106 STAT. 3886 PUBLIC LAW 102-550—OCT. 28, 1992

(b) EQUAL TREATMENT IN BENEFIT PROGRAMS.—Tenants
described in subsection (a) shall be treated identically with other
households eligible for such assistance, including in the determina-
tion of the home energy costs for which they are individually respon-
sible and in the determination of their incomes.

(c) APPLICABILITY.—This section applies to programs under the
United States Housing Act of 1937, the National Housing Act,
section 101 of the Housing and Urban Development Act of 1965,
section 202 of the Housing Act of 1959, and title V of the Housing
Act of 1949.

SEC. 928. FLOOD CONTROL RESTORATION ZONE.

42 use 4014. Section 1307 of the National Flood Insurance Act of 1968 is

amended by adding at the end the following new subsection:

"(f) Notwithstanding any other provision of law, this subsection
shall only apply in a community which has been determined by
the Director of the Federal Emergency Management Agency to
be in the process of restoring flood protection afforded by a flood
protection system that had been previously accredited on a Flood
Insurance Rate Map as providing 100-year frequency flood protec-
tion but no longer does so. Except as provided in this subsection,
in such a community, flood insurance shall be made available
to those properties impacted by the disaccreditation of the flood
protection system at premium rates that do not exceed those which
would be applicable to any property located in an area of special
flood hazard, the construction of which was started prior to the
effective date of the initial Flood Insurance Rate Map published
by the Director for the community in which such property is located.
A revised Flood Insurance Rate Map shall be prepared for the
community to delineate as Zone An the areas of special flood
hazard that result from the disaccreditation of the flood protection
system. A community will be considered to be in the process of
restoration if—

"(1) the flood protection system has been deemed restorable
, by a Federal agency in consultation with the local project
sponsor;

"(2) a minimum level of flood protection is still provided
to the community by the disaccredited system; and

"(3) restoration of the flood protection system is scheduled
to occur within a designated time period and in accordance
with a progress plan negotiated between the community and
the Federal Emergency Management Agency.
Communities that the Director of the Federal Emergency Manage-
ment Agency determines to meet the criteria set forth in paragraphs
(1) and (2) as of January 1, 1992, shall not be subject to revised
Flood Insurance Rate Maps that contravene the intent of this
subsection. Such communities shall remain eligible for C zone rates
for properties located in zone AR for any policy written prior to
promulgation of final regulations for this section. Floodplain
management criteria for such communities shall not require the
elevation of improvements to existing structures and shall not
exceed 3 feet above existing grade for new construction, provided
the base flood elevation based on the disaccredited flood control
system does not exceed five feet above existing grade, or the remain-
ing new construction in such communities is limited to infill sites,
rehabilitation of existing structures, or redevelopment of previously
developed areas.