
[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17940-17942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8006]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0014]


Draft Programmatic Environmental Assessment for the Evaluation of 
the Grant Programs Directorate's Programs

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has prepared a 
draft Programmatic Environmental Assessment (PEA) to address the 
potential impacts to the human environment resulting from typical 
actions funded by FEMA's Grant Programs Directorate (GPD) through the 
wide variety of homeland security and emergency preparedness grant 
programs that it administers. These programs provide grant funding to 
States, Territories, and local and recognized Tribal governments to 
enhance their homeland security efforts. The grant monies provide for 
planning, conducting training and exercises, the purchase of equipment, 
and management and administration. The purpose of the PEA is to 
evaluate GPD programs and projects allowable under those programs, and 
to facilitate FEMA's compliance with the National Environmental Policy 
Act (NEPA) by providing a framework to address the potential 
environmental impacts of these projects.
    FEMA is also making available for public comment a draft Memorandum 
of Understanding (MOU) between FEMA and the U.S. Fish and Wildlife 
Service (FWS) establishing procedures to monitor, assess, minimize and 
avoid avian mortalities from communication tower construction 
activities funded by FEMA. The MOU would be executed pursuant to 
Executive Order 13186--``Responsibilities of Federal Agencies to 
Protect Migratory Birds.''
    FEMA also provides notice to the public of the availability of a 
FEMA comment on a draft program comment from the Advisory Council on 
Historic Preservation (ACHP) regarding the effects of communication 
facilities construction or modification subject to review by the 
Federal Communications Commission (FCC). The ACHP draft program comment 
recommends that projects funded by the National Telecommunications and 
Information Administration and projects funded by the Rural Utilities 
Service be exempt from the review required under Section 106 of the 
National Historic Preservation Act (NHPA) by applicable FCC 
Programmatic Agreements if the projects have undergone, will undergo, 
or are exempt from Section 106 review by the FCC. FEMA seeks to add GPD 
projects to that proposed exemption.

DATES: Comments on the draft Programmatic Environmental Assessment and 
on the draft Memorandum of Understanding between FEMA and the U.S. Fish 
and Wildlife Service must be submitted on or before May 10, 2010.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2008-
0014, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Search for 
Docket ID FEMA-2008-0014 and follow the instructions for submitting 
comments.
    E-mail: FEMA[dash]POLICY@dhs.gov. Include Docket ID FEMA-2008-0014 
in the subject line of the message.
    Fax: 703-483-2999.

[[Page 17941]]

    Mail/Hand Delivery/Courier: Office of Chief Counsel, Federal 
Emergency Management Agency, 500 C Street, SW., Room 835, Washington, 
DC 20472-3100.
    Instructions: All submissions received must include the agency name 
and Docket ID. Regardless of the method used for submitting comments or 
material, all submissions will be posted, without change, to the 
Federal eRulemaking Portal at http://www.regulations.gov, and will 
include any personal information you provide. Therefore, submitting 
this information makes it public. You may wish to read the Privacy Act 
notice that is available via a link in the footer of http:/
www.regulations.gov.
    Docket: For access to the docket to read the draft Programmatic 
Environmental Assessment, the draft Memorandum of Understanding between 
FEMA and the U.S. Fish and Wildlife Service, the FEMA comment on the 
draft program comment from the ACHP, or comments submitted by the 
public on these documents, go to the Federal eRulemaking Portal at 
http://www.regulations.gov and search for docket ID FEMA-2008-0014. 
These documents may also be inspected at FEMA, Office of Chief Counsel, 
Room 835, 500 C Street, SW., Washington, DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Environmental 
Officer, Office of Environmental Planning and Historic Preservation, 
FEMA, 500 C Street, SW., Washington, DC 20472-3100; phone (202) 646-
2741; or Adria Mart[iacute]nez, Program Manager, GPD, FEMA, 500 C 
Street, SW., Techworld Bldg., Room 5142 Washington, DC 20472-3100; 
phone (202) 786-9603.

SUPPLEMENTARY INFORMATION: 

Draft Programmatic Environmental Assessment for the Evaluation of the 
Grant Programs Directorate's Programs

    The purpose of the draft Programmatic Environmental Assessment 
(PEA) is to evaluate the programs of the Grant Programs Directorate 
(GPD) and the projects allowable under these programs and facilitate 
FEMA's compliance with the National Environmental Policy Act (NEPA) by 
providing a framework to address the potential environmental impacts of 
those projects.
    The PEA also provides the public and decision-makers with the 
information required to understand and evaluate the potential 
environmental consequences of actions funded by FEMA. In addition to 
meeting the goals of impact identification and disclosure, the PEA 
addresses the need to streamline the NEPA review process in the 
interest of national preparedness and homeland security.
    The analysis presented in the PEA relies on FEMA's experience 
regarding environmental impacts that can be expected with actions that 
would be funded under GPD grant programs. It is also based on a review 
of scientific literature, consultation with regulatory and resource 
agencies, and expert opinion. FEMA will consider the analysis in the 
PEA to determine whether a Finding of No Significant Impact (FONSI) or 
a Notice of Intent to Prepare an Environmental Impact Statement is 
appropriate for the proposed actions described and assessed in the PEA.
    FEMA will use the PEA to evaluate the environmental impacts of GPD 
grant programs and the projects funded by these programs. The PEA will 
also assist in determining when more site-specific information is 
needed and what level of environmental analysis and documentation is 
required in order for more complex projects to comply with NEPA.

Draft Memorandum of Understanding Between FEMA and the U.S. Fish and 
Wildlife Service

    The purpose of the Memorandum of Understanding (MOU) is to 
establish procedures to be utilized by FEMA and the U.S. Fish and 
Wildlife Service (FWS) to monitor, assess, minimize and avoid avian 
mortalities from FEMA-sponsored telecommunication towers. Migratory 
birds are of great ecological and economic value to this country and to 
other countries. The United States has recognized the critical 
importance of this shared resource by ratifying international, 
bilateral conventions for the conservation of migratory birds. Under 
Executive Order (E.O.) 13186-- ``Responsibilities of Federal Agencies 
to Protect Migratory Birds,'' Federal agencies are encouraged to 
negotiate MOUs with the FWS to promote the conservation of migratory 
birds for taking actions, such as development and implementation of 
programs, that have or are likely to have a measurable negative effect 
on migratory bird populations.
    Avian mortality due to collisions with telecommunication towers is 
a well documented phenomenon that has prompted significant debate and 
litigation in the United States. GPD programs can be used to fund the 
modification or new construction of towers. As a result, FEMA is 
exercising its authorities and responsibilities under E.O. 13186, as 
well as related laws such as NEPA, the Migratory Bird Treaty Act, the 
Endangered Species Act, E.O. 11988--``Floodplain Management,'' and E.O. 
11990--``Protection of Wetlands,'' to establish this framework.

FEMA Comment on a Draft Program Comment From the Advisory Council on 
Historic Preservation

    On September 17, 2009, the Advisory Council on Historic 
Preservation (ACHP) published a notice for comment on its Draft Program 
Comment for the National Telecommunications and Information 
Administration and the U.S. Department of Agriculture's Rural Utilities 
Service Regarding the Effects of Communication Facilities Construction 
or Modification Subject to Review by the Federal Communications 
Commission (74 FR 47807). The draft program comment requests the 
elimination of duplicative National Historic Preservation Act (NHPA) 
Section 106 reviews for tower construction and modification projects 
sponsored by the Rural Utilities Service (RUS) and the National 
Telecommunications and Information Administration (NTIA) that have 
undergone, will undergo, or are exempt from Section 106 review under 
Federal Communication Commission (FCC) historic preservation 
procedures, which are governed by applicable FCC Programmatic 
Agreements.
    FEMA believes that the ACHP draft program comment should be 
extended to grant-funded construction and modifications of 
telecommunication towers sponsored by FEMA. Among the eligible 
activities funded by GPD and critical to the Nation's readiness are the 
installation of new, or modification of existing, telecommunication 
towers and collocation of antennas on existing towers or non-tower 
structures to ensure interoperable communication between first 
responders during disasters or emergency events. FEMA believes that 
when grantees must satisfy the Section 106 review for both FEMA and FCC 
purposes, and the FCC requirements have been fulfilled for the project 
before the project is submitted to FEMA, a redundant level of effort is 
created that places an undue administrative burden upon grantees and 
State Historic Preservation Officers/Tribal Historic Preservation 
Officers (SHPOs/THPOs). This results in an unnecessary delay in the 
delivery of funds to the grantee for homeland security/emergency 
preparedness initiatives, and provides no additional value to the 
consideration of historic properties in keeping with the spirit and 
intent of Section 106. As a result, FEMA is providing comments to the 
ACHP to request the inclusion of

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FEMA's comment in the ACHP draft program comment.

    Authority: National Environmental Policy Act (NEPA), as amended, 
42 U.S.C. 4331 et seq.; 40 CFR 1500.1 et seq.; 44 CFR 10.1 et seq.

    Dated: April 1, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-8006 Filed 4-7-10; 8:45 am]
BILLING CODE 9111-78-P


