doctrine
Executive Order 11988—Floodplain Management
In motion
Each federal agency shall take action to reduce flood loss risk, minimize floods' impact on human safety, and restore and preserve natural values of floodplains when carrying out land management, construction, and land-use programs.
“Each agency shall provide leadership and shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities” (p. 1)
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proposed rule
Rescission of Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard
moved against this intent
HUD’s proposed rescission rolls back the 2024 rule that had implemented stronger Federal Flood Risk Management Standard floodplain protections, restoring weaker prior rules and thereby moving against EO 11988’s mandate that agencies act to reduce flood-loss risk and preserve floodplain values.
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introduced
Miccosukee Reserved Area Amendments Act
The bill directs Interior to protect Osceola Camp structures from flooding, concretely advancing the EO mandate that agencies reduce flood-loss risk and minimize floods' impact on human safety in land-management actions.
No action observed
Each agency shall determine whether a proposed action will occur in a floodplain before taking the action, using HUD floodplain maps or more detailed maps where available.
“Before taking an action, each agency shall determine whether the proposed action will occur in a floodplain--for major Federal actions significantly affecting the quality of the human environment, the evaluation required below will be included in any statement prepared under Section 102(2) (C) of the National Environmental Policy Act.” (p. 1)
Deadline passed · no action observed
The Water Resources Council shall issue guidance on determining floodplain locations when detailed maps are unavailable.
“The Water Resources Council shall issue guidance on this information not later than October 1, 1977.” (p. 1)
No action observed
When an action is proposed in a floodplain, the agency shall consider alternatives, and if siting in a floodplain is the only practicable alternative, design or modify the action to minimize harm and prepare and circulate a notice explaining why.
“If the head of the agency finds that the only practicable alternative consistent with the law and with the policy set forth in this Order requires sitting in a floodplain, the agency shall, prior to taking action, (i) design or modify its action in order to minimize potential harm to or within the floodplain, consistent with regulations issued in accord with Section 2(d) of this Order, and (ii) prepare and circulate a notice containing an explanation of why the action is proposed to be located in the floodplain.” (p. 1)
No action observed
For programs subject to OMB Circular A-95, agencies shall send a notice to state and areawide A-95 clearinghouses that includes reasons for the floodplain location, conformance with state or local standards, and alternatives considered.
“For programs subject to the Office of Management and Budget Circular A-95, the agency shall send the notice, not to exceed three pages in length including a location map, to the state and areawide A-95 clearinghouses for the geographic areas affected.” (p. 1)
No action observed
Each agency shall provide opportunity for early public review of any plans or proposals for actions in floodplains.
“each agency shall also provide opportunity for early public review
of any plans or proposals for actions in floodplains, in accordance with
Section 2(b) of Executive
Order No. 11514 as amended” (p. 1)
No action observed
Agencies' requests for new authorizations or appropriations transmitted to OMB shall indicate whether a proposed action to be located in a floodplain accords with this Order.
“Any requests for new authorizations or appropriations transmitted to the Office of Management and Budget shall indicate, if an action to be proposed will be located in a floodplain, whether the proposed action is in accord with this Order.” (p. 1)
No action observed
Each agency shall take floodplain management into account when formulating or evaluating water and land use plans and shall include flood hazard evaluation in the regulations for licenses, permits, loans, and grants-in-aid programs it administers.
“Each agency shall take floodplain management into account when formulating or evaluating any water and land use plans and shall require land and water resources use appropriate to the degree of hazard involved. Agencies shall include adequate provision for the evaluation and consideration of flood hazards in the regulations and operating procedures for the licenses, permits, loan or grants-in-aid programs that they administer.” (p. 1)
Deadline passed · no action observed
Each agency shall issue or amend existing regulations and procedures within one year to comply with this Order, incorporating the Unified National Program for Floodplain Management.
“As allowed by law, each agency shall issue or amend existing regulations and procedures within one year to comply with this Order. These procedures shall incorporate the Unified National Program for Floodplain Management of the Water Resources Council” (p. 1)
No action observed
Agencies shall prepare their procedures in consultation with the Water Resources Council, the Director of FEMA, and the Council on Environmental Quality.
“Agencies shall prepare their procedures in consultation with the Water Resources Council, the Director of the Federal Emergency Management Agency, and the Council on Environmental Quality, and shall update such procedures as necessary.” (p. 1)
No action observed
Agencies shall require construction of Federal structures and facilities to comply with standards consistent with the National Flood Insurance Program.
“The regulations and procedures established under Section 2(d) of this Order shall, at a minimum, require the construction of Federal structures and facilities to be in accordance with the standards and criteria and to be consistent with the intent of those promulgated under the National Flood Insurance Program.” (p. 1)
No action observed
Agencies shall apply floodproofing and other flood protection measures and, wherever practicable, elevate new structures above the base flood level rather than filling in land.
“If, after compliance with the requirements of this Order, new construction of structures or facilities are to be located in a floodplain, accepted floodproofing and other flood protection measures shall be applied to new construction or rehabilitation. To achieve flood protection, agencies shall, wherever practicable, elevate structures above the base flood level rather than filling in land.” (p. 1)
No action observed
Responsible agencies shall provide conspicuous delineation of past and probable flood height on public-use property that has suffered flood damage or is in an identified flood hazard area.
“If property used by the general public has suffered flood damage or is located in an identified flood hazard area, the responsible agency shall provide on structures, and other places where appropriate, conspicuous delineation of past and probable flood height in order to enhance public awareness of and knowledge about flood hazards.” (p. 1)
No action observed
When floodplain property is conveyed to non-Federal parties, the Federal agency shall reference restricted uses, attach appropriate restrictions, or withhold the property from conveyance.
“When property in floodplains is proposed for lease, easement, right-of-way, or disposal to non-Federal public or private parties, the Federal agency shall (1) reference in the conveyance those uses that are restricted under identified Federal, State or local floodplain regulations; and (2) attach other appropriate restrictions to the uses of properties by the grantee or purchaser and any successors, except where prohibited by law; or (3) withhold such properties from conveyance.” (p. 1)
No action observed
Agencies that guarantee, approve, regulate, or insure floodplain-related financial transactions shall inform private parties of the hazards of locating structures in the floodplain before completing the transaction.
“agencies which guarantee, approve, regulate, or insure any financial transaction which is related to an area located in a floodplain shall, prior to completing action on such transaction, inform any private parties participating in the transaction of the hazards of locating structures in the floodplain.” (p. 1)
Deadline passed · no action observed
Each agency head shall submit a report to the Council on Environmental Quality and Water Resources Council on June 30, 1978, on the status of their procedures and the impact of this Order.
“The head of each agency shall submit a report to the Council on Environmental Quality and to the Water Resources Council on June 30, 1978, regarding the status of their procedures and the impact of this Order on the agency's operations.” (p. 1)
No action observed
The Water Resources Council shall periodically evaluate agency procedures and their effectiveness.
“Thereafter, the Water Resources Council shall periodically evaluate agency procedures and their effectiveness.” (p. 1)
No action observed
Executive Order No. 11296 of August 10, 1966 is revoked.
“Executive Order No. 11296 of August 10, 1966, is hereby revoked.” (p. 1)