Amends the National Flood Insurance Act of 1968 to prohibit the Director of the Federal Emergency Management Agency (FEMA) from updating a flood plain area or a flood risk zone in a geographic area that meets the following conditions: (1) the area is intended to be protected by a levee that the Army Corps of Engineers determines has a design deficiency; (2) the entity responsible for the repair of such levee has implemented a repair plan that has been developed by the Corps or a professional licensed engineer and approved by the Corps or FEMA, that is based on sufficient and reasonably current design data that accurately reflects the condition of such levee and other flood protection facilities in the area, that will provide protection from the 1% annual chance flood for the area, and that includes an adequate financing mechanism; and (3) each state or local government with jurisdiction over any portion of the geographic area has implemented a surveillance and operations plan to provide for timely alerts and immediate remedial action when significant underseepage or potential failure occurs, has an evacuation plan, and has implemented an outreach and communication plan to advise occupants of potential flood risks, the opportunity to purchase flood insurance, and the consequences of failure to purchase insurance.
Exempts a geographic area if the Director: (1) determines that the area is protected by a system that provides protection from the 1% annual chance flood; or (2) has suspended the updating of flood plain areas or flood risk zones in such area in accordance with this Act for seven consecutive years.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3415 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3415
To suspend flood insurance rate map updates in geographic areas in
which certain levees are being repaired.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2009
Mr. Costello introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To suspend flood insurance rate map updates in geographic areas in
which certain levees are being repaired.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SUSPENSION OF FLOOD INSURANCE RATE MAP UPDATES IN GEOGRAPHIC
AREAS IN WHICH CERTAIN LEVEES ARE BEING REPAIRED.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
``(k) Suspension of Flood Insurance Rate Map Updates in Certain
Geographic Areas.--
``(1) Suspension.--Except as provided in paragraph (2), the
Director shall not update a flood plain area or a flood risk
zone in accordance with subsection (f) in a geographic area
that meets the following conditions:
``(A) The geographic area is intended to be
protected by a levee determined by the Army Corps of
Engineers to have a design deficiency.
``(B) The entity responsible for the repair of such
levee has implemented a plan to repair the levee that--
``(i) has been developed by the Army Corps
of Engineers or a professional engineer
licensed by a State licensing board;
``(ii) has been approved by the Army Corps
of Engineers or the Federal Emergency
Management Agency;
``(iii) is based on sufficient and
reasonably current design data that accurately
reflects the condition of such levee and other
flood protection facilities in the geographic
area;
``(iv) upon competion of the repair will
provide protection from the one percent annual
chance flood for the geographic area; and
``(v) includes an adequate financing
mechanism to pay for the implementation of the
plan.
``(C) Each State or local government with
jurisdiction over any portion of the geographic area
has developed and implemented a surveillance and
operations plan to provide for timely alerts and
immediate remedial action when significant underseepage
or potential failure occurs in such portion of the
geographic area.
``(D) Each State or local government with
jurisdiction over any portion of the geographic area
has an evacuation plan to be implemented in the event
of flooding in such portion of the geographic area.
``(E) Each State or local government with
jurisdiction over any portion of the geographic area
has developed and implemented an outreach and
communication plan to advise occupants in such portion
of the geographic area of potential flood risks, the
opportunity to purchase flood insurance, and the
consequences of failure to purchase flood insurance.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to a geographic area if--
``(A) the Director determines that such geographic
area is protected by a flood protection system that
provides protection from the one percent annual chance
flood; or
``(B) the Director has suspended the updating of
flood plain areas or flood risk zones in such
geographic area in accordance with paragraph (1) for
seven consecutive years.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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