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The clerk will report the bill by title.

The legislative clerk read as follows:

A bill (S. 2039) to allow a State or local government to construct levees on certain properties otherwise designated as open space and lands.

There being no objection, the Senate proceeded to consider the bill.

Without objection, it is so ordered.

The amendment (No. 1469) was agreed to, as follows:

Strike all after the enacting clause and insert the following:

(a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; and (2) the term ``covered hazard mitigation land'' means land-- (A) acquired and deed restricted under section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)) before, on, or after the date of enactment of this Act; and (B) that is located-- (i) in North Dakota; and (ii) in a community that-- (I) is participating in the National Flood Insurance Program on the date on which a State, local, or tribal government submits an application requesting to construct a permanent flood risk reduction levee under subsection (b); and (II) certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the National Flood Insurance Program. (b) Authority.--Notwithstanding clause (i) or (ii) of section 404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)(2)(B)), the Administrator shall approve the construction of a permanent flood risk reduction levee by a State, local, or tribal government on covered hazard mitigation land if the Administrator and the Chief of Engineers determine, through a process established by the Administrator and Chief of Engineers and funded entirely by the State, local, or tribal government seeking to construct the proposed levee, that-- (1) construction of the proposed permanent flood risk reduction levee would more effectively mitigate against flooding risk than an open floodplain or other flood risk reduction measures; (2) the proposed permanent flood risk reduction levee complies with Federal, State, and local requirements, including mitigation of adverse impacts and implementation of floodplain management requirements, which shall include an evaluation of whether the construction, operation, and maintenance of the proposed levee would continue to meet best available industry standards and practices, would be the most cost-effective measure to protect against the assessed flood risk and minimizes future costs to the federal government; (3) the State, local, or tribal government seeking to construct the proposed levee has provided an adequate maintenance plan that documents the procedures the State, local, or tribal government will use to ensure that the stability, height, and overall integrity of the proposed levee and the structure and systems of the proposed levee are maintained, including-- (A) specifying the maintenance activities to be performed; (B) specifying the frequency with which maintenance activities will be performed; (C) specifying the person responsible for performing each maintenance activity (by name or title); (D) detailing the plan for financing the maintenance of the levee; and (E) documenting the ability of the State, local, or tribal government to finance the maintenance of the levee. (c) Maintenance Certification.-- (1) In general.--A State, local, or tribal government that constructs a permanent flood risk reduction levee under subsection (b) shall submit to the Administrator and the Chief of Engineers an annual certification indicating whether the State, local, or tribal government is in compliance with the maintenance plan provided under subsection (b)(3). (2) Review.--The Chief of Engineers shall review a certification submitted under paragraph (1) and determine whether the State, local, or tribal government has complied with the maintenance plan.

The bill (S. 2039), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.