S.Amdt. 4282

1. Adds TITLE IV--FLOOD INSURANCE on page 81, between lines 23 and 24

   Adds a titlePrinted page

   Inserted: TITLE IV--FLOOD INSURANCE

   Inserted: SEC. 4001. BASE FLOOD ELEVATION DETERMINATION APPEAL PERIOD.

   Inserted: (a) In General.--Notwithstanding any other provision of law, the appeal period for any base flood elevation determination or any determination of an area having special flood hazards shall be 90 days unless an extended appeal period is requested by a party affected by such determination, in which case the appeal period shall be 120 days.

   Inserted: (b) Reentry of Appeals.--Effective for the 90-day period beginning on the date of enactment of this Act, any community whose Flood Insurance Rate Maps were revised, updated, or otherwise altered after September 30, 2008, pursuant to the Flood Map Modernization Program established under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) shall be permitted to re-enter an appeal of such revision, update, or alteration and such appeal shall be subject to the time limitations established under subsection (a).

   Inserted: SEC. 4002. ECONOMIC IMPACT OF PRELIMINARY BASE FLOOD ELEVATION DETERMINATIONS AND PRELIMINARY FLOOD INSURANCE RATE MAPS.

   Inserted: For purposes of section 605(b) of title 5, United States Code, the issuance by the Administrator of the Federal Emergency Management Agency of a proposed modified base flood elevation, proposed area having special flood hazards, preliminary flood insurance study, or preliminary Flood Insurance Rate Maps shall be deemed to have a significant economic impact on a substantial number of small entities.

   Inserted: SEC. 4003. ESTABLISHMENT OF A BASE FLOOD ELEVATION DETERMINATION AND SPECIAL FLOOD HAZARD AREA DETERMINATION ARBITRATION PANEL.

   Inserted: (a) Establishment.--As allowed under section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104), and notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an arbitration panel--

   Inserted: (1) to efficiently and clearly resolve disputes between communities and the Federal Government regarding the Flood Map Modernization Program; and

   Inserted: (2) to expedite the general acceptance of technically accurate base flood elevation determinations as reflected in Flood Insurance Rate Maps.

   Inserted: (b) Arbitration Panel.--

   Inserted: (1) Membership.--The arbitration panel established under subsection (a) shall be comprised of 5 members.

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   Inserted: (2) Required qualifications.--

   Inserted: (A) Economic and administrative expertise.--At least 1 member of the arbitration panel established under subsection (a) shall have expertise in each of the following fields:

   Inserted: (i) Community economic development.

   Inserted: (ii) Administrative law.

   Inserted: (B) Water resources expertise.--At least 3 members of the arbitration panel established under subsection (a) shall have technical expertise in water resources and other related scientific disciplines.

   Inserted: (3) No fema employees.--No member of the arbitration panel established under subsection (a) shall be an employee of the Federal Emergency Management Agency.

   Inserted: (4) Independence.--Each member of the arbitration panel established under subsection (a) shall be independent and neutral.

   Inserted: (5) Use of.--A community may choose to have a dispute resolved by the arbitration panel not later than 90 days after the appeal period described in section 4001(a) ends.

   Inserted: (c) Considerations.--

   Inserted: (1) In general.--The arbitration panel established under subsection (a) may consider historical flood data and other data outside the scope of scientific or technical data in carrying out the duties and responsibilities of the arbitration panel.

   Inserted: (2) Prohibition.--In resolving any dispute under this section, the arbitration panel may not take into consideration the status of the grant application of any community under section 4.

   Inserted: (3) Coordination with corps of engineers.--Upon request by the arbitration panel, the appropriate district office of jurisdiction of the United States Army Corps of Engineers shall fund and make available personnel or technical guidance to assist the arbitration panel in considering hydrological data, historical data, budgetary data, or other relevant information.

   Inserted: (d) Community Choice.--A community may choose to have a dispute resolved by the arbitration panel only if the community has satisfied the following conditions:

   Inserted: (1) The community has appealed a base flood elevation determination or a determination of an area having special flood hazards and undergone a 30-day consultation period with the Administrator of the Federal Emergency Management Agency in an effort to resolve the dispute.

   Inserted: (2) The 30-day consultation period described in paragraph (1) shall begin upon the Administrator's receipt of notice of intent of the community to enter arbitration.

   Inserted: (3) In cases in which the appeal period described under paragraph (1) begins a sufficient time after the date of enactment of this Act, the community has adequately notified the public 180 days prior to the beginning of the appeal period regarding the changes proposed by the Administrator. Such notification may include individual notification of affected households, public meetings, or publication of proposed changes in local media.

   Inserted: (e) Binding Authority.--

   Inserted: (1) In general.--Any determination of resolution of a dispute by the arbitration panel under this section--

   Inserted: (A) shall be final and binding; and

   Inserted: (B) may not appeal or seek further relief for such dispute to any other administrative or judicial body.

   Inserted: (2) Proceedings.--

   Inserted: (A) In general.--The arbitration panel shall--

   Inserted: (i) initiate proceedings to resolve any disputes brought before the arbitration panel;

   Inserted: (ii) consider all relevant information during the course of any such proceeding; and

   Inserted: (iii) issue a determination of resolution of the dispute, as soon as is practical after the initiation of such proceeding.

   Inserted: (B) Effect prior to determination.--Until such time as the arbitration panel issues a determination of resolution under subparagraph (A), the most current Flood Insurance Rate Maps shall remain in effect.

   Inserted: (3) Final determination.--Following deliberations, the arbitration panel shall issue a final determination of resolution of a dispute setting forth the base flood elevation determination or the determination of an area having special flood hazards that shall be reflected in the Flood Insurance Rate Maps. The final determination of the arbitration panel shall not be limited to either acceptance or denial of the position of Administrator of the Federal Emergency Management Agency or the position of the community.

   Inserted: (4) Written opinion.--Accompanying any final determination of resolution issued pursuant to paragraph (3), the arbitration panel shall issue a written opinion fully explaining its decision, including all relevant information relied upon by the panel. The opinion issued under this paragraph shall provide communities seeking to mitigate their flood risk with sufficient information to make informed future planning decisions in light of identified flood hazards.

   Inserted: (f) Rule of Construction.--Nothing contained in this section shall alter existing procedures for revision, update, or amendment of Flood Insurance Rate Maps, including Flood Insurance Rate Maps resulting from decisions of the arbitration panel.

   Inserted: (g) Sunset.--This section shall cease to have effect 3 years after the date of enactment of this Act.

   Inserted: SEC. 4004. ELIGIBILITY FOR CERTAIN REIMBURSEMENTS FOR COMMUNITIES PARTICIPATING IN ARBITRATION.

   Inserted: (a) Funding.--For communities who enter arbitration pursuant to section 3, funds derived from offsetting collections assessed and collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be made available to reimburse communities for certain expenses related to the collection of technical data related to Flood Insurance Rate Maps that are the subject of a dispute for which the arbitration panel established in this title has been directed to resolve, as allowed for pursuant to section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(f)).

   Inserted: (b) Sunset.--This section shall cease to have effect on the date that is 3 years after the date of enactment of this title.

   Original wording

   On page 81, between lines 23 and 24, insert the following:

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As printed