§ 3303. Inventory and inspection of levees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2007

   National Levee Safety Act of 2007

   Pub. L. 110–114 title IX § 9004 · 121 Stat. 1041

   Enacted · 33 U.S.C. § 3303

   Pub. L. 110–114, title IX, § 9004, Nov. 8, 2007, 121 Stat. 1290

   Source evidence

   Code source credit
   Pub. L. 110–114, title IX, § 9004, Nov. 8, 2007, 121 Stat. 1290

   Enacted provision · exact public law section
   SEC. 9004. INVENTORY AND INSPECTION OF LEVEES. (a) Levee Database.— (1) In general.— Not later than one year after the date of enactment of this Act, the Secretary shall establish and maintain a database with an inventory of the Nation’s levees. (2) Contents.— The database shall include— (A) location information of all Federal levees in the Nation (including global information system information) and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies; (B) utilizing such information as is available, the general condition of each levee; and (C) an estimate of the number of structures and population at risk and protected by each levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee. (3) Availability of information.— (A) Availability to federal, state, and local governmental agencies.— The Secretary shall make all of the information in the database available to appropriate Federal, State, and local governmental agencies. (B) Availability to the public.— The Secretary shall make the information in the database described in paragraph (2)(A), and such other information in the database as the Secretary determines appropriate, available to the public. (b) Inventory and Inspection of Levees.— (1) Federal levees.— The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated levees. (2) Federally constructed, nonfederally operated and maintained levees.— The Secretary shall establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees, at the original cost share for the project. (3) Participating levees.— For non-Federal levees the owners of which are participating in the emergency response to natural disasters program established under section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n), the Secretary shall establish an inventory and conduct an inspection of each such levee if the owner of the levee requests such inspection. The Federal share of the cost of an inspection under this paragraph shall be 65 percent.

2. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 3016(d)(1) · 128 Stat. 1193

   Substituted · 33 U.S.C. § 3303(a)(2)(A)

   Pub. L. 113–121, § 3016(d)(1), substituted “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities” for “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 113–121, § 3016(d)(1), substituted “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities” for “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies”.

   Enacted provision · exact public law section
   (1) in subsection (a)(2)(A) by striking “and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies” and inserting “and updated levee information provided by States, Indian tribes, Federal agencies, and other entities”; and

3. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 § 3016(d)(2) · 128 Stat. 1193

   Added · 33 U.S.C. § 3303(c)

   Pub. L. 113–121, § 3016(d)(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–121, § 3016(d)(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) Levee Review.— “(1) In general.— The Secretary shall carry out a one-time inventory and review of all levees identified in the national levee database. “(2) No federal interest.— The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance of any levee that is included in the inventory or inspected under this subsection. “(3) Review criteria.— In carrying out the inventory and review, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection. “(4) State and tribal participation.— At the request of a State or Indian tribe with respect to any levee subject to review under this subsection, the Secretary shall— “(A) allow an official of the State or Indian tribe to participate in the review of the levee; and “(B) provide information to the State or Indian tribe relating to the location, construction, operation, or maintenance of the levee. “(5) Exceptions.— In carrying out the inventory and review under this subsection, the Secretary shall not be required to review any levee that has been inspected by a State or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this subsection if the Governor of the State or chief executive of the tribal government, as applicable, requests an exemption from the review.” .

4. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1130(b)(1)(A) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 3303(a)(1)

   Pub. L. 114–322, § 1130(b)(1)(A), substituted “1 year after December 16, 2016,” for “one year after November 8, 2007,”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 114–322, § 1130(b)(1)(A), substituted “1 year after December 16, 2016,” for “one year after November 8, 2007,”.

   Enacted provision · exact public law section
   (A) in paragraph (1) by striking “one year after the date of enactment of this Act” and inserting “1 year after the date of enactment of the Water Resources Development Act of 2016”;

5. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1130(b)(1)(B) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 3303(a)(2)(A)

   Pub. L. 114–322, § 1130(b)(1)(B), substituted “States, regional districts, Indian tribes, Federal agencies, and other entities” for “States, Indian tribes, Federal agencies, and other entities”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 114–322, § 1130(b)(1)(B), substituted “States, regional districts, Indian tribes, Federal agencies, and other entities” for “States, Indian tribes, Federal agencies, and other entities”.

   Enacted provision · exact public law section
   (B) in paragraph (2)(A) by striking “States, Indian tribes, Federal agencies, and other entities” and inserting “States, regional districts, Indian tribes, Federal agencies, and other entities”; and

6. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1130(b)(1)(C) · 130 Stat. 1628

   Substituted · 33 U.S.C. § 3303(a)(3)(A)

   Pub. L. 114–322, § 1130(b)(1)(C), substituted “Federal, State, regional, tribal, and local” for “Federal, State, and local” in heading and text

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 114–322, § 1130(b)(1)(C), substituted “Federal, State, regional, tribal, and local” for “Federal, State, and local” in heading and text.

   Enacted provision · exact public law section
   (C) in paragraph (3)— (i) in the heading for subparagraph (A) by striking “federal, state, and local” and inserting “federal, state, regional, tribal, and local”; and (ii) in subparagraph (A) by striking “Federal, State, and local” and inserting “Federal, State, regional, tribal, and local”; and

7. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1130(b)(2)(A) · 130 Stat. 1628

   1. Substituted · 33 U.S.C. § 3303(c)(4)

      Pub. L. 114–322, § 1130(b)(2)(A), substituted “State, regional, and tribal” for “State and tribal” wherever appearing in text

   2. Substituted · 33 U.S.C. § 3303(c)(4)

      Pub. L. 114–322, § 1130(b)(2)(A), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” wherever appearing in text

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 114–322, § 1130(b)(2)(A), substituted “State, regional, and tribal” for “State and tribal” in heading and “State, regional district, or Indian tribe” for “State or Indian tribe” wherever appearing in text.

   Enacted provision · exact public law section
   (A) in paragraph (4)— (i) in the paragraph heading by striking “State and tribal” and inserting “State, regional, and tribal”; and (ii) by striking “State or Indian tribe” each place it appears and inserting “State, regional district, or Indian tribe”; and

8. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1130(b)(2)(B) · 130 Stat. 1628

   1. Substituted · 33 U.S.C. § 3303(c)(5)

      Pub. L. 114–322, § 1130(b)(2)(B), substituted “State, regional district, or Indian tribe” for “State or Indian tribe”

   2. Substituted · 33 U.S.C. § 3303(c)(5)

      Pub. L. 114–322, § 1130(b)(2)(B), substituted “chief executive of the regional district or tribal government” for “chief executive of the tribal government”

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 114–322, § 1130(b)(2)(B), substituted “State, regional district, or Indian tribe” for “State or Indian tribe” and “chief executive of the regional district or tribal government” for “chief executive of the tribal government”.

   Enacted provision · exact public law section
   (B) in paragraph (5)— (i) by striking “State or Indian tribe” and inserting “State, regional district, or Indian tribe”; and (ii) by striking “chief executive of the tribal government” and inserting “chief executive of the regional district or tribal government”.

9. 2020

   Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021

   Pub. L. 116–260 div. AA title I § 131 · 134 Stat. 1182

   Added · 33 U.S.C. § 3303(d)

   Pub. L. 116–260 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 116–260 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 131. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this or any other Act may be used to consolidate or relocate any element of a United States Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) outside of the United States until the Secretary of the Air Force: (1) completes an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States; (2) provides to the Committees on Appropriations of both Houses of Congress (“the Committees”) a report detailing the findings of the cost analysis; and (3) certifies in writing to the Committees that the preferred site for the consolidation or relocation yields the greatest savings for the Air Force: Provided, That Definition. the term “United States” in this section does not include any territory or possession of the United States.

11 of 11 references resolved to an enrolled provision