State/Tribe/Territory Application Period for FEMA Flood Mitigation Assistance and BRIC Grants To Run September 30, 2021 - January 28, 2022

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On August 9, 2021, the Federal Emergency Management Agency (FEMA) issued a Notice of Funding Opportunity (NOFO) for FY21's Hazard Mitigation Assistance (HMA) grants under the Flood Mitigation Assistance (FMA) and Building Resilient Infrastructure and Communities (BRIC) programs. FEMA's application period will open September 30, 2021 and close January 28, 2022.

Up to $160 million in FMA grants are available to states, territories, and tribes as applicants. Local governments may participate as subapplicants by submitting applications to applicants. Eligible uses include the development of flood mitigation projects to reduce NFIP claims; projects to reduce community flood risk; technical assistance; flood hazard mitigation planning; and individual flood mitigation projects. Projects to mitigate the risk of individual NFIP-insured structures will be selected on a competitive basis, prioritizing severe repetitive loss properties and assistance that benefits disadvantaged communities as referenced in Executive Order 14008. Interested subapplicants must be participating in the NFIP and have a FEMA-approved Hazard Mitigation Plan.

Up to $1 billion in BRIC grants are available to states, territories, and tribes in allocations and set- asides and for subapplications selected in a national competition. Each subapplication may be funded up to $50 million and there is no limit to the number of subapplications that may be submitted by a particular jurisdiction. While eligibility is limited to those applicants that have received a major disaster declaration under the Stafford Act in the last seven years, due to the COVID-19 pandemic, all states, territories, and tribes meet this requirement for FY21. Eligible uses include capability- and capacity-building activities (activities that enhance the knowledge, skills, and expertise of the current workforce to expand or improve the administration of mitigation assistance, including building codes, partnerships, project scoping, and mitigation planning and planning-related activities); cost-effective mitigation projects designed to increase resilience and public safety, reduce injuries and loss of life, and reduce damage and destruction to property, critical services, facilities, and infrastructure from natural hazards; and management costs associated with a specific mitigation project or capability- and capacity-building activity.

The September 30, 2021 to January 28, 2022 submission period applies to applications filed with FEMA by the 50 states, U.S. territories, federally recognized tribal governments, and the District of Columbia. The application includes projects submitted by subapplicants (local governments, Tribal Governments, State Agencies and Tribal Agencies). Accordingly, subapplicants should check with their applicant to identify the applicant's deadlines for subapplications. Private non-profit entities may only participate in partnership with an eligible applicant or subapplicant.

The NOFO for the FMA grant program is available here. The NOFO for the BRIC grant program is available here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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