Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input

[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]

[Presidential Documents]

[Pages 6425-6428]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2015-02379]

Presidential Documents

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

Presidential Documents

[[Page 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.

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

ff 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''.

c 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

[[Page 6426]]

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.

he 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.''.

sure 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 climate-

informed 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.

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 mission-critical

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

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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.''.

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.

igation 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

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.

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:

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(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.

(Presidential Sig.)

THE WHITE HOUSE,

January 30, 2015.

[FR Doc. 2015-02379

Filed 2-3-15; 11:15 am]

Billing code 3295-F5