/* Written  4:40 pm  May 23, 1995 by afmgr@osiris.cso.uiuc.edu in osiris:subject.regs.orders */
/* ---------- "Executive Order 11988" ---------- */



HISTORY:   May 24, 1977; 42 FR 26951, 3 CFR, 1977 Comp., p. 117; 
Amended by Executive Order 12148, July 20, 1979; 44 FR 43239, 3 CFR, 
1979 Comp., p. 412 

[EDITOR'S NOTE:  Executive Order 12148 --Federal Emergency Management, 
July 20, 1979, substituted "Director of the Federal Emergency Management 
Agency" for "Federal Insurance Administration" in Section 2(d).]

   By virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, and as President of the United 
States of America, in furtherance of the National Environmental Policy 
Act of 1969, as amended (42 USC 4321 et seq.), the National Flood 
Insurance Act of 1968,  as amended (42 USC 4001 et seq.), and the Flood 
Disaster Protection Act of 1973 (Public Law 93-234, 87 Stat. 975), in 
order to avoid to the extent possible the long and short term adverse 
impacts associated with the occupancy and modification of floodplains 
and to avoid direct or indirect support of floodplain development 
wherever there is a practicable alternative, it is hereby ordered as 

Section 1.

   Each agency shall provide leadership and shall take action to reduce 
the risk of flood loss, to minimize the impact of floods on human 
safety, health and welfare, and to restore and preserve the natural and 
beneficial values served by floodplains in carrying out its 
responsibilities for (1) acquiring, managing, and disposing of Federal 
lands and facilities; (2) providing Federally undertaken, financed, or 
assisted construction and improvements; and (3) conducting Federal 
activities and programs affecting land use, including but not limited to 
water and related land resources planning, regulating, and licensing 

Sec. 2.

   In carrying out the activities described in Section 1 of this Order, 
each agency has a responsibility to evaluate the potential effects of 
any actions it may take in a floodplain; to ensure that its planning 
programs and budget requests reflect consideration of flood hazards and 
floodplain management; and to prescribe procedures to implement the 
policies and requirements of this Order, as follows: 

   (a)(1) Before taking an action, each agency shall determine whether 
the proposed action will occur in a floodplain -- for major Federal 
actions significantly affecting the quality of the human environment, 
the evaluation required below will be included in any statement prepared 
under Section 102(2)(C) of the National Environmental Policy Act. This 
determination shall be made according to a Department of Housing and 
Urban Development (HUD) floodplain map or a more detailed map of an 
area, if available. If such maps are not available, the agency shall 
make a determination of the location of the floodplain based on the best 
available information. The Water Resources Council shall issue guidance 
on this information not later than October l, 1977. 

   (2) If an agency has determined to, or proposes to, conduct, support, 
or allow an action to be located in a floodplain, the agency shall 
consider alternatives to avoid adverse effects and incompatible 
development in the floodplains. If the head of the agency finds that the 
only practicable alternative consistent with the law and with the policy 
set forth in this Order requires siting in a floodplain, the agency 
shall, prior to taking action, (i) design or modify its action in order 
to minimize potential harm to or within the floodplain, consistent with 
regulations issued in accord with Section 2(d) of this Order, and (ii) 
prepare and circulate a notice containing an explanation of why the 
action is proposed to be located in the floodplain. 

   (3) For programs subject to the Office of Management and Budget 
Circular A-95, the agency shall send the notice, not to exceed three 
pages in length including a location map, to the state and areawide A-95 
clearinghouses for the geographic areas affected. The notice shall 
include: (i) the reasons why the action is proposed to be located in a 
floodplain; (ii) a statement indicating whether the action conforms to 
applicable state or local floodplain protection standards and (iii) a 
list of the alternatives considered. Agencies shall endeavor to allow a 
brief comment period prior to taking any action. 

   (4) Each agency shall also provide opportunity for early public 
review of any plans or proposals for actions in floodplains, in 
accordance with Section 2(b) of Executive Order No. 11 514, as amended, 
including the development of procedures to accomplish this objective for 
Federal actions whose impact is not significant enough to require the 
preparation of an environmental impact statement under Section 102(2)(C) 
of the National Environmental Policy Act of 1969, as amended. 

   (b) Any requests for new authorizations or appropriations transmitted 
to the Office of Management and Budget shall indicate, if an action to 
be proposed will be located in a floodplain, whether the proposed action 
is in accord with this Order. 

   (c) Each agency shall take floodplain management into account when 
formulating or evaluating any water and land use plans and shall require 
land and water resources use appropriate to the degree of hazard 
involved. Agencies shall include adequate provision for the evaluation 
and consideration of flood hazards in the regulations and operating 
procedures for the licenses, permits, loan or grants-in-aid programs 
that they administer. Agencies shall also encourage and provide 
appropriate guidance to applicants to evaluate the effects of their 
proposals in floodplains prior to submitting applications for Federal 
licenses, permits, loans or grants. 

   (d) As allowed by law, each agency shall issue or amend existing 
regulations and procedures within one year to comply with this Order. 
These procedures shall incorporate the Unified National Program for 
Floodplain Management of the Water Resources Council, and shall explain 
the means that the agency will employ to pursue the nonhazardous use of 
riverine, coastal and other floodplains in connection with the 
activities under its authority. To the extent possible, existing 
processes, such as those of the Council on Environmental Quality and the 
Water Resources Council, shall be utilized to fulfill the requirements 
of this Order. Agencies shall prepare their procedures in consultation 
with the Water Resources Council, the Director of the Federal Emergency 
Management Agency, and the Council on Environmental Quality, and shall 
update such procedures as necessary. 

Sec. 3.

   In addition to the requirements of Section 2, agencies with 
responsibilities for Federal real property and facilities shall take the 
following measures: 

   (a) The regulations and procedures established under Section 2(d) of 
this Order shall, at a minimum, require the construction of Federal 
structures and facilities to be in accordance with the standards and 
criteria and to be consistent with the intent of those promulgated under 
the National Flood Insurance Program. They shall deviate only to the 
extent that the standards of the Flood Insurance Program are 
demonstrably inappropriate for a given type of structure or facility. 

   (b) If, after compliance with the requirements of this Order, new 
construction of structures or facilities are to be located in a 
floodplain, accepted floodproofing and other flood protection measures 
shall be applied to new construction or rehabilitation. To achieve flood 
protection, agencies shall, wherever practicable, elevate structures 
above the base flood level rather than filling in land. 

   (c) If property used by the general public has suffered flood damage 
or is located in an identified flood hazard area, the responsible agency 
shall provide on structures, and other places where appropriate, 
conspicuous delineation of past and probable flood height in order to 
enhance public awareness of and knowledge about flood hazards. 

   (d) When property in floodplains is proposed for lease, easement, 
right-of-way, or disposal to non-Federal public or private parties, the 
Federal agency shall (1) reference in the conveyance those uses that are 
restricted under identified Federal, State or local floodplain 
regulations; and (2) attach other appropriate restrictions to the uses 
of properties by the grantee or purchaser and any successors, except 
where prohibited by law; or (3) withhold such properties from 

Sec. 4. 

   In addition to any responsibilities under this Order and Sections 202 
and 205 of the Flood Disaster Protection Act of 1973, as amended (42 
U.S.C. 4106 and 4128), agencies which guarantee, approve, regulate, or 
insure any financial transaction which is related to an area located in 
a floodplain shall, prior to completing action on such transaction, 
inform any private parties participating in the transaction of the 
hazards of locating structures in the floodplain. 

Sec. 5.

   The head of each agency shall submit a report to the Council on 
Environmental Quality and to the Water Resources Council on June 30, 
1978, regarding the status of their procedures and the impact of this 
Order on the agency's operations. Thereafter, the Water Resources 
Council shall periodically evaluate agency procedures and their 

Sec. 6.

   As used in this Order:  (a) The term "agency" shall have the same 
meaning as the term "Executive agency" in Section 105 of Title 5 of the 
United States Code and shall include the military departments; the 
directives contained in this Order, however, are meant to apply only to 
those agencies which perform the activities described in Section l which 
are located in or affecting floodplains. 

   (b) The term "base flood" shall mean that flood which has a one 
percent or greater chance of occurrence in any given year. 

   (c) The term "floodplain" shall mean the lowland and relatively flat 
areas adjoining inland and coastal waters including floodprone areas of 
offshore islands, including at a minimum, that area subject to a one 
percent or greater chance of flooding in any given year. 

Sec. 7.

   Executive Order No. 11296 of August 10, 1966, is hereby revoked. All 
actions, procedures, and issuances taken under that Order and still in 
effect shall remain in effect until modified by appropriate authority 
under the terms of this Order. 

Sec. 8.

   Nothing in this Order shall apply to assistance provided for 
emergency work essential to save lives and protect property and public 
health and safety, performed pursuant to Sections 305 and 306 of the 
Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146). 

Sec. 9.

   To the extent the provisions of Section 2(a) of this Order are 
applicable to projects covered by Section 104(h) of the Housing and 
Community Development Act of 1974, as amended (88 Stat. 640, 42 U.S.C. 
5304(h)), the responsibilities under those provisions may be assumed by 
the appropriate applicant, if the applicant has also assumed, with 
respect to such projects, all of the responsibilities for environmental 
review, decisionmaking, and action pursuant to the National 
Environmental Policy Act of l969, as amended. 

May 24, 1977

/* End of text from osiris:subject.regs.orders */