Notice2024-10042
Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 8, 2024
Issuing agencies
Homeland Security DepartmentFederal Emergency Management Agency
Abstract
On October 4, 2023, FEMA published a notice requesting public comment on its determination that a programmatic/class review is appropriate for six categories of activities, in specific grant programs that do not have an adverse impact, individually or cumulatively, on floodplain values placing property and persons at risk. FEMA received no comments and is now publishing final notice of its determination in compliance with Federal regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 90 (Wednesday, May 8, 2024)</title>
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[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38911-38913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10042]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2023-0027]
Programmatic/Class Floodplain Review Procedures for Specific
Preparedness Grant Projects
AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.
ACTION: Final notice.
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SUMMARY: On October 4, 2023, FEMA published a notice requesting public
comment on its determination that a programmatic/class review is
appropriate for six categories of activities, in specific grant
programs that do not have an adverse impact, individually or
cumulatively, on floodplain values placing property and persons at
risk. FEMA received no comments and is now publishing final notice of
its determination in compliance with Federal regulations.
FOR FURTHER INFORMATION CONTACT: Frederick Holycross, Coordinator,
Grant Programs Directorate, Environmental Planning and Historic
Preservation, FEMA, <a href="/cdn-cgi/l/email-protection#721400171617001b11195c1a1d1e0b11001d01013214171f135c161a015c151d04"><span class="__cf_email__" data-cfemail="442236212021362d272f6a2c2b283d27362b373704222129256a202c376a232b32">[email protected]</span></a>, or 202-812-4938.
SUPPLEMENTARY INFORMATION:
I. Background
FEMA's floodplain management regulations are found at 44 CFR part
9. Part 9 sets forth the policy, procedure, and responsibilities to
implement and enforce Executive Order 11988, Floodplain Management.\1\
Part 9 sets forth an eight-step process which FEMA must follow when
taking actions in floodplains \2\ which have the potential to affect
floodplains or their occupants, or which are subject to potential harm
by location in floodplains.\3\ FEMA completes the eight-step process
for each action it is taking in a floodplain as part of the
comprehensive environmental and historic preservation (EHP) compliance
reviews that are required for all projects funded under its disaster
and non-disaster grant programs.\4\
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\1\ ``This regulation sets forth the policy, procedure, and
responsibilities to implement and enforce Executive Order 11988,
Floodplain Management, and Executive Order 11990, Protection of
Wetlands.'' 44 CFR 9.1.
\2\ The 8-step process set forth in 44 CFR part 9 also governs
agency actions that take place in wetlands.
\3\ 44 CFR 9.5(a)(1).
\4\ See generally FEMA's website at Environmental Planning and
Historic Preservation for a description of the EHP process and the
applicable regulations, directives, and legal mandates which govern
it. (Last accessed on April 12, 2024.)
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For such actions, FEMA is required to take the following steps: (1)
determine whether the proposed action is located in the 100-year
floodplain (500-year floodplain for critical actions), and whether it
has the potential to affect or be affected by the floodplain; \5\ (2)
notify the public at the earliest possible time of the intent to carry
out an action in a floodplain, and involve the affected and interested
public in the decision-making process; (3) identify and evaluate
practicable alternatives to locating the proposed action in a
floodplain (including alternative sites, actions and the ``no action''
option); (4) identify the potential direct and indirect impacts
associated with the occupancy or modification of floodplains and the
potential direct and indirect support of floodplain development that
could result from the proposed action; (5) minimize the potential
adverse impacts and support to or within floodplains to be identified
under Step 4, restore and preserve the natural and beneficial values
served by floodplains; (6) reevaluate the proposed action to determine
first, if it is still practicable in light of its exposure to flood
hazards, the extent to which it will aggravate the hazards to others,
and its potential to disrupt floodplain values and second, if
alternatives preliminarily rejected at Step 3 are practicable in light
of the information gained in Steps 4 and 5; (7) prepare and provide the
public with a finding and public explanation of any final decision that
the floodplain is the only practicable alternative; and (8)
[[Page 38912]]
review the implementation and post-implementation phases of the
proposed action to ensure that the minimization requirements are fully
implemented.\6\
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\5\ Any project considered for streamlined process will also be
subject to a determination of whether the proposed action is located
in a wetland and/or floodplain.
\6\ 44 CFR 9.6.
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FEMA completes the eight-step process for each action it is taking
in a floodplain as part of the comprehensive environmental and historic
preservation (EHP) compliance reviews that are required for all
projects funded under its disaster and non-disaster grant programs.\7\
The implementing guidance for E.O. 11988 (Guidelines) allows for an
altered or shortened decision-making floodplain evaluation ``class
review'' process for certain routine or recurring actions, known as
repetitive actions.\8\ Class reviews or programmatic approaches allow
for efficient and effective ways to meet EHP requirements, including
floodplain reviews.
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\7\ See generally FEMA's website at Environmental Planning and
Historic Preservation for a description of the EHP process and the
applicable regulations, directives, and legal mandates which govern
it. (Last accessed on April 12, 2024).
\8\ See Guidelines for Implementing Executive Order 11988,
Floodplain Management, and Executive Order 13690, Establishing a
Federal Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input at 44.
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In considering whether to undertake such a review, the Guidelines
instruct Federal agencies to examine past actions that have been
reviewed on an individual basis with public notice and opportunity to
comment.\9\ If the individual reviews have indicated uniformly that the
actions would not have an adverse impact individually or cumulatively
on floodplain values placing property and persons at risk, and little
or no public comments to the contrary were received, a class review to
streamline agency coordination and processing efforts may be
appropriate.\10\ Agencies may conduct class reviews of routine or
recurring actions when: (1) consideration of whether to locate in a
floodplain is substantially similar; (2) there is no practicable
alternative(s), consistent with any Executive Orders and applicable
agency codes, to siting in a floodplain for each action within the
class; and (3) all practical measures to minimize harm to the
floodplain are included in the review criteria that, if followed, will
minimize any adverse impacts that may be associated with the individual
actions covered in the class review.\11\
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\9\ Id.
\10\ Id.
\11\ Id.
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FEMA reviewed six project categories from 13 grant programs and
determined they were appropriate for the shortened class review
procedures.\12\ For the specific project categories, FEMA completed
steps 3-6 of the eight-step process by cumulatively considering the
potential that the project types might directly or indirectly have
adverse impacts to floodplains, might promote floodplain development
directly or indirectly, and whether there could be any practicable
alternative locations or actions. FEMA determined that the projects
would not have direct or indirect adverse impacts to floodplains, would
not promote floodplain development directly or indirectly, and that
there were no practicable alternatives outside the floodplain. On
October 4, 2023, FEMA published an initial notice of its determination;
the comment period closed November 3, 2023, with no comments
received.\13\
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\12\ See 88 FR 68644.
\13\ 88 FR 68644.
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II. Final Notice: Compliance With Step 7 of the Eight-Step Process
Step 7 of the eight-step process requires FEMA to prepare and
provide the public with a finding and public explanation of any final
decision that the floodplain is the only practicable alternative for
the identified actions.\14\ The final notice is required to include the
following: (1) a statement of why the proposed action must be located
in an area affecting or affected by a floodplain or a wetland; (2) a
description of all significant facts considered in making this
determination; (3) a list of the alternatives considered; (4) a
statement indicating whether the action conforms to applicable State
and local floodplain protection standards; (5) a statement indicating
how the action affects or is affected by the floodplain and/or wetland,
and how mitigation is to be achieved; (6) identification of the
responsible official or organization for implementation and monitoring
of the proposed action, and from whom further information can be
obtained; and (7) a map of the area or a statement that such map is
available for public inspection, including the location at which such
map may be inspected and a telephone number to call for
information.\15\
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\14\ 44 CFR 9.6(b); 9.12.
\15\ 44 CFR 9.12(e).
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FEMA reviewed six project categories that must be located in the
floodplain because the project categories involve modifications of
structures or features that currently exist in the floodplain.\16\
Within these project categories, FEMA conducted a review of 570 project
types funded through the Grant Programs Directorate \17\(GPD) from 2008
to 2023 that previously received floodplain reviews on an individual
basis. The results of those individual reviews indicate that these
identified types of activities will not have an adverse impact on
floodplain values and that the activities should remain in the
floodplain because they support existing facilities or structures. FEMA
did not receive public comments suggesting that there would be impacts
or that the activities should not be located in the floodplain. FEMA
did not consider alternative sites outside of the floodplain because
the projects are small-scale security improvements or modifications
made to existing facilities or structures. There are no practicable
alternatives because the existing facility or structure would need to
be relocated outside the floodplain and no alternative actions would
serve the same purpose and have less potential to affect or be affected
by the floodplain.
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\16\ See 88 FR 68644; FEMA's class review does not apply to
actions located in regulatory floodways or coastal high hazard
areas, including V/VE Zones; construction of new buildings,
structures, infrastructure or facilities.
\17\ GPD's mission is to deliver and support grant programs that
help the Nation before, during and after disasters to make the
country more resilient. GPD administers and manages FEMA grants to
ensure critical and measurable results for customers and
stakeholders, while also ensuring transparency in the grant process;
consolidates the grant business operations, systems, training,
policy and oversight of all FEMA grants; establishes and promotes
consistent outreach and communication with State, local, Tribal and
territorial (SLTTs) stakeholders; and offers information about
FEMA's preparedness grants funding provided to SLTT governments in
the form of non-disaster grants. For more information, please visit
<a href="https://www.fema.gov/about/offices/grant-programs">https://www.fema.gov/about/offices/grant-programs</a>.
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FEMA will condition grant funding for the listed activities in
accordance with local floodplain ordinances and applicable codes and
standards. The activities will not alter floodplain characteristics nor
materially extend the life of existing structures or facilities. The
activities will not modify the floodplain or increase the risk of flood
loss. Construction associated with the listed activities may create
short term, direct adverse impacts through the discharge of runoff
water containing pollutants and sediment into a floodplain. The
installation of temporary structures may create temporary, direct
impacts to the floodplain by affecting flow characteristics and by
capturing debris. However, mitigation of the short-term, direct adverse
impacts associated with construction activities will be achieved
through the application of typical construction practices including
runoff controls.
For covered activities in participating National Flood Insurance
Program
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(NFIP) communities, FEMA will require a floodplain development permit
or documentation from the local floodplain administrator that the work
is consistent with NFIP requirements.\18\ FEMA will include a condition
for all projects located in the floodplain that the Recipient and sub
recipient must coordinate with the local floodplain administrator/
permitting official to obtain any required permitting. Further
information about these activities can be obtained from GPD, at
<a href="/cdn-cgi/l/email-protection#36716672737e665f5850597650535b5718525e4518515940"><span class="__cf_email__" data-cfemail="1d5a4d5958554d74737b725d7b78707c3379756e337a726b">[email protected]</span></a>. When FEMA provides funding for these
activities, a map of the location may be available at
<a href="/cdn-cgi/l/email-protection#8ec9decacbc6dee7e0e8e1cee8ebe3efa0eae6fda0e9e1f8"><span class="__cf_email__" data-cfemail="9cdbccd8d9d4ccf5f2faf3dcfaf9f1fdb2f8f4efb2fbf3ea">[email protected]</span></a>.
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\18\ Created by Congress in 1968, the NFIP provides insurance to
help reduce the socio-economic impact of floods. Flood insurance is
a separate policy that can cover buildings, the contents in a
building, or both. The NFIP provides flood insurance to property
owners, renters, and businesses, and having this coverage helps them
recover faster when floodwaters recede. The NFIP is a public-private
partnership between the Federal Government, the property and
casualty insurance industry, States, local officials, lending
institutions, and property owners. The NFIP is administered by FEMA,
while insurance policies are sold and serviced by a network of more
than 50 insurance companies and the NFIP Direct. For more
information, please visit <a href="http://floodsmart.gov">floodsmart.gov</a>.
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This serves as FEMA's final public notice that the floodplain is
the only practicable alternative for the six categories of activities
in the thirteen specified grant programs identified in its October 4,
2023 initial notice.\19\ Pursuant to 44 CFR 9.12(f), FEMA will wait 15
days from the date of this determination to carry out any actions
subject to this notice.
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\19\ 88 FR 86844; the non-disaster preparedness grant programs
to which FEMA's determination applies are as follows: (1) Assistance
to Firefighters Grant Program; (2) Fire Prevention and Safety Grant
Program; (3) Staffing for Adequate Fire and Emergency Response Grant
Program; (4) Nonprofit Security Grant Program; (5) Tribal Homeland
Security Grant Program; (6) Emergency Management Performance Grant
Program; (7) Operation Stonegarden; (8) State Homeland Security
Program; (9) Urban Area Security Initiative; (10) Intercity Bus
Security Grant Program; (11) Intercity Passenger Rail Program; (12)
Port Security Grant Program; and (13) Transit Security Grant
Program.
Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-10042 Filed 5-7-24; 8:45 am]
BILLING CODE 9111-78-P
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