42 U.S.C. § 4105 — Disaster mitigation requirements; notifi-

Page 6078 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4105 was translated as meaning the date of enactment of Pub. L. 103–325, which enacted this section, to reflect the probable intent of Congress. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’. Subsec. (b)(1). Pub. L. 112–141, § 100225(e)(1)(A), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘in each fiscal year, amounts from the National Flood Insurance Fund not exceeding $40,000,000, to re- main available until expended;’’. Subsec. (b)(3). Pub. L. 112–141, § 100225(e)(1)(B), sub- stituted ‘‘section 4104c(e)’’ for ‘‘section 4104c(i)’’. Subsec. (c). Pub. L. 112–141, § 100238(b)(1), substituted ‘‘Administrator’’ for ‘‘Director’’ in two places. Pub. L. 112–141, § 100225(e)(2), substituted ‘‘section 4104c’’ for ‘‘sections 4104c and 4030’’. Subsecs. (d), (e). Pub. L. 112–141, § 100225(e)(4), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesig- nated (f) and (g), respectively. Subsecs. (f), (g). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’ wherever ap- pearing. Pub. L. 112–141, § 100225(e)(3), redesignated subsecs. (d) and (e) as (f) and (g), respectively. 2004—Subsec. (b)(1). Pub. L 108–264, § 103(d)(1), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘amounts from the National Flood Insurance Fund, in amounts not exceeding— ‘‘(A) $10,000,000 in the fiscal year ending September 30, 1994; ‘‘(B) $15,000,000 in the fiscal year ending September 30, 1995; ‘‘(C) $20,000,000 in the fiscal year ending September 30, 1996; and ‘‘(D) $20,000,000 in each fiscal year thereafter;’’. Subsecs. (c) to (e). Pub. L. 108–264, § 103(d)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 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. § 4105. Disaster mitigation requirements; notifi- cation to flood-prone areas (a) Initial notification Not later than six months following December 31, 1973, the Administrator shall publish infor- mation in accordance with section 4101(1) of this title, and shall notify the chief executive officer of each known flood-prone community not al- ready participating in the national flood insur- ance program of its tentative identification as a community containing one or more areas having special flood hazards. (b) Alternative actions of tentatively identified communities; public hearing; opportunity for submission of evidence; finality of adminis- trative determination of existence or extent of flood hazard area After such notification, each tentatively iden- tified community shall either (1) promptly make proper application to participate in the national flood insurance program or (2) within six months submit technical data sufficient to es- tablish to the satisfaction of the Administrator that the community either is not seriously flood prone or that such flood hazards as may have ex- isted have been corrected by flood-works or other flood control methods. The Administrator may, in his discretion, grant a public hearing to any community with respect to which con- flicting data exist as to the nature and extent of a flood hazard. If the Administrator decides not to hold a hearing, the community shall be given an opportunity to submit written and documen- tary evidence. Whether or not such hearing is granted, the Administrator’s final determina- tion as to the existence or extent of a flood haz- ard area in a particular community shall be deemed conclusive for the purposes of this Act if supported by substantial evidence in the record considered as a whole. (c) Subsequent notification to additional commu- nities known to be flood prone areas As information becomes available to the Ad- ministrator concerning the existence of flood hazards in communities not known to be flood prone at the time of the initial notification pro- vided for by subsection (a) of this section he shall provide similar notifications to the chief executive officers of such additional commu- nities, which shall then be subject to the re- quirements of subsection (b) of this section. (d) Provisions of section 4106 applicable to flood- prone communities disqualified for flood in- surance program Formally identified flood-prone communities that do not qualify for the national flood insur- ance program within one year after such notifi- cation or by the date specified in section 4106 of this title, whichever is later, shall thereafter be subject to the provisions of that section relating to flood-prone communities which are not par- ticipating in the program. (e) Administrative procedures; establishment; re- imbursement of certain expenses; appropria- tion authorization The Administrator is authorized to establish administrative procedures whereby the identi- fication under this section of one or more areas in the community as having special flood haz- ards may be appealed to the Administrator by the community or any owner or lessee of real property within the community who believes his property has been inadvertently included in a special flood hazard area by the identification. When, incident to any appeal under this sub- section, the owner or lessee of real property or the community, as the case may be, incurs ex- pense in connection with the services of sur- veyors, engineers, or similar services, but not including legal services, in the effecting of an appeal which is successful in whole or part, the Page 6079 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4106 Administrator shall reimburse such individual or community to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such serv- ices, but no reimbursement shall be made by the Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. There is authorized to be appropriated for purposes of implementing this subsection not to exceed $250,000. (Pub. L. 93–234, title II, § 201, Dec. 31, 1973, 87 Stat. 982; Pub. L. 95–128, title VII, § 704(d), Oct. 12, 1977, 91 Stat. 1146; Pub. L. 98–181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98–479, title II, § 204(j), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 112–141, div. F, title II, § 100238(a), July 6, 2012, 126 Stat. 958.) 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. AMENDMENTS 2012—Subsecs. (a) to (c), (e). Pub. L. 112–141 sub- stituted ‘‘Administrator’’ for ‘‘Director’’ and ‘‘Adminis- trator’s’’ for ‘‘Director’s’’ wherever appearing. 1984—Subsec. (e). Pub. L. 98–479 struck out quotation marks before ‘‘$250,000’’. 1983—Subsecs. (a) to (c), (e). Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Secretary’’ and ‘‘Director’s’’ for ‘‘Sec- retary’s’’ wherever appearing. 1977—Subsec. (e). Pub. L. 95–128 added subsec. (e). 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. § 4106. Nonparticipation in flood insurance pro- gram (a) Prohibition against Federal approval of fi- nancial assistance No Federal officer or agency shall approve any financial assistance for acquisition or construc- tion purposes on and after July 1, 1975, for use in any area that has been identified by the Admin- istrator as an area having special flood hazards unless the community in which such area is sit- uated is then participating in the national flood insurance program. (b) Notification of purchaser or lessee of prop- erty in flood hazard area of availability of Federal disaster relief assistance in event of a flood disaster In addition to the requirements of section 4104a of this title, each Federal entity for lend- ing regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender, described in such section to notify (as a condition of making, increasing, extending, or renewing any loan secured by property described in such section) the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal dis- aster relief assistance will be available to such property. (Pub. L. 93–234, title II, § 202, Dec. 31, 1973, 87 Stat. 982; Pub. L. 94–50, title III, § 303, July 2, 1975, 89 Stat. 256; Pub. L. 94–198, Dec. 31, 1975, 89 Stat. 1116; Pub. L. 94–375, § 14(a), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95–128, title VII, § 703(a), Oct. 12, 1977, 91 Stat. 1144; Pub. L. 98–181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103–325, title V, § 511(b), Sept. 23, 1994, 108 Stat. 2256; Pub. L. 112–141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.) Editorial Notes 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). Pub. L. 112–141 substituted ‘‘Admin- istrator’’ for ‘‘Director’’. 1994—Subsec. (b). Pub. L. 103–325 substituted ‘‘Federal entity for lending regulation shall by regulation re- quire the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender,’’ for ‘‘Federal instrumentality described in such section shall by regulation require the institutions’’. 1983—Subsec. (a). Pub. L. 98–181 substituted ‘‘Direc- tor’’ for ‘‘Secretary’’. 1977—Subsec. (b). Pub. L. 95–128 substituted provi- sions respecting notification of purchaser or lessee of property in flood hazards area of availability of Federal disaster relief assistance in the event of a flood disaster for prior provisions relating to: Federal regulations against loans by financial institutions, unaffected pre- March 1, 1976, residences, small business concerns, im- provements under $5,000 and nonresidential farm im- provement. 1976—Subsec. (b). Pub. L. 94–375 incorporated provi- sion regarding any loan made prior to March 1, 1976, to finance the acquisition of a previously occupied resi- dential dwelling into cl. (1) as so designated, added re- mainder of cl. (1), and cls. (2) to (4). 1975—Subsec. (b). Pub. L. 94–198 substituted ‘‘March 1, 1976’’ for ‘‘January 1, 1976’’. Pub. L. 94–50 inserted provision excepting from the prohibition of this section any loan made prior to Jan- uary 1, 1976, to finance the acquisition of a previously occupied residential dwelling.