HMGP ensures that state, local, tribal and territorial governments have the financial opportunity to plan for and implement mitigation measures that reduce the risk of loss of life and property from future natural disasters during the reconstruction process following a disaster. HMGP is authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)[26] and implemented in regulations at 44 Code of Federal Regulations (CFR) §§ 206.430-440.
HMGP funding is available when authorized through a major disaster declaration. A governor,[27] tribal chief executive, or equivalent, may request that HMGP funding be available to the state or territory that was affected by the declared disaster. Federally recognized tribal governments, through their tribal chief executive,[28] may also submit a request for a disaster declaration within their impacted areas and request that HMGP funding be made available to them under that declaration. Upon the declaration of a major disaster or an emergency, the governor or tribal chief executive and the FEMA regional administrator or designee shall execute a FEMA-State Agreement or FEMA-Tribal Agreement. The Agreements state the understandings, commitments and conditions for assistance under which FEMA disaster assistance shall be provided.[29] For more information about the declaration process, refer to 44 CFR §§ 206.31 – 49b or visit the FEMA “How a Disaster Gets Declared” webpage.
The amount of HMGP funding available to the applicant is based on the estimated total federal assistance, subject to the sliding scale formula that FEMA provides for disaster recovery for each disaster declaration.[30] The formula provides for:
- Up to 15% of the first $2 billion of estimated aggregate amounts of disaster assistance.
- Up to 10% for amounts between $2 billion and $10 billion.
- Up to 7.5% for amounts between $10 billion and $35.333 billion.
For states and federally recognized tribal governments with enhanced mitigation plans, the eligible assistance is up to 20% for estimated aggregate amounts of disaster assistance, not to exceed $35.333 billion. The sliding scale does not apply to recipients with enhanced mitigation plans. For more information on how to advance mitigation planning to become enhanced, visit the FEMA “Regulations and Guidance” webpage.
The amount of HMGP funding available under the disaster declaration is apportioned among the applicants if there is more than one applicant. For example, if a state and a federally recognized tribe are applicants under the same disaster declaration, then the available HMGP funding is apportioned among the state and the federally recognized tribe. The apportionment is based on the disaster assistance provided within tribal land.
The award period of performance for HMGP begins with the opening of the application period and ends no later than 48 months from the close of the application period.
All applicants and subapplicants must have a FEMA-approved mitigation plan that has been adopted by the jurisdiction in accordance with 44 CFR Part 201 and applicable mitigation planning policies to receive HMGP funding.
In addition, recipients are required to prepare an HMGP Administrative Plan, which must be approved by FEMA. The HMGP Administrative Plan is a procedural guide that details how the recipient will administer HMGP awards.
For more HMGP guidance, refer to Part 10.