FLOOD CONTROL POLICY.

SEC. 202. FLOOD CONTROL POLICY.(a) Flood Control Cost Sharing.—(1) Increased non-federal contributions.—(A) In general.—Subsections (a) and (b) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213 (a) and (b)) are each amended by striking “25 percent” each place it appears and inserting “35 percent”. (B) Applicability.—The amendments made by subparagraph (A) shall apply to any project authorized after the date of the enactment of this Act and to any flood control project that is not specifically authorized by Congress for which a Detailed Project Report is approved after such date of enactment or, in the case of a project for which no Detailed Project Report is prepared, construction is initiated after such date of enactment. (2) Physical construction defined.—Section 103(e)(1) of such Act (33 U.S.C. 2213(e)(1)) is amended by adding at the end the following: “For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract.”. (b) Ability To Pay.—(1) In general.—Section 103(m) of such Act (33 U.S.C. 2213(m)) is amended to read as follows: “(m) Ability To Pay.—“(1) In general.—Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. “(2) Criteria and procedures.—The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect on the day before the date of the enactment of the Water Resources Development Act of 1996; except that such criteria and procedures shall be revised within 1 year after such date of enactment to reflect the requirements of paragraph (3). 110 STAT. 3674 “(3) Revision of criteria and procedures.—In revising criteria and procedures pursuant to paragraph (2), the Secretary— “(A) shall consider— “(i) per capita income data for the county or counties in which the project is to be located; and “(ii) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; “(B) shall not consider criteria (other than criteria described in subparagraph (A)) in effect on the day before the date of the enactment of the Water Resources Development Act of 1996; and “(C) may consider additional criteria relating to the non-Federal interest’s financial ability to carry out its cost-sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-Federal share as determined under subparagraph (A). “(4) Non-Federal share.—Notwithstanding subsection (a), the Secretary may reduce the requirement that a non-Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3).”. (2) Applicability.—(A) Generally.—Subject to subparagraph (C), the amendment made by paragraph (1) shall apply to any project, or separable element thereof, with respect to which the Secretary and the non-Federal interest enter into a project cooperation agreement after December 31, 1997. (B) Amendment of cooperation agreement.—If requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act to reflect the application of the amendment made by paragraph (1) to any project for which a contract for construction has not been awarded on or before such date of enactment. (C) Non-federal option.—If requested by the non-Federal interest, the Secretary shall apply the criteria and procedures established pursuant to section 103(m) of the Water Resources Development Act of 1986 as in effect on the day before the date of the enactment of this Act for projects that are authorized before the date of the enactment of this Act. (c) Floodplain Management Plans.—(1) In general.—Section 402 of such Act (33 U.S.C. 701b–12; 100 Stat. 4133) is amended to read as follows: “SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS.“(a) Compliance With Floodplain Management and Insurance Programs.—Before construction of any project for local flood protection, or any project for hurricane or storm damage reduction, that involves Federal assistance from the Secretary, the non-Federal interest shall agree to participate in and comply with applicable Federal floodplain management and flood insurance programs. 110 STAT. 3675 “(b) Flood Plain Management Plans.—Within 1 year after the date of signing a project cooperation agreement for construction of a project to which subsection (a) applies, the non-Federal interest shall prepare a flood plain management plan designed to reduce the impacts of future flood events in the project area. Such plan shall be implemented by the non-Federal interest not later than 1 year after completion of construction of the project. “(c) Guidelines.—“(1) In general.—Within 6 months after the date of the enactment of this subsection, the Secretary shall develop guidelines for preparation of floodplain management plans by non-Federal interests under subsection (b). Such guidelines shall address potential measures, practices, and policies to reduce loss of life, injuries, damages to property and facilities, public expenditures, and other adverse impacts associated with flooding and to preserve and enhance natural floodplain values. “(2) Limitation on statutory construction.—Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Director of the Federal Emergency Management Agency. “(d) Technical Support.—The Secretary may provide technical support to a non-Federal interest for a project to which subsection (a) applies for the development and implementation of plans prepared under subsection (b).”. (2) Applicability.—The amendment made by paragraph (1) shall apply to any project or separable element thereof with respect to which the Secretary and the non-Federal interest have not entered into a project cooperation agreement on or before the date of the enactment of this Act. (d) Nonstructural Flood Control Policy.—(1) Review.—The Secretary shall conduct a review of policies, procedures, and techniques relating to the evaluation and development of flood control measures with a view toward identifying impediments that may exist to justifying non-structural flood control measures as alternatives to structural measures. (2) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the findings of the review conducted under this subsection, together with any recommendations for modifying existing law to remove any impediments identified under such review. (e) Emergency Response.—Section 5(a)(1) of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by inserting before the first semicolon the following: “, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor”. (f) Levee Owners Manual.—Section 5 of such Act of August 18, 1941 (33 U.S.C. 701n), is amended by adding at the end the following: “(c) Levee Owners Manual.—“(1) In general.—Not later than 1 year after the date of the enactment of this subsection, in accordance with chapter 5 of title 5, United States Code, the Secretary of the Army110 STAT. 3676 shall prepare a manual describing the maintenance and upkeep responsibilities that the Corps of Engineers requires of a non-Federal interest in order for the non-Federal interest to receive Federal assistance under this section. The Secretary shall provide a copy of the manual at no cost to each non-Federal interest that is eligible to receive Federal assistance under this section. “(2) Authorization of appropriations.—There is authorized to be appropriated $1,000,000 to carry out this subsection. “(3) Definitions.—In this subsection, the following definitions apply: “(A) Maintenance and upkeep.—The term ‘maintenance and upkeep’ means all maintenance and general upkeep of a levee performed on a regular and consistent basis that is not repair and rehabilitation. “(B) Repair and rehabilitation.—The term ‘repair and rehabilitation’— “(i) means the repair or rebuilding of a levee or other flood control structure, after the structure has been damaged by a flood, to the level of protection provided by the structure before the flood; but “(ii) does not include— “(I) any improvement to the structure; or “(II) repair or rebuilding described in clause (i) if, in the normal course of usage, the structure becomes structurally unsound and is no longer fit to provide the level of protection for which the structure was designed.”. (g) Vegetation Management Guidelines.—(1) Review.—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) Cooperation and consultation.—The review under this section shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments and the public. (3) Revision of guidelines.—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, the policy guidelines so as to provide a coherent and coordinated policy for vegetation management for levees. Such revised guidelines shall address regional variations in levee management and resource needs and shall be incorporated in the manual proposed under section 5(c) of such Act of August 18, 1941 (33 U.S.C. 701n). (h) Risk-Based Analysis Methodology.—(1) In general.—The Secretary shall enter into an agreement with the National Academy of Sciences to conduct a study of the Corps of Engineers’ use of risk-based analysis for the evaluation of hydrology, hydraulics, and economics in flood damage reduction studies. The study shall include— 110 STAT. 3677 (A) an evaluation of the impact of risk-based analysis on project formulation, project economic justification, and minimum engineering and safety standards; and (B) a review of studies conducted using risk-based analysis to determine— (i) the scientific validity of applying risk-based analysis in these studies; and (ii) the impact of using risk-based analysis as it relates to current policy and procedures of the Corps of Engineers. (2) Report.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under paragraph (1), as well as such recommendations as the Secretary considers appropriate. (3) Limitation on use of methodology.—During the period beginning on the date of the enactment of this Act and ending 18 months after that date, if requested by a non-Federal interest, the Secretary shall refrain from using any risk-based technique required under the studies described in paragraph (1) for the evaluation and design of a project. (4) Authorization of appropriations.—There is authorized to be appropriated $250,000 to carry out this subsection.