[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR2.41]



[Page 22-23]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 2_ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY--

Table of Contents

 

     Subpart A_Organization, Functions, and Delegations of Authority

 

Sec.  2.41  Mitigation Directorate.



    (a) Mission. The Mitigation Directorate administers programs to 

reduce or eliminate loss of life and property from natural and 

technological hazards.

    (b) Functions. The principal functions of the Mitigation Directorate 

are:



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    (1) Identifying and assessing the risks posed by natural and 

technological hazards, except that, on issues of technological risk 

assessment, FEMA will defer to the Agency having primary responsibility 

in the specific area, notably the Nuclear Regulatory Commission (NRC) 

regarding accidents at commercial nuclear power plants, and the United 

States Army regarding chemical weapons;

    (2) Developing mitigation policies and strategies for implementing 

programs designed to reduce or eliminate loss of life and property from 

natural and technological hazards;

    (3) Coordinating with other Federal agencies and the scientific 

community on matters that will enhance FEMA'S ability to reduce or 

eliminate loss of life and property from natural and technological 

hazards;

    (4) Transferring information on the risks posed by natural and 

technological hazards to other Federal agencies and State and local 

government officials, and the public;

    (5) Promoting a multi-hazard approach to mitigation at State and 

local levels;

    (6) Coordinating with national associations whose membership, 

expertise, and standard-setting capabilities enhance the reduction of 

risks associated with natural and technological hazards;

    (7) Providing for the dissemination of information and delivery of 

technical assistance to build mitigation capabilities and promote 

mitigation activities;

    (8) Carrying out hazard mitigation activities of the Stafford Act, 

including the processing of applications for hazard mitigation grants, 

disbursement of funds under section 404 of the Stafford Act, and 

administrative responsibilities in support of these activities;

    (9) Management of Comprehensive Cooperative Agreements with the 

States, through which the Mitigation programs are implemented in the 

regions; and

    (10) Establishment of Agency Geographic Information Systems (GIS) 

requirements and an Agency-wide GIS policy.

    (c) Delegated authorities. The Associate Director for Mitigation is 

authorized to exercise the duties and powers of the Director as set 

forth in:

    (1) 33 U.S.C. 467h, 709b, insofar as it pertains to the Dam 

Inspection Program;

    (2) Section 1-104 of E.O. 12127 insofar as it pertains to:

    (i) Determining the eligibility of communities to participate in the 

National Flood Insurance Program;

    (ii) Identification of flood-prone areas;

    (iii) Determination of inclusion or non-inclusion of properties 

within the Coastal Barrier Resources System established by 16 U.S.C. 

3503 or within an otherwise protected area;

    (iv) Determination of projected flood elevations for State and local 

governments to use in adopting flood plain management laws, regulations 

or ordinances;

    (v) Establishment of criteria for land management and use, flood 

control, flood zoning, and flood damage protection; and

    (vi) Purchase of properties insured under the National Flood 

Insurance Program that have been damaged substantially beyond repair by 

flood;

    (3) E.O. 11988;

    (4) The following sections of E.O. 12148, as amended:

    (i) Section 4-203, insofar as it pertains to hurricane preparedness, 

as set forth in section 201 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act, 42 U.S.C. 5131;

    (ii) Section 4-203, insofar as it pertains to hazard mitigation set 

forth in sections 404, 406, 409, and 411 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170, 5172, 

5176, and 5178;

    (iii) Section 4-204, pertaining to earthquake hazards reduction as 

set forth in the Earthquake Hazards Reduction Act of 1977, as amended, 

42 U.S.C. 7701-7706; and

    (5) E.O. 12699.