42 U.S.C. § 4101b

National Flood Mapping Program

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(a) Reviewing, updating, and maintaining maps

The Administrator, in coordination with the Technical Mapping Advisory Council established under section 4101a of this title, shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this section.

(b) Mapping(1) In generalIn carrying out the program established under subsection (a), the Administrator shall—(A) identify, review, update, maintain, and publish National Flood Insurance Program rate maps with respect to—(i) all populated areas and areas of possible population growth located within the 100-year floodplain;(ii) all populated areas and areas of possible population growth located within the 500-year floodplain;(iii) areas of residual risk, including areas that are protected by levees, dams, and other flood control structures;(iv) areas that could be inundated as a result of the failure of a levee, dam, or other flood control structure;(v) areas that are protected by non-structural flood mitigation features; and(vi) the level of protection provided by flood control structures and by non-structural flood mitigation features;(B) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each such area; and(C) use, in identifying, reviewing, updating, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the most accurate topography and elevation data available.(2) Mapping elementsEach map updated under this section shall—(A) assess the accuracy of current ground elevation data used for hydrologic and hydraulic modeling of flooding sources and mapping of the flood hazard and wherever necessary acquire new ground elevation data utilizing the most up-to-date geospatial technologies in accordance with guidelines and specifications of the Federal Emergency Management Agency; and(B) develop National Flood Insurance Program flood data on a watershed basis—(i) to provide the most technically effective and efficient studies and hydrologic and hydraulic modeling; and(ii) to eliminate, to the maximum extent possible, discrepancies in base flood elevations between adjacent political subdivisions.(3) Other inclusionsIn updating maps under this section, the Administrator shall include—(A) any relevant information on coastal inundation from—(i) an applicable inundation map of the Corps of Engineers; and(ii) data of the National Oceanic and Atmospheric Administration relating to storm surge modeling;(B) any relevant information of the United States Geological Survey on stream flows, watershed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Administrator;(C) any relevant information on land subsidence, coastal erosion areas, changing lake levels, and other flood-related hazards;(D) any relevant information or data of the National Oceanic and Atmospheric Administration and the United States Geological Survey relating to the best available science regarding future changes in sea levels, precipitation, and intensity of hurricanes; and(E) any other relevant information as may be recommended by the Technical Mapping Advisory Committee.(c) StandardsIn updating and maintaining maps under this section, the Administrator shall—(1) establish standards to—(A) ensure that maps are adequate for—(i) flood risk determinations; and(ii) use by State and local governments in managing development to reduce the risk of flooding; and(B) facilitate identification and use of consistent methods of data collection and analysis by the Administrator, in conjunction with State and local governments, in developing maps for communities with similar flood risks, as determined by the Administrator; and(2) publish maps in a format that is—(A) digital geospatial data compliant;(B) compliant with the open publishing and data exchange standards established by the Open Geospatial Consortium; and(C) aligned with official data defined by the National Geodetic Survey.(d) Communication and outreach(1) In generalThe Administrator shall—(A) before commencement of any mapping or map updating process, notify each community affected of the model or models that the Administrator plans to use in such process and provide an explanation of why such model or models are appropriate;(B) provide each community affected a 30-day period beginning upon notification under subparagraph (A) to consult with the Administrator regarding the appropriateness, with respect to such community, of the mapping model or models to be used; provided that consultation by a community pursuant to this subparagraph shall not waive or otherwise affect any right of the community to appeal any flood hazard determinations;(C) upon completion of the first Independent Data Submission, transmit a copy of such Submission to the affected community, provide the affected community a 30-day period during which the community may provide data to Administrator 11 So in original. Probably should be preceded by “the”. that can be used to supplement or modify the existing data, and incorporate any data that is consistent with prevailing engineering principles;(D) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v);(E) work to enhance communication and outreach to States, local communities, and property owners about the effects—(i) of any potential changes to National Flood Insurance Program rate maps that may result from the mapping program required under this section; and(ii) that any such changes may have on flood insurance purchase requirements;(F) engage with local communities to enhance communication and outreach to the residents of such communities, including tenants (with regard to contents insurance), on the matters described under subparagraph (E);(G) not less than 30 days before issuance of any preliminary map, notify the Senators for each State affected and each Member of the House of Representatives for each congressional district affected by the preliminary map in writing of—(i) the estimated schedule for—(I) community meetings regarding the preliminary map;(II) publication of notices regarding the preliminary map in local newspapers; and(III) the commencement of the appeals process regarding the map; and(ii) the estimated number of homes and businesses that will be affected by changes contained in the preliminary map, including how many structures will be 22 So in original. The words “will be” probably should not appear. that were not previously located in an area having special flood hazards will be located within such an area under the preliminary map; and(H) upon the issuance of any proposed map and any notice of an opportunity to make an appeal relating to the proposed map, notify the Senators for each State affected and each Member of the House of Representatives for each congressional district affected by the proposed map of any action taken by the Administrator with respect to the proposed map or an appeal relating to the proposed map.(2) Required activitiesThe communication and outreach activities required under paragraph (1) shall include—(A) notifying property owners when their properties become included in, or when they are excluded from, an area covered by the mandatory flood insurance purchase requirement under section 4012a of this title;(B) educating property owners regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement;(C) educating property owners regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) for such properties and the contents of such properties;(D) educating property owners about flood map revisions and the process available to such owners to appeal proposed changes in flood elevations through their community, including by notifying local radio and television stations; and(E) encouraging property owners to maintain or acquire flood insurance coverage.(e) Community remapping request

Upon the adoption by the Administrator of any recommendation by the Technical Mapping Advisory Council for reviewing, updating, or maintaining National Flood Insurance Program rate maps in accordance with this section, a community that believes that its flood insurance rates in effect prior to adoption would be affected by the adoption of such recommendation may submit a request for an update of its rate maps, which may be considered at the Administrator’s sole discretion. The Administrator shall establish a protocol for the evaluation of such community map update requests.

(f) Authorization of appropriations

There is authorized to be appropriated to the Administrator to carry out this section $400,000,000 for each of fiscal years 2013 through 2017.

(Pub. L. 112–141, div. F, title II, § 100216, July 6, 2012, 126 Stat. 927; Pub. L. 113–89, §§ 27, 30, Mar. 21, 2014, 128 Stat. 1033, 1034.)Editorial NotesReferences in Text

The National Flood Insurance Act of 1968, referred to in subsecs. (b)(1)(C) and (d)(2)(C), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, 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.

Codification

Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

Amendments

2014—Subsec. (b)(1)(A)(v), (vi). Pub. L. 113–89, § 27(1), added cl. (v), redesignated former cl. (v) as (vi), and, in cl. (vi), inserted “and by non-structural flood mitigation features” before semicolon at end.

Subsec. (d)(1)(A). Pub. L. 113–89, § 30(3), added subpar. (A). Former subpar. (A) redesignated (D).

Pub. L. 113–89, § 27(2)(C), added subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (d)(1)(B). Pub. L. 113–89, § 30(3), added subpar. (B). Former subpar. (B) redesignated (E).

Pub. L. 113–89, § 27(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).

Subsec. (d)(1)(C). Pub. L. 113–89, § 30(3), added subpar. (C). Former subpar. (C) redesignated (F).

Pub. L. 113–89, § 30(1), substituted “subparagraph (E)” for “subparagraph (B)” and struck out “and” at end.

Pub. L. 113–89, § 27(2)(A), (B), redesignated subpar. (B) as (C) and substituted “subparagraph (B)” for “subparagraph (A)”. Former subpar. (C) redesignated (D).

Subsec. (d)(1)(D). Pub. L. 113–89, § 30(2), redesignated subpar. (A) as (D). Former subpar. (D) redesignated (H).

Pub. L. 113–89, § 27(2)(A), redesignated subpar. (C) as (D).

Subsec. (d)(1)(E), (F). Pub. L. 113–89, § 30(2), redesignated subpars. (B) and (C) as (E) and (F), respectively.

Subsec. (d)(1)(G). Pub. L. 113–89, § 30(4), added subpar. (G).

Subsec. (d)(1)(H). Pub. L. 113–89, § 30(2), redesignated subpar. (D) as (H).

Statutory Notes and Related SubsidiariesDefinitions

For definitions of terms used in this section, see section 4004 of this title.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2018–2021 · leading case: Bintz v. Fed. Emergency Mgmt. Agency, 379 F. Supp. 3d 296 (D. Del. 2018).

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Bintz v. Fed. Emergency Mgmt. Agency, 379 F. Supp. 3d 296 (D. Del. 2018). · cites it 2× “He also alleges FEMA violated the Biggert-Watters Act, 42 U.S.C. § 4101b, by "creating dune, dune toe, and dune erosion slope data for transect 1610.”

Christopherson v. Bushner (W.D. Mo. 2021). · cites it 2× “§ 4101b(b)(1)(B) (emphasis added), “use . . . the most accurate topography and elevation data available,” id.”

Bintz v. Fed. Emergency Mgmt. Agency (D. Del. 2019). “” 42 U.S.C. § 4101b(b)(2)(B)(ii). The plain language of Section 4101b—“to the maximum extent possible”—appears to provide some flexibility to the entity responsible for eliminating such discrepancies.”

— 42 U.S.C. § 4101b(b)(1)(C) — 1 case

Christopherson v. Bushner (W.D. Mo. 2021). “§ 4101b(b)(1)(B) (emphasis added), “use . . . the most accurate topography and elevation data available,” id.”

— 42 U.S.C. § 4101b(b)(2)(B)(ii) — 1 case

— 42 U.S.C. § 4101b(d) — 1 case

Bintz v. Fed. Emergency Mgmt. Agency, 379 F. Supp. 3d 296 (D. Del. 2018). “He also alleges FEMA violated the Biggert-Watters Act, 42 U.S.C. § 4101b, by "creating dune, dune toe, and dune erosion slope data for transect 1610.”

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