33 U.S.C. § 3307 — Assessment of Corps of Engineers levees

(a) In general. The Secretary must periodically assess federally authorized levees under Corps of Engineers jurisdiction. The assessment must evaluate the possible Federal interest in modifying levee^* systems, including realigning them or adding natural or nature-based features as defined in section 2289a(a). The objectives may include: (1) increasing flood-risk^*-reduction benefits; (2) achieving greater flood resilience; and (3) restoring hydrological and ecological connections with nearby floodplains to achieve greater environmental benefits, without reducing flood-risk reduction or resilience for protected communities.

(b) Levees operated by non-Federal interests. The Secretary must assess a federally authorized levee system operated by a non-Federal interest only if that interest requests the assessment and agrees to pay 50 percent of its cost.

(c) Assessments. (1) The Secretary must consider and identify for each system: (A) estimated structures and population at risk and protected by the system that would be harmed if it failed or water rose above any segment’s height, using the section 3303 database estimate if available; (B) the number of times the non-Federal interest received emergency flood-fighting or repair help under section 701n and total post-flood repair spending over the system’s life; (C) how the system functions with higher precipitation, including from changing climate conditions and extreme weather; (D) potential costs and benefits, including environmental effects and effects on protected communities, of restoring floodplain connections; and (E) available studies, information, literature, or data from relevant Federal, State^*, or local entities. (2) As far as practicable, the Secretary must prioritize systems in areas flooded in at least two events in any 10-year period and systems for which the non-Federal interest received section 701n help for those events. (3) Each assessment must be similar in cost and scope to an initial assessment prepared under section 549a.

(d) Flood plain management services. The Secretary must consider information about floods and flood damage compiled under section 709a.

(e) Report to Congress. (1) Within 18 months after December 23, 2022, and periodically afterward, the Secretary must report assessment results to the House Transportation and Infrastructure Committee^* and Senate Environment and Public Works Committee. (2) Each report must identify assessed systems; describe possible modifications and their potential benefits; state each non-Federal interest’s willingness and ability to participate, including obtaining needed real estate; and summarize the information considered under subsection (c)(1).

(f) Incorporation of information. The Secretary must put the information in each report into the section 3303 levee database and make it public, including on a publicly available website.

(g) Levee system defined. “Levee system” has the meaning in section 3301(9).

(h) Authorization of appropriations. $10,000,000 is authorized to be appropriated for this section, available until spent.