
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: 42USC4102]

 
                 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. 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, Sec. 1361, Aug. 1, 1968, 82 Stat. 587; Pub. 
L. 91-152, title IV, Sec. 410(c), Dec. 24, 1969, 83 Stat. 397; Pub. L. 
98-181, title IV, Sec. 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, Sec. 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.
