42 U.S.C. § 4101a — Technical Mapping Advisory Council

Page 6062 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101a from interested persons in each region relating to the information, data, and accreditation require- ments described in subparagraph (A). ‘‘(3) CONSIDERATIONS.—In developing the process under paragraph (2), the task force shall consider changes to— ‘‘(A) the information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program; and ‘‘(B) the flood protection structure accreditation requirements. ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to require a reduction in the level of public safety and flood control provided by accredited levees, as determined by the Adminis- trator for purposes of this section. ‘‘(c) IMPLEMENTATION.—The Administrator and the Secretary of the Army, acting through the Chief of En- gineers, shall implement the process developed by the task force under subsection (b) not later than 1 year after the date of enactment of this Act [July 6, 2012] and shall complete the process under subsection (b) not later than 2 years after the date of enactment of this Act. ‘‘(d) REPORTS.—The Administrator and the Secretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly submit to the Committee on Bank- ing, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives reports concerning the activities of the task force and the implementation of the process developed by the task force under subsection (b), including— ‘‘(1) an interim report, not later than 180 days after the date of enactment of this Act [July 6, 2012]; and ‘‘(2) a final report, not later than 1 year after the date of enactment of this Act. ‘‘(e) TERMINATION.—The task force shall terminate on the date of submission of the report under subsection (d)(2).’’ [For definitions of terms used in section 100226 of Pub. L. 112–141, set out above, see section 4004 of this title.] GEOSPATIAL DIGITAL FLOOD HAZARD DATA Pub. L. 108–264, title I, § 107, June 30, 2004, 118 Stat. 724, provided that: ‘‘For the purposes of flood insurance and floodplain management activities conducted pursu- ant to the National Flood Insurance Program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), geospatial digital flood hazard data distributed by the Federal Emergency Management Agency, or its designee, or the printed products derived from that data, are interchangeable and legally equivalent for the determination of the location of 1 in 100 year and 1 in 500 year flood planes [sic], provided that all other geospatial data shown on the printed product meets or exceeds any accuracy standard promulgated by the Federal Emergency Management Agency.’’ REITERATION OF FEMA RESPONSIBILITY TO MAP MUDSLIDES Pub. L. 108–264, title I, § 109, June 30, 2004, 118 Stat. 725, as amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: ‘‘As directed in sec- tion 1360(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(b)), the Administrator of the Federal Emergency Management Agency is again directed to accelerate the identification of risk zones within flood- prone and mudslide-prone areas, as provided by sub- section (a)(2) of such section 1360, in order to make known the degree of hazard within each such zone at the earliest possible date.’’ TECHNICAL MAPPING ADVISORY COUNCIL Pub. L. 103–325, title V, § 576, Sept. 23, 1994, 108 Stat. 2280, established the Technical Mapping Advisory Coun- cil to help improve flood insurance rate maps and pro- vided for its termination 5 years after the appointment of all its members. § 4101a. 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— (A) the Administrator (or the designee thereof); (B) the Secretary of the Interior (or the designee thereof); (C) the Secretary of Agriculture (or the designee thereof); (D) the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); and (E) 16 additional members appointed by the Administrator or the designee of the Ad- ministrator, who shall be— (i) a member of a recognized professional surveying association or organization; (ii) a member of a recognized profes- sional mapping association or organiza- tion; (iii) a member of a recognized profes- sional engineering association or organiza- tion; (iv) a member of a recognized profes- sional association or organization rep- resenting flood hazard determination firms; (v) a representative of the United States Geological Survey; (vi) a representative of a recognized pro- fessional association or organization rep- resenting State geographic information; (vii) a representative of State national flood insurance coordination offices; (viii) a representative of the Corps of En- gineers; (ix) a member of a recognized regional flood and storm water management orga- nization; (x) 2 representatives of different State government agencies that have entered into cooperating technical partnerships with the Administrator and have dem- onstrated the capability to produce flood insurance rate maps; (xi) 2 representatives of different local government agencies that have entered into cooperating technical partnerships with the Administrator and have dem- onstrated the capability to produce flood insurance maps; (xii) a member of a recognized floodplain management association or organization; (xiii) a member of a recognized risk man- agement association or organization; and (xiv) a State mitigation officer. (2) Qualifications Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, Page 6063 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101a remote sensing, geographic information sys- tems, or the technical aspects of preparing and using flood insurance rate maps. In appointing members under paragraph (1)(E), the Adminis- trator shall, to the maximum extent prac- ticable, ensure that the membership of the Council has a balance of Federal, State, local, tribal, and private members, and includes geo- graphic diversity, including representation from areas with coastline on the Gulf of Mex- ico and other States containing areas identi- fied by the Administrator as at high risk for flooding or as areas having special flood haz- ards. (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 map- ping standards and guidelines for— (A) flood insurance rate maps; and (B) data accuracy, data quality, data cur- rency, 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 co- ordinate budgets and expenditures across Federal agencies; and (6) submit an annual report to the Adminis- trator that contains— (A) a description of the activities of the Council; (B) an evaluation of the status and per- formance of flood insurance rate maps and mapping activities to revise and update flood insurance rate maps, as required under section 4101b of this title; and (C) a summary of recommendations made by the Council to the Administrator. (d) Future conditions risk assessment and mod- eling report (1) In general The Council shall consult with scientists and technical experts, other Federal agencies, States, and local communities to— (A) develop recommendations on how to— (i) ensure that flood insurance rate maps incorporate the best available climate science to assess flood risks; and (ii) ensure that the Federal Emergency Management Agency uses the best avail- able methodology to consider the impact of— (I) the rise in the sea level; and (II) future development on flood risk; and (B) not later than 1 year after July 6, 2012, prepare written recommendations in a fu- ture conditions risk assessment and mod- eling report and to submit such rec- ommendations to the Administrator. (2) Responsibility of the Administrator The Administrator, as part of the ongoing program to review and update National Flood Insurance Program rate maps under section 4101b of this title, shall incorporate any future risk assessment submitted under paragraph (1)(B) in any such revision or update. (e) Chairperson The members of the Council shall elect 1 mem- ber to serve as the chairperson of the Council (in this section referred to as the ‘‘Chairperson’’). (f) Coordination To ensure that the Council’s recommendations are consistent, to the maximum extent prac- ticable, with national digital spatial data collec- tion and management standards, the Chair- person shall consult with the Chairperson of the Federal Geographic Data Committee (estab- lished pursuant to Office of Management and Budget Circular A–16). (g) Compensation Members of the Council shall receive no addi- tional compensation by reason of their service on the Council. (h) 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 co- ordinate the initial meeting of the Council. (i) Officers The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (j) Staff (1) Staff of FEMA Upon the request of the Chairperson, the Ad- ministrator 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 Coun- cil may detail, on a nonreimbursable basis, personnel to assist the Council in carrying out its duties. (k) Powers In carrying out this section, the Council may hold hearings, receive evidence and assistance, Page 6064 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101b provide information, and conduct research, as it considers appropriate. (l) 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 Represent- atives, and the Office of Management and Budg- et on the— (1) recommendations made by the Council; (2) actions taken by the Federal Emergency Management Agency to address such rec- ommendations to improve flood insurance rate maps and flood risk data; and (3) any recommendations made by the Coun- cil that have been deferred or not acted upon, together with an explanatory statement. (Pub. L. 112–141, div. F, title II, § 100215, July 6, 2012, 126 Stat. 924.) Editorial Notes CODIFICATION Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the Na- tional Flood Insurance Act of 1968 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 4004 of this title. § 4101b. National Flood Mapping Program (a) Reviewing, updating, and maintaining maps The Administrator, in coordination with the Technical Mapping Advisory Council established under section 4101a of this title, shall establish an ongoing program under which the Adminis- trator shall review, update, and maintain Na- tional 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 populated areas and areas of pos- sible population growth located within the 100-year floodplain; (ii) all populated areas and areas of pos- sible population growth located within the 500-year floodplain; (iii) areas of residual risk, including areas that are protected by levees, dams, and other flood control structures; (iv) areas that could be inundated as a result of the failure of a levee, dam, or other flood control structure; (v) areas that are protected by non- structural flood mitigation features; and (vi) the level of protection provided by flood control structures and by non-struc- tural flood mitigation features; (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, updat- ing, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the most accurate topography and ele- vation data available. (2) Mapping elements Each map updated under this section shall— (A) assess the accuracy of current ground elevation data used for hydrologic and hy- draulic 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 guidelines and specifications of the Federal Emergency Management Agency; and (B) develop National Flood Insurance Pro- gram flood data on a watershed basis— (i) to provide the most technically effec- tive and efficient studies and hydrologic and hydraulic modeling; and (ii) to eliminate, to the maximum extent possible, discrepancies in base flood ele- vations between adjacent political subdivi- sions. (3) Other inclusions In updating maps under this section, the Ad- ministrator shall include— (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 At- mospheric 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 Adminis- trator; (C) any relevant information on land sub- sidence, coastal erosion areas, changing lake levels, and other flood-related hazards; (D) any relevant information or data of the National Oceanic and Atmospheric Adminis- tration and the United States Geological Survey relating to the best available science regarding future changes in sea levels, pre- cipitation, and intensity of hurricanes; and (E) any other relevant information as may be recommended by the Technical Mapping Advisory Committee. (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