Environmental Review Process for Responsible Entities

1. Environmental Review Process for Responsible Entities NEIGHBORHOOD STABILIZATION PROGRAM 24 CFR Part 58

2. Why? • Project is Federally Funded • In whole, or • In Part Requires Compliance with 24 CFR Part 58

3. National EnvironmentalPolicy Act 1969 NEPA: • Federal Environmental Policy • Federal Law • Protect, Restore and Enhance the Human Environment

4. NEPA Shared Responsibility: • The President • The Courts • The Federal Agencies

5. Environmental Study Agency Comments Public Document Scientific Analysis Relevant Issues NEPA

6. NEPA • Established the CEQ • Executive Office of the President • CEQ Regs 42 CFR 1500 • Agency Regs Consistent w/NEPA • Oversees Federal Agencies ERs • Cooperating Agreements

7. 24 CFR Part 58 Procedure for REs 24 CFR Part 51 Hazards 24 CFR Part 55 Floodplains 24 CFR Part 50 HUD Procedure HUD Regulations

8. Historic Preservation Laws and Authorities 58.5

9. Historic Preservation: Neighborhood Stabilization Program (NSP)

10. National Historic Preservation Act (16 U.S.C. 470 et. seq.) • GOALS: • Establish broad agency responsibilities to protect & preserve historic properties (Section 110) • Require agencies to consider effects of their projects on historic properties (Section 106)

11. What’s a historic property? • Buildings, objects, districts, sites, or structures usually 50+ years old; AND • Listed on or eligible for listing on the National Register of Historic Places

12. Section 106 of NHPA • REQUIREMENTS: • Take into account the effects of your NSP project on historic properties • Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment

13. The Regulation • 36 CFR Part 800, “Protection of Historic Properties” • Establishes a 4-step compliance process • Mandates consultation, notpreservation • Agency is the decision-maker

14. What triggers 106? • Federal funding – use of NSP funds • Project is defined as an “undertaking” • Project has potential to cause effects to historic properties

15. Is your NSP project exempt? • Refer to §58.34 and § 58.35(b) to see if your project is exempt or categorically excluded not subject to… • If so, then under 106, you may make the unilateral decision that the project has “no potential to cause effects” • Does an existing Programmatic Agreement exempt your activity?

16. Key Points • Important to comply • Start early; it takes time to complete • Can hold up your project; prevent ROF • Key partner: State Historic Preservation Officer • Rely on existing tools • Historic Property surveys • Programmatic Agreement for CDBG may be used for compliance

17. HUD Tools Available • HUD Historic Preservation website: • http://www.hud.gov/offices/cpd/environment/ review/historic.cfm • CDBG Pamphlet, “Preserving America” • Webcast on Section 106 Basics • Tribal Directory Assessment Tool • Section 106 NSP “Toolkit” • Helpful tips and guidance • Sample correspondence & Programmatic Agreement

18. Historic Preservation Floodplain & Wetlands Laws and Authorities 58.5

19. Historic Preservation Floodplain & Wetlands Coastal Zone Laws and Authorities 58.5

20. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Laws and Authorities 58.5

21. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Laws and Authorities 58.5

22. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Laws and Authorities 58.5

23. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Laws and Authorities 58.5

24. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Farmlands Laws and Authorities 58.5

25. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Farmlands HUD Env. Standards Laws and Authorities 58.5

26. Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Farmlands HUD Env. Standards Environmental Justice Laws and Authorities 58.5

27. Clear Zone Laws and Authorities 58.6OTHER • Flood Insurance • Coastal Barrier

28. NSP to States Grants to Local Government LG Responsible RROFs to State Grants to Others State Responsible RROF to HUD local CPD Who’s Responsible?58.4

29. Grants to a Unit of Local Government Must assume Part 58 for: Formula Grants Neighborhood Stabilization Grant is a formula grant RROF to HUD or the State To the entity who provides the funding to the local government Who’s Responsible? --58.4

30. 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 Steps

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

32. Exempt Activities24 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 assist. for imminent threats • Payment of principal and interest

33. 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 (NEW to Regs)

34. Categorically Excluded subject to 58.524 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 Multi-family (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 – land banking

35. Environmental Assessment24 CFR Part 58.36 Projects that are not Categorically Excluded or Exempt Require a Full Assessment

36. Environmental Assessment Is the NEPA portion of the review: • Designed to determine if a EIS is required • Requires alternatives • Requires early consultation • Broad Interdisciplinary study

37. 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

38. 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

39. Public Comment Periods24 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/State Comment Period 15 days July 28, 2004 Certifying Official

40. Commitment of Funds24 CFR Part 58.22 • Funds are committed when: Signature of a legally binding, irrevocable, contract is signed

41. Commitment of Funds Notice to third Party • 24 CFR Part 58.22 (a)and(c) • Upon receipt of the Application the State or local government must: • notify applicants in writing that they may take no choice limiting actions prior to receiving HUD 7015.16

42. Options24 CFR Part 58.22 (d) Options to purchase property are allowed prior to receiving ATUGF if: • Cost is nominal • Site can be rejected based on environmental finding

43. Implement the Preferred Alternative