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Item O7 07 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: 07 2023-3060 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Mike Lalbachan AGENDA ITEM WORDING: Approval to submit Residential Mitigation Reconstruction Applications under the Flood Mitigation Assistance (FMA) program issued by U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) for fiscal year 2024 with an estimated projects' budget amount of$9,000,000, with property owners paying all match required. ITEM BACKGROUND: The Flood Mitigation Assistance (FMA)program makes federal funds available to local communities to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program(NFIP) on a yearly basis. Local governments are considered sub- applicants and must submit sub-applications to the Florida Division of Emergency Management (FDEM). FDEM has been authorized by FEMA as the only agency that is allowed to submit FMA applications for the State of Florida. FEMA provides a $220,000 cap in federal share per structure for construction activities in a mitigation reconstruction project. Construction activities at $220,000 or less, require no match. If the project cost is greater than $220,000, the homeowner is responsible for the difference. All properties are required to be elevated at least 3' above minimum base flood elevation(BFE). Other activities, such as engineering/design, in the project are typically funded up to a 75% federal share. However, Severe Repetitive Loss (SRL)properties may be funded up to 100% and Repetitive Loss (RL)properties up to 90% of the other activities. Homeowners provide the local match(non-federal match) for mitigation reconstruction other activities (beyond construction activities), if applicable. Monroe County began participating in the FMA program in FY21. The BOCC agreed to operate this program in both unincorporated Monroe County and the incorporated Cities. Staff is anticipating the FEMA FMA 2024 Notice of Funding Opportunity (NOFO) to be published October 21, 2024. Monroe County is eligible to apply for FMA funding for mitigation activities under the Individual Flood Mitigation Projects in support of creating a more resilient community and will be submitting approximately 15 residential mitigation reconstruction applications with a total project cost of 1847 approximately $9,000,000. Finally, staff will also resubmit FMA mitigation reconstruction applications that were submitted in FMA 2023 but were not identified for further review by FEMA in their 2023 selection process. Staff is currently accepting applications from property owners Countywide including incorporated cities and unincorporated Monroe County. Property Owners are required to submit their applications by October 30, 2024 to the County. If these applications are approved by FEMA and selected for grant award, the State (FDEM)will enter into a grant agreement with the County for administration of the program. Monroe County will then execute agreements with the homeowners to assist them in implementing their projects. The County will request management costs to help implement these projects. The methodology to be employed in implementing the program is currently under legal review. 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. 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 November 8, 2023, Monroe County BOCC granted approval to submit 2023 FMA grant applications for Residential Mitigation Reconstruction INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve staff to submit FMA grant applications for residential mitigation reconstruction projects for FY 2024 to FEMA via the Florida Division of Emergency Management (FDEM) DOCUMENTATION: FDEM FY 2024 Flood Mitigation Assistance Application Period Announce ent.pdf FY 2024 FMA Notice of Funding Opportunity.pdf FINANCIAL IMPACT: N/A 1848 :- rui FLOOD MITIGATION ASSISTANCE GRANT PROGRAM FY 2024 NOTICE OF FUNDING OPPORTUNITY Open Application Period for the Flood Mitigation Assistance Program Begins January 6, 2025 The Federal Emergency Management Agency (FEMA) has announced the opening of the FY 2024 Application Period for the Flood Mitigation Assistance (FMA) program. FEMA's Notice of Funding Opportunity (NOFO) is attached and can be found at www.grants.gov. The Florida Division of Emergency Management(FDEM) is accepting eligible subapplications for the FMA program from entities that submitted a Notice of Interest (NOI) form by FDEM's deadline (August 30, 2024, 5.00 p.m. ET) for an eligible project. All subapplications must be submitted to FDEM via the FEMA GO application system on or before Monday, February 17, 2025 by 5:00 PM ET. Only complete subapplications will be accepted and reviewed. Please refer to the NOI feedback and required documentation received via e-mail from FDEM.This feedback and required documents must be included in the subapplication. If the feedback and required documents are not included in the subapplication, the subapplication will be deemed incomplete and will not be reviewed or considered for submission. Subapplicants experiencing technical problems outside of their control must notify FDEM as soon as possible, before the application deadline and no later than 5:00 PM ET on Friday, February 14, 2025. Detailed information regarding the FMA program and application development can be found at https://www.floridadisaster.org/dem/mitigation/flood-mitigation-assistance-program/ and https://www.fema.gov/qrants/mitigation/floods. For information on training and resources on FEMA's grant application system (FEMA GO), please visit FEMA's website at https://www.fema.gov/grants/guidance-tools/fema-qo or contact the FEMA GO Helpdesk at 1-877-611-4700 or via e-mail at FEMAGO(a�_fema.dhs.gov. For access to FEMA GO, please refer to the attached FEMA GO Registration Guidance and FEMA GO User Manual for Subapplication Development. PLEASE NOTE: ALL PROPERTY OWNERS MUST HAVE AN ACTIVE NFIP FLOOD INSURANCE POLICY IN EFFECT ON OR BEFORE JANUARY 6, 2025. Contact: If you have any questions about this program, please contact the Non-Disaster Grant Program at non-disasterprograms@em.myflorida.com. Attachments: FY 2024 Flood Mitigation Assistance Notice of Funding Opportunity FEMA GO Registration Guidance FEMA GO User Manual for Subapplication Development 1849 1 The U. S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2024 Flood Mitigation Assistance SUMMARY OVERVIEW OF KEY INFORMATION FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) FLOOD MITIGATION ASSISTANCE FMA Program Overview The Flood Mitigation Assistance (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. The program is partially funded through the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL,), which infused $3.5 billion in FMA grants over a 5-year period. Goals and The purpose of the FMA program is to reduce or eliminate the flood Objective risk of repetitive flood damage to structures and buildings insured by the NFIP and to enhance community flood resilience within NFIP- participating communities. Eligible Projects The FMA grant program funds three types of activities and projects: Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation Projects. Deadlines NOFO Availability Window Start Date: 01/06/2025 Applicant Eligibility Period Start Date: 01/06/2025 Application Submission Deadline: 04/18/2025 Funding Amount Available Funding for the NOFO: $600,000,000 • Capability and Capacity Building Activities subtotal: $60,000,000 • Localized Flood Risk Reduction Projects subtotal: $420,000,000 • Individual Flood Mitigation Projects subtotal: $120,000,000 The term"federally recognized tribal government,"as used in this funding opportunity,has the same meaning as"Indian Tribal government,"as defined at 44 Code of Federal Regulations(C.F.R.)S 77.2(n. Climate change is"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,changes in frequency and location of severe weather events,and changes to other features of the climate system." (htfi2s://nca2O23.globalchange.gov/cha tp er/ar)r)endix-5/). FY 2024 FMA NOFO 1850 2 Eligible Applicants • States • District of Columbia • U.S. territories • Federally recognized tribal governments Cost Share Capability and Capacity Building Activities federal cost share options: • Up to 90% federal cost share funding if the average Centers for Disease Control and Prevention (CDC) Social Vulnerability Index (SVI) score is not less than 0.5001 for the benefiting area(s) substantiated by a benefiting area map, and the activity must be funded by Bipartisan Infrastructure Law (BIL). FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation; or • Up to 75% federal cost share funding if a higher federal cost share is not available. Localized Flood Risk Reduction Projects federal cost share options: • Up to 90%federal cost share funding if the average CDC SVI score is not less than 0.5001 for the project benefiting area containing NFIP-insured properties, and the activity must be funded by the BIL,. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation; or • Up to 75% federal cost share funding if a higher federal cost share is not available. Individual Flood Mitigation Projects federal cost 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. Code (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 within a census tract with a CDC SVI score 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. Build America, Buy All applicable FMA subapplications must comply with the Build America Act America, Buy America Act(BABAA). Go to "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure FEMA.gov for more information. FY 2024 FMA NOFO 1851 3 All entities wishing to do business with the federal government must have a Unique Entity Identifier (UEI). The UEI number is issued by the system. Requesting a UEI using System for Award Management(SAM.gov) can be found at: httf)s:Hsam.�ov/content/entiiy- regi strati on. Updates in Grant Application Forms: The Data Universal Numbering System (DUNS) Number was replaced by a new, non- proprietary identifier requested in and assigned by SAM.gov. This new identifier is the UEI. Additional information can be found on Grants.gov: https://www.grants.gov/forms/forms- develol m ent/pI anned-uei-updates. Table of Contents Tableof Contents .................................................................................................................... 3 A. Program Description................................................................................................................ 7 1. Issued By.......................................................................................................................... 7 2. Assistance Listings Number ............................................................................................ 7 3. Assistance Listings Title.................................................................................................. 7 4. Funding Opportunity Title............................................................................................... 7 5. Funding Opportunity Number.......................................................................................... 7 6. Authorizing Authority for Program ................................................................................. 7 7. Appropriation Authority for Program.............................................................................. 7 8. Announcement Type........................................................................................................ 7 9. Program Category ............................................................................................................ 7 10. Program Overview, Objectives, and Priorities ................................................................ 7 11. Performance Measures................................................................................................... 10 B. Federal Award Information................................................................................................... 10 1. Available Funding for the NOFO: $600,000,000.......................................................... 10 2. Projected Number of Awards: 40 awards; 725 subawards............................................ 12 3. Period of Performance: 36 months ................................................................................ 12 4. Projected Period of Performance Start Date(s): Will vary by award............................. 12 5. Projected Period of Performance End Date(s): 36 months from date............................ 12 of the award unless otherwise specified by FEMA............................................................... 12 6. Funding Instrument Type: Grant ................................................................................... 12 C. Eligibility Information........................................................................................................... 12 1. Eligible Applicants......................................................................................................... 12 2. Applicant Eligibility Criteria ......................................................................................... 12 3. Subawards and Beneficiaries ......................................................................................... 13 4. Other Eligibility Criteria/Restrictions............................................................................ 14 5. Cost Share or Match....................................................................................................... 17 D. Application and Submission Information.............................................................................. 20 1. Key Dates and Times..................................................................................................... 20 a. Application Start Date: 01/06/2025 ........................................................................20 b. Application Submission Deadline: 04/18/2025 at 3:00 p.m. Eastern Time (ET)...20 c. Other Key Dates.........................................................................................................21 2. Agreeing to Terms and Conditions of the Award.......................................................... 21 3. Address to Request Application Package...................................................................... 21 FY 2024 FAIM NOFO 1852 4 4. Requirements: Obtain a UEI and Register in the System for Award Management (SAM.gov)..................................................................................................................... 22 5. Required to Obtain a Unique Entity Identifier, Register in the SAM, and Submit an Application..................................................................................................................... 22 6. Electronic Delivery........................................................................................................ 23 7. How to Register to Apply.............................................................................................. 23 a.General Instructions:...................................................................................................23 b. Obtain a UEI Number: ..............................................................................................24 c.Obtain Employer Identification Number: ...................................................................24 d. Create a login.gov Account:......................................................................................24 e.Register with SAM: ....................................................................................................24 f.Register in FEMA GO, Add the Organization to the System, and Establish the AOR:...........................................................................................................................25 8. Submitting the Application............................................................................................25 9. Timely Receipt Requirements and Proof of Timely Submission..................................26 10. Content and Form of Application Submission............................................................... 26 a.Standard Required Application Forms and Information.............................................26 b. Program-Specific Required Forms and Information.................................................26 The following program-specific forms or information are required to be submitted in FEMAGO:..................................................................................................................26 11. Other Submission Requirements....................................................................................27 a.National Environmental Policy Act(NEPA) Requirement for Hazard Mitigation Projects........................................................................................................................27 b. Benefit-Cost Analysis (BCA) for Hazard Mitigation Projects..................................28 c.Acquisition Project Requirements ..............................................................................28 d. Go/No-Go Milestones................................................................................................28 12. Intergovernmental Review............................................................................................. 29 13. Funding Restrictions and Allowable Costs....................................................................29 a.Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipmentor Services ................................................................................................30 b. Pre-Award Costs........................................................................................................31 c. Indirect Facilities and Administrative (F&A) Costs..................................................32 d. Management Costs ....................................................................................................32 E. Application Review Information........................................................................................... 35 1. Application Evaluation Criteria..................................................................................... 35 a.Programmatic Criteria................................................................................................. 35 b. Financial Integrity Criteria........................................................................................35 c.Supplemental Financial Integrity Criteria and Review............................................... 36 2. Review and Selection Process ....................................................................................... 36 a.Selection Order........................................................................................................... 36 b. Selection Status .........................................................................................................48 c.Request for Reconsideration.......................................................................................49 F. Federal Award Administration Information..........................................................................49 1. Notice of Award............................................................................................................. 49 2. Administrative and National Policy Requirements........................................................ 50 a.DHS Standard Terms and Conditions......................................................................... 50 FY 2024 FMA NOFO 1853 5 b. Ensuring the Protection of Civil Rights ....................................................................50 c.Environmental Planning and Historic Preservation (EHP) Compliance ....................51 d. Construction Project Requirements........................................................................... 53 e. Mandatory Disclosures..............................................................................................53 3. Reporting........................................................................................................................ 53 a.Financial Reporting Requirements ............................................................................. 53 b. Programmatic Performance Reporting Requirements............................................... 54 c.Closeout Reporting Requirements..............................................................................54 d. Additional Reporting Requirements..........................................................................56 4. Monitoring and Oversight.............................................................................................. 57 G. DHS Awarding Agency Contact Information....................................................................... 58 1. Contact and Resource Information ................................................................................ 58 a.Program Office Contact..............................................................................................58 b. FEMA Grants News ..................................................................................................59 c.FEMA Regional Offices ............................................................................................. 59 d. Civil Rights................................................................................................................59 e.Environmental Planning and Historic Preservation....................................................60 2. Systems Information...................................................................................................... 60 a.FEMA GO................................................................................................................... 60 H. Additional Information.......................................................................................................... 60 1. Termination Provisions.................................................................................................. 60 a.Noncompliance........................................................................................................... 60 b. With the Consent of the Recipient ............................................................................61 c.Notiflcation by the Recipient......................................................................................61 2. Program Evaluation ....................................................................................................... 61 3. Period of Performance Extensions................................................................................. 61 4. Disability Integration..................................................................................................... 62 5. Conflicts of Interest in the Administration of Federal Awards or Subawards............... 63 6. Procurement Integrity .................................................................................................... 64 a.Important Changes to Procurement Standards in 2 C.F.R. Part 200........................... 65 b. Competition and Conflicts of Interest....................................................................... 65 c.Supply Schedules and Purchasing Programs ..............................................................66 d. Procurement Documentation..................................................................................... 68 7. Financial Assistance Programs for Infrastructure.......................................................... 68 a.Build America, Buy America Act............................................................................... 68 b. Waivers......................................................................................................................69 c.Deflnitions................................................................................................................... 69 8. Record Retention ........................................................................................................... 69 a.Record Retention Period............................................................................................. 69 b. Types of Records to Retain....................................................................................... 70 9. Actions to Address Noncompliance............................................................................... 71 10. Audits............................................................................................................................. 72 11. Payment Information ..................................................................................................... 73 12. Whole Community Preparedness................................................................................... 73 13. Report Issues of Fraud, Waste, Abuse........................................................................... 74 14. Extraordinary Circumstances......................................................................................... 74 FY 2024 FMA NOFO 1854 6 15. Good Jobs Initiative....................................................................................................... 75 16. Phased Projects .............................................................................................................. 76 a.Pre-Screening Process................................................................................................. 76 b. Phase I Award ........................................................................................................... 77 c.Phase II Award Amendment—Construction Process................................................... 78 d. Integrating Hazard Mitigation and Planning.............................................................78 17. Hazard-Resistant Building Codes.................................................................................. 78 18. Appendices..................................................................................................................... 79 a.Abbreviations.............................................................................................................. 79 b. Resources................................................................................................................... 80 FY 2024 FMA NOFO 1855 7 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 2024 Flood Mitigation Assistance 5. Funding Opportunity Number DHS-24-MT-029-000-98 6. Authorizing Authority for Program Section 1366 of The National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (codified as amended at 42 U.S. Code [U.S.C.] § 4104c); and Division J, Title V of the Infrastructure Investment and Jobs Act(IIJA) (Pub. L. No. 117-58), 135 Stat. 1387-1388 (2021). 7. Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2024, Pub. L. No. 118-47; and Division J, Title V of the IIJA, Pub. L. No. 117-58, 135 Stat. 1387-1388 (2021).3 8. Announcement Type Initial 9. Program Category Mitigation: Natural Hazards 10. Program Overview, Objectives, and Priorities a. Overview The FMA grant program makes federal funds available to states, U.S. territories, federally recognized tribal governments,4 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 by recognizing the growing flood hazards associated with 3 Any fiscal year(FY)2025 funding appropriated by the IIJA will become available in FY 2025,and that it will not be awarded/obligated until after the start of FY 2025. 4 The term"federally recognized tribal government,"as used in this funding opportunity,has the same meaning as"Indian Tribal government,"as defined at 44 Code of Federal Regulations(C.F.R.)§77.2(f). FY 2024 FMA NOFO 1856 8 climate changes 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. The program is partially funded through the IIJA, also known as Bipartisan Infrastructure Law (BIL,), which infused $3.5 billion in FMA grants over a 5-year period. b. Goals, Objectives, and Priorities The purpose of the FMA program is to reduce or eliminate the flood risk of repetitive flood damage to structures and buildings insured by the NFIP and to enhance community flood resilience within NFIP-participating communities. The FMA grant program funds three types of activities and projects: • Capability and Capacity Building Activities • Localized Flood Risk Reduction Projects • Individual Flood Mitigation Projects FMA encourages flood mitigation projects that will benefit multiple properties located in an NFIP-participating community.6 In addition, FMA aims to incentivize flood mitigation activities and projects that will benefit disadvantaged communities as referenced in Executive Order(EO) 14008: Tackling the Climate Crisis at Home and Abroad. In implementing the Justice40 Initiative, established in EQ 14008 and discussed in subsequent guidance, FMA will be identifying a disadvantaged community, also called 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 are Justice40 communities (whether or not they have land). In addition, census tracts that are completely surrounded by disadvantaged communities are also considered disadvantaged if they meet an adjusted low-income threshold (at or above the 50th percentile). Justice40 communities have been marginalized by underinvestment and overburdened by pollution, as identified by meeting or exceeding the threshold for at least one of the tool's eight categories of environmental, climate, or other burdens, along with the socioeconomic threshold. More information about the CEJST methodology, data sets, and downloadable files can be found on the CEJST website at https:Hscreenin�ztool.geoplatfonn.gov. Although the CEJST will be used to identify disadvantaged communities, FEMA's Grant Eduity Threshold Tool may also be used to further understand the population impacted by a proposed project and translate 5 Climate change is"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,changes in frequency and location of severe weather events,and changes to other features of the climate system." (htfi2s://nca2O23.globalchange.gov/cha tp er/ar)r)endix-5/.) 6 NFIP-participating community information can be found via the Community Status Book at httl2s://www.fema.gov/flood- insurance/work-with-nfip/community-status-book. 7 See also M-23-09,available at https://www.whitehoLise.gov/wp-content/uploads/2023/01/M-23-09 Signed®CEO CPO.pdf. FY 2024 FMA NOFO 1857 9 between census tract geographies identified by Justice40, Community Disaster Resilience Zones, and any broader area that may also benefit. c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan The FMA grant program 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 serves primarily to bolster Sub-Objective 5.1.1: Incentivize investments that reduce risk and increase pre-disaster mitigation, including expanding the use of insurance to manage risk through funding hazard mitigation activities and projects, particularly ones that reduce risk to NFIP-insured structures. Additionally, FMA's Capability and Capacity Building Activities also contribute to other sub- objectives. For example, planning, partnerships, and project scoping efforts help improve awareness initiatives to encourage public action to increase preparedness (Sub-Objective 5.1.2), use lessons from past disasters and exercises to inform community investment decisions and anticipate challenges that may emerge during future disasters (Sub-Objective 5.1.3), and coordinate and guide continuity of operations activities through partnerships with government and non-government stakeholders (Sub-Objective 5.1.5). The 2022-2026 FEMA Strategic Plan outlines a bold vision and three ambitious goals designed to address key challenges the agency faces during a pivotal moment in the field of emergency management: Goal 1—Instill equity as a foundation of emergency management, Goal 2—Lead the whole of community in climate resilience, and Goal 3—Promote and sustain a ready FEMA and prepared nation. Most notably, the FMA program supports Objective 1.2: Remove barriers to FEMA programs through a people-first approach, Objective 1.3: Achieve equitable outcomes for those we serve, and Objective 2.2: Build a climate-resilient nation. FMA also supports the National Mitigation Investment Strategy 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) may be funded, in whole or in part, with funds appropriated by the IIJA Pub. L. No. 117-5 8, 135 Stat. 1387-1388 (2021), also known as the 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. BIL authorizes FMA to provide an increased federal cost share for an NFIP property that is 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 BIL funds the activity. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and FY 2024 FAIM NOFO 1858 10 Transportation. Refer to Section C.5, Cost Share or Match of this funding opportunity. 11. Performance Measures The following key performance indicators provide strategic and relevant information to decision-makers and stakeholders about FMA's progress and success toward achieving its goals and objectives, and are based on measurable data that are available or could be feasibly collected: • Total number of NFIP-insured properties selected that are FMA- and/or NFIP-defined Severe Repetitive Loss (SRL), Repetitive Loss (RL), and Substantially Damaged. • Total federal cost share funding invested in or benefiting Justice40 communities identified using CEJST, as well as all federally recognized tribes or tribal entities. • Total dollar amount of flood losses avoided in projects or communities funded by FMA subapplications. FEMA recognizes that many effective resilience solutions, such as nature-based solutions, yield critical benefits that may not be monetizable. As such, FEMA notes that these key performance indicators are not determinative of whether an application to the FMA grant program is selected for funding. FEMA will further assess the recipient's performance against the program objective during the award closeout process as outlined in Section F.3.c of this funding opportunity. B. Federal Award Information 1. Available Funding for the NOFO: $600,000,000 a) Capability and Capacity Building Activities subtotal: $60,000,000 b) Localized Flood Risk Reduction Projects subtotal: $420,000,000 c) Individual Flood Mitigation Projects subtotal: $120,000,000 FEMA will distribute the available FY 2024 FMA funding amount and federal activity cap as follows: a. Capability and Capacity Building Activities • FEMA will select up to $60,000,000 Capability and Capacity Building Activities to develop future Localized Flood Risk Reduction Projects and/or Individual Flood Mitigation Projects that will subsequently reduce flood claims against the NFIP. o Capability and Capacity Building Activities will be prioritized and selected according to the following hierarchical order: Mitigation Plans under 42 U.S.C. § 4104c(c)(3)(F); Technical Assistance by States to Communities under 42 U.S.C. § 4104c(c)(3)(J); Project Scoping; and Additional Capability and Capacity Building Activities (Partnership Development to Conduct Eligible Mitigation Activities, Enhancing Local Floodplain Management, SRL/RL Strategy Development, and other eligible Capability and Capacity Building Activities under 42 U.S.C. § 4104c(c)(3)(G)). FY 2024 FMA NOFO 1859 11 o For more information, refer to the Capability and Capacity Building Activities fact sheet at https://www.fema.yov/grants/mitigation/floods/fma-resources • Capability and Capacity Building Activities federal activity cap per subapplication are: o $100,000 for Mitigation Plans under 42 U.S.C. § 4104c(c)(3)(F)per Applicant with maximums of: 1. $50,000 for state mitigation plan 2. $25,000 for local mitigation plan o $50,000 for Technical Assistance by States to Communities (42 U.S.C. § 4104c(c)(3)(J)) o $900,000 for Project Scoping o $300,000 for Additional Capability and Capacity Building Activities (Partnership Development to Conduct Eligible Mitigation Activities, Enhancing Local Floodplain Management, SRL/RL Strategy Development, Substantial Damage Procedures, and other eligible Capability and Capacity Building Activities under 42 U.S.C. § 4104c(c)(3)(G)) b. Localized Flood Risk Reduction Projects • FEMA will select up to $420,000,000 of Localized Flood Risk Reduction Projects that address community flood risk for reducing NFIP flood claim payments. o For more information, refer to the Localized Flood Risk Reduction Projects fact sheet at https://www.fema.�zov/rants/mitigation/floods/fma-resources and to the 2024 Hazard Mitigation Assistance Program and Policy Guide. • Localized Flood Risk Reduction Projects federal activity cap per subapplication is $50,000,000 per project. c. Individual Flood Mitigation Projects • FEMA will select at least$120,000,000 of Individual Flood Mitigation Projects that mitigate the risk of flooding to individual NFIP-insured structures. • Individual Flood Mitigation Projects do not have a federal activity cap. d. Funding for Applicant Management Costs is included in each of the priority funding caps provided for Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation Project caps. Applicants are authorized to receive up to 10 percent(%) of the awarded activities. For more information, see Section I, Management Costs, of this funding opportunity. e. For more information on FY 2024 FMA funding priorities and eligible activities, see Section E, Application Review Information, and Section E.2, Review and Selection Process, of this funding opportunity. f. For more information about uses of assistance under FMA, including how to submit various project types in FEMA Grants Outcomes (FEMA GO), refer to FMA resources at Resources for the Flood Mitigation Assistance Grant Program. FY 2024 FMA NOFO 1860 12 2. Projected Number of Awards: 40 awards; 725 subawards 3. Period of Performance: 36 months The period of performance (POP) is 36 months, starting on the date of the recipient's federal award. Given the complexity of the Localized Flood Risk Reduction Projects, the applicant may submit a request for a longer POP in the application for FEMA to review and approve. A longer POP for a Localized Flood Risk Reduction Project must be requested, documented, reasonable, and justified. Any subsequent amendments to the federal award will not extend the POP unless explicitly stated. Extensions to the POP are allowed. For additional information on POP extensions,please refer to Section H of this funding opportunity. FEMA awards under most programs, including this program, only include one budget period, so it will be same as the POP. See 2 C.F.R. § 200.1 for definitions of"budget period" and "period of performance." 4. Projected Period of Performance Start Date(s): Will vary by award 5. Projected Period of Performance End Date(s): 36 months from date of the award unless otherwise specified by FEMA 6. Funding Instrument Type: Grant C. Eligibility Information 1. Eligible Applicants a. States b. District of Columbia c. U.S. territories d. Federally recognized tribal governments Each state, U.S. territory, the District of Columbia, and federally recognized tribal government must designate one agency to serve as the applicant for FMA funding. The designee is strongly encouraged to conduct outreach with disadvantaged communities, as referenced in EO 14008, prior to and during the application process. Each applicant's designated agency may submit only one FMA grant application to FEMA. 2. Applicant Eligibility Criteria a. All applicants must be participating in the NFIP and not be withdrawn, on probation, or suspended. NFIP community status can be verified at https://www.fema.�zov/flood- insurance/work-with-nfip/community-status-book. b. Structures eligible for Individual Flood Mitigation Projects must have an NFIP policy (including a Group Flood Insurance Policy) 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 will apply during the life of FY 2024 FMA NOFO 1861 13 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 of the cost,part of the cost of the activity, or action not in compliance. For more information, see 44 C.F.R. § 77.6. c. Applicants are required to have a FEMA-approved State or Tribal Hazard Mitigation Plan in accordance with 44 C.F.R. Part 201 by the application deadline and at the time of obligation of the award. More detailed information is provided in Part 4. Eligibility and Requirements, C. Hazard Mitigation Plan Requirements, of the 2024 Hazard Mitigation Assistance Program and Policy Guide at hops://www.fem a.gov/grants/miti gati on/hazard-miti gati on-as si stance- i dance. d. To be considered for financial assistance, all applicants must submit their FY 2024 FMA grant applications to FEMA via FEMA GO. Refer to Section D, Application and Submission Information, of this funding opportunity. 3. Subawards and Beneficiaries a. Subaward allowability Communities who choose to apply as subapplicants, including local governments, cities, townships, counties, special district governments, and tribal governments (including federally recognized tribal nations 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 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 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. b. Subrecipient Eligibility All subapplicants must be participating in the NFIP and not be withdrawn, on probation, or suspended. NFIP community status can be verified via the Community Stars Book. Subapplicants are required to have a FEMA-approved Local or Tribal Hazard Mitigation Plan in accordance with 44 C.F.R. Part 201 by the application deadline and at the time of obligation of grant funds for Capability and Capacity Building Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation Project subapplications. Capability and Capacity Building Activities' Mitigation Plans subapplications are exempt from the hazard mitigation plan requirement for subapplicants only. Mitigation plan integration, while not required to be eligible for FY 2024 FMA NOFO 1862 14 FMA, is encouraged. For additional information, refer to Section H.14 of this funding opportunity. Local hazard mitigation plans must conform to the Local Mitigation Plan Review Guide, or any subsequent local mitigation planning guide that supersedes it. c. Beneficiaries or Participants This NOFO and any subsequent federal awards create no rights or causes of action for any participant or beneficiary. Individuals, businesses, and nonprofit organizations are not eligible to apply for FMA funds as an applicant or subapplicant; however, an eligible applicant or subapplicant may apply for funding on behalf of individuals, businesses, and nonprofit organizations. 4. Other Eligibility Criteria/Restrictions a. All activities under FMA must be in conformance with all criteria established by FEMA that is specific to the proposed activity found in the Hazard Mitigation Assistance Program and Policy Guide. All subapplications submitted under the Capability and Capacity Building Activities priority must demonstrate that the Capability and Capacity Building Activities will reduce flood claims against the NFIP. Capability and Capacity Building Activities should result in a resource, strategy, or tangible mitigation product that will reduce or eliminate risk and damage from future flooding and increase community resilience. b. All Capability and Capacity Building Activities, Localized Flood Risk Reduction Project subapplications, and Individual Flood Mitigation Project subapplications submitted as part of an FMA grant application must be consistent with the goals and objectives identified in the current, FEMA-approved State or Tribal (Standard or Enhanced) Mitigation Plan and the local mitigation plan for the jurisdiction in which the project is located. Hazard mitigation plans should reflect state-wide mitigation priorities across all potential federal and non-federal mitigation funding sources. Current mitigation plans are not required for applicants and subapplicants submitting Capability and Capacity Building Activities' Mitigation Plans subapplications to develop a new mitigation plan or to update a mitigation plan. c. On April 19, 2022, FEMA updated the State and Local Mitigation Planning Policy Guides. 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 (CRS) Activity 510 points, refer to Mation Planning and the Community Rating System KeyTopics 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 FY 2024 FMA NOFO 1863 15 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 atide (December 5, 2017). d. All subapplications submitted under the Capability and Capacity Building Activities' Project Scoping and Additional Capability and Capacity Building Activities priorities and Localized Flood Risk Reduction Project priority (see Section E, Application Review Information, of this funding opportunity) must demonstrate that the proposed project benefits NFIP-insured properties by submitting a map and associated geospatial file(s) (e.g., shapefile, Keyhole Markup Language [KML/KMZ], geodatabase, list of census tracts, or other geo-enabled documents) delineating the proposed project area or footprint boundary. For Localized Flood Risk Reduction Projects, only the benefiting area in alignment with hydrologic and hydraulic modeling, as available, should be delineated, except for Phased Project: Phase I. i. The map and associated geospatial file(s)will be used to determine if a project benefits or primarily benefits Justice40 communities. Justice40 communities are defined at the census tract level, but many project benefiting areas are across multiple census tracts, either partially or fully. ii. Although these tools should not be used to determine eligibility, subapplicants may use the Resilience Analysis and Planning Tool (RAPT)—which encompasses geospatial layers including National Risk Index (NRI) and Justice40—to understand the population impacted by a proposed project, delineate the area benefiting, and translate between census tract geographies identified by Justice40 or Community Disaster Resilience Zones. iii. Subapplicants may include narrative descriptions of population benefiting to supplement the data and shapefile provided, particularly in rural areas with limited population data or for projects benefiting geographically dispersed populations. iv. For Capability and Capacity Building Activities, if a proposed benefiting area map is not provided, FEMA will default to the subapplicant jurisdiction to determine NFIP benefits and CEJST for prioritization. e. All structure elevation, mitigation reconstruction, and dry floodproofing projects, and all projects where Hazard Mitigation Assistance funds are used for new construction, substantial improvement, or to address substantial damage to structures,8 must comply with the requirements of FEMA Policy 206-24-005: Federal Flood Risk Mannement Standard (FFRMS).9 i. 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 Refer to 44 C.F.R.--§-9.4 for the definitions of"new construction"and"sLibstantial.iiLi2roveiiient."Refer to 44_C.F.R.§_59.1 for the definition of"substantial damage." 9 Refer to FEMA.Policy.206-24-005: Federal Flood Risk Management Standard.(FFRMS). "Under 44 C.F.R.§9.1 l(d)(6),no action maybe taken if it is inconsistent with the criteria of the NFIP(44 C.F.R.Part 59 et seq.)or any more restrictive federal,state,or local floodplain management standards. FY 2024 FAIM NOFO 1864 16 ii. See E014030—Climate-Related Financial Risk and the 2024 Hazard Mitigation Assistance Program and Policy Guide. iii. Subapplicants can direct any questions about the proposed hazard mitigation project's location in the floodplain to their local floodplain manager and/or State Hazard Mitigation Officers. Contact information for the State Hazard Mitigation Officers is provided on the FEMA website at hLtp://www.fema.gov/state- hazard-mitigation-officers. f. 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. 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, consistent with the cybersecurity performance goals for critical infrastructure and control systems directed by the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (NSM-5), found at hllps://www.cisa.gov/control- system s-voal s-and-obi ecti ves. g. FEMA encourages the use of environmentally friendly construction practices when completing FMA projects. i. When subapplications include the use of concrete or asphalt products, FEMA encourages for the inclusion of low embodied carbon concrete and environmentally preferable asphalt. ii. Subrecipients should ensure that federally funded infrastructure investments reduce life cycle emissions of construction materials, specifically concrete, asphalt, and steel. iii. Subrecipients are encouraged to request disclosure of Environmental Product Declarations to evaluate and incentivize acquisition of these lower-carbon materials. iv. Subrecipients are encouraged to prioritize the use of American-made, lower- carbon construction materials, as referenced in the Federal Buy Clean Initiative. h. 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 [OMB'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 gqidance at hLtps://www.fema.gov/grants/Tolicy-guidance/bipartisan-infrastrticttire- law. Subrecipients that choose to include signage as a project cost must include in their grant reporting: the location of the signage on the project site to include the city, state, and project name; the number of signs on the project site; and a photograph of FY 2024 FAIM NOFO 1865 17 each sign with the date the photograph was taken. In the information that is reported relating to signage, subrecipients must not include any information that may be considered personally identifiable information. FEMA encourages the use of native vegetation when completing FMA hazard mitigation projects. Examples include: • Trees and shrubs can provide lowland habitat, channel shading, soil and bank stabilization, and aesthetic benefits. The use of native vegetation is strongly encouraged to support creation or restoration of habitat and to maintain natural ecosystem conditions. • Native vegetation planted on the slope above a revetment, as well as within the spaces between rocks in a revetment's face can increase stability and create habitat. • Appropriate native marsh vegetation is planted along the future marsh platform. In areas of very low wave energy, this may be all that is needed. • Native vegetation planted landward of a bulkhead can trap airborne sediment and reduce erosion in the case that a bulkhead is overtopped. 5. Cost Share or Match Cost share is required for most subapplications funded under this program. FEMA may contribute the federal cost share funding if available, as follows: a. Management Cost a. The applicant's management cost is 10% of the aggregate of all total subapplication budgets. Refer to Section D.13.d, Management Costs, for more information on management cost share. b. Capability and Capacity Building Activities federal cost share options: a. Up to 90% federal cost share funding if the average CDC SVI score is not less than 0.5001 for the benefiting area(s) substantiated by a benefiting area map, and BIL,must fund the activity. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Or b. Up to 75% federal cost share funding if a higher federal cost share is not available. c. Localized Flood Risk Reduction Projects federal cost share options: a. Up to 90% federal cost share funding if the average CDC SVI score is not less than 0.5001 for the project benefiting area containing NFIP-insured properties, and BIL,must fund the activity. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Or b. Up to 75% federal cost share funding if a higher cost share is not available. FY 2024 FMA NOFO 1866 18 d. Individual Flood Mitigation Projects federal cost share options and definitions: a. Up to 100% federal cost share funding for FMA-defined 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: o ([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 o ([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 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% of the market value of the structure at the time of each such flood event; and At the time of the second incidence of flood-related damage, the contract for flood insurance contains Increased Cost of Compliance (ICC) coverage. ii. To receive an increased federal cost share under these provisions, properties must meet the FMA RL definition. Applicants and subapplicants that are requesting an increased federal cost share must submit documentation with their application or subapplication demonstrating that properties meet this definition. c. Up to 90% federal cost share funding for each NFIP-insured property within a census tract with a CDC SVI score is not less than 0.5001, and the BIL,must fund the activity. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation; or FY 2024 FMA NOFO 1867 19 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 RL 90% federal cost share and the 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% federal cost share and 25%non-federal cost share. This means federal funding is available for up to 75% of eligible costs. The remaining 25% of eligible costs must be derived from non-federal sources. For example, if the total cost of the activity is $400,000 and the non-federal cost share is 25%, then the non-federal contribution is $100,000: 25% of$400,000 is $100,000. The non-federal contribution would be provided by the applicant or subapplicant. Likewise, the federal cost share of that activity would be $300,000: 75% of$400,000 is $300,000. FEMA would provide the federal contribution. FEMA may consider the non-federal cost share based on availability of remaining federal funds, as noted in Section E, Application Review Information, of this funding opportunity. As a result of FMA funding made available under the BIL, FEMA may contribute up to 90% federal cost share for qualifying FY 2024 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 the CDC/Agency for Toxic Substances and Disease Registry SVI webpage. When BIL,funding is exhausted, the enhanced cost share for properties with CDC SVI not less than 0.5001, as determined by FEMA, cannot be extended to the remaining funds made available in the FY 2024 FMA NOFO. Structures with different federal cost share requirements can be submitted in a single project subapplication. The overall project federal cost share documented in the Cost Share section of the project subapplication should reflect the combined federal cost shares of the structures. For example, in an Individual Flood Mitigation Project subapplication, a project with $100,000 costs for one SRL structure funded at 100% federal cost share plus $100,000 costs for one RL structure funded at 90% federal cost share will have an overall project federal cost share of 95%, or $190,000, of the $200,000 total cost for both structures. For insular areas including American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands, FEMA automatically waives the non-federal cost share for the recipient when the non-federal cost share for the entire award is under $200,000. If the non-federal cost share for the entire award is $200,000 or greater, FEMA may waive all or part of the non-federal cost share at the request of the recipient. The recipient may request 100% cost share in its application. The non-federal cost share may consist of cash; donated or third-party, in-kind services; materials; or any combination thereof. Cash and third-party, in-kind matches must consist of eligible costs (i.e., same eligibility as the federal share). Applicants cannot apply other federal award funds toward the non-federal cost share unless the other federal statutory FY 2024 FMA NOFO 1868 20 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 (Safeguarding Tomorrow RLF)Program loans may be eligible for non-federal cost share funding. For more information, visit the Safeguarding Tomorrow RLF webpage.In addition, in certain situations, U.S. Department of Housing and Urban Development Community Development Block Grant Disaster Recovery program funds, U.S. Small Business Administration disaster loans, U.S. Department of Agriculture Rural Development Single Family Housing Direct Home Loans or Single Family Repair Loans, the U.S. Department of Defense's Readiness and Environmental Protection Integration 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.11 Refer to the Hazard Mitigation Assistance Cost Share Guide for more information. FEMA encourages innovative use of public and private-sector partnerships to meet the non-federal cost share. FMA funding cannot be used as matching funds for another federal grant. Additionally, third-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. More detailed information is provided in Part 4. Eligibility and Requirements, Section L: Cost Share of the 2024 Hazard Mitigation Assistance Program and Policv Guide. D. Application and Submission Information 1. Key Dates and Times a.Application Start Date: 0110612025 b.Application Submission Deadline: 0411812025 at 3:00 p.m. Eastern Time (ET) All applications must be received by the established deadline. FEMA deadlines listed in this funding opportunity refer to application deadlines for the applicants. Subapplicants should consult with their applicant agency to confirm subapplication deadlines to the applicant, if applicable. FEMA GO automatically records proof of timely submission, and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative (AOR)role that submitted the 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.. FY 2024 FMA NOFO 1869 21 application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see Section D.9, Timely Receipt Requirements and Proof of Timely Submission, of this NOFO. 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 notify FEMA in a timely manner 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, DHS Awarding Agency Contact Information, of this NOFO. For technical assistance with the FEMA GO system, contact the FEMA GO Helpdesk at femagoL&fema.dhs.gov or(877) 585-3242, Monday through Friday, 9:00 a.m. through 6:00 p.m. ET. For programmatic or grants management questions, contact your Program Analyst or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, contact the fema-grants- news(r&fema.dhs.gov, Monday through Friday, 9:00 a.m. through 5:00 p.m. ET. c. Other Key Dates Event Su22ested Deadline for Completion Obtaining Unique Entity Identifier(UEI)number Four weeks before actual submission deadline Obtaining a valid Employer Identification Number Four weeks before actual submission deadline (EIN) Creating an account with login.gov Four weeks before actual submission deadline Registering in System for Award Management (SAM) or a datin SAM registration Four weeks before actual submission deadline Registering organization in FEMA GO Prior to beginning application Submitting complete application in FEMA GO One week before actual submission deadline 2. Agreeing to Terms and Conditions of the Award By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award. 3. Address to Request Application Package Applications are processed through the FEMA GO system. To access the system, go to https:Hgo.fema.gov/. FY 2024 FMA NOFO 1870 22 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, DHS Awarding Agency Contact Information, of this NOFO or by teletypewriter(TTY): (800) 462-7585. 4. Requirements: Obtain a UEI and Register in the System for Award Management (SAM. ov Each applicant, unless they have a valid exception under 2 C.F.R. § 25.110, must: a. Be registered in Sam.gov before application submission. b. Provide a valid UEI in its application. c. Continue to always maintain an active SAM registration with current information during the federal award process. Per 2 C.F.R. § 25.300, subrecipients are NOT required to go through the full SAM registration process. First-tier subrecipients (meaning entities receiving funds directly from the recipient) are only required to obtain a UEI through SAM, but they are not required to complete the full SAM registration to obtain a UEI. Recipients may not make subawards unless the subrecipient has obtained and provided the UEI. Lower-tier subrecipients (meaning entities receiving funds passed through by a higher-tier subrecipient) are not required to have a UEI and are not required to register in SAM. Applicants are also not permitted to require subrecipients to complete a full registration in SAM beyond obtaining the UEI. 5. Required to Obtain a Unique Entity Identifier, Register in the SAM, and Submit an Application Applying for an award under this program is a multistep process and requires time to complete. Applicants are encouraged to register early as the registration process can take 4 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. 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 UEI number and EIN from the Internal Revenue Service. b. In the application,provide a UEI number. c. Have an account with lon.gov. d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application. e. Register in FEMA GO, add the organization to the system, and establish the AOR. The organization's electronic business point of contact from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.a,o�v/,.r ants/ idance-tools/fema-go/starttip. f. Submit the complete application in FEMA GO. FY 2024 FMA NOFO 1871 23 g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant's immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last 3 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, if an applicant is experiencing exigent circumstances that prevents it from obtaining a 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- news(- fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain a 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 FEMA GO. 7. How to Register to Apply a. General Instructions: Registering and applying for an award under this program is a multistep 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 4 weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission. FY 2024 FMA NOFO 1872 24 Organizations must have a UEI number, an EIN, an active SAM registration and Grants.gov account to apply for a federal award under this funding opportunity. b. Obtain a UEI Number: All entities applying for funding, including renewal funding, 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 EIN. The EIN can be obtained from the Internal Revenue Service by visiting hops://www.irs.gov/businesses/small- businesses-self employed/apply-for-an-employer-identification-number-ein-online. d. Create a login.gov Account: Applicants must have a login.gov account to register with SAM or update their SAM registration. Applicants can create a login.gov account here: hgps:Hsecure.login. og v/sign 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 https://www.sam.�zov/SAM/ public/lo�zinFAQ.isf. e. Register with SAM: All applicants applying online through FEMA GO must register with SAM. Failure to register with SAM will prevent an applicant from completing the application in FEMA GO. SAM registration must be renewed annually. Organizations will be issued a UEI number with the completed SAM registration. For more detailed instructions for registering with SAM, refer to https:Happly07.grants...o� v/help/html/help/Register/RegisterWithSAM.htm. 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 3 years, if applicable. I. ADDITIONAL SAM REMINDERS Existing SAM.gov account holders should check their account to make sure it is active. SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being inactive. Allow plenty of time before the grant application submission deadline to obtain a UEI number and then to register in SAM. It may be 4 weeks or more after an applicant submits FY 2024 FMA NOFO 1873 25 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. Ensure that your organization's name, address, and EIN are up-to-date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient's having a current SAM registration. H. HELP WITH SAM The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA)to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, contact the Federal Support Desk at hops://www.fsd. ovg /fsd- �zov/home.do or call toll-free (866) 606-8220. f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR: Applicants must register in FEMA GO and add their organization to the system. The organization's electronic business point of contact from the SAM registration may need to be involved in this step. For step-by-step instructions, see hqps://www.fema.gov/grants/guidance-tools/fema:gg/,starttip. FEMA GO will support only the most recent major release of the following browsers: i. Google Chrome ii. Internet Explorer iii. Mozilla Firefox iv. Apple Safari v. Microsoft Edge Users who attempt to use tablet-type devices or other browsers may encounter issues with using FEMA GO. 8. Submitting the Application Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10, Content and Form of Application Submission, of this NOFO. The Standard Forms (SF) may be accessed in the Forms tab under the his://„rg ants.gov/forms/forms-repository/sf-424-family. Applicants should review these forms before applying to ensure they have all the information required. After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application. For additional application submission requirements, including program-specific requirements, refer to Section D.10, Content and Form of Application Submission, of this NOFO. FY 2024 FMA NOFO 1874 26 9. Timely Receipt Requirements and Proof of Timely Submission All applications must be completed in FEMA GO by the application deadline. FEMA GO automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the AOR role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the application. Applicants who experience system-related issues will be addressed until 3:00 p.m. ET on Wednesday,April 16, 2025. No new system-related issues will be addressed after this deadline. Applications not received by the application submission deadline will not be accepted. 10. Content and Form of Application Submission a. Standard Required Application Forms and Information The following forms or information are required to be submitted via FEMA GO. The SF are also available at https:H rants. ov/forms/forms-repository/sf 424-family: • 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 Generally, applicants have to submit either the non-construction forms (i.e., SF-424A and SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning that applicants that only have construction work and do not have any non-construction work need only submit the construction forms (i.e., SF-424C and SF-424D) and not the non-construction forms (i.e., SF-424A and SF-424B), and vice versa. However, applicants who have both construction and non-construction work under this program need to submit both the construction and non-construction forms. b. Program Specific Required Forms and Information The following program-specific forms or information are required to be submitted in FEMA GO: Applicants may require their subapplicants to complete and attach the grant application and/or Assurance and Certifications forms to their Capability and Capacity Building Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation Project subapplications in FEMA GO. Subapplicants should contact their applicant agency for information specific to their state/territory/federally recognized tribal government's application process. Contact FY 2024 FMA NOFO 1875 27 information for the State Hazard Mitigation Officers is provided on the FEMA website at https://www.fema.gov/state-hazard-mitigation-officers. All applicants must submit an FMA grant application via FEMA GO by the application deadline to be considered for funding. The required format for applications and subapplications is built into FEMA GO: • FMA applications, including Capability and Capacity Building Activities (Mitigation Plans under 42 U.S.C. § 4104c(c)(3)(F)), Technical Assistance by States to Communities (42 U.S.C. § 4104c(c)(3)(J)), Project Scoping, Additional Capability and Capacity Building Activities (including Partnership Development to Conduct Eligible Mitigation Activities, Enhancing Local Floodplain Management, SRL/RL Strategy Development, and other eligible Capability and Capacity Building Activities under 42 U.S.C. § 4104c(c)(3)(G)), Localized Flood Risk Reduction Project, Individual Flood Mitigation Project, and Management Costs subapplications, must be submitted in an FY 2024 FMA application. o Mitigation Plans must be submitted in a"plan" subapplication type. o Technical Assistance by States to Communities must be submitted in a "technical assistance" subapplication type. o Project Scoping must be submitted in a"project scoping" subapplication type. o Additional Capability and Capacity Building Activities must be submitted in a"project scoping" subapplication type. o Localized Flood Risk Reduction Project and Individual Flood Mitigation Project must be submitted in a"project" subapplication type. o Applicant Management Costs must be submitted in a"management costs" subapplication type. For additional information, refer to Section D.13.c, Management Costs. 11. Other Submission Requirements a. National Environmental Policy Act(NEPA)Requirement for Hazard Mitigation Projects Applicants and subapplicants applying for hazard mitigation projects (Localized Flood Risk Reduction Project and/or Individual Flood Mitigation Project)must provide information needed to comply with the NEPA (42 U.S.C. §§ 4321 through 4370h) and the related DHS and FEMA instructions and directives (i.e., DHS Directive 023-01,12 DHS Instruction Manual 023-01-001-01,13 FEMA Directive 108- 1,14 and FEMA Instruction 108-1-1,15 which can be accessed at https://www.fema.gov/emercy-mana emirs/practitioners/environmental- 12 DHS Directive 023-01is titled Implementation of the National Environmental Policy Act. 13 DHS Instruction Manual 023-01-001-01 is titled Implementation of the National Environmental Policy Act(NEPA). 14 FEMA Directive 108-1 is titled Environmental Planning and Historic Preservation Responsibilities and Program Requirements. 15 FEMA Instruction 108-1-lis titled Instruction on Implementation of the Environmental Planning and Historic Preservation Responsibilities and Program Requirements. FY 2024 FMA NOFO 1876 28 historic/laws/ehp-directive-instruction). The required information is included in the subapplication in FEMA GO. Environmental Planning and Historic Preservation (EHP)job aids and supplements are available on the Hazard Mitigation Assistance Job Aids and Environmental & Historic Preservation Guidance for FEMA Grant Applications webpages. b. Benefit-Cost Analysis (BCA).for Hazard Mitigation Projects Applicants and subapplicants applying for hazard mitigation projects must provide a BCA or other documentation that validates cost-effectiveness. Through the development of the BCA Toolkit, FEMA created a standardized methodology, specific to mitigation activities, to ensure consistency across applicant and subapplicant BCAs. In addition to the BCA Toolkit, FEMA provides several streamlined methodologies to demonstrate cost-effectiveness; applicants and subapplicants should use one of the three standard approaches. In no case will FEMA award a hazard mitigation project that is not cost-effective. Further details on hazard mitigation project cost-effectiveness can be found in the HMA Guide...Part.5...Cost-Effectiveness, or on the Benefit-Cost Analysis web a e. c. 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 hLtps://www.fema.gov/sites/defatilt/files/documents/fema fon-n- ff-2 06-fv-2 LI-_l 24.2df, Subrecipients must apply deed-restriction language to all acquired properties to ensure that the property is maintained in perpetuity as open space consistent with the conservation of natural floodplain functions, as agreed to by accepting FEMA mitigation award funding. Deed-restriction language is applied to acquired properties by recording the open space and deed restrictions. The FEMA Model Deed Restriction is available at htti)s://www.fema.�ov/sites/defatilt/files/2020- 08/fema model-deed-restri cti on.pdf. 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. d. Go/No-Go Milestones The subapplicant, in coordination with the applicant, must identify at least one or more Go/No-Go milestones in the work schedule for a Localized Flood Risk Reduction Project that is a Phased Project. A Go/No-Go milestone is a major milestone in the project that, if not completed on time, may result in a cancellation of the subaward. Progress towards meeting the Go/No-Go milestones must be reported in the quarterly progress reports submitted to the recipient and FEMA. At these Go/No-Go milestones, FEMA will evaluate project performance, schedule adherence, and contribution to FEMA's program goals and objectives. FY 2024 FAIM NOFO 1877 29 12. Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state's Single Point of Contact(SPOC)to comply with the state's process under EO 12372. (See https://www.archives.gov/federal-register/codification/executive-order/12372.htm1 and Intergovernmental Review [SPOC List] [whitehouse.gov].) 13. Funding Restrictions and Allowable Costs All costs charged to federal awards (including both federal funding and any non-federal matching or cost sharing funds)must comply with applicable statutes, rules and regulations, policies, this NOFO, and the terms and conditions of the federal award. They must also 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 federal award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered within the budget period (2 C.F.R. § 200.403(h)). The following identifies a list of activities for which a recipient may not use federal funds and any cost sharing or matching funds under federal awards: • Matching or cost sharing requirements for other federal grants and cooperative agreements (see 2 C.F.R. § 200.306). • Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. § 200.450. • Prosecuting claims against the federal government or any other government entity (see 2 C.F.R. § 200.435). See subsections below for information on any other funding restrictions. 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 at 2 C.F.R. Part 200, Subpart E. 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 FY 2024 FMA NOFO 1878 30 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, reference 2 C.F.R. Part 200. More detailed information is available in Part III, E.1, Eligible Activities, of the 2024 Hazard Mation Assistance Program and Policv Guide. a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Recipients, subrecipients, and their contractors must comply with the prohibitions set forth in Section 889 of the John S. McCain National Defense Authorization Act for FY 2019, Pub. L. No. 115-232 (2018) (FY 2019 NDAA); 2 C.F.R. §§ 200.216, 200.327, 200.471; and Appendix 11 to 2 C.F.R. Part 200. The FY 2019 National Defense Authorization Act(NDAA) and these regulations, as they apply to recipients, subrecipients, and their contractors and subcontractors,provide for two distinct prohibitions: (1)prevent the use of federal award funds to procure or obtain covered telecommunications equipment or services; and(2)prevent the use of federal award funds to contract with an entity that uses such covered telecommunications equipment or services. Guidance is available at FEMA Policy 4405-14-1—Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services. Additional guidance is available at Contract Provisions Guide: Navigating Appendix II to Part 00—Contract Provisions for Non-Federal Entitv Contracts Linder Federal Awards (fema.gov). 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. • 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. FY 2024 FMA NOFO 1879 31 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 public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the U.S. 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 telephones, 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.5, 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. FY 2024 FMA NOFO 1880 32 • 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 5, 2023. 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 wetland 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 Hazard Mitigation Assistance and federal requirements (see Pub. L. No. 117-332). If any pre-award activities related to developing an FMA grant application or subapplication result in ground disturbance, the applicant or subapplicant must comply with all applicable federal, state, and local laws and regulations, and obtain any applicable environmental permits and clearances. The applicant or subapplicant must ensure monitoring of ground disturbance, and if any potential archaeological resources are discovered, work will immediately cease, and the appropriate state authority will be notified. Applicants and subapplicants who are not selected for awards or subawards, or do not meet the requirements of the HELP Act(if seeking reimbursement under HELP Act), will not receive reimbursement for the corresponding pre-award costs. c. Indirect Facilities and Administrative (F&A) Costs Indirect F&A costs (IDC) mean those costs incurred for a common or joint purpose, benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. IDC are allowable by the recipient(and subrecipients), as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated IDC rate agreement who desire to charge indirect costs to a federal award must provide a copy of their IDC rate agreement with their applications. Not all applicants are required to have a current negotiated IDC rate agreement. Applicants that are not required to have a negotiated IDC rate agreement but are required to develop an IDC rate proposal must provide a copy of their proposal with their applications. Applicants who do not have a current negotiated IDC rate agreement(including a provisional rate) and wish to charge the de minimis rate must reach out to FEMA for further instructions. Applicants who wish to use a cost allocation plan in lieu of an IDC rate proposal must reach out to the FEMA point of contact for further instructions. As it relates to the IDC for subrecipients, a recipient must follow the requirements of 2 C.F.R. §§ 200.332 and 200.414 in approving the IDC rate for subawards. d. Management Costs Applicants and subapplicants are eligible to request up to 10% and 5%, respectively, of the total costs (federal and non-federal shares) for management costs in accordance with 44 C.F.R. § 77.7(a)(1). Once management cost amount has been calculated, the applicant and subapplicant must determine the federal and non-federal cost shares of that management cost. Applicants will submit a single subapplication for FY 2024 FMA NOFO 1881 33 management cost, and subapplicants will submit management cost request as a line item within their subapplication. The subapplicant may request for management costs up to 5% of the total funds requested. For example, a subapplicant submits a subapplication with total project cost of$500,000. The management cost could be up to $25,000 ($500,000 multiplied by 5%, which is equal to $25,000). The subapplicant's federal cost share of management cost is the same as the federal cost share of the total project cost. Subapplicant management cost activities must be added to the Scope of Work section and identified in the Cost Estimate section of subapplications. Applicants may request for management costs up to 10% of the activities awarded (federal and non-federal shares). The applicant's federal cost share of management cost is based on the overall federal cost share to total cost share ratio of all subapplications submitted. Applicant requests for management costs must be submitted in a separate management costs subapplication. Applicant management cost and cost share example: An applicant has received multiple subapplications with total project costs of$1,000,000. The applicant requests the maximum allowed 10% of the total project costs as the requested total management costs, $1,000,000 multiplied by 10%, which is equal to $100,000. Management costs will be subject to a federal and non-federal cost match. To calculate the federal cost share match, the applicant calculates the total federal cost share for all subapplications and divides it by the total project cost. In this example, the total federal cost share match for the project is $930,000 of the $1,000,000 total project costs, which is a 93% aggregate federal cost share. The total non-federal cost share match in the example is the remaining 7% aggregate, or $70,000. The applicant would then calculate the management cost federal and non-federal cost shares. The management cost federal cost share is calculated as the requested management costs of$100,000 multiplied by 93%. Therefore, the management cost non-federal cost share is 7%multiplied by the total requested management costs of $100,000, which equals $7,000. A visual example of these calculations is shown in the subsequent table. FY 2024 FMA NOFO 1882 34 Applicant Management Cost and Cost Share Example Applicant Total Project Applicant Aggregate Federal Cost Aggregate Non-federal Eligible Eligible Applicant Cost Requested Share for all Cost Share for all Applicant Management Cost Management Cost Subapplications(1/o) Subapplications(1/o) Management Non-Federal Cost Subapplication Cost Federal Share (Total Cost) Cost Share($) $1,000,000 $100,000 93% 7% $93,000 $7,000 Subapplication 1: Calculation: Subapplication 1: Subapplication 1: Calculation: Calculation: Total Project Cost 10%x$1,000,000 Federal share Non-federal share $100,000 x 93% $100,000 x 7% $310,000 = $300,000 $10,000 = _ + $100,000 + + $93,000 $7,000 Subapplication 2: Subapplication 2: Subapplication 2: Total Project Cost Federal share Non-federal share Maximum Applicant $230,000 $210,000 $20,000 Applicant management cost + + + management non-federal share Subapplication 3: Subapplication 3: Subapplication 2: cost federal Total Project Cost Federal Share Non-federal share share $460,000 $420,000 $40,000 Total cost equal Total federal cost Total non-federal cost $930,000 $70,000 $1,000,000 $1,000,000 of total $1,000,000 of total project costs project costs Calculation: Calculation: ($930,000/$1,000,000) ($70,000i$1,000,000) 93% 7% 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%). Use of the applicant management costs must be distinct from subapplicant management costs and must adhere to the stated use, even if being used by the same entity. The total management costs may 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 (IFFR) by FEMA • Delivery of technical assistance (e.g.,plan reviews,planning workshops, training)to support the implementation of hazard mitigation activities • Managing awards (e.g., quarterly reporting including managing Go/No-Go milestones for mitigation projects, closeout) • Technical monitoring (e.g., site visits, technical meetings) • Purchase of equipment,per diem and travel expenses, and professional development that is directly related to the implementation of Hazard Mitigation Assistance programs • Staff salary costs directly related to performing the activities listed above FY 2024 FMA NOFO 1883 35 See Section D.10, Content and Form of Application Submission. 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, BCA assistance, and engineering feasibility of hazard mitigation projects; or expected savings to the National Flood Insurance Fund from expected avoided damages through acquisition or relocation activity • Eligibility and availability of non-federal cost share • Consistency with approved State Mitigation Plan and Local and/or Tribal Hazard Mitigation Plan • Conformance with all applicable federal, state, local, territorial and tribal federal environmental and historic preservation laws, EOs, regulations, and policies, as applicable • Proposed project will solve a problem independently, or constitute a functional portion of a long-term solution where there is assurance that the project as a whole will be completed • Requested funds do not duplicate benefits available from another source for the same purpose or assistance that another federal agency or program has more primary authority to provide Subapplicants are exempt from the hazard mitigation plan requirement for subapplications under Capability and Capacity Building Activities to develop Mitigation Plans. A hazard mitigation plan is required for all other Capability and Capacity Building Activities subapplications. For more detailed information, see Part VI, Application Review Information, of the 2024 Hazard Mitigation Assistance Program and Policy Guide. For more information on how FEMA scores subapplications, see Section E.2.a, Selection Order. 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 OMB-designated repositories of government-wide eligibility qualification or financial integrity information, including whether SAM.gov identifies the applicant as being excluded from receiving federal awards or is flagged for any integrity record submission. FEMA may also pose additional questions to the applicant to aid in FY 2024 FMA NOFO 1884 36 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 by 41 U.S.C. § 2313 and 2 C.F.R. § 200.206(a)(2) to review and consider any information about the applicant, including information on the applicant's immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the SAM, which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS). ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant's integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206. 2. Review and Selection Process a. Selection Order FEMA will select subapplications up to the available funding amount of$600 million in the following order: L CAPABILITY AND CAPACITY BUILDING ACTIVITIES—UP TO$60 MILLION Mitigation Plans under 42 U.S.C. § 4104c(c)(3)(F) FEMA will select highest ranked eligible subapplication(s) for the development or update of a Mitigation Plan(s) of$100,000 per applicant for mitigation plan with maximums of$50,000 for state mitigation plans, and $25,000 for local mitigation plans federal cost share. Mitigation Plan subapplications will be evaluated to ensure that the result will provide benefits to the NFIP. Technical Assistance by States to Communities (42 U.S.C. § 4104c[c][3][J]) FEMA will select highest ranked eligible subapplication(s) for Technical Assistance by States to Communities of$50,000 per applicant. To be eligible to receive this funding, the applicant must have received an FY 2023 FMA FY 2024 FMA NOFO 1885 37 award of at least$1 million federal cost share. Technical Assistance by States to Communities funding is provided to maintain a viable FMA program over time. Project Scoping FEMA will select the highest ranked eligible subapplication(s) for Project Scoping not to exceed $900,000 federal cost share per subapplicant. Project Scoping can be used to obtain data and to prioritize, select, and develop future Localized Flood Risk Reduction Projects and/or Individual Flood Mitigation Projects based on current FEMA-approved mitigation plans. Project Scoping subapplications will be evaluated to ensure that the result will lead to an eligible project subapplication that will provide benefits to the NFIP. Consideration of Project Scoping early in the decision-making process can help facilitate the development of a viable project, as well as project implementation. FY 2024 Project Scoping projects are not eligible for FY 2024 Localized Flood Risk Reduction Project or Individual Flood Mitigation Project funding. There is no guarantee for future FMA project funding if Project Scoping is awarded. All Project Scoping subapplications must submit a map and associated geospatial file(s) (e.g., shapefile, KML/KMZ, geodatabase, list of census tracts, or other geo- enabled documents) delineating the area that will benefit from the project. If a proposed benefiting area map is not provided, FEMA will default to the subapplicant jurisdiction to determine NFIP benefits and CEJST for prioritization. Additional Capability and Capacity Building Activities FEMA will select the highest ranked eligible subapplication(s) for Additional Capability and Capacity Building Activities, not to exceed $300,000 federal cost share per subapplicant. Additional Capability and Capacity Building Activities enhance the knowledge, skills, expertise, etc., of the current workforce to expand or improve the administration of FMA. This includes activities in the following sub-categories: Partnership Development to Conduct Eligible Mitigation Activities, Enhancing Local Floodplain Management, SRL/RL Strategy Development, Substantial Damage Procedures, and other eligible Capability and Capacity Building Activities under 42 U.S.C. § 4104c(c)(3)(G). All Additional Capability and Capacity Building Activities subapplications must submit a map and associated geospatial file(s) (e.g., shapefile, KML/KMZ, geodatabase, list of census tracts, or other geo-enabled documents) delineating the area that will benefit from the project. If a proposed benefiting area map is not provided, FEMA will default to the subapplicant jurisdiction to determine NFIP benefits and CEJST for prioritization. Mitigation Plans, Technical Assistance by States to Communities, Project Scoping, and Additional Capability and Capacity Building Activities subapplications have different funding caps indicated above. FY 2024 FMA NOFO 1886 38 II. CAPABILITY AND CAPACITY BUILDING ACTIVITIES PRIORITIZATION All eligible Mitigation Plans and Technical Assistance by States to Communities subapplications will be funded based on eligibility. FEMA will then select the remaining highest ranked eligible Capability and Capacity Building Activities subapplication(s) from each applicant according to the following hierarchical order: Project Scoping and then Additional Capability and Capacity Building Activities (Partnership Development to Conduct Eligible Mitigation Activities; Enhancing Local Floodplain Management; SRL/RL Strategy Development; and other eligible Capability and Capacity Building Activities under 42 U.S.C. § 4104c[c][3][G]). All Project Scoping and Additional Capability and Capacity Building Activities subapplications will be scored and selected based on the priorities in the following table, as needed. The subapplications will be selected based on cumulative score, from highest to lowest. Final Priority Scoring Criteria for Capability and CapacityBuilding Activities Availa le Priority Description Points, Justice40 Justice40 community, also called a disadvantaged Up to 8 Community or community, is identified using the Version 1.0 of the Community CEJST. Justice40 communities are considered Disaster Resilience disadvantaged if they are in census tracts that meet the Zones thresholds for at least one of the tool's categories of burden or if they are on lands within the boundaries of federally recognized tribes. In addition, census tracts that are completely surrounded by disadvantaged communities are also considered disadvantaged if they meet an adjusted low- income threshold(at or above the 50th percentile). Justice40 communities have been marginalized by underinvestment and overburdened by pollution. Further, all federally recognized tribes or tribal entities are Justice40 communities (whether or not they have land). Community Disaster Resilience Zone is defined in 42 U.S.C. § 5136(a)(1), and all Community Disaster Resilience Zones are in Justice40 communities. For a complete listing of FEMA-identified Community Disaster Resilience Zones, refer to hLtps://www.fema.gov/flood- map s/products-tool s/nati onal-ri sk-i ndex/communi ly- disaster-resilience-zones. Subapplications will receive 8 points if the Community and Capacity Building (C&CB)Activities primarily benefit a Community Disaster Resilience Zone. FY 2024 FMA NOFO 1887 39 Final Priority Scoring Criteria for Capability and CapacityBuilding Activities ' 1 ,Available OR Subapplications will receive 6 points if the Capability and Capacity Building Activities primarily benefit a Justice40 community. Full and partial points are assigned to this category. RL Strategy FEMA recognizes the value of local identification and 5 Substantial Damage planning for the mitigation of repetitive and substantially Procedures damaged structures. Subapplications will receive 5 points if the proposed activity includes completion of a comprehensive RL strategy that includes Substantial Damage Procedures. CRS Participation The CRS recognizes and encourages community floodplain 3 management activities that exceed the minimum NFIP standards. Depending on the level of participation, flood insurance premium rates for policyholders can be reduced by up to 45%. Subapplications will receive 3 points if they are a participant in CRS. No partial points are assigned to this category. Cooperating The CTP is a qualified partnership program in which 3 Technical communities commit to collaborate in maintaining up-to- Assistance Partners date flood hazard maps and other flood hazard information. Program (CTP) Participation Subapplicants will receive 3 points if they are a CTP- participating community. No partial points are assigned to this category. Public and Private- FEMA encourages innovative use of public and private 2 Sector Partnerships sector partnerships, including incentivizing private organizations and businesses that partner with public organization to meet the non-federal cost share. Subapplication will receive 2 points if the subapplication incorporates partnerships (e.g., state, tribal,private, local community)that will ensure the project meets community needs, including those of overburdened and underserved populations, and show the outcome of those partnerships (e.g., leveraging resources such as financial, material, and educational resources, coordinating multi jurisdictional projects, heightened focus on equity related issues). No partial points are assigned to this category. FY 2024 FMA NOFO 1888 40 In case of a tie, FEMA will use CEJST, Community Disaster Resilience Zone, or the total dollars in NFIP claims paid in the subapplicant's jurisdiction in the past 5 years as a tiebreaker for projects. After meeting the $60 million available for Capability and Capacity Building Activities, or when all eligible Capability and Capacity Building Activities subapplications have been selected, FEMA will select eligible subapplications for the remaining funds in the following order. III.LOCALIZED FLOOD RISK REDUCTION PROJECT—UP TO$420 MILLION FEMA will then select the highest ranked eligible Localized Flood Risk Reduction Project subapplication(s)based on the FEMA scoring criteria below. In the event of a tie between two or more Localized Flood Risk Reduction Project subapplications, FEMA will use CEJST, Community Disaster Resilience Zone, or the total dollars in NFIP claims paid in the subapplicant's jurisdiction in the past 5 years for the project benefiting area as a tiebreaker for projects. Each subapplication will not exceed$50 million federal cost share. FEMA will convene an internal review panel to ensure that projects will provide benefits to the NFIP, in accordance with 44 C.F.R. Part 77 and the 2024 Hazard Mitigation Assistance Program and Policy Guide. The Localized Flood Risk Reduction Project internal review panel will include experts from across FEMA to broaden understanding of project benefits. Panelists will consider Localized Flood Risk Reduction Project subapplications holistically to determine if the projects will provide benefits to the NFIP, including but not limited to, the context of the project scale, community scale, transformative mitigation potential, and alignment with the Justice40 Initiative. All Localized Flood Risk Reduction Project subapplications must include the following elements: • Demonstrate that the proposed project benefits NFIP-insured properties by submitting a map and associated geospatial file(s) (e.g., shapefile, KML/KMZ, geodatabase, list of census tracts, or other geo-enabled documents) delineating: o The proposed project location or footprint boundary o Area with reduced flood risk or benefiting area(in alignment with hydrologic and hydraulic modeling, as available, except for Phase I proj ects) o Active NFIP policies (if data are available) Eligible activities must benefit NFIP-insured properties. Examples include, but are not limited to: • Localized flood control • Floodwater storage and diversion • Floodplain and stream restoration FY 2024 FMA NOFO 1889 41 • Stormwater management • Wetland restoration/creation Subapplications will be scored and selected based on the priorities in the following table, as needed. The subapplications will be selected based on cumulative score, from highest to lowest. Final Priority Scoring Criteria for Localized FloodRisk Reduction ' Priority Description Available Points Justice40 A Justice40 community, also called a disadvantaged Up to 300 Community or community, is identified using the Version 1.0 of the Community CEJST. Justice40 communities are considered Disaster Resilience disadvantaged if they are census tracts that meet the Zones thresholds for at least one of the tool's categories of burden or if they are on lands within the boundaries of federally recognized tribes. In addition, census tracts that are completely surrounded by disadvantaged communities are also considered disadvantaged if they meet an adjusted low- income threshold (at or above the 50th percentile). Justice40 communities have been marginalized by underinvestment and overburdened by pollution. Further, all federally recognized tribes or tribal entities are Justice40 communities (whether or not they have land). A Community Disaster Resilience Zone is defined in 42 U.S.C. § 5136(a)(1), and all Community Disaster Resilience Zones are in Justice40 communities. For a complete listing of FEMA-identified Community Disaster Resilience Zones, refer to hqps://www.fema.gov/flood- m ai)s/moducts-tool s/nati onal-ri sk-i ndex/communi iy- disaster-resilience-zones. Subapplications that primarily benefit a Community Disaster Resilience Zone will receive 300 points. OR Subapplications that primarily benefit a Justice40 community will receive 200 points. Full and partial points are assigned to this category. NFIP Policy Holder NFIP provides insurance to help reduce the socioeconomic 2 points impact of floods. Flood insurance is a separate policy that per NFIP can cover buildings, the contents in a building, or both. The policy, up NFIP provides flood insurance to property owners, renters, to 200 and businesses, and having this coverage helps them points recover faster when floodwaters recede. FY 2024 FMA NOFO 1890 42 Final Priority Scoring Criteria for Localized FloodRisk Reduction Project DescriptionPriority Available Points Points will be assessed for every NFIP policy that is active as of the FMA application start date (Section D.1, Key Dates and Times, of this funding opportunity) and is verified within the benefiting area of the project. Full and partial points are assigned to this category. FMA- and NFIP- FMA aims to implement projects that reduce flood risks 5 points Defined SRL and posed to repetitively flooded properties insured under the per RL RL Properties 16 NFIP, and the disruption to life caused by repeated flooding and 10 of the same properties. points per SRL, up Points will be assessed for all FMA- and NFIP-defined SRL to 175 and/or RL structures verified within the benefiting area of points the project. Full and partial points are assigned to this category. Consideration for FEMA works with state, local, tribal, and territorial (SLTT) 100 Climate Change governments to build and deliver resources and capabilities and Other Future that ensure the nation can withstand climate hazards of Conditions today and those we anticipate for tomorrow.17 Applicants and subapplicants should use evidence-based, best- available climate data sets, information resources, and decision-support tools, including federal resources, to identify current and future climate risks over the project's expected service life. Climate projections, emissions scenarios, or other suitable scenario conditions should be specified based on the project's service life and applicant's risk tolerance, as appropriate and available. Applicants should document how their planned project design and operations are resilient to any identified current and future climate risks. Subapplications will receive 100 points if the project describes how it will enhance climate adaptation and resilience using the best-available data, detail how the project will factor in and enhance resilience to the effects of climate change (such as sea level rise,18 increased rainfall, 6 Refer to Section E.2.a.IV,Individual Flood Mitigation Project—up to$120 million,of this funding opportunity. 17 For more information on FEMA's role in addressing climate change,reference FEMA and the Changing Clunate.12d . a Applicants and subapplicants may use any valid source that is based on recognized sea level rise estimation methods for sea level rise.Several federal government sources are available for relative sea level rise data along coastal areas.Some of these sources include,but are not limited to,National Oceanic and Atmospheric Administration Center for Operational Oceanographic Products and Services'mean annual sea level rise trend data (htfi2s://tidesandcLirrents.noaa.gov/sltrends/sltrends.html)and U.S.Army Corps of Engineers Sea-Level Change Curve Calculator(Version 2022.72)(hops://cwbi-app.sec.Lisace.army.mil/rccslc/slcc calc.html).Additional information,data,and resources on sea level rise are available at Sea Level Rise Technical Report:Download and FAQs(noaa.jov). FY 2024 FMA NOFO 1891 43 Final Priority Scoring Criteria for Localized FloodRisk Reduction Project DescriptionPriority Availa le Points, increased likelihood of flash flood because of wildfire) and/or other future conditions (population/demographic/land use, etc.), and cites data sources, assumptions, and models. No partial points are assigned to this category. Incorporation of Nature-based solutions are actions to protect, sustainably 100 Nature-Based manage, or restore natural or modified ecosystems to Solutions19 address societal challenges, simultaneously providing benefits for people and the environment. Refer to hqps://www.whitehotise.gpL/wp- content/tiploads/2022/1 I/Nattire-Based-Solutions- Roadmap.pdf. FEMA recognizes that strategies for nature-based solutions are diverse; one size does not fit all. As such, examples of nature-based solutions may include wetland restoration and protection; greenways; stormwater parks; floodplain restoration; rain gardens; green roofs; permeable pavement; coastal wetlands; and living shorelines. Subapplications will receive 100 points if the project incorporates nature-based solutions. No partial points are assigned to this category. FMA Capability FMA Capability and Capacity Building Activities are used 50 and Capacity to develop future Localized Flood Risk Reduction Projects Building Activities and/or Individual Flood Mitigation Projects that will subsequently reduce flood claims against the NFIP. Before FY 2022 FMA NOFO, Capability and Capacity Building Activities were called hazard mitigation plans, technical assistance, and project scoping. Subapplications will receive 50 points if the project was generated from a previous FMA award. No partial points are assigned to this category. Public and Private- FEMA encourages innovative use of public and private 25 Sector Partnerships sector partnerships, including incentivizing private organizations and businesses that partner with public organization to meet the non-federal cost share. 9 For more information on nature-based solutions,reference Building Community Resilience with Nature-Lased Solutions: A Guide for Local Communities and Nature-Lased Solutions LFLM�. FY 2024 FMA NOFO 1892 44 Final Priority Scoring Criteria for Localized FloodRisk Reduction Project DescriptionPriority Availa le Points, Subapplication will receive 25 points if the subapplication incorporates partnerships (e.g., state, tribal,private, local community)that will ensure the project meets community needs, including those of overburdened and underserved populations, and show the outcome of those partnerships (e.g., leveraging resources such as financial, material, and educational resources, coordinating multi jurisdictional projects, heightened focus on equity related issues). No partial points are assigned to this category. CRS Participation The CRS recognizes and encourages community floodplain 25 management activities that exceed the minimum NFIP standards. Depending on the level of participation, flood insurance premium rates for policyholders can be reduced up to 45%. Subapplications will receive 25 points if they are a participate in CRS. No partial points are assigned to this category. CTP Participation The CTP is a qualified partnership program in which 25 communities commit to collaborate in maintaining up-to- date flood hazard maps and other flood hazard information. Subapplications will receive 25 points if they are a CTP- participating community. No partial points are assigned to this category. After meeting the $420 million available for Localized Flood Risk Reduction Projects or when all eligible Localized Flood Risk Reduction Project subapplications have been selected, FEMA will select eligible subapplications for the remaining funds in the following order. IV.INDIVIDUAL FLOOD MITIGATION PROJECT—UP TO$120 MILLION FEMA will then select Individual Flood Mitigation Project subapplication(s) based on projects meeting the below FEMA scoring criteria. FEMA will select eligible Individual Flood Mitigation Project subapplications on a competitive basis in the following prioritized order: Individual Flood Mitigation Projects that will mitigate flood damage to at least 75% of structures included in the subapplication that meet ANY of the following FMA and/or NFIP SRL and RL definitions in order by program priority: 1. Meet the FMA definition of an SRL property in 42 U.S.C. § 4104c(h)(3)(B)(ii): At least two separate NFIP claim payments have been FY 2024 FMA NOFO 1893 45 made with the cumulative amount of such claims exceeding the market value of the insured structure. 2. Meet the FMA definition of an SRL property in 42 U.S.C. § 4104c(h)(3)(B)(i): Four or more separate NFIP claims payments have been made with the amount of each claim exceeding $5,000 and with the cumulative amount of claims payments exceeding $20,000. 3. Meet the FMA definition of a RL property definition in 42 U.S.C. § 4121(a)(7): Have incurred flood-related damage on two occasions, in which the cost of the repair, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event, and at the time of the second incidence of flood-related damage, the contract for flood insurance contains ICC coverage. 4. Meet NFIP definition of an SRL property 20: Four or more separate NFIP claim payments of more than $5,000 each(including building and contents payments), or two or more separate claim payments (building payments only) where the total of the payments exceeds the current market value of the property. 5. Meet the NFIP definition of an RL property in Title 44 C.F.R. Part § 209.2: A structure covered by a contract for flood insurance under the NFIP that has incurred flood-related damage on two occasions during a 10-year period, each resulting in at least a$1,000 claim payment. In the event requested funding exceeds $120 million funding for this priority, FEMA will prioritize subapplications based on: • Count of properties meeting FMA- and/or NFIP-defined SRL and RL definitions in order by program priority (1 through 5) above • Total dollars of all NFIP policy claims on record for all NFIP properties proposed for mitigation in the subapplication FEMA may rank subapplications lower where the average elevation federal cost share is greater than $250,000 for all single-dwelling units or the average acquisition federal cost share is greater than $750,000 for all single-dwelling units. FEMA will further prioritize properties from subapplications if the building value of a single-family dwelling is less than $750,000, according to best-available data, to ensure maximization of the number of NFIP-insured properties selected for mitigation projects in 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)21 documented in the most recent claim. If no RCV is provided, then homeowners can refer to the actual cash value (ACV)22 20 For the NFIP definition of an SRL property,refer to 42 U.S.C. §4014(h);see FEMA,National Flood Insurance Program, Flood Insurance Manual,Appendix I,Page 1,and Appendix L,Page 8(April 2021); see FEMA,National Flood Insurance Program,Community Rating System Coordinator's Manual,Page 120-8(2017). 21 The cost to replace property with the same kind of material and construction without deduction for depreciation. 22 The cost to replace an insured item of property at the time of loss,less the value of its physical depreciation. FY 2024 FMA NOFO 1894 46 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 ACV of the structure, as listed on the most current claim of the property. If the structure has neither RCV nor ACV, FEMA will consider the assessed market value. If available funding requires prioritization within one of the above priorities, FEMA will apply the Final Priority Scoring Criteria for Individual Mitigation Project below. FEMA may reconsider single-family dwellings that are not selected. V. FEMA WILL SELECT REMAINING ELIGIBLE SUBAPPLICATIONS ONCE ALL ABOVE PRIORITIES ARE MET BASED ON BENEFITS TO THE NFIP FEMA will verify project eligibility. However, applicants should ensure that accurate NFIP policy numbers, and FMA- and/or NFIP-defined SRL and RL numbers, are included in all subapplications. After FEMA selects all subapplications in prioritized order above, FEMA will use the Final Priority Scoring Criteria below to determine the selection order for the remaining subapplications. The subapplications will be selected based on cumulative score, from highest to lowest. Priority Description Points Substantial Substantial damage applies to a structure in a Special Flood 10 points Damage23 Hazard Area—or floodplain—for which the total cost of per repairs is 50% or more of the structure's market value substantial before the disaster occurred, regardless of the cause of damage damage. This percentage rule can vary among jurisdictions. structure, The decision about a structure being substantially damaged no cap is made at the local community, generally by a building department official or floodplain manager. For communities that participate in the NFIP, substantial damage determinations generally are required by local floodplain management ordinances. These rules must be in place for residents of a community to purchase flood insurance. The subapplication will receive 10 points per structure that is determined Substantially Damaged by the community within 5 years of application submission deadline and a verification letter is included in the subapplication. Full 23 Damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50%of the market value of the building before the damage occurred(Hazard Mitigation Assistance Program and Policy Guide 2023). FY 2024 FMA NOFO 1895 47 Final Priority_ Flood on Project Priority Description Points points are assigned to this category, and there is no point cap/limit. Justice40 A Justice40 community, also called a disadvantaged Up to 50 Community or community, is identified using the Version 1.0 of the points Community CEJST. Justice40 communities are considered Disaster Resilience disadvantaged if they are in census tracts that meet the Zones thresholds for at least one of the tool's categories of burden, or if they are on lands within the boundaries of federally recognized tribes. In addition, census tracts that are completely surrounded by disadvantaged communities are also considered disadvantaged if they meet an adjusted low-income threshold(at or above the 50th percentile). Justice40 communities have been marginalized by underinvestment and overburdened by pollution. Further, all federally recognized tribes or tribal entities are Justice40 communities (whether or not they have land). A Community Disaster Resilience Zone is defined in 42 U.S.C. § 5136(a)(1), and all Community Disaster Resilience Zones are in Justice40 communities. For a complete listing of FEMA-identified Community Disaster Resilience Zones, refer to hLtps://www.fema.gov/flood- m ai)s/moducts-tool s/nati onal-ri sk-i ndex/communi iy_ disaster-resilience-zones. Subapplications that primarily benefit a Community Disaster Resilience Zone will receive 50 points. OR Subapplications that primarily benefit a Justice40 community will receive 35 points. Full and partial points are assigned to this category. FMA- and NFIP- FMA aims to implement projects that reduce flood risks Up to 30 Defined SRL and posed to repetitively flooded properties insured under the RL Properties24 NFIP, and the disruption to life caused by repeated flooding of the same properties. Points will be assessed for FMA- and NFIP-defined SRL and/or RL structures verified within the subapplication. Full and partial points are assigned to this category. 24 Refer to Section E.2.a.IV,Individual Flood Mitigation Project—up to$120 million,of this funding opportunity. FY 2024 FMA NOFO 1896 48 Final Priority_ Flood on Project Priority Description Points • If greater than 35% of properties in the subapplication are SRL or RL, the subapplication will receive 30 points. • If 25%-35% of properties in the subapplication are SRL and/or RL, the subapplication will receive 15 points. FEMA FMA FMA Capability and Capacity Building Activities are used 20 Capability and to develop future Localized Flood Risk Reduction Projects Capacity Building and/or Individual Flood Mitigation Projects that will Activities subsequently reduce flood claims against the NFIP. Before FY 2022 FMA NOFO, Capability and Capacity Building Activities were called hazard mitigation plans, technical assistance, and project scoping. Subapplications will receive 20 points if the project was generated from a previous FMA award. No partial points are assigned to this category. FEMA may select any subapplication out of priority order based on one or more of the following factors: • Availability of funding • Duplication of subapplications • Program priorities and policy factors • Other pertinent information Subapplications that have made it through the selections process but will not be funded because of the limited availability of FMA funding may be reviewed by other FEMA grant programs for eligibility and alternative funding. Additional information may be requested to ensure all applicable programmatic eligibility criteria are met. b. Selection Status After FEMA has completed its review of all subapplications across Capability and Capacity Building Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation Project, FEMA will assign each of them one of the following three statuses: • IFFR—This means the subapplication is selected and there is available funding under the applicable subtotals. Additional information may be requested from the applicant at this stage that may impact eligibility. IFFR status does not automatically imply an award will be made. • Not Selected—This means the subapplication satisfied basic eligibility and completeness requirements. However, this status does not reflect eligibility FY 2024 FMA NOFO 1897 49 determination made if it was subject to the cost-effectiveness and technical feasibility. • Does Not Meet Hazard Mitigation Assistance Requirements—This means the subapplication does not satisfy the eligibility or completeness requirements. This status does not reflect eligibility determination made if it was subject to the national technical review. c. Request for Reconsideration At its discretion, and at the request of the applicant or subapplicant(through the applicant), FEMA may reconsider a decision regarding any subapplication that is Not Selected or Does Not Meet Hazard Mitigation Assistance Requirements only where there is an indication of substantive technical or procedural error that may have influenced FEMA's decision. There will be no reconsideration regarding the amount of planning subapplications, applicant management costs, or technical assistance costs. Applicants must send requests for reconsideration based on technical or procedural error to the FEMA Regional Office within 60 days of the posting of subapplication status. Subapplicants should contact their applicant agency regarding reconsideration requests, so that the applicant may submit it to the FEMA Regional Office on their behalf. Contact information for each State Hazard Mitigation Officer is provided at State Hazard Mitigation Officers FEMA.gov. The FEMA Regional Office will review reconsideration requests received from applicants and submit the regional recommendation to FEMA Headquarters. FEMA Headquarters will make a final determination to overturn or uphold the original decision and send the response to the applicant. Prior to making an award, FEMA will evaluate recipients to determine the level of risk when there is a history of failure to comply with general or specific terms and conditions of a federal award or failure to meet the expected performance goals. If FEMA determines that a federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the award, as specified in Part 8: Award Administrative Requirements, Section C: Assessment of Risk Posed by Recipient and Subrecipient Prior to Award, of the 2024 Hazard Mitigation Assistance Program and Policy Guide. F. Federal Award Administration Information 1. Notice of Award Before accepting the award, the AOR and recipient should carefully read the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program. FEMA will provide the federal award package to the applicant electronically via FEMA GO. Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA's grant application system to the AOR that submitted the application. FY 2024 FMA NOFO 1898 50 Recipients must accept their awards no later than 30 days from the award date. The recipient must notify FEMA of its intent to accept and proceed with work under the award through the FEMA GO system. Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the specified time frame may result in a loss of funds. 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 DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA, as applicable. 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- rhts. 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 or other applicable regulations. In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair,just, and impartial treatment of all FY 2024 FMA NOFO 1899 51 individuals, including individuals who belong to underserved communities that have been denied such treatment. c. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, EOs, regulations, and policies, as applicable. 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 to determine whether the proposed project has the potential to impact environmental resources including, but not limited to, threatened or endangered species and historic properties; and identify mitigation measures and/or alternative courses of action that may lessen any impact to those resources. In some cases, FEMA is also required to consult with other regulatory agencies and the public 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 in compliance with applicable EHP laws, EOs, regulations, and policies. FEMA may recommend mitigation measures and/or alternative courses of action to lessen any impact to environmental or historic resources and bring the project into compliance with EHP requirements. Guidance on the EHP process is found at Environmental Planning and Historic Preservation. The site contains links to various documents including those identifying agency EHP responsibilities and program requirements, such as implementation of the NEPA and other EHP laws, regulations, and EOs. DHS and FEMA EHP policy is also found in the EHP Directive & Instruction. All FEMA actions, including grant-funded actions, must comply with NFIP criteria or any more restrictive federal, state, or local floodplain management standards or building code (44 C.F.R. § 9.11(d)(6)). For actions located within or that may affect a floodplain or wetland, the following alternatives must be considered: (a)no action; (b) alternative locations; and(c) alternative actions, including alternative actions that use natural features or nature- based solutions. Where possible, natural features and nature-based solutions will be used. If not practicable as an alternative on their own, natural features and nature- based solutions may be incorporated into actions as minimization measures. FY 2024 FMA NOFO 1900 52 All FEMA-funded new construction, substantial improvement, and repair of substantial damage actions, and all structure elevation, mitigation reconstruction, and dry floodproofing actions under FEMA's Hazard Mitigation Assistance programs must be either outside the FFRMS floodplain or designed to ensure resilience against flooding up to the FFRMS flood elevation. Structures must be elevated(or, if non- residential, elevated or floodproofed)to the FFRMS flood elevation. Resilience measures for facilities include using structural or nonstructural methods to reduce or prevent damage; elevating a structure; or, where appropriate, designing it to adapt to, withstand, and rapidly recover from a flood event. See EO 11988, Floodplain Management, as amended by EO 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, the FEMA Policy 206-24-005: Federal Flood Risk Management Standard (FFRMS). Individual FEMA programs have separate procedures to conduct and document EHP review. Guidance for individual grant programs is available from applicable program offices. 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 eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. 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 initial public notice of grant opportunities 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, 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 FEMA-EHPHELPLINE&fema.dhs.gov within 15 days of the FMA grant selections. 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 could 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. While developing project FY 2024 FMA NOFO 1901 53 proposals, subsequent project-specific public notices will be published, if necessary, as more detailed information becomes available. d. Construction Project Requirements Acceptance of federal funding requires FEMA, the recipient, and any subrecipients to comply with all federal, state, and local laws and regulations prior to the start of any construction activity. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. Also: • Any change to the approved scope of work will require re-evaluation by FEMA for compliance with the NEPA and other laws and EOs. • 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 if the project is in a Special Flood Hazard Area, (SFHA): (a)the project must be in a jurisdiction participating in the NFIP and(b)the property owner(s) must obtain and maintain flood insurance for the life of the structure, regardless of transfer of ownership, in an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the mitigated property, whichever is less. e. Mandatory Disclosures The recipient, subrecipient, or applicant for a federal award must disclose, in a timely manner, in writing to the federal awarding agency or pass-through entity all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. (2 C.F.R. § 200.113). Applicants and recipients may report issues of fraud, waste, abuse, and mismanagement, or other criminal or noncriminal misconduct to the Office of Inspector General (01G) Hotline. The toll-free numbers to call are (800) 323-8603 and TTY (844) 889-4357. 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. FY 2024 FMA NOFO 1902 54 Recipients may review the FFR (SF-425) at https:Happly07.gra� ov/apply/forms/sample/SF425-VI.O.pdf. Recipients must file the FFR electronically using FEMA GO. II. FFR REPORTING PERIODS AND DUE DATES An FFR must be submitted quarterly throughout the POP, including partial calendar quarters, as well as in periods where no grant award activity occurs. The final FFR is due within 120 calendar days after the end of the POP. Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. Except for the final FFR due at 120 days after the end of the POP for purposes of closeout, the following reporting periods and due dates apply for the FFR: Reporting Period Report Due Date October 1—December 31 January 30 January 1—March 31 April 30 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 FEMA GO. The Quarterly Performance Reports must be submitted electronically in FEMA GO quarterly throughout the POP, including partial calendar quarters, as well as for periods where no grant award activity occurs. Reports are due within 30 days from the end of the first federal quarter following the initial grant award and thereafter until the grant ends. c. Closeout Reporting Requirements I. CLOSEOUT REPORTING Within 120 calendar days after the end of the POP 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 POP FY 2024 FMA NOFO 1903 55 iv. Other documents required by this NOFO, terms and conditions of the award, or other FEMA guidance. If the final FFR and performance report periods coincide with the end of the POP, FEMA has discretion under 2 C.F.R. Part 200 to waive the last quarterly/semiannual/annual reports and only require the final FFR and performance report for closeout purposes. The recipient is responsible for returning any balances of unobligated or unliquidated funds that have been drawn down that are not authorized to be retained per 2 C.F.R. 200.344(e). 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 POP 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 POP as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for at least 3 years from the date of the final FFR. The record retention period may be longer, such as because of an audit or litigation, for equipment or real property used beyond the POP, or because of other circumstances outlined in 2 C.F.R. 200.344(e). 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(e). II. ADMINISTRATIVE CLOSEOUT Administrative closeout is a mechanism for FEMA to unilaterally move forward with closeout of an award using available award information in lieu of final reports from the recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA needs to administratively close an award, this may negatively impact a recipient's ability to obtain future funding. This mechanism can also require FEMA to make cash or cost adjustments and ineligible cost determinations based on the information it has, which may result in identifying a debt owed to FEMA by the recipient. When a recipient is not responsive to FEMA's reasonable efforts to collect required reports needed to complete the standard closeout process, FEMA is required under 2 C.F.R. § 200.344(h)to start the administrative closeout process within the regulatory time frame. 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 1 year of the POP end date. Additionally, if the recipient does not submit all required FY 2024 FMA NOFO 1904 56 reports within 1 year of the POP end date,per 2 C.F.R. § 200.344(i), FEMA must report in Contracting Performance Assessment Reporting System (CPARS)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 3 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 3 years for cause or default. At any time after accepting the award, if the recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350. II. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE Appendix XII to 2 C.F.R. Part 200 sets forth a term and condition related to recipient integrity and performance matters that will apply to all federal awards under this funding opportunity. If the total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the POP of a federal award under this funding opportunity, then a recipient must maintain the currency of information reported in the CPARS about civil, criminal, or FY 2024 FMA NOFO 1905 57 administrative proceedings described in Paragraph 2 of Appendix XII at the reporting frequency described in Paragraph 4 of Appendix XII. III. SINGLE AUDIT REPORT A recipient that expends $1,000,000 or more during the recipient's fiscal year in federal awards (as defined by 2 C.F.R. § 200.1) must have a single audit conducted in accordance with 2 C.F.R. § 200.514 except when it elects to have a program-specific audit conducted in accordance with 2 C.F.R. § 200.501. The audit must be conducted in accordance with 2 C.F.R. Part 200, Subpart F, and, as required by 2 C.F.R. § 200.514, in accordance with the U.S. Government Accountability Office (GAO) Generally Accepted Government Auditing Standards, which can be found on the Yellow Book page of the GAO website. 4. Monitoring and Oversight The regulation at 2 C.F.R. § 200.337 provides DHS and any of its authorized representatives with the right of access to any documents,papers, or other records of the recipient(and any subrecipients)that are pertinent to a federal award to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the recipient's or subrecipient's personnel for interviews and discussions related to such documents. Pursuant to this right and per 2 C.F.R. § 200.329, DHS may conduct desk reviews and make site visits to review project accomplishments and management control systems to evaluate project accomplishments and to provide any required technical assistance. During site visits, DHS may review a recipient's or subrecipient's files pertinent to the federal award and interview and/or discuss these files with the recipient's or subrecipient's personnel. Recipients and subrecipients must respond in a timely and accurate manner to DHS requests for information relating to a federal 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 POP. 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, on-site monitoring visits, or both. Enhanced monitoring will involve the review and analysis of the financial compliance and administrative processes,policies, FY 2024 FMA NOFO 1906 58 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 to natural hazards in their jurisdictions. FEMA may provide additional federal funding in the event of a cost overrun. G. DHS Awarding A2ency Contact Information 1. Contact and Resource Information a. Program Office Contact General questions about the FMA program can be directed to the appropriate FEMA Regional Office or State Hazard Mitigation Officer. The HMA Helpline is available by telephone at(866)222-3580 or email fema- hmahelplineL&fema.dhs.gov. FY 2024 FMA NOFO 1907 59 For questions about cost-effectiveness and FEMA's BCA software, contact the BC Helpline by telephone at(855) 540-6744 or email BCHeIpIineL&fema.dhs.gov. The Building Science Helpline is available for guidance on FEMA Building Science publications by email at FEMA-BuildingScienceHelpL&fema.dhs.gov. For questions about NEPA or EHP requirements, the EHP Helpline is available by email at FEMA-EHPHELPLINEL&fema.dhs.go . Resources and job aids intended to help prepare applications and subapplications are available on FEMA's Hazard Mitigation Assistance webpage at httf)s://www.fema.�ov/rants/miti�zation. Resources intended to help applicants and subapplicants prepare hazard mitigation plans and planning grants are available on FEMA's Hazard Mitigation Grant w gba g. FEMA publications that specify the documentation and information necessary for FEMA to review project applications for feasibility and effectiveness, cost- effectiveness, and potential impacts on environmental and cultural resources are available on the FEMA website at hLtps://www.fema.gov/grants/guidance-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 News team can be reached by email at fema-grants-newsL&fema.dhs.gov OR by telephone at(800) 368-6498, Monday through Friday, 9:00 a.m. to 5:00 p.m. ET. c. FEMA Regional Offices FEMA Regional Offices manage, administer, and conduct the application budget review; create the award package; approve, amend, and close out awards; as well as conduct cash analysis, financial and programmatic monitoring, and audit resolution for FMA. The regions also provide technical assistance to FMA recipients. FEMA Regional Office contact information is available at hLtps://www.fema.gov/fema-regional-contacts. d. Civil Rights The FEMA Office of Civil Rights 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. FY 2024 FAIM NOFO 1908 60 FEMA's Office of Environmental Planning and Historic Preservation (OEHP) and Office of Civil Rights (OCR)provide technical assistance and guidance to FEMA components and program offices and other stakeholders regarding environmental justice and equitable access to government-funded programs, respectively, to safeguard against discrimination. This includes, but is not limited to, the identification and addressing of, consistent with applicable law, exclusion barriers and/or disproportionate and adverse human health and environmental effects of FEMA and FEMA-funded programs, policies, and activities on communities with environmental justice concerns. If there are concerns regarding environmental justice or equitable access to funding that alleges a FEMA or FEMA-funded program is in violation of federal civil rights law, OCR will process complaints and seek to resolve the concern. Contact the OCR at FEMA-CivilRightsOfficeL&fema.dhs.gov. e. Environmental Planning and Historic Preservation The FEMA 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. FEMA GO For technical assistance with the FEMA GO system, contact the FEMA GO Helpdesk at femagoo&fema.dhs.gov or(877) 585-3242, Monday through Friday, 9:00 a.m. to 6:00 p.m. ET. H. Additional Information 1. Termination Provisions FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO,pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. a. Noncompliance If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non-responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342, as well as the requirement of 2 C.F.R. § 200.340(c)to report in CPARS the recipient's material failure to comply with the award terms and conditions. See also Section H.9, Actions to Address Noncompliance, in this NOFO. FY 2024 FMA NOFO 1909 61 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 Federal agencies are required to structure NOFOs that incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting agency priority goal(s) and program outcomes. OMB Memorandum M-21-27, Evidence-Based Policymaking: Learning Agendas and Annual Evaluation Plans, implementing Title I of the Foundations for Evidence-Based Policymaking Act of 2018, Evidence Act, Pub. L. No. 115-435 (2019), urges federal awarding agencies to use program evaluation as a critical tool to learn, improve equitable delivery, and elevate program service and delivery across the program life cycle. 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). As such, recipients and subrecipients are required to participate in a DHS-, Component-, or Program Office-led evaluation if selected, which may be carried out by a third parry on behalf of the DHS, its component agencies, or the Program Office. Such an evaluation may involve information collections, including but not limited to, surveys, interviews, or discussions with individuals who benefit from the federal award program operating personnel, and award recipients, as specified in a DHS-, component agency-, or Program Office-approved evaluation plan. More details about evaluation requirements may be provided in the federal award, if available at that time, or following the award as evaluation requirements are finalized. Evaluation costs incurred during the POP are allowable costs (either as direct or indirect). Recipients and subrecipients are also encouraged, but not required, to participate in any additional evaluations after the POP ends, although any costs incurred to participate in such evaluations are not allowable and may not be charged to the federal award. 3. Period of Performance Extensions Extensions to the 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 FY 2024 FMA NOFO 1910 62 Regional Office and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Regional Hazard Mitigation Assistance Specialist, as needed, when preparing an extension request. All extension requests must address the following: a. The grant program, fiscal year, and award number b. Reason for the delay including details of the legal, policy, or operational challenges that prevent the final outlay of awarded funds by the deadline c. Current status of the activity(ies) b. Approved POP termination date and new project completion date c. Amount of funds drawn down to date d. Remaining available funds, both federal and, if applicable, non-federal e. Budget outlining how remaining federal and, if applicable, non-federal funds will be expended f. Plan for completion, including milestones and time frames for achieving each milestone and the position or person responsible for implementing the plan for completion g. 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 because of 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 qualified individuals with disabilities. Grant and cooperative agreement recipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain FY 2024 FMA NOFO 1911 63 resilience. In doing so, recipients are encouraged to consider the needs of individuals with disabilities into the activities and projects funded by the grant or cooperative agreement. FEMA expects that the integration of the needs of people with disabilities will occur at all levels, including planning; alerting, notification, and public outreach; training;purchasing of equipment and supplies; protective action implementation; and exercises/drills. The following are examples that demonstrate the integration of the needs of people with disabilities in carrying out FEMA awards: • 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 and intellectual disabilities to the extent practicable. • Provide auxiliary aids and services, including American Sign Language interpreters, 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 using federal funds, comply with the most recent codes and standards and make 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, needs of individuals with intellectual disabilities, and information access. FEMA grant recipients can fund projects towards improving the resilience 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 Section H.6, Procurement Integrity, in this NOFO and 2 C.F.R. §§ 200.317 through 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, FY 2024 FMA NOFO 1912 64 or territorial statutes or regulations governing conflicts of interest in the making of subawards. The recipient or pass-through entity must disclose to the respective Program Analyst or Program Manager, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by the federal or SLTT statutes or regulations or their own existing policies, within 5 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, agent, or board member, 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 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, 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 at htti)s://www.fema.�ov/�zrants/Drocurement. ants/procurement. The below highlights the federal procurement requirements for FEMA recipients when procuring goods and services with federal grant funds. FEMA will include a review of recipients' procurement practices as part of the normal monitoring activities. All procurement activity must be conducted in accordance with federal procurement standards at 2 C.F.R. §§ 200.317-200.327. Select requirements under these standards are listed below. The recipient and any of its subrecipients must comply with all requirements, even if they are not listed below. Under 2 C.F.R. § 200.317, when procuring property and services under a federal award, states (including territories) and Indian Tribes must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states and Indian Tribes must now follow 2 C.F.R. § 200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for procurements, and 2 C.F.R. § 200.327 regarding required contract provisions. States, but not Indian Tribes, must also follow 200.323 regarding procurement of recovered materials. FY 2024 FMA NOFO 1913 65 Local government and nonprofit recipients or subrecipients must have and use their own documented procurement procedures that reflect applicable SLTT laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to,providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319 and the required procurement methods at§ 200.320. a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 On April 22, 2024, OMB updated various parts of Title 2 of the Code of Federal Regulations, among them the procurement standards. These revisions apply to all FEMA awards with a federal award date or disaster declaration date on or after October 1, 2024, unless specified otherwise. The changes include updates to the federal procurement standards, which govern how FEMA award recipients and subrecipients must purchase under a FEMA award. More information on OMB's revisions to the federal procurement standards can be found in Purchasinz Under a FEMA Award: 2024 OMB Revisions Fact Sheet. b. Competition and Conflicts of Interest 2 C.F.R. § 200.319(b), applicable to local government and nonprofit recipients or subrecipients, requires that 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 recipient or subrecipient 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 recipient or subrecipient. Under this prohibition, unless the recipient or subrecipient solicits for and awards a contract covering both development and execution of specifications (or similar elements as described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317—200.327, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post-award costs, such as grant management fees. Additionally, some of the situations considered to be restrictive of competition include, but are not limited to: • 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 FY 2024 FMA NOFO 1914 66 • 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 • Any arbitrary action in the procurement process Under 2 C.F.R. § 200.318(c)(1), local government and nonprofit 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, agent, or board member 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. A conflict of interest includes 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 entity considered for a contract. The officers, employees, agents, and board members of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, recipients or subrecipients may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must provide for disciplinary actions to be applied for violations of such standards by its officers, employees, agents, or board members of the recipient or subrecipient. Under 2 C.F.R. 200.318(c)(2), if the local government or nonprofit recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government, the recipient or subrecipient 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 recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The recipient or subrecipient must disclose in writing any potential conflicts of interest to FEMA or the pass-through entity in accordance with applicable FEMA policy. c. Supply Schedules and Purchasing Programs Generally, a recipient or subrecipient may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement. 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 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 called the Multiple Award Schedules FY 2024 FMA NOFO 1915 67 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 hLtps://www.gsa.gov/buy-through- us/purchas in g-pro gram s/multi pl e-award-s chedul e/help-wi th-m as-buyi n g/m as- heli)-for-state-local-and-tribal-govemments and htti)s://www. Gov/buying s el I in g/purchas in g-pro gram s/gs a-s chedul es/s chedul e-buyers/state-and-I oc al- governments. For 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, local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317—200.327, such as domestic preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix 11). 11. OTHER SUPPLY SCHEDULES AND PROGRAMS For local government and nonprofit recipients or subrecipients 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: 0 The procurement of the original contract or purchasing schedule and its use by the recipient or subrecipient complies with state and local law, regulations, and written procurement procedures. 0 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 recipient or subrecipient and other similar types of entities; 0 The contract or purchasing schedule specifically allows for such use, and the work to be performed for the recipient or subrecipient falls within the scope of work under the contract as to type, amount, and geography; 0 The procurement of the original contract or purchasing schedule complied with all the procurement standards applicable to a local government or nonprofit recipient or subrecipient other than states under at 2 C.F.R. §§ 200.317—200.327; and 0 With respect to the use of a purchasing schedule, the recipient or subrecipient 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 local government or nonprofit recipient or subrecipient 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. FY 2024 FAIM NOFO 1916 68 d. Procurement Documentation Per 2 C.F.R. § 200.318(i), local government and nonprofit recipients or subrecipients 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, territories, and Indian Tribes 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 • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient • Pages 24 through 26 of the Procurement Disaster Assistance Team (PDAT� Field Manual provides additional information on required procurement records. 7. Financial Assistance Programs for Infrastructure a. 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 IIJA §§ 70901-70927, Pub. L. No. 117- 58 (2021), and EO 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 Memorandum M-24-02, Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. FY 2024 FMA NOFO 1917 69 For FEMA's official policy on BABAA, see FEMA Policy 207-22-0001, Buy American Preference in FEMA Financial Assistance Programs for Infrastructure, available at httf)s://www.fema.�ov/sites/defatilt/files/documents/fema build-america- buy-america-act-policy.pdf. To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, see Programs and Definitions: Build America, BEy.America Act FEMA.gov and hLtps://www.fema.gov/sites/defatilt/files/documents/fema build-america-bu- america-acLp,2�hc . dff. b. 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: • Applying the domestic content procurement preference would be inconsistent with the public interest. • 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. • The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%. For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA's website at"Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure. c. Definitions For BABAA-specific definitions, refer to the FEMA Buy America website at Programs and Definitions: Build America, Buy America Act. Refer to the applicable DHS Standard Terms and 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 recipient or subrecipient 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 3 years or have a different start date in certain cases. These include: FY 2024 FAIM NOFO 1918 70 • Records for real property and equipment acquired with federal funds must be retained for 3 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 3-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 recipient or subrecipient 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 POP ends, the program income record retention period begins at the end of the recipient's fiscal year in which program income is earned. See 2 C.F.R. § 200.334(e). • For indirect cost rate computations and proposals, cost allocation plans, or any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient's fiscal year or other accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.334(f). b. Types of Records to Retain FEMA requires that recipients or subrecipients maintain the following documentation for federally funded purchases: • Specifications • Solicitations • Competitive quotes or proposals • Basis for selection decisions • Purchase orders • Contracts • Invoices • Cancelled checks Recipients or subrecipients 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. FY 2024 FMA NOFO 1919 71 In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Recipients or subrecipients who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed. 9. Actions to Address Noncompliance Recipients or subrecipients 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 life cycle 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, civil rights complaint investigations and compliance reviews, 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 or other applicable regulations. 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 may 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 because of noncompliance, see Section H.1, 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 as 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 recipient or subrecipient 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 may 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; FY 2024 FMA NOFO 1920 72 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 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 3 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 3 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, recipients or subrecipients must comply with the single audit requirements at 2 C.F.R. Part 200, Subpart F. Specifically, recipients or subrecipients, other than for-profit subrecipients, that expend $1,000,000 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 recipients or subrecipients 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. • 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. • Determine if the entity complied with applicable laws, regulations, and contracts or grants. FY 2024 FMA NOFO 1921 73 For single audits, the auditee is required to prepare financial statements reflecting its financial position, a schedule of federal award expenditures, and a summary of the status of prior audit findings and questioned costs. The auditee also is required to follow up and take appropriate corrective actions on new and previously issued but not yet addressed audit findings. The auditee must prepare a corrective action plan to address the new audit findings. 2 C.F.R. §§ 200.508, 200.510, 200.511. Recipients or subrecipients 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. Recipients or subrecipients 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 recipient or subrecipient 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 recipient's or subrecipient'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 method of payment to recipients. Payment requests are submitted through FEMA GO. 12. Whole Community Preparedness Preparedness is a shared responsibility that calls for the involvement of everyone not just the government—in preparedness efforts. By working together, everyone can help keep the nation safe from harm and help prepare for and enhance resilience to 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 FY 2024 FMA NOFO 1922 74 • All levels of government, including state, local, tribal, territorial, and federal stakeholders 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. Report Issues of Fraud,Waste,Abuse When applying to this NOFO and when administering the grant, applicants may report issues of fraud, waste, abuse, and mismanagement, or other criminal or noncriminal misconduct to the OIG Hotline. The toll-free numbers to call are (800) 323-8603 and TTY (844) 889-4357. 14. Extraordinary Circumstances Applicants and subapplicants must have a current FEMA-approved mitigation plan at the time of application deadline and at the time of the award to receive FMA project subawards; hazard mitigation plans that are approvable pending adoption are not sufficient. The FEMA Regional Administrator may grant an exception to the plan requirements in extraordinary circumstances when the appropriate justification is provided and with concurrence from FEMA Headquarters. For FMA, subapplicants are exempt from the hazard mitigation plan requirement for the mitigation plan development and mitigation plan updates in Capability and Capacity Building Activities type only. Extraordinary circumstances exist when FEMA or the applicant determine that the proposed project is consistent with the priorities and strategies identified in the State or Tribal (Standard or Enhanced) Mitigation Plan and that the jurisdiction meets at least one of the following criteria: • 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 preceding 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 FY 2024 FMA NOFO 1923 75 clearly demonstrate how the above circumstances impacted the community beyond just stating the preceding circumstances. If FEMA grants an extraordinary circumstances exception, FEMA must approve a local or tribal mitigation plan within 12 months of the award of the project subaward to that community. The recipient must acknowledge in writing to the Regional Administrator that the jurisdiction will complete a plan within 12 months of the subaward. The recipient must provide a Compliance Action Plan for completing the local or tribal mitigation plan, including milestones and a timetable, to ensure the jurisdiction will complete the plan in the required time. This requirement must be incorporated into the award (both the planning and project subaward agreements if a planning subaward is also awarded). If a plan is not provided within this time frame, the project subaward will be terminated, and any costs incurred after notice of subaward termination will not be reimbursed by FEMA. FEMA must notify the recipient of the subaward termination. For more information on award termination, refer to Part 8 of the 2024 Hazard Mitigation Assistance Program and Policy 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 noncompliance procedures in Part 8 of the 2024 Hazard Miti ation Assistance Program and Policy Guide. If compliance cannot be achieved, FEMA will apply a remedy action to the planning subaward to address the noncompliance and may, as a result, withhold assistance, recoup assistance, suspend or terminate the planning subaward. 15. Good Jobs Initiative FEMA encourages investment of these funds toward projects that are implemented and designed around the Good Jobs Principles, a description of the elements of a good job that has informed the investment of billions of dollars through the Biden-Harris Administration's Investing in America Agenda. To this end, FEMA encourages applicants to include in their scope of work a narrative addressing how they will ensure that jobs created as a result of FEMA awards create good jobs as defined by these principles. Employers offering jobs like those described in the principles can produce higher-quality work, complete projects ahead of time, and reduce costs because of decreased worker turnover. Because equity is a key element of the Good Jobs Principles, applicants should address what steps they will take to ensure good jobs reach underserved populations. Other potential elements of these suggested good jobs plans could include: • How applicants and partners will ensure timely payment of wages that meet the local cost of living and provide safe worksites • How applicants and partners will ensure access to childcare or other benefits that may be needed to attract and retain working parents • What steps applicants and partners will take to incorporate worker voice into worksites, such as existing collective bargaining agreements or plans for project labor agreements to ensure timely and efficient completion of work FY 2024 FMA NOFO 1924 76 For additional guidance, visit hops://www.dol.gov/general/good-jobs. 16. Phased Projects In general, sufficient technical information is provided by the applicant or subapplicant to allow FEMA to make an eligibility determination on a subapplication for the category which they are submitted under. The costs to obtain this information are generally eligible as pre- award costs. However, in some cases, it is beyond the subapplicant's technical and financial resources to provide the complete technical information required for a full eligibility or EHP review of a complex project. The applicant and FEMA may provide technical assistance to the subapplicant to develop this complete body of technical data by approving a subapplication to finalize Phase I analysis and design, conduct applicable engineering studies,prepare a BCA, and provide documentation for an EHP review. The Phase I deliverables provide FEMA with a technical body of information mutually concurred on by the subrecipient, the recipient, and FEMA to determine project eligibility,technical feasibility, and cost-effectiveness. If the results of the Phase I review indicate that the project meets FMA requirements, the project would then be eligible for funding for construction under a Phase 11 approval. Phase I funding is part of the project's total estimated cost and is subject to FMA cost share requirements. The use of a phased approach should be limited to complex projects (i.e., Localized Flood Risk Reduction Project)that require technical or EHP data beyond the scope of that generally required for a typical FMA activity or project. The following provides guidelines and outlines the process for selecting projects for Phase I/Phase II project approval. a. Pre-Screening Process The subapplicant must submit documentation showing the project meets the following criteria for a Phase I approval: • State or Tribal (Standard or Enhanced)Mitigation Plan: The proposed project must be consistent with the State or Tribal (Standard or Enhanced) Mitigation Plan, as well as the local or Tribal Mitigation Plan for the jurisdiction in which the activity is located. • Justification for Selection of the Proposed Project: Justification must be provided for the selection of the proposed solution after consideration of at least two alternative options. • Potential Cost-Effectiveness: The project demonstrates potential cost- effectiveness based on a preliminary assessment of anticipated project benefits and cost. The subapplicant must be aware that this preliminary assessment is solely for the Phase I pre-screening process and is not the final cost-effectiveness determination. A preliminary BCA is required at the time of application. This requirement does not apply to a small and impoverished communities as defined in 44 C.F.R. 201.2, a federally recognized tribal government, or a subapplication that benefits or primarily benefits a Community Disaster Resilience Zone, where the subapplicant is unable to calculate FY 2024 FMA NOFO 1925 77 a benefit-cost ratio to demonstrate cost-effectiveness as stated in Section D.1 La. • EHP Review: The Phase I review generally is categorically excluded from further review under NEPA with some exceptions. EHP Phase I review should identify any potential EHP compliance issues and information needs required for Phase II review. • Relevant Technical Data: The subapplicant provides available technical data, such as existing or preliminary hydrologic and hydraulic data or preliminary geotechnical data, as appropriate. b. Phase I Award The applicant and FEMA may approve projects meeting the preceding requirements for technical assistance under a Phase I award. FEMA and the applicant will coordinate closely to ensure mutual concurrence on all data and technical information, as well as any conditions included in the Phase I award as the Phase I technical review process. The following conditions must be met through the Phase I deliverables prior to progressing to Phase 11: • Relevant Technical Data: The applicant and FEMA will review technical data, such as hydrologic and hydraulic, environmental, and geotechnical studies provided by the subapplicant, as appropriate. • Preliminary Engineering Design: Based on the technical data,the subapplicant develops a preliminary engineering design, layout, and cost estimates with ad hoc technical assistance from the applicant and FEMA. • Milestones: As available, the subapplicant must provide clear milestones (including those that will have Go/No-Go criteria for competition projects) and proposed timelines, and a list of potential final deliverables. • EO 11988, as amended by EO 13690, and FEMA Policy 206-24- 005: If applicable, based on the technical data and revised engineering design, the project must demonstrate compliance with floodplain management requirements under this EO and FFRMS. If a Flood Insurance Rate Map amendment or revision will be necessary under the provisions of the NFIP, the applicant and FEMA will provide the subapplicant with technical assistance to meet this requirement. • Refinement of the Cost-Effectiveness Assessment: Based on the revised design and cost estimates, the applicant and FEMA will refine the preliminary assessment of cost-effectiveness conducted prior to Phase I approval. This will result in a final benefit-cost ratio to evaluate the project's cost-effectiveness, which will include all the project costs, including those associated with Phase I. FY 2024 FMA NOFO 1926 78 • EHP Review: The applicant and FEMA will conduct a review of the revised project design to ensure EHP compliance. The project will meet EHP requirements before Phase H approval. • Eligible activities under a Phase I award are defined in the award package and are based on the submitted and reviewed Phase I scope of work. A complete and eligible Phase H application, including environmental consultations, demonstration of technical feasibility, and an updated BCA, must be submitted to and approved by FEMA prior to the initiation of any tasks not included in the approved Phase I scope of work. c. Phase II Award Amendment—Construction Process If the project is determined to be eligible, technically feasible, cost-effective, and compliant with EHP requirements under the technical review of Phase I deliverables, the project may then be approved for construction under Phase H. Additional federal funds may be approved in Phase H, subject to the availability of funds. In general, a contractor who develops the Hazard Mitigation Assistance grant application project specifications or is contracted to provide direct assistance with the completion and submission of a grant application, is generally prohibited from competing for the related construction work. See 2 C.F.R. § 200.319(b) and Section H.6.b, Competition and Conflicts of Interest, of this NOFO. d. Integrating Hazard Mitigation and Planning In addition, SLTTs are encouraged, but not required, to pursue hazard mitigation planning and projects with co-benefits that advance shared outcomes for economic, environmental, and social resilience. Alignment with SLTT planning mechanisms (economic development, housing, comprehensive plans, transportation plans, building codes, floodplain ordinances, etc.) and vice versa is vital to build safer, more resilient, equitable communities. This two-way exchange of hazard mitigation principles, risk and vulnerability assessments, and mitigation strategies supports community-wide risk reduction, both before and after disasters occur. Not only will SLTT planning efforts be better integrated, but by going through this process, there is a higher level of interagency coordination, which is just as important as the planning mechanisms. Additional information on hazard mitigation planning policies, training, and planning integration can be found at the FEMA Implement, Integrate and Maintain Mitigation Planninz Activities, Guides to Expanding Mitigation,tion, and the American Planning Association's Hazards Planning. 17. Hazard-Resistant Building Codes Hazard-resistant building codes are a foundational element of a more resilient nation, safeguarding communities and lives against natural disasters, with an estimated $11:1 return on investment. The adoption, enforcement, and application of modern building codes mitigates community vulnerabilities, reduces disaster recovery costs, and strengthens FY 2024 FMA NOFO 1927 79 nationwide capability. FEMA is working to promote and support building codes in all areas of its work in support of the multiagency National Initiative to Advance Building Codes. In the interest of building a stronger, more resilient nation, FEMA encourages all grant recipients and subrecipients to prioritize actions that result in adoption and meet current published editions of relevant consensus-based building codes, specifications, and standards, and to exceed them, where feasible. 18. Appendices a. Abbreviations • %: Percent • ACV: Actual Cash Value • AOR: Authorized Organization Representative • BABAA: Build America, Buy America Act • BCA: Benefit-Cost Analysis • BIL,: Bipartisan Infrastructure Law • C.F.R: Code of Federal Regulations • C&CB: Community and Capacity Building • CDC: Centers for Disease Control and Prevention • CEJST: Climate and Economic Justice Screening Tool • CPARS: Contracting Performance Assessment Reporting System • CRS: Community Rating System • DHS: U. S. Department of Homeland Security • EHP: Environmental Planning and Historic Preservation • EIN: Employer Identification Number • EO: Executive Order • ET: Eastern Time • F&A: Facilities and Administrative • FAPIIS: Federal Awardee Performance and Integrity Information System • FEMA: Federal Emergency Management Agency • FEMA GO: FEMA Grants Outcomes • FFR: Federal Financial Report • FFRMS: Federal Flood Risk Management Standard • FMA: Flood Mitigation Assistance • FY: Fiscal Year • FY 2019 NDAA: John S. McCain National Defense Authorization Act for FY 2019, Pub. L. No. 115-232 (2018) • GAO: U.S. Government Accountability Office • GSA: General Services Administration • HELP: Hazard Eligibility and Local Projects • ICC: Increased Cost of Compliance FY 2024 FMA NOFO 1928 80 • IDC: Indirect F&A Costs • IFFR: Identified for Further Review • ILIA: Infrastructure Investment and Jobs Act • KML/KMZ: Keyhole Markup Language • NDAA: National Defense Authorization Act • NEPA: National Environmental Policy Act • NFIP: National Flood Insurance Program • OEHP: FEMA Office of Environmental Planning and Historic Preservation • OIG: Office of Inspector General • OMB: Office of Management and Budget • PDAT: Procurement Disaster Assistance Team • POP: Period of Performance • RCV: Replacement Cost Value • RL: Repetitive Loss • Safeguarding Tomorrow RLF: Safeguarding Tomorrow through Ongoing Risk Management Revolving Loan Fund • SAM: System for Award Management • SF: Standard Forms • SFHA: Special Flood Hazard Area • SLFRF: State and Local Fiscal Recovery Funds • SLTT: State, Local, Tribal, and Territorial • SPOC: Single Point of Contact • SRL: Severe Repetitive Loss • SVL Social Vulnerability Index • U.S.C.: U.S. Code • UEL Unique Entity Identifier b. Resources • 2020-2024 Department of Homeland Security Strategic Plan: https://www.dhs.�zov/publication/department-homeland-securitvs-strategic-plan- fiscal-years-2020-2024 • 2022-2026 FEMA Strategic Plan: his://www.fema.gov/about/strateplan • Building Community Resilience with Nature-Based Solutions: A guide for local communities: https://www.fema.gov/emery-managers/risk- mement/nature-based-solutions • Building Community Resilience with Nature-Based Solutions: Strategies for success: https://www.fema.�zov/sites/default/files/documents/fema nbs community- resilience-strategies-success-102023.pdf FY 2024 FMA NOFO 1929 81 • "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure: httf)s://www.fema.�ov/ rants/Dolicv-�zuidance/buv-america • CDC Agency for Toxic Substances and Disease Registry Social Vulnerability Index: hLtps://www.atsdr.cdc.gov/communiiy-stress-resource- center/php/resources/social-vulnerabilily-index.htinI • CEJST: httf)s:Hscreenin�tool.�eoDlatfon-n.gov • Community Disaster Resilience Zones: Community Disaster Resilience FEMA.gov • DHS Standard Terms and Conditions: htty)://www.dhs. ov/Dublication/ hs- standard-terms-and-conditions • Embodied Carbon in Construction Calculator: hjLtps://www.buildingtransparency.or�gz// • EHP: httf)s://www.fema.�ov/emergencv-mana /Dractitioners/environmental- historic • EO 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government: hqp://www.whitehouse.gov/briefing-room • FFRMS: www.fema.gov/floodDlain-management/intergovemmental/federal- flood-risk-management-standard • FFRMS Floodplain Determination Job Aid: hLtps://www.fema.gov/sites/defatilt/files/documents/fema ffn-ns-floodplain- deten-nination-iob-aid.pdf • Federal Flood Standard Support Tool: httj):Hffn-ns.climate.gov/ • FEMA BCA: hqps://www.fema.gov/grants/guidance-tools/benefit-cost-analysis • FEMA Climate-Related Financial Risk: hLtps://www.federalregister.gov/documents/2021/05/25/2021-11168/climate- related-financial-risk • FEMA Create a Hazard Mitigation Plan: hqps://www.fema.gov/emergency- ma iagers/risk-management/hazard-mitigation-planning/create-hazard-plan • FEMA GO: hLtps:Hgo.fema.gov/ • FEMA's Grant Equity Threshold Tool: hLtps:Hscreeningtool.geoplatfon-n.gov • FEMA Hazard Mitigation Assistance Cost Share Guide: hLtps://www.fema.gov/sites/defatilt/files/2020-08/fema hma cost-share:gqj&.pdf • FEMA Hazard Mitigation Assistance Program and Policy Guide: hqps://www.fema.gov/grants/mitigation/guide • FEMA NFIP Community Status Book: httf)s://www.fema.�ov/flood- insurance/work-with-nfip/communiiy-stattis-book • FEMA National Risk Index: https://www.fema.gov/flood-maps/products- tools/nazi onal-ri sk-index • FEMA Nationwide Building Code Adoption Tracking: hLtps://www.fema.gov/emergency-managers/risk-management/building- science/bcat • FEMA Procurement Disaster Assistance Team: hLtps://www.fema.gov/sites/defatilt/files/documents/fema—PDAT-field-. manual I.Q2021.pdf • FEMA Resilience Analysis and Planning Tool: httf)s://www.fema.�ov/raDt FY 2024 FAIM NOFO 1930 82 0 FEMA Tribal Mitigation Plan Review Guide: httf)s://www.fema.�ov/sites/defatilt/files/2020-06/fema-tribal-miti�zationzplan- review-guide 12-05-2017.pd 0 Fifth National Climate Assessment: hLtps:Hnca2023.globalchange.gov/ 0 GDIT TSS Service Portal: hLtps://www.fsd.gov/fsd-gov/hoine.do 0 GSA Programs for State and Local Governments: hLtps://www.gsa.gov/buy- through-us/purchas in g-pro gram s/multi pl e-award-s chedul e/help-wi th-m as- buying/mas-help-for-.state-local-and-tribal-govemments 0 Improving Cybersecurity for Critical Infrastructure Control Systems: hLtps://www.cisa.gov/control-systems-goals-and-objectives 0 National Oceanic and Atmospheric Administration's Sea Level Rise Viewer: hqps:Hcoast.noaa.gov/digitalcoast/tools/slr.htinl 0 National Risk Index: httf)s:Hhazards.fema.�ov/nri/ 0 2022 Sea Level Rise Technical Report: hLtps:Hoceanservice.noaa.gov/hazards/sealevelrise/sealevelrise-tech-report.htinI 0 SAM: hLtps://sam.gov/ 0 State Hazard Mitigation Officers: hLtp://www.fema.gov/state-hazard-mitiga�� officers 0 Tools to Assist with FEMA Grants: hLtps://www.fema.gov/grants/tools 0 UEI Updates: hqps://www.grants.gov/fon-ns/forms-development/planned-uei- Wdates FY 2024 FAIM NOFO 1931