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Section 7: Project Eligibility Applicant Agreement to Property Acquisition Requirements (Continued) f&? The 5% Initiative Page 7-6 If this initial level of consultation indicates that the local govemment wishes to consider a flood damage reduction levee in the area, the local govemment must then undertake an expanded consultation process with the State, FEMA, and USACE. The consultation will involve the identification and full consideration of future potential land use conflicts to enable the local government to make an informed decision regarding how it should proceed. There may be situations where the local govemment may be able to pursue both the open space acquisition and flood damage reduction levee projects without any land use conflicts (i.e., the levee will not cross acquired land). If, however, the local government determines that such conflicts cannot be resolved and chooses to pursue the USACE flood damage reduction levee, the local govemment must notify FEMA, through the State that it will not submit an HMGP application for open space acquisition. e If the local govemmant decides to pursue an acquisition project following the consultation process, it will include in its application formal assurances, a resolution or a comparable document, adopted by the goveming body of the local govemment that indicate: 1. The local govemment understands that land acquired for open space purposes under the HMGP will be restricted in perpetuity to open space uses and will be unavailable for construction of flood damage reduction levees; and 2. In consultation with USACE, the local govemment has addressed and considered the potential future use of these lands for the construction of flood damage reduction levees, and has chosen to proceed with acquisition of permanent open space. The State and FEMA will not entertain an HMGP application for an open space acquisition project unless the local govemment provides these formal assurances with its application. e TIP: See Section 11 for details on property acquisition project implementation requirements and allowable open space uses. Some hazard mitigation measures are difficult to evaluate against traditional program cost-effectiveness criteria. Up to 5 percent of the total HMGP funds may be set aside by the State to pay for measures such as these. To be eligible for the 5% Initietive, measures must . Be identified in the State Hazard Mitigation Plan as a measure that would reduce or prevent damage to property or prevent loss of life or injury; . Be submitted for review with a narrative rationale that identifies the mitigation benefits and indicates that there is a reasonable expectation that future damage or loss of life or injury will be reduced or prevented; and . Comply with any other applicable HMGP eligibility criteria, and Federal, State, and local laws and ordinances. e HtJZJJrd MitIgation Grant Program Desk. Reference-Draft