[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4050 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4050

To require the Administrator of the Federal Emergency Management Agency 
 to issue guidance providing a process for consideration of the flood 
protections afforded by certain structures for purposes of the national 
                        flood insurance program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2007

Ms. Giffords (for herself and Mr. LaTourette) introduced the following 
    bill; which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Federal Emergency Management Agency 
 to issue guidance providing a process for consideration of the flood 
protections afforded by certain structures for purposes of the national 
                        flood insurance program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Levee-Like Structure Consideration 
Act of 2007''.

SEC. 2. CONSIDERATION OF STRUCTURES NOT CERTIFIABLE AS LEVEES IN FLOOD 
              INSURANCE MAPPING.

    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 determination of the 
        nature and extent of any flood protection afforded by any 
        structure or feature (including man-made and natural structures 
        or features) 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 regulations 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 
                Administrator for identifying and considering 
                provisionally accredited levees for purposes of such 
                program;
                    (B) provides a 24-month period that begins upon the 
                making of the request during which--
                            (i) within 30 days after the commencement 
                        of such period, the Administrator shall 
                        provisionally accredit the structure or feature 
                        for which the request is made and shall issue 
                        an updated flood insurance map for the area 
                        whose flood risk is affected by such structure 
                        or feature that indicates such provisional 
                        accreditation;
                            (ii) the community may compile and submit 
                        to the Administrator, at its own expense, any 
                        scientific and technical information 
                        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 
                        technical information submitted pursuant to 
                        clause (ii) by the community; and
                            (iv) the flood insurance requirements and 
                        premium rates in effect for the area whose 
                        flood risk is affected by the structure 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 determination 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 feature 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 
        structure or feature.
                                 <all>