42 U.S.C. § 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 Administrator 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.

(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 I [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; Pub. L. 112–141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.)Editorial NotesCodification

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.

Amendments

2012—Subsec. (a). Pub. L. 112–141 substituted “Administrator” for “Director”.

1994—Subsec. (b). Pub. L. 103–325 substituted “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. 98–181 substituted “Director” for “Secretary”.

1977—Subsec. (b). Pub. L. 95–128 substituted 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. 94–375 incorporated 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. 94–198 substituted “March 1, 1976” for “January 1, 1976”.

Pub. L. 94–50 inserted 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.

Statutory Notes and Related SubsidiariesTransfer 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.

Executive DocumentsFloodplain 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.

Notes of Decisions

Cited in 12 cases, 1976–2004 · leading case: Glen Kermit Till & Bettie F. Till v. Unifirst Fed. Sav. & Loan Ass'n & Wortman & Mann, Inc., 653 F.2d 152 (1st Cir. 1981).

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Glen Kermit Till & Bettie F. Till v. Unifirst Fed. Sav. & Loan Ass'n & Wortman & Mann, Inc., 653 F.2d 152 (1st Cir. 1981). · cites it 2× “Flood Disaster Protection Act of 1973 § 202(a), 42 U.S.C. § 4106 (a). . Flood Disaster Protection Act of 1973 § 202(b).”

Texas Landowners Rights Ass'n v. Harris, 453 F. Supp. 1025 (D.D.C. 1978). · cites it 3× “Section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4106 (a). 7 . Section 202(b) of the Flood Disaster Protection Act of 1973, 42 U.”

Emmett Adolph, Sr. v. Fed. Emergency Mgmt. Agency of the United States, 854 F.2d 732 (5th Cir. 1988). “Contrary to plaintiffs' assertions, however, if the parish had chosen not to participate in the program, conventional mortgages through federally-regulated institutions, such as FDIC and FSLIC members, would still be available, for example.”

Florida Key Deer v. Stickney, 864 F. Supp. 1222 (S.D. Fla. 1994). “42 U.S.C. § 4106 . The Flood Disaster Protection Act requires the purchase of federal flood insurance as a condition of receiving any form of federal or federally-related financial assistance from any federal agency for public or private land acquisition or construction purposes…”

Mid-Am. Nat'l Bank v. First Sav. & Loan Ass'n, 737 F.2d 638 (7th Cir. 1984). · cites it 4× “42 U.S.C. § 4106 (b). The particular provisions upon which plaintiffs base their, claim are 42 U.”

Hofbauer v. Nw. Nat. Bank of Rochester, 547 F. Supp. 940 (D. Minnesota 1981). · cites it 5× “§ 4104a and the regulations promulgated thereunder applicable to the Hofbauer transaction in light of the language and effective date of 42 U.S.C. § 4106 (b)? 2. Do federal statutes 42 U.”

City of Trenton v. Fed. Emergency Mgmt. Agency, 545 F. Supp. 13 (E.D. Mich. 1981). “3 (b)]; (2) a community which chooses not to enact such an ordinance and therefore not to participate in the program is not eligible for federal assistance to acquire or build buildings in the floodplain [ 42 U.S.C. § 4106 (a)]; and (3) in a participat *15 ing community, any…”

Jacobsen v. Banco Mortg. Co., 547 F. Supp. 954 (D. Minnesota 1981). “§ 4104a and the regulations promulgated thereunder applicable to the Jacobsen transaction in light of the language and effective date of 42 U.S.C. § 4106 (b)? 3. Do federal statutes 42 U.”

Robert Shain v. Ann Veneman, 376 F.3d 815 (8th Cir. 2004). “In their complaint, the plaintiffs alleged the USDA would violate federal law by funding the project without requiring Kin-ross to participate in the National Flood Insurance Plan, as required by the National Environmental Policy Act (NEPA), 42 U.S.C. § 4106 (a), and without…”

Shain v. Veneman, 278 F. Supp. 2d 1006 (S.D. Iowa 2003). · cites it 2× “Under 42 U.S.C. § 4106 , a federal officer or agency shall not approve financial assistance for acquisition or construction purposes which will be used in any area identified as having special flood hazards unless the community participates in the NFIP.”

Town of Falmouth, Mass., Bd. of Selectmen v. Hunter, 427 F. Supp. 26 (D. Mass. 1976). · cites it 2× “In July, 1971, it was authorized to participate in a program providing temporary emergency flood insurance pursuant to 42 U.S.C. § 4106 , pending determination of risk premium rates.”

Effect of Flood Disaster Prevention Act on Exec. Order 11988 (OLC 1978). “February 23, 1978 78-10 MEMORANDUM OPINION FOR THE DEPUTY GENERAL COUNSEL, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Flood Disaster Prevention Act ( 42 U.S.C. § 4106 )— Mortgage Loans— Effect of Statute on Executive Order This is our response to your request for our opinion on…”

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