text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``FEMA Common Sense and Cost 
  Effectiveness Act of 2011''.
  
  SEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES.
  
      (a) Stafford Act.--
              (1) Predisaster mitigation program.--Section 203(e) of the 
          Robert T. Stafford Disaster Relief and Emergency Assistance Act 
          (42 U.S.C. 5133(e)) is amended by adding at the end the 
          following:
              ``(3) Construction of levees on acquired lands.--Subject to 
          paragraph (4), and notwithstanding any requirement that 
          property acquired or accepted under this section be dedicated 
          and maintained in perpetuity as open space for the conservation 
          of natural flood plain functions, if financial assistance 
          provided under this section is used to acquire or accept 
          property for open space purposes, the President may permit the 
          construction or maintenance on the property of--
                      ``(A) a levee that is federally owned and operated;
                      ``(B) a permanent levee that is federally 
                  constructed and non-federally operated and maintained;
                      ``(C) a levee--
                              ``(i) that is federally constructed as a 
                          nonpermanent levee;
                              ``(ii) that a non-Federal entity desires to 
                          operate and maintain as a permanent levee; and
                              ``(iii) the owners of which--
                                      ``(I) are participating in the 
                                  emergency response to natural disasters 
                                  program established under section 5 of 
                                  the Act entitled `An Act authorizing 
                                  the construction of certain public 
                                  works on rivers and harbors for flood 
                                  control, and for other purposes', 
                                  approved August 18, 1941 (33 U.S.C. 
                                  701n); or
                                      ``(II) begin participating in the 
                                  program described in subclause (I) 
                                  within a reasonable period of time, as 
                                  determined by the President, after the 
                                  date on which the levee is constructed; 
                                  and
                      ``(D) a non-Federal levee the owners of which are 
                  participating in the program described in subparagraph 
                  (C)(iii)(I).
              ``(4) Downstream communities.--The President may deny an 
          application to construct or maintain a levee described in 
          paragraph (3) if the levee poses a significant threat of harm 
          to downstream communities.''.
              (2) Hazard mitigation grant program.--Section 404(b) of the 
          Robert T. Stafford Disaster Relief and Emergency Assistance Act 
          (42 U.S.C. 5170c(b)) is amended--
                      (A) in paragraph (2)(B)--
                              (i) in clause (i), by inserting ``except 
                          for the construction or maintenance of a 
                          structure described in clause (ii) (including a 
                          levee),'' before ``any property''; and
                              (ii) in clause (ii)--
                                      (I) in subclause (II), by striking 
                                  ``or'' at the end;
                                      (II) by redesignating subclause 
                                  (III) as subclause (IV); and
                              (iii) by inserting after subclause (II) the 
                          following:
                                      ``(III) subject to paragraph (5), a 
                                  levee described in paragraph (4); or''; 
                                  and
                      (B) by adding at the end the following:
              ``(4) Levees.--A levee described in this paragraph is--
                      ``(A) a levee that is federally owned and operated;
                      ``(B) a permanent levee that is federally 
                  constructed and non-federally operated and maintained;
                      ``(C) a levee--
                              ``(i) that is federally constructed as a 
                          nonpermanent levee;
                              ``(ii) that a non-Federal entity desires to 
                          operate and maintain as a permanent levee; and
                              ``(iii) the owners of which--
                                      ``(I) are participating in the 
                                  emergency response to natural disasters 
                                  program established under section 5 of 
                                  the Act entitled `An Act authorizing 
                                  the construction of certain public 
                                  works on rivers and harbors for flood 
                                  control, and for other purposes', 
                                  approved August 18, 1941 (33 U.S.C. 
                                  701n); or
                                      ``(II) begin participating in the 
                                  program described in subclause (I) 
                                  within a reasonable period of time, as 
                                  determined by the President, after the 
                                  date on which the levee is constructed; 
                                  and
                      ``(D) a non-Federal levee the owners of which are 
                  participating in the program described in subparagraph 
                  (C)(iii)(I).
              ``(5) Downstream communities.--The President may deny an 
          application to construct or maintain a levee described in 
          paragraph (4) if the levee poses a significant threat of harm 
          to downstream communities.''.
      (b) Construction of Levees Under Hazard Mitigation Programs 
  Relating to Floods.--
              (1) Flood mitigation assistance.--Section 1366 of the 
          National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is 
          amended by adding at the end the following:
      ``(n) Construction of Levees on Acquired Lands.--
              ``(1) In general.--Subject to paragraph (2), and 
          notwithstanding any requirement that property acquired or 
          accepted under this section be dedicated and maintained in 
          perpetuity as open space for the conservation of natural flood 
          plain functions, if the mitigation activities funded under 
          subsection (a) include the acquisition or acceptance of 
          property for open space purposes, the Administrator may permit 
          the construction or maintenance on the property of--
                      ``(A) a levee that is federally owned and operated;
                      ``(B) a permanent levee that is federally 
                  constructed and non-federally operated and maintained;
                      ``(C) a levee--
                              ``(i) that is federally constructed as a 
                          nonpermanent levee;
                              ``(ii) that a non-Federal entity desires to 
                          operate and maintain as a permanent levee; and
                              ``(iii) the owners of which--
                                      ``(I) are participating in the 
                                  emergency response to natural disasters 
                                  program established under section 5 of 
                                  the Act entitled `An Act authorizing 
                                  the construction of certain public 
                                  works on rivers and harbors for flood 
                                  control, and for other purposes', 
                                  approved August 18, 1941 (33 U.S.C. 
                                  701n); or
                                      ``(II) begin participating in the 
                                  program described in subclause (I) 
                                  within a reasonable period of time, as 
                                  determined by the Administrator, after 
                                  the date on which the levee is 
                                  constructed; and
                      ``(D) a non-Federal levee the owners of which are 
                  participating in the program described in subparagraph 
                  (C)(iii)(I).
              ``(2) Downstream communities.--The Administrator may deny 
          an application to construct or maintain a levee described in 
          paragraph (1) if the levee poses a significant threat of harm 
          to downstream communities.''.
              (2) Grants for repetitive insurance claim properties.--
          Section 1323 of the National Flood Insurance Act of 1968 (42 
          U.S.C. 4030) is amended by adding at the end the following:
      ``(c) Construction of Levees on Acquired Lands.--
              ``(1) In general.--Subject to paragraph (2), and 
          notwithstanding any requirement that property acquired or 
          accepted under this section be dedicated and maintained in 
          perpetuity as open space for the conservation of natural flood 
          plain functions, if the mitigation activities funded under 
          subsection (a) include the acquisition or acceptance of 
          property for open space purposes, the Administrator may permit 
          the construction or maintenance on the property of--
                      ``(A) a levee that is federally owned and operated;
                      ``(B) a permanent levee that is federally 
                  constructed and non-federally operated and maintained;
                      ``(C) a levee--
                              ``(i) that is federally constructed as a 
                          nonpermanent levee;
                              ``(ii) that a non-Federal entity desires to 
                          operate and maintain as a permanent levee; and
                              ``(iii) the owners of which--
                                      ``(I) are participating in the 
                                  emergency response to natural disasters 
                                  program established under section 5 of 
                                  the Act entitled `An Act authorizing 
                                  the construction of certain public 
                                  works on rivers and harbors for flood 
                                  control, and for other purposes', 
                                  approved August 18, 1941 (33 U.S.C. 
                                  701n); or
                                      ``(II) begin participating in the 
                                  program described in subclause (I) 
                                  within a reasonable period of time, as 
                                  determined by the Administrator, after 
                                  the date on which the levee is 
                                  constructed; and
                      ``(D) a non-Federal levee the owners of which are 
                  participating in the program described in subparagraph 
                  (C)(iii)(I).
              ``(2) Downstream communities.--The Administrator may deny 
          an application to construct or maintain a levee described in 
          paragraph (1) if the levee poses a significant threat of harm 
          to downstream communities.''.
              (3) Severe repetitive loss program.--Section 1361A(g) of 
          the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g)) 
          is amended--
                      (A) in paragraph (1), by striking the period at the 
                  end and inserting the following: ``, including that, 
                  subject to paragraph (5), and notwithstanding any 
                  requirement that property acquired or accepted under 
                  this section be dedicated and maintained in perpetuity 
                  as open space for the conservation of natural flood 
                  plain functions, the Administrator may permit the 
                  construction or maintenance on such property of--
                      ``(A) a levee that is federally owned and operated;
                      ``(B) a permanent levee that is federally 
                  constructed and non-federally operated and maintained;
                      ``(C) a levee--
                              ``(i) that is federally constructed as a 
                          nonpermanent levee;
                              ``(ii) that a non-Federal entity desires to 
                          operate and maintain as a permanent levee; and
                              ``(iii) the owners of which--
                                      ``(I) are participating in the 
                                  emergency response to natural disasters 
                                  program established under section 5 of 
                                  the Act entitled `An Act authorizing 
                                  the construction of certain public 
                                  works on rivers and harbors for flood 
                                  control, and for other purposes', 
                                  approved August 18, 1941 (33 U.S.C. 
                                  701n); or
                                      ``(II) begin participating in the 
                                  program described in subclause (I) 
                                  within a reasonable period of time, as 
                                  determined by the Administrator, after 
                                  the date on which the levee is 
                                  constructed; and
                      ``(D) a non-Federal levee the owners of which are 
                  participating in the program described in subparagraph 
                  (C)(iii)(I).''; and
                      (B) by adding at the end the following:
              ``(5) Downstream communities.--The Administrator may deny 
          an application to construct or maintain a levee described in 
          paragraph (1) if the levee poses a significant threat of harm 
          to downstream communities.''.
      (c) Applicability of Amendments.--The amendments made by this 
  section shall apply to all property acquired or accepted pursuant to 
  section 203 or 404 of the Robert T. Stafford Disaster Relief and 
  Emergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323, 
  1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 
  4030, 4104c, and 4102a) before, on, or after the date of enactment of 
  this Act.
target: FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated; (2) a permanent levee that is federally constructed and nonfederally operated and maintained; (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program; and (4) a nonfederal levee the owners of which are participating in the program.
  
  Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities.
feat_title: A bill to authorize the construction and maintenance of levees on property acquired under hazard mitigation grant programs of the Federal Emergency Management Agency.