DR-4607-MI Public Notice

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.