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Title 42 — The Public Health and WelfareRelease 119-73

§4029 Colorado River Floodway

Title 42 › Chapter CHAPTER 50— - NATIONAL FLOOD INSURANCE › Subchapter SUBCHAPTER I— - THE NATIONAL FLOOD INSURANCE PROGRAM › § 4029

Last updated Apr 6, 2026|Official source

Summary

People who already had federal flood insurance for buildings inside the Colorado River Floodway can keep renewing and transfer those policies. If a building was inside the Floodway on October 8, 1986 and did not yet have flood insurance, the owner could buy a policy for six months after the Interior Secretary files the required Floodway maps, and then renew or transfer it. Six months after October 8, 1986 no new flood insurance can be issued for new buildings or major improvements in the Floodway. "New construction" means any structure that was not insurable before that date. The Interior Secretary can set temporary Floodway lines by rule (with public notice and comment) until the maps are filed. Regulated banks or federal lenders may still make loans on buildings that are not eligible for flood insurance, but they must first confirm the building is inside the Floodway.

Full Legal Text

Title 42, §4029

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

(a)Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under section 1600c of title 43 shall have the right to renew and transfer such policies. Owners of existing structures located within said Floodway on October 8, 1986, who have not acquired National Flood Insurance Act policies shall have the right to acquire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 11 See References in Text note below. of title 43 and to renew and transfer such policies.
(b)No new flood insurance coverage may be provided under this chapter on or after a date six months after October 8, 1986, for any new construction or substantial improvements of structures located within the Colorado River Floodway established by section 1600c of title 43. New construction includes all structures that are not insurable prior to that date.
(c)The Secretary of the Interior may by rule after notice and comment pursuant to section 553 of title 5 establish temporary Floodway boundaries to be in effect until the maps required by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section.
(d)A regulated lending institution or Federal agency lender may make loans secured by structures which are not eligible for flood insurance by reason of this section: Provided, That prior to making such a loan, such institution determines that the loans or structures securing the loan are within the Floodway.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Flood Insurance Act, referred to in subsec. (a), probably means the National Flood Insurance Act of 1968, title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter (§ 4001 et seq.). For complete classification of this Act to the Code, see

Short Title

note set out under section 4001 of this title and Tables. section 1600c(b)(2) of title 43, referred to in subsecs. (a) and (c), was struck out and former subsec. (b)(1)(ii) redesignated (b)(2) of section 1600c by Pub. L. 105–362, title IX, § 901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As amended, section 1600c(b)(2) no longer relates to maps required to be prepared and filed by the Secretary. 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

1994—Subsec. (d). Pub. L. 103–325 substituted “regulated lending institution or Federal agency lender” for “federally supervised, approved, regulated or insured financial institution”. 1988—Pub. L. 100–242 inserted section catchline.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4029

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73