
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-390 Section 104(c)(1)]
[Document affected by Public Law 106-390 Section 204]
[CITE: 42USC5170c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 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 future damage, 
hardship, loss, or suffering in any area affected by a major disaster. 
Such measures shall be identified following the evaluation of natural 
hazards under section 5176 of this title and shall be subject to 
approval by the President. The total of contributions under this section 
for a major disaster shall not exceed 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.

(b) Property acquisition and relocation assistance

                        (1) General authority

        In providing hazard mitigation assistance under this section in 
    connection with flooding, the Director of the Federal Emergency 
    Management Agency may provide property acquisition and relocation 
    assistance for projects that meet the requirements of paragraph (2).

                      (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) of this section; and
            (B) on or after December 3, 1993, the applicant for the 
        assistance enters into an agreement with the Director 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 Director 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.

(Pub. L. 93-288, title IV, Sec. 404, as added Pub. L. 100-707, title I, 
Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4698; amended Pub. L. 103-181, 
Secs. 2(a), 3, Dec. 3, 1993, 107 Stat. 2054.)


                            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

    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).


                    Effective Date of 1993 Amendment

    Section 2(b) of Pub. L. 103-181 provided that: ``The amendments made 
by this section [amending this section] shall apply to any major 
disaster declared by the President pursuant to The Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on 
or after June 10, 1993.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5172, 5204c of this title.
