NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE. (1) Subrecipient must provide documentation which indicates they have received approval from the Texas Water Development Board (TWDB), the National Flood Insurance Program (NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for Subrecipient to be eligible to participate in the NFIP have been adopted.
(2) Where Activities specified in a Performance Statement, involve structures that are located in Special Flood Hazard Areas (SFHA), flood insurance may be required, and Subrecipient shall obtain such insurance, and shall maintain documentation evidencing compliance with such requirements.
(3) Subrecipient acknowledges and agrees that if any property that is the subject of an Activity under this Contract located within a floodplain, that the following terms and conditions shall apply:
a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001- 4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless:
i. The community in which the area is situated is participating in the National Flood Insurance Program ("NFIP") (44 CFR parts 59 through 79), or less than one (1) year has passed since the FEMA notification regarding such hazards; and
ii. The community is participating in the NFIP, or that flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner.
b. Where the community is participating in the NFIP and the recipient provides financial assistance for acquisition or construction purposes (including rehabilitation) for property located in an area identified by FEMA as having special flood hazards, Subrecipient is responsible for ensuring that flood insurance under the NFIP is obtained and maintained.
c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 515a, HUD disaster assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for flood damage to any personal, residential, or commercial property if:
i. The person had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and
ii. The person failed to obtain and maintain flood insurance.
d. Subrecipient understands a...
NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE. As part of ECP, prepare all documents necessary for MDOT to obtain all necessary approvals for any regulated activity within floodplains. Obtain from the Maryland Floodplain Mapping Program (“MDFMP”) in conjunction with the FEMA Digital Flood Insurance Rate Maps (xxxxx://xxxxxxxxxxx.xxx/) the effective flood insurance studies for Xxxxxxxxxx County and Xxxxxxxxx County and the effective Digital Flood Insurance Rate Maps covering the Work. Determine the extent to which the proposed activities encroach into a Special Flood Hazard Area, floodway (for streams studied with detailed methods), a Non-Encroachment Area (for streams studied with limited detailed methods), or FEMA buyout properties. When an activity is proposed within a floodway or Non-Encroachment Area as defined by MDFMP (including Bridges and Small Structures), determine if the proposed activity will result in an increase in the base flood elevation as defined by MDFMP. If a base flood elevation increase will occur to the extent that a CLOMR is required, prepare and provide all documentation necessary for MDOT to obtain a CLOMR prior to construction of the regulated activities. Prepare all documents including notification letters to property owners necessary for MDOT to obtain approval from MDFMP in accordance with the conditions outlined in the Memorandum of Agreement (“MOA”) between MDFMP and MDOT. MDOT will provide all fees in accordance with the MOA. Within 60 days of Substantial Completion, prepare and submit to MDOT the As-Built Drawings for Work within the regulated areas necessary for MDOT to obtain a letter of map revision (“LOMR”). Provide all fees associated with obtaining CLOMRs and LOMRs; and when an activity is proposed within a Special Flood Hazard Area, but outside of a floodway or Non-Encroachment Area, obtain any necessary local floodplain development permits, as required, from Xxxxxxxxxx County or Xxxxxxxxx County floodplain administrators. For clarity, the Phase Developer is not responsible for impacts due to a rise in water surface elevation resulting from the conversion of the effective FEMA model run to the corrected effective FEMA model run. Terms in this Exhibit 6 Article 5 (Environmental Management) will have the meaning as defined by FEMA for the National Flood Insurance Program, 44 CFR Parts 60-65.
