[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: 44CFR10.7]



[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 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



[[Page 105]]



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]