FEMA Regulations Regarding The Environmental Review Of FEMA Region VIII Funded Projects

The Federal Emergency Management Agency (FEMA) does comply, as a Federal funding agency, with the National Environmental Policy Act (NEPA) PL 91-190 which was passed by the Congress of the United States in 1970. Likewise, FEMA adheres to the regulations and guidance issued by the Council on Environmental Quality (CEQ), which was created by that Act.
The following are two sections of FEMA's regulations that pertain to the funding of projects relative to the implementation of NEPA.
COMPLIANCE WITH NEPA MUST BE COMPLETED PRIOR TO FUNDING AND CONSTRUCTION OF A PROJECT.

44 CFR 10.4 (a) POLICY

FEMA shall act with care to assure that, in carrying out its responsibilities, including disaster planning, response and recovery and hazard mitigation and flood insurance, it does so in a manner consistent with national environmental policies. Care shall be taken to assure, consistent with other considerations of national policy, that all practical means and measures are used to protect, restore, and enhance the quality of the environment, to avoid or minimize adverse environmental consequences.

FEMA shall:

Assess environmental consequences of FEMA actions;
Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences, and environmental considerations, in planning and decision making where there is a potential for significant environmental impact;
Ensure that presently unmeasured environmental amenities are considered in the decision making process;
Consider reasonable alternatives to recommended courses of action in any proposal that involves conflicts concerning alternatives uses of resources;
Make available to States, counties, municipalities, institutions, and individuals advice and information useful in restoring, maintaining, and enhancing the quality of the environment.

44 CFR 10.7 (c) (2) Responsibilities of the Applicant

Contact FEMA Region VIII as early as possible in the planning process for guidance on the scope and level of environmental information required to be submitted in support of their application;
Conduct any studies which are deemed necessary and appropriate by FEMA to determine the impact of the proposed action on the human environment;
Consult with appropriate Federal, regional, State, and local agencies and other potentially interested parties during preliminary planning stages to ensure that all environmental factors are identified;
Submit applications for all Federal, regional, State, and local approvals as early as possible in the planning process;
Notify FEMA Region VIII as early as possible of all other Federal, regional, State, local, and Indian tribal actions required for project completion so that FEMA may coordinate all Federal environmental reviews; and
Notify FEMA Region VIII of all known parties potentially affected by or interested in the proposed action.

In terms of Environmental and Historic Preservation requirements, the applicant must also comply with items 15, 16 and 17 of FEMA's Assurances for Construction Programs (FEMA form 20-16B, June 1994) as well as be familiar with 44 CFR Part 10 - FEMA's Environmental Considerations. For more infomation online, try www.access.gpo.gov/nara/cfr.

Last Modified: Tuesday, 18-Apr-2006 15:30:11 EDT