Page 0 2013 CDBG Recipients' Workshop Community Finance Division NEPA Environmental Procedures.
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Transcript of Page 0 2013 CDBG Recipients' Workshop Community Finance Division NEPA Environmental Procedures.
Page 12013 CDBG Recipients' Workshop
Community Finance Division
NEPA Environmental Procedures
Page 22013 CDBG Recipients' Workshop
Community Finance Division
Why Environmental Review?
• Avoid or mitigate impacts that may harm our clients,
• Avoid litigation that could stop project on environmental grounds
• Avoid monitoring findings and/or loss of CDBG financial assistance to your project
• REQUIRED – by Federal Law & Regulation under the National Environmental Policy Act of 1969 (NEPA) and NEPA related laws
Page 32013 CDBG Recipients' Workshop
Community Finance Division
Statutory & Regulatory Structure
• National Environmental Policy Act (NEPA) and implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508).
• HUD Regulations (24 CFR Part 58).• NEPA-Related Laws and Authorities (List at
24 CFR 58.5).
Page 42013 CDBG Recipients' Workshop
Community Finance Division
What is NEPA?
• A Decision Making Tool
• Ensures that environmental information is available to public BEFORE decisions are made and BEFORE actions are taken
• Helps public officials make decisions with an understanding of environmental consequences
Page 52013 CDBG Recipients' Workshop
Community Finance Division
NEPA-Related Laws/Authorities (10)
• National Historic Preservation Act (1966)• Floodplain Management & Wetlands
Protection: Executive Orders (1977)• Coastal Zone Management Act of 1972• Safe Drinking Water Act (1974) • Endangered Species Act (1973) • Wild & Scenic Rivers Act (1968)
Page 62013 CDBG Recipients' Workshop
Community Finance Division
NEPA-Related Laws/Authorities
• Clean Air Act (1970)• Farmland Protection Policy Act (1981)• HUD Environmental Criteria & Standards
▪ Noise Abatement and Control▪ Near Explosives or Flammable Sites▪ Near Airport Runway Protection Zones▪ Near Toxic Hazards
• Environmental Justice E.O. (1994)• Noise Control Act (1972)
Page 72013 CDBG Recipients' Workshop
Community Finance Division
Environmental Review Regulations24 CFR Part 58• HUD’s regulation allows local units of government
to perform NEPA responsibilities and assume the responsibilities of HUD.
• Regulation titled “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities”
• Covered in Chapter 2 of 2012 Recipients’ Manual• Compliance is a General condition of all CDBG
Awards.
Page 82013 CDBG Recipients' Workshop
Community Finance Division
Certifying Officer
• As part of CDBG grant agreement, the Chief Elected Official of the jurisdiction assumes responsibility for environmental review and must sign the Finding of No Significant Impact (FONSI) and the Request for Release of Funds /Certification.
• CEO accepts the jurisdiction of the Federal Courts for the responsible entity in environmental matters for this certification.
Page 92013 CDBG Recipients' Workshop
Community Finance Division
Do Not Take Choice Limiting Actions!
• Do not take ANY action until the environmental review compliance is achieved.▪ Including property acquisition
• Option agreements are allowable.
Page 102013 CDBG Recipients' Workshop
Community Finance Division
Importance of Early Start
• Begin environmental review process as soon as possible.
• Typical times required to complete review range from 1 to 120 days.
• Must be completed by someone competent to do review
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Community Finance Division
Steps in the Environmental Review Process• Create the Environmental Review Record.
▪ Must be Available to Public• Determine the Level of Environmental Review
Required.• Complete Environmental Assessment and
Compliance with related Laws.• Publish Required Notices According to Level of
Review.
Page 122013 CDBG Recipients' Workshop
Community Finance Division
• Submit RROF and Certification to DCA.
• Obtain Letter “Removing Environmental Conditions” from DCA.
• Maintain Documentation of Compliance (Including Mitigation) in the Environmental Review Record (ERR).
Steps in the Environmental Review Process, cont.
Page 132013 CDBG Recipients' Workshop
Community Finance Division
Levels of Environmental Review
• Four levels of review:▪ 24 CFR Part 58.34(a) Exempt ▪ 24 CFR Part 58.35 Categorically Excluded
• Categorical exclusions SUBJECT to laws and authorities at 24 CFR Part 58.5
• Categorical exclusions NOT subject to laws and authorities at 24 CFR Part 58.5
▪ 24 CFR Part 58.36 Environmental Assessment▪ 24 CFR Part 58.37 Environmental Impact Statement
Page 142013 CDBG Recipients' Workshop
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• Activities which are deemed not to affect the human and /or physical environment (i.e. environmental studies, planning, or administrative activities)
• No publication requirements
• Document finding in the environmental review record and proceed with project
Exempt Activities
Page 152013 CDBG Recipients' Workshop
Community Finance Division
• 2 Classes▪ 58.35(a) – activities SUBJECT TO other federal
laws or authorities
▪ 58.35(b) – activities NOT SUBJECT TO other federal laws or authorities
• May Convert to Exempt
Categorically Excluded
Page 162013 CDBG Recipients' Workshop
Community Finance Division
• Environmental Assessment is required if project activities are not determined to be Exempt or Categorically Excluded.
• Most CDBG funded projects require an Environmental Assessment.
Environmental Assessment
Page 172013 CDBG Recipients' Workshop
Community Finance Division
• Use current form on DCA website
• Cite Authoritative Sources of Information
• See HUD Tool
• Describe mitigation measure for any identified
negative impacts
• Evaluate all alternatives
• CEO must sign FONSI
Environmental Assessment
Page 182013 CDBG Recipients' Workshop
Community Finance Division
• Publish Concurrent Notice (FONSI-NOI/RROF
• FONSI: 15 day local comment period
• No Earlier then 16th day, submit public notice (proof of publication) and Request for Release of Funds and Certification (RROF/C) to DCA/OCD.
Process for Environmental Notices
Page 192013 CDBG Recipients' Workshop
Community Finance Division
Process for Environmental Notices• Notice allows for an additional 15 days for
public objection of RROF to DCA. This begins when DCA receives the RROF.
• DCA will release funds via a letter. Keep a copy in your ERR.
• Do not obligate choice limiting funds until release date such as acquisition or construction funds.
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Page 202013 CDBG Recipients' Workshop
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Environmental Assessment
• Documentation Sources
• http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/environment/atec
• HUD Webinar Series
Page 212013 CDBG Recipients' Workshop
Community Finance Division
• Limited number of CDBG Grantees have Section 106 related Special Condition
DNR/HPD Review Comments
Page 222013 CDBG Recipients' Workshop
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1. Determine if project area is located in a floodplain or wetland
2. Publish “early” notice of proposal to allow public to consider and comment on action (15 day comment period)
3. Evaluate practicable alternatives to locating project in a floodplain or wetland
4. Identify potential direct and indirect impacts associated with project occupancy and modification of floodplain or wetland
Floodplains and HUD “8 Step” Process
Page 232013 CDBG Recipients' Workshop
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5. Design or modify actions to minimize adverse impacts and preserve floodplain
6. Reevaluate whether proposed action is practicable/feasible in light of flood hazards and costs of minimization
7. Publish final notice of decision, identify why there is “ no practicable alternative” and mitigation measures adopted (can be combined with FONSI notice.)
8. Obtain approval (receive RROF/C) and implement action with mitigation
8-Step Process, cont.
Page 242013 CDBG Recipients' Workshop
Community Finance Division
Important Tips
• Change of scope in project might require additional review.
• DON’T SPEND A DIME – until your ER is complete and you have received Release of Funds from DCA▪ Exception for Admin and Design Costs
• When in doubt – contact DCA/CDBG staff!
Page 252013 CDBG Recipients' Workshop
Community Finance Division
New Requirements• Phase One for Certain Projects
• Tribal Consultation for Certain Project Locations▪ See NEW CPD Notice in Appendix▪ Process is very similar to Section 106
process?▪ Note the revised RROF/Certification
Page 262013 CDBG Recipients' Workshop
Community Finance Division
Tool for Tribal Consultation
• http://egis.hud.gov/tdat/Tribal.aspx
▪ Notice▪ Determine what tribes to Consult▪ Address Tool▪ Sample Letter
Page 272013 CDBG Recipients' Workshop
Community Finance Division
Contacts
• Michael Casper
404.679.0594
• Pam Truitt
404.679.5240