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 administration or management of Federal real property 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 (ii) any regulations issued under the National Flood Insurance Program unless those regulations are demonstrably inappropriate 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 appropriate, other pieces of property a conspicuous delineation of past and probable flood height— (i) if the structure or other property— (I) is used by the general public; and (II) (aa) has suffered flood damage; or (bb) is in an identified flood hazard area; and (ii) in order to enhance public awareness of, and knowledge about, flood hazards; and (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 successors; or (II) withhold the property from conveyance. (b) Exemption (1) In general The head of an agency may exempt a federally funded project from the requirement under subsection (a)(1) if— (A) the exemption is in the interest of national security; or (B) the undertaking of the federally funded project is because of an emergency. (2) Notice The head of an agency shall publish in the Federal Register notice of any exemption used by the agency under paragraph (1)(B), which shall include factual findings in support of the exemption. (c) Updates Not less frequently than once every 5 years, the Water Resources Council shall update the Standard, as determined appropriate by the Water Resources Council.