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

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

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Stable record: federal_law:legal_authorities:record_usc_a5cf10ecc37fbba45d417ce4
Source file: Laws/federal/codes/united-states-code/title-42/section-4027-state-and-local-land-use-controls--994d212bde.md
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Source location: Title 42, Chapter 50, § 4027; chapter-050-national-flood-insurance.md

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**(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 available, the Administrator shall provide technical assistance and counseling, upon request of the owner of the structure, regarding wet flood-proofing and other flood damage reduction measures for agricultural structures. The Administrator shall not be required to make flood insurance coverage available for such an agricultural structure unless the structure is wet flood-proofed through permanent or contingent measures applied to the structure or its contents that prevent or provide resistance to damage from flooding by allowing flood waters to pass through the structure, as determined by the Administrator. (C) *Prohibition on disaster relief* — Notwithstanding any other provision of law, any agricultural structure repaired or restored pursuant to subparagraph (A) shall not be eligible for disaster relief assistance under any program administered by the Administrator or any other Federal agency. (D) *Definitions* — For purposes of this paragraph— (i) the term “agricultural structure” means any structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities; and (ii) the term “agricultural commodities” means agricultural commodities and livestock. **(b) Community rating system and incentives for community floodplain management** (1) **Authority and goals** — The Administrator shall carry out a community rating system program, under which communities participate voluntarily— (A) to provide incentives for measures that reduce the risk of flood or erosion damage that exceed the criteria set forth in [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim) and evaluate such measures; (B) to encourage adoption of more effective measures that protect natural and beneficial floodplain functions; (C) to encourage floodplain and erosion management; and (D) to promote the reduction of Federal flood insurance losses. (2) **Incentives** — The program shall provide incentives in the form of credits on premium rates for flood insurance coverage in communities that the Administrator determines have adopted and enforced measures that reduce the risk of flood and erosion damage that exceed the criteria set forth in [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim). In providing incentives under this paragraph, the Administrator may provide for credits to flood insurance premium rates in communities that the Administrator determines have implemented measures that protect natural and beneficial floodplain functions. (3) **Credits** — The credits on premium rates for flood insurance coverage shall be based on the estimated reduction in flood and erosion damage risks resulting from the measures adopted by the community under this program. If a community has received mitigation assistance under [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim), the credits shall be phased in a manner, determined by the Administrator, to recover the amount of such assistance provided for the community. (4) **Reports** — Not later than 2 years after September 23, 1994, and not less than every 2 years thereafter, the Administrator shall submit a report to the Congress regarding the program under this subsection. Each report shall include an analysis of the cost-effectiveness of the program, any other accomplishments or shortcomings of the program, and any recommendations of the Administrator for legislation regarding the program. **(c) Replacement of mobile homes on original sites** (1) **Community participation** — The placement of any mobile home on any site shall not affect the eligibility of any community to participate in the flood insurance program under this chapter and the Flood Disaster Protection Act of 1973 (notwithstanding that such placement may fail to comply with any elevation or flood damage mitigation requirements), if— (A) such mobile home was previously located on such site; (B) such mobile home was relocated from such site because of flooding that threatened or affected such site; and (C) such replacement is conducted not later than the expiration of the 180-day period that begins upon the subsidence (in the area of such site) of the body of water that flooded to a level considered lower than flood levels. (2) **Definition** — For purposes of this subsection, the term “mobile home” has the meaning given such term in the law of the State in which the mobile home is located.

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

42 U.S.C. § 4104c — Repealed. Pub. L. 103–325, title V, § 551(a), Sept. 23, 1994, 108 Stat. 2269

### Statutory Notes Section, Pub. L. 90–448, title XIII, § 1362, Aug. 1, 1968, 82 Stat. 588; Pub. L. 95–128, title VII, § 704(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229, related to purchase, by Director, of insured properties damaged substantially beyond repair by flood, for subsequent transfer to State or local agency upon negotiated conditions. #### Savings Provision Pub. L. 103–325, title V, § 551(c), Sept. 23, 1994, 108 Stat. 2269, required the Director of the Federal Emergency Management Agency to comply with any purchase or loan commitment entered into before the expiration of the 1-year period beginning on Sept. 23, 1994, pursuant to authority under this section or section 551(b) of Pub. L. 103–325. #### Transition Phase Pub. L. 103–325, title V, § 551(b), Sept. 23, 1994, 108 Stat. 2269, permitted the Director of the Federal Emergency Management Agency to enter into loan and purchase commitments as provided under this section (as in effect immediately before the enactment of Pub. L. 103–325) during the 1-year period beginning on Sept. 23, 1994.

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

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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

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

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

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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

42 U.S.C. § 4027 — Biennial report to President

Page 6043 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4027a ‘‘(a) Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act [Dec. 20, 2024] for ‘September 30, 2023’. ‘‘(b)(1) Subject to paragraph (2), this section shall be- come effective immediately upon enactment of this Act [div. A of Pub. L. 118–83, approved Sept. 26, 2024]. ‘‘(2) If this Act is enacted after September 30, 2024, this section shall be applied as if it were in effect on September 30, 2024.’’ Pub. L. 118–47, div. G, title I, § 101(b), Mar. 23, 2024, 138 Stat. 856, provided that: ‘‘Sections [sic] 1319 of the Na- tional Flood Insurance Act of 1968 (42 U.S.C. 4026) shall be applied by substituting ‘September 30, 2024’ for ‘Sep- tember 30, 2023’.’’ [Section 101(b) of div. G of Pub. L. 118–47, set out above, to take effect as if enacted on Sept. 30, 2023, see section 101(c) of div. G of Pub. L. 118–47, set out as an Extension of Limitation on Financing Provisions note under section 4016 of this title.] Pub. L. 116–94, div. I, title II, § 201, Dec. 20, 2019, 133 Stat. 3019, provided that: ‘‘Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting ‘Sep- tember 30, 2020’ for ‘September 30, 2019’.’’ Pub. L. 115–141, div. M, title III, § 301, Mar. 23, 2018, 132 Stat. 1049, provided that: ‘‘Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting ‘July 31, 2018’ for ‘September 30, 2017’.’’ Pub. L. 110–329, div. A, § 145, Sept. 30, 2008, 122 Stat. 3581, as amended by Pub. L. 111–8, div. J, § 101, Mar. 11, 2009, 123 Stat. 988

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4027

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