NHPA § 106 and its implementing regulations impose consultation procedures for federally funded projects with potential to affect historic properties. When an applicant initiates or completes work on a project before FEMA is able to conduct the necessary EHP compliance review, it jeopardizes Public Assistance (PA) funding for the project. The Applicant did not afford FEMA an opportunity to complete the EHP review prior to commencing the debris removal work, and FEMA could not ensure compliance with section 106 of the NHPA.

The Applicant did not afford FEMA an opportunity to complete its EHP review prior to starting work on the project, and FEMA could not ensure compliance with section 106 of the NHPA. Therefore, the appeal is denied.

Stafford Act §§ 316, 403, 407. 2 C.F.R. § 200.300. 36 C.F.R. §§ 800.3-800.5. 44 C.F.R. §§ 26.223(a)(1), 206.224(a). PAPPG, at 141-142.