Sec. 209. Appeals regarding existing flood maps
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Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ), as amended by section 208, is amended by adding at the end the following: Subject to paragraph (6), a State or local government, or the owner or lessee of real property, that makes a formal request to the Administrator to update a flood insurance rate map that the Administrator denies may at any time appeal the denial in accordance with this subsection. The basis for an appeal under this subsection shall be the possession of knowledge or information that— the base flood elevation level or designation of any aspect of a flood insurance rate map is scientifically or technically inaccurate; or factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features.
The Administrator shall determine an appeal under this subsection by making a final adjudication on the record, after providing an opportunity for an administrative hearing. If an appeal determined under subparagraph
(A)does not result in a decision in favor of the State, local government, owner, or lessee, that party may request that an appeal of the adverse decision be heard through independent, non-binding arbitration. The Administrator shall establish a process for arbitration under clause
(i)under which the arbitrator provides a non-binding recommendation to the Administrator. If the Administrator determines, in an appeal under this subsection, that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area— the policyholder may cancel the policy at any time during the year in which the Administrator makes the determination; and the Administrator shall provide the policyholder a refund equal to the amount of— any premiums that the policyholder paid during the year described in clause (i); and any premiums that the policyholder paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding the year described in clause (i). If the Administrator determines in an appeal under this subsection that mitigating factors have reduced, but not eliminated, the risk of flooding to a property, the Administrator shall— reduce the amount of flood insurance coverage required to be maintained for the property by the ratio of the successful portion of the appeal as compared to the entire appeal; and provide the policyholder a refund equal to the difference between— the amount of any premiums that the policyholder paid during the period— beginning on the later of— the date on which the mitigating factor was created; or January 1 of the second year preceding the date on which the determination is made; and ending on the date on which the reduction in the amount of flood insurance required, as described in clause (i), takes effect; and the amount of premiums that the policyholder would have been required to pay if the reduced amount of flood insurance coverage required, as described in clause (i), had been in effect during the period described in subclause
(I)of this clause. The Administrator may provide additional refunds in excess of the amounts required under subparagraphs
(A)and
(B)if the Administrator determines that such additional refunds are warranted. If a State or local government, or the owner or lessee of real property, incurs any expense in connection with an appeal under this subsection that is based on a scientific or technical error made by the Administrator and that is successful in whole or part regarding the designation of the base flood elevation or any aspect of a flood insurance rate map, including elevation or designation of a special flood hazard area, the Administrator shall reimburse the State, local government, owner, or lessee in accordance with subparagraph (B). The Administrator— may reimburse a party under subparagraph
(A)for reasonable expenses described in that subparagraph— including for a service provided by a surveyor, engineer, or scientific expert; and to the extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal; and may not reimburse a party under subparagraph
(A)for— the cost of legal services; or the payment of any fee or expense, the payment of which was agreed to be contingent upon the result of the appeal. 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. . Section 1310(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(a) ) is amended— in paragraph (7), by striking and at the end; in paragraph (8), by striking the period at the end and inserting ; and ; and by adding at the end the following: for providing reimbursements of expenses of flood insurance rate map appeals under section 1360(k)(5). . Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (l)(6) of section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ), as added by subsection
(a)of this section.
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