← Back to Bill Feed
FederalIn Committee
Federal Flood Risk Management Act of 2026
Introduced Jun 11, 2026 · Last action Jun 11, 2026 — Referred to the Committee on Financial Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Track this bill
Save bills and get alerts when status changes.
Sign in to saved bills.
Summary
The Federal Flood Risk Management Act of 2026 would require federal agencies to take steps to reduce flood risk and protect communities from flooding. This would involve evaluating the potential effects of agency actions in floodplains, considering alternatives to avoid adverse effects, and providing public notice and review of plans and proposals. The goal is to improve the nation's resilience to current and future flood risk.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9291 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9291
To establish a Federal standard in order to improve the Nation's
resilience to current and future flood risk.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2026
Mr. Mullin (for himself, Ms. McCollum, and Mr. Garamendi) introduced
the following bill; which was referred to the Committee on Financial
Services, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a Federal standard in order to improve the Nation's
resilience to current and future flood risk.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Flood Risk Management Act of
2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency or any
successor agency.
(2) Agency.--The term ``agency''--
(A) has the meaning given the term ``Executive
agency'' in section 105 of title 5, United States Code;
and
(B) does not apply to an agency that does not take
agency actions in or affecting floodplains.
(3) Agency action.--The term ``agency action''--
(A) means, with respect to an agency--
(i) acquiring, managing, and disposing of
Federal lands and facilities;
(ii) providing construction and
improvements that are undertaken, financed by,
or assisted by the Federal Government; and
(iii) conducting Federal activities and
programs that affect land use, including
planning, regulating, and licensing activities
relating to water and land resources; and
(B) does not include a military construction
project described in section 2802 of title 10, United
States Code.
(4) Base flood.--The term ``base flood'' means a flood that
has a not less than 1 percent chance of occurring in a year.
(5) Critical action.--The term ``critical action'' means
any agency action with respect to which the head of the agency
determines a slight chance of flooding would present an
unacceptable amount of risk.
(6) Emergency.--The term ``emergency'' means a situation
that would result in an unacceptable hazard to life, a
significant loss of property, or an immediate, unforeseen, and
significant economic hardship.
(7) Executive order 11988.--The term ``Executive Order
11988'' means Executive Order 11988 (42 Fed. Reg. 26951;
relating to floodplain management).
(8) Federally funded project.--The term ``federally funded
project'' means an action in which Federal funds are used, with
respect to a structure or facility, for new construction, for
substantial improvement, or to address substantial damage.
(9) Floodplain.--The term ``floodplain'' means, subject to
section 4(b)(2), the lowland and relatively flat area that
adjoins inland and coastal waters (including flood-prone areas
of offshore islands).
(10) National flood insurance program.--The term ``National
Flood Insurance Program'' means the program established under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.).
(11) Standard.--The term ``Standard'' means the Federal
Flood Risk Management Standard set forth in Appendix G to
Guidelines for Implementing Executive Order 11988, Floodplain
Management, and Executive Order 13690, Establishing a Federal
Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input, published on
October 8, 2015.
(12) Water resources council.--The term ``Water Resources
Council'' means the Council established under section 101 of
the Water Resources Planning Act (42 U.S.C. 1962a).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it should be the policy of the United States to improve
the resiliency of communities and assets of the Federal
Government against the impacts of flooding;
(2) the impacts of flooding are anticipated to increase
over time due to increased future risk and greater development
on floodplains;
(3) losses caused by flooding affect--
(A) the environment;
(B) the economic prosperity of the United States;
(C) public health and safety; and
(D) the national security of the United States;
(4) the Federal Government must take action, informed by
the best available and actionable science, to improve the
preparedness and resilience of the United States with respect
to flooding;
(5) Executive Order 11988 requires agencies to avoid--
(A) to the maximum extent practicable, the long-
and short-term adverse impacts associated with the
occupancy and modification of floodplains; and
(B) direct or indirect support of floodplain
development whenever a more practicable alternative is
available;
(6) to implement Executive Order 11988, the Federal
Government has developed processes for evaluating the impacts
of Federal actions in or affecting floodplains;
(7) in June 2013, an interagency effort to create a new
flood risk reduction standard for federally funded projects was
initiated;
(8) in establishing the standard described in paragraph
(7), the views of governors, mayors, and interested members of
the public were solicited and considered;
(9) the result of the efforts described in paragraphs (7)
and (8) is the Standard, a flexible framework to increase
resilience against flooding and help preserve the natural
values of floodplains; and
(10) enacting the Standard will ensure that agencies expand
management from the base flood level in effect as of the date
of enactment of this Act to a higher vertical elevation and a
corresponding horizontal floodplain in order to--
(A) address current and future flood risk; and
(B) ensure that federally funded projects last as
long as intended.
SEC. 4. FLOODPLAIN MANAGEMENT.
(a) In General.--The head of each agency shall provide leadership
and shall take action, when carrying out an agency action, to--
(1) reduce the risk of losses resulting from floods;
(2) minimize the impact of floods on human safety, health,
and welfare; and
(3) restore and preserve the natural and beneficial values
served by floodplains.
(b) Agency Responsibilities.--
(1) In general.--In carrying out an agency action, as
described in subsection (a), the head of each agency shall--
(A) evaluate the potential effects of any agency
action taken by the agency in a floodplain, as
determined under paragraph (2);
(B) ensure that the planning programs and budget
requests of the agency reflect consideration of flood
hazards and the management of floodplains; and
(C) prescribe procedures to implement the policies
and requirements of this Act--
(i) to the extent permitted by law; and
(ii) in accordance with the procedures
described in paragraph (3).
(2) Determination of floodplains.--The head of an agency
shall, when determining whether an agency action will take
place in a floodplain--
(A) use--
(i) the elevation and flood hazard area, as
determined by--
(I) a climate-informed science
approach that--
(aa) uses the best
available actionable hydrologic
and hydraulic data and methods;
(bb) integrates current and
future changes in flooding
based on climate science;
(cc) includes an emphasis
on whether the agency action is
a critical action; and
(dd) takes into
consideration changes over the
lifetime of the project that is
the subject of the agency
action;
(II) the freeboard value, reached
by adding an additional--
(aa) 2 feet to the base
flood elevation for an agency
action that is not a critical
action; and
(bb) 3 feet to the base
flood elevation for an agency
action that is a critical
action; or
(III) any other method that is
identified in any amendment made to
this Act; or
(ii) an area that has a 0.2 percent chance
of flooding in a year; and
(B) rely on--
(i) the best available information; and
(ii) the Flood Insurance Rate Map published
by the Administrator for the community in which
the agency action shall take place.
(3) Procedures.--The procedures described in this paragraph
are as follows:
(A) Before an agency takes an agency action, the
head of the agency shall determine under paragraph (2)
whether the proposed agency action will take place in a
floodplain.
(B) If an agency action described in subparagraph
(A) may have a significant effect on the quality of the
human environment, the evaluation required under
paragraph (5) shall be included in any statement
prepared under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(C) If the head of an agency has determined to, or
proposes to, conduct, support, or allow an agency
action that will take place in a floodplain, as
determined under paragraph (2), the head of the agency
shall--
(i) consider alternatives in order to avoid
adverse effects and incompatible development in
the floodplain;
(ii) when possible, rely on natural
systems, ecosystem processes, and nature-based
approaches when considering alternatives under
clause (i);
(iii) if the head of the agency determines
that the only practicable alternative
consistent under law, including the
requirements of this Act, requires taking an
agency action in a floodplain, before taking
the agency action--
(I) design or modify the agency
action to minimize potential harm to or
within the floodplain consistent with
regulations issued under paragraph (6);
and
(II) prepare and distribute a
notice that contains an explanation
with respect to why the agency action
shall take place in the floodplain;
(iv) send a notice to all State, local, and
Tribal governments with respect to the
geographic areas that are affected by the
agency action that--
(I) is not more than 3 pages long;
(II) includes--
(aa) a location map;
(bb) the reasons why the
agency action shall occur in a
floodplain;
(cc) a statement indicating
whether the agency action
conforms to applicable State or
local floodplain protection
standards; and
(dd) a list of the
alternatives to the agency
action that the head of the
agency considered; and
(III) allows for a brief comment
period before the head of the agency
may take the agency action; and
(v) provide the opportunity for early
public review of any plan or proposal for the
agency action, including the development of
procedures for any Federal action the impact of
which is not significant enough to require the
preparation of a statement under section
102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Requests for authorizations and appropriations.--The
head of an agency, when making any request to the Director of
the Office of Management and Budget for a new authorization or
for appropriations, shall indicate, if an agency action to be
proposed shall take place in a floodplain, as determined under
paragraph (2), whether the agency action complies with this
Act.
(5) Water and land use plans.--
(A) In general.--The head of an agency, when
formulating or evaluating any water and land use plan,
shall--
(i) take floodplain management into
account; and
(ii) require the use of land and water
resources that are appropriate when compared
with the degree of hazard that is involved.
(B) Considerations.--The head of each agency
shall--
(i) provide for the adequate evaluation and
consideration of flood hazards with respect to
the regulations and operating procedures for
the licenses, permits, and loan or grant
programs administered by the agency; and
(ii) with respect to an applicant for a
license, permit, loan, or grant that is issued
or administered by the agency, encourage, and
provide appropriate guidance to, the applicant
to evaluate, before submitting the application,
the effects that the application, if granted,
would have on floodplains.
(6) Regulations and procedures.--To the extent permitted by
law, the head of each agency shall, in consultation with the
Water Resources Council, the Federal Interagency Floodplain
Management Task Force, the Administrator, and the Council on
Environmental Quality--
(A) issue regulations, or amend regulations that
are in effect as of the date of enactment of this Act,
to comply with the requirements of this Act; and
(B) amend the regulations described in subparagraph
(A) as warranted.
(c) Annual Reassessment.--The Mitigation Framework Leadership
Group, in consultation with the Federal Interagency Floodplain
Management Task Force, shall--
(1) annually reassess the implementation of the
requirements imposed under this section; and
(2) provide recommendations to the Water Resources Council
for updates to the requirements imposed under this section that
are warranted based on accurate and actionable science that
takes into account changes to climate and other changes in
flood risk.
SEC. 5. FEDERAL FLOOD RISK MANAGEMENT STANDARD.
(a) In General.--The head of an agency shall--
(1) except as provided in subsection (b), with respect to a
federally funded project undertaken by the agency, ensure that
the agency complies with the Standard; and
(2) if the agency has responsibility for the administration
or management of Federal real property and facilities, in
addition to the requirements under section 4 and paragraph
(1)--
(A) require the construction of Federal structures
and facilities to comply with--
(i) the regulations and procedures issued
under section 4(b)(6); and
(ii) any regulations issued under the
National Flood Insurance Program unless those
regulations are demonstrably inappropriate for
a structure or facility;
(B) apply accepted floodproofing and other flood
protection measures to the construction or
rehabilitation of a structure or facility that is
located in a floodplain;
(C) when practicable, elevate a structure above the
floodplain instead of filling in land;
(D) provide on structures and, where appropriate,
other pieces of property a conspicuous delineation of
past and probable flood height--
(i) if the structure or other property--
(I) is used by the general public;
and
(II)(aa) has suffered flood damage;
or
(bb) is in an identified flood
hazard area; and
(ii) in order to enhance public awareness
of, and knowledge about, flood hazards; and
(E) when Federal property in a floodplain is
proposed for lease, easement, right-of-way, or disposal
to a non-Federal public or private party--
(i) reference in the conveyance those uses
that are restricted under Federal, State, or
local regulations relating to floodplains; and
(ii)(I) except where prohibited by law,
attach any other appropriate restrictions to
the uses of the property by the grantee or
purchaser, as applicable, and any successors;
or
(II) withhold the property from conveyance.
(b) Exemption.--
(1) In general.--The head of an agency may exempt a
federally funded project from the requirement under subsection
(a)(1) if--
(A) the exemption is in the interest of national
security; or
(B) the undertaking of the federally funded project
is because of an emergency.
(2) Notice.--The head of an agency shall publish in the
Federal Register notice of any exemption used by the agency
under paragraph (1)(B), which shall include factual findings in
support of the exemption.
(c) Updates.--Not less frequently than once every 5 years, the
Water Resources Council shall update the Standard, as determined
appropriate by the Water Resources Council.
SEC. 6. FINANCIAL TRANSACTIONS IN AREAS SUBJECT TO FLOODING.
In addition to any responsibilities under this Act and sections
102, 202, and 205 of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a, 4106, 4128), the head of any agency that guarantees,
approves, regulates, or insures any financial transaction relating to
an area that is subject to a base flood shall, before completing any
action relating to that transaction, inform any private parties that
are participating in the transaction about the hazards of locating a
structure in that area.
SEC. 7. REPORTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the head of each agency shall submit to the Council on
Environmental Quality a report regarding how the requirements of this
Act impact the procedures and operations of the agency.
(b) Analysis of Standard.--Each report submitted under subsection
(a) shall contain a separate analysis regarding how the requirement
under section 5(a)(1) has impacted the agency.
(c) Evaluation.--Not less frequently than once every 2 years, the
Water Resources Council shall--
(1) evaluate the procedures, including the effectiveness of
the procedures, of each agency relating to the requirements of
this Act, taking into account each report submitted under
subsection (a); and
(2) submit to the appropriate committees of Congress a
report that contains the result of the evaluation required
under paragraph (1).
SEC. 8. GENERAL PROVISIONS.
(a) Rules of Construction.--Nothing in this Act may be construed--
(1) as applying to assistance that is provided for
emergency work that is--
(A) performed under sections 403 and 502 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b, 5192); and
(B) essential to--
(i) save human life; and
(ii) protect--
(I) property; and
(II) public health and safety; or
(2) to impair or otherwise affect--
(A) the authority granted by law to an agency or
the head of an agency; or
(B) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) Implementation.--This Act shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) Responsibilities of Water Resources Council.--Except as
otherwise expressly provided, the Water Resources Council shall carry
out the responsibilities of the Council under this Act in consultation
with the Mitigation Framework Leadership Group.
SEC. 9. ASSUMPTION OF RESPONSIBILITIES.
If subparagraphs (A), (B), and (C) of section 4(b)(3) apply to a
project to which section 104(h) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304(h)) applies, an appropriate
applicant may assume the responsibilities under those subparagraphs if
the applicant has also assumed, with respect to the project, all
responsibilities for environmental review, decision making, and action
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Topics
Energy & EnvironmentGovernment OperationsInfrastructure
Sponsors
- Rep. Mullin, Kevin [D-CA-15]DHouseCA
Votes
Voting records are not yet available for this bill.