Levee certifications

42 U.S.C. § 4131

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER IV—GENERAL PROVISIONS

Text

(a) Implementation of Flood Protection Structure Accreditation Task Force
In carrying out section 100226 of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall—
(1) ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation);
(2) to the maximum extent practicable, carry out the activities referred to in paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and
(3) in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner.
(b) Accelerated levee system evaluations
On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a).
A levee system evaluation under paragraph (1) shall—
(A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and
(B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish.
The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection.
The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection.
Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.

History

(Pub. L. 113–121, title III, §3014, June 10, 2014, 128 Stat. 1287; Pub. L. 116–260, div. AA, title I, §142(b), Dec. 27, 2020, 134 Stat. 2653.)

Editorial Notes

Editorial Notes

References in Text
The National Flood Insurance Act of 1968, referred to in subsecs. (a)(2) and (b)(1), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. Chapter I of the Act is classified principally to subchapter I (§4011 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

Codification
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

Amendments
2020—Subsec. (a)(1). Pub. L. 116–260, §142(b)(1)(A), substituted "for levee systems under the levee safety and dam safety programs" for "under the inspection of completed works program" and struck out "and" at end.
Subsec. (a)(2). Pub. L. 116–260, §142(b)(1)(B), substituted "the activities referred to in paragraph (1)" for "activities under the inspection of completed works program of the Corps of Engineers", "chapter I" for "chapter 1", and "; and" for period at end.
Subsec. (a)(3). Pub. L. 116–260, §142(b)(1)(C), added par. (3).
Subsec. (b)(3)(C). Pub. L. 116–260, §142(b)(2), added subpar. (C).

Statutory Notes and Related Subsidiaries

Definition of "Secretary"
Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.