I 

115TH CONGRESS 

2D SESSION H. R. 7270 

To amend the Omnibus Public Land Management Act of 2009 to clarify 

the authority of the Administrator of the National Oceanic and Atmospheric Administration with respect to post-storm assessments, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2018 

Mr. WEBER of Texas (for himself and Mr. CRIST) introduced the following 

bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Natural Resources, and Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the Omnibus Public Land Management Act of 

2009 to clarify the authority of the Administrator of 

the National Oceanic and Atmospheric Administration 

with respect to post-storm assessments, 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 ‘‘COASTAL Implemen5 tation Act of 2018’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 7270 IH

1 SEC. 2. NAMED STORM EVENT MODEL AND POST-STORM 

2 ASSESSMENTS. 

3 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND

4 MANAGEMENT ACT OF 2009.—Section 12312 of the Om5 nibus Public Land Management Act of 2009 (33 U.S.C. 

6 3611) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2), by striking the pe9 riod at the end and inserting the following: ‘‘, 

10 except that the term shall not apply with re11 spect to a State or territory that has an oper12 ational wind and flood loss allocation system.’’; 

13 (B) in paragraph (6), by inserting ‘‘sus14 tained’’ before ‘‘winds’’; and 

15 (C) in paragraph (7), by striking ‘‘that 

16 threaten any portion of a coastal State’’ and in17 serting ‘‘for which post-storm assessments are 

18 conducted’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘540 days after 

23 the date of the enactment of the Con24 sumer Option for an Alternative Sys25 tem to Allocate Losses Act of 2012’’ 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 7270 IH

1 and inserting ‘‘December 31, 2019’’; 

2 and 

3 (II) by striking ‘‘by regulation’’; 

4 (ii) in subparagraph (B), by striking 

5 ‘‘every’’ and inserting ‘‘an’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(C) PUBLIC REVIEW.—The Administrator 

9 shall seek input and suggestions from the public 

10 before the Named Storm Event Model, or any 

11 modification to the Named Storm Event Model, 

12 takes effect.’’; and 

13 (B) in paragraph (2)— 

14 (i) by redesignating subparagraphs 

15 (B) and (C) as subparagraphs (D) and 

16 (E), respectively; 

17 (ii) by inserting after subparagraph 

18 (A) the following: 

19 ‘‘(B) DATA COLLECTION.— 

20 ‘‘(i) IN GENERAL.—Upon identifica21 tion of a named storm under subparagraph 

22 (A), and pursuant to the protocol estab23 lished under subsection (c), the Adminis24 trator may deploy sensors to enhance the 

25 collection of covered data in the areas in 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 7270 IH

1 coastal States that the Administrator de2 termines are at the highest risk of experi3 encing geophysical events that would cause 

4 indeterminate losses. 

5 ‘‘(ii) RULE OF CONSTRUCTION.—If 

6 the Administrator takes action under 

7 clause (i), that action may not be con8 strued as indicating that a post-storm as9 sessment will be developed for any coastal 

10 State in which that action is taken. 

11 ‘‘(C) IDENTIFICATION OF INDETERMINATE

12 LOSSES IN COASTAL STATES.—Not later than 

13 30 days after the first date on which sustained 

14 winds of not less than 39 miles per hour are 

15 measured in a coastal State during a named 

16 storm identified under subparagraph (A), the 

17 Secretary of Homeland Security shall notify the 

18 Administrator with respect to the existence of 

19 any indeterminate losses in that coastal State 

20 resulting from that named storm.’’; 

21 (iii) in subparagraph (D), as so redes22 ignated— 

23 (I) by striking ‘‘identification of 

24 a named storm under subparagraph 

25 (A)’’ and inserting ‘‘confirmation of 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 7270 IH

1 indeterminate losses identified under 

2 subparagraph (C) with respect to a 

3 named storm’’; and 

4 (II) by striking ‘‘assessment for 

5 such named storm’’ and inserting ‘‘as6 sessment for each coastal State that 

7 suffered such indeterminate losses as 

8 a result of the named storm’’; 

9 (iv) in subparagraph (E), as so redes10 ignated— 

11 (I) by striking ‘‘an identification 

12 of a named storm is made under sub13 paragraph (A)’’ and inserting ‘‘any in14 determinate losses are identified 

15 under subparagraph (C)’’; and 

16 (II) by striking ‘‘for such storm 

17 under subparagraph (B)’’ and insert18 ing ‘‘under subparagraph (D) for any 

19 coastal State that suffered such inde20 terminate losses’’; and 

21 (v) by adding at the end the following: 

22 ‘‘(F) SEPARATE POST-STORM ASSESS23 MENTS FOR A SINGLE NAMED STORM.— 

24 ‘‘(i) IN GENERAL.—The Administrator 

25 may conduct a separate post-storm assessVerDate Sep 11 2014 23:45 Dec 14, 2018 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7270.IH H7270

kjohnson on DSK79L0C42 with BILLS
6 

•HR 7270 IH

1 ment for each coastal State in which inde2 terminate losses are identified under sub3 paragraph (C). 

4 ‘‘(ii) TIMELINE.—If the Administrator 

5 conducts a separate post-storm assessment 

6 under clause (i), the Administrator shall 

7 complete the assessment based on the 

8 dates of actions that the Administrator 

9 takes under subparagraphs (C) and (D).’’; 

10 and 

11 (3) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘540 

13 days after the date of the enactment of the 

14 Consumer Option for an Alternative System to 

15 Allocate Losses Act of 2012’’ and inserting 

16 ‘‘December 31, 2019’’; 

17 (B) in paragraph (2), by inserting ‘‘, in the 

18 discretion of the Administrator,’’ after ‘‘of sen19 sors as may’’; and 

20 (C) in paragraph (4)(B), by inserting ‘‘and 

21 expend’’ after ‘‘receive’’. 

22 (b) AMENDMENTS TO THE NATIONAL FLOOD INSUR23 ANCE ACT OF 1968.—Section 1337 of the National Flood 

24 Insurance Act of 1968 (42 U.S.C. 4057) is amended— 

25 (1) in subsection (a)— 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 7270 IH

1 (A) in paragraph (3), by striking the pe2 riod at the end and inserting the following: ‘‘, 

3 except that the term shall not apply with re4 spect to a State or territory that has an oper5 ational wind and flood loss allocation system.’’; 

6 and 

7 (B) in paragraph (5), by inserting ‘‘sus8 tained’’ after ‘‘maximum’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘estab11 lish by rule’’ and inserting ‘‘publish for com12 ment in the Federal Register’’; and 

13 (B) in paragraph (2)(B), by inserting after 

14 ‘‘Elevation Certificate’’ the following: ‘‘, or 

15 other data or information used to determine a 

16 property’s current risk of flood, as determined 

17 by the Administrator,’’; 

18 (3) in subsection (c)(3)(A)(i), by striking ‘‘the 

19 issuance of the rule establishing the COASTAL For20 mula’’ and inserting ‘‘publication of the COASTAL 

21 Formula in the Federal Register as required by sub22 section (b)(1)’’; 

23 (4) in subsection (h)— 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 7270 IH

1 (A) by inserting ‘‘that issues a standard 

2 flood insurance policy under the national flood 

3 insurance program’’ after ‘‘company’’; and 

4 (B) by striking ‘‘or the COASTAL For5 mula’’ and inserting ‘‘, the COASTAL For6 mula, or any other loss allocation or post-storm 

7 assessment arising under the laws or ordinances 

8 of any State’’; 

9 (5) in subsection (i), by striking ‘‘after the date 

10 on which the Administrator issues the rule estab11 lishing the COASTAL Formula under subsection 

12 (b)’’ and inserting ‘‘60 days after publication of the 

13 COASTAL Formula in the Federal Register as re14 quired by subsection (b)(1)’’; and 

15 (6) by adding at the end the following: 

16 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to create a cause of action under 

18 this Act.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS