H. R. 4348—564 
(d) CONSULTATION.—In carrying out the study and report under 
subsection (a), the Director of the Federal Insurance Office shall 
consult with the National Academy of Sciences, State insurance 
regulators, consumer organizations, representatives of the insurance 
and reinsurance industry, policyholders, and other organizations 
and experts, as appropriate. 
SEC. 100248. FLOOD PROTECTION IMPROVEMENTS CONSTRUCTED ON 
CERTAIN PROPERTIES. 
(a) DEFINITION.—In this section, the term ‘‘covered hazard miti-
gation land’’ means land that— 
(1) was acquired and deed restricted under section 1366 
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 
during the period beginning on March 1, 2008, and ending 
on December 31, 2008; 
(2) is located at— 
(A) 809 East Main Cross Street, Findlay, Ohio, 45840; 
(B) 801 East Main Cross Street, Findlay, Ohio, 45840; 
(C) 725 East Main Cross Street, Findlay, Ohio, 45840; 
or 
(D) 631 East Main Cross Street, Findlay, Ohio, 45840; 
and 
(3) is located in a community that— 
(A) is participating in the National Flood Insurance 
Program on the date on which a State, local, or tribal 
government submits an application requesting to construct 
a flood protection improvement under subsection (b); and 
(B) certifies to the Administrator and the Chief of 
Engineers that the community will continue to participate 
in the National Flood Insurance Program. 
(b) AUTHORITY.—Notwithstanding any other prohibition on 
construction on property acquired with funding from the Federal 
Emergency Management Agency for conversion to open space pur-
poses, the Administrator shall allow the construction of a flood 
protection improvement by a State, local, or tribal government 
on covered hazard mitigation land if— 
(1) the Administrator and the Chief of Engineers make 
a determination that— 
(A) construction of the proposed flood protection 
improvement would more effectively mitigate against 
flooding risk than an open floodplain or other flood risk 
reduction measures; 
(B) the proposed flood protection improvement complies 
with Federal, State, and local requirements, including miti-
gation of adverse impacts and implementation of floodplain 
management requirements, which shall include an evalua-
tion of whether the construction, operation, and mainte-
nance of the proposed flood protection improvement— 
(i) would continue to meet best available industry 
standards and practices; 
(ii) would be the most cost-effective measure to 
protect against the assessed flood risk; and 
(iii) minimizes future costs to the Federal Govern-
ment; 
(C) the State, local, or tribal government seeking to 
construct the flood protection improvement has provided
H. R. 4348—565 
an adequate maintenance plan that documents the proce-
dures the State, local, or tribal government will use to 
ensure that the stability, height, and overall integrity of 
the proposed flood protection improvement and the struc-
ture and systems of the proposed flood protection improve-
ment are maintained, including— 
(i) specifying the maintenance activities to be per-
formed; 
(ii) specifying the frequency with which mainte-
nance activities will be performed; 
(iii) specifying the person responsible for per-
forming each maintenance activity (by name or title); 
(iv) detailing the plan for financing the mainte-
nance of the flood protection improvement; and 
(v) documenting the ability of the State, local, or 
tribal government to finance the maintenance of the 
flood protection improvement; and 
(2) before the commencement of construction, the State, 
local, or tribal government provides to the Administrator an 
amount— 
(A) equal to the Federal share of all project costs 
previously provided by the Administrator under the 
applicable program for each deed restricted parcel of the 
covered hazard mitigation land, which the Administrator 
shall deposit in the National Flood Insurance Fund; and 
(B) that does not include any Federal funds. 
(c) MAINTENANCE CERTIFICATION.— 
(1) IN GENERAL.—A State, local, or tribal government that 
constructs a flood protection improvement under subsection 
(b) shall submit to the Administrator and the Chief of Engineers 
an annual certification indicating whether the State, local, or 
tribal government is in compliance with the maintenance plan 
provided under subsection (b)(1)(C). 
(2) REVIEW.—The Chief of Engineers shall review each 
certification submitted under paragraph (1) and determine 
whether the State, local, or tribal government has complied 
with the maintenance plan. 
SEC. 100249. NO CAUSE OF ACTION. 
No cause of action shall exist and no claim may be brought 
against the United States for violation of any notification require-
ment imposed upon the United States by this subtitle or any amend-
ment made by this subtitle. 
Subtitle B—Alternative Loss Allocation 
SEC. 100251. SHORT TITLE. 
This subtitle may be cited as the ‘‘Consumer Option for an 
Alternative System to Allocate Losses Act of 2012’’ or the 
‘‘COASTAL Act of 2012’’. 
SEC. 100252. ASSESSING AND MODELING NAMED STORMS OVER 
COASTAL STATES. 
Subtitle C of title XII of the Omnibus Public Land Management 
Act of 2009 (33 U.S.C. 3601 et seq.) (also known as the ‘‘Integrated 
Coastal and Ocean Observation System Act of 2009’’) is amended 
by adding at the end the following:
H. R. 4348—566 
‘‘SEC. 12312. ASSESSING AND MODELING NAMED STORMS OVER 
COASTAL STATES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COASTAL FORMULA.—The term ‘COASTAL Formula’ 
has the meaning given the term in section 1337(a) of the 
National Flood Insurance Act of 1968. 
‘‘(2) COASTAL
STATE.—The term ‘coastal State’ has the 
meaning given the term ‘coastal state’ in section 304 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 
‘‘(3) COASTAL WATERS.—The term ‘coastal waters’ has the 
meaning given the term in such section. 
‘‘(4) COVERED DATA.—The term ‘covered data’ means, with 
respect to a named storm identified by the Administrator under 
subsection (b)(2)(A), empirical data that are— 
‘‘(A) collected before, during, or after such storm; and 
‘‘(B) necessary to determine magnitude and timing of 
wind speeds, rainfall, the barometric pressure, river flows, 
the extent, height, and timing of storm surge, topographic 
and bathymetric data, and other measures required to 
accurately model and assess damage from such storm. 
‘‘(5) INDETERMINATE LOSS.—The term ‘indeterminate loss’ 
has the meaning given the term in section 1337(a) of the 
National Flood Insurance Act of 1968. 
‘‘(6) NAMED STORM.—The term ‘named storm’ means any 
organized weather system with a defined surface circulation 
and maximum winds of at least 39 miles per hour which 
the National Hurricane Center of the United States National 
Weather Service names as a tropical storm or a hurricane. 
‘‘(7) NAMED STORM EVENT MODEL.—The term ‘Named Storm 
Event Model’ means the official meteorological and oceano-
graphic computerized model, developed by the Administrator 
under subsection (b)(1)(A), which utilizes covered data to rep-
licate the magnitude, timing, and spatial variations of winds, 
rainfall, and storm surges associated with named storms that 
threaten any portion of a coastal State. 
‘‘(8) PARTICIPANT.—The term ‘participant’ means a Federal, 
State, or private entity that chooses to cooperate with the 
Administrator in carrying out the provisions of this section 
by collecting, contributing, and maintaining covered data. 
‘‘(9) 
POST-STORM
ASSESSMENT.—The 
term 
‘post-storm 
assessment’ means a scientific assessment produced and cer-
tified by the Administrator to determine the magnitude, timing, 
and spatial variations of winds, rainfall, and storm surges 
associated with a specific named storm to be used in the 
COASTAL Formula. 
‘‘(10) STATE.—The term ‘State’ means a State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the United States. 
‘‘(b) NAMED STORM EVENT MODEL AND POST-STORM ASSESS-
MENT.— 
‘‘(1) ESTABLISHMENT OF NAMED STORM EVENT MODEL.— 
‘‘(A) IN GENERAL.—Not later than 540 days after the 
date of the enactment of the Consumer Option for an 
Alternative System to Allocate Losses Act of 2012, the 
Administrator shall develop by regulation the Named 
Storm Event Model.
H. R. 4348—567 
‘‘(B) ACCURACY.—The Named Storm Event Model shall 
be designed to generate post-storm assessments, as pro-
vided in paragraph (2), that have a degree of accuracy 
of not less than 90 percent for every indeterminate loss 
for which a post-storm assessment is utilized. 
‘‘(2) POST-STORM ASSESSMENT.— 
‘‘(A) IDENTIFICATION OF NAMED STORMS THREATENING 
COASTAL STATES.—After the establishment of the COASTAL 
Formula, the Administrator shall, in consultation with the 
Secretary of Homeland Security, identify named storms 
that may reasonably constitute a threat to any portion 
of a coastal State. 
‘‘(B) POST-STORM ASSESSMENT REQUIRED.—Upon identi-
fication of a named storm under subparagraph (A), the 
Administrator shall develop a post-storm assessment for 
such named storm using the Named Storm Event Model 
and covered data collected for such named storm pursuant 
to the protocol established under subsection (c)(1). 
‘‘(C) SUBMITTAL
OF
POST-STORM
ASSESSMENT.—Not 
later than 90 days after an identification of a named storm 
is made under subparagraph (A), the Administrator shall 
submit to the Secretary of Homeland Security the post- 
storm assessment developed for such storm under subpara-
graph (B). 
‘‘(3) ACCURACY.—The Administrator shall ensure, to the 
greatest extent practicable, that each post-storm assessment 
developed under paragraph (2) has a degree of accuracy of 
not less than 90 percent. 
‘‘(4) CERTIFICATION.—For each post-storm assessment car-
ried out under paragraph (2), the Administrator shall— 
‘‘(A) certify the degree of accuracy for such assessment, 
including specific reference to any segments or geographic 
areas for which the assessment is less than 90 percent 
accurate; and 
‘‘(B) report such certification to the Secretary of Home-
land Security for the purposes of use with indeterminate 
loss claims under section 1337 of the National Flood Insur-
ance Act of 1968. 
‘‘(5) FINALITY OF DETERMINATIONS.—A certification of the 
degree of accuracy of a post-storm assessment under this sub-
section by the Administrator shall be final and shall not be 
subject to judicial review. 
‘‘(6) AVAILABILITY.—The Administrator shall make avail-
able to the public the Named Storm Event Model and any 
post-storm assessment developed under this subsection. 
‘‘(c) ESTABLISHMENT OF A PROTOCOL FOR POST-STORM ASSESS-
MENT.— 
‘‘(1) IN GENERAL.—Not later than 540 days after the date 
of the enactment of the Consumer Option for an Alternative 
System to Allocate Losses Act of 2012, the Administrator shall 
establish a protocol, based on the plan submitted under sub-
section (d)(3), to collect and assemble all covered data required 
by the Administrator to produce post-storm assessments 
required by subsection (b), including assembling data collected 
by participants and stored in the database established under 
subsection (f) and from such other sources as the Administrator 
considers appropriate.
H. R. 4348—568 
‘‘(2) ACQUISITION
OF
SENSORS
AND
STRUCTURES.—If the 
Administrator is unable to use a public or private asset to 
obtain covered data as part of the protocol established under 
paragraph (1), the Administrator may acquire such sensors 
and structures for the placement of sensors as may be necessary 
to obtain such data. 
‘‘(3) USE
OF
FEDERAL
ASSETS.—If the protocol requires 
placement of a sensor to develop assessments pursuant to sub-
section (b), the Administrator shall, to the extent practicable, 
use Federal assets for the placement of such sensors. 
‘‘(4) USE OF ACQUIRED STRUCTURES.— 
‘‘(A) IN
GENERAL.—If the Administrator acquires a 
structure for the placement of a sensor for purposes of 
such protocol, the Administrator shall to the extent prac-
tical permit other public and private entities to place sen-
sors on such structure to collect— 
‘‘(i) meteorological data; 
‘‘(ii) national security-related data; 
‘‘(iii) navigation-related data; 
‘‘(iv) hydrographic data; or 
‘‘(v) such other data as the Administrator considers 
appropriate. 
‘‘(B) RECEIPT OF CONSIDERATION.—The Administrator 
may receive consideration for the placement of a sensor 
on a structure under subparagraph (A). 
‘‘(C) IN-KIND CONSIDERATION.—Consideration received 
under subparagraph (B) may be received in-kind. 
‘‘(D) USE
OF
CONSIDERATION.—To the extent prac-
ticable, consideration received under subparagraph (B) 
shall be used for the maintenance of sensors used to collect 
covered data. 
‘‘(5) COORDINATED
DEPLOYMENTS
AND
DATA
COLLECTION 
PRACTICES.—The Administrator shall, in consultation with the 
Office of the Federal Coordinator for Meteorology, coordinate 
the deployment of sensors as part of the protocol established 
under paragraph (1) and related data collection carried out 
by Federal, State, academic, and private entities who choose 
to cooperate with the Administrator in carrying out this sub-
section. 
‘‘(6) 
PRIORITY
ACQUISITION
AND
DEPLOYMENT.—The 
Administrator shall give priority in the acquisition for and 
deployment of sensors under the protocol required by paragraph 
(1) to areas of coastal States that have the highest risk of 
being harmed by named storms. 
‘‘(d) ASSESSMENT OF SYSTEMS AND EFFORTS TO COLLECT COV-
ERED DATA.— 
‘‘(1) IDENTIFICATION OF SYSTEMS AND EFFORTS TO COLLECT 
COVERED DATA.—Not later than 180 days after the date of 
the enactment of the Consumer Option for an Alternative 
System to Allocate Losses Act of 2012, the Administrator shall, 
in consultation with the Office of the Federal Coordinator for 
Meteorology— 
‘‘(A) carry out a survey to identify all Federal and 
State efforts and systems that are capable of collecting 
covered data; and
H. R. 4348—569 
‘‘(B) consult with private and academic sector entities 
to identify domestic private and academic systems that 
are capable of collecting covered data. 
‘‘(2) IDENTIFICATION OF GAPS.—The Administrator shall, in 
consultation with the Office of the Federal Coordinator for 
Meteorology and individuals and entities consulted under sub-
section (e)(3), assess the systems identified under paragraph 
(1) and identify which systems meet the needs of the National 
Oceanic and Atmospheric Administration for the collection of 
covered data, including with respect to the accuracy require-
ment for post-storm assessment under subsection (b)(3). 
‘‘(3) PLAN.—Not later than 270 days after the date of the 
enactment of the Consumer Option for an Alternative System 
to Allocate Losses Act of 2012, the Administrator shall, in 
consultation with the Office of the Federal Coordinator for 
Meteorology, submit to Congress a plan for the collection of 
covered data necessary to develop the Named Storm Event 
Model and post-storm assessment required by subsection (b) 
that addresses any gaps identified in paragraph (2). 
‘‘(e) COORDINATION OF COVERED DATA COLLECTION AND MAINTE-
NANCE BY PARTICIPANTS.— 
‘‘(1) IN GENERAL.—The Administrator shall, in consultation 
with the Office of the Federal Coordinator for Meteorology, 
coordinate the collection and maintenance of covered data by 
participants under this section— 
‘‘(A) to streamline the process of collecting covered 
data in accordance with the protocol established under 
subsection (c)(1); and 
‘‘(B) to maintain transparency of such process and the 
database established under subsection (f). 
‘‘(2) SHARING
INFORMATION.—The Administrator shall 
establish a process for sharing among participants information 
relevant to collecting and using covered data for— 
‘‘(A) academic research; 
‘‘(B) private sector use; 
‘‘(C) public outreach; and 
‘‘(D) such other purposes as the Administrator con-
siders appropriate. 
‘‘(3) CONSULTATION.—In carrying out paragraphs (1) and 
(2), the Administrator shall consult with the following: 
‘‘(A) The Commanding General of the Corps of Engi-
neers. 
‘‘(B) The Administrator of the Federal Emergency 
Management Agency. 
‘‘(C) The Commandant of the Coast Guard. 
‘‘(D) The Director of the United States Geological 
Survey. 
‘‘(E) The Office of the Federal Coordinator for Meteor-
ology. 
‘‘(F) The Director of the National Science Foundation. 
‘‘(G) The Administrator of the National Aeronautics 
and Space Administration. 
‘‘(H) Such public, private, and academic sector entities 
as the Administrator considers appropriate for purposes 
of carrying out the provisions of this section. 
‘‘(f) ESTABLISHMENT
OF COASTAL WIND
AND WATER EVENT 
DATABASE.—
H. R. 4348—570 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of the enactment of the Consumer Option for an Alternative 
System to Allocate Losses Act of 2012, the Administrator shall 
establish a database for the collection and compilation of cov-
ered data— 
‘‘(A) to support the protocol established under sub-
section (c)(1); and 
‘‘(B) for the purposes listed in subsection (e)(2). 
‘‘(2) DESIGNATION.—The database established under para-
graph (1) shall be known as the ‘Coastal Wind and Water 
Event Database’. 
‘‘(g) COMPTROLLER GENERAL STUDY.—Not later than 1 year 
after the date of the enactment of the Consumer Option for an 
Alternative System to Allocate Losses Act of 2012, the Comptroller 
General of the United States shall— 
‘‘(1) complete an audit of Federal efforts to collect covered 
data for purposes of the Consumer Option for an Alternative 
System to Allocate Losses Act of 2012, which audit shall— 
‘‘(A) examine duplicated Federal efforts to collect cov-
ered data; and 
‘‘(B) determine the cost effectiveness of such efforts; 
and 
‘‘(2) submit to the Committee on Banking, Housing, and 
Urban Affairs and the Commerce, Science, and Transportation 
of the Senate and the Committee on Financial Services and 
the Committee on Science, Space, and Technology of the House 
of Representatives a report on the findings of the Comptroller 
General with respect to the audit completed under paragraph 
(1).’’. 
SEC. 100253. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETER-
MINATE CLAIMS. 
Part A of chapter II of the National Flood Insurance Act of 
1968 (42 U.S.C. 4051 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMI-
NATE CLAIMS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Federal Emergency Management Agency. 
‘‘(2) COASTAL FORMULA.—The term ‘COASTAL Formula’ 
means the formula established under subsection (b). 
‘‘(3) COASTAL
STATE.—The term ‘coastal State’ has the 
meaning given the term ‘coastal state’ in section 304 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 
‘‘(4) INDETERMINATE LOSS.— 
‘‘(A) IN
GENERAL.—The term ‘indeterminate loss’ 
means, as determined by an insurance claims adjuster 
certified under the national flood insurance program and 
in consultation with an engineer as appropriate, a loss 
resulting from physical damage to, or loss of, property 
located in any coastal State arising from the combined 
perils of flood and wind associated with a named storm. 
‘‘(B) REQUIREMENTS.—An insurance claims adjuster 
certified under the national flood insurance program shall 
only determine that a loss is an indeterminate loss if the 
claims adjuster determines that—
H. R. 4348—571 
‘‘(i) no material remnant of physical buildings or 
man-made structures remain except building founda-
tions for the specific property for which the claim is 
made; and 
‘‘(ii) there is insufficient or no tangible evidence 
created, yielded, or otherwise left behind of the specific 
property for which the claim is made as a result of 
the named storm. 
‘‘(5) NAMED STORM.—The term ‘named storm’ means any 
organized weather system with a defined surface circulation 
and maximum winds of not less than 39 miles per hour which 
the National Hurricane Center of the United States National 
Weather Service names as a tropical storm or a hurricane. 
‘‘(6) 
POST-STORM
ASSESSMENT.—The 
term 
‘post-storm 
assessment’ means the post-storm assessment developed under 
section 12312(b) of the Omnibus Public Land Management 
Act of 2009. 
‘‘(7) STATE.—The term ‘State’ means a State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the United States. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary 
of Homeland Security. 
‘‘(9) STANDARD
INSURANCE
POLICY.—The term ‘standard 
insurance policy’ means any insurance policy issued under the 
national flood insurance program that covers loss or damage 
to property resulting from water peril. 
‘‘(10) PROPERTY.—The term ‘property’ means real or per-
sonal property that is insured under a standard insurance 
policy for loss or damage to structure or contents. 
‘‘(11) UNDER
SECRETARY.—The term ‘Under Secretary’ 
means the Under Secretary of Commerce for Oceans and 
Atmosphere, in the Under Secretary’s capacity as Administrator 
of the National Oceanic and Atmospheric Administration. 
‘‘(b) ESTABLISHMENT OF FLOOD LOSS ALLOCATION FORMULA FOR 
INDETERMINATE CLAIMS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
on which the protocol is established under section 12312(c)(1) 
of the Omnibus Public Land Management Act of 2009, the 
Secretary, acting through the Administrator and in consultation 
with the Under Secretary, shall establish by rule a standard 
formula to determine and allocate wind losses and flood losses 
for claims involving indeterminate losses. 
‘‘(2) CONTENTS.—The standard formula established under 
paragraph (1) shall— 
‘‘(A) incorporate data available from the Coastal Wind 
and Water Event Database established under section 
12312(f) of the Omnibus Public Land Management Act 
of 2009; 
‘‘(B) use relevant data provided on the National Flood 
Insurance Program Elevation Certificate for each indeter-
minate loss for which the formula is used; 
‘‘(C) consider any sufficient and credible evidence, 
approved by the Administrator, of the pre-event condition 
of a specific property, including the findings of any policy-
holder or insurance claims adjuster in connection with 
the indeterminate loss to that specific property;
H. R. 4348—572 
‘‘(D) include other measures, as the Administrator con-
siders appropriate, required to determine and allocate by 
mathematical formula the property damage caused by flood 
or storm surge associated with a named storm; and 
‘‘(E) subject to paragraph (3), for each indeterminate 
loss, use the post-storm assessment to allocate water dam-
age (flood or storm surge) associated with a named storm. 
‘‘(3) DEGREE OF ACCURACY REQUIRED.—The standard for-
mula established under paragraph (1) shall specify that the 
Administrator may only use the post-storm assessment for pur-
poses of the formula if the Under Secretary certifies that the 
post-storm assessment has a degree of accuracy of not less 
than 90 percent in connection with the specific indeterminate 
loss for which the assessment and formula are used. 
‘‘(c) AUTHORIZED
USE
OF
POST-STORM
ASSESSMENT
AND 
COASTAL FORMULA.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Adminis-
trator may use the post-storm assessment and the COASTAL 
Formula to— 
‘‘(A) review flood loss payments for indeterminate 
losses, including as part of the quality assurance reinspec-
tion program of the Federal Emergency Management 
Agency for claims under the national flood insurance pro-
gram and any other process approved by the Administrator 
to review and validate payments under the national flood 
insurance program for indeterminate losses following a 
named storm; and 
‘‘(B) assist the national flood insurance program to— 
‘‘(i) properly cover qualified flood loss for claims 
for indeterminate losses; and 
‘‘(ii) avoid paying for any loss or damage to prop-
erty caused by any peril (including wind), other than 
flood or storm surge, that is not covered under a 
standard policy under the national flood insurance pro-
gram. 
‘‘(2) FEDERAL
DISASTER
DECLARATION.—Subject to para-
graph (3), in order to expedite claims and reduce costs to 
the national flood insurance program, following any major dis-
aster declared by the President under section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170) relating to a named storm in a coastal State, 
the Administrator may use the COASTAL Formula to deter-
mine and pay for any flood loss covered under a standard 
insurance policy under the national flood insurance program, 
if the loss is an indeterminate loss. 
‘‘(3) NATIONAL ACADEMY OF SCIENCES EVALUATION.— 
‘‘(A) EVALUATION REQUIRED.— 
‘‘(i) EVALUATION.—Upon the issuance of the rule 
establishing the COASTAL Formula, and each time 
the Administrator modifies the COASTAL Formula, 
the National Academy of Sciences shall— 
‘‘(I) evaluate the expected financial impact on 
the national flood insurance program of the use 
of the COASTAL Formula as so established or 
modified; and 
‘‘(II) evaluate the validity of the scientific 
assumptions upon which the formula is based and