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S 806

112th CONGRESS
1st Session

S. 806

To require the Secretary of the Army to conduct levee system evaluations and certifications on receipt of requests from non-Federal interests.

IN THE SENATE OF THE UNITED STATES

April 13, 2011

Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To require the Secretary of the Army to conduct levee system evaluations and certifications on receipt of requests from non-Federal interests.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Rural Community Flood Protection Act of 2011'.

SEC. 2. RURAL COMMUNITY FLOOD PROTECTION.

    (a) In General- On receipt of a request from a non-Federal interest, the Secretary of the Army (referred to in this section as the `Secretary') shall conduct a levee system evaluation and certification of a federally authorized levee or a non-federally authorized levee for purposes of the National Flood Insurance Program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).

    (b) Requirements- A levee system evaluation and certification under subsection (a) shall--

      (1) at a minimum, comply with the requirements of section 65.10 of title 44, Code of Federal Regulations (as in effect on the date of enactment of this Act); and

      (2) be carried out in accordance with such procedures as the Secretary, in consultation with the Director of the Federal Emergency Management Agency, may establish.

    (c) Cost Sharing-

      (1) NON-FEDERAL SHARE- Subject to paragraph (2), the non-Federal share of the cost of carrying out a levee system evaluation and certification under this section shall be 35 percent.

      (2) ADJUSTMENT- The Secretary shall adjust the non-Federal share under paragraph (1) to zero if--

        (A) the non-Federal interest is located in an area with a population of 10,000 or fewer individuals; or

        (B) the division of the non-Federal interest with responsibility for the applicable levee is staffed by individuals operating on a volunteer basis.

END