The Role of the Federal Government
Describe what it means for National Environmental Policy Act (NEPA) to be a procedural statute, not a regulator statute.
-Agencies are not required to elevate environmental concerns over others -NEPA does not mandate particular results, but simply prescribe a process.
What are the incentives to participate in Coastal Zone Management Act?
1) Funding to assist states in implementing coastal zone management program 2) Consistency doctrine
When was FEMA reformed?
During the Clinton Administration
What is the Coastal Barrier Resource Act?
Enacted in 1982 Program established to remove Federal incentive to develop in coastal areas. Designates relatively undeveloped coastal barriers along the Atlantic and Gulf coasts as part of the Coastal Barrier Resources System (CBRS), and makes these areas ineligible for most new Federal expenditures and financial assistance. Prohibits the spending of federal money for growth inducing infrastructures within the CBRS New developments are ineligible for federal flood insurance in these areas.
What is Coastal Zone Management Act
Encourages states to preserve, protect, restore or enhance valuable natural coastal resources Encourages States to develop and implement coastal nonpoint pollution control programs Participation by states is voluntary.
What is the National Hurricane Program?
Established in 1985 -Helps protect communities and residents from hurricane hazards through various projects and activities. -Provides tools and technical assistance for developing hurricane evacuation plans. -Funds hazard identifications research as well as post-storm analysis to evaluate the effectiveness of mitigation measures and response activities.
How can states receive additional funding?
If states have approved mitigation plan in effect at time of declaration
What FEMA deficiencies did the disaster between 1989-93 highlight?
1)FEMA was percieved slow to respond 2)FEMA seemed incampable of carrying out the essential government function of disaster assistance 3) Inconsistent method of defining disasters caused much spending
How are premiums discounted?
A community is assigned a class depending on the activities it conducts. There are 18 creditable activities, organized under four categories:
How was most aid funded from 1800-1950?
By charities and local and state monies
Projects funded by Hazard Mitigation Grant Program (HMGP) must be?
Cost Effective Environmentally sound Conform to environmental regulation Reduce Risk of Future Damage
What do Funds from Hazard Mitigation Grand Program depend on?
Funds depend on Size of Disaster
What Disaster Assistance programs are under the Stafford act?
Individual and family Grants Public Assistance Program Hazard Mitigation grant program
From 1800-1950, how much federal involvement with regards to emergency response?
Minor Federal Involvement with regards to emergency response -No national policy for responding to natural or man-made disasters -No effort to push for risk reduction
How was mitigation done from 1800-1950?
Mitigation was done by property owner
HOw can Clean Water Act help mitigate impacts of hazards in communities through Section 404
Section 404 restricts the discharge of dredge and fill materials in the nation's wetland
In 1980's, what other agencies provided federal aid?
Small Business Administration -issues low interest loans to help businesses reestablish Department of Housing and Urban Development -block grants for re-development Farm Services Agency -Loans, grants, and technical assistance to farmers
What is the Moral Hazard Paradox
The increasing amount of disaster funds and the ease which many communities become eligible to receive assistance have lessen the incentives to take responsibility for hazard avoidance. Many in public view payment and subsidies and their entitlement or right.
What is the Hazard Mitigation Grant Program ?
provides funds for mitigation projects
Under NEPA, an environmental impact statement must be prepared for?
"every recommendation or report or proposal for legislation and other major federal actions significantly affecting the quality of the human environment."
What was the flood control act (1934)
**is an Act of Congress in the United States which granted authority to the U.S. Army Corps of Engineers for the designing and building of flood control projects. -Army Corp of Engineers -Set tone that man could control nature and eliminate risk
WHat was FEMA like in the 1990s?
-Emphasized Mitigation -Build Stronger coordination relationships between federal, state, and local government
What was the Project Impact of 1997?
-Encouraged involvement of all sectors of community in emergency management and mitigation activities -Purpose was to build Disaster resistance communities -Much criticism about it being too political. Funding cut and replace by Disaster mitigation Act of 2000.
WHat did the HAzard Mitigation Act of 2000 do?
-Amends Stafford act -Intended to facilitate cooperation between state and local authorities -Requires local governments to create and adopt a mitigation plan in order to receive certain disaster assistance funds including post-disaster project grants and assistance for rebuilding public infrastructure flowing a major disaster
What is Disaster Mitigation Act of 2000?
-Amends the Stafford act -Aimed at controlling federal disaster relief and mitigation program -Focus on pre-disaster mitigation -Requires state and local mitigation plans as a prerequisite for certain disaster assistance
What do the National Hurricane Program's Activities include?
-Assessing building performance after significant hurricanes and coastal storms -Developing designs for hazard resistant construction in new buildings -Developing designs and retrofitting techniques for existing buildings -Recommending improvements in state and local regulatory programs
NFIP is supposed to be self supporting, what happend?
-Expense covered through premiums collected on policies -Problem is Program does not collect enough premium income to build a reserve for long term future looses. -2004 FEMA borrowed $300 million form US treasury to help pay 1.8 billion on flood insurance
What is Threat of Terrorism Initiates Agency Reorganization?
-FEMA place under newly formed Department of Homeland Security. -Focus shifts to terrorisms and security threat. -State received grants to beef up security and anti-terrorism capabilities at cost of natural hazard mitigation.
What is the NAtional Earthquake Hazard Reduction Program?
-Goal is to reduce the impact of earthquakes and subsequent loss of lives, property damages and economic loss. -Provides financial and technical assistance to implement earthquake hazard mitigation measures. -Has fostered development of seismic design and construction standards and techniques, as well as education and information dissemination or risk reduction activities.
What was the Flood Insurance Reform Act of 2004?
-Initiated to reduce NFIP loss from RLP. -Established pilot program requiring owner of RLP to elevate, relocate or demolish houses with NFIP bearing some of the cost
Section 404 of CWA permits are only issued if?
-Permit only issued if: -Find that there are no other practicable alternatives sites for proposed activity -Activity must be mitigated through restoration or through the creation of a new wetland elsewhere
What is the pre-disaster Mitigation program under Haz. Mit. Act of 2000?
-Provides technical and financial assistance to implement pre-disaster hazard mitigation measures. -Provides funding that is not dependent on disaster declaration
What was Robert T. Stafford Disaster relief and Emergency Assistance Act and when was it create?
-Purpose is to support state and local government when disaster overwhelms their capacity to respond -Provides federal disaster assistance to States through Various Programs Created in 1988
How to break the cycle of Negative Impact of Federal Assistance?
-Reducing disaster assistance -Deductible system: states and local government pay on their own up to a certain point before federal money is distributed -Vulnerability impact statement: Assessment that discloses how a proposed project may impact the vulnerability of the community where the action will take place.
How many Creditable activities are there fore premium discounts?
18 creditable activities
Midwest Floods
1993- -Tested the new FEMA -FEMA financed the largest buyout and relocation program
When did Fema Publishes first National Mitigation Strategy and what did it do?
1995 Declares that mitigation is the cornerstone of emergency management, with two primary goals. -Increasing public awareness of hazards -Reducing loss of life and injuries.
How did Hurricane Katrina effect Fema?
2005 -FEMA portrayed in unfavorable light once again. -Lack of coordination, failure o communicate and lack of pre-disaster planning and preparedness
Because of Community Rating System,Flood insurance premium rates are discounted to reflect the reduced flood risk resulting from community actions meeting what three goals?
3 Goals 1) Reduce flood damage to insurable property; 2) Strengthen and support the insurance aspects of the NFIP, and 3) Encourage a comprehensive approach to floodplain management
What is the Community Rating System (CRS)?
A voluntary incentive program that encourages communities to undertake floodplain mitigation activities above and beyond the minimum NFIP requirement
What actions require EIS? Environmental Impact Statement?
Actions that knowingly will have significant impact
What actions Require Environmental Assesment (EA)
Actions where significant impact is uncertain
What activities can states use funds for under Coastal Zone Management Act?
Activities states can use funds for: -shoreline management and -retreat(creating setback rules) -regulating shore-hardening structure ( prohibit or restricting seawalls) -managing post-hazard reconstruction (regulating the repair and construction of buildings damaged by coastal hazard) -Managing unbuildable lots (regulating construction or lots that should not be developed because of their proximity to the hazard) -Promulgating building codes and construction standards (regulating construction through rules, inspections, and enforcement) -Protecting coastal wetlands -Establishing policies to address sea level rise. -Implementing land acquisition programs ( purchasing private lost in hazardous areas) -Promoting local land use planning ( encouraging or requiring local government to include hazard mitigation in their land use plans) -Developing special areas management plans (creating plans that deal with coastal hazards in designated areas of the coastal zone.)
What are the IRS destruction benefits?
Additional tax subsides apply to investment property Mortgage interest and property taxes on second home may be treated as deductions form taxable income Damage to property cause by natural hazard may be treated as a casualty loss deduction Expenses incurred in operating a second home as a rental property may be treated as business expenses Accelerated depreciation allowances on rental property are permitted.
According to Hazard Mitigation Act of 2000, Plans must be?
Approved by FEMA Identify all hazards Analysis of hazards Mitigation goals
What are infrastructure programs?
Capital improvement programs to stimulate growth in hazard areas.
What Acts Indirectly Mitigate Hazards?
Clean Water Act Coastal Zone Management Act National Enironmental Policy Act
What is the National Flood Insurance Program and when was it created?
Created in 1968 NFIP- National Flood Insurance Program -Many Storms occurred -Lack of insurance prompted this act -Called local government to undertake community-based mitigation activities to lessen flood risks.
What is the Federal Disaster Relief Act and when was it created?
Created in 1970 -Established role of the federal government as the primary source of disaster funding -Over 100 agencies bore responsibility of Act -No focus on mitigation
What is the Federal Emergency Management Agency and when was it created?
Created in 1979 -Integrated responsibilities of other agencies -Lead agency for aspect of disaster management -Goal was more rebuilding than mitigation (until 1990s)
What is the Office of Emergency Preparedness and when was it created?
Deals with natural disasters Created in 1961
What is the IRS deduction for destruction?
Deduction for destruction Pursuant to disaster declaration, home owners and business may claim a casualty loss deduction for uninsured losses to real and personal property. Deductions serve to reward or at least subsides risky property decisions.
What is an Example of Infrastructure program?
Dept of transportation constructs highway, causeways, bridges that connect Barrier Island and other inaccessible areas with the mainland, greatly easing transportation to hazardous coastal areas. Justified as supporting existing communities, but also serves to encourage new development.
What are Flood Insurance Rate Maps?
FEMA develops Flood insurance Rate Maps for each participation community Helps community: -Determine floodplains -Development permits, ordinance provision and structural requirement -Determine insurance rates Flood insurance Rate Maps may be updated Map Modernization program used to update US floodplain map inventory.
What are the types of federal incentives to develop in hazard are?
Internal Revenue Code Federal Infrastructure Programs
What is Disaster Assistance Act of 1950?
Introduced American to concept of federal disaster assistance. Assistance was paltry U.S. focus was more on threat of foreign invasion b/c of Cold War
U.S. Army Corp of Engineers WHat is Section 404 of CWA?
Issues permits for dredge and fill activities in wetlands
Most points are awarded to what?
Most points are awarded to acquisitions and relocation projects to remove structures from floodplains.
What is Floodplain Management?
NFIP communities are required to adopt floodplain ordinances that meet criteria established by FEMA (permits, construction standards, drainage standards) Construction standards apply to new and reconstruction of homes that suffered substantial damage during a flooding event. Substantial damage means that cost of repair or reconstruction after an event is more than 50% of the structures value.
What does FONSI stand for? And when do they apply
NO Finding of Significant Impact -For actions that are categorically excluded or there is No finding of significant impact - No significant impact on Human Environment
What are the problems with Section 404?
Only applies to dredge and fill What defines a wetland Corp to easily issues permit
When are Hazard Mitigation grants available?
Only available once emergency declaration has been made by president
What were the Flood protection projects by the US Army Corp of Engineers?
Original function was to protect development from invading oceans and rivers Shift design to work as part of the natural system rather than and effort to manage hydrological processes themselves
FLlod Mitigation Assistance Program provides what 3 types of Grants?
Planning Grants- To prepare flood mitigation plans Project Grants- to implement measures to reduce flood losses Technical Assistance- For the state to help administer the FMA program and activities
What are the Repetitive Loss Properties?
Properties with two or more NFIP claims over 1000 each within a 10 year period. Represent 1% of properties currently insure, but 25-30% NFIP claimed dollars Most were grandfathered when the program began and were constructed before flood hazard risk were fully known --Not constructed to resist water damage --Most of these home are build in lower flooded floodplains thus get less than 50% damage - they do not qualify as substantial damage thus allows the owner to patch up home without having to perform newer construction standards
What is the Public Assistance Program ?
Provides aid to help communities rebuild damaged facilities after a disaster.
What are Individual and family assistance grants?
Provides funds to help meet the needs and expenses of disaster victims that are not met through other means such as insurance, loans or charities.
What is the Hazard Mitigation Grant Program?
Provides grants to implement long-term hazard mitigation measures after a major disaster declaration. Largest source of federal funding for state and local activities
What are the four categories of creditable activities for discounted premiums?
Public Information, Mapping and Regulations Flood Damage Reduction Flood Preparedness
What is the Clean Water Act?
Purpose is to restore and maintain the chemical, physical and biological integrity of the nation's navigable waters. Regulates the discharge of both toxic and nontoxic pollutants into waterways by Point Sources.
What is National Environmental policy Act?
Purpose: Obligates federal agencies to consider every significant aspect of the environmental impact of an action before proceeding with it Informs the public
HOw many classes are there for premium discounts and in what increment are Flood Insurance premium rates discounted?
There are 10 classes. Flood insurance premium rates are discounted in increments of 5%
What is National Flood Insurance Program?
This is a mitigation technique because the insurance only becomes available through community wide efforts to reduce risk of flooding. -Enacted to help control the growing cost of federal disaster relief. -Mitigation efforts reduce flood loses by 1 billion per year. Program began as voluntary to floodplain residents, but became mandatory with the Flood Insurance Act of 1972 Required the purchase of flood insurance for all federally-backed home mortgages or mortgages issued by lending institutions that are federally regulated or federally insured.
To be eligible for flood mitigation assistance, a community must be?
To eligible a community must be: -a participant in NFIP -Have jurisdiction over a particular area having special flood hazards. -Create and have an approved by FEMA a flood mitigation plan
hat is the Flood Mitigation ASsistance Program
Was created as part of the National Flood Insurance Reform Act with the goal of reducing or eliminating claims under (NFIP). Provides funds to assist States implement measures that reduce or eliminate the long-term risk of flood damage
Why are Wetlands important in Flood Mitigation?
Wetlands are important in flood mitigation because in natural state, wetlands can absorb floodwaters and also provide storage for floodwaters, releasing excess water slowly during dry seasons.
THe Coastal BArrier REsource Act does not restric the private or local and state sector from building on CBRS, it just prohibits what?
just prohibits federal funds from being used.
