Disaster 2000 - Recovery and Mitigation 101
Presenter: Frank J. Reddish
Miami-Dade County Office of Emergency Management
Hazard Mitigation Measures Types of Assistance and Authorities Information Sources
Hazard Mitigation as defined in Title 44 of the Code of Federal Regulations is: Any action taken to reduce or eliminate the long-term risk to human life and property from natural hazards. The most basic hazard mitigation programs are those that are an integral part of the Stafford Act and are usually referred to by their Act section numbers, namely section 404 and 406. Both of these programs are funded as the result of a Presidential Disaster Declaration.
Section 406 mitigation measures are those measure which are included during repair, rehabilitation or replacement of a facility that has been damaged as a result of the declared event. At present, these measures are implemented by FEMA in one of three different ways.
There is a distinct difference between hazard mitigation and compliance with codes and standards. When a PW is properly prepared all work will be "to current codes, specifications and standards using modern methods and materials" prior to applying hazard mitigation measures.
There is one further note on Section 406 mitigation. Mitigation measures must conform to 44 CFR part 9, floodplain management and protection of wetlands and 44 CFR part 10, environmental considerations. Therefore, some, if not all, mitigation measures may require an environmental assessment prior to commencing with the work and, failure to perform the environmental assessment may make the project ineligible for funding.
Section 404 mitigation is also known as the Hazard Mitigation Grant Program (HMGP) and differs from Section 406 in that Section 404 applies to those facilities that were not damaged by the declared event. A good rule of thumb is that if there is a project worksheet used to fund the project, it’s 406; if not, it’s 404. Total expenditures under Section 404 are currently limited to 15% of the estimated aggregate amount funded for a particular disaster. Applicant eligibility is similar to that of other FEMA public assistance programs. There are limitations and restrictions on the types of projects funded under the HMGP so potential applicants should read 44 CFR part 206, subpart N to familiarize themselves with what constitutes an eligible project.
The Local Mitigation Strategy (LMS) is a program to unite the various parts of a community, both the private and public sectors, to develop a unified methodology of hazard mitigation that is tailored to the conditions in that particular community. It involves development of a critical facilities inventory, hazard identification, vulnerability assessment and risk analysis and recommends a strategic plan of mitigation and the development of specific mitigation projects and methods to fund these projects. Recently, many state and federal grants require or give preferential treatment to projects that are included in the Local Mitigation Strategy.
Project Impact is a FEMA sponsored initiative to build disaster resistant communities throughout the United States. It challenges communities to undertake actions that protect families, businesses and public facilities by reducing the effects of natural disasters. In Florida, Deerfield Beach was the first Project Impact community followed last year by Pensacola. A complete list of Project Impact cities throughout the United States may be found at FEMA’s Internet site (www.fema.gov).
Other hazard mitigation programs include:
The Residential Construction Mitigation Program provides technical and financial resources to homeowners who want to retrofit their homes to better withstand devastating winds.
The Fannie Mae Foundation offers 10-year loans up to $20,000 at prevailing mortgage rates to allow homeowners and renters to specific disaster prevention home improvements such as adding storm shutters, strengthening a roof or adding a safe room.
The Homeowner’s Incentive Team represents a partnership of key industries and agencies – from both the public and private sectors – that have a stake in housing, community welfare and loss reduction.
The Florida Alliance for Safe Homes (FLASH) is a partnership of the insurance industry, state and federal government agencies and national not-for-profit groups such as the American Red Cross, Florida DCA, FEMA and the Institute for Business & Home Safety. FLASH provides a web site and toll free information line to help prepare for hurricane season. This program has been developed in other states under different names.
The National Flood Insurance Program (NFIP) represents an agreement between a local community and the federal government. Once a community develops a floodplain management plan FEMA, through the NFIP makes flood insurance available within that community.
The Flood Mitigation Assistance Program (FMA) is a federal grant program with the goal of funding cost-effective measures that reduce or eliminate the long-term risk of flood damage to properties insurable under the NFIP (see above). Two types of grants are awarded: Planning grants to assist in the development of flood mitigation plans and project grants which are awarded to state and local governments to implement flood mitigation projects.
The Community Development Block Grant – Small Cities Program (CDBG) is a program designed for cities with populations under 50,000 or counties with populations under 200,000 in unincorporated areas. Funds are provided to improve local housing, streets, utilities and public facilities.
The Emergency Management Preparedness and Assistance Trust Fund (EMPA) receives its funds from a surcharge of $2 per homeowner and $4 per business owner collected by the insurance companies. The money is dedicated to state, count and municipal emergency management programs. Developed in Florida, this program could work in others states as well.
The Florida Warning and Information Network (FWIN) was developed in 1998 to promote better advance warning of tornadoes or other natural weather disaster. The program distributes NOAA Weather Radios to schools and senior citizens centers, funds construction of shelters at mobile home parks, promotes "safe rooms" in houses and similar protective measures.
It should be noted that Florida is, many times, a test site for the development of various emergency management programs and a number of the above mentioned programs appear to be "Florida" programs only. Most of these measures either have or will be enacted in other states as well. Hazard mitigation is a growing field and new programs will constantly develop as new methods and technologies appear. Stay tuned!
Contact:
Frank J. Reddish
Emergency Management Coordinator
Miami-Dade Office of Emergency Management
5600 S.W. 87th Avenue
Miami, FL 33173
(305) 273-6702; Fax-(305) 273-6708
mailto:reddish@co.miami-dade.fl.us
Types of Assistance and Authorities
Whenever a natural disaster occurs the affected community may be overwhelmed by the circumstances and will turn to the federal government for assistance. That assistance is usually provided by the Federal Emergency Management Agency (FEMA) as lead agency and is channeled through a state’s equivalent agency and takes the form of an emergency or disaster declaration. The declaration may provide assistance to individuals, government entities and/or businesses. The purpose of this section is to identify the types of assistance that are available and the appropriate agencies that provide it. The authority for this assistance is, first and foremost, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P. L. 93-288 as amended – The Stafford Act – and its interpreting authority, Title 44 of the Code of Federal Regulation (44 CFR). Anyone seriously dealing in emergency management should be familiar with these documents. The types of assistance available are:
Individual Assistance
Individual assistance is that assistance provided to the private sector – individuals and families - by the various governmental agencies (in this dialog we will not address assistance that is provided by private agencies and charities although private organizations are quite active in many disaster events). The following programs are intended to meet the needs of that private sector:
Small Business Administration (SBA)
The Small Business Administration offers low interest loans to individuals and businesses impacted by a disaster. It requires a minimum of 25 homes or businesses with 40% or more uninsured losses and/or 5 businesses with substantial economic or physical losses. A SBA declaration can be made independently of or in conjunction with a Presidential Disaster Declaration. Loans may be available for:
SBA low-interest loans are available for homeowners, renters, landlords, private non-profit organizations and non-farm businesses (regardless of size) that suffered losses as a result of the disaster.
Individual & Family Grant (IFG) Program (75% Federal/25% State)
Provides grants to help meet serious needs and other necessary expenses not covered by insurance, other government programs or other conventional forms of assistance. The amount payable varies and is determined each year based on the Consumer Price Index for All Urban Consumers published by the Labor Department. Funds may be used for the following:
Applicants who have been turned down by the SBA may be automatically enrolled in this program. While funding is shared by FEMA and the state, checks will be issued by the state. Businesses are not eligible for the IFG program.
Disaster Unemployment Assistance (DUA)
Individuals unemployed as a result of a major disaster, and not covered by regular state or private unemployment insurance programs, may be eligible for unemployment benefits. Compensation is provided until re-employed or up to twenty-six weeks after the disaster declaration. Compensation will usually not exceed the maximum that would be payable under a state’s regular unemployment compensation program.
Temporary Housing Program
This program may be authorized by the President to meet the housing needs of victims in a declared disaster. The program consists of several parts, namely:
Food Stamps and Surplus Food Commodities
When as a result of a major disaster, low-income households are unable to purchase nutritious food, the U.S. Department of Agriculture may make food coupons and surplus food available. This program can continue as long as deemed appropriate based upon the scope and consequences of the disaster.
Other Programs
Other individual assistance programs available include relocation assistance, legal services and crisis counseling.
Once a disaster has been declared, FEMA will usually set up what is called a Disaster Recovery Center where a citizen can go to receive information about the above programs and sign up for those that are appropriate. In the last several years, FEMA has promoted registration by telephone as the preferred method for signing up for the various programs. For those interested, the tele-registration number is (800) 462-9029.
Public Assistance
Public assistance is that assistance available to state and local governments, Indian tribes and authorized tribal organizations, Alaska Native villages (but not Alaska Native Corporations) and private non-profit organizations or institutions as defined in 44 CFR 205.221(e).
While the primary federal agency dealing with public assistance is FEMA (Federal Emergency Management Agency), other federal agencies also are involved. As noted above, in addition to individual assistance, the Small Business Administration may offer assistance to private non-profit agencies found not eligible by FEMA. The Federal Highway Administration (FHWA) may provide relief for any damaged roads that are a part of the FHWA system. Canals and canal bank restoration may fall under the auspices of the Natural Resource Conservation Service (part of USDA) while the United States Army Corps of Engineers (COE) may undertake many different mission assignments from FEMA and also becomes heavily involved in beach, dune and seashore restoration.
There are two types of declarations that provide federal funding: An Emergency declaration, which will provide relief in damage Categories A and B, and a Disaster declaration, which provides relief in all categories.
There are seven categories of damage used by FEMA in recover operations and those are, in turn, divided into two types. Categories A & B are considered "emergency" work while categories C through G are considered "permanent" work. One of the principal differences between emergency work and permanent work is that in Categories A and B, regular time labor costs using an applicant’s own employees are not eligible; only overtime hours.
The Categories are:
As each damaged facility is surveyed by FEMA and state inspectors, a document called a Project Worksheet is developed to establish the scope of work required to return the facility to its pre-disaster condition and to estimate the cost of this work. Based on the estimated cost, projects are divided into large and small projects (the large project/small project dividing line is set annually bases on the Consumer Price Index. The full details of this project worksheet procedure are beyond the scope of this seminar but we will touch on a few of the major points.
Normally, a facility is repaired to its pre-disaster condition. However, this is done to current codes and standards using, within reason, modern methods and materials. This includes improvements as a result of changes in a building code, for example, or adapting a structure to conform to the Americans with Disabilities Act (ADA). In a small project, the funds, in the amount of the cost estimate, are advanced to the applicant. In a large project, the applicant is reimbursed in the actual cost of the project.
In the event an applicant wishes to make additional improvements in a project, the applicant may accept the amount of the project estimate and then add its own funds for the difference. This is called an Improve Project. Or, an applicant may wish to develop a different project than the one that was damaged. This is called an Alternate Project and the applicant may utilize an amount equal to 90% of the original project estimate for the new project. The last alternative is hazard mitigation, which will be covered later in the presentation as a separate subject.
Any applicant located in a disaster prone area where disaster assistance may be required should take the time to become familiar with at least some parts of 44 CFR, namely part 9, Floodplain Management and Protection of Wetlands; part 10, Environmental Considerations; part 13, Grant Administration and part 206, Federal Disaster Assistance. Some knowledge of the Coastal Barriers Resources Act (COBRA) and the National Environmental Policy Act (NEPA) would also be helpful.
One final public assistance program that may be of interest is the Community Disaster Loan program wherein the federal government may make loans to any local government that may suffer a substantial loss of tax and other revenues as a result of a major disaster. The details of this program are found in Section 416 of the Stafford Act.
Business Assistance
The Small Business Administration (SBA) offers assistance to non-agricultural businesses that have been impacted by a declared disaster. The SBA has to capability to make a disaster declaration independent of FEMA and/or the White House. Most of the programs offered by SBA are similar to those outlines above under Individual Assistance.
Agricultural Assistance
Farms and other agricultural businesses are generally not eligible under the programs outlined above. Instead of FEMA, the United States Department of Agriculture (USDA) through the Farm Service Agency becomes the lead agency of the federal government. Another agency of USDA that becomes involved in disaster recovery is the Natural Resources Conservation Service (formerly the Soil Conservation Service) which undertakes to respond to problems of erosion, loss of irrigation systems and other results of natural disaster.
On a local level, the County Extension Service, Farm Bureau, and regional Agri-Council will usually have programs to assist farmers with the recovery from a disaster.
It should be noted that many times, when a disaster event seems inconsequential to the urban population, there might still be devastating circumstances within the agricultural community.
In reality, following any disaster, especially a major one, all of the above types of assistance become available simultaneously. Usually, FEMA sets up a Disaster Field Office (DFO) in the vicinity of the disaster and the various agencies are centralized and work out of that office. Additionally, "Disaster Recovery Centers" are set up throughout the area where citizens can go to receive help. Usually these centers are manned by representatives of the insurance industry, the Red Cross, federal and state agencies and others providing various services to help with community needs.
Robert T. Stafford Disaster Relief and Emergency Assistance Act,
P. L. 93-288 as amended
Title 44 Code of Federal Regulations, October 1998 revision
The Handbook for Disaster Assistance, Florida Department of Community Affairs
Public Assistance Policy Digest, Federal Emergency Management Agency
The Engineering Handbook, Florida Department of Community Affairs
Disaster Assistance Made Easy, joint publication of FEMA and SBA
Project Impact: Building a Disaster Resistance Community, FEMA
Breaking the Cycle2, Florida Department of Community Affairs
Frank J. Reddish
Emergency Management Coordinator
Miami-Dade Office of Emergency Management
5600 S.W. 87th Avenue
Miami, FL 33173
(305) 273-6702; Fax-(305) 273-6708
mailto:reddish@co.miami-dade.fl.us
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