33 U.S. Code § 701n - Emergency response to natural disasters

The Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 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.

2014—Subsec. (a)(1). Pub. L. 113–121inserted “and subject to the condition that the Chief of Engineers may include modifications to the structure or project” after “work for flood control” and substituted “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor” for “structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection”.

1996—Subsec. (a)(1). Pub. L. 104–303, § 202(e), in first sentence, inserted “, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor”.

Subsec. (c). Pub. L. 104–303, § 202(f), added subsec. (c).

1990—Subsec. (a)(1). Pub. L. 101–640substituted “preparation for emergency response to any natural disaster” for “flood emergency preparation” and inserted provision permitting the emergency fund to be used for emergency dredging for restoration of authorized depths for Federal navigable channels and waterways made necessary by flood, drought, earthquake, or other natural disasters.

1988—Subsec. (a)(1). Pub. L. 100–707substituted “and Emergency Assistance Act” for “Act of 1974”.

1987—Subsec. (a). Pub. L. 100–45designated existing provisions as par. (1) and added par. (2).

1986—Subsec. (a). Pub. L. 99–662inserted provision relating to authority of the Chief of Engineers, when the Governor of an affected State requests a determination that an emergency or major disaster exists, to perform on public and private lands and waters, for a period of ten days following the Governor’s request, any emergency work made necessary by such emergency or disaster which is essential for the preservation of life and property, and substituted “clean water” for “clean drinking water” and “contaminated water” for “contaminated drinking water”.

1977—Pub. L. 95–51designated existing provisions as subsec. (a) and added subsec. (b).

1974—Pub. L. 93–251struck out limitation of emergency fund to $15,000,000, provided for emergency supplies of clean drinking water to localities confronted with source of contaminated drinking water, and substituted in proviso “of sums to such emergency fund” for “of said sum”.

1962—Pub. L. 87–874authorized expenditures from the emergency fund for the protection of federally authorized hurricane or shore protection being threatened when such is warranted to protect against imminent and substantial loss to life and property, and for the repair and restoration of any such federally authorized hurricane or shore protective structure damaged or destroyed by wind or water action of an extraordinary nature when such is warranted for the adequate functioning of the structure for hurricane or shore protection.

1955—Act June 28, 1955, authorized expenditure for flood emergency preparation and eliminated the requirement of maintenance of flood control works threatened by flood.

1950—Act May 17, 1950, expanded scope of work considered under emergency repairs to flood-control structures, and substituted “$15,000,000” for “$2,000,000”.

1948—Act June 30, 1948, inserted provisions relating to the strengthening, extending, or modification of flood-control works.

1946—Act July 24, 1946, substituted “$2,000,000” for “$1,000,000”.

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Pub. L. 113–121, title III, § 3011,June 10, 2014, 128 Stat. 1284, provided that: “A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) as long as the levee system sponsor continues to make satisfactory progress, as determined by the Secretary [of the Army], on an approved systemwide improvement framework or letter of intent.”

Pub. L. 113–121, title III, § 3013,June 10, 2014, 128 Stat. 1284, provided that:

“(a) Definition of Guidelines.—In this section, the term ‘guidelines’ means the Corps of Engineers policy guidelines for management of vegetation on levees, including—

“(1) Engineering Technical Letter 1110–2–571 entitled ‘Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures’ and adopted April 10, 2009; and

“(2) the draft policy guidance letter entitled ‘Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls’ (77 Fed. Reg. 9637 (Feb. 17, 2012)).

“(b) Review.—The Secretary [of the Army] shall carry out a comprehensive review of the guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States.

“(c) Factors.—

“(1) In general.—In carrying out the review, the Secretary shall consider—

“(A) the varied interests and responsibilities in managing flood risks, including the need—

“(i) to provide the greatest benefits for public safety with limited resources; and

“(ii) to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits;

“(B) the levee safety benefits that can be provided by woody vegetation;

“(C) the preservation, protection, and enhancement of natural resources, including—

“(i) the benefit of vegetation on levees in providing habitat for species of concern, including endangered, threatened, and candidate species; and

“(ii) the impact of removing levee vegetation on compliance with other regulatory requirements;

“(D) protecting the rights of Indian tribes pursuant to treaties and statutes;

“(E) determining how vegetation impacts the performance of a levee or levee system during a storm or flood event;

“(F) the available science and the historical record regarding the link between vegetation on levees and flood risk;

“(G) the avoidance of actions requiring significant economic costs and environmental impacts; and

“(H) other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate.

“(2) Variance considerations.—

“(A) In general.—In carrying out the review, the Secretary shall specifically consider factors that promote and allow for consideration of variances from guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on—

“(i) regional or watershed soil conditions;

“(ii) hydrologic factors;

“(iii) vegetation patterns and characteristics;

“(iv) environmental resources, including endangered, threatened, or candidate species and related regulatory requirements;

“(v) levee performance history, including historical information on original construction and subsequent operation and maintenance activities;

“(vi) any effects on water supply;

“(vii) any scientific evidence on the link between levee vegetation and levee safety;

“(viii) institutional considerations, including implementation challenges and conflicts with or violations of Federal or State environmental laws;

“(ix) the availability of limited funds for levee construction and rehabilitation;

“(x) the economic and environmental costs of removing woody vegetation on levees; and

“(xi) other relevant factors identified in public comments that the Secretary determines to be appropriate.

“(B) Scope.—The scope of a variance approved by the Secretary may include a complete exemption to guidelines, if appropriate.

“(d) Cooperation and Consultation; Recommendations.—

“(1) In general.—The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public.

“(2) Recommendations.—

“(A) Regional integration teams.—Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resource agencies, and with participation by local agencies, shall submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2).

“(B) State, tribal, regional, and local entities.—The Secretary shall consider and accept recommendations from any State, tribal, regional, or local entity for vegetation management policies for levees that conform with Federal and State laws and other applicable requirements, including recommendations relating to the review of guidelines under subsection (b) and the consideration of variances under subsection (c)(2).

“(e) Independent Consultation.—

“(1) In general.—As part of the review, the Secretary shall solicit and consider the views of independent experts on the engineering, environmental, and institutional considerations underlying the guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d).

“(2) Availability of views.—The views of the independent experts obtained under paragraph (1) shall be—

“(A) made available to the public; and

“(B) included in supporting materials issued in connection with the revised guidelines required under subsection (f).

“(f) Revision of Guidelines.—

“(1) In general.—Not later than 18 months after the date of enactment of this Act [June 10, 2014], the Secretary shall—

“(A) revise the guidelines based on the results of the review, including—

“(i) recommendations received as part of the consultation described in subsection (d)(1); and

“(ii) the views received under subsection (e);

“(B) provide the public not less than 30 days to review and comment on draft guidelines before issuing final guidelines; and

“(C) submit to Congress and make publicly available a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section.

“(2) Content; incorporation into manual.—The revised guidelines shall—

“(A) provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the guidelines that—

“(i) reflect due consideration of the factors described in subsection (c); and

“(ii) incorporate State, tribal, and regional vegetation management guidelines for specific areas that—

“(B) be incorporated into the manual proposed under section 5(c) of the Act of August 18, 1941 (33 U.S.C. 701n (c)).

“(3) Failure to meet deadlines.—If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of—

“(A) why the deadline was missed;

“(B) solutions needed to meet the deadline; and

“(C) a projected date for submission of the report.

“(g) Interim Actions.—

“(1) In general.—Until the date on which revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk.

“(2) Revisions.—Beginning on the date on which the revisions to the guidelines are adopted in accordance with subsection (f), the Secretary shall reconsider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former guidelines.”

Pub. L. 104–303, title II, § 202(g),Oct. 12, 1996, 110 Stat. 3676, provided that:

“(1) Review.—The Secretary shall undertake a comprehensive review of the current policy guidelines on vegetation management for levees. The review shall examine current policies in view of the varied interests in providing flood control, preserving, protecting, and enhancing natural resources, protecting the rights of Native Americans pursuant to treaty and statute, and such other factors as the Secretary considers appropriate.

“(2) Cooperation and consultation.—The review under this section [subsection] shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments and the public.

“(3) Revision of guidelines.—Based upon the results of the review, the Secretary shall revise, not later than 270 days after the date of the enactment of this Act [Oct. 12, 1996], the policy guidelines so as to provide a coherent and coordinated policy for vegetation management for levees. Such revised guidelines shall address regional variations in levee management and resource needs and shall be incorporated in the manual proposed under section 5(c) of such Act of August 18, 1941 (33 U.S.C. 701n[(c)]).”