FY_2024_Swift Current_NOFO_Amendment 1 Summary of Changes_12.5.2024_final.pdf

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

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

Summary of Changes

The purpose of this amendment is to edit the Fiscal Year 2024 Flood Mitigation Assistance Swift Current Notice of Funding Opportunity to reflect change language and additional language based on feedback and questions from FEMA Regions and eligible applicants activated for Swift Current. The announcement type, Section. A.8, has been designated to reflect this modification.

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

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

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

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

• Updated text is shown in strikethrough with the updated text in the color red and bolded next to it.

If a section or paragraph is not listed below, no text changes apply to that section or paragraph as a result of this amendment.

Change 1 – The available funding amount for the FY 24 FMA Swift Current NOFO has been updated to reflect $500,000,000. This change provides funding for eligible activations that are on hold and aligns with meeting disaster survivor recovery timeline.

SUMMARY OVERVIEW OF KEY INFORMATION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD MITIGATION

ASSISTANCE (FMA) SWIFT CURRENT

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.

Section B. Federal Award Information

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

Section E. Application Review Information

2. Review and Selection Process

a. Selection FEMA will select eligible subapplications up to at least the available funding amount of $300 *$500 million.*

Change 2 – Criteria added for Major Subsequent Activation. This change provides an option for increased funding for subsequent activations for eligible applicants meeting the criteria for a Major Subsequent Activation.

Section B. Federal Award Information

1. Available Funding for the NOFO

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]

Change 3 – The text related to the Federal Flood Risk Management Standard (FFRMS), EHP and the Good Jobs Initiative has been updated. These changes are administrative changes made to update the text in these sections so that they align with current policies and standards. Partial implementation of FFRMS will apply to Swift Current activations with an eligibility period start date prior to the date of this amendment (December 5, 2024). Full implementation will apply to Swift Current activations with an eligibility period start date on or after the date of this amendment (December 5, 2024).

Section C. Eligibility Information

4. Other Eligibility Criteria/Restrictions

e. *Federal Flood Risk Management Standard (FFRMS).

1. For Swift Current activations with an eligibility period start date prior to 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 require the higher standard.13

f. See EO 14030, Climate-Related Financial Risk, [Deleted Text Start] FEMA Policy #- 206-21-003-0001, Partial Implementation of the Federal Flood Risk Management Standard for Hazard Mitigation Assistance Programs,[Deleted Text End] and the Hazard Mitigation Assistance Program and Policy Guide. Subapplicants can direct any questions about the proposed hazard mitigation project’s location in the floodplain to their local floodplain manager and/or State Hazard Mitigation Officers.

Contact information for the State Hazard Mitigation Officers is provided on the FEMA website at http://www.fema.gov/state-hazard-mitigation-officers.

[Deleted Text Start]

j. Awards made under this funding opportunity are funded, in whole or in part, by the

Infrastructure Investment and Jobs Act, more commonly known as the Bipartisan Infrastructure Law (BIL). The BIL is a once-in-a-generation investment in infrastructure, which will grow a more sustainable, resilient, and equitable economy by enhancing U.S.

competitiveness. The BIL appropriates billions of dollars to FEMA to promote resilient infrastructure, respond to the impacts of climate change, and equip our nation with the resources to combat its most pressing threats. To expand the availability of good, family-sustaining jobs with the free and fair opportunity for all to join a union, FEMA urges investment of these funds toward projects that are implemented and designed around The Good Jobs Principles, a description of the elements of a Good Job that has informed the investment of billions of dollars through the Biden-Harris Administration’s Invest in America Agenda. [Deleted Text End] https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/grants/mitigation/guide https://www.fema.gov/grants/mitigation/guide https://www.fema.gov/sites/default/files/documents/fema_floodplain-management_ffrms-policy_072024.pdf https://www.fema.gov/sites/default/files/documents/fema_floodplain-management_ffrms-policy_072024.pdf https://www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard https://www.federalregister.gov/documents/2021/05/25/2021-11168/climate-related-financial-risk https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-fp-206-21-003-0001-implementation-ffrms-hma-program_122022.pdf https://www.fema.gov/grants/mitigation/guide http://www.fema.gov/state-hazard-mitigation-officers https://www.dol.gov/general/good-jobs/principles https://www.dol.gov/general/good-jobs/principles

Section D. Application and Submission Information

13. Funding Restrictions and Allowable Costs

b. Pre-Award Costs

• However, per the Hazard Eligibility and Local Projects (HELP) Act, FEMA may provide assistance for certain acquisition and demolition projects when implementation started after January 3*5*, 2023. In order to be eligible, the project must also: (1) qualify for a categorical exclusion under NEPA; (2) be compliant with applicable floodplain management and protection of wet land regulations and criteria;

and (3) not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. An entity seeking assistance under the HELP Act must comply with all other applicable HMA and federal requirements (Pub. L. No. 117-332).

Section F. Federal Award Administration Information

2. Administrative and National Policy Requirements

c. Environmental Planning and Historic Preservation (EHP) Compliance

In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects.

FEMA may not be able to fund projects that are not in compliance with applicable EHP laws, Executive Orders, regulations, and policies. FEMA may recommend mitigation measures and/or alternative courses of action to lessen any impact to environmental *or historic* resources and bring the project into compliance with EHP requirements.

Guidance on the EHP process is found at Environmental Planning and Historic Preservation. The site contains links to various documents including those identifying agency EHP responsibilities and program requirements, such as implementation of the National Environmental Policy Act and other EHP laws, regulations, and Executive Orders. DHS and FEMA EHP policy is also found in the EHP Directive & Instruction.

All FEMA actions, including grant-funded actions, must comply with National Flood Insurance Program criteria or any more restrictive federal, state, or local floodplain management standards or building code (44 C.F.R. § 9.11(d)(6)).

* For actions located within or that may affect a floodplain or wetland, the following alternatives must be considered: a) no action; b) alternative locations;

and c) alternative actions. For actions under Swift Current activations with an eligibility period start date on or after December 5, 2024, alternative actions that use natural features or nature-based solutions must be considered. Where possible, natural features and nature-based solutions shall be used. If not practicable as an alternative on their own, natural features and nature-based solutions may be incorporated into actions as minimization measures.*

*For Swift Current activations with an eligibility period start date prior to December 5, 2024,* FEMA-funded non-critical actions in 1% annual chance floodplains (also known as 100-year floodplains) that involve structure elevation, mitigation reconstruction, dry floodproofing, new construction, repair of substantial https://www.fema.gov/emergency-managers/practitioners/environmental-historic https://www.fema.gov/emergency-managers/practitioners/environmental-historic https://www.fema.gov/emergency-managers/practitioners/environmental-historic/laws/ehp-directive-instruction damage or substantial improvement of structures must be elevated or dry floodproofed, at a minimum, to the lower of:

• Two feet above the 1% annual chance flood elevation (also known as the base flood elevation), in accordance with the Federal Flood Risk Management Standard (FFRMS) “Freeboard Value Approach” (FVA); or

• The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least two feet above the 1% annual chance flood elevation.

All FEMA-funded critical actions in 1% annual chance floodplains or 0.2% annual chance floodplains (also known as 500-year floodplains) that involve structure elevation, mitigation reconstruction, dry floodproofing, new construction, repair of substantial damage or substantial improvement of structures must be elevated, at a minimum, to the higher of:

• Three feet above the 1% annual chance flood elevation; or

• The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least three feet above the 1% annual chance flood elevation.

See Executive Order 11988, Floodplain Management, as amended by Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, and the Hazard Mitigation Assistance Program and Policy Guide.

*For Swift Current activations with an eligibility period start date on or after December 5, 2024, all FEMA-funded new construction, substantial improvement, and repair of substantial damage actions, and all structure elevation, mitigation reconstruction, and dry floodproofing actions under FEMA’s Hazard Mitigation Assistance programs must be either outside the FFRMS floodplain or designed to ensure resilience against flooding up to the FFRMS flood elevation. Structures must be elevated (or, if non-residential, elevated or dry floodproofed) to the FFRMS flood elevation. Resilience measures for facilities include using structural or nonstructural methods to reduce or prevent damage; elevating a structure; or, where appropriate, designing it to adapt to, withstand, and rapidly recover from a flood event. See EO 11988, Floodplain Management, as amended by EO 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, and the FEMA Policy 206-24-005: Federal Flood Risk Management Standard (FFRMS)23.*

Individual FEMA programs have separate procedures to conduct and document EHP review. Guidance for individual grant programs is available from applicable program offices.

Presidential EO 11988: Floodplain Management and EO 11990: Protection of Wetlands EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal and safety considerations. FEMA’s regulations at 44 C.F.R. Part 9 implement the EOs and require an 8-step review process if a proposed action is located in a floodplain or wetland [Deleted Text Start] consistent with 44 https://www.fema.gov/grants/mitigation/guide https://www.fema.gov/grants/mitigation/guide https://www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard https://www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard

C.F.R. § 9.6 [Deleted Text End] or has the potential to affect or be affected by a floodplain or wetland.

The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the floodplain or wetland.

Through this NOFO, FEMA is giving notice of projects that may be funded under the FMA program, consistent with the requirements of Section 9.8. The public is invited to participate in the process of identifying alternatives to locating a proposed project in the floodplain or wetland and analyzing the impacts of the alternatives on the floodplain or wetland. Comments may be provided by *emailing FEMA- OEHP-NOFOQuestions@fema.dhs.gov * FEMA- EHPHELPLINE@fema.dhs.gov. While analyzing alternatives, FEMA may determine there are no practicable alternatives to carrying out the proposed work within the floodplain or wetland. Relocating facilities may not be practicable and would adversely impact affected communities socially and economically.

In addition, no alternative actions may be practicable that serve the same purpose and have less potential to affect or be affected by the floodplain. [Deleted Text Start] The no action option would not be appropriate as it would fail to meet the purpose and need of the community. In the course of developing project proposals, subsequent public notices will be published, if necessary, as more specific information becomes available. [Deleted Text End] *While developing project proposals, subsequent project-specific public notices will be published, if necessary, as more detailed information becomes available.* 23 See also www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard for more information on FEMA’s implementation of the FFRMS.

Section G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

d. Equal Rights The FEMA Office of Equal *Civil* Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to FEMA- CivilRightsOffice@fema.dhs.gov.

*FEMA’s Office of Environmental Planning and Historic Preservation (OEHP) and Office of Civil Rights (OCR) provide technical assistance and guidance to FEMA components and program offices and other stakeholders regarding environmental justice and equitable access to government-funded programs, respectively, to safeguard against discrimination. This includes, but is not limited to, the identification and addressing of, as appropriate, exclusion barriers and/or disproportionate and adverse human health and environmental effects of FEMA and FEMA-funded programs, policies, and activities on communities with environmental justice concerns. If there are concerns mailto:FEMA-OEHP-NOFOQuestions@fema.dhs.gov mailto:FEMA-OEHP-NOFOQuestions@fema.dhs.gov mailto:FEMA-EHPHELPLINE@fema.dhs.gov mailto:FEMA-EHPHELPLINE@fema.dhs.gov mailto:FEMA-CivilRightsOffice@fema.dhs.gov mailto:FEMA-CivilRightsOffice@fema.dhs.gov regarding environmental justice or equitable access to funding concern that allege FEMA is in violation of federal environmental justice directives or civil rights law, the OER will process and seek resolution. Please contact the OCR at FEMA-CivilRightsOffice@fema.dhs.gov.*

e. Environmental Planning and Historic Preservation The FEMA Office of Environmental Planning and Historic Preservation (OEHP) OEHP provides guidance and information about the EHP review process to FEMA programs and FEMA’s recipients and subrecipients. All inquiries and communications about EHP compliance for FEMA grant projects under this NOFO or the EHP review process should be sent to FEMA-OEHP- NOFOQuestions@fema.dhs.gov.

Section H. Additional Information *15. Good Jobs Initiative

FEMA encourages investment of these funds toward projects that are implemented and designed around the Good Jobs Principles, a description of the elements of a good job that has informed the investment of billions of dollars through the Biden-Harris Administration’s Investing in America Agenda. To this end, FEMA encourages applicants to include in their scope of work a narrative addressing how they will ensure that jobs created as a result of FEMA awards create good jobs as defined by these principles. Employers offering jobs like those described in the principles can produce higher-quality work, complete projects ahead of time, and reduce costs because of decreased worker turnover. Because equity is a key element of the Good Jobs Principles, applicants should address what steps they will take to ensure good jobs reach underserved populations.

Other potential elements of these suggested good jobs plans could include:

• How applicants and partners will ensure timely payment of wages that meet the local cost of living and provide safe worksites

• How applicants and partners will ensure access to childcare or other benefits that may be needed to attract and retain working parents

• What steps applicants and partners will take to incorporate worker voice into worksites, such as existing collective bargaining agreements or plans for project labor agreements to ensure timely and efficient completion of work

For additional guidance, visit goodjobs.gov.*

Section H. Additional Information

18. Appendices

*• FFRMS: www.fema.gov/floodplain-management/intergovernmental/federal-flood-risk-management-standard* FFRMS: Floodplain Determination Job Aid:

http://www.fema.gov/sites/default/files/docuuments/fema-ffrms-floodplain-determination-job-aid.pdf mailto:FEMA-CivilRightsOffice@fema.dhs.gov mailto:FEMA-OEHP-NOFOQuestions@fema.dhs.gov mailto:FEMA-OEHP-NOFOQuestions@fema.dhs.gov https://cdmsmithonline.sharepoint.com/sites/2935272879-2388HMASupport/Shared%20Documents/General/04_FMA/04_FMA%20Projects/FMA%20NOFOs/01_Final%20Deliverables/XXXX_XX_XX_FMA%202024%20NOFO/goodjobs.gov http://www.fema.gov/floodplain-management/intergovernmental/federal-flood-

Change 4 – The text related to Title 2 of the Code of Federal Regulations Part 200 (2 CFR 200) has been updated to reflect the revisions that went into effect on October 1, 2024. These changes are administrative changes made to update the text, citations, and language so that they align with current policies and standards.

The updates related to this change are notated throughout the published NOFO Amendment.

[END OF AMENDMENT]