[Pages S4461-S4462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SA 4282. Mr. PRYOR (for himself, Mrs. Lincoln, Mr. Vitter, Mr.
Brownback, and Mr. Cochran) submitted an amendment intended to be
proposed by him to the bill H.R. 4899, making emergency supplemental
appropriations for disaster relief and summer jobs for the fiscal year
ending September 30, 2010, and for other purposes; which was ordered to
lie on the table; as follows:

On page 81, between lines 23 and 24, insert the following:

TITLE IV--FLOOD INSURANCE

SEC. 4001. BASE FLOOD ELEVATION DETERMINATION APPEAL PERIOD.

(a) In General.--Notwithstanding any other provision of
law, the appeal period for any base flood elevation
determination or any determination of an area having special
flood hazards shall be 90 days unless an extended appeal
period is requested by a party affected by such
determination, in which case the appeal period shall be 120
days.
(b) Reentry of Appeals.--Effective for the 90-day period
beginning on the date of enactment of this Act, any community
whose Flood Insurance Rate Maps were revised, updated, or
otherwise altered after September 30, 2008, pursuant to the
Flood Map Modernization Program established under section
1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) shall be permitted to re-enter an appeal of such
revision, update, or alteration and such appeal shall be
subject to the time limitations established under subsection
(a).

SEC. 4002. ECONOMIC IMPACT OF PRELIMINARY BASE FLOOD
ELEVATION DETERMINATIONS AND PRELIMINARY FLOOD
INSURANCE RATE MAPS.

For purposes of section 605(b) of title 5, United States
Code, the issuance by the Administrator of the Federal
Emergency Management Agency of a proposed modified base flood
elevation, proposed area having special flood hazards,
preliminary flood insurance study, or preliminary Flood
Insurance Rate Maps shall be deemed to have a significant
economic impact on a substantial number of small entities.

SEC. 4003. ESTABLISHMENT OF A BASE FLOOD ELEVATION
DETERMINATION AND SPECIAL FLOOD HAZARD AREA
DETERMINATION ARBITRATION PANEL.

(a) Establishment.--As allowed under section 1307(e) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104), and
notwithstanding any other provision of law, not later than 90
days after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency
shall establish an arbitration panel--
(1) to efficiently and clearly resolve disputes between
communities and the Federal Government regarding the Flood
Map Modernization Program; and
(2) to expedite the general acceptance of technically
accurate base flood elevation determinations as reflected in
Flood Insurance Rate Maps.
(b) Arbitration Panel.--
(1) Membership.--The arbitration panel established under
subsection (a) shall be comprised of 5 members.

[[Page S4462]]

(2) Required qualifications.--
(A) Economic and administrative expertise.--At least 1
member of the arbitration panel established under subsection
(a) shall have expertise in each of the following fields:
(i) Community economic development.
(ii) Administrative law.
(B) Water resources expertise.--At least 3 members of the
arbitration panel established under subsection (a) shall have
technical expertise in water resources and other related
scientific disciplines.
(3) No fema employees.--No member of the arbitration panel
established under subsection (a) shall be an employee of the
Federal Emergency Management Agency.
(4) Independence.--Each member of the arbitration panel
established under subsection (a) shall be independent and
neutral.
(5) Use of.--A community may choose to have a dispute
resolved by the arbitration panel not later than 90 days
after the appeal period described in section 4001(a) ends.
(c) Considerations.--
(1) In general.--The arbitration panel established under
subsection (a) may consider historical flood data and other
data outside the scope of scientific or technical data in
carrying out the duties and responsibilities of the
arbitration panel.
(2) Prohibition.--In resolving any dispute under this
section, the arbitration panel may not take into
consideration the status of the grant application of any
community under section 4.
(3) Coordination with corps of engineers.--Upon request by
the arbitration panel, the appropriate district office of
jurisdiction of the United States Army Corps of Engineers
shall fund and make available personnel or technical guidance
to assist the arbitration panel in considering hydrological
data, historical data, budgetary data, or other relevant
information.
(d) Community Choice.--A community may choose to have a
dispute resolved by the arbitration panel only if the
community has satisfied the following conditions:
(1) The community has appealed a base flood elevation
determination or a determination of an area having special
flood hazards and undergone a 30-day consultation period with
the Administrator of the Federal Emergency Management Agency
in an effort to resolve the dispute.
(2) The 30-day consultation period described in paragraph
(1) shall begin upon the Administrator's receipt of notice of
intent of the community to enter arbitration.
(3) In cases in which the appeal period described under
paragraph (1) begins a sufficient time after the date of
enactment of this Act, the community has adequately notified
the public 180 days prior to the beginning of the appeal
period regarding the changes proposed by the Administrator.
Such notification may include individual notification of
affected households, public meetings, or publication of
proposed changes in local media.
(e) Binding Authority.--
(1) In general.--Any determination of resolution of a
dispute by the arbitration panel under this section--
(A) shall be final and binding; and
(B) may not appeal or seek further relief for such dispute
to any other administrative or judicial body.
(2) Proceedings.--
(A) In general.--The arbitration panel shall--
(i) initiate proceedings to resolve any disputes brought
before the arbitration panel;
(ii) consider all relevant information during the course of
any such proceeding; and
(iii) issue a determination of resolution of the dispute,
as soon as is practical after the initiation of such
proceeding.
(B) Effect prior to determination.--Until such time as the
arbitration panel issues a determination of resolution under
subparagraph (A), the most current Flood Insurance Rate Maps
shall remain in effect.
(3) Final determination.--Following deliberations, the
arbitration panel shall issue a final determination of
resolution of a dispute setting forth the base flood
elevation determination or the determination of an area
having special flood hazards that shall be reflected in the
Flood Insurance Rate Maps. The final determination of the
arbitration panel shall not be limited to either acceptance
or denial of the position of Administrator of the Federal
Emergency Management Agency or the position of the community.
(4) Written opinion.--Accompanying any final determination
of resolution issued pursuant to paragraph (3), the
arbitration panel shall issue a written opinion fully
explaining its decision, including all relevant information
relied upon by the panel. The opinion issued under this
paragraph shall provide communities seeking to mitigate their
flood risk with sufficient information to make informed
future planning decisions in light of identified flood
hazards.
(f) Rule of Construction.--Nothing contained in this
section shall alter existing procedures for revision, update,
or amendment of Flood Insurance Rate Maps, including Flood
Insurance Rate Maps resulting from decisions of the
arbitration panel.
(g) Sunset.--This section shall cease to have effect 3
years after the date of enactment of this Act.

SEC. 4004. ELIGIBILITY FOR CERTAIN REIMBURSEMENTS FOR
COMMUNITIES PARTICIPATING IN ARBITRATION.

(a) Funding.--For communities who enter arbitration
pursuant to section 3, funds derived from offsetting
collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be made available to reimburse communities for certain
expenses related to the collection of technical data related
to Flood Insurance Rate Maps that are the subject of a
dispute for which the arbitration panel established in this
title has been directed to resolve, as allowed for pursuant
to section 1307(f) of the National Flood Insurance Act of
1968 (42 U.S.C. 4104(f)).
(b) Sunset.--This section shall cease to have effect on the
date that is 3 years after the date of enactment of this
title.
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