§5170c. Hazard mitigation
(a) In general
The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under section 5187 of this title. Such measures shall be identified following the evaluation of natural hazards under section 5165 of this title and shall be subject to approval by the President. Subject to section 5165 of this title, the total of contributions under this section for a major disaster or event under section 5187 of this title shall not exceed 15 percent for amounts not more than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter with respect to the major disaster or event under section 5187 of this title.
(b) Property acquisition and relocation assistance
(1) General authority
In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph (2).
(2) Terms and conditions
An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph (1) only if-
(A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection (a); and
(B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides assurances that-
(i) any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;
(ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than-
(I) a public facility that is open on all sides and functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before the commencement of the construction of the structure; and
(iii) after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation program-
(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any Federal entity; and
(II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source.
(3) Statutory construction
Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before December 3, 1993.
(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). Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program. 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 5165 of this title; 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.
(d) Streamlined procedures
(1) In general
For the purpose of providing assistance under this section, the President shall ensure that-
(A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and historic preservation reviews under the National Historic Preservation Act 1 are completed on an expeditious basis; and
(B) the shortest existing applicable process under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic Preservation Act 1 is utilized.
(2) Authority for other expedited procedures
The President may utilize expedited procedures in addition to those required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness and fulfillment of cost-share requirements for proposed hazard mitigation measures.
(e) Advance assistance
The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eligible costs are incurred.
(f) Use of assistance
Recipients of hazard mitigation assistance provided under this section and section 5133 of this title may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, such as-
(1) reseeding ground cover with quick-growing or native species;
(2) mulching with straw or chipped wood;
(3) constructing straw, rock, or log dams in small tributaries to prevent flooding;
(4) placing logs and other erosion barriers to catch sediment on hill slopes;
(5) installing debris traps to modify road and trail drainage mechanisms;
(6) modifying or removing culverts to allow drainage to flow freely;
(7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods;
(8) planting grass to prevent the spread of noxious weeds;
(9) installing warning signs;
(10) establishing defensible space measures;
(11) reducing hazardous fuels;
(12) mitigating windstorm and wildfire damage, including-
(A) replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient to extreme wind, wildfire, and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location; and
(B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires;
(13) removing standing burned trees; and
(14) replacing water systems that have been burned and have caused contamination.
(g) Use of assistance for earthquake hazards
Recipients of hazard mitigation assistance provided under this section and section 5133 of this title may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by earthquake hazards, including-
(1) improvements to regional seismic networks in support of building a capability for earthquake early warning;
(2) improvements to geodetic networks in support of building a capability for earthquake early warning; and
(3) improvements to seismometers, Global Positioning System receivers, and associated infrastructure in support of building a capability for earthquake early warning.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is
The National Historic Preservation Act, referred to in subsec. (d)(1), is
Prior Provisions
A prior section 404 of
Amendments
2021-Subsec. (f)(12).
2018-Subsec. (a).
Subsec. (f).
Subsec. (g).
2013-Subsec. (c)(2).
Subsecs. (d), (e).
2011-Subsec. (b)(1), (2).
2006-Subsec. (a).
2003-Subsec. (a).
2000-Subsec. (a).
Subsec. (c).
1993-
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2013 Amendment
"(1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after the date of enactment of this division [Jan. 29, 2013]; and
"(2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division."
Effective Date of 1993 Amendment
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Hazard Eligibility and Local Projects
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Hazard Eligibility and Local Projects Act'.
"SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS.
"(a)
"(1)
"(2)
"(A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and
"(B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
"(3)
"(A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133);
"(B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and
"(C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c).
"(b)
"(1)
"(A) the entity-
"(i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and
"(ii) complies with all Federal requirements for the covered project; and
"(B) the Administrator determines that the covered project-
"(i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
"(ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and
"(iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances.
"(2)
"(c)
"(d)
"(1) how many applicants used the authority;
"(2) how many applicants using the authority successfully obtained a grant;
"(3) how many applicants were not able to successfully obtain a grant;
"(4) the reasons applicants were not able to obtain a grant; and
"(5) the extent to which applicants using the authority were able to comply with all necessary Federal environmental, historic preservation, and other related laws and regulations.
"(e)
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Funding of a Federally Authorized Water Resources Development Project
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) affect the cost-share requirement of a hazard mitigation measure under section 404;
"(B) affect the eligibility criteria for a hazard mitigation measure under section 404;
"(C) affect the cost share requirements of a federally authorized water resources development project; and
"(D) affect the responsibilities of a non-Federal interest with respect to the project, including those related to the provision of lands, easements, rights-of-way, dredge material disposal areas, and necessary relocations.
"(6)
Guidance on Hazard Mitigation Assistance
"(a)
"(1) a process by which the State hazard mitigation officer appointed for such an acquisition shall, not later than 60 days after the applicant for assistance enters into an agreement with the Administrator regarding the acquisition, provide written notification to each affected unit of local government for such acquisition that includes-
"(A) the location of the acquisition;
"(B) the State-local assistance agreement for the hazard mitigation grant program;
"(C) a description of the acquisition; and
"(D) a copy of the deed restriction; and
"(2) recommendations for entering into and implementing a memorandum of understanding between units of local government and covered entities that includes provisions to allow an affected unit of local government notified under paragraph (1) to-
"(A) use and maintain the open space created by such a project, consistent with section 404 [42 U.S.C. 5170c] (including related regulations, standards, and guidance) and consistent with all adjoining property, subject to the notification of the adjoining property, so long as the cost of the maintenance is borne by the local government; and
"(B) maintain the open space pursuant to standards exceeding any local government standards defined in the agreement with the Administrator described under paragraph (1).
"(b)
"(1)
"(2)
"(A) the grantee or subgrantee receiving assistance for an open space project described in subsection (a);
"(B) the State in which such project is located; and
"(C) the applicable Regional Administrator of the Agency."
[For definition of "State" as used in section 1231 of