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H.R. 9497IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 104 · H.R. 9497

Levee owners board

Title I — General Provisions

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No wording changed between Introduced and Committee version.

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Introduced · Sec. 104

(a) Establishment There is established a Levee Owners Board. (b) Membership (1) In general The Owners Board shall be composed of eleven members, each of which is a Federal levee system owner-operator, appointed by the Secretary so as to represent various regions of the country, including at least one member from each of the eight divisions of the Corps of Engineers. (2) Terms (A) In general A member of the Owners Board shall be appointed for a period of 3 years. (B) Reappointment A member of the Owners Board may be reappointed to the Owners Board, as the Secretary determines to be appropriate. (C) Vacancies A vacancy on the Owners Board shall be filled in the same manner as the original appointment was made. (3) Chairperson The members of the Owners Board shall appoint a chairperson from among the members of the Owners Board. (4) Observers The Secretary shall designate, and the Administrator may designate, a representative to act as an observer of the Owners Board. (c) Duties (1) In general The Owners Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding levee system reliability throughout the United States. (2) Advice and recommendations The Owners Board shall provide— (A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding overall levee system reliability; (B) advice and recommendations to Congress regarding any feasibility report for a flood risk management project that has been submitted to Congress; (C) not later than 60 days after the date of the submission of the budget proposal of the President to Congress for a given fiscal year, advice and recommendations to Congress regarding flood risk management project construction and rehabilitation priorities and corresponding spending levels; (D) advice and recommendations to the Secretary and Congress regarding the effectiveness of the levee safety program of the Corps of Engineers, including comments and recommendations on relevant information contained in the reports of Corps of Engineers activities and expenditures provided by the Secretary under subsection (d)(2); and (E) advice and recommendations to the Secretary, Congress, and the Administrator regarding the effectiveness of the levee safety initiative, including comments and recommendations on relevant information contained in the reports of Corps of Engineers activities and expenditures provided by the Secretary under subsection (d)(2). (3) Independent judgment The Owners Board shall ensure that any advice or recommendations made under paragraph (2) reflect the independent judgment of the Owners Board. (d) Duties of the Secretary The Secretary shall— (1) designate an Executive Secretary who shall assist the chairperson in administering the Owners Board and ensuring that the Owners Board operates in accordance with chapter 10 of title 5, United States Code; (2) provide to the Owners Board detailed reports of Corps of Engineers activities and expenditures related to flood risk management and levees, including for the levee safety program of the Corps of Engineers and the levee safety initiative, not less frequently than semiannually; and (3) submit to the Owners Board a copy of any completed feasibility report for a flood risk management project submitted to Congress. (e) Administration (1) In general The Owners Board shall be subject to chapter 10 of title 5, other than section 1013, and with the consent of the appropriate agency head, the Owners Board may use the facilities and services of any Federal agency. (2) Members not considered special government employees For the purposes of complying with chapter 10 of title 5, United States Code, the members of the Owners Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). (3) Travel expenses Non-Federal members of the Owners Board, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (f) Definitions In this section: (1) Levee safety initiative The term levee safety initiative means the levee safety initiative established under section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a). (2) National Levee Safety Act of 2007 terms The terms Administrator, levee, levee system, and rehabilitation have the meanings given those terms in section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301). (3) Owners Board The term Owners Board means the Levee Owners Board established by this section.

•HR 9497 IHSEC. 104
Committee version · Sec. 104

(a) Establishment There is established a Levee Owners Board. (b) Membership (1) In general The Owners Board shall be composed of eleven members, each of which is a Federal levee system owner-operator, appointed by the Secretary so as to represent various regions of the country, including at least one member from each of the eight divisions of the Corps of Engineers. (2) Terms (A) In general A member of the Owners Board shall be appointed for a period of 3 years. (B) Reappointment A member of the Owners Board may be reappointed to the Owners Board, as the Secretary determines to be appropriate. (C) Vacancies A vacancy on the Owners Board shall be filled in the same manner as the original appointment was made. (3) Chairperson The members of the Owners Board shall appoint a chairperson from among the members of the Owners Board. (4) Observers The Secretary shall designate, and the Administrator may designate, a representative to act as an observer of the Owners Board. (c) Duties (1) In general The Owners Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding levee system reliability throughout the United States. (2) Advice and recommendations The Owners Board shall provide— (A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding overall levee system reliability; (B) advice and recommendations to Congress regarding any feasibility report for a flood risk management project that has been submitted to Congress; (C) not later than 60 days after the date of the submission of the budget proposal of the President to Congress for a given fiscal year, advice and recommendations to Congress regarding flood risk management project construction and rehabilitation priorities and corresponding spending levels; (D) advice and recommendations to the Secretary and Congress regarding the effectiveness of the levee safety program of the Corps of Engineers, including comments and recommendations on relevant information contained in the reports of Corps of Engineers activities and expenditures provided by the Secretary under subsection (d)(2); and (E) advice and recommendations to the Secretary, Congress, and the Administrator regarding the effectiveness of the levee safety initiative, including comments and recommendations on relevant information contained in the reports of Corps of Engineers activities and expenditures provided by the Secretary under subsection (d)(2). (3) Independent judgment The Owners Board shall ensure that any advice or recommendations made under paragraph (2) reflect the independent judgment of the Owners Board. (d) Duties of the Secretary The Secretary shall— (1) designate an Executive Secretary who shall assist the chairperson in administering the Owners Board and ensuring that the Owners Board operates in accordance with chapter 10 of title 5, United States Code; (2) provide to the Owners Board detailed reports of Corps of Engineers activities and expenditures related to flood risk management and levees, including for the levee safety program of the Corps of Engineers and the levee safety initiative, not less frequently than semiannually; and (3) submit to the Owners Board a copy of any completed feasibility report for a flood risk management project submitted to Congress. (e) Administration (1) In general The Owners Board shall be subject to chapter 10 of title 5, other than section 1013, and with the consent of the appropriate agency head, the Owners Board may use the facilities and services of any Federal agency. (2) Members not considered special government employees For the purposes of complying with chapter 10 of title 5, United States Code, the members of the Owners Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). (3) Travel expenses Non-Federal members of the Owners Board, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (f) Definitions In this section: (1) Levee safety initiative The term levee safety initiative means the levee safety initiative established under section 9005 of the Water Resources Development Act of 2007 (33 U.S.C. 3303a). (2) National Levee Safety Act of 2007 terms The terms Administrator, levee, levee system, and rehabilitation have the meanings given those terms in section 9002 of the Water Resources Development Act of 2007 (33 U.S.C. 3301). (3) Owners Board The term Owners Board means the Levee Owners Board established by this section.

•HR 9497 RHSEC. 104

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