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

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Presentation on theme: "The Lifecycle of Grants: Environmental Review November 7, 2012."— Presentation transcript:

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

2 Tim Allen and Cecilia Castillo Office of Community Development (614)

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

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

9 Training Outline Environmental Review Basics Levels of Review

10 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

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

12 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

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

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

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

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

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

19 Determine Level of Review Exempt Categorical Exclusion Environmental Assessment

20 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…

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22 Admin, Planning, and Fair 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

23 File Guide

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26 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.

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

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

29 Categorical Exclusion, Subject to Sec Public facilities improvements, Architectural barriers, certain Rehabilitation, Acquisition…

30 “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

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

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43 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

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

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53 Runway Clear Zones Coastal Barriers Flood Insurance

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56 Environmental Assessment All projects not Categorically Excluded or Exempt (e.g. New construction, Significant Rehabilitation, etc.)

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65 Runway Clear Zones Coastal Barriers Flood Insurance

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67 Combined Notice: Finding of No Significant Impact (FONSI) & Notice of Intent to Request Release of Funds (NOI/RROF) Newspaper of general circulation, non-legal section ERR must be complete prior to publication 15-day comment period Submit RROF to State 15-day objection period

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77 Continued Relevance Bases environmental findings on a past environmental review record (ERR) Requires a re-evaluation of the original ERR Original ERR must have been conducted by the same responsible entity

78 Continued Relevance Phased projects, multi-year projects Grantees may cite Continued Relevance for up to 6 years from the date of the original release of funds

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81 Questions? Exempt Categorical Exclusion, Subject to 58.5 Environmental Assessment Continued Relevance Categorical Exclusion, Not Subject to 58.5 Categorical Exclusion, Subsequently Exempt


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