Page:United States Statutes at Large Volume 110 Part 5.djvu/601

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PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3675 "(b) FLOOD PLAIN MANAGEMENT PLANS. —Within 1 year after the date of signing a project cooperation agreement for construction of a project to which subsection (a) apphes, the non-Federal interest shall prepare a flood plain management plan designed to reduce the impacts of future flood events in the project area. Such plan shall be implemented by the non-Federal interest not later than 1 year after completion of construction of the project. "(c) GUIDELINES. — "(1) IN GENERAL.— Within 6 months after the date of the enactment of this subsection, the Secretary shall develop guidelines for preparation of floodplain management plans by non- Federal interests under subsection (b). Such guidelines shall address potential measures, practices, and policies to reduce loss of life, injuries, damages to property and facilities, public expenditures, and other adverse impacts associated with flooding and to preserve and enhance natural floodplain values. " (2) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this subsection shall be construed to confer any regulatory authority upon the Secretary or the Director of the Federal Emergency Management Agency. "(d) TECHNICAL SUPPORT. — The Secretary may provide technical support to a non-Federal interest for a project to which subsection (a) applies for the development and implementation of plans prepared under subsection (b).". (2) APPLICABILITY.—The amendment made by paragraph 33 USC 70ib-i2 (1) shall apply to any project or separable element thereof ^^ote. with respect to which the Secretary and the non-Federal interest have not entered into a project cooperation agreement on or before the date of the enactment of this Act. (d) NONSTRUCTURAL FLOOD CONTROL POLICY.— 33 USC 70ib-ii (1) REVIEW.— The Secretary shall conduct a review of poli- note. cies, procedures, and techniques relating to the evaluation and development of flood control measures with a view toward identifying impediments that may exist to justifying nonstructural flood control measures as alternatives to structural measures. (2) REPORT.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the findings of the review conducted under this subsection, together with any recommendations for modifying existing law to remove any impediments identified under such review. (e) EMERGENCY RESPONSE.— Section 5(a)(1) of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved August 18, 1941 (33 U.S.C. 701n(a)(l)), is amended by inserting before the first semicolon the following: ", or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor". (f) LEVEE OWNERS MANUAL.—Section 5 of such Act of August 18, 1941 (33 U.S.C. 701n), is amended by adding at the end the following: " (c) LEVEE OWNERS MANUAL.— "(1) IN GENERAL.—Not later than 1 year afler the date of the enactment of this subsection, in accordance with chapter 5 of title 5, United States Code, the Secretary of the Army