FY_2024_BRIC_NOFO_FINAL_12-03-2024.pdf

FY 2024 BRIC NOFO

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

Fiscal Year 2024 Building Resilient Infrastructure and Communities (BRIC)

SUMMARY OVERVIEW OF KEY INFORMATION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) BUILDING

RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC)

Program Overview

The Building Resilient Infrastructure and Communities (BRIC) grant program makes federal funds available for hazard mitigation activities.

It does so with a recognition of the growing hazards associated with climate change and of the need for natural hazard risk mitigation activities that promote climate adaptation and resilience with respect to those hazards. These include both acute extreme weather events and chronic stressors which have been observed and are expected to increase in intensity and frequency in the future.

Goals and Objectives

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

• Increase awareness of stakeholders and partners with capabilities to support hazard mitigation.

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

• Communities identify and mitigate their risks to natural hazards and climate change.

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

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

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

• Management Costs – financial assistance to reimburse the recipient and subrecipient for eligible and reasonable indirect costs, direct administrative costs, and other administrative expenses associated with a specific hazard mitigation measure or project.

Deadlines NOFO Availability Window Start Date: 01/06/2025 Applicant Eligibility Period Start Date: 01/06/2025 Application Submission Deadline: 04/18/2025

Funding Amount Available Funding for the NOFO: $ 750,000,000

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

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

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

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

• National Competition Subtotal: $ 451,000,000

Eligible Applicants

• States

• District of Columbia

• U.S. territories

• Federally recognized Tribal nations

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

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

• Projects and Capability and Capacity Building activities located within or primarily benefitting Community Disaster Resilience Zones

• Economically Disadvantaged Rural Communities

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

Build America, Buy America Act

All applicable BRIC subapplications must comply with the Build America, Buy America Act (BABAA). Please go to "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov for more information.

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

Updates in Grant Application Forms:

The Data Universal Numbering System (DUNS) Number was replaced by a new, non-https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration proprietary identifier requested in, and assigned by SAM.gov. This new identifier is the Unique Entity Identifier.

Additional Information can be found on Grants.gov: https://www.grants.gov/forms/forms-development/planned-uei-updates

Table of Contents 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: $750,000,000.00

2. Period of Performance: 36 months

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

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

5. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Subawards and Beneficiaries

a. Subaward Allowability

b. Subrecipient Eligibility

c. Beneficiaries or Participants

4. Other Eligibility Criteria/Restrictions

a. Phased Projects

b. Environmentally Friendly Measures

c. Identifying as a Disadvantaged Community

d. Additional Criteria

5. Cost Share or Match

a. General

b. Economically Disadvantaged Rural Communities

c. Community Disaster Resilience Zones

d. Insular Areas

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 01/06/2025 https://www.grants.gov/forms/forms-development/planned-uei-updates https://www.grants.gov/forms/forms-development/planned-uei-updates

b. Application Submission Deadline: 04/18/2025 at 03:00 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.gov)

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 Final Application

9. Timely Receipt Requirements and Proof of Timely Submission

10. Content and Form of Application Submission

a. Standard Required Application Forms and Information

b. Program-Specific Required Forms and Information

11. Other Submission Requirements

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

b. Go/No-Go Milestones

c. National Environmental Policy Act Requirements for Hazard Mitigation Projects . 35

d. Acquisition Project Requirements

12. Intergovernmental Review

13. Funding Restrictions and Allowable Costs

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

b. Pre-Award Costs

c. Management Costs

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

b. Financial Integrity Criteria

c. Supplemental Financial Integrity Criteria and Review

2. Review and Selection Process

a. Review Process

b. Selection Status

c. Appeals

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

a. DHS Standard Terms and Conditions

b. Ensuring the Protection of Civil Rights

c. Environmental Planning and Historic Preservation (EHP) Compliance

d. Construction Project Requirements

e. Mandatory Disclosures

3. Reporting

a. Financial Reporting Requirements

b. Programmatic Performance Reporting Requirements

c. Closeout Reporting Requirements

d. Additional Reporting Requirements

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

1. Contact and Resource Information

a. Program Office Contact

b. FEMA Grants News

c. FEMA Regional Offices

d. Civil 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. Procurement Documentation

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

7. Financial Assistance Programs for Infrastructure

a. Build America, Buy America Act

b. Waivers

c. Definitions

8. Record Retention

a. Record Retention Period

b. Types of Records to Retain

9. Actions to Address Noncompliance

10. Audits

11. Payment Information

12. Whole Community Preparedness

13. Report issues of fraud, waste, abuse

14. Extraordinary Circumstances

15. Good Jobs Initiative

16. Integrating Hazard Mitigation and Planning

17. Hazard-Resistant Building Codes

18. Requests for Information

19. Appendices

a. Abbreviations

b. Resources

A. Program Description

1. Issued By

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

(HMA)

2. Assistance Listings Number

97.047

3. Assistance Listings Title Building Resilient Infrastructure and Communities

4. Funding Opportunity Title Fiscal Year 2024 Building Resilient Infrastructure and Communities (BRIC)

5. Funding Opportunity Number

DHS-24-MT-047-00-98

6. Authorizing Authority for Program

Sections 203 and 206 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5133 and 5136).

7. Appropriation Authority for Program

Section 203(i) of the Stafford Act, as amended (Pub. L. No. 93-288) (42 U.S.C. § 5133(i)) and Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) (2021)1.

8. Announcement Type

Initial

9. Program Category

Mitigation: Natural Hazards

10. Program Overview, Objectives, and Priorities

a. Overview

The Building Resilient Infrastructure and Communities (BRIC) grant program makes federal funds available to states, U.S. territories, federally recognized Tribal nations2, and local governments for hazard mitigation activities. It does so recognizing the growing hazards associated with climate change3 and the need for natural hazard risk mitigation activities that promote climate adaptation and resilience with respect to

1 Any FY 2025 funding appropriated by the IIJA will become available in FY 2025 and will not be awarded/obligated until after the start of FY 2025.

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

3 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, changes in frequency and location of severe weather events, and changes to other features of the climate system.” (NCA5).

https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title42-section5122&f=treesort&num=0&saved=%7CKHRpdGxlOjQyIHNlY3Rpb246NTEyMiBlZGl0aW9uOnByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGxlNDItc2VjdGlvbjUxMjIp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim https://nca2023.globalchange.gov/ those hazards. These include both acute extreme weather events and chronic stressors which have been observed and are expected to increase in intensity and frequency in the future.

The BRIC program’s guiding principles include supporting communities through capability and capacity building; encouraging and enabling innovation, including multi-hazard resilience or nature-based solutions including the use of native plants;

promoting partnerships; enabling large, systems-based projects; maintaining flexibility; and providing consistency. Through these efforts, communities are able to better understand disaster risk and vulnerabilities, conduct community-driven resilience activities, guide hazard mitigation planning, and design transformational projects and programs. FEMA’s Mitigation Action Portfolio showcases hazard mitigation projects to provide practitioners with examples of activities that integrate the Investment Strategy’s goals and reflect the guiding principles of the Disaster Recovery Reform Act of 2018 (DRRA).

Certain awards made under this funding opportunity may be funded, in whole or in part, by the Infrastructure Investment and Jobs Act, more commonly known as the Bipartisan Infrastructure Law (BIL). The BIL is a once-in-a-generation investment in infrastructure, which will grow a more sustainable, resilient, and equitable economy by enhancing U.S. competitiveness. The BIL appropriates billions of dollars to FEMA to promote resilient infrastructure, respond to the impacts of climate change, and equip our nation with the resources to combat its most pressing threats.

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

• Capability and Capacity Building (C&CB) activities – activities that enhance the knowledge, skills, and expertise of the current workforce to expand or improve the administration of hazard mitigation assistance. This includes activities in the following sub-categories: building codes, partnerships, project scoping, hazard mitigation planning and planning-related activities, and other activities as defined in the HMA Guide, Part 10, C.2.1.1. BRIC: Capability and Capacity Building Activities

• Hazard Mitigation Projects – cost-effective hazard mitigation projects designed to increase resilience and public safety; reduce injuries and loss of life; and reduce damage and destruction to property, critical services, facilities, and infrastructure (including natural systems) from a multitude of natural hazards, including drought, wildfire, earthquakes, extreme heat, and the effects of climate change.

• Management Costs – financial assistance to reimburse the recipient and subrecipient for eligible and reasonable indirect costs, direct administrative costs, and other administrative expenses associated with a specific award or subaward.

For more information about available assistance through the BRIC grant program, including how to submit various project types in FEMA Grants Outcomes System https://www.fema.gov/sites/default/files/documents/fema_mit-FY2023_BRIC_Mitigation_Action_Portfolio.pdf https://www.congress.gov/bill/115th-congress/house-bill/4460 https://www.congress.gov/bill/115th-congress/house-bill/4460 https://www.congress.gov/bill/117th-congress/house-bill/3684 https://www.fema.gov/grants/mitigation/guide/part-10/c/2 https://www.fema.gov/grants/mitigation/guide/part-10/c/2

(FEMA GO), refer to the Program Support Material (PSM) Resources for the BRIC Grant Program webpage.

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

BRIC Direct Technical Assistance FEMA has implemented an initiative, BRIC Direct Technical Assistance (BRIC DTA), to support the development of climate resilience planning and project design in, and with, underserved and/or disadvantaged communities, and federally recognized Tribal nations that are disproportionately affected by natural hazard and climate change risk. Eligible recipients of non-financial direct technical assistance provided through BRIC DTA as defined in 42 § U.S.C. 5122 include, but are not limited to, territories, federally recognized Tribal nations, and local governments.

Eligible communities, territories, and tribes interested in receiving BRIC DTA can visit the BRIC DTA webpage for more information.

FEMA will prioritize assistance for eligible entities that request technical assistance support for resilience or hazard mitigation activities within or that primarily benefit a Justice40 community, which includes Federally Recognized Tribes or Tribal entities, and/or census tracts identified as disadvantaged by the Climate and Economic Justice Screening Tool (CEJST); an Economically Disadvantaged Rural Community (defined in 42 U.S.C. § 5133(a) as a small impoverished community); or a Community Disaster Resilience Zone (as defined in 42 U.S.C. § 5136(a)(1)). Eligible entities can visit the BRIC DTA webpage for more information on how to submit a request for assistance.

b. Goals, Objectives, and Priorities BRIC aims to shift the focus of federal investments away from reactive, post-disaster spending and toward research-supported, proactive investments in community resilience. These investments aim to reduce future disaster losses, loss of life, property, and future spending from the Disaster Relief Fund (DRF). BRIC focuses on cost-effective hazard mitigation and climate adaptation measures including protecting public infrastructure so that critical services can withstand or more rapidly recover from future disasters, as well as other projects and activities to increase resilience throughout the nation. Through BRIC, FEMA can engage state, local, tribal, and territorial (SLTT) partners in enhancing climate resilience and adaptation through systems-based, community-wide investments. FEMA is including provisions to implement the Community Disaster Resilience Zones Act, which aims to direct public and private resilience investments in communities that are most vulnerable to natural hazards.

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

https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/resources https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-1999-title42-section5122&num=0 https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance https://toolkit.climate.gov/tool/climate-and-economic-justice-screening-tool https://toolkit.climate.gov/tool/climate-and-economic-justice-screening-tool https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-2007-title42-section5133&num=0 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5136a)&num=0&edition=prelim https://www.fema.gov/grants/mitigation/building-resilient-infrastructure-communities/direct-technical-assistance https://www.congress.gov/bill/117th-congress/senate-bill/3875/text https://www.whitehouse.gov/environmentaljustice/justice40/ https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad

Program Objectives:

BRIC program objectives are aligned with the 2022-2026 FEMA Strategic Plan.

• Increase climate literacy among the emergency management community, including awareness of natural hazard risks and knowledge of best practices for hazard mitigation (Strategic Objective 2.1)

• Increase awareness of stakeholders and partners with capabilities to support hazard mitigation, preparedness, response, and recovery (Strategic Objective 3.1)

• Develop and complete more innovative risk-informed hazard mitigation projects, such as multi-hazard resilience or nature-based solutions (Strategic Objective 2.3)

• Identify and mitigate the risks to natural hazards and their own threats from climate change (Strategic Objective 2.2)

• Increase resources to eliminate disparities in equitable outcomes across disadvantaged communities. (Strategic Objectives 1.2 & 1.3)

• Adopt and enforce the latest published editions of building codes (Strategic Objective 2.2)

Priorities For FY 2024, the priorities for the program are to incentivize natural hazard risk reduction activities to include those that address multi-hazards that mitigate current and future risk to public infrastructure and disadvantaged communities as referenced in EO 14008; incorporate nature-based solutions, including those designed to reduce carbon emissions; enhance climate resilience and adaptation; and increase funding to applicants that facilitate the adoption and enforcement of the latest published editions of building codes. BRIC encourages hazard mitigation projects that meet multiple program priorities.

FEMA acknowledges the adoption and enforcement of building codes, specifications, and/or standards as an important hazard mitigation activity that provides significant resilience benefits. Therefore, BRIC continues to dedicate additional funds through a State/Territory and Tribal Building Codes Plus-Up for FY 2024 to carry out eligible building code adoption and enforcement activities. Additionally, in future BRIC grant cycles, FEMA may increase its emphasis on building codes criteria. The additional dedicated funds and the increased emphasis on building codes criteria in the future are activities FEMA is committing to as it helps to lead and support the National Initiative to Advance Building Codes (NIABC). BRIC eligible activities and construction requirements exemplify priorities under the NIABC that help state, local, tribal, and territorial governments adopt the latest climate resilient codes and standards; ensure building projects follow modern codes and standards to the greatest extent feasible; and enhance outreach, technical assistance, and capacity building on building codes.

https://www.fema.gov/about/strategic-plan https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-building-codes-improve-climate-resilience-and-reduce-energy-costs/ https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-building-codes-improve-climate-resilience-and-reduce-energy-costs/

c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan

The BRIC program aligns with the goal of promoting resilience and adaptation in light of current and future risks, including those posed by climate change, as well as aligning with and the 2020-2024 DHS Strategic Plan through Goal 5: Strengthen Preparedness and Resilience. Specifically, Objective 5.1: Build a National Culture of Preparedness has several sub-objectives that the BRIC program supports. BRIC serves primarily to bolster Sub-Objective 5.1.1: Incentivize investments that reduce risk and increase pre-disaster hazard mitigation, including expanding the use of insurance to manage risk, through funding hazard mitigation projects, particularly ones that reduce risk to infrastructure. Additionally, the capability- and capacity-building activities that BRIC funds also contribute to other sub-objectives. For example, planning, partnerships, and project scoping efforts help improve awareness initiatives to encourage public action to increase preparedness (Sub-Objective 5.1.2), use lessons from past disasters and exercises to inform community investment decisions and anticipate challenges that may emerge during future disasters (Sub- Objective 5.1.3), and coordinate and guide continuity of operations activities through partnerships with government and non-government stakeholders (Sub-Objective 5.1.5). The BRIC program also promotes the goal of equity, by helping members of particularly overburdened and underserved communities4, who might be at heightened risk from current hazards, including those associated with climate change.

The 2022-2026 FEMA Strategic Plan outlines a bold vision and three ambitious goals designed to address key challenges the agency faces during a pivotal moment in the field of emergency management: Goal 1 - Instill equity as a foundation of emergency management, Goal 2 - Lead the whole of community in climate resilience, and Goal 3

- Promote and sustain a ready FEMA and prepared nation. One of BRIC’s purposes is to help achieve the goals of the 2022-2026 FEMA Strategic Plan. In particular, the BRIC program supports Objective 1.2: Remove barriers to FEMA programs through a people first approach, Objective 1.3: Achieve equitable outcomes for those we serve, and Objective 2.2: Build a climate resilient nation. BRIC also supports the National Mitigation Investment Strategy by advancing hazard mitigation investment to reduce risks thereby increasing the nation’s resilience to natural hazards.

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

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

• Total number and population size of communities supported since inception

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

https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 https://www.fema.gov/about/strategic-plan https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.fema.gov/about/strategic-plan

• Percent of federal dollars spent in or otherwise benefiting Justice40 communities

• Dollar amount of total expected benefits

• Number of State, Local, Tribal, and Territorial governments that adopted hazard-resistant building codes after receiving BRIC grants for building code activities

• Dollar amount of losses avoided in projects or communities funded by BRIC subapplications.

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

B. Federal Award Information

1. Available Funding for the NOFO: $750,000,000.00

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

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

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

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

• National Competition Subtotal: $ 451,000,000

Any applicant may not receive more than 20% of the total available funding announced in this funding opportunity. The 20% cap will include the combined total of all funding category requests (Management Costs, State/Territory Allocation, Tribal Set-Aside, Building Code Plus-Up and the National Competition).

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

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

• Each state/territory may apply for up to $2,000,000 in the State/Territory Allocation.

The State/Territory Allocation may be used for Capability and Capacity Building activities and/or hazard mitigation projects. The combined cost for any Capability and Capacity Building activities and/or hazard mitigation projects under the State/Territory Allocation must not exceed $2,000,000 federal cost share per applicant. Additionally, the applicant’s highest ranked subapplication (Capability and Capacity Building activity or hazard mitigation project) for the State/Territory Allocation must not exceed $2,000,000 federal cost share.

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

o Subapplications submitted to the State/Territory Allocation and Building Code

Plus-Up, as well as Project Scoping subapplications selected from the National Competition will count towards the $1,500,000 minimum spend requirement.

https://www.fema.gov/about/strategic-plan/appendices/learning-agenda https://www.congress.gov/bill/115th-congress/house-bill/4174

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

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

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

Additionally, the applicant’s highest ranked subapplication (Capability and Capacity Building activity) for the Tribal Set-Aside must not exceed $2,000,000 federal cost share.

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

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

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

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

• Activities under this category should enable the adoption and enforcement of building codes based on both the International Building Code (IBC) and the International Residential Code (IRC) model codes published by the International Code Council (ICC) either through Mandatory State-Wide or Territory Building Code Adoption Requirement or via Local Code Adoption Requirement (2021 or 2024 versions of IBC and IRC). For any consensus-based codes, specifications, or standards used to carry out these activities, the two most recently published editions may be used.

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

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

• The maximum total selection for the Tribal Building Code Plus-Up is $2,000,000, to carry out eligible building code adoption and enforcement activities such as o Evaluate adoption and/or implementation of codes that reduce risk o Enhance existing adopted codes to incorporate more current requirements or higher standards (excluding construction) o Develop professional workforce capabilities relating to building codes through technical assistance and training

• Activities under this category should enable the adoption and enforcement of building codes based on both the International Building Code (IBC) and the International Residential Code (IRC) model codes published by the International Code Council (ICC) either through Mandatory State-Wide or Territory Building Code Adoption Requirement or via Local Code Adoption Requirement (2021 or 2024 versions of IBC and IRC). For any consensus-based codes, specifications, or standards used to carry out these activities, the two most recently published editions may be used.

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

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

In addition, FEMA will assign up to 10% of National Competition funding for project scoping activities. Applicants may submit an unlimited number of project scoping subapplications to the national competition.

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

2. Period of Performance: 36 months

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

Extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to Section H.3. of this funding opportunity.

FEMA awards under the BRIC program only include one budget period; it will be the same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”

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

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

FEMA

5. Funding Instrument Type: Grant https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.1

C. Eligibility Information

1. Eligible Applicants

• States

• District of Columbia

• U.S. territories

• Federally recognized Tribal nations

Each state, territory, the District of Columbia, and federally recognized Tribal nations shall designate an agency of their choice to serve as the applicant for BRIC funding. The designee is strongly encouraged to conduct outreach prior to and during the application process with disadvantaged communities, including federally recognized Tribal nations, Tribal entities, all census tracts identified as disadvantaged within the Climate and Economic Justice Screening Tool (CEJST) as referenced in EO 14008, Community Disaster Resilience Zones. Each applicant’s designated agency may submit only one BRIC grant application to FEMA.

Subapplications under which two or more entities would carry out the award are eligible, such as a multi-state or multi-tribal initiative; however, only one entity may be the subapplicant with primary responsibility for carrying out the subaward.

2. Applicant Eligibility Criteria

• States and territories that have had a major disaster declaration under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act in the seven years prior to the annual application period start date are eligible to apply to FEMA for federal assistance under BRIC (applicants). As a result of numerous major disaster declarations, all states, territories, and the District of Columbia are eligible to apply in

FY 2024.

• Federally recognized Tribal nations that have had a major disaster declaration under the Stafford Act in the seven years prior to the annual application period start date or are entirely or partially located in a state or territory that has had a major disaster declaration in the seven years prior to the annual application period start date are eligible to apply to FEMA for federal assistance under BRIC as applicants or subapplicants to eligible states and territories. As a result of numerous major disaster declarations, all federally recognized Tribal nations are eligible to apply in FY 2024.

• 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. (Hazard mitigation planning subapplications submitted by applicants are exempt from this hazard mitigation plan requirement).

• To be considered for financial assistance, all applicants must submit their FY 2024 BRIC grant applications to FEMA via FEMA GO (see Section D).

3. Subawards and Beneficiaries

a. Subaward Allowability Communities, including local governments, cities, townships, counties, special district governments, and Tribal nations (including federally recognized Tribal nations who choose to apply as subapplicants) are considered subapplicants and must submit subapplications for financial assistance to their state/territory/tribal applicant https://screeningtool.geoplatform.gov/en/#8/0/0 https://screeningtool.geoplatform.gov/en/#8/0/0 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.fema.gov/disaster/stafford-act https://www.fema.gov/disaster/stafford-act https://www.ecfr.gov/current/title-44/chapter-I/subchapter-D/part-201 agency. Federally recognized Tribal nations who wish to apply as subapplicants rather than as applicants directly to FEMA must submit to their applicant agency.

State Hazard Mitigation Officers are able to provide more information and answer questions on the subapplication process.

Contact information is available on the State Hazard Mitigation Officers webpage.

b. Subrecipient Eligibility

• Local governments as defined in 44 U.S.C § 5122(6), are eligible to apply to eligible states and territories for federal assistance under BRIC (subapplicants).

• Subapplicants are required to have a FEMA approved Local or Tribal Hazard Mitigation Plan in accordance with 44 C.F.R. Part 201 by the application deadline and at the time of obligation of grant funds for hazard mitigation projects. Multi-jurisdictional plans (e.g., watershed plans) may be accepted, as appropriate, as long as each jurisdiction has participated in the process and has officially adopted the plan. State-wide plans will not be accepted as multi-jurisdictional plans.

• Regional planning districts (e.g., planning commissions or councils, councils of government, area development districts, or equivalent planning entities) without approved mitigation plans may serve as the subapplicant on behalf of a local government or Tribal nation within their service area if the local government or Tribal nation proposing the mitigation project/where the activity is located has a current FEMA approved Local or Tribal Mitigation Plan and the proposed activity is consistent with that plan.

• Subapplicants are exempt from the hazard mitigation plan requirement for the following Capability and Capacity Building activity types: (1) hazard mitigation planning and planning related activities, (2) partnerships, (3) building codes, and (4) project scoping.

o Federally recognized Tribal nations, submitting as subapplicants to a state or territory, are included in this exemption.

• Hazard mitigation plan integration, while not required to be eligible for BRIC, is encouraged. See Section H.15. for additional information. Local hazard mitigation plans must conform to the 2011 Local Mitigation Plan Review Guide, or 2022 Local Mitigation Planning Policy Guide, as applicable.

c. Beneficiaries or Participants

This NOFO and any subsequent federal awards create no rights or causes of action for any participant or beneficiary.

Individuals, businesses, and nonprofit organizations are not eligible to apply for BRIC funds as an applicant or subapplicant; however, an eligible applicant or subapplicant may apply for funding on behalf of individuals, businesses, and nonprofit organizations.

https://www.fema.gov/grants/mitigation/state-contacts https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-1999-title42-section5122&num=0 https://www.ecfr.gov/current/title-44/chapter-I/subchapter-D/part-201 https://www.fema.gov/sites/default/files/2020-06/fema-local-mitigation-plan-review-guide_09_30_2011.pdf https://www.fema.gov/sites/default/files/2020-06/fema-local-mitigation-plan-review-guide_09_30_2011.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf

4. Other Eligibility Criteria/Restrictions

All activities under BRIC must be in conformance with all criteria established by FEMA that are specific to the proposed activity, found in the 2024 Hazard Mitigation Assistance Program and Policy Guide (HMA Guide).

a. Phased Projects In general, sufficient technical information is provided by the applicant or subapplicant to allow FEMA to make an eligibility determination on a subapplication.

The costs to obtain this information are generally eligible as pre-award costs.

However, in some cases, it is beyond the subapplicant’s technical and financial resources to provide the information necessary to complete a full subapplication review (including but not limited to the EHP compliance review). The applicant and FEMA may provide technical assistance to the subapplicant to develop this complete body of technical data by approving a subapplication to finalize the project’s analysis and design, conduct applicable engineering studies, prepare a Benefit-Cost Analysis (BCA), and provide documentation for an EHP compliance review. This information could be developed or collected as part of project scoping or a phased project subapplication. Note that phased projects differ from project scoping activities.

Project scoping could help a community develop a project from the very beginning and include problem evaluation, analysis of alternatives, and development of project concept or initial design in addition to all the tasks eligible for a phased project. On the other hand, phased projects are used when a subapplicant has a preliminary plan or concept where FEMA can make initial eligibility, technical feasibility, and cost-effectiveness determinations. Phased projects are further along in development and have assessed and selected a project alternative that could be evaluated but still lack technical and financial resources to complete a full subapplication.

In the case of phased projects, the subapplicant could finalize during Phase I the required analysis and design, conduct applicable engineering studies, prepare a Benefit-Cost Analysis (BCA), and provide documentation for an EHP review. The Phase I deliverables provide FEMA with a technical body of information mutually concurred on by the subrecipient, the recipient, and FEMA to determine project eligibility, technical feasibility, and cost effectiveness. If the results of the Phase I review indicate that the project meets BRIC requirements, the project would then be eligible for funding for construction under a Phase II approval. Phase I funding is part of the project’s total estimated cost and is subject to BRIC cost share requirements.

The use of a phased approach should be limited to projects that require studies and technical or EHP information to complete the design and the EHP compliance review of the project. The following provides guidelines and outlines the process for selecting projects for Phase I/Phase II project approval.

I. PRE-SCREENING PROCESS

The subapplicant must submit documentation showing the project meets the following criteria for Phase I award:

https://www.fema.gov/grants/mitigation/guide

• State or Tribal (Standard or Enhanced) Hazard Mitigation Plan: The proposed project must be consistent with the State or Tribal (Standard or Enhanced) Hazard Mitigation Plan as well as the local or Tribal Hazard Mitigation Plan for the jurisdiction in which the activity is located.

• Justification for Selection of the Proposed Project: Phased projects must have a preliminary plan or concept that FEMA can use to determine eligibility. Justification must be provided for the selection of the proposed solution after consideration of at least two alternative options and for how the selected alternative mitigates the hazard and reduces risk to people, structure, or infrastructure. Projects that have not completed this analysis of alternatives should be further developed or submitted as a Project Scoping activity.

• Potential Cost-Effectiveness: The project demonstrates potential cost-effectiveness based on a preliminary assessment of anticipated project benefits and cost. The subapplicant must be aware that this preliminary assessment is solely for the purpose of the Phase I pre-screening process and is not the final cost-effectiveness determination. A preliminary benefit cost analysis (BCA) is required at the time of application. This requirement does not apply to an Economically Disadvantaged Rural Community, federally recognized Tribal nations, or subapplication within, or that primarily benefits a Community Disaster Resilience Zone, where the subapplicant is unable to calculate a BCR to demonstrate cost-effectiveness as stated in FEMA Policy: Benefit-Cost Analysis Discount Rate and Streamlined Cost-Effectiveness for HMA and PA Programs.

FEMA will calculate the BCA for the applicant to ensure cost effectiveness.

• Cost estimate: Phased project costs must be itemized and in alignment with the Phased project proposed scope of work clearly indicating the cost of Phase I and Phase II.

• EHP Review: The Phase I review is categorically excluded under NEPA review with some exceptions. EHP Phase I review should identify any potential EHP compliance issues and information needs required for Phase II review.

• Relevant Technical Data: The subapplicant provides available technical data such as alternative analysis, feasibility studies, preliminary engineering reports or designs, site surveys, existing or preliminary hydrologic and hydraulic data or preliminary geotechnical data, as appropriate.

II. PHASE I AWARD

The applicant and FEMA may approve projects meeting the above requirements for technical assistance under a Phase I award. FEMA and the applicant will coordinate closely to ensure mutual concurrence on all data and technical information as well as any conditions included in the Phase I Award as the Phase I technical review process proceeds. The following conditions must be met through the Phase I deliverables prior to progressing to Phase II:

https://www.fema.gov/sites/default/files/documents/fema_policy-206-23-001-bca-discount-rate-and-streamlined-approaches_april-24-2024.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-206-23-001-bca-discount-rate-and-streamlined-approaches_april-24-2024.pdf

• Relevant Technical Data: The applicant and FEMA will review technical data such as hydrologic and hydraulic, environmental, and geotechnical studies provided by the subapplicant, as appropriate.

• Preliminary Engineering Design: Based on the technical data, the subapplicant develops a preliminary engineering design and layout and cost estimates with ad hoc technical assistance from the applicant and

FEMA.

• Milestones: As available, the subapplicant must provide clear milestones (including those that will have Go/No Go criteria for competition projects) and proposed timelines, and a list of potential final deliverables.

• Federal Flood Risk Management Standard: If applicable, based on the technical data and revised engineering design, the project must demonstrate compliance with floodplain management requirements under FEMA Policy 206-24-005. If a Flood Insurance Rate Map (FIRM) amendment or revision will be necessary under the provisions of the National Flood Insurance Program (NFIP), the applicant and FEMA will provide the subapplicant with technical assistance to meet this requirement.

• Refinement of the Cost-Effectiveness Assessment: Based on the revised design and cost estimates, the applicant and FEMA will refine the preliminary assessment of cost-effectiveness conducted prior to Phase I approval. This will result in a final BCR to assess the project’s cost-effectiveness, which will include all the project costs, including those associated with Phase I.

• EHP Review: The applicant and FEMA will conduct a review of the revised project design to ensure EHP compliance. The project will meet EHP requirements before Phase II approval.

• Note that eligible activities under a Phase I award are defined in the award package and are based on the submitted and reviewed Phase I scope of work.