§5165 — Title 42 The Public Health and Welfare | U.S. Code

Summary

States, local, and tribal governments must create and send a hazard mitigation plan to the President to get a bigger federal share for mitigation projects. Local and tribal plans must say what hazards and risks exist, list actions to reduce them, and set a clear plan to carry out those actions. State planning must find hazards across the state, help and give technical support to local and tribal governments, and pick and rank mitigation actions the state will back when money is available. Federal mitigation funds can pay to make or update these plans, but a government can use no more than 7 percent of the funds available to it on a date it chooses. If a state has an approved plan when a major disaster is declared, the President may raise the federal share to 20 percent for that disaster. When deciding, the President will look for state rules on eligibility for projects (like property buyouts), cost‑effectiveness rules, a priority system tied to eligibility, and a way to check whether a completed mitigation action worked.

Title 42, §5165

The Public Health and Welfare — Source: USLM XML via OLRC

(a)As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under the jurisdiction of the government.

(b)Each mitigation plan developed by a local or tribal government shall—

(1)describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and

(2)establish a strategy to implement those actions.

(c)The State process of development of a mitigation plan under this section shall—

(1)identify the natural hazards, risks, and vulnerabilities of areas in the State;

(2)support development of local mitigation plans;

(3)provide for technical assistance to local and tribal governments for mitigation planning; and

(4)identify and prioritize mitigation actions that the State will support, as resources become available.

(d)(1)Federal contributions under section 5170c of this title may be used to fund the development and updating of mitigation plans under this section.

(2)With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under section 5170c of this title not to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.

(e)(1)If, at the time of the declaration of a major disaster or event under section 5187 of this title, a State has in effect an approved mitigation plan under this section, the President may increase to 20 percent, with respect to the major disaster or event under section 5187 of this title, the maximum percentage specified in the last sentence of section 5170c(a) of this title.

(2)In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established—

(A)eligibility criteria for property acquisition and other types of mitigation measures;

(B)requirements for cost effectiveness that are related to the eligibility criteria;

(C)a system of priorities that is related to the eligibility criteria; and

(D)a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (e)(1). Pub. L. 115–254 inserted “or event under section 5187 of this title” after “major disaster” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

§5165 Mitigation planning