SEC. 2. CONSIDERATION OF STRUCTURES NOT CERTIFI-
ABLE AS LEVEES IN FLOOD INSURANCE MAP-
PING. 
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 de-
termination of the nature and extent of any flood 
protection afforded by any structure or feature (in-
cluding man-made and natural structures or fea-
tures) 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 reg-
ulations 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 Ad-
ministrator for identifying and considering pro-
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visionally accredited levees for purposes of such 
program; 
(B) provides a 24-month period that be-
gins upon the making of the request during 
which— 
(i) within 30 days after the com-
mencement of such period, the Adminis-
trator shall provisionally accredit the struc-
ture or feature for which the request is 
made and shall issue an updated flood in-
surance map for the area whose flood risk 
is affected by such structure or feature 
that indicates such provisional accredita-
tion; 
(ii) the community may compile and 
submit to the Administrator, at its own ex-
pense, any scientific and technical informa-
tion 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 tech-
nical information submitted pursuant to 
clause (ii) by the community; and 
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(iv) the flood insurance requirements 
and premium rates in effect for the area 
whose flood risk is affected by the struc-
ture 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 determina-
tion 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 fea-
ture 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 struc-
ture or feature. 
Æ 
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