Loading (50 kb)...'

National
United States
42 USC CHAPTER 50 - NATIONAL FLOOD INSURANCE

-CITE-
42 USC CHAPTER 50 - NATIONAL FLOOD INSURANCE 01/19/04

-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-



-CITE-
42 USC Sec. 4001 01/19/04

-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 2003 AMENDMENTS
Pub. L. 108-171, Sec. 1, Dec. 6, 2003, 117 Stat. 2064, provided
that: "This Act [amending sections 4016, 4026, 4056, and 4127 of
this title and enacting provisions set out as a note under section
4016 of this title] may be cited as the 'National Flood Insurance
Program Reauthorization Act of 2004'."
Pub. L. 108-3, Sec. 1, Jan. 13, 2003, 117 Stat. 7, provided that:
"This Act [amending sections 4016, 4026, 4056, and 4127 of this
title and enacting provisions set out as a note under section 4016
of this title] may be cited as the 'National Flood Insurance
Program Reauthorization Act of 2003'."

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-



-CITE-
42 USC Sec. 4002 01/19/04

-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 01/19/04

-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 (continued)