837 



and consolidate all such appeals and issue a written 

 opinion stating whether the evidence presented Is 

 sufficient to justify an appeal on behalf of such per- 

 sons by the community In its own name. Whether 

 or not the community decides to appeal the Secre- 

 tary's determination, copies of individual appeals 

 shall be sent to the Secretary as they are received by 

 the community, and the community's appeal or a 

 copy of its decision not to appeal shall be filed with 

 the Secretary not later than ninety days after the 

 date of the second newspaper publication of the 

 Secretary's notification. 



(d) Administrative review of appeals by private per- 

 sons; modification of proposed determinations; 

 decision of Secretary: form and distribution. 



In the event the Secretary does not receive an 

 appeal from the community within the ninety days 

 provided, he shall consolidate and review on their 

 own merits, in accordance with the procedures set 

 forth in subsection (e) of this section, the appeals 

 filed within the community by private persons and 

 shall make such modifications of his proposed de- 

 terminatlo"'' as m?y he a^nropri^te. takin? into ac- 

 count the written opinion, if any. Issued by the com- 

 munity in not supporting such appeals. The Secre- 

 tary's decision shall be in written form, and copies 

 thereof shall be sent both to the chief executive 

 officer of the community and to each Individual 

 appellant. 



(e) Adm-nistrative review of pppeals br community; 

 agencies for repo'ution of confl'ctinfr data; avail- 

 ability of flood insurance pending such resolution; 

 time for d"tprmination of Secretary; community 

 adoption of local Irind use and co'^trol meapures 

 with'n reasonable time of fipal determination; 

 pnb'ic i^'.op^c'ion ard admissiblity in evidence of 

 reports and other administrative information. 



Upon appeal by any community, as provided by 

 this section, the Secretary shall review and take fully 

 into account any technical or scientific dita sub- 

 mitted by the community that tend to negate or 

 contrrdict the information upon which his proposed 

 determination is b?sed. The Secretary shall resolve 

 such appeal by consultation with officirls of the local 

 government involved, by administrative hearing, or 

 by submission of the conflicting data to an independ- 

 t-nt scientific body or a'tproprir'te Federal agency for 

 rdvice. Until the conflict in data is resolved, and the 

 Secretary mnkes a final determination on the basis 

 of his findings in the Federal Register, and so notifies 

 the governing body of the community, flood in- 

 surance previously available within the community 

 shall continue to be available, and no person shall 

 be denied the right to purchase such Insurance at 

 chargeable rates. The Secretary shall make his deter- 

 mination within a reasonable time. The community 

 shall be given a reasonable time after the Secretary's 

 final determination in which to adopt local land use 

 and control measures consistent with the Secretary's 

 determination. The reports and other information 

 used by the Secretary in making his final determina- 

 tion shall be made available for public inspection and 

 shall be admissible in a court of law in the event the 

 community seeks judicial review as provided by this 

 section. 



(f) Judicial review of final administrative determina- 

 tions; venue; time for appeal; scope of review; 

 good cause for stay of final determinations. 

 Any appellant aggrieved by any final determina- 

 tion of the Secretary upon administrative appeal, as 

 provided by this section, may appeal such determina- 

 tion to the United States district court for the dis- 

 trict within which the community Is located not 

 more than sixty days after receipt of notice of such 

 -determination. The scope of review by the court shall 

 be as provided by chapter 7 of Title 5. During the 

 pendency of any such litigation, all final determina- 

 tions of the Secretary shall be effective for the pur- 

 poses of this chapter unless stayed by the court for 

 good cause shown. fPub. L. 90-448, title Xin, § 1363, 

 as added Pub. L. 93-234, title I. § 110. Dec. 31. 1973, 

 87 Stat. 980.) 



§ 4104a. Notification of purchaser or lessee of special 

 flood hazards in area of location of improved real 

 estate or mobile home securing loan; regulations 

 prescribing procedures. 



Each Federal instrumentality responsible for the 

 supervision, approval, regulation, or insuring of 

 banks, savings and loan associations, or similar insti- 

 tutions shall by regulation require such institu- 

 tions, as a condition of making, increasing, extend- 

 ing, or renewing (after the expiration of thirty days 

 following August 22, 1974) any loan secured by im- 

 proved real estate or a mobile home located or to 

 be located in an area that has been identified by the 

 Secretary under this chanter or Public Law 93 234 

 as an area having special fiood hazards, to notify the 

 purchaser or lessee (or obtain satisfactory assur- 

 ances that the seller or lessor has notified the pur- 

 chaser or lessee* of such -special flood hazards, in 

 WTiting, a reasonable period in advance of the signing 

 of the purchase agreemont, lease, or other documents 

 involved in the transaction. (Pub. L. 90-448, title 

 Xni, 5 1364, as added Pub. L. 93-383, title VIII, 

 I 816(a) , Aug. 22, 1974, 88 Stat. 739.) 



§4105. Disaster mitigation requirements; notification 

 to flood-prone areas. 



(a) Initial notification. 



Not; later than six months following December 31, 

 1973, the Secretary shall publish information in ac- 

 cordance with section 4101(1) of this title, and shall 

 notify the chief executive officer of each known flood- 

 prone community not already participating in the 

 national fiood insurance program of its tentative 

 identification as a community containing one or 

 more areas having special flood hazards. 



(b) Alternative actions of tentatively identified com- 

 munities; p'lblic hearing; opportunity for submis- 

 sion of evidence; finality of administrative deter- 

 mination of existence or extent of flood hazard 

 area. 



After such notification, each tentatively identified 

 community shall either (1) promptly make proper 

 application to participate In the national flood In- 

 surance program or (2) within six months submit 

 technical data sufficient to establish to the satisfac- 

 tion of the Secretary that the community either Is 

 not seriously fiood prone or that such flood hazards 

 as may have existed have been corrected by flood- 



