U.S. Code » Title 42 » Chapter CHAPTER 50— NATIONAL FLOOD INSURANCE

42 U.S.C. § 4002

Additional Congressional findings and declaration of purpose

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(a) The Congress finds that—(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards;(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities;(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended;(4) Federal instrumentalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of coverage, so that they will be indemnified, for their losses in the event of future flood disasters.(b) The purpose of this Act, therefore, is to—(1) substantially increase the limits of coverage authorized under the national flood insurance program;(2) provide for the expeditious identification of, and the dissemination of information concerning, flood-prone areas;(3) require States or local communities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plan ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and(4) require the purchase of flood insurance by property owners who are being assisted by Federal programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identified areas having special flood hazards.(Pub. L. 93–234, § 2, Dec. 31, 1973, 87 Stat. 975.)Editorial NotesReferences in Text

This Act, referred to in subsec. (b), means Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.

Codification

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

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1978–2021 · leading case: National Wildlife Federation & Public Employees for Environmental Responsibility v. Federal Emergency Management Agency
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National Wildlife Federation & Public Employees for Environmental Responsibility v. Federal Emergency Management Agency (2004) wawd · cites it 2× “” 42 U.S.C. § 4002 (a)(2). The Final Environmental Impact Statement (“FEIS”) for FEMA’s NFIA regulations states that “[i]f a community chooses not to participate in the [NFIP], economic development in the flood hazard area may be severely restricted.”
Henry A. Bagelmann, Jr. And Mary Jo Bagelmann v. First National Bank and Iowa Bankers Mortgage Corporation (2012) iowa “42 U.S.C. § 4002 (2006). The NFIA basically put the federal government in the flood insurance business.”
Jacobson v. Metropolitan Property & Casualty Insurance (2012) ca2 “2006); see also 42 U.S.C. §§ 4002 (b)(3), 4012(c), 4022; 44 C.”
Florida Key Deer v. Stickney (1994) flsd · cites it 2× “42 U.S.C. § 4002 (b)(3) (1982). The NFIP allows FEMA to make federal flood insurance available only in those areas where the appropriate public body of the community has adopted adequate land use regulations for its flood-prone areas.”
Zumbrun v. United Services Automobile Ass'n (1989) caed · cites it 2× “The policy at issue was executed and delivered under the so-called “Write Your Own” (“WYO”) program pursuant to the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4002 , and its governing regulations, 44 C.”
Texas Landowners Rights Ass'n v. Harris (1978) dcd “Finding a strong public policy favoring participation in a flood insurance plan of national scope, 42 U.S.C. § 4002 (a)(5), in December 1973, Congress passed the Flood Disaster Protection Act of 1973.”
San Diego Gas & Electric Co. v. City of Carlsbad (1998) calctapp “( 42 U.S.C. § 4002 (b)(3).) In 1988, City adopted its floodplain management regulations (floodplain ordinance), designed to conserve natural resources, prevent flooding, and prevent and control beach and shore erosion.”
West v. Harris (1978) ca5 “42 U.S.C.A. § 4002 (a)(5), (6). The damages recoverable are pecuniary in nature, not personal, and the amount is based upon the readily ascertainable value of services and property.”
Mason v. Witt (1999) caed “” See 42 U.S.C. § 4002 (a)(6). Congress also expressly stated that the NFIP is to be flexible so that “.”
Center for Biological Diversity v. United States Department of Housing & Urban Development (2008) azd “Furthermore, Congress recognized the extent and special circumstances of federal involvement in floodplain management and codified this in 42 U.S.C.A. § 4002 (a)(2) which states: The Congress finds that — the availability of Federal loans, grants, guaranties, insurance, and…”
City of Alexandria v. Federal Emergency Management Agency (2011) lawd · cites it 2× “, citing 42 U.S.C. § 4002 . The National Flood Insurance Program (“NFIP”), which was created by the NFIA, makes flood insurance available to the owners and lessees of land located in participating communities.”
Kmart Corp. v. Kroger Co. (2013) msnd · cites it 2× “]” 42 U.S.C. § 4002 (b)(3) (emphasis added).”
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