Environmental and Historic Preservation Compliance

• EO 11988, Floodplain Management: minimize or avoid adverse impacts of occupying and modifying floodplains, and avoid supporting floodplain development wherever there is a practicable alternative. FEMA uses a systematic, documented decision process with public involvement, designed to reduce flood loss risk, protect human safety, health and welfare, and restore and preserve floodplain functions.
• FEMA’s implementing regulations are in 44 CFR Part 9, including the 8-step process.
• EO 11990, Protection of Wetlands: avoid adverse impacts from destroying or modifying wetlands and avoid supporting new construction in wetlands wherever there is a practicable alternative, using the same documented 8-step process under 44 CFR Part 9.
• EO 13112, Invasive Species: agencies must help prevent the introduction, establishment and spread of invasive species and avoid funding activities that promote them. FEMA consults state and local environmental and debris management agencies.

Information on whether the work is in or affects a floodplain or wetland, alternatives you considered, and how you prevented the spread of invasive species (for example, clean fill and inspected equipment).

• Clean Air Act: compliance may require dust abatement, vehicle emissions control, and fuel storage and distribution procedures, with more rigorous requirements in nonattainment areas. Where air quality is affected, coordinate with and obtain permits from state or local environmental agencies.
• Farmland Protection Policy Act: FEMA evaluates whether projects irreversibly convert prime, unique, or state or locally important farmland to nonagricultural uses, considers alternatives, and consults USDA NRCS where conversion is possible.
• Wild and Scenic Rivers Act: projects on designated rivers, study rivers or rivers on the Nationwide Rivers Inventory must be reviewed, with consultation with the managing agency.
• RCRA: sets the framework for safe disposal and recycling of hazardous and non-hazardous solid waste. FEMA may require proof of compliant disposal through state debris management permits or forms, landfill permit information, statements from authorities, or project-specific permits and plans.
• CERCLA (Superfund): FEMA consults EPA on projects affected by a Superfund site.

State or local air permits where air quality is affected; state debris management permits or forms, landfill permit information, or statements from authorities showing compliant disposal; and information on nearby farmland, designated rivers or Superfund sites.

• Coastal Barrier Resources Act: restricts federal assistance that encourages development in the John H. Chafee Coastal Barrier Resources System; FEMA must consult USFWS before funding work there.
• Migratory Bird Treaty Act: makes it unlawful to take listed migratory birds, live or dead, or their parts, eggs or nests without a USFWS waiver; FEMA consults USFWS on likely projects.
• Bald and Golden Eagle Protection Act: prohibits disturbing or taking eagles, their parts, nests or eggs without a USFWS permit, including altering previously used nest sites if returning eagles would be harmed.
• Magnuson-Stevens Act: FEMA must consult NOAA Fisheries when a project could adversely affect essential fish habitat.
• Marine Mammal Protection Act: prohibits take or harassment of marine mammals; FEMA consults USFWS or NOAA Fisheries.
• National Marine Sanctuaries Act: prohibits destroying or injuring sanctuary resources; prohibited activities within a sanctuary need a permit.
• Coastal Zone Management Act: projects in or near a coastal zone management area must be consistent with the state’s approved program; FEMA consults the state agency first.

Locations relative to Coastal Barrier Resources System units, marine sanctuaries and state coastal zones; any known nests (including eagle nests) or wildlife at the site; and any agency permits or authorizations.

• Clean Water Act: regulates pollutant discharges to waters of the United States (rivers, streams, lakes, ponds, coastlines, wetlands, estuaries) and sets surface water quality standards. Discharges into navigable waters require permits from the Corps or the state, and dredging or filling in waters requires authorization.
• You must acquire applicable permits before beginning work and give FEMA documentation, which may include nationwide permit compliance statements or individual Section 404 permits.
• Rivers and Harbors Act: Corps authorization is required to build any structure in or over navigable water, including bridges, causeways, dams and dikes; usually handled with the Section 404 request.
• Safe Drinking Water Act: EPA may designate sole source aquifers. FEMA must consult EPA before funding a project in a sole source aquifer review area that could contaminate it.

Section 404 individual permits or statements of compliance with nationwide permits, Rivers and Harbors Act authorizations, state water permits, and information on whether the project is in a sole source aquifer review area.

• FEMA reviews every PA project for compliance with applicable federal EHP laws, regulations and executive orders. Compliance with all federal, state, local, tribal and territorial laws is a requirement of every FEMA award; local laws such as hazardous materials rules vary and aren’t listed in Appendix D.
• Greensheet: FEMA’s disaster-specific EHP guidance, prepared at the start of each declaration, covering relevant laws, triggering project types, and federal and local laws to follow.
• NEPA: FEMA must consider environmental impacts and reasonable alternatives, with public involvement, under DHS procedures. The PAPPG notes that, effective April 11, 2025, an interim final rule removed the Council on Environmental Quality’s NEPA implementing regulations.
• NHPA Section 106: FEMA consults the SHPO or THPO and other consulting parties, often through programmatic agreements, and resolves adverse effects through avoidance, minimization or compensation.
• Endangered Species Act: FEMA consults the U.S. Fish and Wildlife Service and NOAA Fisheries so projects don’t jeopardize listed species or destroy or adversely modify critical habitat.

The greensheet for your declaration, information on historic properties affected (age, renovations, register listings), and any species or habitat information for the work sites.