42 U.S.C. § 4029 — Colorado River Floodway

Page 6045 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4029 1 See References in Text note below. institution may make loans secured by struc- tures which are not eligible for flood insurance by reason of this section. (b) No new flood insurance coverage may be provided under this chapter after the expiration of the 1-year period beginning on November 16, 1990, for any new construction or substantial im- provements of structures located in any area identified and depicted on the maps referred to in section 3503(a) of title 16 as an area that is (1) not within the John H. Chafee Coastal Barrier Resources System and (2) is in an otherwise pro- tected area. Notwithstanding the preceding sen- tence, new flood insurance coverage may be pro- vided for structures in such protected areas that are used in a manner consistent with the pur- pose for which the area is protected. (Pub. L. 90–448, title XIII, § 1321, as added Pub. L. 97–35, title III, § 341(d)(1), Aug. 13, 1981, 95 Stat. 419; amended Pub. L. 97–348, § 11(a), Oct. 18, 1982, 96 Stat. 1658; Pub. L. 101–591, § 9, Nov. 16, 1990, 104 Stat. 2938; Pub. L. 106–167, § 3(c)(7), Dec. 9, 1999, 113 Stat. 1804.) 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. 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. AMENDMENTS 1999—Pub. L. 106–167 amended section catchline and substituted ‘‘John H. Chafee Coastal Barrier Resources System’’ for ‘‘Coastal Barrier Resources System’’ in subsecs. (a) and (b). 1990—Pub. L. 101–591 designated existing provisions as subsec. (a) and added subsec. (b). 1982—Subsecs. (a) to (c). Pub. L. 97–348 struck out sub- sec. designations in subsecs. (a) and (c), in provisions of former subsec. (a) substituted ‘‘on any coastal barrier within the Coastal Barrier Resources System estab- lished by section 3503 of title 16’’ for ‘‘on undeveloped coastal barriers which shall be designated by the Sec- retary of the Interior’’, and struck out subsec. (b) which provided definitions for purposes of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as a note under section 3701 of Title 12, Banks and Banking. STUDY FOR DESIGNATION OF UNDEVELOPED COASTAL BARRIERS; REPORT AND RECOMMENDATIONS TO CON- GRESS Pub. L. 97–35, title III, § 341(d)(2), Aug. 13, 1981, 95 Stat. 419, relating to a study by the Secretary of the In- terior for the purpose of designating the undeveloped coastal barriers affected by this section, and trans- mittal to Congress of a report on such study, was re- pealed by Pub. L. 97–348, § 11(b), Oct. 18, 1982, 96 Stat. 1659. § 4029. Colorado River Floodway (a) Renewal and transfer of policies; acquisition of policies after filing of maps Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under section 1600c of title 43 shall have the right to renew and transfer such policies. Owners of existing struc- tures located within said Floodway on October 8, 1986, who have not acquired National Flood In- surance Act policies shall have the right to ac- quire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 1 of title 43 and to renew and transfer such policies. (b) New coverage for new construction or sub- stantial improvements No new flood insurance coverage may be pro- vided under this chapter on or after a date six months after October 8, 1986, for any new con- struction or substantial improvements of struc- tures located within the Colorado River Floodway established by section 1600c of title 43. New construction includes all structures that are not insurable prior to that date. (c) Establishment of temporary boundaries The Secretary of the Interior may by rule after notice and comment pursuant to section 553 of title 5 establish temporary Floodway boundaries to be in effect until the maps re- quired by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section. (d) Loans by federally supervised, approved, reg- ulated, or insured financial institutions A regulated lending institution or Federal agency lender may make loans secured by struc- tures which are not eligible for flood insurance by reason of this section: Provided, That prior to making such a loan, such institution determines that the loans or structures securing the loan are within the Floodway. (Pub. L. 90–448, title XIII, § 1322, as added Pub. L. 99–450, § 12, Oct. 8, 1986, 100 Stat. 1135; amended Pub. L. 100–242, title V, § 545(e), Feb. 5, 1988, 101 Stat. 1942; Pub. L. 103–325, title V, § 512(b), Sept. 23, 1994, 108 Stat. 2257.) Editorial Notes REFERENCES IN TEXT The National Flood Insurance Act, referred to in sub- sec. (a), probably means the National Flood Insurance Act of 1968, 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. Section 1600c(b)(2) of title 43, referred to in subsecs. (a) and (c), was struck out and former subsec. (b)(1)(ii) redesignated (b)(2) of section 1600c by Pub. L. 105–362, title IX, § 901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As amended, section 1600c(b)(2) no longer relates to maps required to be prepared and filed by the Secretary. This chapter, referred to in subsec. (b), 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. AMENDMENTS 1994—Subsec. (d). Pub. L. 103–325 substituted ‘‘regu- lated lending institution or Federal agency lender’’ for Page 6046 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4030 1 See References in Text note below. ‘‘federally supervised, approved, regulated or insured fi- nancial institution’’. 1988—Pub. L. 100–242 inserted section catchline. § 4030. Repealed. Pub. L. 112–141, div. F, title II, § 100225(b), July 6, 2012, 126 Stat. 941 Section, Pub. L. 90–448, title XIII, § 1323, as added Pub. L. 108–264, title I, § 104(a), June 30, 2004, 118 Stat. 722, provided funding for mitigation actions that reduce flood damages to individual properties for which 1 or more claim payments for losses have been made under flood insurance coverage under this chapter. § 4031. Treatment of certain payments Assistance provided under a program under this chapter for flood mitigation activities (in- cluding any assistance provided under the miti- gation pilot program under section 4102a 1 of this title, any assistance provided under the mitiga- tion assistance program under section 4104c of this title, and any funding provided under sec- tion 4030 1 of this title) with respect to a prop- erty shall not be considered income or a re- source of the owner of the property when deter- mining eligibility for or benefit levels under any income assistance or resource-tested program that is funded in whole or in part by an agency of the United States or by appropriated funds of the United States. (Pub. L. 90–448, title XIII, § 1324, as added Pub. L. 109–64, § 1, Sept. 20, 2005, 119 Stat. 1997.) 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. 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. Section 4102a of this title, referred to in text, was re- pealed by Pub. L. 112–141, div. F, title II, § 100225(c), July 6, 2012, 126 Stat. 941. Section 4030 of this title, referred to in text, was re- pealed by Pub. L. 112–141, div. F, title II, § 100225(b), July 6, 2012, 126 Stat. 941. § 4032. Treatment of swimming pool enclosures outside of hurricane season (a) In general Notwithstanding any other provision of law, including the adequate land use and control measures developed pursuant to section 4102 of this title and applicable to non-one- and two- family structures located within coastal areas, as identified by the Administrator, the following may be permitted: (1) Nonsupporting breakaway walls in the space below the lowest elevated floor of a building, if the space is used solely for a swim- ming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map. (2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map. (b) Rule of construction Nothing in subsection (a) shall be construed to alter the terms and conditions of eligibility and insurability of coverage for a building under the standard flood insurance policy under the na- tional flood insurance program. (Pub. L. 90–448, title XIII, § 1325, as added Pub. L. 112–141, div. F, title II, § 100242, July 6, 2012, 126 Stat. 962.) § 4033. Designation of Flood Insurance Advocate (a) In general The Administrator shall designate a Flood In- surance Advocate to advocate for the fair treat- ment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. (b) Duties and responsibilities The duties and responsibilities of the Flood In- surance Advocate designated under subsection (a) shall be to— (1) educate property owners and policy- holders under the National Flood Insurance Program on— (A) individual flood risks; (B) flood mitigation; (C) measures to reduce flood insurance rates through effective mitigation; (D) the flood insurance rate map review and amendment process; and (E) any changes in the flood insurance pro- gram as a result of any newly enacted laws (including this Act); (2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements re- lated to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks; (3) assist in the development of regional ca- pacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions; (4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and (5) aid potential policy holders under the Na- tional Flood Insurance Program in obtaining and verifying accurate and reliable flood in- surance rate information when purchasing or renewing a flood insurance policy. (Pub. L. 113–89, § 24, Mar. 21, 2014, 128 Stat. 1030.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1)(E), is Pub. L. 113–89, Mar. 21, 2014, 128 Stat. 1020, known as the Home- owner Flood Insurance Affordability Act of 2014. For complete classification of this Act to the Code, see Short Title of 2014 Amendment note set out under sec- tion 4001 of this title and Tables. CODIFICATION Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of