FY_2023_BRIC_NOFO_ Final.pdf

FY 2023 BRIC NOFO Back to the Top

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

Fiscal Year 2023 Building Resilient Infrastructure and Communities

SUMMARY OVERVIEW OF KEY INFORMATION

Building Resilient Infrastructure and Communities Program Issuing Agency U.S. Department of Homeland Security (DHS)/Federal Emergency

Management Agency (FEMA)/Resilience/Hazard Mitigation Directorate/Hazard Mitigation Assistance Division (HMA)

Program Overview

The Building Resilient Infrastructure and Communities (BRIC) grant program makes federal funds available for hazard mitigation activities. It does so with a recognition of the growing hazards associated with climate change, 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 and are expected to increase in intensity and frequency in the future.

Objectives • Increase climate literacy among the emergency management community, including awareness of natural hazard risks and knowledge of best practices for mitigation.

• Increase awareness of stakeholders and partners with capabilities to support mitigation, preparedness, response, and recovery.

• More innovative risk-informed mitigation projects are developed and completed, including multi-hazard resilience or nature-based solutions.

• Communities identify and mitigate the risks to natural hazards and their own threats from climate change.

• FEMA directs increased resources to eliminate disparities in equitable outcomes across underserved communities.

Eligible Projects • Capability and Capacity-Building activities – activities that enhance the knowledge, skills, and expertise of the current workforce to expand or improve the administration of mitigation assistance. This includes activities in the following sub-categories: building codes, partnerships, project scoping, hazard mitigation planning and planning-related activities, and other activities;

• Hazard Mitigation Projects – 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, including drought, wildfire, earthquakes, extreme heat, and the effects of climate change;

• 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

Deadlines Application Start Date: 10/16/2023 Notification of system-related issues: 02/27/2024 at 3:00 PM ET Application Submission Deadline: 02/29/2024 at 03:00 PM ET

Funding Available Funding for the NOFO: $1,000,000,000

• State/Territory Allocation Subtotal: $ 112,000,000

• Tribal Set-Aside Subtotal: $50,000,000

• State/Territory Building Code Plus-Up Subtotal: $ 112,000,000

• Tribal Building Code Plus-Up Subtotal: $25,000,000

• National Competition Subtotal: $701,000,000

Eligible Applicants

• States

• District of Columbia

• U.S. territories

• Federally recognized tribal governments

Cost Share The cost share for the BRIC program is 75% federal and 25% non-federal.

Cost share for the BRIC program is adjusted to 90% federal and 10% non-federal for the following communities:

• Community Disaster Resilience Zones

• Economically Disadvantaged Rural Communities

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.

All entities wishing to do business with the federal government must have a unique entity identifier (UEI). The UEI number is issued by the SAM system. Requesting a UEI using Sam.gov can be found at: https://sam.gov/content/entity-registration.

Grants.gov registration information can be found at:

https://www.grants.gov/web/grants/register.html.

Planned UEI Updates in Grant Application Forms:

On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by, the System for Award Management (SAM.gov). This new identifier is the Unique Entity Identifier (UEI).

Additional Information can be found on Grants.gov:

https://www.grants.gov/web/grants/forms/planned-uei-updates.html

Table of Contents Planned UEI Updates in Grant Application Forms:

https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/forms/planned-uei-updates.html

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

a. Overview

i. BRIC Direct Technical Assistance

b. Objectives

c. Priorities

11. Performance Measures B. Federal Award Information

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

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 specified by FEMA

5. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Other Eligibility Criteria/Restrictions

4. Cost Share or Match

a. General

b. Economically Disadvantaged Rural Communities

c. Community Disaster Resilience Zones

d. Insular Areas

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 10/16/2023

b. Application Submission Deadline: 02/29/2024 at 03:00:00 PM ET

c. Other Key Dates

2. Agreeing to Terms and Conditions of the Award

3. Address to Request Application Package

4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for

Award Management (SAM)

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

Management (SAM), and Submit an Application

6. Electronic Delivery

7. How to Register to Apply

a. General Instructions:

b. Obtain an UEI Number:

c. Obtain Employer Identification Number

d. Create a login.gov account:

e. Register with SAM:

f. Register in FEMA GO, Add Organization to the System and Establish the AOR: .. 27

8. Submitting the Application

9. Timely Receipt Requirements and Proof of Timely Submission

10. Content and Form of Application Submission

a. Standard Required Application Forms and Information

b. Program-Specific Required Forms and Information

11. Other Submission Requirements

a. Benefit-Cost Analysis (BCA) for Hazard Mitigation Projects

b. Go/No-Go Milestones

c. National Environmental Policy Act Requirements for Hazard Mitigation Projects . 31

d. Acquisition Project Requirements

12. Intergovernmental Review

13. Funding Restrictions and Allowable Costs

a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services

b. Pre-Award Costs

c. Management Costs

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

i. Eligibility and Completeness Programmatic Review Criteria

ii. Additional Programmatic Review for the National Competition

b. Financial Integrity Criteria

c. Supplemental Financial Integrity Criteria and Review

2. Review and Selection Process

a. Review Process

i. State/Territory Allocation

ii. Tribal Set-Aside

iii. State/Territory Building Code Plus-Up

iv. Tribal Building Code Plus-Up

v. National Competition

b. Selection Status

c. Appeals

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

a. DHS Standard Terms and Conditions

b. Ensuring the Protection of Civil Rights

c. Environmental Planning and Historic Preservation (EHP) Compliance

d. Construction Project Requirements

3. Reporting

a. Financial Reporting Requirements

b. Programmatic Performance Reporting Requirements

c. Closeout Reporting Requirements

d. Additional Reporting Requirements

4. Monitoring and Oversight G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

a. Program Office Contact

b. FEMA Grants News

c. FEMA Regional Offices

d. Equal Rights

e. Environmental Planning and Historic Preservation

f. Other Contact Information

2. Systems Information

a. FEMA GO

H. Additional Information

1. Termination Provisions

a. Noncompliance

b. With the Consent of the Recipient

c. Notification by the Recipient

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

a. Important Changes to Procurement Standards in 2 C.F.R. Part 200

b. Competition and Conflicts of Interest

c. Supply Schedules and Purchasing Programs

d. Procurement Documentation

e. Prohibition on Use of Funds to Support or Oppose Union Organizing

7. Financial Assistance Programs for Infrastructure

a. Build America, Buy America Act

b. Waivers

c. Definitions

8. Record Retention

a. Record Retention Period

b. Types of Records to Retain

9. Actions to Address Noncompliance

10. Audits

11. Payment Information

12. Whole Community Preparedness

13. Extraordinary Circumstances

14. Phased Projects

a. Pre-screening Process

b. Phase I Award

c. Phase II Award Amendment – Construction Process

15. Integrating Hazard Mitigation and Planning

I. Appendix

1. Resources

A. Program Description

1. Issued By

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

(HMA)

2. Assistance Listings Number

97.047

3. Assistance Listings Title Building Resilient Infrastructure and Communities

4. Funding Opportunity Title Fiscal Year 2023 Building Resilient Infrastructure and Communities (BRIC)

5. Funding Opportunity Number

DHS-23-MT-047-00-98

6. Authorizing Authority for Program Sections 203 and 206 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 and 5136).

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 governments1, 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

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

2 Climate change is defined as “A change in the state of the climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period, typically decades or longer. Climate change may be due to natural internal processes or external forcings such as modulations of the solar cycles, 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 and are expected to increase in intensity and frequency in the future.

The BRIC program’s guiding principles include supporting communities through capability and capacity-building; encouraging and enabling innovation, including multi-hazard resilience or nature-based solutions; promoting partnerships; enabling large, systems-based projects; maintaining flexibility; and providing consistency. Through these efforts communities are able to better understand disaster risk and vulnerabilities, conduct community-driven resilience, hazard mitigation planning, and design transformational projects and programs. FEMA’s Mitigation Action Portfolio showcases mitigation projects to provide practitioners with examples of activities that integrate the Investment Strategy’s goals and reflect the guiding principles of the Disaster Recovery Reform Act of 2018

(DRRA).

Awards made under this funding opportunity 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 communities3. 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:

• Capability and Capacity-Building activities4 – activities that enhance the knowledge, skills, and expertise of the current workforce to expand or improve the administration of mitigation assistance. This includes activities in the following sub-categories: building codes, partnerships, project scoping, hazard mitigation planning and planning-related activities, and other activities;

• Hazard Mitigation Projects – 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, including drought, wildfire earthquakes, extreme heat, and the effects of climate change;

and volcanic eruptions, and persistent human-driven changes in the composition of the atmosphere or in land use.”

(USGCRP 2022-2031 Strategic Plan).

3 Applicants are encouraged to leverage the Good Jobs Initiative for information and resources on these topics. To learn more about the Good Jobs Initiative visit https://www.dol.gov/general/good-jobs.

4 Hazard Mitigation Assistance Program and Policy Guide (HMA Guide), Part 10, C.2.1.1. BRIC: Capability and Capacity Building Activities, pg. 237 (March 23, 2023).

https://www.fema.gov/sites/default/files/documents/fema_fy-22-mitigation-action-portfolio.pdf https://www.dol.gov/general/good-jobs https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance

• 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% of the total amount of the grant award, of which not more than 10% of the total award amount may be used by the recipient and 5% 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.

i. BRIC Direct Technical Assistance FEMA has implemented an initiative, BRIC Direct Technical Assistance (BRIC DTA), to support the development of climate resilience planning and project design in, and with, underserved and/or disadvantaged communities, and federally recognized tribal governments that are disproportionately affected by natural hazard risk and climate change. Eligible recipients of non-financial direct technical assistance provided through BRIC DTA are federally recognized tribal governments and any local government entities, as defined in Section 102(8) of the Stafford Act (42 § U.S.C. 5122(8)), including, but not limited to, tribal governments, cities, towns/townships, parishes, boroughs, counties, special district governments, metropolitan or regional planning organizations, and other political subdivisions of a state. Federally recognized tribal governments and local governments interested in receiving technical assistance can find more information at https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance.

As a prerequisite to eligibility, FEMA requires that technical assistance recipients identify at least two potential Community Partners (as described in the Letter of Interest instructions) to generate deeper community engagement, including from a disadvantaged community or communities as identified by the Climate and Economic Justice Screening Tool (CEJST).

These Community Partner organizations may be from within or outside the government and may include other departments with the same government agency, nonprofits, and community-based organizations, labor unions, advocacy groups, chambers of commerce, major employers or anchor institutions, and philanthropic organizations.

FEMA will prioritize assistance for eligible entities that request technical assistance support for resilience or mitigation activities within, or that primarily benefit, a Justice40 community, including a Federally Recognized Tribe or Tribal entity or disadvantaged community or communities as identified by the Climate and Economic Justice Screening Tool (CEJST), an Economically Disadvantaged Rural Community (as defined in 42 U.S.C. § 5133(a) as a small impoverished community), or a Community Disaster Resilience Zone (as defined in 42 U.S.C. § 5136(a)(1)). FEMA will also prioritize requests that focus on nature-based solutions and building code adoption and/or enforcement. Eligible entities can request BRIC DTA support via a Letter of Interest (LOI) at BRIC Direct Technical Assistance.

https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources 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 https://toolkit.climate.gov/tool/climate-and-economic-justice-screening-tool https://toolkit.climate.gov/tool/climate-and-economic-justice-screening-tool https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance

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 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 communities5, who might be at heightened risk from 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) 2021-2023 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 BRIC aims to shift the focus of federal investments away from reactive, post-disaster spending and toward research-supported, proactive investments in community resilience.

These investments aim to reduce future disaster losses, including loss of life and property as well as future spending from the Disaster Relief Fund (DRF). BRIC focuses on cost-effective mitigation measures including protecting public infrastructure so that critical services can withstand or more rapidly recover from future disasters, as well as other projects and

5 “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 activities to increase resilience throughout the nation. Through BRIC, FEMA can engage state, local, tribal, and territorial partners in enhancing climate resilience and adaptation through systems-based, community-wide investments. FEMA is including new provisions to implement the Community Disaster Resilience Zones Act, a new law which aims to direct public and private resilience investments in communities that are most vulnerable to natural hazards.

In accordance with the program’s guiding principles, the Justice40 Initiative established in EO 14008,6 and addressed in subsequent guidance,7 8 BRIC will prioritize assistance to disadvantaged or Justice40 communities to reduce or eliminate gaps in capacity to build resilience and reduce risk exposure.

• Program Objectives:

o Increase climate literacy among the emergency management community, including awareness of natural hazard risks and knowledge of best practices for mitigation (Strategic Objective 2.1) o Increase awareness of stakeholders and partners with capabilities to support mitigation, preparedness, response, and recovery. (Strategic Objective 3.1) o More innovative risk-informed mitigation projects are developed and completed, including multi-hazard resilience or nature-based solutions (Strategic Objective 2.3) o Communities identify and mitigate the risks to natural hazards and their own threats from climate change. (Strategic Objective 2.2) o FEMA directs increased resources to eliminate disparities in equitable outcomes across underserved communities (Strategic Objectives 1.2 & 1.3)

c. Priorities

For FY 2023, the priorities for the program are to incentivize natural hazard risk reduction activities to include those that address multi-hazards 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.

FEMA acknowledges the adoption and enforcement of building codes, specifications, and/or standards as an important mitigation activity that provides significant resilience benefits.

Therefore, BRIC has dedicated additional funds through a State/Territory and Tribal Building Codes Plus Up for FY 2023 to carry out eligible building code adoption and enforcement activities. Additionally, in future BRIC grant cycles, FEMA may increase its emphasis on

6 E.O. 14008 Tackling the Climate Crisis at Home and Abroad § 223, available at https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad.

7 Interim Implementation Guidance for the Justice40 Initiative, available at https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.

8 Addendum to the Interim Implementation Guidance for the Justice40 Initiative, available at https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf.

https://www.fema.gov/flood-maps/products-tools/national-risk-index/community-disaster-resilience-zones https://www.fema.gov/flood-maps/products-tools/national-risk-index/community-disaster-resilience-zones https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf building codes criteria. The additional dedicated funds and the increased emphasis on building codes criteria in the future are activities FEMA is committing to as it helps to lead and support the National Initiative to Advance Building Codes (NIABC)9. BRIC eligible activities and construction requirements exemplify priorities under the NIABC that help state, local, Tribal, and territorial governments adopt the latest climate resilient codes and standards; ensure building projects follow modern codes and standards to the greatest extent feasible; and enhance outreach, technical assistance, and capacity building on building codes.

BRIC encourages hazard mitigation projects that meet multiple program priorities.

11. Performance Measures The BRIC program supports risk reduction of both acute events and chronic stressors, exacerbated by natural hazard risk and climate change, which are either observed or expected.

The following key performance indicators provide strategic and relevant information to decisionmakers and stakeholders about BRIC’s progress and success toward achieving goals and objectives, and are based on metrics that are available or could be feasibly collected:

• Total number and population size of communities supported by direct technical assistance

• Percent of federal dollars spent in or otherwise benefiting Justice40 communities (output / operational indicator available through FEMA GO and the Climate and Economic Justice Screening Tool (CEJST)

• Dollar amount of total expected benefits (medium-term outcome indicator based on Benefit-Cost Analysis submitted in applications in FEMA Grants Outcomes (FEMA

GO))

• Dollar amount of losses avoided in projects or communities funded by BRIC subapplications (long-term outcome indicator, will require post-disaster analysis, or a case study approach in lieu of post-disaster, pending completion of evaluability assessment).

FEMA recognizes that many effective resilience solutions, such as nature-based solutions, yield critical benefits that are not monetizable. As such, FEMA notes that these KPIs are not determinative of whether an application to the BRIC program is selected for funding. FEMA’s Learning Agenda has identified evidence gaps in achieving the agency’s strategic goals and will address these through the research questions and data projects, in accordance with the requirements and best practices of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act).

Note: BRIC grants also contribute to the “Percent of communities in high-risk areas for earthquake, flood and wind-hazards, adopting current or next most current hazard-resistant building codes” Government Performance and Results Act (GPRA) performance measure, 9 https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-building-codes-improve-climate-resilience-and-reduce-energy-costs/ https://toolkit.climate.gov/tool/climate-and-economic-justice-screening-tool https://toolkit.climate.gov/tool/climate-and-economic-justice-screening-tool https://www.fema.gov/about/strategic-plan/appendices/learning-agenda https://www.fema.gov/about/strategic-plan/appendices/learning-agenda https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-building-codes-improve-climate-resilience-and-reduce-energy-costs/ https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-building-codes-improve-climate-resilience-and-reduce-energy-costs/ tracked by the Building Science Division as part of FEMA’s Strategic Objective 2.2 Build a climate resilient nation.

B. Federal Award Information

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

• State/Territory Allocation Subtotal: $ 112,000,000

• Tribal Set-Aside Subtotal: $ 50,000,000

• State/Territory Building Code Plus-Up Subtotal: $ 112,000,000

• Tribal Building Code Plus-Up Subtotal: $ 25,000,000

• National Competition Subtotal: $ 701,000,000

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

• 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 Capability and Capacity Building activities and/or hazard mitigation projects. The combined cost for any Capability and Capacity Building 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 (Capability and Capacity Building activity or hazard mitigation project) for the state/territory allocation must not exceed $2,000,000 federal cost share.

• A total of $1,500,000 of the state/territory allocation must be used for Capability and Capacity Building activities per applicant.

• A minimum of $400,000 must be used on any combination of Capability and Capacity Building activities and projects primarily benefiting Community Disaster Resilience Zones

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

Tribal Set-Aside Activity Caps $ 50,000,000

• The combined cost for any Capability and Capacity Building activities under the tribal set-aside must not exceed $2,000,000 federal cost share per applicant.

Additionally, the applicant’s highest ranked subapplication (Capability and Capacity Building 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% of any subapplication may be used for information dissemination activities, including public awareness and education (brochures, workshops, videos, etc.) related to a proposed Capability and Capacity Building activity or hazard mitigation project.

• In the event that more than $50,000,000 in subapplications is submitted under the tribal set-aside, the Capability and Capacity Building 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.

State/Territory Building Code Plus-Up $ 2,000,000

• The maximum allocation for a state or territory under this category is $2,000,000, to carry out eligible building code adoption and enforcement activities such as o Evaluate adoption and/or implementation of codes that reduce risk o Enhance existing adopted codes to incorporate more current requirements or higher standards o Develop professional workforce capabilities relating to building codes through technical assistance and training

• Activities under this category should enable the adoption and enforcement of building codes based on both the International Building Code (IBC) and the International Residential Code (IRC) model codes published by the International Code Council (ICC) either through Mandatory State-Wide or Territory Building Code Adoption Requirement or via Local Code Adoption Requirement (2018 or 2021 versions of IBC and IRC). For any consensus-based codes, specifications, or standards used to carry out these activities, the two most recently published editions may be used.

• Building code plus-up funds may only be applied to eligible building code activities and may not be used for other BRIC eligible projects or activities. Funds not allocated to eligible building codes activities will result in loss of funds.

Tribal Building Code Plus-Up $ 25,000,000

• The maximum total selection for the Tribal Building Code Plus-Up is $25,000,000, to carry out eligible building code adoption and enforcement activities such as o Evaluate adoption and/or implementation of codes that reduce risk o Enhance existing adopted codes to incorporate more current requirements or higher standards o Develop professional workforce capabilities relating to building codes through technical assistance and training

• Activities under this category should enable the adoption and enforcement of building codes based on both the International Building Code (IBC) and the International Residential Code (IRC) model codes published by the International Code Council (ICC) either through Mandatory State-Wide or Territory Building Code Adoption Requirement or via Local Code Adoption Requirement (2018 or 2021 versions of IBC and IRC). For any consensus-based codes, specifications, or standards used to carry out these activities, the two most recently published editions may be used.

• Building code plus-up funds may only be applied to eligible building code activities and may not be used for other BRIC eligible projects or activities. Funds not allocated to eligible building codes activities will result in loss of funds.

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% 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, justified, and approved by FEMA.

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

FEMA awards under most programs, including this program, only include one budget period, so it will be the 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 specified 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 an agency of their choice 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. 10 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.

10 As discussed below, disadvantaged or Justice40 communities include all Federally Recognized Tribes and Tribal entities, as well as all census tracts identified as disadvantaged pursuant to the Climate and Economic Justice Screening Tool (CEJST) created pursuant to EO 14008. See: https://screeningtool.geoplatform.gov/en.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.1 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://screeningtool.geoplatform.gov/en

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.

Federally recognized tribal governments who wish to apply as subapplicants rather than as applicants directly to FEMA, must submit to their applicant agency. State Hazard Mitigation Officers will be able to provide more information and answer questions on the subapplication process.

The State Hazard Mitigation Officer is available for more information on the subapplication process. Contact information for the State Hazard Mitigation Officers 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 Robert T.

Stafford Disaster Relief and Emergency Assistance Act in the seven 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 2023.

• Federally recognized tribal governments that have had a major disaster declaration under the Stafford Act in the seven years prior to the annual application period start date or are entirely or partially located in a state or territory that has had a major disaster declaration in the seven 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 and territories. As a result of numerous major disaster declarations, all federally recognized Tribal governments are eligible to apply in FY 2023.

• Local governments are eligible to apply to eligible states and territories for federal assistance under BRIC (subapplicants).

• Individuals, businesses, and nonprofit 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 nonprofit 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 Capability and Capacity Building 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 https://www.fema.gov/grants/mitigation/state-contacts https://www.fema.gov/disaster/stafford-act https://www.fema.gov/disaster/stafford-act 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 2011 Local Mitigation Plan Review Guide, or 2022 Local Mitigation Planning Policy Guide, as applicable.

• To be considered for financial assistance, all applicants must submit their FY 2023 BRIC grant applications to FEMA via FEMA GO (see Section D, Application and Submission Information).

3. Other Eligibility Criteria/Restrictions

• All activities under BRIC must be in conformance with all criteria established by FEMA that are specific to the proposed activity, found in the 2023 Hazard Mitigation Assistance Program and Policy Guide (HMA Guide).

• All activities under BRIC must be in conformance with all applicable environmental planning and historic preservation (EHP) laws, regulations, executive orders, and agency policies as defined in the HMA Guide, Part 4, G. Environmental and Historic Preservation Requirements.

• All activities under BRIC must be in conformance with all applicable federal, state, Tribal, and local floodplain and land use laws and regulations as defined in the HMA Guide.

• Hazard mitigation projects should focus on building resilient communities and when possible reduce climate effects by incentivizing investments in greenhouse-gas reduction strategies, such as the use of low-carbon materials, and low-carbon and net-zero energy projects through implementation of the Inflation Reduction Act of 2022 (IRA) as explained in FEMA’s implementation memorandum11.

• 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 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 as defined in the HMA Guide, Part 5. Cost- Effectiveness and Section 11.a. of this NOFO. FEMA Benefit Cost Analysis (BCA) development assistance is available for Economically Disadvantaged Rural Communities, Federally recognized Tribal governments and Community Disaster Resilience Zones. Section 11.a. includes streamlined procedures for projects under $1,000,000.

11 Implementation of Inflation Reduction Act Section 70006(1) for FEMA Public Assistance and Hazard Mitigation Assistance Programs, available at fema_inflation-reduction-act-implementation-memo_032023.pdf.

https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.congress.gov/bill/117th-congress/house-bill/5376/text https://www.congress.gov/bill/117th-congress/house-bill/5376/text https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/sites/default/files/documents/fema_inflation-reduction-act-implementation-memo_032023.pdf

• Hazard mitigation projects must, at a minimum, be in conformance with the two latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs. If the hazard mitigation project is located in a Special Flood Hazard Area, it must meet all of the following conditions:

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

o 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.

o The project complies with any FEMA directive or policy implementing the Federal Flood Risk Management Standards (FFRMS) as defined in the o the HMA Guide, Part 4, I. Federal Flood Risk Management Standards – Partial.

• FEMA encourages the use of environmentally friendly construction practices when completing BRIC hazard mitigation projects. In particular, FEMA encourages that BRIC projects follow the FEMA building materials program and consider the use of low carbon materials and the development of low-carbon and net-zero energy projects, as defined in the FEMA’s Inflation Reduction Act Implementation memorandum.

o When subapplications include eligible low-carbon materials, FEMA encourages that these materials follow the definition of low-carbon materials presented in the Inflation Reduction Act Implementation Memorandum for FEMA Public Assistance and Hazard Mitigation Assistance Programs.

o Subrecipients should ensure that federally funded infrastructure investments reduce life cycle emissions of construction materials, specifically concrete, asphalt, glass, steel, and assemblies comprised of at least 80% of these materials.

o Subrecipients should request disclosure of Environmental Product Declarations (EPD) and provide these so FEMA may evaluate eligibility. A product-specific Type III (third-party verified) EPD must be shown and reported in a third-party dataset, such as the Embodied Carbon in Construction Calculator (EC3), and could be used to evaluate the eligibility of these lower-carbon materials. See the FEMA Inflation Reduction Act Implementation memorandum for additional information.

• 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. However, under the Hazard Eligibility and Local Projects (HELP) Act (see Pub. L. No. 117-332), FEMA may provide assistance for certain acquisition and demolition projects when the implementation started after January 3, 2023. To be eligible, the project must also:

o Qualify for a categorical exclusion under National Environmental Policy Act;

o Be compliant with applicable floodplain management and protection of wetland regulations and criteria;

o Not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances;

https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/sites/default/files/documents/fema_inflation-reduction-act-implementation-memo_032023.pdf https://www.fema.gov/sites/default/files/documents/fema_inflation-reduction-act-implementation-memo_032023.pdf https://www.buildingtransparency.org/ https://www.buildingtransparency.org/ https://www.fema.gov/sites/default/files/documents/fema_inflation-reduction-act-implementation-memo_032023.pdf https://www.fema.gov/sites/default/files/documents/fema_inflation-reduction-act-implementation-memo_032023.pdf https://www.congress.gov/117/plaws/publ332/PLAW-117publ332.pdf https://www.fema.gov/emergency-managers/practitioners/environmental-historic/laws/nepa o Must comply with all other…