Sec. 4. Floodplain management
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The head of each agency shall provide leadership and shall take action, when carrying out an agency action, to— reduce the risk of losses resulting from floods; minimize the impact of floods on human safety, health, and welfare; and restore and preserve the natural and beneficial values served by floodplains. In carrying out an agency action as described in subsection (a), the head of each agency shall— evaluate the potential effects of any agency action taken by the agency in a floodplain, as determined under paragraph (2); ensure that the planning programs and budget requests of the agency reflect consideration of flood hazards and the management of floodplains; and prescribe procedures to implement the policies and requirements of this Act— to the extent permitted by law; and in accordance with the procedures described in paragraph (3).
The head of an agency shall, when determining whether an agency action will take place in a floodplain— use— the elevation and flood hazard area, as determined by— a climate-informed science approach that— uses the best available actionable hydrologic and hydraulic data and methods; integrates current and future changes in flooding based on climate science; and includes an emphasis on whether the agency action is a critical action; the freeboard value, reached by adding an additional— 2 feet to the base flood elevation for an agency action that is not a critical action; and 3 feet to the base flood elevation for an agency action that is a critical action; or any other method that is identified in any amendment made to this Act; or an area that has a 0.2 percent chance of flooding in a year; and rely on— the best available information; and the Flood Insurance Rate Map published by the Administrator for the community in which the agency action shall take place.
The procedures described in this paragraph are as follows: Before an agency takes an agency action, the head of the agency shall determine under paragraph
(2)whether the proposed agency action will take place in a floodplain. If an agency action described in subparagraph
(A)may have a significant effect on the quality of the human environment, the evaluation required under paragraph
(5)shall be included in any statement prepared under section 102(2)(C) of the National Environmental Policy Act ( 42 U.S.C. 4332(2)(C) ). If the head of an agency has determined to, or proposes to, conduct, support, or allow an agency action that will take place in a floodplain, as determined under paragraph (2), the head of the agency shall— consider alternatives in order to avoid adverse effects and incompatible development in the floodplain; when possible, rely on natural systems, ecosystem processes, and nature-based approaches when considering alternatives under clause (i); if the head of the agency determines that the only practicable alternative consistent under law, including the requirements of this Act, requires taking an agency action in a floodplain, before taking the agency action— design or modify the agency action to minimize potential harm to or within the floodplain consistent with regulations issued under paragraph (6); and prepare and distribute a notice that contains an explanation with respect to why the agency action shall take place in the floodplain; with respect to an agency action relating to a program that is subject to Circular A–95 of the Office of Management and Budget, send a notice to the State and area-wide clearinghouses for the geographic areas that are affected by the agency action that— is not more than 3 pages long; includes— a location map; the reasons why the agency action shall occur in a floodplain; a statement indicating whether the agency action conforms to applicable State or local floodplain protection standards; and a list of the alternatives to the agency action that the head of the agency considered; and allows for a brief comment period before the head of the agency may take the agency action; and provide the opportunity for early public review of any plan or proposal for the agency action, including the development of procedures for any Federal action the impact of which is not significant enough to require the preparation of a statement under section 102(2)(C) of the National Environmental Policy Act ( 42 U.S.C. 4332(2)(C) ). The head of an agency, when making any request to the Director of the Office of Management and Budget for a new authorization or for appropriations, shall indicate, if an agency action to be proposed shall take place in a floodplain, as determined under paragraph (2), whether the agency action complies with this Act. The head of an agency, when formulating or evaluating any water and land use plan, shall— take floodplain management into account; and require the use of land and water resources that are appropriate when compared with the degree of hazard that is involved. The head of each agency shall— provide for the adequate evaluation and consideration of flood hazards with respect to the regulations and operating procedures for the licenses, permits, and loan or grant programs administered by the agency; and with respect to an applicant for a license, permit, loan, or grant that is issued or administered by the agency, encourage, and provide appropriate guidance to, the applicant to evaluate, before submitting the application, the effects that the application, if granted, would have on floodplains. To the extent permitted by law, the head of each agency shall, in consultation with the Water Resources Council, the Federal Interagency Floodplain Management Task Force, the Administrator, and the Council on Environmental Quality— issue regulations, or amend regulations that are in effect as of the date of enactment of this Act, to comply with the requirements of this Act; and amend the regulations described in subparagraph
(A)as warranted. The Mitigation Framework Leadership Group, in consultation with the Federal Interagency Floodplain Management Task Force, shall— annually reassess the implementation of the requirements imposed under this section; and provide recommendations to the Water Resources Council for updates to the requirements imposed under this section that are warranted based on accurate and actionable science that takes into account changes to climate and other changes in flood risk.
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Sec. 4
Floodplain management
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