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<br />co <br />= <br /> <br />~~ <br /> <br />~,1'>.,,' <br />~:>J <br /> <br />SECTION 406, P.L. 93-288 <br /> <br />" <br /> <br />Background and Authority <br />Section 406 0& Public Law 93-288 requires, as a condition to receiving fed- <br />eral disaster aid, that repairs be done in accordance with applicable codes, <br />specifications, and standards. It also requires the state or local govern- <br />ment recipient of federal aid to evaluate the natural hazards of the area in <br />which the aid is to be used and, if appropriate, take action to mitigate <br />them, including safe land use and construction practices in accordance with <br />standards prescribed or approved by the President after consultation with <br />local elected officials. <br /> <br />\: <br /> <br />In response to this legislation, the Federal Emergency Management Agency <br />promulgated regulations (44 FR 64809, Noyember 8, 1979). These regulations <br />(44 CFR 205, Subpart M - Hazard Mitigation Regulations) were intended to <br />respond to Section 406, and to complement and reinforce Executive Order <br />11988 - Floodplain Management; Executiye Order 11990 - Wetlands Protection; <br />and the National Environmental Policy Act of 1969, P.L. 91-190. <br /> <br />., <br /> <br />Summary of the Section 406 Process <br />The Subpart M regulations are based upon several important principles and <br />interpretations. First, Section 406 deals with the opportunities presented <br />in a current major disaster or emergency response effort to mitigate poten- <br />tial hardship and loss resulting from future disasters. FEMA's involvement <br />with natural hazard mitigation under Section 406 is triggered in post- <br />disaster situations. Second, the regulations facilitate the identification <br />and mitigation of hazards related to all types of disasters, although there <br />is priority attention placed on the type of catastrophe which resulted in <br />the current major disaster or emergency declaration. Third, the approach <br />is generally noncoercive; the regulations impose few mandates. Rather, FEMA <br />will cooperate with and encourage state and local governments to develop and <br />maintain reasonable and effectiye hazard mitigation strategies. Fourth, the <br />Regional Director's and the Governor's Authorized Representatives are vested <br />with broad discretion to determine how vigorously they pursue hazard mitiga- <br />tion objectives in each disaster. Fifth, hazard mitigation ef. < under <br /> <br />~ <br /> <br />APPENDIX A <br />