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Environmental Review Process for Responsible Entities

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Review Process for Responsible Entities 24 CFR Part 58 Tiering How? Rehab Program need to identify the process for the site-specific review. – PowerPoint PPT presentation

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Title: Environmental Review Process for Responsible Entities


1
Environmental Review Process for Responsible
Entities
  • 24 CFR Part 58

2
Danielle Schopp, Office of Environment and
Energy Joe Devlin, Office of General Counsel
Presenters
3
Why?
  • They ensure a quality project by
  • Assuring a safe, decent and sanitary
    environment for people occupying or residing
    there
  • Taking impacts on the environment into
    account
  • Ensuring the project site is suitable for the
    activity
  • being proposed
  • They prevent time delays and cost overruns that
    might otherwise occur because of unknown
    environmental conditions

4
National Environmental Policy Act 1969
  • NEPA
  • Protect, Restore
  • and Enhance
  • the Human
  • Environment

5
NEPA
  • Environmental Study
  • Public Document
  • Ensures that envtl information
  • is available to the public BEFORE
  • decisions are made and BEFORE
  • actions are taken
  • Helps public officials make decisions with an
    understanding of environmental consequences

6
HUD Environmental Regulations
  • 24 CFR Part 58 Procedure for REs
  • 24 CFR Part 51 Noise Hazards
  • 24 CFR Part 55 Floodplains

7
HUD environmental review Part 58
  • Chief Elected Official of the jurisdiction
    assumes responsibility for environmental review
    and must sign the Request for Release of Funds
    and Certification (58.10, 58.13)
  • Chief Elected Official accepts the jurisdiction
    of the Federal Courts for the responsible entity
    for the environmental review (58.13(a))

8
Laws and Authorities 58.5
  • Historic Preservation Act
  • Floodplain Management Wetlands Protection
    Executive Orders
  • Coastal Zone Management Act
  • Safe Drinking Water Act
  • Endangered Species Act
  • Wild Scenic Rivers Act
  • Clean Air Act
  • Environmental Justice Executive Order
  • Aquifers
  • Farmland Protection Act
  • HUD Environmental Criteria Standards
  • Noise Abatement and Control
  • Near Explosives or Flammable Sites
  • Near Airport Runway Protection Zones
  • Toxic Hazards

9
Laws and Authorities 58.5
  • Historic Preservation
  • Floodplain Wetlands

10
Laws and Authorities 58.6 OTHER
  • Flood Insurance
  • When do you need it?
  • If project is located within a Special Flood
    Hazard Area 100 year FP
  • How much coverage?
  • For loans outstanding principal balance of the
    loans
  • For grants equal to the development or project
    cost (less estimated land cost, if any) or to the
    maximum limit of coverage made available by the
    Act

11
Laws and Authorities 58.6 OTHER
  • Coastal Barriers
  • Clear Zones

12
Steps
  • Define the project
  • Aggregate activities
  • Study Alternatives
  • Determine Level of Review
  • Conduct Review
  • Publish or Post When required
  • Request Release of Funds (RROF)
  • Receive Authority To Use Grant Funds
  • Commit Funds and Implement Project
  • Monitor Mitigation

13
Environmental Review Process and Restrictions
  • Once applicant applies for HUD assistance, the
    project becomes federal and HUDs restrictions
    at 58.22 apply.
  • 58.22 prohibits recipient and any other partners
    in the development process from committing or
    expending HUD or non-HUD funds on the project if
    the activity would have an adverse environmental
    impact or limit the choice of reasonable
    alternatives

14
Commitment of Funds
  • Funds are committed when
  • Sign a legally binding Contract

15
Choice Limiting Actions
  • Must oversee actions of sub-recipient
  • Choice-limiting actions will reduce or eliminate
    your opportunity to choose alternatives
  • Examples property acquisition, leasing,
    demolition, rehabilitation, construction and site
    improvements (including site clearance)

16
Commitment of Funds 24 CFR 58.22
  • Conditional Commitment
  • Subject to the ER any mitigating conditions
  • See HOME Program Notice 01-11
  • Section IV Item C
  • Legally Binding Document
  • Must prevent construction by 3rd party prior to
    RROF
  • Option agreements are allowed

17
Commitment of Funds
  • Notice to third Party
  • 24 CFR Part 58.22(a) and (c)
  • Upon receipt of the Application the State must
  • notify applicants in writing
  • no choice limiting actions
  • prior to receiving HUD 7015.16

18
Identify the Project
  • What is the scope?
  • What Activities will be included?
  • What is the location?
  • Get Maps
  • Planning Area Map
  • Wetlands Map
  • Floodplain Map
  • Historical Districts Map

19
Identify the Project Aggregation 24 CFR 58.32
  • Local grantees must group together and evaluate,
    as a single project, all individual activities
    that are related either geographically,
    functionally, or are logical parts of a composite
    of contemplated actions
  • In projects with multiple or groups of
    activities, the environmental review must be
    completed utilizing the highest level of review
    relative to the groups included in the project

20
Importance of Early Start
  • Begin environmental review process as early as
    possible 58.30(b)
  • Typical times required to complete range from 1
    to 120 days
  • Allow time for periods of public comment on
    environmental notices, including Finding of No
    Significant Impact (FONSI) and the Notice of
    Intent to Request Release of Funds (NOI-RROF)

21
Level of Review
  • Full Assessment
  • Categorically Excluded
  • Categorically Excluded NOT Subject to 58.5
  • Exempt

22
(No Transcript)
23
Exempt Activities 24 CFR Part 58.34(a)
  • Environmental, planning design costs
  • Information financial services
  • Administrative/management activities
  • Public services (no physical impact)
  • Inspections
  • Purchase of tools/insurance
  • Technical assistance training
  • Temporary assist. for imminent threats
  • Payment of principal and interest

24
Categorically Excluded Activities not subject to
58.5- 24 CFR 58.35(b)
  • Tenant-based Rental assistance
  • Supportive Services
  • Operating costs (utilities, supplies)
  • ED costs (non-construction)
  • Pre-development costs
  • Supplemental Assistance

25
Categorically Excluded subject to 58.5 24 CFR
58.35(a)
  • Public Facilities lt 20 increase
  • Projects for accessibility and mobility
  • Rehab of SF no increase in FP or WL
  • Minor Rehab of Multi-family (no change in use
  • - lt 20 change in density)
  • Rehab of Nonresidential (no change in use
  • - lt 20 change in density)
  • Acquisition/Disposition no change in use

26
Environmental Assessment 24 CFR Part 58.36

Projects that are not Categorically Excluded or
Exempt Require a Full Assessment
27
Environmental Assessment
  • NEPA portion of the review
  • Designed to determine if an EIS is required
  • Requires analysis of alternatives
  • Requires early consultation
  • Broad Interdisciplinary study

28
Environmental Impact Statement EIS 24 CFR Part
37
  • Completed for
  • Findings of Significant Impacts (FOSI)
  • Large projects (2,500 or more units)
  • Unless regulations are the only reason

29
Public Notification
  • EA
  • Combined Notice (FONSI and NOI)
  • CE that triggers compliance
  • NOI/RROF only
  • CE No Compliance Triggered
  • None
  • CE Not Subject to 58.5
  • None
  • Exempt
  • None

30
Public Comment Periods 24 CFR part 58.45
  • NOI/FONSI - 15 days from Publication
  • 18 days from Posting
  • NOI - 7 days from Publication
  • 10 days from Posting
  • RE must consider comments prior to submitting its
    RROF to HUD/State
  • HUD/State Comment Period 15 days

January 28, 2009 Certifying Official
31
Environmental Review Record
  • Written record of review
  • Must be available for public inspections
  • Let the file tell the story include project
    description, maps, photographs, studies,
    correspondence, public notices, etc.

32
Tiering 24 CFR 58.15
  • Why use tiering?
  • - efficiency review those matters ripe for
    review and decision in broad review, and
    evaluate strategy and process for site specific
    reviews
  • - cost effective pay for one public notice
  • Example use tiering for citywide single family
    rehabilitation program

33
Tiering How?
  • Broad Review
  • - Describe the program
  • - Describe the process or strategy for
    site- specific review
  • - Evaluate environmental factors
  • Rehab Program broad review include compliance
    with many of the related laws at 58.5 such as
    Sect. 106 Programmatic Agreement for Historic
    Preservation.

34
Tiering How?
  • Rehab Program need to identify the process for
    the site-specific review.
  • For instance, each property needs Floodplain
    Map, Historic Preservation review, Toxic review
  • Important file tells the story, including the
    strategy, process and supporting documentation

35
Tiering How?
  • The FONSI must include summary of the assessment
    and identify the significant issues to be
    considered in the site-specific reviews.
  • For site-specific reviews, subsequent notices are
    only needed when the Chief Elected Official
    determines unanticipated impacts or impacts not
    adequately addressed in prior review

36
Tiering - Considerations
  • Always need site-specific review
  • Consider the intent of NEPA to provide public
    input does your broad review and publication
    adequately describe the project?
  • Reconsider broad level review when circumstances
    change, 58.32(d)(2), 58.47

37
Conclusion - Important Tips
  • Recognize the additional time that will be
    required if the project is in the Floodplain or
    has historic implications
  • Responsible for ensuring flood insurance is
    maintained
  • DONT SPEND A DIME until the environmental
    review is complete and you have received an
    approved Request for Release of Funds
  • When in doubt, contact your local environmental
    officer!

38
Field Environmental Contacts
39
Questions
  • Contact Information
  • Danielle Schopp 202.402.4442 or
    Danielle.L.Schopp_at_hud.gov
  • Joe Devlin 202.402.5117 or
  • Joseph.Devlin_at_hud.gov
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