836 



Amendments 

 1973 — Pub. L. 93-234 designated existing provisions as 

 subsec. (a) and added subsecs. (b) and (c). 



§ 4102. Criteria for land management and use. 



(a) Studies and investigations. 



The Secretary is authorized to carry out studies 

 and Investigations, utilizing to the maximum extent 

 practicable the existing facilities and services of 

 other Federal departments or agencies, and ooat^ 

 and local governmental agencies, and any other 

 organizations, with respect to the adequacy of State 

 and local measures .in flood-prone areas as to land 

 management and use, flood control, flood zoning, and, 

 flood damage prevention, and may enter into any 

 contracts, agreements, or other appropriate arrange- 

 ments to carry out such authority. 



(b) Extent of studies and investigations. 



Such studies and Investigations shall include, but 

 not be limited to, laws, regulations, or ordinances 

 relating to encroachments and obstructions on 

 stream channels and floodways, the orderly develop- 

 ment and use of flood plains of rivers or streams, 

 floodway encroachment lines, and flood plain zoning, 

 building codes, building permits, and subdivision or 

 other building restrictions. 



(c) Development of comprehensive criteria designed 

 to encourage adoption of adequate State and 

 local measures. 



On the basis of such studies and Investigations, 

 and such other information as he deems necessary, 

 the Secretary shall from time to time develop com- 

 prehensive criteria designed to encourage, where 

 necessary, the adoption of adequate State and local 

 measures which, to the maximtim extent feasible, 

 will— 



(1) constrict the development of land which Is 

 exposed to flood damage where appropriate, 



(2) guide the development of proposed con- 

 struction away from locations which are threat- 

 ened by flood hazards, 



(3) assist in reducing damage caused by floods, 

 and 



(4) otherwise Improve the long-range land 

 mana gement and use of flood-prone areas, 



and he shall work closely with and provide any 

 necessary technical assistance to State, interstate. 

 and local governmental agencies, to encourage the 

 application of such criteria and the adoption and 

 enforcement of such measures. (Pub. L. 90-448. title 

 Xni, § 1361. Aug. 1. 1968, 82 Stat. 587; Pub. L. 91-152, 

 title IV, i 410(c) , Dec. 24, 1969. 83 Stat. 397.) 

 Amendments 

 1969— Subsec. (c). Pub. L. 91-152 substituted provisions 

 requiring; the development of criteria designed to encour- 

 age the adoption of adequate State and local measures, 

 for provisions requiring the development of criteria de- 

 Eigaed to encourage the adoption of permanent State and 

 local measures. 



§4103. Purchase of insured properties damaged sub- 

 stantially beyond repair by flood. 



The Secretary may, when he determines that the 

 public interest would be served thereby, enter into 

 negotiations with any owner of real property or 



Interest therein which — 



(1) was located in any flood-risk area, as deter- 

 mined by the Secretary, 



(2) was covered by flood insurance under the 

 flood' Insurance program authorized under this 

 chapter, and 



<3) was damaged substantially beyond repair 

 by flood while so covered, 

 and may purchase such property or interests therein, 

 for subsequent transfer, by sale, lease, donation, or 

 otherwise, to any State or local agency which enters 

 into an agreement with the Secretary that such 

 property ohall, for a period not less than forty years 

 following transfer, be used for only such purposes as 

 the Secretary may, by regulation, determine to be 

 consistent vrtth sound land management and use in 

 such area. (Pub. L. 90-448, title Xm, § 1362, Aug. 1, 

 1968, 82 Stat. 588.) 



§ 4104. Flood elevation determinations. 



(a) Publication or notification of proposed flood eleva- 

 tion determinations. 



In establishing projected flood elevations for land 

 use purposes with respect to any community pur- 

 suant to section 4102 of this title, the Secretary shall 

 first propose such determinations by publication for 

 comment in the Federal Register, by direct notifica- 

 tion to the chief executive officer of the community, 

 and by publication in a prominent local newspaper. 



(b) Publication of Rood elevation determinations; ap- 

 peal of owner or Ics.see to local government; scien- 

 tific or technical knowledge or informption as basis 

 for appeal; modification of proposed determina- 

 tions. 



The Secretary shall publish notification of flood 

 elevation determinations in a prominent local news- 

 paper at least twice during the ten-day period fol- 

 lowing notification to the local government. During 

 the ninety-day period following the second publica- 

 tion, any owner or lessee of real property within the 

 community who believes his property rights to be 

 adversely affected by the Secretary's proposed de- 

 termination may appeal such determination to the 

 local government. The sole basis for such appeal shall 

 be the possession of knowledge or information indi- 

 cating that the elevations being proposed by the Sec- 

 retary with fespect to an identified area having 

 special flood hazards are scientifically or technically 

 incorrect, and the sole relief which shall be granted 

 under the authority of this section in the event that 

 such appeal Is sustained in accordance with subsec- 

 tion I e) or (f ) of this section is a modification of the 

 Secretary's proposed determination accordingly. 



(c) Appeals by private persons; submission of negativ- 

 ing or contradict 'njr data to community; opinion of 

 community respecting iustification for appeal by 

 conimunty: transmission of individual appeals to 

 Scrctary; filing of community action with Secre- 

 tary. 



Appeals by private persons shall be made to the 

 chief executive officer of the community, or to such 

 agency as he shall publicly designate, and shall set 

 forth the data that tend to negate or contradict the 

 Secretary's finding in such form as the chief execu- 

 tive officer may specify. The community shall review 



