Midwestern flooding in 2008 and Hurricane Katrina flooding in 2005 have enlivened interest in reducing the risk of flooding in communities across the nation. The 110 th Congress, like many earlier Congresses, is faced with numerous flood control issues, including responding to flood events and altering federal flood damage reduction, mitigation, and insurance policies. In the United States, local governments are responsible for land use and zoning decisions that direct floodplain and coastal development; however, state and federal governments also influence community and individual decisions on managing flood risk. For example, the federal government constructs some of the nation's flood control infrastructure, supports hazard mitigation actions, offers flood insurance, and provides emergency response and disaster aid for significant floods. The federal agencies most involved in flood damage reduction and flood fighting and emergency response are the U.S. Army Corps of Engineers (Corps) and the Federal Emergency Management Agency (FEMA). The Flood Control Act of 1936 (19 Stat. 1570) declared flood control a "proper" federal activity in the national interest. Section 1 of the act established the following policy:
It is hereby recognized that destructive floods upon the rivers of the United States, upsetting orderly processes and causing loss of life and property, including the erosion of lands and impairing and obstructing navigation, highways, railroads, and other channels of commerce between the States, constitute a menace to national welfare; that it is the sense of Congress that flood control on navigational waters or their tributaries is a proper activity of the Federal Government in cooperation with States, their political sub-divisions and localities thereof; that investigations and improvements of rivers and other waterways, including watersheds thereof, for flood-control purposes are in the interest of the general welfare; that the Federal Government should improve or participate in the improvement of navigable waters or their tributaries including watersheds thereof, for flood-control purposes if the benefits to whomsoever they may accrue are in excess of the estimated costs, and if the lives and social security of people are otherwise adversely affected. The 2008 midwestern floods and Hurricane Katrina have contributed to interest in fundamental reexaminations of the approach to managing floodwaters. Some of the questions raised are: Do current policies, programs, practices, and investments result in an acceptable level of aggregate risk for the nation? Do they promote wise use and investments of the nation's floodplains and coasts? Flood Management Issues in the 110th Congress

		A Legislative Response to Katrina's Lessons: Factoring in Safety

In the first omnibus Water Resources Development Act (WRDA, which is the legislative authorization vehicle for the Corps) enacted after Hurricane Katrina—WRDA 2007 ( P.L. Water Resources Priorities Report (§2032)— Ths provision requires the President submit to Congress a report by 2010 on the vulnerability of the nation to flood damages, including the risk to human life, which is to include assessments of current programs and recommendations for improvements. National Levee Safety Program (Title IV ) — This title creates a Committee on Levee Safety to make recommendations to Congress by mid-2008 for a national levee safety program; however, the committee has not yet been funded. How these changes are implemented over the next few years may affect the nature of the federal investment in flood and storm damage infrastructure and mitigation measures.
Midwestern flooding and Hurricane Katrina have raised concerns about reducing human and economic losses from flooding. In the United States, local governments are responsible for land use and zoning decisions that shape floodplain and coastal development; however, state and federal governments also influence community and individual decisions on managing flood risk. The federal government constructs some of the nation's flood control infrastructure, supports hazard mitigation, offers flood insurance, and provides emergency response and disaster aid for significant floods. In addition to constructing flood damage reduction infrastructure, state and local entities operate and maintain most of the flood control infrastructure and have initial flood-fighting responsibilities.
Prior to the Lower Mississippi River Flood of 1927, the federal role in flood control was limited. The Flood Control Act of 1936 (19 Stat. 1570) declared some flood control a "proper" federal activity. Today, the federal agencies most involved in flood control and flood fighting and emergency response are the U.S. Army Corps of Engineers (Corps) and the Federal Emergency Management Agency (FEMA).
The 110th Congress is faced with numerous flood control issues, including responding to disasters and adjusting federal flood policies. The recent midwestern floods and Hurricane Katrina have broadened interest in fundamental review of the current approach to managing floodwaters. Questions raised are: Do current policies, programs, and practices result in an acceptable level of aggregate national risk? Do they promote wise use and investments in the nation's floodplains and coasts? Do they encourage development that puts people in harm's way? Levees represent a particular challenge in that they may encourage development in flood-prone areas, but sometimes fail or are overtopped by significant storms. Hurricane Katrina brought national attention to the catastrophic consequences when structures fail or are breached. Similarly, two major midwestern floods in the span of 15 years (one in 1993 and one in 2008) have raised concerns about structures' ability to reduce or avoid flood damages and their effects on development patterns.
The 110th Congress addressed some flood issues in the first omnibus Water Resources Development Act (WRDA) enacted after Hurricane Katrina—WRDA 2007 (P.L. 110-114). For example, WRDA 2007 requires that national water resources planning avoid the unwise use of floodplains and flood-prone areas, and requires the President to report by 2010 on national vulnerability to flood damages, including the risk to human life. This report is to include assessments of current programs and recommendations for improvements. The law also creates a Committee on Levee Safety to make recommendations for a national levee safety program. How these changes are implemented over the next few years may affect the nature of federal investment in flood and storm damage infrastructure and mitigation measures.
This report provides a primer on responsibilities for flood management, describes the role of federal agencies, and discusses flood issues before the 110th Congress. The report also discusses the legislative response to Hurricane Katrina.