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Article 48 Environmental Planning and Historic Preservation (EHP) Review <br />DHS/FEMA funded activities that could have an impact on the environment are <br />subject to the FEMA EHP review process. This review does not address all federal, <br />state, and local requirements. Acceptance of federal funding requires the recipient <br />to comply with all federal, state, and local laws. DHS/FEMA is required to consider <br />the potential impacts to natural and cultural resources of all projects funded by <br />DHS/FEMA grant funds, through its EHP review process, as mandated by: the <br />National Environmental Policy Act; Endangered Species Act; National Historic <br />Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National <br />Flood Insurance Program regulations; and any other applicable laws, regulations <br />and executive orders. General guidance for FEMA's EHP process is available on <br />the DHS/FEMA Website. Specific applicant guidance on how to submit information <br />for EHP review depends on the individual grant program. Applicants should contact <br />their grant Program Officer to be put into contact with EHP staff responsible for <br />assisting their specific grant program. The FEMA EHP review process must be <br />completed before funds are released to carry out the proposed project, otherwise, <br />DHS/FEMA may not be able to fund the project due to noncompliance with EHP <br />laws, executive orders, regulations, and policies. DHS/FEMA may also need to <br />perform a project Goseout review to ensure the applicant complied with all required <br />EHP conditions identified in the initial review. If ground disturbing activities occur <br />during construction, the applicant will monitor the ground disturbance, and if any <br />potential archaeological resources are discovered, the applicant will immediately <br />cease work in that area and notify the pass -through entity, if applicable, and <br />DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of <br />Wetlands, require that all federal actions in or affecting the floodplain or wetlands be <br />reviewed for opportunities to relocate, and be evaluated for social, economic, <br />historical, environmental, legal, and safety considerations. FEMA's regulations at <br />44 C.F.R. Part 9 implement the EOs and require an eight -step review process if a <br />proposed action is in a floodplain or wetland or has the potential to affect or be <br />affected by a floodplain or wetland. The regulation also requires that the federal <br />agency provide public notice of the proposed action at the earliest possible time to <br />provide the opportunity for public involvement in the decision -making process (44 <br />C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is <br />required to undertake a detailed review to determine what measures can be taken <br />to minimize future damages to the floodplain or wetland. <br />Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations <br />The DHS Standard Terms and Conditions are a restatement of general <br />requirements imposed upon recipients and flow down to sub -recipients as a matter <br />of law, regulation, or executive order. If the requirement does not apply to Tribal <br />Nations, or there is a federal law or regulation exempting its application to Tribal <br />Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard <br />Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. <br />The execution of grant documents is not intended to change, alter, amend, or <br />impose additional liability or responsibility upon the Tribal Nations where it does not <br />already exist. <br />Article 50 Acceptance of Post Award Changes <br />In the event FEMA determines that an error in the award package has been made, <br />or if an administrative change must be made to the award package, recipients will <br />be notified of the change in writing. Once the notification has been made, any <br />subsequent requests for funds will indicate recipient acceptance of the changes to <br />the award. Please email FEMA Grant Management Operations at ASK- <br />GMD@fema.dhs.gov for any questions. <br />DHS-FEMA-EMPG-FY25 <br />Page 39 of 50 City of Everett, E26-223 <br />