The Disaster Mitigation Act of 2000 (DMA 2000) (P.L. 106-390)
provides an opportunity for States, Tribes, and local governments
to take a new and revitalized approach to mitigation planning. DMA
2000 amended the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by repealing the previous Mitigation Planning
section (409) and replacing it with a new Mitigation Planning
section (322). This new section emphasizes the need for State,
Tribal, and local entities to closely coordinate mitigation
planning and implementation efforts. It continues the requirement
for a State mitigation plan as a condition of disaster assistance,
and creates incentives for increased coordination and integration
of mitigation activities at the State level through the
establishment of requirements for two different levels of State
plans: "Standard" and "Enhanced." States that demonstrate an
increased commitment to comprehensive mitigation planning and
implementation through the development of an approved Enhanced
State Plan can increase the amount of funding available through the
Hazard Mitigation Grant Program (HMGP). To implement the DMA 2000
planning requirements, FEMA published an Interim Final Rule in the
Federal Register on February 26, 2002. This Rule (44 CFR Part 201)
established the mitigation planning requirements for States,
Tribes, and local communities. Normally FEMA publishes a proposed
rule for public comment before publishing a final rule. This
process can result in a lengthy comment and response period, during
which the proposed rule is not legally effective or enforceable.
Because certain types of Stafford Act assistance are conditioned on
having an approved mitigation plan, FEMA wanted to publish an
effective rule providing the DMA 2000 planning requirements in
order to position State and local governments to receive these
mitigation funds as soon as possible. Even though it is an Interim
Final Rule, FEMA will still publish a proposed rule for public
comment, to be followed eventually by a final rule. FEMA is
assessing the utility and practicality of these interim final
requirements based on the experience of States, Tribes, and local
governments, and will draw on this experience in preparing the
future Proposed and Final Rules for Mitigation Planning. Until
then, the Rule serves as the governing set of requirements for DMA
2000 planning implementation. To help States, Tribes, and local
governments better understand the Rule and meet the DMA 2000
planning requirements, FEMA has prepared this document,
Multi-Hazard Mitigation Planning Guidance Under the Disaster
Mitigation Act of 2000 (Multi-Hazard Mitigation Planning Guidance).
It was designed with three major objectives: To help Federal and
State reviewers evaluate mitigation plans from different
jurisdictions in a fair and consistent manner; To help States,
Tribes, and local jurisdictions develop new mitigation plans or
modify existing ones in accordance with the requirements of the
Rule, and To help States, Tribes, and local jurisdictions conduct
comprehensive reviews and prepare updates to their plans in
accordance with the review and update requirements of the Rule.
This Multi-Hazard Mitigation Planning Guidance, as interpretation
and explanation for the Rule, is FEMA's official source for
defining the requirements of original and updated mitigation plans.
It includes references to specific language in the Rule,
descriptions of the relevant requirements, and sample plan text to
illustrate distinctions between plan approaches that would and
would not meet DMA 2000 requirements. In addition, this document
provides references to a number of planning tools that FEMA has
made available to assist States, Tribes, and localities in
developing a comprehensive, multi-hazard approach to mitigation
planning, and in preparing plans that will meet the DMA 2000
requirements.
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