42-U.S.C.-5165
§5165 – Mitigation Planning
Pathway
Title 42 > Chapter 68 > Subchapter III > Section 5165
Details
- Reference: Section 5165
- Legend: §5165 – Mitigation Planning
- USCode Year: 2011
Provision Content
(a) Requirement of mitigation plan
As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection (e) of this section, 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 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 mitigation measures
(1) In general
If, at the time of the declaration of a major disaster, 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, 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 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.
(Pub. L. 93–288, title III, §322, as added Pub. L. 106–390, title I, §104(a), Oct. 30, 2000, 114 Stat. 1558.)
U.S. Encyclopedia of Law Coverage
42-U.S.C.-5165 in the Legal Encyclopedia: Public Health
In this entry about 42-U.S.C.-5165, find legal reference material, bibliographies and premiere content related to public health in the American Encyclopedia of Law, presenting a comprehensive view of the United States public health-specific issues, written by authorities in the field.
42-U.S.C.-5154A in the Legal Encyclopedia: Disaster Relief
In this entry about 42-U.S.C.-5154A, find legal reference material, bibliographies and premiere content related to disaster relief in the American Encyclopedia of Law, presenting a comprehensive view of the United States disaster relief-specific issues, written by authorities in the field.
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