Necessity and reasons for flood insurance program
The Congress finds that (1) from time to time flood disasters have created personal hardships and economic distress which have required unforeseen disaster relief measures and have placed an increasing burden on the Nation’s resources; (2) despite the installation of preventive and protective works and the adoption of other public programs designed to reduce losses caused by flood damage, these methods have not been sufficient to protect adequately against growing exposure to future flood losses; (3) as a matter of national policy, a reasonable method of sharing the risk of flood losses is through a program of flood insurance which can complement and encourage preventive and protective measures; and (4) if such a program is initiated and carried out gradually, it can be expanded as knowledge is gained and experience is appraised, thus eventually making flood insurance coverage available on reasonable terms and conditions to persons who have need for such protection.
Participation of Federal Government in flood insurance program carried out by private insurance industry
The Congress also finds that (1) many factors have made it uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions; but (2) a program of flood insurance with large-scale participation of the Federal Government and carried out to the maximum extent practicable by the private insurance industry is feasible and can be initiated.
Unified national program for flood plain management
The Congress further finds that (1) a program of flood insurance can promote the public interest by providing appropriate protection against the perils of flood losses and encouraging sound land use by minimizing exposure of property to flood losses; and (2) the objectives of a flood insurance program should be integrally related to a unified national program for flood plain management and, to this end, it is the sense of Congress that within two years following the effective date of this chapter the President should transmit to the Congress for its consideration any further proposals necessary for such a unified program, including proposals for the allocation of costs among beneficiaries of flood protection.
Authorization of flood insurance program; flexibility in program
It is therefore the purpose of this chapter to (1) authorize a flood insurance program by means of which flood insurance, over a period of time, can be made available on a nationwide basis through the cooperative efforts of the Federal Government and the private insurance industry, and (2) provide flexibility in the program so that such flood insurance may be based on workable methods of pooling risks, minimizing costs, and distributing burdens equitably among those who will be protected by flood insurance and the general public.
Land use adjustments by State and local governments; development of proposed future construction; assistance of lending and credit institutions; relation of Federal assistance to all flood-related programs; continuing studies
It is the further purpose of this chapter to (1) encourage State and local governments to make appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses, (2) guide the development of proposed future construction, where practicable, away from locations which are threatened by flood hazards, (3) encourage lending and credit institutions, as a matter of national policy, to assist in furthering the objectives of the flood insurance program, (4) assure that any Federal assistance provided under the program will be related closely to all flood-related programs and activities of the Federal Government, and (5) authorize continuing studies of flood hazards in order to provide for a constant reappraisal of the flood insurance program and its effect on land use requirements.
Mudslides
The Congress also finds that (1) the damage and loss which results from mudslides is related in cause and similar in effect to that which results directly from storms, deluges, overflowing waters, and other forms of flooding, and (2) the problems involved in providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. It is therefore the further purpose of this chapter to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this chapter for purposes of the flood insurance program, protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground.
Pub. L. 90–448, title XIII, § 130282 Stat. 572Pub. L. 91–152, title IV, § 409(a)83 Stat. 397Pub. L. 93–234, title I, § 108(a)87 Stat. 979Pub. L. 103–325, title V, § 552(d)108 Stat. 2269(, , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 1377 of Pub. L. 90–448For effective date of this chapter, referred to in subsec. (c), see , set out as an Effective Date note below.
Pub. L. 90–44882 Stat. 572This chapter, referred to in subsecs. (d) to (f), was in the original a reference to “this title” meaning title XIII of , , , known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments
Pub. L. 103–3251994—Subsec. (g). struck out subsec. (g) which read as follows: “The Congress also finds that (1) the damage and loss which may result from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels is related in cause and similar in effect to that which results directly from storms, deluges, overflowing waters, and other forms of flooding, and (2) the problems involved in providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. It is therefore the further purpose of this chapter to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this chapter for purposes of the flood insurance program, protection against damage and loss resulting from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels.”
Pub. L. 93–2341973—Subsec. (g). added subsec. (g).
Pub. L. 91–1521969—Subsec. (f). added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 90–448, title XIII, § 137782 Stat. 589
Short Title of 2019 Amendment
Pub. L. 116–19, § 1133 Stat. 870
Short Title of 2018 Amendment
Pub. L. 115–396, § 1132 Stat. 5296
Pub. L. 115–281, § 1132 Stat. 4191
Pub. L. 115–225, § 1132 Stat. 1624
Short Title of 2014 Amendment
Pub. L. 113–89, § 1(a)128 Stat. 1020
Short Title of 2012 Amendment
Pub. L. 112–141, div. F, title II, § 100201126 Stat. 916
Pub. L. 112–141, div. F, title II, § 100251126 Stat. 969
Short Title of 2010 Amendment
Pub. L. 111–250, § 1124 Stat. 2630
Pub. L. 111–196, § 1124 Stat. 1352
Short Title of 2006 Amendment
Pub. L. 109–208, § 1120 Stat. 317
Short Title of 2005 Amendments
Pub. L. 109–106, § 1119 Stat. 2288
Pub. L. 109–65, § 1119 Stat. 1998
Short Title of 2004 Amendment
Pub. L. 108–264, § 1(a)118 Stat. 712
Short Title of 2003 Amendments
Pub. L. 108–171, § 1117 Stat. 2064
Short Title of 1994 Amendment
Pub. L. 103–325, title V, § 501108 Stat. 2255
Short Title of 1973 Amendment
Pub. L. 93–234, § 187 Stat. 975
Short Title
Pub. L. 90–448, title XIII, § 130182 Stat. 572
Regulations
Pub. L. 103–325, title V, § 583108 Stat. 2287Pub. L. 109–295, title VI, § 612(c)120 Stat. 1410
section 315(a)(1) of Title 6[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 , Domestic Security.]
section 542 of Title 6[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 , as modified, set out as a note under .]
Evaluation of Erosion Hazards
Pub. L. 103–325, title V, § 577(a)108 Stat. 2281–2283–(g), , , required the Director of the Federal Emergency Management Agency to submit a report no later than two years after , evaluating erosion hazards and estimating the impact of erosion on flood insurance claims.
Pub. L. 103–325Relation of Title V of to State and Local Laws
Pub. L. 103–325, title V, § 584108 Stat. 2287
Executive Documents
Floodplain Management
section 4321 of this titleFor 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, , 42 F.R. 26951, set out as a note under .