II 

110TH CONGRESS 

1ST SESSION S. 1938 

To provide for the reviewing, updating, and maintenance of National Flood 

Insurance Program rate maps, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2007 

Mr. REED introduced the following bill; which was read twice and referred to 

the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To provide for the reviewing, updating, and maintenance 

of National Flood Insurance Program rate maps, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Flood Map5 ping Act of 2007’’. 

6 SEC. 2. TECHNICAL MAPPING ADVISORY COUNCIL. 

7 (a) ESTABLISHMENT.—There is established a council 

8 to be known as the Technical Mapping Advisory Council 

9 (in this section referred to as the ‘‘Council’’). 

10 (b) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Council shall consist of 

2 the Administrator of the Federal Emergency Man3 agement Agency (in this Act referred to as the ‘‘Ad4 ministrator’’), or the designee thereof, and 14 addi5 tional members to be appointed by the Adminis6 trator or the designee of the Administrator, who 

7 shall be— 

8 (A) the Under Secretary of Commerce for 

9 Oceans and Atmosphere (or the designee there10 of); 

11 (B) a member of a recognized professional 

12 surveying association or organization; 

13 (C) a member of a recognized professional 

14 mapping association or organization; 

15 (D) a member of a recognized professional 

16 engineering association or organization; 

17 (E) a member of a recognized professional 

18 association or organization representing flood 

19 hazard determination firms; 

20 (F) a representative of the United States 

21 Geological Survey; 

22 (G) a representative of recognized profes23 sional association or organization representing 

24 State geographic information; 


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1 (H) a representative of State national flood 

2 insurance coordination offices; 

3 (I) a representative of the Corps of Engi4 neers; 

5 (J) the Secretary of the Interior (or the 

6 designee thereof); 

7 (K) the Secretary of Agriculture (or the 

8 designee thereof); 

9 (L) a member of a recognized regional 

10 flood and storm water management organiza11 tion; 

12 (M) a member of a regulated lending insti13 tution; and 

14 (N) a member of a flood insurance serv15 icing company. 

16 (2) QUALIFICATIONS.—Members of the Council 

17 shall be appointed based on their demonstrated 

18 knowledge and competence regarding surveying, car19 tography, remote sensing, geographic information 

20 systems, or the technical aspects of preparing and 

21 using flood insurance rate maps. 

22 (c) DUTIES.—The Council shall— 

23 (1) recommend to the Administrator how to im24 prove in a cost-effective manner the— 


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1 (A) accuracy, general quality, ease of use, 

2 and distribution and dissemination of flood in3 surance rate maps and risk data; and 

4 (B) performance metrics and milestones 

5 required to effectively and efficiently map flood 

6 risk areas in the United States; 

7 (2) recommend to the Administrator mapping 

8 standards and guidelines for— 

9 (A) flood insurance rate maps; and 

10 (B) data accuracy, data quality, data cur11 rency, and data eligibility; 

12 (3) recommend to the Administrator how to 

13 maintain on an ongoing basis flood insurance rate 

14 maps and flood risk identification; 

15 (4) recommend procedures for delegating map16 ping activities to State and local mapping partners; 

17 (5) recommend to the Administrator and other 

18 Federal agencies participating in the Council— 

19 (A) methods for improving interagency and 

20 intergovernmental coordination on flood map21 ping and flood risk determination; and 

22 (B) a funding strategy to leverage and co23 ordinate budgets and expenditures across Fed24 eral agencies; and 


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1 (6) submit an annual report to the Adminis2 trator that contains— 

3 (A) a description of the activities of the 

4 Council; 

5 (B) an evaluation of the status and per6 formance of flood insurance rate maps and 

7 mapping activities to revise and update flood in8 surance rate maps, as required under section 3; 

9 and 

10 (C) a summary of recommendations made 

11 by the Council to the Administrator. 

12 (d) CHAIRPERSON.—The members of the Council 

13 shall elect 1 member to serve as the chairperson of the 

14 Council (in this section referred to as the ‘‘Chairperson’’). 

15 (e) COORDINATION.—To ensure that the Council’s 

16 recommendations are consistent, to the maximum extent 

17 practicable, with national digital spatial data collection 

18 and management standards, the Chairperson shall consult 

19 with the Chairperson of the Federal Geographic Data 

20 Committee (established pursuant to OMB Circular A–16). 

21 (f) COMPENSATION.—Members of the Council shall 

22 receive no additional compensation by reason of their serv23 ice on the Council. 

24 (g) MEETINGS AND ACTIONS.— 


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1 (1) IN GENERAL.—The Council shall meet not 

2 less frequently than twice each year at the request 

3 of the Chairperson or a majority of its members, 

4 and may take action by a vote of the majority of the 

5 members. 

6 (2) INITIAL MEETING.—The Administrator, or 

7 a person designated by the Administrator, shall re8 quest and coordinate the initial meeting of the Coun9 cil. 

10 (h) OFFICERS.—The Chairperson may appoint offi11 cers to assist in carrying out the duties of the Council 

12 under subsection (c). 

13 (i) STAFF.— 

14 (1) STAFF OF FEMA.—Upon the request of the 

15 Chairperson, the Administrator may detail, on a 

16 nonreimbursable basis, personnel of the Federal 

17 Emergency Management Agency to assist the Coun18 cil in carrying out its duties. 

19 (2) STAFF OF OTHER FEDERAL AGENCIES.— 

20 Upon request of the Chairperson, any other Federal 

21 agency that is a member of the Council may detail, 

22 on a non-reimbursable basis, personnel to assist the 

23 Council in carrying out its duties. 

24 (j) POWERS.—In carrying out this section, the Coun25 cil may hold hearings, receive evidence and assistance, proVerDate Aug 31 2005 01:44 Aug 08, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1938.IS S1938

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1 vide information, and conduct research, as it considers ap2 propriate. 

3 (k) REPORT TO CONGRESS.—The Administrator, on 

4 an annual basis, shall report to the Committee on Bank5 ing, Housing, and Urban Affairs of the Senate, the Com6 mittee on Financial Services of the House of Representa7 tives, and the Office of Management and Budget on the— 

8 (1) recommendations made by the Council; and 

9 (2) actions taken by the Federal Emergency 

10 Management Agency to address such recommenda11 tions to improve flood insurance rate maps and flood 

12 risk data. 

13 SEC. 3. NATIONAL FLOOD MAPPING PROGRAM. 

14 (a) REVIEWING, UPDATING, AND MAINTAINING

15 MAPS.—The Administrator, in coordination with the 

16 Technical Mapping Advisory Council established under 

17 section 2, shall establish an ongoing program under which 

18 the Administrator shall review, update, and maintain Na19 tional Flood Insurance Program rate maps in accordance 

20 with this section. 

21 (b) MAPPING.— 

22 (1) IN GENERAL.—In carrying out the program 

23 established under subsection (a), the Administrator 

24 shall— 


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1 (A) identify, review, update, maintain, and 

2 publish National Flood Insurance Program rate 

3 maps with respect to— 

4 (i) all areas located within the 100- 

5 year floodplain; 

6 (ii) all areas located within the 500- 

7 year floodplain; 

8 (iii) areas of residual risk (defined as 

9 those areas with a 1 percent annual chance 

10 of flood conditions) that have not pre11 viously been identified, including areas that 

12 are protected by levees, dams, and other 

13 man-made structures; and 

14 (iv) areas that could be inundated as 

15 a result of the failure of a levee, dam, or 

16 other man-made structure; 

17 (B) establish or update flood-risk zone 

18 data in all such areas, and make estimates with 

19 respect to the rates of probable flood caused 

20 loss for the various flood risk zones for each 

21 such area; and 

22 (C) use, in identifying, reviewing, updat23 ing, maintaining, or publishing any National 

24 Flood Insurance Program rate map required 

25 under this section or under the National Flood 


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1 Insurance Act of 1968, the most accurate ele2 vation data available. 

3 (2) MAPPING ELEMENTS.—Each map updated 

4 under this section shall: 

5 (A) GROUND ELEVATION DATA.—Assess 

6 the accuracy of current ground elevation data 

7 used for hydrologic and hydraulic modeling of 

8 flooding sources and mapping of the flood haz9 ard and wherever necessary acquire new ground 

10 elevation data utilizing the most up-to-date 

11 geospatial technologies in accordance with the 

12 existing guidelines and specifications of the 

13 Federal Emergency Management Agency. 

14 (B) DATA ON A WATERSHED BASIS.—De15 velop National Flood Insurance Program flood 

16 data on a watershed basis— 

17 (i) to provide the most technically ef18 fective and efficient studies and hydrologic 

19 and hydraulic modeling; and 

20 (ii) to eliminate, to the maximum ex21 tent possible, discrepancies in base flood 

22 elevations between adjacent political sub23 divisions. 


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1 (C) OTHER DATA.—Include any other rel2 evant information as may be recommended by 

3 the Technical Mapping Advisory Council. 

4 (3) OTHER INCLUSIONS.—In updating maps 

5 under this section, the Administrator shall make 

6 available in digital technology on the website of the 

7 Federal Emergency Management Agency— 

8 (A) any relevant information on coastal in9 undation from— 

10 (i) an applicable inundation map of 

11 the Corps of Engineers; and 

12 (ii) data of the National Oceanic and 

13 Atmospheric Administration relating to 

14 storm surge modeling; 

15 (B) any relevant information of the United 

16 States Geological Survey on stream flows, wa17 tershed characteristics, and topography that is 

18 useful in the identification of flood hazard 

19 areas, as determined by the Administrator; 

20 (C) any relevant information on land sub21 sidence, coastal erosion areas, and other flood22 related hazards; and 

23 (D) any other relevant information as may 

24 be recommended by the Technical Mapping Ad25 visory Council. 


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1 (c) STANDARDS.—In updating and maintaining maps 

2 under this section, the Administrator shall— 

3 (1) establish standards to— 

4 (A) ensure that maps are adequate for— 

5 (i) flood risk determinations; and 

6 (ii) use by State and local govern7 ments in managing development to reduce 

8 the risk of flooding; and 

9 (B) facilitate identification and use of con10 sistent methods of data collection and analysis 

11 by the Administrator, in conjunction with State 

12 and local governments, in developing maps for 

13 communities with similar flood risks, as deter14 mined by the Administrator; and 

15 (2) publish maps in a format that is— 

16 (A) digital geospatial data compliant; 

17 (B) compliant with the open publishing 

18 and data exchange standards established by the 

19 Open Geospatial Consortium; and 

20 (C) compliant with the North American 

21 Vertical Datum of 1988 for new hydrologic and 

22 hydraulic engineering. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Administrator to 


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1 carry out this section $400,000,000 for each of fiscal 

2 years 2008 through 2013. 

3 SEC. 4. COORDINATION. 

4 (a) INTERAGENCY BUDGET CROSSCUT REPORT.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security, the Administrator, the Director of the Of7 fice of Management and Budget, and the heads of 

8 each Federal department or agency carrying out ac9 tivities under this Act shall work together to ensure 

10 that flood risk determination data and geospatial 

11 data are shared among Federal agencies in order to 

12 coordinate the efforts of the Nation to reduce its 

13 vulnerability to flooding hazards. 

14 (2) REPORT.—Not later than 30 days after the 

15 submission of the budget of the United States Gov16 ernment by the President to Congress, the Director 

17 of the Office of Management and Budget, in coordi18 nation with the Federal Emergency Management 

19 Agency, the United States Geological Survey, the 

20 National Oceanic and Atmospheric Administration, 

21 the Corps of Engineers, and other Federal agencies, 

22 as appropriate, shall submit to the appropriate au23 thorizing and appropriating committees of the Sen24 ate and the House of Representatives a financial re25 port, certified by the Secretary or head of each such 


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1 agency, an interagency budget crosscut report that 

2 displays the budget proposed for each of the Federal 

3 agencies working on flood risk determination data 

4 and related digital elevation models, including any 

5 planned interagency or intraagency transfers. 

6 (b) DUTIES OF THE ADMINISTRATOR.—In carrying 

7 out this Act, the Administrator shall— 

8 (1) participate, pursuant to section 216 of Pub9 lic Law 107–347 (116 Stat. 2945), in the establish10 ment of such standards and common protocols as 

11 are necessary to assure the interoperability of 

12 geospatial data for all users of such information; 

13 (2) coordinate with, seek assistance and co14 operation of, and provide liaison to the Federal Geo15 graphic Data Committee pursuant to Office of Man16 agement and Budget Circular A–16 and Executive 

17 Order 12906 for the implementation of and compli18 ance with such standards; 

19 (3) integrate with, leverage, and coordinate 

20 funding of, to the maximum extent practicable, the 

21 current flood mapping activities of each unit of 

22 State and local government; 

23 (4) integrate with, leverage, and coordinate, to 

24 the maximum extent practicable, the current 


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1 geospatial activities of other Federal agencies and 

2 units of State and local government; and 

3 (5) develop a funding strategy to leverage and 

4 coordinate budgets and expenditures, and to estab5 lish joint funding mechanisms with other Federal 

6 agencies and units of State and local government to 

7 share the collection and utilization of geospatial data 

8 among all governmental users. 

9 SEC. 5. REMOVAL OF LIMITATION ON STATE CONTRIBU10 TIONS FOR UPDATING FLOOD MAPS. 

11 Section 1360(f)(2) of the National Flood Insurance 

12 Act of 1968 (42 U.S.C. 4101(f)(2)) is amended by striking 

13 ‘‘, but which may not exceed 50 percent of the cost of 

14 carrying out the requested revision or update’’. 

15 SEC. 6. INTERAGENCY COORDINATION STUDY. 

16 (a) IN GENERAL.—The Administrator shall enter 

17 into a contract with the National Academy of Public Ad18 ministration to conduct a study on how the Federal Emer19 gency Management Agency— 

20 (1) should improve interagency and intergovern21 mental coordination on flood mapping, including a 

22 funding strategy to leverage and coordinate budgets 

23 and expenditures; and 

24 (2) can establish joint funding mechanisms with 

25 other Federal agencies and units of State and local 


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1 government to share the collection and utilization of 

2 data among all governmental users. 

3 (b) TIMING.—Not later than 1 year after the date 

4 of enactment of this Act, the National Academy of Public 

5 Administration shall report the findings of the study re6 quired under subsection (a) to the— 

7 (1) Committee on Banking, Housing, and 

8 Urban Affairs of the Senate; 

9 (2) Committee on Financial Services of the 

10 House of Representatives; 

11 (3) Committee on Appropriations of the Senate; 

12 and 

13 (4) Committee on Appropriations of the House 

14 of Representatives. 

Æ 


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