Public Law 119-73 (01/23/2026)

42 U.S.C. § 4106

Nonparticipation in flood insurance program

(a)

Prohibition against Federal approval of financial assistance

No Federal officer or agency shall approve any financial assistance for acquisition or construction purposes on and after , for use in any area that has been identified by the Administrator 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.

(b)

Notification of purchaser or lessee of property in flood hazard area of availability of Federal disaster relief assistance in event of a flood disaster

section 4104a of this titleIn addition to the requirements of , each Federal entity for lending regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender, described in such section to notify (as a condition of making, increasing, extending, or renewing any loan secured by property described in such section) the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property.

Pub. L. 93–234, title II, § 20287 Stat. 982Pub. L. 94–50, title III, § 30389 Stat. 256Pub. L. 94–19889 Stat. 1116Pub. L. 94–375, § 14(a)90 Stat. 1075Pub. L. 95–128, title VII, § 703(a)91 Stat. 1144Pub. L. 98–181, title I97 Stat. 1229Pub. L. 103–325, title V, § 511(b)108 Stat. 2256Pub. L. 112–141, div. F, title II, § 100238(a)(1)126 Stat. 958(, , ; , , ; , , ; , , ; , , ; [title IV, § 451(e)(1)], , ; , , ; , , .)

Editorial Notes

Codification

Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

Amendments

Pub. L. 112–1412012—Subsec. (a). substituted “Administrator” for “Director”.

Pub. L. 103–3251994—Subsec. (b). substituted “Federal entity for lending regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender,” for “Federal instrumentality described in such section shall by regulation require the institutions”.

Pub. L. 98–1811983—Subsec. (a). substituted “Director” for “Secretary”.

Pub. L. 95–1281977—Subsec. (b). substituted provisions respecting notification of purchaser or lessee of property in flood hazards area of availability of Federal disaster relief assistance in the event of a flood disaster for prior provisions relating to: Federal regulations against loans by financial institutions, unaffected pre-, residences, small business concerns, improvements under $5,000 and nonresidential farm improvement.

Pub. L. 94–3751976—Subsec. (b). incorporated provision regarding any loan made prior to , to finance the acquisition of a previously occupied residential dwelling into cl. (1) as so designated, added remainder of cl. (1), and cls. (2) to (4).

Pub. L. 94–1981975—Subsec. (b). substituted “” for “”.

Pub. L. 94–50 inserted provision excepting from the prohibition of this section any loan made prior to , to finance the acquisition of a previously occupied residential dwelling.

Statutory Notes and Related Subsidiaries

Transfer of Functions

section 315(a)(1) of Title 6For 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 6For 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 .

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 .