33 U.S.C. § 2318 : US Code - Section 2318: Flood plain management

Search 33 U.S.C. § 2318 : US Code - Section 2318: Flood plain management

(a) Exclusion of elements from benefit-cost analysis
The Secretary shall not include in the benefit base for
justifying Federal flood damage reduction projects -
(1)(A) any new or substantially improved structure (other than
a structure necessary for conducting a water-dependent activity)
built in the 100-year flood plain with a first floor elevation
less than the 100-year flood elevation after July 1, 1991; or
(B) in the case of a county substantially located within the
100-year flood plain, any new or substantially improved structure
(other than a structure necessary for conducting a water-
dependent activity) built in the 10-year flood plain after July
1, 1991; and
(2) any structure which becomes located in the 100-year flood
plain with a first floor elevation less than the 100-year flood
elevation or in the 10-year flood plain, as the case may be, by
virtue of constrictions placed in the flood plain after July 1,
1991.
(b) Flood damage reduction benefits
(1) In general
In calculating the benefits of a proposed project for
nonstructural flood damage reduction, the Secretary shall
calculate the benefits of the nonstructural project using methods
similar to those used for calculating the benefits of structural
projects, including similar treatment in calculating the benefits
from losses avoided.
(2) Avoidance of double counting
In carrying out paragraph (1), the Secretary should avoid
double counting of benefits.
(c) Counties substantially located within 100-year flood plain
For the purposes of subsection (a) of this section, a county is
substantially located within the 100-year flood plain -
(1) if the county is comprised of lands of which 50 percent or
more are located in the 100-year flood plain; and
(2) if the Secretary determines that application of the
requirement contained in subsection (a)(1)(A) of this section
with respect to the county would unreasonably restrain continued
economic development or unreasonably limit the availability of
needed flood control measures.
(d) Cost sharing
Not later than January 1, 1992, the Secretary shall transmit to
Congress a report on the feasibility and advisability of increasing
the non-Federal share of costs for new projects in areas where new
or substantially improved structures and other constrictions are
built or placed in the 100-year flood plain or the 10-year flood
plain, as the case may be, after the initial date of the affected
governmental unit's entry into the regular program of the national
flood insurance program of the National Flood Insurance Act of 1968
[42 U.S.C. 4001 et seq.].
(e) Regulations
Not later than 6 months after the date on which a report is
transmitted to Congress under subsection (c) of this section, the
Secretary, in consultation with the Director of the Federal
Emergency Management Agency, shall issue regulations to implement
subsection (a) of this section. Such regulations shall define key
terms, such as new or substantially improved structure,
constriction, 10-year flood plain, and 100-year flood plain.
(f) Applicability
The provisions of this section shall not apply to any project, or
separable element thereof, for which a final report of the Chief of
Engineers has been forwarded to the Secretary before the last day
of the 6-month period beginning on the date on which regulations
are issued pursuant to subsection (a) of this section but not later
than July 1, 1993.