44 C.F.R. Subpart A—General
Title 44 - Emergency Management and Assistance
(a) This part implements the Council on Environmental Quality (CEQ) regulations (National Environmental Policy Act Regulations, 43 FR 55978 (1978)) and provides policy and procedures to enable Federal Emergency Management Agency (FEMA) officials to be informed of and take into account environmental considerations when authorizing or approving major FEMA actions that significantly affect the environment in the United States. The Council on Environmental Quality Regulations implement the procedural provisions, section 102(2), of the National Environmental Policy Act of 1969, as amended (hereinafter NEPA) (Pub. L. 91–190, 42 U.S.C. 4321 et seq.), and Executive Order 11991, 42 FR 26967 (1977). (b) Section 1507.3, Council on Environmental Quality Regulations (National Environmental Policy Act Regulations, 43 FR 55978 (1978)) directs that Federal agencies shall adopt procedures to supplement the CEQ regulations. This regulation provides detailed FEMA implementing procedures to supplement the CEQ regulations. (c) The provisions of this part must be read together with those of the CEQ regulations and NEPA as a whole when applying the NEPA process. The provisions of this part apply to the Federal Emergency Management Agency, (hereinafter referred to as FEMA) including any office or administration of FEMA, and the FEMA regional offices. (a) Regional Director means the Regional Director of the Federal Emergency Management Agency for the region in which FEMA is acting. (b) The other terms used in this part are defined in the CEQ regulations (40 CFR part 1508). (c) Environmental Officer means the Chief, Public Assistance Division, Office of Disaster Assistance Programs, State and Local Programs and Support Directorate. [45 FR 41142, June 18, 1980, as amended at 47 FR 13149, Mar. 29, 1982; 50 FR 40006, Oct. 1, 1985] (a) FEMA shall act with care to assure that, in carrying out its responsibilities, including disaster planning, response and recovery and hazard mitigation and flood insurance, it does so in a manner consistent with national environmental policies. Care shall be taken to assure, consistent with other considerations of national policy, that all practical means and measures are used to protect, restore, and enhance the quality of the environment, to avoid or minimize adverse environmental consequences, and to attain the objectives of: (1) Achieving use of the environment without degradation, or undesirable and unintended consequences; (2) Preserving historic, cultural and natural aspects of national heritage and maintaining, wherever possible, an environment that supports diversity and variety of individual choice; (3) Achieving a balance between resource use and development within the sustained carrying capacity of the ecosystem involved; and (4) Enhancing the quality of renewable resources and working toward the maximum attainable recycling of depletable resources. (b) FEMA shall: (1) Assess environmental consequences of FEMA actions in accordance with §§10.9 and 10.10 of this part and parts 1500 through 1508 of the CEQ regulations; (2) Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences, and environmental considerations, in planning and decisionmaking where there is a potential for significant environmental impact; (3) Ensure that presently unmeasured environmental amenities are considered in the decisionmaking process; (4) Consider reasonable alternatives to recommended courses of action in any proposal that involves conflicts concerning alternative uses of resources; and (5) Make available to States, counties, municipalities, institutions and individuals advice and information useful in restoring, maintaining, and enhancing the quality of the environment.
Title 44: Emergency Management and Assistance
PART 10—ENVIRONMENTAL CONSIDERATIONS
Subpart A—General
§ 10.1 Background and purpose.
§ 10.2 Applicability and scope.
§ 10.3 Definitions.
§ 10.4 Policy.
