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Title 42 — The Public Health and Welfare

Part B · Chapter 50 — National Flood Insurance

§ 4072. Adjustment and payment of claims; judicial review; limitations; jurisdiction

Statutory text

In the event the program is carried out as provided in section 4071 of this title, the Administrator shall be authorized to adjust and make payment of any claims for proved and approved losses covered by flood insurance, and upon the disallowance by the Administrator of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim in the United States district court for the district in which the insured property or the major part thereof shall have been situated, and original exclusive jurisdiction is hereby conferred upon such court to hear and determine such action without regard to the amount in the controversy.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Flood Insurance Act of 1968

    Pub. L. 90–448 title XIII § 1341 · 82 Stat. 476

    Enacted · 42 U.S.C. § 4072

    Pub. L. 90–448, title XIII, § 1341, Aug. 1, 1968, 82 Stat. 584

    Source evidence

    Code source credit
    Pub. L. 90–448, title XIII, § 1341, Aug. 1, 1968, 82 Stat. 584

    Enacted provision · exact public law section
    Sec. 1341. adjustment and payment of claims and judicial review In the event the program is carried out as provided in section 1340, the Secretary shall be authorized to adjust and make payment of any claims for proved and approved losses covered by flood insurance, and upon the disallowance by the Secretary of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of disallowance or partial disallowance, by the Secretary, may institute an action against the Secretary on such claim in the United States district court for the district in which the. insured property or the major part thereof shall have, been situated, U.S. district court, jurisdiction. and jurisdiction is hereby conferred upon such court to hear and determine such action without regard to the amount in controversy.

  2. Rural Housing Amendments of 1983

    Pub. L. 98–181 § 451(d)(5) · 97 Stat. 1153

    Inserted · 42 U.S.C. § 4072

    Pub. L. 98–181, § 451(d)(5), inserted “original exclusive” before “jurisdiction”

    Source evidence

    Code amendment note
    Pub. L. 98–181, § 451(d)(5), inserted “original exclusive” before “jurisdiction”.

    Enacted provision · exact public law section
    (5) Section 1341 of such Act is amended by inserting “original 42 USC 4072. exclusive” before “jurisdiction”.

  3. Rural Housing Amendments of 1983

    Pub. L. 98–181 § 451(d)(1) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 4072

    Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (1) The National Flood Insurance Act of 1968 is amended by 42 USC 4001 note. striking out “Secretary” and “Secretary’s” each place they appear therein (other than as a reference to a Secretary other than the Secretary of Housing and Urban Development) and inserting in lieu thereof “Director” and “Director’s”, respectively.

  4. Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 div. F title II § 100238(b)(1) · 126 Stat. 405

    Substituted · 42 U.S.C. § 4072

    Pub. L. 112–141 substituted “Administrator” for “Director” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 112–141 substituted “Administrator” for “Director” wherever appearing.

    Enacted provision · exact public law section
    (1) by striking “Director” each place that term appears and inserting “Administrator”;

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1983–2012 · 2 rounds

2012

Pub. L. 112–141 substituted “Administrator” for “Director” wherever appearing.

1983

Pub. L. 98–181, § 451(d)(5), inserted “original exclusive” before “jurisdiction”.

Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days following , or such later date prescribed by the Secretary but in no event more than 180 days following , see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1968–2012 · 3 acts
  1. 1968Pub. L. 90–448, title XIII, § 1341, , 82 Stat. 584
  2. 1983Pub. L. 98–181, title I [title IV, § 451(d)(1), (5)], , 97 Stat. 1229
  3. 2012Pub. L. 112–141, div. F, title II, § 100238(b)(1), , 126 Stat. 958.
Show as published

(Pub. L. 90–448, title XIII, § 1341, , 82 Stat. 584; Pub. L. 98–181, title I [title IV, § 451(d)(1), (5)], , 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(b)(1), , 126 Stat. 958.)

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