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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
prioritization of more vulnerable properties.

TABLE 11POST-BW12 PROJECTS AND VALUE BY GRANT CATEGORY 2019$ AWARDED TO SMALL ENTITIES
Standard 75% Federal cost share
Repetitive loss RL
75%90% Federal cost share
Severe repetitive loss SRL
100% Federal cost share
Year Grants 2013
2014
2015
2016
2017
2018
2019

Value of grants
Grants
Value of grants
Federal share obligated
Grants
Value of grants
Federal share obligated

8
11
3 6
12
41
13

$972,391
2,575,473
2,478,165
290,884
5,191,261
1,703,802
648,276

$435,490
1,623,207
1,858,623
197,705
3,881,929
1,109,366
422,100

1

2
3 1

$7,274,609

1,798,791
2,014,308
415,348

$6,452,685

1,556,119
1,764,641
363,867

14
16
15
17
14
78
24

$5,720,524
12,558,967
10,676,146
10,678,636
9,198,557
16,081,572
3,749,428

$3,778,669
12,235,583
10,007,363
9,299,774
8,627,638
14,090,559
3,285,222

Total

94

13,860,253

9,528,420

7

11,503,056

10,137,312

178

68,663,830

61,324,808

This rule codifies legislative requirements included in the BiggertWaters Flood Insurance Reform Act of 2012, Public Law 112141, 126 Stat. 916
BW12, which amended the National Flood Insurance Act of 1968 NFIA and required changes to all major components of the National Flood Insurance Program NFIP, including mitigation grants authorized under the NFIA. FEMA implemented the legislative requirements in BW12
through policy/guidance in 2013 and is now codifying these changes in regulation, to reflect current agency practice, and to clarify existing regulations. Pursuant to 5 U.S.C. 605b, FEMA certifies that this regulation will not have a significant economic impact on a substantial number of small entities.
C. Unfunded Mandates Reform Act of 1995

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Federal share obligated
Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
Pub. L. 1044, 2 U.S.C. 1531, each Federal agency shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on state, local, and Tribal governments, and the private sector other than to the extent that such regulations incorporate requirements specifically set forth in law. Section 202 of the Act 2 U.S.C.
1532 further requires that before promulgating any rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more adjusted annually for inflation in any one year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement detailing the effect on State, local, and Tribal governments and the private
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sector. This rule does not result in such an expenditure, and thus preparation of such a statement is not required.
D. National Environmental Policy Act of 1969 NEPA
Section 102 of the National Environmental Policy Act of 1969
NEPA, 83 Stat. 852 Jan. 1, 1970 42
U.S.C. 4321 et seq. requires Federal agencies to consider the impacts of their proposed actions on the quality of the human environment. Each agency can develop categorical exclusions catexes to cover actions that have been demonstrated to not typically trigger significant impacts to the human environment individually or cumulatively. If an action does not qualify for a catex and has the potential to significantly affect the environment, agencies develop environmental assessments EAs to evaluate those actions. The Council on Environmental Qualitys CEQ procedures for implementing NEPA, 40 CFR parts 1500
through 1508, require Federal agencies to prepare Environmental Impact Statements EISs for major Federal actions significantly affecting the quality of the human environment. At the end of the EA process, the agency will determine whether to make a Finding of No Significant Impact FONSI or whether to initiate the EIS
process.
Under the National Environmental Policy Act of 1969 NEPA, as amended, 42 U.S.C. 4321 et seq. an agency must prepare an Environmental Assessment EA and Environmental Impact Statement EIS for any rulemaking that significantly affects the quality of the human environment. FEMA has determined that this rulemaking does not significantly affect the quality of the human environment and consequently has not prepared an EA or EIS.
Catex A3 included in the list of exclusion categories at Department of
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Homeland Security Instruction Manual 0230100101, Revision 01, Implementation of the National Environmental Policy Act, Appendix A, issued November 6, 2014, covers the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, and advisory circulars if they meet certain criteria provided in A3af. This rule meets the criteria in A3a, b, c, and d. The rule makes a number of regulatory revisions that are strictly administrative.
In addition, the rule amends an existing regulation without changing its environmental effect, and also implements, without substantive change, statutory requirements and guidance documents. Because no extraordinary circumstances have been identified, this rule does not require the preparation of either an EA or an EIS as defined by NEPA. See Department of Homeland Security Instruction Manual 0230100101, Revision 01, Implementation of the National Environmental Policy Act, section VB2.
E. Endangered Species Act The Endangered Species Act ESA
mandates that Federal agencies determine whether their proposed actions may affect listed species and/or their designated critical habitat critical habitat has been designated for some, but not all listed species. Without authorization or exemption from Federal resource agencies, it is unlawful for any person, whether government employee or private citizen, to take listed animal species.
To comply with Section 7a2 of the ESA, for every action that FEMA
proposes to carry out, fund, or authorize, FEMA must first determine if species and habitat are present in the action area. If species are present in the
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