Federal Flood Risk Management Act of 2026
- Bill Number
- S. 4757
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Emergency Management
- Status
- Introduced
- Latest Action
- 2026-06-11: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- Last Updated
- 2026-07-09T21:22:41Z
AI-Generated Summary
Summary of S. 4757: Federal Flood Risk Management Act of 2026
Purpose
This legislation establishes a statutory Federal standard for floodplain management to enhance national resilience against current and future flood risks. It directs federal agencies to avoid or minimize adverse impacts from agency actions in floodplains, integrate climate-informed data, and ensure federally funded projects account for elevated flood hazards over their intended lifespan.
Key Provisions
- Definitions: Establishes terms including "base flood" (1% annual chance), "critical action" (actions where flooding poses unacceptable risk), "floodplain," and the "Standard" (the 2015 Federal Flood Risk Management Standard from prior guidelines).
- Agency Responsibilities: Requires agency heads to evaluate potential effects of actions in floodplains, incorporate flood hazards into planning and budgets, and follow specific procedures for alternatives analysis, public notices, and minimization of harm.
- Floodplain Determination: Mandates use of one of three approaches: a climate-informed science method (incorporating future changes), freeboard elevation (adding 2 feet for non-critical actions or 3 feet for critical actions to base flood level), or the 0.2% annual chance flood area, relying on best available data and Flood Insurance Rate Maps.
- Federal Flood Risk Management Standard: Requires compliance with the Standard for all federally funded projects involving new construction, substantial improvements, or damage repairs, with exemptions only for national security or emergencies (with Federal Register notice for the latter).
- Additional Requirements: Directs elevation of structures over filling land where practicable, floodproofing measures, public delineation of flood heights, and restrictions on conveyance of federal floodplain property; also requires informing parties in financial transactions about flood hazards.
- Updates and Oversight: Directs the Water Resources Council to update the Standard at least every 5 years and reassess implementation annually; mandates agency reports to the Council on Environmental Quality and biennial evaluations to Congress.
- Exemptions and Limitations: Does not apply to certain emergency disaster relief work or military construction projects; implementation is subject to appropriations and existing law.
Significant Changes to Existing Law
- Codifies into statute the Federal Flood Risk Management Standard and related processes previously outlined in Executive Order 11988 and associated guidelines, expanding floodplain management beyond the base flood elevation to account for future risks.
- Introduces mandatory use of climate-informed science or freeboard values in agency decision-making, replacing or supplementing prior base flood standards.
- Establishes new procedural requirements for public notices, alternatives analysis, and property conveyance restrictions not previously codified at this level.
Potential Impacts
- On Government Agencies: Increases administrative burdens for federal agencies through expanded evaluations, reporting, and compliance with higher elevation standards for projects and property management.
- On Citizens: May improve long-term flood resilience and safety in affected areas but could raise costs or delay federally funded infrastructure and development projects.
- On International Relations: No direct provisions or impacts identified in the legislation.
Main Stakeholders Affected
- Federal agencies (Executive agencies involved in land use, construction, or funding).
- State, local, and Tribal governments (through consultation and notices on affected areas).
- Private parties and applicants (for licenses, permits, loans, grants, or financial transactions in floodplains).
- Communities and property owners in flood-prone areas.
Notable Legal, Constitutional, or Political Implications
- Integrates climate science into federal decision-making, potentially raising questions about the scope of agency authority under existing environmental statutes like the National Environmental Policy Act.
- Includes rules of construction to preserve agency authority and avoid impairment of budgetary functions, while allowing assumption of responsibilities by certain applicants under housing laws.
- Requires consistency with applicable law and appropriations, with no explicit constitutional references.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Schatz, Brian [D-HI], Sen. Booker, Cory A. [D-NJ]
Recent Actions
- 2026-06-11: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2026-06-11: Introduced in Senate
Bill Versions
- Federal Flood Risk Management Act of 2026 — issued 2026-06-11 — PDF (20 pages)