prepared by Charles Childress
USM Economic Development Masters Program
Contents
FEMA overview
Public Assistance Grant Program
Infrastructure Projects
National Dam Safety Program
Severe Repetitive Loss Program
Repetitive Flood Claims Program
Community Assistance Program - State Support Services Element
Increased Cost of Compliance Coverage
FEMA overview
FEMA is a Federal organization whose mission is to help America recover from disasters. A critical step in being eligible for FEMA grants is for your area to be classified as a National Disaster Area by the President. The biggest part of dealing with FEMA is making sure that you have all documentation on public buildings to provide the agency with so they can determine reimbursement. Basically, try to complete the grant before you need to. Work with a FEMA representative on preparing your packets, this will be the best way to streamline the process.
Website: www.fema.gov
Phone: 1-800-621-3362 (Staffed 24 hours a day)
Email: FEMA-Correspondence-Unit@dhs.gov
Office Locations: FEMA will open up local offices per each disaster area.
Pre-Disaster Mitigation Grant Program
Summary:
The Pre-Disaster Mitigation (PDM) program provides funds to states, territories, Indian tribal governments, communities, and universities for hazard mitigation planning and the implementation of mitigation projects prior to a disaster event. Funding these plans and projects reduces overall risks to the population and structures, while also reducing reliance on funding from actual disaster declarations. PDM grants are to be awarded on a competitive basis and without reference to state allocations, quotas, or other formula-based allocation of funds.
Must use the www.portal.fema.gov website to submit the application.
States must submit a minimum of $500,000 of mitigation study research. FEMA will choose at its own discretion which sub-applications per state will be used. However, it is possible to receive more than $500,000 per state.
 http://vortis.com/blog/archives/2005/may/Prepare.jpg
Public Assistance Grant Program
The objective of the Federal Emergency Management Agency's (FEMA) Public Assistance (PA) Grant Program is to provide assistance to State, Tribal and local governments, and certain types of Private Nonprofit organizations so that communities can quickly respond to and recover from major disasters or emergencies declared by the President.
Through the PA Program, FEMA provides supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and the repair, replacement, or restoration of disaster-damaged, publicly owned facilities and the facilities of certain Private Non-Profit (PNP) organizations. The PA Program also encourages protection of these damaged facilities from future events by providing assistance for hazard mitigation measures during the recovery process.
The Federal share of assistance is not less than 75% of the eligible cost for emergency measures and permanent restoration. The grantee (usually the State) determines how the non-Federal share (up to 25%) is split with the sub grantees (eligible applicants). Also, while repairing the damaged property, the money provided will only pay for damages to the property not improvements. http://www.fema.gov/government/grant/pa/index.shtm
After a natural or man-made event that causes extensive damage, FEMA coordinates with the State to implement the Public Assistance Grant Program. The funding process consists of the following steps:
- Preliminary Damage Assessment (PDA)
- Presidential Disaster Declaration
- Applicants' Briefing by Grantee
- Submission of Request for Public Assistance by Applicant
- Kick-off Meeting with Public Assistance Coordinator (PAC)
- Project Formulation and Cost Estimating
- Project Review and Validation
- Obligation of Federal Funds and Disbursement to Sub grantees
- Appeals and Closeout
Infrastructure Projects
Eligible Applicants
Four types of entities are eligible applicants for Public Assistance. If an entity meets the requirements of one of the types, the applicant may apply for FEMA disaster assistance.
The types of eligible applicants are:
1. State government agencies, such as:
- Departments of transportation
- Environmental resources agencies
- State parks agencies
- Water quality commissions
2. Local governments, including:
- Towns, cities, parishes
- Municipalities, townships
- Local public authorities
- Government councils
- Regional and interstate government entities
- Agencies or instrumentalities of local governments
- Special districts or regional authorities organized under state law
- Rural or unincorporated communities represented by the state or apolitical subdivision of the state
- School districts
3. Private nonprofit organizations or institutions that own or operate facilities that are open to the public and that provide certain services otherwise performed by a government agency. Eligible facilities are limited to:
- Educational
- Emergency
- Medical
- Utilities
- Custodial care
- Irrigation organizations
- Other essential governmental services not falling into one of the categories described above, including community centers, homeless shelters, libraries, museums, rehabilitation centers, senior citizen centers, shelter workshops, zoos, and health and safety service facilities
4. Federally recognized Indian tribes or authorized tribal organizations and Alaskan Native village organizations. This does not include Alaska Native Corporations, which are owned by private individuals.
All eligible applicants, except Indian tribal governments that have been designated as grantees, must submit their requests for assistance through the state.
Eligible Costs
Not all costs incurred by an eligible applicant are eligible for Public Assistance funding. Eligible costs are costs that:
- Are reasonable and necessary to accomplish the eligible work
- Comply with federal, state, and local requirements for procurement
- Do not include (or are reduced by) insurance proceeds, salvage values, and other credits
The eligible cost criteria apply to all direct costs, including salaries, wages, fringe benefits, materials, equipment, and contracts awarded for eligible work. In addition to these direct costs, an applicant will receive an administrative allowance.
Eligible Facilities (Projects)
Projects eligible for Public Assistance funding include facilities for transportation, water control, utilities, and recreation, and are listed below by the categories defined by FEMA.
- Category A: Removal of debris, including clearance of trees, woody debris, and building wreckage; sand, mud, silt, and gravel; and other disaster-related material on public property.
- Category B: Measures taken before, during, and after a disaster to save lives and protect public health and safety.
- Category C: Roads, bridges, and associated features, such as shoulders, ditches, culverts, lighting and signs.
- Category D: Water control facilities, including drainage channels, pumping facilities, and the emergency repair of levees. Permanent repair of flood control works is the responsibility of the U.S. Army Corps of Engineers and the Natural Resources Conservation Service.
- Category E: Buildings including their contents and systems.
- Category F: Utility distribution systems, such as water treatment and delivery systems, power generation facilities and distribution lines, and sewage collection and treatment facilities.
- Category G: Public parks, recreational facilities and other facilities, including playgrounds, swimming pools and cemeteries.
Eligible Work
In general, eligible work is based on the following minimum criteria:
- It must be required as a direct result of the declared event
- It must be within the designated disaster area
- It must be the legal responsibility of an eligible applicant at the time of the disaster
There are two types of work eligible for the Public Assistance Grant Program. These types of work are:
- Emergency work (Categories A and B)
- Permanent work (Categories C through G)
Alternate Projects
Occasionally an applicant may determine that the public welfare would not be best served by restoring a damaged facility or its function to the pre-disaster design. This usually occurs when the service provided by the facility is no longer needed, although the facility was still in use at the time of the disaster. Under these circumstances, the applicant may apply to FEMA to use the eligible funds for an alternate project.
Possible alternate projects include:
- Repair or expansion of other public facilities
- Construction of new public facilities
- Purchase of capital equipment
- Funding of hazard mitigation measures in the area affected by the disaster
The alternate project option may be proposed for both small and large projects, but only for permanent restoration projects located within the declared disaster area. All requests for alternate projects must be made within 12 months of the kickoff meeting and approved by FEMA prior to construction. However, due to the extent of disaster related damage in Greater New Orleans, many deadlines have been extended.
Alternate projects are eligible for 75 percent of the approved federal share of the estimated eligible costs associated with repairing the damaged facility to its pre-disaster design, or the actual costs of completing the alternate project, whichever is less. The share of the costs may be increased to 90 percent for publicly owned facilities where unstable soils are present at the site of the damaged facility. This exception does not apply to private nonprofit facilities.
The proposed alternate project must not be located in the regulatory floodway and will have to be insured if located in the 100-year floodplain. Public Assistance funding may not be used for operating costs or to meet the state or local share requirement on other Public Assistance projects or projects that use other federal grants. Hazard Mitigation funds cannot be applied to an alternate project (Hazard Mitigation, Stafford Act Section 406). An environmental assessment is normally performed for alternate projects. For alternate projects in Greater New Orleans, Alternative Arrangements will be used and applicants must meet all Alternative Arrangement requirements. Environmental/Historic Preservation review must be completed prior to approval of alternate projects by the grantee.
Improved Projects
Applicants performing restoration work on a damaged facility may use the opportunity to make additional improvements while restoring the facility to its pre-disaster design. For example, an applicant might propose laying asphalt on a gravel road or replacing a firehouse that originally had two bays with one that has three. Projects that incorporate such improvements are called improved projects. For the most part, these are projects in which it is hard to differentiate between the funding for approved work the improved project because of physical changes or contracting arrangements.
An improved project may be requested for both small and large projects, but must be approved by the grantee prior to construction. Any project that results in a significant change from the pre-disaster configuration (that is, different location, footprint, function, or size) must be reviewed by FEMA's Environmental and Historic Preservation process prior to initiation of any construction or deconstruction activity. Environmental/Historic Preservation review must be completed prior to approval of improved projects by the grantee.
Federal funding for improved projects is limited to the federal share of the estimated costs and to the time limits that would be associated with repairing the damaged facility to its pre-disaster design. Funds to construct the improved project can be combined with a grant from another federal agency; however, federal grants cannot be used to meet the grantee or local cost-share requirement.
If the original facility is being repaired and improvements are being added, Section 406 Hazard Mitigation funding may be applied to the original facility. If the improved project involves a new facility on the same site or on a different site, Hazard Mitigation funding will not be applied to that project
Crawford, Murphy, & Tilly, Inc. Retrieved June 30, 2008: http://www.cmtengr.com/ww_3_spi.htm
About the National Dam Safety Program
For more than 25 years, the Federal Government has been working to protect Americans from dam failure through the National Dam Safety Program (NDSP). The NDSP, which is led by FEMA, is a partnership of the states, federal agencies, and other stakeholders to encourage individual and community responsibility for dam safety.
The NDSP, which was formally established by the Water Resources and Development Act of 1996, includes:
The Dam Safety and Security Act of 2002, signed into law on December 2, 2002, reauthorized the NDSP for 4 more years and added enhancements to the 1996 Act that are designed to safeguard dams against terrorist attacks.
NDSP Public Laws
The states use NDSP funds for the following types of activities:
- Dam safety training for state personnel.
- Increase in the number of dam inspections.
- Increase in the submittal and testing of Emergency Action Plans.
- More timely review and issuance of permits.
- Improved coordination with state emergency preparedness officials.
- Identification of dams to be repaired or removed.
- Conduct of dam safety awareness workshops and creation of dam safety videos and other outreach materials.
For more information on state dam safety programs, visit the Association of State Dam Safety Officials (ASDSO).
Dam Safety Research
Research is critical to the Nation's agenda for dam safety. Research funding under the National Dam Safety Program (NDSP) has addressed a cross-section of issues and needs, all in support of ultimately making dams in the United States safer.
To guide decisions on the funding of specific research projects, the National Dam Safety Review Board developed a 5-year Strategic Plan to prioritize research needs in dam safety. The goal in developing the Strategic Plan was to ensure that priority would be given to those projects demonstrating a high degree of collaboration and expertise, and the likelihood of producing products that will contribute to the safety of dams in the United States.
Over the past 6 years, research funds have been allocated to workshops in nine of the priority areas. Based on the workshop findings, research topics have been pursued and several topics have now progressed to products of use to the dam safety community, including technical manuals and guidelines. For future research, it is the goal of the Work Group to expand dam safety research to other institutions and professionals performing research in the field. For information on the NDSP research program, visit Dam Safety Publications and Other Resources.
Since the inception of the National Dam Safety Program (NDSP) in 1979, FEMA has supported a strong, collaborative training program for dam safety professionals and dam owners. With NDSP training funds, FEMA has been able to expand existing training programs, begin new initiatives to keep pace with evolving technology, and enhance the sharing of expertise between the federal and state sectors.
Training activities conducted under the NDSP fall under one of three components:
- national training opportunities, most of which are conducted at FEMA's Emergency Management Institute;
- regional training conducted by the Association of State Dam Safety Officials (ASDSO) and other private vendors; and
- Local training through direct assistance to the states and self-paced training.
For more information on dam safety training funded by the NDSP, visit the Association of State Dam Safety Officials (ASDSO).
California Department of Water Resources. Retrieved June 30, 2008: http://orovillerelicensing.water.ca.gov/graphics/p_thermalito%20diversion%20dam3.gif
The Severe Repetitive Loss (SRL) grant program
The Severe Repetitive Loss (SRL) grant program was authorized by the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, which amended the National Flood Insurance Act of 1968 to provide funding to reduce or eliminate the long-term risk of flood damage to severe repetitive loss (SRL) structures insured under the National Flood Insurance Program (NFIP).
Definition: The definition of severe repetitive loss as applied to this program was established in section 1361A of the National Flood Insurance Act, as amended (NFIA), 42 U.S.C. 4102a. An SRL property is defined as a residential property that is covered under an NFIP flood insurance policy and:
(a) That has at least four NFIP claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or
(b) For which at least two separate claims payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building.
For both (a) and (b) above, at least two of the referenced claims must have occurred within any ten-year period, and must be greater than 10 days apart.
Purpose: To reduce or eliminate claims under the NFIP through project activities that will result in the greatest savings to the National Flood Insurance Fund (NFIF).
Eligible flood mitigation project activities:
- Acquisition and relocation of at risk structures and conversion of the property to open space;
- Elevation of existing structures to at least the Base Flood Elevation (BFE) or an Advisory Base Flood Elevation (ABFE) or higher. For the SRL program only, mitigation reconstruction is permitted only when traditional elevation cannot be implemented;
- Minor physical localized flood reduction projects; and
- Dry flood proofing (historic properties only).
Federal / Non-Federal cost share: 75 / 25 %; up to 90 % Federal cost-share funding for projects approved in States, Territories, and Federally-recognized Indian tribes with FEMA-approved Standard or Enhanced Mitigation Plans or Indian tribal plans that include a strategy for mitigating existing and future SRL properties.
Repetitive Flood Claims Program
Program Overview
The Repetitive Flood Claims (RFC) grant program was authorized by the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (P.L. 108–264), which amended the National Flood Insurance Act (NFIA) of 1968 (42 U.S.C. 4001, et al).
Up to $10 million is available annually for FEMA to provide RFC funds to assist States and communities reduce flood damages to insured properties that have had one or more claims to the National Flood Insurance Program (NFIP).
Eligible Mitigation Activities
- Acquisition of properties, and either demolition or relocation of flood-prone structures, where the property is deed restricted for open space uses in perpetuity.
- Elevations
- Dry Flood proofing of non-residential structures
- Minor localized flood control projects (funding limited to $1M per project)
Federal / Non-Federal Cost Share
FEMA may contribute up to 100 percent of the total amount approved under the RFC grant award to implement approved activities, if the Applicant has demonstrated that the proposed activities can not be funded under the Flood Mitigation Assistance (FMA) program due to lack of State or local capacity, which includes either inability to manage the sub-grant or lack of 25% match.
Application Development
FEMA's mitigation grants, including RFC, are provided to eligible Applicant States/Tribes/Territories that, in turn, provide sub-grants to local governments. The Applicant selects and prioritizes applications developed and submitted to them by local jurisdictions to submit to FEMA for grant funds.
Prospective Sub-applicants should consult the official designated point of contact for their Applicant State/Tribe/Territory for further information regarding specific program and application requirements:
Application Process
- Applicants MUST use FEMA’s web-based Electronic Grants Management System (eGrants) to submit their RFC applications.
- www.fema.gov/government/grant/egrant.shtm
- Because of differing performance periods for each grant type, Applicants must submit separate applications in eGrants for Planning, Project, and Technical Assistance grants.
- Only RFC grant applications submitted through eGrants will be accepted.
- Additional information for FEMA mitigation grant activities, including project development and pre-award requirements, is available on the Grant Applicant Resources web page: www.fema.gov/government/grant/resources/index.shtm
Saulny, Susan, and Mike Nizza. 2008. Iowa Flooding Prompts Evacuations. New York Times. Retrieved June 30, 2008: http://www.nytimes.com/2008/06/12/us/13cnd-flood.html?_r=1&adxnnl=1&oref=slogin&adxnnlx=1213934896-TcDs/uE+Jim73pT2KEUp7w
Community Assistance Program - State Support Services Element (CAP-SSSE)
The Community Assistance Program –State Support Services Element (CAP-SSSE) program derives its authority from the National Flood Insurance Act of 1968, as amended, the Flood Disaster Protection Act of 1973, and from 44 CFR Parts 59 and 60. This program provides funding to States to provide technical assistance to communities in the National Flood Insurance Program (NFIP) and to evaluate community performance in implementing NFIP floodplain management activities. In this way, CAP-SSSE helps to:
- Ensure that the flood loss reduction goals of the NFIP are met,
- Build State and community floodplain management expertise and capability, and
- Leverage State knowledge and expertise in working with their communities.
The National Flood Insurance Act of 1968 prohibits the Director from providing flood insurance in a community unless that community adopts and enforces floodplain management measures that meet or exceed minimum criteria in 44 CFR Part 60.3. These floodplain management measures can take the form of floodplain management ordinances, building codes, or zoning provisions.
FEMA Regional Offices and the designated State agency negotiate a CAP-SSSE Agreement (Agreement) that specifies activities and products to be completed by a State in return for CAP-SSSE funds. In addition, since Federal Fiscal Year (FY) 2005, each State is required to develop a Five-Year Floodplain Management Plan (Five-Year Plan) describing the activities to be completed using CAP-SSSE funding as well as how the required performance metrics will be met. Performance standards that address quality of service are to be developed and measured. There is a 25 percent non-federal match for all States receiving CAP-SSSE funds.
Click on State Program Summaries to view the floodplain management activities States are implementing to ensure the flood loss goals of the NFIP.
The fundable CAP-SSSE activities for FY 2006 include:
- Performance Measurement/Five-Year Plan Updates
- State Model Ordinance Research and Development
- Ordinance Assistance
- Tracking and Reporting Floodplain Management Data
- Community Assistance Visits and Community Assistance Contacts
- Outreach, Workshops, and Other Training
- General Technical Assistance
- Mapping Assistance
- Coordination with Other State Programs and Agencies
- Assistance to Communities in Responding to Disasters
Program Guidance
More information on the fundable CAP-SSSE activities, the Five-Year Plan, and performance metrics is available in the annual CAP-SSSE guidance document.
Increased Cost of Compliance Coverage
If your home or business is damaged by a flood, you may be required to meet certain building requirements in your community to reduce future flood damage before you repair or rebuild. To help you cover the costs of meeting those requirements, the National Flood Insurance Program (NFIP) includes Increased Cost of Compliance (ICC) coverage for all new and renewed Standard Flood Insurance Policies.
How Much Coverage is Available
Flood insurance policyholders in high-risk areas, also known as special flood hazard areas, can get up to $30,000 to help pay the costs to bring their home or business into compliance with their community's floodplain ordinance.
There are four options you can take to comply with your community's floodplain management ordinance and help you reduce future flood damage. You may decide which of these options is best for you.
Elevation, Relocation, Demolition, and Floodproofing.
When to File an ICC Claim
You may file a claim for your Increased Cost of Compliance coverage in two instances:
- If your community determines that your home or business is damaged by flood to the point that repairs will cost 50 percent or more of the building's pre-damage market value. This is called substantial damage.
- If your community has a repetitive loss provision in its floodplain management ordinance and determines that your home or business was damaged by a flood two times in the past 10 years, where the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of its market value at the time of each flood. This is called repetitive damage. Additionally, there must have been flood insurance claim payments for each of the two flood losses.
How to File an ICC Claim
Your ICC claim is adjusted separately from the flood damage claim you file under your Standard Flood Insurance Policy. You can only file an ICC claim if your community determines that your home or business has been substantially damaged or repetitively damaged by a flood. This determination is made when you apply for a building permit to begin repairing your home or business.
How Your ICC Claim Payment is Handled
You may be able to receive a partial payment once the claims representative has a copy of the signed contract for the work, a permit from the community to do the work, and a return of your signed ICC Proof of Loss. If the work is not completed, you must return any partial payment to your insurer. When the work is completed, local officials will inspect and issue a certificate of occupancy or a confirmation letter. Once you submit this document to your claims representative, your insurer will pay the final installment or full payment. ICC claims will only be paid on flood-damaged homes and businesses, and can only be used to pay for costs of meeting the floodplain management ordinance in your community.
For more information on ICC coverage, call your insurance company or agent, or call the NFIP toll-free at 1-800-427-4661. TDD# 1-800-427-5593.
Stephens & Sons House Movers, Inc. Retrieved June 30, 2008: http://sandshousemoving.com/images/Raise/YellowHouse.JPG
|
