ESBD_487724_1770386166927_Exhibit J.8 - State of Texas Administrative Plan for Hazard Mitigation.pdf

STATE OF TEXAS

ADMINISTRATIVE

PLAN

H A Z A R D M I T I G A T I O N

2 0 2 5

Approving Authority Title: State of Texas Administrative Plan for Hazard Mitigation

Effective Date: January 1, 2025

TDEM Chief:

Signature Date

Revisions

Rev. 1: Overall language revisions to improve clarity throughout the SAP.

Rev. 2: Superficial changes to update dates and titles.

Rev. 3: Updated previous versions of HMA Guidance to Hazard Mitigation Assistance Program and Policy Guide throughout.

Rev. 4: Replaced reference to District Coordinator(s) to District Chief(s).

Rev. 5: Included the position Hazard Mitigation Specialist under Hazard Mitigation Personnel.

Rev. 6: Updated mention of the current adopted state Hazard Mitigation plan.

Rev. 7: Specified Local Hazard Mitigation Planning Workshop attendance requirements.

Rev. 8: Inclusion of updates to 2 CFR § 200.322 and 184 regarding Build America, Buy America

Act; 2 CFR § 200.215 and 183 regarding Never contract with the enemy; and 2 CFR §

200.217 regarding Whistleblower protections.

Rev. 9: Inclusion of language related to documentation requirements for requests for reimbursement.

Rev. 10: Inclusion of language related to TDEM travel policy in compliance with 2 CFR § 200.475.

Rev. 11: Language added to align with continuous monitoring procedures for subrecipients.

Rev. 12: Updated 2 CFR and 44 CFR references throughout.

Rev. 13: Updated organizational chart.

The State Administrative Plan, prepared by the Texas Division of Emergency Management provides citations of the laws, regulations, and policies that state procedures must comply with to meet federal program and grant administrative requirements.

Table of Contents

PURPOSE, AUDIENCE AND AUTHORITY

PURPOSE

AUDIENCE

STATE AUTHORITIES

FEDERAL AUTHORITIES

ACRONYMS AND DEFINITIONS

ORGANIZATION & ASSIGNMENT OF RESPONSIBILITIES

ORGANIZATION

ASSIGNMENT OF RESPONSIBILITIES

ADMINISTRATION

HAZARD MITIGATION PERSONNEL

STATE HAZARD MITIGATION SUBCOMMITTEE ................................ ERROR! BOOKMARK NOT DEFINED.

HMGP OPERATIONS

PRE-DECLARATION ACTIVITIES

POST DECLARATION ACTIVITIES

HMGP ADMINISTRATION AND FUNDING REQUIREMENTS

RECORDS AND REPORTS

MANAGEMENT COSTS

DEVELOPMENT AND MAINTENANCE

SPECIAL CIRCUMSTANCES

ORGANIZATIONAL CHART

State of Texas Hazard Mitigation State Administrative Plan 1

Purpose, Audience and Authority Purpose

The purpose of this plan is to establish the organization, staffing, and policies and procedures used by the state of Texas for the administration of the Hazard Mitigation Grant Program (HMGP). It also outlines how the state will meet all-hazards mitigation planning requirements.

The HMGP was created in November 1988 by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The HMGP assists the state and its local governments in implementing long-term hazard mitigation measures following a major disaster declaration. In December 1993, President Bill Clinton signed the Hazard Mitigation and Relocation Assistance Act that amends Section 404 to increase federal funding of HMGP projects to 75 percent of a project’s total eligible costs. The HMGP funding base was amended to 15 percent of the projected obligated grants made under the Stafford Act Disaster Assistance Programs. In 1997, Section 404 was amended so that HMGP funds are now available in all counties within an affected state following a major disaster declaration by the president. The objectives of the HMGP are as follows:

(a) To prevent future loss of life and property damage from disasters;

(b) To implement state and local all-hazards mitigation plans;

(c) To enable mitigation measures to be implemented during recovery from a disaster; and

(d) To provide funding for previously identified mitigation measures.

The state of Texas assures FEMA that it shall comply with all applicable federal statutes and regulations in effect with respect to the period for which it receives HMGP funding. The state of Texas acknowledges that funding is conditional upon the state’s compliance with all terms and conditions of the FEMA-State Agreement and all applicable federal laws, rules, and regulations.

Any revisions to this plan will be submitted to FEMA for approval of the Region VI Administrator.

Audience Federal Emergency Management Agency (FEMA) Texas Division of Emergency Management (TDEM)1

State Authorities Texas Disaster Act of 1975, as amended Executive Orders of the Governor Uniform Grant and Contract Management Act (Texas Government Code, Chapter 783) State of Texas Hazard Mitigation Plan

1 Designated as the State Agency having responsibility for program administration (44 CFR § 206.437(b)(1))

Eduardo Balderas Shouldn't the reference be 206.437(b)(1)?

State of Texas Hazard Mitigation State Administrative Plan 2

Federal Authorities Public Law 93-288, as amended (Stafford Act) Disaster Mitigation Act of 2000 Disaster Recovery Reform Act of 2018 44 CFR, Part 201, Mitigation Planning 44 CFR, Part 206, Subpart M, Minimum Standards 44 CFR, Part 206, Subpart N, Hazard Mitigation Grant Program 44 CFR Part 80, Property Acquisition and Relocation for Open Space Executive Order 11988, Floodplain Management Executive Order 11990, Protection of Wetlands Executive Order 12372, Intergovernmental Review of Programs and Activities Executive Order 12549, Debarment and Suspension Executive Order 12612, Federalism Executive Order 12699, Seismic Design Executive Order 12898, Environmental Justice Coastal Barrier Resources Act, Public Law 97-348 Solid Waste Disposal Act, Section 6002 Single Audit Act, Public Law 98-502 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards Sandy Recovery Improvement Act publications Disaster Recovery Reform Act of 2018 54 U.S.C. § 100101, National Historic Preservation Act 16 U.S.C. § 1531, Endangered Species Act References FEMA program publications, guidance, and policies FEMA-State Agreements

State of Texas Hazard Mitigation State Administrative Plan 3

Acronyms and Definitions Act: For the purpose of the HMGP this term refers to PL 93-288, the Disaster Relief Act of 1974 as amended by PL 100-707, the Robert T. Stafford Disaster Relief and Emergency Assistance Act and as further amended by the Hazard Mitigation and Relocation Assistance Act of 1993.

Advance Assistance: Allows advancing up to 25 percent of the HMGP ceiling or $10 million, whichever is less, to provide states and tribes resources to develop mitigation strategies and obtain data to assist in prioritizing, selecting, and developing complete HMGP subapplications by the application deadline.

The state may request Advance Assistance by submitting an HMGP application to the Regional Mitigation Division Director identifying the proposed use of the funds, including detailed costs for each proposed activity and milestones for submitting completed HMGP subapplications to FEMA. Advance Assistance is subject to the HMGP cost-share requirement and is part of the HMGP ceiling amount.

Advance Payment: A payment that a federal awarding agency or pass-through entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the subrecipient disburses the funds for program purposes.

Applicant: A state, local, tribal nation government, other legal entity, or certain private non-profit organizations that receive a subgrant award and which is accountable to the grantee for the use of the funds provided. The applicant, once awarded, is also referred to as the subgrantee or subrecipient.

Application: Means the initial request for HMGP funding to be submitted to FEMA by the state (as outlined in 44 CFR § 206.436).

Assistance Listing Number: Formerly known as Catalog of Federal Domestic Assistance (CFDA); the number assigned to a federal program.

Assistance Listing Title: Title of the program under which the federal award is funded.

Audit Finding: Deficiencies noted by an auditor, as required by 2 CFR § 200.516 Audit findings, paragraph (a) to report in the schedule of findings and questioned costs.

Auditee: Any non-federal entity that expends federal awards funds requiring an audit in accordance with 2 CFR 200, Subpart F—Audit Requirements.

Auditor: A public accountant or a federal, state, local government, or tribal nation audit organization, which meets the general standards specified for external auditors in Generally Accepted Government Auditing Standards (GAGAS). The term auditor does not include internal auditors of nonprofit organizations.

Base Flood: Means the flood having a 1 percent chance of being equaled or exceeded in any given year; also referred to as the 100-year flood.

State of Texas Hazard Mitigation State Administrative Plan 4

Benefit-Cost Analysis (BCA): An analysis to demonstrate that a project is cost-effective and will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur. Costs and benefits are computed on a net present value basis.

Benefit-Cost Ratio (BCR): The ratio derived from the Benefit-Cost Analysis in which net present benefits are divided by net present costs for the project. The project is cost effective if the BCR is greater than 1:1.

Building Resilient Infrastructure and Communities Program (BRIC): The program that supports states, local communities, tribal governments, and territories as they undertake hazard mitigation projects, reducing the risks they face from disasters and natural hazards. This replaces the existing Pre-Disaster Mitigation program.

Building: A structure with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site; a manufactured home; or a mobile home without wheels. Building does not mean a gas or liquid storage tank or a recreational vehicle, park trailer, or other similar vehicle.

Categorical Exclusion (CATEX): The categories of actions that normally would not require an Environmental Impact Statement or Environmental Assessment. FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01, Rev. 1 identifies the categorical exclusion of actions that have no significant effect on the human environment.

Closeout: The process in which the federal awarding agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and acts as described in 2 CFR § 200.344 Closeout.

Contractor: Any individual, partnership, corporation, agency, or other entity (other than an organization engaged in the business of insurance) performing work by contract for the federal government or a state or local agency.

Cost-Effectiveness: Determination by a systematic quantitative method for comparing the costs of alternative means of achieving the same stream of benefits for a given objective. The benefits in the context of hazard mitigation are avoided future damage and losses. Cost-effectiveness is determined by performing a BCA.

Corrective Action: Action taken by the auditee that:

(a) Corrects identified deficiencies;

(b) Produces recommended improvements; or

(c) Demonstrates that audit findings are either invalid or do not warrant auditee action.

Cost Sharing: The portion of project costs not paid by federal funds (unless otherwise authorized by federal statute). This term includes matching, which refers to the required levels of cost share that must be provided. See also 2 CFR § 200.306 Cost sharing.

Critical Services: Private non-profit critical services including power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, educational, communications, emergency medical care and fire/rescue service.

State of Texas Hazard Mitigation State Administrative Plan 5

Designated Area: Means any emergency or major disaster-affected portion of a state that has been determined eligible for federal assistance.

Disallowed Costs: Charges to a federal award that the federal awarding agency or pass-through entity determines to be unallowable in accordance with the applicable federal statutes, regulations, or the terms and conditions of the federal award.

Disaster District Committee (DDC): A geographically based emergency operation committee chaired by local TDEM commanding officers. The committee consists of representatives from geographically based state agencies, boards, commissions, and organized volunteer groups.

The purpose is to coordinate response activities and assets, and to support statewide disaster events.

Disaster Mitigation Act of 2000 (DMA2K): The Act that created all-hazards mitigation planning requirements for states and local communities as a condition for receiving federal disaster assistance. It also created the Pre-Disaster Mitigation program.

Disaster Specific Administrative Plan (DSAP): The DSAP describes additional specific details for managing a specific disaster by TDEM, in accordance with 44 CFR § 206.207(b)(3).

Emergency: Means any occasion or instance for which, by the determination of the President, federal assistance is needed to supplement state and local efforts and capabilities to save lives, to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.

Environmental Assessment (EA): An assessment prepared when a project does not qualify for a categorical exclusion and serves to determine whether an Environmental Impact Statement is needed.

Environmental Benefits: Direct or indirect contributions that ecosystems make to the environment and human populations. For FEMA BCA, certain types of environmental benefits may be realized when homes are removed, and land is returned to open space uses. Benefits may include flood hazard reduction; an increase in recreation and tourism; enhanced aesthetic value; and improved erosion control, air quality, and water filtration.

Environmental Impact Statement (EIS): A report prepared for all actions significantly affecting the environment.

Federal Award: The federal financial assistance that a non-federal entity receives directly from FEMA, indirectly from a pass-through entity or instrument such as the FEMA-State Agreement, cooperative agreement, or other agreement setting forth the terms and conditions of the financial assistance.

Federal Award Date: The date when the federal award is signed by the authorized official of the federal awarding agency.

Federal Award Identification Number (FAIN): A unique Federal Award Identification Number.

State of Texas Hazard Mitigation State Administrative Plan 6

Federal Coordinating Officer (FCO): The person appointed by the president of the United States to coordinate federal assistance in an emergency or disaster declaration.

Federal Emergency Management Agency (FEMA): The federal agency responsible for coordinating federal disaster recovery efforts. The term used in this plan when referring to the Regional Administrator, or the Disaster Recovery Director, of FEMA Region VI.

Federal Funding Accountability and Transparency Act (FFATA): Federal Subaward Reporting System (FSRS) is the reporting tool federal prime awardees (i.e., prime contractors and prime grants recipients) use to capture and report sub-award and executive compensation data regarding its first-tier sub-awards to meet the FFATA reporting requirements.

Federal Information Processing Standard (FIPS): A unique identification number assigned to every subrecipient of federal funds. It is used, both by FEMA and TDEM, in identifying specific applicants.

FEMA Grants Outcomes (FEMA GO): FEMA Grants Outcomes (FEMA GO) is the grants management system that supports FEMA grants programs. The system allows users to apply, track and manage all disaster and non-disaster grants. FEMA GO is continually being developed by the Grants Management Modernization (GMM) initiative, which is consolidating existing grant programs into one system.

FEMA-State Agreement: A formal legal document between FEMA and the affected state stating the understandings, commitments, terms, and conditions for assistance resulting from a federal disaster or emergency declared by the president. The FEMA Regional Administrator and the governor each sign the document.

Federal Subaward Reporting System (FSRS): The reporting tool federal prime awardees (i.e., prime contractors and prime grants recipients) use to capture and report sub-award and executive compensation data regarding their first-tier sub-awards to meet the FFATA reporting requirements.

Finding of No Significant Impact (FONSI): A determination that an action will have no significant impact on the environment.

Flood Insurance Rate Map (FIRM): The official map of a community on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood Mitigation Assistance (FMA): A pre-disaster grant program that provides assistance to state and local governments for developing flood hazard mitigation plans, implementing flood hazard mitigation projects, and providing technical assistance in reducing or eliminating flood hazards for structures insurable under the NFIP and to address repetitive loss claims.

Floodplain: Any land area that FEMA has determined has at least a one percent chance in any given year of being inundated by floodwaters from any source.

State of Texas Hazard Mitigation State Administrative Plan 7

GAAP: Generally Accepted Accounting Principles as specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).

GAGAS: Generally Accepted Government Auditing Standards, also referred to as the Yellow Book These auditing standards are issued by the Comptroller General of the United States, which are applicable to financial and performance audits.

Governor’s Authorized Representative (GAR): Empowered to execute on behalf of the state all necessary documents for disaster assistance, including approval of subgrants for the Hazard Mitigation Grant Program. Alternative GARs (Alt-GAR) may be designated as well and are similarly empowered.

Grant Management System (GMS): The grant management system used by TDEM to manage disaster grants, their associated subgrants and subawards. It is a cloud-based system that allows TDEM to monitor grants, subrecipients, projects, and all activities related to the subrecipient and their projects. The subrecipients will utilize the system to apply for their grants, request payments, request project scope changes, and to have full visibility of their subgrants.

FEMA will be able to access GMS as well to view project details, transfer files, and to conduct monitoring via desk audits.

Grant Agreement: A legal instrument of financial assistance between a federal awarding agency or pass-through entity and a non-federal entity that is consistent with 31 U.S.C. 6302, 6304 and is used to enter into a relationship for which the principal purpose is to transfer anything of value from the federal awarding agency or pass-through entity to the non-federal entity; to carry out a public purpose authorized by a law of the United States (see 31 U.S.C.

6101(3)); and not to acquire property or services for the federal awarding agency or pass-through entity's direct benefit or use. It is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the federal awarding agency or pass-through entity and the non-federal entity in carrying out the activity contemplated by the federal award. Does not include an agreement that provides only:

(a) Direct United States Government cash assistance to an individual;

(b) A subsidy;

(c) A loan;

(d) A loan guarantee; or

(e) Insurance.

Grantee: The government entity to which a grant is awarded and is accountable for use of the funds provided. In the state of Texas, the Texas Division of Emergency Management (TDEM) serves as the grantee. The grantee is also referred to as the recipient and the pass-through entity, and it is considered a non-federal entity.

Hazard Mitigation: Any sustained action taken to reduce or eliminate the long-term risk to human life and property from hazards.

404 Mitigation Cost-effective mitigation measures undertaken by a community through the HMGP (Hazard Mitigation Grant Program). These measures are different than those authorized under

State of Texas Hazard Mitigation State Administrative Plan 8 section 406 of the Stafford Act. In the HMGP, measures are proposed that may involve facilities other than those damaged by the disaster, new facilities, or even non-structural measures such as development of floodplain management regulations.

406 Mitigation Mitigation measures undertaken through FEMA’s Public Assistance (PA) Program awards to repair, restore, or replace damaged facilities belonging to public and private nonprofit entities. Section 406 is applied on the parts of the facility that were damaged by the disaster and the mitigation measure directly reduces the potential of future, similar disaster damages to the eligible facility. They are different from mitigation measures that are considered for eligibility under the HMGP of Section 404 of the Stafford Act.

Hazard Mitigation Grant Program (HMGP): The program authorized under Section 404 of the Stafford Act to provide funding for certain mitigation measures that are in conformance with the State Hazard Mitigation Plan.

Hazard Mitigation Planning: A process used by governments to identify risks, assess vulnerabilities, and develop long-term strategies for protecting people and property from the effects of future natural hazard events.

Hazard Mitigation Strategy: A report developed by the State Hazard Mitigation Officer (SHMO), the Federal Hazard Mitigation Officer (FHMO), FEMA National Flood Insurance Program (NFIP) personnel, and the Texas Water Development Board (TWDB) after a Presidential Disaster Declaration is issued. This report will identify mitigation opportunities and issues to be addressed for the declaration.

Improper payment: Any payment made that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; any payment to an ineligible party; any payment for an ineligible good or service; any duplicate payment; any payment for a good or service not received (except for such payments where authorized by law); any payment that does not account for credit for applicable discounts; and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was properly made.

As described by the Improper Payment Elimination and Improvement Recovery Act (IPERIA).

Joint Field Office (JFO): A temporary facility established following a presidentially declared disaster to serve as the field headquarters for FEMA and TDEM recovery personnel and as the focal point for disaster operation, direction, coordination, and information.

Local Mitigation Action Plan (MAP): A local mitigation action plan approved by FEMA that meets the requirements specified under 44 CFR Section 201.

Local Government: Any county, city, village, town, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under state law), regional or intrastate government entity, or agency or instrumentality of a local government; any tribal nation or authorized tribal organization or organization that is not a federally-recognized tribe; and any rural community, unincorporated town or village, or other public entity for which an application for assistance is made by the state or a political subdivision thereof.

State of Texas Hazard Mitigation State Administrative Plan 9

Management Costs: Any indirect costs, any direct administrative costs, and any other administrative expenses associated with a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.

Management Decision: The evaluation by the federal awarding agency or pass-through entity of the audit findings and corrective action plan and the issuance of a written decision to the auditee as to what corrective action is necessary.

Market Value: The amount of cash, or terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the evaluation after a reasonable exposure time on the open competitive market from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under the any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the valuation.

Mitigation Measure: Any mitigation measure, project, or action proposed to reduce the risk of future damage, hardship, loss or suffering from disasters.

National Environmental Policy Act (NEPA): The act requiring that actions affecting the environment comply with specific policies and procedures.

National Flood Insurance Program (NFIP): The program authorized by 42 U.S.C. § 4001- 4128 which provides the availability of flood insurance in exchange for the adoption of minimum local floodplain management ordinances that regulate development in the special flood hazard area.

Non-Federal Cost Share: The portion of the costs of a federally assisted project or program not borne by the federal government.

Non-Federal Entity: A state, local government, tribal nation, institution of higher education (IHE), or nonprofit organization that carries out a federal award as a recipient or subrecipient.

Pass-Through Entity: A non-federal entity that provides a subgrant to a subrecipient to carry out part of a federal program. Also referred to as the recipient or the State.

Payment Management System (PMS): The Payment Management System (PMS), owned by the US Department of Health and Human Services, offers awarding agency and grant recipients with cash management services, centralized payment services, personal grant accounting support, and Financial Reporting Support. PMS may be called colloquially SmartLink.

Performance Goal: A targeted level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate.

Period of Performance (POP): The time during which the non-federal entity may incur new obligations to carry out the work authorized under the Federal award. The federal awarding agency or pass-through entity must include start and end dates of the period of performance in the federal award (see 2 CFR § 200.211(b)(5) and 2 CFR § 200.332(b)(1)(v)).

State of Texas Hazard Mitigation State Administrative Plan 10

Post-FIRM: Describes a building for which construction or substantial improvement occurred after December 31, 1974, or on or after the effective date of an initial FIRM, whichever is later.

Pre-FIRM: Describes a building for which construction or substantial improvement occurred before December 31, 1974, or before the effective date of an initial FIRM.

Preliminary Damage Assessment (PDA): A joint federal/state assessment effort conducted within three to five days of a disaster to refine, or correct, previous damages estimates for both the public and private sectors and used in the governor’s decision on whether or not a federal disaster assistance request is in order, as the figures from PDA(s) are then utilized to substantiate any such request.

Private Nonprofit Facility: Any non-governmental agency or entity that currently has

(a) an effective ruling letter from the Internal Revenue Service granting tax exemption under section 501(c), (d), or (e) of the Internal Revenue Code of 1954; or

(b) satisfactory evidence from the state that the organization or entity is a nonprofit organized or doing business under state law.

Program Income: Gross income earned by the non-federal entity that is directly generated by a supported activity or earned as a result of the federal award during the subrecipient period of performance except as provided in 2 CFR § 200.307(e). (See 2 CFR § 200.1 Period of performance.)

Program income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under federal awards, the sale of commodities or items fabricated under a federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with federal award funds. Interest earned on advances of federal funds is not program income. Except as otherwise provided in federal statutes, regulations, or the terms and conditions of the federal award, program income does not include rebates, credits, discounts, and interest earned on any of them. See also 2 CFR § 200.407 Prior written approval (prior approval). See also 35 U.S.C. § 200-212 “Disposition of Rights in Educational Awards,” applicable to inventions made under federal awards.

Project Cost: Total allowable costs incurred under a federal award and all required cost sharing and voluntary committed cost sharing, including third-party contributions.

Project Application: A form used to record the eligible scope of work, quantitative cost estimate, project timeline, and other pertinent project information.

Public Entity: An organization formed for a public purpose whose direction and funding are provided by one or more political subdivisions of the state.

Public Facility: The following facilities owned by the state or local government:

(a) a flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility;

(b) any non-federal aid street, road, or highway; and any other public building, structure, or system, including those for educational, recreational, or cultural purposes; or

(c) any park.

This section is “Income after the period of performance.” Should 200.307(e), “Not considered program income,” be used?

State of Texas Hazard Mitigation State Administrative Plan 11

Purchase Offer: The initial value assigned to a property, which is later adjusted by applicable additions and deductions, resulting in a final offer amount to a property owner.

Qualified Alien: An alien who at the time the alien applies for, receives, or attempts to receive a Federal public benefit meets criteria in 8 U.S.C. § 1641.

Qualified Conservation Organization: An organization with a conservation purpose pursuant to 26 CFR § 1.170A-14 and applicable implementing regulations. It must be such an organization at the time it acquires the property interest and that was such an organization at the time of the major disaster declaration or at least two years prior to the opening of the grant application period for the purposes of the HMGP program.

Questioned Cost: Cost that is questioned by the auditor because of an audit finding:

(a) Which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a federal award, including for funds used to match federal funds;

(b) Where the costs, at the time of the audit, are not supported by adequate documentation;

or

(c) Where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances.

Questioned costs are not an improper payment until reviewed and confirmed to be improper as defined in OMB Circular A-123 appendix C.

Recipient: The government to which an award is made and is accountable for the use of the funds provided. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. For purposes of this regulation, the state of Texas is the recipient.

Regional Administrator: The director of a FEMA Regional Office, or his/her designated representative. As used in this Plan, Regional Administrator also means the Federal Coordinating Officer (FCO) who has been appointed to exercise the authority of the Regional Administrator for a particular emergency or major disaster.

Request for Information (RFI): A progressive informal and formal process by which to obtain additional information from subrecipients to properly monitor projects and render decisions from subrecipient and FEMA requests.

Special Flood Hazard Area (SFHA): An area having special flood, mudslide, and/or flood-related erosion hazards, as shown on the hazard identification maps published by the NFIP.

Stafford Act: Refers to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, PL 100-707, signed into law November 23, 1988, which amended the Disaster Relief Act of 1974, PL 93-288, and which was further amended in 1993 by the Hazard Mitigation and Relocation Assistance Act.

Standard Form 424 (SF-424): The Application for Federal Assistance to be included as part of the State Hazard Mitigation Application.

State of Texas Hazard Mitigation State Administrative Plan 12

Standard Flood Insurance Policy: The flood insurance policy issued by the Federal Insurance Administrator (FOA) or an insurer pursuant to an arrangement with the Administrator pursuant to federal statutes and regulations, known as a write-your-own (WYO) company.

Standards: Codes, specifications, or standards for the construction of facilities.

State Coordinating Officer (SCO): The person appointed to act in cooperation with the FCO to manage disaster recovery efforts.

State Financial Management Officer (SFMO): The representative of the state government who is responsible for managing the HMGP accounts, processing payment requests, developing financial procedures, and maintaining financial records.

State Hazard Mitigation Officer (SHMO): The representative of the state government who is the primary point of contact with FEMA, other state and federal agencies, and local units of government in the planning and implementation of pre- and post-disaster mitigation programs and activities required under the Stafford Act.

State Hazard Mitigation Plan: A requirement of DMA2K and is the state plan that includes a systematic evaluation of the nature and extent of vulnerability to the effects of natural hazards and identifies the actions needed to minimize future vulnerability to said hazards. The plan further delineates state agency responsibilities, both pre- and post-disaster, in implementing the State Hazard Mitigation Program. This plan is approved under 44 CFR part 201, as a condition of receiving Stafford Act Assistance as outlined in 201.4. This plan is reviewed and revised every five years. If it is warranted and time permits, it will also be revised after each presidentially declared disaster.

Strategic Funds Management: Strategic Funds Management (SFM) is FEMA’s process for obligating funding based on the applicant’s schedule to execute the work. If theproject cost is greater than $1 million and the applicant does not need funds for more than 180 days from the time the project is ready for obligation, FEMA obligates funds based on the project completion schedule.

Subapplicant: The entity, such as a community/local government, federally recognized tribe, or private nonprofit that submits a subapplication to the applicant for FEMA assistance. Once funding is awarded, the subapplicant becomes the “subrecipient.”

Subaward: Subawards are the individual projects associated with a specific subrecipient and their subgrant agreement with TDEM. Any modifications to existing projects are considered amendments to the subgrant agreement and will require notification only.

Subgrant: A portion of a grant or award that is distributed to a third party (subrecipient) by the recipient (pass-through entity) of the original award to conduct project work in compliance with the grantee’s terms and conditions. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subgrant may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Isn't the $1M amount for the federal share and not the entire project cost for an HMA activity? Also, I would recommend removing "permanent work" from the definition. Maybe "a permanent work project cost" can be replaced with "an HMA activity federal share."

State of Texas Hazard Mitigation State Administrative Plan 13

Subrecipient: A state or local government or other legal entity, which receives an award (subgrant) and is accountable to the grantee for the use of funds provided. The subrecipient is responsible for the non-federal portion of its PA grant.

Other definitions may be found in 2 CFR § 200.1.

State of Texas Hazard Mitigation State Administrative Plan 14

Organization & Assignment of Responsibilities

Organization The governor of the state of Texas has designated TDEM as the state office responsible for managing and administering the Hazard Mitigation Grant Program in accordance with 44 CFR §

206.41. These responsibilities include, but are not limited to:

(a) Monitors and assures state compliance with the FEMA-State Agreement;

(b) Submit the Application for Federal Assistance (SF-424);

(c) Comply with federal and state programs and grant administrative requirements;

(d) Define the chain of command and specific responsibilities for the Alt-GAR(s), SCO(s) and SHMO in each disaster declared establishing the direction and control of the state operations including operations at the JFO;

(e) Notify potential subrecipients of the availability of assistance;

(f) Conduct Applicant Briefings;

(g) Facilitate HMGP Project Kick-off Meetings;

(h) Assist FEMA in determining project and applicant eligibility;

(i) Assist the subrecipient(s) in identifying areas for hazard mitigation;

(j) Process requests for appeals, time extensions, advances, and reimbursements;

(k) Forward requests with the state’s recommendation to FEMA on appeals, scope of work/cost changes, and cost-overruns;

(l) Comply with administrative requirements of 2 CFR Parts 200 and 3002, 44 CFR Part

206, and Audit Requirements of 2 CFR Parts 200 and 3002;

(m) Review and certify project completion information;

(n) Conduct quarterly reviews, site inspections and grant compliance reviews, as required ensuring program compliance;

(o) Determine budget and staffing requirements necessary for proper program management.

State of Texas Hazard Mitigation State Administrative Plan 15

Assignment of Responsibilities Governor’s Authorized Representative (GAR) The person designated by the governor to execute all necessary documents for disaster assistance programs on behalf of the state and local grant recipients. The GAR is responsible for ensuring state compliance with the FEMA-State Agreement to include evaluating and monitoring compliance with statutes, regulations, and terms and conditions of Federal awards including the provisions of the 2 CFR parts 25 and part 170 and the Federal Funding Accountability and Transparency Act (FFATA). The GAR may also be designated as the State Coordinating Officer. Alternate GARs are appointed as necessary to fulfill the duties of the GAR in his place.

Governor’s Authorized Representatives:

Chief of TDEM

Alternate Governor’s Authorized Representatives:

Deputy Chief Chief Financial Officer

State Coordinating Officer The person designated by the governor to coordinate state and local disaster assistance efforts with the federal government is the State Coordinating Officer (SCO). Alternate or Deputy State Coordinating Officers are appointed as necessary to fulfill the duties of the SCO in his place.

The State Coordinating Officer (SCO):

Chief of TDEM

Alternative State Coordinating Officer:

Chief Financial Officer Division Chief, Recovery, Disaster Finance & State Disaster Reimbursement Division Chief, Hazard Mitigation

The GAR will supervise/monitor the activities of the State Hazard Mitigation Officer (SHMO) as they relate to the implementation of the HMGP and this plan.

State Hazard Mitigation Officer (SHMO)

The SHMO is the person designated by the GAR to manage all hazard mitigation matters related to the declaration to include administration of the HMGP. The SHMO is responsible for the following:

(a) Updating the Administrative Plan that outlines how the state will administer the HMGP and implement the Plan in a Presidential Disaster Declaration;

(b) Implement a process for identifying potential hazard mitigation projects and for prioritizing among those projects;

(c) Coordinate with state/federal Public Assistance personnel to ensure that all eligible Section 406 mitigation opportunities are explored and funded through the Public Assistance program;

I recommend referencing 44 CFR 206.436(b)

State of Texas Hazard Mitigation State Administrative Plan 16

(d) Notify potential subapplicants of the program and brief them, with appropriate handout materials, on elements of the program;

(e) Coordinate with FEMA Hazard Mitigation staff developing the Hazard Mitigation strategy after a declaration;

(f) Provide technical assistance to potential subapplicants and/or eligible subrecipients in developing and submitting applications;

(g) Conduct the required benefit-cost analyses using FEMA’s BCA policies and methodology for proposed HMGP projects;

(h) Complete the NEPA review process for proposed projects. This will include the following tasks:

Coordinate with the FEMA Regional Environmental Officer (REO), project officer, and other state and federal agencies during project development to address environmental issues;

Complete formal consultations required specifically of federal agencies under federal environmental laws other than NEPA including, but not limited to, formal endangered species consultation or historic preservation Memoranda of Agreement and Programmatic Agreements; undertake environmental review tasks (including tasks related to the National Historic Preservation Act);

Gather necessary environmental data through the applicant, past studies, and informal consultation with state and federal agencies;

Recommend level of review under NEPA;

• Evaluate potential effects of the proposed project and identify any measures necessary to avoid or minimize these effects;

• Evaluate and document alternatives to the proposed action that will avoid or minimize impacts;

• Demonstrate that the project will incorporate any measures required to mitigate the adverse effects on EHP resources;

• Ensure the costs of known measures to treat adverse effects are reflected in the project budget cost estimate;

• Complete and submit the EHP Checklist and Record of Environmental

Consideration (REC) and all supporting documentation at the same time, or prior to, the submission of the project application; and

• Ensure that the required public notices are completed and that the Environmental Closeout Declaration is completed and signed by the subrecipient.

(i) Prepare and submit the initial HMGP application and any supplemental applications per federal requirements;

(j) Monitor subrecipients per 2 CFR Section 200.332 including reviewing financial and programmatic reports; following up and ensuring that the subrecipient takes prompt and appropriate action for any deficiencies discovered through audits, on-site reviews, and other monitoring activity as well as issue a management decision for audit findings;

State of Texas Hazard Mitigation State Administrative Plan 17

(k) Develop and implement a system for monitoring the status of approved projects, processing time extension requests and appeals, and closing out completed projects;

(l) Coordinate with the State Financial Management Officer (FMO) in monitoring subrecipient accounting systems to meet requirements 2 CFR Part 200;

(m) Review and revise the State of Texas Hazard Mitigation Plan according to planning requirements ensuring coordination as required and appropriate with administration of the HMGP;

(n) Involve the appropriate local agencies and the county/tribal emergency management directors in the administration of the HMGP and planning requirements. This includes participation in the development or update of local hazard mitigation plans or plan amendments and monitoring the status of hazard mitigation projects.

State of Texas Hazard Mitigation State Administrative Plan 18

Administration Hazard Mitigation Personnel In accordance with 44 CFR § 206.437(b)(2-3), this section provides an overview of TDEM personnel with responsibilities in the HMGP administration. Staffing is made up of a combination of state-funded full-time staff, federally funded full-time staff, federally funded contractors (affiliates), and federally funded temporary staff.

The identification of staffing functions in the Hazard Mitigation Grant Program, the sources of staff to fill these functions, and the management and oversight responsibilities of each are covered below. The makeup of the staff will differ based on the size and needs of a particular disaster.

Chief of TDEM The GAR and SCO; sets all guidelines and policy for the program.

Chief Financial Officer The Alternate GAR and Alternate SCO. Assists the Chief in developing guidelines and policy for the program and directs implementation of these with personnel.

Deputy Chief The Alternate GAR and Alternate SCO. Assists the Chief in developing guidelines and policy for the program and directs implementation of these with personnel.

Division Chief for Mitigation Serves as the State Hazard Mitigation Officer (SHMO); in charge of setting procedures and managing daily operations, including any joint FEMA/State operations and is responsible for interfacing with FEMA and subrecipients on issues related to complex or sensitive project approvals, appeals, or compliance, etc.; is responsible for the initiation of the solicitation of subapplications.

Mitigation Section Chief In charge of setting procedure and managing daily operations, including any joint FEMA/state operations and is responsible for interfacing with FEMA and subrecipients on issues related to complex or sensitive project approvals, appeals, possible violation, etc.; supervises staff and ensures compliance with all laws, regulations and any guidelines, policies and procedures set by management; interfaces with FEMA and subrecipients on issues related to HMGP program implementation, project approvals, appeals, closeouts, routine reports, etc; serves as the Deputy State Hazard Mitigation Officer (SHMO).

Hazard Mitigation Specialist Reviews and approves all requests for time extensions, scope changes, and closeouts prior to management signature. Provides technical assistance to jurisdictions with developing and maintaining their mitigation plans. Reviews local mitigation plans submitted for review. May also be involved with developing and maintaining the state hazard mitigation plan. Assists the Hazard Mitigation Coordination with the following duties:

conducts subrecipient briefings;

completes programmatic reviews for submitted applications;

facilitates and monitors requests for information (RFI);

Should the reference be to 206.437(b)(2) and/or 206.437(b)(3)? 206.207 is for PA.

State of Texas Hazard Mitigation State Administrative Plan 19 monitors grant activities;

conducts reviews of subrecipient’s compliance with all program rules and requirements;

and monitors grant processing functions performed by hazard mitigation support affiliates.

Quality Assurance & Grant Production Division Chief Acts as liaison between FEMA and TDEM to establish new processes and improve existing ones, monitor program activity for compliance of all applicable rules and policies, and analyzes new rules and policies for program impact.

Quality Assurance Staff Reviews and approves all requests for reimbursement requests, and closeouts prior to management signature. Other reviews will be conducted as well. Responsible for ensuring compliance of all program subrecipients with requirement of 2 CFR Subpart F (Single Audit) and performing internal program reviews and controls as assigned to assist in ensuring program compliance with all federal requirements. Responsible for developing staff training materials, policy, and guide manuals to support the program, and to facilitate training opportunities for both staff and subrecipients.

Regional Section Chief Supervises staff assigned to districts within their respective TDEM regions and ensures compliance with all laws, regulations and any guidelines, policies and procedures set by management; interfaces with FEMA and subrecipients on issues related to project approvals, appeals, closeouts, routine reports, etc.; interfaces with FEMA and subrecipients on issues related to project approvals, appeals, closeouts, routine reports, etc.

Hazard Mitigation Coordinator Serves as the primary customer service point of contact for all subapplicants and subrecipients, and acts as project officers for routine projects and performs the following related duties:

conducts subrecipient briefings;

completes programmatic reviews for submitted applications;

facilitates requests for information (RFI);

monitors grant activities;

conducts reviews of subrecipient’s compliance with all program rules and requirements;

conducts site visits; and monitors grant processing functions performed by hazard mitigation support affiliates.

Grant Processing Coordinator Oversees the performance and compliance of the contracted affiliates, tracks budgets, and authorizes and approves invoices.

Support Affiliate Works closely with TDEM Hazard Mitigation staff to aid subapplicants and subrecipients with effective implementation and management of their grant awards, and acts as project officers for routine projects and performs the following related duties:

processes submitted applications;

monitors grant activities;

conducts reviews of subrecipient’s compliance with all program rules and requirements;

processes requests for payment, appeals, and project closeout.

State of Texas Hazard Mitigation State Administrative Plan 20

Executive…