FY_2024_Swift_Current_NOFO_Amendment 1_12.5.2024_final.pdf

FY 2024 FMA Swift Current NOFO Amendment #1

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

Fiscal Year 2024 Flood Mitigation Assistance Swift Current Amendment #1, December 5, 2024

SUMMARY OVERVIEW OF KEY INFORMATION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD MITIGATION

ASSISTANCE (FMA) SWIFT CURRENT

Program Overview

Fiscal Year 2024 Flood Mitigation Assistance (FMA) Swift Current aims to better align the delivery of FMA flood mitigation funding to the disaster survivor experience.

The FMA grant program makes federal funds available to states, U.S.

territories, federally recognized tribal governments,1 and local governments to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP), and within NFIP-participating communities. It does so with a recognition of the growing flood hazards associated with climate change,2 and of the need for flood hazard risk mitigation activities that promote climate adaptation, equity, and resilience with respect to flooding. These include both acute extreme weather events and chronic stressors which have been observed and are expected to increase in intensity and frequency in the future.

Goals and Objective

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

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

1 The term “federally recognized tribal government,” as used in this funding opportunity, has the same meaning as “Indian

Tribal government,” as defined at 44 C.F.R. § 77.2(f).

Climate change is defined as “Changes in average weather conditions that persist over multiple decades or longer. Climate change encompasses both increases and decreases in temperature, as well as shifts in precipitation, changes in frequency and location of severe weather events, and changes to other features of the climate system” (https://nca2023.globalchange.gov/chapter/appendix-5/).

https://nca2023.globalchange.gov/chapter/appendix-5/

Mitigation Projects that are Severe Repetitive Loss, Repetitive Loss, or Substantially Damaged.

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

Deadlines NOFO Availability Window Start Date: 6/1/2024 NOFO Availability Window End Date: 1/15/2026 Disaster Declaration Deadline: 5/31/2025 Applicant Eligibility Period Start Date: Varies by applicant and dependent on disaster declaration date.

Application Submission Deadline: Varies by applicant; typically 120 calendar days after the applicant’s eligibility period start date at

03:00:00 PM ET.

Funding Amount Available Funding for the NOFO: $300,000,000 $500,000,000 for Individual Flood Mitigation Projects and scoping efforts that result in submission of Individual Flood Mitigation Projects for repetitive loss, severe repetitive loss, or substantially damaged properties.

Eligible Applicants States District of Columbia U.S. territories Federally recognized tribal governments

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

Individual Flood Mitigation Projects federal share options:

Up to 100% federal cost share funding for FMA-defined Severe Repetitive Loss (SRL) properties, as defined in 42 U.S.C. § 4104c(h)(3)(B)(i) or (B)(ii); or Up to 90% federal cost share funding for FMA-defined Repetitive Loss (RL) properties, as defined in 42 U.S.C. § 4121(a)(7); or Up to 90% federal cost share funding for each NFIP-insured property located within a census tract with a Centers for Disease Control and Prevention (CDC) Social Vulnerability Index (SVI) score of not less than 0.5001, and the activity must be funded by the Bipartisan Infrastructure Law (BIL). FEMA will determine the CDC SVI score using the following three SVI themes: Socioeconomic Status, Household Characteristics, and Housing Type and Transportation; or Up to 75% federal cost share funding if a higher federal cost share is not available.

Build America, Buy America Act

All applicable FMA Swift Current 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-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: $300 $500 million

2. Projected Number of Awards: Variable

3. Period of Performance: 36 months

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

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

6. Projected Budget Period(s)

7. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Subawards and Beneficiaries

4. Other Eligibility Criteria/Restrictions

5. Cost Share or Match

D. Application and Submission Information

1. Key Dates and Times

a. Availability Window Start Date: 6/1/2024

b. Availability Window End Date: 1/15/2026

c. Disaster Declaration Deadline: 5/31/2025

d. Eligibility Period Start Date Varies by applicant https://sam.gov/content/entity-%20registration https://sam.gov/content/entity-%20registration https://www.grants.gov/forms/forms-development/planned-uei-updates https://www.grants.gov/forms/forms-development/planned-uei-updates

e. Application Submission Deadline: Varies by applicant;

03:00:00 PM ET

f. 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 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 The following program-specific forms or information are required to be submitted in

FEMA GO:

11. Other Submission Requirements

a. National Environmental Policy Act Requirement for Hazard Mitigation Projects ... 32

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

c. 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. Applicants and subapplicants who are not selected for awards or subawards, or do not meet the requirements of the HELP Act (if seeking reimbursement under HELP Act), will not receive reimbursement for the corresponding pre-award costs. Indirect [Deleted Text Start] Facilities & Administrative (F&A)[Deleted Text End] Costs

d. 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. Selection

b. Selection Status

c. Request for Reconsideration

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

a. DHS Standard Terms and Conditions

b. Ensuring the Protection of Civil Rights

c. Environmental Planning and Historic Preservation (EHP) Compliance

d. Construction Project Requirements

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. Equal *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

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. 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 (HMA) Division

2. Assistance Listings Number 97.144

3. Assistance Listings Title Flood Mitigation Assistance

4. Funding Opportunity Title Fiscal Year 2024 Flood Mitigation Assistance Swift Current (FMA Swift Current)

5. Funding Opportunity Number

DHS-24-MT-144-000-99

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

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

8. Announcement Type Initial Modification

9. Program Category Mitigation: Natural Hazards

10. Program Overview, Objectives, and Priorities

a. Overview

FMA Swift Current makes federal funds available to states, U.S. territories, federally recognized tribal governments,3 and local governments4 to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP) and within NFIP-participating communities. It does so with a recognition of the growing flood hazards associated with climate change,5 anticipated growth of damage and repetitive losses due to flood, and of the need for

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

4 The term “local government,” as used in this NOFO, has the same meaning as “Community,” as defined at 44 C.F.R. §

77.2(d).

5 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.”

(https://nca2023.globalchange.gov/chapter/appendix-5/) https://nca2023.globalchange.gov/chapter/appendix-5/) flood hazard risk mitigation activities that promote climate adaptation, equity, and resilience with respect to flooding. These include both acute, extreme weather events as well as chronic stressors that have been observed and are expected to increase in the future.

b. Goals, Objectives, and Priorities 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.

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 (RL), Severe Repetitive Loss (SRL), or properties deemed Substantially Damaged after the applicant’s disaster declaration incident period start date. The incident period start date refers to the first date of the incident (i.e., flood event) associated with the applicant’s flood-related major disaster 6 declaration that activates eligibility for FMA Swift Current. Disaster declaration information can be found on FEMA’s disaster declaration website Disasters and Other Declarations. (Definitions for these terms can be found in Section C. Eligibility Information, Cost Share and Match of this funding opportunity).

In addition, FMA Swift Current aims to incentivize flood mitigation projects that will advance equity (see Executive Order 14091: Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government) and that will benefit disadvantaged communities as discussed in Executive Order (EO) 14008:

Tackling the Climate Crisis at Home and Abroad. In implementing the Administration’s Justice40 Initiative, established in EO 14008 and discussed in subsequent guidance, FMA Swift Current will be identifying a disadvantaged community, also referred to as a Justice40 community, using the Climate and Economic Justice Screening Tool (CEJST). Communities are considered disadvantaged communities if they are in census tracts that meet the thresholds for at least one of the tool’s categories of burden, or if they are on lands within the boundaries of a federally recognized tribal government. Further, all eligible federally recognized tribes are Justice40 communities (whether or not they have land).7 In addition, Census tracts that are completely surrounded by disadvantaged communities, as described above, are also considered disadvantaged if they meet an adjusted low-income threshold (at or above the 50th percentile). Justice40 communities have been marginalized by underinvestment and overburdened by pollution, as identified by meeting or exceeding the threshold for at least one of the

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

https://www.fema.gov/disaster/declarations https://www.fema.gov/disaster/declarations https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://www.fema.gov/sites/default/files/documents/fema_stafford_act_2021_vol1.pdf https://www.fema.gov/sites/default/files/documents/fema_stafford_act_2021_vol1.pdf https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf tool’s eight categories of environmental, climate, or other burdens, along with the socioeconomic threshold. More information about the CEJST methodology, datasets, and downloadable files can be found on the CEJST website at https://screeningtool.geoplatform.gov. Although the CEJST will be used to identify disadvantaged communities, FEMA’s Grant Equity Threshold Tool (GETT) may also be used to further understand the population impacted by a proposed project, and translate between census tract geographies identified by Justice40 and any broader area that may also benefit.

c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan FY 2024 FMA Swift Current aims to better align the delivery of FMA flood mitigation funding to the disaster survivor experience. In FY 2024, funds will be made available on a rolling basis to states, territories, District of Columbia, and federally recognized tribal governments that receive a major disaster declaration for a flood-related disaster event and meet all other eligibility criteria. (Refer to Section C.1, Eligible Applicants). Flood-related disasters include coastal storms, hurricanes, remnants of hurricanes, and floods. Eligible activities in FMA Swift Current are Individual Flood Mitigation Projects, for example, structure elevation, property acquisition and structure demolition/relocation, dry floodproofing, and mitigation reconstruction. FMA Swift Current aims to streamline funding through disaster declaration and flood insurance claims-based eligibility criteria, minimized application periods, and narrowed project type eligibility to Individual Flood Mitigation Projects that are Severe Repetitive Loss, Repetitive Loss, or Substantially Damaged. This differs from the existing FMA grant opportunity, which has an annual grant cycle that funds a broader range of flood mitigation activities, which includes Capability and Capacity Building Activities, Localized Flood Risk Reduction Projects, and Individual Flood Mitigation Projects through a competitive selection process. FMA Swift Current prioritizes properties impacted by a flood event in the disaster-declared counties.

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

FMA Swift Current aligns with the 2020-2024 DHS Strategic Plan through pursuing Goal 5: Strengthen Preparedness and Resilience. Specifically, Objective 5.1: Build a National Culture of Preparedness has several sub-objectives that the FMA Program supports. FMA Swift Current serves primarily to bolster Sub-Objective 5.1.1:

Incentivize investments that reduce risk and increase pre-disaster mitigation, including expanding the use of insurance to manage risk through funding hazard mitigation projects, particularly ones that reduce risk to NFIP-insured structures.

Additionally, FMA Swift Current’s tailored pre-application support also contributes to other sub-objectives. It helps improve awareness initiatives to encourage public action to increase preparedness (Sub-Objective 5.1.2), uses lessons from past https://screeningtool.geoplatform.gov/ https://fema.maps.arcgis.com/apps/webappviewer/index.html?id=d1f3c8801ac2403781fd44160e18aa6f https://www.fema.gov/grants/mitigation/state-contacts https://www.fema.gov/fema-regional-contacts https://www.fema.gov/fema-regional-contacts https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 disasters and exercises to inform community investment decisions and anticipate challenges that may emerge during future disasters (Sub-Objective 5.1.3), and coordinates and guide continuity of operations activities through partnerships with government and non-government stakeholders (Sub-Objective 5.1.5).

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

- Promote and sustain a ready FEMA and prepared nation. Most notably, the FMA program supports Objective 1.2: Remove barriers to FEMA programs through a people first approach, Objective 1.3: Achieve equitable outcomes for those we serve, and Objective 2.2: Build a climate resilient nation. FMA also supports the National Mitigation Investment Strategy by advancing mitigation investment to reduce risks posed by natural hazards and increasing the nation’s resilience to natural hazards.

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

117-58), 135 Stat. 1387–1388 (2021), also known as the Bipartisan Infrastructure Law (BIL). The BIL is a once-in-a-generation investment in infrastructure, which will grow a more sustainable, resilient, and equitable economy by enhancing U.S.

competitiveness, driving the creation of good-paying jobs with the free and fair choice to join a union, and ensuring stronger access to economic and environmental benefits for disadvantaged communities. The BIL appropriates billions of dollars to FEMA to promote resilient infrastructure, respond to the impacts of climate change, and equip our nation with the resources to combat its most pressing threats.

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

• Total number of NFIP-insured properties selected that are deemed Substantially Damaged after the applicant’s disaster declaration incident period start date, and properties that are FMA and/or NFIP-defined 8 Severe Repetitive Loss (SRL), Repetitive Loss (RL).

• Total federal cost share funding invested in or benefiting Justice40 communities identified using the Climate and Economic Justice Screening Tool (CEJST), as well as all federally recognized tribes or tribal entities.

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

• Timeliness of obligation from the disaster declaration date.

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

FMA Swift Current subapplications.

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

https://www.fema.gov/about/strategic-plan https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5

FEMA recognizes that many effective resilience solutions, such as nature-based solutions, yield critical benefits that may not be monetizable. As such, FEMA notes that these key performance indicators are not determinative of whether an application to the FMA grant program is selected for funding.

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

B. Federal Award Information

1. Available Funding for the NOFO: $300 $500 million

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 opportunity.

The availability window refers to the time period, from June 1, 2024, through May 31, 2025, during which major disaster declarations for a flood-related disaster event must be declared to be considered as an eligible activating event for FY 2024 FMA Swift Current. Following determination of an eligible FMA Swift 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 calendar days.

Upon FMA Swift Current activation, the application deadline date will be provided to the applicant. However, if the applicant has more than $1 million prior flood insurance claims in the previous year and the declared disaster results in 500 or more flood insurance claims for the applicant, their eligibility period is 150 calendar days. If the applicant is a U.S. territory or federally recognized tribal government applying directly to FEMA for assistance, their eligibility period deadline is 150 calendar days. At the start of an applicant’s eligibility period, FEMA will determine a maximum set-aside for that applicant (see Section B.1.a.

Applicant Maximum Set-Aside below). Applicants must meet all other eligibility criteria to be eligible for FMA Swift Current funds.

An applicant and their subapplicants develop and submit subapplications to FEMA during the applicant’s eligibility period. At the end of the applicant’s eligibility period, the applicant’s 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.

FEMA will distribute the available FY 2024 FMA Swift Current funding amount [Deleted Text Start] and federal activity caps [Deleted Text End] 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 Section D.13 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 during the availability window 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. (Refer to Section C.4, Other Eligibility Criteria for more information.)

b. 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. *

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

1. 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,

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

a. The applicant has at least $1 million in prior NFIP flood insurance claims from previous FMA Swift Current activation disaster declaration date to the subsequent disaster declaration date; OR

b. The applicant has 500 or more NFIP flood insurance claims resulting from the subsequent declared flood-related disaster event; OR

c. The applicant is a U.S. territory or a federally recognized 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 during the availability window 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 calendar 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 calendar 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 disaster event, the applicant receives a maximum set-aside up to $30 million. The application submission deadline is 150 calendar 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 calendar days after the eligibility period start date.

[Deleted Text Start] For qualified subsequent FMA Swift Current activations, the application submission deadline is 120 calendar days after the eligibility period start date, and the applicant is eligible for a maximum set-aside up to $10 million.

Exception: for U.S. territories and federally recognized tribal governments applying directly to FEMA for assistance and activated for subsequent FMA Swift Current offerings, the application submission deadline is 150 calendar days after the eligibility period start date. [Deleted Text End]

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

d. For more information on FY 2024 FMA Swift Current funding priorities and eligible activities, see Section E, Application Review Information, Review, and Selection Process.

e. For more information about use of assistance under FMA Swift Current, including how to submit various project types in FEMA Grants Outcomes (FEMA GO), refer to Resources for the Flood Mitigation Assistance Grant Program.

https://www.fema.gov/grants/mitigation/floods/fma-resources

f. 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

• Program priorities and policy factors, such as Justice40

2. Projected 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.

3. Period of Performance: 36 months

The Period of Performance (POP) is 36 months, starting on the date of the recipient’s federal award. Any subsequent amendments to the federal award will not extend the POP unless explicitly stated.

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

FEMA awards under most programs, including this program, only include one budget period, so it will be the same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”

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

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

6. Projected Budget Period(s)

There will be only a single budget period with the same start and end dates as the period of performance.

7. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

a. States

b. District of Columbia

c. U.S. territories

d. Federally recognized tribal governments

Each state, U.S. territory, the District of Columbia, and federally recognized 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 disadvantaged communities as referenced in EO 14008 prior to and during the application process. Each applicant’s designated agency may submit only one FMA grant application to FEMA at a time.

2. Applicant Eligibility Criteria

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

1. The applicant receives a major disaster declaration for a flood-related disaster event between June 1, 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,

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

• The applicant has at least $1 million in prior NFIP flood insurance claims 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 a federally recognized tribal government 9 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 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 Regional Administrator will review requests to confirm that the applicant and circumstance aligns with the Region’s flood mitigation goals and will forward their recommendation to the FEMA Administrator for approval. If the request for special consideration for FMA Swift Current is approved, FEMA will provide 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.

c. Structures eligible for Individual Flood Mitigation Projects must have an NFIP policy (including a Group Flood Insurance Policy (GFIP)) in effect prior to the opening of

9 If a federally recognized tribal government is applying as a subapplicant to the state, the state is considered the applicant and must meet at least one of the claims-related FMA Swift Current activation criteria. (I.e., the applicant has at least $1 million in prior NFIP flood insurance claims from (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).

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

d. 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. More detailed information is provided in Part 4. Eligibility and Requirements, C. Hazard Mitigation Plan Requirements, of the Hazard Mitigation Assistance Program and Policy Guide.

e. To be considered for financial assistance, all applicants must submit their FY 2024 FMA Swift Current grant applications to FEMA via FEMA GO. Refer to Section D, Application and Submission Information of this funding opportunity.

f. 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

• Program priorities and policy factors, such as Justice40

3. Subawards and Beneficiaries

a. Subaward allowability

Communities, including local governments10, cities, townships, counties, special district governments, and tribal governments who choose to apply as subapplicants are considered subapplicants and must submit subapplications to their applicant agency. Federally recognized tribal governments who directly apply to FEMA for FMA Swift Current assistance will be considered applicants. Certain political subdivisions (for example, regional flood control districts or county governments) may apply and act as subapplicants if they are part of a community participating in the NFIP where the political subdivision provides zoning and building code enforcement or planning and community development professional services for that community. Subapplications under which two or more entities would carry out the award are eligible, such as a multi-state or multi-tribal initiative; however, only one entity may be the subapplicant with primary responsibility for carrying out the award.

Contact information for the State Hazard Mitigation Officers) is provided on the FEMA website at State Hazard Mitigation Officers.

10 The term “local government,” as used in this NOFO, has the same meaning as “Community,” as defined at 44 C.F.R. §

77.2(d).

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

b. Subrecipient 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. See section H.16 for additional information. Local hazard mitigation plans must conform to the Local Plan Review Guide, or any subsequent local mitigation planning guide that supersedes it.

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 FMA Swift Current funds as an applicant or subapplicant; however, an eligible applicant or subapplicant may apply for funding on behalf of individuals, businesses, and nonprofit organizations.

4. Other Eligibility Criteria/Restrictions

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 found in the Hazard Mitigation Assistance Program and Policy Guide.

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

d. On April 19, 2022, FEMA updated the State and Local Mitigation Planning Policy Guides. On April 19, 2023, they went into effect. This means that all state and local mitigation plans must meet the updated requirements. For instance, it is required that state plans weigh equity and the impacts of climate change. FMA funding can be used for mitigation planning grants, with a focus on integrating equity, climate impacts, and floodplain management. For more information on funding and designing the mitigation planning process to integrate floodplain management planning and maximize Community Rating System Activity 510 points, refer to Mitigation Planning and the Community Rating System: Key Topics Bulletin (fema.gov), and https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book https://www.fema.gov/grants/mitigation/guide https://www.fema.gov/grants/mitigation/guide https://www.fema.gov/sites/default/files/documents/fema_state-local-mitigation-planning-policy-guide-faqs.pdf#:%7E:text=The%20State%20and%20Local%20Mitigation%20Planning%20Policy%20Guides,which%20are%20required%20for%20certain%20FEMA%20non-emergency%20assistance.

https://www.fema.gov/sites/default/files/documents/fema_state-local-mitigation-planning-policy-guide-faqs.pdf#:%7E:text=The%20State%20and%20Local%20Mitigation%20Planning%20Policy%20Guides,which%20are%20required%20for%20certain%20FEMA%20non-emergency%20assistance.

https://www.fema.gov/sites/default/files/2020-06/fema-mitigation-planning-and-the-community-rating-system-key-topics-bulletin_10-1-2018.pdf https://www.fema.gov/sites/default/files/2020-06/fema-mitigation-planning-and-the-community-rating-system-key-topics-bulletin_10-1-2018.pdf the Local Hazard Mitigation Plan and Community Rating System Crosswalk Starter Kit in the Local Mitigation Planning Handbook (fema.gov). For more information on requirements for approved mitigation plans, States should refer to the State Mitigation Planning Policy Guide (FP 302-094-2, April 19, 2022). Local governments should refer to the Local Mitigation Planning Policy Guide (FP-206-21-0002, April 19, 2022). Tribal governments should refer to the Tribal Mitigation Plan Review Guide (December 2017).

e. *Federal Flood Risk Management Standard (FFRMS)

1. For Swift Current activations with an eligibility period start date prior to the December 5, 2024, all structure elevation, mitigation reconstruction, and dry floodproofing projects; and all projects where HMA funds are used for new construction, substantial improvement, or to address substantial damage to structures,11 must meet the minimum standards of FEMA’s partial implementation of the Federal Flood Risk Management Standard (FFRMS).

See FEMA Policy #-206-21-003-0001, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs and the Hazard Mitigation Assistance Program and Policy Guide 12

2. For Swift Current activations with an eligibility period start date on or after December 5, 2024, all structure elevation, mitigation reconstruction, and dry floodproofing projects; and all projects where hazard mitigation funds are used for new construction, substantial improvement, or to address substantial damage to structures, must comply with the requirements of FEMA Policy 206-24-005: Federal Flood Risk Management Standard (FFRMS). See FEMA Policy: Federal Flood Risk Management.

Upon Swift Current activation, FEMA will notify the eligible applicant of their FFRMS implementation requirement. * If a state, local, tribal, or territorial government, or federal agency has adopted a higher standard applicable to the specific project, FEMA will…