42 U.S.C. § 4121 — Definitions

Page 6080 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4107 1 See References in Text note below. Statutory Notes and Related Subsidiaries 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. Executive Documents FLOODPLAIN MANAGEMENT For provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951 set out as a note under section 4321 of this title. § 4107. Consultation with local officials; scope In carrying out his responsibilities under the provisions of this title 1 and the National Flood Insurance Act of 1968 [42 U.S.C. 4001 et seq.] which relate to notification to and identifica- tion of flood-prone areas and the application of criteria for land management and use, including criteria derived from data reflecting new devel- opments that may indicate the desirability of modifying elevations based on previous flood studies, the Administrator shall establish proce- dures assuring adequate consultation with the appropriate elected officials of general purpose local governments, including but not limited to those local governments whose prior eligibility under the program has been suspended. Such consultation shall include, but not be limited to, fully informing local officials at the commence- ment of any flood elevation study or investiga- tion undertaken by any agency on behalf of the Administrator concerning the nature and pur- pose of the study, the areas involved, the man- ner in which the study is to be undertaken, the general principles to be applied, and the use to be made of the data obtained. The Adminis- trator shall encourage local officials to dissemi- nate information concerning such study widely within the community, so that interested per- sons will have an opportunity to bring all rel- evant facts and technical data concerning the local flood hazard to the attention of the agency during the course of the study. (Pub. L. 93–234, title II, § 206, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98–181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, means title II of Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, which enacted sec- tions 4105 to 4107 and 4128 of this title and amended sec- tion 4101 of this title and sections 24 and 1709–1 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title of 1973 Amend- ment note set out under section 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in text, is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter (§ 4001 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. CODIFICATION Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chap- ter. 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 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 IV—GENERAL PROVISIONS § 4121. Definitions (a) As used in this chapter— (1) the term ‘‘flood’’ shall have such meaning as may be prescribed in regulations of the Ad- ministrator, and may include inundation from rising waters or from the overflow of streams, rivers, or other bodies of water, or from tidal surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or other severe storms or deluge; (2) the terms ‘‘United States’’ (when used in a geographic sense) and ‘‘State’’ includes the several States, the District of Columbia, the territories and possessions, the Common- wealth of Puerto Rico, and the Trust Territory of the Pacific Islands; (3) the terms ‘‘insurance company’’, ‘‘other insurer’’ and ‘‘insurance agent or broker’’ in- clude any organization or person that is au- thorized to engage in the business of insurance under the laws of any State, subject to the re- porting requirements of the Securities Ex- Page 6081 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4121 1 So in original. The period probably should be a semicolon. change Act of 1934 [15 U.S.C. 78a et seq.] pursu- ant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program; (4) the term ‘‘insurance adjustment organi- zation’’ includes any organizations and per- sons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer; (5) the term ‘‘person’’ includes any indi- vidual or group of individuals, corporation, partnership, association, or any other orga- nized group of persons, including State and local governments and agencies thereof; (6) the term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency; (7) the term ‘‘repetitive loss structure’’ means a structure covered by a contract for flood insurance that— (A) has incurred flood-related damage on 2 occasions, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event; and (B) at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compli- ance coverage.1 (8) the term ‘‘Federal agency lender’’ means a Federal agency that makes direct loans se- cured by improved real estate or a mobile home, to the extent such agency acts in such capacity; (9) the term ‘‘Federal entity for lending reg- ulation’’ means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Adminis- tration, and the Farm Credit Administration, and with respect to a particular regulated lending institution means the entity primarily responsible for the supervision of the institu- tion; (10) the term ‘‘improved real estate’’ means real estate upon which a building is located; (11) the term ‘‘lender’’ means a regulated lending institution or Federal agency lender; (12) the term ‘‘natural and beneficial flood- plain functions’’ means— (A) the functions associated with the nat- ural or relatively undisturbed floodplain that (i) moderate flooding, retain flood wa- ters, reduce erosion and sedimentation, and mitigate the effect of waves and storm surge from storms, and (ii) reduce flood related damage; and (B) ancillary beneficial functions, includ- ing maintenance of water quality and re- charge of ground water, that reduce flood re- lated damage; (13) the term ‘‘regulated lending institution’’ means any bank, savings and loan association, credit union, farm credit bank, Federal land bank association, production credit associa- tion, or similar institution subject to the su- pervision of a Federal entity for lending regu- lation; (14) the term ‘‘servicer’’ means the person responsible for receiving any scheduled peri- odic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and making the payments of principal and in- terest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan; and (15) the term ‘‘substantially damaged struc- ture’’ means a structure covered by a contract for flood insurance that has incurred damage for which the cost of repair exceeds an amount specified in any regulation promulgated by the Administrator, or by a community ordinance, whichever is lower. (b) The term ‘‘flood’’ shall also include inunda- tion from mudslides which are proximately caused by accumulations of water on or under the ground; and all of the provisions of this chapter shall apply with respect to such mud- slides in the same manner and to the same ex- tent as with respect to floods described in sub- section (a)(1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent nec- essary to insure that they can be effectively so applied, as the Administrator may prescribe to achieve (with respect to such mudslides) the purposes of this chapter and the objectives of the program. (c) The term ‘‘flood’’ shall also include the col- lapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, and all of the provisions of this chapter shall apply with respect to such collapse or subsidence in the same manner and to the same extent as with respect to floods described in subsection (a)(1), subject to and in accordance with such regula- tions, modifying the provisions of this chapter (including the provisions relating to land man- agement and use) to the extent necessary to in- sure that they can be effectively so applied, as the Administrator may prescribe to achieve (with respect to such collapse or subsidence) the purposes of this chapter and the objectives of the program. (Pub. L. 90–448, title XIII, § 1370, Aug. 1, 1968, 82 Stat. 588; Pub. L. 91–152, title IV, § 409(b), Dec. 24, 1969, 83 Stat. 397; Pub. L. 93–234, title I, §§ 107, 108(b), Dec. 31, 1973, 87 Stat. 979, 980; Pub. L. 98–181, title I [title IV, § 451(d)(1), (8)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100–628, title X, § 1086(b), Nov. 7, 1988, 102 Stat. 3278; Pub. L. 103–325, title V, § 512(a), Sept. 23, 1994, 108 Stat. 2256; Pub. L. 108–264, title I, § 105(b), June 30, 2004, 118 Stat. 723; Pub. L. 112–141, div. F, title II, §§ 100232(d)(5), 100238(b)(1), (3), July 6, 2012, 126 Stat. 954, 958.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original a reference to ‘‘this title’’ meaning title XIII of Pub. L. Page 6082 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4122 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. The Securities Exchange Act of 1934, referred to in subsec. (a)(3), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables. AMENDMENTS 2012—Subsec. (a)(1). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’. Subsec. (a)(3). Pub. L. 112–141, § 100232(d)(5), sub- stituted ‘‘include any organization or person that is au- thorized to engage in the business of insurance under the laws of any State, subject to the reporting require- ments of the Securities Exchange Act of 1934 pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to as- sume reinsurance on risks insured by the flood insur- ance program;’’ for ‘‘include any organizations and per- sons authorized to engage in the insurance business under the laws of any State;’’. Subsec. (a)(6). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’ in two places. Subsec. (a)(9). Pub. L. 112–141, § 100238(b)(3), struck out ‘‘the Office of Thrift Supervision,’’ after ‘‘the Comp- troller of the Currency,’’. Subsecs. (a)(15), (b), (c). Pub. L. 112–141, § 100238(b)(1), substituted ‘‘Administrator’’ for ‘‘Director’’. 2004—Subsec. (a)(7). Pub. L. 108–264, § 105(b)(1), added par. (7) and struck out former par. (7) which read as fol- lows: ‘‘the term ‘repetitive loss structure’ means a structure covered by a contract for flood insurance under this chapter that has incurred flood-related dam- age on 2 occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repair, on the average, equaled or ex- ceeded 25 percent of the value of the structure at the time of each such flood event;’’. Subsec. (a)(15). Pub. L. 108–264, § 105(b)(2)–(4), added par. (15). 1994—Subsec. (a)(7) to (14). Pub. L. 103–325 added pars. (7) to (14). 1988—Subsecs. (b), (c). Pub. L. 100–628 substituted ‘‘subsection (a)(1)’’ for ‘‘paragraph (1)’’. 1983—Subsec. (a)(1). Pub. L. 98–181, § 451(d)(1), sub- stituted ‘‘Director’’ for ‘‘Secretary’’. Subsec. (a)(6). Pub. L. 98–181, § 451(d)(8), substituted definition of ‘‘Director’’ as the Director of the Federal Emergency Management Agency for definition of ‘‘Sec- retary’’ as the Secretary of Housing and Urban Devel- opment. Subsecs. (b), (c). Pub. L. 98–181, § 451(d)(1), substituted ‘‘Director’’ for ‘‘Secretary’’. 1973—Subsec. (b). Pub. L. 93–234, § 107, inserted ‘‘proxi- mately’’ before ‘‘caused’’. Subsec. (c). Pub. L. 93–234, § 108(b), added subsec. (c). 1969—Pub. L. 91–152 designated existing provisions as subsec. (a) and added subsec. (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. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 4122. Studies of other natural disasters; co- operation and consultation with other de- partments and agencies (a) The Administrator is authorized to under- take such studies as may be necessary for the purpose of determining the extent to which in- surance protection against earthquakes or any other natural disaster perils, other than flood, is not available from public or private sources, and the feasibility of such insurance protection being made available. (b) Studies under this section shall be carried out, to the maximum extent practicable, with the cooperation of other Federal departments and agencies and State and local agencies, and the Administrator is authorized to consult with, receive information from, and enter into any necessary agreements or other arrangements with such other Federal departments and agen- cies (on a reimbursement basis) and such State and local agencies. (Pub. L. 90–448, title XIII, § 1371, Aug. 1, 1968, 82 Stat. 588; 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-