42 U.S.C. § 4101a: Technical Mapping Advisory…

Summary

Creates a Technical Mapping Advisory Council that must advise the FEMA Administrator on how to make flood maps and flood-risk data better, more accurate, easier to use, and easier to share. The Council has the FEMA Administrator, the Secretaries of the Interior and Agriculture, and the Under Secretary of Commerce for Oceans and Atmosphere (or their designees), plus 16 experts appointed by the FEMA Administrator. Those 16 include professionals and agency representatives such as surveyors, mappers, engineers, flood firms, USGS, state GIS and flood insurance coordinators, the Army Corps of Engineers, regional flood groups, state and local mapping partners, floodplain and risk managers, and a State mitigation officer. Members must have technical skills in surveying, mapping, remote sensing, GIS, or making and using flood insurance maps, and the Administrator must try to keep a balance of federal, state, local, tribal, and private members and geographic diversity, including Gulf Coast and other high‑risk areas. The Council must recommend mapping standards, ways to keep maps up to date, how to hand mapping work to state and local partners, ways to improve interagency coordination and funding, and performance measures. It must send an annual report to the FEMA Administrator describing its work, map status, and recommendations. The Council must consult experts and prepare recommendations on using the best climate science for future flood risk, and submit that report no later than 1 year after July 6, 2012; FEMA must use any such future risk assessment when updating maps. The Council elects its own chair, must meet at least twice each year, gets no extra pay, may use FEMA or other agency staff on a nonreimbursable basis, can hold hearings and do research, and the FEMA Administrator must report yearly to the Senate Committee on Banking, Housing, and Urban Affairs, the House Committee on Financial Services, and the Office of Management and Budget on the Council’s recommendations and FEMA’s actions.

Title 42, §4101a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment

There is established a council to be known as the Technical Mapping Advisory Council (in this section referred to as the “Council”).

(b)Membership

(1)In general

The Council shall consist of— (A)

(B)the Secretary of the Interior (or the designee thereof);

(C)the Secretary of Agriculture (or the designee thereof);

(D)the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); and

(E)16 additional members appointed by the Administrator or the designee of the Administrator, who shall be—

(i)a member of a recognized professional surveying association or organization;

(ii)a member of a recognized professional mapping association or organization;

(iii)a member of a recognized professional engineering association or organization;

(iv)a member of a recognized professional association or organization representing flood hazard determination firms;

(v)a representative of the United States Geological Survey;

(vi)a representative of a recognized professional association or organization representing State geographic information;

(vii)a representative of State national flood insurance coordination offices;

(viii)a representative of the Corps of Engineers;

(ix)a member of a recognized regional flood and storm water management organization;

(x)2 representatives of different State government agencies that have entered into cooperating technical partnerships with the Administrator and have demonstrated the capability to produce flood insurance rate maps;

(xi)2 representatives of different local government agencies that have entered into cooperating technical partnerships with the Administrator and have demonstrated the capability to produce flood insurance maps;

(xii)a member of a recognized floodplain management association or organization;

(xiii)a member of a recognized risk management association or organization; and

(xiv)a State mitigation officer.

(2)Qualifications

Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic information systems, or the technical aspects of preparing and using flood insurance rate maps. In appointing members under paragraph (1)(E), the Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of Federal, State, local, tribal, and private members, and includes geographic diversity, including representation from areas with coastline on the Gulf of Mexico and other States containing areas identified by the Administrator as at high risk for flooding or as areas having special flood hazards.

(c)Duties

The Council shall—

(1)recommend to the Administrator how to improve in a cost-effective manner the—

(A)accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and

(B)performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States;

(2)recommend to the Administrator mapping standards and guidelines for—

(A)flood insurance rate maps; and

(B)data accuracy, data quality, data currency, and data eligibility;

(3)recommend to the Administrator how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification;

(4)recommend procedures for delegating mapping activities to State and local mapping partners;

(5)recommend to the Administrator and other Federal agencies participating in the Council—

(A)methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination; and

(B)a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies; and

(6)submit an annual report to the Administrator that contains—

(A)a description of the activities of the Council;

(B)an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update flood insurance rate maps, as required under section 4101b of this title; and

(C)a summary of recommendations made by the Council to the Administrator.

(d)Future conditions risk assessment and modeling report

(1)In general

The Council shall consult with scientists and technical experts, other Federal agencies, States, and local communities to—

(A)develop recommendations on how to—

(i)ensure that flood insurance rate maps incorporate the best available climate science to assess flood risks; and

(ii)ensure that the Federal Emergency Management Agency uses the best available methodology to consider the impact of—

(I)the rise in the sea level; and

(II)future development on flood risk; and

(B)not later than 1 year after July 6, 2012, prepare written recommendations in a future conditions risk assessment and modeling report and to submit such recommendations to the Administrator.

(2)Responsibility of the Administrator

The Administrator, as part of the ongoing program to review and update National Flood Insurance Program rate maps under section 4101b of this title, shall incorporate any future risk assessment submitted under paragraph (1)(B) in any such revision or update.

(e)Chairperson

The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the “Chairperson”).

(f)Coordination

To ensure that the Council’s recommendations are consistent, to the maximum extent practicable, with national digital spatial data collection and management standards, the Chairperson shall consult with the Chairperson of the Federal Geographic Data Committee (established pursuant to Office of Management and Budget Circular A–16).

(g)Compensation

Members of the Council shall receive no additional compensation by reason of their service on the Council.

(h)Meetings and actions

(1)In general

The Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of its members, and may take action by a vote of the majority of the members.

(2)Initial meeting

The Administrator, or a person designated by the Administrator, shall request and coordinate the initial meeting of the Council.

(i)Officers

The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c).

(j)Staff

(1)Staff of FEMA

Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties.

(2)Staff of other Federal agencies

Upon request of the Chairperson, any other Federal agency that is a member of the Council may detail, on a nonreimbursable basis, personnel to assist the Council in carrying out its duties.

(k)Powers

In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research, as it considers appropriate.

(l)Report to Congress

The Administrator, on an annual basis, shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Office of Management and Budget on the—

(1)recommendations made by the Council;

(2)actions taken by the Federal Emergency Management Agency to address such recommendations to improve flood insurance rate maps and flood risk data; and

(3)any recommendations made by the Council that have been deferred or not acted upon, together with an explanatory statement.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions For definitions of terms used in this section, see section 4004 of this title.

§4101a Technical Mapping Advisory Council

Summary

Title 42, §4101a

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata