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 that: (1) construction of the proposed levee would more effectively mitigate against flooding risk than an open floodplain; (2) the proposed levee complies with federal, state, and local requirements, including the consideration of mitigation of adverse impacts and floodplain management requirements; and (3) the state, local, or tribal government seeking to construct the levee has provided an adequate maintenance plan that meets specified requirements.
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.
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