The Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93–288,
2022—Subsec. (a)(1). Pub. L. 117–263 substituted “in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater 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, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (including changes that result from relative sea level change over the useful life of the structure or project), subject to the condition that the Chief of Engineers may, if requested by the non-Federal sponsor, include modifications to the structure or project (including the addition of new project features) to address major deficiencies, increase resilience, increase benefits from the reduction of damages from inundation, wave action, or erosion, or implement nonstructural alternatives to the repair or restoration of the structure.” for “in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides greater 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.”
2020—Subsec. (a)(2)(B)(i)(I). Pub. L. 116–260, § 120(1)(A)(i), inserted “, or provide contributions equal to,” after “pay”.
Subsec. (a)(2)(B)(ii). Pub. L. 116–260, § 120(1)(A)(ii), in heading, inserted “and contributions” after “of payments” and, in text, inserted “or contributions” after “Non-Federal payments” and after “non-Federal payments”.
Subsec. (a)(5). Pub. L. 116–260, § 120(1)(B), added par. (5).
Subsec. (c). Pub. L. 116–260, § 120(2)(A), substituted “Eligibility” for “Levee owners manual” in heading.
Subsec. (c)(1). Pub. L. 116–260, § 120(2)(B), substituted “Levee owner’s manual” for “In general” in heading.
Subsec. (c)(2) to (4). Pub. L. 116–260, § 120(2)(C), (D), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted “paragraph (1)” for “this subsection” in par. (3).
2018—Subsec. (a)(1). Pub. L. 115–270, § 1160, in first sentence, substituted “strengthening, raising, extending, realigning, or other modification thereof” for “strengthening, raising, extending, or other modification thereof” and “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides greater protection, when, in the discretion of the Chief of Engineers,” for “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,”.
Subsec. (a)(2). Pub. L. 115–270, § 1161(a), added par. (2) and struck out former par. (2) which read as follows: “In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of—
“(A) residential establishments;
“(B) commercial establishments, including the protection of inventory; and
“(C) agricultural establishments, including the protection of crops.”
Subsec. (a)(3), (4). Pub. L. 115–270, § 1162, added par. (3) and redesignated former par. (3) as (4).
2016—Subsec. (a)(3). Pub. L. 114–322, § 1176(1), added par. (3).
Subsecs. (d), (e). Pub. L. 114–322, § 1176(2), added subsecs. (d) and (e).
2014—Subsec. (a)(1). Pub. L. 113–121 inserted “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. 101–640 substituted “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. 100–707 substituted “and Emergency Assistance Act” for “Act of 1974”.
1987—Subsec. (a). Pub. L. 100–45 designated existing provisions as par. (1) and added par. (2).
1986—Subsec. (a). Pub. L. 99–662 inserted 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. 95–51 designated existing provisions as subsec. (a) and added subsec. (b).
1974—Pub. L. 93–251 struck 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. 87–874 authorized 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
1950—Act
1948—Act
1946—Act
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
Pub. L. 117–263, div. H, title LXXXI, § 8102(b), “(1) The Secretary [of the Army] shall not deny a request from the Governor of a Great Lakes State to provide advance measures assistance pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)) to reduce the risk of damage from rising water levels in the Great Lakes solely on the basis that the damage is caused by erosion.“(2) Assistance provided by the Secretary pursuant to a request described in paragraph (1) shall be at Federal expense if the assistance is for the construction of advance measures to a temporary construction standard.“(3) In this subsection, the term ‘Great Lakes State’ means the State of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin.”
Pub. L. 117–263, div. H, title LXXXI, § 8120,
Pub. L. 115–270, title I, § 1161(b), “(1) the non-Federal sponsor agrees, in accordance with such section 5, as amended by this Act, to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and“(2) the Secretary [of the Army] determines that the damage to the structure was not as a result of negligent operation or maintenance.”
Pub. L. 113–121, title III, § 3011,
Pub. L. 113–121, title III, § 3013, “(a) 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 “(2) the draft policy guidance letter entitled ‘Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls’ (77 Fed. Reg. 9637 (“(b) 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) “(1) 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) “(A) 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) The scope of a variance approved by the Secretary may include a complete exemption to guidelines, if appropriate.“(d) “(1) 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) “(A) 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) 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) “(1) 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) 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) “(1) Not later than 18 months after the date of enactment of this Act [“(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) 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— “(I) are consistent with the guidelines; and “(II) have been adopted through a formal public process; and“(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) 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) “(1) 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) 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), “(1) 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) 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) 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 [
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.