FY 2023 FMA NOFO_final.pdf

FY 2023 FMA NOFO Back to the Top

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

Fiscal Year 2023 Flood Mitigation Assistance

SUMMARY OVERVIEW OF KEY INFORMATION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD

MITIGATION ASSISTANCE (FMA)

Program Overview

The Flood Mitigation Assistance (FMA) grant program makes federal funds available to states, U.S. territories, federally recognized Tribal governments,1 and local governments to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP), and within NFIP-participating communities. It does so with a recognition of the growing flood hazards associated with climate change,2 and of the need for flood hazard risk mitigation activities that promote climate adaptation, equity, and resilience with respect to flooding. 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. From Fiscal Year (FY) 1996 to FY 2019, FMA obligated over $1.5 billion in federal cost share mitigating over 8,000 properties insured by the NFIP

Goals and Objective

The purpose of the FMA program is to reduce or eliminate the flood risk of repetitive flood damage to structures and buildings insured by the NFIP, and to enhance community flood resilience within NFIP-participating communities.

Eligible Projects

The FMA grant program funds three types of activities and projects:

Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation Projects

Deadlines Application Start Date: 10/16/2023 Applicants Who Experience System-Related Issues Deadline: 02/27/2024 at

3:00 PM ET

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

Funding Amount

Available Funding for the NOFO: $800,000,000

• Capability and Capacity Building Activities subtotal: $60,000,000

• Localized Flood Risk Reduction Projects subtotal: $520,000,000

• Individual Flood Mitigation Projects subtotal: $220,000,000

Eligible Applicants

• States

• District of Columbia

• U.S. territories

1 The term “federally recognized Tribal government,” as used in this funding opportunity, has the same meaning as “Indian Tribal government,” as defined at 44 C.F.R. § 77.2(f).

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).

• Federally recognized Tribal governments Cost Share Capability and Capacity Building Activities federal cost share options:

• Up to 90% federal cost share funding if the average Centers for Disease Control and Prevention (CDC) Social Vulnerability Index (SVI) score is not less than 0.5001 for the benefiting area(s) substantiated by a benefiting area map, and the activity must be funded by Bipartisan Infrastructure Law (BIL). FEMA will determine the CDC SVI score using the following three SVI themes:

Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Or

• Up to 75% federal cost share funding if a higher federal cost share is not available.

Localized Flood Fisk Reduction Projects federal cost share options:

• Up to 90% federal cost share funding if the average CDC SVI score is not less than 0.5001 for the project benefiting area containing NFIP-insured properties, and the activity must be funded by the BIL.

FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Or

• Up to 75% federal cost share funding if a higher cost share is not available.

Individual Flood Mitigation Projects federal share options:

• Up to 100% federal cost share funding for FMA defined Severe

Repetitive Loss (SRL) (B)(i) or (B)(ii) properties in 42 U.S.C. § 4104c(h)(3). Or

• Up to 90% federal cost share funding for FMA defined Repetitive Loss (RL) properties in 42 U.S.C. § 4121(a)(7). Or

• Up to 90% federal cost share funding for each NFIP-insured property located within a census tract with a CDC SVI score is not less than 0.5001, and the activity must be funded by the BIL. FEMA will determine the CDC SVI score using the following three SVI themes:

Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Or

• Up to 75% federal cost share funding if a higher federal cost share is not available.

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.

https://sam.gov/content/entity-registration 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:

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: $800,000,000

2. Projected Number of Awards: 40 awards; 725 subawards

3. Period of Performance: 36 months

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

5. Projected Period of Performance End Date(s): 36 months for all projects from date of award unless otherwise approved by FEMA

6. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Other Eligibility Criteria

5. Cost Share or Match

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

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 the Organization to the System, and Establish the AOR:

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. Acquisition Project Requirements

c. Go/No-Go Milestones

d. National Environmental Policy Act Requirement for Hazard Mitigation Projects ... 29

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

d. Indirect Facilities & Administrative (F&A) Costs

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

b. Financial Integrity Criteria

c. Supplemental Financial Integrity Criteria and Review

2. Review and Selection Process

a. Selection Order

b. Selection Status

c. Request for Reconsideration

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

c. FEMA Regional Offices

d. Equal Rights

e. Environmental Planning and Historic Preservation

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

d. Procurement Documentation

7. Financial Assistance Programs for Infrastructure

a. Build America, Buy America Act Waivers 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

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 (HMA) Division

2. Assistance Listings Number 97.029

3. Assistance Listings Title Flood Mitigation Assistance

4. Funding Opportunity Title Fiscal Year 2023 Flood Mitigation Assistance

5. Funding Opportunity Number

DHS-23-MT-029-000-98

6. Authorizing Authority for Program Section 1366 of The National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (codified as amended at 42 U.S.C. § 4104c); and Division J, Title V of the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58), 135 Stat. 1387–1388 (2021).

7. Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2023, Pub. L. No. 117-328; and Division J, Title V of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, 135 Stat. 1387–1388 (2021).

8. Announcement Type Initial

9. Program Category Mitigation: Natural Hazards

10. Program Overview, Objectives, and Priorities

a. Overview

The Flood Mitigation Assistance (FMA) grant program makes federal funds available to states, U.S. territories, federally recognized Tribal governments,3 and local governments to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP), and within NFIP-participating communities. It does

3 The term “federally recognized Tribal government,” as used in this funding opportunity, has the same meaning as “Indian Tribal government,” as defined at 44 C.F.R. § 77.2(f).

so with a recognition of the growing flood hazards associated with climate change,4 and of the need for flood hazard risk mitigation activities that promote climate adaptation, equity, and resilience with respect to flooding. 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. From Fiscal Year (FY) 1996 to FY 2019, FMA obligated over $1.5 billion in federal cost share mitigating over 8,000 properties insured by the NFIP.

The FMA grant program aligns with the 2020-2024 DHS Strategic Plan through pursuing Goal 5: Strengthen Preparedness and Resilience. Specifically, Objective 5.1: Build a National Culture of Preparedness has several sub-objectives that the FMA program supports. FMA 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 activities and projects, particularly ones that reduce risk to NFIP-insured structures. Additionally, FMA’s Capability and Capacity Building Activities 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 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. Most notably, the FMA 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. FMA also supports the National Mitigation Investment Strategy and the FIMA FY 2021-2023 Mitigation Strategy by advancing mitigation investment to reduce risks posed by natural hazards and increasing the nation’s resilience to natural hazards.

Awards made under this Notice of Funding Opportunity (NOFO) will be funded, in whole or in part, with funds appropriated by the Infrastructure Investment and Jobs Act (IIJA) Pub. L. No.

117-58, 135 Stat. 1387–1388 (2021), also 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.

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).

https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 https://www.fema.gov/about/strategic-plan

BIL authorizes FMA to provide an increased federal cost share for an NFIP property that is located within a census tract with a Centers for Disease Control and Prevention (CDC) Social Vulnerability Index (SVI) score of not less than 0.5001, and the activity is funded by BIL.

FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Refer to Section C.4, Cost Share or Match of this funding opportunity.

b. Objectives

The purpose of the FMA program is to reduce or eliminate the flood risk of repetitive flood damage to structures and buildings insured by the NFIP, and to enhance community flood resilience within NFIP-participating communities.

c. Priorities

The FMA grant program funds three types of activities and projects: Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation Projects. FMA encourages flood mitigation projects that will benefit multiple properties located in an NFIP-participating community.5

In addition, FMA aims to incentivize flood mitigation activities and projects that advance equity (see Executive Order 14091: Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government) and that will benefit disadvantaged communities as referenced in Executive Order (EO) 14008: Tackling the Climate Crisis at Home and Abroad.

In implementing the Administration’s Justice40 Initiative, established in EO 14008 and discussed in subsequent guidance, the FMA program will be identifying a disadvantaged community, also referred to as a Justice40 Community, using version 1.0 of the Climate and Economic Justice Screening Tool (CEJST). Justice40 Communities are considered disadvantaged if they are in census tracts that meet the thresholds for at least one of the tool’s categories of burden, or if they are on lands within the boundaries of a federally recognized Tribal government. In addition, census tracts that are completely surrounded by disadvantaged communities are also considered disadvantaged if they meet an adjusted low-income threshold (at or above the 50th percentile). Justice40 Communities have been marginalized by society, overburdened by pollution, and/or underserved by infrastructure and other basic services. More information about the CEJST methodology, datasets, and downloadable files can be found on the CEJST website at https://screeningtool.geoplatform.gov.

11. Performance Measures

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

• Total number of NFIP-insured properties selected that are FMA and/or NFIP defined Severe Repetitive Loss (SRL), Repetitive Loss (RL), and Substantially Damaged.

5 NFIP participating community information can be found via the Community Status Book at https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book.

https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://www.federalregister.gov/documents/2023/02/22/2023-03779/further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal

• Total federal cost share funding invested in or benefitting Justice40 Communities identified using version 1.0 of the Climate and Economic Justice Screening Tool

(CEJST).

• Total dollar amount of flood losses avoided in projects or communities funded by FMA subapplications.

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 key performance indicators are not determinative of whether an application to the FMA grant program is selected for funding.

FEMA will further assess the recipient’s performance against the program objective during the award closeout process as outlined in Section F.3.c of this funding opportunity.

B. Federal Award Information

1. Available Funding for the NOFO: $800,000,000

a) Capability and Capacity Building Activities subtotal: $60,000,000

b) Localized Flood Risk Reduction Projects subtotal: $520,000,000

c) Individual Flood Mitigation Projects subtotal: $220,000,000

2. FEMA will distribute the available FY 2023 FMA funding amount and federal activity cap as follows:

a. Capability and Capacity Building Activities

a. FEMA will select up to $60,000,000 Capability and Capacity Building Activities to develop future Localized Flood Risk Reduction Projects and/or Individual Flood Mitigation Projects that will subsequently reduce flood claims against the

NFIP.

i. Capability and Capacity Building Activities will be prioritized and selected according to the following hierarchical order: Mitigation Plans under 42 U.S.C. § 4104c(c)(3)(F); Technical Assistance by States to Communities under 42 U.S.C. § 4104c(c)(3)(J); Project Scoping; and Additional Capability and Capacity Building Activities (Partnership Development to Conduct Eligible Mitigation Activities; Enhancing Local Floodplain Management; Severe Repetitive Loss (SRL)/Repetitive Loss (RL) Strategy Development; and other eligible Capability and Capacity Building Activities under 42 U.S.C. § 4104c(c)(3)(G)).

ii. For more information, refer to the Capability and Capacity Building Activities Fact Sheet at https://www.fema.gov/grants/mitigation/floods/fma-resources.

b. Capability and Capacity Building Activities federal activity cap per subapplication are:

i. $100,000 for Mitigation Plans under 42 U.S.C. 4104c(c)(3)(F) per Applicant with maximums of:

https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://www.fema.gov/grants/mitigation/floods/fma-resources

1. $50,000 for state mitigation plan

2. $25,000 for local mitigation plan

ii. $50,000 for Technical Assistance by States to Communities (42 U.S.C.

4104c(c)(3)(J))

iii. $900,000 for Project Scoping

iv. $300,000 for Additional Capability and Capacity Building Activities (Partnership Development to Conduct Eligible Mitigation Activities, Enhancing Local Floodplain Management, SRL/RL Strategy Development, and other eligible Capability and Capacity Building Activities under 42 U.S.C. 4104c(c)(3)(G)).

b. Localized Flood Risk Reduction Projects

a. FEMA will select up to $520,000,000 of Localized Flood Risk Reduction Projects that address community flood risk for the purpose of reducing NFIP flood claim payments.

i. For more information, refer to the Localized Flood Risk Reduction Projects Fact Sheet at https://www.fema.gov/grants/mitigation/floods/fma-resources and to the 2023 Hazard Mitigation Assistance Program and Policy Guide.

b. Localized Flood Risk Reduction Projects federal activity cap per subapplication is $50,000,000 per project.

c. Individual Flood Mitigation Projects

a. FEMA will select at least $220,000,000 of Individual Flood Mitigation Projects that mitigate the risk of flooding to individual NFIP insured structures.

b. Individual Flood Mitigation Projects do not have a federal activity cap.

d. Funding for Applicant Management Costs is included in each of the priority funding caps provided for Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation Project caps. Applicants are authorized to receive up to 10% of the awarded activities. For more information, see Section I, Management Costs of this funding opportunity.

e. For more information on FY 2023 FMA funding priorities and eligible activities, see Section E, Application Review Information, Review, and Selection Process of this funding opportunity.

f. For more information about uses of assistance under FMA, including how to submit various project types in FEMA Grants Outcomes (FEMA GO), refer to FMA resources at https://www.fema.gov/grants/mitigation/floods/fma-resources.

2. Projected Number of Awards: 40 awards; 725 subawards https://www.fema.gov/grants/mitigation/floods/fma-resources https://www.fema.gov/grants/mitigation/floods/fma-resources 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/floods/fma-resources

3. Period of Performance: 36 months

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

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

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.”

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

5. Projected Period of Performance End Date(s): 36 months for all projects from date of award unless otherwise approved by

FEMA

6. 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 FMA funding. The designee is strongly encouraged to conduct outreach with disadvantaged communities as referenced in Executive Order 14008 prior to and during the application process. Each applicant’s designated agency may submit only one FMA grant application to FEMA.

Communities, including local governments, cities, townships, counties, special district governments, and Tribal governments (including federally recognized Tribes who choose to apply as subapplicants), are considered subapplicants and must submit subapplications to their state/territory/Tribal applicant agency. Certain political subdivisions (for example, regional flood control districts or county governments) may apply and act as subapplicants if they are part of a community participating in the NFIP where the political subdivision provides zoning and building code enforcement or planning and community development professional services for that community. Subapplications under which two or more entities would carry out the award are https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad eligible, such as a multi-state or multi-Tribal initiative; however, only one entity may be the subapplicant with primary responsibility for carrying out the award. Contact information for the State Hazard Mitigation Officers is provided on the FEMA website at https://www.fema.gov/grants/mitigation/state-contacts.

2. Applicant Eligibility Criteria

• All applicants and subapplicants must be participating in the NFIP, and not be withdrawn, on probation, or suspended. NFIP community status can be verified at https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book.

• Structures eligible for Individual Flood Mitigation Projects must have an NFIP policy (including a Group Flood Insurance Policy [GFIP]) in effect prior to the opening of the application period and the policy must be maintained throughout the life of the structure. The requirement of maintaining flood insurance shall apply during the life of the property, regardless of transfer of ownership of such property. If the subapplicant does not comply with this requirement, FEMA may take one or more actions as remedies for noncompliance, as appropriate. This could include disallowing all or part of the cost of the activity or action not in compliance. For more information, see 44 C.F.R. § 77.6.

• Applicants are required to have a FEMA-approved State 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 the award. More detailed information is provided in Part 4.

Eligibility and Requirements, C. Hazard Mitigation Plan Requirements, of the 2023 Hazard Mitigation Assistance Program and Policy Guide at https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance

• 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 Capability and Capacity Building Activities, Localized Flood Risk Reduction Project, and Individual Flood Mitigation Project subapplications. Capability and Capacity Building Activities' Mitigation Plans subapplications are exempt from the hazard mitigation plan requirement for subapplicants only. Mitigation plan integration, while not required to be eligible for FMA, is encouraged. For additional information, refer to section H.14 of this funding opportunity. Local hazard mitigation plans must conform to the Local Plan Review Guide, or any subsequent local mitigation planning guide that supersedes it.

• To be considered for financial assistance, all applicants must submit their FY 2023 FMA grant applications to FEMA via FEMA GO. Refer to Section D, Application and Submission Information of this funding opportunity.

3. Other Eligibility Criteria

• All activities under FMA must be in conformance with all criteria established by FEMA that is specific to the proposed activity found in the 2023 Hazard Mitigation Assistance Program and Policy Guide. All subapplications submitted under the Capability and Capacity Building Activities priority must demonstrate that the Capability and Capacity Building Activities will reduce flood claims against the NFIP. Capability and Capacity Building Activities should result in a resource, https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance strategy, or tangible mitigation product that will reduce or eliminate risk and damage from future flooding and increase community resilience.

• All Capability and Capacity Building Activities Localized Flood Risk Reduction Project subapplications, and Individual Flood Mitigation Project subapplications submitted as part of an FMA grant application must be consistent with the goals and objectives identified in the current, FEMA-approved State or Tribal (Standard or Enhanced) Mitigation Plan and the local mitigation plan for the jurisdiction in which the project is located. Hazard Mitigation Plans should reflect state-wide mitigation priorities across all potential federal and non-federal mitigation funding sources.

Current mitigation plans are not required for applicants and subapplicants submitting Capability and Capacity Building Activities’ Mitigation Plans subapplications to develop a new mitigation plan or to update a mitigation plan.

• On April 19, 2022, FEMA updated the State and Local Mitigation Planning Policy Guides (policies). On April 19, 2023, they went into effect. This means that all state and local mitigation plans must meet the updated requirements. For instance, it is required that state plans weigh equity and the impacts of climate change. FMA funding can be used for mitigation planning grants, with a focus on integrating equity, climate impacts, and floodplain management. For more information on funding and designing the mitigation planning process to integrate floodplain management planning and maximize Community Rating System Activity 510 points, refer to Mitigation Planning and the Community Rating System: Key Topics Bulletin (fema.gov), and the Local Hazard Mitigation Plan and Community Rating System Crosswalk Starter Kit in the Local Mitigation Planning Handbook (fema.gov). For more information on requirements for approved mitigation plans, States should refer to the State Mitigation Planning Policy Guide (FP 302-094-2, April 19, 2022). Local governments should refer to the Local Mitigation Planning Policy Guide (FP-206-21-0002, April 19, 2022). Tribal governments should refer to the Tribal Mitigation Plan Review Guide (December 2017) (https://www.fema.gov/sites/default/files/2020-06/fema-tribal-mitigation-plan-review-guide_12-05-2017.pdf).

• All subapplications submitted under the Capability and Capacity Building Activities

- Project Scoping and Additional Capability and Capacity Building Activities priorities, and Localized Flood Risk Reduction Project priority (see Section E, Application Review Information, of this funding opportunity) must demonstrate that the proposed project benefits NFIP insured properties by submitting a map and associated geospatial file(s) (e.g., shapefile, Keyhole Markup Language (KML/KMZ), geodatabase, list of census tracts, or other geo-enabled documents) delineating: the proposed project area or footprint boundary, and for Localized Flood Risk Reduction Projects only the benefiting area in alignment with Hydrologic and Hydraulic modelling as available except for Phased Project: Phase I.

• The map and associated geospatial file(s) will be used to determine if a project benefits or primarily benefits Justice40 communities. Justice40 communities are defined at the census tract level, but many project benefitting areas are located across multiple census tracts, either partially or fully.

https://www.fema.gov/sites/default/files/2020-06/fema-mitigation-planning-and-the-community-rating-system-key-topics-bulletin_10-1-2018.pdf https://www.fema.gov/sites/default/files/2020-06/fema-mitigation-planning-and-the-community-rating-system-key-topics-bulletin_10-1-2018.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-handbook_052023.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-handbook_052023.pdf https://www.fema.gov/sites/default/files/documents/fema_state-mitigation-planning-policy-guide_042022.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf https://www.fema.gov/sites/default/files/2020-06/fema-tribal-mitigation-plan-review-guide_12-05-2017.pdf https://www.fema.gov/sites/default/files/2020-06/fema-tribal-mitigation-plan-review-guide_12-05-2017.pdf https://www.fema.gov/sites/default/files/2020-06/fema-tribal-mitigation-plan-review-guide_12-05-2017.pdf https://www.fema.gov/sites/default/files/documents/fema_state-local-mitigation-planning-policy-guide-faqs.pdf#:~:text=The%20State%20and%20Local%20Mitigation%20Planning%20Policy%20Guides,which%20are%20required%20for%20certain%20FEMA%20non-emergency%20assistance.

• Although these tools should not be used to determine eligibility, subapplicants may use the Resilience Analysis and Planning Tool (RAPT)—which encompasses geospatial layers including National Risk Index (NRI) and Justice40—to understand the population impacted by a proposed project, delineate the area benefitting, and translate between census tract geographies identified by Justice40.

• Subapplicants may include narrative descriptions of population benefitting to supplement the data and shapefile provided, particularly in rural areas with limited population data or for projects benefitting geographically dispersed populations.

• For Capability and Capacity Building Activities, if a proposed benefiting area map is not provided, FEMA will default to the subapplicant jurisdiction to determine NFIP benefits, and CEJST for prioritization.

• All structure elevation, mitigation reconstruction, and dry floodproofing projects;

and all projects where HMA funds are used for new construction, substantial improvement, or to address substantial damage to structures6 must meet the minimum standards of FEMA’s partial implementation of the Federal Flood Risk Management Standards (FFRMS).7

• If a state, local, Tribal, or territorial government, or federal agency has adopted a higher standard applicable to the specific project, FEMA will require the higher standard.8

• See EO 14030, Climate-Related Financial Risk and the 2023 Hazard Mitigation Assistance Program and Policy Guide.

• Subapplicants can direct any questions about the proposed hazard mitigation project’s location in the floodplain to their local floodplain manager and/or State Hazard Mitigation Officers. Contact information for the State Hazard Mitigation Officers is provided on the FEMA website at http://www.fema.gov/state-hazard-mitigation-officers.

• When eligible 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. Subapplicants should address cybersecurity in their planning, design, and

6 Refer to 44 CFR § 9.4 for the definitions of “new construction” and “substantial improvement;” Refer to 44 CFR § 59.1 for the definition of “substantial damage.”

7 Refer to the Hazard Mitigation Assistance Program and Policy Guide, Part 4, I. Federal Flood Risk Management Standards – Partial.

8 Under 44 CFR § 9.11(d)(6), no action may be taken if it is inconsistent with the criteria of the National Flood Insurance Program (44 CFR part 59 et seq.) or any more restrictive Federal, State, or local floodplain management standards.

https://www.federalregister.gov/documents/2021/05/25/2021-11168/climate-related-financial-risk https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance http://www.fema.gov/state-hazard-mitigation-officers https://www.cisa.gov/control-systems-goals-and-objectives https://www.cisa.gov/control-systems-goals-and-objectives https://www.ecfr.gov/current/title-44/section-9.4 https://www.ecfr.gov/current/title-44/chapter-I/subchapter-A/part-9#p-9.4(New%20Construction) https://www.ecfr.gov/current/title-44/chapter-I/subchapter-A/part-9#p-9.4(Substantial%20Improvement) https://www.ecfr.gov/current/title-44/chapter-I/subchapter-B/part-59/subpart-A/section-59.1 https://www.ecfr.gov/current/title-44/chapter-I/subchapter-B/part-59/subpart-A/section-59.1#p-59.1(Substantial%20damage) project oversight for awards that include a technology nexus that may pose a cyber risk that would affect the reliability or operability of project.

• FEMA encourages the use of environmentally friendly construction practices when completing FMA projects.

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

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

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

• Subrecipients are encouraged to prioritize the use of American-made, lower-carbon construction materials as referenced in the Federal Buy Clean Initiative.

• Subrecipients are encouraged to place publicly visible signage at sites where federal funding is being used for hazard mitigation projects, identifying the funding source of the project (Office of Management and Budget’s February 24, 2023 Controller Alert, “CA-23-6, Enhancing Transparency Through Use of the Investing in America Emblem on Signs (UPDATED)"). The cost of such signs is an eligible project cost.

Subapplicants may request up to $5,000 per project for such costs. Requests for signage costs must be identified as a line item in the subapplication cost estimate.

Project costs for signage are subject to the applicable cost-sharing requirements. The contents and other details of the signage must be in accordance with FEMA’s signage guidance at https://www.fema.gov/grants/policy-guidance/bipartisan-infrastructure-law.

• FEMA encourages applicants and subapplicants to leverage the Department of Labor’s The Good Jobs Initiative. The Good Jobs Initiative is an initiative that provides critical information to workers, employers, and government agencies as they work to improve job quality and create access to good jobs free from discrimination and harassment for all working people.

5. Cost Share or Match Cost share is required for most subapplications funded under this program. FEMA may contribute the federal cost share funding if available, as follows:

i. Capability and Capacity Building Activities federal cost share options:

a. Up to 90% federal cost share funding if the average Centers for Disease Control and Prevention (CDC) Social Vulnerability Index (SVI) score is not less than

0.5001 for the benefiting area(s) substantiated by a benefiting area map, and the activity must be funded by BIL. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. or https://www.sustainability.gov/buyclean/ https://www.sustainability.gov/buyclean/ https://www.cfo.gov/assets/files/CA-23-06_Enhancing%20Transparency%20Through%20Use%20of%20the%20Investing%20in%20America%20Emblem%20on%20Signs.pdf https://www.cfo.gov/assets/files/CA-23-06_Enhancing%20Transparency%20Through%20Use%20of%20the%20Investing%20in%20America%20Emblem%20on%20Signs.pdf https://www.cfo.gov/assets/files/CA-23-06_Enhancing%20Transparency%20Through%20Use%20of%20the%20Investing%20in%20America%20Emblem%20on%20Signs.pdf https://www.fema.gov/grants/policy-guidance/bipartisan-infrastructure-law https://www.fema.gov/grants/policy-guidance/bipartisan-infrastructure-law https://www.dol.gov/general/good-jobs https://www.dol.gov/general/good-jobs

b. Up to 75% federal cost share funding if a higher federal cost share is not available.

ii. Localized Flood Risk Reduction Projects federal cost share options:

a. Up to 90% federal cost share funding if the average CDC SVI score is not less than

0.5001 for the project benefiting area containing NFIP-insured properties, and the activity must be funded by the BIL. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. or

b. Up to 75% federal cost share funding if a higher cost share is not available.

iii. Individual Flood Mitigation Projects federal cost share options and definitions:

a. Up to 100% federal cost share funding for FMA-defined Severe Repetitive Loss

(SRL) (B)(i) or (B)(ii) properties in 42 U.S.C. § 4104c(h)(3), is a structure that:

i. Is covered under a contract for flood insurance made available under the NFIP; and

ii. Has incurred flood-related damage:

1. ((B)(i)) For which four or more separate claims payments (includes building and contents) have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claim payments exceeding $20,000, or

2. ((B)(ii)) For which at least two separate claims payments (includes only building) have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

iii. To receive an increased federal cost share under these provisions, properties must meet the FMA SRL definition. Applicants and subapplicants that are requesting an increased federal cost share must submit documentation with their application or subapplication demonstrating that properties meet the definition.

b. Up to 90% federal cost share funding for FMA-defined Repetitive Loss (RL) properties in 42 U.S.C. § 4121(a)(7) is a structure covered by a contract for flood insurance made available under the NFIP that:

i. Has incurred flood-related damage on two occasions, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and

ii. At the time of the second incidence of flood-related damage, the contract for flood insurance contains Increased Cost of Compliance (ICC) coverage.

iii. To receive an increased federal cost share under these provisions, properties must meet the FMA RL definition. Applicants and subapplicants that are requesting an increased federal cost share must submit documentation with their application or subapplication demonstrating that properties meet this definition.

c. Up to 90% federal cost share funding for each NFIP-insured property located within a census tract with a CDC SVI score is not less than 0.5001, and the activity must be funded by the BIL. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. or

d. Up to 75% federal cost share funding if a higher federal cost share is not available.

To note, the Individual Flood Mitigation Project’s Repetitive Loss (RL) 90% federal cost share and the Severe Repetitive Loss (SRL) 100% federal cost share options are only eligible for those NFIP properties meeting FMA definitions under 42 U.S.C. § 4104c(h)(3) and 42 U.S.C. § 4121(a)(7). These federal cost shares are not available for NFIP defined SRL and RL properties.

Generally, the cost share for this program is 75% federal cost share and 25% non-federal cost share. This means federal funding is available for up to 75% of eligible costs. The remaining 25% 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%, then the non-federal contribution is $100,000: 25% of $400,000 is $100,000. The non-federal contribution would be provided by the applicant or subapplicant. Likewise, the federal cost share of that activity would be $300,000:

75% of $400,000 is $300,000. The federal contribution would be provided by FEMA. FEMA may consider the non-federal cost share based on availability of remaining federal funds, as noted in Section E, Application Review Information of this funding opportunity.

As a result of FMA funding made available under the BIL, FEMA may contribute up to 90% federal cost share for qualifying FY 2023 funding priorities and criteria. FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation. Applicants and Subapplicants can determine their activities and projects’ CDC SVI score by calculating the three SVI themes’ averages using information on CDC/ATSDR Social Vulnerability Index webpage, https://www.atsdr.cdc.gov/placeandhealth/svi/index.html. When BIL funding is exhausted, the enhanced cost share for properties with CDC SVI not less than 0.5001 as determined by FEMA, cannot be extended to the remaining funds made available in the FY 2023 FMA NOFO.

Structures with different federal cost-share requirements can be submitted in a single project subapplication. The overall project federal cost share documented in the Cost Share Section of the project subapplication should reflect the combined federal cost shares of the structures. For example, in an Individual Flood Mitigation Project subapplication, a project with $100,000 costs for one SRL structure funded at 100% federal cost share plus $100,000 costs for one RL structure funded at 90% federal cost share will have an overall project federal cost share of 95%, or $190,000, of the $200,000 total cost for both structures.

https://www.atsdr.cdc.gov/placeandhealth/svi/index.html

For insular areas (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 100% cost-share in its application.

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 non-federal cost share unless the other federal statutory authority allows the funds to be used to meet cost-share requirements. For example, FEMA’s Safeguarding Tomorrow through Ongoing Risk Management Revolving Loan Fund (STORM RLF) Program loans may be eligible for non-federal cost share funding. For more information, visit the STORM RLF webpage at https://www.fema.gov/grants/mitigation/storm-rlf. In addition, in certain situations U.S. Department of Housing and Urban Development Community Development Block Grant Disaster Recovery (CDBG-DR) program funds, U.S.