§ 5165. Mitigation planning

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

(2)Maximum Federal contribution 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)Increased Federal share for hazard mitigation measures

(1)In general 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)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, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1558; amended Pub. L. 115–254, div. D, § 1204(b)(2), Oct. 5, 2018, 132 Stat. 3439.)

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U.S. Code

public-private-law

FAA Reauthorization Act of 2018
Public Law 115-254

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Pub. L. 93–288, title III, § 322
Pub. L. 106–390, title I, § 104(a)
114 Stat. 1558
132 Stat. 3439

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§ 5165

Mitigation planning

Bills×129

Fed. Reg.×41

U.S.C.×11

Stat.×7

Stat. Comp.×6

Pub. L.×4

U.S.C.§ 5170c

U.S.C.§ 5187

Pub. L.Public Law 115-254

U.S.C.§ 5121

Pub. L.Pub. L. 93–288, title III, § 322

Pub. L.Pub. L. 106–390, title I, § 104(a)

Stat.114 Stat. 1558

Stat.132 Stat. 3439

Cites 8Cited by 198 across 6 sources