Sec. 100230. ELIGIBILITY FOR FLOOD INSURANCE FOR PERSONS RESIDING IN COMMUNITIES THAT HAVE MADE ADEQUATE PROGRESS ON THE RECONSTRUCTION OR IMPROVEMENT OF A FLOOD PROTECTION SYSTEM
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## SEC. 100230 ELIGIBILITY FOR FLOOD INSURANCE FOR PERSONS RESIDING IN COMMUNITIES THAT HAVE MADE ADEQUATE PROGRESS ON THE RECONSTRUCTION OR IMPROVEMENT OF A FLOOD PROTECTION SYSTEM **[**[42 U.S.C. 4014 note](/us/usc/t42/s4014)**]** ###
(a)Eligibility for Flood Insurance Coverage ####
(1)In general Notwithstanding any other provision of law (including section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e))), a person residing in a community that the Administrator determines has made adequate progress on the reconstruction or improvement of a flood protection system that will afford flood protection for a 100-year floodplain (without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement), shall be eligible for flood insurance coverage under the National Flood Insurance Program— #####
(A)if the person resides in a community that is a participant in the National Flood Insurance Program; and #####
(B)at a risk premium rate that does not exceed the risk premium rate that would be chargeable if the flood protection system had been completed. ####
(2)Adequate progress #####
(A)Reconstruction or improvement For purposes of paragraph (1), the Administrator shall determine that a community has made adequate progress on the reconstruction or improvement of a flood protection system if— ######
(i)100 percent of the project cost has been authorized; ######
(ii)not less than 60 percent of the project cost has been secured or appropriated; ######
(iii)not less than 50 percent of the flood protection system has been assessed as being without deficiencies; and ######
(iv)the reconstruction or improvement has a project schedule that does not exceed 5 years, beginning on the date on which the reconstruction or construction of the improvement commences. #####
(B)Considerations In determining whether a flood protection system has been assessed as being without deficiencies, the Administrator shall consider the requirements under section 65.10 of chapter 44, Code of Federal Regulations, or any successor thereto. #####
(C)Date of commencement For purposes of subparagraph (A)(iv) of this paragraph and subsection (b)(2)(B), the date of commencement of the reconstruction or improvement of a flood protection system that is undergoing reconstruction or improvement on the date of enactment of this Act shall be deemed to be the date on which the owner of the flood protection system submits a request under paragraph (3). ####
(3)Request for determination The owner of a flood protection system that is undergoing reconstruction or improvement on the date of enactment of this Act may submit to the Administrator a request for a determination under paragraph
(2)that the community in which the flood protection system is located has made adequate progress on the reconstruction or improvement of the flood protection system. ####
(4)Rule of construction Nothing in this subsection shall be construed to prohibit the Administrator from making a determination under paragraph
(2)for any community in which a flood protection system is not undergoing reconstruction or improvement on the date of enactment of this Act. ###
(b)Termination of Eligibility ####
(1)Adequate continuing progress The Administrator shall issue rules to establish a method of determining whether a community has made adequate continuing progress on the reconstruction or improvement of a flood protection system that includes— #####
(A)a requirement that the Administrator shall— ######
(i)consult with the owner of the flood protection system— ######
(I)6 months after the date of a determination under subsection (a); ######
(II)18 months after the date of a determination under subsection (a); and ######
(III)36 months after the date of a determination under subsection (a); and ######
(ii)after each consultation under clause (i), determine whether the reconstruction or improvement is reasonably likely to be completed in accordance with the project schedule described in subsection (a)(2)(A)(iv); and #####
(B)a requirement that, if the Administrator makes a determination under subparagraph (A)(ii) that reconstruction or improvement is not reasonably likely to be completed in accordance with the project schedule, the Administrator shall— ######
(i)not later than 30 days after the date of the determination, notify the owner of the flood protection system of the determination and provide the rationale and evidence for the determination; and ######
(ii)provide the owner of the flood protection system the opportunity to appeal the determination. ####
(2)Termination The Administrator shall terminate the eligibility for flood insurance coverage under subsection
(a)for persons residing in a community with respect to which the Administrator made a determination under subsection
(a)if— #####
(A)the Administrator determines that the community has not made adequate continuing progress; or #####
(B)on the date that is 5 years after the date on which the reconstruction or construction of the improvement commences, the project has not been completed. ####
(3)Waiver A person whose eligibility would otherwise be terminated under paragraph (2)(B) shall continue to be eligible to purchase flood insurance coverage described in subsection
(a)if the Administrator determines— #####
(A)the community has made adequate continuing progress on the reconstruction or improvement of a flood protection system; and #####
(B)there is a reasonable expectation that the reconstruction or improvement of the flood protection system will be completed not later than 1 year after the date of the determination under this paragraph. ####
(4)Risk premium rate If the Administrator terminates the eligibility of persons residing in a community to purchase flood insurance coverage described in subsection (a), the Administrator shall establish an appropriate risk premium rate for flood insurance coverage under the National Flood Insurance Program for persons residing in the community that purchased flood insurance coverage before the date on which the termination of eligibility takes effect, taking into consideration the then-current state of the flood protection system. ###
(c)Additional Authority ####
(1)Additional authority Notwithstanding subsection (a), in exceptional and exigent circumstances, the Administrator may, in the Administrator’s sole discretion, determine that a person residing in a community, which is a participant in the National Flood Insurance Program, that has begun reconstruction or improvement of a flood protection system that will afford flood protection for a 100-year floodplain (without regard to the level of Federal funding of or participation in the reconstruction or improvement) shall be eligible for flood insurance coverage under the National Flood Insurance Program at a risk premium rate that does not exceed the risk premium rate that would be chargeable if the flood protection system had been completed, provided— #####
(A)the community makes a written request for the determination setting forth the exceptional and exigent circumstances, including why the community cannot meet the criteria for adequate progress set forth in under subsection (a)(2)(A) and why immediate relief is necessary; #####
(B)the Administrator submits a written report setting forth findings of the exceptional and exigent circumstances on which the Administrator based an affirmative determination to the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives not later than 15 days before making the determination; and #####
(C)the eligibility for flood insurance coverage at a risk premium rate determined under this subsection terminates no later than 1 year after the date on which the Administrator makes the determination. ####
(2)Limitation Upon termination of eligibility under paragraph (1)(C), a community may submit another request pursuant to paragraph (1)(A). The Administrator may make no more than two determinations under paragraph
(1)with respect to persons residing within any single requesting community. ####
(3)Termination The authority provided under paragraphs
(1)and
(2)shall terminate two years after the enactment of this Act.
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Sec. 100230
ELIGIBILITY FOR FLOOD INSURANCE FOR PERSONS RESIDING IN COMMUNITIES THAT HAVE MADE ADEQUATE PROGRESS ON THE RECONSTRUCTION OR IMPROVEMENT OF A FLOOD PROTECTION SYSTEM
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