[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR201.3]



[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. 201.3  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 401]]



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]