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.
Floodplain management plans
Within 1 year after the date of signing a project cooperation agreement for construction of a project to which subsection (a) 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.
Guidelines
In general
The Secretary shall develop guidelines for preparation of floodplain management plans by non-Federal interests under subsection (b).
Required elements
Limitation on statutory construction
Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Administrator of the Federal Emergency Management Agency.
Technical support
The Secretary may provide technical support to a non-Federal interest for a project to which subsection (a) applies for the development and implementation of plans prepared under subsection (b).
Pub. L. 99–662, title IV, § 402100 Stat. 4133Pub. L. 100–676, § 14102 Stat. 4026Pub. L. 104–303, title II, § 202(c)(1)110 Stat. 3674Pub. L. 106–541, title II, § 209(a)114 Stat. 2591Pub. L. 109–295, title VI, § 612(c)120 Stat. 1410(, , ; , , ; , , ; , (c), , ; , , .)
Editorial Notes
Amendments
Pub. L. 106–541, § 209(c)2000—Subsec. (b). , substituted “Floodplain” for “Flood plain” in heading and “floodplain” for “flood plain” in first sentence.
Pub. L. 106–541, § 209(a)Subsec. (c). , in first sentence substituted “The” for “Within 6 months after , the”, designated second sentence as par. (2), inserted heading, substituted “The guidelines developed under paragraph (1) shall—” for “Such guidelines shall”, designated remainder of sentence as subpar. (A), inserted “to be undertaken by non-Federal interests to” after “policies”, added subpar. (B), and redesignated former par. (2) as (3).
Pub. L. 104–3031996— substituted “Floodplain management requirements” for “Compliance with flood plain management and insurance programs” in section catchline and amended text generally. Prior to amendment, text read as follows: “Before construction of any project for local flood protection or any project for hurricane or storm damage reduction, the non-Federal interests shall agree to participate in and comply with applicable Federal flood plain management and flood insurance programs.”
Pub. L. 100–6761988— inserted “or any project for hurricane or storm damage reduction” after “local flood protection”.
Statutory Notes and Related Subsidiaries
Change of Name
section 612(c) of Pub. L. 109–295section 313 of Title 6Pub. L. 109–295section 612(f)(2) of Pub. L. 109–295section 313 of Title 6“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (c)(3) on authority of , set out as a note under , Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until , see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–541, title II, § 209(b)114 Stat. 2591
Effective Date of 1996 Amendment
Pub. L. 104–303, title II, § 202(c)(2)110 Stat. 3675
Reference to Project Cooperation Agreement Deemed Reference to Project Partnership Agreement
section 2003(f)(2) of Pub. L. 110–114section 1962d–5b of Title 42Reference to “project cooperation agreement” deemed to be reference to “project partnership agreement”, see , set out as a note under , The Public Health and Welfare.