[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: 44CFR10.7]

[Page 104-105]
 
              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. 10.7  Planning.

    (a) Early planning. The Regional Director 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 which another Federal agency is involved, FEMA offices and 
administrations shall apply criteria defined in Sec. 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 Sec. 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 Director shall provide such guidance on a project-
by-project basis to applicants seeking assistance from FEMA.
    (iii) Upon receipt of an application for agency approval, or 
notification

[[Page 105]]

that an application will be filed, the Regional Director 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 Director 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 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 
approv als as early as possible in the planning process;
    (v) Notify the Regional Director 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 Director of all known parties potentially 
affected by or interested in the proposed action.

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