Disaster Management Act National Flood Insurance Act of 1968 Estados Unidos de America

ALL-HAZARD AUTHORITIES OF THEFEDERAL EMERGENCY MANAGEMENT AGENCY

THE NATIONAL FLOOD INSURANCE ACT OF 1968, AS AMENDED, AND

THE FLOOD DISASTER PROTECTION ACT OF 1973, AS AMENDED

42 U.S.C. 4001 et seq.

OFFICE OF THE GENERAL COUNSEL AUGUST, 1997 i The National Flood Insurance Act of 1968, as amended, and The Flood Disaster Protection Act of 1973, as amended,42 U.S.C. 4001 et. seq.

TABLE OF CONTENTS

The National Flood Insurance Act of 1968, AS AMENDED, AND THE FLOOD DISASTER PROTECTION ACT OF 1973, AS AMENDED, 42 U.S.C. 4001 et. seq

TABLE OF CONTENTS

§ 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

(d) Authorization of flood insurance program; flexibility in program

(f) Mudslides

§ 4002. Additional Congressional findings and declaration of purpose 3

§ 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

§ 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

(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

§ 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

(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

§ 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

§ 4026. Expiration of program

§ 4027. Biennial report to President

(a) In general

(b) Effects of flood insurance program

§ 4028. 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 40(d) Loans by federally supervised, approved, regulated, or insured financial institutions

SUBCHAPTER II--ORGANIZATION AND ADMINISTRATION OF FLOODINSURANCE PROGRAM

§ 4041. Implementation of program

PART A--INDUSTRY PROGRAM WITH FEDERAL FINANCIALASSISTANCE

§ 4051. Industry flood insurance pool; requirements for participation

§ 4052. Agreements with flood insurance pool

(a) Authorization

(b) Terms and conditions

§ 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

(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

ALL-HAZARD AUTHORITIES of the Federal Emergency Management Agency

§ 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 48

§ 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

(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 WITHLAND-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

§ 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

(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

(d) Report

§ 4105. Disaster mitigation requirements; notification to flood-prone areas

ALL-HAZARD AUTHORITIES of the Federal Emergency Management Agency

(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

(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

§ 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

UNITED STATES CODE

TITLE 42 -- THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 -- NATIONAL FLOOD INSURANCE

{Sec. 1301} (Exect as noted otherwise, marginal section numbers are references to title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the National Flood Insurance Act of 1968,)

§ 4001. Congressional findings and declaration of purpose

(a) Necessity and reasons for flood insurance program

The Congress finds that (1) from time to time flood disasters have created personal hardships and economic distress which have required unforeseen disaster relief measures and have placed an increasing burden on the Nation's resources; (2) despite the installation of preventive and protective works and the adoption of other public programs designed to reduce losses caused by flood damage, these methods have not been sufficient to protect adequately against growing exposure to future flood losses; (3) as a matter of national policy, a reasonable method of sharing the risk of flood losses is through a program of flood insurance which can complement and encourage preventive and protective measures; and (4) if such a program is initiated and carried out gradually, it can be expanded as knowledge is gained and experience is appraised, thus eventually making flood insurance coverage available on reasonable terms and conditions to persons who have need for such protection.

(b) Participation of Federal Government in flood insurance program carried out by private insurance industry

The Congress also finds that (1) many factors have made it uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions; but (2) a program of flood insurance with large-scale participation of the Federal Government and carried out to the maximum extent practicable by the private insurance industry is feasible and can be initiated.

The Congress further finds that (1) a program of flood insurance can promote the public interest by providing appropriate protection against the perils of flood losses and encouraging sound land use by minimizing exposure of property to flood losses; and (2) the objectives of a flood insurance programshould be integrally related to a unified national program for flood plain management and, to this end, it is the sense of Congress that within two years following the effective date of this chapter the President should transmit to the Congress for its consideration any further proposals necessary for such a unified program, including proposals for the allocation of costs among beneficiaries of flood protection.

(d) Authorization of flood insurance program; flexibility in program

It is therefore the purpose of this chapter to (1) authorize a flood insurance program by means of which flood insurance, over a period of time, can be made available on a nationwide basis through the cooperative efforts of the Federal Government and the private insurance industry, and (2) provide flexibility in the program so that such flood insurance may be based on workable methods of pooling risks, minimizing costs, and distributing burdens equitably among those who will be protected by flood insurance and the general public.

(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

It is the further purpose of this chapter to (1) encourage State and local governments to make appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses, (2) guide the development of proposed future construction, where practicable, away from locations which are threatened by flood hazards, (3) encourage lending and credit institutions, as a matter of national policy, to assist in furthering the objectives of the flood insurance program, (4) assure that any Federal assistance provided under the program will be related closely to all flood-related programs and activities of the Federal Government, and (5) authorize continuing studies of flood hazards in order to provide for a constant reappraisal of the flood insurance program and its effect on land use requirements.

(f) Mudslides

The Congress also finds that (1) the damage and loss which results from mudslides is related in cause and similar in effect to that which results directly from storms, deluges, overflowing waters, and other forms of flooding, and (2) the problems involved in providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. It is therefore the further purpose of this chapter to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this chapter for purposes of the flood insurance program, protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground.

{Sec. 2} (2 Sec. 2 of the Flood Disaster Protection Act of 1973, as amended, Pub. L. 93-234, Dec. 31, 1973, 87 Stat. 975, as amended.)

§ 4002. Additional Congressional findings and declaration of purpose

(a) The Congress finds that-

(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards;

(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities;

(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended;

(4) Federal instrumentalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;

(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and

(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of coverage, so that they will be indemnified, for their losses in the event of future flood disasters.

(b) The purpose of this Act, therefore, is to-

(1) substantially increase the limits of coverage authorized under the national flood insurance program;

(2) provide for the expeditious identification of, and the dissemination of information concerning, flood-prone areas;

(3) require States or local communities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plain ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and

(4) require the purchase of flood insurance by property owners who are being assisted by Federal programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identified areas having special flood hazards.

{Sec. 33} (Of the Flood Disaster Protection Act of 1973, as amended. )

§ 4003. Additional definitions

(a) As used in this Act, unless the context otherwise requires, the term-

(1) “community” means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards

(2) “Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;

(3) “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States;

(4) “financial assistance for acquisition or construction purposes” means any form of financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] (other than assistance under such Act in connection with a flood);

(5) “Federal entity for lending regulation” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, and the Farm Credit Administration, and with respect to a particular regulated lending institution means the entity primarily responsible for the supervision of the institution;

(6) “Director” means the Director of the Federal Emergency Management Agency

(7) “Federal agency lender” means a Federal agency that makes direct loans secured by improved real estate or a mobile home, to the extent such agency acts in such capacity;

(8) the term “improved real estate” means real estate upon which a building is located;

(9) “lender” means a regulated lending institution or Federal agency lender;

(10) “regulated lending institution” means any bank, savings and loan association, credit union, farm credit bank, Federal land bank association, production credit association, or similar institution subject to the supervision of a Federal entity for lending regulation; and

(11) “servicer” means the person responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan.

(b) The Director is authorized to define or redefine, by rules and regulations, any scientific or technical term used in this Act, insofar as such definition is not inconsistent with the purposes of this Act.

…

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