§4102. Criteria for land management and use

(a) Studies and investigations

The Director is authorized to carry out studies and investigations, utilizing to the maximum extent practicable the existing facilities and services of other Federal departments or agencies, and State and local governmental agencies, and any other organizations, with respect to the adequacy of State and local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention, and may enter into any contracts, agreements, or other appropriate arrangements to carry out such authority.

(b) Extent of studies and investigations

Such studies and investigations shall include, but not be limited to, laws, regulations, or ordinances relating to encroachments and obstructions on stream channels and floodways, the orderly development and use of flood plains of rivers or streams, floodway encroachment lines, and flood plain zoning, building codes, building permits, and subdivision or other building restrictions.

(c) Development of comprehensive criteria designed to encourage adoption of adequate State and local measures

On the basis of such studies and investigations, and such other information as he deems necessary, the Director shall from time to time develop comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will-

(1) constrict the development of land which is exposed to flood damage where appropriate,

(2) guide the development of proposed construction away from locations which are threatened by flood hazards,

(3) assist in reducing damage caused by floods, and

(4) otherwise improve the long-range land management and use of flood-prone areas,

and he shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of such criteria and the adoption and enforcement of such measures.

( Pub. L. 90–448, title XIII, §1361, Aug. 1, 1968, 82 Stat. 587 ; Pub. L. 91–152, title IV, §410(c), Dec. 24, 1969, 83 Stat. 397 ; Pub. L. 98–181, title IV, §451(d)(1), Nov. 30, 1983, 97 Stat. 1229 .)

Amendments

1983-Subsecs. (a), (c). Pub. L. 98–181 substituted "Director" for "Secretary".

1969-Subsec. (c). Pub. L. 91–152 substituted provisions requiring development of criteria designed to encourage adoption of adequate State and local measures, for provisions requiring development of criteria designed to encourage adoption of permanent State and local measures.

Task Force on Natural and Beneficial Functions of the Floodplain

Pub. L. 103–325, title V, §562, Sept. 23, 1994, 108 Stat. 2276 , provided that:

"(a) Establishment.-There is hereby established an interagency task force to be known as the Task Force on Natural and Beneficial Functions of the Floodplain (in this section referred to as the 'Task Force').

"(b) Membership.-The Task Force shall be composed of 5 members, who shall be the designees of-

"(1) the Under Secretary of Commerce for Oceans and Atmosphere;

"(2) the Director of the United States Fish and Wildlife Service;

"(3) the Administrator of the Environmental Protection Agency;

"(4) the Secretary of the Army, acting through the Chief of Engineers; and

"(5) the Director of the Federal Emergency Management Agency.

"(c) Duties.-The Task Force shall-

"(1) conduct a study to-

"(A) identify the natural and beneficial functions of the floodplain that reduce flood-related losses; and

"(B) develop recommendations on how to reduce flood losses by protecting the natural and beneficial functions of the floodplain; and

"(2) make the information and recommendations under subparagraphs (A) and (B) publicly available.

"(d) Noncompensation.-Members of the Task Force shall receive no additional pay by reason of their service on the Task Force.

"(e) Chairperson.-The members of the Task Force shall elect one member as chairperson of the Task Force.

"(f) Meetings and Action.-The Task Force shall meet at the call of the chairperson or a majority of the members of the Task Force and may take action by a vote of the majority of the members. The Federal Insurance Administrator shall coordinate and call the initial meeting of the Task Force.

"(g) Officers.-The chairperson of the Task Force may appoint any officers to carry out the duties of the Task Force under subsection (c).

"(h) Staff of Federal Agencies.-Upon request of the chairperson of the Task Force, the head of any of the Federal agencies and entities referred to under subsection (b) may detail, on a nonreimbursable basis, any of the personnel of such agency to the Task Force to assist the Task Force in carrying out its duties under this section.

"(i) Powers.-In carrying out this section, the Task Force may hold hearings, sit and act at times and places, take testimony, receive evidence and assistance, provide information, and conduct research as the Task Force considers appropriate.

"(j) Termination.-The Task Force shall terminate upon the expiration of the 24-month period beginning upon the designation of the last member to be designated under subsection (b)."

Section Referred to in Other Sections

This section is referred to in sections 4011, 4012, 4022, 4104, 4104c of this title.