DR-4532-VT Public Notice 001 Amendment 001
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The Federal Emergency Management Agency (“FEMA”), U.S. Department of Homeland Security is giving public notice of its intent to provide assistance to the State of Vermont, local and tribal governments, and certain private nonprofit organizations and/or individuals under the Public Assistance, Individual Assistance, and Hazard Mitigation Grant Programs for major disaster declaration FEMA-4532-DR-VT pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.). FEMA is also giving public notice that, in some cases, it may provide assistance for activities that may affect historic properties, may be located in or affect wetland areas or the 100-year floodplain, and/or may involve critical actions within the 500-year floodplain.
Public Notice – Major Disaster Declaration FEMA-4532-DR-VT and Overview of Authorized Assistance
The President declared a major disaster for the State of Vermont on April 8, 2020, pursuant to his authority under the Stafford Act as a result of Coronavirus Disease 2019 (“COVID-19”) that occurred from January 20, 2020 and continuing. This declaration, designated FEMA-4532-DR-VT, and its subsequent amendments authorized Public Assistance Category B, Individual Assistance limited to Funeral Assistance under Other Needs Assistance, Supplemental Payments for Lost Wages under Other Needs Assistance, and the Crisis Counseling Program, and the Hazard Mitigation Grant Program statewide.
Public Assistance Category B is authorized by Section 403 of the Stafford Act (codified as amended at 42 U.S.C. § 5170b). Under Public Assistance Category B, FEMA may provide financial and/or direct federal assistance to state, tribal, and local government entities and certain private nonprofit organizations to perform emergency protective measures necessary to save lives and protect public health and safety as a result of COVID-19. The Hazard Mitigation Grant Program is authorized by Section 404 of the Stafford Act (codified as amended at 42 U.S.C. § 5170c). Under the Hazard Mitigation Grant Program, FEMA may provide financial assistance for state agencies, local and tribal governments, and certain private nonprofit organizations to take mitigation measures to substantially reduce the risk of, or increase resiliency to, future damage, hardship, loss, or suffering in any area affected by a major disaster.
The Funeral Assistance and Supplemental Payments for Lost Wages under Other Needs Assistance are authorized by Section 408 of the Stafford Act (codified as amended at 42 U.S.C. § 5174). As it relates to Funeral Assistance, FEMA may provide financial assistance to individuals who incurred funeral expenses for an individual whose death may have been caused by, or was likely the result of, COVID-19. As it relates to Supplemental Payments for Lost Wages, FEMA may provide financial assistance to the State to make such payments to individuals to those receiving unemployment insurance compensation. The Crisis Counseling Program is authorized by Section 416 of the Stafford Act (codified as amended at 42 U.S.C. § 5183) and, under this Program, FEMA may provide financial assistance to the State to assist individuals and communities in recovering from the psychological effects of COVID-19 through the provision of community-based outreach and educational services.
Public Notice – Assistance for Activities Located in or that Affect Wetlands Areas or Floodplains or that Affect Historic Properties
Some of the activities for which FEMA provides assistance under the Public Assistance, Individual Assistance, and Hazard Mitigation Grant Programs may affect historic properties, may be located in or affect wetland areas or the 100-year floodplain, and/or may involve critical actions within the 500-year floodplain. In those cases, FEMA must comply with Executive Order 11988, Floodplain Management; Executive Order 11990, Protection of Wetlands; the National Historic Preservation Act of 1966, 54 U.S.C. § 300101 et seq.) (“NHPA”); and the implementing regulations at 44 C.F.R. pt. 9 (Floodplain Management and Protection of Wetlands) and 36 C.F.R. pt. 800 (Protection of Historic Properties). The executive orders, NHPA, and/or regulations require FEMA to provide public notice for certain activities as part of approving Federal assistance awards, including for specific Public Assistance, Individual Assistance, and/or Hazard Mitigation Grant Program projects.
Federal Actions in or Affecting Floodplains and Wetlands
Executive Orders 11988 and 11990 require that all federal actions (including federal awards of financial assistance) in or affecting the 100-year floodplain, 500-year floodplain (for critical actions), or wetlands be reviewed for alternatives to avoid adverse effects and incompatible developments in those areas. The regulations at 44 C.F.R. pt. 9 set forth the FEMA policy, procedure, and responsibilities for implementing the Executive Orders. Certain actions under the Public Assistance and Individual Assistance Programs are excluded from being covered by 44 C.F.R. pt. 9, which include emergency protective measures under Public Assistance Category B, Other Needs Assistance, and Crisis Counseling. As such, this is the only public notice that FEMA will issue before providing assistance for these activities under FEMA-4532-DR-VT.
FEMA intends to provide Hazard Mitigation Grant Program funding to the State of Vermont for state agencies, local and tribal governments, and certain private nonprofit organizations to perform various mitigation projects. These projects may include construction of new facilities, modification of existing, undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future disaster damage. For those actions not excluded from 44 C.F.R. pt. 9, FEMA will identify and evaluate practicable alternatives to carrying out a proposed action in the wetlands, 100-year floodplain, or 500-year floodplain (for critical actions) and use social, economic, historical, environmental, legal, and safety factors when analyzing the practicability of the alternatives.
Where there is no practicable alternative, FEMA will undertake a detailed review to determine what measures can be taken to minimize potential harm to lives and risk from flooding, the potential adverse impacts the action may have on others, and the potential adverse impact the action may have on floodplain and wetland values. The public is invited to participate in the process of identifying alternatives and analyzing their impacts and FEMA may publish subsequent public notices regarding such projects as necessary as more information becomes available.
Federal Actions Affecting Historic Properties
Section 106 of the NHPA requires FEMA to consider the effects of its activities (known as “undertakings”) on any historic property, consider public views and comments on such projects, and afford the Advisory Council on Historic Preservation an opportunity to comment on such projects before making final decisions for certain Public Assistance and Hazard Mitigation Grant Program projects and expending federal funds. Public Assistance Category B and Hazard Mitigation Grant Program projects can be “undertakings” for the purposes of the NHPA and a historic property is any property that is included in, or eligible for inclusion in, the National Register of Historic Places. This will be the only public notice for projects for immediate rescue and salvage operation to preserve life and property (36 C.F.R. § 800.12(d)) and those projects involving activities that have limited or no potential to adversely affect a historic property or fall within the list of programmatic allowances set forth in the Programmatic Agreement among FEMA, the Vermont State Historic Preservation Officer, and the Vermont Department of Public Safety. FEMA, for other projects, may provide additional public notices if a proposed FEMA undertaking would adversely affect a historic property.
Further Information or Comment
Federal Emergency Management Agency
Attn: Lori Ehrlich, Region 1 Regional Administrator
99 High Street, 6th Floor
Boston, MA 02110
All comments concerning this public notice must be submitted in writing to FEMA within 15 days of its publication.
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