42 U.S.C. § 4101 — Identification of flood-prone areas

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 Page 6060 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101 make known the degree of hazard within each such zone at the earliest possible date. To ac- complish this objective, the Administrator is authorized, without regard to subsections (a) and (b) of section 3324 of title 31 and section 6101 of title 41, to make grants, provide technical as- sistance, and enter into contracts, cooperative agreements, or other transactions, on such terms as he may deem appropriate, or consent to modifications thereof, and to make advance or progress payments in connection therewith. (c) Priority in allocation of manpower and other available resources for identification and mapping of flood hazard areas and flood-risk zones The Secretary of Defense (through the Army Corps of Engineers), the Secretary of the Inte- rior (through the United States Geological Sur- vey), the Secretary of Agriculture (through the Soil Conservation Service), the Secretary of Commerce (through the National Oceanic and Atmospheric Administration), the head of the Tennessee Valley Authority, and the heads of all other Federal agencies engaged in the identi- fication or delineation of flood-risk zones within the several States shall, in consultation with the Administrator, give the highest practicable priority in the allocation of available manpower and other available resources to the identifica- tion and mapping of flood hazard areas and flood-risk zones, in order to assist the Adminis- trator to meet the deadline established by this section. (d) Plan for bringing communities with flood- risk zones into full program status The Administrator shall, not later than Sep- tember 30, 1984, submit to the Congress a plan for bringing all communities containing flood- risk zones into full program status by Sep- tember 30, 1987. (e) Review of flood maps Once during each 5-year period (the 1st such period beginning on September 23, 1994) or more often as the Administrator determines nec- essary, the Administrator shall assess the need to revise and update all floodplain areas and flood risk zones identified, delineated, or estab- lished under this section, based on an analysis of all natural hazards affecting flood risks. (f) Updating flood maps The Administrator shall revise and update any floodplain areas and flood-risk zones— (1) upon the determination of the Adminis- trator, according to the assessment under sub- section (e), that revision and updating are nec- essary for the areas and zones; or (2) upon the request from any State or local government stating that specific floodplain areas or flood-risk zones in the State or local- ity need revision or updating, if sufficient technical data justifying the request is sub- mitted and the unit of government making the request agrees to provide funds in an amount determined by the Administrator. (g) Availability of flood maps To promote compliance with the requirements of this chapter, the Administrator shall make flood insurance rate maps and related informa- tion available free of charge to the Federal enti- ties for lending regulation, Federal agency lend- ers, State agencies directly responsible for co- ordinating the national flood insurance pro- gram, and appropriate representatives of com- munities participating in the national flood in- surance program, and at a reasonable cost to all other persons. Any receipts resulting from this subsection shall be deposited in the National Flood Insurance Fund, pursuant to section 4017(b)(6) of this title. (h) Notification of flood map changes The Administrator shall cause notice to be published in the Federal Register (or shall pro- vide notice by another comparable method) of any change to flood insurance map panels and any change to flood insurance map panels issued in the form of a letter of map amendment or a letter of map revision. Such notice shall be pub- lished or otherwise provided not later than 30 days after the map change or revision becomes effective. Notice by any method other than pub- lication in the Federal Register shall include all pertinent information, provide for regular and frequent distribution, and be at least as acces- sible to map users as notice in the Federal Reg- ister. All notices under this subsection shall in- clude information on how to obtain copies of the changes or revisions. (i) Compendia of flood map changes Every 6 months, the Administrator shall pub- lish separately in their entirety within a com- pendium, all changes and revisions to flood in- surance map panels and all letters of map amendment and letters of map revision for which notice was published in the Federal Reg- ister or otherwise provided during the preceding 6 months. The Administrator shall make such compendia available, free of charge, to Federal entities for lending regulation, Federal agency lenders, and States and communities partici- pating in the national flood insurance program pursuant to section 4017 of this title and at cost to all other parties. Any receipts resulting from this subsection shall be deposited in the Na- tional Flood Insurance Fund, pursuant to sec- tion 4017(b)(6) of this title. (j) Provision of information In the implementation of revisions to and up- dates of flood insurance rate maps, the Adminis- trator shall share information, to the extent ap- propriate, with the Under Secretary of Com- merce for Oceans and Atmosphere and rep- resentatives from State coastal zone manage- ment programs. (Pub. L. 90–448, title XIII, § 1360, Aug. 1, 1968, 82 Stat. 587; Pub. L. 93–234, title II, § 204, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98–181, title I [title IV, § 451(d)(1), (6), (7)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98–479, title II, § 203(j)(2), Oct. 17, 1984, 98 Stat. 2231; Pub. L. 99–120, § 4(a)(3), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99–156, § 4(a)(3), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99–219, § 4(a)(3), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99–267, § 4(a)(3), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99–272, title III, § 3010(a)(3), Apr. 7, 1986, 100 Stat. 106; Pub. L. 99–289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99–345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99–430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100–122, § 1, Sept. 30, Page 6061 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101 1987, 101 Stat. 793; Pub. L. 100–154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100–170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100–179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100–200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100–242, title V, § 541(c), Feb. 5, 1988, 101 Stat. 1939; Pub. L. 101–137, § 2, Nov. 3, 1989, 103 Stat. 824; Pub. L. 103–325, title V, § 575, Sept. 23, 1994, 108 Stat. 2278; Pub. L. 112–141, div. F, title II, §§ 100219, 100238(b)(1), July 6, 2012, 126 Stat. 932, 958.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (g), was in the original a reference to ‘‘this title’’ meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. CODIFICATION In subsec. (b), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2012—Pub. L. 112–141, § 100238(b)(1), substituted ‘‘Ad- ministrator’’ for ‘‘Director’’ wherever appearing. Subsec. (f)(2). Pub. L. 112–141, § 100219, struck out ‘‘, but which may not exceed 50 percent of the cost of carrying out the requested revision or update’’ before period at end. 1994—Subsecs. (e) to (j). Pub. L. 103–325 added subsecs. (e) to (j). 1989—Subsec. (a)(2). Pub. L. 101–137 added par. (2) and struck out former par. (2) which read as follows: ‘‘es- tablish flood-risk zones in all such areas, and make es- timates with respect to the rates of probable flood- caused loss for the various flood-risk zones for each of these areas, by September 30, 1989.’’ 1988—Subsec. (a)(2). Pub. L. 100–242 substituted ‘‘Sep- tember 30, 1989’’ for ‘‘March 15, 1988’’. 1987—Subsec. (a)(2). Pub. L. 100–200 substituted ‘‘March 15, 1988’’ for ‘‘December 16, 1987’’. Pub. L. 100–179 substituted ‘‘December 16, 1987’’ for ‘‘December 2, 1987’’. Pub. L. 100–170 substituted ‘‘December 2, 1987’’ for ‘‘November 15, 1987’’. Pub. L. 100–154 substituted ‘‘November 15, 1987’’ for ‘‘October 31, 1987’’. Pub. L. 100–122 substituted ‘‘October 31, 1987’’ for ‘‘September 30, 1987’’. 1986—Subsec. (a)(2). Pub. L. 99–430 substituted ‘‘Sep- tember 30, 1987’’ for ‘‘September 30, 1986’’. Pub. L. 99–345 substituted ‘‘September 30, 1986’’ for ‘‘June 6, 1986’’. Pub. L. 99–289 substituted ‘‘June 6, 1986’’ for ‘‘April 30, 1986’’. Pub. L. 99–272 directed amendment identical to Pub. L. 99–219 substituting ‘‘March 17, 1986’’ for ‘‘December 15, 1985’’. Pub. L. 99–267 substituted ‘‘April 30, 1986’’ for ‘‘March 17, 1986’’. 1985—Subsec. (a)(2). Pub. L. 99–219 substituted ‘‘March 17, 1986’’ for ‘‘December 15, 1985’’. Pub. L. 99–156 substituted ‘‘December 15, 1985’’ for ‘‘November 14, 1985’’. Pub. L. 99–120 substituted ‘‘November 14, 1985’’ for ‘‘September 30, 1985’’. 1984—Subsec. (b). Pub. L. 98–479 substituted reference to subsections (a) and (b) of section 3324 of title 31 for reference to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529). 1983—Subsec. (a). Pub. L. 98–181, § 451(d)(1), in provi- sions preceding par. (1) substituted ‘‘Director’’ for ‘‘Secretary’’. Subsec. (a)(2). Pub. L. 98–181, § 451(d)(6), substituted ‘‘by September 30, 1985’’ for ‘‘within fifteen years fol- lowing such date’’. Subsecs. (b), (c). Pub. L. 98–181, § 451(d)(1), substituted ‘‘Director’’ for ‘‘Secretary’’ wherever appearing. Subsec. (d). Pub. L. 98–181, § 451(d)(7), added subsec. (d). 1973—Pub. L. 93–234 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 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. FLOOD PROTECTION STRUCTURE ACCREDITATION TASK FORCE Pub. L. 112–141, div. F, title II, § 100226, July 6, 2012, 126 Stat. 942, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘flood protection structure accredita- tion requirements’ means the requirements estab- lished under section 65.10 of title 44, Code of Federal Regulations, for levee systems to be recognized on maps created for purposes of the National Flood In- surance Program; ‘‘(2) the term ‘National Committee on Levee Safe- ty’ means the Committee on Levee Safety established under section 9003 of the National Levee Safety Act of 2007 (33 U.S.C. 3302); and ‘‘(3) the term ‘task force’ means the Flood Protec- tion Structure Accreditation Task Force established under subsection (b). ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Administrator and the Sec- retary of the Army, acting through the Chief of Engi- neers, in cooperation with the National Committee on Levee Safety, shall jointly establish a Flood Pro- tection Structure Accreditation Task Force. ‘‘(2) DUTIES.— ‘‘(A) DEVELOPING PROCESS.—The task force shall develop a process to better align the information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program with the flood protection structure accreditation requirements so that— ‘‘(i) information and data collected for either purpose can be used interchangeably; and ‘‘(ii) information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program is sufficient to satisfy the flood protection structure accreditation re- quirements. ‘‘(B) GATHERING RECOMMENDATIONS.—The task force shall gather, and consider in the process de- veloped under subparagraph (A), recommendations Page 6062 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101a from interested persons in each region relating to the information, data, and accreditation require- ments described in subparagraph (A). ‘‘(3) CONSIDERATIONS.—In developing the process under paragraph (2), the task force shall consider changes to— ‘‘(A) the information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program; and ‘‘(B) the flood protection structure accreditation requirements. ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to require a reduction in the level of public safety and flood control provided by accredited levees, as determined by the Adminis- trator for purposes of this section. ‘‘(c) IMPLEMENTATION.—The Administrator and the Secretary of the Army, acting through the Chief of En- gineers, shall implement the process developed by the task force under subsection (b) not later than 1 year after the date of enactment of this Act [July 6, 2012] and shall complete the process under subsection (b) not later than 2 years after the date of enactment of this Act. ‘‘(d) REPORTS.—The Administrator and the Secretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly submit to the Committee on Bank- ing, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives reports concerning the activities of the task force and the implementation of the process developed by the task force under subsection (b), including— ‘‘(1) an interim report, not later than 180 days after the date of enactment of this Act [July 6, 2012]; and ‘‘(2) a final report, not later than 1 year after the date of enactment of this Act. ‘‘(e) TERMINATION.—The task force shall terminate on the date of submission of the report under subsection (d)(2).’’ [For definitions of terms used in section 100226 of Pub. L. 112–141, set out above, see section 4004 of this title.] GEOSPATIAL DIGITAL FLOOD HAZARD DATA Pub. L. 108–264, title I, § 107, June 30, 2004, 118 Stat. 724, provided that: ‘‘For the purposes of flood insurance and floodplain management activities conducted pursu- ant to the National Flood Insurance Program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), geospatial digital flood hazard data distributed by the Federal Emergency Management Agency, or its designee, or the printed products derived from that data, are interchangeable and legally equivalent for the determination of the location of 1 in 100 year and 1 in 500 year flood planes [sic], provided that all other geospatial data shown on the printed product meets or exceeds any accuracy standard promulgated by the Federal Emergency Management Agency.’’ REITERATION OF FEMA RESPONSIBILITY TO MAP MUDSLIDES Pub. L. 108–264, title I, § 109, June 30, 2004, 118 Stat. 725, as amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: ‘‘As directed in sec- tion 1360(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(b)), the Administrator of the Federal Emergency Management Agency is again directed to accelerate the identification of risk zones within flood- prone and mudslide-prone areas, as provided by sub- section (a)(2) of such section 1360, in order to make known the degree of hazard within each such zone at the earliest possible date.’’ TECHNICAL MAPPING ADVISORY COUNCIL Pub. L. 103–325, title V, § 576, Sept. 23, 1994, 108 Stat. 2280, established the Technical Mapping Advisory Coun- cil to help improve flood insurance rate maps and pro- vided for its termination 5 years after the appointment of all its members. § 4101a. Technical Mapping Advisory Council (a) Establishment There is established a council to be known as the Technical Mapping Advisory Council (in this section referred to as the ‘‘Council’’). (b) Membership (1) In general The Council shall consist of— (A) the Administrator (or the designee thereof); (B) the Secretary of the Interior (or the designee thereof); (C) the Secretary of Agriculture (or the designee thereof); (D) the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); and (E) 16 additional members appointed by the Administrator or the designee of the Ad- ministrator, who shall be— (i) a member of a recognized professional surveying association or organization; (ii) a member of a recognized profes- sional mapping association or organiza- tion; (iii) a member of a recognized profes- sional engineering association or organiza- tion; (iv) a member of a recognized profes- sional association or organization rep- resenting flood hazard determination firms; (v) a representative of the United States Geological Survey; (vi) a representative of a recognized pro- fessional association or organization rep- resenting State geographic information; (vii) a representative of State national flood insurance coordination offices; (viii) a representative of the Corps of En- gineers; (ix) a member of a recognized regional flood and storm water management orga- nization; (x) 2 representatives of different State government agencies that have entered into cooperating technical partnerships with the Administrator and have dem- onstrated the capability to produce flood insurance rate maps; (xi) 2 representatives of different local government agencies that have entered into cooperating technical partnerships with the Administrator and have dem- onstrated the capability to produce flood insurance maps; (xii) a member of a recognized floodplain management association or organization; (xiii) a member of a recognized risk man- agement association or organization; and (xiv) a State mitigation officer. (2) Qualifications Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography,