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

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

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Stable record: federal_law:legal_authorities:record_usc_3f6f7d526306431c071df72e
Source file: Laws/federal/codes/united-states-code/title-42/section-4102-technical-mapping-advisory-council--16ed3ac20d.md
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Passage SHA-256: 19201283ef71894dda543641add27b4b329aeddda4442e111f53eacc72551b8d

Source location: Title 42, Chapter 50, § 4102; chapter-050-national-flood-insurance.md

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**(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 demonstrated the capability to produce flood insurance maps; (xii) a member of a recognized floodplain management association or organization; (xiii) a member of a recognized risk management association or organization; and (xiv) a State mitigation officer. (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. In appointing members under paragraph (1)(E), the Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of Federal, State, local, tribal, and private members, and includes geographic diversity, including representation from areas with coastline on the Gulf of Mexico and other States containing areas identified by the Administrator as at high risk for flooding or as areas having special flood hazards. **(c) Duties** The Council shall— (1) recommend to the Administrator how to improve in a cost-effective manner the— (A) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and (B) performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States; (2) recommend to the Administrator mapping standards and guidelines for— (A) flood insurance rate maps; and (B) data accuracy, data quality, data currency, and data eligibility; (3) recommend to the Administrator how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification; (4) recommend procedures for delegating mapping activities to State and local mapping partners; (5) recommend to the Administrator and other Federal agencies participating in the Council— (A) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination; and (B) a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies; and (6) submit an annual report to the Administrator 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 required under [section 4101b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101b&num=0&edition=prelim); and (C) a summary of recommendations made by the Council to the Administrator. **(d) Future conditions risk assessment and modeling report** (1) **In general** — The Council shall consult with scientists and technical experts, other Federal agencies, States, and local communities to— (A) develop recommendations on how to— (i) ensure that flood insurance rate maps incorporate the best available climate science to assess flood risks; and (ii) ensure that the Federal Emergency Management Agency uses the best available methodology to consider the impact of— (I) the rise in the sea level; and (II) future development on flood risk; and (B) not later than 1 year after July 6, 2012, prepare written recommendations in a future conditions risk assessment and modeling report and to submit such recommendations to the Administrator. (2) **Responsibility of the Administrator** — The Administrator, as part of the ongoing program to review and update National Flood Insurance Program rate maps under [section 4101b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101b&num=0&edition=prelim), shall incorporate any future risk assessment submitted under paragraph (1)(B) in any such revision or update. **(e) 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”). **(f) 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 Office of Management and Budget Circular A–16). **(g) Compensation** Members of the Council shall receive no additional compensation by reason of their service on the Council. **(h) Meetings and actions** (1) **In general** — The Council shall meet not less frequently 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 Administrator, or a person designated by the Administrator, shall request and coordinate the initial meeting of the Council. **(i) Officers** The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). **(j) Staff** (1) **Staff of FEMA** — Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties. (2) **Staff of other Federal agencies** — Upon request of the Chairperson, any other Federal agency that is a member of the Council may detail, on a nonreimbursable basis, personnel to assist the Council in carrying out its duties. **(k) Powers** In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research, as it considers appropriate. **(l) Report to Congress** The Administrator, on an annual basis, shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Office of Management and Budget on the— (1) recommendations made by the Council; (2) actions taken by the Federal Emergency Management Agency to address such recommendations to improve flood insurance rate maps and flood risk data; and (3) any recommendations made by the Council that have been deferred or not acted upon, together with an explanatory statement.

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

42 U.S.C. § 4004 — No cause of action

No cause of action shall exist and no claim may be brought against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4004

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

42 U.S.C. § 4101b — Use of insurance pool, companies, or other private organizations for certain payments

**(a) Authorization to enter into contracts for certain responsibilities** In order to provide for maximum efficiency in the administration of the flood insurance program and in order to facilitate the expeditious payment of any Federal funds under such program, the Administrator may enter into contracts with pool formed or otherwise created under [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4051&num=0&edition=prelim), or any insurance company or other private organizations, for the purpose of securing reinsurance of insurance coverage provided by the program or for the purpose of securing performance by such pool, company, or organization of any or all of the following responsibilities: (1) Estimating and later determining any amounts of payments to be made. (2) Receiving from the Administrator, disbursing, and accounting for funds in making such payments. (3) Making such audits of the records of any insurance company or other insurer, insurance agent or broker, or insurance adjustment organization as may be necessary to assure that proper payments are made. (4) Placing reinsurance coverage on insurance provided by such program. (5) Otherwise assisting in such manner as the contract may provide to further the purposes of this chapter. **(b) Terms and conditions of contract** Any contract with the pool or an insurance company or other private organization under this section may contain such terms and conditions as the Administrator finds necessary or appropriate for carrying out responsibilities under subsection (a), and may provide for payment of any costs which the Administrator determines are incidental to carrying out such responsibilities which are covered by the contract. **(c) Competitive bidding*

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4101b

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

42 U.S.C. § 4014 — Authorization to establish and carry out program

**(a) Authorization and establishment** To carry out the purposes of this chapter, the Administrator of the Federal Emergency Management Agency is authorized to establish and carry out a national flood insurance program which will enable interested persons to purchase insurance against loss resulting from physical damage to or loss of real property or personal property related thereto arising from any flood occurring in the United States. **(b) Additional coverage for compliance with land use and control measures** The national flood insurance program established pursuant to subsection (a) shall enable the purchase of insurance to cover the cost of implementing measures that are consistent with land use and control measures established by the community under [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim) for— (1) properties that are repetitive loss structures; (2) properties that are substantially damaged structures; (3) properties that have sustained flood damage on multiple occasions, if the Administrator determines that it is cost-effective and in the best interests of the National Flood Insurance Fund to require the implementation of such measures; and (4) properties for which an offer of mitigation assistance is made under— (A) [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim) (Flood Mitigation Assistance Program); (B) the Hazard Mitigation Grant Program authorized under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim); (C) the Predisaster Hazard Mitigation Program under [section 5133 of this title](ht

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4014

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

42 U.S.C. § 4015 — Scope of program and priorities

**(a) Priority for insurance for certain residential and church properties and business concerns** In carrying out the flood insurance program the Administrator shall afford a priority to making flood insurance available to cover residential properties which are designed for the occupancy of from one to four families, church properties, and business properties which are owned or leased and operated by small business concerns. **(b) Availability of insurance for other properties** If on the basis of— (1) studies and investigations undertaken and carried out and information received or exchanged under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim), and (2) such other information as may be necessary, the Administrator determines that it would be feasible to extend the flood insurance program to cover other properties, he may take such action under this chapter as from time to time may be necessary in order to make flood insurance available to cover, on such basis as may be feasible, any types and classes of— (A) other residential properties not described in subsection (a) or (d), (B) other business properties, (C) agricultural properties, (D) properties occupied by private nonprofit organizations, and (E) properties owned by State and local governments and agencies thereof, and any such extensions of the program to any types and classes of these properties shall from time to time be prescribed in regulations. **(c) Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measures** The Administrator shall make flood insurance available in only those States or areas (or subdivisions thereo

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

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

42 U.S.C. § 4027 — State and local land use controls

**(a) Requirement for participation in flood insurance program** (1) **In general** — After December 31, 1971, no new flood insurance coverage shall be provided under this chapter in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate land use and control measures (with effective enforcement provisions) which the Administrator finds are consistent with the comprehensive criteria for land management and use under [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim). (2) **Agricultural structures** (A) *Activity restrictions* — Notwithstanding any other provision of law, the adequate land use and control measures required to be adopted in an area (or subdivision thereof) pursuant to paragraph (1) may provide, at the discretion of the appropriate State or local authority, for the repair and restoration to predamaged conditions of an agricultural structure that— (i) is a repetitive loss structure; or (ii) has incurred flood-related damage to the extent that the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (B) *Premium rates and coverage* — To the extent applicable, an agricultural structure repaired or restored pursuant to subparagraph (A) shall pay chargeable premium rates established under [section 4015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4015&num=0&edition=prelim) at the estimated risk premium rates under [section 4014(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a/1&num=0&edition=prelim). If resources are avail

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4027

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

42 U.S.C. § 4054 — Treatment of swimming pool enclosures outside of hurricane season

**(a) In general** Notwithstanding any other provision of law, including the adequate land use and control measures developed pursuant to [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim) and applicable to non-one- and two-family structures located within coastal areas, as identified by the Administrator, the following may be permitted: (1) Nonsupporting breakaway walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map. (2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map. **(b) Rule of construction** Nothing in subsection (a) shall be construed to alter the terms and conditions of eligibility and insurability of coverage for a building under the standard flood insurance policy under the national flood insurance program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4054

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

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

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4104d

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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. § 4102 — Criteria for land management and use

Page 6067 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4102 Editorial Notes REFERENCES IN TEXT Section 216 of the E–Government Act of 2002, referred to in subsec. (b)(1), is section 216 of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents. Executive Order 12906, referred to in subsec. (b)(2), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under section 1457 of Title 43, Public Lands. CODIFICATION Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the Na- tional Flood Insurance Act of 1968 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 4004 of this title. § 4101d. Flood insurance rate map certification The Administrator shall implement a flood mapping program for the National Flood Insur- ance Program, only after review by the Tech- nical Mapping Advisory Council, that, when ap- plied, results in technically credible flood haz- ard data in all areas where Flood Insurance Rate Maps are prepared or updated, shall certify in writing to the Congress when such a program has been implemented, and shall provide to the Congress the Technical Mapping Advisory Coun- cil review report. (Pub. L. 113–89, § 17, Mar. 21, 2014, 128 Stat. 1027.) Editorial Notes CODIFICATION Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which com- prises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4102

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