Environmental Planning and Historic Preservation (EHP) Compliance (p. 43-45)

1. Environmental Planning and Historic Preservation (EHP) Compliance (p. 43-45) EHP Compliance

2. EHP Compliance What is an EHP Review? • Involves an analysis of pertinent project information used to determine the appropriate amount of documentation required for EHP compliance • All projects funded with Federal grant dollars must comply with EHP laws, regulations, and Executive Orders • Projects must be EHP approved before initiation • GPD certifies that a grant-funded project is in compliance with applicable EHP laws, regulations, and Executive Orders • Complex projects will typically require more information to reach a determination

3. EHP Compliance EHP Laws and Executive Orders ExecutiveOrders: Endangered Species Act Environmental Justice National Historic Floodplains Preservation Act Wetlands NEPA Clean Air Act Coastal Barrier Clean Water Act Resources Act Resource Conservation & Coastal Zone RecoveryAct Management Act

4. Endangered Species Cultural Resources Historic properties Archaeological sites Air and Water Quality Noise Fish, Habitat & Wildlife Floodplains Wetlands Coastal Zones Agricultural Lands Environmental Justice Socioeconomic Resources Land Use Hazardous Materials Traffic Geology (Topography, Soils) EHP Compliance What are EHP Considerations?

5. EHP Compliance Floodplains and Wetlands • Avoid to the extent possible adverse impacts to wetlands and actions within or affecting floodplains • If there is a reasonable alternative outside the wetland or floodplain, FEMA will not fund the project within the wetland or floodplain • If the project impacts or may impact wetlands or a floodplain you should submit: • Section 404 and Section 10 permits (Wetlands) • National Wetlands Inventory Map showing project location http://www.fws.gov/wetlands/Data/mapper.html • FEMA Flood Insurance Rate Map (FIRM) showing project location http://www.fema.gov/hazard/map/firm.shtm

6. EHP Compliance Coastal Zone Management Act (CZMA) • Goals: • Reduce uncontrolled development on islands, beaches, salt marshes, transitional or inter-tidal areas, and other coastal areas • Applicability: • States with a shoreline in the coastal zone or ones that border the Great Lakes • All states in the coastal zone have a Coastal Zone Management Plan (CZMP) • Be aware of the states CZMP and ensure that your project is in compliance

7. EHP Compliance Importance of Compliance Compliance Non-Compliance • Protection of natural and cultural resources • Improved project planning • Cost efficient • Programmatic and financial compliance • Efficient project implementation • Improved community relations • Project delays • De-obligation of funding • Negative publicity • Civil penalties • Lawsuits

8. EHP Compliance GPD EHP Review Process • Grantees are responsible for providing all relevant EHP materials to GPD • Grant funds may be used for preparation of EHP documentation • FEMA may be required to consult with State Historic Preservation Office (SHPO), the U.S. Fish and Wildlife Service (FWS), etc.

9. Roles and Responsibilities Grantees Responsible for EHP compliance Submittal of all EHP review packets to GPD GPD Program Analysts (PA) Point of contact between the grantee or Fiduciary Agent, GPD-EHP Team, and Regional Environmental Officer (REO) Approval of projects with no potential for environmental and/or historic preservation impacts (Type A) EHP Compliance

10. Roles and Responsibilities GPD-EHP Team Point of contact for PAs and REOs Approval of projects with no potential for environmental and/or historic preservation impacts if certain conditions apply (Type B) REO Review and approval of project with potential for environmental and/or historic preservation impacts (Type C) Responsible for State Historic Preservation Office (SHPO) consultation, with the assistance if necessary from GPD Liaison with grantees and GPD EHP Compliance

11. EHP Compliance Type A Projects • Sub-grantees do NOT need to submit the EHP screening memo/EHP packet in these cases. State clearly in IJ “project has no potential for environmental and/or historic preservation impacts”. For training – state “classroom based”. • Projects with no potential for environmental and/or historic preservation impacts: • Planning • Classroom-based training and exercises • Field-based training at existing facilities with established procedures • Personnel • Mobile and portable equipment (PPE, radios, etc.), vehicles, and other equipment that does not require any installation

12. EHP Compliance Type B Projects • Sub-grantees do not need to complete an EHP screening memo/review packet if these projects have no potential for environmental and/or historic preservation impacts if certain conditions apply • Examples include: • Physical security enhancements • Equipment installation (structures less than 50 yrs old) • e.g. physical security/access controls • Typical questions • Does the project involve new ground disturbance or clearance of vegetation? • Does project utilize existing infrastructure? • Will work occur in the vicinity of historicproperties? • Will work occur in or near water?

13. EHP Compliance Type C Projects • Sub-grantees MUST complete EHP screening memo/review packet • Projects that may have the potential for environmental and/or historic preservation impacts: • Additional analysis and documentation may be required to adequately address the impacts in compliance with applicable EHP laws and regulations • Environmental Assessments (EAs), Biological Assessments (BAs), or Memoranda of Agreement (MOAs) may be required • Public involvement may be required

14. EHP Compliance Type C Example: Modification of Buildings & Structures 50 + Years Old • Equipment installation (e.g. physical security/access controls) on, in, or in the vicinity of historic buildings, piers, bridges, etc. • Building renovation/hardening (e.g. doors, gates, windows)

15. EHP Compliance EHP Review Packet • A complete EHP review packet will provide the necessary information to expedite the EHP review • What are the required contents? • Detailed project description • Physical address of structure/facility or lat/long • Clear color photographs (ground-level and aerial) • Dimensions/acreage/square footage of structure and/or land affected • Extent and depth of ground disturbance for: • New construction and structure modification • Utility line placement • Fencing, light posts, etc., installations • Height of communication towers • Special equipment being used, staging areas, etc. • Year building or structure was built (to include buildings or structures that are in the vicinity)

16. EHP Compliance GPD EHP Updates • Programmatic Environmental Assessment (PEA) • Screening Memo (see CD) • Authorized Equipment List (AEL) • Updated to reflect appropriate equipmenthttps://www.rkb.us/FEMAGrants/LinkedToAELCats.cfm?content_id=227106&relationtype=12311&overridesubtype=893&expand=1 • EHP MailboxGPDEHPinfo@dhs.gov • For EHP related questions

17. EHP Compliance Tips for a Timely EHP Review • A clear and descriptive project description, with clear color photos and maps • Include any previous Master Plans or other environmental documentation • What work is being proposed, where will it take place, and how will it be carried out?

18. EHP Compliance EHP Points of Contact

19. Questions?