The applicant and subapplicant should ensure the project scope of work considers all potential EHP compliance issues and costs. To assist in preparing the subapplication, the applicant/subapplicant must complete the EHP Checklist and provide information and documentation about potential impacts on the pertinent environmental and cultural resources in the project area. The documents on the FEMA “Environmental & Historic Preservation Grant Preparation Resources” webpage detail the information the agency needs to carry out an EHP review by project type. Any relevant information, surveys or studies related to EHP considerations identified and addressed in previous project planning activities should also be provided and may be used to satisfy the EHP compliance requirements at FEMA’s discretion.
Using the EHP Checklist, the applicant/subapplicant will identify applicable information that must be provided to FEMA, such as a complete scope of work narrative, documentation, maps, studies or correspondence related to:
- Biological resources: Any identified federally listed threatened and endangered species and/or designated critical habitats potentially affected by the proposed project.
- Water and biological resources: Vegetation, including amount (area), type and extent to be removed or affected.
- Water resources: Identification of all surface waters in the project area regardless of drainage area, size or perceived hazard level. Information about surface waters should include dimensions, the proximity of the project activity to the water and the expected and possible impacts of the proposed project on surface waters, if any.
- Coastal resources: Indication of whether the proposed project is located in a state’s designated coastal zone or within a Coastal Barrier Resource System Unit or Otherwise Protected Area.
- Pollution control and debris management: Identification of any hazardous or toxic materials that will affect the project, including studies, investigations or enforcement actions related to the proposed project’s location.
- Socioeconomic and/or environmental justice requirements: A description of any socioeconomic effects, including disproportionately high and adverse effects on low-income or minority populations (i.e., communities with environmental justice concerns) in the proposed project area.
- Historic or cultural resources: The property address; the original date of construction; and at least two color photographs for any buildings, structures, objects, or man-made site/landscape features 45 years or older in age. At least one of the two photographs of a building should be the front or primary façade showing the building’s entire elevation.
The EHP Checklist in Table 7 outlines necessary items for EHP compliance. Additional items may be required. Any items marked with a “yes” in the EHP Checklist must be further described in the project subapplication. This checklist has been incorporated into the electronic application system for BRIC and FMA. For the most current information, refer to the FEMA “Environmental & Historic Preservation Grant Preparation Resources” webpage.
Table 7: Environmental and Historic Preservation Checklist
| Environmental Regulation or Statute | Yes | No | |
|---|---|---|---|
| National Historic Preservation Act | |||
| 1.A | Would the proposed project affect, or is the proposed project near, any buildings or structures 45 years or more in age? | ||
| 1.B | Will the proposed project involve disturbance of ground? | ||
| Endangered Species Act | |||
| 2.A | Are federally listed or endangered species, or their critical habitat, present in or near the project area and, if so, which species are present? | ||
| 2.B | Will the proposed project remove or affect vegetation? | ||
| 2.C | Is the proposed project in, near (within 200 feet), or likely to affect any type of waterbody or body of water? | ||
| Clean Water Act and Rivers and Harbors Act | |||
| 3.A | Will the proposed project involve dredging or the disposal of dredged material, excavation, the addition of fill material, or result in any modification to water bodies or wetlands designated as “waters of the United States” as identified by the U.S. Army Corps of Engineers or any water bodies or wetlands in the National Wetland Inventory? | ||
| Executive Order 11988 (Protection of Floodplains) and Executive Order 11990 (Protection of Wetlands) | |||
| 4.A | Does a Flood Insurance Rate Map, Flood Hazard Boundary Map, hydrological study or some other source indicate that the project is located in or will affect a 1% annual chance floodplain, a 0.2% annual chance floodplain (if a critical action), an identified regulatory floodway or an area prone to flooding? | ||
| 4.B | Is the proposed project located in, or will it affect, a wetland as listed in the National Wetland Inventory? | ||
| 4.C | Will the proposed project alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain designation? | ||
| 4.D | Is the proposed project located in, or will it affect, a floodplain or wetland? If yes, the eight-step process summarized in HMA job aids must be completed. | ||
| Coastal Zone Management Act and Coastal Barrier Resources Act | |||
| 5.A | Is the proposed project located in the state’s designated coastal zone? | ||
| 5.B | Is the proposed project located in a Coastal Barrier Resources System Unit or Otherwise Protected Area? | ||
| Farmland Protection Policy Act | |||
| 6.A | Will the proposed project convert more than five acres of “prime or unique” farmland outside city limits to a non-agricultural use? | ||
| Resource Conservation Recovery Act and Comprehensive Environmental Response, Compensation, and Liability Act | |||
| 7.A | Is there reason to suspect there are contaminants from a current or past use on the property associated with the proposed project? | ||
| 7.B | Are there are any studies, investigations or enforcement actions related to the property associated with the proposed project? | ||
| 7.C | Will any project construction or operation activities involve the use of hazardous or toxic materials? | ||
| 7.D | Are any of the current or past land uses of the property associated with the proposed project or are any of the adjacent properties associated with hazardous or toxic materials? | ||
| Executive Order 12898 (Environmental Justice for Low Income and Minority Populations) | |||
| 8.A | Are there any low-income or minority populations in the project’s area of effect or adjacent to the project area? | ||
| Other Environmental/Historic Preservation Laws (Including Applicable State Laws) or Issues | |||
| 9.A | Are other environmental/historic preservation requirements associated with this project? | ||
| 9.B | Are any controversial issues associated with this project? | ||
| 9.C | Have any public meetings been conducted, or public comment solicited, on the proposed project? | ||
FEMA may identify additional EHP compliance review activities necessary to facilitate project approval, such as the completion of environmental assessments, environmental impact statements, Phase I environmental site assessments, biological assessments, archeological or standing structures surveys and documentation, wetlands delineations, and air quality conformity analyses or determinations. The Section 106 Process under the National Historic Preservation Act FEMA job aid describes specific decision points made by FEMA during the Section 106 review process. The NEPA Flowchart for HMA Projects FEMA job aid describes how FEMA decides if an environmental assessment or an environmental impact statement is needed for compliance with the National Environmental Policy Act.[200]
Unanticipated costs and delays may occur if, during the formal EHP compliance review, FEMA identifies an award condition (e.g., acquiring permits, timing restrictions) or scope change necessary for the project to remain in compliance with EHP laws or determines that a project will adversely impact an environmental or cultural resource. FEMA resolves adverse impacts to environmental or cultural resources through consultation processes that may involve federal and state agencies, federally recognized tribes and/or external stakeholders. The exact outcome of the consultation, and therefore the costs and time to resolve the impacts, will not be known until after project selection and consultation have concluded. The HMA programs have the discretion to determine, on a project-by-project basis, whether FEMA or the applicant and subapplicant will provide assistance for EHP mitigation measures to resolve adverse impacts.
Applicants and subapplicants may incur costs for significant EHP compliance review activities and/or EHP mitigation measures. FEMA will consider the following factors to determine whether to reimburse costs:
- Nature of the analysis or study required (e.g., environmental impact statement) and the degree to which the activity is related to accomplishing the mitigation goals.
- Costs of EHP activities compared to project costs.
- Complexity of the proposed project.
- Nature and extent of potential adverse impacts to environmental, cultural and/or historic resources.
Applicants should consider potential EHP costs during application development and submission and should seek to avoid activities that may negatively impact EHP resources.
FEMA may remove projects from consideration for full approval and/or assistance when EHP compliance review activities are not progressing and the applicant/subapplicant has not dedicated resources and/or provided required and requested documentation in a timely manner.
For more information, visit the FEMA “Environmental Planning and Historic Preservation” webpage, contact the appropriate FEMA regional office, or call the EHP Helpline (1-866-222-3580).