Federal Register - September 10, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
b
2 Provide technical assistance and training to State, local, and Indian Tribal governments regarding the mitigation planning process;

c
1 Prepare and submit to FEMA a Standard State Mitigation Plan following the criteria established in 201.4 as a condition of receiving nonemergency Stafford Act assistance and FEMA mitigation grants. In accordance with 77.6b of this chapter, applicants and subapplicants for FMA project grants must have a FEMA-approved mitigation plan that addresses identified flood hazards and provides for reduction of flood losses to structures for which NFIP coverage is available.

e
1 Prepare and submit to FEMA a Tribal Mitigation Plan following the criteria established in 201.7 as a condition of receiving non-emergency Stafford Act assistance and FEMA
mitigation grants as a recipient. This plan will also allow Indian Tribal governments to apply through the State, as a subrecipient, for any FEMA
mitigation project grant. In accordance with 77.6b of this chapter, applicants and subapplicants for FMA project grants must have a FEMA-approved mitigation plan that addresses identified flood hazards and provides for reduction of flood losses to structures for which NFIP coverage is available.

18. Amend 201.4 by revising paragraphs c2 through 4 to read as follows:
201.4

Standard State Mitigation Plans.

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c
2 Statewide risk assessments that provide the factual basis for activities proposed in the strategy portion of the mitigation plan. Statewide risk assessments must characterize and analyze natural hazards and risks to provide a statewide overview. This overview will allow the State to compare potential losses throughout the State and to determine their priorities for implementing mitigation measures under the strategy, and to prioritize jurisdictions for receiving technical and financial support in developing more detailed local risk and vulnerability assessments. The risk assessment must include the following:
i An overview of the type and location of all natural hazards that can affect the State, including information on previous occurrences of hazard
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events, as well as the probability of future hazard events, using maps where appropriate;
ii An overview and analysis of the States vulnerability to the hazards described in this paragraph c2, based on estimates provided in local risk assessments as well as the State risk assessment. The State must describe vulnerability in terms of the jurisdictions most threatened by the identified hazards, and most vulnerable to damage and loss associated with hazard events. State owned or operated critical facilities located in the identified hazard areas must also be addressed;
iii An overview and analysis of potential losses to the identified vulnerable structures, based on estimates provided in local risk assessments as well as the State risk assessment. The State must estimate the potential dollar losses to State owned or operated buildings, infrastructure, and critical facilities located in the identified hazard areas.
3 A Mitigation Strategy that provides the States blueprint for reducing the losses identified in the risk assessment.
This section must include:
i A description of State goals to guide the selection of activities to mitigate and reduce potential losses.
ii A discussion of the States preand post-disaster hazard management policies, programs, and capabilities to mitigate the hazards in the area, including: An evaluation of State laws, regulations, policies, and programs related to hazard mitigation as well as to development in hazard-prone areas; a discussion of State funding capabilities for hazard mitigation projects; and a general description and analysis of the effectiveness of local mitigation policies, programs, and capabilities.
iii An identification, evaluation, and prioritization of cost-effective, environmentally sound, and technically feasible mitigation actions and activities the State is considering and an explanation of how each activity contributes to the overall mitigation strategy. This section should be linked to local plans, where specific local actions and projects are identified.
iv Identification of current and potential sources of Federal, State, local, or private funding to implement mitigation activities.
v In accordance with 77.6b of this chapter, applicants and subapplicants for FMA project grants must have a FEMA-approved mitigation plan that addresses identified flood hazards and provides for reduction of flood losses to structures for which NFIP coverage is available.

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4 A section on the Coordination of Local Mitigation Planning that includes the following:
i A description of the State process to support, through funding and technical assistance, the development of local mitigation plans.
ii A description of the State process and timeframe by which the local plans will be reviewed, coordinated, and linked to the State Mitigation Plan.
iii Criteria for prioritizing communities and local jurisdictions that would receive planning and project grants under available funding programs, which should include consideration for communities with the highest risks, repetitive loss structures, and most intense development pressures. Further, that for nonplanning grants, a principal criterion for prioritizing grants will be the extent to which benefits are maximized according to a cost benefit review of proposed projects and their associated costs.

19. Amend 201.6 by revising paragraphs a through c to read as follows:
201.6

Local Mitigation Plans.

a Plan requirements. 1 A local government must have a mitigation plan approved pursuant to this section in order to receive HMGP project grants. A
local government must have a mitigation plan approved pursuant to this section in order to apply for and receive mitigation project grants under all other mitigation grant programs.
2 Plans prepared for the FMA
program, described at part 77 of this chapter, need only address these requirements as they relate to flood hazards in order to be eligible for FMA
project grants. However, these plans must be clearly identified as being flood mitigation plans, and they will not meet the eligibility criteria for other mitigation grant programs, unless flooding is the only natural hazard the jurisdiction faces.
3 Regional Administrators may grant an exception to the plan requirement in extraordinary circumstances, such as in a small and impoverished community, when justification is provided. In these cases, a plan will be completed within 12 months of the award of the project grant. If a plan is not provided within this timeframe, the project grant will be terminated, and any costs incurred after notice of grants termination will not be reimbursed by FEMA.
4 Multi-jurisdictional plans e.g., watershed plans may be accepted, as appropriate, as long as each jurisdiction
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Federal Register - September 10, 2021

TitreFederal Register

PaysÉtats-Unis

Date10/09/2021

Page count240

Edition count7800

Première édition14/03/1936

Dernière édition23/06/2026

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