Hazard Mitigation (42 U.S.C. Section 5170c)

§ 5170c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

The Fair Labor Standards Act of 1938, referred to in
subsec. (d)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060,
which is classified generally to chapter 8 (§ 201 et seq.)
of Title 29, Labor. For complete classification of this
Act to the Code, see section 201 of Title 29 and Tables.
PRIOR PROVISIONS
A prior section 403 of Pub. L. 93–288 was renumbered
section 407 by Pub. L. 100–707 and is classified to section
5173 of this title.
AMENDMENTS
2018—Subsec. (a)(3)(J). Pub. L. 115–254 struck out subpar. (J) added by Pub. L. 109–308, which was identical to
subpar. (J) added by Pub. L. 109–295. See 2006 Amendment note below.
2013—Subsec. (d). Pub. L. 113–2 added subsec. (d).
2006—Subsec. (a)(2), (3)(B). Pub. L. 109–295, § 689(b)(1),
(2)(A), inserted ‘‘durable medical equipment,’’ after
‘‘medicine’’.
Subsec. (a)(3)(J). Pub. L. 109–295, § 689(b)(2)(B)–(D), and
Pub. L. 109–308 amended par. (3) by adding identical
subpars. (J).
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–254 applicable to each
major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided
under div. D of Pub. L. 115–254 applicable to each major
disaster and emergency declared by the President on or
after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

§ 5170c. Hazard mitigation
(a) In general
The President may contribute up to 75 percent
of the cost of hazard mitigation measures which
the President has determined are cost effective
and which substantially reduce the risk of, or
increase resilience to, future damage, hardship,
loss, or suffering in any area affected by a major
disaster, or any area affected by a fire for which
assistance was provided under section 5187 of
this title. Such measures shall be identified following the evaluation of natural hazards under
section 5165 of this title and shall be subject to
approval by the President. Subject to section
5165 of this title, the total of contributions
under this section for a major disaster or event
under section 5187 of this title shall not exceed
15 percent for amounts not more than
$2,000,000,000, 10 percent for amounts of more
than
$2,000,000,000
and
not
more
than
$10,000,000,000, and 7.5 percent on amounts of
more than $10,000,000,000 and not more than
$35,333,000,000 of the estimated aggregate
amount of grants to be made (less any associated administrative costs) under this chapter
with respect to the major disaster or event
under section 5187 of this title.
(b) Property acquisition and relocation assistance
(1) General authority
In providing hazard mitigation assistance
under this section in connection with flooding,
the Administrator of the Federal Emergency
Management Agency may provide property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).

Page 5968

(2) Terms and conditions
An acquisition or relocation project shall be
eligible to receive assistance pursuant to paragraph (1) only if—
(A) the applicant for the assistance is otherwise eligible to receive assistance under
the hazard mitigation grant program established under subsection (a); and
(B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides
assurances that—
(i) any property acquired, accepted, or
from which a structure will be removed
pursuant to the project will be dedicated
and maintained in perpetuity for a use
that is compatible with open space, recreational, or wetlands management practices;
(ii) no new structure will be erected on
property acquired, accepted or from which
a structure was removed under the acquisition or relocation program other than—
(I) a public facility that is open on all
sides and functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before the
commencement of the construction of
the structure; and
(iii) after receipt of the assistance, with
respect to any property acquired, accepted
or from which a structure was removed
under the acquisition or relocation program—
(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any
Federal entity; and
(II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source.
(3) Statutory construction
Nothing in this subsection is intended to
alter or otherwise affect an agreement for an
acquisition or relocation project carried out
pursuant to this section that was in effect on
the day before December 3, 1993.
(c) Program administration by States
(1) In general
A State desiring to administer the hazard
mitigation grant program established by this
section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the
authority to administer the program.
(2) Criteria
The President, in consultation and coordination with States and local governments, shall
establish criteria for the approval of applications submitted under paragraph (1). Until
such time as the Administrator promulgates
regulations to implement this paragraph, the
Administrator may waive notice and comment
rulemaking, if the Administrator determines
doing so is necessary to expeditiously implement this section, and may carry out this sec-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion as a pilot program. The criteria shall include, at a minimum—
(A) the demonstrated ability of the State
to manage the grant program under this section;
(B) there being in effect an approved mitigation plan under section 5165 of this title;
and
(C) a demonstrated commitment to mitigation activities.
(3) Approval
The President shall approve an application
submitted under paragraph (1) that meets the
criteria established under paragraph (2).
(4) Withdrawal of approval
If, after approving an application of a State
submitted under paragraph (1), the President
determines that the State is not administering the hazard mitigation grant program
established by this section in a manner satisfactory to the President, the President shall
withdraw the approval.
(5) Audits
The President shall provide for periodic audits of the hazard mitigation grant programs
administered by States under this subsection.
(d) Streamlined procedures
(1) In general
For the purpose of providing assistance
under this section, the President shall ensure
that—
(A) adequate resources are devoted to ensure that applicable environmental reviews
under the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.] and historic preservation reviews under the National Historic Preservation Act 1 are completed on an expeditious basis; and
(B) the shortest existing applicable process
under the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic Preservation Act 1 is utilized.
(2) Authority for other expedited procedures
The President may utilize expedited procedures in addition to those required under paragraph (1) for the purpose of providing assistance under this section, such as procedures
under the Prototype Programmatic Agreement of the Federal Emergency Management
Agency, for the consideration of multiple
structures as a group and for an analysis of
the cost-effectiveness and fulfillment of costshare requirements for proposed hazard mitigation measures.
(e) Advance assistance
The President may provide not more than 25
percent of the amount of the estimated cost of
hazard mitigation measures to a State grantee
eligible for a grant under this section before eligible costs are incurred.
(f) Use of assistance
Recipients of hazard mitigation assistance
provided under this section and section 5133 of
this title may use the assistance to conduct ac1 See

References in Text note below.

§ 5170c

tivities to help reduce the risk of future damage,
hardship, loss, or suffering in any area affected
by a wildfire or windstorm, such as—
(1) reseeding ground cover with quick-growing or native species;
(2) mulching with straw or chipped wood;
(3) constructing straw, rock, or log dams in
small tributaries to prevent flooding;
(4) placing logs and other erosion barriers to
catch sediment on hill slopes;
(5) installing debris traps to modify road and
trail drainage mechanisms;
(6) modifying or removing culverts to allow
drainage to flow freely;
(7) adding drainage dips and constructing
emergency spillways to keep roads and bridges
from washing out during floods;
(8) planting grass to prevent the spread of
noxious weeds;
(9) installing warning signs;
(10) establishing defensible space measures;
(11) reducing hazardous fuels;
(12) mitigating windstorm damage, including
replacing or installing electrical transmission
or distribution utility pole structures with
poles that are resilient to extreme wind and
combined ice and wind loadings for the basic
wind speeds and ice conditions associated with
the relevant location;
(13) removing standing burned trees; and
(14) replacing water systems that have been
burned and have caused contamination.
(g) Use of assistance for earthquake hazards
Recipients of hazard mitigation assistance
provided under this section and section 5133 of
this title may use the assistance to conduct activities to help reduce the risk of future damage,
hardship, loss, or suffering in any area affected
by earthquake hazards, including—
(1) improvements to regional seismic networks in support of building a capability for
earthquake early warning;
(2) improvements to geodetic networks in
support of building a capability for earthquake early warning; and
(3) improvements to seismometers, Global
Positioning System receivers, and associated
infrastructure in support of building a capability for earthquake early warning.
(Pub. L. 93–288, title IV, § 404, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4698; amended Pub. L. 103–181, §§ 2(a), 3, Dec. 3,
1993, 107 Stat. 2054; Pub. L. 106–390, title I,
§ 104(c)(1), title II, § 204, Oct. 30, 2000, 114 Stat.
1559, 1561; Pub. L. 108–7, div. K, title IV, § 417,
Feb. 20, 2003, 117 Stat. 525; Pub. L. 109–295, title
VI, § 684, Oct. 4, 2006, 120 Stat. 1447; Pub. L.
111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864; Pub.
L. 113–2, div. B, § 1104(a), (b), Jan. 29, 2013, 127
Stat. 43; Pub. L. 115–254, div. D, §§ 1204(b)(1), 1205,
1233, 1235(a), Oct. 5, 2018, 132 Stat. 3439, 3460,
3463.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is Pub. L. 91–190, Jan. 1, 1970,

§ 5170c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

83 Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4321 of this title and Tables.
The National Historic Preservation Act, referred to
in subsec. (d)(1), is Pub. L. 89–665, Oct. 15, 1966, 80 Stat.
915, which was classified generally to subchapter II
(§ 470 et seq.) of chapter 1A of Title 16, Conservation.
The Act, except for section 1, was repealed and restated
in division A (§ 300101 et seq.) of subtitle III of Title 54,
National Park Service and Related Programs, by Pub.
L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For
complete classification of this Act to the Code, see Tables. For disposition of former sections of Title 16, see
Disposition Table preceding section 100101 of Title 54.
PRIOR PROVISIONS
A prior section 404 of Pub. L. 93–288 was classified to
section 5174 of this title prior to repeal by Pub. L.
100–707.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–254, § 1204(b)(1), inserted
‘‘, or any area affected by a fire for which assistance
was provided under section 5187 of this title’’ after ‘‘affected by a major disaster’’ in first sentence as inserted
by section 1235(a) of Pub. L. 115–254, and inserted ‘‘or
event under section 5187 of this title’’ after ‘‘major disaster’’ in two places in third sentence.
Pub. L. 115–254, § 1235(a), substituted ‘‘The President
may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are cost effective and which substantially reduce
the risk of, or increase resilience to, future damage,
hardship, loss, or suffering in any area affected by a
major disaster.’’ for ‘‘The President may contribute up
to 75 percent of the cost of hazard mitigation measures
which the President has determined are cost-effective
and which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by
a major disaster.’’
Subsec. (f). Pub. L. 115–254, § 1205, added subsec. (f).
Subsec. (g). Pub. L. 115–254, § 1233, added subsec. (g).
2013—Subsec. (c)(2). Pub. L. 113–2, § 1104(b), inserted
‘‘Until such time as the Administrator promulgates
regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if
the Administrator determines doing so is necessary to
expeditiously implement this section, and may carry
out this section as a pilot program.’’ after ‘‘applications submitted under paragraph (1).’’ in introductory
provisions.
Subsecs. (d), (e). Pub. L. 113–2, § 1104(a), added subsecs.
(d) and (e).
2011—Subsec. (b)(1), (2). Pub. L. 111–351 substituted
‘‘Administrator’’ for ‘‘Director’’ wherever appearing.
2006—Subsec. (a). Pub. L. 109–295, in last sentence,
substituted ‘‘15 percent for amounts not more than
$2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5
percent on amounts of more than $10,000,000,000 and not
more than $35,333,000,000’’ for ‘‘7.5 percent’’.
2003—Subsec. (a). Pub. L. 108–7 substituted ‘‘7.5 percent’’ for ‘‘15 percent’’.
2000—Subsec. (a). Pub. L. 106–390, § 104(c)(1), substituted ‘‘section 5165’’ for ‘‘section 5176’’ in second sentence and ‘‘Subject to section 5165 of this title, the
total’’ for ‘‘The total’’ in third sentence.
Subsec. (c). Pub. L. 106–390, § 204, added subsec. (c).
1993—Pub. L. 103–181 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘75 percent’’
for ‘‘50 percent’’ in first sentence, substituted ‘‘15 percent of the estimated aggregate amount of grants to be
made (less any associated administrative costs) under
this chapter with respect to the major disaster’’ for ‘‘10
percent of the estimated aggregate amounts of grants
to be made under section 5172 of this title with respect
to such major disaster’’ in last sentence, and added subsec. (b).

Page 5970

EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–254 applicable to each
major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided
under div. D of Pub. L. 115–254 applicable to each major
disaster and emergency declared by the President on or
after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 113–2, div. B, § 1104(c), Jan. 29, 2013, 127 Stat.
43, provided that: ‘‘The authority under the amendments made by this section [amending this section]
shall apply to—
‘‘(1) any major disaster or emergency declared
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) on
or after the date of enactment of this division [Jan.
29, 2013]; and
‘‘(2) a major disaster or emergency declared under
that Act before the date of enactment of this division
for which the period for processing requests for assistance has not ended as of the date of enactment of
this division.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–181, § 2(b), Dec. 3, 1993, 107 Stat. 2054, provided that: ‘‘The amendments made by this section
[amending this section] shall apply to any major disaster declared by the President pursuant to The [the]
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after June 10,
1993.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
FUNDING OF A FEDERALLY AUTHORIZED WATER
RESOURCES DEVELOPMENT PROJECT
Pub. L. 115–254, div. D, § 1210(b), Oct. 5, 2018, 132 Stat.
3444, provided that:
‘‘(1) ELIGIBLE ACTIVITIES.—Notwithstanding section
312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and its implementing regulations, assistance provided pursuant to
section 404 of such Act [42 U.S.C. 5170c] may be used to
fund activities authorized for construction within the
scope of a federally authorized water resources development project of the Army Corps of Engineers if such activities are also eligible activities under such section.
‘‘(2) FEDERAL FUNDING.—All Federal funding provided
under section 404 pursuant to this section shall be applied toward the Federal share of such project.
‘‘(3) NON-FEDERAL MATCH.—All non-Federal matching
funds required under section 404 pursuant to this section shall be applied toward the non-Federal share of
such project.
‘‘(4) TOTAL FEDERAL SHARE.—Funding provided under
section 404 pursuant to this section may not exceed the
total Federal share for such project.
‘‘(5) NO EFFECT.—Nothing in this section shall—

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(A) affect the cost-share requirement of a hazard
mitigation measure under section 404;
‘‘(B) affect the eligibility criteria for a hazard mitigation measure under section 404;
‘‘(C) affect the cost share requirements of a federally authorized water resources development project;
and
‘‘(D) affect the responsibilities of a non-Federal interest with respect to the project, including those related to the provision of lands, easements, rights-ofway, dredge material disposal areas, and necessary
relocations.
‘‘(6) LIMITATION.—If a federally authorized water resources development project of the Army Corps of Engineers is constructed with funding provided under section 404 pursuant to this subsection, no further Federal
funding shall be provided for construction of such
project.’’
GUIDANCE ON HAZARD MITIGATION ASSISTANCE
Pub. L. 115–254, div. D, § 1231, Oct. 5, 2018, 132 Stat.
3459, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Emergency Management Agency] shall issue guidance regarding the acquisition of
property for open space as a mitigation measure under
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) that includes—
‘‘(1) a process by which the State hazard mitigation
officer appointed for such an acquisition shall, not
later than 60 days after the applicant for assistance
enters into an agreement with the Administrator regarding the acquisition, provide written notification
to each affected unit of local government for such acquisition that includes—
‘‘(A) the location of the acquisition;
‘‘(B) the State-local assistance agreement for the
hazard mitigation grant program;
‘‘(C) a description of the acquisition; and
‘‘(D) a copy of the deed restriction; and
‘‘(2) recommendations for entering into and implementing a memorandum of understanding between
units of local government and covered entities that
includes provisions to allow an affected unit of local
government notified under paragraph (1) to—
‘‘(A) use and maintain the open space created by
such a project, consistent with section 404 [42 U.S.C.
5170c] (including related regulations, standards, and
guidance) and consistent with all adjoining property, subject to the notification of the adjoining
property, so long as the cost of the maintenance is
borne by the local government; and
‘‘(B) maintain the open space pursuant to standards exceeding any local government standards defined in the agreement with the Administrator described under paragraph (1).
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) AFFECTED UNIT OF LOCAL GOVERNMENT.—The
term ‘affected unit of local government’ means any
entity covered by the definition of local government
in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122),
that has jurisdiction over the property subject to the
acquisition described in subsection (a).
‘‘(2) COVERED ENTITY.—The term ‘covered entity’
means—
‘‘(A) the grantee or subgrantee receiving assistance for an open space project described in subsection (a);
‘‘(B) the State in which such project is located;
and
‘‘(C) the applicable Regional Administrator of the
Agency.’’
[For definition of ‘‘State’’ as used in section 1231 of
Pub. L. 115–254, set out above, see section 1203 of Pub.
L. 115–254, set out as a Definitions note under section
5122 of this title.]

§ 5172

§ 5171. Federal facilities
(a) Repair, reconstruction, restoration, or replacement of United States facilities
The President may authorize any Federal
agency to repair, reconstruct, restore, or replace
any facility owned by the United States and
under the jurisdiction of such agency which is
damaged or destroyed by any major disaster if
he determines that such repair, reconstruction,
restoration, or replacement is of such importance and urgency that it cannot reasonably be
deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of
congressional committee approval.
(b) Availability of funds appropriated to agency
for repair, reconstruction, restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, restoration, or
replacement may be begun notwithstanding a
lack or an insufficiency of funds appropriated
for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that
agency for another purpose.
(c) Steps for mitigation of hazards
In implementing this section, Federal agencies
shall evaluate the natural hazards to which
these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in
accordance with standards prescribed by the
President.
(Pub. L. 93–288, title IV, § 405, formerly § 401, May
22, 1974, 88 Stat. 153; renumbered § 405, Pub. L.
100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat.
4696.)
PRIOR PROVISIONS
A prior section 405 of Pub. L. 93–288 was classified to
section 5175 of this title prior to repeal by Pub. L.
100–707.

§ 5172. Repair, restoration, and replacement of
damaged facilities
(a) Contributions
(1) In general
The President may make contributions—
(A) to a State or local government for the
repair, restoration, reconstruction, or replacement of a public facility damaged or
destroyed by a major disaster and for associated expenses incurred by the government;
and
(B) subject to paragraph (3), to a person
that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for
associated expenses incurred by the person.
(2) Associated expenses
For the purposes of this section, associated
expenses shall include—
(A) the costs of mobilizing and employing
the National Guard for performance of eligible work;