
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4104c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
  SUBCHAPTER III--COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGEMENT 
                      PROGRAMS IN FLOOD-PRONE AREAS
 
Sec. 4104c. Mitigation assistance


(a) Authority

    The Director shall carry out a program to provide financial 
assistance to States and communities, using amounts made available from 
the National Flood Mitigation Fund under section 4104d of this title, 
for planning and carrying out activities designed to reduce the risk of 
flood damage to structures covered under contracts for flood insurance 
under this chapter. Such financial assistance shall be made available to 
States and communities in the form of grants under subsection (b) of 
this section for planning assistance and in the form of grants under 
this section for carrying out mitigation activities.

(b) Planning assistance grants

                           (1) In general

        The Director may make grants under this subsection to States and 
    communities to assist in developing mitigation plans under 
    subsection (c) of this section.

                             (2) Funding

        Of any amounts made available from the National Flood Mitigation 
    Fund for use under this section in any fiscal year, the Director may 
    use not more than $1,500,000 to provide planning assistance grants 
    under this subsection.

                           (3) Limitations

        (A) Timing

            A grant 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.

        (B) Single grantee amount

            A grant for planning assistance may not exceed--
                (i) $150,000, to any State; or
                (ii) $50,000, to any community.

        (C) Cumulative State grant amount

            The sum of the amounts of grants made under this subsection 
        in any fiscal year to any one State and all communities located 
        in such State may not exceed $300,000.

(c) Eligibility for mitigation assistance

    To be eligible to receive financial assistance under this section 
for mitigation activities, a State or community shall develop, and have 
approved by the Director, a flood risk mitigation plan (in this section 
referred to as a ``mitigation plan''), that describes the mitigation 
activities to be carried out with assistance provided under this 
section, is consistent with the criteria established by the Director 
under section 4102 of this title, and provides protection against flood 
losses to structures for which contracts for flood insurance are 
available under this chapter. The mitigation plan shall be consistent 
with a comprehensive strategy for mitigation activities for the area 
affected by the mitigation plan, that has been adopted by the State or 
community following a public hearing.

(d) Notification of approval and grant award

                           (1) In general

        The Director shall notify a State or community submitting a 
    mitigation plan of the approval or disapproval of the plan not later 
    than 120 days after submission of the plan.

                   (2) Notification of disapproval

        If the Director does not approve a mitigation plan submitted 
    under this subsection, the Director shall notify, in writing, the 
    State or community submitting the plan of the reasons for such 
    disapproval.

(e) Eligible mitigation activities

                         (1) Use of amounts

        Amounts provided under this section (other than under subsection 
    (b) of this section) may be used only for mitigation activities 
    specified in a mitigation plan approved by the Director under 
    subsection (d) of this section. The Director shall provide 
    assistance under this section to the extent amounts are available in 
    the National Flood Mitigation Fund pursuant to appropriation Acts, 
    subject only to the absence of approvable mitigation plans.

                 (2) Determination of eligible plans

        The Director may approve only mitigation plans that specify 
    mitigation activities that the Director determines are technically 
    feasible and cost-effective and only such plans that propose 
    activities that are cost-beneficial to the National Flood Mitigation 
    Fund.

                      (3) Standard for approval

        The Director shall approve mitigation plans meeting the 
    requirements for approval under paragraph (1) that will be most 
    cost-beneficial to the National Flood Mitigation Fund.

                            (4) Priority

        The Director shall make every effort to provide mitigation 
    assistance under this section for mitigation plans proposing 
    activities for repetitive loss structures and structures that have 
    incurred substantial damage.

                       (5) Eligible activities

        The Director shall determine whether mitigation activities 
    described in a mitigation plan submitted under subsection (d) of 
    this section comply with the requirements under paragraph (1). Such 
    activities may include--
            (A) demolition or relocation of any structure located on 
        land that is along the shore of a lake or other body of water 
        and is certified by an appropriate State or local land use 
        authority to be subject to imminent collapse or subsidence as a 
        result of erosion or flooding;
            (B) elevation, relocation, demolition, or floodproofing of 
        structures (including public structures) located in areas having 
        special flood hazards or other areas of flood risk;
            (C) acquisition by States and communities of properties 
        (including public properties) located in areas having special 
        flood hazards or other areas of flood risk and properties 
        substantially damaged by flood, for public use, as the Director 
        determines is consistent with sound land management and use in 
        such area;
            (D) minor physical mitigation efforts that do not duplicate 
        the flood prevention activities of other Federal agencies and 
        that lessen the frequency or severity of flooding and decrease 
        predicted flood damages, which shall not include major flood 
        control projects such as dikes, levees, seawalls, groins, and 
        jetties unless the Director specifically determines in approving 
        a mitigation plan that such activities are the most cost-
        effective mitigation activities for the National Flood 
        Mitigation Fund;
            (E) beach nourishment activities;
            (F) the provision of technical assistance by States to 
        communities and individuals to conduct eligible mitigation 
        activities;
            (G) other activities that the Director considers appropriate 
        and specifies in regulation; and
            (H) other mitigation activities not described in 
        subparagraphs (A) through (F) or the regulations issued under 
        subparagraph (G), that are described in the mitigation plan of a 
        State or community.

(f) Limitations on amount of assistance

                             (1) Amount

        The sum of the amounts of mitigation assistance provided under 
    this section during any 5-year period may not exceed--
            (A) $10,000,000, to any State; or
            (B) $3,300,000, to any community.

                           (2) Geographic

        The sum of the amounts of mitigation assistance provided under 
    this section during any 5-year period to any one State and all 
    communities located in such State may not exceed $20,000,000.

                             (3) Waiver

        The Director may waive the dollar amount limitations under 
    paragraphs (1) and (2) for any State or community for any 5-year 
    period during which a major disaster or emergency declared by the 
    President (pursuant to the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act [42 U.S.C. 5121 et seq.]) as a result of 
    flood conditions is in effect with respect to areas in the State or 
    community.

(g) Matching requirement

                           (1) In general

        The Director may not provide mitigation assistance under this 
    section to a State or community in an amount exceeding 3 times the 
    amount that the State or community certifies, as the Director shall 
    require, that the State or community will contribute from non-
    Federal funds to develop a mitigation plan under subsection (c) of 
    this section and to carry out mitigation activities under the 
    approved mitigation plan. In no case shall any in-kind contribution 
    by any State or community exceed one-half of the amount of non-
    Federal funds contributed by the State or community.

                        (2) Non-Federal funds

        For purposes of this subsection, the term ``non-Federal funds'' 
    includes State or local agency funds, in-kind contributions, any 
    salary paid to staff to carry out the mitigation activities of the 
    recipient, the value of the time and services contributed by 
    volunteers to carry out such activities (at a rate determined by the 
    Director), and the value of any donated material or building and the 
    value of any lease on a building.

(h) Oversight of mitigation plans

    The Director shall conduct oversight of recipients of mitigation 
assistance under this section to ensure that the assistance is used in 
compliance with the approved mitigation plans of the recipients and that 
matching funds certified under subsection (g) of this section are used 
in accordance with such certification.

(i) Recapture

                     (1) Noncompliance with plan

        If the Director determines that a State or community that has 
    received mitigation assistance under this section has not carried 
    out the mitigation activities as set forth in the mitigation plan, 
    the Director shall recapture any unexpended amounts and deposit the 
    amounts in the National Flood Mitigation Fund under section 4104d of 
    this title.

                (2) Failure to provide matching funds

        If the Director determines that a State or community that has 
    received mitigation assistance under this section has not provided 
    matching funds in the amount certified under subsection (g) of this 
    section, the Director shall recapture any unexpended amounts of 
    mitigation assistance exceeding 3 times the amount of such matching 
    funds actually provided and deposit the amounts in the National 
    Flood Mitigation Fund under section 4104d of this title.

(j) Reports

    Not later than 1 year after September 23, 1994, and biennially 
thereafter, the Director shall submit a report to the Congress 
describing the status of mitigation activities carried out with 
assistance provided under this section.

(k) ``Community'' defined

    For purposes of this section, the term ``community'' means--
        (1) a political subdivision that (A) has zoning and building 
    code jurisdiction over a particular area having special flood 
    hazards, and (B) is participating in the national flood insurance 
    program; 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 (1).

(Pub. L. 90-448, title XIII, Sec. 1366, as added Pub. L. 103-325, title 
V, Sec. 553(a), Sept. 23, 1994, 108 Stat. 2270.)

                       References in Text

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 
referred to in subsec. (f)(3), is Pub. L. 93-288, May 22, 1974, 88 Stat. 
143, as amended, which is classified principally to chapter 68 
(Sec. 5121 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 5121 of this 
title and Tables.


                               Regulations

    Section 553(b) of Pub. L. 103-325 provided that: ``Not later than 6 
months after the date of enactment of this Act [Sept. 23, 1994], the 
Director of the Federal Emergency Management Agency shall issue 
regulations to carry out section 1366 of the National Flood Insurance 
Act of 1968 [42 U.S.C. 4104c], as added by subsection (a).''

                  Section Referred to in Other Sections

    This section is referred to in sections 4022, 4104d of this title.
