PUBLIC NOTICE MAJOR DISASTER DECLARATIONS FEMA-4816-DR-VT FEMA-4826-DR-VT

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 Vermont, local and tribal governments, and certain private nonprofit organizations under the Public Assistance and Hazard Mitigation Grant Programs for major disaster declaration FEMA-4816-DR-VT 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 Public Assistance and Hazard Mitigation Grant Program activities that may affect historic properties, may be located in or affect wetland areas or the floodplain as determined by 44 CFR 9.7(c).  

I. Public Notice – Major Disaster Declarations FEMA-4816-DR-VT and FEMA-4826-DR-VT - Overview of Authorized Assistance

The President declared a major disaster for the State of Vermont, on September 11, 2024, because of the severe storms and flooding that occurred from June 22-24, 2024. This declaration, designated FEMA-4816-DR-VT, authorized HMGP statewide and PA for Lamoille County. Additional counties or the Individual Assistance program may be authorized later. 

The President declared a major disaster for the State of Vermont, on September 26, 2024, because of the severe storms, flooding, landslides, and mudslides that occurred from July 29-31, 2024. This declaration, designated FEMA-4826-DR-VT, authorized HMGP statewide, PA and IA for Caledonia, Essex, and Orleans Counties. Additional counties may be authorized later. 

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 or private bridges, purchase and placement of travel trailers or manufactured housing units, or repair of structures as minimum protective measures. Except for private bridges for which FEMA has determined there is an adverse effect on floodplains/wetlands, 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 eligible 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, or increase resilience to, 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 or the floodplain as determined by 44 CFR 9.7(c), and/or may affect historic properties. In those cases, FEMA must comply with Executive Orders 11988, Floodplain Management (as amended) and 11990 (Protection of Wetlands), and 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. pt. 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

Presidential 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 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.

In determining if a proposed action is in the floodplain, FEMA will identify whether the action is subject to the Federal Flood Risk Management Standard (FFRMS) (any action where FEMA funds are used for new construction, substantial improvement, or to address substantial damage to a structure or facility, and to all structure elevation, mitigation reconstruction, and dry floodproofing actions under HMGP). If the action is subject to the FFRMS, FEMA will establish the FFRMS floodplain area and associated flood elevation by using the process specified in 44 CFR 9.7(c) and FEMA Policy: FFRMS (FP 206-24-005). For actions not subject to the FFRMS, FEMA will use the 1% annual chance (base or 100-year) floodplain and flood elevation for non-critical actions and the 0.2% annual chance (500-year) floodplain and flood elevation for critical actions.

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 $364,000; 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 Vermont 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 state agencies, local and tribal governments, and certain private nonprofit organizations to perform various mitigation projects. 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 damage. For projects in the floodplain involving structure elevations, floodproofing, or mitigation reconstruction, FEMA will implement the requirements set forth in FEMA Policy No. 206-24-005 and 44 C.F.R. pt. 9, as applicable. 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

This will 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.