SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES.
(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following:
‘‘SEC. 322. 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.—Federal contributions under section 404 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 404 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, 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, the maximum percentage specified in the last sentence of section 404(a). ‘‘(2) FACTORS FOR CONSIDERATION.—In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established— President.
42 USC 5165.
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‘‘(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.
‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES. ‘‘(a) IN GENERAL.—As a condition of receipt of a disaster loan or grant under this Act—
‘‘(1) the recipient shall carry out any repair or construction to be financed with the loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards; and ‘‘(2) the President may require safe land use and construction practices, after adequate consultation with appropriate State and local government officials.
‘‘(b) EVIDENCE OF COMPLIANCE.—A recipient of a disaster loan or grant under this Act shall provide such evidence of compliance with this section as the President may require by regulation.’’. (b) LOSSES FROM STRAIGHT LINE WINDS.—The President shall increase the maximum percentage specified in the last sentence of section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) from 15 percent to 20 percent with respect to any major disaster that is in the State of Minnesota and for which assistance is being provided as of the date of the enactment of this Act, except that additional assistance provided under this subsection shall not exceed $6,000,000. The mitigation measures assisted under this subsection shall be related to losses in the State of Minnesota from straight line winds.
(c) CONFORMING AMENDMENTS.—
(1) Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is
amended—
(A) in the second sentence, by striking ‘‘section 409’’ and inserting ‘‘section 322’’; and
(B) in the third sentence, by striking ‘‘The total’’ and inserting ‘‘Subject to section 322, the total’’.
(2) Section 409 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5176) is repealed.
TITLE II—STREAMLINING AND COST
REDUCTION
SEC. 201. TECHNICAL AMENDMENTS.
Section 311 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5154) is amended in subsections (a)(1), (b), and (c) by striking ‘‘section 803 of the Public Works and Economic Development Act of 1965’’ each place it appears President.
42 USC 5165a.
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and inserting ‘‘section 209(c)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2))’’.
SEC. 202. MANAGEMENT COSTS.
(a) IN GENERAL.—Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 104(a)) is amended by adding at the end the following:
‘‘SEC. 324. MANAGEMENT COSTS.
‘‘(a) DEFINITION OF MANAGEMENT COST.—In this section, the term ‘management cost’ includes any indirect cost, any administrative expense, and any other expense not directly chargeable to a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.
‘‘(b) ESTABLISHMENT OF MANAGEMENT COST RATES.—Notwithstanding any other provision of law (including any administrative rule or guidance), the President shall by regulation establish management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this Act for management costs.
‘‘(c) REVIEW.—The President shall review the management cost rates established under subsection (b) not later than 3 years after the date of establishment of the rates and periodically thereafter.’’. (b) APPLICABILITY.—
(1) IN GENERAL.—Subject to paragraph (2), subsections (a) and (b) of section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by subsection (a)) shall apply to major disasters declared under that Act on or after the date of the enactment of this Act.
(2) INTERIM AUTHORITY.—Until the date on which the President establishes the management cost rates under section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by subsection (a)), section 406(f ) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(f )) (as in effect on the day before the date of the enactment of this Act) shall be used to establish management cost rates.
SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS.
Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by section 202(a)) is amended by adding at the end the following:
‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIREMENTS. ‘‘(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODIFIED POLICIES.— ‘‘(1) IN GENERAL.—The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that—
‘‘(A) governs implementation of the public assistance
program administered by the Federal Emergency Management Agency under this Act; and ‘‘(B) could result in a significant reduction of assistance under the program.
President.
42 USC 5165c.
42 USC 5165b
note.
Deadline.
Regulations.
42 USC 5165b.
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‘‘(2) APPLICATION.—Any policy adopted under paragraph
(1) shall apply only to a major disaster or emergency declared on or after the date on which the policy is adopted.
‘‘(b) CONSULTATION CONCERNING INTERIM POLICIES.—
‘‘(1) IN GENERAL.—Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this Act, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy, if the interim policy is likely—
‘‘(A) to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency; or
‘‘(B) to change the terms of a written agreement to
which the Federal Government is a party concerning the
declaration of the major disaster or emergency.
‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing in this subsection confers a legal right of action on any party. ‘‘(c) PUBLIC ACCESS.—The President shall promote public access to policies governing the implementation of the public assistance program.’’.
SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT PROGRAM.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following:
‘‘(c) PROGRAM ADMINISTRATION BY STATES.—
‘‘(1) IN GENERAL.—A State desiring to administer the
hazard mitigation grant program established by this section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the authority to administer the program.
‘‘(2) CRITERIA.—The President, in consultation and
coordination with States and local governments, shall establish criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum— ‘‘(A) the demonstrated ability of the State to manage
the grant program under this section;
‘‘(B) there being in effect an approved mitigation plan under section 322; and
‘‘(C) a demonstrated commitment to mitigation activities. ‘‘(3) APPROVAL.—The President shall approve an application submitted under paragraph (1) that meets the criteria established under paragraph (2). ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after approving an
application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard mitigation grant program established by this section in a manner satisfactory to the President, the President shall withdraw the approval. ‘‘(5) AUDITS.—The President shall provide for periodic
audits of the hazard mitigation grant programs administered by States under this subsection.’’.
President.
President.
President.
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SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE DAMAGED FACILITIES.
(a) CONTRIBUTIONS.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (a) and inserting the following:
‘‘(a) CONTRIBUTIONS.—
‘‘(1) IN GENERAL.—The President may make contributions— ‘‘(A) to a State or local government for the repair,
restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and
for associated expenses incurred by the government; and ‘‘(B) subject to paragraph (3), to a person that owns
or operates a private nonprofit facility damaged or
destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person. ‘‘(2) ASSOCIATED EXPENSES.—For the purposes of this section, associated expenses shall include— ‘‘(A) the costs of mobilizing and employing the National Guard for performance of eligible work;
‘‘(B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and
lodging; and
‘‘(C) base and overtime wages for the employees and
extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster.
‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT
FACILITIES.—
‘‘(A) IN GENERAL.—The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if—
‘‘(i) the facility provides critical services (as defined by the President) in the event of a major disaster;
or
‘‘(ii) the owner or operator of the facility—
‘‘(I) has applied for a disaster loan under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and
‘‘(II)(aa) has been determined to be ineligible
for such a loan; or
‘‘(bb) has obtained such a loan in the maximum
amount for which the Small Business Administration determines the facility is eligible. ‘‘(B) DEFINITION OF CRITICAL SERVICES.—In this paragraph, the term ‘critical services’ includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications, and emergency medical care.
‘‘(4) NOTIFICATION TO CONGRESS.—Before making any contribution under this section in an amount greater than $20,000,000, the President shall notify—
‘‘(A) the Committee on Environment and Public Works
of the Senate;
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‘‘(B) the Committee on Transportation and Infrastructure of the House of Representatives; ‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.’’.
(b) FEDERAL SHARE.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (b) and inserting the following:
‘‘(b) FEDERAL SHARE.—
‘‘(1) MINIMUM FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair, restoration, reconstruction, or replacement carried out under this section.
‘‘(2) REDUCED FEDERAL SHARE.—The President shall
promulgate regulations to reduce the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster— ‘‘(A) that has been damaged, on more than one occasion
within the preceding 10-year period, by the same type
of event; and
‘‘(B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that caused the damage to the facility.’’.
(c) LARGE IN-LIEU CONTRIBUTIONS.—Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (c) and inserting the following:
‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.—
‘‘(1) FOR PUBLIC FACILITIES.—
‘‘(A) IN GENERAL.—In any case in which a State or
local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
‘‘(B) AREAS WITH UNSTABLE SOIL.—In any case in which
a State or local government determines that the public
welfare would not best be served by repairing, restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government because soil instability in the disaster area makes repair, restoration, reconstruction, or replacement infeasible, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A), a contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
‘‘(C) USE OF FUNDS.—Funds contributed to a State
or local government under this paragraph may be used—
President.
Regulations.
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‘‘(i) to repair, restore, or expand other selected
public facilities;
‘‘(ii) to construct new facilities; or
‘‘(iii) to fund hazard mitigation measures that the
State or local government determines to be necessary
to meet a need for governmental services and functions
in the area affected by the major disaster.
‘‘(D) LIMITATIONS.—Funds made available to a State
or local government under this paragraph may not be used for—
‘‘(i) any public facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code
of Federal Regulations (or a successor regulation)); or ‘‘(ii) any uninsured public facility located in a special flood hazard area identified by the Director of the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.).
‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.—
‘‘(A) IN GENERAL.—In any case in which a person that
owns or operates a private nonprofit facility determines that the public welfare would not best be served by
repairing, restoring, reconstructing, or replacing the
facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B), a contribution in an amount equal to 75 percent of the Federal share of the
Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.
‘‘(B) USE OF FUNDS.—Funds contributed to a person
under this paragraph may be used—
‘‘(i) to repair, restore, or expand other selected
private nonprofit facilities owned or operated by the
person;
‘‘(ii) to construct new private nonprofit facilities
to be owned or operated by the person; or
‘‘(iii) to fund hazard mitigation measures that the
person determines to be necessary to meet a need
for the person’s services and functions in the area
affected by the major disaster.
‘‘(C) LIMITATIONS.—Funds made available to a person
under this paragraph may not be used for—
‘‘(i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or ‘‘(ii) any uninsured private nonprofit facility
located in a special flood hazard area identified by
the Director of the Federal Emergency Management
Agency under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).’’.
(d) ELIGIBLE COST.—
(1) IN GENERAL.—Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (e) and inserting the following:
‘‘(e) ELIGIBLE COST.—
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‘‘(1) DETERMINATION.— ‘‘(A) IN GENERAL.—For the purposes of this section, the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility—
‘‘(i) on the basis of the design of the facility as
the facility existed immediately before the major disaster; and ‘‘(ii) in conformity with codes, specifications, and
standards (including floodplain management and
hazard mitigation criteria required by the President
or under the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.)) applicable at the time at which the
disaster occurred.
‘‘(B) COST ESTIMATION PROCEDURES.—
‘‘(i) IN GENERAL.—Subject to paragraph (2), the
President shall use the cost estimation procedures
established under paragraph (3) to determine the
eligible cost under this subsection.
‘‘(ii) APPLICABILITY.—The procedures specified in
this paragraph and paragraph (2) shall apply only
to projects the eligible cost of which is equal to or
greater than the amount specified in section 422.
‘‘(2) MODIFICATION OF ELIGIBLE COST.—
‘‘(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE
OF ESTIMATED COST.—In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph (3) of the cost estimated under paragraph (1), the President may determine that the
eligible cost includes a portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph (1).
‘‘(B) ACTUAL COST LESS THAN ESTIMATED COST.—
‘‘(i) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE OF ESTIMATED COST.—In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than 100 percent of the cost estimated under paragraph (1),
but is greater than or equal to the floor percentage
established under paragraph (3) of the cost estimated
under paragraph (1), the State or local government
or person receiving funds under this section shall use
the excess funds to carry out cost-effective activities that reduce the risk of future damage, hardship, or
suffering from a major disaster.
‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED
COST.—In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a
facility under this section is less than the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section shall reimburse the President in the amount of the
difference.
‘‘(C) NO EFFECT ON APPEALS PROCESS.—Nothing in this
paragraph affects any right of appeal under section 423.
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‘‘(3) EXPERT PANEL.— ‘‘(A) ESTABLISHMENT.—Not later than 18 months after the date of the enactment of this paragraph, the President, acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel, which shall include representatives from the construction industry and State and local government.
‘‘(B) DUTIES.—The expert panel shall develop recommendations concerning— ‘‘(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility consistent with industry practices; and ‘‘(ii) the ceiling and floor percentages referred to
in paragraph (2).
‘‘(C) REGULATIONS.—Taking into account the recommendations of the expert panel under subparagraph (B), the President shall promulgate regulations that
establish—
‘‘(i) cost estimation procedures described in
subparagraph (B)(i); and
‘‘(ii) the ceiling and floor percentages referred to
in paragraph (2).
‘‘(D) REVIEW BY PRESIDENT.—Not later than 2 years
after the date of promulgation of regulations under
subparagraph (C) and periodically thereafter, the President shall review the cost estimation procedures and the ceiling and floor percentages established under this paragraph. ‘‘(E) REPORT TO CONGRESS.—Not later than 1 year after
the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each 2-year period thereafter, the expert panel shall submit to Congress a report on the appropriateness of the cost estimation procedures.
‘‘(4) SPECIAL RULE.—In any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construction on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those costs that, under the contract for the construction, are the owner’s responsibility and not the contractor’s responsibility.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph
(1) takes effect on the date of the enactment of this Act and applies to funds appropriated after the date of the enactment of this Act, except that paragraph (1) of section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by paragraph (1)) takes effect on the date on which the cost estimation procedures established under paragraph (3) of that section take effect. (e) CONFORMING AMENDMENT.—Section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by striking subsection (f ).
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. (a) IN GENERAL.—Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended to read as follows:
42 USC 5172
note.
Deadline.
Deadline.
President.
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‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. ‘‘(a) IN GENERAL.—
‘‘(1) PROVISION OF ASSISTANCE.—In accordance with this
section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means.
‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.—Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency. ‘‘(b) HOUSING ASSISTANCE.—
‘‘(1) ELIGIBILITY.—The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable as a result of damage caused by a major disaster.
‘‘(2) DETERMINATION OF APPROPRIATE TYPES OF ASSISTANCE.— ‘‘(A) IN GENERAL.—The President shall determine
appropriate types of housing assistance to be provided
under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate. ‘‘(B) MULTIPLE TYPES OF ASSISTANCE.—One or more
types of housing assistance may be made available under this section, based on the suitability and availability of the types of assistance, to meet the needs of individuals and households in the particular disaster situation.
‘‘(c) TYPES OF HOUSING ASSISTANCE.—
‘‘(1) TEMPORARY HOUSING.—
‘‘(A) FINANCIAL ASSISTANCE.—
‘‘(i) IN GENERAL.—The President may provide
financial assistance to individuals or households to
rent alternate housing accommodations, existing rental
units, manufactured housing, recreational vehicles, or
other readily fabricated dwellings.
‘‘(ii) AMOUNT.—The amount of assistance under
clause (i) shall be based on the fair market rent for
the accommodation provided plus the cost of any
transportation, utility hookups, or unit installation not provided directly by the President.
‘‘(B) DIRECT ASSISTANCE.—
‘‘(i) IN GENERAL.—The President may provide temporary housing units, acquired by purchase or lease, directly to individuals or households who, because of
a lack of available housing resources, would be unable
President.
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to make use of the assistance provided under subparagraph (A). ‘‘(ii) PERIOD OF ASSISTANCE.—The President may
not provide direct assistance under clause (i) with
respect to a major disaster after the end of the 18-
month period beginning on the date of the declaration
of the major disaster by the President, except that
the President may extend that period if the President
determines that due to extraordinary circumstances
an extension would be in the public interest.
‘‘(iii) COLLECTION OF RENTAL CHARGES.—After the
end of the 18-month period referred to in clause (ii),
the President may charge fair market rent for each
temporary housing unit provided.
‘‘(2) REPAIRS.—
‘‘(A) IN GENERAL.—The President may provide financial
assistance for—
‘‘(i) the repair of owner-occupied private residences,
utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a safe and sanitary living or functioning condition;
and
‘‘(ii) eligible hazard mitigation measures that
reduce the likelihood of future damage to such residences, utilities, or infrastructure. ‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE.—A recipient
of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds.
‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.—The amount
of assistance provided to a household under this paragraph shall not exceed $5,000, as adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ‘‘(3) REPLACEMENT.—
‘‘(A) IN GENERAL.—The President may provide financial
assistance for the replacement of owner-occupied private residences damaged by a major disaster.
‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.—The amount
of assistance provided to a household under this paragraph shall not exceed $10,000, as adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ‘‘(C) APPLICABILITY OF FLOOD INSURANCE REQUIREMENT.—With respect to assistance provided under this paragraph, the President may not waive any provision
of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance. ‘‘(4) PERMANENT HOUSING CONSTRUCTION.—The President
may provide financial assistance or direct assistance to individuals or households to construct permanent housing in insular areas outside the continental United States and in other remote locations in cases in which—
‘‘(A) no alternative housing resources are available;
and
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‘‘(B) the types of temporary housing assistance
described in paragraph (1) are unavailable, infeasible, or not cost-effective.
‘‘(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSISTANCE.— ‘‘(1) SITES.—
‘‘(A) IN GENERAL.—Any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that—
‘‘(i) is complete with utilities; and
‘‘(ii) is provided by the State or local government,
by the owner of the site, or by the occupant who
was displaced by the major disaster.
‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A readily
fabricated dwelling may be located on a site provided by the President if the President determines that such a site would be more economical or accessible.
‘‘(2) DISPOSAL OF UNITS.—
‘‘(A) SALE TO OCCUPANTS.—
‘‘(i) IN GENERAL.—Notwithstanding any other
provision of law, a temporary housing unit purchased
under this section by the President for the purpose
of housing disaster victims may be sold directly to
the individual or household who is occupying the unit
if the individual or household lacks permanent housing. ‘‘(ii) SALE PRICE.—A sale of a temporary housing
unit under clause (i) shall be at a price that is fair
and equitable.
‘‘(iii) DEPOSIT OF PROCEEDS.—Notwithstanding any
other provision of law, the proceeds of a sale under
clause (i) shall be deposited in the appropriate Disaster Relief Fund account.
‘‘(iv) HAZARD AND FLOOD INSURANCE.—A sale of
a temporary housing unit under clause (i) shall be
made on the condition that the individual or household
purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit. ‘‘(v) USE OF GSA SERVICES.—The President may
use the services of the General Services Administration to accomplish a sale under clause (i).
‘‘(B) OTHER METHODS OF DISPOSAL.—If not disposed
of under subparagraph (A), a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims—
‘‘(i) may be sold to any person; or
‘‘(ii) may be sold, transferred, donated, or otherwise
made available directly to a State or other governmental entity or to a voluntary organization for the sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as a
condition of the sale, transfer, or donation, the State, other governmental agency, or voluntary organization
agrees—
‘‘(I) to comply with the nondiscrimination
provisions of section 308; and
‘‘(II) to obtain and maintain hazard and flood
insurance on the housing unit.
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‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.— ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EXPENSES.—The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, and funeral expenses. ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, AND OTHER
EXPENSES.—The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household described in paragraph (1) to address personal property, transportation, and other necessary expenses or serious needs resulting from the major disaster. ‘‘(f ) STATE ROLE.—
‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
‘‘(A) GRANT TO STATE.—Subject to subsection (g), a
Governor may request a grant from the President to provide financial assistance to individuals and households in the State under subsection (e).
‘‘(B) ADMINISTRATIVE COSTS.—A State that receives a
grant under subparagraph (A) may expend not more than
5 percent of the amount of the grant for the administrative costs of providing financial assistance to individuals and households in the State under subsection (e).
‘‘(2) ACCESS TO RECORDS.—In providing assistance to
individuals and households under this section, the President shall provide for the substantial and ongoing involvement of the States in which the individuals and households are located, including by providing to the States access to the electronic records of individuals and households receiving assistance under this section in order for the States to make available any additional State and local assistance to the individuals and households.
‘‘(g) COST SHARING.—
‘‘(1) FEDERAL SHARE.—Except as provided in paragraph
(2), the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent. ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.—
In the case of financial assistance provided under subsection (e)—
‘‘(A) the Federal share shall be 75 percent; and
‘‘(B) the non-Federal share shall be paid from funds
made available by the State.
‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.—
‘‘(1) IN GENERAL.—No individual or household shall receive financial assistance greater than $25,000 under this section with respect to a single major disaster.
‘‘(2) ADJUSTMENT OF LIMIT.—The limit established under
paragraph (1) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ‘‘(i) RULES AND REGULATIONS.—The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining eligibility for assistance.’’. (b) CONFORMING AMENDMENT.—Section 502(a)(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by striking ‘‘temporary housing’’.
President.
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(c) ELIMINATION OF INDIVIDUAL AND FAMILY GRANT PROGRAMS.—Section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178) is repealed.
(d) EFFECTIVE DATE.—The amendments made by this section take effect 18 months after the date of the enactment of this Act.
SEC. 207. COMMUNITY DISASTER LOANS.
Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is amended— (1) by striking ‘‘(a) The President’’ and inserting the following:
‘‘(a) IN GENERAL.—The President’’;
(2) by striking ‘‘The amount’’ and inserting the following:
‘‘(b) AMOUNT.—The amount’’;
(3) by striking ‘‘Repayment’’ and inserting the following:
‘‘(c) REPAYMENT.—
‘‘(1) CANCELLATION.—Repayment’’;
(4) by striking ‘‘(b) Any loans’’ and inserting the following:
‘‘(d) EFFECT ON OTHER ASSISTANCE.—Any loans’’;
(5) in subsection (b) (as designated by paragraph (2))— (A) by striking ‘‘and shall’’ and inserting ‘‘shall’’; and (B) by inserting before the period at the end the following: ‘‘, and shall not exceed $5,000,000’’; and (6) in subsection (c) (as designated by paragraph (3)), by adding at the end the following:
‘‘(2) CONDITION ON CONTINUING ELIGIBILITY.—A local
government shall not be eligible for further assistance under this section during any period in which the local government is in arrears with respect to a required repayment of a loan under this section.’’.
SEC. 208. REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE.
Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including—
(1) identification of any administrative or financial benefits of the initiative; and
(2) recommendations concerning the conditions, if any,
under which States should be allowed the option to administer parts of the assistance program under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172).
SEC. 209. STUDY REGARDING COST REDUCTION.
Not later than 3 years after the date of the enactment of this Act, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act.
Deadline.
42 USC 5121
note.
Deadline.
42 USC 5121
note.
42 USC 5174
note.
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TITLE III—MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.
The first section of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 note) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’.’’.
SEC. 302. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended— (1) in each of paragraphs (3) and (4), by striking ‘‘the Northern’’ and all that follows through ‘‘Pacific Islands’’ and inserting ‘‘and the Commonwealth of the Northern Mariana Islands’’;
(2) by striking paragraph (6) and inserting the following:
‘‘(6) LOCAL GOVERNMENT.—The term ‘local government’
means—
‘‘(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; ‘‘(B) an Indian tribe or authorized tribal organization, or Alaska Native village or organization; and
‘‘(C) a rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State.’’; and
(3) in paragraph (9), by inserting ‘‘irrigation,’’ after ‘‘utility,’’.
SEC. 303. FIRE MANAGEMENT ASSISTANCE.
(a) IN GENERAL.—Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended to read as follows:
‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE.
‘‘(a) IN GENERAL.—The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster. ‘‘(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF FORESTRY.—In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry. ‘‘(c) ESSENTIAL ASSISTANCE.—In providing assistance under this section, the President may use the authority provided under section 403.
President.
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‘‘(d) RULES AND REGULATIONS.—The President shall prescribe such rules and regulations as are necessary to carry out this section.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) takes effect 1 year after the date of the enactment of this Act.
SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.
Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding at the end the following:
‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
‘‘(a) STATUTE OF LIMITATIONS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), no administrative action to recover any payment made to a State or local government for disaster or emergency assistance under this Act shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency.
‘‘(2) FRAUD EXCEPTION.—The limitation under paragraph
(1) shall apply unless there is evidence of civil or criminal fraud.
‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.— ‘‘(1) IN GENERAL.—In any dispute arising under this section after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency, there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities.
‘‘(2) AFFIRMATIVE EVIDENCE.—The presumption described
in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph. ‘‘(3) INABILITY TO PRODUCE DOCUMENTATION.—The inability of the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report shall not constitute evidence to rebut the presumption described in paragraph (1).
‘‘(4) RIGHT OF ACCESS.—The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph (3), but shall last as long as the records are maintained.
‘‘(c) BINDING NATURE OF GRANT REQUIREMENTS.—A State or
local government shall not be liable for reimbursement or any other penalty for any payment made under this Act if—
‘‘(1) the payment was authorized by an approved agreement specifying the costs;
‘‘(2) the costs were reasonable; and
‘‘(3) the purpose of the grant was accomplished.’’.
SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR CERTAIN FEDERAL AND STATE EMPLOYEES.
(a) IN GENERAL.—Section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by striking paragraph (7) and inserting the following:
‘‘(7) ‘public safety officer’ means—
42 USC 5205.
42 USC 5187
note.
President.
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‘‘(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew;
‘‘(B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency in an area, if those official duties—
‘‘(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
and
‘‘(ii) are determined by the Director of the Federal
Emergency Management Agency to be hazardous
duties; or
‘‘(C) an employee of a State, local, or tribal emergency management or civil defense agency who is performing
official duties in cooperation with the Federal Emergency Management Agency in an area, if those official duties— ‘‘(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
and
‘‘(ii) are determined by the head of the agency
to be hazardous duties.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies only to employees described in subparagraphs (B) and (C) of section 1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (as amended by subsection (a)) who are injured or who die in the line of duty on or after the date of the enactment of this Act.
SEC. 306. BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No funds authorized to be appropriated under this Act or any amendment made by this Act may be expended by an entity unless the entity, in expending the funds, complies with the Buy American Act (41 U.S.C. 10a et seq.).
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE
OF ‘‘MADE IN AMERICA’’ LABELS.—
(1) IN GENERAL.—If the Director of the Federal Emergency Management Agency determines that a person has been convicted of intentionally affixing a label bearing a ‘‘Made in America’’ inscription to any product sold in or shipped to the United States that is not made in America, the Director shall determine, not later than 90 days after determining that the person has been so convicted, whether the person should be debarred from contracting under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) DEFINITION OF DEBAR.—In this subsection, the term
‘‘debar’’ has the meaning given the term in section 2393(c) of title 10, United States Code.
SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.
(a) IN GENERAL.—Notwithstanding the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Deadline.
42 USC 5206.
42 USC 3796b
note.
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Protection Act of 1973 (42 U.S.C. 4002 et seq.), or any other provision of law, or any flood risk zone identified, delineated, or established under any such law (by flood insurance rate map or otherwise), the real property described in subsection (b) shall not be considered to be, or to have been, located in any area having special flood hazards (including any floodway or floodplain). (b) REAL PROPERTY.—The real property described in this subsection is all land and improvements on the land located in the Maple Terrace Subdivisions in the City of Sycamore, DeKalb County, Illinois, including—
(1) Maple Terrace Phase I;
(2) Maple Terrace Phase II;
(3) Maple Terrace Phase III Unit 1;
(4) Maple Terrace Phase III Unit 2;
(5) Maple Terrace Phase III Unit 3;
(6) Maple Terrace Phase IV Unit 1;
(7) Maple Terrace Phase IV Unit 2; and
(8) Maple Terrace Phase IV Unit 3.
(c) REVISION OF FLOOD INSURANCE RATE LOT MAPS.—As soon
as practicable after the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall revise the appropriate flood insurance rate lot maps of the agency to reflect the treatment under subsection (a) of the real property described in subsection (b).
SEC. 308. STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT.
(a) DEFINITION OF INDIAN TRIBE.—In this section, the term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(b) STUDY.—
(1) IN GENERAL.—The Director of the Federal Emergency
Management Agency shall conduct a study of participation by Indian tribes in emergency management.
(2) REQUIRED ELEMENTS.—The study shall—
(A) survey participation by Indian tribes in training,
predisaster and postdisaster mitigation, disaster preparedness, and disaster recovery programs at the Federal and State levels; and
(B) review and assess the capacity of Indian tribes
to participate in cost-shared emergency management programs and to participate in the management of the programs. (3) CONSULTATION.—In conducting the study, the Director shall consult with Indian tribes.
(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report on the study under subsection (b) to—
(1) the Committee on Environment and Public Works of
the Senate;
(2) the Committee on Transportation and Infrastructure
of the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
Deadline.
42 USC 5121
note.
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LEGISLATIVE HISTORY—H.R. 707 (S. 1691):
HOUSE REPORTS: No. 106–40 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106–295 accompanying S. 1691 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 145 (1999): Mar. 4, considered and passed House.
Vol. 146 (2000): July 19, considered and passed Senate, amended.
Oct. 3, House concurred in Senate amendment with an
amendment.
Oct. 5, Senate concurred in House amendment with an
amendment.
Oct. 10, House concurred in Senate amendment.
Æ
(4) the Committee on Appropriations of the House of Representatives.
Approved October 30, 2000.
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ANNEX B. REGULATIONS
The Disaster Mitigation Act of 2000 (P.L. 106-390) facilitates a new and revitalized approach to mitigation planning. DMA 2000 amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act by repealing the previous mitigation planning provisions (Section 409) and replacing them with a new set of mitigation plan requirements (Section 322). This new section emphasizes the need for state, Tribal, and local entities to closely coordinate mitigation planning and implementation efforts. The following pages provide a description of the Disaster Mitigation Act of 2000, as well as the Interim Final Rule for mitigation planning.
Tuesday, September 16, 2025 Reg CC MTG, Page *1212
Tuesday,
February 26, 2002
Part III
Federal Emergency
Management Agency
44 CFR Parts 201 and 206
Hazard Mitigation Planning and Hazard
Mitigation Grant Program; Interim Final
Rule
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FEDERAL EMERGENCY
MANAGEMENT AGENCY
44 CFR Parts 201 and 206
RIN 3067–AD22
Hazard Mitigation Planning and Hazard
Mitigation Grant Program
AGENCY: Federal Emergency
Management Agency.
ACTION: Interim final rule.
SUMMARY: This rule addresses State
mitigation planning, identifies new
local mitigation planning requirements,
authorizes Hazard Mitigation Grant
Program (HMGP) funds for planning
activities, and increases the amount of
HMGP funds available to States that
develop a comprehensive, enhanced
mitigation plan. This rule also requires
that repairs or construction funded by a
disaster loan or grant must be carried
out in accordance with applicable
standards and says that FEMA may
require safe land use and construction
practices as a condition of grantees
receiving disaster assistance under the
Stafford Act.
DATES: Effective Date: February 26,
2002.
Comment Date: We will accept
written comments through April 29,
2002.
ADDRESSES: Please send written
comments to the Rules Docket Clerk,
Office of the General Counsel, Federal
Emergency Management Agency, 500 C
Street, SW., room 840, Washington, DC
20472, (facsimile) 202–646–4536, or
(email) [email protected].
FOR FURTHER INFORMATION CONTACT:
Margaret E. Lawless, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC, 20472,
202–646–3027, (facsimile) 202–646–
3104, or (email)
[email protected].
SUPPLEMENTARY INFORMATION:
Introduction
Throughout the preamble and the rule
the terms ‘‘we’’, ‘‘our’’ and ‘‘us’’ refer to
FEMA.
Section 322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (Stafford Act or the Act),
42 U.S.C. 5165, enacted under § 104 the
Disaster Mitigation Act of 2000, (DMA
2000) P.L. 106–390, provides new and
revitalized approaches to mitigation
planning. This section: (1) Continues
the requirement for a Standard State
Mitigation plan as a condition of
disaster assistance; (2) provides for
States to receive an increased
percentage of HMGP funds (from 15 to
20 percent of the total estimated eligible
Federal assistance) if, at the time of the
declaration of a major disaster, they
have in effect a FEMA-approved
Enhanced State Mitigation Plan that
meets the factors listed in this rule; (3)
establishes a new requirement for local
mitigation plans; and (4) authorizes up
to 7 percent of the HMGP funds
available to a State to be used for
development of State, tribal, and local
mitigation plans. We will give Indian
tribal governments the opportunity to
fulfill the requirements of § 322 either as
a grantee or a subgrantee. An Indian
tribal government may choose to apply
for HMGP funding directly to us and
would then serve as a grantee, meeting
the State level responsibilities, or it may
apply through the State, meeting the
local government or subgrantee
responsibilities.
Section 322, in concert with other
sections of the Act, provides a
significant opportunity to reduce the
Nation’s disaster losses through
mitigation planning. In addition,
implementation of planned, preidentified, cost-effective mitigation measures will streamline the disaster
recovery process. The Act provides a
framework for linking pre- and postdisaster mitigation planning and initiatives with public and private
interests to ensure an integrated,
comprehensive approach to disaster loss
reduction. The language in the Act,
taken as a whole, emphasizes the
importance of strong State and local
planning processes and comprehensive
program management at the State level.
The new planning criteria also support
State administration of the HMGP, and
contemplate a significant State
commitment to mitigation activities,
comprehensive State mitigation
planning, and strong program
management.
The planning process also provides a
link between State and local mitigation
programs. Both State level and local
plans should address strategies for
incorporating post-disaster early
mitigation implementation strategies
and sustainable recovery actions. We
also recognize that governments are
involved in a range of planning
activities and that mitigation plans may
be linked to or reference hazardous
materials and other non-natural hazard
plans. Improved mitigation planning
will result in a better understanding of
risks and vulnerabilities, as well as to
expedite implementation of measures
and activities to reduce those risks, both
pre- and post-disaster.
Section 409 of the Stafford Act, 42
U.S.C. 5176, which required mitigation
plans and the use of minimum codes
and standards, was repealed by the
DMA 2000. These issues are now
addressed in two separate sections of
the law: mitigation planning is in
section 322 of the Act, and minimum
codes and standards are in section 323
of the Act. We previously implemented
section 409 through 44 CFR Part 206,
Subpart M. Since current law now
distinguishes the planning from the
codes and standards in separate
sections, we will address them in
different sections of the CFR. We
address the new planning regulations in
Part 201 to reflect the broader relevance
of planning to all FEMA mitigation
programs, while the minimum
standards remain in Part 206, Federal
Disaster Assistance, Subpart M. The
regulations implementing the Hazard
Mitigation Grant Program are in Part
206, Subpart N. This rule also contains
changes to Subpart N, to reflect the new
planning criteria identified in section
322 of the Act.
The administration is considering
changes to FEMA’s mitigation programs
in the President’s Budget for FY 2003.
However, States and localities still
would be required to have plans in
effect, which meet the minimum
requirements under this rule, as a
condition of receiving mitigation
assistance after November 1, 2003.
Implementation Strategy. States must
have an approved hazard mitigation
plan in order to receive Stafford Act
assistance, excluding assistance
provided pursuant to emergency
provisions. These regulations provide
criteria for the new two-tiered State
mitigation plan process: Standard State
Mitigation Plans, which allow a State to
receive HMGP funding based on 15
percent of the total estimated eligible
Stafford Act disaster assistance, and
Enhanced State Mitigation Plans, which
allow a State to receive HMGP funds
based on 20 percent of the total
estimated eligible Stafford Act disaster
assistance. Enhanced State Mitigation
Plans must demonstrate that the State
has developed a comprehensive
mitigation program, that it effectively
uses available mitigation funding, and
that it is capable of managing the
increased funding. All State Mitigations
Plans must be reviewed, revised, and reapproved by FEMA every three years.
An important requirement of the
legislation is that we must approve a
completed enhanced plan before a
disaster declaration, in order for the
State to be eligible for the increased
funding.
We will no longer require States to
revise their mitigation plan after every
disaster declaration, as under former
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We recommend, however, that States
consider revising their plan if a disaster
or other circumstances significantly
affect its mitigation priorities. States
with existing mitigation plans, approved
under former section 409, will continue
to be eligible for the 15 percent HMGP
funding until November 1, 2003, when
all State mitigation plans must meet the
requirements of these regulations. If
State plans are not revised and
approved to meet the Standard State
Mitigation Plan requirements by that
time, they will be ineligible for Stafford
Act assistance, excluding emergency
assistance.
Indian tribal governments may choose
to apply directly to us for HMGP
funding, and would therefore be
responsible for having an approved
State level mitigation plan, and would
act as the grantee. If an Indian tribal
government chooses to apply for HMGP
grants through the State, they would be
responsible for having an approved
local level mitigation plan, and would
serve as a subgrantee accountable to the
State as grantee.
This rule also establishes local
planning criteria so that these
jurisdictions can actively begin the
hazard mitigation planning process.
This requirement is to encourage the
development of comprehensive
mitigation plans before disaster events.
Section 322 requires local governments
to have an approved local mitigation
plan to be eligible to receive an HMGP
project grant; however, this requirement
will not fully take effect until November
1, 2003. FEMA Regional Directors may
grant an exception to this requirement
in extenuating circumstances. Until
November 1, 2003, local governments
will be able to receive HMGP project
grant funds and may prepare a
mitigation plan concurrently with
implementation of their project grant.
We anticipate that the Predisaster
Mitigation program authorized by
section 203 of the Act, 42 U.S.C. 5133,
will also support this local mitigation
planning by making funds available for
the development of comprehensive local
mitigation plans. Managing States that
we approve under new criteria
established under section 404 of the
Act, 42 U.S.C. 5170c(c), as amended by
section 204 of DMA 2000 will have
approval authority for local mitigation
plans. This provision does not apply to
States that we approved under the
Managing State program in effect before
enactment of DMA 2000.
Our goal is for State and local
governments to develop comprehensive
and integrated plans that are
coordinated through appropriate State,
local, and regional agencies, as well as
non-governmental interest groups. To
the extent feasible and practicable, we
would also like to consolidate the
planning requirements for different
FEMA mitigation programs. This will
ensure that one local plan will meet the
minimum requirements for all of the
different FEMA mitigation programs,
such as the Flood Mitigation Assistance
Program (authorized by sections 553
and 554 of the National Flood Insurance
Reform Act of 1994, 42 U.S.C. 4104c
and 42 U.S.C. 4104d), the Community
Rating System (authorized by section
541 of the National Flood Insurance
Reform Act of 1994, 42 U.S.C. 4022), the
Pre-Disaster Mitigation Program
(authorized by section 203 of the
Stafford Act), the Hazard Mitigation
Grant Program (authorized by section
404 of the Stafford Act), and the
mitigation activities that are based upon
the provisions of section 323 and
subsections 406(b) and (e) of the
Stafford Act. The mitigation plans may
also serve to integrate documents and
plans produced under other emergency
management programs. State level plans
should identify overall goals and
priorities, incorporating the more
specific local risk assessments, when
available, and including projects
identified through the local planning
process.
Under section 322(d), up to 7 percent
of the available HMGP funds may now
be used for planning, and we encourage
States to use these funds for local plan
development. In a memorandum to
FEMA Regional Directors dated
December 21, 2000, we announced that
this provision of section 322 was
effective for disasters declared on or
after October 30, 2000, the date on
which the Disaster Mitigation Act of
2000 became law. Regional Directors are
encouraging States to make these funds
immediately available to local and
Indian tribal governments, although the
funds can be used for plan development
and review at the State level as well.
As discussed earlier in this
Supplementary Information, subsection
323(a) of the Stafford Act, 42 U.S.C.
5166(a), requires as a precondition to
receiving disaster assistance under the
Act that State and local governments, as
well as eligible private nonprofit
entities, must agree to carry out repair
and reconstruction activities ‘‘in
accordance with applicable standards of
safety, decency, and sanitation and in
conformity with applicable codes,
specifications, and standards.’’ In
addition, that subsection authorizes the
President (FEMA, by virtue of Executive
Order 12148, as amended) to ‘‘require
safe land use and construction practices,
after adequate consultation with
appropriate State and local officials’’ in
the course of the use of Federal disaster
assistance by eligible applicants to
repair and restore disaster-damaged
facilities.
At the same time that we implement
the planning mandates of section 322 of
the Stafford Act, we are also
implementing the Minimum Standards
for Public and Private Structures
provision of section 323 of the Act. This
rule appears at Subpart M of Part 206 of
Title 44 of the Code of Federal
Regulations. As mentioned earlier, the
section 322 planning regulations are in
Part 201, while Part 206, Subpart M
includes only the minimum codes and
standards regulations mandated in
§ 323. The rule to implement § 323 of
the Act reinforces the link between predisaster planning, building and construction standards, and postdisaster reconstruction efforts.
We encourage comments on this
interim final rule, and we will make
every effort to involve all interested
parties prior to the development of the
Final Rule.
Justification for Interim Final Rule
In general, FEMA publishes a rule for
public comment before issuing a final
rule, under the Administrative
Procedure Act, 5 U.S.C. 533 and 44 CFR
1.12. The Administrative Procedure Act,
however, provides an exception from
that general rule where the agency for
good cause finds the procedures for
comment and response contrary to
public interest. Section 322 of the
Stafford Act allows States to receive
increased post-disaster grant funding for
projects designed to reduce future
disaster losses. States will only be
eligible for these increased funds if they
have a FEMA-approved Enhanced State
Mitigation Plan.
This interim final rule provides the
criteria for development and approval of
these plans, as well as criteria for local
mitigation plans required by this
legislation. In order for State and local
governments to be positioned to receive
these mitigation funds as soon as
possible, these regulations must be in
effect. The public benefit of this rule
will be to assist States and communities
assess their risks and identify activities
to strengthen the larger community and
the built environment in order to
become less susceptible to disasters.
Planning serves as the vital foundation
to saving lives and protecting
properties, having integrated plans in
place can serve to both streamline
recovery efforts and lessen potential
future damages. Therefore, we believe it
is contrary to the public interest to delay
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with the Administrative Procedure Act,
5 U.S.C. 553(d)(3), we find that there is
good cause for the interim final rule to
take effect immediately upon
publication in the Federal Register in
order to meet the needs of States and
communities by identifying criteria for
mitigation plans in order to reduce risks
nationwide, establish criteria for
minimum codes and standards in postdisaster reconstruction, and to allow States to adjust their mitigation plans to
receive the increase in mitigation
funding.
In addition, we believe that, under the
circumstances, delaying the effective
date of this rule until after the comment
period would not further the public
interest. Prior to this rulemaking, FEMA
hosted a meeting where interested
parties provided comments and
suggestions on how we could
implement these planning requirements.
Participants in this meeting included
representatives from the National
Emergency Management Association,
the Association of State Floodplain
Managers, the National Governors’
Association, the International
Association of Emergency Managers, the
National Association of Development
Organizations, the American Public
Works Association, the National League
of Cities, the National Association of
Counties, the National Conference of
State Legislatures, the International
City/County Management Association,
and the Bureau of Indian Affairs. We
took comments and suggestions
provided at this meeting into account in
developing this interim final rule.
Therefore, we find that prior notice and
comment on this rule would not further
the public interest. We actively
encourage and solicit comments on this
interim final rule from interested
parties, and we will consider them in
preparing the final rule. For these
reasons, we believe we have good cause
to publish an interim final rule.
National Environmental Policy Act
44 CFR 10.8(d)(2)(ii) excludes this
rule from the preparation of an
environmental assessment or
environmental impact statement, where
the rule relates to actions that qualify for
categorical exclusion under 44 CFR
10.8(d)(2)(iii), such as the development
of plans under this section.
Executive Order 12866, Regulatory
Planning and Review
We have prepared and reviewed this
rule under the provisions of E.O. 12866,
Regulatory Planning and Review. Under
Executive Order 12866, 58 FR 51735,
October 4, 1993, a significant regulatory
action is subject to OMB review and the
requirements of the Executive Order.
The Executive Order defines
‘‘significant regulatory action’’ as one
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
The purpose of this rule is to
implement section 322 of the Stafford
Act which addresses mitigation
planning at the State, tribal, and local
levels, identifies new local planning
requirements, allows Hazard Mitigation
Grant Program (HMGP) funds for
planning activities, and increases the
amount of HMGP funds available to
States that develop a comprehensive,
enhanced mitigation plan. The rule
identifies local mitigation planning
requirements before approval of project
grants, and requires our approval of an
Enhanced State Mitigation plan as a
condition for increased mitigation
funding. The rule also implements
section 323 of the Stafford Act, which
requires that repairs or construction
funded by disaster loans or grants must
comply with applicable standards and
safe land use and construction practices.
As such the rule itself will not have an
effect on the economy of more than
$100,000,000.
Therefore, this rule is a significant
regulatory action and is not an
economically significant rule under
Executive Order 12866. The Office of
Management and Budget (OMB) has
reviewed this rule under Executive
Order 12866.
Executive Order 12898, Environmental
Justice
Under Executive Order 12898, Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994, we incorporate
environmental justice into our policies
and programs. The Executive Order
requires each Federal agency to conduct
its programs, policies, and activities that
substantially affect human health or the
environment, in a manner that ensures
that those programs, policies, and
activities do not have the effect of
excluding persons from participation in
our programs, denying persons the
benefits of our programs, or subjecting
persons to discrimination because of
their race, color, or national origin.
No action that we can anticipate
under the final rule will have a
disproportionately high or adverse
human health and environmental effect
on any segment of the population.
Section 322 focuses specifically on
mitigation planning to: Identify the
natural hazards, risks, and
vulnerabilities of areas in States,
localities, and tribal areas; support
development of local mitigation plans;
provide for technical assistance to local
and tribal governments for mitigation
planning; and identify and prioritize
mitigation actions that the State will
support, as resources become available.
Section 323 requires compliance with
applicable codes and standards in repair
and construction, and use of safe land
use and construction standards.
Accordingly, the requirements of
Executive Order 12898 do not apply to
this interim final rule.
Paperwork Reduction Act of 1995
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)) and concurrent with the
publication of this interim final rule, we
have submitted a request for review and
approval of a new collection of
information, which is contained in this
interim final rule. Under the Paperwork
Reduction Act of 1995, a person may
not be penalized for failing to comply
with an information collection that does
not display a currently valid Office of
Management and Budget (OMB) control
number. The request was submitted to
OMB for approval under the emergency
processing procedures in OMB
regulation 5 CFR 1320.1. OMB has
approved this collection of information
for use through August 31, 2002, under
OMB Number 3067–0297.
We expect to follow this emergency
request with a request for OMB approval
to continue the use of the collection of
information for a term of three years.
The request will be processed under
OMB’s normal clearance procedures in
accordance with provisions of OMB
regulation 5 CFR 1320.10. To help us
with the timely processing of the
emergency and normal clearance
submissions to OMB, we invite the
general public to comment on the
collection of information. This notice
and request for comments complies
with the provisions of the Paperwork
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3506(c)(2)(A)).
Collection of Information
Title: State/Local/Tribal Hazard
Mitigation Plans under Section 322 of
the Disaster Mitigation Act of 2000.
Abstract: Section 322 of the Robert T.
Stafford Disaster Relief and Emergency
Assistant Act, as amended by Section
104 of the Disaster Mitigation Act of
2000, provides new and revitalized
approaches to mitigation planning. To
obtain Federal assistance, new planning
provisions require that each state, local,
and tribal government prepare a hazard
mitigation plan to include sections that
describe the planning process, an
assessment of the risks, a mitigation
strategy, and identification of the plan
maintenance and updating process. The
Act provides a framework for linking
pre- and post-disaster mitigation
planning and initiatives with public and
private interests to ensure an integrated,
comprehensive approach to disaster loss
reduction. Under Section 322 there is a
two-tiered State mitigation plan process.
State mitigation plans must be
reviewed, revised, and submitted to us
every 3 years.
(1) A Standard State Mitigation Plan
must be approved by us in order for
States to be eligible to receive Hazard
Mitigation Grant Program (HGMP)
funding based on 15 percent of the total
estimated eligible Federal disaster
assistance. This plan demonstrates the
State’s goals, priorities, and
commitment to reduce risks from
natural hazards and serves as a guide for
State and local decision makers as they
commit resources to reducing the effects
of natural hazards.
(2) An Enhanced State Mitigation
Plan must be approved by us for a State
to be eligible to receive HMGP funds
based on 20 percent of the total
estimated eligible Federal disaster
assistance. This plan must be approved
by us within the 3 years prior to the
current major disaster declaration. It
must demonstrate that a State has
developed a comprehensive mitigation
program, is effectively using available
mitigation funding, and is capable of
managing the increased funding.
To be eligible to receive HMGP
project grants, local governments must
develop Local Mitigation Plans that
include a risk assessment and mitigation
strategy to reduce potential losses and
target resources. Plans must be
reviewed, revised, and submitted to us
for approval every 5 years.
To receive HMGP project grants, tribal
governments may apply as a grantee or
subgrantee, and will be required to meet
the planning requirements of a State or
local government.
Estimated Total Annual Burden:
Type of collection/forms No. of respondents
Hours per responseAnnual burden
hours
Update state or tribal mitigation plans (standard state mitigation plans) .................................... 18 320 5,760 State review of local plans .......................................................................................................... 500 local plans
8 4,000
States develop Enhanced State Mitigation Plans ....................................................................... 7 100 700 Local or tribal governments develop mitigation plans ................................................................. 500 local plans
300 150,000
Total burden ......................................................................................................................... ........................ ........................ 160,460 Comments: We are soliciting written
comments to: (a) Evaluate whether the
proposed data collection is necessary for
the proper performance of the agency,
including whether the information shall
have practical utility; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) obtain
recommendations to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
evaluate the extent to which automated,
electronic, mechanical, or other
technological collection techniques may
further reduce the respondents’ burden.
FEMA will accept comments through
April 29, 2002.
Addressee: Interested persons should
submit written comments to Muriel B.
Anderson, Chief, Records Management
Section, Program Services and Systems
Branch, Facilities Management and
Services Division, Administration and
Resource Planning Directorate, Federal
Emergency Management Agency, 500 C
Street, Street, SW., Washington, DC
20472.
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the OMB
paperwork clearance package by
contacting Ms. Anderson at (202) 646–
2625 (voice), (202) 646–3347 (facsimile),
or by e-mail at
[email protected].
Executive Order 13132, Federalism
Executive Order 13132, Federalism,
dated August 4, 1999, sets forth
principles and criteria that agencies
must adhere to in formulating and
implementing policies that have
federalism implications, that is,
regulations that have substantial direct
effects on the States, or on the
distribution of power and
responsibilities among the various
levels of government. Federal agencies
must closely examine the statutory
authority supporting any action that
would limit the policymaking discretion
of the States, and to the extent
practicable, must consult with State and
local officials before implementing any
such action.
We have reviewed this rule under
E.O.13132 and have concluded that the
rule does not have federalism
implications as defined by the Executive
Order. We have determined that the rule
does not significantly affect the rights,
roles, and responsibilities of States, and
involves no preemption of State law nor
does it limit State policymaking
discretion.
However, we have consulted with
State and local officials. In order to
assist us in the development of this rule,
we hosted a meeting to allow interested
parties an opportunity to provide their
perspectives on the legislation and
options for implementation of § 322.
Stakeholders who attended the meeting
included representatives from the
National Emergency Management
Association, the Association of State
Floodplain Managers, the National
Governors’ Association, the
International Association of Emergency
Managers, the National Association of
Development Organizations, the
American Public Works Association, the
National League of Cities, the National
Association of Counties, the National
Conference of State Legislatures, the
International City/County Management
Association, and the Bureau of Indian
Affairs. We received valuable input
from all parties at the meeting, which
we took into account in the
development of this rule. Additionally,
we actively encourage and solicit
comments on this interim final rule
from interested parties, and we will
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rule.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
We have reviewed this interim final
rule under Executive Order 13175,
which became effective on February 6,
2001. Under the Hazard Mitigation
Grant Program (HMGP), Indian tribal
governments will have the option to
apply for grants directly to us and to
serve as ‘‘grantee’’, carrying out ‘‘State’’
roles. If they choose this option, tribal
governments may submit either a Statelevel Standard Mitigation Plan for the 15 percent HMGP funding or a Statelevel Enhanced Mitigation Plan for 20 percent HMGP funding. In either case,
Indian tribal governments would be able
to spend up to 7 percent of those funds
on planning. Before developing this
rule, we met with representatives from
State and local governments and the
Bureau of Indian Affairs, to discuss the
new planning opportunities and
requirements of § 322 of the Stafford
Act. We received valuable input from all
parties, which helped us to develop this
interim final rule.
In reviewing the interim final rule, we
find that it does not have ‘‘tribal
implications’’ as defined in Executive
Order 13175 because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Moreover, the interim final rule does
not impose substantial direct
compliance costs on tribal governments,
nor does it preempt tribal law, impair
treaty rights or limit the self-governing
powers of tribal governments.
Congressional Review of Agency
Rulemaking
We have sent this interim final rule to
the Congress and to the General
Accounting Office under the
Congressional Review of Agency
Rulemaking Act, Public Law 104–121.
The rule is a not ‘‘major rule’’ within the
meaning of that Act. It is an
administrative action in support of
normal day-to-day mitigation planning
activities required by section 322 and
compliance under section 323 of the
Stafford Act, as enacted in DMA 2000.
The rule will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. It will
not have ‘‘significant adverse effects’’ on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises. This final rule is subject to the information collection
requirements of the Paperwork
Reduction Act, and OMB has assigned
Control No. 3067–0297. The rule is not
an unfunded Federal mandate within
the meaning of the Unfunded Mandates
Reform Act of 1995, Public Law 104–4,
and any enforceable duties that we
impose are a condition of Federal
assistance or a duty arising from
participation in a voluntary Federal
program.
List of Subjects in 44 CFR Part 201 and
Part 206
Administrative practice and
procedure, Disaster assistance, Grant
programs, Mitigation planning,
Reporting and recordkeeping
requirements.
Accordingly, Amend 44 CFR,
Subchapter D—Disaster Assistance, as
follows:
1. Add Part 201 to read as follows:
PART 201—MITIGATION PLANNING
Sec.
201.1 Purpose.
201.2 Definitions.
201.3 Responsibilities.
201.4 Standard State Mitigation Plans.
201.5 Enhanced State Mitigation Plans.
201.6 Local Mitigation Plans.
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121–5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54
FR 12571, 3 CFR, 1989 Comp., p. 214.
§ 201.1 Purpose.
(a) The purpose of this part is to
provide information on the polices and
procedures for mitigation planning as
required by the provisions of section
322 of the Stafford Act, 42 U.S.C. 5165.
(b) The purpose of mitigation
planning is for State, local, and Indian
tribal governments to identify the
natural hazards that impact them, to
identify actions and activities to reduce
any losses from those hazards, and to
establish a coordinated process to
implement the plan, taking advantage of
a wide range of resources.
§ 201.2 Definitions.
Grantee means the government to
which a grant is awarded, which is
accountable for the use of the funds
provided. The grantee is the entire legal
entity even if only a particular
component of the entity is designated in
the grant award document. Generally,
the State is the grantee. However, after
a declaration, an Indian tribal
government may choose to be a grantee,
or may act as a subgrantee under the
State. An Indian tribal government
acting as grantee will assume the
responsibilities of a ‘‘state’’, as
described in this part, for the purposes
of administering the grant.
Hazard mitigation means any
sustained action taken to reduce or
eliminate the long-term risk to human
life and property from hazards.
Hazard Mitigation Grant Program
means the program authorized under
section 404 of the Stafford Act, 42 U.S.C
5170c and implemented at 44 CFR Part
206, Subpart N, which authorizes
funding for certain mitigation measures
identified through the evaluation of
natural hazards conducted under
section 322 of the Stafford Act 42 U.S.C
5165.
Indian tribal government means any
Federally recognized governing body of
an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community
that the Secretary of Interior
acknowledges to exist as an Indian tribe
under the Federally Recognized Tribe
List Act of 1994, 25 U.S.C. 479a. This
does not include Alaska Native
corporations, the ownership of which is
vested in private individuals.
Local government is any county,
municipality, city, town, township,
public authority, school district, special
district, intrastate district, council of
governments (regardless of whether the
council of governments is incorporated
as a nonprofit corporation under State
law), regional or interstate government
entity, or agency or instrumentality of a
local government; any Indian tribe or
authorized tribal organization, or Alaska
Native village or organization; and any
rural community, unincorporated town
or village, or other public entity.
Managing State means a State to
which FEMA has delegated the
authority to administer and manage the
HMGP under the criteria established by
FEMA pursuant to 42 U.S.C. 5170c(c).
FEMA may also delegate authority to
tribal governments to administer and
manage the HMGP as a Managing State.
Regional Director is a director of a
regional office of FEMA, or his/her
designated representative.
Small and impoverished communities
means a community of 3,000 or fewer
individuals that is identified by the
State as a rural community, and is not
a remote area within the corporate
boundaries of a larger city; is
economically disadvantaged, by having
an average per capita annual income of
residents not exceeding 80 percent of
national, per capita income, based on
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unemployment rate exceeds by one
percentage point or more, the most
recently reported, average yearly
national unemployment rate; and any
other factors identified in the State Plan
in which the community is located.
The Stafford Act refers to the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law
93–288, as amended (42 U.S.C. 5121–
5206).
State is any State of the United States,
the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the
Northern Mariana Islands.
State Hazard Mitigation Officer is the
official representative of State
government who is the primary point of
contact with FEMA, other Federal
agencies, and local governments in
mitigation planning and
implementation of mitigation programs
and activities required under the
Stafford Act.
Subgrantee means the government or
other legal entity to which a subgrant is
awarded and which is accountable to
the grantee for the use of the funds
provided. Subgrantees can be a State
agency, local government, private nonprofit organizations, or Indian tribal government. Indian tribal governments
acting as a subgrantee are accountable to
the State grantee.
§ 201.3 Responsibilities.
(a) General. This section identifies the
key responsibilities of FEMA, States,
and local/tribal governments in carrying
out section 322 of the Stafford Act, 42
U.S.C. 5165.
(b) FEMA. The key responsibilities of
the Regional Director are to:
(1) Oversee all FEMA related pre- and
post-disaster hazard mitigation
programs and activities;
(2) Provide technical assistance and
training to State, local, and Indian tribal
governments regarding the mitigation
planning process;
(3) Review and approve all Standard
and Enhanced State Mitigation Plans;
(4) Review and approve all local
mitigation plans, unless that authority
has been delegated to the State in
accordance with § 201.6(d);
(5) Conduct reviews, at least once
every three years, of State mitigation
activities, plans, and programs to ensure
that mitigation commitments are
fulfilled, and when necessary, take
action, including recovery of funds or
denial of future funds, if mitigation
commitments are not fulfilled.
(c) State. The key responsibilities of
the State are to coordinate all State and
local activities relating to hazard
evaluation and mitigation and to:
(1) Prepare and submit to FEMA a
Standard State Mitigation Plan
following the criteria established in
§ 201.4 as a condition of receiving
Stafford Act assistance (except
emergency assistance).
(2) In order to be considered for the
20 percent HMGP funding, prepare and
submit an Enhanced State Mitigation
Plan in accordance with § 201.5, which
must be reviewed and updated, if
necessary, every three years from the
date of the approval of the previous
plan.
(3) At a minimum, review and, if
necessary, update the Standard State
Mitigation Plan by November 1, 2003
and every three years from the date of
the approval of the previous plan in
order to continue program eligibility.
(4) Make available the use of up to the
7 percent of HMGP funding for planning
in accordance with § 206.434.
(5) Provide technical assistance and
training to local governments to assist
them in applying for HMGP planning
grants, and in developing local
mitigation plans.
(6) For Managing States that have
been approved under the criteria
established by FEMA pursuant to 42
U.S.C. 5170c(c), review and approve
local mitigation plans in accordance
with § 201.6(d).
(d) Local governments. The key
responsibilities of local governments are
to:
(1) Prepare and adopt a jurisdictionwide natural hazard mitigation plan as a condition of receiving project grant
funds under the HMGP, in accordance
with § 201.6.
(2) At a minimum, review and, if
necessary, update the local mitigation
plan every five years from date of plan
approval to continue program eligibility.
(e) Indian tribal governments. Indian
tribal governments will be given the
option of applying directly to us for
Hazard Mitigation Grant Program
funding, or they may choose to apply
through the State. If they apply directly
to us, they will assume the
responsibilities of the State, or grantee,
and if they apply through the State, they
will assume the responsibilities of the
local government, or subgrantee.
§ 201.4 Standard State Mitigation Plans.
(a) Plan requirement. By November 1,
2003, States must have an approved
Standard State Mitigation plan meeting
the requirements of this section, in
order to receive assistance under the
Stafford Act, although assistance
authorized under disasters declared
prior to November 1, 2003 will continue
to be made available. In any case,
emergency assistance provided under 42
U.S.C. 5170a, 5170b, 5173, 5174, 5177,
5179, 5180, 5182, 5183, 5184, 5192 will
not be affected. The mitigation plan is
the demonstration of the State’s
commitment to reduce risks from
natural hazards and serves as a guide for
State decision makers as they commit
resources to reducing the effects of
natural hazards. States may choose to
include the requirements of the HMGP
Administrative Plan in their mitigation
plan.
(b) Planning process. An effective
planning process is essential in
developing and maintaining a good
plan. The mitigation planning process
should include coordination with other
State agencies, appropriate Federal
agencies, interested groups, and be
integrated to the extent possible with
other ongoing State planning efforts as
well as other FEMA mitigation programs
and initiatives.
(c) Plan content. To be effective the
plan must include the following
elements:
(1) Description of the planning
process used to develop the plan,
including how it was prepared, who
was involved in the process, and how
other agencies participated.
(2) Risk assessments that provide the
factual basis for activities proposed in
the strategy portion of the mitigation
plan. Statewide risk assessments must
characterize and analyze natural
hazards and risks to provide a statewide
overview. This overview will allow the
State to compare potential losses
throughout the State and to determine
their priorities for implementing
mitigation measures under the strategy,
and to prioritize jurisdictions for
receiving technical and financial
support in developing more detailed
local risk and vulnerability assessments.
The risk assessment shall include the
following:
(i) An overview of the type and
location of all natural hazards that can
affect the State, including information
on previous occurrences of hazard
events, as well as the probability of
future hazard events, using maps where
appropriate;
(ii) An overview and analysis of the
State’s vulnerability to the hazards
described in this paragraph (c)(2), based
on estimates provided in local risk
assessments as well as the State risk
assessment. The State shall describe
vulnerability in terms of the
jurisdictions most threatened by the
identified hazards, and most vulnerable
to damage and loss associated with
hazard events. State owned critical or
operated facilities located in the
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addressed;
(iii) An overview and analysis of
potential losses to the identified
vulnerable structures, based on
estimates provided in local risk
assessments as well as the State risk
assessment. The State shall estimate the
potential dollar losses to State owned or
operated buildings, infrastructure, and
critical facilities located in the
identified hazard areas.
(3) A Mitigation Strategy that provides
the State’s blueprint for reducing the
losses identified in the risk assessment.
This section shall include:
(i) A description of State goals to
guide the selection of activities to
mitigate and reduce potential losses.
(ii) A discussion of the State’s preand post-disaster hazard management policies, programs, and capabilities to
mitigate the hazards in the area,
including: an evaluation of State laws,
regulations, policies, and programs
related to hazard mitigation as well as
to development in hazard-prone areas; a
discussion of State funding capabilities
for hazard mitigation projects; and a
general description and analysis of the
effectiveness of local mitigation
policies, programs, and capabilities.
(iii) An identification, evaluation, and
prioritization of cost-effective,
environmentally sound, and technically
feasible mitigation actions and activities
the State is considering and an
explanation of how each activity
contributes to the overall mitigation
strategy. This section should be linked
to local plans, where specific local
actions and projects are identified.
(iv) Identification of current and
potential sources of Federal, State, local,
or private funding to implement
mitigation activities.
(4) A section on the Coordination of
Local Mitigation Planning that includes
the following:
(i) A description of the State process
to support, through funding and
technical assistance, the development of
local mitigation plans.
(ii) A description of the State process
and timeframe by which the local plans
will be reviewed, coordinated, and
linked to the State Mitigation Plan.
(iii) Criteria for prioritizing
communities and local jurisdictions that
would receive planning and project
grants under available funding
programs, which should include
consideration for communities with the
highest risks, repetitive loss properties,
and most intense development
pressures. Further, that for nonplanning grants, a principal criterion for prioritizing grants shall be the extent to
which benefits are maximized according
to a cost benefit review of proposed
projects and their associated costs.
(5) A Plan Maintenance Process that
includes:
(i) An established method and
schedule for monitoring, evaluating, and
updating the plan.
(ii) A system for monitoring
implementation of mitigation measures
and project closeouts.
(iii) A system for reviewing progress
on achieving goals as well as activities
and projects identified in the Mitigation
Strategy.
(6) A Plan Adoption Process. The plan
must be formally adopted by the State
prior to submittal to us for final review
and approval.
(7) Assurances. The plan must
include assurances that the State will
comply with all applicable Federal
statutes and regulations in effect with
respect to the periods for which it
receives grant funding, in compliance
with 44 CFR 13.11(c). The State will
amend its plan whenever necessary to
reflect changes in State or Federal laws
and statutes as required in 44 CFR
13.11(d).
(d) Review and updates. Plan must be
reviewed and revised to reflect changes
in development, progress in statewide
mitigation efforts, and changes in
priorities and resubmitted for approval
to the appropriate Regional Director
every three years. The Regional review
will be completed within 45 days after
receipt from the State, whenever
possible. We also encourage a State to
review its plan in the post-disaster
timeframe to reflect changing priorities,
but it is not required.
§ 201.5 Enhanced State Mitigation Plans.
(a) A State with a FEMA approved
Enhanced State Mitigation Plan at the
time of a disaster declaration is eligible
to receive increased funds under the
HMGP, based on twenty percent of the
total estimated eligible Stafford Act
disaster assistance. The Enhanced State
Mitigation Plan must demonstrate that a
State has developed a comprehensive
mitigation program, that the State
effectively uses available mitigation
funding, and that it is capable of
managing the increased funding. In
order for the State to be eligible for the
20 percent HMGP funding, FEMA must
have approved the plan within three
years prior to the disaster declaration.
(b) Enhanced State Mitigation Plans
must include all elements of the
Standard State Mitigation Plan
identified in § 201.4, as well as
document the following:
(1) Demonstration that the plan is
integrated to the extent practicable with
other State and/or regional planning
initiatives (comprehensive, growth
management, economic development,
capital improvement, land
development, and/or emergency
management plans) and FEMA
mitigation programs and initiatives that
provide guidance to State and regional
agencies.
(2) Documentation of the State’s
project implementation capability,
identifying and demonstrating the
ability to implement the plan,
including:
(i) Established eligibility criteria for
multi-hazard mitigation measures.
(ii) A system to determine the cost
effectiveness of mitigation measures,
consistent with OMB Circular A–94,
Guidelines and Discount Rates for
Benefit-Cost Analysis of Federal
Programs, and to rank the measures
according to the State’s eligibility
criteria.
(iii) Demonstration that the State has
the capability to effectively manage the
HMGP as well as other mitigation grant
programs, including a record of the
following:
(A) Meeting HMGP and other
mitigation grant application timeframes
and submitting complete, technically
feasible, and eligible project
applications with appropriate
supporting documentation;
(B) Preparing and submitting accurate
environmental reviews and benefit-cost
analyses;
(C) Submitting complete and accurate
quarterly progress and financial reports
on time; and
(D) Completing HMGP and other
mitigation grant projects within
established performance periods,
including financial reconciliation.
(iv) A system and strategy by which
the State will conduct an assessment of
the completed mitigation actions and
include a record of the effectiveness
(actual cost avoidance) of each
mitigation action.
(3) Demonstration that the State
effectively uses existing mitigation
programs to achieve its mitigation goals.
(4) Demonstration that the State is
committed to a comprehensive state
mitigation program, which might
include any of the following:
(i) A commitment to support local
mitigation planning by providing
workshops and training, State planning
grants, or coordinated capability
development of local officials, including
Emergency Management and Floodplain
Management certifications.
(ii) A statewide program of hazard
mitigation through the development of
legislative initiatives, mitigation
councils, formation of public/private
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actions that promote hazard mitigation.
(iii) The State provides a portion of
the non-Federal match for HMGP and/
or other mitigation projects.
(iv) To the extent allowed by State
law, the State requires or encourages
local governments to use a current
version of a nationally applicable model
building code or standard that addresses
natural hazards as a basis for design and
construction of State sponsored
mitigation projects.
(v) A comprehensive, multi-year plan
to mitigate the risks posed to existing
buildings that have been identified as
necessary for post-disaster response and
recovery operations.
(vi) A comprehensive description of
how the State integrates mitigation into
its post-disaster recovery operations.
(c) Review and updates. (1) A State
must review and revise its plan to
reflect changes in development,
progress in statewide mitigation efforts,
and changes in priorities, and resubmit
it for approval to the appropriate
Regional Director every three years. The
Regional review will be completed
within 45 days after receipt from the
State, whenever possible.
(2) In order for a State to be eligible
for the 20 percent HMGP funding, the
Enhanced State Mitigation plan must be
approved by FEMA within the three
years prior to the current major disaster
declaration.
§ 201.6 Local Mitigation Plans.
The local mitigation plan is the
representation of the jurisdiction’s
commitment to reduce risks from
natural hazards, serving as a guide for
decision makers as they commit
resources to reducing the effects of
natural hazards. Local plans will also
serve as the basis for the State to
provide technical assistance and to
prioritize project funding.
(a) Plan requirement. (1) For disasters
declared after November 1, 2003, a local
government must have a mitigation plan
approved pursuant to this section in
order to receive HMGP project grants.
Until November 1, 2003, local
mitigation plans may be developed
concurrent with the implementation of
the project grant.
(2) Regional Directors may grant an
exception to the plan requirement in
extraordinary circumstances, such as in
a small and impoverished community,
when justification is provided. In these
cases, a plan will be completed within
12 months of the award of the project
grant. If a plan is not provided within
this timeframe, the project grant will be
terminated, and any costs incurred after
notice of grant’s termination will not be
reimbursed by FEMA.
(3) Multi-jurisdictional plans (e.g.
watershed plans) may be accepted, as
appropriate, as long as each jurisdiction
has participated in the process and has
officially adopted the plan. State-wide
plans will not be accepted as multijurisdictional plans. (b) Planning process. An open public
involvement process is essential to the
development of an effective plan. In
order to develop a more comprehensive
approach to reducing the effects of
natural disasters, the planning process
shall include:
(1) An opportunity for the public to
comment on the plan during the
drafting stage and prior to plan
approval;
(2) An opportunity for neighboring
communities, local and regional
agencies involved in hazard mitigation
activities, and agencies that have the
authority to regulate development, as
well as businesses, academia and other
private and non-profit interests to be
involved in the planning process; and
(3) Review and incorporation, if
appropriate, of existing plans, studies,
reports, and technical information.
(c) Plan content. The plan shall
include the following:
(1) Documentation of the planning
process used to develop the plan,
including how it was prepared, who
was involved in the process, and how
the public was involved.
(2) A risk assessment that provides
the factual basis for activities proposed
in the strategy to reduce losses from
identified hazards. Local risk
assessments must provide sufficient
information to enable the jurisdiction to
identify and prioritize appropriate
mitigation actions to reduce losses from
identified hazards. The risk assessment
shall include:
(i) A description of the type, location,
and extent of all natural hazards that
can affect the jurisdiction. The plan
shall include information on previous
occurrences of hazard events and on the
probability of future hazard events.
(ii) A description of the jurisdiction’s
vulnerability to the hazards described in
paragraph (c)(2)(i) of this section. This
description shall include an overall
summary of each hazard and its impact
on the community. The plan should
describe vulnerability in terms of:
(A) The types and numbers of existing
and future buildings, infrastructure, and
critical facilities located in the
identified hazard areas;
(B) An estimate of the potential dollar
losses to vulnerable structures identified
in paragraph (c)(2)(i)(A) of this section
and a description of the methodology
used to prepare the estimate;
(C) Providing a general description of
land uses and development trends
within the community so that mitigation
options can be considered in future land
use decisions.
(iii) For multi-jurisdictional plans, the
risk assessment section must assess each
jurisdiction’s risks where they vary from
the risks facing the entire planning area.
(3) A mitigation strategy that provides
the jurisdiction’s blueprint for reducing
the potential losses identified in the risk
assessment, based on existing
authorities, policies, programs and
resources, and its ability to expand on
and improve these existing tools. This
section shall include:
(i) A description of mitigation goals to
reduce or avoid long-term
vulnerabilities to the identified hazards.
(ii) A section that identifies and
analyzes a comprehensive range of
specific mitigation actions and projects
being considered to reduce the effects of
each hazard, with particular emphasis
on new and existing buildings and
infrastructure.
(iii) An action plan describing how
the actions identified in paragraph
(c)(2)(ii) of this section will be
prioritized, implemented, and
administered by the local jurisdiction.
Prioritization shall include a special
emphasis on the extent to which
benefits are maximized according to a
cost benefit review of the proposed
projects and their associated costs.
(iv) For multi-jurisdictional plans,
there must be identifiable action items
specific to the jurisdiction requesting
FEMA approval or credit of the plan.
(4) A plan maintenance process that
includes:
(i) A section describing the method
and schedule of monitoring, evaluating,
and updating the mitigation plan within
a five-year cycle.
(ii) A process by which local
governments incorporate the
requirements of the mitigation plan into
other planning mechanisms such as
comprehensive or capital improvement
plans, when appropriate.
(iii) Discussion on how the
community will continue public
participation in the plan maintenance
process.
(5) Documentation that the plan has
been formally adopted by the governing
body of the jurisdiction requesting
approval of the plan (e.g., City Council,
County Commissioner, Tribal Council).
For multi-jurisdictional plans, each
jurisdiction requesting approval of the
plan must document that it has been
formally adopted.
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submitted to the State Hazard Mitigation
Officer for initial review and
coordination. The State will then send
the plan to the appropriate FEMA
Regional Office for formal review and
approval.
(2) The Regional review will be
completed within 45 days after receipt
from the State, whenever possible.
(3) Plans must be reviewed, revised if
appropriate, and resubmitted for
approval within five years in order to
continue to be eligible for HMGP project
grant funding.
(4) Managing States that have been
approved under the criteria established
by FEMA pursuant to 42 U.S.C. 5170c(c)
will be delegated approval authority for
local mitigation plans, and the review
will be based on the criteria in this part.
Managing States will review the plans
within 45 days of receipt of the plans,
whenever possible, and provide a copy
of the approved plans to the Regional
Office.
PART 206—FEDERAL DISASTER
ASSISTANCE FOR DISASTERS
DECLARED ON OR AFTER
NOVEMBER 23, 1988
2. The authority citation for part 206
is revised to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121–5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54
FR 12571, 3 CFR, 1989 Comp., p. 214.
2a. Revise Part 206, Subpart M to read
as follows:
Subpart M—Minimum Standards
Sec.
206.400 General.
206.401 Local standards.
206.402 Compliance.
§ 206.400 General.
(a) As a condition of the receipt of any
disaster assistance under the Stafford
Act, the applicant shall carry out any
repair or construction to be financed
with the disaster assistance in
accordance with applicable standards of
safety, decency, and sanitation and in
conformity with applicable codes,
specifications and standards.
(b) Applicable codes, specifications,
and standards shall include any disaster
resistant building code that meets the
minimum requirements of the National
Flood Insurance Program (NFIP) as well
as being substantially equivalent to the
recommended provisions of the
National Earthquake Hazards Reduction
Program (NEHRP). In addition, the
applicant shall comply with any
requirements necessary in regards to
Executive Order 11988, Floodplain
Management, Executive Order 12699,
Seismic Safety of Federal and Federally
Assisted or Regulated New Building
Construction, and any other applicable
Executive orders.
(c) In situations where there are no
locally applicable standards of safety,
decency and sanitation, or where there
are no applicable local codes,
specifications and standards governing
repair or construction activities, or
where the Regional Director determines
that otherwise applicable codes,
specifications, and standards are
inadequate, then the Regional Director
may, after consultation with appropriate
State and local officials, require the use
of nationally applicable codes,
specifications, and standards, as well as
safe land use and construction practices
in the course of repair or construction
activities.
(d) The mitigation planning process
that is mandated by section 322 of the
Stafford Act and 44 CFR part 201 can
assist State and local governments in
determining where codes,
specifications, and standards are
inadequate, and may need to be
upgraded.
§ 206.401 Local standards.
The cost of repairing or constructing
a facility in conformity with minimum
codes, specifications and standards may
be eligible for reimbursement under
section 406 of the Stafford Act, as long
as such codes, specifications and
standards meet the criteria that are
listed at 44 CFR 206.226(b).
§ 206.402 Compliance.
A recipient of disaster assistance
under the Stafford Act must document
for the Regional Director its compliance
with this subpart following the
completion of any repair or construction
activities.
Subpart N—Hazard Mitigation Grant
Program
3. Revise § 206.431 to read as follows:
§ 206.431 Definitions.
Activity means any mitigation
measure, project, or action proposed to
reduce risk of future damage, hardship,
loss or suffering from disasters.
Applicant means a State agency, local
government, Indian tribal government,
or eligible private nonprofit
organization, submitting an application
to the grantee for assistance under the
HMGP.
Enhanced State Mitigation Plan is the
hazard mitigation plan approved under
44 CFR part 201 as a condition of
receiving increased funding under the
HMGP.
Grant application means the request
to FEMA for HMGP funding, as outlined
in § 206.436, by a State or tribal
government that will act as grantee.
Grant award means total of Federal
and non-Federal contributions to
complete the approved scope of work.
Grantee means the government to
which a grant is awarded and which is
accountable for the use of the funds
provided. The grantee is the entire legal
entity even if only a particular
component of the entity is designated in
the grant award document. Generally,
the State is the grantee. However, an
Indian tribal government may choose to
be a grantee, or it may act as a
subgrantee under the State. An Indian
tribal government acting as a grantee
will assume the responsibilities of a
‘‘state’’, under this subpart, for the
purposes of administering the grant.
Indian tribal government means any
Federally recognized governing body of
an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community
that the Secretary of Interior
acknowledges to exist as an Indian tribe
under the Federally Recognized Tribe
List Act of 1994, 25 U.S.C. 479a. This
does not include Alaska Native
corporations, the ownership of which is
vested in private individuals.
Local Mitigation Plan is the hazard
mitigation plan required of a local or
Indian tribal government acting as a
subgrantee as a condition of receiving a
project subgrant under the HMGP as
outlined in 44 CFR 201.6.
Standard State Mitigation Plan is the
hazard mitigation plan approved under
44 CFR part 201, as a condition of
receiving Stafford Act assistance as
outlined in § 201.4.
State Administrative Plan for the
Hazard Mitigation Grant Program means
the plan developed by the State to
describe the procedures for
administration of the HMGP.
Subgrant means an award of financial
assistance under a grant by a grantee to
an eligible subgrantee.
Subgrant application means the
request to the grantee for HMGP funding
by the eligible subgrantee, as outlined in
§ 206.436.
Subgrantee means the government or
other legal entity to which a subgrant is
awarded and which is accountable to
the grantee for the use of the funds
provided. Subgrantees can be a State
agency, local government, private nonprofit organizations, or Indian tribal government as outlined in § 206.433.
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subgrantee are accountable to the State
grantee.
4. Revise § 206.432(b) to read as
follows:
§ 206.432 Federal grant assistance.
* * * * *
(b) Amounts of assistance. The total of
Federal assistance under this subpart
shall not exceed either 15 or 20 percent
of the total estimated Federal assistance
(excluding administrative costs)
provided for a major disaster under 42
U.S.C. 5170b, 5172, 5173, 5174, 5177,
5178, 5183, and 5201 as follows:
(1) Fifteen (15) percent. Effective
November 1, 2003, a State with an
approved Standard State Mitigation
Plan, which meets the requirements
outlined in 44 CFR 201.4, shall be
eligible for assistance under the HMGP
not to exceed 15 percent of the total
estimated Federal assistance described
in this paragraph. Until that date,
existing, approved State Mitigation
Plans will be accepted.
(2) Twenty (20) percent. A State with
an approved Enhanced State Mitigation
Plan, in effect prior to the disaster
declaration, which meets the
requirements outlined in 44 CFR 201.5
shall be eligible for assistance under the
HMGP not to exceed 20 percent of the
total estimated Federal assistance
described in this paragraph.
(3) The estimates of Federal assistance
under this paragraph (b) shall be based
on the Regional Director’s estimate of all
eligible costs, actual grants, and
appropriate mission assignments.
* * * * *
5. Section 206.434 is amended by
redesignating paragraphs (b) through (g)
as paragraphs (c) through (h),
respectively; adding a new paragraph
(b); revising redesignated paragraphs (c)
introductory text and (c)(1); and revising
redesignated paragraph (d) to read as
follows:
§ 206.434 Eligibility.
* * * * *
(b) Plan requirement. (1) For all
disasters declared on or after November
1, 2003, local and tribal government
applicants for subgrants, must have an
approved local mitigation plan in
accordance with 44 CFR 201.6 prior to
receipt of HMGP subgrant funding.
Until November 1, 2003, local
mitigation plans may be developed
concurrent with the implementation of
subgrants.
(2) Regional Directors may grant an
exception to this requirement in
extraordinary circumstances, such as in
a small and impoverished community
when justification is provided. In these
cases, a plan will be completed within
12 months of the award of the project
grant. If a plan is not provided within
this timeframe, the project grant will be
terminated, and any costs incurred after
notice of grant’s termination will not be
reimbursed by FEMA.
(c) Minimum project criteria. To be
eligible for the Hazard Mitigation Grant
Program, a project must:
(1) Be in conformance with the State
Mitigation Plan and Local Mitigation
Plan approved under 44 CFR part 201;
* * * * *
(d) Eligible activities. (1) Planning. Up
to 7% of the State’s HMGP grant may be
used to develop State, tribal and/or local
mitigation plans to meet the planning
criteria outlined in 44 CFR part 201.
(2) Types of projects. Projects may be
of any nature that will result in
protection to public or private property.
Eligible projects include, but are not
limited to:
(i) Structural hazard control or
protection projects;
(ii) Construction activities that will
result in protection from hazards;
(iii) Retrofitting of facilities;
(iv) Property acquisition or relocation,
as defined in paragraph (e) of this
section;
(v) Development of State or local
mitigation standards;
(vi) Development of comprehensive
mitigation programs with
implementation as an essential
component;
(vii) Development or improvement of
warning systems.
* * * * *
6. Revise § 206.435(a) to read as
follows:
§ 206.435 Project identificaiton and
selection criteria.
(a) Identification. It is the State’s
responsibility to identify and select
eligible hazard mitigation projects. All
funded projects must be consistent with
the State Mitigation Plan. Hazard
Mitigation projects shall be identified
and prioritized through the State, Indian
tribal, and local planning process.
* * * * *
7. Revise § 206.436 to read as follows:
§ 206.436 Application procedures.
(a) General. This section describes the
procedures to be used by the grantee in
submitting an application for HMGP
funding. Under the HMGP, the State or
Indian tribal government is the grantee
and is responsible for processing
subgrants to applicants in accordance
with 44 CFR part 13 and this part 206.
Subgrantees are accountable to the
grantee.
(b) Governor’s Authorized
Representative. The Governor’s
Authorized Representative serves as the
grant administrator for all funds
provided under the Hazard Mitigation
Grant Program. The Governor’s
Authorized Representative’s
responsibilities as they pertain to
procedures outlined in this section
include providing technical advice and
assistance to eligible subgrantees, and
ensuring that all potential applicants are
aware of assistance available and
submission of those documents
necessary for grant award.
(c) Hazard mitigation application.
Upon identification of mitigation
measures, the State (Governor’s
Authorized Representative) will submit
its Hazard Mitigation Grant Program
application to the FEMA Regional
Director. The application will identify
one or more mitigation measures for
which funding is requested. The
application must include a Standard
Form (SF) 424, Application for Federal
Assistance, SF 424D, Assurances for
Construction Programs, if appropriate,
and an narrative statement. The
narrative statement will contain any
pertinent project management
information not included in the State’s
administrative plan for Hazard
Mitigation. The narrative statement will
also serve to identify the specific
mitigation measures for which funding
is requested. Information required for
each mitigation measure shall include
the following:
(1) Name of the subgrantee, if any;
(2) State or local contact for the
measure;
(3) Location of the project;
(4) Description of the measure;
(5) Cost estimate for the measure;
(6) Analysis of the measure’s costeffectiveness and substantial risk reduction, consistent with § 206.434(c);
(7) Work schedule;
(8) Justification for selection;
(9) Alternatives considered;
(10) Environmental information
consistent with 44 CFR part 9,
Floodplain Management and Protection
of Wetlands, and 44 CFR part 10,
Environmental Considerations.
(d) Application submission time limit.
The State’s application may be amended
as the State identifies and selects local
project applications to be funded. The
State must submit all local HMGP
applications and funding requests for
the purpose of identifying new projects
to the Regional Director within 12
months of the date of disaster
declaration.
(e) Extensions. The State may request
the Regional Director to extend the
application time limit by 30 to 90 day
VerDate 11<MAY>2000 17:00 Feb 25, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\26FER2.SGM pfrm02 PsN: 26FER2 Tuesday, September 16, 2025 Reg CC MTG, Page *1223 8854 Federal Register / Vol. 67, No. 38 / Tuesday, February 26, 2002 / Rules and Regulations increments, not to exceed a total of 180
days. The grantee must include a
justification in its request.
(f) FEMA approval. The application
and supplement(s) will be submitted to
the FEMA Regional Director for
approval. FEMA has final approval
authority for funding of all projects.
(g) Indian tribal grantees. Indian tribal
governments may submit a SF 424
directly to the Regional Director.
Subpart H—Public Assistance
Eligibility
* * * * *
8. Revise § 206.220 to read as follows:
§ 206.220 General.
This subpart provides policies and
procedures for determinations of
eligibility of applicants for public
assistance, eligibility of work, and
eligibility of costs for assistance under
sections 402, 403, 406, 407, 418, 419,
421(d), 502, and 503 of the Stafford Act.
Assistance under this subpart must also
conform to requirements of 44 CFR part
201, Mitigation Planning, and 44 CFR
part 206, subparts G—Public Assistance
Project Administration, I—Public
Assistance Insurance Requirements, J—
Coastal Barrier Resources Act, and M—
Minimum Standards. Regulations under
44 CFR part 9—Floodplain Management
and 44 CFR part 10—Environmental
Considerations, also apply to this
assistance.
9. Section 206.226 is amended by
redesignating paragraphs
(b) through (j) as paragraphs (c)
through (k), respectively; adding a new
paragraph (b); and revising redesignated
paragraph (g)(5) to read as follows:
§ 206.226 Restoration of damaged
facilities.
* * * * *
(b) Mitigation planning. In order to
receive assistance under this section, as
of November 1, 2003, the State must
have in place a FEMA approved State
Mitigation Plan in accordance with 44
CFR part 201.
* * * * *
(g) * * *
(5) If relocation of a facility is not
feasible or cost effective, the Regional
Director shall disapprove Federal
funding for the original location when
he/she determines in accordance with
44 CFR parts 9, 10, 201, or subpart M
of this part 206, that restoration in the
original location is not allowed. In such
cases, an alternative project may be
applied for.
* * * * *
Dated: February 19, 2002.
Michael D. Brown,
General Counsel.
[FR Doc. 02–4321 Filed 2–25–02; 8:45 am]
BILLING CODE 6718–05–P
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ANNEX C. HAZARD ANALYSIS
The City of Lomita (City) hazard identification and ranking was obtained primarily from Hazard Identification exercise. The Hazard Identification exercise was conducted as a participatory Hazard Mitigation Planning Committee (HMPC) exercise to identify the potential hazards within the City. The exercise was facilitated utilizing an automated interactive software spreadsheet program that asked specific questions on potential hazards and then rates them accordingly. These questions guided the team in the correct facilitation and application of the program. The following spreadsheet summarizes the Hazard Identification exercise risk ranking results, including the descriptions of each hazard factor, and provides the specific descriptor choices for each risk factor and description. Additionally, a risk ranking matrix is provided to designate the overall ranking score and categorization of each hazard.
Hazard Identification and Risk Ranking
Each hazard profile included a profile
ranking of the hazard (ranging from low risk
to high risk). The HMPC determined this
initial profile ranking based on all the hazard
identification and profile research
summarized and group discussion and
evaluation of all of the data, including
numerical rankings (1-5) of the following
criteria:
• Consequence/Severity – How
wide spread is the impact area?
• Secondary Effects – Could the event trigger another event and separate response?
• Probability/Frequency – Historical view of how often this type of event occurs locally and projected recurrence intervals.
• Warning/Onset – Advance warning of the event, or none. • Duration – Length of elapsed time where response resources are active. • Recovery – Length of time until lives and property return to normal.
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City of Lomita Hazard Mitigation Plan C-2
Table C.1 Risk Factors for Hazard Identification
RISK FACTOR DESCRIPTION DESCRIPTORS VALUE
PROBABILITY/ FREQUENCY Prediction of how often a
hazard will occur in the future.
Rare event - occurs less than once every 50 years 1
Infrequent event - occurs between once every 8 years
and once every 50 years (inclusive)
2 Regular event - occurs between once a year and
once every 7 years
3 Frequent event - occurs more than once a year 4
CONSEQUENCE/SEVERITY
Physical Damage - structures
and lifelines
Economic Impact – loss of
function for power, water,
sanitation, roads, etc., as
applicable
No damage 1
Minor/slight damage to buildings and structures, no
loss of lifelines 2
Moderate building damage, minor loss of lifelines
(less than 12 hours) 3
Moderate building damage, lifeline loss (less than 24
hours) 4
Extensive building damage, widespread loss of
lifelines (water, gas, electricity, sanitation, roads), loss of life
5 VULNERABILITY
Impact Area - area impacted by
a hazard event,
Secondary Impacts - Capability
of triggering additional hazards
Onset - Period of time between
initial recognition of an
approaching hazard and when
the hazard begins to impact the
community
No physical damage, no secondary impacts 1
Localized damage area 2
Localized damage area, minor secondary impacts,
delayed hazard onset 3
Moderate damage area, moderate secondary
impacts, moderate warning time 4
Widespread damage area, significant secondary
impacts, no warning time 5
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City of Lomita Hazard Mitigation Plan C-3
Each profile includes a ranking of the hazard. The hazard rankings were determined by assigning each hazard the appropriate risk factors as described above. The risk factors were then used with a hazard ranking matrix to determine the final hazard score. The following table provides the matrix used for determining each hazard’s score.
Table C.2 Risk Rank Matrix
PROBABILITY/
FREQUENCY DESCRIPTION RISK RANKING MATRIX
Rare Event:
Occurs less than once every 50
years
Probability/Frequency Consequence/Severity
Value 1 1 2 3 4 5
Vulnerability
1 1 2 3 4 5
2 2 4 6 8 10
3 3 6 9 12 15
4 4 8 12 16 20
5 5 10 15 20 25
Infrequent Event:
Occurs between once every 8
years and once every 50 years
(inclusive)
Probability/Frequency Consequence/Severity
Value 2 1 2 3 4 5
Vulnerability
1 2 4 6 8 10
2 4 8 12 16 20
3 6 12 18 24 30
4 8 16 24 32 40
5 10 20 30 40 50
Regular Event:
Occurs between once a year and
once every 7 years
Probability/Frequency Consequence/Severity
Value 3 1 2 3 4 5
Vulnerability
1 3 6 9 12 15
2 6 12 18 24 30
3 9 18 27 36 45
4 12 24 36 48 60
5 15 30 45 60 75
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City of Lomita Hazard Mitigation Plan C-4
The hazard scores from the Hazard Ranking Matrix were compared to the hazard rank criteria to finally categorize each hazard with a hazard ranking. The table below provides the value determinations for each hazard ranking.
Table C.3 Risk Rank Categorization
High Hazard 50-100
Moderately High Hazard 25-49
Moderate Hazard 15-24
Moderately Low Hazard 5-14
Low Hazard 1-4
The hazard ranking worksheets are provided in the following pages.
Tuesday, September 16, 2025 Reg CC MTG, Page *1228
City of Lomita Hazard Mitigation Plan C-5
Table C.4 Hazard Identification and Risk Ranking
EARTHQUAKE
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Infrequent event - occurs between once every 8 years and once every 50 years (inclusive)
2 Consequence Moderate building damage, lifeline loss (less than 24 hours), severe injury or disability
4 Vulnerability Widespread damage area, significant secondary impacts, no warning time 5 Risk Moderately High 40
Comments Average building age 1920-1960 (40-60 years in age majority) FLOOD
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Frequent event - occurs more than once a year 4 Consequence Minor/slight damage to buildings and structures, no loss of lifelines, first aid injury and no disability
2 Vulnerability Localized damage area, minor secondary impacts, delayed hazard onset 3 Risk Moderate 24
Comments Climate change - increase in precipitation - lots of atmospheric rivers - sediment issues, private property issues
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City of Lomita Hazard Mitigation Plan C-6
WINDSTRORM
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Frequent event - occurs more than once a year 4 Consequence Moderate building damage, minor loss of lifelines (less than 12 hours), lost time injury but no disability
3 Vulnerability Localized damage area, minor secondary impacts, delayed hazard onset 3 Risk Moderately High 36
Comments Frequent occurrence
WATER
SHORTAGE
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Regular event - occurs between once a year and once every 7 years 3 Consequence Moderate building damage, lifeline loss (less than 24 hours), severe injury or disability
4 Vulnerability Localized damage area, minor secondary impacts, delayed hazard onset 3 Risk Moderately High 36
Comments Water Supply and Water Quality - 1 dialysis in the city - acute care dependent on City water service
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City of Lomita Hazard Mitigation Plan C-7
URBAN FIRE
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Infrequent event - occurs between once every 8 years and once every 50 years (inclusive)
2 Consequence Moderate building damage, lifeline loss (less than 24 hours), severe injury or disability
4 Vulnerability Localized damage area, minor secondary impacts, delayed hazard onset 3 Risk Moderate 24
Comments The Team discussed Rolling Hills Estates is on the south/west border and presents a wildfire hazard. The structures on that border are at higher risk of fire. However, once the fire crosses the City border, the impacts would be urban in nature. Separately, the City is centrally located in the middle of multiple Oil and Gas facilities with potential for fire scenarios.
HAZMAT RELEASE
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Rare event - occurs less than once every 50 years 1 Consequence Moderate building damage, lifeline loss (less than 24 hours), severe injury or disability
4 Vulnerability Widespread damage area, significant secondary impacts, no warning time 5 Risk Moderate 20
Comments O&G facilities in the area with release potential - Also including travel corridors traveling with HazMat storage. High volume of travel to the refinery. Western & PCH, Cypress
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City of Lomita Hazard Mitigation Plan C-8
AIRCRAFT
INCIDENT
RANK FACTORS HAZARD FACTOR DESCRIPTION RANK
Probability Infrequent event - occurs between once every 8 years and once every 50 years (inclusive)
2 Consequence Moderate building damage, lifeline loss (less than 24 hours), severe injury or disability
4 Vulnerability Localized damage area 2
Risk Moderate 16
Comments Torrance Airport borders the West of the City.
Tuesday, September 16, 2025 Reg CC MTG, Page *1232
City of Lomita
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Lomita City Council will hold a public hearing at 6:00 p.m. or shortly thereafter on Tuesday, September 16, 2025, in the Council Chambers at Lomita City Hall, 24300 Narbonne Avenue, Lomita, CA 90717, pursuant to Sec. 3-2.08 of the Lomita, California Municipal Code (LMC) to consider the Hazard Mitigation Plan (HMP), which helps identify risks in our community, such as flooding, wildfires, and earthquakes, and outlines actions to reduce the impact of these disasters.
As part of a required five-year update to this plan, the City of Lomita is holding a public hearing to invite residents and stakeholders to share any concerns about local hazards, suggest ways to reduce risks, or provide ideas for improving disaster preparedness. The City Council invites the public to participate in shaping a plan that protects the community, reduces the impact on people, property, and infrastructure, and ensure the City of Lomita can access federal funding for mitigation and response efforts.
For more information, please contact the City Manager’s Department at (310) 325-7110, ext. 151.
Posting date: September 5, 2025
Tuesday, September 16, 2025 Reg CC MTG, Page *1233