42 USC 5170c - Hazard mitigation

United States Code

USC most recently checked for updates: Jun 10, 2023

§ 5170b. Essential assistance

§ 5171. Federal facilities

U.S. Code
Notes

§ 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

 See References in Text note below.

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

(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.

(Pub. L. 93–288, title IV, § 404, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4698; amended Pub. L. 103–181, §§ 2(a), 3, Dec. 3, 1993, 107 Stat. 2054; Pub. L. 106–390, title I, § 104(c)(1), title II, § 204, Oct. 30, 2000, 114 Stat. 1559, 1561; Pub. L. 108–7, div. K, title IV, § 417, Feb. 20, 2003, 117 Stat. 525; Pub. L. 109–295, title VI, § 684, Oct. 4, 2006, 120 Stat. 1447; Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864; Pub. L. 113–2, div. B, § 1104(a), (b), Jan. 29, 2013, 127 Stat. 43; Pub. L. 115–254, div. D, §§ 1204(b)(1), 1205, 1233, 1235(a), Oct. 5, 2018, 132 Stat. 3439, 3460, 3463; Pub. L. 117–58, div. D, title I, § 40102, Nov. 15, 2021, 135 Stat. 928.)

cite as: 42 USC 5170c