DR-4559-LA and EM-3538-LA Public Notice
The Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to reimburse eligible applicants for eligible costs for assistance to repair and/or replace facilities damaged by Hurricane Laura, occurring August 22 to August 27, 2020. This notice applies to the Public Assistance (PA), Individual Assistance (IA), 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. §§ 5121-5207.
Under an Emergency declaration (FEMA 3538-EM–LA) signed by the President on August 23, 2020 and amended on August 25, 2020, and August 26, 2020, FEMA is authorized to identify, mobilize, and provide at its discretion, equipment and resources necessary to alleviate the impacts of the emergency. Emergency protective measures Category B, limited to direct federal assistance under the Public Assistance program and reimbursement for mass care including evacuation and shelter support are available for the following Parishes: Acadia, Allen, Ascension, Assumption, Beauregard, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Washington, West Baton Rouge and West Feliciana. The President also authorized Public Assistance-Category B to include reimbursement for eligible emergency protective measures for all parishes.
Under a major disaster declaration (FEMA-4559-DR-LA) (for the incident beginning August 22, 2020) signed by the President on August 28, 2020 and amended August 30, 2019 and August 31, 2020, the following parishes have been designated eligible for PA Category A: Acadia, Allen, Beauregard, Bienville, Bossier, Calcasieu, Cameron, Catahoula, Evangeline, Grant, Jackson, Jefferson Davis, Lincoln, Natchitoches, Rapides, Sabine, Vermilion, Vernon, Webster, and Winn Parishes. All Parishes are designated eligible for PA Category B (emergency protective measures), including Direct Federal Assistance under the major disaster declaration. Currently, the following Parishes are designated eligible for PA Category C-G: Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vernon Parishes. Additional parishes may be designated at a later date.
Under FEMA-4559-DR- LA the following parishes have been designated eligible for IA: Acadia, Allen, Beauregard, Caddo, Calcasieu, Cameron, Grant, La Salle, Jackson, Jefferson Davis, Lincoln, Morehouse, Natchitoches, Ouachita, Rapides, Sabine, St. Landry, Union, Vermilion, Vernon, and Winn Parishes. Additional parishes may be designated at a later date. All parishes in the State of Louisiana are eligible for HMGP under FEMA-4459-DR- LA.
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 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), or 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 Louisiana and local officials will confirm to FEMA that proposed actions comply with all applicable State and local floodplain management and wetland protection requirements.
FEMA intends to provide IA program funding for disaster-related housing. These actions may adversely affect a floodplain or wetland or may result in continuing vulnerability to floods. These actions may include repair, restoration, or construction of housing or private bridges, purchase and placement of travel trailers or manufactured housing units, or repair of structures as minimum protective measures. This will be the only public notice concerning these actions.
FEMA also intends to provide HMGP funding to the State of Louisiana to mitigate future disaster damages. These projects may include construction of new facilities, modification of existing facilities, 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.
This document will be posted on social media outlets and FEMA.gov Region 6 EHP public notice page Friday, September 18, 2020 and will be available for three (3) to five (5) days – starting Friday, September 18, 2020 and ending Tuesday, September 22, 2020. Public comments will be accepted for thirty days beginning on September 18, 2020 and ending on Wednesday, October 18, 2020 at 4:00P. Interested persons may obtain information about these actions or a specific project by writing to Jerame Cramer, Environmental Historic Preservation Advisor (EHAD), Federal Emergency Management Agency, 1500 Main St., Baton Rouge, LA 70802 or by emailing firstname.lastname@example.org. Comments should be sent in writing within 30 days of the date of this notice.