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42 U.S.C. § 4104d — Flood elevation determinations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4104d — Flood elevation determinations

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Stable record: federal_law:legal_authorities:record_usc_3506588d6e1b98ebacf4a6ef
Source file: Laws/federal/codes/united-states-code/title-42/section-4104d-flood-elevation-determinations--20df4cfe25.md
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Source location: Title 42, Chapter 50, § 4104d; chapter-050-national-flood-insurance.md

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**(a) Publication or notification of proposed flood elevation determinations** In establishing projected flood elevations and designating areas having special flood hazards for land use purposes with respect to any community pursuant to [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim), the Administrator shall first propose such determinations and designations 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 Administrator shall publish notification of flood elevation determinations and designations of areas having special flood hazards 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 Administrator’s proposed determination may appeal such determination to the local government. The sole grounds for appeal shall be the possession of knowledge or information indicating that (1) the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of an identified special flood hazard area is scientifically or technically incorrect. **(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 Administrator; filing of community action with Administrator** 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 Administrator’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 Administrator’s determination, copies of individual appeals shall be sent to the Administrator 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 Administrator not later than ninety days after the date of the second newspaper publication of the Administrator’s notification. **(d) Administrative review of appeals by private persons; modification of proposed determinations; decision of Administrator: form and distribution** In the event the Administrator 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), 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 Administrator’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 Administrator; 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 Administrator 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 Administrator shall resolve such appeal by consultation with officials of the local government involved, by administrative hearing, or by submission of the conflicting data to the Scientific Resolution Panel provided for in [section 4104–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104-1&num=0&edition=prelim). Until the conflict in data is resolved, and the Administrator 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 Administrator shall make his determination within a reasonable time. The community shall be given a reasonable time after the Administrator’s final determination in which to adopt local land use and control measures consistent with the Administrator’s determination. The reports and other information used by the Administrator 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** 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, or, in the case of an appeal that is resolved by submission of conflicting data to the Scientific Resolution Panel provided for in [section 4104–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104-1&num=0&edition=prelim), the community, incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal based on a scientific or technical error on the part of the Federal Emergency Management Agency, which is successful in whole or part, the Administrator 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 Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. The Administrator may use such amounts from the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim) as may be necessary to carry out this subsection. The Administrator shall promulgate regulations to carry out this subsection. **(g) Judicial review of final administrative determinations; venue; time for appeal; scope of review; good cause for stay of final determinations** Except as provided in [section 4104–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104-1&num=0&edition=prelim), any appellant aggrieved by any final determination of the Administrator 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 Administrator shall be effective for the purposes of this chapter unless stayed by the court for good cause shown.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4001 — Authorization of appropriations; availability

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4126&num=0&edition=prelim); (2) to reimburse the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim) for— (A) premium equalization payments under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4026&num=0&edition=prelim), for studies under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4102 — Technical Mapping Advisory Council

**(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— (A) the Administrator (or the designee thereof); (B) the Secretary of the Interior (or the designee thereof); (C) the Secretary of Agriculture (or the designee thereof); (D) the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); and (E) 16 additional members appointed by the Administrator or the designee of the Administrator, who shall be— (i) a member of a recognized professional surveying association or organization; (ii) a member of a recognized professional mapping association or organization; (iii) a member of a recognized professional engineering association or organization; (iv) a member of a recognized professional association or organization representing flood hazard determination firms; (v) a representative of the United States Geological Survey; (vi) a representative of a recognized professional association or organization representing State geographic information; (vii) a representative of State national flood insurance coordination offices; (viii) a representative of the Corps of Engineers; (ix) a member of a recognized regional flood and storm water management organization; (x) 2 representatives of different State government agencies that have entered into cooperating technical partnerships with the Administrator and have demonstrated the capability to produce flood insurance rate maps; (xi) 2 representatives of different local government agencies that have entered into cooperating technical partnerships with the Administrator and have

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4102

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4017 — Policy disclosures

**(a) In general** Notwithstanding any other provision of law, in addition to any other disclosures that may be required, each policy under the National Flood Insurance Program shall state all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font size that is twice the size of the text of the body of the policy. **(b) Violations** The Administrator may impose a civil penalty of not more than $50,000 on any person that fails to comply with subsection (a).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4017

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4015a — Flood insurance purchase and compliance requirements and escrow accounts

**(a) Amount and term of coverage** After the expiration of sixty days following December 31, 1973, no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Administrator as an area having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968 [[42 U.S.C. 4001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4001&num=0&edition=prelim) et seq.], unless the building or mobile home and any personal property to which such financial assistance relates is covered by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less: Provided, That if the financial assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. The requirement of maintaining flood insurance shall apply during the life of the property, regardless of transfer of ownership of such property. **(b) Requirement for mortgage loans** (1) **Regulated lending institutions** — Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council established under the Federal Financial Institutions Examination Council Act of 1974 [[12 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3301&num=0&edition=prelim) et seq.]) shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4015a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4121 — Mitigation assistance

**(a) Authority** The Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104d&num=0&edition=prelim), 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— (1) to States and communities in the form of grants under this section for carrying out mitigation activities; (2) to States and communities in the form of grants under this section for carrying out mitigation activities that reduce flood damage to severe repetitive loss structures; and (3) to property owners in the form of direct grants under this section for carrying out mitigation activities that reduce flood damage to individual structures for which 2 or more claim payments for losses have been made under flood insurance coverage under this chapter if the Administrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is located has the capacity to manage such grants. **(b) 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 Administrator, 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 Administrator under [section 4102 of this t

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4121

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4104d — National Flood Mitigation Fund

Page 6077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4104d for purposes of this section and which related to en- couraging and improving participation in the national flood insurance program, respectively. 2004—Subsec. (b)(2). Pub. L. 108–264, § 103(f), sub- stituted ‘‘7.5 percent of the available funds under this section’’ for ‘‘$1,500,000’’. Subsec. (e)(3). Pub. L. 108–264, § 103(a), inserted at end ‘‘The Director may approve only mitigation plans that give priority for funding to such properties, or to such subsets of properties, as are in the best interest of the National Flood Insurance Fund.’’ Subsec. (e)(4). Pub. L. 108–264, § 103(b), added par. (4) and struck out heading and text of former par. (4). Text read as follows: ‘‘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 substan- tial damage.’’ Subsec. (g)(2), (3). Pub. L. 108–264, § 103(e), added par. (2) and redesignated former par. (2) as (3). Subsec. (m). Pub. L. 108–264, § 103(c), added subsec. (m). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 103–325, title V, § 553(b), Sept. 23, 1994, 108 Stat. 2273, required the Director of the Federal Emer- gency Management Agency to issue regulations no later than 6 months after Sept. 23, 1994, to carry out this section. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Securit

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4104d

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