Environmental Review Process for

Responsible Entities

24 CFR Part 58

NEIGHBORHOOD STABILIZATION PROGRAM

Why? Project is Federally Funded

In whole, or In Part

Requires Compliance

with 24 CFR Part 58

National EnvironmentalPolicy Act 1969

NEPA:Federal Environmental Policy Federal Law

Protect, Restore and Enhance the Human Environment

NEPA

Shared Responsibility:

The President

The Federal Agencies

The Courts

NEPA

Environmental Study Agency Comments Public Document

Scientific Analysis

Relevant Issues

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

NEPA

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

HUD Regulations

Laws and Authorities 58.5

Historic Preservation

Historic Preservation: Neighborhood Stabilization Program (NSP)

National Historic Preservation Act (16 U.S.C. 470 et. seq.)

GOALS:

Establish broad agency responsibilities to protect & preserve historic properties (Section 110)

Require agencies to consider effects of their projects on historic properties (Section 106)

What’s a historic property?

Buildings, objects, districts, sites, or structures usually 50+ years old; AND

Listed on or eligible for listing on the National Register of Historic Places

Section 106 of NHPA

REQUIREMENTS:

Take into account the effects of your NSP project on historic properties

Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment

The Regulation

36 CFR Part 800, “Protection of Historic Properties”

Establishes a 4-step compliance process

Mandates consultation, not preservation

Agency is the decision-maker

What triggers 106?

Federal funding – use of NSP funds

Project is defined as an “undertaking”

Project has potential to cause effects to historic properties

Is your NSP project exempt?

Refer to §58.34 and § 58.35(b) to see if your project is exempt or categorically excluded not subject to… If so, then under 106, you may make the

unilateral decision that the project has “no potential to cause effects”

Does an existing Programmatic Agreement exempt your activity?

Key Points

Important to comply Start early; it takes time to complete Can hold up your project; prevent ROF

Key partner: State Historic Preservation Officer

Rely on existing tools Historic Property surveys Programmatic Agreement for CDBG may be

used for compliance

HUD Tools Available

HUD Historic Preservation website: http://www.hud.gov/offices/cpd/environment/

review/historic.cfm

CDBG Pamphlet, “Preserving America” Webcast on Section 106 Basics Tribal Directory Assessment Tool Section 106 NSP “Toolkit”

Helpful tips and guidance Sample correspondence & Programmatic

Agreement

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Farmlands

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Farmlands HUD Env. Standards

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands Coastal Zone Aquifers Endangered Species Rivers Air Farmlands HUD Env. Standards Environmental Justice

Laws and Authorities 58.6OTHER

Clear Zone

Flood Insurance

Coastal Barrier

Who’s Responsible?58.4

NSP to States Grants to Local Government

LG Responsible RROFs to State

Grants to Others State Responsible RROF to HUD local CPD

Who’s Responsible? --58.4Grants to a Unit of Local

Government Must assume Part 58 for:

Formula Grants Neighborhood Stabilization Grant is a

formula grant RROF to HUD or the State

To the entity who provides the funding to the local government

Steps

Define the project Aggregate activities Study Alternatives Determine Level of Review Conduct Review Publish or Post When required

Request Release of Funds (RROF) Receive Authority To Use Grant Funds Commit Funds and Implement Project Monitor Mitigation

Level of Review

• Full AssessmentFull Assessment

• Categorically Categorically ExcludedExcluded

• Categorically Categorically Excluded NOT Excluded NOT Subject to 58.5Subject to 58.5

• ExemptExempt

Exempt Activities24 CFR Part 58.34(a)

Environmental, planning & design costs Information & financial services Administrative/management activities Public services (no physical impact) Inspections Purchase of tools/insurance Technical assistance & training Temporary assist. for imminent threats Payment of principal and interest

Categorically Excluded Activities not subject to 58.5

Tenant-based Rental assistanceSupportive ServicesOperating costs (utilities, supplies) ED costs (non-construction)Pre-development costsSupplemental Assistance (NEW to Regs)

Categorically Excluded subject to 58.524 CFR Part 58.35(a)

Public Facilities < 20% increase Projects for accessibility and mobility Rehab of SF no increase in FP or WL Minor Rehab of Multi-family (no change in

use < 20% change in density) Rehab of Nonresidential (no change in use

< 20% change in density) Acquisition/Disposition no change in use –

land banking

Environmental Assessment24 CFR Part 58.36

Environmental Assessment24 CFR Part 58.36

Projects that are not Categorically Excluded or Exempt

Require a Full Assessment

Environmental AssessmentEnvironmental Assessment

Is the NEPA portion of the review:Designed to determine if a EIS is

requiredRequires alternativesRequires early consultationBroad Interdisciplinary study

Environmental Impact Statement “EIS” 24 CFR Part 37

Completed for:

Controversial Projects

Findings of Significant Impacts (FOSI)

Large projects (2,500 or more units)

Unless regulations are the only reason

Public NotificationEA:Combined Notice (FONSI and NOI)

CE that “trigger” compliance: NOI/RROF only

CE No Compliance TriggeredNone

CE Not Subject to 58.5 : None

Exempt: None

Public Comment Periods24 CFR part 58.45

NOI/FONSI - 15 days from Publication

18 days from Posting NOI - 7 days from Publication

10 days from Posting RE must consider comments prior to

submitting its RROF to HUD/State HUD/State Comment Period 15 days

July 28, 2004CertifyingOfficial

Funds are committed when: Signature of a legally binding,

irrevocable, contract is signed

Commitment of Funds 24 CFR Part 58.22

Notice to third Party 24 CFR Part 58.22 (a)and(c) Upon receipt of the Application the

State or local government must: notify applicants in writing that they

may take no choice limiting actions prior to receiving HUD 7015.16

Commitment of Funds

Options to purchase property are allowed prior to receiving ATUGF if: Cost is nominal Site can be rejected based on

environmental finding

Options24 CFR Part 58.22 (d)

Implement the Preferred AlternativeImplement the Preferred Alternative