DR-4544-PUBLIC NOTICE 001

The Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to
reimburse eligible applicants for eligible costs to repair and/or replace facilities damaged by severe
storms, tornadoes, and straight-line winds, occurring March 28, 2020. This notice applies to the Public
Assistance (PA) and Hazard Mitigation Grant (HMGP) programs implemented under the authority of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206.

Under a major disaster declaration (FEMA-4544-DR-AR) signed by the President on May 8, 2020, the
following county has been designated eligible for PA: Craighead. Additional counties may be designated at a
later date. All counties in the State of Arkansas are eligible for HMGP.

This public notice concerns activities that may affect historic properties, activities that are located in or
affect wetland areas or the 100-year floodplain, and critical actions within the 500-year floodplain. Such
activities may adversely affect the historic property, floodplain or wetland, or may result in continuing
vulnerability to flood damage.

Presidential Executive Orders 11988 and 11990 require that all federal actions in or affecting the
floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic,
historical, environmental, legal and safety considerations. Where there is no opportunity to relocate,
FEMA is required to undertake a detailed review to determine what measures can be taken to minimize
future damages. The public is invited to participate in the process of identifying alternatives and analyzing
their impacts through this notification.

FEMA has determined that for certain types of facilities there are normally no alternatives to restoration
in the floodplain/wetland. These are facilities that meet all of the following criteria: 1) FEMA’s estimate
of the cost of repairs is less than 50% of the cost to replace the entire facility, and is less than $100,000; 2)
the facility is not located in a floodway; 3) the facility has not sustained major structural damage in a
previous Presidentially declared flooding disaster or emergency; and 4) the facility is not critical (e.g., the
facility is not a hospital, generating plant, emergency operations center, or a facility that contains
dangerous materials). FEMA intends to provide assistance for the restoration of these facilities to their
pre-disaster condition, except that certain measures to mitigate the effects of future flooding or other
hazards may be included in the work.  For example, a bridge or culvert restoration may include a larger
waterway opening to decrease the risk of future washouts.

For routine activities, this will be the only public notice provided. Other activities and those involving
facilities that do not meet the four criteria are required to undergo more detailed review, including study
of alternate locations. Subsequent public notices regarding such projects will be published if necessary, as
more specific information becomes available.

In many cases, an applicant may have started facility restoration before federal involvement. Even if the
facility must undergo detailed review and analysis of alternate locations, FEMA will fund eligible
restoration at the original location if the facility is functionally dependent on its floodplain location (e.g.,
bridges and flood control facilities), the project facilitates an open space use, or the facility is an integral
part of a larger network that is impractical or uneconomical to relocate, such as a road. In such cases,
FEMA must also examine the possible effects of not restoring the facility, minimize floodplain/wetland
impacts, and determine both that an overriding public need for the facility clearly outweighs the executive
order requirements to avoid the floodplain/wetland, and that the site is the only practicable alternative.
State of Arkansas and local officials will confirm to FEMA that proposed actions comply with all
applicable state and local floodplain management and wetland protection requirements.
 
FEMA also intends to provide HMGP funding to the State of Arkansas to mitigate future disaster
damages.  These projects may include construction of new facilities, modification of existing, undamaged
facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to
mitigate future disaster damages. In the course of developing project proposals, subsequent public notices
will be published if necessary, as more specific information becomes available.

The National Historic Preservation Act requires federal agencies to take into account the effects of their
undertakings on historic properties. Those actions or activities affecting buildings, structures, districts or
objects 50 years or older or that affect archeological sites or undisturbed ground will require further
review to determine if the property is eligible for listing in the National Register of Historic Places
(Register). If the property is determined to be eligible for the Register, and FEMA’s undertaking will
adversely affect it, FEMA will provide additional public notices. For historic properties not adversely
affected by FEMA’s undertaking, this will be the only public notice.

As noted, this may be the only public notice regarding the above-described actions under the PA and
HMGP programs. Interested persons may obtain information about these actions or a specific project by
writing to Kevin Jaynes, Regional Environmental Officer, Federal Emergency Management Agency,
Region 6, 800 North Loop 288, Denton, TX 76209 or FEMA-R6-EHP@fema.dhs.gov. Comments should
be sent in writing within 15 days of the date of this notice.