Performace Work Statement_Puget Sound NFIP BiOp Guidance Updates_Final.pdf

Performance Work Statement – Puget Sound NFIP BiOp Guidance Updates

Performance Work Statement Guidance Document Updates for Community Implementation of the Biological Opinion for the National Flood Insurance Program in the Puget Sound Basin

Background

The National Flood Insurance Program (NFIP) FEMA administers the National Flood Insurance Program (NFIP), a nationwide program that reduces future flood damage by requiring minimum floodplain management standards and provides protection for property owners against potential flood losses through insurance. The NFIP was established by the United States Congress in 1968 with the passage of the National Flood Insurance Act (NFIA) (42 United States Code [U.S.C.] §4001 et seq.).1 This law mandated that FEMA identify the nation’s flood-prone areas and make insurance available to participating communities (local, tribal, and state governments) that implement floodplain management requirements that meet or exceed the minimum standards of the program. The NFIP is the primary source of flood insurance coverage for residential properties in the United States.

The NFIP also engages in many “noninsurance” activities to serve the public interest. These include identifying and mapping flood hazards, disseminating flood-risk information through flood maps, and setting minimum floodplain management standards for community participation. The NFIP contributes to community resilience by setting minimum standards and offering incentive programs such as the Community Rating System (CRS). Through the CRS, communities are credited for activities that exceed FEMA’s minimum NFIP requirements and further reduce flood risk.

Participation in the NFIP is voluntary but necessary for communities to obtain access to NFIP flood insurance. This insurance is designed to protect against the risk of flood losses, thus reducing the escalating costs of repairing damage to buildings and their contents caused by floods. FEMA sets the minimum standards for participating communities through regulation for participants, although communities may adopt stricter standards. Participating communities are responsible for adoption and enforcement of the floodplain management standards. However, FEMA may place communities on probation or suspend them if they fail to adopt or enforce the minimum standards. If communities do not remedy the issue, they may be removed from the program.

1 National Flood Insurance Act of 1968, as amended, and the National Flood Disaster Act of 1973, as amended. 42 U.S.C.

4001 et. seq

Endangered Species Act (ESA) Integration As a federal agency, FEMA must consider whether NFIP activities affect listed threatened or endangered 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 (collectively “the Services”) when any action the agency funds, authorizes, permits, or otherwise carries out has the potential to jeopardize the continued existence of any listed species or adversely modify their critical habitat.2 A lawsuit brought against FEMA in 2003 by the National Wildlife Federation sought to highlight the agency’s failure to consult with the Services on this action and the impacts of implementing the NFIP on listed species in the Puget Sound. Specifically, the lawsuit and resulting consultation focused on 16 anadromous fish species and subspecies (salmon and trout) and the endangered Southern Resident Killer Whale. FEMA’s consultation with NOAA’s National Marine Fisheries Service (NMFS) focused on the floodplains of the Puget Sound watershed and determined that implementing the NFIP in this area jeopardizes the continued existence of these species and has the potential to adversely modify their designated critical habitat.

Since 2010, FEMA has been working with NFIP participating communities within the Puget Sound watershed (the Biological Opinion ‘Action Area’) to adopt measures into local floodplain management programs needed to avoid continued jeopardy and/or adverse modification to habitat. Collectively, these measures are designed to meet a standard of “no adverse impact” for habitat functions essential to the survival of the ESA-listed species identified in the Puget Sound Biological Opinion (“BiOp”). FEMA developed a three-pronged approach to documenting compliance based on the recommendations made for the agency in NMFS’ Reasonable and Prudent Alternative (RPA) published with the BiOp. The options for documenting ESA compliance within an NFIP participating communities’ floodplain management program include;

Adopting a model ordinance that includes performance standards designed to meet the RPA and its “no adverse impact” conservation standard;

Developing a programmatic approach for incorporating ESA standards into an existing regulatory framework, which allows a community to adapt the model ordinance elements into existing language, programs, and future planning; and

Documenting ESA performance standards via a habitat assessment or similar report prior to permitting that allows the jurisdiction to assess habitat impacts on a permit-by-permit basis.

2 Endangered Species Act of 1973. Interagency Cooperation. Sec. 7(a), Federal Agency Actions and Consultations.

Map of Puget Sound NFIP Biological Opinion Action Area (extent includes Puget Sound basin drainage area; portions of coastal counties that drain to the Pacific Ocean not included, however some floodplain management programs’ jurisdiction will extend into these locations)

Objectives for Guidance Updates FEMA developed guidance resources to support communities in addressing ESA measures in their local floodplain management programs through the three approaches described above at the time implementation began. Over the past decade, FEMA’s improved understanding of how best to integrate these measures has highlighted some necessary changes in these resources, so the agency is seeking support in ensuring the best possible technical assistance is provided to communities in the Puget Sound BiOp Action Area going forward. Examples of the types of updates FEMA is seeking include:

Revisions to ESA Model Ordinance language;

Revisions to the Habitat Assessment Worksheet to clarify appropriate exceptions to the habitat assessment requirement;

Improved guidance on the purpose and appropriate application of habitat assessments; and

Refocusing guidance on how ESA performance standards fit into the overall NFIP framework, including how mapping and floodway regulations play a role.

Scope The consultant will work with FEMA Region 10 to revise existing guidance documents for implementation of the Puget Sound NFIP Biological Opinion community participation standards.

Upon completion of guidance document revisions, the consultant will support stakeholder outreach activities to share news of these updates and promote further communication among stakeholders to discontinue use of former versions. Chosen outreach strategies should be determined based on the needs and limitations of Puget Sound communities.

Project Description

Guidance Documents The document updates requested through this project are intended to improve community capabilities to properly implement the ESA standards established for NFIP participating communities within the Puget Sound Action Area. The existing guidance is quite comprehensive yet requires clarification to more adequately address the “no adverse impact” conservation standard that FEMA must meet in our efforts to implement the RPA. The existing community guidance documentation that is expected to be updated by the chosen consultant includes the following:

Floodplain Habitat Assessment and Mitigation: Regional Guidance for the Puget Sound Basin (2013)

FEMA Region X Puget Sound BiOp Floodplain Habitat Assessment Worksheet (v1.6 - November 2017)

Floodplain Management and the Endangered Species Act: A Model Ordinance (2013)

FAQ Memos (various)

Outreach & Communication Support We anticipate that the document updates will be coordinated between FEMA staff and the consultant. Upon completion of the updates we expect to engage directly with NFIP practitioners who will be using these updated resources to fulfill their local, state, or tribal floodplain management program responsibilities. Outreach, communications, and general engagement with this stakeholder audience will likely take many forms and must aim to consider any equity gaps that would otherwise prevent FEMA from reaching all necessary stakeholders with the updated resources. Some ideas around the communication strategies that may be incorporated into this effort include:

- Webinars

- In-person / hybrid meetings

- Article(s) in the Region 10 newsletter

- Northwest Regional Floodplain Management Association (NORFMA) website

- Presentation at annual NORFMA conference

- Email communication with/from state NFIP coordinators

- FEMA.gov website*3

- State/tribe/local floodplain management program webpages, and

- Other state/tribe/partner mechanisms for communication.

Given the ongoing public health considerations around public gatherings due to COVID-19 and advances in virtual meeting accessibility (Microsoft Teams, Zoom, Cisco WebEx, etc.), we expect to prioritize virtual and hybrid meeting approaches while also entertaining creative communication strategies that reach underrepresented audiences. The consultant should ensure that accessible considerations are made for all communication approaches, including the employment of language interpreters, closed captioning services, or other services as needed by the community. Further, these cost estimates must be included in the project spend plan (see Key Milestones and Deliverables).

Reference Material The consultant is encouraged to reference the resources listed below to become familiar with the existing program. These resources will be provided to the chosen consultant.

Puget Sound Biological Opinion and Reasonable & Prudent Alternative – “Endangered Species Act Section 7 Formal Consultation and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the on-going National Flood Insurance Program carried out in the Puget Sound area in Washington State. HUC 17110020 Puget Sound.”, issued September 22, 2008

Erratas to the Biological Opinion, issued October 2008 and May 14, 2009

YouTube video series: “FEMA Training: NFIP-ESA Integration in the Puget Sound Region”4

3 Dependent upon publication of a regional ESA-NFIP webpage; ongoing coordination with FEMA Headquarters.

4 FEMA Training: NFIP-ESA Integration in the Puget Sound Region - YouTube;

https://youtube.com/playlist?list=PL720Kw_OojlI4KFPX0ZADqXQD8xKMgh9R https://www.youtube.com/playlist?list=PL720Kw_OojlI4KFPX0ZADqXQD8xKMgh9R https://youtube.com/playlist?list=PL720Kw_OojlI4KFPX0ZADqXQD8xKMgh9R

Key Milestones and Deliverables This project is anticipated to require consultant support over the course of a maximum twelve months. The milestones outlined below will be the responsibility of the consultant to complete within the established contract duration. These milestones 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.

Contract Kick-Off Meeting The consultant is expected to hold a kick-off meeting with FEMA Region 10 to discuss and refine a project plan and identify key personnel roles and responsibilities within two weeks of being awarded the contract. The format of this meeting should be determined in coordination with FEMA staff.

Project Plan The consultant will coordinate with FEMA Region 10 to include in the Project Plan, at minimum:

Stakeholder engagement plan and deliverables strategy

Project schedule

Spend plan

Identification of key personnel

Deliverable Development The consultant will hold deliverable review sessions with FEMA Region 10 either during development or 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 will guide these discussions and coordinate with FEMA Region 10 on the format for each review (video conference, phone, in-person discussion, email, presentation, etc.).

Outreach meetings, webinars, and/or other activities that the consultant performs with stakeholders to communicate the development of new guidance documents for FEMA may produce their own deliverables such as attendance lists, video conference recordings, handouts, etc. These deliverables shall also be provided to FEMA within 15 days of completion of the activity.

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

Final Deliverables The consultant will deliver final documents and any supporting materials via an appropriate digital delivery method. All documentation of outreach activities and associated records must also be maintained and delivered prior to contract closeout.