83 FR 8493 - Agency Information Collection Activities: Proposed Collection; Comment Request; Property Acquisition and Relocation for Open Space

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 39 (February 27, 2018)

The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a reinstatement, with change, of a previously approved information collection for which approval has expired. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the property acquisition and relocation for open space process as part of the administration of FEMA's mitigation grant programs, post-award monitoring requirements and a direct grant to property owners for acquisition and demolition of severe repetitive loss structures.

[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8493-8495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03949]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0006; OMB No. 1660-0103]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Property Acquisition and Relocation for Open Space

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice 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 and other Federal agencies to take this opportunity 
to comment on a reinstatement, with change, of a previously approved 
information collection for which approval has expired. In accordance 
with the Paperwork Reduction Act of 1995, this notice seeks comments 
concerning the property acquisition and relocation for open space 
process as part of the administration of FEMA's mitigation grant 
programs, post-award monitoring requirements and a direct grant to 
property owners for acquisition and demolition of severe repetitive 
loss structures.

DATES: Comments must be submitted on or before April 30, 2018.

ADDRESSES: To avoid duplicate submissions to the docket, please use 
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID 
FEMA-2018-0006. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of 
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    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 Act 
notice that is available via the link in the footer of 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jennie Orenstein, Grants Policy Branch

[[Page 8494]]

Chief, FIMA, FEMA, (202) 212-4071. You may contact the Records 
Management Division for copies of the proposed collection of 
information at email address: [email protected].

SUPPLEMENTARY INFORMATION: Regulations implementing property 
acquisition and relocation for open space are codified at 44 CFR part 
80. These regulations govern property acquisitions for the creation of 
open space under FEMA's three hazard mitigation assistance (HMA) grant 
programs: the Pre-Disaster Mitigation program (PDM) and Hazard 
Mitigation Grant Program (HMGP), which are authorized under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 
42 U.S.C. 5121-5207; and the Flood Mitigation Assistance Program (FMA) 
authorized under the National Flood Insurance Act (NFIA) of 1968, as 
amended, 42 U.S.C. 4001 et seq. Acquisition and relocation of property 
for open space use is one of the most common mitigation activities and 
is an eligible activity type authorized for Federal grant funds under 
PDM, HMGP, and FMA. These programs require all properties acquired with 
FEMA funds to be deed restricted and maintained as open space in 
perpetuity. This ensures that no future risks from hazards occur to 
life or structures on that property, and no future disaster assistance 
or insurance payments are made as a result of damages to that property.
    This reinstatement, with change, of a previously approved 
information collection for which approval has expired is necessary to 
establish uniform requirements for State, Tribal and local 
implementation of acquisition activities, and to enforce open space 
maintenance and post-award monitoring requirements for properties 
acquired with FEMA mitigation grant funds. The original collection had 
one form. This collection includes seven additional forms to identify 
an applicant's identity and address close-out and post-award monitoring 
requirements and allow grants to be made directly to property owners. 
This collection consists of a total of eight forms.
    First, the reinstatement updates the existing form in the 
collection, 086-0-31, Statement of Voluntary Participation for 
Acquisition of Property for Purpose of Open Space, to use appropriate 
terminology references found in 2 CFR part 200 Uniform Administrative 
Requirements, Cost Principles and Audit Requirements for Federal 
Awards.
    Second, the collection adds Declaration and Release 
(Declaraci[oacute]n Y Autorizaci[oacute]n), 009-0-3 (English) and 009-
0-4 (Spanish) (O.M.B. No. 1660-0002) to determine eligibility and 
verify an applicant's identity and to prevent a duplication of 
benefits. Third, Subrecipients are required to submit a completed copy 
of the Real Property Status Report, SF-429 (O.M.B. No. 4040-0016), with 
closeout documentation for all real property purchased with grant 
funds. Fourth, the collection adds forms to address post-award 
monitoring requirements. When the State, Tribe or local community, 
i.e., the recipient or subrecipient, acquires the property from the 
property owner, they must regularly monitor and report to FEMA that the 
property is in compliance with the open space deed restrictions and 
grant terms. Every three years the subrecipient, through the recipient, 
must submit to FEMA a report certifying that the subrecipient has 
inspected the property within the month preceding the report and that 
the property continues to be maintained consistent with open space 
requirements. FEMA is updating the collection to include three two 
post-award monitoring forms (086-0-35a (Pages 10-11)), NFIP Repetitive 
Loss Update Worksheet (O.M.B No. 1660-0022), and SF-429, Real Property 
Status Report (O.M.B. No. 4040-0016).
    Finally, this update allows FEMA to obtain information directly 
from property owners to enable FEMA to determine a property owner's 
eligibility for, and interest in, receiving a direct grant. Following 
the award, the information enables FEMA to monitor and enforce the 
grant terms to ensure the property is maintained consistent with the 
appropriate land use or open space deed restrictions. The NFIA, 42 
U.S.C. 4104c, authorizes the Director of FEMA to carry out a mitigation 
assistance program (FMA) that provides financial assistance in the form 
of grants to States, Tribes, and communities, and in the form of direct 
grants to property owners, using amounts made available from the 
National Flood Insurance Fund for planning and carrying out mitigation 
activities designed to reduce flood damages to structures with flood 
insurance under 42 U.S.C. 4001 et seq. In addition to the FMA grants 
FEMA makes available to states and local governments, FEMA is 
exercising its statutory authority under 42 U.S.C. 4104c to provide 
direct grants to property owners for acquisition and demolition of 
severe repetitive loss structures to reduce future flood damages and 
flood insurance payments. These direct grants to property owners, 
entitled Severe Risk Property Acquisition (SRPA) grants, enable 
property owners to carry out mitigation activities, i.e., acquisition, 
that reduce flood damage to individual structures for which two or more 
claim payments for losses have been made under National Flood Insurance 
Program (NFIP) coverage that equal or exceed the value of the insured 
structure.
    With a SRPA grant, property owners have the option to retain their 
property after demolition or to voluntarily sell their property to a 
local government or qualifying organization. If the property owner 
retains the land after demolition, the property must be deed restricted 
and maintained consistent with sound land management practices. This 
ensures a reduction in flood damages on that property, limits future 
disaster assistance provided, and ideally, eliminates or decreases the 
insurance payments made as a result of damages to that property. If the 
property owner chooses to sell the property, the local government or 
qualifying organization must deed restrict the land in perpetuity for 
compatible uses of open space. To implement SRPA grants, FEMA needs to 
collect information associated with SRPA grants from property owners to 
process applications and ensure compliance with the terms and 
conditions of the grants and applicable law and regulations. FEMA is 
revising the collection to add three new forms for that purpose (086-0-
31a, Intent to Participate, 086-0-31b, Notice of Voluntary Interest and 
Property Survey; 086-0-31c, Severe Risk Property Acquisition Mitigation 
Offer).

Collection of Information

    Title: Property Acquisition and Relocation for Open Space.
    Type of Information Collection: Reinstatement, with change, of a 
previously approved information collection for which approval has 
expired.
    OMB Number: 1660-0103.
    FEMA Forms: FEMA Form 086-0-31, Statement of Voluntary 
Participation for Acquisition of Property for Purpose of Open Space; 
086-0-31a, Intent to Participate, 086-0-31b, Notice of Voluntary 
Interest and Property Survey; 086-0-31c, Severe Risk Property 
Acquisition Mitigation Offer; 009-0-3 (English) and 009-0-4 (Spanish), 
Declaration and Release, (O.M.B. No. 1660-0002); 086-0-35a (Pages 9-
10), NFIP Repetitive Loss Update Worksheet (O.M.B No. 1660-0022); SF-
429, Real Property Status Report (O.M.B. No. 4040-0016).
    Abstract: FEMA, State, Tribal, local and individual recipients of 
FEMA mitigation grant programs will use the

[[Page 8495]]

information collected to meet the property acquisition requirements to 
implement acquisition activities under the terms of grant agreements 
for acquisition and relocation activities, ensure compliance with 
applicable law and regulations, and enforce the open space requirements 
for all properties acquired with FEMA mitigation grants.
    Affected Public: State, local or Tribal Government; Individuals or 
Households.
    Estimated Number of Respondents: 8,334.
    Estimated Number of Responses: 10,655.
    Estimated Total Annual Burden Hours: 13,020 hours.
    Estimated Total Annual Respondent Cost: The estimated annual cost 
to respondents for the hour burden is $559,768.
    Estimated Respondents' Operation and Maintenance Costs: There are 
no annual costs to respondents' operations and maintenance costs for 
technical services.
    Estimated Respondents' Capital and Start-Up Costs: There is no 
annual start-up or capital costs.
    Estimated Total Annual Cost to the Federal Government: The cost to 
the Federal Government is $991,514.

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.

    Dated: February 21, 2018.
William H. Holzerland,
Senior Director for Information Management, Office of the Chief 
Administrative Officer, Mission Support, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 2018-03949 Filed 2-26-18; 8:45 am]
 BILLING CODE 9111-47-P