42 U.S.C. § 4101e — Exemption from fees for certain map

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.