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

Environmental Review Process for Responsible Entities 24 CFR Part 58 1

Presenters Danielle Schopp, Senior Environmental Officer Ann Herring, State of Louisiana, OCD/DRU, Environmental Manager 2

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 3

Why?  Project is Federally Funded  In whole, or  In Part Requires Compliance with 24 CFR Part 58 4

National Environmental Policy Act 1969 NEPA:  Federal Environmental Policy  Federal Law  Protect, Restore, and Enhance the Human and Natural Environment 5

NEPA Shared Responsibility :  The President  The Courts  The Federal Agencies 6

NEPA  Environmental Study  Agency Comments  Public Document  Scientific Analysis  Relevant Issues 7

HUD Regulations  24 CFR Part 58 Procedure for Res  24 CFR Part 51 Hazards  24 CFR Part 55 Floodplains 8

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 9

Laws and Authorities 58.5  Historic Preservation 10

Laws and Authorities 58.5  Historic Preservation  Floodplain & Wetlands 11

Laws and Authorities 58.5  Historic Preservation  Floodplain & Wetlands  Endangered Species 12

Laws and Authorities 58.6 OTHER  Flood Insurance  Coastal Barrier  Airport Clear Zone 13

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. 14

Laws and Authorities 58.5 15

Laws and Authorities 58.5: ATEC, Noise Calculator 16

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 17

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 18

Level of Review • Full Assessment • Categorically Excluded • Categorically Excluded NOT Subject to 58.5 • Exempt 19

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 20

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 21

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 22

Environmental Assessment 24 CFR Part 58.36 Projects that are not Categorically Excluded or Exempt Require a Full Assessment 23

Environmental Assessment The NEPA portion of the review:  Designed to determine if a EIS is required  Requires alternatives  Requires early consultation  Broad interdisciplinary study 24

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 25

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 26

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 27

Commitment of Funds  After application for federal funds, neither recipient nor partner may commit or expend funds until environmental review is complete 28

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 29

Commitment of Funds 24 CFR Part 58.22  Conditional Contract  for acquisition of existing single family home and/or rehab or demolition 30

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). 31

Implement the Preferred Alternative 32

Questions? Contact Information Danielle Schopp Danielle.L.Schopp@hud.gov Ann Herring Ann.Herring@LA.gov 33