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PURPOSE

BACKGROUND

CHAIRMAN'S OPENING STATEMENT

WITNESSES

The Water Resources & Environment Subcommittee is scheduled to meet on Thursday, April 6, 2006, at 10:00 AM, in Room 2167 of the Rayburn House Office Building, to receive testimony on H.R. 4650, the “National Levee Safety Program Act.” Witnesses will include a representative from the United States Army Corps of Engineers, a representative from the American Society of Civil Engineers, a representative from National Association of Flood and Stormwater Management Agencies, and a representative from the Association of State Floodplain Managers, Incorporated.

The 2005 hurricane season illustrated the importance of flood protection infrastructure and in particular the importance of levees. When they fail or are overwhelmed by a massive flood event the consequences can be catastrophic. While much of the attention has been focused on the Gulf Coast, particularly on the hundreds of miles of levees protecting New Orleans, it is important to recognize that many other cities around the country face the same, if not greater risk, of flooding.

A levee is an embankment that runs parallel along a body of water and is designed to provide hurricane or flood protection to adjacent lands from seasonal high water or storm surge. Unlike a dam, a levee is typically designed to provide protection against water loading for only a few days or weeks during the year. Broad at its base and narrowed as its height increases, levees are constructed by piling earth or other deposits on a cleared and level surface. Levee sections are often placed away from the water’s banks to allow more room for the waterbody to spill its banks without impacting the adjacent lands and property.

The Army Corps of Engineers has constructed nearly 9,000 miles of the nation’s estimated 15,000 miles of levees. On the federal level, new levee construction requires complex engineering and its capacity is based on a level of protection that is justified by an analysis of the risks, costs, and benefits of constructing the project. There are strict engineering standards required when a federal levee is designed and built.

There are undoubtedly thousands of miles of other levees built by other federal agencies, states, towns, farmers, and landowners. Some of these are well-built and well-maintained levees. Others are not. What we know about the existence and condition of these other levees we often learn when one fails or is overwhelmed by a flood event.

Levees must be maintained. Planting grass on a levee helps to prevent erosion, however trees and shrubs have root systems that can form a conduit for water and weaken the structure. Except for the mainline levees of the lower Mississippi River, maintenance of the levees constructed by the Corps of Engineers is a non-federal responsibility. Little is known about the current condition of both federal and non-federal levees, including whether these levees were designed to meet current conditions, or whether they have been properly maintained by the non-federal interest.

Though rare, failure of flood damage reduction infrastructure does occur, and has become more frequent in recent years. Unlike dams, levees are not designed to be overtopped by floodwaters for an extended period of time, nor are they designed to abut a waterbody for longer than a storm event or seasonal water level as this can cause erosion of the soils in, under, and around the levee. In addition, some levees fail due to inadequate maintenance, poor design, or poor construction methods. In some cases, levees are subject to the variable subsidence of a region resulting in the levees being lower than when built.

Levees are typically built in a certain location and to a specified height to provide a certain level of protection. The level of protection provided by a levee may change with time due to natural or man-made changes. Natural changes may include land subsidence, sedimentation and vegetative growth in the floodway. Land use changes in an area such as upstream development can induce hydrologic changes including faster runoff that will reduce the level of protection provided by a levee.

Levees provide flood damage reduction benefits as well as economic development opportunities. However, structurally deficient or antiquated levees present a risk to public safety and economic infrastructure. While Federal authorities like Section 10 of the Rivers and Harbors Act of 1899, the Clean Water Act, and the National Flood Insurance Program may influence control over federal and non-federal levees, there is no minimum standard to regulate the design, placement, construction, or maintenance of nonfederal levees built by private individuals or public entities.

The consequences of levees failing or being overwhelmed can be catastrophic. The loss in New Orleans is but one tragic example. As a result of the imminent threat of catastrophic levee failure, in February 2006 the State California declared a state of emergency after twenty-four critically eroded levee sites were identified by the Corps of Engineers that may trigger a catastrophic flood in the greater Sacramento region of Northern California.

People and property behind a levee are always subject to some level of risk although, often those living and working behind levees are unaware of the risk. That risk may have to do with the height or the condition of the levee or the risk that a flood event will occur that is greater than the design of the levee.

For urban areas, the federal government typically designs levees and flood damage reduction projects around a 1% annual probability of such an event, more commonly referred to as a “100-year flood”, as the minimum standard for identifying, mapping, and managing flood hazards. Often in urban areas, a greater level of protection is warranted and larger levees are constructed. Levees that protect agricultural lands typically are designed to protect against smaller floods that are more likely to occur in a given year, such as a flood with an annual probability of 20%, more commonly referred to as a “5-year flood.”

The Federal Emergency Management Agency (FEMA) operates the National Flood Insurance Program as a way to manage flood risk without having to rely on federal disaster assistance. In the United States there is only a small private insurance market for flood insurance. Participating communities are expected to adopt building codes and other types of activities that will reduce losses posed by a 100-year flood. However, structures build behind the protection of 100-year levees are not designated as being within the floodplain, and therefore occupants within these areas are not required to participate in the National Flood Insurance Program. FEMA does require levees protecting flood-prone areas to be certified for structural soundness, proper maintenance, and provide protection against a 100-year flood. The Army Corps of Engineers performs a majority of these certifications, however, this process is currently not designed to assess the geotechnical conditions of the levees or the hydrological conditions of the areas to be protected. While levee structures may be sound, the underlying geology or hydrology may impact the structure. Performing this type of assessment will represent a significant cost for the Army Corps of Engineers, communities, and levee districts. The Corps estimates that to perform these types of assessments for the 1,600 miles of levees in California’s Central Valley will cost $100 million, or $60,000 per mile of levee. For Fiscal Year 2006, the Corps has $30 million to begin an inventory and conduct some assessments of federally-constructed levees nationwide. The Administration has requested $20 million to continue this inventory and assessment process in Fiscal Year 2007.

While some States have programs to regulate levees constructed by non-federal entities, the majority of States do not have such programs. Those States that have programs are in response to the National Flood Insurance Program or regulatory programs that require localities to control land use or implement other floodplain management measures. Under the National Flood Insurance Program, the Federal Emergency Management Agency can exempt communities from certain requirements of the program if the communities can show that the levees protecting them are designed, constructed, located, and maintained according to certain criteria. The accuracy of maps used by the Federal Emergency Management Agency (FEMA) to define flood hazard areas are currently under review, as more than 75% of them are more than 10 years old, raising concerns that hydrologic data has changed since the maps were last reviewed. A 2004 analysis by the Army Corps of Engineers found some locations along the Missouri River where the 100-year flood elevation is 4 feet higher than what was shown on previous flood maps. As FEMA updates its maps through its Map Modernization Initiative, some communities that were once thought to be protected from the 100-year flood event may find themselves with less protection and subjected to different flood insurance requirements.

There has never been an inventory of the levees in the country. In a comprehensive sense, we do not know where they are, what condition they are in, or what resources are at risk if one should fail or be overtopped.

The process of creating a levee inventory, inspecting levees, and doing geotechnical assessments of levees is lengthy and expensive. Once levees are found, an inspection must take place to determine ownership of the structure, age of structure, and the type of property the structure is protecting. In some cases, levees designed to protect farmland may now be protecting homes or businesses. Lastly, assessments of the geotechnical condition of the levees must take place. This will be a more detailed review of the design of the structure, a review of the foundation upon which the levee rests, and a review of the hydraulic and hydrologic changes to the area.

Recognizing that we do not know much about the thousands of miles of levees that protect our cities and farmland and attempting to create incentives for sound design, construction, and maintenance of both federal and non-federal levees, Chairman John J. Duncan and Ranking Member Eddie Bernice Johnson of the Subcommittee on Water Resources and Environment of the Committee on Transportation and Infrastructure introduced H.R. 4650, “The Levee Safety Program Act of 2005”.

H.R. 4650, “The Levee Safety Program Act of 2005” authorizes the Army Corps of Engineers to inspect levees that were constructed by the Corps, levees that are maintained by the Corps, and any levee identified by the Governor of a State. The bill authorizes the Army Corps of Engineers to maintain and publish an inventory of levees in the United States, and issue guidelines relating to levee safety.

The legislation establishes an interagency Committee on Levee Safety to support the establishment of effective Federal programs and guidelines to enhance levee safety. H.R. 4650 also establishes a National Levee Safety Review Board to monitor levee safety, to monitor implementation of the Act by State levee safety agencies, and advise the Army Corps of Engineers on national levee safety policy.

H.R. 4650 creates a National Levee Safety Program to encourage that new and existing levees are safe, to encourage acceptable engineering policies and procedures, to establish and implement State levee safety programs and standards, to support public education about levees, to develop technical assistance materials for Federal and State governments, to provide technical assistance to non-Federal entities, and to improve the security of levees. Lastly, the bill authorizes the Army Corps of Engineers to provide financial assistance to States in carrying out levee safety programs.