[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR10.12]



[Page 110]

 

              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 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.