42 U.S.C. § 4003 — Definitions applicable to Flood Disaster

Page 6004 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4002 RELATION OF TITLE V OF PUB. L. 103–325 TO STATE AND LOCAL LAWS Pub. L. 103–325, title V, § 584, Sept. 23, 1994, 108 Stat. 2287, provided that: ‘‘This title [see Short Title of 1994 Amendment note above] and the amendments made by this title may not be construed to preempt, annul, alter, amend, or exempt any person from compliance with any law, ordinance, or regulation of any State or local government with respect to land use, manage- ment, or control.’’ 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. § 4002. Additional Congressional findings and declaration of purpose (a) The Congress finds that— (1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accel- erating development of, and concentration of population in, areas of flood and mudslide haz- ards; (2) the availability of Federal loans, grants, guaranties, insurance, and other forms of fi- nancial assistance are often determining fac- tors in the utilization of land and the location and construction of public and of private in- dustrial, commercial, and residential facili- ties; (3) property acquired or constructed with grants or other Federal assistance may be ex- posed to risk of loss through floods, thus frus- trating the purpose for which such assistance was extended; (4) Federal instrumentalities insure or oth- erwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property ex- posed to loss and damage from floods and mudslides; (5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inad- equately compensated despite the provision of costly disaster relief benefits; and (6) it is in the public interest for persons al- ready living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of cov- erage, so that they will be indemnified, for their losses in the event of future flood disas- ters. (b) The purpose of this Act, therefore, is to— (1) substantially increase the limits of cov- erage authorized under the national flood in- surance program; (2) provide for the expeditious identification of, and the dissemination of information con- cerning, flood-prone areas; (3) require States or local communities, as a condition of future Federal financial assist- ance, to participate in the flood insurance pro- gram and to adopt adequate flood plan ordi- nances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and (4) require the purchase of flood insurance by property owners who are being assisted by Federal programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identified areas having special flood hazards. (Pub. L. 93–234, § 2, Dec. 31, 1973, 87 Stat. 975.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), means Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classi- fication of this Act to the Code, see Short Title of 1973 Amendment 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. § 4003. Definitions applicable to Flood Disaster Protection Act of 1973 (a) As used in this Act, unless the context oth- erwise requires, the term— (1) ‘‘community’’ means a State or a polit- ical 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 instru- mentality of the executive branch of the Fed- eral Government, and includes the Federal Na- tional Mortgage Association and the Federal Home Loan Mortgage Corporation; (3) ‘‘financial assistance’’ means any form of loan, grant, guaranty, insurance, payment, re- bate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or spe- cial revenue sharing or formula grants made to States; (4) ‘‘financial assistance for acquisition or construction purposes’’ means any form of fi- nancial assistance which is intended in whole or in part for the acquisition, construction, re- construction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fix- tures, and furnishings contained or to be con- tained 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 et seq.] (other than assist- ance 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 Insur- ance Corporation, the Comptroller of the Cur- rency, the National Credit Union Administra- tion, and the Farm Credit Administration, and Page 6005 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4004 with respect to a particular regulated lending institution means the entity primarily respon- sible for the supervision of the institution; (6) ‘‘Administrator’’ means the Adminis- trator of the Federal Emergency Management Agency; (7) ‘‘Federal agency lender’’ means a Federal agency that makes direct loans secured by im- proved real estate or a mobile home, to the ex- tent such agency acts in such capacity; (8) the term ‘‘improved real estate’’ means real estate upon which a building is located; (9) ‘‘lender’’ means a regulated lending insti- tution or Federal agency lender; (10) ‘‘regulated lending institution’’ means any bank, savings and loan association, credit union, farm credit bank, Federal land bank as- sociation, production credit association, or similar institution subject to the supervision of a Federal entity for lending regulation; and (11) ‘‘servicer’’ means the person responsible for receiving any scheduled periodic 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 interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan. (b) The Administrator is authorized to define or redefine, by rules and regulations, any sci- entific or technical term used in this Act, inso- far as such definition is not inconsistent with the purposes of this Act. (Pub. L. 93–234, § 3, Dec. 31, 1973, 87 Stat. 976; Pub. L. 95–128, title VII, § 703(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98–181, title I [title IV, § 451(e)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100–707, title I, § 109(t), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 103–325, title V, § 511(a), Sept. 23, 1994, 108 Stat. 2255; Pub. L. 111–203, title III, § 368, July 21, 2010, 124 Stat. 1557; Pub. L. 112–141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. 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 Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(4), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 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—Subsec. (a)(6). Pub. L. 112–141 substituted ‘‘ ‘Ad- ministrator’ ’’ for ‘‘ ‘Director’ ’’ and ‘‘Administrator of’’ for ‘‘Director of’’. Subsec. (b). Pub. L. 112–141 substituted ‘‘Adminis- trator’’ for ‘‘Director’’. 2010—Subsec. (a)(5). Pub. L. 111–203 struck out ‘‘, the Office of Thrift Supervision’’ after ‘‘the Comptroller of the Currency’’. 1994—Subsec. (a)(5). Pub. L. 103–325, § 511(a)(1), added par. (5) and struck out former par. (5) which read as fol- lows: ‘‘ ‘Federal instrumentality responsible for the su- pervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions’ means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insur- ance Corporation, and the National Credit Union Ad- ministration; and’’. Subsec. (a)(7) to (11). Pub. L. 103–325, § 511(a)(2), (3), added pars. (7) to (11). 1988—Subsec. (a)(4). Pub. L. 100–707 substituted ‘‘Dis- aster Relief and Emergency Assistance Act’’ for ‘‘Dis- aster Relief Act of 1974’’. 1983—Subsec. (a)(6). Pub. L. 98–181, § 451(e)(2), sub- stituted definition of ‘‘Director’’ meaning the Director of the Federal Emergency Management Agency for def- inition of ‘‘Secretary’’ meaning the Secretary of Hous- ing and Urban Development. Subsec. (b). Pub. L. 98–181, § 451(e)(1), substituted ‘‘Di- rector’’ for ‘‘Secretary’’. 1977—Subsec. (a)(4). Pub. L. 95–128 substituted ‘‘assist- ance pursuant to the Disaster Relief Act of 1974 (other than assistance under such Act in connection with a flood)’’ for ‘‘assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any subsequent Act of Congress which supersedes or modifies the Disaster Relief Act of 1970’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. 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. § 4004. Definitions applicable to Biggert-Waters Flood Insurance Reform Act of 2012 (a) In general In this subtitle, the following definitions shall apply: (1) 100-year floodplain The term ‘‘100-year floodplain’’ means that area which is subject to inundation from a flood having a 1-percent chance of being equaled or exceeded in any given year. (2) 500-year floodplain The term ‘‘500-year floodplain’’ means that area which is subject to inundation from a