Environmental Considerations/Categorical Exclusions

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 10

RIN 3067-AC21

Environmental Considerations/Categorical Exclusions

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim rule.

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SUMMARY: This interim rule amends 44 CFR 10 by adding certain purchases

of flooded properties to the list of actions that FEMA categorically

excludes from reviews under the National Environmental Policy Act

(NEPA). Such purchases historically have no significant environmental

effects. The intent of the change is to streamline the administrative

process associated with implementation of hazard mitigation projects

involving the purchase of flooded properties. The change ensures that

environmental concerns and issues are still satisfied.

EFFECTIVE DATE: January 7, 1994. We invite comments on the interim

rule, which must be received on or before March 8, 1994.

ADDRESSES: Please submit any written comments to the Rules Docket

Clerk, Office of the General Counsel, Federal Emergency Management

Agency, 500 C Street, SW., room 714, Washington, DC 20472, (fax) (202)

646-4536.

FOR FURTHER INFORMATION CONTACT: Laurence Zensinger, Mitigation

Directorate, Federal Emergency Management Agency, 500 C Street, SW.,

Washington, DC 20472, (202) 646-4240.

SUPPLEMENTARY INFORMATION: FEMA developed this categorical exclusion

for property acquisition in response to suggestions for expanding

FEMA's existing list of projects warranting categorical exclusions

(CATEX) that FEMA lists at 44 CFR 10.8(c)(2). The intent of the change

is to streamline the administrative process associated with approving

hazard mitigation projects that involve the purchase of properties (and

conversion to open space use of the land on which such properties are

located) that floods damage. Based on the nature and history of such

projects under normal circumstances there will be no significant

environmental effects.

FEMA conducted a comprehensive review of its environmental actions

before developing this interim rule. The Agency carries out hazard

mitigation activities primarily under section 1362 of the National

Flood Insurance Act of 1968, as amended, 42 U.S.C. 4103, but also under

section 404 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, as amended, 42 U.S.C. 5170c. Our review of

environmental actions shows that FEMA's hazard mitigation activities

relating to the conversion of property to open space use consistently

result in Findings of No Significant Impact. Hazard mitigation

relocation projects under normal circumstances do not have a

significant environmental impact because they involve acquisition of

properties to remove flooded structures from flood-prone areas and to

revert the land to open space use. FEMA now adds 44 CFR 10.8(c)(2)(x)

to authorize categorical exclusions (``CATEX'') covering acquisition of

properties that will have no significant environmental effects after

acquisition and return of the land to its natural state. The new CATEX

will only apply to those actions that involve acquisition of property

and will not apply to any project involving the development of another

site. The new CATEX will not apply in those situations described under

the existing FEMA regulation, 44 CFR 10.8(b)(2), entitled ``Actions

That Normally Require an Environmental Impact Statement,'' or in

situations involving extraordinary circumstances where FEMA's

regulations normally require an Environmental Assessment. See 44 CFR

10.8(e).

In addition, the new CATEX will not affect FEMA's responsibility to

comply with other environmental statutes. These include the Clean Air

Act, the Clean Water Act, the Resource Conservation and Recovery Act,

the Comprehensive Environmental Response, Compensation and Liability

Act, the Coastal Zone Management Act, the Coastal Barrier Resources

Act, the Endangered Species Act, the National Historic Preservation

Act, and the Archeological and Historic Preservation Act. Nor will it

affect FEMA's responsibilities under Executive Orders 11988 and 11990,

or under FEMA's implementing regulations at 44 CFR 9, and FEMA's

National Flood Insurance Program regulations at 44 CFR 59 through 77.

This interim rule is immediately effective because States and

communities are acquiring properties more frequently than before to

resolve public health and safety concerns following the Great Flood of

1993 in nine midwestern States. Significant numbers of flooded

properties must be acquired swiftly to avoid flooding the same

properties again soon, with new and additional threats to public health

and safety.

National Environmental Policy Act

The requirements of 44 CFR part 10, Environmental Consideration,

exclude this rule. FEMA has not prepared an environmental impact

assessment.

Regulatory Flexibility Act

I certify that this rule will not have a significant economic

impact on a substantial number of small entities under the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. The rule adds one category to

FEMA's categorical exclusions from reviews under the National

Environmental Policy Act, and FEMA does not expect the rule (1) to

affect adversely the availability of disaster assistance funding to

small entities, (2) to have significant secondary or incidental effects

on a substantial number of small entities, or (3) to create any

additional burden on small entities.

Regulatory Impact Analysis

This rule is not a major rule for the purposes of Executive Order

12291, Federal Regulation, February 17, 1981, 3 CFR, 1981 Comp., p.

127. FEMA has not prepared a regulatory impact analysis.

Paperwork Reduction Act

This rule does not involve any collection of information for

purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

This rule involves no policies that have federalism implications

under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987

Comp., p. 252.

Executive Order 12778, Civil Justice Reform

This rule meets the applicable standards of section 2(b)(2) of

Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991

Comp., p. 309.

List of Subjects in 44 CFR Part 10

Environmental impact statements

Accordingly, 44 CFR Part 10 is amended to read as follows:

1. The authority citation for Part 10 is revised to read as

follows:

Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970,

35 FR 4247, as amended by E.O. 11991, 3 CFR, 1977 Comp., p. 123;

Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12127, 3

CFR, 1979 Comp., p. 376; and E.O. 12148, 3 CFR, 1979 Comp., p. 412,

as amended.

2. Section 10.8(c)(2) is amended by adding a new paragraph

(c)(2)(x) to read as follows:

Sec. 10.8 [Amended]

* * * * *

(c) * * *

(2) * * *

(x) The acquisition of properties under section 1362 of the

National Flood Insurance Act of 1968, as amended, under section 404 of

the Robert T. Stafford Disaster Relief and Emergency Assistance Act,

and under any other applicable authority when the acquisition is from a

willing seller, the buyer coordinated acquisition planning with

affected authorities, and the acquired property will be dedicated in

perpetuity to uses that are compatible with open space, recreational,

or wetlands management practices.

Dated: January 3, 1994.

James L. Witt,

Director.

[FR Doc. 94-356 Filed 1-6-94; 8:45 am]

BILLING CODE 6718-01-P