
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4101]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
  SUBCHAPTER III--COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGEMENT 
                      PROGRAMS IN FLOOD-PRONE AREAS
 
Sec. 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, Sec. 1360, Aug. 1, 1968, 82 Stat. 587; Pub. 
L. 93-234, title II, Sec. 204, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98-
181, title IV, Sec. 451(d)(1), (6), (7), Nov. 30, 1983, 97 Stat. 1229; 
Pub. L. 98-479, title II, Sec. 203(j)(2), Oct. 17, 1984, 98 Stat. 2231; 
Pub. L. 99-120, Sec. 4(a)(3), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99-
156, Sec. 4(a)(3), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99-219, 
Sec. 4(a)(3), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99-267, 
Sec. 4(a)(3), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99-272, title III, 
Sec. 3010(a)(3), Apr. 7, 1986, 100 Stat. 106; Pub. L. 99-289, Sec. 1(b), 
May 2, 1986, 100 Stat. 412; Pub. L. 99-345, Sec. 1, June 24, 1986, 100 
Stat. 673; Pub. L. 99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100-
122, Sec. 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, Sec. 541(c), Feb. 5, 
1988, 101 Stat. 1939; Pub. L. 101-137, Sec. 2, Nov. 3, 1989, 103 Stat. 
824; Pub. L. 103-325, title V, Sec. 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, Sec. 451(d)(1), in provisions 
preceding par. (1) substituted ``Director'' for ``Secretary''.
    Subsec. (a)(2). Pub. L. 98-181, Sec. 451(d)(6), substituted ``by 
September 30, 1985'' for ``within fifteen years following such date''.
    Subsecs. (b), (c). Pub. L. 98-181, Sec. 451(d)(1), substituted 
``Director'' for ``Secretary'' wherever appearing.
    Subsec. (d). Pub. L. 98-181, Sec. 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.
