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Subtitle F--Miscellaneous Provisions
SEC. 571. EXTENSION OF FLOOD INSURANCE PROGRAM.
(a) IN GENERAL.-- Section 1319 of the National Flood Insurance Act of 1968
(42 U.S.C. 4026) is amended by striking "September 30, 1995" and inserting
"September 30, 1996".
(b) EMERGENCY IMPLEMENTATION.-- Section 1336(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4056(a)) is amended by striking "September 30,
1995" and inserting "September 30, 1996".
SEC. 572. LIMITATION ON PREMIUM INCREASES.
(a) PROPERTY-SPECIFIC LIMITATION.-- Section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended--
(1) in subsection (c), by striking "Notwithstanding any other provision
of this title" and inserting "Subject only to the limitation under subsection
(e)"; and
(2) by inserting after subsection (d) the following new subsection:
42 USC 4015.
P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23
Sec. 572
108 STAT. 2278
"(e) ANNUAL LIMITATION ON PREMIUM INCREASES.-- Notwithstanding any
other provision of this title, the chargeable risk premium rates for flood insurance
under this title for any properties within any single risk classification may not be
increased by an amount that would result in the average of such rate increases for
properties within the risk classification during any 12-month period exceeding 10
percent of the average of the risk premium rates for properties within the risk
classification upon the commencement of such 12-month period.".
(b) REPEAL OF PROGRAM-WIDE LIMITATION.-- Subsection (d) of section 541
of the Housing and Community Development Act of 1987 (42 U.S.C. 4015 note)
is hereby repealed.
SEC. 573. MAXIMUM FLOOD INSURANCE COVERAGE AMOUNTS.
(a) IN GENERAL.-- Section 1306(b) of the National Flood Insurance Act of
1968 (42 U.S.C. 4013(b)) is amended as follows:
(1) RESIDENTIAL PROPERTY.-- In paragraph (2), by striking "an amount
of $150,000 under the provisions of this clause" and inserting the following:
"a total amount (including such limits specified in paragraph (1)(A)(i)) of
$250,000".
(2) RESIDENTIAL PROPERTY CONTENTS.-- In paragraph (3), by striking
"an amount of $50,000 under the provisions of this clause" and inserting the
following: "a total amount (including such limits specified in paragraph
(1)(A)(ii)) of $100,000".
(3) NONRESIDENTIAL PROPERTY AND CONTENTS.-- By striking
paragraph (4) and inserting the following new paragraph:
"(4) in the case of any nonresidential property, including churches, for
which the risk premium rate is determined in accordance with the provisions
of section 1307(a)(1), additional flood insurance in excess of the limits
specified in subparagraphs (B) and (C) of paragraph (1) shall be made
available to every insured upon renewal and every applicant for insurance, in
respect to any single structure, up to a total amount (including such limit
specified in subparagraph (B) or (C) of paragraph (1), as applicable) of
$500,000 for each structure and $500,000 for any contents related to each
structure; and".
(b) REMOVAL OF CEILING ON COVERAGE REQUIRED.-- Section 1306(b) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)) is amended--
(1) in paragraph (5), by striking "; and" at the end and inserting a
period; and
(2) by striking paragraph (6).
SEC. 574. FLOOD INSURANCE PROGRAM ARRANGEMENTS WITH
PRIVATE INSURANCE ENTITIES.
Section 1345(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4081(b)) is amended by striking the period at the end and inserting the following:
"and without regard to the provisions of the Federal Advisory Committee Act (5
U.S.C. App.).".
SEC. 575. UPDATING OF FLOOD MAPS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101)
is amended by adding at the end the following new subsections:
"(e) REVIEW OF FLOOD MAPS.-- Once during each 5-year period (the1st such
period beginning on the date of enactment of the Riegle Community Development
and Regulatory Improvement Act of 1994) or more often as the Director
determines necessary, the Director [2279] shall assess the need to revise and update
all floodplain areas and flood risk zones identified, delineated, or established under
this section, based on an analysis of all natural hazards affecting flood risks.
"(F) UPDATING FLOOD MAPS.-- The Director shall revise and update any
floodplain areas and flood-risk zones--
"(1) upon the determination of the Director, according to the
assessment under subsection (e), that revision and updating are necessary for
the areas and zones; or
"(2) upon the request from any State or local government stating that
specific floodplain areas or flood-risk zones in the State or locality need
revision or updating, if sufficient technical data justifying the request is
submitted and the unit of government making the request agrees to provide
funds in an amount determined by the Director, but which may not exceed 50
percent of the cost of carrying out the requested revision or update.
"(g) AVAILABILITY OF FLOOD MAPS.-- To promote compliance with the
requirements of this title, the Director shall make flood insurance rate maps and
related information available free of charge to the Federal entities for lending
regulation, Federal agency lenders, State agencies directly responsible for
coordinating the national flood insurance program, and appropriate representatives
of communities participating in the national flood insurance program, and at a
reasonable cost to all other persons. Any receipts resulting from this subsection
shall be deposited in the National Flood Insurance Fund, pursuant to section
1310(b)(6).
"(h) NOTIFICATION OF FLOOD MAP CHANGES.-- The Director shall cause
notice to be published in the Federal Register (or shall provide notice by another
comparable method) of any change to flood insurance map panels and any change
to flood insurance map panels issued in the form of a letter of map amendment or a
letter of map revision. Such notice shall be published or otherwise provided not
later than 30 days after the map change or revision becomes effective. Notice by
any method other than publication in the Federal Register shall include all pertinent
information, provide for regular and frequent distribution, and be at least as
accessible to map users as notice in the Federal Register. All notices under this
subsection shall include information on how to obtain copies of the changes or
revisions.
FederalRegister,publication.
"(i) COMPENDIA OF FLOOD MAP CHANGES.-- Every 6 months, the Director
shall publish separately in their entirety within a compendium, all changes and
revisions to flood insurance map panels and all letters of map amendment and
letters of map revision for which notice was published in the Federal Register or
otherwise provided during the preceding 6 months. The Director shall make such
compendia available, free of charge, to Federal entities for lending regulation,
Federal agency lenders, and States and communities participating in the national
flood insurance program pursuant to section 1310 and at cost to all other parties.
Any receipts resulting from this subsection shall be deposited in the National Flood
Insurance Fund, pursuant to section 1310(b)(6).
"(j) PROVISION OF INFORMATION.-- In the implementation of revisions to and
updates of flood insurance rate maps, the Director shall share information, to the
extent appropriate, with the Under Secretary of Commerce for Oceans and
Atmosphere and representatives from State coastal zone management programs.".
SEC. 576. TECHNICAL MAPPING ADVISORY COUNCIL.
(a) ESTABLISHMENT.-- There is established a council to be known as the
Technical Mapping Advisory Council (in this section referred to as the
"Council").
(b) MEMBERSHIP.--
(1) IN GENERAL.-- The Council shall consist of the Director of the
Federal Emergency Management Agency (in this section referred to as the
"Director"), or the Director’s designee, and 10 additional members to be
appointed by the Director or the designee of the Director, who shall be--
(A) the Under Secretary of Commerce for Oceans and
Atmosphere (or his or her designee);
(B) a member of recognized surveying and mapping
professional associations and organizations;
(C) a member of recognized professional engineering
associations and organizations;
(D) a member of recognized professional associations or
organizations representing flood hazard determination firms;
(E) a representative of the United States Geologic Survey;
(F) a representative of State geologic survey programs;
(G) a representative of State national flood insurance
coordination offices;
(H) a representative of a regulated lending institution;
(I) a representative of the Federal Home Loan Mortgage
Corporation; and
(J) a representative of the Federal National Mortgage
Association.
(2) QUALIFICATIONS.-- Members of the Council shall be appointed
based on their demonstrated knowledge and competence regarding
surveying, cartography, remote sensing, geographic information systems,
or the technical aspects of preparing and using flood insurance rate maps.
(c) DUTIES.-- The Council shall--
(1) make recommendations to the Director on how to improve in a
cost-effective manner the accuracy, general quality, ease of use, and
distribution and dissemination of flood insurance rate maps;
(2) recommend to the Director mapping standards and guidelines for
flood insurance rate maps; and
Reports. (3) submit an annual report to the Director that contains--
(A) a description of the activities of the Council;
(B) an evaluation of the status and performance of flood
insurance rate maps and mapping activities to revise and update flood
insurance rate maps, as established pursuant to the amendment made
by section 675; and
(C) a summary of recommendations made by the Council to the
Director.
(d) CHAIRPERSON.-- The members of the Council shall elect 1 member to
serve as the chairperson of the Council (in this section referred to as the
"Chairperson").
(e) COORDINATION.-- To ensure that the Council’s recommendations are
consistent to the maximum extent practicable with national digital spatial data
collection and management standards, the Chairperson shall consult with the
Chairperson of the Federal [2281] Geographic Data Committee (established
pursuant to OMB Circular A-16).
(f) COMPENSATION.-- Members of the Council shall receive no additional
compensation by reason of their service on the Council.
(g) MEETINGS AND ACTIONS.--
(1) IN GENERAL.-- The Council shall meet not less than twice each year
at the request of the Chairperson or a majority of its members and may take
action by a vote of the majority of the members.
(2) INITIAL MEETING.-- The Director, or a person designated by the
Director, shall request and coordinate the initial meeting of the Council.
(h) OFFICERS.-- The Chairperson may appoint officers to assist in carrying
out the duties of the Council under subsection (c).
(i) STAFF OF FEMA.-- Upon the request of the Chairperson, the Director may
detail, on a nonreimbursable basis, personnel of the Federal Emergency
Management Agency to assist the Council in carrying out its duties.
(j) POWERS.-- In carrying out this section, the Council may hold hearings,
receive evidence and assistance, provide information, and conduct research as it
considers appropriate.
(k) TERMINATION.-- The Council shall terminate 5 years after the date on
which all members of the Council have been appointed under subsection (b)(1).
SEC. 577. EVALUATION OF EROSION HAZARDS.
(a) REPORT REQUIREMENT.-- The Director of the Federal Emergency
Management Agency (in this section referred to as the "Director") shall submit a
report under this section to the Congress that--
(1) lists all communities that are likely to be identified as having erosion
hazard areas;
(2) estimates the amount of flood insurance claims under the national
flood insurance program that are attributable to erosion;
(3) states the amount of flood insurance claims under such program that
are attributable to claims under section 1306(c) of the National Flood
Insurance Act of 1968;
(4) assesses the full economic impact of erosion on the National Flood
Insurance Fund; and
(5) determines the costs and benefits of expenditures necessary from the
National Flood Insurance Fund to complete mapping of erosion hazard areas.
(b) ESTIMATE OF FLOOD CLAIMS.-- In developing the estimate under
subsection (a)(2)--
(1) the Director may map a statistically valid and representative number
of communities with erosion hazard areas throughout the United States,
including coastal, Great Lakes, and, if technologically feasible, riverine areas;
and
(2) the Director shall take into consideration the efforts of State and
local governments to assess, measure, and reduce erosion hazards.
(c) ECONOMIC IMPACT.--
(1) IN GENERAL.-- The assessment under subsection (a)(4) shall assess
the economic impact of--
(A) erosion on communities listed pursuant to subsection (a)(1);
42 USC 4001
note.
P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23
Sec. 577
108 STAT. 2282
(B) the denial of flood insurance for all structures in
communities listed pursuant to subsection (a)(1);
(C) the denial of flood insurance for structures that are newly
constructed in whole in communities listed pursuant to subsection
(a)(1);
(D) the establishment of (i) actuarial rates for existing structures
in communities listed pursuant to subsection (a)(1), and (ii) actuarial
rates for such structures in connection with the denial of flood
insurance as described in subparagraph (C);
(E) the establishment of actuarial rates for structures newly
constructed in whole in erosion hazard areas in communities listed
pursuant to subsection (a)(1);
(F) the denial of flood insurance pursuant to existing
requirements for coverage under the national flood insurance
program;
(G) erosion hazard assessment, measurement, and management
activities undertaken by State and local governments, including
building restrictions, beach nourishment, construction of sea walls
and levees, and other activities that reduce the risk of damage due to
erosion; and
(H) the mapping and identifying of communities (or
subdivisions thereof) having erosion hazard areas.
(2) SCOPE.-- In assessing the economic impact of the activities under
subparagraphs (A) through (H) of paragraph (1), the assessment under
subsection (a)(4) shall address such impact on all significant economic
factors, including the impact on--
(A) the value of residential and commercial properties in
communities with erosion hazards;
(B) community tax revenues due to potential changes in
property values or commercial activity;
(C) employment, including the potential loss or gain of existing
and new jobs in the community;
(D) existing businesses and future economic development;
(E) the estimated cost of Federal and State disaster assistance
to flood victims; and
(F) the mapping and identifying of communities (or subdivisions
thereof) having erosion hazard areas.
(3) PREPARATION.-- The assessment required under subsection (a)(4)
shall be conducted by a private independent entity selected by the Director.
The private entity shall consult with a statistically valid and representative
number of communities listed pursuant to subsection (a)(1) in conducting
the assessment.
(d) COSTS AND BENEFITS OF MAPPING.-- The determination under
subsection (a)(5) shall--
(1) determine the costs and benefits of mapping erosion hazard areas,
based upon the Director’s estimate of the actual and prospective amount of
flood insurance claims attributable to erosion;
(2) if the Director determines that the savings to the National Flood
Insurance Fund will exceed the cost of mapping erosion hazard areas,
further assess whether using flood insurance premiums for costs of
mapping erosion hazard areas is [2283] cost-beneficial compared to altern-ative
uses of such amounts, including--
(A) funding the mitigation assistance program under section 1366
of the National Flood Insurance Act of 1968 (as added by section 553
of this Act);
(B) funding the program under section 1304(b) of the National
Flood Insurance Act of 1968 (as added by section 555(a) of this Act)
that provides additional coverage under the national flood insurance
program for compliance with land use and control measures; and
(C) reviewing, revising, and updating flood insurance rate maps
under subsections (e) and (f) of section 1360 of the National Flood
Insurance Act of 1968 (as added by the amendment made by section
575 of this Act);
(3) if the Director determines under subsection (b)(1) that mapping of
riverine areas for erosion hazard areas is technologically feasible, determine
the costs and benefits of conducting the mapping of erosion hazards in
riverine areas (A) separately from the mapping of other erosion hazard areas,
and (B) together with the mapping of other such areas;
(4) if the Director determines that the savings to the National Flood
Insurance Fund will exceed the cost of mapping erosion hazard areas in
riverine areas, assess whether using flood insurance premiums for costs of
mapping erosion hazard areas in riverine areas is cost-beneficial compared to
alternative uses of such amounts, including the uses under subparagraphs (A)
through (C) of paragraph (2); and
(5) determine the costs and benefits of mapping erosion, other than
those directly related to the financial condition of the National Flood
Insurance Program, and the costs of not mapping erosion.
(e) DEFINITION.-- For purposes of this section, the term "erosion hazard area"
means, based on erosion rate information and other historical data available, an area
where erosion or avulsion is likely to result in damage to or loss of buildings and
infrastructure within a 60-year period.
(f) CONSULTATION.-- In preparing the report under this section, the Director
shall consult with--
(1) representatives from State coastal zone management programs
approved under section 306 of the Coastal Zone Management Act of 1972;
(2) the Administrator of the National Oceanic and Atmospheric
Administration; and
(3) any other persons, officials, or entities that the Director considers
appropriate.
(g) SUBMISSION.-- The Director shall submit the report to the Congress as
soon as practicable, but not later than 2 years after the date of enactment of this
Act.
(h) AVAILABILITY OF NATIONAL FLOOD INSURANCE FUND.-- Section 1310(a)
of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting "(except as
otherwise provided in this section)" after "without fiscal year limitation";
and
(2) by inserting after paragraph (7) (as added by the preceding
provisions of this title) the following new paragraph:
"(8) for costs of preparing the report under section 577 of the Riegle
Community Development and Regulatory Improvement Act of 1994, except that
the fund shall be available for the purpose under this paragraph in an amount not
to exceed an aggregate of $5,000,000 over the 2-year period beginning on the date
of enactment of the Riegle Community Development and Regulatory Improvement
Act of 1994.".
42 USC 4014
note.
SEC. 578. STUDY OF ECONOMIC EFFECTS OF CHARGING
ACTUARIALLY BASED PREMIUM RATES FOR PRE-FIRM
STRUCTURES.
(a) STUDY.-- The Director of the Federal Emergency Management Agency
(in this section referred to as the "Director") shall conduct a study of the economic
effects that would result from increasing premium rates for flood insurance
coverage made available under the national flood insurance program for pre-FIRM
structures to the full actuarial risk based premium rate determined under section
1307(a)(1) of the National Flood Insurance Act of 1968 for the area in which the
property is located. In conducting the study, the Director shall--
(1) determine each area that would be subject to such increased
premium rates; and
(2) for each such area, determine--
(A) the amount by which premium rates would be increased;
(B) the number and types of properties affected and the number
and types of properties covered by flood insurance under this title likely
to cancel such insurance if the rate increases were made;
(C) the effects that the increased premium rates would have on
land values and property taxes; and
(D) any other effects that the increased premium rates would have
on the economy and homeowners.
(b) DEFINITION OF PRE-FIRM STRUCTURE.-- For purposes of subsection (a),
the term "pre-FIRM structure" means a structure that was not constructed or
substantially improved after the later of--
(1) December 31, 1974; or
(2) the effective date of the initial rate map published by the Director
under section 1360(a)(2) of the National Flood Insurance Act of 1968 for the
area in which such structure is located.
(c) REPORT.-- The Director shall submit a report to the Congress describing
and explaining the findings of the study conducted under this section. The report
shall be submitted not later than 12 months after the date of enactment of this Act.
SEC. 579. EFFECTIVE DATES OF POLICIES.
(a) 30-DAY DELAY.-- Section 1306 of the National Flood Insurance Act of
1968 (42 U.S.C. 4013), as amended by the preceding provisions of this title, is
further amended by adding at the end the following new subsection:
"(c) EFFECTIVE DATE OF POLICIES-"(
1) WAITING PERIOD.-- Except as provided in paragraph (2), coverage
under a new contract for flood insurance coverage under this title entered
into after the date of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994, and any modification to coverage
under an existing flood insurance contract made after such date, shall become
effective upon the expiration of the 30-day period [2285] beginning
on the date that all obligations for such coverage (including completion of
the application and payment of any initial premiums owed) are satisfactorily
completed.
"(2) EXCEPTION.-- The provisions of paragraph (1) shall not apply to--
"(A) the initial purchase of flood insurance coverage under this
title when the purchase of insurance is in connection with the making,
increasing, extension, or renewal of a loan; or
"(B) the initial purchase of flood insurance coverage pursuant to a
revision or updating of floodplain areas or flood-risk zones under
section 1360(f), if such purchase occurs during the 1-year period
beginning upon publication of notice of the revision or updating under
section 1360(h).". .
(b) STUDY.-- The Director of the Federal Emergency Management Agency
shall conduct a study to determine the appropriateness of existing requirements
regarding the effective date and time of coverage under flood insurance contracts
obtained through the national flood insurance program. In conducting the study,
the Director shall determine whether any delay between the time of purchase of
flood insurance coverage and the time of initial effectiveness of the coverage
should differ for various classes of properties (based upon the type of property,
location of the property, or any other factors related to the property) or for
various circumstances under which such insurance was purchased. Not later than
the expiration of the 6-month period beginning on the date of enactment of this
Act, the Director shall submit to the Congress a report on the results of the study.
SEC. 580. AGRICULTURAL STRUCTURES.
Section 1315(a) of the National Flood Insurance Act of 1968 (42 U.S.C.
4022(a)), as amended by the preceding provisions of this title, is further amended
by adding at the end the following new paragraph:
"(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 1308 at the estimated risk premium rates under section
1307(a)(1). 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 [2286] 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 itscontents
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.".
SEC. 581. IMPLEMENTATION REVIEW BY DIRECTOR.
Section 1320 of the National Flood Insurance Act of 1968 (42 U.S.C.
4027) is amended--
(1) by striking "The Director" and inserting "(a) IN GENERAL.-- The
Director"; and
(2) by adding at the end the following new subsection:
Reports. "(b) EFFECTS OF FLOOD INSURANCE PROGRAM.-- The Director shall
include, as part of the biennial report submitted under subsection (a), a chapter
reporting on the effects on the flood insurance program observed through
implementation of requirements under the Riegle Community Development and
Regulatory Improvement Act of 1994.".
42 USC 5154a. SEC. 582. PROHIBITED FLOOD DISASTER ASSISTANCE.
(a) GENERAL PROHIBITION.-- Notwithstanding any other provision of law,
no Federal disaster relief assistance made available in a flood disaster area may
be used to make a payment (including any loan assistance payment) to a person
for repair, replacement, or restoration for damage to any personal, residential, or
commercial property if that person at any time has received flood disaster
assistance that was conditional on the person first having obtained flood
insurance under applicable Federal law and subsequently having failed to obtain
and maintain flood insurance as required under applicable Federal law on such
property.
(b) TRANSFER OF PROPERTY.--
(1) DUTY TO NOTIFY.-- In the event of the transfer of any property
described in paragraph (3), the transferor shall, not later than the date on
which such transfer occurs, notify the transferee in writing of the
requirements to--
(A) obtain flood insurance in accordance with applicable Federal
law with respect to such property, if the property is not so insured as
of the date on which the property is transferred; and
(B) maintain flood insurance in accordance with applicable
Federal law with respect to such property.
Such written notification shall be contained in documents evidencing the
transfer of ownership of the property.
Sept.23 RIEGLE COMMUNITY DEVELOPMENT ACT P.L. 103-325
Sec. 584
108 STAT. 2287
(2) FAILURE TO NOTIFY.-- If a transferor described in paragraph (1) fails
to make a notification in accordance with such paragraph and, subsequent to
the transfer of the property--
(A) the transferee fails to obtain or maintain flood insurance in
accordance with applicable Federal law with respect to the property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is provided for the repair,
replacement, or restoration of the property as a result of such damage,
the transferor shall be required to reimburse the Federal
Government in an amount equal to the amount of the Federal disaster
relief assistance provided with respect to the property.
(3) PROPERTY DESCRIBED.-- For purposes of paragraph (1), a property
is described in this paragraph if it is personal, commercial, or residential
property for which Federal disaster relief assistance made available in a flood
disaster area has been provided, prior to the date on which the property is
transferred, for repair, replacement, or restoration of the property, if such
assistance was conditioned upon obtaining flood insurance in accordance with
applicable Federal law with respect to such property.
(c) AMENDMENT TO THE FLOOD DISASTER PROTECTION ACT OF 1973.--
Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(a))
is amended--
(1) by striking ", during the anticipated economic or useful life of the
project,"; and
(2) by adding at the end the following: "The requirement of maintaining
flood insurance shall apply during the life of the property, regardless of
transfer of ownership of such property.".
(d) DEFINITION.-- For purposes of this section, the term "flood disaster area"
means an area with respect to which--
(1) the Secretary of Agriculture finds, or has found, to have been
substantially affected by a natural disaster in the United States pursuant to
section 321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)); or
(2) the President declares, or has declared, the existence of a major
disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood
conditions existing in or affecting that area.
(e) EFFECTIVE DATE.-- This section and the amendments made by this section
shall apply to disasters declared after the date of enactment of this Act.
SEC. 583. REGULATIONS.
The Director of the Federal Emergency Management Agency and any
appropriate Federal agency may each issue any regulations necessary to carry out
the applicable provisions of this title and the applicable amendments made by this
title.
42 USC 4001
note.
SEC. 584. RELATION TO STATE AND LOCAL LAWS.
This title and the amendments made by this title may not be construed to
preempt, annul, alter, amend, or exempt any person from compliance with any law,
ordinance, or regulation of any State or local government with respect to land use,
management, or control.
42 USC 4001
note |

Revised: January 23, 2005
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