42 U.S.C. § 4128

Rules and regulations

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(a) The Administrator is authorized to issue such regulations as may be necessary to carry out the purpose of this Act.(b) The head of each Federal agency that administers a program of financial assistance relating to the acquisition, construction, reconstruction, repair, or improvement of publicly or privately owned land or facilities, and each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions, shall, in cooperation with the Administrator, issue appropriate rules and regulations to govern the carrying out of the agency’s responsibilities under this Act.(Pub. L. 93–234, title II, § 205, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98–181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.)Editorial NotesReferences in Text

This Act, referred to in text, 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.

Amendments

2012—Pub. L. 112–141 substituted “Administrator” for “Director” in subsecs (a) and (b).

1983—Pub. L. 98–181 substituted “Director” for “Secretary” in subsecs. (a) and (b).

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 6 cases, 1981–2015 · leading case: Florida Key Deer v. Stickney, 864 F. Supp. 1222 (S.D. Fla. 1994).
Florida Key Deer v. Stickney, 864 F. Supp. 1222 (S.D. Fla. 1994). · cites it 2× “” 42 U.S.C. § 4128 (a). The NFIA also gives FEMA broad discretion to establish specific criteria of eligibility for communities to participate in the NFIP.”
Florida Key Deer v. Brown, 386 F. Supp. 2d 1281 (S.D. Fla. 2005). “” 42 U.S.C. § 4128 (a). The NFIA also gives *1290 FEMA broad discretion to establish specific criteria of eligibility for communities to participate in the NFIP.”
Mun. Ass'n of SC v. USAA Gen. Indem. Co., 709 F.3d 276 (4th Cir. 2013). “A); see 42 U.S.C. § 4128 (a) (FEMA has authority to “issue such regulations as may be necessary to carry out the purpose of the [NFIP].”
Mahakali Krupa LLC v. Allstate Ins. Co, 619 F. App'x 98 (3rd Cir. 2015). · cites it 2× “” 42 U.S.C. § 4128 (a). The statute’s broad grant of rule-making authority certainly appears to give FEMA the power to regulate how policies issued under the NFIP are sold.”
Jacobsen v. Banco Mortg. Co., 547 F. Supp. 954 (D. Minnesota 1981). “The Department of Housing and Urban Development (“HUD”), of which the FHA is a part, has promulgated, pursuant to 42 U.S.C. § 4128 (b), regulations relating to FHA insured loans.”
Mun. Ass'n of South Carolina v. Serv. Ins., 786 F. Supp. 2d 1031 (D.S.C. 2011). “” Congress has not expressly indicated whether WYO companies are responsible for paying municipal business license taxes.”
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