[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR209.6]



[Page 535]

 

              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.