FY24 HHPD NOFO_Final_11-2-23_pdf_final.pdf

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

Fiscal Year 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD)

SUMMARY OVERVIEW OF KEY INFORMATION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REHABILITATION

OF HIGH HAZARD POTENTIAL DAMS (HHPD)

Program The Rehabilitation of High Hazard Potential Dams (HHPD) Grant Overview Program makes available federal funds to eligible states for pass through to non-Federal governmental organizations or nonprofit organizations for the rehabilitation of eligible high hazard potential dams that fail to meet minimum state dam safety standards and pose unacceptable risk to life and property.

For the purposes of the HHPD Grant Program, rehabilitation means the repair, replacement, reconstruction, or removal of a dam to meet applicable state dam safety and security standards.

The Fiscal Year 2024 Fall HHPD grant is available to support two categories of funding:

(1) Project Scoping, Engineering and Design and

(2) Construction Projects.

Goals and Objective

Reduce or eliminate risk of eligible high hazard potential dams.

The HHPD grant program incentivizes eligible states to:

• Provide financial assistance for repair, removal, or rehabilitation of eligible high hazard potential dams.

• Incorporate risk-informed analysis and decision making into their dam safety practice and HHPD rehabilitation investments.

• Incorporate risk-analysis results and information and consider all dam risk in state, local, Tribal, and territorial mitigation planning.

• Promote community preparedness by requiring recipients to develop and implement floodplain management plans that address potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse effects of flooding.

• Reduce costs associated with dam rehabilitation through the deployment of innovative solutions and technologies.

Eligible Projects HHPD grants assistance to high hazard dams listed in the National Inventory of Dams with a condition assessment of Poor or

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top

Unsatisfactory and dams in Fair condition with a population at risk (PAR) at or above one thousand.

HHPD funds the following activities:

• Rehabilitation (Repair, Replacement, Reconstruction, or Removal) of eligible high hazard potential dams

• Any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam.

At project sites where Bipartisan Infrastructure Law (BIL) funding is being used for hazard mitigation projects, the use of public signage is a way to inform taxpayers about how BIL funds are being spent and advance the goals of accountability and transparency in federal spending. For more information on the federal government’s signage initiative relating to infrastructure investments, see the Office of Management and Budget’s February 24, 2023, Controller Alert, “CA- 23-6, Enhancing Transparency Through Use of the Investing in America Emblem on Signs (UPDATED).” OMB’s Controller Alert.

If an HHPD applicant does not have a state mitigation plan that includes all dam risks, the applicant may request an extension to meet this requirement. (See Section H.13., Mitigation Plan Requirement Extension Requests).

Additionally, for construction projects that are not funded by the BIL, publicly visible signage identifying the NDSP / HHPD funding source of the project promotes public awareness, participation in the program, and investment in building a resilient nation.

Deadlines NOFO Availability Window Start Date: 11/06/2023 09:00:00 AM ET NOFO Availability Window End Date: 02/29/2024 Applicant Eligibility Period Start Date: Period of Performance starts when grant is awarded (signed, obligated, and notified to recipient) Application Submission Deadline: 02/29/2024 at 05:00:00 PM ET

Funding Amount Available Funding for the NOFO: $185,120,000.00 Eligible Applicants

• States

• District of Columbia

• U.S. territories

Cost Share Assistance provided under the HHPD grant is subject to a non-Federal cost-sharing requirement of not less than 35 percent. Federal funding is available for up to 65 percent of the eligible activity costs. The remaining 35 percent of eligible activity costs must be derived from non-federal sources, which may be in-kind.

Requirements for cash and third-party in-kind contributions can be found in 2 Code of Federal Regulations § 200.306.

The non-Federal cost share contribution is not limited to 35 percent.

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 Sam.gov can be found at:

Grants.gov registration information can be found at:

https://www.grants.gov/web/grants/register.html.

Planned UEI Updates in Grant Application Forms:

On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by, the System for Award Management (SAM.gov). This new identifier is the Unique Entity Identifier (UEI).

Additional Information can be found on Grants.gov:

https://www.grants.gov/web/grants/forms/planned-uei-updates.html

Contents Planned UEI 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: $185,120,000.00

2. Projected Number of Awards: 50

3. Period of Performance: 36 Months

4. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Subrecipient Eligibility Criteria

4. Other Program-Specific Eligibility Criteria

5. Cost Share or Match

D. Application and Submission Information

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/forms/planned-uei-updates.html https://Grants.gov https://185,120,000.00 https://www.grants.gov/web/grants/forms/planned-uei-updates.html https://Grants.gov https://www.grants.gov/web/grants/register.html https://Grants.gov

1. Key Dates and Times

a. Application Start Date: 11/06/2023 at 09:00:00 AM ET

b. Application Submission Deadline: 02/29/2024 at 05:00:00 PM ET

c. Anticipated Funding Selection Date: No later than 03/25/2024

d. Anticipated Award Date: No later than 04/08/2024

e. Other Key Dates

2. Agreeing to Terms and Conditions of the Award

3. Address to Request Application Package

4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award

Management (SAM), and Submit an Application

5. Electronic Delivery

6. How to Register to Apply

a. General Instructions:

b. Obtain a 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:

7. Submitting the Application

8. Timely Receipt Requirements and Proof of Timely Submission

9. Content and Form of Application Submission

a. Standard Required Application Forms and Information

b. Program-Specific Required Forms and Information

10. Other Submission Requirements

11. Intergovernmental Review

12. Funding Restrictions and Allowable Costs

a. Requirements Related to Contractor and Subcontractor Wages

b. Requirements Related to Contract and Subcontract Services

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

d. Enhancing Critical Infrastructure Cybersecurity

e. Pre-Award Costs

f. Management and Administration (M&A) Costs

g. Indirect Facilities & Administrative (F&A) Costs

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria for Mitigation Plan Requirement

b. Financial Integrity Criteria

c. Supplemental Financial Integrity Criteria and Review

2. Review and Selection Process F. Federal Award Administration Information

1. Notice of Award

2. Pass-Through Requirements

3. Administrative and National Policy Requirements

a. DHS Standard Terms and Conditions https://login.gov

b. Ensuring the Protection of Civil Rights

c. Environmental Planning and Historic Preservation (EHP) Compliance

d. Good Jobs

4. Reporting

a. Financial Reporting Requirements

b. Programmatic Performance Reporting Requirements

c. Closeout Reporting Requirements

d. Additional Reporting Requirements

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

1. Contact and Resource Information

a. Program Office Contact FEMA Grants News

c. Grant Programs Directorate (GPD) Award Administration Division

d. FEMA Regional Offices

e. Equal Rights

f. Environmental Planning and Historic Preservation

2. Systems Information

a. Grants.gov

b. Payment and Reporting System (FEMA GO)

c. FEMA Grant Outcomes (GO)

H. Additional Information I. 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. FEMA Financial Assistance Programs for Infrastructure Build America, Buy America Act

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. Example Mitigation Plan Extension Request Template

14. Examples Using Funding Formula

15. Determination of Unacceptable Risk to the Public

16. Eligible Activities

17. Floodplain Management Plan

18. Definitions

19. Appendices

A. Program Description

1. Issued By

U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/ Resilience, Risk Management Directorate/Planning, Safety and Building Science Division / Planning and Safety Branch, National Dam Safety Program Office (NDSP)

2. Assistance Listings Number 97.041

3. Assistance Listings Title National Dam Safety Program

4. Funding Opportunity Title Fiscal Year 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD)

5. Funding Opportunity Number

DHS-24-[MT]-[041]-[00]-[98]

6. Authorizing Authority for Program National Dam Safety Program Act (Public Law No. 92-367, as amended, 33 U.S.C. § 467f-2)

7. Appropriation Authority for Program Infrastructure Investment and Jobs Act, Division J, Title V, Protection, Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance (Public Law No. 117-58)

8. Announcement Type Initial

9. Program Category Mitigation

10. Program Overview, Objectives, and Priorities

a. Overview

FEMA’s National Dam Safety Program (NDSP) is committed to protecting lives and property from the risks associated with dams. Under NDSP, the Rehabilitation of High Hazard Potential Dams (HHPD) Grant Program makes available federal funds to eligible states for pass through to non-Federal governmental organizations or nonprofit organizations for the rehabilitation of eligible high hazard potential dams that fail to meet minimum state dam safety standards and pose unacceptable risk to life and property.

For the purposes of the HHPD Grant Program, rehabilitation means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable state dam safety and security standards.

The Fiscal Year 2024 Fall HHPD grant is available to support two categories of funding:

(1) Project Scoping, Engineering and Design and (2) Construction Projects.

The HHPD grant program incentivizes eligible states to:

• Provide financial assistance for repair, removal, or rehabilitation of eligible high hazard potential dams.

• Incorporate risk-informed analysis and decision making into their dam safety practice and HHPD rehabilitation investments.

• Incorporate risk-analysis results and information and consider all dam risk in state, local, tribal, and territorial mitigation planning.

• Promote community preparedness by requiring recipients to develop and implement floodplain management plans that address potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse effects of flooding.

• Reduce costs associated with dam rehabilitation through the deployment of innovative solutions and technologies.

Given the requirements of this grant (e.g., National Flood Insurance Program participation, state, and local hazard mitigation plans (HMP), floodplain management plan, risk prioritization, state dam safety agency approval of the award), applicants must pursue this grant in coordination with the State Dam Safety Officer and the State Hazard Mitigation Officer, regardless of which entity will implement the grant. Contact information for the State Hazard Mitigation Officers (SHMOs) is provided on the FEMA website at http://www.fema.gov/state-hazard-mitigation-officers.

The HHPD supports DHS Strategic Goal 5: Strengthen Preparedness and Resilience, Objective 5.1: Build a National Culture of Preparedness and Presidential Policy Directive 8:

Build and Sustain National Preparedness. Specifically, the HHPD supports Sub-Objective

5.1.1 of Strategic Goal 5 to incentivize investments that reduce risk and increase pre-disaster mitigation, including expanding the use of insurance to manage risk. DHS Strategic Plan, Fiscal years 2020-2024 has identified strengthening national preparedness and resilience as one of the basic Homeland Security missions. This initiative supports this mission by providing grant assistance for eligible high hazard potential dams that pose an unacceptable risk to the public. This program also supports Goal 2: Lead Whole of Community in Climate Resilience, Objective 2.3, Empower Risk-Informed Decision Making, of the 2022-2026 FEMA Strategic Plan.

b. Objectives

The objective of the program is to:

Reduce or eliminate risk of eligible high hazard potential dams.

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top http://www.fema.gov/state-hazard-mitigation-officers https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024

c. Priorities For FY2024, the HHPD priorities are Rehabilitation Planning, Design, Re-construction, and Removal activities for eligible high hazard dams.

11. Performance Measures

The following list provides Performance Measures aligned with Program Objectives and associated eligible activities. Applicants may choose one or more activities from the list below.

Applicants may propose additional activities to support the program objectives; however, applicants must discuss additional activities with the FEMA Program Officer for approval and inclusion into the workplan.

Program Objective: Reduce or eliminate risk of eligible high hazard potential dam (HHPD)

Performance Measures

1.1 Planning tasks and activities, studies and analysis for pre-construction phases, scoping activities, and permit applications.

Performance Measure 1.1: Number of eligible HHPD dams that have resulted in the completion of studies and analysis for pre-construction phases, scoping activities, and permit applications.

1.2 Preliminary and final design package and required permit approvals.

Performance Measure 1.2: Number of eligible HHPD dams that have resulted in the completion of preliminary and final engineering design package and permits.

1.3 Construction activities that support dam rehabilitation or removal projects.

Performance Measure 1.3: Number of eligible HHPD dams that result in construction projects for dam rehabilitation or removal.

Applicants are to establish Performance Measurement targets for activities submitted for funding under this award. See Appendix A: FY24 Performance Measure Targets.

B. Federal Award Information

1. Available Funding for the NOFO: $185,120,000.00

The allocation of available HHPD grant funds is determined by 33 U.S.C § 467f- 2(g)(2) Allocation of Funds. The allocation of the HHPD funds is calculated as follows:

(i) Equal distribution One-third of the available funding will be distributed equally among states https://185,120,000.00 in which the projects for which eligible applications are submitted are located.

(ii) Need-based Two-thirds of the available funding will be distributed among states in which the projects for which eligible applications are submitted are located based on the proportion that:

a. the number of eligible high hazard potential dams in the state; bears to

b. the number of eligible high hazard potential dams in all such states.

2. Projected Number of Awards: 50

3. Period of Performance: 36 Months

The Period of Performance (POP) is 36 months, starting on the date of the Recipient’s federal award. Given the complexity of the HHPD projects, the Recipient may submit a request for an extension to the period of performance, which is allowed under HHPD. For additional information on period of performance extensions, please refer to Section H.3, Period of Performance Extensions.

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

4. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants A state with a state dam safety program authorized by state legislation is the only entity eligible to submit HHPD applications to DHS/FEMA.

For the purposes of the HHPD, the term “state” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

2. Applicant Eligibility Criteria

Each eligible state must designate one State Administrative Agency (SAA) to serve as the applicant for HHPD funding. Each SAA may submit only one (1) HHPD grant application to FEMA and be able to comply with regulations associated with receipt of federal financial contributions from FEMA.

Each Recipient must have a FEMA-approved state mitigation plan that includes all dam risks; and complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat.

1552) that amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act, FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top https://www.fema.gov/sites/default/files/2020-11/fema_disaster-mitigation-act-of-2000_10-30-2000.pdf https://www.law.cornell.edu/rio/citation/Pub._L._106-390 https://www.law.cornell.edu/rio/citation/114_Stat._1552

PL 100-707. For more information on the Mitigation Plan Requirements, see Section E.1.a, Programmatic Criteria for Mitigation Plan Requirement. For links to mitigation plan guidance documents and for questions, see Section H.12., Mitigation Plan Requirement Resources.

3. Subrecipient Eligibility Criteria

Eligible subrecipients under Fiscal Year 2024 HHPD are non-federal governmental organizations (other than the designated applicant) and nonprofit organizations. Under FY 2024 HHPD, eligible subrecipients apply for and receive subawards directly from the SAA.

Subrecipients must meet the following criteria to be eligible:

a. Acts in accordance with the state dam safety program. Additionally, the project dam must be regulated by the state dam safety program. All activities must be approved by the state dam safety agency. Any engineering studies, plans, or design drawings and specifications must be approved, signed, and stamped by a qualified design professional registered in the state in which the project is located.

b. The community in which the dam is located participates in, and complies with, all applicable regulations of the National Flood insurance Program, and is in good standing, not on probation, suspended, or withdrawn from such Program.

c. The Tribal or local government with jurisdiction over the area in which the dam is located has in place an approved hazard mitigation plan that includes all dam risks and complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552). For more information on the Mitigation Plan Requirements, see Section E.1.a., Programmatic Criteria for Mitigation Plan Requirement. If the Tribal or local mitigation plan does not include all dam risks, the subrecipient may request an extension to meet this requirement. For more information on the Mitigation Plan Requirements, see Section H.13, Mitigation Plan Requirement Extension Requests. For links to mitigation plan guidance documents and for questions, see Section H.12., Mitigation Plan Requirement Resources.

(FEMA’s Mitigation Planning Program defines “local government” as any county, municipality, city, town, township, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; any Indian tribe or authorized tribal organization, or Alaska Native village or organization; and any rural community, unincorporated town or village, or other public entity” (44 Code of Federal Regulations § 201.2).)

d. Commit to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation.

e. Carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan.

f. Complies with section 5196(j)(9) of title 42 of the U.S. Code (as in effect on December 16, 2016) with respect to projects receiving assistance under this section in the same manner as

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top https://www.fema.gov/sites/default/files/2020-11/fema_disaster-mitigation-act-of-2000_10-30-2000.pdf https://www.law.cornell.edu/rio/citation/Pub._L._106-390 recipients are required to comply in order to receive financial contributions from the Administrator for emergency preparedness purposes. See Section D.13.a., Requirements Related to Contractor and Subcontractor Wages, for additional information.

g. Complies with chapter 11 of the title 40, Selection of Architects and Engineers. (See Section D.13.b., Requirements Related to Contract and Subcontract Services.)

h. Have in place (or will be developed not later than 2 years after the date of execution of a dam rehabilitation or removal project agreement and implemented not later than 2 years after the date of completion of a project) a floodplain management plan to reduce the impacts of future flood events in the area impacted by the project. The floodplain management plan shall address:

1. potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected by the project.

2. plans for flood fighting and evacuation; and

3. public education and awareness of flood risks.

For additional information, please see Section H.17., Floodplain Management Plan.

i. For the purposes of the HHPD program, all dam risk includes the incremental risk, non-breach risk, and residual risk associated with each eligible high hazard potential dam, as well as the reason(s) the state has determined the dam is an eligible high hazard potential dam.

For the purposes of meeting the mitigation planning requirements, Applicants (SAA) must address the requirements for state mitigation plans and subrecipients / jurisdictions where the dam is located must address the requirements for local or tribal mitigation plans as set forth in mitigation planning policies. The requirements include the planning process, risk assessment, goals, and mitigation strategy. In the mitigation planning risk assessment, including all dam risks is done at a scale appropriate to the planning area and should include descriptions of incremental, breach, and non-breach risks for high hazard potential dams (not limited to eligible) as described in Section 5.8 of the Rehabilitation of High Hazard Potential Dams Grant Program Guidance (June 2020) FEMA Policy FP 104-008-7. “

j. Bipartisan Infrastructure Law (BIL) Signage

FEMA encourages the use of public signage for Bipartisan Infrastructure Law funded projects. Please note, these actions highly are encouraged but are not required.

Subrecipients are encouraged to place signs at project sites identifying the funding source of the project. The cost of such signs is an eligible project cost. Sub applicants may request up to $10,000 per project for costs relating to signage. Project costs for signage are subject to the applicable cost-sharing requirements. For assistance with template design, please email:

design@fema.dhs.gov.

4. Other Program-Specific Eligibility Criteria mailto:design@fema.dhs.gov

a. Approved Hazard Mitigation Plan

The state must have in place (by the application deadline and at the time of obligation of grant funds) an approved state hazard mitigation plan that includes all dam risks (See Section H.19., Definitions, for the definition of All Dam Risk) and complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552). If an HHPD applicant does not have a state mitigation plan that includes all dam risks, the applicant may request an extension to meet this requirement. (See Section H.13., Mitigation Plan Requirement Extension Requests).

b. Allowable Activities

See Section H.17., Eligible Activities, for more information on allowable activities. See Section D.13.b., Requirements Related to Contract and Subcontract Services, for information about funding restrictions.

At project sites where BIL funding is being used for hazard mitigation projects, the use of public signage is a way to inform taxpayers about how BIL funds are being spent and advance the goals of accountability and transparency in federal spending. For more information on the federal government’s signage initiative relating to infrastructure investments, see the Office of Management and Budget’s February 24, 2023, Controller Alert, “CA-23-6, Enhancing Transparency Through Use of the Investing in America Emblem on Signs (UPDATED).” Additionally, for construction projects that are not funded by the BIL, publicly visible signage identifying the National Dam Safety Program HHPD funding source of the project promotes public awareness, participation in the program, and investment in building a resilient nation.

c. List of Eligible High Hazard Dams

The SAA must submit a list of all eligible high hazard potential dams in their state with the application. The SAA must submit an official assurance statement (signed by the State Dam Safety Officer or Governor's Authorized Representative [GAR]) that all dams included on the list of eligible high hazard potential dams are regulated by the state dam safety program and meet the following HHPD criteria for eligible high hazard potential dams.

A dam considered as eligible under grant must meet the following criteria:

“(A) In general, the term “eligible high hazard potential dam” means a non-Federal dam that—

(i) is located within a state with a state dam safety program and regulated under that state dam safety program;

(ii) is classified as high hazard potential by the relevant state dam safety agency;

(iii) has an emergency action plan that— I. is approved by the relevant state dam safety agency; or II. is in conformance with state law and pending approval by the relevant state dam safety agency;

(iv) fails to meet minimum dam safety standards of the state in which the dam is located, as determined by the state dam safety agency;

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top https://www.fema.gov/sites/default/files/2020-11/fema_disaster-mitigation-act-of-2000_10-30-2000.pdf https://www.fema.gov/sites/default/files/2020-11/fema_disaster-mitigation-act-of-2000_10-30-2000.pdf https://www.law.cornell.edu/rio/citation/Pub._L._106-390

(v) and has a condition assessment rating of POOR or UNSATISFACTORY as identified in the National Inventory of Dams (NID) no later than 09/15/2023.

(B) Exclusion The term “eligible high hazard potential dam” does not include—

(i) a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or

(ii) a dam built under the authority of the Secretary of Agriculture.”

33 U.S.C. § 467(4)(A)

Note: Dams with FAIR condition assessment in the NID (with a population at risk (PAR) of less than 1000) may be eligible for the HHPD program. See Section d. List of Eligible High Hazard Dams Template, below for more details. Dams with a SATISFACTORY or NOT RATED condition assessment in the NID are not eligible for the HHPD program.

HHPD Prioritization Tool

The FEMA project prioritization tool is an Excel-based tool developed specifically for the HHPD grants. This screening level tool requires input from the NID and data available from other state sources such as inspection reports. The tool assists in the estimation of the likelihood of failure for static, hydrologic, and seismic failure modes based on existing deficiencies and the change in likelihood of failure by removing the deficiencies and bringing the dam in compliance with state standards.

The HHPD priority system process requires that dams under consideration for HHPD funding be plotted on a HHPD risk matrix with the likelihood of failure from the FEMA project prioritization tool on the vertical axis and the PAR calculated using the US Army Corps of Engineers Dam Screening Tool (DST) plotted on the horizonal axis of the risk matrix. Comparing the dams based on likelihood of failure and PAR consequences provide a ranking of dams consistent with the intent of the Act.

If the SAA chooses to be a pass-through entity, the SAA must contact potential subrecipients to identify potential eligible subrecipients with an eligible dam who express interest in obtaining a grant for a specific planning or design project and are capable of meeting the requirements of the HHPD grant. See Section H.17., Eligible Activities, for information on Eligible Activities.

The list or prospective eligible dams will be used to allocate grant funds to the state. See Section H.15., Example Using the Funding Formula, for a sample calculation on how eligible dams is used for state grant allocations.

Upon request, the SAA must provide to FEMA substantiating documentation that documents dams submitted are eligible under the HHPD grant. The requested documentation may include, but is not limited to, copies of the regulatory notices, risk assessments, engineering analyses, etc.

d. List of Eligible High Hazard Dams Template

The list of dams must be submitted in table format with NID Data and must include the below column row headers and must be signed by the State Dam Safety Agency or GAR:

• Does the state have a state dam safety program?

• Dam Name

• NID ID

• Longitude

• Latitude

• Hazard Potential

• State Approved EAP? (Y/N)

• EAP Date

• Owner Type

• Built by USDA/NRCS? (Y/N)

• Licensed by FERC? (Y/N)

• NID Condition Assessment*

• Fails to Meet Minimum State Dam Safety Standards

• Dam has a documented Dam Safety Deficiency? **

• Was Dam Safety Deficiency caused by lack of Routine Operation and Maintenance?

• Was Dam Safety Deficiency caused by Deferred Maintenance?

• Brief Description of Deficiency

• Name of potential Subrecipient that has indicated interest in HHPD and is capable of meeting HHPD requirements***

* FEMA will review the Condition Assessment data reported in the NID to validate a dam’s eligibility on 09/15/2023. Dams that meet the NID criteria for POOR or UNSATISFACTORY condition assessments may be eligible to include on the list of eligible high hazard potential dams. Also dams that meet the NID criteria of FAIR and with a PAR greater than or equal to 1000 may be eligible. Upon request, the SAA must provide to FEMA substantiating documentation that verify dams submitted are eligible under the HHPD grant. The requested documentation may include, but is not limited to, copies of the regulatory notices, risk assessments, engineering analyses, etc.

**Dam Safety Deficiency (Source NID): A load capacity limit or other issue that can result in a failure of the dam or appurtenant structure. It is a characteristic or condition that does not meet the applicable minimum regulatory criteria.

*** the SAA must contact potential subrecipients to identify potential eligible subrecipients with an eligible dam who express interest in obtaining a grant for a specific planning or design project and are capable of meeting the requirements of the HHPD grant. (Only fill out this field if the potential subrecipient has been contacted or is the SAA.)

5. Cost Share or Match Assistance provided under the HHPD grant is subject to a non-Federal cost-sharing requirement of not less than 35 percent. Federal funding is available for up to 65 percent of the eligible activity costs. The remaining 35 percent of eligible activity costs must be derived from non-federal sources, which may be in-kind. Requirements for cash and third-party in-kind contributions can be found in 2 Code of Federal Regulations § 200.306. The non-Federal cost share contribution is not limited to 65 percent.

The non-federal cost share contribution is calculated based on the total cost of the proposed activity. The calculation to determine the non-Federal Cost share is:

Non-Federal Share = [0.35*(Federal Share)]/(0.65).

For example, if the total cost is $400,000 and the non-Federal cost share is 35 percent, then the non-federal contribution is $140,000: 35 percent of $400,000 is $140,000. The federal share cannot exceed $260,000 ($400,000 x 65%).

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 11/06/2023 at 09:00:00 AM ET

b. Application Submission Deadline: 02/29/2024 at 05:00:00 PM ET

All applications must be received by the established deadline.

FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.

FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.

Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means: prior to the application deadline and within 48 hours after the applicant became aware of the issue.

A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For additional assistance using the FEMA GO System, please contact the FEMA GO Service Desk at 1-877-585-3242 or FEMAgo@fema.dhs.gov. The FEMA GO Service Desk is available Monday through Friday, 9:00 AM – 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Program Analyst or Grants

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top mailto:NDGrants@fema.dhs.gov https://Share)]/(0.65

Specialist. FEMA Grants News is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. 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. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns. FEMA Grants Information Desk can be reached by e-mail at fema-grants-news@fema.dhs.gov OR by phone at (800) 368-6498, Monday through Friday, 9:00 AM – 5:00

PM ET.

c. Anticipated Funding Selection Date: No later than 03/25/2024

d. Anticipated Award Date: No later than 04/08/2024

e. Other Key Dates

Event Suggested Deadline for Completion Obtaining Unique Entity Identifier (UEI) number

Four weeks before actual submission deadline

Obtaining a valid Employer Identification Number (EIN) Four weeks before actual submission deadline

Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM registration Four weeks before actual submission deadline

Registering Organization in FEMA GO Prior to beginning application

Submitting complete application in FEMA GO One week before actual submission deadline

2. Agreeing to Terms and Conditions of the Award By applying, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/.

Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G of this NOFO, “DHS Awarding Agency Contact Information” or by TTY (800) 462-7585.

4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top mailto:fema-grants-news@fema.dhs.gov mailto:fema-grants-news@fema.dhs.gov https://go.fema.gov/ https://www.grants.gov/

Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.

Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM)

Each applicant, unless they have a valid exception under 2 CFR 25.110, must:

1) Be registered in Sam.Gov before application submission.

2) Provide a valid Unique Entity Identifier (UEI) in its application.

3) Continue to always maintain an active System for Award Management (SAM) registration with current information during the Federal Award process. "

Please review the table above for estimated deadlines to complete each of the steps listed.

Failure of an applicant to comply with any of the required steps before the deadline for applying may disqualify that application from funding.

To apply for an award under this program, all applicants must:

a. Apply for, update, or verify their Unique Entity Identifier (UEI) number and Employer Identification Number (EIN) from the Internal Revenue Service;

b. In the application, provide an UEI number;

c. Have an account with login.gov;

d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;

e. Register in FEMA GO, add the organization to the system, and establish the Authorized

Organizational Representative (AOR). The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/media-library/assets/documents/181607;

f. Submit the complete application in FEMA GO; and

g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top https://www.login.gov/ https://www.fema.gov/media-library/assets/documents/181607 https://www.fema.gov/media-library/assets/documents/181607 that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting FireGrants@fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.

5. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.

For this funding opportunity, FEMA requires applicants to submit applications through

FEMA GO.

6. How to Register to Apply

a. General Instructions:

Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission.

Organizations must have a Unique Entity Identifier (UEI) number, Employer Identification Number (EIN), and an active System for Award Management (SAM) registration.

b. Obtain a UEI Number:

All entities applying for funding, including renewal funding, must have a UEI number.

Applicants must enter the UEI number in the applicable data entry field on the SF-424 form.

For more detailed instructions for obtaining a UEI number, refer to SAM.gov.

c. Obtain Employer Identification Number:

In addition to having a UEI number, all entities applying for funding must provide an Employer Identification Number (EIN). The EIN can be obtained from the IRS by visiting https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top mailto:askcsid@fema.dhs.gov https://sam.gov/content/home https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

d. Create a login.gov account:

Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here:

https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd.

Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked.

For more information on the login.gov requirements for SAM registration, refer to https://www.sam.gov/SAM/pages/public/loginFAQ.jsf.

e. Register with SAM:

In addition to having a UEI number, all organizations must register with SAM. Failure to register with SAM will prevent your organization from applying through FEMA GO. SAM registration must be renewed annually and must remain active throughout the entire grant life cycle.

For more detailed instructions for registering with SAM, refer to https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html.

Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the past three years, if applicable.

I. ADDITIONAL SAM REMINDERS

Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.”

Please allow plenty of time before the grant application submission deadline to obtain a UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information.

It is imperative that the information applicants provide is correct and current. Please ensure that your organization’s name, address, UEI number, and Employer Identification Number, or EIN, are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration.

II. HELP WITH SAM

FY 2024 Fall Rehabilitation of High Hazard Potential Dams (HHPD) NOFOBack to the Top https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://login.gov https://login.gov

The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at https://www.fsd.gov/fsd-gov/home.do or call toll free (866) 606-8220 Monday - Friday 8 a.m. to 8 p.m. ET.

f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR:

Applicants must register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see FEMA GO Startup Guide.

Note: FEMA GO will support only the most recent major release of the following browsers:

• Google Chrome;

• Internet Explorer;

• Mozilla Firefox;

• Apple Safari; and

• Microsoft Edge.

Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO.

7. Submitting the Application

Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required.

After submitting the application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the Authorized Organization Representative that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application.

For additional application submission…