Environmental and Historic Preservation Clause Samples
Environmental and Historic Preservation. 1. Subrecipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable environmental and historic preservation laws including but not limited to:
a. National Environmental Policy Act of 1969, as amended, 42 USC § 4321, and related FEMA regulations, 44 CFR Part 10.
b. National Historic Preservation Act, 16 USC § 470 et seq.
c. Endangered Species Act, 16 USC § 1531 et seq.
d. Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898).
2. Subrecipient shall not undertake any project without prior EHP approval by FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures, and objects that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, Subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding.
3. For any of Subrecipient’s or its contractors’ or subcontractors’ existing programs or activities that will be funded by these grant funds, Subrecipient, upon specific request from the U.S. DHS, agrees to cooperate with the U.S. DHS in any preparation by the U.S. DHS of a national or program environmental assessment of that funded program or activity.
Environmental and Historic Preservation. Outcome: Ensure all projects are compliant with environmental and historic preservation (EHP) laws, regulations, and executive orders.
1. FEMA will conduct EHP compliance reviews on the actual SOW to be implemented. EHP review needs to occur prior to FEMA approval and prior to the Applicant starting anywork that has potential to impact the environment, historic properties, or archaeological resources. This includes, but is not limited to, demolition, site preparation, and ground disturbing activities.
2. The Applicant must comply with all applicable EHP laws, regulations, and Executive Orders in accordance with the FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements, and accompanying Instruction. Non-compliance with EHP conditions and requirements may result in the deobligation of funds.
Environmental and Historic Preservation. 24 C.F.R. Part 50 and 24 C.F.R. Part 58, which prescribe procedures for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5.
Environmental and Historic Preservation. Sub‐recipient must comply with applicable EHP laws, regulations and executive orders using alternative procedures. FEMA will conduct EHP compliance review prior to obligation of funds and start of construction. Sub‐recipient is responsible for obtaining all necessary permits for project implementation. FEMA will conduct additional EHP compliance reviews when fixed estimate sub‐award funds are under these procedures for changes in scope of work that involve a historic property listed on National Register of Historic Places. HAZARD MITIGATION: FEMA allowed retention of 406 mitigation funds (refer to sub‐award 6a through 6d) for greater benefits of the proposed alternate projects.