Predisaster hazard mitigation
Definition of small impoverished community
Establishment of program
Approval by President
State recommendations
In general
Recommendations
Deadline for submission
Criteria
Use
In general
Extraordinary circumstances
Effect of failure to nominate
Uses of technical and financial assistance
In general
Technical and financial assistance provided under this section—
shall be used by States and local governments principally to implement predisaster hazard mitigation measures that are cost-effective and are described in proposals approved by the President under this section; and
may be used—
to support effective public-private natural disaster hazard mitigation partnerships;
to improve the assessment of a community’s vulnerability to natural hazards;
to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community; or
to establish and carry out enforcement activities and implement the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters.
Dissemination
Allocation of funds
In general
Minimum and maximum amounts
In providing financial assistance under this section, the President shall ensure that the amount of financial assistance made available to a State (including amounts made available to local governments of the State) for a fiscal year—
is not less than the lesser of—
$575,000; or
the amount that is equal to 1 percent of the total funds appropriated to carry out this section for the fiscal year; and
does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.
Redistribution of unobligated amounts
The President may—
withdraw amounts of financial assistance made available to a State (including amounts made available to local governments of a State) under this subsection that remain unobligated by the end of the third fiscal year after the fiscal year for which the amounts were allocated; and
in the fiscal year following a fiscal year in which amounts were withdrawn under subparagraph (A), add the amounts to any other amounts available to be awarded on a competitive basis pursuant to paragraph (1).
Criteria for assistance awards
In determining whether to provide technical and financial assistance to a State or local government under this section, the President shall provide financial assistance only in States that have received a major disaster declaration in the previous 7 years, or to any Indian tribal government located partially or entirely within the boundaries of such States, and take into account—
the extent and nature of the hazards to be mitigated;
the degree of commitment of the State or local government to reduce damages from future natural disasters;
the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard mitigation measures to be carried out using the technical and financial assistance;
the extent to which the hazard mitigation measures to be carried out using the technical and financial assistance contribute to the mitigation goals and priorities established by the State;
the extent to which the technical and financial assistance is consistent with other assistance provided under this chapter;
the extent to which prioritized, cost-effective mitigation activities that produce meaningful and definable outcomes are clearly identified;
if the State or local government has submitted a mitigation plan under section 5165 of this title, the extent to which the activities identified under paragraph (6) are consistent with the mitigation plan;
the opportunity to fund activities that maximize net benefits to society;
the extent to which assistance will fund mitigation activities in small impoverished communities;
the extent to which the State, local, Indian tribal, or territorial government has facilitated the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards, including amendments made by State, local, Indian tribal, or territorial governments during the adoption process that incorporate the latest hazard-resistant designs and establish criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this chapter for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters;
the extent to which the assistance will fund activities that increase the level of resiliency; and
such other criteria as the President establishes in consultation with State and local governments.
Federal share
In general
Small impoverished communities
National public infrastructure predisaster mitigation assistance
In general
Estimated aggregate amount
No reduction in amounts
Multihazard advisory maps
Definition of multihazard advisory map
Development of maps
Use of technology
Use of maps
Advisory nature
Availability of maps
The multihazard advisory maps shall be made available to the appropriate State and local governments for the purposes of—
informing the general public about the risks of natural hazards in the areas described in paragraph (2);
supporting the activities described in subsection (e); and
other public uses.
Report on Federal and State administration
Prohibition on earmarks
Definition
Prohibition
Certification to Congress
Latest published editions
Source
(Pub. L. 93–288, title II, § 203, as added Pub. L. 106–390, title I, § 102(a),Notes
Amendment of Section
References in Text
Amendments
Effective Date of 2018 Amendment
Findings
The predisaster hazard mitigation program has been successful and cost-effective. Funding from the predisaster hazard mitigation program has successfully reduced loss of life, personal injuries, damage to and destruction of property, and disruption of communities from disasters.
The predisaster hazard mitigation program has saved Federal taxpayers from spending significant sums on disaster recovery and relief that would have been otherwise incurred had communities not successfully applied mitigation techniques.
A 2007 Congressional Budget Office report found that the predisaster hazard mitigation program reduced losses by roughly $3 (measured in 2007 dollars) for each dollar invested in mitigation efforts funded under the predisaster hazard mitigation program. Moreover, the Congressional Budget Office found that projects funded under the predisaster hazard mitigation program could lower the need for post-disaster assistance from the Federal Government so that the predisaster hazard mitigation investment by the Federal Government would actually save taxpayer funds.
A 2005 report by the Multihazard Mitigation Council showed substantial benefits and cost savings from the hazard mitigation programs of the Federal Emergency Management Agency generally. Looking at a range of hazard mitigation programs of the Federal Emergency Management Agency, the study found that, on average, $1 invested by the Federal Emergency Management Agency in hazard mitigation provided the Nation with roughly $4 in benefits. Moreover, the report projected that the mitigation grants awarded between 1993 and 2003 would save more than 220 lives and prevent nearly 4,700 injuries over approximately 50 years.
Given the substantial savings generated from the predisaster hazard mitigation program in the years following the provision of assistance under the program, increasing funds appropriated for the program would be a wise investment.”
Findings and Purpose
Findings.—
Congress finds that—
natural disasters, including earthquakes, tsunamis, tornadoes, hurricanes, flooding, and wildfires, pose great danger to human life and to property throughout the United States;
greater emphasis needs to be placed on—
identifying and assessing the risks to States and local governments (including Indian tribes) from natural disasters;
implementing adequate measures to reduce losses from natural disasters; and
ensuring that the critical services and facilities of communities will continue to function after a natural disaster;
expenditures for postdisaster assistance are increasing without commensurate reductions in the likelihood of future losses from natural disasters;
in the expenditure of Federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), high priority should be given to mitigation of hazards at the local level; and
with a unified effort of economic incentives, awareness and education, technical assistance, and demonstrated Federal support, States and local governments (including Indian tribes) will be able to—
form effective community-based partnerships for hazard mitigation purposes;
implement effective hazard mitigation measures that reduce the potential damage from natural disasters;
ensure continued functionality of critical services;
leverage additional non-Federal resources in meeting natural disaster resistance goals; and
make commitments to long-term hazard mitigation efforts to be applied to new and existing structures.
Purpose.—
The purpose of this title [enacting this section and sections 5134, 5165 and 5165a of this title, amending section 5170c of this title, and repealing section 5176 of this title] is to establish a national disaster hazard mitigation program—
to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters; and
to provide a source of predisaster hazard mitigation funding that will assist States and local governments (including Indian tribes) in implementing effective hazard mitigation measures that are designed to ensure the continued functionality of critical services and facilities after a natural disaster.”