Us Code § 5165 - Mitigation planning
Full text of Us Code United States Code § 5165 — Mitigation planning, with citation guidance and answers to common questions.
§ 5165. Mitigation planning
(a) Requirement of mitigation plan
As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection (e), a State, local, or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under the jurisdiction of the government.
(b) Local and tribal plans
Each mitigation plan developed by a local or tribal government shall—
(1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and
(2) establish a strategy to implement those actions.
(c) State plans
The State process of development of a mitigation plan under this section shall—
(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions that the State will support, as resources become available.
(d) Funding
(1) In general
Federal contributions under section 5170c of this title may be used to fund the development and updating of mitigation plans under this section.
(2) Maximum Federal contribution
With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under section 5170c of this title not to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.
(e) Increased Federal share for hazard mitigation measures
(1) In general
If, at the time of the declaration of a major disaster or event under section 5187 of this title, a State has in effect an approved mitigation plan under this section, the President may increase to 20 percent, with respect to the major disaster or event under section 5187 of this title, the maximum percentage specified in the last sentence of section 5170c(a) of this title.
(2) Factors for consideration
In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established—
(A) eligibility criteria for property acquisition and other types of mitigation measures;
(B) requirements for cost effectiveness that are related to the eligibility criteria;
(C) a system of priorities that is related to the eligibility criteria; and
(D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.
(Pub. L. 93–288, title III, §322, as added Pub. L. 106–390, title I, §104(a), Oct. 30, 2000, 114 Stat. 1558; amended Pub. L. 115–254, div. D, §1204(b)(2), Oct. 5, 2018, 132 Stat. 3439.)
Editorial Notes
Amendments
2018—Subsec. (e)(1). Pub. L. 115–254 inserted "or event under section 5187 of this title" after "major disaster" in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
About This Section
42 U.S.C. § 5165 is part of Title 42 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 42 U.S.C. § 5165. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.