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13 Am. Bus. L.J. 315 (1975-1976)
The Flood Disaster Protection Act of 1973

handle is hein.journals/ambuslj13 and id is 333 raw text is: The Flood Disaster Protection Act of 1973 BARRY LEE MYERS* Introduction The latest amendment to the National Flood Insurance Act of 1968,1 known as the Flood Disaster Protection Act of 1973,2 estab- lishes a new vista in federal land use control. It practically man- dates that local or state governments enact significant land use control measures for lands within the 100-year flood plain (land having a one percent chance of being flooded in any given year). Although referred to by the executive and legislative branches as an insurance and disaster protection measure, these provisions in the legislation appear to be ancillary to the land use restrictions. By requiring the payment of discouragingly high flood insurance premiums for new construction in flood areas or for present struc- tures there which are altered, the insurance part of the program bolsters the land use controls. Because the federal government is usually unable to control local matters directly, it attempts to bring about desired local action indirectly by using the power of the purse. In the case of flood plain land uses, the federal attempt to effectuate regulation * Assistant Professor of Business Law, College of Business Administration, The Penn- sylvania State University. The research for this paper was facilitated by a grant from the Center for the Study of Environmental Policy at the Pennsylvania State University. National Flood Insurance Act of 1968, 42 U.S.C. §§4001 et seq. (1968). 2 42 U.S.C. §§ 4001 et seq. as amended (1973).

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