[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR61.12]



[Page 271-272]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 61_INSURANCE COVERAGE AND RATES--Table of Contents

 

Sec. 61.12  Rates based on a flood protection system involving Federal 

funds.



    (a) Where the Administrator determines that a community has made 

adequate progress on the construction of a flood protection system 

involving Federal funds which will significantly limit the area of 

special flood hazards, the applicable risk premium rates for any 

property, located within a special flood hazard area intended to be 

protected directly by such system will be those risk premium rates which 

would be applicable when the system is complete.

    (b) Adequate progress in paragraph (a) of this section means that 

the community has provided information to the Administrator sufficient 

to determine that substantial completion of the flood protection system 

has been effected because:

    (1) 100 percent of the total financial project cost of the completed 

flood protection system has been authorized;

    (2) At least 60 percent of the total financial project cost of the 

completed flood protection system has been appropriated;

    (3) At least 50 percent of the total financial project cost of the 

completed flood protection system has been expended;

    (4) All critical features of the flood protection system, as 

identified by the Administrator, are under construction, and each 

critical feature is 50 percent completed as measured by the actual 

expenditure of the estimated construction budget funds; and

    (5) The community has not been responsible for any delay in the 

completion of the system.

    (c) Each request by a community for a determination must be 

submitted in writing to the Risk Studies Division, Office of Risk 

Assessment, Federal Insurance Administration, Federal Emergency 

Management Agency, Washington DC, and contain a complete statement of 

all relevant facts relating to the flood protection system, including, 

but not limited to, supporting technical data (e.g., U.S. Army Corps of 

Engineers flood protection project data), cost schedules, budget 

appropriation data and the extent of Federal funding of the system's 

construction. Such facts shall include information sufficient to 

identify all persons affected by such flood protection system or by such 

request: A full and precise statement of intended purposes of the flood 

protection system; and a carefully detailed description of such project, 

including construction completion target dates. In addition, true copies 

of all contracts, agreements, leases, instruments, and other documents 

involved must be submitted with the request. Relevant facts reflected in 

documents, however, must be included in the statement and not merely 

incorporated by reference, and must be accompanied by an analysis of 

their bearing on the requirements of paragraph (b) of this section, 

specifying the pertinent provisions. The request must contain a 

statement whether, to the best



[[Page 272]]



of the knowledge of the person responsible for preparing the application 

for the community, the flood protection system is currently the subject 

matter of litigation before any Federal, State or local court or 

administrative agency, and the purpose of that litigation. The request 

must also contain a statement as to whether the community has previously 

requested a determination with respect to the same subject matter from 

the Administrator, detailing the disposition of such previous request. 

As documents become part of the file and cannot be returned, the 

original documents should not be submitted.

    (d) The effective date for any risk premium rates established under 

this section shall be the date of final determination by the 

Administrator that adequate progress toward completion of a flood 

protection system has been made in a community.

    (e) A responsible official of a community which received a 

determination that adequate progress has been made towards completion of 

a flood protection system shall certify to the Administrator annually on 

the anniversary date of receipt of such determination that no present 

delay in completion of the system is attributable to local sponsors of 

the system, and that a good faith effort is being made to complete the 

project.

    (f) A community for which risk premium rates have been made 

available under section 1307(e) of the National Flood Insurance Act of 

1968, as amended, shall notify the Administrator if, at any time, all 

progress on the completion of the flood protection system has been 

halted or if the project for the completion of the flood protection 

system has been canceled.



[43 FR 2570, Jan. 17, 1978, Redesignated at 44 FR 31177, May 31, 1979, 

as amended at 47 FR 43061 Sept. 30, 1982; 48 FR 39069, Aug. 29, 1983; 48 

FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 51 FR 30310, Aug. 

25, 1986]