HUD Environmental Review Online System HEROS Training for Tribes and - - PowerPoint PPT Presentation

HUD Environmental Review Online System

HEROS Training for Tribes and Partners

JULY 18, 2018

Purpose of Conducting Environmental Reviews

Assurance that HUD projects are decent, safe, and sanitary

• Analysis of the impact of a project on the surrounding

environment and the impact the surrounding environment will have on a project Documentation of compliance with up to 17 federal environmental laws and authorities

• Public documents that encourage public participation
• Requirement under the National Environmental Policy Act

(NEPA)

• Requires all Federal agencies to adopt a systematic interdisciplinary

approach to decision‐making to ensure environmental values are considered

*For training resources on environmental review, please view the WISER modules and environmental resources on the HUD Exchange

Environmental Review Record (ERR)

NEPA administrative record for each project

• Includes maps, correspondence, determinations, findings, photographs,

plans, public notices, etc.

Public has the right to review

• Maintain with the public’s interest in mind

Must use correct formats

• Previously: Form HUD‐4128, Form 7015.15, Form 7015.16
• Now: HEROS‐Form HUD‐4128, HEROS Form 7015.15, HEROS Form 7015.16

What is HEROS?

What is HEROS?

HEROS is a HUD system that replaces HUD’s current paper‐based environmental review process:

• Form 4128
• Form 7015.15
• Form 7015.16
• Worksheets and paper formats

HEROS walks users through the entire environmental review process from beginning to end, including compliance with related laws and authorities. It works for Part 50 and Part 58 environmental reviews in all HUD programs.

HEROS Availability

HEROS was introduced to programs/users on a rolling schedule. ONAP is participating in a HEROS pilot through October 2018. ONAP pilot participants (Tribes, TDHEs, consultants, and PHAs) may register for HEROS and use it to conduct environmental reviews.

• Pilot participants will provide feedback during the pilot period

ONAP and the HEROS team will hold monthly webinars to gather feedback on the functionality of HEROS for ONAP programs and grantees. Starting in November 2018, HUD will open up HEROS registration to all Tribes and their partners. The Partner User Role in HEROS is only available to ONAP pilot participants, FHA Multifamily, and the RAD program at this time.

• HUD plans to allow Partners to use HEROS for Public Housing and CPD

reviews later in 2018

HEROS Pilot Participants

• North Circle Indian Housing

Authority

• Cherokee Nation
• Chickasaw Nation
• Metlakatla Regional Housing

Authority

• Tlingit Haida Regional Housing

Authority

• Knik Tribe
• Interior Regional Housing

Authority

• Choctaw Naton
• Rosebud Sioux Tribe
• Aleutian Housing Authority

with Agdaagux Tribe of King Cove

• Confederated Tribes of Siletz

Indians

• Hannahville Indian

Community

• Aroostook Band of Micmacs
• Department of Hawaiian

Homelands

• Eastern Shoshone Housing

Authority

• Paiute Indian Tribe of Utah
• Crow Tribe

Who’s Who in HEROS?

HUD Preparer Responsible Entity (RE)

• Tribe

Partner ECO

• TDHEs
• FEO/REO review and comment
• 3rd Party Consultants
• n EAs over 200 units

HEROS has Four Basic User Roles

HUD

• Perform Part 50 reviews
• Approve, monitor Part 58

reviews

Responsible Entities

• Perform Part 58 reviews

Partners

• Assist HUD and REs with

Part 50 and Part 58 reviews

State Agencies

• Act as HUD for certain

CPD programs

User Roles in HEROS

Environmental Reviews:

Part 58: Tribes prepare the environmental review and Request for Release of Funds, submit to HUD for completion of the Authority to Use Grant Funds.

• If the Tribe works with a TDHE or third‐party consultant, those partner users

may enter supporting documentation into HEROS.

• The Tribe must independently evaluate their work & complete the

environmental reviews before submitting to HUD. Part 50: HUD prepares the environmental review and may work with TDHEs or their consultants to assist with the supporting documentation.

• If HUD works with a TDHE or their consultant, those partner users may enter

supporting documentation into HEROS.

• HUD must independently evaluate their work & finalize the environmental

reviews. Certain aspects of environmental review (e.g. agency consultation) must be completed by the Tribe or HUD.

Partner Users and Organizations

Responsible Entity/HUD Partner Organization Partner User

Joe Consultant Enviro Consultants Inc. (or also TDHE) Tribe

Jane Doe TDHE HUD

HEROS Process for Partners

• 1. With this pilot, Tribal partners can now input this information

directly into HEROS. HEROS screens are equivalent to the Partner Worksheets on the HUD Exchange.

• 2. Partners can enter information in HEROS up to a certain point in

the review, after which they will be required to assign the review to the Tribe or to HUD.

Part 50: HEROS Process for HUD Preparers

HUD preparer reviews information directly in HEROS

• Follow up with partners for any missing information
• Complete all findings and determinations that must be made by HUD
• Get all required signatures in HEROS

Part 58: HEROS Process for RE Preparers

Tribe reviews information directly in HEROS

• Follow up with partners for any missing information
• Complete all findings and determinations that must be made by the

Tribe/RE

• Submit the Request for Release of Funds (RROF) to HUD

Part 58 Example Process

Partner User (TDHE/Consultant) initiates review, enters project information Partner User (TDHE/Consultant) conducts initial analysis, uploads maps and documents Responsible Entity (Tribe) reviews information entered by third party provider, makes findings and determinations, submits RROF to HUD HUD User reviews RROF, authorizes AUGF

Conducting A Review in HEROS

Cheat Sheets

Cheat sheets will have detailed information on how to comply with Program requirements

Steps in the Environmental Review

Initiate

I Initiate the review in HEROS and define project

• Tribe or Partner must initiate review

nitiate the review in HEROS and define project

• Tribe or Partner must initiate review

Determine

Determine the level of review

• Partners may make initial recommendation,

but final determination must be made by the Tribe or HUD Determine the level of review

• Partners may make initial recommendation,

but final determination must be made by the Tribe or HUD

Comply

Conduct the analysis and comply with related environmental laws and authorities

• Partners should initiate, but many steps must

be completed by the Tribe or HUD Conduct the analysis and comply with related environmental laws and authorities

• Partners should initiate, but many steps must

be completed by the Tribe or HUD

Finalize

Finalize review

• The Tribe or HUD must make findings and

determinations, sign and post environmental review record Finalize review

• The Tribe or HUD must make findings and

determinations, sign and post environmental review record

B12345

Logging In

HEROS Dashboard

Getting Started

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Initial Screen

Entering Partner Information

Text Tips

Project Summary Screen

Project Summary Screen

Field on Screen 1125 Response for Either Program Description of the proposed project Provide a project description that captures the maximum anticipated scope of the proposal. It should include all contemplated actions which logically are, either geographically or functionally, a composite part of the project, regardless of the source of funding. Describe all physical aspects of the project, such as plans for multiple phases of development, size and number of buildings, and activities to be

• undertaken. Include details of the physical impacts of the project,

including whether there will be ground disturbance. If more space is required, upload a separate document below. Address Provide a representative street address for the project Location Information If the project involves new construction, affects more than one street address, or otherwise requires further explanation, describe the full geographic scope of the project in this space Upload Upload any site maps, photos, and other information on the project description and location Field Inspection Leave this section for HUD or the Tribe to complete

Project Description:

Meaningful project descriptions include… Location—describe so the public can locate Purpose and Need—describe what is being done and why it is necessary Project Beneficiaries (i.e. affordable housing project, mixed use housing project, market rate housing project) Description—provide complete details about the project/what will be done

• All activities (e.g. new construction of multifamily or single family housing,

rehabilitation of existing buildings)

• Physical description of existing and/or proposed new buildings
• Timeframe for implementation
• Size of the project (area coverage, disturbance footprint, number of units, population

served) All funding sources All development partners

• Note for Partners: Review by the HUD (for Part 50 reviews) or Tribal preparer (for Part 58

reviews) for accuracy and completeness is required

Determining Level of Review

• If the review is started by a partner (TDHE, consultant), the preparer

may make a preliminary level of review selection

• Only the Tribe or HUD can make the final level of review

determination, and must approve Partner’s selection

• Refer to the HUD Exchange for information on determining level of

review

Level of Review Guidance

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Categorically Excluded Subject to 58.5 (CEST)

• Acquisition
• Minor

repairs

• Minor single family rehab
• Disposition

Categorically Excluded not Subject to 58.5 (CENST)

• Supportive services
• Operating costs

Environmental Assessment (EA)

• New construction or

major rehab

• Full NEPA review
• ECO signoff is required

if 200+ units Environmental Impact Statement (EIS)

• New construction or

sub rehab affecting 2,500+ units/beds or with a significant impact

• See CEQ regs

Exempt

• Environmental studies
• Technical assistance

Selecting a Level of Review

Analysis and Compliance with Related Laws and Authorities

Requirements in 24 CFR 58.5 & 58.6:

Historic Properties Farmlands Protection Floodplains Noise Coastal Zone Management Explosive & Flammable Hazards Coastal Barrier Resources Airport Clear Zones Sole Source Aquifers Contaminated Sites Endangered Species Environmental Justice Wild & Scenic Rivers Flood Insurance Air Quality Wetlands

Related Laws and Authorities as a Partner

• A Partner cannot legally complete the full analysis and compliance steps

for all laws and authorities

• E.g. Section 106 consultation, 8‐Step Process
• You may make suggestions and initial analysis, but the Tribe or HUD will make

final determinations

• To ensure that Tribes review each related law and authority, Partners may not

reply to the final question on each screen (“Are formal compliance steps or mitigation required?”)

• However, HEROS requires that each screen be fully complete before you

can upload documents

• Respond to all questions using your best suggestions for HUD or the RE Tribe
• In the compliance determination box, explain your actions and suggestions
• Be explicit about which responses are final and which are advisory
• Tribes and HUD will complete these screens using your feedback

Partner Worksheets

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34

Tribe or HUD Preparer Partner Can Initiate

Floodplain Management

Partners should create a FIRMette with the site marked and identify whether the project site contains any floodplains

• Make a preliminary suggestion as to whether an exception in 24 CFR

55.12 applies

• If the 8‐Step or 5‐Step Process is required, work with the Tribe or

HUD to complete that process

• Partners should not conduct any part of the 8‐ or 5‐Step Process

without first consulting with the Tribe or HUD

Partner Entries in HEROS

Tribe or HUD Entries in HEROS

Wetlands Protection

If project involves ground disturbance:

• Use the National Wetlands Inventory as a preliminary screening tool

to determine whether the site contains a wetland

• Provide secondary sources (e.g. National Soil Survey, state/local

information) as necessary

• If so, consult with the Tribe or HUD to determine whether to consult

with US Fish and Wildlife or complete a wetlands delineation survey

• If 8‐Step Process is required, coordinate with the Tribe or HUD: only

the RE/HUD may complete the 8‐Step Process

Endangered Species

Partners should not contact of the US Fish and Wildlife Service or NOAA Fisheries.

• If consultation is required, Partners should coordinate with HUD.

Historic Preservation

Partners should not contact State Historic Preservation Officers (SHPOs)

• r Tribal Historic Preservation Officers (THPOs)
• Make a preliminary suggestion regarding the consulting parties and

the effects determination

• Describe your conclusions
• If the project includes ground disturbance or is in or near a historic

building or a historic district, coordinate with the Tribe as soon as possible

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Environmental Assessments

EA Factor Guidance

EAs in HEROS

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48

HEROS Hint: Save Your Work Often!

Mitigation Measures

49

Final Screen: Partners

51

Save this document and email it to the Tribe or HUD when you assign the review

Assigning the Review: Partners

Follow up outside the system to make sure the new assignee is available before assigning the review.

• Part 58: Assign the review to your Tribal RE contact
• Part 50: Assign the review to your HUD ONAP contact (Grants Management

Specialist)

Both assignee and assignor will receive a system‐generated email. The only people who can change an assignment are the current Assigned User and users with Admin privileges.

• If you assign a review and need to change it back, you must work with an

Admin User to get it back.

Assigning the Review

Assignment History Screen

Posting to the HUD Exchange

Completed environmental reviews will be archived on HUD Exchange for one year for standard reviews and five years for tiered reviews. https://www.hudexchange.info/environmental‐review/environmental‐review‐records/

Final Screens: Tribes

THE REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION PROCESS

RROF Overview

• To finalize the review, the RE Tribe must submit the Request for

Release of Funds and Certification (RROF/C) – 7015.15 to the local HUD Field Office

• After receiving the RROF/C, HUD completes the Authority to Use Grant

Funds – 7015.16

• Only HUD can edit this screen in HEROS
• The RE Tribe or grantee can only use funds and begin project activities after

HUD completes the 7015.16

• HUD only receives the RROF/C – 7015.15 for CEST, EA, and EIS level

projects

The RROF/AUGF Process

The Tribe Submits 7015.15 HUD Reviews 7015.15 and Public Notice HUD Prepares 7015.16 HUD Approves the 7015.16 HUD Marks the review complete Assign back to Tribe

15‐day objection period

RROF in HEROS

RROF in HEROS

Assign the Review to HUD

Registering for HEROS

• If you do not have HEROS access and are participating in

the ONAP HEROS Pilot, please use the link emailed to you to complete the HEROS Access Form.

• If you are not participating in the ONAP Pilot, you will

receive information from HUD when HEROS registration is available.

Tools and Resources

HEROS Resources

Training materials on the HUD Exchange include:

• User Guide
• How‐To Videos
• FAQs
• HUD Exchange “Ask A Question”
• Live Q&A Webinars
• HEROS Worksheets

Materials are available at: https://www.hudexchange.info/environmental‐review/heros

Environmental Resources

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https://www.hudexchange.info/programs/environmental‐review/

WISER Modules

Getting Started (Part 50 and Part 58) Tools and Resources Airport Hazards Endangered Species Noise Abatement and Control Water Elements

• Floodplain Management
• Flood Insurance
• Coastal Barrier Resources
• Coastal Zone Management
• Sole Source Aquifers
• Wetlands

Environmental Justice Environmental Assessment Factors/Site Planning Explosive and Flammable Facilities Wild & Scenic Rivers Farmland Air Quality Historic Preservation: The Section 106 Process Site Contamination

Program Environmental Resources

The Environmental Review Resources page on the ONAP Codetalk website provides links to the information on the HUD Exchange and the latest HUD and ONAP environmental compliance updates ONAP has a few program guidances and Notices on the environmental review process that apply only to ONAP programs, which are available

• n Codetalk

Questions?

Technical questions about HEROS should go to Ask A Question at https://www.hudexchange.info/get‐assistance/my‐question/. Project‐specific or environmental review questions should go to your ONAP Grants Management Specialist.