§ 2318. — Flood plain management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2318]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2318. Flood plain management
(a) Exclusion of elements from benefit-cost analysis
The Secretary shall not include in the benefit base for justifying
Federal flood damage reduction projects--
(1)(A) any new or substantially improved structure (other than a
structure necessary for conducting a water-dependent activity) built
in the 100-year flood plain with a first floor elevation less than
the 100-year flood elevation after July 1, 1991; or
(B) in the case of a county substantially located within the
100-year flood plain, any new or substantially improved structure
(other than a structure necessary for conducting a water-dependent
activity) built in the 10-year flood plain after July 1, 1991; and
(2) any structure which becomes located in the 100-year flood
plain with a first floor elevation less than the 100-year flood
elevation or in the 10-year flood plain, as the case may be, by
virtue of constrictions placed in the flood plain after July 1,
1991.
(b) Flood damage reduction benefits
(1) In general
In calculating the benefits of a proposed project for
nonstructural flood damage reduction, the Secretary shall calculate
the benefits of the nonstructural project using methods similar to
those used for calculating the benefits of structural projects,
including similar treatment in calculating the benefits from losses
avoided.
(2) Avoidance of double counting
In carrying out paragraph (1), the Secretary should avoid double
counting of benefits.
(c) Counties substantially located within 100-year flood plain
For the purposes of subsection (a) of this section, a county is
substantially located within the 100-year flood plain--
(1) if the county is comprised of lands of which 50 percent or
more are located in the 100-year flood plain; and
(2) if the Secretary determines that application of the
requirement contained in subsection (a)(1)(A) of this section with
respect to the county would unreasonably restrain continued economic
development or unreasonably limit the availability of needed flood
control measures.
(d) Cost sharing
Not later than January 1, 1992, the Secretary shall transmit to
Congress a report on the feasibility and advisability of increasing the
non-Federal share of costs for new projects in areas where new or
substantially improved structures and other constrictions are built or
placed in the 100-year flood plain or the 10-year flood plain, as the
case may be, after the initial date of the affected governmental unit's
entry into the regular program of the national flood insurance program
of the National Flood Insurance Act of 1968 [42 U.S.C. 4001 et seq.].
(e) Regulations
Not later than 6 months after the date on which a report is
transmitted to Congress under subsection (c) of this section, the
Secretary, in consultation with the Director of the Federal Emergency
Management Agency, shall issue regulations to implement subsection (a)
of this section. Such regulations shall define key terms, such as new or
substantially improved structure, constriction, 10-year flood plain, and
100-year flood plain.
(f) Applicability
The provisions of this section shall not apply to any project, or
separable element thereof, for which a final report of the Chief of
Engineers has been forwarded to the Secretary before the last day of the
6-month period beginning on the date on which regulations are issued
pursuant to subsection (a) of this section but not later than July 1,
1993.
(Pub. L. 101-640, title III, Sec. 308, Nov. 28, 1990, 104 Stat. 4638;
Pub. L. 106-53, title II, Sec. 219(a), Aug. 17, 1999, 113 Stat. 294.)
References in Text
The National Flood Insurance Act of 1968, referred to in subsec.
(d), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as
amended, which is classified principally to chapter 50 (Sec. 4001 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 4001 of Title 42 and Tables.
Codification
Section was enacted as part of the Water Resources Development Act
of 1990, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
Amendments
1999--Subsec. (a). Pub. L. 106-53, Sec. 219(a)(1), inserted
``Exclusion of elements from'' before ``benefit-cost'' in heading.
Subsecs. (b) to (d). Pub. L. 106-53, Sec. 219(a)(2), (3), added
subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d),
respectively. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 106-53, Sec. 219(a)(2), (4), redesignated
subsec. (d) as (e) and substituted ``subsection (c)'' for ``subsection
(b)''. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 106-53, Sec. 219(a)(2), redesignated subsec.
(e) as (f).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Reevaluation of Flood Control Projects
Pub. L. 106-53, title II, Sec. 219(b), Aug. 17, 1999, 113 Stat. 295,
provided that: ``At the request of a non-Federal interest for a flood
control project, the Secretary shall conduct a reevaluation of a project
authorized before the date of enactment of this Act [Aug. 17, 1999] to
consider nonstructural alternatives in light of the amendments made by
subsection (a) [amending this section].''
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
