42 USC 4104c - Mitigation assistance

U.S Code last checked for updates: Apr 27, 2024

§ 4104c.

Mitigation assistance

(a)

Authority

The Administrator shall carry out a program to provide financial assistance to States and communities, using amounts made available from the National Flood Mitigation Fund under section 4104d of this title, for planning and carrying out activities designed to reduce the risk of flood damage to structures covered under contracts for flood insurance under this chapter. Such financial assistance shall be made available—

(1)

to States and communities in the form of grants under this section for carrying out mitigation activities;

(2)

to States and communities in the form of grants under this section for carrying out mitigation activities that reduce flood damage to severe repetitive loss structures; and

(3)

to property owners in the form of direct grants under this section for carrying out mitigation activities that reduce flood damage to individual structures for which 2 or more claim payments for losses have been made under flood insurance coverage under this chapter if the Administrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is located has the capacity to manage such grants.

(b)

Eligibility for mitigation assistance

(c)

Eligible mitigation activities

(1)

Requirement of consistency with approved mitigation plan

(2)

Requirements of technical feasibility, cost effectiveness, and interest of National Flood Insurance Fund

(A)

In general

The Administrator may approve only mitigation activities that the Administrator determines—

(i)

are technically feasible and cost-effective; or

(ii)

will eliminate future payments from the National Flood Insurance Fund for severe repetitive loss structures through an acquisition or relocation activity.

(B)

Considerations

(3)

Eligible activities

Eligible activities under a mitigation plan may include—

(A)

demolition or relocation of any structure located on land that is along the shore of a lake or other body of water and is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or flooding;

(B)

elevation, relocation, demolition, or floodproofing of structures (including public structures) located in areas having special flood hazards or other areas of flood risk;

(C)

acquisition by States and communities of properties (including public properties) located in areas having special flood hazards or other areas of flood risk and properties substantially damaged by flood, for public use, as the Administrator determines is consistent with sound land management and use in such area;

(D)

elevation, relocation, or floodproofing of utilities (including equipment that serves structures);

(E)

minor physical mitigation efforts that do not duplicate the flood prevention activities of other Federal agencies and that lessen the frequency or severity of flooding and decrease predicted flood damages, which shall not include major flood control projects such as dikes, levees, seawalls, groins, and jetties unless the Administrator specifically determines in approving a mitigation plan that such activities are the most cost-effective mitigation activities for the National Flood Mitigation Fund;

(F)

the development or update of mitigation plans by a State or community which meet the planning criteria established by the Administrator, except that the amount from grants under this section that may be used under this subparagraph may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan of a community;

(G)

the provision of technical assistance by States to communities and individuals to conduct eligible mitigation activities;

(H)

other activities that the Administrator considers appropriate and specifies in regulation;

(I)

other mitigation activities not described in subparagraphs (A) through (G) or the regulations issued under subparagraph (H), that are described in the mitigation plan of a State or community; and

(J)

without regard to the requirements under paragraphs (1) and (2) of subsection (d), and if the State applied for and was awarded at least $1,000,000 in grants available under this section in the prior fiscal year, technical assistance to communities to identify eligible activities, to develop grant applications, and to implement grants awarded under this section, not to exceed $50,000 to any 1 State in any fiscal year.

(4)

Eligibility of demolition and rebuilding of properties

(d)

Matching requirement

The Administrator may provide grants for eligible mitigation activities as follows:

(1)

Severe repetitive loss structures

In the case of mitigation activities to severe repetitive loss structures, in an amount up to—

(A)

100 percent of all eligible costs, if the activities are approved under subsection (c)(2)(A)(i); or

(B)

the expected savings to the National Flood Insurance Fund from expected avoided damages through acquisition or relocation activities, if the activities are approved under subsection (c)(2)(A)(ii).

(2)

Repetitive loss structures

(3)

Other mitigation activities

(e)

Recapture

(1)

Noncompliance with plan

(2)

Failure to provide matching funds

(f)

Reports

(g)

Failure to make grant award within 5 years

(h)

Definitions

For purposes of this section, the following definitions shall apply:

(1)

Community

The term “community” means—

(A)

a political subdivision that—

(i)

has zoning and building code jurisdiction over a particular area having special flood hazards; and

(ii)

is participating in the national flood insurance program; or

(B)

a political subdivision of a State, or other authority, that is designated by political subdivisions, all of which meet the requirements of subparagraph (A), to administer grants for mitigation activities for such political subdivisions.

(2)

Repetitive loss structure

(3)

Severe repetitive loss structure

The term “severe repetitive loss structure” means a structure that—

(A)

is covered under a contract for flood insurance made available under this chapter; and

(B)

has incurred flood-related damage—

(i)

for which 4 or more separate claims payments have been made under flood insurance coverage under this chapter, with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or

(ii)

for which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the value of the insured structure.

(Pub. L. 90–448, title XIII, § 1366, as added Pub. L. 103–325, title V, § 553(a), Sept. 23, 1994, 108 Stat. 2270; amended Pub. L. 108–264, title I, § 103(a)–(c), (e), (f), June 30, 2004, 118 Stat. 721, 722; Pub. L. 112–95, title VIII, § 815(b), Feb. 14, 2012, 126 Stat. 125; Pub. L. 112–141, div. F, title II, §§ 100225(a), 100238(b)(1), July 6, 2012, 126 Stat. 938, 958.)

cite as: 42 USC 4104c