A Guide to the Flood Control Act Requirements, Process, and Compliance

The Flood Control Act, a crucial piece of legislation in the broader framework of water resources management in the United States, plays a vital role in reducing flood risks and minimizing the devastating impacts of floods on communities and infrastructure. This comprehensive guide delves into the key aspects of the Act, providing a clear and accessible resource for understanding its regulatory scope, compliance requirements, and enforcement mechanisms. Learn about the specific activities and entities regulated under the Act, the prohibited substances and practices, and the environmental resources protected by its provisions. Explore the Act's relationship with other federal, state, and local regulations, and discover the various assistance programs and incentives available to support compliance efforts. With a focus on the Act's legislative history, recent amendments, and potential future changes, this guide offers valuable insights into the evolving landscape of flood control regulation in the United States.

GENERAL INFORMATION

Key Details of the Flood Control Act

Issuing Agency: United States Army Corps of Engineers

Year Established: 1936

Last Amended: 1960

Statutory Authority: Flood Control Act

Primary Legal Reference: Title 33 of the United States Code, Sections 701a-701f

What is the Flood Control Act?

The Flood Control Act is a federal regulation that falls under the broader framework of water resources management in the United States. It was enacted in response to the devastating floods of the early 20th century, which caused significant loss of life and property damage¹. The primary goal of the Flood Control Act is to reduce the risk of flooding and minimize the impact of floods on communities and infrastructure.

The United States Army Corps of Engineers (USACE) is the primary agency responsible for administering and enforcing the Flood Control Act. The Act has undergone several amendments since its initial enactment in 1936, with the most significant changes occurring in 1960².

The Flood Control Act achieves its goals through various mechanisms, including the construction and maintenance of levees, dams, and other flood control structures. The regulation also provides for the development of flood control plans and the acquisition of land for flood control projects³.

The Act applies to all navigable waters in the United States and their tributaries, as well as any areas that may contribute to flooding in these waterways⁴.

What does the Flood Control Act protect?

The Flood Control Act protects communities, infrastructure, and natural resources from the devastating effects of flooding. By regulating the construction and maintenance of flood control structures, such as levees and dams, the Act helps to minimize the risk of flood damage to homes, businesses, and public facilities⁵. The regulation also protects natural resources, such as wetlands and riparian habitats, by requiring that flood control projects be designed and constructed in an environmentally sensitive manner⁶.

REGULATORY SCOPE & JURISDICTION

Regulated Activities, Entities & Prohibited Substances

The Flood Control Act regulates activities and entities involved in the construction, operation, and maintenance of flood control projects, such as dams, levees, and other structures designed to manage and prevent flooding. The Act primarily applies to federal agencies, such as the U.S. Army Corps of Engineers, and their contractors or partners involved in flood control projects.

Prohibited activities and substances under the Flood Control Act include:

1. Unauthorized construction or modification of flood control structures without proper approval and permits from the U.S. Army Corps of Engineers.
2. Interference with or obstruction of flood control projects, such as dumping debris or waste materials near dams or levees.
3. Failure to comply with the terms and conditions of permits issued under the Act, such as maintaining structures according to approved plans and specifications.
4. Discharge of pollutants or hazardous substances into waters or areas protected by flood control projects, which could compromise their integrity or effectiveness.

These prohibitions are designed to ensure the proper functioning and safety of flood control projects, protect public health and property, and minimize the environmental impacts of flooding and flood control activities.

Key Sections of the Flood Control Act

Section 3 - Flood Control Projects

• Purpose: Authorizes the U.S. Army Corps of Engineers to construct, operate, and maintain flood control projects, such as dams, levees, and other structures, to manage and prevent flooding.⁷
• Key Requirements: Projects must be approved by Congress and comply with the Act's provisions, including obtaining necessary permits, conducting environmental assessments, and following approved plans and specifications.⁸
• Significance: This section establishes the legal framework for federal flood control projects and sets the stage for compliance obligations related to these projects.
• Compliance Strategies: Developers and consultants should work closely with the U.S. Army Corps of Engineers to ensure that their projects align with the requirements of Section 3 and obtain necessary approvals and permits.
• Associated Processes: Environmental impact assessments, permit applications, and regular inspections and maintenance of flood control structures are important processes under this section.⁹

Relationship to Other Regulations & Agencies

The Flood Control Act interacts with several other federal, state, and local regulations and agencies:

• The U.S. Army Corps of Engineers is the primary federal agency responsible for implementing and enforcing the Flood Control Act, in coordination with other agencies such as the Federal Emergency Management Agency (FEMA) and the Environmental Protection Agency (EPA).¹⁰
• The National Environmental Policy Act (NEPA) requires environmental impact assessments for major federal actions, including flood control projects under the Flood Control Act.¹¹
• The Clean Water Act (CWA) regulates discharges of pollutants into waters of the United States, which may include waters protected by flood control projects. The U.S. Army Corps of Engineers and the EPA share responsibility for enforcing the CWA.¹²
• State and local agencies, such as state environmental protection departments and local planning and zoning boards, may have additional regulations and permitting requirements that apply to flood control projects and related activities.¹³

Developers, environmental consultants, and other stakeholders must navigate this complex web of regulations and agencies to ensure compliance with the Flood Control Act and related requirements. Effective communication and coordination among different agencies and stakeholders are essential for successful project planning and implementation.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Flood Control Act and its implementing regulations establish various standards and limitations to minimize the risk of flooding and ensure proper management of flood control projects. These standards include:

1. Design Standards: All flood control structures must be designed to withstand a specific level of flooding, typically based on historical flood data and hydrological models. For example, levees must be constructed to safely contain the "base flood" or "100-year flood" event.¹⁴

2. Maintenance Requirements: Owners and operators of flood control structures are required to maintain them in good condition and ensure they continue to function as designed. This includes regular inspections, repairs, and upgrades as necessary.¹⁵

3. Land Use Restrictions: The Act imposes limitations on land use activities within floodplains to minimize the potential for flood damage. This may include restrictions on construction, fill placement, or other activities that could alter the natural flow of floodwaters.¹⁶

These standards are implemented through a combination of federal oversight, state and local regulations, and permit conditions. The U.S. Army Corps of Engineers (USACE) is the primary federal agency responsible for enforcing these standards, in coordination with state and local authorities.¹⁷

Monitoring, Reporting & Recordkeeping Obligations

Under the Flood Control Act, owners and operators of flood control structures have various monitoring, reporting, and recordkeeping obligations, including:

1. Inspection Reports: Regular inspections of flood control structures must be conducted by qualified personnel, and detailed inspection reports must be submitted to the USACE. These reports typically include information on the condition of the structure, any deficiencies noted, and corrective actions taken or planned.¹⁸

2. Maintenance Records: Owners and operators must maintain records of all maintenance activities performed on flood control structures, including the date, scope, and cost of each activity. These records must be retained for a specified period (e.g., 5-10 years) and made available to the USACE upon request.¹⁹

3. Flood Event Data: During and after significant flood events, owners and operators may be required to collect and report data on water levels, flow rates, and other hydrological parameters to help assess the performance of the flood control system and identify areas for improvement.²⁰

These obligations are critical for ensuring the ongoing effectiveness and safety of flood control structures and providing transparency to regulators and the public.

Enforcement Actions & Penalties

The USACE is responsible for monitoring compliance with the Flood Control Act through various inspection and audit procedures:

During inspections, owners and operators are required to provide access to the flood control structure and all relevant records. The USACE may also conduct interviews with personnel and collect samples or measurements as necessary.²¹

Violations of the Flood Control Act can result in various penalties, depending on the nature and severity of the violation:

The severity of the penalty is influenced by factors such as the potential for harm, the violator's history of compliance, and the economic benefit derived from the violation.²²

Compliance Assistance & Regulatory Incentives

Several programs and resources are available to help entities understand and comply with the Flood Control Act:

1. Technical Assistance: The USACE provides guidance documents, engineering manuals, and other technical resources to help owners and operators design, construct, and maintain flood control structures in compliance with regulatory standards.²³

2. Training and Workshops: The USACE and industry groups offer periodic training sessions and workshops to educate stakeholders on best practices for flood control structure management and regulatory compliance.²⁴

3. Funding Opportunities: Federal and state agencies may offer grants, loans, or other financial assistance to help communities and private entities construct or upgrade flood control structures to meet regulatory requirements.²⁵

4. Partnership Programs: The USACE's Rehabilitation and Inspection Program (RIP) provides federal assistance for the rehabilitation of certain non-federal flood control structures in partnership with local sponsors. Participation in the RIP requires a commitment to ongoing maintenance and compliance with USACE standards.²⁶

Entities interested in these programs should contact their local USACE district office or visit the USACE website for more information on eligibility, application processes, and potential benefits.

ADDITIONAL RESOURCES

Regulatory History & Upcoming Changes

The Flood Control Act has a rich legislative history, with several major amendments that have shaped its implementation and effectiveness over the years. The original Flood Control Act was enacted in 1917, marking the first comprehensive federal legislation aimed at controlling floods and managing water resources in the United States.²⁷

One of the most significant amendments to the Flood Control Act was the Flood Control Act of 1936, which established a national policy for flood control and authorized the construction of numerous flood control projects across the country.²⁸ This amendment was driven by the devastating floods of the early 1930s, particularly the Great Mississippi Flood of 1927, which highlighted the need for a more coordinated and proactive approach to flood management.²⁹

Another notable amendment was the Flood Control Act of 1944, also known as the Pick-Sloan Flood Control Act. This amendment authorized the construction of several large-scale flood control and water resource development projects in the Missouri River Basin, including the construction of five major dams and reservoirs.³⁰ The Act was a response to the severe flooding and drought conditions that plagued the region in the early 1940s, and it aimed to provide a comprehensive solution to the region's water management challenges.³¹

In recent years, there have been several proposed changes and amendments to the Flood Control Act, primarily focused on modernizing the nation's flood control infrastructure and improving the resilience of communities to future flood events. For example, the Water Resources Development Act (WRDA) of 2020, which was signed into law in December 2020, included several provisions related to the Flood Control Act, such as authorizing new flood control projects and providing funding for the rehabilitation of existing flood control infrastructure.³²

To stay informed about upcoming changes and amendments to the Flood Control Act, stakeholders can:

1. Monitor the activities of the U.S. Army Corps of Engineers (USACE), the primary federal agency responsible for implementing the Flood Control Act, through their website and public outreach efforts.³³
2. Follow relevant congressional committees, such as the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works, which have jurisdiction over water resources legislation.³⁴
3. Engage with industry associations and advocacy groups focused on water resources and flood management issues, such as the Association of State Floodplain Managers (ASFPM) and the National Association of Flood and Stormwater Management Agencies (NAFSMA).³⁵

Additional Resources

1. Full text of the Flood Control Act and its amendments:

   • Flood Control Act of 1917: https://www.loc.gov/law/help/statutes-at-large/65th-congress/session-1/c65s1ch144.pdf ³⁶
   • Flood Control Act of 1936: https://www.loc.gov/law/help/statutes-at-large/74th-congress/session-2/c74s2ch688.pdf ³⁷
   • Flood Control Act of 1944: https://www.usbr.gov/power/legislation/fldcntra.pdf ³⁸

2. U.S. Army Corps of Engineers (USACE) resources:

   • USACE Flood Risk Management Program: https://www.iwr.usace.army.mil/Missions/Flood-Risk-Management/ - Provides an overview of USACE's flood risk management activities and resources.³⁹
   • USACE National Levee Database: https://levees.sec.usace.army.mil/#/ - An interactive database of levees in the United States, including information on their location, condition, and risk level.⁴⁰

3. Federal Emergency Management Agency (FEMA) resources:

   • FEMA Flood Map Service Center: https://msc.fema.gov/portal/home - Provides access to official flood hazard information and maps.⁴¹
   • FEMA National Flood Insurance Program (NFIP): https://www.fema.gov/flood-insurance - Offers information on flood insurance, including how to obtain coverage and how to file a claim.⁴²

4. Industry associations and advocacy groups:

   • Association of State Floodplain Managers (ASFPM): https://www.floods.org/ - A professional association focused on promoting education, policies, and activities that mitigate current and future losses from flooding.⁴³
   • National Association of Flood and Stormwater Management Agencies (NAFSMA): https://www.nafsma.org/ - An organization representing public agencies and practitioners working in flood and stormwater management.⁴⁴

5. Academic resources:

   • "Flood Risk Management in the United States: An Assessment of Current and Future Challenges" by the National Academies of Sciences, Engineering, and Medicine: https://www.nap.edu/catalog/25579/flood-risk-management-in-the-united-states-an-assessment-of-current-and-future-challenges - A comprehensive report examining the current state of flood risk management in the U.S. and recommending strategies for improving resilience to future flood events.⁴⁵

These resources provide valuable information and insights into the Flood Control Act, its implementation, and its impact on flood risk management in the United States. They can serve as a starting point for stakeholders seeking to deepen their understanding of the regulation and stay informed about ongoing developments in the field.