42 U.S.C. § 4105 : US Code - Section 4105: Disaster mitigation requirements; notification to flood- prone areas

Search 42 U.S.C. § 4105 : US Code - Section 4105: Disaster mitigation requirements; notification to flood- prone areas

(a) Initial notification
Not later than six months following December 31, 1973, the
Director shall publish information in accordance with section
4101(1) of this title, and shall notify the chief executive officer
of each known flood-prone community not already participating in
the national flood insurance program of its tentative
identification as a community containing one or more areas having
special flood hazards.
(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
After such notification, each tentatively identified community
shall either (1) promptly make proper application to participate in
the national flood insurance program or (2) within six months
submit technical data sufficient to establish to the satisfaction
of the Director that the community either is not seriously flood
prone or that such flood hazards as may have existed have been
corrected by flood-works or other flood control methods. The
Director may, in his discretion, grant a public hearing to any
community with respect to which conflicting data exist as to the
nature and extent of a flood hazard. If the Director decides not to
hold a hearing, the community shall be given an opportunity to
submit written and documentary evidence. Whether or not such
hearing is granted, the Director's final determination as to the
existence or extent of a flood hazard area in a particular
community shall be deemed conclusive for the purposes of this Act
if supported by substantial evidence in the record considered as a
whole.
(c) Subsequent notification to additional communities known to be
flood prone areas
As information becomes available to the Director concerning the
existence of flood hazards in communities not known to be flood
prone at the time of the initial notification provided for by
subsection (a) of this section he shall provide similar
notifications to the chief executive officers of such additional
communities, which shall then be subject to the requirements of
subsection (b) of this section.
(d) Provisions of section 4106 applicable to flood-prone
communities disqualified for flood insurance program
Formally identified flood-prone communities that do not qualify
for the national flood insurance program within one year after such
notification or by the date specified in section 4106 of this
title, whichever is later, shall thereafter be subject to the
provisions of that section relating to flood-prone communities
which are not participating in the program.
(e) Administrative procedures; establishment; reimbursement of
certain expenses; appropriation authorization
The Director is authorized to establish administrative procedures
whereby the identification under this section of one or more areas
in the community as having special flood hazards may be appealed to
the Director by the community or any owner or lessee of real
property within the community who believes his property has been
inadvertently included in a special flood hazard area by the
identification. When, incident to any appeal under this subsection,
the owner or lessee of real property or the community, as the case
may be, incurs expense in connection with the services of
surveyors, engineers, or similar services, but not including legal
services, in the effecting of an appeal which is successful in
whole or part, the Director shall reimburse such individual or
community to an extent measured by the ratio of the successful
portion of the appeal as compared to the entire appeal and applying
such ratio to the reasonable value of all such services, but no
reimbursement shall be made by the Director in respect to any fee
or expense payment, the payment of which was agreed to be
contingent upon the result of the appeal. There is authorized to be
appropriated for purposes of implementing this subsection not to
exceed $250,000.