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The Lifecycle of Grants: Environmental Review. November 7, 2012. Tim Allen and Cecilia Castillo Office of Community Development (614) 466-2285 [email protected] [email protected] www.development.ohio.gov. Training Materials.

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The lifecycle of grants environmental review

The Lifecycle of Grants:Environmental Review

November 7, 2012


Tim Allen and Cecilia Castillo

Office of Community Development

(614) 466-2285

[email protected]

[email protected]

www.development.ohio.gov


Training materials
Training Materials

  • Environmental Review Flowchart

  • ER Levels Information Sheets

  • *New* Environmental Review Worksheets





Applying HUD’s Floodplain Management and Wetlands Protection Standards

Basics of a Part 58 Review


Training outline
Training Outline Protection Standards

  • Environmental Review Basics

  • Levels of Review


Environmental review background
Environmental Review Background Protection Standards

  • National Environmental Policy Act of 1969, as amended (NEPA)

  • Housing and Community Development Act of 1974

  • HUD ER Regulations: 24 CFR Part 58


Other environmental laws
Other Environmental Laws Protection Standards

  • Floodplain Management: 1977

  • National Historic Preservation Act: 1966

  • Wild and Scenic Rivers: 1968

  • Wetlands: 1977

  • Farmlands Protection Policy Act: 1981

  • Clean Air Act: 1970

  • Sole Source Aquifers: 1974

  • Endangered Species Act: 1973


Other environmental laws1
Other Environmental Laws Protection Standards

  • Certain types of HUD projects require compliance with other environmental laws

  • For these projects, compliance with related environmental laws will form the core of the environmental review process


Applicability
Applicability Protection Standards

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


Documentation
Documentation Protection Standards

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


Environmental review timing
Environmental Review Timing Protection Standards

  • Start early!

  • Grantees may not commit funds, or enter into contracts, until the State of Ohio issues a Release of Funds.


Er overview
ER Overview Protection Standards

  • Project Scope

  • Determine Level of Environmental Review

  • Conduct Environmental Review

  • Public Notices

  • RROF and/or Certification


Determine scope of project
Determine Scope of Project Protection Standards

  • Identify Activities

  • Aggregate Related Activities for ER (per 24 CFR 58.32)


Determine level of review
Determine Level of Review Protection Standards

  • Exempt

  • Categorical Exclusion

  • Environmental Assessment


Exempt
Exempt Protection Standards

  • No environmental review, consultation, or other action under NEPA

  • Includes: Environmental and other studies, Administration, Public services, Purchase of tools, Engineering or design costs, Training…


Admin planning and fair housing
Admin, Planning, and Protection StandardsFair Housing

  • Some OCD programs include an Environmental Review Documentation and Certification Form for General Administration, Planning, and Fair Housing in the program application

  • This document constitutes an environmental release for these three activities


File guide
File Guide Protection Standards


Categorical exclusion
Categorical Exclusion Protection Standards

  • Category of activities for which no environmental impact statement or environmental assessment and Finding of No Significant Impact (FONSI) under NEPA is required.


Categorical exclusion1
Categorical Exclusion Protection Standards

  • Subdivided by required compliance with “related laws and authorities” (24 CFR 58.5)

Not subject to

§58.5

Subject to

§ 58.5


Other environmental laws2
Other Environmental Laws Protection Standards

  • Floodplain Management: 1977

  • National Historic Preservation Act: 1966

  • Wild and Scenic Rivers: 1968

  • Wetlands: 1977

  • Farmlands Protection Policy Act: 1981

  • Clean Air Act: 1970

  • Sole Source Aquifers: 1974

  • Endangered Species Act: 1973


Categorical exclusion subject to sec 58 5
Categorical Exclusion, Protection StandardsSubject to Sec. 58.5

  • Public facilities improvements, Architectural barriers, certain Rehabilitation, Acquisition…


Individual action
“Individual Action” Protection Standards

  • Up to four dwelling units where there is a maximum of four units on any one site

  • Five or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site


Individual action1
“Individual Action” Protection Standards

  • Clarification of Individual Action (on Housing units) as a Categorical Exclusion, Subject to Sec. 58.5

  • New construction, development, demolition, acquisition, disposition, or refinancing


Notice of intent to request release of funds noi rrof
Notice of Intent to Request Release of Funds (NOI/RROF) Protection Standards

  • Newspaper of general circulation, non-legal section

  • ERR must be complete prior to publication

  • 7-day comment period

  • Submit RROF to State

  • 15-day objection period


Categorical exclusion not subject to sec 58 5
Categorical Exclusion, Protection StandardsNot Subject to Sec. 58.5

  • Tenant-based rental assistance, Supportive services, Operating costs, certain Economic Development activities…


Runway Clear Zones Protection Standards

Coastal Barriers

Flood Insurance


Environmental assessment
Environmental Assessment Protection Standards

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


Runway Clear Zones Protection Standards

Coastal Barriers

Flood Insurance


Combined Notice Protection Standards:Finding of No Significant Impact (FONSI) & Notice of Intent to Request Release of Funds (NOI/RROF)

  • Newspaper of general circulation, non-legal section

  • ERR must be complete prior to publication

  • 15-day comment period

  • Submit RROF to State

  • 15-day objection period


Continued relevance
Continued Relevance Protection Standards

  • Bases environmental findings on a past environmental review record (ERR)

  • Requires a re-evaluation of the original ERR

  • Original ERR must have been conducted by the same responsible entity


Continued relevance1
Continued Relevance Protection Standards

  • Phased projects, multi-year projects

  • Grantees may cite Continued Relevance for up to 6 years from the date of the original release of funds


Questions
Questions? Protection Standards

Environmental Assessment

Exempt

Categorical Exclusion, Subject to 58.5

Categorical Exclusion, Subsequently Exempt

Continued Relevance

Categorical Exclusion, Not Subject to 58.5


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