,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #hcj  ,,in ,,the ,,house ,,of   
,,representatives  ,january #bi1        
#bjai,mr4 ,garamendi 7for himself and   
,mr4 ,la,malfa7 introduced the following
 bill2 which was referred to the        
,committee on ,financial ,services  ,a  
,,bill  ,to amend the ,national ,flood  
,insurance ,act of #aifh to allow the   
repair1 expansion1 and construction1    
without elevation1 of agricultural      
structures located in special flood     
hazard zones1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,flood ,insurance for ,farmers  
,act of #bjai4  #b4 ,requirements for   
,state and local land use controls      
,subsection 7a7 of section #acae of the 
,national ,flood ,insurance ,act of     
#aifh 7#db ,u4,s4,c4 #djbb7;a77 is      
amended by adding at the end the        
following new paragraph3  7#c7          
,allowable local variances for certain  
agricultural structures  7,a7           
,requirement ,notwithstanding any other 

provision of this ,act-- 7i7 the land   
use and control measures adopted        
pursuant to paragraph 7#a7 may not1 for 
purposes of such paragraph1 be          
considered to be inadequate or          
inconsistent with the comprehensive     
criteria for land management and use    
under section #acfa because such        
measures provide that1 in the case of   
any agricultural structure that is      
located in an area having special flood 
hazards1 a variance from compliance with
 the requirements to elevate or         
floodproof such a structure and meeting 
the requirements of subparagraph 7,b7   
may be granted2 and  7ii7 the           
,administrator may not suspend a        
community from participation in the     
national flood insurance program1 or    
place such a community on probation     
under such program1 because such land   
use and control measures provide for    
such a variance4  ,this subparagraph    
shall not limit the ability of the      
,administrator to take enforcement      

action against a community that does not
 adopt adequate variance criteria or    
establish proper enforcement mechanisms4
  7,b7 ,variance2 considerations ,the   
requirements of this subparagraph with  
respect to a variance are as follows3   
7i7 ,the variance is granted by an      
official from a duly constituted ,state 
or local zoning authority1 or other     
authorized public body responsible for  
regulating land development or occupancy
 in flood-prone areas4  7ii7 ,in the    
case of new construction1 such official 
has determined-- 7,i7 that neither      
floodproofing nor elevation of the new  
structure to the base flood elevation is
 practicable2 and  7,,ii7 that the      
structure is not located in-- 7aa7 a    
designated regulatory floodway2  7bb7 an
 area riverward of a levee or other     
flood control structure2 or  7cc7 an    
area subject to high velocity wave      
action or seaward of flood control      
structures4  7iii7 ,in the case of      
existing structures-- 7,i7 if such      

structure is substantially damaged or in
 need of substantial repairs or         
improvements1 such official has         
determined that neither floodproofing   
nor elevation to the base flood         
elevation is practicable2 and  7,,ii7 if
 such structure is located within a     
designated regulatory floodway1 such    
official has determined that the repair 
or improvement does not result in any   
increase in base flood levels during the
 base flood discharge4  7iv7 ,such      
official has determined that the        
variance will not result in increased   
flood heights1 additional threats to    
public safety1 extraordinary public     
expense1 create nuisances1 cause fraud  
on or victimization of the public1 or   
conflict with existing local laws or    
ordinances4  7v7 ,not more than one     
claim payment exceeding #a1jjj has been 
made for the structure under flood      
insurance coverage under this title     
within any period of #aj consecutive    
years at any time prior to the granting 

of the variance4  7,c7 ,definitions ,for
 purposes of this paragraph1 the        
following definitions shall apply3 7i7  
,agricultural structure ,the term       
agricultural structure has the meaning  
given such term in paragraph 7#b77;,d71 
except that such term includes not more 
than one single-family dwelling located 
on the same property as the agricultural
 operation at the date of enactment of  
this ,act1 but only if such dwelling is 
occupied by the owner or operator of the
 operation4  7ii7 ,floodproofing ,the   
term floodproofing means1 with respect  
to a structure1 any combination of      
structural and non-structural additions1
 changes1 or adjustments to the         
structure that reduce or eliminate      
potential flood damage to real estate or
 improved real property1 water and      
sanitary facilities1 structures1 or     
their contents4  4  #c4 ,premium rates  
,section #acjh of the ,national ,flood  
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djae7 is amended by adding at the end  

the following new subsection3  7n7      
,premium rates for certain agricultural 
structures with variances               
,notwithstanding any other provision of 
this ,act1 the chargeable premium rate  
for coverage under this title for any   
structure provided a variance pursuant  
to section #acae7;a77#c7 shall be the   
same as the rate that otherwise would   
apply to such structure if the structure
 had been dry floodproofed4  4  #d4     
,levee-impacted areas ,section #acfj of 
the ,national ,flood ,insurance ,act of 
#aifh 7#db ,u4,s4,c4 #daja7 is amended  
by adding at the end the following new  
subsection3  7k7 ,levee-,impacted areas 
7#a7 ,in general ,subject only to full  
implementation of subparagraphs         
7,a77iii7 and 7,b7 of section           
#ajjbaf7;b77#a7 of the ,biggert-,waters 
,flood ,insurance ,reform ,act of #bjab 
7#db ,u4,s4,c4 #daja;b7b77#a77 and      
notwithstanding any other provision of  
law1 if a community that applies to the 
,administrator for the remapping of a   

levee-impacted area in which the        
pertinent levee system fails to meet the
 national flood insurance program's     
minimum design1 operation1 and          
maintenance standards required for levee
 accreditation on a flood insurance rate
 map--  7,a7 the ,administrator shall   
establish flood risk zones for those    
areas on such maps to be known as ,,al  
zones2 and  7,b7 flood insurance shall  
be made available to properties located 
within such zones at actuarial rates    
based upon the risk associated with     
structures within the applicable ,,al   
zones4  7#b7 ,transition ,before the    
,administrator has developed actuarial  
rates for the various ,,al zones1       
covered structures within the portions  
of the community located within the     
levee-impacted area shall be eligible   
for rates associated with areas of      
moderate flood hazards4  4  #e4         
,multiple agricultural structure policy 
pilot program  7a7 ,authority ,the      
,administrator of the ,federal          

,emergency ,management ,agency 7in this 
section referred to as the              
,administrator7 shall carry out a pilot 
program under this section that provides
 for the sale of contracts for flood    
insurance coverage under the ,national  
,flood ,insurance ,act of #aifh that    
cover multiple non-residential          
agricultural structures1 as such term is
 defined in section #acae7;a77#b77;,d7  
of such ,act 7#db ,u4,s4,c4             
#djbb7;a77#b77;,d771 under a single     
flood insurance policy4  7b7            
,availability in regular program        
communities ,the ,administrator may     
provide coverage under the pilot program
 only for properties located in         
communities for which a flood insurance 
rate map is in effect and in which the  
full limits of coverage under the       
,national ,flood ,insurance ,act of     
#aifh are available4  7c7 ,limit of     
coverage ,coverage provided under the   
pilot program shall not exceed #ejj1jjj 
aggregate liability per policy for      

coverage of structures and #ejj1jjj     
aggregate liability per policy for      
coverage of contents4  7d7 ,applicable  
waiting periods ,coverage provided under
 the pilot program shall comply with    
subsection 7c7 of section #acjf of the  
,national ,flood ,insurance ,act of     
#aifh 7#db ,u4,s4,c4 #djac7;c774  7e7   
,substantial conformance with general   
policy form  7#a7 ,requirements         
,coverage provided under the pilot      
program shall be consistent with1 and as
 substantially identical as possible to1
 the terms1 conditions1 and exclusions  
found in the ,general ,property ,form of
 the ,standard ,flood ,insurance        
,policy1 as set forth in ,appendix      
,a7#b7 to ,part #fa of title #dd1 ,code 
of ,federal ,regulations4  7#b7         
,implementation ,notwithstanding any    
applicable rulemaking requirements1 to  
the extent necessary to implement the   
pilot program under this section1 the   
,administrator may issue endorsements to
 the ,general ,policy ,form of the      

,standard ,flood ,insurance ,policy1 as 
set forth in the ,appendix referred to  
in paragraph 7#a71 except that no such  
endorsement may be issued before the    
expiration of the #f-month period       
beginning upon publication of such      
endorsement in the ,federal ,register4  
7f7 ,exclusive use of direct servicing  
agent ,notwithstanding any other        
provision of law1 or arrangements       
entered into under section #acdj of the 
,national ,flood ,insurance ,act of     
#aifh 7#db ,u4,s4,c4 #djga71 the        
,administrator shall sell contracts for 
coverage under the pilot program under  
this section only through the facilities
 of the ,administrator's direct serving 
agent for the national flood insurance  
program4  7g7 ,limitation on reformation
 of existing policies ,the              
,administrator may not sell a contract  
for coverage under the pilot program    
under this section for a structure that 
covers any period during which the      
structure is covered under another      

contract for insurance coverage made    
available under the ,national ,flood    
,insurance ,act of #aifh4  7h7 ,rule of 
construction ,nothing in this section   
may be construed to limit or restrict   
the ,administrator's authority to       
provide1 by regulation1 for general     
terms and conditions of flood insurance 
for multiple structures under one flood 
insurance policy pursuant to sections   
#acje and #acjf of the ,national ,flood 
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djab1 #djac74  7i7 ,implementation ,the
 ,administrator may not sell any policy 
for flood insurance coverage under the  
pilot program under this section before 
the expiration of the #f-month period   
beginning upon publication in the       
,federal ,register of notice describing 
the pilot program and setting forth the 
general terms and conditions of         
endorsements to be sold under the       
program4  7j7 ,termination ,the pilot   
program under this section shall        
terminate upon1 and the ,administrator  

may not sell any policy for flood       
insurance coverage under the pilot      
program after1 the expiration of the    
#f-year period beginning upon the date  
of the enactment of this ,act4  7k7     
,report to ,congress ,not later than the
 expiration of the #e-year period       
beginning on the date of the enactment  
of this ,act1 the ,administrator shall  
submit a report to the ,congress        
describing and evaluating the pilot     
program under this section4