II 111th CONGRESS 2d Session S. 3051 IN THE SENATE OF THE UNITED STATES March 1, 2010 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To suspend flood insurance rate map updates in geographic areas in which certain levees are being repaired.

1.

Suspension of flood insurance rate map updates in geographic areas in which certain levees are being repaired

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)

Suspension of flood insurance rate map updates in certain geographic areas

(1)

Suspension

Except as provided in paragraph (2), the Director shall not update a flood plain area or a flood risk zone in accordance with subsection (f) in a geographic area that meets the following conditions: (A)The geographic area is intended to be protected by a levee determined by the Army Corps of Engineers to have a design deficiency. (B)The entity responsible for the repair of such levee has implemented a plan to repair the levee that— (i)has been developed by the Army Corps of Engineers or a professional engineer licensed by a State licensing board; (ii)has been approved by the Army Corps of Engineers or the Federal Emergency Management Agency; (iii)is based on sufficient and reasonably current design data that accurately reflects the condition of such levee and other flood protection facilities in the geographic area; (iv)upon completion of the repair will provide protection from the one percent annual chance flood for the geographic area; and (v)includes an adequate financing mechanism to pay for the implementation of the plan. (C)Each State or local government with jurisdiction over any portion of the geographic area has developed and implemented a surveillance and operations plan to provide for timely alerts and immediate remedial action when significant underseepage or potential failure occurs in such portion of the geographic area. (D)Each State or local government with jurisdiction over any portion of the geographic area has an evacuation plan to be implemented in the event of flooding in such portion of the geographic area. (E)Each State or local government with jurisdiction over any portion of the geographic area has developed and implemented an outreach and communication plan to advise occupants in such portion of the geographic area of potential flood risks, the opportunity to purchase flood insurance, and the consequences of failure to purchase flood insurance. (2)

Exceptions

Paragraph (1) shall not apply with respect to a geographic area if— (A)the Director determines that such geographic area is protected by a flood protection system that provides protection from the one percent annual chance flood; or (B)the Director has suspended the updating of flood plain areas or flood risk zones in such geographic area in accordance with paragraph (1) for seven consecutive years. .