838 



works or other flood control methods. The Secretary 

 may, in his discretion, grant a public hearing to any 

 community with respect to which conflicting data 

 exist as to the nature and extent of a flood hazard. 

 If the Secretary decides not to hold a hearing, the 

 community shall be given an opportunity to submit 

 written and documentary "evidence. Whether or not 

 such hearing is granted, the Secretary's final deter- 

 mination as to the existence or extent of a flood 

 hazard area in a particular community shall be 

 deemed conclusive for the purposes of this Act if 

 supported by substantial evidence in the record con- 

 sidered as a whole. 



(c) Subsequent notification to additional communities 

 known to be flocd-prone areas. 



As information becomes available to the Secretary 

 concerning the existence of flood hazards in com- 

 munities not known to be flood prone at the time of 

 the initial notification provided for by subsection 

 (a) of this section he shall provide similar notifica- 

 tions to the chief executive officers of such additional 

 communities, which shall then be subject to the re" 

 qulrements of subsection (b) of this section. 



(d) Provisions of section 4106 applicable to flood-prone 

 communities disqualified for flood insurance pro- 

 gram. 



Formally identifled flood-prone communities that 

 do not qualify for the national flood insurance pro- 

 gram within one year after such notification or by 

 the date specified in section 4106 of this title, which- 

 ever is later, shall thereafter be subject to the provi- 

 sions of that section relating to flood-prone com- 

 munities which are not participating in the program. 

 (Pub. L. 93-234, title II. § 201, Dec. 31, 1973, 87 Stat. 

 982.) 



one year following identification of the area within 

 which such dwelling Is located as an area contain- 

 ing special flood hazards, whichever Is later, or 

 made to extend, renew, or Increase the financing or 

 refinancing in connection with such a dwelling, 

 (2) any loan, which does not exceed an amount! 

 prescribed by the Secretary, to finance the acquisi- 

 tion of a building or structure completed and oc- 

 cupied by a small business concern, as defined by 

 the Secretary, prior to January 1, 1976. (3) any 

 loan or loans, which in the aggregate do not exceed 

 $5,000, to finance improvements to or rehabilita- 

 tion of a building or structure occupied as a resi- 

 dence prior to January 1, 1976. or (4) any loan or 

 loans, which in the aggregate do not exceed an 

 amoimt prescribed by the Secretary, to finance 

 nonresidential additions or improvements to be 

 used solely for agricultural purposes on a farm. 

 (Pub. L. 93-234, title n, i 202, Dec. 31. 1973, 8T 

 Sitat. 982, amended Pub. L. 94-50, title HI, § 303, 

 July 2, 1975, 89 Stat. 256; Pub. L. 94-198, Dec. 3, 



1975, 89 Stat. 1116; Pub. L. 94-375, § 14(a), Aug. 3, 



1976, 90 Stat. 1075.) 



CODiriCATION 



Section was enacted as part of Flood Disaster Protec- 

 tion Act of 1973, and not as part of National Flood In- 

 surance Act of 1968. which Is classified to this chapter. 



Amendments 

 1975 — Subsec. (b). Pub. L. 94-198 substituted 

 "March 1, 1976" for "January 1, 1976". 



Pub. L. 94-50 added provision excepting from the pro- 

 hibition of this section any loan made prior to Janu- 

 ary 1, 1976, to finance the acquisition of a previously 

 occupied residential dwelling. 



§4106. Same; nonparticipation in flood insurance pro- 

 gram. 



(a) Prohibition of Federal approval of financial assist- 

 ance. 



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 identifled by the Secretary as an 

 area having special flood hazards unless the com- 

 munity in which such area is situated is then par- 

 ticipating in the national flood insurance program. 



(b) Federal regulations against loans by financial 

 institutions. 



Each Federal instrumentality responsible for the 

 supervision, approval, regulation, or insuring of 

 banks, savings and loan associations, or similar in- 

 stitutions shall by regulation prohibit sucli institu- 

 tions on and after July 1, 1975. from making, in- 

 creasing, extending, or renewing any loan secured by 

 improved real estate or a mobile home located or to 

 be located in an area that has been identified by the 

 Secretary 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, except that the prohibition contained in 

 this sentence shall not apply to ( 1 ) any loan made 

 to finance the acquisition of a residential dwelling 

 occupied as a residence prior to March 1, 1976, or 



§4107. Same; consultation with local officials; scope. 



In carrying out his responsibilities under the pre- 

 visions of this title and this chapter which relate to 

 notification to and identification of flood-prone areas 

 and the application of criteria for land management 

 and use, including criteria derived from data reflect- 

 ing new developments that may indicate the desir- 

 ability of modifying elevations based on previous 

 flood studies, the Secretary shall establish procedures 

 assuring adequate consultation with tlie appropriate 

 elected officials oi general purpose local governments. 

 Including but not limited to those local governments 

 whose prior eligibility under the program has been 

 suspended. Such consultation shall include, but not 

 be limited to, fully informing local officials at the 

 commencement of any flood elevation study or In- 

 vestigation undertaken by any agency on behalf of 

 the Secretary concerning the nature and purpose 

 of the study, the areas involved, the manner in which 

 the study is to be undertaken, the general principles 

 to be applied, and the use to be made of the data 

 obtained. The Secretary shall encourage local of- 

 ficials to di.sseminate information concerning such 

 study widely within the community, so that inter- 

 ested persons will hi^ve an opportunity to bring all 

 relevant facts and technical data concerning the 

 local flood hazard to the attention of the agency 



