[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Proposed Rules]
[Pages 24143-24145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11641]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC69


Disaster Assistance; Hazard Mitigation Grant Program

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the categories of projects 
currently eligible for funding under the Hazard Mitigation Grant 
Program (HMGP) by defining eligible mitigation activities under the 
HMGP to include nonstructural flood hazard mitigation measures and 
minor flood control projects that do not duplicate the efforts and 
authorities of other Federal agencies.

DATES: We invite comments on this proposed rule, which may be submitted 
on or before June 30, 1998.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office 
of the General Counsel, Federal Emergency Management Agency, 500 C 
Street SW., room 840, Washington, DC 20472, (facsimile) (202) 646-4536, 
or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Mitigation 
Directorate, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-3619, (facsimile) (202) 646-3104.

SUPPLEMENTARY INFORMATION:

Background

    In December 1993, the President signed the Hazard Mitigation and 
Relocation Assistance Act, which amended Sec. 404 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 
42 U.S.C. 5170c. This amendment provides legislative authority to use 
the majority of mitigation funding available from flood disasters to 
undertake nonstructural floodplain management measures.

Nonstructural Measures

    Authorized by Sec. 404 of the Stafford Act, the HMGP provides 
States and local governments financial assistance to implement measures 
that permanently reduce or eliminate future damages and losses from 
natural hazards. In response nonstructural measures are FEMA's first 
priority when grantees use Hazard Mitigation Grant Program funds to 
address a flood hazard. Our experience with the use of nonstructural 
flood hazard mitigation measures by acquiring, elevating, and 
floodproofing high-risk structures sharply reduces the number of 
structures in harm's way. Advantages of this approach include 
substantial environmental and hydrologic benefits.
    This proposed rule would modify the list of eligible types of 
projects and clarify types of activities that are eligible under the 
program, and would reflect FEMA's multi-hazard program objectives and 
priorities. FEMA would include development and initial implementation 
of vegetation management programs for wildfire hazard mitigation and 
erosion hazard mitigation in the list of eligible activities. Routine 
maintenance and landscaping activities would not be eligible. 
Vegetation management can reduce the volume and continuity of flammable 
vegetation in order to slow or prevent the spread of wildfire from 
vegetation to developed properties and to improve the potential 
effectiveness of wildfire suppression activities. Vegetation management 
can also reduce costs associated with erosion from floods and severe 
storms.
    Vegetation management programs often require significant regular 
maintenance in order to preserve their hazard mitigation benefits. Such 
maintenance would be the responsibility of the subgrantee. Before 
approving a grant FEMA or the State may require a maintenance plan and 
commitment by the subgrantee accepting responsibility for the 
maintenance.
    The list of eligible HMGP projects provided for under subsection 
(c) is not all-inclusive, but provides a general overview of potential 
project categories and clarifies that major structural flood control 
projects would not be considered for funding under the HMGP. Applicants 
may propose project types not listed for funding consideration.

Warning Systems

    While ``Development or improvement of warning systems'' has been 
removed from the list of eligible project type examples in the rule, 
FEMA will continue to entertain applications for such projects under 
the Five Percent Initiative. The five percent initiative provides the 
State greater flexibility over the approval of HMGP projects up to five 
percent of the available program funding. FEMA's guidance for 
implementing the initiative specifically indicates that warning 
systems, which are difficult to evaluate against HMGP eligibility 
criteria, are appropriately funded within the five percent initiative.

Structural Assistance

    FEMA recognizes that dikes, levees, dams, channelization, channel 
widening, stream realignment, seawalls, groins, and jetties continue to 
serve as a means to minimize vulnerability to hazards under certain 
circumstances. These structures fall traditionally under the water 
resources design and construction authorities of the U.S. Army Corps of 
Engineers and the Natural Resources Conservation Service of the U.S. 
Department of Agriculture. Both of those agencies have extensive 
experience assisting in the planning, design, and construction of major 
structural projects. FEMA has limited experience with major structural 
flood control projects. Rather than duplicate assistance available from 
other Federal agencies, FEMA limits its flood control assistance to 
minor flood control projects and localized protection of critical 
facilities that generally do not fall under the authority of other 
Federal agencies.

Minor Flood Control Projects

    The most common activities under the minor flood control project 
category include modification of existing culverts and bridges; 
upgrades of storm drainage systems; installation of floodgates; and 
creation of small retention or detention basins. Based on these types 
of projects, the term ``minor flood control projects'' refers to the 
limited scope of a project's impact upon the floodplain that would 
lessen the frequency or severity of

[[Page 24144]]

flooding and decrease predicted flood damage. For example, minor 
physical changes, such as a modification to a culvert, that can reduce 
flooding and losses for whole groups of homes or neighborhoods may be 
more cost-effective than an individual mitigation measure applied to 
every home in that area.
    Finally, the language in this proposed rule mirrors project 
eligibility descriptions included in Sec. 553 of the National Flood 
Insurance Reform Act of 1994, Pub. L. 103-325, which authorizes the new 
Flood Mitigation Assistance program. This proposed rule would provide a 
consistent approach throughout FEMA's mitigation grant programs in the 
funding flood mitigation projects.

Correction to General, Allowable Open Space, Recreational, and Wetlands 
Management Uses

    44 CFR 206.434(d)(2) would be corrected to read ``permeable'' in 
place of ``previous''. This change is to allow unimproved, unpaved 
short-term parking areas such as visitors parking areas at an acquired 
property to be used as a park or recreational area. The change would 
acknowledge the present misspelling of ``pervious'' as ``previous'' in 
Sec. 206.434(d)(2) and would substitute the equivalent, more familiar 
term ``permeable'' for ``pervious''.

Removal of Language Regarding Inapplicability of the Uniform Relocation 
Act

    This proposed rule would delete 44 CFR 206.434(e), Inapplicability 
of the Uniform Relocation Act, which exempts projects that meet certain 
criteria from meeting the requirements of the Uniform Relocation Act. 
This exemption was created by amendment to the Stafford Act in 1993 and 
applied only to disaster assistance for 9 major disasters declared 
during the Great Midwestern Flood of 1993. Project funding under those 
9 disasters is nearly complete; paragraph 206.434(e) is no longer 
applicable to the program. FEMA's voluntary open space acquisition 
projects continue to be exempt from most provisions of the Uniform 
Relocation Act under 49 CFR 24.101(a).

National Environmental Policy Act

    This proposed rule is categorically excluded under 44 CFR 10.8. 
FEMA has not prepared an environmental assessment.

Executive Order 12898, Environmental Justice

    FEMA reviewed the socioeconomic conditions relating to this 
proposed rule and made a finding that no disproportionately high and 
adverse effect on minority or low-income populations will result from 
implementation of this program.

Executive Order 12866, Regulatory Planning and Review

    This proposed rule is not a significant regulatory action within 
the meaning of Sec. 2(f) of E.O. 12866 of September 30, 1993, 58 FR 
51735, but attempts to adhere to the regulatory principles set forth in 
E.O. 12866. The rule has not been reviewed by the Office of Management 
and Budget under E.O. 12866.

Regulatory Flexibility Act

    The Director certifies that this rule is not a major rule under 
Executive Order 12291. It will not have significant impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, and is not expected (1) to affect adversely 
the availability of disaster assistance funding to small entities, (2) 
to have significant secondary or incidental effects on a substantial 
number of small entities, or (3) to create any additional burden on 
small entities. FEMA has not prepared a regulatory flexibility analysis 
of this proposed rule.

Paperwork Reduction Act

    This proposed rule does not involve any collection of information 
for the purposes of the Paperwork Reduction Act.

Executive Order 12612, Federalism

    This proposed rule would involve no policies that have federalism 
implications under E.O. 12612, Federalism, dated October 26, 1987.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Grant programs, Hazard 
mitigation.

    Accordingly, 44 CFR part 206 is proposed to be amended as follows:

PART 206--[AMENDED]

    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, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 
19367, 3 CFR, 1979 Comp., p.376; E.O. 12148, 44 FR 43239, 3 CFR, 
1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp., 
p. 214.

    2. Section 206.434(c) is revised to read as follows:


Sec. 206.434  Eligibility.

* * * * *
    (c) Types of projects. Projects may be of any nature that will 
result in protection of public or private property. Eligible projects 
include, but are not limited to:
    (1) Property acquisition or relocation, as defined in 
Sec. 206.434(d);
    (2) Retrofitting structures and facilities to strengthen against 
high winds, earthquake, flood, wildfire, or other natural hazards;
    (3) Elevation of floodprone structures;
    (4) Development and initial implementation of vegetation management 
programs for wildfire and erosion hazard mitigation, with the 
subgrantee accepting responsibility for continuing maintenance required 
to preserve hazard mitigation benefits;
    (5) Minor flood control projects that do not duplicate the flood 
prevention activities of other Federal agencies, that lessen the 
frequency or severity of flooding, and that decrease predicted flood 
damages in localized flood problem areas. They include modification of 
existing culverts and bridges, installation or modification of 
floodgates, stream bank stabilization, and creation of small retention 
and detention basins. Minor flood control projects shall not include 
major flood control projects such as dikes, levees, seawalls, groins, 
jetties, dams, and stream channelization.
    (6) Localized flood control projects, such as ring levees and 
floodwall systems, which serve to protect critical facilities.
    (7) Development and implementation (for example, training for 
building officials) of State or local mitigation standards;
    (8) Development of comprehensive hazard mitigation programs with 
implementation as an essential component.
* * * * *
    3. Section 206.434(d)(2) is revised to read as follows:


Sec. 206.434  Eligibility.

* * * * *
    (d) * * *
    (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 that are easily movable (except mobile 
homes),

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unimproved, permeable parking lots, and buffer zones.
* * * * *
    4. Section 206.434 is amended by deleting paragraph (e) and 
redesignating paragraphs (f) and (g) as paragraphs (e) and (f).

    Dated: April 24, 1998.
James L. Witt,
Director.
[FR Doc. 98-11641 Filed 4-30-98; 8:45 am]
BILLING CODE 6718-02-P