§4012 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Administrator must give top priority to offering flood insurance for homes built for 1–4 families, churches, and businesses owned, leased, and run by small businesses. After studies and other needed information, the Administrator may also offer insurance for other homes, other businesses, farms, properties used by private nonprofits, and property owned by State and local governments. Flood insurance will only be offered in States or areas that show clear interest and that promise to adopt by December 31, 1971 land-use and control rules that match the criteria in section 4102, and to begin enforcing those rules once technical floodway and flood-elevation data are available. The Administrator must also make insurance available for residential buildings with five or more units, with maximum coverage equal to commercial property coverage, and residents of those buildings may still buy insurance for their personal contents and belongings.

Title 42, §4012

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In carrying out the flood insurance program the Administrator 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)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,

(A)other residential properties not described in subsection (a) or (d),

(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,

(c)The Administrator 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.

(d)(1)The Administrator shall make flood insurance available to cover residential properties of 5 or more residences. Notwithstanding any other provision of law, the maximum coverage amount that the Administrator may make available under this subsection to such residential properties shall be equal to the coverage amount made available to commercial properties.

(2)Nothing in this subsection shall be construed to limit the ability of individuals residing in residential properties of 5 or more residences to obtain insurance for the contents and personal articles located in such residences.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 4001 of this title and Tables.

Amendments

2012—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director”. Subsec. (b). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in concluding provisions following par. (2). Subsec. (b)(A). Pub. L. 112–141, § 100204(1), which directed amendment of subsec. (b)(2)(A) by inserting “not described in subsection (a) or (d)” after “properties”, was executed by making the insertion in subpar. (A) following first concluding provisions to reflect the probable intent of Congress. Subsec. (c). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions. Subsec. (d). Pub. L. 112–141, § 100204(2), added subsec. (d). 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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. 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 former section 313(1) and section 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.

§4012 Scope of program and priorities

Summary

Title 42, §4012

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata