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The National Flood Insurance Program (NFIP) will expire at the end of the month. For anyone that has read the newspaper lately, this is a lousy time for the program to expire with two hurricanes bearing down on the Eastern seaboard, and Texas’ largest city recovering from a 100-year storm. But politically, it is a wonderful time for the program to expire. First, there are suddenly many members of Congress motivated to ensure it doesn’t expire. Secondly, the risk of flood, and the shortfalls of the program, are fresh in our minds as we consider changes that might be made to the program as part of the reauthorization. While what will happen is still akin to a drinking game with people placing bets, here’s what we currently know.

A “Members Only” meeting was held on the House side on Thursday. No, this does not refer to the jackets and clothing line so popular in the 80s. Rather, it is a meeting hosted for Members of Congress and their staff to discuss an issue and (in this case) brainstorm on solutions. Today’s meeting was hosted by Maxine Waters, the ranking Democrat on the House Financial Services Committee, the House Committee with oversight over the NFIP. While the meeting was hosted by the minority party, it was a bipartisan meeting and was attended by some Republicans from flood-prone states. From that meeting, here are some of the things we understand are being discussed:

  1. It seems highly likely that Congress will pass a three-month extension. This is designed to punt the issues to a time of year when Congress has a bit more time (Christmas?) and give Congress time to develop a plan.
  2. Interesting ideas are being thrown around about the NFIP debt. Should Congress forgive the NFIP’s more than $20 billion in debt? (Not likely by the conservative Republican Members.) Should the debt be moved out of the NFIP and into FEMA’s general ledger or to some other agency as a reflection of catastrophic disaster relief as opposed to normal payments under the NFIP?
  3. Perhaps the NFIP should be expanded to include other national disasters such as earthquake and wildfire and mudslides and certain professional sports franchises.
  4. What can be done now for the folks suffering in Houston and (potentially) Florida and the mid-Atlantic states through some modifications to the program?

While none of that is very detailed, we think we will see a three-month extension before the end of the month, and then the hard work can begin. Of course, we don’t yet know if anyone will show up for work that day.

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Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.