FLOOD04112

• County: Statewide
• Community: Nationwide
• Basin: Statewide
• Title: Hazard Mitigation Grant Program Desk Reference
• Date: 10/1/1999
• Prepared By: FEMA
• Floodplain - Doc Type: Historic FEMA Regulatory Floodplain Information

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Other
Compliance
Considerations

Review
Under Other
Environment-
al Laws and
Executive
Orders

National
Historic
Preservation
Act

Clean Water
Act-U.S. Army
Corps of
Engineers
Permits

Section 8: Environmental Review

Even actions that qualify for a categorical exclusion must comply w~h other Federal
statutes, such as, but not limited to, the Endangered Species Act, the Clean Water
Act, the National Historic Preservation Act, etc., as well as Executive orders on
Floodplains, Wetlands, and Environmental Justice.

This section presents a brief overview of the laws and Executive orders most
frequently encountered when reviewing HMGP projects. There are many other laws
that may be relevant to a particular project.

Section 106 of the National Historic Preservation Act requires that Federal agencies
'take into account the effect of the undertaking [proposed project] may have on any
district, site, building, structure, or object that is included in or eligible for inclusion in
the National Register [of Historic Places]." FEMA, in coordination with the State
Historic Preservation Officer (SHPO), must identify resources in the area that may be
affected by the proposed HMGP project and identify effects of the actions. FEMA
must then obtain concurrence from the SHPO on the eligibility of the identified
resource and the potential to affect them. If there are adverse effects, FEMA, in
cooperation with the applicant and Grantee, enters into consultation with the SHPO
on ways to avoid or m~igate effects to cultural resources and develop a project-
specific agreement with the SHPO that identifies the agreed-upon measures to
mitigate effects. FEMA may consult the Advisory Council on Historic Preservation in
some situations.

Responsibility for compliance with the National Historic Preservation Act lies with the
Federal agency funding the project, in this case; it is FEMA. However, there may be
Programmatic Agreements in effect for certain disasters or States that reassign
responsibility for various aspects of compliance. In any case, applicants and States
assist FEMA in carrying out responsibilities under the Act.

In Managing States, the State may take a greater proactive role in identifying historic
properties and potential effects.

All projects that may affect streams, rivers, lakes, oceans, wetlands, or any waters of
the U.S., may require a U.S. Army Corps of Engineers Clean Water Act permit to
proceed. In these cases, the applicant should work with the U.S. Army Corps of
Engineers to develop the project and consider altematives to avoid impacts to
wetlands and other significant resources.

Hazard MitigatIon Grant Program Desk Reference-Draft

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