Sec. 2. Appeals of projected special flood hazard areas
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/bill/114/hr/3297/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 ) is amended by adding at the end the following new subsection: In any appeal to the Administrator, or any judicial review of a final administrative determination, regarding the designation of flood elevation determinations or the identification of special flood hazard areas, the Administrator shall have the burden of proving, by clear and convincing evidence, that the elevations proposed by the Administrator or the designation of an identified special flood hazard area, as the case may be, is scientifically and technically correct. . Subsection
(c)of section 1363A of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104–1(c) ) is amended— by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; and by inserting after paragraph
(2)the following new paragraph: The Scientific Resolution Panel may not resolve a dispute submitted under this section in favor of the Administrator unless the Panel determines, by clear and convincing evidence, that the data and determinations of the Administrator involved in the dispute are scientifically and technically correct. . Section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 ) is amended— in subsection (b), by striking ninety-day and inserting 6-month ; and in subsections
(c)and (d), by striking ninety days each place such term appears and inserting 6 months . The amendment made by paragraph
(1)shall apply with respect to second newspaper publications of notifications of the Administrator of the Federal Emergency Management Agency referred to in section 1363(b) of the National Flood Insurance Act of 1968 that occur after the date of the enactment of this Act. Subsection
(f)of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104(f) ) is amended— by striking the first sentence and inserting the following: When, incident to any appeal that is successful, in whole or part, regarding the designation of any aspect of a flood map, including elevation or designation of a special flood hazard area, the community, owner, or lessee of real property, as the case may be, incurs expense in connection with the appeal, including for legal services and services provided by surveyors, engineers, and scientific experts, the Administrator shall reimburse such individual or community for reasonable expenses to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal. Any successful appeal shall be entitled to such reimbursement and reimbursement shall not be contingent upon filing within the 6-month periods referred to in subsections
(c)and (d). ; and by striking the last sentence and inserting the following: The Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code. . The Administrator of the Federal Emergency Management Agency shall issue the guidance referred to in the last sentence of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104(f) ), as amended by paragraph (1)(B) of this subsection, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act.
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- 42 USC 4104–1(c)
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