FY_2023_Swift Current_NOFO_Amendment 1_clean_rev_508.pdf

FY 2023 FMA Swift Current NOFO Back to the Top

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

Fiscal Year 2023 Flood Mitigation Assistance Swift Current Amendment #1, March 8, 2024

This amendment revises the text of the NOFO in the section identified below.

• Deleted text is shown in strikethrough and also noted with [Deleted Text Start] and

[Deleted Text End] at the beginning and end of the deleted sections.

• Added text is red and bolded and denoted with an * (asterisk) at the beginning and end of the added text.

SUMMARY OVERVIEW OF KEY INFORMATION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD

MITIGATION ASSISTANCE (FMA) SWIFT CURRENT

Program Overview

Fiscal Year 2023 Flood Mitigation Assistance (FMA) Swift Current aims to better align the delivery of FMA flood mitigation funding to the disaster survivor experience.

The 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.

Goals and Objective

The purpose of FMA Swift Current is to reduce or eliminate the flood risk to NFIP-participating communities and repetitive flood damage to structures and buildings insured by the NFIP following a flood-related disaster event, and to enhance community flood resilience within NFIP-participating communities. It does so by providing funding for mitigation opportunities immediately after a flood disaster event with the aim of delivering mitigation outcomes as quickly as possible.

1 The term “federally recognized Tribal government,” as used in this notice of 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).

This differs from the existing FMA grant opportunity, which has an annual grant cycle that funds a broader range of flood mitigation activities, which includes Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects and Individual Flood Mitigation Projects, through a competitive selection process. FMA Swift Current aims to streamline funding through disaster declaration and flood insurance claims based eligibility criteria, minimized application periods, and narrowed project type eligibility to Individual Flood Mitigation Projects that are Severe Repetitive Loss, Repetitive Loss and Substantially Damaged.

Eligible Projects The FMA Swift Current grant opportunity funds activities under Individual Flood Mitigation Projects.

Deadlines NOFO Availability Window Start Date: 11/15/2023 NOFO Availability Window End Date: 1/15/2025 Disaster Declaration Deadline: 5/31/2024 Applicant Eligibility Period Start Date: Varies by applicant and dependent on disaster declaration date Application Submission Deadline: Varies by applicant; typically, 120 calendar days after the applicant’s eligibility period start date at

03:00:00 PM ET

Funding Amount Available Funding for the NOFO: $300,000,000 for Individual Flood Mitigation Projects

Eligible Applicants

• States

• District of Columbia

• U.S. territories

• Federally recognized Tribal governments

Cost Share 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.

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 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: $300 million

2. Projected Number of Awards: Variable

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 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

4. Cost Share or Match

D. Application and Submission Information

1. Key Dates and Times

2. Agreeing to Terms and Conditions of the Award

3. Address to Request Application Package

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

Award Management (SAM) https://www.grants.gov/web/grants/register.html 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

8. Submitting the Application in MT eGrants

9. Timely Receipt Requirements and Proof of Timely Submission

10. Content and Form of Application Submission

11. Other Submission Requirements

12. Intergovernmental Review

13. Funding Restrictions and Allowable Costs

E. Application Review Information

1. Application Evaluation Criteria

2. Review and Selection Process

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

3. Reporting

4. Monitoring and Oversight

G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

2. Systems Information

H. Additional Information

1. Termination Provisions

2. Program Evaluation

3. Period of Performance Extensions

4. Disability Integration

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

6. Procurement Integrity

7. FEMA Financial Assistance Programs for Infrastructure Build America, Buy America

Act

8. Record Retention

9. Actions to Address Noncompliance

10. Audits

11. Payment Information

12. Whole Community Preparedness

13. Extraordinary Circumstances

14. Integrating 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 Swift Current (FMA Swift Current)

5. Funding Opportunity Number

DHS-23-MT-029-000-99

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) 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 Division J, Title V of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 135 Stat. 1387–1388 (2021).

8. Announcement Type

* Modification *

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 so with a recognition of the growing flood hazards associated with

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

climate change,4 anticipated growth of damage and repetitive losses due to flood, 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 as well as chronic stressors that have been observed and are expected to increase in the future.

FY 2023 FMA Swift Current aims to better align the delivery of FMA flood mitigation funding to the disaster survivor experience. In FY 2023, funds will be made available on a rolling basis to states, territories, and federally recognized Tribal governments that receive a major disaster declaration for a flood-related disaster event and meet all other eligibility criteria. (Refer to Section C.1, Eligible Applicants). Flood-related disasters include coastal storms, hurricanes, remnants of hurricanes, and floods. Eligible activities in FMA Swift Current are Individual Flood Mitigation Projects, for example, structure elevation, property acquisition and structure demolition/relocation, dry floodproofing, and mitigation reconstruction. FMA Swift Current aims to streamline funding through disaster declaration and flood insurance claims based eligibility criteria, minimized application periods, and narrowed project type eligibility to Individual Flood Mitigation Projects that are Severe Repetitive Loss, Repetitive Loss and Substantially Damaged. This differs from the existing FMA grant opportunity, which has an annual grant cycle that funds a broader range of flood mitigation activities, which includes Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects and Individual Flood Mitigation Projects through a competitive selection process.

FEMA is offering tailored pre-application support to FMA Swift Current applicants and subapplicants for subapplication development. For more information about FMA Swift Current tailored pre-application support, contact your State Hazard Mitigation Officers, FEMA Regional Office, or Regional Tribal Liaison. Contact information can be found on the FEMA website at State Hazard Mitigation Officers | FEMA.gov and https://www.fema.gov/fema-regional-contacts.

FMA Swift Current 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 Swift Current 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 NFIP-insured structures. Additionally, FMA Swift Current’s tailored pre-application support also contributes to other sub-objectives. It helps improve awareness initiatives to encourage public action to increase preparedness (Sub-Objective 5.1.2), uses 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 coordinates and guide continuity of

4 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.fema.gov/grants/mitigation/state-contacts https://www.fema.gov/fema-regional-contacts https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 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 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.

The 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 FMA Swift Current is to reduce or eliminate the flood risk of repetitive flood damage to structures and buildings insured by the NFIP following a flood-related disaster event, and to enhance community flood resilience within NFIP-participating communities.

c. Priorities FMA Swift Current funds Individual Flood Mitigation Projects for Repetitive Loss (RL), Severe Repetitive Loss (SRL), or properties deemed Substantially Damaged after the applicant’s disaster declaration * incident period start * date. * The incident period start date refers to the first date of the incident period associated with the applicant’s flood related major disaster declaration eligible for Swift Current. The incident period start date is usually prior to the associated disaster declaration date. Disaster declaration information can be found on FEMA’s disaster declaration website Disasters and Other Declarations | FEMA.gov. * (Definitions for these terms can be found in Section C Eligibility Information, Cost Share and Match of this funding opportunity).

https://www.fema.gov/about/strategic-plan https://www.fema.gov/disaster/declarations https://www.fema.gov/disaster/declarations

In addition, FMA Swift Current aims to incentivize flood mitigation projects that will 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 discussed 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, FMA Swift Current will be identifying a disadvantaged community, also referred to as a Justice40 community, using the Climate and Economic Justice Screening Tool (CEJST). Communities are considered disadvantaged communities 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. Further, all eligible Federally Recognized Tribes or Tribal entities are Justice40 communities (whether or not they have land). 5 In addition, census tracts that are completely surrounded by disadvantaged communities, as described above, 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 Swift Current’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 properties deemed Substantially Damaged after the applicant’s disaster declaration * incident period start * date.

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

(CEJST).

• Number of State, Local, Tribal, and Territorial Governments (SLTTs) that attended tailored pre-application support and outreach activities hosted by FEMA.

• Timeliness of obligation from the disaster declaration date.

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

FMA Swift Current 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

5 See also M-23-09, available at https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23- 09_Signed_CEQ_CPO.pdf.

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 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/ https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf 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: $300 million

FEMA will accept FY 2023 FMA Swift Current applications from November 15, 2023 until January 15, 2025 for applicants that receive a major disaster declaration for a flood-related disaster event between June 1, 2023 (backdated) and May 31, 2024 and meets the specified claims criterion. This is called the FMA Swift Current availability window.

During the FMA Swift Current availability window, the applicant’s eligibility period begins 30 days after the applicant both receives a major disaster declaration for a flood-related disaster event between June 1, 2023 (backdated) and May 31, 2024 and meets the specified claims criterion. The eligibility period refers to the time that the applicant may submit subapplications to FMA Swift Current. The eligibility period start date will vary by applicant. Generally, the eligibility period is 120 calendar days. Upon FMA Swift Current activation, the application deadline date will be provided to the applicant. However, if the applicant has more than $1 million prior flood insurance claims in the previous year and the declared disaster results in 500 or more flood insurance claims for the applicant, their eligibility period is 150 calendar days. * If the applicant is a U.S. Territory or federally recognized Tribal government applying directly to FEMA for assistance, their eligibility period deadline is 150 calendar days. * At the start of an applicant’s eligibility period, FEMA will determine an allocation for that applicant (see Section B.1.a. Applicant Allocation below) Applicants must meet all other eligibility criteria to be eligible for FMA Swift Current funds.

An applicant and their subapplicants develop and submit subapplications to FEMA during the applicant’s eligibility period. At the end of the applicant’s eligibility period, the applicant’s allocation will expire. Subapplications will be reviewed and awarded on a rolling basis, so subapplicants are also encouraged to submit their subapplications as soon as possible to expedite obligation.

Any remaining unused funds by an applicant after the applicant’s eligibility period ends will be returned to the FY 2023 FMA Swift Current available funds.

FEMA will distribute the available FY 2023 FMA Swift Current funding amount and federal activity caps as follows until the total available funding amount is exhausted:

a. Applicant Allocation Variable up to $10 million or up to $20 million or up to $40 million or up to $5 million

• The applicant allocation may be used for Individual Flood Mitigation Projects that mitigate the risk of flooding to NFIP-insured structures that are NFIP defined or FMA defined SRL or RL structures or are structures that have been deemed Substantially Damaged after the applicant’s disaster declaration * incident period start * date.

• The applicant allocation determination may be up to $10 million, $20 million, or up to $40 million, or up to $5 million. All allocations require the applicants to have a major disaster declaration for a flood-related event between June 1, 2023 and May 31, 2024.

o If the applicant has at least $1 million in prior NFIP flood insurance claims from June 1, 2022 to the disaster declaration date, the applicant receives an allocation up to $10 million.

o If the applicant receives 500 or more NFIP flood insurance claims in the declared disaster, the applicant receives an allocation up to $10 million.

o If the applicant has at least $5 million in prior NFIP flood insurance claims from June 1, 2022 to the disaster declaration date, the applicant receives an allocation up to $20 million.

o If the applicant both has at least $1 million in prior NFIP flood insurance claims from June 1, 2022 to the disaster declaration date AND receives 500 or more NFIP flood insurance claims in the declared disaster, the applicant receives an allocation up to $20 million.

o If the applicant both has at least $5 million in prior NFIP flood insurance claims from June 1, 2022 to the disaster declaration date AND receives 500 or more NFIP flood insurance claims in the declared disaster, the applicant receives an allocation up to $40 million.

o If federally recognized Tribes and U.S. Territories do not meet the NFIP flood insurance claims-based allocation determination criteria above, then the Tribal and Territorial allocation is up to $5 million.

o The special consideration allocation is up to $5 million. This is made available to applicants that submit a request for special consideration for Swift Current to the FEMA Regional Administrator. The FEMA Regional Administrator will forward their recommendation to the FEMA Administrator for approval. (Refer to Section C.2.a.3. for more information.)

b. The FEMA Administrator may authorize the usage of additional BIL funding in the FY 2023 FMA Swift Current NOFO in accordance with NOFO goals and priorities.

c. FEMA shall make up to 10 percent of the available funding for Applicant Management Costs. For more information, see Section I, Management Costs.

d. For more information on FY 2023 FMA Swift Current funding priorities and eligible activities, see Section E, Application Review Information, Review, and Selection Process.

e. For more information about uses of assistance under FMA Swift Current, refer to FMA resources at https://www.fema.gov/grants/mitigation/floods/fma-resources. For information on how to submit various project types in Mitigation eGrants (MT eGrants), https://www.fema.gov/grants/mitigation/floods/fma-resources refer to https://www.fema.gov/grants/mitigation/mitigation-egrants-system-resources and Section D of this funding opportunity, Application and Submission Information, Submitting the Application in MT eGrants.

2. Projected Number of Awards: Variable

The number of projected awards is variable due to the unpredictable nature of major flood related disaster declarations across the nation in any given year.

3. 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.

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, Additional Information, Period of Performance Extensions.

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

FEMA anticipates making awards on a rolling basis to applicants during each applicant’s eligibility period.

5. Projected Period of Performance End Date(s): 36 months 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 eligible applicant shall designate one agency to serve as the applicant for FMA Swift Current funding. The designee is strongly encouraged to conduct outreach with disadvantaged communities as referenced in EO 14008 prior to and during the application process. Each applicant’s designated agency may submit only one FMA grant application to

FEMA.

https://www.fema.gov/grants/mitigation/mitigation-egrants-system-resources

Communities, including local governments, cities, townships, counties, special district governments, and Tribal governments who choose to apply as subapplicants are considered subapplicants and must submit subapplications to their applicant agency. Federally recognized Tribal governments who directly apply to FEMA for FMA Swift Current assistance will be considered applicants. 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 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 State Hazard Mitigation Officers | FEMA.gov.

2. Applicant Eligibility Criteria

a. The applicant meets the FMA Swift Current activation criteria when:

1. The applicant receives a major disaster declaration for a flood-related disaster event between June 1, 2023, and the disaster declaration deadline of May 31, 2024. A flood-related disaster event includes coastal storms, hurricanes, remnants of hurricanes, and floods; and,

2. The applicant meets at least one of the three conditions or the special consideration:

The applicant has at least $1 million in prior NFIP flood insurance claims from June 1, 2022, to the disaster declaration date; OR The applicant has 500 or more NFIP flood insurance claims in the declared flood-related disaster event; OR The applicant is a U.S. territory or a federally recognized Tribal government6 applying directly to FEMA.

Special Consideration: If the applicant receives a major disaster declaration for a flood-related disaster event between June 1, 2023 and May 31, 2024 but does not meet any of the three additional conditions listed above, the applicant may submit a request to their FEMA Regional Administrator (RA) for special consideration for FMA Swift Current within 30 days of the declared disaster. The applicant may submit a request to their FEMA Regional Administrator by contacting the Regional Office contact listed at https://www.fema.gov/fema-regional-contacts. By submitting a request for special consideration for FMA Swift Current, the applicant certifies that they have not been

6 If a federally recognized Tribal government is applying as a subapplicant to the state, the state is considered the applicant and must meet at least one of the claims-related FMA Swift Current activation criteria. (I.e., the applicant has at least $1 million in prior NFIP flood insurance claims from (June 1, 2022 to the disaster declaration date) or the applicant has 500 or more NFIP flood insurance claims in the declared flood-related disaster event).

https://www.fema.gov/grants/mitigation/state-contacts awarded FMA funding since FY 2018 FMA7 and that any FMA Swift Current funding will align with the applicant's SRL, RL and SD plans and strategies. The FEMA Regional Administrator will review requests to confirm that the applicant and circumstance aligns with the Region’s flood mitigation goals and will forward their recommendation to the FEMA Administrator for approval. If the request for special consideration for FMA Swift Current is approved, FEMA will provide an allocation of up to $5 million.

b. 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/national-flood-insurance-program-community-status-book.

c. 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 additional details on NFIP requirements, see Title 44 of the Code of Federal Regulations (C.F.R.) § 77.6.

d. Applicants are required to have a FEMA-approved State Hazard Mitigation Plan in accordance with Title 44 of the (C.F.R.) Part 201 at the time of application 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 available on the FEMA website at https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance.

e. Subapplicants are required to have a FEMA-approved Local or Tribal Hazard Mitigation Plan in accordance with 44 C.F.R. Part 201 at the time of application and at the time of obligation of grant funds. Mitigation plan integration, while not required to be eligible for FMA, is encouraged. See section H.14 for additional information. Local hazard mitigation plans must conform to the Local Plan Review Guide, or any subsequent local mitigation planning guide that supersedes it.

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

7 FMA selections refers to the selections made through the Flood Mitigation Assistance grant program that FEMA offers annually. More information about the FMA grant program can be found at https://www.fema.gov/grants/mitigation/floods.

Applicants can verify previous FMA grant program selections status at https://www.fema.gov/grants/mitigation/flood-mitigation-assistance/after-you-apply/previous-fiscal-year-subapplication-statuses.

https://www.fema.gov/national-flood-insurance-program-community-status-book 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 https://www.fema.gov/grants/mitigation/flood-mitigation-assistance/after-you-apply/previous-fiscal-year-subapplication-statuses https://www.fema.gov/grants/mitigation/flood-mitigation-assistance/after-you-apply/previous-fiscal-year-subapplication-statuses

3. Other Eligibility Criteria

a. Properties included in Individual Flood Mitigation Project subapplications must be

FMA and/or NFIP defined SRL properties, RL properties, or properties that were deemed Substantially Damaged after the applicant’s disaster declaration * incident period start * date.

b. 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.

c. All Individual Flood Mitigation Project subapplications submitted as part of an FMA Swift Current 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.

d. 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).

e. 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 structures8 must meet the minimum standards of FEMA’s partial implementation of the Federal Flood Risk Management Standards (FFRMS).9

Website

8 Refer to 44 C.F.R. § 9.4 for the definitions of “new construction” and “substantial improvement;” Refer to 44 C.F.R. § 59.1 for the definition of “substantial damage.”

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

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_state-local-mitigation-planning-policy-guide-faqs.pdf#:%7E:text=The%20State%20and%20Local%20Mitigation%20Planning%20Policy%20Guides,which%20are%20required%20for%20certain%20FEMA%20non-emergency%20assistance.

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/floodplain-management/intergovernmental/federal-flood-risk-management-standard 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) https://www.fema.gov/grants/mitigation/hazard-mitigation-assistance-guidance

1. 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.10

f. See EO 14030, Climate-Related Financial Risk, FEMA Policy #-206-21-003-0001, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs, 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 s is provided on the FEMA website at http://www.fema.gov/state-hazard-mitigation-officers.

g. 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 project oversight for awards that include a technology nexus that may pose a cyber risk that would affect the reliability or operability of project.

h. FEMA encourages the use of environmentally friendly construction practices when completing FMA Swift Current mitigation projects.

• When subapplications include the use of concrete or asphalt products, FEMA encourages 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.

i. FEMA encourages the use of nature-based solutions in FMA Swift Current mitigation projects.

• Subrecipients can refer to resources such as FEMA’s guide to Building Community Resilience with Nature-Based Solutions and the Federal Nature- Based Solutions Resource Guide to identify strategies for using nature-based solutions in ways that reduce future flood risk while simultaneously building resilience, reducing emissions, and delivering other co-benefits.

10 Under 44 C.F.R. § 9.11(d)(6), no action may be taken if it is inconsistent with the criteria of the National Flood Insurance Program (44 C.F.R. 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/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf 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 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.sustainability.gov/buyclean/ https://www.fema.gov/sites/default/files/documents/fema_riskmap-nature-based-solutions-guide_2021.pdf https://www.fema.gov/sites/default/files/documents/fema_riskmap-nature-based-solutions-guide_2021.pdf https://www.whitehouse.gov/wp-content/uploads/2022/11/Nature-Based-Solutions-Resource-Guide-2022.pdf https://www.whitehouse.gov/wp-content/uploads/2022/11/Nature-Based-Solutions-Resource-Guide-2022.pdf

• Nature-based solutions: are actions to protect, sustainably manage, or restore natural or modified ecosystems to address societal challenges, simultaneously providing benefits for people and the environment. Other terms for nature-based solutions include green infrastructure, natural and nature-based features, natural climate solutions, and natural infrastructure.

j. 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.

k. 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.

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

i. 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.

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

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 that is not less than 0.5001, and for which the mitigation activity is funded by the 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

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 percent federal cost share and 25 percent non-federal cost share. This means federal funding is available for up to 75 percent of eligible costs. The remaining 25 percent of eligible costs must be derived from non-federal sources.

For example, if the total cost of the activity is $400,000 and the non-federal cost share is 25 percent, then the non-federal contribution is $100,000: 25 percent of $400,000 is $100,000.

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 percent 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,…