§2318 Flood Plain Management

Summary

The Secretary must ignore certain buildings and changes when counting the benefits of federal flood-control projects. New or heavily renovated buildings put in the 100-year flood plain after July 1, 1991 are not counted if their first floor is below the 100-year flood level, unless the building is needed for water-based activities. For counties mostly in the 100-year flood plain, the same rule applies for buildings put in the 10-year flood plain after July 1, 1991. Any building that ends up in those flood plains because of a constriction added after July 1, 1991 also is not counted. The Secretary must value nonstructural projects the same way as structural ones and must avoid counting the same benefit twice. A county is “substantially located” in the 100-year flood plain only if half or more of its land is in that plain and the Secretary finds that applying the rule would unreasonably stop economic development or needed flood control. By January 1, 1992 the Secretary must send Congress a report about raising the nonfederal cost share for new projects in areas where new buildings or constrictions are placed in these flood plains after the area joined the National Flood Insurance Program. Within six months after that report, and working with the Director of the Federal Emergency Management Agency, the Secretary must issue rules that define key terms. Projects with a final Chief of Engineers report sent to the Secretary before the end of that six-month period (but not later than July 1, 1993) are not covered by these rules.