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42 U.S.C. § 4084 — Records and audits

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

42 U.S.C. § 4084 — Records and audits

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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Stable record: federal_law:legal_authorities:usc2024-690b5fc4cffc8c0fc35b0f33
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-4084-records-and-audits--25212c9a07.md
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Source location: USCODE-2024-title42-chap50-subchapII-partC-sec4084.pdf

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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 542 of Title 6. § 4084. Records and audits (a) The flood insurance pool formed or other- wise created under part A of this subchapter, and any insurance company or other private or- ganization executing any contract, agreement, or other appropriate arrangement with the Ad- ministrator under part B of this subchapter or this part, shall keep such records as the Admin- istrator shall prescribe, including records which fully disclose the total costs of the program un- dertaken or the services being rendered, and such other records as will facilitate an effective audit. (b) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have ac- cess for the purpose of audit and examination to any books, documents, papers, and records of the pool and any such insurance company or other private organization that are pertinent to the costs of the program undertaken or the serv- ices being rendered. (Pub. L. 90–448, title XIII, § 1348, 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’’ wherever appearing. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ wherever appearing. 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. SUBCHAPTER III—COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGE- MENT PROGRAMS IN FLOOD-PRONE AREAS § 4101. Identification of flood-prone areas (a) Publication of information; establishment of flood-risk zones; estimates of flood-caused loss The Administrator is authorized to consult with, receive information from, and enter into any agreements or other arrangements with the Secretaries of the Army, the Interior, Agri- culture, and Commerce, the Tennessee Valley Authority, and the heads of other Federal de- partments or agencies, on a reimbursement basis, or with the head of any State or local agency, or enter into contracts with any persons or private firms, in order that he may— (1) identify and publish information with re- spect to all flood plain areas, including coastal areas located in the United States, which has special flood hazards, within five years fol- lowing August 1, 1968, and (2) establish or update flood-risk zone data in all such areas, and make estimates with re- spect to the rates of probable flood caused loss for the various flood risk zones for each of these areas until the date specified in section 4026 of this title. (b) Accelerated identification of flood-risk zones; authority of Administrator: grants, technical assistance, transactions, and payments The Administrator is directed to accelerate the identification of risk zones within flood- prone and mudslide-prone areas, as provided by subsection (a)(2) of this section, in order to

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

42 U.S.C. § 4084 — Alternative loss allocation system for indeterminate claims

**(a) Definitions** In this section: (1) **Administrator** — The term “Administrator” means the Administrator of the Federal Emergency Management Agency. (2) **COASTAL Formula** — The term “COASTAL Formula” means the formula established under subsection (b). (3) **Coastal State** — The term “coastal State” has the meaning given the term “coastal state” in [section 1453 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1453&num=0&edition=prelim), except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system. (4) **Indeterminate loss** (A) *In general* — The term “indeterminate loss” means, as determined by an insurance claims adjuster certified under the national flood insurance program and in consultation with an engineer as appropriate, a loss resulting from physical damage to, or loss of, property located in any coastal State arising from the combined perils of flood and wind associated with a named storm. (B) *Requirements* — An insurance claims adjuster certified under the national flood insurance program shall only determine that a loss is an indeterminate loss if the claims adjuster determines that— (i) no material remnant of physical buildings or man-made structures remain except building foundations for the specific property for which the claim is made; and (ii) there is insufficient or no tangible evidence created, yielded, or otherwise left behind of the specific property for which the claim is made as a result of the named storm. (5) **Named storm** — The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of not less than 39 miles per hour which the National Hurr

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