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42 U.S.C. § 4051 — Colorado River Floodway

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

42 U.S.C. § 4051 — Colorado River Floodway

**(a) Renewal and transfer of policies; acquisition of policies after filing of maps** Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim) shall have the right to renew and transfer such policies. Owners of existing structures located within said Floodway on October 8, 1986, who have not acquired National Flood Insurance Act policies shall have the right to acquire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 11 See References in Text note below. of title 43 and to renew and transfer such policies. **(b) New coverage for new construction or substantial improvements** No new flood insurance coverage may be provided under this chapter on or after a date six months after October 8, 1986, for any new construction or substantial improvements of structures located within the Colorado River Floodway established by [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim). New construction includes all structures that are not insurable prior to that date. **(c) Establishment of temporary boundaries** The Secretary of the Interior may by rule after notice and comment pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) establish temporary Floodway boundaries to be in effect until the maps required by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section.

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Stable record: federal_law:legal_authorities:record_usc_7b6f374c540f96010c636d87
Source file: Laws/federal/codes/united-states-code/title-42/section-4051-colorado-river-floodway--6bfdfe9343.md
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Source location: Title 42, Chapter 50, § 4051; chapter-050-national-flood-insurance.md

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**(a) Renewal and transfer of policies; acquisition of policies after filing of maps** Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim) shall have the right to renew and transfer such policies. Owners of existing structures located within said Floodway on October 8, 1986, who have not acquired National Flood Insurance Act policies shall have the right to acquire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 11 See References in Text note below. of title 43 and to renew and transfer such policies. **(b) New coverage for new construction or substantial improvements** No new flood insurance coverage may be provided under this chapter on or after a date six months after October 8, 1986, for any new construction or substantial improvements of structures located within the Colorado River Floodway established by [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim). New construction includes all structures that are not insurable prior to that date. **(c) Establishment of temporary boundaries** The Secretary of the Interior may by rule after notice and comment pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) establish temporary Floodway boundaries to be in effect until the maps required by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section. **(d) Loans by federally supervised, approved, regulated, or insured financial institutions** A regulated lending institution or Federal agency lender may make loans secured by structures which are not eligible for flood insurance by reason of this section: Provided, That prior to making such a loan, such institution determines that the loans or structures securing the loan are within the Floodway.

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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

43 U.S.C. § 1600c — Colorado River Floodway

**(a) Establishment** There is established the Colorado River Floodway as identified and generally depicted on maps that are to be submitted by the Secretary. **(b) Study of tributary floodflows; determination of Floodway boundary** Within eighteen months after October 8, 1986, the Secretary, in consultation with the seven Colorado River Basin States, represented by persons designated by the Governors of those States, the Colorado River Floodway Task Force, and any other interested parties shall: (1) complete a study of the tributary floodflows downstream of Davis Dam; (2) define the specific boundaries of the Colorado River Floodway so that the Floodway can accommodate either a one-in-one hundred year river flow consisting of controlled releases and tributary inflow, or a flow of forty thousand cubic feet per second (cfs), whichever is greater, from below Davis Dam to the Southerly International Boundary between the United States of America and the Republic of Mexico. **(c) Review and modification of boundaries; notice and comment; written justification for decision of Secretary** (1) The Secretary shall conduct, at least once every five years, a review of the Colorado River Floodway and make, after notice to and in consultation with appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located, and others, such minor and technical modifications to the boundaries of the Floodway as are necessary solely to reflect changes that have occurred in the size or location of any portion of the floodplain as a result of natural forces, and as necessary pursuant to subsection (c) of [section 1600e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600c

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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

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

42 U.S.C. § 4016 — Nature and limitation of insurance coverage

**(a) Regulations respecting general terms and conditions of insurability** The Administrator shall from time to time, after consultation with the advisory committee authorized under [section 4025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4025&num=0&edition=prelim), appropriate representatives of the 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), and appropriate representatives of the insurance authorities of the respective States, provide by regulation for general terms and conditions of insurability which shall be applicable to properties eligible for flood insurance coverage under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012&num=0&edition=prelim), including— (1) the types, classes, and locations of any such properties which shall be eligible for flood insurance; (2) the nature and limits of loss or damage in any areas (or subdivisions thereof) which may be covered by such insurance; (3) the classification, limitation, and rejection of any risks which may be advisable; (4) appropriate minimum premiums; (5) appropriate loss-deductibles; and (6) any other terms and conditions relating to insurance coverage or exclusion which may be necessary to carry out the purposes of this chapter. **(b) Regulations respecting amount of coverage** In addition to any other terms and conditions under subsection (a), such regulations shall provide that— (1) any flood insurance coverage based on chargeable premium rates under [section 4015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4015&num=0&editio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4016

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

42 U.S.C. § 4018 — Chargeable premium rates

**(a) Establishment; terms and conditions** On the basis of estimates made under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim), and such other information as may be necessary, the Administrator shall from time to time prescribe, after providing notice— (1) chargeable premium rates for any types and classes of properties for which insurance coverage shall be available under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012&num=0&edition=prelim) (at less than 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), where necessary), and (2) the terms and conditions under which, and the areas (including subdivisions thereof) within which, such rates shall apply. **(b) Considerations for rates** Such rates shall, insofar as practicable, be— (1) based on a consideration of the respective risks involved, including differences in risks due to land use measures, flood-proofing, flood forecasting, and similar measures; (2) adequate, on the basis of accepted actuarial principles, to provide reserves for anticipated losses, or, if less than such amount, consistent with the objective of making flood insurance available where necessary at reasonable rates so as to encourage prospective insureds to purchase such insurance and with the purposes of this chapter; (3) adequate, together with the fee under paragraph (1)(B)(iii) or (2) of [section 4014(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a&num=0&edition=prelim), to provide for any administrative expenses o

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4018

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

42 U.S.C. § 4081 — Premium equalization payments; basis; aggregate amount; establishment of designated periods

**(a)** The Administrator, on such terms and conditions as he may from time to time prescribe, shall make periodic payments to the 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), in recognition of such reductions in chargeable premium rates under [section 4015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4015&num=0&edition=prelim) below estimated 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) as are required in order to make flood insurance available on reasonable terms and conditions. **(b)** Designated periods under this section and the methods for determining the sum of premiums paid or payable during such periods shall be established by the Administrator.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4081

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

42 U.S.C. § 4082 — Reinsurance coverage

**(a) Availability for excess losses** (1) **In general** — The Administrator is authorized to take such action as may be necessary in order to make available, to the 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), reinsurance for losses (due to claims for proved and approved losses covered by flood insurance) which are in excess of losses assumed by such pool in accordance with the excess loss agreement entered into under subsection (c). (2) **Private reinsurance** — The Administrator is authorized to secure reinsurance of coverage provided by the flood insurance program from the private market at rates and on terms determined by the Administrator to be reasonable and appropriate, in an amount sufficient to maintain the ability of the program to pay claims. **(b) Availability pursuant to contract, agreement, or other arrangement; payment of premium, fee, or other charge** Such reinsurance shall be made available pursuant to contract, agreement, or any other arrangement, in consideration of such payment of a premium, fee, or other charge as the Administrator finds necessary to cover anticipated losses and other costs of providing such reinsurance. **(c) Excess loss agreement; negotiation** The Administrator is authorized to negotiate an excess loss agreement, from time to time, under which the amount of flood insurance retained by the pool, after ceding reinsurance, shall be adequate to further the purposes of this chapter, consistent with the objective of maintaining appropriate financial participation and risk sharing to the maximum extent practicable on the part of participating insurance companies and other insurers. **(d) Submission of ex

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4082

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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. § 4051 — Industry flood insurance pool; require-

Page 6047 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4051 the National Flood Insurance Act of 1968 which com- prises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 4005 of this title. SUBCHAPTER II—ORGANIZATION AND AD- MINISTRATION OF FLOOD INSURANCE PROGRAM § 4041. Implementation of program Following such consultation with representa- tives of the insurance industry as may be nec- essary, the Administrator shall implement the flood insurance program authorized under sub- chapter I in accordance with the provisions of part A of this subchapter and, if a determination is made by him under section 4071 of this title, under part B of this subchapter. (Pub. L. 90–448, title XIII, § 1330, Aug. 1, 1968, 82 Stat. 581; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘Administrator’’ for ‘‘Director’’. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see sec- tion 1377 of Pub. L. 90–448, set out as a note under sec- tion 4001 of this title. 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) o

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4051

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