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U.S. Code as of:
01/19/04
Section 4001. Congressional findings and declaration of purpose
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
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