[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: 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.