§4101. Identification of flood-prone areas

(a) Publication of information; establishment of flood-risk zones; estimates of flood-caused loss

The Director is authorized to consult with, receive information from, and enter into any agreements or other arrangements with the Secretaries of the Army, the Interior, Agriculture, and Commerce, the Tennessee Valley Authority, and the heads of other Federal departments 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 respect to all flood plain areas, including coastal areas located in the United States, which has special flood hazards, within five years following August 1, 1968, and

(2) establish or update flood-risk zone data in all such areas, and make estimates with respect 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 Director: grants, technical assistance, transactions, and payments

The Director 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 make known the degree of hazard within each such zone at the earliest possible date. To accomplish this objective, the Director is authorized, without regard to subsections (a) and (b) of section 3324 of title 31 and section 5 of title 41, to make grants, provide technical assistance, 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 Interior (through the United States Geological Survey), 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 identification or delineation of flood-risk zones within the several States shall, in consultation with the Director, give the highest practicable priority in the allocation of available manpower and other available resources to the identification and mapping of flood hazard areas and flood-risk zones, in order to assist the Director to meet the deadline established by this section.

(d) Plan for bringing communities with flood-risk zones into full program status

The Director shall, not later than September 30, 1984, submit to the Congress a plan for bringing all communities containing flood-risk zones into full program status by September 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 Director determines necessary, the Director shall assess the need to revise and update all floodplain areas and flood risk zones identified, delineated, or established under this section, based on an analysis of all natural hazards affecting flood risks.

(f) Updating flood maps

The Director shall revise and update any floodplain areas and flood-risk zones-

(1) upon the determination of the Director, according to the assessment under subsection (e) of this section, that revision and updating are necessary 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 locality need revision or updating, if sufficient technical data justifying the request is submitted and the unit of government making the request agrees to provide funds in an amount determined by the Director, but which may not exceed 50 percent of the cost of carrying out the requested revision or update.

(g) Availability of flood maps

To promote compliance with the requirements of this chapter, the Director shall make flood insurance rate maps and related information available free of charge to the Federal entities for lending regulation, Federal agency lenders, State agencies directly responsible for coordinating the national flood insurance program, and appropriate representatives of communities participating in the national flood insurance 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 Director shall cause notice to be published in the Federal Register (or shall provide 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 published or otherwise provided not later than 30 days after the map change or revision becomes effective. Notice by any method other than publication in the Federal Register shall include all pertinent information, provide for regular and frequent distribution, and be at least as accessible to map users as notice in the Federal Register. All notices under this subsection shall include information on how to obtain copies of the changes or revisions.

(i) Compendia of flood map changes

Every 6 months, the Director shall publish separately in their entirety within a compendium, all changes and revisions to flood insurance map panels and all letters of map amendment and letters of map revision for which notice was published in the Federal Register or otherwise provided during the preceding 6 months. The Director shall make such compendia available, free of charge, to Federal entities for lending regulation, Federal agency lenders, and States and communities participating 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 National Flood Insurance Fund, pursuant to section 4017(b)(6) of this title.

(j) Provision of information

In the implementation of revisions to and updates of flood insurance rate maps, the Director shall share information, to the extent appropriate, with the Under Secretary of Commerce for Oceans and Atmosphere and representatives from State coastal zone management 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 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, 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 .)

References in Text

This chapter, referred to in subsec. (g), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572 , as amended, known as the National Flood Insurance Act of 1968, which enacted this chapter, amended section 2414 of this title, repealed sections 2401 to 2413 and 2415 to 2421 of this title, and enacted provisions set out as a note under section 4001 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

Amendments

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: "establish flood-risk zones in all such areas, and make estimates 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 "September 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 "September 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 provisions 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 following 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).

Technical Mapping Advisory Council

Section 576 of Pub. L. 103–325 provided that:

"(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 the Director of the Federal Emergency Management Agency (in this section referred to as the "Director"), or the Director's designee, and 10 additional members to be appointed by the Director or the designee of the Director, who shall be-

"(A) the Under Secretary of Commerce for Oceans and Atmosphere (or his or her designee);

"(B) a member of recognized surveying and mapping professional associations and organizations;

"(C) a member of recognized professional engineering associations and organizations;

"(D) a member of recognized professional associations or organizations representing flood hazard determination firms;

"(E) a representative of the United States Geologic Survey;

"(F) a representative of State geologic survey programs;

"(G) a representative of State national flood insurance coordination offices;

"(H) a representative of a regulated lending institution;

"(I) a representative of the Federal Home Loan Mortgage Corporation; and

"(J) a representative of the Federal National Mortgage Association.

"(2) Qualifications.-Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic information systems, or the technical aspects of preparing and using flood insurance rate maps.

"(c) Duties.-The Council shall-

"(1) make recommendations to the Director on how to improve in a cost-effective manner the accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps;

"(2) recommend to the Director mapping standards and guidelines for flood insurance rate maps; and

"(3) submit an annual report to the Director that contains-

"(A) a description of the activities of the Council;

"(B) an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update flood insurance rate maps, as established pursuant to the amendment made by section 675 [probably means section 575 of Pub. L. 103–325, which amended this section]; and

"(C) a summary of recommendations made by the Council to the Director.

"(d) Chairperson.-The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the 'Chairperson').

"(e) Coordination.-To ensure that the Council's recommendations are consistent to the maximum extent practicable with national digital spatial data collection and management standards, the Chairperson shall consult with the Chairperson of the Federal Geographic Data Committee (established pursuant to OMB Circular A–16).

"(f) Compensation.-Members of the Council shall receive no additional compensation by reason of their service on the Council.

"(g) Meetings and Actions.-

"(1) In general.-The Council shall meet not less than twice each year at the request of the Chairperson or a majority of its members and may take action by a vote of the majority of the members.

"(2) Initial meeting.-The Director, or a person designated by the Director, shall request and coordinate the initial meeting of the Council.

"(h) Officers.-The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c).

"(i) Staff of FEMA.-Upon the request of the Chairperson, the Director may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties.

"(j) Powers.-In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research as it considers appropriate.

"(k) Termination.-The Council shall terminate 5 years after the date on which all members of the Council have been appointed under subsection (b)(1)."

Section Referred to in Other Sections

This section is referred to in sections 4012a, 4013, 4014, 4015, 4017, 4104b, 4105 of this title.