Browse Arkansas Code titles and sections
42 U.S.C. § 5154a — Prohibited flood disaster assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a) General prohibition** Notwithstanding any other provision of law, no Federal disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residential, or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Federal law and subsequently having failed to obtain and maintain flood insurance as required under applicable Federal law on such property.
**(b) Transfer of property**
(1) **Duty to notify** — In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing of the requirements to—
(A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so insured as of the date on which the property is transferred; and
(B) maintain flood insurance in accordance with applicable Federal law with respect to such property.
Such written notification shall be contained in documents evidencing the transfer of ownership of the property.
(2) **Failure to notify** — If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property—
(A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5154a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 0d3cd2e352306c3303cffb88870bb09144c627e2458a83405d9c09ce695e06f5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_a24ab38a6aca100e3212bdbf
Source file: Laws/federal/codes/united-states-code/title-42/section-5154a-prohibited-flood-disaster-assistance--d190d30c12.md
Pages: Not recorded – Not recorded
Passage SHA-256: 126faad5b80f58a67ee110a67f4e9e81435ca5ef2aeba05b0b496bc17997fb39
Source location: Title 42, Chapter 68, § 5154a; chapter-068-disaster-relief.md
Stored source content
**(a) General prohibition** Notwithstanding any other provision of law, no Federal disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residential, or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Federal law and subsequently having failed to obtain and maintain flood insurance as required under applicable Federal law on such property.
**(b) Transfer of property**
(1) **Duty to notify** — In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing of the requirements to—
(A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so insured as of the date on which the property is transferred; and
(B) maintain flood insurance in accordance with applicable Federal law with respect to such property.
Such written notification shall be contained in documents evidencing the transfer of ownership of the property.
(2) **Failure to notify** — If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property—
(A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as a result of such damage,
the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief assistance provided with respect to the property.
(3) **Property described** — For purposes of paragraph (1), a property is described in this paragraph if it is personal, commercial, or residential property for which Federal disaster relief assistance made available in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair, replacement, or restoration of the property, if such assistance was conditioned upon obtaining flood insurance in accordance with applicable Federal law with respect to such property.
**(c) Omitted**
**(d) “Flood disaster area” defined** For purposes of this section, the term “flood disaster area” means an area with respect to which—
(1) the Secretary of Agriculture finds, or has found, to have been substantially affected by a natural disaster in the United States pursuant to [section 1961(a) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1961/a&num=0&edition=prelim); or
(2) the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.), as a result of flood conditions existing in or affecting that area.
**(e) Effective date** This section and the amendments made by this section shall apply to disasters declared after September 23, 1994.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this Act, unless the context otherwise requires, the term—
(1) “community” means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards;
(2) “Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;
(3) “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States;
(4) “financial assistance for acquisition or construction purposes” means any form of financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief and Emergency Assistance Act [[42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.] (other than assistance under such Act in connection with a flood);
(5) “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 National Credit Union Administration, and the Farm Credit Administration, and with respect
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4012a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6354
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5121
Sec.
5165g.
National veterinary emergency teams.
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE
PROGRAMS
5170.
Procedure for declaration.
5170a.
General Federal assistance.
5170b.
Essential assistance.
5170c.
Hazard mitigation.
5171.
Federal facilities.
5172.
Repair, restoration, and replacement of dam-
aged facilities.
5173.
Debris removal.
5174.
Federal assistance to individuals and house-
holds.
5174a.
Flexibility.
5174b.
Critical document fee waiver.
5175, 5176. Repealed.
5177.
Unemployment assistance.
5177a.
Emergency grants to assist low-income mi-
grant and seasonal farmworkers.
5178.
Repealed.
5179.
Benefits and distribution.
5180.
Food commodities.
5181.
Relocation assistance.
5182.
Legal services.
5183.
Crisis counseling assistance and training.
5184.
Community disaster loans.
5185.
Emergency communications.
5186.
Emergency public transportation.
5187.
Fire management assistance.
5188.
Timber sale contracts.
5189.
Simplified procedure.
5189a.
Appeals of assistance decisions.
5189b.
Date of eligibility; expenses incurred before
date of disaster.
5189c.
Transportation assistance to individuals and
households.
5189d.
Case management services.
5189e.
Essential service providers.
5189f.
Public assistance program alternative proce-
dures.
5189g.
Unified Federal review.
5189h.
Agency accountability.
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE
PROGRAMS
5191.
Procedure for declaration.
5192.
Federal emergency assistance.
5193.
Amount of assistance.
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
5195.
Declaration of policy.
5195a.
Definitions.
5195b.
Administration of subchapter.
5195c.
Critical infrastructures protection.
PART A—POWERS AND DUTIES
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5121
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5121. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6378
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5154
present section but with references to different acts
and provisions, prior to repeal by Pub. L. 100–707,
§ 105(g).
A prior section 310 of Pub. L. 93–288 was renumbered
section 307 by Pub. L. 100–707 and was classified to sec-
tion 5150 of this title, prior to repeal by Pub. L. 109–295.
§ 5154. Insurance
(a) Applicants for replacement of damaged facili-
ties
(1) Compliance with certain regulations
An applicant for assistance under section
5172 of this title (relating to repair, restora-
tion, and replacement of damaged facilities),
section 5189 of this title (relating to simplified
procedure) or section 3149(c)(2) of this title
shall comply with regulations prescribed by
the President to assure that, with respect to
any property to be replaced, restored, re-
paired, or constructed with such assistance,
such types and extent of insurance will be ob-
tained and maintained as may be reasonably
available, adequate, and necessary, to protect
against future loss to such property.
(2) Determination
In making a determination with respect to
availability, adequacy, and necessity under
paragraph (1), the President shall not require
greater types and extent of insurance than are
certified to him as reasonable by the appro-
priate State insurance commissioner respon-
sible for regulation of such insurance.
(b) Maintenance of insurance
No applicant for assistance under section 5172
of this title (relating to repair, restoration, and
replacement of damaged facilities), section 5189
of this title (relating to simplified procedure), or
section 3149(c)(2) of this title may receive such
assistance for any property or part thereof for
which the applicant has previously received as-
sistance under this c
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5154a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.