[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: 44CFR10.5]



[Page 103-104]

 

              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. 10.5  Responsibilities.





    (a) The Regional Directors shall, for each action not categorically 

excluded from this regulation and falling within their respective 

jurisdictions:

    (1) Prepare an environmental assessment and submit such assessment 

to the Environmental Officer and the Office of General Counsel (OGC);

    (2) Prepare a finding of no significant impact, or prepare an 

environmental impact statement;

    (3) Coordinate and provide information regarding environmental 

review with applicants for FEMA assistance;

    (4) Prepare and maintain an administrative record for each proposal 

that is determined to be categorically excluded from this regulation;

    (5) Involve environmental agencies, applicants, and the public to 

the extent practicable in preparing environmental assessments;

    (6) Prepare, as required, a supplement to either the draft or final 

environmental impact statement;

    (7) Circulate draft and final environmental impact statements;

    (8) Ensure that decisions are made in accordance with the policies 

and procedures of NEPA and this part, and prepare a concise public 

record of such decisions;

    (9) Consider mitigating measures to avoid or minimize environmental 

harm, and, in particular, harm to and within floodplains and wetlands; 

and

    (10) Review and comment upon, as appropriate, environmental 

assessments and impact statements of other Federal agencies and of State 

and local entities within their respective regions.

    (b) The Environmental Officer shall:

    (1) Determine, on the basis of the environmental assessment whether 

an environmental impact statement is required, or whether a finding of 

no significant impact shall be prepared;

    (2) Review all proposed changes or additions to the list of 

categorical exclusions;

    (3) Review all findings of no significant impact;

    (4) Review all proposed draft and final environmental statements;

    (5) Publish the required notices in the Federal Register;

    (6) Provide assistance in the preparation of environmental 

assessments and impact statements and assign lead agency responsibility 

when more than one FEMA office or administration is involved;

    (7) Direct the preparation of environmental documents for specific 

actions when required;

    (8) Comply with the requirements of this part when the Director of 

FEMA promulgates regulations, procedures or other issuances making or 

amending Agency policy;

    (9) Provide, when appropriate, consolidated FEMA comments on draft 

and final impact statements prepared for the issuance of regulations and 

procedures of other agencies;

    (10) Review FEMA issuances that have environmental implications;

    (11) Maintain liaison with the Council on Environmental Quality, the 

Environmental Protection Agency, the Office of Management and Budget, 

other Federal agencies, and State and local groups, with respect to 

environmental analysis for FEMA actions affecting the environment.

    (c) The Heads of the Office and Administrations of FEMA shall:

    (1) Assess environmental consequences of proposed and on-going 

programs within their respective organizational units;

    (2) Prepare and process environmental assessments and environmental 

impact statements for all regulations, procedures and other issuances 

making or amending program policy related to actions which do not 

qualify for categorical exclusions;

    (3) Integrate environmental considerations into their decisionmaking 

processes;

    (4) Ensure that regulations, procedures and other issuances making 

or amending program policy are reviewed for consistency with the 

requirements of this part;

    (5) Designate a single point of contact for matters pertaining to 

this part;

    (6) Provide applicants for FEMA assistance with technical assistance 

regarding FEMA's environmental review process.



[[Page 104]]



    (d) The Office of General Counsel of FEMA shall:

    (1) Provide advice and assistance concerning the requirements of 

this part;

    (2) Review all proposed changes or additions to the list of 

categorical exclusions;

    (3) Review all findings of no significant impact; and

    (4) Review all proposed draft and final environmental impact 

statements.



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