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

Section 8: Environmental Review

Compliance
With Executive
Orders 11988
and 11990

Requirements
for Public
Notice

Page 8-6

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Executive Orders 11988, Floodplain Management, and 11990,
Protection of Wetlands, require FEMA to ensure that an eight-step
decision-making process is completed for proposed actions that are
located in or affect a floodplain or wetland. The State will assist FEMA
in complying with the eight-step process. The steps in the process, as
defined in 44 CFR Part 9, are:

CD

44 CFR
Part 9

1. Determine whether the proposed action is in the 100-year or 500-year floodplain;

2. Notify and involve the public;

3. Identify and evaluate alternatives, and where feasible, avoid locating construction
in or affecting a floodplain or wetland;

4. Identify the impact resulting from the proposed action;

5. Minimize potential adverse impacts to and restore the natural and beneficial value
of floodplains and wetlands;

6. Reevaluate to determine the practicability of the proposed action in light of other
alternatives;

7. Provide the public with the finding; and

8. Review the implementation to ensure that the requirements of the Executive order
are met.

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When potential wetland impacts are identified, FEMA will coordinate with the
applicant to ensure compliance with Clean Water Act permitting requirements.

Executive Orders 11988 and 11990 require FEMA and the State to notify the public of
most actions affecting floodplains or wetlands. In certain instances, other projects
may require a public notice if controversy or sensitive environmental issues are
involved. The State and FEMA program staff should always consult the Regional
Environmental Officer if a question arises.

Notification should occur, in coordination with applicants and States, when the project
is initially developed (initial notice) and at the end of the review phase (final notice),
prior to action. A disaster-wide notice is appropriate for some situations. A public
meeting may be appropriate if homeowners or controversy are involved.

Executive Order 12898, discussed on the following page, requires
that FEMA notify and involve affected low-income and minority
populations.

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FEMA's NEPA regulations recommend a public notice of a Finding of
No Significant Impact in some situations. See 44 CFR 10.9(e).

44 CFR 10.9(e)

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