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Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA <br />funded activities that could have an impact on the environment are subject to the FEMA <br />EHP review process. This review does not address all federal, state, and local <br />requirements. Acceptance of federal funding requires the recipient to comply with all <br />federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to <br />natural and cultural resources of all projects funded by DHS/FEMA grant funds, through <br />its EHP review process, as mandated by: the National Environmental Policy Act; <br />Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean <br />Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other <br />applicable laws, regulations and executive orders. General guidance for FEMA's EHP <br />process is available on the DHS/FEMA Website. Specific applicant guidance on how to <br />submit information for EHP review depends on the individual grant program. Applicants <br />should contact their grant Program Officer to be put into contact with EHP staff <br />responsible for assisting their specific grant program. The FEMA EHP review process <br />must be completed before funds are released to carry out the proposed project, <br />otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with <br />EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to <br />perform a project closeout review to ensure the applicant complied with all required EHP <br />conditions identified in the initial review, if ground disturbing activities occur during <br />construction, the applicant will monitor the ground disturbance, and If any potential <br />archaeological resources are discovered, the applicant will immediately cease work in <br />that area and notify the pass -through entity, if applicable, and DHS/FEMA. EO 11988, <br />Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal <br />actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, <br />and be evaluated for social, economic, historical, environmental, legal, and safety <br />considerations. FEMA's regulations at 44 C.F.R. Part 9 implement the EOs and require <br />an eight -step review process if a proposed action is in a floodplain or wetland or has the <br />potential to affect or be affected by a floodplain or wetland. The regulation also requires <br />that the federal agency provide public notice of the proposed action at the earliest <br />possible time to provide the opportunity for public involvement In the decision -making <br />process (44 C.F.R. § 9.8). Where there Is no opportunity to relocate the federal action, <br />FEMA is required to undertake a detailed review to determine what measures can be <br />taken to minimize future damages to the floodplain or wetland. <br />Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The OHS <br />Standard Terms and Conditions are a restatement of general requirements imposed <br />upon recipients and flow down to sub -recipients as a matter of law, regulation, or <br />executive order. If the requirement does not apply to Tribal Nations, or there is a federal <br />law or regulation exempting its application to Tribal Nations, then the acceptance by <br />Tribal Nations, or acquiescence to OHS Standard Terms and Conditions does not <br />change or alter its inapplicability to a Tribal Nation. The execution of grant documents is <br />not intended to change, alter, amend, or impose additional liability or responsibility upon <br />the Tribal Nations where it does not already exist. <br />Article 50 Acceptance of Post Award Changes In the event FEMA determines that an error in <br />the award package has been made, or if an administrative change must be made to the <br />award package, recipients will be notified of the change in writing. Once the notification <br />has been made, any subsequent requests for funds will indicate recipient acceptance of <br />the changes to the award. Please email FEMA Grant Management Operations at: ASK- <br />GMD@fema.dhs.gov for any questions. <br />DHS-FEMA-HSGP-SHSP-FY25 Page 39 of 55 Kittitas County, E26-350 <br />