Programmatic Environmental Assessment Temporary Housing for Disaster Victims of Hurricane Katrina FEMA-DR-1604-MS 1. Introduction The Department of Homeland Security's Federal Emergency Management Agency (FEMA) is mandated by the U.S. Congress to administer Federal disaster assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), PL 93-288, as amended. Through the Stafford Act, the Individual Assistance Program (Stafford Act Section 408) provides for disaster housing until alternative housing is available for disaster victims in the affected areas whose homes are uninhabitable or destroyed. Assistance may be administered in several forms including temporary housing, home repair assistance, temporary rental assistance, mortgage, and rental assistance. Temporary housing may include purchase or lease of unoccupied habitable dwellings, suitable rental housing, mobile homes, travel trailers, or other readily fabricated dwellings for persons who, as a result of a disaster, require temporary housing. 1.1 Purpose of and Need for Action As a result of Hurricane Katrina, FEMA was authorized under a Presidential disaster declaration, dated August 29, 2005 (FEMA-DR-1604-MS), to implement the Individual Assistance Program in the following counties in the State of Mississippi: Adams, Amite, Attala, Claiborne, Choctaw, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Lowndes, Madison, Marion, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pike, Rankin, Scott, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, Winston, and Yazoo. The purpose of this action is to fulfill FEMA's mandate under the Individual Assistance Program to expeditiously provide temporary housing for Hurricane Katrina disaster victims in the designated areas of Mississippi until permanent housing can be established. FEMA estimates that there will be a need for 37,000 temporary homes. Thus, this action is needed to provide housing for disaster victims whose homes are uninhabitable. 1.2 Purpose, Scope, and Use of the Programmatic Environmental Assessment The National Environmental Policy Act of 1969 (NEPA) and its implementing regulations at 40 C.F.R. Part 1500 and 44 C.F.R. Part 10 direct FEMA take into consideration the environmental consequences of proposed actions during the decision-making process. FEMA must comply with NEPA before making federal funds available for disaster response, recovery, and mitigation, including implementation of the Individual Assistance Program. The Stafford Act and FEMA's implementing regulations for NEPA provide for the exemption of certain actions from NEPA and the exclusion of other actions from full review under NEPA. For all other actions, FEMA ensures compliance with NEPA through the preparation of an Environmental Assessment (EA). An EA is a concise public document that serves to provide evidence of the environmental impacts of a proposed action. The assessment includes alternatives to aid in decision making and concludes with one of two findings: a Finding of No Significant Impact (FONSI) or a Notice of Intent to prepare an Environmental Impact Statement (EIS). FEMA must prepare an EIS when significant environmental impacts are anticipated and cannot be mitigated. FEMA has determined through experience that the majority of the typical recurring actions proposed for funding, and for which an EA is required, can be grouped by type of action or location. These groups of actions can be evaluated in a Programmatic Environmental Assessment (PEA) for compliance with NEPA and its implementing regulations without the need to develop and produce a stand-alone EA for every action. This PEA evaluates typical actions undertaken by FEMA to implement the Individual Assistance Program to provide temporary housing to displaced Mississippi residents as a result of Hurricane Katrina. It applies immediately to all proposed actions described in this document under disaster FEMA-DR-1604-MS. This PEA also provides the public and decision-makers with the information required to understand and evaluate the potential environmental consequences of these actions. FEMA will use this PEA to determine the level of environmental analysis and documentation required under NEPA for any proposed temporary housing action in Mississippi, given the available site-specific information. If the alternatives, levels of analysis, and site-specific information of an action proposed for FEMA funding are fully and accurately described in this PEA, FEMA will prepare a memorandum documenting this determination. This memorandum would state that FEMA has reviewed the proposed action, alternatives, and potential direct, indirect and cumulative impacts and found them to be accurately described by this PEA and its associated FONSI. No further documentation would be required to comply with NEPA. Because FEMA would be required to implement the mitigation measures contained in the PEA, the memorandum would summarize the mitigation measures to be undertaken for the action and alternatives. A sample memorandum is provided in Appendix A. If the specific action is expected to (1) create impacts not described in the PEA; (2) create impacts greater in magnitude, extent, or duration than those described in the PEA; or (3) require mitigation measures to keep impacts below significant levels that are not described in the PEA; then a Supplemental Environmental Assessment (SEA) and corresponding FONSI would be prepared to address the specific action. The SEA would be tiered from this PEA, in accordance with 40 CFR Part 1508.28. Actions that are determined, during the preparation of the SEA, to require a more detailed or broader environmental review will be subject to the stand-alone EA process. Actions that are determined to have significant environmental impacts will be subject to the EIS Alternate Procedures established by FEMA, the Department of Homeland Security, and the Council on Environmental Quality (CEQ) on September 15, 2005 as a result of the emergency nature of these actions. 1.3 Cumulative Impacts Cumulative impacts are defined as environmental effects that are greater in magnitude, extent, or duration than the direct and indirect effects of the proposed FEMA-associated action when combined with the effects of other current and future actions, regardless of the proponent. Cumulative impacts will be considered when determining the compatibility of this PEA for specific actions. If cumulative impacts are identified, they will be considered in an SEA. If no cumulative impacts would be created and the specific action is found to be accurately described in this PEA and PEA FONSI, a prepared memorandum would state that cumulative impacts would not occur from the proposed action. 2. Alternatives This section describes typical actions, including the No Action Alternative, that FEMA could be undertake in order to provide temporary housing to the displaced Mississippi residents as a result of Hurricane Katrina. 2.1 Alternative 1: No Action Inclusion of a No Action Alternative in the environmental analysis and documentation is required under NEPA and is defined as maintaining the status quo, with no FEMA funding for any alternative action. This alternative evaluates the effects of not providing eligible assistance for a specific action and provides a benchmark against which the other alternative may be evaluated. Under the No Action Alternative, FEMA would not provide temporary housing of disaster victims. It is assumed that no state or local government agency or non-governmental organization would provide long-term temporary housing. Rental resources are very limited in the affected area, and people displaced by Hurricane Katrina would remain in housing provided by family members or friends, in hotels, in temporary "dormitories" such as homeless shelters or churches, or in facilities damaged by the storm and determined structurally unsafe or unsanitary. The No Action Alternative would forego the benefits of temporary housing for displaced individuals and result in the continued suffering of those individuals, including psychological and economic stresses associated with the storm damage and risks to public health and safety. 2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Alternative 2 consists of the procurement of unoccupied habitable dwellings for displaced residents or the provision of financial support to displaced residents for rental housing. It includes providing rental assistance for hotels and apartment buildings, placement of victims in "dormitories," placement of individuals in cabins or barracks, and placement of individuals in cruise ships or military ships. This alternative does not involve the repair or retrofit of structures except for cleaning and sanitizing buildings. Further, it does not involve construction of any auxiliary structures. The extent to which this alternative can be used is limited due to the scarcity of unoccupied, habitable housing units for purchase or rent near the impacted areas. 2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities This alternative consists of the procurement of structurally sound buildings and retrofitting the structures for residential use. As stated in Section 2.2, the availability of unoccupied, habitable housing units in the areas that generated displaced residents is limited. However, some of these areas may have a surplus of building space that could be converted into housing units. Vacant warehouses, offices, schools, and other structures designed for light industrial, commercial, or institutional use could be retrofitted into dormitories or apartments for displaced residents. Components of this alternative consist of procuring the structure (through purchase or lease), configuring the interior space for use as housing, cleaning and sanitizing the structure (especially for buildings in flood-affected areas), and constructing auxiliary facilities, such as parking lots and boiler plants. When the need for temporary housing has ended, the site may be used by the local government for dormitory or apartment housing or restored to its previous condition, in a manner consistent with local zoning classification. 2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land This alternative consists of establishing temporary housing sites on property that has been previously developed. These sites either have existing infrastructure including electricity, domestic water, stormwater, sanitary sewer, and telecommunication systems or have had ground disturbance to at least the depth that these infrastructure systems would be installed. Examples of these sites include vacant parcels that once contained residential, commercial, light industrial, or institutional structures; vacant parcels that are currently being developed for planned construction; parking lots or other paved areas at conference centers, stadia, shopping malls, airports, business parks, or military bases; or regularly maintained grass lawns or agricultural fields. The first step under this alternative would be to procure the property (through purchase or lease) proposed for the housing site. The site would be cleared of all debris. If vegetation exists, the site would be cleared and grubbed. Contouring and grading would be done, if necessary. For sites not already paved or laid with gravel, gravel would be placed on the location of each temporary housing unit. Mobile homes, travel trailers, or other pre-fabricated housing units would be installed on the site. If paved or gravel access and circulation roads do not yet exist, gravel roads would be constructed for ingress/egress to/from the site and within the site for traffic circulation. For areas completely paved, the site would be striped to designate circulation roads. Utilities would be connected to the site. An electric substation already exists on-site or an on-site generator would be installed for power supply to the site. No lift stations would be required to convey domestic water, stormwater, or sewage to/from the site to the local government's systems. If necessary, shallow drainage ditches would be constructed to carry stormwater from the site to the local government's stormwater system. When the need for temporary housing has ended, FEMA expects that the mobile homes, travel trailers, or other prefabricated housing units would be hauled from the site to suitable locations elsewhere (to be determined on a case-by-case basis). The site may be used by the local government as a commercial mobile home park or restored to its previous condition, in a manner consistent with local zoning classifications. 2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land Alternative 5 involves establishing temporary housing sites on land that has not previously been developed or does not have the infrastructure components in place to meet the requirements of Alternative 4. The first step under this alternative would be to procure the property (through purchase or lease) proposed for the housing site. The site would be cleared of all debris and vegetation, then grubbed, contoured, and graded. Gravel would be placed on the location of each temporary housing unit. Mobile homes, travel trailers, or other pre-fabricated housing units would be installed on the site. Gravel roads would be constructed for ingress/egress to/from the site and within the site for traffic circulation. New utilities would be installed on site; this would consist of connecting electrical service, domestic water service, stormwater systems, sanitary sewer service, and telecommunication service to existing local government infrastructure, where these exists. A new electric substation or on-site generator may need to be installed for power supply to the site. If an electric substation is needed, an electric generator may be temporarily installed to provide power during substation construction. Lift stations may need to be installed to convey domestic water, stormwater, or sewage to/from the site to the local government's systems. Retention ponds and drainage ditches may need to be constructed on site if the site cannot be connected to existing stormwater systems. If the site cannot be connected to existing sanitary sewer systems, septic systems or a wastewater treatment plant (WWTP) would be construction on site. Safety fences would be installed and maintained around any substations, lift stations, retention ponds, septic system leach fields, or WWTPs. When the need for temporary housing has ended, FEMA expects that the mobile homes, travel trailers, or other prefabricated housing units would be hauled from the site to suitable locations elsewhere (to be determined on a case-by-case basis). The site may be used by the local government as a commercial mobile home park or restored to its previous condition, in a manner consistent with local zoning classifications. 3.0 Affected Environment, Environmental Consequences, and Mitigation Measures The following subsections discuss the regulatory setting and the existing conditions for 12 resource areas in Mississippi: o Geology and Soils o Air Quality o Water Resources o Biological Resources o Cultural Resources o Socioeconomics o Traffic and Transportation o Hazardous Materials and Wastes. This discussion is broad and regional in nature. It does not include a complete inventory of each resource but does provide information to characterize those resources. This section also describes the potential impacts that each alternative could have on the identified resources. When mitigation is appropriate to avoid or reduce adverse impacts, these measures are also described. 3.1.1 Geology and Soils 3.1.1 Affected Environment 3.1.1.1 Regulatory Setting The Farmland Protection Policy Act (FPPA) require federal agencies to evaluate the effects (direct and indirect) of their activities before taking any action that could result in converting designated prime or unique farmland for nonagricultural purposes. If an action would adversely affect farmland preservation, alternative actions that could avoid or lessen adverse effects must be considered. Determination of the level of impact to prime and unique farmland or farmland of statewide and local importance is done by the lead federal agency, which inventories farmlands affected by the proposed action and scores part of an AD 1006 Form, Farmland Conversion Impact Rating, for each alternative. In consultation with the lead federal agency NRCS completes the AD 1006 Form and determines the level of consideration for protection of farmlands that needs to occur under the Act. 3.1.1.2 Existing Conditions Mississippi's land mass is a product of the sediment deposited by the Mississippi River at its confluence with the Gulf of Mexico. Its coastal delta and landform is influenced by the constant deposition of sediment from the Mississippi River and the erosional effect of wave action from the Gulf of Mexico. This wave action has produced the beaches, coastal marshes, and barrier islands that can be found along the area's coast. 3.1.2 Environmental Consequences and Mitigation Measures 3.1.2.1 Alternative 1: No Action This alternative does not include any FEMA action. Therefore, FEMA would not be required to comply with the FPPA. Alternative 1 does not have the potential to affect geology or soils. 3.1.2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Procuring unoccupied habitable dwellings for displaced residents or providing financial support to displaced residents for rental housing do not have the potential to affect geology or soils. This alternative complies with FPPA. 3.1.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Procuring and retrofitting existing structures do not have the potential to affect geology or soils. When components of Alternative 3 are limited to these activities, this alternative complies with FPPA and CBRA. Ancillary activities, such as constructing parking lots or boiler plants, may affect geology and soils. Thus, the following discussion only applies to projects that involve construction of auxiliary facilities. Area soils would likely be disturbed during the construction of auxiliary facilities. Soil loss would occur directly from disturbance or indirectly via wind or water. FEMA would implement best management practices (BMPs), such as developing and implementing an erosion and sedimentation control plan, using silt fences or hay bales, revegetating disturbed soils, and maintaining site soil stockpiles, to prevent soils from eroding and dispersing off-site. The potential exists for construction of auxiliary facilities to convert agricultural land to other uses. If farmland is proposed for construction of auxiliary facilities, FEMA would determine if the proposed site is within the limits of an incorporated city or if the site contains state-listed prime, unique, or important soils. If the site is within incorporated city limits or does not contain prime, unique, or important soils, the action complies with FPPA and no further documentation is required. Otherwise, FEMA would prepare the appropriate sections of an AD-1006 Farmland Conversion Impact Rating Form for the action, coordinate with the NRCS to determine the overall impact of the conversion, and document the results of FPPA compliance in a SEA. 3.1.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land Installing pre-fabricated dwellings on previously developed land has the potential to affect geology or soils. Area soils would likely be disturbed during site preparation, installation of dwellings, and construction of auxiliary facilities. Soil loss would occur directly from disturbance or indirectly via wind or water. FEMA would implement BMPs, such as developing and implementing an erosion and sedimentation control plan, using silt fences or hay bales, revegetating disturbed soils, and maintaining site soil stockpiles, to prevent soils from eroding and dispersing off-site. The potential exists for Alternative 4 to convert agricultural land to other uses. If farmland is proposed as a temporary housing site, FEMA would determine if the proposed site is within the limits of an incorporated city or if the site contains state-listed prime, unique, or important soils. If the site is within incorporated city limits or does not contain prime, unique, or important soils, the action complies with FPPA and no further documentation is required. Otherwise, FEMA would prepare the appropriate sections of an AD-1006 Farmland Conversion Impact Rating Form for the action, coordinate with the NRCS to determine the overall impact of the conversion, and document the results of FPPA compliance in a SEA. 3.1.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land Installing pre-fabricated dwellings on undeveloped land has the potential to affect geology or soils. Area soils would likely be disturbed during site preparation, installation of dwellings, and construction of auxiliary facilities. Soil loss would occur directly from disturbance or indirectly via wind or water. FEMA would implement BMPs, such as developing and implementing an erosion and sedimentation control plan, using silt fences or hay bales, revegetating disturbed soils, and maintaining site soil stockpiles, to prevent soils from eroding and dispersing off-site. The potential exists for Alternative 5 to convert agricultural land to other uses. If farmland is proposed as a temporary housing site, FEMA would determine if the proposed site is within the limits of an incorporated city or if the site contains state-listed prime, unique, or important soils. If the site is within incorporated city limits or does not contain prime, unique, or important soils, the action complies with FPPA and no further documentation is required. Otherwise, FEMA would prepare the appropriate sections of an AD-1006 Farmland Conversion Impact Rating Form for the action, coordinate with the NRCS to determine the overall impact of the conversion, and document the results of FPPA compliance in a SEA. 3.2 Air Quality 3.2.1 Affected Environment 3.2.1.1 Regulatory Setting The Clean Air Act (CAA) requires that the U.S. Environmental Protection Agency (USEPA) establish primary and secondary National Ambient Air Quality Standards (NAAQS) for air pollutants that are considered harmful to the public and environment. Primary NAAQS are established at levels necessary, with an adequate margin of safety, to protect the public health, including the health of sensitive populations such as asthmatics, children, and the elderly. Similarly, secondary NAAQS specify the levels of air quality determined appropriate to protect the public welfare from any known or anticipated adverse effects associated with air contaminants. The pollutants for which USEPA has established ambient concentration standards are called criteria pollutants and include ozone (O3), respirable particulates that have aerodynamic diameters of 10 micrometers or less (PM10), fine particles with aerodynamic diameters less than 2.5 micrometers, (PM2.5), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead (Pb). The CAA also requires USEPA to assign a designation to each area of the United States regarding compliance with the NAAQS. The USEPA categorizes the level of compliance or noncompliance as follows: attainment (area currently meets the NAAQS), maintenance (area currently meets the NAAQS but has previously been out of compliance), and nonattainment (area currently does not meet the NAAQS). EPA has delegated its CAA enforcement authority to the Mississippi Department of Environmental Quality (MDEQ), Air Quality Division. The MDEQ air quality standards are identical to the federal standards except that MDEQ also has odor standards. 3.2.1.2 Existing Conditions MDEQ has a network of monitoring stations throughout the state that measure and record ambient air quality. Based on these measurements, Mississippi is in attainment of all NAAQS. As a result, transportation and general conformity requirements do not apply to federally funded or approved activities in state. 3.2.2 Environmental Consequences and Mitigation Measures 3.2.2.1 Alternative 1: No Action Under the No Action Alternative, traffic volumes would increase in the vicinity of the housing provided by friends and family members, hotels, and temporary dormitories. Because these locations would be scattered across a large area, no localized or regional effects to air quality are expected. 3.2.2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Alternative 2 would not involve any construction-related activities that would generate fugitive dust (PM10) or exhaust emissions. When the dwellings are in use, increased emissions from vehicles owned by the displaced residents are not expected to decrease air quality regionally. However, changes in local traffic patterns would result in changes in localized concentrations of CO at intersections. As described in Section 3.7.2.2, the level of service (LOS) of roads in the vicinity of acquired dwellings is not expected to be reduced. Therefore, localized CO concentrations are anticipated to be negligible at intersections surrounding the acquired dwellings. 3.2.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Alternative 3 may require the construction auxiliary facilities such as parking lots or boiler plants. Such construction generates temporary increases in equipment exhaust emissions and fugitive dust. However, the temporary increase in equipment exhaust is expected to be negligible as long as the equipment is well maintained and idling is minimized. Asphalt paving emit volatile organic compounds (precursors to O3) as it cures, but this is also expected to be negligible. Finally, with periodic watering of active construction areas, particularly areas close to any nearby sensitive receptors (e.g., hospitals, senior citizen homes, schools), impacts from fugitive dust are anticipated to be negligible. The use of boiler plants would result in emissions of criteria pollutants. FEMA would ensure that all equipment meets state and federal standards and that appropriate permits from the MDEQ are obtained when needed. The MDEQ permitting process would ensure that any equipment requiring a permit has a negligible impact on air quality. Any stationary equipment exempt from permitting requirements are expected to be negligible sources of emissions. When the dwellings are in use, increased emissions from vehicles owned by the displaced residents are not expected to adversely affect air quality regionally. However, changes in local traffic patterns would result in changes in localized concentrations of CO at intersections. If traffic volumes or delays at nearby intersections increase substantially compared to previous levels, CO concentrations at these intersections may need to be examined more carefully (through a CO Hotspots analysis) to ensure the NAAQS for CO is not being exceeded. As described in Section 3.7.2.2, FEMA would consult with the local transportation agency to determine if increased residential traffic is expected to reduce LOS by more than 1 unit. If the local transportation agency determines that the LOS could decrease on roads surrounding the proposed temporary housing site by more than 1 unit, FEMA would consult with MDEQ determine whether a CO Hotspots analysis is needed. If MDEQ determines that this analysis is required, FEMA would document the results of the analysis in a SEA. 3.2.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land Under Alternative 4, activities such as clearing, grubbing, grading, laying of gravel, connection of utilities, construction of auxiliary facilities (such as WWTPs), and installation of pre- fabrication housing units would occur. Such construction generate temporary increases in equipment exhaust emissions and fugitive dust. However, the temporary increase in equipment exhaust is expected to be negligible as long as the equipment is well maintained and idling is minimized. In addition, with periodic watering of active construction areas, particularly areas close to any nearby sensitive receptors (e.g., hospitals, senior citizen homes, schools), impacts from fugitive dust are anticipated to be negligible. Generators, WWTPs, or other stationary facilities may be constructed and may result in increased emissions of criteria pollutants. In addition, a WWTP can be a source of odors. FEMA would ensure that all equipment meets state and federal standards and that appropriate permits from the MDEQ are obtained when needed. The MDEQ permitting process would ensure that any equipment requiring a permit has a negligible impact on air quality. Any stationary equipment exempt from permitting requirements are expected to be negligible sources of emissions. When the dwellings are in use, increased emissions from vehicles owned by the displaced residents are not expected to adversely affect air quality regionally. However, changes in local traffic patterns would result in changes in localized concentrations of CO at intersections. If traffic volumes or delays at nearby intersections increase substantially compared to previous levels, CO concentrations at these intersections may need to be examined more carefully (through a CO Hotspots analysis) to ensure the NAAQS for CO is not being exceeded. As described in Section 3.7.2.4, FEMA would consult with the local transportation agency to determine if increased residential traffic is expected to reduce LOS by more than 1 unit. If the local transportation agency determines that the LOS could decrease on roads surrounding the proposed temporary housing site by more than 1 unit, FEMA would consult with MDEQ determine whether a CO Hotspots analysis is needed. If MDEQ determines that this analysis is required, FEMA would document the results of the analysis in a SEA. 3.2.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land Under Alternative 5, activities such as clearing, grubbing, grading, laying of gravel, connection of utilities, construction of auxiliary facilities (such as WWTPs and lift stations), and installation of pre-fabrication housing units would occur. Such construction generate temporary increases in equipment exhaust emissions and fugitive dust. However, the temporary increase in equipment exhaust is expected to be negligible as long as the equipment is well maintained and idling is minimized. In addition, with periodic watering of active construction areas, particularly areas close to any nearby sensitive receptors (e.g., hospitals, senior citizen homes, schools), impacts from fugitive dust are anticipated to be negligible. Generators, WWTPs, or other stationary facilities may be constructed and may result in increase emissions of criteria pollutants. In addition, a WWTP can be a source of odors. FEMA would ensure that all equipment meets state and federal standards and that appropriate permits from the MDEQ are obtained when needed. The MDEQ permitting process would ensure that any equipment requiring a permit has a negligible impact on air quality. Any stationary equipment exempt from permitting requirements are expected to be negligible sources of emissions. When the dwellings are in use, increased emissions from vehicles owned by the displaced residents are not expected to adversely affect air quality regionally. However, changes in local traffic patterns would result in changes in localized concentrations of CO at intersections. If traffic volumes or delays at nearby intersections increase substantially compared to previous levels, CO concentrations at these intersections may need to be examined more carefully (through a CO Hotspots analysis) to ensure the NAAQS for CO is not being exceeded. As described in Section 3.7.2.5, FEMA would consult with the local transportation agency to determine if increased residential traffic is expected to reduce LOS by more than 1 unit. If the local transportation agency determines that the LOS could decrease on roads surrounding the proposed temporary housing site by more than 1 unit, FEMA would consult with MDEQ determine whether a CO Hotspots analysis is needed. If MDEQ determines that this analysis is required, FEMA would document the results of the analysis in a SEA. 3.3 WATER RESOURCES 3.3.1 Affected Environment 3.3.1.1 Regulatory Setting The Clean Water Act (CWA) establishes the basic structure for regulating pollutant discharges to navigable waters of the United States. It sets forth procedures for effluent limitations, water quality standards and implementation plans, national performance standards, and point source (e.g., municipal wastewater discharges) and nonpoint source programs (e.g., stormwater). The CWA also establishes the National Pollutant Discharge Elimination System (NPDES) under Sections 401 and 402 and permits for dredged or fill material under Section 404. The U.S. Army Corps of Engineers (USACE) is charged with regulating the disposal of dredged and fill materials under Section 404 of the CWA. A Section 404 permit from the USACE must be obtained for any dredge or fill activities within jurisdictional waters of the U.S. During the permit review process, the USACE determines the type of permit appropriate for the proposed action. Two types of permits are issued by the USACE: (1) General Permits, issued on a state, regional, and nationwide basis and covering a variety of activities, including minimal individual and cumulative adverse affects and (2) Individual Permits, issued for a case-specific activity. Section 401 of the CWA specifies that states must certify that any activity subject to a permit issued by a federal agency, such as a CWA Section 404 permit, meets all state water quality standards. Water quality certification is also necessary when a project qualifies for a General Permit, even if the activity does not need to be reported to the USACE. The Wild and Scenic Rivers Act (WSRA) preserves selected rivers in a free-flowing condition and protects their local environments. These rivers possess outstanding scenic, recreation, geologic, fish and wildlife, historic, or cultural values. The Coastal Zone Management Act of 1972 authorizes the Coastal Zone Management Program (CZMP), which is a federal-state partnership dedicated to comprehensive management of the nation's coastal resources. By making federal funds available, the laws encourage states to preserve, protect and, where possible, restore or enhance valuable natural coastal resources such as wetlands, floodplains, estuaries, beaches, dunes, barrier islands, and coral reefs as well as the fish and wildlife using those habitats. Any federal agency whose activities directly affect the coastal zone will, to the maximum extent practicable, be consistent with approved state management programs. The Mississippi Department of Marine Resources supervises land acquisition and construction within the Mississippi Coastal Zone. FEMA must conduct its activities in a manner consistent with Mississippi's federally approved Coastal Management Program (CMP). EO 11988 (Floodplain Management) requires federal agencies to take action to minimize occupancy and modification of floodplains. Furthermore, EO 11988 requires that federal agencies proposing to site an action in a 100-year floodplain must consider alternatives to avoid adverse effects and incompatible development in the floodplain. In accordance with 44 CFR Part 9, critical actions, such as developing hazardous waste facilities, hospitals, or utility plants, must be undertaken outside of a 500-year floodplain. If no practicable alternatives exist to siting an action in the floodplain, the action must be designed to minimize potential harm to or within the floodplain. Furthermore, a notice must be publicly circulated explaining the action and the reasons for siting it in the floodplain. When evaluating actions in the floodplain, FEMA applies the decision process described in 44 CFR Part 9, referred to as the Eight-Step Process, to ensure that its actions are consistent with EO 11988. By its nature, the NEPA compliance process involves the same basic decision-making process as the Eight-Step Process. As with EO 11988, EO 11990 (Protection of Wetlands) requires federal agencies to follow avoidance, mitigation, and preservation procedures with public input before proposing new construction in wetlands. The implementation of EO 11990 is described in 44 CFR Part 9. As with EO 11988, the Eight-Step Process is used to evaluate the potential effects of an action on wetlands. As discussed in the Clean Water Act subsection above, formal legal protection of jurisdictional wetlands is promulgated through Section 404 of the CWA. A permit from the USACE may be required if an action has the potential to affect wetlands. 3.3.1.2 Existing Conditions Mississippi has 15 major aquifers that are used to supply freshwater for domestic and industrial supplies. Groundwater supplies 80% of the water used in Mississippi; only two municipalities get water from surface-water sources. About 2 billion gal/per day of freshwater are withdrawn from the Mississippi River alluvial aquifer in the Delta. The only Wild and Scenic River in Mississippi is the reach of Black Creek from Bridge Landing upstream to Moody's Landing. This reach is designated as "scenic" meaning that it is undeveloped, occasionally accessible by road, with shorelines or watersheds largely undeveloped. 3.3.2 Environmental Consequences and Mitigation Measures 3.3.2.1 Alternative 1: No Action This alternative does not include any FEMA action. Therefore, FEMA would not be required to comply with the CWA, CZMA, EO 11988, EO 11990, or WSRA. Alternative 1 does not have the potential to affect water resources. 3.3.2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Procurement of unoccupied habitable dwellings for displaced residents or providing financial support to displaced residents for rental housing do not have the potential to affect water resources. Only commercial products applied in accordance with manufacturers' specifications would be used to clean and sanitize buildings; thus no impact to groundwater or surface water quality would occur. Therefore, this alternative complies with CWA, CZMA, EO 11990, and WSRA. FEMA would review the locations of dwellings to determine if they are in the floodplain. If a proposed dwelling is not in the floodplain, that project is in compliance with EO 11988 and no further documentation is required. If any dwellings proposed for acquisition are in the floodplain, FEMA would comply with EO 11988 by applying the Eight-Step Process and documenting the results in a SEA. 3.3.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Procuring and retrofitting existing structures do not have the potential to affect water resources. Only commercial products applied in accordance with manufacturers' specifications would be used to clean and sanitize buildings; thus no impact to groundwater or surface water quality would occur. When components of Alternative 3 are limited to these activities, this alternative complies with CWA, CZMA, EO 11990, and WSRA. FEMA would review the location of the proposed structure to determine if it is in the floodplain. If a structure proposed for retrofit to dwelling units is not in the floodplain, the project is in compliance with EO 11988 and no further documentation is required. If a structure proposed for retrofit to dwelling units is in the floodplain, FEMA would comply with EO 11988 by applying the Eight-Step Process and documenting the results in a SEA. Ancillary activities, such as constructing parking lots or boiler plants, may also affect water resources. FEMA would evaluate each site proposed for auxiliary facilities to determine if the proposed facilities would be sited in a wetland or floodplain. If the proposed site of auxiliary facilities is not in the floodplain or a wetland, the project is in compliance with EOs 11988 and 11990 and no further documentation is required. If proposed site of auxiliary facilities is in the floodplain or a wetland, FEMA would comply with EO 11988 or EO 11990 by applying the Eight-Step Process and documenting the results in a SEA. Construction and operation of ancillary facilities have the potential to increase impervious surfaces, reduce groundwater recharge, and adversely affect water quality through the transmission of sediment, debris, oils, and hazardous substances into surface waters. During construction, FEMA would mitigate these impacts by applying BMPs (as described in Section 3.1.2.3) to reduce transport of sediment, debris, oils, and hazardous substances. As described in Section 3.8.2.3, FEMA would consult with the local agency responsible for stormwater management to determine if the existing facility has adequate stormwater conveyance capacity under this alternative. If FEMA and the local responsible agency determine that the stormwater system is not adequate, FEMA would coordinate with the agency to adapt, increase, or modify the stormwater system as necessary and appropriate. This coordination and any associated actions would be documented in an SEA. If the existing stormwater system is adequate, no further document would be necessary. Finally, FEMA would consult with appropriate agencies regarding NPDES permitting, water quality certification, and CZMA compliance for construction and operation of ancillary facilities. For activities not exempt from NPDES permitting or water quality certification or not consistent with Mississippi's CMP, FEMA would document permitting and other requirements to comply with CWA and CZMA in a SEA. 3.3.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land The site preparation and installation of pre-fabricated dwellings on previously developed land has the potential to affect hydrology and water quality. FEMA would evaluate the proposed temporary housing site to determine if wetlands or floodplains are located in the project area. If the proposed site does not contain floodplains or wetlands, the project is in compliance with EOs 11988 and 11990 and no further documentation is required. If proposed site in the floodplain or a wetland, FEMA would comply with EO 11988 or EO 11990 by applying the Eight-Step Process and documenting the results in a SEA. Site preparation and construction and operation of auxiliary facilities (such as WWTPs) have the potential to increase impervious surfaces, reduce groundwater recharge, and adversely affect water quality through the transmission of sediment, debris, oils, hazardous substances, and effluent into surface waters. During construction, FEMA would mitigate these impacts by applying BMPs (as described in Section 3.1.2.4) to reduce transport of sediment, debris, oils, and hazardous substances. Sewage would be treated at a licensed WWTP or an engineered septic system. Stormwater would be conveyed to the local government's stormwater system or treated on-site by retention ponds. Finally, FEMA would consult with appropriate agencies regarding NPDES permitting, water quality certification, and CZMA compliance for construction and operation of ancillary facilities. For activities not exempt from NPDES permitting or water quality certification or not consistent with Mississippi's CMP, FEMA would document permitting and other requirements to comply with CWA and CZMA in a SEA. 3.3.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land The site preparation and installation of pre-fabricated dwellings on undeveloped land has the potential to affect hydrology and water quality. FEMA would evaluate the proposed temporary housing site to determine if wetlands or floodplains are located in the project area. If the proposed site does not contain floodplains or wetlands, the project is in compliance with EOs 11988 and 11990 and no further documentation is required. If proposed site in the floodplain or a wetland, FEMA would comply with EO 11988 or EO 11990 by applying the Eight-Step Process and documenting the results in a SEA. Site preparation and construction and operation of auxiliary facilities (such as WWTPs or lift stations) have the potential to increase impervious surfaces, reduce groundwater recharge, and adversely affect water quality through the transmission of sediment, debris, oils, hazardous substances, and effluent into surface waters. During construction, FEMA would mitigate these impacts by applying BMPs (as described in Section 3.1.2.5) to reduce transport of sediment, debris, oils, and hazardous substances. Sewage would be treated at a licensed WWTP or an engineered septic system. Stormwater would be conveyed to the local government's stormwater system or treated on-site by retention ponds. Finally, FEMA would consult with appropriate agencies regarding NPDES permitting, water quality certification, and CZMA compliance for construction and operation of ancillary facilities. For activities not exempt from NPDES permitting or water quality certification or not consistent with Mississippi's CMP, FEMA would document permitting and other requirements to comply with CWA and CZMA in a SEA. 3.4 Biological Resources 3.4.1 Affected Environment 3.4.1.1 Regulatory Setting The Endangered Species Act (ESA) establishes a federal program to conserve, protect, and restore threatened and endangered plants and animals and their habitats. Section 7 of the ESA mandates that all federal agencies must ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a threatened or endangered species or result in the destruction of critical habitat for these species. To accomplish this, federal agencies must consult with the U.S. Fish and Wildlife Service (USFWS) or the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) when taking action that has the potential to affect species listed as endangered or threatened or proposed for threatened or endangered listing. FEMA has coordinated with USFWS and NOAA Fisheries to implement a procedure for the expedient review of actions falling within the scope of the alternatives described in Section 2. This expedient review is authorized under 50 CFR 402.05(a). The Migratory Bird Treaty Act (MBTA) makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 CFR 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 CFR 21). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandoning eggs or young) may be considered a take and is potentially punishable by fines and/or imprisonment. If an action is determined to cause a potential take of migratory birds, as described above, then a consultation process with the USFWS needs to be initiated to determine measures to minimize or avoid these impacts. This consultation should start as an informal process. The Fish and Wildlife Coordination Act (FWCA) was enacted to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. The statute requires federal agencies to take into consideration the effect that water-related projects would have on fish and wildlife resources, take actions to prevent loss or damage to these resources, and provide for the development and improvement of these resources. For an action resulting in the control or modification of a body of water, the federal agency must consult with the USFWS or NOAA Fisheries (as appropriate) and the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) to develop measures to mitigate action-related losses of fish and wildlife resources. These measures need to be included in some kind of public documentation for the action, and where possible, the federal lead agency must incorporate the measures in the plans for the action. The Magnuson-Stevens Fishery Conservation and Management Act (as amended), also known as the Sustainable Fisheries Act, requires all federal agencies to consult with the NOAA Fisheries on activities or proposed activities authorized, funded, or undertaken by that agency that may adversely affect Essential Fish Habitat (EFH). The EFH provisions of the Sustainable Fisheries Act are designed to protect fisheries habitat from being lost due to disturbance and degradation. EO 13112 (Invasive Species) was created to prevent the introduction of invasive species and to provide for their control. Under this order, the federal government may "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the U.S. or elsewhere unless, pursuant to guidelines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions clearly outweigh the potential harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions." 3.4.1.2 Existing Conditions The State of Mississippi has 32 species of animals and 4 species of plants listed as federally threatened or endangered. Appendix B contains a list of these species and their status under the ESA. 3.4.2 Environmental Consequences and Mitigation Measures 3.4.2.1 Alternative 1: No Action This alternative does not include any FEMA action. Therefore, FEMA would not be required to consult with USFWS, NOAA Fisheries, or MDWFP to comply with the ESA, MBTA, FWCA, or the Sustainable Fisheries Act. Similarly, compliance with EO 13112 is not required. Alternative 1 does not have the potential to affect sensitive biological resources. 3.4.2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Procuring unoccupied habitable dwellings for displaced residents or providing financial support to displaced residents for rental housing do not have the potential to affect sensitive biological resources. FEMA has no requirement to consult with USFWS, NOAA Fisheries, or MDWFP to comply with the ESA, MBTA, FWCA, or the Sustainable Fisheries Act and compliance with these laws is met with no further documentation. Similarly, compliance with EO 13112 is met without further documentation. 3.4.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Procuring and retrofitting existing structures do not have the potential to affect sensitive biological resources. When components of Alternative 2 are limited to these activities, FEMA has no requirement to consult with USFWS, NOAA Fisheries, or MDWFP to comply with the ESA, MBTA, FWCA, or the Sustainable Fisheries Act and compliance with these laws is met with no further documentation. Similarly, compliance with EO 13112 is met without further documentation. Ancillary activities, such as constructing parking lots or boiler plants, may affect sensitive biological resources. Thus, the following discussion only applies to projects that involve construction of auxiliary facilities. FEMA would evaluate each site proposed for auxiliary facilities to determine the potential for the project to affect threatened and endangered species or their habitats, migratory birds, natural waterways, or EFH. If FEMA determines that the project has no potential to affect threatened and endangered species or their habitats, migratory birds, natural waterways, or EFH, the project to be in compliance with Section 7 of the ESA, MBTA, FWCA, and the Sustainable Fisheries Act and no further documentation is required. If EFMA determines that the project has the potential to affect threatened or endangered species or their habitats, migratory birds, natural waterways, or EFH, FEMA would initiate the expedited review process described in Section 3.4.1.1. FEMA would notify USFWS or NOAA Fisheries of the project location and the project description. USFWS or NOAA Fisheries would typically respond within 24 hours of receipt of this information to notify FEMA if additional consultation is required. If USFWS or NOAA Fisheries determines that additional consultation is required under Section 7 of the ESA, MBTA, FWCA, or the Sustainable Fisheries Act, the results of this consultation would be documented in a SEA. If USFWS or NOAA Fisheries determines that no additional consultation is required, FEMA would consider the project to be in compliance with Section 7 of the ESA, MBTA, FWCA, and the Sustainable Fisheries Act and no further documentation is required. In compliance with EO 13112, areas that are temporarily developed (such as dirt or gravel parking lots) would be reseeded with native grass species after use of the temporary housing site is complete. 3.4.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land Installing pre-fabricated dwellings on previously developed land does not have the potential to affect sensitive biological resources. FEMA has no requirement to consult with USFWS, NOAA Fisheries, or MDWFP to comply with the ESA, MBTA, FWCA, or the Sustainable Fisheries Act and compliance with these laws is met with no further documentation. Similarly, compliance with EO 13112 is met without further documentation. 3.4.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land The site preparation and installation of pre-fabricated dwellings on undeveloped land has the potential to affect sensitive biological resources. FEMA would evaluate the locations of the proposed housing site and all auxiliary facilities, such as stormwater retention basins and leach fields, to determine the potential for the project to affect threatened and endangered species or their habitats, migratory birds, natural waterways, or EFH. If FEMA determines that the project has no potential to affect threatened and endangered species or their habitats, migratory birds, natural waterways, or EFH, the project to be in compliance with Section 7 of the ESA, MBTA, FWCA, and the Sustainable Fisheries Act and no further documentation is required. If FEMA determines that the project has the potential to affect threatened or endangered species or their habitats, migratory birds, natural waterways, or EFH, FEMA would initiate the expedited review process described in 3.4.1.1. FEMA would notify USFWS or NOAA Fisheries of the project location and the project description. USFWS or NOAA Fisheries would typically respond within 24 hours of receipt of this information to notify FEMA if additional consultation is required. If USFWS or NOAA Fisheries determines that additional consultation is required under Section 7 of the ESA, MBTA, FWCA, or the Sustainable Fisheries Act, the results of this consultation would be documented in a SEA. If USFWS or NOAA Fisheries determines that no additional consultation is required, FEMA would consider the project to be in compliance with Section 7 of the ESA, MBTA, FWCA, and the Sustainable Fisheries Act and no further documentation is required. When the need for temporary housing has ended, the local government would decide the future use of the housing site. If the local government chooses to restore a site to its previous condition as a natural, undeveloped area, the site would be reseeded with native grass species to ensure compliance with EO 13112. 3.5 Cultural Resources 3.5.1 Affected Environment 3.5.1.1 Regulatory Setting The National Historic Preservation Act (NHPA) declares federal policy to protect historic sites and values in cooperation with other nations, states, and local governments. Subsequent amendments designated the State Historic Preservation Officer (SHPO) as the individual responsible for administering state-level programs. Section 106 of the NHPA and implementing regulations (36 CFR 800) outline the procedures to be followed in the documentation, evaluation, and mitigation of impacts for cultural resources. The Section 106 process applies to any federal undertaking that has the potential to affect cultural resources. The Section 106 process includes identifying significant historic properties and districts that may be affected by an action and mitigating adverse effects to properties listed, or eligible for listing, in the National Register of Historic Places (NRHP) (36 CFR 60.4). FEMA, the Mississippi SHPO, and the Mississippi Emergency Management Agency (MEMA) have executed a Programmatic Agreement (PA) to streamline the Section 106 review process. A copy of the PA is provided in Appendix C. 3.5.1.2 Existing Conditions The State of Mississippi has various historic districts listed in the NRHP. FEMA has identified close to 170 National Register Historic Districts in Mississippi, of which 22 are located within the impact area. FEMA has also identified close to 1,200 individual structures that are registered in the National Registry for the state of Mississippi. The agency is working closely with the State Historic Preservation Office in identifying historic properties in the NRHP or eligible to the NRHP that may be affected by the temporary housing actions. The Choctaw tribe has historical and cultural ties to areas in Mississippi. FEMA will be working with the Choctaw tribe's Tribal Historic Preservation Officer (THPO) to identify religious and culturally significant properties that may be impacted by the temporary housing actions. 3.5.2 Environmental Consequences and Mitigation Measures 3.5.2.1 Alternative 1: No Action This alternative does not include any FEMA undertaking. Therefore, no cultural resources review would be required of FEMA under Section 106 of the NHPA or the PA. The possibility exists that potentially historic, private structures such as churches and homeless shelters would be modified for use as temporary dormitories. Further, potentially historic, structurally unsafe or unsanitary facilities may be modified. Since FEMA does not participate in any activities under the No Action Alternative, it does not need to take into consideration individuals, local governments, and the state's actions on historic structures. Neither would FEMA need to take into consideration impacts to archaeological resources associated with built- environment resources, or coincidentally in proximity to such resources under the No Action Alternative. 3.5.2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Procurement of unoccupied habitable dwellings for displaced residents or providing financial support to displaced residents for rental housing do not have the potential to affect cultural resources. To ensure compliance with Section 106 of the NHPA, FEMA would invoke the PA among FEMA, SHPO, and MEMA. Per Stipulations III through VI of the PA, in concert with Programmatic Allowances V.A and V.B of the PA, FEMA has no requirement to consult with SHPO for these actions, and compliance with Section 106 of the NHPA is met with no further documentation. 3.5.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Under Alternative 3, three possible effects to cultural resources could occur. First, potentially historic structures could be retrofit for residential use. This could result in a direct effect to a cultural resource. Second, the retrofit of a non-historic structure for residential use could indirectly effect a potentially historic, cultural resource in the vicinity. Lastly, ground-disturbing activity associated with the retrofit of an existing structure for residential use (such as grading a parking lot) could disturb subsurface cultural resources. To ensure compliance with Section 106 of the NHPA, FEMA would invoke the PA among FEMA, SHPO, and MEMA. Stipulation VI.A of the PA limits the area of potential effects (APE) for building rehabilitation to the facility being modified. Thus, for actions consisting of retrofitting buildings less than 45 years of age, there is no need for cultural resource review, and the action would comply with Section 106 of the NHPA with no further documentation needed. Stipulation V provides expedited project review for emergencies; the need for temporary housing has been determined an emergency by the Federal Coordinating Officer. Thus, for any structure 45 years of age or older proposed for retrofit, FEMA would provide to SHPO available information about the condition of the property, the proposed action, and prudent and feasible measures that would take the adverse effect into account, per Stipulation V.B.3 of the PA. SHPO would have 3 days to respond to FEMA's request with recommendations. FEMA would incorporate SHPO's recommendations into the project design, and the action would comply with Section 106 of the NHPA with no further documentation required. Finally, Stipulations V and VI of the PA, in concert with Programmatic Allowance I, state that ground disturbing activities and site work does not require SHPO review when all work is performed in previously disturbed or archaeologically surveyed areas. If ground-disturbing activities meet these conditions, the action would comply with Section 106 of the NHPA with no further documentation needed. If ground-disturbing activities do not meet these conditions, FEMA would follow PA Stipulation V.B.3, as described above, regarding expedited project review. If FEMA and SHPO are unable to follow the stipulations of the PA as described above for any reason, FEMA would invoke Stipulation X of the PA on dispute resolution. The results of this consultation would be documented in a SEA. Similarly, in the event unexpected discoveries are encountered, FEMA would invoke Stipulation IX of the PA, initiate consultation, and document the results of this consultation in a SEA. 3.5.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land This alternative would not involve ground disturbing activities below previously disturbed soil depths. Thus, there is no potential to affect subsurface cultural resources. This alternative does not involve the modification of any structures, so no potential historic structures would be affected. To ensure compliance with Section 106 of the NHPA, FEMA would invoke the PA among FEMA, SHPO, and MEMA. Stipulations III through VI of the PA, in concert with Programmatic Allowance I, state that ground disturbing activities and site work do not require SHPO review when all work is performed in previously disturbed areas. Thus, these actions would comply with Section 106 of the NHPA and no further documentation is required. In the event unexpected discoveries are encountered, FEMA would invoke Stipulation IX of the PA, initiate consultation, and document the results of this consultation in a SEA. 3.5.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land This alternative consists of ground disturbing activities. Thus, there is the potential to affect subsurface cultural resources. This alternative does not involve the modification of any structures, so no potential historic structures would be affected. To ensure compliance with Section 106 of the NHPA, FEMA would invoke the PA among FEMA, SHPO, and MEMA. Stipulations V and VI of the PA, in concert with Programmatic Allowance I, state that ground disturbing activities and site work do not require SHPO review when all work is performed in archaeologically surveyed areas. If ground-disturbing activities meet these conditions, the action would comply with Section 106 of the NHPA with no further documentation needed. For areas which have not been subject to archaeological survey or areas which were surveyed and were found to be positive for cultural resources, FEMA would provide to SHPO available information about the condition of the property, the proposed action, and prudent and feasible measures that would take the adverse effect into account, per PA Stipulation V.B.3. SHPO would have 3 days to respond to FEMA's request with recommendations. FEMA would incorporate SHPO's recommendations into the project design, and the action would comply with Section 106 of the NHPA with no further documentation required. If FEMA and SHPO are unable to follow the stipulations of the PA as described above for any reason, FEMA would invoke Stipulation X of the PA on dispute resolution. The results of this consultation would be documented in a SEA. Similarly, in the event unexpected discoveries are encountered, FEMA would invoke Stipulation IX of the PA, initiate consultation, and document the results of this consultation in a SEA. 3.6 Socioeconomics 3.6.1 Affected Environment EO 12898 (Federal Actions to Address Environmental Justice in Minority and Low-Income Populations) requires federal lead agencies to ensure rights established under Title IV of the Civil Rights Act of 1964 when analyzing environmental effects. FEMA and most federal lead agencies determine impacts to low-income and minority communities as part of the NEPA compliance process. Agencies are required to identify and correct programs, policies, and activities that have disproportionately high and adverse human health or environmental effects on minority or low-income populations. EO 12898 also tasks federal agencies with ensuring that public notifications regarding environmental issues are concise, understandable, and readily accessible. EO 13045 (Protection of Children from Environmental Health Risks and Safety Risks) required federal agencies to identify and assess health risks and safety risks that may disproportionately affect children. As with EO 12898, FEMA and most federal lead agencies determine impacts to children as part of the NEPA compliance process. Agencies must ensure that its policies, programs, activities, and standards address disproportionate risks to children that result from environmental health risks or safety risks. The Uniform Relocation Assistance and Real Property Acquisition Policies Act (URARPAPA) and Title IV of the Uniform Relocation Act provide consistent and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally assisted programs. These regulations also establish uniform and equitable land acquisition policies for federal and federally assisted programs. Agencies are required to reimburse for and provide relocation planning, assistance coordination, and advisory services to persons displaced by such programs. 3.6.2 Environmental Consequences and Mitigation Measures 3.6.2.1 Alternative 1: No Action Displaced persons residing with family members or friends, in hotels, in temporary dormitories, or in structurally unsafe or unsanitary facilities would result in adverse socioeconomics and public safety impacts. With the exception of cruise ships and hotels that do not offer discounted or subsidized rates, the hosts would suffer the economic effects of these living arrangements from expending additional living expenses, such as food and increased utility use. In many cases, displaced residents would be subject to adverse financial impacts from the relocations by being distant from their places of employment. Further, the hosts and displaced residents would endure emotional stress associated with the disruption of their normal lives. For persons who attempt to occupy structurally unsafe or unsanitary facilities, public safety associated with building collapse and transmission of disease is a high risk. Although there is no requirement for compliance with EOs 12898 and 13045 when there are no federal actions, Alternative 1 would likely result in disproportionate health and safety risks to low-income and minority persons and to children, as these groups will be most likely have a need for FEMA-sponsored temporary housing. 3.6.2.2 Alternative 2: Procurement of Unoccupied Habitable Dwellings Implementation of Alternative 2 would result in beneficial economic impacts to both displaced residents (who receive subsidized housing) and, if it is privately owned, property owners of the proposed dwellings (who receive monetary compensation for the use of unoccupied housing units). If eminent domain is required for the acquisition of any property, this would be done in compliance with URARPAPA and the Uniform Relocation Act, and FEMA would initiate an SEA or a stand-alone EA to allow full public participation on the specific action. FEMA would ensure that displaced residents are provided temporary housing within the general vicinity of their pre-disaster places of residence. If this condition cannot be met, adverse financial impacts are likely to occur from the inability of persons to commute to their places of employment. Thus FEMA would evaluate these impacts and document the results in a SEA. On a macroeconomic scale, establishing temporary housing for displaced persons would benefit the local economy by helping to restore normal life to the community, including normalized employment patterns and commercial transactions. However, some individual businesses that rely on a customer base which lives in close physical proximity to the business would likely suffer reductions in revenue if their customers are relocated out of the immediate area. It is assumed that these effects would be temporary. This alternative is expected to benefit low-income and minority populations and children, who are more likely to need FEMA-sponsored temporary housing. Thus, provided the conditions described above are met, Alternative 2 complies with EOs 12898 and 13045. 3.6.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Implementation of Alternative 3 would result in beneficial economic impacts to both displaced residents (who receive subsidized housing) and, if it is privately owned, property owners of the structures proposed for use as temporary housing units (who receive monetary compensation for the use of unoccupied facilities). Contractors that perform the retrofits or construct auxiliary facilities (such as parking lots) would also benefit financially. If eminent domain is required for the acquisition of any property, this would be done in compliance with URARPAPA and the Uniform Relocation Act, and FEMA would initiate an SEA or a stand-alone EA to allow full public participation on the specific action. FEMA would ensure that displaced residents are provided temporary housing within the general vicinity of their pre-disaster places of residence. If this condition cannot be met, adverse financial impacts are likely to occur from the inability of persons to commute to their places of employment. Thus FEMA would evaluate these impacts and document the results in a SEA. On a macroeconomic scale, establishing temporary housing for displaced persons would benefit the local economy by helping to restore normal life to the community, including normalized employment patterns and commercial transactions. However, some individual businesses that rely on a customer base which lives in close physical proximity to the business would likely suffer reductions in revenue if their customers are relocated out of the immediate area. It is assumed that these effects would be temporary. FEMA will ensure that the structures selected do not pose any substantial human and environmental health issues that cannot mitigated. If this condition cannot be met, disproportionately high and adverse impacts to low-income and minority populations are likely to occur and FEMA would need to evaluate these impacts and document the result in a SEA. 3.6.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land Implementation of Alternative 4 would result in beneficial economic impacts to both displaced residents (who receive subsidized housing) and, if it is privately owned, the property owner of the proposed temporary housing site (who receives monetary compensation for the use of vacant property). Contractors that perform site work or construct auxiliary facilities (such as WWTPs or septic systems) would also benefit financially. If eminent domain is required for the acquisition of any property, this would be done in compliance with URARPAPA and the Uniform Relocation Act, and FEMA would initiate an SEA or a stand-alone EA to allow full public participation on the specific action. FEMA would ensure that displaced residents are provided temporary housing within the general vicinity of their pre-disaster places of residence. If this condition cannot be met, adverse financial impacts are likely to occur from the inability of persons to commute to their places of employment. Thus FEMA would evaluate these impacts and document the results in a SEA. On a macroeconomic scale, establishing temporary housing for displaced persons would benefit the local economy by helping to restore normal life to the community, including normalized employment patterns and commercial transactions. However, some individual businesses that rely on a customer base which lives in close physical proximity to the business would likely suffer reductions in revenue if their customers are relocated out of the immediate area. It is assumed that these effects would be temporary. If CO Hotspots analyses are needed as suggested in Section 3.2.2.4 and 3.7.2.4, FEMA will also evaluate if there is a disproportionately high number of low-income and minority communities affected by the increased CO levels. In addition FEMA will evaluate if the increase in the CO levels are disproportionately higher in low-income and minority communities compared to other communities within the state. If FEMA determines that there are disproportionately high and adverse impacts to these communities, FEMA will evaluate, document the result, and propose mitigation measures to address the issue in the SEA. 3.6.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land Implementation of Alternative 5 would result in beneficial economic impacts to both displaced residents (who receive subsidized housing) and, if it is privately owned, the property owner of the proposed temporary housing site (who receives monetary compensation for the use of vacant property). Contractors that perform site work or construct auxiliary facilities (such as WWTPs or septic systems) would also benefit financially. If eminent domain is required for the acquisition of any property, this would be done in compliance with URARPAPA and the Uniform Relocation Act, and FEMA would initiate an SEA or a stand-alone EA to allow full public participation on the specific action. FEMA would ensure that displaced residents are provided temporary housing within the general vicinity of their pre-disaster places of residence. If this condition cannot be met, adverse financial impacts are likely to occur from the inability of persons to commute to their places of employment. Thus FEMA would evaluate these impacts and document the results in a SEA. On a macroeconomic scale, establishing temporary housing for displaced persons would benefit the local economy by helping to restore normal life to the community, including normalized employment patterns and commercial transactions. However, some individual businesses that rely on a customer base which lives in close physical proximity to the business would likely suffer reductions in revenue if their customers are relocated out of the immediate area. It is assumed that these effects would be temporary. If CO Hotspots analyses are needed as suggested in Section 3.2.2.5 and 3.7.2.5, FEMA will also evaluate if there is a disproportionately high number of low-income and minority communities affected by the increased CO levels. In addition FEMA will evaluate if the increase in the CO levels are disproportionately higher in low-income and minority communities compared to other communities within the state. If FEMA determines that there are disproportionately high and adverse impacts to these communities, FEMA will evaluate, document the result and propose mitigation measures to address the issue in the SEA. 3.7 Traffic and Transportation 3.7.1 Affected Environment The Mississippi Department of Transportation (MDOT) is responsible for the design, construction, and maintenance of the State of Mississippi's highway system as well as the portion of federal interstate highways within Mississippi's boundaries. Arterials, connectors, rural roads, and local roads are constructed and maintained by county or city governments. 3.7.2 Environmental Consequences and Mitigation Measures 3.7.2.1 Alternative 1: No Action Under this alternative, traffic volumes would increase in the vicinity of the housing provided by friends and family members, cruise ships, hotels, and temporary dormitories. Because these locations would be scattered across a large area, no localized or regional effects to transportation are expected. 3.7.2.2 Alternative 2: Acquisition of Unoccupied Habitable Dwellings Alternative 2 would result in increased traffic volumes surrounding dwelling units purchased, leased, or rented for displaced persons when compared to current conditions. However, no new housing stock would be introduced under this alternative. Further dwellings acquired for displaced residents are expected to be scattered across a large area based on the scarcity of unoccupied, habitable housing units near the disaster-impacted areas. For these reasons, Alternative 2 is not expected to reduce the LOS of roads in the vicinity of acquired dwellings or burden local public transportation systems. The possibility exists that displaced residents without personally owned vehicles (POVs) would be housed in a location without public transportation. FEMA would evaluate potential sites for access to public transportation. In those cases where FEMA determines that insufficient public transportation exists, FEMA would coordinate with the appropriate local government to increase public transportation services. The results of this effort would be documented in a SEA. 3.7.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Alternative 3 would result in increased traffic volumes associated with construction in areas surrounding the proposed structures to be retrofitted for residential use. To minimize adverse impacts to traffic resulting from construction equipment, traffic along adjacent roadways would be temporarily rerouted as necessary during construction, traffic lane closures would be coordinated with appropriate the local government, equipment staging and worker POVs would be sited to hinder the traffic flow as little as possible in the areas where the actions are implemented, and adjacent residential neighborhoods and commercial/industrial areas would be notified in advance of construction activities and any rerouting of local traffic. Traffic volumes would also increase in the vicinity from use of displaced residents' POVs. FEMA would consult with the local transportation agency to determine if increased residential traffic is expected to reduce LOS by more than 1 unit. If the local transportation agency determines that the LOS could decrease on roads surrounding the proposed temporary housing site by more than 1 unit, FEMA would perform a traffic study and document the results in a SEA. The possibility exists that displaced residents without personally owned vehicles would be housed in a location without public transportation. FEMA would evaluate the site for access to public transportation. In those cases where FEMA determines that insufficient public transportation exists, FEMA would coordinate with the appropriate local government to increase public transportation services. The results of this effort would be documented in a SEA. 3.7.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land Alternative 4 would result in increased traffic volumes associated with site preparation and installation of pre-fabricated dwellings in areas surrounding the proposed housing site. To minimize adverse impacts to traffic resulting from construction equipment, traffic along adjacent roadways would be temporarily rerouted as necessary during construction, traffic lane closures would be coordinated with appropriate the local government, equipment staging and worker POVs would be sited to hinder the traffic flow as little as possible in the areas where the actions are implemented, and adjacent residential neighborhoods and commercial/industrial areas would be notified in advance of construction activities and any rerouting of local traffic. Traffic volumes would also increase in the vicinity from displaced residents' POVs. FEMA would consult with the local transportation agency to determine if increased residential traffic is expected to reduce LOS by more than 1 unit. If the local transportation agency believes that the LOS could decrease on roads surrounding the proposed temporary housing site by more than 1 unit, FEMA would perform a traffic study and document the results in a SEA. The possibility exists that displaced residents without personally owned vehicles would be housed in a location without public transportation. FEMA would evaluate the site for access to public transportation. In those cases where FEMA determines that insufficient public transportation exists, FEMA would coordinate with the appropriate local government to increase public transportation services. The results of this effort would be documented in a SEA. 3.7.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land Alternative 5 would result in increased traffic volumes associated with site preparation and installation of pre-fabricated dwellings in areas surrounding the proposed housing site. To minimize adverse impacts to traffic resulting from construction equipment, traffic along adjacent roadways would be temporarily rerouted as necessary during construction, traffic lane closures would be coordinated with appropriate the local government, equipment staging and worker POVs would be sited to hinder the traffic flow as little as possible in the areas where the actions are implemented, and adjacent residential neighborhoods and commercial/industrial areas would be notified in advance of construction activities and any rerouting of local traffic. Traffic volumes would also increase in the vicinity from displaced residents' POVs. FEMA would consult with the local transportation agency to determine if increased residential traffic is expected to reduce LOS by more than 1 unit. If the local transportation agency believes that the LOS could decrease on roads surrounding the proposed temporary housing site by more than 1 unit, FEMA would perform a traffic study and document the results in a SEA. The possibility exists that displaced residents without personally owned vehicles would be housed in a location without public transportation. FEMA would evaluate the site for access to public transportation. In those cases where FEMA determines that insufficient public transportation exists, FEMA would coordinate with the appropriate local government to increase public transportation services. The results of this effort would be documented in a SEA. 3.8 Hazardous Waste and Materials 3.8.1 Affected Environment 3.8.1.1 Regulatory Setting Hazardous materials and wastes are regulated in the U.S. under a variety of federal and state laws. Federal laws and subsequent regulations governing the assessment, transportation, and disposal of hazardous materials and wastes include the Resource Conservation and Recovery Act (RCRA); the RCRA Hazardous and Solid Waste Amendments; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Solid Waste Act; the Toxic Substances Control Act (TSCA); and the Clean Air Act (CAA). RCRA is the federal law that regulates hazardous waste. RCRA regulates hazardous waste from "cradle to grave," that is, from the time the waste is generated through its management, storage, transport, treatment, and final disposal. The USEPA is responsible for implementing this law and may delegate this responsibility to the states to implement it. The State of Mississippi has been delegated with this responsibility. RCRA also sets forth a framework for the management of non-hazardous wastes. The 1986 amendments to RCRA enable the USEPA to address the environmental problems that can result from underground tanks storing petroleum and hazardous substances. RCRA focuses only on active and proposed facilities and does not address abandoned or historical sites. TSCA gives the USEPA the ability to track the approximately 75,000 industrial chemicals currently produced or imported into the U.S. The USEPA repeatedly screens these chemicals and can require reporting or testing of those that may pose an environmental or human-health hazard. The USEPA may ban the manufacture and import of those chemicals that pose an unreasonable risk. The USEPA may also control these chemicals as necessary to protect human health and the environment. TSCA supplements other federal statutes, including CAA and the Toxic Release Inventory under the Emergency Planning and Community-Right-to-Know Act. TSCA included regulations regarding asbestos and polychlorinated biphenyls (PCBs). CERCLA and the Superfund Amendments and Reauthorization Act (SARA) govern the process of identifying and prioritizing the cleanup of abandoned or other sites not regulated under RCRA contaminated by the release of hazardous materials. The USEPA was given power to seek out those parties responsible for any release and ensure their cooperation in the cleanup. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies. Section 112 of the CAA requires the USEPA to develop emission standards for hazardous air pollutants. In response to this section the USEPA published a list of hazardous air pollutants and promulgated the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations. Because lead and asbestos present a substantial risk to human health as a result of air emissions from one or more source categories, they are considered hazardous air pollutants and, thus, hazardous materials. The Asbestos NESHAP (40 CFR 61, Subpart M) addresses milling, manufacturing, and fabricating operations; demolition and renovation activities; waste disposal issues; active and inactive waste disposal sites; and asbestos conversion processes. 3.8.1.2 Existing Conditions The State of Mississippi has 89 Superfund sites of which 3 are on the NPL, 4 have been removed from the NPL, and 2 have been proposed for the NPL. Appendix D contains a list of all Superfund sites in Mississippi. 3.8.2 Environmental Consequences and Mitigation Measures 3.8.2.1 Alternative 1: No Action Although Alternative 1 would not actively use hazardous materials or generate hazardous wastes, it may prolong the exposure of individuals to hazardous materials or wastes that may have been generated by the storm. Residents who find themselves without alternative housing may continue to live within an area contaminated by hazardous materials or wastes such as petro-chemicals (from ruptured storage tanks), air-borne asbestos (from damaged asbestos-containing materials), or lead-paint chips (from peeling surfaces). Further, temporary dormitories not typically used as shelters could have lead-based paint or other sources of hazardous materials or wastes. 3.8.2.2 Alternative 2: Acquisition of Unoccupied Habitable Dwellings Under Alternative 2, construction, repair, and retrofit of structures are not expected. FEMA would evaluate proposed dwellings for the presence of lead-based paint before acquisition. Dwellings with suspected or confirmed lead-based paint would not be used to displaced residents with children or FEMA would abate all lead-based paint in accordance with local, state, and federal requirements. Any hazardous materials used in the cleaning or sanitation of dwellings would be used and disposed of in accordance with federal, state, and local regulations. 3.8.2.3 Alternative 3: Construction of Dwelling Units within Existing Facilities Construction activities may disturb hazardous materials or wastes present in structures proposed to be retrofit as dwellings. FEMA will avoid procuring sites containing lead-based paint, asbestos, or located in confirmed or suspected Superfund sites. If the site assessment for these issues is negative, no further document would be required. Any hazardous materials used in the cleaning, sanitation, or retrofitting of dwellings would be used and disposed of in accordance with federal, state, and local regulations. If any hazardous materials or wastes are confirmed or suspected at the facility, FEMA would follow local, state, and federal regulations for the handling, transport, and disposal these substances prior to habitation of the structure by displaced residents. FEMA would coordinate with state and local agencies, and the USEPA, as appropriate. The result of the site assessment and any remediation actions would be documented in a SEA. 3.8.2.4 Alternative 4: Installation of Pre-Fabricated Dwellings on Previously Developed Land Activities that occurred historically at sites proposed for temporary housing may have generated hazardous wastes. Because all clearing, grubbing, grading, connection of utilities, construction of auxiliary infrastructure (such as WWTPs), and installation of pre-fabrication housing units would occur on previously disturbed ground, these actions are not expected to contribute to environmental releases of any latent hazardous waste. Nonetheless, the potential exists to expose displaced residents to hazardous wastes. Therefore, FEMA will avoid procuring sites containing lead-based paint, asbestos, or located in confirmed or suspected Superfund sites. If the site assessment for these issues is negative, no further document would be required. Any hazardous materials used in the site preparation or installation of dwellings would be used and disposed of in accordance with federal, state, and local regulations. If any hazardous wastes are confirmed or suspected at the site, FEMA would follow local, state, and federal regulations for the handling, transport, and disposal of these substances prior to the installation of pre-fabricated dwellings. FEMA would coordinate with state and local agencies, and the USEPA, as appropriate. The result of the site assessment and any remediation actions would be documented in a SEA. 3.8.2.5 Alternative 5: Installation of Pre-Fabricated Dwellings on Undeveloped Land Activities that occurred historically at sites proposed for temporary housing may have generated hazardous materials or wastes. Although undeveloped, the potential exists for plumes of hazardous wastes to have migrated onto these sites or illegal dumping of hazardous waste to have occurred at these sites. Clearing, grubbing, grading, connecting utilities, constructing auxiliary infrastructure (such as WWTPs), and installing pre-fabrication housing units could contribute to environmental releases of any latent hazardous waste or expose displaced residents to hazardous wastes. FEMA will avoid procuring sites containing lead-based paint, asbestos, or located in confirmed or suspected Superfund sites. If the site assessment for these issues is negative, no further document would be required. Any hazardous materials used in the site preparation or installation of dwellings would be used and disposed of in accordance with federal, state, and local regulations. If any hazardous wastes are confirmed or suspected at the site, FEMA would follow local, state, and federal regulations for the handling, transport, and disposal of these materials prior to the installation of pre-fabricated dwellings. FEMA would coordinate with state and local agencies, and the USEPA, as appropriate. The result of the site assessment and any remediation actions would be documented in a SEA. 4.0 List of Preparers 4.1 FEMA Alessandro Amaglio, Environmental Liaison Officer, FEMA-DR-1604-MS Jomar Maldonado, Environmental Program Specialist 4.2 URS Corporation Morgan Griffin, Senior Project Manager Desiree Joseph, Environmental Scientist Geoff Thornton, Environmental Planner Rick Shih, Environmental Planner Janet Frey, Independent Technical Reviewer Appendix A Note to PEA Users: This memorandum describes a fictitious project in a fictitious park in a fictitious county in Mississippi. It is to be used only as a sample. Memorandum of National Environmental Policy Act (NEPA) Compliance Under the Federal Emergency Management Agency (FEMA) Programmatic Environmental Assessment (PEA) on Temporary Housing for Disaster Victims of Hurricane Katrina (FEMA-DR-1604-MS) Mississippi Department of Wildlife, Fisheries, and Parks Temporary Mobile Home Park at William Miller State Park FEMA, the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP), and the Mississippi Emergency Management Agency (MEMA) propose to establish a temporary housing site for Mississippi residents displaced as a result of Hurricane Katrina at William Miller State Park, Hammond County, Mississippi. The proposed action involves the installation of approximately 50 mobile homes at Stillwater Campground in the park. Stillwater Campground was closed in October 2004 due to lack of public use. The campground has hook-ups for electricity, domestic water, and sewage for as many as 75 dwelling units; access roads and circulation roads already exist. Drainage swales on site convey stormwater from the campground to nearby retention ponds. Since this area was used for travel trailers and tent camping until October 2004, no clearing or grubbing of vegetation would be necessary. The campground would be subject to minimal grading, and gravel would be placed on the site of each mobile home pad. After using the site for temporary housing, MDWFP plans to return the campground to its current condition. FEMA reviewed the proposed action and its potential long-term, adverse direct, indirect, and cumulative impacts on the natural environment and determined that the PEA and the associated Finding of No Significant Impact fully and accurately describe the proposed action and its potential impacts. Thus, no further documentation is required by FEMA to comply with NEPA. MDWFP has no other projects proposed at the park in the future except for park operations and routine maintenance. Further the County of Hammond Department of Planning has received no applications for subdivisions or other development projects in the vicinity of the park. Thus, no cumulative impacts are expected. MDWFP and MEMA would be required to incorporate the following mitigation measure into the proposed action, as described in the PEA: o implementation of BMPs (Sections 3.1.2.4 and 3.3.2.4 of the PEA). Preparer: Title: Date: Appendix B List of Endangered and Threatened Species in Mississippi Appendix B contains a table that is not available online in txt format. The contents of this table has a list of federally-listed endangered species and federally-listed threatened species in Mississippi. Appendix C PROGRAMMATIC AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE MISSISSIPPI STATE HISTORIC PRESERVATION OFFICE THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY WHEREAS, the Federal Emergency Management Agency (FEMA), which has been incorporated into the Department of Homeland Security, Emergency Preparedness and Response Directorate, makes assistance available to States, communities, and other eligible entities through its Programs for disaster housing; hazard mitigation; prevention of, and preparedness for, emergencies and disasters; and the repair, restoration and replacement of public infrastructure pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121-5206, (Stafford Act), the National Flood Insurance Act of 1968, as amended, 42 U.S.C. § 4001 et seq., the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2201 et seq., and implementing regulations contained in Title 44 of the Code of Federal Regulations (CFR); and WHEREAS, the Federal Emergency Management Agency (FEMA) proposes to administer the Federal disaster Public Assistance, Hazard Mitigation Grant, Individual and Family Grant, Flood Mitigation Assistance, and Pre-Disaster Mitigation Programs (Programs) pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121-5204c, (Stafford Act), and its implementing regulations contained in Title 44 of the Code of Federal Regulations (44 CFR) Part 206; the National Flood Insurance Reform Act of 1994 and its implementing regulations contained in 44 CFR Part 78; and the Disaster Mitigation Act of 2000 and its implementing regulations; and such other Acts or implementing regulations as are passed from time to time; and WHEREAS, FEMA has determined that implementation of these Programs will result in Undertakings that may affect properties listed in, or eligible for, the National Register of Historic Places (historic properties), and FEMA has consulted with the Mississippi State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council), pursuant to 36 CFR Part 800, implementing Sections 106 and 110(f) of the National Historic Preservation Act (NHPA), 16 U.S.C. Part 470; and WHEREAS, FEMA has invited the Advisory Council on Historic Preservation (Council) to enter into formal consultation and become a signatory party to this document, thus affording the Council a reasonable opportunity to comment on all FEMA Programs identified in the Preamble, pursuant to 36 CFR Part 800, implementing Sections 106, and the Council has declined to formally consult or to become a signatory party, pursuant to 36 CFR 800.6(a)(1)(iii); and WHEREAS, as a result of future disasters and/or enabling legislation, the State of Mississippi will receive financial and technical assistance from FEMA and will in turn provide monies and other assistance to eligible applicants to alleviate the effects of future disaster related damages through FEMA's various grant Programs, and as such the Mississippi Emergency Management Agency (MEMA) will be responsible for administering these Programs, has participated in this consultation, and has been invited to enter into this Programmatic Agreement (Agreement); and WHEREAS, FEMA, the SHPO, and MEMA, and the Council acknowledge that implementation of these Programs will be more effective if, pursuant to 36 CFR 800.14(b), an Agreement is in place to define roles and responsibilities in the Section 106 review process, eliminate the need for further SHPO and Council review of certain routine activities with little potential to adversely affect historic properties, and promote efficiency so that the effects of Undertakings on historic properties may be considered while delays to FEMA's delivery of disaster assistance are minimized; and WHEREAS, FEMA has determined that implementation of these Programs will result in Undertakings that may have an effect on historic properties that have religious and cultural significance to Federally recognized tribes (Tribes), and FEMA may request that these Tribes participate in the terms of this Agreement to fulfill the requirements of Section 106; NOW, THEREFORE, FEMA, the SHPO, and MEMA, and the Council agree that these Programs will be administered in accordance with the following Stipulations to satisfy FEMA's Section 106 responsibilities for all Undertakings. FEMA will not approve funding of any Undertaking until it is reviewed pursuant to this Agreement. STIPULATIONS To the extent of its legal authority, and in coordination with the SHPO and MEMA, and the Council, FEMA shall require that the following measures are implemented: I. LEAD AGENCY COORDINATION A. When FEMA is determined to be the Lead Agency, FEMA will coordinate the Section 106 review activities of all Federal agencies and Tribes that participate in Undertakings funded by the Programs. B. If a project has been previously reviewed and approved under Section 106 in another Federal program or by another Federal agency, no further review is required, as long as the project is the same one that was reviewed under the other program. The applicant and/or MEMA shall certify to FEMA that a project has not changed (i.e., that the project plans bear the same date as those referenced in the previous comment letter) when submitting a previous comment letter for compliance with Section 106. C FEMA may request that a Tribe become a signatory to this Agreement by entering into an Addendum with a signature page, thus accepting the provisions of this Agreement. The addition of a Tribe without further change to this Agreement will not require an amendment to the Agreement. A sample Tribal Addendum is attached as Appendix A. II. APPLICABILITY A. This Agreement applies immediately upon date of execution and will remain in effect for five (5) years. B. FEMA will determine when an Undertaking meets applicable criteria of the Programmatic Allowances (Allowances include restoring various facilities to pre-disaster conditions, human services, and administrative actions) listed in Appendix B. FEMA will document this determination in the project file and authorize the release of funding for the Undertaking without further review and SHPO notification. C. For all other activities, FEMA will conduct Section 106 review in accordance with Stipulation V. or VI. of this Agreement. III. GENERAL A. Professional Qualifications: 1. FEMA will use Federal, State of Mississippi agency, or contractor staff who meet the Secretary of the Interior's (SOI's) Professional Qualifications Standards (Qualifications), as determined by FEMA's Federal Preservation Officer (FPO), in the required disciplines, in making National Register eligibility and affect determinations, and in overseeing compliance with this Agreement. 2. FEMA acknowledges that Tribes possess special expertise related to properties that possess Tribal religious and cultural significance, and FEMA may utilize this expertise in determining if any such properties are eligible for the National Register. B. All time designations will be in calendar days. If any party does not comment on a determination related to a proposed action within an agreed upon timeframe, FEMA may assume the party's concurrence with FEMA's determination. C. FEMA responsibilities: 1. FEMA may request that Federal, State of Mississippi agency, or applicant staff who meet the Qualifications, as determined by FEMA's FPO, conduct the identification and evaluation of historic properties on behalf of FEMA, as described in 36 CFR 800.4(b,c). 2. FEMA will review any National Register eligibility recommendations resulting from the performance of these delegated activities. 3. FEMA will provide the SHPO and Council with an annual report for the previous calendar year by March 31st of each year that this Agreement is in effect. This report will summarize, as listed below, the actions taken to implement the terms of this Agreement. a. A listing of the projects requiring a cultural resource survey; b. The number of properties added either as Mississippi Landmarks or to the National Register; c. A summary of project mitigation measures undertaken, including the use of Memoranda of Agreements; d. A summary of projects requiring archaeological activities; e. A summary of staff training; f. The views of FEMA (Region IV) regarding the effectiveness of the Programmatic Agreement; g. Suggestions for additional actions that could be considered for inclusion in Appendix B. The parties will review this information to determine if amendments to the Agreement are necessary. Upon the request of any party, a meeting will be held subsequent to the issuance of the annual report to review the report and/or discuss issues in greater detail. 4. FEMA shall ensure that all final reports resulting from Undertakings pursuant to this Agreement will be consistent with applicable SHPO guidelines for such documents. D. SHPO responsibilities: 1. The SHPO will concur or non-concur with FEMA's National Register eligibility determinations within the timeframes required by this Agreement. 2. The SHPO may delegate some or all of its responsibilities under this Agreement to persons who are not currently members of the SHPO staff and who will serve as SHPO representatives with respect to the actions and decisions required by this Agreement. The SHPO will consult with FEMA about the selection of representatives, the scope of responsibilities delegated, and implementing procedures related to the actions and decisions delegated. IV. INITIAL COORDINATION FOLLOWING DECLARATION OF A DISASTER Following a Federal disaster declaration, FEMA will meet with the SHPO and MEMA to establish points of contact and protocols for the implementation of the Agreement. SHPO and MEMA representatives will then attend a historic scoping meeting, where FEMA and MEMA will provide guidance on program issues and processes. MEMA and FEMA, as appropriate, will also present information related to the Section 106 review process to all applicants, at the applicants' briefings and kickoff meetings. A. FEMA will: 1. Determine with the SHPO those previously designated historic properties (standing structures) within the Undertaking's area of potential effect that may not have not retained integrity. This Agreement will only apply to historic properties that retain integrity in the aftermath of the Disaster, pursuant to 36 CFR Part 60. If FEMA and the SHPO do not agree on whether a National Register eligible listed property has retained integrity, FEMA will review all Undertakings that may affect the property in accordance with Stipulations V. through VII. 2. Consult with other Federal agencies and any Tribes having jurisdiction for Undertakings related to the Programs to ensure compliance with applicable historic preservation laws and regulations. 3. Develop with the SHPO a feasible plan for involving the public in the Section 106 review process, pursuant to 36 CFR 800.2(d). 4. Upon learning that a National Historic Landmark (NHL) has been damaged as a result of the disaster, FEMA will promptly notify the SHPO and the Secretary of the Interior's Program Manager at the National Park Service's Southeast Regional Office in Atlanta. B. The SHPO will: 1. Provide FEMA with available information about historic properties within the declared Disaster area, including: a. Properties listed in or previously determined eligible for the National Register through a Section 106 review or by the SOI; b. Properties listed as Mississippi Landmarks; c. Geographic areas with high potential for archaeological resources, and areas where it is known that there are not any archaeological resources; and d. Previously identified Traditional Cultural Properties, and known properties of religious and cultural significance to Tribes. 2. Work with FEMA to jointly compile a list of previously identified or unevaluated historic properties, and geographic areas with a high potential for unidentified historic properties. 3. Identify SHPO staff or consultants to assist FEMA staff with its Section 106 responsibilities, and to identify in coordination with FEMA specific activities that the SHPO may perform at FEMA's request for specific projects. 4. Assist FEMA in identifying any Tribes, organizations, or individuals that may have an interest in historic properties affected by the disaster. FEMA and the SHPO will jointly contact these interested parties to inform them of this Agreement and to request information on the location of damaged historic properties within the area of potential effect. 5. Assist local jurisdictions in identifying staging and landfill sites for debris disposal, and sites for chipping of vegetative debris, if applicable, that will have a minimal or no effect on historic properties. V. EXPEDITED PROJECT REVIEW FOR EMERGENCIES A. Immediate rescue and salvage operations conducted to preserve life and improved property are exempt from the provisions of Section 106 (36 CFR Part 800.12(d)). B. As a result or in anticipation of a disaster, FEMA may be requested to authorize funding for emergency protective measures in response to an immediate threat to human health and safety or improved property, which may adversely affect historic properties. For all Undertakings that the Federal Coordinating Officer (FCO) determines are of an emergency nature as defined in Section 102(1) of the Stafford Act, and are not exempt from Section 106 review in accordance with Stipulation V.A. above, FEMA will conduct the following expedited review: 1. The expedited review period will begin at the time that FEMA determines that an emergency action is required, and will remain in effect for the time necessary to implement this expedited review, but for not more than 30 days after the time of discovery of the emergency. 2. The FCO will certify in writing to the SHPO the need for FEMA to conduct expedited project review for individual Undertakings. Should FEMA determine that it is necessary to extend the expedited review period beyond 30 days, FEMA will, in 30-day increments, as needed, request an extension in writing from the SHPO and Council. FEMA will immediately assume the SHPO's and Council's concurrence unless otherwise notified. by the Council. 3. If it appears that an emergency action will adversely affect a historic property during this expedited review period, FEMA will provide the SHPO with available information about the condition of the property, the proposed action, and prudent and feasible measures that would take the adverse effect into account, requesting the SHPO's comments. FEMA may provide this information through written requests, telephone conversations, meetings, or electronic media. The SHPO will respond to any FEMA request for comments within 3 days after receipt, unless FEMA determines the nature of the emergency action warrants a shorter time period. 4. If FEMA does not accept the recommendations provided by the SHPO pursuant to this Stipulation, or the SHPO objects to FEMA's proposal to use the emergency review procedure and/or proposed treatment measures, FEMA will consult with the SHPO to resolve the dispute. If FEMA is unable to resolve the dispute, FEMA will seek the Council's comments. The Council will provide final comments to FEMA within 3 days after receipt of FEMA's request, unless FEMA determines the nature of the emergency action warrants a shorter time period. VI. STANDARD PROJECT REVIEW The signatories of this agreement will follow the following review for all non-emergency undertakings, except as provided for in Stipulation II.B. A. Area of Potential Effects (APE): For all project review of standing structures the APE will be the individual facility (as defined in 44 CFR 206.201(c)) when an Undertaking is limited to the in-kind repair or rehabilitation of the facility's interior or exterior. FEMA will establish the APE in consultation with the SHPO for all other Undertakings including those that may affect archaeological properties. FEMA will also identify and invite other appropriate parties (such as local governments and the public) to provide information related to the APE. B. In accordance with 36 CFR 800.4(b,c), FEMA will determine, in consultation with the SHPO, if the APE contains properties (including archaeological properties) that are listed in or eligible for the National Register. For small projects, as defined in 44 CFR §206.203(c)(2), (less than or equal to $52,000 in FY2002) under the Public Assistance Program, properties in the APE that are not listed on the National Register or as Mississippi Landmarks will not require review by the SHPO. FEMA may approve funding for such projects after documenting its decision in writing in the project files and conclude the review required by this Agreement. C. If no historic properties are present within the APE, or if an Undertaking is designed to avoid affecting the character defining features of such historic property or properties, FEMA will make a determination of "no historic properties affected" in accordance with 36 CFR 800.4(d)(1). FEMA will notify the SHPO and all consulting parties of this determination and provide supporting documentation. Unless the SHPO or any consulting party objects to this determination within 14 days after receipt, FEMA will complete the Section 106 review and may approve funding. D. If an Undertaking may affect identified historic properties, or if the SHPO objects to the determination of "no historic properties affected" within 14 days after receipt, FEMA will consult with the SHPO to apply the criteria of adverse effect, pursuant to 36 CFR 800.5(a)(1), or determine if the Undertaking meets the SOI Standards for the Treatment of Historic Properties (Standards), or any other applicable SOI Standards. FEMA will also consider any views provided by consulting parties and the public related to such effects. 1. For standing structures only: a. If FEMA and the SHPO agree that an Undertaking does not meet the adverse effect criteria or that it meets the Standards, FEMA will make a determination of "no adverse effect" pursuant to 36 CFR 800.5(b). FEMA will notify the SHPO and all consulting parties of this determination and provide supporting documentation pursuant to 36 CFR 800.5(c). Unless the SHPO or any consulting party objects within 14 days after receipt of the notification, FEMA will complete the Section 106 review and may approve funding. b. If the SHPO objects to the "no adverse effect" determination, FEMA will attempt to resolve the objection through discussion. If still unresolved, FEMA will request through MEMA that the applicant revise the scope of work to substantially conform to the Standards, in consultation with the SHPO and consulting parties. FEMA also will ensure that the revised scope of work is reviewed for funding eligibility. If the applicant modifies the scope of work to address the objections, FEMA will notify the SHPO and all consulting parties, and provide supporting documentation. Unless the SHPO or any consulting party objects within 14 days after receipt, FEMA will complete the Section 106 review and may approve funding. c. If the applicant is unable to, or will not modify the Undertaking to meet the Standards or address the objections, FEMA will initiate adverse effect consultation pursuant to Stipulation VII. 2. For archaeological properties only: a. If there is a reasonable potential for archaeological properties to be present within the APE, FEMA will consult with the SHPO to determine the level of effort necessary to identify the anticipated type and location of these properties. b. FEMA will initiate adverse effect consultation pursuant to Stipulation VII when consulting parties agree there is an adverse effect, or when a consulting party objects to a finding of "no adverse effect" whereby identified archaeological properties are avoided or effects minimized through redesign of an Undertaking, or through other procedures/requirements. VII. RESOLUTION OF ADVERSE EFFECTS FOR HISTORIC PROPERTIES A. If FEMA determines that an Undertaking will adversely affect a historic property, and barring objections from Native American groups that have expressed an interest in the site because of its religious or cultural significance, and barring the existence of human remains or associated funerary objects within the site, FEMA will determine if the Undertaking will be reviewed in accordance with 36 CFR 800.6(b), resulting in a Memorandum of Agreement (MOA), or addressed through a Secondary Programmatic Agreement (for a category of projects). Following this decision, FEMA will notify the SHPO, all other consulting parties, and provide the Council with an adverse effect notice, including documentation in accordance with 36 CFR 800.11(e). 1. Memorandum of Agreement: FEMA, in consultation with the SHPO and other affected consulting parties, may develop an MOA in accordance with 36 CFR 800.6(c) to outline measures to treat adverse effects to historic properties. FEMA may consider reasonable alternate treatment measures that serve an equivalent or greater public benefit than standard measures or archaeological data recovery, while promoting the preservation of historic properties. FEMA will attempt to identify all such feasible measures in consultation with the SHPO and other affected consulting parties. Alternate measures may include, but are not limited to, preservation planning, interpretive programs, or development of a historic properties database with Geographic Information Systems. 2. Secondary Programmatic Agreement: FEMA, the SHPO, MEMA, the Council, if participating, and other consulting parties may consult to develop a Secondary Programmatic Agreement to require programmatic conditions and/or treatment measures for multiple, but similar Undertakings by an applicant. B. When an Undertaking will adversely affect an archaeological property, and barring objections from Native American groups that have expressed an interest in the site because of its religious or cultural significance, and barring the existence of human remains or associated funerary objects within the site, FEMA may resolve the adverse effect. Resolution may be accomplished treat the adverse effect by providing for the recovery of significant information through archaeological data recovery or other scientific means, assuming avoidance and adverse affect minimization provisions in Stipulation VI have been exhausted. To accomplish this objective, FEMA will follow the SOI's Guidelines for Archaeological Documentation, as well as the SHPO's data recovery/documentation guidelines; and consult with the other consulting parties to prepare a data recovery plan, including material and record curation provisions. For sites where FEMA determines extraordinary circumstances exist or when other treatment measures are appropriate, FEMA will consult further with the other consulting parties to develop an appropriate approach to resolving the adverse effects. C. FEMA will also involve the public in the resolution of adverse effects in accordance with 36 CFR 800.6(a)(4). D. When an Undertaking will adversely affect a National Historic Landmark (NHL), FEMA also will notify and invite the Secretary of the Interior (Secretary), through the NHL Program Manager at the National Park Service's Southeast Regional Office in Atlanta, to participate in consultation, pursuant to 36 CFR 800.10(c). When the Council participates in consultation related to an NHL, the Council will report the outcome of the consultation to the Secretary and the FEMA Director. VIII. CHANGES TO AN APPROVED SCOPE OF WORK MEMA will notify FEMA as soon as practicable of any proposed change to the approved scope of work for an Undertaking related to a historic property. FEMA will then consult with the SHPO to determine if the change will have an effect on the property. FEMA may authorize the applicant to proceed with the change if it meets an Allowance or if, for a standing structure, the change can be modified to conform to the Standards, or any other applicable SOI Standards. If FEMA determines that the change does not meet an Allowance, or if FEMA and the SHPO determine that the change cannot be modified to conform to the Standards, or any other applicable SOI Standards, FEMA will initiate adverse effect consultation pursuant to Stipulation VII. IX. UNEXPECTED DISCOVERIES A. MEMA will notify FEMA as soon as practicable if it appears that an Undertaking will affect a previously unidentified property that may be historic, including human remains; or affect a known historic property in an unanticipated manner. MEMA will require the applicant to stop construction activities in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the property until FEMA concludes consultation with the SHPO and other affected consulting parties. B. FEMA will notify the SHPO and other affected consulting parties of the discovery at the earliest possible time and consult to develop actions to take into account the effects of the Undertaking. FEMA will notify the SHPO and other affected consulting parties of any time constraints, and all parties will mutually agree upon timeframes for this consultation. MEMA and the applicant may participate in this consultation. FEMA will provide the SHPO and other affected consulting parties with written recommendations to take into account the effects of the Undertaking. C. If the SHPO does not object to FEMA's recommendations within the agreed upon timeframe, FEMA will require the applicant to modify the scope of work to implement the recommendations. If the SHPO objects to the recommendations, FEMA and the SHPO will consult further to resolve this objection through actions including, but not limited to, identifying project alternatives that may result in the Undertaking having no adverse effect on historic properties, or proceeding in accordance with Stipulation VII. X. DISPUTE RESOLUTION A. Should the SHPO, MEMA, the Council, or a consulting party object within the timeframe provided by this Agreement to any plans, specifications, or actions provided for review pursuant to this Agreement, FEMA will consult further with the objecting party to seek resolution. If FEMA objects within any such timeframe to any such plans, specifications, or actions, FEMA will consult further with the other parties to seek resolution. If FEMA determines within 14 days of receipt of an objection that the objection cannot be resolved, FEMA will forward to the Council all documentation relevant to the dispute, including FEMA's proposed resolution to the objection. B. Any recommendation or comment provided by the Council will pertain only to the subject of the dispute. The responsibility of the signatories to implement all actions pursuant to this Agreement that are not subject to the dispute will remain unchanged. XI. ANTICIPATORY ACTIONS A. FEMA will not grant assistance to an applicant who, with intent to avoid the requirements of this Agreement or Section 106, has intentionally significantly adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed such significant adverse effect to occur. After consulting with the SHPO and Council, FEMA may determine that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant, and will complete consultation for the Undertaking pursuant to Stipulation VII. B. FEMA will specifically advise MEMA of this Stipulation and will require that MEMA advise its applicants in writing at their kickoff meetings that they may not initiate construction on projects for which they are seeking Federal funding prior to compliance with this Agreement. MEMA will also advise its applicants that they may jeopardize Federal funding if construction is initiated prior to compliance with this Agreement. XII. DURATION, AMENDMENTS, AND TERMINATION A. Unless terminated pursuant to Stipulation XII.C., below, this Agreement shall remain in effect from the date of execution for five years; until FEMA, in consultation with all other signatories, determines that the terms of this Agreement have been satisfactorily fulfilled and/or the Agreement should be extended. B. If any signatory to the Agreement determines that the Agreement cannot be fulfilled, the signatories will consult to seek amendment of the Agreement. Any amendment will be specific to the applicable Disaster unless otherwise agreed to by the signatories. C. FEMA, the SHPO, or MEMA, or the Council may terminate this Agreement by providing 30 days' written notice to the other parties, provided that the parties will consult during this period to seek amendments or other actions that would prevent termination. Termination of this Agreement will require compliance with 36 CFR Part 800. D. This Agreement may be terminated by the implementation of a subsequent Agreement that explicitly terminates or supersedes this Agreement, or by FEMA's implementation of Alternate Procedures, pursuant to 36 CFR 800.14(a). XIII. IMPLEMENTATION OF THIS PROGRAMMATIC AGREEMENT A. This Agreement may be implemented in counterparts, with a separate page for each signatory, and FEMA will ensure that each party is provided with a complete copy. This Agreement will become effective on the date of the last signature. B. FEMA programs authorized by Congress in the future may be included under this Agreement, without amending this Agreement, through written concurrence by FEMA, SHPO, MEMA, the Council, and any other consulting parties. C. Execution of this Agreement by all signatory parties the Council and implementation by FEMA evidences that FEMA has taken into account the effects of Undertakings on historic properties and afforded the Council a reasonable opportunity to comment on all of the Programs pursuant to the Stafford Act, the National Flood Insurance Reform Act, and Disaster Mitigation Act; and that FEMA has satisfied its Section 106 responsibilities for all Undertakings. PROGRAMMATIC AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE MISSISSIPPI STATE HISTORIC PRESERVATION OFFICE, AND THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION FEDERAL EMERGENCY MANAGEMENT AGENCY EMERGENCY PREPAREDNESS AND RESPONSE DIRECTORATE By: ________________________________ Date: _________________ Kenneth O. Burris Jr., Regional Director Region IV By: ________________________________ Date: _________________ William R. Straw, Ph.D., Regional Environmental Officer Region IV PROGRAMMATIC AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE MISSISSIPPI STATE HISTORIC PRESERVATION OFFICE, AND THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION MISSISSIPPI STATE HISTORIC PRESERVATION OFFICE By: ______________________________ Date: _________________ Elbert R. Hilliard, State Historic Preservation Officer PROGRAMMATIC AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE MISSISSIPPI STATE HISTORIC PRESERVATION OFFICE, AND THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION MISSISSIPPI EMERGENCY MANAGEMENT AGENCY By: ______________________________ Date: _________________ Robert Latham, Dir