Laserfiche WebLink
Article 49 Environmental Planning and Historic Preservation (EHP) Review <br /> FEMA funded activities that could impact the environment and historic <br /> properties are subject to the FEMA EHP review process.This review does not <br /> address all federal, state, and local requirements.Acceptance of federal <br /> funding requires the recipient to comply with all federal, state, and local laws. <br /> FEMA is required to consider the potential impacts to natural and cultural <br /> resources of all projects funded by FEMA grant funds,through its EHP review <br /> process, as mandated by:the National Environmental Policy Act; Endangered <br /> Species Act; National Historic Preservation Act of 1966, as amended; Clean <br /> Water Act;Clean Air Act; National Flood Insurance Program regulations;and <br /> any other applicable laws, regulations and executive orders (EO). General <br /> guidance for FEMA's EHP process is available on FEMA.gov. Specific <br /> applicant guidance on how to submit information for EHP review depends on <br /> the individual grant program.Applicants should contact their grant program <br /> officer to be put in contact with EHP staff responsible for assisting with their <br /> specific grant program.The FEMA EHP review process must be completed <br /> before funds are released to carry out the proposed project.Otherwise, FEMA <br /> may not be able to fund the project due to noncompliance with EHP laws, <br /> executive orders, regulations, and policies. FEMA may also need to perform a <br /> project closeout review to ensure the applicant complied with all required EHP <br /> conditions identified in the initial review. If ground is disturbed during <br /> construction, the applicant will monitor the ground disturbance, and if any <br /> potential archaeological resources are discovered, the applicant will <br /> immediately cease work in that area and notify the pass-through entity, if <br /> applicable, and FEMA. EO 11988, Floodplain Management, and EO 11990, <br /> Protection of Wetlands, require that all federal actions in or affecting the <br /> floodplain or wetlands be reviewed for opportunities to relocate, and be <br /> evaluated for social, economic, historical, environmental, legal, and safety <br /> considerations. FEMA's regulations at 44 C.F.R. Part 9 implement the EOs and <br /> require an eight-step review process if a proposed action is in a floodplain or <br /> wetland or has the potential to affect or be affected by a floodplain or wetland. <br /> Article 50 Applicability of DHS Standard Terms and Conditions to Tribal Nations <br /> The DHS Standard Terms and Conditions are a restatement of general <br /> requirements imposed upon recipients and flow down to sub-recipients as a <br /> matter of law, regulation, or executive order. If the requirement does not apply <br /> to Tribal Nations, or there is a federal law or regulation exempting its <br /> application to Tribal Nations,then the acceptance by Tribal Nations, or <br /> acquiescence to DHS Standard Terms and Conditions does not change or <br /> alter its inapplicability to a Tribal Nation.The execution of grant documents is <br /> not intended to change, alter, amend, or impose additional liability or <br /> responsibility upon the Tribal Nations where it does not already exist. <br />