Federal Mitigation Legislation
Spring 2019 Disaster Aid Package
In June, Congress passed a long-awaited $19 billion supplemental disaster aid package for states most affected by 2017, 2018 and 2019 disasters. Disaster mitigation sections included:
- $1 billion in Flood Control and Coastal Emergencies account for expenses to prepare for flood, hurricane, and other natural disasters, as well as support certain emergency response operations.
- Nearly $800 million to the Army Corps of Engineers to investigate and build high-priority flood and storm damage reduction projects.
- $2.4 billion in Community Development Block Grant funds, in part requiring any remaining funds to be used for mitigation activities.
- $50 million to the National Oceanic Atmospheric Administration to improve forecasting.
- $50 million for Title IX funds for public-private partnership to support coastal resiliency.
Fall 2018 Disaster Recovery Reform Act
Congress passedHR 302, the Disaster Recovery Reform Act (DRRA) in October 2018. Considered the most comprehensive disaster reform legislation since Hurricane Katrina, the new law covers the full spectrum of disaster phases but specifically increases the federal investment in predisaster mitigation.
DRRA establishes the Building Resilient Infrastructure and Communities program, which will commit certain funding from the Disaster Relief Fund to predisaster mitigation efforts. It allocates 6% of the combined obligations estimated following a major disaster—unemployment assistance, assistance to low-income migrant and seasonal farmworkers and crisis counseling assistance and training—to mitigation assistance (Section 1234). That 6% is made available the following year on a competitive basis for states that have experienced a major disaster in the last seven years to use for mitigation projects. Mitigation funding is also provided for wildfire prevention (Section 1204).
Important for states, Section 1239 of the law also directs the FEMA administrator to revise and update the factors considered when evaluating a governor’s request for a major disaster declaration, including the way FEMA estimates the cost of major disaster assistance based in part on the capacity of a jurisdiction to respond to disasters.
NCSLdrafted and advocated for language in the final law that specifically requires consultation with state and local governments:
“In determining the capacity of a jurisdiction to respond to disasters, and prior to the issuance of such a rule, the Administrator shall engage in meaningful consultation with relevant representatives of State, regional, local, and Indian tribal government stakeholders.”
The inclusion of this language ensures that FEMA considers this important perspective before making changes to the way disaster assistance is calculated, based on such capacity. This language reflects NCSL’s currentHomeland Security and Emergency Management policy, which in part promotes consultation as well as mitigation-focused policy. NCSL issued aletterto the full Senate in July of 2018 highlighting certain components of the legislation and advocating for its passage.
