[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76219-76221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24348]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Revision of HHS National Environmental Policy Act Compliance 
Procedures To Incorporate Federal Flood Risk Management Standard 
Procedures

AGENCY: Assistant Secretary for Administration, U.S. Department of 
Health and Human Services (HHS).

ACTION: Notice; request for comments.

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SUMMARY: HHS is proposing a revision to its floodplain management 
procedures to include climate science if an action takes place in a 
floodplain.

DATES: Interested parties should submit written comments to FOR FURTHER 
INFORMATION CONTACT section shown below on or before December 6, 2023 
to be considered in the formation of the final procedures.

FOR FURTHER INFORMATION CONTACT: CDR Leo Angelo Gumapas, Environmental 
Engineering Program Chief, at 202-669-6942 or by email at 
[email protected], for clarification of content.

SUPPLEMENTARY INFORMATION: 

Background

    E.O. 13690 of January 30, 2015--Establishing a Federal Flood Risk 
Management Standard and a Process for Further Soliciting and 
Considering Stakeholder Input--was issued to improve the nation's 
resilience to flooding and to better prepare for the impacts of climate 
change. In amending and building upon E.O. 11988--Floodplain 
Management--which was issued in 1977, E.O. 13690 and the associated 
FFRMS reinforce the important tenets and concepts articulated in E.O. 
11988, such as avoiding actions in or impacting a floodplain and 
minimizing potential harm if an action must be located in a floodplain. 
When avoiding a floodplain is not possible, E.O. 13690 calls for 
agencies to improve the resilience of communities and federal actions.
    On August 15, 2017, E.O. 13807 was issued, which revoked E.O. 
13690. Accordingly, the ``Revised Guidelines for Implementing Executive 
Order 11988, Floodplain Management'' and its supplementary policy were 
withdrawn. On May 20, 2021, E.O. 14030, reinstated E.O. 13690 and all 
supplementary policies.
    HHS's current floodplain management procedures are published in the 
General Administration Manual Part 30: Environmental Protection (GAM-
30) section 30-40-40 Floodplain Management, and they are based on E.O. 
11988. The GAM-30 was last updated on February 25, 2000, and it is 
based on outdated laws and regulations. Program Support Center (PSC) 
 Real Estate, Logistics, Operations (RLO)  Real 
Property Management Service (RPMS)  Real Property Policy and 
Strategy (RPPS) drafted HHS FFRMS procedures based on E.O. 13690 to 
update GAM-30 Section 30-40-40 Floodplain Management.
    The Council on Environmental Quality (CEQ) reviewed HHS's FFRMS 
procedures and provided favorable comments on December 2022.

Procedure Revisions

Revised General Administration Manual, HHS Part 30, Environmental 
Protection

Part 30--Environmental Protection

30-40 Natural Asset Review
30-40-40 Floodplain Management


[[Page 76220]]


    Purpose: Executive Order (E.O.) 13690 on Establishing a Federal 
Flood Risk Management Standard (FFRMS) and a Process for Further 
Soliciting and Considering Stakeholder Input (2015), establishes a 
Federal Flood Risk Management Standard to ensure each Federal agency 
takes actions to enhance the Nation's resilience to current and future 
flooding and better prepare the United States for the impacts of 
climate change, such as sea level rise and extreme weather events. E.O. 
13690 and the associated FFRMS amended and built upon E.O. 11988 on 
Floodplain Management (1977), which requires agencies to take action to 
reduce the risk of flood loss, to minimize the impacts of floods on 
human safety, health, and welfare, and to restore and preserve the 
natural and beneficial values served by floodplains. E.O. 13690 
modernizes E.O. 11988 by increasing the vertical flood elevation and 
expanding corresponding horizontal extent of the floodplain to consider 
changing flood hazards due to climate change and other processes, and 
by encouraging climate-conscious resilient design if there are no 
practicable locations outside the expanded floodplain.

Definitions

    Base Flood. ``Base Flood'' means that flood which has a one percent 
of greater chance of occurrence in any given year.
    Base Flood Elevation (BFE). ``BFE'' means the computed elevation to 
which the floodwater is anticipated to rise during the base flood.
    Base Floodplain. ``Floodplain'' means the area subject to flooding 
by the base flood, the flood that has a one percent or greater chance 
of flooding in any given year.
    Climate-Informed Science Approach (CISA). ``CISA'' means the flood 
hazard area (vertical flood elevation and corresponding horizontal 
extent) that results from using the best-available, actionable 
hydrologic and hydraulic data and methods that integrate current and 
future changes in flooding based on climate science.
    Critical Action. ``Critical Action'' means any activity for which 
even a slight chance of flooding is too great, e.g., elderly housing 
proposals.
    Federal Flood Risk Management Standard (FFRMS). ``FFRMS'' means the 
floodplain determined using one of the three approaches: CISA, 0.2PFA, 
and FVA.
    Freeboard Value Approach (FVA). ``FVA'' means the flood hazard area 
that results from adding an additional 2 feet to the BFE and expanding 
to the corresponding horizontal extent for non-critical actions, and by 
adding an additional 3 feet to the BFE and expanding to the 
corresponding horizontal extent for critical actions.
    Horizontal Extent. ``Horizontal Extent'' means the horizontal land 
area flooded by the vertical extent (extra flood elevation beyond the 
BFE).
    Nature-Based Approach. HHS OPDIVs/STAFFDIVs, where possible, must 
use natural systems, ecosystem processes, and natural features and 
nature-based approaches in development of alternatives for proposed 
action.
    Vertical Extent. ``Vertical Extent'' means the additional flood 
height above the BFE.
    0.2-Percent-Annual-Chance (500-year) Flood Approach (0.2PFA). 
``0.2PFA'' means the area subject to flooding by the 0.2-percent annual 
chance flood.
    Responsibilities: Each OPDIV/STAFFDIV has the responsibility under 
E.O. 13690 to act on Federally Funded Projects to reduce the risk of 
flood loss, to minimize the impact of floods on human safety, health, 
and welfare, and to restore and preserve the natural and beneficial 
values served by floodplains in carrying out its responsibilities for:

Acquiring, managing, and disposing of Federal lands and facilities
Providing Federally undertaken, financed, or assisted construction, 
substantial improvements, and substantial damages to structures and 
facilities
Conducting Federal activities and programs affected land use, including 
but not limited to, water and related land resources planning, 
regulating, and licensing activities.
    Each OPDIV/STAFFDIV shall determine whether the site in which their 
action would occur could potentially be inundated by floodwaters using 
FFRMS and shall use this information to make an informed decision to 
either avoid siting in the determined flood hazard area or design the 
action to be more resilient to the associated flood hazard. Each OPDIV/
STAFFDIV shall evaluate the potential effects of any actions it may 
take in a FFRMS floodplain in accordance with the floodplain assessment 
procedures in this section. It must also ensure that its planning 
programs and budget requests reflect consideration of flood hazards and 
floodplain management.
    Integration with NEPA. OPDIVs/STAFFDIVs are to evaluate the 
potential effects of a proposed action in a floodplain in accordance 
with the procedures for National Environmental Policy Act (NEPA) review 
in HHS General Administration Manual Part 30-50. If an environmental 
assessment (EA) or environmental impact statement (EIS) is required to 
be prepared for the proposed action, a floodplain assessment as 
described Paragraph E of this section, shall be included in the EA or 
EIS.

Floodplain Assessment (E.O. 13690)

    Determine if Proposed Action is in a FFRMS floodplain: First, 
determine if Federally Funded Project is a critical action, which 
impacts floodplain determinations for the FVA approach. Second, 
evaluate the vertical extent and corresponding horizontal extent to 
establish the FFRMS floodplain using one of the three approaches in the 
following is the order of preference pending data availability:

CISA
0.2PFA
FVA

    Involve Public in Decision-making Process: Notify the public such 
as a notice in a local newspaper or posting in an accessible public 
space for the area where the action is under consideration. Public 
notifications and all supporting communications and activities should 
be accessible to all (e.g., plain language, culturally responsive, and 
accommodating), including but not limited to those with disabilities or 
limited English proficiency. All public notifications are required to 
follow all guidance and regulation regarding 508 compliance, the use of 
plain language, and limited English proficiency. If completing an EA or 
EIS, then include floodplain notice in Description of Proposed Action 
and Alternatives or Notice of Intent, respectively.
    Identify and Evaluate Practicable Alternatives to Locating in FFRMS 
Floodplain: OPDIVs/STAFFDIVs shall use input from public comments on 
practicable alternatives, including, if possible, nature-based 
solutions.
    Identify Adverse and Beneficial Impacts: Identify adverse and 
beneficial impacts, including stimulating floodplain development, which 
may result from the project. Analyze the following factors: (1) Natural 
environment (water resources, hydrology, topography, habitat); (2) 
Social concerns (environmental justice, visual quality/aesthetics, 
historic and cultural values, land use patterns), (3) Economic Aspects 
(costs of construction, transportation, relocation, natural features, 
and ecosystem processes), and (4) Legal considerations (deeds, leases).
    Mitigate Adverse Impacts: Minimize impacts identified and restore 
and preserve the beneficial values served by

[[Page 76221]]

floodplains. The analysis shall discuss the following: Alternatives to 
the proposed action that may avoid adverse effects and incompatible 
development in the floodplain, including the alternatives of no action 
or location at an alternate site. Proposed buildings and structures 
located in FFRMS floodplain shall be programmed and designed to latest 
version of the American Society of Civil Engineers ``Flood Resistant 
Design and Construction'' (ASCE/SEI 24-14) provisions to mitigate the 
adverse effects of the proposed action.
    Senior Real Property Official Approval: No action shall take place 
involving HHS Federal Real Property in an FFRMS floodplain without a 
finding by the Senior Real Property Officer that the only practicable 
alternative consistent with the law and with the policy set forth in 
E.O. 13690 requires siting in a FFRMS floodplain. The action involving 
HHS Federal Real Property proposed for Senior Real Property Official 
approval shall be designed to minimize potential harm to or within the 
FFRMS floodplain. The Senior Real Property Official shall approve 
proposed actions requiring an EA or EIS on projects involving HHS 
Federal Real Property affecting FFRMS floodplains.
    Re-Evaluate Alternatives: Use any new information obtained from 
Public Notice to determine if the proposed project is still applicable. 
Reissue public notice with Finding of No Significant Impact or Record 
of Decision if EA or EIS is drafted, respectively.
    Announce and Explain Decision to the Public (Notice): Notify the 
public of the draft decision by publishing such as a notice in a local 
newspaper or posting in an accessible public space, dating the notice 
and the posting at removal.
    For programs subject to E.O. 12372, the public notice shall be sent 
to the appropriate state and local reviewing agencies the geographic 
areas affected. A public review period of 30 days after the issuance of 
the public notice shall be allotted before any action is taken.
    Implement the Proposed Federally Funded Project: Implement the 
Federally Funded Project with appropriate mitigation measures. Design 
and construction contracts shall include any mitigation measures are 
identified through the process. Ensure through independent 3rd party 
construction quality assurance that mitigation measures are fully 
implemented.
    Licenses, permits, loans, or grants: Each OPDIV/STAFFDIV shall take 
FFRMS into account when formulating or evaluating any water and land 
use plans and shall require land and water resources use appropriate 
risk management measures to mitigate the degree of hazard involved. 
Adequate provision shall be made for the evaluation and consideration 
of flood hazards determined by FFRMS for the licenses, permits, loan, 
or grant-in-aid programs that an OPDIV/STAFFDIV administers. OPDIVs/
STAFFDIVs shall also encourage and provide appropriate guidance to 
applicants to evaluate the effects of their proposal in FFRMS 
floodplains prior to submitting applications for Federal licenses, 
permits, loans, or grants.
    Authorization or Appropriation Requests: OPDIVs/STAFFDIVs shall 
indicate in any requests for new authorizations or appropriations 
whether the proposed action is in accord with Executive Order 13690 if 
the proposed action will be in a floodplain.
    Guidance: The following resources provides guidance for 
Implementation of FFRMS. FFRMS Floodplain Determination Job Aid.
    Reducing Flood Losses through the International Codes: Coordinating 
Building Codes and Floodplain Management Regulations, 5th Edition, 
September 2019
    Protecting Building Utility Systems from Flood Damage: Principles 
and Practices for the Design and Construction of Flood Resistant 
Building Utility Systems, Federal Emergency Management Agency (FEMA) P-
348, Edition 2, February 2017

Cheryl R. Campbell,
Assistant Secretary for Administration.
[FR Doc. 2023-24348 Filed 11-3-23; 8:45 am]
BILLING CODE 4150-24-P