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- cial responsibility under such cost-sharing provisions— (A) with respect to concurrent, multiple major disasters in a jurisdiction, or (B) after incurring extraordinary costs as a result of a particular disaster; and (2) the damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the applicant or the State to assume immediately their financial respon- sibility under this chapter. (b) Terms of loans and advances (1) In general Any loan or advance under this section shall be repaid to the United States. (2) Interest Loans and advances under this section shall bear interest at a rate determined by the Sec- retary of the Treasury, taking into consider- ation the current market yields on out- standing marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of the loan or advance. (c) Regulations The President shall issue regulations describ- ing the terms and conditions under which any loan or advance authorized by this section may be made. (Pub. L. 93–288, title III, § 319, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. § 5163. Limitation on use of sliding scales No geographic area shall be precluded from re- ceiving assistance under this chapter solely by virtue of an arithmetic formula or sliding scale based on income or population. (Pub. L. 93–288, title III, § 320, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. § 5164. Rules and regulations The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this chapter, and may exercise, either directly or through such Federal agency as the President may designate, any power or authority conferred to the Presi- dent by this chapter. (Pub. L. 93–288, title III, § 321, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. § 5165. Mitigation planning (a) Requirement of mitigation plan As a condition of receipt of an increased Fed- eral share for hazard mitigation measures under subsection (e), a State, local, or tribal govern- ment 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— Page 6383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5165b (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 mitiga- tion 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 plan- ning; and (4) identify and prioritize mitigation actions that the State will support, as resources be- come available. (d) Funding (1) 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. (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 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 mitiga- tion measures (1) 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 mitiga- tion 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. (2) Factors for consideration In determining whether to increase the max- imum percentage under paragraph (1), the President shall consider whether the State has established— (A) eligibility criteria for property acquisi- tion 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. (Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1558; amended Pub. L. 115–254, div. D, § 1204(b)(2), Oct. 5, 2018, 132 Stat. 3439.) 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 Presi- dent 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 sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. § 5165a. Minimum standards for public and pri- vate structures (a) In general As a condition of receipt of a disaster loan or grant under this chapter— (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 con- formity 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 chapter shall provide such evidence of com- pliance with this section as the President may require by regulation. (Pub. L. 93–288, title III, § 323, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1559.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. § 5165b. Management costs (a) Definition of management cost In this section, the term ‘‘management cost’’ includes any indirect cost, any direct adminis- trative cost, and any other administrative ex- pense associated with a specific project under a major disaster, emergency, or disaster prepared- ness or mitigation activity or measure. (b) Establishment of management cost rates (1) In general Notwithstanding any other provision of law (including any administrative rule or guid- ance), the President shall by regulation imple- ment management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this chapter for manage- ment costs. (2) Specific management costs The Administrator of the Federal Emer- gency Management Agency shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indi- rect costs of administering the following pro- grams: