[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR209.6]

[Page 517]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 209--SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE--Table 
of Contents
 
Sec. 209.6  Project eligibility.

    (a) Eligible types of project activities. This grant authority is 
for projects to acquire floodprone properties and demolish or relocate 
structures per Sec. 209.10(i), or to elevate floodprone structures. 
Approved projects must meet the following criteria and comply with all 
other program requirements described in this rule;
    (b) Eligibility criteria. To be eligible, projects must:
    (1) Be cost effective. The State will complete an analysis of the 
cost-effectiveness of the project, in accordance with our guidance and 
using a methodology that we approve. We will review the State's 
analysis;
    (2) Include only properties that:
    (i) For acquisition, the owner agrees to sell voluntarily;
    (ii) Are within the 100-year floodplain based on best available data 
or as identified by a FIRM or FEMA-approved Disaster Recovery Map;
    (iii) Were made uninhabitable (as certified by an appropriate State 
or local official) by the effects of a declared major disaster during 
federal fiscal years 1999 or 2000;
    (iv) For acquisition, had a pre-event fair market value of less than 
$300,000 just before the disaster event. Properties submitted for buyout 
under Pub. L. 106-113 (the original Hurricane Floyd supplemental buyout 
program) are exempt from this policy, with the limitation that in no 
case does the Federal share or offer for any such property exceed 
$225,000; and
    (v) Served as the principal residence for the owner. For multifamily 
units such as condominium buildings, all units within the structure 
should be principal residences of the owners and not sublet.
    (3) Conform with 44 CFR part 9, Floodplain Management and Protection 
of Wetlands; 44 CFR part 10, Environmental Considerations; and any 
applicable environmental and historic preservation laws and regulations.
    (c) For acquisition projects, an owner who is not a United States 
citizen or qualified alien may receive current fair market value for his 
or her property. He or she may not receive additional amounts for pre-
event fair market value.
    (d) Funds available under Pub. L. 106-113 (the original Floyd 
supplemental appropriation) are limited to use for acquisition purposes 
only.