Sec. 5. Federal Flood Risk Management Standard
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/bill/115/hr/7024/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The head of an agency shall— except as provided in subsection (b), with respect to a federally funded project undertaken by the agency, ensure that the agency complies with the Standard; and if the agency has responsibility for the administration or management of Federal real property and facilities, in addition to the requirements under section 4 and paragraph (1)— require the construction of Federal structures and facilities to comply with— the regulations and procedures issued under section 4(b)(6); and any regulations issued under the National Flood Insurance Program unless those regulations are demonstrably inappropriate for a structure or facility; apply accepted floodproofing and other flood protection measures to the construction or rehabilitation of a structure or facility that is located in a floodplain; when practicable, elevate a structure above the floodplain instead of filling in land; provide on structures and, where appropriate, other pieces of property a conspicuous delineation of past and probable flood height— if the structure or other property— is used by the general public; and has suffered flood damage; or is in an identified flood hazard area; and in order to enhance public awareness of, and knowledge about, flood hazards; and when Federal property in a floodplain is proposed for lease, easement, right-of-way, or disposal to a non-Federal public or private party— reference in the conveyance those uses that are restricted under Federal, State, or local regulations relating to floodplains; and except where prohibited by law, attach any other appropriate restrictions to the uses of the property by the grantee or purchaser, as applicable, and any successors; or withhold the property from conveyance.
The head of an agency may exempt a federally funded project from the requirement under subsection (a)(1) if— the exemption is in the interest of national security; the undertaking of the federally funded project is— because of an emergency; or a mission-critical requirement relating to a national security interest or an emergency; or applying the Standard to a federally funded project is demonstrably inappropriate. Not less frequently than once every 5 years, the Water Resources Council shall update the Standard, as determined appropriate by the Water Resources Council.