1996 US Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15 - FLOOD CONTROL
Sec. 701b-12 - Floodplain management requirements

View Metadata

§701b–12. Floodplain management requirements (a) Compliance with floodplain management and insurance programs

Before construction of any project for local flood protection, or any project for hurricane or storm damage reduction, that involves Federal assistance from the Secretary, the non-Federal interest shall agree to participate in and comply with applicable Federal floodplain management and flood insurance programs.

(b) Floodplain management plans

Within 1 year after the date of signing a project cooperation agreement for construction of a project to which subsection (a) of this section applies, the non-Federal interest shall prepare a flood plain 1 management plan designed to reduce the impacts of future flood events in the project area. Such plan shall be implemented by the non-Federal interest not later than 1 year after completion of construction of the project.

(c) Guidelines (1) In general

Within 6 months after October 12, 1996, the Secretary shall develop guidelines for preparation of floodplain management plans by non-Federal interests under subsection (b) of this section. Such guidelines shall address potential measures, practices, and policies to reduce loss of life, injuries, damages to property and facilities, public expenditures, and other adverse impacts associated with flooding and to preserve and enhance natural floodplain values.

(2) Limitation on statutory construction

Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Director of the Federal Emergency Management Agency.

(d) Technical support

The Secretary may provide technical support to a non-Federal interest for a project to which subsection (a) of this section applies for the development and implementation of plans prepared under subsection (b) of this section.

(Pub. L. 99–662, title IV, §402, Nov. 17, 1986, 100 Stat. 4133; Pub. L. 100–676, §14, Nov. 17, 1988, 102 Stat. 4026; Pub. L. 104–303, title II, §202(c)(1), Oct. 12, 1996, 110 Stat. 3674.)

Amendments

1996—Pub. L. 104–303 substituted “Floodplain management requirements” for “Compliance with flood plain management and insurance programs” in section catchline and amended text generally. Prior to amendment, text read as follows: “Before construction of any project for local flood protection or any project for hurricane or storm damage reduction, the non-Federal interests shall agree to participate in and comply with applicable Federal flood plain management and flood insurance programs.”

1988—Pub. L. 100–676 inserted “or any project for hurricane or storm damage reduction” after “local flood protection”.

Effective Date of 1996 Amendment

Section 202(c)(2) of Pub. L. 104–303 provided that: “The amendment made by paragraph (1) [amending this section] shall apply to any project or separable element thereof with respect to which the Secretary and the non-Federal interest have not entered into a project cooperation agreement on or before the date of the enactment of this Act [Oct. 12, 1996].”

1 So in original. Probably should be “floodplain”.