Loading (50 kb)...'
(continued)
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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 the date specified in section 4026 of this title,
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; Pub. L. 108-3, Sec.
2(a)(4), Jan. 13, 2003, 117 Stat. 7; Pub. L. 108-171, Sec. 2(a)(4),
Dec. 6, 2003, 117 Stat. 2064.)
-MISC1-
AMENDMENTS
2003 - Subsec. (c). Pub. L. 108-171 substituted "the date
specified in section 4026 of this title" for "December 31, 2003".
Pub. L. 108-3 substituted "December 31, 2003" for "December 31,
2002".
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 2003 AMENDMENTS
Amendment by Pub. L. 108-171 effective Dec. 31, 2003, see section
2(b) of Pub. L. 108-171, set out as a note under section 4016 of
this title.
Amendment by Pub. L. 108-3 effective Dec. 31, 2002, see section
2(b) of Pub. L. 108-3, set out as a note under section 4016 of this
title.
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 01/19/04
-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 ofthe impact of floods on human safety, (continued)