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(continued)
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amended section 2414 of this title, repealed sections 2401 to 2413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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 caseshall any in-kind (continued)