[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR9.8]

[Page 90-91]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 9--FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents
 
Sec. 9.8  Public notice requirements.

    (a) Purpose. The purpose of this section is to establish the initial 
notice procedures to be followed when proposing any action in or 
affecting floodplains or wetlands.
    (b) General. The Agency shall provide adequate information to enable 
the public to have impact on the decision outcome for all actions having 
potential to affect, adversely, or be affected by floodplains or 
wetlands that it proposes. To achieve this objective, the Agency shall:
    (1) Provide the public with adequate information and opportunity for 
review and comment at the earliest possible time and throughout the 
decision-making process; and upon completion of this process, provide 
the public with an accounting of its final decisions (see Sec. 9.12); 
and
    (2) Rely on its environmental assessment processes, to the extent 
possible, as vehicles for public notice, involvement and explanation.
    (c) Early public notice. The Agency shall provide opportunity for 
public involvement in the decision-making process through the provision 
of public notice upon determining that the proposed action can be 
expected to affect or be affected by floodplains or wetlands. Whenever 
possible, notice shall precede major project site identification and 
analysis in order to preclude the foreclosure of options consistent with 
the Orders.
    (1) For an action for which an environmental impact statement is 
being prepared, the Notice of Intent to File an EIS is adequate to 
constitute the early public notice, if it includes the information 
required under paragraph (c)(5) of this section.
    (2) For each action having national significance for which notice is 
being provided, the Agency shall use the Federal Register as the minimum 
means for notice, and shall provide notice by mail to national 
organizations reasonably expected to be interested in the action. The 
additional notices listed in paragraph (c)(4) of this section shall be 
used in accordance with the determination made under paragraph (c)(3) of 
this section.
    (3) The Agency shall base its determination of appropriate notices, 
adequate comment periods, and whether to issue cumulative notices 
(paragraphs (c)(4), (6) and (7) of this section) on factors which 
include, but are not limited to:
    (i) Scale of the action;
    (ii) Potential for controversy;
    (iii) Degree of public need;
    (iv) Number of affected agencies and individuals; and
    (v) Its anticipated potential impact.
    (4) For each action having primarily local importance for which 
notice is being provided, notice shall be made in accordance with the 
criteria under paragraph (c)(3) of this section, and shall entail as 
appropriate:
    (i) [Reserved]
    (ii) Notice to Indian tribes when effects may occur on reservations.
    (iii) Information required in the affected State's public notice 
procedures for comparable actions.
    (iv) Publication in local newspapers (in papers of general 
circulation rather than legal papers).
    (v) Notice through other local media.
    (vi) Notice to potentially interested community organizations.
    (vii) Publication in newsletters that may be expected to reach 
potentially interested persons.
    (viii) Direct mailing to owners and occupants of nearby or affected 
property.
    (ix) Posting of notice on and off site in the area where the action 
is to be located.
    (x) Holding a public hearing.
    (5) The notice shall include:
    (i) A description of the action, its purpose and a statement of the 
intent to carry out an action affecting or affected by a floodplain or 
wetland;
    (ii) Based on the factors in paragraph (c)(3) of this section, a map 
of the area or other indentification of the floodplain and/or wetland 
areas which is of adequate scale and detail so that the location is 
discernible; instead of publication of such map, FEMA may state that 
such map is available for public inspection, including the location at 
which such map may be inspected and a telephone number to call for 
information;
    (iii) Based on the factors in paragraph (c)(3) of this section, a 
description of the type, extent and degree of

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hazard involved and the floodplain or wetland values present; and
    (iv) Identification of the responsible official or organization for 
implementing the proposed action, and from whom further information can 
be obtained.
    (6) The Agency shall provide for an adequate comment period.
    (7) In a post-disaster situation in particular, the requirement for 
early public notice may be met in a cumulative manner based on the 
factors set out in paragraph (c)(3) of this section. Several actions may 
be addressed in one notice or series of notices. For some actions 
involving limited public interest a single notice in a local newspaper 
or letter to interested parties may suffice.
    (d) Continuing public notice. The Agency shall keep the public 
informed of the progress of the decision-making process through 
additional public notices at key points in the process. The preliminary 
information provided under paragraph (c)(5) of this section shall be 
augmented by the findings of the adverse effects of the proposed actions 
and steps necessary to mitigate them. This responsibility shall be 
performed for actions requiring the preparation of an EIS, and all other 
actions having the potential for major adverse impacts, or the potential 
for harm to the health and safety of the general public.

[45 FR 59526, Sept. 9, 1980, as amended at 48 FR 29318, June 24, 1983]