“(F) cadastral features, including, for each cadastral feature—
“(i) the associated parcel identification data for such cadastral feature; and
“(ii) to the maximum extent practicable, using public and private sector address data, the address of such cadastral feature.”
“(D) spatially accurate in accordance with the common protocols for geospatial data under section 757 of the Geospatial Data Act of 2018 (43 U.S.C. 2806).”
“(g) Stream flow networks
“(1) In general—The Administrator shall coordinate with the United States Geological Survey for the sharing of data from stream flow networks critical to the National Flood Insurance Program, flood risk mapping, and flood risk assessments, to ensure that—
“(A) the stream gage stations in such stream flow networks are operational and use modern hardware;
“(B) such stream flow networks are sufficiently densified by adding new stream gage stations in high-risk areas;
“(C) inactive critical stream gage stations in such stream flow networks are reactivated; and
“(D) the speed of the geospatial real-time data feeds from such stream gage stations is increased.
“(2) Definitions—In this subsection:
“(A) Stream flow network—The term “stream flow network” means a network of stream flow gages maintained under the direction of the United States Geological Survey and its partners that is used to measure or record the flow of water down a stream or river, or through an entire watershed system, and transmit such information using a geospatial real-time data feed.
“(B) Stream gage station—The term “stream gage station” means a device installed at the edge of a river or stream that measures or records the flow of water down the stream and additional information such as water height, water chemistry, and water temperature.
“(3) Rule of construction—The purpose of this subsection is to require cooperation between the Federal Emergency Management Agency and United States Geological Survey and nothing in this subsection may be construed to require or obligate funding expenditures.
“(h) Availability of data to public—The Administrator shall make available to the public on the website of the Federal Emergency Management Agency a national geospatial data repository that—
“(1) provides access to the raw data used to include the cadastral features and parcel identification data in National Flood Insurance Program rate maps;
“(2) to the extent that such data is available, allows users to view, query, and obtain such data at multiple levels of detail, including down to the property level;
“(3) allows users to view flood risks, flood insurance zones, and flood elevations;
“(4) provides access to flood mapping and related information such as—
“(A) hydrologic and hydraulic models used in determining flood risk;
“(B) structure footprints where available as part of a national structure inventory;
“(C) flood depth grids;
“(D) flood risk reports;
“(E) flood risk assessments (Hazus analyses);
“(F) hazard mitigation plans; and
“(G) other flood risk products at the discretion of the Administrator; and
“(5) maintains and disseminates such data in a consistent manner.
“(i) Ensuring current data—Not less frequently than once every 5 years, the Administrator shall verify that each National Flood Insurance Program rate map contains data that is current and credible.
“(j) Qualifications-Based Selection Contracting
“(1) In general—With respect to a contract awarded by the Administrator under this Act, or by an entity receiving a grant under this Act, for program management, architectural and engineering services, or surveying and mapping, such a contract shall be awarded to a contractor selected in accordance with the procedures described in section 1103 of title 40, United States Code (or an applicable equivalent State qualifications-based statute). The Administrator, or entity, as the case may be, shall require such contractor, as a condition of such contract, to award any subcontract for program management, architectural and engineering services, or surveying and mapping in accordance with the procedures described in the previous sentence, or the applicable equivalent State statute.
“(2) Relationship to State law—Nothing in this subsection shall supersede any applicable State licensing law governing professional licensure.
“(3) Definitions—In this subsection:
“(A) Architectural and engineering services—The term “architectural and engineering services” has the meaning given that term in section 1102 of title 40, United States Code.
“(B) Surveying and mapping—The term “surveying and mapping” includes geospatial activities associated with measuring, locating, and preparing maps, charts, or other graphical or digital presentations depicting natural and man-made physical features, phenomena, and legal boundaries of the earth, including the following:
“(i) Topographic Engineering Surveying, including acquisition of topographic oriented surveying and mapping data for design, construction, master planning, operations, as-built conditions, precise structure stability studies using conventional and electronic instrumentation, photogrammetric, LiDAR, remote sensing, inertial, satellite, and other manned and unmanned survey methods as applicable.
“(ii) Hydrographic Engineering Surveying, including acquisition of hydrographic oriented surveying and mapping data for design, construction, dredging, master planning, operations, and as-built conditions using conventional and electronic instrumentation, and photogrammetric, remote sensing, inertial, satellite, side scan sonar, subbottom profiling, and other surveying methods, as applicable.
“(iii) Land Surveying, including property and boundary surveys, monumentation, marking and posting, and preparation of tract descriptions, using conventional, electronic instrumentation, photogrammetric, inertial, satellite, and other survey methods, as applicable.
“(iv) Geodetic Surveying, including first, second, and third order horizontal and vertical control surveys, geodetic astronomy, gravity and magnetic surveys using conventional, electronic instrumentation, photogrammetric, inertial, satellite, and other survey methods, as applicable.
“(v) Cartographic Surveying, including acquisition of topographic and hydrographic oriented surveying and mapping data for construction of maps, charts, and similar products for planning, flood analysis, and general use purposes using conventional and electronic instrumentation, photogrammetric, inertial, satellite, mobile, terrestrial, and other survey methods, as applicable.
“(vi) Mapping, charting, and related geospatial database development, including the design, compilation, digitizing, attributing, scribing, drafting, printing and dissemination of printed or digital map, chart, and related geospatial database products associated with planning, engineering, operations, and related real estate activities using photogrammetric, geographic information systems, and other manual and computer assisted methods, as applicable.
“(k) Definitions—In this section:
“(1) Cadastral feature—The term “cadastral feature” means the geographic elements and features—
“(A) that are independent of elevation, such as roads, structure footprints, and rivers and lakes;
“(B) which are represented on maps to show the true location and size of the elements in relationship to each other, as they are seen from the air; and
“(C) that are mapped from LiDAR or aerial photography by employing basic photogrammetry.
“(2) Parcel identification data—The term “parcel identification data” means the information associated with a parcel of land, including the geographic location, unique parcel identifier, boundaries, structures contained within the parcel, zoning classification, and owner.”
“(vi) all areas of the United States; and”
“(B) as soon as practicable—
“(i) modernize the flood mapping inventory for communities for which the National Flood Insurance Program rate maps have not been modernized; and
“(ii) in coordination with communities, utilize the digital display environment established under subsection (f)(1)(A) to produce, store, and disseminate any flood hazard data, models, and maps generated under clause (i) while ensuring that the flood mapping inventory described in that clause may be printed in order to carry out—
“(I) floodplain management programs under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); and
“(II) other purposes of the National Flood Insurance Program;”
“(E) when appropriate, partner with other Federal agencies, States, communities, and private entities in order to meet the objectives of the program; and
“(F) when appropriate, 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.”
“(f) Digital display environment and building-specific flood hazard and risk information
“(1) Establishment
“(A) In general—Not later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization Act of 2019, the Administrator, in consultation with the Technical Mapping Advisory Council, shall establish, as part of a national structure inventory, a dynamic, database-derived digital display environment for flood hazard and risk data, models, maps, and assessments.
“(B) Consultation with States and communities—In designing and constructing the digital display environment under subparagraph (A), the Administrator shall—
“(i) leverage and partner with States and communities that have successfully implemented the same approach; and
“(ii) consider adopting the techniques and technologies used by the States and communities described in clause (i) and applying those techniques and technologies nationwide.
“(2) Digital display system
“(A) In general—In carrying out paragraph (1), the Administrator, in consultation with the Technical Mapping Advisory Council, shall establish a national digital display system that shall—
“(i) be prompted through dynamic querying of a spatial, relational flood hazard and risk database;
“(ii) as permissible under law, be made available to the public;
“(iii) to the extent feasible, and where sufficient data is available, provide information, with respect to individual structures, regarding—
“(I) flood hazard and risk assessment determinations;
“(II) flood insurance; and
“(III) flood risk mitigation efforts;
“(iv) be constructed in a manner that facilitates coordination with digital display systems that—
“(I) have been developed by State and community partners; and
“(II) the Administrator finds are acceptable;
“(v) include the capability to print physical copies of maps; and
“(vi) where feasible, allow for the maintenance and storage of elevation certificates.
“(B) Privacy requirements—The Administrator may not disseminate the database described in subparagraph (A)(i), including any data used to create that database, to the public or to a private company in a manner that violates section 552a of title 5, United States Code, or any regulation implementing that section.”
“(l) Annual report—The Administrator, in coordination with the Technical Mapping Advisory Council established under section 100215 of this Act, shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate an annual report regarding progress achieved in the mapping program under this section, including the digital display and structure-specific information required under subsection (f), which shall include recommendations to reduce the cost and improve the implementation of that subsection.”
“(3) Future flood risk—The Administrator shall, in consultation with the Technical Mapping Council established under section 100215, provide financial and technical assistance to communities to incorporate future flood hazard conditions as an informational layer on their Flood Insurance Rate Maps.”
“(k) Appeals of existing maps
“(1) Right to appeal—A State or local government, or the owner or lessee of real property, who has made a formal request to the Administrator to update a flood map that the Administrator has denied may at any time appeal such a denial as provided in this subsection.
“(2) Basis for appeal—The basis for appeal under this subsection shall be the possession of knowledge or information that—
“(A) the base flood elevation level or designation of any aspect of a flood map is scientifically or technically inaccurate; or
“(B) 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.
“(3) Appeals process
“(A) Administrative adjudication—An appeal under this subsection shall be determined by a final adjudication on the record, and after opportunity for an administrative hearing.
“(B) Rights upon adverse decision—If an appeal pursuant to subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, such party may appeal the adverse decision to the Scientific Resolution Panel provided for in section 1363A, which shall recommend a non-binding decision to the Administrator.
“(4) Relief
“(A) Wholly successful appeals—In the case of a successful appeal resulting in a policyholder’s property being removed from a special flood hazard area, such policyholder may cancel the policy at any time within the current policy year, and the Administrator shall provide such policyholder a refund in the amount of any premiums paid for such policy year, plus any premiums paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding such policy year.
“(B) Partially successful appeals—In the case of any appeal in which mitigating factors were determined to have reduced, but not eliminated, the risk of flooding, the Administrator shall reduce the amount of flood insurance coverage required to be maintained for the property concerned by the ratio of the successful portion of the appeal as compared to the entire appeal. The Administrator shall refund to the policyholder any payments made in excess of the amount necessary for such new coverage amount, effective from the time when the mitigating factor was created or the beginning of the second policy year preceding the determination of the appeal, whichever occurred later.
“(C) Additional relief—The Administrator may provide additional refunds in excess of the amounts specified in subparagraphs (A) and (B) if the Administrator determines that such additional amounts are warranted.
“(5) Recovery of costs—When, incident to any appeal which is successful in whole or part regarding the designation of the base flood elevation or any aspect of the flood map, including elevation or designation of a special flood hazard area, the community, or the owner or lessee of real property, as the case may be, incurs expense in connection with the appeal, including services provided by surveyors, engineers, and scientific experts, the Administrator shall reimburse such individual or community for reasonable expenses to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal, but not including legal services, in the effecting of an appeal based on a scientific or technical error on the part of the Federal Emergency Management Agency. No reimbursement shall be made by the Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. The Administrator may use such amounts from the National Flood Insurance Fund established under section 1310 as may be necessary to carry out this paragraph.
“(6) Guidance—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.”
“(e) Determination by Administrator in the absence of appeals—If the Administrator has not received any appeals, upon expiration of the 90-day appeal period established under subsection (b) of this section the Administrator’s proposed determination shall become final. The community shall be given a reasonable time after the Administrator’s final determination in which to adopt local land use and control measures consistent with the Administrator’s determination.”
“(l) Levee-Impacted areas
“(1) In general—Subject to full implementation of subparagraphs (A)(iii) and (B) of section 100216(b)(1) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(1)) and notwithstanding any other provision of law, if a community applies to the Administrator for the remapping of a levee-impacted area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program required for levee accreditation on a flood insurance rate map in accordance with the Levee Analysis Mapping Procedure initiated by the Administrator to replace the “without levees” approach to a Flood Insurance Study, the Administrator shall—
“(A) establish flood risk zones for those levee-impacted areas on such maps, to be known as AL-E zones, that have an established elevation for community floodplain management; and
“(B) make flood insurance available to properties located within those levee-impacted areas.
“(2) Transition—During the period beginning on the date of enactment of this subsection and ending on the date on which the Administrator develops rates for the various AL-E zones, a structure located in a portion of a community that is located within a levee-impacted area described in paragraph (1) shall be eligible for rates associated with areas of moderate flood hazards.”
“(3) Allowable local variances for certain agricultural structures
“(A) Requirement—Notwithstanding any other provision of this Act—
“(i) the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance from compliance with the requirements to elevate or floodproof such a structure and meeting the requirements of subparagraph (B) may be granted; and
“(ii) the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance.
“(B) Variance; considerations—The requirements of this subparagraph with respect to a variance are as follows:
“(i) The variance is granted by an official from a duly constituted State or local zoning authority, or other authorized public body responsible for regulating land development or occupancy in flood-prone areas.
“(ii) In the case of new construction, such official has determined—
“(I) that neither floodproofing nor elevation of the new structure to the base flood elevation is practicable; and
“(II) that the structure is not located in—
“(aa) a designated regulatory floodway;
“(bb) an area riverward of a levee or other flood control structure; or
“(cc) an area subject to high velocity wave action or seaward of flood control structures.
“(iii) In the case of existing structures—
“(I) if such structure is substantially damaged or in need of substantial repairs or improvements, such official has determined that neither floodproofing nor elevation to the base flood elevation is practicable; and
“(II) if such structure is located within a designated regulatory floodway, such official has determined that the repair or improvement does not result in any increase in base flood levels during the base flood discharge.
“(iv) Such official has determined that the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
“(v) Not more than one claim payment exceeding $1,000 has been made for the structure under flood insurance coverage under this title within any period of 10 consecutive years at any time prior to the granting of the variance.
“(C) Definitions—For purposes of this paragraph, the following definitions shall apply:
“(i) Agricultural structure—The term agricultural structure has the meaning given such term in paragraph (2)(D).
“(ii) Floodproofing—The term floodproofing means, with respect to a structure, any combination of structural and non-structural additions, changes, or adjustments to the structure, including attendant utilities and equipment, that reduce or eliminate potential flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents.”
“(n) Premium rates for certain agricultural structures with variances—Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the same as the rate that otherwise would apply to such structure if the structure had been dry floodproofed or a comparable actuarial rate based upon the risk associated with structures within the applicable AL-E zone established under section 1360(l).”
“(A) the Director of the United States Geological Survey;”
“(xv) a member of a recognized professional real estate brokerage association.”