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CDBG and Environmental Review For Local Officials

CDBG and Environmental Review For Local Officials. Environmental Review. Hint: If you want to successfully participate in the CDBG program, then… Compliance with Environmental Review Requirements is the key to success!. Why Environmental Review?.

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CDBG and Environmental Review For Local Officials

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  1. CDBG and Environmental Review For Local Officials

  2. Environmental Review • Hint: If you want to successfully participate in the CDBG program, then… • Compliance with Environmental Review Requirements is the key to success!

  3. Why Environmental Review? • Protect health and safety, avoid or mitigate impacts that may harm our clients • Avoid or mitigate any harm to the surrounding environment • Avoid litigation that could stop project on environmental grounds • Avoid monitoring findings and/or loss of HUD financial assistance to your project

  4. Statutory & Regulatory Structure • Environmental Review REQUIRED – by Federal Law & Regulation under the National Environmental Policy Act of 1969 (NEPA) and NEPA related laws • NEPA-Related Laws and Authorities • HUD Regulations- 24 CFR Part 58

  5. What is NEPA? • Requires that environmental impacts be given appropriate consideration in decision-making • Ensures that environmental information is available to public BEFORE decisions are made and BEFORE actions are taken • Requires a specific step by step process that it involves working with many different state and/or federal agencies • Helps public officials make decisions with an understanding of environmental consequences

  6. NEPA-Related Laws/Authorities • National Historic Preservation Act (1966) • Floodplain Management & Wetlands Protection Executive Orders (1977) • Coastal Zone Management Act (1972) • Safe Drinking Water Act (1974) • Endangered Species Act (1973) • Wild & Scenic Rivers Act (1968)

  7. NEPA-Related Laws/Authorities continued • Clean Air Act (1970) • Farmland Protection Policy Act (1981) • HUD Environmental Criteria & Standards (1984) • Environmental Justice Executive Order (E.O.) (1994) • Noise Control Act (1972)

  8. UGLG Role • The HCDA (Section 104(g)(1)) allows the unit of local government to perform NEPA responsibilities • Regulation titled “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities”

  9. Certifying Officer • As part of CDBG grant agreement Chief Elected Official of jurisdiction assumes responsibility for environmental review and must sign RROF/Certification and findings • Accepts the jurisdiction of the Federal Courts for the responsible entity in environmental matters

  10. Choice Limiting Actions! • Choice limiting actions will reduce or eliminate your opportunity to choose alternatives • Examples: • Acquisition • Demolition • Construction • Rehabilitation • Leasing • Site Improvements

  11. Importance of Early Start • Begin environmental review process as soon as possible • Amount of time required to complete review can range from 1 to 120 days

  12. State Requirements • Example insert here or incorporate into bullets on slides containing federal info

  13. Steps in the Environmental Review Process Step 1 – Designate Environmental Review Officer (ERO) Step 2 – Create Environmental Review Record (24 CFR Part 58) Step 3 – Develop Project Description Step 4 – Determine Level of Review Required (24 CFR Part 58) Step 5 – Follow Procedures for Applicable Review Level

  14. Levels of Review • 24 CFR 58.34(a) Exempt • 24 CFR 58.35(b) Categorical exclusions NOT subject to laws and authorities at 58.5 • 24 CFR 58.35(a) Categorical exclusions SUBJECT to laws and authorities at 58.5 • 24 CFR 58.36 Environmental Assessment • 24 CFR 58.37 Environmental Impact Statement

  15. IMPORTANT TIPS! • Change of scope in project might change review required • DON’T SPEND A DIME – until your ER is complete and you have received Release of Funds from your state agency • Even $.01 of CDBG funds requires the ENTIRE project to follow ER requirements • When in doubt – contact your state CDBG staff!

  16. Handouts/Attachment • Environmental Review Process Charts • Sample Notice of Intent to Request Release of Funds NOI/RRF) • Combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds • Authority to Use Grant Funds and Certification (HUD Form 7015.16) • Sample Notice for Early Public Review of a Proposal to Support Activity in the 100-Year Floodplain or Wetland • Request for Release of Funds and Certification HUD Form 7015.15 (9-88) • Sample Environmental Review Record

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