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Sandy Rosenthal

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How Congress Rewarded the Corps of Engineers for Drowning New Orleans

Posted: 08/29/11 10:38 AM ET

Hurricane Katrina exposed more than 50 incidences of design and construction flaws in the Army Corps of Engineers' levee system in and around New Orleans.

When Congress handed the Corps $15 billion and told the agency to build it right this time, perhaps it was believed that the levee failure and flooding was simply an unavoidable act of nature.

But three subsequent investigations and federal Judge Stanwood Duval all found the Corps responsible for improperly constructing and maintaining the levees. Over time, it has become clear that the flooding in the New Orleans region that many refer to as "Katrina" was actually the worst civil engineering disaster in U.S. history.

The flooding on August 29, 2005 directly took the lives of over 1,600 people, temporarily or permanently displaced 150,000 families, and destroyed tens of billions of dollars worth of private property and municipal infrastructure.

The need for reform was clear and just one month after that deadly day, Jim Jeffords, I-VT and the members of the minority on the E.P.W. Committee introduced S. 1836, the Gulf Coast Infrastructure Redevelopment and Recovery Act of 2005.

The original legislation contained meaningful reform measures.

Modeled after the Countrywide Dam Safety Program, the act created levee performance requirements, established a National Levee Data Base (NLD) and an inspection process for all of our nation's levees. It contained a Research Program and a Safety Training Program. It created a Levee Safety Committee to work with states "to ensure that levee systems around the nation provide the protection they should."

And a key provision was the establishment of a quasi-independent `National Levee Safety Review Board' appointed by the Secretary of the Army.

A version of this first bill was passed by the Senate as part of the Water Resources Development Act (WRDA) 2006. Sponsored by John Duncan, R-TN, he and his co-sponsors were very excited about the far reaching implications of the bill.

"I am pleased that the Senate supported changes, like this one, that will go a long way toward renewing the public's trust in the reliability and quality of the work of the Army Corps of Engineers," said Senator Tom Carper, D-DE.

But there were important differences from the reform bill originally envisioned by Jeffords and Co.

In the original legislation, the Review Board had voting members with powers to secure from federal agencies whatever they needed. The secretary also could create stakeholder working groups to assist the Board.

But in this new bill, the Board could not vote, had no powers and there were no provisions for working groups which naturally tapped into those people living behind levees.

And it got much worse.

Less than half the length of the original bill, the final bill passed in WRDA 2007 and sponsored by James Oberstar, D-MN had no Research Program or Safety Training Program.

But most importantly, it had no independent Review Board at all, only a Levee Safety Committee, accountable to the Corps of Engineers.

In the end, Congress handed more responsibility and power over all of our nations' levees, both federal and non-federal to the Army Corps of Engineers, the entity primarily responsible for the drowning of New Orleans.

Giving the Corps more authority over levees after Katrina is like giving BP more authority over deep-sea drilling safety after the 2010 Gulf disaster.

Why should you care? Because the majority of the nation's population lives in counties protected by levees.

It's important to note that this weakening of reform occurred while the residents of greater New Orleans, those most likely to be engaged, were displaced. They were busy dealing with basic needs such as finding housing, earning a living, and if they had children, figuring out where to send them to school.

Meanwhile in 2007, Senators Russ Feingold and John McCain used the New Orleans debacle to defend their calls for reform of the Army Corps of Engineers in two amendments to WRDA. One measure passed in the Senate 54-46 and created an independent panel of scientific and economic experts with the authority to make recommendations on national water projects considered by the Corps. This bill was later weakened significantly. A second measure, intended to create a panel to prioritize projects that protect life and property among competing projects, failed miserably by a vote of 19 to 80. Few senators wanted their pet projects delayed so those projects that save lives could be expedited.

The then-weakened reform measure became so meaningless that a visibly distressed Feingold voted, in principle, against the final bill containing the amendment for which he had previously fought so hard. Congress as a whole appears to dislike independent panels and boards watching over the work of the Army Corps of Engineers, but has been unwilling to provide the proper oversight themselves.

Dr. Robert Bea and Dr. Ray Seed called for reforms in Chapter 13 of their Independent Levee Investigation Team Report on presented May 22, 2006 at the New Orleans Sheraton.

They felt the Corps had too much uncontrolled power and recommended a National Flood Defense Authority to be "instituted and charged with oversight over the construction and maintenance of flood control systems." They also called for a National Disaster Advisory Office in White House and Catastrophic Risk Office in Congress.

In a joint statement this week, Professors Bea and Seed declared that the National Committee on Levee Safety in 2007 passed by the 110th Congress represented "...important, but incomplete, progress with regard to flood safety; leaving much still to be done. Meanwhile, we continue to be a nation at risk."

We cannot just build infrastructure, we also must protect the taxpayers' investments. That is why a truly independent oversight body must be empowered to provide non-biased review of federal infrastructure projects, such as the levees that protect American lives.

On the sixth anniversary of the levee breaches in and around New Orleans, let us hope that Congress will do better to protect Americans whose lives depend on federal levees.

Levees.org was created after Katrina with a mission of education about the greater New Orleans flooding. Their goal is the creation of an independent and bipartisan federal investigation of the 2005 levee system failures.

Co-written by Vince Pasquantonio, Legislative Liaison for Levees.org.

 

Follow Sandy Rosenthal on Twitter: www.twitter.com/LeveesOrg

 
 
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06:59 PM on 09/06/2011
Shows you that even "disaster" is a relative term. What brought misery, heartache,and death to the ordinary people of this area brought a GOLDEN BONANZA to the Perpetrators, or should we say Perpi-TRAITORS of this horror, the Corps, the local politicians including the New Orleans City Hall Gang, and their owners, the "movers and shakers" of this area.They got an abundance of juicy contracts, their stooges, the politicians got graft galore, carefully making sure that their VICTIMS got as little as possible of the "disaster relief", NOMINALLY intended for them. Paid for "protection"?-We paid for our own EXECUTION.
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04:14 PM on 09/03/2011
You cannot expect people to run a government when they don't believe that government works.
maxfax
Taa - dah!
12:16 PM on 09/03/2011
Thus far it appears the flood control system will be minimally tested, if at all. But the point I want to make is that any damage, or future repairs according to one of Louisiana's Congressional delegation of the 1st Dist., has postured that funding will need to be offset by cuts elsewhere. Yes safety and security have now been replaced by ideology.
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Grumpy Man
Disappointed idealist
08:09 AM on 09/02/2011
People wonder why I don't want to pay more taxes.

The answer is easy... I've yet to find a government program that is efficient or effective. The Corps of Mis-Engineer's handling of the nations levee systems is just one more in a looooooooong list of examples highlighting government fraud, waste and abuse with OUR dollars.

In addition to the debacle caused by levee failures during or immediately after Katrina, Louisiana suffers grossly from coastal land loss of critical marshlands that once provided a greater buffer against flooding. Much of the land loss is directly attributable to poor levee design and over-extension of our Mississippi River levee system below New Orleans.
03:59 PM on 08/31/2011
It is sad to once again notice the inefficiency of the Congress to better serve the American people instead than their Corporate friends. Levees.org is a demonstration of the evident necessity to take matter into our own hands in order to build the America we want; the fact that USACE has been given more power and no independent committee has even been established is a clear demonstration of that also - rewarding the pals, even they are the criminals in charge, banana republic.
Thanks Sandy for your stand, keep telling the truth and keeping us inform, knowledge is the start to regain America.
iridium53
Semper Fi
10:59 AM on 08/31/2011
I don't care, except that the rest of the nation is paying for your levees to protect your property.

Why don't you pay taxes locally to pay for your own levees?

Instead of taking socialist handouts from the federal government that takes it from those of us that live elsewhere and cannot possibly benefit from protecting your land?

Since the rest of the country is paying for your protection - that you don't pay for - best to be quiet and accept the money gracefully. Complaining about charity is unwise.
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HUFFPOST BLOGGER
Sandy Rosenthal
Founder of Levees.org
12:43 PM on 08/31/2011
It looks like you stopped reading at the second sentence. This piece about all levees in America. Again, 55% of the nation's population, probably including you, lives and works in counties protected by levees.

And btw, 30% of the cost of the levees that broke to bits on August 29, 2005, built by the Corps were paid for with taxes from the local residents. And even if we wanted to pay 100%, Congress doesn't want it that way. Congress ordered the Corps to build our levees and pay 70% in 1965.

And actually, most of America has a lot to gain by protecting the Port of New Orleans. You wouldn't have all your 'stuff' without the port which is the second largest in America.
maxfax
Taa - dah!
08:37 PM on 09/01/2011
How can you stand it?
maxfax
Taa - dah!
08:37 PM on 09/01/2011
Handouts? What are you talking about? Just a suggestion, read up on the ACOE and how they are responsible for levees and our waterways all over America.
iridium53
Semper Fi
09:37 PM on 09/01/2011
Handouts.

http://www.nola.com/news/index.ssf/2008/07/jindal_presses_bush_over_levee.html

We pay for your levees.

You benefit.

We pay. You benefit.

That's a handout. AKA an Entitlement.

Louisiana is, somehow, entitled to federal money from other states for something they benefit from...Port facility fees, towing, etc.
10:24 PM on 08/30/2011
Whaaat?! That's crazy. Instead of protecting us, Congress just continued to protect its ability to use the USACE as a slush fund. I don't know why I feel shocked. I guess that's business as usual.
02:24 PM on 08/30/2011
We cannot rely upon the US government for anything worthwhile. Work toward a remedy of this problem will necessarily focus upon a radical localization, as individuals and communities seize their inherent power to control their own lives. Let us attempt to maintain communication among us as we each struggle to build communities that can cooperate with the environment to preserve human health. It will not be easy to survive the transitions we face, but in crisis there is opportunity. Live for your highest ideals.
07:13 PM on 08/29/2011
It's very frustrating that Congress took so few lessons away from the catastrophe here. Even now, as the Corps rebuilds the levees, they choose substandard construction techniques -- even when better construction would sometimes cost less. But next time the levees fail, we won't be able to say that the Corps was responsible for maintenance, since -- correct me if I'm mistaken -- the Corps' plan is to build it and walk away.
12:38 PM on 08/29/2011
Yet another example of how the federal government no longer represents the people. Shameful.
12:11 PM on 08/29/2011
Thanks again to Ms. Rosenthal for pointing out the travesties that still continue as we commemorate here today the sixth anniversary of the worst U.S. civil engineering disaster otherwise known as Katrina. We'll see what happens along the east coast in response to the aftermath of Hurricane Irene. Perhaps other parts of the nation will become more aware of the flaws that continue to occur within the structures of the Corps of Engineers.
11:14 AM on 08/29/2011
Thank you, Ms. Rosenthal, and everyone at Levees.org, for your tireless work to bring to light the truth behind the August 29, 2005 disaster in New Orleans. Let's hope America is listening, and quickly comes to understand that it wasn't Hurricane Katrina that took over 1600 lives and forever changed so many others, it was poor engineering, lack of oversight and greed. We need to overcome these faults. Lives depend upon it.
11:10 AM on 08/29/2011
It will be interesting to learn to what extent the Corps was involved with Vermont's flood protection. Every organization needs oversight (surely the Wall Street fiasci, plural, have taught us that.) Why should the Corps be exempted? This country was founded on the basis of checks and balances, that no government body should have too much power. To have any organization's oversight committee be accountable to that organization--as the amended bill seems to have done in the case of the Corps of Engineers--completely defeats the purpose of oversight.
10:49 AM on 08/29/2011
This is one of the many great and disturbing stories that most of the MSM has seen fit to ignore. Tell as many as you can about this. Make it a point to see the movie The Big Uneasy. This story MUST be told and told and told.
10:42 AM on 08/29/2011
As Irene struck the East Coast even it was afraid of congress, even Earthquakes can't stop the crooks that have taken over America.