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Directs the Administrator of the Federal Emergency Management Agency (FEMA) to approve the construction of a permanent flood risk reduction levee by a state, local, or tribal government under specified circumstances on land: (1) acquired and deed restricted under hazard mitigation provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) located in North Dakota in a community that is participating in the National Flood Insurance Program on the date on which a state, local, or tribal government requests construction of such a levee and certifies to the Administrator and the Chief of Engineers that the community will continue to participate in the Program.
Requires such approval if the Administrator and the Chief of Engineers determine, through a process funded entirely by the state, local, or tribal government seeking to construct it, that: (1) construction of the proposed levee would more effectively mitigate against flooding risk than an open floodplain or other flood risk reduction measures; (2) the proposed 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 its construction, operation, and maintenance 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; and (3) such government has provided an adequate maintenance plan that documents the procedures it will use to ensure that the stability, height, and overall integrity of the proposed levee and its structure and systems are maintained.
Requires: (1) a state, local, or tribal government that constructs such a levee to submit to the Administrator and the Chief of Engineers an annual certification indicating whether such government is in compliance with the maintenance plan; and (2) the Chief to review such certification and determine whether such government has complied with that plan.
Written by the nonpartisan Congressional Research Service, describing S. 2039 as passed Senate amended on Jan 26, 2012. It is not the text of the measure; a later amendment may have changed what it does.
House Jul 23, 2012
To allow a State or local government to construct levees on certain properties otherwise designated as open space lands
Failed · Two-thirds required
126 Yea 254 Nay 51 not voting
Crossed both parties 112 of 380 voting members broke with their own party: 9 Democrats, 103 Republicans.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
431 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor S. 2039 and vote against it. 1 signed when it was filed.
Organizations that named S. 2039 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
8 disclosures name this measure. Retrieved from LDA.gov on 2026-10-05. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.