DR-4473-PR Public Notice 002

The Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to provide funding to reimburse eligible applicants for eligible costs to repair or replace qualified facilities, located within floodplains or wetlands, damaged during the earthquakes (FEMA-DR-4473-PR) beginning on December 28, 2019, to February 4, 2020. This Notice encompasses Public Assistance (PA) program and the Hazard Mitigation Grants Program (HMGP), implemented under the authority of Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42U.S.C. §§5121-5207 (Stafford Act).

Under a major disaster declaration (FEMA-4473-DR-PR) signed by the President on January 16, 2020, and amended March 11, 2020, the following municipalities have been designated as adversely affected by the disaster: Adjuntas, Guánica, Guayanilla, Jayuya, Juana Díaz, Lajas, Las Marías, Mayagüez, Peñuelas, Ponce, Sabana Grande, San Germán, Utuado and Yauco. These declarations authorize FEMA to provide federal assistance through PA in those municipalities of the Commonwealth of Puerto Rico that received the impact of the earthquakes. The declaration also allowed the implementation of the HMGP Island-wide.

Presidential Executive Orders 11988 and 11990, require that federal actions that might have an impact on floodplains or wetlands be evaluated to identify potential relocation strategies, as well as social, economic, historical, environmental, legal or safety considerations. Whenever relocating pertaining structures outside the floodplain results impossible, FEMA is required to undertake a detailed assessment to identify other measures that can minimize future damages. As part of its analysis, FEMA must also examine the potential effects of not restoring the facilities, seeking to minimize impacts to floodplains or wetlands, establish that there is an overriding public need for maintaining the facilities in these zones (that outweighs the interests protected by this orders), and also to prepare and circulate and explanation of why use of said zones is the solely viable alternative. For this specific disaster all available alternatives were considered including elevating structures, flood proofing, demolitions, relocations, and buyouts, among others. The Commonwealth of Puerto Rico and its officials should provide confirmation to FEMA that proposed strategies comply with all applicable state and local floodplain management and wetland protection requisites, laws, and regulations. Projects may propose the construction of new facilities; improvements to undamaged existing facilities; relocation of facilities outside of floodplains; demolition of structures and other projects to mitigate future disaster damages. FEMA also intends to offer funding under the HMGP to the Commonwealth of Puerto Rico to reduce the risk of damages during future events.

The National Historic Preservation Act requires federal agencies to take into account the effects of their undertakings on historic properties. Those actions or activities affecting buildings, structures, districts, or objects 50 years or older or that affect archaeological sites or undisturbed ground will require further review to determine if the property is eligible for listing in the National Register of Historic Places (Register). If the property is determined to be eligible for the Register, and FEMA’s undertaking will adversely affect it, FEMA will provide additional public notices. For historic properties not adversely affected by FEMA’s undertaking, this will be the only public notice.

This final notice only applies to the repairing and/or replacing of public buildings (schools, hospitals, fire stations, law enforcement offices, utility offices or structures, libraries, community centers, non-profits (public and private), roads, utilities, drainage canals, parks and similar facilities that could be located in the 100-year floodplain (areas that have been determined to have a one percent (1%) probability of flooding in any given year), and critical actions located within the 500-year floodplain (areas subject to flooding, with a probability of 0.2 percent (0.2%) chance of occurring in any given year) in the 14 municipalities of the Commonwealth of Puerto Rico. Due to the 14 municipalities having areas classified under floodplains, relocation or replacement of buildings will be carried out in compliance with Base Flood Elevations (BFE), and/or with other local codes and standards. Repairs may also utilize feasible mitigation measures to reduce impacts to floodplains. Regarding HMGP, this final notice covers all projects Island-wide such as warning sirens; generators; elevation and reconstruction of existing buildings; flood proofing and retrofits of existing facilities; as well as certain local flood risk mitigation projects including the installation or modification of culverts, and management of other storm water facilities in urban areas; and retrofit/improvements of existing floodwalls, dams, and weirs that could be located within the floodplains and/or wetlands.

The initial public notice was published on March 25, 2020.  This final public notice is issued in accordance with 44 CFR 9.12. People interested may obtain information on these actions or a specific project by writing to the U.S. Department of Homeland Security, Federal Emergency Management Agency, Region II, Caribbean Area Division, P.O. Box 70105, San Juan, Puerto Rico 00936-8105, or email to José G. Baquero, Federal Disaster Recovery Coordinator (FDRC), to FEMAR2COMMENT@fema.dhs.gov . All comments are due within 15 days of this notice. Comments or additional information on the decision or decision- making process may be obtained by email with the subject line, “4473 DR PR Cumulative Final Public Notice” at the above address within 15 days of the date of this notice.