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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 one of the following three statuses:

  • Identified for Further Review (IFFR) – An application which is listed as IFFR is not a notification of award. This means that a subapplication has met the requirements specified in the NOFO and the HMA Unified Guidance. At this time, the applicants are required to work with a FEMA Regional Office to complete the pre-award activities for subapplications. Regional Offices will also complete the Environmental and Historic Preservation (EHP) compliance review for projects prior to award. Applicant management costs will be awarded based on the planning and project subapplications that are “identified for further review” and will not be awarded in excess of 10 percent of the total grant award. Additionally, awards will be subject to the availability of funds. FEMA may, at its discretion, request additional information or documentation regarding administrative or procedural requirements and conduct additional programmatic reviews before making a final decision.
  • Not Selected – This means the subapplication met HMA requirements, but is not selected due to limited program funding. FEMA offers two recommendations for subapplications that met the program requirements but are not selected due to limited program funding. One recommendation is that the applicant may re-submit the subapplication during a future cycle of the Flood Mitigation Assistance or BRIC grant program. Or, if funding is available, an application can be submitted to the Hazard Mitigation Grant Program.
  • Does Not Meet HMA Requirements – This means the subapplication met the initial eligibility requirements, but it did not score high enough in the competition criteria to receive additional review.
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Your FEMA Regional Office can provide further information to applicants on these subcategories.

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, after which the applicant or recipient must review and evaluate the subapplicant’s or subrecipient’s appeal before submission to FEMA.
  • For denials of applications or subapplications for mitigation projects, the appeal must identify any substantive technical or procedural error committed by FEMA, and 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, 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 located in 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.

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 BRIC recipients to highlight how recipients and subrecipients have used the BRIC 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.