US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC4022]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
           SUBCHAPTER I--THE NATIONAL FLOOD INSURANCE PROGRAM
 
Sec. 4022. State and local land use controls


(a) Requirement for participation in flood insurance program

                           (1) In general

        After December 31, 1971, no new flood insurance coverage shall 
    be provided under this chapter in any area (or subdivision thereof) 
    unless an appropriate public body shall have adopted adequate land 
    use and control measures (with effective enforcement provisions) 
    which the Director finds are consistent with the comprehensive 
    criteria for land management and use under section 4102 of this 
    title.

                     (2) Agricultural structures

        (A) Activity restrictions

            Notwithstanding any other provision of law, the adequate 
        land use and control measures required to be adopted in an area 
        (or subdivision thereof) pursuant to paragraph (1) may provide, 
        at the discretion of the appropriate State or local authority, 
        for the repair and restoration to predamaged conditions of an 
        agricultural structure that--
                (i) is a repetitive loss structure; or
                (ii) has incurred flood-related damage to the extent 
            that the cost of restoring the structure to its predamaged 
            condition would equal or exceed 50 percent of the market 
            value of the structure before the damage occurred.

        (B) Premium rates and coverage

            To the extent applicable, an agricultural structure repaired 
        or restored pursuant to subparagraph (A) shall pay chargeable 
        premium rates established under section 4015 of this title at 
        the estimated risk premium rates under section 4014(a)(1) of 
        this title. If resources are available, the Director shall 
        provide technical assistance and counseling, upon request of the 
        owner of the structure, regarding wet flood-proofing and other 
        flood damage reduction measures for agricultural structures. The 
        Director shall not be required to make flood insurance coverage 
        available for such an agricultural structure unless the 
        structure is wet flood-proofed through permanent or contingent 
        measures applied to the structure or its contents that prevent 
        or provide resistance to damage from flooding by allowing flood 
        waters to pass through the structure, as determined by the 
        Director.

        (C) Prohibition on disaster relief

            Notwithstanding any other provision of law, any agricultural 
        structure repaired or restored pursuant to subparagraph (A) 
        shall not be eligible for disaster relief assistance under any 
        program administered by the Director or any other Federal 
        agency.

        (D) Definitions

            For purposes of this paragraph--
                (i) the term ``agricultural structure'' means any 
            structure used exclusively in connection with the 
            production, harvesting, storage, raising, or drying of 
            agricultural commodities; and
                (ii) the term ``agricultural commodities'' means 
            agricultural commodities and livestock.

(b) Community rating system and incentives for community floodplain 
        management

                       (1) Authority and goals

        The Director shall carry out a community rating system program, 
    under which communities participate voluntarily--
            (A) to provide incentives for measures that reduce the risk 
        of flood or erosion damage that exceed the criteria set forth in 
        section 4102 of this title and evaluate such measures;
            (B) to encourage adoption of more effective measures that 
        protect natural and beneficial floodplain functions;
            (C) to encourage floodplain and erosion management; and
            (D) to promote the reduction of Federal flood insurance 
        losses.

                           (2) Incentives

        The program shall provide incentives in the form of credits on 
    premium rates for flood insurance coverage in communities that the 
    Director determines have adopted and enforced measures that reduce 
    the risk of flood and erosion damage that exceed the criteria set 
    forth in section 4102 of this title. In providing incentives under 
    this paragraph, the Director may provide for credits to flood 
    insurance premium rates in communities that the Director determines 
    have implemented measures that protect natural and beneficial 
    floodplain functions.

                             (3) Credits

        The credits on premium rates for flood insurance coverage shall 
    be based on the estimated reduction in flood and erosion damage 
    risks resulting from the measures adopted by the community under 
    this program. If a community has received mitigation assistance 
    under section 4104c of this title, the credits shall be phased in a 
    manner, determined by the Director, to recover the amount of such 
    assistance provided for the community.

                             (4) Reports

        Not later than 2 years after September 23, 1994, and not less 
    than every 2 years thereafter, the Director shall submit a report to 
    the Congress regarding the program under this subsection. Each 
    report shall include an analysis of the cost-effectiveness of the 
    program, any other accomplishments or shortcomings of the program, 
    and any recommendations of the Director for legislation regarding 
    the program.

(Pub. L. 90-448, title XIII, Sec. 1315, Aug. 1, 1968, 82 Stat. 580; Pub. 
L. 91-152, title IV, Sec. 410(b), Dec. 24, 1969, 83 Stat. 397; Pub. L. 
98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229; Pub. L. 
103-325, title V, Secs. 541, 580, Sept. 23, 1994, 108 Stat. 2268, 2285.)


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-325, Sec. 541(1), designated 
existing provisions as subsec. (a)(1) and inserted headings.
    Subsec. (a)(2). Pub. L. 103-325, Sec. 580, added par. (2).
    Subsec. (b). Pub. L. 103-325, Sec. 541(2), added subsec. (b).
    1983--Pub. L. 98-181 substituted ``Director'' for ``Secretary''.
    1969--Pub. L. 91-152 substituted provisions prohibiting new flood 
insurance coverage after Dec. 31, 1971, unless adequate land use 
measures have been adopted, for provisions prohibiting such coverage 
after June 30, 1970, unless permanent land use measures have been 
adopted.

                          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 section 4017 of this title.