§ 701b-11. — Flood protection projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC701b-11]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 701b-11. Flood protection projects
(a) General considerations; nonstructural alternatives
In the survey, planning, or design by any Federal agency of any
project involving flood protection, consideration shall be given to
nonstructural alternatives to prevent or reduce flood damages including,
but not limited to, floodproofing of structures; flood plain regulation;
acquisition of flood plain lands for recreational, fish and wildlife,
and other public purposes; and relocation with a view toward formulating
the most economically, socially, and environmentally acceptable means of
reducing or preventing flood damages.
(b) Non-Federal participation through nonstructural alternatives;
limitation
Where a nonstructural alternative is recommended, non-Federal
participation shall be comparable to the value of lands, easements, and
rights-of-way which would have been required of non-Federal interests
under section 701c of this title, for structural protection measures,
but in no event shall exceed 20 per centum of the project costs.
(Pub. L. 93-251, title I, Sec. 73, Mar. 7, 1974, 88 Stat. 32.)
Nonstructural Flood Control Policy
Pub. L. 104-303, title II, Sec. 202(d), Oct. 12, 1996, 110 Stat.
3675, provided that:
``(1) Review.--The Secretary shall conduct a review of policies,
procedures, and techniques relating to the evaluation and development of
flood control measures with a view toward identifying impediments that
may exist to justifying nonstructural flood control measures as
alternatives to structural measures.
``(2) Report.--Not later than 1 year after the date of the enactment
of this Act [Oct. 12, 1996], the Secretary shall transmit to Congress a
report on the findings of the review conducted under this subsection,
together with any recommendations for modifying existing law to remove
any impediments identified under such review.''
