Section 1366 of the National Flood Insurance Reform Act

Appendix A: The National
Flood Insurance Act of
1968, Sections 1366 and
1367, as Amended by the
National Flood Insurance
Reform Act of 1994,
Sections 553 and 554

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MITIGATION ASSISTANCE
Sec. l366.34 (a) AUTHORITY.--The Director shall
carry
out
a
program
to
provide
financial
assistance to States and communities, using
amounts made available from the National Flood
Mitigation Fund under section 1367, for planning
and carrying out activities designed to reduce the
risk of flood damage to structures covered under
contracts for flood insurance under this title.
Such financial assistance shall be made available
to States and communities in the form of grants
under subsection (b) for planning assistance and
in the form of grants under this section for
carrying out mitigation activities.
(b)

42 USC
4104

PLANNING ASSISTANCE GRANTS.--

(1) IN GENERAL.--The Director may make grants
under this subsection to States and communities to
assist in developing mitigation plans under
subsection (c).
(2)
FUNDING.--Of any amounts made available
from the National Flood Mitigation Fund for use
under this section in any fiscal year, the
Director may use not more than $1,500,000 to
provide planning assistance grants under this
subsection.
(3)

LIMITATIONS.--

(A)
TIMING.--A grant under this subsection
may be awarded to a State or community not more
than once every 5 years and each grant may cover a
period of 1 to 3 years.

34

Sec. 553, National Flood Insurance Reform Act of
1994, Public Law 103-325, approved September 23,
1994, added Sec. 1366. Subsection (b) of Sec. 553
requires the Director to issue regulations to
carry out Sec. 1366 no later than 6 months after
the date of enactment of the Act.

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(B)
SINGLE GRANTEE AMOUNT.--A
planning assistance may not exceed-(i)
(ii)

grant

for

$150,000 to any State; or
$50,000 to any community.

(C)
CUMULATIVE STATE GRANT AMOUNT.--The sum of
the amounts of grants made under this subsection
in any fiscal year to any one State and all
communities located in such State may not exceed
$300,000.
(c)
ELIGIBILITY FOR MITIGATION ASSISTANCE.--To be
eligible to receive financial assistance under
this section for mitigation activities, a State or
community shall develop, and have approved by the
Director, a flood risk mitigation plan (in this
section referred to as a "mitigation plan"), that
describes the mitigation activities to be carried
out with assistance provided under this section,
is consistent with the criteria established by the
Director
under
section
1361,
and
provides
protection against flood losses to structures for
which contracts for flood insurance are available
under this title.
The mitigation plan shall be
consistent with a comprehensive strategy for
mitigation activities for the area affected by the
mitigation plan, that has been adopted by the
State or community following a public hearing.
(d)

NOTIFICATION

OF

APPROVAL

AND

GRANT AWARD.--

(1) IN GENERAL.--The Director shall notify a
State or community submitting a mitigation plan of
the approval or disapproval of the plan not later
than 120 days after submission of the plan.
(2) NOTIFICATION OF DISAPPROVAL.--If the Director
does not approve a mitigation plan submitted under
this subsection, the Director shall notify, in
writing, the State or community submitting the
plan of the reasons for such disapproval.

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(e)

ELIGIBLE MITIGATION ACTIVITIES.--

(1)
USE OF AMOUNTS.--Amounts provided under
this section (other than under subsection (b)) may
be used only for mitigation activities specified
in a mitigation plan approved by the Director
under subsection (d). The Director shall provide
assistance under this section to the extent
amounts are available in the National Flood
Mitigation Fund pursuant to appropriation Acts,
subject only to the absence of approvable
mitigation plans.
(2)
DETERMINATION
OF
ELIGIBLE
PLANS.--The
Director may approve only mitigation plans that
specify mitigation activities that the Director
determines are technically feasible and costeffective and only such plans that propose
activities
that
are
cost-beneficial
to
the
National Flood Mitigation Fund.
(3)
STANDARD FOR APPROVAL.--The Director shall
approve mitigation plans meeting the requirements
for approval under paragraph (1) that will be most
cost-beneficial to the National Flood Mitigation
Fund.
(4) PRIORITY.--The Director shall make every
effort to provide mitigation assistance under this
section for mitigation plans proposing activities
for repetitive loss structures and structures that
have incurred substantial damage.
(5)
ELIGIBLE ACTIVITIES.--The Director shall
determine whether mitigation activities described
in a mitigation plan submitted under subsection
(d) comply with the requirements under paragraph
(1). Such activities may include-(A)
demolition or relocation of any
structure located on land that is along the shore
of a lake or other body of water and is certified
by an appropriate State or local land use
authority to be subject to imminent collapse or
subsidence as a result of erosion or flooding;
(B)
elevation, relocation, demolition, or
floodproofing of structures (including public
structures) located in areas having special flood
hazards or other areas of flood risk;

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(C) acquisition by States and communities of
properties (including public properties) located
in areas having special flood hazards or other
areas of flood risk and properties substantially
damaged by flood, for public use, as the Director
determines
is
consistent
with
sound
land
management and use in such area;
(D)
minor physical mitigation efforts that
do not duplicate the flood prevention activities
of other Federal agencies and that lessen the
frequency or severity of flooding and decrease
predicted flood damages, which shall not include
major flood control projects such as dikes,
levees, seawalls, groins, and jetties unless the
Director specifically determines in approving a
mitigation plan that such activities are the most
cost-effective mitigation activities for the
National Flood Mitigation Fund;
(E)

beach nourishment activities;

(F) the provision of technical assistance by
States to communities and individuals to conduct
eligible mitigation activities;
(G)
other activities that the Director
considers appropriate and specifies in regulation;
and
(H)
other
mitigation
activities
not
described in subparagraphs (A) through (F) or the
regulations issued under subparagraph (G), that
are described in the mitigation plan of a State or
community.
(f)

LIMITATIONS

ON

AMOUNT

OF

ASSISTANCE.--

(1)
AMOUNT.--The sum of the amounts of
mitigation assistance provided under this section
during any 5-year period may not exceed-(A)

$10,000,000 to any State; or

(B)

$3,300,000 to any community.

(2)
GEOGRAPHIC.--The sum of the amounts of
mitigation assistance provided under this section
during any 5-year period to any one State and all
communities located in such State may not exceed
$20,000,000.

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(3)
WAIVER.--The Director may waive the
dollar amount limitations under paragraphs (1) and
(2) for any State or community for any 5-year
period during which a major disaster or emergency
declared by the President (pursuant to the Robert
T.
Stafford
Disaster
Relief
and
Emergency
Assistance Act) as a result of flood conditions is
in effect with respect to areas in the State or
community.
(g)

MATCHING REQUIREMENT.--

(1) IN GENERAL.--The Director may not provide
mitigation assistance under this section to a
State or community in an amount exceeding 3 times
the amount that the State or community certifies,
as the Director shall require, that the State or
community will contribute from non-Federal funds
to develop a mitigation plan under subsection (c)
and to carry out mitigation activities under the
approved mitigation plan.
In no case shall any
in-kind contribution by any State or community
exceed one-half of the amount of non-Federal funds
contributed by the State or community.
(2)
NON-FEDERAL FUNDS.--For purposes of this
subsection, the term "non-Federal funds" includes
State
or
local
agency
funds,
in-kind
contributions, any salary paid to staff to carry
out the mitigation activities of the recipient,
the value of the time and services contributed by
volunteers to carry out such activities (at a rate
determined by the Director), the value of any
donated material or building, and the value of any
lease on a building.
(h) OVERSIGHT OF MITIGATION PLANS.--The Director
shall
conduct
oversight
of
recipients
of
mitigation assistance under this section to ensure
that the assistance is used in compliance with the
approved mitigation plans of the recipients and
that matching funds certified under subsection (g)
are used in accordance with such certification.

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(i)

RECAPTURE.--

(1)
NONCOMPLIANCE WITH PLAN.--If the Director
determines that a State or community that has
received mitigation assistance under this section
has not carried out the mitigation activities as
set forth in the mitigation plan, the Director
shall recapture any unexpended amounts and deposit
the amounts in the National Flood Mitigation Fund
under section 1367.
(2)
FAILURE TO PROVIDE MATCHING FUNDS.--If the
Director determines that a State or community that
has received mitigation assistance under this
section has not provided matching funds in the
amount
certified
under
subsection
(g),
the
Director shall recapture any unexpended amounts of
mitigation assistance exceeding 3 times the amount
of such matching funds actually provided and
deposit the amounts in the National Flood
Mitigation Fund under section 1367.
(j) REPORTS.--Not later than 1 year after the
date of enactment of the Riegle Community
Development and Regulatory Improvement Act of 1994
and biennially thereafter, the Director shall
submit a report to the Congress describing the
status of mitigation activities carried out with
assistance provided under this section.
(k)
DEFINITION OF COMMUNITY--For purposes
this section, the term "community" means--

of

(1)
a political subdivision that (A) has
zoning and building code jurisdiction over a
particular area having special flood hazards, and
(B) is participating in the National Flood
Insurance Program; or
(2) a political subdivision of a State, or
other authority, that is designated to develop and
administer
a
mitigation
plan
by
political
subdivision, all of which meet the requirements of
paragraph (1).

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NATIONAL FLOOD MITIGATION FUND
Sec. l367.35
(a)
ESTABLISHMENT AND AVAILABILITY.-The Director shall establish in the Treasury of
the United States a fund to be known as the
National Flood Mitigation Fund, which shall be
credited with amounts described in subsection (b)
and shall be available, to the extent provided in
appropriation Acts, for providing assistance under
section 1366.

42 USC

4104d
note

(b)
CREDITS.--The National Flood Mitigation
Fund shall be credited with-(1)
amounts from the National
Insurance Fund, in amounts not exceeding--

Flood

(A)
$10,000,000 in the fiscal year ending
September 30, 1994;
(B)
$15,000,000 in the fiscal year ending
September 30, 1995;
(C)
$20,000,000 in the fiscal year ending
September 30, 1996; and
(D)
thereafter;

$20,000,000

in

each

fiscal

year

(2)
any penalties collected under section
102(f) of the Flood Disaster Protection Act of
1973; and
(3)
1366(i).

any amounts recaptured under section

(c)
INVESTMENT.--If the Director determines
that the amounts in the National Flood Mitigation
Fund are in excess of amounts needed under
subsection (a), the Director may invest any excess
amounts the Director determines advisable in
interest-bearing obligations issued or guaranteed
by the United States.

35

Sec. 554, National Flood Insurance Reform Act of
1994, Public Law 103-325, approved September 23,
1994, added Sec. 1367.

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(d)
REPORT.--The Director shall submit a
report to the Congress not later than the
expiration of the 1-year period beginning on the
date of enactment of this Act and not less than
once
during
each
successive
2-year
period
thereafter. The report shall describe the status
of the Fund and any activities carried out with
amounts from the Fund.

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Appendix B: FMA
Regulations

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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 78 RIN 3067-AC45
Flood Mitigation Assistance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Interim final rule; request for comments.

SUMMARY: This interim final rule implements Secs. 553 and 554 of the National
Flood Insurance Reform Act of 1994. Section 553 authorizes a Mitigation Assistance
Program, which authorizes FEMA to provide grants to States and communities for
planning assistance and for mitigation projects that reduce the risk of flood damages to
structures covered under contracts for flood insurance. Section 554 establishes the
National Flood Mitigation Fund to fund assistance provided under Sec. 553.
DATES: This interim final rule is effective April 29, 1997. We invite comments on this
interim final rule, which should be received by June 18, 1997.
ADDRESSES: Please send any comments to the Rules Docket Clerk, Office of the
General Counsel, Federal Emergency Management Agency, 500 C Street SW, Room
840, Washington, DC 20472, (facsimile) (202) 646-4536.
FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street SW, Washington,
DC 20472, (202) 646-3619, (facsimile) (202) 646-3104.
SUPPLEMENTARY INFORMATION: The enactment of Title V of the Community
Development and Regulatory Reform Act, also known as the National Flood Insurance
Reform Act of 1994 (the Act), created significant opportunities for mitigation. Section
553 of the Act authorizes a Mitigation Assistance Program which FEMA has designated
Flood Mitigation Assistance (FMA). Section 554 establishes the National Flood
Mitigation Fund to provide assistance under Sec. 553. These regulations implement the
requirements of Secs. 553 and 554 of the Act. FMA was developed to address concerns
regarding repetitively or substantially damaged structures, or both, and the associated
claims on the National Flood Insurance Fund. The overall goal of FMA is to fund costeffective measures that reduce or eliminate the long-term risk of flood damage to
buildings, manufactured homes, and other insurable structures.

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FEMA will ask the Governor of each State to identify a point of contact (POC) for FMA.
Each State, through the POC, will receive annual funding for technical assistance and
planning grants through the annual Cooperative Agreements. States will distribute the
planning grants at their discretion, in accordance with the specified grant limitations.
The purpose of the planning grants is to develop or update a Flood Mitigation Plan that
FEMA must approve before approving a project grant. In addition, States will be notified
as to the allocation for FMA project grants each year. States will solicit and evaluate
project applications, choosing those they wish to fund. The POC will review the
applications for completeness, basic eligibility, and consistency with the approved Flood
Mitigation Plan. The POC will forward these projects to FEMA for final approval and
funding through a supplement to the annual Cooperative Agreement. All project
applications, as well as Flood Mitigation Plans, must go through the POC to be accepted
by FEMA, unless a State chooses not to coordinate the program. Alternative procedures
allowing for direct coordination with FEMA are available in the following two
circumstances. If a Governor chooses not to identify a POC to coordinate the FMA,
communities may submit applications and plans directly to FEMA.
The regulations outline a basic planning process with minimum standards for the Flood
Mitigation Plans. Existing plans, such as those credited through the Community Rating
System or those prepared in conformance with Sec. 409 of the Stafford Act, 42 U.S.C.
5176, may meet the requirements of FMA with few or no modifications. The plan should
summarize the planning process, and should be reviewed periodically by the community
in order to remain a viable document. Flood Mitigation Plans must be formally adopted
by the legal entity submitting the plan for FEMA approval.
All FMA projects must be consistent with the goals of FMA, that is, to reduce the risk of
flood damage to structures insured under the National Flood Insurance Program (NFIP).
Specifically, project eligibility is dependent on two components: the type of activity
must be eligible (elevation, acquisition, etc.) and each project must meet a set of
minimum criteria (cost effectiveness, environmental considerations, etc.).
The regulations address the need for States and communities to maintain liaisons with
other organizations and agencies to better coordinate available programs. FMA strongly
encourages States to maintain a multi-hazard interagency mitigation team or other
coordinating body. The regulations for FMA were developed to be flexible enough to
work with existing programs with complementary goals. With the limited funds
available in FMA and in other mitigation programs, the ability to package programs will
be important to potential applicants.
FEMA used an open process in the development of these regulations, coordinating with
many of our constituent groups. Several forums were held to help identify issues and
approaches to implementing FMA, and draft regulations were circulated for comment.

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National Environmental Policy Act
An environmental review pursuant to the requirements of 44 CFR Part 10, Environmental
Consideration, will be completed before publication of the final rule.
Executive Order 12898, Environmental Justice
Review of the socioeconomic conditions relating to this interim rule will be completed
before publication of the final rule.
Executive Order 12866, Regulatory Planning and Review
This interim final rule is not a significant regulatory action within the meaning of Sec.
2(f) of E.O. 12866 of September 30, 1993, 58 FR 51735, but attempts to adhere to the
regulatory principles set forth in E.O. 12866. The rule has not been reviewed by the
Office of Management and Budget under E.O. 12866.
P.L. 104-121, Congressional Review of Agency Rulemaking
This interim final rule is not a “major rule” within the meaning of Sec. 804 of P.L. 104121, Congressional Review of Agency Rulemaking. FEMA has submitted a report to
Congress summarizing the scope and effect of the rule, as required by Sec. 801 of
P.L.104-121.
Paperwork Reduction Act
A notice of the proposed information collections has been published in the Federal
Register requesting comments on the planning requirements and other information
collection instruments. FEMA will be submitting an OMB clearance package to OMB
after the comment period is closed. Until OMB approval, FEMA cannot collect
information under this rule. This includes Flood Mitigation Plans, Project Grant
applications, and post-grant reports. FEMA will publish a Federal Register notice to
notify potential applicants of OMB's approval and implementation for information
collection purposes.
Executive Order 12612, Federalism
This interim final rule involves no policies that have federalism implications under E.O.
12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This interim final rule meets the applicable standards of Sec. 2(b)(2) of E.O. 12778.

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List of Subjects in 44 CFR Part 78
Flood insurance, Flood mitigation assistance, Grant programs.
Accordingly, Chapter I, Subchapter B of Title 44 of the Code of Federal Regulations is
amended by adding Part 78 to read as follows:
PART 78--FLOOD MITIGATION ASSISTANCE
Sec.78.1 Purpose.
78.2 Definitions.
78.3 Responsibilities.
78.4 Applicant eligibility.
78.5 Flood Mitigation Plan development.
78.6 Flood Mitigation Plan approval process.
78.7 Grant application procedures.
78.8 Grant funding limitations.
78.9 Planning grant approval process.
78.10 Project grant approval process.
78.11 Minimum project eligibility criteria.
78.12 Eligible types of projects.
78.13 Grant administration.
78.14 Alternative procedures.
Authority: 42 U.S.C. 4001 et seq.; 42 U.S.C. 4104c, 4104d; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR
19367, 3 CFR, 1979 Comp., p. 376.
§ 78.1 Purpose.
(a) The purpose of this part is to prescribe actions, procedures, and requirements for
administration of the Flood Mitigation Assistance (FMA) program, authorized by
Sections 1366 and 1367 of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c
and 4104d.
(b) The purpose of FMA is to assist State and local governments in funding costeffective actions that reduce or eliminate the long-term risk of flood damage to buildings,
manufactured homes, and other insurable structures. The long-term goal of FMA is to
reduce or eliminate claims under the National Flood Insurance Program (NFIP) through
mitigation activities. The program provides cost-shared grants for three purposes:
Planning Grants to States and communities to assess the flood risk and identify actions to
reduce that risk; Project Grants to execute measures to reduce flood losses; and Technical
Assistance Grants that States may use to assist communities to develop viable FMA
applications and implement FMA projects. FMA also outlines a process for development
and approval of Flood Mitigation Plans.

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§ 78.2 Definitions.
(a) Except as otherwise provided in this part, the definitions set forth in part 59 of this
subchapter are applicable to this part.
(b) Community means
(1) A political subdivision, including any Indian tribe or authorized tribal organization
or Alaskan native village or authorized native organization, that has zoning and building
code jurisdiction over a particular area having special flood hazards, and is participating
in the NFIP; or
(2) A political subdivision of a State, or other authority, that is designated to develop
and administer a mitigation plan by political subdivisions, all of which meet the
requirements of paragraph (b)(1) of this section.
§ 78.3 Responsibilities.
(a) Federal. The Director will allocate available funds to each FEMA Region. The
FEMA Regional Director will:
(1) Allocate Technical Assistance and Planning Grants to each State through the
annual Cooperative Agreements;
(2) Approve Flood Mitigation Plans in accordance with Sec. 78.6; and
(3) Award all FMA project grants, after evaluating applications for minimum
eligibility criteria and ensuring compliance with applicable Federal laws.
(b) State. The State will serve as grantee through the State Point of Contact (POC)
designated by the Governor. The POC must have working knowledge of NFIP goals and
processes and will ensure that FMA is coordinated with other mitigation activities at the
State level. If a Governor chooses not to identify a POC to coordinate the FMA,
communities may follow alternative procedures as described in Sec. 78.14. States will:
(1) Provide technical assistance to communities to assist them in developing
applications and implementing approved applications;
(2) Award planning grants;
(3) Submit plans to the FEMA Regional Director for approval;
(4) Evaluate project applications, selecting projects to forward to the FEMA Regional
Director for final approval; and
(5) Submit performance and financial reports to FEMA in compliance with 44 CFR
13.40 and 13.41.
(c) Community. The community will:
(1) Complete and submit applications to the State POC for the Planning and Projects
Grants;
(2) Prepare and submit the Flood Mitigation Plan;
(3) Implement all approved projects;
(4) Comply with FMA requirements, 44 CFR parts 13 and 14, the grant agreement,
applicable Federal, State and local laws and regulations (as applicable); and
(5) Account for the appropriate use of grant funds to the State POC.

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§ 78.4 Applicant eligibility.
(a) The State is eligible to apply for grants for Technical Assistance.
(b) State agencies and communities are eligible to apply for Planning and Project
Grants and to act as subgrantee. Communities on probation or suspended under 44 CFR
part 60 of the NFIP are not eligible. To be eligible for Project Grants, an eligible
applicant will develop, and have approved by the FEMA Regional Director, a Flood
Mitigation Plan in accordance with Sec. 78.5.
§ 78.5 Flood Mitigation Plan development.
A Flood Mitigation Plan will articulate a comprehensive strategy for implementing
technically feasible flood mitigation activities for the area affected by the plan. At a
minimum, plans will include the following elements:
(a) Description of the planning process and public involvement. Public involvement
may include workshops, public meetings, or public hearings.
(b) Description of the existing flood hazard and identification of the flood risk,
including estimates of the number and type of structures at risk, repetitive loss properties,
and the extent of flood depth and damage potential.
(c) The applicant's floodplain management goals for the area covered by the plan.
(d) Identification and evaluation of cost-effective and technically feasible mitigation
actions considered.
(e) Presentation of the strategy for reducing flood risks and continued compliance with
the NFIP, and procedures for ensuring implementation, reviewing progress, and
recommending revisions to the plan.
(f) Documentation of formal plan adoption by the legal entity submitting the plan (e.g.,
Governor, Mayor, County Executive).
§ 78.6 Flood Mitigation Plan approval process.
The State POC will forward all Flood Mitigation Plans to the FEMA Regional Director
for approval. The Regional Director will notify the State POC of the approval or
disapproval of the plan within 120 days after submission. If the Regional Director does
not approve a mitigation plan, the Regional Director will notify the State POC of the
reasons for non-approval and offer suggestions for improvement.
§ 78.7 Grant application procedures.
States will apply for Technical Assistance and Planning Grants through the annual
Cooperative Agreement between FEMA and the State. The State POC will be notified
regarding their available funds for project grants each fiscal year. The State may forward
project applications to FEMA for review at any time.

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§ 78.8 Grant funding limitations.
(a) The Director will allocate the available funds for FMA each fiscal year. Each State
will receive a base amount of $10,000 for Planning Grants and $100,000 for Project
Grants, with the remaining funds distributed based on the number of NFIP policies,
repetitive loss structures, and other such criteria as the Director may determine in
furtherance of the disaster resistant community concept.
(b) A maximum of $1,500,000 may be allocated for Planning Grants nationally each
fiscal year. A Planning Grant will not be awarded to a State or community more than
once every 5 years, and an individual Planning Grant will not exceed $150,000 to any
State agency applicant, or $50,000 to any community applicant. The total Planning Grant
made in any fiscal year to any State, including all communities located in the State, will
not exceed $300,000.
(c) A maximum of ten percent of the funds available for Project Grants will be
allocated to Technical Assistance grants each fiscal year.
(d) The total amount of FMA Project Grant funds provided during any 5-year period
will not exceed $10,000,000 to any State or $3,300,000 to any community. The total
amount of Project Grant funds provided to any State, including all communities located
in the State will not exceed $20,000,000 during any 5-year period.
§ 78.9 Planning grant approval process.
The State POC will evaluate and approve applications for Planning Grants. Funds will
be provided only for the flood portion of any mitigation plan, and Planning Grants will
not be awarded to develop new or improved floodplain maps. The performance period
for each Planning Grant will not exceed 3 years.
§ 78.10 Project grant approval process.
The State POC will solicit applications from eligible applicants, review projects for
eligibility, and select applications for funding. Those project applications will then be
forwarded to FEMA for final approval. FEMA will provide funding on a project by
project basis through a supplement to the annual Cooperative Agreement. The FEMA
Regional Director will notify States regarding the program schedule at the beginning of
each fiscal year.

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§ 78.11 Minimum project eligibility criteria.
The identification of a project or activity in an approved Flood Mitigation Plan does
not mean it meets FMA eligibility criteria. Projects must:
(a) Be cost-effective, not costing more than the anticipated value of the reduction in
both direct damages and subsequent negative impacts to the area if future floods were to
occur. Both costs and benefits are computed on a net present value basis.
(b) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of
Wetlands; Executive Order 12699, Seismic Safety of Federal and Federally Assisted or
Regulated New Building Construction; 44 CFR part 10, Environmental Considerations;
and any applicable environmental laws and regulations.
(c) Be technically feasible.
(d) Be in conformance with the minimum standards of the NFIP Floodplain
Management Regulations at 44 CFR part 60.
(e) Be in conformance with the Flood Mitigation Plan; the type of project being
proposed must be identified in the plan.
(f) Be located physically in a participating NFIP community that is not on probation or
must benefit such community directly by reducing future flood damages.
§ 78.12 Eligible types of projects.
The following types of projects are eligible for funding through FMA, providing they
meet all other eligibility criteria.
(a) Acquisition of insured structures and underlying real property in fee simple and
easements restricting real property to open space uses.
(b) Relocation of insured structures from acquired or restricted real property to non
hazard-prone sites.
(c) Demolition and removal of insured structures on acquired or restricted real
property.
(d) Elevation of insured residential structures in accordance with 44 CFR 60.3.
(e) Elevation or dry floodproofing of insured non-residential structures in accordance
with 44 CFR 60.3.
(f) Other activities that bring an insured structure into compliance with the floodplain
management requirements at 44 CFR 60.3.
(g) Minor physical flood mitigation projects that reduce localized flooding problems
and do not duplicate the flood prevention activities of other Federal agencies.
(h) Beach nourishment activities.

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Page B-9

§ 78.13 Grant administration.
(a) FEMA may contribute up to 75 percent of the total eligible costs of each grant. At
least 25 percent of the total eligible costs will be provided from a nonfederal source. Of
this amount, not more than one half will be provided from in-kind contributions.
Allowable costs will be governed by OMB Circular A-87 and 44 CFR part 13.
(b) The grantee must submit performance and financial reports to FEMA and must
ensure that all subgrantees are aware of their responsibilities under 44 CFR parts 13 and
14.
(c) FEMA will recapture any funds provided to a State or a community under FMA
and deposit the amounts in the National Flood Mitigation Fund 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 the regulations in this part.
§ 78.14 Alternative procedures.
For the purposes of this part, alternative procedures are available which allow the
community to coordinate directly with FEMA in implementing the program. These
alternative procedures are available in the following circumstances. Native American
tribes or authorized tribal organizations may submit plans and applications to the State
POC or directly to the FEMA Regional Director. If a Governor chooses not to identify a
POC to coordinate the FMA, communities may also submit plans and applications to the
FEMA Regional Director.
Dated: March 13, 1997.

James L. Witt, Director.

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Appendix C: CRS
Floodplain Management
Planning Process

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page C-1

CRS FLOODPLAIN MANAGEMENT PLANNING PROCESS
The NFIRA states that to be eligible to receive an FMA project grant, a State or
community must have a FEMA-approved mitigation plan. An existing plan that has been
credited through the Community Rating System (CRS) may meet the requirements of
FMA with few or no modifications. The standard planning process for CRS applicants is
excerpted below (taken from CRS Application, FIA 154, July 1996 edition).
a. Organize to prepare the plan. Show in the plan or an attached memo:
1. If the plan was prepared under the supervision or direction of a professional
planner;
2. If a committee was involved; if so, what community departments were
represented; and/or
3. If your community’s governing board formally created or recognized the planning
process or the committee.
b. Involve the public. At a minimum, you must show in the plan or an attached memo
when a meeting to obtain public input on the draft plan was held. Also show:
1. If public meetings or other public information activities were implemented to
explain the planning process and encourage input; and/or
2. If the planning committee noted under a.2 and 3 above included representatives of
the public; if so, how many meetings were held and what topics were discussed.
c. Coordinate with other agencies. Show in the plan or an attached memo how the
planning process coordinated with neighboring communities and local, regional,
State, and Federal agencies that implement floodplain management activities. At a
minimum, you must show that the draft action plan was sent to the other agencies for
their comments. Also show:
1. If the other agencies were asked for their input at the beginning of the planning
process;
2. If meetings were held with representatives of the other agencies; and/or
3. If the plan includes a review of the community’s needs, goals, and plans for the
area.
d. Assess the hazard. The plan must include a map and description of the known flood
hazards and/or repetitive loss areas, and a discussion of past floods. Also show if the
plan includes a map and description of other natural hazards.

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Page C-2

e. Assess the problem. The plan must discuss the number and types of buildings subject
to the hazards identified in the hazard assessment. Also show if the plan:
1. Describes the impact of flooding on buildings, infrastructure, and public health
and safety;
2. Describes the need and procedures for warning and evacuating residents and
visitors;
3. Identifies critical facilities, such as hospitals, fire stations, and chemical storage
companies;
4. Describes areas that provide natural and beneficial functions, such as wetlands;
5. Includes a description of development trends and what the future brings for
development and redevelopment in the floodplain, the watershed, and natural
resource areas; and/or
6. Includes a summary of the impact of flooding on the community and its economy.
f. Set goals. The plan must include a statement of your floodplain management
program’s goals.
g. Review possible activities. The plan must describe those activities that were
considered and note why they were or were not recommended.
h. Draft an action plan. The action plan specifies those activities appropriate to the
community’s resources, flood hazard, and vulnerable properties. Show in the plan
where it recommends who does what, when it will be done, and how it will be
financed. Also show if the action plan established post-disaster mitigation policies
and procedures.
i. Adopt the plan. Show that the plan was adopted by your community’s governing
body.
j. Implement, evaluate, and revise. Show in the plan or an attached memo:
1. If your community has procedures for monitoring implementation, reviewing
progress, and recommending revisions to the plan in an annual evaluation report.
2. If the evaluation report is prepared by the same planning committee that prepared
the plan.

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Appendix D:
Environmental
Documentation

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page D-1

FEMA’S ENVIRONMENTAL REVIEW PROCESS
For any project submitted and determined to be eligible for funding, prior to initiation of
the project FEMA must undertake a review under the requirements of the National
Environmental Policy Act (NEPA), as well as other applicable Federal environmental
laws and Executive Orders. The FEMA project review process entails a number of steps;
this appendix highlights only the environmental review step.
In general, applicants should make a reasonable effort to gather available information. To
assist FEMA in its compliance with NEPA and several environmental laws that apply
specifically to Federal agencies, and to expedite the review of the grant application,
applicants are required to submit information and other environmental agencies’ comments
on proposed projects.
OVERVIEW
What is the National Environmental Policy Act (NEPA)?


NEPA is a Federal law which establishes a national policy for the protection and
maintenance of the environment by providing for a process which all Federal
agencies must follow to ensure that:
◊
◊

The Federal agency has considered the effects of their actions on the environment
before deciding to fund and implement a proposed action, and
Environmental information is made available to other public officials and citizens
before agency decisions are made and before actions are taken.

Note: Accordingly, the applicant may not initiate any action with respect to a project or a
portion of a project proposed for FEMA funding until the NEPA review has been
completed; doing so jeopardizes FEMA's participation in the funding for the project.

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Page D-2

FEMA’S ENVIRONMENTAL REVIEW PROCESS (Continued)
What is the environmental review process?
The following flowchart summarizes the review process.
FEMA’s NEPA Environmental Review Process



Preliminary Coordination
and Education

Identify Proposed Action
and Connected Actions
Statutory Exclusion (P.L. 93-288
Section 312) 44 CFR Part 10.8(c)

Yes

Determine
Level of NEPA
Review

Categorical Exclusion
(44 CFR Part 10.8(d))

Extraordinary
Circumstances?
(44 CFR Part
10.8(d)(3))

No

Environmental Assessment
(44 CFR Part 10.9)

Yes

Significant
Impacts or
Controversy?

Environmental Impact Statement
(44 CFR Part 10.8(b))

Yes

All projects that are
considered for
Federal funding will
be reviewed
according to NEPA
and other
environmental laws.
The review for other
environmental laws is
not depicted on this
chart. The
information and
compliance process
for these other laws is
incorporated into the
NEPA review process
and document, so that
it occurs
simultaneously.

No

Administrative Record

Finding of No Significant Impact

Record of Decision

Agency Action

Agency Action

Agency Action



For the NEPA

process, a determination is made if the project:
◊
◊
◊

Qualifies to be categorically excluded from the environmental review process,
Requires an Environmental Assessment (EA), or
Requires an Environmental Impact Statement (EIS).

What is the difference between a Categorical Exclusion, an Environmental
Assessment, and an Environmental Impact Statement?


A Categorical Exclusion is typically determined for projects which fit one of the
categories of actions that FEMA has previously identified and listed as normally
having minimal or no effect on the environment, proposing no significant change to
existing environmental conditions, and not contributing to a significant cumulative
environmental impact.

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Page D-3
FEMA’S ENVIRONMENTAL REVIEW PROCESS (Continued)
In addition, when the FEMA Regional Director determines that a project qualifies to
be categorically excluded, the director must assure and document that there are no
"extraordinary circumstances," such as considerable impact on upstream or
downstream resources, the presence of wetlands, protected species, historic resources
or hazardous materials in the project area, or public controversy associated with the
project. Certain types of mitigation projects such as the preparation of regulations,
directives, manuals, or other guidance are often categorically excluded.


An Environmental Assessment is conducted when a proposal does not qualify for a
categorical exclusion. An assessment evaluates and concisely documents an action's
potential for impacting the human and natural environment and is the basis for either
a Finding of No Significant Impact (FONSI), in which case the project may proceed,
or a determination that further study is required and an EIS must be prepared.



An Environmental Impact Statement is a detailed document prepared for projects that
will have a significant adverse effect on the human or natural environment and where
that effect cannot be fully mitigated or is the subject of significant public controversy.

Note: A major difference between NEPA and similar State environmental laws is that
these laws only assess and document impacts on the proposed alternative, whereas NEPA
requires that feasible alternatives be assessed and documented. To comply with NEPA
an EA or EIS must have identified and assessed at least one feasible alternative in
addition to the proposed alternative and the "No Action" alternative.
What type of information does an Environmental Assessment or an Environmental
Impact Statement include?






Purpose and need for the action,
Description of alternative solutions (including the proposed action),
Description of social, natural, and economic resources that could be impacted by the
project, with special attention to specific resources and issues relevant to the
proposed action and alternatives, such as:
◊ Water resources (hydrology, wetlands, floodplain management, and water
quality),
◊ Natural resources (plant and animal species and their habitats),
◊ Physical environment (slope stability, soil and sedimentation),
◊ Historic and archeological resources,
◊ Air quality, and
◊ Social and economic impacts (noise, traffic and circulation, affected population,
minority and low-income populations, public facilities and services), and
An analysis of the consequences of the proposed action and each alternative on those
resources.

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Flood Mitigation Assistance (FMA) Guidance

Page D-4

FEMA’S ENVIRONMENTAL REVIEW PROCESS (Continued)
How can an applicant assist in expediting the environmental review process?








The applicant should make the State and FEMA aware of its intention to submit a
project as early as possible.
In anticipation of a FEMA grant, applicants should send a request for information and
comments to all relevant State and Federal agencies.
FEMA and the State will coordinate with the applicant to develop work tasks to
expedite the preparation and completion of NEPA documentation and, where
appropriate, to coordinate it with the review and documentation required by State
environmental assessment laws.
The applicant should share with FEMA and the State all information concerning the
alternative actions considered during the early planning process, as well as all
environmental information available to the applicant.
The applicant may be asked to assist in identifying or documenting site conditions,
such as the following:
◊ Native American lands or treaty rights,
◊ Socioeconomic impacts and minority and low-income populations,
◊ Hydrologic regime, including wetland and floodplain conditions,
◊ Topography and land form, including unique physical features, unstable soil, or
steep slopes,
◊ Habitat types, including any threatened or endangered species habitat,
◊ Historic properties or districts,
◊ Archeological resources, relics, or human remains, and
◊ Toxic or hazardous waste sites.

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Page D-5

PORTIONS OF 44 CFR PART 10 RELEVANT FOR APPLICANTS
10.7 (a)
Early Planning. The Regional Director shall integrate the NEPA process with other planning
at the earliest possible time to ensure that planning decisions reflect environmental values, to
avoid delays later in the process, and to head off potential conflicts.
10.7 (c)
(1) Technical Assistance to Applicants. The Council on Environmental Quality regulations
requires agencies to provide for early involvement in actions which, while planned by
private applicants or other non-federal entities, require some form of Federal approval. To
implement the requirements of those regulations,
(i) The head of the FEMA offices and administration shall prepare, where practicable,
generic guidelines describing the scope and level of environmental information required
from applicants as a basis for evaluating their proposed actions, and make these
guidelines available upon request.
(iii) Upon receipt of an application for agency approval, or notification that an
application will be filed, the Regional Director shall consult as required with other
appropriate parties to initiate and coordinate the necessary environmental analyses.
(2) To facilitate compliance with the requirements of paragraph (a) of this section, applicants
and other non-federal entities are expected to:
(i) Contact the Regional Director as early as possible in the planning process for
guidance on the scope and level of environmental information required to be submitted
in support of their application;
(ii) Conduct any studies which are deemed necessary and appropriate by FEMA to
determine the impact of the action on the environment;
(iii) Consult with appropriate Federal, Regional, State, and local agencies and other
potentially interested parties during preliminary planning stages to ensure that all
environmental factors are identified;
(iv) Submit applications for all Federal, Regional, State, and local approval as early as
possible in the planning process;
(v) Notify the Regional Director as early as possible of all other Federal, Regional, State,
local, and Native American tribe actions required for project completion so that FEMA
may coordinate all Federal environmental reviews; and
(vi) Notify the Regional Director of all known parties potentially affected by or
interested in the proposed action.

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Page D-6

APPLICANT’S REQUEST FOR COMMENT
Applicants should submit a “Request for Comment” letter (see the following page) to
relevant Federal, State, regional, and local agencies and to other interested parties. This
information can serve several purposes. It may provide insight for the applicant into the
design implications of the proposed project, identifying sensitive areas that might be avoided
to minimize environmental impact on the community. It may also provide much of the
information needed to meet the requirements of NEPA and other related Federal laws (such
as the Endangered Species Act) for those who are undertaking the process and completing
the documentation.
Federal Agencies:
Required:
Army Corps of Engineers or State agency with jurisdiction over wetlands
U.S. Fish and Wildlife Service
U.S. Natural Resources Conservation Service
As Appropriate:
U.S. Environmental Protection Agency
U.S. Department of Agriculture
National Marine Fisheries Service
State Agencies With Jurisdiction Over:
Required:
Cultural/Historic Resources (State Historic Preservation Officer)
As Appropriate:
Wildlife
Fish and Game
Natural Resources
Water Resources
Wetlands
Coastal Zones
Hazardous/Toxic Materials
Environmental Protection
Other State, Regional, or Local Agencies or Interested Parties:
As Appropriate

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Flood Mitigation Assistance (FMA) Guidance

Page D-7

SUGGESTED FORMAT FOR “REQUEST FOR COMMENT” LETTER
Bob Smith
Minnesota Department of Wildlife
Dear Mr. Smith:
The City of Visseringville, in anticipation of a grant from the Federal Emergency
Management Agency (FEMA) for the implementation of a flood mitigation project under
FEMA’s Flood Mitigation Assistance program, is seeking comments and information
from authoritative agencies. In anticipation of this grant and to expedite environmental
review, the City of Visseringville is requesting that the Minnesota Department of
Wildlife provide any information available for the project area and comment on the
possible environmental impacts of the proposed project and identified alternatives, as
explained in the attached project description.
The City of Visseringville is not formally initiating consultation or undertaking
compliance for FEMA under any of FEMA’s Federal requirements. The City is seeking
to provide FEMA with necessary information to assist in and expedite FEMA’s
compliance with the National Environmental Policy Act (NEPA) and all other
environmental laws applicable to the project. The City and FEMA will use this
information to fulfill their respective requirements when this project is submitted and
considered for funding.
I am providing the enclosed description of the proposed project, the project area (with
maps), and alternatives to the project for your review and comment. Please provide an
expedited response to this request.
Sincerely,
Matthew Campbell
Mayor
City of Visseringville, Minnesota
The applicant should attach to this letter a detailed project description and maps, as
appropriate, to accurately locate the project area and illustrate the project site, as well as any
known physical or biologic site features. This will enable the commenting agency to provide
accurate, useful comments.

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Page D-8

ENVIRONMENTAL CONCERNS CHECKLIST
Check a box if that category is a potential issue to be investigated. Attach comments or
relevant information to this checklist for those categories that have issues identified.
ENVIRONMENTAL ISSUES

NO
ACTION

PROPOSED
ACTION

ALT. #1

ALT. #2

ALT. #3

GEOLOGY
Unique Features
Mineral/Energy Resources
Rock Slope Stability
Depth to Impermeable Layers
Subsidence
Consolidation
Rock Weathering
Seismic Hazards
SOILS
Slope Stability
Foundation Support
Shrink-Swell
Frost Susceptibility
Liquefaction
Erodibility
Permeability
Productivity (Farmland)
SPECIAL LAND FEATURES
Sanitary Landfills
*Wetlands (indicate permit)
Coastal Zones/Shorelines
Mine Dumps/Spoil Area
Prime Agricultural Farmland
Other ______________

WATER RESOURCES
Hydrologic Balance and
Stream-flow Regimes
(Downstream impacts)
Groundwater

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Page D-9

ENVIRONMENTAL ISSUES

NO
ACTION

PROPOSED
ACTION

ALT. #1

ALT. #2

ALT. #3

Groundwater Recharge Areas
Depth to Water Table
Drainage/Stormwater Mgt.
Sedimentation/Erosion
Impoundment Leakage
Floodplains (E.O. 11988)
Floodway Alteration
Water Quality
Specially Designated Wild and
Scenic Rivers
BIOTIC RESOURCES
*Threatened and Endangered
Species
Plant and Animal Habitat
Diversity
Site Productivity
Nutrient Cycling
Wilderness Areas
Unique Ecosystems
Specially Designated Natural
Areas
CLIMATE AND AIR
Macro-Climatic Hazards
Forest and Range Fires
Heat Balance
Wind Alteration
Humidity and Precipitation
Generation and Dispersion of
Contaminants
Shadow Effect
Air Quality
HISTORICAL/CULTURAL
RESOURCES
*Archeological Sites
*Historical Structures

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Flood Mitigation Assistance (FMA) Guidance

Page D-10

ENVIRONMENTAL ISSUES

NO
ACTION

PROPOSED
ACTION

ALT. #1

ALT. #2

ALT. #3

*Culturally Significant
Features
SOCIO-ECONOMIC
Land Use/Zoning
Employment/Economic Base
Community Services
Health and Safety
Waste Water Treatment
Water Supply
Housing
Transportation
Noise/Odor/Vibration
Sense of Community
Viability of the Community
Local Government Taxation
Conflict with Other Plans
Elderly Populations
*Low Income Populations
(E.O. 12898)
*Minority Populations
(E.O. 12898)
VISUAL RESOURCES
HAZARDOUS MATERIALS
Underground Tanks
Hazardous Building Materials
Hazardous Waste Sites

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Flood Mitigation Assistance (FMA) Guidance

Page D-11

SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT
This law will be most relevant for acquisition and elevation projects, which often affect
historic structures.
Section 106 of the National Historic Preservation Act requires that Federal agencies “take
into account the effect the undertaking [proposed project] may have on any district, site,
building, structure, or object that is included in or eligible for inclusion in the National
Register [of Historic Places].” Projects proposed for funding under the FMA require that
FEMA identify resources in the area that may be affected by the project. Applicants have an
obligation to assist FEMA in this task. FEMA must then obtain concurrence from the State
Historic Preservation Officer (SHPO) on the eligibility of the identified resources and the
potential to affect them. If there are adverse effects, FEMA, in cooperation with the
applicant, must enter into consultation with the SHPO on ways to avoid or mitigate effects to
cultural resources and develop an agreement with the SHPO that identifies the agreed-upon
measures to mitigate effects.
Responsibility for compliance with the National Historic Preservation Act lies with the
Federal agency funding the project—in this case, FEMA. Applicants are not responsible for
resolving potential impacts to cultural/historic resources with the State Historic Preservation
Office, as is required of Federal agencies. However, FEMA requires applicants to solicit
comment and available information from the SHPO prior to submission of the project
application. Applicants should also be aware that some States may have specific laws or
requirements applicable to local governments proposing activities that may affect nationally
or State-eligible historic or archeological resources.
Costs of compliance with Section 106 of the National Historic Preservation Act can be
considered project costs.
Expedited or Potential-Screening Level of Resource Identification
Applicants will have provided adequate information on the structures in the project area or
detailed information and maps of the project area and surroundings so that FEMA can
undertake, in consultation with the SHPO, this first level of review for potential resources in
the project area.


Historic Structures. At a minimum, applicants must provide, for all structures to be
affected by a project: an address, a date of construction, and at least one photograph
(more photographs if possible). This information is often sufficient to determine
National Register listing or eligibility status. The information can be used by FEMA or
the SHPO to establish whether project structures are already on the National Register
list. It will also enable the SHPO and FEMA to make a quick review and
recommendation of eligibility.

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Flood Mitigation Assistance (FMA) Guidance

Page D-12

SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT (Continued)


Archeology. For projects disturbing the existing ground, the applicant should provide
detailed topographic maps (USGS topographic quadrangle maps or larger scale) showing
the exact location of the project, surrounding topography, and bodies of water. This
information, in conjunction with a description of the project that addresses the extent of
disturbance of previously undisturbed soil, may be adequate for the SHPO or other
qualified archeologist to identify the potential for resources to be present or to be
potentially affected. The locational information that is provided is used to search
databases and records for other surveys or listed sites in the immediate vicinity. Other
information such as soil maps, if readily available, will aid in a preliminary review.

Full Eligibility Research and Determination
In many circumstances more information is required (at the request of the SHPO or FEMA),
often of a technical nature, that must be gathered and evaluated by a qualified architectural
historian or archeologist.
FEMA, in consultation with the applicant, will identify a qualified professional meeting the
Secretary of the Interior’s qualifications to undertake survey work (historic structure or
archeology). FEMA often identifies the potential for resources in the project’s Area of
Potential Effects (APE) and requests that the applicant arrange for a contracted professional
to undertake this research/survey effort. This cost would be a cost-shared project cost, and
once FEMA identifies this need and contacts the applicant, the project budget should be
amended.

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Appendix E: Acquisition
Guidance

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page E-1

Guidelines for acquisition and relocation projects will be provided at a later date. In
general, policies applicable to the Hazard Mitigation Grant Program (HMGP) will also
apply to FMA projects.

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Appendix F: FMA
Application and Reporting
Forms

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page F-1

Application Module

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page F-2

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page F-3

FEMA 299/August 1997

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Page F-4

FEMA 299/August 1997

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Page F-5

FEMA 299/August 1997

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Page F-6

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page F-7
EXAMPLE
PROGRAM NARRATIVE STATEMENT
FMA PLANNING GRANT
A. OBJECTIVE AND NEED:
The State will assist communities in the development of Flood Mitigation Plans.
MT-FMA-PL: The State will develop and update Flood Mitigation Plans to assess flood
risk and identify actions to reduce flood risk.
B. RESULTS OR BENEFIT:
Selected communities will have regularly reviewed and currently updated Flood
Mitigation Plans.
C. APPROACH:
1. The State will implement a planning grant application and review process to ensure
that the following activities are completed:
a.
b.
c.
d.
e.

Solicit community planning grant applications.
Evaluate community applications based on established State priorities.
Award planning grants to selected communities.
Monitor planning process at the local level.
Review plans and forward to FEMA for approval.

2. The State will ensure that communities follow the basic flood mitigation planning
process consisting of the following activities:
a.
b.
c.
d.
e.
f.

Involve the public.
Coordinate with other agencies and organizations.
Assess the flood hazard and risk.
Establish floodplain management goals.
Develop possible mitigation actions.
Adopt plan.

D. BASIS OF EVALUATION:
The State will submit approvable Flood Mitigation Plans that comply with FEMA
standards.
E. GEOGRAPHIC LOCATION:
Selected communities within the State.

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Page F-8

EXAMPLE
PROGRAM NARRATIVE STATEMENT
FMA TECHNICAL ASSISTANCE GRANT
A. OBJECTIVE AND NEED:
The State will ensure that communities are able to submit viable, complete FMA
applications, and implement approved projects in accordance with project scope and
grant agreement.
MT-FMA-TA: The State will provide technical assistance to communities preparing
applications for FMA planning or project grants, or implementing FMA-funded
mitigation projects.
B. RESULTS AND BENEFIT:
The State will submit completed applications acceptable for funding, and successfully
implemented projects.
C. APPROACH:
The State may:
1. Assist communities in completing applications for FMA planning or project grants or
implementing FMA-funded mitigation projects.
2. Identify high flood risk communities.
3. Contact communities; inform communities of availability of FMA funding and
related technical assistance.
4. Conduct planning workshops in selected communities.
5. Provide FMA guidance information to interested communities.
6. Review environmental impacts of selected project applications.
7. Visit approved project sites to ensure smooth project implementation.
D. BASIS OF EVALUATION:
The State will ensure that applications are approved quickly with minimal requests for
additional information.
The State will ensure that approved projects are completed on schedule and in
accordance with grant agreement and scope.
E. GEOGRAPHICAL LOCATION:
Selected communities within the State.

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Page F-9
EXAMPLE
PROGRAM NARRATIVE STATEMENT
FMA PROJECT GRANT
A. OBJECTIVE AND NEED:
Repetitive flood losses will be reduced in selected communities within the State.
MT-FMA-PJ: The State will implement community flood mitigation projects that reduce
flood losses to NFIP-insurable structures.
B. RESULTS AND BENEFIT:
The State will reduce the risk of flood damage to insurable structures in selected
communities.
C. APPROACH:
1. The State will implement its project grant application and review process to ensure
that the following activities will be completed:
a.
b.
c.
d.
e.

Solicit community project grant applications.
Evaluate community applications based on established State priorities.
Conduct necessary environmental and benefit-cost analysis.
Forward applications to FEMA for review.
Award project grants to selected communities.

2. The State will also ensure that the project grant application and review process
considers the following types of eligible activities:
a.
b.
c.
d.
e.

Elevation or dry floodproofing
Acquisition
Relocation or demolition
Minor structural projects
Beach nourishment activities

3. The State will ensure selected projects will meet the following eligibility criteria:
a. Conform with FMA Plan.
b. Be located physically in an eligible community, or benefit such community
directly.
c. Be technically feasible.
d. Be cost effective.
e. Conform with applicable Federal and State regulations and executive orders.

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Page F-10

D. BASIS FOR EVALUATION:
The number of repetitive losses in selected communities will be reduced within the State.
E. GEOGRAPHIC LOCATION:
Selected communities within the State.

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Page F-11

Reporting Module

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Page F-17
EXAMPLE
PERFORMANCE REPORTING NARRATIVE
FMA PLANNING GRANT
A. OBJECTIVE AND NEED:
The State assisted six communities in the development of Flood Mitigation Plans.
MT-FMA-PL-1: The State developed and updated six Flood Mitigation Plans to assess
flood risk and identify actions to reduce flood risk.
B. RESULTS OR BENEFIT:
The State regularly reviewed and updated six Flood Mitigation Plans.
C. APPROACH:
1. The State implemented a planning grant application and review process to ensure that
the following activities were completed:
a.
b.
c.
d.
e.

Solicitation of three community planning grant applications.
Evaluation of six community applications based on established State priorities.
Awarding of planning grants to seven communities located in (town).
Monitoring of the planning process, at the local level.
Review of three Flood Mitigation Plans and forwarding to FEMA for approval.

2. The State assured that six communities followed a basic flood mitigation planning
process consisting of the following activities discussed at workshops, etc.:
a.
b.
c.
d.
e.
f.

Public involvement
Coordination with other agencies and organizations
Assessment of the flood hazard and risk
Establishment of floodplain management goals
Development of possible mitigation actions
Plan adoption

D. BASIS FOR EVALUATION:
The State submitted six approvable Flood Mitigation Plans from Communities A, B, C,
D, E, and F that comply with FEMA standards.
E. GEOGRAPHIC LOCATION:
Six planning grants were awarded to Communities A, B, C, D, E, and F.

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Page F-18

EXAMPLE
PERFORMANCE REPORT NARRATIVE
TECHNICAL ASSISTANCE GRANT
A. OBJECTIVE AND NEED:
The State ensured that twelve communities were able to submit viable FMA applications,
and helped three communities implement approved projects in accordance with project
scope and grant agreement.
MT-FMA-TA-1: The State provided technical assistance to twelve communities
preparing applications for FMA planning or project grants, and implementing three
FMA-funded mitigation projects.
B. RESULTS AND BENEFITS:
The State received twelve project and planning grant applications acceptable for funding,
and successfully implemented projects in Communities A, B, and C.
C. APPROACH:
The State assisted twelve communities in completing applications for FMA planning and
project grants, and implemented three FMA-funded mitigation projects
1. The State identified the following high flood risk communities: Community D,
Community E, and Community F.
2. The State informed three communities of FMA funding and technical assistance
opportunities through two workshops and two public meetings in Community G; two
workshops and one public meeting in Community H; and two workshops and two
public meetings in Community I.
3. The State delivered three planning workshops in Communities J, K, and L.
4. The State disseminated FMA guidance to three communities: Communities D, E, and
F.
5. The State reviewed three environmental impacts for the following project
applications: (provide community project application numbers).
6. The State visited the following three project sites: (provide community project
application numbers).

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Page F-19
D. BASIS FOR EVALUATION:
The State approved ten of twelve submitted project and planning grant applications with
minimal request for additional information. The State implemented three projects on
schedule and in accordance with grant agreement and scope.
E. GEOGRAPHICAL LOCATION:
In total, the State provided technical assistance to twelve communities: Communities A,
B, C, D, E, F, G, H, I, J, K, and L.

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Page F-20

EXAMPLE
PERFORMANCE REPORT NARRATIVE
FMA PROJECT GRANT
A. OBJECTIVE AND NEED:
The State reduced repetitive flood loss in six communities: Communities A, B, C, D, E,
and F.
MT-FMA-PJ-1: The State implemented twelve community flood mitigation projects that
will reduce flood losses to NFIP-insurable structures.
B. RESULTS AND BENEFITS:
The State reduced the risk of flood damage to two insurable structures in each of the
following six communities: Communities A, B, C, D, E, and F.
C. APPROACH:
The State approved twelve project applications (and reviewed twenty, eight of which
were declined) to ensure that they met eligibility criteria and were cost beneficial to the
NFIP fund. (Refer to attached community project applications.)
D. BASIS FOR EVALUATION:
The State reduced the number of repetitive flood losses in Community A from 6 to 4, in
Community B from 8 to 6, in Community C from 10 to 8, in Community D from 4 to 2,
in Community E from 5 to 3, and in Community F from 5 to 3.
E. GEOGRAPHIC LOCATION:
The following communities received the two project grants each: Communities A, B, C,
D, E, and F.

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Appendix G: Glossary and
List of Acronyms

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page G-1

GLOSSARY
Applicant: A State agency, community (as defined in Part 59 CFR 44), public entity,
Native American tribe, Alaskan native village, or eligible private nonprofit organization.
Average Annual Erosion Rate: The average yearly amount of erosion that has occurred,
and can be expected to continue at the same rate, at any given locality.
Beach Nourishment: For the purposes of this program, measures to facilitate the natural
dune replenishment through the planting of native dune vegetation and/or installation of
sand fencing.
Benefit-Cost Analysis: A quantitative procedure that assesses the desirability of a hazard
mitigation project by taking a long-term view of avoided future damages to insurable
structures as compared to the cost of a project. The outcome of the analysis is a
benefit-cost ratio, which demonstrates whether the net present value of benefits exceeds
the net present value of costs.
Community: 1) A political subdivision of a State or other authority, including any Native
American tribe or authorized tribal organization or Alaskan native village or authorized
native organization, that has zoning and building code jurisdiction over a particular area
having special flood hazards, and is participating in the NFIP; or (2) a political
subdivision of a State or other authority that is designated to develop and administer a
mitigation plan by political subdivisions, all of which meet the requirements of (1) above.
Comprehensive Building Code: An adopted law or ordinance whose purpose is to
provide minimum standards to safeguard life or limb, health, property, and public welfare
by regulating and controlling the design, construction, quality of materials, use and
occupancy, location ,and maintenance of all buildings and structures within a jurisdiction.
The International Conference of Building Officials (ICBO) Uniform Building Code, the
Building Code Officials and Administrators (BOCA) National Building Code, Southern
Building Code Congress International (SBCCI) Standard Building Code, Council of
American Building Officials (CABO) One and Two Family Dwelling Code, and the
International Building Code are all considered to meet this criteria.
Cost-Effectiveness: A systematic quantitative method for comparing the costs of
alternative means of achieving the same stream of benefits or a given objective. The
benefits in the context of hazard mitigation are avoided future damages and losses. Costeffectiveness is generally determined by performing a benefit-cost analysis.

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Page G-2

Insurable Structure: A walled and roofed building, other than a gas or liquid storage
tank, that is principally aboveground and affixed to a permanent site, as well as a
manufactured home on a permanent foundation. An “insurable structure” also includes a
building while in the course of construction, alteration, or repair, but does not include
building materials or supplies intended for use in such construction, alteration, or repair,
unless such materials or supplies are within an enclosed building on the premises.
Insured Structure: Structure covered by insurance under the National Flood Insurance
Program (NFIP).
Non-Federal Funds: Financial resources provided by sources other than the Federal
Government. The term does not include funds provided to a State or local government
through a Federal grant, unless the authorizing statute for that grant explicitly allows the
funds to be used as a match for other Federal grants.
Repetitive Loss: A structure covered by a contract for flood insurance under this title
that has incurred flood-related damage on two occasions during a 10-year period ending
on the date of the event for which a second claim is made, in which the cost of repair, on
average, equaled or exceeded 25 percent of the value of the of the structure at the time of
each such flood event.
State Point of Contact (POC): The State coordinator for FMA who also serves as the
grantee.
Structure: A walled and roofed building, other than a gas or liquid storage tank, that is
principally aboveground and affixed to a permanent site, as well as a manufactured home
on a permanent foundation.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its pre-damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
Technically Feasible: Term used to describe a project or action that utilizes design and
construction methods and materials that are approved, codified, recognized, falls under
standard or accepted levels of practice, or otherwise is determined to be generally
acceptable by the design and construction industry.

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Flood Mitigation Assistance (FMA) Guidance

Page G-3

LIST OF ACRONYMS
APE—Area of Potential Effects
BFE—Base Flood Elevation
BOCA—Building Code Officials and Administrators
CABO—Council of American Building Officials
CAP-SSSE—Community Assistance Program—State Support Services Element
CDBG—Community Development Block Grant
CFR—Code of Federal Regulations
COBRA—Coastal Barrier Resources Act
CRS—Community Rating System
EA—Environmental Assessment
EIS—Environmental Impact Statement
EP—Earthquake Program
FEMA—Federal Emergency Management Agency
FIPS—Federal Information Processing Standards
FIRM—Flood Insurance Rate Map
FMA—Flood Mitigation Assistance
FONSI—Finding of No Significant Impact
HMGP—Hazard Mitigation Grant Program
HP—Hurricane Program
ICBO—International Conference of Building Officials
ICC—Increased Cost of Compliance
MAP—Mitigation Assistance Program
NEMIS—National Emergency Management Information System
NEPA—National Environmental Policy Act
NFIP—National Flood Insurance Program
NFIRA—National Flood Insurance Reform Act of 1994
OMB—Office of Management and Budget
POC—[State] Point of Contact
PPA/CA—Performance Partnership Agreement/Cooperative Agreement
SBCCI—Southern Building Code Congress International
SFHA—Special Flood Hazard Area
SHMP—State Hazard Mitigation Program
SHPO—State Historic Preservation Officer
USFWS—U.S. Fish and Wildlife Service
USGS—U.S. Geological Survey

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Appendix H: Other
Applicable FEMA
Publications

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page H-1

Federal Emergency Management Agency
Hurricane Publications and Videos
December 1996

Qty.

Publication No.

Title

FEMA-247

Against the Wind (English and Spanish)

FEMA-270

Jason and Robin's Awesome Hurricane Adventure

FEMA-281

Hurricane Opal: Building Performance Assessment Report

L-105

Safety Tips for Hurricanes

L-107

Hurricane-Flood Safety Tips

L-212

Hurricane—Action Guidelines for Senior Citizens

L-213

Hurricane—Action Guidelines for School Children
Hurricane Wallet Card (English)
Hurricane Wallet Card (Spanish)

Video

Against the Wind

Video

Best Build I

Video

Best Build II

Video

Best Build III

Video

Hurricane—Prepare to Survive

Video

Hurricane—It's Not Just Another Storm

Video

Hurricane Watch—Preparing for the Uncertain

Video

Jason and Robin

Video

Stormwatch—Hurricane Preparedness for Hospitals

Totals

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance

Page H-2

Federal Emergency Management Agency
Flood Program Publications and Videos
December 1996

Item #

Publication #

3-0107

FEMA-15

Design Guidelines for Flood Damage Reduction
General information on flooding and how to properly
design and build in flood-prone areas.

8-0390

FEMA-54

Elevated Residential Structures
Proper design and construction methods for elevated
buildings.

8-0373

FEMA-55

Coastal Construction Manual
Design and construction techniques for construction in
coastal high-hazard areas.

8-0497

FEMA-85

Manufactured Home Installation in Flood Hazard Areas
How to properly install a manufactured home in a flood
hazard area with emphasis on design of elevated
foundations.

3-0125

FEMA-100

Unified National Program for Floodplain Management
A conceptual framework to guide local, State, and Federal
decisionmakers toward a balanced consideration of
alternative goals, loss-reduction strategies, and tools. (See
FEMA-248 for an update to this publication)

3-0126

FEMA-102

Floodproofing Non-Residential Structures
Describes a variety of floodproofing strategies for
commercial and industrial structures.

3-0127

FEMA-114

Design Manual for Retrofitting Flood-Prone Residential
Structures
Presents floodproofing techniques that can be used for
existing residential structures.

3-0131

FEMA-116

Reducing Losses in High-Risk Flood Hazard Areas: A
Guidebook for Local Officials
A guidebook to help local governments improve their
floodplain management programs for high-risk flood areas.

3-0142

FEMA-165

Alluvial Fans: Hazards and Management
A booklet describing flood hazards on alluvial fans and
suggested approaches to hazard management.

FEMA 299/August 1997

Publication Title

Flood Mitigation Assistance (FMA) Guidance

Page H-3

Item #

Publication #

3-0164

FEMA-213

Answers to Questions About Substantially Damaged
Buildings
Guidance on NFIP regulations governing substantially
damaged structures.

3-0178

FEMA-234

Repairing Your Flooded Home
Repair manual for homeowners on how to repair your
home after a flood.

FEMA-248

A Unified National Program for Floodplain Management
Updates the information in FEMA-100.

FEMA-257

Mitigation of Flood and Erosion Damage to Residential
Buildings in Coastal Areas
Profiles floodproof retrofitting in coastal States and
communities.

FEMA-258

Guide to Flood Maps
A "how-to" booklet for reading Flood Insurance Rate Maps
(FIRMs).

FEMA-259

Engineering Principles and Practices for Retrofitting FloodProne Residential Buildings
A comprehensive technical manual with specific guidance
on financial, engineering determination of methods, and
design practices for many floodproof retrofitting
techniques.

3-0180

FIA-22

Building Performance: Hurricane Andrew in Florida
Recommendations, observations, and solutions to building
problems incurred during Hurricane Andrew.

3-0181

FIA-23

Building Performance: Hurricane Iniki in Hawaii
Recommendations, observations, and solutions to building
problems incurred during Hurricane Iniki.

3-0183

FIA-TB-0

Technical Bulletins: User's Guide With Key Word and
Subject Index
Provides a list of available technical bulletins, a key
word/subject reference index for all the bulletins, and
information about how to obtain copies of the bulletins.

FEMA 299/August 1997

Publication Title

Flood Mitigation Assistance (FMA) Guidance

Page H-4

Item #

Publication #

3-0184

FIA-TB-1

Technical Bulletin 1: Openings in Foundation Walls
Guidance on the NFIP regulations concerning the
requirement for openings in below-Base Flood Elevation
foundation walls for buildings located in Zones A, AE, A1A30, AR, AO, and AH.

3-0185

FIA-TB-2

Technical Bulletin 2: Flood-Resistant Materials
Requirements
Guidance on the NFIP regulations concerning the required
use of flood-damage-resistant construction materials for
building components located below the Base Flood
Elevation in Special Flood Hazard Areas (both A and V
Zones).

3-0186

FIA-TB-3

Technical Bulletin 3: Non-Residential Floodproofing—
Requirements and Certification
Guidance on the NFIP regulations concerning watertight
construction and the required certification for floodproofed
non-residential buildings in Zones A, AE, A1-A30, AR, AO,
and AH whose lowest floors are below the Base Flood
Elevation.

3-0187

FIA-TB-4

Technical Bulletin 4: Elevator Installation
Guidance on the NFIP regulations concerning the
installation of elevators below the Base Flood Elevation in
Special Flood Hazard Areas (both A and V Zones).

3-0188

FIA-TB-5

Technical Bulletin 5: Free-of-Obstruction Requirements
Guidance on the NFIP regulations concerning obstructions
to floodwaters below elevated buildings and on building
sites in coastal High Hazard Areas (Zones V, VE, and V1V30).

3-0189

FIA-TB-6

Technical Bulletin 6: Below-Grade Parking Requirements
Guidance on the NFIP regulations concerning the design of
below-grade parking garages beneath buildings located in
Zones A, AE, A1-A30, AR, AO, and AH.

3-0202

FIA-TB-7

Wet Floodproofing Requirements
Guidance on the NFIP regulation concerning the design of
wet floodproofing which is not recognized for residential
homes, only for non-residential structures.

FEMA 299/August 1997

Publication Title

Flood Mitigation Assistance (FMA) Guidance

Page H-5

Item #

Publication #

3-0124

Publication Title
NFIP Regulations for Floodplain Management and Flood
Hazard Identification
44 CFR Regulations that pertain only to the Floodplain
Management Program.

3-0132

L-153

Retrofitting Flood-Prone Residential Structures (Brochure)
A companion brochure summarizing FEMA-114.

3-0174

L-197

Unified National Program for Floodplain Management
(Brochure)
A companion brochure summarizing FEMA-100.

3-0179

L-198

After a Flood: The First Steps (Brochure)
A brochure that pulls pertinent first-step information from
FEMA-234.

3-0172

FF 81-78

Residential Basement Floodproofing Certificate (7/92)
A form provided to communities that have been granted a
basement exception through FEMA Headquarters.

FF 81-31

Elevation Certificate
A form provided to communities participating in the NFIP
for proper recording of elevated buildings.

FF 81-65

Floodproofing for Non-Residential Structures
A form provided to communities participating in the NFIP
for proper recording of floodproofing non-residential
buildings.

Poster-15

Repairing Your Flooded Home (English/Spanish)
Poster for use in public buildings with English on one side
and Spanish on the other.

Videos
Best Build I

Constructing a Sound Coastal Home

Best Build II

Construction in a Riverine Floodplain

Best Build III

Protecting a Flood-Prone Home

To order publications:

FEMA Publications
PO Box 2012
Jessup, MD 20794-2012
or call 1-800-480-2520

FEMA 299/August 1997

Flood Mitigation Assistance (FMA) Guidance