II 

111TH CONGRESS 

2D SESSION S. 3051 

To suspend flood insurance rate map updates in geographic areas in which 

certain levees are being repaired. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2010 

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

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To suspend flood insurance rate map updates in geographic 

areas in which certain levees are being repaired. 

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

3 SECTION 1. SUSPENSION OF FLOOD INSURANCE RATE MAP 

4 UPDATES IN GEOGRAPHIC AREAS IN WHICH 

5 CERTAIN LEVEES ARE BEING REPAIRED. 

6 Section 1360 of the National Flood Insurance Act of 

7 1968 (42 U.S.C. 4101) is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(k) SUSPENSION OF FLOOD INSURANCE RATE MAP

10 UPDATES IN CERTAIN GEOGRAPHIC AREAS.— 


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•S 3051 IS

1 ‘‘(1) SUSPENSION.—Except as provided in 

2 paragraph (2), the Director shall not update a flood 

3 plain area or a flood risk zone in accordance with 

4 subsection (f) in a geographic area that meets the 

5 following conditions: 

6 ‘‘(A) The geographic area is intended to be 

7 protected by a levee determined by the Army 

8 Corps of Engineers to have a design deficiency. 

9 ‘‘(B) The entity responsible for the repair 

10 of such levee has implemented a plan to repair 

11 the levee that— 

12 ‘‘(i) has been developed by the Army 

13 Corps of Engineers or a professional engi14 neer licensed by a State licensing board; 

15 ‘‘(ii) has been approved by the Army 

16 Corps of Engineers or the Federal Emer17 gency Management Agency; 

18 ‘‘(iii) is based on sufficient and rea19 sonably current design data that accurately 

20 reflects the condition of such levee and 

21 other flood protection facilities in the geo22 graphic area; 

23 ‘‘(iv) upon completion of the repair 

24 will provide protection from the one perVerDate Nov 24 2008 22:35 Mar 01, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3051.IS S3051

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•S 3051 IS

1 cent annual chance flood for the geo2 graphic area; and 

3 ‘‘(v) includes an adequate financing 

4 mechanism to pay for the implementation 

5 of the plan. 

6 ‘‘(C) Each State or local government with 

7 jurisdiction over any portion of the geographic 

8 area has developed and implemented a surveil9 lance and operations plan to provide for timely 

10 alerts and immediate remedial action when sig11 nificant underseepage or potential failure occurs 

12 in such portion of the geographic area. 

13 ‘‘(D) Each State or local government with 

14 jurisdiction over any portion of the geographic 

15 area has an evacuation plan to be implemented 

16 in the event of flooding in such portion of the 

17 geographic area. 

18 ‘‘(E) Each State or local government with 

19 jurisdiction over any portion of the geographic 

20 area has developed and implemented an out21 reach and communication plan to advise occu22 pants in such portion of the geographic area of 

23 potential flood risks, the opportunity to pur24 chase flood insurance, and the consequences of 

25 failure to purchase flood insurance. 


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•S 3051 IS

1 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

2 apply with respect to a geographic area if— 

3 ‘‘(A) the Director determines that such ge4 ographic area is protected by a flood protection 

5 system that provides protection from the one 

6 percent annual chance flood; or 

7 ‘‘(B) the Director has suspended the up8 dating of flood plain areas or flood risk zones 

9 in such geographic area in accordance with 

10 paragraph (1) for seven consecutive years.’’. 

Æ 


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