§4104 Flood Elevation Determinations

This chapter, referred to in subsec. (g), 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

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

2014—Subsec. (f). Pub. L. 113–89 inserted “or, in the case of an appeal that is resolved by submission of conflicting data to the Scientific Resolution Panel provided for in section 4104–1 of this title, the community,” after “as the case may be,” and substituted “The Administrator may use such amounts from the National Flood Insurance Fund established under section 4017 of this title as may be necessary to carry out this subsection.” for “The amounts available for implementing this subsection shall not exceed $250,000.” 2012—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director”. Pub. L. 112–141, § 100217(1), inserted “and designating areas having special flood hazards” after “flood elevations” and substituted “such determinations and designations” for “such determinations”. Subsec. (b). Pub. L. 112–141, § 100238(b)(1), (2), substituted “Administrator” for “Director” in first sentence and “Administrator’s” for “Director’s” in second sentence. Pub. L. 112–141, § 100217(2), inserted “and designations of areas having special flood hazards” after “flood elevation determinations” and substituted “The sole grounds for appeal shall be the possession of knowledge or information indicating that (1) the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of an identified special flood hazard area is scientifically or technically incorrect.” for “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.” Subsecs. (c), (d). Pub. L. 112–141, § 100238(b)(1), (2), substituted “Administrator” for “Director” and “Administrator’s” for “Director’s” wherever appearing. Subsec. (e). Pub. L. 112–141, § 100238(b)(1), (2), substituted “Administrator” for “Director” wherever appearing and “Administrator’s” for “Director’s” in two places. Pub. L. 112–141, § 100218(b)(1), substituted “the Scientific Resolution Panel provided for in section 4104–1 of this title” for “an independent scientific body or appropriate Federal agency for advice”. Subsec. (f). Pub. L. 112–141, § 100246, added subpar. (f) and struck out former subpar. (f) which read as follows: “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.” Subsec. (g). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in two places. Pub. L. 112–141, § 100218(b)(2), substituted “Except as provided in section 4104–1 of this title, any appellant” for “Any appellant”. 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).

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

, 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.