Title 42 — The Public Health and Welfare
Chapter 68 — Disaster Relief
§ 5165. Mitigation planning
Statutory text
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.
Local and tribal plans
Each mitigation plan developed by a local or tribal government shall—
describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and
establish a strategy to implement those actions.
State plans
The State process of development of a mitigation plan under this section shall—
identify the natural hazards, risks, and vulnerabilities of areas in the State;
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.
Funding
In general
Federal contributions under section 5170c of this title may be used to fund the development and updating of mitigation plans under this section.
Maximum Federal contribution
With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under section 5170c of this title not to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.
Increased Federal share for hazard mitigation measures
In general
If, at the time of the declaration of a major disaster or event under section 5187 of this title, a State has in effect an approved mitigation plan under this section, the President may increase to 20 percent, with respect to the major disaster or event under section 5187 of this title, the maximum percentage specified in the last sentence of section 5170c(a) of this title.
Factors for consideration
In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established—
eligibility criteria for property acquisition and other types of mitigation measures;
requirements for cost effectiveness that are related to the eligibility criteria;
a system of priorities that is related to the eligibility criteria; and
a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–288 title III § 322 · 88 Stat. 143
Enacted · 42 U.S.C. § 5165
Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1558
Source evidence
Code source credit
Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1558Disaster Recovery Reform Act of 2018
Pub. L. 115–254 div. D § 1204(b)(2) · 132 Stat. 3187
Inserted · 42 U.S.C. § 5165(e)(1)
Pub. L. 115–254 inserted “or event under section 5187 of this title” after “major disaster” in two places
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 115–254 inserted “or event under section 5187 of this title” after “major disaster” in two places.Enacted provision · exact public law section
(2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by inserting “or event under section 420” after “major disaster” each place it appears.Effective date note
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2018—Subsec. (e)(1). Pub. L. 115–254 inserted “or event under section 5187 of this title” after “major disaster” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after , and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after , except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
Credits
2000–2018 · 2 acts
- 2000Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), , 114 Stat. 1558
- 2018amended Pub. L. 115–254, div. D, § 1204(b)(2), , 132 Stat. 3439.
Show as published
(Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), , 114 Stat. 1558; amended Pub. L. 115–254, div. D, § 1204(b)(2), , 132 Stat. 3439.)