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B. Hazard Mitigation Grant Program Post Fire

HMGP Post Fire assistance is available to help communities implement hazard mitigation measures after wildfire disasters in any area that receives a Fire Management Assistance Grant (FMAG) declaration.

Section 1204 of the Disaster Recovery Reform Act of 2018[31] amended Section 404 of the Stafford Act to allow FEMA to provide HMGP Post Fire assistance for hazard mitigation measures that substantially reduce the risk of future damage, hardship, loss or suffering in any area affected by a fire for which assistance was provided under Section 420 of the Stafford Act.[32] Therefore, unlike HMGP, the availability of HMGP Post Fire assistance is not contingent on a major disaster declaration and is instead triggered by an FMAG declaration.[33] Eligible activities may be outside of the declared area as long as the risk reduction benefits include the declared county or counties (e.g., watershed mitigation). If funding cannot be used in the declared areas, it may be made available statewide.

States and territories that have received an FMAG declaration and certain federally recognized tribes are eligible to apply for assistance under HMGP Post Fire.

Federally recognized tribes have multiple options for applying for HMGP Post Fire. Under an FMAG declaration made to a state or territory, federally recognized tribes with burned land from the FMAG declared event may request an HMGP award as recipients. Tribes (including federally recognized tribes) may also apply through the state to FEMA as subapplicants. Subapplicants will follow the standard HMGP subapplicant procedures consistent with program guidance including updates in effect at the time of the FMAG declaration.

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 Post Fire funding. In addition, recipients are required to prepare an HMGP Administrative Plan that must be approved by FEMA. The HMGP Administrative Plan is a procedural guide that details how the recipient will administer HMGP Post Fire awards.

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.[34] For more information about the declaration process, refer to 44 CFR §§ 206.31 – 49b or visit the FEMA “How a Disaster Gets Declared” webpage.

A signed FEMA-State Agreement or FEMA-Tribal Agreement is required to implement the HMGP Post Fire award following FMAG declarations. HMGP Post Fire is implemented pursuant to the FMAG state or tribal agreement.

For more HMGP Post Fire guidance, refer to Part 10.

Footnotes

31. Division D of Public Law 115-254 (Oct. 5, 2018)

32. 44 As amended, Section 420(d) of the Stafford Act states that “whether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with Section 404 [of the Stafford Act] in any area affected by a fire for which assistance was provided under this section.” Section 1204 of the Disaster Recovery Reform Act also amended Section 420 of the Stafford Act to parallel the change in Section 404. Section 420 of the Stafford Act authorizes FEMA to provide assistance under its FMAG program for the mitigation, management and control of any fire that threatens such destruction as would constitute a major disaster.