Federal and state framework


There are several federal policies and programs that provide a national framework for hazard reduction activities. The framework is set mostly through federal spending and incentives to encourage the public sector and individuals to undertake hazard mitigation activities. There are also guidelines and regulations intended to ensure that federal programs such as the National Park System, National Forest System, National Wildlife Reserves, and National Marine Sanctuaries and Estuarine Research Reserves actively pursue hazard mitigation objectives.

Federal Legislation

The primary federal policies establishing hazard mitigation frameworks for coastal, state, and local governments include the Coastal Zone Management Act of 1972 (CZMA), the National Flood Insurance Act of 1968 and the National Flood Insurance Reform Act of 1994, the Coastal Barrier Resources Act of 1982, and the Stafford Disaster Relief and Emergency Assistance Act. General information about these and other related federal statutes are provided in the following table.

The CZMA encourages states to preserve, protect, develop, and where possible, restore or enhance valuable natural coastal resources. The national Coastal Zone Management Program is administered by NOAA’s Office of Coastal Resource Management (OCRM). Participation by states in the CZMA program is voluntary. In order to encourage participation, the Act makes federal financial assistance available to coastal states that are willing to develop and implement a comprehensive coastal management program. In order to effectively implement coastal hazard mitigation techniques, the CZMA requires that state management programs specify steps which seek to reduce "threats to life and destruction of property by eliminating development and re-development in high hazard areas, managing development in other hazard areas, and anticipating and managing the effects of potential sea level rise." The implementation of many of these requirements at the state and local level is heavily dependent on the statewide development management or land use planning legislation.

The National Flood Insurance Act establishes the National Flood Insurance Program (NFIP) which is administered by FEMA’s Federal Insurance Administration (FIA). The major goal of the NFIP is to reduce flood losses by implementing floodplain management regulations which ensure that new and substantially improved construction in floodprone areas is protected from future flood damages. This is accomplished through local floodplain management ordinances adopted on a voluntary basis by participating communities. Federally subsidized flood insurance is made available to property owners in participating communities in return for local ordinances that meet or exceed minimum NFIP criteria on building design and construction in flood hazard areas. The 1994 National Flood Insurance Reform Act gave statutory authority to the Community Rating System (CRS), which rewards communities for doing more than just meeting the minimum NFIP criteria. In return for addressing 18 additional floodplain management and planning activities, participating communities receive additional flood insurance rate reductions.

The Coastal Barrier Resources Act (CBRA) eliminates federal subsidies for flood insurance, transportation, utilities, and erosion control to support any new development on those areas of barrier islands that are designated as "undeveloped." These areas are designated as "undeveloped" if they have less than one building per five acres or lack complete infrastructure systems. While the law does not explicitly restrict development of these areas, it is intended to shift the financial burden of building or re-building in high risk areas away from the federal government. Some states have also passed legislation preventing state funds from being used for development in designated areas.

The Stafford Disaster Relief and Emergency Assistance Act encourages states to develop hazard mitigation plans. As an incentive for state participation, Section 409 of the act promises federal aid to states who devise a mitigation plan 180 days following the official declaration of a disaster. The plan must include an evaluation of the natural hazards in the area; a description and analysis of state and local hazard management policies, programs, and capabilities for mitigating these hazards; hazard mitigation goals and objectives and proposed strategies, programs, and actions to reduce or avoid long term vulnerability to hazards; and a means of implementing, monitoring, evaluating and updating the plan.

The Hazard Mitigation Grant Program (HMGP), under Section 404 of the Stafford Act, provides financial support to states so that they may implement cost-effective hazard mitigation programs. In order to receive financial support, HMGP measures must be consistent with the hazard mitigation plans as stated in the "Section 409 Plans". There are two goals of the HMGP. The first includes contributing to the development of a long-term, comprehensive mitigation program by funding measures corresponding with the goals of the state hazard mitigation plan. The second goal involves taking advantage of post-disaster opportunities as identified by the Hazard Mitigation Survey Team or by other mechanisms, including local government. Availability of funds under the HMGP provides states with the incentive to implement mitigation programs which previously were not feasible.


 

Federal Mitigation Statutes/Programs

LAW/STATUTE

RESPONSIBLE AGENCY

MAJOR PROVISIONS

Coastal Barrier Resources Act (COBRA)

 

Department of Interior

  • delineates high-hazard coastal barrier regions
  • these regions will not receive federal aid in the case of a hazardous event or flood insurance

Coastal Zone Management Act of 1972 (as amended)

 

Department of Commerce: National Oceanic and Atmospheric Administration administers the voluntary CZMA

  • provides financial incentives through grant programs and federal consistency power to states who develop and implement an approved comprehensive coastal management program

 

Endangered Species Act (ESA)

Department of Interior lists endangered species Department of Commerce governs marine species

  • endangered lists provide protection of plants, fish, and wildlife
  • the ESA may prohibit development in protected areas

Executive Order 11988

Executive Branch

  • requires each federal agency to avoid modification of floodplains unless there is no alternative
  • requires all construction of federal structures to be in accordance with the National Flood Insurance Program

National Environmental Act (NEPA)

NOAA and the Environmental Protection Agency (EPA)

  • establishes NOAA and the EPA to address issues of environmental degradation
  • requires heightened procedural planning and review of federal actions, such as highway planning
  • EPA may environmental impact studies

National Historic Preservation Act

Advisory Council on Historic Preservation

  • protects the nation's heritage by preventing alteration of historic sites
  • may limit development of urban centers, highways, residential areas, and commercial areas in historic districts

National Flood Insurance Act

Federal Emergency Management Agency (FEMA): Federal Insurance Administration (FIA) administers the National Flood Insurance Program (NFIP)

  • provides federally-backed flood insurance to local communities who have voluntarily adopted minimum floodplain management regulations
  • further financial assistance is offered through the Community Rating System program

Stafford Disaster Relief and Emergency Assistance Act

Federal Emergency Management Agency

  • federal aid granted if communities submit a hazard mitigation plan (§409)
  • specific mitigation funds are offered on a 75 (federal) to 25 (state) percent cost share basis

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