§ 5170c. Hazard mitigation
(a)
In general
The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Such measures shall be identified following the evaluation of natural hazards under section
5165 of this title and shall be subject to approval by the President. Subject to section
5165 of this title, the total of contributions under this section for a major disaster shall not exceed 15 percent for amounts not more than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter with respect to the major disaster.
(b)
Property acquisition and relocation assistance
(1)
General authority
In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph (2).
(2)
Terms and conditions
An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph (1) only if—
(A)
the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection (a) of this section; and
(B)
on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides assurances that—
(i)
any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;
(ii)
no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than—
(iii)
after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation program—
(c)
Program administration by States
(1)
In general
A State desiring to administer the hazard mitigation grant program established by this section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the authority to administer the program.
(2)
Criteria
The President, in consultation and coordination with States and local governments, shall establish criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum—
(3)
Approval
The President shall approve an application submitted under paragraph (1) that meets the criteria established under paragraph (2).
(4)
Withdrawal of approval
If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard mitigation grant program established by this section in a manner satisfactory to the President, the President shall withdraw the approval.