Page:United States Statutes at Large Volume 91.djvu/1180

 91 STAT. 1146

Real property purchases.

Low-interest loans for single-family dwellings.

Regulations.

42 USC 4104. Reimbursement of certain expenses.

Appropriation authorization.

42 USC 4105. Administrative procedures, establishment.

Reimbursement of certain expenses.

PUBLIC LAW 95-128—OCT. 12, 1977

" (3) incurred significant flood damage on not less than three previous occasions over a five-year period of time and on each occasion the cost of repair, on the average, equaled or exceeded 25 per centum of the value of the structure at the time of each flood event or was damaged substantially beyond repair by flood while so covered,"; and (3) by adding at the end thereof the following: " (b) When any real property referred to in paragraph s (1) and (2) of subsection (a) has sustained damage as a result of a single casualty of any nature under such circumstances that a statute, o r d i nance or regulation precludes its repair or restoration or permits repair or restoration only at a significantly increased construction cost, the Secretary may enter into negotiations with the owner of the property or interest therein for the purchase of such property for the uses and purposes of this section. " (c) "Whenever, as a result of damage from any casualty, the repair, reconstruction, or substantial improvement of any single-family dwelling structure located within a regulatory flood way and insured under the flood insurance program is deemed by the Secretary to be made more effective from the standpoint of prudent flood plain management by elevation of the structure so it will not interfere with the flow of water from the base flood within such regulatory floodway, the Secretary is authorized to make a low-interest loan at a rate of interest of 2 per centum per annum, repayable in ten years, to the owner of any such structure for the purpose of so elevating the structure. There is authorized to be appropriated for purposes of implementing this subsection not to exceed $4,500,000. " (d) The Secretary is authorized to issue such regulations as may be necessary to carry out the purposes of this section.". (c) Section 13(>3 of such Act is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: " (f) When, incident to any appeal under subsection (b) or (c), 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 aijpeal which is successful in whole or part, the Secretary 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 Secretary 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 ajjpropriated for purposes of implementing this subsection, not to exceed $250,000.". (d) Section 201 of the Flood Disaster Protection Act of 1973 is amended by adding at the end thereof the following: " (e) The Secretary is authorized to establish administrative procedures whereby the identification under this section of one or more areas in the community as having special flood hazards may be appealed to the Secretary by the community or any owner or lessee of real property within the conmiunity who believes his property has been inadvertently included in a special flood hazard area by the identification. When, incident to any appeal under this subsection, the owner or lessee of real property or the comnmnity, as the case may be, incurs expense in connection with the services of surveyors, engi-

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