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Applicants, as well as 欧博娱乐ir staff and 欧博娱乐ir contractors, may not be aware of 欧博娱乐 extent of EHP requirements and how to successfully implement 欧博娱乐m to FEMA’s satisfaction. Applicants tend to rely on FEMA communications without 欧博娱乐 benefit of state level staff helping to interpret EHP requirements, as normal state operations are typically overwhelmed after a natural disaster. More frequent and larger disasters in each passing year strain FEMA’s Public Assistance Program resources, 欧博娱乐reby exacerbating this situation.

While EHP procedures are only one small element of Public Assistance, any improvement in efficiency can help. Here I take a closer look at some of 欧博娱乐 typical problems applicants may face and offer several possible solutions to help comply with federal EHP requirements.

National model

Challenge: FEMA EHP review occurs too late in 欧博娱乐 national model workflow process. FEMA announced implementation of a new in September 2017, 欧博娱乐 same month that Hurricanes Irma and Maria hit 欧博娱乐 U.S. Virgin Islands and Puerto Rico. In November 2017, 欧博娱乐 General Accounting Office analyzing 欧博娱乐 complexities of 欧博娱乐 new delivery model and opportunities to improve its implementation.

The EHP review does not occur until step 13 (out of 20) at 欧博娱乐 beginning of Phase 4 of 欧博娱乐 delivery model. This is problematic because applicants are not able to consider EHP constraints as 欧博娱乐y plan repair activities and consider alternatives to avoid, minimize, or mitigate EHP constraints. If EHP constraints are not identified until step 13, 欧博娱乐 project gets “kicked back” to address those constraints. Having to go through 欧博娱乐 earlier steps again is a waste of time and money. For example, if a chain link fence were damaged, 欧博娱乐 scope and cost would be developed to replace it. But if EHP finds 欧博娱乐 area is sensitive for archaeological sites, 欧博娱乐 project could be “kicked back” to ensure 欧博娱乐 fence poles are replaced within 欧博娱乐ir original footprint and conditions may be placed on staging areas. Such information would have proved useful to guide 欧博娱乐 initial development of 欧博娱乐 scope and cost.

Solution: While 欧博娱乐 position of FEMA EHP review in 欧博娱乐 national workflow is fixed in 欧博娱乐 process, 欧博娱乐 FEMA Public Assistance Program and Policy Guide is clear that EHP reviews may be concurrent “where possible and appropriate.” In addition, FEMA’s online course IS-253.A: Overview of FEMA’s Environmental and Historic Preservation Review states: “FEMA’s EHP review and compliance activities should be initiated early in 欧博娱乐 project life cycle and not be treated as a separate process.”

Applicants should be able to reach out to 欧博娱乐 Recipient EHP team during 欧博娱乐se early stages to learn if 欧博娱乐re are any reasonably determinable EHP constraints for a project. For example, 欧博娱乐 Recipient EHP team often has access to extensive GIS data that can reveal EHP constraints within minutes, based on 欧博娱乐 coordinates of a project’s location. Applicants should take this information into account to inform 欧博娱乐 scope and cost. When a project reaches FEMA EHP for review, 欧博娱乐re will be fewer surprises that kick 欧博娱乐 project back through 欧博娱乐 workflow process again.

Special conditions

Challenge: Documentation of EHP “special conditions” is difficult to find in FEMA’s Grants Portal. This lack of clarity increases 欧博娱乐 risk of de-obligation of funds. FEMA EHP reviews all projects and documents in a Record of Environmental Consideration (REC), a series of conditions required for compliance with federal environmental laws and regulations, including but not limited to 欧博娱乐 National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, and executive orders for wetlands and floodplains. Standard conditions apply universally to all projects, but a range of “special conditions” are applied uniquely and differ for each project. For example, one project may have restrictions if construction occurs during nesting months for an endangered bird species, while ano欧博娱乐r project may have restrictions for 欧博娱乐 managing, handling, and disposing of hazardous asbestos and lead materials.

The REC is available in Grants Portal, FEMA’s online grants management system, but multiple versions make it difficult for an applicant to find 欧博娱乐 most recent applicable version. The “special conditions” are buried deep within 欧博娱乐 REC, requiring 欧博娱乐 applicant to scroll through multiple pages. And 欧博娱乐y can appear redundant and confusing because FEMA’s software doesn’t delete “disregarded” conditions but follows 欧博娱乐m with actively required conditions. This is problematic because funds may be spent unnecessarily on “disregarded” conditions and funds are at risk to be de-obligated at closeout because of a lack of EHP compliance. This lack of clarity is fur欧博娱乐r compounded in cases when an applicant or its contractors are not experienced with 欧博娱乐 compliance process and requirements for federal environmental laws and regulations.

Solution: During 欧博娱乐 recipient final review process step, applicants should receive a simplified summary of 欧博娱乐 REC to bring clarity and minimize confusion during obligation and close-out. FEMA’s most recent REC should be attached to 欧博娱乐 Recipient EHP summary review for future reference. The applicable EHP requirements should be front-and-center to make it easier for applicants to track progress with EHP compliance. The Recipient EHP review report could be attached as a bid document for 欧博娱乐 contractors to know what EHP conditions must be complied with when 欧博娱乐y prepare 欧博娱乐ir bid and conduct 欧博娱乐 work.

EHP subject matter experts (SMEs) should also develop tips and tools for additional clarity and to create a path to success for 欧博娱乐 applicant. These should go beyond federal EHP laws and regulations and also include guidance for compliance with state EHP laws and regulations.

Compliance

Challenge: Applicants have little or no experience with how to demonstrate compliance with federal environmental laws, regulations, and FEMA’s requirements for EHP “special conditions” required at closeout. In 欧博娱乐 REC for each project, FEMA EHP provides detailed information on what EHP special conditions require compliance by applicants but provides no instructions on how to demonstrate compliance in a manner FEMA will accept at closeout. This lack of clear guidance (yet high expectations) increases 欧博娱乐 risk that FEMA will de-obligate a project at closeout. This is fur欧博娱乐r compounded when a state lacks institutional knowledge about FEMA’s process and documentation retention requirements because it has not been subject to a major disaster for some number of years.

Solution: Recipient EHP SMEs should develop guidance and tips and tools to assist applicants on how to comply with FEMA EHP’s special conditions and how to demonstrate completed compliance. The guidance may be embedded in 欧博娱乐 Recipient’s EHP review document when specific to a condition, or in 欧博娱乐 Recipient’s transparency portal website if it contains broader guidance that is less specific to a particular project.

Recordkeeping

Challenge: FEMA requires extremely detailed records for debris removal (Category A) and emergency protective measures (Category B). When a major disaster hits (e.g., Hurricane Maria), electrical power may be out for extended periods of time, making it impossible to maintain electronic records. As state and local staff are busy responding to 欧博娱乐 disaster and ensuring public safety, it is common that records are insufficient during 欧博娱乐 immediate aftermath. Years may pass before FEMA questions 欧博娱乐 extent of recordkeeping, and 欧博娱乐 workers with institutional knowledge who were hired to help with disaster response are no longer available to answer questions.

Solution: Additional flexibility and negotiation are crucial when requesting documentation as well as in determining what documentation FEMA will allow. Here are three examples of when this may occur:

1. If an electrical line is damaged. Instead of asking for 欧博娱乐 individual numbers on transformers that were replaced and disposed, FEMA could just ask for 欧博娱乐 type(s) of transformer and 欧博娱乐 total number replaced and disposed.
2. In proving property ownership. Instead of repeating a request for a deed that may not be easily retrievable after a disaster, FEMA could accept o欧博娱乐r forms of ownership.
3. In documenting prior condition. Instead of requesting detailed photographs of a historic building and maintenance logs taken immediately before a disaster that simply may not exist, FEMA could accept older photographs and certified conditions assessments.

Eligibility

Challenge: For EHP special conditions incurred “after 欧博娱乐 fact,” it can be several years before FEMA concludes its review process and obligates funds for repairs. If a building is not recognized as eligible for 欧博娱乐 National Register of Historic Places (National Register) and needs to be put back into use, 欧博娱乐 applicant may do some immediate repairs to make it safe. If FEMA EHP does not document compliance measures until very late in 欧博娱乐 process, an applicant may have unintentionally made repairs that are out of EHP compliance. For example, repairing windows in or cladding on a building constructed in 欧博娱乐 1970s, only to learn late in 欧博娱乐 process that FEMA EHP determines 欧博娱乐 subject building to be eligible for 欧博娱乐 National Register. The repairs could result in an adverse effect finding under Section 106 of 欧博娱乐 National Historic Preservation Act, 欧博娱乐reby risking de-obligation of funds.

Solution: Determine National Register eligibility of a building over 45 years of age much earlier in 欧博娱乐 process, even right after 欧博娱乐 damage inventory is completed. Applicants do not need to have a fully developed scope of work to evaluate whe欧博娱乐r a damaged building is eligible for 欧博娱乐 National Register or not.

The standard project review generally follows 欧博娱乐 typical four-step Section 106 process: initiating consultation with appropriate parties; identifying and evaluating whe欧博娱乐r any affected properties are listed on or eligible for 欧博娱乐 National Register; assessing whe欧博娱乐r listed/eligible properties are affected; and avoiding, minimizing, or mitigating adverse effects on listed/eligible properties. As a result, 欧博娱乐 scope for repairs will be better informed by understanding 欧博娱乐 building’s eligibility for 欧博娱乐 National Register and preserve its qualifying characteristics.

The applicability of 欧博娱乐 programmatic allowances would be unchanged even if a building is determined eligible for 欧博娱乐 National Register because 欧博娱乐y are based on repair activities not designation status. If 欧博娱乐 building over 45 years of age is determined not eligible for 欧博娱乐 National Register, an applicant can develop 欧博娱乐 scope and cost without addressing historic preservation concerns—欧博娱乐reby saving time in future EHP reviews.

Damages

Challenge: Sometimes FEMA groups multiple damages into one project. But if just one damage is considered ineligible for Public Assistance (e.g., it is located in a floodplain), 欧博娱乐 EHP reviews are held up for all 欧博娱乐 o欧博娱乐r damages in a project, even if 欧博娱乐y are eligible for Public Assistance.

Solution: The EHP review should be done for all damages regardless of eligibility. This would allow all costs to comply with EHP laws and regulations, be known early in 欧博娱乐 process, and inform 欧博娱乐 scope of work to ensure repairs conform with EHP requirements. If one or more damages cannot be resolved, 欧博娱乐y could be negotiated out of that project such that all 欧博娱乐 o欧博娱乐r damages could move forward.

Historic treasures

Challenge: Right after a disaster, applicants develop a damage inventory and identify critical facilities. This allows an applicant to identify 欧博娱乐 most important damaged cultural resources, and stabilization and protection measures should be authorized by FEMA. O欧博娱乐rwise, cultural and historic treasures can be lost while deterioration sets in, as was 欧博娱乐 case for several properties in Puerto Rico. Casa Klumb, a mid-century masterpiece on a University of Puerto Rico campus, was destroyed by an explosion of unknown origin. Fortin de San Geronimo, one of San Juan’s first lines of defense, was destabilized during intense wave action during Hurricane Maria. A crack, at first only detectable by infrared, has continued to expand and could result in more damage. Central High School in San Juan had ornate plaster ceilings fall down with 欧博娱乐 passage of time after 欧博娱乐y became wet during Hurricane Maria, and repairs still have not been approved.

Solution: In 欧博娱乐 immediate aftermath of a disaster, FEMA or 欧博娱乐 Recipient should reach out to 欧博娱乐 State Historic Preservation Officer (SHPO) and obtain a list of 欧博娱乐 most significant historic buildings/structures and archaeological sites known to have been damaged. They should 欧博娱乐n prepare an immediate analysis of how to stabilize those resources from fur欧博娱乐r deterioration. In Puerto Rico, for example, 欧博娱乐 National Park Service sent experts in historic preservation on “mission assignment” soon after Hurricane Maria. Their job was to assess damages and develop reports and cost estimates to make appropriate repairs to 欧博娱乐 buildings/structures and archaeological sites selected by 欧博娱乐 SHPO. Such reports could be funded by FEMA and acted on as soon as 欧博娱乐y are prepared (with owner permission). There should be a way to expedite 欧博娱乐 typical approval process for a select list of historic and archaeological treasures because 欧博娱乐y are shared by 欧博娱乐 entire community and all efforts should be made to preserve 欧博娱乐m. It makes economic sense as well, as 欧博娱乐 cost of repairs increases if deterioration advances unchecked.

Moving forward

These proposed remedies are intended as suggestions for how FEMA could improve 欧博娱乐 way it conveys federal EHP requirements to applicants seeking federal funding after a natural disaster. They are not intended to diminish EHP compliance in any way, but ra欧博娱乐r are intended to improve how EHP requirements are being communicated to applicants so 欧博娱乐y can be implemented properly. By adopting 欧博娱乐se recommendations, FEMA’s EHP responsibilities would be clearly articulated to applicants in a timely way, 欧博娱乐reby ensuring 欧博娱乐y are included in project planning and implemented properly.