42 U.S.C. § 4101b — National Flood Mapping Program

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 Page 6065 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101b 1 So in original. Probably should be preceded by ‘‘the’’. 2 So in original. The words ‘‘will be’’ probably should not ap- pear. (B) facilitate identification and use of con- sistent methods of data collection and anal- ysis by the Administrator, in conjunction with State and local governments, in devel- oping maps for communities with similar flood risks, as determined by the Adminis- trator; 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) aligned with official data defined by the National Geodetic Survey. (d) Communication and outreach (1) In general The Administrator shall— (A) before commencement of any mapping or map updating process, notify each com- munity affected of the model or models that the Administrator plans to use in such proc- ess and provide an explanation of why such model or models are appropriate; (B) provide each community affected a 30- day period beginning upon notification under subparagraph (A) to consult with the Administrator regarding the appropriate- ness, with respect to such community, of the mapping model or models to be used; pro- vided that consultation by a community pursuant to this subparagraph shall not waive or otherwise affect any right of the community to appeal any flood hazard deter- minations; (C) upon completion of the first Inde- pendent Data Submission, transmit a copy of such Submission to the affected commu- nity, provide the affected community a 30- day period during which the community may provide data to Administrator 1 that can be used to supplement or modify the ex- isting data, and incorporate any data that is consistent with prevailing engineering prin- ciples; (D) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v); (E) work to enhance communication and outreach to States, local communities, and property owners about the effects— (i) of any potential changes to National Flood Insurance Program rate maps that may result from the mapping program re- quired under this section; and (ii) that any such changes may have on flood insurance purchase requirements; (F) engage with local communities to en- hance communication and outreach to the residents of such communities, including tenants (with regard to contents insurance), on the matters described under subpara- graph (E); (G) not less than 30 days before issuance of any preliminary map, notify the Senators for each State affected and each Member of the House of Representatives for each con- gressional district affected by the prelimi- nary map in writing of— (i) the estimated schedule for— (I) community meetings regarding the preliminary map; (II) publication of notices regarding the preliminary map in local news- papers; and (III) the commencement of the appeals process regarding the map; and (ii) the estimated number of homes and businesses that will be affected by changes contained in the preliminary map, includ- ing how many structures will be 2 that were not previously located in an area hav- ing special flood hazards will be located within such an area under the preliminary map; and (H) upon the issuance of any proposed map and any notice of an opportunity to make an appeal relating to the proposed map, notify the Senators for each State affected and each Member of the House of Representa- tives for each congressional district affected by the proposed map of any action taken by the Administrator with respect to the pro- posed map or an appeal relating to the pro- posed map. (2) Required activities The communication and outreach activities required under paragraph (1) shall include— (A) notifying property owners when their properties become included in, or when they are excluded from, an area covered by the mandatory flood insurance purchase require- ment under section 4012a of this title; (B) educating property owners regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer sub- ject to the flood insurance mandatory pur- chase requirement; (C) educating property owners regarding the benefits and costs of maintaining or ac- quiring flood insurance, including, where ap- plicable, lower-cost preferred risk policies under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) for such prop- erties and the contents of such properties; (D) educating property owners about flood map revisions and the process available to such owners to appeal proposed changes in flood elevations through their community, including by notifying local radio and tele- vision stations; and (E) encouraging property owners to main- tain or acquire flood insurance coverage. (e) Community remapping request Upon the adoption by the Administrator of any recommendation by the Technical Mapping Advisory Council for reviewing, updating, or maintaining National Flood Insurance Program rate maps in accordance with this section, a community that believes that its flood insur- ance rates in effect prior to adoption would be affected by the adoption of such recommenda- tion may submit a request for an update of its rate maps, which may be considered at the Ad- Page 6066 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101c ministrator’s sole discretion. The Administrator shall establish a protocol for the evaluation of such community map update requests. (f) 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 2013 through 2017. (Pub. L. 112–141, div. F, title II, § 100216, July 6, 2012, 126 Stat. 927; Pub. L. 113–89, §§ 27, 30, Mar. 21, 2014, 128 Stat. 1033, 1034.) Editorial Notes REFERENCES IN TEXT The National Flood Insurance Act of 1968, referred to in subsecs. (b)(1)(C) and (d)(2)(C), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. 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. AMENDMENTS 2014—Subsec. (b)(1)(A)(v), (vi). Pub. L. 113–89, § 27(1), added cl. (v), redesignated former cl. (v) as (vi), and, in cl. (vi), inserted ‘‘and by non-structural flood mitiga- tion features’’ before semicolon at end. Subsec. (d)(1)(A). Pub. L. 113–89, § 30(3), added subpar. (A). Former subpar. (A) redesignated (D). Pub. L. 113–89, § 27(2)(C), added subpar. (A). Former subpar. (A) redesignated (B). Subsec. (d)(1)(B). Pub. L. 113–89, § 30(3), added subpar. (B). Former subpar. (B) redesignated (E). Pub. L. 113–89, § 27(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C). Subsec. (d)(1)(C). Pub. L. 113–89, § 30(3), added subpar. (C). Former subpar. (C) redesignated (F). Pub. L. 113–89, § 30(1), substituted ‘‘subparagraph (E)’’ for ‘‘subparagraph (B)’’ and struck out ‘‘and’’ at end. Pub. L. 113–89, § 27(2)(A), (B), redesignated subpar. (B) as (C) and substituted ‘‘subparagraph (B)’’ for ‘‘sub- paragraph (A)’’. Former subpar. (C) redesignated (D). Subsec. (d)(1)(D). Pub. L. 113–89, § 30(2), redesignated subpar. (A) as (D). Former subpar. (D) redesignated (H). Pub. L. 113–89, § 27(2)(A), redesignated subpar. (C) as (D). Subsec. (d)(1)(E), (F). Pub. L. 113–89, § 30(2), redesig- nated subpars. (B) and (C) as (E) and (F), respectively. Subsec. (d)(1)(G). Pub. L. 113–89, § 30(4), added subpar. (G). Subsec. (d)(1)(H). Pub. L. 113–89, § 30(2), redesignated subpar. (D) as (H). Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 4004 of this title. § 4101c. Coordination (a) Interagency budget crosscut and coordina- tion 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 sections 4101a and 4101b of this title 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 co- ordination with the Federal Emergency Man- agement Agency, the United States Geological Survey, the National Oceanic and Atmos- pheric 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 an inter- agency budget crosscut and coordination re- port, certified by the Secretary or head of each such agency, that— (A) contains an interagency budget cross- cut report that displays relevant sections of the budget proposed for each of the Federal agencies working on flood risk determina- tion data and digital elevation models, in- cluding any planned interagency or intra- agency transfers; and (B) describes how the efforts aligned with such sections complement one another. (b) Duties of the Administrator In carrying out sections 4101a and 4101b of this title, the Administrator shall— (1) participate, pursuant to section 216 of the E–Government Act of 2002 (44 U.S.C. 3501 note), 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 co- operation of, and provide a liaison to the Fed- eral Geographic Data Committee pursuant to the Office of Management and Budget Circular A–16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to the National Spatial Data In- frastructure) for the implementation of and compliance with such standards; (3) integrate with, leverage, and coordinate funding of, to the maximum extent prac- ticable, 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 cur- rent geospatial activities of other Federal agencies and units of State and local govern- ment; and (5) develop a funding strategy to leverage and coordinate budgets and expenditures, and to maintain or establish joint funding and other agreement mechanisms with other Fed- eral agencies and units of State and local gov- ernment to share in the collection and utiliza- tion of geospatial data among all govern- mental users. (Pub. L. 112–141, div. F, title II, § 100220, July 6, 2012, 126 Stat. 932.)