---
kind: "section"
citation: "42 U.S.C. § 4104–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4104–1"
heading: "Scientific Resolution Panel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4104-1"
units:
  - "Chapter 50 — National Flood Insurance"
  - "Subchapter III — Coordination of Flood Insurance with Land-Management Programs in Flood-Prone Areas"
---

# §4104–1. Scientific Resolution Panel

- (a) **Availability—**
  - (1) **In general—** Pursuant to the authority provided under [section 4104(e) of this title](/usc/42/4104.md?p=e), the [Administrator](/usc/42/4003.md?p=a-6) shall make available an independent review panel, to be known as the Scientific Resolution Panel, to any [community](/usc/42/4003.md?p=a-1)—
    - (A) that has—
      - (i) filed a timely map appeal in accordance with [section 4104 of this title](/usc/42/4104.md);
      - (ii) completed 60 days of consultation with the Federal Emergency Management [Agency](/usc/42/8262.md?p=1) on the appeal; and
      - (iii) not allowed more than 120 days, or such longer period as may be provided by the [Administrator](/usc/42/4003.md?p=a-6) by waiver, to pass since the end of the appeal period; or
    - (B) that has received an unsatisfactory ruling under the map revision process established pursuant to [section 4101(f) of this title](/usc/42/4101.md?p=f).
  - (2) **Appeals by owners and lessees—** If a [community](/usc/42/4003.md?p=a-1) and an [owner](/usc/42/13641.md?p=4) or lessee of real property within the [community](/usc/42/4003.md?p=a-1) appeal a proposed determination of a [flood](/usc/42/4121.md?p=a-1) elevation under [section 4104(b) of this title](/usc/42/4104.md?p=b), upon the request of the [community](/usc/42/4003.md?p=a-1)—
    - (A) the [owner](/usc/42/13641.md?p=4) or lessee shall submit scientific and technical data relating to the appeals to the Scientific Resolution Panel; and
    - (B) the Scientific Resolution Panel shall make a determination with respect to the appeals in accordance with [subsection (c)](#c).
  - (3) **Definition—** For purposes of [paragraph (1)(B)](#a-1-B), an “unsatisfactory ruling” means that a [community](/usc/42/4003.md?p=a-1)—
    - (A) received a revised [Flood](/usc/42/4121.md?p=a-1) Insurance Rate Map from the Federal Emergency Management [Agency](/usc/42/8262.md?p=1), via a Letter of Final Determination, after September 30, 2008, and prior to July 6, 2012;
    - (B) has subsequently applied for a Letter of Map Revision or Physical Map Revision with the Federal Emergency Management [Agency](/usc/42/8262.md?p=1); and
    - (C) has received an unfavorable ruling on their request for a map revision.
- (b) **Membership—** The Scientific Resolution Panel made available under [subsection (a)](#a) shall consist of 5 members with expertise that relates to the creation and study of [flood](/usc/42/4121.md?p=a-1) hazard maps and [flood](/usc/42/4121.md?p=a-1) insurance. The Scientific Resolution Panel may include representatives from [Federal agencies](/usc/42/4003.md?p=a-2) not involved in the mapping study in question and from other impartial experts. Employees of the Federal Emergency Management [Agency](/usc/42/8262.md?p=1) may not serve on the Scientific Resolution Panel.
- (c) **Determination—**
  - (1) **In general—** Following deliberations, and not later than 90 days after its formation, the Scientific Resolution Panel shall issue a determination of resolution of the dispute. Such determination shall set forth recommendations for the base [flood](/usc/42/4121.md?p=a-1) elevation determination or the designation of an area having special [flood](/usc/42/4121.md?p=a-1) hazards that shall be reflected in the [Flood](/usc/42/4121.md?p=a-1) Insurance Rate Maps.
  - (2) **Basis—** The determination of the Scientific Resolution Panel shall be based on—
    - (A) data previously provided to the [Administrator](/usc/42/4003.md?p=a-6) by the [community](/usc/42/4003.md?p=a-1), and, in the case of a dispute submitted under [subsection (a)(2)](#a-2), an [owner](/usc/42/13641.md?p=4) or lessee of real property in the [community](/usc/42/4003.md?p=a-1); and
    - (B) data provided by the [Administrator](/usc/42/4003.md?p=a-6).
  - (3) **No alternative determinations permissible—** The Scientific Resolution Panel—
    - (A) shall provide a determination of resolution of a dispute that—
      - (i) is either in favor of the [Administrator](/usc/42/4003.md?p=a-6) or in favor of the [community](/usc/42/4003.md?p=a-1) on each distinct element of the dispute; or
      - (ii) in the case of a dispute submitted under [subsection (a)(2)](#a-2), is in favor of the [Administrator](/usc/42/4003.md?p=a-6), in favor of the [community](/usc/42/4003.md?p=a-1), or in favor of the [owner](/usc/42/13641.md?p=4) or lessee of real property in the [community](/usc/42/4003.md?p=a-1) on each distinct element of the dispute; and
    - (B) may not offer as a resolution any other alternative determination.
  - (4) **Effect of determination—**
    - (A) **Binding—** The recommendations of the Scientific Resolution Panel shall be binding on all appellants and not subject to further judicial review unless the [Administrator](/usc/42/4003.md?p=a-6) determines that implementing the determination of the panel would—
      - (i) pose a significant threat due to failure to identify a substantial risk of special [flood](/usc/42/4121.md?p=a-1) hazards; or
      - (ii) violate applicable law.
    - (B) **Written justification not to enforce—** If the [Administrator](/usc/42/4003.md?p=a-6) elects not to implement the determination of the Scientific Resolution Panel pursuant to [subparagraph (A)](#c-4-A), then not later than 60 days after the issuance of the determination, the [Administrator](/usc/42/4003.md?p=a-6) shall issue a written justification explaining such election.
    - (C) **Appeal of determination not to enforce—** If the [Administrator](/usc/42/4003.md?p=a-6) elects not to implement the determination of the Scientific Resolution Panel pursuant to [subparagraph (A)](#c-4-A), the [community](/usc/42/4003.md?p=a-1) may appeal the determination of the [Administrator](/usc/42/4003.md?p=a-6) as provided for under [section 4104(g) of this title](/usc/42/4104.md?p=g).
- (d) **Maps used for insurance and mandatory purchase requirements—** With respect to any [community](/usc/42/4003.md?p=a-1) that has a dispute that is being considered by the Scientific Resolution Panel formed pursuant to this subsection, the Federal Emergency Management [Agency](/usc/42/8262.md?p=1) shall ensure that for each such [community](/usc/42/4003.md?p=a-1) that—
  - (1) the [Flood](/usc/42/4121.md?p=a-1) Insurance Rate Map described in the most recently issued Letter of Final Determination shall be in force and effect with respect to such [community](/usc/42/4003.md?p=a-1); and
  - (2) [flood](/usc/42/4121.md?p=a-1) insurance shall continue to be made available to the property [owners](/usc/42/13641.md?p=4) and residents of the participating [community](/usc/42/4003.md?p=a-1).

## Source credit

(Pub. L. 90–448, title XIII, § 1363A, as added Pub. L. 112–141, div. F, title II, § 100218(a), July 6, 2012, 126 Stat. 930.)