42 USC § 4106 - Nonparticipation in flood insurance program

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(a) Prohibition against Federal approval of financial assistance

No Federal officer or agency shall approve any financial assistance for acquisition or construction purposes on and after July 1, 1975, for use in any area that has been identified by the Director as an area having special flood hazards unless the community in which such area is situated is then participating in the national flood insurance program.

(b) Notification of purchaser or lessee of property in flood hazard area of availability of Federal disaster relief assistance in event of a flood disaster

In addition to the requirements of section 4104a of this title, each Federal entity for lending regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender, described in such section to notify (as a condition of making, increasing, extending, or renewing any loan secured by property described in such section) the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property.

Source

(Pub. L. 93–234, title II, § 202,Dec. 31, 1973, 87 Stat. 982; Pub. L. 94–50, title III, § 303,July 2, 1975, 89 Stat. 256; Pub. L. 94–198, Dec. 31, 1975, 89 Stat. 1116; Pub. L. 94–375, § 14(a),Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95–128, title VII, § 703(a),Oct. 12, 1977, 91 Stat. 1144; Pub. L. 98–181, title IV, § 451(e)(1),Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103–325, title V, § 511(b),Sept. 23, 1994, 108 Stat. 2256.)

Codification

Section was enacted as part of Flood Disaster Protection Act of 1973, and not as part of National Flood Insurance Act of 1968 which comprises this chapter.

Amendments

1994—Subsec. (b). Pub. L. 103–325substituted “Federal entity for lending regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender,” for “Federal instrumentality described in such section shall by regulation require the institutions”.

1983—Subsec. (a). Pub. L. 98–181substituted “Director” for “Secretary”.

1977—Subsec. (b). Pub. L. 95–128substituted provisions respecting notification of purchaser or lessee of property in flood hazards area of availability of Federal disaster relief assistance in the event of a flood disaster for prior provisions relating to: Federal regulations against loans by financial institutions, unaffected pre-March 1, 1976, residences, small business concerns, improvements under $5,000 and nonresidential farm improvement.

1976—Subsec. (b). Pub. L. 94–375incorporated provision regarding any loan made prior to March 1, 1976, to finance the acquisition of a previously occupied residential dwelling into cl. (1) as so designated, added remainder of cl. (1), and cls. (2) to (4).

1975—Subsec. (b). Pub. L. 94–198substituted “March 1, 1976” for “January 1, 1976”.

Pub. L. 94–50inserted provision excepting from the prohibition of this section any loan made prior to January 1, 1976, to finance the acquisition of a previously occupied residential dwelling.

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) andsections 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.

Floodplain Management

For provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951 set out as a note under section 4321 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Thursday, January 3, 2013

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42 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 4106		2012	112-141 [Sec.] 100238(a)(1)	126 Stat. 958

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

12 CFR - Title 12—Banks and Banking

12 CFR 22 - LOANS IN AREAS HAVING SPECIAL FLOOD HAZARDS

12 CFR 208 - MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL RESERVE SYSTEM (REGULATION H)

12 CFR 339 - LOANS IN AREAS HAVING SPECIAL FLOOD HAZARDS

12 CFR 560 - LENDING AND INVESTMENT

12 CFR 563 - SAVINGS ASSOCIATIONS—OPERATIONS

12 CFR 572 - LOANS IN AREAS HAVING SPECIAL FLOOD HAZARDS

12 CFR 614 - LOAN POLICIES AND OPERATIONS

12 CFR 760 - LOANS IN AREAS HAVING SPECIAL FLOOD HAZARDS

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42 USC § 4106 - Nonparticipation in flood insurance program

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