PUBLIC NOTICE MAJOR DISASTER DECLARATION FEMA-4764-DR-ME

The Federal Emergency Management Agency (“FEMA”), U.S. Department of Homeland Security is giving public notice of its intent to provide assistance to the State of Maine, local and tribal governments, and certain private nonprofit organizations under the Individual Assistance (“IA”), Public Assistance (“PA”) and Hazard Mitigation Grant (“HMGP”) Programs for major disaster declaration FEMA-4764-DR-ME pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.) (“Stafford Act”). FEMA is also giving public notice that, in some cases, it may provide assistance for Individual Assistance, Public Assistance and Hazard Mitigation Grant Program activities that may affect historic properties, may be located in or affect wetland areas or the 1% annual chance floodplain, and/or may involve critical actions within the 0.2% annual chance floodplain. 

I. Public Notice – Major Disaster Declaration FEMA-4764-DR-ME and Overview of Authorized Assistance

The President declared a major disaster for the State of Maine, on March 20, 2024, as a result of the severe storms and flooding that occurred from January 9-13, 2024. This declaration, designated FEMA-4764-DR-ME, authorized IA and PA for Cumberland County, Lincoln County, Washington County, Hancock County, Sagadahoc County, York County, Knox County, and Waldo County and for HMGP statewide. 

The Individual Assistance Program is authorized primarily by Section 408 of the Stafford Act (codified as amended at 42 U.S.C. § 5174). FEMA intends to 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, 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.

The Public Assistance Grant Program is authorized by, inter alia, Sections 403, 406, 407, and 428 of the Stafford Act (codified as amended at 42 U.S.C. §§ 5170b, 5172, 5173, and 5189f). Under this Program, FEMA may provide financial and/or direct assistance for state agencies, local and tribal governments, and certain private nonprofit organizations to perform debris removal, emergency protective measures, and permanent restoration of facilities damaged or destroyed by the incident. In the case of permanent restoration of damaged or destroyed facilities, FEMA may provide financial assistance to restore facilities to their pre-disaster condition, in conformity with the latest published editions of relevant consensus-based codes, standards, and specifications, and including hazard mitigation measures to reduce the effects of future hazards. A “facility” is any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. Land used for agricultural purposes is not a facility. 

The Hazard Mitigation Grant Program is authorized by Section 404 of the Stafford Act (codified as amended at 42 U.S.C. § 5170c). Under the Hazard Mitigation Grant Program, FEMA may provide financial assistance for state agencies, local and Tribal governments, and certain private nonprofit organizations to take mitigation measures to substantially reduce the risk of future damage, hardship, loss, or suffering. 

II. Public Notice – Financial Assistance for Activities Located in or that Affect Wetlands Areas or Floodplains or that Affect Historic Properties

Some of the activities for which FEMA provides financial assistance under the Public Assistance and Hazard Mitigation Grant Programs may be located in or affect wetland areas, the 1% annual chance floodplain, critical actions within the 0.2% annual chance floodplain, and/or historic properties. In those cases, FEMA must comply with Executive Order 11988, Floodplain Management ; Executive Order 11990, Protection of Wetlands; FEMA’s implementing regulations at 44 C.F.R. part 9 (Floodplain Management and Protection of Wetlands); the National Historic Preservation Act of 1966, Pub. L. No. 89-655 (1966) (codified as amended at 54 U.S.C. § 300101 et seq.) (NHPA); and its implementing regulations at 36 C.F.R. part 800 (Protection of Historic Properties). The executive orders, NHPA, and/or regulations require FEMA to provide public notice for certain activities as part of approving the award of financial assistance for specific Public Assistance and Hazard Mitigation Grant Program projects. 

A. Federal Actions in or Affecting Floodplains and/or Wetlands

Executive Orders 11988, as amended, and 11990 require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate and evaluated for alternatives to avoid adverse effects in those areas. 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 regulations at 44 C.F.R. part 9 set forth the FEMA policy, procedure, and responsibilities for implementing the Executive Orders. Certain actions under the Public Assistance Grant Program are totally excluded from being covered by 44 C.F.R. part 9, such as emergency protective measures necessary to save lives and protect property and public health. See 44 C.F.R. § 9.5(c). Other actions require only a limited review, such as repairs to certain facilities between $5,000 and $25,000. See 44 C.F.R. § 9.5(g). There will be no public notices concerning these actions.

For those actions not excluded from 44 C.F.R. part 9, FEMA will identify and evaluate practicable alternatives to carrying out a proposed action in wetlands or floodplains. Where there is no practicable alternative, FEMA will undertake a detailed review to determine what measures can be taken to minimize potential harm to lives and risk from flooding, the potential adverse impacts the action may have on others, and the potential adverse impact the action may have on floodplain and wetland values. FEMA, in setting these minimization measures, will implement the elevation requirements set forth in 44 C.F.R. part 9 for those actions involving elevation, floodproofing, or new construction. FEMA may publish subsequent public notices regarding Public Assistance and Hazard Mitigation Grant Program projects as necessary as more information becomes available and the public may be invited to participate in the process of identifying alternatives, analyzing their impacts, and identifying minimization measures. 

FEMA has determined that there are normally no practicable alternatives outside the floodplain or wetlands for restoration of certain damaged facilities and structures for which FEMA is providing financial assistance under the Public Assistance Grant Program. See 44 C.F.R. § 9.5(d). These include Public Assistance projects for the replacement of building contents, materials, and equipment and projects for the repair of facilities or structures that meet all the following criteria: 

1. The FEMA estimated cost of repairs is less than 50% of the estimated replacement cost of the entire facility or structure and is less than $100,000.
2. The facility or structure is not located in a floodway or coastal high hazard area.
3. The facility or structure has not sustained structural damage from flooding in a previous Stafford Act major disaster or emergency.
4. The facility or structure has not sustained structural damage on which a flood insurance claim has been paid.
5. The restoration of the facility or structure is not a critical action. A critical action means an action for which even a slight chance of flooding is too great.

Additionally, FEMA may provide financial assistance for such projects to restore the facility to its pre-disaster condition, in conformity with the latest published editions of relevant consensus-based codes, standards, and specifications, and including hazard mitigation measures to reduce the effects of future hazards. Code, specification, or standard-triggered upgrades and/or hazard mitigation measures could include, for example, increasing the size of a culvert or elevating or floodproofing a structure. For Public Assistance projects meeting the above criteria, this is the only public notice that FEMA will provide.

For routine activities, this will be the only public notice provided. Other activities and those involving facilities that do not meet the 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 Maine 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 Hazard Mitigation Grant Program funding for projects which 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 damage. FEMA may publish subsequent public notices regarding Hazard Mitigation Grant Program projects as necessary as more information becomes available.

B. Federal Actions Affecting Historic Properties

Section 106 of the NHPA requires FEMA to consider the effects of its activities (known as “undertakings”) on any historic property and consider public views and comments on such projects before making final decisions for certain Public Assistance and Hazard Mitigation Grant Program projects and expending federal funds. Both Public Assistance and Hazard Mitigation Grant Program projects are “undertakings” for the purposes of the NHPA and a historic property is any property that is included in, or eligible for inclusion in, the National Register of Historic Places. For historic properties that will not be adversely affected by an undertaking, this will be the only public notice. FEMA, on the other hand, may provide additional public notices if a proposed FEMA undertaking would adversely affect a historic property. 

III. Further Information or Comment

As noted above, this may be the only public notice regarding the actions described above for which FEMA may provide financial assistance under the Public Assistance and Hazard Mitigation Grant Programs.  Interested persons may obtain information about these actions or a specific project by writing to the following: 

• Federal Emergency Management Agency
• Attn: Mary Shanks, Regional Environmental Officer
• 220 Binney Street, 7th Floor
• Cambridge, MA 02142
• mary.shanks@fema.dhs.gov 

All comments concerning this public notice must be submitted in writing to FEMA within 15 days of its publication.