42 USC § 5165 - Mitigation planning

# § 5165. Mitigation planning

**(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** section 5170c of this title

Federal contributions under  may be used to fund the development and updating of mitigation plans under this section.

**(2)** **Maximum Federal contribution** section 5170c of this title

With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under  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** section 5187 of this titlesection 5187 of this titlesection 5170c(a) of this title

If, at the time of the declaration of a major disaster or event under , 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 , the maximum percentage specified in the last sentence of .

**(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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**Source Credit**: (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).  inserted “or event under ” after “major disaster” in two places.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  applicable to each major disaster and emergency declared by the President on or after , and authorities provided under div. D of  applicable to each major disaster and emergency declared by the President on or after , except as otherwise provided, see , set out as a note under .