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42 U.S.C. § 4012 — Scope of program and priorities

submitted 58 years ago by Pub. L. 90-448 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 453 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets priorities for flood insurance and permits expansion to additional property types. It limits availability in States or areas that lack required interest and land-use assurances and requires coverage for multifamily properties.

(a) Priority. The Administrator must prioritize insurance for one-to-four-family residential properties, churches, and small-business properties that are owned or leased and operated by small businesses. (b) Other properties. If studies, investigations, exchanged information under section 4014, and other needed information show expansion is feasible, the Administrator may make insurance available, as feasible and by regulation, for other residential property, other business property, agricultural property, private nonprofit property, and State or local government property and agencies. (c) States or areas. The Administrator may make insurance available only in a State or area, or subdivision, that has shown positive interest in coverage and satisfactorily assured that by December 31, 1971 it would adopt adequate land-use and control measures consistent with section 4102 criteria and begin applying and enforcing them when technical floodway and flood-elevation information becomes available. (d) Multifamily properties. (1) The Administrator must make insurance available for residential properties with five or more residences. The maximum coverage equals the amount available for commercial property. (2) This does not limit residents’ ability to insure contents and personal articles in their residences.
the actual law source: uscode.house.gov ↗public domain
(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 properties

If 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 measures

The 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-448 · 82 Stat. 574
  • 1969Amended · Pub. L. 91-152 · 83 Stat. 397
  • 1971Amended · Pub. L. 92-213 · 85 Stat. 775
  • 1983Amended · Pub. L. 98-181 · 97 Stat. 1229
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 916, 958

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-448 on 1968-08-01.

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