Page:United States Statutes at Large Volume 110 Part 5.djvu/602

 110 STAT. 3676 PUBLIC LAW 104-303—OCT. 12, 1996 33 USC 70In note. 33 USC 701b note. contracts. 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—

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