US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC4012]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
           SUBCHAPTER I--THE NATIONAL FLOOD INSURANCE PROGRAM
 
Sec. 4012. Scope of program and priorities


(a) Priority for insurance for certain residential and church properties 
        and business concerns

    In carrying out the flood insurance program the Director shall 
afford a priority to making flood insurance available to cover 
residential properties which are designed for the occupancy of from one 
to four families, church properties, and business properties which are 
owned or leased and operated by small business concerns.

(b) Availability of insurance for other properties

    If on the basis of--
        (1) studies and investigations undertaken and carried out and 
    information received or exchanged under section 4014 of this title, 
    and
        (2) such other information as may be necessary,

the Director determines that it would be feasible to extend the flood 
insurance program to cover other properties, he may take such action 
under this chapter as from time to time may be necessary in order to 
make flood insurance available to cover, on such basis as may be 
feasible, any types and classes of--
        (A) other residential properties,
        (B) other business properties,
        (C) agricultural properties,
        (D) properties occupied by private nonprofit organizations, and
        (E) properties owned by State and local governments and agencies 
    thereof,

and any such extensions of the program to any types and classes of these 
properties shall from time to time be prescribed in regulations.

(c) Availability of insurance in States or areas evidencing positive 
        interest in securing insurance and assuring adoption of adequate 
        land use and control measures

    The Director shall make flood insurance available in only those 
States or areas (or subdivisions thereof) which he has determined have--
        (1) evidenced a positive interest in securing flood insurance 
    coverage under the flood insurance program, and
        (2) given satisfactory assurance that by December 31, 1971, 
    adequate land use and control measures will have been adopted for 
    the State or area (or subdivision) which are consistent with the 
    comprehensive criteria for land management and use developed under 
    section 4102 of this title, and that the application and enforcement 
    of such measures will commence as soon as technical information on 
    floodways and on controlling flood elevations is available.

(Pub. L. 90-448, title XIII, Sec. 1305, Aug. 1, 1968, 82 Stat. 574; Pub. 
L. 91-152, title IV, Sec. 410(a), Dec. 24, 1969, 83 Stat. 397; Pub. L. 
92-213, Sec. 2(c)(1), Dec. 22, 1971, 85 Stat. 775; Pub. L. 98-181, title 
IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229.)


                               Amendments

    1983--Pub. L. 98-181 substituted ``Director'' for ``Secretary'' 
wherever appearing.
    1971--Subsec. (a). Pub. L. 92-213 inserted reference to church 
properties.
    1969--Subsec. (c)(2). Pub. L. 91-152 substituted ``December 31, 
1971, adequate'' for ``June 30, 1970, permanent''.

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
Federal Emergency Management Agency, including the functions of the 
Director of the Federal Emergency Management Agency relating thereto, to 
the Secretary of Homeland Security, and for treatment of related 
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.

                  Section Referred to in Other Sections

    This section is referred to in sections 4013 to 4015 of this title.