The lifecycle of grants environmental review
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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


The lifecycle of grants environmental review

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


The lifecycle of grants environmental review

www.development.ohio.gov


The lifecycle of grants environmental review

www.hud.gov


The lifecycle of grants environmental review

www.hud.gov


The lifecycle of grants environmental review

Applying HUD’s Floodplain Management and Wetlands Protection Standards

Basics of a Part 58 Review


Training outline

Training Outline

  • Environmental Review Basics

  • Levels of Review


Environmental review background

Environmental Review Background

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

  • Housing and Community Development Act of 1974

  • HUD ER Regulations: 24 CFR Part 58


Other environmental laws

Other Environmental Laws

  • 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

  • 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

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


Documentation

Documentation

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


Environmental review timing

Environmental Review Timing

  • 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

  • Project Scope

  • Determine Level of Environmental Review

  • Conduct Environmental Review

  • Public Notices

  • RROF and/or Certification


Determine scope of project

Determine Scope of Project

  • Identify Activities

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


Determine level of review

Determine Level of Review

  • Exempt

  • Categorical Exclusion

  • Environmental Assessment


Exempt

Exempt

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

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


Admin planning and fair housing

Admin, Planning, andFair 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


Categorical exclusion

Categorical Exclusion

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


Categorical exclusion1

Categorical Exclusion

  • 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

  • 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,Subject to Sec. 58.5

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


Individual action

“Individual Action”

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

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


Individual action1

“Individual Action”

  • 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)

  • 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,Not Subject to Sec. 58.5

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


The lifecycle of grants environmental review

Runway Clear Zones

Coastal Barriers

Flood Insurance


Environmental assessment

Environmental Assessment

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


The lifecycle of grants environmental review

Runway Clear Zones

Coastal Barriers

Flood Insurance


The lifecycle of grants environmental review

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

  • Newspaper of general circulation, non-legal section

  • ERR must be complete prior to publication

  • 15-day comment period

  • Submit RROF to State

  • 15-day objection period


Continued relevance

Continued Relevance

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

  • Requires a re-evaluation of the original ERR

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


Continued relevance1

Continued Relevance

  • Phased projects, multi-year projects

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


Questions

Questions?

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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