[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71659-71660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25452]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0040; OMB No. 1660-0076]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Hazard Mitigation Grant Program (HMGP) 
Application Reporting

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: 60 Day notice of revision 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 to take this opportunity to comment on an extension, 
with change, of a currently approved information collection. In 
accordance with the Paperwork Reduction Act of 1995, this notice seeks 
comments regarding the requirements, grants management procedures, and 
implementation of grants awarded under the Hazard Mitigation Grant 
Program (HMGP), which is a post-disaster program that contributes funds 
toward the cost of hazard mitigation activities to reduce the risk of 
future damage, hardship, loss or suffering in any area affected by a 
major disaster.

DATES: Comments must be submitted on or before January 23, 2023.

ADDRESSES: To avoid duplicate submissions to the docket, please submit 
comments at www.regulations.gov under Docket ID FEMA-2022-0040. Follow 
the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Jennie Orenstein, Chief, HMA Grants 
Policy Branch, at (202) 212-4071 or [email protected]. You 
may contact the Information Management Division for copies of the 
proposed collection of information at email address: [email protected].

SUPPLEMENTARY INFORMATION: Section 404 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c, 
authorizes the Hazard Mitigation Grant Program (HMGP). Program grant 
requirements and grants management procedures are outlined in 44 CFR 
part 206 subpart N, and 2 CFR parts 200 and 3002. The Federal Emergency 
Management Agency (FEMA) administers the HMGP, and Recipients implement 
the grants under the HMPG per grant agreement, rules, and regulations. 
The HMGP is a post-disaster program that contributes funds toward the 
cost of hazard mitigation activities to reduce the risk of future 
damage, hardship, loss or suffering in any area affected by a major 
disaster or any area affected by a fire for which assistance was 
provided under section 420 of the Stafford Act (42 U.S.C. 5187). 
Section 102 of the Stafford Act (42 U.S.C. 5122(4)) defines a ``state'' 
as any state of the United States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the commonwealth of 
the Northern Mariana Islands. ``Recipient'', as provided in 2 CFR 200, 
means a non-Federal entity that receives a Federal award directly from 
a Federal awarding agency to carry out an activity under a Federal 
program, or an Indian tribal government that chooses to act as a 
recipient rather than as a subrecipient. ``Subrecipient'' refers to a 
non-Federal entity that receives a subaward from a pass-through entity 
to carry out part of a Federal program; but does not include an 
individual that is a beneficiary of such program. A subrecipient may 
also be a recipient of other Federal awards directly from a Federal 
awarding agency. The term ``Indian tribal government'' is defined in 
Section 102 of the Stafford Act, 42 U.S.C. 5122(6), as the governing 
body of any Indian or Alaska Native tribe, band, nation, pueblo, 
village, or community that the Secretary of the Interior acknowledges 
to exist as an Indian tribe under the Federally Recognized Indian Tribe 
List Act of 1994. In addition, the Sandy Recovery Improvement Act of 
2013 (Pub. L. 113-2, 42 U.S.C. 5170(b)) amended the Stafford Act to 
allow the Chief Executive of a federally recognized Indian tribe to 
make a direct request for a major disaster or emergency declaration to 
the President of the United States.
    The Department of Homeland Security (DHS) adopted in its entirety 
the Uniform Administrative

[[Page 71660]]

Requirements, Cost Principles, and Audit Requirements for Federal 
Awards (2 CFR part 200) on December 26, 2014, at 2 CFR part 3002, (79 
FR 75867, December 19, 2014). This rule eliminates overlapping and 
duplicative requirements for stakeholders, including states, 
territories and Indian tribal governments, by using general terms such 
as ``recipient'' and ``pass-through entity.''
    The HMGP regulation describes the application process in 44 CFR 
206.436. Information collected through the financial award application 
is the minimum information necessary for the financial award 
administration under the HMGP and includes the project narrative, 
analysis of the measure's cost-effectiveness referred to as the 
benefit-cost determination, and environmental review used in 
conjunction with OMB No. 1660-0025.
    44 CFR 206.436(d) states: ``The State must submit all local HMGP 
applications and funding requests for the purpose of identifying new 
projects to the Regional Administrator within 12 months of the date of 
disaster declaration.'' Furthermore, Section 311 of the DHS 
Appropriations Act, 2022 (Pub. L. 117-103, 136 Stat. 331) states: 
``beginning between January 1, 2020, and December 31, 2021, the Federal 
share of assistance, including direct Federal assistance, provided 
under such sections shall be not less than 90 percent of the eligible 
cost of such assistance.'' The legislation applies to all current FY 
2022 HMGP local and Tribal sub applicants and significantly alters 
application and program financial management information collection 
requirements. The DHS Appropriations Act, 2022 does not provide 
additional funding for HMGP COVID-19 relief beyond the already 
established $3.46 billion.
    Per 44 CFR 206.438(c), progress reports must be submitted by the 
HMGP Recipient to the Regional Administrator on a quarterly basis, 
certifying how the funds are being used and reporting on the progress 
of activities funded under the subrecipient awards made to the 
Recipient by FEMA. The Regional Administrator and Recipient negotiate 
the date for submission of the first report. Quarterly progress reports 
describe the status of those projects on which a final payment of the 
Federal share has not been made to the recipient, and outline any 
problems or circumstances expected to result in noncompliance with the 
approved award conditions.
    The legislative changes are expected to trigger a significant 
increase in requests by local sub applicants who have not yet developed 
FY 2022 project applications. The requests will likely extend the 
application deadline beyond the standard 12-month deadline of August 5, 
2022. Applications Period extension requests, authorized under 44 CFR 
206.436(e), may add additional information collection burden.
    The Foundations for Evidence-Based Policymaking Act of 2018 
(Evidence Act) (Pub. L. 115-435, 5 U.S.C. 311-315) establishes 
evaluation using systematic data collection and analysis of programs, 
policies, and organizations intended to assess their effectiveness and 
efficiency as an essential program activity. Hazard Mitigation programs 
are currently revising information collections to simply data 
collection, reduce burden, coordinate data collection across programs, 
develop performance metrics, and meet goals and priorities as 
stipulated in the Evidence Act. Program implementation of the Evidence 
Act will necessitate changes to information collections. Additionally, 
the Build America, Buy America Act (BABAA) (Pub. L. 117-58, 70901-
70927) and Executive Order (E.O.) 14008, Tackling the Climate Crisis At 
Home and Abroad, (86 FR 7619, February 1, 2021) establishes additional 
information collection requirements, goals and priorities.

Collection of Information

    Title: Hazard Mitigation Grant Program (HMGP) Application and 
Reporting.
    Type of Information Collection: Extension, with change, of a 
currently approved information collection.
    OMB Number: OMB No. 1660-0076.
    FEMA Forms: Project Narrative; Benefit-Cost Determination; 
Environmental Review; FEMA Form FF-206-FY-22-154 (formerly 009-0-111A), 
Quarterly Progress Reports.
    Abstract: The Federal Emergency Management Agency (FEMA) 
administers the Hazard Mitigation Grant Program, which is a post-
disaster program that contributes funds toward the cost of hazard 
mitigation activities to reduce the risk of future damage hardship, 
loss or suffering in any area affected by a major disaster. FEMA uses 
applications to provide financial assistance in the form of grant 
awards and, through grantee quarterly reporting, monitor grantee 
project activities and expenditure of funds.
    Affected Public: State, local, or Tribal Government.
    Estimated Number of Respondents: 236.
    Estimated Number of Responses: 10,891
    Estimated Total Annual Burden Hours: 100,280.
    Estimated Total Annual Respondent Cost: $6,141,147.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $2,211,399

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.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative 
Officer, Mission Support, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. 2022-25452 Filed 11-22-22; 8:45 am]
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