FY_2024_FMA Swift Current_NOFO_Amendment_4-22-2026_CLEAN508.pdf

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The Department of Homeland Security (DHS)

Notice of Funding Opportunity (NOFO)

Fiscal Year 2024 Flood Mitigation Assistance Swift Current Amendment 2

Fraud, waste, abuse, mismanagement, and other criminal or noncriminal misconduct related to this program may be reported to the Office of Inspector General (OIG) Hotline. The toll-free numbers to call are 1 (800) 323-8603 and TTY 1 (844) 889-4357.

Contents

1. Basic Information A. Agency Name B. NOFO Title C. Announcement Type D. Funding Opportunity Number E. Assistance Listing Number F. Expected Total Funding G. Anticipated Number of Awards H. Expected Award Range I. Projected Application Start Date J. Projected Application End Date K. Anticipated Funding Selection Date L. Anticipated Award Date M. Projected Period of Performance Start Date N. Projected Period of Performance End Date O. Executive Summary P. Agency Contact

2. Eligibility A. Eligible Entities/Entity Types B. Project Type Eligibility C. Requirements for Personnel, Partners, and Other Parties D. Maximum Number of Applications E. Additional Restrictions F. References for Eligibility Factors within the NOFO G. Cost Sharing Requirement H. Cost Share Description, Type and Restrictions I. Cost Sharing Calculation Example J. Required information for verifying Cost Share

3. Program Description A. Background, Program Purpose, and Program History B. Goals and Objectives C. Program Rationale D. Federal Assistance Type E. Performance Measures and Targets F. Program-Specific Unallowable Costs G. General Funding Requirements

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H. Indirect Costs (Facilities and Administrative Costs) I. Management and Administration (M&A) Costs J. Pre-Award Costs K. Beneficiary Eligibility L. Participant Eligibility M. Authorizing Authority N. Appropriation Authority O. Budget Period P. Prohibition on Covered Equipment or Services

4. Application Contents and Format A. Pre-Application, Letter of Intent, and Whitepapers B. Application Content and Format C. Application Components D. Program-Specific Required Documents and Information E. Post-Application Requirements for Successful Applicants

5. Submission Requirements and Deadlines A. Address to Request Application Package B. Application Deadline C. Pre-Application Requirements Deadline D. Post-Application Requirements Deadline E. Effects of Missing the Deadline

6. Intergovernmental Review A. Requirement Description and State Single Point of Contact

7. Application Review Information A. Threshold Criteria B. Application Criteria C. Financial Integrity Criteria D. Supplemental Financial Integrity Criteria and Review E. Reviewers and Reviewer Selection F. Merit Review Process G. Final Selection

8. Award Notices A. Notice of Award B. Pass-Through Requirements C. Note Regarding Pre-Award Costs D. Obligation of Funds E. Notification to Unsuccessful Applicants

9. Post-Award Requirements and Administration A. Administrative and National Policy Requirements B. DHS Standard Terms and Conditions C. Financial Reporting Requirements D. Programmatic Performance Reporting Requirements E. Closeout Reporting Requirements F. Disclosing Information per 2 C.F.R. § 180.335 G. Reporting of Matters Related to Recipient Integrity and Performance H. Single Audit Report

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I. Monitoring and Oversight J. Program Evaluation K. Additional Performance Reporting Requirements Not applicable L. Termination of Federal Award M. Best Practices N. Payment Information O. Immigration Conditions

10. Other Information A. Period of Performance Extension B. Other Information C. Appendices

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1. Basic Information

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

B. NOFO Title Fiscal Year 2024 Flood Mitigation Assistance Swift Current (FMA Swift Current)

C. Announcement Type

Modification

D. Funding Opportunity Number

DHS-24-MT-144-000-99

E. Assistance Listing Number

97.144

F. Expected Total Funding

$500 million for individual flood mitigation projects and scoping efforts that result in submission of individual flood mitigation projects for Repetitive Loss (RL), Severe Repetitive Loss (SRL), or Substantially Damaged (SD) properties. 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.

FEMA will distribute the available fiscal year 2024 Flood Mitigation Assistance Swift Current funding amount as follows until the total available funding amount is exhausted:

a. Applicant Maximum Set-Aside variable up to $40 million

• The applicant maximum set-aside may be used for:

o Individual flood mitigation projects that mitigate NFIP-insured structures that have been deemed Substantially Damaged after the applicant’s disaster declaration incident period start date, and/or NFIP-insured structures that are NFIP-defined or FMA-defined SRL or RL structures.

o Up to 1% of the applicant’s maximum set-aside may be used for project scoping. Exception: U.S. territories and federally recognized tribes applying directly to FEMA for assistance may apply for up to 5% of the tribe or territory’s maximum set-aside to use for project scoping. Project scoping awards will be considered part of the maximum set-aside for the applicant.

o All associated management costs. See “Management and Administration (M&A) Costs)” subsection for additional information on management costs.

• The applicant maximum set-aside determination may be up to $40 million. All maximum set-asides require the applicants to have a major disaster declaration for a flood-related event declared

5 | P a g e between June 1, 2024, and May 31, 2025. FEMA will determine the maximum set-aside based on the following criteria:

o If the applicant has at least $1 million in NFIP flood insurance claims with payment in the twelve months prior to the disaster declaration date, the applicant receives a maximum set-aside up to $10 million.

o If the applicant has 500 or more NFIP flood insurance claims submitted, resulting from the declared flood-related disaster event, the applicant receives a maximum set-aside up to $10 million.

o If the applicant has at least $5 million in NFIP flood insurance claims with payment in the twelve months prior to the disaster declaration date, the applicant receives a maximum set-aside up to $20 million.

o If the applicant has at least $1 million in NFIP flood insurance claims with payment in the twelve months prior to the disaster declaration date AND has 500 or more NFIP flood insurance claims submitted, resulting from the declared flood-related disaster event, the applicant receives a maximum set-aside up to $20 million.

o If the applicant has at least $5 million in NFIP flood insurance claims with payment in the twelve months prior to the disaster declaration date AND has 500 or more NFIP flood insurance claims submitted, resulting from the declared flood-related disaster event, the applicant receives a maximum set-aside up to $40 million.

o If federally recognized tribes and U.S. territories do not meet the NFIP flood insurance claims-based maximum set-aside determination criteria above, then the tribal and territorial maximum set-aside is up to $5 million.

o The special consideration maximum set-aside is up to $5 million. This is made available to applicants that submit a request for special consideration for FMA Swift Current to the FEMA Regional Administrator. The FEMA Regional Administrator will forward their recommendation to the FEMA Administrator for approval.

b. Subsequent Activations Applicants with an FY 2024 FMA Swift Current-activating event that receive additional flood-related disaster declarations may be eligible for subsequent FY 2024 FMA Swift Current activations. An applicant who has accepted an FMA Swift Current activation during the NOFO Availability Window is eligible for subsequent FMA Swift Current activations if the applicant meets the following disaster declaration and claims-based criteria. Applicants may be eligible for multiple subsequent FMA Swift Current activations.

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The applicant meets the subsequent FMA Swift Current activation criteria when:

• The applicant receives a major disaster declaration for a flood-related disaster event between the immediate previous FMA Swift Current activation and the subsequent disaster declaration deadline of May 31, 2025. A flood-related disaster event includes coastal storms, hurricanes, remnants of hurricanes, and floods; and

• The applicant meets at least one of the following three conditions:

o The applicant has at least $1 million in prior NFIP flood insurance claims from the previous FMA Swift Current activation disaster declaration date to the subsequent disaster declaration date; or o The applicant has 500 or more NFIP flood insurance claims resulting from the subsequent declared flood-related disaster event; or o The applicant is a U.S. Territory or Possession or a federally recognized Indian/Native American Tribal Government applying directly to FEMA.

During the FMA Swift Current availability window, the applicant’s eligibility period begins 60 days after the applicant both receives a subsequent major disaster declaration for a flood-related disaster event and meets the FMA Swift Current activation criteria above. Please note that there may be unique circumstances in which it may take more than 60 days to determine whether an applicant meets the FMA Swift Current activation criteria.

Subsequent Activation Set-Aside and Application Period The applicant maximum set-aside determination may be up to $30 million. All maximum set-asides require the applicants to have a major disaster declaration for a flood-related event declared between June 1, 2024, and May 31, 2025. FEMA will determine the maximum set-aside based on the following criteria:

i. If the applicant has at least $1 million in NFIP flood insurance claims with payment from the previous FMA Swift Current activation disaster declaration date to the subsequent disaster declaration date, the applicant receives a maximum set-aside up to $10 million. The application submission deadline is 120 days after the eligibility period start date; or

ii. If the applicant has 500 or more NFIP flood insurance claims submitted resulting from the subsequent declared declaration date, the applicant receives a maximum set-aside up to $10 million. The application submission deadline is 120 days after the eligibility period start date; or

iii. If the applicant has 2,500 or more NFIP flood insurance claims submitted resulting from the subsequent declared flood-related

7 | P a g e disaster event, the applicant receives a maximum set-aside up to $30 million. The application submission deadline is 150 days after the eligibility period start date.

Exception: For U.S. territories and federally recognized tribal governments applying directly to FEMA for assistance and activated for subsequent FMA Swift Current offerings that do not meet the NFIP flood insurance claims-based subsequent activation maximum set-aside determination criteria above, then the tribal and territorial subsequent maximum activation set-aside is up to $5 million, and the application submission deadline is 150 days after the eligibility period start date.

c. FEMA shall make up to 10% of the available funding for Applicant Management Costs. See “Management and Administration (M&A) Costs” subsection for additional information on management costs.

d. For more information on FY 2024 FMA Swift Current funding priorities and eligible activities, see “Eligibility” and “Program Description” sections of this funding opportunity.

e. At the close of the final application period, FEMA may consider eligible subapplications submitted that exceeded the maximum applicant set-aside. FEMA will prioritize subapplications based on one or more of the following factors:

• Properties damaged by the incident for which the major disaster was declared;

• Availability of funding; or

• Program priorities and policy factors.

FEMA may provide additional federal funding in the event of a cost overrun.

G. Anticipated Number of Awards

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

H. Expected Award Range

Variable up to $40 million

I. Projected Application Start Date

Will vary by award. FEMA will accept FY 2024 FMA Swift Current applications based on the applicant eligibility period which is unique to each eligible FMA Swift Current activated event. Applicant eligibility period refers to the time that the applicant may submit subapplications for the FY 2024 FMA Swift Current funding opportunity.

The availability window refers to the time period, from June 1, 2024, through December 30, 2026. Major disaster declarations for a flood-related disaster event must be declared between June 1, 2024, and May 31, 2025, to be considered as an eligible activating event for FY 2024 FMA Swift Current. Following determination of an eligible FMA Swift

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Current activating event, the applicant will be notified by FEMA regarding eligibility and other critical information including deadlines, available maximum set-aside, and other information within 60 days of the disaster declaration. Please note that there may be unique circumstances in which it may take more than 60 days to determine whether an applicant meets the FMA Swift Current activation criteria.

The applicant eligibility period start date will vary by applicant. The applicant’s eligibility period is the time in which applications may be submitted by the applicant. The applicant eligibility period will generally begin 60 days after the date of the flood-related disaster event declaration.

Generally, the eligibility period is 120 days.

J. Projected Application End Date

Upon FMA Swift Current activation, the application deadline date will be provided to the applicant. If the applicant has more than $1 million in 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 days. If the applicant is a U.S. Territory or Possession or federally recognized Indian/Native American Tribal Government applying directly to FEMA for assistance, their eligibility period is 150 days. At the start of an applicant’s eligibility period, FEMA will determine a maximum set-aside for that applicant. 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 maximum set-aside 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 2024 FMA Swift Current available funds.

K. Anticipated Funding Selection Date

Variable

L. Anticipated Award Date

Variable

M. Projected Period of Performance Start Date

Will vary by award. 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.

N. Projected Period of Performance End Date

36 months from date of award unless otherwise approved by FEMA.

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O. Executive Summary

FY 2024 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 Indian/Native American 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.

FMA funds a variety of flood mitigation activities that are designed to reduce flood risk to NFIP policyholders in an effort to reduce the NFIP’s financial exposure.

P. Agency Contact a. Program Office Contact General questions about the FMA program can be directed to the appropriate FEMA Regional Office or State Hazard Mitigation Officer.

Tribal nations can find their Regional Tribal Liaison email at the Federally Recognized Tribes webpage. Tribal nations with land that crosses multiple FEMA regions should work with the region in which their tribal headquarters is located; that will be their primary region of support.

The HMA Helpline is available by email fema-hmahelpline@fema.dhs.gov.

For questions about cost-effectiveness and FEMA’s Benefit Cost Analysis (BCA) software, contact the BC Helpline by email BCHelpline@fema.dhs.gov.

The Building Science Helpline is available for guidance on FEMA Building Science publications by email FEMA- BuildingScienceHelp@fema.dhs.gov.

b. FEMA Grants News This channel provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. FEMA Grants News Team is reachable at fema-grants-news@fema.dhs.gov OR (800) 368- 6498, Monday through Friday, 9:00 AM – 5:00 PM ET.

c. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. AAD can be contacted at ASK-GMD@fema.dhs.gov.

d. FEMA Regional Offices

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

https://www.fema.gov/about/contact https://www.fema.gov/grants/mitigation/state-contacts https://www.fema.gov/about/organization/tribal-affairs/federally-recognized mailto:fema-hmahelpline@fema.dhs.gov mailto:fema-hmahelpline@fema.dhs.gov mailto:BCHelpline@fema.dhs.gov mailto:FEMA-BuildingScienceHelp@fema.dhs.gov mailto:FEMA-BuildingScienceHelp@fema.dhs.gov mailto:fema-grants-news@fema.dhs.gov mailto:ASK-GMD@fema.dhs.gov

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FEMA Regional Offices also may provide fiscal support, including pre-and post-award administration and technical assistance. contact information is available at https://www.fema.gov/fema-regional-contacts.

e. Civil Rights Consistent with Executive Order 14173, Ending Illegal Discrimination & Restoring Merit-Based Opportunity, the FEMA Integration and Coordination Division is responsible for ensuring compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA. They are reachable at FEMA-CivilRightsOffice@fema.dhs.gov.

f. Environmental Planning and Historic Preservation The FEMA Office of Environmental Planning and Historic Preservation (OEHP) provides guidance and information about the EHP review process to FEMA programs and recipients and subrecipients. Send any inquiries regarding compliance for FEMA grant projects under this NOFO to FEMA-OEHP-NOFOQuestions@fema.dhs.gov.

g. Payment and Reporting System FEMA uses FEMA Grants Outcomes (FEMA GO) for financial reporting, invoicing, and tracking payments. The Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment is used for recipients. For any questions about the system, contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 9:00

AM – 6:00 PM ET.

h. FEMA GO For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 9:00 AM – 6:00 PM ET.

i. FEMA Preparedness Toolkit The FEMA Preparedness Toolkit (PrepToolkit) provides access to tools and resources needed to implement the National Preparedness System and provides a collaborative space for communities completing the Unified Reporting Tool (URT). Recipients complete and submit their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR), and other required assessments using the PrepToolkit. For assistance, contact support@preptoolkit.fema.dhs.gov.

2. Eligibility

A. Eligible Entities/Entity Types

Only the following entities or entity types are eligible to apply.

a. Applicants https://www.fema.gov/fema-regional-contacts mailto:FEMA-CivilRightsOffice@fema.dhs.gov mailto:FEMA-OEHP-NOFOQuestions@fema.dhs.gov https://usfema.sharepoint.com/teams/TFIMABRIC/Shared%20Documents/General/NOFO%20and%20Assistance%20Listing%20files/FY24%20BRIC%20NOFO/FY24%20NOFO%20Package/femago@fema.dhs.gov mailto:femago@fema.dhs.gov https://preptoolkit.fema.gov/ mailto:support@preptoolkit.fema.dhs.gov

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1. Eligible Applicants

• State

• District of Columbia

• U.S. territory

• Indian/Native American Tribal Government (Federally

Recognized)

Each state, U.S. Territory or Possession, the District of Columbia, and federally recognized Indian/Native American Tribal Government shall designate one agency to serve as the applicant for FMA Swift Current funding. The designee is strongly encouraged to conduct outreach with NFIP participating communities prior to and during the application process. Each applicant’s designated agency may submit only one FMA grant application to FEMA at a time.

2. Applicant Eligibility Criteria

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

i. The applicant receives a major disaster declaration for a flood-related disaster event between June 1, 2024, and the disaster declaration deadline of May 31, 2025. A flood-related disaster event includes coastal storms, hurricanes, remnants of hurricanes, and floods; and

ii. 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 in the twelve months prior to the disaster declaration date; or

• The applicant has 500 or more NFIP flood insurance claims resulting from the declared flood-related disaster event; or

• The applicant is a U.S. Territory or Possession or a federally recognized Indian/Native American Tribal Government2 applying directly to FEMA.

• Special Consideration: If the applicant receives a major disaster declaration for a flood-related disaster event between June 1, 2024, and May 31, 2025, but does not meet any of the three additional conditions listed above, the applicant may submit a

2 If a federally recognized Indian/Native American 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 (in the twelve months prior to the disaster declaration date) or the applicant has 500 or more NFIP flood insurance claims in the declared flood-related disaster event).

12 | P a g e request to their FEMA Regional Administrator (RA) for special consideration for FMA Swift Current within 60 days of the declared disaster. The applicant may submit a request to their FEMA RA by contacting the Regional Office contact listed at FEMA Regional Contacts. By submitting a request for special consideration for FMA Swift Current, the applicant certifies that any FMA Swift Current funding will align with the applicant's SRL, RL and SD plans and strategies. The FEMA RA 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 a maximum set-aside of up to $5 million.

b. All applicants must be participating in the NFIP, and not be withdrawn, on probation, or suspended. NFIP community status can be verified at Community Status Book.

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

c. Applicants are required to have a FEMA-approved state hazard mitigation plan or tribal 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.

d. To be considered for financial assistance, all applicants must submit their FY 2024 FMA Swift Current grant applications to FEMA via FEMA GO.

https://www.fema.gov/fema-regional-contacts https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book

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e. At the close of the final application period, FEMA may consider eligible subapplications submitted that exceeded the maximum applicant set-aside. FEMA will prioritize subapplications based on one or more of the following factors:

• Availability of funding; and

• Program priorities and policy factors.

b. Subapplicants Subapplicants and subawards are allowed.

Subapplicants should not have foreign nationals or noncitizens included. If a subapplicant has foreign nationals, they must be properly vetted and must adhere to all government statues, polices, and procedures including “staff American, stay in America” and security requirements.

1. Eligible Subapplicants

• City or Township

• County

• Special District

• Indian/Native American Tribal Government (Federally

Recognized)

2. Subaward Allowability 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 Indian/Native American 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.

https://www.fema.gov/grants/mitigation/state-contacts

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3. Subapplicant Eligibility All subapplicants must be participating in the NFIP, and not be withdrawn, on probation, or suspended. NFIP community status can be verified at Community Status Book.

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. Local hazard mitigation plans must conform to the Local Plan Review Guide, or any subsequent local mitigation planning guide that supersedes it.

B. Project Type Eligibility

Applicants and recipients should actively coordinate and collaborate with their local and state authorities to help ensure and prioritize the commitment of future non-federal investments in order to sustain staffing capabilities once an award’s period of performance ends.

a. Unallowable Project Types

• Localized flood risk reduction projects

• Capability and capacity building projects other than project scoping

b. Allowable Project Types

• Individual flood mitigation projects

• Project scoping

• Management costs

C. Requirements for Personnel, Partners, and Other Parties

Not applicable.

D. Maximum Number of Applications

Not applicable.

E. Additional Restrictions

Applicants/subapplicants or recipients/subrecipients are required to certify their compliance with federal statues, DHS directives, polices, and procedures.

a. Properties included in individual flood mitigation project subapplications must be NFIP-insured properties that were deemed Substantially Damaged after the applicant’s disaster declaration incident period start date, or NFIP-insured FMA and/or NFIP-defined SRL properties or RL properties.

b. All activities under FMA Swift Current must be in conformance with all criteria established by FEMA that is specific to the proposed activity.

https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book

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c. All activities where a mitigated structure remains (elevation, mitigation reconstruction, floodproofing, etc.) must be designed in accordance with NFIP standards in 44 CFR Part 60 and the most recently adopted edition of ASCE 24 as minimum design criteria.

The scope of work narrative should clearly state the structure will be designed to meet ASCE 24 criteria.

d. 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 hazard 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.

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

f. 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 Memorandum on Critical Infrastructure Security and Resilience | CISA. 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.

F. References for Eligibility Factors within the NOFO

Please see the following references provided below:

1. “Eligibility” section.

2. “Program Description” section.

3. “Application Review Information” section.

4. “Additional Restrictions” subsection.

5. “Financial Integrity Criteria” subsection.

6. “Supplemental Financial Integrity Criteria and Review” subsection.

7. FEMA may/will request financial information such as

Employer Identification Number (EIN) and bank information as part of the potential award selection. This will apply to everyone prospered, including subrecipients.

G. Cost Sharing Requirement

Applicants and subapplicants selected for this award must commit to an acceptable cost share agreement. Otherwise, they will not be https://usfema.sharepoint.com/teams/TFIMAFMAPD/Shared%20Documents/General/FMA%20Swift%20Current/FY2024%20Swift%20Current/Notice%20of%20Funding%20Opportunity%20(NOFO)/FY24%20Swift%20Current%20NOFO%20Amendment%202/Concurrence/6.%20TRIAD%20Round%202/State%20Hazard%20Mitigation%20Officers https://www.cisa.gov/national-security-memorandum-critical-infrastructure-security-and-resilience https://www.cisa.gov/national-security-memorandum-critical-infrastructure-security-and-resilience

16 | P a g e funded. See “Cost Share Description, Type and Restrictions” subsection for more information.

H. Cost Share Description, Type and Restrictions

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

a. Management Costs The applicant's management cost is up to 10% of the aggregate of all total subapplication budgets. Management costs are inclusive of the maximum set-aside, not in addition to it. See “Management and Administration (M&A) Costs” subsection for additional information on management costs.

b. Individual Flood Mitigation Projects Federal Cost Share Options and Definitions

1. Up to 100% federal cost share funding for FMA-defined

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

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

ii. Has incurred flood-related damage.

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

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

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

2. Up to 90% federal cost share funding for FMA-defined Repetitive Loss (RL) properties, which, as defined 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% of the market value of the structure at the time of each such flood event; and

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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.

3. 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.

c. Project Scoping Project scoping cost share for this program is 75% federal cost share and 25% non-federal cost share.

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

FEMA may consider the non-federal cost share based on availability of remaining federal funds.

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

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For insular areas (American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands), FEMA waives the non-federal cost share for the applicant 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 applicant.

The applicant may request 100% cost-share in its application.

The non-federal cost share may consist of cash, donated or third-party in-kind services, materials, or any combination thereof. Cash and third-party in-kind matches must consist of eligible costs (i.e., same eligibility as the federal share). Applicants cannot apply other federal award funds toward the non-federal cost share unless the other federal statutory authority allows the funds to be used to meet cost-share requirements3 .

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

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

I. Cost Sharing Calculation Example

See the “Cost Share Description, Type and Restrictions” section above for examples of cost sharing calculations.

J. Required information for verifying Cost Share

FEMA administers cost share requirements consistent with 2 C.F.R. § 200.1, 2 C.F.R. § 200.306 and 2 C.F.R. § 200.434. To meet cost share requirements, the non-federal contributions must be verifiable from the subrecipient’s records; reasonable, allowable, allocable and necessary under the federal program; and compliant with all federal requirements and regulations.

Please see the “Application Format and Contents” section for more details.

3 For this funding opportunity, FEMA’s Safeguarding Tomorrow Through Ongoing Risk Management Revolving Loan Fund (Safeguarding Tomorrow RLF) Program loans are not eligible for non-federal cost share funding.

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Maintenance of Effort Not Applicable

3. Program Description A. Background, Program Purpose, and Program History FMA Swift Current makes federal funds available to states, U.S. territories, federally recognized tribal governments,4 and local governments5 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 by acknowledging the increasing flood hazards to communities, anticipated growth of damage and Repetitive Losses due to flood, and the need for flood hazard risk mitigation activities that reduce the NFIP’s financial exposure.

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, or Substantially Damaged.

B. Goals and Objectives The goal of FMA Swift Current is to:

1. Reduce or eliminate the flood risk to of NFIP-participating communities and repetitive flood damage to structures and buildings insured by the NFIP following a flood-related disaster event; and

2. Enhance community flood resilience within NFIP-participating communities.

The FMA Swift Current opportunity provides allocated funds to states, U.S. territories, federally recognized tribal governments and local governments based on the applicant’s flood-related disaster declaration status combined with flood insurance claims-related status to meet the following objectives:

1. Implement individual flood mitigation projects for Repetitive Loss, Severe Repetitive Loss, or substantially damaged properties in line with the applicant’s flood-related disaster declaration; and

2. Implement project scoping to build capability and capacity to pursue individual flood mitigation projects which aim to reduce flood risk to NFIP policyholders.

C. Program Rationale

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

5 The term “local government,” as used in this funding opportunity, has the same meaning as “Community,” as defined at 44 C.F.R. § 77.2(d).

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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. It does so by providing funding for mitigation opportunities immediately after a flood disaster event with the aim of delivering timely mitigation outcomes.

FMA Swift Current funds project scoping that results in development of individual mitigation projects eligible under FMA Swift Current, and individual flood mitigation projects for Repetitive Loss, Severe Repetitive Loss, or properties deemed substantially damaged by the local jurisdiction according to the jurisdiction’s floodplain management ordinance after the applicant’s disaster declaration incident period start date. The incident period start date refers to the first date of the incident (i.e., flood event) associated with the applicant’s flood-related major disaster6 declaration that activates eligibility for FMA Swift Current. Disaster declaration information can be found on FEMA’s disaster declaration website Disasters and Other Declarations.

D. Federal Assistance Type Grant

E. Performance Measures and Targets 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:

1. Total number of NFIP-insured properties selected that are deemed Substantially Damaged after the applicant’s disaster declaration incident period start date, and properties that are FMA and/or NFIP-defined7 Severe Repetitive Loss (SRL) or Repetitive Loss (RL) (500-700 properties).

2. Number of state, local, tribal and territorial governments (SLTTs) that attended tailored pre-application support and outreach activities hosted by FEMA (5-10 SLTT Support and outreach activities).

3. Timeliness of obligation from the disaster declaration date (12 months).

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

Swift Current subapplications (Dollar amount TBD).

FEMA will further assess the recipient’s performance against the program objective during the award closeout process as outlined in “Closeout Reporting Requirements” subsection of this funding opportunity.

6 Sec. 102. Definitions (42 U.S.C. 5122) As used in this Act - (2) Major Disaster - “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. See Stafford Act, as Amended - FEMA P-592 vol. 1 May 2021.

7 For the NFIP definition of an SRL and RL property, refer to 42 U.S.C. § 4014(h).

https://www.fema.gov/disaster/declarations https://www.fema.gov/sites/default/files/documents/fema_stafford_act_2021_vol1.pdf

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F. Program-Specific Unallowable Costs

1. Exercise-related costs.

2. Operational overtime costs.

3. Any expenses not directly tied to the approved flood mitigation project activities.

4. Costs that are not considered necessary or directly related to the project's goals, like personal use of goods or services, entertainment expenses, and excessive administrative costs.

G. General Funding Requirements Costs charged to federal awards (including federal and non-federal cost share funds) must comply with applicable statutes, rules and regulations, policies, this funding opportunity, and the terms and conditions of the federal award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered within the budget period. 2 C.F.R.

§ 200.403(h).

Recipients may not use federal funds or any cost share funds for the following activities:

1. Matching or cost sharing requirements for other federal grants and cooperative agreements (see 2 C.F.R. § 200.306).

2. Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. § 200.450.

3. Prosecuting claims against the federal government or any other government entity (see 2

C.F.R. § 200.435).

H. Indirect Costs (Facilities and Administrative Costs) Indirect costs are allowed for indirect costs of administering the FMA program as part of the 10% management costs for the recipient or the 5% management costs of the subrecipient, but in no case do they make the recipient eligible for additional management costs that exceed the statutory caps. In addition, all costs must be in accordance with the provisions of 2 C.F.R. parts 200 and 3002.

Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application.

Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the Grants Management Specialist for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the Grants Management Specialist for further instructions.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRea20080eff2ea53/section-200.403 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRea20080eff2ea53/section-200.403 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title18-section1913&num=0&edition=1999 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.450 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.435 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.435

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Subapplicants are not required to submit negotiated indirect cost rate agreements or proposals directly to FEMA, but they may need to submit them to the applicable applicants per 2 C.F.R. § 200.332.

I. Management and Administration (M&A) Costs M&A costs are allowed per 44 C.F.R § 77.7. Applicants and subapplicants are eligible to request up to 10% and 5%, respectively, of the total costs (federal and non-federal shares) for…