42 U.S.C. § 5165 | Mitigation planning

(a)

Requirement of mitigation plan

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)

Local and tribal plans

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)

State plans

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)

Funding

(1)

In general

section 5170c of this titleFederal contributions under may be used to fund the development and updating of mitigation plans under this section.

(2)

Maximum Federal contribution

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

(e)

Increased Federal share for hazard mitigation measures

(1)

In general

section 5187 of this title section 5187 of this title section 5170c(a) of this titleIf, at the time of the declaration of a major disaster or event under , 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 , the maximum percentage specified in the last sentence of .

(2)

Factors for consideration

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.

Pub. L. 93–288, title III, § 322 Pub. L. 106–390, title I, § 104(a)Oct. 30, 2000114 Stat. 1558 Pub. L. 115–254, div. D, § 1204(b)(2)Oct. 5, 2018132 Stat. 3439(, as added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 115–254 section 5187 of this title2018—Subsec. (e)(1). inserted “or event under ” after “major disaster” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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