44 CFR Part 10

Federal Emergency Management Agency, DHS

§ 10.1

APPENDIX A TO PART 9—DECISION-MAKING PROCESS FOR E.O. 11988

10.13
10.14

PART 10—ENVIRONMENTAL
CONSIDERATIONS

AUTHORITY: 42 U.S.C. 4321 et seq.; E.O. 11514
of March 7, 1970, 35 FR 4247, as amended by E.
O. 11991 of March 24, 1977, 3 CFR, 1977 Comp.,
p. 123; Reorganization Plan No. 3 of 1978, 43
FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127
of March 31, 1979, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148 of July 20, 1979, 44
FR 43239, 3 CFR, 1979 Comp., p. 412, as amended.

Subpart A—General
Sec.
10.1
10.2
10.3
10.4

Emergencies.
Flood plains and wetlands.

Background and purpose.
Applicability and scope.
Definitions.
Policy.

Subpart B—Agency Implementing
Procedures

SOURCE: 45 FR 41142, June 18, 1980, unless
otherwise noted.

10.5 Responsibilities.
10.6 Making or amending policy.
10.7 Planning.
10.8 Determination of requirement for environmental review.
10.9 Preparation of environmental assessments.
10.10 Preparation of environmental impact
statements.
10.11 Environmental information.
10.12 Pre-implementation actions.

Subpart A—General
§ 10.1

Background and purpose.

(a) This part implements the Council
on Environmental Quality (CEQ) regulations (National Environmental Policy Act Regulations, 43 FR 55978 (1978))
and provides policy and procedures to

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EC02FE91.074

87

§ 10.2

44 CFR Ch. I (10–1–14 Edition)
gation and flood insurance, it does so
in a manner consistent with national
environmental policies. Care shall be
taken to assure, consistent with other
considerations of national policy, that
all practical means and measures are
used to protect, restore, and enhance
the quality of the environment, to
avoid or minimize adverse environmental consequences, and to attain the
objectives of:
(1) Achieving use of the environment
without degradation, or undesirable
and unintended consequences;
(2) Preserving historic, cultural and
natural aspects of national heritage
and maintaining, wherever possible, an
environment that supports diversity
and variety of individual choice;
(3) Achieving a balance between resource use and development within the
sustained carrying capacity of the ecosystem involved; and
(4) Enhancing the quality of renewable resources and working toward the
maximum attainable recycling of depletable resources.
(b) FEMA shall:
(1)
Assess
environmental
consequences of FEMA actions in accordance with §§ 10.9 and 10.10 of this part
and parts 1500 through 1508 of the CEQ
regulations;
(2) Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social
sciences, and environmental considerations, in planning and decisionmaking
where there is a potential for significant environmental impact;
(3) Ensure that presently unmeasured
environmental amenities are considered in the decisionmaking process;
(4) Consider reasonable alternatives
to recommended courses of action in
any proposal that involves conflicts
concerning alternative uses of resources; and
(5) Make available to States, counties, municipalities, institutions and
individuals advice and information useful in restoring, maintaining, and enhancing the quality of the environment.

enable Federal Emergency Management Agency (FEMA) officials to be informed of and take into account environmental considerations when authorizing or approving major FEMA actions
that significantly affect the environment in the United States. The Council
on Environmental Quality Regulations
implement the procedural provisions,
section 102(2), of the National Environmental Policy Act of 1969, as amended
(hereinafter NEPA) (Pub. L. 91–190, 42
U.S.C. 4321 et seq.), and Executive Order
11991, 42 FR 26967 (1977).
(b) Section 1507.3, Council on Environmental Quality Regulations (National Environmental Policy Act Regulations, 43 FR 55978 (1978)) directs that
Federal agencies shall adopt procedures to supplement the CEQ regulations. This regulation provides detailed
FEMA implementing procedures to
supplement the CEQ regulations.
(c) The provisions of this part must
be read together with those of the CEQ
regulations and NEPA as a whole when
applying the NEPA process.
§ 10.2 Applicability and scope.
The provisions of this part apply to
the Federal Emergency Management
Agency, (hereinafter referred to as
FEMA) including any office or administration of FEMA, and the FEMA regional offices.
§ 10.3 Definitions.
(a) Regional Administrator means
the Regional Administrator of the Federal Emergency Management Agency
for the region in which FEMA is acting.
(b) The other terms used in this part
are defined in the CEQ regulations (40
CFR part 1508).
(c) Environmental Officer means the
Director, Office of Environmental
Planning and Historic Preservation,
Mitigation Directorate, or his or her
designee.
[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982; 50 FR 40006, Oct. 1,
1985; 74 FR 15336, Apr. 3, 2009]

§ 10.4 Policy.
(a) FEMA shall act with care to assure that, in carrying out its responsibilities, including disaster planning,
response and recovery and hazard miti-

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Federal Emergency Management Agency, DHS

§ 10.5

(5) Publish the required notices in
the FEDERAL REGISTER;
(6) Provide assistance in the preparation of environmental assessments and
impact statements and assign lead
agency responsibility when more than
one FEMA office or administration is
involved;
(7) Direct the preparation of environmental documents for specific actions
when required;
(8) Comply with the requirements of
this part when the Administrator of
FEMA promulgates regulations, procedures or other issuances making or
amending Agency policy;
(9) Provide, when appropriate, consolidated FEMA comments on draft
and final impact statements prepared
for the issuance of regulations and procedures of other agencies;
(10) Review FEMA issuances that
have environmental implications;
(11) Maintain liaison with the Council on Environmental Quality, the Environmental Protection Agency, the
Office of Management and Budget,
other Federal agencies, and State and
local groups, with respect to environmental analysis for FEMA actions affecting the environment.
(c) The Heads of the Offices, Directorates, and Administrations of FEMA
shall:
(1)
Assess
environmental
consequences of proposed and on-going
programs within their respective organizational units;
(2) Prepare and process environmental assessments and environmental
impact statements for all regulations,
procedures and other issuances making
or amending program policy related to
actions which do not qualify for categorical exclusions;
(3) Integrate environmental considerations into their decisionmaking processes;
(4) Ensure that regulations, procedures and other issuances making or
amending program policy are reviewed
for consistency with the requirements
of this part;
(5) Designate a single point of contact for matters pertaining to this
part;

Subpart B—Agency Implementing
Procedures
§ 10.5 Responsibilities.
(a) The Regional Administrators shall,
for each action not categorically excluded from this regulation and falling
within their respective jurisdictions:
(1) Prepare an environmental assessment and submit such assessment to
the Environmental Officer and the Office of Chief Counsel (OCC);
(2) Prepare a finding of no significant
impact, or prepare an environmental
impact statement;
(3) Coordinate and provide information regarding environmental review
with applicants for FEMA assistance;
(4) Prepare and maintain an administrative record for each proposal that is
determined to be categorically excluded from this regulation;
(5) Involve environmental agencies,
applicants, and the public to the extent
practicable in preparing environmental
assessments;
(6) Prepare, as required, a supplement
to either the draft or final environmental impact statement;
(7) Circulate draft and final environmental impact statements;
(8) Ensure that decisions are made in
accordance with the policies and procedures of NEPA and this part, and prepare a concise public record of such decisions;
(9) Consider mitigating measures to
avoid or minimize environmental
harm, and, in particular, harm to and
within floodplains and wetlands; and
(10) Review and comment upon, as
appropriate,
environmental
assessments and impact statements of other
Federal agencies and of State and local
entities within their respective regions.
(b) The Environmental Officer shall:
(1) Determine, on the basis of the environmental assessment whether an environmental impact statement is required, or whether a finding of no significant impact shall be prepared;
(2) Review all proposed changes or
additions to the list of categorical exclusions;
(3) Review all findings of no significant impact;
(4) Review all proposed draft and
final environmental statements;

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§ 10.6

44 CFR Ch. I (10–1–14 Edition)

(6) Provide applicants for FEMA assistance with technical assistance regarding FEMA’s environmental review
process.
(d) The Office of Chief Counsel of
FEMA shall:
(1) Provide advice and assistance concerning the requirements of this part;
(2) Review all proposed changes or
additions to the list of categorical exclusions;
(3) Review all findings of no significant impact; and
(4) Review all proposed draft and
final environmental impact statements.

which another Federal agency is involved, FEMA offices and administrations shall apply criteria defined in
§ 1501.5 of the CEQ regulation. If there
is disagreement, the FEMA offices and/
or administrations shall forward a request for lead agency determination to
the Environmental Officer;
(1) The Environmental Officer will
determine lead agency responsibility
among FEMA offices and administration.
(2) In those cases involving a FEMA
office or administration and another
Federal agency, the Environmental Officer will attempt to resolve the differences. If unsuccessful, the Environmental Officer will file the request
with the Council on Environmental
Quality for determination.
(c) Technical assistance to applicants.
(1) Section 1501.2(d) of the CEQ regulations requires agencies to provide for
early involvement in actions which,
while planned by private applicants or
other non-Federal entities, require
some form of Federal approval. To implement the requirements of § 1501.2(d),
(i) The heads of the FEMA offices and
administration shall prepare where
practicable, generic guidelines describing the scope and level of environmental information required from applicants as a basis for evaluating their
proposed actions, and make these
guidelines available upon request.
(ii) The Regional Administrator shall
provide such guidance on a project-byproject basis to applicants seeking assistance from FEMA.
(iii) Upon receipt of an application
for agency approval, or notification
that an application will be filed, the
Regional Administrator shall consult
as required with other appropriate parties to initiate and coordinate the necessary environmental analyses.
(2) To facilitate compliance with the
requirements of paragraph (a) of this
section, applicants and other non-Federal entities are expected to:
(i) Contact the Regional Administrator as early as possible in the planning process for guidance on the scope
and level of environmental information
required to be submitted in support of
their application;
(ii) Conduct any studies which are
deemed necessary and appropriate by

[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.6

Making or amending policy.

For all regulations, procedures, or
other issuances making or amending
policy, the head of the FEMA office or
administration establishing such policy shall be responsible for application
of this part to that action. This does
not apply to actions categorically excluded. For all policy-making actions
not categorically excluded, the head of
the office or administration shall comply with the requirements of this part.
Thus, for such actions, the office or administration head shall assume the responsibilities that a Regional Administrator assumes for a FEMA action in
his/her respective region. For such policy-making actions taken by the Administrator of FEMA, the Environmental Officer shall assume the responsibilities that a Regional Administrator assumes for a FEMA action in
his/her respective region.
[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.7 Planning.
(a) Early planning. The Regional Administrator shall integrate the NEPA
process with other planning at the earliest possible time to ensure that planning decisions reflect environmental
values, to avoid delays later in the
process, and to head off potential conflicts.
(b) Lead agency. To determine the
lead agency for policy-making in which
more than one FEMA office or administration is involved or any action in

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Federal Emergency Management Agency, DHS
FEMA to determine the impact of the
proposed action on the human environment;
(iii) Consult with appropriate Federal, regional, State, and local agencies
and other potentially interested parties during preliminary planning stages
to ensure that all environmental factors are identified;
(iv) Submit applications for all Federal, regional, State, and local approvals as early as possible in the planning
process;
(v) Notify the Regional Administrator as early as possible of all other
Federal, regional, State, local, and Indian tribe actions required for project
completion so that FEMA may coordinate all Federal environmental reviews; and
(vi) Notify the Regional Administrator of all known parties potentially
affected by or interested in the proposed action.

§ 10.8

this part, submit the notice of preparation of an environmental impact statement to the Environmental Officer.
(2) To assist in determining those actions that normally do require an environmental impact statement, the following criteria apply:
(i) If an action will result in an extensive change in land use or the commitment of a large amount of land;
(ii) If an action will result in a land
use change which is incompatible with
the existing or planned land use of the
surrounding area;
(iii) If many people will be affected;
(iv) If the environmental impact of
the project is likely to be controversial;
(v) If an action will affect, in large
measure, wildlife populations and their
habitats, important natural resources,
floodplains, wetlands, estuaries, beaches, dunes, unstable soils, steep slopes,
aquifer recharge areas, or delicate or
rare ecosystems, including endangered
species;
(vi) If an action will result in a major
adverse impact upon air or water quality;
(vii) If an action will adversely affect
a property listed on the National Register of Historic Places or eligible for
listing on the Register if, after consultation with the Advisory Council on
Historic Preservation an environmental assessment is not deemed sufficient;
(viii) If an action is one of several actions underway or planned for an area
and the cumulative impact of these
projects is considered significant in
terms of the above criteria;
(ix) If an action holds potential for
threat or hazard to the public; or
(x) If an action is similar to previous
actions determined to require an environmental impact statement.
(3) In any case involving an action
that normally does require an environmental impact statement, the Regional
Administrator may prepare an environmental assessment to determine if an
environmental impact statement is required.
(c) Statutory exclusions. The following
actions are statutorily excluded from
NEPA and the preparation of environmental impact statements and environmental assessments by section 316 of

[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.8 Determination of requirement
for environmental review.
The first step in applying the NEPA
process is to determine whether to prepare an environmental assessment or
an environmental impact statement.
Early determination will help ensure
that necessary environmental documentation is prepared and integrated
into the decision-making process. Environmental impact statements will be
prepared for all major Agency actions
(see 40 CFR 1508.18) significantly (see 40
CFR 1508.27) affecting the quality of
the human environment.
(a) In determining whether to prepare an environmental impact statement (EIS) the Regional Administrator
will first determine whether the proposal is one which:
(1) Normally requires an environmental impact statement; or
(2) Normally does not require either
an environmental impact statement or
an environmental assessment (categorical exclusion).
(b) Actions that normally require an
EIS. (1) In some cases, it will be readily
apparent that a proposed action will
have significant impact on the environment. In that event, the Regional Administrator will, pursuant to § 10.9(g) of

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§ 10.8

44 CFR Ch. I (10–1–14 Edition)

the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. 5159;
(1) Action taken or assistance provided under sections 402, 403, 407, or 502
of the Stafford Act; and
(2) Action taken or assistance provided under section 406 of the Stafford
Act that has the effect of restoring facilities substantially as they existed
before a major disaster or emergency.
(d) Categorical Exclusions (CATEXs).
CEQ regulations at 40 CFR 1508.4 provide for the categorical exclusion of actions that do not individually or cumulatively have a significant impact on
the human environment and for which,
therefore, neither an environmental assessment nor an environmental impact
statement is required. Full implementation of this concept will help FEMA
avoid unnecessary or duplicate effort
and concentrate resources on significant environmental issues.
(1) Criteria. The criteria used for determination of those categories of actions that normally do not require either an environmental impact statement or an environmental assessment
include:
(i) Minimal or no effect on environmental quality;
(ii) No significant change to existing
environmental conditions; and
(iii) No significant cumulative environmental impact.
(2) List of exclusion categories. FEMA
has determined that the following categories of actions have no significant
effect on the human environment and
are, therefore, categorically excluded
from the preparation of environmental
impact statements and environmental
assessments except where extraordinary circumstances as defined in
paragraph (d)(5) of this section exist. If
the action is of an emergency nature as
described in § 316 of the Stafford Act (42
U.S.C. 5159), it is statutorily excluded
and is noted with [SE].
(i) Administrative actions such as
personnel actions, travel, procurement
of supplies, etc., in support of normal
day-to-day activities and disaster related activities;
(ii) Preparation, revision, and adoption of regulations, directives, manuals, and other guidance documents re-

lated to actions that qualify for categorical exclusions;
(iii) Studies that involve no commitment of resources other than manpower and associated funding;
(iv) Inspection and monitoring activities, granting of variances, and actions to enforce Federal, state, or local
codes, standards or regulations;
(v) Training activities and both
training and operational exercises utilizing existing facilities in accordance
with established procedures and land
use designations;
(vi) Procurement of goods and services for support of day-to-day and
emergency operational activities, and
the temporary storage of goods other
than hazardous materials, so long as
storage occurs on previously disturbed
land or in existing facilities;
(vii) The acquisition of properties
and the associated demolition/removal
[see paragraph (d)(2)(xii) of this section] or relocation of structures [see
paragraph (d)(2)(xiii) of this section]
under any applicable authority when
the acquisition is from a willing seller,
the buyer coordinated acquisition planning with affected authorities, and the
acquired property will be dedicated in
perpetuity to uses that are compatible
with open space, recreational, or wetland practices.
(viii) Acquisition or lease of existing
facilities where planned uses conform
to past use or local land use requirements;
(ix) Acquisition, installation, or operation of utility and communication
systems that use existing distribution
systems or facilities, or currently used
infrastructure rights-of-way;
(x) Routine maintenance, repair, and
grounds-keeping activities at FEMA
facilities;
(xi) Planting of indigenous vegetation;
(xii) Demolition of structures and
other improvements or disposal of
uncontaminated structures and other
improvements to permitted off-site locations, or both;
(xiii) Physical relocation of individual structures where FEMA has no
involvement in the relocation site selection or development;
(xiv) Granting of community-wide
exceptions for floodproofed residential

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Federal Emergency Management Agency, DHS
basements meeting the requirements of
44 CFR 60.6(c) under the National Flood
Insurance Program;
(xv) Repair, reconstruction, restoration, elevation, retrofitting, upgrading
to current codes and standards, or replacement of any facility in a manner
that substantially conforms to the preexisting design, function, and location;
[SE, in part]
(xvi) Improvements to existing facilities and the construction of small scale
hazard mitigation measures in existing
developed areas with substantially
completed infrastructure, when the immediate project area has already been
disturbed, and when those actions do
not alter basic functions, do not exceed
capacity of other system components,
or modify intended land use; provided
the operation of the completed project
will not, of itself, have an adverse effect on the quality of the human environment;
(xvii) Actions conducted within enclosed facilities where all airborne
emissions, waterborne effluent, external radiation levels, outdoor noise, and
solid and bulk waste disposal practices
comply with existing Federal, state,
and local laws and regulations;
(xviii) The following planning and administrative activities in support of
emergency and disaster response and
recovery:
(A) Activation of the Emergency
Support Team and convening of the
Catastrophic Disaster Response Group
at FEMA headquarters;
(B) Activation of the Regional Operations Center and deployment of the
Emergency Response Team, in whole or
in part;
(C) Deployment of Urban Search and
Rescue teams;
(D) Situation Assessment including
ground and aerial reconnaissance;
(E) Information and data gathering
and reporting efforts in support of
emergency and disaster response and
recovery and hazard mitigation; and
(xix) The following emergency and
disaster response, recovery and hazard
mitigation activities under the Stafford Act:
(A) General Federal Assistance (§ 402);
[SE]
(B) Essential Assistance (§ 403); [SE]
(C) Debris Removal (§ 407) [SE]

§ 10.8

(D) Temporary Housing (§ 408), except
locating multiple mobile homes or
other readily fabricated dwellings on
sites, other than private residences,
not previously used for such purposes;
(E) Unemployment Assistance (§ 410);
(F) Individual and Family Grant Programs (§ 411), except for grants that
will be used for restoring, repairing or
building private bridges, or purchasing
mobile homes or other readily fabricated dwellings;
(G) Food Coupons and Distribution
(§ 412);
(H) Food Commodities (§ 413);
(I) Legal Services (§ 415);
(J) Crisis Counseling Assistance and
Training (§ 416);
(K)
Community
Disaster
Loans
(§ 417);
(L)
Emergency
Communications
(§ 418);
(M) Emergency Public Transportation (§ 419);
(N) Fire Management Assistance
Grants; and
(O) Federal Emergency Assistance
(§ 502) [SE].
(3) Extraordinary circumstances. If extraordinary circumstances exist within
an area affected by an action, such
that an action that is categorically excluded from NEPA compliance may
have a significant adverse environmental impact, an environmental assessment shall be prepared. Extraordinary circumstances that may have a
significant environmental impact include:
(i) Greater scope or size than normally experienced for a particular category of action;
(ii) Actions with a high level of public controversy;
(iii) Potential for degradation, even
though slight, of already existing poor
environmental conditions;
(iv) Employment of unproven technology with potential adverse effects
or actions involving unique or unknown environmental risks;
(v) Presence of endangered or threatened species or their critical habitat,
or archaeological, cultural, historical
or other protected resources;
(vi) Presence of hazardous or toxic
substances at levels which exceed Federal, state or local regulations or

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§ 10.9

44 CFR Ch. I (10–1–14 Edition)

standards requiring action or attention;
(vii) Actions with the potential to affect special status areas adversely or
other critical resources such as wetlands, coastal zones, wildlife refuge and
wilderness areas, wild and scenic rivers, sole or principal drinking water
aquifers;
(viii) Potential for adverse effects on
health or safety; and
(ix) Potential to violate a Federal,
State, local or tribal law or requirement imposed for the protection of the
environment.
(x) Potential for significant cumulative impact when the proposed action
is combined with other past, present
and reasonably foreseeable future actions, even though the impacts of the
proposed action may not be significant
by themselves.
(4) Documentation. The Regional Administrator will prepare and maintain
an administrative record of each proposal that is determined to be categorically excluded from the preparation of
an environmental impact statement or
an environmental assessment.
(5) Revocation. The Regional Administrator shall revoke a determination of
categorical exclusion and shall require
a full environmental review if, subsequent to the granting an exclusion, the
Regional Administrator determines
that due to changes in the proposed action or in light of new findings, the action no longer meets the requirements
for a categorical exclusion.
(6) Changes to the list of exclusion categories. (i) The FEMA list of exclusion
categories will be continually reviewed
and refined as additional categories are
identified and experience is gained in
the categorical exclusion process. An
office, directorate, or administration of
FEMA may, at any time, recommend
additions or changes to the FEMA list
of exclusion categories.
(ii) Offices, directorates, and administrations of FEMA are encouraged to
develop additional categories of exclusions necessary to meet their unique
operational and mission requirements.
(iii) If an office, directorate, or administration of FEMA proposes to
change or add to the list of exclusion
categories, it shall first:

(A) Obtain the approval of the Environmental Officer and the Office of the
Chief Counsel; and
(B) Publish notice of such proposed
change or addition in the FEDERAL
REGISTER at least 60 days before the effective date of such change or addition.
(e) Actions that normally require an environmental assessment. When a proposal
is not one that normally requires an
environmental impact statement and
does not qualify as a categorical exclusion, the Regional Administrator shall
prepare an environmental assessment.
(f) Documentation. The Regional Administrator will prepare and maintain
an administrative record of each proposal that is determined to be categorically excluded from the preparation of
an environmental impact statement or
an environmental assessment.
(g) Actions that normally require an environmental assessment. When a proposal
is not one that normally requires an
environmental impact statement and
does not qualify as a categorical exclusion, the Regional Administrator shall
prepare an environmental assessment.
[45 FR 41142, June 18, 1980, as amended at 46
FR 2049, Jan. 8, 1981; 46 FR 54346, Nov. 3, 1981;
47 FR 13149, Mar. 29, 1982; 52 FR 5285, Feb. 20,
1987; 59 FR 954, Jan. 7, 1994; 61 FR 4230, Feb.
5, 1996; 61 FR 10688, Mar. 15, 1996; 66 FR 57347,
Nov. 14, 2001]

§ 10.9 Preparation
assessments.

of

(a) When to prepare. The Regional Administrator shall begin preparation of
an environmental assessment as early
as possible after the determination
that an assessment is required. The Regional Administrator may prepare an
environmental assessment at any time
to assist planning and decision-making.
(b) Content and format. The environmental assessment is a concise public
document to determine whether to prepare an environmental impact statement, aiding in compliance with NEPA
when no EIS is necessary, and facilitating preparation of a statement when
one is necessary. Preparation of an environmental assessment generally will
not require extensive research or
lengthy documentation. The environmental assessment shall contain brief
discussion of the following:

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Federal Emergency Management Agency, DHS
(1) Purpose and need for the proposed
action.
(2) Description of the proposed action.
(3) Alternatives considered.
(4) Environmental impact of the proposed action and alternatives.
(5) Listing of agencies and persons
consulted.
(6) Conclusion of whether to prepare
an environmental impact statement.
(c) Public participation. The Regional
Administrator shall involve environmental agencies, applicants, and the
public, to the extent practicable, in
preparing environmental assessments.
In determining ‘‘to the extent practicable,’’ the Regional Administrator
shall consider:
(1) Magnitude of the proposal;
(2) Likelihood of public interest;
(3) Need to act quickly;
(4) Likelihood of meaningful public
comment;
(5) National security classification
issues;
(6) Need for permits; and
(7) Statutory authority of environmental agency regarding the proposal.
(d) When to prepare an EIS. The Regional Administrator shall prepare an
environmental impact statement for
all major Agency actions significantly
affecting the quality of the human environment. The test of what is a ‘‘significant’’ enough impact to require an
EIS is found in the CEQ regulations at
40 CFR 1508.27.
(e) Finding of No Significant Impact. If
the Regional Administrator determines
on the basis of the environmental assessment not to prepare an environmental impact statement, the Regional
Administrator shall prepare a finding
of no significant impact in accordance
with 40 CFR 1501.4(e) of the CEQ regulations. The assessment and the finding
shall be submitted to the Environmental Officer and the Office of Chief
Counsel (OCC) for approval. If Environmental Officer and OGC approval is obtained, the Regional Administrator
shall then make the finding of no significant impact available to the public
as specified in § 1506.6 of the CEQ regulations. A finding of no significant impact is not required when the decision
not to prepare an environmental im-

§ 10.10

pact statement is based on a categorical exclusion.
(f) Environmental Officer or OCC Disallowance. If the Environmental Officer
or OCC disagrees with the finding of no
significant impact, the Regional Administrator shall prepare an environmental impact statement. Prior to
preparation of an EIS, the Regional
Administrator shall forward a notice of
intent to prepare the EIS to the Environmental Officer who shall publish
such notice in the FEDERAL REGISTER.
(g) EIS determination of Regional Administrator. The Regional Director may
decide on his/her own to prepare an environmental impact statement. In such
case, the Regional Administrator shall
forward a notice of intent to prepare
the EIS to the Environmental Officer
who shall publish such notice in the
FEDERAL REGISTER. The notice of intent shall be published before initiation of the scoping process.
[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.10 Preparation of environmental
impact statements.
(a) Scoping. After determination that
an environmental impact statement
will be prepared and publication of the
notice of intent, the Regional Administrator will initiate the scoping process
in accordance with § 1501.7 of the CEQ
regulations.
(b) Preparation. Based on the scoping
process, the Regional Administrator
will begin preparation of the environmental impact statement. Detailed
procedures for preparation of the environmental impact statement are provided in part 1502 of the CEQ regulations.
(c) Supplemental Environmental Impact
Statements. The Regional Administrator may at any time supplement a
draft or final environmental impact
statement. The Regional Administrator shall prepare a supplement to either the draft or final environmental
impact statement when required under
the criteria set forth in § 1502.9(2). The
Regional Administrator will prepare,
circulate, and file a supplement to a
statement in the same fashion (exclusive of scoping) as a draft or final

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§ 10.11

44 CFR Ch. I (10–1–14 Edition)

statement and will introduce the supplement into their formal administrative record.
(d) Circulation of Environmental Impact
Statements. The Regional Administrator shall circulate draft and final
environmental impact statements as
prescribed in § 1502.19 of CEQ regulations. Prior to signing off on a draft or
final impact statement, the Regional
Administrator shall obtain the approval of the Environmental Officer
and OCC.

through existing Agency review processes;
(4) Consider only those alternatives
encompassed by the range of alternatives discussed in the relevant environmental documents when evaluating
proposals for Agency action;
(5) Where an EIS has been prepared,
consider the specific alternatives analyzed in the EIS when evaluating the
proposal which is the subject of the
EIS.
(b) Record of decision. In those cases
requiring environmental impact statements, the Regional Administrator at
the time of his/her decision, or if appropriate, his/her recommendation to Congress, shall prepare a concise public
record of that decision. The record of
decision is not intended to be an extensive, detailed document for the purpose
of justifying the decision. Rather it is
a concise document that sets forth the
decision and describes the alternatives
and relevant factors considered as specified in 40 CFR 1505.2. The record of decision will normally be less than three
pages in length.
(c) Mitigation. Throughout the NEPA
process, the Regional Administrator
shall consider mitigating measures to
avoid or minimize environmental harm
and, in particular, harm to or within
flood plains and wetlands. Mitigation
measures or programs will be identified
in the environmental impact statement
and made available to decision-makers.
Mitigation and other conditions established in the environmental impact
statement or during its review and
committed as part of the decision shall
be implemented by the Regional Administrator.
(d) Monitoring. If a Regional Administrator determines that monitoring is
applicable for established mitigation, a
monitoring program will be adopted to
assure the mitigation measures are accomplished. The Regional Administrator shall provide monitoring information, upon request, as specified in 40
CFR 1505.3. This does not, however, include standing or blanket requests for
periodic reporting.

[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.11

Environmental information.

Interested persons may contact the
Environmental Officer or the Regional
Administrator for information regarding FEMA’s compliance with NEPA.
[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.12

Pre-implementation actions.

(a) Decision-making. The Regional Administrator shall ensure that decisions
are made in accordance with the policies and procedures of the Act and that
the NEPA process is integrated into
the decision-making process. Because
of the diversity of FEMA, it is not feasible to describe in this part the decision-making process for each of the
various FEMA programs. Proposals and
actions may be initiated at any level.
Similarly, review and approval authority may be exercised at various levels
depending on the nature of the action,
available funding, and statutory authority. FEMA offices and administrations shall provide further guidance,
commensurate with their programs and
organization, for integration of environmental considerations into the decision-making process. The Regional
Administrator shall:
(1) Consider all relevant environmental documents in evaluating proposals for Agency action;
(2) Make all relevant environmental
documents, comments, and responses
part of the record in formal rulemaking or adjudicatory proceedings;
(3) Ensure that all relevant environmental documents, comments and responses
accompany
the
proposal

§ 10.13

Emergencies.

In the event of an emergency, the Regional Administrator may be required

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Federal Emergency Management Agency, DHS
11.78
11.79

to take immediate action with significant environmental impact. The Regional Administrator shall notify the
Environmental Officer of the emergency action at the earliest possible
time so that the Environmental Officer
may consult with the Council on Environmental Quality. In no event shall
any Regional Administrator delay an
emergency action necessary to the
preservation of human life for the purpose of complying with the provision of
this directive or the CEQ regulations.

§ 11.11

Computation of amount of award.
Attorney’s fees.

AUTHORITY: 31 U.S.C. 3701 et seq.
SOURCE: 45 FR 15930, Mar. 12, 1980, unless
otherwise noted.

Subpart A—General
§ 11.1 General collection standards.
The general standards and procedures
governing the collection, compromise,
termination and referral to the Department of Justice of claims for money
and property that are prescribed in the
regulations issued jointly by the Government Accountability Office and the
Department of Justice pursuant to the
Federal Claims Collection Act of 1966 (4
CFR part 101 et seq.), apply to the administrative claim collection activities
of the Federal Emergency Management
Agency (FEMA).

[45 FR 41142, June 18, 1980, as amended at 47
FR 13149, Mar. 29, 1982]

§ 10.14 Flood plains and wetlands.
For any action taken by FEMA in a
flood plain or wetland, the provisions
of this part are supplemental to, and
not instead of, the provisions of the
FEMA regulation implementing Executive Order 11988, Flood Plain Management, and Executive Order 11990, Protection of Wetlands (44 CFR part 9).

§ 11.2 Delegations of authority.
Any and all claims that arise under
subchapter III of chapter 83, chapter 87
and chapter 88 of title 5, the United
States Code, the Retired Federal Employees Health Benefits Act (74 Stat.
849), the Panama Canal Construction
Annuity Act (58 Stat. 257), and the
Lighthouse Service Widow’s Annuity
Act (64 Stat. 465) shall be referred to
the Director of the Bureau of Retirement and Insurance, Office of Personnel Management, for handling. The
Chief Counsel, FEMA shall act on all
other claims against FEMA for money
and property.

PART 11—CLAIMS
Subpart A—General
Sec.
11.1 General collection standards.
11.2 Delegations of authority.

Subpart B—Administrative Claims Under
Federal Tort Claims Act
11.10 Scope of regulation.
11.11 Administrative claim; when presented;
appropriate FEMA office.
11.12 Administrative claim; who may file.
11.13 Investigations.
11.14 Administrative claim; evidence and information to be submitted.
11.15 Authority to adjust, determine, compromise and settle.
11.16 Limitations on authority.
11.17 Referral to Department of Justice.
11.18 Final denial of claim.
11.19 Action on approved claim.

Subpart B—Administrative Claims
Under Federal Tort Claims Act

Subpart D—Personnel Claims Regulations

§ 11.10 Scope of regulation.
This regulation applies to claims asserted under the Federal Tort Claims
Act against the Federal Emergency
Management Agency (FEMA). It does
not include any contractor with
FEMA.

11.70 Scope and purpose.
11.71 Claimants.
11.72 Time limitations.
11.73 Allowable claims.
11.74 Claims not allowed.
11.75 Claims involving carriers and insurers.
11.76 Claims procedures.
11.77 Settlement of claims.

§ 11.11 Administrative claim; when
presented; appropriate FEMA office.
(a) For the purpose of this part, and
the provisions of the Federal Tort
Claims Act a claim is deemed to have
been presented when FEMA receives, at

Subpart C [Reserved]

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