II 110th CONGRESS 1st Session S. 1938 IN THE SENATE OF THE UNITED STATES August 2, 2007 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for the reviewing, updating, and maintenance of National Flood Insurance Program rate maps, and for other purposes.

1.

Short title

This Act may be cited as the National Flood Mapping Act of 2007.

2.

Technical Mapping Advisory Council

(a)

Establishment

There is established a council to be known as the Technical Mapping Advisory Council (in this section referred to as the Council). (b)

Membership

(1)

In general

The Council shall consist of the Administrator of the Federal Emergency Management Agency (in this Act referred to as the Administrator), or the designee thereof, and 14 additional members to be appointed by the Administrator or the designee of the Administrator, who shall be— (A)the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); (B)a member of a recognized professional surveying association or organization; (C)a member of a recognized professional mapping association or organization; (D)a member of a recognized professional engineering association or organization; (E)a member of a recognized professional association or organization representing flood hazard determination firms; (F)a representative of the United States Geological Survey; (G)a representative of recognized professional association or organization representing State geographic information; (H)a representative of State national flood insurance coordination offices; (I)a representative of the Corps of Engineers; (J)the Secretary of the Interior (or the designee thereof); (K)the Secretary of Agriculture (or the designee thereof); (L)a member of a recognized regional flood and storm water management organization; (M)a member of a regulated lending institution; and (N)a member of a flood insurance servicing company. (2)

Qualifications

Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic information systems, or the technical aspects of preparing and using flood insurance rate maps. (c)

Duties

The Council shall— (1)recommend to the Administrator how to improve in a cost-effective manner the— (A)accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and (B)performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States; (2)recommend to the Administrator mapping standards and guidelines for— (A)flood insurance rate maps; and (B)data accuracy, data quality, data currency, and data eligibility; (3)recommend to the Administrator how to maintain on an ongoing basis flood insurance rate maps and flood risk identification; (4)recommend procedures for delegating mapping activities to State and local mapping partners; (5)recommend to the Administrator and other Federal agencies participating in the Council— (A)methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination; and (B)a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies; and (6)submit an annual report to the Administrator that contains— (A)a description of the activities of the Council; (B)an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update flood insurance rate maps, as required under section 3; and (C)a summary of recommendations made by the Council to the Administrator. (d)

Chairperson

The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the Chairperson). (e)

Coordination

To ensure that the Council's recommendations are consistent, to the maximum extent practicable, with national digital spatial data collection and management standards, the Chairperson shall consult with the Chairperson of the Federal Geographic Data Committee (established pursuant to OMB Circular A–16). (f)

Compensation

Members of the Council shall receive no additional compensation by reason of their service on the Council. (g)

Meetings and actions

(1)

In general

The Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of its members, and may take action by a vote of the majority of the members. (2)

Initial meeting

The Administrator, or a person designated by the Administrator, shall request and coordinate the initial meeting of the Council. (h)

Officers

The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (i)

Staff

(1)

Staff of FEMA

Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties. (2)

Staff of other Federal agencies

Upon request of the Chairperson, any other Federal agency that is a member of the Council may detail, on a non-reimbursable basis, personnel to assist the Council in carrying out its duties. (j)

Powers

In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research, as it considers appropriate. (k)

Report to Congress

The Administrator, on an annual basis, shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Office of Management and Budget on the— (1)recommendations made by the Council; and (2)actions taken by the Federal Emergency Management Agency to address such recommendations to improve flood insurance rate maps and flood risk data.

3.

National Flood Mapping Program

(a)

Reviewing, updating, and maintaining maps

The Administrator, in coordination with the Technical Mapping Advisory Council established under section 2, shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this section. (b)

Mapping

(1)

In general

In carrying out the program established under subsection (a), the Administrator shall— (A)identify, review, update, maintain, and publish National Flood Insurance Program rate maps with respect to— (i)all areas located within the 100-year floodplain; (ii)all areas located within the 500-year floodplain; (iii)areas of residual risk (defined as those areas with a 1 percent annual chance of flood conditions) that have not previously been identified, including areas that are protected by levees, dams, and other man-made structures; and (iv)areas that could be inundated as a result of the failure of a levee, dam, or other man-made structure; (B)establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each such area; and (C)use, in identifying, reviewing, updating, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968, the most accurate elevation data available. (2)

Mapping elements

Each map updated under this section shall: (A)

Ground elevation data

Assess the accuracy of current ground elevation data used for hydrologic and hydraulic modeling of flooding sources and mapping of the flood hazard and wherever necessary acquire new ground elevation data utilizing the most up-to-date geospatial technologies in accordance with the existing guidelines and specifications of the Federal Emergency Management Agency. (B)

Data on a watershed basis

Develop National Flood Insurance Program flood data on a watershed basis— (i)to provide the most technically effective and efficient studies and hydrologic and hydraulic modeling; and (ii)to eliminate, to the maximum extent possible, discrepancies in base flood elevations between adjacent political subdivisions. (C)

Other data

Include any other relevant information as may be recommended by the Technical Mapping Advisory Council. (3)

Other inclusions

In updating maps under this section, the Administrator shall make available in digital technology on the website of the Federal Emergency Management Agency— (A)any relevant information on coastal inundation from— (i)an applicable inundation map of the Corps of Engineers; and (ii)data of the National Oceanic and Atmospheric Administration relating to storm surge modeling; (B)any relevant information of the United States Geological Survey on stream flows, watershed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Administrator; (C)any relevant information on land subsidence, coastal erosion areas, and other flood-related hazards; and (D)any other relevant information as may be recommended by the Technical Mapping Advisory Council. (c)

Standards

In updating and maintaining maps under this section, the Administrator shall— (1)establish standards to— (A)ensure that maps are adequate for— (i)flood risk determinations; and (ii)use by State and local governments in managing development to reduce the risk of flooding; and (B)facilitate identification and use of consistent methods of data collection and analysis by the Administrator, in conjunction with State and local governments, in developing maps for communities with similar flood risks, as determined by the Administrator; and (2)publish maps in a format that is— (A)digital geospatial data compliant; (B)compliant with the open publishing and data exchange standards established by the Open Geospatial Consortium; and (C)compliant with the North American Vertical Datum of 1988 for new hydrologic and hydraulic engineering. (d)

Authorization of appropriations

There is authorized to be appropriated to the Administrator to carry out this section $400,000,000 for each of fiscal years 2008 through 2013.

4.

Coordination

(a)

Interagency budget crosscut report

(1)

In general

The Secretary of Homeland Security, the Administrator, the Director of the Office of Management and Budget, and the heads of each Federal department or agency carrying out activities under this Act shall work together to ensure that flood risk determination data and geospatial data are shared among Federal agencies in order to coordinate the efforts of the Nation to reduce its vulnerability to flooding hazards. (2)

Report

Not later than 30 days after the submission of the budget of the United States Government by the President to Congress, the Director of the Office of Management and Budget, in coordination with the Federal Emergency Management Agency, the United States Geological Survey, the National Oceanic and Atmospheric Administration, the Corps of Engineers, and other Federal agencies, as appropriate, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary or head of each such agency, an interagency budget crosscut report that displays the budget proposed for each of the Federal agencies working on flood risk determination data and related digital elevation models, including any planned interagency or intraagency transfers. (b)

Duties of the Administrator

In carrying out this Act, the Administrator shall— (1)participate, pursuant to section 216 of Public Law 107–347 (116 Stat. 2945), in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial data for all users of such information; (2)coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906 for the implementation of and compliance with such standards; (3)integrate with, leverage, and coordinate funding of, to the maximum extent practicable, the current flood mapping activities of each unit of State and local government; (4)integrate with, leverage, and coordinate, to the maximum extent practicable, the current geospatial activities of other Federal agencies and units of State and local government; and (5)develop a funding strategy to leverage and coordinate budgets and expenditures, and to establish joint funding mechanisms with other Federal agencies and units of State and local government to share the collection and utilization of geospatial data among all governmental users.

5.

Removal of limitation on State contributions for updating flood maps

Section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)) is amended by striking , but which may not exceed 50 percent of the cost of carrying out the requested revision or update.

6.

Interagency coordination study

(a)

In general

The Administrator shall enter into a contract with the National Academy of Public Administration to conduct a study on how the Federal Emergency Management Agency— (1)should improve interagency and intergovernmental coordination on flood mapping, including a funding strategy to leverage and coordinate budgets and expenditures; and (2)can establish joint funding mechanisms with other Federal agencies and units of State and local government to share the collection and utilization of data among all governmental users. (b)

Timing

Not later than 1 year after the date of enactment of this Act, the National Academy of Public Administration shall report the findings of the study required under subsection (a) to the— (1)Committee on Banking, Housing, and Urban Affairs of the Senate; (2)Committee on Financial Services of the House of Representatives; (3)Committee on Appropriations of the Senate; and (4)Committee on Appropriations of the House of Representatives.