
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: 42USC4105]

 
                 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. 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.

(Pub. L. 93-234, title II, Sec. 201, Dec. 31, 1973, 87 Stat. 982; Pub. 
L. 95-128, title VII, Sec. 704(d), Oct. 12, 1977, 91 Stat. 1146; Pub. L. 
98-181, title IV, Sec. 451(e)(1), Nov. 30, 1983, 97 Stat. 1229; Pub. L. 
98-479, title II, Sec. 204(j), Oct. 17, 1984, 98 Stat. 2233.)

                       References in Text

    This Act, referred to in subsec. (b), means Pub. L. 93-234, Dec. 31, 
1973, 87 Stat. 975, as amended, known as the Flood Disaster Protection 
Act of 1973. For complete classification of this Act to the Code, see 
Short Title of 1973 Amendment note set out under section 4001 of this 
title and Tables.

                          Codification

    Section was enacted as part of Flood Disaster Protection Act of 
1973, and not as part of National Flood Insurance Act of 1968 which 
comprises this chapter.


                               Amendments

    1984--Subsec. (e). Pub. L. 98-479 struck out quotation marks before 
``$250,000''.
    1983--Subsecs. (a) to (c), (e). Pub. L. 98-181 substituted 
``Director'' for ``Secretary'' and ``Director's'' for ``Secretary's'' 
wherever appearing.
    1977--Subsec. (e). Pub. L. 95-128 added subsec. (e).
