I 

111TH CONGRESS 

1ST SESSION H. R. 3415 

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

certain levees are being repaired. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2009 

Mr. COSTELLO introduced the following bill; which was referred to the 

Committee on Financial Services 

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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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 competion of the repair will 

24 provide protection from the one percent 


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1 annual chance flood for the geographic 

2 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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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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