US (United States) Code. Title 42. Chapter 50: National flood insurance

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-CITE-

42 USC CHAPTER 50 - NATIONAL FLOOD INSURANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-MISC1-

Sec.

4001. Congressional findings and declaration of purpose.

(a) Necessity and reasons for flood insurance

program.

(b) Participation of Federal Government in flood

insurance program carried out by private

insurance industry.

(c) Unified national program for flood plain

management.

(d) Authorization of flood insurance program;

flexibility in program.

(e) Land use adjustments by State and local

governments; development of proposed future

construction; assistance of lending and credit

institutions; relation of Federal assistance

to all flood-related programs; continuing

studies.

(f) Mudslides.

4002. Additional Congressional findings and declaration of

purpose.

4003. Additional definitions.

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

4011. Authorization to establish and carry out program.

(a) Authorization and establishment.

(b) Additional coverage for compliance with land

use and control measures.

(c) Participation and risk sharing by insurers.

4012. Scope of program and priorities.

(a) Priority for insurance for certain residential

and church properties and business concerns.

(b) Availability of insurance for other properties.

(c) Availability of insurance in States or areas

evidencing positive interest in securing

insurance and assuring adoption of adequate

land use and control measures.

4012a. Flood insurance purchase and compliance requirements

and escrow accounts.

(a) Amount and term of coverage.

(b) Requirement for mortgage loans.

(c) Exceptions to purchase requirements.

(d) Escrow of flood insurance payments.

(e) Placement of flood insurance by lender.

(f) Civil monetary penalties for failure to require

flood insurance or notify.

(g) Other actions to remedy pattern of

noncompliance.

(h) Fee for determining location.

4013. Nature and limitation of insurance coverage.

(a) Regulations respecting general terms and

conditions of insurability.

(b) Regulations respecting amount of coverage.

(c) Effective date of policies.

4014. Estimates of premium rates.

(a) Studies and investigations.

(b) Utilization of services of other Departments

and agencies.

(c) Priority to studies and investigations in

States or areas evidencing positive interest

in securing insurance under program.

(d) Parishes of Louisiana; premium rates.

(e) Eligibility of community making adequate

progress on construction of flood protection

system for rates not exceeding those

applicable to completed flood protection

system; determination of adequate progress.

(f) Availability of flood insurance in communities

restoring disaccredited flood protection

systems; criteria; rates.

4015. Chargeable premium rates.

(a) Establishment; terms and conditions.

(b) Considerations for rates.

(c) Rate with respect to property the construction

or substantial improvement of which has been

started after December 31, 1974, or effective

date of initial rate map published for area in

which property is located, whichever is later.

(d) Payment of certain sums to Director; deposits

in Fund.

(e) Annual limitation on premium increases.

4016. Financing provisions; issuance of notes or other

obligations; limitation; report to Congressional

committees; deposits in Fund.

4017. National Flood Insurance Fund.

(a) Establishment; availability.

(b) Credits to Fund.

(c) Investment of moneys in obligations issued or

guaranteed by United States.

(d) Availability of Fund if operation of program is

carried out through facilities of Federal

Government.

(e) Annual budget.

(f) Availability of funds dependent on future

appropriations acts.

4018. Operating costs and allowances; definitions.

4019. Payment of claims.

4020. Dissemination of flood insurance information.

4021. Repealed.

4022. State and local land use controls.

(a) Requirement for participation in flood

insurance program.

(b) Community rating system and incentives for

community floodplain management.

4023. Properties in violation of State and local law.

4024. Coordination with other programs.

4025. Flood insurance advisory committee.

(a) Appointment; duties.

(b) Membership.

(c) Compensation and travel expenses.

4026. Expiration of program.

4027. Biennial report to President.

(a) In general.

(b) Effects of flood insurance program.

4028. John H. Chafee Coastal Barrier Resources System.

4029. Colorado River Floodway.

(a) Renewal and transfer of policies; acquisition

of policies after filing of maps.

(b) New coverage for new construction or

substantial improvements.

(c) Establishment of temporary boundaries.

(d) Loans by federally supervised, approved,

regulated, or insured financial institutions.

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

4041. Implementation of program.

PART A - INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE

4051. Industry flood insurance pool; requirements for

participation.

4052. Agreements with flood insurance pool.

(a) Authorization.

(b) Terms and conditions.

(c) Additional provisions.

4053. Adjustment and payment of claims; judicial review;

limitations; jurisdiction.

4054. Premium equalization payments; basis; aggregate

amount; establishment of designated periods.

4055. Reinsurance coverage.

(a) Availability for excess losses.

(b) Availability pursuant to contract, agreement,

or other arrangement; payment of premium, fee,

or other charge.

(c) Excess loss agreement; negotiation.

(d) Submission of excess losses on portfolio basis.

4056. Emergency implementation of flood insurance program;

applicability of other provisions of law.

PART B - GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE

4071. Federal operation of program; determination by

Director; fiscal agents; report to Congress.

4072. Adjustment and payment of claims; judicial review;

limitations; jurisdiction.

PART C - GENERAL PROVISIONS

4081. Services by insurance industry; contracts, agreements,

or other arrangements.

4082. Use of insurance pool, companies, or other private

organizations for certain payments.

(a) Authorization to enter into contracts for

certain responsibilities.

(b) Terms and conditions of contract.

(c) Competitive bidding.

(d) Findings of Director.

(e) Bond; liability of certifying officers and

disbursing officers.

(f) Term of contract; renewals; termination.

4083. Settlement of claims; arbitration.

4084. Records and audits.

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

4101. Identification of flood-prone areas.

(a) Publication of information; establishment of

flood-risk zones; estimates of flood-caused

loss.

(b) Accelerated identification of flood-risk zones;

authority of Director: grants, technical

assistance, transactions, and payments.

(c) Priority in allocation of manpower and other

available resources for identification and

mapping of flood hazard areas and flood-risk

zones.

(d) Plan for bringing communities with flood-risk

zones into full program status.

(e) Review of flood maps.

(f) Updating flood maps.

(g) Availability of flood maps.

(h) Notification of flood map changes.

(i) Compendia of flood map changes.

(j) Provision of information.

4102. Criteria for land management and use.

(a) Studies and investigations.

(b) Extent of studies and investigations.

(c) Development of comprehensive criteria designed

to encourage adoption of adequate State and

local measures.

4103. Repealed.

4104. Flood elevation determinations.

(a) Publication or notification of proposed flood

elevation determinations.

(b) Publication of flood elevation determinations;

appeal of owner or lessee to local government;

scientific or technical knowledge or

information as basis for appeal; modification

of proposed determinations.

(c) Appeals by private persons; submission of

negativing or contradicting data to community;

opinion of community respecting justification

for appeal by community; transmission of

individual appeals to Director; filing of

community action with Director.

(d) Administrative review of appeals by private

persons; modification of proposed

determinations; decision of Director: form and

distribution.

(e) Administrative review of appeals by community;

agencies for resolution of conflicting data;

availability of flood insurance pending such

resolution; time for determination of

Director; community adoption of local land use

and control measures within reasonable time of

final determination; public inspection and

admissibility in evidence of reports and other

administrative information.

(f) Reimbursement of certain expenses;

appropriation authorization.

(g) Judicial review of final administrative

determinations; venue; time for appeal; scope

of review; good cause for stay of final

determinations.

4104a. Notice requirements.

(a) Notification of special flood hazards.

(b) Notification of change of servicer.

(c) Notification of expiration of insurance.

4104b. Standard hazard determination forms.

(a) Development.

(b) Design and contents.

(c) Required use.

(d) Guarantees regarding information.

(e) Reliance on previous determination.

(f) Effective date.

4104c. Mitigation assistance.

(a) Authority.

(b) Planning assistance grants.

(c) Eligibility for mitigation assistance.

(d) Notification of approval and grant award.

(e) Eligible mitigation activities.

(f) Limitations on amount of assistance.

(g) Matching requirement.

(h) Oversight of mitigation plans.

(i) Recapture.

(j) Reports.

(k) "Community" defined.

4104d. National Flood Mitigation Fund.

(a) Establishment and availability.

(b) Credits.

(c) Investment.

(d) Report.

4105. Disaster mitigation requirements; notification to

flood-prone areas.

(a) Initial notification.

(b) Alternative actions of tentatively identified

communities; public hearing; opportunity for

submission of evidence; finality of

administrative determination of existence or

extent of flood hazard area.

(c) Subsequent notification to additional

communities known to be flood prone areas.

(d) Provisions of section 4106 applicable to

flood-prone communities disqualified for flood

insurance program.

(e) Administrative procedures; establishment;

reimbursement of certain expenses;

appropriation authorization.

4106. Nonparticipation in flood insurance program.

(a) Prohibition against Federal approval of

financial assistance.

(b) Notification of purchaser or lessee of property

in flood hazard area of availability of

Federal disaster relief assistance in event of

a flood disaster.

4107. Consultation with local officials; scope.

SUBCHAPTER IV - GENERAL PROVISIONS

4121. Definitions.

4122. Studies of other natural disasters; cooperation and

consultation with other departments and agencies.

4123. Advance payments.

4124. Applicability of fiscal controls.

4125. Finality of certain financial transactions.

4126. Administrative expenses.

4127. Authorization of appropriations; availability.

4128. Rules and regulations.

4129. Federal Insurance Administrator; establishment of

position.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 4012a, 4107, 5172 of this

title; title 16 section 3505; title 33 section 2318; title 43

section 1600k.

-End-

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42 USC Sec. 4001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

Sec. 4001. Congressional findings and declaration of purpose

-STATUTE-

(a) Necessity and reasons for flood insurance program

The Congress finds that (1) from time to time flood disasters

have created personal hardships and economic distress which have

required unforeseen disaster relief measures and have placed an

increasing burden on the Nation's resources; (2) despite the

installation of preventive and protective works and the adoption of

other public programs designed to reduce losses caused by flood

damage, these methods have not been sufficient to protect

adequately against growing exposure to future flood losses; (3) as

a matter of national policy, a reasonable method of sharing the

risk of flood losses is through a program of flood insurance which

can complement and encourage preventive and protective measures;

and (4) if such a program is initiated and carried out gradually,

it can be expanded as knowledge is gained and experience is

appraised, thus eventually making flood insurance coverage

available on reasonable terms and conditions to persons who have

need for such protection.

(b) Participation of Federal Government in flood insurance program

carried out by private insurance industry

The Congress also finds that (1) many factors have made it

uneconomic for the private insurance industry alone to make flood

insurance available to those in need of such protection on

reasonable terms and conditions; but (2) a program of flood

insurance with large-scale participation of the Federal Government

and carried out to the maximum extent practicable by the private

insurance industry is feasible and can be initiated.

(c) Unified national program for flood plain management

The Congress further finds that (1) a program of flood insurance

can promote the public interest by providing appropriate protection

against the perils of flood losses and encouraging sound land use

by minimizing exposure of property to flood losses; and (2) the

objectives of a flood insurance program should be integrally

related to a unified national program for flood plain management

and, to this end, it is the sense of Congress that within two years

following the effective date of this chapter the President should

transmit to the Congress for its consideration any further

proposals necessary for such a unified program, including proposals

for the allocation of costs among beneficiaries of flood

protection.

(d) Authorization of flood insurance program; flexibility in

program

It is therefore the purpose of this chapter to (1) authorize a

flood insurance program by means of which flood insurance, over a

period of time, can be made available on a nationwide basis through

the cooperative efforts of the Federal Government and the private

insurance industry, and (2) provide flexibility in the program so

that such flood insurance may be based on workable methods of

pooling risks, minimizing costs, and distributing burdens equitably

among those who will be protected by flood insurance and the

general public.

(e) Land use adjustments by State and local governments;

development of proposed future construction; assistance of

lending and credit institutions; relation of Federal assistance

to all flood-related programs; continuing studies

It is the further purpose of this chapter to (1) encourage State

and local governments to make appropriate land use adjustments to

constrict the development of land which is exposed to flood damage

and minimize damage caused by flood losses, (2) guide the

development of proposed future construction, where practicable,

away from locations which are threatened by flood hazards, (3)

encourage lending and credit institutions, as a matter of national

policy, to assist in furthering the objectives of the flood

insurance program, (4) assure that any Federal assistance provided

under the program will be related closely to all flood-related

programs and activities of the Federal Government, and (5)

authorize continuing studies of flood hazards in order to provide

for a constant reappraisal of the flood insurance program and its

effect on land use requirements.

(f) Mudslides

The Congress also finds that (1) the damage and loss which

results from mudslides is related in cause and similar in effect to

that which results directly from storms, deluges, overflowing

waters, and other forms of flooding, and (2) the problems involved

in providing protection against this damage and loss, and the

possibilities for making such protection available through a

Federal or federally sponsored program, are similar to those which

exist in connection with efforts to provide protection against

damage and loss caused by such other forms of flooding. It is

therefore the further purpose of this chapter to make available, by

means of the methods, procedures, and instrumentalities which are

otherwise established or available under this chapter for purposes

of the flood insurance program, protection against damage and loss

resulting from mudslides that are caused by accumulations of water

on or under the ground.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1302, Aug. 1, 1968, 82 Stat. 572;

Pub. L. 91-152, title IV, Sec. 409(a), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 93-234, title I, Sec. 108(a), Dec. 31, 1973, 87 Stat. 979;

Pub. L. 103-325, title V, Sec. 552(d), Sept. 23, 1994, 108 Stat.

2269.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (d) to (f), is title XIII

of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as

the National Flood Insurance Act of 1968, which enacted this

chapter, amended section 2414 of this title, repealed sections 2401

to 2413 and 2415 to 2421 of this title, and enacted provisions set

out as a note below. For complete classification of this Act to the

Code, see Short Title note set out below and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (g). Pub. L. 103-325 struck out subsec. (g) which

read as follows: "The Congress also finds that (1) the damage and

loss which may result from the erosion and undermining of

shorelines by waves or currents in lakes and other bodies of water

exceeding anticipated cyclical levels is related in cause and

similar in effect to that which results directly from storms,

deluges, overflowing waters, and other forms of flooding, and (2)

the problems involved in providing protection against this damage

and loss, and the possibilities for making such protection

available through a Federal or federally sponsored program, are

similar to those which exist in connection with efforts to provide

protection against damage and loss caused by such other forms of

flooding. It is therefore the further purpose of this chapter to

make available, by means of the methods, procedures, and

instrumentalities which are otherwise established or available

under this chapter for purposes of the flood insurance program,

protection against damage and loss resulting from the erosion and

undermining of shorelines by waves or currents in lakes and other

bodies of water exceeding anticipated cyclical levels."

1973 - Subsec. (g). Pub. L. 93-234 added subsec. (g).

1969 - Subsec. (f). Pub. L. 91-152 added subsec. (f).

EFFECTIVE DATE

Section 1377 of title XIII of Pub. L. 90-448 provided that: "This

title [enacting this chapter, amending section 2414 of this title,

repealing sections 2401 to 2413 and 2415 to 2421 of this title, and

enacting provisions set out as notes under this section] shall take

effect one hundred and twenty days following the date of its

enactment [Aug. 1, 1968], except that the Secretary, on the basis

of a finding that conditions exist necessitating the prescribing of

an additional period, may prescribe a later effective date which in

no event shall be more than one hundred and eighty days following

such date of enactment."

SHORT TITLE OF 1994 AMENDMENT

Section 501 of title V of Pub. L. 103-325 provided that: "This

title [enacting sections 4104b to 4104d and 5154a of this title,

amending this section, sections 4003, 4011, 4012a, 4013, 4015,

4017, 4022, 4026, 4027, 4029, 4056, 4081, 4101, 4104a, 4106, 4121,

and 5154 of this title, and sections 1784, 1820, 3305, and 4521 of

Title 12, Banks and Banking, repealing section 4103 of this title,

enacting provisions set out as notes under this section and

sections 4011, 4013, 4014, 4101 to 4103, and 4104c of this title,

and repealing provisions set out as a note under section 4015 of

this title] may be cited as the 'National Flood Insurance Reform

Act of 1994'."

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93-234, Sec. 1, Dec. 31, 1973, 87 Stat. 975, provided:

"That this Act [enacting sections 4002, 4003, 4012a, 4104, 4105 to

4107, and 4128 of this title, amending this section, sections 4013

to 4016, 4026, 4054, 4056, 4101, and 4121 of this title, and

sections 24 and 1709-1 of Title 12, Banks and Banking, and

repealing section 4021 of this title] may be cited as the 'Flood

Disaster Protection Act of 1973'."

SHORT TITLE

Section 1301 of title XIII of Pub. L. 90-448 provided that: "This

title [enacting this chapter, amending section 2414 of this title,

repealing sections 2401 to 2413 and 2415 to 2421 of this title, and

enacting provisions set out as a note under this section] may be

cited as the 'National Flood Insurance Act of 1968'."

REGULATIONS

Section 583 of title V of Pub. L. 103-325 provided that: "The

Director of the Federal Emergency Management Agency and any

appropriate Federal agency may each issue any regulations necessary

to carry out the applicable provisions of this title [see Short

Title of 1994 Amendment note above] and the applicable amendments

made by this title."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

EVALUATION OF EROSION HAZARDS

Section 577(a)-(g) of Pub. L. 103-325 provided that:

"(a) Report Requirement. - The Director of the Federal Emergency

Management Agency (in this section referred to as the 'Director')

shall submit a report under this section to the Congress that -

"(1) lists all communities that are likely to be identified as

having erosion hazard areas;

"(2) estimates the amount of flood insurance claims under the

national flood insurance program that are attributable to

erosion;

"(3) states the amount of flood insurance claims under such

program that are attributable to claims under section 1306(c) of

the National Flood Insurance Act of 1968 [42 U.S.C. 4013(c)];

"(4) assesses the full economic impact of erosion on the

National Flood Insurance Fund; and

"(5) determines the costs and benefits of expenditures

necessary from the National Flood Insurance Fund to complete

mapping of erosion hazard areas.

"(b) Estimate of Flood Claims. - In developing the estimate under

subsection (a)(2) -

"(1) the Director may map a statistically valid and

representative number of communities with erosion hazard areas

throughout the United States, including coastal, Great Lakes,

and, if technologically feasible, riverine areas; and

"(2) the Director shall take into consideration the efforts of

State and local governments to assess, measure, and reduce

erosion hazards.

"(c) Economic Impact. -

"(1) In general. - The assessment under subsection (a)(4) shall

assess the economic impact of -

"(A) erosion on communities listed pursuant to subsection

(a)(1);

"(B) the denial of flood insurance for all structures in

communities listed pursuant to subsection (a)(1);

"(C) the denial of flood insurance for structures that are

newly constructed in whole in communities listed pursuant to

subsection (a)(1);

"(D) the establishment of (i) actuarial rates for existing

structures in communities listed pursuant to subsection (a)(1),

and (ii) actuarial rates for such structures in connection with

the denial of flood insurance as described in subparagraph (C);

"(E) the establishment of actuarial rates for structures

newly constructed in whole in erosion hazard areas in

communities listed pursuant to subsection (a)(1);

"(F) the denial of flood insurance pursuant to existing

requirements for coverage under the national flood insurance

program;

"(G) erosion hazard assessment, measurement, and management

activities undertaken by State and local governments, including

building restrictions, beach nourishment, construction of sea

walls and levees, and other activities that reduce the risk of

damage due to erosion; and

"(H) the mapping and identifying of communities (or

subdivisions thereof) having erosion hazard areas.

"(2) Scope. - In assessing the economic impact of the

activities under subparagraphs (A) through (H) of paragraph (1),

the assessment under subsection (a)(4) shall address such impact

on all significant economic factors, including the impact on -

"(A) the value of residential and commercial properties in

communities with erosion hazards;

"(B) community tax revenues due to potential changes in

property values or commercial activity;

"(C) employment, including the potential loss or gain of

existing and new jobs in the community;

"(D) existing businesses and future economic development;

"(E) the estimated cost of Federal and State disaster

assistance to flood victims; and

"(F) the mapping and identifying of communities (or

subdivisions thereof) having erosion hazard areas.

"(3) Preparation. - The assessment required under subsection

(a)(4) shall be conducted by a private independent entity

selected by the Director. The private entity shall consult with a

statistically valid and representative number of communities

listed pursuant to subsection (a)(1) in conducting the

assessment.

"(d) Costs and Benefits of Mapping. - The determination under

subsection (a)(5) shall -

"(1) determine the costs and benefits of mapping erosion hazard

areas, based upon the Director's estimate of the actual and

prospective amount of flood insurance claims attributable to

erosion;

"(2) if the Director determines that the savings to the

National Flood Insurance Fund will exceed the cost of mapping

erosion hazard areas, further assess whether using flood

insurance premiums for costs of mapping erosion hazard areas is

cost-beneficial compared to alternative uses of such amounts,

including -

"(A) funding the mitigation assistance program under section

1366 of the National Flood Insurance Act of 1968 [42 U.S.C.

4104c] (as added by section 553 of this Act);

"(B) funding the program under section 1304(b) of the

National Flood Insurance Act of 1968 [42 U.S.C. 4011(b)] (as

added by section 555(a) of this Act) that provides additional

coverage under the national flood insurance program for

compliance with land use and control measures; and

"(C) reviewing, revising, and updating flood insurance rate

maps under subsections (e) and (f) of section 1360 of the

National Flood Insurance Act of 1968 [42 U.S.C. 4101(e), (f)]

(as added by the amendment made by section 575 of this Act);

"(3) if the Director determines under subsection (b)(1) that

mapping of riverine areas for erosion hazard areas is

technologically feasible, determine the costs and benefits of

conducting the mapping of erosion hazards in riverine areas (A)

separately from the mapping of other erosion hazard areas, and

(B) together with the mapping of other such areas;

"(4) if the Director determines that the savings to the

National Flood Insurance Fund will exceed the cost of mapping

erosion hazard areas in riverine areas, assess whether using

flood insurance premiums for costs of mapping erosion hazard

areas in riverine areas is cost-beneficial compared to

alternative uses of such amounts, including the uses under

subparagraphs (A) through (C) of paragraph (2); and

"(5) determine the costs and benefits of mapping erosion, other

than those directly related to the financial condition of the

National Flood Insurance Program, and the costs of not mapping

erosion.

"(e) Definition. - For purposes of this section, the term

'erosion hazard area' means, based on erosion rate information and

other historical data available, an area where erosion or avulsion

is likely to result in damage to or loss of buildings and

infrastructure within a 60-year period.

"(f) Consultation. - In preparing the report under this section,

the Director shall consult with -

"(1) representatives from State coastal zone management

programs approved under section 306 of the Coastal Zone

Management Act of 1972 [16 U.S.C. 1455];

"(2) the Administrator of the National Oceanic and Atmospheric

Administration; and

"(3) any other persons, officials, or entities that the

Director considers appropriate.

"(g) Submission. - The Director shall submit the report to the

Congress as soon as practicable, but not later than 2 years after

the date of enactment of this Act [Sept. 23, 1994]."

RELATION OF TITLE V OF PUB. L. 103-325 TO STATE AND LOCAL LAWS

Section 584 of title V of Pub. L. 103-325 provided that: "This

title [see Short Title of 1994 Amendment note above] and the

amendments made by this title may not be construed to preempt,

annul, alter, amend, or exempt any person from compliance with any

law, ordinance, or regulation of any State or local government with

respect to land use, management, or control."

FLOODPLAIN MANAGEMENT

For provisions relating to the reduction of the risk of flood

loss, the minimization of the impact of floods on human safety,

health and welfare, and the management of floodplains, see Ex. Ord.

No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under

section 4321 of this title.

-End-

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42 USC Sec. 4002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

Sec. 4002. Additional Congressional findings and declaration of

purpose

-STATUTE-

(a) The Congress finds that -

(1) annual losses throughout the Nation from floods and

mudslides are increasing at an alarming rate, largely as a result

of the accelerating development of, and concentration of

population in, areas of flood and mudslide hazards;

(2) the availability of Federal loans, grants, guaranties,

insurance, and other forms of financial assistance are often

determining factors in the utilization of land and the location

and construction of public and of private industrial, commercial,

and residential facilities;

(3) property acquired or constructed with grants or other

Federal assistance may be exposed to risk of loss through floods,

thus frustrating the purpose for which such assistance was

extended;

(4) Federal instrumentalities insure or otherwise provide

financial protection to banking and credit institutions whose

assets include a substantial number of mortgage loans and other

indebtedness secured by property exposed to loss and damage from

floods and mudslides;

(5) the Nation cannot afford the tragic losses of life caused

annually by flood occurrences, nor the increasing losses of

property suffered by flood victims, most of whom are still

inadequately compensated despite the provision of costly disaster

relief benefits; and

(6) it is in the public interest for persons already living in

flood-prone areas to have both an opportunity to purchase flood

insurance and access to more adequate limits of coverage, so that

they will be indemnified, for their losses in the event of future

flood disasters.

(b) The purpose of this Act, therefore, is to -

(1) substantially increase the limits of coverage authorized

under the national flood insurance program;

(2) provide for the expeditious identification of, and the

dissemination of information concerning, flood-prone areas;

(3) require States or local communities, as a condition of

future Federal financial assistance, to participate in the flood

insurance program and to adopt adequate flood plan ordinances

with effective enforcement provisions consistent with Federal

standards to reduce or avoid future flood losses; and

(4) require the purchase of flood insurance by property owners

who are being assisted by Federal programs or by federally

supervised, regulated, or insured agencies or institutions in the

acquisition or improvement of land or facilities located or to be

located in identified areas having special flood hazards.

-SOURCE-

(Pub. L. 93-234, Sec. 2, Dec. 31, 1973, 87 Stat. 975.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), means Pub. L. 93-234, Dec.

31, 1973, 87 Stat. 975, as amended, known as the Flood Disaster

Protection Act of 1973. For complete classification of this Act to

the Code, see Short Title of 1973 Amendment note set out under

section 4001 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 4003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

Sec. 4003. Additional definitions

-STATUTE-

(a) As used in this Act, unless the context otherwise requires,

the term -

(1) "community" means a State or a political subdivision

thereof which has zoning and building code jurisdiction over a

particular area having special flood hazards;

(2) "Federal agency" means any department, agency, corporation,

or other entity or instrumentality of the executive branch of the

Federal Government, and includes the Federal National Mortgage

Association and the Federal Home Loan Mortgage Corporation;

(3) "financial assistance" means any form of loan, grant,

guaranty, insurance, payment, rebate, subsidy, disaster

assistance loan or grant, or any other form of direct or indirect

Federal assistance, other than general or special revenue sharing

or formula grants made to States;

(4) "financial assistance for acquisition or construction

purposes" means any form of financial assistance which is

intended in whole or in part for the acquisition, construction,

reconstruction, repair, or improvement of any publicly or

privately owned building or mobile home, and for any machinery,

equipment, fixtures, and furnishings contained or to be contained

therein, and shall include the purchase or subsidization of

mortgages or mortgage loans but shall exclude assistance pursuant

to the Disaster Relief and Emergency Assistance Act [42 U.S.C.

5121 et seq.] (other than assistance under such Act in connection

with a flood);

(5) "Federal entity for lending regulation" means the Board of

Governors of the Federal Reserve System, the Federal Deposit

Insurance Corporation, the Comptroller of the Currency, the

Office of Thrift Supervision, the National Credit Union

Administration, and the Farm Credit Administration, and with

respect to a particular regulated lending institution means the

entity primarily responsible for the supervision of the

institution;

(6) "Director" means the Director of the Federal Emergency

Management Agency;

(7) "Federal agency lender" means a Federal agency that makes

direct loans secured by improved real estate or a mobile home, to

the extent such agency acts in such capacity;

(8) the term "improved real estate" means real estate upon

which a building is located;

(9) "lender" means a regulated lending institution or Federal

agency lender;

(10) "regulated lending institution" means any bank, savings

and loan association, credit union, farm credit bank, Federal

land bank association, production credit association, or similar

institution subject to the supervision of a Federal entity for

lending regulation; and

(11) "servicer" means the person responsible for receiving any

scheduled periodic payments from a borrower pursuant to the terms

of a loan, including amounts for taxes, insurance premiums, and

other charges with respect to the property securing the loan, and

making the payments of principal and interest and such other

payments with respect to the amounts received from the borrower

as may be required pursuant to the terms of the loan.

(b) The Director is authorized to define or redefine, by rules

and regulations, any scientific or technical term used in this Act,

insofar as such definition is not inconsistent with the purposes of

this Act.

-SOURCE-

(Pub. L. 93-234, Sec. 3, Dec. 31, 1973, 87 Stat. 976; Pub. L.

95-128, title VII, Sec. 703(b), Oct. 12, 1977, 91 Stat. 1145; Pub.

L. 98-181, title IV, Sec. 451(e), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 100-707, title I, Sec. 109(t), Nov. 23, 1988, 102 Stat.

4710; Pub. L. 103-325, title V, Sec. 511(a), Sept. 23, 1994, 108

Stat. 2255.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 93-234, Dec. 31,

1973, 87 Stat. 975, as amended, known as the Flood Disaster

Protection Act of 1973. For complete classification of this Act to

the Code, see Short Title of 1973 Amendment note set out under

section 4001 of this title and Tables.

The Disaster Relief and Emergency Assistance Act, referred to in

subsec. (a)(4), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as

amended, known as the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5121 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(5). Pub. L. 103-325, Sec. 511(a)(1), added

par. (5) and struck out former par. (5) which read as follows: "

'Federal instrumentality responsible for the supervision, approval,

regulation, or insuring of banks, savings and loan associations, or

similar institutions' means the Board of Governors of the Federal

Reserve System, the Federal Deposit Insurance Corporation, the

Comptroller of the Currency, the Federal Home Loan Bank Board, the

Federal Savings and Loan Insurance Corporation, and the National

Credit Union Administration; and".

Subsec. (a)(7) to (11). Pub. L. 103-325, Sec. 511(a)(2), (3),

added pars. (7) to (11).

1988 - Subsec. (a)(4). Pub. L. 100-707 substituted "Disaster

Relief and Emergency Assistance Act" for "Disaster Relief Act of

1974".

1983 - Subsec. (a)(6). Pub. L. 98-181, Sec. 451(e)(2),

substituted definition of "Director" meaning the Director of the

Federal Emergency Management Agency for definition of "Secretary"

meaning the Secretary of Housing and Urban Development.

Subsec. (b). Pub. L. 98-181, Sec. 451(e)(1), substituted

"Director" for "Secretary".

1977 - Subsec. (a)(4). Pub. L. 95-128 substituted "assistance

pursuant to the Disaster Relief Act of 1974 (other than assistance

under such Act in connection with a flood)" for "assistance for

emergency work essential for the protection and preservation of

life and property performed pursuant to the Disaster Relief Act of

1970 or any subsequent Act of Congress which supersedes or modifies

the Disaster Relief Act of 1970".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4041, 4051, 4056, 4071

of this title.

-End-

-CITE-

42 USC Sec. 4011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4011. Authorization to establish and carry out program

-STATUTE-

(a) Authorization and establishment

To carry out the purposes of this chapter, the Director of the

Federal Emergency Management Agency is authorized to establish and

carry out a national flood insurance program which will enable

interested persons to purchase insurance against loss resulting

from physical damage to or loss of real property or personal

property related thereto arising from any flood occurring in the

United States.

(b) Additional coverage for compliance with land use and control

measures

The national flood insurance program established pursuant to

subsection (a) of this section shall enable the purchase of

insurance to cover the cost of compliance with land use and control

measures established under section 4102 of this title for -

(1) properties that are repetitive loss structures;

(2) properties that have flood damage in which the cost of

repairs equals or exceeds 50 percent of the value of the

structure at the time of the flood event; and

(3) properties that have sustained flood damage on multiple

occasions, if the Director determines that it is cost-effective

and in the best interests of the National Flood Insurance Fund to

require compliance with the land use and control measures.

The Director shall impose a surcharge on each insured of not more

than $75 per policy to provide cost of compliance coverage in

accordance with the provisions of this subsection.

(c) Participation and risk sharing by insurers

In carrying out the flood insurance program the Director shall,

to the maximum extent practicable, encourage and arrange for -

(1) appropriate financial participation and risk sharing in the

program by insurance companies and other insurers, and

(2) other appropriate participation, on other than a

risk-sharing basis, by insurance companies and other insurers,

insurance agents and brokers, and insurance adjustment

organizations,

in accordance with the provisions of subchapter II of this chapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1304, Aug. 1, 1968, 82 Stat. 574;

Pub. L. 98-181, title IV, Sec. 451(d)(1), (2), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 103-325, title V, Sec. 555(a), Sept. 23, 1994,

108 Stat. 2274.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), is title XIII of Pub.

L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the

National Flood Insurance Act of 1968, which enacted this chapter,

amended section 2414 of this title, repealed sections 2401 to 2413

and 2415 to 2421 of this title, and enacted provisions set out as a

note under section 4001 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4001 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsecs. (b), (c). Pub. L. 103-325 added subsec. (b) and

redesignated former subsec. (b) as (c).

1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(2), substituted

"Director of the Federal Emergency Management Agency" for

"Secretary of Housing and Urban Development".

Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 555(b) of Pub. L. 103-325 provided that: "The provisions

of subsection (a) [amending this section] shall apply only to

properties that sustain flood-related damage after the date of

enactment of this Act [Sept. 23, 1994]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

FLOOD INSURANCE INTERAGENCY TASK FORCE

Section 561 of Pub. L. 103-325 provided that:

"(a) Establishment. - There is hereby established an interagency

task force to be known as the Flood Insurance Task Force (in this

section referred to as the 'Task Force').

"(b) Membership. -

"(1) In general. - The Task Force shall be composed of 10

members, who shall be the designees of -

"(A) the Federal Insurance Administrator;

"(B) the Federal Housing Commissioner;

"(C) the Secretary of Veterans Affairs;

"(D) the Administrator of the Farmers Home Administration;

"(E) the Administrator of the Small Business Administration;

"(F) the Chairman of the Board of Directors of the Farm

Credit Administration;

"(G) a designee of the Financial Institutions Examination

Council;

"(H) the Director of the Office of Federal Housing Enterprise

Oversight;

"(I) the chairman of the Board of Directors of the Federal

Home Loan Mortgage Corporation; and

"(J) the chairman of the Board of Directors of the Federal

National Mortgage Association.

"(2) Qualifications. - Members of the Task Force shall be

designated for membership on the Task Force by reason of

demonstrated knowledge and competence regarding the national

flood insurance program.

"(c) Duties. - The Task Force shall carry out the following

duties:

"(1) Recommendations of standardized enforcement procedures. -

Make recommendations to the head of each Federal agency and

enterprise referred to under subsection (b)(1) regarding

establishment or adoption of standardized enforcement procedures

among such agencies and corporations responsible for enforcing

compliance with the requirements under the national flood

insurance program to ensure fullest possible compliance with such

requirements.

"(2) Study of compliance assistance. - Conduct a study of the

extent to which Federal agencies and the secondary mortgage

market can provide assistance in ensuring compliance with the

requirements under the national flood insurance program and

submit to the Congress a report describing the study and any

conclusions.

"(3) Study of compliance model. - Conduct a study of the extent

to which existing programs of Federal agencies and corporations

for compliance with the requirements under the national flood

insurance program can serve as a model for other Federal agencies

responsible for enforcing compliance, and submit to the Congress

a report describing the study and any conclusions.

"(4) Recommendations for enforcement and compliance procedures.

- Develop recommendations regarding enforcement and compliance

procedures, based on the studies and findings of the Task Force,

and publish such recommendations.

"(5) Study of determination fees. - Conduct a study of -

"(A) the reasonableness of fees charged pursuant to 102(h) of

the Flood Disaster Protection Act of 1973 [42 U.S.C. 4012a(h)]

for costs of determining whether the property securing a loan

is located in an area having special flood hazards; and

"(B) whether the fees charged pursuant to such section by

lenders and servicers are greater than the amounts paid by such

lenders and servicers to persons actually conducting such

determinations and the extent to which the fees exceed such

amounts.

"(d) Noncompensation. - Members of the Task Force shall receive

no additional pay by reason of their service on the Task Force.

"(e) Chairperson. - The members of the Task Force shall elect one

member as chairperson of the Task Force.

"(f) Meetings and Action. - The Task Force shall meet at the call

of the chairman or a majority of the members of the Task Force and

may take action by a vote of the majority of the members. The

Federal Insurance Administrator shall coordinate and call the

initial meeting of the Task Force.

"(g) Officers. - The chairperson of the Task Force may appoint

any officers to carry out the duties of the Task Force under

subsection (c).

"(h) Staff of Federal Agencies. - Upon request of the chairperson

of the Task Force, the head of any of the Federal agencies and

entities referred to under subsection (b)(1) may detail, on a

nonreimbursable basis, any of the personnel of such agency to the

Task Force to assist the Task Force in carrying out its duties

under this section.

"(i) Powers. - In carrying out this section, the Task Force may

hold hearings, sit and act at times and places, take testimony,

receive evidence and assistance, provide information, and conduct

research as the Task Force considers appropriate.

"(j) Termination. - The Task Force shall terminate upon the

expiration of the 24-month period beginning upon the designation of

the last member to be designated under subsection (b)(1)."

-End-

-CITE-

42 USC Sec. 4012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4012. Scope of program and priorities

-STATUTE-

(a) Priority for insurance for certain residential and church

properties and business concerns

In carrying out the flood insurance program the Director shall

afford a priority to making flood insurance available to cover

residential properties which are designed for the occupancy of from

one to four families, church properties, and business properties

which are owned or leased and operated by small business concerns.

(b) Availability of insurance for other properties

If on the basis of -

(1) studies and investigations undertaken and carried out and

information received or exchanged under section 4014 of this

title, and

(2) such other information as may be necessary,

the Director determines that it would be feasible to extend the

flood insurance program to cover other properties, he may take such

action under this chapter as from time to time may be necessary in

order to make flood insurance available to cover, on such basis as

may be feasible, any types and classes of -

(A) other residential properties,

(B) other business properties,

(C) agricultural properties,

(D) properties occupied by private nonprofit organizations, and

(E) properties owned by State and local governments and

agencies thereof,

and any such extensions of the program to any types and classes of

these properties shall from time to time be prescribed in

regulations.

(c) Availability of insurance in States or areas evidencing

positive interest in securing insurance and assuring adoption of

adequate land use and control measures

The Director shall make flood insurance available in only those

States or areas (or subdivisions thereof) which he has determined

have -

(1) evidenced a positive interest in securing flood insurance

coverage under the flood insurance program, and

(2) given satisfactory assurance that by December 31, 1971,

adequate land use and control measures will have been adopted for

the State or area (or subdivision) which are consistent with the

comprehensive criteria for land management and use developed

under section 4102 of this title, and that the application and

enforcement of such measures will commence as soon as technical

information on floodways and on controlling flood elevations is

available.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1305, Aug. 1, 1968, 82 Stat. 574;

Pub. L. 91-152, title IV, Sec. 410(a), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 92-213, Sec. 2(c)(1), Dec. 22, 1971, 85 Stat. 775; Pub. L.

98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

1971 - Subsec. (a). Pub. L. 92-213 inserted reference to church

properties.

1969 - Subsec. (c)(2). Pub. L. 91-152 substituted "December 31,

1971, adequate" for "June 30, 1970, permanent".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013 to 4015 of this

title.

-End-

-CITE-

42 USC Sec. 4012a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4012a. Flood insurance purchase and compliance requirements

and escrow accounts

-STATUTE-

(a) Amount and term of coverage

After the expiration of sixty days following December 31, 1973,

no Federal officer or agency shall approve any financial assistance

for acquisition or construction purposes for use in any area that

has been identified by the Director as an area having special flood

hazards and in which the sale of flood insurance has been made

available under the National Flood Insurance Act of 1968 [42 U.S.C.

4001 et seq.], unless the building or mobile home and any personal

property to which such financial assistance relates is covered by

flood insurance in an amount at least equal to its development or

project cost (less estimated land cost) or to the maximum limit of

coverage made available with respect to the particular type of

property under the National Flood Insurance Act of 1968, whichever

is less: Provided, That if the financial assistance provided is in

the form of a loan or an insurance or guaranty of a loan, the

amount of flood insurance required need not exceed the outstanding

principal balance of the loan and need not be required beyond the

term of the loan. The requirement of maintaining flood insurance

shall apply during the life of the property, regardless of transfer

of ownership of such property.

(b) Requirement for mortgage loans

(1) Regulated lending institutions

Each Federal entity for lending regulation (after consultation

and coordination with the Financial Institutions Examination

Council established under the Federal Financial Institutions

Examination Council Act of 1974 [12 U.S.C. 3301 et seq.]) shall

by regulation direct regulated lending institutions not to make,

increase, extend, or renew any loan secured by improved real

estate or a mobile home located or to be located in an area that

has been identified by the Director as an area having special

flood hazards and in which flood insurance has been made

available under the National Flood Insurance Act of 1968 [42

U.S.C. 4001 et seq.], unless the building or mobile home and any

personal property securing such loan is covered for the term of

the loan by flood insurance in an amount at least equal to the

outstanding principal balance of the loan or the maximum limit of

coverage made available under the Act with respect to the

particular type of property, whichever is less.

(2) Federal agency lenders

A Federal agency lender may not make, increase, extend, or

renew any loan secured by improved real estate or a mobile home

located or to be located in an area that has been identified by

the Director as an area having special flood hazards and in which

flood insurance has been made available under the National Flood

Insurance Act of 1968, unless the building or mobile home and any

personal property securing such loan is covered for the term of

the loan by flood insurance in the amount provided in paragraph

(1). Each Federal agency lender shall issue any regulations

necessary to carry out this paragraph. Such regulations shall be

consistent with and substantially identical to the regulations

issued under paragraph (1).

(3) Government-sponsored enterprises for housing

The Federal National Mortgage Association and the Federal Home

Loan Mortgage Corporation shall implement procedures reasonably

designed to ensure that, for any loan that is -

(A) secured by improved real estate or a mobile home located

in an area that has been identified, at the time of the

origination of the loan or at any time during the term of the

loan, by the Director as an area having special flood hazards

and in which flood insurance is available under the National

Flood Insurance Act of 1968, and

(B) purchased by such entity,

the building or mobile home and any personal property securing

the loan is covered for the term of the loan by flood insurance

in the amount provided in paragraph (1).

(4) Applicability

(A) Existing coverage

Except as provided in subparagraph (B), paragraph (1) shall

apply on September 23, 1994.

(B) New coverage

Paragraphs (2) and (3) shall apply only with respect to any

loan made, increased, extended, or renewed after the expiration

of the 1-year period beginning on September 23, 1994. Paragraph

(1) shall apply with respect to any loan made, increased,

extended, or renewed by any lender supervised by the Farm

Credit Administration only after the expiration of the period

under this subparagraph.

(C) Continued effect of regulations

Notwithstanding any other provision of this subsection, the

regulations to carry out paragraph (1), as in effect

immediately before September 23, 1994, shall continue to apply

until the regulations issued to carry out paragraph (1) as

amended by section 522(a) of Public Law 103-325 take effect.

(c) Exceptions to purchase requirements

(1) State-owned property

Notwithstanding the other provisions of this section, flood

insurance shall not be required on any State-owned property that

is covered under an adequate State policy of self-insurance

satisfactory to the Director. The Director shall publish and

periodically revise the list of States to which this subsection

applies.

(2) Small loans

Notwithstanding any other provision of this section,

subsections (a) and (b) of this section shall not apply to any

loan having -

(A) an original outstanding principal balance of $5,000 or

less; and

(B) a repayment term of 1 year or less.

(d) Escrow of flood insurance payments

(1) Regulated lending institutions

Each Federal entity for lending regulation (after consultation

and coordination with the Financial Institutions Examination

Council) shall by regulation require that, if a regulated lending

institution requires the escrowing of taxes, insurance premiums,

fees, or any other charges for a loan secured by residential

improved real estate or a mobile home, then all premiums and fees

for flood insurance under the National Flood Insurance Act of

1968 [42 U.S.C. 4001 et seq.] for the real estate or mobile home

shall be paid to the regulated lending institution or other

servicer for the loan in a manner sufficient to make payments as

due for the duration of the loan. Upon receipt of the premiums,

the regulated lending institution or servicer of the loan shall

deposit the premiums in an escrow account on behalf of the

borrower. Upon receipt of a notice from the Director or the

provider of the insurance that insurance premiums are due, the

regulated lending institution or servicer shall pay from the

escrow account to the provider of the insurance the amount of

insurance premiums owed.

(2) Federal agency lenders

Each Federal agency lender shall by regulation require and

provide for escrow and payment of any flood insurance premiums

and fees relating to residential improved real estate and mobile

homes securing loans made by the Federal agency lender under the

circumstances and in the manner provided under paragraph (1). Any

regulations issued under this paragraph shall be consistent with

and substantially identical to the regulations issued under

paragraph (1).

(3) Applicability of RESPA

Escrow accounts established pursuant to this subsection shall

be subject to the provisions of section 10 of the Real Estate

Settlement Procedures Act of 1974 [12 U.S.C. 2609].

(4) "Residential improved real estate" defined

For purposes of this subsection, the term "residential improved

real estate" means improved real estate for which the improvement

is a residential building.

(5) Applicability

This subsection shall apply only with respect to any loan made,

increased, extended, or renewed after the expiration of the

1-year period beginning on September 23, 1994.

(e) Placement of flood insurance by lender

(1) Notification to borrower of lack of coverage

If, at the time of origination or at any time during the term

of a loan secured by improved real estate or by a mobile home

located in an area that has been identified by the Director (at

the time of the origination of the loan or at any time during the

term of the loan) as an area having special flood hazards and in

which flood insurance is available under the National Flood

Insurance Act of 1968 [42 U.S.C. 4001 et seq.], the lender or

servicer for the loan determines that the building or mobile home

and any personal property securing the loan is not covered by

flood insurance or is covered by such insurance in an amount less

than the amount required for the property pursuant to paragraph

(1), (2), or (3) of subsection (b) of this section, the lender or

servicer shall notify the borrower under the loan that the

borrower should obtain, at the borrower's expense, an amount of

flood insurance for the building or mobile home and such personal

property that is not less than the amount under subsection (b)(1)

of this section, for the term of the loan.

(2) Purchase of coverage on behalf of borrower

If the borrower fails to purchase such flood insurance within

45 days after notification under paragraph (1), the lender or

servicer for the loan shall purchase the insurance on behalf of

the borrower and may charge the borrower for the cost of premiums

and fees incurred by the lender or servicer for the loan in

purchasing the insurance.

(3) Review of determination regarding required purchase

(A) In general

The borrower and lender for a loan secured by improved real

estate or a mobile home may jointly request the Director to

review a determination of whether the building or mobile home

is located in an area having special flood hazards. Such

request shall be supported by technical information relating to

the improved real estate or mobile home. Not later than 45 days

after the Director receives the request, the Director shall

review the determination and provide to the borrower and the

lender with a letter stating whether or not the building or

mobile home is in an area having special flood hazards. The

determination of the Director shall be final.

(B) Effect of determination

Any person to whom a borrower provides a letter issued by the

Director pursuant to subparagraph (A), stating that the

building or mobile home securing the loan of the borrower is

not in an area having special flood hazards, shall have no

obligation under this title (!1) to require the purchase of

flood insurance for such building or mobile home during the

period determined by the Director, which shall be specified in

the letter and shall begin on the date on which such letter is

provided.

(C) Effect of failure to respond

If a request under subparagraph (A) is made in connection

with the origination of a loan and the Director fails to

provide a letter under subparagraph (A) before the later of (i)

the expiration of the 45-day period under such subparagraph, or

(ii) the closing of the loan, no person shall have an

obligation under this title (!1) to require the purchase of

flood insurance for the building or mobile home securing the

loan until such letter is provided.

(4) Applicability

This subsection shall apply to all loans outstanding on or

after September 23, 1994.

(f) Civil monetary penalties for failure to require flood insurance

or notify

(1) Civil monetary penalties against regulated lenders

Any regulated lending institution that is found to have a

pattern or practice of committing violations under paragraph (2)

shall be assessed a civil penalty by the appropriate Federal

entity for lending regulation in the amount provided under

paragraph (5).

(2) Lender violations

The violations referred to in paragraph (1) shall include -

(A) making, increasing, extending, or renewing loans in

violation of -

(i) the regulations issued pursuant to subsection (b) of

this section;

(ii) the escrow requirements under subsection (d) of this

section; or

(iii) the notice requirements under section 1364 of the

National Flood Insurance Act of 1968 [42 U.S.C. 4104a]; or

(B) failure to provide notice or purchase flood insurance

coverage in violation of subsection (e) of this section.

(3) Civil monetary penalties against GSE's

(A) In general

If the Federal National Mortgage Association or the Federal

Home Loan Mortgage Corporation is found by the Director of the

Office of Federal Housing Enterprise Oversight of the

Department of Housing and Urban Development to have a pattern

or practice of purchasing loans in violation of the procedures

established pursuant to subsection (b)(3) of this section, the

Director of such Office shall assess a civil penalty against

such enterprise in the amount provided under paragraph (5) of

this subsection.

(B) "Enterprise" defined

For purposes of this subsection, the term "enterprise" means

the Federal National Mortgage Association or the Federal Home

Loan Mortgage Corporation.

(4) Notice and hearing

A penalty under this subsection may be issued only after notice

and an opportunity for a hearing on the record.

(5) Amount

A civil monetary penalty under this subsection may not exceed

$350 for each violation under paragraph (2) or paragraph (3). The

total amount of penalties assessed under this subsection against

any single regulated lending institution or enterprise during any

calendar year may not exceed $100,000.

(6) Lender compliance

Notwithstanding any State or local law, for purposes of this

subsection, any regulated lending institution that purchases

flood insurance or renews a contract for flood insurance on

behalf of or as an agent of a borrower of a loan for which flood

insurance is required shall be considered to have complied with

the regulations issued under subsection (b) of this section.

(7) Effect of transfer on liability

Any sale or other transfer of a loan by a regulated lending

institution that has committed a violation under paragraph (1),

that occurs subsequent to the violation, shall not affect the

liability of the transferring lender with respect to any penalty

under this subsection. A lender shall not be liable for any

violations relating to a loan committed by another regulated

lending institution that previously held the loan.

(8) Deposit of penalties

Any penalties collected under this subsection shall be paid

into the National Flood Mitigation Fund under section 1367 of the

National Flood Insurance Act of 1968 [42 U.S.C. 4104d].

(9) Additional penalties

Any penalty under this subsection shall be in addition to any

civil remedy or criminal penalty otherwise available.

(10) Statute of limitations

No penalty may be imposed under this subsection after the

expiration of the 4-year period beginning on the date of the

occurrence of the violation for which the penalty is authorized

under this subsection.

(g) Other actions to remedy pattern of noncompliance

(1) Authority of Federal entities for lending regulation

A Federal entity for lending regulation may require a regulated

lending institution to take such remedial actions as are

necessary to ensure that the regulated lending institution

complies with the requirements of the national flood insurance

program if the Federal agency for lending regulation makes a

determination under paragraph (2) regarding the regulated lending

institution.

(2) Determination of violations

A determination under this paragraph shall be a finding that -

(A) the regulated lending institution has engaged in a

pattern and practice of noncompliance in violation of the

regulations issued pursuant to subsection (b), (d), or (e) of

this section or the notice requirements under section 1364 of

the National Flood Insurance Act of 1968 [42 U.S.C. 4104a]; and

(B) the regulated lending institution has not demonstrated

measurable improvement in compliance despite the assessment of

civil monetary penalties under subsection (f) of this section.

(h) Fee for determining location

Notwithstanding any other Federal or State law, any person who

makes a loan secured by improved real estate or a mobile home or

any servicer for such a loan may charge a reasonable fee for the

costs of determining whether the building or mobile home securing

the loan is located in an area having special flood hazards, but

only in accordance with the following requirements:

(1) Borrower fee

The borrower under such a loan may be charged the fee, but only

if the determination -

(A) is made pursuant to the making, increasing, extending, or

renewing of the loan that is initiated by the borrower;

(B) is made pursuant to a revision or updating under section

1360(f) (!2) [42 U.S.C. 4101(f)] of the floodplain areas and

flood-risk zones or publication of a notice or compendia under

subsection (h) or (i) of section 1360 (!2) [42 U.S.C. 4101(h),

(i)] that affects the area in which the improved real estate or

mobile home securing the loan is located or that, in the

determination of the Director, may reasonably be considered to

require a determination under this subsection; or

(C) results in the purchase of flood insurance coverage

pursuant to the requirement under subsection (e)(2) of this

section.

(2) Purchaser or transferee fee

The purchaser or transferee of such a loan may be charged the

fee in the case of sale or transfer of the loan.

-SOURCE-

(Pub. L. 93-234, title I, Sec. 102, Dec. 31, 1973, 87 Stat. 978;

Pub. L. 98-181, title IV, Sec. 451(e)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 103-325, title V, Secs. 522-526, 531, 582(c), Sept.

23, 1994, 108 Stat. 2257-2262, 2267, 2287.)

-REFTEXT-

REFERENCES IN TEXT

The National Flood Insurance Act of 1968, referred to in subsecs.

(a), (b), (d)(1), and (e)(1), and the Act, referred to in subsec.

(b), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572,

as amended, which is classified principally to this chapter (Sec.

4001 et seq.). For complete classification of this Act to the Code,

see Short Title note set out under section 4001 of this title and

Tables.

The Federal Financial Institutions Examination Council Act of

1974, referred to in subsec. (b)(1), probably means the Federal

Financial Institutions Examination Council Act of 1978, Pub. L.

95-630, title X, Nov. 10, 1978, 92 Stat. 3694, as amended, which is

classified principally to chapter 34 (Sec. 3301 et seq.) of Title

12, Banks and Banking. For complete classification of this Act to

the Code, see Short Title note set out under section 3301 of Title

12 and Tables.

Section 522(a) of Public Law 103-325, referred to in subsec.

(b)(4)(C), was in original "section 522(a) of such Act", which

generally amended subsec. (b) of this section.

This title, referred to in subsec. (e)(3)(B), (C), means title I

of Pub. L. 93-234, Dec. 31, 1973, 87 Stat. 977, which enacted this

section and section 4104 of this title and amended sections 4001,

4013 to 4016, 4026, 4054, 4056, and 4121 of this title.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-325, Sec. 531, substituted section catchline

for former section catchline.

Subsec. (a). Pub. L. 103-325, Sec. 582(c), struck out ", during

the anticipated economic or useful life of the project," before

"covered by flood insurance" and inserted at end "The requirement

of maintaining flood insurance shall apply during the life of the

property, regardless of transfer of ownership of such property."

Subsec. (b). Pub. L. 103-325, Sec. 522(a), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Each

Federal instrumentality responsible for the supervision, approval,

regulation, or insuring of banks, savings and loan associations, or

similar institutions shall by regulation direct such institutions

not to make, increase, extend, or renew after the expiration of

sixty days following December 31, 1973, any loan secured by

improved real estate or a mobile home located or to be located in

an area that has been identified by the Director as an area having

special flood hazards and in which flood insurance has been made

available under the National Flood Insurance Act of 1968, unless

the building or mobile home and any personal property securing such

loan is covered for the term of the loan by flood insurance in an

amount at least equal to the outstanding principal balance of the

loan or to the maximum limit of coverage made available with

respect to the particular type of property under the Act, whichever

is less."

Subsec. (c). Pub. L. 103-325, Sec. 522(b), inserted heading,

designated existing provisions as par. (1), inserted par. (1)

heading, and added par. (2).

Subsecs. (d) to (h). Pub. L. 103-325, Secs. 523-526, added

subsecs. (d) to (h).

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 582(c) of Pub. L. 103-325 applicable to

disasters declared after Sept. 23, 1994, see section 5154a(e) of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4104a, 4104d of this

title; title 12 section 4521.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by "of the

National Flood Insurance Act of 1968".

-End-

-CITE-

42 USC Sec. 4013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4013. Nature and limitation of insurance coverage

-STATUTE-

(a) Regulations respecting general terms and conditions of

insurability

The Director shall from time to time, after consultation with the

advisory committee authorized under section 4025 of this title,

appropriate representatives of the pool formed or otherwise created

under section 4051 of this title, and appropriate representatives

of the insurance authorities of the respective States, provide by

regulation for general terms and conditions of insurability which

shall be applicable to properties eligible for flood insurance

coverage under section 4012 of this title, including -

(1) the types, classes, and locations of any such properties

which shall be eligible for flood insurance;

(2) the nature and limits of loss or damage in any areas (or

subdivisions thereof) which may be covered by such insurance;

(3) the classification, limitation, and rejection of any risks

which may be advisable;

(4) appropriate minimum premiums;

(5) appropriate loss-deductibles; and

(6) any other terms and conditions relating to insurance

coverage or exclusion which may be necessary to carry out the

purposes of this chapter.

(b) Regulations respecting amount of coverage

In addition to any other terms and conditions under subsection

(a) of this section, such regulations shall provide that -

(1) any flood insurance coverage based on chargeable premium

rates under section 4015 of this title which are less than the

estimated premium rates under section 4014(a)(1) of this title

shall not exceed -

(A) in the case of residential properties -

(i) $35,000 aggregate liability for any single-family

dwelling, and $100,000 for any residential structure

containing more than one dwelling unit,

(ii) $10,000 aggregate liability per dwelling unit for any

contents related to such unit, and

(iii) in the States of Alaska and Hawaii, and in the Virgin

Islands and Guam; the limits provided in clause (i) of this

sentence shall be: $50,000 aggregate liability for any

single-family dwelling, and $150,000 for any residential

structure containing more than one dwelling unit;

(B) in the case of business properties which are owned or

leased and operated by small business concerns, an aggregate

liability with respect to any single structure, including any

contents thereof related to premises of small business

occupants (as that term is defined by the Director), which

shall be equal to (i) $100,000 plus (ii) $100,000 multiplied by

the number of such occupants and shall be allocated among such

occupants (or among the occupant or occupants and the owner)

under regulations prescribed by the Director; except that the

aggregate liability for the structure itself may in no case

exceed $100,000; and

(C) in the case of church properties and any other properties

which may become eligible for flood insurance under section

4012 of this title -

(i) $100,000 aggregate liability for any single structure,

and

(ii) $100,000 aggregate liability per unit for any contents

related to such unit; and

(2) in the case of any residential property for which the risk

premium rate is determined in accordance with the provisions of

section 4014(a)(1) of this title, additional flood insurance in

excess of the limits specified in clause (i) of subparagraph (A)

of paragraph (1) shall be made available to every insured upon

renewal and every applicant for insurance so as to enable such

insured or applicant to receive coverage up to a total amount

(including such limits specified in paragraph (1)(A)(i)) of

$250,000;

(3) in the case of any residential property for which the risk

premium rate is determined in accordance with the provisions of

section 4014(a)(1) of this title, additional flood insurance in

excess of the limits specified in clause (ii) of subparagraph (A)

of paragraph (1) shall be made available to every insured upon

renewal and every applicant for insurance so as to enable any

such insured or applicant to receive coverage up to a total

amount (including such limits specified in paragraph (1)(A)(ii))

of $100,000;

(4) in the case of any nonresidential property, including

churches, for which the risk premium rate is determined in

accordance with the provisions of section 4014(a)(1) of this

title, additional flood insurance in excess of the limits

specified in subparagraphs (B) and (C) of paragraph (1) shall be

made available to every insured upon renewal and every applicant

for insurance, in respect to any single structure, up to a total

amount (including such limit specified in subparagraph (B) or (C)

of paragraph (1), as applicable) of $500,000 for each structure

and $500,000 for any contents related to each structure; and

(5) any flood insurance coverage which may be made available in

excess of the limits specified in subparagraph (A), (B), or (C)

of paragraph (1), shall be based only on chargeable premium rates

under section 4015 of this title, which are not less than the

estimated premium rates under section 4014(a)(1) of this title,

and the amount of such excess coverage shall not in any case

exceed an amount equal to the applicable limit so specified (or

allocated) under paragraph (1)(C), (2), (3), or (4), as

applicable.

(c) Effective date of policies

(1) Waiting period

Except as provided in paragraph (2), coverage under a new

contract for flood insurance coverage under this chapter entered

into after September 23, 1994, and any modification to coverage

under an existing flood insurance contract made after September

23, 1994, shall become effective upon the expiration of the

30-day period beginning on the date that all obligations for such

coverage (including completion of the application and payment of

any initial premiums owed) are satisfactorily completed.

(2) Exception

The provisions of paragraph (1) shall not apply to -

(A) the initial purchase of flood insurance coverage under

this chapter when the purchase of insurance is in connection

with the making, increasing, extension, or renewal of a loan;

or

(B) the initial purchase of flood insurance coverage pursuant

to a revision or updating of floodplain areas or flood-risk

zones under section 4101(f) of this title, if such purchase

occurs during the 1-year period beginning upon publication of

notice of the revision or updating under section 4101(h) of

this title.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1306, Aug. 1, 1968, 82 Stat. 575;

Pub. L. 92-213, Sec. 2(c)(2), Dec. 22, 1971, 85 Stat. 775; Pub. L.

93-234, title I, Sec. 101, Dec. 31, 1973, 87 Stat. 977; Pub. L.

95-128, title VII, Sec. 704(a), Oct. 12, 1977, 91 Stat. 1145; Pub.

L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 100-242, title V, Sec. 544(a), Feb. 5, 1988, 101 Stat.

1940; Pub. L. 100-628, title X, Sec. 1086(a), Nov. 7, 1988, 102

Stat. 3278; Pub. L. 100-707, title I, Sec. 109(o), Nov. 23, 1988,

102 Stat. 4709; Pub. L. 101-137, Sec. 1(c), Nov. 3, 1989, 103 Stat.

824; Pub. L. 101-508, title II, Sec. 2302(d), Nov. 5, 1990, 104

Stat. 1388-23; Pub. L. 103-325, title V, Secs. 552(a), 573, 579(a),

Sept. 23, 1994, 108 Stat. 2269, 2278, 2284.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-325, Sec. 573(a)(1),

substituted "a total amount (including such limits specified in

paragraph (1)(A)(i)) of $250,000" for "an amount of $150,000 under

the provisions of this clause".

Subsec. (b)(3). Pub. L. 103-325, Sec. 573(a)(2), substituted "a

total amount (including such limits specified in paragraph

(1)(A)(ii)) of $100,000" for "an amount of $50,000 under the

provisions of this clause".

Subsec. (b)(4). Pub. L. 103-325, Sec. 573(a)(3), added par. (4)

and struck out former par. (4) which read as follows: "in the case

of business property owned, leased, or operated by small business

concerns for which the risk premium rate is determined in

accordance with the provisions of section 4014(a)(1) of this title,

additional flood insurance in excess of the limits specified in

subparagraph (B) of paragraph (1) shall be made available to every

such owner, lessee, or operator in respect to any single structure,

including any contents thereof, related to premises of small

business occupants (as that term is defined by the Director), up to

an amount equal to (i) $250,000 plus (ii) $200,000 multiplied by

the number of such occupants which coverage shall be allocated

among such occupants (or among the occupant or occupants and the

owner) in accordance with the regulations prescribed by the

Director pursuant to such subparagraph (B), except that the

aggregate liability for the structure itself may in no case exceed

$250,000;".

Subsec. (b)(5). Pub. L. 103-325, Sec. 573(b)(1), substituted a

period for "; and" at end.

Subsec. (b)(6). Pub. L. 103-325, Sec. 573(b)(2), struck out par.

(6) which read as follows: "the flood insurance purchase

requirements of section 4012a of this title do not apply to the

additional flood insurance limits made available in excess of twice

the limits made available under paragraph (1)."

Subsec. (c). Pub. L. 103-325, Sec. 579(a), added subsec. (c).

Pub. L. 103-325, Sec. 552(a), struck out subsec. (c) which

related to schedule for payment of flood insurance for structures

on land subject to imminent collapse or subsidence.

1990 - Subsec. (c)(7). Pub. L. 101-508 substituted "September 30,

1995" for "September 30, 1991".

1989 - Subsec. (c)(7). Pub. L. 101-137 substituted "September 30,

1991" for "September 30, 1989".

1988 - Subsec. (c). Pub. L. 100-242 added subsec. (c).

Subsec. (c)(1)(A). Pub. L. 100-628 substituted "following" for

"Following" in cls. (i) and (ii).

Subsec. (c)(5). Pub. L. 100-707 substituted "Disaster Relief and

Emergency Assistance Act" for "Disaster Relief Act of 1974".

1983 - Subsecs. (a), (b)(1)(B), (4). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1977 - Subsec. (b)(2). Pub. L. 95-128 added par. (2) and

redesignated former par. (2) as (5).

Subsec. (b)(3), (4). Pub. L. 95-128 added pars. (3) and (4).

Subsec. (b)(5). Pub. L. 95-128 redesignated former par. (2) as

(5), struck out "(or allocated to any person under subparagraph (B)

of such paragraph)" after "paragraph (1)", and inserted "under

paragraph (1)(C), (2), (3), or (4), as applicable" after "(or

allocated)".

Subsec. (b)(6). Pub. L. 95-128 added par. (6).

1973 - Subsec. (b)(1)(A). Pub. L. 93-234, Sec. 101(a), in

increasing limits of coverage, struck out following introductory

text "residential properties" the clause "which are designed for

the occupancy of from one to four families"; substituted provisions

in cl. (i) "$35,000 aggregate liability for any single-family

dwelling, and $100,000 for any residential structure containing

more than one dwelling unit" for "$17,500 aggregate liability for

any dwelling unit, and $30,000 for any single dwelling structure

containing more than one dwelling unit"; increased cl. (ii) limits

to $10,000 from $5,000 and added cl. (iii).

Subsec. (b)(1)(B). Pub. L. 93-234, Sec. 101(b), substituted

"$100,000" for "$30,000" in cl. (i), for "$5,000" in cl. (ii), and

for "$30,000" in exception provision.

Subsec. (b)(1)(C). Pub. L. 93-234, Sec. 101(c), increased cl. (i)

limits to $100,000 from $30,000 and substituted cl. (ii) "$100,000

aggregate liability per unit for any contents related to such unit"

for "$5,000 aggregate liability per dwelling unit for any contents

related to such unit in the case of residential properties, or per

occupant (as that term is defined by the Secretary) for any

contents related to the premises occupied in the case of any other

properties".

1971 - Subsec. (b)(1)(C). Pub. L. 92-213 inserted "church

properties, and" before "any other properties which may become".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 544(b) of Pub. L. 100-242 provided that: "The amendment

made by this section [amending this section] shall become effective

on the date of the enactment of this Act [Feb. 5, 1988]."

SAVINGS PROVISION

Section 552(c) of Pub. L. 103-325 provided that: "Notwithstanding

subsection (a) [amending this section], the Director shall take any

action necessary to make payments under flood insurance contracts

pursuant to any commitments made before the expiration of the

period referred to in subsection (b) [set out below] pursuant to

the authority under section 1306(c) of the National Flood Insurance

Act of 1968 [subsec. (c) of this section] or subsection (b)."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

TRANSITION PHASE

Section 552(b) of Pub. L. 103-325 provided that: "Notwithstanding

subsection (a) [amending this section], during the 1-year period

beginning on the date of enactment of this Act [Sept. 23, 1994],

the Director of the Federal Emergency Management Agency may pay

amounts under flood insurance contracts for demolition or

relocation of structures as provided in section 1306(c) of the

National Flood Insurance Act of 1968 [subsec. (c) of this section]

(as in effect immediately before the enactment of this Act)."

-End-

-CITE-

42 USC Sec. 4014 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4014. Estimates of premium rates

-STATUTE-

(a) Studies and investigations

The Director is authorized to undertake and carry out such

studies and investigations and receive or exchange such information

as may be necessary to estimate, and shall from time to time

estimate, on an area, subdivision, or other appropriate basis -

(1) the risk premium rates for flood insurance which -

(A) based on consideration of the risk involved and accepted

actuarial principles, and

(B) including -

(i) the applicable operating costs and allowances set forth

in the schedules prescribed under section 4018 of this title

and reflected in such rates,

(ii) any administrative expenses (or portion of such

expenses) of carrying out the flood insurance program which,

in his discretion, should properly be reflected in such

rates, and

(iii) any remaining administrative expenses incurred in

carrying out the flood insurance and floodplain management

programs (including the costs of mapping activities under

section 4101 of this title) not included under clause (ii),

which shall be recovered by a fee charged to policyholders

and such fee shall not be subject to any agents' commissions,

company expense allowances, or State or local premium taxes,

would be required in order to make such insurance available on an

actuarial basis for any types and classes of properties for which

insurance coverage is available under section 4012(a) of this

title (or is recommended to the Congress under section 4012(b) of

this title);

(2) the rates, if less than the rates estimated under paragraph

(1), which would be reasonable, would encourage prospective

insureds to purchase flood insurance, and would be consistent

with the purposes of this chapter, and which, together with a fee

charged to policyholders that shall not be not subject to any

agents' commission, company expenses allowances, or State or

local premium taxes, shall include any administrative expenses

incurred in carrying out the flood insurance and floodplain

management programs (including the costs of mapping activities

under section 4101 of this title); and

(3) the extent, if any, to which federally assisted or other

flood protection measures initiated after August 1, 1968, affect

such rates.

(b) Utilization of services of other Departments and agencies

In carrying out subsection (a) of this section, the Director

shall, to the maximum extent feasible and on a reimbursement basis,

utilize the services of the Department of the Army, the Department

of the Interior, the Department of Agriculture, the Department of

Commerce, and the Tennessee Valley Authority, and, as appropriate,

other Federal departments or agencies, and for such purposes may

enter into agreements or other appropriate arrangements with any

persons.

(c) Priority to studies and investigations in States or areas

evidencing positive interest in securing insurance under program

The Director shall give priority to conducting studies and

investigations and making estimates under this section in those

States or areas (or subdivisions thereof) which he has determined

have evidenced a positive interest in securing flood insurance

coverage under the flood insurance program.

(d) Parishes of Louisiana; premium rates

Notwithstanding any other provision of law, any structure

existing on December 31, 1973, and located within Avoyelles,

Evangeline, Rapides, or Saint Landry Parish in the State of

Louisiana, which the Secretary determines is subject to additional

flood hazards as a result of the construction or operation of the

Atchafalaya Basin Levee System, shall be eligible for flood

insurance under this chapter (if and to the extent it is eligible

for such insurance under the other provisions of this chapter) at

premium rates that shall not exceed those which would be applicable

if such additional hazards did not exist.

(e) Eligibility of community making adequate progress on

construction of flood protection system for rates not exceeding

those applicable to completed flood protection system;

determination of adequate progress

Notwithstanding any other provision of law, any community that

has made adequate progress, acceptable to the Director, on the

construction of a flood protection system which will afford flood

protection for the one-hundred year frequency flood as determined

by the Director, shall be eligible for flood insurance under this

chapter (if and to the extent it is eligible for such insurance

under the other provisions of this chapter) at premium rates not

exceeding those which would be applicable under this section if

such flood protection system had been completed. The Director shall

find that adequate progress on the construction of a flood

protection system as required herein has been only if (1) 100

percent of the project cost of the system has been authorized, (2)

at least 60 percent of the project cost of the system has been

appropriated, (3) at least 50 percent of the project cost of the

system has been expended, and (4) the system is at least 50 percent

completed.

(f) Availability of flood insurance in communities restoring

disaccredited flood protection systems; criteria; rates

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 protection 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 AR 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 Management

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

remaining new construction in such communities is limited to infill

sites, rehabilitation of existing structures, or redevelopment of

previously developed areas.

The Director of the Federal Emergency Management Agency shall

develop and promulgate regulations to implement this subsection,

including minimum floodplain management criteria, within 24 months

after October 28, 1992.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1307, Aug. 1, 1968, 82 Stat. 576;

Pub. L. 93-234, title I, Sec. 109, Dec. 31, 1973, 87 Stat. 980;

Pub. L. 93-383, title VIII, Sec. 816(b), Aug. 22, 1974, 88 Stat.

739; Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 101-508, title II, Sec. 2302(e)(1), Nov. 5,

1990, 104 Stat. 1388-24; Pub. L. 102-550, title IX, Sec. 928, Oct.

28, 1992, 106 Stat. 3886.)

-MISC1-

AMENDMENTS

1992 - Subsec. (f). Pub. L. 102-550 added subsec. (f).

1990 - Subsec. (a)(1)(B)(iii). Pub. L. 101-508, Sec.

2302(e)(1)(A)-(C), added cl. (iii).

Subsec. (a)(2). Pub. L. 101-508, Sec. 2302(e)(1)(D), inserted

before semicolon ", and which, together with a fee charged to

policyholders that shall not be not subject to any agents'

commission, company expenses allowances, or State or local premium

taxes, shall include any administrative expenses incurred in

carrying out the flood insurance and floodplain management programs

(including the costs of mapping activities under section 4101 of

this title)".

1983 - Subsecs. (a) to (c), (e). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1974 - Subsec. (e). Pub. L. 93-383 added subsec. (e).

1973 - Subsec. (d). Pub. L. 93-234 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

STUDY OF ECONOMIC EFFECTS OF CHARGING ACTUARIALLY BASED PREMIUM

RATES FOR PRE-FIRM STRUCTURES

Pub. L. 103-325, title V, Sec. 578, Sept. 23, 1994, 108 Stat.

2284, provided that:

"(a) Study. - The Director of the Federal Emergency Management

Agency (in this section referred to as the 'Director') shall

conduct a study of the economic effects that would result from

increasing premium rates for flood insurance coverage made

available under the national flood insurance program for pre-FIRM

structures to the full actuarial risk based premium rate determined

under section 1307(a)(1) of the National Flood Insurance Act of

1968 [42 U.S.C. 4014(a)(1)] for the area in which the property is

located. In conducting the study, the Director shall -

"(1) determine each area that would be subject to such

increased premium rates; and

"(2) for each such area, determine -

"(A) the amount by which premium rates would be increased;

"(B) the number and types of properties affected and the

number and types of properties covered by flood insurance under

this title [probably means title XIII of Pub. L. 90-448 which

enacted this chapter see Short Title note set out under section

4001 of this title and Tables] likely to cancel such insurance

if the rate increases were made;

"(C) the effects that the increased premium rates would have

on land values and property taxes; and

"(D) any other effects that the increased premium rates would

have on the economy and homeowners.

"(b) Definition of Pre-FIRM Structure. - For purposes of

subsection (a), the term 'pre-FIRM structure' means a structure

that was not constructed or substantially improved after the later

of -

"(1) December 31, 1974; or

"(2) the effective date of the initial rate map published by

the Director under section 1360(a)(2) of the National Flood

Insurance Act of 1968 [42 U.S.C. 4101(a)(2)] for the area in

which such structure is located.

"(c) Report. - The Director shall submit a report to the Congress

describing and explaining the findings of the study conducted under

this section. The report shall be submitted not later than 12

months after the date of enactment of this Act [Sept. 23, 1994]."

SEA LEVEL RISE STUDY

Pub. L. 101-137, Sec. 5, Nov. 3, 1989, 103 Stat. 825, directed

Director of Federal Emergency Management Agency to conduct a study

to determine the impact of relative sea level rise on the flood

insurance rate maps, such study also to project the economic losses

associated with estimated sea level rise and aggregate such data

for the United States as a whole and by region, with Director to

report results of study to Congress not later than one year after

Nov. 3, 1989.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012, 4013, 4015, 4022,

4054, 4056 of this title.

-End-

-CITE-

42 USC Sec. 4015 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4015. Chargeable premium rates

-STATUTE-

(a) Establishment; terms and conditions

On the basis of estimates made under section 4014 of this title,

and such other information as may be necessary, the Director shall

from time to time, after consultation with the advisory committee

authorized under section 4025 of this title, appropriate

representatives of the pool formed or otherwise created under

section 4051 of this title, and appropriate representatives of the

insurance authorities of the respective States, prescribe by

regulation -

(1) chargeable premium rates for any types and classes of

properties for which insurance coverage shall be available under

section 4012 of this title (at less than the estimated risk

premium rates under section 4014(a)(1) of this title, where

necessary), and

(2) the terms and conditions under which, and the areas

(including subdivisions thereof) within which, such rates shall

apply.

(b) Considerations for rates

Such rates shall, insofar as practicable, be -

(1) based on a consideration of the respective risks involved,

including differences in risks due to land use measures,

flood-proofing, flood forecasting, and similar measures.

(2) adequate, on the basis of accepted actuarial principles, to

provide reserves for anticipated losses, or, if less than such

amount, consistent with the objective of making flood insurance

available where necessary at reasonable rates so as to encourage

prospective insureds to purchase such insurance and with the

purposes of this chapter,

(3) adequate, together with the fee under paragraph (1)(B)(iii)

or (2) of section 4014(a) of this title, to provide for any

administrative expenses of the flood insurance and floodplain

management programs (including the costs of mapping activities

under section 4101 of this title), and

(4) stated so as to reflect the basis for such rates, including

the differences (if any) between the estimated risk premium rates

under section 4014(a)(1) of this title and the estimated rates

under section 4014(a)(2) of this title.

(c) Rate with respect to property the construction or substantial

improvement of which has been started after December 31, 1974, or

effective date of initial rate map published for area in which

property is located, whichever is later

Subject only to the limitation under subsection (e) of this

section, the chargeable rate with respect to any property, the

construction or substantial improvements of which the Director

determines has been started after December 31, 1974, or the

effective date of the initial rate map published by the Director

under paragraph (2) of section 4101 of this title for the area in

which such property is located, whichever is later, shall not be

less than the applicable estimated risk premium rate for such area

(or subdivision thereof) under section 4014(a)(1) of this title.

(d) Payment of certain sums to Director; deposits in Fund

With respect to any chargeable premium rate prescribed under this

section, a sum equal to the portion of the rate that covers any

administrative expenses of carrying out the flood insurance and

floodplain management programs which have been estimated under

paragraphs (1)(B)(ii) and (1)(B)(iii) of section 4014(a) of this

title or paragraph (2) of such section (including the fees under

such paragraphs), shall be paid to the Director. The Director shall

deposit the sum in the National Flood Insurance Fund established

under section 4017 of this title.

(e) Annual limitation on premium increases

Notwithstanding any other provision of this chapter, the

chargeable risk premium rates for flood insurance under this

chapter for any properties within any single risk classification

may not be increased by an amount that would result in the average

of such rate increases for properties within the risk

classification during any 12-month period exceeding 10 percent of

the average of the risk premium rates for properties within the

risk classification upon the commencement of such 12-month period.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1308, Aug. 1, 1968, 82 Stat. 576;

Pub. L. 93-234, title I, Sec. 103, Dec. 31, 1973, 87 Stat. 978;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 101-508, title II, Sec. 2302(e)(2), Nov. 5, 1990, 104

Stat. 1388-24; Pub. L. 103-325, title V, Sec. 572(a), Sept. 23,

1994, 108 Stat. 2277.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-325, Sec. 572(a)(1), substituted

"Subject only to the limitation under subsection (e) of this

section" for "Notwithstanding any other provision of this chapter".

Subsec. (e). Pub. L. 103-325, Sec. 572(a)(2), added subsec. (e).

1990 - Subsec. (b)(3), (4). Pub. L. 101-508, Sec. 2302(e)(2)(A),

added par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Pub. L. 101-508, Sec. 2302(e)(2)(B), added subsec.

(d) and struck out former subsec. (d) which read as follows: "In

the event any chargeable premium rate prescribed under this section

-

"(1) is a rate which is not less than the applicable estimated

risk premium rate under section 4014(a)(1) of this title, and

"(2) includes any amount for administrative expenses of

carrying out the flood insurance program which have been

estimated under clause (ii) of section 4014(a)(1)(B) of this

title,

a sum equal to such amount shall be paid to the Director, and he

shall deposit such sum in the National Flood Insurance Fund

established under section 4017 of this title."

1983 - Subsecs. (a), (c), (d). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1973 - Subsec. (c). Pub. L. 93-234 substituted "started after

December 31, 1974, or the effective date of the initial rate map

published by the Secretary under paragraph (2) of section 4101 of

this title for the area in which such property is located,

whichever is later" for "started after the identification of the

area in which such property is located has been published under

paragraph (1) of section 4101 of this title".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

LIMITATION ON PREMIUMS

Section 2302(e)(5) of Pub. L. 101-508 provided that,

notwithstanding section 541(d) of Pub. L. 100-242, formerly set out

below, premium rates charged for flood insurance under any program

established pursuant to this chapter could be increased by more

than 10 percent during fiscal year 1991, with certain exceptions.

Pub. L. 100-242, title V, Sec. 541(d), Feb. 5, 1988, 101 Stat.

1939, as amended by Pub. L. 101-137, Sec. 1(d), Nov. 3, 1989, 103

Stat. 824; Pub. L. 101-508, title II, Sec. 2302(c), Nov. 5, 1990,

104 Stat. 1388-23, limited increases in premium rates charged for

flood insurance under programs established pursuant to this chapter

during period beginning Feb. 5, 1988, and ending Sept. 30, 1995, to

prorated annual rate of 10 percent, prior to repeal by Pub. L.

103-325, title V, Sec. 572(b), Sept. 23, 1994, 108 Stat. 2278.

Section 451(g)(1) of Pub. L. 98-181 provided that premium rates

charged for flood insurance under any program established pursuant

to this chapter could not be increased during the period beginning

Nov. 30, 1983, and ending Sept. 30, 1984.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013, 4017, 4020, 4022,

4054 of this title.

-End-

-CITE-

42 USC Sec. 4016 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4016. Financing provisions; issuance of notes or other

obligations; limitation; report to Congressional committees;

deposits in Fund

-STATUTE-

(a) All authority which was vested in the Director by virtue of

section 2414(e) of this title (pertaining to the issue of notes or

other obligations to the Secretary of the Treasury), as amended by

subsections (a) and (b) of section 1303 of this Act, shall be

available to the Director for the purpose of carrying out the flood

insurance program under this chapter; except that the total amount

of notes and obligations which may be issued by the Director

pursuant to such authority (1) without the approval of the

President, may not exceed $500,000,000, and (2) with the approval

of the President, may not exceed $1,500,000,000 through December

31, 2002, and $1,000,000,000 thereafter. The Director shall report

to the Committee on Banking, Finance and Urban Affairs of the House

of Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate at any time when he requests the approval of

the President in accordance with the preceding sentence.

(b) Any funds borrowed by the Director under this authority

shall, from time to time, be deposited in the National Flood

Insurance Fund established under section 4017 of this title.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1309, Aug. 1, 1968, 82 Stat. 577;

Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L.

93-234, title I, Sec. 104, Dec. 31, 1973, 87 Stat. 979; Pub. L.

98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 98-479, title II, Sec. 204(g), Oct. 17, 1984, 98 Stat.

2233; Pub. L. 104-208, div. A, title V, Sept. 30, 1996, 110 Stat.

3009-521; Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1377;

Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2502; Pub. L.

106-74, title III, Oct. 20, 1999, 113 Stat. 1088; Pub. L. 106-377,

Sec. 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A-47;

Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 689.)

-REFTEXT-

REFERENCES IN TEXT

Section 1303 of this Act, referred to in subsec. (a), means

section 1303 of Pub. L. 90-448, which amended section 2414(e) of

this title.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-73 substituted "2002" for

"2001".

2000 - Subsec. (a)(2). Pub. L. 106-377 substituted "December 31,

2001" for "September 30, 2000".

1999 - Subsec. (a)(2). Pub. L. 106-74, which directed

substitution of "2000" for "1999" in section "1309(a)(2) of the

National Flood Insurance Act", was executed to subsec. (a)(2) of

this section, which is section 1309 of the National Flood Insurance

Act of 1968, to reflect the probable intent of Congress.

1998 - Subsec. (a)(2). Pub. L. 105-276, which directed

substitution of "1999" for "1998" in section "1309(a)(2) of the

National Flood Insurance Act", was executed by making the

substitution in subsec. (a)(2) of this section, which is section

1309 of the National Flood Insurance Act of 1968, to reflect the

probable intent of Congress.

1997 - Subsec. (a)(2). Pub. L. 105-65, which directed

substitution of "1998" for "1997" in section "1309(a)(2) of the

National Flood Insurance Act", was executed by making the

substitution in subsec. (a)(2) of this section, which is section

1309 of the National Flood Insurance Act of 1968, to reflect the

probable intent of Congress.

1996 - Subsec. (a)(2). Pub. L. 104-208 substituted

"$1,500,000,000 through September 30, 1997, and $1,000,000,000

thereafter" for "$1,000,000,000".

1984 - Subsec. (a). Pub. L. 98-479 substituted ", Finance and

Urban Affairs" for "and Currency" and inserted a comma after

"Housing" in last sentence.

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

1973 - Subsec. (a). Pub. L. 93-234 substituted provisions

respecting issuance of notes and obligation for $500,000,000

without approval of President and for $1,000,000,000 with approval

of President, for former provision prescribing a $250,000,000

limitation, struck out provision rescinding authority of Secretary

to issue notes and obligations under section 2414(e) of this title,

and provided for report to Congressional Committees when the

approval of the President is requested.

-CHANGE-

CHANGE OF NAME

Committee on Banking, Finance and Urban Affairs of House of

Representatives treated as referring to Committee on Banking and

Financial Services of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress. Committee on Banking and Financial Services of House

of Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

Functions of Housing and Home Finance Agency and head thereof

transferred to Secretary of Housing and Urban Development by Pub.

L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669, which is

classified to section 3534(a) of this title. Section 9(c) of such

act, set out as a note under section 3531 of this title, provides

that references to Housing and Home Finance Agency or to any agency

or officer therein are to be deemed to mean Secretary of Housing

and Urban Development and that Housing and Home Finance Agency has

lapsed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4017 of this title.

-End-

-CITE-

42 USC Sec. 4017 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4017. National Flood Insurance Fund

-STATUTE-

(a) Establishment; availability

To carry out the flood insurance program authorized by this

chapter, the Director shall establish in the Treasury of the United

States a National Flood Insurance Fund (hereinafter referred to as

the "fund") which shall be an account separate from any other

accounts or funds available to the Director and shall be available

as described in subsection (f) of this section, without fiscal year

limitation (except as otherwise provided in this section) -

(1) for making such payments as may, from time to time, be

required under section 4054 of this title;

(2) to pay reinsurance claims under the excess loss reinsurance

coverage provided under section 4055 of this title;

(3) to repay to the Secretary of the Treasury such sums as may

be borrowed from him (together with interest) in accordance with

the authority provided in section 4016 of this title; and

(4) to the extent approved in appropriations Acts, to pay any

administrative expenses of the flood insurance and floodplain

management programs (including the costs of mapping activities

under section 4101 of this title);

(5) for the purposes specified in subsection (d) of this

section under the conditions provided therein;

(6) for carrying out the program under section 4022(b) of this

title;

(7) for transfers to the National Flood Mitigation Fund, but

only to the extent provided in section 4104d(b)(1) of this title;

and

(8) for costs of preparing the report under section 577 of the

Riegle Community Development and Regulatory Improvement Act of

1994, except that the fund shall be available for the purpose

under this paragraph in an amount not to exceed an aggregate of

$5,000,000 over the 2-year period beginning on September 23,

1994.

(b) Credits to Fund

The fund shall be credited with -

(1) such funds borrowed in accordance with the authority

provided in section 4016 of this title as may from time to time

be deposited in the fund;

(2) premiums, fees, or other charges which may be paid or

collected in connection with the excess loss reinsurance coverage

provided under section 4055 of this title;

(3) such amounts as may be advanced to the fund from

appropriations in order to maintain the fund in an operative

condition adequate to meet its liabilities;

(4) interest which may be earned on investments of the fund

pursuant to subsection (c) of this section;

(5) such sums as are required to be paid to the Director under

section 4015(d) of this title; and

(6) receipts from any other operations under this chapter

(including premiums under the conditions specified in subsection

(d) of this section, and salvage proceeds, if any, resulting from

reinsurance coverage).

(c) Investment of moneys in obligations issued or guaranteed by

United States

If, after -

(1) all outstanding obligations of the fund have been

liquidated, and

(2) any outstanding amounts which may have been advanced to the

fund from appropriations authorized under section 4127(a)(2)(B)

of this title have been credited to the appropriation from which

advanced, with interest accrued at the rate prescribed under

section 2414(e) of this title, as in effect immediately prior to

August 1, 1968,

the Director determines that the moneys of the fund are in excess

of current needs, he may request the investment of such amounts as

he deems advisable by the Secretary of the Treasury in obligations

issued or guaranteed by the United States.

(d) Availability of Fund if operation of program is carried out

through facilities of Federal Government

In the event the Director makes a determination in accordance

with the provisions of section 4071 of this title that operation of

the flood insurance program, in whole or in part, should be carried

out through the facilities of the Federal Government, the fund

shall be available for all purposes incident thereto, including -

(1) cost incurred in the adjustment and payment of any claims

for losses, and

(2) payment of applicable operating costs set forth in the

schedules prescribed under section 4018 of this title,

for so long as the program is so carried out, and in such event any

premiums paid shall be deposited by the Director to the credit of

the fund.

(e) Annual budget

An annual business-type budget for the fund shall be prepared,

transmitted to the Congress, considered, and enacted in the manner

prescribed by sections 9103 and 9104 of title 31 for wholly-owned

Government corporations.

(f) Availability of funds dependent on future appropriations acts

The fund shall be available, with respect to any fiscal year

beginning on or after October 1, 1981, only to the extent approved

in appropriation Acts; except that the fund shall be available for

the purpose described in subsection (d)(1) of this section without

such approval.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1310, Aug. 1, 1968, 82 Stat. 577;

Pub. L. 97-35, title III, Sec. 341(c), Aug. 13, 1981, 95 Stat. 419;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 98-479, title II, Sec. 203(j)(1), Oct. 17, 1984, 98

Stat. 2231; Pub. L. 100-242, title V, Sec. 545(d), Feb. 5, 1988,

101 Stat. 1942; Pub. L. 101-508, title II, Sec. 2302(e)(3), Nov. 5,

1990, 104 Stat. 1388-24; Pub. L. 103-325, title V, Secs. 542,

554(b), 577(h), Sept. 23, 1994, 108 Stat. 2269, 2274, 2283.)

-REFTEXT-

REFERENCES IN TEXT

For provisions relating to the report under section 577 of the

Riegle Community Development and Regulatory Improvement Act of

1994, referred to in subsec. (a)(8), see section 577(a)-(g) of Pub.

L. 103-325, set out as an Evaluation of Erosion Hazards note under

section 4001 of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-325, Secs. 554(b)(1), 577(h)(1),

in introductory provisions, substituted "shall" for "is authorized

to" after "Director", inserted "an account separate from any other

accounts or funds available to the Director and shall be" after

"which shall be", and inserted "(except as otherwise provided in

this section)" after "without fiscal year limitation".

Subsec. (a)(6) to (8). Pub. L. 103-325, Secs. 542, 554(b)(2),

577(h)(2), added pars. (6) to (8), respectively.

1990 - Subsec. (a)(4). Pub. L. 101-508 amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "to pay

such administrative expenses (or portion of such expenses) of

carrying out the flood insurance program as he may deem necessary;

and".

1988 - Subsec. (e). Pub. L. 100-242 substituted "title 31, United

States Code," for "title 31, United States Code", which for

purposes of codification was translated as "title 31", requiring no

change in text.

1984 - Subsec. (e). Pub. L. 98-479 substituted "sections 9103 and

9104 of title 31" for "law (sections 102, 103, and 104 of the

Government Corporations Control Act (31 U.S.C. 847-849))".

1983 - Subsecs. (a), (b)(5), (c), (d). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 341(c)(1), inserted

reference to subsec. (f) of this section.

Subsec. (f). Pub. L. 97-35, Sec. 341(c)(2), added subsec. (f).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4015, 4016, 4071, 4101,

4126, 4127 of this title.

-End-

-CITE-

42 USC Sec. 4018 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4018. Operating costs and allowances; definitions

-STATUTE-

(a) The Director shall from time to time negotiate with

appropriate representatives of the insurance industry for the

purpose of establishing -

(1) a current schedule of operating costs applicable both to

risk-sharing insurance companies and other insurers and to

insurance companies and other insurers, insurance agents and

brokers, and insurance adjustment organizations participating on

other than a risk-sharing basis, and

(2) a current schedule of operating allowances applicable to

risk-sharing insurance companies and other insurers,

which may be payable in accordance with the provisions of

subchapter II of this chapter, and such schedules shall from time

to time be prescribed in regulations.

(b) For purposes of subsection (a) of this section -

(1) the term "operating costs" shall (without limiting such

term) include -

(A) expense reimbursements covering the direct, actual, and

necessary expenses incurred in connection with selling and

servicing flood insurance coverage;

(B) reasonable compensation payable for selling and servicing

flood insurance coverage, or commissions or service fees paid

to producers;

(C) loss adjustment expenses; and

(D) other direct, actual, and necessary expenses which the

Director finds are incurred in connection with selling or

servicing flood insurance coverage; and

(2) the term "operating allowances" shall (without limiting

such term) include amounts for profit and contingencies which the

Director finds reasonable and necessary to carry out the purposes

of this chapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1311, Aug. 1, 1968, 82 Stat. 579;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (b)(1)(D), (2). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4014, 4017, 4052, 4081 of

this title.

-End-

-CITE-

42 USC Sec. 4019 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4019. Payment of claims

-STATUTE-

The Director is authorized to prescribe regulations establishing

the general method or methods by which proved and approved claims

for losses may be adjusted and paid for any damage to or loss of

property which is covered by flood insurance made available under

the provisions of this chapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1312, Aug. 1, 1968, 82 Stat. 579;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4020 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4020. Dissemination of flood insurance information

-STATUTE-

The Director shall from time to time take such action as may be

necessary in order to make information and data available to the

public, and to any State or local agency or official, with regard

to -

(1) the flood insurance program, its coverage and objectives,

and

(2) estimated and chargeable flood insurance premium rates,

including the basis for and differences between such rates in

accordance with the provisions of section 4015 of this title.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1313, Aug. 1, 1968, 82 Stat. 579;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary" in

provisions preceding par. (1).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4021. Repealed. Pub. L. 93-234, title II, Sec. 203, Dec. 31,

1973, 87 Stat. 982

-MISC1-

Section, Pub. L. 90-448, title XIII, Sec. 1314, Aug. 1, 1968, 82

Stat. 579, denied Federal disaster assistance after Dec. 31, 1973,

to persons who for a period of a year or more could have purchased

flood insurance but did not do so, and defined "Federal disaster

assistance" and "financial assistance".

LOSS, DESTRUCTION, OR DAMAGE OCCURRING ON OR BEFORE DECEMBER 31,

1973

Pub. L. 92-213, Sec. 2(b), Dec. 22, 1971, 85 Stat. 775, made the

provisions of subsec. (a)(2) of section 4021 inapplicable with

respect to any loss, destruction, or damage of real or personal

property that occurred on or before Dec. 31, 1973.

-End-

-CITE-

42 USC Sec. 4022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4022. State and local land use controls

-STATUTE-

(a) Requirement for participation in flood insurance program

(1) In general

After December 31, 1971, no new flood insurance coverage shall

be provided under this chapter in any area (or subdivision

thereof) unless an appropriate public body shall have adopted

adequate land use and control measures (with effective

enforcement provisions) which the Director finds are consistent

with the comprehensive criteria for land management and use under

section 4102 of this title.

(2) Agricultural structures

(A) Activity restrictions

Notwithstanding any other provision of law, the adequate land

use and control measures required to be adopted in an area (or

subdivision thereof) pursuant to paragraph (1) may provide, at

the discretion of the appropriate State or local authority, for

the repair and restoration to predamaged conditions of an

agricultural structure that -

(i) is a repetitive loss structure; or

(ii) has incurred flood-related damage to the extent that

the cost of restoring the structure to its predamaged

condition would equal or exceed 50 percent of the market

value of the structure before the damage occurred.

(B) Premium rates and coverage

To the extent applicable, an agricultural structure repaired

or restored pursuant to subparagraph (A) shall pay chargeable

premium rates established under section 4015 of this title at

the estimated risk premium rates under section 4014(a)(1) of

this title. If resources are available, the Director shall

provide technical assistance and counseling, upon request of

the owner of the structure, regarding wet flood-proofing and

other flood damage reduction measures for agricultural

structures. The Director shall not be required to make flood

insurance coverage available for such an agricultural structure

unless the structure is wet flood-proofed through permanent or

contingent measures applied to the structure or its contents

that prevent or provide resistance to damage from flooding by

allowing flood waters to pass through the structure, as

determined by the Director.

(C) Prohibition on disaster relief

Notwithstanding any other provision of law, any agricultural

structure repaired or restored pursuant to subparagraph (A)

shall not be eligible for disaster relief assistance under any

program administered by the Director or any other Federal

agency.

(D) Definitions

For purposes of this paragraph -

(i) the term "agricultural structure" means any structure

used exclusively in connection with the production,

harvesting, storage, raising, or drying of agricultural

commodities; and

(ii) the term "agricultural commodities" means agricultural

commodities and livestock.

(b) Community rating system and incentives for community floodplain

management

(1) Authority and goals

The Director shall carry out a community rating system program,

under which communities participate voluntarily -

(A) to provide incentives for measures that reduce the risk

of flood or erosion damage that exceed the criteria set forth

in section 4102 of this title and evaluate such measures;

(B) to encourage adoption of more effective measures that

protect natural and beneficial floodplain functions;

(C) to encourage floodplain and erosion management; and

(D) to promote the reduction of Federal flood insurance

losses.

(2) Incentives

The program shall provide incentives in the form of credits on

premium rates for flood insurance coverage in communities that

the Director determines have adopted and enforced measures that

reduce the risk of flood and erosion damage that exceed the

criteria set forth in section 4102 of this title. In providing

incentives under this paragraph, the Director may provide for

credits to flood insurance premium rates in communities that the

Director determines have implemented measures that protect

natural and beneficial floodplain functions.

(3) Credits

The credits on premium rates for flood insurance coverage shall

be based on the estimated reduction in flood and erosion damage

risks resulting from the measures adopted by the community under

this program. If a community has received mitigation assistance

under section 4104c of this title, the credits shall be phased in

a manner, determined by the Director, to recover the amount of

such assistance provided for the community.

(4) Reports

Not later than 2 years after September 23, 1994, and not less

than every 2 years thereafter, the Director shall submit a report

to the Congress regarding the program under this subsection. Each

report shall include an analysis of the cost-effectiveness of the

program, any other accomplishments or shortcomings of the

program, and any recommendations of the Director for legislation

regarding the program.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1315, Aug. 1, 1968, 82 Stat. 580;

Pub. L. 91-152, title IV, Sec. 410(b), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 103-325, title V, Secs. 541, 580, Sept. 23, 1994, 108

Stat. 2268, 2285.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-325, Sec. 541(1), designated

existing provisions as subsec. (a)(1) and inserted headings.

Subsec. (a)(2). Pub. L. 103-325, Sec. 580, added par. (2).

Subsec. (b). Pub. L. 103-325, Sec. 541(2), added subsec. (b).

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

1969 - Pub. L. 91-152 substituted provisions prohibiting new

flood insurance coverage after Dec. 31, 1971, unless adequate land

use measures have been adopted, for provisions prohibiting such

coverage after June 30, 1970, unless permanent land use measures

have been adopted.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4017 of this title.

-End-

-CITE-

42 USC Sec. 4023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4023. Properties in violation of State and local law

-STATUTE-

No new flood insurance coverage shall be provided under this

chapter for any property which the Director finds has been declared

by a duly constituted State or local zoning authority, or other

authorized public body, to be in violation of State or local laws,

regulations, or ordinances which are intended to discourage or

otherwise restrict land development or occupancy in flood-prone

areas.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1316, Aug. 1, 1968, 82 Stat. 580;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4024 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4024. Coordination with other programs

-STATUTE-

In carrying out this chapter, the Director shall consult with

other departments and agencies of the Federal Government, and with

interstate, State, and local agencies having responsibilities for

flood control, flood forecasting, or flood damage prevention, in

order to assure that the programs of such agencies and the flood

insurance program authorized under this chapter are mutually

consistent.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1317, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4025 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4025. Flood insurance advisory committee

-STATUTE-

(a) Appointment; duties

The Director shall appoint a flood insurance advisory committee

without regard to the provisions of title 5 governing appointments

in the competitive service, and such committee shall advise the

Director in the preparation of any regulations prescribed in

accordance with this chapter and with respect to policy matters

arising in the administration of this chapter, and shall perform

such other responsibilities as the Director may, from time to time,

assign to such committee.

(b) Membership

Such committee shall consist of not more than fifteen persons and

such persons shall be selected from among representatives of -

(1) the insurance industry,

(2) State and local governments,

(3) lending institutions,

(4) the homebuilding industry, and

(5) the general public.

(c) Compensation and travel expenses

Members of the committee shall, while attending conferences or

meetings thereof, be entitled to receive compensation at a rate

fixed by the Director but not exceeding $100 per day, including

traveltime, and while so serving away from their homes or regular

places of business they may be allowed travel expenses, including

per diem in lieu of subsistence, as is authorized under section

5703 of title 5 for persons in the Government service employed

intermittently.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1318, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (c). Pub. L. 98-181 substituted "Director"

for "Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013, 4015 of this title.

-End-

-CITE-

42 USC Sec. 4026 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4026. Expiration of program

-STATUTE-

No new contract for flood insurance under this chapter shall be

entered into after December 31, 2002.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1319, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 93-4, Feb. 2, 1973, 87 Stat. 4; Pub. L. 93-38, June 5,

1973, 87 Stat. 73; Pub. L. 93-234, title I, Sec. 105, Dec. 31,

1973, 87 Stat. 979; Pub. L. 95-60, Sec. 3, June 30, 1977, 91 Stat.

257; Pub. L. 95-80, Sec. 3, July 31, 1977, 91 Stat. 339; Pub. L.

95-128, title VII, Sec. 701(a), Oct. 12, 1977, 91 Stat. 1144; Pub.

L. 95-406, Sec. 6(a), Sept. 30, 1978, 92 Stat. 880; Pub. L. 95-557,

title III, Sec. 308(a), Oct. 31, 1978, 92 Stat. 2098; Pub. L.

96-153, title VI, Sec. 602(a), Dec. 21, 1979, 93 Stat. 1137; Pub.

L. 97-35, title III, Sec. 341(b)(1), Aug. 13, 1981, 95 Stat. 418;

Pub. L. 97-289, Sec. 4(a), Oct. 6, 1982, 96 Stat. 1231; Pub. L.

98-35, Sec. 4(a), May 26, 1983, 97 Stat. 198; Pub. L. 98-109, Sec.

5(a), Oct. 1, 1983, 97 Stat. 746; Pub. L. 98-181, title IV, Sec.

451(a), Nov. 30, 1983, 97 Stat. 1229; Pub. L. 99-120, Sec. 4(a)(1),

Oct. 8, 1985, 99 Stat. 503; Pub. L. 99-156, Sec. 4(a)(1), Nov. 15,

1985, 99 Stat. 816; Pub. L. 99-219, Sec. 4(a)(1), Dec. 26, 1985, 99

Stat. 1731; Pub. L. 99-267, Sec. 4(a)(1), Mar. 27, 1986, 100 Stat.

74; Pub. L. 99-272, title III, Sec. 3010(a)(1), Apr. 7, 1986, 100

Stat. 106; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412;

Pub. L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L.

99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1,

Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101

Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L.

100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21,

1987, 101 Stat. 1327; Pub. L. 100-242, title V, Sec. 541(a), Feb.

5, 1988, 101 Stat. 1939; Pub. L. 101-137, Sec. 1(a), Nov. 3, 1989,

103 Stat. 824; Pub. L. 101-508, title II, Sec. 2302(a), Nov. 5,

1990, 104 Stat. 1388-23; Pub. L. 103-325, title V, Sec. 571(a),

Sept. 23, 1994, 108 Stat. 2277; Pub. L. 104-204, title III, Sept.

26, 1996, 110 Stat. 2915; Pub. L. 105-46, Sec. 118, Sept. 30, 1997,

111 Stat. 1157; Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat.

1377; Pub. L. 105-276, title III, title V, Sec. 599D(a), Oct. 21,

1998, 112 Stat. 2502, 2663; Pub. L. 107-73, title III, Nov. 26,

2001, 115 Stat. 689.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-73 substituted "December 31, 2002" for

"September 30, 2001".

1998 - Pub. L. 105-276, Sec. 599D(a), which directed the

substitution of "2001" for "1998", was executed by substituting

"2001" for "1999" to reflect the probable intent of Congress and

the amendment by Pub. L. 105-276, title III, see below.

Pub. L. 105-276, title III, substituted "1999" for "1998".

1997 - Pub. L. 105-65 substituted "September 30, 1998" for

"October 23, 1997".

Pub. L. 105-46 substituted "October 23, 1997" for "September 30,

1997".

1996 - Pub. L. 104-204 substituted "September 30, 1997" for

"September 30, 1996".

1994 - Pub. L. 103-325 substituted "September 30, 1996" for

"September 30, 1995".

1990 - Pub. L. 101-508 substituted "September 30, 1995" for

"September 30, 1991".

1989 - Pub. L. 101-137 substituted "September 30, 1991" for

"September 30, 1989".

1988 - Pub. L. 100-242 substituted "September 30, 1989" for

"March 15, 1988".

1987 - Pub. L. 100-200 substituted "March 15, 1988" for "December

16, 1987".

Pub. L. 100-179 substituted "December 16, 1987" for "December 2,

1987".

Pub. L. 100-170 substituted "December 2, 1987" for "November 15,

1987".

Pub. L. 100-154 substituted "November 15, 1987" for "October 31,

1987".

Pub. L. 100-122 substituted "October 31, 1987" for "September 30,

1987".

1986 - Pub. L. 99-430 substituted "September 30, 1987" for

"September 30, 1986".

Pub. L. 99-345 substituted "September 30, 1986" for "June 6,

1986".

Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".

Pub. L. 99-272 directed amendment identical to Pub. L. 99-219

substituting "March 17, 1986" for "December 15, 1985".

Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".

1985 - Pub. L. 99-219 substituted "March 17, 1986" for "December

15, 1985".

Pub. L. 99-156 substituted "December 15, 1985" for "November 14,

1985".

Pub. L. 99-120 substituted "November 14, 1985" for "September 30,

1985".

1983 - Pub. L. 98-181 substituted "September 30, 1985" for

"November 30, 1983".

Pub. L. 98-109 substituted "November 30, 1983" for "September 30,

1983".

Pub. L. 98-35 substituted "September 30, 1983" for "May 20,

1983".

1982 - Pub. L. 97-289 substituted "May 20, 1983" for "September

30, 1982".

1981 - Pub. L. 97-35 substituted "1982" for "1981".

1979 - Pub. L. 96-153 substituted "September 30, 1981" for

"September 30, 1980".

1978 - Pub. L. 95-557 substituted "September 30, 1980" for

"October 31, 1978".

Pub. L. 95-406 substituted "October 31, 1978" for "September 30,

1978".

1977 - Pub. L. 95-128 substituted "September 30, 1978" for

"September 30, 1977".

Pub. L. 95-80 substituted "September 30, 1977" for "July 31,

1977".

Pub. L. 95-60 substituted "July 31, 1977" for "June 30, 1977".

1973 - Pub. L. 93-234 substituted expiration of program

provisions for $6,000,000,000 limitation on flood insurance

coverage outstanding.

Pub. L. 93-38 substituted "$6,000,000,000" for "$4,000,000,000".

Pub. L. 93-4 substituted "$4,000,000,000" for "$2,500,000,000".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-276, title V, Sec. 599D(c), Oct. 21, 1998, 112 Stat.

2663, provided that: "The amendments made by this section [amending

this section and section 4056 of this title] are made on, and shall

apply beginning upon, the date of the enactment of this Act [Oct.

21, 1998]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1998

The expiration date of Oct. 23, 1997 (see 1997 Amendment note

above) was temporarily extended to Nov. 7, 1997, by Pub. L. 105-64,

Oct. 23, 1997, 111 Stat. 1343.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4101 of this title.

-End-

-CITE-

42 USC Sec. 4027 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4027. Biennial report to President

-STATUTE-

(a) In general

The Director shall biennially submit a report of operations under

this chapter to the President for submission to the Congress.

(b) Effects of flood insurance program

The Director shall include, as part of the biennial report

submitted under subsection (a) of this section, a chapter reporting

on the effects on the flood insurance program observed through

implementation of requirements under the Riegle Community

Development and Regulatory Improvement Act of 1994.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1320, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 96-470, title II, Sec. 205(b), Oct. 19, 1980, 94 Stat.

2244; Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 103-325, title V, Sec. 581, Sept. 23, 1994, 108

Stat. 2286.)

-REFTEXT-

REFERENCES IN TEXT

The Riegle Community Development and Regulatory Improvement Act

of 1994, referred to in subsec. (b), is Pub. L. 103-325, Sept. 23,

1994, 108 Stat. 2160. For complete classification of this Act to

the Code, see Short Title note set out under section 4701 of Title

12, Banks and Banking, and Tables.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-325 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

1980 - Pub. L. 96-470 substituted "biennially submit" for

"include" and struck out "in the annual report" after "under this

chapter" and "required by section 3536 of this title" after "the

Congress".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4028 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4028. John H. Chafee Coastal Barrier Resources System

-STATUTE-

(a) No new flood insurance coverage may be provided under this

chapter on or after October 1, 1983, for any new construction or

substantial improvements of structures located on any coastal

barrier within the John H. Chafee Coastal Barrier Resources System

established by section 3503 of title 16. A federally insured

financial institution may make loans secured by structures which

are not eligible for flood insurance by reason of this section.

(b) No new flood insurance coverage may be provided under this

chapter after the expiration of the 1-year period beginning on

November 16, 1990, for any new construction or substantial

improvements of structures located in any area identified and

depicted on the maps referred to in section 3503(a) of title 16 as

an area that is (1) not within the John H. Chafee Coastal Barrier

Resources System and (2) is in an otherwise protected area.

Notwithstanding the preceding sentence, new flood insurance

coverage may be provided for structures in such protected areas

that are used in a manner consistent with the purpose for which the

area is protected.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1321, as added Pub. L. 97-35,

title III, Sec. 341(d)(1), Aug. 13, 1981, 95 Stat. 419; amended

Pub. L. 97-348, Sec. 11(a), Oct. 18, 1982, 96 Stat. 1658; Pub. L.

101-591, Sec. 9, Nov. 16, 1990, 104 Stat. 2938; Pub. L. 106-167,

Sec. 3(c)(7), Dec. 9, 1999, 113 Stat. 1804.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-167 amended section catchline and substituted

"John H. Chafee Coastal Barrier Resources System" for "Coastal

Barrier Resources System" in subsecs. (a) and (b).

1990 - Pub. L. 101-591 designated existing provisions as subsec.

(a) and added subsec. (b).

1982 - Subsecs. (a) to (c). Pub. L. 97-348 struck out subsec.

designations in subsecs. (a) and (c), in provisions of former

subsec. (a) substituted "on any coastal barrier within the Coastal

Barrier Resources System established by section 3503 of title 16"

for "on undeveloped coastal barriers which shall be designated by

the Secretary of the Interior", and struck out subsec. (b) which

provided definitions for purposes of this section.

EFFECTIVE DATE

Section effective Oct. 1, 1981, see section 371 of Pub. L. 97-35,

set out as a note under section 3701 of Title 12, Banks and

Banking.

STUDY FOR DESIGNATION OF UNDEVELOPED COASTAL BARRIERS; REPORT AND

RECOMMENDATIONS TO CONGRESS

Section 341(d)(2) of Pub. L. 97-35, relating to a study by the

Secretary of the Interior for the purpose of designating the

undeveloped coastal barriers affected by this section, and

transmittal to Congress of a report on such study, was repealed by

Pub. L. 97-348, Sec. 11(b), Oct. 18, 1982, 96 Stat. 1659.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 3502.

-End-

-CITE-

42 USC Sec. 4029 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4029. Colorado River Floodway

-STATUTE-

(a) Renewal and transfer of policies; acquisition of policies after

filing of maps

Owners of existing National Flood Insurance Act policies with

respect to structures located within the Floodway established under

section 1600c of title 43 shall have the right to renew and

transfer such policies. Owners of existing structures located

within said Floodway on October 8, 1986, who have not acquired

National Flood Insurance Act policies shall have the right to

acquire policies with respect to such structures for six months

after the Secretary of the Interior files the Floodway maps

required by section 1600c(b)(2) (!1) of title 43 and to renew and

transfer such policies.

(b) New coverage for new construction or substantial improvements

No new flood insurance coverage may be provided under this

chapter on or after a date six months after October 8, 1986, for

any new construction or substantial improvements of structures

located within the Colorado River Floodway established by section

1600c of title 43. New construction includes all structures that

are not insurable prior to that date.

(c) Establishment of temporary boundaries

The Secretary of the Interior may by rule after notice and

comment pursuant to section 553 of title 5 establish temporary

Floodway boundaries to be in effect until the maps required by

section 1600c(b)(2) (!1) of title 43 are filed, for the purpose of

enforcing subsections (b) and (d) of this section.

(d) Loans by federally supervised, approved, regulated, or insured

financial institutions

A regulated lending institution or Federal agency lender may make

loans secured by structures which are not eligible for flood

insurance by reason of this section: Provided, That prior to making

such a loan, such institution determines that the loans or

structures securing the loan are within the Floodway.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1322, as added Pub. L. 99-450,

Sec. 12, Oct. 8, 1986, 100 Stat. 1135; amended Pub. L. 100-242,

title V, Sec. 545(e), Feb. 5, 1988, 101 Stat. 1942; Pub. L.

103-325, title V, Sec. 512(b), Sept. 23, 1994, 108 Stat. 2257.)

-REFTEXT-

REFERENCES IN TEXT

The National Flood Insurance Act, referred to in subsec. (a),

probably means the National Flood Insurance Act of 1968, title XIII

of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, which is

classified principally to this chapter (Sec. 4001 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 4001 of this title and Tables.

Section 1600c(b)(2) of title 43, referred to in subsecs. (a) and

(c), was struck out and former subsec. (b)(1)(ii) redesignated

(b)(2) of section 1600c by Pub. L. 105-362, title IX, Sec.

901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As amended, section

1600c(b)(2) no longer relates to maps required to be prepared and

filed by the Secretary.

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-325 substituted "regulated

lending institution or Federal agency lender" for "federally

supervised, approved, regulated or insured financial institution".

1988 - Pub. L. 100-242 inserted section catchline.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 sections 1600a, 1600k,

1600l.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF

FLOOD INSURANCE PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

-HEAD-

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4011, 4018 of this

title.

-End-

-CITE-

42 USC Sec. 4041 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

-HEAD-

Sec. 4041. Implementation of program

-STATUTE-

Following such consultation with representatives of the insurance

industry as may be necessary, the Director shall implement the

flood insurance program authorized under subchapter I of this

chapter in accordance with the provisions of part A of this

subchapter and, if a determination is made by him under section

4071 of this title, under part B of this subchapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1330, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Part A - Industry Program With Federal Financial

Assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

PART A - INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 4041, 4071, 4084 of this

title.

-End-

-CITE-

42 USC Sec. 4051 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

Sec. 4051. Industry flood insurance pool; requirements for

participation

-STATUTE-

(a) The Director is authorized to encourage and otherwise assist

any insurance companies and other insurers which meet the

requirements prescribed under subsection (b) of this section to

form, associate, or otherwise join together in a pool -

(1) in order to provide the flood insurance coverage authorized

under subchapter I of this chapter; and

(2) for the purpose of assuming, on such terms and conditions

as may be agreed upon, such financial responsibility as will

enable such companies and other insurers, with the Federal

financial and other assistance available under this chapter, to

assume a reasonable proportion of responsibility for the

adjustment and payment of claims for losses under the flood

insurance program.

(b) In order to promote the effective administration of the flood

insurance program under this part, and to assure that the

objectives of this chapter are furthered, the Director is

authorized to prescribe appropriate requirements for insurance

companies and other insurers participating in such pool including,

but not limited to, minimum requirements for capital or surplus or

assets.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1331, Aug. 1, 1968, 82 Stat. 582;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), is title XIII of Pub.

L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the

National Flood Insurance Act of 1968, which enacted this chapter,

amended section 2414 of this title, repealed sections 2401 to 2413

and 2415 to 2421 of this title, and enacted provisions set out as a

note under section 4001 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4001 of this title and Tables.

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013, 4015, 4052, 4054,

4055, 4082 of this title.

-End-

-CITE-

42 USC Sec. 4052 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

Sec. 4052. Agreements with flood insurance pool

-STATUTE-

(a) Authorization

The Director is authorized to enter into such agreements with the

pool formed or otherwise created under this part as he deems

necessary to carry out the purposes of this chapter.

(b) Terms and conditions

Such agreements shall specify -

(1) the terms and conditions under which risk capital will be

available for the adjustment and payment of claims,

(2) the terms and conditions under which the pool (and the

companies and other insurers participating therein) shall

participate in premiums received and profits or losses realized

or sustained,

(3) the maximum amount of profit, established by the Director

and set forth in the schedules prescribed under section 4018 of

this title, which may be realized by such pool (and the companies

and other insurers participating therein),

(4) the terms and conditions under which operating costs and

allowances set forth in the schedules prescribed under section

4018 of this title may be paid, and

(5) the terms and conditions under which premium equalization

payments under section 4054 of this title will be made and

reinsurance claims under section 4055 of this title will be paid.

(c) Additional provisions

In addition, such agreements shall contain such provisions as the

Director finds necessary to assure that -

(1) no insurance company or other insurer which meets the

requirements prescribed under section 4051(b) of this title, and

which has indicated an intention to participate in the flood

insurance program on a risk-sharing basis, will be excluded from

participating in the pool,

(2) the insurance companies and other insurers participating in

the pool will take whatever action may be necessary to provide

continuity of flood insurance coverage by the pool, and

(3) any insurance companies and other insurers, insurance

agents and brokers, and insurance adjustment organizations will

be permitted to cooperate with the pool as fiscal agents or

otherwise, on other than a risk-sharing basis, to the maximum

extent practicable.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1332, Aug. 1, 1968, 82 Stat. 582;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (b)(3), (c). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4053 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

Sec. 4053. Adjustment and payment of claims; judicial review;

limitations; jurisdiction

-STATUTE-

The insurance companies and other insurers which form, associate,

or otherwise join together in the pool under this part may adjust

and pay all claims for proved and approved losses covered by flood

insurance in accordance with the provisions of this chapter and,

upon the disallowance by any such company or other insurer of any

such claim, or upon the refusal of the claimant to accept the

amount allowed upon any such claim, the claimant, within one year

after the date of mailing of notice of disallowance or partial

disallowance of the claim, may institute an action on such claim

against such company or other insurer in the United States district

court for the district in which the insured property or the major

part thereof shall have been situated, and original exclusive

jurisdiction is hereby conferred upon such court to hear and

determine such action without regard to the amount in controversy.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1333, Aug. 1, 1968, 82 Stat. 583;

Pub. L. 98-181, title IV, Sec. 451(d)(3), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 inserted "original exclusive" before

"jurisdiction".

-End-

-CITE-

42 USC Sec. 4054 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

Sec. 4054. Premium equalization payments; basis; aggregate amount;

establishment of designated periods

-STATUTE-

(a) The Director, on such terms and conditions as he may from

time to time prescribe, shall make periodic payments to the pool

formed or otherwise created under section 4051 of this title, in

recognition of such reductions in chargeable premium rates under

section 4015 of this title below estimated premium rates under

section 4014(a)(1) of this title as are required in order to make

flood insurance available on reasonable terms and conditions.

(b) Designated periods under this section and the methods for

determining the sum of premiums paid or payable during such periods

shall be established by the Director.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1334, Aug. 1, 1968, 82 Stat. 583;

Pub. L. 93-234, title I, Sec. 111, Dec. 31, 1973, 87 Stat. 981;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

1973 - Subsecs. (b), (c). Pub. L. 93-234 redesignated subsec. (c)

as (b) and struck out former subsec. (b) prescribing formula for

sharing losses between Government and industry and permit necessary

flexibility in loss sharing to take into account longer-term loss

experience trends and to compensate for lack of precision in

actuarial computations.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4017, 4052, 4056, 4127 of

this title.

-End-

-CITE-

42 USC Sec. 4055 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

Sec. 4055. Reinsurance coverage

-STATUTE-

(a) Availability for excess losses

The Director is authorized to take such action as may be

necessary in order to make available, to the pool formed or

otherwise created under section 4051 of this title, reinsurance for

losses (due to claims for proved and approved losses covered by

flood insurance) which are in excess of losses assumed by such pool

in accordance with the excess loss agreement entered into under

subsection (c) of this section.

(b) Availability pursuant to contract, agreement, or other

arrangement; payment of premium, fee, or other charge

Such reinsurance shall be made available pursuant to contract,

agreement, or any other arrangement, in consideration of such

payment of a premium, fee, or other charge as the Director finds

necessary to cover anticipated losses and other costs of providing

such reinsurance.

(c) Excess loss agreement; negotiation

The Director is authorized to negotiate an excess loss agreement,

from time to time, under which the amount of flood insurance

retained by the pool, after ceding reinsurance, shall be adequate

to further the purposes of this chapter, consistent with the

objective of maintaining appropriate financial participation and

risk sharing to the maximum extent practicable on the part of

participating insurance companies and other insurers.

(d) Submission of excess losses on portfolio basis

All reinsurance claims for losses in excess of losses assumed by

the pool shall be submitted on a portfolio basis by such pool in

accordance with terms and conditions established by the Director.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1335, Aug. 1, 1968, 82 Stat. 583;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4017, 4052, 4054, 4127 of

this title.

-End-

-CITE-

42 USC Sec. 4056 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part A - Industry Program With Federal Financial Assistance

-HEAD-

Sec. 4056. Emergency implementation of flood insurance program;

applicability of other provisions of law

-STATUTE-

(a) Notwithstanding any other provisions of this chapter, for the

purpose of providing flood insurance coverage at the earliest

possible time, the Director shall carry out the flood insurance

program authorized under subchapter I of this chapter during the

period ending December 31, 2002, in accordance with the provisions

of this part and the other provisions of this chapter insofar as

they relate to this part but subject to the modifications made by

or under subsection (b) of this section.

(b) In carrying out the flood insurance program pursuant to

subsection (a) of this section, the Director -

(1) shall provide insurance coverage without regard to any

estimated risk premium rates which would otherwise be determined

under section 4014 of this title; and

(2) shall utilize the provisions and procedures contained in or

prescribed by this part (other than section 4054 of this title)

and sections 4081 and 4082 of this title to such extent and in

such manner as he may consider necessary or appropriate to carry

out the purpose of this section.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1336, as added Pub. L. 91-152,

title IV, Sec. 408, Dec. 24, 1969, 83 Stat. 396; amended Pub. L.

92-213, Sec. 2(a), Dec. 22, 1971, 85 Stat. 775; Pub. L. 93-234,

title I, Sec. 106, Dec. 31, 1973, 87 Stat. 979; Pub. L. 94-173,

Sec. 5, Dec. 23, 1975, 89 Stat. 1028; Pub. L. 94-375, Sec. 14(b),

Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95-128, title VII, Sec.

701(b), Oct. 12, 1977, 91 Stat. 1144; Pub. L. 95-406, Sec. 6(b),

Sept. 30, 1978, 92 Stat. 880; Pub. L. 95-557, title III, Sec.

308(b), Oct. 31, 1978, 92 Stat. 2098; Pub. L. 96-153, title VI,

Sec. 602(b), Dec. 21, 1979, 93 Stat. 1137; Pub. L. 97-35, title

III, Sec. 341(b)(2), Aug. 13, 1981, 95 Stat. 419; Pub. L. 97-289,

Sec. 4(b), Oct. 6, 1982, 96 Stat. 1231; Pub. L. 98-35, Sec. 4(b),

May 26, 1983, 97 Stat. 198; Pub. L. 98-109, Sec. 5(b), Oct. 1,

1983, 97 Stat. 746; Pub. L. 98-181, title IV, Sec. 451(b), (d)(1),

Nov. 30, 1983, 97 Stat. 1229; Pub. L. 99-120, Sec. 4(a)(2), Oct. 8,

1985, 99 Stat. 503; Pub. L. 99-156, Sec. 4(a)(2), Nov. 15, 1985, 99

Stat. 816; Pub. L. 99-219, Sec. 4(a)(2), Dec. 26, 1985, 99 Stat.

1731; Pub. L. 99-267, Sec. 4(a)(2), Mar. 27, 1986, 100 Stat. 74;

Pub. L. 99-272, title III, Sec. 3010(a)(2), Apr. 7, 1986, 100 Stat.

106; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L.

99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept.

30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1, Sept. 30, 1987,

101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub.

L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3,

1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21, 1987, 101 Stat.

1327; Pub. L. 100-242, title V, Sec. 541(b), Feb. 5, 1988, 101

Stat. 1939; Pub. L. 101-137, Sec. 1(b), Nov. 3, 1989, 103 Stat.

824; Pub. L. 101-508, title II, Sec. 2302(b), Nov. 5, 1990, 104

Stat. 1388-23; Pub. L. 103-325, title V, Sec. 571(b), Sept. 23,

1994, 108 Stat. 2277; Pub. L. 105-46, Sec. 118, Sept. 30, 1997, 111

Stat. 1157; Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat.

1377; Pub. L. 105-276, title III, title V, Sec. 599D(b), Oct. 21,

1998, 112 Stat. 2502, 2663; Pub. L. 107-73, title III, Nov. 26,

2001, 115 Stat. 689.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-73 substituted "December 31,

2002" for "September 30, 2001".

1998 - Subsec. (a). Pub. L. 105-276, Sec. 599D(b), which directed

the substitution of "2001" for "1998", was executed by substituting

"2001" for "1999" to reflect the probable intent of Congress and

the amendment by Pub. L. 105-276, title III, see below.

Pub. L. 105-276, title III, substituted "1999" for "1998".

1997 - Subsec. (a). Pub. L. 105-65 substituted "September 30,

1998" for "October 23, 1997".

Pub. L. 105-46 substituted "October 23, 1997" for "September 30,

1996".

1994 - Subsec. (a). Pub. L. 103-325 substituted "September 30,

1996" for "September 30, 1995".

1990 - Subsec. (a). Pub. L. 101-508 substituted "September 30,

1995" for "September 30, 1991".

1989 - Subsec. (a). Pub. L. 101-137 substituted "September 30,

1991" for "September 30, 1989".

1988 - Subsec. (a). Pub. L. 100-242 substituted "September 30,

1989" for "March 15, 1988".

1987 - Subsec. (a). Pub. L. 100-200 substituted "March 15, 1988"

for "December 16, 1987".

Pub. L. 100-179 substituted "December 16, 1987" for "December 2,

1987".

Pub. L. 100-170 substituted "December 2, 1987" for "November 15,

1987".

Pub. L. 100-154 substituted "November 15, 1987" for "October 31,

1987".

Pub. L. 100-122 substituted "October 31, 1987" for "September 30,

1987".

1986 - Subsec. (a). Pub. L. 99-430 substituted "September 30,

1987" for "September 30, 1986".

Pub. L. 99-345 substituted "September 30, 1986" for "June 6,

1986".

Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".

Pub. L. 99-272 directed amendment identical to Pub. L. 99-219

substituting "March 17, 1986" for "December 15, 1985".

Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".

1985 - Subsec. (a). Pub. L. 99-219 substituted "March 17, 1986"

for "December 15, 1985".

Pub. L. 99-156 substituted "December 15, 1985" for "November 14,

1985".

Pub. L. 99-120 substituted "November 14, 1985" for "September 30,

1985".

1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary".

Pub. L. 98-181, Sec. 451(b), substituted "September 30, 1985" for

"November 30, 1983".

Pub. L. 98-109 substituted "November 30, 1983" for "September 30,

1983".

Pub. L. 98-35 substituted "September 30, 1983" for "May 20,

1983".

Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary".

1982 - Subsec. (a). Pub. L. 97-289 substituted "May 20, 1983" for

"September 30, 1982".

1981 - Subsec. (a). Pub. L. 97-35 substituted "1982" for "1981".

1979 - Subsec. (a). Pub. L. 96-153 substituted "1981" for "1980".

1978 - Subsec. (a). Pub. L. 95-557 substituted "September 30,

1980" for "October 31, 1978".

Pub. L. 95-406 substituted "October 31, 1978" for "September 30,

1978".

1977 - Subsec. (a). Pub. L. 95-128 substituted "1978" for "1977".

1976 - Subsec. (a). Pub. L. 94-375 substituted "September 30,

1977" for "December 31, 1976".

1975 - Subsec. (a). Pub. L. 94-173 substituted "1976" for "1975".

1973 - Subsec. (a). Pub. L. 93-234 substituted "1975" for "1973".

1971 - Subsec. (a). Pub. L. 92-213 substituted "1973" for "1971".

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1998

The expiration date of Oct. 23, 1997 (see 1997 Amendment note

above) was temporarily extended to Nov. 7, 1997, by Pub. L. 105-64,

Oct. 23, 1997, 111 Stat. 1343.

-End-

-CITE-

42 USC Part B - Government Program With Industry

Assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part B - Government Program With Industry Assistance

-HEAD-

PART B - GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 4041, 4084 of this title.

-End-

-CITE-

42 USC Sec. 4071 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part B - Government Program With Industry Assistance

-HEAD-

Sec. 4071. Federal operation of program; determination by Director;

fiscal agents; report to Congress

-STATUTE-

(a) If at any time, after consultation with representatives of

the insurance industry, the Director determines that operation of

the flood insurance program as provided under part A cannot be

carried out, or that such operation, in itself, would be assisted

materially by the Federal Government's assumption, in whole or in

part, of the operational responsibility for flood insurance under

this chapter (on a temporary or other basis) he shall promptly

undertake any necessary arrangements to carry out the program of

flood insurance authorized under subchapter I of this chapter

through the facilities of the Federal Government, utilizing, for

purposes of providing flood insurance coverage, either -

(1) insurance companies and other insurers, insurance agents

and brokers, and insurance adjustment organizations, as fiscal

agents of the United States,

(2) such other officers and employees of any executive agency

(as defined in section 105 of title 5) as the Director and the

head of any such agency may from time to time, agree upon, on a

reimbursement or other basis, or

(3) both the alternatives specified in paragraphs (1) and (2).

(b) Upon making the determination referred to in subsection (a)

of this section, the Director shall make a report to the Congress

and, at the same time, to the private insurance companies

participating in the National Flood Insurance Program pursuant to

section 4017 of this title. Such report shall -

(1) state the reason for such determinations,

(2) be supported by pertinent findings,

(3) indicate the extent to which it is anticipated that the

insurance industry will be utilized in providing flood insurance

coverage under the program, and

(4) contain such recommendations as the Director deems

advisable.

The Director shall not implement the program of flood insurance

authorized under subchapter I of this chapter through the

facilities of the Federal Government until 9 months after the date

of submission of the report under this subsection unless it would

be impossible to continue to effectively carry out the National

Flood Insurance Program operations during this time.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1340, Aug. 1, 1968, 82 Stat. 584;

Pub. L. 98-181, title IV, Sec. 451(d)(1), (4), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 101-137, Sec. 3, Nov. 3, 1989, 103 Stat. 824.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), is title XIII of Pub.

L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the

National Flood Insurance Act of 1968, which enacted this chapter,

amended section 2414 of this title, repealed sections 2401 to 2413

and 2415 to 2421 of this title, and enacted provisions set out as a

note under section 4001 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4001 of this title and Tables.

-MISC1-

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-137 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Upon

making the determination referred to in subsection (a) of this

section, and at least thirty days prior to implementing the program

of flood insurance authorized under subchapter I of this chapter

through the facilities of the Federal Government, the Director

shall make a report to the Congress and such report shall -

"(1) state the reasons for such determination,

"(2) be supported by pertinent findings,

"(3) indicate the extent to which it is anticipated that the

insurance industry will be utilized in providing flood insurance

coverage under the program, and

"(4) contain such recommendations as the Director deems

advisable."

1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(1), in provisions

preceding par. (1), substituted "Director" for "Secretary".

Subsec. (a)(2). Pub. L. 98-181, Sec. 451(d)(4), struck out

"officers and employees of the Department of Housing and Urban

Development, and" before "such other officers".

Pub. L. 98-181, Sec. 451(d)(1), substituted "Director" for

"Secretary".

Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4017, 4041, 4072 of this

title.

-End-

-CITE-

42 USC Sec. 4072 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part B - Government Program With Industry Assistance

-HEAD-

Sec. 4072. Adjustment and payment of claims; judicial review;

limitations; jurisdiction

-STATUTE-

In the event the program is carried out as provided in section

4071 of this title, the Director shall be authorized to adjust and

make payment of any claims for proved and approved losses covered

by flood insurance, and upon the disallowance by the Director of

any such claim, or upon the refusal of the claimant to accept the

amount allowed upon any such claim, the claimant, within one year

after the date of mailing of notice of disallowance or partial

disallowance by the Director, may institute an action against the

Director on such claim in the United States district court for the

district in which the insured property or the major part thereof

shall have been situated, and original exclusive jurisdiction is

hereby conferred upon such court to hear and determine such action

without regard to the amount in the controversy.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1341, Aug. 1, 1968, 82 Stat. 584;

Pub. L. 98-181, title IV, Sec. 451(d)(1), (5), Nov. 30, 1983, 97

Stat. 1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181, Sec. 451(d)(5), inserted "original

exclusive" before "jurisdiction".

Pub. L. 98-181, Sec. 451(d)(1), substituted "Director" for

"Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part C - General Provisions

-HEAD-

PART C - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 4081 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part C - General Provisions

-HEAD-

Sec. 4081. Services by insurance industry; contracts, agreements,

or other arrangements

-STATUTE-

(a) In administering the flood insurance program under this

subchapter, the Director is authorized to enter into any contracts,

agreements, or other appropriate arrangements which may, from time

to time, be necessary for the purpose of utilizing, on such terms

and conditions as may be agreed upon, the facilities and services

of any insurance companies or other insurers, insurance agents and

brokers, or insurance adjustment organizations; and such contracts,

agreements, or arrangements may include provision for payment of

applicable operating costs and allowances for such facilities and

services as set forth in the schedules prescribed under section

4018 of this title.

(b) Any such contracts, agreements, or other arrangements may be

entered into without regard to the provisions of section 5 of title

41 or any other provision of law requiring competitive bidding and

without regard to the provisions of the Federal Advisory Committee

Act (5 U.S.C. App.).

(c) The Director of the Federal Emergency Management Agency shall

hold any agent or broker selling or undertaking to sell flood

insurance under this chapter harmless from any judgment for damages

against such agent or broker as a result of any court action by a

policyholder or applicant arising out of an error or omission on

the part of the Federal Emergency Management Agency, and shall

provide any such agent or broker with indemnification, including

court costs and reasonable attorney fees, arising out of and caused

by an error or omission on the part of the Federal Emergency

Management Agency and its contractors. The Director of the Federal

Emergency Management Agency may not hold harmless or indemnify an

agent or broker for his or her error or omission.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1345, Aug. 1, 1968, 82 Stat. 585;

Pub. L. 97-35, title III, Sec. 341(e), Aug. 13, 1981, 95 Stat. 419;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 103-325, title V, Sec. 574, Sept. 23, 1994, 108 Stat.

2278.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (b),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-325 inserted before period at end

"and without regard to the provisions of the Federal Advisory

Committee Act (5 U.S.C. App.)".

1983 - Subsec. (a). Pub. L. 98-181 substituted "Director" for

"Secretary".

1981 - Subsec. (c). Pub. L. 97-35 added subsec. (c).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4056 of this title.

-End-

-CITE-

42 USC Sec. 4082 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part C - General Provisions

-HEAD-

Sec. 4082. Use of insurance pool, companies, or other private

organizations for certain payments

-STATUTE-

(a) Authorization to enter into contracts for certain

responsibilities

In order to provide for maximum efficiency in the administration

of the flood insurance program and in order to facilitate the

expeditious payment of any Federal funds under such program, the

Director may enter into contracts with pool formed or otherwise

created under section 4051 of this title, or any insurance company

or other private organizations, for the purpose of securing

performance by such pool, company, or organization of any or all of

the following responsibilities:

(1) estimating and later determining any amounts of payments to

be made;

(2) receiving from the Director, disbursing, and accounting for

funds in making such payments;

(3) making such audits of the records of any insurance company

or other insurer, insurance agent or broker, or insurance

adjustment organization as may be necessary to assure that proper

payments are made; and

(4) otherwise assisting in such manner as the contract may

provide to further the purposes of this chapter.

(b) Terms and conditions of contract

Any contract with the pool or an insurance company or other

private organization under this section may contain such terms and

conditions as the Director finds necessary or appropriate for

carrying out responsibilities under subsection (a) of this section,

and may provide for payment of any costs which the Director

determines are incidental to carrying out such responsibilities

which are covered by the contract.

(c) Competitive bidding

Any contract entered into under subsection (a) of this section

may be entered into without regard to section 5 of title 41 or any

other provision of law requiring competitive bidding.

(d) Findings of Director

No contract may be entered into under this section unless the

Director finds that the pool, company, or organization will perform

its obligations under the contract efficiently and effectively, and

will meet such requirements as to financial responsibility, legal

authority, and other matters as he finds pertinent.

(e) Bond; liability of certifying officers and disbursing officers

(1) Any such contract may require the pool, company, or

organization or any of its officers or employees certifying

payments or disbursing funds pursuant to the contract, or otherwise

participating in carrying out the contract, to give surety bond to

the United States in such amount as the Director may deem

appropriate.

(2) No individual designated pursuant to a contract under this

section to certify payments shall, in the absence of gross

negligence or intent to defraud the United States, be liable with

respect to any payment certified by him under this section.

(3) No officer disbursing funds shall in the absence of gross

negligence or intent to defraud the United States, be liable with

respect to any payment by him under this section if it was based

upon a voucher signed by an individual designated to certify

payments as provided in paragraph (2) of this subsection.

(f) Term of contract; renewals; termination

Any contract entered into under this section shall be for a term

of one year, and may be made automatically renewable from term to

term in the absence of notice by either party of an intention to

terminate at the end of the current term; except that the Director

may terminate any such contract at any time (after reasonable

notice to the pool, company, or organization involved) if he finds

that the pool, company, or organization has failed substantially to

carry out the contract, or is carrying out the contract in a manner

inconsistent with the efficient and effective administration of the

flood insurance program authorized under this chapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1346, Aug. 1, 1968, 82 Stat. 585;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (b), (d), (e)(1), (f). Pub. L. 98-181

substituted "Director" for "Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4056 of this title.

-End-

-CITE-

42 USC Sec. 4083 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part C - General Provisions

-HEAD-

Sec. 4083. Settlement of claims; arbitration

-STATUTE-

(a) The Director is authorized to make final settlement of any

claims or demands which may arise as a result of any financial

transactions which he is authorized to carry out under this

subchapter, and may, to assist him in making any such settlement,

refer any disputes relating to such claims or demands to

arbitration, with the consent of the parties concerned.

(b) Such arbitration shall be advisory in nature, and any award,

decision, or recommendation which may be made shall become final

only upon the approval of the Director.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1347, Aug. 1, 1968, 82 Stat. 586;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4084 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

Part C - General Provisions

-HEAD-

Sec. 4084. Records and audits

-STATUTE-

(a) The flood insurance pool formed or otherwise created under

part A of this subchapter, and any insurance company or other

private organization executing any contract, agreement, or other

appropriate arrangement with the Director under part B of this

subchapter or this part, shall keep such records as the Director

shall prescribe, including records which fully disclose the total

costs of the program undertaken or the services being rendered, and

such other records as will facilitate an effective audit.

(b) The Director and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purpose of audit and examination to any books,

documents, papers, and records of the pool and any such insurance

company or other private organization that are pertinent to the

costs of the program undertaken or the services being rendered.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1348, Aug. 1, 1968, 82 Stat. 586;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE

WITH LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE

AREAS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-End-

-CITE-

42 USC Sec. 4101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4101. Identification of flood-prone areas

-STATUTE-

(a) Publication of information; establishment of flood-risk zones;

estimates of flood-caused loss

The Director is authorized to consult with, receive information

from, and enter into any agreements or other arrangements with the

Secretaries of the Army, the Interior, Agriculture, and Commerce,

the Tennessee Valley Authority, and the heads of other Federal

departments or agencies, on a reimbursement basis, or with the head

of any State or local agency, or enter into contracts with any

persons or private firms, in order that he may -

(1) identify and publish information with respect to all flood

plain areas, including coastal areas located in the United

States, which has special flood hazards, within five years

following August 1, 1968, and

(2) establish or update flood-risk zone data in all such areas,

and make estimates with respect to the rates of probable flood

caused loss for the various flood risk zones for each of these

areas until the date specified in section 4026 of this title.

(b) Accelerated identification of flood-risk zones; authority of

Director: grants, technical assistance, transactions, and

payments

The Director is directed to accelerate the identification of risk

zones within flood-prone and mudslide-prone areas, as provided by

subsection (a)(2) of this section, in order to make known the

degree of hazard within each such zone at the earliest possible

date. To accomplish this objective, the Director is authorized,

without regard to subsections (a) and (b) of section 3324 of title

31 and section 5 of title 41, to make grants, provide technical

assistance, and enter into contracts, cooperative agreements, or

other transactions, on such terms as he may deem appropriate, or

consent to modifications thereof, and to make advance or progress

payments in connection therewith.

(c) Priority in allocation of manpower and other available

resources for identification and mapping of flood hazard areas

and flood-risk zones

The Secretary of Defense (through the Army Corps of Engineers),

the Secretary of the Interior (through the United States Geological

Survey), the Secretary of Agriculture (through the Soil

Conservation Service), the Secretary of Commerce (through the

National Oceanic and Atmospheric Administration), the head of the

Tennessee Valley Authority, and the heads of all other Federal

agencies engaged in the identification or delineation of flood-risk

zones within the several States shall, in consultation with the

Director, give the highest practicable priority in the allocation

of available manpower and other available resources to the

identification and mapping of flood hazard areas and flood-risk

zones, in order to assist the Director to meet the deadline

established by this section.

(d) Plan for bringing communities with flood-risk zones into full

program status

The Director shall, not later than September 30, 1984, submit to

the Congress a plan for bringing all communities containing

flood-risk zones into full program status by September 30, 1987.

(e) Review of flood maps

Once during each 5-year period (the 1st such period beginning on

September 23, 1994) or more often as the Director determines

necessary, the Director shall assess the need to revise and update

all floodplain areas and flood risk zones identified, delineated,

or established under this section, based on an analysis of all

natural hazards affecting flood risks.

(f) Updating flood maps

The Director shall revise and update any floodplain areas and

flood-risk zones -

(1) upon the determination of the Director, according to the

assessment under subsection (e) of this section, that revision

and updating are necessary for the areas and zones; or

(2) upon the request from any State or local government stating

that specific floodplain areas or flood-risk zones in the State

or locality need revision or updating, if sufficient technical

data justifying the request is submitted and the unit of

government making the request agrees to provide funds in an

amount determined by the Director, but which may not exceed 50

percent of the cost of carrying out the requested revision or

update.

(g) Availability of flood maps

To promote compliance with the requirements of this chapter, the

Director shall make flood insurance rate maps and related

information available free of charge to the Federal entities for

lending regulation, Federal agency lenders, State agencies directly

responsible for coordinating the national flood insurance program,

and appropriate representatives of communities participating in the

national flood insurance program, and at a reasonable cost to all

other persons. Any receipts resulting from this subsection shall be

deposited in the National Flood Insurance Fund, pursuant to section

4017(b)(6) of this title.

(h) Notification of flood map changes

The Director shall cause notice to be published in the Federal

Register (or shall provide notice by another comparable method) of

any change to flood insurance map panels and any change to flood

insurance map panels issued in the form of a letter of map

amendment or a letter of map revision. Such notice shall be

published or otherwise provided not later than 30 days after the

map change or revision becomes effective. Notice by any method

other than publication in the Federal Register shall include all

pertinent information, provide for regular and frequent

distribution, and be at least as accessible to map users as notice

in the Federal Register. All notices under this subsection shall

include information on how to obtain copies of the changes or

revisions.

(i) Compendia of flood map changes

Every 6 months, the Director shall publish separately in their

entirety within a compendium, all changes and revisions to flood

insurance map panels and all letters of map amendment and letters

of map revision for which notice was published in the Federal

Register or otherwise provided during the preceding 6 months. The

Director shall make such compendia available, free of charge, to

Federal entities for lending regulation, Federal agency lenders,

and States and communities participating in the national flood

insurance program pursuant to section 4017 of this title and at

cost to all other parties. Any receipts resulting from this

subsection shall be deposited in the National Flood Insurance Fund,

pursuant to section 4017(b)(6) of this title.

(j) Provision of information

In the implementation of revisions to and updates of flood

insurance rate maps, the Director shall share information, to the

extent appropriate, with the Under Secretary of Commerce for Oceans

and Atmosphere and representatives from State coastal zone

management programs.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1360, Aug. 1, 1968, 82 Stat. 587;

Pub. L. 93-234, title II, Sec. 204, Dec. 31, 1973, 87 Stat. 983;

Pub. L. 98-181, title IV, Sec. 451(d)(1), (6), (7), Nov. 30, 1983,

97 Stat. 1229; Pub. L. 98-479, title II, Sec. 203(j)(2), Oct. 17,

1984, 98 Stat. 2231; Pub. L. 99-120, Sec. 4(a)(3), Oct. 8, 1985, 99

Stat. 503; Pub. L. 99-156, Sec. 4(a)(3), Nov. 15, 1985, 99 Stat.

816; Pub. L. 99-219, Sec. 4(a)(3), Dec. 26, 1985, 99 Stat. 1731;

Pub. L. 99-267, Sec. 4(a)(3), Mar. 27, 1986, 100 Stat. 74; Pub. L.

99-272, title III, Sec. 3010(a)(3), Apr. 7, 1986, 100 Stat. 106;

Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L.

99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept.

30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1, Sept. 30, 1987,

101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub.

L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3,

1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21, 1987, 101 Stat.

1327; Pub. L. 100-242, title V, Sec. 541(c), Feb. 5, 1988, 101

Stat. 1939; Pub. L. 101-137, Sec. 2, Nov. 3, 1989, 103 Stat. 824;

Pub. L. 103-325, title V, Sec. 575, Sept. 23, 1994, 108 Stat.

2278.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (g), is title XIII of Pub.

L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the

National Flood Insurance Act of 1968, which enacted this chapter,

amended section 2414 of this title, repealed sections 2401 to 2413

and 2415 to 2421 of this title, and enacted provisions set out as a

note under section 4001 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4001 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsecs. (e) to (j). Pub. L. 103-325 added subsecs. (e) to

(j).

1989 - Subsec. (a)(2). Pub. L. 101-137 added par. (2) and struck

out former par. (2) which read as follows: "establish flood-risk

zones in all such areas, and make estimates with respect to the

rates of probable flood-caused loss for the various flood-risk

zones for each of these areas, by September 30, 1989."

1988 - Subsec. (a)(2). Pub. L. 100-242 substituted "September 30,

1989" for "March 15, 1988".

1987 - Subsec. (a)(2). Pub. L. 100-200 substituted "March 15,

1988" for "December 16, 1987".

Pub. L. 100-179 substituted "December 16, 1987" for "December 2,

1987".

Pub. L. 100-170 substituted "December 2, 1987" for "November 15,

1987".

Pub. L. 100-154 substituted "November 15, 1987" for "October 31,

1987".

Pub. L. 100-122 substituted "October 31, 1987" for "September 30,

1987".

1986 - Subsec. (a)(2). Pub. L. 99-430 substituted "September 30,

1987" for "September 30, 1986".

Pub. L. 99-345 substituted "September 30, 1986" for "June 6,

1986".

Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".

Pub. L. 99-272 directed amendment identical to Pub. L. 99-219

substituting "March 17, 1986" for "December 15, 1985".

Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".

1985 - Subsec. (a)(2). Pub. L. 99-219 substituted "March 17,

1986" for "December 15, 1985".

Pub. L. 99-156 substituted "December 15, 1985" for "November 14,

1985".

Pub. L. 99-120 substituted "November 14, 1985" for "September 30,

1985".

1984 - Subsec. (b). Pub. L. 98-479 substituted reference to

subsections (a) and (b) of section 3324 of title 31 for reference

to section 3648 of the Revised Statutes, as amended (31 U.S.C.

529).

1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(1), in provisions

preceding par. (1) substituted "Director" for "Secretary".

Subsec. (a)(2). Pub. L. 98-181, Sec. 451(d)(6), substituted "by

September 30, 1985" for "within fifteen years following such date".

Subsecs. (b), (c). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary" wherever appearing.

Subsec. (d). Pub. L. 98-181, Sec. 451(d)(7), added subsec. (d).

1973 - Pub. L. 93-234 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

TECHNICAL MAPPING ADVISORY COUNCIL

Section 576 of Pub. L. 103-325 provided that:

"(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 the Director of

the Federal Emergency Management Agency (in this section referred

to as the "Director"), or the Director's designee, and 10

additional members to be appointed by the Director or the

designee of the Director, who shall be -

"(A) the Under Secretary of Commerce for Oceans and

Atmosphere (or his or her designee);

"(B) a member of recognized surveying and mapping

professional associations and organizations;

"(C) a member of recognized professional engineering

associations and organizations;

"(D) a member of recognized professional associations or

organizations representing flood hazard determination firms;

"(E) a representative of the United States Geologic Survey;

"(F) a representative of State geologic survey programs;

"(G) a representative of State national flood insurance

coordination offices;

"(H) a representative of a regulated lending institution;

"(I) a representative of the Federal Home Loan Mortgage

Corporation; and

"(J) a representative of the Federal National Mortgage

Association.

"(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.

"(c) Duties. - The Council shall -

"(1) make recommendations to the Director on how to improve in

a cost-effective manner the accuracy, general quality, ease of

use, and distribution and dissemination of flood insurance rate

maps;

"(2) recommend to the Director mapping standards and guidelines

for flood insurance rate maps; and

"(3) submit an annual report to the Director 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 established pursuant to the

amendment made by section 675 [probably means section 575 of

Pub. L. 103-325, which amended this section]; and

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

Director.

"(d) 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').

"(e) 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 OMB Circular

A-16).

"(f) Compensation. - Members of the Council shall receive no

additional compensation by reason of their service on the Council.

"(g) Meetings and Actions. -

"(1) In general. - The Council shall meet not less 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 Director, or a person designated by

the Director, shall request and coordinate the initial meeting of

the Council.

"(h) Officers. - The Chairperson may appoint officers to assist

in carrying out the duties of the Council under subsection (c).

"(i) Staff of FEMA. - Upon the request of the Chairperson, the

Director may detail, on a nonreimbursable basis, personnel of the

Federal Emergency Management Agency to assist the Council in

carrying out its duties.

"(j) Powers. - In carrying out this section, the Council may hold

hearings, receive evidence and assistance, provide information, and

conduct research as it considers appropriate.

"(k) Termination. - The Council shall terminate 5 years after the

date on which all members of the Council have been appointed under

subsection (b)(1)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012a, 4013, 4014, 4015,

4017, 4104b, 4105 of this title.

-End-

-CITE-

42 USC Sec. 4102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4102. Criteria for land management and use

-STATUTE-

(a) Studies and investigations

The Director is authorized to carry out studies and

investigations, utilizing to the maximum extent practicable the

existing facilities and services of other Federal departments or

agencies, and State and local governmental agencies, and any other

organizations, with respect to the adequacy of State and local

measures in flood-prone areas as to land management and use, flood

control, flood zoning, and flood damage prevention, and may enter

into any contracts, agreements, or other appropriate arrangements

to carry out such authority.

(b) Extent of studies and investigations

Such studies and investigations shall include, but not be limited

to, laws, regulations, or ordinances relating to encroachments and

obstructions on stream channels and floodways, the orderly

development and use of flood plains of rivers or streams, floodway

encroachment lines, and flood plain zoning, building codes,

building permits, and subdivision or other building restrictions.

(c) Development of comprehensive criteria designed to encourage

adoption of adequate State and local measures

On the basis of such studies and investigations, and such other

information as he deems necessary, the Director shall from time to

time develop comprehensive criteria designed to encourage, where

necessary, the adoption of adequate State and local measures which,

to the maximum extent feasible, will -

(1) constrict the development of land which is exposed to flood

damage where appropriate,

(2) guide the development of proposed construction away from

locations which are threatened by flood hazards,

(3) assist in reducing damage caused by floods, and

(4) otherwise improve the long-range land management and use of

flood-prone areas,

and he shall work closely with and provide any necessary technical

assistance to State, interstate, and local governmental agencies,

to encourage the application of such criteria and the adoption and

enforcement of such measures.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1361, Aug. 1, 1968, 82 Stat. 587;

Pub. L. 91-152, title IV, Sec. 410(c), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (c). Pub. L. 98-181 substituted "Director"

for "Secretary".

1969 - Subsec. (c). Pub. L. 91-152 substituted provisions

requiring development of criteria designed to encourage adoption of

adequate State and local measures, for provisions requiring

development of criteria designed to encourage adoption of permanent

State and local measures.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

TASK FORCE ON NATURAL AND BENEFICIAL FUNCTIONS OF THE FLOODPLAIN

Pub. L. 103-325, title V, Sec. 562, Sept. 23, 1994, 108 Stat.

2276, provided that:

"(a) Establishment. - There is hereby established an interagency

task force to be known as the Task Force on Natural and Beneficial

Functions of the Floodplain (in this section referred to as the

'Task Force').

"(b) Membership. - The Task Force shall be composed of 5 members,

who shall be the designees of -

"(1) the Under Secretary of Commerce for Oceans and Atmosphere;

"(2) the Director of the United States Fish and Wildlife

Service;

"(3) the Administrator of the Environmental Protection Agency;

"(4) the Secretary of the Army, acting through the Chief of

Engineers; and

"(5) the Director of the Federal Emergency Management Agency.

"(c) Duties. - The Task Force shall -

"(1) conduct a study to -

"(A) identify the natural and beneficial functions of the

floodplain that reduce flood-related losses; and

"(B) develop recommendations on how to reduce flood losses by

protecting the natural and beneficial functions of the

floodplain; and

"(2) make the information and recommendations under

subparagraphs (A) and (B) publicly available.

"(d) Noncompensation. - Members of the Task Force shall receive

no additional pay by reason of their service on the Task Force.

"(e) Chairperson. - The members of the Task Force shall elect one

member as chairperson of the Task Force.

"(f) Meetings and Action. - The Task Force shall meet at the call

of the chairperson or a majority of the members of the Task Force

and may take action by a vote of the majority of the members. The

Federal Insurance Administrator shall coordinate and call the

initial meeting of the Task Force.

"(g) Officers. - The chairperson of the Task Force may appoint

any officers to carry out the duties of the Task Force under

subsection (c).

"(h) Staff of Federal Agencies. - Upon request of the chairperson

of the Task Force, the head of any of the Federal agencies and

entities referred to under subsection (b) may detail, on a

nonreimbursable basis, any of the personnel of such agency to the

Task Force to assist the Task Force in carrying out its duties

under this section.

"(i) Powers. - In carrying out this section, the Task Force may

hold hearings, sit and act at times and places, take testimony,

receive evidence and assistance, provide information, and conduct

research as the Task Force considers appropriate.

"(j) Termination. - The Task Force shall terminate upon the

expiration of the 24-month period beginning upon the designation of

the last member to be designated under subsection (b)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4011, 4012, 4022, 4104,

4104c of this title.

-End-

-CITE-

42 USC Sec. 4103 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4103. Repealed. Pub. L. 103-325, title V, Sec. 551(a), Sept.

23, 1994, 108 Stat. 2269

-MISC1-

Section, Pub. L. 90-448, title XIII, Sec. 1362, Aug. 1, 1968, 82

Stat. 588; Pub. L. 95-128, title VII, Sec. 704(b), Oct. 12, 1977,

91 Stat. 1145; Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30,

1983, 97 Stat. 1229, related to purchase, by Director, of insured

properties damaged substantially beyond repair by flood, for

subsequent transfer to State or local agency upon negotiated

conditions.

SAVINGS PROVISION

Section 551(c) of Pub. L. 103-325 provided that: "Notwithstanding

subsection (a) [repealing this section], the Director shall take

any action necessary to comply with any purchase or loan commitment

entered into before the expiration of the period referred to in

subsection (b) [set out below] pursuant to authority under section

1362 of the National Flood Insurance Act of 1968 [this section] or

subsection (b)."

TRANSITION PHASE

Section 551(b) of Pub. L. 103-325 provided that: "Notwithstanding

subsection (a) [repealing this section], during the 1-year period

beginning on the date of enactment of this Act [Sept. 23, 1994],

the Director of the Federal Emergency Management Agency may enter

into loan and purchase commitments as provided under section 1362

of the National Flood Insurance Act of 1968 [this section] (as in

effect immediately before the enactment of this Act)."

-End-

-CITE-

42 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4104. Flood elevation determinations

-STATUTE-

(a) Publication or notification of proposed flood elevation

determinations

In establishing projected flood elevations for land use purposes

with respect to any community pursuant to section 4102 of this

title, the Director shall first propose such determinations by

publication for comment in the Federal Register, by direct

notification to the chief executive officer of the community, and

by publication in a prominent local newspaper.

(b) Publication of flood elevation determinations; appeal of owner

or lessee to local government; scientific or technical knowledge

or information as basis for appeal; modification of proposed

determinations

The Director shall publish notification of flood elevation

determinations in a prominent local newspaper at least twice during

the ten-day period following notification to the local government.

During the ninety-day period following the second publication, any

owner or lessee of real property within the community who believes

his property rights to be adversely affected by the Director's

proposed determination may appeal such determination to the local

government. The sole basis for such appeal shall be the possession

of knowledge or information indicating that the elevations being

proposed by the Director with respect to an identified area having

special flood hazards are scientifically or technically incorrect,

and the sole relief which shall be granted under the authority of

this section in the event that such appeal is sustained in

accordance with subsection (e) or (f) of this section is a

modification of the Director's proposed determination accordingly.

(c) Appeals by private persons; submission of negativing or

contradicting data to community; opinion of community respecting

justification for appeal by community; transmission of individual

appeals to Director; filing of community action with Director

Appeals by private persons shall be made to the chief executive

officer of the community, or to such agency as he shall publicly

designate, and shall set forth the data that tend to negate or

contradict the Director's finding in such form as the chief

executive officer may specify. The community shall review and

consolidate all such appeals and issue a written opinion stating

whether the evidence presented is sufficient to justify an appeal

on behalf of such persons by the community in its own name. Whether

or not the community decides to appeal the Director's

determination, copies of individual appeals shall be sent to the

Director as they are received by the community, and the community's

appeal or a copy of its decision not to appeal shall be filed with

the Director not later than ninety days after the date of the

second newspaper publication of the Director's notification.

(d) Administrative review of appeals by private persons;

modification of proposed determinations; decision of Director:

form and distribution

In the event the Director does not receive an appeal from the

community within the ninety days provided, he shall consolidate and

review on their own merits, in accordance with the procedures set

forth in subsection (e) of this section, the appeals filed within

the community by private persons and shall make such modifications

of his proposed determinations as may be appropriate, taking into

account the written opinion, if any, issued by the community in not

supporting such appeals. The Director's decision shall be in

written form, and copies thereof shall be sent both to the chief

executive officer of the community and to each individual

appellant.

(e) Administrative review of appeals by community; agencies for

resolution of conflicting data; availability of flood insurance

pending such resolution; time for determination of Director;

community adoption of local land use and control measures within

reasonable time of final determination; public inspection and

admissibility in evidence of reports and other administrative

information

Upon appeal by any community, as provided by this section, the

Director shall review and take fully into account any technical or

scientific data submitted by the community that tend to negate or

contradict the information upon which his proposed determination is

based. The Director shall resolve such appeal by consultation with

officials of the local government involved, by administrative

hearing, or by submission of the conflicting data to an independent

scientific body or appropriate Federal agency for advice. Until the

conflict in data is resolved, and the Director makes a final

determination on the basis of his findings in the Federal Register,

and so notifies the governing body of the community, flood

insurance previously available within the community shall continue

to be available, and no person shall be denied the right to

purchase such insurance at chargeable rates. The Director shall

make his determination within a reasonable time. The community

shall be given a reasonable time after the Director's final

determination in which to adopt local land use and control measures

consistent with the Director's determination. The reports and other

information used by the Director in making his final determination

shall be made available for public inspection and shall be

admissible in a court of law in the event the community seeks

judicial review as provided by this section.

(f) Reimbursement of certain expenses; appropriation authorization

When, incident to any appeal under subsection (b) or (c) of this

section, the owner or lessee of real property or the community, as

the case may be, incurs expense in connection with the services of

surveyors, engineers, or similar services, but not including legal

services, in the effecting of an appeal which is successful in

whole or part, the Director shall reimburse such individual or

community to an extent measured by the ratio of the successful

portion of the appeal as compared to the entire appeal and applying

such ratio to the reasonable value of all such services, but no

reimbursement shall be made by the Director in respect to any fee

or expense payment, the payment of which was agreed to be

contingent upon the result of the appeal. There is authorized to be

appropriated for purposes of implementing this subsection, not to

exceed $250,000.

(g) Judicial review of final administrative determinations; venue;

time for appeal; scope of review; good cause for stay of final

determinations

Any appellant aggrieved by any final determination of the

Director upon administrative appeal, as provided by this section,

may appeal such determination to the United States district court

for the district within which the community is located not more

than sixty days after receipt of notice of such determination. The

scope of review by the court shall be as provided by chapter 7 of

title 5. During the pendency of any such litigation, all final

determinations of the Director shall be effective for the purposes

of this chapter unless stayed by the court for good cause shown.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1363, as added Pub. L. 93-234,

title I, Sec. 110, Dec. 31, 1973, 87 Stat. 980; amended Pub. L.

95-128, title VII, Sec. 704(c), Oct. 12, 1977, 91 Stat. 1146; Pub.

L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary" and

"Director's" for "Secretary's" wherever appearing.

1977 - Subsecs. (f), (g). Pub. L. 95-128 added subsec. (f) and

redesignated former subsec. (f) as (g).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4104a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4104a. Notice requirements

-STATUTE-

(a) Notification of special flood hazards

(1) Regulated lending institutions

Each Federal entity for lending regulation (after consultation

and coordination with the Financial Institutions Examination

Council) shall by regulation require regulated lending

institutions, as a condition of making, increasing, extending, or

renewing any loan secured by improved real estate or a mobile

home that the regulated lending institution determines is located

or is to be located in an area that has been identified by the

Director under this chapter or the Flood Disaster Protection Act

of 1973 as an area having special flood hazards, to notify the

purchaser or lessee (or obtain satisfactory assurances that the

seller or lessor has notified the purchaser or lessee) and the

servicer of the loan of such special flood hazards, in writing, a

reasonable period in advance of the signing of the purchase

agreement, lease, or other documents involved in the transaction.

The regulations shall also require that the regulated lending

institution retain a record of the receipt of the notices by the

purchaser or lessee and the servicer.

(2) Federal agency lenders

Each Federal agency lender shall by regulation require

notification in the manner provided under paragraph (1) with

respect to any loan that is made by the Federal agency lender and

secured by improved real estate or a mobile home located or to be

located in an area that has been identified by the Director under

this chapter or the Flood Disaster Protection Act of 1973 as an

area having special flood hazards. Any regulations issued under

this paragraph shall be consistent with and substantially

identical to the regulations issued under paragraph (1).

(3) Contents of notice

Written notification required under this subsection shall

include -

(A) a warning, in a form to be established by the Director,

stating that the building on the improved real estate securing

the loan is located, or the mobile home securing the loan is or

is to be located, in an area having special flood hazards;

(B) a description of the flood insurance purchase

requirements under section 102(b) of the Flood Disaster

Protection Act of 1973 [42 U.S.C. 4012a(b)];

(C) a statement that flood insurance coverage may be

purchased under the national flood insurance program and is

also available from private insurers; and

(D) any other information that the Director considers

necessary to carry out the purposes of the national flood

insurance program.

(b) Notification of change of servicer

(1) Lending institutions

Each Federal entity for lending regulation (after consultation

and coordination with the Financial Institutions Examination

Council) shall by regulation require regulated lending

institutions, in connection with the making, increasing,

extending, renewing, selling, or transferring any loan described

in subsection (a)(1) of this section, to notify the Director (or

the designee of the Director) in writing during the term of the

loan of the servicer of the loan. Such institutions shall also

notify the Director (or such designee) of any change in the

servicer of the loan, not later than 60 days after the effective

date of such change. The regulations under this subsection shall

provide that upon any change in the servicing of a loan, the duty

to provide notification under this subsection shall transfer to

the transferee servicer of the loan.

(2) Federal agency lenders

Each Federal agency lender shall by regulation provide for

notification in the manner provided under paragraph (1) with

respect to any loan described in subsection (a)(1) of this

section that is made by the Federal agency lender. Any

regulations issued under this paragraph shall be consistent with

and substantially identical to the regulations issued under

paragraph (1) of this subsection.

(c) Notification of expiration of insurance

The Director (or the designee of the Director) shall, not less

than 45 days before the expiration of any contract for flood

insurance under this chapter, issue notice of such expiration by

first class mail to the owner of the property covered by the

contract, the servicer of any loan secured by the property covered

by the contract, and (if known to the Director) the owner of the

loan.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1364, as added Pub. L. 93-383,

title VIII, Sec. 816(a), Aug. 22, 1974, 88 Stat. 739; amended Pub.

L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 103-325, title V, Sec. 527, Sept. 23, 1994, 108 Stat.

2263.)

-REFTEXT-

REFERENCES IN TEXT

The Flood Disaster Protection Act of 1973, referred to in subsec.

(a)(1), (2), is Pub. L. 93-234, Dec. 31, 1973, 87 Stat. 975, as

amended, which enacted sections 4002, 4003, 4012a, 4104, 4104a,

4105 to 4107, and 4128 of this title, amended sections 4001, 4013

to 4016, 4026, 4054, 4056, 4101, and 4121 of this title and

sections 24 and 1709-1 of Title 12, Banks and Banking, repealed

section 4021 of this title, and enacted provision set out as a note

under section 4001 of this title. For complete classification of

this Act to the Code, see Short Title of 1973 Amendment note set

out under section 4001 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-325 amended section generally. Prior to

amendment, section read as follows: "Each Federal instrumentality

responsible for the supervision, approval, regulation, or insuring

of banks, savings and loan associations, or similar institutions

shall by regulation require such institutions, as a condition of

making, increasing, extending, or renewing (after the expiration of

thirty days following August 22, 1974) any loan secured by improved

real estate or a mobile home located or to be located in an area

that has been identified by the Director under this chapter or

Public Law 93-234 as an area having special flood hazards, to

notify the purchaser or lessee (or obtain satisfactory assurances

that the seller or lessor has notified the purchaser or lessee) of

such special flood hazards, in writing, a reasonable period in

advance of the signing of the purchase agreement, lease, or other

documents involved in the transaction."

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012a, 4106 of this

title.

-End-

-CITE-

42 USC Sec. 4104b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4104b. Standard hazard determination forms

-STATUTE-

(a) Development

The Director, in consultation with representatives of the

mortgage and lending industry, the Federal entities for lending

regulation, the Federal agency lenders, and any other appropriate

individuals, shall develop a standard form for determining, in the

case of a loan secured by improved real estate or a mobile home,

whether the building or mobile home is located in an area

identified by the Director as an area having special flood hazards

and in which flood insurance under this chapter is available. The

form shall be established by regulations issued not later than 270

days after September 23, 1994.

(b) Design and contents

(1) Purpose

The form under subsection (a) of this section shall be designed

to facilitate compliance with the flood insurance purchase

requirements of this chapter.

(2) Contents

The form shall require identification of the type of flood-risk

zone in which the building or mobile home is located, the

complete map and panel numbers for the improved real estate or

property on which the mobile home is located, the community

identification number and community participation status (for

purposes of the national flood insurance program) of the

community in which the improved real estate or such property is

located, and the date of the map used for the determination, with

respect to flood hazard information on file with the Director. If

the building or mobile home is not located in an area having

special flood hazards the form shall require a statement to such

effect and shall indicate the complete map and panel numbers of

the improved real estate or property on which the mobile home is

located. If the complete map and panel numbers are not available

because the building or mobile home is not located in a community

that is participating in the national flood insurance program or

because no map exists for the relevant area, the form shall

require a statement to such effect. The form shall provide for

inclusion or attachment of any relevant documents indicating

revisions or amendments to maps.

(c) Required use

The Federal entities for lending regulation shall by regulation

require the use of the form under this section by regulated lending

institutions. Each Federal agency lender shall by regulation

provide for the use of the form with respect to any loan made by

such Federal agency lender. The Federal National Mortgage

Association and the Federal Home Loan Mortgage Corporation and the

Government National Mortgage Association shall require the use of

the form with respect to any loan purchased by such entities. A

lender or other person may comply with the requirement under this

subsection by using the form in a printed, computerized, or

electronic manner.

(d) Guarantees regarding information

In providing information regarding special flood hazards on the

form developed under this section, any lender (or other person

required to use the form) who makes, increases, extends, or renews

a loan secured by improved real estate or a mobile home may provide

for the acquisition or determination of such information to be made

by a person other than such lender (or other person), only to the

extent such person guarantees the accuracy of the information.

(e) Reliance on previous determination

Any person increasing, extending, renewing, or purchasing a loan

secured by improved real estate or a mobile home may rely on a

previous determination of whether the building or mobile home is

located in an area having special flood hazards (and shall not be

liable for any error in such previous determination), if the

previous determination was made not more than 7 years before the

date of the transaction and the basis for the previous

determination has been set forth on a form under this section,

unless -

(1) map revisions or updates pursuant to section 4101(f) of

this title after such previous determination have resulted in the

building or mobile home being located in an area having special

flood hazards; or

(2) the person contacts the Director to determine when the most

recent map revisions or updates affecting such property occurred

and such revisions and updates have occurred after such previous

determination.

(f) Effective date

The regulations under this section requiring use of the form

established pursuant to this section shall be issued together with

the regulations required under subsection (a) of this section and

shall take effect upon the expiration of the 180-day period

beginning on such issuance.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1365, as added Pub. L. 103-325,

title V, Sec. 528, Sept. 23, 1994, 108 Stat. 2264.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4104c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4104c. Mitigation assistance

-STATUTE-

(a) Authority

The Director shall carry out a program to provide financial

assistance to States and communities, using amounts made available

from the National Flood Mitigation Fund under section 4104d of this

title, for planning and carrying out activities designed to reduce

the risk of flood damage to structures covered under contracts for

flood insurance under this chapter. Such financial assistance shall

be made available to States and communities in the form of grants

under subsection (b) of this section for planning assistance and in

the form of grants under this section for carrying out mitigation

activities.

(b) Planning assistance grants

(1) In general

The Director may make grants under this subsection to States

and communities to assist in developing mitigation plans under

subsection (c) of this section.

(2) Funding

Of any amounts made available from the National Flood

Mitigation Fund for use under this section in any fiscal year,

the Director may use not more than $1,500,000 to provide planning

assistance grants under this subsection.

(3) Limitations

(A) Timing

A grant under this subsection may be awarded to a State or

community not more than once every 5 years and each grant may

cover a period of 1 to 3 years.

(B) Single grantee amount

A grant for planning assistance may not exceed -

(i) $150,000, to any State; or

(ii) $50,000, to any community.

(C) Cumulative State grant amount

The sum of the amounts of grants made under this subsection

in any fiscal year to any one State and all communities located

in such State may not exceed $300,000.

(c) Eligibility for mitigation assistance

To be eligible to receive financial assistance under this section

for mitigation activities, a State or community shall develop, and

have approved by the Director, a flood risk mitigation plan (in

this section referred to as a "mitigation plan"), that describes

the mitigation activities to be carried out with assistance

provided under this section, is consistent with the criteria

established by the Director under section 4102 of this title, and

provides protection against flood losses to structures for which

contracts for flood insurance are available under this chapter. The

mitigation plan shall be consistent with a comprehensive strategy

for mitigation activities for the area affected by the mitigation

plan, that has been adopted by the State or community following a

public hearing.

(d) Notification of approval and grant award

(1) In general

The Director shall notify a State or community submitting a

mitigation plan of the approval or disapproval of the plan not

later than 120 days after submission of the plan.

(2) Notification of disapproval

If the Director does not approve a mitigation plan submitted

under this subsection, the Director shall notify, in writing, the

State or community submitting the plan of the reasons for such

disapproval.

(e) Eligible mitigation activities

(1) Use of amounts

Amounts provided under this section (other than under

subsection (b) of this section) may be used only for mitigation

activities specified in a mitigation plan approved by the

Director under subsection (d) of this section. The Director shall

provide assistance under this section to the extent amounts are

available in the National Flood Mitigation Fund pursuant to

appropriation Acts, subject only to the absence of approvable

mitigation plans.

(2) Determination of eligible plans

The Director may approve only mitigation plans that specify

mitigation activities that the Director determines are

technically feasible and cost-effective and only such plans that

propose activities that are cost-beneficial to the National Flood

Mitigation Fund.

(3) Standard for approval

The Director shall approve mitigation plans meeting the

requirements for approval under paragraph (1) that will be most

cost-beneficial to the National Flood Mitigation Fund.

(4) Priority

The Director shall make every effort to provide mitigation

assistance under this section for mitigation plans proposing

activities for repetitive loss structures and structures that

have incurred substantial damage.

(5) Eligible activities

The Director shall determine whether mitigation activities

described in a mitigation plan submitted under subsection (d) of

this section comply with the requirements under paragraph (1).

Such activities may include -

(A) demolition or relocation of any structure located on land

that is along the shore of a lake or other body of water and is

certified by an appropriate State or local land use authority

to be subject to imminent collapse or subsidence as a result of

erosion or flooding;

(B) elevation, relocation, demolition, or floodproofing of

structures (including public structures) located in areas

having special flood hazards or other areas of flood risk;

(C) acquisition by States and communities of properties

(including public properties) located in areas having special

flood hazards or other areas of flood risk and properties

substantially damaged by flood, for public use, as the Director

determines is consistent with sound land management and use in

such area;

(D) minor physical mitigation efforts that do not duplicate

the flood prevention activities of other Federal agencies and

that lessen the frequency or severity of flooding and decrease

predicted flood damages, which shall not include major flood

control projects such as dikes, levees, seawalls, groins, and

jetties unless the Director specifically determines in

approving a mitigation plan that such activities are the most

cost-effective mitigation activities for the National Flood

Mitigation Fund;

(E) beach nourishment activities;

(F) the provision of technical assistance by States to

communities and individuals to conduct eligible mitigation

activities;

(G) other activities that the Director considers appropriate

and specifies in regulation; and

(H) other mitigation activities not described in

subparagraphs (A) through (F) or the regulations issued under

subparagraph (G), that are described in the mitigation plan of

a State or community.

(f) Limitations on amount of assistance

(1) Amount

The sum of the amounts of mitigation assistance provided under

this section during any 5-year period may not exceed -

(A) $10,000,000, to any State; or

(B) $3,300,000, to any community.

(2) Geographic

The sum of the amounts of mitigation assistance provided under

this section during any 5-year period to any one State and all

communities located in such State may not exceed $20,000,000.

(3) Waiver

The Director may waive the dollar amount limitations under

paragraphs (1) and (2) for any State or community for any 5-year

period during which a major disaster or emergency declared by the

President (pursuant to the Robert T. Stafford Disaster Relief and

Emergency Assistance Act [42 U.S.C. 5121 et seq.]) as a result of

flood conditions is in effect with respect to areas in the State

or community.

(g) Matching requirement

(1) In general

The Director may not provide mitigation assistance under this

section to a State or community in an amount exceeding 3 times

the amount that the State or community certifies, as the Director

shall require, that the State or community will contribute from

non-Federal funds to develop a mitigation plan under subsection

(c) of this section and to carry out mitigation activities under

the approved mitigation plan. In no case shall any in-kind

contribution by any State or community exceed one-half of the

amount of non-Federal funds contributed by the State or

community.

(2) Non-Federal funds

For purposes of this subsection, the term "non-Federal funds"

includes State or local agency funds, in-kind contributions, any

salary paid to staff to carry out the mitigation activities of

the recipient, the value of the time and services contributed by

volunteers to carry out such activities (at a rate determined by

the Director), and the value of any donated material or building

and the value of any lease on a building.

(h) Oversight of mitigation plans

The Director shall conduct oversight of recipients of mitigation

assistance under this section to ensure that the assistance is used

in compliance with the approved mitigation plans of the recipients

and that matching funds certified under subsection (g) of this

section are used in accordance with such certification.

(i) Recapture

(1) Noncompliance with plan

If the Director determines that a State or community that has

received mitigation assistance under this section has not carried

out the mitigation activities as set forth in the mitigation

plan, the Director shall recapture any unexpended amounts and

deposit the amounts in the National Flood Mitigation Fund under

section 4104d of this title.

(2) Failure to provide matching funds

If the Director determines that a State or community that has

received mitigation assistance under this section has not

provided matching funds in the amount certified under subsection

(g) of this section, the Director shall recapture any unexpended

amounts of mitigation assistance exceeding 3 times the amount of

such matching funds actually provided and deposit the amounts in

the National Flood Mitigation Fund under section 4104d of this

title.

(j) Reports

Not later than 1 year after September 23, 1994, and biennially

thereafter, the Director shall submit a report to the Congress

describing the status of mitigation activities carried out with

assistance provided under this section.

(k) "Community" defined

For purposes of this section, the term "community" means -

(1) a political subdivision that (A) has zoning and building

code jurisdiction over a particular area having special flood

hazards, and (B) is participating in the national flood insurance

program; or

(2) a political subdivision of a State, or other authority,

that is designated to develop and administer a mitigation plan by

political subdivisions, all of which meet the requirements of

paragraph (1).

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1366, as added Pub. L. 103-325,

title V, Sec. 553(a), Sept. 23, 1994, 108 Stat. 2270.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (f)(3), is Pub. L. 93-288, May 22,

1974, 88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5121 of this title and Tables.

-MISC1-

REGULATIONS

Section 553(b) of Pub. L. 103-325 provided that: "Not later than

6 months after the date of enactment of this Act [Sept. 23, 1994],

the Director of the Federal Emergency Management Agency shall issue

regulations to carry out section 1366 of the National Flood

Insurance Act of 1968 [42 U.S.C. 4104c], as added by subsection

(a)."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4022, 4104d of this

title.

-End-

-CITE-

42 USC Sec. 4104d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4104d. National Flood Mitigation Fund

-STATUTE-

(a) Establishment and availability

The Director shall establish in the Treasury of the United States

a fund to be known as the National Flood Mitigation Fund, which

shall be credited with amounts described in subsection (b) of this

section and shall be available, to the extent provided in

appropriation Acts, for providing assistance under section 4104c of

this title.

(b) Credits

The National Flood Mitigation Fund shall be credited with -

(1) amounts from the National Flood Insurance Fund, in amounts

not exceeding -

(A) $10,000,000 in the fiscal year ending September 30, 1994;

(B) $15,000,000 in the fiscal year ending September 30, 1995;

(C) $20,000,000 in the fiscal year ending September 30, 1996;

and

(D) $20,000,000 in each fiscal year thereafter;

(2) any penalties collected under section 4012a(f) of this

title; and

(3) any amounts recaptured under section 4104c(i) of this

title.

(c) Investment

If the Director determines that the amounts in the National Flood

Mitigation Fund are in excess of amounts needed under subsection

(a) of this section, the Director may invest any excess amounts the

Director determines advisable in interest-bearing obligations

issued or guaranteed by the United States.

(d) Report

The Director shall submit a report to the Congress not later than

the expiration of the 1-year period beginning on September 23,

1994, and not less than once during each successive 2-year period

thereafter. The report shall describe the status of the Fund and

any activities carried out with amounts from the Fund.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1367, as added Pub. L. 103-325,

title V, Sec. 554(a), Sept. 23, 1994, 108 Stat. 2273.)

-COD-

CODIFICATION

September 23, 1994, referred to in subsec. (d), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 103-325, which enacted

this section, to reflect the probable intent of Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012a, 4017, 4104c of

this title.

-End-

-CITE-

42 USC Sec. 4105 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4105. Disaster mitigation requirements; notification to

flood-prone areas

-STATUTE-

(a) Initial notification

Not later than six months following December 31, 1973, the

Director shall publish information in accordance with section

4101(1) of this title, and shall notify the chief executive officer

of each known flood-prone community not already participating in

the national flood insurance program of its tentative

identification as a community containing one or more areas having

special flood hazards.

(b) Alternative actions of tentatively identified communities;

public hearing; opportunity for submission of evidence; finality

of administrative determination of existence or extent of flood

hazard area

After such notification, each tentatively identified community

shall either (1) promptly make proper application to participate in

the national flood insurance program or (2) within six months

submit technical data sufficient to establish to the satisfaction

of the Director that the community either is not seriously flood

prone or that such flood hazards as may have existed have been

corrected by flood-works or other flood control methods. The

Director may, in his discretion, grant a public hearing to any

community with respect to which conflicting data exist as to the

nature and extent of a flood hazard. If the Director decides not to

hold a hearing, the community shall be given an opportunity to

submit written and documentary evidence. Whether or not such

hearing is granted, the Director's final determination as to the

existence or extent of a flood hazard area in a particular

community shall be deemed conclusive for the purposes of this Act

if supported by substantial evidence in the record considered as a

whole.

(c) Subsequent notification to additional communities known to be

flood prone areas

As information becomes available to the Director concerning the

existence of flood hazards in communities not known to be flood

prone at the time of the initial notification provided for by

subsection (a) of this section he shall provide similar

notifications to the chief executive officers of such additional

communities, which shall then be subject to the requirements of

subsection (b) of this section.

(d) Provisions of section 4106 applicable to flood-prone

communities disqualified for flood insurance program

Formally identified flood-prone communities that do not qualify

for the national flood insurance program within one year after such

notification or by the date specified in section 4106 of this

title, whichever is later, shall thereafter be subject to the

provisions of that section relating to flood-prone communities

which are not participating in the program.

(e) Administrative procedures; establishment; reimbursement of

certain expenses; appropriation authorization

The Director is authorized to establish administrative procedures

whereby the identification under this section of one or more areas

in the community as having special flood hazards may be appealed to

the Director by the community or any owner or lessee of real

property within the community who believes his property has been

inadvertently included in a special flood hazard area by the

identification. When, incident to any appeal under this subsection,

the owner or lessee of real property or the community, as the case

may be, incurs expense in connection with the services of

surveyors, engineers, or similar services, but not including legal

services, in the effecting of an appeal which is successful in

whole or part, the Director shall reimburse such individual or

community to an extent measured by the ratio of the successful

portion of the appeal as compared to the entire appeal and applying

such ratio to the reasonable value of all such services, but no

reimbursement shall be made by the Director in respect to any fee

or expense payment, the payment of which was agreed to be

contingent upon the result of the appeal. There is authorized to be

appropriated for purposes of implementing this subsection not to

exceed $250,000.

-SOURCE-

(Pub. L. 93-234, title II, Sec. 201, Dec. 31, 1973, 87 Stat. 982;

Pub. L. 95-128, title VII, Sec. 704(d), Oct. 12, 1977, 91 Stat.

1146; Pub. L. 98-181, title IV, Sec. 451(e)(1), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 98-479, title II, Sec. 204(j), Oct. 17, 1984,

98 Stat. 2233.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), means Pub. L. 93-234, Dec.

31, 1973, 87 Stat. 975, as amended, known as the Flood Disaster

Protection Act of 1973. For complete classification of this Act to

the Code, see Short Title of 1973 Amendment note set out under

section 4001 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1984 - Subsec. (e). Pub. L. 98-479 struck out quotation marks

before "$250,000".

1983 - Subsecs. (a) to (c), (e). Pub. L. 98-181 substituted

"Director" for "Secretary" and "Director's" for "Secretary's"

wherever appearing.

1977 - Subsec. (e). Pub. L. 95-128 added subsec. (e).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4106 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4106. Nonparticipation in flood insurance program

-STATUTE-

(a) Prohibition against Federal approval of financial assistance

No Federal officer or agency shall approve any financial

assistance for acquisition or construction purposes on and after

July 1, 1975, for use in any area that has been identified by the

Director as an area having special flood hazards unless the

community in which such area is situated is then participating in

the national flood insurance program.

(b) Notification of purchaser or lessee of property in flood hazard

area of availability of Federal disaster relief assistance in

event of a flood disaster

In addition to the requirements of section 4104a of this title,

each Federal entity for lending regulation shall by regulation

require the regulated lending institutions described in such

section, and each Federal agency lender shall issue regulations

requiring the Federal agency lender, described in such section to

notify (as a condition of making, increasing, extending, or

renewing any loan secured by property described in such section)

the purchaser or lessee of such property of whether, in the event

of a disaster caused by flood to such property, Federal disaster

relief assistance will be available to such property.

-SOURCE-

(Pub. L. 93-234, title II, Sec. 202, Dec. 31, 1973, 87 Stat. 982;

Pub. L. 94-50, title III, Sec. 303, July 2, 1975, 89 Stat. 256;

Pub. L. 94-198, Dec. 31, 1975, 89 Stat. 1116; Pub. L. 94-375, Sec.

14(a), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95-128, title VII, Sec.

703(a), Oct. 12, 1977, 91 Stat. 1144; Pub. L. 98-181, title IV,

Sec. 451(e)(1), Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103-325,

title V, Sec. 511(b), Sept. 23, 1994, 108 Stat. 2256.)

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-325 substituted "Federal entity

for lending regulation shall by regulation require the regulated

lending institutions described in such section, and each Federal

agency lender shall issue regulations requiring the Federal agency

lender," for "Federal instrumentality described in such section

shall by regulation require the institutions".

1983 - Subsec. (a). Pub. L. 98-181 substituted "Director" for

"Secretary".

1977 - Subsec. (b). Pub. L. 95-128 substituted provisions

respecting notification of purchaser or lessee of property in flood

hazards area of availability of Federal disaster relief assistance

in the event of a flood disaster for prior provisions relating to:

Federal regulations against loans by financial institutions,

unaffected pre-March 1, 1976, residences, small business concerns,

improvements under $5,000 and nonresidential farm improvement.

1976 - Subsec. (b). Pub. L. 94-375 incorporated provision

regarding any loan made prior to March 1, 1976, to finance the

acquisition of a previously occupied residential dwelling into cl.

(1) as so designated, added remainder of cl. (1), and cls. (2) to

(4).

1975 - Subsec. (b). Pub. L. 94-198 substituted "March 1, 1976"

for "January 1, 1976".

Pub. L. 94-50 inserted provision excepting from the prohibition

of this section any loan made prior to January 1, 1976, to finance

the acquisition of a previously occupied residential dwelling.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

FLOODPLAIN MANAGEMENT

For provisions relating to the reduction of the risk of flood

loss, the minimization of the impact of floods on human safety,

health and welfare, and the management of floodplains, see Ex. Ord.

No. 11988, May 24, 1977, 42 F.R. 26951 set out as a note under

section 4321 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4105 of this title.

-End-

-CITE-

42 USC Sec. 4107 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-

Sec. 4107. Consultation with local officials; scope

-STATUTE-

In carrying out his responsibilities under the provisions of this

title (!1) and the National Flood Insurance Act of 1968 [42 U.S.C.

4001 et seq.] which relate to notification to and identification of

flood-prone areas and the application of criteria for land

management and use, including criteria derived from data reflecting

new developments that may indicate the desirability of modifying

elevations based on previous flood studies, the Director shall

establish procedures assuring adequate consultation with the

appropriate elected officials of general purpose local governments,

including but not limited to those local governments whose prior

eligibility under the program has been suspended. Such consultation

shall include, but not be limited to, fully informing local

officials at the commencement of any flood elevation study or

investigation undertaken by any agency on behalf of the Director

concerning the nature and purpose of the study, the areas involved,

the manner in which the study is to be undertaken, the general

principles to be applied, and the use to be made of the data

obtained. The Director shall encourage local officials to

disseminate information concerning such study widely within the

community, so that interested persons will have an opportunity to

bring all relevant facts and technical data concerning the local

flood hazard to the attention of the agency during the course of

the study.

-SOURCE-

(Pub. L. 93-234, title II, Sec. 206, Dec. 31, 1973, 87 Stat. 983;

Pub. L. 98-181, title IV, Sec. 451(e)(1), Nov. 30, 1983, 97 Stat.

1229.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, means title II of Pub. L.

93-234, Dec. 31, 1973, 87 Stat. 975, as amended, which enacted

sections 4105 to 4107 and 4128 of this title and amended section

4101 of this title and sections 24 and 1709-1 of Title 12, Banks

and Banking. For complete classification of this Act to the Code,

see Short Title of 1973 Amendment note set out under section 4001

of this title and Tables.

The National Flood Insurance Act of 1968, referred to in text, is

title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as

amended, which is classified principally to this chapter (Sec. 4001

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 4001 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 4121 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4121. Definitions

-STATUTE-

(a) As used in this chapter -

(1) the term "flood" shall have such meaning as may be

prescribed in regulations of the Director, and may include

inundation from rising waters or from the overflow of streams,

rivers, or other bodies of water, or from tidal surges,

abnormally high tidal water, tidal waves, tsunamis, hurricanes,

or other severe storms or deluge;

(2) the terms "United States" (when used in a geographic sense)

and "State" includes the several States, the District of

Columbia, the territories and possessions, the Commonwealth of

Puerto Rico, and the Trust Territory of the Pacific Islands;

(3) the terms "Insurance company", "other insurer" and

"insurance agent or broker" include any organizations and persons

authorized to engage in the insurance business under the laws of

any State;

(4) the term "insurance adjustment organization" includes any

organizations and persons engaged in the business of adjusting

loss claims arising under insurance policies issued by any

insurance company or other insurer;

(5) the term "person" includes any individual or group of

individuals, corporation, partnership, association, or any other

organized group of persons, including State and local governments

and agencies thereof;

(6) the term "Director" means the Director of the Federal

Emergency Management Agency;

(7) the term "repetitive loss structure" means a structure

covered by a contract for flood insurance under this chapter that

has incurred flood-related damage on 2 occasions during a 10-year

period ending on the date of the event for which a second claim

is made, in which the cost of repair, on the average, equaled or

exceeded 25 percent of the value of the structure at the time of

each such flood event;

(8) the term "Federal agency lender" means a Federal agency

that makes direct loans secured by improved real estate or a

mobile home, to the extent such agency acts in such capacity;

(9) the term "Federal entity for lending regulation" means the

Board of Governors of the Federal Reserve System, the Federal

Deposit Insurance Corporation, the Comptroller of the Currency,

the Office of Thrift Supervision, the National Credit Union

Administration, and the Farm Credit Administration, and with

respect to a particular regulated lending institution means the

entity primarily responsible for the supervision of the

institution;

(10) the term "improved real estate" means real estate upon

which a building is located;

(11) the term "lender" means a regulated lending institution or

Federal agency lender;

(12) the term "natural and beneficial floodplain functions"

means -

(A) the functions associated with the natural or relatively

undisturbed floodplain that (i) moderate flooding, retain flood

waters, reduce erosion and sedimentation, and mitigate the

effect of waves and storm surge from storms, and (ii) reduce

flood related damage; and

(B) ancillary beneficial functions, including maintenance of

water quality and recharge of ground water, that reduce flood

related damage;

(13) the term "regulated lending institution" means any bank,

savings and loan association, credit union, farm credit bank,

Federal land bank association, production credit association, or

similar institution subject to the supervision of a Federal

entity for lending regulation; and

(14) the term "servicer" means the person responsible for

receiving any scheduled periodic payments from a borrower

pursuant to the terms of a loan, including amounts for taxes,

insurance premiums, and other charges with respect to the

property securing the loan, and making the payments of principal

and interest and such other payments with respect to the amounts

received from the borrower as may be required pursuant to the

terms of the loan.

(b) The term "flood" shall also include inundation from mudslides

which are proximately caused by accumulations of water on or under

the ground; and all of the provisions of this chapter shall apply

with respect to such mud-slides in the same manner and to the same

extent as with respect to floods described in subsection (a)(1) of

this section, subject to and in accordance with such regulations,

modifying the provisions of this chapter (including the provisions

relating to land management and use) to the extent necessary to

insure that they can be effectively so applied, as the Director may

prescribe to achieve (with respect to such mudslides) the purposes

of this chapter and the objectives of the program.

(c) The term "flood" shall also include the collapse or

subsidence of land along the shore of a lake or other body of water

as a result of erosion or undermining caused by waves or currents

of water exceeding anticipated cyclical levels, and all of the

provisions of this chapter shall apply with respect to such

collapse or subsidence in the same manner and to the same extent as

with respect to floods described in subsection (a)(1) of this

section, subject to and in accordance with such regulations,

modifying the provisions of this chapter (including the provisions

relating to land management and use) to the extent necessary to

insure that they can be effectively so applied, as the Director may

prescribe to achieve (with respect to such collapse or subsidence)

the purposes of this chapter and the objectives of the program.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1370, Aug. 1, 1968, 82 Stat. 588;

Pub. L. 91-152, title IV, Sec. 409(b), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 93-234, title I, Secs. 107, 108(b), Dec. 31, 1973, 87 Stat.

979, 980; Pub. L. 98-181, title IV, Sec. 451(d)(1), (8), Nov. 30,

1983, 97 Stat. 1229; Pub. L. 100-628, title X, Sec. 1086(b), Nov.

7, 1988, 102 Stat. 3278; Pub. L. 103-325, title V, Sec. 512(a),

Sept. 23, 1994, 108 Stat. 2256.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, is title XIII of Pub. L.

90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the

National Flood Insurance Act of 1968, which enacted this chapter,

amended section 2414 of this title, repealed sections 2401 to 2413

and 2415 to 2421 of this title, and enacted provisions set out as a

note under section 4001 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4001 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(7) to (14). Pub. L. 103-325 added pars. (7) to

(14).

1988 - Subsecs. (b), (c). Pub. L. 100-628 substituted "subsection

(a)(1) of this section" for "paragraph (1)".

1983 - Subsec. (a)(1). Pub. L. 98-181, Sec. 451(d)(1),

substituted "Director" for "Secretary".

Subsec. (a)(6). Pub. L. 98-181, Sec. 451(d)(8), substituted

definition of "Director" as the Director of the Federal Emergency

Management Agency for definition of "Secretary" as the Secretary of

Housing and Urban Development.

Subsecs. (b), (c). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary".

1973 - Subsec. (b). Pub. L. 93-234, Sec. 107, inserted

"proximately" before "caused".

Subsec. (c). Pub. L. 93-234, Sec. 108(b), added subsec. (c).

1969 - Pub. L. 91-152 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 3305.

-End-

-CITE-

42 USC Sec. 4122 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4122. Studies of other natural disasters; cooperation and

consultation with other departments and agencies

-STATUTE-

(a) The Director is authorized to undertake such studies as may

be necessary for the purpose of determining the extent to which

insurance protection against earthquakes or any other natural

disaster perils, other than flood, is not available from public or

private sources, and the feasibility of such insurance protection

being made available.

(b) Studies under this section shall be carried out, to the

maximum extent practicable, with the cooperation of other Federal

departments and agencies and State and local agencies, and the

Director is authorized to consult with, receive information from,

and enter into any necessary agreements or other arrangements with

such other Federal departments and agencies (on a reimbursement

basis) and such State and local agencies.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1371, Aug. 1, 1968, 82 Stat. 588;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

STUDY OF SINKHOLE INSURANCE

Section 453 of Pub. L. 98-181 provided that: "The Director of the

Federal Emergency Management Agency may make a grant to a nonprofit

organization, educational institution or affiliated agency or

entity, or State or local agency to finance a study of the

feasibility of expanding the national flood insurance program to

cover damage or loss arising from sinkholes. There is authorized to

be appropriated not to exceed $1,000,000 to carry out the

provisions of this section."

-End-

-CITE-

42 USC Sec. 4123 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4123. Advance payments

-STATUTE-

Any payments under this chapter may be made (after necessary

adjustment on account of previously made underpayments or

overpayments) in advance or by way of reimbursement, and in such

installments and on such conditions, as the Director may determine.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1372, Aug. 1, 1968, 82 Stat. 589;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 4124 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4124. Applicability of fiscal controls

-STATUTE-

The provisions of chapter 91 of title 31 shall apply to the

program authorized under this chapter to the same extent as they

apply to wholly owned Government corporations.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1373, Aug. 1, 1968, 82 Stat. 589;

Pub. L. 98-479, title II, Sec. 203(j)(3), Oct. 17, 1984, 98 Stat.

2231.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-479 substituted "chapter 91 of title 31" for

"the Government Corporation Control Act".

-End-

-CITE-

42 USC Sec. 4125 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4125. Finality of certain financial transactions

-STATUTE-

Notwithstanding the provisions of any other law -

(1) any financial transaction authorized to be carried out

under this chapter, and

(2) any payment authorized to be made or to be received in

connection with any such financial transaction,

shall be final and conclusive upon all officers of the Government.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1374, Aug. 1, 1968, 82 Stat.

589.)

-End-

-CITE-

42 USC Sec. 4126 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4126. Administrative expenses

-STATUTE-

Any administrative expenses which may be sustained by the Federal

Government in carrying out the flood insurance and floodplain

management programs authorized under this chapter may be paid with

amounts from the National Flood Insurance Fund (as provided under

section 4017(a)(4) of this title), subject to approval in

appropriations Acts.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1375, Aug. 1, 1968, 82 Stat. 589;

Pub. L. 101-508, title II, Sec. 2302(e)(4), Nov. 5, 1990, 104 Stat.

1388-25.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-508 substituted "and floodplain management

programs authorized under this chapter may be paid with amounts

from the National Flood Insurance Fund (as provided under section

4017(a)(4) of this title), subject to approval in appropriations

Acts" for "program authorized under this chapter may be paid out of

appropriated funds".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4127 of this title.

-End-

-CITE-

42 USC Sec. 4127 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4127. Authorization of appropriations; availability

-STATUTE-

(a) There are hereby authorized to be appropriated such sums as

may from time to time be necessary to carry out this chapter,

including sums -

(1) to cover administrative expenses authorized under section

4126 of this title;

(2) to reimburse the National Flood Insurance Fund established

under section 4017 of this title for -

(A) premium equalization payments under section 4054 of this

title which have been made from such fund; and

(B) reinsurance claims paid under the excess loss reinsurance

coverage provided under section 4055 of this title; and

(3) to make such other payments as may be necessary to carry

out the purposes of this chapter.

(b) All such funds shall be available without fiscal year

limitation.

(c) There are authorized to be appropriated such sums as may be

necessary through December 31, 2002, for studies under this

chapter. Any amount appropriated under this subsection shall remain

available until expended.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1376, Aug. 1, 1968, 82 Stat. 589;

Pub. L. 94-375, Sec. 14(c), Aug. 3, 1976, 90 Stat. 1075; Pub. L.

95-128, title VII, Sec. 702, Oct. 12, 1977, 91 Stat. 1144; Pub. L.

95-557, title III, Sec. 309, Oct. 31, 1978, 92 Stat. 2098; Pub. L.

96-153, title VI, Sec. 602(c), Dec. 21, 1979, 93 Stat. 1137; Pub.

L. 96-399, title III, Sec. 304, Oct. 8, 1980, 94 Stat. 1639; Pub.

L. 97-35, title III, Sec. 341(a), Aug. 13, 1981, 95 Stat. 418; Pub.

L. 98-181, title IV, Sec. 451(c), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 100-242, title V, Sec. 543, Feb. 5, 1988, 101 Stat. 1940;

Pub. L. 101-137, Sec. 4, Nov. 3, 1989, 103 Stat. 825; Pub. L.

104-204, title III, Sept. 26, 1996, 110 Stat. 2915; Pub. L. 105-65,

title III, Oct. 27, 1997, 111 Stat. 1377; Pub. L. 105-276, title

III, Oct. 21, 1998, 112 Stat. 2503; Pub. L. 106-74, title III, Oct.

20, 1999, 113 Stat. 1088; Pub. L. 106-377, Sec. 1(a)(1) [title

III], Oct. 27, 2000, 114 Stat. 1441, 1441A-47; Pub. L. 107-73,

title III, Nov. 26, 2001, 115 Stat. 689.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-73 substituted "2002" for "2001".

2000 - Subsec. (c). Pub. L. 106-377 substituted "December 31,

2001" for "September 30, 2000".

1999 - Subsec. (c). Pub. L. 106-74 substituted "2000" for "1999".

1998 - Subsec. (c). Pub. L. 105-276 substituted "1999" for

"1998".

1997 - Subsec. (c). Pub. L. 105-65 substituted "such sums as may

be necessary through September 30, 1998, for studies under this

chapter" for "for studies under this chapter not to exceed

$36,283,000 for fiscal year 1990, and such sums as may be necessary

for fiscal year 1991".

1996 - Subsec. (c). Pub. L. 104-204, which directed amendment of

first sentence by substituting "such sums as may be necessary

through September 30, 1997 for studies under this chapter." for

"this subsection" and all that follows, could not be executed

because phrase "this subsection" does not appear in first sentence.

1989 - Subsec. (c). Pub. L. 101-137 substituted provisions

authorizing appropriations of not to exceed $36,283,000 for fiscal

year 1990 and such sums as may be necessary for fiscal year 1991

for provisions authorizing appropriations of $37,000,000 for fiscal

year 1988, and $37,000,000 for fiscal year 1989.

1988 - Subsec. (c). Pub. L. 100-242 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "There

are authorized to be appropriated for studies under this chapter

not to exceed $100,000,000 for the fiscal year 1977, not to exceed

$108,000,000 for the fiscal year 1978, not to exceed $114,000,000

for the fiscal year 1979, not to exceed $74,000,000 for the fiscal

year 1980, not to exceed $61,600,000 for the fiscal year 1981, not

to exceed $42,600,000 for the fiscal year 1982, not to exceed

$49,752,000 for the fiscal year 1984, and such sums as may be

necessary for fiscal year 1985."

1983 - Subsec. (c). Pub. L. 98-181 inserted "not to exceed

$49,752,000 for the fiscal year 1984, and such sums as may be

necessary for fiscal year 1985".

1981 - Subsec. (c). Pub. L. 97-35 authorized appropriation of not

to exceed $42,600,000 for fiscal year 1982.

1980 - Subsec. (c). Pub. L. 96-399 authorized appropriation of

not to exceed $61,600,000 for fiscal year 1981.

1979 - Subsec. (c). Pub. L. 96-153 authorized appropriation of

$74,000,000 for fiscal year 1980.

1978 - Subsec. (c). Pub. L. 95-557 substituted "not to exceed

$108,000,000 for the fiscal year 1978, and not to exceed

$114,000,000 for the fiscal year 1979" for "and not to exceed

$108,000,000 for the fiscal year 1978".

1977 - Subsec. (c). Pub. L. 95-128 authorized appropriation of

$108,000,000 for fiscal year 1978.

1976 - Subsec. (c). Pub. L. 94-375 added subsec. (c).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4017 of this title.

-End-

-CITE-

42 USC Sec. 4128 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4128. Rules and regulations

-STATUTE-

(a) The Director is authorized to issue such regulations as may

be necessary to carry out the purpose of this Act.

(b) The head of each Federal agency that administers a program of

financial assistance relating to the acquisition, construction,

reconstruction, repair, or improvement of publicly or privately

owned land or facilities, and each Federal instrumentality

responsible for the supervision, approval, regulation, or insuring

of banks, savings and loan associations, or similar institutions,

shall, in cooperation with the Director, issue appropriate rules

and regulations to govern the carrying out of the agency's

responsibilities under this Act.

-SOURCE-

(Pub. L. 93-234, title II, Sec. 205, Dec. 31, 1973, 87 Stat. 983;

Pub. L. 98-181, title IV, Sec. 451(e)(1), Nov. 30, 1983, 97 Stat.

1229.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 93-234, Dec. 31,

1973, 87 Stat. 975, as amended, known as the Flood Disaster

Protection Act of 1973. For complete classification of this Act to

the Code, see Short Title of 1973 Amendment note set out under

section 4001 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

FLOODPLAIN MANAGEMENT

For provisions relating to the reduction of the risk of flood

loss, the minimization of the impact of floods on human safety,

health and welfare, and the management of floodplains, see Ex. Ord.

No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under

section 4321 of this title.

-End-

-CITE-

42 USC Sec. 4129 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 4129. Federal Insurance Administrator; establishment of

position

-STATUTE-

There is hereby established in the Federal Emergency Management

Agency the position of Federal Insurance Administrator.

-SOURCE-

(Pub. L. 90-448, title XI, Sec. 1105(a), Aug. 1, 1968, 82 Stat.

567; Pub. L. 96-153, title VI, Sec. 603(a), Dec. 21, 1979, 93 Stat.

1138.)

-COD-

CODIFICATION

Section was formerly classified to section 3533a of this title.

Section was enacted as part of the Urban Property Protection and

Reinsurance Act of 1968 and also as part of the Housing and Urban

Development Act of 1968, and not as part of the National Flood

Insurance Act of 1968 which comprises this chapter.

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-153 substituted "Federal Emergency Management

Agency" for "Department of Housing and Urban Development".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-