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DR-4607-MI Public Notice

Notice Date

PUBLIC NOTICE | FEMA–4607–DR–MI

The Federal Emergency Management Agency (FEMA) hereby gives notice to the public of the FEMA funded activities related to FEMA-4607-DR-MI, to include the addition of the Public Assistance (PA) program to FEMA-4607-DR-MI. FEMA Public Assistance is intended to reimburse eligible applicants for those disaster related facility repair and replacement costs which can be demonstrated to be caused by flooding during the period of June 25 through June 26, 2021. This notice applies to all FEMA funded activities under the declaration, to include the Individual Assistance (IA), 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. §§ 5121-5207.

As a result of severe storms and flooding during the period of June 25-26, 2021, in Michigan, President Biden signed Disaster Declaration FEMA-4607-DR-MI on July 15, 2021 (Amended September 24 and November 10, 2021). The following counties have been designated as adversely affected by the disaster and thus eligible for FEMA assistance: Individual Assistance (IA): Macomb, Oakland, Washtenaw, and Wayne Counties and Public Assistance (PA): Ionia and Wayne counties. Hazard Mitigation Grant (HMGP): All counties in the State of Michigan.

This public notice concerns federally funded activities that may affect historic properties, activities that are located in or affecting 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. For other activities, subsequent public notices will be published, if necessary, as more specific information becomes available.

FEMA may provide IA program funding for disaster-related emergency 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 manufactured housing units, or repair of structures as minimum protective measures. This will be the only public notice published concerning these actions.

FEMA also intends to provide HMGP funding to the State of Michigan 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.

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-percent 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 piers), 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 Michigan 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 Michigan 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 consider the effects of their undertakings on historic properties. Those actions or activities affecting buildings, structures, districts or objects fifty (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.

The Rehabilitation Act of 1973 protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Any recipient or sub-recipient of federal funds is required to make their programs accessible to individuals with disabilities. Its protections apply to all programs and businesses that receive any federal funds. This applies to all elements of physical/architectural, programmatic and communication accessibility in all services and activities conducted by or funded by FEMA. FEMA intends to comply with the Rehabilitation Act in all federally conducted and assisted programs in alignment with the principals of whole community inclusion and universal accessibility.

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.

Presidential Executive Order 12898, Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, directs each federal agency to avoid disproportionate and high adverse human health or environmental effects to low-income and minority populations. FEMA aims to identify low income and minority communities at the onset of a declared event to gain better understanding of how response and recovery efforts, including mitigation may impact such groups and communities. Additionally, once low income and minority communities have been identified, FEMA aims to minimize any potential adverse impacts to those communities through encouraging an alternative analysis and open public engagement including HMGP projects.

As noted, this may be the only published public notice regarding the above-described actions under the identified FEMA disaster assistance programs. Interested persons may obtain information about these actions or a specific project by writing to the Federal Emergency Management Agency, Regional Environmental Officer, 536 S. Clark Street, Sixth Floor, Chicago, IL 60605, by calling Regional Environmental Officer Duane Castaldi at 312-408-5500, or by responding to the email address: fema-r5- environmental@fema.dhs.gov. Comments should be sent in writing to Scott Burgess, Federal Coordinating Officer, at the above address. Comments should be made within thirty (30) days of the date of this notice.

Last updated November 17, 2021