U.S. Code » Title 42 » Chapter CHAPTER 50— NATIONAL FLOOD INSURANCE › Subchapter SUBCHAPTER I— THE NATIONAL FLOOD INSURANCE PROGRAM

42 U.S.C. § 4012

Scope of program and priorities

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(a) Priority for insurance for certain residential and church properties and business concerns

In carrying out the flood insurance program the Administrator shall afford a priority to making flood insurance available to cover residential properties which are designed for the occupancy of from one to four families, church properties, and business properties which are owned or leased and operated by small business concerns.

(b) Availability of insurance for other propertiesIf on the basis of—(1) studies and investigations undertaken and carried out and information received or exchanged under section 4014 of this title, and(2) such other information as may be necessary,the Administrator determines that it would be feasible to extend the flood insurance program to cover other properties, he may take such action under this chapter as from time to time may be necessary in order to make flood insurance available to cover, on such basis as may be feasible, any types and classes of—(A) other residential properties not described in subsection (a) or (d),(B) other business properties,(C) agricultural properties,(D) properties occupied by private nonprofit organizations, and(E) properties owned by State and local governments and agencies thereof,and any such extensions of the program to any types and classes of these properties shall from time to time be prescribed in regulations.(c) Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measuresThe Administrator shall make flood insurance available in only those States or areas (or subdivisions thereof) which he has determined have—(1) evidenced a positive interest in securing flood insurance coverage under the flood insurance program, and(2) given satisfactory assurance that by December 31, 1971, adequate land use and control measures will have been adopted for the State or area (or subdivision) which are consistent with the comprehensive criteria for land management and use developed under section 4102 of this title, and that the application and enforcement of such measures will commence as soon as technical information on floodways and on controlling flood elevations is available.(d) Availability of insurance for multifamily properties(1) In general

The Administrator shall make flood insurance available to cover residential properties of 5 or more residences. Notwithstanding any other provision of law, the maximum coverage amount that the Administrator may make available under this subsection to such residential properties shall be equal to the coverage amount made available to commercial properties.

(2) Rule of construction

Nothing in this subsection shall be construed to limit the ability of individuals residing in residential properties of 5 or more residences to obtain insurance for the contents and personal articles located in such residences.

(Pub. L. 90–448, title XIII, § 1305, Aug. 1, 1968, 82 Stat. 574; Pub. L. 91–152, title IV, § 410(a), Dec. 24, 1969, 83 Stat. 397; Pub. L. 92–213, § 2(c)(1), Dec. 22, 1971, 85 Stat. 775; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, §§ 100204, 100238(b)(1), July 6, 2012, 126 Stat. 916, 958.)Editorial NotesReferences in Text

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

2012—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director”.

Subsec. (b). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in concluding provisions following par. (2).

Subsec. (b)(A). Pub. L. 112–141, § 100204(1), which directed amendment of subsec. (b)(2)(A) by inserting “not described in subsection (a) or (d)” after “properties”, was executed by making the insertion in subpar. (A) following first concluding provisions to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions.

Subsec. (d). Pub. L. 112–141, § 100204(2), added subsec. (d).

1983—Pub. L. 98–181 substituted “Director” for “Secretary” wherever appearing.

1971—Subsec. (a). Pub. L. 92–213 inserted reference to church properties.

1969—Subsec. (c)(2). Pub. L. 91–152 substituted “December 31, 1971, adequate” for “June 30, 1970, permanent”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.

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) and sections 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.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1975–2025 · leading case: Coalition for a Sustainable Delta v. Federal Emergency Management Agency
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Coalition for a Sustainable Delta v. Federal Emergency Management Agency (2011) caed · cites it 4× “See 42 U.S.C. § 4012 (c); see id. § 4022(a); 44 C.”
National Wildlife Federation & Public Employees for Environmental Responsibility v. Federal Emergency Management Agency (2004) wawd · cites it 4× “42 U.S.C. § 4012 (c)(2); cf. 42 U.S.C. § 4022 (a)(1) (prohibiting federal flood insurance to communities that have not complied with the criteria).”
Commonwealth of Pennsylvania, by William Sheppard, Insurance Commissioner v. National Association of Flood Insurers, an (1975) ca3 · cites it 2× “42 U.S.C. §§ 4012 (c), 4014(e), 4101-02. The Act establishes guidelines within which the Secretary is granted broad and flexible authority to implement its provisions.”
Kolbe v. BAC Home Loans Servicing, LP (2013) ca1 “42 U.S.C. § 4012 (c). In flood-prone areas (i.”
Florida Key Deer v. Paulison (2008) ca11 “42 U.S.C. § 4012 (c). FEMA develops the eligibility criteria pursuant to the authority conferred by 42 U.”
Goudy-Bachman v. United States Department of Health & Human Services (2011) pamd “§ 4012 (a) (prohibiting federally regulated lending institutions from making, increasing, extending or renewing loans secured by improved property located in flood hazzard zones unless the property securing the loan is covered by flood insurance); 18 U.”
Ellsworth v. U.S. Bank, N.A. (2012) cand “’ ” FAC ¶ 37 (quoting 42 U.S.C. § 4012 (e)(2); citing 12 C.F.R.”
Leghorn v. Wells Fargo Bank, N.A. (2013) cand “at ¶ 51 (citing 42 U.S.C. § 4012 (e)(2); 12 C.F.R. § 22.3 ).”
Emmett Adolph, Sr. v. Federal Emergency Management Agency of the United States (1988) ca5 “3 (d)(3) (emphasis added)), that are required to be at the base flood elevations. 44 C.F.R.”
Custer v. Homeside Lending, Inc. (2003) ala “2d at 873 (quoting 42 U.S.C. § 4012 (a)(b)(1)). Consequently, they argued, the mortgagee's procurement of insurance coverage in the amount of $121,000, despite the fact that the outstanding balance of their loan was only *243 $60,913.”
Kolbe v. BAC Home Loans Servicing, LP (2012) ca1 “42 U.S.C. §§ 4012 (c), 4012a(b)(l) (2006).”
West v. Harris (1978) ca5 “42 U.S.C.A. §§ 4012 (c), 4102. The Secretary of HUD is authorized to establish and administer the flood insurance program.”
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