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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5961
To increase the availability of flood insurance for agricultural
structures, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2025
Mr. LaMalfa (for himself, Mr. Garamendi, Mr. Valadao, and Mr. Harder of
California) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To increase the availability of flood insurance for agricultural
structures, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance for Farmers Act of
2025''.
SEC. 2. AGRICULTURAL STRUCTURES IN SPECIAL FLOOD HAZARD ZONES.
(a) Requirements for State and Local Land Use Controls.--Subsection
(a) of section 1315 of the National Flood Insurance Act of 1968 (42
U.S.C. 4022(a)) is amended by adding at the end the following new
paragraph:
``(3) Allowable local variances for certain agricultural
structures.--
``(A) Requirement.--Notwithstanding any other
provision of this Act--
``(i) the land use and control measures
adopted pursuant to paragraph (1) may not, for
purposes of such paragraph, be considered to be
inadequate or inconsistent with the
comprehensive criteria for land management and
use under section 1361 because such measures
provide that, in the case of any agricultural
structure that is located in an area having
special flood hazards, a variance from
compliance with the requirements to elevate or
floodproof such a structure and meeting the
requirements of subparagraph (B) may be
granted; and
``(ii) the Administrator may not suspend a
community from participation in the national
flood insurance program, or place such a
community on probation under such program,
because such land use and control measures
provide for such a variance.
This subparagraph shall not limit the ability of the
Administrator to take enforcement action against a
community that does not adopt adequate variance
criteria or establish proper enforcement mechanisms.
``(B) Variance; considerations.--The requirements
of this subparagraph with respect to a variance are as
follows:
``(i) The variance is granted by an
official from a duly constituted State or local
zoning authority, or other authorized public
body responsible for regulating land
development or occupancy in flood-prone areas.
``(ii) In the case of new construction,
such official has determined--
``(I) that neither floodproofing
nor elevation of the new structure to
the base flood elevation is
practicable; and
``(II) that the structure is not
located in--
``(aa) a designated
regulatory floodway;
``(bb) an area riverward of
a levee or other flood control
structure; or
``(cc) an area subject to
high velocity wave action or
seaward of flood control
structures.
``(iii) In the case of existing
structures--
``(I) if such structure is
substantially damaged or in need of
substantial repairs or improvements,
such official has determined that
neither floodproofing nor elevation to
the base flood elevation is
practicable; and
``(II) if such structure is located
within a designated regulatory
floodway, such official has determined
that the repair or improvement does not
result in any increase in base flood
levels during the base flood discharge.
``(iv) Such official has determined that
the variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or
ordinances.
``(v) Not more than one claim payment
exceeding $1,000 has been made for the
structure under flood insurance coverage under
this title within any period of 10 consecutive
years at any time prior to the granting of the
variance.
``(C) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Agricultural structure.--The term
`agricultural structure' has the meaning given
such term in paragraph (2)(D).
``(ii) Floodproofing.--The term
`floodproofing' means, with respect to a
structure, any combination of structural and
non-structural additions, changes, or
adjustments to the structure, including
attendant utilities and equipment, that reduce
or eliminate potential flood damage to real
estate or improved real property, water and
sanitary facilities, structures, or their
contents.''.
(b) Premium Rates.--Section 1308 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the
following new subsection:
``(n) Premium Rates for Certain Agricultural Structures With
Variances.--Notwithstanding any other provision of this Act, the
chargeable premium rate for coverage under this title for any structure
provided a variance pursuant to section 1315(a)(3) shall be the same as
the rate that otherwise would apply to such structure if the structure
had been dry floodproofed or a comparable actuarial rate based upon the
risk associated with structures within the applicable zone.''.
SEC. 3. OPTIONAL COVERAGE FOR UMBRELLA POLICIES.
(a) In General.--Subsection (b) of section 1306 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) the Administrator may provide that, in the case of
any commercial property or other residential property,
including multifamily rental property and agricultural
property, one umbrella policy be made available to every
insured upon renewal and every applicant with multiple
structures on the same property, except that--
``(A) purchase of such coverage shall be at the
option of the insured; and
``(B) any such coverage shall be made available
only at chargeable rates that are not less than the
estimated premium rates for such coverage determined in
accordance with section 1307(a)(1).''.
(b) Report to Congress.--Not later than the expiration of the 5-
year period beginning on the date of the enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall submit
to the Congress a report evaluating the implementation of section
1306(b)(6) of the National Flood Insurance Act of 1968, as added by the
amendments made by subsection (a) of this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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