[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: 44CFR9.17]



[Page 99-100]

 

              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. 9.17  Instructions to applicants.



    (a) Purpose. In accordance with Executive Orders 11988 and 11990, 

the Federal executive agencies must respond to a number of floodplain 

management and wetland protection responsibilities



[[Page 100]]



before carrying out any of their activities, including the provision of 

Federal financial and technical assistance. The purpose of this section 

is to put applicants for Agency assistance on notice concerning both the 

criteria that it is required to follow under the Orders, and applicants' 

responsibilities under this regulation.

    (b) Responsibilities of Applicants. Based upon the guidance provided 

by the Agency under Sec. 9.16, that guidance included in the U.S. Water 

Resources Council's Guidance for Implementing E.O. 11988, and based upon 

the provisions of the Orders and this regulation, applicants for Agency 

assistance shall recognize and reflect in their application:

    (1) The Agency's policy on floodplain management and wetlands 

protection as set out in Sec. 9.2;

    (2) The decision-making process to be used by the Agency in making 

the determination of whether to provide the requested assistance as set 

out in Sec. 9.6;

    (3) The nature of the Orders' practicability analysis as set out in 

Sec. 9.9;

    (4) The nature of the Orders' mitigation responsibilities as set out 

in Sec. 9.11;

    (5) The nature of the Orders' public and involvement process as set 

out in Sec. Sec. 9.8 and 9.12; and

    (6) The supplemental requirements for application for the lease or 

other disposal of Agency-owned properties, as set out in Sec. 9.13.

    (c) Provision of supporting information. Applicants for Agency 

assistance may be called upon to provide supporting information relative 

to the various responsibilities set out in paragraph (b) of this section 

as a prerequisite to the approval of their applications.

    (d) Approval of applications. Applications for Agency assistance 

shall be reviewed for the recognition and reflection of the provisions 

of this regulation in addition to the Agency's existing approval 

criteria.