After You Apply for Building Resilient Infrastructure and Communities (BRIC) Funds

Appeal Process

Managing Your Award

After FEMA has completed its review of all BRIC subapplications, each of them will be assigned and updated with one of the following three statuses:

• Identified for Further Review
• Not Selected
• Did Not Meet HMA Requirements

Once a status has been assigned, FEMA will make a formal announcement. At that time, FEMA Regions will conduct any additional pre-award review action necessary. Applicants should work with their FEMA Regional points of contact and subapplicants should work with their applicant points of contact.

Appeal Process

An eligible applicant, subapplicant, recipient, or subrecipient may request an appeal of either of the following types of actions:

1. FEMA’s denial of its application or subapplication for mitigation projects for which there is an indication of a substantive technical or procedural error.
2. A remedy FEMA has taken for noncompliance with federal statutes, regulations, or the terms and conditions of the award that results in suspension or termination of all or part of the award.

The appeal must be submitted according to the following procedures:

• The applicant or recipient must submit an appeal in writing to FEMA within 60 days after receipt of a notice of the action that is being appealed. The subapplicant or subrecipient must submit its appeal in writing to the applicant or recipient. The applicant or recipient must review and evaluate the subapplicant’s or subrecipient’s appeal before submitting the appeal to FEMA.
• For denials of applications or subapplications for mitigation projects, the appeal must identify any substantive technical or procedural error committed by FEMA. FEMA will only consider the information provided in the application or subapplication as supporting documentation.
• For remedies FEMA has taken for noncompliance, the appeal must contain documented justification supporting the appellant’s position, specify the monetary figure in dispute, and identify the provisions in federal law, regulation or policy with which the appellant believes the initial action was inconsistent.

The applicant, subapplicant, recipient or subrecipient will be notified in writing of the disposition of the appeal or the need for additional information. All appeal decisions are final.

Managing Your Award

The Period of Performance (POP) is 36 months, starting on the date of the recipient’s federal award. Any subsequent amendments to the federal award, including awarding additional subawards, will not extend the POP unless explicitly stated. For highly complex projects, the applicant may submit a request for a longer POP in the application for FEMA to review and approve.

Mitigation Project Requirements

Mitigation projects must be cost-effective; designed to increase resilience and reduce risk of injuries, loss of life, and damage and destruction of priority; align with the applicable hazard mitigation plan (HMP); meet all criteria found in the 2023 Hazard Mitigation Assistance Program and Policy Guide (HMA Guide); meet all applicable federal, state, Tribal, and local floodplain and land use laws defined in the HMA Guide; meet all Environmental and Historic Preservation (EHP) requirements; and at a minimum, be in conformance with the latest published editions (meaning either of the two most recently published editions) of relevant consensus-based codes, specifications and standards that incorporate the latest hazard-resistant designs.

If the mitigation project is within a Special Flood Hazard Area, it must meet both of the following conditions:

• The project is in a jurisdiction participating in the National Flood Insurance Program that is not on probation, suspended or withdrawn.
• The property owner obtains and maintains flood insurance for the life of the structure, regardless of transfer of ownership, in an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the mitigated property, whichever is less.
• The project complies with any FEMA directive or policy implementing the Federal Flood Risk Management Standards (FFRMS) as defined in the HMA Guide, Part 4, I. Federal Flood Risk Management Standards – Partial.

Long-Term Monitoring Requirements

By accepting an award, all recipients agree to participate in monitoring or an evaluation of the grant, which may include analysis of the impact and providing access to program operating personnel and participants, as specified by the evaluator(s).

The BRIC program encourages investments to protect communities and infrastructure. As part of the performance evaluation and monitoring efforts, FEMA will conduct a series of grant effectiveness and cost-effectiveness case studies jointly with recipients to highlight how recipients and subrecipients have used the funds to increase resiliency from natural hazards in their jurisdictions.

Starting Project Construction

Construction activities can begin after approval. Construction activities for which ground disturbance has already been initiated or completed prior to funding award are not eligible for funding. Non-construction activities that have already started may not be considered for funding if not approved as pre-award activities.

Phased Projects

Phased projects are complex projects for which FEMA provides funding to subapplicants to prepare all the technical and environmental information, including design, engineering studies, final benefit cost analysis and permitting, before issuing a full construction approval.

Phasing is for projects that are further along in development but for which funding is lacking to complete certain technical pieces. Phasing a project allows funds to be reserved through the same grant cycle.

Phase I funds will be awarded first and if after the Phase I deliverables are reviewed and approved by FEMA, then Phase II construction funding will be awarded. If a project is shown not to be cost effective or technical feasible after Phase I completion, FEMA still funds the costs of Phase I, and funds allocated to the project then go back into the funding pot for the next grant cycle.