Robert T. Stafford Disaster Relief and Emergency Assistance Act,
Public Law 93-288, as amended, 42 U.S.C. 5121-5207,
and Related Authorities
UNITED STATES CODE
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 68. DISASTER RELIEF

Sec. 404. Hazard Mitigation (42 U.S.C. 5170c)*
(a) In General - The President may contribute up to 75 percent of the cost of hazard
mitigation measures which the President has determined are cost-effective and
which substantially reduce the risk of future damage, hardship, loss, or suffering in
any area affected by a major disaster. Such measures shall be identified following
the evaluation of natural hazards under section 5165 of this title and shall be
subject to approval by the President. Subject to section 5165 of this title , the total
of contributions under this section for a major disaster shall not exceed 15 percent
for amounts not more than $2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of
more than $10,000,000,000 and not more than $35,333,000,000 of the estimated
aggregate amount of grants to be made (less any associated administrative costs)
under this Act with respect to the major disaster.
(b) Property acquisition and relocation assistance -


(1) General authority - In providing hazard mitigation assistance under this
section in connection with flooding, the Director of the Federal Emergency
Management Agency may provide property acquisition and relocation
assistance for projects that meet the requirements of paragraph (2).
(2) Terms and conditions - An acquisition or relocation project shall be eligible
to receive assistance pursuant to paragraph (1) only if -
(A) the applicant for the assistance is otherwise eligible to receive
assistance under the hazard mitigation grant program established
under subsection (a); and
(B) on or after December 3, 1993, the applicant for the assistance enters
into an agreement with the Director that provides assurances that -
(i) any property acquired, accepted, or from which a structure
will be removed pursuant to the project will be dedicated and
maintained in perpetuity for a use that is compatible with
open space, recreational, or wetlands management practices;
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(ii) no new structure will be erected on property acquired,
accepted or from which a structure was removed under the
acquisition or relocation program other than--
(I) a public facility that is open on all sides and
functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Director approves in writing
before the commencement of the construction of the
structure; and
(iii)after receipt of the assistance, with respect to any property
acquired, accepted or from which a structure was removed
under the acquisition or relocation program--
(I) no subsequent application for additional disaster
assistance for any purpose will be made by the
recipient to any Federal entity; and
(II) no assistance referred to in subclause (I) will be
provided to the applicant by any Federal source.
(3) Statutory construction - Nothing in this subsection is intended to alter or
otherwise affect an agreement for an acquisition or relocation project
carried out pursuant to this section that was in effect on the day before
December 3, 1993.
(c) Program Administration by States -
(1) In general - A State desiring to administer the hazard mitigation grant
program established by this section with respect to hazard mitigation
assistance in the State may submit to the President an application for the
delegation of the authority to administer the program.
(2) Criteria - The President, in consultation and coordination with States and
local governments, shall establish criteria for the approval of applications
submitted under paragraph (1). The criteria shall include, at a minimum -
(A) the demonstrated ability of the State to manage the grant program
under this section;
(B) there being in effect an approved mitigation plan under section 5165
of this title; and
(C) a demonstrated commitment to mitigation activities.
(3) Approval - The President shall approve an application submitted under
paragraph (1) that meets the criteria established under paragraph (2).
(4) Withdrawal of approval - If, after approving an application of a State
submitted under paragraph (1), the President determines that the State is not
administering the hazard mitigation grant program established by this
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section in a manner satisfactory to the President, the President shall
withdraw the approval.
(5) Audits - The President shall provide for periodic audits of the hazard
mitigation grant programs administered by States under this subsection

reference link: https://www.fema.gov/pdf/about/stafford_act.pdf