[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR59.2]

[Page 244]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 59--GENERAL PROVISIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 59.2  Description of program.

    (a) The National Flood Insurance Act of 1968 was enacted by title 
XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448, 
August 1, 1968) to provide previously unavailable flood insurance 
protection to property owners in flood-prone areas. Mudslide (as defined 
in Sec. 59.1) protection was added to the Program by the Housing and 
Urban Development Act of 1969 (Pub. L. 91-152, December 24, 1969). 
Flood-related erosion (as defined in Sec. 59.1) protection was added to 
the Program by the Flood Disaster Protection Act of 1973 (Pub. L. 93-
234, December 31, 1973). The Flood Disaster Protection Act of 1973 
requires the purchase of flood insurance on and after March 2, 1974, as 
a condition of receiving any form of Federal or federally-related 
financial assistance for acquisition or construction purposes with 
respect to insurable buildings and mobile homes within an identified 
special flood, mudslide (i.e., mudflow), or flood-related erosion hazard 
area that is located within any community participating in the Program. 
The Act also requires that on and after July 1, 1975, or one year after 
a community has been formally notified by the Administrator of its 
identification as community containing one or more special flood, 
mudslide (i.e., mudflow), or flood-related erosion hazard areas, no such 
Federal financial assistance, shall be provided within such an area 
unless the community in which the area is located is then participating 
in the Program, subject to certain exceptions. See FIA published 
Guidelines at Sec. 59.4(c).
    (b) To qualify for the sale of federally-subsidized flood insurance 
a community must adopt and submit to the Administrator as part of its 
application, flood plain management regulations, satisfying at a minimum 
the criteria set forth at part 60 of this subchapter, designed to reduce 
or avoid future flood, mudslide (i.e., mudflow) or flood-related erosion 
damages. These regulations must include effective enforcement 
provisions.
    (c) Minimum requirements for adequate flood plain management 
regulations are set forth in Sec. 60.3 for flood-prone areas, in 
Sec. 60.4 for mudslide (i.e., mudflow) areas and in Sec. 60.5 for flood-
related erosion areas. Those applicable requirements and standards are 
based on the amount of technical information available to the community.

[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 7140, Feb. 17, 1978. 
Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 FR 44552, 
Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]