I 
108TH CONGRESS 
1ST SESSION H. R. 1816
To amend the National Flood Insurance Act of 1968 to ensure homeowners 
are provided adequate notice of flood map changes and a fair opportunity 
to appeal such changes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2003
Mr. STARK introduced the following bill; which was referred to the Committee 
on Financial Services 
A BILL 
To amend the National Flood Insurance Act of 1968 to 
ensure homeowners are provided adequate notice of flood 
map changes and a fair opportunity to appeal such 
changes.
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 ‘‘National Flood Insur-
ance Program Fairness Act’’.
SEC. 2. NOTIFICATION AND APPEAL OF MAP CHANGES. 
Subsection (h) of section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended 
to read as follows: 
‘‘(h) NOTIFICATION AND APPEAL OF FLOOD MAP 
CHANGES BY COMMUNITY.—
‘‘(1) NOTIFICATION.—In the case of any change 
to flood insurance map panels, including any change 
in the form of a letter of map amendment or a letter 
of map revision, the Director shall provide notice of 
such change by—
‘‘(A) providing the chief executive officer of 
each community affected by the change, by reg-
istered mail, a copy of the revised maps for 
such community and a statement explaining the 
process under this subsection to appeal to the 
Director for changes in such revised maps; and 
‘‘(B) causing notice of such changes to be 
published in the Federal Register, which notice 
shall include information sufficient to identify 
the communities affected and the changes 
made, information explaining how to obtain 
copies of the changes and revisions, and a state-
ment explaining the process under this sub-
section to appeal to the Director for changes in 
such revised maps.
‘‘(2) APPEALS.—With respect to any change to 
a flood insurance map panel, during the 30-day pe-
riod beginning upon the occurrence of the last of the 
actions required under subparagraphs (A) and (B) 
of paragraph (1), a community affected by the 
change may appeal the change by submitting an ob-
jection to the change, in writing, to the Director. 
Such an objection may provide additional evidence 
relating to the objection or a request for additional 
time to obtain information related to the objection. 
The right of a community to appeal a change to 
flood insurance map panels under this subsection 
shall be in addition to any right or opportunity for 
a community to appeal such a change under section 
1363. 
‘‘(3) RESPONSE TO APPEAL.—During the 30-
day period that begins upon the receipt by the Di-
rector of an objection pursuant to paragraph (2), the 
Director shall determine whether to deny the objec-
tion, revise the changes to the flood insurance map 
panels in response to the objection, or to grant addi-
tional time to the community to obtain evidence re-
lated to the objection. Immediately upon making 
such determination, the Director shall notify the
chief executive officer of the community, in writing 
and by registered mail, of such determination. 
‘‘(4) ADDITIONAL TIME.—If the Director grants 
a community additional time to obtain evidence re-
lated to the objection—
‘‘(A) the notification pursuant to para-
graph (3) shall state the amount of time grant-
ed; and 
‘‘(B) during the 30-day period beginning 
upon the earlier of the submission of such evi-
dence or the expiration of such additional time 
granted, the Director shall determine whether 
to deny the objection or revise the changes to 
flood insurance map panels in response to the 
objection. 
Immediately upon making such determination, the 
Director shall notify the chief executive officer of the 
community, in writing and by registered mail, of 
such determination. 
‘‘(5) NOTIFICATION TO HOMEOWNERS.—
‘‘(A) IN
GENERAL.—Not later than 30 
days after any final determination described in 
subparagraph (B), the Director shall, by first 
class mail, provide written notification, to each 
owner of real property affected by the change to
flood insurance map panels resulting from such 
determination, of—
‘‘(i) the status of such property with 
respect to flood zone and flood insurance 
purchase requirements under this Act and 
the Flood Disaster Protection Act of 1973; 
and 
‘‘(ii) information regarding how and 
where to obtain any coverage required and 
the estimated cost of such coverage. 
‘‘(B) FINAL
DETERMINATIONS.—A final 
determination described in this subparagraph 
is—
‘‘(i) the expiration of the period under 
paragraph (2) without receipt by the Di-
rector of an objection in accordance with 
such paragraph; 
‘‘(ii) a determination pursuant to 
paragraph (3) or (4)(B) to deny an objec-
tion; or 
‘‘(iii) a determination pursuant to 
paragraph (3) or (4)(B) to revise the 
changes to flood insurance map panels in 
response to the objection in a manner such
that such panels are altered from the pan-
els in effect before such changes. 
‘‘(6) 
EFFECTIVE
DATE
OF
CHANGES.—A 
change to a flood insurance map panel shall take ef-
fect—
‘‘(A) with respect to any property for 
which such change results in the initial applica-
bility of any requirement under this Act or the 
Flood Disaster Protection Act of 1973 to pur-
chase flood insurance for the property, upon the 
expiration of the 6-month period beginning 
upon the date that notice under paragraph (5) 
is mailed to the owner of such property; and 
‘‘(B) with respect to any property for 
which such change results in elimination of any 
such purchase requirement or decreases the 
cost of coverage required, immediately upon the 
final determination under paragraph (5) re-
garding such change.’’. 
SEC. 3. REIMBURSEMENT OF PROPERTY OWNERS FOR 
COSTS INCURRED IN REQUESTS TO REMOVE 
PROPERTY FROM BASE FLOOD ELEVATIONS. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101) is amended by adding at the end 
the following new subsection:
‘‘(k) REIMBURSEMENT OF PROPERTY OWNERS FOR 
COSTS INCURRED IN REQUESTS TO REMOVE PROPERTY 
FROM BASE FLOOD ELEVATIONS.—If an owner of a real 
property incurs expense in connection with the services of 
surveyors, engineers, or similar services, but not including 
legal services, in effecting any request to the Director to 
remove the property from inclusion within the base flood 
elevations established under flood insurance map panels, 
and the Director grants such request in whole or in part, 
the Director shall reimburse such individual for such ex-
pense. The amount of such reimbursement shall be deter-
mined by the Director, based on the ratio of the successful 
portion of the request as compared to the entire request. 
The Director shall apply such ratio to the average cost 
of such services in the community for jobs of a similar 
size.’’. 
SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELE-
VATIONS. 
Section 1363 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104) is amended by striking the section 
designation and all that follows through the end of sub-
section (a) and inserting the following: 
‘‘SEC. 1363. (a) In establishing projected flood ele-
vations for land use purposes with respect to any commu-
nity pursuant to section 1361, the Director shall first pro-
pose such determinations—
‘‘(1) by providing the chief executive officer of 
each community affected by the proposed elevations, 
by registered mail, notice of the elevations, including 
a copy of the maps for the elevations for such com-
munity and a statement explaining the process 
under this section to appeal for changes in such ele-
vations; 
‘‘(2) by causing notice of such elevations to be 
published in the Federal Register, which notice shall 
include information sufficient to identify the ele-
vation determinations and the communities affected, 
information explaining how to obtain copies of the 
elevations, and a statement explaining the process 
under this section to appeal for changes in the ele-
vations; and 
‘‘(3) by publishing the elevations in a prominent 
local newspaper.’’.
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