[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Notices]
[Pages 668-670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-167]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency, as part of its 
continuing effort to reduce paperwork and respondent burden, invites 
the general public and other Federal agencies to take this opportunity 
to comment on proposed continuing information collections. In 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3506(c)(2)(A)), this notice seeks comments on the information FEMA 
requires to address close basin lake continuous flooding events. The 
information is required by FEMA regulation 44 CFR part 61, Appendix 
A(2), Standard Flood Insurance Policy, section VII., General 
Conditions, T., Continuous Lake Flooding and FEMA Policy Guidance for 
Closed-Basin Lakes.

SUPPLEMENTARY INFORMATION: The information collections for closed basin 
lake endorsement under the standard flood insurance policy allows 
policyholders to file a total loss claim for an insured building that 
is actually damaged or under imminent threat of flooding before the 
structure has been inundated 90 days by lake water. State, local and 
tribal governments and property owners must meet specific requirements 
set forth in FEMA regulatory and policy guidance before policyholders 
can qualify for insurance claim benefits.

Collection of Information

    Title: Closed-Basin Lake Endorsement Requirements.
    Type of Information Collection: Revision of a currently approved 
collection.
    OMB Number: 1660-0050.
    Abstract: A closed basin lake is a natural lake from which water 
leaves primarily through evaporation and whose surface area now exceeds 
or has exceeded one square mile at any time in the recorded past. FEMA 
Regional Directors shall determine that State, local and tribal 
governments satisfy the FEMA regulatory and policy guidance (including 
that the local government or tribe has established new building 
restrictions and the State is providing the support needed to eliminate 
future flood losses) before policyholders can qualify for insurance 
claim benefits under the closed basin lake standard flood insurance 
policy endorsement.
    The following information is required from State, local and tribal 
governments and property owners:
    (1) A community, county, or other local jurisdiction must request 
in writing to the FEMA Regional Director, through the State National 
Flood Insurance Program (NFIP) Coordinating Agency, that a community or 
area be designated a ``closed basin lake in order for homeowners and 
commercials interests to be eligible for a total loss claim under the 
closed basin lake standard flood insurance policy endorsement.
    (2) State, local or tribal governments may request FEMA to amend 
the Flood Insurance Rate Map (FIRM) area of special consideration (ASC) 
to remove areas protected by the construction of additional certified 
flood control projects.
    (3) State, local and tribal governments will conduct a risk 
assessment that:
    (a) Identifies the number of structures at risk around the lake 
within the published ASC;
    (b) Provides the current elevation of the structures and an 
assessment of insurance coverage;
    (c) Identifies properties that have received previous flood 
insurance claim payments; and
    (d) Identifies any new or ongoing construction within the published 
ASC.
    (4) The State will enter into an agreement with FEMA prior to the 
provision of insurance claim payments. The agreement sets forth the 
actions the State will take to contribute to a permanent solution to 
the closed basin lake flooding problem and include the State's 
acknowledgment that relocation and acquisition of structures and 
property in the ASC may become a priority use of HMGP funds. 
Commitments in this agreement must be reflected in future FEMA/State 
agreements for Presidential disaster declarations.
    (5) Tribes and local governments must:
    (a) Participate in the NFIP (approved under OMB Number 1660-0004);
    (b) Develop, adopt, and enforce permanent land use ordinances, or a 
temporary moratorium for a period not to exceed 6 months to be followed 
by a permanent land use ordinance, which prohibits the construction of 
any

[[Page 669]]

residential or commercial buildings within the ASC.
    (c) Agree to notify in writing by ``certified mail/return receipt 
requested'' all owners of structures within the ASC. The notification 
must inform property owners of the requirement that flood insurance 
must be purchased by the date specified by the FEMA Regional Director 
and maintained continuously thereafter in order to be eligible to 
receive a claim payment.
    (d) Agree to maintain any property acquired with FEMA grant funds 
as open space, and to hold, manage, and enforce all property protected 
by easements, unless the property with the easement is donated by the 
owner to a non-profit land trust organization.
    (e) Agree to declare and report any violations of the ordinance to 
FEMA so that flood insurance to the building can be denied.
    (f) Complete and submit a biennial report to FEMA on Closed Basin 
Lake Conservation Easements. This report enables FEMA to assist 
communities in maintaining the open space requirements of the 
endorsement easements and ensuring future accelerated claim benefits 
for structures in a community's flood prone ASC.
    (6) Property owners who are eligible for the closed basin lake 
endorsement must:
    (a) Buy flood insurance by the designated date and maintain it 
continuously until a claim is filed.
    (b) Under an endorsement claim, buy back their structure at 
negotiated salvage value.
    (c) Obtain an elevation certificate of the new structure location 
(approved under OMB Number 1660-0008).
    (d) Agree to relocate their structure outside the ASC. Property 
owners have several options concerning the disposition of their vacated 
land located in the ASC. They can either:
    (1) Donate vacated property to the local government or a land use 
management organization that will deed-restrict it; or
    (2) Establish an easement on the property that permits only certain 
agricultural or recreational uses and continue to use it for one of 
these exclusive purposes; or
    (3) Apply to the local government and the State to have the land 
acquired through the HMGP or FMA programs. This option requires an 
easement or deed restriction in perpetuity regardless of future 
certified flood control projects. An easement or deed restriction must 
be in place prior to the approval of any insurance claim under the 
closed basin lake endorsement.
    Affected Public: Individuals or Households, Business or Other For 
Profit, and State, Local or Tribal Government.
    Estimated Total Annual Burden Hours: 8,379.

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  FEMA information collections/   No. of respondents     Frequency of     Hours per response     Annual burden
              forms                       (A)            response  (B)            (C)         hours  (A x B x C)
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Letter Request to FEMA Through    5.................  1.................  .30...............  2.5
 State NFIP For Designation in
 Program.
Request FEMA to amend Flood       5.................  1.................  4.................  20
 Insurance Rate Map (FIRM)/Area
 of Special Consideration (ASC).
Conduct Risk Assessment.........  5.................  1.................  84................  4,200
Agreement Between FEMA & Tribal,  5 (Meeting with     1.................  1.................  5
 State, and local Government.      the Governor.).
 For A Solution to Closed-Basin
 Lake Flooding.
Develop, adopt, enforce           5.................  1.................  3.................  15
 permanent land use ordinance or
 establish a 6-month moratorium
 followed by a permanent land
 use ordinance.
Notification of Property Owners   16,000............  1.................  .15...............  4,000
 By Certified Mail Return
 Receipt Requested.
Agree to maintain any property    5.................  1.................  2.................  10
 acquired and hold, manage, and
 enforce all property protected
 by easements.
Declare and report violations of  330...............  1 (once every two   .50...............  825 (annually).
 ordinances or complete and                            years).
 submit to FEMA the biennial
 report on closed basin lake
 easements.
Agree to relocate outside the     100...............  1.................  4.................  400
 ASC and donate vacated
 property, establish an
 easement, or apply to local
 government and the State to
 have land acquired.
Buy back their structure at       100...............  1.................  4.................  400
 negotiated salvage value.
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    Totals......................  16,031............  7.................  88.45.............  8,379
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    Comments: Written comments are solicited to (a) Evaluate whether 
the proposed data collection is necessary for the proper performance of 
the agency, including whether the information shall have practical 
utility; (b) verify and evaluate the accuracy of the agency's estimate 
of the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (c) enhance the 
quality, utility, and clarity of the information to be collected; and 
(d) minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. Comments should be received within 60 days of 
the date of this notice.

ADDRESSES: Interested persons should submit written comments to Muriel 
B. Anderson, Chief, Records Management Branch, Information Resources 
Management Division, Information Technology Services Directorate, 
Federal Emergency Management

[[Page 670]]

Agency, Emergency Preparedness and Response Directorate, Department of 
Homeland Security, 500 C Street, SW., Room 316, Washington, DC 20472, 
e-mail address: [email protected], or facsimile number 
(202) 646-3347.

FOR FURTHER INFORMATION CONTACT: Contact Timothy Johnson, Insurance 
Examiner, Federal Insurance and Mitigation Administration, (202) 646-
2791, facsimile number (202) 646-4327 or e-mail address: 
[email protected] for additional information. You may contact 
Ms. Anderson for copies of the proposed information collection.

    Dated: December 30, 2003.
Edward W. Kernan,
Division Director, Information Resources Management Division, 
Information Technology Services Directorate.
[FR Doc. 04-167 Filed 1-5-04; 8:45 am]
BILLING CODE 9110-11-P