Pub. L. 117-263, div. H, tit. LXXXI, subtit. A, sec. 8102 (as amended)
EMERGENCY RESPONSE TO NATURAL DISASTERS.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.—Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)) is amended by striking “in the repair and restoration of any federally authorized hurricane or shore protective structure” and all that follows through “non-Federal sponsor.” and inserting “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 136 STAT. 3696
erosion, or implement nonstructural alternatives to the repair or restoration of the structure.”.
(b) [33 U.S.C. 701n note] Great Lakes Advance Measures Assistance.—
(1) In general.—The Secretary 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) Federal share.—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) Great lakes state defined.—In this subsection, the term “Great Lakes State” means the State of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin.
- Cross-references to the US Code
- 33 U.S.C. 701n note