42 U.S.C. § 4102 — Criteria for land management and use

Page 6067 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4102 Editorial Notes REFERENCES IN TEXT Section 216 of the E–Government Act of 2002, referred to in subsec. (b)(1), is section 216 of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents. Executive Order 12906, referred to in subsec. (b)(2), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under section 1457 of Title 43, Public Lands. CODIFICATION Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the Na- tional Flood Insurance Act of 1968 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 4004 of this title. § 4101d. Flood insurance rate map certification The Administrator shall implement a flood mapping program for the National Flood Insur- ance Program, only after review by the Tech- nical Mapping Advisory Council, that, when ap- plied, results in technically credible flood haz- ard 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 Coun- cil review report. (Pub. L. 113–89, § 17, Mar. 21, 2014, 128 Stat. 1027.) Editorial Notes CODIFICATION Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of 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. § 4101e. Exemption from fees for certain map change requests Notwithstanding any other provision of law, a requester shall be exempt from submitting a re- view or processing fee for a request for a flood insurance rate map change based on a habitat restoration project that is funded in whole or in part with Federal or State funds, including dam removal, culvert redesign or installation, or the installation of fish passage. (Pub. L. 113–89, § 22, Mar. 21, 2014, 128 Stat. 1028.) Editorial Notes CODIFICATION Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which com- prises this chapter. § 4102. Criteria for land management and use (a) Studies and investigations The Administrator is authorized to carry out studies and investigations, utilizing to the max- imum extent practicable the existing facilities and services of other Federal departments or agencies, and State and local governmental agencies, and any other organizations, with re- spect to the adequacy of State and local meas- ures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention, and may enter into any con- tracts, agreements, or other appropriate ar- rangements to carry out such authority. (b) Extent of studies and investigations Such studies and investigations shall include, but not be limited to, laws, regulations, or ordi- nances relating to encroachments and obstruc- tions on stream channels and floodways, the or- derly development and use of flood plains of riv- ers or streams, floodway encroachment lines, and flood plain zoning, building codes, building permits, and subdivision or other building re- strictions. (c) Development of comprehensive criteria de- signed to encourage adoption of adequate State and local measures On the basis of such studies and investiga- tions, and such other information as he deems necessary, the Administrator shall from time to time develop comprehensive criteria designed to encourage, where necessary, the adoption of ade- quate State and local measures which, to the maximum extent feasible, will— (1) constrict the development of land which is exposed to flood damage where appropriate, (2) guide the development of proposed con- struction away from locations which are threatened by flood hazards, (3) assist in reducing damage caused by floods, and (4) otherwise improve the long-range land management and use of flood-prone areas, and he shall work closely with and provide any necessary technical assistance to State, inter- state, and local governmental agencies, to en- courage the application of such criteria and the adoption and enforcement of such measures. (d) Flood mitigation methods for buildings The Administrator shall establish guidelines for property owners that— (1) provide alternative methods of mitiga- tion, other than building elevation, to reduce flood risk to residential buildings that cannot be elevated due to their structural character- istics, including— (A) types of building materials; and (B) types of floodproofing; and (2) inform property owners about how the implementation of mitigation methods de- scribed in paragraph (1) may affect risk pre- mium rates for flood insurance coverage under the National Flood Insurance Program. (Pub. L. 90–448, title XIII, § 1361, Aug. 1, 1968, 82 Stat. 587; Pub. L. 91–152, title IV, § 410(c), Dec. 24, 1969, 83 Stat. 397; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 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, 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 542 of Title 6. GUIDELINES Pub. L. 113–89, § 26(a)(2), Mar. 21, 2014, 128 Stat. 1032, provided that: ‘‘The Administrator [of the Federal Emergency Management Agency] shall issue the guide- lines required under section 1361(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102(d)), as added by the amendment made by paragraph (1) of this sub- section, not later than the expiration of the 1-year pe- riod beginning on the date of the enactment of this Act [Mar. 21, 2014].’’ TASK FORCE ON NATURAL AND BENEFICIAL FUNCTIONS OF THE FLOODPLAIN Pub. L. 103–325, title V, § 562, Sept. 23, 1994, 108 Stat. 2276, established the Task Force on Natural and Bene- ficial Functions of the Floodplain to conduct a study on the functions of the floodplain that reduce flood-re- lated losses and provided for its termination 24 months after its last member was designated. § 4102a. Repealed. Pub. L. 112–141, div. F, title II, § 100225(c), July 6, 2012, 126 Stat. 941 Section, Pub. L. 90–448, title XIII, § 1361A, as added Pub. L. 108–264, title I, § 102(a), June 30, 2004, 118 Stat. 714, created a pilot program for mitigation of severe re- petitive loss properties by mitigating flood damage to such properties and losses to the National Flood Insur- ance Fund from such properties. § 4103. Repealed. Pub. L. 103–325, title V, § 551(a), Sept. 23, 1994, 108 Stat. 2269 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 pur- chase, by Director, of insured properties damaged sub- stantially beyond repair by flood, for subsequent trans- fer to State or local agency upon negotiated conditions. Statutory Notes and Related Subsidiaries 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 Emer- gency Management Agency to enter into loan and pur- chase 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. § 4104. Flood elevation determinations (a) Publication or notification of proposed flood elevation determinations In establishing projected flood elevations and designating areas having special flood hazards for land use purposes with respect to any com- munity pursuant to section 4102 of this title, the Administrator shall first propose such deter- minations and designations by publication for comment in the Federal Register, by direct noti- fication to the chief executive officer of the community, and by publication in a prominent local newspaper. (b) Publication of flood elevation determinations; appeal of owner or lessee to local govern- ment; scientific or technical knowledge or in- formation as basis for appeal; modification of proposed determinations The Administrator shall publish notification of flood elevation determinations and designa- tions of areas having special flood hazards in a prominent local newspaper at least twice during the ten-day period following notification to the local government. During the ninety-day period following the second publication, any owner or lessee of real property within the community who believes his property rights to be adversely affected by the Administrator’s proposed deter- mination may appeal such determination to the local government. The sole grounds for appeal shall be the possession of knowledge or informa- tion indicating that (1) the elevations being pro- posed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of an identified special flood hazard area is scientifically or technically incorrect.