Item I2 I2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
November 8, 2023
Agenda Item Number: I2
2023-1717
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Mike Lalbachan
9:00am
AGENDA ITEM WORDING:
Approval to submit Residential Elevation Applications under the Flood Mitigation Assistance (FMA)
program issued by U.S. Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA) for fiscal year 2023 (Funding Opportunity Number: DHS-23-MT-029-000-98) with an
estimated projects' budget amount of$7,000,000, with property owners paying all match required.
ITEM BACKGROUND:
The Flood Mitigation Assistance (FMA)program makes federal funds available to local communities to
reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the
National Flood Insurance Program(NFIP) on a yearly basis. Local governments are considered sub-
applicants and must submit sub-applications to the Florida Division of Emergency Management
(FDEM). FDEM has been authorized by FEMA as the only agency that is allowed to submit FMA
applications for the State of Florida.
Typically, federal funding from FEMA is available for up to 75% of eligible activity costs. However,
Severe Repetitive Loss (SRL)properties may be funded up to 100% and Repetitive Loss (RL)
properties up to 90%. Homeowners provide the local match(non-federal match) for elevations, if
applicable. All properties are required to be elevated at least 2' above minimum base flood elevation
(BFE).
Monroe County began participating in the FMA program in FY21. The BOCC agreed to operate this
program in both unincorporated Monroe County and the incorporated Cities.
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For Fiscal Year 2023, FEMA allocated at least $220 million through the Flood Mitigation Assistance
grant program to Individual Flood Mitigation Projects. Monroe County is eligible to apply for FMA
funding for mitigation activities under the Individual Flood Mitigation Projects in support of creating a
more resilient community and will be submitting approximately 20 residential elevation applications
with a total project cost of approximately $7,000,000.
Furthermore, for FY23, FEMA will prioritize applications that will mitigate flood damage to at least 75
percent of structures included in the project that meet the definition of SRL and RL. Also, FEMA may
rank applications lower where the average elevation federal cost share is greater than $250,000 for all
single dwelling units. As a result, staff will be combining applications that have at least 75% of Severe
Repetitive Loss or Repetitive Loss properties with the lowest cost estimates' applications that are non-
SRL or non-RL properties to gain a favorable selection from FEMA.
Staff will accept applications from property owners Countywide including incorporated cities and
unincorporate Monroe County. Property Owners are required to submit applications by November 15,
2023.
FDEM has established a deadline for the County to submit all applications by December 1, 2023, by
5:00 PM EST.
If these applications are approved by FEMA and selected for grant award, the State (FDEM) will enter
into a grant agreement with the County for administration of the program. Monroe County will then
execute agreements with the homeowners to assist them in implementing their projects. The County
will request management costs to help implement these projects.
PREVIOUS RELEVANT BOCC ACTION:
On October 20, 2021, Monroe County BOCC granted approval to submit 2021 FMA grant applications
for Elevation, Mitigation Reconstruction and Acquisition Projects for privately owned properties.
On October 19, 2022, Monroe County BOCC granted approval to submit 2022 FMA grant applications
for Elevation, Mitigation Reconstruction and Acquisition Projects for privately owned properties.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve staff to submit FMA grant applications for residential
elevation projects for FY 2023 to FEMA via the Florida Division of Emergency Management(FDEM)
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DOCUMENTATION:
FY 2023 FMA Notice Of Funding Opportunity (NOFO).pdf
FDEM FY 2023 Flood Mitigation Assistance Application Period Announcement.pdf
FINANCIAL IMPACT:
N/A
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1
The Department of Homeland Security(DHS)
Notice of Funding Opportunity(NOFO)
Fiscal Year 2023 Flood Mitigation Assistance
SUMMARY OVERVIEW OF KEY INFORMATION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD
MITIGATION ASSISTANCE FMA
Program The Flood Mitigation Assistance (FMA) grant program makes federal funds
Overview available to states, U.S. territories, federally recognized Tribal governments,'
and local governments to reduce or eliminate the risk of repetitive flood
damage to buildings and structures insured under the National Flood
Insurance Program (NFIP), and within NFIP-participating communities. It
does so with a recognition of the growing flood hazards associated with
climate change,' and of the need for flood hazard risk mitigation activities
that promote climate adaptation, equity, and resilience with respect to
flooding. These include both acute extreme weather events and chronic
stressors which have been observed and are expected to increase in intensity
and frequency in the future. From Fiscal Year(FY) 1996 to FY 2019, FMA
obligated over $1.5 billion in federal cost share mitigating over 8,000
properties insured by the NFIP
Goals and The purpose of the FMA program is to reduce or eliminate the flood risk of
Objective repetitive flood damage to structures and buildings insured by the NFIP, and
to enhance community flood resilience within NFIP-participating
communities.
Eligible The FMA grant program funds three types of activities and projects:
Projects Capability and Capacity Building Activities, Localized Flood Risk
Reduction Projects, and Individual Flood Mitigation Projects
Deadlines Application Start Date: 10/16/2023
Applicants Who Experience System-Related Issues Deadline: 02/27/2024 at
3:00 PM ET
Application Submission Deadline: 02/29/2024 at 03:00:00 PM ET
Funding Available Funding for the NOFO: $800,000,000
Amount • Capability and Capacity Building Activities subtotal: $60,000,000
• Localized Flood Risk Reduction Projects subtotal: $520,000,000
• Individual Flood Mitigation Projects subtotal: $220,000,000
Eligible • States
Applicants . District of Columbia
• U.S. territories
'The term"federally recognized Tribal government,"as used in this funding opportunity,has the same meaning as"Indian
Tribal government,"as defined at 44 C.F.R. §77.2(f).
2 Climate change is defined as"Changes in average weather conditions that persist over multiple decades or longer.Climate
change encompasses both increases and decreases in temperature,as well as shifts in precipitation,changing risk of certain types
of severe weather events,and changes to other features of the climate system"(Fourth National Climate Assessment).
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• Federally recognized Tribal governments
Cost Share Capability and Capacity Building Activities federal cost share options:
• Up to 90% federal cost share funding if the average Centers for
Disease Control and Prevention (CDC) Social Vulnerability Index
(SVI) score is not less than 0.5001 for the benefiting area(s)
substantiated by a benefiting area map, and the activity must be
funded by Bipartisan Infrastructure Law (BIL). FEMA will
determine the CDC SVI score using the following three SVI themes:
Socioeconomic Status, Household Characteristics, and Housing Type
and Transportation. Or
• Up to 75% federal cost share funding if a higher federal cost share is
not available.
Localized Flood Fisk Reduction Projects federal cost share options:
• Up to 90% federal cost share funding if the average CDC SVI score
is not less than 0.5001 for the project benefiting area containing
NFIP-insured properties, and the activity must be funded by the BIL.
FEMA will determine the CDC SVI score using the following three
SVI themes: Socioeconomic Status, Household Characteristics, and
Housing Type and Transportation. Or
• Up to 75% federal cost share funding if a higher cost share is not
available.
Individual Flood Mitigation Projects federal share options:
• Up to 100% federal cost share funding for FMA defined Severe
Repetitive Loss (SRL) (B)(i) or(B)(ii)properties in 42 U.S.C. §
4104c(h)(3). Or
• Up to 90% federal cost share funding for FMA defined Repetitive
Loss (RL)properties in 42 U.S.C. § 4121(a)(7). Or
• Up to 90% federal cost share funding for each NFIP-insured property
located within a census tract with a CDC SVI score is not less than
0.5001, and the activity must be funded by the BIL. FEMA will
determine the CDC SVI score using the following three SVI themes:
Socioeconomic Status, Household Characteristics, and Housing Type
and Transportation. Or
• Up to 75% federal cost share funding if a higher federal cost share is
not available.
All entities wishing to do business with the federal government must have a unique entity
identifier (UEI). The UEI number is issued by the SAM system. Requesting a UEI using
Sam.gov can be found at: hops://sam.gov/content/entity-registration.
Grants.gov registration information can be found at:
hiips.://www.grants.gov/web/grants/register.htinl.
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Planned UEI Updates in Grant Application Forms:
On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced
by a new, non-proprietary identifier requested in, and assigned by, the System for Award
Management(SAM.gov). This new identifier is the Unique Entity Identifier ((JEI).
Additional Information can be found on Grams.gov:
hops://www. rg ants.gov/web/grants/farms/planned-uei-updates.html
Table of Contents
Planned UEI Updates in Grant Application Forms: ..............................................................3
A. Program Description...............................................................................................................6
1. Issued By......................................................................................................................6
2. Assistance Listings Number..........................................................................................6
3. Assistance Listings Title...............................................................................................6
4. Funding Opportunity Title............................................................................................6
5. Funding Opportunity Number.......................................................................................6
6. Authorizing Authority for Program...............................................................................6
7. Appropriation Authority for Program............................................................................6
8. Announcement Type.....................................................................................................6
9. Program Category.........................................................................................................6
10. Program Overview, Objectives, and Priorities...............................................................6
11. Performance Measures..................................................................................................8
B. Federal Award Information..................................................................................................9
1. Available Funding for the NOFO: $800,000,000......................................................9
2. Projected Number of Awards: 40 awards; 725 subawards .........................................10
3. Period of Performance: 36 months..........................................................................11
4. Projected Period of Performance Start Date(s): Will vary by award ...........................11
5. Projected Period of Performance End Date(s): 36 months for all projects from date of
award unless otherwise approved by FEMA ...............................................................11
6. Funding Instrument Type: Grant.............................................................................11
C. Eligibility Information.......................................................................................................11
1. Eligible Applicants.....................................................................................................11
2. Applicant Eligibility Criteria.......................................................................................12
3. Other Eligibility Criteria.............................................................................................12
5. Cost Share or Match.......................................................................................................15
D. Application and Submission Information...........................................................................19
1. Key Dates and Times..................................................................................................19
a. Application Start Date: 10/16/2023.....................................................................19
b. Application Submission Deadline: 02/29/2024 at 03:00:00 PM ET.......................19
c. Other Key Dates.....................................................................................................20
2. Agreeing to Terms and Conditions of the Award........................................................20
3. Address to Request Application Package....................................................................20
4. Requirements: Obtain a Unique Entity Identifier(UEI) and Register in the System for
AwardManagement(SAM)........................................................................................20
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5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award
Management(SAM), and Submit an Application........................................................20
6. Electronic Delivery.....................................................................................................22
7. How to Register to Apply...........................................................................................22
a. General Instructions: ..............................................................................................22
b. Obtain an UEI Number:..........................................................................................22
c. Obtain Employer Identification Number.................................................................22
d. Create a login.gov account: ....................................................................................22
e. Register with SAM:................................................................................................23
f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR:
24
8. Submitting the Application.........................................................................................24
9. Timely Receipt Requirements and Proof of Timely Submission..................................24
10. Content and Form of Application Submission.............................................................25
a. Standard Required Application Forms and Information..........................................25
b. Program-Specific Required Forms and Information................................................25
11. Other Submission Requirements.................................................................................27
a. Benefit-Cost Analysis (BCA) for Hazard Mitigation Projects.................................27
b. Acquisition Project Requirements...........................................................................28
c. Go/No-Go Milestones ............................................................................................29
d. National Environmental Policy Act Requirement for Hazard Mitigation Projects ...29
12. Intergovernmental Review..........................................................................................29
13. Funding Restrictions and Allowable Costs..................................................................30
a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications
Equipmentor Services................................................................................................30
b. Pre-Award Costs ....................................................................................................32
c. Management Costs.................................................................................................32
d. Indirect Facilities & Administrative (F&A) Costs...................................................34
E. Application Review Information........................................................................................34
1. Application Evaluation Criteria...................................................................................34
a. Programmatic Criteria............................................................................................34
b. Financial Integrity Criteria .....................................................................................35
c. Supplemental Financial Integrity Criteria and Review............................................35
2. Review and Selection Process.....................................................................................36
a. Selection Order ......................................................................................................36
b. Selection Status ......................................................................................................49
c. Request for Reconsideration..................................................................................50
F. Federal Award Administration Information........................................................................50
1. Notice of Award.........................................................................................................50
2. Administrative and National Policy Requirements......................................................51
a. DHS Standard Terms and Conditions.....................................................................51
b. Ensuring the Protection of Civil Rights...................................................................51
c. Environmental Planning and Historic Preservation(EHP) Compliance...................52
d. Construction Project Requirements.........................................................................54
3. Reporting....................................................................................................................54
a. Financial Reporting Requirements..........................................................................55
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b. Programmatic Performance Reporting Requirements..............................................55
c. Closeout Reporting Requirements ..........................................................................55
d. Additional Reporting Requirements........................................................................57
4. Monitoring and Oversight...........................................................................................58
G. DHS Awarding Agency Contact Information.....................................................................59
1. Contact and Resource Information..............................................................................59
a. Program Office Contact..........................................................................................59
c. FEMA Regional Offices.........................................................................................60
d. Equal Rights...........................................................................................................61
e. Environmental Planning and Historic Preservation.................................................61
2. Systems Information...................................................................................................61
a. FEMA GO .............................................................................................................61
H. Additional Information ......................................................................................................61
1. Termination Provisions...............................................................................................61
a. Noncompliance ......................................................................................................61
b. With the Consent of the Recipient..........................................................................61
c. Notification by the Recipient..................................................................................62
2. Program Evaluation.......................................................................................................62
3. Period of Performance Extensions ..............................................................................62
4. Disability Integration ...................................................................................................63
5. Conflicts of Interest in the Administration of Federal Awards or Subawards...............64
6. Procurement Integrity.................................................................................................65
a. Important Changes to Procurement Standards in 2 C.F.R. Part 200.........................65
b. Competition and Conflicts of Interest.....................................................................66
c. Supply Schedules and Purchasing Programs...........................................................68
d. Prohibition on Use of Funds to Support or Oppose Union Organizing.....................68
d. Procurement Documentation ..................................................................................69
7. Financial Assistance Programs for Infrastructure............................................................69
a. Build America, Buy America Act...........................................................................69
Waivers ......................................................................................................................70
Definitions..................................................................................................................70
8. Record Retention........................................................................................................71
a. Record Retention Period.........................................................................................71
b. Types of Records to Retain.....................................................................................72
9. Actions to Address Noncompliance............................................................................73
10. Audits.........................................................................................................................74
11. Payment Information..................................................................................................75
12. Whole Community Preparedness................................................................................76
13. Extraordinary Circumstances......................................................................................76
14. Phased Projects...........................................................................................................77
a. Pre-screening Process.............................................................................................78
b. Phase I Award........................................................................................................78
c. Phase II Award Amendment- Construction Process...............................................79
15. Integrating Hazard Mitigation and Planning.................................................................80
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A. Program Description
1. Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA)/Resilience/Hazard Mitigation Directorate/Hazard Mitigation Assistance (HMA)
Division
2. Assistance Listings Number
97.029
3. Assistance Listings Title
Flood Mitigation Assistance
4. Funding Opportunity Title
Fiscal Year 2023 Flood Mitigation Assistance
5. Funding Opportunity Number
DHS-23-MT-029-000-98
6. Authorizing Authority for Program
Section 1366 of The National Flood Insurance Act of 1968, as amended(Pub. L. No. 90-448)
(codified as amended at 42 U.S.C. § 4104c); and Division J, Title V of the Infrastructure
Investment and Jobs Act(Pub. L. No. 117-58), 135 Stat. 1387-1388 (2021).
7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2023, Pub. L. No. 117-328; and
Division J, Title V of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, 135
Stat. 1387-1388 (2021).
8. Announcement Type
Initial
9. Program Category
Mitigation: Natural Hazards
10. Program Overview, Objectives, and Priorities
a. Overview
The Flood Mitigation Assistance (FMA) grant program makes federal funds available to states,
U.S. territories, federally recognized Tribal governments,3 and local governments to reduce or
eliminate the risk of repetitive flood damage to buildings and structures insured under the
National Flood Insurance Program (NFIP), and within NFIP-participating communities. It does
3 The term"federally recognized Tribal government,"as used in this funding opportunity,has the same meaning as"Indian
Tribal government,"as defined at 44 C.F.R. §77.2(f).
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so with a recognition of the growing flood hazards associated with climate change,' and of the
need for flood hazard risk mitigation activities that promote climate adaptation, equity, and
resilience with respect to flooding. These include both acute extreme weather events and chronic
stressors which have been observed and are expected to increase in intensity and frequency in the
future. From Fiscal Year(FY) 1996 to FY 2019, FMA obligated over $1.5 billion in federal cost
share mitigating over 8,000 properties insured by the NFIP.
The FMA grant program aligns with the 2020-2024 DHS Strateg c Plan through pursuing Goal
5: Strengthen Preparedness and Resilience. Specifically, Objective 5.1: Build a National Culture
of Preparedness has several sub-objectives that the FMA program supports. FMA serves
primarily to bolster Sub-Objective 5.1.1: Incentivize investments that reduce risk and increase
pre-disaster mitigation, including expanding the use of insurance to manage risk through funding
hazard mitigation activities and projects, particularly ones that reduce risk to NFIP-insured
structures. Additionally, FMA's Capability and Capacity Building Activities also contribute to
other sub-objectives. For example,planning,partnerships, and project scoping efforts help
improve awareness initiatives to encourage public action to increase preparedness (Sub-
Objective 5.1.2), use lessons from past disasters and exercises to inform community investment
decisions and anticipate challenges that may emerge during future disasters (Sub-Objective
5.1.3), and coordinate and guide continuity of operations activities through partnerships with
government and non-government stakeholders (Sub-Objective 5.1.5).
The 2022-2026 FEMA Strategic Plan outlines a bold vision and three ambitious goals designed
to address key challenges the agency faces during a pivotal moment in the field of emergency
management: Goal 1 - Instill equity as a foundation of emergency management, Goal 2 - Lead
the whole of community in climate resilience, and Goal 3 -Promote and sustain a ready FEMA
and prepared nation. Most notably, the FMA program supports Objective 1.2: Remove barriers to
FEMA programs through a people first approach, Objective 1.3: Achieve equitable outcomes for
those we serve, and Objective 2.2: Build a climate resilient nation. FMA also supports the
National Mitigation Investment Strategy and the FIMA FY 2021-2023 Mitigation Strategy by
advancing mitigation investment to reduce risks posed by natural hazards and increasing the
nation's resilience to natural hazards.
Awards made under this Notice of Funding Opportunity (NOFO)will be funded, in whole or in
part, with funds appropriated by the Infrastructure Investment and Jobs Act(IIJA) Pub. L. No.
117-58, 135 Stat. 1387-1388 (2021), also known as the Bipartisan Infrastructure Law (BIL). The
BIL is a once-in-a-generation investment in infrastructure, which will grow a more sustainable,
resilient, and equitable economy by enhancing U.S. competitiveness, driving the creation of
good-paying jobs with the free and fair choice to join a union, and ensuring stronger access to
economic and environmental benefits for disadvantaged communities. The BIL appropriates
billions of dollars to FEMA to promote resilient infrastructure, respond to the impacts of climate
change, and equip our nation with the resources to combat its most pressing threats.
'Climate change is defined as"Changes in average weather conditions that persist over multiple decades or longer.Climate
change encompasses both increases and decreases in temperature,as well as shifts in precipitation,changing risk of certain types
of severe weather events,and changes to other features of the climate system"(Fourth National Climate Assessment).
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BIL authorizes FMA to provide an increased federal cost share for an NFIP property that is
located within a census tract with a Centers for Disease Control and Prevention (CDC) Social
Vulnerability Index (SVI) score of not less than 0.5001, and the activity is funded by BIL.
FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic
Status, Household Characteristics, and Housing Type and Transportation. Refer to Section CA,
Cost Share or Match of this funding opportunity.
b. Objectives
The purpose of the FMA program is to reduce or eliminate the flood risk of repetitive flood
damage to structures and buildings insured by the NFIP, and to enhance community flood
resilience within NFIP-participating communities.
c. Priorities
The FMA grant program funds three types of activities and projects: Capability and Capacity
Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation
Projects. FMA encourages flood mitigation projects that will benefit multiple properties located
in an NFIP-participating community.5
In addition, FMA aims to incentivize flood mitigation activities and projects that advance equity
(see Executive Order 14091: Further Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government) and that will benefit disadvantaged communities
as referenced in Executive Order (EO) 14008: Tackling the Climate Crisis at Home and Abroad.
In implementing the Administration's Justice40 Initiative, established in EO 14008 and
discussed in subsequent guidance, the FMA program will be identifying a disadvantaged
community, also referred to as a Justice40 Community, using version 1.0 of the Climate and
Economic Justice Screening Tool (CEJST). Justice40 Communities are considered
disadvantaged if they are in census tracts that meet the thresholds for at least one of the tool's
categories of burden, or if they are on lands within the boundaries of a federally recognized
Tribal government. In addition, census tracts that are completely surrounded by disadvantaged
communities are also considered disadvantaged if they meet an adjusted low-income threshold
(at or above the 50th percentile). Justice40 Communities have been marginalized by society,
overburdened by pollution and/or underserved by infrastructure and other basic services. More
information about the CEJST methodology, datasets, and downloadable files can be found on the
CEJST website at hops.//screeningtool.geoplatfonn.gov,
11. Performance Measures
The following key performance indicators provide strategic and relevant information to
decisionmakers and stakeholders about FMA's progress and success toward achieving goals and
objectives, and are based on measurable data that are available or could be feasibly collected:
• Total number of NFIP-insured properties selected that are FMA and/or NFIP defined
Severe Repetitive Loss (SRL), Repetitive Loss (RL), and Substantially Damaged.
5 NFIP participating community information can be found via the Community Status Book at https://www.fema.gov/flood-
insurance/work-with-nfip/community-status-book.
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• Total federal cost share funding invested in or benefitting Justice40 Communities
identified using version 1.0 of the Climate and Economic Justice Screening Tool
ECUST .
• Total dollar amount of flood losses avoided in projects or communities funded by FMA
subapplications.
FEMA recognizes that many effective resilience solutions, such as nature-based solutions, yield
critical benefits that are not monetizable. As such, FEMA notes that these key performance
indicators are not determinative of whether an application to the FMA grant program is selected
for funding.
FEMA will further assess the recipient's performance against the program objective during the
award closeout process as outlined in Section F.3.c of this funding opportunity.
B. Federal Award Information
1. Available Funding for the NOFO: $800,000,000
a) Capability and Capacity Building Activities subtotal: $60,000,000
b) Localized Flood Risk Reduction Projects subtotal: $520,000,000
c) Individual Flood Mitigation Projects subtotal: $220,000,000
2. FEMA will distribute the available FY 2023 FMA funding amount and federal activity cap as
follows:
a. Capability and Capacity Building Activities
a. FEMA will select up to $60,000,000 Capability and Capacity Building Activities
to develop future Localized Flood Risk Reduction Projects and/or Individual
Flood Mitigation Projects that will subsequently reduce flood claims against the
NFIP.
i. Capability and Capacity Building Activities will be prioritized and
selected according to the following hierarchical order: Mitigation Plans
under 42 U.S.C. § 4104c(c)(3)(F); Technical Assistance by States to
Communities under 42 U.S.C. § 4104c(c)(3)(J); Project Scoping; and
Additional Capability and Capacity Building Activities (Partnership
Development to Conduct Eligible Mitigation Activities; Enhancing Local
Floodplain Management; Severe Repetitive Loss (SRL)/Repetitive Loss
(RL) Strategy Development; and other eligible Capability and Capacity
Building Activities under 42 U.S.C. § 4104c(c)(3)(G)).
ii. For more information, refer to the Capability and Capacity Building
Activities Fact Sheet at
hLtps://www.fema.gov/grants/mitigation/floods/filia-resources.
b. Capability and Capacity Building Activities federal activity cap per
subapplication are:
i. $100,000 for Mitigation Plans under 42 U.S.C. 4104c(c)(3)(F) per
Applicant with maximums of:
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1. $50,000 for state mitigation plan
2. $25,000 for local mitigation plan
ii. $50,000 for Technical Assistance by States to Communities (42 U.S.C.
4104c(c)(3)(J))
iii. $900,000 for Project Scoping
iv. $300,000 for Additional Capability and Capacity Building Activities
(Partnership Development to Conduct Eligible Mitigation Activities,
Enhancing Local Floodplain Management, SRL/RL Strategy
Development, and other eligible Capability and Capacity Building
Activities under 42 U.S.C. 4104c(c)(3)(G)).
b. Localized Flood Risk Reduction Projects
a. FEMA will select up to $520,000,000 of Localized Flood Risk Reduction Projects
that address community flood risk for the purpose of reducing NFIP flood claim
payments.
i. For more information, refer to the Localized Flood Risk Reduction
Projects Fact Sheet at hops://www.fema.gov/grans/mitigation/floods/fma-
resources and to the 2023 Hazard Mitigation Assistance Program and
Polices.
b. Localized Flood Risk Reduction Projects federal activity cap per subapplication is
$50,000,000 per project.
c. Individual Flood Mitigation Projects
a. FEMA will select at least$220,000,000 of Individual Flood Mitigation Projects
that mitigate the risk of flooding to individual NFIP insured structures.
b. Individual Flood Mitigation Projects do not have a federal activity cap.
d. Funding for Applicant Management Costs is included in each of the priority funding caps
provided for Capability and Capacity Building Activities, Localized Flood Risk
Reduction Projects, and Individual Flood Mitigation Project caps. Applicants are
authorized to receive up to 10% of the awarded activities. For more information, see
Section I, Management Costs of this funding opportunity.
e. For more information on FY 2023 FMA funding priorities and eligible activities, see
Section E, Application Review Information, Review, and Selection Process of this
funding opportunity.
f. For more information about uses of assistance under FMA, including how to submit
various project types in FEMA Grants Outcomes (FEMA GO), refer to FMA resources at
hiips.://www.fema.gov/grants/mitigation/floods/fina-resources.
2. Projected Number of Awards: 40 awards; 725 subawards
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3. Period of Performance: 36 months
The Period of Performance (POP) is 36 months, starting on the date of the recipient's federal
award. Given the complexity of the Localized Flood Risk Reduction Projects, the applicant may
submit a request for a longer POP in the application for FEMA to review and approve. A longer
POP for a Localized Flood Risk Reduction Project must be requested, documented, reasonable,
and justified. Any subsequent amendments to the federal award will not extend the POP unless
explicitly stated.
Extensions to the period of performance are allowed. For additional information on period of
performance extensions, please refer to Section H of this funding opportunity.
FEMA awards under most programs, including this program, only include one budget period, so
it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of"budget
period" and "period of performance."
4. Projected Period of Performance Start Date(s): Will vary by award
5. Projected Period of Performance End Date(s): 36 months for all projects
from date of award unless
otherwise approved by
FEMA
6. Funding Instrument Type: Grant
C. Eligibility Information
1. Eligible Applicants
• States
• District of Columbia
• U.S. territories
• Federally recognized Tribal governments
Each state, territory, the District of Columbia, and federally recognized Tribal government shall
designate one agency to serve as the applicant for FMA funding. The designee is strongly
encouraged to conduct outreach with disadvantaged communities as referenced in Executive
Order 14008 prior to and during the application process. Each applicant's designated agency may
submit only one FMA grant application to FEMA.
Communities, including local governments, cities, townships, counties, special district
governments, and Tribal governments (including federally recognized Tribes who choose to
apply as subapplicants), are considered subapplicants and must submit subapplications to their
state/territory/Tribal applicant agency. Certain political subdivisions (for example, regional flood
control districts or county governments) may apply and act as subapplicants if they are part of a
community participating in the NFIP where the political subdivision provides zoning and
building code enforcement or planning and community development professional services for
that community. Subapplications under which two or more entities would carry out the award are
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eligible, such as a multi-state or multi-Tribal initiative; however, only one entity may be the
subapplicant with primary responsibility for carrying out the award. Contact information for the
State Hazard Mitigation Officers is provided on the FEMA website at
hiips.://www.fema.gov/grants/mitigation/state-contacts.
2. Applicant Eligibility Criteria
• All applicants and subapplicants must be participating in the NFIP, and not be
withdrawn, on probation, or suspended. NFIP community status can be verified at
hiips.://www.fema.gov/flood-in.surance/worl<--with-nfip/communiiy-stattis-book.
• Structures eligible for Individual Flood Mitigation Projects must have an NFIP policy
(including a Group Flood Insurance Policy [GFIP]) in effect prior to the opening of
the application period and the policy must be maintained throughout the life of the
structure. The requirement of maintaining flood insurance shall apply during the life
of the property, regardless of transfer of ownership of such property. If the
subapplicant does not comply with this requirement, FEMA may take one or more
actions as remedies for noncompliance, as appropriate. This could include
disallowing all or part of the cost of the activity or action not in compliance. For more
information, see 44 C.F.R. § 77.6.
• Applicants are required to have a FEMA-approved State or Tribal Hazard Mitigation
Plan in accordance with 44 C.F.R. Part 201 by the application deadline and at the
time of obligation of the award. More detailed information is provided in Part 4.
Eligibility and Requirements, C. Hazard Mitigation Plan Requirements, of the 2023
Hazard Mitigation Assistance Program and Policy Guide at
hiips.://www.fema.gov/grants/mitigation/hazard-mitigation-assi stance-guidance
• Subapplicants are required to have a FEMA-approved Local or Tribal Hazard
Mitigation Plan in accordance with 44 C.F.R. Part 201 by the application deadline
and at the time of obligation of grant funds for Capability and Capacity Building
Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation
Project subapplications. Capability and Capacity Building Activities' Mitigation Plans
subapplications are exempt from the hazard mitigation plan requirement for
subapplicants only. Mitigation plan integration, while not required to be eligible for
FMA, is encouraged. For additional information, refer to section H.14 of this funding
opportunity. Local hazard mitigation plans must conform to the Local Plan Review
Guide, or any subsequent local mitigation planning guide that supersedes it.
• To be considered for financial assistance, all applicants must submit their FY 2023
FMA grant applications to FEMA via FEMA GO. Refer to Section D, Application
and Submission Information of this funding opportunity.
3. Other Eligibility Criteria
• All activities under FMA must be in conformance with all criteria established by
FEMA that is specific to the proposed activity found in the 2023 Hazard-MijigaiiDn
Assistance Program and Polices. All subapplications submitted under the
Capability and Capacity Building Activities priority must demonstrate that the
Capability and Capacity Building Activities will reduce flood claims against the
NFIP. Capability and Capacity Building Activities should result in a resource,
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strategy, or tangible mitigation product that will reduce or eliminate risk and damage
from future flooding and increase community resilience.
• All Capability and Capacity Building Activities Localized Flood Risk Reduction
Project subapplications, and Individual Flood Mitigation Project subapplications
submitted as part of an FMA grant application must be consistent with the goals and
objectives identified in the current, FEMA-approved State or Tribal (Standard or
Enhanced) Mitigation Plan and the local mitigation plan for the jurisdiction in which
the project is located. Hazard Mitigation Plans should reflect state-wide mitigation
priorities across all potential federal and non-federal mitigation funding sources.
Current mitigation plans are not required for applicants and subapplicants submitting
Capability and Capacity Building Activities' Mitigation Plans subapplications to
develop a new mitigation plan or to update a mitigation plan.
• On April 19, 2022, FEMA updated the State and Local Mitigation Planning Policy
Guides (policies). On April 19, 2023,they went into effect. This means that all state
and local mitigation plans must meet the updated requirements. For instance, it is
required that state plans weigh equity and the impacts of climate change. FMA
funding can be used for mitigation planning grants, with a focus on integrating
equity, climate impacts, and floodplain management. For more information on
funding and designing the mitigation planning process to integrate floodplain
management planning and maximize Community Rating System Activity 510 points,
refer to Mitigation Planning and the Community Rating System: Key Topics Bulletin
fema. ov) , and the Local Hazard Mitigation Plan and Community Rating System
Crosswalk Starter Kit in the Local Mitigation Planning Handbook
fema. ov . For more information on requirements for approved mitigation plans,
States should refer to the State Mitigation Planning Policy Guide(FP 302-094-2,
April 19, 2022). Local governments should refer to the Local Mitigation Planning
Policy Guide (FP-206-21-0002, April 19, 2022). Tribal governments should refer to
the Tribal Mitigation Plan Review Guide (December 2017)
(hops://www.fema.gov/sites/default/files/2020-06/fema-tribal-miti atg ion-plan-
review-guide_12-05-2017.pdf).
• All subapplications submitted under the Capability and Capacity Building Activities
-Project Scoping and Additional Capability and Capacity Building Activities
priorities, and Localized Flood Risk Reduction Project priority (see Section E,
Application Review Information, of this funding opportunity) must demonstrate that
the proposed project benefits NFIP insured properties by submitting a map and
associated geospatial file(s) (e.g., shapefile, Keyhole Markup Language
(KML/KMZ), geodatabase, list of census tracts, or other geo-enabled documents)
delineating: the proposed project area or footprint boundary, and for Localized Flood
Risk Reduction Projects only the benefiting area in alignment with Hydrologic and
Hydraulic modelling as available except for Phased Project: Phase I.
• The map and associated geospatial file(s) will be used to determine if a
project benefits or primarily benefits Justice40 communities. Justice40
communities are defined at the census tract level, but many project
benefitting areas are located across multiple census tracts, either partially or
fully.
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• Although these tools should not be used to determine eligibility,
subapplicants may use the Resilience Analysis and Planning Tool
(RAPT)—which encompasses geospatial layers including National Risk
Index (NRI) and Justice40 to understand the population impacted by a
proposed project, delineate the area benefitting, and translate between
census tract geographies identified by Justice40.
• Subapplicants may include narrative descriptions of population benefitting
to supplement the data and shapefile provided,particularly in rural areas
with limited population data or for projects benefitting geographically
dispersed populations.
• For Capability and Capacity Building Activities, if a proposed benefiting
area map is not provided, FEMA will default to the subapplicant
jurisdiction to determine NFIP benefits, and CEJST for prioritization.
• All structure elevation, mitigation reconstruction, and dry floodproofing projects;
and all projects where HMA funds are used for new construction, substantial
improvement, or to address substantial damage to structures6 must meet the
minimum standards of FEMA's partial implementation of the Federal Flood Risk
Management Standards (FFRMS).'
• If a state, local, Tribal, or territorial government, or federal agency has
adopted a higher standard applicable to the specific project, FEMA will
require the higher standard.'
• See EO 14030 Climate-Related Financial Risk and the 2023 Hazard
Mitigation Assistance Program and Policy Guide.
• Subapplicants can direct any questions about the proposed hazard
mitigation project's location in the floodplain to their local floodplain
manager and/or State Hazard Mitigation Officers. Contact information for
the State Hazard Mitigation Officers is provided on the FEMA website at
hiip://www.fema.gov/state-hazard-mitigation-officers.
• When eligible subapplications include an information technology or operational
technology component as part of a larger project, FEMA will allow activities that
enable greater community resilience through cybersecurity as eligible costs when
those activities are performed in accordance with the cybersecurity performance
goals for critical infrastructure and control systems directed by the National Security
Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure
Control Systems, found at hitps://www.cisa.gov/control-systems-goals-and-
DbJectives. Subapplicants should address cybersecurity in their planning, design, and
'Refer to 44 CFR 5 9.4 for the definitions of"new construction"and"substantial i nprovement;"Refer to 44 CFR 5 59.1 for the
definition of"substantial damage."
7 Refer to the Hazard Mitigation Assistance Program and Policy Guide,Part 4,I.Federal Flood Risk Management Standards—
Partial.
a Under 44 CFR§9.11(d)(6),no action may be taken if it is inconsistent with the criteria of the National Flood Insurance
Program(44 CFR part 59 et seq.)or any more restrictive Federal,State,or local floodplain management standards.
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project oversight for awards that include a technology nexus that may pose a cyber
risk that would affect the reliability or operability of project.
• FEMA encourages the use of environmentally friendly construction practices when
completing FMA projects.
• When subapplications include the use of concrete or asphalt products,
FEMA encourages for the inclusion of low embodied carbon concrete and
environmentally preferable asphalt.
• Subrecipients should ensure that federally funded infrastructure investments
reduce life cycle emissions of construction materials, specifically concrete,
asphalt, and steel.
• Subrecipients should request disclosure of Environmental Product
Declarations (EPD)to evaluate and incentivize acquisition of these lower
carbon materials.
• Subrecipients are encouraged to prioritize the use of American-made, lower-
carbon construction materials as referenced in the Federal Buy C1ean
Initiative.
• Subrecipients are encouraged to place publicly visible signage at sites where federal
funding is being used for hazard mitigation projects, identifying the funding source
of the project(Office of Management and Budget's February 24, 2023 Controller
Alert, "CA-23-6 Enhancing Transparency Through Use of the Investing in America
Emblem on Suns (UPDATEDff The cost of such signs is an eligible project cost.
Subapplicants may request up to $5,000 per project for such costs. Requests for
signage costs must be identified as a line item in the subapplication cost estimate.
Project costs for signage are subject to the applicable cost-sharing requirements. The
contents and other details of the signage must be in accordance with FEMA's
signage guidance at https://www.fema.gov/grants/policy-guidance/bipartisan-
infrastructure-law.
• FEMA encourages applicants and subapplicants to leverage the Department of
Labor's The Good Jobs Initiative. The Good Jobs Initiative is an initiative that
provides critical information to workers, employers, and government agencies as
they work to improve job quality and create access to good jobs free from
discrimination and harassment for all working people.
5. Cost Share or Match
Cost share is required for most subapplications funded under this program. FEMA may
contribute the federal cost share funding if available, as follows:
i. Capability and Capacity Building Activities federal cost share options:
a. Up to 90% federal cost share funding if the average Centers for Disease Control
and Prevention (CDC) Social Vulnerability Index (SVI) score is not less than
0.5001 for the benefiting area(s) substantiated by a benefiting area map, and the
activity must be funded by BIL. FEMA will determine the CDC SVI score using
the following three SVI themes: Socioeconomic Status, Household
Characteristics, and Housing Type and Transportation. or
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b. Up to 75% federal cost share funding if a higher federal cost share is not
available.
ii. Localized Flood Risk Reduction Projects federal cost share options:
a. Up to 90% federal cost share funding if the average CDC SVI score is not less than
0.5001 for the project benefiting area containing NFIP-insured properties, and the
activity must be funded by the BIL,. FEMA will determine the CDC SVI score
using the following three SVI themes: Socioeconomic Status, Household
Characteristics, and Housing Type and Transportation. or
b. Up to 75% federal cost share funding if a higher cost share is not available.
iii. Individual Flood Mitigation Projects federal cost share options and definitions:
a. Up to 100% federal cost share funding for FMA-defined Severe Repetitive Loss
SRL (B)(i) or (B)(ii)properties in 42 U.S.C. § 4104c(h)(3), is a structure that:
i. Is covered under a contract for flood insurance made available under the
NFIP; and
ii. Has incurred flood-related damage:
1. ((B)(i)) For which four or more separate claims payments (includes
building and contents) have been made under flood insurance
coverage with the amount of each such claim exceeding $5,000,
and with the cumulative amount of such claim payments exceeding
$20,000, or
2. ((B)(ii)) For which at least two separate claims payments (includes
only building) have been made under such coverage, with the
cumulative amount of such claims exceeding the market value of
the insured structure.
iii. To receive an increased federal cost share under these provisions,
properties must meet the FMA SRL definition. Applicants and
subapplicants that are requesting an increased federal cost share must
submit documentation with their application or subapplication
demonstrating that properties meet the definition.
b. Up to 90% federal cost share funding for FMA-defined Repetitive Loss (RL)
properties in 42 U.S.C. § 4121(a)(7) is a structure covered by a contract for flood
insurance made available under the NFIP that:
i. Has incurred flood-related damage on two occasions, in which the cost of
the repair, on the average, equaled or exceeded 25 percent of the market
value of the structure at the time of each such flood event; and
ii. At the time of the second incidence of flood-related damage, the contract
for flood insurance contains Increased Cost of Compliance (ICC) coverage.
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iii. To receive an increased federal cost share under these provisions,
properties must meet the FMA RL definition. Applicants and subapplicants
that are requesting an increased federal cost share must submit documentation
with their application or subapplication demonstrating that properties meet
this definition.
c. Up to 90% federal cost share funding for each NFIP-insured property located
within a census tract with a CDC SVI score is not less than 0.5001, and the
activity must be funded by the BIL,. FEMA will determine the CDC SVI score
using the following three SVI themes: Socioeconomic Status, Household
Characteristics, and Housing Type and Transportation. or
d. Up to 75% federal cost share funding if a higher federal cost share is not available.
To note, the Individual Flood Mitigation Project's Repetitive Loss (RL) 90% federal cost share
and the Severe Repetitive Loss (SRL) 100% federal cost share options are only eligible for those
NFLP properties meeting FMA definitions under 42 U.S.C. § 4104c(h)(3) and 42 U.S.C. §
4121(a)(7). These federal cost shares are not available for NFLP defined SRL and RL properties.
Generally, the cost share for this program is 75% federal cost share and 25%non-federal cost
share. This means federal funding is available for up to 75% of eligible costs. The remaining
25% of eligible costs must be derived from non-federal sources. For example, if the total cost of
the activity is $400,000 and the non-federal cost share is 25%, then the non-federal contribution
is $100,000: 25% of$400,000 is $100,000. The non-federal contribution would be provided by
the applicant or subapplicant. Likewise, the federal cost share of that activity would be $300,000:
75% of$400,000 is $300,000. The federal contribution would be provided by FEMA. FEMA
may consider the non-federal cost share based on availability of remaining federal funds, as
noted in Section E, Application Review Information of this funding opportunity.
As a result of FMA funding made available under the BIL, FEMA may contribute up to 90%
federal cost share for qualifying FY 2023 funding priorities and criteria. FEMA will determine
the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household
Characteristics, and Housing Type and Transportation. Applicants and Subapplicants can
determine their activities and projects' CDC SVI score by calculating the three SVI themes'
averages using information on CDC/ATSDR Social Vulnerability Index webpage,
https://www.atsdr.cdc.gov/placeandhealth/svi/index.html. When BIL funding is exhausted, the
enhanced cost share for properties with CDC SVI not less than 0.5001 as determined by FEMA,
cannot be extended to the remaining funds made available in the FY 2023 FMA NOFO.
Structures with different federal cost-share requirements can be submitted in a single project
subapplication. The overall project federal cost share documented in the Cost Share Section of
the project subapplication should reflect the combined federal cost shares of the structures. For
example, in an Individual Flood Mitigation Project subapplication, a project with $100,000 costs
for one SRL structure funded at 100% federal cost share plus $100,000 costs for one RL
structure funded at 90% federal cost share will have an overall project federal cost share of 95%,
or $190,000, of the $200,000 total cost for both structures.
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For insular areas (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin
Islands), FEMA automatically waives the non-federal cost share for the recipient when the non-
federal cost share for the entire award is under $200,000. If the non-federal cost share for the
entire award is $200,000 or greater, FEMA may waive all or part of the non-federal cost share at
the request of the recipient. The recipient may request 100% cost-share in its application.
The non-federal cost share may consist of cash, donated or third-party in-kind services,
materials, or any combination thereof. Cash and third-party in-kind matches must consist of
eligible costs (i.e., same eligibility as the federal share). Applicants cannot apply other federal
award funds toward the non-federal cost share unless the other federal statutory authority allows
the funds to be used to meet cost-share requirements. For example, FEMA's Safeguarding
Tomorrow through Ongoing Risk Management Revolving Loan Fund(STORM RLF) Program
loans may be eligible for non-federal cost share funding. For more information,visit the STORM
RLF webpage at hops://www.fema.gov/rants/mitigation/storm-r1f. In addition, in certain
situations U.S. Department of Housing and Urban Development Community Development Block
Grant Disaster Recovery (CDBG-DR)program funds, U.S. Small Business Administration
Disaster Loans, United States Department of Agriculture Rural Development Single Family
Direct Home Loans or Single-Family Repair Loans, the Department of Defense's Readiness and
Environmental Protection Integration (REPI)program, and others may be used towards the non-
federal match. Additionally, certain American Rescue Plan funds may be used as non-federal
cost share as determined by the Department of Treasury.' Refer to the Hazard Mitigation
Assistance Cost Share Guide for more information at
hops://www.fema. ov/sites/default/files/2020-08/fema hma cost-share- ide.pdf. FEMA
encourages innovative use of public and private-sector partnerships to meet the non-federal cost
share.
FMA funding cannot be used as matching funds for another federal grant. Additionally, third-
parry in-kind matches used to meet the matching requirement may not be used to meet matching
requirements for any other federal grant program.
Ultimately, the recipient is responsible for ensuring that it contributes the proper cost share to its
actual project costs. If actual total project costs exceed the projected total project costs stated in
the federal award, the recipient will not receive any additional federal funding and will be
responsible for contributing additional funds above the required cost match. If actual total project
costs are less than the projected total project costs stated in the federal award, the recipient will
be responsible for contributing a cost match calculated as a percentage of those actual project
costs.
9 Treasury funds are available through the Coronavirus State and Local Fiscal Recovery Funds(SLFRF)program.According to
U.S.Department of Treasury,the SLFRF program funds available under the"revenue loss"eligible use category(sections
602(c)(1)(C)and 603(c)(1)(C)of the Social Security Act)generally may be used to meet the non-federal cost-share or matching
requirements of other federal programs.See Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule at
htti2s://hoiiie.treasLiry.gov/systeiii/files/I 36/SLFRF-Final-Rtile-Overview.. .
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More detailed information is provided in Part 4. Eligibility and Requirements, Section L: Cost
Share of the 2023 Hazard Mitigation Assistance Program and Policy Guide.
D. Application and Submission Information
1. Key Dates and Times
a. Application Start Date: 10/16/2023
b. Application Submission Deadline: 02/29/2024 at 03:00:00 PM ET
All applications must be received by the established deadline. Please note that FEMA
deadlines listed in this funding opportunity refer to application deadlines for the applicants.
Subapplicants should consult with their applicant agency to confirm subapplication deadlines
to the applicant if applicable.
FEMA will not review applications that are received after the deadline or consider these
late applications for funding. FEMA may, however, extend the application deadline on
request for any applicant who can demonstrate that good cause exists to justify extending the
deadline. Good cause for an extension may include technical problems outside of the
applicant's control that prevent submission of the application by the deadline, other exigent or
emergency circumstances, or statutory requirements for FEMA to make an award.
Applicants experiencing technical problems outside of their control must notify FEMA
as soon as possible and before the application deadline. Failure to timely notify FEMA of
the issue that prevented the timely filing of the application may preclude consideration of the
award. "Timely notification" of FEMA means: prior to the application deadline and within 48
hours after the applicant became aware of the issue.
A list of FEMA contacts can be found in Section G of this NOFO, "DHS Awarding Agency
Contact Information." For technical assistance with the FEMA Grants Outcomes System
(FEMA GO), please contact the FEMA GO Helpdesk at fe1nagoL&fema.dhs.gov or(877)
611-4700, Monday through Friday, 8:00 AM—6:00 PM Eastern Time (ET). For
programmatic or grants management questions, please contact your Program Analyst or
Grants Management Specialist. If applicants do not know who to contact or if there are
programmatic questions or concerns, please contact the FEMA Grants Information Desk by e-
mail at ffema-grants-_news Lfema.dhs.gov OR by phone at (800) 368-6498, Monday through
Friday, 9:00 AM —5:00 PM ET.
FEMA GO automatically records proof of timely submission and the system generates an
electronic date/time stamp when FEMA GO successfully receives the application. The
individual with the Authorized Organization Representative role that submitted the
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application will also receive the official date/time stamp and a FEMA GO tracking number in
an email serving as proof of their timely submission. For additional information on how an
applicant will be notified of application receipt, see the subsection titled "Timely Receipt
Requirements and Proof of Timely Submission" in Section D of this NOFO.
c. Other Key Dates
Event Suggested Deadline for Completion
Initial registration in SAM.gov Four weeks before actual submission deadline
includes UEI issuance
Obtaining a valid Employer Four weeks before actual submission deadline
Identification Number EIN
Creating an account with login.gov Four weeks before actual submission deadline
Registering in SAM or Updating Four weeks before actual submission deadline
SAM registration
Registering in FEMA GO Four weeks before actual submission deadline
Submitting the final application in
FEMA GO By the submission deadline
2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this
NOFO and the terms and conditions of the award, should they receive an award.
3. Address to Request Application Package
Applications are processed through the FEMA GO system. To access the system, go to
hiips:Hgo.fema.gov/.
Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the
Awarding Office points of contact listed in Section G of this NOFO, "DHS Awarding
Agency Contact Information" or by TTY (800) 462-7585.
4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for
Award Management(SAM)
Each applicant, unless they have a valid exception under 2 CFR 25.110, must:
1) Be registered in Sam.Gov before application submission.
2) Provide a valid Unique Entity Identifier(UEI) in its application.
3) Continue to always maintain an active System for Award Management(SAM)registration
with current information during the Federal Award process.
5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award
Management (SAM), and Submit an Application
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Applying for an award under this program is a multi-step process and requires time to
complete. Applicants are encouraged to register early as the registration process can take four
weeks or more to complete. Therefore, registration should be done in sufficient time to
ensure it does not impact your ability to meet required submission deadlines.
Please review the table above for estimated deadlines to complete each of the steps listed.
Failure of an applicant to comply with any of the required steps before the deadline for
submitting an application may disqualify that application from funding.
To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Unique Entity Identifier(UEI) number and Employer
Identification Number(EIN) from the Internal Revenue Service;
b. In the application, provide an UEI number;
c. Have an account with login gov;
d. Register for, update, or verify their SAM account and ensure the account is active before
submitting the application;
e. Register in FEMA GO, add the organization to the system, and establish the Authorized
Organizational Representative (AOR). The organization's electronic business point of
contact(EBiz POC) from the SAM registration may need to be involved in this step. For
step-by-step instructions, see hiips://www.fema.gov/media-
library/assets/documents/181607;
f. Submit the complete application in FEMA GO; and
g. Continue to maintain an active SAM registration with current information at all times
during which it has an active federal award or an application or plan under consideration
by a federal awarding agency. As part of this, applicants must also provide information
on an applicant's immediate and highest-level owner and subsidiaries, as well as on all
predecessors that have been awarded federal contracts or federal financial assistance
within the last three years, if applicable.
Applicants are advised that FEMA may not make a federal award until the applicant has
complied with all applicable SAM requirements. Therefore, an applicant's SAM registration
must be active not only at the time of application, but also during the application review
period and when FEMA is ready to make a federal award. Further, as noted above, an
applicant's or recipient's SAM registration must remain active for the duration of an active
federal award. If an applicant's SAM registration is expired at the time of application, expires
during application review, or expires any other time before award, FEMA may determine
that the applicant is not qualified to receive a federal award and use that determination as a
basis for making a federal award to another applicant.
Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that
prevents it from obtaining an UEI number and completing SAM registration prior to
receiving a federal award, the applicant must notify FEMA as soon as possible by contacting
fema-grants-newsL&fema.dhs.gov and providing the details of the circumstances that prevent
completion of these requirements. If FEMA determines that there are exigent circumstances
and FEMA has decided to make an award, the applicant will be required to obtain an UEI
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number, if applicable, and complete SAM registration within 30 days of the federal award
date.
6. Electronic Delivery
DHS is participating in the Grants.gov initiative to provide the grant community with a single
site to find and apply for grant funding opportunities. DHS encourages or requires applicants
to submit their applications online through Grants.gov, depending on the funding
opportunity.
For this funding opportunity, FEMA requires applicants to submit applications through
FEMA GO.
7. How to Register to Apply
a. General Instructions:
Registering and applying for an award under this program is a multi-step process and
requires time to complete. Read the instructions below about registering to apply for FEMA
funds. Applicants should read the registration instructions carefully and prepare the
information requested before beginning the registration process. Reviewing and assembling
the required information before beginning the registration process will alleviate last-minute
searches for required information.
The registration process can take up to four weeks to complete. To ensure an application
meets the deadline, applicants are advised to start the required steps well in advance of their
submission.
Organizations must have an UEI number, an EIN, an active System for Award Management
(SAM) registration and Grants.gov account to apply for grants.
b. Obtain an UEI Number:
All entities applying for funding, including renewal funding, prior to April 4, 2022, must
have a UEI number. Applicants must enter the UEI number in the applicable data entry field
on the SF-424 form.
For more detailed instructions for obtaining a UEI number, refer to: SAM.gov.
c. Obtain Employer Identification Number
All entities applying for funding must provide an Employer Identification Number(EIN).
The EIN can be obtained from the IRS by visiting: hops://www.irs.gov/businesses/small-
businesses-self-emplo ey d/apply-for-an-employer-identification-number-ein-online.
d. Create a login.gov account.
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Applicants must have a login.gov account in order to register with SAM or update their SAM
registration. Applicants can create a login.gov account here:
hiips:Hsecure.login.gov/sign up/enter email?request id=34f19fa8-14a2-438c-8323-
a62b99571fd3.
Applicants only have to create a login.gov account once. For applicants that are existing
SAM users, use the same email address for the login.gov account as with SAM.gov so that
the two accounts can be linked.
For more information on the login.gov requirements for SAM registration, refer to:
hiips://www.sam.gov/SAM/pages/public/loginFAQ.js .
e. Register with SAM.
All organizations applying online through Grants.gov must register with SAM. Failure to
register with SAM will prevent your organization from applying through Grants.gov. SAM
registration must be renewed annually. Organizations will be issued a UEI number with the
completed SAM registration.
For more detailed instructions for registering with SAM, refer to:
hLtps://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-
sam.htinl.
Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the
applicant's immediate and highest-level owner, subsidiaries, and predecessors that have been
awarded federal contracts or federal financial assistance within the last three years, if
applicable.
I. ADDITIONAL SAM REMINDERS
Existing SAM.gov account holders should check their account to make sure it is "ACTIVE."
SAM registration should be completed at the very beginning of the application period and
should be renewed annually to avoid being "INACTIVE." Please allow plenty of time
before the grant application submission deadline to obtain an UEI number and then to
register in SAM. It may be four weeks or more after an applicant submits the SAM
registration before the registration is active in SAM, and then it may be an additional
24 hours before FEMA's system recognizes the information.
It is imperative that the information applicants provide is correct and current. Please ensure
that your organization's name, address, and EIN are up to date in SAM and that the UEI
number used in SAM is the same one used to apply for all other FEMA awards. Payment
under any FEMA award is contingent on the recipient's having a current SAM registration.
H. HELP WITH SAM
The SAM quick start guide for new recipient registration and SAM video tutorial for new
applicants are tools created by the General Services Administration (GSA) to assist those
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registering with SAM. If applicants have questions or concerns about a SAM registration,
please contact the Federal Support Desk at
hops://www.fsd.gov/gdit tss/?id=gdit tss landing or call toll free (866) 606-8220.
f. Register in FEMA GO,Add the Organization to the System, and Establish the AOR:
Applicants must register in FEMA GO and add their organization to the system. The
organization's electronic business point of contact(EBiz POC) from the SAM registration
may need to be involved in this step. For step-by-step instructions, see
haps://www.fema.gov/inedia-Iibrary/assets/documents/181607.
Note: FEMA GO will support only the most recent major release of the following browsers:
❑ Google Chrome
❑ Internet Explorer
❑ Mozilla Firefox
❑ Apple Safari
❑ Microsoft Edge
Users who attempt to use tablet type devices or other browsers may encounter issues with
using FEMA GO.
8. Submitting the Application
Applicants will be prompted to submit the standard application information and any
program-specific information required as described in Section D.10 of this NOFO, "Content
and Form of Application Submission." The Standard Forms (SF) may be accessed in the
Forms tab under the SF-424 family on on Grants.gov. Applicants should review these forms
before applying to ensure they have all the information required.
After submitting the final application, FEMA GO will provide either an error message or a
successfully received transmission in the form of an email sent to the AOR that submitted the
application. Applicants using slow internet connections, such as dial-up connections, should
be aware that transmission can take some time before FEMA GO receives your application.
For additional application submission requirements, including program-specific
requirements, please refer to the subsection titled "Content and Form of Application
Submission"under Section D of this NOFO.
9. Timely Receipt Requirements and Proof of Timely Submission
All applications must be completed in FEMA GO by the application deadline. FEMA GO
automatically records proof of timely submission and the system generates an electronic
date/time stamp when FEMA GO successfully receives the application. The individual with
the Authorized Organization Representative (AOR) role that submitted the application will
also receive the official date/time stamp and a FEMA GO tracking number in an email
serving as proof of their timely submission on the date and time that FEMA GO received the
application.
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Applicants who experience system-related issues will be addressed until 3:00 PM ET on
Tuesday, February 27, 2024. No new system-related issues will be addressed after this
deadline. Applications not received by the application submission deadline will not be
accepted.
10. Content and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted via FEMA GO. The
Standard Forms (SF) are also available at hops://www. rants.gov/web/grants/forms/sf-424-
family,htral.
SF-424, Application for Federal Assistance
Grants.gov Lobbying Form, Certification Regarding Lobbying
SF-424A, Budget Information (Non-Construction)
For construction under an award, submit SF-424C, Budget Information (Construction),
in addition to or instead of SF-424A
SF-42413, Standard Assurances (Non-Construction)
For construction under an award, submit SF-424D, Standard Assurances
(Construction), in addition to or instead of SF-424B
SF-LLL, Disclosure of Lobbying Activities
Indirect Cost Agreement or Proposal if the budget includes indirect costs and the
applicant is required to have an indirect cost rate agreement or proposal. If the
applicant does not have or is not required to have an indirect cost rate agreement or
proposal, please see Section D.13 of this NOFO, "Funding Restrictions and
Allowable Costs," for further information regarding allowability of indirect costs
and whether alternatives to an indirect cost rate agreement or proposal might be
available or contact the relevant FEMA staff identified in Section G of this NOFO,
"DHS Awarding Agency Contact Information"for further instructions.
Generally, applicants have to submit either the non-construction forms (i.e., SF-424A and
SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning that applicants that
only have construction work and do not have any non-construction work need only submit
the construction forms (i.e., SF-424C and SF-424D) and not the non-construction forms (i.e.,
SF-424A and SF-424B), and vice versa. However, applicants who have both construction
and non-construction work under this program need to submit both the construction and non-
construction forms.
b. Program-Specific Required Forms and Information
The following program-specific forms or information are required to be submitted in FEMA
GO:
Applicants may require their subapplicants to complete and attach the grant application
and/or Assurance and Certifications forms to their Capability and Capacity Building
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Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation Project
subapplications in FEMA GO.
Subapplicants should contact their applicant agency for information specific to their
state/territory/federally recognized Tribal government's application process. Contact
information for the State Hazard Mitigation Officers is provided on the FEMA website at
hops://www.fema.gov/state-hazard-mitigation-officers.
All applicants must submit an FMA grant application via FEMA GO by the application
deadline to be considered for funding. The required format for applications and
subapplications is built into FEMA GO:
• FMA applications including Capability and Capacity Building Activities (Mitigation
Plans, Technical Assistance by States to Communities, Project Scoping, Additional
Capability and Capacity Building Activities (including Partnership Development to
Conduct Eligible Mitigation Activities, Enhancing Local Floodplain Management,
SRL/RL Strategy Development, and other eligible Capability and Capacity Building
Activities), Localized Flood Risk Reduction Project, Individual Flood Mitigation
Project, and Management Costs subapplications must be submitted in an FY 2023
FMA application.
o Mitigation Plans must be submitted in a"plan" subapplication type.
o Technical Assistance by States to Communities must be submitted in a
"technical assistance" subapplication type.
o Project Scoping must be submitted in a"project scoping" subapplication
type.
o Additional Capability and Capacity Building Activities must be submitted in
a"project scoping" subapplication type.
o Localized Flood Risk Reduction Project and Individual Flood Mitigation
Project must be submitted in a"project" subapplication type.
o Applicant Management Costs must be submitted in a"management costs"
subapplication type.
I. MANAGEMENT COSTS
Applicants are eligible to receive management costs consisting of a maximum of 10% of the
planning and project activities awarded to the state, each fiscal year under FMA. These costs
must be included in the application to FEMA.
A federally recognized Tribal government applying directly to FEMA is eligible for management
costs consisting of a maximum of 10% of grants awarded for planning and project activities
under the FMA program. Subapplicants may include a maximum of 5% of the total funds
requested for their subapplication for management costs to support the implementation of
Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, or
Individual Flood Mitigation Projects. These costs must be included in the subapplication to the
Applicant.
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For additional information,please refer to Section D.13.c Management Costs of this funding
opportunity.
11. Other Submission Requirements
a. Benefit-Cost Analysis (BCA)for Hazard Mitigation Projects
Applicants and subapplicants applying for hazard mitigation projects (Localized Flood Risk
Reduction Projects or Individual Flood Mitigation Projects) must provide a BCA or other
documentation that validates cost-effectiveness10. Capability and Capacity Building Activities
(Mitigation Plans, Technical Assistance by States to Communities, Project Scoping, Additional
Capability and Capacity Building Activities [Partnership Development to Conduct Eligible
Mitigation Activities, Enhancing Local Floodplain Management, SRL/RL Strategy
Development, other eligible Capability and Capacity Building Activities under 42 U.S.C.
4104c(c)(3)(G)]), and management costs subapplications do not require a BCA. Applicants and
subapplicants may use one of three standard approaches. In no case will FEMA award a hazard
mitigation project that is not cost-effective.
i. Streamlined cost-effectiveness determination method: FEMA has established
streamlined cost-effectiveness determination methods for some hazard mitigation projects
and project types. Using one of these methods fulfills the cost-effectiveness requirement if
the project meets applicable criteria.
• For projects with a total cost of less than $1,000,000, the subapplicant may provide a
narrative that includes qualitative and quantitative data demonstrating the benefits and
cost-effectiveness of the project. Total project costs include all project costs, not just
the federal share. Instructions for completing a cost-effectiveness narrative may be
found in FEMA BCA website. FEMA will validate the cost effectiveness and estimate
a benefit cost ratio (BCR) of the proposed project during its review.
• Pre-calculated benefits are available for some project types, including acquisitions, and
elevations. Further details, including application submission requirements, may be
found in the HMA Policy and Program Guide and on the FEMA BCA website.
ii. Benefit-Cost Analysis (BCA)Assistance: FEMA will review hazard mitigation project
subapplications during the pre-award process that are competitive and otherwise eligible
for selection where a small and impoverished communities as defined in 44 C.F.R.
201.2., federally recognized Tribal government, or subapplication for a hazard mitigation
project within or primarily benefitting a Community Disaster Resilience Zone (defined at
42 U.S.C. § 5136(a)(1)) is unable to calculate a BCR to demonstrate cost-effectiveness.
FEMA may assist such communities with developing a BCA. Projects with a total cost of
less than $1,000,000 that qualify for BCA Assistance under this provision are not
required to submit a cost-effectiveness narrative. FEMA has additional guidance for this
approach
10 https://www.whitehouse.gov/omb/briefing-room/2023/08/01/accouiitirng-for-ecosystem-services-irn-benefit-cost-
analysis/
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for selected subapplications that may qualify for this consideration. For more information
visit the FEMA BCA website.
iii. Benefit-Cost Analysis (BCA): If a streamlined cost-effectiveness determination method
does not apply, a BCA is required to validate cost-effectiveness. FEMA has established a
set discount rate of 3% to be used in a BCA for hazard mitigation projects for the FY
2023 BRIC and FMA cycles. FEMA's BCA Toolkit is available on the FEMA website
at hiips.://www.fema.gov/grants/tools/benefit-cost--analysis. Version 6.0 or newer are the
only versions FEMA will accept as documentation for demonstrating cost-effectiveness.
FEMA encourages the use of the BCA Toolkit to calculate the project BCR; however,
applicants and subapplicants may also use a non-FEMA BCA methodology if pre-
approved by FEMA in writing.
• All projects not using a streamlined cost-effectiveness determination must
demonstrate a BCR of 1.0 or greater to be eligible for funding.
• Even if a streamlined cost-effectiveness determination method applies, applicants
and subapplicants may use a BCA to show cost-effectiveness of a project.
Structure acquisitions and elevations located in the Special Flood Hazard Area(SFHA) may use
pre-calculated benefits to determine cost effectiveness. The updated values for use of pre-
calculated benefits to determine cost effectiveness of elevations and acquisitions in the SFHA
are: $323,000 per structure for acquisitions and $205,000 per structure for Elevations (and
Mitigation Reconstruction). These pre-calculated benefits for acquisition projects are recognized
as helping support BCA eligibility for larger community relocation efforts. More detailed
information about pre-calculated benefits and how they can be used is available on the FEMA
website at hiips.://www.fema.gov/sites/defatilt/files/documents/fema—,ac-qtiisition-elevation-
precalctilated-benefits-memo-092021.pd .
Additionally, FEMA has determined that the acquisition of a structure designated as RL or
SRL11, regardless of location within or outside of the SFHA, with total project costs less than or
equal to $323,000 is considered cost-effective. As such, FEMA has expanded the use of pre-
calculated benefits to include acquisition projects of RL and SRL properties outside the SFHA
with a project cost less than or equal to the existing calculated threshold of$323,000. More
detailed information is available on the FEMA website at
hiips.://www.fema.gov/�4rants/gtiidance-tools/benefit-co,st-anal.y,si,s.
For more information, visit the BCA webpage at hqps://www.fema.gov/benefit-cost-anLly-lsi—ls.
b. Acquisition Project Requirements
The subrecipient must provide FEMA with a signed copy of the Statement of Voluntary
Participation for each property post- award. The Statement of Voluntary Participation formally
documents the Notice of Voluntary Interest and information related to the purchase offer. The
11 Refer to Section E. Application Review Information,2.Review and Selection Process,111.Individual Flood
Mitigation Projects of this funding opportunity.
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Statement of Voluntary Participation is available on the FEMA website at
https://www.fema.gov/sites/defatilt/files/documents/fema—form-ff-206--fy-21-124.pdf.
Subrecipients must apply deed-restriction language to all acquired properties to ensure that the
property is maintained in perpetuity as open space consistent with the conservation of natural
floodplain functions, as agreed to by accepting FEMA mitigation award funding. Deed-
restriction language is applied to acquired properties by recording the open space and deed
restrictions. The FEMA Model Deed Restriction is available at
model-deed-restriction.pdf.
Subrecipients, as well as recipients and FEMA are responsible for enforcing compliance with
open space restrictions pursuant to 44 CFR Part 80 requirements.
c. Go/No-Go Milestones
The subapplicant, in coordination with the applicant, must identify at least one or more Go/No-
Go milestones in the work schedule for a Localized Flood Risk Reduction Project that is a
Phased Project. A Go/No-Go milestone is a major milestone in the project that if not completed
on time may result in a cancellation of the subaward. Progress towards meeting the Go/No-Go
milestones must be reported in the quarterly progress reports submitted to the recipient and
FEMA. At these Go/No-Go milestones, FEMA will evaluate project performance, schedule
adherence, and contribution to FEMA's program goals and objectives.
d. National Environmental Policy Act Requirement for Hazard Mitigation Projects
Applicants and subapplicants applying for hazard mitigation projects (Localized Flood Risk
Reduction Project and/or Individual Flood Mitigation Project) must provide information needed
to comply with the National Environmental Policy Act(NEPA) (42 U.S.C. §§ 4321-4370h) and
the related DHS and FEMA instructions and directives (i.e., DHS Directive 023-01, 12 DHS
Instruction Manual 023-01-001-01,13 FEMA Directive 108_1,14 and FEMA Instruction 108-1-
1," which can be accessed at hiips.://www.fema.gov/emergeng.y-
managers/pLactitioners/environmental-historic/laws/ehp:directive-instaiction). The required
information is included in the subapplication in FEMA GO. Environmental Planning and
Historic Preservation (EHP) Job Aids and Supplements are available on the FEMA website at
hiips.://www.fema.gov/�4rants/gtiidance-tools/environmental-historic. The required information is
included in the subapplication in FEMA GO.
12. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state's Single Point
of Contact(SPOC) to comply with the state's process under Executive Order 12372
"DHS Directive 023-01is titled Implementation of the National Environmental Policy Act.
13 DHS Instruction Manual 023-01-001-Olis titled Implementation of the National Environmental Policy Act(NEPA).
14 FEMA Directive 108-1 is titled Environmental Planning and Historic Preservation Responsibilities and Program Requirements.
is FEMA Instruction 108-1-lis titled instruction on Implementation of the Environmental Planning and Historic Preservation
Responsibilities and Program Requirements.
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(See https://www.archives.gov/federal-register/codification/executive-order/12372.htm1).
13. Funding Restrictions and Allowable Costs
All costs charged to awards covered by this NOFO must comply with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200,
unless otherwise indicated in the NOFO, or the terms and conditions of the award. This
includes, among other requirements, that costs must be incurred, and products and services must
be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h)
(referring to budget periods, which for FEMA awards is the same as the period of performance).
In general, the Cost Principles establish standards for the allowability of costs, provide detailed
guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth
allowability principles for selected items of cost. More specifically, except as otherwise stated
in this NOFO, the terms and condition of an award, or other program materials, costs charged to
awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards
located at 2 C.F.R. Part 200, Subpart E. In order to be allowable, all costs charged to a FEMA
award or applied to the cost share must be reasonable in nature and amount and allocable to the
particular FEMA award.
Additionally, all costs charged to awards must comply with the grant program's applicable
statutes, policies, requirements in this NOFO as well as with the terms and conditions of the
award. If FEMA staff identify costs that are inconsistent with any of these requirements, these
costs may be disallowed, and FEMA may recover funds as appropriate, consistent with
applicable laws, regulations, and policies.
As part of those requirements, grant recipients and subrecipients may only use federal funds or
funds applied to a cost share for the purposes set forth in this NOFO and the terms and
conditions of the award, and those costs must be consistent with the statutory authority for the
award.
Grant funds may not be used for matching funds for other federal grants/cooperative
agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In
addition, federal funds may not be used to sue the federal government or any other government
entity.
Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially
high-cost items, and those subject to rapid technical advances. Large equipment purchases must
be identified and explained. For more information regarding property management standards for
equipment and federal procurement requirements,please reference 2 C.F.R. Part 200, available
at hops://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
More detailed information is available in Part III, E.1, Eligible Activities, of the 2023 Hazard
Mitigation Assistance Program and Policy Guide.
a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services
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Recipients and subrecipients of FEMA federal financial assistance are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 FY 2019 NDAAJ, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§
200.216, 200.327, 200.471, and Appendix 11 to 2 C.F.R. Part 200. Beginning August 13,
2020, the statute—as it applies to FEMA recipients, subrecipients, and their contractors and
subcontractors —prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with certain entities for
national security reasons.
Guidance is available at FEMA Policy 4405-143-1 - Prohibitions on Expending FEMA
Award Funds for Covered Telecommunications Equipment or Services
Additional guidance is available at Contract Provisions Guide: Navigating Appendix 11 to
Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
(fema.goyl
Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA
funds under open or new awards to:
1. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
2. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology of
any system; or
3. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
I. DEFINITIONS
Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of Government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National Intelligence or the Director of the Federal Bureau of
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Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the People's Republic of China.
Examples of the types of products covered by this prohibition include phones, internet, video
surveillance, and cloud servers when produced, provided, or used by the entities listed in the
definition of"covered telecommunications equipment or services." See 2 C.F.R. § 200.471.
b. Pre Award Costs
Pre-award costs directly related to developing the FMA grant application or subapplication
that are incurred prior to the date of the grant award are allowed subject to FEMA approval at
time of award. Such costs may have been incurred prior to application submission, for
example gathering data to be used for preparing environmental reviews required by NEPA or
developing a BCA (see Section D, Application and Submission Information), preparing
design specifications, or conducting workshops or meetings related to development and
submission of subapplications. To be eligible for FMA funding, pre-award costs must be
identified in the individual line item in the cost estimate of the subapplication.
Pre-award costs may be cost shared or applicants and subapplicants may identify them as
their non-federal cost share (see Section C, Eligibility Information, Cost Share or Match).
Costs associated with implementation of proposed projects in the submitted grant application
or subapplication that are incurred prior to the date of the grant award are not allowed.
Activities initiated or completed prior to the date of the grant award are generally not
eligible.
• However, per the Hazard Eligibility and Local Projects (HELP) Act, FEMA may
provide assistance for certain acquisition and demolition projects when
implementation started after January 3, 2023. In order to be eligible, the project must
also: (1) qualify for a categorical exclusion under NEPA; (2) be compliant with
applicable floodplain management and protection of wet land regulations and criteria;
and (3)not require consultation under any other environmental or historic
preservation law or regulation or involve any extraordinary circumstances. An entity
seeking assistance under the HELP Act must comply with all other applicable HMA
and federal requirements (see Pub. L. No. 117-332).
If any pre-award activities related to developing an FMA grant application or subapplication
result in ground disturbance, the applicant or subapplicant must comply with all applicable
federal, state, and local laws and regulations, and obtain any applicable environmental
permits and clearances. The applicant or subapplicant must ensure monitoring of ground
disturbance, and if any potential archaeological resources are discovered, work will
immediately cease, and the appropriate state authority will be notified.
Applicants and subapplicants who are not awarded awards or subawards will not receive
reimbursement for the corresponding pre-award costs.
c. Management Costs
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In addition to funding received as described in Section B.1, Available Funding for the
funding opportunity, applicants and subapplicants are eligible to receive management costs
(direct and indirect administrative costs pursuant to 2 C.F.R. Part 200, Subpart E).
Subapplicants may submit up to 5% of the total budget of the subapplication for management
costs. The total budget refers to the sum of non-federal and federal cost shares of the
proposed subapplication. Subapplicants must use subapplicant management costs to manage
their subaward activities. Subapplicant management cost activities must be added to the
Scope of Work section and identified in the Cost Estimate section of subapplications in
FEMA GO16
Applicants may submit up to 10% of the application budget(with the total budget including
subapplicant management costs) for applicants to administer and manage award and
subaward activities. Applicants' management costs will be calculated using the total sum of
all non-federal and federal cost shares (the composite of all projects' cost share). FEMA will
verify and calculate the management costs based on the applications and subapplications
final selections.
Applicant requests for management costs must be submitted in a separate management costs
subapplication in FEMA GOB'.
The subapplicant's management costs (up to 5%)must be added to the subapplication total
budget prior to the calculation of the applicant's management costs (up to 10%). Applicant
management costs will not exceed 10% of the total application budget.
If the applicant is also implementing the award as the subapplicant, the applicant is allowed
to claim subapplicant(up to 5%) and applicant management costs (up to 10%). Uses of the
applicant management costs must be distinct from subapplicant management costs and must
adhere to the stated uses, even if being used by the same entity. The total management costs
still will not exceed 15% of the total award. Management costs are governed by 44 C.F.R.
Part 77. Management costs are any indirect costs, any direct administrative costs, and other
administrative expenses that are reasonably incurred in administering an award or subaward.
Eligible applicant or subapplicant management cost activities may include:
• Solicitation, review, and processing of subapplications and subawards
• Subapplication development and technical assistance to subapplicants regarding
feasibility and effectiveness and BCA
• Geocoding hazard mitigation projects identified for further review by FEMA
• Delivery of technical assistance (e.g., plan reviews, planning workshops, training) to
support the implementation of hazard mitigation activities
• Managing awards (e.g., quarterly reporting including managing Go/No-Go
milestones for mitigation projects, closeout)
16 Refer to Section D,Application and Submission Information,Content and Form of Application Submission of this
funding opportunity.
17 Refer to Section D,Application and Submission Information,Content and Form of Application Submission of this
funding opportunity.
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• Technical monitoring (e.g., site visits, technical meetings)
• Purchase of equipment,per diem and travel expenses, and professional development
that is directly related to the implementation of HMA programs
• Staff salary costs directly related to performing the activities listed above
d. Indirect Facilities &Administrative (F&A) Costs
Indirect costs of administering the FMA program are eligible as part of the 10% management
costs for the recipient or the 5% management costs of the subrecipient, but in no case do they
make the recipient eligible for additional management costs that exceed the regulatory caps.
In addition, all costs must be in accordance with the provisions of 2 C.F.R. parts 200 and
3002.
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2
C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that
desire to charge indirect costs to an award must provide a copy of their negotiated indirect
cost rate agreement at the time of application. Not all applicants are required to have a
current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R.
Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part
200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time
of application. Applicants who do not have a current negotiated indirect cost rate agreement
(including a provisional rate) and wish to charge the de minimis rate must reach out to the
Grants Management Specialist for further instructions. Applicants who wish to use a cost
allocation plan in lieu of an indirect cost rate must also reach out to the Grants Management
for further instructions.
Subapplicants are not required to submit negotiated indirect cost rate agreements or proposals
directly to FEMA, but they may need to submit them to the applicable applicants per 2
C.F.R. § 200.332.
E. Application Review Information
1. Application Evaluation Criteria
a. Programmatic Criteria
FEMA will review subapplications submitted by each applicant to ensure:
• Eligibility of the applicant and subapplicant;
• Eligibility of proposed activities and costs;
• Completeness of the subapplication;
• Cost-effectiveness, alternative cost-effectiveness, BCA assistance, and engineering
feasibility of hazard mitigation projects; or expected savings to the National Flood
Insurance Fund (NFIF) from expected avoided damages through acquisition or
relocation activity;
• Eligibility and availability of non-federal cost share;
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• Consistency with approved State Mitigation Plan and Local and/or Tribal Hazard
Mitigation Plan;
• Conformance with all applicable federal, state, Tribal and local environmental and
historic preservation laws and regulations;
• Proposed project will solve a problem independently, or constitute a functional
portion of a long-term solution where there is assurance that the project as a whole
will be completed; and
• Requested funds do not duplicate benefits available from another source for the
same purpose or assistance that another federal agency or program has more primary
authority to provide.
Subapplicants are exempt from the hazard mitigation plan requirement for the following
Capability and Capacity Building Activities' Mitigation Plans. A hazard mitigation plan is
required for all other Capability and Capacity Building Activities subapplications.
For more detailed information, see Part VI, Application Review Information, of the 2023
Hazard Mitigation Assistance Program and Policy Guide.
b. Financial Integrity Criteria
Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the
Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313;
and 2 C.F.R. § 200.206 to review information available through any Office of Management
and Budget(OMB)-designated repositories of governmentwide eligibility qualification or
financial integrity information, including whether the applicant is suspended or debarred.
FEMA may also pose additional questions to the applicant to aid in conducting the pre-award
risk review. Therefore, application evaluation criteria may include the following risk-based
considerations of the applicant:
i. Financial stability.
ii. Quality of management systems and ability to meet management standards.
iii. History of performance in managing federal award.
iv. Reports and findings from audits.
v. Ability to effectively implement statutory, regulatory, or other requirements.
c. Supplemental Financial Integrity Criteria and Review
Prior to making a federal award where the anticipated total federal share will be greater than
the simplified acquisition threshold, currently $250,000:
i. FEMA is required to review and consider any information about the applicant,
including information on the applicant's immediate and highest-level owner,
subsidiaries, and predecessors", if applicable, that is in the designated
a As defined in 2 C.F.R.Part 25,specifically§25.447:Predecessor means a non-federal entity that is replaced by a successor
and includes any predecessors of the predecessor.
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integrity and performance system accessible through the System for Award
Management(SAM), which is currently the Federal Awardee Performance
and Integrity.Information-S stem (FAPIIS).
y—
ii. An applicant, at its option, may review information in FAPIIS and comment
on any information about itself that a federal awarding agency previously
entered.
iii. FEMA will consider any comments by the applicant, in addition to the other
information in FAPIIS, in making a judgment about the applicant's integrity,
business ethics, and record of performance under federal awards when
completing the review of risk posed by applicants as described in 2 C.F.R. §
200.206.
2. Review and Selection Process
a. Selection Order
FEMA will select subapplications up to the available funding amount of$800 million in the
following order:
I. CAPABILITY AND CAPACITY BUILDING ACTIVITIES—UP TO$60 MILLION
Mitigation Plans under 42 U.S.C. 4104c(c)(3)(F)
FEMA will select highest ranked eligible subapplication(s) for the development or
update of a Mitigation Plan(s) of$100,000 per applicant for mitigation plan with
maximums of$50,000 for state mitigation plans, and $25,000 for local mitigation plans
federal cost share. Mitigation Plan subapplications will be evaluated to ensure that the
end result will provide benefits to the NFIP.
Technical Assistance by States to Communities (42 U.S.C. 4104c(c)(3)(J)
FEMA will select highest ranked eligible subapplication(s) for Technical Assistance by
States to Communities of$50,000 per applicant. To be eligible to receive this funding,
the applicant must have received an FY 2022 FMA award of at least $1 million federal
cost share. Technical Assistance by States to Communities funding is provided to
maintain a viable FMA program over time.
Project Scoping
FEMA will select the highest ranked eligible subapplication(s) for Project Scoping not
to exceed $900,000 federal cost share per subapplicant. Project Scoping can be used to
obtain data and to prioritize, select, and develop future Localized Flood Risk Reduction
Projects and/or Individual Flood Mitigation Projects based on current FEMA-approved
mitigation plans. Project Scoping subapplications will be evaluated to ensure that the
end result will lead to an eligible project subapplication that will provide benefits to the
NFIP.
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Consideration of Project Scoping early in the decision-making process can help
facilitate the development of a viable project, as well as project implementation. FY
2023 Project Scoping projects are not eligible for FY 2023 Localized Flood Risk
Reduction Project or Individual Flood Mitigation Project funding. There is no guarantee
for future FMA project funding if Project Scoping is awarded.
All Project Scoping subapplications must submit a map and associated geospatial file(s)
(e.g., shapefile, keyhole markup language (KML/KMZ), geodatabase, list of census
tracts, or other geo-enabled documents) delineating the area that will benefit from the
project. If a proposed benefiting area map is not provided, FEMA will default to the
subapplicant jurisdiction to determine NFIP benefits, and CEJST for prioritization.
Additional Capability and Capacity Building Activities
FEMA will select the highest ranked eligible subapplication(s) for Additional Capability
and Capacity Building Activities, not to exceed $300,000 federal cost share per
subapplicant. Additional Capability and Capacity Building Activities, which enhance
the knowledge, skills, expertise, etc., of the current workforce to expand or improve the
administration of flood mitigation assistance. This includes activities in the following
sub-categories: Partnership Development to Conduct Eligible Mitigation Activities,
Enhancing Local Floodplain Management, SRL/RL Strategy Development, and other
eligible Capability and Capacity Building Activities under 42 U.S.C. 4104c(c)(3)(G).
All Additional Capability and Capacity Building Activities subapplications must submit
a map and associated geospatial file(s) (e.g., shapefile, keyhole markup language
(KML/KMZ), geodatabase, list of census tracts, or other geo-enabled documents)
delineating the area that will benefit from the project. If a proposed benefiting area map
is not provided, FEMA will default to the subapplicant jurisdiction to determine NFIP
benefits, and CEJST for prioritization.
Please note, Mitigation Plans, Technical Assistance by States to Communities, Project
Scoping, and Additional Capability and Capacity Building Activities subapplications
have different funding caps indicated above.
a) CAPABILITY AND CAPACITY BUILDING ACTIVITIES PRIORITIZATION
All eligible Mitigation Plans and Technical Assistance by States to Communities
subapplications will be funded based on eligibility.
FEMA will then select the remaining highest ranked eligible Capability and Capacity
Building Activities subapplication(s) from each applicant according to the following
hierarchical order: Project Scoping, and then Additional Capability and Capacity
Building Activities (Partnership Development to Conduct Eligible Mitigation Activities;
Enhancing Local Floodplain Management; SRL/RL Strategy Development; and other
eligible Capability and Capacity Building Activities under 42 U.S.C. 4104c(c)(3)(G).
All Project Scoping and Additional Capability and Capacity Building Activities
subapplications will be scored and selected based on the priorities in the following table,
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as needed. The subapplications will be selected based on cumulative score, from highest
to lowest.
Final Priority Scoring Criteria for Capability and Capacity Building Activities
Priority Description Available
Points
Justice40 A Justice40 community, also referred as a disadvantaged Up to 8
Community or community, is identified using the version 1.0 of the
Community Disaster Climate and Economic Justice Screening Tool (CEJST).
Resilience Zones Justice40 communities are considered disadvantaged if
they are in census tracts that meet the thresholds for at
least one of the tool's categories of burden, or if they are
on lands within the boundaries of federally recognized
Tribes. In addition, census tracts that are completely
surrounded by disadvantaged communities are also
considered disadvantaged if they meet an adjusted low-
income threshold (at or above the 50th percentile).
Justice40 communities have been marginalized by
society, overburdened by pollution, and/or underserved
by infrastructure and other basic services. Further, all
federally recognized Tribes or Tribal entities are
Justice40 communities (whether or not they have land).
A Community Disaster Resilience Zone is defined in 42
U.S.C. § 5136(a)(1) and all Community Disaster
Resilience Zone are located in Justice40 communities.
For a complete listing of FEMA identified Community
Disaster Resilience Zones, refer to httgs:
www.fema.gpv/flood-maps/Troducts-tools/national-risk-
index/commqpiLty-disaster-resilience-zones
Subapplications will receive 8 points if the C&CB
Activities primarily benefits a Community Disaster
Resilience Zone.
OR
Subapplications will receive 6 points if the C&CB
Activities primarily benefits a Justice40 community.
Full and partial points are assigned to this category.
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Community Rating The CRS recognizes and encourages community 3
System (CRS) floodplain-management activities that exceed the
Participation minimum National Flood Insurance Program standards.
Depending on the level of participation, flood insurance
premium rates for policyholders can be reduced by up to
45%.
Subapplications will receive 3 points if they are a
participant in CRS. No partial points are assigned to this
category.
Cooperating The CTP is a qualified partnership program in which 3
Technical communities commit to collaborate in maintaining up-to-
Assistance Partners date flood hazard maps and other flood hazard
Program (CTP) information.
Participation
Subapplications will receive 3 points if they are a CTP
participating community. No partial points are assigned to
this category.
Public and Private- FEMA encourages innovative use of public and private- 2
Sector Partnerships sector partnerships, including incentivizing private
organizations and businesses that partner with public
organization to meet the non-federal cost share.
Subapplication will receive 2 points if the subapplication
incorporates partnerships (e.g., state, Tribal,private, local
community, etc.) that will ensure the project meets
community needs, including those of overburdened and
underserved populations, and show the outcome of those
partnerships (e.g., leveraging resources such as financial
material, and educational resources, coordinating multi-
jurisdictional projects, heightened focus on equity related
issues, etc). No partial points are assigned to this category.
In case of a tie, FEMA will use CEJST, Community Disaster Resilience Zone, or the total
dollars in NFIP claims paid in the subapplicant's jurisdiction in the past 5 years as a tiebreaker
for projects.
After meeting the $60 million available for Capability and Capacity Building Activities, or
when all eligible Capability and Capacity Building Activities subapplications have been
selected, FEMA will select eligible subapplications for the remaining funds in the following
order.
IL LOCALIZED FLOOD RISK REDUCTION PROJECT—UP TO$520 MILLION
FEMA will then select the highest ranked eligible Localized Flood Risk Reduction Project
subapplication(s) based on the FEMA scoring criteria below. In the event of a tie between two
or more Localized Flood Risk Reduction Project subapplications, FEMA will use CEJST,
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Community Disaster Resilience Zone, or the total dollars in NFIP claims paid in the
subapplicant's jurisdiction in the past 5 years for the project benefiting area as a tiebreaker for
projects. Each subapplication shall not exceed$50 million federal cost share.
FEMA will convene an internal review panel to ensure that projects will provide benefits to the
NFIP, in accordance with 44 C.F.R. Part 77 and the 2023 Hazard Mitigation Assistance
Program and Policy Csuide. The Localized Flood Risk Reduction Project internal review panel
will include experts from across FEMA to broaden understanding of project benefits. Panelists
will consider Localized Flood Risk Reduction Project subapplications holistically to determine
if the projects will provide benefits to the NFIP, including but not limited to,the context of the
project scale, community scale, transformative mitigation potential, and alignment with the
Administration's Justice40 Initiative.
All Localized Flood Risk Reduction Project subapplications must include the following
elements:
• Demonstrate that the proposed project benefits NFIP insured properties by
submitting a map and associated geospatial file(s) (e.g., shapefile, Keyhole Markup
Language (KML/KMZ), geodatabase, list of census tracts, or other geo-enabled
documents) delineating:
o The proposed project location or footprint boundary,
o Area with reduced flood risk or benefiting area(in alignment with
Hydrologic and Hydraulic modeling, as available, except for Phase 1
projects), and
o Active NFIP policies (if data is available).
Eligible activities must benefit NFIP insured properties. Examples include, but are not
limited to:
• Localized flood control
• Floodwater storage and diversion
• Floodplain and stream restoration
• Stormwater management
• Wetland restoration/creation
Subapplications will be scored and selected based on the priorities in the following table, as
needed. The subapplications will be selected based on cumulative score, from highest to
lowest.
Final Priority Scoring Criteria for Localized Flood Risk Reduction Project
Priority Description Available
Points
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Justice40 A Justice40 community, also referred as a Up to 300
Community or disadvantaged community, is identified using the
Community version 1.0 of the Climate and Economic Justice
Disaster Resilience Screening Tool (CEJST). Justice40 communities are
Zones considered disadvantaged if they are in census tracts
that meet the thresholds for at least one of the tool's
categories of burden, or if they are on lands within the
boundaries of federally recognized Tribes. In addition
census tracts that are completely surrounded by
disadvantaged communities are also considered
disadvantaged if they meet an adjusted low-income
threshold(at or above the 50th percentile). Justice40
communities have been marginalized by society,
overburdened by pollution, and/or underserved by
infrastructure and other basic services. Further, all
federally recognized Tribes or Tribal entities are
Justice40 communities (whether or not they have
land).
A Community Disaster Resilience Zone is defined in
42U.S.C. § 5136(a)(1) and all Community Disaster
Resilience Zone are located in Justice40 communities.
For a complete listing of FEMA identified
Community Disaster Resilience Zones, refer to htt7as://
www.fema.gov/flood-maps/products-tools/national-
ri sk-index/community®disaster®resilience®
zones
Subapplications that primarily benefits a
Community Disaster Resilience Zone, will receive
300 points.
OR
Subapplications that primarily benefits a Justice40
community, will receive 200 points. Full and partial
points are assigned to this category.
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National Flood NFIP provides insurance to help reduce the socio- 2 points per
Insurance Program economic impact of floods. Flood insurance is a NFIP Policy, up
(NFIP)Policy separate policy that can cover buildings, the contents to 200 points
Holder in a building, or both. The NFIP provides flood
insurance to property owners, renters, and
businesses, and having this coverage helps them
recover faster when floodwaters recede.
Points will be assessed for every NFIP policy that is
active as of the FMA application start date (Section
D, Application and Submission Information, Key
Dates and Times of this funding opportunity) and is
verified within the benefiting area of the
project. Full and partial points are assigned to this
category.
FMA and NFIP FMA aims to implement projects that reduce flood 5 points per RL
defined Severe risks posed to repetitively flooded properties insured and 10 points
Repetitive Loss under the NFIP, and the disruption to life caused by per SRL, up to
(SRL) and repeated flooding of the same properties. 175 points
Repetitive Loss
(RL) Properties 19 Points will be assessed for all FMA and NFIP
defined SRL and/or RL structures verified within the
benefiting area of the project. Full and partial points
are assigned to this category.
19 Refer to Section E. Application Review Information,2.Review and Selection Process,III.Individual Flood
Mitigation Projects of this funding opportunity.
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Consideration for FEMA works with state, local, Tribal, and territorial 100
Climate Change20 governments to build and deliver resources and
and Other Future capabilities that ensure the nation can withstand
Conditions climate hazards of today and those we anticipate for
tomorrow.21 Applicants and subapplicants should
use evidence-based, best-available climate data sets
information resources, and decision-support tools
including Federal resources, to identify current and
future climate risks over the project's expected
service life. Climate projections, emission scenarios
or other suitable scenario conditions should be
specified based on the project's service life and
applicant's risk tolerance, as appropriate and
available. Applicants should document how their
planned project design and operations are resilient to
any identified current and future climate risks.
Subapplications will receive 100 points if the project
describes how it will enhance climate adaptation and
resilience using the best available data, detail how
the project is being responsive to the effects of
climate change (such as sea level rise22, increased
rainfall, increased likelihood of flash flood due to
wildfire, etc.) and/or other future conditions
(population/demographic/land use, etc.), and cites
data sources, assumptions, and models. No partial
points are assigned to this category.
20 Climate change is defined as"Changes in average weather conditions that persist over multiple decades or longer.Climate
change encompasses both increases and decreases in temperature,as well as shifts in precipitation,changing risk of certain types
of severe weather events,and changes to other features of the climate system."(Fourth National Climate Assessment)
zi For more information on FEMA's Role in Addressing Climate Change,please reference FEMA and the Changing Cimate.
Applicants and subapplicants may use any valid source that is based on recognized sea level rise estimation methods for sea
level rise.Several federal government sources are available for relative sea level rise data along coastal areas.Some of these
sources include,but are not limited to National Oceanic and Atmospheric Administration Center for Operational Oceanographic
Products and Services'Mean Annual SLR Trend Data(htfi2s://tidesandcLirrents.noaa.gov/sltrends/sltrends.html)and U.S.Army
Corps of Engineers Sea-Level Change Curve Calculator(Version 2022.72)(https-.//cwbi-
app.sec.us ace.army.mil/rccslc/slcc calc.html).Additional information,data,and resources on sea level rise are available at Sea
Level Rise Technical Report: Download and FAOs(noaa.Lovl.
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Incorporation of Nature-based solutions are actions to protect, 100
Nature-Based sustainably manage, or restore natural or modified
Solutions23 ecosystems to address societal challenges
simultaneously providing benefits for people and the
environment. Refer to
hiips.://www.whitehouse.gov/wp-
contenL/uploads/2022/1 I/Nature-Based-Solutions-
RoadmV.pdf
FEMA recognizes that strategies for nature-based
solutions are diverse; one size does not fit all. As
such, examples of nature-based solutions may
include wetland restoration and protection;
greenways; stormwater parks; floodplain restoration;
rain gardens; green roofs; permeable pavement;
coastal wetlands; and living shorelines.
Subapplications will receive 100 points if the project
incorporates nature-based solutions. No partial
points are assigned to this category.
FEMA FMA FMA C&CB Activities are used to develop future 50
Capability and Localized Flood Risk Reduction Projects and/or
Capacity Building Individual Flood Mitigation Projects that will
(C&CB) Activities subsequently reduce flood claims against the NFIP.
Before FY 2022 FMA NOFO, C&CB Activities
were referred to as hazard mitigation plans, technical
assistance, and project scoping.
Subapplications will receive 50 points if the project
was generated from a previous FMA award. No
partial points are assigned to this category.
23 For more information on nature-based solutions,please reference Building Community Resilience with Nature-Based
Solutions:A Guide for Local Communities and Nature-Based Solutions FEMA.lov
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Public and Private- FEMA encourages innovative use of public and 25
Sector Partnerships private-sector partnerships, including incentivizing
private organizations and businesses that partner
with public organization to meet the non-federal cost
share.
Subapplication will receive 25 points if the
subapplication incorporates partnerships (e.g., state
Tribal,private, local community, etc.)that will
ensure the project meets community needs
including those of overburdened and underserved
populations, and show the outcome of those
partnerships (e.g., leveraging resources such as
financial, material, and educational resources
coordinating multi jurisdictional projects
heightened focus on equity related issues, etc.). No
partial points are assigned to this category.
Community Rating The CRS recognizes and encourages community 25
System (CRS) floodplain-management activities that exceed the
Participation minimum National Flood Insurance Program
standards. Depending on the level of participation
flood insurance premium rates for policyholders
can be reduced up to 45%.
Subapplications will receive 25 points if they are a
participate in CRS. No partial points are assigned to
this category.
Cooperating The CTP is a qualified partnership program in which 25
Technical communities commit to collaborate in maintaining
Assistance Partners up-to-date flood hazard maps and other flood hazard
Program (CTP) information.
Participation
Subapplications will receive 25 points if they are a
CTP participating community. No partial points are
assigned to this category.
After meeting the $520 million available for Localized Flood Risk Reduction Projects or
when all eligible Localized Flood Risk Reduction Project subapplications have been selected,
FEMA will select eligible subapplications for the remaining funds in the following order.
III.INDIVIDUAL FLOOD MITIGATION PROJECT—UP TO$220 MILLION
FEMA will then select Individual Flood Mitigation Project subapplication(s)based on
projects meeting the below FEMA scoring criteria. FEMA will select eligible Individual
Flood Mitigation Project subapplications on a competitive basis in the following prioritized
order:
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Individual Flood Mitigation Projects that will mitigate flood damage to at least 75 percent of
structures included in the subapplication that meet ANY of the following FMA and/or NFIP
SRL and RL definitions in order by program priority:
1. Meet the FMA definition of an SRL property in 42 U.S.C. § 4104c(h)(3)(B)(ii): At
least two separate NFIP claim payments have been made with the cumulative amount
of such claims exceeding the market value of the insured structure.
2. Meet the FMA definition of an SRL property in 42 U.S.C. § 4104c(h)(3)(B)(i): four
or more separate NFIP claims payments have been made with the amount of each
claim exceeding $5,000, and with the cumulative amount of claims payments
exceeding $20,000.
3. Meet the FMA definition of a RL property definition in 42 U.S.C. § 4121(a)(7): have
incurred flood-related damage on two occasions, in which the cost of the repair, on
the average, equaled or exceeded 25 percent of the market value of the structure at the
time of each such flood event, and at the time of the second incidence of flood-related
damage, the contract for flood insurance contains increased cost of compliance
coverage.
4. Meet NFIP definition of an SRL property24: four or more separate NFIP claim
payments of more than $5,000 each (including building and contents payments); or
two or more separate claim payments (building payments only) where the total of the
payments exceeds the current market value of the property.
5. Meet the NFIP definition of an RL property in Title 44 C.F.R. Part § 209.2: a
structure covered by a contract for flood insurance under the National Flood
Insurance Program (NFIP) that has incurred flood-related damage on two occasions
during a 10-year period, each resulting in at least a$1,000 claim payment.
In the event requested funding exceeds $220 million funding for this priority, FEMA will
prioritize subapplications based on:
• Count of properties meeting FMA and/or NFIP defined SRL and RL definitions in
order by program priority (1-5) above, and
• Total dollars of all NFIP policy claims on record for all NFIP properties proposed
for mitigation in the subapplication.
FEMA may rank subapplications lower where the average elevation federal cost share is
greater than $250,000 for all single dwelling units or the average acquisition federal cost
share is greater than $750,000 for all single dwelling units.
FEMA will further prioritize properties from subapplications if the building value of a single-
family dwelling is less than $750,000, according to best available data, to ensure
maximization of the number of NFIP-insured properties selected for mitigation projects in
2'For the NFIP definition of an SRL property,refer to 42 U.S.C. §4014(h);see FEMA,National Flood Insurance Program,
Flood Insurance Manual,Appendix I,pg. 1,and Appendix L,pg.8(Apr.2021);FEMA,National Flood Insurance Program,
Community Rating System Coordinator's Manual,pg. 120-8(2017).
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accordance with 44 C.F.R. § 77.4(a). To determine the building value of a single-family
dwelling, homeowners can refer to the Replacement Cost Value (RCV)25 documented in the
most recent claim. If no RCV is provided, then homeowners can refer to the Actual Cash
Value (ACV)26 as documented on the most recent claim. If an RCV or ACV for the structure
is not available or includes errors, FEMA will evaluate properties on a case-by-case basis for
removal from the subapplication.
If the structure does not have an RCV, then FEMA will consider the Actual Cash Value
(ACV) of the structure, as listed on the most current claim of the property. If the structure has
neither RCV nor ACV, FEMA will consider the assessed market value.
If available funding requires prioritization within one of the above priorities, FEMA will
apply the Final Priority Scoring Criteria for Individual Mitigation Project below. FEMA may
reconsider Single-family dwellings that are not selected.
IV.FEMA WILL SELECT REMAINING ELIGIBLE SUBAPPLICATIONS ONCE ALL ABOVE
PRIORITIES ARE MET BASED ON BENEFITS TO THE NFIP.
FEMA will verify project eligibility. However, applicants should ensure that accurate NFIP
policy numbers, and FMA and/or NFIP defined SRL and RL numbers are included in all
subapplications. After FEMA selects all subapplications in prioritized order above, FEMA
will use the Final Priority Scoring Criteria below to determine the selection order for the
remaining subapplications. The subapplications will be selected based on cumulative score,
from highest to lowest.
Final Priority Scoring Criteria for Individual Flood Mitigation Project
Priority Description Available
Points
Substantial Substantial damage applies to a structure in a Special 10 points per
Damage27 Flood Hazard Area—or floodplain—for which the total Substantial
cost of repairs is 50 percent or more of the structure's Damage
market value before the disaster occurred, regardless of structure, no
the cause of damage. This percentage rule can vary cap
among jurisdictions. The decision about a structure being
substantially damaged is made at the local community
generally by a building-department official or floodplain
manager. For communities that participate in the
National Flood Insurance Program (NFIP), substantial
damage determinations generally are required by local
floodplain-management ordinances. These rules must be
25 The cost to replace property with the same kind of material and construction without deduction for depreciation.
26 The cost to replace an insured item of property at the time of loss,less the value of its physical depreciation.
27 Damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would
equal or exceed 50 percent of the market value of the building before the damage occurred.(Hazard Mitigation Assistance
Program and Policy Guide,2023)
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in place for residents of a community to purchase flood
insurance.
The subapplication will receive 10 points per structure
that is determined Substantially Damaged by the
community within five (5)years of the Application
Submission Deadline and a verification letter is included
in the subapplication. Full points are assigned to this
category and there is no point cap/limit.
Justice40 A Justice40 community, also referred as a disadvantaged Up to 50
Community or community, is identified using the version 1.0 of the points
Community Disaster Climate and Economic Justice Screening Tool (CEJST).
Resilience Zones Justice40 communities are considered disadvantaged if
they are in census tracts that meet the thresholds for at
least one of the tool's categories of burden, or if they are
on lands within the boundaries of federally recognized
Tribes. In addition, census tracts that are completely
surrounded by disadvantaged communities are also
considered disadvantaged if they meet an adjusted low-
income threshold (at or above the 50'h percentile).
Justice40 communities have been marginalized by
society, overburdened by pollution, and/or underserved
by infrastructure and other basic services. Further, all
federally recognized Tribes or Tribal entities are
Justice40 communities (whether or not they have land).
A Community Disaster Resilience Zone is defined in 42
U.S.C. § 5136(a)(1), and all Community Disaster
Resilience Zone are located in Justice40 communities.
For a complete listing of FEMA identified Community
Disaster Resilience Zones, refer to
hiips.://www.fema.gov/flood-maps/products-
tool s/nati onal-ri sk-index/communi1y-di saster-resi 1i ence-
zones
Subapplications that primarily benefits a Community
Disaster Resilience Zone will receive 50 points.
OR
Subapplications that primarily benefits a Justice40
community will receive 35 points. Full and partial points
are assigned to this category.
FMA and NFIP FMA aims to implement projects that reduce flood risks Up to 30
defined Severe posed to repetitively flooded properties insured under the
Repetitive Loss National Flood Insurance Program (NFIP), and the
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49
(SRL) and disruption to life caused by repeated flooding of the same
Repetitive Loss (RL) properties.
Properties28
Points will be assessed for FMA and NFIP defined SRL
and/or RL structures verified within the subapplication.
Full and partial points are assigned to this category.
• If greater than 35% of properties in the
subapplication are SRL or RL, the subapplication
will receive 30 points, or
• If 25% - 35% of properties in
the subapplication are SRL and/or RL, the
subapplication will receive 15 points.
FEMA FMA FMA C&CB Activities are used to develop future 20
Capability and Localized Flood Risk Reduction Projects and/or
Capacity Building Individual Flood Mitigation Projects that will
(C&CB) Activities subsequently reduce flood claims against the NFIP.
Before FY 2022 FMA NOFO, C&CB Activities were
referred to as hazard mitigation plans, technical
assistance, and project scoping.
Subapplications will receive 20 points if the project was
generated from a previous FMA award. No partial points
are assigned to this category.
FEMA may select any subapplication out of priority order based on one or more of the
following factors:
• Availability of funding
• Duplication of subapplications
• Program priorities and policy factors
• Other pertinent information
Subapplications that have made it through the selections process but will not be funded due to
the limited availability of FMA funding, may be reviewed by other FEMA grant programs for
eligibility and alternative funding. Additional information may be requested to ensure all
applicable programmatic eligibility criteria are met.
b. Selection Status
After FEMA has completed its review of all subapplications across Capability and Capacity
Building Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation
Project, FEMA will assign each of them one of the following three statuses:
"Refer to Section E. Application Review Information,2.Review and Selection Process,III.Individual Flood
Mitigation Projects of this funding opportunity.
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• Identified for Further Review (IFFR)—This means the subapplication is selected
and there is available funding under the applicable subtotals. Additional information
may be requested from the applicant at this stage that may impact eligibility.
Identified for Further Review (IFFR) status does not automatically imply an award
will be made.
• Not Selected—This means the subapplication is eligible but was not selected due to
a lack of available funding under the applicable subtotals.
• Does Not Meet HMA Requirements —This means the subapplication does not
satisfy the eligibility or completeness requirements outlined in the statute,policy, or
Section C.3.
c. Request for Reconsideration
At its discretion, and at the request of the applicant or subapplicant(through the applicant),
FEMA may reconsider a decision regarding any subapplication that is Not Selected or Does
Not Meet HMA Requirements only where there is an indication of substantive technical or
procedural error that may have influenced FEMA's decision. There will be no
reconsideration regarding the amount of planning subapplications, applicant management
costs, or Technical Assistance costs. Applicants must send requests for reconsideration based
on technical or procedural error to the FEMA Regional Office within 60 days of the posting
of subapplication status. Subapplicants should contact their applicant agency regarding
reconsideration requests, so that the applicant may submit it to the FEMA Regional Office on
their behalf. Contact information for each State Hazard Mitigation Officer is provided at
State Hazard Mitigation Officers I FEMA.gov.
The FEMA Regional Office will review reconsideration requests received from applicants
and submit the Regional recommendation to FEMA Headquarters. FEMA Headquarters will
make a final determination to overturn or uphold the original decision and send the response
to the applicant.
Prior to making an award, FEMA will evaluate recipients to determine the level of risk when
there is a history of failure to comply with general or specific terms and conditions of a
federal award or failure to meet the expected performance goals. If FEMA determines that a
federal award will be made, special conditions that correspond to the degree of risk assessed
may be applied to the award, as specified in Part 8: Award Administrative Requirements,
Section C: Assessment of Risk Posed by Recipient and Subrecipient Prior to Award of the
2023 Hazard Mitigation Assistance Program and Polices.
F. Federal Award Administration Information
1. Notice of Award
Before accepting the award, the AOR and recipient should carefully read the award package.
The award package includes instructions on administering the grant award and the terms and
conditions associated with responsibilities under federal awards. Recipients must accept all
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conditions in this NOFO as well as any specific terms and conditions in the Notice of
Award to receive an award under this program.
FEMA will provide the federal award package to the applicant electronically via FEMA GO.
Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and
Obligating Document. An email notification of the award package will be sent through
FEMA's grant application system to the Authorized Organization Representative (AOR) that
submitted the application.
Recipients must accept their awards no later than 30 days from the award date. The recipient
shall notify FEMA of its intent to accept and proceed with work under the award through the
FEMA GO system.
Funds will remain on hold until the recipient accepts the award through the FEMA GO
system and all other conditions of the award have been satisfied or until the award is
otherwise rescinded. Failure to accept a grant award within the specified timeframe may
result in a loss of funds.
When FEMA obligates funds for a grant to an applicant, the applicant and subapplicant are
denoted as recipient and subrecipient, respectively. The recipient and subrecipient agree to
abide by the grant award term and conditions as set forth in the Articles of Agreement
provided in the award package. Recipients must accept all conditions in this NOFO as well as
any Special Terms and Conditions.
FEMA or DHS may initiate a formal evaluation of programs, projects, or activities supported
by this grant. By accepting grant funds, recipients agree to participate in the evaluation,
which may include analysis of individuals who benefit from the grant(such as property
owners), and providing access to program operating personnel and participants, as specified
by the evaluator(s), including after the POP.
2. Administrative and National Policy Requirements
In addition to the requirements of in this section and in this NOFO, FEMA may place
specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.
a. DHS Standard Terms and Conditions
All successful applicants for DHS grant and cooperative agreements are required to comply
with DHS Standard Terms and Conditions, which are available online at: DHS Standard
Terms and Conditions.
The applicable DHS Standard Terms and Conditions will be those in effect at the time the
award was made. What terms and conditions will apply for the award will be clearly stated in
the award package at the time of award.
b. Ensuring the Protection of Civil Rights
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As the Nation works towards achieving the National Preparedness Goal, it is important to
continue to protect the civil rights of individuals. Recipients and subrecipients must carry out
their programs and activities, including those related to the building, sustainment, and
delivery of core capabilities, in a manner that respects and ensures the protection of civil
rights for protected populations.
Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title
VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations,prohibit
discrimination on the basis of race, color, national origin, sex, religion, age, disability,
limited English proficiency, or economic status in connection with programs and activities
receiving federal financial assistance from FEMA.
The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions
that apply to recipients. These terms and conditions can be found in the DHS Standard Terms
and Conditions. Additional information on civil rights provisions is available at
https://www.fema.gov/about/offi ces/equal-rights/civil-ri ghts.
Monitoring and oversight requirements in connection with recipient compliance with federal
civil rights laws are also authorized pursuant to 44 C.F.R. Part 7.
In accordance with civil rights laws and regulations, recipients and subrecipients must ensure
the consistent and systematic fair,just, and impartial treatment of all individuals, including
individuals who belong to underserved communities that have been denied such treatment.
c. Environmental Planning and Historic Preservation (EHP) Compliance
As a federal agency, FEMA is required to consider the effects of its actions on the
environment and historic properties to ensure that all activities and programs funded by
FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders
(EO), regulations, and policies, as applicable.
All FEMA actions, including grant-funded actions, must comply with National Flood
Insurance Program criteria or any more restrictive federal, state, or local floodplain
management standards or building code (44 CFR § 9.11(d)(6)).
All FEMA-funded non-critical actions in 1% annual chance floodplains (also known as 100-
year floodplains)that involve structure elevation, mitigation reconstruction, dry
floodproofing, new construction, repair of substantial damage or substantial improvement of
structures must be elevated or floodproofed, at a minimum, to the lower of:
• Two feet above the 1% annual chance flood elevation (also known as the base flood
elevation), in accordance with the Federal Flood Risk Management Standard
(FFRMS) "Freeboard Value Approach" (FVA); or
• The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations
are not available, such actions must be elevated to at least two feet above the 1%
annual chance flood elevation.
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All FEMA-funded critical actions in 1% annual chance floodplains or 0.2% annual chance
floodplains (also known as 500-year floodplains) that involve structure elevation, mitigation
reconstruction, dry floodproofing, new construction, repair of substantial damage or
substantial improvement of structures must be elevated, at a minimum, to the higher of:
• Three feet above the 1% annual chance flood elevation; or
• The 0.2% annual chance flood elevation. Where 0.2% annual chance flood
elevations are not available, such actions must be elevated to at least three feet above
the 1% annual chance flood elevation.
See Executive Order 11988,Floodplain Management, as amended by Executive Order
13690, Establishing a Federal Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input, and the 2023 Hazard Mitigation Assistance
Program and Polices
Recipients and subrecipients proposing projects that have the potential to impact the
environment,including,but not limited to, the construction of communication towers,
modification or renovation of existing buildings, structures, and facilities, or new
construction including replacement of facilities, must participate in the FEMA EHP
review process. The EHP review process involves the submission of a detailed project
description along with any supporting documentation requested by FEMA in order to
determine whether the proposed project has the potential to impact environmental resources
or historic properties.
In some cases, FEMA is also required to consult with other regulatory agencies and the
public in order to complete the review process. Federal law requires EHP review to be
completed before federal funds are released to carry out proposed projects. FEMA may not
be able to fund projects that are not incompliance with applicable EHP laws, regulations,
Executive Orders, and policies.
DHS and FEMA EHP policy is found in directives and instructions available on the
FEMA.gov EHP page, the FEMA website page that includes documents regarding EHP
responsibilities and program requirements, including implementation of the National
Environmental Policy Act and other EHP laws, regulations and Executive Orders. Individual
FEMA programs have separate procedures to conduct and document EHP review. Guidance
for individual grant programs is available from applicable program offices.
Presidential EO 11988 and EO 11990: Protection of Wetlands require that all federal actions
in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be
evaluated for social, economic, historical, environmental, legal and safety considerations.
FEMA's regulations at 44 C.F.R. Part 9 implement the EOs and require an 8-step review
process if a proposed action is located in a floodplain or wetland consistent with 44 CYR. §
9.6.
The regulation also requires that the federal agency provide public notice of the proposed
action at the earliest possible time to provide the opportunity for public involvement in the
decision-making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the
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federal action, FEMA is required to undertake a detailed review to determine what measures
can be taken to minimize future damages to the floodplain or wetland.
Through this NOFO, FEMA is giving notice of projects that may be funded under the FMA
program, consistent with the requirements of Section 9.8. The public is invited to participate
in the process of identifying alternatives to locating a proposed project in the floodplain or
wetland and analyzing the impacts of the alternatives on the floodplain or
wetland. Comments may be provided by emailing ehphelpline&fema.dhs.gov within 15 days
of its issuance. While analyzing alternatives, FEMA may determine there are no practicable
alternatives to carrying out the proposed work within the floodplain or wetland. Relocating
facilities may not be practicable and would adversely impact affected communities socially
and economically.
In addition, no alternative actions may be practicable that serve the same purpose and have
less potential to affect or be affected by the floodplain. The no action option would not be
appropriate as it would fail to meet the purpose and need of the community. In the course of
developing project proposals, subsequent public notices will be published, if necessary, as
more specific information becomes available.
d. Construction Project Requirements
Acceptance of federal funding requires FEMA, the recipient, and any subrecipients to
comply with all federal, state, and local laws and regulations prior to the start of any
construction activity. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding. Also:
• Any change to the approved scope of work will require re-evaluation by FEMA for
compliance with the NEPA and other laws and Executive Orders.
• If ground-disturbing activities occur during construction, the recipient and any
subrecipients must ensure monitoring of ground disturbance, and if any potential
archaeological resources are discovered, the subrecipient will immediately cease
construction in that area and notify the recipient and FEMA.
o All mitigation projects must be in in conformance with flood insurance
requirements. This means that if the project is located in a SFHA: (a) the
project must be in a jurisdiction participating in the NFIP; and (b) the
property owner(s) must obtain and maintain flood insurance for the life of
the structure, regardless of transfer of ownership, in an amount at least equal
to the project cost or to the maximum limit of coverage made available with
respect to the mitigated property, whichever is less.
3. Reporting
Recipients are required to submit various financial and programmatic reports as a condition
of award acceptance. Future awards and funds drawdown may be withheld if these reports
are delinquent.
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a. Financial Reporting Requirements
I. FEDERAL FINANCIAL REPORT(FFR)
Recipients must report obligations and expenditures through the FFR form (SF-425) to
FEMA.
Recipients may review the Federal Financial Reporting Form (FFR) (SF-425) at
hiips.://www.grants.gov/web/grants/forins/Xost-award-re_porting-forms.htinlgsortbyfIL.
Recipients must file the FFR electronically using FEMA GO.
ii. FFR REPORTING PERIODS AND DUE DATES
An FFR must be submitted quarterly throughout the POP, including partial calendar quarters,
as well as in periods where no grant award activity occurs. The final FFR is due within 120
calendar days after the end of the POP. Future awards and fund drawdowns may be withheld
if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail.
Except for the final FFR due at 120 days after the end of the POP for purposes of closeout,
the following reporting periods and due dates apply for the FFR:
Reporting Period Report Due Date
October I —December 31 January 30
January I —March 31 April 30
April I —June 30 July 30
July I — September 30 October 30
b. Programmatic Performance Reporting Requirements
1. PERFORMANCE PROGRESS REPORT(PPR)
In addition to the FFR reports, recipients must report on the progress of the grant on a
quarterly basis to DHS/FEMA using the Quarterly Performance Report in FEMA GO. The
Quarterly Performance Reports must be submitted electronically in FEMA GO quarterly
throughout the POP, including partial calendar quarters, as well as for periods where no grant
award activity occurs. Reports are due within 30 days from the end of the first federal quarter
following the initial grant award and thereafter until the grant ends.
c. Closeout Reporting Requirements
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I. CLOSEOUT REPORTING
Within 120 calendar days after the end of the period of performance for the prime award or
after an amendment has been issued to close out an award before the original POP ends,
recipients must liquidate all financial obligations and must submit the following:
i. The final request for payment, if applicable.
ii. The final FFR(SF-425).
iii. The final progress report detailing all accomplishments, including a narrative
summary of the impact of those accomplishments throughout the period of
performance.
iv. Other documents required by this NOFO, terms and conditions of the award, or other
FEMA guidance.
v. An inventory of all construction projects that used funds from this program.
In addition, pass-through entities are responsible for closing out their subawards as described
in 2 C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90
calendar days of the period of performance end date. When a subrecipient completes all
closeout requirements, pass-through entities must promptly complete all closeout actions for
subawards in time for the recipient to submit all necessary documentation and information to
FEMA during the closeout of the prime award.
After the prime award closeout reports have been reviewed and approved by FEMA, a
closeout notice will be completed to close out the grant. The notice will indicate the period of
performance as closed, list any remaining funds that will be deobligated, and address the
requirement of maintaining the grant records for at least three years from the date of the final
FFR. The record retention period may be longer, such as due to an audit or litigation, for
equipment or real property used beyond the period of performance, or due to other
circumstances outlined in 2 C.F.R. § 200.334.
The recipient is responsible for refunding to FEMA any balances of unobligated cash that
FEMA paid that are not authorized to be retained per 2 C.F.R. § 200.344(d).
IL ADMINISTRATIVE CLOSEOUT
Administrative closeout is a mechanism for FEMA to unilaterally move forward with
closeout of an award using available award information in lieu of final reports from the
recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA
needs to administratively close an award, this may negatively impact a recipient's ability to
obtain future funding. This mechanism can also require FEMA to make cash or cost
adjustments and ineligible cost determinations based on the information it has, which may
result in identifying a debt owed to FEMA by the recipient.
When a recipient is not responsive to FEMA's reasonable efforts to collect required reports
needed to complete the standard closeout process, FEMA is required under 2 C.F.R. §
200.344(h)to start the administrative closeout process within the regulatory timeframe.
FEMA will make at least three written attempts to collect required reports before initiating
administrative closeout. If the recipient does not submit all required reports in accordance
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with 2 C.F.R. § 200.344, this NOFO, and the terms and conditions of the award, FEMA must
proceed to administratively close the award with the information available within one year of
the period of performance end date. Additionally, if the recipient does not submit all required
reports within one year of the period of performance end date, per 2 C.F.R. § 200.344(i),
FEMA must report in FAPIIS the recipient's material failure to comply with the terms and
conditions of the award.
If FEMA administratively closes an award where no final FFR has been submitted, FEMA
uses that administrative closeout date in lieu of the final FFR submission date as the start of
the record retention period under 2 C.F.R. § 200.334.
In addition, if an award is administratively closed, FEMA may decide to impose remedies for
noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award
applications, or apply special conditions to existing or future awards.
d. Additional Reporting Requirements
I. DISCLOSING INFORMATION PER 2 C.F.R. § 180.335
This reporting requirement pertains to disclosing information related to government-wide
suspension and debarment requirements. Before a recipient enters into a grant award with
FEMA, the recipient must notify FEMA if it knows if it or any of the recipient's principals
under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335:
i. Are presently excluded or disqualified;
ii. Have been convicted within the preceding three years of any of the offenses listed in
2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the
recipient's principals for one of those offenses within that time period;
iii. Are presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any of the offenses
listed in 2 C.F.R. § 180.800(a); or
iv. Have had one or more public transactions (federal, state, or local)terminated within
the preceding three years for cause or default.
At any time after accepting the award, if the recipient learns that it or any of its principals
falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must
provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350.
IL REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE
Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in
2 C.F.R. Part 200, Appendix XII may apply to applicants who, if upon becoming recipients,
have a total value of currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies that exceeds $10,000,000 for any period of time
during the period of performance of an award under this funding opportunity.
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Recipients that meet these criteria must maintain current information reported in FAPIIS
about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII
at the reporting frequency described in paragraph 4 of Appendix XII.
III. SINGLE AUDIT REPORT
For audits of fiscal years beginning on or after December 26, 2014, recipients that expend
$750,000 or more from all federal funding sources during their fiscal year are required to
submit an organization-wide financial and compliance audit report, also known as the single
audit report.
The audit must be performed in accordance with the requirements of U.S. Government
Accountability Office's (GAO) Government Auditing Standards, located at
hops://www.gao.gov/yellowbook/overview, and the requirements of Subpart F of 2 C.F.R.
Part 200, located at http://www.ecfr.gov/cgi-bin/text-idx?node=sp2.1.200.f.
4. Monitoring and Oversight
Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all
reasonable times, to make site visits or conduct desk reviews to review project
accomplishments and management control systems to review award progress and to provide
any required technical assistance. During site visits or desk reviews, FEMA will review
recipients' files related to the award. As part of any monitoring and program evaluation
activities, recipients must permit FEMA, upon reasonable notice, to review grant-related
records and to interview the organization's staff and contractors regarding the program.
Recipients must respond in a timely and accurate manner to FEMA requests for information
relating to the award.
Effective monitoring and oversight help FEMA ensure that recipients use grant funds for
their intended purpose(s); verify that projects undertaken are consistent with approved plans;
and ensure that recipients make adequate progress toward stated goals and objectives.
Additionally, monitoring serves as the primary mechanism to ensure that recipients comply
with applicable laws, rules, regulations,program guidance, and requirements. FEMA
regularly monitors all grant programs both financially and programmatically in accordance
with federal laws, regulations (including 2 C.F.R. Part 200), program guidance, and the terms
and conditions of the award. All monitoring efforts ultimately serve to evaluate progress
towards grant goals and proactively target and address issues that may threaten grant success
during the period of performance.
FEMA staff will periodically monitor recipients to ensure that administrative processes,
policies and procedures, budgets, and other related award criteria are meeting Federal
Government-wide and FEMA regulations. Aside from reviewing quarterly financial and
programmatic reports, FEMA may also conduct enhanced monitoring through either desk-
based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the
review and analysis of the financial compliance and administrative processes, policies,
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activities, and other attributes of each federal assistance award, and it will identify areas
where the recipient may need technical assistance, corrective actions, or other support.
Financial and programmatic monitoring are complementary processes within FEMA's
overarching monitoring strategy that function together to ensure effective grants
management, accountability, and transparency; validate progress against grant and program
goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring
primarily focuses on statutory and regulatory compliance with administrative grant
requirements, while programmatic monitoring seeks to validate and assist in grant progress,
targeting issues that may be hindering achievement of project goals and ensuring compliance
with the purpose of the grant and grant program. Both monitoring processes are similar in
that they feature initial reviews of all open awards, and additional, in-depth monitoring of
grants requiring additional attention.
Recipients and subrecipients who are pass-through entities are responsible for monitoring
their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part
200, including 2 C.F.R. § 200.332. This includes the pass-through entity's responsibility to
monitor the activities of the subrecipient as necessary to ensure that the subaward is used for
authorized purposes, in compliance with federal statutes, regulations, and the terms and
conditions of the subaward; and that subaward performance goals are achieved.
In terms of overall award management, recipient and subrecipient responsibilities include,
but are not limited to: accounting of receipts and expenditures, cash management,
maintaining adequate financial records, reporting and refunding expenditures disallowed by
audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and
ensuring overall compliance with the terms and conditions of the award or subaward, as
applicable, including the terms of 2 C.F.R. Part 200.
By accepting the award, all recipients agree to participate in monitoring or an evaluation of
this grant, which may include analysis of the impact and providing access to program
operating personnel and participants, as specified by the evaluator(s). FEMA, through the
FMA program, encourages investments to protect communities and infrastructure. As part of
performance evaluation and monitoring efforts, FEMA will conduct a series of grant
effectiveness and cost-effectiveness case studies jointly with FMA recipients to highlight
how recipients and subrecipients have used the FMA funds to increase resilience from
natural hazards in their jurisdictions.
FEMA will not provide additional federal funding in the event of a cost overrun.
G. DHS Awarding A2ency Contact Information
1. Contact and Resource Information
a. Program Office Contact
General questions about the FMA program can be directed to the appropriate FEMA
Regional Office or State Hazard Mitigation Officer. Contact information for FEMA Regional
Offices is provided at hops://www.fema.gov/about/contact. Contact information for the State
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Hazard Mitigation Officers is provided at hiips.://www.fema.gov/state-hazard-midgaii�Qn-
officers.
The HMA Helpline is available by telephone 1-866-222-3580.
For questions about cost-effectiveness and FEMA's BCA software, contact the BC Helpline
by telephone 1-855-540-6744 or email BCHe1p1ineL&fema.dhs.gov.
The Building Science Helpline is available for guidance on FEMA Building Science
publications by email FEMA-BuildingScienceHelpL&fema.dhs.gov.
For questions about NEPA or EHP requirements, the EHP Helpline is available by telephone
1-866-222-3580 or email ehhe1p1ineL&fema.dhs.gov.
Resources and job aids intended to help prepare applications and subapplications are
available on FEMA's Hazard Mitigation Assistance webpage at
hiips.://www.fema.gov/grants/mitigation.
Resources intended to help applicants and subapplicants prepare hazard mitigation plans and
planning grants are available on FEMA's Mitigation planning webpage at
hiips://www.fema.gov/emergency-managers/risk-management/hazard-miti at ,planning
FEMA publications that specify the documentation and information necessary for FEMA to
review project applications for feasibility and effectiveness, cost-effectiveness, and potential
impacts on environmental and cultural resources are available on the FEMA website at
hiips.://www.fema.gov/�4rants/gtiidance-tools.
b. FEMA Grants News
FEMA Grants News is a non-emergency comprehensive management and information
resource developed by FEMA for grants stakeholders. This channel provides general
information on all FEMA grant programs and maintains a comprehensive database
containing key personnel contact information at the federal, state, and local levels. When
necessary, recipients will be directed to a federal point of contact who can answer specific
programmatic questions or concerns. FEMA Grants Information Desk can be reached by e-
mail at fema-grants-newsL&fema.dhs.gov OR by phone at(800) 368-6498, Monday through
Friday, 9:00 AM—5:00 PM ET.
c. FEMA Regional Offices
FEMA Regional Offices manage, administer, and conduct the application budget review,
create the award package, approve, amend, and close out awards, as well as conduct cash
analysis, financial and programmatic monitoring, and audit resolution for FMA. The Regions
also provide technical assistance to FMA recipients.
FEMA Regional Office contact information is available at hidps://www.fema.gov/fema-
regional-contacts.
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d. Equal Rights
The FEMA Office of Equal Rights (OER) is responsible for compliance with and
enforcement of federal civil rights obligations in connection with programs and services
conducted by FEMA and recipients of FEMA financial assistance. All inquiries and
communications about federal civil rights compliance for FEMA grants under this NOFO
should be sent to FEMA-CivilRightsOffice@fema.dhs.gov.
e. Environmental Planning and Historic Preservation
The FEMA Office of Environmental Planning and Historic Preservation (OEHP)provides
guidance and information about the EHP review process to FEMA programs and FEMA's
recipients and subrecipients. All inquiries and communications about EHP compliance for
FEMA grant projects under this NOFO or the EHP review process should be sent to FEMA-
OEHP-NOFOQuestions@fema.dhs.gov.
2. Systems Information
a. FEMA GO
For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk
at femagoL&fema.dhs.gov or(877) 611-4700, Monday through Friday, 8:00 AM—6:00 PM
ET.
H. Additional Information
1. Termination Provisions
FEMA may terminate a federal award in whole or in part for one of the following reasons.
FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§
200.344-200.345 even if an award is terminated in whole or in part. To the extent that
subawards are permitted under this NOFO,pass-through entities should refer to 2 C.F.R. §
200.340 for additional information on termination regarding subawards.
a. Noncompliance
If a recipient fails to comply with the terms and conditions of a federal award, FEMA may
terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may
first attempt to direct the recipient to correct the noncompliance. This may take the form of a
Compliance Notification. If the noncompliance cannot be corrected or the recipient is non-
responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy
for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate
based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as
well as the requirement of 2 C.F.R. § 200.340(c)to report in FAPIIS the recipient's material
failure to comply with the award terms and conditions. See also the section on Actions to
Address Noncompliance in this NOFO.
b. With the Consent of the Recipient
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FEMA may also terminate an award in whole or in part with the consent of the recipient, in
which case the parties must agree upon the termination conditions, including the effective
date, and in the case of partial termination, the portion to be terminated.
c. Notification by the Recipient
The recipient may terminate the award, in whole or in part, by sending written notification to
FEMA setting forth the reasons for such termination, the effective date, and in the case of
partial termination, the portion to be terminated. In the case of partial termination, FEMA
may determine that a partially terminated award will not accomplish the purpose of the
federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will
follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the
award.
2. Program Evaluation
Recipients and subrecipients are encouraged to incorporate program evaluation activities
from the outset of their program design and implementation to meaningfully document and
measure their progress towards meeting the project(s) goals. Title I of the Foundations for
Evidence-Based Policymaking Act of 2018 (Evidence Acts, Pub. L. No. 115-435 (201q�
urges federal awarding agencies and federal assistance recipients and subrecipients to use
program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate
program service and delivery across the program lifecycle. Evaluation means "an assessment
using systematic data collection and analysis of one or more programs, policies, and
organizations intended to assess their effectiveness and efficiency." Evidence Act§ 101
(codified at 5 U.S.C. § 311). Evaluation costs are allowable costs (either as direct or indirect),
unless prohibited by statute or regulation.
In addition, recipients are required to participate in a DHS-led evaluation if selected, which
may be carried out by a third-parry on behalf of the Program Office or DHS. By accepting
grant funds, recipients agree to participate in the evaluation, which may include analysis of
individuals who benefit from the grant, and provide access to program operating personnel
and participants, as specified by the evaluator(s) during the award.
3. Period of Performance Extensions
Extensions to the period of performance (POP) for this program are allowed. Extensions to
the POP identified in the award will only be considered through formal, written requests to
the recipient's FEMA Regional Office and must contain specific and compelling
justifications as to why an extension is required. Recipients are advised to coordinate with
the FEMA Regional Hazard Mitigation Assistance Specialist as needed when preparing an
extension request.
All extension requests must address the following:
a. The grant program, fiscal year, and award number;
b. Reason for the delay —including details of the legal, policy, or operational challenges
that prevent the final outlay of awarded funds by the deadline;
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c. Current status of the activity(ies);
d. Approved POP termination date and new project completion date;
e. Amount of funds drawn down to date;
f. Remaining available funds, both federal and, if applicable, non-federal;
g. Budget outlining how remaining federal and, if applicable, non-federal funds will be
expended;
h. Plan for completion, including milestones and timeframes for achieving each
milestone and the position or person responsible for implementing the plan for
completion; and
i. Certification that the activity(ies)will be completed within the extended POP without
any modification to the original statement of work, as described in the application and
as approved by FEMA.
Extension requests will be granted only due to compelling legal,policy, or operational
challenges. Extension requests will only be considered for the following reasons:
❑ Contractual commitments by the recipient or subrecipient with vendors prevent
completion of the project, including delivery of equipment or services, within the
existing POP;
❑ The project must undergo a complex environmental review that cannot be completed
within the existing POP;
❑ Projects are long-term by design, and therefore acceleration would compromise core
programmatic goals; or
❑ Where other special or extenuating circumstances exist.
Recipients should submit all proposed extension requests to FEMA for review and approval
at least 60 days prior to the end of the POP to allow sufficient processing time.
Based on sufficiency of justification, the FEMA Regional Administrator can issue up to two
extensions of the POP for up to 12 months each.
4. Disability Integration
Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial
assistance must ensure that their programs and activities do not discriminate against other
qualified individuals with disabilities.
Grant recipients should engage with the whole community to advance individual and
community preparedness and to work as a nation to build and sustain resilience. In doing so,
recipients are encouraged to consider the needs of individuals with disabilities into the
activities and projects funded by the grant.
FEMA expects that the integration of the needs of people with disabilities will occur at all
levels, including planning; alerting, notification, and public outreach; training;purchasing of
equipment and supplies; protective action implementation; and exercises/drills.
The following are examples that demonstrate the integration of the needs of people with
disabilities in carrying out FEMA awards:
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❑ Include representatives of organizations that work with/for people with disabilities on
planning committees, work groups and other bodies engaged in development and
implementation of the grant programs and activities.
❑ Hold all activities related to the grant in locations that are accessible to persons with
physical disabilities to the extent practicable.
❑ Acquire language translation services, including American Sign Language, that
provide public information across the community and in shelters.
❑ Ensure shelter-specific grant funds are in alignment with FEMA's Guidance on
Planning for Integration of Functional Needs Support Services in General Population
Shelters.
❑ If making alterations to an existing building to a primary function area utilizing
federal funds, complying with the most recent codes and standards and making path
of travel to the primary function area accessible to the greatest extent possible.
❑ Implement specific procedures used by public transportation agencies that include
evacuation and passenger communication plans and measures for individuals with
disabilities.
❑ Identify, create, and deliver training to address any training gaps specifically aimed
toward whole-community preparedness. Include and interact with individuals with
disabilities, aligning with the designated program capability.
❑ Establish best practices in inclusive planning and preparedness that consider physical
access, language access, and information access. Examples of effective
communication access include providing auxiliary aids and services such as sign
language interpreters, Computer Aided Real-time Translation (CART), and materials
in Braille or alternate formats.
FEMA grant recipients can fund projects towards the resiliency of the whole community,
including people with disabilities, such as training, outreach and safety campaigns,provided
that the project aligns with this NOFO and the terms and conditions of the award.
5. Conflicts of Interest in the Administration of Federal Awards or Subawards
For conflicts of interest under grant-funded procurements and contracts, refer to the section
on Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 —200.327.
To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients
and pass-through entities must follow their own policies and procedures regarding the
elimination or reduction of conflicts of interest when making subawards. Recipients and
pass-through entities are also required to follow any applicable federal and state, local, tribal,
or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of
subawards.
The recipient or pass-through entity must disclose to the respective Program Analyst or
Program Manager, in writing, any real or potential conflict of interest that may arise during
the administration of the federal award, as defined by the federal or SLTT statutes or
regulations or their own existing policies, within five days of learning of the conflict of
interest. Similarly, subrecipients, whether acting as subrecipients or as pass-through entities,
must disclose any real or potential conflict of interest to the recipient or next-level pass-
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through entity as required by the recipient or pass-through entity's conflict of interest
policies, or any applicable federal or SLTT statutes or regulations.
Conflicts of interest may arise during the process of FEMA making a federal award in
situations where an employee, officer, or agent, any members of his or her immediate family,
his or her partner has a close personal relationship, a business relationship, or a professional
relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees.
6. Procurement Integrity
Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant
monitoring, findings have shown that some FEMA recipients have not fully adhered to the
proper procurement requirements at 2 C.F.R. §§ 200.317 —200.327 when spending grant
funds. Anything less than full compliance with federal procurement requirements jeopardizes
the integrity of the grant as well as the grant program. To assist with determining whether an
action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331. For
detailed guidance on the federal procurement standards, recipients and subrecipients should
refer to various materials issued by FEMA's Procurement Disaster Assistance Team (PDAT),
such as the PDAT Field Manual and Contract Provisions Guide. Additional resources,
including an upcoming trainings schedule can be found on the PDAT Website:
hiips.://www.fema.gov/grants/procurement.
ants/procurement.
The below highlights the federal procurement requirements for FEMA recipients when
procuring goods and services with federal grant funds. FEMA will include a review of
recipients' procurement practices as part of the normal monitoring activities. All
procurement activity must be conducted in accordance with federal procurement
standards at 2 C.F.R. §§ 200.317—200.327. Select requirements under these standards are
listed below. The recipient and any of its subrecipients must comply with all requirements,
even if they are not listed below.
Under 2 C.F.R. § 200.317, when procuring property and services under a federal award,
states (including territories) must follow the same policies and procedures they use for
procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. §
200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for
procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. §
200.327 regarding required contract provisions.
All other non-federal entities, such as tribes (collectively, non-state entities), must have
and use their own documented procurement procedures that reflect applicable SLTT laws and
regulations, provided that the procurements conform to applicable federal law and the
standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to,
providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319
and the required procurement methods at § 200.320.
a. Important Changes to Procurement Standards in 2 C.F.R. Part 200
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OMB recently updated various parts of Title 2 of the Code of Federal Regulations, among
them, the procurement standards. States are now required to follow the socioeconomic steps
in soliciting small and minority businesses, women's business enterprises, and labor surplus
area firms per 2 C.F.R. § 200.321. All non-federal entities should also, to the greatest extent
practicable under a federal award,provide a preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States per 2 C.F.R. § 200.322. More
information on OMB's revisions to the federal procurement standards can be found in
Purchasing Under a FEMA Award: OMB Revisions Fact Sheet.
The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized into
informal procurement methods, which include micro-purchases and small purchases; formal
procurement methods, which include sealed bidding and competitive proposals; and
noncompetitive procurements. The federal micro-purchase threshold is currently $10,000,
and non-state entities may use a lower threshold when using micro-purchase procedures
under a FEMA award. If a non-state entity wants to use a micro-purchase threshold higher
than the federal threshold, it must follow the requirements of 2 C.F.R. § 200.320(a)(1)(iii)-
(v). The federal simplified acquisition threshold is currently $250,000, and a non-state entity
may use a lower threshold but may not exceed the federal threshold when using small
purchase procedures under a FEMA award. See 2 C.F.R. § 200.1 (citing the definition of
simplified acquisition threshold from 48 C.F.R. Part 2, Subpart 2.1).
See 2 C.F.R. §§ 200.216, 200.471, and Appendix 11 as well as section D.13.a of the NOFO
regarding prohibitions on covered telecommunications equipment or services.
b. Competition and Conflicts of Interest
Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal entities other
than states, in order to ensure objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements,
statements of work, or invitations for bids or requests for proposals must be excluded from
competing for such procurements. FEMA considers these actions to be an organizational
conflict of interest and interprets this restriction as applying to contractors that help a non-
federal entity develop its grant application,project plans, or project budget. This prohibition
also applies to the use of former employees to manage the grant or carry out a contract when
those former employees worked on such activities while they were employees of the non-
federal entity.
Under this prohibition, unless the non-federal entity solicits for and awards a contract
covering both development and execution of specifications (or similar elements as described
above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317 —200.327,
federal funds cannot be used to pay a contractor to carry out the work if that contractor also
worked on the development of those specifications. This rule applies to all contracts funded
with federal grant funds, including pre-award costs, such as grant writer fees, as well as post-
award costs, such as grant management fees.
Additionally, some of the situations considered to be restrictive of competition include, but
are not limited to:
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❑ Placing unreasonable requirements on firms for them to qualify to do business;
❑ Requiring unnecessary experience and excessive bonding;
❑ Noncompetitive pricing practices between firms or between affiliated companies;
❑ Noncompetitive contracts to consultants that are on retainer contracts;
❑ Organizational conflicts of interest;
❑ Specifying only a"brand name"product instead of allowing "an equal"product to be
offered and describing the performance or other relevant requirements of the
procurement; and
❑ Any arbitrary action in the procurement process.
Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements
in a manner that prohibits the use of statutorily or administratively imposed SLTT
geographical preferences in the evaluation of bids or proposals, except in those cases where
applicable federal statutes expressly mandate or encourage geographic preference. Nothing in
this section preempts state licensing laws. When contracting for architectural and engineering
services, geographic location may be a selection criterion provided its application leaves an
appropriate number of qualified firms, given the nature and size of the project, to compete for
the contract.
Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain
written standards of conduct covering conflicts of interest and governing the actions of their
employees engaged in the selection, award, and administration of contracts. No employee,
officer, or agent may participate in the selection, award, or administration of a contract
supported by a federal award if he or she has a real or apparent conflict of interest.
Such conflicts of interest would arise when the employee, officer or agent, any member of
his or her immediate family, his or her partner, or an organization that employs or is about to
employ any of the parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract. The officers, employees, and agents of
the non-federal entity may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts. However, non-federal entities
may set standards for situations in which the financial interest is not substantial, or the gift is
an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the
non-federal entity.
Under 2 C.F.R. 200.318(c)(2), if the recipient or subrecipient(other than states) has a parent,
affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government,
the non-federal entity must also maintain written standards of conduct covering
organizational conflicts of interest. In this context, organizational conflict of interest means
that because of a relationship with a parent company, affiliate, or subsidiary organization, the
non-federal entity is unable or appears to be unable to be impartial in conducting a
procurement action involving a related organization. The non-federal entity must disclose in
writing any potential conflicts of interest to FEMA or the pass-through entity in accordance
with applicable FEMA policy.
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c. Supply Schedules and Purchasing Programs
Generally, a non-federal entity may seek to procure goods or services from a federal supply
schedule, state supply schedule, or group purchasing agreement.
d. Prohibition on Use of Funds to Support or Oppose Union Organizing
A recipient or subrecipient may not use federal grant funds or funds used to meet a cost
share requirement to support or oppose union organizing. Using grant or cost share funds
to hire unionized workers does not constitute a violation of this prohibition on use of
funds to support or oppose union organizing.
I. GENERAL SERVICES ADMINISTRATION SCHEDULES
States, tribes, and local governments, and any instrumentality thereof(such as local
education agencies or institutions of higher education) may procure goods and services from
a General Services Administration (GSA) schedule. GSA offers multiple efficient and
effective procurement programs for state, tribal, and local governments, and instrumentalities
thereof, to purchase products and services directly from pre-vetted contractors. The GSA
Schedules (also referred to as the Multiple Award Schedules and the Federal Supply
Schedules) are long-term government-wide contracts with commercial firms that provide
access to millions of commercial products and services at volume discount pricing.
Information about GSA programs for states, tribes, and local governments, and
instrumentalities thereof, can be found at hops://www.gsa.gov/resources-for/programs-for-
State-and-loca❑governments and hops://www. ov/bum -sg elling/purchasin�4-
pro rg arras/gsa-schedules/schedule-buyers/state-and-loca❑governments.
For tribes, local governments, and their instrumentalities that purchase off of a GSA
schedule, this will satisfy the federal requirements for full and open competition provided
that the recipient follows the GSA ordering procedures; however, tribes, local governments,
and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317
—200.327, such as solicitation of minority businesses, women's business enterprises, small
businesses, or labor surplus area firms (§ 200.321), domestic preferences (§ 200.322),
contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and
Appendix II).
IL OTHER SUPPLY SCHEDULES AND PROGRAMS
For non-federal entities other than states, such as tribes, local governments, and nonprofits,
that want to procure goods or services from a state supply schedule, cooperative purchasing
program, or other similar program, in order for such procurements to be permissible under
federal requirements, the following must be true:
❑ The procurement of the original contract or purchasing schedule and its use by the
non-federal entity complies with state and local law, regulations, and written
procurement procedures;
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❑ The state or other entity that originally procured the original contract or purchasing
schedule entered into the contract or schedule with the express purpose of making it
available to the non-federal entity and other similar types of entities;
❑ The contract or purchasing schedule specifically allows for such use, and the work to
be performed for the non-federal entity falls within the scope of work under the
contract as to type, amount, and geography;
❑ The procurement of the original contract or purchasing schedule complied with all the
procurement standards applicable to a non-federal entity other than states under at 2
C.F.R. §§ 200.317 —200.327; and
❑ With respect to the use of a purchasing schedule, the non-federal entity must follow
ordering procedures that adhere to applicable state, tribal, and local laws and
regulations and the minimum requirements of full and open competition under 2
C.F.R. Part 200.
If a non-federal entity other than a state seeks to use a state supply schedule, cooperative
purchasing program, or other similar type of arrangement, FEMA recommends the recipient
discuss the procurement plans with its FEMA Regional Grants Management Specialist.
d. Procurement Documentation
Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to
maintain and retain records sufficient to detail the history of procurement covering at least
the rationale for the procurement method, selection of contract type, contractor selection or
rejection, and the basis for the contract price. States and territories are encouraged to
maintain and retain this information as well and are reminded that in order for any cost to be
allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).
Examples of the types of documents that would cover this information include but are not
limited to:
❑ Solicitation documentation, such as requests for quotes, invitations for bids, or
requests for proposals;
❑ Responses to solicitations, such as quotes, bids, or proposals;
❑ Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on
file for review by federal personnel, if applicable;
❑ Contract documents and amendments, including required contract provisions; and
❑ Other documents required by federal regulations applicable at the time a grant is
awarded to a recipient.
Additional information on required procurement records can be found on pages 24-26 of
the PRAT Field Manual.
7. Financial Assistance Programs for Infrastructure
a. Build America, Buy America Act
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Recipients and subrecipients must comply with the Build America, Buy America Act
(BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§
70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is
Made in All of America by All of America's Workers. See also Office of Management and
Budget(OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of
Buy America Preference in Federal Financial Assistance Programs for Infrastructure.
None of the funds provided under this program may be used for a project for infrastructure
unless the iron and steel, manufactured products, and construction materials used in that
infrastructure are produced in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished infrastructure
project but are not an integral part of the structure or permanently affixed to the infrastructure
proj ect.
To see whether a particular FEMA federal financial assistance program is considered an
infrastructure program and thus required to include a Buy America preference,please see
Programs and Definitions: Build America Buy America Act I FEMA.gov.
Waivers
When necessary, recipients (and subrecipients through their pass-through entity) may apply
for, and FEMA may grant, a waiver from these requirements. A waiver of the domestic
content procurement preference may be granted by the agency awarding official if FEMA
determines that:
a. Applying the domestic content procurement preference would be inconsistent with the
public interest.
b. The types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality.
c. The inclusion of iron, steel, manufactured products, or construction materials produced in
the United States will increase the cost of the overall project by more than 25%.
For FEMA awards, the process for requesting a waiver from the Buy America preference
requirements can be found on FEMA's website at: "Buy America" Preference in FEMA
Financial Assistance Programs for Infrastructure FEMA.gov.
Definitions
Construction materials: an article, material, or supply—other than an item primarily of iron
or steel; a manufactured product; cement and cementitious materials; aggregates such as
stone, sand, or gravel; or aggregate binding agents or additives that is or consists primarily
of non-ferrous metals,plastic and polymer-based products (including polyvinyl chloride,
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composite building materials, and polymers used in fiber optic cables), glass (including optic
glass), lumber,paint, and drywall.
Domestic content procurement preference: Means all iron and steel used in the project are
produced in the United States; the manufactured products used in the project are produced in
the United States; or the construction materials used in the project are produced in the United
States.
Federal financial assistance: Generally defined in 2 C.F.R. § 200.1 and includes all
expenditures by a federal agency to a non-federal entity for an infrastructure project, except
that it does not include expenditures for assistance authorities relating to major disasters or
emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency
declared under section 401 or 501, respectively, or pre and post disaster or emergency
response expenditures.
Infrastructure: infrastructure projects which serve a public function, including at a minimum,
the structures, facilities, and equipment for, in the United States, roads, highways, and
bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity
passenger and freight railroads; freight and intermodal facilities; airports; water systems,
including drinking water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real property; and structures,
facilities, and equipment that generate, transport, and distribute energy.
Produced in the United States means the following for:
• Iron and steel: All manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
• Manufactured products: The product was manufactured in the United States, and the
cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
• Construction Materials: All manufacturing processes for the construction material
occurred in the United States.
Project: is any activity related to the construction, alteration, maintenance, or repair of
infrastructure in the United States.
8. Record Retention
a. Record Retention Period
Financial records, supporting documents, statistical records, and all other non-Federal entity
records pertinent to a federal award generally must be maintained for at least three years
from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further, if the recipient
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does not submit a final FFR and the award is administratively closed, FEMA uses the date of
administrative closeout as the start of the general record retention period.
The record retention period may be longer than three years or have a different start date
in certain cases. These include:
❑ Records for real property and equipment acquired with Federal funds must be
retained for three years after final disposition of the property. See 2 C.F.R. §
200.334(c).
❑ If any litigation, claim, or audit is started before the expiration of the three-year
period, the records must be retained until all litigation, claims, or audit findings
involving the records have been resolved and final action taken. See 2 C.F.R. §
200.334(a).
❑ The record retention period will be extended if the non-federal entity is notified
in writing of the extension by FEMA, the cognizant or oversight agency for audit, or
the cognizant agency for indirect costs, or pass-through entity. See 2 C.F.R. §
200.334(b).
❑ Where FEMA requires recipients to report program income after the period of
performance ends, the program income record retention period begins at the end
of the recipient's fiscal year in which program income is earned. See 2 C.F.R. §
200.334(e).
❑ For indirect cost rate computations and proposals, cost allocation plans, or any similar
accounting computations of the rate at which a particular group of costs is chargeable
(such as computer usage chargeback rates or composite fringe benefit rates), the start
of the record retention period depends on whether the indirect cost rate documents
were submitted for negotiation. If the indirect cost rate documents were submitted
for negotiation, the record retention period begins from the date those
documents were submitted for negotiation. If indirect cost rate documents were not
submitted for negotiation, the record retention period begins at the end of the
recipient's fiscal year or other accounting period covered by that indirect cost
rate. See 2 C.F.R. § 200.334(f).
b. Types of Records to Retain
FEMA requires that non-federal entities maintain the following documentation for federally
funded purchases:
❑ Specifications
❑ Solicitations
❑ Competitive quotes or proposals
❑ Basis for selection decisions
❑ Purchase orders
❑ Contracts
❑ Invoices
❑ Cancelled checks
Non-federal entities should keep detailed records of all transactions involving the grant.
FEMA may at any time request copies of any relevant documentation and records, including
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purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2
C.F.R. §§ 200.318(i), 200.334, 200.337.
In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. §
200.403(g). Non-federal entities who fail to fully document all purchases may find their
expenditures questioned and subsequently disallowed.
9. Actions to Address Noncompliance
Non-federal entities receiving financial assistance funding from FEMA are required to
comply with requirements in the terms and conditions of their awards or subawards,
including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies.
Throughout the award lifecycle or even after an award has been closed, FEMA or the pass-
through entity may discover potential or actual noncompliance on the part of a recipient or
subrecipient. This potential or actual noncompliance may be discovered through routine
monitoring, audits, closeout, or reporting from various sources.
In the case of any potential or actual noncompliance, FEMA may place special conditions on
an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the
matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do
both. Similar remedies for noncompliance with certain federal civil rights laws are authorized
pursuant to 44 C.F.R. Parts 7 and 19.
In the event the noncompliance is not able to be corrected by imposing additional conditions
or the recipient or subrecipient refuses to correct the matter, FEMA might take other
remedies allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow
costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and
debarment proceedings, withhold further federal awards, or take other remedies that may be
legally available. For further information on termination due to noncompliance, see the
section on Termination Provisions in the NOFO.
FEMA may discover and take action on noncompliance even after an award has been closed.
The closeout of an award does not affect FEMA's right to disallow costs and recover funds
as long the action to disallow costs takes place during the record retention period. See 2
C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal
entity to return any funds due as a result of later refunds, corrections, or other transactions. 2
C.F.R. § 200.345(a)(2).
The types of funds FEMA might attempt to recover include, but are not limited to, improper
payments, cost share reimbursements, program income, interest earned on advance payments,
or equipment disposition amounts.
FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a
Remedy Notification, or other letter. The document will describe the potential amount owed,
the reason why FEMA is recovering the funds, the recipient's appeal rights, how the amount
can be paid, and the consequences for not appealing or paying the amount by the deadline.
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If the recipient neither appeals nor pays the amount by the deadline, the amount owed will
become final. Potential consequences if the debt is not paid in full or otherwise resolved by
the deadline include the assessment of interest, administrative fees, and penalty charges;
administratively offsetting the debt against other payable federal funds; and transferring the
debt to the U.S. Department of the Treasury for collection.
FEMA notes the following common areas of noncompliance for FEMA's grant programs:
❑ Insufficient documentation and lack of record retention.
❑ Failure to follow the procurement under grants requirements.
❑ Failure to submit closeout documents in a timely manner.
❑ Failure to follow EHP requirements.
❑ Failure to comply with the POP deadline.
An eligible applicant, subapplicant, recipient, or subrecipient may request an appeal of a
remedy FEMA has taken for noncompliance with federal statutes, regulations, or the terms
and conditions of the award that results in suspension or termination of all or part of the
award. The appeal must be submitted according to the following procedures:
• For remedies FEMA has taken for noncompliance, the appeal must contain
documented justification supporting the appellant's position, specify the monetary
figure in dispute, and identify the provisions in federal law, regulation, or policy with
which the appellant believes the initial action was inconsistent.
The applicant, subapplicant, recipient, or subrecipient will be notified in writing of the
disposition of the appeal or the need for additional information. All appeal decisions are
final.
10. Audits
FEMA grant recipients are subject to audit oversight from multiple entities including the
DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits,
and may cover activities and costs incurred under the award. Auditing agencies such as the
DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight
capacity, must have access to records pertaining to the FEMA award. Recipients and
subrecipients must retain award documents for at least three years from the date the final
FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. §
200.334. In the case of administrative closeout, documents must be retained for at least three
years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334.
If documents are retained longer than the required retention period, the DHS OIG, the GAO,
and the pass-through entity, as well as FEMA in its oversight capacity, have the right to
access these records as well. See 2 C.F.R. §§ 200.334, 200.337.
Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R.
Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that
expend $750,000 or more in federal awards during their fiscal year must have a single or
program-specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. §
200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA
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funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal
entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the
proper procurement procedures. For additional information on single audit reporting
requirements, see section F of this NOFO under the header "Single Audit Report"within the
subsection "Additional Reporting Requirements".
The objectives of single audits are to:
❑ Determine if financial statements conform to generally accepted accounting
principles (GAAP);
❑ Determine whether the schedule of expenditures of federal awards is presented fairly;
❑ Understand, assess, and test the adequacy of internal controls for compliance with
major programs; and
❑ Determine if the entity complied with applicable laws, regulations, and contracts or
grants.
For single audits, the auditee is required to prepare financial statements reflecting its
financial position, a schedule of federal award expenditures, and a summary of the status of
prior audit findings and questioned costs. The auditee also is required to follow up and take
appropriate corrective actions on new and previously issued but not yet addressed audit
findings. The auditee must prepare a corrective action plan to address the new audit findings.
2 C.F.R. §§ 200.508, 200.510, 200.511.
Non-federal entities must have an audit conducted, either single or program-specific, of their
financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. §
200.504. Non-federal entities must also follow the information submission requirements of 2
C.F.R. § 200.512, including submitting the audit information to the Federal Audit
Clearinghouse within the earlier of 30 calendar days after receipt of the auditor's report(s) or
nine months after the end of the audit period. The audit information to be submitted include
the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part
200 as well as the reporting package described at 2 C.F.R. § 200.512(b).
The non-federal entity must retain one copy of the data collection form and one copy of the
reporting package for three years from the date of submission to the Federal Audit
Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for
retention of documents by the auditor and access to audit records in the auditor's possession).
FEMA, the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of
monitoring or as part of an audit, may review a non-federal entity's compliance with the
single audit requirements. In cases of continued inability or unwillingness to have an audit
conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through
entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. §
200.339 for noncompliance,pursuant to 2 C.F.R. § 200.505.
11. Payment Information
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FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to
recipients.
Payment requests are submitted through FEMA GO.
12. Whole Community Preparedness
Preparedness is a shared responsibility that calls for the involvement of everyone not just
the government—in preparedness efforts. By working together, everyone can help keep the
nation safe from harm and help keep it resilient when struck by hazards, such as natural
disasters, acts of terrorism, and pandemics.
Whole Community includes:
❑ Individuals and families, including those with access and functional needs
❑ Businesses
❑ Faith-based and community organizations
❑ Nonprofit groups
❑ Schools and academia
❑ Media outlets
❑ All levels of government, including state, local, tribal, territorial, and federal partners
The phrase "Whole Community" often appears in preparedness materials, as it is one of the
guiding principles. It means two things:
1. Involving people in the development of national preparedness documents.
2. Ensuring their roles and responsibilities are reflected in the content of the materials.
13. Extraordinary Circumstances
Applicants and Subapplicants must have a FEMA-approved current mitigation plan at the
time of application deadline and at the time of the award to receive FMA project subawards;
hazard mitigation plans that are approvable pending adoption are not sufficient. The FEMA
Regional Administrator may grant an exception to the plan requirements in extraordinary
circumstances when the appropriate justification is provided. For FMA, Subapplicants are
exempt from the hazard mitigation plan requirement for the mitigation plan development and
mitigation plan updates in Capability and Capacity Building Activities types only.
Extraordinary circumstances exist when FEMA or the applicant determine that the proposed
project is consistent with the priorities and strategies identified in the state or Tribal (standard
or enhanced) mitigation plan and that the jurisdiction meets at least one of the criteria below:
• The jurisdiction meets the small and impoverished communities as defined in 44
C.F.R. 201.2.
• The jurisdiction has been determined to have had insufficient capacity because of lack
of available assistance, staffing or other necessary expertise to satisfy the mitigation
planning requirement prior to the current disaster or application deadline.
• The jurisdiction experienced significant disruption from a declared disaster or another
event that impacts its ability to complete the mitigation planning process prior to
award or final approval of a project award.
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• The jurisdiction does not have a mitigation plan for reasons beyond the control of the
state, federally recognized Tribal government or local community, such as Disaster
Relief Fund restrictions, that delay FEMA from granting a subaward prior to the
expiration of the local or Tribal mitigation plan.
The applicant must provide written justification that identifies the specific criteria from the
above list and explains why the jurisdiction will be able to have a plan both approved by
FEMA and adopted by the jurisdiction within 12 months. The justification must identify the
specific actions or circumstances that have eliminated or will eliminate the deficiency that
prevented the jurisdiction from previously having an approved plan. The justification must
clearly demonstrate how the above circumstances impacted the community beyond just
stating the above circumstances.
If FEMA grants an extraordinary circumstances exception, a local or Tribal mitigation plan
must be approved by FEMA within 12 months of the award of the project subaward to that
community. The recipient must acknowledge in writing to the Regional Administrator that
the jurisdiction will complete a plan within 12 months of the subaward. The recipient must
provide a Compliance Action Plan for completing the local or Tribal mitigation plan,
including milestones and a timetable, to ensure the jurisdiction will complete the plan in the
required time. This requirement must be incorporated into the award(both the planning and
project subaward agreements if a planning subaward is also awarded). If a plan is not
provided within this time frame, the project subaward will be terminated, and any costs
incurred after notice of subaward termination will not be reimbursed by FEMA. FEMA must
notify the recipient of the subaward termination. For more information on award termination,
refer to Part 8 of the 2023 Hazard Mitigation Assistance Program and Polices.
If the mitigation plan is not approved by FEMA within 12 months of the award, and if the
subaward also involved a mitigation planning award, FEMA should notify the recipient of its
failure to meet the additional specific award or subaward conditions and request that the issue
be corrected following remedies for non-compliance procedures in Part 8 of the 2023 Hazard
Mitigation Assistance Program and Policy Guide. If compliance cannot be achieved, FEMA
will apply a remedy action to the planning subaward to address the non-compliance and may,
as a result, withhold assistance, recoup assistance, suspend or terminate the planning
subaward.
14. Phased Projects
In general, sufficient technical information is provided by the applicant or subapplicant to
allow FEMA to make an eligibility determination on a subapplication. The costs to obtain
this information are generally eligible as pre-award costs. However, in some cases it is
beyond the subapplicant's technical and financial resources to provide the complete technical
information required for a full eligibility or EHP review of a complex project. The applicant
and FEMA may provide technical assistance to the subapplicant to develop this complete
body of technical data by approving a subapplication to finalize Phase I analysis and design,
conduct applicable engineering studies, prepare a Benefit-Cost Analysis (BCA), and provide
documentation for an EHP review. The Phase I deliverables provide FEMA with a technical
body of information mutually concurred on by the subrecipient, the recipient, and FEMA to
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determine project eligibility, technical feasibility, and cost effectiveness. If the results of the
Phase I review indicate that the project meets FMA requirements, the project would then be
eligible for funding for construction under a Phase II approval. Phase I funding is part of the
project's total estimated cost and is subject to FMA cost-share requirements.
The use of a phased approach should be limited to complex projects (i.e., Localized Flood
Risk Reduction Project) that require technical or EHP data beyond the scope of that generally
required for a typical FMA activity or project. The following provides guidelines and
outlines the process for selecting projects for Phase I/Phase II project approval.
a. Pre-screening Process
The subapplicant must submit documentation showing the project meets the following
criteria for a Phase I approval:
• State or Tribal(Standard or Enhanced) Mitigation Plan: The proposed project
must be consistent with the State or Tribal (Standard or Enhanced) Mitigation
Plan as well as the local or Tribal Mitigation Plan for the jurisdiction in which
the activity is located.
• Justification for Selection of the Proposed Project: Justification must be
provided for the selection of the proposed solution after consideration of at least
two alternative options.
• Potential Cost-Effectiveness: The project demonstrates potential cost-
effectiveness based on a preliminary assessment of anticipated project benefits
and cost. The subapplicant must be aware that this preliminary assessment is
solely for the purpose of the Phase I pre-screening process and is not the final
cost-effectiveness determination. A preliminary BCA is required at the time of
application. This requirement does not apply to a small and impoverished
communities as defined in 44 C.F.R. 201.2., federally recognized Tribal
government, or subapplication that benefits or primarily benefits a Community
Disaster Resilience Zone, where the subapplicant is unable to calculate a BCR to
demonstrate cost-effectiveness as stated in Section D.I La
• EHP Review: The Phase I review generally is categorically excluded from
further review under NEPA with some exceptions. EHP Phase I review should
identify any potential EHP compliance issues and information needs required for
Phase II review.
• Relevant Technical Data: The subapplicant provides available technical data
such as existing or preliminary hydrologic and hydraulic data or preliminary
geotechnical data, as appropriate.
b. Phase I Award
The applicant and FEMA may approve projects meeting the above requirements for technical
assistance under a Phase I award. FEMA and the applicant will coordinate closely to ensure
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mutual concurrence on all data and technical information as well as any conditions included
in the Phase I Award as the Phase I technical review process proceeds. The following
conditions must be met through the Phase 1 deliverables prior to progressing to Phase 11:
• Relevant Technical Data: The applicant and FEMA will review technical data
such as hydrologic and hydraulic, environmental, and geotechnical studies
provided by the subapplicant, as appropriate.
• Preliminary Engineering Design: Based on the technical data, the subapplicant
develops a preliminary engineering design and layout and cost estimates with ad
hoc technical assistance from the applicant and FEMA.
• Milestones: As available, the subapplicant must provide clear milestones
(including those that will have Go/No Go criteria for competition projects) and
proposed timelines, and a list of potential final deliverables.
• EO 11988, as amended by EO 13690: If applicable, based on the technical data
and revised engineering design, the project must demonstrate compliance with
floodplain management requirements under this EO. If a Flood Insurance Rate
Map (FIRM) amendment or revision will be necessary under the provisions of
the National Flood Insurance Program (NFIP), the applicant and FEMA will
provide the subapplicant with technical assistance to meet this requirement.
• Refinement of the Cost-Effectiveness Assessment: Based on the revised design
and cost estimates, the applicant and FEMA will refine the preliminary
assessment of cost-effectiveness conducted prior to Phase I approval. This will
result in a final BCR to evaluate the project's cost-effectiveness, which will
include all the project costs, including those associated with Phase I.
• EHP Review: The applicant and FEMA will conduct a review of the revised
project design to ensure EHP compliance. The project will meet EHP
requirements before Phase II approval.
• Note that eligible activities under a Phase I award are defined in the award
package and are based on the submitted and reviewed Phase I scope of work. A
complete and eligible Phase 11 application, including environmental
consultations, demonstration of technical feasibility, and an updated benefit-cost
analysis, must be submitted to and approved by FEMA prior to the initiation of
any tasks not included in the approved Phase I scope of work.
c. Phase II Award Amendment - Construction Process
If the project is determined to be eligible, technically feasible, cost effective, and compliant
with EHP requirements under the technical review of Phase I deliverables, the project may
then be approved for construction under Phase II.
Additional federal funds may be approved in Phase II, subject to the availability of funds.
In general, a contractor who develops the HMA grant application project specifications or is
contracted to provide direct assistance with the completion and submission of a grant
application, is generally prohibited from competing for the related construction work See 2
CFR § 200.319(b) and subsection H.7.b: Procurement Integrity: Competition and Conflicts of
interest of this NOFO.
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15. Integrating Hazard Mitigation and Planning
In addition, SLTTs are encouraged, but not required, to pursue hazard mitigation planning
and projects with co-benefits that advance shared outcomes for economic, environmental,
and social resilience.
Alignment with SLTT planning mechanisms (economic development, housing,
comprehensive plans, transportation plans, building codes, floodplain ordinances, etc.) by
and vice versa is vital to build safer, more resilient, equitable communities. This two-way
exchange of hazard mitigation principles, risk and vulnerability assessments, and mitigation
strategies supports community-wide risk reduction, both before and after disasters occur. Not
only will SLTT planning efforts be better integrated, but by going through this process there
is a higher level of interagency coordination, which is just as important as the planning
mechanisms. Additional information on Plan Integration can be found at Implement,
Integrate and Maintain Mitigation Planning Activities I FEA✓IA.goy, Guides to Expanding
Miti atg ion FEMA.gov, and hops://planning.org/nationalcenters/hazards/.
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October 13, 2023
FLOOD MITIGATION ASSISTANCE GRANT PROGRAM
2023 NOTICE OF FUNDING OPPORTUNITY
Open Application Period for the Flood Mitigation Assistance Program
Begins October 16, 2023
The Federal Emergency Management Agency (FEMA) has announced the opening of the FY
2023 Application Period for the Flood Mitigation Assistance (FMA) program. FEMA's Notice of
Funding Opportunity (NOFO) is attached and can be found at www.grants.gov.
The Florida Division of Emergency Management (FDEM) is accepting eligible subapplications
for the FMA program from entities that submitted a Notice of Interest (NOI) form by FDEM's
deadline (August 31, 2023, 5:00 p.m. EDT) for an eligible project. All subapplications must be
submitted to FDEM via the FEMA GO application system on or before December 1, 2023 by
5:00 PM EST. Only complete subapplications will be accepted and reviewed.
Detailed information regarding the FMA program and application development can be found at
https://www.floridadisaster.org/dem/mitigation/flood-mitigation-assistance-program/ and
https://www.fema.gov/qrants/mitigation/floods.
For information on training and resources on FEMA's grant application system (FEMA GO),
please visit FEMA's website at https://www.fema.gov/qrants/guidance-tools/fema-go or contact
the FEMA GO Helpdesk at 1-877-611-4700 or via e-mail at FEMAGO(a-)-fema.dhs.gov. For
access to FEMA GO, please refer to the attached FEMA GO Registration Guidance and FEMA
GO User Manual for Subapplication Development.
PLEASE NOTE: ALL PROPERTY OWNERS MUST CONTACT THEIR LOCAL GOVERNMENT
TO APPLY AND HAVE AN ACTIVE NFIP FLOOD INSURANCE POLICY IN
EFFECT ON OR BEFORE OCTOBER 16, 2023.
Contact: If you have any questions about this program, please contact the Non-Disaster
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Attachments:
FY 2023 Flood Mitigation Assistance Notice of Funding Opportunity
FEMA GO Registration Guidance
FEMA GO User Manual for Subapplication Development
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