DR-4778-NE Public Notice 001

The Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to reimburse eligible applicants for eligible costs to repair and/or replace facilities damaged by severe storms, straight-line winds and tornadoes on April 26 and 27, 2024. This notice applies to the Individual Assistance (IA), Public Assistance (PA) and Hazard Mitigation Grant (HMGP) programs implemented under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121- 5207.

Under a major disaster declaration (FEMA-4778-NE) signed by the President on May 3, 2024, and as amended on May 29, 2024, the following counties have been designated adversely affected by the disaster and eligible for Individual Assistance: Douglas and Washington Counties. The following counties have been designated adversely affected by the disaster and eligible for Public Assistance: Boone, Douglas, Greeley, Howard, Sherman, and Washington. Additional counties may be designated at a later date. All counties in the State of Nebraska are eligible for HMGP.

FEMA intends to provide IA Program funding in the form of financial assistance and direct services funding assistance to individuals and households. Direct services that involve no modification to the environment are not anticipated to have an impact on a floodplain or wetland. Financial assistance to individuals and households may include repair, restoration, or construction of housing or private bridges, or minimum repair of structures as protective measures. These actions may adversely affect a floodplain or wetland or may result in continuing vulnerability to floods. This will be the only public notice concerning these actions.

This notice concerns Public Assistance activities that may affect historic properties; activities that are located in, or affect, wetland areas or the 100-year floodplain; and critical actions within the 500-year floodplain. Such activities may adversely affect historic properties, floodplains, or wetlands, or may result in continuing vulnerability to flood damage.

FEMA also intends to provide HMGP funding to the State of Nebraska to mitigate future disaster damages. 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 damages. In the course of developing project proposals, subsequent public notices may be published, if necessary, as more specific information becomes available.

Such activities may include restoring eligible damaged facilities located in a floodplain to pre-disaster condition. Examples of such activities include, but are not limited to, the following:

1. Debris removal and disposal; 
2. Emergency protective measures;
3. Repair/replacement of roads, including streets, culverts and bridges;
4. Repair/replacement of public dams, reservoirs and channels; 
5. Repair/replacement of public buildings and related equipment;
6. Repair/replacement of public water control facilities, pipes and distribution systems;
7. Repair/replacement of public utilities, including sewage treatment plants, sewers and electrical power distribution systems; and
8. Repair/replacement of eligible private, non-profit facilities (hospitals, educational centers, emergency and custodial care services, etc.).

Presidential Executive Orders (EO) 11988 (Floodplain Management), 13690 (Establishing a Federal Flood Risk Management Standard (FFRMS), reinstated by EO 14030 and per Interim FEMA Policy 104-22-0003), and 11990 (Wetlands Protection) require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to avoid, minimize, or mitigate the risk of future flood hazards in light of social, economic, historical, environmental, legal, and safety considerations. 

However, FEMA has determined that in certain situations there are no alternatives to restoring an eligible facility located in the floodplain to its pre-disaster condition. These are facilities that meet all of the following criteria: 

1.  FEMA’s estimate of the cost of repairs is less than 50 percent of the cost to replace the entire facility, and is less than $100,000; 
2. The facility is not located in a floodway; 
3. The facility has not sustained major structural damage in a previous presidentially declared flooding disaster or emergency; and 
4. The facility is not critical (e.g., the facility is not a hospital, generating plant, emergency operations center, or a facility that contains dangerous materials). 

FEMA intends to provide assistance for the restoration of these facilities to their pre-disaster condition, except when measures to mitigate the effects of future flooding or other hazards may be included in the work. For example, a bridge or culvert restoration may include a larger waterway opening to decrease the risk of future washouts.  For routine activities, this will be the only notice provided. 

Disaster assistance projects to restore facilities which do not meet the criteria listed above must undergo a detailed review and analysis of alternate locations. The review will include a study to determine if the facility can be moved out of the floodplain. FEMA will fund eligible restoration at the original location if:

1.  The facility is functionally dependent on its floodplain location (e.g., bridges and piers), 

2.  The project facilitates an open-space use, or

3.  The facility is an integral part of a larger network that is impractical or uneconomical to relocate, such as a road. 

In such cases, FEMA must also examine the possible effects of not restoring the facility, minimize floodplain/wetland impacts, and determine both that an overriding public need for the facility clearly outweighs the Executive Order requirements to avoid the floodplain/wetland, and that the site is the only practicable alternative. The State of Nebraska and local officials will confirm to FEMA that proposed actions comply with all applicable state and local floodplain management and wetland protection requirements.

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 archeological 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 notices. For historic properties not adversely affected by FEMA’s undertaking, this will be the only notice.

Presidential Executive Order 12898, Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, directs each federal agency to avoid disproportionate and high adverse human health or environmental effects to low-income and minority populations. FEMA aims to identify low income and minority communities at the onset of a declared event to gain better understanding of how response and recovery efforts, including mitigation may impact such groups and communities. Additionally, once low income and minority communities have been identified, FEMA aims to minimize any potential adverse impacts to those communities through encouraging alternative selection of response and recovery actions including HMGP projects.

The Rehabilitation Act of 1973 protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Any recipient or sub-recipient of federal funds is required to make their programs accessible to individuals with disabilities. Its protections apply to all programs and businesses receiving any federal funds. This applies to all elements of physical/architectural, programmatic and communication accessibility in all services and activities conducted by or funded by FEMA. FEMA intends to comply with the Rehabilitation Act in all federally conducted and assisted programs in alignment with the principals of whole community inclusion and universal accessibility.

As noted, this may be the only notice regarding the above-described actions under the IA, PA, and HMGP programs. Interested persons may obtain information about these actions or a specific project by writing to Teri Toye, Regional Environmental Officer, Federal Emergency Management Agency, Region 7, 11224 Holmes Road, Kansas City, MO 64131 or by emailing Teri.toye@fema.dhs.gov. Comments should be sent in writing within 15 days of the date of this notice.