Property Acquisition and Relocation for Open Space

Forms and Documents

Document Name	Status
Form 086-0-35A CRS Community Certifications (NFIP Repetitive Loss Update Worksheet) Form and Instruction	New
Form SF-429B Real Property Status Report (Request to Acquire, Improve or Furnish) Form and Instruction	New
Form SF 429A Real Property Status Report (General Reporting) Form and Instruction	New
Form 009-0-4 Declaration and Release (Spanish) Form and Instruction	New
Form 009-0-3 Declaration and Release (English) Form and Instruction	New
Form FEMA Form 086-0-31 Property Owners Voluntary Participation Statements Form	Modified
ICR 1660-0103 Supporting Statement Clean 4-28-2020.docx Supporting Statement A	2020-04-28
FEMA NoC Document Narrative of Changes from Last Submission for OMB Coll....docx Supplementary Document	2020-04-28
Published 30 Day FRN for 1660-0103 11-7-2019.pdf Supplementary Document	2020-04-28
Published 60 Day FRN for 1660-0103 8-9-2019.pdf Supplementary Document	2020-04-28
NFIA, 42 USC 4001.pdf Supplementary Document	2011-05-06
44 CFR Part 80.pdf Supplementary Document	2014-07-30
Published SORN for OMB Collection 1660-0103, 3-24-2014.pdf Supplementary Document	2014-08-27
Stafford Act Booklet 042213, Sec 404.pdf Supplementary Document	2014-08-12
FEMA_model_deed_restriction.pdf Supplementary Document	2014-07-30

IC Document Collections

IC ID	Document Title	Status
241604	CRS Community Certifications (NFIP Repetitive Loss Update Worksheet) Form and Instruction	New
241603	Real Property Status Report (Request to Acquire, Improve or Furnish) Form and Instruction	New
241602	Real Property Status Report (General Reporting) Form and Instruction	New
241600	Declaration and Release (Spanish) Form and Instruction	New
241599	Declaration and Release (English) Form and Instruction	New
182492	State Officials Reporting	Removed
182491	State Review and Submit Deed Restrictions	Modified
182489	Property Owners Voluntary Participation Statements Form	Modified

ICR Details

OMB Control No: 1660-0103	ICR Reference No: 202004-1660-003
Status: Received in OIRA	Previous ICR Reference No: 201407-1660-004
Agency/Subagency: DHS/FEMA	Agency Tracking No:
Title: Property Acquisition and Relocation for Open Space
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/24/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	9,456	0
Time Burden (Hours)	11,528	0
Cost Burden (Dollars)	0	0

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Abstract: FEMA and State using the Mitigation grant programs will use the information collected under property acquisition requirements to implement property acquisition activities under the terms of grant agreements for acquisition and relocation activities. FEMA and States will also use the information to monitor and enforce the open space requirements for all properties acquired with FEMA Mitigation grants.

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Authorizing Statute(s): US Code: 42 USC 4001 Name of Law: National Flood Insurance Act of 1968
   PL: Pub.L. 93 - 288 203 Name of Law: Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 39356	08/09/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 60101	11/07/2019
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Property Owners Voluntary Participation Statements	FEMA Form 086-0-31	Statement of Voluntary Participation for Acquisition of Property for Purpose of Open Space
State Review and Submit Deed Restrictions
Declaration and Release (Spanish)	009-0-4	Declaration and Release (Spanish)
State Officials Reporting
Declaration and Release (English)	009-0-3	Declaration and Release (English)
Real Property Status Report (Request to Acquire, Improve or Furnish)	SF-429B	Real Property Status Report (Request to Acquire, Improve or Furnish)
CRS Community Certifications (NFIP Repetitive Loss Update Worksheet)	086-0-35A	NFIP Repetitive Loss Update Worksheet
Real Property Status Report (General Reporting)	SF 429A	Real Property Status Report (General Reporting)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	9,456	0	0	4,976	-19	4,499
Annual Time Burden (Hours)	11,528	0	0	5,333	-5,030	11,225
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: (i) Property Acquisition and Relocation for Open Space Project (Adjustment) The program burdens have been adjusted to accommodate for changes due to the Sandy Recovery Improvement Act (2013) that allowed Tribes to directly apply for Disaster Declarations. Prior to this only States or Territories could apply. Since 2013, an average of three Tribes have participated. Tribal property owner participation overall is lower relative to that of States because of the comparative lower Tribal property ownership. The current projection in burden hours is based on the average number of properties acquired annually with FEMA assistance (1,201 plus Tribal projection of 38 = 1,239) between 2007 and 2016. The average number of properties acquired annually with FEMA assistance as a basis for the burden hours currently on OMB Inventory is 2,240. This 55 percent decrease in number of responses can be attributed to diminishing demand for property acquisition since the years of recovery following Hurricane Sandy, when property acquisition and other forms of flood mitigation where in high demand. FEMA is also collecting the Declarations and Release form to verify the state of the property owner. An additional form is required at project close-out, FEMA is proposing to use SF-429-A. This change was made to address specific reporting requirements found in 2 C.F.R. Section 200.311 which DHS/FEMA adopted in December 2014. (ii) Post-award Monitoring and Reporting (Program Adjustment) While monitoring and reporting requirements are similar to the prior Supporting Statement, FEMA is proposing to use SF-429-B. Prior to this change, States or Territories could use their own formats. This change was made to standardize the process and address specific reporting requirements found in 2 CFR §C.F.R. 200.311 which DHS/FEMA adopted in December 2014. Therefore, the 25 annual burden hours pertaining to the state reporting requirement between the last collection and the current one was removed and replaced with a new line item for SF-429-B. States and Territories will be completing FEMA Form 086-0-35a (pages 9-10-11) NFIP Repetitive Loss Update Worksheet. This worksheet notifies the National Flood Insurance Program (NFIP) and the State NFIP Coordinator, that a property received federal assistance and has been mitigated.

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Annual Cost to Federal Government: $687,687

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/24/2021

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