U.S Code last checked for updates: Jun 23, 2021
§ 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) applies, the non-Federal interest shall prepare a floodplain 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

The Secretary shall develop guidelines for preparation of floodplain management plans by non-Federal interests under subsection (b).

(2)
Required elements
The guidelines developed under paragraph (1) shall—
(A)
address potential measures, practices, and policies to be undertaken by non-Federal interests to to 1
1
 So in original.
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; and
(B)
address those measures to be undertaken by non-Federal interests to preserve the level of flood protection provided by a project to which subsection (a) applies.
(3)
Limitation on statutory construction

Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Administrator 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) applies for the development and implementation of plans prepared under subsection (b).

(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; Pub. L. 106–541, title II, § 209(a), (c), Dec. 11, 2000, 114 Stat. 2591; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
cite as: 33 USC 701b-12