Sec. 101. Community preparation for repetitively flooded areas
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Section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ) is amended by adding at the end the following: In this subsection— the term covered community means a community— that is participating, under section 1315, in the national flood insurance program; and within which are located— 50 or more repetitive loss structures; 5 or more severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or a public facility or a private nonprofit facility that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) in connection with more than 1 flooding event in the most recent 10-year period; the terms private nonprofit facility and public facility have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ); the term repetitive loss structure has the meaning given the term in section 1370(a); and the term severe repetitive loss structure has the meaning given the term in section 1366(h).
The Administrator shall, by regulation, require any covered community— to identify the areas within the covered community where properties described in paragraph (1)(A)(ii) or flood-damaged facilities are located to determine areas repetitively damaged by floods and to assess, with assistance from the Administrator, the continuing risks to such areas; to develop a community-specific plan for mitigating continuing flood risks to such repetitively flooded areas and to submit such plan and plan updates to the Administrator at appropriate intervals; to implement such plans; and to make such plans, plan updates, and reports on progress in reducing flood risk available to the public, subject to section 552a of title 5, United States Code.
A plan developed pursuant to paragraph
(2)may be incorporated into a mitigation plan developed under section 1366 and a hazard mitigation plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). To assist a covered community in preparation of a plan required under paragraph (2), the Administrator shall, upon request, provide a covered community with appropriate data regarding the property addresses and dates of claims associated with insured properties within the covered community. In making a determination regarding financial assistance under the authorities of this title, the Administrator may consider the extent to which a covered community has complied with this subsection and is working to remedy problems with addressing repetitively flooded areas. The Administrator shall, by regulations issued in accordance with the procedures established under section 553 of title 5, United States Code, regarding substantive rules, provide appropriate sanctions for a covered community that fails to comply with the requirements under this subsection or to make sufficient progress in reducing the flood risks to areas in the covered community that are repetitively damaged by floods. Before imposing any sanction pursuant to this paragraph, the Administrator shall provide the covered community involved with notice of the noncompliance that could result in the imposition of sanctions, which shall include recommendations for actions to bring the covered community into compliance with this subsection. In determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community involved, including Federal funding, the portion of the covered community that lies within an area having special flood hazards, and other factors that make it difficult for the covered community to conduct mitigation activities for existing flood-prone structures. Not later than 6 years after the date of enactment of this subsection, and not less frequently than every 2 years thereafter, the Administrator shall submit a report to Congress regarding the progress of covered communities in implementing plans developed pursuant to paragraph (2)(B). . Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations necessary to carry out subsection
(e)of section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ), as added by subsection
(a)of this section.
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Sec. 101
Community preparation for repetitively flooded areas
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