The purpose of this page is to provide information and materials related to the President’s Executive Order 13690, “The Federal Flood Risk Management Standard” for federal agencies.
BACKGROUND: On January 30, 2015, the President signed Executive Order (E.O.) 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, which amended E.O. 11988, Floodplain Management, issued in 1977. Consistent with the President’s direction, the Federal Emergency Management Agency (FEMA), as Chair of the Mitigation Framework Leadership Group, published for public comment in the Federal Register Draft Guidelines to provide guidance to agencies on the implementation of Executive Orders 13690 and 11988 (80 FR 6530, February 5, 2015). After an extension, the public comment period lasted 90 days, during which FEMA and other members of the Mitigation Framework Leadership Group held eight in-person public listening sessions across the country and one public webinar, to ensure input from stakeholders and the public. The Mitigation Framework Leadership Group has considered stakeholder input and has provided the Water Resources Council with recommendations.
The Mitigation Framework Leadership Group developed the Comment Response Document which summarized and responded to input received from stakeholders during the open comment period for the Draft Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input dated January 28, 2015.
The Comment Response Document provides an overview of the comments received and a summary of major themes that emerged from these comments. Within each theme, there are questions (in bold) that capture key concerns followed by further explanation of the issue and/ the response to the question or comment. Where appropriate, the response includes an explanation of any changes to the Guidelines (italicized text).
FEMA, the U.S. Army Corps of Engineers, and Housing and Urban Development (HUD) have produced fact sheets in response to several frequently asked questions regarding the intended scope of the President’s Federal Flood Risk Management Standard (FFRMS) and the anticipated impacts to many of the programs of these agencies.
- The Applicability of Executive Order 136090 Fact Sheet responds to several frequently asked questions regarding the intended scope of the President’s FFRMS and the potential impacts to the National Flood Insurance Program (NFIP).
- The U.S. Army Corps of Engineers produced talking points and a fact sheet, Applicability of Floodplain Management and FFRMS Executive Orders to USACE Permitting Authorities, in response to questions about Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.
- HUD’s Implementation of E.O. 13690 and the Federal Flood Risk Management Standard addresses the application of the FFRMS to single-family home mortgages for acquisition or refinancing of existing homes under the Federal Housing Administration or any other programs.
An Introduction to the Federal Flood Risk Management Standard (“Standard”)
To improve the nation’s resilience to flooding and better prepare the nation for the impacts of climate change, the President’s Climate Action Plan (June 2013) directs federal agencies to take the appropriate actions to reduce risk to federal investments, specifically to “update their flood-risk reduction standards.”
To further the Climate Action Plan, the President released Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input.
Between 1980 and 2013, the United States suffered more than $260 billion in flood-related damages. On average, more people die annually from flooding than any other natural hazard. Further, the costs borne by the Federal government are more than any other hazard. Flooding accounts for approximately 85% of all disaster declarations. With climate change, we anticipate that flooding risks will increase over time. In fact, the National Climate Assessment (May 2014) projects that extreme weather events, such as severe flooding, will persist throughout the 21st century. That damage can be particularly severe to our infrastructure, including our buildings, roads, ports, industrial facilities, and even our coastal military installations.
The new federal flood risk standard requires all future federal investments in and affecting floodplains to meet the level of resilience as established by the Standard. For example, this includes where federal funds are used to build new structures and facilities or to rebuild those that have been damaged.
The Federal Flood Risk Management Standard builds on work done by the Hurricane Sandy Rebuilding Task Force, which announced in April 2013 that all Sandy-related rebuilding projects funded by the Sandy Supplemental (Public Law 113-2) must meet a consistent flood risk reduction standard. The Hurricane Sandy Rebuilding Strategy recommended that the federal government create a national flood risk standard for Federally-funded projects beyond the Sandy-affected region.
The Standard specifically requires agencies to consider current and future risk when taxpayer dollars are used to build or rebuild floodplains.
In implementing the Standard, federal agencies will be given the flexibility to select one of three approaches for establishing the flood elevation and hazard area they use in siting, design, and construction:
- Utilizing best-available, actionable data and methods that integrate current and future changes in flooding based on science,
- Two or three feet of elevation, depending on the criticality of the building, above the 100-year, or 1%-annual-chance, flood elevation, or
- 500-year, or 0.2%-annual-chance, flood elevation.
Open Comment Period Until 10/21/2016: FEMA's Notice of Proposed Rulemaking for to amend regulations and implementing Executive Order 13690 for Floodplain Management and Protection of Wetlands
FEMA proposes to amend its regulations for “Floodplain Management and Protection of Wetlands” to implement Executive Order 13690, which establishes the Federal Flood Risk Management Standard (FFRMS). FEMA also proposes to issue a supplementary policy (FEMA Policy: 078-3) that would further clarify how FEMA applies the FFRMS for FEMA Federally Funded Projects.
The proposed rule would amend the definition of a floodplain, incorporates approaches to establish a higher vertical elevation and expanded corresponding horizontal floodplain for FEMA Federally Funded Projects; and where possible, directs natural systems, ecosystem processes, and nature-based approaches to be used when developing alternatives to locating Federal actions in the floodplain. When FEMA Federally Funded Projects involve more than one Federal Agency, FEMA would use the Unified Federal Review (UFR) to coordinate application of the FFRMS to those projects.The UFR Process also recognizes the important role of Federal Agencies, Tribes, States, localities, and the general public in environmental and historic preservation reviews.
As proposed, the major provisions of this rule would affect new construction and substantial repair projects that FEMA funds for individuals and communities, including some of the projects that FEMA funds in the aftermath of a disaster for State, local, and Tribal governments, private nonprofits, and individuals. The restriction to new construction and substantial repair means that as proposed, the major provisions of this rule would not only affect FEMA-funded repair projects, if the cost of the damage or repair is at or above 50 percent of the market value of the structure or replacement cost of the facility. This rule would not directly affect the availability or price of flood insurance
How to review content and submit a comment:
If you submit a comment, please use Docket ID FEMA-2015-0006 for this rulemaking, indicate the specific section of this document to which each comment applies and give the reason for each comment. You may submit your comments and materials by electronic means, mail, or delivery to the address below however should be submitted by only one means.
Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal e-Rulemaking Portal at www.regulations.gov and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available via a link on the homepage of www.regulations.gov.
Comments may be submitted through October 21, 2016 by one of the following methods:
- Federal eRulemaking Portal: www.regulations.gov. Search for the notice in Docket ID FEMA-2015-0006
- Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of Chief Counsel, Federal Emergency Management Agency, 8NE-1604, 500 C Street, SW., Washington, DC 20472-3100
- Viewing comments and documents: For access to the docket to read background documents or comments received, go to the Federal e-Rulemaking Portal at //www.regulations.gov
- Background documents and submitted comments may also be inspected at the Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street, SW., 8NE, Washington, DC 20472-3100.
Mitigation Framework Leadership Group
The Mitigation Framework Leadership Group (MitFLG), which will revise the draft Implementing Guidelines based on input received, was formed in 2013 to coordinate mitigation efforts across the Federal Government and to assess the effectiveness of mitigation capabilities as they are developed and deployed across the Nation. The MitFLG includes relevant local, state, tribal, and Federal organizations. The balance of non-Federal members ensures appropriate integration of Federal efforts across the whole community.
MitFLG Members:
- Local, state, tribal, and territorial representatives.
- Federal membership includes, but is not limited to:
- Department of Agriculture
- Department of Commerce
- Department of Defense
- Department of Energy
- Environmental Protection Agency
- General Services Administration
- Department of Health and Human Services
- Department of Homeland Security
- Department of Housing and Urban Development
- Department of the Interior
- Department of Justice
- Small Business Administration
- Department of Transportation.
Documents
- Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input.
- U.S. Army Corps of Engineers, Federal Flood Risk Standard
- Applicability of Floodplain Management and FFRMS Executive Orders to USACE Permitting Authorities,
- The Applicability of Executive Order 13690/11988 to the National Flood Insurance Programs
- Draft Guidelines for Implementing Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input
- White House (CEQ) Fact Sheet
- Executive Order 13690
- Implementing a Federal Flood Risk Management Standard - Listening Session, March/April 2015
Questions may be submitted to FEMA-FFRMS@fema.dhs.gov.