INTRODUCTION TO FEMAS ENVIRONMENTAL PLANNING

1
INTRODUCTION TO FEMAS ENVIRONMENTAL PLANNING
HISTORIC PRESERVATION (EHP) COMPLIANCE
REQUIREMENTS
2
FEMAs EHP Review

• It is FEMAs policy to integrate environmental
  and historic preservation considerations into its
  emergency preparedness, hazard mitigation,
  disaster planning, and response and recovery
  activities.
• This work is accomplished through FEMAs
  Environmental Planning and Historic Preservation
  (EHP) Compliance Requirements process.

3
What are potential EHP compliance considerations?

• Endangered Species
• Cultural Resources
• historic properties districts
• archaeological sites
• Air water quality
• Habitat
• Fish Wildlife
• Floodplains
• Wetlands
• Coastal Zones
• Agricultural Lands
• Geology

• Environmental Justice
• Land Use
• Hazardous Materials
• Traffic

4
Potential Environmental Impacts

• New ground disturbance activities
• Air/water pollution
• Habitat destruction
• Impacts to breeding
• feeding areas or patterns
• Altered viewsheds
• Alteration of historic properties districts

5
FEMAs EHP Compliance Review

• Overseen by FEMAs Office of Environmental
  Planning and Historic Preservation (OEHP)
• HQ office in Washington, DC
• Ten Regional offices
• Regional Environmental Officer some support
  staff
• EHP compliance is the responsibility of FEMA
  Grant Programs OEHP serves as a technical
  support office

6
Who is OEHP

• FEMAs Office of Environmental Planning and
  Historic Preservation (OEHP) engages in a review
  process to ensure that FEMA-funded projects and
  activities comply with various Federal laws to
  include
• National Environmental Policy Act (NEPA)
• National Historic Preservation Act (NHPA)
• Endangered Species Act (ESA)
• Clean Water Act (CWA)
• Clean Air Act (CAA)
• Coastal Zone Management Act (CZMA)
• Coastal Barrier Resources Act (CBRA)
• Migratory Bird Treaty Act (MBTA)
• Magnuson-Stevens Fishery Conservation and
  Management Act (MSA)
• Executive Order 11988 Floodplains Management
• Executive Order 11990 Wetland Protection
• Executive Order 12898 Environmental Justice

7
EHP Laws and Executive Orders The basis for
FEMAs EHP Review
Endangered Species Act
Executive Orders
Environmental Justice
National Historic
Floodplains
Preservation Act
Wetlands
NEPA
Clean Air Act
Coastal Barrier
Clean Water Act
Resources Act
Resource Conservation
Coastal Zone
Recovery Act
Management Act
8
FEMAs EHP Compliance Review

• Is required by Federal laws, regulations and
  Executive Orders
• Ensures FEMA actions, including grant-funded
  projects, are in compliance with EHP requirements
• Review must be complete before work is initiated
  and any project is funded
• Grantee must comply with any conditions placed on
  project as result of EHP review

9
FEMAs EHP Compliance Review

• The goal of the environmental compliance
  requirements is to protect our nations water,
  air, coastal, fish and wildlife, agricultural,
  historical, and cultural resources, as well as to
  minimize potential adverse effects to children,
  low-income, and minority populations
• Submitted environmental requests assists the
  federal government in making informed decisions

10
FEMAs EHP Compliance Review

• May require consultation with resource and
  regulatory agencies, including
• State Historic Preservation Office
• US Fish and Wildlife Service
• US Army Corps of Engineers

11
FEMAs EHP Review

• May require preparation of written analyses or
  agreements required under EHP laws, including
• - Environmental Assessment (NEPA)
• - Biological Assessment (ESA)
• - Memorandum of Agreement (NHPA)
• Some EHP laws and EOs require public involvement
  a public comment period

12
Environmental Review Conditions

• An environmental review must be completed prior
  to the initiation or completion of any project
  work.
• Initiating work before an environmental review is
  completed may result in a non-compliance finding
  and the withholding of grant funds.
• All changes to the scope of work (SOW) of a
  project must be resubmitted for environmental
  review.
• If an approved project has a change in the SOW,
  the grantee must stop work and wait for the
  environmental review to be completed and approved
  on the new SOW before re-initiating work.

13
Consequences of Non-Compliance

• Project delays
• Denial of funding
• De-obligation of funding
• Negative publicity
• Civil penalties
• Lawsuits

14
Environmental Review Process

• Grantee submits project request through the
  SAA/FA/Tribal Government/Private Entity
• SAA/FA/Tribal Government/Private Entity reviews
  project request and submits electronically to PA
• PA ensures all necessary documentation is
  included in grant application and submits a
  complete file to GPD/EHP liaison with EHP
  Documentation Memo
• GPD/EHP liaison reviews documentation and
  confirms likely environmental impact, if any
• If project/action does not require further
  environmental review (i.e equipment, training),
  grant will be approved as a Categorical Exclusion
  (CATEX) and PA is notified and given approval
  documentation or by email
• If project/action does require further
  environmental review it will be forwarded to EHP
  which will work with the REOs.
• GPD/EHP liaison will notify applicants PA of
  EHPs decision
• If approved, PA will be given approval
  documentation for communication to grantee
• If additional documentation is requested, grantee
  will be notified by PA

15
Projects that can be CATEXd

• Project types/actions that are not likely to have
  any impact on the environment, barring
  extraordinary circumstances.
• Purchases of equipment including vehicles, boats,
  ID cards, hand-held or portable equipment,
  navigation or communication equipment, or other
  supplies for mobile units. (Note Please provide
  information on how the equipment will be
  installed)
• Classroom and web-based training, conferences and
  workshops conducted within enclosed facilities.
• Personnel, administrative, fiscal and management
  activities that involve no resources other than
  manpower and/or funding.

16
CATEXs (Continued)

• Installation of security measures on mobile units
  (buses, train cars, ferries, etc.) that are less
  than 50 years old and are not national landmarks.
• Development, revision, documentation, and/or
  distribution of regulations, directives, manuals,
  information bulletins, and other guidance
  documents.
• Technical assistance activities that involve no
  resources other than manpower and/or funding.
• Field-based training activities and exercises
  that use existing facilities, established and
  approved procedures, and conform with existing
  land use designations.

17
Projects requiring initial review then CATEXd

• Project types/actions that are not likely to have
  any impact on
• the environment, barring extraordinary
  circumstances, as long as
• certain project conditions are met (i.e. no
  ground disturbance). If
• those conditions are not met or extraordinary
  circumstances exist, then
• the project must be submitted for EHP review.
  General conditions are
• listed below, followed by specific project types
  and their conditions.
• Project does not directly or indirectly involve
  any new ground disturbing activities such as
  utility/sewer/electric lines or other underground
  conduits, fencing, gates, poles, foundations,
  etc.
• Project does not involve new construction
  (Emergency Operations Center EOC, guard
  station, fire station, equipment shed,
  dock/wharf, communication tower, etc.).

18
Preparedness Project Types that Trigger EHP Review

• Communication towers
• New construction
• New ground disturbance activities
• Modification of buildings and structures 50
  years old impacts on historic districts

19
Communication Towers

• Consider all elements of project
• Tower location, height and design
• (lattice or guy wires)
• Use of aviation lighting
• Security fencing and lighting
• Equipment building
• Access road
• Equipment staging area

20
New Construction

• Examples
• Security guard building
• Dock/pier
• Boat house
• Road
• Towers

21
New ground disturbance activities

• Examples
• Installation of physical security enhancements
  including fencing, lighting,
  cameras, pedestrian or vehicle
• barriers, etc.
• In particular
• Does the project involve new ground
• disturbance activities?

22
Modification of Buildings Structures 50 Years
Old

• Examples
• Equipment installation (e.g. physical
  security/access controls) on, in, or in the
  vicinity of historic buildings, piers, bridges,
  ferries, rail cars, etc.
• Building renovation/hardening (e.g. doors, gates,
  windows)

23
Tips for a Timely EHP Review

• Take EHP considerations into account during
  project planning and budgeting
• Easier to avoid or resolve issues if identified
  early
• Reach out to state resource agencies early
• Provide detailed project Statement of Work to
  FEMA
• See Information Bulletin 271
• What work is being proposed, where will it take
  place, and how will it be carried out?

24
Tips for a Timely EHP Review

• Be aware that EHP review may increase timeline
  for project implementation
• Grant funds may be used for preparation of EHP
  reports
• Notify FEMA if Ports Master Plan included
  previous environmental analysis or public
  involvement, and provide any such documentation
  to FEMA

25
Project Planning

• The following factors affect the amount of time
  it takes to complete the EHP Review
• completeness of the project Statement of Work
  (SOW)
• complexity of the project
• project location the types of resources
  affected
• whether consultation with SHPO, FWS. etc.
  (required under certain laws) is needed

26
Roles and Responsibilities

• FEMAs Grant Programs Directorate
• Incorporates EHP compliance requirements into
  grant programs and processes
• Conducts initial screening of projects for EHP
  considerations (i.e. identification of potential
  impacts to natural or biological resources or
  historic properties)
• Submits complex projects to FEMAs Office of
  Environmental Planning and Historic Preservation
  (OEHP) for further review, if appropriate

27
Roles and Responsibilities

• FEMAs Office of Environmental Planning
  Historic Preservation
• Conducts and documents the EHP compliance review
  of those GPD-funded projects with potential to
  impact the environment or historic properties
• Consults with resource and regulatory agencies
• Provides policy guidance and subject matter
  expertise to support GPDs EHP compliance
  responsibilities
• Identifies opportunities to improve integration
  of EHP requirements into FEMA programs

28
EHP Review of Port Security Grant Program (PSGP)
Projects

• Since integration into FEMA in April 2007
• 70 FY04-07 PSGP projects submitted to OEHP for
  review
• 45 reviews completed

29
Information Bulletin No. 271

•  TO All State Administrative Agency Heads
• All State Administrative Agency Points of Contact
  
• All State Homeland Security Directors
• Transit Security Chiefs
•  
• FROM Tracey Trautman, Director
• Grant Development and Administration, Grant
  Programs Directorate
•  
• SUBJECT Environmental Planning and Historic
  Preservation Requirements for Grants
•  
• This Information Bulletin (IB) provides general
  guidance to grantees on environmental planning
  and historic preservation (EHP) requirements for
  grant funded projects involving communication
  towers, physical security enhancements, new
  construction, renovation, and modifications to
  buildings and structures that are 50 years old or
  older. This IB applies to all such projects
  (regardless of Fiscal Year award) funded by the
  Homeland Security Grant Program (HSGP), the
  Infrastructure Protection Program (IPP), and the
  Emergency Management Performance Grants Program
  (EMPG). These projects have the potential to
  affect environmental resources and historic
  properties through ground disturbance, impact to
  wetlands, floodplains, coastal zones, and other
  water resources, alteration of historically-signif
  icant properties, and impact to threatened and
  endangered species and migratory birds.
  Consequently, FEMA engages in a compliance review
  process to ensure proposed projects comply with
  applicable federal EHP laws, regulations, and
  Executive Orders.

30
Information Bulletin No. 271 Continued Statement
of Work

• Statement of Work
• A Statement of Work (SOW) is required to be
  developed and submitted to FEMA prior to the
  initiation of projects referenced in this IB.
  Essential elements and information to include in
  the SOW are
• Basic project information (name of project, name
  of grant and grantee, grant award number, fiscal
  year, overall purpose and scope of the project,
  estimated cost, etc.).
• Precise location of the project (street address,
  city, and state, or latitude and longitude
  coordinates).
• Visual documentation (site/structure photographs
  plans/drawings that define the size and precise
  location of proposed work US Geological Survey
  topographic, flood and wetlands maps aerial
  photographs, etc.).
• Description of the project, including (as
  applicable)
• Dimensions/acreage/square footage of structure
  and/or land affected, with height and structural
  support information for all communication towers.
• Extent and depth of ground disturbance for new
  construction and structure modification,
  including trenching for utility lines,
  installation of fencing and light posts, tower
  footings and pads, etc.
• Special elements of the project, including
• Special equipment that will be used, staging
  areas, access roads, easements, etc.
• Extent of structural modification.

31
Information Bulletin No. 271 Continued Statement
of Work

• Year affected building/structure was built (if
  applicable).
• Information about features, resources, and
  potential adverse impacts at or near the site,
  including
• Water bodies (rivers, lakes, streams, wetlands,
  etc.).
• Floodplains.
• Historic and cultural resources (historic
  districts, buildings, landscapes, bridges, piers,
  dams, archaeological sites, etc.).
• Migratory birds.
• Threatened and endangered species and/or critical
  habitat.
• Vegetation, including general types of plants,
  trees, or lack thereof.
• Geologic features.
• Tribal cultural and religious sites.
• Special areas (forests, wildlife refuges,
  reserves, etc.).
• Any recent or relevant studies, reports, or
  surveys that were prepared for other agencies or
  purposes and provide information on environmental
  resources and/or historic properties in the
  project area.

32
Information Bulletin No. 271 Continued EHP
Requirements

• Site selection is a key factor that can affect
  the number and complexity of EHP issues that may
  need to be addressed for a project. Grantees are
  responsible for identifying environmental
  resources and historic properties in the project
  area, which may require coordination with
  appropriate local, State and/or Federal resource
  agencies. This information should be included in
  the SOW and submitted to FEMA in the initial
  stage of project formulation.
• Based on the review of the SOW, FEMA may
  determine that projects with the potential to
  have significant adverse impacts to EHP resources
  and/or public controversy require additional
  evaluation and documentation, and FEMA will
  notify the grantee accordingly. Documents
  required to fulfill compliance responsibilities
  under Federal EHP laws must be prepared by
  qualified professionals with EHP expertise and
  may require a public comment period. Grantees are
  responsible for the preparation of such documents
  as well as for the implementation of any
  mitigation measures identified during FEMAs EHP
  review that are necessary to address potential
  adverse impacts. Costs associated with the
  preparation of EHP documents are allowable grant
  expenditures.
• Inadequate project descriptions and/or
  documentation of the presence of environmental
  resources and historic properties in a project
  area may cause significant delays in the
  timeliness of the review and affect the projects
  implementation. Failure of the grantee to meet
  all Federal, State and local EHP requirements,
  comply with project conditions established during
  FEMAs EHP review, and/or obtain applicable
  permits and approvals may result in project
  delays or the denial of funding.

33
Information Bulletin No. 271 Continued FEMA EHP
Review Process

• Grantees must submit SOWs electronically through
  their authorized State SAA (or designee) to their
  FEMA preparedness officer. Preferred submission
  formats are those supported by Microsoft Office
  (doc files), and Adobe Acrobat (pdf files).
  JPEG is the preferred picture format but other
  widely supported file types may be used. Project
  reviews may take several weeks or months to
  complete, so sufficient time and resources must
  be incorporated into the project planning process
  to accommodate EHP requirements. Grantees must
  receive written approval from FEMA prior to the
  use of grant funds for project implementation.
• Additional information regarding EHP compliance
  requirements for FEMA-funded grant projects is
  available on the FEMA website at
  http//www.fema.gov/plan/ehp/ehp-applicant-help.sh
  tm. Questions may be directed to your designated
  preparedness officer or to the Centralized
  Scheduling and Information Desk at 1-800-368-6498
  or via email at askcsid_at_dhs.gov.

34
Sources of EHP Guidance

• A variety of information is available at

http//www.fema.gov/plan/ehp
35
Helpful Resources

• Questions?
• For more information contact
• Jeff Hall [phone] or jeffrey.hall1_at_dhs.gov

36
(No Transcript)