Levee Safety Program Levee Safety Program Implementation Guidance

Levee Safety Program § Levee Safety Program Implementation Guidance provided by HQUSACE in 2007 (Post Hurricane Katrina) ► ► Designate Levee Safety Officer (LSO) – John Bertino, Jr. , PE Designate Levee Safety Program Manager (LSPM) – Bryan Flere, PE Implement Levee Inspection Tool and Levee Inspection Checklist Create District National Levee Database (NLD) • http: //nld. usace. army. mil/ § Subsequent Levee Safety Guidance ► ► Vertical Datum (2006) Section 408 Alterations (2008, 33 USC 408 replaces 33 CFR 208. 10) • Further guidance in July 2014 (EC 1165 -2 -216) ► ► Levee Screening Assessments (2009) System Wide Improvement Framework (2011) § As new guidance is issued by HQ USACE, levee sponsors will be notified how this new guidance will impact them 1 BUILDING STRONG®

Levee Inspections § Projects in the Public Law (PL) 84 -99 Rehabilitation Program (RP) get an Continuing Eligibility Inspection (CEI). ► Routine Inspection – every year • • • ► Inspections are completed by Operations Project Office Personnel and Levee Safety Engineer (LSE) Reports are completed and reviewed by the Omaha District and then sent to sponsor National Levee Database (NLD) stores the data. Periodic Inspection – every 5 years, as funding allows - more comprehensive and rigorous than annual inspections. • A team of engineers will perform the inspection. w Geotechnical w Structural w Hydraulic w Civil w Mechanical 2 BUILDING STRONG®

Levee Inspections - Purpose § The primary purposes of the CEIs are to prevent loss of life and catastrophic damages; preserve the value of the Federal investment; and to encourage non -Federal sponsors to bear responsibility for their own protection. § This program assures sponsor compliance with existing agreements, that the structures and facilities constructed by the United States for flood protection will be continuously maintained. ► § I. E. – Culvert/Discharge Pipes: Video Inspected every 5 years, Relief Wells: Pump Tested every 5 years Based on current policy, the CEIs are utilized to determine eligibility for PL 8499 Rehabilitation Assistance. 3 BUILDING STRONG®

PL 84 -99 Rehabilitation Assistance § Rehabilitation Assistance is limited to Federal and Non-Federal FCWs that are in ACTIVE status (based on the Interim Policy) in the Rehabilitation Program at the time of the flood event and which are damaged by floods. § Federally constructed or enhanced & locally maintained systems (in PL 84 -99 program): Repaired at 100% federal cost § Non-federally constructed & locally maintained systems (in PL 84 -99 program): Repaired at 80 percent federal/20 percent local cost share. § Federally constructed or enhanced/locally maintained systems AND nonfederally constructed or enhanced/locally maintained systems (NOT in PL 84 -99 program): Are not eligible for rehabilitation funds under PL 84 -99. *****Repairs can only be made to pre-event conditions. No improvements or enhancements with federal funding are authorized. ***** 4 BUILDING STRONG®

PL 84 -99 Rehabilitation Assistance § Sponsor Responsibilities: ► Provide without cost to the United States all lands, easements, right of way, relocation, borrow, and excavated disposal areas necessary for the authorized work, ► Hold and save the United States free from all damages arising from the construction, operation, maintenance, repair, replacement, and rehabilitation of work, except for damages due to the fault or negligence of the United States or its contractors, ► Operate, maintain, repair, replace, and rehabilitate the work after its completion. 5 BUILDING STRONG®

PL 84 -99 Rehabilitation Assistance § Based on the October 2010 Periodic Inspection, the Pierce, NE FRRP system was determined to be “Inactive” in the PL 84 -99 Rehabilitation Program § INACTIVE levee systems can become ACTIVE by doing the following: § Repair deficiencies and ask for a reevaluation or § Go through the System Wide Improvement Framework (SWIF) process 6 BUILDING STRONG®

§ System Wide Improvement Framework Policy for Development and Implementation of System. Wide Improvement, dated 29 Nov 2011. § Intended for projects that are “Inactive” in the Rehabilitation Program and ineligible for rehab assistance. § Now, with the System Wide Improvement Framework (SWIF), there is a process for which projects can stay temporarily active in the Rehabilitation Program, while the sponsor plans and works to correct the deficiencies. § A SWIF provides committed sponsors the opportunity to restore their levees, over time, back to USACE standards. 7 BUILDING STRONG®

SWIF - Process § Sponsor submits a Letter of Intent (LOI). It is reviewed and endorsed/approved at District, Division and Headquarters (HQ) level. § SWIF plan is developed by the levee sponsor(s) within 2 years of LOI approval. § The SWIF Plan is reviewed and approved thru HQ. § The SWIF Plan must identify funding sources and reasonable milestones to stay active in the Rehabilitation Program. § Inspections will continue during the SWIF process. § Continued eligibility throughout the process relies on the sponsor’s progress. § Stakeholders will be notified of participation and any status changes. 8 BUILDING STRONG®

SWIF - Process § Roles in the Process ► Sponsor/Community – Responsible party in the process ► Silver Jackets – Technical guidance & Information clearing house ► USACE • PL 84 -99 Program – Technical Data & Programmatic Guidance • Planning Authorities w FPMS w Section 22 w Section 205 w Section 1135 w Silver Jackets Projects 9 BUILDING STRONG®

MONTANA SPECIFIC INFORMATION ► ► ► 13 PL 84 -99 Projects in MT (includes 3 dams and 1 NF) 9 Active – 4 Inactive 2 in the SWIF Process BUILDING STRONG®