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.