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U.S. Code as of:
01/19/04
Section 4104. Flood elevation determinations
(a) Publication or notification of proposed flood elevation
determinations
In establishing projected flood elevations for land use purposes
with respect to any community pursuant to section 4102 of this
title, the Director shall first propose such determinations by
publication for comment in the Federal Register, by direct
notification to the chief executive officer of the community, and
by publication in a prominent local newspaper.
(b) Publication of flood elevation determinations; appeal of owner
or lessee to local government; scientific or technical knowledge
or information as basis for appeal; modification of proposed
determinations
The Director shall publish notification of flood elevation
determinations in a prominent local newspaper at least twice during
the ten-day period following notification to the local government.
During the ninety-day period following the second publication, any
owner or lessee of real property within the community who believes
his property rights to be adversely affected by the Director's
proposed determination may appeal such determination to the local
government. The sole basis for such appeal shall be the possession
of knowledge or information indicating that the elevations being
proposed by the Director with respect to an identified area having
special flood hazards are scientifically or technically incorrect,
and the sole relief which shall be granted under the authority of
this section in the event that such appeal is sustained in
accordance with subsection (e) or (f) of this section is a
modification of the Director's proposed determination accordingly.
(c) Appeals by private persons; submission of negativing or
contradicting data to community; opinion of community respecting
justification for appeal by community; transmission of individual
appeals to Director; filing of community action with Director
Appeals by private persons shall be made to the chief executive
officer of the community, or to such agency as he shall publicly
designate, and shall set forth the data that tend to negate or
contradict the Director's finding in such form as the chief
executive officer may specify. The community shall review and
consolidate all such appeals and issue a written opinion stating
whether the evidence presented is sufficient to justify an appeal
on behalf of such persons by the community in its own name. Whether
or not the community decides to appeal the Director's
determination, copies of individual appeals shall be sent to the
Director as they are received by the community, and the community's
appeal or a copy of its decision not to appeal shall be filed with
the Director not later than ninety days after the date of the
second newspaper publication of the Director's notification.
(d) Administrative review of appeals by private persons;
modification of proposed determinations; decision of Director:
form and distribution
In the event the Director does not receive an appeal from the
community within the ninety days provided, he shall consolidate and
review on their own merits, in accordance with the procedures set
forth in subsection (e) of this section, the appeals filed within
the community by private persons and shall make such modifications
of his proposed determinations as may be appropriate, taking into
account the written opinion, if any, issued by the community in not
supporting such appeals. The Director's decision shall be in
written form, and copies thereof shall be sent both to the chief
executive officer of the community and to each individual
appellant.
(e) Administrative review of appeals by community; agencies for
resolution of conflicting data; availability of flood insurance
pending such resolution; time for determination of Director;
community adoption of local land use and control measures within
reasonable time of final determination; public inspection and
admissibility in evidence of reports and other administrative
information
Upon appeal by any community, as provided by this section, the
Director shall review and take fully into account any technical or
scientific data submitted by the community that tend to negate or
contradict the information upon which his proposed determination is
based. The Director shall resolve such appeal by consultation with
officials of the local government involved, by administrative
hearing, or by submission of the conflicting data to an independent
scientific body or appropriate Federal agency for advice. Until the
conflict in data is resolved, and the Director makes a final
determination on the basis of his findings in the Federal Register,
and so notifies the governing body of the community, flood
insurance previously available within the community shall continue
to be available, and no person shall be denied the right to
purchase such insurance at chargeable rates. The Director shall
make his determination within a reasonable time. The community
shall be given a reasonable time after the Director's final
determination in which to adopt local land use and control measures
consistent with the Director's determination. The reports and other
information used by the Director in making his final determination
shall be made available for public inspection and shall be
admissible in a court of law in the event the community seeks
judicial review as provided by this section.
(f) Reimbursement of certain expenses; appropriation authorization
When, incident to any appeal under subsection (b) or (c) of this
section, the owner or lessee of real property or the community, as
the case may be, incurs expense in connection with the services of
surveyors, engineers, or similar services, but not including legal
services, in the effecting of an appeal which is successful in
whole or part, the Director shall reimburse such individual or
community to an extent measured by the ratio of the successful
portion of the appeal as compared to the entire appeal and applying
such ratio to the reasonable value of all such services, but no
reimbursement shall be made by the Director in respect to any fee
or expense payment, the payment of which was agreed to be
contingent upon the result of the appeal. There is authorized to be
appropriated for purposes of implementing this subsection, not to
exceed $250,000.
(g) Judicial review of final administrative determinations; venue;
time for appeal; scope of review; good cause for stay of final
determinations
Any appellant aggrieved by any final determination of the
Director upon administrative appeal, as provided by this section,
may appeal such determination to the United States district court
for the district within which the community is located not more
than sixty days after receipt of notice of such determination. The
scope of review by the court shall be as provided by chapter 7 of
title 5. During the pendency of any such litigation, all final
determinations of the Director shall be effective for the purposes
of this chapter unless stayed by the court for good cause shown.
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