Sec. 208. Mapping modernization

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The Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4004 et seq.) is amended— in section 100215 ( 42 U.S.C. 4101a )— in subsection (b)(1)— by redesignating subparagraphs

(A)through

(E)as subparagraphs

(B)through (F), respectively; by inserting before subparagraph (B), as so redesignated, the following: the Director of the United States Geological Survey; ; and in subparagraph (F), as so redesignated— in the matter preceding clause (i), by striking 16 and inserting 17 ; in clause (xiii), by striking and at the end; in clause (xiv), by striking the period at the end and inserting ; and ; and by adding at the end the following: an expert in the field of catastrophic risk modeling. ; and by adding at the end the following: In addition to the other duties of the Council under this section, not later than 1 year after the date of enactment of this subsection, the Council shall develop and establish a set of standards, guidelines, and procedures for— State and local governments, federally or State-recognized metropolitan planning organizations (commonly known as MPOs ), federally or State-recognized councils of local governments, and federally or State-recognized rural transportation planning organizations to use in mapping flood risks and developing alternative maps to the flood insurance rate maps developed by the Administrator; and certification, by the Administrator not later than 90 days after the date on which a map developed under subparagraph

(A)is submitted to the Administrator, for use under the National Flood Insurance Program in the case of any area covered by a flood insurance rate map developed or approved by the Administrator that has not been updated or reissued during the preceding 3-year period. On and after the date on which the Administrator certifies a map under paragraph (1)(B), the map— shall be considered the flood insurance rate map in effect for all purposes of the National Flood Insurance Program with respect to the area covered by the map; and may not be revised, updated, or replaced in accordance with the standards, guidelines, and procedures established under paragraph

(1)before the expiration of the 3-year period beginning on that date of certification. Until the date on which the Administrator promulgates regulations implementing paragraphs

(1)and (2), the Administrator may adopt policies and procedures, notwithstanding any other provision of law, necessary to implement those paragraphs without regard to section 553 of title 5, United States Code, and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order. ; and in section 100216 ( 42 U.S.C. 4101b )— in subsection (b)— in paragraph (1)— in subparagraph (A), by striking to— and all that follows through the end of clause

(vi)and inserting to all areas of the United States; ; in subparagraph (B), by striking and at the end; in subparagraph (C), by striking accurate topography and all that follows through the period at the end and inserting current and best remote sensing technology; ; and by adding at the end the following: when appropriate, partner with other Federal agencies and private entities in order to meet the objectives of the program; and consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps. ; and in paragraph (3)— in subparagraph (A), by redesignating clauses

(i)and

(ii)as subclauses

(I)and (II), respectively, and adjusting the margins accordingly; by redesignating subparagraphs

(A)through

(E)as clauses

(i)through (v), respectively, and adjusting the margins accordingly; in the matter preceding clause (i), as so redesignated, by striking Administrator shall include— and inserting the following: Administrator— shall include— ; in subparagraph (A)(v), as so redesignated, by striking the period at the end and inserting ; and ; and by adding at the end the following: may include— any relevant information that is obtained under paragraph (1)(D); and cadastral features, including, for each cadastral feature— the associated parcel identification data for that feature; and to the maximum extent practicable, using public and private sector address data, the address of that feature. ; in subsection (c)(2)— in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: not later than 5 years after the date on which the National Geodetic Survey completes the modernization of the National Spatial Reference System in 2022, updated to conform with the geospatial data provided by that system; and spatially accurate in accordance with the common protocols for geographic information systems under section 216 of the E-Government Act of 2002 ( 44 U.S.C. 3501 note). ; by redesignating subsection

(f)as subsection (g); by inserting after subsection

(e)the following: Not later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2019 , the Administrator, in coordination with, and as recommended by, the Technical Mapping Advisory Council, shall establish a dynamic, database-derived digital display environment for flood hazard risk production and dissemination. In designing and constructing the environment under subparagraph (A), the Administrator shall— leverage and partner with States and communities that have successfully implemented the same approach; and consider adopting the techniques and technologies used by States and communities described in clause

(i)and applying them nationwide. In carrying out paragraph (1), the Administrator shall create a digital display prompted through dynamic querying of a spatial, relational building database that includes— special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ); and structure-specific flood risk information, including, for each property address— the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations; the most current elevation certificate applicable to the property; any letter of map changes; the full risk premium rate estimated for the structure under section 1307(a)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1) ) based on elevation data; the disclosure described in section 1308(l) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(l) ), which shall include— the extent to which, if any, the chargeable premium rate applicable to the property is less than the full risk premium rate under section 1307(a)(1) of that Act ( 42 U.S.C. 4014(a)(1) ); and an explanation of the difference described in item

(aa)and the methodology used to rate the property; the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the 10 percent annual chance event to the 0.2 percent annual chance event; the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method; and the claims history of the structure, including the amount and date of each loss. With respect to the database described in subparagraph (A), including any data used to create that database, the Administrator may not disseminate the database to any person other than the owner or leaseholder of a property identified in the database. The Administrator shall— develop a spatial, relational database of buildings in the National Flood Insurance Program; and obtain the data necessary to support the digital display created under paragraph (2). The data obtained under subparagraph

(A)shall include, at a minimum— footprints and elevations (including lowest adjacent grade and first floor) from Light Detection and Ranging (commonly known as LiDAR ) data collections or other data collection methods that meet or exceed the standards for buildings, as determined by the Administrator; elevation certificates; parcel, address, and imagery data necessary for the identification, assessment, and reduction of flood hazards for individual properties; flood insurance rate maps, studies, and supporting data; letters of map change; and any other data that the Administrator determines necessary to collect to meet the objectives of this section. The Administrator shall obtain any data necessary to establish the environment under paragraph (1), including by— directing communities participating in the National Flood Insurance Program, by regulation, to collect and supply information, including elevation data, for each structure that obtains a construction or other development permit within— a special flood hazard area; or an advisory special flood hazard area adopted by the community; issuing guidelines and standards, as determined by the Administrator; partnering with other Federal, State, local, and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the Administrator under subparagraph (B); and contracting with private companies to obtain new LiDAR data collections or elevation certificates. The Administrator shall provide a 1-time premium credit of not more than $500 to a policyholder for— the purchase of an elevation certificate; or the purposes of appealing the chargeable premium rate with respect to the property to which the premium applies. In coordination with States and communities that have successfully implemented a dynamic, database-derived digital display environment for flood hazard risk production and dissemination, the Administrator shall issue guidelines for the adoption and integration into the program established under subsection

(a)of LiDAR-based letter of map amendment approaches. The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual progress report on the implementation of this subsection, which shall include recommendations to reduce the cost and improve the implementation of this subsection. ; and in subsection (g), as so redesignated— by striking this section $400,000,000 and inserting the following: this section— $400,000,000 ; and by striking the period at the end and inserting the following: ; and $400,000,000 for each of fiscal years 2020 through 2025. . Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) 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 (k)(6) of section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ), as added by paragraph (1)(A).

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