I 
117TH CONGRESS 
2D SESSION 
H. R. 7865 
To increase the availability of flood insurance for agricultural structures, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2022 
Mr. GARAMENDI (for himself and Mr. LAMALFA) introduced the following bill; 
which was referred to the Committee on Financial Services 
A BILL 
To increase the availability of flood insurance for agricultural 
structures, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Flood Insurance for 
Farmers Act of 2022’’. 
SEC. 2. AGRICULTURAL STRUCTURES IN SPECIAL FLOOD 
HAZARD ZONES. 
(a) REQUIREMENTS FOR STATE AND LOCAL LAND 
USE CONTROLS.—Subsection (a) of section 1315 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
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4022(a)) is amended by adding at the end the following 
new paragraph: 
‘‘(3) ALLOWABLE LOCAL VARIANCES FOR CER-
TAIN AGRICULTURAL STRUCTURES.— 
‘‘(A) 
REQUIREMENT.—Notwithstanding 
any other provision of this Act— 
‘‘(i) the land use and control meas-
ures adopted pursuant to paragraph (1) 
may not, for purposes of such paragraph, 
be considered to be inadequate or incon-
sistent with the comprehensive criteria for 
land management and use under section 
1361 because such measures provide that, 
in the case of any agricultural structure 
that is located in an area having special 
flood hazards, a variance from compliance 
with the requirements to elevate or 
floodproof such a structure and meeting 
the requirements of subparagraph (B) may 
be granted; and 
‘‘(ii) the Administrator may not sus-
pend a community from participation in 
the national flood insurance program, or 
place such a community on probation 
under such program, because such land 
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use and control measures provide for such 
a variance. 
This subparagraph shall not limit the ability of 
the Administrator to take enforcement action 
against a community that does not adopt ade-
quate variance criteria or establish proper en-
forcement mechanisms. 
‘‘(B) VARIANCE; CONSIDERATIONS.—The 
requirements of this subparagraph with respect 
to a variance are as follows: 
‘‘(i) The variance is granted by an of-
ficial from a duly constituted State or local 
zoning authority, or other authorized pub-
lic body responsible for regulating land de-
velopment or occupancy in flood-prone 
areas. 
‘‘(ii) In the case of new construction, 
such official has determined— 
‘‘(I) that neither floodproofing 
nor elevation of the new structure to 
the base flood elevation is practicable; 
and 
‘‘(II) that the structure is not lo-
cated in— 
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‘‘(aa) a designated regu-
latory floodway; 
‘‘(bb) an area riverward of a 
levee or other flood control struc-
ture; or 
‘‘(cc) an area subject to high 
velocity wave action or seaward 
of flood control structures. 
‘‘(iii) In the case of existing struc-
tures— 
‘‘(I) if such structure is substan-
tially damaged or in need of substan-
tial repairs or improvements, such of-
ficial has determined that neither 
floodproofing nor elevation to the base 
flood elevation is practicable; and 
‘‘(II) if such structure is located 
within a designated regulatory flood-
way, such official has determined that 
the repair or improvement does not 
result in any increase in base flood 
levels during the base flood discharge. 
‘‘(iv) Such official has determined 
that the variance will not result in in-
creased flood heights, additional threats to 
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public safety, extraordinary public expense, 
create nuisances, cause fraud on or victim-
ization of the public, or conflict with exist-
ing local laws or ordinances. 
‘‘(v) Not more than one claim pay-
ment exceeding $1,000 has been made for 
the structure under flood insurance cov-
erage under this title within any period of 
10 consecutive years at any time prior to 
the granting of the variance. 
‘‘(C) DEFINITIONS.—For purposes of this 
paragraph, the following definitions shall apply: 
‘‘(i) AGRICULTURAL
STRUCTURE.— 
The term ‘agricultural structure’ has the 
meaning given such term in paragraph 
(2)(D), except that such term includes not 
more than one single-family dwelling that, 
as of the date of enactment of this para-
graph, is located on the same property as 
the agricultural operation, but only if such 
dwelling is occupied by the owner or oper-
ator of the operation. 
‘‘(ii) 
FLOODPROOFING.—The 
term 
‘floodproofing’ means, with respect to a 
structure, any combination of structural 
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and non-structural additions, changes, or 
adjustments to the structure, including at-
tendant utilities and equipment, that re-
duce or eliminate potential flood damage to 
real estate or improved real property, 
water and sanitary facilities, structures, or 
their contents.’’. 
(b) PREMIUM RATES.—Section 1308 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended 
by adding at the end the following new subsection: 
‘‘(n) PREMIUM RATES FOR CERTAIN AGRICULTURAL 
STRUCTURES WITH VARIANCES.—Notwithstanding any 
other provision of this Act, the chargeable premium rate 
for coverage under this title for any structure provided a 
variance pursuant to section 1315(a)(3) shall be the same 
as the rate that otherwise would apply to such structure 
if the structure had been dry floodproofed or a comparable 
actuarial rate based upon the risk associated with struc-
tures within the applicable AL-E zone established under 
section 1360(l).’’. 
SEC. 3. OPTIONAL COVERAGE FOR UMBRELLA POLICIES. 
(a) IN GENERAL.—Subsection (b) of section 1306 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4013(b)), is amended— 
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(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) the Administrator may provide that, in the 
case of any commercial property or other residential 
property, including multifamily rental property and 
agricultural property, one umbrella policy be made 
available to every insured upon renewal and every 
applicant with multiple structures on the same prop-
erty, except that— 
‘‘(A) purchase of such coverage shall be at 
the option of the insured; and 
‘‘(B) any such coverage shall be made 
available only at chargeable rates that are not 
less than the estimated premium rates for such 
coverage determined in accordance with section 
1307(a)(1).’’. 
(b) REPORT TO CONGRESS.—Not later than the expi-
ration of the 5-year period beginning on the date of the 
enactment of this Act, the Administrator of the Federal 
Emergency Management Agency shall submit to the Con-
gress a report evaluating the implementation of section 
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1306(b)(6) of the National Flood Insurance Act of 1968, 
as added by the amendments made by subsection (a) of 
this section. 
Æ 
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