Multi-Hazard Mitigation Planning Guidance Under the Disaster Mitigation Act of 2000

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.