[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR201.5]

[Page 400-401]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 201--MITIGATION PLANNING--Table of Contents
 
Sec. 201.5  Enhanced State Mitigation Plans.

    (a) A State with a FEMA approved Enhanced State Mitigation Plan at 
the time of a disaster declaration is eligible to receive increased 
funds under the HMGP, based on twenty percent of the total estimated 
eligible Stafford Act disaster assistance. The Enhanced State Mitigation 
Plan must demonstrate that a State has developed a comprehensive 
mitigation program, that the State effectively uses available mitigation 
funding, and that it is capable of managing the increased funding. In 
order for the State to be eligible for the 20 percent HMGP funding, FEMA 
must have approved the plan within three years prior to the disaster 
declaration.

[[Page 401]]

    (b) Enhanced State Mitigation Plans must include all elements of the 
Standard State Mitigation Plan identified in Sec. 201.4, as well as 
document the following:
    (1) Demonstration that the plan is integrated to the extent 
practicable with other State and/or regional planning initiatives 
(comprehensive, growth management, economic development, capital 
improvement, land development, and/or emergency management plans) and 
FEMA mitigation programs and initiatives that provide guidance to State 
and regional agencies.
    (2) Documentation of the State's project implementation capability, 
identifying and demonstrating the ability to implement the plan, 
including:
    (i) Established eligibility criteria for multi-hazard mitigation 
measures.
    (ii) A system to determine the cost effectiveness of mitigation 
measures, consistent with OMB Circular A-94, Guidelines and Discount 
Rates for Benefit-Cost Analysis of Federal Programs, and to rank the 
measures according to the State's eligibility criteria.
    (iii) Demonstration that the State has the capability to effectively 
manage the HMGP as well as other mitigation grant programs, including a 
record of the following:
    (A) Meeting HMGP and other mitigation grant application timeframes 
and submitting complete, technically feasible, and eligible project 
applications with appropriate supporting documentation;
    (B) Preparing and submitting accurate environmental reviews and 
benefit-cost analyses;
    (C) Submitting complete and accurate quarterly progress and 
financial reports on time; and
    (D) Completing HMGP and other mitigation grant projects within 
established performance periods, including financial reconciliation.
    (iv) A system and strategy by which the State will conduct an 
assessment of the completed mitigation actions and include a record of 
the effectiveness (actual cost avoidance) of each mitigation action.
    (3) Demonstration that the State effectively uses existing 
mitigation programs to achieve its mitigation goals.
    (4) Demonstration that the State is committed to a comprehensive 
state mitigation program, which might include any of the following:
    (i) A commitment to support local mitigation planning by providing 
workshops and training, State planning grants, or coordinated capability 
development of local officials, including Emergency Management and 
Floodplain Management certifications.
    (ii) A statewide program of hazard mitigation through the 
development of legislative initiatives, mitigation councils, formation 
of public/private partnerships, and/or other executive actions that 
promote hazard mitigation.
    (iii) The State provides a portion of the non-Federal match for HMGP 
and/or other mitigation projects.
    (iv) To the extent allowed by State law, the State requires or 
encourages local governments to use a current version of a nationally 
applicable model building code or standard that addresses natural 
hazards as a basis for design and construction of State sponsored 
mitigation projects.
    (v) A comprehensive, multi-year plan to mitigate the risks posed to 
existing buildings that have been identified as necessary for post-
disaster response and recovery operations.
    (vi) A comprehensive description of how the State integrates 
mitigation into its post-disaster recovery operations.
    (c) Review and updates. (1) A State must review and revise its plan 
to reflect changes in development, progress in statewide mitigation 
efforts, and changes in priorities, and resubmit it for approval to the 
appropriate Regional Director every three years. The Regional review 
will be completed within 45 days after receipt from the State, whenever 
possible.
    (2) In order for a State to be eligible for the 20 percent HMGP 
funding, the Enhanced State Mitigation plan must be approved by FEMA 
within the three years prior to the current major disaster declaration.