Programmatic Environmental Assessment draft, Jan 2002

NYC 9/11 Public Portal Document

proposed action of specific individual projects, both large- and small-scale, and whether additional NEPA dociunentation is required. In most cases, it .'s expected that the memorandum would state that the project, alternatives, potential impacts, and mitigation activities were reviewed and found to be fully and accurately described by the PEA and the PEA FONSI. In these cases, the project memorandum would recommend that no further documentation would be required to comply with NEPA prior to project funding authorization. Figure 1-4 is a project flowchart that describes the FEMA review and NEPA compliance process.

If this PEA does not adequately address a specific project proposed for funding, or if cumulative impacts are deemed significant, then the applicant must prepare supplemental environmental documents. The CEQ regulations recognize and encourage the use of such tiering environmental analyses. This PEA is a forward-thinking, broadly focused document that discusses the impacts of wide-ranging or long-term programs that would be followed, if necessary, by more narrowly defined environmental studies concentrating on specific issues and specific projects. The PEA would help expedite the funding approval process and expedite NEPA compliance to the benefit of the applicant. In some cases, a Supplemental Environmental Assessment (SEA) and a corresponding FONSI would be issued to address projects not adequately addressed by this PEA. Other projects may result in significant impacts or cumulative impacts and an Environmental Impact Statement may need to be prepared. These decisions would be made by FEMA upon review of individual project proposed for funding; memoranda to the files addressing sufficiency of NEPA documentation would be developed for each project submitted for funding.

In most disaster situations, NEPA compliance for projects that focus on recovery and restoration are addressed in part through the use of Statutory Exclusions (STATEXs) and Categorical Exclusions (CATEXs) identified by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Typical examples of CATEXs for PA and HMGP projects include:

• acquisition of properties and associated demolition or removal of structures when the action has a willing seller, a buyer who coordinated with affected authorities, and a deed restriction that the acquired property remains as open space use in perpetuity • physical relocation of individual structures where FEMA has no involvement in relocation, site selection, or redevelopment • repair, reconstruction, restoration, elevation, retrofitting, upgrading, or -eplacement of a facility in a manner that substantially conforms to the pre­ disaster design, function, and location.

Extraordinary conditions have been identified for FEMA DR-1391. As a result, this draft PEA would address conditions that are typically addressed under a CATEX or STATEX for both PA and HMGP projects located in the area of potential effect. The PEA would also serve to assist with the project definition stage, allowing applicants the opportunity to engage in upfi-ont project development and impact avoidance and minimization.

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