Loading...
FEMA ., - '- { ( l Federal Emergency Management Agency Region IX Building 105 Presidio of San Francisco, California 94129 HAZARD MITIGATION DISASTER ASSISTANCE PROGRAMS The Disaster Assistance Programs (DAP) Division's hazard mitigation program has been developed as a result of (1) Section 406 of PL 93-288, Hazard - --Mitigation, (2) the Office of Management and Budget (OMB) directed Inter- agency Agreement for Nonstructural Flood Damage Reduction, (3) Executive Order 11988 Floodplain Management, (4) Executive Order 11990, Protection of Wetlands, and (5) Section 1362 of PL 90-448, Acquisition of Flood Damaged Property. The thrust of the Hazard Mitigation Program is two-fold. The first go~l is to develop strategies aft~r a Presidential declaration of a major disaster or emergency that will reduce or eliminate the need for federal funds for repair/reconstruction following future disaster events. The second goal is to provide public officials in the affected areas with recommendations that will reduce or eliminate the impact from these same future events; as a community becomes less vulnerable to disaster events, the need for federal assistance diminishes. To achieve the optimum results from the hazard mitigation process, FEMA personnel promote and facilitate those actions necessary for achieving the goals of the recommendations. Progress is continuously monitored and status reports are developed. SECTION 406, PL 93-288: Section 406 of Public Law 93-288 is triggered in post disaster situations and requires, as a condition to receiving federal disaster aid, that repairs be done in accordance with applicable codes, specifications, and standards. It also requires the state or local government recipients of federal aid to evaluate the natural hazards of the area in which the aid is to be used and, if appropriate, take action to mitigate them. Under Section 406, the state must prepare a hazard mitigation plan, due 180 days frn~ the disaster declaration. The following provision related to the plan 1S included in the FEMA/State Agreement: "The state agrees that, as a condition for any federal loan or grant, the state or the applicant shall evaluate the natural hazards in the areas in which the proceeds of the grant or loans are to be used and shall make appropriate recommendations to mitigate such hazards for federally assisted projects. The state further agrees: (1) to follow up with applicants, within state capabilities, to assure that as a condition for any grant or loan under the Act, appropriate hazard mitigation actions are taken, (2) to prepare and submit no later than - -~ (~ ( l -2- ~. ~ 180 days after the declaration to the Regional Director or Disaster Recovery Manager for concurrence a hazard mitigation plan or plans for the designated areas, and (3) to review and update as necessary disaster mitigation portions of the emergency plans." The regulations (44 CFR Part 205, Subpart M) call for the Regional Director and the Governor's Authorized Representative to each name a Hazard Mitiga tion Coordinator/Planner (HMC); the local applicant designates a local HMC. The HMC's form survey/planning teams, who: 1. Identify areas of significant hazards. 2. Visit sites of significant hazard and evaluate impacts. 3. Review and evaluate applicable land use regulations, construction standards and other hazard mitigation measures. 4. Identify areas of damage that would require reconstruction to the standards of the National Flood Insurance Program (NFIP), or to state or local regulation. 5. Review and evaluate existing emergency plans including warn1ng and evacuation plans. ( 6. Review and evaluate existing hazard mitigation plans. 7. Review other pertinent information such as urban renewal, rehabili- tation or master plans. 8. Identify and evaluate measures to mitigate the disaster impacts. 9. Recommend appropriate hazard mitigation measures. 10. Coordinate and take actions necessary to implement the recommenda- tions. Ultimately, the survey/planning team prepares a report on its activities and recommendations for submission to the Regional Director and the Gov- ernor's Authorized Representative. The State's hazard mitigation plan is prepared based on the survey/planning team report and recommendations. INTERAGENCY AGREEHENT FOR NONSTRUCTURAL FLOOD DAMAGE REDUCTION: Hazard mitigation under Section 406 includes planning and preparedness activities for disasters of all types. However, emphasis has been placed on flood disasters because 80% of all Presidentially declared disasters are due to flooding. The Office of Budget and Management directed FEMA to lead twelve key departments to develop an interagency agreement to establish common flood disaster planning and post flood recovery practices. ~ t ( l -3- The agreement, signed by the agencies in December 1980, established a RIX Interagency Hazard Mitigation Team (IHMT) and is lead by the FEMA Hazard Mitigation Officer. The team consis~ of representatives from the Departments of Agriculture, Army, Commerce, Health & Human Services, Education, Housing and Urban Development, Interior & Transportation, the Environmental Protec- tion Agency, Small Business Administration, the Tennessee Valley Authority and State and local representatives. ~ The IHMT is activated by the Regional Director after each Presidentially declared flood disaster and must prepare a Hazard Mitigation Report recommend- - _ing specific recovery actions to be taken by each federal agency and each non-federal level of government. The report is due within 15 days but may be extended to 30 days in large scale disasters. The work of the Section 406 survey/planning team is integrated with the IHMT. A Post Flood Recovery progress report is due 90 days from the receipt of the Hazard Mitigation Report. This report identifies implementation progress, describes problems or issues that have developed and recommends further action. EXECUTIVE ORDERS 11988 and 11990 Executive Order 11988, Floodplain Management (EO 11988) and Executive Order 11990, Protection of Wetlands (EO 11990) direct all federal agencies to avoid to the extent possible the long and short-term adverse impacts and to avoid direct and indirect support of floodplain and wetland development wherever there is a practicable alternative. The Orders apply to all agencies that: (1) acquire, manage, or dispose of federal lands and facilities, (2) undertake, finance, or assist construction and improvements, and (3) conduct activities and programs affecting land use, including planning, regulating, and licensing. Disaster assistance, authorized by PL 93-288, must comply with the order's requirements except that emergency work essential to save lives and property under Sections 305 and 306 is exempt from the requirements: EO 11988, Floodplain Management, requires that for all actions the agencies avoid the base floodplain, unless it is the only practicable alternative. If the base floodplain cannot be avoided, the agencies must adjust to it in order to: (1) reduce the hazard and the risk of flood loss; (2) minimize the impact of floods on human safety, health, and welfare; and (3) restore and preserve the natural and beneficial floodplain values. In addition, the agencies must evaluate, desig~, and implement all actions to meet the policies of the Order and notify the public if the head of an agency finds there is no practicable alternative. This will usually occur after there has been early notice to the public on plans and proposals and alternative courses of action. EO 11990, Protection of Wetlands, directs each agency to provide leadership and take action to minimize the destruction, loss or degradation of wetlands and to preserve and enhance the natural and beneficial values. Each agency shall also provide an opportunity for early public review. ( -4- ( The two Executive Orders are so similar that FEMA promulgated a common regulation to implement both orders (44 CFR Part 9). These regulations set out an eight-step decision making process to be followed in applying EO 11988 and 11990. The eight steps are: Step 1. Determine whether the proposed action is located in a wetland and/or the 100-year floodplain (500-year floodplain for critical actions), or whether it has the potential to affect or be affected by a floodplain or wetland; _Step 2. Notify the public at the earliest possible time of the intent to carry out an action in a floodplain or wetland, and involve the affected and interested public in the decision-making process; Step 3. Identify and evaluate practicable alternatives to locating the proposed action in a floodplain or wetland (including alternative sites, actions and the "no action" option). If a practicable alternative exists outside the floodplain or wetland, FEMA must locate the action at the alternative site; ( Step 4. Identify the full range of potential direct or indirect impacts associated with the occupancy or modification of floodplains and wetlands ( and the potential direct and indirect support of floodplain and wetlands development that could result from the proposed action; Step 5. Minimize the potential adverse impacts and support to or within floodplains and wetlands to be identified under Step 4, restore and preserve the natural and beneficial values served by floodplains, and preserve and enhance the natural and beneficial values served by wetlands; Step 6. Reevaluate the proposed action to determine first, if it 1S still practicable in light of its exposure to flood hazards, the extent to which it will aggravate the hazards to others, and its potential to disrupt floodplain and wetland values and second, if alternatives preliminarily rejected at Step 3 are practicable in light of the information gained in Steps 4 and 5, FEMA shall not act in a floodplain or wetland unless it is the only practicable location; Step 7. Prepare and provide the public with a finding and public explanation of any final decision that the floodplain or wetland is the only practicable alternative; and Step 8. Review the implementatio~ and post-implementation phases of the proposed action to ensure that the requirements of the Orders are fully implemented. Oversight responsibility shall be integrated into existing processes. l FE~A is responsible for carrying out the eight-step process and determining what type of mitigation is required. Under the Public Assistance Program the cost of implementing hazard mitigation measures is borne by the appli- cant. Hhen a project has a potential for hazard mitigation, the applicant will be informed and will have an opportunity to determine the appropriate mitigation measure. ~ ( , ( -5- SECTION 1362 Section 1362 of Public Law 90-488 (44 CFR part 77) authorizes FEMA to negotiate for the purchase, and subsequent transfer of flood damaged, improved real property to state or local governments. When deemed to be in the public interest, FEMA will enter into negotiation with property owners whose improved real property has been damaged by flooding, for the purpose of purchasing such buildings and associated land, when the follo~~ing conditions are met: 1. The property must be located in a flood-risk area. 2. The property must have been covered by a flood insurance policy under the National Flood Insurance Program at the time damage takes place. 3. The building, while covered by flood insurance under the National Flood Insurance Program, must have been damaged (I) substantially beyond repair, or (2) not less than three times during the preced- ing five year period, each time the cost of repair equalling 25% or more of the structure's value, or (3) from a single casualty of any nature so that a statute, ordinance or regulation precludes its repair or restoration or permits repair or restoration only at significantly increased cost. 4. The state or local government must agree by contract to take title to and manage the property in a manner consistent with principles of sound floodplain management. 5. In deeding the acquired property to a community, FEMA will withhold development rights through the inclusion of convenants in the deed, restricting, in perpetuity, the use of the property to open space or similar purposes. 6. Agreement to sell real completely voluntary. condemnation under any property on the part of the owners will he FEMA shall not acquire any real property by adjustment of eminent domain. The budget for the Section 1362 Program 1S very limited with $4.78 million appropriated for FY 1984 projects. Due to the limited funding, many qualified proiects are not funded.