Draft Programmatic Environmental Assessment for the Evaluation of the Grant Programs Directorate's Programs, 17940-17942 [2010-8006]
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17940
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Notices
Dated: March 18, 2010.
Mitchell A. Cheeseman,
Acting Director, Office of Food Additive
Safety, Center for Food Safety and Applied
Nutrition.
[FR Doc. 2010–7956 Filed 4–7–10; 8:45 am]
BILLING CODE 4160–01–S
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
Notice of Meeting
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY: Advisory Council on Historic
Preservation.
ACTION: Notice of meeting.
SUMMARY: Notice is hereby given that
the Advisory Council on Historic
Preservation (ACHP) will meet Friday,
April 9, 2010. The meeting will be held
in Room MO9 of the Old Post Office
Building, 1100 Pennsylvania Ave., NW.,
Washington, DC at 9 a.m.
The ACHP was established by the
National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.) to advise the
President and Congress on national
historic preservation policy and to
comment upon Federal, federally
assisted, and federally licensed
undertakings having an effect upon
properties listed in or eligible for
inclusion in the National Register of
Historic Places. The ACHP’s members
are the Architect of the Capitol; the
Secretaries of the Interior, Agriculture,
Defense, Housing and Urban
Development, Commerce, Education,
Veterans Affairs, and Transportation;
the Administrator of the General
Services Administration; the Chairman
of the National Trust for Historic
Preservation; the President of the
National Conference of State Historic
Preservation Officers; a Governor; a
Mayor; a Native American; and eight
non-Federal members appointed by the
President.
The agenda for the meeting includes
the following:
Call to Order—9 a.m.
I. Chairman’s Welcome
II. Chairman’s Award Presentation
III. Native American Activities
A. Native American Program Report
1. HUD Delegation of Tribal
Consultation Responsibilities
B. Native American Advisory Group
IV. National Parks Second Century
Commission Report:
Recommendations for ACHP Action
V. Sustainability and Historic
Preservation Task Force
VI. Preservation Initiatives Committee
A. America’s Great Outdoors Initiative
and Historic Preservation
B. Preserve America Program Update
VerDate Nov<24>2008
16:26 Apr 07, 2010
Jkt 220001
VII. Federal Agency Programs
Committee
A. Recovery Act Update
B. Historic Preservation and Energy
Development Working Group
C. Archaeology Subcommittee
D. Cape Wind Section 106 Case
Update
VIII. Communications, Education, and
Outreach Committee
A. Engaging Youth in Historic
Preservation
B. New Directions for ACHP Awards
Programs
IX. Chairman’s Report
X. Executive Director’s Report
XII. Adjourn
Note: The meetings of the ACHP are open
to the public.
If you need special accommodations
due to a disability, please contact the
Advisory Council on Historic
Preservation, 1100 Pennsylvania
Avenue, NW., Room 803, Washington,
DC, 202–606–8503, at least seven (7)
days prior to the meeting. For further
information: Additional information
concerning the meeting is available from
the Executive Director, Advisory
Council on Historic Preservation, 1100
Pennsylvania Avenue, NW., #803,
Washington, DC 20004.
Dated: March 29, 2010.
John M. Fowler,
Executive Director.
[FR Doc. 2010–7643 Filed 4–7–10; 8:45 am]
BILLING CODE 4310–K6–M
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2008–0014]
Draft Programmatic Environmental
Assessment for the Evaluation of the
Grant Programs Directorate’s
Programs
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice of availability and
request for comments.
SUMMARY: The Federal Emergency
Management Agency (FEMA) has
prepared a draft Programmatic
Environmental Assessment (PEA) to
address the potential impacts to the
human environment resulting from
typical actions funded by FEMA’s Grant
Programs Directorate (GPD) through the
wide variety of homeland security and
emergency preparedness grant programs
that it administers. These programs
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
provide grant funding to States,
Territories, and local and recognized
Tribal governments to enhance their
homeland security efforts. The grant
monies provide for planning,
conducting training and exercises, the
purchase of equipment, and
management and administration. The
purpose of the PEA is to evaluate GPD
programs and projects allowable under
those programs, and to facilitate FEMA’s
compliance with the National
Environmental Policy Act (NEPA) by
providing a framework to address the
potential environmental impacts of
these projects.
FEMA is also making available for
public comment a draft Memorandum of
Understanding (MOU) between FEMA
and the U.S. Fish and Wildlife Service
(FWS) establishing procedures to
monitor, assess, minimize and avoid
avian mortalities from communication
tower construction activities funded by
FEMA. The MOU would be executed
pursuant to Executive Order 13186—
‘‘Responsibilities of Federal Agencies to
Protect Migratory Birds.’’
FEMA also provides notice to the
public of the availability of a FEMA
comment on a draft program comment
from the Advisory Council on Historic
Preservation (ACHP) regarding the
effects of communication facilities
construction or modification subject to
review by the Federal Communications
Commission (FCC). The ACHP draft
program comment recommends that
projects funded by the National
Telecommunications and Information
Administration and projects funded by
the Rural Utilities Service be exempt
from the review required under Section
106 of the National Historic
Preservation Act (NHPA) by applicable
FCC Programmatic Agreements if the
projects have undergone, will undergo,
or are exempt from Section 106 review
by the FCC. FEMA seeks to add GPD
projects to that proposed exemption.
DATES: Comments on the draft
Programmatic Environmental
Assessment and on the draft
Memorandum of Understanding
between FEMA and the U.S. Fish and
Wildlife Service must be submitted on
or before May 10, 2010.
ADDRESSES: You may submit comments,
identified by Docket ID FEMA–2008–
0014, by one of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Search for Docket
ID FEMA–2008–0014 and follow the
instructions for submitting comments.
E-mail: FEMA-POLICY@dhs.gov.
Include Docket ID FEMA–2008–0014 in
the subject line of the message.
Fax: 703–483–2999.
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
Mail/Hand Delivery/Courier: Office of
Chief Counsel, Federal Emergency
Management Agency, 500 C Street, SW.,
Room 835, Washington, DC 20472–
3100.
Instructions: All submissions received
must include the agency name and
Docket ID. Regardless of the method
used for submitting comments or
material, all submissions will be posted,
without change, to the Federal
eRulemaking Portal at https://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to read
the Privacy Act notice that is available
via a link in the footer of
http:/www.regulations.gov.
Docket: For access to the docket to
read the draft Programmatic
Environmental Assessment, the draft
Memorandum of Understanding
between FEMA and the U.S. Fish and
Wildlife Service, the FEMA comment on
the draft program comment from the
ACHP, or comments submitted by the
public on these documents, go to the
Federal eRulemaking Portal at https://
www.regulations.gov and search for
docket ID FEMA–2008–0014. These
documents may also be inspected at
FEMA, Office of Chief Counsel, Room
835, 500 C Street, SW., Washington, DC
20472–3100.
FOR FURTHER INFORMATION CONTACT:
Jomar Maldonado, Environmental
Officer, Office of Environmental
Planning and Historic Preservation,
FEMA, 500 C Street, SW., Washington,
DC 20472–3100; phone (202) 646–2741;
´
or Adria Martınez, Program Manager,
GPD, FEMA, 500 C Street, SW.,
Techworld Bldg., Room 5142
Washington, DC 20472–3100; phone
(202) 786–9603.
SUPPLEMENTARY INFORMATION:
Draft Programmatic Environmental
Assessment for the Evaluation of the
Grant Programs Directorate’s Programs
The purpose of the draft
Programmatic Environmental
Assessment (PEA) is to evaluate the
programs of the Grant Programs
Directorate (GPD) and the projects
allowable under these programs and
facilitate FEMA’s compliance with the
National Environmental Policy Act
(NEPA) by providing a framework to
address the potential environmental
impacts of those projects.
The PEA also provides the public and
decision-makers with the information
required to understand and evaluate the
potential environmental consequences
of actions funded by FEMA. In addition
to meeting the goals of impact
identification and disclosure, the PEA
VerDate Nov<24>2008
18:22 Apr 07, 2010
Jkt 220001
addresses the need to streamline the
NEPA review process in the interest of
national preparedness and homeland
security.
The analysis presented in the PEA
relies on FEMA’s experience regarding
environmental impacts that can be
expected with actions that would be
funded under GPD grant programs. It is
also based on a review of scientific
literature, consultation with regulatory
and resource agencies, and expert
opinion. FEMA will consider the
analysis in the PEA to determine
whether a Finding of No Significant
Impact (FONSI) or a Notice of Intent to
Prepare an Environmental Impact
Statement is appropriate for the
proposed actions described and
assessed in the PEA.
FEMA will use the PEA to evaluate
the environmental impacts of GPD grant
programs and the projects funded by
these programs. The PEA will also assist
in determining when more site-specific
information is needed and what level of
environmental analysis and
documentation is required in order for
more complex projects to comply with
NEPA.
Draft Memorandum of Understanding
Between FEMA and the U.S. Fish and
Wildlife Service
The purpose of the Memorandum of
Understanding (MOU) is to establish
procedures to be utilized by FEMA and
the U.S. Fish and Wildlife Service
(FWS) to monitor, assess, minimize and
avoid avian mortalities from FEMAsponsored telecommunication towers.
Migratory birds are of great ecological
and economic value to this country and
to other countries. The United States
has recognized the critical importance
of this shared resource by ratifying
international, bilateral conventions for
the conservation of migratory birds.
Under Executive Order (E.O.) 13186—
‘‘Responsibilities of Federal Agencies to
Protect Migratory Birds,’’ Federal
agencies are encouraged to negotiate
MOUs with the FWS to promote the
conservation of migratory birds for
taking actions, such as development and
implementation of programs, that have
or are likely to have a measurable
negative effect on migratory bird
populations.
Avian mortality due to collisions with
telecommunication towers is a well
documented phenomenon that has
prompted significant debate and
litigation in the United States. GPD
programs can be used to fund the
modification or new construction of
towers. As a result, FEMA is exercising
its authorities and responsibilities under
E.O. 13186, as well as related laws such
as NEPA, the Migratory Bird Treaty Act,
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
17941
the Endangered Species Act, E.O.
11988—‘‘Floodplain Management,’’ and
E.O. 11990—‘‘Protection of Wetlands,’’
to establish this framework.
FEMA Comment on a Draft Program
Comment From the Advisory Council
on Historic Preservation
On September 17, 2009, the Advisory
Council on Historic Preservation
(ACHP) published a notice for comment
on its Draft Program Comment for the
National Telecommunications and
Information Administration and the
U.S. Department of Agriculture’s Rural
Utilities Service Regarding the Effects of
Communication Facilities Construction
or Modification Subject to Review by
the Federal Communications
Commission (74 FR 47807). The draft
program comment requests the
elimination of duplicative National
Historic Preservation Act (NHPA)
Section 106 reviews for tower
construction and modification projects
sponsored by the Rural Utilities Service
(RUS) and the National
Telecommunications and Information
Administration (NTIA) that have
undergone, will undergo, or are exempt
from Section 106 review under Federal
Communication Commission (FCC)
historic preservation procedures, which
are governed by applicable FCC
Programmatic Agreements.
FEMA believes that the ACHP draft
program comment should be extended
to grant-funded construction and
modifications of telecommunication
towers sponsored by FEMA. Among the
eligible activities funded by GPD and
critical to the Nation’s readiness are the
installation of new, or modification of
existing, telecommunication towers and
collocation of antennas on existing
towers or non-tower structures to ensure
interoperable communication between
first responders during disasters or
emergency events. FEMA believes that
when grantees must satisfy the Section
106 review for both FEMA and FCC
purposes, and the FCC requirements
have been fulfilled for the project before
the project is submitted to FEMA, a
redundant level of effort is created that
places an undue administrative burden
upon grantees and State Historic
Preservation Officers/Tribal Historic
Preservation Officers (SHPOs/THPOs).
This results in an unnecessary delay in
the delivery of funds to the grantee for
homeland security/emergency
preparedness initiatives, and provides
no additional value to the consideration
of historic properties in keeping with
the spirit and intent of Section 106. As
a result, FEMA is providing comments
to the ACHP to request the inclusion of
E:\FR\FM\08APN1.SGM
08APN1
17942
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Notices
FEMA’s comment in the ACHP draft
program comment.
Authority: National Environmental Policy
Act (NEPA), as amended, 42 U.S.C. 4331 et
seq.; 40 CFR 1500.1 et seq.; 44 CFR 10.1 et
seq.
Dated: April 1, 2010.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2010–8006 Filed 4–7–10; 8:45 am]
BILLING CODE 9111–78–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5376–N–24]
Public Housing Contracting With
Resident-Owned Businesses/
Application Requirements
AGENCY: Office of the Chief Information
Officer, HUD.
ACTION: Notice.
SUMMARY: The proposed information
collection requirement described below
has been submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
Public Housing Agencies (PHAs) enter
into contracts, not to cumulatively
exceed $1,000,000, with eligible
resident-owned businesses under an
alternative procurement process. As
such, PHAs are required to obtain
documentation to verify the eligibility of
the resident-owned business and to
collect other information related to the
contract award itself under the
Department’s procurement
requirements.
DATES: Comments Due Date: May 10,
2010.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
approval Number (2577–0161) and
should be sent to: HUD Desk Officer,
Office of Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806.
FOR FURTHER INFORMATION CONTACT:
Leroy McKinney Jr., Reports
Management Officer, QDAM,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410; e-mail Leroy
McKinney Jr. at
Leroy.McKinneyJr@hud.gov or telephone
(202) 402–5564. This is not a toll-free
number. Copies of available documents
submitted to OMB may be obtained
from Mr. McKinney.
SUPPLEMENTARY INFORMATION: This
notice informs the public that the
Department of Housing and Urban
Development has submitted to OMB a
request for approval of the Information
collection described below. This notice
is soliciting comments from members of
the public and affecting agencies
concerning the proposed collection of
information to: (1) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (3) Enhance the quality,
utility, and clarity of the information to
be collected; and (4) Minimize the
burden of the collection of information
on those who are to respond; including
through the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
This Notice Also Lists the Following
Information
Title of Proposal: Public Housing
Contracting With Resident-Owned
Businesses/Application Requirements.
OMB Approval Number: 2577–0161.
Form Numbers: This information
collection does not apply to form(s).
Description of the Need for the
Information and Its Proposed Use:
Public Housing Agencies (PHAs) enter
into contracts, not to cumulatively
exceed $1,000,000, with eligible
resident-owned businesses under an
alternative procurement process. As
such, PHAs are required to obtain
documentation to verify the eligibility of
the resident-owned business and to
collect other information related to the
contract award itself under the
Department’s procurement
requirements.
Frequency of Submission: On
occasion, Other Per applicant.
Number of
respondents
Annual
responses
82
1
Reporting Burden ..............................................................................
Total Estimated Burden Hours: 1,968.
Status: Extension of a currently
approved collection.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 35, as
amended.
Dated: April 2, 2010.
Leroy McKinney, Jr.,
Departmental Reports Management Officer,
Office of the Chief Information Officer.
sroberts on DSKD5P82C1PROD with NOTICES
[FR Doc. 2010–8007 Filed 4–7–10; 8:45 am]
16:26 Apr 07, 2010
[Docket No. FR–5382–N–05]
Notice of Proposed Information
Collection for Public Comment on the
Quality Control for Rental Assistance
Subsidy Determinations
AGENCY: Office of Policy Development
and Research, HUD.
ACTION: Notice.
SUMMARY: The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
BILLING CODE 4210–67–P
VerDate Nov<24>2008
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Jkt 220001
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
Hours per
response
×
24
DATES:
=
Burden hours
1,968
Comment Due Date: June 7,
2010.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Reports Liaison Officer, Office of Policy
Development and Research, Department
of Housing and Urban Development,
451 7th Street, SW., Room 8234,
Washington, DC 20410.
FOR FURTHER INFORMATION CONTACT: Dr.
Yves Djoko, Economic Development and
Public Finance Division, Department of
Housing and Urban Development, 451
7th Street, SW., Room 8216,
Washington, DC 20410; telephone 202–
402–5851 (not a toll-free number).
Copies of the proposed forms and other
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17940-17942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8006]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2008-0014]
Draft Programmatic Environmental Assessment for the Evaluation of
the Grant Programs Directorate's Programs
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Emergency Management Agency (FEMA) has prepared a
draft Programmatic Environmental Assessment (PEA) to address the
potential impacts to the human environment resulting from typical
actions funded by FEMA's Grant Programs Directorate (GPD) through the
wide variety of homeland security and emergency preparedness grant
programs that it administers. These programs provide grant funding to
States, Territories, and local and recognized Tribal governments to
enhance their homeland security efforts. The grant monies provide for
planning, conducting training and exercises, the purchase of equipment,
and management and administration. The purpose of the PEA is to
evaluate GPD programs and projects allowable under those programs, and
to facilitate FEMA's compliance with the National Environmental Policy
Act (NEPA) by providing a framework to address the potential
environmental impacts of these projects.
FEMA is also making available for public comment a draft Memorandum
of Understanding (MOU) between FEMA and the U.S. Fish and Wildlife
Service (FWS) establishing procedures to monitor, assess, minimize and
avoid avian mortalities from communication tower construction
activities funded by FEMA. The MOU would be executed pursuant to
Executive Order 13186--``Responsibilities of Federal Agencies to
Protect Migratory Birds.''
FEMA also provides notice to the public of the availability of a
FEMA comment on a draft program comment from the Advisory Council on
Historic Preservation (ACHP) regarding the effects of communication
facilities construction or modification subject to review by the
Federal Communications Commission (FCC). The ACHP draft program comment
recommends that projects funded by the National Telecommunications and
Information Administration and projects funded by the Rural Utilities
Service be exempt from the review required under Section 106 of the
National Historic Preservation Act (NHPA) by applicable FCC
Programmatic Agreements if the projects have undergone, will undergo,
or are exempt from Section 106 review by the FCC. FEMA seeks to add GPD
projects to that proposed exemption.
DATES: Comments on the draft Programmatic Environmental Assessment and
on the draft Memorandum of Understanding between FEMA and the U.S. Fish
and Wildlife Service must be submitted on or before May 10, 2010.
ADDRESSES: You may submit comments, identified by Docket ID FEMA-2008-
0014, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Search for
Docket ID FEMA-2008-0014 and follow the instructions for submitting
comments.
E-mail: FEMA[dash]POLICY@dhs.gov. Include Docket ID FEMA-2008-0014
in the subject line of the message.
Fax: 703-483-2999.
[[Page 17941]]
Mail/Hand Delivery/Courier: Office of Chief Counsel, Federal
Emergency Management Agency, 500 C Street, SW., Room 835, Washington,
DC 20472-3100.
Instructions: All submissions received must include the agency name
and Docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at https://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available via a link in the footer of http:/
www.regulations.gov.
Docket: For access to the docket to read the draft Programmatic
Environmental Assessment, the draft Memorandum of Understanding between
FEMA and the U.S. Fish and Wildlife Service, the FEMA comment on the
draft program comment from the ACHP, or comments submitted by the
public on these documents, go to the Federal eRulemaking Portal at
https://www.regulations.gov and search for docket ID FEMA-2008-0014.
These documents may also be inspected at FEMA, Office of Chief Counsel,
Room 835, 500 C Street, SW., Washington, DC 20472-3100.
FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Environmental
Officer, Office of Environmental Planning and Historic Preservation,
FEMA, 500 C Street, SW., Washington, DC 20472-3100; phone (202) 646-
2741; or Adria Mart[iacute]nez, Program Manager, GPD, FEMA, 500 C
Street, SW., Techworld Bldg., Room 5142 Washington, DC 20472-3100;
phone (202) 786-9603.
SUPPLEMENTARY INFORMATION:
Draft Programmatic Environmental Assessment for the Evaluation of the
Grant Programs Directorate's Programs
The purpose of the draft Programmatic Environmental Assessment
(PEA) is to evaluate the programs of the Grant Programs Directorate
(GPD) and the projects allowable under these programs and facilitate
FEMA's compliance with the National Environmental Policy Act (NEPA) by
providing a framework to address the potential environmental impacts of
those projects.
The PEA also provides the public and decision-makers with the
information required to understand and evaluate the potential
environmental consequences of actions funded by FEMA. In addition to
meeting the goals of impact identification and disclosure, the PEA
addresses the need to streamline the NEPA review process in the
interest of national preparedness and homeland security.
The analysis presented in the PEA relies on FEMA's experience
regarding environmental impacts that can be expected with actions that
would be funded under GPD grant programs. It is also based on a review
of scientific literature, consultation with regulatory and resource
agencies, and expert opinion. FEMA will consider the analysis in the
PEA to determine whether a Finding of No Significant Impact (FONSI) or
a Notice of Intent to Prepare an Environmental Impact Statement is
appropriate for the proposed actions described and assessed in the PEA.
FEMA will use the PEA to evaluate the environmental impacts of GPD
grant programs and the projects funded by these programs. The PEA will
also assist in determining when more site-specific information is
needed and what level of environmental analysis and documentation is
required in order for more complex projects to comply with NEPA.
Draft Memorandum of Understanding Between FEMA and the U.S. Fish and
Wildlife Service
The purpose of the Memorandum of Understanding (MOU) is to
establish procedures to be utilized by FEMA and the U.S. Fish and
Wildlife Service (FWS) to monitor, assess, minimize and avoid avian
mortalities from FEMA-sponsored telecommunication towers. Migratory
birds are of great ecological and economic value to this country and to
other countries. The United States has recognized the critical
importance of this shared resource by ratifying international,
bilateral conventions for the conservation of migratory birds. Under
Executive Order (E.O.) 13186-- ``Responsibilities of Federal Agencies
to Protect Migratory Birds,'' Federal agencies are encouraged to
negotiate MOUs with the FWS to promote the conservation of migratory
birds for taking actions, such as development and implementation of
programs, that have or are likely to have a measurable negative effect
on migratory bird populations.
Avian mortality due to collisions with telecommunication towers is
a well documented phenomenon that has prompted significant debate and
litigation in the United States. GPD programs can be used to fund the
modification or new construction of towers. As a result, FEMA is
exercising its authorities and responsibilities under E.O. 13186, as
well as related laws such as NEPA, the Migratory Bird Treaty Act, the
Endangered Species Act, E.O. 11988--``Floodplain Management,'' and E.O.
11990--``Protection of Wetlands,'' to establish this framework.
FEMA Comment on a Draft Program Comment From the Advisory Council on
Historic Preservation
On September 17, 2009, the Advisory Council on Historic
Preservation (ACHP) published a notice for comment on its Draft Program
Comment for the National Telecommunications and Information
Administration and the U.S. Department of Agriculture's Rural Utilities
Service Regarding the Effects of Communication Facilities Construction
or Modification Subject to Review by the Federal Communications
Commission (74 FR 47807). The draft program comment requests the
elimination of duplicative National Historic Preservation Act (NHPA)
Section 106 reviews for tower construction and modification projects
sponsored by the Rural Utilities Service (RUS) and the National
Telecommunications and Information Administration (NTIA) that have
undergone, will undergo, or are exempt from Section 106 review under
Federal Communication Commission (FCC) historic preservation
procedures, which are governed by applicable FCC Programmatic
Agreements.
FEMA believes that the ACHP draft program comment should be
extended to grant-funded construction and modifications of
telecommunication towers sponsored by FEMA. Among the eligible
activities funded by GPD and critical to the Nation's readiness are the
installation of new, or modification of existing, telecommunication
towers and collocation of antennas on existing towers or non-tower
structures to ensure interoperable communication between first
responders during disasters or emergency events. FEMA believes that
when grantees must satisfy the Section 106 review for both FEMA and FCC
purposes, and the FCC requirements have been fulfilled for the project
before the project is submitted to FEMA, a redundant level of effort is
created that places an undue administrative burden upon grantees and
State Historic Preservation Officers/Tribal Historic Preservation
Officers (SHPOs/THPOs). This results in an unnecessary delay in the
delivery of funds to the grantee for homeland security/emergency
preparedness initiatives, and provides no additional value to the
consideration of historic properties in keeping with the spirit and
intent of Section 106. As a result, FEMA is providing comments to the
ACHP to request the inclusion of
[[Page 17942]]
FEMA's comment in the ACHP draft program comment.
Authority: National Environmental Policy Act (NEPA), as amended,
42 U.S.C. 4331 et seq.; 40 CFR 1500.1 et seq.; 44 CFR 10.1 et seq.
Dated: April 1, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-8006 Filed 4-7-10; 8:45 am]
BILLING CODE 9111-78-P
