§2318 Flood plain management

Summary

The Secretary must not count certain new or much‑changed buildings and other changes when calculating the benefits used to justify federal flood‑control projects. Buildings put in the 100‑year flood plain after July 1, 1991 whose first floor is below the 100‑year flood level are excluded, unless the building is needed for water‑dependent work. In counties that meet special rules, buildings put in the 10‑year flood plain after July 1, 1991 are also excluded. Any building that ends up inside those flood plains because someone added a constriction after July 1, 1991 is excluded too. When figuring benefits for nonstructural projects, the Secretary must use methods like those for structural projects and must avoid counting the same benefit twice. By January 1, 1992 the Secretary must send Congress a report on whether non‑Federal cost shares should be higher when new buildings or constrictions are placed in the 100‑ or 10‑year flood plains after a community joins the regular National Flood Insurance Program. Within 6 months after the report required under subsection (c) is sent, the Secretary, with the FEMA Director, must write rules to carry out these limits and define key terms. Projects with a final Chief of Engineers report sent to the Secretary before the end of that 6‑month period (but no later than July 1, 1993) are not covered. Definitions: new or substantially improved structure — a new or significantly changed building; constriction — something that narrows or blocks the flood plain; 10‑year flood plain — area likely to flood about once every 10 years; 100‑year flood plain — area likely to flood about once every 100 years. Counties are “substantially located” in the 100‑year flood plain if 50% or more of their land is in that plain and the Secretary finds that applying the rule would unreasonably stop development or needed flood control.