44 CFR Part 80

Pt. 80

44 CFR Ch. I (10–1–11 Edition)

awarded under the same grant. All
costs for which funding is requested
must have been included in the original
application’s cost estimate.
(d) For all cost overruns that exceed
the amount approved under the grant,
and which require additional Federal
funds, the State POC shall submit a
written request with a recommendation, including a justification for the
additional funding to the Regional Administrator for a determination. If approved, the Regional Administrator
shall increase the grant through an
amendment to the original award document.
(e) At the time of closeout, FEMA
will recapture any funds provided to a
State or a community under these programs if the applicant has not provided
the appropriate matching funds, the
approved project has not been completed within the timeframes specified
in the grant agreement, or the completed project does not meet the criteria specified in this part.

PART 80—PROPERTY ACQUISITION
AND RELOCATION FOR OPEN
SPACE
Subpart A—General
Sec.
80.1 Purpose and scope.
80.3 Definitions.
80.5 Roles and responsibilities.

Subpart B—Requirements Prior to Award
80.7 General.
80.9 Eligible and ineligible costs.
80.11 Project eligibility.
80.13 Application information.

Subpart C—Post-Award Requirements
80.15
80.17
80.19

General.
Project implementation.
Land use and oversight.

Subpart D—After the Grant Requirements
80.21

Closeout requirements.

AUTHORITY: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121 through 5207; the National Flood
Insurance Act of 1968, as amended, 42 U.S.C.
4001 et seq.; Reorganization Plan No. 3 of 1978,
43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O.
12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376;
E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p.

412; E.O. 13286, 68 FR 10619, 3 CFR, 2003
Comp., p. 166.
SOURCE: 72 FR 61743, Oct. 31, 2007, unless
otherwise noted.

Subpart A—General
§ 80.1 Purpose and scope.
This part provides guidance on the
administration of FEMA mitigation assistance for projects to acquire property for open space purposes under all
FEMA hazard mitigation assistance
programs. It provides information on
the eligibility and procedures for implementing projects for acquisition and
relocation of at-risk properties from
the hazard area to maintain the property for open space purposes. This part
applies to property acquisition for open
space project awards made under any
FEMA hazard mitigation assistance
program. This part supplements general program requirements of the funding grant program and must be read in
conjunction with the relevant program
regulations and guidance available at
http://www.fema.gov. This part, with the
exception of § 80.19 Land use and oversight, applies to projects for which the
funding program application period
opens or for which funding is made
available pursuant to a major disaster
declared on or after December 3, 2007.
Prior to that date, applicable program
regulations and guidance in effect for
the funding program (available at
http://www.fema.gov) shall apply. Section 80.19 Land use and oversight apply
as of December 3, 2007 to all FEMA
funded acquisitions for the purpose of
open space.
§ 80.3 Definitions.
(a) Except as noted in this part, the
definitions applicable to the funding
program apply to implementation of
this part. In addition, for purposes of
this part:
(b) Applicant is the State or Indian
tribal government applying to FEMA
for a grant, and which will be accountable for the use of the funds.
(c) Grantee means the State or Indian
tribal government to which FEMA
awards a grant and which is accountable for the use of the funds provided.
The grantee is the entire legal entity,
even if only a particular component of

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Federal Emergency Management Agency, DHS
the entity is designated in the grant
award document.
(d) Market Value is generally defined
as the amount in cash, or on terms reasonably equivalent to cash, for which
in all probability the property would
have sold on the effective date of the
valuation, after a reasonable exposure
time on the open competitive market,
from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither
acting under any compulsion to buy or
sell, giving due consideration to all
available economic uses of the property at the time of the valuation.
(e) National of the United States means
a person within the meaning of the
term as defined in the Immigration and
Nationality Act, 8 U.S.C. section
1101(a)(22).
(f) Purchase offer is the initial value
assigned to the property, which is later
adjusted by applicable additions and
deductions, resulting in a final offer
amount to a property owner.
(g) Qualified alien means a person
within the meaning of the term as defined at 8 U.S.C. 1641.
(h) ‘‘Qualified conservation organization’’ means a qualified organization
with a conservation purpose pursuant
to 26 CFR 1.170A–14 and applicable implementing regulations, that is such an
organization at the time it acquires
the property interest and that was such
an organization at the time of the
major disaster declaration, or for at
least 2 years prior to the opening of the
grant application period.
(i) Subapplicant means the entity
that submits an application for FEMA
mitigation assistance to the State or
Indian tribal applicant/grantee. With
respect to open space acquisition
projects under the Hazard Mitigation
Grant Program (HMGP), this term has
the same meaning as given to the term
‘‘applicant’’ in part 206, subpart N of
this chapter. Upon grant award, the
subapplicant is referred to as the subgrantee.
(j) Subgrant means an award of financial assistance made under a grantee to
an eligible subgrantee.
(k) Subgrantee means the State agency, community, or Indian tribal government or other legal entity to which
a subgrant is awarded and which is ac-

§ 80.5

countable to the grantee for the use of
the funds provided.
(l) Administrator means the head of
the Federal Emergency Management
Agency, or his/her designated representative.
(m) Regional Administrator means the
head of a Federal Emergency Management Agency regional office, or his/her
designated representative.
[72 FR 61743, Oct. 31, 2007, as amended at 74
FR 47481, Sept. 16, 2009]

§ 80.5 Roles and responsibilities.
The roles and responsibilities of
FEMA, the State, the subapplicant/subgrantee, and participating property
owners in the particular context of
mitigation projects for the purpose of
creating open space include the activities in this section. These are in addition to grants management roles and
responsibilities identified in regulations and guidance of the program
funding the project (available at http://
www.fema.gov) and other responsibilities specified in this part.
(a) Federal roles and responsibilities.
Oversee property acquisition activities
undertaken under FEMA mitigation
grant programs, including:
(1) Providing technical assistance to
the applicant/grantee to assist in implementing project activities in compliance with this part;
(2) Reviewing applications for eligibility and compliance with this part;
(3) Reviewing proposals for subsequent transfer of a property interest
and approving appropriate transferees;
(4) Making determinations on the
compatibility of proposed uses with the
open space purpose, in accordance with
§ 80.19;
(5) Complying with applicable Federal statutory, regulatory, and Executive Order requirements related to environmental and historic preservation
compliance, including reviewing and
supplementing, if necessary, environmental analyses conducted by the
State and subgrantee in accordance
with part 10 of this chapter;
(6) Providing no Federal disaster assistance, flood insurance claims payments, or other FEMA assistance with
respect to the property or any openspace related improvements, after the
property interest transfers; and

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§ 80.5

44 CFR Ch. I (10–1–11 Edition)

(7) Enforcing the requirements of this
part and the deed restrictions to ensure
that the property remains in open
space use in perpetuity.
(b) State (applicant/grantee) roles and
responsibilities. Serve as the point of
contact for all property acquisition activities by coordinating with the subapplicant/subgrantee and with FEMA
to ensure that the project is implemented in compliance with this part,
including:
(1) Providing technical assistance to
the subapplicant/subgrantee to assist
in implementing project activities in
compliance with this part;
(2) Ensuring that applications are not
framed in a manner that has the effect
of circumventing any requirements of
this part;
(3) Reviewing the application to ensure that the proposed activity complies with this part, including ensuring
that the property acquisition activities
remain voluntary in nature, and that
the subgrantee and property owners
are made aware of such;
(4) Submitting to FEMA subapplications for proposed projects in accordance with the respective program
schedule and programmatic requirements, and including all the requisite
information to enable FEMA to determine the eligibility, technical feasibility, cost effectiveness, and environmental and historic preservation compliance of the proposed projects;
(5) Reviewing proposals for subsequent transfer of property interest and
obtaining FEMA approval of such
transfers; and ensuring that all uses
proposed for the property are compatible with open space project purposes;
(6) Making no application for, nor
providing, Federal disaster assistance
or other FEMA assistance for the property or any open-space related improvements, after the property interest
transfers;
(7) Enforcing the terms of this part
and the deed restrictions to ensure
that the property remains in open
space use in perpetuity; and
(8) Reporting on property compliance
with the open space requirements after
the grant is awarded.
(c) Subapplicant/Subgrantee roles and
responsibilities. Coordinate with the applicant/grantee and with the property

owners to ensure that the project is
implemented in compliance with this
part, including:
(1) Submitting all applications for
proposed projects in accordance with
the respective program schedule and
programmatic requirements, and including all the requisite information to
enable
the
applicant/grantee
and
FEMA to determine the eligibility,
technical feasibility, cost effectiveness,
and environmental and historic preservation compliance of the proposed
projects;
(2) Ensuring that applications are not
framed in a manner that has the effect
of circumventing any requirements of
this part;
(3) Coordinating with the property
owners to ensure they understand the
benefits and responsibilities of participating in the project, including that
participation in the project is voluntary, and that the property owner(s)
are made aware of such;
(4) Developing the application and
implementing property acquisition activities in compliance with this part,
and ensuring that all terms of the deed
restrictions and grant award are enforced;
(5) Ensuring fair procedures and processes are in place to compensate property owners and tenants affected by
the purchase of property; such as determining property values and/or the
amount of the mitigation offer, and reviewing property owner disputes regarding such offers;
(6) Making no application for Federal
disaster assistance, flood insurance, or
other FEMA benefits for the property
or any open-space related improvements, after the property interest
transfers;
(7) Taking and retaining full property
interest, consistent with this part; or if
transferring such interest, obtaining
approval of the grantee and FEMA;
(8) Submitting to the grantee and
FEMA proposed uses on the property
for open space compatibility determinations; and
(9) Monitoring and reporting on property compliance after the grant is
awarded.
(d) Participating property owner roles
and responsibilities. Notify the subapplicant/subgrantee of its interest to

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Federal Emergency Management Agency, DHS
participate, provide information to the
subapplicant/subgrantee, and take all
required actions necessary for the completion of the grant application and the
implementation of property acquisition activities in accordance with this
part.

Subpart B—Requirements Prior to
Award
§ 80.7 General.
A project involving property acquisition or the relocation of structures for
open space is eligible for hazard mitigation assistance only if the subapplicant meets the pre-award requirements set forth in this subpart. A
project may not be framed in a manner
that has the effect of circumventing
the requirements of this subpart.
§ 80.9 Eligible and ineligible costs.
(a) Allowable costs. Eligible project
costs may include compensation for
the value of structures, for their relocation or demolition, for associated
land, and associated costs. For land
that is already held by an eligible entity, compensation for the land is not an
allowable cost, but compensation for
development rights may be allowable.
(b) Pre-award costs. FEMA may fund
eligible pre-award project costs at its
discretion and as funds are available.
Grantees and subgrantees may be reimbursed for eligible pre-award costs for
activities directly related to the development of the project proposal. These
costs can only be incurred during the
open application period of the respective grant program. Costs associated
with implementation of the project but
incurred prior to grant award are not
eligible. Therefore, activities where
implementation is initiated or completed prior to award are not eligible
and will not be reimbursed.
(c) Duplication of benefits. Grant funds
may not duplicate benefits received by
or available to applicants, subapplicants and other project participants from insurance, other assistance
programs, legal awards, or any other
source to address the same purpose.
Such individual or entity must notify
the subapplicant and FEMA of all benefits that it receives, anticipates, or has
available from other sources for the

§ 80.11

same purpose. FEMA will reduce the
subgrant award by the amounts available for the same purpose from another
source.
(d) Negligence or other tortious conduct.
FEMA acquisition funds are not available where an applicant, subapplicant,
other project participant, or third party’s negligence or intentional actions
contributed to the conditions to be
mitigated. If the applicant, subapplicant, or project participant suspects negligence or other tortious conduct by a third party for causing such
condition, they are responsible for taking all reasonable steps to recover all
costs attributable to the tortious conduct of the third party. FEMA generally considers such amounts to be duplicated benefits available for the same
purpose, and will treat them consistent
with paragraph (c) of this section.
(e) FEMA mitigation grant funds are
not available to satisfy or reimburse
for legal obligations, such as those imposed by a legal settlement, court
order, or State law.
§ 80.11 Project eligibility.
(a) Voluntary participation. Eligible
acquisition projects are those where
the property owner participates voluntarily, and the grantee/subgrantee will
not use its eminent domain authority
to acquire the property for the open
space purposes should negotiations fail.
(b) Acquisition of improved properties.
Eligible properties are those with atrisk structures on the property, including those that are damaged or destroyed due to an event. In some cases,
undeveloped, at-risk land adjacent to
an eligible property with existing
structures may be eligible.
(c) Subdivision restrictions. The land
may not be subdivided prior to acquisition except for portions outside the
identified hazard area, such as the Special Flood Hazard Area or any risk
zone identified by FEMA.
(d) Subapplicant property interest. To
be eligible, the subapplicant must acquire or retain fee title (full property
interest), except for encumbrances
FEMA determines are compatible with
open space uses, as part of the project
implementation. A pass through of
funds from an eligible entity to an ineligible entity must not occur.

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§ 80.13

44 CFR Ch. I (10–1–11 Edition)

(e) Hazardous materials. Eligible properties include only those that are not
contaminated with hazardous materials, except for incidental demolition
and household hazardous waste.
(f) Open space restrictions. Property
acquired or from which a structure is
removed must be dedicated to and
maintained as open space in perpetuity
consistent with this part.
[72 FR 61743, Oct. 31, 2007, as amended at 74
FR 47481, Sept. 16, 2009]

§ 80.13 Application information.
(a) An application for acquisition of
property for the purpose of open space
must include:
(1) A photograph that represents the
appearance of each property site at the
time of application;
(2) Assurances that the subapplicant
will implement the project grant award
in compliance with subparts C and D of
this part;
(3) The deed restriction language,
which shall be consistent with the
FEMA model deed restriction that the
local government will record with the
property deeds. Any variation from the
model deed restriction language can
only be made with prior approval from
FEMA’s Office of General Counsel;
(4) The documentation of voluntary
interest signed by each property owner,
which must include that the subapplicant has informed them in writing
that it will not use its eminent domain
authority for the open space purpose;
and
(5) Assurance that the subject property is not part of an intended,
planned, or designated project area for
which the land is to be acquired by a
certain date, and that local and State
governments have no intention to use
the property for any public or private
facility in the future inconsistent with
this part;
(6) If the subapplicant is offering preevent value: the property owner’s certification that the property owner is a
National of the United States or qualified alien; and
(7) Other information as determined
by the Administrator.
(b) Consultation regarding other ongoing Federal activities. (1) The subapplicant must demonstrate that it has
consulted with the United States Army

Corps of Engineers (USACE) regarding
the subject land’s potential future use
for the construction of a levee system.
The subapplicant must also demonstrate that it has, and will, reject
any future consideration of such use if
it accepts FEMA assistance to convert
the property to permanent open space.
(2) The subapplicant must demonstrate that it has coordinated with
its State Department of Transportation to ensure that no future,
planned modifications, improvements,
or enhancements to Federal aid systems are under consideration that will
affect the subject property.
(c) Restriction on alternate properties.
Changes to the properties in an approved mitigation project will be considered by FEMA but not approved
automatically. The subapplicant must
identify the alternate properties in the
project application and each alternate
property must meet eligibility requirements in order to be considered.
[72 FR 61743, Oct. 31, 2007, as amended at 74
FR 47481, Sept. 16, 2009]

Subpart C—Post-Award
Requirements
§ 80.15

General.

A project involving property acquisition or the relocation of structures for
open space must be implemented consistent with the requirements set forth
in this subpart.
§ 80.17

Project implementation.

(a) Hazardous materials. The subgrantee shall take steps to ensure it
does not acquire or include in the
project properties contaminated with
hazardous materials by seeking information from property owners and from
other sources on the use and presence
of contaminants affecting the property
from owners of properties that are or
were industrial or commercial, or adjacent to such. A contaminated property
must be certified clean prior to participation. This excludes permitted disposal of incidental demolition and
household hazardous wastes. FEMA
mitigation grant funds may not be
used for clean up or remediation of
contaminated properties.

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Federal Emergency Management Agency, DHS
(b) Clear title. The subgrantee will obtain a title insurance policy demonstrating that fee title conveys to the
subgrantee for each property to ensure
that it acquires only a property with
clear title. The property interest generally must transfer by a general warranty deed. Any incompatible easements or other encumbrances to the
property must be extinguished before
acquisition.
(c) Purchase offer and supplemental
payments. (1) The amount of purchase
offer is the current market value of the
property or the market value of the
property immediately before the relevant event affecting the property
(‘‘pre-event’’).
(i) The relevant event for Robert T.
Stafford Disaster Relief and Emergency Assistance Act assistance under
HMGP is the major disaster under
which funds are available; for assistance under the Pre-disaster Mitigation
program (PDM) (42 U.S.C. 5133), it is
the most recent major disaster. Where
multiple disasters have affected the
same property, the grantee and subgrantee shall determine which is the
relevant event.
(ii) The relevant event for assistance
under the National Flood Insurance
Act is the most recent event resulting
in a National Flood Insurance Program
(NFIP) claim of at least $5000.
(2) For acquisition of properties
under the Severe Repetitive Loss program under part 79 of this subchapter,
the purchase offer is not less than the
greatest of the amount in paragraph
(c)(1) of this section; the original purchase price paid by the participating
property owner holding the flood insurance policy; or the outstanding amount
of any loan to the participating property owner, which is secured by a recorded interest in the property at the
time of the purchase offer.
(3) The grantee should coordinate
with the subgrantee in their determination of whether the valuation
should be based on pre-event or current
market value. Generally, the same
method to determine market value
should be used for all participants in
the project.
(4) A property owner who did not own
the property at the time of the relevant event, or who is not a National

§ 80.17

of the United States or qualified alien,
is not eligible for a purchase offer
based on pre-event market value of the
property. Subgrantees who offer preevent market value to the property
owner must have already obtained certification during the application process that the property owner is either a
National of the United States or a
qualified alien.
(5) Certain tenants who must relocate as a result of the project are entitled to relocation benefits under the
Uniform Relocation Assistance and
Real Property Acquisition Policies Act
(such as moving expenses, replacement
housing rental payments, and relocation assistance advisory services) in accordance with 49 CFR part 24.
(6) If a purchase offer for a residential property is less than the cost of
the homeowner-occupant to purchase a
comparable replacement dwelling outside the hazard-prone area in the same
community, the subgrantee for funding
under the Severe Repetitive Loss program implemented at part 79 of this
subchapter shall make available a supplemental payment to the homeowneroccupant to apply to the difference.
Subgrantees for other mitigation grant
programs may make such a payment
available in accordance with criteria
determined by the Administrator.
(7) The subgrantee must inform 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
final offer amount. The offer will also
clearly state that the property owner’s
participation in the project is voluntary.
(d) Removal of Existing Buildings. Existing incompatible facilities must be
removed by demolition or by relocation outside of the hazard area within
90 days of settlement of the property
transaction. The FEMA Regional Administrator may grant an exception to
this deadline only for a particular
property based upon written justification if extenuating circumstances
exist, but shall specify a final date for
removal.
(e) Deed Restriction. The subgrantee,
upon settlement of the property transaction, shall record with the deed of

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§ 80.19

44 CFR Ch. I (10–1–11 Edition)

the subject property notice of applicable land use restrictions and related
procedures described in this part, consistent with FEMA model deed restriction language.
[72 FR 61743, Oct. 31, 2007, as amended at 74
FR 47481, Sept. 16, 2009]

§ 80.19 Land use and oversight.
This section applies to acquisitions
for open space projects to address flood
hazards. If the Administrator determines to mitigate in other circumstances, he/she will adapt the provisions of this section as appropriate.
(a) Open space requirements. The property shall be dedicated and maintained
in perpetuity as open space for the conservation of natural floodplain functions.
(1) These uses may include: Parks for
outdoor recreational activities; wetlands management; nature reserves;
cultivation; grazing; camping (except
where adequate warning time is not
available to allow evacuation); unimproved, unpaved parking lots; buffer
zones; and other uses FEMA determines compatible with this part.
(i) Allowable uses generally do not
include: Walled buildings, levees, dikes,
or floodwalls, paved roads, highways,
bridges, cemeteries, landfills, storage
of any hazardous or toxic materials,
above or below ground pumping and
switching stations, above or below
ground storage tanks, paved parking,
off-site fill or other uses that obstruct
the natural and beneficial functions of
the floodplain.
(ii) In the rare circumstances where
the Administrator has determined
competing Federal interests were unavoidable and has analyzed floodplain
impacts for compliance with § 60.3 of
this subchapter or higher standards,
the Administrator may find only
USACE projects recognized by FEMA
in 2000 and improvements to pre-existing Federal-aid transportation systems
to be allowable uses.
(2) No new structures or improvements will be built on the property except as indicated below:
(i) A public facility that is open on
all sides and functionally related to a
designated open space or recreational
use;
(ii) A public restroom; or

(iii) A structure that is compatible
with open space and conserves the natural function of the floodplain, which
the Administrator approves in writing
before the construction of the structure begins.
(3) Any improvements on the property shall be in accordance with proper
floodplain management policies and
practices. Structures built on the property according to paragraph (a)(2) of
this section shall be floodproofed or
elevated to at least the base flood level
plus 1 foot of freeboard, or greater, if
required by FEMA, or if required by
any State or local ordinance, and in accordance with criteria established by
the Administrator.
(4) After the date of property settlement, no Federal entity or source may
provide disaster assistance for any purpose with respect to the property, nor
may any application for such assistance be made to any Federal entity or
source.
(5) The property is not eligible for
coverage under the NFIP for damage to
structures on the property occurring
after the date of the property settlement, except for pre-existing structures being relocated off the property
as a result of the project.
(b) Subsequent transfer. After acquiring the property interest, the subgrantee, including successors in interest, shall convey any interest in the
property only if the Regional Administrator, through the State, gives prior
written approval of the transferee in
accordance with this paragraph.
(1) The request by the subgrantee,
through the State, to the Regional Administrator must include a signed
statement from the proposed transferee
that it acknowledges and agrees to be
bound by the terms of this section, and
documentation of its status as a qualified conservation organization if applicable.
(2) The subgrantee may convey a
property interest only to a public entity or to a qualified conservation organization. However, the subgrantee may
convey an easement or lease to a private individual or entity for purposes
compatible with the uses described in
paragraph (a), of this section, with the
prior approval of the Regional Administrator, and so long as the conveyance

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Federal Emergency Management Agency, DHS
does not include authority to control
and enforce the terms and conditions of
this section.
(3) If title to the property is transferred to a public entity other than one
with a conservation mission, it must be
conveyed subject to a conservation
easement that shall be recorded with
the deed and shall incorporate all
terms and conditions set forth in this
section, including the easement holder’s responsibility to enforce the easement. This shall be accomplished by
one of the following means:
(i) The subgrantee shall convey, in
accordance with this paragraph, a conservation easement to an entity other
than the title holder, which shall be recorded with the deed, or
(ii) At the time of title transfer, the
subgrantee shall retain such conservation easement, and record it with the
deed.
(4) Conveyance of any property interest must reference and incorporate the
original deed restrictions providing notice of the conditions in this section
and must incorporate a provision for
the property interest to revert to the
subgrantee or grantee in the event that
the transferee ceases to exist or loses
its eligible status under this section.
(c) Inspection. FEMA, its representatives and assigns, including the grantee
shall have the right to enter upon the
property, at reasonable times and with
reasonable notice, for the purpose of
inspecting the property to ensure compliance with the terms of this part, the
property conveyance and of the grant
award.
(d) Monitoring and reporting. Every 3
years the subgrantee (in coordination
with any current successor in interest)
through the grantee, shall submit to
the FEMA Regional Administrator a
report certifying that the subgrantee
has inspected the property within the
month preceding the report, and that
the property continues to be maintained consistent with the provisions
of this part, the property conveyance
and the grant award.
(e) Enforcement. The subgrantee,
grantee, FEMA, and their respective
representatives, successors and assigns,
are responsible for taking measures to
bring the property back into compliance if the property is not maintained

§ 80.21

according to the terms of this part, the
conveyance, and the grant award. The
relative rights and responsibilities of
FEMA, the grantee, the subgrantee,
and subsequent holders of the property
interest at the time of enforcement,
shall include the following:
(1) The grantee will notify the subgrantee and any current holder of the
property interest in writing and advise
them that they have 60 days to correct
the violation.
(i) If the subgrantee or any current
holder of the property interest fails to
demonstrate a good faith effort to
come into compliance with the terms
of the grant within the 60-day period,
the grantee shall enforce the terms of
the grant by taking any measures it
deems appropriate, including but not
limited to bringing an action at law or
in equity in a court of competent jurisdiction.
(ii) FEMA, its representatives, and
assignees may enforce the terms of the
grant by taking any measures it deems
appropriate, including but not limited
to 1 or more of the following:
(A) Withholding FEMA mitigation
awards or assistance from the State
and subgrantee; and current holder of
the property interest.
(B) Requiring transfer of title. The
subgrantee or the current holder of the
property interest shall bear the costs
of bringing the property back into
compliance with the terms of the
grant; or
(C) Bringing an action at law or in
equity in a court of competent jurisdiction against any or all of the following
parties: the grantee, the subgrantee,
and their respective successors.

Subpart D—After the Grant
Requirements
§ 80.21 Closeout requirements.
Upon closeout of the grant, the subgrantee, through the grantee, shall
provide FEMA, with the following:
(a) A copy of the deed recorded for
each property, demonstrating that
each property approved in the original
application was mitigated and that the
deed restrictions recorded are consistent with the FEMA model deed restriction language to meet the requirements of this part;

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§ 80.21

44 CFR Ch. I (10–1–11 Edition)

(b) A photo of each property site
after project completion;
(c) The latitude-longitude coordinates of each property site;
(d) Identification of each property as
a repetitive loss property, if applicable;
and

(e) Other information as determined
by the Administrator.

PARTS 81–149 [RESERVED]

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