Editorial Notes
References in Text

This chapter, referred to in subsecs. (a), (span), and (h)(3)(A), (B)(i), was in the original a reference to “this title” meaning title XIII of Puspan. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

Amendments

2012—Subsec. (a). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director” in introductory provisions.

Puspan. L. 112–141, § 100225(a)(3), substituted “Such financial assistance shall be made available—” for “Such financial assistance shall be made available to States and communities in the form of grants under subsection (span) of this section for planning assistance and in the form of grants under this section for carrying out mitigation activities.” and added pars. (1) to (3).

Subsec. (span). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director” in two places.

Puspan. L. 112–141, § 100225(a)(4), substituted “provides for reduction of” for “and provides protection against” and inserted “, and may be included in a multihazard mitigation plan” after “under this chapter”.

Puspan. L. 112–141, § 100225(a)(1), (2), redesignated subsec. (c) as (span) and struck out former subsec. (span) which related to mitigation planning assistance grants.

Subsec. (c). Puspan. L. 112–141, § 100225(a)(2), redesignated subsec. (e) as (c). Former subsec. (c) redesignated (span).

Subsec. (c)(1). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator shall” for “Director shall”.

Puspan. L. 112–141, § 100225(a)(5)(A), substituted “Requirement of consistency with approved mitigation plan” for “Use of amounts” in heading and “Amounts provided under this section may be used only for mitigation activities that are consistent with mitigation plans that are approved by the Administrator and identified under paragraph (4).” for “Amounts provided under this section (other than under subsection (span) of this section) may be used only for mitigation activities specified in a mitigation plan approved by the Director under subsection (d) of this section.” in text.

Subsec. (c)(2). Puspan. L. 112–141, § 100225(a)(5)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Director may approve only mitigation plans that specify mitigation activities that the Director determines are technically feasible and cost-effective and only such plans that propose activities that are cost-beneficial to the National Flood Mitigation Fund.”

Subsec. (c)(3). Puspan. L. 112–141, § 100225(a)(5)(D)(i), substituted “Eligible activities under a mitigation plan may” for “The Director shall determine whether mitigation activities described in a mitigation plan submitted under subsection (d) of this section comply with the requirements under paragraph (1). Such activities may” in introductory provisions.

Puspan. L. 112–141, § 100225(a)(5)(B), (C), redesignated par. (5) as (3) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “The Director shall approve mitigation plans meeting the requirements for approval under paragraph (1) that will be most cost-beneficial to the National Flood Mitigation Fund. The Director may approve only mitigation plans that give priority for funding to such properties, or to such subsets of properties, as are in the best interest of the National Flood Insurance Fund.”

Subsec. (c)(3)(C). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director”.

Subsec. (c)(3)(D). Puspan. L. 112–141, § 100225(a)(5)(D)(iv), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (c)(3)(E). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director”.

Puspan. L. 112–141, § 100225(a)(5)(D)(ii), (iii), redesignated subpar. (D) as (E) and struck out former subpar. (E) which read as follows: “beach nourishment activities;”.

Subsec. (c)(3)(F), (G). Puspan. L. 112–141, § 100225(a)(5)(D)(iii), (v), added subpar. (F) and redesignated former subpar. (F) as (G). Former subpar. (G) redesignated (H).

Subsec. (c)(3)(H). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director”.

Puspan. L. 112–141, § 100225(a)(5)(D)(ii), (iii), redesignated subpar. (G) as (H) and struck out former subpar. (H) which read as follows: “other mitigation activities not described in subparagraphs (A) through (F) or the regulations issued under subparagraph (G), that are described in the mitigation plan of a State or community.”

Subsec. (c)(3)(I), (J). Puspan. L. 112–141, § 100225(a)(5)(D)(vi), (vii), added subpars. (I) and (J).

Subsec. (c)(4). Puspan. L. 112–141, § 100225(a)(5)(B), (E), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “In providing grants under this subsection for mitigation activities, the Director shall give first priority for funding to such properties, or to such subsets of such properties as the Director may establish, that the Director determines are in the best interests of the National Flood Insurance Fund and for which matching amounts under subsection (f) of this section are available.”

Subsec. (c)(5). Puspan. L. 112–141, § 100225(a)(5)(C), redesignated par. (5) as (3).

Subsec. (c)(6). Puspan. L. 112–141, § 100225(a)(5)(E), struck out par. (6). Text read as follows: “The Director shall consider as an eligible activity the demolition and rebuilding of properties to at least base flood levels or higher, if required by the Director or if required by any State or local ordinance, and in accordance with project implementation criteria established by the Director.”

Subsec. (d). Puspan. L. 112–141, § 100225(a)(1), (6), added subsec. (d) and struck out former subsec. (d) which related to notification of mitigation plan approval and grant award.

Subsec. (e). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director” wherever appearing.

Puspan. L. 112–141, § 100225(a)(2), redesignated subsec. (i) as (e). Former subsec. (e) redesignated (c).

Subsec. (e)(2). Puspan. L. 112–141, § 100225(a)(7), substituted “required under subsection (d)” for “certified under subsection (g)” and “the amount” for “3 times the amount”.

Subsec. (e)(6). Puspan. L. 112–95 added par. (6).

Subsec. (f). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director”.

Puspan. L. 112–141, § 100225(a)(8), substituted “July 6, 2012” for “September 23, 1994”.

Puspan. L. 112–141, § 100225(a)(1), (2), redesignated subsec. (j) as (f) and struck out former subsec. (f) which related to limitations on amount of mitigation assistance during any 5-year period.

Subsecs. (g), (h). Puspan. L. 112–141, § 100225(a)(1), (9), added subsecs. (g) and (h) and struck out former subsecs. (g) and (h) which related to the matching requirement for mitigation assistance and oversight of recipients of mitigation assistance, respectively.

Subsecs. (i), (j). Puspan. L. 112–141, § 100225(a)(2), redesignated subsecs. (i) and (j) as (e) and (f), respectively.

Subsecs. (k), (m). Puspan. L. 112–141, § 100225(a)(1), struck out subsecs. (k) and (m) which defined “community” for purposes of this section and which related to encouraging and improving participation in the national flood insurance program, respectively.

2004—Subsec. (span)(2). Puspan. L. 108–264, § 103(f), substituted “7.5 percent of the available funds under this section” for “$1,500,000”.

Subsec. (e)(3). Puspan. L. 108–264, § 103(a), inserted at end “The Director may approve only mitigation plans that give priority for funding to such properties, or to such subsets of properties, as are in the best interest of the National Flood Insurance Fund.”

Subsec. (e)(4). Puspan. L. 108–264, § 103(span), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “The Director shall make every effort to provide mitigation assistance under this section for mitigation plans proposing activities for repetitive loss structures and structures that have incurred substantial damage.”

Subsec. (g)(2), (3). Puspan. L. 108–264, § 103(e), added par. (2) and redesignated former par. (2) as (3).

Subsec. (m). Puspan. L. 108–264, § 103(c), added subsec. (m).

Statutory Notes and Related Subsidiaries
Regulations

Puspan. L. 103–325, title V, § 553(span), Sept. 23, 1994, 108 Stat. 2273, required the Director of the Federal Emergency Management Agency to issue regulations no later than 6 months after Sept. 23, 1994, to carry out this section.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.