42 USC Ch. 50: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 50-NATIONAL FLOOD INSURANCE
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CHAPTER 50-NATIONAL FLOOD INSURANCE
Sec.
4001.
Congressional findings and declaration of purpose.
(a)
Necessity and reasons for flood insurance program.
(b)
Participation of Federal Government in flood insurance program carried out by private insurance industry.
(c)
Unified national program for flood plain management.
(d)
Authorization of flood insurance program; flexibility in program.
(e)
Land use adjustments by State and local governments; development of proposed future construction; assistance of lending and credit institutions; relation of Federal assistance to all flood-related programs; continuing studies.
(f)
Mudslides.
4002.
Additional Congressional findings and declaration of purpose.
4003.
Additional definitions.
SUBCHAPTER I-THE NATIONAL FLOOD INSURANCE PROGRAM
4011.
Authorization to establish and carry out program.
(a)
Authorization and establishment.
(b)
Additional coverage for compliance with land use and control measures.
(c)
Participation and risk sharing by insurers.
4012.
Scope of program and priorities.
(a)
Priority for insurance for certain residential and church properties and business concerns.
(b)
Availability of insurance for other properties.
(c)
Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measures.
4012a.
Flood insurance purchase and compliance requirements and escrow accounts.
(a)
Amount and term of coverage.
(b)
Requirement for mortgage loans.
(c)
Exceptions to purchase requirements.
(d)
Escrow of flood insurance payments.
(e)
Placement of flood insurance by lender.
(f)
Civil monetary penalties for failure to require flood insurance or notify.
(g)
Other actions to remedy pattern of noncompliance.
(h)
Fee for determining location.
4013.
Nature and limitation of insurance coverage.
(a)
Regulations respecting general terms and conditions of insurability.
(b)
Regulations respecting amount of coverage.
(c)
Effective date of policies.
4014.
Estimates of premium rates.
(a)
Studies and investigations.
(b)
Utilization of services of other Departments and agencies.
(c)
Priority to studies and investigations in States or areas evidencing positive interest in securing insurance under program.
(d)
Parishes of Louisiana; premium rates.
(e)
Eligibility of community making adequate progress on construction of flood protection system for rates not exceeding those applicable to completed flood protection system; determination of adequate progress.
(f)
Availability of flood insurance in communities restoring disaccredited flood protection systems; criteria; rates.
4015.
Chargeable premium rates.
(a)
Establishment; terms and conditions.
(b)
Considerations for rates.
(c)
Rate with respect to property the construction or substantial improvement of which has been started after December 31, 1974, or effective date of initial rate map published for area in which property is located, whichever is later.
(d)
Payment of certain sums to Director; deposits in Fund.
(e)
Annual limitation on premium increases.
4016.
Financing provisions; issuance of notes or other obligations; limitation; report to Congressional committees; deposits in Fund.
4017.
National Flood Insurance Fund.
(a)
Establishment; availability.
(b)
Credits to Fund.
(c)
Investment of moneys in obligations issued or guaranteed by United States.
(d)
Availability of Fund if operation of program is carried out through facilities of Federal Government.
(e)
Annual budget.
(f)
Availability of funds dependent on future appropriations acts.
4018.
Operating costs and allowances; definitions.
4019.
Payment of claims.
4020.
Dissemination of flood insurance information.
4021.
Repealed.
4022.
State and local land use controls.
(a)
Requirement for participation in flood insurance program.
(b)
Community rating system and incentives for community floodplain management.
4023.
Properties in violation of State and local law.
4024.
Coordination with other programs.
4025.
Flood insurance advisory committee.
(a)
Appointment; duties.
(b)
Membership.
(c)
Compensation and travel expenses.
4026.
Expiration of program.
4027.
Biennial report to President.
(a)
In general.
(b)
Effects of flood insurance program.
4028.
John H. Chafee Coastal Barrier Resources System.
4029.
Colorado River Floodway.
(a)
Renewal and transfer of policies; acquisition of policies after filing of maps.
(b)
New coverage for new construction or substantial improvements.
(c)
Establishment of temporary boundaries.
(d)
Loans by federally supervised, approved, regulated, or insured financial institutions.
SUBCHAPTER II-ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE PROGRAM
4041.
Implementation of program.
Part A-Industry Program With Federal Financial Assistance
4051.
Industry flood insurance pool; requirements for participation.
4052.
Agreements with flood insurance pool.
(a)
Authorization.
(b)
Terms and conditions.
(c)
Additional provisions.
4053.
Adjustment and payment of claims; judicial review; limitations; jurisdiction.
4054.
Premium equalization payments; basis; aggregate amount; establishment of designated periods.
4055.
Reinsurance coverage.
(a)
Availability for excess losses.
(b)
Availability pursuant to contract, agreement, or other arrangement; payment of premium, fee, or other charge.
(c)
Excess loss agreement; negotiation.
(d)
Submission of excess losses on portfolio basis.
4056.
Emergency implementation of flood insurance program; applicability of other provisions of law.
Part B-Government Program With Industry Assistance
4071.
Federal operation of program; determination by Director; fiscal agents; report to Congress.
4072.
Adjustment and payment of claims; judicial review; limitations; jurisdiction.
Part C-General Provisions
4081.
Services by insurance industry; contracts, agreements, or other arrangements.
4082.
Use of insurance pool, companies, or other private organizations for certain payments.
(a)
Authorization to enter into contracts for certain responsibilities.
(b)
Terms and conditions of contract.
(c)
Competitive bidding.
(d)
Findings of Director.
(e)
Bond; liability of certifying officers and disbursing officers.
(f)
Term of contract; renewals; termination.
4083.
Settlement of claims; arbitration.
4084.
Records and audits.
SUBCHAPTER III-COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGEMENT 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.
(b)
Accelerated identification of flood-risk zones; authority of Director: grants, technical assistance, transactions, and payments.
(c)
Priority in allocation of manpower and other available resources for identification and mapping of flood hazard areas and flood-risk zones.
(d)
Plan for bringing communities with flood-risk zones into full program status.
(e)
Review of flood maps.
(f)
Updating flood maps.
(g)
Availability of flood maps.
(h)
Notification of flood map changes.
(i)
Compendia of flood map changes.
(j)
Provision of information.
4102.
Criteria for land management and use.
(a)
Studies and investigations.
(b)
Extent of studies and investigations.
(c)
Development of comprehensive criteria designed to encourage adoption of adequate State and local measures.
4103.
Repealed.
4104.
Flood elevation determinations.
(a)
Publication or notification of proposed flood elevation determinations.
(b)
Publication of flood elevation determinations; appeal of owner or lessee to local government; scientific or technical knowledge or information as basis for appeal; modification of proposed determinations.
(c)
Appeals by private persons; submission of negativing or contradicting data to community; opinion of community respecting justification for appeal by community; transmission of individual appeals to Director; filing of community action with Director.
(d)
Administrative review of appeals by private persons; modification of proposed determinations; decision of Director: form and distribution.
(e)
Administrative review of appeals by community; agencies for resolution of conflicting data; availability of flood insurance pending such resolution; time for determination of Director; community adoption of local land use and control measures within reasonable time of final determination; public inspection and admissibility in evidence of reports and other administrative information.
(f)
Reimbursement of certain expenses; appropriation authorization.
(g)
Judicial review of final administrative determinations; venue; time for appeal; scope of review; good cause for stay of final determinations.
4104a.
Notice requirements.
(a)
Notification of special flood hazards.
(b)
Notification of change of servicer.
(c)
Notification of expiration of insurance.
4104b.
Standard hazard determination forms.
(a)
Development.
(b)
Design and contents.
(c)
Required use.
(d)
Guarantees regarding information.
(e)
Reliance on previous determination.
(f)
Effective date.
4104c.
Mitigation assistance.
(a)
Authority.
(b)
Planning assistance grants.
(c)
Eligibility for mitigation assistance.
(d)
Notification of approval and grant award.
(e)
Eligible mitigation activities.
(f)
Limitations on amount of assistance.
(g)
Matching requirement.
(h)
Oversight of mitigation plans.
(i)
Recapture.
(j)
Reports.
(k)
"Community" defined.
4104d.
National Flood Mitigation Fund.
(a)
Establishment and availability.
(b)
Credits.
(c)
Investment.
(d)
Report.
4105.
Disaster mitigation requirements; notification to flood-prone areas.
(a)
Initial notification.
(b)
Alternative actions of tentatively identified communities; public hearing; opportunity for submission of evidence; finality of administrative determination of existence or extent of flood hazard area.
(c)
Subsequent notification to additional communities known to be flood prone areas.
(d)
Provisions of section 4106 applicable to flood-prone communities disqualified for flood insurance program.
(e)
Administrative procedures; establishment; reimbursement of certain expenses; appropriation authorization.
4106.
Nonparticipation in flood insurance program.
(a)
Prohibition against Federal approval of financial assistance.
(b)
Notification of purchaser or lessee of property in flood hazard area of availability of Federal disaster relief assistance in event of a flood disaster.
4107.
Consultation with local officials; scope.
SUBCHAPTER IV-GENERAL PROVISIONS
4121.
Definitions.
4122.
Studies of other natural disasters; cooperation and consultation with other departments and agencies.
4123.
Advance payments.
4124.
Applicability of fiscal controls.
4125.
Finality of certain financial transactions.
4126.
Administrative expenses.
4127.
Authorization of appropriations; availability.
4128.
Rules and regulations.
4129.
Federal Insurance Administrator; establishment of position.
Chapter Referred to in Other Sections
This chapter is referred to in sections 4012a, 4107, 5172 of this title; title 16 section 3505; title 33 section 2318; title 43 section 1600k.