[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
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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