Laws: Cases and Codes : U.S. Code : Title 33 : Section 701b-12


   
U.S. Code as of: 01/19/04
Section 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

          (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.



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