Hurricane Floyd Property Acquisition and Relocation Grants

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 11, 2000 (Volume 65, Number 29)]
[Rules and Regulations]
[Page 7269-7274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe00-20]

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Part VI

Federal Emergency Management Agency

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44 CFR Part 209

Hurricane Floyd Property Acquisition and Relocation Grants; Interim
Final Rule

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 209

RIN 3067-AD06

Hurricane Floyd Property Acquisition and Relocation Grants

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim final rule with request for comments.

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SUMMARY: We, FEMA, announce the immediate availability of $215 million
in grants provided under the Consolidated Appropriations Act for FY
2000, for the acquisition and relocation of properties affected by
Hurricane Floyd or surrounding events for hazard mitigation purposes.

DATES: Effective Date: This interim final rule is effective February
11, 2000.
Comments: We invite comments on this interim final rule, which
should be received by April 11, 2000.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office
of the General Counsel, Federal Emergency Management Agency, 500 C
Street SW., room 840, Washington, DC 20472, (facsimile) (202) 646-4536,
or (email) rules@fema.gov.

FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646-3619, (facsimile) (202) 646-3104, or
(email) robert.shea@fema.gov.

SUPPLEMENTARY INFORMATION: This interim final rule provides guidance on
the administration of grants made under title I, chapter 2 of the
Consolidated Appropriations Act for FY 2000, (``Act''), Pub.L. 106-113.
The Act provides $215 million for the acquisition and relocation of
properties affected by Hurricane Floyd and surrounding events for
hazard mitigation purposes.
Recognizing that the overriding aim of the Hurricane Floyd
supplemental funds is to clear the floodplain by helping occupants to
move out of harm's way, we intend to use the funding to meet the needs
of lower income households in the areas that are most affected by flood
damage. We are allocating the $215 million among the States that
received major disaster declarations due to Hurricane Floyd. The
allocation will be based on the number and value of properties meeting
the eligibility criteria whose owners express interest in participating
in a buyout. We are requesting States by letter to provide this
information to the Associate Director for Mitigation by January 31,
2000. As stated in the Act, allocations to States under this authority
have no impact on the calculation of available funding under the
Stafford Act (42 U.S.C. 5170c), the Hazard Mitigation Grant Program.
Separately, we will request States to provide feedback regarding
several important issues related to the implementation of our grant
programs that fund buyouts and relocations of floodprone property. We
will use this feedback to evaluate the need for modifications to these
grant programs.
This rule explains the process for States and us to prioritize
projects to ensure funds are used in a cost-effective manner. We
describe the program eligibility criteria in the rule to ensure States
target properties severely impacted by Hurricane Floyd or surrounding
events that would likely flood again in the future.
The rule and the program requirements are structured parallel to
our Hazard Mitigation Grant Program (HMGP) program, which also has
property acquisition authority. We expect to minimize the differences
between the two programs and to simplify the administration of both
programs in the field. The Act does contain several provisions that
differ from the HMGP that States should note:
(a) Funds are to be used for acquisition/relocation projects only;
(b) To be eligible, projects may only include properties that:
(1) Are located in the Special Flood Hazard Area;
(2) Are the principal residence of the owner; and
(3) Were made uninhabitable by Hurricane Floyd or surrounding
natural hazard event.
(c) Subgrantees may pay participating homeowners no more than the
fair market value of the property before September 1, 1999.
The HMGP does not have the limitations described above.
We encourage States to implement this program in conjunction with
the HMGP to the extent possible. States and applicants may use HMGP
guidance materials for acquisition and relocation projects, including
the HMGP Interim Desk Reference (FEMA-345) and the Property Acquisition
Handbook (FEMA-317) to the extent that the guidance does not conflict
with these regulations or the Act. For example, FEMA-345 and FEMA-317
provide model deed restrictions and easements and detailed procedures
for avoiding duplication of benefits provided by other programs or
insurance. The model deed language and the duplication of benefits
review process apply to this special buyout authority as well.
Communities interested in participating should note that properties
purchased with this grant funding must remain as open space in
perpetuity and may receive no future disaster assistance from any
Federal source. For example, public park facilities on purchased open
space land are not eligible for our Public Assistance program funding
if future flood disasters occur in the area.
States are responsible for measuring both the expected benefits of
funded projects and actual program effectiveness after future flood
events. This process will assist the State and us in assessing program
results and improving future mitigation program implementation.

National Environmental Policy Act

This rule is excluded from the preparation of an environmental
assessment or environmental impact statement under 44 CFR
10.8(d)(2)(ii), where the rule is related to actions that qualify for
categorical exclusion under 44 CFR 10.8(d)(2)(vii). In addition, we
will perform an environmental review under 44 CFR Part 10,
Environmental Considerations, on each proposed acquisition project
before funding and implementation.

Executive Order 12898, Environmental Justice

This rule will have no disproportionate, adverse impact on low-
income or minority populations within the meaning of E.O. 12898.
Properties in Special Flood Hazard Areas that have a high risk of
flooding are frequently associated with depressed property values and
inhabited by low-income residents. This is the case in many communities
that were affected by Hurricane Floyd and that this rule targets for
buyouts. The rule's effect of offering such populations more than post-
event, current fair market value for their damaged residences to
relocate voluntarily outside the flood hazard area helps give low-
income homeowners the means to move to safer ground, which might not
otherwise be available to them. In some cases, where very low-priced
residences are acquired, the buyout offer may not be enough to pay for
available housing outside the hazard area because the law caps the
offer at pre-event value. In such cases we will coordinate with the
State to help identify alternative funding sources for those buyouts or
to cover the relocation differential.

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Executive Order 12866, Regulatory Planning and Review

The rule sets out our administrative procedures for making grants
available for acquiring and relocating houses damaged by Hurricane
Floyd. Most of the $215,000,000 appropriation will be obligated within
one year. As such the rule will have an effect on the economy of more
than $100,000,000, the impact of which will promote public health and
safety by providing low-income homeowners with the financial means to
move voluntarily out of high-risk flood hazard areas. Therefore, this
rule is a major rule as defined in 5 U.S.C. 804(2) and is an
economically significant rule under Executive Order 12866. The Office
of Management and Budget has reviewed this rule under Executive Order
12866.

Paperwork Reduction Act

The Federal Emergency Management Agency is submitting a request for
review and approval of a new collection of information, which is
contained in this interim rule. The request is submitted under the
emergency processing procedures in Office of Management and Budget
(OMB) regulations 5 CFR 1320.13. FEMA is requesting that this
information collection be approved by February 11, 2000, for use
through July 2000.
FEMA expects to follow this emergency request with a request for a
3-year approval. The request will be processed under OMB's normal
clearance procedures in accordance with the provisions of OMB
regulation 5 CFR 1320.10. To help us with the timely processing of the
emergency and normal clearance submissions to OMB, FEMA invites the
general public to comment on the proposed collection of information.
This notice and request for comments is in accordance with the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3506(c)(2)(A)). It also seeks comments concerning the collection of
information, which is necessary for State and local officials to apply
for the Hurricane Floyd Special Buyout Authority. The forms or
formats--SF-424, Application for Federal Assistance; FEMA form 20-15,
Budget Instructions--Construction Programs; Project Narrative (section
209.8(b)); FEMA form 20-16, 20-16c Assurances and Certifications;
Standard Form LLL, Disclosure of Lobbying Activities; FEMA form 20-10,
Financial Status Report; and the Performance/Progress Report format--
serve as basic screening and referral documents and may be used in
determining whether applicants meet the basic eligibility requirements
of this Authority.
Supplementary Information. This collection is in accordance with
FEMA's responsibilities under 44 CFR section 206.3 to provide an
orderly and continuing means of assistance by the Federal Government to
State and local governments. The assistance provided helps to alleviate
the suffering and damage that result from major disasters and
emergencies. Under the Consolidated Appropriations Act of FY2000, FEMA
may provide assistance for the acquisition and relocation of properties
affected by Hurrricane Floyd or surrounding events for hazard
mitigation purposes.
Collection of Information.
Title. Hurricane Floyd Property Acquisition and Relocation Grants.
Type of Information Collection. New.
Form Numbers. SF-424, Application for Federal Assistance; FEMA form
20-15, Budget Information-Construction Programs; FEMA form 20-16, 20-
16c Assurances and Certifications; Standard Form LLL, Disclosure of
Lobbying Activities; FEMA form 20-10, Financial Status Report; and the
Performance report format.
Abstract.
(1) SF-424 facesheet. This is a standard form used by applicants to
accompany applications for Federal assistance. It provides the agency
summary information about applicant organization and the type of
assistance requested. Local governments may use the SF-424 to provide
pertinent applicant profile information with their application. States
may submit amendments to their original application by submitting an
additional SF-424 that requests a revision to the original.
(2) Budget forms. This is a standard form which applicants submit
with the application detailing the proposed budget for the grant. For
construction projects, applicants complete FEMA form 20-15. FEMA will
use this information to determine if the requested funding is
reasonable and to perform a benefit-cost analysis on the proposed
project (construction projects only).
(3) Project Narrative. The narrative statement, more commonly
referred to as the project application, identifies the proposed measure
to be funded and provides information supporting the projects
eligibility. The narrative will contain nine essential elements: the
description of the hazard/problem, proposed measures, location of
project, proposed work schedule, an itemized list of expected benefits
and estimated dollar values, alternative approaches considered to meet
the objective, the surrounding environment and possible environmental
impacts, existing resources in the project area, provide an analysis of
the environmental effects of the proposed project and alternatives on
the resources discussed above, provide environmental studies/reviews,
if possible.
(4) Assurances and certifications. These are standard forms that
are completed by the State. FEMA form 20-16 summarizes all assurances
and certifications that the State must sign in order to receive grant
assistance. FEMA forms 20-16 and 20-16(c) list assurances that the
State must provide in order to receive assistance for construction
programs. FEMA form 20-16c lists three certifications that the State
must make in order to receive Federal assistance: lobbying; debarment,
suspension, and other responsibility matters; and drug free workplace
requirements.
(5) Disclosure of Lobbying Activities. The SF-LLL is a standard
form disclosing lobbying activity on the part of grant recipients.
These assurances are an integral element of the grant agreement between
FEMA and the State, ensuring compliance with all applicable Federal
statutes, executive orders, and regulations.
(6) Financial Status Report. The FEMA Form 20-10--Financial Status
Report Form is used by Grantees, to give an accurate, current and
complete disclosure, on a quarterly basis the financial results of
financially assisted activities. Reporting must be made in accordance
with the financial reporting requirements of the grant or subgrant.
Form 20-10 is due thirty (30) days after the expiration or termination
of grant support. Grantees are required to submit an original and two
copies to the Regional Office. Grantees may use this form in dealing
with their subgrantees.
(7) Performance Report. The State will use this format to report on
the implementation schedule, any delays, projected overruns, and
problems encountered.
Affected Public: State, local and tribal governments and
Individuals and households. The forms are used to allow State and local
officials to apply for the Hurricane Floyd Special Buyout Authority on
behalf of their communities and citizens.
Estimated Total Annual Burden Hours.

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Annual
Type of collection/forms No. of Hours per response burden
respondents hours
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SF-424 (Application facesheet)................ 213 .75 160
20-15 Budget--Construction.................... 213 17.2 3,664
Project Narrative (section 209.8(b)........... 213 15 3,195
20-16 (Summary of assurances & certifications) 213 1.7 362
20-16b (Assurances, non-construction)......... ........... included in 20-16 ...........
20-16c (lobbying certification)............... ........... included in 20-16 ...........
SF-LLL (lobbying disclosure).................. 213 .5 107
Form 20-10--Financial Status Report 213 x 852 8 6,816
quarterly = 852.
Performance Report 213 x quarterly = 852.... 852 4.2 3,578
Duplication of benefits review................ 213 12.62 2,688
Communities Individual homeowners............. 5,375 1 5,375
Agreement--Settlement/Deeds/Easement.......... 213 6.31 1,344
Communities Individual homeowners............. 5,375 1 5,375
Individual Homeowners--Initial Meeting/Letters 5,375 2 10,750
Individual Homeowners--Appraisal/Inspection 5,375 1 5,375
Visit, Review, Offer.
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Total Burden.............................. ........... ...................................... 48,789
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Estimated Cost. We have not calculated the costs associated with
this collection due to the emergency nature of the funding availability
and grant approval process. However, we believe there are few
additional costs associated with this authority. States may use
existing systems for submitting grant applications and reporting.
Comments: Written 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. Comments should be received within 60 days of
the date of this notice.
ADDRESSEE:
Interested persons should submit written comments to the Desk
Officer for the Federal Emergency Management Agency, Office of
Management and Budget, Office of Information and Regulatory Affairs,
725 17th Street, NW, Washington, DC 20503 within 30 days of this
notice. FEMA will continue to accept comments for an additional 30
days. Send written comments on the collection of information, including
the burden estimate to Muriel B. Anderson, FEMA Information Collections
Officer, Federal Emergency Management Agency, 500 C Street, SW, Room
316, Washington, DC 20472. Telephone number (202) 646-2625. FAX number
(202) 646-3524 or e-mail muriel.anderson@fema.gov.

FOR FURTHER INFORMATION CONTACT:

Ms. Anderson at (202) 646-2625 for copies of the proposed
collection of information.

Executive Order 12612, Federalism

We have reviewed this rule under the threshold criteria of
Executive Order 13132, Federalism. We have determined that the rule
does not significantly affect the rights, roles, and responsibilities
of States, and involves no preemption of State law nor does it limit
State policymaking discretion.

Congressional Review of Agency Rulemaking

We have sent this final rule to the Congress and to the General
Accounting Office under the Congressional Review of Agency Rulemaking
Act, Pub. L. 104-121. The rule is a ``major rule'' within the meaning
of that Act. It is an administrative action in support of normal day-
to-day grant activities required by Pub. L. 106-113, which prescribes
how the $215,000,000 appropriation will be transferred through grants
to certain States.
The rule will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. It will not have ``significant adverse
effects'' on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises. This final rule is subject to
the information collection requirements of the Paperwork Reduction Act
and OMB has assigned Control No. 3067-0279. The rule is not an unfunded
Federal mandate within the meaning of the Unfunded Mandates Reform Act
of 1995, Pub. L. 104-4, and any enforceable duties that we impose are a
condition of Federal assistance or a duty arising from participation in
a voluntary Federal program.

List of Subjects in 44 CFR Part 209

Administrative practice and procedure, Disaster assistance, Grant
programs, Reporting and recordkeeping requirements.

Accordingly, we amend Chapter I, Subchapter D, by adding Part 209
to read as follows:

PART 209-- HURRICANE FLOYD PROPERTY ACQUISITION AND RELOCATION
GRANTS

Sec.
209.1 Purpose.
209.2 Definitions.
209.3 Roles and responsibilities.
209.4 Allocation and availability of funds.
209.5 Applicant eligibility.
209.6 Project eligibility.
209.7 Priorities for project selection.
209.8 Application and review process.
209.9 Appeals.
209.10 Project implementation requirements.
209.11 Grant administration.
209.12 Oversight and results.

Authority: Pub. L. 106-113, Appendix E--H.R. 3425; Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq., Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979

[[Page 7273]]

Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412.

Sec. 209.1 Purpose.

This part provides guidance on the administration of grants made
under the Consolidated Appropriations Act for FY 2000, Pub. L. 106-113,
which provides $215 million for the acquisition and relocation of
properties affected by Hurricane Floyd or surrounding events for hazard
mitigation purposes.

Sec. 209.2 Definitions.

Except as noted in this part, the definitions listed at 44 CFR
206.2 apply to the implementation of this part.

Sec. 209.3 Roles and responsibilities.

We describe specific responsibilities of program participants
throughout this part. The following materials describe the general
roles of FEMA, the State, and communities or other organizations that
receive grant assistance.
(a) Federal. The Director will allocate available funding to States
that received major disaster declarations resulting from Hurricane
Floyd and surrounding events. The Regional Directors will provide
technical assistance to States upon request, make grant awards, and
oversee program implementation.
(b) State. The State will be the Grantee to which FEMA awards funds
and will be accountable for the use of those funds. The State will
determine priorities for funding within the State and provide technical
assistance and oversight to subgrantees for project development and
implementation. The State will report program progress and results to
us. Native American tribes will be the grantee and carry out ``state''
roles when they apply directly to FEMA.
(c) Subgrantee. The subgrantee (a State agency, local government,
or private non-profit organization) will coordinate with interested
homeowners to complete an application to the State and implement all
approved projects. The subgrantee generally takes title to all property
and manages it as open space. The subgrantee is accountable to the
State for the use of funds.

Sec. 209.4 Allocation and availability of funds.

(a) The Director will allocate available funds based on the number
and value of properties meeting the eligibility criteria whose owners
have expressed interest in participating in a buyout.
(b) The Director may reallocate funds for which we do not receive
and approve adequate applications. We will obligate all available funds
by January 1, 2002, unless extenuating circumstances exists.

Sec. 209.5 Applicant eligibility.

The following are eligible to apply to the State for a grant:
(a) State and local governments;
(b) Indian tribes or authorized tribal organizations. A tribe may
apply either to the State or directly to FEMA.
(c) Private nonprofit organizations with a conservation purpose as
qualified under section 170(h) of the Internal Revenue Code of 1954, as
amended, 26 U.S.C. 170(h), and applicable regulations promulgated
thereunder.

Sec. 209.6 Project eligibility

(a) Eligible types of project activities. This grant authority is
for projects to acquire and demolish or relocate floodprone properties.
Approved projects will meet the following criteria and comply with
program requirements.
(b) Eligibility criteria. To be eligible, projects must:
(1) Be cost effective. The State will complete a benefit-cost
analysis, using a FEMA-approved methodology. We will review the State's
analysis.
(2) Include only properties that:
(i) The owner agrees to sell voluntarily;
(ii) Are located in the Special Flood Hazard Area;
(iii) Served as the principal residence for the owner (i.e., meets
criteria for owner-occupied, primary residence under our Individual
Assistance program); and
(iv) Were made uninhabitable (as certified by an appropriate State
or local official) by the effects of Hurricane Floyd or surrounding
natural hazard events.
(3) Conform with 44 CFR Part 9, Floodplain Management and
Protection of Wetlands; 44 CFR Part 10, Environmental Considerations;
and any applicable environmental and historic preservation laws and
regulations.

Sec. 209.7 Priorities for project selection.

States will set priorities in their State Hazard Mitigation Plan
(State buyout plan) to use as the basis for selecting projects for
funding. The State's priorities will address, at a minimum,
substantially damaged properties, repetitive loss target properties,
and such other criteria that the State deems necessary to comply with
the law. States may update their Hazard Mitigation Grant Program
administrative plan to incorporate administration and project selection
under this authority.

Sec. 209.8 Application and review process.

(a) Timeframes. States will set local application deadlines. States
must forward all applications by April 30, 2000. We will fund projects
as we receive and approve them. The Regional Director may extend the
deadline by up to 60 days, upon a State's request, if extenuating
circumstances prevent the State from meeting the deadline.
(b) Format. The State will forward its application to the Regional
Director. The Application will include a Standard Form (SF) 424,
Application for Federal Assistance, FEMA Form 20-16B, Assurances for
Construction Programs, attached community project applications (buyout
plans) selected by the State, and the State's certification that the
State has reviewed all applications and that they meet program
eligibility criteria. Community project applications will include:
(1) Community applicant information, including contact names and
numbers;
(2) Summary project information;
(3) Description of the problem addressed by the proposed project;
(4) Description of the applicant's decision-making process,
including alternatives considered;
(5) Project description, including property locations and scope of
activities;
(6) Project cost estimate and match source;
(7) Open space use description and maintenance assurance;
(8) Cost-effectiveness information, or State's benefit-cost
analysis;
(9) Environmental and historic preservation information; and
(10) Attachments as necessary (property site inventory, location
map, FIRM, etc);
(c) FEMA review. FEMA will review the State's eligibility
determination and either approve, deny, or request additional
information within 60 days. The Regional Director may extend this
timeframe if complicated issues arise.

Sec. 209.9 Appeals.

The State may appeal decisions by FEMA regarding the eligibility of
submitted applications within 60 days of receipt of the decision. The
format and timelines for the appeal must conform to 44 CFR 206.440.

Sec. 209.10 Project implementation requirements.

Subgrantees must enter into an agreement with the State, with the
concurrence of the Regional Director, that provides the following
assurances:
(a) The subgrantee will administer the grant and implement the
project in accordance with program requirements, 44 CFR parts 13 and
14, the grant agreement, and with applicable Federal, State, and local
laws and regulations.
(b) Participating property owners may receive assistance up to the
fair market

[[Page 7274]]

value of their real property as of September 1, 1999 (reduced by any
potential duplication of benefits from other sources).
(c) The following restrictive covenants must be conveyed in the
deed to any property acquired, accepted, or from which structures are
removed (``the property''):
(1) The property must be dedicated and maintained in perpetuity for
uses compatible with open space, recreational, or wetlands management
practices; and
(2) No new structure(s) will be built on the property except for
the following:
(i) A public facility that is open on all sides and functionally
related to a designated open space or recreational use;
(ii) A public rest room; or
(iii) A structure that is compatible with open space, recreational,
or wetlands management usage and proper floodplain management policies
and practices, which the Director approves in writing before the
construction of the structure begins.
(3) After completing the project, no application for additional
disaster assistance will be made for any purpose with respect to the
property to any Federal entity or source, and no Federal entity or
source will provide such assistance.
(4) Any structures built on the property according to paragraph
(c)(2) of this section, must be located to minimize the potential for
flood damage, be floodproofed, or be elevated to the Base Flood
Elevation plus one foot of freeboard.
(5) Every two years on October 1st, the subgrantee will report to
the State, certifying that the property continues to be maintained
consistent with the provisions of the agreement. The State will report
the certification to us.
(d) In general, allowable open space, recreational, and wetland
management uses include parks for outdoor recreational activities,
nature reserves, cultivation, grazing, camping (except where adequate
warning time is not available to allow evacuation), temporary storage
in the open of wheeled vehicles which are easily movable (except mobile
homes), unimproved, permeable parking lots, and buffer zones. Allowable
uses generally do not include walled buildings, flood reduction levees,
or other uses that obstruct the natural and beneficial functions of the
floodplain.

Sec. 209.11 Grant administration.

Cost share. We may contribute up to 75 percent of the total
eligible costs. The State must ensure that non-Federal sources
contribute not less than 25 percent of the total eligible costs for the
grant. The State or any subgrantee cannot use funds that we provide
under this Act as the non-Federal match for other Federal funds nor can
the State or any subgrantee use other Federal funds as the required
non-Federal match for these funds, except as provided by statute.
(b) Allowable costs. A State may find guidance on allowable costs
for States and subgrantees in Office of Management and Budget (OMB)
Circular A-87 and A-122 on the Cost Principles. States may use up to 7%
of these funds for costs to manage the grant. The State should include
management costs in its application. Subgrantees must include
reasonable costs to administer the grant as a direct project cost in
their budget.
(c) Progress reports. The State must provide a quarterly progress
report to us under 44 CFR 13.40, indicating the status and completion
date for each project funded. The report will include any problems or
circumstances affecting completion dates, scope of work, or project
costs that may result in noncompliance with the approved grant
conditions.
(d) Financial reports. The State must provide a quarterly financial
report to us under 44 CFR 13.41.

Sec. 209.12 Oversight and results.

(a) FEMA oversight. Our Regional Directors are responsible for
overseeing this grant authority and for ensuring that States and
subgrantees meet all program requirements. Regional Directors will
review program progress quarterly.
(b) Monitoring and enforcement. Subgrantees, States, and FEMA will
monitor the properties purchased under this authority and ensure they
are maintained in open space use. FEMA and the State may enforce the
agreement by taking any measures they deem appropriate.
(c) Program results. The State will review the effectiveness of
approved projects after each future flood event in the affected area to
monitor whether projects are resulting in expected savings. The State
will report to FEMA on program effectiveness after project completion
and after each subsequent flood event.

Dated: February 7, 2000.
James L. Witt,
Director.
[FR Doc. 00-3235 Filed 2-10-00; 8:45 am]
BILLING CODE 6718-04-P

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