44 CFR 201.5 - Enhanced State Mitigation Plans.

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There is 1 rule appearing in the Federal Register for 44 CFR 201. View below or at eCFR (GPOAccess)
§ 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 § 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 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 Administrator 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.

Title 44 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 44.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-25; vol. 79 # 80 - Friday, April 25, 2014
    1. 79 FR 22873 - Change in Submission Requirements for State Mitigation Plans
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency
      Final rule.
      Effective May 27, 2014. Comments regarding the information collection must be submitted on or before May 27, 2014.
      44 CFR Part 201

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 6 - DOMESTIC SECURITY
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 5121 - Congressional findings and declarations

§ 5122 - Definitions

§ 5131 - Federal and State disaster preparedness programs

§ 5132 - Disaster warnings

§ 5133 - Predisaster hazard mitigation

§ 5134 - Interagency task force

§ 5141 - Waiver of administrative conditions

§ 5142 - Repealed.

§ 5143 - Coordinating officers

§ 5144 - Emergency support and response teams

§ 5145, 5146 - Repealed.

§ 5147 - Reimbursement of Federal agencies

§ 5148 - Nonliability of Federal Government

§ 5149 - Performance of services

§ 5150 - Use of local firms and individuals

§ 5151 - Nondiscrimination in disaster assistance

§ 5152 - Use and coordination of relief organizations

§ 5153 - Priority to certain applications for public facility and public housing assistance

§ 5154 - Insurance

§ 5154a - Prohibited flood disaster assistance

§ 5155 - Duplication of benefits

§ 5156 - Standards and reviews

§ 5157 - Penalties

§ 5158 - Availability of materials

§ 5159 - Protection of environment

§ 5160 - Recovery of assistance

§ 5161 - Audits and investigations

§ 5162 - Advance of non-Federal share

§ 5163 - Limitation on use of sliding scales

§ 5164 - Rules and regulations

§ 5165 - Mitigation planning

§ 5165a - Minimum standards for public and private structures

§ 5165b - Management costs

§ 5165c - Public notice, comment, and consultation requirements

§ 5165d - Designation of Small State and Rural Advocate

§ 5170 - Procedure for declaration

§ 5170a - General Federal assistance

§ 5170b - Essential assistance

§ 5170c - Hazard mitigation

§ 5171 - Federal facilities

§ 5172 - Repair, restoration, and replacement of damaged facilities

§ 5173 - Debris removal

§ 5174 - Federal assistance to individuals and households

§ 5175 - Repealed.

§ 5176 - Repealed.

§ 5177 - Unemployment assistance

§ 5177a - Emergency grants to assist low-income migrant and seasonal farmworkers

§ 5178 - Repealed.

§ 5179 - Benefits and distribution

§ 5180 - Food commodities

§ 5181 - Relocation assistance

§ 5182 - Legal services

§ 5183 - Crisis counseling assistance and training

§ 5184 - Community disaster loans

§ 5185 - Emergency communications

§ 5186 - Emergency public transportation

§ 5187 - Fire management assistance

§ 5188 - Timber sale contracts

§ 5189 - Simplified procedure

§ 5189a - Appeals of assistance decisions

§ 5189b - Date of eligibility; expenses incurred before date of disaster

§ 5189c - Transportation assistance to individuals and households

§ 5189d - Case management services

§ 5189e - Essential service providers

§ 5191 - Procedure for declaration

§ 5192 - Federal emergency assistance

§ 5193 - Amount of assistance

§ 5195 - Declaration of policy

§ 5195a - Definitions

§ 5195b - Administration of subchapter

§ 5195c - Critical infrastructures protection

§ 5196 - Detailed functions of administration

§ 5196a - Mutual aid pacts between States and neighboring countries

§ 5196b - Contributions for personnel and administrative expenses

§ 5196c - Grants for construction of emergency operations centers

§ 5196d - Use of funds to prepare for and respond to hazards

§ 5196e - Radiological Emergency Preparedness Fund

§ 5196f - Disaster related information services

§ 5197 - Administrative authority

§ 5197a - Security regulations

§ 5197b - Use of existing facilities

§ 5197c - Annual report to Congress

§ 5197d - Applicability of subchapter

§ 5197e - Authorization of appropriations and transfers of funds

§ 5197f - Relation to Atomic Energy Act of 1954

§ 5197g - Federal Bureau of Investigation

§ 5197h - Minority emergency preparedness demonstration program

§ 5201 - Rules and regulations

§ 5202 - Repealed.

§ 5203 - Excess disaster assistance payments as budgetary emergency requirements

§ 5204 - Insular areas disaster survival and recovery; definitions

§ 5204a - Authorization of appropriations for insular areas

§ 5204b - Technical assistance for insular areas

§ 5204c - Hazard mitigation for insular areas

§ 5205 - Disaster grant closeout procedures

§ 5206 - Buy American

§ 5207 - Firearms policies

Presidential Documents

Executive Order ... 12127

Executive Order ... 12148

Executive Order ... 13286

Reorganization ... 1978 Plan No. 3

Title 44 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 44 CFR 201 after this date.

  • 2014-04-25; vol. 79 # 80 - Friday, April 25, 2014
    1. 79 FR 22873 - Change in Submission Requirements for State Mitigation Plans
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency
      Final rule.
      Effective May 27, 2014. Comments regarding the information collection must be submitted on or before May 27, 2014.
      44 CFR Part 201