Environmental Review Process for

Responsible Entities

24 CFR Part 58

Danielle Schopp, Office of Environment and Energy

Joe Devlin, Office of General Counsel

Presenters

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

National EnvironmentalPolicy Act 1969

NEPA:Protect, Restore and Enhance the Human Environment

NEPA

• Environmental Study Public Document Ensures that envt’l 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

• 24 CFR Part 58 Procedure for REs• 24 CFR Part 51 Noise & Hazards• 24 CFR Part 55 Floodplains

HUD Environmental Regulations

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))

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

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands

Laws and Authorities 58.6OTHER

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

Laws and Authorities 58.6OTHER

Coastal Barriers

Clear Zones

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

Environmental Review Process and Restrictions

Once applicant applies for HUD assistance, the project becomes “federal” and HUD’s 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

Funds are committed when: Sign a legally binding Contract

Commitment of Funds

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)

Commitment of Funds24 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

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

Commitment of Funds

Identify the Project

What is the scope? What Activities will be included? What is the location?

Get MapsPlanning Area MapWetlands MapFloodplain MapHistorical Districts Map

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

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)

Level of Review

• Full AssessmentFull Assessment

• Categorically ExcludedCategorically Excluded

• Categorically Excluded NOT Categorically Excluded NOT Subject to 58.5Subject to 58.5

• ExemptExempt

Exempt Activities24 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

Categorically Excluded Activities not subject to 58.5-

24 CFR 58.35(b)

Tenant-based Rental assistanceSupportive ServicesOperating costs (utilities, supplies) ED costs (non-construction)Pre-development costsSupplemental Assistance

Categorically Excluded subject to 58.524 CFR 58.35(a)

Public Facilities < 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 - < 20% change in density) Rehab of Nonresidential (no change in use - < 20% change in density) Acquisition/Disposition no change in use

Environmental Assessment24 CFR Part 58.36Environmental Assessment24 CFR Part 58.36

Projects that are not Categorically Excluded or Exempt

Require a Full Assessment

Environmental AssessmentEnvironmental Assessment

NEPA portion of the review:Designed to determine if an EIS is

requiredRequires analysis of alternativesRequires early consultationBroad Interdisciplinary study

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

Public NotificationEA:Combined Notice (FONSI and NOI)

CE that “triggers” compliance: NOI/RROF only

CE No Compliance TriggeredNone

CE Not Subject to 58.5 : None

Exempt: None

Public Comment Periods24 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, 2009CertifyingOfficial

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.

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

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.

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

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

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

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

DON’T 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!

Field Environmental Contacts

Questions

Contact Information

Danielle Schopp 202.402.4442 or Danielle.L.Schopp@hud.gov

Joe Devlin 202.402.5117 or

Joseph.Devlin@hud.gov