[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR10.12]

[Page 110-111]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 10--ENVIRONMENTAL CONSIDERATIONS--Table of Contents
 
                Subpart B--Agency Implementing Procedures
 
Sec. 10.12  Pre-implementation actions.

    (a) Decision-making. The Regional Director 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 Director 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 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 Director 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 Director 
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 Director.
    (d) Monitoring. If a Regional Director determines that monitoring is 
applicable for established mitigation, a monitoring program will be 
adopted to assure the mitigation measures are accomplished. The Regional 
Director

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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.