HR 2078

112th CONGRESS
1st Session

H. R. 2078

To amend the National Flood Insurance Act of 1968 to provide for greater notification of flood insurance rate map changes and the appeals process, extensions of the appeals process, reimbursement for successful map change petitions outside of the standard appeals process, and removal of certain properties from flood insurance rate maps.

IN THE HOUSE OF REPRESENTATIVES

June 1, 2011

Mr. LOEBSACK introduced the following bill; which was referred to the Committee on Financial Services

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A BILL

To amend the National Flood Insurance Act of 1968 to provide for greater notification of flood insurance rate map changes and the appeals process, extensions of the appeals process, reimbursement for successful map change petitions outside of the standard appeals process, and removal of certain properties from flood insurance rate maps.

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 `Homeowners Flood Insurance Awareness Act'.

SEC. 2. TELEVISION AND RADIO ANNOUNCEMENT.

(a) In General- Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended--

(1) in subsection (a), by inserting after `determinations' the following: `by notifying a prominent local television and radio station, by notifying each Member of the House of Representatives and each Senator that represents any part of such community,'; and

(2) in the first sentence of subsection (b), by inserting before the period at the end the following: `, shall publish notice of the 90-day period for appeals referred to in the second sentence, and shall notify a prominent local television and radio station and the Members of the House of Representatives and Senators referred to in subsection (a) at least once during the same 10-day period'.

(b) Applicability- The amendments made by subsection (a) shall apply with respect to any flood elevation determination for any area in a community that has not, as of the date of the enactment of this Act, been issued a Letter of Final Determination for such determination under the flood insurance map modernization process.

SEC. 3. EXTENSION OF APPEAL PERIOD.

(a) In General- Section 1363(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(b)), as amended by section 1(a)(2), is further amended--

(1) by striking `(b) The Director' and inserting `(b)(1) The Director'; and

(2) by adding at the end the following new paragraph:

`(2) The Administrator shall grant an extension of the 90-day period for appeals referred to in paragraph (1) for 90 additional days if an affected community certifies to the Administrator, after the expiration of at least 60 days of such period, that the community--

`(A) believes there are property owners or lessees in the community who are unaware of such period for appeals; and

`(B) will utilize the extension to notify property owners or lessees who are affected by the proposed flood elevation determinations of the period for appeals and the opportunity to appeal the determinations proposed by the Administrator.'.

(b) Applicability- The amendments made by subsection (a) shall apply with respect to any flood elevation determination for any area in a community that has not, as of the date of the enactment of this Act, been issued a Letter of Final Determination for such determination under the flood insurance map modernization process.

SEC. 4. REIMBURSEMENT FOR SUCCESSFUL MAP CHANGES OUTSIDE OF APPEAL PROCESS.

Section 1363(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(f)) is amended--

(1) by inserting `or any other petition to dispute the designation of a property as being located in an area with a special flood hazard' after `subsection (b) or (c)'; and

(2) by inserting `or other petition' after `of an appeal'.

SEC. 5. PERMANENT REMOVAL FROM FLOOD INSURANCE RATE MAP UNDER CERTAIN CIRCUMSTANCES.

Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104), as amended by the preceding sections, is further amended by adding at the end the following new subsection:

`(h) The Administrator shall annually revise each flood insurance rate map to permanently remove from each such map any property for which an owner or lessee of such property or a community is successful in a petition to remove the designation of such property as being located in an area with a special flood hazard and shall ensure that each such map indicates no history of such property being designated as located in an area with a special flood hazard.'.

SEC. 6. CONFORMING AMENDMENT.

The heading of section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended by striking `APPEALS' and inserting `APPEALS AND OTHER OWNER INITIATED MAP CHANGES'.

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