Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42. U.S.C. 5165, as amended by the Disaster Mitigation Act of 2000 (DMA) (P.L. 106-390), provides for States, Tribes, and local governments to undertake a risk-based approached to reducing risks to natural hazards through mitigation planning. The National Flood Insurance Act of 1968, as amended U.S.C. 4001 et seq, reinforced the need and requirement for mitigation plans, linking flood mitigation assistance programs to State, Tribal and Local Mitigation Plans.
After a presidential major disaster declaration, mitigation funding becomes available. The amount is based on a percentage of the total federal grants awarded under the Public Assistance and Individuals and Households Programs for the entire disaster. Projects are funded with a combinations of federal, state, and local funds.
Section 322 of the amended Stafford Act essentially states that as a condition of receiving a disaster loan or grant,
“The state and local government(s) shall agree that natural hazards in the areas affected shall be evaluated and appropriate action taken to mitigate such hazards, including safe land-use and construction practices. For disasters declared after November 1, 2004, all potential applicants (sub-grantees) must have either their own, or be included in a a regional, locally adopted and FEMA approved all hazards mitigation plan to be eligible to apply for mitigation grant funds.”
The regulations governing the mitigation planning requirements for local mitigation plans are published under 44 CFR §201.6. Under 44 CFR §201.6, local governments must have a FEMA-approved Local Mitigation Plan to apply for and/or receive certain project grants under various FEMA hazard mitigation assistance programs.