RFI-PWS_Oregon_ESA_Implementation.docx

Implementation Plan for the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program in accordance with the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service Biological Opinion Reasonable and Prudent Alternatives for the state of Oregon

PERFORMANCE WORK STATEMENT (PWS)

June 28, 2019

PURPOSE

FEMA’s mission is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. To this end, the FEMA Region 10 Mitigation Division strives to create safer communities by reducing the risks to loss of life and property. Mitigation measures enable individuals to recover more quickly from floods and other disasters and lessen the financial impact of disasters on the nation. Within this Division, the Floodplain Management and Insurance Branch administers the floodplain management and insurance aspects of the National Flood Insurance Program (NFIP). The NFIP was created by Congress in 1968 as a voluntary, quid pro quo program with the intent of regulating the nation’s floodplains with minimum standards for state and local building codes and zoning regulations to assure that new development and substantial improvements located in a floodplain are constructed to prevent or minimize future flood damage. Participating communities located in high flood risk areas must adopt and enforce these requirements for property owners to be eligible for insurance under the program.

The NFIP provides a mechanism to steer development away from floodplains and protect public health and safety, but the minimum standards were not intended to address other floodplain management concerns, such as riparian habitat protections. Due to the potential impacts of these development standards on natural floodplain function and riparian habitat, FEMA must consider whether NFIP activities affect listed endangered or threatened species protected by the Endangered Species Act (ESA). Under Section 7 of the ESA, FEMA is required to consult with the US Fish and Wildlife Service and/or the National Marine Fisheries Service (“the Services”) when any action the agency carries out, funds, or authorizes may affect a listed endangered or threatened species.

BACKGROUND

FEMA has consulted with the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries) to determine whether implementation of the NFIP in the state of Oregon impacts the survival of listed species. In 2016, NOAA Fisheries issued a Biological Opinion (BiOp) analyzing the Federal Emergency Management Agency’s (FEMA) implementation of the NFIP in the State of Oregon. The BiOp concluded that FEMA’s proposed action is likely to jeopardize the continued existence of 17 marine and anadromous species (including eulachon and Southern resident killer whales, in addition to salmon, steelhead, and sturgeon species) and adversely modify critical habitat for 16 of these species. For this reason, a Reasonable and Prudent Alternative (RPA) included within the BiOp proposed measures to ensure FEMA’s continued implementation of the NFIP will avoid jeopardizing listed species and avoid adversely modifying designated critical habitats. As a condition of the RPA, FEMA must revise the minimum requirements for NFIP participation for communities in Oregon to come into compliance and promote the recovery of ESA-listed fish species.

SCOPE

The consultant shall be expected to develop a comprehensive Implementation Plan along with related guidance resources that will enable Oregon communities to effectively enable Oregon communities to adapt land use policies to align with the NOAA Fisheries RPA regarding the implementation of the NFIP in the State of Oregon that was issued on April 16, 2016. This Implementation Plan will support protection of critical habitat for 17 marine and anadromous fish species listed as threatened or endangered under the Endangered Species Act (full species list included in the Biological Opinion).

PROJECT DESCRIPTION

The consultant will develop an Implementation Plan that will propose an approach to implementing the requirements of the BiOp RPA in accordance with FEMA’s authority to implement the NFIP under the National Flood Insurance Act of 1968, as amended. Given these limitations, the consultant should develop an implementation strategy in the spirit of the full implementation of the BiOp RPA, and in line with its requirements to the extent practicable. The approach to the final Plan may employ alternative methods to those outlined in the RPA to meet equivalent performance standards and habitat protections.

The consultant will assume a significant level of capacity for planning, coordination, and collaboration with diverse stakeholders for this project. The consultant will demonstrate a capacity for building partnerships and provide evidence of experience working across the state of Oregon on similar land use management, natural resource management, and mitigation issues. Additionally, the consultant will develop strategies to implement three of the six elements (Elements 2, 4, and 5) outlined in the RPA (BiOp section 2.8.1) that are designed to enable FEMA to satisfy its obligation, pursuant to ESA Section 7(a)(2). The other three RPA elements (Elements 1, 3, and 6) have been or are currently being carried out via other FEMA initiatives. The elements to be addressed in the Implementation Plan are:

RPA Element 2: Interim Measures

· Fully implement the RPA measures, as defined in Element 2, that will be carried through to final implementation.

· Considerations should be made by the working group to avoid duplication of activities under RPA Element 2 and Element 4.

RPA Element 4: Floodplain Management Criteria

· Revise existing floodplain management criteria to avoid, minimize, and mitigate for adverse effects of floodplain development on remaining habitat functions and processes.

· Suggest paths forward, such as model ordinance development, with considerations for final recommendations taking precedence over Element 2 recommendations.

RPA Element 5: Data Collection and Reporting

· Establish a monitoring framework, or expand existing procedures, for evaluating participating communities and collecting floodplain development information.

This contract will require a consultant and participating team members to also have expertise in NFIP floodplain management regulations, land use ordinances in the State of Oregon, consultation under Section 4, 7 and/or 10 of the ESA, permitting liability under Section 9 of the ESA, and familiarity with the habitat requirements for the ESA-listed species in Oregon that are identified in this BiOp.

APPLICABLE DOCUMENTS

Relevant and applicable documents for developing an appropriate implementation strategy include the items listed below. Any other applicable documents will be provided when the consultant is selected.

1. NOAA Fisheries Biological Opinion Reasonable and Prudent Alternative for the Implementation of the NFIP in the State of Oregon (Issued April 16, 2016)

2. Errata to the Oregon BiOp RPA (letter and Errata sheet published January 24, 2017)

3. Oregon Model Flood Damage Prevention Ordinance (2014)

4. 44 CFR § 60.3 – Floodplain management criteria for flood-prone areas (60.3(a)(2))

KEY MILESTONES & DELIVERABLES

The milestones outlined below will be the responsibility of the consultant to complete.

A. Project Plan Coordinate with FEMA Region 10 to include in the Project Plan, at minimum:

a. Project schedule

b. Spend plan

c. Identification of key personnel

d. Deliverables

B. Contract Kick-Off Meeting Hold Kick-Off Meeting with FEMA Region 10 to refine and assess the project plan and identify key personnel roles and responsibilities within 2 weeks of receiving funding.

C. Deliverable Completion Reviews The consultant shall conduct deliverable completion reviews with the FEMA Region 10. Deliverable reviews will take place no later than 15 days after the completion of each deliverable and will vary in formality depending on the nature of the task. The consultant shall guide these discussions and suggest the format for each review (teleconference, in-person discussion, presentation, etc.).

D. Monthly Status Reports The consultant shall provide monthly status reports to the FEMA Region 10 for the duration of the period of performance. The reports shall include technical progress, schedule performance (actual vs. planned), cost performance (actual vs. planned), and issues related to overall performance. Each monthly report shall update the project delivery dates of future deliverables with explanations as needed. The monthly status report shall also track action items assigned to all parties (FEMA Region 10 included).

E. Working Group Participation An interagency working group consisting of federal, state, and local agencies shall be convened on a regular schedule throughout Implementation Plan development (frequency and format to be determined by the consultant) to discuss progress and address project needs. Each working group meeting shall have a minimum of five participants and members shall be expected to attend approximately 75% of all working group meetings. Participation of working group members shall be noted in each monthly status report that follows a working group meeting.

F. Final Report and Deliverables The consultant shall submit a final report to the FEMA Region 10 prior to the completion of the period of performance that includes a full project overview and any notable considerations for carrying out the Implementation Plan not identified in the final deliverables. Deliver final documents and supporting materials via appropriate digital delivery method. Final deliverables are to include:

a. Implementation Plan – This Plan will be a comprehensive guiding document for FEMA and affected Oregon communities to meet the requirements of the RPA. The Plan should enable communities to confidently carry out and maintain compliance with the required activities of the Oregon BiOp RPA. As stated in the Project Description, the consultant must ensure the guidance provided within the Plan does not supersede FEMA’s authority under the NFIP and aligns, to the extent practicable, with state land use requirements and planning goals.

b. Technical Assistance Deliverables – additional resources that the consultant shall provide to support communities implementing the Plan include:

i. Guidance Documents – Develop guidance on RPA-required activities for local communities, such as updating local ordinances and permitting processes, reviewing habitat assessments, providing justification for compensatory mitigation measures, etc. (final guidance topics to be determined by the working group)

ii. Communication & Public Outreach Strategies – Develop engagement strategies that will address community concerns, highlight goals of BiOp implementation, and engage local governments. Deliverables may include items such as a communication plan, public meeting materials, or guidance on outreach methodologies.

These are the general requirements set forth for this contract and are not intended to be a comprehensive list of tasks and deliverables. It is expected that the chosen consultant will provide FEMA with more specific recommendations for implementation approaches, tasks, and deliverables based on their expertise and experience on similar projects.