
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4106]

 
                 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. 4106. Nonparticipation in flood insurance program


(a) Prohibition against Federal approval of financial assistance

    No Federal officer or agency shall approve any financial assistance 
for acquisition or construction purposes on and after July 1, 1975, for 
use in any area that has been identified by the Director as an area 
having special flood hazards unless the community in which such area is 
situated is then participating in the national flood insurance program.

(b) Notification of purchaser or lessee of property in flood hazard area 
        of availability of Federal disaster relief assistance in event 
        of a flood disaster

    In addition to the requirements of section 4104a of this title, each 
Federal entity for lending regulation shall by regulation require the 
regulated lending institutions described in such section, and each 
Federal agency lender shall issue regulations requiring the Federal 
agency lender, described in such section to notify (as a condition of 
making, increasing, extending, or renewing any loan secured by property 
described in such section) the purchaser or lessee of such property of 
whether, in the event of a disaster caused by flood to such property, 
Federal disaster relief assistance will be available to such property.

(Pub. L. 93-234, title II, Sec. 202, Dec. 31, 1973, 87 Stat. 982; Pub. 
L. 94-50, title III, Sec. 303, July 2, 1975, 89 Stat. 256; Pub. L. 94-
198, Dec. 31, 1975, 89 Stat. 1116; Pub. L. 94-375, Sec. 14(a), Aug. 3, 
1976, 90 Stat. 1075; Pub. L. 95-128, title VII, Sec. 703(a), Oct. 12, 
1977, 91 Stat. 1144; Pub. L. 98-181, title IV, Sec. 451(e)(1), Nov. 30, 
1983, 97 Stat. 1229; Pub. L. 103-325, title V, Sec. 511(b), Sept. 23, 
1994, 108 Stat. 2256.)

                          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

    1994--Subsec. (b). Pub. L. 103-325 substituted ``Federal entity for 
lending regulation shall by regulation require the regulated lending 
institutions described in such section, and each Federal agency lender 
shall issue regulations requiring the Federal agency lender,'' for 
``Federal instrumentality described in such section shall by regulation 
require the institutions''.
    1983--Subsec. (a). Pub. L. 98-181 substituted ``Director'' for 
``Secretary''.
    1977--Subsec. (b). Pub. L. 95-128 substituted provisions respecting 
notification of purchaser or lessee of property in flood hazards area of 
availability of Federal disaster relief assistance in the event of a 
flood disaster for prior provisions relating to: Federal regulations 
against loans by financial institutions, unaffected pre-March 1, 1976, 
residences, small business concerns, improvements under $5,000 and 
nonresidential farm improvement.
    1976--Subsec. (b). Pub. L. 94-375 incorporated provision regarding 
any loan made prior to March 1, 1976, to finance the acquisition of a 
previously occupied residential dwelling into cl. (1) as so designated, 
added remainder of cl. (1), and cls. (2) to (4).
    1975--Subsec. (b). Pub. L. 94-198 substituted ``March 1, 1976'' for 
``January 1, 1976''.
    Pub. L. 94-50 inserted provision excepting from the prohibition of 
this section any loan made prior to January 1, 1976, to finance the 
acquisition of a previously occupied residential dwelling.


                          Floodplain Management

    For provisions relating to the reduction of the risk of flood loss, 
the minimization of the impact of floods on human safety, health and 
welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 
24, 1977, 42 F.R. 26951 set out as a note under section 4321 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 4105 of this title.
