Publication in Federal Register. Information, availability. 80 Stat. 392. 5 USC 701. 82 Stat. 583. 42 USC 4054. 87 STAT. 982 82 Stat. 587. 42 USC 4101. Public hearing. Notifications to other community offi cers. "(e) Upon appeal by any community, as provided by this section. the Secretary 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 Secretary 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 Secretary makes a final determination on the basis of his findings in the Federal Register, and so notifies the gov erning 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 Secretary shall make his determination within a reasonable time. The community shall be given a reasonable time after the Secretary's final determination in which to adopt local land use and control measures consistent with the Secretary's determination. The reports and other information used by the Secretary 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) Any appellant aggrieved by any final determination of the Secretary 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, United State Code. During the pendency of any such litigation, all final determinations of the Secretary shall be effective for the purposes of this title unless stayed by the court for good cause shown.". FLOOD INSURANCE PREMIUM EQUALIZATION PAYMENTS SEC. 111. Section 1334 of the National Flood Insurance Act of 1968 is amended by striking out subsection (b) and by redesignating subsection "(c)" as subsection "(b)”. TITLE II-DISASTER MITIGATION REQUIREMENTS NOTIFICATION TO FLOOD-PRONE AREAS SEC. 201. (a) Not later than six months following the enactment of this title, the Secretary shall publish information in accordance with subsection 1360 (1) of the National Flood Insurance Act of 1968, and shall notify the chief executive officer of each known flood-prone community not already participating in the national flood insurance program of its tentative identification as a community containing one or more areas having special flood hazards. (b) After such notification, each tentatively identified community shall either (1) promptly make proper application to participate in the national flood insurance program or (2) within six months submit technical data sufficient to establish to the satisfaction of the Secretary that the community either is not seriously flood prone or that such flood hazards as may have existed have been corrected by flood 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) 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) 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 202, whichever is later, Supra. shall thereafter be subject to the provisions of that section relating to flood-prone communities which are not participating in the program. EFFECT OF NONPARTICIPATION IN FLOOD INSURANCE PROGRAM SEC. 202. (a) 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) 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. REPEAL OF DISASTER ASSISTANCE PENALTY SEC. 203. Section 1314 of the National Flood Insurance Act of 1968 Repeal. is repealed. ACCELERATED IDENTIFICATION OF FLOOD-RISK ZONES 82 Stat. 579. 42 USC 4021. 87 STAT. 983 SEC. 204. (a) Section 1360 of the National Flood Insurance Act of 1968 is amended by inserting the designation "(a)" after "SEC. 1360." 82 Stat. 587. and adding at the end thereof the following new subsections: 42 USC 4101. "(b) The Secretary is directed to accelerate the identification of risk zones within flood-prone and mudslide-prone areas, as provided by subsection (a) (2) of this section, in order to make known the degree of hazard within each such zone at the earliest possible date. To accomplish this objective, the Secretary is authorized, without Grants, techregard to sections 3648 and 3709 of the Revised Statutes, as amended nical assist(31 U.S.C. 529 and 41 U.S.C. 5), to make grants, provide technical ance, etc., assistance, and enter into contracts, cooperative agreements, or other authorization. transactions, on such terms as he may deem appropriate, or consent to modifications thereof, and to make advance or progress payments in connection therewith. "(c) The Secretary of Defense (through the Army Corps of Engineers), the Secretary of the Interior (through the United States Geological Survey), the Secretary of Agriculture (through the Soil Conservation Service), the Secretary of Commerce (through the National Oceanic and Atmospheric Administration), the head of the Tennessee Valley Authority, and the heads of all other Federal agencies. engaged in the identification or delineation of flood-risk zones within the several States shall, in consultation with the Secretary, give the highest practicable priority in the allocation of available manpower and other available resources to the identification and mapping of flood hazard areas and flood-risk zones, in order to assist the Secretary to meet the deadline established by this section.". AUTHORITY TO ISSUE REGULATIONS SEC. 205. (a) The Secretary is authorized to issue such regulations as may be necessary to carry out the purpose of this Act. (b) The head of each Federal agency that administers a program of financial assistance relating to the acquisition, construction, reconstruction, repair, or improvement of publicly or privately owned land or facilities, and each Federal instrumentality responsible for the 82 Stat. 572. 42 USC 4001 note. 87 STAT. 984 82 Stat. 113; 86 Stat. 405. 12 USC 1703. supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions, shall, in cooperation with the Secretary, issue appropriate rules and regulations to govern the carrying out of the agency's responsibilities under this Act. CONSULTATION WITH LOCAL OFFICIALS SEC. 206. In carrying out his responsibilities under the provisions of this title and the National Flood Insurance Act of 1968 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. TO PERMIT NATIONAL BANKS TO INVEST IN AGRICULTURAL CREDIT SEC. 207. That paragraph "Seventh" of section 5136 of the Revised Statutes (12 U.S.C. 24) is amended by adding at the end thereof the following: "Notwithstanding any other provision in this paragraph, the association may purchase for its own account shares of stock issued by a corporation organized solely for the purpose of making loans to farmers and ranchers for agricultural purposes, including the breeding, raising, fattening, or marketing of livestock. However, unless the association owns at least 80 per centum of the stock of such agricultural credit corporation the amount invested by the association at any one time in the stock of such corporation shall not exceed 20 per centum of the unimpaired capital and surplus of the association.". FLEXIBLE INTEREST RATE AUTHORITY FOR MOBILE HOME LOANS SEC. 208. Section 3 (a) of the Act entitled "An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes, approved May 7, 1968, as amended (12 U.S.C. 1709-1), is amended by adding at the end thereof the following new sentence: "Notwithstanding the provisions of section 2(b) of the Național Housing Act regarding the maximum interest rate which may be established for obligations with respect to which insurance is granted to financial institutions under section 2 of such Act, the Secretary of Housing and Urban Development is also authorized, until the date specified in the preceding sentence, to set the maximum interest rate for obligations with respect to which insurance is granted under such section, and which represent loans and advances of credit made for the purpose of financing purchases of mobile homes, at such level as he finds necessary to meet the loan market.". Approved December 31, 1973. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-359 (Comm. on Banking and Currency). Urban Affairs). CONGRESSIONAL RECORD, Vol. 119 (1973): Sept. 5, considered and passed House. Dec. 1, considered and passed Senate, amended. amendment; Senate concurred in House amendment. Public Law 93-237 93rd Congress, S. 2482 An Act To amend the Small Business Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, AUTHORIZATION Small Business SECTION 1. Paragraph (4) of section 4 (c) of the Small Business Act 80 Stat. 132; is amended84 Stat. 1468; (1) by striking out "$4,200,000,000" and inserting in leu thereof 86 Stat. 382. "$4,875,000,000"; (2) by striking out "$500,000,000" where it appears in clau e (B) and inserting in lieu thereof "$556,250,000"; (3) by striking out "$500,000,000" where it appears in clause (C) and inserting in lieu thereof "$525,000,000"; and (4) by striking out "$350,000,000" and inserting in lieu thereof "$381,250,000". Any additional amounts authorized by this Act which are not obligated by June 30, 1974, shall no longer be available after that date. LOAN TO MEET REGULATORY STANDARDS 15 USC 633. SEC. 2. (a) Section 7(b) (5) of the Small Business Act is amended to 15 USC 636. read as follows: "(5) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred Lasis) as the Administration may determine to be necessary or appropriate to assist any small business concern in effecting additions to or alterations in its plant, facilities, or methods of operation to meet requirements imposed on such concern pursuant to any Federal law, any State law enacted in conformity therewith, or any regulation or o: der of a duly authorized, Federal, State, regional, or local agency issued in conformity with such Federal law, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this paragraph: Provided, That the maximum loan made to any small business concern under this paragraph shall not exceed the maximum loan which, under rules or regulations prescribed by the Administration, may be 87 STAT. 1023 made to any business enterprise under parag. aph (1) of this sub- 87 STAT. 1024 section; and". (b) (1) Section 7(b) (6) of the Small Business Act is repealed. Repeal. (2) Paragraph (7) of such section 7(b) is redesignated as para-84 Stat. 1618. graph (6). 86 Stat. 555. (c) Section 28 (d) of the Occupational Safety and Health Act of 1970 (Public Law 91-596) is amended by striking out “7(b) (6)" and 84 Stat. 1618. inserting in lieu thereof "7(b) (5)”. 42 USC 3142-1. 86 Stat. 1316. 80 Stat. 132; 86 Stat. 1316. 15 USC 633. Ante, p. 24. 86 Stat. 557. 7 USC 1969. 78 Stat. 7; 83 Stat. 802. 15 JSC 636. 84 Stat. 1618. 87 STAT, 1024 87 STAT. 1025 75 Stat. 666. 15 USC 639. (d) In no case shall the interest rate charged for loans to meet regulatory standards be lower than loans made in connection with physical disasters. CONFORMING TECHNICAL AMENDMENTS SEC. 3. (a) Subsection (g) of section 7 of the Small Business Act, as added by section 3(b) of the Small Business Investment Act Amendments of 1972, is redesignated as subsection (h). (b) Subsection (c) of section 4 of the Small Business Act is amended by striking out "7(g)" each place it appears in paragraphs (1) (B), (2), and (4) and inserting in lieu thereof "7 (h)". AUTHORITY OF SECRETARY OF AGRICULTURE WITH RESPECT TO NATURAL SEC. 4. Notwithstanding the provisions of Public Law 93-24, the Secretary of Agriculture shall continue to exercise his authority with respect to natural disasters which occurred after December 26, 1972, but prior to April 20, 1973, in accordance with the provisions of section 5 of Public Law 92-385 as such section was in effect prior to April 20, 1973. LIVESTOCK LOANS SEC. 5. Section 7(b) (4) of the Small Business Act is amended by inserting before the semicolon at the end thereof the following: ": Provided. That loans under this paragraph include loans to persons who are engaged in the business of raising livestock (including but not limited to cattle, hogs, and poultry), and who suffer substantial economic injury as a result of animal disease". LOANS FOR ADJUSTMENT ASSISTANCE IN BASE CLOSINGS SEC. 6. Section 7(b) of the Small Business Act is amended by adding after paragraph (6) the following new paragraph: "(7) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern in continuing in business at its existing location, in reestablishing its business, in purchasing a new business, or in establishing a new business if the Administration determines that such concern has suffered or will suffer substantial economic injury as the result of the closing by the Federal Government of a major military installation under the jurisdiction of the Department of Defense, or as a result of a severe reduction in the scope and size of operations at a major military installation.". ANNUAL REPORT ON STATE OF SMALL BUSINESS SEC. 7. The first sentence of subsection (a) of section 10 of the Small Business Act and the first word of the second sentence of such subsection are amended to read as follows: "The Administration shall. as soon as practicable each calendar year make a comprehensive annual report to the President, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include a description of the state of small business in the Nation and the several States, and a description of the operations of the Administration under this chapter, including, but not limited to, the general lending, disaster relief, Government regulation relief, procurement and property disposal, research and development, technical assistance, dissemination of data and information, and other functions under the jurisdiction of the Administration during the previous calendar year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary or desirable to implement more effectively congressional policies and proposals, for establishing new or alternative programs. In addition, such". |