HR 4050
Union Calendar No. 290
110th CONGRESS
1st Session
H. R. 4050
[Report No. 110-466]
To require the Administrator of the Federal Emergency Management
Agency to issue guidance providing a process for consideration of the
flood protections afforded by certain structures for purposes of the national
flood insurance program.
IN THE HOUSE OF REPRESENTATIVES
November 1, 2007
Ms. GIFFORDS (for herself and Mr. LATOURETTE) introduced the following
bill; which was referred to the Committee on Financial Services
December 4, 2007
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To require the Administrator of the Federal Emergency Management
Agency to issue guidance providing a process for consideration of the
flood protections afforded by certain structures for purposes of the national
flood insurance program.
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 `Levee-Like Structure Consideration Act of
2007'.
SEC. 2. CONSIDERATION OF STRUCTURES NOT CERTIFIABLE AS LEVEES IN FLOOD
INSURANCE MAPPING.
Not later than the expiration of the 90-day period beginning upon the
date of the enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue and make effective notice or guidance providing,
for purposes of determining floodplain areas and flood-risk zones under
the national flood insurance program--
(1) a process by which a community may make a request to the Administrator
for, and obtain, a determination of the nature and extent of any flood
protection afforded by any structure or feature (including man-made
and natural structures or features) that, on the applicable flood insurance
rate map in effect on January 1, 2003, was recognized as having some
mitigating effect on flood risk, but that does not meet the requirements,
under the regulations of the Administrator (44 C.F.R. 65.10, as in effect
on November 1, 2007), for recognition as a levee offering protection
from the base flood for purposes of such program, that--
(A) is similar to the procedure of the Administrator for identifying
and considering provisionally accredited levees for purposes of such
program;
(B) provides a 24-month period that begins upon the making of the
request during which--
(i) within 30 days after the commencement of such period, the Administrator
shall provisionally accredit the structure or feature for which
the request is made and shall issue an updated flood insurance map
for the area whose flood risk is affected by such structure or feature
that indicates such provisional accreditation;
(ii) the community may compile and submit to the Administrator,
at its own expense, any scientific and technical information appropriate
in determining the nature and extent of the flood protection afforded
by the structure or feature;
(iii) the Administrator shall take into consideration, in revising
or updating flood insurance rate maps, any scientific or technical
information submitted pursuant to clause (ii) by the community;
and
(iv) the flood insurance requirements and premium rates in effect
for the area whose flood risk is affected by the structure or feature
shall be the most recent such requirements and rates under which
the flood risk mitigation effects of the structure or feature were
given effect; and
(C) provides that the Administrator shall make a determination regarding
the request upon the expiration of such period; and
(2) that, upon the Administrator's determination pursuant to paragraph
(1)(C) with respect to such a structure or feature, any flood protections
so determined to be afforded by such structure or feature shall be recognized
on and incorporated in any revised or updated flood insurance rate maps
for any area whose flood risk is affected by any such structure or feature.
Union Calendar No. 290
110th CONGRESS
1st Session
H. R. 4050
[Report No. 110-466]
A BILL
To require the Administrator of the Federal Emergency Management Agency
to issue guidance providing a process for consideration of the flood protections
afforded by certain structures for purposes of the national flood insurance
program.
December 4, 2007
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
END
