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cfr_sections: 44:44:1.0.1.1.10.0.9.16

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44:44:1.0.1.1.10.0.9.16 44 Emergency Management and Assistance I A 9 PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS     9.16 § 9.16 Guidance for applicants. FEMA 6 U.S.C. 101 et seq.; 42 U.S.C. 4001 et seq.; 42 U.S.C. 4321 et seq.; E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR, 1977 Comp., p. 117; E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR, 1977 Comp. p. 121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 FR 27967. 45 FR 59526, Sept. 9, 1980, unless otherwise noted. [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57046, July 11, 2024] (a) The Agency shall encourage and provide adequate guidance to applicants for agency assistance to evaluate the effects of their plans and proposals in or affecting floodplains and wetlands. (b) This shall be accomplished primarily through amendment of all Agency instructions to applicants, and also through contact made by agency staff during the normal course of their activities, to fully inform prospective applicants of: (1) The Agency's policy on floodplain management and wetlands protection as set out in § 9.2; (2) The decision-making process to be used by the Agency in making the determination of whether to take an action in or affecting floodplains or wetlands as set out in § 9.6; (3) The practicability analysis as set out in § 9.9; (4) The mitigation responsibilities as set out in § 9.11; (5) The public notice and involvement process as set out in §§ 9.8 and 9.12; and (6) The supplemental requirements applicable to applications for the lease or other disposal of Agency owned properties set out in § 9.14. (c) Guidance to applicants shall be provided, where possible, prior to the time of application in order to minimize potential delays in the Agency's processing of the application due to failure of applicants to follow the provisions in this part.
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