---
kind: "section"
citation: "42 U.S.C. § 5165"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5165"
heading: "Mitigation planning"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5165"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter III — Major Disaster and Emergency Assistance Administration"
---

# §5165. Mitigation planning

- (a) **Requirement of mitigation plan—** As a condition of receipt of an increased Federal share for [hazard](/usc/42/5195a.md?p=a-1) mitigation measures under [subsection (e)](#e), a [State](/usc/42/5122.md?p=4), local, or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural [hazards](/usc/42/5195a.md?p=a-1), risks, and vulnerabilities of the area under the jurisdiction of the government.
- (b) **Local and tribal plans—** Each mitigation plan developed by a local or tribal government shall—
  - (1) describe actions to mitigate [hazards](/usc/42/5195a.md?p=a-1), risks, and vulnerabilities identified under the plan; and
  - (2) establish a strategy to implement those actions.
- (c) **State plans—** The [State](/usc/42/5122.md?p=4) process of development of a mitigation plan under this section shall—
  - (1) identify the natural [hazards](/usc/42/5195a.md?p=a-1), risks, and vulnerabilities of areas in the [State](/usc/42/5122.md?p=4);
  - (2) support development of local mitigation plans;
  - (3) provide for technical assistance to local and tribal governments for mitigation planning; and
  - (4) identify and prioritize mitigation actions that the [State](/usc/42/5122.md?p=4) will support, as resources become available.
- (d) **Funding—**
  - (1) **In general—** Federal contributions under [section 5170c of this title](/usc/42/5170c.md) may be used to fund the development and updating of mitigation plans under this section.
  - (2) **Maximum Federal contribution—** With respect to any mitigation plan, a [State](/usc/42/5122.md?p=4), local, or tribal government may use an amount of Federal contributions under [section 5170c of this title](/usc/42/5170c.md) not to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government.
- (e) **Increased Federal share for hazard mitigation measures—**
  - (1) **In general—** If, at the time of the declaration of a [major disaster](/usc/42/5122.md?p=2) or event under [section 5187 of this title](/usc/42/5187.md), a [State](/usc/42/5122.md?p=4) has in effect an approved mitigation plan under this section, the President may increase to 20 percent, with respect to the [major disaster](/usc/42/5122.md?p=2) or event under [section 5187 of this title](/usc/42/5187.md), the maximum percentage specified in the last sentence of [section 5170c(a) of this title](/usc/42/5170c.md?p=a).
  - (2) **Factors for consideration—** In determining whether to increase the maximum percentage under [paragraph (1)](#e-1), the President shall consider whether the [State](/usc/42/5122.md?p=4) has established—
    - (A) eligibility criteria for property acquisition and other types of mitigation measures;
    - (B) requirements for cost effectiveness that are related to the eligibility criteria;
    - (C) a system of priorities that is related to the eligibility criteria; and
    - (D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete.

## Source credit

(Pub. L. 93–288, title III, § 322, as added Pub. L. 106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat. 1558; amended Pub. L. 115–254, div. D, § 1204(b)(2), Oct. 5, 2018, 132 Stat. 3439.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (e)(1). Pub. L. 115–254 inserted “or event under section 5187 of this title” after “major disaster” in two places.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.