42 U.S.C. § 4131 — Levee certifications
submitted 12 years ago by Pub. L. 113-121 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 384 words · no verdicts yet
The Secretary must ensure that Corps levee programs provide information needed for flood-insurance levee accreditation. The Secretary may perform earlier evaluations at a non-Federal party's request, subject to specified standards and cost sharing.
(a) Flood Protection Structure Accreditation Task Force. In carrying out Public Law 112–141 section 100226, the Secretary* must (1) ensure that at least one levee-system program activity under the Corps of Engineers' levee-safety and dam-safety programs gives the Secretary enough information to decide accreditation under title 44 section 65.10 or its successor; (2) as practicable, align those activities with the National Flood Insurance Program* schedule; and (3) for a Corps-operated and maintained levee, cooperate as practicable with local governments seeking accreditation and timely provide needed information. (b) Accelerated evaluations. (1) After a non-Federal interest requests one, the Secretary may evaluate a federally authorized levee for the National Flood Insurance Program if the evaluation will happen earlier than one under subsection (a). (2) The evaluation must at least comply with title 44 section 65.10 as it existed June 10, 2014, and follow procedures the Secretary establishes after consulting the FEMA Administrator*. (3)(A) The Secretary may use amounts available under section 1962d–16. (B) The cost share in section 1962d–16(b) applies. (C) Despite that cost share, a non-Federal interest may pay up to 100 percent of the activity's cost.
In carrying out section 100226 of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary* shall—
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);
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
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.
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).
A levee system evaluation under paragraph (1) shall—
at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and
be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator* of the Federal Emergency Management Agency, may establish.
The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection.
The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection.
Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.
Source credit: (Pub. L. 113–121, title III, § 3014, June 10, 2014, 128 Stat. 1287; Pub. L. 116–260, div. AA, title I, § 142(b), Dec. 27, 2020, 134 Stat. 2653.)
- 2014Enacted · Pub. L. 113-121 · 128 Stat. 1287
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2653
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-121 on 2014-06-10.
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