Presidential Documents

Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2014 / Presidential Documents 6425 

Executive Order 13690 of January 30, 2015 

Establishing a Federal Flood Risk Management Standard and 

a Process for Further Soliciting and Considering Stakeholder 

Input 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, and in order to improve the Nation’s 

resilience to current and future flood risk, I hereby direct the following: 

Section 1. Policy. It is the policy of the United States to improve the 

resilience of communities and Federal assets against the impacts of flooding. 

These impacts are anticipated to increase over time due to the effects of 

climate change and other threats. Losses caused by flooding affect the environment, our economic prosperity, and public health and safety, each of 

which affects our national security. 

The Federal Government must take action, informed by the best-available 

and actionable science, to improve the Nation’s preparedness and resilience 

against flooding. Executive Order 11988 of May 24, 1977 (Floodplain Management), requires executive departments and agencies (agencies) to avoid, to 

the extent possible, the long- and short-term adverse impacts associated 

with the occupancy and modification of floodplains and to avoid direct 

or indirect support of floodplain development wherever there is a practicable 

alternative. The Federal Government has developed processes for evaluating 

the impacts of Federal actions in or affecting floodplains to implement 

Executive Order 11988. 

As part of a national policy on resilience and risk reduction consistent 

with my Climate Action Plan, the National Security Council staff coordinated 

an interagency effort to create a new flood risk reduction standard for 

federally funded projects. The views of Governors, mayors, and other stakeholders were solicited and considered as efforts were made to establish 

a new flood risk reduction standard for federally funded projects. The result 

of these efforts is the Federal Flood Risk Management Standard (Standard), 

a flexible framework to increase resilience against flooding and help preserve 

the natural values of floodplains. Incorporating this Standard will ensure 

that agencies expand management from the current base flood level to a 

higher vertical elevation and corresponding horizontal floodplain to address 

current and future flood risk and ensure that projects funded with taxpayer 

dollars last as long as intended. 

This order establishes the Standard and sets forth a process for further 

solicitation and consideration of public input, including from Governors, 

mayors, and other stakeholders, prior to implementation of the Standard. 

Sec. 2. Amendments to Executive Order 11988. Executive Order 11988 is 

amended as follows: 

(a) Section 2 is amended by inserting ‘‘, to the extent permitted by law’’ 

after ‘‘as follows’’. 

(b) Section 2(a)(1) is amended by striking ‘‘This Determination shall be 

made according to a Department of Housing and Urban Development (HUD) 

floodplain map or a more detailed map of an area, if available. If such 

maps are not available, the agency shall make a determination of the location 

of the floodplain based on the best-available information. The Water Resources Council shall issue guidance on this information not later than 

October 1, 1977’’ and inserting in lieu thereof ‘‘To determine whether the 


asabaliauskas on DSK5VPTVN1PROD with PRESDOCS
6426 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2014 / Presidential Documents 

action is located in a floodplain, the agency shall use one of the approaches 

in Section 6(c) of this Order based on the best-available information and 

the Federal Emergency Management Agency’s effective Flood Insurance Rate 

Map’’. 

(c) Section 2(a)(2) is amended by inserting the following sentence after 

the first sentence: 

‘‘Where possible, an agency shall use natural systems, ecosystem processes, 

and nature-based approaches when developing alternatives for consideration.’’. 

(d) Section 2(d) is amended by striking ‘‘Director’’ and inserting ‘‘Administrator’’ in lieu thereof. 

(e) Section 3(a) is amended by inserting the following sentence after the 

first sentence: 

‘‘The regulations and procedures must also be consistent with the Federal 

Flood Risk Management Standard (FFRMS).’’. 

(f) Section 3(a) is further amended by inserting ‘‘and FFRMS’’ after ‘‘Flood 

Insurance Program’’. 

(g) Section 3(b) is amended by striking ‘‘base flood level’’ and inserting 

‘‘elevation of the floodplain as defined in Section 6(c) of this Order’’ in 

lieu thereof. 

(h) Section 4 is revised to read as follows: 

‘‘In addition to any responsibilities under this Order and Sections 102, 

202, and 205 of the Flood Disaster Protection Act of 1973, as amended 

(42 U.S.C. 4012a, 4106, and 4128), agencies which guarantee, approve, regulate, or insure any financial transaction which is related to an area located 

in an area subject to the base flood shall, prior to completing action on 

such transaction, inform any private parties participating in the transaction 

of the hazards of locating structures in the area subject to the base flood.’’. 

(i) Section 6(c) is amended by striking ‘‘, including at a minimum, that 

area subject to a one percent or greater chance of flooding in any given 

year’’ and inserting in lieu thereof: 

‘‘. The floodplain shall be established using one of the following approaches: 

‘‘(1) Unless an exception is made under paragraph (2), the floodplain 

shall be: 

‘‘(i) the elevation and flood hazard area that result from using a climateinformed science approach that uses the best-available, actionable hydrologic and hydraulic data and methods that integrate current and future 

changes in flooding based on climate science. This approach will also 

include an emphasis on whether the action is a critical action as one 

of the factors to be considered when conducting the analysis; 

‘‘(ii) the elevation and flood hazard area that result from using the freeboard 

value, reached by adding an additional 2 feet to the base flood elevation 

for non-critical actions and by adding an additional 3 feet to the base 

flood elevation for critical actions; 

‘‘(iii) the area subject to flooding by the 0.2 percent annual chance flood; 

or 

‘‘(iv) the elevation and flood hazard area that result from using any other 

method identified in an update to the FFRMS. 

‘‘(2) The head of an agency may except an agency action from paragraph 

(1) where it is in the interest of national security, where the agency action 

is an emergency action, where application to a Federal facility or structure 

is demonstrably inappropriate, or where the agency action is a missioncritical requirement related to a national security interest or an emergency 

action. When an agency action is excepted from paragraph (1) because 

it is in the interest of national security, it is an emergency action, or 


asabaliauskas on DSK5VPTVN1PROD with PRESDOCS
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2014 / Presidential Documents 6427 

it is a mission-critical requirement related to a national security interest 

or an emergency action, the agency head shall rely on the area of land 

subject to the base flood’’. 

(j) Section 6 is further amended by adding the following new subsection 

(d) at the end: 

‘‘(d) The term ’critical action’ shall mean any activity for which even 

a slight chance of flooding would be too great.’’. 

(k) Section 8 is revised to read as follows: 

‘‘Nothing in this Order shall apply to assistance provided for emergency 

work essential to save lives and protect property and public health and 

safety, performed pursuant to Sections 403 and 502 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act of 1988 (42 U.S.C. 5170b 

and 5192).’’. 

Sec. 3. Agency Action. (a) Prior to any action to implement the Standard, 

additional input from stakeholders shall be solicited and considered. To 

carry out this process: 

(i) the Federal Emergency Management Agency, on behalf of the Mitigation 

Framework Leadership Group, shall publish for public comment draft 

amended Floodplain Management Guidelines for Implementing Executive 

Order 11988 (Guidelines) to provide guidance to agencies on the implementation of Executive Order 11988, as amended, consistent with the Standard; 

(ii) during the comment period, the Mitigation Framework Leadership 

Group shall host public meetings with stakeholders to solicit input; and 

(iii) after the comment period closes, and based on the comments received 

on the draft Guidelines during the comment period, in accordance with 

subsections (a)(i) and (ii) of this section, the Mitigation Framework Leadership Group shall provide recommendations to the Water Resources Council. 

(b) After additional input from stakeholders has been solicited and considered as set forth in subsections (a)(i) and (ii) of this section and after 

consideration of the recommendations made by the Mitigation Framework 

Leadership Group pursuant to subsection (a)(iii) of this section, the Water 

Resources Council shall issue amended Guidelines to provide guidance to 

agencies on the implementation of Executive Order 11988, as amended, 

consistent with the Standard. 

(c) To the extent permitted by law, each agency shall, in consultation 

with the Water Resources Council, Federal Interagency Floodplain Management Task Force, Federal Emergency Management Agency, and Council 

on Environmental Quality, issue or amend existing regulations and procedures to comply with this order, and update those regulations and procedures 

as warranted. Within 30 days of the closing of the public comment period 

for the draft amendments to the Guidelines as described in subsection (a) 

of this section, each agency shall submit an implementation plan to the 

National Security Council staff that contains milestones and a timeline for 

implementation of this order and the Standard, by the agency as it applies 

to the agency’s processes and mission. Agencies shall not issue or amend 

existing regulations and procedures pursuant to this subsection until after 

the Water Resources Council has issued amended Guidelines pursuant to 

subsection (b) of this order. 

Sec. 4. Reassessment. (a) The Water Resources Council shall issue any 

further amendments to the Guidelines as warranted. 

(b) The Mitigation Framework Leadership Group in consultation with 

the Federal Interagency Floodplain Management Task Force shall reassess 

the Standard annually, after seeking stakeholder input, and provide recommendations to the Water Resources Council to update the Standard if 

warranted based on accurate and actionable science that takes into account 

changes to climate and other changes in flood risk. The Water Resources 

Council shall issue an update to the Standard at least every 5 years. 

Sec. 5. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 


asabaliauskas on DSK5VPTVN1PROD with PRESDOCS
6428 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2014 / Presidential Documents 

(i) the authority granted by law to an executive department, agency, or 

the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 

subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party 

against the United States, its departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

(d) The Water Resources Council shall carry out its responsibilities under 

this order in consultation with the Mitigation Framework Leadership Group. 

THE WHITE HOUSE, 

January 30, 2015. 

[FR Doc. 2015–02379 

Filed 2–3–15; 11:15 am] 

Billing code 3295–F5 


asabaliauskas on DSK5VPTVN1PROD with PRESDOCSOB#1.EPS</GPH>