I 
115TH CONGRESS 
2D SESSION 
H. R. 7024 
To establish a Federal standard in order to improve the Nation’s resilience 
to current and future flood risk. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2018 
Mr. RASKIN (for himself, Mr. CURBELO of Florida, Mr. PANETTA, Ms. 
WASSERMAN SCHULTZ, Mr. DONOVAN, and Mr. VELA) introduced the 
following bill; which was referred to the Committee on Financial Services, 
and in addition to the Committee on Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To establish a Federal standard in order to improve the 
Nation’s resilience to current and future flood risk. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Flood Manage-
ment Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Federal Emergency Management 
Agency; 
(2) the term ‘‘agency’’— 
(A) has the meaning given the term ‘‘Exec-
utive agency’’ in section 105 of title 5, United 
States Code; 
(B) includes military departments; and 
(C) does not apply to an agency that does 
not take agency actions in or affecting 
floodplains; 
(3) the term ‘‘agency action’’ means, with re-
spect to an agency— 
(A) acquiring, managing, and disposing of 
Federal lands and facilities; 
(B) providing construction and improve-
ments that are undertaken, financed by, or as-
sisted by the Federal Government; and 
(C) conducting Federal activities and pro-
grams that affect land use, including planning, 
regulating, and licensing activities relating to 
water and land resources; 
(4) the term ‘‘base flood’’ means a flood that 
has a not less than 1 percent chance of occurring in 
a year; 
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(5) the term ‘‘critical action’’ means any agency 
action with respect to which the head of the agency 
determines a slight chance of flooding would present 
an unacceptable amount of risk; 
(6) the term ‘‘Executive Order 11988’’ means 
Executive Order 11988 (42 Fed. Reg. 26951; relat-
ing to floodplain management); 
(7) the term ‘‘federally funded project’’ means 
an action in which Federal funds are used, with re-
spect to a structure or facility, for new construction, 
for substantial improvement, or to address substan-
tial damage; 
(8) the term ‘‘floodplain’’ means, subject to sec-
tion 4(b)(2), the lowland and relatively flat area that 
adjoins inland and coastal waters (including flood- 
prone areas of offshore islands); 
(9) the term ‘‘National Flood Insurance Pro-
gram’’ means the program established under the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.); 
(10) the term ‘‘Standard’’ means the Federal 
Flood Risk Management Standard set forth in Ap-
pendix G to Guidelines for Implementing Executive 
Order 11988, Floodplain Management, and Execu-
tive Order 13690, Establishing a Federal Flood Risk 
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Management Standard and a Process for Further 
Soliciting and Considering Stakeholder Input, pub-
lished on October 8, 2015; and 
(11) the term ‘‘Water Resources Council’’ 
means the Council established under section 101 of 
the Water Resources Planning Act (42 U.S.C. 
1962a). 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) it should be the policy of the United States 
to improve the resiliency of communities and assets 
of the Federal Government against the impacts of 
flooding; 
(2) the impacts of flooding are anticipated to 
increase over time due to increased future risk and 
greater development on floodplains; 
(3) losses caused by flooding affect— 
(A) the environment; 
(B) the economic prosperity of the United 
States; 
(C) public health and safety; and 
(D) the national security of the United 
States; 
(4) the Federal Government must take action, 
informed by the best available and actionable 
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science, to improve the preparedness and resilience 
of the United States with respect to flooding; 
(5) Executive Order 11988 requires agencies to 
avoid— 
(A) to the maximum extent practicable, the 
long- and short-term adverse impacts associated 
with 
the 
occupancy 
and 
modification 
of 
floodplains; and 
(B) direct or indirect support of floodplain 
development whenever a more practicable alter-
native is available; 
(6) to implement Executive Order 11988, the 
Federal Government has developed processes for 
evaluating the impacts of Federal actions in or af-
fecting floodplains; 
(7) in June 2013, an interagency effort to cre-
ate a new flood risk reduction standard for federally 
funded projects was initiated; 
(8) in establishing the standard described in 
paragraph (7), the views of governors, mayors, and 
interested members of the public were solicited and 
considered; 
(9) the result of the efforts described in para-
graphs (7) and (8) is the Standard, a flexible frame-
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work to increase resilience against flooding and help 
preserve the natural values of floodplains; and 
(10) enacting the Standard will ensure that 
agencies expand management from the base flood 
level in effect as of the date of enactment of this Act 
to a higher vertical elevation and a corresponding 
horizontal floodplain in order to— 
(A) address current and future flood risk; 
and 
(B) ensure that federally funded projects 
last as long as intended. 
SEC. 4. FLOODPLAIN MANAGEMENT. 
(a) IN GENERAL.—The head of each agency shall 
provide leadership and shall take action, when carrying 
out an agency action, to— 
(1) reduce the risk of losses resulting from 
floods; 
(2) minimize the impact of floods on human 
safety, health, and welfare; and 
(3) restore and preserve the natural and bene-
ficial values served by floodplains. 
(b) AGENCY RESPONSIBILITIES.— 
(1) IN GENERAL.—In carrying out an agency 
action as described in subsection (a), the head of 
each agency shall— 
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(A) evaluate the potential effects of any 
agency action taken by the agency in a flood-
plain, as determined under paragraph (2); 
(B) ensure that the planning programs and 
budget requests of the agency reflect consider-
ation of flood hazards and the management of 
floodplains; and 
(C) prescribe procedures to implement the 
policies and requirements of this Act— 
(i) to the extent permitted by law; and 
(ii) in accordance with the procedures 
described in paragraph (3). 
(2) DETERMINATION
OF
FLOODPLAINS.—The 
head of an agency shall, when determining whether 
an agency action will take place in a floodplain— 
(A) use— 
(i) the elevation and flood hazard 
area, as determined by— 
(I) a climate-informed science ap-
proach that— 
(aa) uses the best available 
actionable hydrologic and hydrau-
lic data and methods; 
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(bb) integrates current and 
future changes in flooding based 
on climate science; and 
(cc) includes an emphasis on 
whether the agency action is a 
critical action; 
(II) the freeboard value, reached 
by adding an additional— 
(aa) 2 feet to the base flood 
elevation for an agency action 
that is not a critical action; and 
(bb) 3 feet to the base flood 
elevation for an agency action 
that is a critical action; or 
(III) any other method that is 
identified in any amendment made to 
this Act; or 
(ii) an area that has a 0.2 percent 
chance of flooding in a year; and 
(B) rely on— 
(i) the best available information; and 
(ii) the Flood Insurance Rate Map 
published by the Administrator for the 
community in which the agency action 
shall take place. 
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(3) PROCEDURES.—The procedures described 
in this paragraph are as follows: 
(A) Before an agency takes an agency ac-
tion, the head of the agency shall determine 
under paragraph (2) whether the proposed 
agency action will take place in a floodplain. 
(B) If an agency action described in sub-
paragraph (A) may have a significant effect on 
the quality of the human environment, the eval-
uation required under paragraph (5) shall be 
included in any statement prepared under sec-
tion 102(2)(C) of the National Environmental 
Policy Act (42 U.S.C. 4332(2)(C)). 
(C) If the head of an agency has deter-
mined to, or proposes to, conduct, support, or 
allow an agency action that will take place in a 
floodplain, as determined under paragraph (2), 
the head of the agency shall— 
(i) consider alternatives in order to 
avoid adverse effects and incompatible de-
velopment in the floodplain; 
(ii) when possible, rely on natural sys-
tems, ecosystem processes, and nature- 
based approaches when considering alter-
natives under clause (i); 
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(iii) if the head of the agency deter-
mines that the only practicable alternative 
consistent under law, including the require-
ments of this Act, requires taking an agen-
cy action in a floodplain, before taking the 
agency action— 
(I) design or modify the agency 
action to minimize potential harm to 
or within the floodplain consistent 
with regulations issued under para-
graph (6); and 
(II) prepare and distribute a no-
tice that contains an explanation with 
respect to why the agency action shall 
take place in the floodplain; 
(iv) with respect to an agency action 
relating to a program that is subject to 
Circular A–95 of the Office of Manage-
ment and Budget, send a notice to the 
State and area-wide clearinghouses for the 
geographic areas that are affected by the 
agency action that— 
(I) is not more than 3 pages 
long; 
(II) includes— 
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(aa) a location map; 
(bb) the reasons why the 
agency action shall occur in a 
floodplain; 
(cc) a statement indicating 
whether the agency action con-
forms to applicable State or local 
floodplain protection standards; 
and 
(dd) a list of the alternatives 
to the agency action that the 
head of the agency considered; 
and 
(III) allows for a brief comment 
period before the head of the agency 
may take the agency action; and 
(v) provide the opportunity for early 
public review of any plan or proposal for 
the agency action, including the develop-
ment of procedures for any Federal action 
the impact of which is not significant 
enough to require the preparation of a 
statement under section 102(2)(C) of the 
National Environmental Policy Act (42 
U.S.C. 4332(2)(C)). 
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(4) REQUESTS FOR AUTHORIZATIONS AND AP-
PROPRIATIONS.—The head of an agency, when mak-
ing any request to the Director of the Office of Man-
agement and Budget for a new authorization or for 
appropriations, shall indicate, if an agency action to 
be proposed shall take place in a floodplain, as de-
termined under paragraph (2), whether the agency 
action complies with this Act. 
(5) WATER AND LAND USE PLANS.— 
(A) IN GENERAL.—The head of an agency, 
when formulating or evaluating any water and 
land use plan, shall— 
(i) take floodplain management into 
account; and 
(ii) require the use of land and water 
resources that are appropriate when com-
pared with the degree of hazard that is in-
volved. 
(B) CONSIDERATIONS.—The head of each 
agency shall— 
(i) provide for the adequate evaluation 
and consideration of flood hazards with re-
spect to the regulations and operating pro-
cedures for the licenses, permits, and loan 
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or grant programs administered by the 
agency; and 
(ii) with respect to an applicant for a 
license, permit, loan, or grant that is 
issued or administered by the agency, en-
courage, and provide appropriate guidance 
to, the applicant to evaluate, before sub-
mitting the application, the effects that the 
application, if granted, would have on 
floodplains. 
(6) REGULATIONS AND PROCEDURES.—To the 
extent permitted by law, the head of each agency 
shall, in consultation with the Water Resources 
Council, the Federal Interagency Floodplain Man-
agement Task Force, the Administrator, and the 
Council on Environmental Quality— 
(A) issue regulations, or amend regulations 
that are in effect as of the date of enactment 
of this Act, to comply with the requirements of 
this Act; and 
(B) amend the regulations described in 
subparagraph (A) as warranted. 
(c) 
ANNUAL
REASSESSMENT.—The 
Mitigation 
Framework Leadership Group, in consultation with the 
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Federal Interagency Floodplain Management Task Force, 
shall— 
(1) annually reassess the implementation of the 
requirements imposed under this section; and 
(2) provide recommendations to the Water Re-
sources Council for updates to the requirements im-
posed under this section that are warranted based 
on accurate and actionable science that takes into 
account changes to climate and other changes in 
flood risk. 
SEC. 5. FEDERAL FLOOD RISK MANAGEMENT STANDARD. 
(a) IN GENERAL.—The head of an agency shall— 
(1) except as provided in subsection (b), with 
respect to a federally funded project undertaken by 
the agency, ensure that the agency complies with the 
Standard; and 
(2) if the agency has responsibility for the ad-
ministration or management of Federal real prop-
erty and facilities, in addition to the requirements 
under section 4 and paragraph (1)— 
(A) require the construction of Federal 
structures and facilities to comply with— 
(i) the regulations and procedures 
issued under section 4(b)(6); and 
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(ii) any regulations issued under the 
National Flood Insurance Program unless 
those regulations are demonstrably inap-
propriate for a structure or facility; 
(B) apply accepted floodproofing and other 
flood protection measures to the construction or 
rehabilitation of a structure or facility that is 
located in a floodplain; 
(C) when practicable, elevate a structure 
above the floodplain instead of filling in land; 
(D) provide on structures and, where ap-
propriate, other pieces of property a con-
spicuous delineation of past and probable flood 
height— 
(i) if the structure or other prop-
erty— 
(I) is used by the general public; 
and 
(II)(aa) has suffered flood dam-
age; or 
(bb) is in an identified flood haz-
ard area; and 
(ii) in order to enhance public aware-
ness of, and knowledge about, flood haz-
ards; and 
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(E) when Federal property in a floodplain 
is proposed for lease, easement, right-of-way, or 
disposal to a non-Federal public or private 
party— 
(i) reference in the conveyance those 
uses that are restricted under Federal, 
State, or local regulations relating to 
floodplains; and 
(ii)(I) except where prohibited by law, 
attach any other appropriate restrictions to 
the uses of the property by the grantee or 
purchaser, as applicable, and any succes-
sors; or 
(II) withhold the property from con-
veyance. 
(b) EXEMPTION.—The head of an agency may ex-
empt a federally funded project from the requirement 
under subsection (a)(1) if— 
(1) the exemption is in the interest of national 
security; 
(2) the undertaking of the federally funded 
project is— 
(A) because of an emergency; or 
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(B) a mission-critical requirement relating 
to a national security interest or an emergency; 
or 
(3) applying the Standard to a federally funded 
project is demonstrably inappropriate. 
(c) UPDATES.—Not less frequently than once every 
5 years, the Water Resources Council shall update the 
Standard, as determined appropriate by the Water Re-
sources Council. 
SEC. 6. FINANCIAL TRANSACTIONS IN AREAS SUBJECT TO 
FLOODING. 
In addition to any responsibilities under this Act and 
sections 102, 202, and 205 of the Flood Disaster Protec-
tion Act of 1973 (42 U.S.C. 4012a, 4106, and 4128), the 
head of any agency that guarantees, approves, regulates, 
or insures any financial transaction relating to an area 
that is subject to a base flood shall, before completing any 
action relating to that transaction, inform any private par-
ties that are participating in the transaction about the 
hazards of locating a structure in that area. 
SEC. 7. REPORTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the head of each agency 
shall submit to the Council on Environmental Quality a 
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report regarding how the requirements of this Act impact 
the procedures and operations of the agency. 
(b) ANALYSIS
OF STANDARD.—Each report sub-
mitted under subsection (a) shall contain a separate anal-
ysis regarding how the requirement under section 5(a)(1) 
has impacted agencies. 
(c) EVALUATION.—Not less frequently than once 
every 2 years, the Water Resources Council shall— 
(1) evaluate the procedures, including the effec-
tiveness of the procedures, of each agency relating to 
the requirements of this Act, taking into account 
each report submitted under subsection (a); and 
(2) submit to the appropriate committees of 
Congress a report that contains the result of the 
evaluation required under paragraph (1). 
SEC. 8. GENERAL PROVISIONS. 
(a) RULES OF CONSTRUCTION.—Nothing in this Act 
may be construed— 
(1) as applying to assistance that is provided 
for emergency work that is— 
(A) performed under sections 403 and 502 
of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170b 
and 5192); and 
(B) essential to— 
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(i) save human life; and 
(ii) protect— 
(I) property; and 
(II) public health and safety; or 
(2) to impair or otherwise affect— 
(A) the authority granted by law to an 
agency or the head of an agency; or 
(B) the functions of the Director of the Of-
fice of Management and Budget relating to 
budgetary, administrative, or legislative pro-
posals. 
(b) IMPLEMENTATION.—This Act shall be imple-
mented consistent with applicable law and subject to the 
availability of appropriations. 
(c) RESPONSIBILITIES
OF
WATER
RESOURCES 
COUNCIL.—Except as otherwise expressly provided, the 
Water Resources Council shall carry out the responsibil-
ities of the Council under this Act in consultation with 
the Mitigation Framework Leadership Group. 
SEC. 9. ASSUMPTION OF RESPONSIBILITIES. 
If subparagraphs (A), (B), and (C) of section 4(b)(3) 
apply to a project to which section 104(h) of the Housing 
and Community Development Act of 1974 (42 U.S.C. 
5304(h)) applies, an appropriate applicant may assume 
the responsibilities under those subparagraphs if the appli-
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cant has also assumed, with respect to the project, all re-
sponsibilities for environmental review, decisionmaking, 
and action under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
Æ 
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