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The Stafford Act identifies the use of disaster relief funds under Section 404 (Hazard <br />Mitigation Grant Program, "HMGP"), including the acquisition and relocation of structures <br />in the floodplain; <br /> <br />Section 404 of the Stafford Act provides a process for a Community, through the State, to <br />make application for funding to be used to acquire interests in property, including the <br />purchase of structures in the floodplain, to demolish and/or remove the buildings, and to <br />convert the land use into perpetual open space; <br /> <br />The terms of the Stafford Act, regulations promulgated thereunder (44 C.F.R. § 206.434), <br />and the FEMA-State Agreement require that the Grantee agree to conditions which are <br />intended to restrict the use of the land to open space in perpetuity in order to protect and <br />preserve natural floodplain values. Land acquired under this program is subject to the <br />following terms and conditions: <br /> <br />1. Terms. Pursuant to the terms of the Stafford Act, regulations promulgated <br /> thereunder (44 C.F.R. 206.434), as they read now and may be amended in the future, <br /> and the FEMA-State Agreement, the following conditions and restrictions shall <br /> apply in perpetuity to each property described in the attached deed and acquired by <br /> the Grantee pursuant to the Stafford Act § 404 acquisition program: <br /> <br /> a. Compatible uses. The land shall be used only for purposes compatible with <br /> open space, recreational, or wetlands management practices; in general, such <br /> uses include parks for outdoor recreational activities, nature reserves, <br /> unimproved pervious parking lots and other uses described in 44 C.F.R. § <br /> 206.434, as it reads now and may be amended in the furore. <br /> <br /> b. Structures.. No new structures or improvements shall be erected on the <br /> property other than: <br /> <br /> i. A public facility that is open on all sides and functionally related to <br /> the open space use; <br /> ii. A public rest room; or <br /> iii. A structure that is compatible with the uses described in Paragraph <br /> l(a), above, and approved by the Director in writing prior to the <br /> commencement of the construction of the structure. <br /> <br /> Any structures built on the property according to this paragraph shall be <br /> floodproofed or elevated to the Base Flood Elevation plus one foot of <br /> freeboard. <br /> <br /> c. Disaster Assistance. No furore disaster assistance from any Federal source <br /> for any purpose related to the property may be sought, nor will such <br /> assistance be provided; <br /> <br /> <br />