Public Assistance Mitigation

Hazard Mitigation under Section 406 of the Stafford Act provides an opportunity for applicants to strengthen damaged facilities during disaster recovery. While FEMA’s Public Assistance (PA) Program focuses on restoring disaster-damaged infrastructure, Public Assistance Mitigation, or 406 mitigation, allows applicants to incorporate improvements that reduce the likelihood of similar damage in future events. These mitigation measures must be cost-effective, directly related to the damaged elements of the facility, and compliant with all FEMA regulations.

Incorporating 406 mitigation into recovery projects helps communities build back stronger. Rather than simply replacing a damaged facility as it was, applicants can use this funding to reduce long-term risk, improve resilience, and minimize future recovery costs. Examples of Public Assistance Mitigation include:

  • Strengthening building components, such as upgrading roofing materials or reinforcing structural elements
  • Installing flood-resistant materials or elevating electrical equipment
  • Improving drainage systems associated with damaged roads or public facilities
  • Upgrading damaged utility components to more resilient standards
  • Adding protective barriers or anchors where repeated damage has occurred

The mitigation must directly address the type of damage caused by the disaster and cannot be used to expand the facility or add unrelated improvements.

406 mitigation becomes available once a facility is determined eligible for repair or replacement under the Public Assistance Program. During project development, FEMA, TEMA, and the applicant evaluate mitigation opportunities based on:

  • The cause of the damage
  • Past damage history
  • Facility function and criticality
  • Cost-effectiveness of proposed improvements

Mitigation options may be discussed during the Recovery Scoping Meeting or proposed later in the project formulation process.

For FEMA to approve 406 mitigation measures, they must be cost-effective. FEMA typically uses one of the following methods:

  • Cost-effectiveness thresholds: Generally, mitigation costs must be less than 15% of total project repair costs.
  • Benefit-Cost Analysis (BCA): Required for larger or more complex mitigation proposals.
  • Pre-approved mitigation measures: FEMA maintains a list of measures that are automatically considered cost-effective.

TEMA and FEMA will work with applicants to determine the appropriate method for each project.

All mitigation work must comply with FEMA’s Environmental and Historic Preservation (EHP) requirements. Early coordination helps prevent delays and ensures the proposed improvements meet program standards.

Applicants should maintain:

  • Photographs
  • Environmental assessments
  • Engineering reports
  • Permits and consultation documents

Applicants should identify mitigation opportunities early and discuss them with FEMA and TEMA during project development. To propose mitigation, applicants should:

  • Describe the damage and why it occurred
  • Explain how the proposed measure reduces future risk
  • Provide engineering or technical documentation when required
  • Estimate mitigation costs separately from repair costs
  • FEMA will evaluate the proposal and determine whether it meets eligibility and cost-effectiveness criteria.

As you are trying to decide where to apply for 406 PA Mitigation or 404 Hazard Mitigation Grant Program (HMGP), try to maximize PA Mitigation funding to the fullest extent possible for mitigation measures on damaged facilities eligible for PA permanent work before trying to utilize HMGP on facilities. This preserves HMGP funding for other projects.

  • 406 Mitigation is part of FEMA’s Public Assistance (PA) Program and provides funding to improve damaged facilities during repair or replacement.
  • 404 Mitigation is funded through FEMA’s Hazard Mitigation Grant Program (HMGP) and supports broader, communitywide mitigation projects not limited to repairing damaged facilities.

Side-by-Side Summary

 

Feature 406 Mitigation (PA Program) 404 Mitigation (HMGP)
Authority Stafford Act §406 Stafford Act §404
When Used During repair of damaged facilities After a disaster, statewide
Connection to Damage Must relate to actual disaster damage Not tied to damage; reduces general long-term risk
Project Scope Limited to damaged components Communitywide or large-scale
Application Method Built into a PA project worksheet Separate HMGP application
Eligible Applicants PA-eligible entities only Most local governments; some nonprofits
Examples Harden roof, elevate utilities, larger culvert Buyouts, safe rooms, drainage upgrades

TEMA works with applicants to evaluate both 406 and 404 mitigation opportunities. Discussing mitigation early helps ensure projects meet FEMA requirements and maximize long-term resilience.