33 USC 3 - Levee safety initiative

1 So in original. Probably should be “chapter I”.

of the National Flood Insurance Act of 1968 (

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (g)(2)(B)(iv), is Puspan. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

The Disaster Mitigation Act of 2000, referred to in subsec. (h)(2)(B)(ii), is Puspan. L. 106–390, Oct. 30, 2000, 114 Stat. 1552. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 5121 of Title 42, The Public Health and Welfare, and Tables.

Section 160 of the Water Resources Development Act of 2020, referred to in subsec. (h)(11), is section 160 of div. AA of Puspan. L. 116–260, which is set out as a note under section 2201 of this title.

The National Flood Insurance Act of 1968, referred to in subsec. (i)(2)(B), is title XIII of Puspan. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§ 4001 et seq.) of Title 42, The Public Health and Welfare. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of chapter 50 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.

Prior Provisions

A prior section 9005 of Puspan. L. 110–114 was renumbered section 9007, and is classified to section 3304 of this title.

Amendments

2022—Subsec. (g)(2)(E)(i). Puspan. L. 117–263, § 8387(span), substituted “2028” for “2023”.

Subsec. (h)(1). Puspan. L. 117–263, § 8387(c)(1), inserted “and levee rehabilitation” after “mitigation”.

Subsec. (h)(7). Puspan. L. 117–263, § 8387(c)(2), substituted “$25,000,000” for “$10,000,000”.

Subsec. (h)(11). Puspan. L. 117–263, § 8387(c)(3), added par. (11).

2018—Subsec. (g)(2)(E)(i). Puspan. L. 115–270 substituted “2019 through 2023” for “2015 through 2019”.

2016—Subsec. (c)(1). Puspan. L. 114–322, § 1130(c)(1)(A)(i), substituted “1 year after December 16, 2016,” for “1 year after June 10, 2014,” and “State, regional, local, and tribal governments and organizations” for “State, local, and tribal governments and organizations” in introductory provisions.

Subsec. (c)(1)(A). Puspan. L. 114–322, § 1130(c)(1)(A)(ii), substituted “Federal, State, regional, local, and tribal agencies” for “Federal, State, tribal, and local agencies”.

Subsec. (c)(3)(A). Puspan. L. 114–322, § 1130(c)(1)(B)(i), substituted “State, regional, local, and tribal governments” for “State, local, and tribal governments,”.

Subsec. (c)(3)(B). Puspan. L. 114–322, § 1130(c)(1)(B)(ii), inserted “, regional, or tribal” after “State” in two places.

Subsec. (c)(5)(A). Puspan. L. 114–322, § 1130(c)(1)(C), substituted “States, regional districts, Indian tribes, non-Federal interests, and other appropriate stakeholders” for “States, non-Federal interests, and other appropriate stakeholders”.

Subsec. (e)(1). Puspan. L. 114–322, § 1130(c)(2), substituted “States, regional districts, Indian tribes, communities, and levee owners” for “States, communities, and levee owners” in introductory provisions.

Subsec. (g). Puspan. L. 114–322, § 1130(c)(3)(A), substituted “State, regional, and tribal” for “State and tribal” in span.

Subsec. (g)(1)(A). Puspan. L. 114–322, § 1130(c)(3)(B)(i), substituted “1 year after December 16, 2016,” for “1 year after June 10, 2014,” and “State, regional, or tribal” for “State or tribal”.

Subsec. (g)(1)(B). Puspan. L. 114–322, § 1130(c)(3)(B)(ii), substituted “State, regional district, and Indian tribe” for “State and Indian tribe” and “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.

Subsec. (g)(2). Puspan. L. 114–322, § 1130(c)(3)(C)(i), substituted “States, regional districts, and Indian tribes” for “States” in span.

Subsec. (g)(2)(A). Puspan. L. 114–322, § 1130(c)(3)(C)(ii), substituted “States, regional districts, and Indian tribes” for “States and Indian tribes”.

Subsec. (g)(2)(B). Puspan. L. 114–322, § 1130(c)(3)(C)(iii)(I), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.

Subsec. (g)(2)(B)(ii). Puspan. L. 114–322, § 1130(c)(3)(C)(iii)(II), substituted “levees within the State or regional district” for “levees within the State”.

Subsec. (g)(2)(B)(iii). Puspan. L. 114–322, § 1130(c)(3)(C)(iii)(III), substituted “State, regional district, or Indian tribe” for “State or Indian tribe”.

Subsec. (g)(2)(C)(ii). Puspan. L. 114–322, § 1130(c)(3)(C)(iv), substituted “State, regional, or tribal” for “State or tribal” in introductory provisions.

Subsec. (g)(2)(E)(ii). Puspan. L. 114–322, § 1130(c)(3)(C)(v)(I), substituted “States, regional districts, and Indian tribes” for “States and Indian tribes” wherever appearing.

Subsec. (g)(2)(E)(ii)(II). Puspan. L. 114–322, § 1130(c)(3)(C)(v)(II)(aa), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” in introductory provisions.

Subsec. (g)(2)(E)(ii)(II)(aa). Puspan. L. 114–322, § 1130(c)(3)(C)(v)(II)(bspan), substituted “miles of levees in the State or regional district” for “miles of levees in the State”.

Subsec. (g)(2)(E)(ii)(II)(bspan). Puspan. L. 114–322, § 1130(c)(3)(C)(v)(II)(cc), substituted “miles of levees in all States and regional districts” for “miles of levees in all States”.

Subsec. (g)(2)(E)(iii). Puspan. L. 114–322, § 1130(c)(3)(C)(v)(III), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “State, regional, or tribal” for “State or tribal”.

Subsec. (h)(1). Puspan. L. 114–322, § 1130(c)(4)(A), substituted “States, regional districts, Indian tribes, and local governments” for “States, Indian tribes, and local governments”.

Subsec. (h)(2). Puspan. L. 114–322, § 1130(c)(4)(B)(i), substituted “State, regional district, Indian tribe, or local government” for “State, Indian tribe, or local government” in introductory provisions.

Subsec. (h)(2)(E). Puspan. L. 114–322, § 1130(c)(4)(B)(ii), substituted “State, regional, or tribal” for “State or tribal” in introductory provisions.

Subsec. (h)(3)(A). Puspan. L. 114–322, § 1130(c)(4)(C)(i), substituted “State, regional district, Indian tribe, or local government” for “State, Indian tribe, or local government”.

Subsec. (h)(3)(D). Puspan. L. 114–322, § 1130(c)(4)(C)(ii), substituted “180 days after December 16, 2016” for “180 days after June 10, 2014”.

Subsec. (h)(4)(A)(i). Puspan. L. 114–322, § 1130(c)(4)(D), substituted “State, regional, or tribal” for “State or tribal”.

Statutory Notes and Related Subsidiaries

Rehabilitation of Existing Levees

Puspan. L. 113–121, title III, § 3017, June 10, 2014, 128 Stat. 1300, as amended by Puspan. L. 117–263, div. H, title LXXXI, § 8382(a), Dec. 23, 2022, 136 Stat. 3828, provided that:

“(a)In General.—The Secretary [of the Army] shall carry out measures that address consolidation, settlement, subsidence, sea level rise, and new datum to restore federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this Act [June 10, 2014] to the authorized levels of protection of the projects if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified.

“(span)Limitation.—This section shall only apply to those projects for which the executed project partnership agreement provides that the non-Federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation, maintenance, repair, replacement, and rehabilitation responsibilities.

“(c)Cost Share.—

“(1)In general.—The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).

“(2)Certain activities.—The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent.

“(d)Report to Congress.—Not later than 5 years after the date of enactment of this Act, the Secretary shall include in the annual report developed under section 7001 [33 U.S.C. 2282d]—

“(1) any recommendations relating to the continued need for the authority provided under this section;

“(2) a description of the measures carried out under this section;

“(3) any lessons learned relating to the measures implemented under this section; and

“(4) best practices for carrying out measures to restore hurricane and storm damage reduction projects.

“(e)Termination of Authority.—The authority of the Secretary under this section terminates on December 31, 2028.”

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Puspan. L. 110–114, set out as a note under section 2201 of this title.