,,ii #aafth ,,congress #b;d ,session ,s4 #ejbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjbj,mr4 ,van ,hollen 7for himself1 ,mr4 ,schatz1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to establish a ,federal standard in order to improve the ,nation's resilience to current and future flood risk4 #a4 ,short title ,this ,act may be cited as the ,federal ,flood ,risk ,management ,act of #bjbj4 #b4 ,definitions ,in this ,act-- 7#a7 the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency2 7#b7 the term agency-- 7,a7 has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code2 and 7,b7 does not apply to an agency that does not take agency actions in or affecting floodplains2 7#c7 the term agency action-- 7,a7 means1 with respect to an agency-- 7i7 acquiring1 managing1 and disposing of ,federal lands and facilities2 7ii7 providing construction and improvements that are undertaken1 financed by1 or assisted by the ,federal ,government2 and 7iii7 conducting ,federal activities and programs that affect land use1 including planning1 regulating1 and licensing activities relating to water and land resources2 and 7,b7 does not include a military construction project described in section #bhjb of title #aj1 ,united ,states ,code2 7#d7 the term base flood means a flood that has a not less than #a percent chance of occurring in a year2 7#e7 the term critical action means any agency action with respect to which the head of the agency determines a slight chance of flooding would present an unacceptable amount of risk2 7#f7 the term ,executive ,order #aaihh means ,executive ,order #aaihh 7#db ,fed4 ,reg4 #bfiea2 relating to floodplain management72 7#g7 the term federally funded project means an action in which ,federal funds are used1 with respect to a structure or facility1 for new construction1 for substantial improvement1 or to address substantial damage2 7#h7 the term floodplain means1 subject to section #d7;b77#b71 the lowland and relatively flat area that adjoins inland and coastal waters 7including flood-prone areas of offshore islands72 7#i7 the term ,national ,flood ,insurance ,program means the program established under the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq472 7#aj7 the term ,standard means the ,federal ,flood ,risk ,management ,standard set forth in ,appendix ,g to ,guidelines for ,implementing ,executive ,order #aaihh1 ,floodplain ,management1 and ,executive ,order #acfij1 ,establishing a ,federal ,flood ,risk ,management ,standard and a ,process for ,further ,soliciting and ,considering ,stakeholder ,input1 published on ,october #h1 #bjae2 and 7#aa7 the term ,water ,resources ,council means the ,council established under section #aja of the ,water ,resources ,planning ,act 7#db ,u4,s4,c4 #aifb;a74 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it should be the policy of the ,united ,states to improve the resiliency of communities and assets of the ,federal ,government against the impacts of flooding2 7#b7 the impacts of flooding are anticipated to increase over time due to increased future risk and greater development on floodplains2 7#c7 losses caused by flooding affect-- 7,a7 the environment2 7,b7 the economic prosperity of the ,united ,states2 7,c7 public health and safety2 and 7,d7 the national security of the ,united ,states2 7#d7 the ,federal ,government must take action1 informed by the best available and actionable science1 to improve the preparedness and resilience of the ,united ,states with respect to flooding2 7#e7 ,executive ,order #aaihh requires agencies to avoid-- 7,a7 to the maximum extent practicable1 the long- and short-term adverse impacts associated with the occupancy and modification of floodplains2 and 7,b7 direct or indirect support of floodplain development whenever a more practicable alternative is available2 7#f7 to implement ,executive ,order #aaihh1 the ,federal ,government has developed processes for evaluating the impacts of ,federal actions in or affecting floodplains2 7#g7 in ,june #bjac1 an interagency effort to create a new flood risk reduction standard for federally funded projects was initiated2 7#h7 in establishing the standard described in paragraph 7#g71 the views of governors1 mayors1 and interested members of the public were solicited and considered2 7#i7 the result of the efforts described in paragraphs 7#g7 and 7#h7 is the ,standard1 a flexible framework to increase resilience against flooding and help preserve the natural values of floodplains2 and 7#aj7 enacting the ,standard will ensure that agencies expand management from the base flood level in effect as of the date of enactment of this ,act to a higher vertical elevation and a corresponding horizontal floodplain in order to-- 7,a7 address current and future flood risk2 and 7,b7 ensure that federally funded projects last as long as intended4 #d4 ,floodplain management 7a7 ,in general ,the head of each agency shall provide leadership and shall take action1 when carrying out an agency action1 to-- 7#a7 reduce the risk of losses resulting from floods2 7#b7 minimize the impact of floods on human safety health1 and welfare2 and 7#c7 restore and preserve the natural and beneficial values served by floodplains4 7b7 ,agency responsibilities 7#a7 ,in general ,in carrying out an agency action1 as described in subsection 7a71 the head of each agency shall-- 7,a7 evaluate the potential effects of any agency action taken by the agency in a floodplain1 as determined under paragraph 7#b72 7,b7 ensure that the planning programs and budget requests of the agency reflect consideration of flood hazards and the management of floodplains2 and 7,c7 prescribe procedures to implement the policies and requirements of this ,act-- 7i7 to the extent permitted by law2 and 7ii7 in accordance with the procedures described in paragraph 7#c74 7#b7 ,determination of floodplains ,the head of an agency shall1 when determining whether an agency action will take place in a floodplain-- 7,a7 use-- 7i7 the elevation and flood hazard area1 as determined by-- 7,i7 a climate-informed science approach that-- 7aa7 uses the best available actionable hydrologic and hydraulic data and methods2 7bb7 integrates current and future changes in flooding based on climate science2 7cc7 includes an emphasis on whether the agency action is a critical action2 and 7dd7 takes into consideration changes over the lifetime of the project that is the subject of the agency action2 7,,ii7 the freeboard value1 reached by adding an additional-- 7aa7 #b feet to the base flood elevation for an agency action that is not a critical action2 and 7bb7 #c feet to the base flood elevation for an agency action that is a critical action2 or 7,,iii7 any other method that is identified in any amendment made to this ,act2 or 7ii7 an area that has a #j4b percent chance of flooding in a year2 and 7,b7 rely on-- 7i7 the best available information2 and 7ii7 the ,flood ,insurance ,rate ,map published by the ,administrator for the community in which the agency action shall take place4 7#c7 ,procedures ,the procedures described in this paragraph are as follows3 7,a7 ,before an agency takes an agency action1 the head of the agency shall determine under paragraph 7#b7 whether the proposed agency action will take place in a floodplain4 7,b7 ,if an agency action described in subparagraph 7,a7 may have a significant effect on the quality of the human environment1 the evaluation required under paragraph 7#e7 shall be included in any statement prepared under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7,c7 ,if the head of an agency has determined to1 or proposes to1 conduct1 support1 or allow an agency action that will take place in a floodplain1 as determined under paragraph 7#b71 the head of the agency shall-- 7i7 consider alternatives in order to avoid adverse effects and incompatible development in the floodplain2 7ii7 when possible1 rely on natural systems1 ecosystem processes1 and nature-based approaches when considering alternatives under clause 7i72 7iii7 if the head of the agency determines that the only practicable alternative consistent under law1 including the requirements of this ,act1 requires taking an agency action in a floodplain1 before taking the agency action-- 7,i7 design or modify the agency action to minimize potential harm to or within the floodplain consistent with regulations issued under paragraph 7#f72 and 7,,ii7 prepare and distribute a notice that contains an explanation with respect to why the agency action shall take place in the floodplain2 7iv7 send a notice to all ,state1 local1 and tribal governments with respect to the geographic areas that are affected by the agency action that-- 7,i7 is not more than #c pages long2 7,,ii7 includes-- 7aa7 a location map2 7bb7 the reasons why the agency action shall occur in a floodplain2 7cc7 a statement indicating whether the agency action conforms to applicable ,state or local floodplain protection standards2 and 7dd7 a list of the alternatives to the agency action that the head of the agency considered2 and 7,,iii7 allows for a brief comment period before the head of the agency may take the agency action2 and 7v7 provide the opportunity for early public review of any plan or proposal for the agency action1 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 #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#d7 ,requests for authorizations and appropriations ,the head of an agency1 when making any request to the ,director of the ,office of ,management and ,budget for a new authorization or for appropriations1 shall indicate1 if an agency action to be proposed shall take place in a floodplain1 as determined under paragraph 7#b71 whether the agency action complies with this ,act4 7#e7 ,water and land use plans 7,a7 ,in general ,the head of an agency1 when formulating or evaluating any water and land use plan1 shall-- 7i7 take floodplain management into account2 and 7ii7 require the use of land and water resources that are appropriate when compared with the degree of hazard that is involved4 7,b7 ,considerations ,the head of each agency shall-- 7i7 provide for the adequate evaluation and consideration of flood hazards with respect to the regulations and operating procedures for the licenses1 permits1 and loan or grant programs administered by the agency2 and 7ii7 with respect to an applicant for a license1 permit1 loan1 or grant that is issued or administered by the agency1 encourage1 and provide appropriate guidance to1 the applicant to evaluate1 before submitting the application1 the effects that the application1 if granted1 would have on floodplains4 7#f7 ,regulations and procedures ,to the extent permitted by law1 the head of each agency shall1 in consultation with the ,water ,resources ,council1 the ,federal ,interagency ,floodplain ,management ,task ,force1 the ,administrator1 and the ,council on ,environmental ,quality-- 7,a7 issue regulations1 or amend regulations that are in effect as of the date of enactment of this ,act1 to comply with the requirements of this ,act2 and 7,b7 amend the regulations described in subparagraph 7,a7 as warranted4 7c7 ,annual reassessment ,the ,mitigation ,framework ,leadership ,group1 in consultation with the ,federal ,interagency ,floodplain ,management ,task ,force1 shall-- 7#a7 annually reassess the implementation of the requirements imposed under this section2 and 7#b7 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 risk4 #e4 ,federal ,flood ,risk ,management ,standard 7a7 ,in general ,the head of an agency shall-- 7#a7 except as provided in subsection 7b71 with respect to a federally funded project undertaken by the agency1 ensure that the agency complies with the ,standard2 and 7#b7 if the agency has responsibility for the administration or management of ,federal real property and facilities1 in addition to the requirements under section #d and paragraph 7#a7-- 7,a7 require the construction of ,federal structures and facilities to comply with-- 7i7 the regulations and procedures issued under section #d7;b77#f72 and 7ii7 any regulations issued under the ,national ,flood ,insurance ,program unless those regulations are demonstrably inappropriate for a structure or facility2 7,b7 apply accepted floodproofing and other flood protection measures to the construction or rehabilitation of a structure or facility that is located in a floodplain2 7,c7 when practicable1 elevate a structure above the floodplain instead of filling in land2 7,d7 provide on structures and1 where appropriate1 other pieces of property a conspicuous delineation of past and probable flood height-- 7i7 if the structure or other property-- 7,i7 is used by the general public2 and 7,,ii7 7aa7 has suffered flood damage2 or 7bb7 is in an identified flood hazard area2 and 7ii7 in order to enhance public awareness of1 and knowledge about1 flood hazards2 and 7,e7 when ,federal property in a floodplain is proposed for lease1 easement1 right-of-way1 or disposal to a non-,federal public or private party-- 7i7 reference in the conveyance those uses that are restricted under ,federal1 ,state1 or local regulations relating to floodplains2 and 7ii7 7,i7 except where prohibited by law1 attach any other appropriate restrictions to the uses of the property by the grantee or purchaser1 as applicable1 and any successors2 or 7,,ii7 withhold the property from conveyance4 7b7 ,exemption ,the head of an agency may exempt a federally funded project from the requirement under subsection 7a77#a7 if-- 7#a7 the exemption is in the interest of national security2 7#b7 the undertaking of the federally funded project is-- 7,a7 because of an emergency2 or 7,b7 a mission-critical requirement relating to a national security interest or an emergency2 or 7#c7 applying the ,standard to a federally funded project is demonstrably inappropriate4 7c7 ,updates ,not less frequently than once every #e years1 the ,water ,resources ,council shall update the ,standard1 as determined appropriate by the ,water ,resources ,council4 #f4 ,financial transactions in areas subject to flooding ,in addition to any responsibilities under this ,act and sections #ajb1 #bjb1 and #bje of the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djab;a1 #dajf1 and #dabh71 the head of any agency that guarantees1 approves1 regulates1 or insures any financial transaction relating to an area that is subject to a base flood shall1 before completing any action relating to that transaction1 inform any private parties that are participating in the transaction about the hazards of locating a structure in that area4 #g4 ,reports 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the head of each agency shall submit to the ,council on ,environmental ,quality a report regarding how the requirements of this ,act impact the procedures and operations of the agency4 7b7 ,analysis of ,standard ,each report submitted under subsection 7a7 shall contain a separate analysis regarding how the requirement under section #e7;a77#a7 has impacted agencies4 7c7 ,evaluation ,not less frequently than once every #b years1 the ,water ,resources ,council shall-- 7#a7 evaluate the procedures1 including the effectiveness of the procedures1 of each agency relating to the requirements of this ,act1 taking into account each report submitted under subsection 7a72 and 7#b7 submit to the appropriate committees of ,congress a report that contains the result of the evaluation required under paragraph 7#a74 #h4 ,general provisions 7a7 ,rules of construction ,nothing in this ,act may be construed-- 7#a7 as applying to assistance that is provided for emergency work that is-- 7,a7 performed under sections #djc and #ejb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;b and #eaib72 and 7,b7 essential to-- 7i7 save human life2 and 7ii7 protect-- 7,i7 property2 and 7,,ii7 public health and safety2 or 7#b7 to impair or otherwise affect-- 7,a7 the authority granted by law to an agency or the head of an agency2 or 7,b7 the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 7b7 ,implementation ,this ,act shall be implemented consistent with applicable law and subject to the availability of appropriations4 7c7 ,responsibilities of ,water ,resources ,council ,except as otherwise expressly provided1 the ,water ,resources ,council shall carry out the responsibilities of the ,council under this ,act in consultation with the ,mitigation ,framework ,leadership ,group4 #i4 ,assumption of responsibilities ,if subparagraphs 7,a71 7,b71 and 7,c7 of section #d7;b77#c7 apply to a project to which section #ajd7;h7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7;h77 applies1 an appropriate applicant may assume the responsibilities under those subparagraphs if the applicant has also assumed1 with respect to the project1 all responsibilities for environmental review1 decisionmaking1 and action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474