Environmental Review Process for Responsible Entities 24 CFR Part - - PowerPoint PPT Presentation

Environmental Review Process for Responsible Entities

24 CFR Part 58

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Danielle Schopp, Senior Environmental Officer Ann Herring, State of Louisiana, OCD/DRU, Environmental Manager

Presenters

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Field Disaster Grant Environmental Contacts

Les Berman, REO (TX) 817-978-5983 Shelia Gilmore, FEO (LA) 504-589-7212 EXT.1041 Linda Poythress, REO (FL, AL and MS) 678-732-2557 Paul Mohr, REO (MO, KS,IA) 913-551-5818 Steve Vahl, REO (IL, WI, MI, IN, OH) 312-913-8728

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Why?

• Project is Federally Funded
• In whole, or
• In Part

Requires Compliance with 24 CFR Part 58

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National Environmental Policy Act 1969 NEPA:

• Federal Environmental Policy
• Federal Law
• Protect, Restore,

and Enhance the Human and Natural Environment

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NEPA

Shared Responsibility:

• The President
• The Courts
• The Federal

Agencies

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NEPA

• Environmental Study
• Agency Comments
• Public Document
• Scientific Analysis
• Relevant Issues

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HUD Regulations

• 24 CFR Part 58 Procedure for Res
• 24 CFR Part 51 Hazards
• 24 CFR Part 55 Floodplains

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Laws and Authorities 58.5

• Historic Preservation
• Floodplain & Wetlands
• Coastal Zone
• Aquifers
• Endangered Species
• Wild & Scenic Rivers
• Air
• Farmlands
• HUD Env. Standards – Noise, Acceptable Distance,

Toxics, Runway Clear Zones

• Environmental Justice

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Laws and Authorities 58.5

• Historic Preservation

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Laws and Authorities 58.5

• Historic Preservation
• Floodplain & Wetlands

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Laws and Authorities 58.5

• Historic Preservation
• Floodplain & Wetlands
• Endangered Species

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Laws and Authorities 58.6 OTHER

• Flood Insurance
• Coastal Barrier
• Airport Clear

Zone

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Flood Insurance

• For loans, loan insurance, or guarantees, the

amount of flood insurance coverage need not exceed the outstanding principal balance of the loan.

• For grants and other non-loan forms of financial

assistance, the amount of flood insurance coverage must be at least equal to the maximum limit of coverage made available by the Act ($250,000 for residential; $500,000 for nonresidential) or the development or project cost, whichever is less.

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Laws and Authorities 58.5

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Laws and Authorities 58.5: ATEC, Noise Calculator

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Who’s Responsible? 58.4 State Disaster Funds

• Grants to Local Government
• LG Responsible
• RROFs to State
• Grants to Others
• State Responsible
• RROF to HUD Headquarters

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Steps for ER

• 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

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Level of Review

• Full Assessment
• Categorically

Excluded

• Categorically

Excluded NOT Subject to 58.5

• Exempt

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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 assistance for imminent threats
• Payment of principal and interest

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Categorically Excluded Activities not subject to 58.5

• Tenant-based Rental Assistance
• Supportive Services
• Operating Costs (utilities, supplies)
• ED Costs (non-construction)
• Pre-development Costs
• Supplemental Assistance

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Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)

• Public Facilities < 20% increase
• Projects for accessibility and mobility
• Rehab of SF no increase in FP or WL
• Minor Rehab of Multifamily (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)
• Individual action

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Environmental Assessment 24 CFR Part 58.36

Projects that are not Categorically Excluded or Exempt Require a Full Assessment

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Environmental Assessment

The NEPA portion of the review:

• Designed to determine if a EIS is

required

• Requires alternatives
• Requires early consultation
• Broad interdisciplinary study

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Environmental Impact Statement “EIS” 24 CFR Part 37 Completed for:

• Controversial Projects
• Findings of Significant Impacts (FOSI)
• Large projects (2,500 or more units)
• Unless regulations are the only reason

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Public Notification

• EA:

Combined Notice (FONSI and NOI)

• CE that “trigger” compliance:

NOI/RROF only

• CE No Compliance Triggered

None

• CE Not Subject to 58.5:

None

• Exempt:

None

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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/State2727 Comment Period 15 days

February 18, 2010 Certifying Official

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• After application for federal

funds, neither recipient nor partner may commit or expend funds until environmental review is complete Commitment of Funds

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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

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Commitment of Funds

24 CFR Part 58.22

• Conditional Contract
• for acquisition of existing single

family home and/or rehab or demolition

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Commitment of Funds- conditional contract

24 CFR Part 58.22

• The purchase contract includes the appropriate

language for a conditional contract (see below);

• Notification from RE that transfer should go

forward, on the basis of the environmental review; and

• Any deposit using funds or other funds is

refundable if the conditions are not met, or if non-refundable, is nominal ($1000 or less).

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Implement the Preferred Alternative

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Questions?

Contact Information Danielle Schopp Danielle.L.Schopp@hud.gov Ann Herring Ann.Herring@LA.gov

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