[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR776.5]

[Page 209-210]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 776_FLOODPLAIN AND WETLAND PROCEDURES--Table of Contents
 
                     Subpart B_Floodplain Management
 
Sec.  776.5  Review procedures.

    Officials shall follow the decision-making process outlined in 
paragraphs (a) through (f) of this section, when a facility action may 
involve floodplain issues. Under certain circumstances, this process may 
be carried out with fewer steps if all objectives of the decision-making 
process can be achieved. A general principle underlying this process is 
that a postal facility action requiring construction in a floodplain may 
be considered only when there is no practicable alternative.
    (a) Analysis of alternatives. If a postal facility action would 
involve construction in a floodplain, alternative actions shall be 
considered.
    (b) Early public notice. If a facility action at the contending 
site(s) could require construction in a floodplain, public notice must 
be provided.
    (c) Floodplain location and information. (1) Personnel shall 
determine whether construction would occur within a floodplain. The 
determination shall be made by reference to appropriate Department of 
Housing and Urban Development (HUD) floodplain maps (sometimes referred 
to as Floodplain Insurance Rate Maps (FIRM)), or Federal Emergency 
Management Agency (FEMA) maps, or more detailed maps if available. If 
such maps are not available, floodplain location must be determined 
based on the best available information.
    (2) Once the preferred site has been identified, potential 
floodplain impacts must be determined. As part of this determination 
process, specific floodplain information should be developed, which is 
to consider:
    (i) Whether the proposed action will directly or indirectly support 
floodplain development;
    (ii) Flood hazard and risk to lives and property;
    (iii) Effects on natural and beneficial floodplain values, such as 
water quality maintenance, groundwater recharge, and agriculture; and
    (iv) Possible measures to minimize harm to, or impact on, the 
floodplain.
    (d) Reevaluation. After the above steps have been followed, if the 
determination is that there appears to be no practicable alternative to 
constructing in a floodplain, a further review of alternatives must be 
conducted by the facilities organization in conjunction with the 
operations organization requesting the construction of the facility. The 
further review of alternatives must be conducted by the operations 
organization for projects within the delegated authority of the Vice 
President, Area Operations.
    (e) Final public notice. As a result of the reevaluation, if it is 
determined that there is no practicable alternative to constructing in a 
floodplain, public notice shall be provided as soon as possible for the 
proposed action. The notice should be publicized and should include:
    (1) Identification of the project's location;
    (2) Provision for a 30-day public commenting period before 
irrevocable action is taken by the Postal Service; and
    (3) Name and complete address of a postal contact person responsible 
for providing further information on the decision to proceed with a 
facility action or construction project in a floodplain. Upon request, 
that person shall provide further information as follows:
    (i) A description of why the proposed action must be located in a 
floodplain;
    (ii) A listing of alternative actions considered in making the 
determination; and

[[Page 210]]

    (iii) A statement indicating whether the action conforms to 
applicable state and local floodplain protection standards.
    (f) Distribution. The above public notice will be sent to 
appropriate officials, local newspapers, and other parties who express 
interest in the project.
    (g) NEPA coordination. If either an Environmental Impact Statement 
or an Environmental Assessment is required under the Postal Service's 
National Environmental Policy Act (NEPA) regulations, the above review 
procedures must be incorporated into and evaluated in that document.