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: 42USC4104]

 
                 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. 4104. Flood elevation determinations


(a) Publication or notification of proposed flood elevation 
        determinations

    In establishing projected flood elevations for land use purposes 
with respect to any community pursuant to section 4102 of this title, 
the Director shall first propose such determinations by publication for 
comment in the Federal Register, by direct notification to the chief 
executive officer of the community, and by publication in a prominent 
local newspaper.

(b) Publication of flood elevation determinations; appeal of owner or 
        lessee to local government; scientific or technical knowledge or 
        information as basis for appeal; modification of proposed 
        determinations

    The Director shall publish notification of flood elevation 
determinations in a prominent local newspaper at least twice during the 
ten-day period following notification to the local government. During 
the ninety-day period following the second publication, any owner or 
lessee of real property within the community who believes his property 
rights to be adversely affected by the Director's proposed determination 
may appeal such determination to the local government. The sole basis 
for such appeal shall be the possession of knowledge or information 
indicating that the elevations being proposed by the Director with 
respect to an identified area having special flood hazards are 
scientifically or technically incorrect, and the sole relief which shall 
be granted under the authority of this section in the event that such 
appeal is sustained in accordance with subsection (e) or (f) of this 
section is a modification of the Director's proposed determination 
accordingly.

(c) Appeals by private persons; submission of negativing or 
        contradicting data to community; opinion of community respecting 
        justification for appeal by community; transmission of 
        individual appeals to Director; filing of community action with 
        Director

    Appeals by private persons shall be made to the chief executive 
officer of the community, or to such agency as he shall publicly 
designate, and shall set forth the data that tend to negate or 
contradict the Director's finding in such form as the chief executive 
officer may specify. The community shall review and consolidate all such 
appeals and issue a written opinion stating whether the evidence 
presented is sufficient to justify an appeal on behalf of such persons 
by the community in its own name. Whether or not the community decides 
to appeal the Director's determination, copies of individual appeals 
shall be sent to the Director as they are received by the community, and 
the community's appeal or a copy of its decision not to appeal shall be 
filed with the Director not later than ninety days after the date of the 
second newspaper publication of the Director's notification.

(d) Administrative review of appeals by private persons; modification of 
        proposed determinations; decision of Director: form and 
        distribution

    In the event the Director does not receive an appeal from the 
community within the ninety days provided, he shall consolidate and 
review on their own merits, in accordance with the procedures set forth 
in subsection (e) of this section, the appeals filed within the 
community by private persons and shall make such modifications of his 
proposed determinations as may be appropriate, taking into account the 
written opinion, if any, issued by the community in not supporting such 
appeals. The Director's decision shall be in written form, and copies 
thereof shall be sent both to the chief executive officer of the 
community and to each individual appellant.

(e) Administrative review of appeals by community; agencies for 
        resolution of conflicting data; availability of flood insurance 
        pending such resolution; time for determination of Director; 
        community adoption of local land use and control measures within 
        reasonable time of final determination; public inspection and 
        admissibility in evidence of reports and other administrative 
        information

    Upon appeal by any community, as provided by this section, the 
Director shall review and take fully into account any technical or 
scientific data submitted by the community that tend to negate or 
contradict the information upon which his proposed determination is 
based. The Director shall resolve such appeal by consultation with 
officials of the local government involved, by administrative hearing, 
or by submission of the conflicting data to an independent scientific 
body or appropriate Federal agency for advice. Until the conflict in 
data is resolved, and the Director makes a final determination on the 
basis of his findings in the Federal Register, and so notifies the 
governing body of the community, flood insurance previously available 
within the community shall continue to be available, and no person shall 
be denied the right to purchase such insurance at chargeable rates. The 
Director shall make his determination within a reasonable time. The 
community shall be given a reasonable time after the Director's final 
determination in which to adopt local land use and control measures 
consistent with the Director's determination. The reports and other 
information used by the Director in making his final determination shall 
be made available for public inspection and shall be admissible in a 
court of law in the event the community seeks judicial review as 
provided by this section.

(f) Reimbursement of certain expenses; appropriation authorization

    When, incident to any appeal under subsection (b) or (c) of this 
section, 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.

(g) Judicial review of final administrative determinations; venue; time 
        for appeal; scope of review; good cause for stay of final 
        determinations

    Any appellant aggrieved by any final determination of the Director 
upon administrative appeal, as provided by this section, may appeal such 
determination to the United States district court for the district 
within which the community is located not more than sixty days after 
receipt of notice of such determination. The scope of review by the 
court shall be as provided by chapter 7 of title 5. During the pendency 
of any such litigation, all final determinations of the Director shall 
be effective for the purposes of this chapter unless stayed by the court 
for good cause shown.

(Pub. L. 90-448, title XIII, Sec. 1363, as added Pub. L. 93-234, title 
I, Sec. 110, Dec. 31, 1973, 87 Stat. 980; amended Pub. L. 95-128, title 
VII, Sec. 704(c), Oct. 12, 1977, 91 Stat. 1146; 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'' and 
``Director's'' for ``Secretary's'' wherever appearing.
    1977--Subsecs. (f), (g). Pub. L. 95-128 added subsec. (f) and 
redesignated former subsec. (f) as (g).

                          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.