
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: 42USC4104b]

 
                 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. 4104b. Standard hazard determination forms


(a) Development

    The Director, in consultation with representatives of the mortgage 
and lending industry, the Federal entities for lending regulation, the 
Federal agency lenders, and any other appropriate individuals, shall 
develop a standard form for determining, in the case of a loan secured 
by improved real estate or a mobile home, whether the building or mobile 
home is located in an area identified by the Director as an area having 
special flood hazards and in which flood insurance under this chapter is 
available. The form shall be established by regulations issued not later 
than 270 days after September 23, 1994.

(b) Design and contents

                             (1) Purpose

        The form under subsection (a) of this section shall be designed 
    to facilitate compliance with the flood insurance purchase 
    requirements of this chapter.

                            (2) Contents

        The form shall require identification of the type of flood-risk 
    zone in which the building or mobile home is located, the complete 
    map and panel numbers for the improved real estate or property on 
    which the mobile home is located, the community identification 
    number and community participation status (for purposes of the 
    national flood insurance program) of the community in which the 
    improved real estate or such property is located, and the date of 
    the map used for the determination, with respect to flood hazard 
    information on file with the Director. If the building or mobile 
    home is not located in an area having special flood hazards the form 
    shall require a statement to such effect and shall indicate the 
    complete map and panel numbers of the improved real estate or 
    property on which the mobile home is located. If the complete map 
    and panel numbers are not available because the building or mobile 
    home is not located in a community that is participating in the 
    national flood insurance program or because no map exists for the 
    relevant area, the form shall require a statement to such effect. 
    The form shall provide for inclusion or attachment of any relevant 
    documents indicating revisions or amendments to maps.

(c) Required use

    The Federal entities for lending regulation shall by regulation 
require the use of the form under this section by regulated lending 
institutions. Each Federal agency lender shall by regulation provide for 
the use of the form with respect to any loan made by such Federal agency 
lender. The Federal National Mortgage Association and the Federal Home 
Loan Mortgage Corporation and the Government National Mortgage 
Association shall require the use of the form with respect to any loan 
purchased by such entities. A lender or other person may comply with the 
requirement under this subsection by using the form in a printed, 
computerized, or electronic manner.

(d) Guarantees regarding information

    In providing information regarding special flood hazards on the form 
developed under this section, any lender (or other person required to 
use the form) who makes, increases, extends, or renews a loan secured by 
improved real estate or a mobile home may provide for the acquisition or 
determination of such information to be made by a person other than such 
lender (or other person), only to the extent such person guarantees the 
accuracy of the information.

(e) Reliance on previous determination

    Any person increasing, extending, renewing, or purchasing a loan 
secured by improved real estate or a mobile home may rely on a previous 
determination of whether the building or mobile home is located in an 
area having special flood hazards (and shall not be liable for any error 
in such previous determination), if the previous determination was made 
not more than 7 years before the date of the transaction and the basis 
for the previous determination has been set forth on a form under this 
section, unless--
        (1) map revisions or updates pursuant to section 4101(f) of this 
    title after such previous determination have resulted in the 
    building or mobile home being located in an area having special 
    flood hazards; or
        (2) the person contacts the Director to determine when the most 
    recent map revisions or updates affecting such property occurred and 
    such revisions and updates have occurred after such previous 
    determination.

(f) Effective date

    The regulations under this section requiring use of the form 
established pursuant to this section shall be issued together with the 
regulations required under subsection (a) of this section and shall take 
effect upon the expiration of the 180-day period beginning on such 
issuance.

(Pub. L. 90-448, title XIII, Sec. 1365, as added Pub. L. 103-325, title 
V, Sec. 528, Sept. 23, 1994, 108 Stat. 2264.)
