works or other flood control methods. The Secretary may, in his discretion, grant a public hearing to any community with respect to which conflicting data exist as to the nature and extent of a flood hazard. If the Secretary decides not to hold a hearing, the community shall be given an opportunity to submit written and documentary evidence. Whether or not such hearing is granted, the Secretary's final determination as to the existence or extent of a flood hazard area in a particular community shall be deemed conclusive for the purposes of this Act if supported by substantial evidence in the record considered as a whole.

(c) Subsequent notification to additional communities known to be flood-prone areas.

As information becomes available to the Secretary concerning the existence of flood hazards in communities not known to be flood prone at the time of the initial notification provided for by subsection (a) of this section he shall provide similar notifications to the chief executive officers of such additional communities, which shall then be subject to the requirements of subsection (b) of this section. (d) Provisions of section 4106 applicable to flood-prone communities disqualified for flood insurance program.

Formally identified flood-prone communities that do not qualify for the national flood insurance program within one year after such notification or by the date specified in section 4106 of this title, whichever is later, shall thereafter be subject to the provisions of that section relating to flood-prone communities which are not participating in the program. (Pub. L. 93-234, title II, § 201, Dec. 31, 1973, 87 Stat. 982.)

§ 4106. Same; nonparticipation in flood insurance program.

(a) Prohibition of Federal approval of financial assist

ance.

No Federal officer or agency shall approve any financial assistance for acquisition or construction purposes on and after July 1, 1975, for use in any area that has been identified by the Secretary as an area having special flood hazards unless the community in which such area is situated is then participating in the national flood insurance program. (b) Federal regulations against loans by financial institutions.

Each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation prohibit such institutions on and after July 1, 1975, from making, increasing, extending, or renewing any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary as an area having special flood hazards, unless the community in which such area is situated is then participating in the national flood insurance program, except that the prohibition contained in this sentence shall not apply to (1) any loan made to finance the acquisition of a residential dwelling occupied as a residence prior to March 1, 1976, or

one year following identification of the area within which such dwelling is located as an area containing special flood hazards, whichever is later, or made to extend, renew, or increase the financing or refinancing in connection with such a dwelling, (2) any loan, which does not exceed an amount prescribed by the Secretary, to finance the acquisition of a building or structure completed and occupied by a small business concern, as defined by the Secretary, prior to January 1, 1976, (3) any loan or loans, which in the aggregate do not exceed $5,000, to finance improvements to or rehabilitation of a building or structure occupied as a residence prior to January 1, 1976, or (4) any loan or loans, which in the aggregate do not exceed an amount prescribed by the Secretary, to finance nonresidential additions or improvements to be used solely for agricultural purposes on a farm. (Pub. L. 93-234, title II, § 202, Dec. 31, 1973, 87 Stat. 982, amended Pub. L. 94-50, title III, § 303, July 2, 1975, 89 Stat. 256; Pub. L. 94-198, Dec. 3, 1975, 89 Stat. 1116; Pub. L. 94-375, § 14(a), Aug. 3, 1976, 90 Stat. 1075.)

§ 4107. Same; consultation with local officials; scope. In carrying out his responsibilities under the prcvisions of this title and this chapter which relate to notification to and identification of flood-prone areas and the application of criteria for land management and use, including criteria derived from data reflecting new developments that may indicate the desirability of modifying elevations based on previous flood studies, the Secretary shall establish procedures assuring adequate consultation with the appropriate elected officials of general purpose local governments, including but not limited to those local governments whose prior eligibility under the program has been suspended. Such consultation shall include, but not be limited to, fully informing local officials at the commencement of any flood elevation study or investigation undertaken by any agency on behalf of the Secretary concerning the nature and purpose of the study, the areas involved, the manner in which the study is to be undertaken, the general principles to be applied, and the use to be made of the data obtained. The Secretary shall encourage local officials to disseminate information concerning such study widely within the community, so that interested persons will have an opportunity to bring all relevant facts and technical data concerning the local flood hazard to the attention of the agency

during the course of the study. (Pub. L. 93-234, title II, § 206, Dec. 31, 1973, 87 Stat, 983.)

SUBCHAPTER IV. GENERAL PROVISIONS §4121. Definitions.

(a) As used in this chapter

(1) the term "flood" shall have such meaning as may be prescribed in regulations of the Secretary, and may include inundation from rising waters or from the overflow of streams, rivers, or other bodies of water, or from tidal surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or other severe storms or deluge;

(2) the terms "United States" (when used in a geographic sense) and "State" includes the several States, the District of Columbia, the territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands;

(3) the terms "insurance company", "other insurer" and "insurance agent or broker" include any organizations and persons authorized to engage in the insurance business under the laws of any State;

(4) the term "insurance adjustment organization" includes any organizations and persons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer;

(5) the term "person" includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof; and

(6) the term "Secretary" means the Secretary of Housing and Urban Development.

(b) The term "flood" shall also include inundation from mudslides which are proximately caused by accumulations of water on or under the ground; and all of the provisions of this chapter shall apply with respect to such mudslides in the same manner and to the same extent as with respect to floods described in paragraph (1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Secretary may prescribe to achieve (with respect to such mudslides) the purposes of this chapter and the objectives of the program.

(c) The term "flood" shall also include the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, and all of the provisions of this chapter shall apply with respect to such collapse or subsidence in the same manner and to the same extent as with respect to floods described in paragraph (1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Secretary may prescribe to achieve (with respect to such collapse or subsidence) the purposes of this

chapter and the objectives of the program. (As amended Pub. L. 93-234, title I, §§ 107, 108(b), Dec. 31, 1973, 87 Stat. 979, 980.)

AMENDMENTS

1973 Subsec. (b). Pub. L. 93-234, § 107, inserted "proximately" before "caused".

Subsec. (c). Pub. L. 93-234, § 108 (b), added subsec. (c).

§ 4122. Studies of other natural disasters; cooperation and consultation with other departments and agencies.

(a) The Secretary is authorized to undertake such studies as may be necessary for the purpose of determining the extent to which insurance protection against earthquakes or any other natural disaster perils, other than flood, is not available from public or private sources, and the feasibility of such insurance protection being made available.

(b) Studies under this section shall be carried out, to the maximum extent practicable, with the cooperation of other Federal departments and agencies and State and local agencies, and the Secretary is authorized to consult with, receive information from, and enter into any necessary agreements or other arrangements with such other Federal departments and agencies (on a reimbursement basis) and such State and local agencies. (Pub. L. 90-448, title XIII, § 1371, Aug. 1, 1968, 82 Stat. 588.)

§ 4123. Advance payments.

Any payments under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. (Pub. L. 90-448, title XIII, § 1372, Aug. 1, 1968, 82 Stat. 589.)

§ 4124. Applicability of Government Corporation Control Act.

The provisions of the Government Corporation Control Act shall apply to the program authorized under this chapter to the same extent as they apply to wholly owned Government corporations. (Pub. L. 90-448, title XIII, § 1373, Aug. 1, 1968, 82 Stat. 589.)

§ 4125. Finality of certain financial transactions. Notwithstanding the provisions of any other

law

(1) any financial transaction authorized to be carried out under this chapter, and

(2) any payment authorized to be made or to be received in connection with any such financial transaction,

shall be final and conclusive upon all officers of the Government. (Pub. L. 90-448, title XIII, § 1374, Aug. 1, 1968, 82 Stat. 589.)

§ 4126. Administrative expenses.

Any administrative expenses which may be sustained by the Federal Government in carrying out the flood insurance program authorized under this chapter may be paid out of appropriated funds.

(Pub. L. 90-448, title XIII, § 1375, Aug. 1, 1968, 82 Stat. 589.)

§ 4127. Authorization of appropriations; availability.

(a) There are hereby authorized to be appropriated such sums as may from time to time be necessary to carry out this chapter, including sums(1) to cover administrative expenses authorized under section 4126 of this title;

(2) to reimburse the National Flood Insurance Fund established under section 4017 of this title for

(A) premium equalization payments under .section 4054 of this title which have been made from such fund; and

(B) reinsurance claims paid under the excess loss reinsurance coverage provided under section 4055 of this title; and

(3) to make such other payments as may be necessary to carry out the purposes of this chapter.

(b) All such funds shall be available without fiscal year limitation.

(c) There are authorized to be appropriated for

studies under this title not to exceed $100,000,000 for the fiscal year 1977. (Pub. L. 90-448, title XIII, § 1376, Aug. 1, 1968, 82 Stat. 589; amended Pub. L. 94-375, § 14(c), Aug. 3, 1976, 90 Stat. 1075.)

AMENDMENTS

Pub. L. 90-515, Sept. 26, 1968, 82 Stat. 868, provided: "[SEC. 1. SHORT TITLE.] This Act may be cited as the 'National Water Commission Act.'

"SEC. 2. [MEMBERSHIP; COMPENSATION; EXECUTIVE DIRECTOR.] (a) There is established the National Water Commission (hereinafter referred to as the 'Commission').

"(b) The Commission shall be composed of seven members who shall be appointed by the President and serve at his pleasure. No member of the Commission shall, during his period of service on the Commission, hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States.

"(c) The President shall designate a Chairman of the Commission (hereinafter referred to as the 'Chairman') from among its members.

"(d) Members of the Commission may each be compensated at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C., sec. 5703, for persons in the Government service employed intermittently.

"(e) The Commission shall have an Executive Director, who shall be appointed by the Chairman with the approval of the Commission and shall be compensated at the rate determined by the U.S. Civil Service Commissioners. The Executive Director shall have such duties and responsibilities as the Chairman may assign.

"SEC. 3. [DUTIES; REPORTS; TERMINATION.] (a) The Commission shall (1) review present anticipated national water resource problems, making such projections of water requirements as may be necessary and identifying alternative ways of meeting these requirements-giving consideration, among other things, to conservation and more efficient use of existing supplies, increased usability by reduction of pollution, innovations to encourage the highest economic use of water, interbasin transfers, and technological advances including, but not limited to, desalting, weather modification, and waste water purification and reuse; (2) consider economic and social consequences of water resource development, including, for example, the impact of water resource development on regional economic growth, on institutional arrangements, and on esthetic values affecting the quality of life of the Amer

ican people; and (3) advise on such specific water resource matters as may be referred to it by the President and the Water Resources Council.

"(b) The Commission shall consult with the Water Resources Council regarding its studies and shall furnish its proposed reports and recommendations to the Council for review and comment. The Commission shall submit simultaneously to the President and to the United States Congress such interim and final reports as it deems appropriate, and the Council shall submit simultaneously to the President and to the United States Congress its views on the Commission's reports. The President shall transmit the Commission's final report to the Congress together with such comments and recommendations for legislation as he deems appropriate.

"(c) The Commission shali terminate not later than five years from the effective date of this Act [September 26, 1968].

"SEC. 4. [POWERS OF THE COMMISSION.] (a) The Commission may (1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States; (4) without regard to the civil service laws and regulations and without regard to 5 U.S.C., ch. 51, employ and fix the compensation of such personnel as may be necessary to carry out the functions of the Commission; (5) procure services as authorized by 5 U.S.C.. sec. 3109, at rates not to exceed $100 per diem for individuals; (6) purchase, hire, operate, and maintain passenger motor vehicles; (7) enter into contracts or agreements for studies and surveys with public and private organizations and transfer funds to Federal agencies and river basin commissions created pursuant to title II of the Water Resources Planning Act [section 1962b of this title] to carry out such aspects of the Commission's functions as the Commission determines can best be carried out in that manner; and (8) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this title.

"(b) Any member of the Commission is authorized to administer oaths when it is determined by a majority of the Commission that testimony shall be taken or evidence received under oath.

"SEC. 5. POWERs and Duties OF CHAIRMAN.] (a) Subject to general policies adopted by the Commission, the Chairman shall be the chief executive of the Commission and shall exercise its executive and administrative powers as set forth in section 4(a) (2) through section 4(a) (8). "(b) The Chairman may make such provision as he shall deem appropriate authorizing the performance of any of his executive and administrative functions by the Executive Director or other personnel of the Commission. "SEC. 6. [OTHER FEDERAL AGENCIES.] (a) The Commission may, to the extent practicable, utilize the services of the Federal water resource agencies.

"(b) Upon request of the Commission, the head of any Federal department or agency or river basin commisslon created pursuant to title II of the Water Resources Planning Act section 1962b of this title] is authorized (1) to furnish to the Commission, to the extent permitted by law and within the limits of available funds, including funds transferred for that purpose pursuant to section 4(a) (7) of this Act, such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with this

Commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.

"(c) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services: Provided, That the regulations of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C., sec. 5514) shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Administrator for the administrative control of funds (31 U.S.C. 665(g)) shall apply to appropriations of the Commission: And provided further, That the Commission shall not be required to prescribe such regulations.

"SEC. 7. [AUTHORIZATION OF APPROPRIATIONS.] There are hereby authorized to be appropriated not to exceed $5,000,000 to carry out the purposes of this Act."

sources projects. Such investigation and study shall include, but not be limited to, consideration of enhancing regional economic development, the quality of the total environment including its protection and improvement, the well-being of the people of the

300g-1. National drinking water regulations.
(a) Interim primary regulations; publication of
proposed regulations: promulgation; ef-
fective date; amendments.

(b) Recommended maximum contaminant lev-
els and list of contaminants with adverse
effect but of undetermined levels: publi-
cation of proposals in Federal Register
and establishment of recommended levels
and list; revised primary regulations:
publication of proposed regulations in
Federal Register promulgation, require-
ments, "feasible" defined, amendments,
triennial review, effective date, super-
sedure of interim primary regulations.
(c) Secondary regulations; publication of pro-
posed regulations; promulgation; amend-

fic treatment technique; notice to Administrator, reasons for variance; compliance, enforcement; approval or revision of schedules and revocation of variances; review of variances and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting variances or failing to prescribe schedules State corrective action; authority of Administrator in a State without primary enforcement responsibility; alternative treatment techniques. (b) Enforcement of schedule or other require

ment.

(c) Applications for variances; regulations: reasonable time for acting.

(d) "Treatment technique requirement" defined.

300g-5. Exemptions.

(a) Requisite findings. (b) Compliance schedule and implementation of control measures; notice and hearing; dates for compliance with schedule; compliance, enforcement; approval or revision of schedules and revocation of exemptions.

(c) Notice to Administrator; reasons for exemption.

(d) Review of exemptions and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting exemptions or failing to prescribe schedules; State corrective action. (e) "Treatment technique requirement" defined.

(f) Authority of Administrator in a State without primary enforcement responsibility. (g) Applications for exemptions; regulations: reasonable time for acting.