Hazard Mitigation Planning Interim Final Rules

44 Code of Federal Regulations (C.F.R.) Part 201

February 26, 2002 Interim Final Rule

Interim Final Rule
To implement the DMA 2000 planning requirements, the Federal Emergency Management Agency (FEMA) published an Interim Final Rule (Rule) in the Federal Register on February 26, 2002. This Rule (44 CFR Part 201) specifies the criteria for approval of mitigation plans required in Section 322 of the DMA 2000.

Interim Final Rule: Deadline Extension
FEMA published a revised Interim Final Rule in the October 1, 2002 Federal Register. This rule extended the date by which approved State and local mitigation plans will be required from November 1, 2003 to November 1, 2004. This applies to States developing Standard State Mitigation Plans and local jurisdictions applying for the post-disaster Hazard Mitigation Grant Program (HMGP). However, the date did not change for the Pre-Disaster Mitigation (PDM) program, in which a mitigation plan is required as a condition of a "brick and mortar" project grant. The PDM program will allow States to prioritize funding toward those areas with the greatest risk and those in greatest need of mitigation planning assistance. FEMA encourages State and local jurisdictions to continue to use existing resources and develop plans as soon as possible, and not to wait for the deadline.

Interim Final Rule: Local Plan Requirement Clarification
FEMA published an Interim Final Rule in the October 28, 2003 Federal Register that clarified the date by which local mitigation plans would be required as a condition of receiving project grant funds under the Pre-Disaster Mitigation (PDM) program. Because of delays in implementing the Fiscal Year 2003 (FY03) PDM program (the first year of the program), it became clear in Calendar Year 2003 that the FY03 grants would not be awarded until after the November 1, 2003 deadline established in the February 26, 2002 (original) Interim Final Rule. FEMA therefore decided it was necessary to clarify that local plans would not be required as a condition for PDM project grants awarded from the Fiscal Year 2003 competition. The Interim Final Rule published on October 28, 2003 clarified that local governments must have an approved mitigation plan in order to receive project grants under any Notice of Funding Opportunity issued after November 1, 2003 (i.e., for Fiscal Year 2004 and subsequent years’ programs).

Interim Final Rule: State and Tribal Extension Option
FEMA published an Interim Rule in the September 13, 2004 Federal Register that provides State and Indian tribal governments with a mechanism to request an extension to the date by which they must develop State Mitigation Plans as a condition of grant assistance. FEMA regulations outline requirements for State Mitigation Plans, which must be completed by November 1, 2004 in order to receive FEMA grant assistance. This interim rule allows FEMA to grant justifiable extensions, in extraordinary circumstances, for State and Indian tribal governments of up to six months, or no later than May 1, 2005. In addition, this interim rule allows mitigation planning grants provided through the Pre-Disaster Mitigation (PDM) program to continue to be available to State, Indian tribal, and local governments after November 1, 2004.

Interim Rule: Local plan requirements for flood hazards and new Tribal Mitigation Plan type
FEMA published an Interim Rule in the October 31, 2007 Federal Register that ensures that the Flood Mitigation Assistance (FMA) planning requirements are consistent with mitigation planning regulations outlined in Part 201. Local communities can comply with one set of mitigation planning requirements to be eligible to apply for all FEMA mitigation project grant funding, including the FMA and Severe Repetitive Loss programs. In addition, this interim rule created a new type of hazard mitigation plan specific to Indian tribal governments.

Last Modified: Tuesday, 26-Aug-2008 11:23:34 EDT