{ "id": "RL34650", "type": "CRS Report", "typeId": "REPORTS", "number": "RL34650", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 463812, "date": "2017-08-31", "retrieved": "2018-05-10T12:39:12.859270", "title": "Implementing the National Environmental Policy Act (NEPA) for Disaster Response, Recovery, and Mitigation Projects", "summary": "In the aftermath of a major disaster, communities may need to rebuild, replace, or possibly even relocate a multitude of structures. When recovery activities take place on such a potentially large scale, compliance with any of a number of local, state, and federal laws or regulations may apply. For example, when federal funding is provided for disaster-related activities, the agency providing those funds is generally required to identify and consider the environmental impacts of the proposed activities in accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. \u00a74321 et seq.). \nAs commonly implemented, the process of identifying potential environmental impacts, as required under NEPA, serves as a framework to identify any other environmental requirements that may apply to that project as a result of those impacts. This use of NEPA as an \u201cumbrella\u201d statute can lead to confusion. For example, before the Department of Housing and Urban Development\u2019s (HUD) can grant an applicant request for Community Development Block Grant (CDBG) funds, that applicant must complete an environmental review of the proposed project. A required element of that review is the applicant\u2019s certification that compliance with any applicable requirements related to historic preservation, floodplain management, endangered species, air quality, and farmland protection have been considered. This review is required not only to meet NEPA obligations, but also to ensure that the project being funded does not violate other applicable laws. From the applicant\u2019s perspective, this may blur the distinction between what is required under NEPA and what is required under separate compliance requirements identified within the context of the NEPA process.\nFor many federal actions undertaken in response to emergencies or major disasters, NEPA\u2019s environmental review requirements are exempted under provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act). (The Stafford Act does not, however, exempt such projects from other applicable environmental requirements.) In the past, some Members of Congress have been interested in the NEPA process as it applies to disaster-related projects. This interest has been driven, in part, by federal grant applicants who have been confused about both their role in the NEPA process and what the law requires.\nTo address issues associated with the NEPA process, this report discusses NEPA as it applies to projects for which federal funding to recover from or prepare for a disaster has been requested by local, tribal, or state grant applicants. Specifically, the report provides an overview of the NEPA process as it applies to such projects, identifies the types of projects (categorized by federal funding source) likely to require environmental review, and delineates the types of projects for which no or minimal environmental review is required (i.e., those for which statutory or regulatory exemptions apply) and those likely to require more in-depth review.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34650", "sha1": "f9922df9a1f1d965fbdc1ad886a6df87b298de48", "filename": "files/20170831_RL34650_f9922df9a1f1d965fbdc1ad886a6df87b298de48.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34650", "sha1": "3b14415e31412f0a36cc6c334e302fa98dc21df8", "filename": "files/20170831_RL34650_3b14415e31412f0a36cc6c334e302fa98dc21df8.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4814, "name": "Environmental Review & Policy" }, { "source": "IBCList", "id": 4845, "name": "Federal Emergency Management" } ] }, { "source": "EveryCRSReport.com", "id": 382587, "date": "2011-01-13", "retrieved": "2016-04-06T22:10:28.979573", "title": "Implementing the National Environmental Policy Act (NEPA) for Disaster Response, Recovery, and Mitigation Projects", "summary": "In the aftermath of a major disaster, communities may need to rebuild, replace, or possibly even relocate a multitude of structures. When recovery activities take place on such a potentially large scale, compliance with any of a number of local, state, and federal laws or regulations may apply. For example, when older buildings must be repaired or demolished, provisions of the National Historic Preservation Act (NHPA) may need to be considered. If rebuilding will take place in a floodplain, provisions of Executive Order 11988 on Floodplain Management may apply.\nWhen federal agencies make decisions, such as funding applicant-proposed actions, the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. \u00a7 4321 et seq.) applies. For example, when federal funding is provided for disaster-related activities, applicants for those funds may be required to assess the environmental impacts of their proposed action. As commonly implemented, NEPA\u2019s environmental review requirements are used as a vehicle to identify any other environmental requirements that may apply to a project as well. This use of NEPA as an \u201cumbrella\u201d statute can lead to confusion. For example, before an applicant can commit or expend funds under the Department of Housing and Urban Development\u2019s (HUD\u2019s) Community Development Block Grant (CDBG) program, the applicant must complete an environmental review of the project. A required element of that review is the applicant\u2019s certification that compliance criteria applicable to historic preservation, floodplain management, endangered species, air quality, and farmland protection have been considered. This review is required not only to meet NEPA obligations, but also to ensure that the project being funded does not violate applicable environmental law. From the applicant\u2019s perspective, this may blur the distinction between what is required under NEPA and what is required under separate compliance requirements identified within the context of the NEPA process.\nFor many federal actions undertaken in response to emergencies or major disasters, NEPA\u2019s environmental review requirements are exempted under provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act). (The Stafford Act does not, however, exempt such projects from other applicable environmental requirements.) In the past, some members of Congress have been interested in the NEPA process as it applies to disaster-related projects. This interest has been driven, in part, by federal grant applicants who have been confused about both their role in the NEPA process and what the law requires.\nTo address issues associated with the NEPA process, this report discusses NEPA as it applies to projects for which federal funding to recover from or prepare for a disaster has been requested by local, tribal, or state grant applicants. Specifically, the report provides an overview of the NEPA process as it applies to such projects, identifies the types of projects (categorized by federal funding source) likely to require environmental review, and delineates the types of projects for which no or minimal environmental review is required (i.e., those for which statutory or regulatory exemptions apply) and those likely to require more in-depth review.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34650", "sha1": "3978867b8825b9b192e8ce58c4205cf7b418f608", "filename": "files/20110113_RL34650_3978867b8825b9b192e8ce58c4205cf7b418f608.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34650", "sha1": "ecd04dff58ecc8d27418c87ca413845acdd9d4fe", "filename": "files/20110113_RL34650_ecd04dff58ecc8d27418c87ca413845acdd9d4fe.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2432, "name": "Disaster Recovery, Mitigation, and Funding" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc505496/", "id": "RL34650_2010Feb03", "date": "2010-02-03", "retrieved": "2015-05-29T05:37:21", "title": "Implementing the National Environmental Policy Act (NEPA) for Disaster Response, Recovery, and Mitigation Projects", "summary": "This report discusses the National Environmental Policy Act of 1969 as it applies to projects for which federal funding to recover from or prepare for a disaster has been requested by local, tribal, or state grant applicants.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100203_RL34650_cffd010aed21f587896cb2800c1acb42c47b2dc2.pdf" }, { "format": "HTML", "filename": "files/20100203_RL34650_cffd010aed21f587896cb2800c1acb42c47b2dc2.html" } ], "topics": [ { "source": "LIV", "id": "Disasters", "name": "Disasters" }, { "source": "LIV", "id": "Emergency management", "name": "Emergency management" }, { "source": "LIV", "id": "Environmental protection", "name": "Environmental protection" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc463437/", "id": "RL34650_2008Sep08", "date": "2008-09-08", "retrieved": "2014-12-05T09:57:41", "title": "Implementing the National Environmental Policy Act (NEPA) for Disaster Response, Recovery, and Mitigation Projects", "summary": "This report discusses the National Environmental Policy Act of 1969 (NEPA) as it applies to projects for which federal funding to recover from or prepare for a disaster has been requested by local, tribal, or state grant applicants. Specifically, the report provides an overview of the NEPA process as it applies to such projects, identifies the types of projects (categorized by federal funding source) likely to require environmental review, and delineates the types of projects for which no or minimal environmental review is required (i.e., those for which statutory or regulatory exemptions apply) and those likely to require more in-depth review.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080908_RL34650_dbd2218972f7e1abdd54a97f449026ed5bce4fb0.pdf" }, { "format": "HTML", "filename": "files/20080908_RL34650_dbd2218972f7e1abdd54a97f449026ed5bce4fb0.html" } ], "topics": [ { "source": "LIV", "id": "Environmental policy", "name": "Environmental policy" }, { "source": "LIV", "id": "Emergency management", "name": "Emergency management" }, { "source": "LIV", "id": "Disaster relief", "name": "Disaster relief" }, { "source": "LIV", "id": "Environmental law and legislation", "name": "Environmental law and legislation" } ] } ], "topics": [ "Environmental Policy" ] }