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Federal Policies in Floodplain Management: Navigating Rivers as Legal Battlegrounds

This session, led by Dr. Elliot Mittler, explores the complex dynamics of federal policies influencing floodplain management. Participants will examine key players in water policy, definitions of "clean water" and "endangered species," and the factors contributing to flood risk. The discussion will also address the management of navigable versus non-navigable waterways and identify what constitutes excessive federal involvement in water projects. By analyzing case studies, attendees will understand how federal laws are implemented at local levels, highlighting the evolving role of federal agencies in flood risk management and insurance.

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Federal Policies in Floodplain Management: Navigating Rivers as Legal Battlegrounds

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  1. Floodplain ManagementSESSION 22 Rivers as a Legal Battleground Federal Policies Prepared by Elliot Mittler, PhD

  2. Session 22: Federal Policies Objectives: • Identify the major players in determining water policy. • Identify what constitutes “clean water.” • Identify what constitutes an “endangered species.” • Identify what determines flood risk and expected losses from floods. • Compare the management of navigable and non-navigable waterways. • Identify what constitutes water projects being considered “pork.” • Discuss Federal policy within the context case study floodplains -- Determine how the sum of federal laws is implemented in local jurisdictions.

  3. Federal Role in Floodplain Management • Federal government increasingly most significant player in floodplain management. • State and local independent policy-making roles reduced • Local government management being replaced by mandates to implement federal laws and regulations. (FEMA’s Community Rating System (CRS) and Map Modernization program may offer more collaborative examples)

  4. Reasons for Federal Flood Insurance Reasons for the Federal government’s decision, to provide flood insurance: • Recognition that the private insurance industry would not provide flood insurance. • Floods were causing personal hardships and economic distress which required unforeseen federal disaster relief measures; • Structural preventive works, including dams and levees, were not sufficient to adequately protect against a growing flood risk.

  5. Federal Agency Responsibilities in Floodplain Management (Table 22.1)

  6. Federal Agency Responsibilities in Floodplain Management (Table 22.1 -- continued)

  7. Federal Agency Responsibilities in Floodplain Management (Table 22.1 -- continued)

  8. Discussion • Teams should be given time to discuss policy within the context case study floodplains Requirements, and • Discuss their home work assignment -- Determine how the sum of federal laws is implemented in local jurisdictions

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