[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: 44CFR209.8]



[Page 535-537]

 

              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. 209.8  Application and review process.



    (a) General. This section describes the procedures to be used by the 

State in submitting an application for funding under the Supplemental 

Property Acquisition and Elevation Assistance program. Under this 

program, the State is the grantee and is responsible for processing 

subgrants to applicants in accordance with 44 CFR part 13 and this part.



[[Page 536]]



    (b) Timeframes. We will establish deadlines for States to submit 

applications, and States will set local application deadlines. States 

may begin forwarding applications to us immediately upon Notice of 

Availability of Funds and must forward all applications not later than 

the date set by the Regional Director. States must provide to us the 

information described below in paragraph (c) of this section for each 

property proposed for acquisition or elevation in support of the 

supplemental allocation requested and within the timeframe that we 

establish. We will verify project eligibility estimates provided by 

States in order to assure that all projects meet the criteria for the 

supplemental grant awards. We will perform an independent verification 

of this information for not less than 50 percent of the properties 

submitted.

    (c) Format. The State will forward its application to the Regional 

Director. The Application will include: a Standard Form (SF) 424, 

Application for Federal Assistance; FEMA form 20-15, Budget 

Information--Construction Programs; Project Narrative (section 

209.8(c)--community project applications (buyout plans) selected by the 

State); FEMA form 20-16, 20-16b and 20-16c Assurances and 

Certifications; Standard Form LLL, Disclosure of Lobbying Activities; 

FEMA form 20-10, Financial Status Report; the Performance/Progress 

Report format; and the State's certification that the State has reviewed 

all applications and that they meet program eligibility criteria. The 

Project Narrative (community project applications) will include:

    (1) Community applicant information, including contact names and 

numbers;

    (2) Description of the problem addressed by the proposed project;

    (3) Description of the applicant's decision-making process, 

including alternatives considered;

    (4) Project description, including property locations/addresses and 

scope of activities;

    (5) Project cost estimate and match source;

    (6) For acquisition projects, open space use description and 

maintenance assurance;

    (7) Risk and cost-effectiveness information, or State's benefit-cost 

analysis;

    (8) Environmental and historic preservation information including

    (i) Whether the property is now or ever has been used for commercial 

or industrial purposes, and

    (ii) Any information regarding historic preservation that is readily 

available;

    (9) Attachments for each property as follows:

    (i) A photograph of the structure from the street;

    (ii) Owner's name;

    (iii) Complete address, including zip code;

    (iv) Latitude and longitude;

    (v) The date of construction;

    (vi) Proximity to the 100-year floodplain;

    (vii) Panel and date of the applicable Flood Insurance Rate Map, if 

any;

    (viii) The elevation of the first habitable floor and an estimate of 

the depth of flooding in the structure;

    (ix) The estimated pre-event fair market value of the home. 

Applicants will estimate the value of properties using the best 

available information, such as inspections, public records and market 

values of similar properties in similar neighborhoods to arrive at a 

pre-event fair market value that reflects what a willing buyer would 

have paid a willing seller had the disaster not occurred. If tax 

assessment data are used as the basis, the applicant should add the 

relevant adjustment percentage for that jurisdiction to adjust the tax 

assessment to the current fair market value. These adjustment data 

should be obtained from the jurisdiction's tax assessor's office. For 

any jurisdictions where the adjustment factor is over 25 percent, 

applicants should include a justification for the high adjustment 

factor. Applicants should not include any other project costs in the 

property values. These costs will be reflected elsewhere;

    (x) Indication whether flood insurance was in force at the time of 

the loss, and policy number, if available.

    (xi) Indications that the property will meet the definition of 

uninhabitable:



[[Page 537]]



    (A) Substantial damage determination, and name and title of 

determining official, or if not yet determined then:

    (1) For manufactured homes (mobile homes), inundation of 1 foot or 

more of water above the first habitable floor or other evidence of 

substantial damage; or

    (2) For permanent structures other than manufactured homes, 

inundation of 5 feet or more of water above the first above-ground 

habitable floor or other evidence of substantial damage. Habitable 

floors do not include basements.

    (B) Were red- or yellow-tagged and declared uninhabitable due to 

environmental contamination by floodwaters, or otherwise determined to 

be uninhabitable by a State or local official under current codes or 

ordinances; or

    (C) Were demolished due to damage or environmental contamination by 

floodwaters.

    (xii) Information regarding whether the structure is on the NFIP 

repetitive loss list (provide NFIP Repetitive Loss Property Locator 

Number, if available); and

    (xiii) Observations on whether acquisition or elevation of the 

structure may result in a mixture of vacant lots and lots with 

structures remaining on them; and

    (10) FEMA review and approval. We will review and verify the State's 

eligibility determination and either approve, deny, or request 

additional information within 60 days. The Regional Director may extend 

this timeframe if complicated issues arise. We have final approval 

authority for funding of all projects.



(Approved under OMB control number 3067-0279).



[66 FR 32669, June 15, 2001; 66 FR 49554, Sept. 28, 2001]