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42 U.S.C. § 4005 — Levee certifications

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

42 U.S.C. § 4005 — Levee certifications

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Source file: Laws/federal/codes/united-states-code/title-42/section-4005-levee-certifications--c01cf3eb24.md
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Source location: Title 42, Chapter 50, § 4005; chapter-050-national-flood-insurance.md

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**(a) Implementation of Flood Protection Structure Accreditation Task Force** In carrying out section 100226 of Public Law 112–141 ([42 U.S.C. 4101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101&num=0&edition=prelim) note; 126 Stat. 942), the Secretary shall— (1) ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); (2) to the maximum extent practicable, carry out the activities referred to in paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4011&num=0&edition=prelim) et seq.); and (3) in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner. **(b) Accelerated levee system evaluations** (1) **In general** — On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 11 So in original. Probably should be “chapter I”. of the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4011&num=0&edition=prelim) et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a). (2) **Requirements** — A levee system evaluation under paragraph (1) shall— (A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and (B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish. (3) **Funding** (A) *In general* — The Secretary may use amounts made available under [section 1962d–16 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d-16&num=0&edition=prelim) to carry out this subsection. (B) *Cost share* — The Secretary shall apply the cost share under [section 1962d–16(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–16/b&num=0&edition=prelim) to any activities carried out under this subsection. (C) *Contributed funds* — Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.

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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.

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

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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42 U.S.C. § 4101 — Adjustment and payment of claims; judicial review; limitations; jurisdiction

In the event the program is carried out as provided in [section 4071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4071&num=0&edition=prelim), the Administrator shall be authorized to adjust and make payment of any claims for proved and approved losses covered by flood insurance, and upon the disallowance by the Administrator of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim in the United States district court for the district in which the insured property or the major part thereof shall have been situated, and original exclusive jurisdiction is hereby conferred upon such court to hear and determine such action without regard to the amount in the controversy.

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42 U.S.C. § 4011 — Congressional findings and declaration of purpose

**(a) Necessity and reasons for flood insurance program** The Congress finds that (1) from time to time flood disasters have created personal hardships and economic distress which have required unforeseen disaster relief measures and have placed an increasing burden on the Nation’s resources; (2) despite the installation of preventive and protective works and the adoption of other public programs designed to reduce losses caused by flood damage, these methods have not been sufficient to protect adequately against growing exposure to future flood losses; (3) as a matter of national policy, a reasonable method of sharing the risk of flood losses is through a program of flood insurance which can complement and encourage preventive and protective measures; and (4) if such a program is initiated and carried out gradually, it can be expanded as knowledge is gained and experience is appraised, thus eventually making flood insurance coverage available on reasonable terms and conditions to persons who have need for such protection. **(b) Participation of Federal Government in flood insurance program carried out by private insurance industry** The Congress also finds that (1) many factors have made it uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions; but (2) a program of flood insurance with large-scale participation of the Federal Government and carried out to the maximum extent practicable by the private insurance industry is feasible and can be initiated. **(c) Unified national program for flood plain management** The Congress further finds that (1) a program of flood insurance can promote the public interest by providing appropriate protection against the perils of fl

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

42 U.S.C. § 4055 — Designation of Flood Insurance Advocate

**(a) In general** The Administrator shall designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. **(b) Duties and responsibilities** The duties and responsibilities of the Flood Insurance Advocate designated under subsection (a) shall be to— (1) educate property owners and policyholders under the National Flood Insurance Program on— (A) individual flood risks; (B) flood mitigation; (C) measures to reduce flood insurance rates through effective mitigation; (D) the flood insurance rate map review and amendment process; and (E) any changes in the flood insurance program as a result of any newly enacted laws (including this Act); (2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks; (3) assist in the development of regional capacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions; (4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and (5) aid potential policy holders under the National Flood Insurance Program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy.

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

42 U.S.C. § 4104 — Flood insurance rate map certification

The Administrator shall implement a flood mapping program for the National Flood Insurance Program, only after review by the Technical Mapping Advisory Council, that, when applied, results in technically credible flood hazard 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 Council review report.

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

42 U.S.C. § 4005 — Definitions applicable to Homeowner

Page 6006 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4005 1 See References in Text note below. flood having a 0.2-percent chance of being equaled or exceeded in any given year. (3) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency. (4) National Flood Insurance Program The term ‘‘National Flood Insurance Pro- gram’’ means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). (5) Write Your Own The term ‘‘Write Your Own’’ means the co- operative undertaking between the insurance industry and the Federal Insurance Adminis- tration which allows participating property and casualty insurance companies to write and service standard flood insurance policies. (b) Common terminology Except as otherwise provided in this subtitle, any terms used in this subtitle shall have the meaning given to such terms under section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121). (Pub. L. 112–141, div. F, title II, § 100202, July 6, 2012, 126 Stat. 916.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsecs. (a) and (b), is subtitle A (§§ 100201–100249) of title II of div. F of Pub. L. 112–141, July 6, 2012, 126 Stat. 916, known as the Biggert-Waters Flood Insurance Reform Act of 2012. For complete classification of this subtitle to the Code, see Short Title of 2012 Amendment note set out under section 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in subsec. (a)(4), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this titl

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

42 U.S.C. § 4011 — Authorization to establish and carry out

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

42 U.S.C. § 4101 — Identification of flood-prone areas

Page 6059 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101 tion which may be made shall become final only upon the approval of the Administrator. (Pub. L. 90–448, title XIII, § 1347, Aug. 1, 1968, 82 Stat. 586; 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’’ in subsecs. (a) and (b). 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ in subsecs. (a) and (b). 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) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 5

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