[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38911-38913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10042]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0027]


Programmatic/Class Floodplain Review Procedures for Specific 
Preparedness Grant Projects

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Final notice.

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SUMMARY: On October 4, 2023, FEMA published a notice requesting public 
comment on its determination that a programmatic/class review is 
appropriate for six categories of activities, in specific grant 
programs that do not have an adverse impact, individually or 
cumulatively, on floodplain values placing property and persons at 
risk. FEMA received no comments and is now publishing final notice of 
its determination in compliance with Federal regulations.

FOR FURTHER INFORMATION CONTACT: Frederick Holycross, Coordinator, 
Grant Programs Directorate, Environmental Planning and Historic 
Preservation, FEMA, [email protected], or 202-812-4938.

SUPPLEMENTARY INFORMATION:

I. Background

    FEMA's floodplain management regulations are found at 44 CFR part 
9. Part 9 sets forth the policy, procedure, and responsibilities to 
implement and enforce Executive Order 11988, Floodplain Management.\1\ 
Part 9 sets forth an eight-step process which FEMA must follow when 
taking actions in floodplains \2\ which have the potential to affect 
floodplains or their occupants, or which are subject to potential harm 
by location in floodplains.\3\ FEMA completes the eight-step process 
for each action it is taking in a floodplain as part of the 
comprehensive environmental and historic preservation (EHP) compliance 
reviews that are required for all projects funded under its disaster 
and non-disaster grant programs.\4\
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    \1\ ``This regulation sets forth the policy, procedure, and 
responsibilities to implement and enforce Executive Order 11988, 
Floodplain Management, and Executive Order 11990, Protection of 
Wetlands.'' 44 CFR 9.1.
    \2\ The 8-step process set forth in 44 CFR part 9 also governs 
agency actions that take place in wetlands.
    \3\ 44 CFR 9.5(a)(1).
    \4\ See generally FEMA's website at Environmental Planning and 
Historic Preservation for a description of the EHP process and the 
applicable regulations, directives, and legal mandates which govern 
it. (Last accessed on April 12, 2024.)
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    For such actions, FEMA is required to take the following steps: (1) 
determine whether the proposed action is located in the 100-year 
floodplain (500-year floodplain for critical actions), and whether it 
has the potential to affect or be affected by the floodplain; \5\ (2) 
notify the public at the earliest possible time of the intent to carry 
out an action in a floodplain, and involve the affected and interested 
public in the decision-making process; (3) identify and evaluate 
practicable alternatives to locating the proposed action in a 
floodplain (including alternative sites, actions and the ``no action'' 
option); (4) identify the potential direct and indirect impacts 
associated with the occupancy or modification of floodplains and the 
potential direct and indirect support of floodplain development that 
could result from the proposed action; (5) minimize the potential 
adverse impacts and support to or within floodplains to be identified 
under Step 4, restore and preserve the natural and beneficial values 
served by floodplains; (6) reevaluate the proposed action to determine 
first, if it is still practicable in light of its exposure to flood 
hazards, the extent to which it will aggravate the hazards to others, 
and its potential to disrupt floodplain values and second, if 
alternatives preliminarily rejected at Step 3 are practicable in light 
of the information gained in Steps 4 and 5; (7) prepare and provide the 
public with a finding and public explanation of any final decision that 
the floodplain is the only practicable alternative; and (8)

[[Page 38912]]

review the implementation and post-implementation phases of the 
proposed action to ensure that the minimization requirements are fully 
implemented.\6\
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    \5\ Any project considered for streamlined process will also be 
subject to a determination of whether the proposed action is located 
in a wetland and/or floodplain.
    \6\ 44 CFR 9.6.
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    FEMA completes the eight-step process for each action it is taking 
in a floodplain as part of the comprehensive environmental and historic 
preservation (EHP) compliance reviews that are required for all 
projects funded under its disaster and non-disaster grant programs.\7\ 
The implementing guidance for E.O. 11988 (Guidelines) allows for an 
altered or shortened decision-making floodplain evaluation ``class 
review'' process for certain routine or recurring actions, known as 
repetitive actions.\8\ Class reviews or programmatic approaches allow 
for efficient and effective ways to meet EHP requirements, including 
floodplain reviews.
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    \7\ See generally FEMA's website at Environmental Planning and 
Historic Preservation for a description of the EHP process and the 
applicable regulations, directives, and legal mandates which govern 
it. (Last accessed on April 12, 2024).
    \8\ See Guidelines for Implementing Executive Order 11988, 
Floodplain Management, and Executive Order 13690, Establishing a 
Federal Flood Risk Management Standard and a Process for Further 
Soliciting and Considering Stakeholder Input at 44.
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    In considering whether to undertake such a review, the Guidelines 
instruct Federal agencies to examine past actions that have been 
reviewed on an individual basis with public notice and opportunity to 
comment.\9\ If the individual reviews have indicated uniformly that the 
actions would not have an adverse impact individually or cumulatively 
on floodplain values placing property and persons at risk, and little 
or no public comments to the contrary were received, a class review to 
streamline agency coordination and processing efforts may be 
appropriate.\10\ Agencies may conduct class reviews of routine or 
recurring actions when: (1) consideration of whether to locate in a 
floodplain is substantially similar; (2) there is no practicable 
alternative(s), consistent with any Executive Orders and applicable 
agency codes, to siting in a floodplain for each action within the 
class; and (3) all practical measures to minimize harm to the 
floodplain are included in the review criteria that, if followed, will 
minimize any adverse impacts that may be associated with the individual 
actions covered in the class review.\11\
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    \9\ Id.
    \10\ Id.
    \11\ Id.
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    FEMA reviewed six project categories from 13 grant programs and 
determined they were appropriate for the shortened class review 
procedures.\12\ For the specific project categories, FEMA completed 
steps 3-6 of the eight-step process by cumulatively considering the 
potential that the project types might directly or indirectly have 
adverse impacts to floodplains, might promote floodplain development 
directly or indirectly, and whether there could be any practicable 
alternative locations or actions. FEMA determined that the projects 
would not have direct or indirect adverse impacts to floodplains, would 
not promote floodplain development directly or indirectly, and that 
there were no practicable alternatives outside the floodplain. On 
October 4, 2023, FEMA published an initial notice of its determination; 
the comment period closed November 3, 2023, with no comments 
received.\13\
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    \12\ See 88 FR 68644.
    \13\ 88 FR 68644.
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II. Final Notice: Compliance With Step 7 of the Eight-Step Process

    Step 7 of the eight-step process requires FEMA to prepare and 
provide the public with a finding and public explanation of any final 
decision that the floodplain is the only practicable alternative for 
the identified actions.\14\ The final notice is required to include the 
following: (1) a statement of why the proposed action must be located 
in an area affecting or affected by a floodplain or a wetland; (2) a 
description of all significant facts considered in making this 
determination; (3) a list of the alternatives considered; (4) a 
statement indicating whether the action conforms to applicable State 
and local floodplain protection standards; (5) a statement indicating 
how the action affects or is affected by the floodplain and/or wetland, 
and how mitigation is to be achieved; (6) identification of the 
responsible official or organization for implementation and monitoring 
of the proposed action, and from whom further information can be 
obtained; and (7) a map of the area or a statement that such map is 
available for public inspection, including the location at which such 
map may be inspected and a telephone number to call for 
information.\15\
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    \14\ 44 CFR 9.6(b); 9.12.
    \15\ 44 CFR 9.12(e).
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    FEMA reviewed six project categories that must be located in the 
floodplain because the project categories involve modifications of 
structures or features that currently exist in the floodplain.\16\ 
Within these project categories, FEMA conducted a review of 570 project 
types funded through the Grant Programs Directorate \17\(GPD) from 2008 
to 2023 that previously received floodplain reviews on an individual 
basis. The results of those individual reviews indicate that these 
identified types of activities will not have an adverse impact on 
floodplain values and that the activities should remain in the 
floodplain because they support existing facilities or structures. FEMA 
did not receive public comments suggesting that there would be impacts 
or that the activities should not be located in the floodplain. FEMA 
did not consider alternative sites outside of the floodplain because 
the projects are small-scale security improvements or modifications 
made to existing facilities or structures. There are no practicable 
alternatives because the existing facility or structure would need to 
be relocated outside the floodplain and no alternative actions would 
serve the same purpose and have less potential to affect or be affected 
by the floodplain.
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    \16\ See 88 FR 68644; FEMA's class review does not apply to 
actions located in regulatory floodways or coastal high hazard 
areas, including V/VE Zones; construction of new buildings, 
structures, infrastructure or facilities.
    \17\ GPD's mission is to deliver and support grant programs that 
help the Nation before, during and after disasters to make the 
country more resilient. GPD administers and manages FEMA grants to 
ensure critical and measurable results for customers and 
stakeholders, while also ensuring transparency in the grant process; 
consolidates the grant business operations, systems, training, 
policy and oversight of all FEMA grants; establishes and promotes 
consistent outreach and communication with State, local, Tribal and 
territorial (SLTTs) stakeholders; and offers information about 
FEMA's preparedness grants funding provided to SLTT governments in 
the form of non-disaster grants. For more information, please visit 
https://www.fema.gov/about/offices/grant-programs.
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    FEMA will condition grant funding for the listed activities in 
accordance with local floodplain ordinances and applicable codes and 
standards. The activities will not alter floodplain characteristics nor 
materially extend the life of existing structures or facilities. The 
activities will not modify the floodplain or increase the risk of flood 
loss. Construction associated with the listed activities may create 
short term, direct adverse impacts through the discharge of runoff 
water containing pollutants and sediment into a floodplain. The 
installation of temporary structures may create temporary, direct 
impacts to the floodplain by affecting flow characteristics and by 
capturing debris. However, mitigation of the short-term, direct adverse 
impacts associated with construction activities will be achieved 
through the application of typical construction practices including 
runoff controls.
    For covered activities in participating National Flood Insurance 
Program

[[Page 38913]]

(NFIP) communities, FEMA will require a floodplain development permit 
or documentation from the local floodplain administrator that the work 
is consistent with NFIP requirements.\18\ FEMA will include a condition 
for all projects located in the floodplain that the Recipient and sub 
recipient must coordinate with the local floodplain administrator/
permitting official to obtain any required permitting. Further 
information about these activities can be obtained from GPD, at 
[email protected]. When FEMA provides funding for these 
activities, a map of the location may be available at 
[email protected].
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    \18\ Created by Congress in 1968, the NFIP provides insurance to 
help reduce the socio-economic impact of floods. Flood insurance is 
a separate policy that can cover buildings, the contents in a 
building, or both. The NFIP provides flood insurance to property 
owners, renters, and businesses, and having this coverage helps them 
recover faster when floodwaters recede. The NFIP is a public-private 
partnership between the Federal Government, the property and 
casualty insurance industry, States, local officials, lending 
institutions, and property owners. The NFIP is administered by FEMA, 
while insurance policies are sold and serviced by a network of more 
than 50 insurance companies and the NFIP Direct. For more 
information, please visit floodsmart.gov.
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    This serves as FEMA's final public notice that the floodplain is 
the only practicable alternative for the six categories of activities 
in the thirteen specified grant programs identified in its October 4, 
2023 initial notice.\19\ Pursuant to 44 CFR 9.12(f), FEMA will wait 15 
days from the date of this determination to carry out any actions 
subject to this notice.
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    \19\ 88 FR 86844; the non-disaster preparedness grant programs 
to which FEMA's determination applies are as follows: (1) Assistance 
to Firefighters Grant Program; (2) Fire Prevention and Safety Grant 
Program; (3) Staffing for Adequate Fire and Emergency Response Grant 
Program; (4) Nonprofit Security Grant Program; (5) Tribal Homeland 
Security Grant Program; (6) Emergency Management Performance Grant 
Program; (7) Operation Stonegarden; (8) State Homeland Security 
Program; (9) Urban Area Security Initiative; (10) Intercity Bus 
Security Grant Program; (11) Intercity Passenger Rail Program; (12) 
Port Security Grant Program; and (13) Transit Security Grant 
Program.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-10042 Filed 5-7-24; 8:45 am]
BILLING CODE 9111-78-P