Directs the Administrator of the Federal Emergency Management Agency (FEMA) to approve the construction of a permanent flood risk reduction levee by a state, local, or tribal government under specified circumstances on land: (1) acquired and deed restricted under hazard mitigation provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) located in North Dakota in a community that is participating in the National Flood Insurance Program on the date on which a state, local, or tribal government requests construction of such a levee and certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the Program.
Requires such approval if the Administrator and the Chief of Engineers determine, through a process funded entirely by the state, local, or tribal government seeking to construct it, that: (1) construction of the proposed levee would more effectively mitigate against flooding risk than an open floodplain or other flood risk reduction measures; (2) the proposed levee complies with federal, state, and local requirements, including mitigation of adverse impacts and implementation of floodplain management requirements, which shall include an evaluation of whether its construction, operation, and maintenance would continue to meet best available industry standards and practices, would be the most cost-effective measure to protect against the assessed flood risk, and minimizes future costs to the federal government; and (3) such government has provided an adequate maintenance plan that documents the procedures it will use to ensure that the stability, height, and overall integrity of the proposed levee and its structure and systems are maintained.
Requires: (1) a state, local, or tribal government that constructs such a levee to submit to the Administrator and the Chief of Engineers an annual certification indicating whether such government is in compliance with the maintenance plan; and (2) the Chief to review such certification and determine whether such government has complied with that plan.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2039 Considered and Passed Senate (CPS)]
112th CONGRESS
2d Session
S. 2039
To allow a State or local government to construct levees on certain
properties otherwise designated as open space lands.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2012
Mr. Hoeven (for himself and Mr. Conrad) introduced the following bill;
which was read twice
January 26, 2012
Considered, amended, read the third time, and passed
_______________________________________________________________________
A BILL
To allow a State or local government to construct levees on certain
properties otherwise designated as open space lands.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LEVEES.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``covered hazard mitigation land'' means
land--
(A) acquired and deed restricted under section
404(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(b)) before,
on, or after the date of enactment of this Act; and
(B) that is located--
(i) in North Dakota; and
(ii) in a community that--
(I) is participating in the
National Flood Insurance Program on the
date on which a State, local, or tribal
government submits an application
requesting to construct a permanent
flood risk reduction levee under
subsection (b); and
(II) certifies to the Administrator
and the Chief of Engineers that the
community will continue to participate
in the National Flood Insurance
Program.
(b) Authority.--Notwithstanding clause (i) or (ii) of section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c(b)(2)(B)), the Administrator shall
approve the construction of a permanent flood risk reduction levee by a
State, local, or tribal government on covered hazard mitigation land if
the Administrator and the Chief of Engineers determine, through a
process established by the Administrator and Chief of Engineers and
funded entirely by the State, local, or tribal government seeking to
construct the proposed levee, that--
(1) construction of the proposed permanent flood risk
reduction levee would more effectively mitigate against
flooding risk than an open floodplain or other flood risk
reduction measures;
(2) the proposed permanent flood risk reduction levee
complies with Federal, State, and local requirements, including
mitigation of adverse impacts and implementation of floodplain
management requirements, which shall include an evaluation of
whether the construction, operation, and maintenance of the
proposed levee would continue to meet best available industry
standards and practices, would be the most cost-effective
measure to protect against the assessed flood risk and
minimizes future costs to the federal government;
(3) the State, local, or tribal government seeking to
construct the proposed levee has provided an adequate
maintenance plan that documents the procedures the State,
local, or tribal government will use to ensure that the
stability, height, and overall integrity of the proposed levee
and the structure and systems of the proposed levee are
maintained, including--
(A) specifying the maintenance activities to be
performed;
(B) specifying the frequency with which maintenance
activities will be performed;
(C) specifying the person responsible for
performing each maintenance activity (by name or
title);
(D) detailing the plan for financing the
maintenance of the levee; and
(E) documenting the ability of the State, local, or
tribal government to finance the maintenance of the
levee.
(c) Maintenance Certification.--
(1) In general.--A State, local, or tribal government that
constructs a permanent flood risk reduction levee under
subsection (b) shall submit to the Administrator and the Chief
of Engineers an annual certification indicating whether the
State, local, or tribal government is in compliance with the
maintenance plan provided under subsection (b)(3).
(2) Review.--The Chief of Engineers shall review a
certification submitted under paragraph (1) and determine
whether the State, local, or tribal government has complied
with the maintenance plan.
<all>
Introduced in Senate
Introduced in the Senate, read twice.
Measure laid before Senate by unanimous consent. (consideration: CR S136-137)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
Mr. Young (AK) moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H5105-5110)
DEBATE - The House proceeded with forty minutes of debate on S. 2039.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5115-5116)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 126 - 254 (Roll no. 500).(text: CR H5105)
Roll Call #500 (House)On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 126 - 254 (Roll no. 500). (text: CR H5105)
Roll Call #500 (House)