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The Lifecycle of Grants: Environmental Review

The Lifecycle of Grants: Environmental Review. November 7, 2012. Tim Allen and Cecilia Castillo Office of Community Development (614) 466-2285 TimothyM.Allen@development.ohio.gov Cecilia.Castillo@development.ohio.gov www.development.ohio.gov. Training Materials.

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The Lifecycle of Grants: Environmental Review

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  1. The Lifecycle of Grants:Environmental Review November 7, 2012

  2. Tim Allen and Cecilia Castillo Office of Community Development (614) 466-2285 TimothyM.Allen@development.ohio.gov Cecilia.Castillo@development.ohio.gov www.development.ohio.gov

  3. Training Materials • Environmental Review Flowchart • ER Levels Information Sheets • *New* Environmental Review Worksheets

  4. www.development.ohio.gov

  5. www.hud.gov

  6. www.hud.gov

  7. Applying HUD’s Floodplain Management and Wetlands Protection Standards Basics of a Part 58 Review

  8. Training Outline • Environmental Review Basics • Levels of Review

  9. Environmental Review Background • National Environmental Policy Act of 1969, as amended (NEPA) • Housing and Community Development Act of 1974 • HUD ER Regulations: 24 CFR Part 58

  10. Other Environmental Laws • Floodplain Management: 1977 • National Historic Preservation Act: 1966 • Wild and Scenic Rivers: 1968 • Wetlands: 1977 • Farmlands Protection Policy Act: 1981 • Clean Air Act: 1970 • Sole Source Aquifers: 1974 • Endangered Species Act: 1973

  11. Other Environmental Laws • Certain types of HUD projects require compliance with other environmental laws • For these projects, compliance with related environmental laws will form the core of the environmental review process

  12. Applicability • All HUD-funded activities - including those funded with Program Income - require an environmental review.

  13. Documentation • Grantees must maintain an environmental review file for each activity that documents decision-making and process

  14. Environmental Review Timing • Start early! • Grantees may not commit funds, or enter into contracts, until the State of Ohio issues a Release of Funds.

  15. ER Overview • Project Scope • Determine Level of Environmental Review • Conduct Environmental Review • Public Notices • RROF and/or Certification

  16. Determine Scope of Project • Identify Activities • Aggregate Related Activities for ER (per 24 CFR 58.32)

  17. Determine Level of Review • Exempt • Categorical Exclusion • Environmental Assessment

  18. Exempt • No environmental review, consultation, or other action under NEPA • Includes: Environmental and other studies, Administration, Public services, Purchase of tools, Engineering or design costs, Training…

  19. Admin, Planning, andFair Housing • Some OCD programs include an Environmental Review Documentation and Certification Form for General Administration, Planning, and Fair Housing in the program application • This document constitutes an environmental release for these three activities

  20. File Guide

  21. Categorical Exclusion • Category of activities for which no environmental impact statement or environmental assessment and Finding of No Significant Impact (FONSI) under NEPA is required.

  22. Categorical Exclusion • Subdivided by required compliance with “related laws and authorities” (24 CFR 58.5) Not subject to §58.5 Subject to § 58.5

  23. Other Environmental Laws • Floodplain Management: 1977 • National Historic Preservation Act: 1966 • Wild and Scenic Rivers: 1968 • Wetlands: 1977 • Farmlands Protection Policy Act: 1981 • Clean Air Act: 1970 • Sole Source Aquifers: 1974 • Endangered Species Act: 1973

  24. Categorical Exclusion,Subject to Sec. 58.5 • Public facilities improvements, Architectural barriers, certain Rehabilitation, Acquisition…

  25. “Individual Action” • Up to four dwelling units where there is a maximum of four units on any one site • Five or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site

  26. “Individual Action” • Clarification of Individual Action (on Housing units) as a Categorical Exclusion, Subject to Sec. 58.5 • New construction, development, demolition, acquisition, disposition, or refinancing

  27. Notice of Intent to Request Release of Funds (NOI/RROF) • Newspaper of general circulation, non-legal section • ERR must be complete prior to publication • 7-day comment period • Submit RROF to State • 15-day objection period

  28. Categorical Exclusion,Not Subject to Sec. 58.5 • Tenant-based rental assistance, Supportive services, Operating costs, certain Economic Development activities…

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