[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: 44CFR9.6]

[Page 88-89]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 9--FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents
 
Sec. 9.6  Decision-making process.

    (a) Purpose. The purpose of this section is to set out the 
floodplain management and wetlands protection decision-making process to 
be followed by the Agency in applying the Orders to its actions. While 
the decision-making process was initially designed to address the 
floodplain Order's requirements, the process will also satisfy the 
wetlands Order's provisions due to the close similarity of the two 
directives. The numbering of Steps 1 through 8 does not firmly require 
that the steps be followed sequentially. As information is gathered 
throughout the decision-making process and as additional information is 
needed, reevaluation of lower numbered steps may be necessary.
    (b) Except as otherwise provided in Sec. 9.5 (c), (d), (f), and (g) 
regarding categories of partial or total exclusion when proposing an 
action, the Agency shall apply the 8-step decision-making process. FEMA 
shall:
    Step 1. Determine whether the proposed action is located in a 
wetland and/or the 100-year floodplain (500-year floodplain for critical 
actions); and whether it has the potential to affect or be affected by a 
floodplain or wetland (see Sec. 9.7);
    Step 2. Notify the public at the earliest possible time of the 
intent to carry out an action in a floodplain or wetland, and involve 
the affected and interested public in the decision-making process (see 
Sec. 9.8);
    Step 3. Identify and evaluate practicable alternatives to locating 
the proposed action in a floodplain or wetland (including alternative 
sites, actions and the ``no action'' option) (see Sec. 9.9). If a 
practicable alternative exists outside the floodplain or wetland FEMA 
must locate the action at the alternative site.

[[Page 89]]

    Step 4. Identify the potential direct and indirect impacts 
associated with the occupancy or modification of floodplains and 
wetlands and the potential direct and indirect support of floodplain and 
wetland development that could result from the proposed action (see Sec. 
9.10);
    Step 5. Minimize the potential adverse impacts and support to or 
within floodplains and wetlands to be identified under Step 4, restore 
and preserve the natural and beneficial values served by floodplains, 
and preserve and enhance the natural and beneficial values served by 
wetlands (see Sec. 9.11);
    Step 6. Reevaluate the proposed action to determine first, if it is 
still practicable in light of its exposure to flood hazards, the extent 
to which it will aggravate the hazards to others, and its potential to 
disrupt floodplain and wetland values and second, if alternatives 
preliminarily rejected at Step 3 are practicable in light of the 
information gained in Steps 4 and 5. FEMA shall not act in a floodplain 
or wetland unless it is the only practicable location (see Sec. 9.9);
    Step 7. Prepare and provide the public with a finding and public 
explanation of any final decision that the floodplain or wetland is the 
only practicable alternative (see Sec. 9.12); and
    Step 8. Review the implementation and post-implementation phases of 
the proposed action to ensure that the requirements stated in Sec. 9.11 
are fully implemented. Oversight responsibility shall be integrated into 
existing processes.

[45 FR 59526, Sept. 9, 1980, as amended at 49 FR 35583, Sept. 10, 1984; 
50 FR 40006, Oct. 1, 1985]