ML20151Z457
| ML20151Z457 | |
| Person / Time | |
|---|---|
| Issue date: | 03/21/1988 |
| From: | Weber M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Scanlon B TEXAS, UNIV. OF, AUSTIN, TX |
| References | |
| NUDOCS 8805050276 | |
| Download: ML20151Z457 (29) | |
Text
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y 214/MFW/88/03/21/ TEXAS
- MAR 21 1988 Ms. Bridget Scanlon Bureau of Economic Geology University of Texas - Austin University Station P.O. Box X Austin, Texas 78713
Dear Ms. Scanlon:
In response to your telephone request on March 16, 1988, please find enclosed a reprint of the "Floodplain Management Guidelines for Implementing Executive Order 11966" [43 FR 6030; February 10,1978).
Please contact me at telephone number (301) 492-0565 or Mail Stop SE4 WFN if you have any. questions.
Sincerely,
/s/
Michael F. Weber Technical Branch Division of Low. Level Waste Management and Deconnissioning
Enclosure:
Reprint from 43 FR 6030 Distrbution:
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I U.S. Water Resources Council l
E FLOODPLAIN MANAGEMENT g
GUIDELINES For Implementing E.O.11988 h) 43 FR 6030 February 10, 1978
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IS410-011 Flood Hazard Evaluation, represent-ed Presidential recognition that WATER RESOURCES COUNCIL structural flood control measures FLOOOPLAIN MANAGEMENT alone were inadequate to stem rising flood losses. It was followed by es-Guid*ila** fw Wahs Execvhe Ordw tablishment of flood insurance, di-11988 saster assistance and related Federal f
AGENCY: Water Resources Council. programs, and some State and local government floodplain management ACTION: Notice of Guidelines programs. Yet, a decade later.
Adoption.
annual r!ood losses were estimated
SUMMARY
- This notice incorpo-to approach $3 billion and continu-rates the Guidelines for Implement. ing to rise.
Ing Executive Order 11988-Flood-In the decade following Executive plain Management adopted by the Order 11296, there developed wide-Water Resources Counci! on Janu. spread recognition that the r,atural ary 25.1978 to assist Federal agen. and beneficial values of floodplains.
cles in preparation of their regula. wetlands and coastal barrier islands tions and procedures for implement-must be restored and preserved.
ing the Order.
Thus, on May 24.1977, the President FOR PURTIIER INFORMATION tal message accompanied by Execu-CONTACT:
tive Order 11988-Floodplain Afan-Frank II.
Thomas. Floodplain agement, to - place the 1966 Order.
Management Specialist. Policy Di-The new order is a significant policy vision. U.S. Water Resources Coun. Initiative tying together the need to cil, 2120 L Street NW Washing. protect lives and property with the ton. D.C. 20037. phone 202-254 need to restore and preserve natural
- 6352, and beneficial floodplain values. The SUPPLEMENTARY INFORMA.
TION: These guidelines provide: (1) at r R urc Counc is c ted y explanation of key terms and flood-the Order to provide direction. Fed-plain management concepts; (2) sec-eral agencies are directed to lead the tion-by-section analyses of the Nation by exemplary demonstration Order; and (3) procedures in the of a comprehensive approach to form of a decisionmaking process floodplain management and to pre-leading icom the determination that pare procedures for achieving the a proposed action is or is not located goals of the Order.
In the base floodplain, through the The objective of these guidelines is implementation of agency actions.
to provide broad guidance in the in-Dated: February 3.1978.
terpretation of the Order to assist t
each agency which will be develop-140 M. Eisn Ing its own individual procedures for mrector.
compliance with the Order. It is rec-PREFACE ognized that agency procedures will necessarily vary to meet legislatively t
These guidelines result from recog-prescribed missions as well as the re-nition in two Executive Orders that quirements of the Order. This guld-the Nation's floodplains are the ance should prove useful to State scene of: (1) unacceptable and in-and local governments and interest-creasing flood losses and (2) degrada-ed members of the public.
tion of natural and beneficial values.
The guidelines have been devel-The 1966 Executive Order 11296-oped over a 12-month period by the j
russeAL 80005f5R. Vot. 43.180. 29-#RIDAY. PESEUARY le.1974 1
1 l
NOTICES NO W efforts of an interagency task force restore and preserve the natural form of a decision-making process Drranrurnt or Comutact of floodplain specialists. Comments and beneficial floodplain values.
leading from the determination and suggestions for improvement are The framework for meeting these Allan Flanders (NOAA) welcomed.
requirements is the Water. Re-a ed in e b fl pla n Guy R. MARTIN.
sources Counctis unuied National through the implementation of Envimonuznrat. Paorscrron AcznCY Alternare to the Chairman.
ram for Flood Plain.%fanage.
agency action.
- Dnle Mnnty (OwPS)
EXECUTIVE
SUMMARY
e TO ASSIST AGENCIES: by pro.
- Peter smith (OPA) e EVALUATE. DESIGN. AND IM.
t viding broad guidance in the im-TIIE OIUELTIVE OF EXECUTIVE PLEMENT AIL AGENCY AC.
plementation of the Order for use Drmrum w Enracy ORDER IISM IS:
TIONS: to meet the policies of the in the preparation of individual Richard Faubel(FERC)
Order.
O ~* *
- to avoid to the extent possi-agency procedures. It is recognized ble the- :ong-and short-term ad.
e NOTIFY TIIE PUBLIC: if the that acency procedures will neces-Daramrum or liousina aun Umsan Drvriorunnr verse impacts associated with the head of an agency finds there is no sarily vary to meet legislatively occupancy and modification of practicable alternative. This will prescribed m i as well as the N as Lally A
floodplains and to avoid direct and usually occur after there has been requ remen er.
Indirect support of floodplain de-early notice to the public on plans Damrum w ruz Inmma and proposals and alternative ACKNOWLEIM;EMENT velopment wherever there is a Ilarry Barnes (USGS) practicable alternative * * * -
courses of action.
p at th utde es Robert Schmidt (BLM) e AMEND OR ISSUE REGULA-Susan S(hmidt (OEPR)
THE ORDER Al*l* LIES TO:
Eroup of the Floodplain Manage-TIONS AND PROCEDURES: (1) ment Technical Committee of the
- ** I 8'
O A11 AGENCIES that: (1) acquire, to avoid the base floodplain if at Water Resources Council, in antici-
- Char es Town W I manage, or dispose of Federal all practicable; (2) to provide for pation of an Executive Order. In Oc-lands and facilities: (2) undertake actions to ADJUST TO THE tober 1977 when the Water Re-Drranrutur or Tuansroaration finance or assist construction and BASE FLOODPLAIN. if it cannot sources Council's technical commit-
- Philip Thompson (FilWA) improvements; and (3) conduct ac-be avoided; and (3) to keep the tecs were abolished as part of a re-tivities and programs affecting public informed of proposed ac-structuring of the Council, a first Orriem or Manacrurnr ano Buncrr land use. including planning. regu-tions in the base floodplain and en-draft of the Guidelines had been Bruce Long 12 ting. and licensing.
courage participation in floodplain completed. In November 1977, a 60-O AIL FEDERAL ACTIONS: de-decist nmaking. Each agency shall day task force of essentially the CounctL ow EnvinonuturaL QUALITY scribed in the preceding sentence.
issue or amend existing regulations same membership as the work group Robert Smythe within one year to comply with was appointed to complete the Zell steever O AIL FLOODPLAIN LOCATIONS:
this Order. Agencies shall prepare Guidelines.
whether they are along or near to their procedures in consultation The members of these two groups Tranussar Vaury AUTuoarry rirers streams, oceans, ponds, or with the Water Resources Council, and colleagues who provided special- *Olenn Wall related water bodies-as a mini-the Federal Insurance Administra.
ized assistance are listed below. We mum, areas subject to inundation tion and the Council on Environ.
are indebted to all of these persons DurAWaar Ram Basin Comuassion by a flood with a one percent mental Quality, and shall update for their professional dedication and Robert Goodell chance of occurring in any year such procedures as necessary.
especially to the members of the (i.e "100-year or base flood").
drafting team whose overtime ef.
Ontar Lants Rivra Basin Couusssion TIIESE GUIDELINES ARE INTENDED:
forts secured completion of the I,onard Crook THE ORDER REQPRES TIIAT AGEN-e TO DE USED BY AGENCIES: In Guidelines.
CIES:
I preparing their procedures in con-or.
Al Mathews O AVOID THE BASE FLOOD-sultation with the WRC. CEQ. and PLAIN: unless it is the only practi-FIA.
WATER RESOUnces COUNCIL Nrw EncLano Ravra BASINS ComulSslon cable alternative.
e TO FURNISil: (1) explanations of
- Prank Thomas (Task Force and Technt-Thomas Klock O ADJUST TO TIIE BASE PLOOD-key terms and floodplain manage-cal Committee Chairman)
PLAIN: if the base floodplain ment concepts: (2) analyses or the
"" ^*'"
Drranrutur or AcnicuLTuna cannot be avoided, adjust to it in Order, section by section. for Edward Itood order to:(1) reduce the hazard and agency use in developing their reg.
- Richard Irisher (SCS) the risk of flood loss;(2) minimize ulations and procedures for com-DrranrurnT or ruz Amur the impact of floods on human plying with the intent of each sec-Paul Ebright safety. health, and welfare; and (3) tion; and (3) procedures in the
- Ocorge Phlppen (COE)
- Robert Plott (COE)
-Members of the draf uns team 2
peoenat osenren. vot. u. mo. 29-eamar, esseumar so. me
oms Marshall Goulding Step 3-Identify and Evaluate Practica-e Action-any Federal activity in-tory floodway (often referred to as Rose Mcleod ble Alternatives to locating in the Base cluding: "* * * (1) acquiring. man-
"floodway fringe-).
Urran Massassarra Rivra Hasan 3.
I ative Sites aging, and disposng of Federal Coasanassion 3.H.-Alternative Actions 28 lands and facilities; (2) providing e Floodplain-the lowland and rela-N*F ###"
3.C.-No Action 28 federally undertaken financed, or tively flat areas adjoining inland i
Step 4-Identify Impacts of the Proposed assisted construction and improve-and coastal waters including flood-AaMansas-WH TE-RED Hasins INTEm.
Action 28 ments; and (3) conducting Federal prone areas of offshore islands, in-AcancT CoasassTTrx 4.A.-General Concepts 29 activilles and programs affecting cluding at a minimum, that area 4.H.-Lives and Property 31 land use, including but not limited subject to a one percent or greater 1
Barry Raught to water and related land resources chance of flooding in an iven 4.C-Natural and Heneficial Floodpla year. The base floodplain shall be ggp {* Minimize. Restore Preserve p a ni E. reguladng, and licenslug used to designate the 100-year SouTusast Basins InTan-AczncT 35 4
ConsunTTsz
- C d*8-5.A.-Minimize 35 floodplain (one percent chance l
Gary Mathews 5.H.-Restore and Preserve 35 e Agency-an executive department, floodplain). The critical action Steve Sutterfield 5.C.-Methods to Mintmize. Restore and a government corporation, or an floodplain is defined as the 500-Preserve 35 Independent establishment and in.
year floodplain (0.2 percent chance j
STATa RsrassanTaTavEs Step 6-Reevaluate Alternatives 37 cludes the military departments, floodplain).
Jack Pardec(California) 6.A.-Iocating in the Base Floodplain 38
- James Wright (Minnesota) 6.H.-Limit Action 38 e Base Flood-is that flood which e Floodproof Pp--the modification i
6_C.-No Action 38 has a one percent chance of occur.
of Individual structures and facill-INTaa-state RErmEsENTaT WE Step 7-Findings /Public Explanation 38 rence in any given year (also ties. their sites. and their contents 7.AcInterasmcy Nouce 39 Robert Recmcita (Miami Conservancy known as a 100-year flood). This to protect against structural fall-
-^ U "
^
I District Ohlo) 7 C.
Actions located in the term is used in the National Flood ure, to keep water out or to reduce Insurance Program (NFIP) to indi-etfects of water entry.
TARI.E OF CONTENTS Step 8-Implement Action 39 cate the minimum level of flooding e Minimize-to reduce to the small-to be used by a community in its est possible amount or degree.
Parracs 1
Arranoix A-Frooorunn Inromasarion floodplain management regula-Souncus 40 j
ExacvTava Sunsmaar 2
tions.
e One Percent Chance Flood-the flood having one chance in 100 of Arrmix B-REuTE Pk
- M8 AnD e Base El odplain-the 100-year being exceeded in any one-year 1
Acunowancassnr
-3 4
Rsrsmances 43 floodplain (one percent chance period (a large flood). The likell-O wssaar 4
Arrsupix C-Exzcuravr Onorm 11988-flood-plain). Also see definition of hood of exceeding this magnitude 1
6 Fwerunn ManacmanT 44 floodplain.
Increases in a time period longer PmT I-InTamrarraTson or ExzcvTava Arranoix D-Exscutive Onnan 11990-e Channel-a natural or artificial than one year. For example, there Omous 119ss 8
Protecuon of Wetlands 48 watercourse of percepuble extent are two chances in three of a 4
with a definite bed and banks t larger flood exceeding the one per.
Introduction to the Order 8 ArrEnDix E-EttroTavs OmDum 11514 -
confine and conduct continuously cent chance flood in a 100-year Section 1 8
PaoTecTion ano EnMAnca$sENT or Enva-or periodically flowing water.
pen "U*" '
\\
Section 3 13 e Critical Action-any activity for e Practicable-capable of being Figure 1-Decision-Making Process for i
Section 4 16 which even a slight chance of done within existing constraints.
Executive Order 11968 19
{
Section 5 to Figure 2-Floodplain Pictorial Olossary20 flooding would be too great.
The test of what is practicable de-section S 16 pends upon the situation and in-T Figure 3-Flood Insurance Rate Map 21 e Facility-any man-made or man-cludes consideration of the perti-y Mgure 4-Flood llazard Boundary Map 22 placed item other than a structure.
nent factors, such as environment, i
section 9 17 Tass.ss e Flood or Flooding-a general and cost or technology.
Paar II-Decision Mausuc Paocrss 17 Table 1-Sources of Floodplain Informa.
temporary condition of partial or e Preserve ~to prevent modification i
tion and Technical Assistance Services complete inundation of normally to the natural floodplain environ-z Step 1-Determine if a Proposed Action for Determining Whether a Imcation is dry land areas from the overflow ment or to maintain it as closely as is Imcated in the Base Floodplain 19 a
in a Floodplain 25 of inland and/or tidal waters and/
possible to its natural state.
1.A.-Types of Moodplains 19 1.tL-IJmits of Mooding 23 or the unusual and rapid accumu-i 1.C.-Critical Actions 26 lation or runoff of surface waters e Regulatory Floodway-the area
(;1AMiSARY Step 2-Early Public Review 26 Throughout this document, the from any source.
legulated by Federal. State or local requirementa; the channel of l
following basic definitions ahtll e Flood Frince-that portion of the a river or other watercourse and
+ Members of the drafting team.
apply" floodplain outside of the regula-the adjacent land areas that must 4
seessat meession. vot. 4a. no. so-easear. #seauaar se. sore semenat emession vot. 4a. no. so-eassar. esmovaar se. sore 3
4
.l NOTICES NOTICES be reserved in an open manner, i.e.,
opment whenever there is a practica-al Program for Flood Plain Manape-management in the immediate unconfined or unobstructed either ble alternative. The preferred ment (U.S. Water Resources Council, future. In preparing these guide-horizontally or vertically. to pro-method for satisfying this require-1976) which sets forth a cont.eptual lines, the Water Resources Council vide for the discharge of the base ment is to avoid sites on the base frameworlt and recommends Federal recognized: (1) the impossibility of flood so the cumulative increase in floodplain. If an action must be 10-I and State actions for a continuing anticipaung the full range of indi-i water surface elevation is no more cated on the base floodplain, the I
unified program for planning and vidual program situations affected than a designated amount (not to Order requires that agencies mini-action at all levels of government to by the Order, and (2) the responst-exceed one foot as set by the mize potential harm to people and reduce the risit of flood losses bility for individual agencies to i
NFIP).
property and to natural and beneft-through floodplain management. tailor their procedures to meet both O Restore-to re-establish a setting E ecu tv r
l'988 is based in n
a in-e legislamely presc@ed mis-or environment in which the natu-cludes a broad Federal effort, both slons and the requirements of the part on the National Environmental ral functions of the floodplain can Policy Act of 1969~ and adds new again operate.
prominence to the environmental as-w se an n aza a use of Because these guidelines are advi-floodplains including recognition of sory and the agencies will draft their O Structures-walled or roofed build. pects of floodplain management natural and beneficial floodplain own rules and reguladons, there is ings, including mobile homes and which were not present in the old values.
gas or liquid storage tanks that are Executive order. To achieve this. the some concern that reasonable consis-l primarily above ground (as set by rde u
th t To assure compliance with the tency will exist among agencies.
Order, provision is made for both Therefore, by October 1,1978. the e
that floodplains have unique and sig.
public and Federal review of pro-WRC will: (1) review the rules and O Wellands "those aress that are nificant public values. Consideration posed actions. Early public notice, regulations promulgated by the var-inundated by surface or ground must be given, therefore, to natural Office of Management and Budget lous agencies with respect to consis-water with a frequency sufficient and beneficial floodplain values and (OMB) Circular A-95 Notice, an en-tency with the guidelines and rea-to support and under normal cir-to the public benefit to be derived vironmental hnpact staternent or its sonable consistency among agencies, cumstances does or would support from their restoration or preserva-equivalent, and notice of findings and (2) make recommendadons for a prevalence of vegetative or tion.
are specified vehicica for providing suggested actions.
aquatic life that requires saturated Throughout these guldelines the information and opportunity for These guidelines are presented in or seasonally saturated soll cond!- concept of the floodplain is ex.
public participation.
Budgetary two parta. Part I provides a section-tions for growth and reproduction-pressed using varying terminology review of compliance with the Order by-section interpretation basic on an Wetlands generally include depending on the context of the dis.
and periodic review of agency proce-overall understanding of the Order.
gwamps, marshes, bogs, and simi'ar cussion. When referring to the flood.
dures by the Water Resources Coun-Part II discusses the decision-making areas such as sloughs, potholes, plain in a descriptive sense, such as cil provide for further review. In pro-process required by Section 2 of the wet meadows, river overflows. mud in the discussion of natural values viding opportunity for these reviews. Order and is critical to the develop-flats, and natural ponds ** (as de-(Part II-Step 4.C.), the term flood-the potential for withholding of ment of agency procedures. The fined in Executive Order 11990, plain refers to any land area suscep-budget approval should be mini-guidelines do not intend to prohibit Protection of Wellands).
tible to being inundated from any mized.
floodplain development in all cases, source of flooding. When referring Agency procedures are required to but rather to create a consistent gov-INTitODUCTION to the floodplain from the stand-be prepared in consultadon with the ernment policy against such develop-point of the Order's mandatory pro.
Council on Environmental Quality ment under most circumstances.
Executive Order 11988-Flood-visions, the terms used in these (CEQ), the Water Resources Council Appended to the guidelines are de-plain Management, signed May 24, guidelines are "base floodplain." in (WRC), and the Federal Insurance scriptions of agency programs pro-1977, revokes and replaces Executive most cases, and "500-year flood-Adininistration (PIA). These gulde-viding floodplain informadon, relat-Order 11296, issued August 10,1966. plain" when referring to criticial ac-lines provide a basis for this consul-ed programs and references, and the It establishes a new general policy Lions (Part II--Step 1.C.). The base tation.
President's Policy Statement and and cites specific requirements for floodplain is the area subject to in-These guidelines have been pre-copies of the complete Executive compliance by Federal executive undation from a flood having a one pared to provide broad guidance in orders, Floodplain Management, agencies (hereafter referred to as percent chance of occuring in any the implementation of the Order Protection of Wellands, and Protec-agencies). Executive Order 11988 given year (100-year flood). Tne and to offer a common point of ref-tion and Enhancement of Environ-(hereafter referred to as the Order) critical action floodplain is the area crence for each agency to prepare mental Quality.
requires agencies to avold, to the subject to inundation from a flood implementing procedures for compli-Executh Order 11990-Protection extent possible the long-and short-having a 0.2 percent chance of occur-ance with the Order The interpreta-of Wetlanas has been included be-term adverse impacts associated with Ing in any given year (500-year tions in the guidelines are built upon cause mor,i of the Nation's wetlands the occupancy and modification of flood).
a strong Execuuve Order and direct-are located on floodplains. Also, floodplains and to avoid the direct or Executive Order 11983 directs im-ed at development of demonstrable both the floodplain and wetland indirect support of floodplain devel-plementation of the Unyied Nation-Pederal leadership in floodplain orders were lasued as part of the 6
anseem aseesven. vot. 4a. seo. w-resear. eessuaar te.1978 peessat aseestem, vot. 4s seo. so-easear, reenvaav so. sore 7
NOTICES NOTICES President's Message on the Environ.
SECTION I floodlain; to ensure that its planning pro-information in determining whether ment. May 24. 1977. Thus the guld-Each agency shall provide leadership and 8
er n
fl ha de oodpla r$
ance provided in this document and shall take action to reduce the risk of the agency procedures for floodplain flood 1088 to minimize the impact of management; and to prescribe procedures to implement the policies and require-maps are establishet.* as the mini.
i management will frequentgy appgy floods on human safety. health and wel-i ed to and prve me nat-l ments of this Order
- as followh:
mum standards for making this de-to wetlands. Agencies may wish to termination. Even if no map data 5
ural and beneficial values served by Three concepts are introduced in develop a single set of procedures for floodplains in carrying out its r aponsibu-this section: evaluation. construction exists. the intent is thLt the agency proposing the action perform or these orders.
itses for (1) acquiring. managing. and dis-vs. planning programs, and imple-have performed a determination of Executive Order 11514-Protection posing of Federallands and facilities;(I) mentation. Evaluation as discussed in these guidelines goes beyond iden-whether a proposed action is located and Kahancement of Environmenlag providing Federally undertaken.
fi-QssalifF has been included to clarify tifying the impacts of a specific pro-in a floodplain. Guidance for this de-nonced or assisted c natruction and im-the pubtle notice aspects of the posal and includes an ongoing analy-termination was published in the provements; and (3) conducting Federal pEDsaAL Racisrua (Vol'977) en'itled activities and af 1
42 No 190 sis of the effects of agency policies Order.
. inc nE Priday. September 30. I t
and programs and the dcvelopment "Guidance for Ploodplain Manage-FART I-INTEltPitETATION OF ulating. and licensing activiues.
t[
~
EXECUrlVE ORDER 119118 y ou O de. ( he The basic concepts expressed in analysis of the full range of their ef-SEcrION 2(aM2)
This part of the guidelines pro. Section 1 of the Order are: (1) all fects is discussed in Part II-Step
- ides detailed section-by-section dis. agencies are covered; (2) all actions 4.A.)
By including planning pro _ If an agency has determined to, or pro-cussion of the Order as interpreted are covered; (3) all agencies are to af-grams as a separate item. the Order p ses to. conduct support, or allow an by CEQ. WRC, and HUD/FIA. Key firmatively carry out efforts to, and emphasizes that all actions, even acti n to be located in a floodplain the concepts are discussed and reference provide a good example of. sound those which do not result in a phys-agency shan consider attemauws to is made to the decision-making pe floodplain management practices; leal change. must be evaluated for *[ *d, eHects and inc mpaubte and (4) all agencies are required to their impacts to or within the flood-cess (Part II)-
head the age y inds t h y
act, not merely consider. reducing plain. Implementation means that INTitODUCTION risk. minimizing adverse impacts.
agencies must adopt and carry out practicable alternative consistent with and restoring and preserving flood.
evaluation procedures. The results the law and with the policy set forth in gy virtue of the authority vested in me plain values.
of this evaluation should be beluded this Order requires siting in a floodplain.
the agency shall. prior to taking action.
I:y the Constituuon and statutes of the The comprehensiveness of the in any environmental assessment (1) design or modify its act on in order to United ma8a of America, and as Pust-Order recogn!zes that each agency, prepared under NEPA. (See Part minimise gatential harm to or within the dent of the United States of America, in in carrying out the various types of II-Step 7.)
floodplain. consistent with regulauons furtherance of the National Environmen.
as amended (42 actions enwnerated in this section*
Issued in accord with Section 2(d) of this tal Policy Act of less'e National Flood can affect the floodplain through SECrlON 2(aMI)
Order, and (II) prepare and circulate a UAC. 4321 et ses). th I
Act of 1888. as amended (42 any of its actions. The mandate that Before taking an action, each agencF nouce containing an explanadon of why the action is proposed to be located in U
4001 et ses), and the Flood Disas-the agencies take a leadership mle shall w
er the floodplain.
ter Protection Act of 1973 (Pub. I. 93-places them in a unique position rel-234. 87 Stat 975). In order to avoid to the alive to state, regional and local major Pederal acuons significanuy af.
The major issues here include: (1) fecting the quality of the human environ. consideration of alternatives which estent possible the long and shwt term levels of government in carrying Gut ment, the evalcation required below will will avoid the floodplain, wherever adverse haracts associated with the occu-actions which affect the floodplain.
pancy and modification of floodplains be included in any statement prepared practicable, and alternatives which This role requires the agencies to under Secuen IC2(2)(C) of the National and to svold dimet w indtuct supowt M lead other public and private entitles Environmental Polley Act. This detenni-will avoid adverse effects and incom-d*"
'[
in achieving the goals of the Order nau be n g a
"Libl de i l
y or,
% al dead as fMoss.
by setting a good example. (
con-H and U which has adve Ife
) (2) r ni-cepts of reducing risk, min ng ment (HUD) floodplain map or a more misation of harm to or within the impact, and restoring and preserving detailed map of an area. If available If floodplain resulting from proposed The Introduction establishes the broad scope of the Order derived floodplain values are discussed in such maps are not avan =* the agency actions; and (3) circulation of a shall make a determination of the loca. notice ("finding")-to the general from NEPA and the flood insurance Part II-Step 5.)
tion of the floodplain based on the best public and affected agencies that legislation. (Part II-Step 4 dis-avanaw informauon. 'the Water Re-siting in the floodplain is the only cusses impacts associated with the SECTION 2 soureas Council shall Maue guidance on practicable alternative. The notice occupancy and modification of flood-In carrying out the activiues described in this infor-ame= not later than October lequirement introduced in this sub-plains and support of floodplain de* Section I of this Order, each agency ties I* 18TI-section is part of a Israer concern for velopment. Part II-Step 3 discusses a responsibinty to evaluate the potential The intent of this subsection is public notice and review carrying the practicability of alternatives.)
effects of any actions it may take in a that agencies use the beat available through to Section 4.
g resenas meessvee, vot. 4s. see.1e--#8eDaY. pensuaar te, lors ressmat essestes, vot 43, peo 2NeeseAy, PEstuaAY le,19Fe 9
NOTICES NOTICES This section does not provide a Items (1), (11), and (111) are the mini-plans and shall require land and water re-Agencies shall encourage and pro-standard for minimizing harm be-mum to be included in the notice.
sources use appropriate to the degree of vide approportate guidance to appli-c use of the great variety of actions (The notice requirements set out in
- 'd h*
cants to enable them to evaluate the and environments subject to the re-this subsection are discussed in Part te p vIst f
c un and consideration of flood hazards in the effects of their proposals in flood-quirement. Instead. the Order ex-II-Step 7.)
regulations and operating procedures for plains prior to submitting applica-pressly recognizes that it is more ap-l the Ilcenses. permits, loan or grants-in.
tions for Federal licenses, permits, SECTION 2(a)(4) propriate for agency procedures to aid programs that they administer. Asen. loans. or grants. It is important that spell this out for specific programs Each agency shall also provide opportu-cles shall also encourage and provide ap-applicants be made aware early in and activilles.
nity for early public review of any riens propriate suidance to appIlcants to evalu-their planning process of the flood-a e eitwts h
s in rims-plain management parameters Two important points should be or proposals for actions in floodplains. In g
to t
for yral lice noted about the standards to be em-accordance with Section 2(bl of Execu-W agency must consider pe its I bodied in agency procedures. First, tive Order No. I1514. as amended includ-when reviewing the proposed action.
while minimize means reduce to the ins the development of procedures to ac-In this way, applicants will not go to complish this ob)cctive for Federal ac-Each agency shall take floodplain the trouble of putting together com-smallest amount or degree, there is tions whose impact Is not signtricant management, as provided for in Sec-pleted plans and submitting them an implicit acceptance of practical enoush to require the preparation of an tion 2(d). Into account when:(1) for-formally before being made aware of limitations. Agencies are required to environmental impact statement under mulating its own water and land use the standards to which the is use all practiceNe means and mea-section lo2(2MC) of the National Envi-plans, and (2) evaluating the water subject in reviewin such sures to minimize harm. The Order ronmental Policy Act of 1949, as amend-and land use plans of others.
does not expect agencies to employ ed-Agencies are encoura ed to ref r p-In the operation of a license. plicants to the agencies listed in Part unworkable means to meet this goal.
This section requires public notice permit. Ioan, or grant-in-ald pro-II-Table I for guidance on flood-Second, agency procedures are in-much earlier than the finding re-gram, each agency must make ade-plain rnanagement matters' tended to be consistent with the quirement. including notice for ac.
quate provision for the evaluation standards in the Flood Insurance tions which do not require environ.
and consideration of flood hazards.
SECTION 2(d)
Program of the Federal Insurance mental impact statements. (The These provisions shall be included in Administration (FIA).
I%r this notice requirements set out in this agency's regulations and procedures. As allowed by law. each agency shall reason. agencies are required to con-subsection are discussed in Part II-When the action involves more than lasue or amend existing regulations and sult with FIA before issuing their Step 2.)
one Federal agency, the "lead procedures within one year to comply procedures. and agencies with con.
agency" will be responsible and will O
p shal trol over Pederal property are re-SECTION 2(b) obtain input from all agencies. In all eram for Pioodplain Management of the quired to follow the standards in fg Water Resources Council. and shall es.
~
Any requests for new authorizations or mizati n,,
FIA's regulations unless they are de-appropriations transmitted to the Office
"**"" ** ""d ""' ***"** "III of Section 2(a) of the Order ppl. empiy to pursue the nonharazardous monstrably inappropriate-of Management and Budset shall indi' (Avoidance is discussed in Part II-cate, if an action to be proposed will be Therefore. as a pre-condition for an use of riverine, coastal and other flood-Steps 3 and 4. Minimization is dis-located in a floodplain, whether the pro-agency's approval of an application plains in connection with the activities cussed in Part II-Step 5. Findings posed action is in accord with this Order.
for a license. permit. Ioan, or grant-under its authority. To the extent poest-in-aid, the agency must assure that ble, e:-isting processes, such as those of and public notice are discussed in This subsection complements the the requirements of Section 2(a) the Council on Environmental Quality Part II-Steps 2 and 7.)
pubile review element in the Order have been met. To the extent that and the Water Resources Council, shall (Subsections 2(a) (2). (3), and (4)). Il an agency deems the requirements be utilized to fulfill the requirements of SEGON 2(am provides for Federal review ani of Section 2(a) n6L to constflute ade-this Order. Asencies shall prepare their For programs subject to the Office of raises the possibility that agenc3 quate provision for evaluation and procedures in consultation with the Manesessent and Budset Circular A-96 funds may be withheld from pro consideration of the flood hazard. Water Resources Council, the Pederal In-the agency shall send the notice, not to posed act!ons which are not ir the agency shall impose additional surance Administrauon. and the Council succed three pases in length including a accord with the intent of the Order requirements.
"D 878"C 8Mnmental Quainy, and shall on nametaan map. to the state and areawide pMCedure8 8s necessary "In accord with" means in compli The f'aod hazard aspects and to A-96 clearinghouses for the scographic ance with the policy and mandator, the degree they are quantifiable, the Agency regulations and procedures provisions (the letter and spirit) o' floodplain value aspects should be will systematically address each sec-it) the reasons why the action is proposed to be located in a floodplain; UD a state-the OrdeL expressed in terms of: (1) potential tion of the Order, and their proce-(or residuals) for monetary loss; (2) dures will define the extent to which or flood SECTION 2(c) human safety. health, and welfare; responsibility for co npliance is to be plain protecuon standards and ulu a list (3) shifting of costs or damage to delegated by the agency head.
of the alternatives considered Asencies Each agency shall take floodplain man others; and (4) potential for affect-Each agency is to reflect the con-shall endeavor to allow a brief comment asement into account when formutatin ing the natural anJ beneficla! flood-ceptual framework of floodplain persod prior to takins any acuen.
or evaluating any water and land un plain values.
management as set out in the Uni-10 enesent emessnes. vot. 4a. seo. so-pessar, peesumer se. sore ressmat meesstem, vot. 43, seo. ze-eassay.,seevaar se, more 11
NOTICES NOTICES
~
ficd Naffonal Program for flood consultation will. of course, include motion, such as appendices identify-dermined by the actions of the Fed-Pirin Afanagement in its regulations any lasue relevant to compliance ing the agency contacts in Washing-eral agencies. Bcth the positioning and procedures developed in re-with the Order. WRC will be the ton and in the field who are priact-of the reference to the NPIP re-sponse to provisions of the Order. point of contact. and will arrange for pally responsible for implementing quirements following the avoidance Floodplain management according consultation as needed with an Inter-the Order. cross-references to other and minimization responsibilities set j
to the Unified National Program has agency panel including members relevant agency procedures and out in Section 2. as well as the em-as its goals the "wise use, conserva-from the three agencies cited. Con-manuale, and other material that phasis on the NPIP as the mini-i I
tion. development, and utilization of tact WRC Policy Office. 202-254-will assist agencies and the public to mum, is most significant in that it interrelated land and water re-6352, for arrangements. Each agen-understand just what the agency is recognizes the precedence of the re-sources to serve objectives of eco-cy's procedures should identify those doing to comply with the Order.
quirements of Section 2 and limited
- r. omic efficiency, environmental actions. If any, which: (1) typically scope of the NFIP requirements. Of j
gaality, and social well-bcing as con-do not create adverse effects or in-the three areas of concern which the I
emant with responsibilities compatible development, or (2) nor-SECTION 3 Order addresses (minimization of l
- 1his concept requires that the flood-mally will not require specific l
In addition to the requirements of Sec-harm to lives, property and flood-j p!ain be viewed as having a role to agency and public review under the Lion 2. asencies with responsibilities for plain values). the NFIP require-1 play in the future of its surround-Order.
Federal real property and facilities shall ments are primarily directed towards j
ings. Within it, further adjustments To ensure that the public will be take the following measures the protection of property. Thus, an i
l in the way floodplain land is used or informed of agency procedures, the 1
in the way floo:Is behave must be proposed agency regulations and The requirements of this section agency's application of the NPIP re-j made in a manner that is supportive procedures should be published in of the Order are supplemenfal to quirements to proposed actions does j
cf this future. From the standpoint the PsnanAL Rastarum within a mini-those of Sections 1 and 2 and mast not comprise full compliance with of this Order, the Federal posture in mum 30-day review period provided.
be met by agencies having responst-the minimization responsibilities of floodplain management would be However each agency must consult blHues for Federal real property
- the Order.
I one of overcoming the apparent in-with CEQ. WRC and FIA prior to The standards and criteria of the NFIP are directed towards the pro-
)
ertia in environmen'.al value recogni-making procedures available for SECTION 3(a) tection of structures and facilities j
tion when the appropriate flood-public review or prior to publishing from the flood hazard and the pro-plain role is being determined, as them in the PEDERAL Rectsrum, g
The resulations and procedures e**
11shed under Section 2(d) of this Order tection of existing development from well as one of avoiding hazardous Agency regulations or procedures the effects of new development.
J and uneconomic uses as part of this should include relevant material in shall. at a minimum. require the con-Under the, NFIP, residential struc-l future role. The term ** uneconomic" the following areas- (1) mechanical of[deral ructures facill-g also includes the concept of costs requirements that an agency will use a
i shifted by floodplain users to others, to meet the procedural requirements dards and criteria and to be consistent quired to be elevated to or above the with the intent of those promulsated base flood level-Nonresidential both directly and indirectly-of the Executive Order, such as a
under the National Flood Insurance Pro-structures may be elevated as de-1 In order to comply with the re-timing, routing of documents, prep-sram. They shall deviate only to the scribed above, or floodproofed water-quirement that the means to be em-aration and circulation of findings extent that tb* standards of the Flood tight to or above the base flood i
ployed to pursue nonhazardous use and notices, and specific links be-Insurance Presrum are demonstrably in-level Fbr the protection of existing l
be identitled. each agency will be re.
tween the Order and other planning appropriate for a stven type of structure development, the NFIP standards quired to assess the degree of hazard decision-making processes and re-or facility-and criteria rely on a regulatory i
associated with its program activities quirements (e.g budget process.
There are three key concepts ex-floodway (see Ginemary).
I under a possible range of flood con-NEPA. P&S.A-95); (2) substantive pressed in this subsecthn- (1) the re-Under the NPIP, actions involving i
didons. Then the agency must state requirements. such as the standards ladonship of the NFIP requirements the placemnt of facilities are sub-I the specific kinds of actions or ad-for determining which alternatives to the Order's minimization require. Ject to the requirementa that the cu-Justments that would be employed are practicable, and the criteria and ment; (2) the scope and nature of mulauve effect of the proposed i
to comply with this section.
methods for minimizing harm (using the NFIP requirements; and (3) situ-action, when combined with all ex-1 To the extent possible, agencies FIA regulations as a guide wherever allons where the NFIP requirements lating and anticipated development.
l will utilise existing processes estab-applicable): (3) policy df rection. such are not applicable to the agency ac-will not increase the water surface i
lished under the NEPA directives of as locorporation by reference of the tions.
elevation of the base flood more CEQ and WRC's Principles and Executive Order. Unified Program.
The intent of this subsection is than one foot at any point within 2
Standards in addidon to these guide-NEPA. and other relevant require-twofold; first, to assure that the Ped-the community wherein the action is I
lines.
ments; general policies on the agen-eral government will require itself proposed It should be noted tnat i
Each agency shall consult with cy's appacach to implementing the no less than it requires of non-Peder-the NFIP's one foot stage rise stan-
^
WRC CEQ. and FIA in the prepara-Order program-specific policies; and al enuties for the protection of prop-dard is a minimum standard, and don of their regu ations and proce-commitments to research monitoring erty from flood hasards, and second. more restrictive stage rise standards
}
dures in response to the Order. This and evaluation; and (4) other infor-to assure that the NFIP is not un-that are in effect in States ara local l
}
12 passem sneense, vot es, eso. zusar. ressumer se sers passem assesses. vot es, seo. so--eessay, possuaar a wo 13 I
NOTICES NOTICES communities take precedence over major improvement. In most cases a SECTI()N 3(c) provide for the identification of the NFIP standard as set out in Sec-market value threshold has been l
tion 1910.l(d) of the NFIP regula-relied on which varies from 50 per-If property used by the general public those uses that are restricted, and Lions.
cent to 80 percent of the pre-im-has surrered nood damage or is located in how they are restricted under state an identifled flood hazard area, the re.
and local floodplain regulations.
This subsection allows deviation provement value of the structure or sponsible agency shall provide on strue. Such restrictions are generally set from the NFIP requirements only to facility (see, for instance. the NFIP tures, and other places where appropri. Out in state shoreline or coastal the extent that its standards and crt* definition of substantial improve.
ate, conspicuous delineation of past and management plans or regulations.
teria are demonstrably inappropri-ment (24 CI4E 1909.1). In the case of probable flood height in order to en-local plans and building codes, i
ate ** for a given type of structure or major improvements, agencies are hance public awareness of and ILnowledge zoning and subdivision ordinances. If facility. Where this can be demon-about Dood hazards.
offered an opportunity to compen-no such restrictions exist, the agency strated the proposed structure or fa-sate f0r previous siting and design The conspicious delineation of past must note this when it implements cility must satisfy the requirements decisions which did not reflect the and probable flood heights is re.
the finding and public notice proce-of Section 2. and must not endanger existing development. encourage de-intent of the Order. In meeting the quired on property which has been dures (see Part II--Step 7). Then it velopment which would result in responslbillty to apply the Order's or e uld be subjected to flooding and still must. satisfy etfAer 3(dX2) or harm to or within the floodplain, or requirement to existing structures, is used by the general public. This 3(d X3).
itself be vulnerable to flood damage. the agencies shall consider whether delineation respons*bility applies to Under Section 3(dX2), the agencies the proposed action would: (1) result all types of property (land, strue. are required to provide appropriate tures and facilities). Agencies must restrictions to the uses of properties SECTION 3(b) in an increase in the useful life of identify in their regulations and pro. by the grantee or purchaser and any the ntructure or facility in question; If after comp!!ance with the require-cedures the areas where this require-successors. which would augment (2) maintain the investment at risk ment will be most effective in mini. those restrictions referred to in fact ths and the exposure of lives to the mizing the adverse impacts of floods. (dXI) above, or if none. edequately es a floodplain, accepted floodoroofing and flood hazard; or (3) eliminate an op-especially on human safety.The 100- stand on their own. For the purp%e other flood protection measures shall be portunity to restore the natural and year flood level and the flood of of,this Order, the term appropsi-applied to new construction or rehabilita-beneficial floodplain values.
record should be shown where avail. ate-as it refers to restrictions.
tion. To achieve flood protection, agen-Accepted floodproofing measures able. The 500-year flood should also means restrictions equal in scope cies shall. wherever practicable. elevate for structures are defined under the be shown where appropriate.
and strictness to those of this Order.
structures above the base flood level NFIP regulations and are set out in Since the property in question is 10-rather than fttling in land
- SECTION 34d) the discussion under Subsection 3(a).
l cated in the floodplain, then the The key concepts in this subsec-above. The Order further limits When property in floodplatna is proposed agency must assure through these Lion are: (1) requirements for new what constitutes accepted flood-for lease, easement, right-of-way. or dis-restrictions that harm to lives and construction and existing structures; proofing for structures through ad.
posal to non-Federal public or private property and to floodplain values is (2) accepted floodproofing measures ditional language in this subsection i
parties, the Federal agency shall (1) ret-Identified, and such harm is mini-j and other flood protection measures; which requires that wherever prac-l crence in the conveyance those uses that mized and floodplain values are re-j and (3) the requirement to achieve Licable. ail structures shall be elevat-are restricted under identified Federal, stored and preserved. Section 3(dM2) i State. or local floodplain resJations; and recognizes that these additional re-flood protection for structures-ed usin/ open works, e.g columns.
(2) attach other appropriate restrictions strictions need not be appIled to the wherever practicable, without the walls, plies, piers, etc-. rather than to the uses of properties by the grantee conveyance where prohibited by law.
use of fill.
fill (see Appendix B ).
Accepted or purchaser and any successors, except Section 3(dX3) requires that where For the purposes of the Order, the floodproo!!ng measures for facilities where prohibited by law; or (3) withhold term **new construction
- includes a* agency cannot or does not choose construction associated with: G) new vary considerably, since the scope of such properties from conveyance.
to meet the requirements of either structures and facilities; (2) the re-the term facility. as defined in the Three requirements are set out for 3(d) (1) er (2). or both, it is prohibit-construction of existing structures Glossary, is extremely broad. Flood-agencies which dispose of Federal ed from making the conveyance.
and facilities following damage proofing measures for certain types properties (land, structures er facili. Even where the option is open to caused by fire flood or other hazard; of facilities, e.g sewer interceptor ties) In the base floodplain. Of these meet 3(d) (1) or (2), withholding the and (3) the improvement of existing lines and other types of piping, and three, the agencies must meet both conveyance may be the most appro-structures and facilities by rehabill-ridges and roads have been dercl.
requirements 3(dXI) and 3(dX2), or priate app oach to meeting the tation, repair, alteration or addition. oped, and are fa nillar to agencies they must meet Section 3(dx3). Order's intenL Where, for instance, The application of the Order's re-having responsibilltIes in those That is, if both 3(d) (1) and (2) the existing use is not compatible quirements to existing structures is areas. Other flood protection mea-cannot be satisfied, or if the agency with the intent of the Order, or the emphasi:cd in this section.
sures including warning and evacua-g g
Floodplain management ap-tion plans, etc. are discussed in the then the property must be withheld meaningful floodplain management from conveyance.
requirements, withholding the land proaches have in the past set vary-Untffed National Program for flood Under Section 3(dx1). the agen-or facility from conveyance may be ing thresholds for what constitutes a Plain Management cles* regulations or procedures must required.
14 PtoEGAL StGt$ rte, vot. 43, too. 29-feWAY. PteeUAav 10. 1978 j
recetal Stetlitt. Vol. 43. 800. 29-peWAY, PeteUnaY to 1978 IS
NOUCE5 NOUCES This section makes it clear that stitutions conducting such transac-(b) The term "base flood" shall mean of situations as those sections spe-each agency now has a mandate to tions, then it is the agency's respon-that flood which has a one percent or cifically cited in the Order, are clear.
condition or withhold the convey-sibility to require that the institu.
greater chance of occurrence in any given ly within the meaning and intent of ance of Pederal property, unless a tion provide the requisite notice.
year.
specific law expressly prohibits such The private parties must be in.
(c) The term "floodplain" shall snean Section 8. and therefore are subject activity ~
formed of the hazards of locating in the lowland and relatively flat areas ad.
to the same interpretation.
the base floodplain. Such notice Mining inland and coastal waters incM SECTION 4 should be given in a way which: (1)
Ing floodprone areas of offshe e islands, SECrlON 9 In addition to any responsibilities under exp na e c ances og including at a minimum, that area sub-To the extent the provisions of Section ject to a one percent or greater chance of this Order and Sections 202 and 205 og flooded in language readily under-2(a) of this Order are appIlcable to pro-flooding in any given year.
the Flood Disaster Protection Act of standable to the private party;(2) in-Jects covered by Section 104th) of the 1973, as amended (42 UAC. 4 06 and dicates if the property is in a flood-The terms "agency " "base flood'" Housing and Community Development 4128). agencies which guarantee, ap-way or coastal high hazard area; (3)
- am defined in the Act of 1974. as amended (88 Stat. 640. 42 prove. regulate. or insure any financial indicates if there is a flood insurance Glossary The 100.Ycar floodplain is U.S.C. 5304(h)). the responsibilities under transaction which is related to an area 10-purchase requirement; and (4) Indl-used as the base or minimum flood-those prowlsions may be assumed by the cated in a floodplain shalt. prior to com-cates if the transaction involves the plain for these guidelines.
appropriate applicant, if the applicant has also assumed. with respect to such paeting action on such tr - ~ *^" sale of unimproved real estate, that projects, all of the responsibilities for en.
Inform any private parties participating the property may be subject to in the transaction of the hasares of locat-SECTION 7 varonsnental review. decisionmaking. and floodplain management regul&Llons action pursuant to the National Environ-Ins structures in the floodplain.
which dictate the manner, and in Executive Order No.11296 of August 10 mental Policy Act of 1989 as amended.
This section applies to the Federal some cases the location of new con-noes. As hereby revoked. All actions. pro-This section allows units of general Housing Administration the Veter-struction.
cyed res anjd e{un purpose, local government which ha y
ans Administration, and me six agencies enumerated in the Flood effect until modified by appropriate au-may assume the status of Federal Disaster Protection Act of IM3: the SECTION 5 thority under the terms of this Order.
agencies for purposes of NEPA com-pliance under the HUD Community Board of Governors of the Federal The previous Executive Order
'Ih*
shall Development Block Grant (CDBG)
Reserve System, the Federal Deposit
[**h tj 11296 la revoked, but agencies are al-a Program to assume the responsibil-Insurance Corporsuon. the Comp-I wed to operate under existing pro-Ity for carrying out the provisions of w ty and w the m h troller of the Currency, the Federal Council on June 30. 1978 regarding the cedures until they can be revised to Home Iman Bank Board, the Federal status of their procedures and the impact reflect this Order. At the latest, this Section 2(a) of this Order for specif-ic projects under CDBG as part of Savings and Iman Insurance Corpo-of this Order on the agency's operations.
revision must be accomplished by their overall NEPA responsibilities.
ration, and the National Credit "Ihereafter, the Water Resources Council May 24. IM8.
Thus, the provisions of Section 2(a)
Union Administration (to the extent sha!! perkheHy evaluate agency proce-
. that an Executive Order may be dures and their effectiveness.
SECTION 8 of this Order will be carried out in conjunction with NEPA compliance, binding on them). Other agencies Agencies may be called on to fur.
Nothing in thus Order shall apply to as-and one responsibility may not be as-that have responsibilities similar to nish documentation covering revi-sistance provided for emergency work es-sumed without the other also being thcee described in this section are alons or special applications of proce.
eential to save lives and protect property assumed by a grantee. Compliance also subject to its requirements. The dures in years subsequent to IMS.
and public health and safety, perfomed with Section 2(a) of the Order will notice requirements of this section WRC will involve interested and af-pursuant to Sections 305 amt 306 of the be completed prior to the grantee *s are in addition to the other responsi-fected agencies in the review.
d bl974 (as Stat.14a. certification of compilance with bilities of these agencies under the NEPA.
3 Order and under Sections 202 and l
Although Section 8 exempts flood-206 of the Flood Disaster Protection SECTION 6 7
related and other emergency activi-PART II-DECISION-MAKING Act of IM3, as amended (42 U.S.C-ties "essential to save lives and pro-PitOCESS 4106 and 4128).
As used in this Order:
tect property and public health an<t This section covers any financial (a) The tem "agency'* shall haw the safety" from the provisions of the This part of the guidelines is struc-transaction guaranteed, approved, same smeaning as the tenn heutlw regulated or Insured by a Federal agency" in Section 105 of Title 5 of the f
Order. (e.g the requirement to pre-tured in eight steps to reflect the de-pare and circulate n.otice of proposed cision-making process (Figure 1) re-United States Code and shall include the military departments: the directives con-activity), it doesn t exempt them quired in Section 2(a) of the Order agency which is and which pertains to an area located in a floodplain. If tained in this Order, however, are meant from the spirit of the Order ex-an agency does not operate on an in' to apply only to those agencies which pressed in Section 1. Activities under dividual transaction basis with prl-perfona the activities descrioed in Sec-portions of legislatively directed
- 1. The first step of the decision pro-wate parties, but rather guarantees. tion 1 which are located in or affecting emergency programs. (e.g under cess is to determine if a proposed approves, regulates or insures the in-floodplains.
P.L. 84-99), covering the same kinds agency action is located in the base
- 16 pusemat meessvaa, vot. 43. eso. so-semar, ressuaar se. sors
,mmanas meessvaa. vot. 43. seo. zomy. eseaunar so. i,re l'1
NOTICES NOTN'E5 floodplain. (As reflected in Figure 2 support. the action can be imple-the base
- floodplain is the 100-year mented. Step 8.
DECISION-MAKING PROCESS FOR E.O. 11988 flooJplain. Also, the term 500-year FM i
- 5. If the proposed action has identi-floodplain should be substituted for fiable impacts or support, these ef-fects must be minimized. Further.
STEPS ULIERMINE IF PROPOSED ACTION see St p
.) This di n en -
na ural and heneficial floodplain 1.
g4
!$ IN DE 8ASE* FLOOOPLAIN fles various types of floodplains :'nd values must M resMM and p their boundaries. If the proposed served.
action is not in the base
- floodplain, proceed to Step 4.
- 6. The proposed alternative can now t,e reevaluated taking into account y
- 2. The agency must make public its the identified impacts, the steps nec-IDENT FY & EVALUATE ALTERMATIVE5 intent to locate a proposed action in essary to minimize these impacts 3.
TO LOCATING IN THE 8ASE* FLOOO?tAIN lNO ACTIONI the base
- floodplain. This notice and opportunities to restore and pre-g g
must provide a description of the serve floodplain values.
IN THE BASE
- NOT IN 6ASE*
y proposed action with ample lead In the base
- floodplain
- If this reeva-FLOOOPLAIN FLOOOPLAIN F
time for meaningful input from the luation shows that the proposed DOE 5 THE ACTIO4 HAVE public.
action is no longer feasibic, consider IMPACTS IN THE 8ASE*
limiting the action to make a non.
V FLO00 PLAIN
- 3. If the action is in the base
- flood-floodplain site practicable or taking
- 4. IIDENT;FY IMPACT 5 0F PROPOSED ACTION C l
plain, the third step is to identify no action.
DOES THE ACTION and valuate the practicable alterna-Outside (Ac base
- floodplain If the tiges to locating in the base flood-FL 0
NT action has impacts or support, con-y plain. This determination requires sider modifying or relocating the
- 5. I MINIM LIE. RE510RE AND PRESERVE l the agency to consider whether the action to eliminate or reduce these base
- floodplain can be avoided effects or taking no action.
V either through alternative siting *.
through alternate actions which
- 7. If the agency head finds that the
- 6. I REEVA.UATE ALTERNATIVE 5 '
=WO ACTION l would perform the intended func. only practicable alternative is locat-Ik THE BAS tion but would minimize harm to or ing in the base
- floodplain. public ptogopty,E*
l LIMIT ACTION - RETURN TO STEP 31 within the floodplain; or by taking notice of the reasons must be given no action.
for this finding (including the alter-4 natives considered).
- 7. IFINDINGS AND PuBLIC EXPLAttATIONI
- 4. For the proposed alternative, the
- 8. After a reasonable period to allow agency must identify if the action for public response, the proposed has impacts in the base
- floodplain action can be implemented.
8.
M IMPLEMENT ACTION M or directly or Indirectly supports Note that depending on the situa-floodplain development that has ad-tion, this process may be carried out ditional impacts. If the proposed with fewer steps if all of the objec.
- FOR CRITICA. ACTIONS SUBSTITUTE "500 YEAR
- FOR "8ASE*-
action is outside the base
- floodplain Lives of the decision-making process and has no identifiable impacts or can be achieved.
STEP 1-1)ETERMINE IF A PHO-1.A. Types of Floodplain a
POSEI) ACTION IS IN TIIE HASE FIAM)l)- PLAIN The general types of land area I
The first step in complying with where flood hazards are encountered I
the Order is to determlae whether are riverine floodplains and coastal I
or not a proposed action 18 located in floodplains. The term floodplain is the base floodplain. This procedure not limited only to areas surround-was published in the FEDERAL Racis-ing large bodies of water such as Tra (Vol. 42. No.190. Friday. Sep-coastal areas and the shores of large tember 30. 1977). The following dis-rivers. In this document. the term cussion includes types of floodplains floodplain refers to any land area (l.A.), limits of flooding (l.B.) and susceptible to being inundated from critical action (1.C.).
any source of flooding including 18 essesAt neomen, vot. c. No. 29-eaeAr, retaWARY 10. 1978 eseesAt SeOMen. Vol. M. No. 29-eteAY, eeSSUASV IO. 89FS I9
i NOTICES NOTICES those which can be flooded from tions where high velocity flow causes u,p' l
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small and often dry watercourses, flood-related crosion. In other areas fy
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Small watercourses can become where sheet flow has high velocity.
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sources of major flood damage when sheet flow crosion may occur. Un-l o :jjji !Q m
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g their watersheds experience rapid usually high waves and tides are the
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l l ! hf 8 glf ilI runoff from intense rain or melting most frequent agents of coastal ero-
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snow. At some locations the flood sion. Ice also contributes to structur-g',I h' j li I l,gl glij l [ l I' Ilqk))~l*
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Si al hazard results from several sources.
al damages. Land subsidence may 88 e 2
Aggravating factors contribute to occur with extensive withdrawals of 8
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the flood hazard in many riverine, ground water or other substances 7
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NAME 0F COMMUNITY I
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20 Feoesat neoisun. vot. 43. No. me-seWAY, PeteUARY 10. I,pg recetAt treemt. Vot. 43. NO. 2+-feIDAY. FeeeUARY 10. 1978 21
NOTICES MMS 1.A.I. RIVERINE FLooDFLAINs I.H. Limits of Flooding x
Riverine floodplains are valley For purposes of the Order. all
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N areas adjacent to any size stream or river which can be covered by flood-agency heads will be concerned at a 4
minimum with the floodplain area waters (Figure 2). Floodir:g in these which would be inundated by a flood
$s areas results from excesalve rainfall.
e--
snowmelt. or a combination thereof. having a one percent chance of oc-L
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curring in any year-the so-called g {Q g % ', q n-Q If runoff is increased to the point that the carrying capacity of the "100-year or base flood"-because c:
channel is exceeded, flooding occurs. they must support any decision to Flooding also occurs when the capac-conduct, support, or allow an action
/
- g lty of the stream channel is reduced (1 e.. "structure"N"facility" or "activ-ity") to be loca within this area.
by natural obstructions (ice or debris
,N dams, sediment, and vegetation) and The pictorial glossary (Figure 2) de-h.
man-placed obstruction (structures picts and defines the 100-year or f.
I
's QJ Z
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1 and facilities). Some areas flood base floodplain and other portions N
u.L'L v n-either from tributary stream over-of floodplains. The base floodplain is
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flow, backwater from a major delineated by Zone A on the exam-s N stream, or from both simultaneous-ples of flood insurance maps shown j
ff ty, in Figures 3 and 4.
/f Within the base floodplain, ex-
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1.A.2. coASTAI. FIhoDFW INS treme hazard is associated with
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Coastal floodplains border lakes, those portions of riverine and coast-
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h estuaries, oceans. or similar bodies of al floodplains nearest to flood a
.b' 1 '
' 4 standing water (Figure 2). Flooding sources, where depths and velocities V"
in these areas is due to landward of flood waters are greatest. These I
flows caused by unusually high areas are usually referred to as a s
f tides, waves from high winds, storm "floodway" and "coastal high hazard h
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surges, tsunamis (large waves in the ares", and with few exceptions, are sea associated with very I,trong locations to be avoided. These are
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earthquakes or (',her impulsive dis-the floodplain areas where flooding turbances). or by a combination of la not only most frequent and dam-these causes.
aging, but where natural and beneft.
WN cial values of the land and water in-N 3.A.s. sFECIAL FLooDFLAIN AREAS terface are at their maximum.
Special floodplain aress encompass In addition. agency heads should sheet flow or shallow flooding areas. consider the implications of the oc.
Itf tp wetlands, and sinkholes. Sheet flow currence of a flood larger than the
, s h;d
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$1
- l occurs where a clearly defined chan. base flood on the economics and g"i
',h'ti nel is absent and where the path of safety of a proposed floodplain tu i
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I flooding is unpredictable and inde. action. If a proposed action would be 8
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l terminate. In some cases, high veloc. especially dangerous when exposed b 3 ls gi,,
gag I I
3 1
ity flow may occur with sheet flow. to larger floods. consideration must
s j 'Il b8
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- g 'g[f h "TM t 8 as it does commonly on debris cone be given to the larger floodplain 2
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floodplains (alluvial fans). These area. (See Step 1.C. "Critical Ac-
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, l gI cones build up from eroded geologi. tions".) Herein, such larger flood.
3 = l" cal debris that is carried by moun-plains are identified as those of a r
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,d tain streams and deposited when the flood with a 0.2 percent chance of stream encounters an abrupt de-occurring in any year-the so-called crease in slope. Other flood prob. "500-year flood"-shown as Zone B lems are caused when development on the Flood Insurance Rate Maps
=
NAME OF COMMUNITY occurs in areas drained by sinkholes lasued by the Federal Insurance Ad-l fisse satsas asassaar mar m
which often become plugged.
ministration. Iarger floods are also 22 peoneAt RGenita. VOL. 43. No. 29-peseAY, PetauAav 10. 1978 P900EAL 3904TER, Vol. 43. No. 29-feIDAY. PeteUAay 30,197e 23
f NOUCES NOTICES used to delineate floodplains in flood showing the elevations and bound-t own floodplain studies when slon involves an area or location hazard studies by other agencies, artes of the "100-year" (Zones A and needed.)
1 (Examples are the Standard Project V) and "500-year" (Zone B) flood-within extensive Federal or State Flood (SPF) used in the U.S. Army plains are known as "Flood Insur-e If an approximate boundary map Corps of Engineers' studies, and the ance Rate Maps"(FIRM). A sample (FHBM) is not available or if the holdings. It is unlikely that FIS re-Maximum Probable Flood (MPF) is shown as Figure 3. Such maps map does not delineate the flood ports and FIRM or FIIBM maps would be available. In this event in-used in Tennessee Valley Authority have been published by the FIA for hazard boundaries in the vicinity formation should be sought from (TVA) studies which are computed over 1.300 communities and maps for of the proposed site-seek detailed the land administering agency from basin runoff potentials rather more communities continue to be information and assistance from before information and/or assistance i
than through statistical analyses of published for FIA's program to pro-the agencies listed in Table 1.
is sought from the agencies listed in i
flow frequencies.) In summary, the vide maps of all flood prone areas by e If the agencies listed do not have a
none M Unese agencies key question Is-How does the agency 1983. Many of the communities or know of detailed information has information or can provide assis-decision-maker ascertain if his deci. which have a FIRM also have a and are unable to assist in deter-n e.
e se ces i an exmlenced i
slon involves a floodplain location. Flood Insurance Study Report (FIS) mining whether or not the c nsulting engineer should be ro-particularly a site within the flood-containing detailed flood informa-posed site is in the base fl j
plain of the one percent chance Lion. Some 13.000 less detalled maps plain-seek the services of a 11-gjogg showing the approximate areas of censed consulting engineer experi.
s.a.s. raocawnss ir s TE ts our or l
the base (Zone A) floodplain are enced in this type of work. The mE sASE MoDPLAIN
{
t.D.I. PRoCsDURss FOR DETEaMINING a available for most of the remaining quality of information obtained communities These are called wm m ww% eneneer must Mhhw=aww Ft.coDFLAIN LOCATIoM "Flood Harhrd Boundary Maps be comparable to that required of floodplain as shown on either the i
i The Order states that "this deter. (FHBM). A sample is shown as flood insurance study contractors FIRM or FHBM would meet the minailon shall be made according to Figure 4. Similar informat some for the FIA. A list of experienced minimum requirements and no fur-l n Department of Housing and Urban very detailed is also availab ran consulting engineers from which a ther action is require.1 for compli.
Development (HUD) floodplain map selecuon can be made may be pro-ance with the Order, unless the 1
or a more detailed map af an area, if Te fl baza nfor-vided by the agencies in Table 1.
acdon impacts the base floodplain
)
evallable ** Two cautions are suggest-mation should follow the sequence Areas of Predominantly Federal plain development (Step 4.A.). or is a l
ed in using flood insurance maps- (1) below.
(Step 4). Indirectly supports flood-they generally do not delineate por-and State Land Holdings-If a dect-critical action (Step 3.C.).
tions of the floodplain less than 200 e The detailed map (FIRM) or the Flood insurance Study (FIB) i feet wide where headwater flooding j
InaY be a concern, and (2) possible report should be consulted first.
Information on how to request adverse consequences from future
}
urbanisation are difficult to infer single maps. FIS reports, and how T. sos a.-so.rres attroodpres sgror rion and teen = ces ass >rance service,for j
from the maps Thus, technical as-to be placed on the FIA malling deternitasma macrAcr a socation e, = a /tomspress f
sistance may be desirable for inter-list to receive new or revised preting flood insurance maps. In ad-FIRM's. FHBM's, and FIS reports Ction, decision-makers seeking flood la detailed in Appendix A.
' * ~ ' "
.aa,,wu.
insJrance maps may find them un. e If a detailed map (FIRM) is not
"*"i c-i.:
- T "". N cvallable for areas of extensive available-obtain an approximate public land holdings.
boundary map (FHBM) from the aw.t
., 4,, w
.,,u e m.u s.r.
The following is a tuide for obtain.
same source as in the preceding Dtwetc
- ',O'.a.C*'** d ",", **= g i
ing the floodplain information step. If the proposed site is at or needed to make a determination.
near the "100-year" boundary, if W y =eue.
As am 3
aa ure omm i
Areas of Predominantly Pritrafe data on flood elevations are Land Osamership If a decision in.
needed, or if the map does not de-C-
1.euwt r
,.a ii u ~.-
~
i volves a publicly or privately owned lineate the flood hazard bound.
I site within an area of predominantly artes in the vicinity of the pro-O. n.w+wy g
g sw aw A
private ownership, a map showing posed site-seek detailed informa-
[T,,,,,V*"'Quweur_
J the flood hazard areas will usually Lion and assistance from the agen-be evanahle from the National Flood cles listed in Table 1. (There are a
n aw.r a nn o-i Insurance Program administered by additional agencies with profes-v.w. tran si.i. e. si.s.
j the Federal Insurance Administra-sional competence not listed in
, - ~ " * * -
tien (FIA). HUD. Detalled mapa Table 1 which can perform their 1
2 YN N. N. ssMv, My $$, j$73 J
rossmat essesses. vot. u. seo. so-assoar my g ny, 3
i.
i l
NOTICES NOTICES I.a.3. FRoCEDUaEs IF SITE IS IN be avoided. the next responsibility ence. including specific segments that a plan or proposed action or its THE BASE FLOODPLAIN (Step 2) is to provide an opportunity to whom public notice information alternatives will impact a floodplain.
If the location is within Zones A or for public review and comment on will be targeted (e.g., floodplain then it should be announced as early f
V as shown on a FIRM. or in Zone A the proposed floodplain location.
g residents, elected officials, basin as that is known. and not delayed P
EARLY PLIBLIC REVIEW I
residents, interest groups, other until much more detailed informa-on a PHBM, as verified by otier de-talled information, alternative sites g
agencies, etc.). The responsibility Lion is developed.
Outside of these zones and alterna-Early public review is one of sever.
is to reach as broad an audience as It is recognized that variations in Live actions are to be identified and al requirements of the Order direct-possible.
program types will determine the evaluated (Step 3.) in an initial at.
ed at the objective af public involve _
earliest time in the floodplain dect-tempt to avoid the floodplain.
ment. It should be considered in the e A description of the vehicles or sion-making process when the public 4
context of the whole public involve-public Information mechanism can be notified. Por example, in the which will be utilized to reach the case of a private developer applying ment process' ve of public involve-target audience (e.g., public hear-for a permit to construct a housing LC. Gtical hims The objecti As indicated previously, the mini-ment is to provide sufficient infor-ings. newsletters. workshops, advi-complex with floodplain impact. the mum floodplain of concern for cer-mation early enough in the process swy pom C. ne responsh earHest public notice may not come tdn critical actions is the area sub-of making decisions affecting flood-ity is to prcvide onlinuoas inter-until a point very late in the deci.
ject to inundation from a flood plains so that the public can have action and involvement opportuni-sion-making process. At that point.
ties r the public during the the only options may be no project.
having a G.2 percent chance of occur-impact on the decision outcome. The l
ring in any given year (500-year order includes requirements that the I dplain decision-making pro-or the project as designed and pro-cess.
floodplain). This floodplain includes public be provided adequate infor-ln
~
ty su ap eg o both Zones A and B as shown on mation, opportunity for review and e A description. of the purpose for wastewater treatment facility re-FIRM's. Critical actions are those comment and an accounting for the which various public notiae actions quires considenable expenditure for for which even a slight change of rationale for proposed actions affect-will be undertaken and assurance site evaluation, engineering and flooding would be too great. Some ing floodplains. These requirement that public input will be integrated design. Public notice must precede j
key questions in this regard are:
are stated in Section 2 of the order.
into the decision-making process major site identification and analysis which:
I o If flooded, would the proposed (e.g specific efforts to provide so the public can have an input early action create an added dimension e requires agencies to provide op-one-way information dissemina-in the decision-making process of to the disaster as could be the case portunity for early public review tion, two-way public communica-preliminary site screening and selec-for liquefied natural gas terminals of any plans or proposals for ac-tion or interaction, etc.). The re-tion. If not, public choice options and facilities producing and stor-tions in floodplains; sponsibility is to provide informa-may be foreclosed, or decisions will l
ing highly volatile, toxic, or.<ater-e requires agencies subject to the tion which promotes the fullest not be based on similarly detailed in-reactive materials?
OMB A-95 Budget Circular to pro-understanding of the proposed formation bases.
O Olven the flood warning lead-time vide notice explaining a proposed plan or action-Early public notice is the first in a arallable, would the occupants of action; series of public information and in-e A statement explaining the timing velvement activities. This would logi-buildings such as hospitals. e requires preparation and circula-of pubuc notice actions to promote cally bc followed by continuing
]
schools, and nursing homes be in-tion of a notice of findings and ex-public understanding and provide put & communication at Step 4. In f
sufficiently mobile to avoid loss of planation prior to taking an action, opportunities for the public to identifying impacts. Step 6. reeva-III' *" "
An overview of these sections sug-affect a pr posed action or plan luating alternatives through the en-1 O Would essential and irreplaceable gests that agency procedures should before alternative actions have vironmental review process, and at records, utilities, and/or emergen-provide an integrated procedure for been prechuded.
Step 7. In the issuance of findings i
cy services be lost or become Inop-involvement of the public in the It is recognised that the public in-and explanation of why the pro-erative if flooded?
floodplain management decision-
/
volvement process must be tailored posed plan or action must impact I
If the answer to questions such as m* king process. Thus, to insure that to specific program types (permits, the floodplain.
these is **yes", an alternative loca. adequate information and opportu-direct and federally assisted pro-
}
tion must be sought completely out-nities are provided for the public to 1
Jects, etc.) and will vary. Neverthe-side the larger floodplain. Agencies effectively participate in floodplain less, agency procedures must be com-STEP 3-IDENTIFY AND EVALLIATE listed in Table I may be in a position decisions, and to meet the require-patible with Section 2(b) of Execu-PRACTICABLE ALTERNATIVES l
to provide information and assis-ments of the Order, the following tive Order 11514 (Appendix E), and fIMOD-Pl.AIN IACATING IN THE BASE l
tance in evaluation of proposed loca-elements should be incorporated in must also apply to actions which do i
tions for critical actions. If neither agency public envolvement proce-not require preparation of an EIS the base floodplain nor larger flood-dures-under Section 102(2XC) of NEPA.
Having determined that a pro-plain for certain critical actions can e A description of the overall audi-If there is a reasonable likelihood posed action is located in the base 26 reessat seessnee. vot. 43 no. n-eemar, eseevaar se. iere seessat seessnes vot. es eso. n-easoar. ressumer is, sore 27 i
i
i j
NOHCES I
NOMCES floodplain, the agency is required by tion of a document storage facility 4.A. General Concepta Direct support results from actions the Order to identify and evaluate within the flood-plain to handle ex.
practicable alternatives to locating panding record keeping needs, the In e
egu ad d M oce-located on the floodplain, while indt.
j in the base floodplain. Alternatives alternative of microfilming the docu-dures, me agencies must identW me rect support results from those out.
to be evaluated include: (1) carrying ments could allay the need for a new means y which mey will h side the floodplain. Por example, the out the proposed action at a location structure. Similarly, rather than location of a major public service
- "E "
- J outs de the base floodplain (alterna-structure or facility (a post office,11 tire sites);(2) other means which ac-providing expanded waste treatment e All agency actions can have im-brary or office building), in the complish the same purpose as the capacity for an area by constructing pacts associated with the modifica-floodplain, requires new or addition-l f
proposed action (alternative ac-a new or larger facility in the Hood.
tion of floodplains. Although the al investment in or construction of j
tions); and (3) no action.
plain, the alternative of using sur.
modification of floodplains and en-support facilides for food service, plus capacity in a neighboring locale suing impacts most clearly result parking, etc.
- Further, simply could serve the need for a new or ex.
from actions located in the flood-through their location, such actions 1A. Aherneuve Sites l
panded facility, plain or at its periphery, it can also would foster addluonal develop-result from actions out of the ments in the floodplain. Ploodplain Alternative sites must be identified 3.C No Action floodplain.
development could be indirectly sup-
{
and the practicability of such sites l
evalur.ted. If a a practicable site No action is also an alternative
- e Certain types of agency actions ported by the provision of infra-exists outside the base floodplain
- and assessment of this course is re may support subsequent actions stmeture (water and waste water I
the proposed action must not be lo Qu ea mauve of no actie Mh h8M additional imNts of systems, power supplies, highway cated in the base floodplain. When-probably can not be fully evaluated their own,,
and secondary road networks, mass I
ever a floodplain site is the only until a determination has been made transit systems and airports) outside practicable alternative, the agency in Step 4 of the harm to or within o The Order focuses on the adverse the floodplain.
I impacts of proposed actions on Clearly, it is the intent of the analysis leading to this conclusion the floodplain resulting from the i
should be fully documented. In de_
proposed action.
lives and property, and on natural Order that the impacts of Federal and beneficial floodplain values.
acuons and the impacts of actions 4
termining the pract!cability of a i
non-floodplain site, the general con.
STEP 4-IDENTIFY IMPACTS OF e The three basic types of impacts suppo M W M ral ach M
]
cepts of site feasibility apply. At a THE PROPOSED ACTION are: (a) positive and negative; (b) evaluated. However, the identifica-minimum, site practicability shall be concentrated and dispersed; and tion and evalumuon of these positive i
addressed in the Ilght of the follow-If the agency has determined that (c) short-and Iong-1,rm.
and negative changes to the systems i
ing.
the only practicable alternative is 10-of flood losses, threats to life and i
j O natural (topography, habitat, haz-cating in the base floodplain, the im-health, and environmental values ards,etc.t pacts of the proposed action must be 4.a.s. ormaer amo smormscr surromT or are often both difficult and even j
identified. Similarily, where acuens rgmoorg.anz asystornaswr speculauve. Moreover, the process i
O social (aesthetics, historic and cul. proposed to be located out of the by which an agency tries to describe
]
tural values, land use patterns, floodplain will affect the base flood-The Order requires the ag(ncies to the actions supported by their ac-i etc.t plain, impacts resulting from these avoid the direct and indirect support tions la both complex and often not
}
O economic (cost of space, construe. actions must be identified. Since the of floodplain development, For the well addressed in accepted method-l tion. services. relocation); and Order is based primarily on NEPA, purposes of these guidelines, an ologies, without a clear conceptuali-action supports floodplain develop-zation of the supported action. there O legal (deeds. Icases, etc.)'
the agencies can draw upon the ment if it encourages, allows, serves is little chance that the imports can l
impact identification and assessment or otherwise facillues additional be Identified. On the other hand, j
experience and guidance which they floodplain development. The agen-when the supported actions are de-3.5 Ahermative Actions have developed in their implementa-cles may also reflect in their regula-scribable in terms of growth experi-1 tion of NEPA. The concepts of tions and procedures, the manner in ence in the area or from experience 1
4 Alternative actions must be consid. impact assessment applicable to which agency actions strallarly ac-with similar actions elsewhere, the j
ered before a decision la made to both NEPA and the Order are iden-commodate the maintenance of ex-carry out an action in the base flood-tical, with the Order's focus being isting uses in the floodplain. That is, Impacts of the supported actions can plain. These are actions which sub-narrower. The following discussion a proposed action can reinforte ex-be identified as they are for the pro-stitute for the proposed action in addresses general concepts of impact lating land use patterns which gener-posed Federal action.
that they comprise new solutions or identification and assessment (Step ally have developed without reflect-approaches which serve the same 4.A.), and the two areas of concern ing the concepts of hasard and risk 4.a.2. TYrss or 13 tracts 4
{ function or purpose as that pro-which are impacted as a result of the miniminattara and restorsuon and i
posed, but which have less potential occupancy and modificadon of flood.
preservauon of natural floodplain The three basic types of impacts t
i for harm. For example, where an plains; lives and property (Step 4.B.),
values which form the basis of the which must be addressed are: (a) j agency has proposed the construc-and floodplain values (Step 4.C.).
- Order, positive and negative;(b)concentrat-l 23 Messa& eseelles, vot. 43. Beo.19--PsIDAY, 'seseasV lo.19Fs 8"""
NE E
I* " "AEI N' D
NOHCES NOTlCES
^
ed and dispersed; and (c) short and 4.A.3. soUaCEs or EntrActs "8"*"-
outside the floodplain. The evalua-Probability Efoods: These are sta-Regardless of the source of im.
Lion of alternatives to the proposed tistically derived floods. The one f
Poadtire and accative impact,. pacts, the agencies are required to action as discuased in Step 3 pro-percent chance (100-year or base) both must be identified, even though identify the types of impacts dis-vides a better opportunity to explore flood Is the term which describes the the focus of impact identification cared above which arise from their the range of possibilities for avoiding magnitude of flooding used by FIA and assessment is on negative or ad-acilons when these impacts affect adverse impacts to or within the as the minimum acceptable level to verse impacts. This is necessary in the floodplain. Thus, this require.
floodplain than the more narrowly which a community must regulate order to identify the full range of ment applies to actions proposed focused concepts of minimization. the floodplain in order to qualify for e
Impacts against which to weigh the both in and out of the base flood.
restoration and preservation dis-the National Flood Insurance Pro-l practicability of a proposed action. plain (or the 500-year floodplain cussed in Step 5. For example the gram. As stated previously, this mas-In addition. It must be recognized where a critical action is proposed).
overall costs involved in locating a nitude flood has a one percent that impacts which are beneficial to The location of the action causing highway interchange, sewer inter-chance of being exceeded in any one some, may be harmful to othem. For the impact determines which of the ceptor line, airport facility, etc at a year period. The likelihood of ex.
example, draining wetlands estab-requirements of the Order must be location less directly affecting the ceeding the one percent chance lashes an environment which is suit-met by the agencies. For actions pro.
floodplain could be less than the flood magnitude increases with time able for certain uses, but at the ex.
posed in the base floodplain (or the costs incarred in attempting to mini-periods longer than one year. Fbr ex.
pense of the beneficial values of the 500-year flood-plain where a critical mize the impacts of the proposed ample, the probability is about one i
wetland.
action la proposed). all of the re.
action and to restore and preserve in four that the one percent chance t
quirements of the Order must be floodplaha values.
flood will be exceeded during the life j
Ccaccalrated and dispersed im-met as outlined (Figure 1). Por ac-of a 30. year mortage, j
pacis" both may result from any Lions proposed out of the base flood-4.8. I,lves and Property Large floods occur each year in action. The impact is concentrated if plain, however, the Order does not many parts of the United States. No it occurs at or near the site of the require that the public notice and After determining that a proposed part of the country is immune from j
action and is dispersed if it occurs at findings discussed in Steps 2 and
action is in the base floodplain, the large floods. Conteequently. It has j
a site remote from the action. For be prepared. Similarly, since in these risk to lives and property involved in become standard practice for agen-5 example, a concentrated impact of cases the action causing the impacts using that site must be determined. cles dealing with f3004 g:rublems to j
constructing a building on a wooded in the base floodplain is located out-This requires an understanding of calculate elevathma of 4 greater area is the iuss of vegetation at the side of it, the practicability test the magnitude and consequences of flood to indicate the range of flood-sHe. A dispersed impact of the same (Step 3) is not required. As a mini-flooding that can be expected.
ing which can and w ltoccGr.
action could be sedimentation down-mum, however, the agencies must
)
stream mmed by erosion at the site. Identify these impacts and minimise 4.s.1. NATUaE OF HAZAaB AND alsK 4.s.2 HIGH HAZaaD AasAs ensuing harm to or within the flomi-a uc bo h plain which would result if the Twc basic tyg es of floods are used High hazard areas are those por-ate the total impact of an action _
t s
en as p p sed. Because in determining flood hasark ob-tions of riverine and coastal flood-Short-term impacts are temporary there is no requirement for public served or historic floods and prob-plains nearest the source of flooding.
tice r the practicability test, the ability floods.
These are the frequently flooded I
changes occurring during or immedi 3
ately following an action and usuall n n m a i n responsibility (Step 5)
Historic Flomis. Often these can areas that become arenas of major t kes added significance. This be the basis for deciding whether a flood dynamics during large floods.
persist for a short while. Iong-term 2
impacts occur durine or after an held be refleckd in agency pmce-proposed site is in a hasardous area.
Here, flood-waters exert their maxi-I dures.
action and may take the form of de-However, the fact that a certain mum pressures, erosion is greatly ac.
layed changes or changes resulting The agencies are strongly encour-level of flooding has been observed celerated and loss potential is in-l from the cumulative effects of many cedures and alternate site and action likely to occur in the future. Even areas of coastal and riverine flood-ed to apply the pubile notice pm-Indicates little about how floods are creased. Additionally, these are the j
ev haations to actions proposed out where records extend over a long plains within which many of the pacts rsist for rabl f the nomiplain which will result in period of time. the highest observed most critical floodplain values are
}
time and may contin indefinitely-impacts to the floodplain. It has flood must not be used as the onlY concentrated. In riverine situations.
18 18BD*CL been recognized that public input in guide for decision-making. With verY the high hazard area is that portion 8 Of Wa agency decision-making processes few exceptions, flooding at any site of the floodplain where impedance constmetion site.
A long-term through NEPA has improved the en-can be expected to reach higher to flood flow resulting from man's q
1mpet could be the loss of valley vironmental soundness of these dect-levels than those previously record-occupancy can increase flood heights floodwater storage resulting fra n sions. It is even more reasonable to ed because larger storms urbanisa-and consequently the area subject to a
the cumulative effect of floodplain apply the alternate site and action Lion, flood plain encroachment, or flooding. In coastal floodplains, the development-evaluation to actions taking place other factors affect flooding.
high hazard area is tisually confined i
l 30 posenat meessnes, vot. 43, seo. 2,-esssar. possuasy is. iore emannu seessnes. vot. 42. soo no-esssay, possuasy is. nere 31 l
l..
1 i
l 1
j NOTICES NOTICES 1
to the beach area in front of high l
bluffs or the crest of primary or for-toward a new equilibrium. The enyt.
In coastal floodplains natural bar-level of standing water bodies is reg.
ronmental effects of this readjust-riers exist in the form of sand dunes ulated naturally by groundwater.
edunes, where wave impact is the ment may affect areas far from the and certain vegetation, e.g., man. During periods of excessive precipi-1 amost significant inducing factor. In original site of the disturbance and grove stands, which reduce the tation, runoff enters the ground-light of the hash less potential and 1
the likelihood of significant adverse can last for decades. Thus, flood-impact of high tides and storm water system as well as stream chan-effects to floodplain values associat-plain actions must be viewed with surges. Alteration or removal of the nels and standing water bodies, d
caution and a careful assessment barriers themselves, or the vegeta-thereby reducing peak flows; during ed with the conduct, suppwt w allowance of actions in these por-made of their impact on natural and tive and dra'.nage systems which sup-the dry season, water generally flows tions of the floodplain, the agencies beneficial floodplain values.
port them. reduces or climinates from the groundwater system into 3
must risormaly apply the Order's Floodplains in their natural or rel-their role in the reduction of flood surface waters, augmenting low charge to avoid these amas.
alively undisturtw3 state serve water f rees. In addition. excessive with-nows.
4 resources values (natural moderaHon drr.wal of groundwater may result in 4.!L3. EVALUAnoN or flood HAZAaD o
w ity (c.
Ia subsidene there nereasing g
gmp Evaluation procedures must be es-tablished in writing by all agencies. living resource va?ues (fish, wildlife
- amas W Doodng.
This evaluation serves to express and plant resources), cultural re Water Quamy Maintenance The Nation's coastal and riverine
.3 g
Floodplain vegetation functions in floodplains support lar8e and diverse clearly the hasard favolved and pro-bea
. sc fica
. m dow Mu-maintaining the physical and chemi-populations of flora and fauna vides the basis for carrying out the succeeding phases of the analysis.
ca ami McNaum), and culuvat-cal integrity of the water that ulti-which represent valuable, renewable i
K:y questions which must be ad-ed. ns e ce val m ( W itm.
mately supports biological communi-Mamces of gnat importance to dressed by the agencies in establish-aquacu um, and fesM.
ties. Runoff is slowed by vegetation. "*"-
Ing their regulations /and procedures allowing the water to deposit not j
for the eialuation of flood hazard (c.a. mm answacas oniy sediments originating on land The floodplain is biologically very productive because it is here that j
include the following-bM also those scoured from the Floodplains provide for the natu.
ch nnel bank and bed. Sediment de-land and water meet and the ele-O Is the proposed action to be locat. ral stwage of surface and ground poRition may add rich nutrients to ments of both terrestrial and aquatic l
ed in the floodway portion of the waters and the natural Improven ent the floodplain soil and keeps sedi-habitats interact. For example, un-j riverine floodplain, or the coastal of water quality.
ment-associated pathogens from the spoiled tidal marshes rank well j
high hasard areay Natural Moderation o/Froods:The water-above intensively farmed croplands I
O Is the proposed action in a flood-characteristia of the floodpIA and
, hevet autation can destroy bio-in the magnitude and diversity of biological productivity.
Marsh-fringe area such as the flood-fringe f flooding are closely interdepen-ad commMes suppwted a i
portion of a riverine floodplain or dent. Floods shape floodplcin topog.
the Modplain idcause R contributes rimmed estuaries and adjacent flood-i the backwater areas of a coastal raphy, soils, and ecology. In turit to cutrophicadon (nutrient overlesid-plains are vital to marine fisherles as i
floodplain?
the physical characteristlos of tg Insd. decreased dissolved oxysca. in-breeding, nursery, and feeding i
l o Is the flood hazard aggravated by Hoodplain shape flood flows. Except enamed water temperatum, and M.
grounds. Inland ponds, potholes, the presence of, or potential for*
fw some steep valley and mastd as impairment of photosyntheuc marshes and other wetland areas destrucuve velocity flows. flood-re bluff situations, naturally vegetated producuvity.
Vegetauon shades may provide highly important habi-
}
lated erosten, subaldence or sink-ficodplains can provide a broad area stream banks and decreases daily tat for waterfowl and other wildlife.
i holes. or other special problems?
to speed and slow floodwsters, water temperature fluctuadons Fish and wildlife resources are i
O Is there a coasbination of f700d thereby reducing velocities ami flood thereby alleviating temperature highly susceptible to man-induced
}
sources present which may flood peaks. Stream meander, dune forma.
stress to the blota. Vegetauon slows disrupuon of the floodplain because simultaneously in the area (e'er.
ral processes which reduce the force watem that give the aquatic blota a sulting impacta. For example, drain-g Llon in coastal areas and other natu-the flow of water and provides slack of their high sensitivity to the re-river and ocean, or shallow ov 1
land runoff and river, etc.)?
Of floodwaters are also accommodat.
greater chance to survive flooding _ age of wetlands, channelization of 4
ed in undisturbed floodplains.
In addluon flood-plain storage and natural water courses, clearing of LC. Pestural and Beneficist F'_-
these processes. The effects of such stream uservoirs. -
forests, all have short and long term Floodplain encroachment modifles vegetatie nduces sHtade in down-vegetauon, especially bottomland y g.,,
i i
modificadon are complex aawi not Groundepeler Recharpe-An addi-Indirect impacts on plant and animal Water a xl the adjacent floodplain fully understood. Although in some tional value of floodplain vegeta-communities. Other changes that cases encroachments may Interact Lion's role in slowing runoff is In limit food, water supplies, or protec-i exist in natare in a state of dynamic with natural processes to aid in the groundwater recharge. Slowing the Live cover have similar effects. Modt-equilibrium. If one part of a coastal reduction of flood forces, their pre-floodwater allows it to infiltrate fication of the floodplain at one 10-8 or riverine sytem is disturbed. the dominant effect has been to aggra-through the generally porous flood-cation can affect living resources
}
endre system usually readjusta vate the flood hazard.
plain soll. Base streamflow and the elsewhere on the floodplain.
j 32 passem seessnes. vos. 4a. no. so-essay. sessuasy so. nore
)
esessaa seenise vn..iunses=
=
.a...
.a
- =av-
- - =
=
=-
.~ -
1 4
j
~
l NOTICES NOTICES 4
5-INIMI E It M MtE will be designed and modified to 4#.3. CULTUaAL asSoUmCas sites. Level or gently rolling flood-j plain terrain facilitates agricultural minimize harm to or within the Floodplains contain cultural re-operations. Surface and groundwater The requirements of the Order to floodplain. (Also see page I-4 on the sources important to the Nation and sources are usually easily accessible.
minimize. restore. and preserve requirements to minimize harm.)
i to individual localities. They provide Hell-drained, deep soll suitable to apply if a proposed action wili result 5.15 Restore and Preserv' i
many cultural values if left in their most economic crops are often prev-in harm to or within the floodplain.
natural state. Became native Ameri-alent in the floodplain. Soils well The term "harm. " as used in the In the context of this Order. "re-en r, a es to M stwe" focuses upe condities exist-l can settlements and early cities were suited to speciality crops are also lives and property (Step 4.B.). and ing as a result of prior actions, while located along coasts and riven fw found on floodplains (*-8 th* D"'IY natural and beneficial floodplain "preserve" focuses upon the impacts access to water transportation.
drained areas of the Sacramento i
supply, and power, floodplains in-values (Step 4.C.). The concept of of a proposed action.
clude most of the Nation's earliest Valley where rice is a major crop)-
minimization (Step 5.A.), applies to Restore means to reestablish a set-archeological and historical sites. In However, certain agricultural uses harm. The concept of restoration ting or environment in which the i
addition to cultural richness. flood-and practices in the floodplain may and preservation (Step 5.A.) appIles natural and beneficial floodplain ly to fledplain values. Step 5.C.
values can again operate. Where j
plains may be valuable sources for adversely affect natural floodplain scientific research. For example. be-discusses some mechanisms which floodplain values have been degrad-values. They may be incompatible cause they may contain unique habi.
may be applied to achieve these ed by past actions, the agency must with wildlife production; may induce three requirements.
identify. evaluate, and implement 3
tats, they are ideal areas for ecolost-aggravated erosion and sedimenta-cal study. Floodplains are used for measures to restore the values di-open space and green belt parks in tion; or may result in the drainage of 5.A. Minimise minished or lost. The functions of j
cities to vary the pattern of the inland and tidal wetlands to incmase Minimize is a demanding standard many of the NatJon's degraded i
urban scene, to absorb noise. to the amount of arable land. Excessive and requires the agency to reduce floodplains can be partially or fully clean air. to lower air temperatures, fertilization and poor feedlot prac-harm to the smallest possible degree, restored through remedial action.
I and to serve as nature centers and tices can result in nutrient pollution thus establishing a far more rigorous Preserve means to prevent modift-outdoor experience labs. Floodplains in local water bodies. Thus, proper standard than other terms which cation to the natural floodplain envi-l are often attractive areas a base for management practices are essential often are used in similar contexts, ronment, or to maintain it as closely recreation (hiking and camping), and where agriculture is proposed in sen-e.g alleviate (to lessen) mitigate (to as possible to its natural state. This a base for water. oriented sports such sitive floodplain areas-me:lerate the severity of). amello. term applies foremost to floodplains as boating and swimming. In addi-rate (to improve), etc. From the showing little or no disruption by Lion. floodplain wildlife resources The use of floodplain areas for standpoint of lives and property po.
man. If an action will result in harm can be managed for recreational aquacultural operations has grown tential harm to or within the flood-to or within the floodplain, the hunting and fishing. Where they into a viable industry producing a plain must be reduced to the small, agency must design or modify the remain in essentially pristine condi. wide variety of aquatic crops. Aqua.
est possible amount or degree. The action to assure that at will be car-tjen. floodplains can be valued as a culture is subject to similar limita.
goal is to avoid increasing the flood ried out in a manner which preserves part of the "wilderness experience" tions to those noted for agriculture loss potential associated with the as much of the natural and beneft.
so important to the American Cul-but if properly managed, it can I level of the base flood prior to the clat floodplain values as la possible.
18'*-
compatible with the natural values proposed action. Where a critical C hh w whw* h w of floodplains, and may offer oppor-action is proposed (see Step 2.C.) the p
Lunities for the restoration of dam
- goal is ass cisted with higher levels I
4.c.e. AcascULTUaAL. AQUAcULTUaAL, of flooding. Similarly, from the A wide range of ' methods have i
Ues.
}
AM FoaESTaY assoUacsS standpoint of floodplain vaIUes, been developed over time to mini-i Many of the Nation's valuable minimization requires that harm to mize harm to lives and property i
Fleade ak s generally provide ex-forest resources are found within such values be reduced to the small-from flood hazards. In the recent n i cellent resources for agricultural. floodplains. Bottomland hardwoods est possible amount or degree. The past, other methods directed toward Order's requirement to minimize po-minimizing harm to natural and aquacultural and forestry produc-and other riparian species (those tential harm applies to (1) the in.
beneficial environmental values. In.
tion.
which can only flourish in close vestment at risk, or the flood loss po.
ciuding those associated with the L
I The natuct processes of sediment proximity to water) are important to tential of the action Itaelf. (2) the floodplain, have also been developed.
i j
ren wat which take place in flood. the timber industry and the overall impact the action may have on The technology and methodologies j
ph ins replenish soil and their nutri. economy of the country. Thus, others, and (3) the impact the action for achieving restoration and preser-l ents. Thtas with proper management. sound management of forest re-may have on floodplain values. The Vation are not as well documented j
floodplain soils generally require less sources in the floodplain is also es-agencies must specify in their regu-nor understood, but currently are re-l j
artificial fertilisation than upland sential.
lations and procedures, how actions ceiving increasing attention. The i
l M
- samass.vooano.w_e av.n
,m.im essen= asemma. vot. = no. w-eemar. esamuner m. im 33
NOTICES NOTICES tools and approaches, which are di-rected toward attaining these three e Control urban runoff, other storm s C 8 ^#ICMRaAI aEsoUkcEs water, and point and nonpoint dis-e Require erosion control plans on goals of the Order, should be consid-charges.
e Minimize soll erosion on cropped all timber allotments, roads, and cred and applied at all stages of a areas within floodplains.
skidways.
proposed action. as appropriate, e.g
- e Control methods used for grading
- e Control use of pesticides, herbi.
Implementing the above mecha-filling, soll removal and replace cides, and fertilizer.
nism may be achieved through many during the planning, design, con.
struction. operation and mainte-
"#"t* *t*-. L minimize crosion and nance of a proposed project.
sedimentation during construction.
e Limit the size of fields, promote types of administrative measures, de-pending in part upon the agency fence rows, shelter belts and strip-Although the Order emphasizes e Prohibit the location of gatential cropping.
programs and authority.
- r. voidance of the floodplain as the pathogenic and toxic r.ources on e Strengthen water bank and soll Some examples are:
preferred manner fer meeting its the floodplain, auch as sanitary bank type programs to be consis-e Engineering and realty section Intent to avoid harm to or within the land fills and septic tank, etc.
tent with alternate demands for standards and procedures.
floodplain, the following examples are provided as additional guidance.
sc3. CRoUNDWATEa RECHARM the use of agriculturalland.
e Contract. grant, loan, permit, and The agencies should not be limited by the scope and level of detail of e Require the use of previous sur-e Minimize irrigation return flows and excessive applications of e Appilcation of appropriate encum-faces where practicable.
water.
brances during land conveyance.
e Design construction projects for s.c.a. NATuaAL MoDERATIoM OF Floods runoff detention.
s.c.7. AQUACULTURAL RESOURCES t on of em loyees and public.
O Minimize floodplain fills and ac.
e Dispose of spoils and waste mate-e Construct impoundments to mini-e Delegation of responsibility for mize any alteration in natural tions that require fills such as con.
rials so as not to contaminate drainage and flood flow. Existing floodplain activities to a specific struction of dwellings, factories, ground or surface water or change natural impoundments such as office with sufficient authority to h5hways. etc.
land contours.
Oxbow lakes and sloughs could be play an active leadership role both O Require that structures and faci?i-utilized under proper management.
within and outside of the agency.
s.c.4. Livinc REsocacEs ties on wetlands provide for ade.
e Systematic review of existing quate flow circulation.
e Identify and protect wildlife habi-e Limit the use of exotic species-tat and other vital ecologically sen-both plant and animal, to those or-agency programs to identify oppor-ments and save as much of the site sitive areas from disruption.
ganisms already common to the tunities for floodplain va. e pres-O Use minimum grading require-area or those known not to com-ervation and restoration ~
from compaction as possible, o Require topsoll protection pro-pete unfavorably with existing nat-e Site surveys to identify opportunt.
grams during construction.
ural populations.
ties for floodplain preservation O Relocate nonconforming struc-and restoration; and tures and facilities out of the e Control wetland drainage, chan-e Discourage mechanized oper-floodplain.
nelization. and water withdrawal ations. Machinery such as dredges, e Provision of corrdination methods weeders, and large-scale harvesting within and outside of agency to O Return site to natural contours.
e Reestablish damaged floodplain equipment may lead to environ-
[nabl e implementation of uni-ecosystems.
O Preserve free natural drainage mental problems such as sediment p n management mea-when designing and constructing e Minimize tree cutting and other loading to adjacent watercourses.
sures.
bridges, roads, fills, and large built.
vegetation removal.
W centers-s.c.s. FonESTay REsocacas STEP 6--REEVALUATE e Design floodgates and seawalls to e Control the practice of clear-cut-O Trevent intrusion en and destrue.
allow natural tidal activity and es-ting, depending upon the species IInving identified the impacts the Lion of beach and estuarine ecosys.
tuarine flow.
tems and restora damaged dunes harvested, topography, and loca. proposed action would have on the tion.
and vegetation.
s.c.a. cutTURAL aEsoUacEs floodplain (Stt p 4) methods to mini-s.C.2. WATER QUALITY e Provide public access to and along e Complement state law governing mtze these impacts, and opportuni.
ties to restore and preserve flood-other aspects of harvest oper-the waterfront for recreation. sci-O Maintain wetland and floodplain entific study, educational instrue.
allons; proximity to watercourses, plain values (Step 5); the proposed vegetation buffers to reduce sedi.
tion, etc.
Ilmits on roadbuilding, equipment action should not be reevaluated mentation and delivery of chemi-Intrusions etc.
For proposed acdons in W N floodplain, the reevaluation should cal pollutants to the water body-e Locate and preserve from harm o Include fire management in any consider if the action is still feasible historical cultural resources; con-overall management plans. Selec-at this site. If not, consider Ilmiting O Control agricultural activities to sult with appropriate governmen.
Live fire use may reduce the prob-the action to make non-floodplain min!mize nutrient inflow.
tal agency or private group.
ability of major destructive fires.
sites practicable. If neither is accept-36 eeoesat seoima, vot 43. no. 2+-eeeAv. eseauAar so. e,is U
l 1
4 5
NOTEE5 NO1KE5 4
abic, the alternative is no action. If 6.C. No Action i
the proposed action is outside the
- 6. A provision for a brief comment tion to this step. Section 2(aM4) of l
base floodplain but has impacts i ne her of the above cases of period prior to agency action (15 to the Order requires the same public 30 dhys);
notice procedures for Federal ac-action are feasible, the agency 4
I which cannot be minimized (Step 5)-
consider whether the action can be should reevaluate the no action al-
- 7. A description of how the activity tions in the floodplain even though manufled or relocated to eliminate +.r
'F""UV'-
will be designed or modified to mint-impacts are not significant enough reduce the identified impacts. or if mize harm to or within the flood. to require the preparation of an en.
the no action alternative should be STEP 7-FINDINGS AND PtJBI.IC an Rmen impact sWement MS)
I chosen.
EXPI.ANATION
- 8. A statement indicating how the under Section 102(2MC) of NEPA action affects natural or beneficial (Public Law fd-190).
{
The reevaluation should also in.
If reevaluation results in the deter-floodplain values; Under NEPA procedures, a final clude a provision for comparison of mination that there is no practicable
- 9. A statement listing other in-EIS is circulated for pubile and in-i the relative adverse impacts associat-alternative to locating in or impact.
volved agencies and individuals.
i ed with the proposed action located 1
in and out of the floodplain. The Ing the floodplain, a statement of teragency review and comment. A findings and public explanation 7.A. Interagency Notice minimum of 30 days is required to j
comparison should emphasize flood-allow a review and to receive re-3 plain values. However, a site out of must be provided for the proposed Certain public review procedures sponses from the public and govern-i the floodplain should not be chosen acuen. Each agency should explain already exist with which the Order's mental agencies. These comments j
if the overall harm is significantly how any tradeoff analysis was con-review requirements are to be inte. must then be considered. The find.
greater than that associated with ducted by the agency in making its grated.
Ings must be made in conjunction the f1mdplain site.
findings. Some existing agency with a final agency decision, and the j
public notice procedures may al-7.A.1. FaMaAMS SNBCT TO OMB formal statement of findings re-R Imaties in the h F"-
ments of the Order (Section For programs subject to OMB Cir. prior to initiating the proposed ready satisfy part of the require-CMWEAR A-8s quired by the Order must be lasued l
In determining whether the pro-2(aM2Xil)) through such mecha-cular A-PS the agency shall send a action. A final EIS should explain,if posed action will be located in the nisms as OMB A-95 and NEPA pro-notice, not to exceed three pages in appropriate, why the responsible of.
4 base floodplain. the agencv must as-cedureA or other public involvement length including a location map, to ficial has recommended or why the certain that the floodplain site is the programs. However, agency proce.
the State and areawide A-95 agency might support an action 10-only practicabic alternative. Fur-l ther, the importance of the location. dures must incorporate the develop-clearinghouse for the areas affected. cated in a floodplain.
j must clearly outweigh the require-ment and issuance of a written state.
The notice shall include (as a mini-ments of the Order to:
ment of findings and public explana.
mum) 1. 2. and 3 from above. It 7.C. All Actions Imcated in the Base Lion which includes-would also be helpful to the review-Floodplain l
0 Avold direct or indirect support of
- 1. A description of why the pro.
cr. and consistent with the intent of A statement of findings (including i
floodplain development wherever posed action must be located in the the Order, to include items 4 the explanatory information dis-j there is a pracucable alternative; floodplain; through 9.
i O Reduce the risk of flood loss:
- 2. A description of all significant cussed in 7.A.) must, be issued by the l
O Minimize the impact of floods on facts considered in making the deter.
7.A.s. OTHEa PaoGaAMs agency head in compliance with Sec-t tion 2(aM2) of the Order. This ap-j human safety, health and welfare; mination including alternative sites For programs not subject to OMB-plies to all proposed actions located and and actions; 95 review procedures, agencies must within or impacting the floodplain, O Mestore and preserve the natural
- 3. A statement indicating whether develop procedures to provide for including proposed actions whose the actions conform to applicable almilar notice and explanation of impacts are not significant enough i
and beneficial floodplain values.
State or local floodplain protecuon why a proposed action is to be locat. or are not otherwise required to j
standards; ed in a floodplain. This notice must complete an EIS.
4A IJadt Action 4
In addition, and in keeping with be cirmlated among agencies and i
If an action proposed to be located the concept of the overall public in.
also made available to the public for STEP 8--lMPIEMENT ACTION in the floodplain cannot satisfy the volvement process discussed in Step revie*-
i four requirements in Step g.A., con. 2 the following items should be in-With the conclusion of the dect-
, sider reducing the criteria for the cluded in the statement of findings 7A Actions Subject to NEPA si n-making process described in l proposed action. This would lower and public explanation:
For agency actions subject to be implemented. However, there is a Steps 1-7. the proposed action can the threshold for what constitutes a
- 4. A statement indicating why the NEPA which take picce in the base continuing responsibility for insur-pracumhle alternative. New alterna. NFIP criterie are demonstrably in.
floodplain, the public review require-ing that the action is carried out in i Uwe actions and sites could then be appropriate for the proposed action; ments discusse:I above as set out in compliance with the Order. This is
- Idenufled and previously rejected
- 5. A provision for publication in Section 2(b) of Executive Order especially important for projects j ' ones reevaluated for practicability the PsasaAt. RectsTsa or other ap.
11514. as amended, should include with long-term operation, mainte-based on scaled-down expectations.
propriate vehicle; the nine items listed in the introduc-nance and repair programs such as 38 sensam seessimo, vot an. seo. so-easaar weens.
.a
- - ~
,-c-
.- =-
d NOTICES i
NOTICES reservoirs or waste treatment facili-ties.
graphs. Each office provides- (1) In.
each point and the current year's knowledge of flood elevations for terpretations as to flood depths. ve.
maximum stage as well as the maxi-many urban locations and can pro-locities and durations from existing mum state of record. This publica-vide knowledge of material available l
APPENINK A-FIA)ODPI.AIN SERV-1 NZS AVAILABLE FROM LISTED data; (2) develops new data through Lion is for sale by the National Cll-to assist in making a determination AGENCIES field and hydrologic studies for in-matic Center of NOAA. Asheville. of floodplain location. The location terpretation; and (3) provides guld-North Carolina 28801. The National
}
DEPARTMENT OF AGRICULTURE ance on adjustments to minimize the Weather Service provides flood fore-of the nearest office may be ob-tained irom one of HUD*s 10 region-Heti Consavaties Senice N) adverse effects of floods and flood-casts and warnings on larger rivers al offices or by contacting: Federal h
As part of the SCS's Floodplain District office address is not known, smaller streams. Interested commu-plain development If the neanst and provides flash flood warnings on Housing Administration. 451 7th t
Management Assistance Program contact Chief. F1(od Pla!n Manage-nities are assisted in establishing Telephone: 202-755-5111.
Street SW., Washington, D.C. 20410.
each < state Conservationist carries ment Services (PPMS). U.S. Army Flash Flood Warnings Systems.
out cooperative Flood Hazard Analy. Corps of Engineers. HQDA (DAEN-5br information and assistance Federal Insurance Admea,ns,sarstion ses upon request of local govern. CWP-F). Washington. D.C. 20314*
Q[her ments, in accordance with a Joint telephone 202/693-1691. or the near-vice a onal O f c Request for insurance maps or Coordination Agreement with the est Division office.
1 responsible State agency. SCS flood Eastern Region. Garden City. NY. 212-studies should tw addressed as foi-lows
- hasard reports contain floodplain de-North Atlantic Division. New Yorit. NY-995-8639 a
212-284-7483 S uthern Region. Ft. Worth. TX. 817-(1) FIA Mailing List Copies of new j
lineations on aerial photomaps. South Atlantic Division. Atlantic. GA.
or revised FHHMs. FIRMS and FIS flood profiles, and discharge and 404-221-4702 C
Region. Kanssa City. MO. 816-floodway Anta In addition. SCS pro. Southwestern Division. Dallas. TX. 214-374-3229 tion to organizations on the FIA vides continuing technical assistance 767-2310 Western Region. Salt Lake City UT. 401, mailing list. In requesting to be I
to local governments, after comple-South Pacific Division. San Francisco.
524-5137 added to the mailing list the agency tion of a flood hasard or lasurance CA. 415-55s-Sees Alaskan Reston. Anchorase. AK, 907 should specify the number and dis-study, to help them implement their 265-471s VN tribution of maps required (for ex.
org. M8 Pacific Reston. Honolulu. HA. 808-544-ample, two copies of each map for local floodplain management pro-Missourt River Davision. Omaha, NB.
Maine and New Hampshire commu-5880 gram. Each SCS State Office has ad-i 402-221-727e ditional flood elevation and related Storm surge frequency informa. nities to Boston regional officet j
the% data on file from Water. North Central Division. Chicago.11. 312-tion and interpretative assistance Malling list inquiries should be sent 353-4631 i
shed Project and Resource and Con. Ohio River Dtvision. P="
'( 054.513-and Atlantic coasts. Studies have are available for the Gulf of Mexico L8:
j servmHart Development Project in, e84-3012 Enstncering Divtston. Federal Insurance been completed for the Gulf of westigations. River Basins Surveys. North Pacific Division. Portland. OR.
Administration. Room 5150 HUD i
and detailed soil surveys. If the 563-221-3823 Mexico coast from the Alabama-neland Walon. Waltham. MA.
Florida border to southern 11orida; Buttdtns. 4517th street. SW Washins.
1 State or field office address la not w
ton. D.C. 20514. Telephone: 202-755-known contact: Chief. Floodplain and along the Atlantic coast from 7510.
De APOSan Francts-southern Florida to Cape Henlopen.
Managemeent and Special Projects co. 308-438-2883 the southern boundary of Delawan (2) Regaests for a Single Map.
Branch. River Basins Division. SCS:
P.O. Box 2000. Washington, D.C.
Bay. The National Weather Service Request /s) for a previously pub-20013. Telephone 202-447-7497.
DEPARTMENT OF COMMERCE also provides warnings of stwin lished FHBM or FIRM may be made NOAA-Netammet Weather Service surges associated with tropical and by calling FIA's foll free number 800-424-8872 from outalde of the DEPARTMENT OF THE ARMY Floodplain information and inter-extratropical storms. Por storm surge frequency information and in-Corps of s -- _
points on larger rivers of the United terpretative assistance contact:
pretative maslatance for specific from within" the Washington. D.C.
j The Corps' separately funded j
Flood Plain Managesment Services States can be obtained from the Na-Chief. Water Management Informa- """'
j Programa has units in 47 District and Llonal Weather Service. Information tion. NWS Office of Hydrology (3) Mood Insumace Mudy Repts.
(W21). 8080-13th Street. Silver hese detalled engineering mports Division offices located throughout available consists of the flood stage l
the country which provide informa-for selected communities (the stage Spring. MD 20010. Telephone: 301-are distributed to those on the mail-427-7543*
Ing list when a FIRM is initially pub-j tion and easistance in flood-related above which flood damage occurs) lished. However, because there has and historical flood information for DEPAltTMENT OF IMMJSING AND not been a recurring demand for this j
anettera. They snalntain a file of that location. An annual publientiart f W an Information, survey. and URBAN DEVEIA)PMENT information. FIA does not have a
]
Other reports containing floodplain entitled River Forecesis Pmpided by lac National WestAer Service, lists FM Housing Md a-hatten system for supplying copies to inter-i delineations, flood profiles, and data the points for which data are com-The civil engineer at the 78 local Copies are available at:(1) FINS En-ested organizations at a later date.
j en flood discharges and hydro-piled and includes that flood stage at or regional offices has specific sincering Division (address above);
j 40 senemas seemsen vot. 4a, seo. se_sessar. sammuner se, swa semanat asessen. voa. ca seo. so-sessay, eeneumer se, swa 41 4
~.
~.
NOTICES NOTICES (2) FIA Regional Offices (see list Hureau of 1,and Management below) and (3) Chief Executive Offl-tershed. Since 1953. TVA has con.
STATES cer of the local community within The Bureau of Land Management ducted a program of floodplain man
- which the action is proposed to be (BLM) has District Offices located in Many (but not all) States have agement assistance to local govern-carried out.
the 11 Western States and Alaska in.
ments. Reports have been published grams. They have on file or access to active floodplain management pro-volved in land use planning for for more than 130 communttles, and most floodplain information generat.
Region I-Boston.617 223-2616 public lands. Floodplain protection have provided profiles and flood ed by Federal and State agencies. re-Reston II-New Yorit City. 212-264-4734 and flood prevention is a significant data to at least 70 others. Detailed gional organizations, special districts Reston III-Philadelphia. 215-597-9581 element in the BLM planning information in files pertains to large and private consultants. State agen-Resfon IV-Atlanta. 404-257-2391 system, and each District Office floods which have occurred in the cles are usually staffed and funded Region V-Chicago. 312-353-0757 Reston VI-Dallas. 214-740-7412 maintains a file of existing flood-j Region VII-Kansas City.816-374-2161 plain maps which are availabic for Valley since the 1930's, and in less to:(1) coordinate floodplain manage-Region VIII-Denver. 303-837-5041 public inspection. If the location of detall. dating back to the large flood ment activities; (2) develop minimum the District Office is not known. con-of 1867. TVA's Flood Plain Manage-standards for floodplain regulations; 4
ment Services Staff provides technt. (3) assist local units of government Se tie *206 2-102}
tact: Bureau of Land Management, 4
cat assistance to help those who pro- (counties, cities, etc.) in developing U.S. Department of the Interior.
Requests for floodplain manage-18th & C Streets. NW., Washington.
pose developments in floodplains to floodplain management programs; ment services, and a list of experi-D.C. 20240. Telephone: 202-343-5717.
use the floodplain wisely.
Contact:
and (4) interpret available floodplain enced consulting engineers may be Flood Plain Management Services, information. For most States. the obtained from the Director. Flood.
Hureau of keclamatio" 100 Liberty Building. Tennessee appropriate contact is the Depart-plain Management Division. Federal Valley Authority. Knoxville. TN.
ment of Naturaa Resources or the The flood hydrologist at the seven 37902. Telephone: 615-632-4451.
Water Resources Division. At the Insurance Administration 451 7th regional offices has knowledge of suWe level. re@nal agencb such Street.
S.W Washington.
D.C.
flooding and flood elevation for re-1)EIAWARE RIVER HASIN as conservancy districts and multi-20411 Telephone 202-426-1891.
lated locations associated with COMMISSION county planning agencies may be a 4
DEPARTMENT OF THE INTERIOR Bureau projects and can provide in-The Commission maintains a file terpretive assistance for existing Ceological Survey data.
of floodplain information, delinea-User Assistance Centers at 48 loca-F r In rmation contact one of the tion and flood data studies prepared APPFNDIX H--RELATED PR(MIRAMS seven regional or nearby project of-by the Commission. Federal agencies AND REFERENCES es or the Flood Hydrology Sec-and others. Where data exist, assis-Putilications on on i d dis tance with h.terpretation will be pro-characes, flood depths. and velocities, p.o' Bo 2
er r
Useful information on many of the profiles of the water surface during Center. Denver. CO. 80225. Tele.
y Q
subjects discussed in this document major floods, areas inundated during phone: 303-234-2035.
mission. P.O. Box 7360 West Tren-major floods, time-of-travel of flood ton N.J. 08628. Telephone: 609-883-wave, and sediment transport data; Fiali and Wildlife Service 9500.
studies related to the objectives of C) Interpretive information regard.
Executive Order 11988:
ing flood-frequency relations esti-The Fish and Wildlife Service pro.
SUSQUEHANNA RIVER HASIN "A Unified National ITogram for mates of 10,50,100, and *>00 years vides expertise on questions relating COMMISSION Managing Flood Losses." House to fish, wildlife, and habitat re-flood discharges, coms,uted water The Commission maintains a file source, preservation, and mainte-surface profiles, and flood-prone
"" ^
nance. It functions through six re-of detailed hydrologic and hydraulic areas delineated on topographie maps, in most communities in the gional, area and field offices. For in-Information for 245 basin communi-l##' A"""*
formation contact any of these of-ties studied under the National United States, with known flood fices. or the Fish and Wildlife Scr-Flood Insurance Program for HUD. Rules and Regulations of tac Nation-problems; and (c) assistance in mini. vice. U.S. Department of the Interi-Limited additional hydrological data al Flood insurance Program. 41-mizing flood losses by quickly identi. Or.18th and C Streets NW., Wash-for other areas also is available. The FR 207. Oct. 26.1976, at CFR 1909, 1
fying areas of potential flood haz. Inston. D.C. 20240. Telephone: 202-CommMon can provide general in.
et seq. Copies of the rules and re-ards. If the User Assistance Center 344-5715.
formation and guidance on flood.
sulationas can be obtained from address is not known, contact: Chief, plain management measures. Con.
the U.S. Department of Housing i
Surface Water Branch. Water Re.
TENNESSEE VAI.I.EY Atfnf0RITY tact: Chief. Planning and Oper, and Urban Development. Federal ations. Susquehanna River Basin Insurance Administration. Wash.
sources Division. UE. Ocological Activities in water resources are Survey. National Center. Reston, confined to portions of the seven Commission. 1721 North Front inston. D.C. 20410.
VA. 22092. Telephone: 703-860-6837. States in the Tennessee Valley Wa-Street. Harrisburg. PA.17102. Tele-Regulation of Flood Nazard Arcas to phone: 717-238-0425.
Reduce flood Losses. A 2. volume 42 PosesAt BGetHER. Vot. 43. 8e0. M-788SaY. PteeUARY 30. 3978 pggeAAL 3000H08. VOL. 43 seo. M-res0AY, PGAGUARY 10.19Fs 43
e NODCES NODCES work published by the Water Re-National Trail Systems Act (16 Ubc sources Council in 1971-1972. It 1241). NPS The problem arises mainly from Sscrton 1. Each agency shall pro-contains legal aspects of and draft Fish and Wildlife Coordination Act (16 unwise land use practices. '"he Fed-vide leadership and shall take action legislation for riverine and coastal USC 661) Fish and Wildlife Restoration eral Government can be responsible to reduce the risk of flood loss to floodplain regulation programs of Projects (16 USC 777 and 669). FW3 for or can influence these practices minimize the impact of floods on states and local governments.
En scred Species Act (16 USC 1531)-
in the construction of projects, in human safety, health and welfare, the management of its own ptoper-and to restore and preserve the nat.
Flood proofing Regulations-U.S.
The Wilderness Act (16 USC 1131) var-des. In h paisbn M Unancial w ural and knMclal Mues seM h Army Corps of Engineers. June' tous technical assistance including sup-floodplains in carrying out its re-1972 (EP1165-2-314).
tand and Water Conservation Fund Act port of financial institullons, and in sponsibilities for (1) acquiring, man-A UnVicd National Program for Antiquites Act of 1906 (16 USC 431),
licenses or permits. In addition to aging and disposing of Federal lands (16 USC 4601). IICH3 the uses for which its agencies issue Flood Plain Management, U.S.
HCH3 and facilities;(2) providing Federally Water Resources Council. July. Archeological and Iltstoric Preservauon minimizing the danger to human undertaken, financed, or assisted 1976.
Act of 1974 (16 USC 469). IICRS and nonhuman communities living construction and improvements; and in floodplains, active floodplain (3) conducting Federal activities and A Perspectity on flood Plain Regada-Agencies should consides reviewing management represents sound busi-tions for Flood Plain Afanagement this body of legislation, act by act in ness practice by reducing the risk of programs affecting land use, includ-U.S. Army Corps of Engineers, June.1976 (EPl165-2-304).
light of the Order to uncover opp,or-fl od damage to properties benefit-Ing but not limited to water and re-tunities within their existing pro _
ing from Federal assistance.
lated land resources planning, regu-Elecated Residential St f
grams for protecting the natural and Because unwise Domiplain develop-latlog, and licensing activities.
IlUD~ Federal Insurance Adm a bencilcial floodplain values under ment can lead to the loss of human Szc. 2. In carrying out the activi-tration. September
- 1976*
the powers of these acts as well as to and other natural resources, it is ties described in Section 1 of this uncover problem areas in meeting simply a bad Federal investment and Order, each agency has a responal-8televant Issislative Authority and mandates (lack of guidance, ceiling
- should be avoided. In order to avoid bility to evaluate the potential ef-S.atement of Congressional Purpose for budgets, etc.)
to the extent possible the long-and fects of any actions it may take in a Minimizing Floodplain Encroachment short-term adverse impacts associat-floodplain; to ensure that its plan-There is a large body of Federal M*PFNDIX C -E.n11988 ed with the occupancy and modifica-ning programs and budget requests reflect consideration of flood haz-ice'slation relevant to preservation Fl.04)DPI.AIN MANAGEME'NT tion of floodplains and to avoid ards and floodplain management; or restoration of floodplains. Some matement h the Nandent direct or indirect support of flood-i of the major items of legishtion are Armaranpas I
May 2A Im plain development wherever there is and to prescribe procedures to imple-ment the policies and requirements listed below.
a practicable alternative. I have of this Order. as follows:
The floodplains which adjoin the issued an Executive order on flood-
" *"d W *""
Nation's inland and coastal waters plain management.
(a) (1) Before taking an action.
Water Resources Planntna Act (42 USC have long been recognized as having each agency shall determine wheth-i 1962). WRC special values to our citizens They F.O. Il% Floodplain Management er the proposed action will occur in a Watershed Protection and Plumt Preven-have provided us with wildlife habi-floodplain-for major Federal ac-uon Act (16 USC 1001).Es tat, agricultural and forest products, By virtue of the authority vested tions significantly affecting the qual-r and liarbor Act of 1899 (33 USL,
- t. table ecosystems, and park and re-in me by the Constitution and stat. ity of the human environment, the creation areas. Ilowever, unwise use utes of the United States of Amer. evaluation required below will be in-Ica, and as President of the United cluded in any statement prepared Flood Cc.ntrol Act of 1944 (16 USC 460d.
and development of our riverine.
States of America, in furtherance of under Section 102(2)(C) of the Na-et al.). COE coastal and other floodplains not Flood Disaster Protection Act of 1973 (42 only destroy many of the special the Natlonal Environmental Polley tional Environmental Policy Act.
USC 4001),
qualities of these areas but pose a Act of 1969, as amended (42 U.S.C.
This determination thall be made ac-Federal Water Ibnution Control Act severe threat to human life, health, 4321 et seq.), the National Flood In.
cording to a Department of Ifousing Amendments of 1972 (33 USC 1251).
and property.
surance Act of 1968 as amended (42 and Urban Development (HUD)
EPG U.S.C. 4001 et seq.) and the Flood floodplain map or a more detailed Coastal Zone Management Act (la USC Since the adoption of a national Disaster Protection Act of 1973 map of an area. If available. If such 1451L m flood control policy in 1936 the Ped-(Public Law 93-234. 87 Stat. 975). In maps are not available, the agency
""g ntrol and Reclamauon eral Government has invested about n
$10 billion in flood protection works.
order to avoid to the extent possible shall make a determination of the the long and short term adverse im-location of the floodplain based on "1800 Organic Act** of the Nauonal Despite substantial efforts by the Weather Scrvice (15 USC 311) NOAA Federal Government to reduce flood pacts associated with the occupancy the best available information. The and modification of floodplains and Water Resources Council shall issue NatJonal Environmental Abucy Act (42 hazards and protect floodplains.
Wud and scente luvers Act (to USC annual losses from floods and ad-to avoid direct or indirect support of guidance on this information not USC 4321). crq floodplain development wherever later than October 1.19'i7.
1271). NPS verse alteration of floodplains con-there is a practicable alternative it (2) If an agency has determined to.
tinue to increase.
is hereby ordered as follows-or proposes to, conduct, support, or 44 reseSA& Geee5fte, Vol 43. No. 29-feGAF, PSSRUARY le, $Ug pgSGGA4 390elfta. VOL. 43. No WPSmay weenaev ea om d6
NOTICES NOTICES allow an action to be located in t.
and Budget shall indicate, if an fibodplain, the agency shall consider action to be proposed will be located (a) The regulations and procedures ed (42 U.S.C. 4106 and 4128), agen-a'ternatives to avoid adverse effects in a floodplain, whether the pro-established under Section 2(d) of cies which guarantee, approve, regu-and locompatible development in posed action is in accord with this this Order shall, at a minimum, re-late, or insure any financial transac-the floodplain. If the head of the Order.
quire the construction of Federal tion which is related to an area lo-agency finds that the only practica-ble alternative consistent with the (c) Each agency shall take flood.
structures and facilities to be in ac-cated in a floodplain shall, pr!or to cordance with the standards and crl-completing action on such transac-plain management into account law and with the policy set forth in this Order requires siting in a flood-when formulating or evaluating any teria and to be consistent with the tion, inform any private parties par-water and land use plans and shall intent of those promulgated under ticipating in the transaction of the plain, the agency shall, prior to taking action. (D design or modify its require land and water resources use the National Flood Insurance Pro. hazards of locating structures in the action in order to minhnize potential appropriate to the degree of hazard gram. They shall deuste only to the floodplain.
extent that the standards of the Szc. 5. The head of each agency involved. Agencies shall include ade.
harm to or within the floodplain, quate provision for the evaluation Flood Insurance Program are de.
shall submit a report to the Council consistent with regulations issued in and consideration of flood hazards monstrably inappropriate for a given on Environmental Quality and to accor.1 with Section 2(d) of this Order, and (111 prepare and circulate in the regulations and operating pro-type of structure or facility.
the Water Resources Council on (b) If, after compliance with the June 30,1978 regarding the status cedures for the licenses. permits, a notice containing an explanation loans or grants-in-aid programs that requirements of this Order. new con. of their procedures and the impact of thy the action is proposed to be they administer. Agencies shall also struction of structures or fac111tles of this Order on the agency's oper-located in the floodplain, 3
(3) For programs subject to the encourage and provide appropriate are to be located in a floodplain, ac-ations. Thereafter, the Water Re-Office of Management and Budget guidance to applicanta to evaluate cepted floodproofing and other flood sources Council shall periodically the effects of their proposals in protection measures shall be applied evaluate agency procedures and Circular A-95. the agency shall send the notice. not to exceed three pages floodplains prior to submitting appil-to new construction or rehabilita-their effectiveness.
in length including a location map. cations for Federal licenses, permits, tion. To achieve flood protection.
Szc. 6. As used,in this Order-loans or grants.
agencies shall, wherever practicable, g,"
,"an to the state and areawide A-95 (d) As allowed by law each agency elevate structures above the base h ] y'hCI.i.n t e te Ex clearinghousca for the geographic shall issue or amend existing regula-flood level rather than filling in areas affected. The notice shall in-land.
e United ta e
tions and procedures within one year dude:(D the reasons why the action to comply with this Order. Then,e (c) If property used by the general and shall include the m!!!tary de-la propoecd to be located in a flood-public has suffered flood damage or partments; the directives contained procedures shall incorporate the is located in an identified flood in this Order. however are meant to plain; (lD a statement Indicating whether the action conforms to ap-Unifled National Program for Flood-plicable state or lock! floodplain pro-plain Management of the Water Re-hazard area, the responsible agency apply only to those airencies which shall provide on structures, and perform the activities described in tection standards and (111) a list of sources Council, and shall explain other places where appropriate, con-Section I which are located in or af-the means that the agency will spicuous delineation of past and the alternatives considered. Agencies fecting floodplains.
shall endeavor to allow a brief com-employ to pursue the nonhazardous use of riverine, coastal and other probable flood height in order to en-(b) The term "base flood" shall ment period prior to taking any floodplains in connection with the hance public awareness of and mean that flood which has a one action.
(4) Each agency shall also provide activities under its authority. To the knowledge about flood hazards-percent or greater chance of occur-(d) When property In floodplains rence in any given year.
opportunity for early public review extent possible, existing processes, is proposed for lease, ensement.
The term "floodplain" chah (c) of any plans or proposals for actions such as those of the Council on En-in floodplains. In accordance with vironmental Quality and the Water right-of-way, or disposal to non-Fed-mean the lowland and relatively flat Section 2(b) of Executive Order No.
Resources Council. shall be utilized eral public or private parties, the areas adjoining inland and coastal 11514 as amended including the de-to fulfill the requirements of this Federal agency shall (1) reference in waters including floodprone areas of velopment of procedures to accom-Order. Agencies shall prepare their the conveyance those usca that are offshore Islands. Including at a mini-plish this objective for Federal ac-procedures in consultation with the restricted under identified Federal, mum, that area subject to a one per-tions whose impact is not significant Water Resources Council, the Feder.
State, or local floodplain regulations; cent or greater chance of flooding in enough to require the preparation of al Insurance Administration, and the and (2) attach other appropriate re-any given year.
Suc. 7. Executive Order No.11296 Council on Environmental Quality, strictions to the uses of properties of August 10. 1966 Is hereby re-an environmental impact statement and shall update such procedures as by the grantee or purchaser and anY under Section 102(2)(C) of the Na-successors, except where prohibited volted. All actions, procedures, and necessary.
issuances taken under that Order tional Environmental Polley Act of Ssc. 3. In addition to the require-by law; or (3) withhold such proper-and still in effect shall remain in 1980, as amended.
C) Any requests for new authort-ments of Section 2. agencies with re-ties from conveyance.
effect until modified by appropriate zations or appropriations transmit-aponsibilities for Federal real prop-Sec. 4. In addition to any responst-authority under the terms of this ted to the Office of Management erty and facilities shall take the fol-bilities under this Order and Sec-Order.
lowing measures-tions 202 and 205 of the Flood Disas-Szc. 8. Nothing in this Order shall ter Protection Act of 1973. as amend-apply to assistance provided for 46 reeenat asemse. voa. 43. no. zweemar, enesumer so. ins
o
+
NOHCES I
NOTICES essergenc/ work essendal to save torted in the 1960's. This piecemeal facilities; and (2) providing Federally mittc-d to the Office of Management Dres and protect property and public alteraHon and destruction of wet-undertaken, financed, or assisted and Budget shall indicate, if an health and safety, performed pursu-lands through draining. dredging, construction and improvements; and action to be proposed will be located ant to Sections 306 and 306 of the ft!!ing, and other means has had an (3) conducting Federal activities and in wetlands, whether the proposed Disaster Relief Act of 1974 (88 Stat. adverse cumulauve impact on our programs affecting land use. Includ-action is in accord with this Order.
148,42 U.S.C. 5145 and 5144).
natural resources and on the qualit~
Ing but not limited to water and re-Sec. 4. When Federally-owned wet-Soc. 9. To the extent the provi-of human Ilfe.
lated land rea aurces planning, regu-lands or portions of wetlands are siens of Section 2(a) of this Order The problem of loss of wetlands laung, and licensing activities.
proposed for lease. casement. right.
are applicable to projects covered by arises mainly froer. unwise land use (b) This Order does not apply to of.way or disposal to non. Federal Section 104(h) of the Housing and practices. The Federal Government the issuance by Federal agencies of public or private parties, the Federal Casassunity Development Act of can be responsible for or can influ.
permits, licenses, or allocations to agency shall (a) reference in the con-1974, as amended (88 Stat. 640. 42 ence these practices in the construc.
private parues for activities involv-veyance those uses that are restrict-U.S.C. 5304(h)) the responsibilities Lion of projects, in the management ing wetlands on non-Federal proper-ed under identified Federal. State or under those provisions may be as-of its own properties, and in the pro.
ty.
local wetlands reguladons; and (b) sumed by the appropriate appilcant, vblons of finspelal or technical assis.
Sec. 2. (a) In furtherance of Sec-attach eher appropriate restrictions if the applicant has also r-.%
tance.
tion 101(bX3) of the National Envi-to the uses of properties by the gran-with respect to such projects, all of In order to avoid to the extent p ronmental Policy Act of 1969 (42 Lee or purchaser and any successor.
the responsitdlities for environmen-sable the long and short term ad-U.S.C. 4331(bM3) to improve and co-except where prohibited by law; or tal review, decisionsnaking, and verse impacts arsociated with the de, ordinate Federal plans. functions. (c) withhold such properties from action pursuant to the Madonal En-struction or anodification of wetlands programs and resources to the end disposal.
vironmental Policy Act of 1969, as and to evold direct or ladirect sup-that the Nation may attain the Sec. 5. In carrying out the activi-assended.
port of new construcuon in wetlands widest range of beneficial uses of the ties described in Section 1 of this Jaasser Cantaa.
wherever there is a practicmMe alter-environment without degradation Order, each agency shall consider The White House
- native. I have issued an Execuuve and risk to health or safety, each factors relevant to a proposal's Biay 24,1977-Order on the protection of wetlands.
agency, to the extent permitted by effect on the survival and quality of law shall avoad undertaking or pro-the wetlands. Among these factors APPENDl1 D-liLO. Ingse Eswative Order II996-Proceetism of viding assistance for new construc-are:
PSUTECTION OF WETLANDel Wetisade Lion located in wetlands unless the (a) pubile health, safety, and wel-Semesment h the Premient head of the agency finds (1) that fare, including water supply, quality.
- ying E.O.11990 By virtue of the authority vested there is no practicable alternative to recharge and disciurse; pollution; in me by the Constituuon and stat-such construction, and (2) that the flood and storm hawards, and sedi-The P'auon's coastal and inland utes of the United mat,a of Amer-proposed action includes all practica-ment and erosion; weuands are vitas natural resources Aca, and as President of the United ble measures to minimise harm to (b) maintenance of natural sys-of critical innportance to the people States of America. In furtherance of weuands which may result from teins, including conservation and of this country. Wetlands are areas the National Environmental Policy such use. In making this finding the long term productivity of existing of great natural producuvi*y. hydro-Act of !.Dee, as amended (42 U.S.C, head of the agency may take into ac-flora and fauna, species and habitat logical unlity, and environmental di-4321 ci seq.). In order to avoid to the count econosale environmental and diversity and stability, hydrologic versity, providing natural flood con-extent possible the long and short other pertinent factors.
utility, fish, wildlife, timber, and trol. Imacrowed water quality, re-term adverse impacts associated with (b) Each agency shall also provide food and fiber resources; and charge of agulfers, flow stabilizadon the destrucMon or anodification of opportunity for early pubtle review (c) Other uses of wetlands in the of streams and rivers, and habitat wetlands and to avoid direct or tradt-of any plans or proposals for new public interest, including recreation-for fish and wildlife resources. Wet-rect support of new construction in construction in wetlands, in accor-al. scientific, and cultural uses.
lensis contribute to the producuon weuands wherever there is a practi-dance with Section 2(b) of Executive Sec. 6. As allowed by law. agencies of agricultural products and timber, cable alternative, it is hareby or-Order No.11514. a.s assended. includ-shall issue or amend their existing and provide recreaMonal, scientific, dered as followa-Ing the developsnent of procedures procedures in order to comply with and aesthetic resources of riattarial Smersoss 1. (a) Each agency shall to aceosspilsh this objective for Fed-this Order. To the extent posslble, interest.
provide leadershlp and shall take eral actions whose Isapact is not sig-existing proccasts. such as those of
'I1te unwise use and development action to minimise the destruction.
nificant enough to require the prep-the Council on Environmental Qual-of wettaasds wilt destroy many cf loss or degranaarton of wetlasets and aration of an environsmental impact ity and the Water Resources Coun-their special cualities and important to preserve and enhance the natural statessent under Sectaen 102(2XC) of cil, shall be utilised to fulfill the re-natural functions. Recent estimanten and beseeficial values of wetlands in the National Environsmental Policy quirements of this Order.
ind6cate that the Unated maten has carrying out the agency's responel.
Act of 1989, as aumended.
Sec. *l. As used in this Order; already lost over 40 percent of our bilities for (1) acquiring rnanaging.
Soc. 3. Any requests for new au-(a) The term "agency" shall have 120 saillion acres of weuands inven-and disposing of Federal lands and thorisations or approprianons trans-the same meaning as the term "Ex-48 sesenat====== voa. m see. so-sessar, seenmaar og swo seamaa saammma voa. es eso. so-.sessay, sessumer ieL swa 49
NOTICES NOTICES ecutive agency" in Section 105 of ing and Community Development ment. Such activities shall include taken or planned. Including such Title 5 of the United States Code Act of 1974, as amended (88 Stat.
those directed to controlling pollu-measures to be proposed to the and shall include the military de.
640. 42 U.S.C. 5304(h)), the responsi-fion and enhancing the environment President as may be necessary to partments; the directives contained bilities under those provisions may and those designed to accomplish bring their authority and policies in this Order, however, are meant to be assumed by the appropriate appil.
Other program objectives which may into conformance w'*h the intent, apply only to those agencies which cant, if the applicant has also as, affect the quality of the environ-purposes, and procedures of the Act, perform the activities describel in sumed. with respect to such projects.
ment. Agencies shall develop pro. shall be provided to the Council on Section I which are located in or af-all of the responsibi!!tles for enet.
grams and measures to protect and Environmental Quality not later fecting wetlands.
ronmental review, decisionmaking.
l enhance environmental quality and than September 1.1970.
Q) The term "new construction" and action pursuant to the National shalt assess progress in meeting the (e) Engage in exchange of data shall include draining. dredging. Environmental Policy Act of 1969, as
}
specific objectives of such activities. and research results, and cooperate channelizing. filling, diking.
Im-amended.
Ileads of agcncies shall consult with with agencies of other governments pounding, and related activities and approprAte Feceral. State and local to foster the purpose of the Act.
any otructures or facilities begun or N
N agencies in carrying out their activi-(f) Proceed, in coordination with authorized after the ef fective date of The White flouse, ties as tag affML the quality of the other agencies, with actions required this Order May 24.1977*
N IU#d**"l-by section 102 of the Act.
(c) The term "wetlands" means W Wyckp pracedures to ensure (g) In carrying out their resporri-those areas L1 at are inundated by APPENDIX E-E.O.1I534 the lulicat pmeticable provision of bilities under the Act and this Order, surface or ground water with a fre.
PHOTECTION AND ENHANCEMENT timely public Information and sm.
comply with the regulations h.2ued quency sufficient to support and OF ENVIRONMENTAL QUALITY derstanding of Federal plans and the un I exce suc under normal circumstances does or programs with environmental would support a prevalence of vege. Enrerpts Freen E.O.
liste (March 5 Impact in order to obtaka the views with statutor I
ts.
tative or aquatic life that requires 1370). as Anunded by E.O. 11391 of interested parties. These proce, Sec 3 Res natbi f of Conne:I saturated or seasonally saturated iMay 24.1377). Sees. 2(g) and 3(h) dures shall include, whenever appro-on Environmental Qualit Th*
soll conditions for growth and repro-By virtue of the authority vested priate. provision for public hearings, gg g
duction. Wetlands generally include in me as President of the United and shall provide the public with rel-shall-swamps, marshes, bugs, and similar States and in fustherance of the pur-evant information, including infor-g,3 Evaluate existing and proposed areas such as sloughts, potholes wet pose and policy of the National Envi-mation on alternative courses of policies and activities of the Federal meadows. river overflows, mud flats. ronmental Policy Act of 1969 (Public action. Federal agencies shall also Government directed to the control and natural porms.
Law No.91-190. approved January 1 encourage State and local agencies of pollution and the enhancement of Sec. 8. This Order doe 9 not apply 1970). It is ordered as follows.
to adopt similar procedures inform-the environment and to the accom-to projects presently under construc-Section 1.
Policy. The I'ederal ing the public concerning their ac-plishment of other objectives which ifon, or to projects for which all of Government shall provide leadership tivities affecting the quality of the affect the quality of the environ.
funds have been appropriated in protecting and enhancing the
'"VIf"""*"I-ment. This shall include continuing u*
through Fiscal Year 1977, or to pro-quality of the Nation's environment (c) Ynsure that information regard" review of procedures employed in Jects and programs for which a draft to sustain and enrich numan life; ing existing or potential environ-the develop nent and enforcement of or finel environmental impact state-I+deral agencies shall initiate mes.
mental problems and control meth-Federal standards affecting environ-ment will be filed prior to October 1 sures needed to direct their policies, ods developed as part of research, mental quality. Based upon such 1977. The provisions of Section 2 of plans and programs so as to meet na-development. demonstration, test, or evaluations the Council shall where this Order shall be implemented by tional environmental goals. The evaluation activities is made avall-appropriate. recommend to the President policies and programs to each agency :st later than October Council on Environmental Quality.
able to Federal agencies. States. achieve more effective protection 1.1977.
through the Chairman, shall advise counties. municipalities. InstituttorW Sec. 9. Nothing in this Order shall and assist the President in leading and other entitles, as appropriate.
and enhancement of environmental quality and shall, where appropnate, apply to assistance provided for this national effort.
(d) Review their agencies statu-emergency work. essential to save Sec. 2. Responsibilities of Faferal tory authority, administrative regu-seek resolutten of significant envi-ronmental issues.
lives and protect property and puolic agencies. Consonant with Title I of lations, policies, and procedures, in-(b) Recommend to the Prealdent health and safety, performed pursu-the National Environmental Policy cluding those relating to loans. and to the agencies priorities among ant to Sections 305 and 306 of the Act of 1969, hereafter referred to as grants contracts, leases. licenses, or i
programs designed for the control of Disaster Relief Act of 1974 (88 Stat. the "Act", the heads of Federal Oermits, in order to identify any de-pollution and for enhancement of 4
148. 42 U.S.C. 5145 and 5146).
agencies shall:
ficiencies or inconsistencies therein the environment.
Sec.10. To the extent the provi-(a) Monitor, evaluate, and control which prohibit or limit full compll-(c) Determine the need for new sions of Sections 2 and 5 of this on a continuing basis their agencies, ance with the purposes and provi-s olicies and programs for dealing Order are applicable to projects cov-acitivities so as to protect and en-slons of the Act. A report on this with environmental problems not cred by Section 404th) of the Hous-hance the quality of the environ-review and the correc;1ve actions being adequately addressed.
50 ensemas aseessen. voa. as un w_
- aa.. - = - - - - - - - - - - - - - - -
e
~
90059CES
(') Conduct as it determines to be impact statements to be concise, appropriate public hearings or con-cIcar. and to the point, and support-ferences on issues of environmental ed by eviderxv that agencies have significance.
made the necessary environmental
(;) Promote the development and analyses. The Council shall include use of indices and monitoring sys-in its regulations procedures (1) for tems (1) to assess environmental the ently g,wpa ation of environ-conditions and trends. (2) to predict mental impact statements, and (2) the environmental impact of pro-for the referral to the Council of posed public and privnte actions, and conflicts between agencies concern-(3) to determine the effectiveness of ing the implementation of the programs for protecting and enhanc-Nrtion Environmental Polley Act of Ing environmental quality.
1969 as amended, and Sc* tion 3c8 of (f) Coordinate FWieral prorrams the Clean Air Act, as amended, for 1
related to environmental quality.
the Council's recommendation as to (n) Advise and aerist the President their prompt resolution.
and the agencies in achieving inter-(1) Issue such other instructions to national cooperation for dealinas agencies, and request such reports with environmental problems under the foreign policy guidance of the and other information from them, as Secretary of State-may be required to carry out the (h) Issue regulations to Federal Council's responsibilities under the
- Act, th ur I lons f (J) Assist the President in prepar-(42 U.S.C. 4332(2)L Such regulations ing the annual Environmental Qual-shall be developed after consultation Ity Report provided for in section with affected agencies and after 201 of the Act, such public hearine as may be ap-(k) Poster investigations, studies.
propriate. They vdl be designed to surveys, researcia and analyses relat-d make the enviror mental impact Ing to (1) ecological systems and en-statement process more viseful to vironmentAl quality. (11) the impact decisionmakers and the public; and of new and changing technologies to reduce paperwork and the accu-thereon, and (iii) means of present-mulallon of extraneous background ing or redwing adverse effects from data, in order to emphaatw the need such technologies.
to focus on real environmental issues and alternatives. They will require IFR Doc. 78-3786 Filed 2-9 78;,8.45 aml 4
I 52 was seessium, vot. es. eso. s+-.esar ressuaar se. sors g
i
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