National Academies Press: OpenBook

Levees and the National Flood Insurance Program: Improving Policies and Practices (2013)

Chapter: Appendix G: FEMA Procedure Memorandums 34, 43, and 53

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Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×
Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

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MEMORANDUM FOR: Regional Directors
Regions I - X
 
FROM: image
David I. Maurstad, Acting Directior
Mitigation Division

SUBJECT: Procedure Memorandum 34—Interim Guidance for Studies Including Levees

Background: Throughout the United States, levees protect numerous communities and large expanses of agricultural land from floods. Their importance in mitigating flood hazards and their relevance to the National Flood Insurance Program (NFIP) are indisputable. However, riverine and coastal levees, in the aggregate, stretch for tens of thousands of miles, and information on their location, structural integrity, and certification often is outdated or missing altogether.

Issue: To address this challenge, a Levee Coordination Committee—including representatives from FEMA, other Federal agencies, and States—is examining current levee regulations and assisting in the development of a long-term policy that protects citizens and property, while accommodating the needs of the NFIP. This memorandum helps to clarify the entities responsible for providing information on levees identified during a mapping project.

Action Taken: Until the new policy is developed, this memo provides interim guidance to minimize delays in near-term mapping studies. The attached flow chart supplements FEMA’s procedure memorandums 30 and 32. This information is in conformance with Section 65.10 of the NFIP regulations.

Supplement to Procedure Memo 30—FEMA Levee Inventory System.

Mapping partners - CTPs, IDIQs, OF As, etc. - should continue providing information about levees located in or adjacent to study areas. Information should be provided via the FEMA Levee Inventory System (FLIS) according to Procedure Memorandum 30 and the instructions available on the FLIS Web site located at http://flis.pbsjdfirm.com. The FLIS will be accessed via the MIP after release 3.0.

Levee coordinates should be gathered at a level of detail consistent with GIS accuracy and digital Flood Insurance Rate Map (FIRM) standards. Mapping partners who do not already have access to the FLIS can contact the National Service Provider at (703) 960-8B00.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

August 22, 2005

Page 2 of 2 - Procedure Memorandum 34

Supplement to Procedure Memo 32—Levee Review Protocol.

The protocol for levee reviews, particularly the details provided in Table 1 of Procedure Memorandum 32, is revised according to the attached flow chart.

Identification of Levees

It is critical that all levees within the scope of the mapping project be identified early in the mapping project, ideally no later than the scoping meeting. The role of all mapping partners, including coordination with the State and other Federal partners (e.g., U.S. Army Corps of Engineers), related to review of levee certification should be clearly identified as part of the scoping process. When levees are identified at the scoping meeting the community must be informed of the data requirements for FEMA to recognize a levee as providing protection from the 1-percent-annual-chance flood (base flood) on the FIRM. In accordance with 44 CFR Section 65.10(a), it is the responsibility of the community or other party seeking recognition of a levee system at the time of a flood risk study or restudy to provide the data outlined in 44 CFR Section 65.10. FEMA will not be conducting detailed examinations of levees to determine how a structure or system will perform in a flood event. In addition, the community or party seeking recognition should be provided with a deadline for submitting the data and informed that if the data are not submitted by the deadline, the levee cannot be recognized as providing protection from the base flood as part of the current mapping effort. However, a revision could be initiated once data are available.

Early identification of levees allows the mapping partner to outline to the community, or party seeking recognition, their responsibilities and FEMA’s expectations to minimize study delays. In order to aid our mapping partners in properly assessing how to handle levee mapping issues, we have generated the below flowchart.

cc: See Distribution List

Distribution List (electronic distribution only):

Office of the Mitigation Division Director

Risk Assessment Branch

Risk Identification Branch

Flood Insurance and Mitigation Divisions in FEMA Regional Offices

Office of Legislative Affairs

Office of General Counsel

National Service Provider

Systems Engineering and Technical Assistance Contractor

Map Service Center

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

image

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

image


MEMORANDUM FOR: Mitigation Division Directors
Regions I - X
 
FROM: David I. Maurstad
image
Mitigation Division
 
SUBJECT: Revised Procedure Memorandum No. 43 - Guidelines for Identifying Provisionally Accredited Levees

Background: Early in the implementation of Flood Map Modernization (Map Mod), the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) recognized that the role of levees in flood risk reduction would be an important part of the efforts of Map Mod. Further, it was acknowledged that the condition of levees had not been assessed since they were originally mapped as providing base (1-percent-annual-chance) flood protection. Because of this, FEMA initiated a revised process to gain a better understanding of the actual flood risks for those citizens living and working behind levees nationwide.

On August 22, 2005, FEMA issued Procedure Memorandum No. 34 - Interim Guidance for Studies Including Levees. The purpose of the memorandum was to help clarify the responsibility of community officials or other parties seeking recognition of a levee by providing information identified during a study/mapping project. Often, documentation regarding levee design, accreditation, and the impacts on flood hazard mapping is outdated or missing altogether. To remedy this, Procedure Memorandum No. 34 provides interim guidance on procedures to minimize delays in near-term studies/mapping projects, to help our mapping partners properly assess how to handle levee mapping issues.

Issue: Levee owners or communities have the responsibility to provide documentation that a levee meets the requirements of Title 44 of the Code of Federal Regulations, Section 65.10 of the National Flood Insurance Program regulations (44 CFR Section 65.10), as part of a study/mapping project. Without the required documentation necessary to comply with 44 CFR Section 65.10, the area behind the levee will be re-delineated and mapped as Special Flood Hazard Area on the Digital Flood Insurance Rate Map (DFIRM). Procedure Memorandum No. 34 allows for the issuance of a deadline to the community for submitting the required documentation.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Page 2 of 4 Revised Procedure Memorandum No. 43

While 44 CFR Section 65.10 documentation is being compiled, the release of more up-to-date DFIRM panels for other parts of a community or county may be delayed. To minimize the impact on the Map Mod goals of mapping areas landward of levees, mapping partners should be provided with guidance that will allow preliminary and effective DFIRMs to be issued while the levee owner or community is given a reasonable amount of time to compile and submit data and documentation to show compliance with the requirements of 44 CFR Section 65.10. Guidance should also be provided to the mapping partners that allows, in specific situations, the preliminary DFIRM to be issued while providing the communities and levee owners with a specified timeframe to show compliance with 44 CFR Section 65.10 by correcting any maintenance deficiencies associated with the levee.

Action Taken: To minimize the impact of the levee recognition and certification process on Map Mod goals, guidelines have been developed that will allow mapping partners to issue preliminary and effective versions of DFIRMs while the levee owners or communities are compiling the full documentation required to show compliance with 44 CFR Section 65.10. The guidelines also explain that mapping partners can issue preliminary DFIRMs while providing the communities and levee owners with a specified timeframe to correct any maintenance deficiencies associated with a levee to and show compliance with 44 CFR Section 65.10. These guidelines are summarized in the attached document entitled “Guidelines for Identifying Provisionally Accredited Levees (PALs).”

The attached document describes the criteria for five scenarios intended to determine when a levee does or does not qualify for the PAL designation. FEMA has established a specified timeframe in which the community or levee owner may use to fulfill the remaining requirements for 44 CFR Section 65.10 before the levee is shown on the DFIRM as not providing base flood protection. The attached guidance also describes an additional process for maintenance deficient levees that do not currently qualify for the PAL designation. FEMA has established a separate specified timeframe for these levees, which allows the community or levee owner time to correct any maintenance deficiencies associated with a levee. If the levee qualifies for the PAL designation, FEMA will provide the community 90 days to sign and return an agreement indicating that the full documentation for 44 CFR Section 65.10 will be provided within 24 months of the signed agreement. If the signed agreement is not returned to FEMA within 90 days, or if the levee does not meet the PAL requirements (except for the maintenance deficient levees), the community is no longer eligible for the PAL designation, and the area landward of the levee will be remapped as Zone AE or Zone A, depending on the type of study performed for the area.

For levees that are included in the U.S. Army Corps of Engineers (USACE) Federal Program, FEMA will actively coordinate with the appropriate USACE district to determine which projects do not provide protection from the base flood. In a collaborative effort, existing data or project-specific information will be evaluated to identify and validate non-accredited levees in the USACE’s inventory. As part of the USACE’s recent survey of their levee inventory, levee projects have been identified to

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Page 3 of 4 Revised Procedure Memorandum NO. 43

be no longer eligible for Public Law (PL) 84-99 rehabilitation assistance, based on the project’s last inspection. However, many of these levee projects have been identified to be eligible for a one-time-only “maintenance deficiency correction period,” established to allow public sponsors/levee owners to correct levee maintenance deficiencies before the levee is placed in an inactive status in the USACE Rehabilitation & Inspection Program and becomes ineligible for PL 84-99 rehabilitation assistance. The USACE has developed a written notification process to inform communities or levee owners of this status after it has coordinated with FEMA. Copies of the USACE notification letter will be provided to FEMA. If a community or levee owner receives this notification letter, the area landward of the identified levee will be mapped as Zone AE or Zone A, as appropriate.

Effective on the date of this Procedure Memorandum, levees that meet the PAL requirement (levees presently shown as providing base flood protection on the effective FIRM), for which the community or levee owner cannot readily provide full documentation of 44 CFR Section 65.10, will be identified on the FIRM with a map note. This note, placed landward of the levee, will indicate that the levee is provisionally accredited and any existing Zone X (shaded) area is provisional. If there is no existing Zone X (shaded) area on the effective FIRM, then the mapping partner should define the provisional Zone X (shaded) area using the best available data. Specific procedures and guidance for evaluating and mapping levees is provided in Appendix H of Guidelines and Specifications for Flood Hazard Mapping Partners.

The following note must be applied at several locations, point to the levee, and be placed landward of the levee in or near the Zone X (shaded) area:

WARNING: Provisionally Accredited Levee. For explanation, see the Notes to Users.

The applicable Note to Users would read as follows:

WARNING: This levee, dike, or other structure has been provisionally accredited and mapped as providing protection from the 1-percent-annual-chance flood. To maintain accreditation, the levee owner or community is required to submit documentation necessary to comply with 44 CFR Section 65.10 by (________,____). Because of the risk of overtopping or failure of the structure, communities should take proper precautions to protect lives and minimize damages in these areas, such as issuing an evacuation plan and encouraging property owners to purchase flood insurance.

The five scenarios for determining whether the levee qualifies for the PAL designation are described in the attachment. The document also summarizes the process for coordinating with community officials and others to acquire the appropriate levee documentation, while moving forward with the production of countywide mapping for communities with levees.

Attachment

Guidelines for Identifying Provisionally Accredited Levees (PALs)

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Page 4 of 4 Revised Procedure Memorandum No. 43

cc: See Distribution List

Distribution List (electronic distribution only):

Directors, Regions I - X

Office of the Mitigation Division Director

Risk Analysis Branch

Risk Reduction Branch

Risk Insurance Branch

Federal Insurance and Mitigation Divisions in FEMA Regional Offices

Office of Legislative Affairs

Office of General Counsel

National Service Provider

Independent Verification and Validation Contractor

Map Service Center

Indefinite Delivery Indefinite Quantity Contractors

Cooperating Technical Partners

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Guidelines for Identifying Provisionally Accredited Levees (PALs)

Introduction

The Federal Emergency Management Agency (FEMA) issued Procedure Memorandum No. 34 (PM 34) on August 22, 2005, to provide interim guidance for processing studies/mapping projects for communities with levees and to define the roles of all FEMA contractors and mapping partners in meeting the regulatory requirements of the National Flood Insurance Program (NFIP) as cited at Title 44, Chapter 1, Section 65.10, of the Code of Federal Regulations, Section 65.10 (44 CFR Section 65.10). PM 34 reiterates that the community or other parties seeking recognition of a levee or levee system are responsible for providing information to demonstrate that the levee provides protection from the base (1-percent-annual-chance) flood. Therefore, when a study/mapping project is initiated under the Flood Map Modernization (Map Mod) program, FEMA will request that the community, levee owner, and/or local project sponsor to provide the data described in 44 CFR Section 65.10.

The requirement for complying with 44 CFR Section 65.10 is the responsibility of the community, levee owner, and/or local project sponsor, and they often find it difficult to provide the full documentation promptly. The lack of readily available data to comply with 44 CFR Section 65.10 has, in some cases, caused studies/ mapping projects to be delayed or placed on hold until the required information can be compiled and provided to FEMA.

Providing communities with up-to-date, accurate, and reliable flood hazard information on Digital Flood Insurance Rate Maps (DFIRMs) is one of the primary goals of Map Mod. Because levees are shown on the currently effective Flood Insurance Rate Maps (FIRMs) for over one-quarter of the counties being mapped under Map Mod, the issue of whether the levee provides 1-percent-annual-chance flood protection must be addressed. While 44 CFR Section 65.10 documentation is being compiled, the existing FIRMs remain in effect, showing the area behind the levee as protected from the 1-percent-annual-chance flood and potentially delaying the release of more up-to-date information for other parts of the community. As a result, communities would potentially be using outdated flood hazard information to regulate floodplain development. In addition, because the existing FIRMs are in effect, there may be no requirements for the purchase of flood insurance in areas that actually are floodprone.

This guidelines document outlines five scenarios that will allow the mapping for selected studies/mapping projects for communities with levees to move forward before the full documentation required in 44 CFR Section 65.10 is available. With this process, the FEMA Regional Offices, FEMA contractors, and mapping partners can issue preliminary and effective DFIRMs while providing the communities and levee owners a specified timeframe for the submittal of the documentation necessary to show compliance with 44 CFR Section 65.10. In addition, for specific situations, the Regional Offices, contractors, and mapping partners can move forward with the study/mapping project until the point where the Letters of Final Determination would be issued, while communities and/or

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

levee owners are given a specified timeframe to address maintenance deficiencies identified by the U.S. Army Corps of Engineers (USACE).

The USACE has initiated a national levee inventory and assessment program to identify the condition, location, level of protection, and maintenance activities for all levees within its jurisdiction. This inventory will assist in the assessment of the risk to public safety associated with levees and levee systems across the Nation. The USACE and FEMA are working together throughout the inventory and assessment phase to coordinate this effort with Map Mod activities. The inventory data collected to date will be used by FEMA and the USACE to categorize levees for which the full documentation required by 44 CFR Section 65.10 is NOT readily available into the five scenarios described below.

Definitions

A levee is defined as a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. The term does not include structures that are otherwise defined as dams in the Federal Guidelines for Dam Safety.

For the purpose of this guidelines document, levees are identified as being USACE or non-USACE levees. Levees within the USACE program include:

     • Levees built by the USACE that were authorized for construction by the U.S. Congress or by USACE continuing authorities (e.g., Section 205);

     • Levee projects constructed by non-Federal interests or other (non-USACE) Federal agencies and incorporated into the USACE Federal system by specific congressional action;

     • Federal projects that are either operated and maintained by the USACE or turned over to a local sponsor for operation and maintenance; and

     • Non-Federal projects within the Rehabilitation and Inspection Program (RIP), Public Law 84-99.

Non-USACE levees are defined to include:

     • Levees not authorized by the U.S. Congress or other Federal agency authority;

     • Levees built by other Federal agencies and not incorporated into the USACE Federal system;

     • Locally built and maintained levees built by a local community; and

     • Privately built by a nonpublic organization or individuals and maintained by a local community.

A “levee owner” can be a Federal or State agency, a water management or flood control district, a local community, a levee district, a nonpublic organization, or an individual. The “party responsible for operating and maintaining the levee” must be a Federal or

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP.

This document summarizes an approach for identifying a Provisionally Accredited Levee (PAL) and for provisionally mapping the area behind (landward of) such a levee as Zone X (shaded), pending FEMA’s receipt of all data and documentation required to show compliance with 44 CFR Section 65.10. FEMA established this approach to allow the mapping process to move forward when levees meet the criteria for an applicable scenario identified below, and to give communities and levee owners a specified timeframe to submit all the documentation necessary to show compliance with 44 CFR Section 65.10. The PAL requirements are provided below.

Scenario A - Levees not in the USACE program that are shown as providing base flood protection

Communication with levee owner and/or community:

The FEMA Regional Office will send a letter (template letter for Scenario A) to the appropriate levee owner or community to identify the levees for which 44 CFR Section 65.10 documentation is needed and will provide a copy of this letter to the appropriate USACE district office. The FEMA letter will describe the PAL option and an opportunity for a one-time-only, 1-year “maintenance deficiency correction period” associated with maintenance-deficient levees. This letter will also request that the community/levee owner submit, within 90 days, one of the following:

     • A signed agreement stating that, to the best of the community’s/levee owner’s knowledge, the levee in question meets 44 CFR Section 65.10 requirements and all requirements for a PAL application package. See criteria for PAL Scenario A1 below.

     • A signed letter stating that the community/levee owner has been notified of the one-time-only, 1-year “maintenance deficiency correction period” and agrees to proceed according to the associated process and requirements. See criteria for PAL Scenario A2 below. This one-time-only “maintenance deficiency correction period” will expire 1 year from the 91st day following the date of the initial notification letter. For the purposes this document, this signed letter will be identified as the “maintenance deficiency letter.”

Procedures for processing PAL Scenario A1 and A2 levees are described in detail below. To help FEMA contractors and mapping partners properly assess how to handle levee mapping issues, a flowchart has been generated that depicts the possible steps for Scenario A levees. This flowchart is presented as Figure 2 at the end of this guidelines document.

Scenario A1: Once the FEMA Regional Office sends the initial notification letter for Scenario A, the community/levee owner will have 90 days to return either the PAL

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

application package or the maintenance deficiency letter. If the community/levee owner believes that the levee meets 44 CFR Section 65.10 requirements at that time, then they may qualify for Scenario A1.

If the full documentation required to show compliance with 44 CFR Section 65.10 are readily available when the initial notification letter is sent, FEMA will request that the community/levee owner provide these documents within 30 days. If additional time is required to gather the proper documentation, the community/levee owner will choose to submit the PAL application package. For any community/levee owner that chooses the PAL option, the requirements for 44 CFR Section 65.10 must be submitted within 24 months of the 91st day following the date of the initial notification letter. Certification by a Registered Professional Engineer must accompany the submitted 44 CFR Section 65.10 data in compliance with Paragraph 65.10(e). In addition, the community/levee owner must submit a progress report to FEMA after 12 months to document progress toward obtaining 44 CFR Section 65.10 data and documentation.

Several conditions exist that may require FEMA to take immediate action to rescind the PAL designation and revise the DFIRM for the area landward of the levee. If any of the following conditions apply, FEMA will direct the contractor or mapping partner to remap the area landward of the levee as Zone AE or Zone A, depending on the type of study performed for the area:

     • Neither the signed PAL agreement nor a request for a maintenance deficiency correction period is returned to FEMA before the 91st day following the date of the notification letter;

     • The full documentation required for compliance with 44 CFR Section 65.10 is not provided within 24 months of the 91st day following the date of the initial notification letter; or

     • The 12-month progress report is not provided to FEMA, and the FEMA Regional Office believes the PAL agreement should be rescinded.

When the FEMA Regional Office sends the initial notification letter, the following attachments must be included:

     • A description of the requirements to meet 44 CFR Section 65.10, entitled “Mapping of Areas Protected by Levee Systems”; and

     • An agreement to accept the PAL option (agreement for Scenario A1), for the community/levee owner to sign and return to FEMA before the 91st day following the date of the initial notification letter.

The PAL application package requirements for Scenario A1, to be submitted by levee owner or community, are:

     • An agreement signed by the community/levee owner stating that the PAL designation is warranted because the levee now meets the requirements of 44 CFR Section 65.10;

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

     • A copy of the adopted operation and maintenance plan for the levee; and

     • Records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable.

Scenario A2: Once the FEMA Regional Office sends the initial notification letter for Scenario A, the community and/or levee owner will be given 90 days to return either the PAL application package or the maintenance deficiency letter. If the community/levee owner believes that the levee meets 44 CFR Section 65.10 requirements with the exception of maintenance deficiencies, then they may qualify for Scenario A2.

Once the community/levee owner determines that maintenance deficiencies exist, the community/levee owner will have 90 days from the date of the initial notification letter to submit a signed letter requesting the maintenance deficiency correction period. At a minimum, this letter must clearly state:

     • The only grounds for the levee in question not currently meeting the 44 CFR Section 65.10 requirements or PAL requirements are maintenance issues; and

     • Within the 1-year “maintenance deficiency correction period,” the community/ levee owner can remedy the maintenance deficiencies and submit one of the following:

∘ All documentation necessary to comply with the requirements listed in 44 CFR Section 65.10; or

∘ A request for a PAL designation and the entire PAL application package (PAL application requirements listed below).

If the community/levee owner submits a response before the 91st day following the date of the initial notification letter, the FEMA Regional Office will notify the community/ levee owner that the current study/mapping project will move forward and that the area landward of the levee will be remapped and shown as Zone AE or Zone A, depending on the type of study performed for the area. The notification will state that the Letter of Final Determination (LFD) and effective DFIRM will be delayed until the 1-year correction period has elapsed. For FEMA to remove the Special Flood Hazard Area (SFHA) designation landward of the levee, the community and/or levee owner must submit the following within the 1-year correction period:

     • All the requirements listed in 44 CFR Section 65.10; or

     • A request for a PAL designation and the entire PAL application package (PAL application package requirements listed below).

If all the data and documents required to comply with 44 CFR Section 65.10 are submitted before the 1-year correction period has elapsed, FEMA will issue the LFD and show the levee on the effective DFIRM as accredited. However, if a request for a PAL designation and a PAL application package are submitted and approved before the 1-year correction period has elapsed, then FEMA will issue the LFD and show the levee on the effective DFIRM as provisionally accredited. In addition, for the PAL option, the

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

community/levee owner must provide a progress report to the FEMA Regional Office after 12 months to document progress toward obtaining 44 CFR Section 65.10 data If any of the following alternatives occur, FEMA will issue the LFD and an effective DFIRM that shows the areas landward of the levee will be remapped and shown as Zone AE or Zone A, depending on the type of study performed for the area:

     • The community/levee owner does not submit a signed response letter before the 91st day following the date of the initial notification letter.

     • The community/levee owner is granted the 1-year correction period, but does not submit the required data within the 1-year correction period.

     • The submitted deficiency correction data are determined to be inadequate.

     • A request for a PAL designation and the entire PAL application package is not submitted and approved before the 1-year correction period has elapsed.

     • The 12-month PAL progress report is not provided to FEMA, and the FEMA Regional Office believes the PAL designation should be rescinded.

     • The full documentation necessary to comply with 44 CFR Section 65.10 is not provided within 24 months of the final day of the correction period.

     • The data and documentation submitted to meet the requirements of 44 CFR Section 65.10 or the PAL application is determined to be inadequate.

When the FEMA Regional Office sends the initial notification letter, the following attachments must be included:

     • A description of the requirements to meet 44 CFR Section 65.10, entitled “Mapping of Areas Protected by Levee Systems;” and

     • An agreement to accept the PAL option (agreement for Scenario A2), for the community/levee owner to sign and return to FEMA.

In response to the initial notification letter, the community/levee owner is to submit the following to FEMA to meet the PAL application package requirements for Scenario A2:

     • An agreement signed by the community/levee owner stating that the PAL designation is warranted because the levee now meets the requirements of 44 CFR Section 65.10;

     • A copy of the adopted operation and maintenance plan for the levee; and

     • Records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable.

Scenario B - Levees in the USACE program that are eligible for PAL

Levees in the USACE program that meet the following criteria are eligible for the PAL designation.

Criteria to meet Scenario B:

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

     • The effective FIRM shows the levee as providing protection from the base flood;

     • No available information indicates the levee does not provide base flood protection; and

     • The project inspection rating is within an acceptable range (as defined by the USACE).

Communication with levee owner, community, and/or local project sponsor:

The FEMA Regional Office will send a letter (template letter for Scenario B) to the appropriate community/levee owner/local project sponsor identifying the levees that meet the above criteria and qualify for the PAL option. This letter will describe the PAL option and request that the community/levee owner/local project sponsor sign an agreement stating that, to the best of their knowledge, the levees in question meet 44 CFR Section 65.10 requirements.

If full documentation to comply with the requirements of 44 CFR Section 65.10 is readily available when the initial notification letter is sent, the FEMA Regional Office will request that the community/levee owner/local project sponsor provide these documents within 30 days. If the community/levee owner/local project sponsor requires time to gather the proper documentation, they will choose to submit the PAL application package. For any community/levee owner/local project sponsor that chooses the PAL, the documentation required to comply with 44 CFR Section 65.10 requirements must be submitted within 24 months of the 91st day following the date of the initial notification letter. Certification by a Registered Professional Engineer must accompany the submitted 44 CFR Section 65.10 data in compliance with Paragraph 65.10(e). As an alternative, USACE may also certify that the levee has been adequately designed and constructed to provide protection against the base flood. In addition, the community/levee owner/local project sponsor must submit a progress report to FEMA after 12 months to document progress toward obtaining data and documentation to comply with 44 CFR Section 65.10

Several conditions could occur that may result in the PAL designation being rescinded and FEMA taking immediate action to revise the DFIRM in the area landward of the levee. If any of the following conditions apply, FEMA will remap the area landward of the levee will be remapped and shown as Zone AE or Zone A, depending on the type of study performed for the area:

     • The signed PAL agreement is not returned to FEMA within 90 days of the initial notification letter.

     • The full documentation for 44 CFR Section 65.10 is not provided within 24 months of the final day of the 90-day agreement period.

     • The 12-month PAL progress report is not provided to FEMA, and the FEMA Regional Office believes rescission is necessary.

     • The data submitted to meet the requirements of 44 CFR Section 65.10 or the PAL application are determined to be inadequate.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

When the FEMA Regional Office sends the initial notification letter, the following attachments must be included:

     • A description of the requirements to meet 44 CFR Section 65.10, entitled “Mapping of Areas Protected by Levee Systems”; and

     • An agreement to accept the PAL option (agreement for Scenario B), for the community/levee owner/local project sponsor to sign and send back to FEMA before the 91st day following the date of the initial notification letter

In response to the initial notification letter, the community/levee owner/local project sponsor is to submit the following to FEMA to meet the PAL application package requirements for Scenario B:

     • An agreement signed by the community/levee owner/local project sponsor stating that the PAL designation is warranted because the levee now meets the requirements of 44 CFR Section 65.10;

Scenario C - Levees in the USACE program with known deficiencies that are shown as providing base flood protection

For levees in the USACE program that are shown on the effective FIRM as providing 1-percent-annual-chance flood protection but have known deficiencies, the criteria below are to be followed. Two scenarios are possible. To help FEMA contractors and mapping partners properly assess how to handle levee mapping issues, a flowchart has been generated that depicts the possible steps for Scenario C levees. This flowchart is presented as Figure 3 at the end of this guidelines document.

Scenario C1:

Criteria to meet Scenario C1:

     • The USACE has determined that the levee’s recent inspection ratings are listed as fair, poor, or unacceptable;

     • The USACE has determined that the project status in the RIP has been switched from active to inactive; and

     • The USACE has not provided a 1-year maintenance deficiency correction period for the levee.

Communication with levee owner, community, and/or local project sponsor:

The FEMA Regional Office will coordinate with the appropriate USACE District office regarding levee projects in the USACE inventory that have received an inspection rating of fair, poor, or unacceptable and have been placed in inactive status in the USACE Rehabilitation and Inspection Program (RIP). Once these projects have been identified, the USACE will send a notification letter to the community/levee owner/local project

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

sponsor to inform them that the levee status has been switched from active to inactive in the RIP and is no longer eligible for PL 84-99 rehabilitation assistance because of maintenance deficiencies. These deficiencies will not allow the levee to meet the minimum requirements of the 44 CFR Section 65.10; thus, the levee does not provide 1-percent-annual-chance flood protection. The deficiencies will be identified in the USACE letter. The USACE District office will provide a copy of this letter to the FEMA Regional Office. These levee systems will not be eligible for the PAL option.

The FEMA Regional Office then will send a letter (template letter for Scenario C) to the community/levee owner/local project sponsor stating that this is a follow-up to the notification they received from the USACE. The FEMA letter will clearly state that the deficiencies in the levee have been determined in coordination with the USACE, and FEMA will remap the area landward of the levee to show it as Zone AE or Zone A, depending on the type of study performed for the area, if the levee does not provide 1-percent-annual-chance flood protection. The USACE letter will be attached to the FEMA letter as background information.

Scenario C2:

Criteria to meet Scenario C2:

     • The levee has received an unacceptable, fair, or poor inspection rating;

     • The levee was in an active status in the USACE RIP prior to September 30, 2005 (FY06); and

     • The USACE has offered a one-time-only, 1-year “maintenance deficiency correction period” to remedy the maintenance deficiencies of the levee.

Communication with levee owner, community, and/or local project sponsor:

Once these projects have been identified, the USACE will send a notification letter to the community/levee owner/local project sponsor to inform them of the levee’s specific maintenance deficiencies. This letter will also inform the community/levee owner/local project sponsor that they are eligible for the one-time-only, 1-year “maintenance deficiency correction period,” which provides them 1 year to resolve any levee maintenance deficiencies. The USACE District office will provide a copy of this letter to the FEMA Regional Office.

The FEMA Regional Office then will send a letter (template letter for Scenario C2) to the community/levee owner/local project sponsor stating that this is a follow-up to the notification they received from the USACE. The letter will explain the PAL option (Scenario C2) and that FEMA will move forward with the current study/mapping project and will remap the area landward of the levee that will be inundated by the 1-percent-annual-chance flood as Zone AE or Zone A, depending on the type of study performed for the area. The letter also will state that even though FEMA is moving forward with the mapping, the LFD and effective DFIRM will be delayed until the 1-year correction

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

period has elapsed. For FEMA to remove the SFHA designation landward of the levee, the following requirements must be met within the 1-year correction period:

     • Evidence has been provided to show that the maintenance deficiencies have been remedied. This evidence will be provided to the FEMA Regional Office by the appropriate USACE District office.

     • All of the requirements listed in 44 CFR Section 65.10 have been addressed, or a request for a PAL designation and the entire PAL application package has been submitted.

The FEMA Regional Office will coordinate with the appropriate USACE District regarding levee projects to evaluate and determine the adequacy of any data submitted within the 1-year period.

If all the data and documentation required to comply with 44 CFR Section 65.10 are submitted before the 1-year correction period has elapsed, FEMA will issue the LFD and show the levee on the effective DFIRM as accredited. Alternatively, if a request for a PAL designation and a PAL application package are submitted and approved before the 1-year correction period has elapsed, then FEMA will issue the LFD and show the levee on the effective DFIRM as provisionally accredited. In addition, to the community/levee owner/local project sponsor must submit a progress report to FEMA after 12 months to document progress toward obtaining documentation and data to comply with 44 CFR Section 65.10.

If any of the following alternatives occur, FEMA will issue the LFD and an effective DFIRM that shows the areas landward of the levee will be remapped and shown as Zone AE or Zone A, depending on the type of study performed for the area:

     • The community/levee owner/local project sponsor is granted the 1-year correction period, but does not submit the required data within the 1-year correction period.

     • The submitted deficiency correction data is determined to be inadequate.

     • The 12-month PAL progress report is not provided to FEMA, and the FEMA Regional Office believes the PAL designation should be rescinded.

     • A request for a PAL designation and the entire PAL application package is not submitted and approved before the 1-year correction period has elapsed.

     • The full documentation necessary to comply with 44 CFR Section 65.10 is not provided within 24 months of the final day of the correction period.

     • The data submitted to meet the requirements of 44 CFR Section 65.10 or the PAL application is determined to be inadequate.

When the FEMA Regional Office sends the initial notification letter, the following attachments must be included:

     • A description of the requirements to meet 44 CFR Section 65.10, entitled “Mapping of Areas Protected by Levee Systems;” and

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

     • An agreement to accept the PAL option (agreement for Scenario C2), for the community/levee owner/local project sponsor to sign and return to FEMA.

The PAL application package requirements for Scenario C2, to be submitted by levee owner, community, and/or local project sponsor, are:

     • An agreement signed by the community/levee owner/local project sponsor stating that the PAL designation is warranted because the levee now meets the requirements of 44 CFR Section 65.10;

Scenario D - Levees in the USACE program that are shown as not providing base flood protection

Communication with levee owner, community, and/or local project sponsor:

For levees in the USACE program that are not currently shown as providing 1-percent-annual flood protection, no letter will be sent. In this case, there is no issue with how to map the area behind the levee, because it already has been determined that the levee does not provide 1-percent-annual flood protection or the levee has not gone through the certification process.. The DFIRM will continue to show the levee as not providing 1-percent-annual flood protection unless it is determined that the levee actually does provide this level of protection.

Scenario E - Levees in the USACE program that do not meet an adequate level of protection, as determined by the USACE in coordination with FEMA, but are shown as providing base flood protection

For levees in the USACE program that are shown as providing base flood protection but do not meet an adequate level of protection as determined by the USACE in coordination with FEMA, the following criteria will be followed.

Criteria to meet Scenario E:

     • The levee is shown as providing protection but does not provide an adequate level (1-percent-annual-chance or greater) of flood protection, as indicated by the USACE levee inventory data and validated through coordination between the USACE district office and the FEMA Regional Office; and

     • The levee inspection rating is NOT listed as fair, poor, or unacceptable, but the levee may have failed or experienced overtopping by a flood event less than the 1-percent-annual-chance flood.

The FEMA Regional Office will verify the engineering and mapping data used to produce the effective FIRM and determine whether it is the most up-to-date information, based on the best available data. However, the FEMA Regional Office will also

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

determine if better data are available than the data used to produce the effective FIRM. The FEMA Regional Office will coordinate with the USACE district office to either verify the current flood data are the best available or provide the more recent and accurate data. The USACE district office will use the best available data, as identified by the FEMA Regional Office, to determine whether the levee provides an adequate level of protection.

Communication with levee owner, community, and/or local project sponsor:

When the USACE district office in coordination with the FEMA Regional Office, determines that a levee in the USACE program does not provide an adequate level of protection, the community/levee owner/local project sponsor will be notified by letter (template letter for Scenario E) from the FEMA Regional Office that “in coordination with the USACE, it has been determined that your levee no longer provides protection from the base flood.” The reasons the levee no longer provides 1-percent-annual-chance flood protection will be identified in this letter. The community/levee owner/local project sponsor will be instructed to contact the FEMA Regional Office if they have any questions or if they can provide the documentation and data necessary to show compliance with 44 CFR Section 65.10. If the community/levee owner/local project sponsor does not provide the required documentation and data, the area landward of the levee will be mapped as Zone AE or Zone A, depending on the type of study performed for the area.

Mapping of the areas with and without the PAL designation

Levees and levee systems that meet the 44 CFR Section 65.10 criteria will continue to be mapped as providing protection from the 1-percent-annual-chance flood, and the PAL designation is not applicable. The area landward of the levee will be mapped as a Zone X (shaded) with the following note:

WARNING! This area is shown as being protected from the 1-percent-annual-chance flood hazard by levee, dike, or other structure. Overtopping or failure of this structure is possible, which could result in destructive flood elevations and high-velocity floodwaters. There is a chance that large floods will occur that are greater than the level of protection provided by the levee. Communities should issue evacuation plans and encourage property owners behind these structures to purchase flood insurance, even if the structure is currently shown as providing protection for the 1-percent-annual-chance flood.

For levees and levee systems that are eligible for the PAL designation, the area landward of levees can still be mapped as Zone X (shaded), with the following note applied at several locations in or near the zone:

WARNING: Provisionally Accredited Levee. For explanation, see the Notes to Users.

The following accompanying note in the Notes to Users should only be applied to DFIRM panels that depict a levee or levee system with a PAL designation:

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

WARNING: This levee, dike, or other structure has been provisionally accredited and mapped as providing protection from the 1-percent-annual-chance flood. To maintain accreditation, the levee owner or community is required to submit documentation necessary to comply with 44 CFR Section 65.10 by ( , ). Because of the risk of overtopping or failure of the structure, communities should take proper precautions to protect lives and minimize damages in these areas, such as issuing an evacuation plan and encouraging property owners to purchase flood insurance.

The DFIRM in Figure 1 shows a levee on the east side of the river and Zone X (shaded) landward of the levee, with the warning note pointing to the levee. If a Zone X (shaded) area is already depicted on the effective FIRM/DFIRM, then the revised levee note can be added to the existing Zone X (shaded) area, as shown in Figure 1. If no Zone X (shaded) area exists on the effective FIRM/DFIRM, then the mapping partner should define the provisional Zone X (shaded) area using the best available data.

Flood Insurance Study Report Requirements

The Flood Insurance Study report should not be revised to identify those levees and levee systems that are eligible for the PAL designation.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

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Figure 1. Example of Zone X (Shaded) for the PAL Optioi

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

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Providing communities with up-to-date, accurate, and reliable flood hazard and risk information on Digital Flood Insurance Rate Maps (DFIRMs) is one of the primary goals of the Flood Map Modernization (Map Mod) effort undertaken by the Department of Homeland Security, Federal Emergency Management Agency (FEMA).

Levee systems have been identified in over one-fourth of the counties that will receive modernized maps—Digital Flood Insurance Rate Maps (DFIRMs)—as part of Map Mod. Therefore, FEMA has been working, and continues to work with Federal, State, and local professionals and technical partners to determine the flood protection and risk-reduction capabilities of the Nation’s levee systems and to accurately reflect the flood hazard and risk in “levee-impacted” areas on the DFIRMs. As part of the Map Mod effort, FEMA reviewed its existing guidance regarding the submittal of data and documentation to meet National Flood Insurance Program (NFIP) requirements for the evaluation and mapping of levee-impacted areas. As a result of this review, FEMA issued three Procedure Memorandums to clarify these requirements. The questions and answers below are provided to further explain these requirements.

Q: What is a levee system?

A: A levee system is a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. A levee is a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding Levee systems are designed to provide a specific level of protection. They can be overtopped or fail in larger flood events. They require regular maintenance and periodic upgrades to retain their level of protection. When levee systems do fail, they often fail catastrophically, and the resulting damage, including loss of life, may be more significant than if the levee system had not been built. Everyone should understand the risk to life and property that exists behind levee systems—risk that even the best flood protection system cannot eliminate completely.

Q: What regulations apply to the evaluation and mapping of levee systems and levee-impacted areas?

A: The regulatory requirements of the NFIP are cited at Title 44, Chapter 1, Section 65.10 of the Code of Federal Regulations (44 CFR Section 65.10). According to 44 CFR Section 65.10, it is the community, levee owner, and/or local project sponsor’s responsibility to submit the data and documentation showing that a levee system complies with these requirements, including the development and maintenance of an operation and maintenance plan. You may access 44 CFR Section 65.10 through the FEMA Web site at www.ferna.gov/plan/prevent/fhm/1v_fpm.shtm.

Q: What are the procedural requirements for evaluating and mapping levee-impacted areas?

A: FEMA has issued three Procedure Memorandums that provide guidance for mapping levee-impacted areas—Procedure Memorandum No. 34 (PM 34)—Interim Guidance for Studies Including Levees, Procedure Memorandum No. 43 (PM 43)—Guidelines for Identifying Provisionally Accredited Levees, and Procedure Memorandum No.45 (PM 45)—Revisions to Accredited Levee and Provisionally Accredited Levee Notations—as clarification to Appendix H of FEMA’s Guidelines and Specifications for Flood Hazard Mapping Partners. PM 43 describes the various PAL scenarios and how each may be mapped. Information on PM 45, which provides updated information on the map notes that are to appear on DFIRM panels showing accredited and provisionally accredited levee systems, is provided on a separate Fact Sheet. You also may access these three Procedure Memorandums and other related guidance through the FEMA Web site at www.fema.gov/plan/prevent/fhm/lv_fpm.shtm.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Q: Who is responsible for complying with the requirements of 44 CFR Section 65.10?

A: Compliance with 44 CFR Section 65.10 requirements rests with communities, levee owners, and/or local project sponsors—not FEMA. A levee system owner can be a Federal or State agency, a water management or flood control district, a local community, a levee district, a non-public organization, or an individual. The party responsible for operating and maintaining the levee system must be a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. FEMA’s responsibility is solely to review the data and documentation provided and either accredit the levee system with providing 1-percent-annual-chance flood protection on the DFIRM or, when the levee system is shown to be inadequate, to reflect the increased risk of flooding to people and structures in the levee-impacted areas on the DFIRM.

Q: Why did FEMA issue PM 34?

A: Documentation regarding levee design, structural integrity, and other requirements for accrediting a levee system with providing 1-percent-annual-chance flood protection often is outdated or missing altogether. To help clarify the entities responsible for providing data and documentation on levees systems identified during a study/mapping project, FEMA issued PM 34 on August 22, 2005. PM 34 clarifies that it is the levee owner or community’s responsibility to provide data and documentation to show that a levee system meets the requirements of 44 CFR Section 65.10 as part of a study/mapping project. In addition, PM 34 provides clarification on procedures to minimize delays in near-term studies/mapping projects and to aid project teams in properly assessing how to handle levee system-related mapping issues.

Q: When and why did FEMA issue PM 43?

A: FEMA originally issued PM 43 on September 25, 2006. PM 43 provides guidance to FEMA contractors and mapping partners on issuing preliminary and, in some cases, effective DFIRMs, while providing communities and levee owners with additional time to compile and submit the data and documentation necessary to demonstrate compliance with 44 CFR Section 65.10. On March 16, 2007, FEMA issued a revised version of PM 43 to include guidance on evaluating levees systems that the U.S. Army Corps of Engineers has determined to be maintenance deficient and to offer a one-time-only 1-year “maintenance deficiency correction period.”

Q: When is a levee system designated as a Provisionally Accredited Levee, or PAL, system?

A: The PAL designation is used for a levee system when FEMA has previously accredited the system with providing 1-percent-annual-chance flood protection on an effective Flood Insurance Rate Map (FIRM) and FEMA is awaiting data and/or documentation that will demonstrate the levee system’s compliance with 44 CFR Section 65.10 of the NFIP regulations. A PAL is shown on a DFIRM as providing 1-percent-annual-chance flood protection, and the area impacted by the PAL system is shown as Zone X (shaded) except for areas of residual flooding, such as ponding areas, which will be shown as a Special Flood Hazard Areas (SFHAs).

Q: What happens when a levee system meets the PAL requirements of PM 43?

A: For levee systems that meet the PAL requirement (levee systems presently shown as providing 1-percent-annual-chance flood protection on the effective FIRM and for which the community or levee owner cannot readily provide all data and documentation required by 44 CFR Section 65.10), FEMA will place a note on the DFIRM panel landward of the levee system to indicate FEMA has provisionally accredited the levee system and the designation of any existing Zone X (shaded) area is provisional. FEMA will also add an explanatory note to the Notes to Users section of the map frame.

Before FEMA will designate a levee system as a PAL system, the community or levee owner will need to sign and return an agreement. By signing the agreement, the levee owner/community indicates the levee system currently complies with the requirements of 44 CFR Section 65.10 and that the data and documentation required for compliance with 44 CFR Section 65.10 will be provided within a specified timeframe. The timeframe will depending on the levee system’s status (i.e., within 24 months of the 91st day following the date of the initial notification letter or within 24 months of the final day of the correction period for levees that have been offered the 1-year maintenance deficiency correction period).

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Q: How will a PAL be identified on a DFIRM?

A: To identify the PAL, FEMA has been applying and may continue to apply the note below at several locations on DFIRM panels that will become effective before December 1, 2008. The note points to the levee system and is placed on the landward side of the levee system on the affected DFIRM panel(s) in or near the Zone X (shaded) area:

WARNING: Provisionally Accredited Levee. For explanation, see the Notes to Users.

       The following note has been or will be added to the Notes to Users on DFIRM panels that will become effective before December 1, 2008:

WARNING: This levee, dike, or other structure has been provisionally accredited and mapped as providing protection from the 1 -percent-annual-chance flood. To maintain accreditation, the levee owner or community is required to submit documentation necessary to comply with 44 CFR Section 65.10 by (_________,_____). Because of the risk of overtopping or failure of the structure, communities should take proper precautions to protect lives and minimize damages in these areas, such as issuing an evacuation plan and encouraging property owners to purchase flood insurance.

       The notes that will appear on the DFIRM panels that will become effective after December 1, 2008, are documented in PM No. 45 and in an accompanying Fact Sheet titled “Levee Notes on FEMA Maps: Answers to Questions About Procedure Memorandum No. 45.”

Q: How does FEMA determine if a levee system meets the PAL requirements of PM 43?

A: For a levee system to be eligible for PAL designation, the levee system must be shown as providing protection from the 1-percent-annual-chance flood on the effective FIRM. Additional PAL requirements include the submittal of a PAL application package and a 12-month progress report. If applicable, there are other potential requirements, including a letter requesting a maintenance deficiency correction period and submittal of data demonstrating that maintenance deficiencies have been corrected (as appropriate). Specific timeframes for these requirements vary depending on the levee’s status; however, more detailed information can be found in the guidance document, titled “Guidelines for Identifying Provisionally Accredited Levees.” that accompanied PM 43. This document contains descriptions of different mapping scenarios and is accessible through the FEMA Web site at http://www.fema.gov/plan/prevent/fhm/lv_fpm.shtm.

For levee systems in the U.S. Army Corps of Engineers (USACE) Program that are shown on the effective FIRM as providing 1-percent-annual-chance flood protection but have known deficiencies, FEMA will coordinate with the appropriate USACE district to determine if the USACE will offer the one-time-only, 1-year maintenance deficiency period.

Q: What if a levee system qualifies for the maintenance deficiency correction period as specified in PM 43?

A: For levee systems not in the USACE Program, if the community/levee owner believes that the levee system meets 44 CFR Section 65.10 requirements with the exception of maintenance deficiencies, then the community/levee owner may qualify for a one-time-only 1-year maintenance deficiency correction period. The community/levee owner will have 90 days from the date of the initial notification letter from FEMA to submit a signed letter requesting the maintenance deficiency correction period.

The community /levee owner then has 12 months to submit 44 CFR Section 65.10-compliant data and documentation or a completed PAL application package (if additional time is needed to compile 44 CFR Section 65.10-compliant data and documentation) to show the levee system as accredited. If the community/levee owner does not provide 44 CFR Section 65.10-compliant data and documentation or a completed PAL application within the 12-month period,

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

     then FEMA will issue an effective DFIRM showing the area landward of the levee as a Special Flood Hazard Area (SFHA), labeled Zone AE or Zone A, depending on the type of engineering study performed for the area.

The USACE determines whether the one-time-only, 1-year maintenance deficiency correction period will be offered for a levee system in the USACE Program. If the USACE does offer the correction period for the levee system, FEMA will de-accredit the levee system and remap the levee-impacted area to show it as a high-risk SFHA, labeled Zone AE or Zone A, depending on the type of engineering study performed for the area. If the USACE does offer the correction period for the levee system, the community/levee owner has 1 year to either submit data and documentation for 44 CFR Section 65.10 compliance or request and be approved for PAL designation (if additional time is needed). If neither is received, then FEMA will de-accredit the levee system and will issue an effective DFIRM showing the levee-impacted area as an SFHA, labeled Zone AE or Zone A, depending on the type of engineering study performed for the area.

Q: What qualifies as a USACE Program levee system?

A: Levee systems within the USACE Program are defined to include the following:

 • Levee systems built by the USACE that were authorized for construction by the U.S. Congress or by USACE continuing authorities (e.g., Section 205);

 • Levee system projects constructed by non-Federal interests or other (non-USACE) Federal agencies and incorporated into the USACE Federal system by specific congressional action; and

 • Federal projects that are either operated and maintained by the USACE or turned over to a local sponsor for operation and maintenance; and Non-Federal projects within the Rehabilitation and Inspection Program (RIP), Public Law 84-99.

Q: What qualifies as a Non-USACE Program Levee?

A: Non-Federal levees are defined to include the following:

 • Levee systems not authorized by the U.S. Congress or other Federal agency authority;

 • Levee systems built by other Federal agencies and not incorporated into the USACE Federal system;

 • Locally built and maintained levee systems built by a local community; and

 • Levee systems that are privately built by a nonpublic organization or individuals and maintained by a local community.

Q: Does adhering to PM 43 delay the release of new DFIRMs?

A: The PM 43 process allows FEMA to issue the preliminary and effective DFIRMs while providing communities and levee owners a specified timeframe to submit the data and documentation necessary to show compliance with 44 CFR Section 65.10. For levee systems with maintenance deficiencies (that are otherwise believed to comply with the requirements of 44 CFR Section 65.10), the release of new DFIRMs may be delayed up to 1 year to provide the community/levee owner with additional time to correct these deficiencies.

It is important that community officials and citizens have the most accurate and up-to-date information to make decisions based on the flood risk that exists in areas behind levee systems. PM 43 allows for community officials and the public to have the most current flood hazard and risk information while the community or levee owner is given a reasonable amount of time to compile and submit data and documentation to show compliance with the requirements of 44 CFR Section 65.10.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

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MEMORANDUM FOR: Mitigation Division Directors
Regions I - X
image
 
FROM: Doug Bellomo, Director
Risk Analysis Division
 
SUBJECT: Procedure Memorandum No. 53
Guidance for Notification and Mapping of Existing
Provisionally Accredited Levee Designations
 

EFFECTIVE DATE: Effective April 24, 2009, for all current,
expiring, and Future Provisionally Accredited Levee Designations

Background: To clarify the guidance for the evaluation and mapping of levee systems provided in Appendix H of Guidelines and Specifications for Flood Hazard Mapping Partners, the Department of Homeland Security’s (DHS), Federal Emergency Management Agency (FEMA), issued Procedure Memorandum No. 43 (PM 43) on September 25, 2006. PM 43 introduced the concept of the Provisionally Accredited Levee (PAL) system designation and established a reasonable timeframe (24 months) for a community or levee system owner to supply data and documentation demonstrating that a levee system owner to supply data and documentation demonstrating that a levee system meets the requirements of the National Flood Insurance Program (NFIP) regulations cited in the Code of Federal Regulations (CFR) at Title 44, Chapter 1, Section 65.10 (44 CFR Section 65.10). FEMA also implemented certain timeframes (12 months) where communities and/or levee system owners are to submit progress reports during the 24-month PAL data and documentation submittal period. To address subsequent issues and provide further clarification of requirements, FEMA issued a revised version of PM 43 on March 16, 2007. On May 12, 2008, FEMA issued PM 45 to provide updated guidance on the notes that will appear on DFIRM panels on which levee systems and levee-impacted areas are shown.

Issue: As the 24-month deadline approaches for communities and/or levee system owners to submit 44 CFR Section 65.10-compliant data and documentation for the PAL systems, FEMA recognized that a plan for mapping levee-impacted areas after the PAL period expiration date

needed to be developed in association with a public outreach and awareness strategy for these areas. The plan needs to cover both accredited levee systems and de-accredited levee systems. In developing the plan, FEMA will continue to consider stakeholders’ concerns that communities and levee system owners are confronted with serious challenges in providing 44 CFR Section 65.10-compliant data and documentation.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Action Taken:

Guidelines have been produced to address these needs. The attached document, titled “Guidelines for Notification and Mapping of Expiring Provisionally Accredited Levee Designations,” summarizes planned activities related to the mapping of levee-impacted areas after the PAL period expires.

The attached guidance document is to be implemented by all Regions, contractors, and mapping partners as PAL expiration dates are reached.

Attachment:

“Guidelines for Notification and Mapping of Expiring Provisionally Accredited Levee Designations”

cc: See Distribution List

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Distribution List (electronic distribution only):

Office of the Acting Assistant Administrator for Mitigation

Risk Analysis Division

Risk Reduction Division

Risk Insurance Division

Regional Mitigation Division

Legislative Affairs Division

Office of Chief Counsel

Mapping Partners

Program Management Contractor

National Service Provider

Independent Verification and Validation Contractor

Map Service Center Contractor

Indefinite Delivery Indefinite Quantity Contractors

Customer and Data Services Contractor

Production and Technical Services Contractors

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Guidelines for Notification and Mapping of Expiring Provisionally Accredited Levee Designations

Notification of Provisionally Accredited Levee (PAL) Period Expiration

In advance of PAL designations expiring, each FEMA Regional Office will remind the levee system owners, communities, and other stakeholders of the impending expiration date. This notification will be accomplished by sending two letters during the 24-month expiration period to all appropriate parties. The Regional Offices will send the first letter 90 days before the PAL period expiration date, and Regional Offices will send the second letter 30 days before the PAL period expiration date. The attached letter templates are provided to support this Regional communication effort.

The Regional Offices will address the letters to each levee system owner signatory of the PAL Agreement, and will send copies of the letters to the following (at a minimum):

     • Chief Executive Officers of all affected communities;

     • Floodplain Administrators of all affected communities;

     • State National Flood Insurance Program (NFIP) Coordinators;

     • State levee safety officials, where appropriate;

     • District offices of U.S. Senators and U.S. Representatives; and

     • U.S. Army Corps of Engineers (USACE) District offices, if the PAL system is in USACE program. A USACE program levee system is defined in the Guidelines for Identifying Provisionally Accredited Levees (PALs), dated March 16, 2007.

It is important that appropriate Congressional offices are aware of this communication effort in advance of the PAL period expiration date. Therefore, in addition to sending copies of the letters, the Regional offices shall notify their Regional Legislative Affairs Division who may coordinate additional outreach efforts, as appropriate.

The Regional Offices may utilize certified mail with return receipts or fax the letters to the levee system owners and affected communities, following up with a telephone call, to confirm receipt of the original or faxes letters. FEMA Regions, or their assigned contractor will file return receipts, fax reports, or phone logs documenting the follow-up telephone calls in the case file for each affected community. FEMA Regions, or their assigned contractor also will assure that the documents are included with other technical and administrative support data in the Technical Support Data Notebook for the mapping project that commences upon the expiration of the PAL period.

Mapping Process for Expired PAL Designations

Upon expiration of a PAL period, the FEMA Regional Office will determine if the PAL system will be accredited or de-accredited. This determination will be based on several conditions:

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

     • Receipt of a 44 CFR Section 65.10-compliant data and documentation submittal for the levee system;

     • A Regional Office-funded review and approval or denial of the submittal based on completeness when compared with the 44 CFR Section 65.10-compliant levee system checklist; and

     • Resolution of conflicting data and documentation that may be submitted by other stakeholders.

FEMA will initiate a mapping project to revise the levee-impacted areas immediately upon determining that the PAL system is to be accredited or de-accredited. Depending on the scope and cost of the mapping project necessary to either accredit or de-accredit the system, the process can take up to 12 months before a Preliminary Digital Flood Insurance Rate Map (DFIRM) can be issued that reflects either the newly designated accredited or de-accredited levee system.

Physical Map Revisions (PMRs) will be used to revise DFIRMs that are impacted by FEMA revising the map notations (Map notes and Notes to Users) and floodplain boundary delineations for levee-impacted areas. There are some possible exceptions to this mapping project format. For example, a countywide study/mapping project may be warranted when the majority of the DFIRM panels are being impacted and another study is being processed concurrently within the County. However, it is not acceptable to delay the issuance of a PMR for the levee-impacted areas, to accommodate an ongoing study/mapping project for the purpose of issuing the revised map and report in Countywide Format. In addition, for a single panel mapping project to accredit a levee system, the Letter of Map Revision (LOMR) process may be appropriate, and the Regional Office should consult with FEMA Headquarters to make this determination.

For a de-accredited levee system, FEMA will not revise the floodplain and map notations associated with a PAL system using the LOMR process. There are too many risks associated with outreach and communication to be handled in a simplified process such as a LOMR. Further, from the start of the mapping project for a de-accredited levee system until the final effective date of the revised flood map, no less than 18 months shall pass to allow for proper outreach and due process. Any exceptions to either of these criteria must be coordinated with FEMA Headquarters.

Remapping of Area Impacted by an Accredited Levee System

For communities submitting 44 CFR Section 65.10-compliant data and documentation, the PAL designation will be revised on the DFIRM to identify the levee system as accredited. the notations in the Notes to Users regarding the PAL system must be removed and replaced with the current Notes to Users provided in Procedure Memorandum No. 45, making anything less than a full panel revision potentially confusing to users and, therefore, impractical. Procedures for evaluation and mapping of levee-impacted areas are found in Appendix H of FEMA’s Guidelines and Specifications for Flood Hazard Mapping Partners (the Guidelines) and in Procedure Memorandum No. 52 - Guidance for Mapping Processes Associated with Levee Systems. The standard processing and outreach practices that are associated with mapping projects shall be followed.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

Remapping of Area Impacted by a De-Accredited Levee System

At the end of 24-month PAL period, if the 44 CFR Section 65.10-compliant data and documentation submittal is not provided to FEMA, or if evidence is received by FEMA that the levee does not meet 65.10, or if the submittal is inadequate as determined by the Regional Office-funded review, FEMA will initiate a mapping project to de-accredit the levee system. Procedures for evaluation and mapping of levee-impacted areas are found in Appendix H of the Guidelines and in Procedure Memorandum No. 52. Procedure Memorandum No. 52 provides additional procedures for notification and outreach activities that shall be taken for de-accredited levee systems. This includes establishing a 90-day comment period (if an approximate Zone A area is mapped and no new Base Flood Elevations (BFEs) are proposed) or 90-day appeal period (if new or modified BFEs are proposed) following the issuance of the Preliminary DFIRM.

Levee Inventory

During the remapping of the area impacted by an accredited or de-accredited levee system procedures must be followed to ensure proper inventory and documentation occurs. FEMA’s Midterm Levee Inventory (MLI) and DFIRM database should be used as the appropriate systems to capture any updates for these mapping projects.

PAL Period Extensions Will Not Be Granted

FEMA will not grant extensions to the 24-month PAL period. Per Procedure Memorandum No. 43 - Guidelines for Identifying Provisionally Accredited Levees, in order for a levee to be provisionally accredited, the community or levee owner must commit to FEMA in writing to submit the full 44 CFR Section 65.10-compliant data and documentation for the levee within 24 months of this signed agreement. If the submittal is not received or is determined to be inadequate upon the expiration of the 24-month PAL period, FEMA will conclude that the levee is not 65.10-compliant and initiate a mapping project to publish a DFIRM that fully characterizes the appropriate flood hazard and risk associated with the de-accredited levee.

Accreditation Opportunities for Communities and Levee System Owners

FEMA will initiate a map revision immediately after the expiration of the PAL period. However, if a community or levee system owner can provide 44 CFR Section 65.10-compliant data and documentation for a de-accredited levee system, as determined by a Regional Office-funded review and approval based on completeness when compared with the 44 CFR Section 65.10-compliant levee system checklist, the levee system must be accredited and mapped accordingly, either within the current DFIRM update, or as soon as possible after the DFIRM becomes final. Thus, the timing of the submittal will drive the process.

If a community or levee system owner can provide 44 CFR Section 65.10-compliant data and documentation prior to a community adopting the DFIRM or prior to the four month period that would precede the effective date of the mapping project, whichever comes first, FEMA must revise the DFIRM and process it following the accreditation guidance above. While this process does not provide an extension to the PAL period, it allows communities and levee system owners additional time to provide the 44 CFR Section 65.10-compliant data and documentation submittal to FEMA before the DFIRM is finalized and becomes effective. This may cause FEMA to spend funds towards de-accreditation, only to receive the submittal and change direction toward accreditation during the mapping project. However, the need to be consistent nationwide in initiating map

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

revisions in a timely manner following the expiration of a PAL period offsets concerns related to costs.

If a community or levee system owner provides the FEMA Regional Office with the 44 CFR Section 65.10-compliant data and documentation submittal after the end of the appeal or comment period and after the community adopts the new DFIRM, FEMA will accredit the levee and map it accordingly as soon as possible after the DFIRM becomes final. There are several mapping options available to FEMA one the DFIRM becomes effective. Consequently, the FEMA Regional Office will consult with FEMA Headquarters staff to choose the mapping process that will accurately reflect the accredited levee on the effective DFIRM in an expeditious manner.

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

(Date)

[Mr./Ms.] [Name of Community CEO]

[Title]

[City/County]

[Address]

[City, State Zip]

[90-Day / 30-Day] Notification of Provisionally Accredited Levee Period Expiration

Dear [Mr./Ms.] [Name of Community CEO]:

This letter is to remind you of the upcoming (Date Data and Documentation Showing 65.10 Full Compliance is Due) deadline for (City/County Name and Levee System owner/operator) to submit all data and documentation required to demonstrate that [levee system known as (levee system name)] / [levee systems identified on the enclosed table] are in full compliance with the National Flood Insurance Program (NFIP) regulations cited in the Code of Federal Regulations (CFR) at Title 44, Chapter 1, Section 65.10 (44 CFR 65.10). On (Date of FEMA Acknowledgement for Signed PAL Agreement), the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security sent your community a letter acknowledging and accepting your signed Provisionally Accredited Levee (PAL) agreement (copy enclosed) for the [levee system known as (Levee System Name)] / [levee systems identified on the enclosed table]. That letter informed you that [this levee system / these levee systems] would be designated as [a PAL system / PAL systems] on the new Digital Flood Insurance Rate Map (DFIRM) for «County», «State» during a 24-month PAL period that started on (Date 2-Year PAL Period Started). The PAL designation is shown for [this levee / these levees/ on the [Preliminary / Effective] DIRM for (County Name, State Name) and Incorporated Areas.

The [levee system was / the levee systems were] shown with the PAL designation during the 24-month PAL period to convey to map users that verification of the [levee system’s / levee

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×

systems’] accreditation status was underway. FEMA previously recommended that the levee system owner/operator(s) and the impacted communities implement outreach efforts to inform affected property owners that an assessment of the levee system[s] was underway. FEMA also encouraged the purchase of flood insurance in the areas impacted by the PAL system[s], although property owners are not federally mandated to purchase flood insurance policies in these areas.

In accordance with 44 CFR 65.10, it is the responsibility of the community or other party seeking recognition of a levee system, to provide the data and documentation definite and outlined in 44 CFR 65.10. Specifically, the design and construction data provided must be certified by a Registered Professional Engineer or by a Federal agency with responsibility for levee design.

If you are able to submit the required data and documentation and it is found to be acceptable by FEMA, FEMA will initiate a map revision to accredit the levee system[s]. FEMA will map the areas impacted by the levee system[s] as a moderate-risk area, designated Zone X (shaded). The mandatory flood insurance purchase requirements of the NFIP do not apply to structures in areas designated as Zone X (shaded), nor do the NFIP minimum floodplain management requirements.

If you are unable to submit the required data and documentation by (Date Data and Documentation Showing 65.10 Full Compliance is Due) or if the submitted data and documentation are determined to be inadequate, FEMA will initiate a map revision to de-accredit the levee system[s] and map the impacted areas on the landward side of the levee system[s]. These areas will be remapped as Special Flood Hazard Areas (SFHAs), designated [Zone A / Zone AE]. The SFHA is the area that is subject to flooding during the 1-percent-annual-chance flood. The mandatory flood insurance purchase and minimum floodplain management requirements of the NFIP apply to structures within the SFHA.

The mapping process from start to finish in situations where a levee system is proposed to be deaccredited will take no less than 18 months. Data showing that the criteria of 44 CFR 65.10 have been met can be submitted at any time during that period or after. Data submitted prior to a community adopting the DFIRM or prior to the four month period that would precede the effective date of the mapping project, whichever comes first, will be incorporated into the maps prior to them becoming final.

Communities are encouraged to increase floodplain management efforts and promote the purchase of flood insurance for all homes and businesses in areas impacted by levee systems, including areas that are impacted by levee systems that have been certified as providing 1-percent-annual-chance flood protection. Risk is dynamic and may not be completely eliminated by any levee system. Levee systems are designed and built to provide a certain level of flood

protection and to reduce the risks associated with flooding events in general. Levee systems can be overtopped or fail during flood events that exceed the design-level storm. Additionally, it is highly recommend that you consider this risk in your local emergency management plans, including creating evacuation plans for this area.

Please send all complete 44 CFR 65.10 data and documentation submissions to my attention on or before (Date Data and Documentation Due). If you have questions or need additional information regarding the flood mapping for your community, please contact me by telephone at (Regional Contact Telephone Number), or by e-mail at (Regional Contact E-Mail Address).

Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×
Sincerely,


(Regional Contact Name), (Title)
Mitigation Division
Enclosures: [PAL Status Table]
Signed PAL Agreement(s)
 
cc: (Name and Title of Floodplain Administrator)
(Name and Title of State NFIP Coordinator)
(Name and Title of Impacted Community/Communities CEO)
(Name and Title of Senators/Congressional)
(Name and Title of USACE District Office Contact) (for B levees only)
Suggested Citation:"Appendix G: FEMA Procedure Memorandums 34, 43, and 53." National Research Council. 2013. Levees and the National Flood Insurance Program: Improving Policies and Practices. Washington, DC: The National Academies Press. doi: 10.17226/18309.
×
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×
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×
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×
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×
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×
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×
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The Federal Emergency Management Agency's (FEMA) Federal Insurance and Mitigation Administration (FIMA) manages the National Flood Insurance Program (NFIP), which is a cornerstone in the U.S. strategy to assist communities to prepare for, mitigate against, and recover from flood disasters. The NFIP was established by Congress with passage of the National Flood Insurance Act in 1968, to help reduce future flood damages through NFIP community floodplain regulation that would control development in flood hazard areas, provide insurance for a premium to property owners, and reduce federal expenditures for disaster assistance. The flood insurance is available only to owners of insurable property located in communities that participate in the NFIP. Currently, the program has 5,555,915 million policies in 21,881 communities3 across the United States.

The NFIP defines the one percent annual chance flood (100-year or base flood) floodplain as a Special Flood Hazard Area (SFHA). The SFHA is delineated on FEMA's Flood Insurance Rate Maps (FIRM's) using topographic, meteorologic, hydrologic, and hydraulic information. Property owners with a federally back mortgage within the SFHAs are required to purchase and retain flood insurance, called the mandatory flood insurance purchase requirement (MPR). Levees and floodwalls, hereafter referred to as levees, have been part of flood management in the United States since the late 1700's because they are relatively easy to build and a reasonable infrastructure investment. A levee is a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. A levee system is a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Recognizing the need for improving the NFIP's treatment of levees, FEMA officials approached the National Research Council's (NRC) Water Science and Technology Board (WSTB) and requested this study. The NRC responded by forming the ad hoc Committee on Levee and the National Flood Insurance Program: Improving Policies and Practices, charged to examine current FEMA treatment of levees within the NFIP and provide advice on how those levee-elated policies and activities could be improved. The study addressed four broad areas, risk analysis, flood insurance, risk reduction, and risk communication, regarding how levees are considered in the NFIP. Specific issues within these areas include current risk analysis and mapping procedures behind accredited and non-accredited levees, flood insurance pricing and the mandatory flood insurance purchase requirement, mitigation options to reduce risk for communities with levees, flood risk communication efforts, and the concept of shared responsibility. The principal conclusions and recommendations are highlighted in this report.

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