Supporting Statement OMB Control# 1660-0103, 7-7-11

July 7, 2011

Supporting Statement for

Paperwork Reduction Act Submissions

OMB Control Number: 1660 -0103

Title: Property Acquisition and Relocation for Open Space

Form Number(s): FEMA Form 086-0-31 (previously FEMA Form 81-112)

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 or the OMB Form 83-I is checked “Yes”, Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary.

Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. Provide a detailed description of the nature and source of the information to be collected.

On September 16, 2009 FEMA published a Final Rule, on Property Acquisition and Relocation for Open Space (44 CFR Part 80) that governs property acquisitions for all of FEMA’s mitigation grant programs authorized under both the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, P.L. 93-288 as amended, and the National Flood Insurance Act (NFIA) of 1968 (42 U.S.C. 4001, et al), as amended. This rule requires the collection of information from grant applicants to ensure the voluntary nature of the property acquisitions and to ensure that the property acquired remains in open space in perpetuity.

The 44 CFR Part 80.19(5)(b)(1) requires that transfer of acquired property after closeout of the grant requires the State to request permission from FEMA. The request must be a signed statement from the proposed transferee to FEMA that acknowledges and agrees to the transfer requirements. This requirement is necessary to continue the responsibilities of enforcement of the open space land use and monitoring of properties that is conveyed with the land to any new owner(s).

The 44 CFR Part 80.19(e) requires that enforcement notices and actions are to be completed by the State. This requirement is necessary for the grant recipient to bring corrective action to any sub-grantee that does not comply with the terms of the deed restriction. Although requirements for Transfers and Enforcement activities are included in the Acquisition regulation, the frequency of responses from States is minimal. Since 1988 (when Hazard Mitigation Grant Program was first authorized), the number of properties acquired with Federal funds that have required these types of activities are minimal. We estimate that only 3-5 requests for transfers or notices of enforcement actions have been initiated since FEMA mitigation grants for acquisition activities started in 1988.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Provide a detailed description of: how the information will be shared, if applicable, and for what programmatic purpose.

FEMA and State recipients of FEMA mitigation grant funds (grantees) will use the information collected under the Property Acquisition to implement property acquisition activities under the terms of grant agreements for acquisition and demolition or relocation activities. FEMA and grantees will also use the information to monitor and enforce the open space requirements for all properties acquired with FEMA mitigation grants.

Deed restrictions will be recorded with each individual property by the grantee and local community to restrict the land uses allowed for properties acquired with FEMA funds. FEMA will collect copies of the deed restriction language from grant applicants as a pre-award requirement for mitigation grants to ensure that the deed to be recorded meets the minimum requirements.

State grantees will collect Property Owners Voluntary Participation Statements, FEMA Form 086-0-31 (previously FEMA Form 81-112) from each property owner prior to award and submit copies to FEMA as part of the grant agreement. The statements must be signed by property owners and local community officials. These statements will enforce the requirement that all acquisitions using FEMA mitigation grants are voluntary, and that no property is acquired using State or local eminent domain authorities or other forcible acquisition procedures.

The State applicant must provide in the application assurance that the title to the property to be purchased is clear. The title search and title insurance requirements are completed by the State to ensure that any incompatible easements or other encumbrances to the property are extinguished before acquisition

The grantee ensures that the subgrantee (local jurisdiction) informs each property owner, in writing, of what it considers to be the market value of the property, the method of valuation and basis for the purchase offer, and the purchase offer amount. This requirement demonstrates that the grant recipient is offering an amount consistent with the required method of valuation and provides the property owner an opportunity to negotiate the fair market value offered prior to purchase. Certification of U.S. Citizenship or status as a Qualified Alien must be provided by property owners to the State or local community for eligibility to receive Federal funds for acquisition of property when the compensation to the homeowner is based on pre-event market value.

Verification of Monitoring and Reporting is submitted by the State to FEMA. Every three years the sub-grantee, through the grantee, must submit to FEMA a report certifying that the sub-grantee has inspected the property within the month preceding the report and that the property continues to be maintained consistent with provisions of the grant. This requirement is necessary to enforce the continued open space land use in accordance with the terms of the deed restrictions for properties acquired with FEMA mitigation grants.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The Statement of Voluntary Participation (VPS) is available on FEMA’s web site at

http://www.fema.gov/government/grant/vol_participation.shtm or from the appropriate FEMA Regional Office.  Signed VPS documents can be downloaded and submitted to FEMA by email.

A Model Deed Restriction is available on FEMA’s web page at

http://www.fema.gov/government/grant/resources/hma_deed_restriction.shtm

or from the appropriate FEMA Regional Office.  The Model Deed Restriction can be downloaded and submitted to FEMA by email.

Every three years the sub-grantee through the grantee, must submit to FEMA a report certifying that the sub-grantee has inspected properties to ensure consistency with the terms of the deed restriction.  The sub-grantee can create this report and submit by email.  Approximately 75% of all the forms in this collection utilize the email submission option while 25% still chose to fax or mail them in.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.



The information collected under the Property Acquisition requirements does not duplicate any other known program or authority. The information collected is specific to acquisition of properties using FEMA mitigation grant funds, and is only required as a condition of receipt of FEMA mitigation grants.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize.

Small businesses are not eligible to apply for FEMA mitigation grant funds, although local communities may submit a sub-grant application to the Grant applicant on their behalf. Sub-grant applicants do not apply directly to FEMA.

6. Describe the consequence to Federal/FEMA program or policy activities if the collection of information is not conducted, or is conducted less frequently as well as any technical or legal obstacles to reducing burden.

If the collection of information is not conducted, or is conducted less frequently, FEMA and its State grant recipients will not be able to enforce uniform requirements for open space land uses in perpetuity for acquisition and relocation of properties acquired with FEMA mitigation grants programs. This may have the effect of increasing the risk to life and property if development recurs in these parcels.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

(a) Requiring respondents to report information to the agency more often than quarterly.



 (b) Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.



 (c) Requiring respondents to submit more than an original and two copies of any document.



 (d) Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years.

 (e) In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study.



 (f) Requiring the use of a statistical data classification that has not been reviewed and approved by OMB.



 (g) That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.

 (h) Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

The special circumstances contained in item 7 of the supporting statement are not applicable to this information collection.

8. Federal Register Notice:



 a. Provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.



A 60-day Federal Register Notice inviting public comments was published on March 14, 2011, Volume 76 FR 13651. No comments were received. See attached copy of the published notice included in this package.

A 30-day Federal Register Notice inviting public comments was published on June 8, 2011, Volume 76 FR 33327. No comments were received. See attached copy of the published notice included in this package.

2. Describe efforts to consult with persons outside the agency to obtain their

views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

FEMA initiated consultations with the National Emergency Management Association (NEMA), and the Association of State Floodplain Managers (ASFPM) prior to rulemaking and/or program development for each of the grant programs. This is a part of the rulemaking process to seek comments. Further, FEMA has developed the information collection requirements over time as a result of our increased understanding of State program implementation, and has determined that these are the minimum required to enforce the property acquisition and open space requirements.

c. Describe consultations with representatives of those from whom information is to be obtained or those who must compile records. Consultation should occur at least once every three years, even if the collection of information activities is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

During grant application, award, implementation of acquisition activities, and closeout of grant awards, FEMA routinely consults with the grant recipients to ensure that they have complied with the open space requirements. The property acquisition regulations were developed as a result of discussions with the States so that FEMA can create and enforce uniform and appropriate measures of enforcement for all grant recipients.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

FEMA does not provide payments or gifts to respondents in exchange for a benefit sought.

10. Describe any assurance of confidentiality provided to respondents. Present the basis for the assurance in statute, regulation, or agency policy.

A Privacy Threshold Analysis (PTA) was completed for this collection and forwarded to the FEMA Privacy Office for review. The PTA is still currently being reviewed. The System of Records Notice (SORN) title 009 Hazard Mitigation Assistance Grant Programs System of Records is currently being revised. The status of this information remains the same as of July 2011.



11. Provide additional justification for any question of a sensitive nature (such as sexual behavior and attitudes, religious beliefs and other matters that are commonly considered private). This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:



 a. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desired. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should1not include burden hours for customary and usual business practices.

FEMA may acquire as many as 2,240 properties nationally each year, among the 56 States and Territories. The burden hour per property owner to complete and sign a Property Owners Voluntary Participation Statements, FEMA Form 086-0-31 (previously FEMA Form 81-112) is estimated to be one 1 hour. It is estimated that each State will receive 40 Voluntary Participation Statements for Property Acquisition for Open Space. The total annual burden is estimated to be 2,240 responses x 1 hour per response = 2,240 burden hours.

For each property acquired the estimated burden hours for States Review and Submit Deed Restrictions is 4 hours for State Officials. Local officials must attach the FEMA Model Deed Restriction language to each property deed before it is record. It is estimated that it will take State Officials 4 hours to reconcile the completion of Deed Restriction along with the grant information for record and submission to FEMA. The total annual burden is estimated to be 2,240 responses x 4 hours per response = 8,960 burden hours.

State Officials Reporting Requirements: States must submit to FEMA a report that the local communities within that State have inspected the acquired properties within the month preceding the report and that the properties continue to be maintained consistent with provisions of the deed restrictions. This monitoring and reporting for acquired properties is only required once every three (3) years. For 56 State officials to review and prepare reports to FEMA it is estimated that 1 single report per State x 1.3 hours (1 hour and 18 minutes) per report x 56 States = 72.8 burden hours.

** Transfer Certification and Enforcement. There is no annual reporting requirement for Transfers and Enforcement activities, and the frequency of responses from States and local communities is irregular or sporadic. Since 1988 (when HMGP was first authorized), the number of properties acquired with Federal funds that have required these activities is minimal. We estimate that only 3-5 requests for transfer or notice of enforcement actions have been initiated since FEMA mitigation grants for acquisition activities started in 1988. We expect the activity to continue to be irregular; therefore, the information collection burden for these requirements is negligible. These data collection tools are not subjected to the Paperwork Reduction Act.

 b. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

2. Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead this cost should be included in Item 14.

Estimated Annualized Burden Hours and Costs
Type of Respondent	Form Name / Form Number	No. of Respon-dents	No. of Respon-ses per Respon-dent	Total No. of Responses	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate	Total Annual Respondent Cost
Individuals or Households	Property Owners Voluntary Participation Statements / FEMA Form 086-0-31 (previously FEMA Form 81-112)	56	40	2240	1 hour	2240	$27.38	$61,331.20
State, Local, and Tribal Government	States Review and Submit Deed Restrictions / No Form	56	40	2240	4 hours	8960	$67.73	$606,860.80
State, Local, and Tribal Government	State Officials Reporting Requirements / No Form	56	1	56	1.3 (1 hour and 18 minutes)	73	$67.73	$4,944.29
State, Local, and Tribal Government	Transfer Certification / No Form	**	**	**	**	**	**	**
State, Local, and Tribal Government	Enforcement Notices / No Form	**	**	**	**	**	**	**
Total		56		4,536		11,273		$673,136.29

• Note: The “Avg. Hourly Wage Rate” for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

According to the U.S. Department of Labor, Bureau of Labor Statistics website (www.bls.gov) the wage rate category for State Officials is estimated to be $67.73 per hour including the wage rate multiplier, therefore, the estimated burden hour cost to respondents State Officials is estimated to be $611,805.09 annually.

According to the U.S. Department of Labor, Bureau of Labor Statistics website (www.bls.gov) the wage rate category for Individuals is estimated to be $27.38 per hour including the wage rate multiplier, therefore, the estimated burden hour cost to respondents Individuals is estimated to be $61,331.20 annually.

The estimated burden hour total cost to respondents annually is $673,136.29.

Note: States Review and Submit Deed Restrictions data collection tool - The previous collection incorrectly separated burden hours by Individual Homeowners and State respondents. The Individual Homeowners burden hours should not have been included in the previous collection. This should be State, local and Tribal Government. Nonetheless, the aggregate number of burden hours did not increase and therefore remains the same from the previously approved collection.

 13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. (Do not include the cost of any hour burden shown in Items 12 and 14.)

The cost estimates should be split into two components:

a. Operation and Maintenance and purchase of services component. These estimates should take into account cost associated with generating, maintaining, and disclosing or providing information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.

b. Capital and Start-up-Cost should include, among other items, preparations for collecting information such as purchasing computers and software, monitoring sampling, drilling and testing equipment, and record storage facilities.

There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

Annual Cost Burden to Respondents or Record-keepers

Data Collection Activity/Instrument	*Annual Capital Start-Up Cost (investments in overhead, equipment and other one-time expenditures)	*Annual Operations and Maintenance Cost (such as recordkeeping, technical/professional services, etc.)	Annual Non-Labor Cost (expenditures on training, travel and other resources)	Total Annual Cost to Respondents
Total

14. Provide estimates of annualized cost to the federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing and support staff), and any other expense that would have been incurred without this collection of information. You may also aggregate cost estimates for Items 12, 13, and 14 in a single table.

Annual Cost to the Federal Government

Item	Cost ($)
Contract Costs [Describe]
Staff Salaries* [1 GS-13, step_1_ employee spending approximately 100% of time annually to review and enforce the requirements for the Property Acquisition for this data collection.] = [8.6 employees (GS 13 step 1) * ($88,891.53 annual salary)] = $764,467.15	$764,467.15
Facilities [cost for renting, overhead, etc. for data collection activity]
Computer Hardware and Software [cost of equipment annual lifecycle]
Equipment Maintenance [cost of annual maintenance/service agreements for equipment]
Travel
Printing [number of data collection instruments annually]
Postage [annual number of data collection instruments x postage]
Other
Total	$764,467.15

* Note: The “Salary Rate” includes a 1.4 multiplier to reflect a fully-loaded wage rate.

The Property Acquisition and Relocation for Open Space is one type of activity allowed under FEMA mitigation grant programs. Costs to the Federal Government to administer and manage the required information collected with this activity are limited to the staff salaries associated with administering FEMA mitigation grants. We estimate that 8.6 FEMA staff persons at a GS-13, Step 1 ($42.66 per hour) will have a burden of approximately 8 hours per property (2,240 properties annually) to review and enforce the requirements of CFR 44 Part 80. Therefore, the annualized cost to the Federal Government to enforce Property Acquisition requirements is estimated to be $764,467.20 ($42.66 x 8 hours x 2,240 properties). 

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I in a narrative form. Present the itemized changes in hour burden and cost burden according to program changes or adjustments in Table 5. Denote a program increase as a positive number, and a program decrease as a negative number.

A "Program increase" is an additional burden resulting from an federal government regulatory action or directive. (e.g., an increase in sample size or coverage, amount of information, reporting frequency, or expanded use of an existing form). This also includes previously in-use and unapproved information collections discovered during the ICB process, or during the fiscal year, which will be in use during the next fiscal year.

A "Program decrease", is a reduction in burden because of: (1) the discontinuation of an information collection; or (2) a change in an existing information collection by a Federal agency (e.g., the use of sampling (or smaller samples), a decrease in the amount of information requested (fewer questions), or a decrease in reporting frequency).

"Adjustment" denotes a change in burden hours due to factors over which the government has no control, such as population growth, or in factors which do not affect what information the government collects or changes in the methods used to estimate burden or correction of errors in burden estimates.

Explain:

There are no changes to the annual hour burden and the information that is being collected.

Itemized Changes in Annual Cost Burden
Data collection Activity/Instrument	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
Property Owners Voluntary Participation Statements / FEMA Form 086-0-31 (previously FEMA Form 81-112)				$40,320	$61,331.20	+$21,011.20
States Review and Submit Deed Restrictions / No Form				$606,860.80	$606,860.80	+$0
State Officials Reporting Requirements / No Form				$4,930.74	$4,944.29	+$13.55
Transfer Certification / No Form				**	**	0
Enforcement Notices / No Form				**	**	0
Total(s)				$652,111.54	$673,136.29	+$21,024.75

Explain:

There is a change to annual cost burden from $652,111.54 to $673,136.29 an increase of $21,024.75. This increase results from the application of the 1.4 multiplier wage rate.



 16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.



FEMA does not intend to employ the use of statistics or the publication thereof for this information collection.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain reasons that display would be inappropriate.



FEMA will display the expiration date for OMB approval of this information collection.

 18. Explain each exception to the certification statement identified in Item 19 “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.



FEMA does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved in this collection.

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