Notes on 42 U.S.C. § 4001 : US Code - Notes

Search Notes on 42 U.S.C. § 4001 : US Code - Notes

(Pub. L. 90-448, title XIII, Sec. 1302, Aug. 1, 1968, 82 Stat. 572;
Pub. L. 91-152, title IV, Sec. 409(a), Dec. 24, 1969, 83 Stat. 397;
Pub. L. 93-234, title I, Sec. 108(a), Dec. 31, 1973, 87 Stat. 979;
Pub. L. 103-325, title V, Sec. 552(d), Sept. 23, 1994, 108 Stat.
2269.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (d) to (f), 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chapter, amended section 2414 of this title, repealed sections 2401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 below. For complete classification of this Act to the
Code, see Short Title note set out below and Tables.
AMENDMENTS
1994 - Subsec. (g). Pub. L. 103-325 struck out subsec. (g) which
read as follows: "The Congress also finds that (1) the damage and
loss which may result from the erosion and undermining of
shorelines by waves or currents in lakes and other bodies of water
exceeding anticipated cyclical levels 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 the erosion and
undermining of shorelines by waves or currents in lakes and other
bodies of water exceeding anticipated cyclical levels."
1973 - Subsec. (g). Pub. L. 93-234 added subsec. (g).
1969 - Subsec. (f). Pub. L. 91-152 added subsec. (f).
EFFECTIVE DATE
Section 1377 of title XIII of Pub. L. 90-448 provided that: "This
title [enacting this chapter, amending section 2414 of this title,
repealing sections 2401 to 2413 and 2415 to 2421 of this title, and
enacting provisions set out as notes under this section] shall take
effect one hundred and twenty days following the date of its
enactment [Aug. 1, 1968], except that the Secretary, on the basis
of a finding that conditions exist necessitating the prescribing of
an additional period, may prescribe a later effective date which in
no event shall be more than one hundred and eighty days following
such date of enactment."
SHORT TITLE OF 2005 AMENDMENTS
Pub. L. 109-106, Sec. 1, Nov. 21, 2005, 119 Stat. 2288, provided
that: "This Act [amending section 4016 of this title] may be cited
as the 'National Flood Insurance Program Further Enhanced Borrowing
Authority Act of 2005'."
Pub. L. 109-65, Sec. 1, Sept. 20, 2005, 119 Stat. 1998, provided
that: "This Act [amending section 4016 of this title] may be cited
as the 'National Flood Insurance Program Enhanced Borrowing
Authority Act of 2005'."
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-264, Sec. 1(a), June 30, 2004, 118 Stat. 712,
provided that: "This Act [enacting sections 4030 and 4102a of this
title, amending sections 4011, 4015 to 4017, 4022, 4026, 4056,
4104c, 4104d, 4121, and 4127 of this title, and enacting provisions
set out as notes under this section and sections 4011 and 4101 of
this title] may be cited as the 'Bunning-Bereuter-Blumenauer Flood
Insurance Reform Act of 2004'."
SHORT TITLE OF 2003 AMENDMENTS
Pub. L. 108-171, Sec. 1, Dec. 6, 2003, 117 Stat. 2064, provided
that: "This Act [amending sections 4016, 4026, 4056, and 4127 of
this title and enacting provisions set out as a note under section
4016 of this title] may be cited as the 'National Flood Insurance
Program Reauthorization Act of 2004'."
Pub. L. 108-3, Sec. 1, Jan. 13, 2003, 117 Stat. 7, provided that:
"This Act [amending sections 4016, 4026, 4056, and 4127 of this
title and enacting provisions set out as a note under section 4016
of this title] may be cited as the 'National Flood Insurance
Program Reauthorization Act of 2003'."
SHORT TITLE OF 1994 AMENDMENT
Section 501 of title V of Pub. L. 103-325 provided that: "This
title [enacting sections 4104b to 4104d and 5154a of this title,
amending this section, sections 4003, 4011, 4012a, 4013, 4015,
4017, 4022, 4026, 4027, 4029, 4056, 4081, 4101, 4104a, 4106, 4121,
and 5154 of this title, and sections 1784, 1820, 3305, and 4521 of
Title 12, Banks and Banking, repealing section 4103 of this title,
enacting provisions set out as notes under this section and
sections 4011, 4013, 4014, 4101 to 4103, and 4104c of this title,
and repealing provisions set out as a note under section 4015 of
this title] may be cited as the 'National Flood Insurance Reform
Act of 1994'."
SHORT TITLE OF 1973 AMENDMENT
Pub. L. 93-234, Sec. 1, Dec. 31, 1973, 87 Stat. 975, provided:
"That this Act [enacting sections 4002, 4003, 4012a, 4104, 4105 to
4107, and 4128 of this title, amending this section, sections 4013
to 4016, 4026, 4054, 4056, 4101, and 4121 of this title, and
sections 24 and 1709-1 of Title 12, Banks and Banking, and
repealing section 4021 of this title] may be cited as the 'Flood
Disaster Protection Act of 1973'."
SHORT TITLE
Section 1301 of title XIII of Pub. L. 90-448 provided that: "This
title [enacting this chapter, amending section 2414 of this title,
repealing sections 2401 to 2413 and 2415 to 2421 of this title, and
enacting provisions set out as a note under this section] may be
cited as the 'National Flood Insurance Act of 1968'."
REGULATIONS
Section 583 of title V of Pub. L. 103-325 provided that: "The
Director of the Federal Emergency Management Agency and any
appropriate Federal agency may each issue any regulations necessary
to carry out the applicable provisions of this title [see Short
Title of 1994 Amendment note above] and the applicable amendments
made by this title."
[For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]
EVALUATION OF EROSION HAZARDS
Section 577(a)-(g) of Pub. L. 103-325 provided that:
"(a) Report Requirement. - The Director of the Federal Emergency
Management Agency (in this section referred to as the 'Director')
shall submit a report under this section to the Congress that -
"(1) lists all communities that are likely to be identified as
having erosion hazard areas;
"(2) estimates the amount of flood insurance claims under the
national flood insurance program that are attributable to
erosion;
"(3) states the amount of flood insurance claims under such
program that are attributable to claims under section 1306(c) of
the National Flood Insurance Act of 1968 [42 U.S.C. 4013(c)];
"(4) assesses the full economic impact of erosion on the
National Flood Insurance Fund; and
"(5) determines the costs and benefits of expenditures
necessary from the National Flood Insurance Fund to complete
mapping of erosion hazard areas.
"(b) Estimate of Flood Claims. - In developing the estimate under
subsection (a)(2) -
"(1) the Director may map a statistically valid and
representative number of communities with erosion hazard areas
throughout the United States, including coastal, Great Lakes,
and, if technologically feasible, riverine areas; and
"(2) the Director shall take into consideration the efforts of
State and local governments to assess, measure, and reduce
erosion hazards.
"(c) Economic Impact. -
"(1) In general. - The assessment under subsection (a)(4) shall
assess the economic impact of -
"(A) erosion on communities listed pursuant to subsection
(a)(1);
"(B) the denial of flood insurance for all structures in
communities listed pursuant to subsection (a)(1);
"(C) the denial of flood insurance for structures that are
newly constructed in whole in communities listed pursuant to
subsection (a)(1);
"(D) the establishment of (i) actuarial rates for existing
structures in communities listed pursuant to subsection (a)(1),
and (ii) actuarial rates for such structures in connection with
the denial of flood insurance as described in subparagraph (C);
"(E) the establishment of actuarial rates for structures
newly constructed in whole in erosion hazard areas in
communities listed pursuant to subsection (a)(1);
"(F) the denial of flood insurance pursuant to existing
requirements for coverage under the national flood insurance
program;
"(G) erosion hazard assessment, measurement, and management
activities undertaken by State and local governments, including
building restrictions, beach nourishment, construction of sea
walls and levees, and other activities that reduce the risk of
damage due to erosion; and
"(H) the mapping and identifying of communities (or
subdivisions thereof) having erosion hazard areas.
"(2) Scope. - In assessing the economic impact of the
activities under subparagraphs (A) through (H) of paragraph (1),
the assessment under subsection (a)(4) shall address such impact
on all significant economic factors, including the impact on -
"(A) the value of residential and commercial properties in
communities with erosion hazards;
"(B) community tax revenues due to potential changes in
property values or commercial activity;
"(C) employment, including the potential loss or gain of
existing and new jobs in the community;
"(D) existing businesses and future economic development;
"(E) the estimated cost of Federal and State disaster
assistance to flood victims; and
"(F) the mapping and identifying of communities (or
subdivisions thereof) having erosion hazard areas.
"(3) Preparation. - The assessment required under subsection
(a)(4) shall be conducted by a private independent entity
selected by the Director. The private entity shall consult with a
statistically valid and representative number of communities
listed pursuant to subsection (a)(1) in conducting the
assessment.
"(d) Costs and Benefits of Mapping. - The determination under
subsection (a)(5) shall -
"(1) determine the costs and benefits of mapping erosion hazard
areas, based upon the Director's estimate of the actual and
prospective amount of flood insurance claims attributable to
erosion;
"(2) if the Director determines that the savings to the
National Flood Insurance Fund will exceed the cost of mapping
erosion hazard areas, further assess whether using flood
insurance premiums for costs of mapping erosion hazard areas is
cost-beneficial compared to alternative uses of such amounts,
including -
"(A) funding the mitigation assistance program under section
1366 of the National Flood Insurance Act of 1968 [42 U.S.C.
4104c] (as added by section 553 of this Act);
"(B) funding the program under section 1304(b) of the
National Flood Insurance Act of 1968 [42 U.S.C. 4011(b)] (as
added by section 555(a) of this Act) that provides additional
coverage under the national flood insurance program for
compliance with land use and control measures; and
"(C) reviewing, revising, and updating flood insurance rate
maps under subsections (e) and (f) of section 1360 of the
National Flood Insurance Act of 1968 [42 U.S.C. 4101(e), (f)]
(as added by the amendment made by section 575 of this Act);
"(3) if the Director determines under subsection (b)(1) that
mapping of riverine areas for erosion hazard areas is
technologically feasible, determine the costs and benefits of
conducting the mapping of erosion hazards in riverine areas (A)
separately from the mapping of other erosion hazard areas, and
(B) together with the mapping of other such areas;
"(4) if the Director determines that the savings to the
National Flood Insurance Fund will exceed the cost of mapping
erosion hazard areas in riverine areas, assess whether using
flood insurance premiums for costs of mapping erosion hazard
areas in riverine areas is cost-beneficial compared to
alternative uses of such amounts, including the uses under
subparagraphs (A) through (C) of paragraph (2); and
"(5) determine the costs and benefits of mapping erosion, other
than those directly related to the financial condition of the
National Flood Insurance Program, and the costs of not mapping
erosion.
"(e) Definition. - For purposes of this section, the term
'erosion hazard area' means, based on erosion rate information and
other historical data available, an area where erosion or avulsion
is likely to result in damage to or loss of buildings and
infrastructure within a 60-year period.
"(f) Consultation. - In preparing the report under this section,
the Director shall consult with -
"(1) representatives from State coastal zone management
programs approved under section 306 of the Coastal Zone
Management Act of 1972 [16 U.S.C. 1455];
"(2) the Administrator of the National Oceanic and Atmospheric
Administration; and
"(3) any other persons, officials, or entities that the
Director considers appropriate.
"(g) Submission. - The Director shall submit the report to the
Congress as soon as practicable, but not later than 2 years after
the date of enactment of this Act [Sept. 23, 1994]."
RELATION OF TITLE V OF PUB. L. 103-325 TO STATE AND LOCAL LAWS
Section 584 of title V of Pub. L. 103-325 provided that: "This
title [see Short Title of 1994 Amendment note above] and the
amendments made by this title may not be construed to preempt,
annul, alter, amend, or exempt any person from compliance with any
law, ordinance, or regulation of any State or local government with
respect to land use, management, or control."
FLOODPLAIN MANAGEMENT
For provisions relating to the reduction of the risk of flood
loss, the minimization of the impact of floods on human safety,
health and welfare, and the management of floodplains, see Ex. Ord.
No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under
section 4321 of this title.