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42 U.S.C. § 5165 — Mitigation planning

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5165 — Mitigation planning

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Stable record: federal_law:legal_authorities:record_usc_23cc999cc59ab95fc48df11c
Source file: Laws/federal/codes/united-states-code/title-42/section-5165-mitigation-planning--ac9fdcd24e.md
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Source location: Title 42, Chapter 68, § 5165; chapter-068-disaster-relief.md

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**(a) Requirement of mitigation plan** As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under the jurisdiction of the government. **(b) Local and tribal plans** Each mitigation plan developed by a local or tribal government shall— (1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and (2) establish a strategy to implement those actions. **(c) State plans** The State process of development of a mitigation plan under this section shall— (1) identify the natural hazards, risks, and vulnerabilities of areas in the State; (2) support development of local mitigation plans; (3) provide for technical assistance to local and tribal governments for mitigation planning; and (4) identify and prioritize mitigation actions that the State will support, as resources become available. **(d) Funding** (1) **In general** — Federal contributions under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim) may be used to fund the development and updating of mitigation plans under this section. (2) **Maximum Federal contribution** — With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim) not to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government. **(e) Increased Federal share for hazard mitigation measures** (1) **In general** — If, at the time of the declaration of a major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim), the maximum percentage specified in the last sentence of [section 5170c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c/a&num=0&edition=prelim). (2) **Factors for consideration** — In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established— (A) eligibility criteria for property acquisition and other types of mitigation measures; (B) requirements for cost effectiveness that are related to the eligibility criteria; (C) a system of priorities that is related to the eligibility criteria; and (D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). Such measures shall be identified following the evaluation of natural hazards under [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim) and shall be subject to approval by the President. Subject to [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim), the total of contributions under this section for a major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). **(b) Property acquisition and relocation assistance** (1) **General authority** — In providing hazard mi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5187 — 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 5170b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170b&num=0&edition=prelim). **(d) Hazard mitigation assistance** Whether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim) in any area affected by a fire for which assistance was provided under this section. **(e) Rules and regulations** The President shall prescribe such rules and regulations as are necessary to carry out this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5187

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 176 — Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program

**(a) Definitions.—** In this section: (1) **Emergency event.—** — The term “emergency event” means a natural disaster or catastrophic failure resulting in— (A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or (B) an emergency or disaster declared by the President. (2) **Evacuation route.—** — The term “evacuation route” means a transportation route or system that— (A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; (B) is used— (i) to transport the public away from emergency events; or (ii) to transport emergency responders and recovery resources; and (C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B). (3) **Program.—** — The term “program” means the program established under subsection (b)(1). (4) **Resilience improvement.—** — The term “resilience improvement” means the use of materials or structural or nonstructural techniques, including natural infrastructure— (A) that allow a project— (i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and (ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or (B) that— (i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or (ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters. **(b) Establishment.—** (1) **In general.—** — The Secretar

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 176

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5133 — Predisaster hazard mitigation

**(a) Definition of small impoverished community** In this section, the term “small impoverished community” means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. **(b) Establishment of program** The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments. **(c) Approval by President** If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the “Fund”), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e). **(d) State recommendations** (1) **In general** (A) *Recommendations* — The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section. (B) *Deadline for submission* — The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish. (C) *C

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5133

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5135 — Grants to entities for establishment of hazard mitigation revolving loan funds

**(a) General authority** (1) **In general** — The Administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan funds (referred to in this section as “entity loan funds”) for providing funding assistance to local governments to carry out eligible projects under this section to reduce disaster risks for homeowners, businesses, nonprofit organizations, and communities in order to decrease— (A) the loss of life and property; (B) the cost of insurance; and (C) Federal disaster payments. (2) **Agreements** — Any agreement entered into under this section shall require the participating entity to— (A) comply with the requirements of this section; and (B) use accounting, audit, and fiscal procedures conforming to generally accepted accounting standards. **(b) Application** (1) **In general** — To be eligible to receive a capitalization grant under this section, an eligible entity shall submit to the Administrator an application that includes the following: (A) Project proposals comprised of local government hazard mitigation projects, on the condition that the entity provides public notice not less than 6 weeks prior to the submission of an application. (B) An assessment of recurring major disaster vulnerabilities impacting the entity that demonstrates a risk to life and property. (C) A description of how the hazard mitigation plan of the entity has or has not taken the vulnerabilities described in subparagraph (B) into account. (D) A description about how the projects described in subparagraph (A) could conform with the hazard mitigation plan of the entity and of the unit of local government. (E) A proposal of the systematic and regional

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5135

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5172 — Repair, restoration, and replacement of damaged facilities

**(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; (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; and (D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared. (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5172

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5165 — Mitigation planning

Page 6382 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5162 Management Agency shall not reimburse a State or local government, an Indian tribal gov- ernment (as defined in section 5122 of this title), or the owner or operator of a private nonprofit facility (as defined in section 5122 of this title) for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits the Administrator or the Comptroller General of the United States from auditing or otherwise re- viewing all aspects relating to the contract. (Pub. L. 115–254, div. D, § 1225, Oct. 5, 2018, 132 Stat. 3458.) Editorial Notes CODIFICATION Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthoriza- tion Act of 2018, and not as part of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Authorities provided under div. D of Pub. L. 115–254, which enacted this section, applicable to each major disaster and emergency declared by the President under Pub. L. 93–288 on or after Jan. 1, 2016, except as otherwise provided, see section 1202(b) of Pub. L. 115–254, set out in an Effective Date of 2018 Amendment note under section 5121 of this title. DEFINITIONS For definitions of ‘‘Administrator’’ and ‘‘State’’ as used in this section, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title. § 5162. Advance of non-Federal share (a) In general The President may lend or advance to an eligi- ble applicant or a State the portion of assist- ance for which the State is responsible under the cost-sharing provisions of this chapter in any case in which— (1) the State is unable to assume its finan

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5165

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