FEMA to Assess Impact of Proposed National Flood Insurance Program Changes

Figure courtesy FEMA

The  Federal Emergency Management Agency (FEMA) has announced its intention to prepare a "Programmatic Environmental Impact Statement" (PEIS) on its proposed National Flood Insurance Program (NFIP)modifications. Here is the Federal Register notice on the PEIS, including an opportunity for public comment (through October 9). The Notice of Intent for this PEIS was originally published in the May 16, 2012 Federal Register, and that comment period closed on July 16.  It has been reopened now until October 9. 

In 1968, the U.S. Congress created the NFIP to help provide a means for property owners to financially protect themselves from flood-related damages. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates in the NFIP. Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.

FEMA proposes to evaluate the following proposed action and alternatives in this PEIS:

1. Modify the NFIP based upon changes identified through a previously undertaken evaluation process to enhance floodplain management standards including provisions to address endangered species and habitat concerns. This is FEMA’s proposed action. 
2. Take no action, which would result in the continued administration and implementation of the NFIP as it stands today. 
3. Discontinue the NFIP, recognizing that only Congress can take this action. 
4. Request legislative authority to remove existing subsidies and cross subsidies for flood insurance policies. 
5. Modify the NFIP based upon changes identified through the evaluation process to enhance floodplain management standards including provisions to address endangered species and habitat concerns and
   request legislative authority to remove existing subsidies and cross subsidies for flood insurance policies.

The changes being considered by FEMA under Alternative 1 would result in modification of the NFIP in the following specific areas:

1. Elevation standards for new construction would be increased
2. Floodplain management standards for critical facilities would be changed
3. Restrictions on floodway development would be strengthened
4. Future conditions and residual risk in floodplain management would be integrated
5. Fill in floodplains would be discouraged, and
6. The impacts of floodplain development on the natural and beneficial functions of floodplains to include endangered and threatened species would be taken into account.

According to a FEMA notice concerning the PEIS, comments must be identified by "Docket ID FEMA-2012-0012" and submitted by one of the following two methods:

1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Please note that this notice of intent is not a rulemaking and that the Federal Rulemaking Portal is being utilized only as a mechanism for receiving comments. 
2. Mail: Regulatory Affairs Legal Division, Office of Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472-3100. 

Those seeking further information should contact Emily Blanton, FEMA, Office of Environmental Planning and Historic Preservation, 1800 South Bell Street, 7th Floor, Arlington, VA 20598-3020. Phone: (202) 646-2585. Fax: (202) 646-4033.