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

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

National Environmental Policy Act 1969 NEPA:  Federal Environmental Policy  Federal Law  Protect, Restore and Enhance the Human Environment

NEPA Shared Responsibility :  The President  The Federal Agencies  The Courts

NEPA  Environmental Study  Agency Comments  Public Document  Scientific Analysis  Relevant Issues

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

 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

Laws and Authorities 58.5  Historic Preservation

Historic Preservation: Neighborhood Stabilization Program (NSP)

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)

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

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

The Regulation  36 CFR Part 800, “Protection of Historic Properties”  Establishes a 4-step compliance process  Mandates consultation, not preservation  Agency is the decision-maker

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

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?

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

HUD Tools Available  HUD Historic Preservation website:  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

Laws and Authorities 58.5  Historic Preservation  Floodplain & Wetlands

Laws and Authorities 58.5  Historic Preservation  Floodplain & Wetlands  Coastal Zone

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

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

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

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

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

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

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

Laws and Authorities 58.6 OTHER  Clear Zone  Flood Insurance  Coastal Barrier

Who’s Responsible? 58.4 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? 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

Steps  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

Level of Review Full AssessmentFull Assessment Categorically Excluded Categorically Excluded Categorically Excluded NOT Subject to 58.5 Categorically Excluded NOT Subject to 58.5 Exempt Exempt

Exempt Activities 24 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

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)

Categorically Excluded subject to 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

Environmental Assessment 24 CFR Part Projects that are not Categorically Excluded or Exempt Require a Full Assessment

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

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

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

Public Comment Periods 24 CFR part  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

 Funds are committed when: Signature of a legally binding, irrevocable, contract is signed Commitment of Funds 24 CFR Part 58.22

Notice to third Party  24 CFR Part (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 Commitment of Funds

Options to purchase property are allowed prior to receiving ATUGF if:  Cost is nominal  Site can be rejected based on environmental finding Options 24 CFR Part (d)

Implement the Preferred Alternative