44 C.F.R. § 201.3 Responsibilities.
Title 44 - Emergency Management and Assistance
(a) General. This section identifies the key responsibilities of FEMA, States, and local/tribal governments in carrying out section 322 of the Stafford Act, 42 U.S.C. 5165. (b) FEMA. The key responsibilities of the Regional Director are to: (1) Oversee all FEMA related pre- and post-disaster hazard mitigation programs and activities; (2) Provide technical assistance and training to State, local, and Indian tribal governments regarding the mitigation planning process; (3) Review and approve all Standard and Enhanced State Mitigation Plans; (4) Review and approve all local mitigation plans, unless that authority has been delegated to the State in accordance with §201.6(d); (5) Conduct reviews, at least once every three years, of State mitigation activities, plans, and programs to ensure that mitigation commitments are fulfilled, and when necessary, take action, including recovery of funds or denial of future funds, if mitigation commitments are not fulfilled. (c) State. The key responsibilities of the State are to coordinate all State and local activities relating to hazard evaluation and mitigation and to: (1) Prepare and submit to FEMA a Standard State Mitigation Plan following the criteria established in §201.4 as a condition of receiving Stafford Act assistance (except emergency assistance). (2) In order to be considered for the 20 percent HMGP funding, prepare and submit an Enhanced State Mitigation Plan in accordance with §201.5, which must be reviewed and updated, if necessary, every three years from the date of the approval of the previous plan. (3) At a minimum, review and, if necessary, update the Standard State Mitigation Plan by November 1, 2004 and every three years from the date of the approval of the previous plan in order to continue program eligibility. (4) Make available the use of up to the 7 percent of HMGP funding for planning in accordance with §206.434. (5) Provide technical assistance and training to local governments to assist them in applying for HMGP planning grants, and in developing local mitigation plans. (6) For Managing States that have been approved under the criteria established by FEMA pursuant to 42 U.S.C. 5170c(c), review and approve local mitigation plans in accordance with §201.6(d). (7) If necessary, submit a request from the Governor to the Director of FEMA, requesting an extension to the plan deadline in accordance with §201.4(a)(2). (d) Local governments. The key responsibilities of local governments are to: (1) Prepare and adopt a jurisdiction-wide natural hazard mitigation plan as a condition of receiving project grant funds under the HMGP, in accordance with §201.6. (2) At a minimum, review and, if necessary, update the local mitigation plan every five years from date of plan approval to continue program eligibility. (e) Indian tribal governments. Indian tribal governments will be given the option of applying directly to us for Hazard Mitigation Grant Program funding, or they may choose to apply through the State. If they apply directly to us, they will assume the responsibilities of the State, or grantee, and if they apply through the State, they will assume the responsibilities of the local government, or subgrantee. [67 FR 8848, Feb. 26, 2002, as amended at 67 FR 61515, Oct. 1, 2002; 69 FR 55096, Sept. 13, 2004]
Title 44: Emergency Management and Assistance
PART 201—MITIGATION PLANNING
§ 201.3 Responsibilities.
