[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