cfr_sections
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11 rows where part_number = 80 and title_number = 44 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 44:44:1.0.1.2.44.1.10.1 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | A | Subpart A—General | § 80.1 Purpose and scope. | FEMA | This part provides guidance on the administration of FEMA mitigation assistance for projects to acquire property for open space purposes under all FEMA hazard mitigation assistance programs. It provides information on the eligibility and procedures for implementing projects for acquisition and relocation of at-risk properties from the hazard area to maintain the property for open space purposes. This part applies to property acquisition for open space project awards made under any FEMA hazard mitigation assistance program. This part supplements general program requirements of the funding grant program and must be read in conjunction with the relevant program regulations and guidance available at http://www.fema.gov. This part, with the exception of § 80.19 Land use and oversight, applies to projects for which the funding program application period opens or for which funding is made available pursuant to a major disaster declared on or after December 3, 2007. Prior to that date, applicable program regulations and guidance in effect for the funding program (available at http://www.fema.gov ) shall apply. Section 80.19 Land use and oversight apply as of December 3, 2007 to all FEMA funded acquisitions for the purpose of open space. | ||||
| 44:44:1.0.1.2.44.1.10.2 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | A | Subpart A—General | § 80.3 Definitions. | FEMA | [86 FR 50670, Sept. 10, 2021] | (a) Except as noted in this part, the definitions applicable to the funding program apply to implementation of this part. In addition, for purposes of this part: (b) Applicant means a State or Indian Tribal government applying to FEMA for a Federal award that will be accountable for the use of funds. Once funds have been awarded, the applicant becomes the recipient and may also be a pass-through entity. (c) Federal award means the Federal financial assistance that a recipient or subrecipient receives directly from FEMA or indirectly from a pass-through entity. The terms “award” and “grant” may also be used to describe a “Federal award” under this part. (d) Market Value means the price that the seller is willing to accept and a buyer is willing to pay on the open market and in an arm's length transaction. (e) National of the United States means a person within the meaning of the term as defined in the Immigration and Nationality Act, 8 U.S.C. 1101(a)(22). (f) Pass-through entity means a recipient that provides a subaward to a subrecipient. (g) Purchase offer is the initial value assigned to the property, which is later adjusted by applicable additions and deductions, resulting in a final offer amount to a property owner. (h) Qualified alien means a person within the meaning of the term as defined at 8 U.S.C. 1641. (i) Qualified conservation organization means a qualified organization with a conservation purpose pursuant to 26 CFR 1.170A-14 and applicable implementing regulations, that is such an organization at the time it acquires the property interest and that was such an organization at the time of the major disaster declaration, or for at least 2 years prior to the opening of the grant application period. (j) Recipient means the State or Tribal government that receives a Federal award directly from FEMA. A recipient may also be a pass-through entity. The term recipient does not include subrecipients. (k) Subapplicant means the entity that submits an application for FEMA mitigation… | |||
| 44:44:1.0.1.2.44.1.10.3 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | A | Subpart A—General | § 80.5 Roles and responsibilities. | FEMA | [72 FR 61743, Oct. 31, 2007, as amended at 81 FR 56533, Aug. 22, 2016; 86 FR 50671, Sept. 10, 2021] | The roles and responsibilities of FEMA, the State, the subapplicant/subrecipient, and participating property owners in the particular context of mitigation projects for the purpose of creating open space include the activities in this section. These are in addition to grants management roles and responsibilities identified in regulations and guidance of the program funding the project (available at http://www.fema.gov ) and other responsibilities specified in this part. (a) Federal roles and responsibilities. Oversee property acquisition activities undertaken under FEMA mitigation grant programs, including: (1) Providing technical assistance to the applicant/recipient to assist in implementing project activities in compliance with this part; (2) Reviewing applications for eligibility and compliance with this part; (3) Reviewing proposals for subsequent transfer of a property interest and approving appropriate transferees; (4) Making determinations on the compatibility of proposed uses with the open space purpose, in accordance with § 80.19; (5) Complying with applicable Federal statutory, regulatory, and Executive Order requirements related to environmental and historic preservation compliance, including reviewing and supplementing, if necessary, environmental analyses conducted by the State and subrecipient in accordance with applicable laws, regulations, and agency policy; (6) Providing no Federal disaster assistance, flood insurance claims payments, or other FEMA assistance with respect to the property or any open-space related improvements, after the property interest transfers; and (7) Enforcing the requirements of this part and the deed restrictions to ensure that the property remains in open space use in perpetuity. (b) State (applicant/recipient) roles and responsibilities. Serve as the point of contact for all property acquisition activities by coordinating with the subapplicant/subrecipient and with FEMA to ensure that the project is implemented in compliance with this part, including: (1… | |||
| 44:44:1.0.1.2.44.2.10.1 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | B | Subpart B—Requirements Prior to Award | § 80.7 General. | FEMA | A project involving property acquisition or the relocation of structures for open space is eligible for hazard mitigation assistance only if the subapplicant meets the pre-award requirements set forth in this subpart. A project may not be framed in a manner that has the effect of circumventing the requirements of this subpart. | ||||
| 44:44:1.0.1.2.44.2.10.2 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | B | Subpart B—Requirements Prior to Award | § 80.9 Eligible and ineligible costs. | FEMA | [72 FR 61743, Oct. 31, 2007, as amended at 86 FR 50671, Sept. 10, 2021] | (a) Allowable costs. Eligible project costs may include compensation for the value of structures, for their relocation or demolition, for associated land, and associated costs. For land that is already held by an eligible entity, compensation for the land is not an allowable cost, but compensation for development rights may be allowable. (b) Pre-award costs. FEMA may fund eligible pre-award project costs at its discretion and as funds are available. Recipients and subrecipients may be reimbursed for eligible pre-award costs for activities directly related to the development of the project proposal. These costs can only be incurred during the open application period of the respective grant program. Costs associated with implementation of the project but incurred prior to grant award are not eligible. Therefore, activities where implementation is initiated or completed prior to award are not eligible and will not be reimbursed. (c) Duplication of benefits. Grant funds may not duplicate benefits received by or available to applicants, subapplicants and other project participants from insurance, other assistance programs, legal awards, or any other source to address the same purpose. Such individual or entity must notify the subapplicant and FEMA of all benefits that it receives, anticipates, or has available from other sources for the same purpose. FEMA will reduce the subaward by the amounts available for the same purpose from another source. (d) Negligence or other tortious conduct. FEMA acquisition funds are not available where an applicant, subapplicant, other project participant, or third party's negligence or intentional actions contributed to the conditions to be mitigated. If the applicant, subapplicant, or project participant suspects negligence or other tortious conduct by a third party for causing such condition, they are responsible for taking all reasonable steps to recover all costs attributable to the tortious conduct of the third party. FEMA generally considers such amounts to be duplicate… | |||
| 44:44:1.0.1.2.44.2.10.3 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | B | Subpart B—Requirements Prior to Award | § 80.11 Project eligibility. | FEMA | [72 FR 61743, Oct. 31, 2007, as amended at 74 FR 47481, Sept. 16, 2009; 86 FR 50671, Sept. 10, 2021] | (a) Voluntary participation. Eligible acquisition projects are those where the property owner participates voluntarily, and the recipient/subrecipient will not use its eminent domain authority to acquire the property for the open space purposes should negotiations fail. (b) Acquisition of improved properties. Eligible properties are those with at-risk structures on the property, including those that are damaged or destroyed due to an event. In some cases, undeveloped, at-risk land adjacent to an eligible property with existing structures may be eligible. (c) Subdivision restrictions. The land may not be subdivided prior to acquisition except for portions outside the identified hazard area, such as the Special Flood Hazard Area or any risk zone identified by FEMA. (d) Subapplicant property interest. To be eligible, the subapplicant must acquire or retain fee title (full property interest), except for encumbrances FEMA determines are compatible with open space uses, as part of the project implementation. A pass through of funds from an eligible entity to an ineligible entity must not occur. (e) Hazardous materials. Eligible properties include only those that are not contaminated with hazardous materials, except for incidental demolition and household hazardous waste. (f) Open space restrictions. Property acquired or from which a structure is removed must be dedicated to and maintained as open space in perpetuity consistent with this part. | |||
| 44:44:1.0.1.2.44.2.10.4 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | B | Subpart B—Requirements Prior to Award | § 80.13 Application information. | FEMA | [72 FR 61743, Oct. 31, 2007, as amended at 74 FR 47481, Sept. 16, 2009; 86 FR 50671, Sept. 10, 2021] | (a) An application for acquisition of property for the purpose of open space must include: (1) A photograph that represents the appearance of each property site at the time of application; (2) Assurances that the subapplicant will implement the project grant award in compliance with subparts C and D of this part; (3) The deed restriction language, which must be consistent with the FEMA model deed restriction that the local government will record with the property deeds. Any variation from the model deed restriction language can only be made with prior approval from FEMA's Office of Chief Counsel; (4) The documentation of voluntary interest signed by each property owner, which must include that the subapplicant has informed them in writing that it will not use its eminent domain authority for the open space purpose; and (5) Assurance that the subject property is not part of an intended, planned, or designated project area for which the land is to be acquired by a certain date, and that local and State governments have no intention to use the property for any public or private facility in the future inconsistent with this part; (6) If the subapplicant is offering pre-event value: the property owner's certification that the property owner is a National of the United States or qualified alien; and (7) Other information as determined by the Administrator. (b) Consultation regarding other ongoing Federal activities. (1) The subapplicant must demonstrate that it has consulted with the United States Army Corps of Engineers (USACE) regarding the subject land's potential future use for the construction of a levee system. The subapplicant must also demonstrate that it has, and will, reject any future consideration of such use if it accepts FEMA assistance to convert the property to permanent open space. (2) The subapplicant must demonstrate that it has coordinated with its State Department of Transportation to ensure that no future, planned modifications, improvements, or enhancements to Federal aid systems are u… | |||
| 44:44:1.0.1.2.44.3.10.1 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | C | Subpart C—Post-Award Requirements | § 80.15 General. | FEMA | A project involving property acquisition or the relocation of structures for open space must be implemented consistent with the requirements set forth in this subpart. | ||||
| 44:44:1.0.1.2.44.3.10.2 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | C | Subpart C—Post-Award Requirements | § 80.17 Project implementation. | FEMA | [86 FR 50671, Sept. 10, 2021] | (a) Hazardous materials. The subrecipient must take steps to ensure it does not acquire or include in the project properties contaminated with hazardous materials by seeking information from property owners and from other sources on the use and presence of contaminants affecting the property from owners of properties that are or were industrial or commercial, or adjacent to such. A contaminated property must be certified clean prior to participation. This excludes permitted disposal of incidental demolition and household hazardous wastes. FEMA mitigation grant funds may not be used for clean up or remediation of contaminated properties. (b) Clear title. The subrecipient will obtain a title insurance policy demonstrating that fee title conveys to the subrecipient for each property to ensure that it acquires only a property with clear title. The property interest generally must transfer by a general warranty deed. Any incompatible easements or other encumbrances to the property must be extinguished before acquisition. (c) Purchase offer and supplemental payments. (1) The amount of purchase offer is the current market value of the property or the market value of the property immediately before the relevant event affecting the property (“pre-event”). (i) The relevant event for Robert T. Stafford Disaster Relief and Emergency Assistance Act assistance under HMGP is the major disaster under which funds are available; for assistance under the Pre-disaster Mitigation program (PDM) (42 U.S.C. 5133), it is the most recent major disaster. Where multiple disasters have affected the same property, the recipient and subrecipient will determine which is the relevant event. (ii) The relevant event for assistance under the National Flood Insurance Act is the most recent event resulting in a National Flood Insurance Program (NFIP) claim of at least $5,000. (2) The recipient should coordinate with the subrecipient in their determination of whether the valuation should be based on pre-event or current market value. Genera… | |||
| 44:44:1.0.1.2.44.3.10.3 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | C | Subpart C—Post-Award Requirements | § 80.19 Land use and oversight. | FEMA | [73 FR 61743, Oct. 31, 2007, as amended at 86 FR 50672, Sept. 10, 2021] | This section applies to acquisitions for open space projects to address flood hazards. If the Administrator determines to mitigate in other circumstances, he/she will adapt the provisions of this section as appropriate. (a) Open space requirements. The property must be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. (1) These uses may include: Parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses FEMA determines compatible with this part. (i) Allowable uses generally do not include: Walled buildings, levees, dikes, or floodwalls, paved roads, highways, bridges, cemeteries, landfills, storage of any hazardous or toxic materials, above or below ground pumping and switching stations, above or below ground storage tanks, paved parking, off-site fill or other uses that obstruct the natural and beneficial functions of the floodplain. (ii) In the rare circumstances where the Administrator has determined competing Federal interests were unavoidable and has analyzed floodplain impacts for compliance with § 60.3 of this subchapter or higher standards, the Administrator may find only USACE projects recognized by FEMA in 2000 and improvements to pre-existing Federal-aid transportation systems to be allowable uses. (2) No new structures or improvements will be built on the property except as indicated below: (i) A public facility that is open on all sides and functionally related to a designated open space or recreational use; (ii) A public restroom; or (iii) A structure that is compatible with open space and conserves the natural function of the floodplain, which the Administrator approves in writing before the construction of the structure begins. (3) Any improvements on the property must be in accordance with proper floodplain management policies and practices. S… | |||
| 44:44:1.0.1.2.44.4.10.1 | 44 | Emergency Management and Assistance | I | B | 80 | PART 80—PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE | D | Subpart D—After the Grant Requirements | § 80.21 Closeout requirements. | FEMA | [73 FR 61743, Oct. 31, 2007, as amended at 86 FR 50672, Sept. 10, 2021] | Upon closeout of the grant, the subrecipient, through the recipient, must provide FEMA, with the following: (a) A copy of the deed recorded for each property, demonstrating that each property approved in the original application was mitigated and that the deed restrictions recorded are consistent with the FEMA model deed restriction language to meet the requirements of this part; (b) A photo of each property site after project completion; (c) The latitude-longitude coordinates of each property site; (d) Identification of each property as a repetitive loss structure, if applicable; and (e) Other information as determined by the Administrator. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);