[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20291-20292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07609]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2019-0018]
RIN 1660-ZA23
Hazard Mitigation Assistance: Building Resilient Infrastructure
and Communities
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice, Request for Comments.
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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on the Building Resilient Infrastructure and Communities
Policy. This policy describes a new program authorized by recent
legislation that allows FEMA to set aside 6 percent of estimated
disaster expenses for each major disaster to fund a mitigation grant
program to assist States, territories, Tribes, and local governments.
The new program would supersede the existing Pre-Disaster Mitigation
grant program and would promote a national culture of preparedness
through encouraging investments to protect communities and
infrastructure and strengthening national mitigation capabilities to
foster resilience.
DATES: Comments must be received by May 11, 2020.
ADDRESSES: Comments must be identified by docket ID FEMA-2019-0018 and
may be submitted by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal
Emergency Management Agency, 8 NE Ste. 1007, 500 C Street SW,
Washington, DC 20472-3100.
FOR FURTHER INFORMATION CONTACT: Ryan Janda, Federal Emergency
Management Agency, 400 C Street SW, Washington, DC 20472, 202-646-2659,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.
You may submit your comments and material by the methods specified
in the ADDRESSES section. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
Docket: The proposed guidance is available in docket ID FEMA-2019-
0018. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking
[[Page 20292]]
Portal at http://www.regulations.gov and search for the docket ID.
Submitted comments may also be inspected at FEMA, Office of Chief
Counsel, 8 NE, 500 C Street, SW, Washington, DC 20472.
II. Background
On October 5, 2018, the President signed into law the Disaster
Recovery Reform Act \1\ (DRRA). The DRRA contains approximately 50
provisions which acknowledge the shared responsibility for disaster
response and recovery, aim to reduce the complexity of FEMA, and build
the nation's capacity for the next catastrophic event. Some of the
highlights from the DRRA include additional authority to reduce risk
from future disasters after a fire, increase State capacity to manage
disaster recovery, provide greater flexibility to survivors with
disabilities, and retain skilled response and recovery personnel.
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\1\ Pubic Law 115-254, 132 Stat. 3438.
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This policy addresses Section 1234 of the DRRA, titled ``National
Public Infrastructure Pre-Disaster Hazard Mitigation,'' which amended
section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), 42 U.S.C. 5121 et seq. Section 1234 of
the DRRA authorizes FEMA to set aside 6 percent of estimated disaster
expenses for each major disaster to fund a new grant program, called
Building Resilient Infrastructure and Communities (BRIC). The new
program will supersede the existing Pre-Disaster Mitigation (PDM)
program authorized under Section 203 \2\ and will promote a national
culture of preparedness through encouraging investments to protect our
communities and infrastructure and strengthening national mitigation
capabilities to foster resilience. The following principles will guide
the BRIC program:
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\2\ In August 2019, FEMA posted a PDM fact sheet and notice of
funding opportunity (NOFO) to its website, available at https://www.fema.gov/media-library/assets/documents/182171. The NOFO
clarified that fiscal year (FY) 2019 would be the last year that
FEMA offered the PDM program, and that it would supersede that
program by BRIC in FY 2020. As both the fact sheet and the NOFO
explain, the 2015 Hazard Mitigation Assistance (HMA) Guidance
applies to the FY 2019 PDM grant program application cycle.
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Support communities through capability and capacity
building
Encourage and enable innovation
Promote partnerships
Enable large projects
Maintain flexibility
Provide consistency
The BRIC Policy provides a consistent framework and standing
requirements for the program. FEMA will calculate the 6 percent set
aside within 180 days after each major disaster and set aside that
amount from the Disaster Relief Fund into the National Public
Infrastructure Pre-Disaster Mitigation Fund.\3\ The total amount will
vary year to year based on the estimated amount of disaster assistance
for each major Presidentially-declared disaster, and the number of
Presidentially-declared disasters in each year. On an annual basis,
FEMA will assess the amount available in the National Public
Infrastructure Pre-Disaster Mitigation Fund and determine what portion
of it will be available for the next year's grant cycle. FEMA will
announce this determination in the annual Notice of Funding Opportunity
(NOFO) \4\ which it will post for a period of time on its website prior
to opening the application period.
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\3\ 42 U.S.C. 5133(i).
\4\ 2 CFR 200.203 sets forth the requirement to post a NOFO and
the required contents of a NOFO.
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The Stafford Act limits eligible applicants to States and
territories that have had a major disaster declaration in the 7 years
prior to the annual application period start date, and federally-
recognized Tribes entirely or partially located in a State that has had
a major disaster declaration in the 7 years prior to the application
period start date.\5\ Subapplicants include local governments and non-
federally recognized Tribes,\6\ who may apply to States and territories
for funding. (Note that federally-recognized Tribes may apply as either
applicants or subapplicants).\7\
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\5\ 42 U.S.C. 5133(g).
\6\ 42 U.S.C. 5122(8).
\7\ 42 U.S.C. 5123.
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In addition to determining annually the total amount to be made
available for BRIC, FEMA may allocate from that amount to eligible
States and territorial applicants, with a specific set-aside for
Tribes, an allocation for mitigation capability- and capacity-building
activities and mitigation projects, and make the remainder of the
funding available competitively for mitigation projects. FEMA may also
make a portion of funding available for management costs (costs to
manage the grant) and non-financial technical assistance to all
eligible entities. Funding would generally be subject to a Federal cost
share of up to 75 percent, and up to 90 percent for small and
impoverished communities.\8\
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\8\ 42 U.S.C. 5133(h).
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Each year, FEMA will provide stakeholders with more detailed
information about the program requirements through an annual Notice of
Funding Opportunity (NOFO) process.\9\ The NOFO will address a variety
of topics, including but not limited to:
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\9\ 2 CFR 200.203.
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Important application dates
Specific funding amounts and allowances
Provision of technical assistance
Codes and standards activities
Sample project types
Application review process, including competition
structure and merit criteria
Method for determining cost-effectiveness
Award administration information
Additional requirements and guidelines
The proposed guidance does not have the force or effect of law.
FEMA seeks comment on the proposed guidance, which is available
online at http://www.regulations.gov in docket ID FEMA-2019-0018. Based
on the comments received, FEMA may make appropriate revisions to the
proposed guidance. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final guidance available at http://www.regulations.gov. The final
guidance will not have the force and effect of law and is not meant to
bind the public in any way. The guidance document is intended only to
provide clarity to the public regarding existing requirements under the
law or agency policies.
Authority: Sec. 1234, Pub. L. 115-254, 132 Stat. 3438.
Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-07609 Filed 4-9-20; 8:45 am]
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