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<br />am. The Act also requires that on
<br />d after July I, 1975, or one year
<br />ter a community has been formally
<br />tlfled by the Administrator of Its
<br />entlflcation as community contain-
<br />g one or more special flood, mudsllde
<br />.e., mudflow). or flood~related erosion
<br />ard areas, no such Federal flnan-
<br />al assistance, shall be provided
<br />ithln such an area unless the com~
<br />unity In which the area Is located Is
<br />en participating III the Program,
<br />bject to certain exceptions. See FIA
<br />bllshed Guidelines at i 59.4(c).
<br />(b) TO qualify for the sale of federal.
<br />-subsidized flood insurance a com-
<br />unity must adopt and submit to the
<br />inlstrator as part of Its appllca.
<br />n, flood plain management regula-
<br />ns, satisfying at a minimum the cri-
<br />ria set forth at Part 60 of this sub-
<br />apter, designed to reduce or avoid
<br />ture flood, mudsllde (I.e., mudflow)
<br />flood-related erosion damages.
<br />ese regulations must Include effec-
<br />e enforcement prO\,oisions.
<br />(c) Minimum requirements for ade-
<br />ate flood plain management regula-
<br />ns are set forth in i 60.3 for flood.
<br />one areas, in ~ 60.4 for mudslide (i.e.,
<br />udflow) areas and In i 60.5 for flood.
<br />lated erosion areas. Those applicable
<br />quirements and st~ndards are based
<br />the amount of technical informa-
<br />n available to the community.
<br />
<br />1 FR 46968. Oct. 26, 1976. as amended at
<br />FR 7140. Feb. 17, 1978. Redesignated at
<br />FR 31177. May 31; 1979. and amended at
<br />FR 44552. Sept, 29, 1983; 49 FR 4751,
<br />b.8,1984]
<br />
<br />9.3 Emergency program.
<br />
<br />he 1968 Act required a risk study
<br />be undertaken for each community
<br />fore It could become eligible for t,he
<br />e of flood insurance. Since this re-
<br />irement resulted in a delay in pro-
<br />ing insurance. the Congress. to see-
<br />n 408 of the Housing and Urban De.
<br />lopment Act of 1969 (Pub. L. 91-152,
<br />cember 24, 1969), established an
<br />ergency Flood Insurance Program
<br />a new section 1336 of the National
<br />ood Insurance Act (42 UoS.C. 4056)
<br />permit the early sue of insurance in
<br />od-prone comtnWlities. The emer~
<br />cy program does not affect the re-
<br />Irement that a community must
<br />opt adequate flood plain manage-
<br />
<br />OM .. U I:dill0n)
<br />
<br />meot regulations pursuant to Part 60
<br />of this SUbchapter but permits insur-
<br />ance to be sold before a study is con~
<br />ducted to determine risk premium
<br />rates for the community. The program
<br />still requires upon the effective date of
<br />a FIRM the charging of risk premium
<br />rates for all new construction and sub-
<br />stantial improvements and for higher
<br />limits of coverage for existing struc-
<br />tures.
<br />
<br />[43 FR 7140. Feb. 17, 1978. RedeSignated at
<br />44 FR 31177. May 31.1979. and amended a.t
<br />48 FR 44543. Sept. 29, 1982]
<br />
<br />6 59.4 References.
<br />
<br />(a) The following are stat.utory ref.
<br />erences for the National Flood Insur-
<br />ance Program, under which these reg-
<br />ulations are issued:
<br />(1) National Flood Insurance Act of
<br />1968 (Title XIII of the Housing and
<br />Urban Development Act of 1968), Pub.
<br />L. 90-448, approved August I, 1968, 42
<br />U.S.C. 4001 et seq.
<br />(2) Housing and Urban Development
<br />Act of 1969 (Pub. L. 91-152, approved
<br />December 24, 1969)0
<br />(3) Flood Disaster Protection Act of
<br />1973 (87 Stat. 980), Pub. L. 93-234, ap,
<br />proved December 31, 1973.
<br />(4) Section 816 of the Housing and
<br />Community Development Act of 1974
<br />(87 Stat. 975), Pub. L; 93-383, ap.
<br />proved August 22, 1974.
<br />(5) Pub. L.5-128 (effective October
<br />12, 1977).
<br />(6) The above statutes are included
<br />in 42 U.S.C. 4001 et seq.
<br />(b) The following are references rel-
<br />eva.nt to the National Flood Insurance
<br />Program:
<br />(1) Executive Order 11988 (Flood.
<br />plain Management, dated May 24,
<br />1977 (42 FR 26951, May 25, 1977)).
<br />(2) The Flood Control Act of 1960
<br />(Pub. L. 86-645).
<br />(3) Tltie II, section 314 of Title III
<br />and section 406 of Title IV of the Dls.
<br />aster Relief Act of 1974 (Pubo L. 93-
<br />288).
<br />(4) Coastal Zone Management Act
<br />(Pub. L. 92-583), as amended Pub. L.
<br />94-370.
<br />(5) Water Resources Planning Act
<br />(Pub. L. 89-90), as amended Pub. L.
<br />94-112 <October 16, 1975).
<br />
<br />254
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