42 USC 5170c - Hazard mitigation

U.S Code last checked for updates: Nov 22, 2024

§ 5170c.

Hazard mitigation

(a)

In general

(b)

Property acquisition and relocation assistance

(1)

General authority

(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

(c)

Program administration by States

(1)

In general

(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 section 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

(4)

Withdrawal of approval

(5)

Audits

(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

 See References in Text note below.

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

(e)

Advance assistance

(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 activities 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 and wildfire damage, including—

(A)

replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient to extreme wind, wildfire, and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location; and

(B)

the installation of fire-resistant wires and infrastructure and the undergrounding of wires;

(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

(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; Pub. L. 117–58, div. D, title I, § 40102, Nov. 15, 2021, 135 Stat. 928.)

cite as: 42 USC 5170c