Date: August 10, 2023

 Purpose
 
 The Federal Emergency Management Agency (FEMA) has determined that use of a programmatic/class review process for Grant Programs Directorate (GPD) grant-funded preparedness projects located in a floodplain would streamline agency coordination and create a reduction in the overall time required for EHP review.
 This memo documents the Programmatic 8-Step Process for specific preparedness Covered Project Types administered by GPD and is consistent with Executive Order 11988 Floodplain Management (EO 11988) and 44 Code of Federal Regulations Part 9, Floodplain Management and Protection of Wetlands (44 CFR Part 9).
 
 Background
 
 The goal of EO 11988 is to reduce the risk of flood loss; minimize the impacts of floods on safety, health, and welfare; and preserve and restore beneficial floodplain values.  FEMA's procedures for implementing EO 11988 are found at 44 CFR part 9.  Section 9.6 of these procedures includes an 8-step process decision-makers must use when considering projects with potential impacts to a floodplain or flooding.  The intent of the 8-step process is to identify whether a proposed project is in a floodplain; if so, provide an opportunity to justify why that project location is necessary, and finally, identify measures to minimize and mitigate the impacts.
 
 Implementing guidance for E.O. 11988 (Guidelines) allows for an altered or shortened decision-making floodplain evaluation "class review" process for certain routine or recurring actions, known as repetitive actions.  Class reviews or programmatic approaches allow for efficient and effective ways to meet EHP requirements, including floodplain reviews.  In considering whether to undertake such a review, the Guidelines instruct agencies to examine past actions that have been reviewed on an individual basis with public notice and opportunity to comment.  If the individual reviews have indicated uniformly that the actions would not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk, and little or no public comments to the contrary were received, a class review to streamline agency coordination and processing efforts may be appropriate.  
 
 Agencies may conduct class reviews of routine or recurring actions when:  (1) consideration of whether to locate in a floodplain is substantially similar; (2) there is no practicable alternative(s), consistent with any Executive Orders and applicable agency codes, to siting in a floodplain for each action within the class; and (3) all practical measures to minimize harm to the floodplain are included in the review criteria that, if followed, will minimize any adverse impacts that may be associated with the individual actions covered in the class review. 
 
 FEMA conducted a review of 570 Covered Project Types funded through GPD grant programs from 2008 to 2023 that previously received floodplain review on an individual basis.  The results of these individual reviews indicated that these identified types of activities would not have an adverse impact on floodplain values, the activities should remain in the floodplain and have received no public comments to the contrary from public notices of these reviews.
 GPD manages FEMA's suite of preparedness grants that collectively aim to enhance the nation's ability to prevent, protect, mitigate, respond to, and recover from all hazards.  The grants covered by this Programmatic 8-Step Process include:
 Assistance to Firefighters Grant Program
 Staffing for Adequate Fire & Emergency Response Grants
 Fire Prevention & Safety Grants
 Emergency Management Performance Grants
 Homeland Security Grant Program including:
 State Homeland Security Program
 Urban Area Security Initiative
 Operation Stonegarden
        Intercity Bus Security Grant Program
 Intercity Passenger Rail Security Grant Program
 Non-Profit Security Grant Program
 Port Security Grant Program
 Tribal Homeland Security Grant Program
 Transit Security Grant Program
 
 All FEMA grant-funded projects carried out in the floodplain or affecting the floodplain must also be consistent with National Flood Insurance Program (NFIP)-participating community's state and local floodplain ordinances.  If a community's state and local floodplain ordinances require a floodplain development permit, it is the responsibility of the subrecipient to secure such a permit before any work begins.

 Covered Project Types
 FEMA has identified the potential direct and indirect adverse impacts to floodplains associated with specific small-scale activities funded by GPD; they are listed below.  As required by 44 CFR 9.11, FEMA has considered those activities in terms of the occupancy and modification of floodplains, the potential to directly or indirectly promote floodplain development, and whether there could be any practicable alternative locations or actions.
 Preparedness grant program activities covered by this 8-Step Process include installation of new security equipment on or in existing buildings or structures, or adjacent to existing buildings or structures; replacement or upgrading of existing security equipment; and repair of existing buildings or structures.
 
Temporary Structures:
 Installation of temporary removable barriers.
Recreation and Landscaping
 Repairs, replacement, and minor upgrades to security equipment on existing recreational facilities.
 Repair, in-kind replacement, and minor upgrades to existing landscaping elements (e.g., bollards, planters, lighting elements, signs) that do not require additional ground disturbance.
Buildings  -  Interior
 Building contents, including furniture, movable partitions, computers, cabinetry, supplies, equipment, and any other moveable items.
 Minor changes to interior structural elements (e.g., floors, walls, ceilings) to facilitate preparedness purposes such as Emergency Operation Centers.
 Installation, repair or replacement of equipment including electronic equipment, electronic whiteboards, televisions and wall monitors, radios, self-contained breathing apparatus, and gear washers and dryers for preparedness purposes on existing facilities.
 Installation, repair, or replacement of building communication and surveillance security systems, such as cameras, closed-circuit television, alarm systems, public address systems, and warning sirens for preparedness purposes on existing facilities.
 Installation, repair or replacement of building access security devices, such as card readers, enhanced locks, and security scanners (e.g., metal detectors), motion sensors, panic buttons, and access control equipment for preparedness purposes on existing facilities.
 Installation, repair or replacement of interior fire detection, fire suppression, or security alarm systems for preparedness purposes on existing facilities.
 Installation, repair, upgrading, or replacement, of interior utility systems, including mechanical (e.g., heating, ventilation, air conditioning), electrical, and plumbing systems, ventilation units, and air handler units, including the associated ductwork and electric conduits for preparedness purposes on existing facilities.
Windows and Doors
 Repair or replacement of windows, windowpanes, window frames, shutters, storm shutters, doors and door frames, and associated hardware, or installation of window blast protection film or security bars for preparedness purposes on existing facilities.
 Installation, repair or replacement of doors, door frames, locks, and access control equipment for preparedness purposes on existing facilities.
Exterior Security Features
 Installation, repair or replacement of exterior lighting systems, cameras, and early warning systems for preparedness purposes on existing facilities.
 Repair or replacement of above-ground bollards or tire puncture treadles that do not require ground disturbance for preparedness purposes on existing facilities.

Transportation, Utilities, and Communication Systems
 Installation, repair, or replacement of license plate readers, emergency warning sirens, and emergency notification signs for preparedness purposes on existing facilities.
 Repair, replacement, minor upgrading, small scale realignment, and elevation of utilities and associated features and structures for preparedness purposes on existing facilities.
 Repair or minor upgrade of water towers for preparedness purposes on existing facilities.
 Collocation of antennas, communication, or security equipment for preparedness purposes on existing buildings, structures, poles, or communication towers.
 Enhancement or repair for preparedness purposes on existing communication towers and antenna supports.

Activities Not Covered
 
 This Programmatic 8-Step Process does not apply to:
 Estimated repairs greater than 50% of facility replacement costs.
 Projects located in regulatory floodways or coastal high hazard areas, including V/VE Zones. 
 Construction of new buildings, structures, infrastructure, or facilities.
 Construction, reconstruction or facility improvements on existing buildings, structures, infrastructure, or facilities that are intended and designed to extend the life of the property within the floodplain. 
 Any activity that does not clearly fit the activities listed above.
 Any activity that exceeds the impacts to the floodplain identified in the 8-Step Process.

8-Step Process for Covered Activities

 The following is the 8-Step Process for the covered activities listed above, following the guidance at 44 CFR 9.6.  These steps involve: (1) a determination that the action is in the 100- year floodplain (500-year floodplain for critical actions), would affect the floodplain, be affected by the floodplain, or would indirectly support development in the floodplain; (2) early public notice; (3) identification and evaluation of alternatives to locating in the floodplain; (4) identification of the impacts of the proposed action; (5) selection of minimization, restoration, and preservation measures; (6) reevaluation of alternatives; (7) publication of findings and public explanation; and (8) implementation of the action.
STEP 1 - Determine whether the activities are located in a wetland and or the 100-year floodplain (500-year floodplain for critical action [44 CFR 9.4]) or whether they have the potential to affect or be affected by a floodplain or a wetland (44 CFR 9.7).
 Floodplain determinations must be made using "best available data" consistent with FEMA Policy 104-008-2: Guidance on the Use of Available Flood Hazard Information (10/11/16). For most activities, this will be Flood Insurance Rate Maps (FIRMS).  Where FIRMS are not available, a floodplain determination will be made consistent with FEMA policy by seeking additional information from Federal, State, or local sources, such as the U.S. Army Corps of Engineers, National Oceanic and Atmospheric Administration, U.S. Geological Survey, state departments of Transportation or Natural Resources, or Flood Control Districts, and will be noted in the Record of Environmental Consideration.

   X_ Applicable

 The activity sites listed above may be in the base floodplain as well as the 500-year floodplain for critical actions.  Additionally, most sites will be located within a NFIP participating community and will be reflected on a FIRM.

STEP 2 - Notify the public at the earliest possible time of the intent to carry out an action in a floodplain or wetland and involve the affected and interested public in the decision- making process (see 44 CFR 9.8).

   X_ Applicable

 Initial Notice is being provided by publishing an Initial Notice in the Federal Register on October 4, 2023. 

STEP 3 - Identify and evaluate practicable alternatives to locating the activity in a
 floodplain or wetland (including alternative sites, actions, and the "No Action" option) [see 44 CFR 9.9]. If a practicable alternative exists outside of the floodplain or wetland, FEMA must locate the action at the alternative site.

   X_ Applicable
 No practicable alternative locations outside the floodplain (or 500-year floodplain for critical actions) for the activities listed above were identified because the activities are small-scale security improvements that take place at or on existing facilities/structures.  Since FEMA has limited the activity types subject to this determination to those that involve elements or components of existing facilities/structures, the only way to find an alternative location outside the floodplain would be to relocate the structure/facility.  The economic and legal aspects associated with relocation of an existing facility/structure are generally impracticable given the nature and relationship of the above listed activities compared to the larger facility/structure.
 Additionally, no alternative actions that serve essentially the same purpose and have less potential to affect or be affected by the floodplain were identified for the covered activities.  The dependency upon the existing facility/structure eliminates the ability to alter the activities listed above and still meet the intended purpose of the grant program.  Relocating facilities for these types of Covered Project Types projects is generally not feasible or practicable.  Relocation of existing facilities could adversely impact affected communities socially and economically by changing established transportation patterns.  The "no action" alternative would not meet the purpose and need of the grant program and proposed project and would leave critical gaps in security.
 
 STEP 4 - Identify the full range of potential direct or indirect impacts associated with the occupancy or modification of floodplains and wetlands and the potential direct and indirect support of floodplain and wetland development that could result from the activity (see 44 CFR 9.10).

   X_ Applicable
 The activities listed above in Covered Project Types do not alter floodplain characteristics and do not materially extend the life of the existing structure or facility.  The activities will not modify the floodplain or increase the risk of flood loss as installations, replacements, or repairs of new security equipment and repair, replacement, or minor upgrades to existing facilities or their structural elements are small-scale and do not include ground disturbance or expansion into areas without previous disturbance or previous improvements.  Because these activities are small-scale, it is unlikely the base discharge could increase or cause flood hazards to other properties or structures to be worsened.  Construction associated with the listed activities may create short term, direct adverse impacts to temperature, dissolved oxygen, or turbidity of surface waters through the discharge of runoff water containing pollutants and sediment into a floodplain.  The installation of temporary structures has the potential to create temporary, direct impacts to the floodplain by affecting flow characteristics and by capturing debris.  These temporary impacts would last only as long as the temporary structure is in place.
 The activities listed above do not cause additional long- and short-term adverse impacts associated with the occupancy of floodplains.  Minor equipment installations, replacements, and repairs will not meaningfully increase the useful life of the overall facilities, but the new or repaired equipment may be subject to potential harm from the flood hazard by virtue of its location in the floodplain.  Repair, replacement, or minor upgrades to facilities or structural elements will provide small-scale preparedness and security enhancements and are not intended or designed to increase the useful life of the structure or facility or maintain the investment at risk to the flood hazard.
 Given the small-scale nature of the covered activities relative to the larger facility/structure, the impact of floods on human health, safety, and welfare will remain but will not be increased.  The covered activities will not result in increases in transportation capacity, future growth, or increased development in the floodplain.  FEMA assumes based on its review of prior covered projects that continued occupancy of the floodplain in and around the applicable activity will occur regardless of the covered activity.
 Installations of new security equipment on existing buildings or structures or replacement of existing equipment on existing buildings or structures or repair of existing buildings or structures associated with enhancing security at existing facilities will not meaningfully change localized current floodplain functions or values.  The covered activities will not forego any existing opportunity to restore the natural and beneficial values served by floodplains as the covered activities are small scale and part of a larger existing facility/structure.  In some cases, design considerations may be incorporated to restore aesthetic or open space values.
 
 STEP 5 - Minimize the potential adverse impacts and support to or within floodplains and wetlands to be identified under Step # 4, restore and preserve the natural and beneficial values served by floodplains, and preserve and enhance the natural and beneficial values served by wetlands (see 44 CFR 9.11).

   X_ Applicable
 Grant funding for the activities listed above in Covered Project Types shall be conditioned to be in accordance with local floodplain ordinances and applicable codes and standards which may include minimization measures.
 Mitigation of potential harm from location within the floodplain will be addressed by requiring applicants to apply mitigation measures to minimize the impact to the floodplain and project designs to protect the federal investment for the installation, replacement, or repair of security equipment listed above following guidance such as that provided in FEMA publication P-348, Protecting Building Utility Systems from Flood Damage, which describes mitigation measures for non-structural components including building system utilities, equipment, and equipment components.  Mitigation of the short-term, direct adverse impacts associated with construction activities will be achieved through the application of typical construction practices including runoff controls.  For covered activities in participating NFIP communities, a floodplain development permit or documentation from the local floodplain administrator that the work is consistent with its rules will be required to ensure compliance with the NFIP.  All projects located in the floodplain will include a condition for the applicant to coordinate with the local floodplain administrator/permitting official to obtain any required permitting.

STEP 6 - Re-evaluate the activity to determine first, if it is still practicable in light of its exposure to flood hazards, the extent to which it will aggravate the hazards to others and its potential to disrupt floodplain and wetland values, and second, if alternatives preliminarily rejected at Step #3 are practicable in light of the information gained in Steps #4 and #5. FEMA shall not act in a floodplain or wetland unless it is the only practicable location.

   X_ Applicable
 In re-evaluation of alternatives and consideration of potential impacts and minimization measures, the proposed activities are still practicable at floodplain sites.  Minimization of harm will be achieved by elevating equipment above the base flood elevation, where feasible, or by otherwise protecting equipment, including electrical connections and components associated with the project that will not be functional if exposed to water, to the 100-year (1% annual chance) flood elevation (or 500-year flood elevation if a critical action).  There is no potential to limit the action to increase the practicability of non-floodplain sites and alternative actions.  The no action alternative is not practicable because not carrying out these actions will not meet the need to improve national preparedness and homeland security.  The public benefits of the project as well as the small-scale nature of the covered activities with dependencies upon a larger facility/structure clearly outweigh the requirement of EO 11988 to avoid direct or indirect support of floodplain development; reduce the risk of flood loss; minimize the impact of floods on human safety, health and welfare; and restore and preserve floodplain values.

STEP 7  - Prepare and provide the public with a finding and public explanation of any final decision that the floodplain or wetland is the only practicable alternative (see 44 CFR 9.12).

   X_ Applicable

 FEMA provided notice by publishing Notice in the Federal Register on October 4, 2023.  

STEP 8  - Review the implementation and post-implementation phases of the activity to ensure the requirements of Executive Order 11988 are fully implemented. Oversight responsibility shall be integrated into the existing process.

   X_ Applicable

 Implementation and oversight responsibility shall be integrated into existing GPD processes for project grant review, award, award administration and closeout.  All grants will be conditioned on compliance with applicable floodplain ordinances and codes and standards.
