STATE OF FLORIDA ADMINISTRATIVE PLAN FOR THE FLOOD MITIGATION ASSISTANCE PROGRAM FISCAL YEAR 2005 FUNDING CYCLE DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 www.floridadisaster.org/brm/FMAP.htm STATE OF FLORIDA ADMINISTRATIVE PLAN FOR FY’ 2005 FLOOD MITIGATION ASSISTANCE PROGRAM TABLE OF CONTENTS I. Purpose 1 II. Authorities 1 III. Objective 1 IV. Managing State Concept 1 V. Fiscal Year 2005 2 VI. State Strategy 2-3 VII. Project Eligibility 3-4 VIII. Matching Requirement 4 IX. Financial Information 5 i ADMINISTRATIVE PLAN FOR THE FLOOD MITIGATION ASSISTANCE PROGRAM I. Purpose: The State of Florida and its general purpose localgovernments and Native American Tribal governments receive funds from the Federal Emergency Management Agency (FEMA) so that measures may be taken to reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other structures insurable under the National Flood Insurance Program (NFIP) with priority given to severe repetitive loss and substantially damaged structures. II. Authorities: The Flood Mitigation Assistance Program (FMAP) was created pursuant to Section 1366 of the National Flood Insurance Act of 1968 (NFIA), 42 USC 4104c, as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103-325, and the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264. FMAP regulations are in 44 Code of Federal Regulations (CFR) Part 78. II. Objective: The State of Florida will continue to provide financial assistance to local and Native American Tribal governments to implement cost-effective measures that reduce or eliminate the longterm risk of flood damage to insurable structures under the National Flood Insurance Program. IV. Managing State Concept: The State of Florida, Division of Emergency Management (DEM), has signed a Managing State Memorandum of Understanding (MOU) with FEMA that authorizes the State to provide more stringent requirements for the FMAP. 1 V. Fiscal Year 2005 During FY’ 2005, the State of Florida has been allocated $3 million in project funds. These funds will be used to reduce the number of repetitive loss properties insured by the NFIP. The Department will be requiring that all applications be submitted to DEM using the E-Grants System, and all local and Native American Tribal governments will be required to perform and attach to the EGrant application a Benefit Cost Analysis (BCA). E-Grants System: The E-Grants System is accessible to all local governments and Native American Tribes through the Internet. The internet address for E-Grants is https://portal.fema.gov. Each local government and Native American Tribe will be required to: (1) Register a representative(s) to create and edit project applications; and (2) Register a representative(s) to sign and submit the project application. This representative may be the chief elected official or chief administrative official of the local government or Native American Tribe or his/her designee. Documentation must be sent to DEM identifying this individual. Benefit Cost Analysis: There are two options for completing the benefit cost analysis: (1) The traditional FEMA-approved software-based BCA Flood Modules to determine the cost effectiveness of a project may be used; or (2) A simplified alternative methodology developed by FEMA which can be used in lieu of a traditional BCA for certain properties insured under the NFIP. Information on the alternative approach to determine costeffectiveness is available for Applicants and Sub-applicants on the FEMA website: http://www.fema.gov/fima/mit_pilot.shtm VI. State Strategy The State of Florida has developed a strategy to effectively address the significant negative impact of repetitive loss properties on Florida’s families, economy and property. The primary objectives of this strategy are two fold: (1) Eliminate or reduce the total number of repetitive loss properties in Florida; and (2) Increase awareness of the negative impact of repetitive loss properties and the benefits of mitigation actions. 2 Since the FMAP places emphasis on mitigation activities that impact structures in special flood hazard areas that experience the highest severity of flooding, the FMAP strategy in Florida will be achieved by: (a) Funding projects that reduce the number of severe repetitive or substantially damaged structures; (b) Funding projects that are high priority, targeted repetitive loss structures; and (c) Funding projects that are repetitive loss structures. VII. Project Eligibility Grants are available to local governments and Native American Indian Tribes to implement measures to reduce the risk of flood damage to NFIP-insurable structures. However, Indian Tribal governments and local governments that are suspended or withdrawn from the NFIP are not eligible for FMAP grants. The State of Florida will use project funds to fund cost effective flood retrofit and elevation of repetitively flooded and substantially damaged structures. More specifically, these project funds can be used for: (1) Acquisition and Demolition; (2) Elevation and Retrofit; (3) Acquisition and Relocation; (4) Dry Flood-proofing of NonResidential Structures; (5) Beach nourishment; (6) Minor physical flood control projects and (7) Other activities that bring a structure into compliance with 44 CFR 60.3. Additional eligibility criteria are: Be cost beneficial to the NFIP; Be technically feasible; Be physically located in a NFIP-participating community or must reduce future flood damages in an NFIP-participating community; Conform with the State's Administraive Plan, which at a minimum states that a structure must have the lowest floor, including the basement, elevated no lower than two feet above the Base Flood Elevation; Have a FEMA-approved Flood Mitigation Plan, Community Rating System Plan or Local Mitigation Strategy; and 3 Comply with Executive Order 11988 (44 CFR Part 9 Floodplain Management and Protection of Wetlands), 44 CFR Part 10 - Environmental Considerations and the National Environmental Policy Act (NEPA). Limitations FMAP funds may not be used to elevate or retrofit structures located in a floodway as detailed on a community’s Flood Insurance Rate Map (FIRM). FMAP funds can only be used to acquire, demolish or relocate. FMAP funds may not be used to retroactively fund flood mitigation projects, unless the local government can provide documentation that a economic hardship has postponed the completion of said project. FMAP funds may not be used to correct illegally constructed structures. Any structure that has been designed as a Section “1316 structure” under the NFIP is not eligible for FMAP funding. Environmental Review Procedures All projects proposed for funding must comply with applicable federal, state and local environmental law. The State will review all projects in compliance with the National Environmental Protection Act (NEPA). The procedures, requirements and level of review will be determined by the project type and/or scope of work. The State will prepare a Record of Environmental Review and include appropriate NEPA compliance documentation with staff recommendations which will then be forwarded to FEMA for final agency action. VIII. Matching Requirement: FEMA may contribute no more than 75 percent of the total eligible project costs of an approved project. No less than 25 percent of the total eligible costs must be provided by a non-federal source. Of this 25 percent, no more that half can be provided as in-kind contributions from a third party. Inasmuch as the FMAP operates on a cost-reimbursable basis, the ultimate recipient of the funds should initially make arrangements to finance the entire project. 4 IX. Financial Information: Payments: Payments for costs not already advanced will be reimbursed on a quarterly cost reimbursement basis. Ten percent of the final payment will be held by DEM until the final inspection has been conducted and approved. Quarterly Reports: Quarterly reports must be submitted to DEM on a quarterly basis identifying the work accomplished to date and identifying any anticipated problems involved in the completion of the project. Cost Overruns and Underruns: During the execution of work on an approved project, the subgrantee may find that actual project costs may exceed the approved cost. Eligible cost overruns which can be met without additional federal funds or by offsetting cost underruns on other projects, need not be submitted to the Region for approval, so long as the full scope of work on all affected projects can still be met. For cost overruns which exceed federal obligated funds and require additional federal funds, the overrun must be clearly documented and the request shall be submitted in writing to DEM. Overruns can be verified by submission of documentation of the cost overrun, or by an interim inspection by a State inspector. DEM shall evaluate each cost overrun for eligibility and submit a recommendation to FEMA for a determination. The applicant=s justification for additional costs and other pertinent material shall accompany the request. Closeout Procedures: The final inspection of a project can be performed any time after the completion of the scope of work. In order to schedule a final inspection, the subgrantee must request in writing to have the inspection conducted and must have all relevant documentation for said project (i.e. Certificate of Occupancy, Elevation Certificate). Audit Requirements: Local governments and tribal governments receiving FMA grant funds must comply with all audit requirements of OMB Circular A-128. This circular was issued pursuant to the Single Audit Act of 1984, P.L. 98-502. 5