§ 701b-12. — Floodplain management requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701b-12]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 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 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) of this section.
(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\ 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
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\1\ So in original.
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(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) of this section applies.
(3) 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, Sec. 402, Nov. 17, 1986, 100 Stat. 4133; Pub.
L. 100-676, Sec. 14, Nov. 17, 1988, 102 Stat. 4026; Pub. L. 104-303,
title II, Sec. 202(c)(1), Oct. 12, 1996, 110 Stat. 3674; Pub. L. 106-
541, title II, Sec. 209(a), (c), Dec. 11, 2000, 114 Stat. 2591.)
Amendments
2000--Subsec. (b). Pub. L. 106-541, Sec. 209(c), substituted
``Floodplain'' for ``Flood plain'' in heading and ``floodplain'' for
``flood plain'' in first sentence.
Subsec. (c). Pub. L. 106-541, Sec. 209(a), in first sentence
substituted ``The'' for ``Within 6 months after October 12, 1996, the'',
designated second sentence as par. (2), inserted heading, substituted
``The guidelines developed under paragraph (1) shall--'' for ``Such
guidelines shall'', designated remainder of sentence as subpar. (A),
inserted ``to be undertaken by non-Federal interests to'' after
``policies'', added subpar. (B), and redesignated former par. (2) as
(3).
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 2000 Amendment
Pub. L. 106-541, title II, Sec. 209(b), Dec. 11, 2000, 114 Stat.
2591, provided that: ``The amendments made by subsection (a) [amending
this section] shall apply to any project or separable element of a
project with respect to which the Secretary [of the Army] and the non-
Federal interest have not entered a project cooperation agreement on or
before the date of enactment of this Act [Dec. 11, 2000].''
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].''
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
