Prohibits federal assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the construction of a covered levee from being conditioned on its dismantlement, except as provided for in a status certificate. Requires the Chief of Engineers to provide a status certificate for each levee constructed with federal assistance provided under that Act.
Defines "covered levee" to mean a levee or similar structure constructed: (1) in response to a major disaster or emergency; and (2) in an area in which at least one other such structure was constructed in response to such a disaster or emergency, and subsequently dismantled, during the 10-year period preceding the date on which the President declares the major disaster or emergency.
Defines "status certificate" to mean a written determination by the Chief of Engineers that a levee or similar structure: (1) is constructed in a manner that satisfies standards applicable to a permanent levee or similar structure, is not constructed in a manner that satisfies such standards but there is an adequate plan for improvements to ensure that such standards will be satisfied, or is not constructed in a manner that satisfies such standards and there is no adequate plan for improvements; and (2) may safely remain in place subject to specified conditions and for a specified period.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3251 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3251
To ensure that Federal assistance provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for the construction of
certain emergency levees is not conditioned on the subsequent
dismantlement of those levees, except as provided for in a status
certificate, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 24, 2011
Mr. Kline (for himself, Mr. Peterson, Mr. Long, and Mr. Boswell)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To ensure that Federal assistance provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for the construction of
certain emergency levees is not conditioned on the subsequent
dismantlement of those levees, except as provided for in a status
certificate, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ASSISTANCE FOR CERTAIN EMERGENCY LEVEES.
(a) In General.--Notwithstanding any other provision of law,
Federal assistance provided under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), if for
the construction of a covered levee, may not be conditioned on the
dismantlement of the covered levee, except as provided for in a status
certificate.
(b) Provision of Status Certificates.--The Secretary of the Army,
acting through the Chief of Engineers, shall provide a status
certificate for each covered levee constructed with Federal assistance
provided under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(c) Definitions.--In this section, the following definitions apply:
(1) Covered levee.--The term ``covered levee'' means a
levee or similar structure constructed--
(A) in response to a major disaster or emergency;
and
(B) in an area in which at least 1 other levee or
similar structure was constructed in response to a
major disaster or emergency, and subsequently
dismantled, during the 10-year period preceding the
date on which the President declares the major disaster
or emergency applicable for purposes of subparagraph
(A).
(2) Major disaster or emergency.--The term ``major disaster
or emergency'' means a major disaster or emergency declared to
exist by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(3) Status certificate.--The term ``status certificate''
means a written determination by the Secretary of the Army,
acting through the Chief of Engineers, that a levee or similar
structure--
(A) is either--
(i) constructed in a manner that satisfies
standards applicable to a permanent levee or
similar structure;
(ii) not constructed in a manner that
satisfies standards described in clause (i),
but there is an adequate plan for improvements
to ensure that such standards will be
satisfied; or
(iii) not constructed in a manner that
satisfies standards described in clause (i) and
there is no adequate plan for improvements to
ensure that such standards will be satisfied;
and
(B) may safely remain in place--
(i) subject to conditions specified; and
(ii) for a period of time specified.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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