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CHAPTER 8 – ENVIRONMENTAL REVIEW

A. IntroductionB. Identifying Environmental Review ResponsibilitiesC. Developing a Project Description Aggregating All Project ActivitiesD. Establishing an Environmental Review RecordE. Conducting the ReviewF. Common DeficienciesG. Completing the Statutory ChecklistH. Completing the Assessment ChecklistI. Changes to the Original ProjectJ. Attachments 1 - 9

A. Introduction

Nebraska Affordable Housing Trust Fund (NAHTF) projects are subject to the provisions of the National Environmental Policy Act of 1969 (NEPA), which establishes national policy and procedures for protecting, restoring and enhancing environmental quality. NAHTF is also subject to other statutes, Executive Orders and regulations dealing with a number of specific concerns, such as historic preservation, floodplain management, wetland protection, noise control, manmade hazards and others. The Responsible Entity (defined in the next section of this manual) must complete and document an environmental review of all activities related to the project, and have the procedure cleared, before any NAHTF or non-NAHTF funds can be obligated or expended by any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors. This includes real property acquisition, leasing, demolition, rehabilitation, and construction and site improvements. The environmental review process should be initiated as soon as possible in the planning process to avoid conflicts, delays, and expenses and allow actions to minimize adverse effects on the environment. Depending on the level of review, recipients should allow from 30 to 120 days to complete the review process.

The Department requires every NAHTF grantee to complete an environmental review in accordance with the requirements presented in this chapter as part of the NAHTF Contract’s Special Conditions for Release of Funds. These requirements are identical to those required of HOME and CDBG grantees, except for differences with regards to Responsible Entities, publishing and public comment period requirements.

The Department will consider requests from grantees that want to conduct a modified environmental review that does not meet all the requirements outlined in this chapter, only if there are unique and extraordinary circumstances and the NAHTF-required environmental review would present a hardship to the project. Not starting an environmental review early enough to meet the project start timeframes is not sufficient reason to request a waiver.

The following must be submitted, prior to beginning the environmental review, to the grant’s program representative requesting approval from the Department to use a modified environmental review:

A written request from the Chief Elected Official or the Authorized Official of the grantee to conduct an environmental review that does not meet all the requirements contained in this chapter; and

Details of the proposed environmental review; and A detailed explanation of the differences between the submitted environmental review

process those required in this chapter; and

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A detailed description of why the submitted environmental review process is necessary to project success; and

An explanation of how the grantee’s environmental review will result in adequately protecting the environment.

The Department will issue a determination on the request to use an environmental review process not in conformance with NAHTF requirements within thirty days of receiving the request. Grantees must not use a modified environmental review process for an NAHTF project until the Department has approved it.

The flowchart in Attachment 1 is a general guide of the review process. The Environmental Review Procedures (24 CFR Part 58) provides more detail and is found in Attachment 2. Additional environmental subjects, rules and regulations can be found at www.hud.gov/offices/cpd/energyenviron/environment/index.cfm

The review process consists essentially of the following steps:

1. Identifying environmental review responsibilities;2. Developing a project description aggregating all project activities3. Establishing an Environmental Review Record that includes all narratives, checklists, agency

contacts and responses, maps and photographs for all activities; 4. Conducting the review using qualified data sources; 5. Submitting findings and certifications to the Department; and 6. Obtaining Department clearance and release of funds.

The information contained in this chapter summarizes a number of state and federal statutes and regulations and is solely intended to give an overview of the obligations in the environmental review process. The grantee (in general) and the Environmental Certifying Officer (in particular) are responsible for referring to and complying with specific citations listed.

B. Identifying Environmental Review Responsibilities

Entities eligible to receive NAHTF funds from the State are local governments, non-profit organizations and public housing agencies. The NAHTF grantee assumes the role of Responsible Entity (RE) with respect to environmental reviews.

The Chief Elected Official (for local governments) or the Authorized Official (the chairperson or president for all other grantees) assumes the role of environmental “certifying officer” and accepts full responsibility for the completeness and accuracy of the reviews. The Chief Elected Official or Authorized Official must sign all certifications and findings. This environmental duty may not be delegated, although local staff, consultants, and/or State resources may provide technical assistance to support local efforts. The Department requires all recipients of NAHTF funds to conduct the environmental review and compile the Environmental Review Record (ERR) as described in this chapter and in the regulations at 24 CFR Part 58 with the exception of publishing requirements.

Note: It is highly recommended that recipients of NAHTF funds should contact their program representative before conducting the environmental review.

C. Developing A Project Description


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http://www.hud.gov/offices/cpd/energyenviron/environment/index.cfm

The RE needs to collect information regarding the project and the project site. Who is involved? What are the project activities? Where will the project be located? What does the project environment look like? How will the project be implemented?

The RE should seek information that may have already been collected by the recipient to reduce the amount of unnecessary or duplicative work. If a Phase I site assessment has been done it should include: site historical records and owner questionnaires, visual site inspections of the property, written report identifying areas for further investigation. Additional information will need to be gathered on: the type of activity (acquisition, demolition, rehabilitation, construction, etc.), site location, current use of site, age and condition of existing structures, intended use of site, and anticipated duration of activity.

The description should include the project dollar amount, identifying the items for which NAHTF funds will be expended, and the items for which other Federal/State or private funds will be expended.

D. Establishing an Environmental Review Record

The Responsible Entity (RE) is required to establish and maintain a written record of the environmental review undertaken for each project, according to criteria at 58.38. The purpose of the Environmental Review Record (ERR) is to document the environmental review decision-making process and all actions taken during the course of the environmental review.

It must contain a description of the project and each of the activities comprising the project, regardless of the individual activity funding source, as well as all relevant documents, maps, public notices, written determinations and public comments received. Public comments and concerns, as well as their appropriate resolution by the RE/Recipient, are extremely important and must be kept in the ERR. The files must be made available for public review and inspection in the general offices of the recipient upon request. Attachment 3 includes a checklist of minimum information that is required to be maintained in the ERR.

When another state or federal agency has funds in the project, it frequently conducts its own environmental review process. The RE is free to use that agency’s review to compile its own record. In fact, it makes sense to avoid unnecessary duplication of effort; however, the RE is reminded that utilization of another agency’s documentation does not avoid or minimize its own responsibilities for either the content of the review or conduct of the public comment requirements. Before making a finding based on another agency’s review, the RE should carefully check the review against the requirements referenced in this chapter to ensure the contents are sufficiently inclusive to allow the RE to meet its responsibilities. If the review falls short in certain areas, the RE must adequately supplement the review to meet requirements. Grantees may use source documentation of environmental reviews by other agencies to conduct the Department’s environmental review, however all requirements are still in force including completion of all required checklists and the Request for Release of Funds/Certification.

E. Conducting the Review

In order to conduct the review, it is essential that the RE determine the full scope of the project and include all activities in the review which are related either on a geographical or functional basis, or are logical parts of a composite of contemplated actions, regardless of who is funding the activities (58.32). As a general rule of thumb, any activity in a “project” which could not occur absent NAHTF-funded activities is subject to the environmental review requirements of this chapter.


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The nature and extent of all project activities will determine the level of review that will be required. There are four levels of review: Exempt, Categorically Excluded, Environmental Assessment, and Environmental Impact Statement. RE’s should begin to determine the classification of their project by looking first at the Exempt classification, and then progress to Categorically Excluded. If the activity is not Exempt nor Categorically Excluded, it falls under the classification of Other which necessitates the preparation of an Environmental Assessment. If it is evident at the outset that a project may potentially have a significant impact on the environment, the RE should proceed directly to an Environmental Impact Statement. Regardless of the number of activities associated with a project, it is only necessary to complete one environmental review. However, if the activities have separate classifications, the RE must follow the review steps listed under the most stringent classification.

1. Exempt Activities 58.34

Certain activities are, by their nature, highly unlikely to have any direct impact on the environment. Accordingly, these activities are not subject to most of the procedural requirements of NEPA or other laws except those cited at 58.6. They include:

(a)(1) Environmental and other studies, resource identification and development of plans and strategies;

(a)(2) Information and financial services;

(a)(3) Administrative and management activities;

(a)(4) Public service activities that will not have a physical impact or result in any physical changes;

(a)(5) Inspections and testing of properties for hazards or defects;

(a)(6) Purchase of insurance;

(a)(7) Purchase of tools;

(a)(8) Engineering or design costs;

(a)(9) Technical assistance and training;

(a)(10) Temporary or permanent improvements that do not alter environmental conditions and are limited to protection or repair activity necessary only to control or arrest the effects of disasters, imminent threats or physical deterioration;

(a)(11) Payment of principal and interest on loans made or guaranteed by HUD;

(a)(12) Categorical exclusions listed in 58.35(a) provided no circumstances require compliance with laws and authorities cited in 58.5.

If an activity or project meets the standards for an exempt determination, the RE must make a Finding of Exemption (Attachment 5) and place it in the ERR. If the recipient wishes to begin drawing funds for these exempt activities, it must submit a copy of the Finding of Exemption to the Department. After review and approval, the Department will notify the recipient. The RE does not have to submit the Request for Release of Funds and Certification for NAHTF Projects form; however, all other contract conditions must be cleared prior to release of funds.

Activities that are determined to be exempt are not required to undergo an environmental assessment.


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2. Categorically Excluded Activities 58.35 (a) or (b)

Categorically excluded activities normally would not alter any conditions that would require an environmental assessment or impact statement except in extraordinary circumstances (see 58.2(a)(3) for extraordinary circumstances). Categorical exclusions are of two types:

a. Categorically Excluded Activities under 58.35(a) These activities, by their nature, are not likely to have a significant impact on the environment, but, also by their nature, may require review, approval, or compliance with other state or federal requirements as stated in 24 CFR 58.5 and 58.6. Put another way, these activities may not be subject to all NEPA procedural requirements, but they may be subject to review by other agencies. Such activities include:

(a)(1) Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent (e.g. replacement of water or sewer lines, reconstruction of curbs and sidewalks, repaving of streets);

(a)(2) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons;

(a)(3) Rehabilitation of buildings and improvements when the following conditions are met: in the case of multi-family residential buildings, unit density is not changed more than 20 percent, the project does not involve changes in land use from residential to non-residential, the estimated cost of rehabilitation is less than 75 percent of the total estimated costs of replacement after rehabilitation; in the case of non-residential structures, including commercial, industrial, and public buildings, the facilities and improvements are in place and will not be changed in size or capacity by more than 20 percent and 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;

(a)(4) An individual action on a one- to four-family dwelling or an individual action on a project of five or more units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four units on any one site;

(a)(5) Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including leasing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the same use;

(a)(6) Combinations of the above activities.

Activities determined to be categorically excluded from NEPA under 58.35(a) require compliance with other related laws at 58.5 and regulations at 58.6. Under this classification, the RE will:

Determine if any project activities occur in a floodplain or wetland. If within a floodplain or wetland, you must complete the 8-step process outlined in the Floodplain Management (Section G) below. This review will determine if the project can still be classified as categorically excluded or is elevated to a full assessment.

Complete the ERR Part I Statutory Checklist (Attachment 3). For each environmental law in the Checklist determined to be applicable or potentially applicable to the project, consult with the appropriate agency(ies) having responsibility in that area and include documentation of consultation or review with the appropriate agencies (see Attachment 4 for potential contacts and sample letter), the procedures followed, actions taken and the


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permits or other forms of approval obtained. Completion of the Checklist will determine which of the next steps (a) or (b) are in order:

(a) If all appropriate agencies have been contacted and the activities are determined not to trigger compliance and all appropriate agencies notify the recipient that the activity(ies) will have no effect on the protected resource, without any necessary mitigation and no formal consultation, permit or agreement is required, prepare a Finding of Exempt Form (Attachment 5). If the recipient wishes to begin drawing funds for this activity(ies), it must submit a copy of the Finding and the ERR Part I to the Department. After review and approval, the Department will notify the recipient. The RE does not have to submit the Request for Release of Funds and Certification for NAHTF Projects form; however, all other contract conditions must be cleared prior to release of funds.

(b) If compliance (mitigation, consultation, permit or agreement, etc.) is triggered by one or more of the laws and regulations, secure and document evidence of compliance on the Statutory Checklist, then:

Prepare and submit to the Department a Finding of Categorical Exclusion/Subject to 58.5 (Attachment 5), ERR Part I and Statutory Checklist (Attachment 3), Request for Release of Funds and Certification for NAHTF Projects (Attachment 6) and any comments received.

The Department will review the environmental materials and issue a Notice of Release of Funds for the grant as soon as the environmental and other special conditions of the contract are satisfied.

b. Categorically Excluded Activities under 58.35(b) Activities determined to be categorically excluded under 58.35(b) require compliance with regulations at 58.6 only and are considered exempt from NEPA and other related laws. Such activities include:

(b)(1) Tenant-based rental assistance;

(b)(2) Supportive services including, but not limited to, health care, housing services, permanent housing placement, day care, nutritional services, short-term payments for rent/mortgage/utility costs, and assistance in gaining access to local, State, and Federal government benefits and services;

(b)(3) Operating costs including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training and recruitment and other incidental costs;

(b)(4) Economic development activities including but not limited to, equipment purchase, inventory financing, interest subsidy, operating expenses and similar costs not associated with construction or expansion of existing operations;

(b)(5) Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction (foundation poured prior to application and not in anticipation of application), including closing costs and down payment, interest buy downs and similar activities that result in the transfer of title;

(b)(6) Affordable housing predevelopment costs including legal, consulting, developer and other costs related to obtaining site options, project financing, administrative costs and fees for loan commitment, zoning approvals, and other related activities which do not have a physical impact;

(b)(7) Approval of supplemental assistance (including insurance or guarantee) to a project previously approved under this part, if the approval is made by the same


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responsible entity that conducted the environmental review on the original project and re-evaluation of the environmental findings is not required under Sec. 58.47.

Under this classification, the RE prepares: 1) a Finding of Categorically Excluded/Not Subject to 24 CFR 58.5 (Attachment 5), and 2) ERR Part I Statutory Checklist (Attachment 3). After review and approval, the Department will notify the recipient. The RE does not have to submit the Request for Release of Funds and Certification for NAHTF Projects form; however, all other contract conditions must be cleared prior to release of funds.

3. Environmental Assessment

If a project is neither Exempt nor Categorically Excluded, a full Environmental Assessment is required (58.36). In preparing an assessment, the Responsible Entity must:

Determine if the project is within a floodplain or wetland area, and if so, complete the 8-step process outlined in the Floodplain Management (Section G) below.

Conduct a Phase I Environmental Site Assessment (Highly recommended for all NAHTF projects at the Environmental Assessment level and may be required on a project by project basis by the Department) to incorporate into the Statutory and Assessment Checklists prior to Release of Funds. The Phase I should meet American Society for Testing and Materials (ASTM) standards.

Complete the ERR Part I Statutory Checklist (Attachment 3). For each environmental law in the Checklist determined to be applicable or potentially applicable to the project, consult with the appropriate agency(ies) having responsibility in that area and include documentation of consultation or review with the appropriate agencies (see Attachment 4 for potential contacts and sample letter), the procedures followed, actions taken and the permits or other forms of approval obtained.

Complete the ERR Part II Assessment Checklist (Attachment 3) and perform an analysis of issues identified and recommendations for safeguards or mitigation measures. Make and document either a Finding Of No Significant Impact (FONSI) or Finding Of Significant Impact (FOSI). If the Environmental Assessment indicates that the project will have no significant effect on the quality of the environment, submit to the Department the ERR Parts I and II Statutory and Assessment Checklists (Attachment 3), Request for Release of Funds and Certification for NAHTF Projects (Attachment 6) and any comments received.

The Department will review the environmental materials and issue a Notice of Release of Funds for the grant as soon as the environmental and other special conditions of the contract are satisfied.

4. Environmental Impact Statement

An Environmental Impact Statement is required (58.37) when a project is determined to have a potentially significant impact on the human environment, and/or for the following:

Provide a site or sites for, or result in the construction of, hospitals or nursing homes containing a total of 2,500 or more beds;

Removal, demolition, conversion, or substantial rehabilitation of 2,500 or more existing residential units, or the provision of sites for or construction of 2,500 or more new housing units; or,


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Increase water or wastewater system capacity, sufficient to serve 2,500 or more additional housing units.

If the Environmental Assessment indicates that the project may have a significant effect on the quality of the environment, such that an Environmental Impact Statement (EIS) will be required, the Grantee must notify the Department before taking any further action. The EIS review is substantially more complex than any other level of review and is therefore not covered in this chapter.

F. Common Deficiencies

Incurring costs or commencing action before environmental certification is approved by the Department.

Inadequate project description, not including project activities funded by non-NAHTF sources. Environmental Assessment (EA) activities classified as categorically excluded activities. Inadequate consultation or source data to document compliance with applicable laws and

authorities. Failure to complete 8-step Floodplain/Wetland review process prior to Finding No Significant

Impact. Not responding to comments received from environmental authorities.

G. Completing the Statutory Checklist

The Responsible Entity must document that NAHTF project activities meet environmental requirements contained in laws other than NEPA. By completing the Statutory Checklist (ERR Part I), the RE considers the effect of the project on a variety of potential environmental concerns as well as the effect of the environment on the project (such as noise, thermal hazards or traffic, etc.).

The RE must retain all documentation (letters, maps, notes on comments of authorities contacted, etc.) to support determinations. Situations may require consultation with appropriate federal or state agencies. The consultation can result in no need to further address the requirements, the placement of conditions on the recipient prior to release of funds, or may halt the project until mitigating measures are identified and steps taken to achieve compliance.

If permits are required, a listing of the specific permits needed and the procedures by which they will be obtained should be attached to the Checklist. If mitigating actions are required, the RE should fully describe the actions the recipient will take to assure compliance.

For Categorically Excluded housing programs in target areas, where specific sites are not known, it may be necessary to complete an initial generic review followed by a site-specific review. This is necessary because until sites are known, certain areas of compliance (historic preservation, floodplain management, noise abatement, thermal explosive and airport hazards) possibly cannot be addressed. These compliance areas must be addressed as the specific sites are chosen with documentation filed identifying review/permit/mitigation actions taken for each specific site.

Procedures to comply with related laws at 24 CFR 58.6

The following three regulations must be reviewed for applicability, regardless of review classification. Determination of applicability should be shown on the appropriate section of the Statutory Checklist.

1. Flood Insurance [Flood Disaster Protection Act of 1973, as amended]


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Regulations at 58.6 prohibit use of HUD funds for acquisition or construction purposes (including rehabilitation) in Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Areas (SFHA) in communities which do not participate in the National Flood Insurance Program (NFIP). These regulations also require that for any acquisition or construction assistance in a SFHA, flood insurance must be obtained and maintained. NAHTF-funded projects are not required to adhere to 58.6 , even so, if proposed purchase, rehabilitation or construction sites are located in a SFHA, the Department strongly encourages recipients to consider other sites outside the 100-year floodplain, or if a site within the SFHA is chosen, to require owners of SFHA buildings to obtain and maintain flood insurance. The cost of the first year of flood insurance is an eligible expense.

If under no circumstances will any project activities affect the SFHA, check “Compliance” on the Statutory Checklist and attach documentation to verify this determination. If the program includes or may include activities in the SFHA as identified above, check “Review Required” on the Statutory Checklist, and briefly describe the procedures that will be implemented to review individual project sites to address the above considerations.

2. Coastal Zone Management [Coastal Barriers Resources Act of 1990]

There are no coastal barrier resources in Nebraska, check “Compliance” on the Statutory Checklist.

3. Airport Hazards [Airport Runway Clear Zones and Clear Zone Notification]

If the proposed program includes any assistance for purchase or sale of properties located in a Runway Clear Zone or Clear Zone (areas within 2,500 feet of the end of a civil airport runway or 15,000 feet of the end of a military runway), the Responsible Entity must advise the buyer of the implications of choosing this location, including safety risks, and the potential that the property may be acquired by the airport operator at a later date. The buyer must sign a statement acknowledging receipt of this information.

If the proposed project includes such property, check “Determination of Consistency” on the Statutory Checklist and describe the procedures to identify such property.

Procedures to comply with related laws at 24 CFR 58.5

In addition to compliance with regulatory requirements identified above, projects classified as categorically excluded and those that require environmental assessments, must also consider related laws and authorities under this section.

1. Historic Properties

Section 106 of the National Historic Preservation Act requires a recipient of federal funds to take into account the affects of the project on properties included or eligible for inclusion in the National Register of Historic Places. Historic properties may be districts, buildings, structures, objects or archeological sites.

In addition to contacting the Nebraska State Historic Preservation Office (SHPO), recipients must also consult with local historical groups, Indian Tribes and other appropriate organizations and individuals in order to help gather information about properties that may be affected by their project.

Depending on the location of the project activities, it may be determined that an archaeological survey should be conducted if it is highly probable that the area contains significant resources. The staff of the SHPO will have a list of professional archeological contractors to complete the


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survey. For properties so identified, the survey must be completed and submitted to SHPO for an affect determination prior to any ground disturbing activity.

To obtain SHPO assistance in project review, recipients must provide them:

A description of the proposed project, Name of all funding, permitting or licensing agencies in the project (state and federal), A clearly legible map of project location, including project site plan, if applicable, Two clear and current photos of all standing structures within project area. Photocopies

and faxes are not acceptable. It is helpful if the photographs are keyed to the site plan, Project addresses; and Project plans and specifications, if applicable.

Upon receipt of sufficient information to make a determination, SHPO will respond within 30 days with a determination of National Register eligibility. Generally three outcomes are possible in completing the Statutory Checklist. 1) If SHPO and recipient agree that there are NO historic properties found or affected, a “No Affect” determination is made allowing the project to proceed as proposed, check “Compliance” on the Statutory Checklist. 2) If historic properties are found but the undertaking will not adversely affect them, a “No Adverse Affect” or a “Conditional No Adverse Affect” determination is made, the project may proceed with conditions incorporated into the scope of work, check Conditions or Mitigation Required” and describe the actions necessary to allow a FONSI (should artifacts be discovered during excavation either SHPO or an approved archaeologist will be afforded an opportunity to examine the site to determine significance of any resources, SHPO approval of final plans and specifications, SHPO approval and recording of historic covenant on deed, etc.). 3) If the project has a potential for “Adverse Affect” of historic properties, the SHPO, the Department of Economic Development, and the Grantee must begin consultation to avoid or mitigate the adverse affect and execute a Memorandum of Agreement prior to making a Finding Of No Significant Impact which may allow the project to proceed, check “Conditions or Mitigation Required” and attach the executed MOA.

For generic reviews, such as where specific housing sites are not yet known, check “Review Required” and indicate that procedures will be implemented to review individual project sites prior to obligation of funds.

2. Floodplain Management (24 CFR Part 55 & E.O. 11988)

The purpose of E.O. 11988 is to avoid to the extent possible the long and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development whenever there is a practicable alternative. Compliance with the eight-step decision making process at 24 CFR 55.2 must be documented before projects located within a 100-year floodplain, or critical actions located in a 500-year floodplain, are approved. Projects may be approved only if there is no practical alternative. Recipients must also comply with any local regulations adopted to participate in the National Flood Insurance Program.

Proposed construction, located or to be located within a Special Flood Hazard Area (SFHA), is discouraged regardless of whether or not the property is, or will be, covered by flood insurance unless appropriate mitigation measures are adopted. New construction and substantial improvements in the SFHA must be built according to design requirements established by FEMA and state regulations. State regulations require a finished floor elevation of at least one foot above the 100-year flood plain, or base flood elevation (BFE).

If the project involves activities outside a SFHA, check “Compliance” on the Statutory Checklist, citing the number and effective date of the Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) used to make the determination, and communication with the local enforcement officer. If no such maps have been published, the same finding is necessary by the


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recipients engineer or local flood control office using best available data. If the project includes or may include property acquisition, disposition, financing, leasing, new construction or substantial rehabilitation activities in a SFHA, and are not excluded at 55.12 (i.e. minor repair on one to four family units), check the appropriate “Review Required”, “Permit Required” or “Mitigation Required” on the Statutory Checklist. NAHTF projects may occur in a SFHA provided the local government is enforcing flood plain management regulations pursuant to State Statutes and the structure carries flood insurance.

Projects involving “critical actions” are afforded a higher level of protection and are discouraged within the 500-year floodplain. Critical actions include activities that create, maintain or extend the useful life of structures or facilities that: produce, use, or store volatile, flammable, explosive, toxic or water-reactive materials, provide essential and irreplaceable records or utility or emergency services . . . and structures used for hospitals, nursing homes and handicapped housing (24 CFR Part 55.2).

3. Wetlands Protection (24 CFR 55, E.O. 11990)

Executive Order 11990 requires all Federal Executive agencies to refrain from supporting construction in wetlands wherever there is a practical alternative. For any new construction or rehabilitation activity which involves site excavation, fill or grading, U.S. Fish and Wildlife Service (FWS) wetland maps must be reviewed (http://wetlandsfws.er.usgs.gov/). If questions exist as to potential wetland presence in smaller areas not mapped by FWS, you must gather local information about the presence of water/soils/plants or other conditions potentially supporting wetlands, soils maps and/or wetland delineation by the USDA Natural Resource Conservation Service, the U.S. Army Corps of Engineers or other wetlands expert. Wetlands are defined as areas that are inundated by surface or groundwater with a frequency to support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction.

If the program will not involve new construction or filling within or adjacent to a wetland area, check “Compliance” on the Statutory Checklist, citing the map(s) or dates of written correspondence used to make the determination. If the program may potentially include new construction or rehabilitation in a wetland, check the appropriate “Review Required” or “Mitigation Required” on the Statutory Checklist and document each of the eight steps outlined above for floodplain management.

If the project is located in a wetland, you may be required to obtain a Section 404 permit from the U.S. Army Corps of Engineers prior to construction. Check the appropriate “Permit Obtained” or “Permit Required” on the Statutory Checklist. You must obtain the permit and include it as part of the ERR.

4. Noise Control (24 CFR 51 Subpart B)

The HUD Noise Regulation establishes standards, requirements and guidelines on noise abatement and control to protect citizens against excessive noise levels in their communities and places of residence. A goal of interior noise level not exceeding 45 decibels is set forth. Noise attenuation (through the construction of barriers which also reduce outside noise, or architectural features) requirements are geared toward achieving that goal.

For projects including acquisition for residential or noise sensitive use, conversion of land use to residential, substantial rehabilitation or new construction for residential or other noise sensitive uses, a noise assessment must be prepared according to procedures described in the Noise Guidebook, HUD-953-CPD, if the site is located within 1,000 feet of a major highway or busy road, 3,000 feet of an active railroad line, five (5) miles of a civil airport, or fifteen (15) miles of a military airfield, or 1,000 feet from any other noise generating source such as an industrial plant. HUD regulations state that noise attenuation measures shall be “strongly encouraged” in


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http://wetlandsfws.er.usgs.gov/

substantial rehabilitation projects where the average ambient day-night noise level exceeds 65 decibles.

For new construction of residential or other noise sensitive use projects, construction techniques must provide sufficient noise attenuation in any building to reduce the exterior noise level of 65 decibels or less to an interior noise level of 45 decibels or less. Additional window-wall attenuation or other mitigation action is required to reduce exterior DNL from the 65 to 75 dB zone to interior level of 45 dB. Check “Mitigation Required” and describe appropriate noise attenuation measures (for a noise level of 72 DNL a typical condition would be that the architect shall provide calculations and certify that the building envelope provides attenuation of 27 STC).Areas in which exterior noise levels exceed DNL 75 are considered unacceptable.

For programs completing a tiered review, which may include substantial rehabilitation or new construction of residential units, check “Review Required” on the checklist and describe the review procedures.

5. Air Quality (Clear Air Act, 42 U.S.C. 7401 et seq. and 40 CFR parts 6, 51, 93)

The Clean Air Act Amendments of 1990, Titles I, III and V contain guidance for air quality issues. They cover the provisions for attainment and maintenance of ambient air quality standards, the reduction of hazardous-air-pollutant emissions and new operating permits for all major sources of these emissions.

Generally, recipients must refrain from projects that either increase air pollution or expose residents to excessive levels of air pollution. Projects that involve installation of large fuel burning equipment, demolition, sandblasting or paint removal, spray painting, etc. must be evaluated to determine applicable requirements and compliance methods.

In addition, at the Federal and State level, a wide variety of asbestos regulations and guidelines have been established that require training and licensing of contractors and inspectors, and abatement actions.

Contact the Department of Environmental Quality, Small Business & Public Assistance Coordinator to determine compliance with Nebraska Air Quality Standards. If the project may affect air quality, check “Review Required” or “Permit Required” and describe the review procedures or status of permit application. Permits must be obtained as appropriate.

6. Explosive and Flammable Operations (24 CFR 51C)

For residential projects (conversion from non-residential to residential, rehabilitation where unit density is increased, new construction, vacant building made habitable) or any project for industrial, commercial, institutional, or recreational use where people may congregate, an Acceptable Separation Distance (ASD) must be determined for properties that are near above ground storage facilities containing explosive materials. Calculate the acceptable separation distance per guidebook HUD-1060-CPD, “Siting of HUD-Assisted Projects Near Hazardous Facilities,” and apply appropriate mitigation measures or reject the site. Mitigation may include construction of a barrier or adequate size and strength to protect the building and occupants.

The local fire department or fire prevention agencies are excellent sources of information. Most will regularly inspect facilities and/or properties which store, process or transport hazardous products. Another primary source of information is the industrial facility of concern. They can provide data on the types and quantities of stored contents and capacities of vessels for chemicals and petrochemical materials present.

In general, project sites within sight of or in proximity of stationary hazardous facilities that store, handle, or process chemicals or petrochemicals of an explosive or flammable nature, such as


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liquid propane, gasoline or other above-ground storage tanks, particularly when there are no intervening topography, existing structures or barriers, are unsuitable for new development or substantial rehab projects. Mobile tanks (including railroad cars), buried tanks, and tanks with less than 100-gallon capacity and having common fuels are excluded.

For programs that do not include activities requiring compliance with Part 51 C, check “Compliance” on the checklist. For programs that may include new construction, conversion of non-residential properties to residential use, or rehabilitation of vacant structures or rehabilitation which increases unit density near such facilities, check “Review Required” on the checklist to indicate that the ASD will be determined and appropriate decisions made according to regulatory requirements. For project sites within the ASD of such hazardous facilities, check “Mitigation Required” on the checklist and cite appropriate mitigation measures being taken.

1. Airport Hazards (Clear Zones and Accident Potential Zones, 24 CFR 51D)

Runway Clear Zone (civil airports) Clear Zone or Accident Potential Zone (military) – NAHTF funds may not be used for assistance, subsidy or insurance for construction, land development, community development or redevelopment designed to make land available for construction, or rehabilitation that significantly prolongs the life of existing facilities, in designated Runway Clear Zones at civil airports or Clear Zones at military airports identified in 24 CFR Part 51 Subpart D, except where written assurance is made that the project proposed for development will not be frequently used by people, and where written assurances are provided by the airport operator that no plans exist to purchase the property as part of a Runway Clear Zone or Clear Zone acquisition program.

If the NAHTF project proposes development in proximity to these areas, check “Determination of Consistency” on the checklist and provide evidence that the program will comply with requirements referenced above.

8. Water Quality (Safe Drinking Water Act of 1974, Sole Source Aquifers 40 CFR 149)

There are no sole source aquifers in Nebraska. Projects having withdrawals and/or effluent discharges shall be examined for conformance with the Safe Drinking Water Act and the Clean Water Act. For activities that result in the withdrawal of ground water consult with Nebraska Health and Human Services, Department of Regulation and Licensure. For activities that result in effluent discharges consult with Nebraska Department of Environmental Quality.

If the program includes the above activities, check “Review Required” on the checklist to indicate that the project will be reviewed and briefly describe the review procedures to be taken.

9. Coastal Zone Management

There are no Coastal Areas in Nebraska. Check “Compliance” on the checklist.

10. Endangered Species

Whether the project is located in a developed or a less developed area where land is still mostly in a natural state, endangered species or their habitats may be encountered. Generally, this applies to assisted activities that propose new construction, conversion of land use, major rehabilitation of existing buildings and the acquisition of undeveloped land. Contact the U. S. Fish and Wildlife Service and the Nebraska Game and Parks Commission to determine if the project area is known to contain state or federal listed rare, threatened or endangered species or habitat. If none are identified, check “Compliance” on the checklist.

The Endangered Species Act of 1973, as amended, requires that each federal agency will confer with the Service on any action which is likely to jeopardize the continued existence of any


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protected species or result in the destruction or adverse modification of critical habitat. Where such species or habitat does exist, check the appropriate “Consultation”, “Conditions” or “Mitigating” Action Required and document appropriate measures.

11. Wild and Scenic Rivers

Projects must be examined for conformance to the Wild and Scenic Rivers Act of 1968. A determination of whether the proposal would invade the river area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area is required. Consultation shall be initiated when the project: a) would be in close proximity of the river, b) involves withdrawing water from the river or discharging water to the river via a point source, or c) would be visible from the river.

Wild and scenic rivers in Nebraska include, but may not be limited to, northern portions of the Missouri River and Niobrara River. Contact the National Park Service if your project is within one mile of a protected river area, or is under consideration for inclusion in the system, to determine potential effects, approval of actions or recommend measures to eliminate adverse effect, if any.

12. Farmland Protection

The Farmlands Protection Policy Act was enacted to minimize the extent to which federally assisted projects convert farmland to nonagricultural uses. Applicable activities include acquisition or conversion of undeveloped land, new construction or site clearance in an area that includes prime or unique farmland, or land of statewide or local importance. This can include forestland, pastureland or cropland but not water or urbanized land. Urban land is exempt if the land is “already in” or “committed” to urban development. Contact the local USDA Natural Resource and Conservation Service office to determine the potential presence of protected farmland. If a site assessment by NRCS is required to determine the impact of the farmland conversion, complete the Farmland Conversion Impact Rating form and submit to NRCS, which has 45 days to make a determination.

13. Environmental Justice

Executive Order 12898 requires local identification and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations. Generally, this Order applies to low-income or minority neighborhoods where HUD assisted projects propose the acquisition of existing housing, the acquisition of land for development, change of land use, demolition, major rehabilitation and new construction. At minimum, the ERR should include a statement that the potential for new or continued adverse health or environmental effects have been considered and the program will be consistent, as far as practicable, with the principles of the executive order.

If site suitability is a concern or the proposal adversely affects environmental conditions impacting low income or minority populations, check “Mitigation Required” and describe actions being taken including public participation processes involving the affected population(s).

14. Contamination and Toxic Substances

Particular attention should be given to any site located on or in general proximity to landfills, dumps, industrial sites, gas stations or other locations that contain hazardous wastes or materials. Department policy is to ensure that all property proposed for use in NAHTF programs be free of hazardous materials, contamination, toxic chemicals and gasses, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property. The environmental review of multifamily housing with five or more dwelling units (including leasing), or non-residential property, must include the evaluation of previous uses of the site or other evidence of contamination on or near the site, to ensure that the


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occupants of proposed sites are not adversely affected by any of the hazards listed above. Due diligence must be exercised to ascertain the presence of contamination. Documentation may consist of Phase I environmental site assessment and, if applicable, Phase II assessment. Additional/alternative documentation may include: site inspection(s) by knowledgeable professionals, search of EPA or DEQ or other databases for sites and facilities posing real or potential contamination concerns, analysis of past uses of the site and adjacent properties. Concerns raised in the investigation should be properly resolved prior to property transfer.

The Department highly recommends a Phase I Environmental Site Assessment for all projects in the Environmental Assessment level.

The Resource Conservation and Recovery Act of 1976 (RCRA) regulates the generation, transportation, treatment, storage, and disposal of hazardous waste, and also sets forth a framework for the management of non-hazardous wastes. Hazardous waste is defined by RCRA as materials which are toxic, corrosive, ignitable or reactive. Materials suspected to be hazardous, such as stored chemicals, soil or building materials contaminated by chemicals or asbestos-containing materials, must be tested to determine if they meet criteria for classification as hazardous waste. Materials determined to be hazardous waste must be handled, transported and disposed according to RCRA requirements.

Amendments to RCRA address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. State regulations establish requirements for registration, installation, removal and disposal of underground tanks.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), establishes prohibitions and requirements concerning closed and abandoned hazardous waste sites and provides for liability of persons responsible for releases of hazardous waste at these sites. Under this law, purchasers of property may be included as potentially responsible parties, liable to contribute to the cost of remediation, with certain exceptions, one of which is if the purchaser can demonstrate that, based upon a due diligence environmental investigation, the buyer has no knowledge of site contamination at the time of purchase. This provision has led to the common practice of performing Phase I Environmental Site Assessments for property prior to property transfer. The American Society for Testing and Materials, a private organization which develops various technical standards, has developed a standard protocol for conducting a Phase I. If the Phase I assessment recognizes environmental concerns, or if the results are inconclusive, a Phase II environmental site assessment will be required. Based upon the Phase II results, remediation, mitigation and monitoring measures may be required.

Site assessment documentation (Phase I/Phase II) may indicate the presence of contamination or Underground Storage Tanks. You may make a determination to accept the site if it appears feasible to clean up the site to applicable standards. In such instances you will condition the approval (environmental clearance) so that clean up work takes place prior to or in conjunction with construction and with the appropriate agency granting approval of the clean up work. Be aware that this process is usually lengthy, and in some cases more costly than planned for. Most conditions of this nature mandate an escrow be set aside (generally 150% of the estimate). You generally do not want to go with a conditional approval if it is too difficult to estimate clean up costs, or it is unclear if the project budget can support the clean up (and no one is stepping forth to guarantee completion), and/or if the ability to meet the cleanup standard is questionable (e.g. off-site source). Sample conditions might be: subject to obtaining a “no further remediation” letter, or suitable alternative, from DEQ or EPA prior to (construction start or occupancy).

If any program activities may potentially encounter hazardous materials, demolition of buildings or building components, or purchase of commercial or industrial property, check “Determination of Consistency” on the Statutory Checklist to indicate the project will comply with the applicable procedures described above, and documentation of compliance will be maintained in the ERR.


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If no program activities will result in the handling or disposal of hazardous waste, check “Compliance” on the checklist.

H. Completing the Environmental Assessment Checklist

For all NAHTF projects subject to NEPA procedures, the Environmental Assessment Checklist is a valuable step in that analysis. Completion of this Checklist constitutes a quick yet well documented review of environmental issues surrounding a specific project or group of projects and a decision as to how to proceed in further analysis.

The major purpose of the Checklist is to allow a more detailed analysis to focus on those categories of potentially significant impact. This can avoid a lot of wasted energy in data collection, analysis and report writing for categories which have no potential for significant impacts and require no mitigation efforts or ones for which the analyst has already done the work on previous projects. Assuming there is a file of solid environmental information about the community, the Checklist is intended to be filled out in a few hours----no more than a day even for projects with many potential effects. More time may be needed later for thorough analysis where the Checklist review indicates either potential impacts or where insufficient data is readily available. Judgments at this stage should be based upon available data with perhaps the addition of a few well placed phone calls or a site visit if the area is unfamiliar to the analyst.

For each impact category the local environmental analyst is asked to enter the appropriate code relating to potential impacts, needed study, and mitigation or modification. In many cases more than one box could or should be checked. In each case a source should be cited which may be a report, phone contact, previous ERR field observation or general knowledge of the area. The determinations to be made for each impact category include:

No Impact Anticipated- A checkmark here indicates no more analysis or mitigation effort is needed. Clear and specific documentation is essential, referencing the factual conditions or specific circumstances that support the finding. Mere conclusions are not sufficient.

Potentially Beneficial-Beneficial impacts should be indicated here. Notations supporting that finding can be attached. A more detail analysis is not necessary.

Potentially Adverse/Requires Documentation Only- In some cases, this quick review may be all that is needed to evaluate impacts. They may be so small as to require no more study; they may be construction effects only for which standard mitigation procedures have been established; or they may have been analyzed for previous assessments in a fully comparable situation. Documentation here is particularly important and will require attached notes outlining sources explaining the factual basis of the impact finding and describing any mitigation efforts.

Potentially Adverse/Requires More Study--If this is checked, the impact category in question will be subject to further review (site visits, detailed review of data, consultation with experts, etc.) The points to remember are (1) only those categories with a check in this box need be subject to a detailed assessment and (2) this is not a decision about EIS preparation but a decision to investigate further.

Needs Mitigation-This column should be used in combination with the third and fourth columns indicating some type of potential adverse impact. In some cases specific measures to reduce adverse effects on a community cannot be discussed in full detail right away. Instead, such measures are subject to review and development and implementation responsibility as part of a more detailed analysis which follows. In other cases, mitigation measures may be known and recorded. Mitigation measures or safeguards should be listed for easy reference on the last page of the Checklist.


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Requires Project Modification --Early project review, affords a special opportunity to identify needed changes to the project itself before final applications are made or programs finalized. Often such changes can eliminate the need for further analysis by eliminating the source of the problem. It is also possible that changes (such as moving a project to a different site outside a high noise zone, or combining it with a new project to provide needed sewer or water lines) could be identified at this time.

In addition to these decisions as to potential impact or mitigation needs, the Checklist calls for sources or contacts to be identified which have contributed to the decision in a specific impact category. This may be done in the space provided, or more likely by reference to attached notes, which indicate sources or contacts and describe considerations made. On the final pages of the Checklist, the analyst is asked to look back over the individual decisions made and draw some conclusions for further action. This includes a listing of project modifications, impact categories requiring more study and mitigation efforts needed.

1. Land Development

Describe the results of having compared the project to applicable standards and plans. The description should be sufficient to indicate: a) any actual violations of law; b) whether or not the project is incompatible with an established plan, or fails to meet an established standard. Where incompatibility exists, an analysis and determination of whether or not to proceed with the project should be recorded and a decision to proceed should be explained.

Is the site subject to unusual terrain features such as steep slopes, abutting rock formations, or other conditions affecting construction, drainage, or livability? Does the proposed project appear to take advantage of the natural features of the site and area?

Are there unusual risks from natural hazards such as geologic faults, flash floods, volcanic activity, mudslides or fires, or from the presence of ponds, or hazardous terrain features?

Is the site subject to nuisances from odors, vibrations, unsightly areas, nearby landfills, traffic conflicts, hazardous industrial operations, other inconveniences or nuisances?

Are community energy supplies adequate to accommodate the energy consumption in the project? Are there indications that the project will promote inefficient energy utilization?

Contacts would include local Planning/Zoning Administrator or Department, architect/engineer or local building department, local fire department or health department.

2. Special Factors

Special factors that must be addressed are listed on the form, but there may be others. Any factor which, because of its unique or specialized character, might have the potential of pointing up serious environmental concerns, should be addressed.

Given the existing noise and estimated future noise levels at the site, is the site appropriate for the proposed activities? Will the project be exposed to noise levels which exceed HUD’s noise standards?

Does the project require a construction permit or operating permit under Department of Environmental Quality rules? If the project or potential users would be particularly sensitive to existing air pollution levels, or those expected 10 and 20 years hence, has the project been designed to mitigate possible adverse effects? Will the proposal establish a trend which, if continued, may lead to violation of air quality standards in the future?


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Will the project adversely affect the aesthetic image of the surrounding area? Will there be demonstrable destruction or physical alteration of the natural or man-made environment (clearance of trees or buildings, substantial regarding, etc.) Will the project block views or degrade them? Will there be intrusion of elements out of character or scale or is the proposed design integrated with the area in which it is located?

3. Socioeconomic

Will the project substantially change the income, racial, ethnic or age distribution of the neighborhood or community, or the institutions serving those population groups?

Will the project destroy or relocate existing jobs, facilities, services or business enterprises, or create or attract any of the same; so as to indirectly result in the immigration or emigration of individuals and families?

Will the project force the displacement of individuals and families?

Persons to contact include local planners, advocacy groups or organizations.

4. Community Facilities and Services

Describe the results of having examined the project with reference to the effect upon it of each of the factors listed on the form. Both existing services and programmed services (i.e. those scheduled to commence at or about a date certain in the future) should be taken into account. Services should be rated both in terms of access to the service and adequacy of the service.

Does the project location provide for adequate and safe access to school for elementary, junior and high school age children? Are the quality and capacity of such schools adequate?

Is there adequate access to employment opportunities for proposed occupants? Is there an adequate supply of employment opportunities considering the skill and income requirement of potential proposed occupants?

Is there adequate and convenient access to shopping?

Will the water supply and sanitary sewer systems be adequate to serve the proposed project and its occupants?

Will they meet fire flow, State health and any special treatment requirements?

Does the project location allow for adequate access for police and fire protection services?

Are police and fire protection services available to the project adequate to meet project needs?

Are parks, playgrounds and open space facilities in the project and surrounding area adequate to meet the needs of proposed occupants?

Are roads and off-street parking facilities adequate for private transportation?

5. Natural Features

Will the project make the area substantially more susceptible to erosion because of grading, increased runoff, or inadequate vegetative cover during or after construction, inadequate drainage plain or other causes?


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Will the project impede natural drainage patterns, which cannot be corrected, cause alterations in stream channel form, or otherwise affect groundwater movement?

Will construction over recharge areas substantially affect aquifer yields or water quality?

Will erosion or increased weathering rate of bedrock result in groundwater contamination?

Will erosion, increased runoff, or wastes from the project contaminate open streams and lakes? Will disruptions of water flow affect the characteristics of open streams and lakes?

Are there unique species of plant or animal life particularly susceptible to adverse impact from construction and human habitation?

Is there vegetation present, the loss of which would deny habitat to unique wildlife species, or to a substantial number of different animals? Will such vegetation be preserved?

I. Changes to the Original Project/Re-evaluation of Assessment Findings (24 CFR 58.47)

The RE must re-evaluate its environmental findings when:

The recipient proposes substantial changes in the nature, magnitude or extent of the project, including adding new activities not anticipated in the original scope of the project; or,There are new circumstances and environmental conditions that may affect the project or the environment, such as concealed or unexpected conditions discovered during implementation.

The purpose of the re-evaluation is to determine if the new circumstances still justify and support the environmental finding originally issued. If the original finding is still valid, the RE must affirm the original findings and update its ERR. However, if the re-evaluation is the result of a change in the scope of work, requiring an amendment to the contract, the RE must submit a Certification of Continued Environmental Status (Attachment 9) with its request to the Department for amendment approval.

If the RE determines that the original finding is no longer valid, it must re-initiate the appropriate EA or EIS process if its evaluation indicates potentially significant impacts.


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ENVIRONMENTAL REVIEW PROCESS Attachment 1

No

Yes

No Yes

Yes No

Yes No

NAHTF Manual December 20058-20

Identify responsibilitiesDevelop project description aggregating all project activities (58.32)Create an Environmental Review RecordDetermine level of environmental review

Exempt (58.34) Categorically Excluded Assessment

Review Checklist Part IConsult appropriate agenciesComplete Checklist Part I

Review Checklist Part I & IIConsult appropriate agenciesComplete Checklist Part I & II

Subject to 58.5 Prepare Finding(Attachment 5Send to DEDNo RROFPrepare Finding

(Attachment 5)Send to DEDNo RROF

Exempt from RROF

Prepare Finding(Attachment 5)

Send RROF/Certification (Attachment 6), Finding (Attachment 5) with documentation to DED

DED Releases FundsProceed with project

Project/conditions change andEnvironmental determinations still valid

Significant Impact?

Send RROF/Certification (Attachment 6), ERR Parts I & II with Statutory & Assessment Checklists with documentation to DED

Certification to DED (Attachment 11)

Repeat environmental review

DED releases funds, proceed with project

DED releases funds, proceed with project

Notify DED


[Code of Federal Regulations][Title 24, Volume 1][Revised as of October 29, 2003][CITE: 24CFR58.1]

TITLE 24--HOUSING AND URBAN DEVELOPMENTPART 58--ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

Sec. 58.1 Purpose and applicability.a. Purpose. This part provides instructions and guidance to recipients of HUD assistance and other

responsible entities for conducting an environmental review for a particular project or activity and for obtaining approval of a Request for Release of Funds.

b. Applicability. This part applies to activities and projects where specific statutory authority exists for recipients or other responsible entities to assume environmental responsibilities. Programs and activities subject to this part include:

1. Community Development Block Grant programs authorized by Title I of the Housing and Community Development Act of 1974, in accordance with section 104(g) (42 U.S.C. 5304(g));

2. [Reserved]3.

i. Grants to states and units of general local government under the Emergency Shelter Grant Program, Supportive Housing Program (and its predecessors, the Supportive Housing Demonstration Program (both Transitional Housing and Permanent Housing for Homeless Persons with Disabilities) and Supplemental Assistance for Facilities to Assist the Homeless), Shelter Plus Care Program, Safe Havens for Homeless Individuals Demonstration Program, and Rural Homeless Housing Assistance, authorized by Title IV of the McKinney-Vento Homeless Assistance Act, in accordance with section 443 (42 U.S.C. 11402);

ii. Grants beginning with Fiscal Year 2001 to private non-profit organizations and housing agencies under the Supportive Housing Program and Shelter Plus Care Program authorized by Title IV of the McKinney-Vento Homeless Assistance Act, in accordance with section 443 (42 U.S.C. 11402);

4. The HOME Investment Partnerships Program authorized by Title II of the Cranston-Gonzalez National Affordable Housing Act (NAHA), in accordance with section 288 (42 U.S.C. 12838);

5. Grants to States and units of general local government for abatement of lead-based paint and lead dust hazards pursuant to Title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1992, and grants for lead-based paint hazard reduction under section 1011 of the Housing and Community Development Act of 1992, in accordance with section 1011(o) (42 U.S.C. 4852(o));

6.i. Public Housing Programs under Title I of the United States Housing Act of 1937,

including HOPE VI grants authorized under section 24 of the Act for Fiscal Year 2000 and later, in accordance with section 26 (42 U.S.C. 1437x);

ii. Grants for the revitalization of severely distressed public housing (HOPE VI) for Fiscal Year 1999 and prior years, in accordance with Title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105-276, approved October 21, 1998); and

iii. Assistance administered by a public housing agency under section 8 of the United States Housing Act of 1937, except for assistance provided under part 886 of this title, in accordance with section 26 (42 U.S.C. 1437x);

7. Special Projects appropriated under an appropriation act for HUD, such as special projects under the heading ``Annual Contributions for Assisted Housing'' in Title II of various Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Acts, in accordance with section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547);

8. The FHA Multifamily Housing Finance Agency Program under section 542(c) of the Housing and Community Development Act of 1992, in accordance with section 542(c)(9)(12 U.S.C. 1707 note); and



9. The Self-Help Homeownership Opportunity Program under section 11 of the Housing Opportunity Program Extension Act of 1996 (Pub. L. 104-120, 110 Stat. 834), in accordance with section 11(m)).

10. Assistance provided under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), in accordance with:

i. Section 105 for Indian Housing Block Grants and Federal Guarantees or Financing for Tribal Housing Authorities (25 U.S.C. 4115 and 4226); and

ii. Section 806 for Native Hawaiian Housing Block Grants (25 U.S.C. 4226);11. Indian Housing Loan Guarantees authorized by section 184 of the Housing and Community

Development Act of 1992, in accordance with section 184(k) (12 U.S.C. 1715z-13a(k)); and12. Grants for Housing Opportunities for Persons with AIDS (HOPWA) under the AIDS Housing

Opportunity Act, as follows: competitive grants beginning with Fiscal Year 2001 and all formula grants, in accordance with section 856(h) (42 U.S.C. 12905(h)); all grants for Fiscal Year 1999 and prior years, in accordance with section 207(c) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105-276, approved October 21, 1998).

c. When HUD assistance is used to help fund a revolving loan fund that is administered by a recipient or another party, the activities initially receiving assistance from the fund are subject to the requirements in this part. Future activities receiving assistance from the revolving loan fund, after the fund has received loan repayments, are subject to the environmental review requirements if the rules of the HUD program that initially provided assistance to the fund continue to treat the activities as subject to the Federal requirements. If the HUD program treats the activities as not being subject to any Federal requirements, then the activities cease to become Federally-funded activities and the provisions of this part do not apply.

d. To the extent permitted by applicable laws and the applicable regulations of the Council on Environmental Quality, the Assistant Secretary for Community Planning and Development may, for good cause and with appropriate conditions, approve waivers and exceptions or establish criteria for exceptions from the requirements of this part.

Sec. 58.2 Terms, abbreviations and definitions.a. For the purposes of this part, the following definitions supplement the uniform terminology provided in

40 CFR part 1508: 1. Activity means an action that a grantee or recipient puts forth as part of an assisted project,

regardless of whether its cost is to be borne by the HUD assistance or is an eligible expense under the HUD assistance program.

2. Certifying Officer means the official who is authorized to execute the Request for Release of Funds and Certification and has the legal capacity to carry out the responsibilities of Sec. 58.13.

3. Extraordinary Circumstances means a situation in which an environmental assessment (EA) or environmental impact statement (EIS) is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:

i. Actions that are unique or without precedent;ii. Actions that are substantially similar to those that normally require an EIS;iii. Actions that are likely to alter existing HUD policy or HUD mandates; oriv. Actions that, due to unusual physical conditions on the site or in the vicinity, have

the potential for a significant impact on the environment or in which the environment could have a significant impact on users of the facility.

4. Project means an activity, or a group of integrally related activities, designed by the recipient to accomplish, in whole or in part, a specific objective.

5. Recipient means any of the following entities, when they are eligible recipients or grantees under a program listed in Sec. 58.1(b):

i. A State that does not distribute HUD assistance under the program to a unit of general local government;

ii. Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Palau;iii. A unit of general local government;iv. An Indian tribe;



v. With respect to Public Housing Programs under Sec. 58.1(b)(6)(i), fiscal year 1999 and prior HOPE VI grants under Sec. 58.1(b)(6)(ii) or Section 8 assistance under Sec. 58.1(b)(6)(iii), a public housing agency;

vi. Any direct grantee of HUD for a special project under Sec. 58.1(b)(7);vii. With respect to the FHA Multifamily Housing Finance Agency Program under 58.1(b)

(8), a qualified housing finance agency;viii. With respect to the Self-Help Homeownership Opportunity Program under Sec.

58.1(b)(9), any direct grantee of HUD.ix.

A. With respect to NAHASDA assistance under Sec. 58.1(b)(10), the Indian tribe or the Department of Hawaiian Home Lands; and

B. With respect to the Section 184 Indian Housing Loan Guarantee program under Sec. 58.1(b)(11), the Indian tribe.

x. With respect to the Shelter Plus Care and Supportive Housing Programs under Sec. 58.1(b)(3)(ii), nonprofit organizations and other entities.

6. Release of funds. In the case of the FHA Multifamily Housing Finance Agency Program under Sec. 58.1(b)(8), Release of Funds, as used in this part, refers to HUD issuance of a firm approval letter, and Request for Release of Funds refers to a recipient's request for a firm approval letter. In the case of the Section 184 Indian Housing Loan Guarantee program under Sec. 58.1(b)(11), Release of Funds refers to HUD's issuance of a commitment to guarantee a loan, or if there is no commitment, HUD's issuance of a certificate of guarantee.

7. Responsible Entity. Responsible Entity means: i. With respect to environmental responsibilities under programs listed in Sec. 58.1(b)

(1), (2), (3)(i), (4), and (5), a recipient under the program.ii. With respect to environmental responsibilities under the programs listed in Sec.

58.1(b)(3)(ii) and (6) through (12), a state, unit of general local government, Indian tribe or Alaska Native Village, or the Department of Hawaiian Home Lands, when it is the recipient under the program. Under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) listed in Sec. 58.1(b)(10)(i), the Indian tribe is the responsible entity whether or not a Tribally Designated Housing Entity is authorized to receive grant amounts on behalf of the tribe. The Indian tribe is also the responsible entity under the Section 184 Indian Housing Loan Guarantee program listed in Sec. 58.1(b)(11). Regional Corporations in Alaska are considered Indian tribes in this part. Non-recipient responsible entities are designated as follows:

A. For qualified housing finance agencies, the State or a unit of general local government, Indian tribe or Alaska native village whose jurisdiction contains the project site;

B. For public housing agencies, the unit of general local government within which the project is located that exercises land use responsibility, or if HUD determines this infeasible, the county, or if HUD determines this infeasible, the State;

C. For non-profit organizations and other entities, the unit of general local government, Indian tribe or Alaska native village within which the project is located that exercises land use responsibility, or if HUD determines this infeasible, the county, or if HUD determines this infeasible, the State;

D. For Indian housing authorities (outside of Alaska), the Indian tribe in whose jurisdiction the project is located, or if the project is located outside of a reservation, the Indian tribe that established the authority; and

E. For Indian housing authorities in Alaska, the Alaska native village in whose community the project is located, or if HUD determines this infeasible, a unit of general local government or the State, as designated by HUD.

8. Unit Density refers to a change in the number of dwelling units. Where a threshold is identified as a percentage change in density that triggers review requirements, no distinction is made between an increase or a decrease in density.

9. Tiering means the evaluation of an action or an activity at various points in the development process as a proposal or event becomes ripe for an Environment Assessment or Review.



10. Vacant Building means a habitable structure that has been vacant for more than one year.b. The following abbreviations are used throughout this part:

1. CDBG--Community Development Block Grant;2. CEQ--Council on Environmental Quality;3. EA--Environmental Assessment;4. EIS--Environmental Impact Statement;5. EPA--Environmental Protection Agency;6. ERR--Environmental Review Record;7. FONSI--Finding of No Significant Impact;8. HUD--Department of Housing and Urban Development;9. NAHA--Cranston-Gonzalez National Affordable Housing Act of 1990;10. NEPA--National Environmental Policy Act of 1969, as amended;11. NOI/EIS--Notice of Intent to Prepare an EIS;12. NOI/RROF--Notice of Intent to Request Release of Funds;13. ROD--Record of Decision;14. ROF--Release of Funds; and15. RROF--Request for Release of Funds.

Sec. 58.4 Assumption authority.a. Assumption authority for responsible entities: General. Responsible entities shall assume the

responsibility for environmental review, decision-making, and action that would otherwise apply to HUD under NEPA and other provisions of law that further the purposes of NEPA, as specified in Sec. 58.5. Responsible entities that receive assistance directly from HUD assume these responsibilities by execution of a grant agreement with HUD and/or a legally binding document such as the certification contained on HUD Form 7015.15, certifying to the assumption of environmental responsibilities. When a State distributes funds to a responsible entity, the State must provide for appropriate procedures by which these responsible entities will evidence their assumption of environmental responsibilities.

b. Particular responsibilities of the States. 1. States are recipients for purposes of directly undertaking a State project and must assume

the environmental review responsibilities for the State's activities and those of any non-governmental entity that may participate in the project. In this case, the State must submit the certification and RROF to HUD for approval.

2. States must exercise HUD's responsibilities in accordance with Sec. 58.18, with respect to approval of a unit of local government's environmental certification and RROF for a HUD assisted project funded through the state. Approval by the state of a unit of local government's certification and RROF satisfies the Secretary's responsibilities under NEPA and the related laws cited in Sec. 58.5.

c. Particular responsibilities of Indian tribes. An Indian tribe may, but is not required to, assume responsibilities for environmental review, decision-making and action for programs authorized by the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (other than title VIII) or section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a). The tribe must make a separate decision regarding assumption of responsibilities for each of these Acts and communicate that decision in writing to HUD. If the tribe assumes these responsibilities, the requirements of this part shall apply. If a tribe formally declines assumption of these responsibilities, they are retained by HUD and the provisions of part 50 of this title apply.

Sec. 58.5 Related Federal laws and authorities.In accordance with the provisions of law cited in Sec. 58.1(b), the responsible entity must assume responsibilities for environmental review, decision-making and action that would apply to HUD under the following specified laws and authorities. The responsible entity must certify that it has complied with the requirements that would apply to HUD under these laws and authorities and must consider the criteria, standards, policies and regulations of these laws and authorities.a. Historic properties.



1. The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), particularly sections 106 and 110 (16 U.S.C. 470 and 470h-2).

2. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 CFR 1971-1975 Comp., p. 559, particularly section 2(c).

3. Federal historic preservation regulations as follows: i. 36 CFR part 800 with respect to HUD programs other than Urban Development

Action Grants (UDAG); andii. 36 CFR part 801 with respect to UDAG.

4. The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.), particularly section 3 (16 U.S.C. 469a-1).

b. Floodplain management and wetland protection. 1. Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977

Comp., p. 117, as interpreted in HUD regulations at 24 CFR part 55, particularly section 2(a) of the order (For an explanation of the relationship between the decision-making process in 24 CFR part 55 and this part, see Sec. 55.10 of this subtitle A.)

2. Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 CFR, 1977 Comp., p. 121, particularly sections 2 and 5.

c. Coastal Zone Management. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended, particularly section 307(c) and (d) (16 U.S.C. 1456(c) and (d)).

d. Sole source aquifers. 1. The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as

amended; particularly section 1424(e)(42 U.S.C. 300h-3(e)).2. Sole Source Aquifers (Environmental Protection Agency--40 CFR part 149).

e. Endangered species. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as amended, particularly section 7 (16 U.S.C. 1536).

f. Wild and scenic rivers. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) as amended, particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c)).

g. Air quality. 1. The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d)

(42 U.S.C. 7506(c) and (d)).2. Determining Conformity of Federal Actions to State or Federal Implementation Plans

(Environmental Protection Agency-- 40 CFR parts 6, 51, and 93).h. Farmlands protection.

1. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) particularly sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202).

2. Farmland Protection Policy (Department of Agriculture--7 CFR part 658). i. HUD environmental standards.

1. Applicable criteria and standards specified in part 51 of this title, other than the runway clear zone notification requirement in Sec. 51.303(a)(3).

2.i. Also, it is HUD policy that all properties that are being proposed for use in HUD

programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property.

ii. The environmental review of multifamily housing with five or more dwelling units (including leasing), or non-residential property, must include the evaluation of previous uses of the site or other evidence of contamination on or near the site, to ensure that the occupants of proposed sites are not adversely affected by any of the hazards listed in paragraph (i)(2)(i) of this section.



iii. Particular attention should be given to any proposed site on or in the general proximity of such areas as dumps, landfills, industrial sites, or other locations that contain, or may have contained, hazardous wastes.

iv. The responsible entity shall use current techniques by qualified professionals to undertake investigations determined necessary.

j. Environmental justice. Executive Order 12898--Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, February 11, 1994 (59 FR 7629), 3 CFR, 1994 Comp. p. 859.

Sec. 58.6 Other requirements.In addition to the duties under the laws and authorities specified in Sec. 58.5 for assumption by the responsible entity under the laws cited in Sec. 58.1(b), the responsible entity must comply with the following requirements. Applicability of the following requirements does not trigger the certification and release of funds procedure under this part or preclude exemption of an activity under Sec. 58.34(a)(12) and/or the applicability of Sec. 58.35(b). However, the responsible entity remains responsible for addressing the following requirements in its ERR and meeting these requirements, where applicable, regardless of whether the activity is exempt under Sec. 58.34 or categorically excluded under Sec. 58.35(a) or (b).a.

1. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless:

i. The community in which the area is situated is participating in the National Flood Insurance Program (see 44 CFR parts 59 through 79), or less than one year has passed since the FEMA notification regarding such hazards; and

ii. Where the community is participating in the National Flood Insurance Program, flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner.

2. Where the community is participating in the National Flood Insurance Program and the recipient provides financial assistance for acquisition or construction purposes (including rehabilitation) for property located in an area identified by FEMA as having special flood hazards, the responsible entity is responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained.

3. Paragraph (a) of this section does not apply to Federal formula grants made to a State.b. Under section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 5154a, HUD disaster

assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a person for repair, replacement or restoration for flood damage to any personal, residential or commercial property if:

1. The person had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and

2. The person failed to obtain and maintain flood insurance.c. Pursuant to the Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of

1990 (16 U.S.C. 3501), HUD assistance may not be used for most activities proposed in the Coastal Barrier Resources System.

d. In all cases involving HUD assistance, subsidy, or insurance for the purchase or sale of an existing property in a Runway Clear Zone or Clear Zone, as defined in 24 CFR part 51, the responsible entity shall advise the buyer that the property is in a runway clear zone or clear zone, what the implications of such a location are, and that there is a possibility that the property may, at a later date, be acquired by the airport operator. The buyer must sign a statement acknowledging receipt of this information.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15271, Mar. 30, 1998]Sec. 58.10 Basic environmental responsibility.In accordance with the provisions of law cited in Sec. 58.1(b), except as otherwise provided in Sec. 58.4(c), the responsible entity must assume the environmental responsibilities for projects under programs cited in Sec. 58.1(b). In doing so, the responsible entity must comply with the provisions of NEPA and the CEQ regulations contained in 40 CFR parts 1500 through 1508, including the requirements set forth in this part.[63 FR 15271, Mar. 30, 1998]



Sec. 58.11 Legal capacity and performance.a. A responsible entity which believes that it does not have the legal capacity to carry out the

environmental responsibilities required by this part must contact the appropriate local HUD Office or the State for further instructions. Determinations of legal capacity will be made on a case-by-case basis.

b. If a public housing, special project, HOPWA, Supportive Housing, Shelter Plus Care, or Self-Help Homeownership Opportunity recipient that is not a responsible entity objects to the non-recipient responsible entity conducting the environmental review on the basis of performance, timing, or compatibility of objectives, HUD will review the facts to determine who will perform the environmental review.

c. At any time, HUD may reject the use of a responsible entity to conduct the environmental review in a particular case on the basis of performance, timing or compatibility of objectives, or in accordance with Sec. 58.77(d)(1).

d. If a responsible entity, other than a recipient, objects to performing an environmental review, or if HUD determines that the responsible entity should not perform the environmental review, HUD may designate another responsible entity to conduct the review in accordance with this part or may itself conduct the environmental review in accordance with the provisions of 24 CFR part 50.

Sec. 58.12 Technical and administrative capacity.The responsible entity must develop the technical and administrative capability necessary to comply with 40 CFR parts 1500 through 1508 and the requirements of this part.Sec. 58.13 Responsibilities of the certifying officer.Under the terms of the certification required by Sec. 58.71, a responsible entity's certifying officer is the "responsible Federal official'' as that term is used in section 102 of NEPA and in statutory provisions cited in Sec. 58.1(b). The Certifying Officer is therefore responsible for all the requirements of section 102 of NEPA and the related provisions in 40 CFR parts 1500 through 1508, and 24 CFR part 58, including the related Federal authorities listed in Sec. 58.5. The Certifying Officer must also:a. Represent the responsible entity and be subject to the jurisdiction of the Federal courts. The Certifying

Officer will not be represented by the Department of Justice in court; andb. Ensure that the responsible entity reviews and comments on all EISs prepared for Federal projects

that may have an impact on the recipient's program. Sec. 58.14 Interaction with State, Federal and non-Federal entities.A responsible entity shall consult with appropriate environmental agencies, State, Federal and non-Federal entities and the public in the preparation of an EIS, EA or other environmental reviews undertaken under the related laws and authorities cited in Sec. 58.5 and Sec. 58.6. The responsible entity must also cooperate with other agencies to reduce duplication between NEPA and comparable environmental review requirements of the State (see 40 CFR 1506.2 (b) and (c)). The responsible entity must prepare its EAs and EISs so that they comply with the environmental review requirements of both Federal and State laws unless otherwise specified or provided by law. State, Federal and local agencies may participate or act in a joint lead or cooperating agency capacity in the preparation of joint EISs or joint environmental assessments (see 40 CFR 1501.5(b) and 1501.6). A single EIS or EA may be prepared and adopted by multiple users to the extent that the review addresses the relevant environmental issues and there is a written agreement between the cooperating agencies which sets forth the coordinated and overall responsibilities.[63 FR 15271, Mar 30, 1998]Sec. 58.15 Tiering.Responsible entities may tier their environmental reviews and assessments to eliminate repetitive discussions of the same issues at subsequent levels of review. Tiering is appropriate when there is a requirement to evaluate a policy or proposal in the early stages of development or when site-specific analysis or mitigation is not currently feasible and a more narrow or focused analysis is better done at a later date. The site specific review need only reference or summarize the issues addressed in the broader review. The broader review should identify and evaluate those issues ripe for decision and exclude those issues not relevant to the policy, program or project under consideration. The broader review should also establish the policy, standard or process to be followed in the site specific review. The Finding of No Significant Impact (FONSI) with respect to the broader assessment shall include a summary of the assessment and identify the significant issues to be considered in site specific reviews. Subsequent site-specific reviews will not require notices or a Request for Release of Funds unless the Certifying Officer determines that there are unanticipated impacts or impacts not adequately addressed in the prior review. A tiering approach can be used for meeting environmental review requirements in areas designated for special focus in local



Consolidated Plans. Local and State Governments are encouraged to use the Consolidated Plan process to facilitate environmental reviews.Sec. 58.17 [Reserved]Sec. 58.18 Environmental responsibilities of States assuming HUD responsibilities.States that elect to administer a HUD program shall ensure that the program complies with the provisions of this part. The state must: a. Designate the state agency or agencies that will be responsible for carrying out the requirements and

administrative responsibilities set forth in subpart H of this part and which will:1. Develop a monitoring and enforcement program for post-review actions on environmental

reviews and monitor compliance with any environmental conditions included in the award. 2. Receive public notices, RROFs, and certifications from recipients pursuant to Sec. 58.70 and

Sec. 58.71; accept objections from the public and from other agencies (Sec. 58.73); and perform other related responsibilities regarding releases of funds.

b. Fulfill the state role in subpart H relative to the time period set for the receipt and disposition of comments, objections and appeals (if any) on particular projects.

Sec. 58.21 Time periods.All time periods in this part shall be counted in calendar days. The first day of a time period begins at 12:01 a.m. local time on the day following the publication or the mailing and posting date of the notice which initiates the time period.Sec. 58.22 Limitations on activities pending clearance.a. Neither a recipient nor any participant in the development process, including public or private

nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in Sec. 58.1(b) on an activity or project until HUD or the state has approved the recipient's RROF and the related certification from the responsible entity. In addition, until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in Sec. 58.1(b) if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives.

b. If a project or activity is exempt under Sec. 58.34, or is categorically excluded (except in extraordinary circumstances) under Sec. 58.35(b), no RROF is required and the recipient may undertake the activity immediately after the responsible entity has documented its determination as required in Sec. 58.34(b) and Sec. 58.35(d), but the recipient must comply with applicable requirements under Sec. 58.6.

c. If a recipient is considering an application from a prospective subrecipient or beneficiary and is aware that the prospective subrecipient or beneficiary is about to take an action within the jurisdiction of the recipient that is prohibited by paragraph (a) of this section, then the recipient will take appropriate action to ensure that the objectives and procedures of NEPA are achieved.

d. An option agreement on a proposed site or property is allowable prior to the completion of the environmental review if the option agreement is subject to a determination by the recipient on the desirability of the property for the project as a result of the completion of the environmental review in accordance with this part and the cost of the option is a nominal portion of the purchase price. There is no constraint on the purchase of an option by third parties that have not been selected for HUD funding, have no responsibility for the environmental review and have no say in the approval or disapproval of the project.

e. Self-Help Homeownership Opportunity Program (SHOP). In accordance with section 11(d)(2)(A) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note), an organization, consortium, or affiliate receiving assistance under the SHOP program may advance nongrant funds to acquire land prior to completion of an environmental review and approval of a Request for Release of Funds (RROF) and certification, notwithstanding paragraph (a) of this section. Any advances to acquire land prior to approval of the RROF and certification are made at the risk of the organization, consortium, or affiliate and reimbursement for such advances may depend on the result of the environmental review. This authorization is limited to the SHOP program only and all other forms of HUD assistance are subject to the limitations in paragraph (a) of this section.

f. Relocation. Funds may be committed for relocation assistance before the approval of the RROF and related certification for the project provided that the relocation assistance is required by 24 CFR part 42.

Sec. 58.23 Financial assistance for environmental review.



The costs of environmental reviews, including costs incurred in complying with any of the related laws and authorities cited in Sec. 58.5 and Sec. 58.6, are eligible costs to the extent allowable under the HUD assistance program regulationsSec. 58.30 Environmental review process.a. The environmental review process consists of all the actions that a responsible entity must take to

determine compliance with this part. The environmental review process includes all the compliance actions needed for other activities and projects that are not assisted by HUD but are aggregated by the responsible entity in accordance with Sec. 58.32.

b. The environmental review process should begin as soon as a recipient determines the projected use of HUD assistance.

Sec. 58.32 Project aggregation.a. A responsible entity must group together and evaluate as a single project all individual activities which

are related either on a geographical or functional basis, or are logical parts of a composite of contemplated actions.

b. In deciding the most appropriate basis for aggregation when evaluating activities under more than one program, the responsible entity may choose: functional aggregation when a specific type of activity (e.g., water improvements) is to take place in several separate locales or jurisdictions; geographic aggregation when a mix of dissimilar but related activities is to be concentrated in a fairly specific project area (e.g., a combination of water, sewer and street improvements and economic development activities); or a combination of aggregation approaches, which, for various project locations, considers the impacts arising from each functional activity and its interrelationship with other activities.

c. The purpose of project aggregation is to group together related activities so that the responsible entity can:

1. Address adequately and analyze, in a single environmental review, the separate and combined impacts of activities that are similar, connected and closely related, or that are dependent upon other activities and actions. (See 40 CFR 1508.25(a)).

2. Consider reasonable alternative courses of action.3. Schedule the activities to resolve conflicts or mitigate the individual, combined and/or

cumulative effects.4. Prescribe mitigation measures and safeguards including project alternatives and

modifications to individual activities.d. Multi-year project aggregation--

1. Release of funds. When a recipient's planning and program development provide for activities to be implemented over two or more years, the responsible entity's environmental review should consider the relationship among all component activities of the multi-year project regardless of the source of funds and address and evaluate their cumulative environmental effects. The estimated range of the aggregated activities and the estimated cost of the total project must be listed and described by the responsible entity in the environmental review and included in the RROF. The release of funds will cover the entire project period.

2. When one or more of the conditions described in Sec. 58.47 exists, the recipient or other responsible entity must re-evaluate the environmental review.

Sec. 58.33 Emergencies.a. In the cases of emergency, disaster or imminent threat to health and safety which warrant the taking

of an action with significant environmental impact, the provisions of 40 CFR 1506.11 shall apply.b. If funds are needed on an emergency basis and adherence to separate comment periods would

prevent the giving of assistance during a Presidentially declared disaster, or during a local emergency that has been declared by the chief elected official of the responsible entity who has proclaimed that there is an immediate need for public action to protect the public safety, the combined Notice of FONSI and Notice of Intent to Request Release of Funds (NOI/RROF) may be disseminated and/or published simultaneously with the submission of the RROF. The combined Notice of FONSI and NOI/RROF shall state that the funds are needed on an emergency basis due to a declared disaster and that the comment periods have been combined. The Notice shall also invite commenters to submit their comments to both HUD and the responsible entity issuing the notice to ensure that these comments will receive full consideration.

Sec. 58.34 Exempt activities.



a. Except for the applicable requirements of Sec. 58.6, the responsible entity does not have to comply with the requirements of this part or undertake any environmental review, consultation or other action under NEPA and the other provisions of law or authorities cited in Sec. 58.5 for the activities exempt by this section or projects consisting solely of the following exempt activities:

1. Environmental and other studies, resource identification and the development of plans and strategies;

2. Information and financial services;3. Administrative and management activities;4. Public services that will not have a physical impact or result in any physical changes,

including but not limited to services concerned with employment, crime prevention, child care, health, drug abuse, education, counseling, energy conservation and welfare or recreational needs;

5. Inspections and testing of properties for hazards or defects;6. Purchase of insurance;7. Purchase of tools;8. Engineering or design costs;9. Technical assistance and training;10. Assistance for temporary or permanent improvements that do not alter environmental

conditions and are limited to protection, repair, or restoration activities necessary only to control or arrest the effects from disasters or imminent threats to public safety including those resulting from physical deterioration;

11. Payment of principal and interest on loans made or obligations guaranteed by HUD;12. Any of the categorical exclusions listed in Sec. 58.35(a) provided that there are no

circumstances which require compliance with any other Federal laws and authorities cited in Sec. 58.5.

b. A recipient does not have to submit an RROF and certification, and no further approval from HUD or the State will be needed by the recipient for the drawdown of funds to carry out exempt activities and projects. However, the responsible entity must document in writing its determination that each activity or project is exempt and meets the conditions specified for such exemption under this section.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15271, Mar. 30, 1998]Sec. 58.35 Categorical exclusions.Categorical exclusion refers to a category of activities for which no environmental impact statement or environmental assessment and finding of no significant impact under NEPA is required, except in extraordinary circumstances (see Sec. 58.2(a)(3)) in which a normally excluded activity may have a significant impact. Compliance with the other applicable Federal environmental laws and authorities listed in Sec. 58.5 is required for any categorical exclusion listed in paragraph (a) of this section.

a. Categorical exclusions subject to Sec. 58.5. The following activities are categorically excluded under NEPA, but may be subject to review under authorities listed in Sec. 58.5:

1. Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent (e.g., replacement of water or sewer lines, reconstruction of curbs and sidewalks, repaving of streets).

2. Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons.

3. Rehabilitation of buildings and improvements when the following conditions are met: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;

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.

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.

4.i. An individual action on up to four dwelling units where there is a maximum of

four units on any one site. The units can be four one-unit buildings or one four-unit building or any combination in between; or

ii. An individual action on a project of 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.

iii. Paragraphs (a)(4)(i) and (ii) of this section do not apply to rehabilitation of a building for residential use (with one to four units) (see paragraph (a)(3)(i) of this section).

5. Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including leasing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the same use.

6. Combinations of the above activities.b. Categorical exclusions not subject to Sec. 58.5. The Department has determined that the

following categorically excluded activities would not alter any conditions that would require a review or compliance determination under the Federal laws and authorities cited in Sec. 58.5. When the following kinds of activities are undertaken, the responsible entity does not have to publish a NOI/RROF or execute a certification and the recipient does not have to submit a RROF to HUD (or the State) except in the circumstances described in paragraph (c) of this section. Following the award of the assistance, no further approval from HUD or the State will be needed with respect to environmental requirements, except where paragraph (c) of this section applies. The recipient remains responsible for carrying out any applicable requirements under Sec. 58.6.

1. Tenant-based rental assistance;2. Supportive services including, but not limited to, health care, housing services,

permanent housing placement, day care, nutritional services, short-term payments for rent/mortgage/utility costs, and assistance in gaining access to local, State, and Federal government benefits and services;

3. Operating costs including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training and recruitment and other incidental costs;

4. Economic development activities, including but not limited to, equipment purchase, inventory financing, interest subsidy, operating expenses and similar costs not associated with construction or expansion of existing operations;

5. Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction, including closing costs and down payment assistance, interest buydowns, and similar activities that result in the transfer of title.

6. Affordable housing pre-development costs including legal, consulting, developer and other costs related to obtaining site options, project financing, administrative costs and fees for loan commitments, zoning approvals, and other related activities which do not have a physical impact.

7. Approval of supplemental assistance (including insurance or guarantee) to a project previously approved under this part, if the approval is made by the same responsible entity that conducted the environmental review on the original project and re-evaluation of the environmental findings is not required under Sec. 58.47.

c. Circumstances requiring NEPA review. If a responsible entity determines that an activity or project identified in paragraph (a) or (b) of this section, because of extraordinary circumstances and



conditions at or affecting the location of the activity or project, may have a significant environmental effect, it shall comply with all the requirements of this part.

d. The Environmental Review Record (ERR) must contain a well organized written record of the process and determinations made under this section.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998]Sec. 58.36 Environmental assessments.If a project is not exempt or categorically excluded under Secs. 58.34 and 58.35, the responsible entity must prepare an EA in accordance with subpart E of this part. If it is evident without preparing an EA that an EIS is required under Sec. 58.37, the responsible entity should proceed directly to an EIS.Sec. 58.37 Environmental impact statement determinations.a. An EIS is required when the project is determined to have a potentially significant impact on the

human environment.b. An EIS is required under any of the following circumstances, except as provided in paragraph (c) of

this section:1. The project would provide a site or sites for, or result in the construction of, hospitals or

nursing homes containing a total of 2,500 or more beds.2. The project would remove, demolish, convert or substantially rehabilitate 2,500 or more

existing housing units (but not including rehabilitation projects categorically excluded under Sec. 58.35), or would result in the construction or installation of 2,500 or more housing units, or would provide sites for 2,500 or more housing units.

3. The project would provide enough additional water and sewer capacity to support 2,500 or more additional housing units. The project does not have to be specifically intended for residential use nor does it have to be totally new construction. If the project is designed to provide upgraded service to existing development as well as to serve new development, only that portion of the increased capacity which is intended to serve new development should be counted.

c. If, on the basis of an EA, a responsible entity determines that the thresholds in paragraph (b) of this section are the sole reason for the EIS, the responsible entity may prepare a FONSI pursuant to 40 CFR 1501.4. In such cases, the FONSI must be made available for public review for at least 30 days before the responsible entity makes the final determination whether to prepare an EIS.

d. Notwithstanding paragraphs (a) through (c) of this section, an EIS is not required where Sec. 58.53 is applicable.

e. Recommended EIS Format. The responsible entity must use the EIS format recommended by the CEQ regulations (40 CFR 1502.10) unless a determination is made on a particular project that there is a compelling reason to do otherwise. In such a case, the EIS format must meet the minimum requirements prescribed in 40 CFR 1502.10.

Sec. 58.38 Environmental review record.The responsible entity must maintain a written record of the environmental review undertaken under this part for each project. This document will be designated the "Environmental Review Record'' (ERR), and shall be available for public review. The responsible entity must use the current HUD-recommended formats or develop equivalent formats. a. ERR Documents. The ERR shall contain all the environmental review documents, public notices and

written determinations or environmental findings required by this part as evidence of review, decision making and actions pertaining to a particular project of a recipient. The document shall:

1. Describe the project and the activities that the recipient has determined to be part of the project;

2. Evaluate the effects of the project or the activities on the human environment;3. Document compliance with applicable statutes and authorities, in particular those cited in

Sec. 58.5 and 58.6; and4. Record the written determinations and other review findings required by this part (e.g.,

exempt and categorically excluded projects determinations, findings of no significant impact).

b. Other documents and information. The ERR shall also contain verifiable source documents and relevant base data used or cited in EAs, EISs or other project review documents. These documents may be incorporated by reference into the ERR provided that each source document is identified and available for inspection by interested parties. Proprietary material and special studies prepared for the



recipient that are not otherwise generally available for public review shall not be incorporated by reference but shall be included in the ERR.

Sec. 58.40 Preparing the environmental assessment.The responsible entity may prepare the EA using the HUD recommended format. In preparing an EA for a particular project, the responsible entity must: a. Determine existing conditions and describe the character, features and resources of the project area

and its surroundings; identify the trends that are likely to continue in the absence of the project.b. Identify all potential environmental impacts, whether beneficial or adverse, and the conditions that

would change as a result of the project.c. Identify, analyze and evaluate all impacts to determine the significance of their effects on the human

environment and whether the project will require further compliance under related laws and authorities cited in Sec. 58.5 and Sec. 58.6.

d. Examine and recommend feasible ways in which the project or external factors relating to the project could be modified in order to eliminate or minimize adverse environmental impacts.

e. Examine alternatives to the project itself, if appropriate, including the alternative of no action.f. Complete all environmental review requirements necessary for the project's compliance with

applicable authorities cited in Secs. 58.5 and 58.6.g. Based on steps set forth in paragraph (a) through (f) of this section, make one of the following

findings:1. A Finding of No Significant Impact (FONSI), in which the responsible entity determines that

the project is not an action that will result in a significant impact on the quality of the human environment. The responsible entity may then proceed to Sec. 58.43.

2. A finding of significant impact, in which the project is deemed to be an action which may significantly affect the quality of the human environment. The responsible entity must then proceed with its environmental review under subpart F or G of this part.

Sec. 58.43 Dissemination and/or publication of the findings of no significant impact.a. If the responsible entity makes a finding of no significant impact, it must prepare a FONSI notice, using

the current HUD-recommended format or an equivalent format. As a minimum, the responsible entity must send the FONSI notice to individuals and groups known to be interested in the activities, to the local news media, to the appropriate tribal, local, State and Federal agencies; to the Regional Offices of the Environmental Protection Agency having jurisdiction and to the HUD Field Office (or the State where applicable). The responsible entity may also publish the FONSI notice in a newspaper of general circulation in the affected community. If the notice is not published, it must also be prominently displayed in public buildings, such as the local Post Office and within the project area or in accordance with procedures established as part of the citizen participation process.

b. The responsible entity may disseminate or publish a FONSI notice at the same time it disseminates or publishes the NOI/RROF required by Sec. 58.70. If the notices are released as a combined notice, the combined notice shall:

1. Clearly indicate that it is intended to meet two separate procedural requirements; and2. Advise the public to specify in their comments which "notice'' their comments address.

c. The responsible entity must consider the comments and make modifications, if appropriate, in response to the comments, before it completes its environmental certification and before the recipient submits its RROF. If funds will be used in Presidentially declared disaster areas, modifications resulting from public comment, if appropriate, must be made before proceeding with the expenditure of funds.

Sec. 58.45 Public comment periods.Required notices must afford the public the following minimum comment periods, counted in accordance with Sec. 58.21:a. Notice of Finding of No Significant Impact (FONSI): 15 days when published or, if no publication, 18

days when mailing and postingb. Notice of Intent to Request Release of Funds (NOI-RROF): 7 days when published or, if no publication,

10 days when mailing and postingc. Concurrent or combined notices: 15 days when published or, if no publication, 18 days when mailing

and postingSec. 58.46 Time delays for exceptional circumstances.



The responsible entity must make the FONSI available for public comments for 30 days before the recipient files the RROF when: a. There is a considerable interest or controversy concerning the project;b. The proposed project is similar to other projects that normally require the preparation of an EIS; orc. The project is unique and without precedent. Sec. 58.47 Re-evaluation of environmental assessments and other environmental findings.a. A responsible entity must re-evaluate its environmental findings to determine if the original findings

are still valid, when:1. The recipient proposes substantial changes in the nature, magnitude or extent of the project,

including adding new activities not anticipated in the original scope of the project;2. There are new circumstances and environmental conditions which may affect the project or

have a bearing on its impact, such as concealed or unexpected conditions discovered during the implementation of the project or activity which is proposed to be continued; or

3. The recipient proposes the selection of an alternative not in the original finding.b.

1. If the original findings are still valid but the data or conditions upon which they were based have changed, the responsible entity must affirm the original findings and update its ERR by including this re-evaluation and its determination based on its findings. Under these circumstances, if a FONSI notice has already been published, no further publication of a FONSI notice is required.

2. If the responsible entity determines that the original findings are no longer valid, it must prepare an EA or an EIS if its evaluation indicates potentially significant impacts.

3. Where the recipient is not the responsible entity, the recipient must inform the responsible entity promptly of any proposed substantial changes under paragraph (a)(1) of this section, new circumstances or environmental conditions under paragraph (a)(2) of this section, or any proposals to select a different alternative under paragraph (a)(3) of this section, and must then permit the responsible entity to re-evaluate the findings before proceeding.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998]Sec. 58.52 Adoption of other agencies' EISs.The responsible entity may adopt a draft or final EIS prepared by another agency provided that the EIS was prepared in accordance with 40 CFR parts 1500 through 1508. If the responsible entity adopts an EIS prepared by another agency, the procedure in 40 CFR 1506.3 shall be followed. An adopted EIS may have to be revised and modified to adapt it to the particular environmental conditions and circumstances of the project if these are different from the project reviewed in the EIS. In such cases the responsible entity must prepare, circulate, and file a supplemental draft EIS in the manner prescribed in Sec. 58.60(d) and otherwise comply with the clearance and time requirements of the EIS process, except that scoping requirements under 40 CFR 1501.7 shall not apply. The agency that prepared the original EIS should be informed that the responsible entity intends to amend and adopt the EIS. The responsible entity may adopt an EIS when it acts as a cooperating agency in its preparation under 40 CFR 1506.3. The responsible entity is not required to re-circulate or file the EIS, but must complete the clearance process for the RROF. The decision to adopt an EIS shall be made a part of the project ERR.Sec. 58.53 Use of prior environmental impact statements.Where any final EIS has been listed in the Federal Register for a project pursuant to this part, or where an areawide or similar broad scale final EIS has been issued and the EIS anticipated a subsequent project requiring an environmental clearance, then no new EIS is required for the subsequent project if all the following conditions are met: a. The ERR contains a decision based on a finding pursuant to Sec. 58.40 that the proposed project is not

a new major Federal action significantly affecting the quality of the human environment. The decision shall include:

1. References to the prior EIS and its evaluation of the environmental factors affecting the proposed subsequent action subject to NEPA;

2. An evaluation of any environmental factors which may not have been previously assessed, or which may have significantly changed;



3. An analysis showing that the proposed project is consistent with the location, use, and density assumptions for the site and with the timing and capacity of the circulation, utility, and other supporting infrastructure assumptions in the prior EIS;

4. Documentation showing that where the previous EIS called for mitigating measures or other corrective action, these are completed to the extent reasonable given the current state of development.

b. The prior final EIS has been filed within five (5) years, and updated as follows: 1. The EIS has been updated to reflect any significant revisions made to the assumptions under

which the original EIS was prepared;2. The EIS has been updated to reflect new environmental issues and data or legislation and

implementing regulations which may have significant environmental impact on the project area covered by the prior EIS.

c. There is no litigation pending in connection with the prior EIS, and no final judicial finding of inadequacy of the prior EIS has been made.

Sec. 58.55 Notice of intent to prepare an EIS.As soon as practicable after the responsible entity decides to prepare an EIS, it must publish a NOI/EIS, using the HUD recommended format and disseminate it in the same manner as required by 40 CFR parts 1500 through 1508.Sec. 58.56 Scoping process.The determination on whether or not to hold a scoping meeting will depend on the same circumstances and factors as for the holding of public hearings under Sec. 58.59. The responsible entity must wait at least 15 days after disseminating or publishing the NOI/EIS before holding a scoping meeting.Sec. 58.57 Lead agency designation.If there are several agencies ready to assume the lead role, the responsible entity must make its decision based on the criteria in 40 CFR 1501.5(c). If the responsible entity and a Federal agency are unable to reach agreement, then the responsible entity must notify HUD (or the State, where applicable). HUD (or the State) will assist in obtaining a determination based on the procedure set forth in 40 CFR 1501.5(e).Sec. 58.59 Public hearings and meetings.a. Factors to consider. In determining whether or not to hold public hearings in accordance with 40 CFR

1506.6, the responsible entity must consider the following factors: 1. The magnitude of the project in terms of economic costs, the geographic area involved, and

the uniqueness or size of commitment of resources involved.2. The degree of interest in or controversy concerning the project.3. The complexity of the issues and the likelihood that information will be presented at the

hearing which will be of assistance to the responsible entity.4. The extent to which public involvement has been achieved through other means.

b. Procedure. All public hearings must be preceded by a notice of public hearing, which must be published in the local news media 15 days before the hearing date. The Notice must:

1. State the date, time, place, and purpose of the hearing or meeting.2. Describe the project, its estimated costs, and the project area.3. State that persons desiring to be heard on environmental issues will be afforded the

opportunity to be heard.4. State the responsible entity's name and address and the name and address of its Certifying

Officer.5. State what documents are available, where they can be obtained, and any charges that may

apply.Sec. 58.60 Preparation and filing of environmental impact statements.a. The responsible entity must prepare the draft environmental impact statement (DEIS) and the final

environmental impact statements (FEIS) using the current HUD recommended format or its equivalent.

b. The responsible entity must file and distribute the (DEIS) and the (FEIS) in the following manner: 1. Five copies to EPA Headquarters;



2. Five copies to EPA Regional Office;3. Copies made available in the responsible entity's and the recipient's office;4. Copies or summaries made available to persons who request them; and5. FEIS only--one copy to State, HUD Field Office, and HUD Headquarters library.

c. The responsible entity may request waivers from the time requirements specified for the draft and final EIS as prescribed in 40 CFR 1506.6.

d. When substantial changes are proposed in a project or when significant new circumstances or information becomes available during an environmental review, the recipient may prepare a supplemental EIS as prescribed in 40 CFR 1502.9.

e. The responsible entity must prepare a Record of Decision (ROD) as prescribed in 40 CFR 1505.2. [61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998]Sec. 58.70 Notice of intent to request release of funds.The NOI/RROF must be disseminated and/or published in the manner prescribed by Sec. 58.43 and Sec. 58.45 before the certification is signed by the responsible entity.Sec. 58.71 Request for release of funds and certification.a. The RROF and certification shall be sent to the appropriate HUD Field Office (or the State, if

applicable), except as provided in paragraph (b) of this section. This request shall be executed by the Certifying Officer. The request shall describe the specific project and activities covered by the request and contain the certification required under the applicable statute cited in Sec. 58.1(b). The RROF and certification must be in a form specified by HUD.

b. When the responsible entity is conducting an environmental review on behalf of a recipient, as provided for in Sec. 58.10, the recipient must provide the responsible entity with all available project and environmental information and refrain from undertaking any physical activities or choice limiting actions until HUD (or the State, if applicable) has approved its request for release of funds. The certification form executed by the responsible entity's certifying officer shall be sent to the recipient that is to receive the assistance along with a description of any special environmental conditions that must be adhered to in carrying out the project. The recipient is to submit the RROF and the certification of the responsible entity to HUD (or the State, if applicable) requesting the release of funds. The recipient must agree to abide by the special conditions, procedures and requirements of the environmental review, and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions.

c. If the responsible entity determines that some of the activities are exempt under applicable provisions of this part, the responsible entity shall advise the recipient that it may commit funds for these activities as soon as programmatic authorization is received. This finding shall be documented in the ERR maintained by the responsible entity and in the recipient's project files.

Sec. 58.72 HUD or State actions on RROFs and certifications.The actions which HUD (or a State) may take with respect to a recipient's environmental certification and RROF are as follows: a. In the absence of any receipt of objection to the contrary, except as provided in paragraph (b) of this

section, HUD (or the State) will assume the validity of the certification and RROF and will approve these documents after expiration of the 15-day period prescribed by statute.

b. HUD (or the state) may disapprove a certification and RROF if it has knowledge that the responsible entity or other participants in the development process have not complied with the items in Sec. 58.75, or that the RROF and certification are inaccurate.

c. In cases in which HUD has approved a certification and RROF but subsequently learns (e.g., through monitoring) that the recipient violated Sec. 58.22 or the recipient or responsible entity otherwise failed to comply with a clearly applicable environmental authority, HUD shall impose appropriate remedies and sanctions in accord with the law and regulations for the program under which the violation was found.

Sec. 58.73 Objections to release of funds.HUD (or the State) will not approve the ROF for any project before 15 calendar days have elapsed from the time of receipt of the RROF and the certification or from the time specified in the notice published pursuant to Sec. 58.70, whichever is later. Any person or agency may object to a recipient's RROF and the related certification. However, the objections must meet the conditions and procedures set forth in subpart H of this part. HUD (or the State) can refuse the RROF and certification on any grounds set forth in Sec. 58.75. All decisions by HUD (or the State) regarding the RROF and the certification shall be final.



Sec. 58.74 Time for objecting.All objections must be received by HUD (or the State) within 15 days from the time HUD (or the State) receives the recipient's RROF and the related certification, or within the time period specified in the notice, whichever is later.Sec. 58.75 Permissible bases for objections.HUD (or the State), will consider objections claiming a responsible entity's noncompliance with this part based only on any of the following grounds:a. The certification was not in fact executed by the responsible entity's Certifying Officer.b. The responsible entity has failed to make one of the two findings pursuant to Sec. 58.40 or to make

the written determination required by Secs. 58.35, 58.47 or 58.53 for the project, as applicable.c. The responsible entity has omitted one or more of the steps set forth at subpart E of this part for the

preparation, publication and completion of an EA.d. The responsible entity has omitted one or more of the steps set forth at subparts F and G of this part

for the conduct, preparation, publication and completion of an EIS.e. The recipient or other participants in the development process have committed funds, incurred costs

or undertaken activities not authorized by this part before release of funds and approval of the environmental certification by HUD (or the state).

f. Another Federal agency acting pursuant to 40 CFR part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.

Sec. 58.76 Procedure for objections.A person or agency objecting to a responsible entity's RROF and certification shall submit objections in writing to HUD (or the State). The objections shall:a. Include the name, address and telephone number of the person or agency submitting the objection,

and be signed by the person or authorized official of an agency.b. Be dated when signed.c. Describe the basis for objection and the facts or legal authority supporting the objection.d. State when a copy of the objection was mailed or delivered to the responsible entity's Certifying

Officer. Sec. 58.77 Effect of approval of certification.a. Responsibilities of HUD and States. HUD's (or, where applicable, the State's) approval of the

certification shall be deemed to satisfy the responsibilities of the Secretary under NEPA and related provisions of law cited at Sec. 58.5 insofar as those responsibilities relate to the release of funds as authorized by the applicable provisions of law cited in Sec. 58.1(b).

b. Public and agency redress. Persons and agencies seeking redress in relation to environmental reviews covered by an approved certification shall deal with the responsible entity and not with HUD. It is HUD's policy to refer all inquiries and complaints to the responsible entity and its Certifying Officer. Similarly, the State (where applicable) may direct persons and agencies seeking redress in relation to environmental reviews covered by an approved certification to deal with the responsible entity, and not the State, and may refer inquiries and complaints to the responsible entity and its Certifying Officer. Remedies for noncompliance are set forth in program regulations.

c. Implementation of environmental review decisions. Projects of a recipient will require post-review monitoring and other inspection and enforcement actions by the recipient and the State or HUD (using procedures provided for in program regulations) to assure that decisions adopted through the environmental review process are carried out during project development and implementation.

d. Responsibility for monitoring and training. 1. At least once every three years, HUD intends to conduct in-depth monitoring and exercise

quality control (through training and consultation) over the environmental activities performed by responsible entities under this part. Limited monitoring of these environmental activities will be conducted during each program monitoring site visit. If through limited or in-depth monitoring of these environmental activities or by other means, HUD becomes aware of any environmental deficiencies, HUD may take one or more of the following actions:

i. In the case of problems found during limited monitoring, HUD may schedule in-depth monitoring at an earlier date or may schedule in-depth monitoring more frequently;



ii. HUD may require attendance by staff of the responsible entity at HUD-sponsored or approved training, which will be provided periodically at various locations around the country;

iii. HUD may refuse to accept the certifications of environmental compliance on subsequent grants;

iv. HUD may suspend or terminate the responsible entity's assumption of the environmental review responsibility;

v. HUD may initiate sanctions, corrective actions, or other remedies specified in program regulations or agreements or contracts with the recipient.

HUD's responsibilities and action under paragraph (d)(1) of this section shall not be construed to limit or reduce any responsibility assumed by a responsible entity with respect to any particular release of funds under this part. Whether or not HUD takes action under paragraph (d)(1) of this section, the Certifying Officer remains the responsible Federal official under Sec. 58.13 with respect to projects and activities for which the Certifying Officer has submitted a certification under this part.


Attachment 3

Attachment 3

ENVIRONMENTALREVIEW RECORD

GRANT NUMBER:___________________

PROJECT NAME:___________________

Attachment 3

ENVIRONMENTAL REVIEW RECORD CHECKLIST

COMPONENTS YES NO N/A COMMENTS

1. Project Description

2. Finding of Exemption, Categorical Exclusion, EA or EIS Determination3. Floodplain/Wetland notices

4. Statutory Checklist: Environmental Requirements Other Than NEPA. 5. Environmental Assessment Checklist

6. Notice of Finding of No Significant Impact as published 7. Notice of Intent to Request a Release of Funds as published 8. Distribution List of FONSI and/or RROF

9. Any comments received and recipient responses10. Request for Release of Funds and Certification submitted 11. Notice of Removal of Grant Condition/Release of Funds 12. Post-Review Revisions and Changes, Written Decisions, Amendments, and Supplements 13. Continued Compliance (58.47) Determination

Attachment 3

PART I

PROJECT ABSTRACT

Grant Number:___________________________________________

Month/Year From: To: Original

Revisions/Amendments:__________________________

Name of Responsible Entity:

Typed Name and Title of Certifying Officer:

Typed Name, Title, Agency of Preparer:

Project Name:

Locations of Physical Development(s):

Recipient:

Address: Project Representative: Telephone: Address:Project Information: Telephone:Address:

Attachment 3

Project Name and Identification No.

PROJECT AND AREA DESCRIPTION (Include all contemplated actions which logically are either geographically or functionally a composite part of the project, i.e. acquisition, demolition, rehabilitation, construction, etc., regardless of the source of funding. Describe the type of project/business, precise locations, time factors, current use and other pertinent descriptive material to enable the reader to envisage the general nature, magnitude and extent of the project. Attach maps showing the locations of the project and distance to major landmarks, highways, central business district, etc. as appropriate):

EXISTING CONDITIONS AND TRENDS (Generally describe the environment of the project site and the surrounding area as it exists without the project –i.e. presently. Identify pertinent physical factors, such as land uses, soil, climate, noise, air, water, vegetation, etc. Indicate the nature and extent, or absence of service delivery systems and facilities, the social and economic character, population density, etc.):

Attachment 3

STATUTORY CHECKLIST

Project Name and Identification No. ______________________________________ A. Are all activities of this project Exempt from NEPA procedures? Yes No. If "Yes" attach Finding with citations to applicable

subsection of 58.34(a)(1)-(11). Sign and date below and keep this form in the project ERR. Do not initiate RROF procedures. If "No" proceed to question B.

B. 1. Is this a Categorically Excluded [58.35(b)] project not subject to 58.5? _ Yes No. If "Yes" attach Finding with citations to applicable subsections of 58.35(b). Fill out the checklist, sign and date below and keep this form in the ERR. Do not initiate RROF procedures. If "No” then go to question B2.2. Is this a Categorically Excluded project [58.35(a)] subject to 58.5? ____Yes __ No. If ”Yes” respond to question B3. If "No” then go to question C.3. Does project trigger compliance measures with 58.5? Yes No. If "Yes" attach Finding with citations to applicable subsection 58.35(a) and perform all actions as per relevant compliance requirements. Fill out the checklist, sign and date below and keep this form in the ERR. Initiate RROF procedures. If "No", attach Finding of Exemption with citation to subsection 58.34(a)(12). Fill out the checklist, sign and date below and keep this form in the ERR. Do not initiate RROF procedures.

C. Does this project require an Environmental Assessment (EA)? Yes No. If "Yes" fill out the Statutory and Assessment Checklists, sign and date checklists, make them part of the project ERR. After the EA has been completed, and all determinations and compliance processes have been completed, RROF procedures can be initiated.

For each compliance area listed below, record the determination(s) made: 1 Compliance (record either WHY the project does not implicate the authority or the supporting information documenting HOW compliance has been achieved; 2 Consultation/ Review Required; 3 Permit Required; 4 Determination of Consistency, Approval & Permit Obtained; 5 Conditions or Mitigation Required. Note reviews and consultations completed as well as any applicable permits or approvals obtained. Attach evidence that all required actions have been taken. Record any conditions or mitigation measures required.

AREA OF STATUTORY OR REGULATORY COMPLIANCE

Code References to notes providing documentation, sources and explanation of determinations made. Attach additional information as necessary.

Historic Properties

Floodplain Management*

Wetland Protection

Noise Control

Air Quality

Explosive and Flammable Operations

Airport Hazards*

Water Quality (Sole Source Aquifers)

Coastal Zone Management 1 No Coastal resources in Nebraska

Endangered Species

Wild & Scenic Rivers

Farmlands Protection

Environmental Justice

Contamination & Toxic Substances

*The RE must additionally document and ensure compliance with 24 CFR 58.6 (Flood Insurance requirements of the Flood Disaster Protection Act and the Buyer Disclosure requirements of the HUD Airport Runway Clear Zone/Clear Zone regulation at 24 CFR 51B).

Preparer-Signature: ____ Title: Date: _______________

Attachment 3DED Prog. Rep. -Signature: ____ Title: Date: _______________

Certifying Officer-Signature:___________________________ Title:_______________________________ Date: ________________

Attachment 3

PART IIENVIRONMENTAL ASSESSMENT CHECKLIST

Project Name and Identification No. Evaluate the significance of the effects of the proposal on the character, features and resources of the project area. Enter relevant base data and verifiable source documentation to support the finding. Then enter the appropriate impact code from the following list to make a finding of impact: 1 – No impact anticipated, 2 – Potentially beneficial, 3 – Potentially adverse, 4 – Requires mitigation, 5 – Requires project modification. Note names, dates of contact, telephone numbers and page references. Attach additional materials as needed.

Impact Categories CODE(S) NOTE CONDITIONS AND/OR SOURCE DOCUMENTATION THAT SUPPORTS FINDING

REFERENCE NOTESLand DevelopmentConformance with Comprehensive Plans and ZoningCompatibility and Urban Impact

Slope

Erosion

Soil Suitability

Hazards and Nuisances Including Site Safety

Energy Consumption

Special FactorsEffects of Ambient Noise on Project and Contribution to Community Noise LevelsEffects of Ambient Air Quality on Project and Contribution to Community Pollution LevelsVisual Quality -- Coherence, Diversity, Compatible UseAnd ScaleSocioeconomicDemographicCharacter ChangesDisplacement

Employment and Income Patterns

Attachment 3

ENVIRONMENTAL ASSESSMENT CHECKLIST


Impact Categories CODE(S) NOTE CONDITIONS AND/OR SOURCE DOCUMENTATION THAT SUPPORTS FINDING

REFERENCE NOTESCommunity Facilities and ServicesEducational Facilities

Commercial Facilities

Health Care

Social Services

Solid Waste

Waste Water

Storm Water .

Water Supply

Public Safety Police

Fire

Emergency Medical

Open Space and Recreation

Open Space

Recreation .

Cultural Facilities

Transportation

Natural FeaturesWater Resources

Surface Water

Unique Natural Features and Agricultural Lands

Vegetation and Wildlife

Attachment 3ENVIRONMENTAL ASSESSMENT CHECKLIST


SUMMARY OF FINDINGS AND CONCLUSIONS. Identify and describe each alteration of existing environmental conditions, adverse or beneficial, which will be caused or induced, in whole or in part, directly or indirectly, by the proposed project.

ALTERNATIVE AND PROJECT MODIFICATIONS CONSIDERED. Identify other reasonable courses of action that were considered and not selected, such as other sites, design modifications, or other uses of the subject site. Describe the benefits and adverse impacts to the human environment of each alternative and the reasons for rejecting it.

NO ACTION ALTERNATIVE. Discuss the benefits and adverse impacts to the human environment of not implementing the preferred alternative.

ADDITIONAL STUDIES PERFORMED (Attach Study or Summary)

Attachment 3

ENVIRONMENTAL ASSESSMENT CHECKLIST


MITIGATION MEASURES NEEDED. Determine and describe all conditions or safeguards which should be implemented in order to protect or enhance environmental quality, or minimize or eliminate adverse impacts if the project is undertaken.

1. Is project in compliance with applicable laws and regulations? ____ Yes ____ No

2. A Finding of Significant Impact is made. The project may significantly affect the quality of the human environments and an EIS is required? ____ Yes ____ No

3. A Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment. ____ Yes ____ No

Preparer-Signature: Date:_________________

Title/Agency:__________________________ DED Prog. Rep. -Signature: Date:_________________

Certifying Officer-Signature: __________________________________Date:_______________

Title/Agency: _______________________________________________________

Attachment 4Potential Agency Contact and Distribution List

Regulatory Agencies Potential Assistance

Nebraska Department of Aeronautics Airport HazardsPlanning & Engineering Division P. O. Box 82088Lincoln, NE 68501-2088

Nebraska Department of Environmental Quality Air Quality, Hazardous Sites,Small Business & Public Assistance Coordinator Solid and Hazardous Waste,P O Box 98922 Water Quality (Surface Lincoln, NE 68509-8922 Water, Ground Water &

Effluent Discharge)

Nebraska Game and Parks Commission State Parks & RecreationRealty & Environmental Services Division Areas, Fisheries & Wildlife 2200 N 33rd Street Management AreasP. O. Box 30370 Lincoln, NE 68503-0370

Nebraska Game and Parks Commission Threatened & EndangeredHeritage Division Species 2200 N 33rd StreetP. O. Box 30370 Lincoln, NE 68503-0370

Nebraska Health and Human Services System Water QualityRegulation and LicensureP O Box 95007Lincoln, NE 68509-5007

Nebraska State Fire Marshall Thermal/Explosive Hazards, 246 South 14th Street Storage TanksLincoln, NE 68508

Nebraska State Historical Society Historic Preservation State Historic Preservation Officer1500 R Street Lincoln, NE 68501-2554

Nebraska Department of Natural Resources Livestock Waste Lagoons,P O Box 94676 New Well Construction,Lincoln, NE 68509-4676 Ground Water Transfers,

Floodplain Management

U. S. Fish and Wildlife Service Endangered & MigrantEcological Service Office Species, Fish & Wildlife203 West Second StreetGrand Island, NE 68801-5907 NAHTF Manual December 20058-51

Attachment 4

National Park Service Wild & Scenic Rivers, Midwest Regional Office National Landmarks 1709 Jackson Street Omaha, NE 68102

Or 510 W. Wisconsin Ave., Room 100E Milwaukee, WI 53205

Orwww.nps.gov/rivers/wildriverslist.html

Natural Resources Conservation Service Prime Farmlands,State Conservationist Forests, Rangeland,Federal Building, Room 152 Wetlands Identification on agricultural 100 Centennial Mall North propertyLincoln, NE 68508-3866

U. S. Army Corps of Engineers Wetlands Identification and 8901 South 154th Street Wetland Construction Permits forOmaha, NE 68138-3621 waters of the U.S. Orhttp://www.nwo.usace.army.mil/html/op-r/district.htm OrU. S. Army Corps of EngineersKearney Field Office1430 Central AvenueKearney, NE 68847

Environmental Protection Agency FONSI and NOI/RROFEnvironmental Review Coordination Section notices901 N 5th StreetKansas City, KS 66101

Native American Consultation Database Tribal Governmentwww.cast.uark.edu/other/nps/nacd Contacts


http://www.cast.uark.edu/other/nps/nacd

http://www.nwo.usace.army.mil/html/op-r/district.htm

http://www.nps.gov/rivers/wildriverslist.html

Attachment 4

SAMPLE

(Date)

(FirstName) (LastName)(JobTitle)(Agency)(Address)(City,State,Zip)

RE: Project

Dear

The City/Village/Agency is planning the development of a project to be funded by Nebraska Affordable Housing Trust Funds (and ______________________) funds. The purpose of this letter is to request your review and response regarding any environmental impacts that your agency may identify for this proposed project pursuant to the National Environmental Policy Act.

The proposed project consists of (insert a description of the project). The project is being proposed to (insert a project need or justification statement). Enclosed is a map (U.S. Geological Survey map) that depicts the proposed project’s area of potential effect for all construction activities. (Pictures of buildings that will be demolished with the project, if any, should also be included).

We request that you advise us of any comments that you may have regarding this project within 30 days, so the City/Village/Agency can proceed with completion of the environmental assessment and finalizing the funding for this project.

If you have any questions concerning this proposed project or if you need any further information, please contact me at

Sincerely,

(Please Note: Letters to State Historic Preservation Office may need additional photographic information. Please see Section G. Historic Preservation)


Attachment 5[Municipal/County/Agency letterhead]

DETERMINATION OF LEVEL OF REVIEW

Grant/Contract Number: ____________________

Project Location(s):___________________________________________

Description of project (include all contemplated activities which are logically part of the project, regardless of funding source):

The subject project has been reviewed pursuant to HUD regulations 24 CFR Part 58, “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities”, and the following determination with respect to the project is made (please check mark proper level of review and enter appropriate citation):

_____ Exempt from NEPA requirements per 24 CFR 58.34(a)(_____)

_____ Categorically Excluded NOT Subject to 58.5 authorities per 24 CFR 58.35(b)(_____)(A Statutory Checklist for the 58.6 authorities has been completed and is on file)

_____ Categorically Excluded SUBJECT to 58.5 authorities per 24 CFR 58.35(a)(_____)(A Statutory Checklist for the 58.5 and 58.6 authorities has been completed and is on file)

_____ An Environmental Assessment is required to be performed. (An environmental assessment performed in accordance with subpart E of 24 CFR Part 58 has been completed and is on file)

_____ An Environmental Impact Statement is required to be performed.

The Environmental Review Record contains all environmental review documents, public notices and written determinations or environmental findings required by Part 58 as evidence of review, decision making and actions pertaining to the project. Included are checklists, studies, analysis and documentation as appropriate.

____________________________________ ________________________(Preparer--Signature) (Date)

____________________________________ ________________________(DED Prog. Rep.--Signature) (Date)

____________________________________ ________________________(Environmental Certifying Officer--Signature) (Date) NAHTF Manual December 20058-54

Attachment 6Request for Release of Fundsand Certification for NAHTF Projects

Nebraska Department of Economic Development

This form is to be used by Responsible Entities and grantees when requesting the release of NAHTF funds, andrequesting the authority to use such funds.

Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity)

1. Program Title 2. Grant Number

3. Name and address of responsible entity (grantee)

4. For information about this request, contact (name & phone number)

The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmentalgrant conditions governing the use of the assistance for the following

5. Program Activity(ies)/Project Name(s) 6. Location (Street address, city, county, State)

7. Program Activity/Project Description


Attachment 6Part 2. Environmental Certification (to be completed by responsible entity)

With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above.2. The responsible entity has assumed responsibility for and complied with and will continue to comply with the intent of the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws.3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did did not require the preparation and dissemination of an environmental impact statement.4. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project.

Signature of Certifying Officer of the Responsible Entity

X

Title of Certifying Officer

Date signed

Address of Certifying Officer

DED Prog. Rep._____

Instructions for completing Request for Release of Funds and Certification for NAHTF Projects form


Attachment 61. Program Title: enter NAHTF Program

2. Grant Number: 04-TFRH-702, etc.

3. Name and address of Responsible Entity (grantee): enter name and address of entity that has assumed environmental responsibility for the project.

4. For information about this request, contact (name & phone number): enter contact information for individual best able to answer questions regarding the environmental review of this project.

5. Program Activity/Project Name: enter the activity(ies)/project name(s) for which this form is submitted.

6. Location: enter the location(s) of the activity/project.

7. Program Activity/Project Description: enter a description of the activity(ies)/project for which this form pertains in narrative form.

Part 2. Environmental Certification: check either the first or second box of item 3.

Signature of Certifying Officer: The Certifying Officer signs his/her name, title and date. The Certifying Officer is usually the chief elected official or the authorized official for the responsible entity (grantee).


Attachment 7

SAMPLE

Notice for Early Public Review of a Proposal to SupportActivity in the (100-Year Floodplain or Wetland)

(Name of Grantee) is proposing to expend federal funds in an area that is subject to flooding as identified by the Federal Emergency Management Administration (or wetland, if applicable). The subject funds are i.e. Nebraska Affordable Housing Trust Funds administered by the Nebraska Department of Economic Development (mention other federal funds involved, if applicable).

This notice is required by Section 2(a)(4) of Executive Order 11988 for Floodplain Management, and by Section 2(b) of Executive Order 11990 for the Protection of Wetlands, and is implemented by HUD Regulations found at 24 CFR 55.20(b) for the HUD action that is within and/or affects a floodplain or wetland.

The (name of the Grantee) is proposing to undertake the following activities in the area.

Describe the project, being specific as to location of proposed activities, and total number of acres of floodplain/wetland involved.

The purpose of this notice is to give an early opportunity for interested agencies, persons or groups to comment on the proposed action(s). The (name of Grantee) will consider any feasible alternatives or adjustments to the anticipated project which might minimize any potential adverse effects upon the floodplain/wetland as a result of the project.

The (name of Grantee) has additional information concerning this project available for public review and copying, upon request, at (location). Any comments relative to this proposed expenditure of federal funds in an area identified as a flood hazard/wetland area should be submitted in writing to (name and address) on or before (allow minimum of 15 calendar days after publication date, not counting day of publication).


Attachment 8SAMPLE

Notice of Explanation of Project Located In a Floodplain/Wetland

This is to give notice that the (name of Grantee) has conducted an evaluation as required by Executive Order (11988 or 11990) in accordance with HUD regulations at 24 CFR 55.20 to determine the potential affect that its activity in the (floodplain or wetland) will have on the environment. The (name of Grantee) has determined that there is not a practicable alternative other than locating the proposed Nebraska Affordable Housing Trust Fund project described below in a (floodplain/wetland).

Description of project and project activities.

The improvements must be located in the floodplain because (state reason why the project must be located in the floodplain; including other alternatives that were considered and mitigation measures to be taken to minimize adverse effects).

By publication of this notice, (name of Grantee) is inviting any final written comments prior to undertaking the proposed action. All comments should be addressed to (name and address), not later than (allow minimum of seven calendar days after publication date, not counting day of publication).


ATTACHMENT 9SAMPLE

CERTIFICATION OF CONTINUED ENVIRONMENTAL COMPLIANCE

Nebraska Department of Economic Development Nebraska Affordable Housing Trust Funds

Grantee Name:_____________________________ Grant Number: _________________

Original Level of Finding: _______________________________

Date of Determination: __________________________________

Date Notice of Intent Published: __________________________

Date Request to Release Funds Submitted to DED:____________

Date Cleared by DED: __________________________________

It is the finding of the Environmental Certifying Officer of the above referenced Grantee that revisions to the scope of work of the above referenced grant project have not caused a revised determination of original environmental status. The basis of this finding, for each revised activity, is described as follows (attach additional sheets as necessary).

I certify that the above statements accurately reflect the revisions to the project scope of work and that such revisions do not alter the basis under which the project received its original environmental status determination.

Signature of Environmental Certifying Officer: Address:______________________________________ ________________________Title:__________________________________ ________________________ Date:__________________________________ ________________________
