Item F9 F9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: F9
2023-2166
BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Mike Lalbachan
9:OOAM
AGENDA ITEM WORDING:
Approval to submit FY 2023 "Flood Mitigation Assistance (FMA) Swift Current" applications for
Residential Elevation and Mitigation Reconstruction projects of approximately 11 privately owned
properties with an estimated budget amount of $3,930,208.00 with homeowners providing the local
match amount.
ITEM BACKGROUND:
The Department of Homeland Security(DHS) announced the availability of funding opportunities for
the FY 2023 Flood Mitigation Assistance Swift Current to states, U.S territories, federally recognized
Tribal government and local government 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 by providing funding for mitigation opportunities immediately
after a flood disaster event with the aim of delivering mitigation outcomes as quickly as possible.
This differs from the existing FMA grant opportunity, which has an annual grant cycle that funds a
broader range of flood mitigation activities, which includes Capability and Capacity Building Activities,
Localized Flood Risk Reduction Projects and Individual Flood Mitigation Projects, through a
competitive selection process. FMA Swift Current aims to streamline funding through disaster
declaration and flood insurance claims-based eligibility criteria, minimized application periods, and
narrowed project type eligibility to Individual Flood Mitigation Projects that are Severe Repetitive Loss,
Repetitive Loss and Substantially Damaged.
For this announcement, FEMA allocated $300,000,000.00 for Individual Flood Mitigation Projects.
Staff received mitigation applications during the FY2022 and FY 2023 Flood Mitigation Assistance
(FMA) grant cycles from property owners Countywide including incorporated cities and unincorporated
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Monroe County. Some of the applications received in these years are Severe Repetitive and Repetitive
Loss Structures, as a result, staff will submit the applications that meet the program requirement of,
"Properties included in Individual Flood Mitigation Project sub-applications must be FMA and/or NFIP
defined SRL properties, RL properties, or properties that were deemed Substantially Damaged after the
applicant's disaster declaration date".
Staff will submit three (3) residential mitigation reconstruction properties with a total budget of
$1,351,854.00 and nine(9)residential elevation properties with a total budget of$2,578,354.00.
The Florida Division of Emergency Management(FDEM)will be participating in the FMA Swift
Current grant program. All sub-applications must be submitted to FDEM via the eGrants application
system on or before March 15, 2024, at 5:00 p.m., Eastern Daylight Time (EDT).
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 a homeowner agreement with each owner, to assist homeowners 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.
On July 19, 2023, Monroe County BOCC granted approval to submit applications for mitigation
reconstruction and residential elevation for 34 privately owned properties under Hurricane Nicole
(FEMA-4680-DR-FL).
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
2074
DOCUMENTATION:
FDEM—FY—2023—FMA—Swift—Current_Application—Period—Announcement(002).pdf
FY-2023—Swift—Current—NOFO_final.pdf
FINANCIAL IMPACT:
N/A
2075
MITIGATION GRANT FUNDING
.........................................111111..........1,11 MENEM=
Flood Mitigation Assistance Swift Current Grant Program
2023 Notice of Funding Opportunity
The FY 2023 Application Period is open for Flood Mitigation Assistance (FMA) Swift Current
program, under the Federal Emergency Management Agency (FEMA). FEMA's Notice of
Funding Opportunity (NOFO) is attached and can be found at www.grants.gov.
The Florida Division of Emergency Management (FDEM) will be participating in the FMA Swift
Current grant program. All subapplications must be submitted to FDEM via the eGrants
application system on or before March 15, 2024, at 5.00 p.m., Eastern Daylight Time (EDT).
Only complete subapplications will be accepted and reviewed. More information about how to
register in eGrants is attached. It is encouraged to register in eGrants as early as possible.
Additional resources can be found on the II:::::I::::Y1:::::::I ..................._eN ii c:�.....��. ii.�:�.:.._��..u�.Irirc:.!!�:.....Il1::::1. ..ge, including minimum
programmatic, engineering, and environmental and historic preservation (EHP) requirements for
elevation, acquisition, and mitigation reconstruction projects.
Subapplication - . .
March 15, 2024, 00 p.m. Eastern Daylight Time (EDT) in eGrants
FMA Swift Current Objectives:
The purpose of FMA Swift Current is to reduce or eliminate the flood risk of repetitive flood
damage to structures and buildings insured by the National Flood Insurance Program (NFIP)
following a flood-related disaster event, and to enhance community flood resilience within NFIP-
participating communities.
FMA Swift Current Priorities:
FMA Swift Current funds Individual Flood Mitigation Projects (Residential Mitigation) for the
following:
• Repetitive Loss (RL)
• Severe Repetitive Loss (SRL)
• Properties deemed Substantially Damaged (after the applicant's disaster declaration date
—August 31, 2023)
Definitions for these terms can be found in the NOFO in Section C (Eligibility Information),
Subsection 4 (Cost Share and Match).
PLEASE NOTE: All property owners must contact their local government to apply. All property
owners must have had an active NFIP Flood Insurance Policy in effect on or before December
15, 2023 to be eligible for this funding opportunity.
Contact: If you have any questions about this program, please contact us at
,i'rftC a ir�ir e in t ur m,ur m , III„,„i iii, ounr
2076
MITIGATION GRANT FUNDING
.........................................111111..........I'll MENEM=
Attachments:
FY 2023 FMA Swift Current Notice of Funding Opportunity
eGrants Subapplication Process & Registration Guidance
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliIIIIIIIIIIIIIIIIIIIIIIl111111111111111111111111li
2077
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year 2023 Flood Mitigation Assistance Swift Current
SUMMARY OVERVIEW OF KEY INFORMATION
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) FLOOD
MITIGATION ASSISTANCE FMA SWIFT CURRENT
Program Fiscal Year 2023 Flood Mitigation Assistance (FMA) Swift Current
Overview aims to better align the delivery of FMA flood mitigation funding to the
disaster survivor experience.
The FMA grant program makes federal funds available to states, U.S.
territories, federally recognized Tribal governments,I 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.
Goals and The purpose of FMA Swift Current is to reduce or eliminate the flood
Objective risk to NFIP-participating communities and repetitive flood damage to
structures and buildings insured by the NFIP following a flood-related
disaster event, and to enhance community flood resilience within NFIP-
participating communities. It does so by providing funding for
mitigation opportunities immediately after a flood disaster event with
the aim of delivering mitigation outcomes as quickly as possible.
This differs from the existing FMA grant opportunity, which has an
annual grant cycle that funds a broader range of flood mitigation
activities, which includes Capability and Capacity Building Activities,
Localized Flood Risk Reduction Projects and Individual Flood
Mitigation Projects, through a competitive selection process. FMA
Swift Current aims to streamline funding through disaster declaration
and flood insurance claims based eligibility criteria, minimized
application periods, and narrowed project type eligibility to Individual
The term"federally recognized Tribal government,"as used in this notice of 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).
FY 2023 FMA Swift Current NOFO Back to the Top
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2
Flood Mitigation Projects that are Severe Repetitive Loss, Repetitive
Loss and Substantially Damaged.
Eligible Projects The FMA Swift Current grant opportunity funds activities under
Individual Flood Mitigation Projects.
Deadlines NOFO Availability Window Start Date: 11/15/2023
NOFO Availability Window End Date: 1/15/2025
Disaster Declaration Deadline: 5/31/2024
Applicant Eligibility Period Start Date: Varies by applicant and
dependent on disaster declaration date
Application Submission Deadline: Varies by applicant; typically 120
calendar days after the applicant's eligibility period start date at
03:00:00 PM ET
Funding Amount Available Funding for the NOFO: $300,000,000 for Individual Flood
Mitigation Projects
Eligible • States
Applicants . District of Columbia
• U.S. territories
• Federally recognized Tribal governments
Cost Share 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:Hsam.goy/content/entily-registration.
Grants.gov registration information can be found at:
hLtps://www.grants.gov/web/grants/register.html.
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).
FY 2023 FMA Swift Current NOFO Back to the Top
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Additional Information can be found on Grants.gov:
hqps://www.grants.gov/web/grants/fon-ns/planned-uei-updates.htinl
Table of Contents
A. Program Description................................................................................................................. 5
1. Issued By.......................................................................................................................... 5
2. Assistance Listings Number ............................................................................................ 5
3. Assistance Listings Title.................................................................................................. 5
4. Funding Opportunity Title............................................................................................... 5
5. Funding Opportunity Number.......................................................................................... 5
6. Authorizing Authority for Program ................................................................................. 5
7. Appropriation Authority for Program.............................................................................. 5
8. Announcement Type........................................................................................................ 5
9. Program Category ............................................................................................................ 5
10. Program Overview, Objectives, and Priorities ................................................................ 5
11. Performance Measures..................................................................................................... 8
B. Federal Award Information....................................................................................................... 8
1. Available Funding for the NOFO: $300 million.......................................................... 9
2. Projected Number of Awards: Variable.................................................................... 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 from date of award unless
otherwiseapproved 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................................................................................................ 13
4. Cost Share or Match....................................................................................................... 16
D. Application and Submission Information............................................................................... 19
1. Key Dates and Times..................................................................................................... 19
2. Agreeing to Terms and Conditions of the Award.......................................................... 21
3. Address to Request Application Package...................................................................... 21
4. Requirements: Obtain a Unique Entity Identifier(UEI) and Register in the System for
AwardManagement(SAM) .......................................................................................... 21
5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award
Management(SAM), and Submit an Application ......................................................... 21
6. Electronic Delivery ........................................................................................................ 22
7. How to Register to Apply.............................................................................................. 22
8. Submitting the Application in MT eGrants ................................................................... 24
9. Timely Receipt Requirements and Proof of Timely Submission.................................. 25
10. Content and Form of Application Submission............................................................... 25
11. Other Submission Requirements.................................................................................... 27
12. Intergovernmental Review............................................................................................. 29
13. Funding Restrictions and Allowable Costs.................................................................... 30
FY 2023 FNM Swift Current NOFO Back to the Top
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E. Application Review Information............................................................................................. 34
1. Application Evaluation Criteria..................................................................................... 34
2. Review and Selection Process ....................................................................................... 36
F. Federal Award Administration Information............................................................................ 38
1. Notice of Award............................................................................................................. 38
2. Administrative and National Policy Requirements........................................................ 39
3. Reporting........................................................................................................................ 42
4. Monitoring and Oversight.............................................................................................. 45
G. DHS Awarding Agency Contact Information......................................................................... 46
1. Contact and Resource Information ................................................................................ 47
2. Systems Information...................................................................................................... 48
H. Additional Information ........................................................................................................... 48
1. Termination Provisions.................................................................................................. 48
2. Program Evaluation ....................................................................................................... 49
3. Period of Performance Extensions................................................................................. 49
4. Disability Integration..................................................................................................... 50
5. Conflicts of Interest in the Administration of Federal Awards or Subawards............... 51
6. Procurement Integrity .................................................................................................... 52
7. FEMA Financial Assistance Programs for Infrastructure Build America, Buy America
Act.................................................................................................................................. 56
8. Record Retention ........................................................................................................... 58
9. Actions to Address Noncompliance............................................................................... 59
10. Audits............................................................................................................................. 61
11. Payment Information ..................................................................................................... 62
12. Whole Community Preparedness................................................................................... 62
13. Extraordinary Circumstances......................................................................................... 63
14. Integrating Mitigation and Planning.............................................................................. 64
FY 2023 FMA Swift Current NOFO Back to the Top
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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 Swift Current(FMA Swift Current)
5. Funding Opportunity Number
DHS-23-MT-029-000-99
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)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
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 so with a recognition of the growing flood hazards associated with
3 The term"federally recognized Tribal government,"as used in this NOFO,has the same meaning as"Indian Tribal
government,"as defined at 44 C.F.R. §77.2(f).
FY 2023 FMA Swift Current NOFO Back to the Top
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6
climate change,4 anticipated growth of damage and repetitive losses due to flood, 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 as well
as chronic stressors that have been observed and are expected to increase in the future.
FY 2023 FMA Swift Current aims to better align the delivery of FMA flood mitigation
funding to the disaster survivor experience. In FY 2023, funds will be made available on a
rolling basis to states, territories, and federally recognized Tribal governments that receive a
major disaster declaration for a flood-related disaster event and meet all other eligibility
criteria. (Refer to Section C.1, Eligible Applicants). Flood-related disasters include coastal
storms, hurricanes, remnants of hurricanes, and floods. Eligible activities in FMA Swift
Current are Individual Flood Mitigation Projects, for example, structure elevation,property
acquisition and structure demolition/relocation, dry floodproofing, and mitigation
reconstruction. FMA Swift Current aims to streamline funding through disaster declaration
and flood insurance claims based eligibility criteria, minimized application periods, and
narrowed project type eligibility to Individual Flood Mitigation Projects that are Severe
Repetitive Loss, Repetitive Loss and Substantially Damaged. This differs from the existing
FMA grant opportunity, which has an annual grant cycle that funds a broader range of flood
mitigation activities, which includes Capability and Capacity Building Activities, Localized
Flood Risk Reduction Projects and Individual Flood Mitigation Projects through a
competitive selection process.
FEMA is offering tailored pre-application support to FMA Swift Current applicants and
subapplicants for subapplication development. For more information about FMA Swift
Current tailored pre-application support, contact your State Hazard Mitigation Officers,
FEMA Regional Office, or Regional Tribal Liaison. Contact information can be found on the
FEMA website at State Hazard Mitigation Officers t.FEMA.goy and
hLtps://www.fema.gov/fema-regional-contacts.
FMA Swift Current aligns with the 2020-2024 DHS Strategic 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
Swift Current 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 projects,particularly ones that reduce risk to
NFIP-insured structures. Additionally, FMA Swift Current's tailored pre-application support
also contributes to other sub-objectives. It helps improve awareness initiatives to encourage
public action to increase preparedness (Sub-Objective 5.1.2), uses 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 coordinates and guide continuity of
operations activities through partnerships with government and non-government stakeholders
4 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)
FY 2023 FMA Swift Current NOFO Back to the Top
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(Sub-Objective 5.1.5).
The 2022-2026 FEMA Strate ' j 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 with funds
appropriated by the Infrastructure Investment and Jobs Act(ILIA)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.
The 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 FMA Swift Current is to reduce or eliminate the flood risk of repetitive flood
damage to structures and buildings insured by the NFIP following a flood-related disaster
event, and to enhance community flood resilience within NFIP-participating communities.
c. Priorities
FMA Swift Current funds Individual Flood Mitigation Projects for Repetitive Loss (RL),
Severe Repetitive Loss (SRL), or properties deemed Substantially Damaged after the
applicant's disaster declaration date. (Definitions for these terms can be found in Section C
Eligibility Information, Cost Share and Match of this funding opportunity).
In addition, FMA Swift Current aims to incentivize flood mitigation projects that will
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 discussed in Executive Order(EO) 14008: Tackling
Climate Crisis at Home and Abroad. In implementing the Administration's Justice40
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Initiative, established in EO 14008 and discussed in subsequent guidance, FMA Swift
Current will be identifying a disadvantaged community, also referred to as a Justice40
community, using the Climate and Economic Justice Screening Tool (CEJST). Communities
are considered disadvantaged communities 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. Further, all eligible Federally
Recognized Tribes or Tribal entities are Justice40 communities (whether or not they have
land). 5In addition, census tracts that are completely surrounded by disadvantaged
communities, as described above, 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
hLtps:Hscreeningtool.geoplatform.gov,
11. Performance Measures
The following key performance indicators provide strategic and relevant information to
decisionmakers and stakeholders about FMA Swift Current'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 properties deemed
Substantially Damaged after the applicant's disaster declaration date.
• Total federal cost share funding invested in or benefiting Justice40 Communities
identified using version 1.0 of the Climate and Economic Justice Screening Tool
LCLLia
• Number of State, Local, Tribal, and Territorial Governments (SLTTs)that attended
tailored pre-application support and outreach activities hosted by FEMA.
• Timeliness of obligation from the disaster declaration date.
• Total dollar amount of flood losses avoided in projects or communities funded by
FMA Swift Current 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
' See also M-23-09,available at hUps://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-
09 Signed CEQ CPO.pd .
FY 2023 FMA Swift Current NOFO Back to the Top
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1. Available Funding for the NOFO: $300 million
FEMA will accept FY 2023 FMA Swift Current applications from November 15, 2023 until
January 15, 2025 for applicants that receive a major disaster declaration for a flood-related
disaster event between June 1, 2023 (backdated) and May 31, 2024 and meets the specified
claims criterion. This is called the FMA Swift Current availability window.
During the FMA Swift Current availability window, the applicant's eligibility period begins
30 days after the applicant both receives a major disaster declaration for a flood-related
disaster event between June 1, 2023 (backdated) and May 31, 2024 and meets the specified
claims criterion. The eligibility period refers to the time that the applicant may submit
subapplications to FMA Swift Current. The eligibility period start date will vary by
applicant. Generally, the eligibility period is 120 calendar days. Upon FMA Swift Current
activation, the application deadline date will be provided to the applicant. However, if the
applicant has more than $1 million prior flood insurance claims in the previous year and the
declared disaster results in 500 or more flood insurance claims for the applicant, their
eligibility period is 150 calendar days. At the start of an applicant's eligibility period, FEMA
will determine an allocation for that applicant(see Section B.l.a. Applicant Allocation
below) Applicants must meet all other eligibility criteria to be eligible for FMA Swift
Current funds.
An applicant and their subapplicants develop and submit subapplications to FEMA during
the applicant's eligibility period. At the end of the applicant's eligibility period, the
applicant's allocation will expire. Subapplications will be reviewed and awarded on a rolling
basis, so subapplicants are also encouraged to submit their subapplications as soon as
possible to expedite obligation.
Any remaining unused funds by an applicant after the applicant's eligibility period ends will
be returned to the FY 2023 FMA Swift Current available funds.
FEMA will distribute the available FY 2023 FMA Swift Current funding amount and federal
activity caps as follows until the total available funding amount is exhausted:
a. Applicant Allocation Variable up to $10 million or
up to $20 million or
up to $40 million or
up to $5 million
• The applicant allocation may be used for Individual Flood Mitigation Projects that
mitigate the risk of flooding to NFIP-insured structures that are NFIP defined or FMA
defined SRL or RL structures or are structures that have been deemed Substantially
Damaged after the applicant's disaster declaration date.
• The applicant allocation determination may be up to $10 million, $20 million, or up
to $40 million, or up to $5 million. All allocations require the applicants to have a
major disaster declaration for a flood-related event between June 1, 2023 and May 31,
2024.
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o If the applicant has at least$1 million in prior NFIP flood insurance claims
from June 1, 2022 to the disaster declaration date, the applicant receives an
allocation up to $10 million.
o If the applicant receives 500 or more NFIP flood insurance claims in the
declared disaster, the applicant receives an allocation up to $10 million.
o If the applicant has at least$5 million in prior NFIP flood insurance claims
from June 1, 2022 to the disaster declaration date, the applicant receives an
allocation up to $20 million.
o If the applicant both has at least$1 million in prior NFIP flood insurance
claims from June 1, 2022 to the disaster declaration date AND receives 500 or
more NFIP flood insurance claims in the declared disaster, the applicant
receives an allocation up to $20 million.
o If the applicant both has at least$5 million in prior NFIP flood insurance
claims from June 1, 2022 to the disaster declaration date AND receives 500 or
more NFIP flood insurance claims in the declared disaster, the applicant
receives an allocation up to $40 million.
o If federally recognized Tribes and U.S. Territories do not meet the NFIP flood
insurance claims-based allocation determination criteria above, then the Tribal
and Territorial allocation is up to $5 million.
o The special consideration allocation is up to $5 million. This is made
available to applicants that submit a request for special consideration for Swift
Current to the FEMA Regional Administrator. The FEMA Regional
Administrator will forward their recommendation to the FEMA Administrator
for approval. (Refer to Section C.2.a.3. for more information.)
b. The FEMA Administrator may authorize the usage of additional BIL,funding in the FY
2023 FMA Swift Current NOFO in accordance with NOFO goals and priorities.
c. FEMA shall make up to 10 percent of the available funding for Applicant Management
Costs. For more information, see Section I, Management Costs.
d. For more information on FY 2023 FMA Swift Current funding priorities and eligible
activities, see Section E, Application Review Information, Review, and Selection
Process.
e. For more information about uses of assistance under FMA Swift Current, refer to FMA
resources athtti)s://www.fema.�ov/rants/mitigation/floods/fina-resources. For
information on how to submit various project types in Mitigation eGrants (MT eGrants),
refer to hops://www.fema.gov/grants/mitigation/mitigation-egrants-system-resources and
Section D of this funding opportunity, Application and Submission Information,
Submitting the Application in MT eGrants.
2. Projected Number of Awards: Variable
The number of projected awards is variable due to the unpredictable nature of major flood
related disaster declarations across the nation in any given year.
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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. 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, Additional
Information, Period of Performance Extensions.
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
FEMA anticipates making awards on a rolling basis to applicants during each applicant's
eligibility period.
5. Projected Period of Performance End Date(s): 36 months 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 eligible applicant shall designate one agency to serve as the applicant for FMA Swift
Current funding. The designee is strongly encouraged to conduct outreach with
disadvantaged communities as referenced in EO 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 who choose to apply as subapplicants are considered
subapplicants and must submit subapplications to their applicant agency. Federally
recognized Tribal governments who directly apply to FEMA for FMA Swift Current
assistance will be considered applicants. 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
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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 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 State Hazard Mitigation Officers LfEMA.Soy.
2. Applicant Eligibility Criteria
a. The applicant meets the FMA Swift Current activation criteria when:
1. The applicant receives a major disaster declaration for a flood-related disaster
event between June 1, 2023, and the disaster declaration deadline of May 31,
2024. A flood-related disaster event includes coastal storms, hurricanes,
remnants of hurricanes, and floods; and,
2. The applicant meets at least one of the three conditions or the special
consideration:
■ The applicant has at least$1 million in prior NFIP flood insurance
claims from June 1, 2022, to the disaster declaration date; OR
■ The applicant has 500 or more NFIP flood insurance claims in the
declared flood-related disaster event; OR
■ The applicant is a U.S. territory or a federally recognized Tribal
government applying directly to FEMA.
■ Special Consideration: If the applicant receives a major disaster
declaration for a flood-related disaster event between June 1, 2023 and
May 31, 2024 but does not meet any of the three additional conditions
listed above, the applicant may submit a request to their FEMA
Regional Administrator(RA) for special consideration for FMA Swift
Current within 30 days of the declared disaster. The applicant may
submit a request to their FEMA Regional Administrator by contacting
the Regional Office contact listed at https://www.fema.gov/fema-
regional-contacts. By submitting a request for special consideration for
FMA Swift Current, the applicant certifies that they have not been
awarded FMA funding since FY 2018 FMA7 and that any FMA Swift
Current funding will align with the applicant's SRL, RL and SD plans
and strategies. The FEMA Regional Administrator will review
requests to confirm that the applicant and circumstance aligns with the
Region's flood mitigation goals and will forward their
recommendation to the FEMA Administrator for approval. If the
6 If a federally recognized Tribal government is applying as a suba plicant to the state,the state is considered the applicant and
must meet at least one of the claims-related FMA Swift Current activation criteria. (Le.,the applicant has at least$1 million in
prior NFIP flood insurance claims from(June 1,2022 to the disaster declaration date)or the applicant has 500 or more NFIP
flood insurance claims in the declared flood-related disaster event).
7 FMA selections refers to the selections made through the Flood Mitigation Assistance grant program that FEMA offers
annually.More information about the FMA grant program can be found at https://wwv .fema.gov/grantshnitigation/floods.
Applicants can verify previous FMA grant program selections status at https://www.fema.gov/grants/mitigation flood-
mitigation-assistance/after-you-apply/previous-fiscal-y ear-subapplication-statuses.
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request for special consideration for FMA Swift Current is approved,
FEMA will provide an allocation of up to $5 million.
b. 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
hqps://www.fema.gov/national-flood-insurance-program-communily-stattis-book.
c. 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
additional details on NFIP requirements, see Title 44 of the Code of Federal
Regulations (C.F.R.) § 77.6.
d. Applicants are required to have a FEMA-approved State Hazard Mitigation Plan in
accordance with Title 44 of the (C.F.R.) Part 201 at the time of application 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 available on the FEMA
website at htti)s://www.fema.�ov/rants/mitigation/hazard-mitigation-assist nce-
gLiidance.
e. Subapplicants are required to have a FEMA-approved Local or Tribal Hazard
Mitigation Plan in accordance with 44 C.F.R. Part 201 at the time of application and
at the time of obligation of grant funds. Mitigation plan integration, while not
required to be eligible for FMA, is encouraged. See section H.14 for additional
information. Local hazard mitigation plans must conform to the Local Plan Review
Guide, or any subsequent local mitigation planning guide that supersedes it.
f. To be considered for financial assistance, all applicants must submit their FY 2023
FMA Swift Current grant applications to FEMA via MT eGrants. Refer to Section D,
Application and Submission Information of this funding opportunity.
3. Other Eligibility Criteria
a. Properties included in Individual Flood Mitigation Project subapplications must be
FMA and/or NFIP defined SRL properties, RL properties, or properties that were
deemed Substantially Damaged after the applicant's disaster declaration date.
b. 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 Mitigation
Assistance Program and Policy Guide,
c. All Individual Flood Mitigation Project subapplications submitted as part of an FMA
Swift Current 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.
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d. On April 19, 2022, FEMA updated the State and Local Mitigation Planning Policy
Guides olicies). 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.gov), and the Local Hazard Mitigation Plan and Community Rating System
Crosswalk Starter Kit in the Local Mitigation Planning Handbook (fema.gov). 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) (his://www.fema.gov/sites/default/files/2020-
06/fema-tribal-mitigation-plan-review-amide 12-05-2017.pdf ,
e. 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 structures must meet the minimum
standards of FEMA's partial implementation of the Federal Flood Risk Management
Standards (FFRMS).9 Website
1. 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.10
f. See EO 14030 Climate-Related Financial Risk FEMA Policy 4-206-21-003-0001s
Partial Implementation of the Federal Flood Risk Management Standard for Hazard
Mitigation Assistance Pro rg arns and the 2023 Hazard Mitigation Assistance Proms
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 s is provided on the FEMA website at ham://www.fema.gov/state-hazard-
miti�zation-officers.
g. 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
a Refer to 44 C.F.R. 5 9.4 for the definitions of"new construction"and"substantial unr2rovement;"Refer to 44 C.F.R.5 59.1 for
the definition of"substantial damaf4e."
9 Refer to the Hazard Mitigation Assistance Program and Policy Cuide,Part 4,I.Federal Flood Risk Management Standards—
Partial.
10 Under 44 C.F.R. §9.11(d)(6),no action may be taken if it is inconsistent with the criteria of the National Flood Insurance
Program(44 C.F.R.part 59 et seq.)or any more restrictive Federal,State,or local floodplain management standards.
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Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure
Control Systems, found at https://www.cisa.gov/control-systems-goals-and-
obLec� tives. Subapplicants should address cybersecurity in their planning, design, and
project oversight for awards that include a technology nexus that may pose a cyber
risk that would affect the reliability or operability of project.
h. FEMA encourages the use of environmentally friendly construction practices when
completing FMA Swift Current mitigation projects.
• When subapplications include the use of concrete or asphalt products, FEMA
encourages 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 Clean
Initiative.
i. FEMA encourages the use of nature-based solutions in FMA Swift Current mitigation
proj ects.
• Subrecipients can refer to resources such as FEMA's guide to Ijuzlclzaag
CommunitV Resilience with Nature-Based Solutions and the Federal Nature-
Based Solutions Resource Guide to identify strategies for using nature-based
solutions in ways that reduce future flood risk while simultaneously building
resilience, reducing emissions, and delivering other co-benefits.
• Nature-based solutions: are actions to protect, sustainably manage, or restore
natural or modified ecosystems to address societal challenges, simultaneously
providing benefits for people and the environment. Other terms for nature-
based solutions include green infrastructure, natural and nature-based features,
natural climate solutions, and natural infrastructure.
j. 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 Signs UPDATED.)). 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 hops://www.fema.gov/grants/policy-guidance/bipartisan-infrastructure-
law.
k. 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
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work to improve job quality and create access to good jobs free from discrimination
and harassment for all working people.
4. Cost Share or Match
Cost share is required for all subapplications funded under this program. FEMA may
contribute the federal cost share funding if available, as follows:
i. 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.
iii. To receive an increased federal cost share under these provisions,
properties must meet the FMA RL definition. Applicants and
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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 that is not less than 0.5001, and for
which the mitigation activity is funded by the 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
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 NFIP 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 NFIP defined SRL and
RL properties.
Generally, the cost share for this program is 75 percent federal cost share and 25 percent non-
federal cost share. This means federal funding is available for up to 75 percent of eligible
costs. The remaining 25 percent 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
percent, then the non-federal contribution is $100,000: 25 percent 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 percent 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.
As a result of FMA funding made available under the IIJA, FEMA may contribute up to 90
percent 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.gav/placeandhealth/svi/index.html.
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 Severe Repetitive Loss structure funded at 100 percent federal cost
share plus $100,000 costs for one Repetitive Loss structure funded at 90 percent federal cost
share will have an overall project federal cost share of 95 percent, 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 percent
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
https://www.fema.a„o�v/grants/mitigation/storm-rlf. 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
https://www.fema.gov/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 Swift Current funding cannot be used as matching funds for another federal grant.
Additionally, third-party 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.
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
https://home.treasury.F,ov/system/files/136/SLFRF-Final-Rule-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 Policv Guide,
D. Application and Submission Information
1. Key Dates and Times
FEMA will solicit applications for the FY 2023 FMA Swift Current program from November
15, 2023, until January 15, 2025 based on applicants who have experienced a major flood
disaster between June 1, 2023 (going back in time) and May 31, 2024, and meet certain
requirements. This is called the FMA Swift Current availability window and is different from
the application submission deadline.
Each applicant's individual application submission deadline is determined by the date of the
major disaster declaration for the flood-related event. See D.I.d. Eligibility Period Start Date
below.
a. Availability Window Start Date: 1111512023
b. Availability Window End Date: 111512025
c. Disaster Declaration Deadline: 513112024
d. Eligibility Period Start Date Varies by applicant
The applicant eligibility period start date varies by applicant. The applicant's eligibility
period starts 30 days after the applicant both receives a major disaster declaration for a flood-
related event and meets the claims-related eligibility criterion. The applicant's eligibility
period end date is the application submission deadline.
e. Application Submission Deadline: Varies by applicant;
03:00:00PHET
Upon FMA Swift Current activation, the eligibility period start date and application
submission deadline date will be provided to the applicant.
I. APPLICATION SUBMISSION DEADLINE (GENERAL)
The application submission deadline varies by applicant. Typically, the applicant's
application submission deadline is 120 calendar days after the eligibility period start date.
II. APPLICATION SUBMISSION DEADLINE (EXCEPTION)
The application submission deadline varies by applicant. If the applicant has more than $1
million prior flood insurance claims in the previous year and the declared disaster results in
500 or more flood insurance claims for the applicant, the applicant's application submission
deadline is 150 calendar days after the eligibility period start date.
Applications will be reviewed for eligibility on a rolling timeline as they are submitted to
FEMA. After the application submission deadline,the applicant's allocation will expire. Any
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remaining funds will be available to future eligible applicants. For more information see
Section E, Application Review Information, Review, and Selection Process.
All applications must be received by the established deadline.Please note that FEMA deadlines
listed in this NOFO 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 funding opportunity, "DHS
Awarding Agency Contact Information." For programmatic or grants management questions,
please contact your Program Analyst or Grants 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 fema-grants-news(&fema.dhs.gov OR by phone at(800) 368-
6498, Monday through Friday, 9:00 AM—5:00 PM ET.
To be considered timely, an FMA Swift Current grant application must be submitted by the
application deadline via FEMA's MT eGrants, and the applicant must have received a
confirmation message in MT eGrants that indicates successful FMA Swift Current grant
submission to FEMA. 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.
f. Other Key Dates
Event Su22ested 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(EIM
Creating an account with login.gov Four weeks before actual submission deadline
Registering in SAM or Updating
SAM registration Four weeks before actual submission deadline
Registering in MT eGrants system Four weeks before actual submission deadline
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Event Suggested Deadline for Completion
Submitting the final application in By the submission deadline
MT eGrants
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
FEMA will only process applications received via MT eGrants.
Information, training and resources on MT eGrants are available on the FEMA website at
https://www.fema.a,o�v/grants/mitigation/mitigation-e„ra�ystem-resources (see section G,
DHS Awarding Agency Contact Information, of this NOFO).
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 C.F.R. 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
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 from SAM.gov
and Employer Identification Number(EIN) from the Internal Revenue Service;
b. In the application,provide an UEI number;
c. Have an account with to in.gov;
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d. Register for, update, or verify their SAM account and ensure the account is active before
submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov account;
g. Establish an Authorized Organizational Representative (AOR) in Grants.gov;
h. Register in MT eGrants
i. Submit an initial application in Grants.gov;
j. Submit the final application in MT eGrants, including electronically signing applicable
forms; and
k. 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
fe�rants-grants 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
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 MT
eGrants.
7. How to Register to Apply
a. General Instructions:
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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. ov.
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: https://www.irs.gov/businesses/small-
businesses-self emplo ey d/ai)ply-for-an-employer-identification-number-ein-online.
d. Create a login.gov account.
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:
hgps:Hsecure.login. og v/si n up/enter email?request id=34f19fa8-14a2-438c-8323-
a62b99571 fd3.
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:
hops://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.
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For more detailed instructions for registering with SAM, refer to:
hops://www. rg ants.gov/web/grants/applicants/organization-registration/step-2-register-with-
sam.html.
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.
III. 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 e 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.
IV. 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
registering with SAM. If applicants have questions or concerns about a SAM registration,
please contact the Federal Support Desk at hops://www.fsd.gov/fsd-gov/home.do. or call toll
free (866) 606-8220.
f. Register in MT eGrants
Applicants must register in MT eGrants. For more information, see
https://www.fema.gov/sites/default/files/2020-08/fema mt-euants-fre uently-asked-
questions support document March 2018.pd£.
8. Submitting the Application in MT eGrants
Subapplicants must create project subapplications and submit them to their applicant
organization. Subapplicants should contact their applicant agency for information specific to
their State's application process. Contact information for the State Hazard Mitigation
Officers is provided on the FEMA website at hqps://www.fema.gov/state-hazard-mijigat�
officers. If a subapplicant does not use FEMA's grant application system to submit project
subapplications to the applicant, then the applicant must enter the subapplication(s) into MT
eGrants on the subapplicant's behalf.
Applicants must review and approve subapplications submitted by their subapplicants.
Applicants must ensure that accurate NFIP policy numbers and RL numbers are included in
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the Properties section of project subapplications in MT eGrants to be considered for
competitive property flood mitigation project funding. For structures that are deemed
Substantially Damaged after the applicant's disaster declaration date, applicants must include
a certification that the structures meet these conditions.
Applicants must create an FMA grant application and approve the subapplications. The
approved project and management costs subapplications may then be submitted and added to
the grant application.
While FEMA will be reviewing and awarding projects on a rolling basis, applicants must
rank all subapplications in MT eGrants.
Applicants will be prompted to submit the standard application information and any
program-specific information required as described in Section D.10 of this funding
opportunity, "Contentand Form of Application Submission." The Standard Forms (SF) may
be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should
review these forms before applying to ensure they have all the information required.
After submitting the final application, MT eGrants will provide either an error message or a
successfully received transmission in the form of an email sent to the user that submitted the
application. Applicants using slow internet connections, such as dial-up connections, should
be aware that transmission can take some time before MT eGrants 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 MT eGrants by the application deadline. MT eGrants
automatically records proof of timely submission and the system generates an electronic
date/time stamp when MT eGrants 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 MT eGrants tracking number in an email
serving as proof of their timely submission on the date and time that MT eGrants received the
application.
Applicants who experience system-related issues will be addressed until 03:00 PM ET,
48 hours before their application submission deadline. 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 MT eGrants. The
Standard Forms (SF) are also available at htti)s://www.�rants.�ov/web/rants/fon-ns/sf-424-
family.htral. Applicants may require their subapplicants to complete and attach the grant
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application and/or Assurance and Certifications forms to their subapplications in MT
eGrants. Subapplicants should contact their applicant agency for information specific to their
State/territory/tribe's application process. Contact information for the State Hazard
Mitigation Officers is provided on the FEMA website at https://www.fema.gov/state-hazard-
mitigation-officers.
• SF-424,Application for Federal Assistance
• Grants.gov Lobbying Form, Certification Regarding Lobbying
• SF-424A, Budget Information (Non-Construction)
o For construction under an award, submit SF-424C, Budget Information
(Construction), in addition to or instead of SF-424A
• SF-424B, Standard Assurances (Non-Construction)
o 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-42413) 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-42413), 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 MT
eGrants.
Applicants may require their subapplicants to complete and attach the grant application
and/or Assurance and Certifications forms to their Individual Flood Mitigation Project
subapplications in MT eGrants.
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
hgps://www.fema.gov/state-hazard-mitigation-officers.
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All applicants must submit an FMA grant application via MT eGrants by the application
deadline to be considered for funding. The required format for applications and
subapplications is built into MT eGrants:
• FMA applications including Individual Flood Mitigation Project and Management
Costs subapplications must be submitted in an FY 2023 FMA Swift Current
application.
o Individual Flood Mitigation Project must be submitted in a project
subapplication.
• Applicant Management Costs must be submitted in a management costs
subapplication.
V. MANAGEMENT COSTS
Applicants are eligible to receive management costs consisting of a maximum of 10 percent
of the project activities awarded to the State, each fiscal year under FMA Swift Current.
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 percent of grants awarded for project
activities under FMA Swift Current.
Subapplicants may include a maximum of 5 percent of the total funds requested for their
subapplication for management costs to support the implementation of their project activity.
These costs must be included in the subapplication to the State.
For additional information,please refer to Section D.13.c Management Costs.
11. Other Submission Requirements
a. Benefit-Cost Analysis for Mitigation Projects
Applicants and subapplicants applying for an Individual Flood Mitigation Project must
provide a Benefit-Cost Analysis (BCA) or other documentation that validates cost-
effectiveness. 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 on the FEMA BCA website. FEMA will
validate the cost effectiveness and estimate a benefit cost ratio 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,
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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 benefiting 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 for selected subapplications that may qualify for
this consideration. For more information see 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, including FMA Swift Current. FEMA's BCA
Toolkit is available on the FEMA website at hLtps://www.fema.gov/grants/tools/benefit-
c9st-analysis. o�v/grants/tools/benefit-
cost-anal. 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
proj ect.
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 hops://www.fema.gov/sites/default/files/documents/fema acquisition-
elevation-precalculated-benefits-memo_0g2021.pdf.
Additionally, FEMA has determined that the acquisition of a structure designated as RL or
SRL,12 regardless of location within or outside of the SFHA, with total project costs less than
z 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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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
idance-tools/benefit-cost-analysis.
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 Statement of Voluntary Participation is available on the FEMA website at
hqps://www.fema.gov/sites/defatilt/files/documents/fema form-ff-206-fy-21-124.pd
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 on the FEMA website at
hLtps://www.fema.g�gy/sites/defatilt/files/2020-08/fema model-deed-restriction.Ddf.
Subrecipients, as well as recipients and FEMA are responsible for enforcing compliance with
open space restrictions pursuant to 44 C.F.R. Part 80 requirements.
c. National Environmental Policy Act Requirements for Mitigation Projects
Applicants and subapplicants applying for hazard mitigation projects must provide
information needed to comply with the National Environmental Policy Act(NEPA) (42
U.S.C. §§ 4321-4370h),the Council on Environment Quality's implementing regulations at
40 C.F.R. parts 1500-1508, and the related DHS and FEMA instructions and directives (i.e.,
DHS Directive 023-01, 13 DHS Instruction Manual 023-01-001-01,14 FEMA Directive 108-
1, 15 and FEMA Instruction 108_1_1,16 which can be accessed at
hqps://www.fema.gov/emergency-managers/practitioners/environmental-historic/laws/ehp-
directive-instruction). The required information is included in the subapplication in MT
eGrants. Environmental Planning and Historic Preservation (EHP) Job Aids and Supplements
are available on the FEMA website at hLtps://www.fema.gov/grants/guidance-
tool s/environmental-hi stori c. The required information is included in the subapplication in
MT eGrants.
12. Intergovernmental Review
13 DHS Directive 023-Olin titled Implementation of the National Environmental Policy Act.
14 DHS Instruction Manual 023-01-001-Olis titled Implementation of the National Environmental Policy Act(NEPA).
15 FEMA Directive 108-1 is titled Environmental Planning and Historic Preservation Responsibilities and Program Requirements.
16 FEMA Instruction 108-1-lis titled Instruction on Implementation of the Environmental Planning and Historic Preservation
Responsibilities and Program Requirements.
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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
(See htti)s://www.archives.�ov/federal-register/codification/executive-order/1237
www.whitehouse.gov/wp-content/tiploads/2020/04/SPOC-4-13-20.pdf.
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
htti)s://www.ecfr.�ov/c�i-bin/text-idx?ti)l=/ecfrbrowse/TitleO2/2cfr2OO, main 02.tW
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More detailed information is available in the 2023 Hazard Mitigation Assistance Proms
and Policy Guide.
a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services
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.20.19.(FY..2019 NDAA), 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.gpoy).L
Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA
funds under open or new awards 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;
• 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
• 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);
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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
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.
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Applicants and subapplicants who are not awarded awards or subawards will not receive
reimbursement for the corresponding pre-award costs.
c. Management Costs
In addition to funding received as described in Section B.1, Available Funding for the
NOFO, 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 shares of the proposed
subapplication. Subapplicants must use subapplicant management costs to manage their
subaward activities. Subapplicant management costs will not exceed 5% of the total
subapplication budget. Subapplicant management cost activities must be added to the Scope
of Work section and identified in the Cost Estimate section of subapplications in MT
eGrants.
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 MT eGrants (see Section D, Application and Submission Information,
Content and Form of Application Submission).
The subapplicant management costs (up to 5%) must be added to the subapplication total
budget prior to the calculation of the applicant 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 closeout)
• Technical monitoring (e.g., site visits, technical meetings)
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• 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 percent
management costs for the recipient or the 5 percent management costs of the subrecipient,
but in no case do they make the recipient eligible for additional management costs that
exceed the statutory 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
Specialist 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, and engineering feasibility of
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;
• Alignment 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;
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• Proposed project will solve a problem independently, or constitute a functional
portion of a long-term solution where there is assurance that the project 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.
For more detailed information, see the 2023 Hazard Mitigation Assistance Program and
Polices.
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,17 if applicable, that is in the designated
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,
17 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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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
FEMA will select eligible subapplications up to at least the available funding amount of$300
million. The FEMA Administrator may authorize the usage of additional BIL,funding to
increase funding of FMA Swift Current.
All identified properties in a subapplication must be NFIP defined or FMA defined SRL, RL,
or deemed Substantially Damaged after the applicant's disaster declaration date, as
referenced in Section C.3 Other Eligibility Criteria. If a subapplication includes a property
that is not SRL, RL, or deemed Substantially Damaged as of the applicant's disaster
declaration date, FEMA will remove the property from the subapplication prior to selection.
FEMA may lower the priority of subapplications 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 may increase the priority of 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
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)18 documented in the
most recent claim. If no RCV is provided, then homeowners can refer to the Actual Cash
Value (ACV)19 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.
Subapplications will be reviewed and selected on a rolling basis as subapplications are
submitted to FEMA during the applicant's eligibility period.
At the end of the applicant's eligibility period, the applicant allocation will expire. At this
time, any unused funds within the applicant allocation that are not tied to projects identified
for further review will be returned to FY 2023 FMA Swift Current available funds.
8 The cost to replace property with the same kind of material and construction without deduction for depreciation.
9 The cost to replace an insured item of property at the time of loss,less the value of its physical depreciation.
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Sec. 223 from Executive Order 14008: "Tackling the Climate Crisis at Home and Abroad"
establishes the Justice40 Initiative, which sets a goal that 40 percent of the overall benefits of
certain Federal investments flow to disadvantaged communities. Pursuant to this effort and to
maximize the number of NFIP-insured properties receiving assistance in accordance with 44
C.F.R. § 77.4(a), FEMA will use the Climate and Economic Justice Screening Tool (CEJST)
to identify properties located in a Justice40 community, also referred as a disadvantaged
community, in order to prioritize assistance for those communities. Applicants and
subapplicants should also undertake ongoing and meaningful community engagement in the
implementation of Justice40 to identify and design efforts that will prioritize and maximize
benefits for disadvantaged communities through the implementation of these projects. To
help realize these benefits, applicants and subapplicants could also consider including local
and economic hiring practices or contracting with small, disadvantaged businesses rooted in
disadvantaged communities to help implement the work that will be conducted.
FEMA may select a subapplication out of prioritized order or rolling order based on one or
more of the following factors:
• Availability of funding
• Duplication of subapplications
• Program priorities and policy factors
• Other pertinent information, such as flood insurance claims history, substantial
damage status, structure value, etc.
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 the review has been completed as described in Section E, Application Review
Information, FEMA will designate the selected project subapplications as one of the
following three statuses:
• Identified for Further Review (IFFR)—Applicants with project subapplication(s)
that are Identified for Further Review that submitted a management costs
subapplication in their FMA grant application (see Section D.9 Content and Form of
Application Submission) are eligible to receive applicant management costs not to
exceed 10 percent of the selected project subapplications.
• 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 and completeness requirements.
c. Request for Reconsideration
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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 applicant management 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 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 applicants 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 VI, Section B: Risk Assessment Prior to
PDM and FMA award, of the 2023 Hazard Mitigation Assistance Program and Policy Guide,
F. Federal Award Administration Information
1. Notice of Award
Before accepting the award, 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 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 MT
eGrants. 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 MT eGrants.
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
MT eGrants system.
Funds will remain on hold until the recipient accepts the award through the MT eGrants
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
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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
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 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
hops://www.fema.gov/about/offices/equal-rights/civil-rights.
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.
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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 C.F.R. § 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.
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 Policy Guide.
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.
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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 per, 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: Floodplain Management 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 C.F.R. § 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
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:
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• 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 conformance with flood insurance
requirements. This means that: (a)the project must be in a jurisdiction
participating in the National Flood Insurance Program (NFIP); and (b)the
property owner(s) must obtain and maintain NFIP flood insurance policy 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.
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
https://www.�zrants.�zov/web/rants/forms/post-award-report-forms.html#sortby=l
Recipients must file the FFR electronically using the Payment and Reporting Systems
(PARS).
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 1 —December 31 January 30
January 1 —March 31 April 30
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April 1 —June 30 July 30
July 1 —September 30 October 30
b. Programmatic Performance Reporting Requirements
I. 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 MT eGrants. The
Quarterly Performance Reports must be submitted electronically in FEMA's grant
application system throughout the period of performance, even 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 within 30 days after every subsequent quarter
until the grant ends.
c. Closeout Reporting Requirements
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.
v. Other documents required by this NOFO, terms and conditions of the award, or other
FEMA guidance.
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).
II. ADMINISTRATIVE CLOSEOUT
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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
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
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provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350.
II. 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.
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.
111. 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
https://www.zao.gav/yellowboolc/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.
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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,
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
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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 Officers. Contact information for FEMA
Regional Offices is provided at hqps://www.fema.gov/about/contact. Contact information for
the State Hazard Mitigation Officers is provided at hLtps://www.fema.gov/state-hazard-
mitigation-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 Feasibility and Effectiveness Helpline is available for guidance on FEMA Building
Science publications by email FEMA-BuildingScienceHeIPL&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
hLtps://www.fema.gov/grants/mitigation.
FEMA publications that specify the documentation and information necessary for FEMA to
review project subapplications for feasibility and effectiveness, cost-effectiveness, and
potential impacts on environmental and cultural resources are available on the FEMA
website at httf)s://www.fema.gov/�zrants/ idance-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-news@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 FMA Swift Current.
The Regions also provide technical assistance to FMA Swift Current.
FEMA Regional Office contact information is available at https://www.fema.�zov/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-CivilRightsOfficeL&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-NOFOQuestionsL&fema.dhs.gov.
2. Systems Information
a. Payment and Reporting System (PARS)
FEMA uses the Payment and Report S, st�(PARS)for financial reporting, invoicing,
and tracking payments. FEMA uses the Direct Deposit/Electronic Funds Transfer(DD/EFT)
method of payment to recipients. If you have questions about the online system,please call
the Customer Service Center at(866) 927-5646 or email ask-GMD(&_fema.dhs.gov.
b. Mitigation eGrants (MT eGrants)
For technical assistance with the MT eGrants,please contact the Mitigation eGrants
Helpdesk at mte rants&fema.dhs.gov.
Information, training and resources on MT eGrants are available on the FEMA website at
https://www.fema.�zov/rants/mitigation/miti atg ion-e�zrants-system-resources. Frequently
asked question can be found at https://www.fema.gov/sites/default/files/2020-08/fema mt-
egrants-frequently-asked-questions support document March 2018.pdf.
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
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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
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 Act), Pub. L. No. 115-435 (2019)
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-party 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.
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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;
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.
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The following are examples that demonstrate the integration of the needs of people with
disabilities in carrying out FEMA awards:
• 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
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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-
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:
https://www.fema.�zov/ rants/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.
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a. Important Changes to Procurement Standards in 2 C.F.R. Part 200
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
Purchasinz 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.
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Additionally, some of the situations considered to be restrictive of competition include, but
are not limited to:
• 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 his://www.gsa.gov/resources-for/programs-for-
State-and-local-governments and hLtps://www.gsa.gov/buying-selling/purchasing-
program s/gsa-schedules/schedule-buyers/state-and-local-ggvernments.
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).
II. 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.
e. 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. FEMA Financial Assistance Programs for Infrastructure Build America,Buy America
Act
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 2 C.F.R. Part 184 and OMB
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MemorandumM-24-02, Implementation Guidance on Application of Buy America
Preference in Federal Financial Assistance Programs for Infrastructure.
Section 70914 of BABAA requires all federal agencies, including FEMA, to ensure that 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. For FEMA financial assistance programs,
these requirements apply to new infrastructure awards made on or after January 2, 2023, as
well as new funding FEMA obligates to existing awards or through renewal awards on or
after January 2, 2023.
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 FEMA. ov.
To ensure compliance with BABAA, all recipient and subrecipient contracts under FEMA
infrastructure awards must include a contract provision explaining the BABAA requirements
and a self-certification where the contracts can certify compliance with the domestic
preference requirements, unless the BABAA requirement is waived by FEMA. Please see
Buy America Preference in FEMA Financial Assistance Programs for Infrastructure FEMA
Interim Policy 4207-22-0001.
a. 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:
1) Applying the domestic content procurement preference would be inconsistent with
the public interest.
2) 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.
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3) 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%.
Prior to requesting a waiver, recipients and subrecipients should consider whether a FEMA
approved general applicability waiver applies to their projects. The term "general
applicability waiver"refers to a waiver that applies generally across multiple awards and do
not require a separate application or approval by FEMA prior to use. These may cover
categories of products known to be unavailable domestically or are intended to ease the
burden of compliance. For a list of FEMA's general applicability waivers, and for additional
information on FEMA's process for requesting a project-specific waiver from the Buy
America preference requirements,please see FEMA's website at: "Buy America" Preference
in FEMA Financial Assistance Programs for Infrastructure FEMA.gov.
b. Definitions
For BABAA specific definitions,please refer to the FEMA Buy America website at:
"Programs and Definitions: Build America, Buy America Act FEMA.gov."
c. Please refer to the applicable DHS Standard Terms & Conditions for the BABAA
specific term applicable to all FEMA financial assistance awards for infrastructure.
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
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).
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• 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
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.
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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.
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
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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
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
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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
FEMA uses the Direct Deposit/Electronic Funds Transfer(DD/EFT) method of payment to
recipients.
For FY 2023 FMA Swift Current, FEMA utilizes the Payment and Reporting System (PARS)
for financial reporting, invoicing and tracking payments. For additional information, refer to
hops:Hi source.fem a.gov/sf269/execute/Login?sawContentMessage=true.
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
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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 hazard mitigation plan at
the time of application submission and at the time of the award; hazard mitigation plans
pending adoption is not sufficient. The FEMA Regional Administrator may grant an
exception to the local mitigation plan requirements in extraordinary circumstances when the
appropriate justification is provided.
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.
• 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. 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
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recipient of the subaward termination. For more information on award termination, refer to
Part 8 of the HMA Guide.
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 HMA 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. Integrating Mitigation and Planning
In addition, SLTTs are encouraged, but not required, to pursue hazard mitigation projects
with co-benefits that advance shared outcomes for economic, environmental, and social
resilience. Alignment with SLTT planning mechanism (economic development, housing,
comprehensive plans, transportation plans, floodplain ordinances, etc.) and vice versa is vital
to build safer, more resilient, equitable communities. This two-way exchange of information
supports community-wide risk reduction, both before and after disasters occur. Not only will
the community's 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 FEMA.gov,
Guides to Expanding Mitigation I FEMA.gov, and
https:Hplanning.org/nationalcenters/hazards/.
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