Sec. 2. Community action to address 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 new subsection: For purposes of this subsection, the following definitions shall apply: The term covered community means a community— that is participating in the national flood insurance program under section 1315 ( 42 U.S.C. 4022 ); within which are located— not fewer than 50 repetitive loss structures; or not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) ( 42 U.S.C. 4101c(c)(2)(A) ) have not been conducted; and which has been identified by the Administrator as a priority for assessment and mitigation in accordance with the regulations authorized by this section.
The term repetitive loss structure has the meaning given such term in section 1370 ( 42 U.S.C. 4121 ). The term severe repetitive loss structure has the meaning given such term in section 1366(h) ( 42 U.S.C. 4101c(h) ). The Administrator shall, by regulation, require a covered community to— determine, with assistance from the Administrator, the areas within the covered community in which properties described in paragraph (1)(A)(ii) are located in order to identify areas that are repeatedly damaged by floods; assess, with assistance from the Administrator, future conditions which may represent continuing risks to the repeatedly damaged areas identified pursuant to subparagraph (A); develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified pursuant to subparagraph (A); submit the plan described in subparagraph
(C)and any plan updates to the Administrator at appropriate intervals; implement the plan described in subparagraph (C); and subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. As determined by the Administrator, a covered community may address the planning requirements of this subsection in coordination with other planning efforts, including— a plan developed under section 1366 of this title ( 42 U.S.C. 4104c ); a plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); or a plan completed for, conducted for, and consistent with criteria for the community rating system authorized under section 1315(b) of this title ( 42 U.S.C. 4022(b) ). The Administrator may issue appropriate policies and regulations to assist covered communities in identification of repeatedly flooded areas and in implementing practical plans for addressing the identified flooding problems. Assistance authorized under this section may include— sharing of information in accordance with the requirements of section 552a of title 5, United States Code, and the subchapter II of chapter 35 of title 44, United States Code; consideration of possible sources of financial assistance to communities, including— potential waiver or lowering of non-Federal cost shares for mitigation of properties; and potential priority for applicable grant mitigation funding managed by the Administrator; additional technical assistance to communities the Administrator may deem most at-risk for repeated flooding events; reasonable considerations and targeted assistance for communities defined as small and impoverished or high-risk under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C 5133(a)); and special assistance aimed at implementing Executive Order 13985 (January 20, 2021) on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as defined by the Administrator. In determining an appropriate level of assistance for a covered community, as provided in subparagraph (B), the Administrator shall consider the extent to which the community is working to remedy problems associated with repeated flooding and the resources available to the covered community, including— any Federal or State funding received by the covered community; the portion of the covered community that is located within areas having special flood hazards; and any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. Not later than 3 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C) and, to the extent possible, the trends in numbers of repetitive loss and severe repetitive loss properties. .
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Sec. 2
Community action to address repetitively flooded areas
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