[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: 44CFR201.5]



[Page 403-404]

 

              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.

    (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



[[Page 404]]



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.