# Course Title: Floodplain Management

# Module Title: Policy History: Rivers as a Legal Battleground

**Session 22:** Federal Policies

**Author:** Elliott Mittler, PhD

## Time: 75 minutes

**Objectives: (PP1, and PP2; Title and Objectives)**

At the end of this session, students should be able to:

22.1 Identify the major Federal players and processes in determining
floodplain management policy.

22.2 Identify what constitutes "clean water."

22.3 Identify what constitutes an "endangered species."

22.4 Identify what determines flood risk and expected losses from
floods.

22.5 Compare the management of navigable and non-navigable waterways.

22.6 Identify what constitutes water projects being considered "pork."

22.7 Discuss Federal policy within the context case study floodplains
\-- Determine how the sum of federal laws is implemented in local
jurisdictions

**Scope:**

The purpose of this session is to understand the relationship between
the federal government and floodplain management. In Session 21 students
learned that since World War II, the federal government has usurped what
were traditionally state and local responsibilities. During this
session, the instructor will explain the direct and indirect effects of
Congressional decisions that have given federal agencies policy control
over many aspects of floodplain management. These decisions are made in
situations where objectives are often mutually exclusive and equally
compelling uses compete for scarce resources. Students should be
reminded that laws, interpretations of laws, and implementation
decisions are always in flux with many interests either supporting or
seeking change in the status quo.

A the end of the session, students should be given time to discuss
policy within the context case study floodplains requirements, and
discuss their session 21 home work assignment.

**Readings:**

*Student Required Reading:*

Mittler, Elliott. 1997. *An Assessment of Floodplain Management in
Georgia's Flint River Basin.* Institute of Behavior Science, University
of Colorado. Chapter 2, pages 11-32.

Moore, Jamie W., and Dorothy P. Moore. 1989.*The Army Corps of Engineers
and the Evolution of Federal Flood Plain Management Policy*. Institute
of Behavioral Science, University of Colorado.

Reid, T. R. 1980. *Congressional Odyssey: The Saga of a Senate Bill.* W.
H. Freeman and Company, San Francisco.

*Student Recommended Reading:*

Arnold, Joseph L. 1988. *The Evolution of the 1936 Flood Control Act.*
Office of History, United States Army Corps of Engineers, Fort Belvoir,
Virginia.

Ferejohn, John A. 1974. *Pork Barrel Politics: Rivers and Harbors
Legislation, 1947-1968*. Stanford University Press, Stanford,
California.

Reuss, Martin. Winter, 1992. "Coping with Uncertainty: Social
Scientists, Engineers, and Federal Water Planning." Natural Resources
Journal, Volume 32, Number 1, pages 101-135.

*Instructor Reading:*

United States Army Corps of Engineers. 1999. *Digest of Water Resources
Policies and Authorities,* Washington, DC, (Publication EP 1165-2-1,
available on the Internet at
[www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1165-2-1/toc.htm](http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1165-2-1/toc.htm)

**General Requirements:**

Prepare Table 22.1 as a handout. The content should be presented by
lecture with time allocated for discussion as necessary.

**Objective 22.1 Identify the major players in determining water
policy**

**Requirements:**

None.

Remarks:

Since the founding of the country, the federal government has taken on a
larger and larger role in the management of the floodplain until today
where it is the most significant player in determining what is permitted
and what is not permitted in the floodplain.

State and local government still play important roles but, as time has
gone on, their independent policy-making roles have been reduced and
been replaced by mandates to implement federal laws and regulations.
Understanding federal policies and how they are carried out can help us
to understand contemporary floodplain management practices.

I. Federal Involvement in Floodplain Management (PP3, Federal Role...)

A. Federal involvement in floodplain management began with the
regulation and control of navigable rivers.

1\. The justification was national security and to insure commerce
between states.

2\. It was based on Article 1, Section 8, Clause 3 of the United States
Constitution, which provides that "The Congress shall have power to
regulate commerce with foreign nations, and among the several states,
and with the Indian tribes."

3\. In 1824, the **United States Army Corps of Engineers (USACE)** was
given jurisdictional control over navigable rivers when Congress
appropriated \$75,000 for improving navigation over sand bars in the
Ohio River and removing snags in the Ohio and Mississippi Rivers.

B. Powers of the federal government began to expand in the 20^th^
century. As illustrated for the Flint River in Georgia (Mittler, Table 1
on pages 13 and 14), the following became federal concerns:

-   Hydroelectric power

-   Agriculture

-   Flood control

-   Economic development

-   Recreation

1\. In most cases, when the federal government assumed new roles, the
courts have had to decide whether federal controls and regulations were
constitutional.

2\. A review of one of the last session readings (Mittler, chapter 3)
provides a description of the growing federal role in the floodplain.

3\. Since 1900, Congress began to believe it had a responsibility to
protect citizens from floods.

> C. Before World War II, federal functions with respect to water
> resource management generally involved single-purpose projects by
> specific agencies with clear-cut divisions of responsibility.

D. After World War II, Congressional acts have expanded the functions,
authorities, jurisdictions, and interests of federal agencies in
different phases of water resource management, often without concern if
two or more interests were put in conflict.

1\. One result is that there are frequent incompatibilities among
various management aspects. Recent amendments to existing laws are often
enacted to decide how to accommodate mutually exclusive practices
fairly.

2\. Reid (1980), in his classic case study of the trials and
tribulations of an inland waterways bill moving through Congress,
describes power struggles and the art of compromise needed to secure
ultimate passage.

> a\. He traces the course of a bill that was introduced in February
> 1977 as Senate bill 790 (entitled the Inland Waterways Revenue Act)
> but was ultimately enacted in October 1978 as Public Law 95-502 within
> House bill 8533, a vehicle originally intended to amend the Internal
> Revenue Code.

E. By the time President Carter was elected, there were numerous federal
laws related to the management of the floodplain. Most had been amended
several times.

1\. In general, there were one or two lead agencies for each overall
function, but specific tasks were often assigned to other agencies.

2\. As more agencies became involved in floodplain management, President
Carter issued Executive Order 11988 on May 24, 1977 to establish general
policies that all agencies must adhere.

3\. Section 1 of Executive Order 11988 states:

> "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 for (1) acquiring, managing, and disposing of Federal
> lands, and facilities; (2) providing Federally undertaken, financed,
> or assisted construction and improvements; and (3) conducting Federal
> activities and programs affecting land use, including but not limited
> to water and related land resources planning, regulating, and
> licensing activities."
>
> The full text of E.O. 11988 may be found at
> [www.fema.gov/library/eo11988.shtm](http://www.fema.gov/library/eo11988.shtm).
>
> F. Because there are so many laws that fully or partially affect what
> happens to the floodplain and so many agencies that have primary,
> secondary, or tertiary responsibility, it is not possible to list all
> the subjects that Congress has discussed, all the laws and amendments
> passed, or all the agency responsibilities.

1.  The most significant subjects, laws, and primary agency
    responsibilities are shown in Table 22.1 at the end of this session
    syllabus. Each law may be found in the United States Codes in print
    or on the Internet. (**PP6, Federal)**

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G.  Individual laws affecting the floodplain are typically targeted at
    subsystem optimization or resolving isolated problems, often without
    complete regard for overall system affects. Issues tend to get on
    the federal agenda when they cannot be fully resolved at other
    levels of government or when constituents seek a uniform method of
    handling problems. In general, for Congress to act, three
    independent processes must converge or couple,

Policy makers must have developed a politically expedient alternative
that meets the following criteria:

> It is technically feasible;
>
> It is politically acceptable; and
>
> It has been designed in anticipation of opposition and constraints
> such as budget, public reaction, and is flexible enough to be altered
> to gain a wider acceptance in the negotiation process.

It must be generally recognized that a problem exists.

The problem must be worthy of congressional consideration.

H.  If a solution to a problem becomes a congressional concern and a
    bill has been introduced to either add to or expand federal control
    over the floodplain, the policy battlefield is in the offices of
    congressmen and their staff. The broad aspects of policy are decided
    by how negotiations fare.

I.  Once a bill has been enacted, the policy battlefield moves to the
    agency or agencies which have been given policy authority. The
    agencies must transform the general policy into administrative rules
    or accepted methods to carry out the legal intent, of an often
    nebulous set of issues. By law all new administrative rules must
    first be published in the Federal Register and a time set for public
    comments. However, those with major concerns should consult with the
    agencies immediately to influence the content of the first set of
    rules that are published in the Federal Register. Over time, rules
    are amended so concerned parties should establish long-term
    relationships with the agencies to take part in any review and
    proposed changes in rules.

J. What should be apparent when looking at the sum of federal laws
regarding the floodplain is that there is no comprehensive method of
management? Rather, a few issues dominate how the floodplain gets
managed. In the next sections, some of these concerns are highlighted,
beginning with "clean water," an issue that arose because of widespread
contamination of drinking water rather than a need to have healthy
floodplains. Then "endangered species" laws are discussed, which took
individual species out of their environmental context and sought to stop
their demise, often without concern for any effects elsewhere. These are
a few examples from the many that are shown in Table 22.1. The
instructor may wish to have students develop more complete histories of
the remaining federal laws shown in Table 22.1 so they can understand
the logic behind federal laws and what issues have become prominent and
which have not. Federal decisions and their implementation have had the
major impact on floodplain management in this country.

Objective 22.2 Identify what constitutes "clean water."

Requirements:

None.

Remarks:

I. History of Federal Water Pollution and Quality Laws

A. Federal concern over "clean water" originated in 1948 with the
passage of the Water Pollution Control Act. **(PP7, Table 22.1) (Handout
22-1)**

1\. The original 1948 statute (Ch. 758; P.L. 845) authorized the Surgeon
General of the Public Health Service, in cooperation with other Federal,
state and local entities, to prepare comprehensive programs for
eliminating or reducing the pollution of interstate waters and
tributaries and improving the sanitary condition of surface and
underground waters.

2\. During the development of such plans, due regard was to be given to
improvements necessary to conserve waters for

-   Public water supplies

-   Propagation of fish and aquatic life

-   Recreational purposes

-   Agricultural and industrial uses

3\. The original statute also authorized the Federal Works Administrator
to assist states, municipalities, and interstate agencies in
constructing treatment plants to prevent discharges of inadequately
treated sewage and other wastes into interstate waters or tributaries.

B. Since 1948, the original statute has been amended extensively either
to authorize additional water quality programs, create or amend
standards and procedures to govern allowable discharges, and provide
funding for construction grants or general programs.

1\. Amendments in other years provided for continued authority to
conduct program activities or make administrative changes to related
activities.

C. One of the most significant amendments was the **Federal Water
Pollution Control Act Amendments of 1972,** now commonly referred to as
the "**Clean Water Act**."

1\. The Clean Water Act stipulated broad national objectives to restore
and maintain the chemical, physical, and biological integrity of the
Nation\'s waters

D. Since 1972, the law has been amended several more times. However, the
basic focus, that the waters of the United States meet quality
standards, remains.

1\. The Sierra Club estimates that about two-thirds of all lakes and
streams are now safe for swimming, compared to 36% in 1970, thanks to
the Clean Water Act.

II Clean Water

A. Because of continuous research on water quality, standards used to
define "clean water" change constantly.

1\. Therefore, there is no specific definition of "clean water" in
federal statutes.

2\. What constitutes "clean water" is water that meets up-to-date
chemical, physical, and biological standards. The Environmental
Protection Agency (EPA) is the lead federal agency in conducting
research and determining standards.

III. The Impact of Clean Water laws on Floodplain Development

A. Implementing the Clean Water Act is expensive. The use of community
resources to meet federal standards means that they cannot be used
elsewhere. Students should review the impact of the Clean Water Act on
their study floodplains and ask local officials how it has altered
floodplain development projects and proposals. A specific example might
be the requirement for an EPA National Pollutant Discharge Elimination
System (NPDES) permit for either their stormwater system or the waste
water treatment facility.

Objective 22.3 Identify what constitutes an "endangered species."

**Requirements:**

None. See individual objectives.

**Remarks:**

I Federal Protection of Endangered Species

A. Congress first established federal protection of endangered species
when it enacted the **Endangered Species Preservation Act** in 1966. The
act was amended in 1969.

1\. However, what we consider **the true Endangered Species Act was
enacted in 1973**. It repealed the 1969 law and implemented the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora, signed by the United States on March 3, 1973, as well as the
Convention on Nature Protection and Wildlife Preservation in the Western
Hemisphere, signed by the United States on October 12, 1940.

**II The 1973 Endangered Species Act**

A. The 1973 Endangered Species Act provided for the conservation of
ecosystems upon which threatened and endangered species of fish,
wildlife, and plants depend. Through Federal action and by encouraging
the establishment of State programs, the Act:

-   Authorizes the determination and listing of species as endangered
    and threatened;

-   Prohibits unauthorized taking, possession, sale, and transport of
    endangered species;

-   Provides authority to acquire land for the conservation of listed
    species, using land and water conservation funds;

-   Authorizes establishment of cooperative agreements and grants-in-aid
    to States that establish and maintain active and adequate programs
    for endangered and threatened wildlife and plants;

-   Authorizes the assessment of civil and criminal penalties for
    violating the Act or regulations; and

-   Authorizes the payment of rewards to anyone furnishing information
    leading to arrest and conviction for any violation of the Act or any
    regulation issued thereunder.

B. Section 7 of the Endangered Species Act amended through January 24,
2002 requires Federal agencies to insure that any action authorized,
funded, or carried out by them is not likely to jeopardize the continued
existence of listed species or modify their critical habitat.

III Endangered and Threatened Species

A. In Section 3 of the Endangered Species Act as amended through January
24, 2002, "the term '**endangered species'** means any species which is
in danger of extinction throughout all or a significant portion of its
range other than a species of Class Insecta determined by the Secretary
to constitute a pest whose protection under the provisions of this
chapter would present an overwhelming and overriding threat to man."

B. Later in Section 3, "the term '**threatened species'** means any
species which is likely to become an endangered species within its
foreseeable future throughout all or a significant portion of its
range."

IV. Impact of Endangered Species on Floodplain Development

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A.  The placement of any species on the Endangered Species list can
    dramatically affect any proposals that threaten that species
    irrespective of their importance. Two classic cases are the snail
    darter that delayed the construction of the Tellico Dam in the
    Tennessee Valley for many years beginning in 1977 and the spotted
    owl that recently prevented logging in Oregon.

B.  Students should find out what species are on the Endangered Species
    list in their study floodplains and how they have affected decisions
    to manage the floodplain. What are the positive and adverse affects?

**Objective 22.4 Identify what determines flood risk and expected losses
from floods.**

**Requirements:**

None.

**Remarks:**

This section contains a review of material covered in detail in Sessions
18 and 19 as well as new material concerning the conditions that led to
the enactment of the National Flood Insurance Act in 1968. It is
presented again to remind students that a federal program has been
established to control human activities in the floodplain. The
instructor should refer to Sessions 18 and 19 for details.

**I. Flood Risk.**

A. Throughout history, human settlements have been established on the
banks of rivers and lakes.

1\. A consequence of siting homes, businesses, and other facilities near
rivers is that periodic floods often damage or destroy structures as
well as injure or kill inhabitants. In recent times in the United
States, development along rivers has reached a point that many people
and structures are at risk.

B. What exactly is flood risk?

1\. Flooding is typically the result of either rising rivers (caused by
rainfall or snowmelt upstream) or very heavy local rainfall.

2\. In severe floods, there may be a combination of the two causes or
widespread rainfall that swells multiple upstream tributaries.

3\. Risk is determined by how high the waters rise in relation to the
structures and how often certain heights of the structures are reached.

C. The two agencies most concerned about flood risk are the USACE and
FEMA, and their definitions of risk vary.

1\. In the past with the goal of protecting communities, the USACE
constructs its protective dams and levees at the then established "flood
of record" defined as "the highest flood historically recorded in a
given location." Currently the USACE bases construction on an economic
risk analysis in which the flood of record is a key factor.

2\. FEMA, on the other hand, has established a flood insurance program
to protect individual structures and to have communities plan to
safeguard against future floods.

3\. FEMA's flood insurance laws were developed around the 100-year flood
or 1% flood concept. They specified houses that would be expected to be
flooded statistically once every 100 years or had a 1% chance each year
of being flooded by the 100-year or any scarcer event would be required
to have flood insurance when owners purchased and maintained a mortgage.

II\. Expected Losses From Floods.

A. Given the history of human settlement along rivers, there is an
expectation that flooding will cause losses.

B. Losses can be calculated by the use of damage functions for each
structure that is inundated by water at different heights.

1\. By knowing the expected height of a flood, the number of structures
located in and exposed to flooding, and the height of the flood above
the first floor of each structure one can determine an estimated loss
value in dollars.

III\. Communities at Risk.

A. After determining the expected losses for floods at different return
levels, communities can be grouped according to risk.

B. **Extreme risk communities** have expected high losses following
floods every five years (very common occurrences).

C. **Low risk communities** have low expected losses for all floods up
to 100 years floods (uncommon occurrences).

1\. Most communities in the United States have some neighborhoods that
are at high risk from floods that occur every 25 to 50 years.

IV\. The National Flood Insurance Program.

A. The private insurance industry has traditionally been unwilling to
provide building owners with flood insurance.

1\. **Adverse selection** is the tendency for poorer-than-average risks
to initially enroll in an insurance plan or to continue to renew
insurance policies.

2\. The industry's expectation is that adverse selection risks will lead
to heavy claims to the detriment of the plan.

B. In the mid-1960's, the federal government decided to provide flood
insurance. There were several reasons for the decision, including:

-   Recognition that the private insurance industry would not provide
    flood insurance.

-   Floods were causing personal hardships and economic distress, which
    required unforeseen federal disaster relief measures.

-   Structural preventive works, including dams and levees, were not
    sufficient to adequately protect against a growing flood risk.

C. Congress enacted the National Flood Insurance Program (NFIP) in 1968.
It had two broad aims.

1\. First, it provided homeowners with flood insurance.

2\. Second, before insurance could be offered in a community, the
community had to join the program and agree to institute land use laws
that, over time, would lessen potential losses in the flood plain.

> a\. If properly employed, communities would reduce human encroachment
> in the floodplain.
>
> b\. As of today, over 22,000 communities participate in the NFIP.

**Objective 22.5 Compare the management of navigable and non-navigable
waterways.**

**Requirements:**

None.

Remarks:

The management of floodplains is dependent in the United States on how
waterways are defined as being either navigable or non-navigable. In
general, the federal government has a significant impact on the
management of navigable waterways and a minimal impact on non-navigable
waterways. Students should be aware of this distinction as it determines
the degree of federal involvement in floodplain management.

I. Navigable Waterways.

A. According to the USACE *Digest of Water Resources and Policies and
Authorities*, "the definition of 'navigable waters of the U.S.' is
derived from a history of judicial decisions and interpretations, along
with administrative decisions of the Corps and legislative actions which
may declare specific water to be non-navigable."

1\. The Corps defines navigable waters as "...those waters that subject
to the ebb and flow of the tide and/or are presently used, or have been
used in the past or may be susceptible for use to transport interstate
or foreign commerce."

B. All economic activities on navigable rivers are subject to rules and
regulations established by legislative action or administrative
decisions of the Corps.

1\. By law, every approved activity must be cost beneficial.

2\. Depending on the project, its construction, operation, and
maintenance may be solely or jointly performed by the USACE, public
entities, or private concerns.

C. In addition to navigation (since the passage of water laws),
management of navigable rivers must account for water quality, fish and
wildlife, and other concerns.

II\. Non-navigable waterways.

A. By definition, non-navigable waterways are those that have not and
will not be used for interstate or foreign commerce and those specific
waterways declared by Congress to be non-navigable.

B. If a waterway is non-navigable, it is not subject to as many federal
rules and regulations for its use as are navigable rivers.

**Objective 22.6 Identify what constitutes water projects being
considered "pork."**

**Requirements:**

None.

**Remarks:**

Up to now in this session, the discussion has focused on laws that have
national significance. In this section, local projects funded by the
federal government are discussed. Historically, Congressmen have
diverted funds to their congressional districts in the form of water
projects to satisfy local constituents. Students should be aware that
floodplain developments in their study floodplains may have been funded
by Congress to satisfy constituent demand and may have impacted the
floodplain both positively and detrimentally.

I. The "pork barrel" and water projects.

A. Pork barrel legislation refers to appropriations by congress that
fund public works projects for political patronage, such as local
improvements to please a legislator's constituents.

B. Traditionally, sources of "pork" have been the annual appropriations
bills for the Bureau of Reclamation, various power administrations and
river basin authorities, and the USACE civil construction program.

C. It has been argued that pork barrel projects began after the Corps
was appropriated funds to improve navigation on the Ohio and Mississippi
Rivers in 1824.

1\. Since then, supporters of internal development along rivers have
petitioned the Corps and other agencies to back their projects.

2\. During the settlement of the United States, projects approved by
Congress often determined how the land got settled and whose local plans
were adopted. Success was commonly associated with political power.

D. As a result of a system of inland waterway developments largely
formed through the political process, the floodplains of the United
States were developed.

1\. Ferejohn (1974) presents a detailed study of pork barrel politics
surrounding Rivers and Harbors legislation between 1947 and 1968. He
shows how legislators cooperated with the USACE to select, evaluate, and
approve projects.

2\. In his case study, Reid, in excruciating detail, demonstrates how
one senator's meaningful legislation can be another's pork, and can lead
to unusual coalitions that eventually gain passage of an inland
waterways bill.

**Objective 22.7 Discuss Federal policy within the context case study
floodplains \-- Determine how the sum of federal laws is implemented in
local jurisdictions. (PP8, Discussion)**

**Requirements:**

Teams should have completed their Session 21 homework assignments \--
team research as to how responsibilities for water use, pollution, and
floodplain management have been divided within the context of their
course case study floodplains.

**Remarks:**

A.  Teams should be given time to discuss policy within the context case
    study floodplains Requirements, and

B.  Discuss their home work assignment \-- Determine how the sum of
    federal laws is implemented in local jurisdictions. They should
    specifically discuss the impacts of the Clean Water Act, the
    Endangered Species Act, the NFIP, and any likely "pork barrel"
    projects.

**References**

Arnold, Joseph L. 1988. *The Evolution of the 1936 Flood Control Act.*
Office of History, United States Army Corps of Engineers, Fort Belvoir,
Virginia.

Ferejohn, John A. 1974. *Pork Barrel Politics: Rivers and Harbors
Legislation, 1947-1968*. Stanford University Press, Stanford,
California.

Mittler, Elliott. 1997. *An Assessment of Floodplain Management in
Georgia's Flint River Basin.* Institute of Behavior Science, University
of Colorado. Chapter 2, pages 11-32.

Moore, Jamie W., and Dorothy P. Moore. 1989.*The Army Corps of Engineers
and the Evolution of Federal Flood Plain Management Policy*. Institute
of Behavioral Science, University of Colorado.

Reid, T. R. 1980. *Congressional Odyssey: The Saga of a Senate Bill.* W.
H. Freeman and Company, San Francisco.

Reuss, Martin. Winter, 1992. "Coping with Uncertainty: Social
Scientists, Engineers, and Federal Water Planning." Natural Resources
Journal, Volume 32, Number 1, pages 101-135.

United States Army Corps of Engineers. 1999. *Digest of Water Resources
Policies and Authorities,* Washington, DC, (Publication EP 1165-2-1,
available on the Internet at
[www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1165-2-1/toc.htm](http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep1165-2-1/toc.htm)

Table 22.1 Federal Agency Responsibilities in Floodplain Management

+-------------+----------------------------------+--------------------+
| Topic       | Significant Federal Law(s)       | Federal Agencies   |
|             |                                  | with Lead          |
|             |                                  | Responsibility     |
+-------------+----------------------------------+--------------------+
| Navigation  | Commerce Clause -- Constitution  | USACE              |
+-------------+----------------------------------+--------------------+
| Flood       | 1- Flood Control Act of 1917     | USACE              |
| Damage      |                                  |                    |
| Reduction   | 2- Flood Control Act of 1936     | FEMA               |
|             |                                  |                    |
|             | 3- Flood Control Act of 1960     | USBR               |
|             |                                  |                    |
|             | 4- E.O. 11988 Floodplain         |                    |
|             | Management                       |                    |
|             |                                  |                    |
|             | 5- Robert T. Stafford Disaster   |                    |
|             | Relief and Emergency Assistance  |                    |
|             | Act                              |                    |
+-------------+----------------------------------+--------------------+
| Flood       | 1- National Flood Insurance Act  | FEMA               |
| Insurance   | of 1968                          |                    |
|             |                                  |                    |
|             | 2- Flood Disaster Protection Act |                    |
|             | of 1973                          |                    |
+-------------+----------------------------------+--------------------+
| Stream Bank | Flood Control Act of 1946        | USACE              |
| Erosion     |                                  |                    |
| Control     |                                  |                    |
+-------------+----------------------------------+--------------------+
| Hy          | 1- Federal Power Act of 1920     | FERC               |
| droelectric |                                  |                    |
| Power       | 2- Electric Consumers Protection |                    |
|             | Act of 1986                      |                    |
+-------------+----------------------------------+--------------------+
| Water       | Water Supply Act of 1958         | USACE              |
| Supply      |                                  |                    |
|             |                                  | USBR               |
+-------------+----------------------------------+--------------------+
| Water       | 1- Water Pollution Control Act   | EPA                |
| Pollution   | of 1948                          |                    |
| and Quality |                                  |                    |
|             | 2- Federal Water Pollution       |                    |
|             | Control Act Amendments of 1972   |                    |
|             |                                  |                    |
|             | 3- Safe Drinking Water Act of    |                    |
|             | 1974                             |                    |
|             |                                  |                    |
|             | 4- Clean Water Act of 1977       |                    |
|             |                                  |                    |
|             | 5- Water Quality Act of 1987     |                    |
+-------------+----------------------------------+--------------------+
| Fish and    | 1- Fish and Wildlife             | FWS                |
| Wildlife    | Coordination Act of 1934         |                    |
|             |                                  |                    |
|             | 2- Fish and Wildlife Act of 1956 |                    |
|             |                                  |                    |
|             | 3- Endangered Species Act of     |                    |
|             | 1973                             |                    |
|             |                                  |                    |
|             | 4- Fish and Wildlife             |                    |
|             | Conservation Act of 1980         |                    |
+-------------+----------------------------------+--------------------+
| Wetlands    | 1- Water Resources Development   | USACE              |
| C           | Act of 1976 Section 150          |                    |
| onservation |                                  |                    |
|             | 2- E.O. 11990 Protection of      |                    |
|             | Wetlands 1977                    |                    |
+-------------+----------------------------------+--------------------+
| En          | 1- National Environmental Policy | EPA                |
| vironmental | Act of 1969                      |                    |
| Quality     |                                  |                    |
|             | 2- Comprehensive Environmental   |                    |
|             | Response, Compensation Liability |                    |
|             | At of 1980 (a.k.a. "Superfund")  |                    |
+-------------+----------------------------------+--------------------+
| Watershed   | 1- Conservation of Watersheds    | SCS                |
| Protection  | Act of 1911                      |                    |
|             |                                  |                    |
|             | 2- Watershed Protection and      |                    |
|             | Flood Prevention Act of 1954     |                    |
+-------------+----------------------------------+--------------------+
| Wild and    | Wild and Scenic Rivers Act of    | Forest Service     |
| Scenic      | 1968                             |                    |
| Rivers      |                                  | National Park      |
|             |                                  | Service            |
+-------------+----------------------------------+--------------------+
| Community   | Housing and Community            | HUD                |
| Development | Development Act of 1974          |                    |
+-------------+----------------------------------+--------------------+
| Reclamation | Reclamation Act of 1902          | USBR               |
+-------------+----------------------------------+--------------------+
| Dams        | Dam Safety Act of 1972           | USACE              |
+-------------+----------------------------------+--------------------+
| Recreation  | 1- "The Fletcher Act" of 1932    | USACE              |
|             |                                  |                    |
|             | 2- Water Project Recreation Act  | USBR               |
|             | of 1965                          |                    |
|             |                                  | FWS                |
+-------------+----------------------------------+--------------------+

Abbreviations in Table 22.1: USACE (United States Army Corps of
Engineers); FEMA (Federal Emergency Management Agency); USBR (United
States Bureau of Reclamation); FERC (Federal Energy Regulatory
Commission); EPA (Environmental Protection Agency); FWS (Fish and
Wildlife Service); SCS (Soil Conservation Service).