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C. HMA Guide Applicability and Effective Date

The HMA Guide is used to achieve consistent implementation of the HMA programs across the nation and should be a tool to aid decision-making. The HMA Guide is not law; however, it must be followed when it is citing applicable statutory and regulatory requirements. When describing policy, the HMA Guide should be followed to ensure consistent and fair administration of the HMA programs.

The effective date of the HMA Guide is March 23, 2023. The 2023 HMA Guide applies to HMGP, HMGP Post Fire, BRIC and FMA. Unless stated otherwise in the HMA Guide or an appropriate authoritative source, the HMA Guide applies and supersedes the 2015 HMA Guidance and Addendum and all policies and guidance issued between Feb. 2015 and the date of publication of the HMA Guide.

Major disaster declarations made and Notices of Funding Opportunity (NOFOs) published prior to the effective date continue to be governed by the guide (including any policy directives) in effect at the time of the major disaster declaration or NOFO. This includes applications/subapplications submitted and awards/subawards made under those prior disaster declarations and NOFOs.

For HMGP, the HMA Guide applies to Presidential Disaster Declarations declared on or after the date of publication unless indicated otherwise.

The Disaster Recovery Reform Act of 2018[6] made legislative changes to the Stafford Act and created the HMGP Post Fire program.[7] For HMGP Post Fire, the HMA Guide applies to FMAG declarations issued or published on or after March 23, 2023.[8]

For FMA, the HMA Guide applies to NOFOs published on or after the effective date. This includes applications/subapplications submitted and awards/subawards made under the NOFOs.

On Aug. 4, 2020, FEMA established the BRIC program, which implements Section 1234 of the Disaster Recovery Reform Act, and is authorized under Section 203 of the Stafford Act.[9] For BRIC, the HMA Guide applies to applications/subapplications submitted and awards/subawards made under BRIC NOFOs issued on or after March 23, 2023. BRIC applications and subapplications submitted before the effective date of the HMA Guide are governed by the NOFO and BRIC guidance materials applicable for the year in which the applications are made, rather than prior versions of the HMA Guidance and the Addendum that were published before the implementation of BRIC.

FEMA may use the Pre-Disaster Mitigation (PDM) program when administering grant funding as directed by Congress. For PDM, the HMA Guide generally applies to NOFOs published on or after March 23, 2023. Please refer to the relevant PDM NOFO for additional guidance.

If any requirements in the HMA Guide conflict with the applicable NOFO, the requirements in the NOFO take precedence. The HMA Guide is subject to legal and regulatory changes enacted after publication. FEMA periodically assesses its program and policy guidance and may issue new policy or guidance. The information provided in the HMA Guide is applicable unless otherwise stated in updated policy or other guidance materials.

Table 1 summarizes the applicability of the various versions of the HMA Guidance/Guide to the HMA programs:

Table 1: HMA Guidance/Guide Applicability

ProgramThe 2023 HMA Guide Applies to:2015 HMA Guidance and Addendum or Prior Versions Apply to:
Hazard Mitigation Grant Program (HMGP)Major disaster declarations made on or after March 23, 2023Major disaster declarations made before March 23, 2023
HMGP Post FireFMAG declarations made on or after March 23, 2023FMAG declarations made on or after Oct. 5, 2018, and before March 23, 2023[10]
Building Resilient Infrastructure and Communities (BRIC)NOFO published on or after March 23, 2023Not applicable
(follow the information posted on the “Building Resilient Infrastructure and Communities” webpage)
Flood Mitigation Assistance (FMA)NOFO published on or after March 23, 2023NOFO published before March 23, 2023

Footnotes

6. Division D of Public Law 115-254 (Oct. 5, 2018)

7. Section 1204 of the Disaster Recovery Reform Act amended Section 404 of the Stafford Act to allow FEMA to provide HMGP assistance for hazard mitigation measures that substantially reduce the risk of future damage, hardship, loss or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under the FMAG program (Section 420 of the Stafford Act). The HMGP Post Fire framework was outlined in FEMA Policy #207-088-2: Hazard Mitigation Grant Program—Post Fire (April 29, 2019) and is superseded by the HMA Guide.

8. States, federally recognized tribes and territories affected by fires resulting in an FMAG declaration on or after Oct. 5, 2018, but before March 23, 2023, are governed by the HMGP Post Fire framework outlined in FEMA Policy #207-088-2.

9. Disaster Recovery Reform Act of 2018 (Public Law 115-254); 42 U.S.C. § 5133