The following laws and Executive Orders (EOs) are commonly encountered federal requirements established to help protect the environment and preserve the Nation's historic and archaeological resources. FEMA reviews each Public Assistance (PA) project to ensure the work complies with applicable federal environmental and historic preservation (EHP) laws, their implementing regulations, and applicable EOs. Compliance with all federal, state, local, Tribal Nation, and territorial (SLTT) laws is a mandatory requirement of every FEMA award.
FEMA prepares a greensheet at the beginning of each emergency or disaster declaration with specific information relevant to each state and area. These greensheets serve as FEMA's disaster-specific guidance for applicants about key aspects of EHP reviews. Greensheets briefly discuss the relevant laws and project types that might trigger the application of those laws, informing applicants of the specific federal and SLTT laws that must be followed during recovery operations.
Section 102 of the National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision-making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. The White House Council on Environmental Quality publishes its NEPA regulations in Title 40 of the Code of Federal Regulations (C.F.R.) Parts 1500-1508. The U.S. Department of Homeland Security publishes policies and procedures for implementing NEPA and provides specific processes that FEMA must follow before funding a project.
Interim Final Rule: Effective April 11, 2025, an interim final rule removed the implementation of NEPA regulations. For more information related to the interim rule, reference the publication at Federal Register: Removal of National Environmental Policy Act Implementing Regulations.
Section 106 of the National Historic Preservation Act (NHPA) requires FEMA to consider the effects an undertaking will have on historic properties and provide the Advisory Council on Historic Preservation the opportunity to comment on the effects of the undertaking. Historic properties include buildings, structures, sites (including archaeological resources), objects, and districts included in, or eligible for inclusion in, the National Register of Historic Places.
FEMA fulfills its Section 106 responsibilities through consultation with and outreach to the State Historic Preservation Office (SHPO), Tribal Historic Preservation Office (THPO), and other consulting parties, including the subrecipient and recipient. In many cases, FEMA is able to streamline and accelerate the compliance process by utilizing programmatic agreements executed with the SHPO/THPO and the recipient. When FEMA-funded undertakings result in adverse effects to historic properties, Section 106 requires FEMA to consult with consulting parties to resolve the adverse effects through avoidance, minimization, or compensation measures.
The Endangered Species Act (ESA) requires federal agencies to use their authorities to conserve federally listed threatened and endangered species and critical habitats. FEMA must consult with the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration's (NOAA's) National Marine Fisheries Service (NMFS), also known as NOAA Fisheries, to ensure that proposed projects will not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat for listed species.
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States—such as rivers, streams, lakes, ponds, coastlines, wetlands, and estuaries—and sets quality standards for surface waters. The CWA makes it unlawful to discharge any pollutant from a specific source into navigable waters without the appropriate CWA permits from the U.S. Army Corps of Engineers (USACE) or a state regulatory agency.
Applicants must ensure applicable permits are acquired prior to beginning work. Documentation of compliance must be provided to FEMA and may include statements of compliance with nationwide permits (NWPs) or Individual Section 404 permits. Common work activities that may require permits under the Clean Water Act include those that involve the repair of bridges, stream crossings, docks, piers, and marinas.
The Rivers and Harbors Act requires that authorization be obtained from the USACE to construct any structure in or over any navigable water. This includes authorization for projects involving constructing or modifying bridges and causeways over navigable waters, or constructing any dam or dike in a navigable water. Typically, requests for this type of authorization are handled together with requests for authorization of projects under Section 404 of the CWA. Common work activities that may require permits under the Rivers and Harbors Act include those that involve the repair of docks, piers, and marinas.
The purpose of the Safe Drinking Water Act is to protect public health by ensuring the quality of drinking water. The law authorizes the U.S. Environmental Protection Agency (EPA) to set standards for the levels of individual contaminants allowed in drinking water. Additionally, it allows the EPA to designate aquifers that serve as the sole or principal source of drinking water for a particular area as "sole source aquifers".
Consultation Rule: For any financial assistance project that has the potential to contaminate an aquifer and that is located in the identified review area for a "sole source aquifer", FEMA must consult with the EPA before funding the project.
The Coastal Barrier Resources Act (CBRA) established the John H. Chafee Coastal Barrier Resources System (CBRS), which consists of relatively undeveloped coastal barriers along the Atlantic, Gulf, Great Lakes, and Caribbean coasts. CBRA minimizes adverse impacts to these areas by restricting federal assistance that encourages development within the CBRS. The USFWS publishes maps designating these areas, and FEMA must consult with the USFWS prior to providing PA funding for work within the CBRS.
The Coastal Zone Management Act (CZMA) provides for the management of the Nation's coastal resources through a voluntary partnership between the federal government and coastal and Great Lakes states. It requires participating states to develop state coastal zone management plans. PA projects located in or near established coastal zone management areas must be consistent with the enforceable policies of the state's federally approved coastal zone management program. Before approving a project in a coastal zone area, FEMA consults with the state agency overseeing the implementation of the CZMA plan to ensure consistency with the program's provisions.
The Clean Air Act (CAA) protects the Nation's air through the reduction of smog and atmospheric pollution. Air quality compliance often requires specific measures to be implemented, such as dust abatement, vehicle emissions control, fuel storage, and distribution procedures.
Additional, more rigorous compliance measures are required in "nonattainment areas," which are defined as those areas that do not meet national standards for air quality. For projects where there is an impact to air quality, applicants should coordinate with and obtain any necessary permits from applicable state or local environmental agencies approving the action.
The Farmland Protection Policy Act is intended to minimize the extent to which federal programs contribute to the irreversible conversion of prime or unique farmland, or land of statewide or local importance, to nonagricultural uses. It ensures that federal programs are administered in a manner compatible with state, local, and private programs and policies to protect farmland. The Act and U.S. Department of Agriculture (USDA) implementing procedures require FEMA to evaluate whether projects it funds convert such farmland and to consider alternative actions that could avoid adverse effects. For projects with the potential to convert farmland, FEMA must consult with the USDA Natural Resources Conservation Service (NRCS) to identify potential impacts.
The Wild and Scenic Rivers Act protects the free-flowing condition of rivers and tributaries that are part of the National Wild and Scenic Rivers System, or are under study for inclusion in the System because of their scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values. Rivers and tributaries under study are listed on the Nationwide Rivers Inventory or have been formally identified as Study Rivers. If a proposed project is located on a covered river or tributary, FEMA must review it for compliance and consult directly with the managing agency for the affected designated river or tributary.
The Migratory Bird Treaty Act makes it unlawful to pursue, hunt, take, capture, kill, or sell migratory birds listed in the statute without an official waiver from the USFWS. The statute does not discriminate between live or dead birds and grants full legal protection to any bird parts, including feathers, eggs, and nests. FEMA consults with the USFWS regarding any PA projects likely to trigger compliance with this Act.
The Bald and Golden Eagle Protection Act prohibits any person from pursuing, capturing, killing, wounding, disturbing, or otherwise taking bald eagles or golden eagles, including their parts (e.g., feathers), nests, or eggs, unless authorized by a permit from the USFWS.
Disturbance Restriction: The prohibition on disturbance applies to nests and previously used nest sites when eagles are not actively present, if an eagle were to return and such alterations would lead to injury, death, or nest abandonment. FEMA consults with the USFWS regarding projects where impacts to bald or golden eagles may occur.
The Magnuson-Stevens Fishery Conservation and Management Act is the primary law for managing and maintaining sustainable fisheries in waters of the United States. It protects essential fish habitat, which includes the waters and substrate necessary to maintain healthy fisheries. FEMA must consult with the NMFS when any proposed PA project could have an adverse effect on "essential fish habitat," which is defined as any impact that reduces the quality or quantity of that habitat.
The Marine Mammal Protection Act prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters or by U.S. citizens on the high seas, blocking attempts to hunt, capture, kill, or harass them. The law authorizes the NMFS or USFWS (depending on the species in question) to issue incidental take permits and incidental harassment authorizations. FEMA consults with the USFWS/NMFS regarding projects where impacts to marine mammals may occur.
The National Marine Sanctuaries Act (NMSA), part of the Marine Protection, Research and Sanctuaries Act, authorizes the Secretary of Commerce to designate and manage areas of the marine environment as National Marine Sanctuaries (NMS), which NOAA administers. The NMSA prohibits destroying, injuring, or causing the loss of any "sanctuary resource," which is defined as any living or nonliving resource of an NMS that contributes to its conservation, recreational, ecological, historical, educational, cultural, archaeological, scientific, or aesthetic value. A formal permit is required to conduct any activity within a sanctuary that is otherwise prohibited.
The Resource Conservation and Recovery Act (RCRA) established a framework for federal, state, and local cooperation for controlling the management of hazardous and non-hazardous solid waste. The EPA's role is to establish minimum regulatory standards, usually implemented by the states, which can establish their own more stringent requirements for solid waste management. RCRA requires the safe disposal of waste materials, promotes the recycling of waste materials, and encourages cooperation with local agencies.
FEMA may require proof of compliant disposition as part of project closure. Acceptable verification includes state debris management permits/forms, landfill permit information, written statements from appropriate authorities, or project-specific permits and plans.
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as Superfund, authorizes the federal government to respond to releases or threatened releases of hazardous substances into the environment through short-term removals and long-term remedial response actions. Superfund triggered the development of the National Priorities List, a ranking of national priorities among sites with known or threatened releases of hazardous contaminants.
The 1986 amendments to CERCLA included the Emergency Planning and Community Right-to-Know Act (EPCRA), which creates mechanisms to help local communities plan for chemical emergencies. FEMA will consult directly with the EPA on projects affected by or located near a designated Superfund site.
EO 11988 requires federal agencies to minimize or avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modifications of floodplains, and to avoid direct and indirect support of floodplain development wherever there is a practicable alternative. It requires federal agencies to use a systematic decision-making process to evaluate the potential effects of projects located in or affecting floodplains, document each step of the process, and involve the public.
This protective review process is designed to achieve three primary environmental goals:
FEMA publishes its implementing regulations for EO 11988 in 44 C.F.R. Part 9, Floodplain Management and Protection of the Wetlands. These regulations set forth the policy, procedures, and responsibilities to implement and enforce the EO, including the systematic decision-making process referred to as the 8-step process.
EO 11990 requires federal agencies to avoid to the extent possible, the long- and short-term adverse impacts associated with the destruction or modification of wetlands, and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative. To meet these objectives, EO 11990 requires federal agencies to use a systematic decision-making process to evaluate the potential effects of projects in or affecting wetlands, document each step of the process, and involve the public in the decision-making process.
FEMA publishes its implementing regulations for EO 11990 in 44 C.F.R. Part 9, Floodplain Management and Protection of the Wetlands. These regulations set forth the policy, procedures, and responsibilities to implement and enforce the EO, including the systematic 8-step decision-making process.
EO 13112 requires agencies to use their programs and authorities to help prevent the introduction, establishment, and spread of invasive species; respond to invasive species outbreaks; restore native species in areas invaded by invasive species; promote public education related to invasive species control; and avoid authorizing, funding, or carrying out activities that promote the introduction, establishment, or spread of invasive species. FEMA consults directly with state and local environmental and debris management agencies to ensure projects comply with the mandates of EO 13112.
Compliance CTA: For Executive Order 11990, Protection of Wetlands, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Executive Order 11988, Floodplain Management, document the decision basis before obligation. Support repair/replacement calculations, relocation authority, 8-step floodplain/wetland review, NFIP and obtain-and-maintain insurance requirements, substantial damage or code-enforcement work, and any sale, lease, or disposition limitations tied to the original site.
Compliance CTA: For Comprehensive Environmental Response, Compensation and Liability Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Resource Conservation and Recovery Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Wild and Scenic Rivers Act ., start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Farmland Protection Policy Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Coastal Zone Management Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For National Marine Sanctuaries Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Marine Mammal Protection Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Magnuson-Stevens Fishery Conservation and Management Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Bald and Golden Eagle Protection Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Migratory Bird Treaty Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Coastal Barrier Resources Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Clean Air Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Safe Drinking Water Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Rivers and Harbors Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Clean Water Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For Endangered Species Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For National Historic Preservation Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.
Compliance CTA: For National Environmental Policy Act, start EHP screening during scoping, not after construction. Identify ground disturbance, floodplain/wetland, historic, threatened species, coastal, water, air, hazardous materials, and other resource impacts; obtain required reviews or permits; follow FEMA conditions; and retain correspondence and approvals before work proceeds where required.