33 U.S.C. § 701b–11 — Flood protection projects
submitted 52 years ago by Pub. L. 93-251 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 153 words · no verdicts yet
Federal agencies must consider nonstructural ways to reduce flood damage, and non-Federal participation for a recommended nonstructural plan is capped at 20 percent of project costs.
(a) When a Federal agency surveys, plans, or designs a flood-protection project, it must consider nonstructural alternatives and seek the most economically, socially, and environmentally acceptable way to prevent or reduce flood damage. Alternatives include (1) floodproofing structures, including raising them; (2) regulating floodplains; (3) acquiring floodplain land for recreation, fish and wildlife, or other public purposes; (4) relocation; and (5) using a feature described in section 2289a(a). (b) If a nonstructural alternative is recommended, the non-Federal contribution must be comparable to the lands, easements, and rights-of-way that would have been required for structural protection under section 701c, but may never exceed 20 percent of project costs.
In the survey, planning, or design by any Federal agency of any project involving flood protection, consideration shall be given to nonstructural alternatives to prevent or reduce flood damages, with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damage, including—
floodproofing of structures, including through elevation;
floodplain regulation;
acquisition of floodplain land for recreational, fish and wildlife, and other public purposes;
relocation; and
the use of a feature described in section 2289a(a) of this title.
Where a nonstructural alternative is recommended, non-Federal participation shall be comparable to the value of lands, easements, and rights-of-way which would have been required of non-Federal interests under section 701c of this title, for structural protection measures, but in no event shall exceed 20 per centum of the project costs.
Source credit: (Pub. L. 93–251, title I, § 73, Mar. 7, 1974, 88 Stat. 32; Pub. L. 116–260, div. AA, title I, § 115(a), Dec. 27, 2020, 134 Stat. 2627.)
- 1974Enacted · Pub. L. 93-251 · 88 Stat. 32
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2627
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-251 on 1974-03-07.
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