42 U.S.C. § 4011 - U.S. Code - Unannotated Title 42. The Public Health and Welfare § 4011. Authorization to establish and carry out program

(a) Authorization and establishment

To carry out the purposes of this chapter, the Administrator of the Federal Emergency Management Agency is authorized to establish and carry out a national flood insurance program which will enable interested persons to purchase insurance against loss resulting from physical damage to or loss of real property or personal property related thereto arising from any flood occurring in the United States.

(b) Additional coverage for compliance with land use and control measures

The national flood insurance program established pursuant to subsection (a) of this section shall enable the purchase of insurance to cover the cost of implementing measures that are consistent with land use and control measures established by the community under section 4102 of this title for--

(1)  properties that are repetitive loss structures;

(2)  properties that are substantially damaged structures;

(3)  properties that have sustained flood damage on multiple occasions, if the Administrator determines that it is cost-effective and in the best interests of the National Flood Insurance Fund to require the implementation of such measures;  and

(4)  properties for which an offer of mitigation assistance is made under--

(A) section 4104c of this title (Flood Mitigation Assistance Program);

 the Hazard Mitigation Grant Program authorized under section 5170c of this title;

 the Predisaster Hazard Mitigation Program under section 5133 of this title;  and

 any programs authorized or for which funds are appropriated to address any unmet needs or for which supplemental funds are made available.

(E)  Redesignated (D)

The Administrator shall impose a surcharge on each insured of not more than $75 per policy to provide cost of compliance coverage in accordance with the provisions of this subsection.

(c) Participation and risk sharing by insurers

In carrying out the flood insurance program the Administrator shall, to the maximum extent practicable, encourage and arrange for--

(1)  appropriate financial participation and risk sharing in the program by insurance companies and other insurers, and

(2)  other appropriate participation, on other than a risk-sharing basis, by insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations,

in accordance with the provisions of subchapter II of this chapter.


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