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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations has participated in the process and has officially adopted the plan. State-wide plans will not be accepted as multijurisdictional plans.
b Planning process. An open public involvement process is essential to the development of an effective plan. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process must include:
1 An opportunity for the public to comment on the plan during the drafting stage and prior to plan approval;
2 An opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia and other private and nonprofit interests to be involved in the planning process; and 3 Review and incorporation, if appropriate, of existing plans, studies, reports, and technical information.
c Plan content. The plan must include the following:
1 Documentation of the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved.
2 A risk assessment that provides the factual basis for activities proposed in the strategy to reduce losses from identified hazards. Local risk assessments must provide sufficient information to enable the jurisdiction to identify and prioritize appropriate mitigation actions to reduce losses from identified hazards. The risk assessment must include:
i A description of the type, location, and extent of all natural hazards that can affect the jurisdiction. The plan must include information on previous occurrences of hazard events and on the probability of future hazard events.
ii A description of the jurisdictions vulnerability to the hazards described in paragraph c2i of this section. This description must include an overall summary of each hazard and its impact on the community. All plans approved after October 1, 2008 must also address NFIP insured structures that have been repetitively damaged by floods. The plan should describe vulnerability in terms of:
A The types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas;
B An estimate of the potential dollar losses to vulnerable structures identified in paragraph c2iiA of this section and a description of the methodology used to prepare the estimate;

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C Providing a general description of land uses and development trends within the community so that mitigation options can be considered in future land use decisions.
iii For multi-jurisdictional plans, the risk assessment section must assess each jurisdictions risks where they vary from the risks facing the entire planning area.
3 A mitigation strategy that provides the jurisdictions blueprint for reducing the potential losses identified in the risk assessment, based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. This section must include:
i A description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards.
ii A section that identifies and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis on new and existing buildings and infrastructure. All plans approved by FEMA after October 1, 2008, must also address the jurisdictions participation in the NFIP, and continued compliance with NFIP requirements, as appropriate.
iii An action plan describing how the actions identified in paragraph c3ii of this section will be prioritized, implemented, and administered by the local jurisdiction.
Prioritization will include a special emphasis on the extent to which benefits are maximized according to a cost benefit review of the proposed projects and their associated costs.
iv For multi-jurisdictional plans, there must be identifiable action items specific to the jurisdiction requesting FEMA approval or credit of the plan.
4 A plan maintenance process that includes:
i A section describing the method and schedule of monitoring, evaluating, and updating the mitigation plan within a five-year cycle.
ii A process by which local governments incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate.
iii Discussion on how the community will continue public participation in the plan maintenance process.
5 Documentation that the plan has been formally adopted by the governing body of the jurisdiction requesting approval of the plan e.g., City Council, County Commissioner, Tribal Council.
For multi-jurisdictional plans, each jurisdiction requesting approval of the
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plan must document that it has been formally adopted.

20. Amend 201.7 by revising paragraphs a, c, and d to read as follows:
201.7

Tribal Mitigation Plans.

a Plan requirement. 1 Indian Tribal governments applying to FEMA as a recipient must have an approved Tribal Mitigation Plan meeting the requirements of this section as a condition of receiving non-emergency Stafford Act assistance and FEMA
mitigation grants. Emergency assistance provided under 42 U.S.C. 5170a, 5170b, 5173, 5174, 5177, 5179, 5180, 5182, 5183, 5184, 5192 will not be affected.
Mitigation planning grants provided through the PDM program, authorized under section 203 of the Stafford Act, 42
U.S.C. 5133, will also continue to be available.
2 Indian Tribal governments applying through the State as a subrecipient must have an approved Tribal Mitigation Plan meeting the requirements of this section in order to receive HMGP project grants. A Tribe must have an approved Tribal Mitigation Plan in order to apply for and receive FEMA mitigation project grants, under all other mitigation grant programs. The provisions in 201.6a3 are available to Tribes applying as subrecipients.
3 Multi-jurisdictional plans e.g., county-wide or watershed plans may be accepted, as appropriate, as long as the Indian Tribal government has participated in the process and has officially adopted the plan. Indian Tribal governments must address all the elements identified in this section to ensure eligibility as a recipient or as a subrecipient.

c Plan content. The plan must include the following:
1 Documentation of the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved. This must include:
i An opportunity for the public to comment on the plan during the drafting stage and prior to plan approval, including a description of how the Indian Tribal government defined public;
ii As appropriate, an opportunity for neighboring communities, Tribal and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate
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