HMA programs, and assistance awarded pursuant to these programs, must conform to FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements (Oct. 10, 2018), and with all applicable EHP laws, implementing regulations, and executive orders. This includes but is not limited to the National Environmental Policy Act,[105] the National Historic Preservation Act,[106] the Endangered Species Act,[107] Executive Order (EO) 11988 on Floodplain Management (May 24, 1977), as amended by EO 13690 on Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input (Jan. 30, 2015), EO 11990 on Protection of Wetlands (May 24, 1977), and EO 12898 on Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (Feb. 11, 1994). By taking the proposed project’s impacts to the human environment into account in the decision-making process, EHP requirements ensure that reasonable alternatives are considered. All activities must comply with all federal laws, regulations and executive orders applicable to the environment and historic preservation. To ensure compliance with all EHP laws, regulations and executive orders, additional EHP conditions may be included in the award agreement.
FEMA has the responsibility to ensure a project complies with federal laws, regulations and executive orders related to EHP, which includes coordination with other federal and state agencies and consultation with tribal governments. Applicants and subapplicants should assist FEMA by identifying EHP reviews previously completed by other agencies, gathering data, and reaching out to stakeholders and regulatory agencies for pertinent information. If EHP issues are identified, the applicant and subapplicant should initiate coordination with the relevant federal and state agencies as early in the project planning stages as possible to address any potential EHP issues associated with proposed activities. This coordination does not substitute for, and shall not be interpreted to mean, formal consultation has occurred between FEMA and the applicable federal/state agency or tribal government.
Below is a general summary of the EHP compliance review process before a federal award may be made.
FEMA will:
- Evaluate any potential impacts to EHP resources and provide the required information and documentation to identify the impact on these resources.
- Complete any required consultation and/or coordination with the appropriate agencies (e.g., the state/tribal Historic Preservation Office, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service) or tribal governments to evaluate potential effects of the proposed project and to identify any measures necessary to avoid or minimize these effects.
- Complete an evaluation of, and document alternatives to, the proposed action that will avoid or minimize these impacts, including consideration of the environmental impact of taking no action.
- Demonstrate that the project will incorporate any EHP mitigation measures required to mitigate the adverse effects on EHP resources.
- Ensure all EHP projects costs, including the costs of known measures to treat adverse effects, are reflected in the project budget estimate.
EHP compliance considers and documents the following resource types or actions: biological, water, coastal, pollution control, debris management, socioeconomic, historical and cultural.
Applicants and subapplicants may apply for projects that are a functional portion of a long-term solution. If this approach is taken, each project must be able to function independently and meet all HMA project eligibility requirements, EHP compliance included. Applicants should include EHP reviews, surveys or studies previously completed as part of the planning process or for other related projects that may be able to help FEMA assess the proposed project with their application.
FEMA is responsible for reviewing connected actions associated with a proposed project, even if the agency is not funding the connected action. Applicants and subapplicants must include information on actions connected to the proposed project in the application even if FEMA is not funding the connected action.
Actions are connected if they:
- Automatically trigger other actions that may require environmental impact statements.
- Cannot or will not proceed unless other actions are taken previously or simultaneously.
- Are interdependent parts of a larger action and depend on the larger action for their justification.[108]
Assistance will not be awarded and the applicant/subapplicant may not initiate the project, other than planning or preparatory work not involving construction or alteration of the land, until FEMA has completed this review and determines that the project, when completed, will comply with all EHP laws, regulations and executive orders.
FEMA developed guidance to assist in completing the EHP information section of a project subapplication, including online training and information about historic preservation. Technical assistance is also available through the FEMA regional offices, via the toll-free Project Technical Assistance for EHP Helpline 866-222-3580, or via email at ehphelpline@fema.dhs.gov.