Greater New Orleans (GNO) Infrastructure Projects
Environmental Compliance
- Environmental Compliance Overview
- Environmental and Historic Preservation Special Projects
- Environmental Review Documentation
- Environmental and Historic Preservation Reference Documents
Environmental and Historic Preservation Special Projects
FEMA's legal responsibility includes ensuring that projects it funds comply with environmental and historic preservation laws. To assist in this process, FEMA deploys Environmental and Historic Preservation staff to each disaster. Environmental staff and staff from the various disaster assistance programs advise applicants about these requirements through meetings, guidance, and follow-ups. During catastrophic events, like Hurricane Katrina, FEMA Environmental and Historic Preservation resources may be overwhelmed by the amount of disaster assistance that must be processed in a short amount of time to restore livable conditions in an area. Under these circumstances, FEMA may find it necessary to engage in special agreements or special projects to ensure compliance with environmental or historic preservation laws, regulations, and applicable Executive Orders.
Section 106 Programmatic Agreement and Secondary Programmatic Agreement
Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to evaluate the effects of its undertakings on sites, building, structures, or objects listed or eligible to be listed in the National Register of Historic Places. Federal agencies that have undertakings with adverse effects to these resources must adopt treatment measures to minimize, mitigate, or compensate for these effects. Under the implementing regulations issued by the Advisory Council on Historic Preservation (ACHP), federal agencies may negotiate Programmatic Agreements to address the Section 106 review for special cases, including emergencies.
FEMA has negotiated a Programmatic Agreement with the Louisiana State Historic Preservation Office (SHPO) and the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP). Given the abundance of historic resources in New Orleans, the amount of damage caused by Hurricane Katrina to historic properties, and the potential for the demolition of some properties determined to be unsafe and to pose an immediate danger to the public, it is expected that FEMA's funded demolition in New Orleans will cause adverse effects to sites, buildings, structures, or objects listed or eligible to be listed in the National Register of Historic Places.
FEMA and the Louisiana SHPO have negotiated a Secondary Programmatic Agreement to address the adverse effects of the demolition activities. As part of the treatment measures for these adverse effects, FEMA has agreed to develop a Geospatial Information System (GIS) database. This database will assist FEMA and the SHPO in making eligibility determinations, provide useful information for future disasters, and generate valuable information to other agencies providing assistance in the New Orleans area.
Links to the Programmatic Agreement and Secondary Programmatic Agreement are provided below.
- Programmatic Agreement Among the Louisiana State Historic Preservation Office (SHPO) and the Louisiana Office of Homeland Security and Emergency Preparedness (LOHSEP) (PDF 8MB, TXT 57KB)
- Secondary Programmatic Agreement Among FEMA, the Louisiana State Historic Preservation Officer, ACHP, the City of New Orleans, and the US Army Corps of Engineers (PDF 266KB, TXT 52KB)
More information on FEMA’s environmental and historic preservation activities is provided in the Environmental and Historic Preservation Program section.
Endangered Species Act Section 7 Consultation
Under the Endangered Species Act (ESA), federal agencies must consult with the U.S. Fish and Wildlife Service and/or the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service on actions that may jeopardize the continued existence of listed threatened and endangered species or adversely modify any designated critical habitat. Due to the situations caused by Hurricanes Katrina and Rita in New Orleans, the U.S. Fish and Wildlife Service has provided guidance regarding FEMA-funded actions that do not need Section 7 consultation, screening for actions that would not have effects, and guidance on issues/resources to avoid to reduce the need for formal consultation. FEMA will work closely with the U.S. Fish and Wildlife Service and NOAA Fisheries to address projects that need further consultation.
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