42 USC 5133 - Predisaster hazard mitigation

View all text of Subchapter II [§ 5131 - § 5136a]

§ 5133. Predisaster hazard mitigation

(a) Definition of small impoverished community

(b) Establishment of program

(d) State recommendations

(1) In general

(A) Recommendations

(B) Deadline for submission

(2) Use

(A) In general

(B) Extraordinary circumstances

(3) Effect of failure to nominate

(e) Uses of technical and financial assistance

(1) In generalTechnical and financial assistance provided under this section—

(A) 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

(B) may be used—

(i) to support effective public-private natural disaster hazard mitigation partnerships;

(ii) to improve the assessment of a community’s vulnerability to natural hazards;

(iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community; or

(iv) 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.

(2) Dissemination

(f) Allocation of funds

(1) In general

(2) Minimum and maximum amountsIn 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—

(A) is not less than the lesser of—

(i) $575,000; or

(ii) the amount that is equal to 1 percent of the total funds appropriated to carry out this section for the fiscal year; and

(B) 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.

(3) Redistribution of unobligated amountsThe President may—

(A) 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

(B) 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).

(g) Criteria for assistance awardsIn 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—

(1) the extent and nature of the hazards to be mitigated;

(2) the degree of commitment of the State or local government to reduce damages from future natural disasters;

(3) 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;

(4) 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;

(5) the extent to which the technical and financial assistance is consistent with other assistance provided under this chapter;

(6) the extent to which prioritized, cost-effective mitigation activities that produce meaningful and definable outcomes are clearly identified;

(7) 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;

(8) the opportunity to fund activities that maximize net benefits to society;

(9) the extent to which assistance will fund mitigation activities in small impoverished communities;

(10) 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;

(11) the extent to which the assistance will fund activities that increase the level of resiliency; and

(12) such other criteria as the President establishes in consultation with State and local governments.

(h) Federal share

(1) In general

(2) Small impoverished communities

(i) National public infrastructure predisaster mitigation assistance

(1) In general

(2) Estimated aggregate amount

(3) No reduction in amounts

(j) Multihazard advisory maps

(1) Definition of multihazard advisory map

(2) Development of maps

(3) Use of technology

(4) Use of maps

(A) Advisory nature

(B) Availability of mapsThe multihazard advisory maps shall be made available to the appropriate State and local governments for the purposes of—

(i) informing the general public about the risks of natural hazards in the areas described in paragraph (2);

(ii) supporting the activities described in subsection (e); and

(iii) other public uses.

(k) Report on Federal and State administration

(l) Prohibition on earmarks

(1) Definition

(2) Prohibition

(3) Certification to Congress

(Pub. L. 93–288, title II, § 203, as added Pub. L. 106–390, title I, § 102(a), Oct. 30, 2000, 114 Stat. 1553; amended Pub. L. 108–199, div. H, § 135, Jan. 23, 2004, 118 Stat. 441; Pub. L. 108–447, div. J, title I, § 105, Dec. 8, 2004, 118 Stat. 3343; Pub. L. 109–139, § 2, Dec. 22, 2005, 119 Stat. 2649; Pub. L. 110–329, div. D, title V, § 553, Sept. 30, 2008, 122 Stat. 3690; Pub. L. 111–83, title V, § 543, Oct. 28, 2009, 123 Stat. 2176; Pub. L. 111–351, §§ 3(a), (b), 4, Jan. 4, 2011, 124 Stat. 3864; Pub. L. 115–254, div. D, § 1234(a), (d), Oct. 5, 2018, 132 Stat. 3461, 3463.)