[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR201.3]

[Page 398-399]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 201_MITIGATION PLANNING--Table of Contents
 
Sec. 201.3  Responsibilities.

    (a) General. This section identifies the key responsibilities of 
FEMA, States, and local/tribal governments in carrying out section 322 
of the Stafford Act, 42 U.S.C. 5165.
    (b) FEMA. The key responsibilities of the Regional Director are to:
    (1) Oversee all FEMA related pre- and post-disaster hazard 
mitigation programs and activities;
    (2) Provide technical assistance and training to State, local, and 
Indian tribal governments regarding the mitigation planning process;
    (3) Review and approve all Standard and Enhanced State Mitigation 
Plans;
    (4) Review and approve all local mitigation plans, unless that 
authority has been delegated to the State in accordance with Sec. 
201.6(d);
    (5) Conduct reviews, at least once every three years, of State 
mitigation activities, plans, and programs to ensure that mitigation 
commitments are fulfilled, and when necessary, take action, including 
recovery of funds or denial of future funds, if mitigation commitments 
are not fulfilled.
    (c) State. The key responsibilities of the State are to coordinate 
all State and local activities relating to hazard evaluation and 
mitigation and to:
    (1) Prepare and submit to FEMA a Standard State Mitigation Plan 
following the criteria established in Sec. 201.4 as a condition of 
receiving Stafford Act assistance (except emergency assistance).
    (2) In order to be considered for the 20 percent HMGP funding, 
prepare and submit an Enhanced State Mitigation Plan in accordance with 
Sec. 201.5, which must be reviewed and updated, if necessary, every 
three years from the date of the approval of the previous plan.
    (3) At a minimum, review and, if necessary, update the Standard 
State Mitigation Plan by November 1, 2004 and every three years from the 
date of the approval of the previous plan in order to continue program 
eligibility.
    (4) Make available the use of up to the 7 percent of HMGP funding 
for planning in accordance with Sec. 206.434.
    (5) Provide technical assistance and training to local governments 
to assist them in applying for HMGP planning grants, and in developing 
local mitigation plans.
    (6) For Managing States that have been approved under the criteria 
established by FEMA pursuant to 42 U.S.C. 5170c(c), review and approve 
local mitigation plans in accordance with Sec. 201.6(d).
    (7) If necessary, submit a request from the Governor to the Director 
of FEMA, requesting an extension to the plan deadline in accordance with 
Sec. 201.4(a)(2).
    (d) Local governments. The key responsibilities of local governments 
are to:
    (1) Prepare and adopt a jurisdiction-wide natural hazard mitigation 
plan as

[[Page 399]]

a condition of receiving project grant funds under the HMGP, in 
accordance with Sec. 201.6.
    (2) At a minimum, review and, if necessary, update the local 
mitigation plan every five years from date of plan approval to continue 
program eligibility.
    (e) Indian tribal governments. Indian tribal governments will be 
given the option of applying directly to us for Hazard Mitigation Grant 
Program funding, or they may choose to apply through the State. If they 
apply directly to us, they will assume the responsibilities of the 
State, or grantee, and if they apply through the State, they will assume 
the responsibilities of the local government, or subgrantee.

[67 FR 8848, Feb. 26, 2002, as amended at 67 FR 61515, Oct. 1, 2002; 69 
FR 55096, Sept. 13, 2004]