The entities or organizations receiving the initial Agency financial assistance are considered “primary recipients.” As the direct recipient of this financial assistance, “primary recipients” provide the financial assistance to other parties, referred to as “secondary recipients” or “ultimate recipients.” The multi-tier action programs include Housing Preservation Grants ( 42 U.S.C. Financial assistance provided by specific programs administered by the Agency, that provides financial assistance to eligible recipients, including but not limited to: Intermediaries community-based organizations, such as housing or community development non-profit organizations rural electric cooperatives or other organizations with similar financial arrangements who, in turn, provide financial assistance to eligible recipients. The Agency shall not fund the proposal unless there is a demonstrated, significant need for the proposal and no practicable alternative exists to the proposed conversion of the above resources. Avoiding development in floodplains includes avoiding development in the 500-year floodplain, as shown on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps, where the proposed actions and facilities are defined as critical actions in § 1970.6. (a ) Applicants' proposals must, whenever practicable, avoid or minimize adverse environmental impacts avoid or minimize conversion of wetlands or important farmlands (as defined in the Farmland Protection Policy Act and its implementing regulations issued by the USDA Natural Resources Conservation Service) when practicable alternatives exist to meet development needs avoid unwarranted alterations or encroachment on floodplains when practicable alternatives exist to meet developmental needs and avoid or minimize potentially disproportionate and adverse impacts to minority or low-income populations within the proposed action's area of impact. Limitations on actions during the NEPA process.ĬEs involving no or minimal disturbance without an environmental report.ĬEs involving small-scale development with an environmental report.
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Timing of the environmental review process. Website on E.O.Raising the level of environmental review.The USACE Regulatory Program will continue to review applications by applying the area subject to the “base flood” as the relevant “floodplain” as defined in E.O. 11988 and establishes three methods for determining the floodplain of concern.
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13690 to USACE Regulatory Program PermitsĪctivities requiring DA authorization under Section 404 or Section 10 are not subject to Section 2(i) of E.O. In accordance with 33 CFR 320.4(j)(2), the primary responsibility for determining zoning and land use matters rests with Tribal, state, and local governments.Īpplicability of E.O. that also has the potential to alter a floodplain. 11988 as part of its public interest review when an application is received requesting authorization to impact waters of the U.S. Specifically, USACE must consider the requirements of E.O. 11988 when determining whether or not to issue a DA permit under these authorities. The USACE Regulatory Program regulations (33 CFR 320.4) require USACE to consider the requirements of E.O.
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Under Section 10 of the Rivers and Harbors Act, a DA permit is required for work on structures in, over, or under navigable waters of the U.S., or that affects the course, location or condition of such waters. Under Section 404 of the Clean Water Act, a Department of Army (DA) permit is required for the discharge of dredged or fill material into waters of the U.S., including wetlands. 11988 to USACE Regulatory Program Permits Once implemented by Federal agencies, the Federal Flood Risk Management Standard (FFRMS) is intended to reduce the risk and cost of future flood disasters by ensuring that Federal investments in and affecting floodplains are constructed to better withstand the impacts of flooding.
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11988, Floodplain Management, issued in 1977. In January 30, 2015, the president signed Executive Order (E.O.) 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, which amended E.O.