[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR9.14]

[Page 98-99]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 9_FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents
 
Sec. 9.14  Disposal of Agency property.

    (a) The purpose of this section is to set forth the procedures 
whereby the Agency shall dispose of property.
    (b) Prior to its disposal by sale, lease or other means of disposal, 
property proposed to be disposed of by the Agency shall be reviewed 
according to the decision-making process set out in Sec. 9.6 of this 
part, as follows:
    (1) The property shall be evaluated in accordance with the 
provisions of Sec. 9.7 to determine if it affects or is affected by a 
floodplain or wetland;
    (2) The public shall be notified of the proposal and involved in the 
decision-making process in accordance with the provisions of Sec. 9.8;
    (3) Practicable alternatives to disposal shall be evaluated in 
accordance with the provisions of Sec. 9.9. For disposals, this 
evaluation shall focus on alternative actions (conveyance for an 
alternative use that is more consistent with the floodplain management 
and wetland protection policies set out in Sec. 9.2 than the one 
proposed, e.g., open space use for park or recreational purposes rather 
than high intensity uses), and on the ``no action'' option (retain the 
property);
    (4) Identify the potential impacts and support associated with the 
disposal of the property in accordance with Sec. 9.10;

[[Page 99]]

    (5) Identify the steps necessary to minimize, restore, preserve and 
enhance in accordance with Sec. 9.11. For disposals, this analysis 
shall address all four of these components of mitigation where 
unimproved property is involved, but shall focus on minimization through 
floodproofing and restoration of natural values where improved property 
is involved;
    (6) Reevaluate the proposal to dispose of the property in light of 
its exposure to the flood hazard and its natural values-related impacts, 
in accordance with Sec. 9.9. This analysis shall focus on whether it is 
practicable in light of the findings from Sec. Sec. 9.10 and 9.11 to 
dispose of the property, or whether it must be retained. If it is 
determined that it is practicable to dispose of the property, this 
analysis shall identify the practicable alternative that best achieves 
all of the components of the Orders' mitigation responsibility;
    (7) To the extent that it would decrease the flood hazard to lives 
and property, the Agency shall, wherever practicable, dispose of the 
properties according to the following priorities:
    (i) Properties located outside the floodplain;
    (ii) Properties located in the flood fringe; and
    (iii) Properties located in a floodway, regulatory floodway or 
coastal high hazard area.
    (8) The Agency shall prepare and provide the public with a finding 
and public explanation in accordance with Sec. 9.12.
    (9) The Agency shall ensure that the applicable mitigation 
requirements are fully implemented in accordance with Sec. 9.11.
    (c) At the time of disposal, for all disposed property, the Agency 
shall reference in the conveyance uses that are restricted under 
existing Federal, State and local floodplain management and wetland 
protection standards relating to flood hazards and floodplain and 
wetland values.