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Appendixes

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A Upton-Jones Amendment PUBLIC LAW 100-242 FEB. 5, 1988 SEC. 544. SCHEDULE FOR PAYMENT OF FLOOD INSURANCE FOR STRUC- TURES ON LAND SUBJECT TO IMMINENT COLLAPSE OR SUBSIDENCE. (a) IN GENERAL. Section 1306 of the National Flood Insurance Act of 1968 is amended by adding at the end the following new subsection: "(c)(l) If any structure covered by a contract for flood insurance under this title and located on land that is along the shore of a lake or other body of water is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, the Director shall (fol- lowing final determination by the Director that the claim is in compliance with regulations developed pursuant to paragraph (6)(A)) pay amounts under such flood insurance contract for proper demolition or relocation as follows: "(A) For proper demolition- "(i) Following final determination by the Director, 40 percent of the value of the structure; and "(ii) Following demolition of the structure (including any septic containment system) prior to collapse, the remaining 60 percent of the value of the structure and 10 percent of the value of the structure, or the actual cost of demolition, whichever amount is less. "(B) For proper relocation (including removal of any septic containment system) if the owner chooses to relocate the structure See page 50 for recent change of status of this legislation. 145

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146 APPENDIX A "(i) following final determination by the Director, prior to collapse, up to 40 percent of the value of the structure; "(ii) the total payment under this subparagraph shall not exceed the actual cost of relocation. "(2) If any structure subject to a final determination under para- graph (1) collapses or subsides before the owner demolishes or relocates the structure and the Director determines that the owner has failed to take reasonable and prudent action to demolish or relocate the structure, the Director shall not pay more than the amount provided in subparagraph (A)(i) with respect to the structure. "(3) For purposes of paying flood insurance pursuant to this subsection, the value of a structure shall be whichever of the following is lowest: "(A) The fair market value of a comparable structure that is not subject to imminent collapse or subsidence. "(B) The price paid for the structure and any improvement to the structure, as adjusted for inflation in accordance with an index determined by the Director to be appropriate. "(C) The value of the structure under the flood insurance contract issued pursuant to this title. "(4)(A) The provisions of this subsection shall apply to contracts for flood insurance under this title that are in effect on, or entered into after, the date of the enactment of the Housing and Community Development Act of 1987. "(B) The provisions of this subsection shall not apply to any structure not subject to a contract for flood insurance under this title on the date of a certification under paragraph (1). "(C) The provisions of this subsection shall not apply to any structure unless the structure is covered by a contract for flood insurance under this title- "(i) on or before June 1, 1988 "(ii) for a period of 2 years prior to certification under para- graph (1); or "(iii) for the term of ownership if less than 2 years. "(D) The provisions of this subsection shall not apply to any structure located in the area west of the groin field on the barrier island from Moriches Inlet to Shinnecock Inlet on the southern shore of Long Island of Suffolk County, New York. "(5) For any parcel of land on which a structure is subject to a final determination under paragraph (1), no subsequent flood insur- ance coverage under this title or assistance under the Disaster Relief Act of 1974 (except emergency assistance essential to save lives and protect property, public health and safety) shall be avail- able for- "(A) any structure consisting of one to four dwelling units which is constructed or relocated at a point seaward of the 30- year erosion setback, or "(B) any other structure which is constructed or relocated at a point seaward of the 60-year erosion setback. "(6)(A) The Director shall promulgate regulations and guidelines to implement the provisions of this subsection. "(B) Prior to issuance of regulations regarding the State and local

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APPENDIX A certifications pursuant to paragraph (1), all provisions of this sum section shall apply to any structure which is determined by the Director- "(i) to otherwise meet the requirements of this subsection; and "(ii) to have been condemned by a State or local authority and to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. "(7) No payments under this subsection may be made after September 30, 1989, except pursuant to a commitment made on or before such date.". (b) EFFECTIVE DATE. The amendment made by this section shall become effective on the date of the enactment of this Act. 147