Levee-protected areas

Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)) is amended by adding at the end the following: (4) Areas protected by levee systems (A) Applicability To facilitate the implementation of this section, and notwithstanding any other provision of law, this paragraph shall apply to a community in which the Administrator establishes rates for flood insurance under the National Flood Insurance Program in a levee-protected area. (B) Non-accredited levee systems (i) Assessment of protection provided by non-accredited levee systems With respect to an area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, for levee accreditation on a National Flood Insurance Program rate map under the Risk Rating 2.0 methodology (or any substantially similar methodology), the Administrator shall, not later than 1 year after the date of enactment of this paragraph— (I) through rules issued under section 553 of title 5, United States Code, establish— (aa) the analysis that the Administrator will perform to determine the level of protection provided by the non-accredited levee system; and (bb) the procedure by which the Administrator will establish rates for flood insurance under the National Flood Insurance Program for that area; and (II) (aa) issue guidance with respect to the matters described in items (aa) and (bb) of subclause (I); or (bb) use the levee analysis and mapping procedure of the Federal Emergency Management Agency, as in effect on the date of enactment of this paragraph, for purposes of updating flood insurance rate maps and establishing rates for flood insurance under the National Flood Insurance Program, working with established Local Levee Partnership Teams or their equivalent for verification of accurate results. (ii) Rate for areas without sufficient data With respect to a structure that is located in an area described in clause (i), and for which the Administrator does not have sufficient data to assess risk, the Administrator may not increase the rates for flood insurance under the National Flood Insurance Program for that structure until the Administrator— (I) carries out clause (i) with respect to that area; and (II) makes available to all parties affected by the increased rate the data on which the Administrator is relying in establishing that increased rate. (C) Mandatory purchase requirement for levee systems In any area in which the pertinent levee system meets the minimum design, operation, and maintenance standards described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, the Administrator may not— (i) designate the levee-protected area a special flood hazard area; or (ii) impose any requirement to purchase flood insurance for a structure located in the area. (D) Appeals process (i) In general Not later than 1 year after the date of enactment of this paragraph, the Administrator shall develop an appeals process for communities located within a levee-protected area described in this paragraph that disputes the assessment made by the Administrator of the level of protection provided by the levee or the residual risk associated with the levee. (ii) Definition requirements With respect to the appeals process established under clause (i)— (I) subject to subclause (II), the Administrator shall make clear which definition of the terms levee and residual risk shall apply for the purposes of the appeal; and (II) an appellant in an appeal brought under that process may require that the Administrator use the definition of the term levee in section 59.1 of title 44, Code of Federal Regulations, or any successor regulation..