National Flood Insurance Program (NFIP)

Transcription

1 National Flood Insurance Program (NFIP) Programmatic EIS (PEIS) Informing our Understanding of the NFIP and the Environment ASFPM June 12, 2013

2 Overview/Outline After this Seminar you should know: Who and what is FEMA s Office of Environmental Planning and Historic Preservation? What is an Environmental Impact Statement (EIS)? What does it mean to do a Programmatic Environmental Impact Statement (PEIS) on the NFIP? What are the implications of a Programmatic Environmental Impact Statement on the NFIP?

3 The Office of Environmental Planning and Historic Preservation Located in FIMA, serve all of FEMA Who we are and what we do HQ staff: Program Coordination Team, Policy Team, Readiness Team and Systems Regional Staff FEMA s EHP Mission Help communities reduce the impact that disasters and emergency management (preparedness, protection, response, recovery, and mitigation) decisions and operations have on the nation s natural and cultural resources.

4 Environmental Planning and Historic Preservation (EHP) Functions of EHP: Provide environmental and historic preservation technical assistance and guidance for all FEMA Programs. Integrate the protection and enhancement of environmental, historic and cultural resources in all programs and activities. Coordinate the environmental and historic preservation activities with Regional Environmental Officers.

5 National Environmental Policy Act (NEPA) 1969 Passed by Congress 1970 NEPA signed into law; CEQ is created

6 NEPA Goals Establishes the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to: 1. use all practicable means and measures in a manner calculated to foster and promote the general welfare, 2. to create and maintain conditions under which man and nature can exist in productive harmony, and 3. fulfill the social, economic, and other requirements of present and future generations of Americans.

7 Section 102 of NEPA requires Federal agencies to Use of a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision-making that may have an impact on man s environment. Identify and develop methods and procedures which will insure that presently unquantified environmental amenities and values be given appropriate consideration in decision-making along with economic and technical considerations. Include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement with environmental impacts analysis and alternatives.

8 What is a major Federal action? Actions with effects that may be major and which are potentially subject to Federal control and responsibility. They include: New and continuing projects entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies. New and continuing programs entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies. New or revised agency rules, regulations, plans, policies, or procedures Legislative proposals

9 Are there regulations that govern the NEPA review process? Council on Environmental Quality Regulations (40 C.F.R. 1500) Detailed instructions on how to engage in the NEPA review process Establishes three levels of analysis: Categorical exclusions Environmental assessments Environmental Impact Statements FEMA Environmental Considerations (44 C.F.R. 10) Establishes FEMA unique categorical exclusions Establishes FEMA s Roles and Responsibilities DHS Directive

10 Are there other authorities that control? Case law, including Supreme Court cases Executive Orders Environmental Justice Floodplain Management Protection of Wetlands CEQ Guidance Consideration of Cumulative Impacts Consideration of Climate Change Public Involvement Agency Policies, Guidance and Procedures (FEMA, DHS)

11 When is an environmental impact statement required? Whenever the proposed action would result in significant impacts to the quality of the human environment. It is about context and intensity There is no absolute list of areas for evaluation. FEMA evaluates public safety, impacts to or from floodplains, impacts on wetlands, impacts on minority and low income populations, impacts on endangered and threatened species, and impacts to historic properties. Others include transportation, traffic, air quality, water quality, and socioeconomics.

12 What is required for EIS? A process and documentation that : Identifies Purpose and Need for Action Identifies Proposed action and alternatives Evaluates the impacts of the proposed action and alternatives on the quality of the human environment Provides opportunities for public involvement Makes the information available to the decision maker

13 NEPA is a Process that is Part of the Overall Decisionmaking Process No requirement to avoid all environmental impacts DECISION

14 NFIP PEIS Process NEPA requires a step-wise process, with each step dependent on the findings and decisions of preceding step: - NOI for the NFIP PEIS was published on May 16, Scoping initiated with 2009 NFIP Stakeholder Listening Sessions - Scoping can help FEMA define the Purpose and Need of the PEIS, and suggest Alternatives - The definition of the Proposed Action, Purpose, Need, and Alternatives form the foundation of the PEIS - Once these elements are completed, the PEIS analysis can begin and the Draft PEIS can be developed Pre-planning to address significant impacts Notice of Intent Scoping, Public Involvement Draft PEIS Agency and Public Comment Final PEIS Record of Decision

15 Drivers for the NFIP Programmatic EIS (PEIS) Original EIS was completed in 1976, a lot has happened since then; Availability of new information (e.g. climate change); Legal challenges associated with the impacts of the NFIP on endangered and threatened species; Evaluations on the program s influence over development; Program knowledge gained from analysis of NFIP Reform.

16 PEIS Proposed Action, Purpose and Need Proposed Action: To Improve the NFIP Purpose: Balance FEMA s mandate to discourage unsound land use and development in the floodplain while addressing indirect effects in environmentally and culturally sensitive areas.; Need: The tremendous number of uninsured physical and economic losses in SFHAs, both to residential and business areas, hampers community resiliency Need: There are constant changes in flood risk Need: The NFIP must make flood insurance available at appropriate rates

17 EIS Areas for Analysis Biological Resources Threatened & Endangered Species & Critical Habitat Essential Fish Habitat Special Status Species (migratory bird, State species of concern) Socioeconomic Considerations Water Resources Wetlands Water Quality Water Quantity Climate Change Geophysical features Cultural Resources Floodplains Historic Properties Stream channels Other Cultural Resources Erosion-prone areas Soils Land Use Subsidence Redevelopment within existing floodplain Zoning Coastal Resources Coastal Uses Public Safety Coastal Barrier Resources Coastal Hazard Areas

18 EIS Alternatives Alternatives should be reasonable ways to meet the Purpose and Need of the Proposed Action Alternatives should be action-oriented and clearly defined Alternatives form the framework of the PEIS Analysis Changes to Alternatives will necessitate changes throughout the entire PEIS

19 Implications of a Programmatic Environmental Impact Statement (PEIS) for the NFIP What do I need to know about this? What does it mean to me?

20 What you can do This seems pretty interesting. I wonder how I can get participate? Coming Soon A Public Facing Website for the NFIP PEIS

21 Implications of a Programmatic Environmental Impact Statement (PEIS) for the NFIP What you should know There may be changes to the NFIP as a result of this effort Provides future program credibility when dealing with programmatic legal concerns and legal battles related to floodplain management and flood hazard mapping Results are a long way out, will take years to have a final PEIS for the NFIP Any program changes that could result from this will be open for public review and comment

22 What else would you like to know? Here is your time to ask questions Or For further information or questions contact: Ed Smith FEMA OEHP