1998 Year of the Ocean Impacts of Global Climate Change 



Several proposals were made between 1990 and 1994 that would have established erosion 

 management authority within NFIP, but none succeeded. Instead, replacing the Upton Jones 

 amendment was section 577 of NFIRA, mandating an evaluation of erosion hazards. The study 

 shall be designed to assist Congress in determining whether the NFIP needs to revise its 

 treatment of structures at risk of erosion. Section 577 has these three key objectives: 



1 . Determine the amount of flood insurance claims that are attributable to erosion; 



2. Examine the economic impact of proposals to change the NFIP by denying flood 



insurance, or making flood insurance available at actuarial rates in communities 

 having erosion hazard areas; and 



3. Examine whether the costs of mapping erosion hazard areas exceed the benefits to the 



National Flood Insurance Fund. 



In addition, the study shall determine whether the expenditure of insurance premiums to map 

 erosion hazard areas is the most cost-beneficial use of these funds to the NFIP. 



Robert T. Stafford Disaster Relief and Assistance Act , 42 U.S.C. § 5121 et seq. 



This Act governs almost all aspects of the federal response to natural disasters. Once a 

 declaration of an emergency or a disaster has occurred, various actions by federal agencies as 

 well as expenditures in the form of grants are authorized. 



Important for mitigation are sections 404 (42 U.S.C. § 5170c) and 409 (42 U.S.C. §5176). 

 Section 409 of the Stafford Act requires state and local governments to evaluate the hazards in a 

 disaster area and take steps to mitigate those hazards, as a condition of receiving federal disaster 

 assistance. The hazard mitigation plan, called a section 409 plan, is a vehicle for accomplishing 

 this. It recommends policies, strategies and appropriate actions to reduce future losses. It must be 

 submitted to FEMA for approval within 180 days of the disaster declaration. 44 C.F.R. § 

 206.405(d). 



Section 404 authorizes Hazard Mitigation Grants to state, tribal and local governments and <. 

 certain private, non-profit organizations to undertake measured identified following the 

 evaluation of natural hazards under section 409. 



FEMA has just recently determined that any county in a state in which a natural disaster has 

 occurred is eligible for Section 404 funding, even if that county itself was not included in the 

 disaster declaration. FEMA concluded that this would better fulfill the purpose of the Hazard 

 Mitigation Grant Program, which is to reduce the risk of future damage and hardship. 62 Fed. 

 Reg. 36289. 



G-50 



