§ 9.14 Disposal of Agency property. ( a ) This section sets forth the procedures whereby the Agency shall dispose of property.
( b ) Prior to its disposal by sale, lease or other means of disposal, property proposed to be disposed of by the Agency shall be reviewed according to the decision-making process set out in § 9.6 of this part, as follows: ( 1 ) The property shall be evaluated in accordance with the provisions of § 9.7 to determine if it affects or is affected by a floodplain or wetland;
( 2 ) The public shall be notified of the proposal and involved in the decision-making process in accordance with the provisions of § 9.8;
( 3 ) Practicable alternatives to disposal shall be evaluated in accordance with the provisions of § 9.9. For disposals, this evaluation shall focus on alternative actions (conveyance for an alternative use that is more consistent with the floodplain management and wetland protection policies set out in § 9.2 than the one proposed, e.g., open space use for park or recreational purposes rather than high intensity uses), and on the “no action” option (retain the property);
( 4 ) Identify the potential impacts and support of floodplain and wetland development associated with the disposal of the property in accordance with § 9.10;
( 5 ) Identify the steps necessary to minimize, restore, preserve and enhance in accordance with § 9.11. For disposals, this analysis shall address all four of these components of mitigation where unimproved property is involved, but shall focus on minimization through elevation or floodproofing and restoration of natural values where improved property is involved;
( 6 ) Reevaluate the proposal to dispose of the property in light of its exposure to the flood hazard and its natural values-related impacts, in accordance with § 9.9. This analysis shall focus on whether it is practicable in light of the findings from §§ 9.10 and 9.11 to dispose of the property, or whether it must be retained. If it is determined that it is practicable to dispose of the property, this analysis shall identify the practicable alternative that best achieves the Agency's mitigation responsibility.
( 7 ) To the extent that it would decrease the flood hazard to lives and property, the Agency shall, wherever practicable, dispose of the properties according to the following priorities: ( i ) Properties located outside the floodplain;
( ii ) Properties located inside the floodplain but outside of the floodway and the coastal high hazard area; and
( iii ) Properties located in a floodway, regulatory floodway, or coastal high hazard area.
( 8 ) The Agency shall prepare and provide the public with a finding and public explanation in accordance with § 9.12.
( 9 ) The Agency shall ensure that the applicable mitigation requirements are fully implemented in accordance with § 9.11(c).
( c ) At the time of disposal, for all disposed property, the Agency shall reference in the conveyance uses that are restricted under existing Federal, State and local floodplain management and wetland protection standards relating to flood hazards and floodplain and wetland values.
[45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57045, July 11, 2024]