Transcript U.S. Department of Justice Office of Justice Programs

EHP Compliance
Environmental Planning and Historic
Preservation (EHP) Compliance
(p. 43-45)
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EHP Compliance
What is an EHP Review?
 Involves an analysis of pertinent project information used to
determine the appropriate amount of documentation required
for EHP compliance
 All projects funded with Federal grant dollars must comply with
EHP laws, regulations, and Executive Orders
 Projects must be EHP approved before initiation
 GPD certifies that a grant-funded project is in compliance with
applicable EHP laws, regulations, and Executive Orders
 Complex projects will typically require more information to
reach a determination
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EHP Compliance
EHP Laws and Executive Orders
Executive Orders:
Environmental Justice
Floodplains
Wetlands
Endangered Species Act
National Historic
Preservation Act
NEPA
Clean Air Act
Clean Water Act
Resource Conservation &
Recovery Act
Coastal Barrier
Resources Act
Coastal Zone
Management Act 3
EHP Compliance
What are EHP Considerations?
 Endangered Species
 Cultural Resources
•Historic properties
•Archaeological sites
 Air and Water Quality
 Noise
 Fish, Habitat & Wildlife
 Floodplains
 Wetlands
 Coastal Zones
 Agricultural Lands
 Environmental Justice
 Socioeconomic Resources
 Land Use
 Hazardous Materials
 Traffic
 Geology (Topography, Soils)
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EHP Compliance
Floodplains and Wetlands
 Avoid to the extent possible adverse impacts to wetlands and
actions within or affecting floodplains
 If there is a reasonable alternative outside the wetland or
floodplain, FEMA will not fund the project within the wetland or
floodplain
 If the project impacts or may impact wetlands or a floodplain
you should submit:
- Section 404 and Section 10 permits (Wetlands)
- National Wetlands Inventory Map showing project location
http://www.fws.gov/wetlands/Data/mapper.html
- FEMA Flood Insurance Rate Map (FIRM) showing project location
http://www.fema.gov/hazard/map/firm.shtm
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EHP Compliance
Coastal Zone Management Act (CZMA)
 Goals:
- Reduce uncontrolled development
on islands, beaches, salt marshes,
transitional or inter-tidal areas, and
other coastal areas
 Applicability:
- States with a shoreline in the
coastal zone or ones that border
the Great Lakes
- All states in the coastal zone
have a Coastal Zone
Management Plan (CZMP)
- Be aware of the states CZMP and
ensure that your project is in
compliance
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EHP Compliance
Importance of Compliance
Compliance
 Protection of natural and
cultural resources
Non-Compliance
 Project delays
 De-obligation of funding
 Improved project planning
 Negative publicity
 Cost efficient
 Civil penalties
 Programmatic and financial
compliance
 Lawsuits
 Efficient project
implementation
 Improved community relations
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EHP Compliance
GPD EHP Review Process
 Grantees are responsible for providing all relevant EHP
materials to GPD
 Grant funds may be used for preparation of EHP
documentation
 FEMA may be required to consult with State Historic
Preservation Office (SHPO), the U.S. Fish and Wildlife
Service (FWS), etc.
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EHP Compliance
Roles and Responsibilities
 Grantees
- Responsible for EHP compliance
- Submittal of all EHP review packets to GPD
 GPD Program Analysts (PA)
- Point of contact between the grantee or Fiduciary Agent,
GPD-EHP Team, and Regional Environmental Officer
(REO)
- Approval of projects with no potential for environmental
and/or historic preservation impacts (Type A)
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EHP Compliance
Roles and Responsibilities
 GPD-EHP Team
- Point of contact for PAs and REOs
- Approval of projects with no potential for environmental and/or
historic preservation impacts if certain conditions apply (Type B)
 REO
- Review and approval of project with potential for environmental
and/or historic preservation impacts (Type C)
- Responsible for State Historic Preservation Office (SHPO)
consultation, with the assistance if necessary from GPD
- Liaison with grantees and GPD
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EHP Compliance
Type A Projects
 Sub-grantees do NOT need to submit the EHP screening
memo/EHP packet in these cases. State clearly in IJ “project
has no potential for environmental and/or historic preservation
impacts”. For training – state “classroom based”.
 Projects with no potential for environmental and/or historic
preservation impacts:
- Planning
- Classroom-based training and exercises
- Field-based training at existing facilities with established
procedures
- Personnel
- Mobile and portable equipment (PPE, radios, etc.), vehicles, and
other equipment that does not require any installation
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EHP Compliance
Type B Projects
 Sub-grantees do not need to complete an EHP screening
memo/review packet if these projects have no potential for
environmental and/or historic preservation impacts if certain
conditions apply
 Examples include:
- Physical security enhancements
- Equipment installation (structures less than 50 yrs old)
 e.g. physical security/access controls
 Typical questions
- Does the project involve new ground disturbance or clearance of
vegetation?
- Does project utilize existing infrastructure?
- Will work occur in the vicinity of historic properties?
- Will work occur in or near water?
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EHP Compliance
Type C Projects
 Sub-grantees MUST complete EHP screening
memo/review packet
 Projects that may have the potential for
environmental and/or historic preservation
impacts:
- Additional analysis and documentation may be
required to adequately address the impacts in
compliance with applicable EHP laws and regulations
- Environmental Assessments (EAs), Biological
Assessments (BAs), or Memoranda of Agreement
(MOAs) may be required
- Public involvement may be required
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EHP Compliance
Type C Example: Modification of Buildings &
Structures 50 + Years Old
 Equipment installation (e.g. physical
security/access controls) on, in, or in
the vicinity of historic buildings,
piers, bridges, etc.
 Building renovation/hardening
(e.g. doors, gates, windows)
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EHP Compliance
EHP Review Packet
 A complete EHP review packet will provide the necessary
information to expedite the EHP review
 What are the required contents?
-
Detailed project description
Physical address of structure/facility or lat/long
Clear color photographs (ground-level and aerial)
Dimensions/acreage/square footage of structure and/or land affected
Extent and depth of ground disturbance for:
• New construction and structure modification
• Utility line placement
• Fencing, light posts, etc., installations
- Height of communication towers
- Special equipment being used, staging areas, etc.
- Year building or structure was built (to include buildings or structures that
are in the vicinity)
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EHP Compliance
GPD EHP Updates
 Programmatic Environmental Assessment (PEA)
 Screening Memo (see CD)
 Authorized Equipment List (AEL)
 Updated to reflect appropriate equipment
https://www.rkb.us/FEMAGrants/LinkedToAELCats.cfm?content_id=2
27106&relationtype=12311&overridesubtype=893&expand=1
 EHP Mailbox [email protected]
- For EHP related questions
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EHP Compliance
Tips for a Timely EHP Review
 A clear and descriptive project description, with clear
color photos and maps
 Include any previous Master Plans or other
environmental documentation
 What work is being proposed, where will it take place,
and how will it be carried out?
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EHP Compliance
EHP Points of Contact
Name
Adria Martínez
Contact Information
[email protected]
202-286-2566
Marquietta Davis
[email protected]
Brian Krevor
[email protected]
Emily Lux
[email protected]
Marshall Popkin
[email protected]
CSID
[email protected]
800-368-6498
GPD EHP Information [email protected]
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Questions?