ENVIRONMENTAL REVIEW ENVIRONMENTAL COMPLIANCE PROCESS FOR HUD GRANTEES

ENVIRONMENTAL REVIEW ENVIRONMENTAL COMPLIANCE PROCESS FOR HUD GRANTEES

National Environmental Policy Act of 1969 Signed into law, January 1, 1970 Nixon named Man of the Year in 1972, environmental policy cited.

CEQ issues NEPA Regulations President Carter issued an Executive Order authorizing the CEQ to establish definitive regulations for implementation of NEPA. Issued on Nov 29, 1978, effective on Nov 30, 1979 40 CFR Part 1500 1500.6 Instructed federal agencies to adopt their own specific NEPA implementation regulations. (24 CFR 58 & 50)

HUD s Environmental Regulations 24 CFR Part 58 -- Local Government Review Unit of Local Government accepts HUD responsibility 24 CFR Part 51 -- Manmade Hazards Noise Explosives and Thermal Runway Clear Zones 24 CFR Part 55 -- Floodplains & Wetlands 4

HUD Environmental Review Procedures incorporates CEQ regulations assumption procedures for unit of local government Responsible Entity accepts federal status applicable to most HUD programs defines levels and thresholds of environmental reviews procedures for Release of (environmental restriction) Funds process 5

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

HUD Responsibilities Under Part 58 Approve HUD 7015.15 RROF and Certification Complete 7015.16: Removal of Grant Condition Maintain log 4/3/2013

24 CFR 58.22 Limitations on Activities Pending Clearance 8

Essential Concept The physical activities cannot begin until the ER is complete No after the fact reviews 9

EXCEPTIONS HUD guidance on allowance for reimbursement actions under H.R. 152 Hurricane Sandy Supplemental Appropriation Only Single Family Residential Minor Rehab Conducted/committed to prior to action plan. Must meet minor rehab definition and be exempt from 8 step flood process Outside of floodway Flood Insurance is still required ERR will be conducted post commitment

THE ENVIRONMENTAL REVIEW PROCESS 1. Define the Project(s) 2. Determine Level of Environmental Review 3. Conduct the Environmental Review 4. Establish Environmental Review Record 5. Complete Release of Funds Process (Pt 58) 6. Commit or Spend Funds for Project 7. Re-evaluate if project changes 11

Initial Project Screening Receive Project Application Project Description Should focus on the physical nature of the proposed activities, the more detail provided the better. This is essential for properly determining the level of review. Project Location Budget

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Exempt and Categorically Excluded Not Subject To No physical impact upon the environment by their very nature Exempt Activities listed under 58.34(a) Additional activities listed under 58.35(b) as Categorically Excluded Not Subject To the related laws & authorities E.g., Administrative and management activities, engineering and design costs, limited emergency responses

Emergency Actions Temporary forbearance 24 CFR 58.34(a)(10) Actions necessary to control the immediate impacts of the emergency HUD Guidance: Exemptions for Disasters and Imminent Threats (May 16, 2008)

Levels of Review Categorically Excluded Activities listed at 24 CFR Part 58.35(a): ARE subject to: the Laws and Authorities, but NOT NEPA Require Statutory Checklist

Categorically Excluded Activities 24 CFR 58.35(a)(3) 1. Rehabilitation of buildings and improvements when the following conditions are met:

Categorically Excluded Activities 24 CFR 58.35(a)(3) i. In the case of a building for residential use (with one to four units), the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a floodplain or in a wetland;

Categorically Excluded Activities 24 CFR 58.35(a)(3) ii. In the case of multifamily residential buildings: A. Unit density is not changed more than 20 percent; B.The project does not involve changes in land use from residential to non-residential; and C. The estimated cost of rehabilitation is less than 75 percent of the total estimated cost of replacement after rehabilitation.

Categorically Excluded Activities 24 CFR 58.35(a)(3) iii. In the case of non-residential structures, including commercial, industrial, and public buildings: A. The facilities and improvements are in place and will not be changed in size or capacity by more than 20 percent; and B. The activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another.

Environmental Assessment 24 CFR 58.36 What activities require an EA: Change in use Rehab value > 75% New Construction

Environmental Assessment 24 CFR 58.36 Alternatives Requires Environmental Finding Access the EXTENT of Environmental Impact

Action From Assessment FONSI Finding of No Significant Impact May involve modifications or mitigation FOSI Finding of Significant Impact Project will require an EIS

Environmental Impact Statement high thresholds for HUD projects (e.g., 2500+ dwelling units) includes 58.5 & 58.6 review requires notices, draft & final EIS, etc published in Federal Register requires RROF 24

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

Historic Resources Section 106 Applies to any listed or eligible historic resources Resources can be buildings, sites, districts or archeological sites Building are generally over 50 years in age or younger if identified with a significant historical event. Contact your State Historic Preservation Officer to identify eligible resources and determine impact avoidance strategies.

SHPO Consultations Work with your FEO Programmatic Agreements can be helpful for expediting review times on individual sites. Standard consultations can take a minimum of 30 days for SHPO concurrence. Complex projects can take much longer Begin Consultation early in process.

Floodplains Part 55 Compliance Applies to federal actions within FEMA mapped floodplains 24 CFR Part 55.12 defines what activities may be exempt Non-exempt activities are subject to an 8 step review process

Floodplain Compliance 8 steps Identify floodplains Early notice of proposed activity 15 days Evaluation of potential impacts (steps 3 & 4) Determination of measures to offset, minimize or mitigate floodplain impacts (steps 5 & 6) Decision & Final Notice 7 days Implement Actions http://portal.hud.gov/hudportal/hud?src=/progra m_offices/comm_planning/environment/review/fl oodplain

Other Requirements 24 CFR 58.6 National Flood Insurance Program Coastal Barrier Resources Act Runway Clear Zones

Flood Insurance Purchase of Flood Insurance is mandatory for properties assisted with HUD funds & located in the Special Flood Hazard Area (SFHA) 100 year flood plain

Coastal Barriers Coastal Barrier Resources Act Prohibits Federal funding for projects in coastal barriers. Consult DOI Maps

Adopting FEMA Reviews Only allowed under H.R. 152 Hurricane Sandy Supplemental Appropriation HUD grantees providing supplemental assistance to actions under certain sections of the Stafford Act HUD grantees may adopt environmental reviews performed by another federal agency Submit a RROF to HUD with a copy of review No notices or comment periods are required Policy Guidance memo dated 4 March 2013