Environmental Laws and Executive Orders Overview



Environmental Laws and Executive Orders Overview

|Public Law/ |Description and Intent |FEMA Responsibilities |Administering |

|Executive Order | | |Agencies |

| |

|Laws with Requirements Specific to Federal Funding Agencies |

|Costal Barrier Resources Act |Prohibits new Federal Expenditures or financial assistance for development within an |Review all actions for compliance with CBRA |U.S. Fish and Wildlife Service |

|16 U.S.C., 3501 et seq. |established Coastal Barrier Resources System unit or zone. |limitations/requirements |Field Office |

|44 CFR 206 Subpart J, |Protects ecologically sensitive coastal barriers along U.S. Atlantic, Gulf and Great |Consult with USFWS for exempted actions | |

|DOI CBRA Advisory |Lakes coasts. | | |

|Guidelines | | | |

|Coastal Zone Management Act |Requires Federal agencies conducting or supporting projects affecting the coastal |Obtain a Consistency Determination, either |State Office of Coastal Management|

|16 U.S.C., 1451 et seq. |zone to conduct/support those activities to the maximum extent possible in a manner |directly from State agency (or, in some states,|National Oceanic and Atmospheric |

|15 CFR Part 923 and Part 930, |consistent with the State’s approved coastal management plan. Requires consistency |fulfill consistency requirement by obtaining |Administration |

|Subpart D |determination for federal action |copy of applicant’s approved Coastal Zone | |

| |Action taking entity required to obtain permit from State coastal resource management|Permit) | |

| |agency or office | | |

|Comprehensive Environmental Response Compensation |Establish Super Fund, National Priorities List (NPL) of hazardous waste sites |Applicant and FEMA are potentially liable and |State agencies with jurisdiction |

|and Liability Act |targeted for cleanup |should review actions that may involve |over hazardous waste, storage |

|42 U.S.C. § 9601 |Establish legal framework (and precedents) for liability for owners, operators, and |contaminated sites |tanks, contaminated sites |

|ASTM E1527-97 |financers of activities affecting contaminated sites |Consult with applicable State and/or Federal |U.S. EPA |

| | |agencies | |

|Endangered Species Act |Prevents or requires modification of projects that could jeopardize |Consult with USFWS and/or NMFS when there may |U.S. Fish and Wildlife Service |

|16 U.S.C., 1531 et seq. |endangered/threatened species and/or destroy or adversely modify their critical |be an effect on protected species or their |Field Office |

|50 CFR Part 402,450,451, |habitat. |habitat |National Marine Fisheries Service |

|452, and 453 |Section 7 requires Federal Agency to consult with USFWS and/or NMFS as applicable |Carry other requirements resulting from |Applicable State Agencies for |

| | |consultation(s) |State Protected Species and Their |

| | |Coordinate compliance with Fish and Wildlife |Habitat |

| | |Coordination Act, Magnusson-Stevens Act, Marine| |

| | |Mammal Protection Act, and Migratory Bird | |

| | |Treaty Act | |

|Public Law/ |Description and Intent |FEMA Responsibilities |Administering |

|Executive Order | | |Agencies |

|Farmland Protection Policy |Requires Federal agencies to consider the adverse effects of their projects on |Consult with USDA NRCS |USDA Natural Resource Conservation|

|Act |farmlands (including the extent to which prime, unique, and other farmland (of |Complete Farmland Conversion Form for actions |Service State Office |

|7 U.S.C., 4201 et sea |Statewide or local importance) will be affected). |affecting farmland outside incorporated areas |State agencies for soils (e.g., |

|7 CFR 658 | |(e.g., towns, cities) |soil and water conservation |

| | |FEMA makes its own determination |districts) |

|Fish and Wildlife |Requires Federal agencies to consider the effects that projects may have on fish and |Consult with USFWS and/or NMFS for actions in, |U.S. Fish and Wildlife Service |

|Coordination Act |wildlife resources, take action to prevent loss or damage to these resources, and |near, or potentially affecting wetlands, |Field Office |

|16 U.S.C., 661 et seq. |support the development or improvement of these resources |waterways, or water bodies |National Marine Fisheries Service |

|No regulations |Protects fish and wildlife when Federal actions result in the control or modification| | |

| |of waterways, water bodies, or associated wetlands. | | |

|National Environmental Policy Act |Requires Federal agencies to use a multidisciplinary process to independently |Implement NEPA process and document NEPA review|President’s Council on |

|42 U.S.C.A., 4321 |evaluate and provide environmental impact information to federal decision makers, |(including public involvement) |Environmental Quality |

|40 CFR Parts 1500-1508 |State, tribal and local offices and the affected public before making decisions on |Applicant and FEMA must consider practicable | |

|(CEQ) |major Federal actions that may significantly affect the environment |alternatives when a project may adversely | |

|44 CFR Part 10 (FEMA) |NEPA requires a decision-making process and documentation (not a specific outcome) |affect or conflict with resources | |

| |Agency must involve public in actions that may have significant adverse impacts |Non-federal Applicants can prepare NEPA | |

| | |documents, however FEMA is responsible for | |

| | |final document completeness, correctness, and | |

| | |approval or denial. | |

|National Historic Preservation Act |Requires Federal agencies to “take into account” the impact of their actions on |Consult with State Historic Preservation |State Historic Preservation |

|16 U.S.C., 470 et seq. |historic properties listed (or eligible for listing) on the National Register for |Officer (and Advisory Council on Historic |Officer |

|36 CFR Parts 60, 61, 63, |Historic Places |Preservation if needed) and provide an |Tribal Historic Preservation |

|68, 79, and 800 | |opportunity to comment on undertakings that may|Officer |

| | |affected historic properties |Advisory Council on Historic |

| | |FEMA and Applicant must consider alternatives |Preservation |

| | |FEMA makes its own determination |National Park Service |

| | |Implement required conditions to mitigate | |

| | |adverse effects | |

|Public Law/ |Description and Intent |FEMA Responsibilities |Administering |

|Executive Order | | |Agencies |

|Wild and Scenic Rivers Act |Prohibits Federal Agencies from assisting projects having direct, adverse effects on |Consult with managing agency for designated |National Park Service |

|16 U.S.C., 271 et seq. |rivers listed in the National Wild Scenic River System (or under study for inclusion |river affected by FEMA funded action |Managing agency for that river |

|36 CFR Part 297, Subpart A |in the system) | | |

|Executive Order 11988 |Requires Federal agencies to avoid, to the fullest extent possible, long- and |Implement/document 8 step decision making |FEMA |

|(Floodplain Management) and |short-term adverse impacts on floodplains and wetlands |process |USACE-FWS |

|Executive Order 11990 | |Consider practicable alternatives to actions in|(wetlands) |

|(Wetland Protection) | |or affecting floodplains and/or wetlands | |

|44 CFR Part 9 | |Implement mitigation measures | |

| | |Notify public of actions and decision | |

| | |Coordinate compliance with CWA Section 404 | |

| | |FEMA makes its own determinations | |

|Executive Order 12898 |Requires fair treatment of all ethnic and income groups regarding public health and |Assess and mitigate highly disproportionate and|None |

|(Environmental Justice) |environmental effects from agency laws, regulations, policies, programs, and |adverse impacts on minority or low-income | |

| |projects. |populations | |

| |Requires Federal agencies to address applicable environmental justice concerns |Conduct public notice and involvement with | |

| | |affected populations | |

| | |FEMA makes its own determinations | |

|Laws with Requirements Jointly Applicable to |

|Action Entities (Applicants) and Federal Funding Agencies |

|Clean Water Act – Section 404 |Establish permit requirements for action entity (FEMA Applicant) to prevent |Applicant has primary responsibility |Authorized State agency |

|(Wetlands) |unauthorized obstruction (or alteration) of “waters of the Untied States” |FEMA, where beneficial, facilitates Applicant |U.S. Army Corps of Engineers |

|33 U.S.C., 1251-1387. |Section 404 focuses on the need to obtain a permit to discharge dredged or fill |compliance requirements |district |

|33 CFR Part 3300 |materials into U.S. waters |Coordinate with EO 11990 compliance process |U.S. Coast Guard for RHA |

| |Implemented in conjunction with Rivers and Harbors Act – for actions that may affect | | |

| |navigable waterways | | |

|Public Law/ |Description and Intent |FEMA Responsibilities |Administering |

|Executive Order | | |Agencies |

|Clean Water Act – Sections |Applies to action taking entity (FEMA applicant) |Applicant has primary responsibility |State agency for water quality in |

|313, 401 and 402 (Water Quality) |Section 313 – storm water management requirements |FEMA, where beneficial, facilitates Applicant |states with delegated regulatory |

|33 U.S.C., 1251-1387. |Section 401 – water quality certification (or waiver) required for any discharge |compliance requirements |responsibility (otherwise U.S. |

|33 CFR |regulated under Section 404. (Varies considerably by state) | |EPA) |

| |Section 402 – limits pollutant quantities that may be discharged into surface waters | | |

| |by industries and municipalities (e.g., a sewage treatment plant). National | | |

| |Pollution Discharge Elimination System (NDES) discharge permits may be required from | | |

| |EPA or the state | | |

|Resource Conservation and Recovery Act |Governs the management of solid and hazardous wastes and underground storage tanks |Monitor debris operations and coordinate with |State agencies with delegated |

|42 U.S.C., 6922 |Action entity must assess the adverse effects that debris, debris removal, hazardous |action entities to recycle waste materials |authority (otherwise, U.S. EPA; |

|40 CFR, Parts 240-282 |wastes, and hazardous waste clean-up projects may have on air and water quality, and |Applicant has primary responsibility for |Office of Solid Waste) |

| |on public and other environmental health, and take actions to prevent degradation |compliance with permitting and specific | |

| |May be required to obtain permit or approval from State agency governing solid waste |regulatory requirements | |

| |and storage tanks |FEMA facilitates Applicant’s compliance | |

| |Provides for planning requirements in disposal and recycling of debris |requirements and cooperation among multiple | |

| | |agencies involved in regulating debris | |

| | |operations | |

|Clean Air Act |Requires protection and enhancement of the nation’s air resources |Applicant has primary responsibility |State agency with delegated |

|42 U.S.C., 7401-7671 |Review and permitting requirements for action entities |FEMA, where beneficial, facilitates Applicant’s|authority (otherwise, U.S. EPA) |

| |Implemented through State plans, regulations and agencies |compliance requirements | |

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