Public Law 103-325 (FMA)

P.L. .. u •..,.·..., ...
553

.J

LAWS OF l03rd CONG - 2nd SESS.

Sept. 23

MITIGATION ASSISTANCE PROGRAM.
III the National Flood Insurance Act of 1968
title, is
(42
4101 et seq.), as amended by
further amended by adding at the end the

"MITIGA TION
42

USC 41 04c.

1366. (a) AUTHORITY.-Director shall carry out a
to
provide financial assistance to
and communities, using amounts made
available
the National Flood Mitigation Fund under section 1367, for
planning
carrying out activities designed to reduce the risk of flood damage
to structures covered under contracts for flood insurance under this title. Such
financial assistance shall
available to
and
in the fonn
of grants under subsection (b) for planning
of
this
for carrying out mitigation activities.

"(b) PLA1\'NING ASSISTANCE

"( \) IN
may
under this
and communities to assist
mitigation
subsection to
plans under subsection (c).
"(2) FUNDlNG.-- Of any amounts made available from the National
Flood Mitigation Fund for use under this section
any fiscal year, the
may use not more than $\,500,000 to
planning
grants under this subsection.
"(3) LiMITATIONS.-­
"(A)
A
under this subsection may be
awarded to a State or community not more than once every 5
years and each grant may cover a period of 1 to 3 years.
"(8)
AMOUNT.-- A
for planning
may not exceed
"0) $\50,000, to any
or
"(ii) $50,000, to any community.
"(C) CLMULATIVE
AMOUNT.-- The sum of
amounts of
made under this subsection in any fiscal
year to anyone
and all communities
in such
may not exceed $300,000.
"(c) ELIGIBILITY FOR MITIGATION ASS[STANCE.-- To be eligible to receive
under this section for mitigation activities, a State or
community shall
and
approved by the Director, a flood risk
mitigation plan (in this section
to as a 'mitigation plan'), that
the mitigation
to be carried out with assistance provided under this
section, is consistent with the criteria established by the Director under
1361, and provides protection
flood
to structures
which
contracts for flood
are available under this title. The mitigation plan
shall
consistent with a comprehensive strategy
mitigation activities for the
area affected by
mitigation plan, that has been adopted by the State or
a public hearing.
ApPROVAL AND GRANT AWARD.-­
"( I) IN
The Director shall notify a
or community
submitting a mitigation plan the approval or [2271] disapproval the

108 STAT. 2270

Sept.23

P.L. 103-325
Sec. 553

RIEGLE COMMUNITY

plan not later than 120 days
"(2) NOTIFICATION OF
mitigation plan submitted under
the State or community submitting the plan

not approve a
shall notifY, in writing,
sllch disapproval.

ELIGIBLE MITIGATION ACTJVITJES.-­
I)
OF AMOLJNTS.-­

under subsection (b))
mitigation plan
provide assistance
National Flood
absence of
"(2)
mitigation plans
technically feasible and
that are cost-beneficial to
"(3) STANDARD FOR
plans meeting the requirements
cost-beneficial to the National
"(4) PRIORITY.-­

assistance under
loss structures and structures
"(5) ELIGIBLE
activities
in a mitigation
the requirements under
"(A) demolition or
along the shore
appropriate
collapse or
"(B) elevation,

(includ
public

other areas
flood

"(C) acquisition

public properties)

of flood risk

the

such area;

"(D)

commumtles of properties (including
flood hazards or other areas
by flood, for public lise, as
with sound land management and use in
that do not duplicate the flood
and that lessen the frequency
predicted flood damages, which shall not
such as dikes, levees, seawalls, groins,
specifically detennines in approving a
the most cost-effective mitigation

108 STAT. 2271

LAWS OF l03rd CONG - 2nd SESS.

Sept. 23

by States to
"(F) the provision of technical
mitigation activities;
communities and individuals to conduct
appropriate and
"(G)
activities that the Director
in regulation; and
in subparagraphs
"(H) other
subparagraph (G),
(A) through
or
issued
or community.
that are described in the mitigation plan of a
LIMITATIONS ON AMOUNT OF ASSISTANCE.-­
1) AMOUNT.-sum of the amounts of mitigation
provided under
section during any
period may not eX(~eed-"(A) $lO,OOO,OOO, to any State; or
"(8) $3,300,000, to any community.
"(2)
The sum of the amounts
mitigation
provided under this
period to anyone State and
all communities located in such
not exceed $20,000,000.
"(3) WAIVER.-Director may waive the
amount limitations
under paragraphs (I) and (2) for any State or community for any
period during which a major
or emergency declared by
President (pursuant to the Robert T. Stafford
Relief and
Act) as a result
flood cond
is in effect with
respect to areas in the State or community.
REMENT.-­
"(g) MATCHING
"( I) IN
The Director may not provide
to a State or community in an amount
under this
3 times the amount that the State or community certifies, as
Director shal.l
that
or community will contribute from
non-Federal funds to develop a mitigation plan under subsection (c) and to
carry out m
activities under the approved mitigation plan. In no
case shall any in-kind contribution by any
half
the amount of non-Federal funds
community.
"(2) NON-FEDERAL FUNDS.-- For purposes of this subsection, the
term •
funds'
or local
funds, in-kind
mitigation,
contributions, any salary paid to
contributed by
of the recipient, the value of the
(at a rate determined by the
volunteers to carry out such
Director),
the value of any donated material or
Iding and
of
on a building.
THE DIRECTOR
MITIGATION
OF MITIGATION
this
section to ensure that the assistance is
in compliance with the approved
plans of the recipients and that matching funds certified under
subsection
are
in accordance with
certification.
"0) RECAPTURE.-­
1) NONCOMPLIANCE WITH
a
State or community that has
this
has not carried out
mitigation plan, the Director shall

108 STAT. 2272

RIEGLE COMMUNITY DEVELOPMENT

P.L. 103-325

554

National Flood Mitigation Fund
deposit the amounts in
1367
the Director
To PROVIDE MATCHfNG
or community that
received mitigation assistance
under this
has not provided matching funds in the amount certified
under subsection (g), the Director shall recapture any unexpended amounts
mitigation assistance exceeding 3 times the amount of such
funds
Iy provided
deposit the amounts in
National
Mitigation Fund under
1367.
"0)
Not later than 1 year after the
of enactment of the
Riegle Community Development and Regulatory Improvement
biennially
the Director shall submit a report to the
activities
out with
status of
section.
"(k) DEFJNITION
COMMUNITY.-­
purposes of this section, the term
'community' means-­
"(I) a
subdivision that (A) has
and building code
jurisdiction over a particular area having special
and (8) is
participating in the national flood insurance
. or
"(2) a political subdivision of a State, or other authority, that is
designated to develop and administer a mitigation plan by political
subdivisions, all of which meet the requirements of paragraph (I ).".
(b)
Not
than 6 months
date of enactment of 42 USC 4104c
Act,
Director
the
Management Agency shall issue note.
regulations to carry out section 1366 of the National Flood
Act
1968,
as added by subsection (a).
SEC.

(42

ESTABLISHMENT OF NATIONAL FLOOD MITIGATION
FUND.
(a) IN
III
the National Flood Insurance Act
1968
as amended
the preceding provisions of this
is
4101 et

further amended by adding at the end the following new
"NATIONAL FLOOD MITlGATION FUND
42

"SEC. I

AND
The Director
of the United States a
known as the National
which shall
credited with amounts described in
subsection (b) and shall
available, to the extent provided in appropriation Acts,
Istance under section 1366.
National Flood Mitigation
shall be credited with­
"(1) amounts from
National Flood Insurance
in amounts not
"(A) $JO,OOO,OOO in
fiscal year
30,1994;
$15,000,000 in
fiscal
ending September 30, 1
"(C) $20,000,000 in the
year ending September 30, 1996;
and
"(D) $20,000,000 in each fiscal year hpr'Pl'lttpr'
any penalties collected under section 102(f)
the Flood
Protection Act of 1973;

108 STAT 2273

USC 4]04d

note.