Section 406(e) of the Stafford Act authorizes FEMA to fund repair; restoration; reconstruction or replacement of an eligible facility to its predisaster design and in conformity with applicable codes and standards. 44 C.F.R. 206.226(d) provides that for the costs of Federal; State; and local repair or replacement standards which change the pre-disaster construction of a facility to be eligible; the standards must: (1) apply to the type of repair or restoration required (standards may be different for new construction and repair work); (2) be appropriate to the pre-disaster use of the facility; (3) be found reasonable; in writing; and formally adopted and implemented by the State or local government on or before the disaster declaration date; or be a legal Federal requirement applicable to the type of restoration; (4) apply uniformly to all similar types of facilities within the jurisdiction of the owner of the facility; and; (5) for any standard in effect at the time of a disaster; it must have been enforced during the time it was in effect. All five prongs must be met in order to be eligible for Public Assistance (PA) funding. The stormwater management ordinance applies to both new development and existing developed land; therefore the zoning and land development regulation standards meet FEMA allowable upgrades under its codes and standards requirementsThe National Environmental Policy Act (NEPA) requires all federal agencies to consider the environmental impact of a proposed action as well as whether any alternatives exist; prior to obligating funds and beginning work. When providing funds under the PA Program; FEMA must consider a range of Federal laws; regulations; and EOs that apply to the use of Federal funds. These laws; regulations; and EOs generally require the funding agency to ensure compliance prior to funding. The size and type of project; and project site and area conditions; generally determine the level of review that must be performed. Reviews for compliance with these laws must be completed before FEMA approves funding and before work is started since the review may identify steps to be taken or conditions to be met before the project can be implemented. Changes in the scope of work may result in additional environmental/ historic preservation compliance reviews and/or new permits. A project SOW may impact EHP resources; EHP staff must review the SOW to determine if modifications could reduce potential impacts. Proceeding with permanent work before FEMA completes EHP reviews jeopardizes PA funding.

National Environmental Policy ActPA Guide; at 127-128; 139-140.Town of Killington; FEMA-4022-DR-VT.HeadnotesSection 406(e) of the Stafford Act authorizes FEMA to fund repair; restoration; reconstruction or replacement of an eligible facility to its predisaster design and in conformity with applicable codes and standards. 44 C.F.R. § 206.226(d) provides that for the costs of Federal; State; and local repair or replacement standards which change the pre-disaster construction of a facility to be eligible; the standards must: (1) apply to the type of repair or restoration required (standards may be different for new construction and repair work); (2) be appropriate to the pre-disaster use of the facility; (3) be found reasonable; in writing; and formally adopted and implemented by the State or local government on or before the disaster declaration date; or be a legal Federal requirement applicable to the type of restoration; (4) apply uniformly to all similar types of facilities within the jurisdiction of the owner of the facility; and; (5) for any standard in effect at the time of a disaster; it must have been enforced during the time it was in effect. All five prongs must be met in order to be eligible for Public Assistance (PA) funding. The stormwater management ordinance applies to both new development and existing developed land; therefore the zoning and land development regulation standards meet FEMA’s allowable upgrades under its codes and standards requirementsThe National Environmental Policy Act (NEPA) requires all federal agencies to consider the environmental impact of a proposed action as well as whether any alternatives exist; prior to obligating funds and beginning work. When providing funds under the PA Program; FEMA must consider a range of Federal laws; regulations; and EOs that apply to the use of Federal funds. These laws; regulations; and EOs generally require the funding agency to ensure compliance prior to funding. The size and type of project; and project site and area conditions; generally determine the level of review that must be performed. Reviews for compliance with these laws must be completed before FEMA approves funding and before work is started since the review may identify steps to be taken or conditions to be met before the project can be implemented. Changes in the scope of work may result in additional environmental/ historic preservation compliance reviews and/or new permits. A project’s SOW may impact EHP resources; EHP staff must review the SOW to determine if modifications could reduce potential impacts. Proceeding with permanent work before FEMA completes EHP reviews jeopardizes PA funding.