[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20291-20292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07609]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0018]
RIN 1660-ZA23


Hazard Mitigation Assistance: Building Resilient Infrastructure 
and Communities

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice, Request for Comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting 
comments on the Building Resilient Infrastructure and Communities 
Policy. This policy describes a new program authorized by recent 
legislation that allows FEMA to set aside 6 percent of estimated 
disaster expenses for each major disaster to fund a mitigation grant 
program to assist States, territories, Tribes, and local governments. 
The new program would supersede the existing Pre-Disaster Mitigation 
grant program and would promote a national culture of preparedness 
through encouraging investments to protect communities and 
infrastructure and strengthening national mitigation capabilities to 
foster resilience.

DATES: Comments must be received by May 11, 2020.

ADDRESSES: Comments must be identified by docket ID FEMA-2019-0018 and 
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. Please note that this proposed 
policy is not a rulemaking and the Federal Rulemaking Portal is being 
utilized only as a mechanism for receiving comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal 
Emergency Management Agency, 8 NE Ste. 1007, 500 C Street SW, 
Washington, DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Ryan Janda, Federal Emergency 
Management Agency, 400 C Street SW, Washington, DC 20472, 202-646-2659, 
Ryan.Janda@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    Instructions: 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 and 
Security Notice that is available via a link on the homepage of 
www.regulations.gov.
    You may submit your comments and material by the methods specified 
in the ADDRESSES section. Please submit your comments and any 
supporting material by only one means to avoid the receipt and review 
of duplicate submissions.
    Docket: The proposed guidance is available in docket ID FEMA-2019-
0018. For access to the docket to read background documents or comments 
received, go to the Federal eRulemaking

[[Page 20292]]

Portal at http://www.regulations.gov and search for the docket ID. 
Submitted comments may also be inspected at FEMA, Office of Chief 
Counsel, 8 NE, 500 C Street, SW, Washington, DC 20472.

II. Background

    On October 5, 2018, the President signed into law the Disaster 
Recovery Reform Act \1\ (DRRA). The DRRA contains approximately 50 
provisions which acknowledge the shared responsibility for disaster 
response and recovery, aim to reduce the complexity of FEMA, and build 
the nation's capacity for the next catastrophic event. Some of the 
highlights from the DRRA include additional authority to reduce risk 
from future disasters after a fire, increase State capacity to manage 
disaster recovery, provide greater flexibility to survivors with 
disabilities, and retain skilled response and recovery personnel.
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    \1\ Pubic Law 115-254, 132 Stat. 3438.
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    This policy addresses Section 1234 of the DRRA, titled ``National 
Public Infrastructure Pre-Disaster Hazard Mitigation,'' which amended 
section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Stafford Act), 42 U.S.C. 5121 et seq. Section 1234 of 
the DRRA authorizes FEMA to set aside 6 percent of estimated disaster 
expenses for each major disaster to fund a new grant program, called 
Building Resilient Infrastructure and Communities (BRIC). The new 
program will supersede the existing Pre-Disaster Mitigation (PDM) 
program authorized under Section 203 \2\ and will promote a national 
culture of preparedness through encouraging investments to protect our 
communities and infrastructure and strengthening national mitigation 
capabilities to foster resilience. The following principles will guide 
the BRIC program:
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    \2\ In August 2019, FEMA posted a PDM fact sheet and notice of 
funding opportunity (NOFO) to its website, available at https://www.fema.gov/media-library/assets/documents/182171. The NOFO 
clarified that fiscal year (FY) 2019 would be the last year that 
FEMA offered the PDM program, and that it would supersede that 
program by BRIC in FY 2020. As both the fact sheet and the NOFO 
explain, the 2015 Hazard Mitigation Assistance (HMA) Guidance 
applies to the FY 2019 PDM grant program application cycle.
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     Support communities through capability and capacity 
building
     Encourage and enable innovation
     Promote partnerships
     Enable large projects
     Maintain flexibility
     Provide consistency
    The BRIC Policy provides a consistent framework and standing 
requirements for the program. FEMA will calculate the 6 percent set 
aside within 180 days after each major disaster and set aside that 
amount from the Disaster Relief Fund into the National Public 
Infrastructure Pre-Disaster Mitigation Fund.\3\ The total amount will 
vary year to year based on the estimated amount of disaster assistance 
for each major Presidentially-declared disaster, and the number of 
Presidentially-declared disasters in each year. On an annual basis, 
FEMA will assess the amount available in the National Public 
Infrastructure Pre-Disaster Mitigation Fund and determine what portion 
of it will be available for the next year's grant cycle. FEMA will 
announce this determination in the annual Notice of Funding Opportunity 
(NOFO) \4\ which it will post for a period of time on its website prior 
to opening the application period.
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    \3\ 42 U.S.C. 5133(i).
    \4\ 2 CFR 200.203 sets forth the requirement to post a NOFO and 
the required contents of a NOFO.
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    The Stafford Act limits eligible applicants to States and 
territories that have had a major disaster declaration in the 7 years 
prior to the annual application period start date, and federally-
recognized Tribes entirely or partially located in a State that has had 
a major disaster declaration in the 7 years prior to the application 
period start date.\5\ Subapplicants include local governments and non-
federally recognized Tribes,\6\ who may apply to States and territories 
for funding. (Note that federally-recognized Tribes may apply as either 
applicants or subapplicants).\7\
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    \5\ 42 U.S.C. 5133(g).
    \6\ 42 U.S.C. 5122(8).
    \7\ 42 U.S.C. 5123.
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    In addition to determining annually the total amount to be made 
available for BRIC, FEMA may allocate from that amount to eligible 
States and territorial applicants, with a specific set-aside for 
Tribes, an allocation for mitigation capability- and capacity-building 
activities and mitigation projects, and make the remainder of the 
funding available competitively for mitigation projects. FEMA may also 
make a portion of funding available for management costs (costs to 
manage the grant) and non-financial technical assistance to all 
eligible entities. Funding would generally be subject to a Federal cost 
share of up to 75 percent, and up to 90 percent for small and 
impoverished communities.\8\
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    \8\ 42 U.S.C. 5133(h).
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    Each year, FEMA will provide stakeholders with more detailed 
information about the program requirements through an annual Notice of 
Funding Opportunity (NOFO) process.\9\ The NOFO will address a variety 
of topics, including but not limited to:
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    \9\ 2 CFR 200.203.
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     Important application dates
     Specific funding amounts and allowances
     Provision of technical assistance
     Codes and standards activities
     Sample project types
     Application review process, including competition 
structure and merit criteria
     Method for determining cost-effectiveness
     Award administration information
     Additional requirements and guidelines
    The proposed guidance does not have the force or effect of law.
    FEMA seeks comment on the proposed guidance, which is available 
online at http://www.regulations.gov in docket ID FEMA-2019-0018. Based 
on the comments received, FEMA may make appropriate revisions to the 
proposed guidance. When or if FEMA issues a final policy, FEMA will 
publish a notice of availability in the Federal Register and make the 
final guidance available at http://www.regulations.gov. The final 
guidance will not have the force and effect of law and is not meant to 
bind the public in any way. The guidance document is intended only to 
provide clarity to the public regarding existing requirements under the 
law or agency policies.

    Authority:  Sec. 1234, Pub. L. 115-254, 132 Stat. 3438.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-07609 Filed 4-9-20; 8:45 am]
 BILLING CODE 9111-47-P


