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Title 42 — The Public Health and Welfare

Chapter 50 — National Flood Insurance

§ 4131. Levee certifications

Statutory 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

(1)

In general

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).

(2)

Requirements

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 ); 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.

(3)

Funding

(A)

In general

The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection.

(B)

Cost share

The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection.

(C)

Contributed funds

Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.

Footnotes

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

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. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 title III § 3014 · 128 Stat. 1193

    Enacted · 42 U.S.C. § 4131

    Pub. L. 113–121, title III, § 3014, June 10, 2014, 128 Stat. 1287

    Source evidence

    Code source credit
    Pub. L. 113–121, title III, § 3014, June 10, 2014, 128 Stat. 1287

    Enacted provision · exact public law section
    SEC. 3014. LEVEE CERTIFICATIONS. (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 under the inspection of completed works program 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); and (2) to the maximum extent practicable, carry out activities under the inspection of completed works program of the Corps of Engineers in alignment with the schedule established for the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). (b) Accelerated Levee System Evaluations.— (1) In general.— 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 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). (2) Requirements.— 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 the date of enactment of this Act); 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. (3) Funding.— (A) In general.— The Secretary may use amounts made available under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) to carry out this subsection. (B) Cost share.— The Secretary shall apply the cost share under section 22(b) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(b)) to any activities carried out under this subsection.

  2. Department of Transportation Appropriations Act, 2021

    Pub. L. 116–260 § 142(b)(1)(A) · 134 Stat. 1182

    1. Substituted · 42 U.S.C. § 4131(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”

    2. Struck · 42 U.S.C. § 4131(a)(1)

      Pub. L. 116–260, § 142(b)(1)(A), struck out “and” at end

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 142. In addition to the amounts made available under the heading, “Operations and Research (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)” for carrying out the provisions of section 403 of title 23, United States Code, $17,000,000, to remain available until September 30, 2022, shall be made available to the National Highway Traffic Safety Administration from the general fund: Provided, That of the sums provided under this provision— (1) not to exceed $7,000,000 shall be available to provide funding for grants, pilot program activities, and innovative solutions to reduce impaired-driving fatalities in collaboration with eligible entities under section 403 of title 23, United States Code; and (2) not to exceed $10,000,000 shall be available to continue a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety in collaboration with the Federal Railroad Administration.

  3. Department of Transportation Appropriations Act, 2021

    Pub. L. 116–260 § 142(b)(1)(B) · 134 Stat. 1182

    1. Substituted · 42 U.S.C. § 4131(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” “; and” for period at end

    2. Substituted · 42 U.S.C. § 4131(a)(2)

      Pub. L. 116–260, § 142(b)(1)(B), substituted “chapter I” for “chapter 1” “; and” for period at end

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 142. In addition to the amounts made available under the heading, “Operations and Research (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)” for carrying out the provisions of section 403 of title 23, United States Code, $17,000,000, to remain available until September 30, 2022, shall be made available to the National Highway Traffic Safety Administration from the general fund: Provided, That of the sums provided under this provision— (1) not to exceed $7,000,000 shall be available to provide funding for grants, pilot program activities, and innovative solutions to reduce impaired-driving fatalities in collaboration with eligible entities under section 403 of title 23, United States Code; and (2) not to exceed $10,000,000 shall be available to continue a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety in collaboration with the Federal Railroad Administration.

  4. Department of Transportation Appropriations Act, 2021

    Pub. L. 116–260 § 142(b)(1)(C) · 134 Stat. 1182

    Added · 42 U.S.C. § 4131(a)(3)

    Pub. L. 116–260, § 142(b)(1)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 116–260, § 142(b)(1)(C), added par. (3).

    Enacted provision · exact public law section
    Sec. 142. In addition to the amounts made available under the heading, “Operations and Research (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)” for carrying out the provisions of section 403 of title 23, United States Code, $17,000,000, to remain available until September 30, 2022, shall be made available to the National Highway Traffic Safety Administration from the general fund: Provided, That of the sums provided under this provision— (1) not to exceed $7,000,000 shall be available to provide funding for grants, pilot program activities, and innovative solutions to reduce impaired-driving fatalities in collaboration with eligible entities under section 403 of title 23, United States Code; and (2) not to exceed $10,000,000 shall be available to continue a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety in collaboration with the Federal Railroad Administration.

  5. Department of Transportation Appropriations Act, 2021

    Pub. L. 116–260 § 142(b)(2) · 134 Stat. 1182

    Added · 42 U.S.C. § 4131(b)(3)(C)

    Pub. L. 116–260, § 142(b)(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 116–260, § 142(b)(2), added subpar. (C).

    Enacted provision · exact public law section
    Sec. 142. In addition to the amounts made available under the heading, “Operations and Research (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)” for carrying out the provisions of section 403 of title 23, United States Code, $17,000,000, to remain available until September 30, 2022, shall be made available to the National Highway Traffic Safety Administration from the general fund: Provided, That of the sums provided under this provision— (1) not to exceed $7,000,000 shall be available to provide funding for grants, pilot program activities, and innovative solutions to reduce impaired-driving fatalities in collaboration with eligible entities under section 403 of title 23, United States Code; and (2) not to exceed $10,000,000 shall be available to continue a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety in collaboration with the Federal Railroad Administration.

7 of 7 references resolved to an enrolled provision

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, , 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.

Credits

2014–2020 · 2 acts
  1. 2014Pub. L. 113–121, title III, § 3014, , 128 Stat. 1287
  2. 2020Pub. L. 116–260, div. AA, title I, § 142(b), , 134 Stat. 2653.
Show as published

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

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