Not later than one year after November 8, 2007, the Secretary shall establish and maintain a database with an inventory of the Nation’s levees.
The database shall include—
(A)location information of all Federal levees in the Nation (including global information system information) and updated levee information provided by States, Indian tribes, Federal agencies, and other entities;
(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
701n of this title, 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.
(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.
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 June 10, 2014, if the Governor of the State or chief executive of the tribal government, as applicable, requests an exemption from the review.
2014—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”.
Secretary means the Secretary of the Army, see section 2 ofPub. L. 110–114, set out as a note under section
2201 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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