Schumer Calls on FEMA to Implement 90 Day Maximum Environmental Review Period for Disaster Assistance to be Administered on Long Island; New Layers of Review are Leaving Communities at Risk

Statement

Over a Year After Disaster Declarations; FEMA Has Yet to Complete its Environmental Approvals or Reimburse for Sand Replenishment and Has Created Additional Environmental Reviews That Have Slowed Down The Process

90 Day "Shot-Clock" Would Create Finite Review Period for Communities so Reimbursements and Remediation Can Take Place Before Next Storms

United States Senator Charles E. Schumer, standing at Robert Moses Beach today, called on the Federal Emergency Management Administration (FEMA) Administrator Craig Fugate to immediately implement a 90-day "shot-clock" period for FEMA Region II to complete its environmental assessments for disaster assistance projects. Over the course of the last year and a half, two major disaster declarations were declared for Long Island, but reimbursements and approvals for sand replenishment and dune and bulkhead repair projects have been held up by bureaucratic delays and new layers of review on Long Island.

"It is impossible for communities to protect their coastlines from storms if FEMA drags out the review process and adds additional hoops for locals to jump through," said Schumer. "Two major storms have bore down on Long Island in the last month alone, yet FEMA has still not issued the approvals or reimbursements from storms that happened last year."

In November 2009, Nassau and Suffolk were pounded by severe storms and flooding associated with Tropical Depression Ida and a Nor'easter, resulting in a presidential declaration. In March 2010, Nassau and Suffolk were pounded again with severe storms and flooding, resulting in a second presidential disaster declaration. Both storms caused irreparable beach erosion to Long Island, destroying the coastline and putting communities at risk of future devastation. Federal, state, and local emergency officials are currently conducting damage assessments on Long Island and New York from the Christmas blizzard of two weeks ago, highlighting the urgency of restoring Long Island's beaches and coastline.

Despite previous disaster declarations and despite the significant time lapse since the storms struck Long Island, FEMA has yet to approve sand replenishment and dune repair projects to remediate the damage and protect the shoreline. In fact, FEMA has added a new layer of environmental review that has created even more delays. In early 2010, FEMA Region II's Environment and Historic Preservation Office added a new layer of review for public assistance remediation projects on Long Island, requiring additional work on the part of local and state emergency management officials before projects can go forward with the confidence that they will be reimbursed. The new layer of review, conducted by a newly established Regional Environmental Review Officer (REO), is now being required despite the fact that project worksheets to assist in beach replenishment have been signed off by local officials, approved by the State Emergency Management Office (SEMO), and that dredged sand and mining operations are overseen by agencies that have conducted similar environmental reviews as to those being required by FEMA.

Schumer noted that the new requirements and their resulting delays not only leave Long Island coastline dangerously unprotected, but will delay the reimbursement of $35 million to local communities that are already cash strapped. In order to expedite reviews and ensure that disaster assistance is no longer held up by bureaucratic delays and obligated and reimbursed in a timely manner, Schumer requested that Administrator Fugate put in place a 90-day maximum time frame for FEMA to complete its environmental assessment approval process, once SEMO and local officials submit their remediation plans.

"A clear and concise timeframe for FEMA to complete its environmental assessments on Long Island appears to be the only way to ensure that local officials are able to protect their coastline and fortify them before getting battered again," continued Schumer. "Layers and layers of review for disaster remediation do nothing but leave our communities more vulnerable for the next storm. I am calling on FEMA to finally fix these unnecessary delays."

A copy of Schumer's letter can be found below.

The Honorable W. Craig Fugate
Administrator
Federal Emergency Management Agency
U.S. Department of Homeland Security
500 C Street, SW
Washington, D.C. 20472

Dear Administrator Fugate:

I would like to call to your attention environmental assessment delays that are being imposed by FEMA Region II Environmental and Historic Preservation Office (REO). These delays are not consistent with FEMA's project worksheet policies and procedures, are having an adverse impact on New Yorkers in need, and need to be corrected immediately.

New York State has been hit particularly hard over the last year and a half, receiving three presidential disaster declarations. Tornado-force winds, record-breaking snowfall, and severe rainstorms have taken their respective tolls on the State, particularly in Nassau and Suffolk Counties.

In November 2009, Nassau and Suffolk were pounded by severe storms and flooding associated with Tropical Depression Ida and a Nor'easter, resulting in presidential declaration DR-1869. In March 2010, Nassau and Suffolk were pounded again with severe storms and flooding, resulting in presidential declaration DR-1899. Both storms caused irreparable beach erosion to Long Island, destroying the coastline and putting communities at risk.

Subsequent project worksheets to assist in beach replenishment have been reviewed and approved by the State Emergency Management Office, and Nassau and Suffolk were on course to receive the disaster assistance they deserved to replenish its beaches. However, FEMA's Region II has added a new layer to the environmental review assessment process. Specifically, DR-1869 was the first disaster in FEMA's Region II in which the Region required information about a sand source, that is, information pertaining to where replenishment sand was coming from, as part of FEMA's environmental assessment. This information was requested despite the fact that the U.S. Army Corps of Engineers permits all offshore dredging and the New York State Department of Environmental Conservation oversees all on-shore mining activities. The Region's arbitrary sand-source policy has been carried forward to DR-1899.

In August 2010, Regional Administrator Canton informed Suffolk County emergency management officials that the Regional Environmental and Historic Preservation Office's mandate is to provide advice with respect to compliance with environment laws and regulations and historic preservation guidelines. It is critical we adhere to environmental and historic standards when replenishing sand, but environmental assessments should not be unreasonably delayed. The Region's unprecedented delays are not in accordance with past FEMA environmental assessment practices and have delayed the reimbursement of $35 million in disaster assistance for Long Island. Furthermore, these delays have forced Long Island to miss the ideal dredging availability window, which typically falls between the months of November and March. These delays cannot continue.

At this time, I respectfully urge FEMA to implement a 90-day review period in which FEMA Region II Regional Environmental and Historic Preservation Office has to complete its project worksheet environmental assessments. It is imperative that disaster assistance be provided in a timely manner, and FEMA must do whatever it takes to help make these hard-hit communities whole again.

Thank you for attention to this very important request.

Sincerely,

Charles E. Schumer

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