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42 U.S.C. § 4102a — National Flood Mapping Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reviewing, updating, and maintaining maps** The Administrator, in coordination with the Technical Mapping Advisory Council established under [section 4101a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101a&num=0&edition=prelim), shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this section.
**(b) Mapping**
(1) **In general** — In carrying out the program established under subsection (a), the Administrator shall—
(A) identify, review, update, maintain, and publish National Flood Insurance Program rate maps with respect to—
(i) all populated areas and areas of possible population growth located within the 100-year floodplain;
(ii) all populated areas and areas of possible population growth located within the 500-year floodplain;
(iii) areas of residual risk, including areas that are protected by levees, dams, and other flood control structures;
(iv) areas that could be inundated as a result of the failure of a levee, dam, or other flood control structure;
(v) areas that are protected by non-structural flood mitigation features; and
(vi) the level of protection provided by flood control structures and by non-structural flood mitigation features;
(B) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each such area; and
(C) use, in identifying, reviewing, updating, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](https://uscode.house.
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Source file: Laws/federal/codes/united-states-code/title-42/section-4102a-national-flood-mapping-program--469faf325c.md
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Source location: Title 42, Chapter 50, § 4102a; chapter-050-national-flood-insurance.md
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**(a) Reviewing, updating, and maintaining maps** The Administrator, in coordination with the Technical Mapping Advisory Council established under [section 4101a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101a&num=0&edition=prelim), shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this section.
**(b) Mapping**
(1) **In general** — In carrying out the program established under subsection (a), the Administrator shall—
(A) identify, review, update, maintain, and publish National Flood Insurance Program rate maps with respect to—
(i) all populated areas and areas of possible population growth located within the 100-year floodplain;
(ii) all populated areas and areas of possible population growth located within the 500-year floodplain;
(iii) areas of residual risk, including areas that are protected by levees, dams, and other flood control structures;
(iv) areas that could be inundated as a result of the failure of a levee, dam, or other flood control structure;
(v) areas that are protected by non-structural flood mitigation features; and
(vi) the level of protection provided by flood control structures and by non-structural flood mitigation features;
(B) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each such area; and
(C) use, in identifying, reviewing, updating, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under 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.), the most accurate topography and elevation data available.
(2) **Mapping elements** — Each map updated under this section shall—
(A) assess the accuracy of current ground elevation data used for hydrologic and hydraulic modeling of flooding sources and mapping of the flood hazard and wherever necessary acquire new ground elevation data utilizing the most up-to-date geospatial technologies in accordance with guidelines and specifications of the Federal Emergency Management Agency; and
(B) develop National Flood Insurance Program flood data on a watershed basis—
(i) to provide the most technically effective and efficient studies and hydrologic and hydraulic modeling; and
(ii) to eliminate, to the maximum extent possible, discrepancies in base flood elevations between adjacent political subdivisions.
(3) **Other inclusions** — In updating maps under this section, the Administrator shall include—
(A) any relevant information on coastal inundation from—
(i) an applicable inundation map of the Corps of Engineers; and
(ii) data of the National Oceanic and Atmospheric Administration relating to storm surge modeling;
(B) any relevant information of the United States Geological Survey on stream flows, watershed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Administrator;
(C) any relevant information on land subsidence, coastal erosion areas, changing lake levels, and other flood-related hazards;
(D) any relevant information or data of the National Oceanic and Atmospheric Administration and the United States Geological Survey relating to the best available science regarding future changes in sea levels, precipitation, and intensity of hurricanes; and
(E) any other relevant information as may be recommended by the Technical Mapping Advisory Committee.
**(c) Standards** In updating and maintaining maps under this section, the Administrator shall—
(1) establish standards to—
(A) ensure that maps are adequate for—
(i) flood risk determinations; and
(ii) use by State and local governments in managing development to reduce the risk of flooding; and
(B) facilitate identification and use of consistent methods of data collection and analysis by the Administrator, in conjunction with State and local governments, in developing maps for communities with similar flood risks, as determined by the Administrator; and
(2) publish maps in a format that is—
(A) digital geospatial data compliant;
(B) compliant with the open publishing and data exchange standards established by the Open Geospatial Consortium; and
(C) aligned with official data defined by the National Geodetic Survey.
**(d) Communication and outreach**
(1) **In general** — The Administrator shall—
(A) before commencement of any mapping or map updating process, notify each community affected of the model or models that the Administrator plans to use in such process and provide an explanation of why such model or models are appropriate;
(B) provide each community affected a 30-day period beginning upon notification under subparagraph (A) to consult with the Administrator regarding the appropriateness, with respect to such community, of the mapping model or models to be used; provided that consultation by a community pursuant to this subparagraph shall not waive or otherwise affect any right of the community to appeal any flood hazard determinations;
(C) upon completion of the first Independent Data Submission, transmit a copy of such Submission to the affected community, provide the affected community a 30-day period during which the community may provide data to Administrator 11 So in original. Probably should be preceded by “the”. that can be used to supplement or modify the existing data, and incorporate any data that is consistent with prevailing engineering principles;
(D) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v);
(E) work to enhance communication and outreach to States, local communities, and property owners about the effects—
(i) of any potential changes to National Flood Insurance Program rate maps that may result from the mapping program required under this section; and
(ii) that any such changes may have on flood insurance purchase requirements;
(F) engage with local communities to enhance communication and outreach to the residents of such communities, including tenants (with regard to contents insurance), on the matters described under subparagraph (E);
(G) not less than 30 days before issuance of any preliminary map, notify the Senators for each State affected and each Member of the House of Representatives for each congressional district affected by the preliminary map in writing of—
(i) the estimated schedule for—
(I) community meetings regarding the preliminary map;
(II) publication of notices regarding the preliminary map in local newspapers; and
(III) the commencement of the appeals process regarding the map; and
(ii) the estimated number of homes and businesses that will be affected by changes contained in the preliminary map, including how many structures will be 22 So in original. The words “will be” probably should not appear. that were not previously located in an area having special flood hazards will be located within such an area under the preliminary map; and
(H) upon the issuance of any proposed map and any notice of an opportunity to make an appeal relating to the proposed map, notify the Senators for each State affected and each Member of the House of Representatives for each congressional district affected by the proposed map of any action taken by the Administrator with respect to the proposed map or an appeal relating to the proposed map.
(2) **Required activities** — The communication and outreach activities required under paragraph (1) shall include—
(A) notifying property owners when their properties become included in, or when they are excluded from, an area covered by the mandatory flood insurance purchase requirement under [section 4012a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012a&num=0&edition=prelim);
(B) educating property owners regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement;
(C) educating property owners regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under 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.) for such properties and the contents of such properties;
(D) educating property owners about flood map revisions and the process available to such owners to appeal proposed changes in flood elevations through their community, including by notifying local radio and television stations; and
(E) encouraging property owners to maintain or acquire flood insurance coverage.
**(e) Community remapping request** Upon the adoption by the Administrator of any recommendation by the Technical Mapping Advisory Council for reviewing, updating, or maintaining National Flood Insurance Program rate maps in accordance with this section, a community that believes that its flood insurance rates in effect prior to adoption would be affected by the adoption of such recommendation may submit a request for an update of its rate maps, which may be considered at the Administrator’s sole discretion. The Administrator shall establish a protocol for the evaluation of such community map update requests.
**(f) Authorization of appropriations** There is authorized to be appropriated to the Administrator to carry out this section $400,000,000 for each of fiscal years 2013 through 2017.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Contracting for services and facilities** In administering the flood insurance program under this subchapter, the Administrator is authorized to enter into any contracts, agreements, or other appropriate arrangements which may, from time to time, be necessary for the purpose of utilizing, on such terms and conditions as may be agreed upon, the facilities and services of any insurance companies or other insurers, insurance agents and brokers, or insurance adjustment organizations; and such contracts, agreements, or arrangements may include provision for payment of applicable operating costs and allowances for such facilities and services as set forth in the schedules prescribed under [section 4018 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4018&num=0&edition=prelim).
**(b) Certain laws inapplicable to contracting** Any such contracts, agreements, or other arrangements may be entered into without regard to the provisions of [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim) or any other provision of law requiring competitive bidding and without regard to the provisions of chapter 10 of title 5.
**(c) Hold harmless** The Administrator of the Federal Emergency Management Agency shall hold any agent or broker selling or undertaking to sell flood insurance under this chapter harmless from any judgment for damages against such agent or broker as a result of any court action by a policyholder or applicant arising out of an error or omission on the part of the Federal Emergency Management Agency, and shall provide any such agent or broker with indemnification, including court costs and reasonable attorney fees, arising out of and caused by an err
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4101a
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; availability** To carry out the flood insurance program authorized by this chapter, the Administrator shall establish in the Treasury of the United States a National Flood Insurance Fund (hereinafter referred to as the “fund”) which shall be an account separate from any other accounts or funds available to the Administrator and shall be available as described in subsection (f), without fiscal year limitation (except as otherwise provided in this section)—
(1) for making such payments as may, from time to time, be required under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim);
(2) to pay reinsurance claims 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);
(3) to repay to the Secretary of the Treasury such sums as may be borrowed from him (together with interest) in accordance with the authority provided in [section 4016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4016&num=0&edition=prelim); and
(4) to the extent approved in appropriations Acts, to pay any administrative expenses of the flood insurance and floodplain management programs (including the costs of mapping activities under [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101&num=0&edition=prelim));
(5) for the purposes specified in subsection (d) under the conditions provided therein;
(6) for carrying out the program under [section 4022(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4022/b&num=0&edition=prelim);
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4021
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Federal law — U.S. Code and appendices · legal_authorities
Assistance provided under a program under this chapter for flood mitigation activities (including any assistance provided under the mitigation pilot program under section 4102a 11 See References in Text note below. of this title, any assistance provided under the mitigation assistance program under [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim), and any funding provided under section 4030 1 of this title) with respect to a property shall not be considered income or a resource of the owner of the property when determining eligibility for or benefit levels under any income assistance or resource-tested program that is funded in whole or in part by an agency of the United States or by appropriated funds of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4053
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4011
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Federal law — U.S. Code and appendices · legal_authorities
Page 6068
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4102a
112–141, div. F, title II, § 100238(b)(1), July 6, 2012,
126 Stat. 958; Pub. L. 113–89, § 26(a)(1), Mar. 21,
2014, 128 Stat. 1032.)
Editorial Notes
AMENDMENTS
2014—Subsec. (d). Pub. L. 113–89 added subsec. (d).
2012—Subsecs. (a), (c). Pub. L. 112–141 substituted
‘‘Administrator’’ for ‘‘Director’’.
1983—Subsecs. (a), (c). Pub. L. 98–181 substituted ‘‘Di-
rector’’ for ‘‘Secretary’’.
1969—Subsec. (c). Pub. L. 91–152 substituted provisions
requiring development of criteria designed to encour-
age adoption of adequate State and local measures, for
provisions requiring development of criteria designed
to encourage adoption of permanent State and local
measures.
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, Domest
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4102a
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