[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11422]
[[Page Unknown]]
[Federal Register: May 11, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 206
RIN 3067-AC23
Disaster Assistance; Hazard Mitigation and Relocation Assistance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Interim rule.
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SUMMARY: This interim rule increases the Federal share for eligible
hazard mitigation and relocation assistance projects from a maximum of
50 percent to 75 percent, increases the total amount of grant
assistance available for each disaster, and places restrictions on
property acquisition and relocation projects. The intent of the changes
is to carry out the Hazard Mitigation and Relocation Assistance Act of
1993, which provides new flexibility in hazard mitigation and
relocation assistance to States.
EFFECTIVE DATE: May 11, 1994.
FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Chief, Program
Implementation Division, room 417, 500 C Street SW., Washington, DC
20472, (202) 646-3619.
SUPPLEMENTARY INFORMATION: The President signed the Hazard Mitigation
and Relocation Assistance Act (the Act), Pub. L. 103-181, on December
3, 1993. The Act amends Section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170c, to
increase the Federal contribution to 75 percent, to increase the limit
on Federal expenditures, and to place restrictions on property
acquisition and relocation project grants. This interim rule amends 44
CFR part 206 to implement the Act.
We amend the definition of grant to include the newly established
limit on the total grant award. The Act states that the grant award for
hazard mitigation shall not exceed 15 percent of the total estimated
Federal grant assistance (excluding administrative costs) provided
under the Stafford Act. Grant assistance is available under Sections
403, 406, 407, 408, 410, 411, 416, and 601 of the Stafford Act. FEMA
will estimate the amount of assistance provided under these sections
based on available data summarized in the damage survey reports and the
Disaster Management and Projections report. FEMA will include in this
total the cost of mission assignments to other agencies that provide
functions that would normally be funded as grant assistance.
The Act increases from 50 percent to 75 percent the maximum Federal
contribution of the cost of hazard mitigation measures, and increases
total grant awards from 10 percent of Section 406 to 15 percent of the
total estimated Federal assistance under the Stafford Act.
Under the Act, FEMA must restrict the eligibility of projects
involving property acquisition and relocation assistance for property
owners and structures. An eligible applicant must enter an agreement
with the Director of FEMA that provides assurances that the property
will be dedicated and maintained in perpetuity for uses compatible with
open space, recreational, or wetlands management practices, and no
future Federal disaster assistance in any form will be sought or given
with respect to the property. No structures can be built on these
properties unless they are public facilities and functionally related
to open space usage and are open on all sides, or are rest rooms.
The Director may approve other structures, in writing and before
construction begins. The Director's approval will be granted rarely,
and when granted, buildings must be compatible with open space,
recreational, or wetlands management practices and be in accordance
with sound floodplain management.
The Act makes the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 inapplicable to properties damaged by
flooding during the 1993 Midwest Floods when certain conditions are
met. We define the conditions under which acquisition of certain
properties in nine midwestern States is not subject to the Uniform
Relocation Act. The intent and effect of this provision is to simplify
and speed the acquisition and relocation process in the nine States
severely affected by the Midwest Floods of 1993.
National Environmental Policy Act
This rule is excluded from the requirements of 44 CFR part 10,
Environmental Consideration. No environmental assessment has been
prepared.
Executive Order 12866, Regulatory Planning and Review
Promulgation of this interim rule is required by statute, 42 U.S.C.
5170(c), which also specifies the regulatory approach taken in the
proposed rule. To the extent possible under the statutory requirements
of 42 U.S.C. 5170(c), this proposed rule adheres to the principles of
regulation as set forth in this Executive Order.
Paperwork Reduction Act
This rule does not involve any collection of information for the
purposes of the Paperwork Reduction Act.
Executive Order 12612, Federalism
In promulgating this rule, FEMA has considered the President's
Executive Order 12612 on Federalism. This rule makes no changes in the
division of governmental responsibilities between the Federal
government and the States. Grant administration procedures under 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, remain the same. No
Federalism assessment has been prepared.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, Civil Justice Reform, dated October 25, 1991, 3
CFR, 1991 Comp., p. 359.
List of Subjects in 44 CFR Part 206
Administrative practice and procedure, Community facilities,
Disaster Assistance, Grant programs-housing and community development,
Housing, Natural resources.
Accordingly, 44 CFR part 206 is amended as follows:
1. The authority citation for part 206 continues to read as
follows:
Authority: The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of
1978, 5 U.S.C. App.1; E.O. 12148, 3 CFR, 1979 Comp., p. 412; and
E.O. 12673, 3 CFR, 1989 Comp., p. 214.
2. Section 206.430 is revised to read as follows:
Sec. 206.430 General.
This subpart provides guidance on the administration of hazard
mitigation grants made under the provisions of section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5170c, hereafter Stafford Act, or the Act.
3. Paragraph (c) of Section 206.431 is revised to read as follows:
Sec. 206.431 Definitions.
* * * * *
(c) Grant means an award of financial assistance. The total grant
award shall not exceed ten percent of the estimated Federal assistance
provided under section 406 of the Stafford Act for major disasters
declared before June 10, 1993. For major disasters declared on or after
June 10, 1993, the total grant award shall not exceed 15 percent of the
total estimated Federal assistance (excluding any associated
administrative costs) provided under sections 403, 406, 407, 408, 410,
411, 416, and 601 of the Stafford Act.
* * * * *
4. Paragraphs (b) and (c) of section 206.432 are revised to read as
follows:
Sec. 206.432 Federal grant assistance.
* * * * *
(b) Limitations on Federal expenditures. The total of Federal
assistance under section 404 shall not exceed 15 percent of the total
estimated Federal assistance (excluding any associated administrative
costs) provided under sections 403, 406, 407, 408, 410, 411, 416, and
601 of the Stafford Act. The estimate of Federal assistance under these
sections shall be based on the Regional Director's estimate of all
Damage Survey Reports, actual grants, mission assignments, and
associated expenses.
(c) Cost sharing. All mitigation measures approved under the
State's grant will be subject to the cost sharing provisions
established in the FEMA-State Agreement. FEMA may contribute up to 75
percent of the cost of measures approved for funding under the Hazard
Mitigation Grant Program for major disasters declared on or after June
10, 1993. FEMA may contribute up to 50 percent of the cost of measures
approved for funding under the Hazard Mitigation Grant Program for
major disasters declared before June 10, 1993. The nonfederal share may
exceed the Federal share. FEMA will not contribute to costs above the
Federally approved estimate.
5. Section 206.434 is amended by revising paragraph (c)(4),
redesignating paragraphs (d) and (e) as paragraphs (f) and (g)
respectively, and adding new paragraphs (d) and (e) to read as follows:
Sec. 206.434 Eligibility.
* * * * *
(c) * * *
(4) Property acquisition or relocation, as defined in
Sec. 206.434(d);
* * * * *
(d) Property acquisition and relocation requirements. A project
involving property acquisition or the relocation of structures and
individuals is eligible for assistance only if the applicant enters an
agreement with the FEMA Regional Director that provides assurances
that:
(1) The following restrictive covenants shall be conveyed in the
deed to any property acquired, accepted, or from which structures are
removed (hereafter called in section (d) the property):
(i) The property shall be dedicated and maintained in perpetuity
for uses compatible with open space, recreational, or wetlands
management practices; and
(ii) No new structure(s) will be built on the property except as
indicated below:
(A) A public facility that is open on all sides and functionally
related to a designated open space or recreational use;
(B) A rest room; or
(C) A structure that is compatible with open space, recreational,
or wetlands management usage and proper floodplain management policies
and practices, which the Director approves in writing before the
construction of the structure begins.
(iii) After completion of the project, no application for
additional disaster assistance will be made for any purpose with
respect to the property to any Federal entity or source, and no Federal
entity or source will provide such assistance.
(2) In general, allowable open space, recreational, and wetland
management uses include parks for outdoor recreational activities,
nature reserves, cultivation, grazing, camping (except where adequate
warning time is not available to allow evacuation), temporary storage
in the open of wheeled vehicles which are easily movable (except mobile
homes), unimproved, previous parking lots, and buffer zones.
(3) Any structures built on the property according to paragraph
(d)(1) of this section, shall be floodproofed or elevated to the Base
Flood Elevation plus one foot of freeboard.
(e) Inapplicability of the Uniform Relocation Act. The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 does not apply to real property acquisition projects which meet
the criteria identified below:
(1) The project provides for the purchase of property damaged by
the major, widespread flooding in the States of Illinois, Iowa, Kansas,
Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and
Wisconsin during 1993;
(2) It provides for such purchase solely as a result of such
flooding;
(3) It is carried out by or through a State or unit of general
local government;
(4) The purchasing agency (grantee or subgrantee) notifies all
potential property owners in writing that it will not use its power of
eminent domain to acquire the properties if a voluntary agreement is
not reached;
(5) The project is being assisted with amounts made available for:
(i) Disaster relief by the Federal Emergency Management Agency; or
(ii) By other Federal financial assistance programs.
* * * * *
(Catalogue of Federal Domestic Assistance No. 83-516, ``Disaster
Assistance'')
Dated: May 4, 1994.
James L. Witt,
Director.
[FR Doc. 94-11422 Filed 5-10-94; 8:45 am]
BILLING CODE 6718-02-P
