H.R. 9291

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9291 Introduced in House (IH)]

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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.).
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