FY_2022_BRIC_NOFO_8.5.22_508.pdf

FY 2022 BRIC NOFO Back to the Top

The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO)

Fiscal Year 2022 Building Resilient Infrastructure and

Communities

Effective April 4, 2022, the Federal Government transitioned from using the Data Universal Numbering System or DUNS number, to a new, non-proprietary identifier known as a Unique Entity Identifier or UEI. For entities that had an active registration in the System for Award Management (SAM) prior to this date, the UEI has automatically been assigned and no action is necessary. For all entities filing a new registration in SAM.gov on or after April 4, 2022, the UEI will be assigned to that entity as part of the SAM.gov registration process.

UEI registration information is available on GSA.gov at: Unique Entity Identifier Update |

GSA.

Grants.gov registration information can be found at:

https://www.grants.gov/web/grants/register.html. Detailed information regarding UEI and SAM is also provided in Section D of this NOFO.

Table of Contents A. Program Description

1. Issued By

2. Assistance Listings Number

3. Assistance Listings Title

4. Funding Opportunity Title

5. Funding Opportunity Number

6. Authorizing Authority for Program

7. Appropriation Authority for Program

8. Announcement Type

9. Program Category

10. Program Overview, Objectives, and Priorities

11. Performance Measures

B. Federal Award Information

1. Available Funding for the NOFO: $2,295,000,000

2. Period of Performance: 36 months

3. Projected Period of Performance Start Date(s): Will vary by award

4. Projected Period of Performance End Date(s): 36 months from date of the award unless otherwise approved by FEMA

5. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Other Eligibility Criteria

4. Cost Share or Match https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update https://www.grants.gov/web/grants/register.html

D. Application and Submission Information

1. Key Dates and Times

2. Agreeing to Terms and Conditions of the Award

3. Address to Request Application Package

4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for

Award Management (SAM), and Submit an Application

5. Electronic Delivery

6. How to Register to Apply

7. Submitting the Application

8. Timely Receipt Requirements and Proof of Timely Submission

9. Content and Form of Application Submission

10. Other Submission Requirements

11. Intergovernmental Review

12. Funding Restrictions and Allowable Costs

E. Application Review Information

1. Application Evaluation Criteria

2. Review and Selection Process

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

3. Reporting

4. Monitoring and Oversight

G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

2. Systems Information

H. Additional Information

1. Termination Provisions

2. Program Evaluation

3. Period of Performance Extensions

4. Disability Integration

5. Conflicts of Interest in the Administration of Federal Awards or Subawards

6. Procurement Integrity

7. Record Retention

8. Actions to Address Noncompliance

9. Audits

10. Payment Information

11. Whole Community Preparedness

12. Extraordinary Circumstances

13. Phased Projects

14. Integrating Hazard Mitigation and Planning

A. Program Description

1. Issued By

U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Resilience/Federal Insurance and Mitigation Administration (FIMA)/ Mitigation Directorate/Hazard Mitigation Assistance (HMA) Division

2. Assistance Listings Number 97.047

3. Assistance Listings Title Building Resilient Infrastructure and Communities

4. Funding Opportunity Title Fiscal Year 2022 Building Resilient Infrastructure and Communities (BRIC)

5. Funding Opportunity Number

DHS-22-MT-047-00-98

6. Authorizing Authority for Program Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended (Pub. L. No. 93-288) (42 U.S.C. § 5133).

7. Appropriation Authority for Program Section 203(i) of the Stafford Act, as amended (Pub. L. No. 93-288) (42 U.S.C. § 5133) and Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) (2021).

8. Announcement Type Initial

9. Program Category Mitigation: Natural Hazards

10. Program Overview, Objectives, and Priorities

a. Overview

The Building Resilient Infrastructure and Communities (BRIC) grant program makes federal funds available to states, U.S. territories, federally recognized Tribal governments,1 and local governments for hazard mitigation activities. It does so with a recognition of the growing hazards associated with climate change2, and of the need for natural hazard risk mitigation activities that promote climate adaptation and resilience with respect to those hazards. These include both acute extreme weather events and chronic stressors which have been observed

1 The term “federally recognized Tribal government,” as used in this NOFO, has the same meaning as “Indian Tribal government,” as defined at 42 U.S.C. § 5122(6).

2 Climate change is defined as “Changes in average weather conditions that persist over multiple decades or longer.

Climate change encompasses both increases and decreases in temperature, as well as shifts in precipitation, changing risk of certain types of severe weather events, and changes to other features of the climate system” (Fourth National Climate Assessment).

and are expected to increase in intensity and frequency in the future.

Awards made under this NOFO will be funded, in whole or in part, with funds appropriated by the Infrastructure Investment and Jobs Act, also more commonly known as the Bipartisan Infrastructure Law (BIL). The BIL is a once-in-a-generation investment in infrastructure, which will grow a more sustainable, resilient, and equitable economy by enhancing U.S.

competitiveness, driving the creation of good-paying jobs with the free and fair choice to join a union, and ensuring stronger access to economic and environmental benefits for disadvantaged communities. The BIL appropriates billions of dollars to FEMA to promote resilient infrastructure, respond to the impacts of climate change, and equip our nation with the resources to combat its most pressing threats.

FEMA will provide financial assistance to eligible BRIC applicants for the following activities:

(1) Capability- and Capacity-Building (C&CB) activities,3 which enhance the knowledge, skills, expertise, etc., of the current workforce to expand or improve the administration of mitigation assistance. This includes activities in the following sub-categories: building codes activities, partnerships, project scoping, hazard mitigation planning and planning-related activities, and other activities;

(2) Hazard Mitigation Projects (construction)– cost-effective projects designed to increase resilience and public safety; reduce injuries and loss of life; and reduce damage and destruction to property, critical services, facilities, and infrastructure (including natural systems) from a multitude of natural hazards and the effects of climate change; and

(3) Management Costs – financial assistance to reimburse the recipient and subrecipient for eligible and reasonable indirect costs, direct administrative costs, and other administrative expenses associated with a specific mitigation measure or project in an amount up to 15 percent of the total amount of the grant award, of which not more than 10 percent of the total award amount may be used by the recipient and 5 percent by the subrecipient for such costs generally.

For more information about available assistance through the BRIC grant program, including how to submit various project types in FEMA’s Grant Outcomes System (FEMA GO), refer to BRIC program support materials accessible at https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources.

FEMA is expanding investment in the BRIC non-financial Direct Technical Assistance to at least 40 communities in FY22 to help build capacity and capability at the local level. To be considered for non-financial Direct Technical Assistance, communities may apply online at https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance.

In addition, FEMA is transforming Direct Technical Assistance to a more flexible, customer-

3 BRIC Policy FP-104-008-05 lists, as primary examples of C&CB, activities which: expand or improve the administration of mitigation assistance; mitigate risk by creating and supporting partnerships; develop or update mitigation priorities and plans; pursue project-scoping activities; or establish, adopt, and enforce building codes and standards consistent with applicable law.

https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance focused format to support more communities with building and sustaining successful mitigation programs, submitting high-quality applications, and implementing new and innovative projects that reduce risk and increase resilience. FEMA will share additional information about Direct Technical Assistance with stakeholders and through its website:

https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources.

The BRIC Program aligns with the goal of promoting resilience and adaptation in light of current risks, including those posed by climate change, and the 2020-2024 DHS Strategic Plan through Goal 5: Strengthen Preparedness and Resilience. Specifically, Objective 5.1: Build a National Culture of Preparedness has several sub-objectives that the BRIC Program supports.

BRIC serves primarily to bolster Sub-Objective 5.1.1: Incentivize investments that reduce risk and increase pre-disaster mitigation, including expanding the use of insurance to manage risk through funding hazard mitigation projects, particularly ones that reduce risk to infrastructure.

Additionally, the capability- and capacity-building (C&CB) activities that BRIC funds also contribute to other sub-objectives. For example, planning, partnerships, and project scoping efforts help improve awareness initiatives to encourage public action to increase preparedness (Sub-Objective 5.1.2), use lessons from past disasters and exercises to inform community investment decisions and anticipate challenges that may emerge during future disasters (Sub- Objective 5.1.3), and coordinate and guide continuity of operations activities through partnerships with government and non-government stakeholders (Sub-Objective 5.1.5). The BRIC Program is also meant to promote the goal of equity, by helping members of particularly overburdened and underserved communities,4 who might be at heightened risk as a result of current hazards, including those associated with climate change.

The 2022-2026 FEMA Strategic Plan outlines a bold vision and three ambitious goals designed to address key challenges the agency faces during a pivotal moment in the field of emergency management: Goal 1 - Instill equity as a foundation of emergency management, Goal 2 - Lead the whole of community in climate resilience, and Goal 3 - Promote and sustain a ready FEMA and prepared nation. One of BRIC’s purposes is to help achieve the goals of the 2022-2026 FEMA Strategic Plan. In particular, the BRIC Program supports Objective 1.2:

Remove barriers to FEMA programs through a people first approach, Objective 1.3: Achieve equitable outcomes for those we serve, and Objective 2.2: Build a climate resilient nation.

BRIC also supports the National Mitigation Investment Strategy and the FIMA Fiscal Year (FY) 21-23 Mitigation Strategy by advancing hazard mitigation investment to reduce risks posed by natural hazards and increasing the nation’s resilience to natural hazards.

For more detailed program information, please go to Building Resilient Infrastructure and Communities (BRIC).

b. Objectives

With a general focus on disasters, risks, and hazards, including those associated with climate change, the guiding principles of the program are to:

(1) support state and local governments, tribes, and territories through capability- and capacity-building to enable them to identify mitigation actions and implement projects that

4 Underserved communities is defined in Executive Order (EO) 13985: Advancing Racial Equity and Support for Underserved Communities through the Federal Government, and cited in the 2022-2026 FEMA Strategic Plan.

https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 https://www.fema.gov/about/strategic-plan https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.fema.gov/about/strategic-plan reduce risks posed by natural hazards;

(2) encourage and enable innovation while allowing flexibility, consistency, and effectiveness;

(3) promote partnerships and enable high-impact investments to reduce risk from natural hazards with a focus on critical services and facilities, public infrastructure, public safety, public health, and communities;

(4) provide an opportunity to reduce future losses and minimize impacts on the Disaster Relief Fund;

(5) promote equity, including by helping members of overburdened and underserved groups and prioritizing 40 percent of the benefits to disadvantaged communities as referenced in Executive Order (EO) 14008: Tackling the Climate Crisis at Home and Abroad in line with the Administration’s Justice40 Initiative; and

(6) support the adoption and enforcement of building codes, standards, and policies that will protect the health, safety, and general welfare of the public, taking into account future conditions, prominently including the effects of climate change, and have long-lasting impacts on community risk reduction, including for critical services and facilities and for future disaster costs.

In accordance with the BRIC program’s guiding principle of promoting equity and in implementing the Justice40 Initiative, the BRIC program is prioritizing assistance that benefits disadvantaged communities as referenced in EO 14008 and subsequent guidance. A disadvantaged community may be characterized by variables including, but not limited to: low income, high and/or persistent poverty, high unemployment and underemployment, racial and ethnic segregation, particularly where the segregation stems from discrimination by government entities, linguistic isolation, high housing cost burden and substandard housing, distressed neighborhoods, high transportation cost burden and/or low transportation access, disproportionate environmental stressor burden and high cumulative impacts, limited water and sanitation access and affordability, disproportionate impacts from climate, high energy cost burden and low energy access, jobs lost through the energy transition, access to health care, and all geographic areas within Tribal jurisdictions.5

Four of the six BRIC qualitative evaluation criteria reflect the need for subapplications to speak to how the project will benefit disadvantaged communities:

(1) Risk Reduction/Resilience Effectiveness,

(2) Population Impacted,

(3) Community Engagement and Other Outreach Activities, and

(4) Leveraging Partners.

BRIC reduces the non-federal cost share from 25 percent to 10 percent for Economically Disadvantaged Rural Communities (EDRC) (defined in 42 U.S.C. § 5133(a) as small impoverished communities).

Additionally, in FY22 the BRIC program is using the Centers for Disease Control and Prevention (CDC) Social Vulnerability Index (SVI) as a tool to identify areas as disadvantaged. Areas with CDC SVI greater than or equal to 0.6, as well as Economically Disadvantaged Rural Communities and geographic areas within Tribal jurisdictions are considered disadvantaged.

5 See Executive Office of the President, Office of Management and Budget, Memorandum for the Heads of Departments and Agencies re: Interim Implementation Guidance for the Justice40 Initiative, 2-3 (July 20, 2021).

https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad

FEMA will review hazard mitigation project subapplications during the pre-award process that are competitive and otherwise eligible for selection where an EDRC, federally recognized Tribal government, or community with CDC SVI greater than 0.80 is unable to calculate a BCR to demonstrate cost-effectiveness. FEMA may assist such communities with developing a BCA. FEMA will release additional guidance for this approach for communities that may qualify for this consideration. In no case will FEMA award a hazard mitigation project that is not cost-effective.

c. Priorities For FY 2022, the priorities for the program are to incentivize natural hazard risk reduction activities that mitigate risk to public infrastructure and disadvantaged communities as referenced in EO 14008; incorporate nature-based solutions including those designed to reduce carbon emissions; enhance climate resilience and adaptation; and increase funding to applicants that facilitate the adoption and enforcement of the latest published editions of building codes. BRIC encourages hazard mitigation projects that meet multiple program priorities.

11. Performance Measures BRIC aims to implement projects that reduce risks posed by natural hazards to reduce future losses, by funding priority projects and activities. Priorities include risk reduction of both acute events and chronic stressors, driven by climate change, which are either observed or expected. To achieve these goals, for FY 2022 BRIC is prioritizing the following types of projects: infrastructure6 projects, projects that benefit disadvantaged communities as referenced in EO 14008, projects that incorporate nature-based solutions including those designed to reduce carbon emissions, climate change adaptation and resilience projects, and projects proposed by applicants who adopt and enforce mandatory Tribal-, territory-, or state-wide building codes based on the latest published editions of building codes. FEMA will measure the percent of dollars invested in these priorities, which will indicate that BRIC projects expect to meet the goal of reducing both risks posed by natural hazards and future losses. Specifically, FEMA will assess 1) priority projects federal share as a percent of total federal share national competition and 2) Justice40 federal share as a percent of total federal share.

B. Federal Award Information

1. Available Funding for the NOFO: $2,295,000,000

a. State/Territory Allocation Subtotal: $ 112,000,000

b. Tribal Set-Aside Subtotal: $ 50,000,000

c. National Competition Subtotal: $2,133,000,000

Any funds that are not awarded from the Tribal Set-Aside may be re-allocated to the national competition.

State/Territory Maximum Allocation & Activity Caps $2,000,000

6 BRIC Policy FP-104-008-05 defines infrastructure as “critical physical structures, facilities, and systems that provide support to a community, its population, and economy.” This definition includes natural systems.

https://www.fema.gov/sites/default/files/2020-08/fema_riskmap_nature-based-solutions-guide_2020.pdf

• The maximum allocation for a state or territory under this category is $2,000,000, covering all activities/projects.

• Each state/territory may apply for up to $2,000,000 in the State/Territory Allocation. The State/Territory Allocation may be used for C&CB activities and/or hazard mitigation projects. The combined cost for any C&CB activities and/or hazard mitigation projects under the State/Territory Allocation must not exceed $2,000,000 federal cost share per applicant. Additionally, the applicant’s highest ranked subapplication (C&CB activity or hazard mitigation project) for the State/Territory Allocation must not exceed $2,000,000 federal cost share.

• Up to $1,000,000 of the State/Territory Allocation may be used for hazard mitigation planning and planning-related activities per applicant.

• Up to 10 percent of any subapplication may be used for information dissemination activities, including public awareness and education (brochures, workshops, videos, etc.) related to a proposed C&CB activity or hazard mitigation project.

Tribal Set-Aside Activity Caps

• The combined cost for any C&CB activities under the Tribal Set-Aside must not exceed $2,000,000 federal cost share per applicant. Additionally, the applicant’s highest ranked subapplication (C&CB activity) for the Tribal Set-Aside must not exceed $2,000,000 federal cost share.

• Up to $1,000,000 of the Tribal Set-Aside may be used for hazard mitigation planning and planning-related activities per applicant.

• Up to 10 percent of any subapplication may be used for information dissemination activities, including public awareness and education (brochures, workshops, videos, etc.) related to a proposed C&CB activity or hazard mitigation project.

• In the event that more than $50,000,000 in subapplications is submitted under the Tribal Set-Aside, the C&CB activities and highest-ranked hazard mitigation project subapplications up to $50,000,000 will be selected. Once the $50,000,000 is selected, all remaining Tribal hazard mitigation project subapplications will be evaluated under the national competition.

National Competition Cap $50,000,000 Applicants may submit an unlimited number of hazard mitigation project subapplications each valued up to $50,000,000 federal share to the national competition.

• Up to 10 percent of any subapplication may be used for information dissemination activities, including public awareness and education (brochures, workshops, videos, etc.) related to a proposed hazard mitigation project.

2. Period of Performance: 36 months

The Period of Performance (POP) is 36 months, starting on the date of the recipient’s federal award. Any subsequent amendments to the federal award will not extend the POP unless explicitly stated. The applicant may submit a request for a longer POP in the application for FEMA to review and approve. A longer POP must be requested, documented, reasonable, and justified.

Extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to Section H of this NOFO.

FEMA awards under most programs, including this program, only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”

3. Projected Period of Performance Start Date(s): Will vary by award

4. Projected Period of Performance End Date(s): 36 months from date of the award unless otherwise approved by FEMA

5. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

• States

• District of Columbia

• U.S. territories

• Federally recognized Tribal governments

Each state, territory, the District of Columbia, and federally recognized Tribal government shall designate one agency to serve as the applicant for BRIC funding. The designee is strongly encouraged to conduct outreach with disadvantaged communities as referenced in EO 14008 prior to and during the application process. Each applicant’s designated agency may submit only one BRIC grant application to FEMA. Subapplications under which two or more entities would carry out the award are eligible, such as a multi-state or multi-Tribal initiative;

however, only one entity may be the applicant with primary responsibility for carrying out the award.

Communities, including local governments, cities, townships, counties, special district governments, and Tribal governments (including federally recognized Tribal governments who choose to apply as subapplicants) are considered subapplicants and must submit subapplications for financial assistance to their state/territory/Tribal Applicant agency. Contact information for the State Hazard Mitigation Officers (SHMOs) is provided on the FEMA website at http://www.fema.gov/state-hazard-mitigation-officers.

2. Applicant Eligibility Criteria

• States and territories that have had a major disaster declaration under the Stafford Act in the 7 years prior to the annual application period start date are eligible to apply to FEMA for federal assistance under BRIC (applicants). As a result of numerous major disaster declarations, all states, territories, and the District of Columbia are eligible to apply in FY 2022.

• Federally recognized Tribal governments that have had a major disaster declaration under the Stafford Act in the 7 years prior to the annual application period start date or are entirely or partially located in a state or territory that had a major disaster declaration in the 7 years prior to the annual application period start date are eligible to apply to FEMA for federal assistance under BRIC as applicants or subapplicants to eligible states http://www.fema.gov/state-hazard-mitigation-officers and territories. As a result of numerous major disaster declarations, all federally recognized Tribal governments are eligible to apply in FY 2022.

• Local governments are eligible to apply to eligible states and territories for federal assistance under BRIC (subapplicants). Individuals, businesses, and non-profit organizations are not eligible to apply for BRIC funds; however, an eligible applicant or subapplicant may apply for funding on behalf of individuals, businesses, and non-profit organizations.

• Applicants are required to have a FEMA-approved State or Tribal Hazard Mitigation Plan in accordance with Title 44 of the Code of Federal Regulations (C.F.R.) Part 201 by the application deadline and at the time of obligation of the award. (Hazard mitigation planning subapplications submitted by applicants are exempt from this mitigation plan requirement).

• Subapplicants are required to have a FEMA-approved Local or Tribal Hazard Mitigation Plan in accordance with 44 C.F.R. Part 201 by the application deadline and at the time of obligation of grant funds for hazard mitigation projects. Subapplicants are exempt from the hazard mitigation plan requirement for the following C&CB activity types: (1) hazard mitigation planning and planning related activities, (2) partnerships, and (3) building codes. Federally recognized Tribal governments, submitting as subapplicants to a state or territory, are included in this exemption. A hazard mitigation plan is required for project scoping subapplications. Hazard mitigation plan integration, while not required to be eligible for BRIC, is encouraged. See Section H.15 for additional information. Local hazard mitigation plans must conform to the Local Plan Review Guide, or any subsequent local hazard mitigation planning guide that supersedes it.

• To be considered for financial assistance, all applicants must submit their FY 2022 BRIC grant applications to FEMA via FEMA GO (see Section D, Application and Submission Information).

3. Other Eligibility Criteria

• All activities under BRIC must be in conformance with all applicable environmental planning and historic preservation (EHP) laws, regulations, executive orders, and agency policies including:

o 44 C.F.R. Part 9; DHS Directive 023-01 Rev 01, Implementation of the National

Environmental Policy Act (October 31, 2014);

o Instruction Manual 023-01-001-01 Rev 01, Implementation of the National

Environmental Policy Act (NEPA) (November 6, 2014);

o FEMA Directive 108-1, Environmental Planning and Historic Preservation

Responsibilities and Program Requirements (October 10, 2018);

o FEMA Instruction 108-1-1, Instruction on Implementation of the Environmental

Planning and Historic Preservation Responsibilities and Program Requirements (October 10, 2018), accessible at https://www.fema.gov/media-library/assets/documents/118323. EHP Job Aids and Supplements are available on the FEMA website at https://www.fema.gov/grants/mitigation/job-aids

• All activities under BRIC must be in conformance with all applicable federal, state, Tribal, and local floodplain and land use laws and regulations including 44 C.F.R. §

60.3 (floodplain management criteria).

o All non-critical structure elevation, dry floodproofing, and mitigation reconstruction projects in a Special Flood Hazard Area must apply, at a minimum, https://www.fema.gov/media-library/assets/documents/118323 https://www.fema.gov/media-library/assets/documents/118323 https://urldefense.proofpoint.com/v2/url?u=https-3A__www.fema.gov_grants_mitigation_job-2Daids&d=DwMFAg&c=TQzoP61-bYDBLzNd0XmHrw&r=noRtC8-THA-H11WyuYaSr40b4IhhRP0KiVBbSggC-WE&m=dsDSdZmS9IWo4WeKmSXUFzLeVYQp7rBxUthDldxG8HA&s=6YnIUY2_GPd3352tHwJUtzHc4T4aIbSovH8vBmwc1us&e= the flood elevations of the Federal Flood Risk Management Standards Freeboard Value Approach. All other types of projects are strongly encouraged to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach. See EO 14030, Climate-Related Financial Risk and FEMA Policy #-206-21-0003, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs (Interim).

o For critical actions in the Special Flood Hazard Area, the elevation requirements from 44 CFR § 9.11 continue to apply. For any new construction or substantial improvement of structures, the lowest floor of the structure (including the basement) must be at or above the level of the 500-year flood.7

• Activities under BRIC must not duplicate activities that another federal agency or program has more specific authority to conduct.

• All activities under BRIC must be in conformance with any other criteria established by FEMA that is specific to the proposed activity, such as the criteria found in the most recent version of the HMA Guidance.

• Construction activities for which ground disturbance has already been initiated or completed are not eligible for funding. Non-construction activities that have already started may not be considered for funding.

• C&CB activities should result in a resource, strategy, or tangible mitigation product that will reduce or eliminate risk and damage from future natural hazards, increase resilience, and promote a culture of preparedness.

• Hazard mitigation projects must be consistent with a State Mitigation Plan and Local or Tribal Mitigation Plan approved under 44 C.F.R. Part 201, or for federally recognized Tribal government acting as applicants, be consistent with a Tribal Mitigation Plan approved under 44 C.F.R. § 201.7. Applicants must identify in the BRIC application where specifically the needs for the proposed project types are referenced or included in the State or Tribal Hazard Mitigation Plan (page number, section title, etc.).

• Hazard mitigation projects must, at a minimum, be in conformance with the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs.

• Hazard mitigation projects should consider the amount of carbon emissions generated.

• Hazard mitigation projects must be technically feasible and effective.

• Hazard mitigation projects must solve a problem independently or constitute a functional portion of a long-term solution for which there is assurance that the project as a whole will be completed or there is a reasonable plan and available funding for completion.

• Hazard mitigation projects must be cost-effective and designed to increase resilience and reduce risk of injuries, loss of life, and damage and destruction of property, including critical services and facilities. This means the project, as documented by the applicant, achieves the following goals:

o Addresses a problem that has been repetitive or that poses a risk to public health and safety and improved property if left unresolved;

7 In accordance with Section 2(a)(1) of EO 11988: Floodplain Management, as amended by EO 13690: Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, before taking an action, FEMA must determine whether a proposed action will occur in a floodplain.

https://www.federalregister.gov/documents/2021/05/25/2021-11168/climate-related-financial-risk https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-0003-partial-mplementation-ffrms-hma-programs-interim.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-0003-partial-mplementation-ffrms-hma-programs-interim.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-0003-partial-mplementation-ffrms-hma-programs-interim.pdf https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance o Satisfies applicable cost-effectiveness requirements in compliance with OMB Circular A-94;

o Contributes, to the extent practicable, to a long-term solution to the problem it is intended to address; and o Accounts for long-term changes to the areas and entities it protects and has manageable future maintenance and modification requirements.

• If the hazard mitigation project is located in a Special Flood Hazard Area, it must meet all of the following conditions:

i. The project is in a jurisdiction participating in the National Flood Insurance Program that is not on probation, suspended, or withdrawn.

ii. The property owner obtains and maintains flood insurance for the life of the structure, regardless of transfer of ownership, in an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the mitigated property, whichever is less.

iii. The project complies with any FEMA directive or policy implementing the Federal Flood Risk Management Standards (FFRMS).8

• Applicants should utilize climate data to consider the effects of climate change including but not limited to: high winds and continued sea level rise and ensure responsible floodplain and wetland management based on the history of flood mitigation efforts and the frequency; duration, and intensity of precipitation events;

exposure and sensitivity to extreme temperatures, including heat; drought; and wildfire.

• Applicants should consider their plan for conducting stakeholder engagement, and how they will engage with affected communities, particularly disadvantaged communities, to ensure that activities under BRIC are being responsive to community needs.

• When subapplications include an information technology or operational technology component as part of a larger project, FEMA will allow activities that enable greater community resilience through cybersecurity as eligible costs when those activities are performed in accordance with the cybersecurity performance goals for critical infrastructure and control systems directed by the National Security Presidential Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems, found at https://www.cisa.gov/control-systems-goals-and-objectives.

• FEMA encourages the use of environmentally friendly construction practices when completing BRIC hazard mitigation projects.

o When subapplications include the use of concrete or asphalt products, FEMA encourages the inclusion of low embodied carbon concrete and environmentally preferable asphalt.

o Subrecipients should ensure that federally-funded infrastructure investments reduce life cycle emissions of construction materials, specifically concrete, asphalt, and steel.

o Subrecipients should request disclosure of Environmental Product Declarations (EPD) to evaluate and incentivize acquisition of these lower carbon materials.

4. Cost Share or Match

8 On August 27, 2021, FEMA released FP-206-21-0003 Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs (Interim), available at https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-0003-partial-mplementation-ffrms-hma-programs-interim.pdf.

https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-0003-partial-mplementation-ffrms-hma-programs-interim.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-0003-partial-mplementation-ffrms-hma-programs-interim.pdf

a. General Cost share is required for all subapplications funded under this program. Generally, the cost share for this program is 75 percent federal / 25 percent non-federal. This means federal funding is available for up to 75 percent of eligible costs. The remaining 25 percent of eligible costs must be derived from non-federal sources. For example, if the total cost of the activity is $400,000 and the non-federal cost share is 25 percent, then the non-federal contribution is $100,000: 25 percent of $400,000 is $100,000. This amount would be provided by the applicant. Likewise, the federal share of that activity would be $300,000: 75 percent of $400,000 is $300,000. This amount would be provided by FEMA. FEMA will provide 100 percent federal funding for management costs.

The non-federal cost share may consist of cash, donated or third-party in-kind services, materials, or any combination thereof. Cash and third-party in-kind matches must consist of eligible costs (i.e., same eligibility as the federal share). Applicants cannot apply other federal award funds toward the BRIC non-federal cost share unless the other federal statutory authority allows the funds to be used to meet cost-share requirements. For example, in certain situations, U.S. Department of Housing and Urban Development Community Development Block Grant Disaster Recovery (CDBG-DR) program funds, U.S. Small Business Administration Disaster Loans, United States Department of Agriculture Rural Development Single Family Direct Home Loans or Single Family Repair Loans, the Department of Defense’s Readiness and Environmental Protection Integration (REPI) program, and others may be used towards the non-federal match. Additionally, certain American Rescue Plan funds may be used as non-federal cost share as determined by the Department of Treasury.9 Refer to the HMA Cost Share Guide for more information at https://www.fema.gov/sites/default/files/2020-08/fema_hma_cost-share-guide.pdf. FEMA encourages innovative use of public and private-sector partnerships to meet the non-federal cost share.

BRIC funding cannot be used as matching funds for another federal award. Additionally, third-party in-kind matches used to meet the matching requirement may not be used to meet matching requirements for any other federal program.

Ultimately, the recipient is responsible for ensuring that it contributes the proper cost share to its actual project costs. If actual total project costs exceed the projected total project costs stated in the federal award, the recipient will not receive any additional federal funding and will be responsible for contributing additional funds above the required cost match. If actual total project costs are less than the projected total project costs stated in the federal award, the recipient will be responsible for contributing a cost match calculated as a percentage of those actual project costs.

b. Economically Disadvantaged Rural Communities The BRIC program term “Economically Disadvantaged Rural Communities” is synonymous with “small impoverished communities” as defined at 42 U.S.C. § 5133(a).

9 Treasury funds are available through the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program.

According to U.S. Department of Treasury, the SLFRF program funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. See Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule at https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf.

https://www.fema.gov/sites/default/files/2020-08/fema_hma_cost-share-guide.pdf https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf

Economically Disadvantaged Rural Communities are eligible for an increase in cost share up to 90 percent federal / 10 percent non-federal. Economically Disadvantaged Rural Community (EDRC) means a community of 3,000 or fewer individuals identified by the applicant that is economically disadvantaged, with residents having an average per capita annual income not exceeding 80 percent of the national per capita income, based on best available data.

The following entities may, by working in collaboration with an EDRC to build a subapplication, submit a subapplication on behalf of an EDRC: (1) applicants; or (2) local government subapplicants, including a 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 interstate government entity, or agency or instrumentality of a local government. An applicant or subapplicant applying on behalf of an EDRC must coordinate with the EDRC to include as part of the subapplication a letter authorizing the applicant or subapplicant to submit the subapplication on the EDRC’s behalf.

There is no required format for the authorizing letter, but it should contain the following information:

• Point of contact information, including a name, community, address, phone number, and email for both the EDRC and the applicant or subapplicant applying on behalf of the

EDRC.

• A signature from an authorized representative of the EDRC.

An applicant or subapplicant applying on behalf of an EDRC will be eligible to receive up to a 90 percent federal cost share.

Applicants and subapplicants who apply as an Economically Disadvantaged Rural Community, or subapplicants who apply on behalf of one, must request the increased federal cost share amount in the Cost Share section of their C&CB activity and hazard mitigation project subapplication(s). Management costs are already 100 percent funded. Applicants must certify subapplicants’ Economically Disadvantaged Rural Community status and provide documentation with the subapplication(s) to justify the increased federal cost share. If documentation is not submitted with the subapplication, then FEMA will provide no more than 75 percent federal cost share of the total eligible costs.

Federally recognized Tribal governments meeting the definition of an Economically Disadvantaged Rural Community that apply to FEMA directly as applicants are eligible for a 90 percent federal cost share for their subapplications, which make up their overall BRIC grant application.

c. Insular Areas For insular areas, including American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, FEMA automatically waives the non-federal cost share for the recipient when the non-federal cost share for the entire award is under $200,000. If the non-federal cost share for the entire award is $200,000 or greater, FEMA may waive all or part of the non-federal cost share at the request of the recipient. The recipient may request the waiver in its application.

For more detailed program information, please go to Building Resilient Infrastructure and Communities (BRIC) | FEMA.gov.

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 09/30/2022

b. Application Submission Deadline: 1/27/2023 at 03:00:00 PM ET

All applications must be received by the established deadline. Please note that FEMA deadlines listed in this NOFO refer to application deadlines for the applicants. Subapplicants should consult with their applicant agency to confirm subapplication deadlines to the applicant if applicable.

FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.

FEMA will not consider or review applications that are received after the deadline.

Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and no later than 3:00 PM ET on Wednesday, January 25, 2023.

Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” to FEMA means the following: 48 hours prior to the application deadline and within 48 hours after the applicant became aware of the issue. FEMA may extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline.

A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 8:00 AM – 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Program Analyst or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at askcsid@fema.dhs.gov, Monday through Friday, 9:00 AM – 5:00 PM ET.

c. Other Key Dates

Event Suggested Deadline for Completion Obtaining Unique Entity Identifier (UEI) Number

Four weeks before actual submission deadline https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities mailto:femago@fema.dhs.gov mailto:askcsid@fema.dhs.gov

Obtaining a valid Employer Identification Number (EIN)

Four weeks before actual submission deadline

Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM registration

Four weeks before actual submission deadline

Registering in FEMA GO Four weeks before actual submission deadline Submitting the final application in

FEMA GO

By the submission deadline

2. Agreeing to Terms and Conditions of the Award

By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package

Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/.

Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G of this NOFO, “DHS Awarding Agency Contact Information” or by TTY (800) 462-7585.

4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award

Management (SAM), and Submit an Application Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.

Please review the table above for estimated deadlines to complete each of the steps listed.

Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.

To apply for an award under this program, all applicants must:

a. Apply for, update, or verify their Unique Entity Identifier (UEI) number from SAM.gov and Employer Identification Number (EIN) from the Internal Revenue Service;

b. In the application, provide a UEI number;

c. Have an account with login.gov;

d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;

e. Register in FEMA GO, add the organization to the system, and establish the Authorized

Organizational Representative (AOR). The organization’s electronic business point of contact (EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/media-library/assets/documents/181607;

f. Submit the complete application in FEMA GO; and

g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information https://go.fema.gov/ https://www.grants.gov/ https://www.login.gov/ https://www.fema.gov/media-library/assets/documents/181607 on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.