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Mitigation Directorate

Mitigation Directorate. Severe Repetitive Loss (SRL) Pilot Program Training. Severe Repetitive Loss (SRL) Pilot Program Training. Introductions. FEMA Staff State Staff. Severe Repetitive Loss (SRL) Pilot Program Training. Lesson 1: SRL Program Introduction and Background

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Mitigation Directorate

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  1. Mitigation Directorate Severe Repetitive Loss (SRL) Pilot Program Training

  2. Severe Repetitive Loss (SRL)Pilot Program Training Introductions • FEMA Staff • State Staff Severe Repetitive Loss Pilot Program

  3. Severe Repetitive Loss (SRL)Pilot Program Training • Lesson 1: SRL Program Introduction and Background • Lesson 2: SRL Program Overview • Lesson 3: SRL Consultation Process • Lesson 4: SRL Application Process • Lesson 5: SRL Mitigation Offer Process • Lesson 6: SRL Appeal Process • Lesson 7: SRL Program Training and Outreach SRL Training Outline Severe Repetitive Loss Pilot Program

  4. Severe Repetitive Loss (SRL)Pilot Program Training Objectives • Objectives • Provide an introduction to the SRL program. • Highlight the uniqueness, process, and roles and responsibilities of the stakeholders involved. • SRL Binder Overview • Legislation • Regulation • Guidance • Training Materials • Tools Severe Repetitive Loss Pilot Program

  5. Severe Repetitive Loss (SRL)Pilot Program Training • Program Origination • Legislative Authority • Program Goals • Regulation/Guidance Program Introduction and Background Continued on Next Slide Severe Repetitive Loss Pilot Program

  6. Severe Repetitive Loss (SRL)Pilot Program Training SRL properties are residential properties that are covered under an NFIP flood insurance policy and: (a) That have at least four NFIP claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or (b) For which at least two separate claims payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building. Program Introduction and Background (Continued) • Definition of an SRL property Continued on Next Slide Severe Repetitive Loss Pilot Program

  7. Severe Repetitive Loss (SRL)Pilot Program Training Program Introduction and Background (Continued) • The definition of an SRL property dictates who can participate in the program SRL Program Eligibility Requirements Continued on Next Slide Severe Repetitive Loss Pilot Program

  8. Severe Repetitive Loss (SRL)Pilot Program Training Program Introduction and Background (Continued) Availability of Funds for FY 2006 and FY 2007 $7,414,628 $8,000,000 $64,585,372 Continued on Next Slide Severe Repetitive Loss Pilot Program

  9. Severe Repetitive Loss (SRL)Pilot Program Training SRL Properties as of September 30, 2007 Program Introduction and Background (Continued) 322 (5%) 6,664 (95%) Continued on Next Slide Severe Repetitive Loss Pilot Program

  10. Severe Repetitive Loss (SRL)Pilot Program Training Program Introduction and Background (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  11. Severe Repetitive Loss (SRL)Pilot Program Training • Program Implementation • Summary Program Introduction and Background (Continued) Severe Repetitive Loss Pilot Program

  12. Severe Repetitive Loss (SRL)Pilot Program Training SRL Program Overview Continued on Next Slide Severe Repetitive Loss Pilot Program

  13. Severe Repetitive Loss (SRL)Pilot Program Training • Eligible Applicants • Eligible Subapplicants • Eligibility Requirements • Homeowner • Applicant/Subapplicant • Voluntary Program at Applicant, Subapplicant, and Property Owner levels SRL Program Overview (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  14. Severe Repetitive Loss (SRL)Pilot Program Training • Plan Requirements • State Plan without Repetitive Loss Strategy (75% / 25%) • State Plan with Repetitive Loss Strategy (90% / 10%) • Local Plan with flood hazards addressed • Eligible Activities • Acquisition or Relocation; • Elevation / Mitigation Reconstruction; • Minor physical localized flood reduction projects; and • Dry Floodproofing (historic residential properties only). SRL Program Overview (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  15. Severe Repetitive Loss (SRL)Pilot Program Training SRL Program Overview (Continued) • Acquisition or Relocation • Acquisition of the structure and underlying real property for the purpose of: • Creating open space • Demolition or relocation of the structure • Conversion of the property to deed restricted open space uses in perpetuity • Applicants and Sub-applicants must comply with 44 CFR §206.434(e) and related guidance Continued on Next Slide Severe Repetitive Loss Pilot Program

  16. Severe Repetitive Loss (SRL)Pilot Program Training • Elevation/Mitigation Reconstruction • Traditional elevation • Raising of existing structures to at least the BFE, an ABFE, or higher. • Mitigation Reconstruction • Permitted when traditional elevation cannot be implemented. • Eligible costs are limited to $150,000 Federal share per property. • Must be completed to at least the BFE, ABFE, or higher. • Structures located in a regulatory floodway, V Zone, or within the mapped limit of the 1.5 foot breaking wave zone are not eligible for Mitigation Reconstruction. SRL Program Overview (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  17. Severe Repetitive Loss (SRL)Pilot Program Training • Minor/Physical Localized Flood Reduction Projects • Purpose is to lessen the frequency or severity of flooding and decrease predicted flood damages. • Must not duplicate the flood prevention activities of other Federal agencies. • At least 50 percent of the structures directly benefiting must be SRL properties. • These projects may include: • Installation or modification of culverts and floodgates • Creation of small retention and detention basins • Upgrades of culverts to bridges SRL Program Overview (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  18. Severe Repetitive Loss (SRL)Pilot Program Training • Dry Floodproofing (historic properties only) • Permissible only when other techniques would cause the structure to lose its status on (or eligibility for) the National Register of Historic Places. • Structures to be dry floodproofed must meet the definition of Historic Structure in 44 CFR § 59.1. • Floodproofing must be performed in accordance with NFIP Technical Bulletin 3-93 and 44 CFR Sections 60.3(b)(5) and (c)(4). SRL Program Overview (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  19. Severe Repetitive Loss (SRL)Pilot Program Training • Ineligible Activities include: • Mitigation plan development, update or amendment; • Major flood control projects; • Mitigation reconstruction located in a regulatory floodway or V Zone ; • Floodproofing of any residential structure that does not qualify as a historic residential property. • Summary SRL Program Overview (Continued) Severe Repetitive Loss Pilot Program

  20. Severe Repetitive Loss (SRL)Pilot Program Training Consultation Overview • Not a formal offer of mitigation assistance. • May involve more than one meeting. • Required notification and information gathering process. • The goals are to: • Notify the property owner of program requirements; • Collect technical property information; • Determine homeowner preferences for mitigating the property; and • Provide estimated costs. • The Subapplicant shall ensure that all necessary steps are taken to ensure the property owner is fully informed. SRL Consultation Process Continued on Next Slide Severe Repetitive Loss Pilot Program

  21. Severe Repetitive Loss (SRL)Pilot Program Training The Consultation Process • Subapplicant Preparation for the Consultation • Subapplicant Consultation with the Property Owner SRL Consultation Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  22. Severe Repetitive Loss (SRL)Pilot Program Training Consultation Process Required Information • Sub-applicant shall collect or verify from the property owner the following items: • Verify property information (address, name of property owner, etc.); • Collect contact information on all tenants; • Identify the preferred, appropriate, and eligible project activities; • Identify all historical information; • Identify all environmental considerations; SRL Consultation Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  23. Severe Repetitive Loss (SRL)Pilot Program Training Consultation Process Required Information (Continued) • Collect structural specific information; • Verify the current NFIP policy information (coverage and premium rate);  • Verify the repetitive loss history of the property; • Determine if the property owner relied upon FEMA flood insurance rate maps that were current at the time of purchase, but did not indicate that the property was located in a Special Flood Hazard Area; and • Obtain all information necessary for property acquisition if appropriate. SRL Consultation Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  24. Severe Repetitive Loss (SRL)Pilot Program Training Documentation of the Consultation Process • Pre-Award Consultation Agreement (see binder for Model documents) Outcomes of the Consultation Process • Property Owner signs the Consultation Agreement • Property Owner Does Not sign the Consultation Agreement (subapplicant may still submit subapplication) SRL Consultation Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  25. Severe Repetitive Loss (SRL)Pilot Program Training Summary • Not a formal offer of mitigation assistance. • Required notification and information gathering process. • Inform homeowner of insurance premium rate increase should they decline the Mitigation Offer. • Pre-Award Consultation Agreement must be completed at the end of the consultation process and included in the application. • Pre-Award Consultation Agreement may be used instead of the Sample Voluntary Intent to Participate form for acquisition projects. SRL Consultation Process (Continued) Severe Repetitive Loss Pilot Program

  26. Severe Repetitive Loss (SRL)Pilot Program Training Application Procedures for States and Federally-recognized Indian tribal governments • Applicants with target allocations • Applicants not eligible for a target allocation • Federally-recognized Indian tribal governments • Tribal government serving as the applicant Application Submission SRL Application Process eGrants Continued on Next Slide Severe Repetitive Loss Pilot Program

  27. Severe Repetitive Loss (SRL)Pilot Program Training Eligibility, Completeness, Technical Review, Ranking and Selection of Projects • Benefit Cost Analysis (BCA) • Feasibility and Effectiveness Requirement • Environmental and Historic Preservation • Ranking and Selection SRL Application Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  28. Severe Repetitive Loss (SRL)Pilot Program Training SRL Application Process (Continued) • Application Review Responsibilities (or, who reviews at each stage of the application process?) * Responsibility for Technical Review depends on chosen Mitigation Activity Type Continued on Next Slide Severe Repetitive Loss Pilot Program

  29. Severe Repetitive Loss (SRL)Pilot Program Training Summary • Applicants with target allocations can apply for SRL projects up to or in excess of their allocation. • Applicants not eligible for a target allocation can apply for SRL projects under the ten percent set-aside. • Applicants must use eGrants for application submission. • Applications are reviewed for Cost-Effectiveness and Engineering Feasibility and Effectiveness. SRL Application Process (Continued) Severe Repetitive Loss Pilot Program

  30. Severe Repetitive Loss (SRL)Pilot Program Training Mitigation Offer Process • Begins once FEMA has awarded the grant. • Mitigation Offer may involve an initial meeting (also follow-up, telephone, or mail if necessary). • Subgrantee will extend final Mitigation Offer to each property owner via Mitigation Offer Letter. • Property owner required to certify status as National of the United States or qualified alien (pre-event market value for acquisition). • Major Components of the Mitigation Offer (see binder for Model documents). SRL Mitigation Offer Process Continued on Next Slide Severe Repetitive Loss Pilot Program

  31. Severe Repetitive Loss (SRL)Pilot Program Training SRL Mitigation Offer Process (Continued) Mitigation Offer Timeframes Continued on Next Slide Severe Repetitive Loss Pilot Program

  32. Severe Repetitive Loss (SRL)Pilot Program Training Outcomes of the Mitigation Offer Process SRL Mitigation Offer Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  33. Severe Repetitive Loss (SRL)Pilot Program Training Summary • Mitigation Offer may involve an initial meeting (also follow-up, telephone, or mail if necessary). • The property owner will have 45 days to sign and return the Mitigation Offer Letter, if the letter is not returned within 45 days, it is considered a refusal. • A Property Owner declining a mitigation offer of assistance may experience an increase in the flood insurance premium rates that will more accurately reflect the risk to that property. • Any mitigation offer made under the SRL program remains open and available to the property owner subject to the availability of funds. SRL Mitigation Offer Process (Continued) Severe Repetitive Loss Pilot Program

  34. Severe Repetitive Loss (SRL)Pilot Program Training Overview • Property Owners notified of increased flood insurance premium rates may appeal based on six statutorily-permitted grounds for appeal. • Property Owners have the right to withdraw appeal and sign the Mitigation Offer Letter at any time during appeal process. Request for Appeal • Property owner’s request for appeal must be submitted to the appropriate FEMA Regional Administrator within 90 calendar days of the date of the Notice of NFIP Insurance Premium Rate Increase sent by NFIP. SRL Appeal Process Continued on Next Slide Severe Repetitive Loss Pilot Program

  35. Severe Repetitive Loss (SRL)Pilot Program Training Grounds for Appeal • Appeal must be one of the six statutorily-outlined grounds for appeal. • No other grounds will be considered by the Independent Third Party (ITP) or Alternative Dispute Resolution (ADR) representative. • Six Grounds of Appeal (Appeals relating to…) • Inability to purchase replacement property. • Insufficient funding for acquisition, relocation, elevation, mitigation reconstruction and flood-proofing for historic properties. • Diminishing integrity of historic properties. • Third party violations affecting multi-family properties. • Reliance on FIRM current at the time of purchase. • Cost effectiveness of alternative project. SRL Appeal Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  36. Severe Repetitive Loss (SRL)Pilot Program Training Steps of an Appeal to FEMA: • Initial Review of Appeal by Regional Administrator • Stay of Increased Insurance Premium Rate Pending Appeal • Detailed Review by Regional Administrator • Appeal to Independent Third Party • Conduct Hearing • Subject Matter or Technical Experts • Decision SRL Appeal Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  37. Severe Repetitive Loss (SRL)Pilot Program Training SRL Appeal Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  38. Severe Repetitive Loss (SRL)Pilot Program Training Outcomes of Appeal • Property Owner prevails with valid appeal (ITP costs paid by FEMA) • Property Owner’s appeal found not valid (ITP costs paid by Property Owner) SRL Appeal Process (Continued) Continued on Next Slide Severe Repetitive Loss Pilot Program

  39. Severe Repetitive Loss (SRL)Pilot Program Training Summary • Property owner has the right to appeal. • Property owner’s request for appeal must be submitted to the appropriate FEMA Regional Administrator within 90 calendar days of the date of the Notice of NFIP Insurance Premium Rate Increase sent by NFIP. • Appeal must be one of the six statutorily-outlined grounds for appeal. • No other grounds will be considered by the Independent Third Party (ITP) or Alternative Dispute Resolution (ADR) representative. • Property Owners have the right to withdraw appeal and sign the Mitigation Offer Letter at any time during appeal process. SRL Appeal Process (Continued) Severe Repetitive Loss Pilot Program

  40. Deploy Training and Outreach teams composed of Headquarters and Regional staff. Advertise the program using other programs' materials and pipelines (delivery systems). Severe Repetitive Loss (SRL)Pilot Program Training SRL Program Outreach, Implementation, and Training Continued on Next Slide Severe Repetitive Loss Pilot Program

  41. Ongoing technical assistance will be provided on an as-needed basis. eGrants Engineering feasibility Benefit-Cost Analysis (BCA) Environmental/Historic Preservation Project technical assistance help lines Mitigation Plan Review (90 / 10) SRL Help Line National Flood Mitigation Data Collection Tool (FEMA 497 CD / May 2005) Selecting Appropriate Measures for Floodprone Structures (FEMA 551 and FEMA 551-CD / March 2007) NextGen Web site: http://www.nfipnextgen.com Severe Repetitive Loss (SRL)Pilot Program Training SRL Program Outreach, Implementation, and Training (Continued) Severe Repetitive Loss Pilot Program

  42. Mitigation Directorate Questions?

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