ML20151Z457

Forwards Floodplain Mgt Guidelines for Implementing Executive Order 11988, Per 880316 Telcon Request

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

r

}' 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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U.S. Water Resources Council l

E FLOODPLAIN MANAGEMENT g

GUIDELINES For Implementing

% E.O.11988 h

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43 FR 6030 February 10, 1978

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e o 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) explanation of key terms and flood-at r R urc Counc is c ted y 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

NOTICES NO W -

efforts of an interagency task force restore and preserve the natural of floodplain specialists. Comments and beneficial floodplain values. form of a decision-making process Drranrurnt or Comutact and suggestions for improvement are The framework for meeting these leading from the determination 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. agency procedures. It is recognized O ~* *

• to avoid to the extent possi-ble the- :ong- and short-term ad. e NOTIFY TIIE PUBLIC: if the that acency procedures will neces- Daramrum or liousina aun Umsan verse impacts associated with the head of an agency finds there is no sarily vary to meet legislatively Drvriorunnr 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)

THE ORDER Al*l* LIES TO:

e AMEND OR ISSUE REGULA- Eroup of the Floodplain Manage- Susan S(hmidt (OEPR)

TIONS AND PROCEDURES: (1) ment Technical Committee of the

1. ** I 8' O A11 AGENCIES that: (1) acquire, to avoid the base floodplain if at manage, or dispose of Federal all practicable; (2) to provide for Water Resources Council, in antici-

• Char es Town WI 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 land use. including planning. regu-Orriem or Manacrurnr ano Buncrr 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-decist nmaking. Each agency shall O AIL FEDERAL ACTIONS: de- issue or amend existing regulations day task force of essentially the CounctL ow EnvinonuturaL QUALITY scribed in the preceding sentence. 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: preparing their procedures in con- I "

O AVOID THE BASE FLOOD- or. Al Mathews sultation with the WRC. CEQ. and PLAIN: unless it is the only practi- FIA. WATER RESOUnces COUNCIL cable alternative. Nrw EncLano Ravra BASINS ComulSslon 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 "' "" ^*'" ""'***"

cannot be avoided, adjust to it in Order, section by section. for Drranrutur or AcnicuLTuna 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- """ **'" ""'** "

the impact of floods on human plying with the intent of each sec- DrranrurnT or ruz Amur 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-Rose Mcleod ble Alternatives to locating in the Base e Action-any Federal activity in- tory floodway (often referred to as 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-tively flat areas adjoining inland N*F ###" 3.C.-No Action 28 federally undertaken financed, or 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 cluding at a minimum, that area 4.H.-Lives and Property 29 activilles and programs affecting subject to a one percent or greater 1

Barry Raught 31 land use, including but not limited chance of flooding in an 4.C-Natural and Heneficial Floodpla to water and related land resources iven SouTusast Basins InTan-AczncT ggp {* Minimize. Restore Preserve p a ni E. reguladng, and licenslug year. The base floodplain shall be 4

ConsunTTsz 5.A.-Minimize 35

• C d*8- used to designate the 100-year l 35 floodplain (one percent chance Gary Mathews 5.H.-Restore and Preserve 35 Steve Sutterfield e Agency-an executive department, floodplain). The critical action 5.C.-Methods to Mintmize. Restore and a government corporation, or an floodplain is defined as the 500-Preserve 35 j STATa RsrassanTaTavEs Step 6-Reevaluate Alternatives 37 Independent establishment and in. year floodplain (0.2 percent chance Jack Pardec(California) 6.A.-Iocating in the Base Floodplain 38 cludes the military departments, floodplain).

• 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.

INTaa-state RErmEsENTaT WE Step 7-Findings /Public Explanation 38 of Individual structures and facill-Robert Recmcita (Miami Conservancy 7.AcInterasmcy Nouce 39 rence in any given year (also ties. their sites. and their contents

-^ U " ^ known as a 100-year flood). This to protect against structural fall-I District Ohlo) 7 C.

term is used in the National Flood ure, to keep water out or to reduce Actions located in the 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-Parracs 1 to be used by a community in its est possible amount or degree.

Arranoix A-Frooorunn Inromasarion floodplain management regula-Souncus 40 j ExacvTava Sunsmaar 2 tions. e One Percent Chance Flood-the Arrmix B-REuTE Pk **M8 AnD flood having one chance in 100 of 1 Acunowancassnr e Base El odplain-the 100-year 4

-3 Rsrsmances 43 being exceeded in any one-year

" floodplain (one percent chance period (a large flood). The likell-O wssaar 4 Arrsupix C-Exzcuravr Onorm 11988- flood-plain). Also see definition of 1 hood of exceeding this magnitude

" " 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 4

Omous 119ss 8 Protecuon of Wetlands 48 watercourse of percepuble extent are two chances in three of a 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- pen "U*" '

• or periodically flowing water.

\ " " " " * " * * ' "" # '

Section 3 13 Figure 1-Decision-Making Process for e Critical Action-any activity for e Practicable-capable of being i Section 4 16 which even a slight chance of done within existing constraints.

Section 5 Executive Order 11968 19 The test of what is practicable de-

{ to Figure 2-Floodplain Pictorial Olossary20 flooding would be too great.

section S 16 Figure 3-Flood Insurance Rate Map 21 pends upon the situation and in-T  ; 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

Step 1-Determine if a Proposed Action tion and Technical Assistance Services complete inundation of normally to the natural floodplain environ-z for Determining Whether a Imcation is dry land areas from the overflow a

is Imcated in the Base Floodplain 19 ment or to maintain it as closely as 1.A.-Types of Moodplains 19 in a Floodplain 25 of inland and/or tidal waters and/ possible to its natural state.

1.tL-IJmits of Mooding 23 or the unusual and rapid accumu-(;1AMiSARY lation or runoff of surface waters e Regulatory Floodway-the area i

' 1.C.-Critical Actions 26 Step 2-Early Public Review 26 Throughout this document, the from any source. legulated by Federal. State or l following basic definitions ahtll local requirementa; the channel of 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 horizontally or vertically. to pro- method for satisfying this require- ment (U.S. Water Resources Council, future. In preparing these guide-vide for the discharge of the base ment is to avoid sites on the base 1976) which sets forth a cont.eptual lines, the Water Resources Council flood so the cumulative increase in floodplain. If an action must be 10- frameworlt and recommends Federal recognized: (1) the impossibility of and State actions for a continuing anticipaung the full range of indi-i I

water surface elevation is no more cated on the base floodplain, the than a designated amount (not to Order requires that agencies mini-I unified program for planning and vidual program situations affected exceed one foot as set by the mize potential harm to people and action at all levels of government to by the Order, and (2) the responst-NFIP). property and to natural and beneft- reduce the risit of flood losses bility for individual agencies to through floodplain management. tailor their procedures to meet both O Restore-to re-establish a setting n a in- e E ecu tv r l'988 is based in legislamely presc@ed mis-or environment in which the natu- part on the National Environmental cludes a broad Federal effort, both slons and the requirements of the 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-O Structures-walled or roofed build. pects of floodplain management floodplains including recognition of sory and the agencies will draft their '

ings, including mobile homes and which were not present in the old natural and beneficial floodplain own rules and reguladons, there is gas or liquid storage tanks that are Executive order. To achieve this. the values. some concern that reasonable consis-primarily above ground (as set by rde u th t To assure compliance with the tency will exist among agencies.

1. e Order, provision is made for both Therefore, by October 1,1978. the 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-extent possible the long- and short- having a 0.2 percent chance of occur- Executh Order 11990-Protection 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 ance provided in this document and shall take action to reduce the risk of er n fl ha de oodpla r$

management; and to prescribe procedures "

the agency procedures for floodplain flood 1088 to minimize the impact of i to implement the policies and require- maps are establishet.* as the mini.

i management will frequentgy appgy floods on human safety. health and wel- ments of this Order

• as followh: mum standards for making this de-ed to and prve me nat- l to wetlands. Agencies may wish to ural and beneficial values served by Three concepts are introduced in termination. Even if no map data 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 these orders. itses for (1) acquiring. managing. and dis- proposing the action perform or Executive Order 11514-Protection posing of Federallands and facilities;(I) vs. planning programs, and imple- have performed a determination of mentation. Evaluation as discussed and Kahancement of Environmenlag providing Federally undertaken. fi- in these guidelines goes beyond iden- whether a proposed action is located QssalifF has been included to clarify provements; nonced or assisted c natruction and im- tifying the impacts of a specific pro- in a floodplain. Guidance for this de-and (3) conducting Federal the pubtle notice aspects of the activities and af posal and includes an ongoing analy- termination was published in the 1

sis of the effects of agency policies 42 No 190 Order. . inc nE _ pEDsaAL Priday. Racisrua30.

September (Vol'977)

I en'itled t

and programs and the dcvelopment "Guidance for Ploodplain Manage-FART I-INTEltPitETATION OF EXECUrlVE ORDER 119118 ulating. and licensing activiues.

The basic concepts expressed in t[ y ou O de . ( he analysis of the full range of their ef-

1. " * ~

This part of the guidelines pro. Section 1 of the Order are: (1) all fects is discussed in Part II-Step SEcrION 2(aM2)

• 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; and (4) all agencies are required to leal change. must be evaluated for *[

their impacts to or within the flood-

• d, eHects and inc mpaubte cess (Part II)- act, not merely consider. reducing plain. Implementation means that head the age y inds t h y 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.

I:y the Constituuon and statutes of the the agency shall. prior to taking action.

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 II-Step 7.)

furtherance of the National Environmen.

in carrying out the various types of floodplain. consistent with regulauons as amended (42 actions enwnerated in this section* Issued in accord with Section 2(d) of this tal Policy SECrlON 2(aMI) Order, and (II) prepare and circulate a UAC. 4321Act et ses). of less'e th National Flood can affect the floodplain through 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 U

I 4001 et ses), and the Flood Disas- the agencies take a leadership mle shall w er the action is proposed to be located in 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) estent possible the long and shwt term levels of government in carrying Gut fecting the quality of the human environ. consideration of alternatives which adverse haracts associated with the occu- actions which affect the floodplain. ment, the evalcation required below will will avoid the floodplain, wherever pancy and modification of floodplains This role requires the agencies to be included in any statement prepared practicable, and alternatives which and to svold dimet w indtuct supowt M under Secuen IC2(2)(C) of the National d*" lead other public and private entitles Environmental Polley Act. This detenni- will avoid adverse effects and incom-

,  % al '[l y or, in achieving the goals of the Order nau be n g a "Libl de i 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 The Introduction establishes the impact, and restoring and preserving detailed map of an area. If available If floodplain resulting from proposed broad scope of the Order derived floodplain values are discussed in such maps are not avan =* the agency actions; and (3) circulation of a from NEPA and the flood insurance Part II-Step 5.) shall make a determination of the loca. notice ("finding")-to the general legislation. (Part II-Step 4 dis- tion of the floodplain based on the best public and affected agencies that cusses impacts associated with the SECTION 2 avanaw informauon. 'the Water Re- siting in the floodplain is the only occupancy and modification of flood- In carrying out the activiues described in soureas Council shall Maue guidance on practicable alternative. The notice 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-velopment. Part II-Step 3 discusses a responsibinty to evaluate the potential section is part of a Israer concern for effects of any actions it may take in a The intent of this subsection is public notice and review carrying the practicability of alternatives.) 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-standard for minimizing harm be- mum to be included in the notice. sources use appropriate to the degree of Agencies shall encourage and pro-c use of the great variety of actions (The notice requirements set out in ***'d "' ' " h* vide approportate guidance to appli-and environments subject to the re- this subsection are discussed in Part te p vIst f c un cants to enable them to evaluate the quirement. Instead. the Order ex- II-Step 7.)

! and consideration of flood hazards in the effects of their proposals in flood-

! regulations and operating procedures for plains prior to submitting applica-pressly recognizes that it is more ap-SECTION 2(a)(4) l the Ilcenses. permits, loan or grants-in. tions for Federal licenses, permits, 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-Two important points should be or proposals for actions in floodplains. In a e eitwts h s in rims- plain management g parameters noted about the standards to be em- accordance with Section 2(bl of Execu- for yral lice to t pe its I W agency must consider 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-smallest amount or degree, there is tions whose impact Is not signtricant Each agency shall take floodplain the trouble of putting together com-an implicit acceptance of practical enoush to require the preparation of an management, as provided for in Sec- pleted plans and submitting them limitations. Agencies are required to environmental impact statement under tion 2(d). Into account when:(1) for- formally before being made aware of use all practiceNe means and mea- section lo2(2MC) of the National Envi- mulating its own water and land use the standards to which the is sures to minimize harm. The Order ronmental Policy Act of 1949, as amend- plans, and (2) evaluating the water subject in reviewin such and land use plans of others.

does not expect agencies to employ ed- Agencies are encoura ed to ref r p-unworkable means to meet this goal. This section requires public notice In the operation of a license. plicants to the agencies listed in Part Second, agency procedures are in- much earlier than the finding re- permit. Ioan, or grant-in-ald pro- II-Table I for guidance on flood-tended to be consistent with the quirement. including notice for ac. gram, each agency must make ade- plain rnanagement matters' quate provision for the evaluation standards in the Flood Insurance tions which do not require environ. and consideration of flood hazards.

Program of the Federal Insurance mental impact statements. (The These provisions shall be included in SECTION 2(d)

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 quired to follow the standards in * ~

eram for Pioodplain Management of the Any requests for new authorizations or fg Water Resources Council. and shall es.

FIA's regulations unless they are de- appropriations transmitted to the Office mizati n,, *" "**"" ** ""d ""' ***"** "III monstrably inappropriate- of Management and Budset shall indi' of Section 2(a) of the Order ppl . empiy to pursue the nonharazardous (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-and public notice are discussed in in-aid, the agency must assure that ble, e:-isting processes, such as those of This subsection complements the Part II-Steps 2 and 7.) pubile review element in the Order the requirements of Section 2(a) the Council on Environmental Quality have been met. To the extent that and the Water Resources Council, shall SEGON 2(am (Subsections 2(a) (2). (3), and (4)). Il an agency deems the requirements be utilized to fulfill the requirements of 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. on 8Mnmental Quainy, and shall nametaan map. to the state and areawide "In accord with" means in compli The f'aod hazard aspects and to "D 878"C pMCedure8 8s necessary A-96 clearinghouses for the scographic ance with the policy and mandator, the degree they are quantifiable, the Agency regulations and procedures it) the reasons why the action is proposed provisions (the letter and spirit) o' floodplain value aspects should be will systematically address each sec-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 Pirin Afanagement in its regulations any lasue relevant to compliance motion, such as appendices identify- dermined by the actions of the Fed-and procedures developed in re- with the Order. WRC will be the ing the agency contacts in Washing- eral agencies. Bcth the positioning sponse to provisions of the Order. point of contact. and will arrange for ton and in the field who are priact- of the reference to the NPIP re-Floodplain management according consultation as needed with an Inter-pally responsible for implementing quirements following the avoidance to the Unified National Program has agency panel including members the Order. cross-references to other and minimization responsibilities set j 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-i I tion. development, and utilization of tact WRC Policy Office. 202-254-manuale, and other material that phasis on the NPIP as the mini-

' 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.

! r. omic efficiency, environmental actions. If any, which: (1) typically quirements of Section 2 and limited scope of the NFIP requirements. Of j gaality, and social well-bcing as con- do not create adverse effects or in-I emant with responsibilities * * * *

• compatible development, or (2) nor- SECTION 3 the three areas of concern which the

• 1his concept requires that the flood- mally will not require specific Order addresses (minimization of l 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-play in the future of its surround- Order.

1 j ings. Within it, further adjustments To ensure that the public will be Federal real property and facilities shall ments are primarily directed towards i l in the way floodplain land is used or informed of agency procedures, the take the following measures the protection of property. Thus, an  !

in the way floo:Is behave must be proposed agency regulations and The requirements of this section agency's application of the NPIP re-1 made in a manner that is supportive procedures should be published in of the Order are supplemenfal to quirements to proposed actions does j those of Sections 1 and 2 and mast not comprise full compliance with j cf this future. From the standpoint the PsnanAL Rastarum within a mini-

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 ertia in environmen'.al value recogni- making procedures available for NFIP are directed towards the pro-

) tion when the appropriate flood- public review or prior to publishing SECTION 3(a) tection of structures and facilities j

- plain role is being determined, as them in the PEDERAL Rectsrum, The resulations and procedures e** from the flood hazard and the pro-g 11shed under Section 2(d) of this Order tection of existing development from

! well as one of avoiding hazardous Agency regulations or procedures J and uneconomic uses as part of this should include relevant material in shall. at a minimum. require the con- the effects of new development.

l future role. The term ** uneconomic" the following areas- (1) mechanical ructures facill- Under the, NFIP, residential struc-g a also includes the concept of costs requirements that an agency will use of[deral 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 both directly and indirectly- of the Executive Order, such as with the intent of those promulsated base flood level- Nonresidential 1

a In order to comply with the re- timing, routing of documents, prep-under the National Flood Insurance Pro- structures may be elevated as de-quirement that the means to be em- aration and circulation of findings sram. They shall deviate only to the scribed above, or floodproofed water-

! 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.

under a possible range of flood con- NEPA. P&S.A-95); (2) substantive There are three key concepts ex- floodway (see Ginemary).

I 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 for determining which alternatives the specific kinds of actions or ad- 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 will utilise existing processes estab- applicable): (3) policy df rection. such allons where the NFIP requirements lating and anticipated development.

l 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.

CEQ and WRC's Principles and Executive Order. Unified Program. elevation of the base flood more 2

Standards in addidon to these guide- NEPA. and other relevant require-The intent of this subsection is than one foot at any point within 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) the NFIP standard as set out in Sec- market value threshold has been provide for the identification of 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 This subsection allows deviation provement value of the structure or an identifled flood hazard area, the re. and local floodplain regulations.

from the NFIP requirements only to facility (see, for instance. the NFIP sponsible agency shall provide on strue. Such restrictions are generally set the extent that its standards and crt* definition of substantial improve. tures, and other places where appropri. Out in state shoreline or coastal teria are demonstrably inappropri- ment (24 CI4E 1909.1). In the case of ate, conspicuous delineation of past and management plans or regulations.

probable flood height in order to en-ate ** for a given type of structure or major improvements, agencies are i-local plans and building codes, facility. Where this can be demon- hance public awareness of and ILnowledge zoning and subdivision ordinances. If about Dood hazards.

offered an opportunity to compen- no such restrictions exist, the agency strated the proposed structure or fa-cility must satisfy the requirements sate f0r previous siting and design The conspicious delineation of past must note this when it implements of Section 2. and must not endanger decisions which did not reflect the and probable flood heights is re. the finding and public notice proce-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 is used by the general public. This 3(d X3).

harm to or within the floodplain, or requirement to existing structures, delineation respons*bility applies to itself be vulnerable to flood damage. the agencies shall consider whether Under Section 3(dX2), the agencies the proposed action would: (1) result all types of property (land, strue. are required to provide appropriate SECTION 3(b) in an increase in the useful life of tures and facilities). Agencies must restrictions to the uses of properties the ntructure or facility in question; identify in their regulations and pro. by the grantee or purchaser and any If after comp!!ance with the require-(2) maintain the investment at risk cedures the areas where this require- successors. which would augment fact ths and the exposure of lives to the ment will be most effective in mini. those restrictions referred to in es a floodplain, accepted floodoroofing and flood hazard; or (3) eliminate an op- mizing the adverse impacts of floods. (dXI) above, or if none. edequately other flood protection measures shall be portunity to restore the natural and especially on human safety.The 100- stand on their own. For the purp%e applied to new construction or rehabilita- beneficial floodplain values. year flood level and the flood of of ,this Order, the term appropsi-tion. To achieve flood protection, agen- Accepted floodproofing measures record should be shown where avail. ate- as it refers to restrictions.

cies shall. wherever practicable. elevate for structures are defined under the able. The 500-year flood should also means restrictions equal in scope be shown where appropriate. and strictness to those of this Order.

structures above the base flood level rather than fttling in land

• NFIP regulations and are set out in Since the property in question is 10-the discussion under Subsection 3(a). SECTION 34d) cated in the floodplain, then the The key concepts in this subsec- above. The Order further limits l 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-and other flood protection measures; which requires that wherever prac- l crence in the conveyance those uses that mized and floodplain values are re-and (3) the requirement to achieve Licable. ail structures shall be elevat- are restricted under identified Federal, stored and preserved. Section 3(dM2) flood protection for structures- ed usin/ open works, e.g columns. ' State. or local floodplain resJations; and recognizes that these additional re-wherever practicable, without the walls, plies, piers, etc-. rather than (2) attach other appropriate restrictions strictions need not be appIled to the use of fill. fill (see Appendix B ). Accepted to the uses of properties by the grantee conveyance where prohibited by law.

For the purposes of the Order, the or purchaser and any successors, except Section 3(dX3) requires that where term **new construction

• includes floodproo!!ng measures for facilities where prohibited by law; or (3) withhold a* agency cannot or does not choose construction associated with: G) new vary considerably, since the scope of such properties from conveyance.

the term facility. as defined in the to meet the requirements of either structures and facilities; (2) the re- 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 proaches have in the past set vary- Untffed National Program for flood from conveyance. requirements, withholding the land ing thresholds for what constitutes a Plain Management Under Section 3(dx1). the agen- or facility from conveyance may be 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-each agency now has a mandate to tions, then it is the agency's respon- (b) The term "base flood" shall mean of situations as those sections spe-condition or withhold the convey- sibility to require that the institu. that flood which has a one percent or cifically cited in the Order, are clear.

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 e c ances og including at a minimum, that area sub-In addition to any responsibilities under exp na ject to a one percent or greater chance of To the extent the provisions of Section this Order and Sections 202 and 205 og flooded in language readily under- flooding in any given year. 2(a) of this Order are appIlcable to pro-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 SECTION 7 varonsnental review. decisionmaking. and in the transaction of the hasares of locat-Ins structures in the floodplain.

floodplain management regul&Llons action pursuant to the National Environ-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-Housing Administration the Veter- struction. ha This section allows units of general ans Administration, and me six cyed res y anjd e{un, purpose, local government which 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-Board of Governors of the Federal The previous Executive Order pliance under the HUD Community Reserve System, the Federal Deposit 'Ih*

[**h a shall tj 11296 la revoked, but agencies are al- Development Block Grant (CDBG)

Insurance Corporsuon. the Comp- Program to assume the responsibil-troller of the Currency, the Federal w ty and w the m h Icedures wed tountil operate under existing they can be revised to pro- Ity for carrying out the provisions of Council on June 30. 1978 regarding the 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-Savings and Iman Insurance Corpo- of this Order on the agency's operations. ic projects under CDBG as part of ration, and the National Credit "Ihereafter, the Water Resources Council revision May 24. IM8.

must be accomplished by their overall NEPA responsibilities.

Union Administration (to the extent sha!! perkheHy evaluate agency proce- Thus, the provisions of Section 2(a)

. that an Executive Order may be dures and their effectiveness. SECTION 8 of this Order will be carried out in binding on them). Other agencies conjunction with NEPA compliance, 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.

bilities of these agencies under the d bl974 (as Stat.14a. certification of compilance with 3

NEPA.

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-Act of IM3, as amended (42 U.S.C- PART II-DECISION-MAKING 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 Order. (e.g the requirement to pre- tured in eight steps to reflect the de-regulated or Insured by a Federal agency" in Section 105 of Title 5 of the f United States Code and shall include the ,

pare and circulate n.otice of proposed cision-making process (Figure 1) re-agency which is and which pertains military departments: the directives con- activity), it doesn t exempt them quired in Section 2(a) of the Order 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-see St p .) This di n en - fects must be minimized. Further. STEPS ULIERMINE IF PROPOSED ACTION na ural and heneficial floodplain 1. g4 fles various types of floodplains :'nd values must M resMM and p

!$ IN DE 8ASE* FLOOOPLAIN >

their boundaries. If the proposed action is not in the base

• floodplain, served.

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

• y NOT IN 6ASE*

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 the agency to consider whether the 5. I MINIM LIE. RE510RE AND PRESERVE l base

• floodplain can be avoided action to eliminate or reduce these 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-natives considered). 4

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

NOTICES NOTICES those which can be flooded from tions where high velocity flow causes u

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n nai su u n u n ..e. l 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

,y g x Riverine floodplains are valley

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\ . areas adjacent to any size stream or For purposes of the Order. all 4 river which can be covered by flood- agency heads will be concerned at a N

,. waters (Figure 2). Floodir:g in these minimum with the floodplain area which would be inundated by a flood e--

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, that the carrying capacity of the "100-year or base flood"-because channel is exceeded, flooding occurs. they must support any decision to Flooding also occurs when the capac- conduct, support, or allow an action

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"_ lty of the stream channel is reduced by natural obstructions (ice or debris (1 e.. to ity") "structure"N"facility" be loca or "activ-within this area.

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% dams, sediment, and vegetation) and The pictorial glossary (Figure 2) de-

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• man-placed obstruction (structures picts and defines the 100-year or and facilities). Some areas flood base floodplain and other portions N u.L'L v n-

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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

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p 2' Coastal floodplains border lakes, those portions of riverine and coast-estuaries, oceans. or similar bodies of al floodplains nearest to flood 1 #' ' '$Q4 h"V"E /,f a standing water (Figure 2). Flooding sources, where depths and velocities in these areas is due to landward of flood waters are greatest. These I .b'

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tides, waves from high winds, storm "floodway" and "coastal high hazard 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.

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.  : Itf tp wetlands, and sinkholes. Sheet flow currence of a flood larger than the

e 5 i  ; $1 h;d .  ;;l occurs where a clearly defined chan. base flood on the economics and g"i ',

tu nel is absent and where the path of safety of a proposed floodplain i m 5 {i (.- 8 h'ti I flooding is unpredictable and inde. action. If a proposed action would be 3

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3 terminate. In some cases, high veloc. especially dangerous when exposed ity flow may occur with sheet flow. to larger floods. consideration must ki j s j 'Il b8 t 8 as it does commonly on debris cone be given to the larger floodplain 2 "TM floodplains (alluvial fans). These area. (See Step 1.C. "Critical Ac-

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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

= NAME OF COMMUNITY

"" lems are caused when development on the Flood Insurance Rate Maps fisse satsas asassaar mar occurs in areas drained by sinkholes lasued by the Federal Insurance Ad-l 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- .

1 hazard studies by other agencies, artes of the "100-year" (Zones A and own needed.)floodplain studies when slon involves an area or location (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 (FHBM) is not available or if the holdings. It is unlikely that FIS re-Corps of Engineers' studies, and the ance Rate Maps"(FIRM). A sample map does not delineate the flood ports and FIRM or FIIBM maps Maximum Probable Flood (MPF) is shown as Figure 3. Such 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 i than through statistical analyses of published for FIA's program to pro- the agencies and listedassistance in Table 1. from before information and/or assistance 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 ro- c nsulting engineer should be 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 i Ft.coDFLAIN LOCATIoM "Flood Harhrd Boundary Maps Mhhw=aww be comparable to that required of floodplain as shown on either the 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 .

(Step 4). Indirectly supports flood-l ed in using flood insurance maps- (1) below. Areas of Predominantly Federal plain development (Step 4.A.). or is a 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 i feet wide where headwater flooding Flood insurance Study (FIB) j InaY be a concern, and (2) possible report should be consulted first.

adverse consequences from future Information on how to request

} 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 to be placed on the FIA malling deternitasma macrAcr a socation e, = a /tomspress j from the maps Thus, technical as-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 aw.t public land holdings. boundary map (FHBM) from the **

., 4,, w .,,u e m.u s.r.

i' The following is a tuide for obtain. same source as in the preceding . . .

ing the floodplain information step. If the proposed site is at or Dtwetc*',O' As am .a .

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• i needed to make a determination.

Areas of Predominantly Pritrafe near the "100-year" boundary, if data on flood elevations are 3

W y =eue.

,.a aa ure omm Land Osamership If a decision in. needed, or if the map does not de- C-ii 1.euwt u ~ .-

r

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i volves a publicly or privately owned lineate the flood hazard bound. , s site within an area of predominantly artes in the vicinity of the pro- O. w aw n.w+wy I g ,

g A

private ownership, a map showing posed site-seek detailed informa- .

J

' the flood hazard areas will usually Lion and assistance from the agen- [T,,,,,V*"'Quweur_

a n aw.r a nn o- *

• be evanahle from the National Flood cles listed in Table 1. (There are

• 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 THE BASE FLOODPLAIN (Step 2) is to provide an opportunity ence. including specific segments that a plan or proposed action or its 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 on a PHBM, as verified by otier de- residents, interest groups, other until much more detailed informa-talled information, alternative sites P EARLY PLIBLIC REVIEW I 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 LC. Gtical hims which will be utilized to reach the case of a private developer applying ment The process' objecti ve of public involve- target audience (e.g., public hear- for a permit to construct a housing 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.

having a G.2 percent chance of occur- impact on the decision outcome. The ties r the public during the the only options may be no project.

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-floodplain). This floodplain includes public be provided adequate infor- cess. ln ~

both Zones A and B as shown on mation, opportunity for review and ty su ap eg o FIRM's. Critical actions are those comment and an accounting for the e A description. of the purpose for wastewater treatment facility re-for which even a slight change of rationale for proposed actions affect- which various public notiae actions quires considenable expenditure for flooding would be too great. Some ing floodplains. These requirement will be undertaken and assurance site evaluation, engineering and j key questions in this regard are: are stated in Section 2 of the order. that public input will be integrated design. Public notice must precede which: into the decision-making process major site identification and analysis (e.g specific efforts to provide so the public can have an input early I o If flooded, would the proposed 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- sponsibility is to provide informa- may be foreclosed, or decisions will tions in floodplains;

' 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.

vide notice explaining a proposed plan or action- Early public notice is the first in a O Olven the flood warning lead-time

arallable, would the occupants of action; series of public information and in-

• buildings such as hospitals. e requires preparation and circula- e A statement explaining the timing velvement activities. This would logi-

] schools, and nursing homes be in- tion of a notice of findings and ex-of pubuc notice actions to promote cally bc followed by continuing f sufficiently mobile to avoid loss of planation prior to taking an action, public understanding and provide put & communication at Step 4. In III' *" " opportunities for the public to identifying impacts. Step 6. reeva-1 An overview of these sections sug- affect a pr posed action or plan luating alternatives through the en-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.

i Step 7. In the issuance of findings 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 IACATING IN THE BASE l tance in evaluation of proposed loca- elements should be incorporated in must also apply to actions which do fIMOD- Pl.AIN  ;

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 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 e located on the floodplain, while indt.

egu ad d M oce-In j

in the base floodplain. Alternatives alternative of microfilming the docu- dures, me agencies must identW me rect support results from those out.

means y which mey will h side the floodplain. Por example, the to be evaluated include: (1) carrying ments could allay the need for a new out the proposed action at(alterna-a location structure. Similarly, rather than * * "E " * "* location of a major public service J outs de the base floodplain 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 l complish the same purpose as the capacity for an area by constructing pacts associated with the modifica- floodplain, requires new or addition-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 1A. Aherneuve Sites could serve the need for a new or ex. from actions located in the flood- through their location, such actions l

panded facility, plain or at its periphery, it can also would foster addluonal develop-Alternative sites must be identified 3.C No Action result from actions out of the ments in the floodplain. Ploodplain 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 I

practicable alternative, the agency in Step 4 of the harm to or within o The Order focuses on the adverse the floodplain.

impacts of proposed actions on

! analysis leading to this conclusion the floodplain resulting from the Clearly, it is the intent of the i should be fully documented. In de_ proposed action. lives and property, and on natural Order that the impacts of Federal 4

termining the pract!cability of a and beneficial floodplain values. acuons and the impacts of actions 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 health, and environmental values j O natural (topography, habitat, haz- cating in the base floodplain, the im-ards,etc.t pacts of the proposed action must be 4.a.s. rgmoorg.anz ormaer amoasystornaswr smormscr surromT or are often both difficult and even j identified. Similarily, where acuens 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-O legal (deeds. Icases, etc.)' the agencies can draw upon the action supports floodplain develop- zation of the supported action. there l impact identification and assessment ment if it encourages, allows, serves is little chance that the imports can j

experience and guidance which they or otherwise facillues additional be Identified. On the other hand, 3.5 Ahermative Actions have developed in their implementa- floodplain development. The agen- when the supported actions are de-1 tion of NEPA. The concepts of cles may also reflect in their regula- scribable in terms of growth experi- .

4 Alternative actions must be consid. impact assessment applicable to tions and procedures, the manner in ence in the area or from experience .

j which agency actions strallarly ac-ered before a decision la made to both NEPA and the Order are iden- with similar actions elsewhere, the carry out an action in the base flood- tical, with the Order's focus being commodate the maintenance of ex- Impacts of the supported actions can plain. These are actions which sub- narrower. The following discussion isting uses in the floodplain. That is, be identified as they are for the pro-a proposed action can reinforte ex-stitute for the proposed action in addresses general concepts of impact posed Federal action.

lating land use patterns which gener-that they comprise new solutions or identification and assessment (Step ally have developed without reflect-4 approaches which serve the same 4.A.), and the two areas of concern

{ function or purpose as that pro- which are impacted as a result of the ing the concepts of hasard and risk miniminattara and restorsuon and 4.a.2. TYrss or 13 tracts i posed, but which have less potential occupancy and modificadon of flood. The three basic types of impacts preservauon of natural floodplain i for harm. For example, where an plains; lives and property (Step 4.B.),

j agency has proposed the construc- and floodplain values (Step 4.C.). values Order, which form the basis of the which must be addressed are: (a) 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 e

order to identify the full range of ment applies to actions proposed focused concepts of minimization. the floodplain in order to qualify for

! 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 ensuing harm to or within the flomi- 4.s.2 HIGH HAZaaD AasAs a

uc bo h plain which would result if the Twc basic tyg es of floods are used s High hazard areas are those por-ate the total impact of an action _ t 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 tice r the practicability test, the served or historic floods and prob- plains nearest the source of flooding.

I changes occurring during or immedi ability floods.

These are the frequently flooded 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 2

persist for a short while. Iong-term t kes added significance. This be the basis for deciding whether a flood dynamics during large floods.

I 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-action and may take the form of de- dures. However, the fact that a certain mum pressures, erosion is greatly ac.

layed changes or changes resulting The agencies are strongly encour-ed to apply the pubile notice pm- 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 Indicates little about how floods are creased. Additionally, these are the j ev haations to actions proposed out likely to occur in the future. Even areas of coastal and riverine flood-pacts rsist for rabl f the nomiplain which will result in where records extend over a long plains within which many of the

} time and may contin indefinitely- impacts to the floodplain. It has period of time. the highest observed most critical floodplain values are

• 18 18BD*CL flood must not be used as the onlY concentrated. In riverine situations.

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 constmetion site. A long-term through NEPA has improved the en- few exceptions, flooding at any site of the floodplain where impedance q 1mpet could be the loss of valley vironmental soundness of these dect- can be expected to reach higher to flood flow resulting from man's floodwater storage resulting fra n levels than those previously record- occupancy can increase flood heights a

sions. It is even more reasonable to ed because larger storms urbanisa- and consequently the area subject to the cumulative effect of floodplain apply the alternate site and action development- Lion, flood plain encroachment, or flooding. In coastal floodplains, the evaluation to actions taking place other factors affect flooding. high hazard area is tisually confined 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 1 NOTICES 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.

1 edunes, where wave impact is the ment may affect areas far from the and certain vegetation, e.g., man. During periods of excessive precipi-

amost light of significant the hash less inducing factor.

potential andIn original site of the disturbance and grove stands, which reduce the tation, runoff enters the ground-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-d effects to floodplain values associat- plain actions must be viewed with surges. Alteration or removal of the nels and standing water bodies, ed with the conduct, suppwt w caution and a careful assessment barriers themselves, or the vegeta- thereby reducing peak flows; during 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 3 tions of the floodplain, the agencies beneficial floodplain values. port them. reduces or climinates from the groundwater system into 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. of In groundwater addition. excessive with-in nows.

4 resources values (natural moderaHon drr.wal may result 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 clearly the hasard favolved and pro- *" .3 g Floodplain vegetation functions in floodplains support lar8e and diverse vides the basis for carrying out the bea . sc fica . m dow Mu- maintaining the physical and chemi- populations of flora and fauna

! 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 oniy sediments originating on land The floodplain is biologically very j for the eialuation of flood hazard (c.a. mm answacas 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 above intensively farmed croplands Natural Moderation o/Froods:The water-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 i

fringe area such as the flood-fringe f flooding are closely interdepen- ad commMes suppwted a biological productivity. Marsh-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

o Is the flood hazard aggravated by Hoodplain shape flood flows. Except enamed water temperatum, and M. grounds. Inland ponds, potholes, l 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?

i to speed and slow floodwsters, water temperature fluctuadons Fish and wildlife resources are 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 g Llon in coastal areas and other natu- the flow of water and provides slack of their high sensitivity to the re-

$ simultaneously river and ocean,in orthe area ov shallow (e'er. ral processes which reduce the force 1 land runoff and river, etc.)? watem that give the aquatic blota a sulting impacta. For example, drain-4 Of floodwaters are also accommodat. greater chance to survive flooding _ age of wetlands, channelization of ed in undisturbed floodplains. In addluon flood-plain storage and natural water courses, clearing of LC. Pestural and Beneficist y g.,,

F'_- -

Floodplain encroachment modifles these processes. The effects of such vegetatie nduces sHtade in down- vegetauon, especially bottomland stream uservoirs. -

i forests, all have short and long term i

modificadon are complex aawi not Groundepeler Recharpe- An addi- Indirect impacts on plant and animal

Water a xl the adjacent floodplain fully cases understood.

encroachments Although may in some Interact tional value of floodplain vegeta- communities. Other changes that i

exist in natare in a state of dynamic with natural processes to aid in the Lion's role in slowing runoff is In limit food, water supplies, or protec-

! groundwater recharge. Slowing the Live cover have similar effects. Modt-8 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-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.

j plain soll. Base streamflow and the elsewhere on the floodplain.

)

32 passem seessnes. vos. 4a. no. so-essay. sessuasy so. nore

_ _ - _ _ _ _ _ _ _ - - _ _ - - _ - - _ _ - - _ _ _ _ - _ - _ _ esessaa

- _.____-_=av-__-_-_=

_ - - - _seenise

_ _ -vn.

- _.iunses= ___ _.a_ =- ____=-- ___- -_"_ _- -_- --

_ ' _ _ _ _ =_ .a...

. - .~ - . .. - _ , . . - , .- .

1 . .

4 j ~

l NOTICES NOTICES 4

4#.3. CULTUaAL asSoUmCas sites. Level or gently rolling flood-5- INIMI E It M MtE will be designed and modified to 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 i

to individual localities. They provide Hell-drained, deep soll suitable to apply if a proposed action wili result 5.15 Restore and Preserv' 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-l can settlements and early cities were suited to speciality crops are also en r, a es to M stwe" focuses upe condities exist-located along coasts and riven fw found on floodplains (*-8 th* D"'IY lives and property (Step 4.B.). and ing as a result of prior actions, while i

. access to water transportation.

drained areas of the Sacramento natural and beneficial floodplain "preserve" focuses upon the impacts 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-values. They may be incompatible discusses some mechanisms which floodplain values have been degrad-

cause they may contain unique habi.

with wildlife production; may induce may be applied to achieve these ed by past actions, the agency must 3 tats, they are ideal areas for ecolost- three requirements. identify. evaluate, and implement

' 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 of floodplains, and may offer oppor- action is proposed (see Step 2.C.) the C hh w whw* h w p

goal is ass cisted with higher levels I 4.c.e. AcascULTUaAL. AQUAcULTUaAL, Lunities for the restoration of dam

• of flooding. Similarly, from the A wide range of ' methods have i AM FoaESTaY assoUacsS Ues.

} 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 naki s generally provide ex- forest resources are found within such values be reduced to the small- from flood hazards. In the recent 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 tion. tential harm applies to (1) the in. beneficial environmental values. In.

, which can only flourish in close vestment at risk, or the flood loss po. ciuding those associated with the I The natuct processes of sediment proximity to water) are important to tential of the action Itaelf. (2) the floodplain, have also been developed.

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-j artificial fertilisation than upland sential. lations and procedures, how actions ceiving increasing attention. The i

M - samass.vooano.w_e av.n ,m.im essen= asemma. vot. = no. w-eemar. esamuner m. im 33 l - . _ _ _ _ _ . .. .- . .

NOTICES NOTICES tools and approaches, which are di-rected toward attaining these three e Control urban runoff, other storm s C 8 ^#ICMRaAI aEsoUkcEs e Require erosion control plans on goals of the Order, should be consid- water, and point and nonpoint dis- e Minimize soll erosion on cropped charges. 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-during the planning, design, con. filling, soll removal and replace cides, and fertilizer. nism may be achieved through many struction. operation and mainte- "#"t* *t*-. L minimize crosion and e Limit the size of fields, promote types of administrative measures, de-nance of a proposed project. sedimentation during construction.

fence rows, shelter belts and strip- pending in part upon the agency 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 Some examples are:

preferred manner fer meeting its e Strengthen water bank and soll 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. standards and procedures.

floodplain, the following examples tent with alternate demands for are provided as additional guidance. the use of agriculturalland. e Contract. grant, loan, permit, and sc3. CRoUNDWATEa RECHARM The agencies should not be limited e Minimize irrigation return flows by the scope and level of detail of e Require faces where the practicable.

use of previous sur- and excessive applications of e Appilcation of appropriate encum-

• • • • • • • 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-tions that require fills such as con. mize any alteration in natural e Delegation of responsibility for struction of dwellings, factories, rials so as not to contaminate drainage and flood flow. Existing floodplain activities to a specific h5hways. etc. ground or surface water or change natural impoundments such as office with sufficient authority to 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.

ties on wetlands provide for ade. s.c.4. Livinc REsocacEs quate flow circulation. e Identify and protect wildlife habi- e Limit the use of exotic species- e Systematic review of existing both plant and animal, to those or- agency programs to identify oppor-O Use minimum grading require- tat and other vital ecologically sen- ganisms already common to the tunities for floodplain va. e pres-sitive areas from disruption. ervation and restoration ~

ments and save as much of the site area or those known not to com-from compaction as possible, o Require topsoll protection pro- pete unfavorably with existing nat- e Site surveys to identify opportunt.

, O Relocate nonconforming struc- grams during construction. ural populations. ties for floodplain preservation tures and facilities out of the e Control wetland drainage, chan- e Discourage mechanized oper-and restoration; and floodplain.

nelization. and water withdrawal ations. Machinery such as dredges, e Provision of corrdination methods O Return site to natural contours. e Reestablish damaged floodplain weeders, and large-scale harvesting within and outside of agency to equipment may lead to environ- e implementation of uni-O Preserve free natural drainage ecosystems.

mental problems such as sediment [nabl 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 Lion of beach and estuarine ecosys. tuarine flow. IInving identified the impacts the tems and restora damaged dunes harvested, topography, and loca. proposed action would have on the and vegetation. s.c.a. cutTURAL aEsoUacEs tion. floodplain (Stt p 4) methods to mini-e Provide public access to and along e Complement state law governing mtze these impacts, and opportuni.

s.C.2. WATER QUALITY other aspects of harvest oper- ties to restore and preserve flood-O Maintain wetland and floodplain the waterfront for recreation. sci- allons; proximity to watercourses, plain values (Step 5); the proposed entific study, educational instrue. Ilmits on roadbuilding, equipment action should not be reevaluated vegetation buffers to reduce sedi.

mentation and delivery of chemi-tion, etc.

Intrusions etc. For proposed acdons in W N cal pollutants to the water body- e Locate and preserve from harm floodplain, the reevaluation should historical cultural resources; con- o Include fire management in any consider if the action is still feasible O Control agricultural activities to sult with appropriate governmen. overall management plans. Selec- at this site. If not, consider Ilmiting min!mize nutrient inflow. tal agency or private group. Live fire ability use may of major reduce fires.

destructive the prob- the action to make non-floodplain sites practicable. If neither is accept-36 eeoesat seoima, vot 43. no. 2+-eeeAv. eseauAar so. e,is

""'""*"""#"*""'"* U

l .. .

1 4

5 NOTEE5 4 NO1KE5 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);

which cannot be minimized (Step 5)- action are feasible, the agency notice procedures for Federal ac-4 I

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

$ 'F""UV'- will be designed or modified to mint- impacts are not significant enough manufled or relocated to eliminate +.r

, reduce the identified impacts. or if mize an 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 Rmen impact sWement MS)

I EXPI.ANATION chosen. 8. A statement indicating how the under Section 102(2MC) of NEPA

{ The reevaluation should also in. If reevaluation results in the deter- action affects floodplain natural or beneficial (Public Law fd-190).

values; i clude a provision for comparison of mination that there is no practicable 9. A statement listing other in-Under NEPA procedures, a final the relative adverse impacts associat- alternative to locating in or impact. volved agencies and individuals. EIS is circulated for pubile and in-i ed with the proposed action located teragency review and comment. A 1 in and out of the floodplain. The Ing the floodplain, findings and publica statement of explanation minimum of 30 days is required to j comparison should emphasize flood- 7.A. Interagency Notice plain values. However, a site out of must be provided for the proposed allow a review and to receive re-3 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"- ' ' ready satisfy part of the require- CMWEAR A-8s quired by the Order must be lasued ments of the Order (Section l In determining whether the pro- 2(aM2Xil)) through such mecha- For programs subject to OMB Cir. prior to initiating the proposed 4

posed action will cular A-PS the agency shall send a action. A final EIS should explain,if

' base floodplain. thebe located agencv mustin the as- nisms as OMB A-95 and NEPA pro- notice, not to exceed three pages in appropriate, why the responsible of.

certain that the floodplain site is the cedureA or other public involvement length including a location map, to ficial has recommended or why the only practicabic alternative. Fur- programs. However, agency proce. the State and areawide A-95 agency might support an action 10-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.

i floodplain development wherever posed action must be located in the cr. and consistent with the intent of A statement of findings (including j there is a pracucable alternative; floodplain; the Order, to include items 4 the explanatory information dis-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 t

7.A.s. OTHEa PaoGaAMs agency head in compliance with Sec-l O Minimize the impact of floods on facts considered in making the deter. tion 2(aM2) of the Order. This ap-j human safety, health and welfare; mination and actions;including alternative sites For programs not subject to OMB- plies to all proposed actions located and 95 review procedures, agencies must within or impacting the floodplain,

3. A statement indicating whether develop procedures to provide for including proposed actions whose

! O Mestore and preserve the natural the actions conform to applicable i and beneficial floodplain values. State or local floodplain protecuon almilar notice and explanation of impacts are not significant enough j standards; why a proposed action is to be locat. or are not otherwise required to 4

4A IJadt Action ed in a floodplain. This notice must complete an EIS.

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: Steps 1-7. the proposed action can the threshold for what constitutes a 4. A statement indicating why the For agency actions subject to be implemented. However, there is a pracumhle alternative. New alterna. NFIP criterie are demonstrably in. NEPA which take picce in the base continuing responsibility for insur-i Uwe actions and sites could then be appropriate for the proposed action; floodplain, the public review require- ing that the action is carried out in

Idenufled and previously rejected 5. A provision for publication in ments discusse:I above as set out in compliance with the Order. This is j ' ones reevaluated for practicability the PsasaAt. RectsTsa or other ap. Section 2(b) of Executive Order especially important for projects based on scaled-down expectations. propriate vehicle; 11514. as amended, should include with long-term operation, mainte-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- graphs. Each office provides- (1) In.

ties. 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-l APPENINK A-FIA)ODPI.AIN SERV- locities and durations from existing mum state of record. This publica- vide knowledge of material available 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-adverse effects of floods and flood- tained irom one of HUD*s 10 region-Heti Consavaties Senice N) casts and warnings on larger rivers al offices or by contacting: Federal plain development If the neanst and provides flash flood warnings on Housing Administration. 451 7th ht As part of the SCS's Floodplain District office address is not known, smaller streams. Interested commu- Street SW., Washington, D.C. 20410.

Management Assistance Program contact Chief. F1(od Pla!n Manage- nities are assisted in establishing Telephone: 202-755-5111.

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* "

' ments, in accordance with a Joint telephone 202/693-1691. or the near-Coordination Agreement with the est Division office.

Q[her vice a onal O f c Request for insurance maps or 1 responsible State agency. SCS flood Eastern Region. Garden City. NY. 212-lows studies should tw addressed as foi-hasard reports contain floodplain de- 995-8639 a North Atlantic Division. New Yorit. NY-212-284-7483 S uthern Region. Ft. Worth. TX. 817- (1) FIA Mailing List Copies of new j

lineations flood on aerial profiles, photomaps.

and discharge andSouth Atlantic Division. Atlantic. GA. or revised FHHMs. FIRMS and FIS 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 I

vides continuing technical assistance 767-2310 Western Region. Salt Lake City UT. 401, mailing list. In requesting to be 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

VN 265-471s tribution of maps required (for ex.

! org. M8 Pacific Reston. Honolulu. HA. 808-544-local floodplain management pro- Missourt River Davision. Omaha, NB. 5880 ample, two copies of each map for gram. Each SCS State Office has ad- Maine and New Hampshire commu-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 353-4631Division. Chicago.11. 312- tion and interpretative assistance Malling list inquiries should be sent i shed Project and Resource and Con. Ohio River Dtvision. P=" '( 054.513- are available for the Gulf of Mexico L8:

j servmHart Development Project in, e84-3012 and Atlantic coasts. Studies have Enstncering Divtston. Federal Insurance westigations. River Basins Surveys. North Pacific Division. Portland. OR. been completed for the Gulf of i

and detailed soil surveys. If the 563-221-3823 Mexico coast from the Alabama- Administration. Room 5150 HUD 1

w Florida border to southern 11orida; Buttdtns. 4517th street. SW Washins.

' State or field office address la not neland Walon. Waltham. MA. and along the Atlantic coast from ton. D.C. 20514. Telephone: 202-755-known contact: Chief. Floodplain 7510.

Managemeent and Special Projects De APOSan Francts- southern Florida to Cape Henlopen.

co. 308-438-2883 the southern boundary of Delawan (2) Regaests for a Single Map.

Branch. River Basins Division. SCS: Bay. The National Weather Service Request /s) for a previously pub-P.O. Box 2000. Washington, D.C.

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 DEPARTMENT OF THE ARMY Floodplain information and inter- extratropical storms. Por storm 800-424-8872 from outalde of the Corps of s -- _ pretative maslatance for specific surge frequency information and in- "" " """*"

terpretative assistance contact: from within" the Washington. D.C.

j The Corps' separately funded points on larger rivers of the United Chief. Water Management Informa- """'

j Flood Plain Managesment Services States can be obtained from the Na- tion. NWS Office of Hydrology (3) Mood Insumace Mudy Repts.

j Programa has units in 47 District and Llonal Weather Service. Information (W21). 8080-13th Street. Silver hese detalled engineering mports

! Division offices located throughout available consists of the flood stage Spring. MD 20010. Telephone: 301- are distributed to those on the mail-l the country which provide informa- for selected communities (the stage 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 j and historical flood information for DEPAltTMENT OF IMMJSING AND not been a recurring demand for this anettera. They snalntain f W an Information, a fileand survey. of that location. An annual publientiart

URBAN DEVEIA)PMENT information. FIA does not have a

] Other reports containing floodplain entitled River Forecesis lac National Pmpided WestAer Service, by 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- ested organizations at a later date.

j en flood discharges and hydro- piled and includes that flood stage at The civil engineer at the 78 local Copies are available at:(1) FINS En-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- The Bureau of Land Management tershed. Since 1953. TVA has con. STATES cer of the local community within ducted a program of floodplain man

• Many (but not all) States have which the action is proposed to be (BLM) has District Offices located in agement assistance to local govern-active floodplain management pro-carried out. the 11 Western States and Alaska in. ments. Reports have been published grams. They have on file or access to 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 Reston II-New Yorit City. 212-264-4734 and flood prevention is a significant have provided profiles and flood ed by Federal and State agencies. re-Reston III-Philadelphia. 215-597-9581 element in the BLM planning data to at least 70 others. Detailed gional organizations, special districts Resfon IV- Atlanta. 404-257-2391 system, and each District Office information in files pertains to large and private consultants. State agen-Region V-Chicago. 312-353-0757 floods which have occurred in the cles are usually staffed and funded 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 4 the District Office is not known. con- of 1867. TVA's Flood Plain Manage- standards for floodplain regulations; 4

Se tie *206 2-102} tact: Bureau of Land Management, ment Services Staff provides technt. (3) assist local units of government U.S. Department of the Interior. cat assistance to help those who pro- (counties, cities, etc.) in developing 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 Street. S.W suWe level. re@nal agencb such Washington. D.C. flooding and flood elevation for re-4 20411 Telephone 202-426-1891. 1)EIAWARE RIVER HASIN as conservancy districts and multi-lated locations associated with COMMISSION county planning agencies may be a DEPARTMENT OF THE INTERIOR Bureau projects and can provide in- #*

terpretive assistance for existing The Commission maintains a file 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 others. Where data exist, assis- AND REFERENCES on on i es or the Flood Hydrology Sec- Putilications d dis " tance with h.terpretation will be pro-characes, flood depths. and velocities, p.o' Bo " Useful information on many of the 2 er profiles of the water surface during Center. Denver. CO. 80225. Tele.

r .

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 flood discharges, coms,uted water to fish, wildlife, and habitat re- The Commission maintains a file ""#"' * # ** "

surface profiles, and flood-prone source, preservation, and mainte-of detailed hydrologic and hydraulic "" ^ # #

areas delineated on topographie nance. It functions through six re- Information for 245 basin communi- #* "

maps, in most communities in the gional, area and field offices. For in- ties studied under the National l##' A"""*

formation contact any of these of- * '

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. 41-1 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, 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 i

address is not known, contact: Chief, plain management measures. Con. the U.S. Department of Housing Surface Water Branch. Water Re. TENNESSEE VAI.I.EY Atfnf0RITY tact: Chief. Planning and Oper, and Urban Development. Federal sources Division. UE. Ocological ations. Susquehanna River Basin Insurance Administration. Wash.

Activities in water resources are Commission. 1721 North Front inston. D.C. 20410.

Survey. National Center. Reston, confined to portions of the seven 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-sources Council in 1971-1972. It National 1241). NPS Trail Systems Act (16 Ubc 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 eral Government can be responsible to reduce the risk of flood loss to floodplain regulation programs of USC 661) Fish and Wildlife Restoration 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, Flood proofing Regulations- U.S. the management of its own ptoper- and to restore and preserve the nat.

Army Corps of Engineers. June' The tous Wilderness Act (16 USC 1131) var- des. In h paisbn M Unancial w ural and knMclal Mues seM h 1972 (EP1165-2-314).

tand and Water Conservation Fund Act technical assistance including sup- floodplains in carrying out its re-(16 USC 4601). IICH3 port of financial the uses for whichinstitullons, its agenciesand in sponsibilities for (1) acquiring, man-issue A Flood UnVicd PlainNational Program U.S.

Management, for Antiquites Act of 1906 (16 USC 431), licenses or permits. In addition to aging and disposing of Federal lands HCH3 and facilities;(2) providing Federally Water 1976. Resources Council. July. Archeological and Iltstoric Preservauon minimizing the danger to human undertaken, financed, or assisted Act of 1974 (16 USC 469). IICRS and nonhuman communities living construction and improvements; and A Perspectity on flood Plain Regada- in floodplains, active floodplain (3) conducting Federal activities and tions for Flood Plain Afanagement Agencies should consides reviewing management represents sound busi-U.S. Army Corps of Engineers, light this body of legislation, act by act in ness practice by reducing the risk of programs affecting land use, includ-June.1976 (EPl165-2-304). 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 Szc. 2. In carrying out the activi-tration. September

• 1976* ment can lead to the loss of human 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 ice'slation relevant to preservation Fl.04)DPI.AIN MANAGEME'NT reflect consideration of flood haz-or restoration of floodplains. Some tion oforfloodplains direct indirect support and to ofavoid flood- ards and floodplain management; matement h the Nandent i'

of the major items of legishtion are Armaranpas I May 2A Im plain development wherever there is and to prescribe procedures to imple-listed below. ment the policies and requirements The floodplains which adjoin the a practicable alternative. I have of this Order. as follows:

.' issued an Executive order on flood- (a) (1) Before taking an action.

" *"d W *"" Nation's inland and coastal waters plain management.

each agency shall determine wheth-i Water Resources Planntna Act (42 USC have long been recognized as having 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-Flood Cc.ntrol and development of our riverine. Ica, and as President of the United cluded in any statement prepared et al.). COE Act of 1944 (16 USC 460d. coastal and other floodplains not States of America, in furtherance of under Section 102(2)(C) of the Na-Flood Disaster Protection Act of 1973 (42 only destroy many of the special USC 4001),

the Natlonal Environmental Polley tional Environmental Policy Act.

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).

EPG and property. surance Act of 1968 as amended (42 and Urban Development (HUD)

Coastal Zone Management Act (la USC Since the adoption of a national U.S.C. 4001 et seq.) and the Flood floodplain map or a more detailed 1451L m flood control policy in 1936 the Ped- Disaster Protection Act of 1973 map of an area. If available. If such

""g n ntrol and Reclamauon eral Government has invested about (Public Law 93-234. 87 Stat. 975). In maps are not available, the agency

$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 NatJonal Environmental Abucy Act (42 hazards and protect floodplains. and modification of floodplains and Water Resources Council shall issue USC 4321). crq to avoid direct or indirect support of guidance on this information not Wud and scente luvers Act (to USC verse annualalteration losses from floods andcon-of floodplains ad- floodplain development wherever later than October 1.19'i7.

1271). NPS tinue to increase.

there is a practicable alternative it (2) If an agency has determined to.

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 and locompatible development in posed this Order shall, atSection a minimum, 2(d) of re-cies which guarantee, approve, regu-the floodplain. If the head of the Order. action is in accord with this quire the construction of Federal tion which is related to an area lo-late, or insure any financial transac-agency finds that the only practica- structures and facilities to be in ac- cated in a floodplain shall, pr!or to (c) Each agency shall take flood.

ble alternative consistent with the plain management into account cordance with the standards and crl- completing action on such transac-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-plain, the agency shall, prior to water and land use plans and shall intent of those promulgated under ticipating in the transaction of the taking action. (D design or modify its require land and water resources use the National Flood Insurance Pro. hazards of locating structures in the gram. They shall deuste only to the floodplain.

action in order to minhnize potential appropriate to the degree of hazard extent that the standards of the involved. Agencies shall include ade. Szc. 5. The head of each agency 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 type of structure or facility. the Water Resources Council on Order, and (111 prepare and circulate in the regulations and operating pro- (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 3 of located thy the in the action is proposed to be they administer. Agencies shall also floodplain, struction of structures or fac111tles of this Order on the agency's oper-are to be located in a floodplain, ac- ations. Thereafter, the Water Re-(3) For programs subject to the encourage and provide appropriate cepted floodproofing and other flood sources Council shall periodically Office of Management and Budget guidance to applicanta to evaluate protection measures shall be applied evaluate agency procedures and Circular A-95. the agency shall send the effects of their proposals in to new construction or rehabilita- their effectiveness.

the notice. not to exceed three pages floodplains prior to submitting appil- tion. To achieve flood protection. Szc. 6. As used,in this Order-in length including a location map. cations loans or forgrants.

Federal licenses, permits,

• to the state and areawide A-95 agencies shall, wherever practicable, g ," , ,"an (d) As allowed by law each agency elevate structures above the base t e te Ex clearinghousca for the geographic shall issue or amend existing regula- flood level rather than filling in h ] y'hCI.i.n "

areas affected. The notice shall in- tions and procedures within one year land. e United ta e dude:(D thetoreasons whyinthe action to comply with this Order. Then,e (c) If property used by the general and shall include the m!!!tary de-la propoecd be located a flood- public has suffered flood damage or partments; the directives contained plain; (lD a statement Indicating procedures shall incorporate the is located in an identified flood in this Order. however are meant to whether the action conforms to ap- Unifled National Program for Flood- hazard area, the responsible agency apply only to those airencies which plicable state or lock! floodplain pro- plain Management of the Water Re- 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 alternatives considered. Agencies the means that the agency will spicuous delineation of past and fecting floodplains.

shall endeavor to allow a brief com- employ to pursue the nonhazardous probable flood height in order to en- (b) The term "base flood" shall use of riverine, coastal and other hance public awareness of and mean that flood which has a one ment period prior to taking any floodplains in connection with the action. knowledge about flood hazards- percent or greater chance of occur-(4) Each agency shall also provide activities under its authority. To the (d) When property In floodplains rence in any given year.

, opportunity for early public review extent possible, existing processes, is proposed for lease, ensement. (c) The term "floodplain" chah of any plans or proposals for actions such as those of the Council on En- right-of-way, or disposal to non-Fed- mean the lowland and relatively flat in floodplains. In accordance with vironmental Quality and the Water eral public or private parties, the areas adjoining inland and coastal Section 2(b) of Executive Order No. to Resources Council. shall be utilized Federal agency shall (1) reference in waters including floodprone areas of 11514 as amended including the de- fulfill the requirements of this the conveyance those usca that are offshore Islands. Including at a mini-velopment of procedures to accom- Order. Agencies shall prepare their restricted under identified Federal, mum, that area subject to a one per-plish this objective for Federal ac- procedures in consultation with the State, or local floodplain regulations; cent or greater chance of flooding in tions whose impact is not significant Water Resources Council, the Feder. and (2) attach other appropriate re- any given year.

enough to require the preparation of al Insurance Administration, and the Suc. 7. Executive Order No.11296 Council on Environmental Quality, strictions by the grantee to the uses of properties or purchaser and anY of August 10. 1966 Is hereby re-an environmental impact statement and shall update such procedures as under Section 102(2)(C) of the Na- necessary. successors, except where prohibited volted. All actions, procedures, and tional Environmental Polley Act of Ssc. 3. In addition to the require- issuances taken under that Order 1980, as amended. by law; ties from or (3) withhold such proper- and still in effect shall remain in conveyance.

C) Any requests for new authort- ments of Section 2. agencies with re- 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 andmeasures- facilities shall take the fol- bilities under this Order and Sec- Order.

lowing tions 202 and 205 of the Flood Disas- Szc. 8. Nothing in this Order shall 46 ter Protection Act of 1973. as amend- apply to assistance provided for 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 By virtue of the authority vested head of the agency finds (1) that fare, including water supply, quality.

- ying E.O.11990 in me by the Constituuon and stat-there is no practicable alternative to recharge and disciurse; pollution; The P'auon's coastal and inland utes of the United mat,a of Amer- such construction, and (2) that the flood and storm hawards, and sedi-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.

apply only to those agencies which cant, if the applicant has also as, Other program objectives which may into conformance w'*h the intent, 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 and natural porms.

action. Federal agencies shall also Government directed to the control 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, u*

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 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 each agency :st later than October Council on Environmental Quality. President policies and programs to 1.1977. through the Chairman, shall advise able to Federal counties. agencies.

municipalities. States. achieve more effective protection InstituttorW Sec. 9. Nothing in this Order shall and assist the President in leading and other entitles, as appropriate. and enhancement of environmental apply to assistance provided for this national effort. (d) Review their agencies statu- quality and shall, where appropnate,

, emergency work. essential to save Sec. 2. Responsibilities of Faferal tory authority, administrative regu- seek resolutten of significant envi-lives and protect property and puolic agencies. Consonant with Title I of lations, policies, and procedures, in- ronmental issues.

health and safety, performed pursu- the National Environmental Policy (b) Recommend to the Prealdent i

ant to Sections 305 and 306 of the Act of 1969, hereafter referred to as cluding those relating grants contracts, leases. to loans.orand to the agencies priorities among licenses, 4

Disaster Relief Act of 1974 (88 Stat. the "Act", the heads of Federal Oermits, in order to identify any de- programs designed for the control of pollution and for enhancement of 148. 42 U.S.C. 5145 and 5146). agencies shall:

Sec.10. To the extent the provi- ficiencies or inconsistencies therein the environment.

which prohibit or limit full compll-(a) Monitor, evaluate, and control (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 1 (f) Coordinate FWieral prorrams the Clean Air Act, as amended, for 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-national cooperation for dealinas (1) Issue such other instructions to with environmental problems under agencies, and request such reports 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 Act, responsibilities under the 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.

d propriate. They vdl be designed to surveys, researcia and analyses relat-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

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