Contents

• Introduction
• Primer on Flood Policy and Federal Flood-RelatedRelated Federal Activities
• Evolution of Efforts to Address Flood Risk
• Federal Flood-Related Activities
• Flood Control
• Insurance, Land Use, and Standards
• Mitigation and Nonstructural and Green Infrastructure Approaches
• Understanding Risk ThroughFlood Monitoring, Modeling, and Mapping
• Federal Assistance Programs
• Federal Emergency Management Agency
• U.S. Army Corps of Engineers
• Supplemental Appropriations
• U.S. Department of Agriculture
• Supplemental Appropriations and Program Amendments
• National Oceanic and Atmospheric Administration
• Supplemental Appropriations
Environmental Protection Agency
• Department of Housing and Urban Development
• Supplemental Appropriations
• Flood Insurance and Related Programs
• Flood Maps and State and Local Land-Use Control
• NFIP Flood Mitigation
• Flood Mitigation Assistance Grant Program
• Community Rating System
• Increased Cost of Compliance Coverage
• Resilience-Related Policy Challenges Facing the NFIP
• Repetitive Flood Losses
• Future Flood Losses
• Policy Considerations
• CRS Reports
Products

Summary

Recent flood disasters have raised congressional and public interest in not only reducing flood risks, but alsoreducing flood risks and improving flood resilience, which is the ability to adapt to, withstand, and rapidly recover from floods. In the United States, flood-related responsibilities are shared. States and local governments have significant discretion in land use and development decisions, which can be major factors in determining the vulnerability to and consequence of hurricanes, storms, extreme rainfall, and other flood events. Congress has established various federal programs that may be available to assist U.S. state, local, and territorial entities and tribes in reducing flood risks. Among the most significant federal activities to reduce communities' flood risks and improve flood resilience are

• assistance withFederal programs that assist communities in reducing their flood risk and improving their flood resilience include programs funding infrastructure projects (e.g., levees, shore protection) and other flood mitigation activities that save lives and reduce property damage; and
• (e.g., nature-based flood risk reduction) and mitigation incentives for communities that participate in the National Flood Insurance Program (NFIP).

Assistance Programs

Congress has established various federal programs to assist state, local, and territorial entities and tribes in reducing community flood risk. Each federal program has its own focus, statutory limitations, and way of operating. For example, the Hazard Mitigation Grant Program (HMGP) is triggered by a major disaster declaration pursuant to the Stafford Act, and the Pre-Disaster Mitigation (PDM) grant program becomes available as the result of a 6% set-aside from the Disaster Relief Fund after every major disaster declaration. The Federal Emergency Management Agency (FEMA) administers the HMGP and PDM. In contrast to how the HMGP and PDM are triggered, Congress uses annual appropriations and supplemental appropriations to fund other assistance programs. Eligibility for assistance through some of these programs also may be tied to disaster declarations. These assistance programs include

FEMA'sAssistance Programs

Each federal program that provides flood-related assistance has its own focus, statutory limitations, and way of operating. Some programs are triggered by certain declarations or actions and may be available only to areas or states subject to recent disasters. These programs include

• the Hazard Mitigation Grant Program (HMGP) administered by the Federal Emergency Management Agency (FEMA), which is triggered by a Stafford Act disaster declaration; and
• Community Development Block Grant−Disaster Recovery (CDBG−DR) assistance administered by the Department of Housing and Urban Development (HUD), which may be available if Congress provides supplemental appropriations.

Although subject to available appropriations, other federal assistance may be more broadly accessible when funded through annual appropriations or more targeted when also funded through supplemental appropriations. These assistance programs include

• FEMA's Pre-Disaster Mitigation (PDM) grant program and the Flood Mitigation Assistance (FMA) grant program;
• U.S. Army Corps of Engineers (USACE) flood risk reduction studies and construction projects;
• U.S. Department of Agriculture (USDA) acquisition of floodplain easements and grants for flood risk reduction projects;
• National Oceanic and Atmospheric Administration (NOAA) grants for oceans, coasts, and Great Lakes, and other coastal zone restoration and management-related opportunitiescoastal resilience, restoration, and management (including the Great Lakes);
• U.S. Environmental Protection Agency (EPA) support for state-administered loan programs and direct credit assistance for stormwater management; and
• HUD's Community Development Block Grant (CDBG) programs.

Flood Insurance

In order forDepartment of Housing and Urban Development (HUD) grants through the Community Development Block Grant (CDBG) and Community Development Block Grant−Disaster Recovery (CDBG−DR) programs.

Flood Insurance

Congress established the National Flood Insurance Program in the National Flood Insurance Act of 1968 (NFIA; 42 U.S.C. §§4001 et seq.). For federal flood insurance to be available to homeowners and business owners in a community, the NFIP requires participating communities to develop and adopt flood maps and enact minimum floodplain standards based on those flood maps. The NFIP encourages communities to adopt and enforce floodplain management regulations such as zoning codes, building codes, subdivision ordinances, and rebuilding restrictions. The NFIP also encourages communities to reduce flood risk through three programs: the FMA, Community Rating System, and Increased Cost of Compliance (ICC) coverage.

Context for Federal Activities and Policy Considerations

In the United States, flood-related responsibilities are shared. States and local governments have significant discretion in land use and development decisions that shape communities' vulnerability to floods and the consequence of floods. Since the 1960s, the federal role in responding to catastrophic and regional flooding has expanded both through the NFIP and federal disaster response and recovery efforts. Hurricane Katrina and subsequent events have generated concern aboutRecent floods and concerns about a changing climate have brought attention to the nation's and the federal government's financial exposure to flood losses and floods' economic, social, and public health impacts on individuals and communities. Members of Congress and other decisionmakers are faced with numerous policy questions, including whether federal programs and policies provide incentives or disincentives for state and local entitiesstates and communities to prepare for floods and manage their flood risks, and whether changes to how federal assistance programs and the NFIP are implemented and funded could result inimprove long-term resilience benefits.

---

flood resilience.

Introduction

Recent flood disasters have raised congressional and public interest in not only reducing flood risks, but alsoreducing flood risks and improving flood resilience, which is the ability to adapt to, withstand, and rapidly recover from floods.¹ Congress has established various federal programs that may be available to assist U.S. state, local, and territorial entities and tribes in reducing flood risks. Among the most significant current federal programs assisting communities with improvements to reduce their flood risks and improve their flood resiliencefederal programs are (1) programs that assist with infrastructure to reduce flood risks and other flood mitigation activities,¹2 and (2) programs of the National Flood Insurance Program (NFIP) that provide incentives to reduce flood risks. This report provides information about these federal programs; it is organized into the following sections:

• a primer on flood policy and federal flood-related activities;
• descriptions of selected federal assistance programs;
• an introduction to flood insurance and related programs; and
• policy considerations.

In the United States, flood-related responsibilities are shared. States and local governments have significant discretion in land use and development decisions (e.g., building codes, subdivision ordinances), which can be factors in determining the vulnerability to and consequence of hurricanes, storms, extreme rainfall, and other flood events. Flood events, particularly Hurricane Katrina in 2005 and subsequent events, in recent years and concerns about a changing climate on flood hazards have generated concern about the nation's and the federal government's financial exposure to flood losses, as well as the economic, social, and public health impacts on individuals and communitiesof floods.

Congress and other policymakers may be faced withface various policy questions related to flood policy, federal programs, and federalism, including the following:

• Do federal programs provide incentives or disincentives for state and local entities to prepare for floods and manage their flood risks?
Are federal programs providing cost-effective assistance to state and local entities to reduce flood risks, not only in areas that recently experienced floods, but also in other areas at risk of flooding?
• Could changes to how federal flood-related assistance programs or the NFIP are implemented and funded result in long-term net benefits in terms of avoided federal disaster assistance, lives lost, and economic disruption associated with floods?
• Do federal programs provide incentives or disincentives for state and local entities to prepare for floods and manage their flood risks?

?Although this report covers a broad range of federal programs that may be able to assist with reducing community flood risk and improving flood resilience, it is not comprehensive. Multiple aspects of flood policy and specialized federal programs are not addressed herein.²3 This report is largelyprovides an overview of existing federal programs with a brief description of some policy considerations as context for these programs and the nation's flood challenge.

Primer on Flood Policy and Federal Flood-RelatedRelated Federal Activities

Evolution of Efforts to Address Flood Risk

Over the decades, U.S. flood policy has evolved from trying to control floodwaters to more comprehensive management ofmanaging flood risks. Early efforts focused on flood control and flood damage reduction using engineered structures such as dams and levees. In the late 20^th century, the approach shifted to flood risk reduction and mitigation, which expanded the measures employed to include buyouts, easements,³4 elevation of structures, evacuation, and other life-saving and damage-reducing actions. More recently, the concept of flood resilience has become more prominent.⁴5 This evolution in part derives from efforts to address the different components that contribute tomanage not only floodwaters but also flood risk. Risks associated with floods and other natural disasters often are expressed as a probabilistic function of

• characterized as a combination of the following elements:a hazard, which is the local threat of an event (e.g., probability of a particular community experiencing a storm surge of a specific height);
• vulnerability, which is the pathway that allows a hazard to cause consequences (e.g., level of protection and performance of shore-protection measures); and
• consequences of an event (e.g., loss of life, property damage, economic loss, environmental damage, and social disruption).

For managing flood risks, some stakeholders promote policies to reduce the hazard (e.g., climate change mitigation to reduce sea level rise⁵). Some).⁶ Other stakeholders are more interested in reducing vulnerability. These stakeholders may support construction of levees, dams, and shore-protection measures; they also may support protection of natural features that provide flood management benefits, like coastal wetlands and, natural dunes, and undeveloped floodplains. Some stakeholders support policies to reduce consequences through measures such as development restrictions, building codes, floodproofing of structures, buyouts of vulnerable properties, and improved evacuation routes. Efforts to improve flood resilience often combine tryingmeasures to reduce consequences, vulnerabilities, and, in some cases, hazards.

Federal Flood-Related Activities

Flood Control

Although U.S. local, state, and territorial entities and tribes maintain significant flood management responsibilities, since the early 1900s, the federal role has expanded over the decades in response to catastrophic and regional flood events. Some of the earliest federal involvement was construction of specific flood control works after significant flood disastersgovernment has constructed many dams, levees, and other water resource projects to reduce riverine flood damages. The federal role has expanded over the decades, often in response to catastrophic and regional flood events. Examples include construction by the U.S. Army Corps of Engineers (USACE) of levees and floodways as part of the Mississippi River and Tributaries (MR&T) project, which Congress authorized in 1928,⁶7 and drainage structures of the Central and Southern Florida project in and around the Florida Everglades, which Congress authorized in 1948. Since the early 1900s, the federal government has constructed many dams, levees, and other water resource projects to reduce riverine flood damages. Starting in the mid-1950s, the federal government also has participated in many cost-shared coastal flood risk reduction projects consisting of engineered coastal dunes and beaches, floodwalls, storm surge barriers, and levees.⁷8 Nonfederal entities (e.g., municipalities, irrigation districts, county flood control entities) also make their own investments in flood control infrastructure.⁸ Although local governments often preferred structural measures to control flooding (and for their other benefits like recreation at engineered beaches), some stakeholders and groups opposedoften share in the cost of these flood control projects. Nonfederal entities also may make their own investments in flood control infrastructure and take other actions to reduce flood risk.⁹ Some stakeholders support using flood control structures to manage flood waters; others oppose these measures because of concerns about their environmental impacts. Other interests raisedraise concerns that flood control structures may encourage development in flood-prone areas, (e.g., development behind levees or engineered dunes) and that the residual risks behind levees and shore protections and downriver from dams weremay be underappreciated.

USACE is the principal federal agency engaged in construction of flood control measures (e.g., levees and engineered coastal dunes).⁹ When appropriations are available, the10 The Natural Resources Conservation Service (NRCS) of the U.S. Department of Agriculture (USDA) has acquired floodplain easements and supported construction of small levees and dams in rural areas. Some flood control infrastructure owned by local and state entities also has received support from hazard mitigation assistance programs administered by the Federal Emergency Management Agency (FEMA) and the Community Development Block Grant (CDBG) programs of the Department of Housing and Urban Development (HUD).

Insurance, Land Use, and Standards

In 1968, Congress shifted the federal role in managing flood risks by entering the flood insurance market after private firms had largely abandoned offering flood insurance. Congress established the NFIPNational Flood Insurance Program in the National Flood Insurance Act of 1968 (NFIA; 42 U.S.C. §§4001 et seq.). The new program, after private firms had largely abandoned offering flood insurance.¹¹ When Congress established the NFIP, it found that "many factors have made it uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions."¹² The NFIP aimed to alter development in flood-prone areas identified as the 100-year floodplain; this floodplain also is referred to as the 1% annual-chance floodplain, or the floodplain for the Base Flood Elevation (BFE) for purposes of the NFIP.¹⁰13 The NFIP's multipronged regulatory system consists of community flood risk assessment and mapping, purchase requirements for flood insurance for certain residential and commercial structures, and the adoption of minimum local requirements for land use and building codes for vulnerable areas. The NFIP allows for residential and commercial construction in known floodplains, with the proviso that construction must follow building-code regulations that reduce future flood damage and prevent new development from increasing flood risk.

Although the federal government through theThe NFIP requires that participating communities adopt minimum land-use and building-code regulations, but local and state governments maintain the dominant role in adopting building codes (and local governments in their enforcement), including those related to flood risk. A broader federal role in land use and building codes was discussed in Congress in the late 1960s. It largely was not adopted, with a few exceptions for coastal land use (as discussed in the text box titled "Land Use and Federal Statutes Related to Coastal Management").

In 1977, President Carter signed Executive Order (E.O.) 11988 (Floodplain Management), which requires that federal actions are to avoid supporting development in the 100-year floodplain if alternatives are available. Also, federal agencies responsible for real property are to design and construct structures and facilities consistent with NFIP regulations. In 2015, President Obama signed E.O. 13690;, which, among other things, the order established a Federal Flood Risk Management Standard (FFRMS) for federally funded projects, which that required a higher level of flood resilience than E.O. 11988.¹¹14 On August 15, 2017, President Trump signed E.O. 13807 in an effort to streamline federal infrastructure approval. Among other actions, E.O. 13807 revoked E.O. 13690. By revoking E.O. 13690, E.O. 13807 appears to have eliminated the FFRMS and returned federal floodplain policy to the original text of E.O. 11988.

In addition to complying with the federal agency guidance for E.O. 11988, federal agencies and departments may adopt policies consistent with their authorities that address flood control works and flood risk and resilience for their programs and activities (e.g., establishing elevation requirements for program-funded structures, defining flood mitigation and flood control projects eligible for authorized programs).

Mitigation and Nonstructural and Green Infrastructure Approaches

After extensive flooding in the Midwest in 1993, federal programs were created or adjusted to support a widerCongress allowed federal agencies to assist with a wide array of activities to reduce damage and prevent loss of life, such as moving flood-prone structures and developing evacuation plans. Nonstructural mitigation is now regularly used as part of flood management for new development and during repairs of damaged property and communities. Natural flood resilience can be reduced by development that degrades wetlands and ecosystems (e.g., mangroves) and increases impervious surfaces, which reduce rainfall infiltration and increase runoff. Some local, state, and federal agencies and programs allow or support approaches that mimic nature or are "nature-based" (e.g., placement of oyster beds along coastlines to reduce erosion),¹⁵ especially if there are multiple benefits (e.g.,, such as erosion reduction, improved fish habitat, and water quality benefits from oyster beds).

Natural flood resilience can be reduced by development that degrades wetlands and ecosystems (e.g., mangroves, coral, and oyster reefs) and increases impervious surface in the watershed (e.g., reducing rainfall infiltration into absorbent prairie ecosystems). Department of the Interior agencies (e.g., U.S. Fish and Wildlife Service, National Park Service). Department of the Interior agencies, NOAA, USACE, and the U.S. Environmental Protection Agency (EPA) are involved in ecosystem restoration and protection activities, as well as permitting and planning activities, which may restore or protect these natural features and their flood risk reduction benefits.

Runoff from rainfall in urban areas is often referred to as stormwater. For decades local governments and public works officials constructed stormwater infrastructure to move rainwater rapidly away from developed areas. This was done largely through grey infrastructure using pipes, gutters, ditches, and storm sewers. Although these systems were able to collect and move water away, the stormwater discharged from these systems to surface waters often contained pollutants. In recent years, local governments and public works officials have both increasingly expressed interest in and adopted green infrastructure for stormwater as a way to manage rainfall to reduce flood losses and to prevent pollution. For stormwater, green infrastructure often consists of using or mimicking natural processes to infiltrate, encourage evapotranspiration, or reuse stormwater runoff on-site where it is generated;¹² this helps.¹⁶ These techniques can help to reduce or delay runoff that contributes to high water levels in streams and rivers, as well as manage the pollutants entering surface water. Other communities and water users are looking to use green infrastructure to recharge groundwater with urban stormwater and other types of floodwater.

Until recently, the major federal role in stormwater had been EPA regulations to reduce pollution from stormwater runoff pursuant to objectives and requirements in the Clean Water Act.¹³17 That is, the federal government, if it participated financially in stormwater management, focused on the pollution prevention aspects. As a result of legislative and administrative changes by EPA and states administering the Clean Water State Revolving Fund (CWSRF), activities that "manage, reduce, treat, or recapture stormwater" are now eligible for financial support.¹⁴18 Such activities may have flood mitigation as well as pollution prevention benefits.

Figure 2 illustrates thea suite of flood resilience and risk reduction improvements, including both structural and nonstructural measures, for coastal communities and states. A similar suite of options ismay be available for communities along rivers. A flood risk management response may incorporate multiple types of improvements. For example, Figure 3 illustrates how levees can be set back from a river to allow for a larger floodplain and how other structural and nonstructural components can be combined to create a more comprehensive flood risk management system (e.g., a hybrid of grey and green infrastructure).

Figure 2. SelectedExamples of Coastal Flood Resilience and Risk Reduction Improvements

Source: U.S. Army Corps of Engineers, North Atlantic Coast Comprehensive Study: Resilience Adaptation to Increasing Risk, January 2015, p. 7, http://www.nad.usace.army.mil/Portals/40/docs/NACCS/NACCS_main_report.pdf. Note: Other options to reduce risk also are available, including other forms of zoning and building codes (e.g., floodproofing of lower floors of structures). NNBF = natural and nature-based features.

Figure 3. Illustration of Flood Risk Reduction Measures

Source: Congressional Research Service.

Understanding Risk ThroughFlood Monitoring, Modeling, and Mapping

The federal government is involved in monitoring and modeling flood risk along with nonfederal and private entities. Federal entities engaged in understanding flood hazards, including flood inundation mapping, and mapping inundation include FEMA, DOI's U.S. Geological Survey (USGS), NOAA, and USACE. For example, federal agencies survey coastlines and conduct research to understand coastal processes, hazards, and resources and report on weather-related hazards, including hurricane storm surge warnings.¹⁵ Also, the19 The National Science Foundation also supports research on related topics. Advancements in technologies have assisted in betterimproved understanding weather andof weather, climate, hydrology and hydraulics, and also mapping. Although, and hydraulics. Of the many types of data are neededused to estimate flood risk and produce flood maps, elevation data are fundamental to constructing accurateproducing refined estimates and maps. Federal agencies along with state, local, and private entities have been using advancedremote sensing and other technologies to collect better elevation data more accurately and precisely for a wide variety of applications, including for maps that can then be used to model and managerelated to flood risk.¹⁶

20

Federal Assistance Programs

Congress has created various federal programs that may be able to assist state, local, territorial, and tribal entities with flood risk reduction and flood resilience improvements for communities. Table 1 summarizes some of these federal programs.¹⁷21 Each program shown in Table 1 was created for a specific purpose and has statutory limitations. For example, some programs are triggered only after certain declarations or actionsdisaster declarations; others are part of regular agency operations. Discussions later in this report provide more information on each of the programs listed in Table 1. Although the subsequent discussions examine geographic eligibility generally, some programs may not be eligible in certain areas designated under the Coastal Barrier Resources Act (P.L. 97-348). .

Table 1 provides information on regular funding for FY2018FY2019 (i.e., annual discretionary appropriations for some programs) and supplemental appropriations provided in FY2017 and FY2018FY2019 and FY2020. Additional information is provided in the more detailed discussions about each program, including for most programs in the Trump Administration's budget request for FY2019.

program-level discussions. Table 1 reflects the supplemental appropriations enacted during FY2019 and for FY2020 as of mid-November 2019. Each supplemental legislation act often establishes specific conditions, requirements, or uses for funds provided therein. Act-specific criteria and detailed information is not shown in the table but is discussed in the agency- and program-specific discussions of this report.

The first set of assistance programs shown in Table 1 are those that provide assistance targeted specifically at flood-related improvements. The second set addresses not only flood but also other hazard mitigation and resilience activities. The third set includes broader programs that include flood-risk reduction, resilience, or stormwater activities among multiple eligible activities.

In some instances, a state may carry out some activities supported by the programs shown in Table 1 in a coordinated manner. Each state has a State Hazard Mitigation Officer who helps to compile a state mitigation plan, administers certain mitigation funding, and generally has knowledge of the state's existing mitigation resources and its history of programs and funding awards in this area. Also, a few federal programs allow for funds provided through them to be used to satisfy the nonfederal cost-sharing requirement for another federal program (e.g., see entry for CDBG in Table 12).

The below sections and accompanying tables discussdescriptions of the programs shown in Table 1 discussions of the programs are grouped by the federal agency or department administering them. The order followed is FEMA, USACE, USDA, NOAA, EPA, and HUD.

Table 1. Selected Federal Programs That Support Flood Resilience and Risk Reduction Improvements

Federal Emergency Management Agency¹⁸

22

FEMA administers three mitigation grant programs that relate to flood resilience and risk reduction:

• Pre-Disaster Mitigation (PDM) grant program;
• Hazard Mitigation Grant Program (HMGP); and
• Flood Mitigation Assistance (FMA) program.¹⁹

23 Through FY2019, the PDM program made awards on an annual basis to states through a competitive process. In FY2020, a new procedure for pre-disaster mitigation funds is expected. HMGP assistance is triggered by a major disaster declaration by the President under the authorities of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), whereas the PDM program makes awards on an annual basis to states and, in recent years, through a competitive process. The FMA awards also are made on an annual basis and are traditionally funded through the insurance premiums of NFIP policyholders. Collectively, FEMA refers to these programs as its Hazard Mitigation Assistance Grant Programs.²⁰24 Table 2, Table 3, and Table 4 include information on PDM, HMGP, and FMA, respectively. FMA is also discussed later in this report in "NFIP Flood Mitigation."

None of these programs directly received recent supplemental appropriations in FY2017 or in FY2018 (as of mid-July 2018). However, the HMGP is one of the programs, FY2018, or FY2019 (as of November 2019). However, HMGP and PDM are funded through the Disaster Relief Fund (DRF), which did receive multiple supplemental appropriations.²¹

25

The Disaster Recovery Reform Act of 2018 (DRRA 2018) changed funding for pre-disaster mitigation.²⁶ DRRA 2018 authorized a new source of funding for pre-disaster mitigation, to be called the National Public Infrastructure Pre-Disaster Mitigation Fund (NPIPDM). For each major disaster declaration, the President may set aside from the DRF an amount equal to 6% of the estimated aggregate amount of the grants to be made pursuant to the following sections of the Stafford Act:

• 403 (essential assistance),
• 406 (repair, restoration, and replacement of damaged facilities),
• 407 (debris removal),
• 408 (federal assistance to individuals and households),
• 410 (unemployment assistance),
• 416 (crisis counseling assistance and training), and
• 428 (public assistance program alternative program procedures).

The funds from this 6% set-aside are to go to the new NPIPDM. FEMA anticipates that the NFIPDM will receive $300-$500 million per year on average.²⁷ As of September 30, 2019, there was $383 million in the NFIPDM.²⁸ There is potential for significantly increased funding for pre-disaster mitigation following a year with many high-cost disasters, but funds set aside also could be less in a year with few disasters. However, based on the recent funding trends of the DRF, FEMA assumes that a rare circumstance in which there is no set-aside would be rare.²⁹

DRRA 2018's changes to pre-disaster mitigation funding may increase the focus on funding public infrastructure projects that improve community resilience before a disaster occurs. FEMA has the discretion to shape the new pre-disaster mitigation approach and has announced plans to replace the PDM program with a new program called Building Resilient Infrastructure and Communities (BRIC).³⁰ The agency has not released details and it is not yet clear how FEMA will implement BRIC, but FEMA anticipates posting the first BRIC Notice of Funding Opportunity in August 2020, with October 2020 as the target date for the first application period to open.³¹ FEMA expects BRIC to be funded entirely by the 6% set-aside; however, nothing prohibits Congress from appropriating additional funds for the program.

Funding from the NPIPDM may be used to provide technical and financial mitigation assistance pursuant to each major disaster. An additional clause in DRRA 2018 related to building codes provides that NPIPDM funds may be used "to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act."³²

Other provisions in Section 1234 of DRRA 2018 establish that pre-disaster mitigation funds (authorized under Stafford Act Section 203) would be provided only to states that had received a major disaster declaration in the past seven years,³³ or any Indian tribal governments located partially or entirely within the boundaries of such states.³⁴ Other provisions would expand the criteria to be considered in awarding mitigation funds, including the extent to which the applicants have adopted hazard-resistant building codes and design standards and the extent to which the funding would increase resiliency.

The FY2019 PDM program was the last PDM cycle before the rollout of the new BRIC Program. Congress made available $250 million for PDM in FY2019.³⁵ FEMA has made these funds available in a manner similar to that of previous years. In FY2019, each state, territory, and federally recognized tribe is eligible to receive an allocation of up to $575,000. Of the total appropriation, $20 million is to be set aside for federally recognized Native American tribal applicants, with the balance of the FY2019 funds distributed on a competitive basis.³⁶

U.S. Army Corps of Engineers²²

USACE is the primary federal agency involved in construction projects to provide flood damage reduction; it conducts this work through both project-specific and programmatic authorities.²³ Typically, most of this work requires that the 182169. Dams and Flood Risk Primer and FEMA's High Hazard Dam Rehabilitation Grant Program

Most dams in the United States are owned by private entities, state or local governments, or public utilities. Dams may provide flood risk reduction as a primary purpose or as an associated benefit. Dams and associated structures also may pose a potential safety threat to populations living downstream and populations surrounding associated reservoirs. As dams age, they can deteriorate. The risks of dam deterioration may be amplified by lack of maintenance, misoperation, development in surrounding areas, natural hazards (e.g., weather and seismic activity), and security threats. Some dams, including older dams, may not meet current dam safety standards and may be at risk of failure, including from floods that may exceed the dams' design capacity. Structural failure of dams may threaten public safety, local and regional economies, and the environment, as well as cause the loss of services provided by a dam. As dams age and the population density near many dams increases, attention has turned to mitigating dam failure through dam inspection programs, rehabilitation, and repair, in addition to preventing and preparing for emergencies. According to a 2019 study by the Association of State Dam Safety Officials, the total cost to rehabilitate the nonfederal dams in the National Inventory of Dams would be approximately $19 billion.

In 2016, the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322) authorized the Federal Emergency Management Agency (FEMA) to administer a High Hazard Dam Rehabilitation Grant Program to provide funding assistance for the repair, removal, or rehabilitation of certain nonfederal dams. Nonfederal sponsors (such as state governments or nonprofit organizations) may submit applications to FEMA on behalf of eligible dams and then may distribute any grant funding received from FEMA to these dams. Among other requirements, eligible dams must be in a state with a dam safety program, be classified as high hazard (i.e., failure may result in the loss of at least one life), have developed a state-approved emergency action plan, fail to meet the state's minimum dam safety standards, and pose an unacceptable risk. The WIIN Act authorized appropriations for the program through FY2026 and limited individual grants to nonfederal sponsors to the lesser of $7.5 million or 12.5% of total program funds for the year. For FY2019, Congress appropriated $10 million for the program (which was the first funding the program received). FEMA awarded grants to 26 nonfederal sponsors ranging from $153,000 to $1.25 million for technical, planning, design, and construction assistance for rehabilitation of eligible high hazard potential dams. Federal grant assistance must be accompanied by a nonfederal cost share of no less than 35%. For more information on dam safety and related federal programs and assistance, see CRS Report R45981, Dam Safety Overview and the Federal Role, by Anna E. Normand.

U.S. Army Corps of Engineers³⁷ USACE is the primary federal agency involved in construction projects to provide flood damage reduction. It conducts this work through both project-specific and programmatic authorities.³⁸ Typically, most of this work requires that the study and construction costs be shared with a nonfederal sponsor, such as a municipality or levee district. Generally, federal involvement is limited to projects that are determined to have national benefits exceeding their costs, or that address a public safety concern.²⁴39 The rate of annual federal discretionary appropriations for USACE projects has not kept pace with the rate of authorization for these projects; therefore, there is competition for annual USACE construction funds. Table 5 and Table 6 include information on USACE flood risk reduction projects and programs. Table 5 provides information on projects that require Congress to specifically authorize their study and construction in legislation. For projects of a limited size and scope, Congress has provided USACE with programmatic authorities to participate in planning and construction of some projects without project-specific congressional authorization; these authorities are known as continuing authorities programs (CAPs). Table 6 provides information on four flood-related CAPs. CAPs are known by the section of the law in which they were authorized. The four flood-related CAPs discussed are the following:

• Section 205 CAP to reduce flood damages,
• the Section 103 CAP to reduce beach erosion and hurricane storm damage,
• the Section 14 CAP to protect public works and nonprofit services affected by streambank and shoreline erosion, and
• the Section 111 CAP to mitigate shore damage from federal navigation projects.

For more information on the CAP authorities, see CRS In Focus IF11106, Army Corps of Engineers: Continuing Authorities Programs, by Anna E. Normand. For more information on the process for project-specific congressional study and construction authorizations, see CRS Report R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes, by Nicole T. Carter and Anna E. Normand.

Figure 4 illustrates how a USACE project may place sand to reduce flood risk by widening the beach and raising the height of the dune; Figure 5 illustrates thea shoreline before and after the USACE project.

Figure 4. Example of a Beach Engineered to Reduce Flood Damages (Long Beach Island, NJ)

Source: U.S. Army Corps of Engineers, 2013.

USACE also is authorized to fund the repair of certain nonfederal flood control works (e.g., levees, dams) and federally constructed hurricane or shore protection projects that are damaged by other than ordinary water, wind, or wave action (e.g., storm surge, rather than high tide). To be eligible for this assistance, damaged flood control works must be eligible for and active in the agency's Rehabilitation and Inspection Program (RIP) and have been in an acceptable condition at the time of damage, according to regular inspections by USACE. RIP has 1,100 active nonfederal flood risk management systems participating. TheCongress funds RIP activities and the agency's flood-fighting efforts through the agency's Flood Control and Coastal Emergencies account. The RIP program does not fund repairs associated with regular operations and maintenanceoperation, maintenance, repair, and rehabilitation. For more information on RIP repair assistance, see the relevant sections of CRS Report R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes, by [author name scrubbed].

Nicole T. Carter and Anna E. Normand.

Figure 5. Example of Beach Engineered to Reduce Flood Damages (Ocean City, NJ, before and after engineered beach project)

Source: U.S. Army Corps of Engineers, 2012 and 2013.

Supplemental Appropriations

In P.L. 115-123, Congress provided $135 million to USACE's Investigations account for studies and $15.055 billion to the agency's Construction account for construction projects; this funding represented 87% of the $17.398 billion in supplemental appropriations provided by the bill to USACE.²⁵ Of the monies in the Construction account, Congress provided that $15.000 billion was to be used for the following:²⁶

• $10.425 billion was designated for expedited construction of flood and storm damage reduction projects in states and territories affected by Hurricanes Harvey, Irma, and Maria.
• $4.575 billion was to be used for USACE flood and storm damage reduction construction activities in any state or territory with more than one flood-related major disaster declaration in calendar year (CY) 2014, CY2015, CY2016, or CY2017, and $50 million of this amount was set aside for CAP projects that reduce the risk of flooding and storm damage.

As of July 5, 2018, USACE had assigned to specific USACE projects most of the funds provided for construction and studies; of the $15.000 billion, $1.131 billion in construction funds and $23 million for studies remained unassigned.²⁷

USACE projects in five states (FL, GA, LA, SC, and TX) and two territories (USVI and PR) are eligible for both the $10.425 billion and the $4.575 billion, as shown in Figure 6. A total of 33 states and 3 territories meet the criterion of one flood-related major disaster declaration in CY2014, CY2015, CY2016, or CY2017, as shown in Figure 6; that is, $4.575 billion in P.L. 115-123 funds are available for use on USACE construction projects in these 33 states and 3 territories.

Of the $135 million for the Investigation account, P.L. 115-123 required that $75 million was to be available for states and territories affected by Hurricanes Harvey, Irma, and Maria; the statute also stated that the remainder (i.e., $60 million) was to be available for "high-priority studies of projects" in any state or territory with more than one flood-related major disaster declaration in CY2014, CY2015, CY2016, or CY2017.

P.L. 116-20, Additional Supplemental Appropriations for Disaster Relief Act, 2019, was signed by the President on June 6, 2019. Through this legislation, Congress provided $3.258 billion in supplemental appropriations to the following USACE civil works accounts:

• $35 million for Investigations account available to USACE studies in states affected by Hurricanes Florence and Michael and insular areas that were affected by Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita;
• $740 million for Construction account available to projects in states affected by Hurricanes Florence and Michael and insular areas that were affected by Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita;⁴⁰ and
• $1.0 billion for Flood Control and Coastal Emergencies (FCCE) account (primarily for flood fighting and RIP-related costs).⁴¹

USACE determines which states and insular areas are eligible for funding for the Investigations account and Construction account funds. FEMA disaster declaration data indicate that North Carolina, South Carolina, Virginia, Florida, Georgia, and Alabama may be eligible for funding based on impacts from Hurricanes Florence and Michael.⁴² Collectively, Typhoon Mangkhut, Super Typhoon Yutu, and Tropical Storm Gita appear to have affected the insular areas of American Samoa, Northern Mariana Islands, and Guam. Unlike the geographic limitations established by Congress for the Investigation and Construction account funds, the funds in the FCCE do not have geographic limitations.

Figure 6. States and Insular Areas That Satisfy Criteria for Certain USACE Funding in P.L. 115-123

Source: Congressional Research Service using data provided by USACE.

U.S. Department of Agriculture²⁸

As at the USACE, USDA's role in flood control and risk reduction was established by Congress decades ago.²⁹44 The general difference between the two agencies is the size, scope, location, and authorization of projects. USDA's Natural Resources Conservation Service (NRCS) administers two programs that provide flood damage reduction—the Watershed and Flood Prevention Operations (WFPO) program and the floodplain easement program of the Emergency Watershed Protection (EWP) program.³⁰45 These programs provide assistance to states, tribes, and local organizations; projects generally originate at the local level and do not require congressional approval. Annual appropriations vary greatly from year to year, resulting in a number of authorized but unfunded projects. Table 7 and Table 8 include information on USDA flood risk reduction and mitigation programs. Figure 76 provides an example of a EWP floodplain easement and Figure 87 provides an example of a WFPO project.

Figure 76. Example of a EWP Floodplain Easement (flooded field covered by easement near the Red River east of Bowesmont, ND)

Source: Natural Resources Conservation Service, May 1, 2013.

Figure 87. Example of a WFPO Project (Snake River diversion structure at Warren, MN)

Source: Natural Resources Conservation Service, May 1, 2013. Note: The diversion structure is one component of a larger WFPO project to address flooding. Other components (not pictured) include a four-mile floodway, 550-acre impoundment, and wetlands mitigation.

Supplemental Appropriations and Program Amendments

P.L. 115-123116-20 authorized supplemental appropriations for crop and livestock losses from the 2017 hurricane season and wildfireshurricanes, floods, tornadoes, typhoons, volcanic activity, snowstorms, wildfires, and other natural disasters in CY2018 and CY2019. The act also provided additional funding for the EWP program for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria, forMichael and Florence and wildfires occurring in CY2017, and forCY2018, tornadoes and floods occurring in CY2019, and other natural disasters. The EWP funding is to remain available until expended and, as with most EWP funding, no disaster declaration is required.

The FY2018 Consolidated Appropriations Act (P.L. 115-141, Division A, §761) included statutory amendments to the WFPO program that increased the project cost threshold required for congressional approval. Under the amended language, the Senate and House Agriculture Committees must approve projects that need an estimated federal contribution of more than $25 million for construction, an increase from the previous $5 million threshold. ThisAgriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334) made few amendments to the WFPO program, most substantially being the authorization of permanent mandatory funding of $50 million annually.⁴⁶ Historically, the program has received only discretionary funding through the annual appropriations process. Additionally, this program historically has been called the small watershed program, because no project may exceed 250,000 acres and no structure may exceed more than 12,500 acre-feet of floodwater detention capacity or 25,000 acre-feet of total capacity. Although these limitations were not statutorily changed, the FY2018FY2019 appropriation temporarily waives the 250,000 -acre limitation for all authorized activities in FY2018 where the primary purpose is not flood prevention.

National Oceanic and Atmospheric Administration³¹

47

NOAA conductssupports a broad variety of activities that support coastal resilience, including scientific research, data collection and monitoring, planning, habitat conservation and restoration, outreach and education, coastal and ocean management, and other activities pursuant to the Coastal Zone Management Act of 1972, as amended (CZMA; P.L. 92-583, 16 U.S.C. §§1451-1466).³²48 Most of NOAA's efforts focus on management, planning, and technical and financial assistance; some of these programs lead to improved coastal flood resilience. NOAA coastal flood-related activities include its coastal and waterfrontCoastal and Waterfront Smart Growth program, Habitat Blueprint living shorelines program, andDigital Coast resources, and projects supported by various state Sea Grant programs,³³49 among others. For more on NOAA's CZMA activities, see the earlier text box titled "Land-Use Planning and Federal Statutes Related to Coastal Management."

NOAA also supports flood resilience activities by providing funding to the National Fish and Wildlife Foundation's (NFWF's) coastal resilience assessment projects.³⁴programs.⁵⁰ NFWF, with support from NOAA and USACE, has, USACE and several nonfederal organizations, conducted U.S. coastline resilience analyses including community exposure index mapping and mapping of resilience hubs (which are areas where natural resource restoration would have the greatest impact for human community resilience while benefitting critical fish and wildlife habitat).³⁵ In FY2017, Congress appropriated funding to the NOAA Regional Coastal Resilience Grant program, within NOAA's Coastal Management Grants budget line, which supported activities for strengthening coastal communities and habitat restoration.³⁶ In FY2018, Congress shifted funding for this program to the National Oceans and Coastal Security Fund, also known as the Title IX Fund.³⁷to identify "specific areas with the greatest potential to provide protection to human communities while also restoring or improving habitat for fish and wildlife."⁵¹ In FY2018, Congress shifted funding from NOAA's Regional Coastal Resilience Grant program to the National Oceans and Coastal Security Fund, also known as the Title IX Fund (P.L. 114-113;16 U.S.C. §§7501-7507).⁵² According to P.L. 114-113, the Title IX Fund was established to "better understand and utilize ocean and coastal resources and coastal infrastructure, including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies." Although NOAA retains oversight of the Title IX Fund, the administrative responsibility has transferred to NFWF.⁵³ NOAA and NFWF use Title IX funds and its previous coastal resilience assessments to support the goals of the National Coastal Resilience Fund: (1) reduce the impact of coastal flooding and associated threats to property and key assets, (2) improve water quality and recreational opportunities, and (3) enhance the ecological integrity and functionality of coastal and inland ecosystems.⁵⁴ In FY2019, the National Coastal Resilience Fund awarded funding to nonfederal entities for three types of projects: Project Preliminary Design and Site Assessment, Project Final Design and Permitting, and Project Restoration and Monitoring.⁵⁵ Table 9 includes information about the National Coastal Resilience Fund. In FY2018, NOAA and NFWF funded 35 National Coastal Resilience Fund projects.⁵⁶ For example, one project restored sand dunes along the north and west coast of Puerto Rico. The project used various sand-trapping devices, exclusion fences, and wooden boardwalks to promote the accumulation of sand and increase vegetation cover, as shown in Figure 7. Supplemental Appropriations

Congress appropriated supplementary funds to the Title IX Fund in FY2019 (P.L. 116-20). NOAA and NFWF used the funds to establish the Emergency Coastal Resilience Fund in support of projects to increase the resilience of coastal communities affected by Hurricanes Florence and Michael, Typhoon Yutu, and wildfires in 2018.⁵⁷ Projects are expected to (1) reduce the impacts of coastal storm surge, sea-level rise, wave velocity, flooding, debris flow, stormwater runoff, and other natural hazards on coastal communities and (2) strengthen the ecological integrity and functionality of coastal ecosystems.⁵⁸

Table 9. NOAA: National Coastal Resilience Fund and Emergency Coastal Resilience Fund

Under the Title IX Fund statutory language, NOAA and NFWF have established the National Coastal Resilience Fund to advance restoration and strengthening of natural coastal systems to (1) protect coastal communities, (2) enable rapid community recovery, and (3) enhance important fish and wildlife habitats. The National Coastal Resilience Fund will award funding to two types of projects: Project Planning and Design, and Project Implementation.³⁸

An example of a project conducted through the NOAA Regional Coastal Resilience Grant program is shown in Figure 9. NOAA and NFWF's National Coastal Resilience Fund may support similar projects. In this case, NOAA provided financial assistance for a collaborative effort to monitor, evaluate, and provide recommendations for the design and placement of nature-based shoreline protection. The project was monitored to document if concrete "reef balls" could protect restored marshes and reduce erosion from wave energy at the nearby shoreline.

NOAA did not receive supplemental appropriations in FY2017. NOAA did receive supplemental appropriations in FY2018 through P.L. 115-123; however, the additional amount was not allocated to implement coastal flood risk reduction measures.

Figure 9. Example of a NOAA-Assisted Coastal Resilience Grant Project (reef balls at Stafford Point, CT)

Source: Jennifer Mattei, Sacred Heart University (with permission), https://circa.uconn.edu/projects/stratford-point-living-shoreline/. Note: The concrete "reef balls" are intended to reduce erosion from wave energy at the nearby shoreline. The project concluded in FY2017.

Environmental Protection Agency³⁹

from U.S. Congress, House Committee of Conference, Conference Report to accompany H.J. Res. 31, committee print, 116^th Cong., 1^st sess., February 13, 2019, H. Rept. 116-9; P.L. 116-20; NFWF, "National Coastal Resilience Fund 2019 Request for Proposals," at https://www.nfwf.org/coastalresilience/Pages/2019rfp.aspx; NFWF, "Emergency Coastal Resilience Fund 2019 Request for Proposals," at https://www.nfwf.org/coastalresilience/emergency/Pages/ecrf-2019rfp.aspx.

Notes: NFWF = National Fish and Wildlife Foundation; NOAA = National Oceanic and Atmospheric Administration.

a. There is no minimum or maximum limit on the size of the 2019 National Coastal Resilience Fund grants. NFWF, National Coastal Resilience Fund 2019 Request for Proposals, at https://www.nfwf.org/coastalresilience/Documents/2019rfp.pdf.

Figure 8. Example of a NOAA-Supported National Coastal Resilience Fund Project

(Teodoro Beach, Isabela, Puerto Rico)

Source: U.S. Fish and Wildlife Service, "Strengthening the Resilience of the North Coast of Puerto Rico to Extreme Weather and Climate Change Through Sand Dune Restoration," at https://www.fws.gov/southeast/caribbean/coastal-program/#strengthening-the-resilience-of-the-north-coast-of-puerto-rico-to-extreme-weather-and-climate-change-through-sand-dune-restoration-section. Photos taken by Vida Marina and used with permission.

Note: The images above show researchers taking wind measurements during installation of the sand-trapping devices (left) and the project site two months later (right). According to Dr. Robert J. Mayer, lead investigator on the project, the project has been funded by the National Coastal Resilience Fund and the Puerto Rico Department of Natural and Environmental Resources. Personal communication, November 25, 2019.

Environmental Protection Agency⁵⁹

EPA's principal role in stormwater management is regulatory, consisting primarily of a discharge permit program. Although the EPA's financial role in flood risk reduction historically has been very limited, it has expanded in recent years, with attention to how green infrastructure approaches to stormwater management can improve water quality. EPA may provide support for stormwater projects that contribute to pollution prevention through reduction of contaminants and erosion, including by managing runoff.

To date, the primary avenue for this EPA assistance has been through the clean water State Revolving Fund (SRF) program (Table 10).⁴⁰60 Each state implements its own SRF program, which is allowed to support a range of projects and activities; this results in variations in program implementation from state to state. Historically, the vast majority of the projects supported by the SRF have been wastewater infrastructure activities, some of which may have involved stormwater infrastructure. Pursuant to changes made in 2014 (P.L. 113-121), stormwater management became one of multiple eligible categories of activities for SRF loans and other assistance. However, the selection of SRF projects for assistance remains prioritized on meeting the pollution-prevention objectives of the Clean Water Act.⁴¹61

EPA's Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) program also may provide a source of financial assistance for water infrastructure, which may include stormwater-related activities. As described in Table 11, P.L. 113-121 (Title V, Subtitle C) established the WIFIA program; it authorized EPA to provide credit assistance (e.g., secured/direct loans or loan guarantees) for a range of wastewater and drinking water projects.⁴²62 In general, project costs must be $20 million or larger to be eligible for WIFIA credit assistance, and WIFIA loan assistance is generally limited to 49% of eligible costs.⁴³63 EPA issued its first WIFIA loan in 2018.⁴⁴64 For purposes of WIFIA, green infrastructure includes the following:

a wide array of practices at multiple scales that manage wet weather and that maintains and restores natural hydrology by infiltrating, evapotranspiring and harvesting and using stormwater. On a regional scale, green infrastructure is the preservation and restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such as infill and redevelopment that reduce overall imperviousness in a watershed. On the local scale, green infrastructure consists of site- and neighborhood-specific practices, such as bioretention, trees, green roofs, permeable pavements and cisterns.⁴⁵65

Department of Housing and Urban Development⁴⁶

Other federal departments and agencies may provide support for flood resilience and risk reduction through broad programs. Primary examples of this are certain HUD-administered programs. Under HUD's Community Development Block Grants (CDBG) program66 The HUD-administered Community Development Block Grant (CDBG) program is an example of a broad program that among its various activities may support some flood resilience and risk reduction investments. Under CDBG, public works is 1 of 27 eligible categories of activities; flood resilience improvements may qualify as public works under CDBG, as shown in Table 12. Other eligible activities that may qualify for CDBG assistance that benefit state and local flood resilience are buyouts of damaged properties in a floodplain and relocating residents to safer areas. Due to the block grant nature of the program, local and state officials exercise a great deal of discretion in determining which combination of eligible activities to employ. Table 13 provides information on the CDBG loan guarantee program of the CDBG(referred to as Section 108).

Unlike CDBG, the CDBG-Disaster Recovery (CDBG-DR) program for disaster relief, mitigation, and recovery activities is not an annually funded HUD program. Instead, it has been funded at timesCongress has funded CDBG-DR through supplemental appropriations legislation, and isthe funds are tied to a specific disaster (and affected areas) or set of disasters.⁴⁷67 The CDBG-DR program is designed to help communities and neighborhoods that otherwise might not recover after a disaster due to limited resources. Eligible grantees typically include states, units of local government, and Indian tribes.

Congress has appropriatedprovided more than $84.7 billion since 1999 for CDBG-DR in supplemental funds for CDBG-DR to support disaster relief, mitigation, and recovery activities. As a result, the program89.7 billion in supplemental appropriations since 1992 for CDBG-DR. CDBG-DR has become one of the federal government's principal instruments in support of long-term economic recovery following both man-made and natural disasters, such as floods. OftenAs a general rule, CDBG-DR grantees must use at least 70% of the funds for activities that principally benefit low- and moderate-income (LMI) persons or areas. Table 14 provides information on the CDBG-DR program for major disasters occurring in CY2017 and selected previous years; the table reflects the program and its appropriations as of July 2018, unless Congress enacts language that allows HUD to waive this LMI targeting requirement. Table 14 provides information on the CDBG-DR program.

Supplemental Appropriations

In response to major disasters that occurred duringfrom CY2014 to CY2017through CY2019, Congress approved threefive acts appropriating a total of $35.839.9 billion in supplemental CDBG-DR funds. With these funds,These funds were available to states, communities, and Indian tribes couldto address unmet needs and undertake mitigation efforts in the most impacted and distressed areas affected by a major disaster. HUD defines unmet needs as the financial resources necessary to recover from a disaster that are not likely to be addressed by other public or private sources of funds, including but not limited to private insurance, FEMA's Stafford Act assistance programs, the Federal Highway Administration's Emergency Relief Program, and Small Business Administration Disaster Loans. The $35.8 Due to the ongoing availability and administration of funds from various supplemental appropriations for CDBG-DR, Table 14 includes information on supplemental appropriations for disasters occurring from CY2015 through CY2019. The $39.9 billion aggregate amount awarded to states, local governments, and Indian tribes includes

• for disasters in CY2014 through CY2019 for CDBG-DR includes the following:$400 million appropriated with the passage of the Consolidated Appropriations Act, FY2017, (P.L. 115-31), to address unmet needs resulting from major disasters that occurred in CY2015, CY2016, and CY2017;
• $7.4 billion appropriated with the passage of the Supplemental Appropriations for Disaster Relief Requirements Act, 2017, (P.L. 115-56), to address unmet needs resulting from major disasters that occurred in CY2017; and
• $28 billion appropriated withprovided as part of a supplemental appropriations section (Div. B, Subdivision 1) included in the passage of the Bipartisan Budget Act of 2018, (P.L. 115-123,) for major disasters that occurred in CY2014, CY2015, CY2016, and CY2017, with not. Not more than $16 billion was allocated to states that experienced a major disaster in 2017, to address unmet needs for assistance and of. Of this amount, not more than $11 billion was to be awarded to states and communities impactedaffected by Hurricane Maria.⁴⁸

;⁶⁸

$1.680 billion appropriated with the passage of Supplemental Appropriations for Disaster Relief Act, 2018 (P.L. 115-254), to address disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most affected and distressed areas resulting from a major disaster declared in CY2018; and

$2.431 billion appropriated with the passage of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20), to address disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most affected and distressed areas resulting from a major disaster that occurred in CY2017, CY2018, or CY2019.

Funding Specifically for Mitigation and Resilience Activities

The Bipartisan Budget Act of 2018, (P.L. 115-123), signed into law on February 8, 2018, alsoincluded a supplemental appropriations section (Div. B, Subdivision 1) that required HUD to allocate not less than $12 billion of the $28 billion appropriated to support mitigation and resilience activities among CDBG-DR grantees that experienced presidentially declared disasters from 2014CY2014 through 2017CY2017. The remaining funds included in the supplemental appropriations may be used to address unmet needs of disasters that occurred in 2017. P.L. 115-123 further required that HUD allocate at least 33% of the two pools of funds within 60 days of February 9, 2018, the date of its enactment, based on the best available data. On April 10, 2018, in compliance with this provision of the actCY2017. On April 10, 2018, HUD announced the allocation of the following:

• $12 billion to address unmet needs of states and communities impacted by 2017affected by CY2017 presidentially declared disasters, including Puerto Rico and the U.S. Virgin Islands, which was $3.9 billion less than the maximum established by the act;, and
• $15.9 billion for mitigation and resilience activities. The lower allocation to unmet needs allowed HUD to allocate an additional $3.9 billion for mitigation.

The act also required HUD to allocate the remaining 67% of the funds appropriated by December 1, 2018.

In August 2019, HUD published in the Federal Register a notice regarding the use of $6.875 billion of these funds for mitigation (i.e., CBDG-MIT) for grantees recovering from qualifying disasters in CY2015, CY2016, and CY2017. The notice describes the conditions under which the funds could be used toward flood control projects, such as dams and levees:

Grantees that use CDBG-MIT funds to assist flood control structures (i.e., dams and levees) are prohibited from using CDBG-MIT funds to enlarge a dam or levee beyond the original footprint of the structure that existed prior to the disaster event. Grantees that use CDBG-MIT funds for levees and dams are required to: (1) Register and maintain entries regarding such structures with the U.S. Army Corps of Engineers National Levee Database or National Inventory of Dams; (2) ensure that the structure is admitted in the U.S. Army Corps of Engineers Public Law 84-99 Rehabilitation Program (Rehabilitation Assistance for Non-Federal Flood Control Projects); (3) ensure the structure is accredited under the FEMA National Flood Insurance Program; (4) enter into the DRGR system the exact location of the structure and the area served and protected by the structure; and (5) maintain file documentation demonstrating that the grantee has conducted a risk assessment prior to funding the flood control structure and documentation that the investment includes risk reduction measures. CDBG-MIT funds may be used on the construction or demolition of a dam, levee or other flood control structure provided that construction or demolition shall be demonstrated to be an eligible mitigation activity pursuant to the requirements of this notice. Rehabilitation of dams, levees or flood control structures are also eligible, provided that the rehabilitation is demonstrated to be an eligible mitigation activity and for dams and levees, that the rehabilitation may not exceed the original footprint of the structure as provided herein.⁶⁹

Grantees also are encouraged to incorporate nature-based solutions and natural or green infrastructure in the selection and/or design of CDBG-MIT projects.

In addition, P.L. 116-20 includes language that specifically identifies mitigation among the activities eligible for CDBG-DR funding. The act requires that any CDBG-DR funds under P.L. 116-20 and P.L. 115-254 that remain available after CDBG-DR funds have been allocated for activities authorized under these acts are to be allocated to grantees for mitigation activities related to disasters that occurred in 2018. The act directs that these funds are to be allocated among 2018 CDBG-DR grantees based on the relative share each 2018 CDBG-DR grantee received under P.L. 116-20 and P.L. 115-254. In addition, the act sets aside $431 million of the $2.431 billion appropriated to address unmet infrastructure needs for grantees that received a CDBG-DR allocation from appropriations under P.L. 115-56 and P.L. 115-123. In allocating these funds intended to address unmet infrastructure needs, P.L. 116-20 prohibits HUD from considering mitigation-specific allocations. P.L. 116-20 also requires that $331,442,114 of the $431 million shall be allocated to grantees affected by Hurricane Maria (i.e., grantees in Puerto Rico and U.S. Virgin Islands).

Flood Insurance and Related Programs⁴⁹

70

The NFIP is the primary source of flood insurance coverage for residential properties in the United States. The NFIP has two main policy goals: (1) to provide access to primary flood insurance, thereby allowing for the transfer of some of the financial risk of property owners to the federal government;, and (2) to mitigate and reduce the nation's comprehensive flood risk through the development and implementation of floodplain management standards.⁵⁰71 A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. As of March 2018July 2019, the NFIP had 5.025more than 5 million flood insurance policies providing nearly $1.28over $1.3 trillion in coverage, with over 22,000 communities in 50 states and 6six other jurisdictions participating.⁵¹ As a public insurance program, the goals of the NFIP are very different72 The goals of the NFIP, as a public insurance program, differ from the goals of private-sector companies, as it; the NFIP encompasses social goals to provide flood insurance in flood-prone areas to property owners who otherwise would not be able to obtain it and reduce government's cost after floods.⁵²73 The NFIP also engages in many "noninsurance" activities in the public interest: it identifies and maps flood hazards, disseminates flood risk information through flood maps, requires community land-use and building-code standards, contributes to community resilience by providing a mechanism to fund rebuilding after a flood, and offers grants and incentive programs for household- and community-level investments in flood risk reduction.

Flood Maps and State and Local Land-Use Control

The NFIP accomplishes the goal of reducing comprehensive flood risk primarily by requiring participating communities to collaborate with FEMA to develop and adopt flood maps called Flood Insurance Rate Maps (FIRMs) and enact minimum floodplain standards based on those flood maps. The NFIP encourages communities to adopt and enforce floodplain management regulations such as zoning codes, subdivision ordinances, building codes, and rebuilding restrictions. Internal FEMA studies have found that structures built to FEMA standards experience 73% less damage than structures not built to those standards.⁵³74 According to FEMA, the program saves the nation an estimated $1.87 billion annually in flood losses avoided because of the NFIP's building and floodplain management regulations,⁵⁴75 and FEMA expects this amount to increase over time as additional new construction is built to increasingly stronger standards.⁵⁵

76

Communities that choose to participate in the NFIP are required to adopt land use and control measures with effective enforcement provisions and to regulate development in the floodplain.⁵⁶ As authorized in law, FEMA has developed a set of minimum floodplain management standards that are intended to

(1) constrict the development of land which is exposed to flood damage where appropriate, (2) guide the development of proposed construction away from locations which are threatened by flood hazards, (3) assist in reducing damage caused by floods, and (4) otherwise improve the long-range land management and use of flood-prone areas.⁵⁷

77 FEMA has set forth the minimum standards it requires for participation in the NFIP in federal regulations.⁵⁸78 Though the standards appear in federal regulations, the standards have the force of law only because they are adopted and enforced by a state or local governmentwhen a state or local government adopts them in its floodplain management ordinance.

FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program is a key part of flood risk reduction by providing information to identify flood hazards, assess flood risks, and partner with states and communities to provide flood hazard and risk data to guide mitigation actions. In order to do this, FEMA conducts Flood Insurance Studies (FISs) to produce FIRMs that depict a community's flood risk and floodplain. Flood Insurance Studies analyze the terrain and factors that affect flood hazards using specified models and the physical, hydrologic, and climate conditions in effect at the time the studies are conducted. FIRMs use the information from the FISs to delineate floodplain boundaries. FIRMs and FISs are a "snapshot" of flood risk at their time of creation, and therefore can become outdated as demographic, topographic, hydrologic, or climatic conditions change, or as engineering methods and models improve. Generally, flood maps may require updating when there have been significant new building developments in or near the flood zone, changes to flood protection systems, or environmental changes in the community, or when better data become available. An area of specific focus of the FIRM is the Special Flood Hazard Area (SFHA). The SFHA is intended to distinguish the flood risk zones that have a chance of flooding during a once-in-100-year flood, or a flood of greater frequency. This means that properties in the SFHA have a risk of flooding of at least 1% every year if in the SFHA. However, over 20% of NFIP claims are for properties outside SFHAs.⁵⁹79 Over the past two decades, 80% of U.S. counties have experienced 10 or more floods, and 97% of U.S. counties have experienced at least 2 floods.⁶⁰

80 All 50 states, plus DC, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands, have experienced flood events since May 2018.⁸¹

NFIP Flood Mitigation

The NFIP offers three programs that encourage communities to reduce flood risk: the Community Rating System, the Flood Mitigation Assistance (FMA) grant program, the Community Rating System, and Increased Cost of Compliance (ICC) coverage. These programs are funded entirely by premiums and fees paid by NFIP policyholders. For more on how premiums are set for policyholders, see CRS Report R44593, Introduction to the National Flood Insurance Program (NFIP), by [author name scrubbed] and [author name scrubbed].

82

Flood Mitigation Assistance Grant Program

FMA⁶¹ awards grants for a number of purposes, including state and local mitigation planning; ⁸³ the elevation, relocation, demolition, or floodproofing of structures; the acquisition of properties; and other activities.⁶²84 In FY2014, the FMA program was authorized to use $100 million of NFIP revenue. It was authorized to use $150 million in FY2015, $175 million in FY2016, $175.06 million in FY2017, $175 million in FY2018, and $175 million in FY2018.⁶³FY2019.⁸⁵ The funding is available until it is expended, so the amount awarded may exceed the amount authorized by Congress in an appropriations act for a specific fiscal year. A FEMA database of approved FMA grants indicates that nearly $906 million1.13 billion in projects has beenwas approved between July 1997 and March 2018.⁶⁴

86

Community Rating System

Through a program called the Community Rating System, FEMA encourages communities to improve upon the minimum floodplain management standards required to participate in the NFIP. The Community Rating System, as authorized by law, is intended to incentivize the reduction of flood and erosion risk, as well as the adoption of more effective measures to protect natural and beneficial floodplain functions.⁶⁵87 FEMA awards points for measures that increase a community's "class" rating in the Community Rating System on a scale of 1 to 10, with 1 being the highest ranking. The credits on premium rates for flood insurance coverage are based on the estimated reduction in flood and erosion damage risks resulting from the measures adopted by the community. Points are awarded for an array of improvements in how the community informs its public on flood risk, maps and regulates its floodplain, reduces possible flood damage, and provides immediate warnings and responds to flooding incidents. The highest points are awarded for activities that reduce future flood risk, such as development limitations, preserved open space, retrofitted buildings, and acquisition and relocation of buildings.⁸⁸ Starting at Class 9, policyholders in the SFHA within a Community Rating System community receive a 5% discount on their Standard Flood Insurance Policy (SFIP) premiums, with increasing discounts of 5% per class until reaching Class 1. At that level,, when policyholders in the SFHA can receive a 45% discount on their flood insurance premiums. As of June 2017, 1,444 communities participated in the Community Rating System, with nearly 3.6 million policyholders. This represents about 5% of eligible NFIP communities that could participate in the Community Rating System program. However, these communities have a large number of flood policies, so more than 69% of all flood policies are written in communities participating in the Community Rating System program.⁶⁶ The Community Rating System discount is cross-subsidized into the NFIP program, such that the discount for one community ends up being offset by increased premium rates in all communities across the NFIP. The Community Rating System provides an average discount of 11.4% on standard flood insurance policy premiums across the NFIP. Therefore, this average 11.4% discount for Community Rating System communities is cross-subsidized and shared across NFIP communities through a cost (or load) increase of 13.4% to overall premiums in communities not participating in the Community Rating System.

The credits on premium rates for flood insurance coverage are based on the estimated reduction in flood and erosion damage risks resulting from the measures adopted by the community. Points are awarded for an array of improvements in how the community informs its public on flood risk, maps and regulates its floodplain, reduces possible flood damage, and provides immediate warnings and responds to flooding incidents. The highest points are awarded for activities that reduce future flood risk, such as development limitations, preserved open space, retrofitted buildings, and acquisition and relocation of buildings.⁶⁷89

Increased Cost of Compliance Coverage

The NFIP requires most policyholders⁶⁸ to purchase ICC coverage, which is in effect a separate insurance policy to offset the additional expense of restoring a structure to meet more rigorous building code standards than were required when it was originally built.⁹⁰ This ICC coverage is authorized in law, with rates for the coverage, as well as how much can be paid out for claims, set by FEMA.⁶⁹91 Congress has capped the amount that can be paid for ICC coverage at $75 annually.⁷⁰92 The ICC policy has a separate rate premium structure: currently ICC premiums vary between $4 and $70. ICC coverage provides an amount up to $30,000 in payments for certain eligible expenses.⁷¹93 ICC coverage is in addition to the building coverage provided by the standard flood insurance policy. However, the payment on the building claim plus the ICC claim cannot exceed the statutory maximum payment of $250,000 for residential structures or $500,000 for nonresidential structures.

For example, whenWhen a building is determined by a community to be substantially damaged⁷² following a flood, floodplain management standards adopted by local communities can require the building to be rebuilt to meet current floodplain management requirements, even if the property previously did not need to do so.⁹⁴ For instance, the new compliance standard may require the elevation of the rebuilt building to above the base flood elevation. An ICC claim may then be submitted by the policyholder to offset the cost of complying with the elevation standard. FEMA also makes ICC coverage available if a building has been declared a repetitive loss by a community's floodplain management regulations.⁷³

95

ICC claims payments may also be used toward the costs of elevating, demolishing, relocating, or floodproofing nonresidential buildings, or any combination of these actions. According to ICC data, elevation is the most common form of mitigation. Approximately 61% of all ICC claims closed with payment are single-family residential claims involving compensation for elevation of a structure to or above the BFE.⁷⁴96 Although the cost of elevating a structure depends on the type of building and elevation requirement, the average cost of elevating an existing property has been estimated at $33,239 to $91,732,⁷⁵ and suggestions have been made for years97 and stakeholders have suggested that the amount of ICC coverage should be raised.⁷⁶

In addition, 98 FEMA has not implemented ICC coverage for two conditions for which it is authorized to do so by law. These two conditions are (1) for properties that have sustained flood damage on multiple occasions, if the administrator determines that it is cost-effective and in the best interests of the NFIP, and (2) for properties for which an offer of mitigation assistance is made under various federal assistance programs.⁷⁷

Since the ICC was introduced in 1997, the program has received over $1.4 billion in premiums and paid over $700 million in claims, with over $450 million in underwriting expenses and $50 million of claims-handling expenses. However, between $100 million and $200 million has yet to be paid on claims for prior years. For the years on which FEMA has data, 2007 to 2015, the NFIP has lost money on ICC on a cash flow basis. During that period, on aggregate premiums of $701 million, the NFIP had aggregate ICC underwriting losses of $171 million.⁷⁸

99

Resilience-Related Policy Challenges Facing the NFIP

By rewarding behavior that reduces risks through the pricing of flood insurance policies, insurance has the potential to incentivize or even force policyholders and/or communities to address underlying flood risk. Insurance provisions also could provide incentives to limit flood damage by rewarding well-designed buildings with lower premiums, lower deductibles, or higher coverage limits. However, at present, mitigation activities form only a small part of the NFIP portfolio.

Repetitive Flood Losses

An area of debate involves NFIP coverage of properties that have suffered multiple flood losses, which are at greater risk than the average property insured by the NFIP. One concern is the cost to the program; another is whether the NFIP should continue to insure properties likely to have further losses. According to FEMA, repetitive loss (RL)⁷⁹100 and severe repetitive loss properties (SRL)⁸⁰101 account for approximately $17 billion in claims, or approximately 30% of total claims over the history of the program. As of January 31, 2018, there were 24,078 currently insured RL properties and 15,311 currently insured SRL properties.⁸¹102 Repetitive loss and severe repetitive loss properties (which represent about 1-2% of the overall policies in the NFIP) have accounted for approximately $9 billion in claims, or approximately 16% of total claims over the history of the program.⁸² A study of all of the residential NFIP claims filed between January 1978 and December 2012 showed that the magnitude of claims for RL structures as a percentage of building value was higher than non-RL properties by 5% to 20%.⁸³

103

Future Flood Losses

An increased number of properties are expected to be at risk of future flooding. A 2013 report produced at FEMA's request, The Impact of Climate Change and PopulationPopulation Growth on the National Flood InsuranceInsurance Program Through 2100, concluded that by 2100, the 1% annual chance fluvial floodplain area is projected to grow nationally by about 45%.⁸⁴104 In the populated areas of most interest to the NFIP, about 30% of these increases may be attributed to increased runoff caused by the increase in impermeable land surfaces caused by population growth/ and development, whereas the remaining 70% represents the influence of climate change. The implication of this is that, on a national basis, approximately 13.5% of the growth in the fluvial SHFA is likely to be due to population growth and would occur even without any climate change. NFIP models currently do not include pluvial flood risk (flooding due to heavy rainfall), but a warming climate likely will increase the risk of pluvial flooding, as a warmer atmosphere holds more moisture, increasing the frequency and/or intensity of heavy rainfall events.¹⁰⁵ The number and intensity of heavy precipitation events, as well as precipitation totals, have increased across most of the United States since 1950.¹⁰⁶ The largest increases in heavy precipitation events have occurred in the Midwest and Northeast, and such events are predicted to increase in those areas by 40% by 2100.¹⁰⁷ For the coastal environment, the typical increase in the coastal SFHA is projected to be about 55% by 2100. Sea- In some areas, relative sea level rise is not only a concern for the future; many areas are already experiencing "nuisance flooding" from minor tidal flooding or rainstorms. The frequency and duration of minor tidal flooding has increased dramatically in recent decades along many U.S. coastal areas.⁸⁵108 Although not catastrophic, such flooding can significantly disrupt normal commerce and activity, and the seemingly minor inconveniences and local economic losses from each event can have a cumulative effect that results in considerable hidden costs to residents and businesses. In addition, the NFIP will continue to face the risk of catastrophic losses: events like Hurricanes Harvey, Irma, Maria, Katrina, and Sandy are not outside the expected range of NFIP losses.⁸⁶ Since August 2017, the NFIP has paid over $10.6 billion in claims for Hurricanes Harvey, Irma, and Maria.⁸⁷

from hurricanes.

Policy Considerations

Recent major flood events have renewed concerns about the nation's and the federal government's financial exposure to flood losses, as well as the economic, social, and public health impacts of floods on individuals and communities. Part of the challenge for Congress and other policymakers in reducing flood risks and improving resilience is the distribution of responsibilities among local, state, territorial, tribal, and federal entities. There exists some tension between the broader federal interest in reducing the federal government's exposure to costs for disaster response and recovery, and nonfederal (including private) roles in shaping how structures and facilities are built in coastal areas, floodplains, and elsewhere. Local and state governments in the United StatesIn the United States, local and state governments have the primary responsibility for managing flood risk and resilience, including through guiding land use in floodplains, establishing and enforcing building codes and ordinances, and construction ofconstructing public works to protect communities. At the same time, as discussed in this report, Congress and the federal government hashave elected to become involved in some aspects of flood resilience and risk reduction (e.g., NFIP) and disaster response and recovery. Consequently, although the federal government does not participate in many nonfederal decisions affecting flood risk, the federal government is affected by actionsdemands on federal programs (e.g., disaster assistance, federal risk reduction and mitigation projects) are affected by decisions and actions made by local governments, states, tribes, and territories that may reduce or exacerbate flood risk.

No authoritative national estimate of the financial consequences of all types of flooding—riverine floods, coastal storms, tidal flooding, flash floods, intense precipitation, stormwater—is available.⁸⁸109 Also, the current overall level of federal and nonfederal investments to reduce flood risk is unknown.⁸⁹110 Consequently, it is not possible to determine how current government investment in flood resilience and risk reduction compares to the national damage and disruption caused by flooding or to government spending on response and recovery.

PotentialSome potential questions for the 115^th Congress and other policymakers include the following:

• Do federal programs provide incentives or disincentives for U.S. states, local governments, territories, and tribes to prepare for flood and manage their flood risks?
• Are the level, type, and geographic distribution of federal actions for flood resilience and risk reduction cost-effective?
• Are there changes to how federal flood-related assistance programs and the NFIP are implemented or funded that could result in long-term net benefits in avoided federal disaster assistance, lives lost, and economic disruption?

In addressing the nation's flood risk and resilience, policymakers may choose to prioritize some federal roles over others, increase or redistribute activities and funding across existing federal programs, reorient or eliminate existing programs, or establish new programs.

CRS Reports

• ProductsCRS Report R40763, Agricultural Conservation: A Guide to Programs, by [author name scrubbed]Megan Stubbs.
• CRS Report R42854, Emergency Assistance for Agricultural Land Rehabilitation, by [author name scrubbed]Megan Stubbs.
• CRS Report R43315, Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program, by [author name scrubbed] and [author name scrubbed]Jonathan L. Ramseur and Mary Tiemann.
• CRS Report RL34537, FEMA's Pre-Disaster Mitigation Program: Overview and Issues, by [author name scrubbed]Jared T. Brown.
• CRS Report R43520, Community Development Block Grants and Related Programs: A Primer, by [author name scrubbed]Eugene Boyd.
• CRS Report R43990, FEMA's Public Assistance Grant Program: Background and Considerations for Congress, by [author name scrubbed] and [author name scrubbed]Jared T. Brown and Daniel J. Richardson.
• CRS Report R44593, Introduction to the National Flood Insurance Program (NFIP), by [author name scrubbed] and [author name scrubbed].
Diane P. Horn and Baird Webel.
• CRS Report R44632, Sea-Level Rise and U.S. Coasts: Science and Policy Considerations, by [author name scrubbed] and [author name scrubbed]Peter Folger and Nicole T. Carter.
• CRS Report R44963, Wastewater Infrastructure: Overview, Funding, and Legislative Developments, by [author name scrubbed]Jonathan L. Ramseur.
• CRS Report R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes, by [author name scrubbed].
Nicole T. Carter and Anna E. Normand.
• CRS Report R45460, Coastal Zone Management Act (CZMA): Overview and Issues for Congress, by Eva Lipiec.
• CRS Report R45981, Dam Safety Overview and the Federal Role, by Anna E. Normand.
• CRS Report RL30478, Federally Supported Water Supply and Wastewater Treatment Programs, coordinated by [author name scrubbed]Jonathan L. Ramseur.
• CRS In Focus IF10859, The Coastal Barrier Resources Act (CBRA), by [author name scrubbed] and [author name scrubbed].

Footnotes

13. 16. 38. 44. 47. 61. 70. 83. 109.

1.	The suite of actions and measures intended to save lives and reduce damage to property from floods generally are considered flood mitigation.
2.	Programs specifically targeted at tribes are not presented herein, and the federal role and activities related to dam and levee safety are not addressed. For more information on dam and levee safety, see CRS In Focus IF10606, Dam Safety: Federal Programs and Authorities, by [author name scrubbed] et al., and CRS In Focus IF10788, Levee Safety and Risk: Status and Considerations, by [author name scrubbed]. Assistance to individuals and businesses, such as loans from the Small Business Administration (SBA) and agricultural conservation programs under the U.S. Department of Agriculture (USDA), are beyond the scope of this report. For information on SBA, see CRS Report R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress, by [author name scrubbed]. This report does not include information on federal investments in broad-scale monitoring, science, and information dissemination (e.g., hurricane surge warnings) that may assist with flood risk reduction. It also does not discuss other science and technology initiatives, such the Flood Apex Program supported by the Department of Homeland Security's Science and Technology Directorate to bring new technologies and approaches to reduce flood fatalities and property losses, increase community resilience, and mitigate against flood hazards. A discussion of federal flood fighting and emergency response also is beyond the scope of this report; for more on the principal federal programs for responding to disasters, such as flood events, see CRS Report R44808, Federal Disaster Assistance: The National Flood Insurance Program and Other Federal Disaster Assistance Programs Available to Individuals and Households After a Flood, by [author name scrubbed]. This report focuses on programs authorized or operating nationally. It does not include federal assistance related to flood resilience and risk reduction provided through support targeted toward specific geographic regions and/or issues. One example of such a regional effort is support, including for flood resilience, authorized in the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act, P.L. 112-141) for five states affected by the Deepwater Horizon oil spill in 2010—Alabama, Florida, Louisiana, Mississippi, and Texas. For more information on Gulf Coast efforts, see CRS Report R43380, Gulf Coast Restoration: RESTORE Act and Related Efforts, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].
3.	A floodplain or flowage easement is a right granted by a landowner to allow that the land be temporarily inundated.
4.	In 2016, the National Institute of Standards released a Community Resilience Planning Guide to help communities develop plans to improve resilience to natural, technological, and human-caused hazards; it is available at https://www.nist.gov/topics/community-resilience/community-resilience-planning-guide.
56.	CRS Report R44632, Sea-Level Rise and U.S. Coasts: Science and Policy Considerations, by [author name scrubbed] and [author name scrubbed]Peter Folger and Nicole T. Carter.
67.	Prior to the lower Mississippi River flood of 1927, the federal role in flood control was limited. In addition to authorizing USACE to design and construct significant flood control projects along the Mississippi River (and on the Sacramento River in California), the Flood Control Act of 1928 (45 Stat. 534) reiterated the sense of Congress, at the insistence of President Coolidge, that there should be local contribution toward flood control infrastructure. Congress enacted the Flood Control Act of 1928, authorizing the USACE's Mississippi River and Tributaries Project for flood control south of Cape Girardeau, MO.
78.	For much of this federally constructed infrastructure (except multipurpose dams and ongoing beach nourishment projects), nonfederal entities are responsible for most operation, maintenance, and regular repair and rehabilitation.
8Nonfederal entities are responsible for operation, maintenance, regular repair, and rehabilitation for most federally constructed levees and single-purpose flood control works. Periodic beach nourishment is cost shared between federal and nonfederal entities for a period (e.g., 50 years for most USACE projects). 9.	No federal program specifically regulates the design, construction, maintenance, or minimum level of protection for nonfederal flood control works; however, many such works may require federal permits (e.g., §404 Clean Water Act or §10 River and Harbor Act permits) or may otherwise be influenced by federal programs and policies. For example, the assessment of how much protection is provided by flood control infrastructure for purposes of mapping for the NFIPNational Flood Insurance Program (NFIP) results in some federal influence over how and where nonfederal entities choose to construct such works. Local governments often have pursued flood control systems that provide 100-year1%-annual chance protection, rather than a significantly higher or lower level of protection, in order to have their community mapped out ofexclude their communities from the 1%-annual chance floodplain (i.e., the 100-year floodplain) for purposes of the NFIP. Also, some nonfederal public owners of levees, shore protection projects, and certain dams may qualify and participate in a federal program to fund repairs from water, wind, and wave damage known as the Rehabilitation and Inspection Program (RIP); this program has minimum requirements for participation and requires ongoing nonfederal operations and maintenance of flood control works. For more information on RIP, see relevant sections of CRS Report R45185, Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes, by [author name scrubbed].
9. 10.	Other federal entities operating flood-related infrastructure as part of their activities include the Bureau of Reclamation in the Department of the Interior, which operates multipurpose water projects in 17 western states; the Tennessee Valley Authority, which has multipurpose dams; the International Boundary and Water Commission, which operates U.S.-Mexico border dams and levees; the Bureau of Indian Affairs; and the four federal land management agencies—Bureau of Land Management, National Park Service, U.S. Fish and Wildlife Service, and U.S. Forest Service.
1011.	For a more detailed discussion of private flood insurance, see CRS Report R45242, Private Flood Insurance and the National Flood Insurance Program, by Diane P. Horn and Baird Webel.
12.	See 82 Stat. 573 for text in original statute (§1302(b)(1) of P.L. 90-448). This language remains in statute (see 42 U.S.C. §4001(b)(1)).
FEMA defines the BFE as the water-surface elevation of the base flood, which is the l%-annual-chance flood. That is, the probability is l% that rising water will reach the BFE height in any given year.
1114.	The FFRMS was first published on January 30, 2015; it. It was updated and published on October 8, 2015, as Appendix G to the interagency implementing guidance for E.O. 11988 and E.O. 13690, available at https://www.fema.gov/media-library-data/1445008152304-5118422c7699bbe7ab4a8f06e05cbc36/FINAL-IGAppendicesA-H_8Oct15_508rev.pdf#page=44. E.O. 13690 required that federal agencies apply the FFRMS as a minimum flood resilience standard for federally funded projects. Federally funded projects were defined as actions where federal funds were used for new construction, substantial improvement, or to addressaddressing substantial damage to structures and facilities.
1215.	For example, the Department of Housing and Urban Development (HUD) provided the following in a Federal Register notice as guidance for some of its Community Development Block Grant-Disaster Recovery funds: "Natural or green infrastructure is defined as the integration of natural processes or systems (such as wetlands or land barriers) or engineered systems that mimic natural systems and processes into investments in resilient infrastructure, including, for example, using permeable pavements and amended soils to improve infiltration and pollutant removal" (84 Federal Register 45838).	Some examples of green infrastructure for stormwater include permeable pavement, bioswales (i.e., raingardens placed in long, narrow spaces such as along roads), rainwater harvesting system, rain gardens, and planter boxes; for illustrations of these, see the Environmental Protection Agency's (EPA')EPA's website titled "What is Green Infrastructure?" at https://www.epa.gov/green-infrastructure/what-green-infrastructure#rainwaterharvesting.
1317.	Stormwater discharges into surface waters are subject to regulation under §402(p) of the Clean Water Act. As the rain that has fallen moves across urban surfaces, it may pick up toxic contaminants, oil and grease, organic material, and other substances, which can be directly discharged into streams, thus delivering pollutants into nearby waterways. Or, it can enter the public sewer system through storm drains, and then the water quantity and water quality problems are joined in the water infrastructure system.
1418.	See 33 U.S.C. §1383(c), which was amended by the Water Resources Reform and Development Act of 2014 (P.L. 113-12133 U.S.C. §1383(c).
1519.	For more on federal hurricane research and warnings, see CRS In Focus IF10719, Forecasting Hurricanes: Role of the National Hurricane Center, by [author name scrubbed]Eva Lipiec and Peter Folger.
1620.	For more information on the initiative to collect elevation data, see https://nationalmap.gov/3DEP/.
1721.	The discussion of programs and authorities herein is not intended to be comprehensive. For example, it does not include programs targeted at providing for trust species that may have flood mitigation benefits or programs that are targeted at specific types of infrastructure, such as drinking water facilities or related to reducing flood risk and improving flood resilience for specific types of infrastructures, such as transportation infrastructure. This report also generally does not includediscuss authorized programs that have not been fundedbeen authorized but have received no appropriations.
1822.	This section was prepared by [author name scrubbed], Analyst in Emergency Management and Homeland Security PolicyDiane P. Horn, Analyst in Flood Insurance and Emergency Management.
1923.	See, respectively, §203 and §404 of the Stafford Act for PDM and HMGP (42 U.S.C. §5133 and §5170c) and §1366 of the National Flood Insurance Act for the FMA (42 U.S.C. §4104c). Some mitigation projects may also be funded as part of infrastructure repair grants under §406 of the Stafford Act (42 U.S.C. §5172). See CRS Report R43990, FEMA's Public Assistance Grant Program: Background and Considerations for Congress, by [author name scrubbed] and [author name scrubbed]Jared T. Brown and Daniel J. Richardson, and CRS Report RL34537, FEMA's Pre-Disaster Mitigation Program: Overview and Issues, by [author name scrubbed]Jared T. Brown, for additional information. Research indicates that for every dollar invested by FEMA in flood mitigation between 1993 and 2003, society as a whole saved on average between $5 and $7 due to reduced future flood losses (see Table 2.7 in National Institute of Building Sciences, Natural Hazard Mitigation Saves: 2017 Interim Report, Washington, DC, 2017, p. 27, at http://www.nibs.org/page/ms2_dwnload. Note that the widely quoted figure of $4 saved for every dollar invested is an average for three hazards (earthquake, wind, and flood) and from an older report. In the 2017 report, on average, the overall hazard benefit-cost ratio is 6:1 and the benefit-cost ratio for flood alone is 5:1 to 7:1 for riverine flood and 7:1 for hurricane surge—see Table 2-1 on p. 27 and discussion on pp. 50-57.
2024.	For summary information on these programs, see Federal Emergency Management Agency, The Hazard Mitigation Assistance Grant Programs, at https://www.fema.gov/media-library-data/1441133724295-0933f57e7ad4618d89debd1ddc6562d3/FEMA_HMA_Grants_4pg_2015_508.pdf.
2125.	TheIn FY2017 and FY2018, the DRF received $49.57 billion in combined budget authority across three supplemental appropriations in P.L. 115-56, P.L. 115-72, and P.L. 115-123. There were no supplemental appropriations to the DRF in FY2019. For additional information, see CRS Report R45084, 2017 Disaster Supplemental Appropriations: Overview, by [author name scrubbed].
22.	This section was prepared by [author name scrubbed], Specialist in Natural Resources Policy.
23R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter.
26.	P.L. 115-254, Division D.
27.	Email correspondence from FEMA Congressional Affairs staff, September 11, 2019.
28.	Federal Emergency Management Agency, Disaster Relief fund: Monthly Report as of September 30, 2019, Final Report to Congress for Fiscal Year 2019, Washington, DC, October 8, 2019, p. 4, https://www.fema.gov/media-library/assets/documents/31789.
29.	Email correspondence from FEMA Congressional Affairs staff, April 15, 2019.
30.	See Federal Emergency Management Agency, Webinar Series 2019: Building Resilient Infrastructure and Communities, Washington, DC, 2019, at https://www.fema.gov/drra-bric.
31.	Email correspondence from FEMA Congressional Affairs staff, July 31, 2019.
32.	42 U.S.C. §5133(e)(1)(iv).
33.	42 U.S.C. §5133.
34.	42 U.S.C. §5133(g).
35.	P.L. 116-6.
36.	See Federal Emergency Management Agency, DHS Notice of Funding Opportunity FY2019 Pre-Disaster Mitigation, NOFO Number DHS-19-MT-047-000-99, Washington, DC, August 26, 2019, at https://www.fema.gov/media-library/assets/documents/182171.
37.	This section was prepared by Nicole T. Carter, Specialist in Natural Resources Policy.
In 2014, Congress enacted the Water Infrastructure Finance and Innovation Act (WIFIA; 33 U.S.C. §3901, et seq.), which authorized USACE to provide credit assistance to water infrastructure projects, including riverine and coastal flood damage reduction projects. The USACE WIFIA program remains unfunded and is not addressed in this report.
2439.	Congress established this policy in 1936. Thethe Flood Control Act of 1936 (49 Stat. 1470), which states "that the Federal Government should improve or participate in the improvement of navigable waters or their tributaries including watersheds thereof, for flood control purposes if the benefits to whomsoever they may accrue are in excess of the estimated costs, and if the lives and social security of people are otherwise adversely affected."
2540.	P.L. 115-123 also provided $770 million for USACE's Mississippi River & Tributaries flood control project, which is funded through the agency's Mississippi River and Tributary (MR&T) account. Of the $770 million, $400 million was designated for the construction of authorized MR&T flood reduction activitiesP.L. 116-20 also made some projects ineligible for these construction funds. It states that projects receiving construction funds provided in P.L. 115-123 are not eligible for the P.L. 116-20 construction funds.
2641.	In addition to the amounts shown, P.L. 116-20 provided $575 million for operation and maintenance of USACE-maintained projects and $908 million for the Mississippi River and Tributaries project. P.L. 116-20 funds are made available until expended.
42.	FEMA disaster declarations for 2018 are found at https://www.fema.gov/disasters/year/2018.
43.	This section was prepared by Megan Stubbs, Specialist in Agricultural Conservation and Natural Resources Policy.
P.L. 115-123 did not provide direction on the use of $55 million in the USACE Construction account of the $15.055 billion provided to USACE Construction account. Generally, funds provided through an emergency supplemental appropriation in the USACE Construction account that are not otherwise directed for a specific use are used to make repairs to ongoing construction projects that were damaged. As of July 5, 2018, USACE had identified $11 million in estimated damages at USACE construction projects.
27.	For lists of the USACE studies and projects identified for P.L. 115-123 funds, see the documents posted by USACE under the hearing "Supplemental Appropriations for Disasters 2018" at https://www.usace.army.mil/Missions/Civil-Works/Budget/. As of July 5, 2018, the states and territory anticipated to receive more than $100 million in P.L. 115-123 USACE construction funds were the following: Texas ($4.9 billion), Puerto Rico ($2.5 billion), California ($2.5 billion), Louisiana ($1.4 billion), Florida ($0.8 billion), West Virginia ($0.7 billion), Kansas and Missouri ($0.5 billion for a single two-state project), Hawaii ($0.4 billion), Kentucky ($0.2 billion), and Iowa ($0.1 billion).
28.	This section was prepared by [author name scrubbed], Specialist in Agricultural Conservation and Natural Resources Policy.
29.	The Flood Control Act of 1936 (P.L. 74-738) authorized USDA to examine and survey measures of controlling runoff, soil erosion, and water flow in watersheds upstream from the rivers and tributaries under the jurisdiction of USACE. This broad authority was expanded in the Flood Control Act of 1944 (P.L. 78-534), and again in the Watershed Protection and Flood Prevention Act of 1954 (P.L. 83-566), which provided authority and funding for structural practices. Congress intended for USDA to conduct smaller flood control works upstream of larger USACE projects as an extension of its current on-farm conservation work. For additional information, see CRS Report RL30478, Federally Supported Water Supply and Wastewater Treatment Programs, coordinated by [author name scrubbed]Jonathan L. Ramseur.
3045.	EWP is an emergency recovery program that provides financial and technical assistance to project sponsors following a natural disaster. Congress amended the program in 1996 (§382, P.L. 104-127) to include the purchase of floodplain easements "in lieu of recovery." Since then, NRCS has enrolled over 1,600 easements on over 185,000 acres. For additional information, see CRS Report R42854, Emergency Assistance for Agricultural Land Rehabilitation, by [author name scrubbed]Megan Stubbs. NRCS also administers a number of agricultural conservation programs that provide technical and financial assistance to individual producers for the implementation of conservation measures. These measures can include flood risk reduction and erosion strategies. Since these programs are administered directly to individuals and not state or local entities, they are not included in this report. For additional information on these programs, see CRS Report R40763, Agricultural Conservation: A Guide to Programs, by [author name scrubbed].
31Megan Stubbs.
46.	For additional information on changes in the 2018 farm bill, see CRS Report R45698, Agricultural Conservation in the 2018 Farm Bill, by Megan Stubbs.
This section was prepared by [author name scrubbed]Eva Lipiec, Analyst in Natural Resources Policy.
3248.	For more about the National Oceanic and Atmospheric Administration's (NOAA's) National Coastal Zone Management Program, see https://coast.noaa.gov/czm/media/funding-summary.pdf. information, see CRS Report R45460, Coastal Zone Management Act (CZMA): Overview and Issues for Congress, by Eva Lipiec.
3349.	For more information on each of these, see the following websites: NOAA Hazard-Resilient: NOAA Coastal and Waterfront Smart Growth (at https://coastalsmartgrowth.noaa.gov/resilience.html); NOAA Habitat Blueprint Living Shorelines (at https://www.habitatblueprint.noaa.gov/living-shorelines/applying-science/); and Sea Grant Community Resilience (https://seagrant.noaa.gov/Portals/0/Documents/Handouts/SG50-CommResilience_May2016.pdf); Digital Coast Topics at https://coast.noaa.gov/digitalcoast/topics/; and Sea Grant Resilience at https://seagrant.noaa.gov/News/PID/468/evl/0/TagID/732/TagName/Resilience.
3450.	The National Fish and Wildlife Foundation (NFWF) was established by Congress (16 U.S.C. §§3701-3710) as a charitable and nonprofit corporation to further the conservation of fish, wildlife, plants, and other natural resources, in connection with the U.S. Fish and Wildlife Service and NOAA. For more information, see CRS Report R44740, National Fish and Wildlife Foundation (NFWF): History, Function, and Funding, by R. Eliot Crafton.
3551.	For more about the NFWFNFWF, National Coastal Resilience Assessment, see httpFund, at https://www.nfwf.org/coastalresilience/Documents/coastal-resilience-assessment-fact-sheetncrffactsheet.pdf. 52.pdf.
36.	In FY2015 and FY2016, Congress appropriated funding to complementary resilience programs in NOAA's Coastal Management Grants budget line and Habitat Conservation and Restoration budget line. Congress combined funding under the Coastal Management Grants budget line in FY2017.
37.	"Explanatory Statement Submitted by Mr. Frelinghuysen, Chairman of the House Committee on Appropriations, regarding the House Amendment to Senate Amendment on H.R. 1635," in House Congressional Record 164, number 50 (March 22, 2018), at https://www.congress.gov/congressional-record/2018/03/22/house-section/article/H2045-2.
38.	For more about the NFWF National Coastal Resilience Fund 2018 Request for Proposals, see http://www.nfwf.org/coastalresilience/Pages/2018rfp.aspx.
39.	This section was prepared by [author name scrubbed], Specialist in Environmental Policy.
40.	For additional information see, CRS Report R44963, Wastewater Infrastructure: Overview, Funding, and Legislative Developments, by [author name scrubbed].
41 From FY2015 to FY2018, Congress appropriated funds to NOAA in support of coastal resilience grant programs. Congress effectively discontinued NOAA's grant programs with its establishment of the National Oceans and Coastal Security Fund in FY2018.
53.	Several nonfederal organizations also contribute funds to NFWF's National Coastal Resilience Fund. NFWF, "National Coastal Resilience Fund," at https://www.nfwf.org/coastalresilience/Pages/home.aspx.
54.	NFWF, "National Coastal Resilience Fund," at https://www.nfwf.org/coastalresilience/Pages/home.aspx.
55.	NFWF, "National Coastal Resilience Fund 2019 Request for Proposals," at https://www.nfwf.org/coastalresilience/Pages/2019rfp.aspx.
56.	For more information on the FY2018 projects, see NFWF, "National Coastal Resilience 2018 Grant Slate," at https://www.nfwf.org/coastalresilience/Documents/2018grantslate.pdf.
57.	NFWF, "Emergency Coastal Resilience Fund 2019 Request for Proposals," at https://www.nfwf.org/coastalresilience/emergency/Pages/ecrf-2019rfp.aspx.
58.	Ibid. Full proposals were due to NFWF on November 12, 2019.
59.	This section was prepared by Jonathan L. Ramseur, Specialist in Environmental Policy.
60.	For additional information, see CRS Report R44963, Wastewater Infrastructure: Overview, Funding, and Legislative Developments, by Jonathan L. Ramseur. In addition to the clean water SRF program, America's Water Infrastructure Act of 2018 (AWIA; P.L. 115-270), enacted on October 23, 2018, amended a grant program authorized in Clean Water Act Section 221 (33 U.S.C. §1301). AWIA modified the eligibility provisions to include stormwater infrastructure. This grant program was originally established in 2000 (P.L. 106-554) to address sewer overflow issues; the program has not received appropriations. AWIA reauthorized appropriations for the grant program for $225 million annually for FY2019 and FY2020.
All funds in the clean water SRF resulting from federal capitalization grants are first to be used to assure maintenance of progress toward compliance with enforceable deadlines, goals, and requirements of the Clean Water Act (33 U.S.C. §1382(b)(5)).
4262.	For more information, see CRS Report R43315, Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program, by [author name scrubbed] and [author name scrubbed]Jonathan L. Ramseur and Mary Tiemann.
43.	63. WIFIA authorizes EPA to make available up to 25% of available funds each year for credit assistance in excess of 49% of project costs. Except for certain projects in rural areas, the total amount of federal assistance (i.e., WIFIA and other sources combined) may not exceed 80% of a project's cost. In rural areas (defined as populations of 25,000 or less), project costs must be $5 million or more.
4464.	For more information, see EPA's WIFIA website, https://www.epa.gov/wifia.
4565.	U.S. Environmental Protection Agency, "Credit Assistance for Water Infrastructure Projects," 81 Federal Register 91828, December 16, 2016, at https://www.federalregister.gov/documents/2016/12/19/2016-30194/credit-assistance-for-water-infrastructure-projects.
4666.	This section was prepared by [author name scrubbed]Eugene Boyd, Analyst in Federalism and Economic Development Policy.
4767.	For more information, see CRS Report R43520, Community Development Block Grants and Related Programs: A Primer, by [author name scrubbed]Eugene Boyd.
4868.	For the purposes of the act, states include Puerto Rico and the U.S. Virgin Islands, which were the primary recipients of these funds. Of the $11 billion designated to be allocated to states and communities impacted(including in Puerto Rico and U.S. Virgin Islands) affected by Hurricane Maria, HUD was directed to allocate $2 billion to projects that will provide enhanced or improved electrical power systems.
4969.	Department of Housing and Urban Development, "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees," 84 Federal Register 45838, August 30, 2019.	This section was prepared by [author name scrubbed]Diane P. Horn, Analyst in Flood Insurance and Emergency Management.
5071.	In the context of this report, comprehensive flood risk means that the risk includes both financial risk (i.e., physical damage to property), but also and the risk to human life.
5172.	Indian tribes, authorized tribal organizations, and Alaska Native villages or authorized native organizations, which have land-use authority, are considered communities by the National Flood Insurance Program (NFIP)NFIP and can join the program even if no flood hazard map exists that covers all tribal lands. Based on FEMA's map inventory, 98.8% of the U.S. population is mapped with an existing flood map. Over 88% of the population lives in a community that has received a modernized product (email correspondence from FEMA Congressional Affairs staff, April 20, 2017). Detailed information about which communities participate, and where, is available from the Community Status Book, found on FEMA's website at https://www.fema.gov/national-flood-insurance-program-community-status-book.
5273.	See 82 Stat. 573 for text in original statute (§1302(c) of P.L. 90-448). This language remains in statute (see 42 U.S.C. §4001(c)).
5374.	U.S. Congress, House Committee on Financial Services, Flood Insurance Reform: FEMA's Perspective, Statement of Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, 115th Cong., 1st sess., March 8, 2017, H.Hrg.115-BA04-WrightR-20170309 (Washington: GPO, 2017), p. 1.
5475.	Email correspondence from FEMA Congressional Affairs staff, June 16, 2017.
5576.	U.S. Government Accountability Office (GAO), Flood Insurance: Comprehensive Reform Could Improve Solvency and Enhance Resilience, GAO-17-425, April 2017, p. 5, at https://www.gao.gov/products/GAO-17-425.
5677.	42 U.S.C. §4022(a)(1).
57.	42 U.S.C. §4102(c).
5878.	See 44 C.F.R. Part 60, particularly 44 C.F.R. §60.3.
5979.	GAO, Flood Insurance: Comprehensive Reform Could Improve Solvency and Enhance Resilience, GAO-17-425, April 2017, p. 29, at https://www.gao.gov/products/GAO-17-425.
6080.	FEMA, The National Flood Insurance Program, Presentation to the Treasury Advisory Committee on Risk Sharing Mechanisms, June 9, 2017, at https://www.treasury.gov/initiatives/fio/acrsm/Documents/ACRSM_Presentation_By_FEMA.pdf.
6181.	Email correspondence from FEMA Congressional Affairs staff, August 5, 2019.
82.	For more on how premiums are set for policyholders, see CRS Report R44593, Introduction to the National Flood Insurance Program (NFIP), by Diane P. Horn and Baird Webel.
42 U.S.C. §4104c. In 2012, Congress mandated that the grant assistance previously delivered by the Repetitive Flood Claims (RFC) and the Severe Repetitive Loss (SRL) grant programs should be unified into a single program, FMA, by rescinding the authorization for the SRL program and the RFC program. See §100225(b) and (c) of P.L. 112-114, respectively.
6284.	For additional information on the FMA program, see 44 C.F.R. Part 78, FEMA's website at https://www.fema.gov/flood-mitigation-assistance-grant-program, and FEMA, FY2017FY2019 Flood Mitigation Assistance (FMA) Grant Program Fact Sheet, July 11, 20172019, at https://www.fema.gov/media-library-data/1499793315357-c31fef3839ece1533d9fccfe5caee71d/FMA_FactSheet_FY2017_5081566838228911-f228284e94d43af0d6b16214dcf07f63/FMAFactSheetFY19Aug2019.pdf.
6385.	See, respectively, P.L. 113-76, 128 Stat. 265; P.L. 114-4, 129 Stat. 58; P.L. 114-113, 129 Stat. 2508; P.L. 115-31, 131 Stat. 417, and; P.L. 115-141, 132 Stat.274 274; and P.L. 116-6, 133 Stat. 32.
6486.	This figure represents the total amount of federal assistance, without subtracting the cost share, for the three flood mitigation programs that existed during this time: SRL, RFC, and FMA. To access the database, see FEMA's website at https://www.fema.gov/media-library/assets/documents/103339openfema-dataset-hazard-mitigation-assistance-projects-v1.
6587.	42 U.S.C. §4022(b)(1).
6688.	See FEMA, Community Rating System Fact Sheet, JuneFor a list of creditable activities in the Community Rating System, see FEMA, NFIP Community Rating Coordinator's Manual, May 4, 2017, at https://www.fema.gov/media-library-data/1507029324530-082938e6607d4d9eba4004890dbad39c/NFIP_CRS_Fact_Sheet_2017_508OK1493905477815-d794671adeed5beab6a6304d8ba0b207/633300_2017_CRS_Coordinators_Manual_508.pdf.
6789.	For a list of creditable activities in the Community Rating System, seeSee FEMA, NFIP Community Rating Coordinator's Manual, May 4,System Fact Sheet, June 2017, at https://www.fema.gov/media-library-data/1493905477815-d794671adeed5beab6a6304d8ba0b207/633300_2017_CRS_Coordinators_Manual_5081507029324530-082938e6607d4d9eba4004890dbad39c/NFIP_CRS_Fact_Sheet_2017_508OK.pdf.
6890.	For example, ICC coverage is not required on condominium units and content-only policies.
6991.	42 U.S.C. §4011(b).
7092.	Ibid.
7193.	For example ICC premiums, see FEMA, Flood Insurance Manual, Rating Section, revised October 2017, p. RATE 19, at https://www.fema.gov/media-library-data/1503239106510-30b35cc754f462fe2c15d857519a71ec/05_rating_508_oct2017.pdf.
7294.	44 C.F.R §59.1 defines "substantial damage" as damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
7395.	42 U.S.C §4011(b)(1).
7496.	FEMA, NFIP: Use of Increased Cost of Compliance Coverage, FY2009 Report to Congress, October 2009, p. 6.
7597.	J. C. J. H. Aerts, W. J. W. Botzen, and H. de Moel, et al., "Cost Estimates for Flood Resilience and Protection Strategies in New York City," Annals of the New York Academy of Sciences, vol. 1294, no. 1 (August 2013), pp. 22-26.
7698.	See, for example, Association of State Floodplain Managers, Suggestions for Improving Increased Cost of Compliance Coverage under the National Flood Insurance Program, 2007, at http://www.floods.org/PDF/ASFPM_ICC_Positions_Recommendations_0807.pdf; FEMA, NFIP: Use of Increased Cost of Compliance Coverage, FY2009 Report to Congress, October 2009, p. 32; B. Lingle and C. Kousky, Mitigation Post-Flood: FEMA's Increased Cost of Compliance (ICC) Coverage, Resources for the Future, July 7, 2017, at http://www.rff.org/blog/2017/mitigation-post-flood-fema-s-increased-cost-compliance-icc-coverage.
7799.	See 42 U.S.C §4011(b)(3) and (4).
78.	Email correspondence from FEMA Congressional Affairs staff, April 3, 2017.
79100.	The statutory definition of a repetitive loss structure is a structure covered by a contract for flood insurance that has incurred flood-related damage on two occasions in which the cost of repair, on average, equaled or exceeded 25% of the value of the structure at the time of each such flood event. In addition, at the time of the second incidence of flood-related damage, the contract for flood insurance must contain increased cost of compliance coverage. 42 U.S.C. §4121(a)(7).
80101.	SRL properties are those that have incurred four or more claim payments exceeding $5,000 each, with a cumulative amount of such payments over $20,000; or at least two claims with a cumulative total exceeding the value of the property. See 42 U.S.C. §4014(h) and 44 C.F.R. §79.2(h).
81102.	Data provided by FEMA Congressional Affairs staff, June 19, 2018.
82103.	Email correspondence from FEMA Congressional Affairs staff, April 7, 2017. Almost every SRL property also fits the insurance data definition of RL property (over 99%). In addition, some of the properties counted in the figures since the beginning of the NFIP have been mitigated, and others are not currently insured by the program.
83.	Caroline Kousky and Erwann Michel-Kerjan, "Examining Flood Insurance Claims in the United States: Six Key Findings," Journal of Risk and Insurance, vol. 82 (2015), p. 18, at http://opim.wharton.upenn.edu/risk/library/J2015JORI_Flood-Insurance-Claims_CK-EMK.pdf.
84104.	AECOM, The Impact of Climate Change and Population Growth on the National Flood Insurance Program Through 2100, prepared for Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, Arlington, VA, June 2013, at http://web.archive.org/web/20170130025849/http://www.aecom.com/content/wp-content/uploads/2016/06/Climate_Change_Report_AECOM_2013-06-11.pdf. No significant decreases in floodplain depth or area are anticipated for any region of the nation at the median estimates; median flows may increase even in areas that are expected to become drier on average.
85105.	Tal Ezer and Larry P. Atkinson, "Accelerated Flooding Along the US East Coast: On the Impact of Sea Level Rise, Tides, Storms, the Gulf Stream, and the North Atlantic Oscillation," Earth's Future, vol. 2, no. 8 (August 11, 2014), pp. 362-382.
86.	A single storm that results in a loss to the NFIP of the size that occurred in Hurricane Katrina ($16.3 billion) has a 1% to 2% chance of occurring in any given year, whereas a single storm that results in a loss as large as the one that occurred in Hurricane Sandy has a 4% to 5% chance of occurring in any given year. FEMA anticipates having another loss year like those within the next decade (U.S. Congress, House Committee on Financial Services, Flood Insurance Reform: FEMA's Perspective, Statement of Roy E. Wright, Deputy Associate Administrator, FIMA, 115th Cong., 1st sess., March 8, 2017, H.Hrg.115-BA04-WrightR-20170309 [Washington: GPO, 2017], p. 3).
87.	Email correspondence from FEMA Congressional Affairs staff, June 28, 2018.
88National Academies of Sciences, Engineering, and Medicine, Framing the Challenges of Urban Flooding in the United States, Washington, DC, March 29, 2019, p. 71, at https://www.nap.edu/catalog/25381/framing-the-challenge-of-urban-flooding-in-the-united-states.
106.	Katharine Hayhoe et al., eds., Chapter 2: "Our Changing Climate" in Fourth National Climate Assessment, Volume II: Impacts, Risks, and Adaptation in the United States, U.S. Global Change Research Program, 2018, pp. 88-91, at https://data.globalchange.gov/report/nca4.
107.	National Academies of Sciences, Engineering, and Medicine, Framing the Challenges of Urban Flooding in the United States, March 29, 2019, p. 71, at https://www.nap.edu/catalog/25381/framing-the-challenge-of-urban-flooding-in-the-united-states.
108.	Tal Ezer and Larry P. Atkinson, "Accelerated Flooding Along the U.S. East Coast: On the Impact of Sea Level Rise, Tides, Storms, the Gulf Stream, and the North Atlantic Oscillation," Earth's Future, vol. 2, no. 8 (August 11, 2014), pp. 362-382.
Some estimates include some types of flooding and not others; some estimates include all consequences from an event (e.g., wind damage, economic disruption costs), whereas other estimates relate more closely to flood-related costs. For example, for the 16 hurricanes from 2000 to 2015 with more than $1 billion in estimated damages, the Congressional Budget Office (CBO) found a total of $209 billion in federal discretionary funds were aimed at helping individuals, businesses, and communities address various types of hurricane damage (Congressional Budget Office, Potential Increases in Hurricane Damage in the United States: Implications for the Federal Budget, June 2016, Table 3, https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/reports/51518-hurricane-damage-onecol.pdf). Of the 16 hurricanes that CBO analyzed, the two storms with the highest percentages of federal spending were the two storms causing the most economic damage.
89110.	Flood risk reduction and flood resilience activities are not typically tracked as separate line- items in federal agencies' budget documents or reported in a consolidated format. For some types of activities that cut across many different agencies, OMB may prepare a "cross-cutcrosscut" budget. However, there is no cross-cutcrosscut budget that identifies federal flood risk reduction and resilience spending.