42 U.S. Code § 5133 - Predisaster hazard mitigation
In this section, the term “small impoverished community” means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President.
The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments.
If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the “Fund”), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e).
The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish.
In making recommendations under subparagraph (A), a Governor shall consider the criteria specified in subsection (g).
In providing assistance to local governments under this section, the President may select a local government that has not been recommended by a Governor under this subsection if the President determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of this section.
The President shall award financial assistance under this section on a competitive basis and in accordance with the criteria in subsection (g).
Financial assistance provided under this section may contribute up to 75 percent of the total cost of mitigation activities approved by the President.
Notwithstanding paragraph (1), the President may contribute up to 90 percent of the total cost of a mitigation activity carried out in a small impoverished community.
Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
The President shall not provide financial assistance under this section in an amount greater than the amount available in the Fund.
In consultation with States, local governments, and appropriate Federal agencies, the President shall develop multihazard advisory maps for areas, in not fewer than five States, that are subject to commonly recurring natural hazards (including flooding, hurricanes and severe winds, and seismic events).
In developing multihazard advisory maps under this subsection, the President shall use, to the maximum extent practicable, the most cost-effective and efficient technology available.
The multihazard advisory maps shall be considered to be advisory and shall not require the development of any new policy by, or impose any new policy on, any government or private entity.
Not later than 18 months after October 30, 2000, the President, in consultation with State and local governments, shall submit to Congress a report evaluating efforts to implement this section and recommending a process for transferring greater authority and responsibility for administering the assistance program established under this section to capable States.
In this subsection, the term “congressionally directed spending” means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.
None of the funds appropriated or otherwise made available to carry out this section may be used for congressionally directed spending.
The Administrator of the Federal Emergency Management Agency shall submit to Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this section.
This chapter, referred to in subsec. (g)(5), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
2011—Subsec. (f). Pub. L. 111–351, § 3(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to a different allocation of funds.
Subsec. (m). Pub. L. 111–351, § 3(b), amended subsec. (m) generally. Prior to amendment, subsec. (m) related to the termination of this section on Sept. 30, 2010.
Subsec. (n). Pub. L. 111–351, § 4, added subsec. (n).
2009—Subsec. (m). Pub. L. 111–83 substituted “September 30, 2010” for “September 30, 2009”.
2008—Subsec. (m). Pub. L. 110–329 substituted “September 30, 2009” for “September 30, 2008”.
2005—Subsec. (m). Pub. L. 109–139 substituted “September 30, 2008” for “December 31, 2005”.
2004—Subsec. (m). Pub. L. 108–447 substituted “2005” for “2004”.
Pub. L. 108–199 substituted “2004” for “2003”.
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