S.Amdt. 4359

SA 4359. Mr. PRYOR (for himself, Mr. Cochran, and Mrs. Lincoln)
submitted an amendment intended to be proposed to amendment SA 4301
proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal
Revenue Code of 1986 to extend certain expiring provisions, and for
other purposes; which was ordered to lie on the table; as follows:

On page 363, between lines 3 and 4, insert the following:

SEC. 621. FLOOD MAPPING.

No revised, updated, or newly published flood insurance
rate map issued on or after September 30, 2008, pursuant to
the Flood Map Modernization Program authorized under section
1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) shall take effect until such time as all of the
following requirements are satisfied:
(1) Establishment and implementation of a base flood
elevation determination and special flood hazard area
determination arbitration panel.--
(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 section, the
Administrator of the Federal Emergency Management Agency
shall establish an arbitration panel--
(i) to efficiently and clearly resolve disputes between
communities and the Federal Government regarding the Flood
Map Modernization Program; and
(ii) to expedite the general acceptance of technically
accurate base flood elevation determinations as reflected in
Flood Insurance Rate Maps.
(B) Arbitration panel.--
(i) Membership.--The arbitration panel established under
subparagraph (A) shall be comprised of 5 members.
(ii) Army corps of engineers.--The United States Army Corps
of Engineers shall compile a list of eligible experts to
serve on the arbitration panel established under subparagraph
(A). The community who has sought to have a dispute resolved
by the arbitration panel shall select a majority of the
panelists from such list. After a community has made its
selections, the Administrator shall select the remaining
members of the arbitration panel from such list.
(iii) No fema employees.--No member of the arbitration
panel established under subparagraph (A) shall be an employee
of the Federal Emergency Management Agency.
(iv) Independence.--Each member of the arbitration panel
established under subparagraph (A) shall be independent and
neutral.
(v) Use of.--A community may choose to have a dispute
resolved by the arbitration

[[Page S4946]]

panel not later than 90 days after it has exhausted any
applicable appeals period available under the National Flood
Insurance Act.
(C) Considerations.--
(i) In general.--The arbitration panel established under
subparagraph (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.
(ii) 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.
(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:
(i) The community has appealed a base flood elevation
determination or a determination of an area having special
flood hazards and undergone a 60-day consultation period with
the Administrator of the Federal Emergency Management Agency
in an effort to resolve the dispute.
(ii) The 60-day consultation period described in clause (i)
shall begin upon the Administrator's receipt of notice of
intent of the community to enter arbitration.
(iii) In cases in which the appeal period described under
clause (i) begins a sufficient time after the date of
enactment of this section, 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.
(E) Binding authority.--
(i) In general.--Any determination of resolution of a
dispute by the arbitration panel under this paragraph--

(I) shall be final and binding; and
(II) may not appeal or seek further relief for such dispute
to any other administrative or judicial body.

(ii) Proceedings.--

(I) In general.--The arbitration panel shall--

(aa) initiate proceedings to resolve any disputes brought
before the arbitration panel;
(bb) consider all relevant information during the course of
any such proceeding; and
(cc) issue a determination of resolution of the dispute,
within a 150 days after the initiation of such proceeding.

(II) Effect prior to determination.--Until such time as the
arbitration panel issues a determination of resolution under
subclause (I), the most current Flood Insurance Rate Maps
shall remain in effect.

(iii) Appeal determination.--Following deliberations, the
arbitration panel shall issue an appeal 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 appeal 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.
(iv) Written opinion.--Accompanying any appeal
determination of resolution issued pursuant to clause (iii),
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 available information to make informed future
planning decisions in light of identified flood hazards.
(F) Rule of construction.--Nothing contained in this
paragraph 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.
(2) Independent review and assessment of flood map
modernization program.--
(A) Independent review and assessment required.--The
Administrator of the Federal Emergency Management Agency
shall select an appropriate entity outside the Federal
Emergency Management Agency to conduct an independent review
and assessment of the Flood Map Modernization Program
established under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101).
(B) Elements.--The review and assessment required by this
paragraph shall address the following:
(i) The engineering analysis used to prepare revised and
updated Flood Insurance Rate Maps, including any engineering
analysis related to determination of floodplain areas and
flood-risk zones.
(ii) The definition of the term floodplain, area of special
flood hazard, and other flood-related terms used by the
Administrator of the Federal Emergency Management Agency in
preparing revised and updated Flood Insurance Rate Maps.
(iii) Any watershed or water flow modeling, and other
technical data used by the Administrator of the Federal
Emergency Management Agency in preparing revised and updated
Flood Insurance Rate Maps.
(C) Consultation.--The entity selected by the Administrator
of the Federal Emergency Management Agency to conduct the
review and assessment required by this paragraph shall, in
carrying out the elements required under subparagraph (B),
consult with the General Accountability Office, the Army
Corps of Engineers, the United States Geological Survey, the
National Oceanic and Atmospheric Administration, and affected
communities and their congressional representatives, as
applicable.
(D) Report.--Not later than 9 months after the date of the
enactment of this section, the entity conducting the review
and assessment under this paragraph shall submit to the
Administrator and the Congress a report containing the
results of the review and assessment.

SEC. 622. BASE FLOOD ELEVATION DETERMINATION APPEAL PERIOD.

(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.
(b) Reentry of Appeals.--Effective for the 90-day period
beginning on the date of enactment of this section, 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).

SEC. 623. DESIGNATION OF ECONOMIC IMPACT FOR PRELIMINARY BASE
FLOOD ELEVATION DETERMINATIONS AND PRELIMINARY
FLOOD INSURANCE RATE MAPS.

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.

SEC. 624. ELIGIBILITY FOR CERTAIN REIMBURSEMENTS FOR
COMMUNITIES PARTICIPATING IN ARBITRATION.

For communities who enter arbitration pursuant to paragraph
(1) of section 621, the Administrator may make available
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)) to reimburse 50
percent of certain expenses incurred by communities related
to successful appeals of the Flood Insurance Rate Maps that
are the subject of a dispute for which the arbitration panel
established under section 621 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)), if the
community has not received a grant from or served as a
cooperative technical partner with the Federal Emergency
Management Agency in carrying out the study required pursuant
to such section.

SEC. 625. 5-YEAR PHASE-IN OF CERTAIN PREMIUM COSTS.

Section 1308 of the National Flood Insurance Act of 1968
(42 U.S.C. 4015) is amended--
(1) in subsection (c), by inserting ``and subsection (g)''
before the first comma; and
(2) by adding at the end the following new subsection:
``(g) 5-year Phase-in of Premium Adjustment to Reflect
Current Risk of Flood.--Any increase or newly applicable risk
premium rate charged for flood insurance on any property that
is required to be covered by a flood insurance policy as a
result of the updating or remapping required pursuant to
section 1360 shall be phased in over a 5-year period as
follows:
``(1) For the first year of such 5-year period, 20 percent
of the chargeable risk premium rate otherwise applicable
under this title to the property.
``(2) For the second year of such 5-year period, 40 percent
of the chargeable risk premium rate otherwise applicable
under this title to the property.
``(3) For the third year of such 5-year period, 60 percent
of the chargeable risk premium rate otherwise applicable
under this title to the property.
``(4) For the fourth year of such 5-year period, 80 percent
of the chargeable risk premium rate otherwise applicable
under this title to the property.
``(5) For the fifth year of such 5-year period, 100 percent
of the chargeable risk premium rate otherwise applicable
under this title to the property.''.
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