Article 69: Environmental & Historical Laws
(Category: environmental-and-historical-compliance)
Article Summary
Compliance with all Federal and State environmental laws is a mandatory prerequisite for maintaining grant eligibility. This article outlines the operational boundaries for key cross-cutting authorities:
- NHPA/NEPA: Evaluate project consequences and alternatives; coordinate with SHPO/THPO.
- ESA/Fish & Wildlife Coordination: Consult with USFWS and NMFS for projects modifying streams or impacting endangered habitats.
- CWA/CAA: Follow legal boundaries for pollutant discharge and dust abatement.
- CBRA/CZMA/Farmland: Minimize impacts on undeveloped coastal barriers, coastal zones, and prime agricultural soils through consistency determinations.
- Misc: Migratory Bird Treaty Act, RCRA (Waste), and EOs for floodplains, wetlands, and environmental justice.
Five Key Takeaways for CTA FEMA Compliance
- Differentiate Environmental Justice Populations under EO 12898: Review staging sites and debris locations to ensure emergency operations do not disproportionately impact low-income or minority neighborhoods.
- Verify Stream Modifications with Wildlife Agencies: Secure mandatory joint reviews with state wildlife entities, USFWS, and NMFS before executing any project that alters a natural stream bank.
- Secure Farmland Conversions Clearances: File a formal consultation package with the USDA NRCS if an improved/alternate project footprint permanently converts agricultural land to non-agricultural use.
- Confirm Coastal Management Plan Consistency: Submit a formal consistency certification to the state agency overseeing your coastal zone management program.
- Observe Strict RCRA Solid Waste Tracking: Enforce a strict manifest tracking loop for all non-hazardous and hazardous solid waste generated during disaster cleanup.
