[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8493-8495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03949]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID: FEMA-2018-0006; OMB No. 1660-0103]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Property Acquisition and Relocation for Open Space
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice and request for comments.
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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a reinstatement, with change, of a previously approved
information collection for which approval has expired. In accordance
with the Paperwork Reduction Act of 1995, this notice seeks comments
concerning the property acquisition and relocation for open space
process as part of the administration of FEMA's mitigation grant
programs, post-award monitoring requirements and a direct grant to
property owners for acquisition and demolition of severe repetitive
loss structures.
DATES: Comments must be submitted on or before April 30, 2018.
ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
(1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2018-0006. Follow the instructions for submitting comments.
(2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jennie Orenstein, Grants Policy Branch
[[Page 8494]]
Chief, FIMA, FEMA, (202) 212-4071. You may contact the Records
Management Division for copies of the proposed collection of
information at email address: [email protected].
SUPPLEMENTARY INFORMATION: Regulations implementing property
acquisition and relocation for open space are codified at 44 CFR part
80. These regulations govern property acquisitions for the creation of
open space under FEMA's three hazard mitigation assistance (HMA) grant
programs: the Pre-Disaster Mitigation program (PDM) and Hazard
Mitigation Grant Program (HMGP), which are authorized under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, as amended,
42 U.S.C. 5121-5207; and the Flood Mitigation Assistance Program (FMA)
authorized under the National Flood Insurance Act (NFIA) of 1968, as
amended, 42 U.S.C. 4001 et seq. Acquisition and relocation of property
for open space use is one of the most common mitigation activities and
is an eligible activity type authorized for Federal grant funds under
PDM, HMGP, and FMA. These programs require all properties acquired with
FEMA funds to be deed restricted and maintained as open space in
perpetuity. This ensures that no future risks from hazards occur to
life or structures on that property, and no future disaster assistance
or insurance payments are made as a result of damages to that property.
This reinstatement, with change, of a previously approved
information collection for which approval has expired is necessary to
establish uniform requirements for State, Tribal and local
implementation of acquisition activities, and to enforce open space
maintenance and post-award monitoring requirements for properties
acquired with FEMA mitigation grant funds. The original collection had
one form. This collection includes seven additional forms to identify
an applicant's identity and address close-out and post-award monitoring
requirements and allow grants to be made directly to property owners.
This collection consists of a total of eight forms.
First, the reinstatement updates the existing form in the
collection, 086-0-31, Statement of Voluntary Participation for
Acquisition of Property for Purpose of Open Space, to use appropriate
terminology references found in 2 CFR part 200 Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal
Awards.
Second, the collection adds Declaration and Release
(Declaraci[oacute]n Y Autorizaci[oacute]n), 009-0-3 (English) and 009-
0-4 (Spanish) (O.M.B. No. 1660-0002) to determine eligibility and
verify an applicant's identity and to prevent a duplication of
benefits. Third, Subrecipients are required to submit a completed copy
of the Real Property Status Report, SF-429 (O.M.B. No. 4040-0016), with
closeout documentation for all real property purchased with grant
funds. Fourth, the collection adds forms to address post-award
monitoring requirements. When the State, Tribe or local community,
i.e., the recipient or subrecipient, acquires the property from the
property owner, they must regularly monitor and report to FEMA that the
property is in compliance with the open space deed restrictions and
grant terms. Every three years the subrecipient, through the recipient,
must submit to FEMA a report certifying that the subrecipient has
inspected the property within the month preceding the report and that
the property continues to be maintained consistent with open space
requirements. FEMA is updating the collection to include three two
post-award monitoring forms (086-0-35a (Pages 10-11)), NFIP Repetitive
Loss Update Worksheet (O.M.B No. 1660-0022), and SF-429, Real Property
Status Report (O.M.B. No. 4040-0016).
Finally, this update allows FEMA to obtain information directly
from property owners to enable FEMA to determine a property owner's
eligibility for, and interest in, receiving a direct grant. Following
the award, the information enables FEMA to monitor and enforce the
grant terms to ensure the property is maintained consistent with the
appropriate land use or open space deed restrictions. The NFIA, 42
U.S.C. 4104c, authorizes the Director of FEMA to carry out a mitigation
assistance program (FMA) that provides financial assistance in the form
of grants to States, Tribes, and communities, and in the form of direct
grants to property owners, using amounts made available from the
National Flood Insurance Fund for planning and carrying out mitigation
activities designed to reduce flood damages to structures with flood
insurance under 42 U.S.C. 4001 et seq. In addition to the FMA grants
FEMA makes available to states and local governments, FEMA is
exercising its statutory authority under 42 U.S.C. 4104c to provide
direct grants to property owners for acquisition and demolition of
severe repetitive loss structures to reduce future flood damages and
flood insurance payments. These direct grants to property owners,
entitled Severe Risk Property Acquisition (SRPA) grants, enable
property owners to carry out mitigation activities, i.e., acquisition,
that reduce flood damage to individual structures for which two or more
claim payments for losses have been made under National Flood Insurance
Program (NFIP) coverage that equal or exceed the value of the insured
structure.
With a SRPA grant, property owners have the option to retain their
property after demolition or to voluntarily sell their property to a
local government or qualifying organization. If the property owner
retains the land after demolition, the property must be deed restricted
and maintained consistent with sound land management practices. This
ensures a reduction in flood damages on that property, limits future
disaster assistance provided, and ideally, eliminates or decreases the
insurance payments made as a result of damages to that property. If the
property owner chooses to sell the property, the local government or
qualifying organization must deed restrict the land in perpetuity for
compatible uses of open space. To implement SRPA grants, FEMA needs to
collect information associated with SRPA grants from property owners to
process applications and ensure compliance with the terms and
conditions of the grants and applicable law and regulations. FEMA is
revising the collection to add three new forms for that purpose (086-0-
31a, Intent to Participate, 086-0-31b, Notice of Voluntary Interest and
Property Survey; 086-0-31c, Severe Risk Property Acquisition Mitigation
Offer).
Collection of Information
Title: Property Acquisition and Relocation for Open Space.
Type of Information Collection: Reinstatement, with change, of a
previously approved information collection for which approval has
expired.
OMB Number: 1660-0103.
FEMA Forms: FEMA Form 086-0-31, Statement of Voluntary
Participation for Acquisition of Property for Purpose of Open Space;
086-0-31a, Intent to Participate, 086-0-31b, Notice of Voluntary
Interest and Property Survey; 086-0-31c, Severe Risk Property
Acquisition Mitigation Offer; 009-0-3 (English) and 009-0-4 (Spanish),
Declaration and Release, (O.M.B. No. 1660-0002); 086-0-35a (Pages 9-
10), NFIP Repetitive Loss Update Worksheet (O.M.B No. 1660-0022); SF-
429, Real Property Status Report (O.M.B. No. 4040-0016).
Abstract: FEMA, State, Tribal, local and individual recipients of
FEMA mitigation grant programs will use the
[[Page 8495]]
information collected to meet the property acquisition requirements to
implement acquisition activities under the terms of grant agreements
for acquisition and relocation activities, ensure compliance with
applicable law and regulations, and enforce the open space requirements
for all properties acquired with FEMA mitigation grants.
Affected Public: State, local or Tribal Government; Individuals or
Households.
Estimated Number of Respondents: 8,334.
Estimated Number of Responses: 10,655.
Estimated Total Annual Burden Hours: 13,020 hours.
Estimated Total Annual Respondent Cost: The estimated annual cost
to respondents for the hour burden is $559,768.
Estimated Respondents' Operation and Maintenance Costs: There are
no annual costs to respondents' operations and maintenance costs for
technical services.
Estimated Respondents' Capital and Start-Up Costs: There is no
annual start-up or capital costs.
Estimated Total Annual Cost to the Federal Government: The cost to
the Federal Government is $991,514.
Comments
Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Dated: February 21, 2018.
William H. Holzerland,
Senior Director for Information Management, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2018-03949 Filed 2-26-18; 8:45 am]
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