Environmental Review Process for the Neighborhood Stabilization Program 24 CFR Part 58

1. Environmental Review Process for the Neighborhood Stabilization Program 24 CFR Part 58

2. Neighborhood Stabilization Program Environmental Review Requirements Official Welcome: Charles Bien, Director, Environmental Review Division

3. Environmental Training Today’s Instructors: Linda Poythress, Regional Environmental Officer, Atlanta Office David Blick, Deputy Federal Preservation Officer, Washington, DC

4. Goals for the Course When is an ER required? What is the process? What is qualified documentation? What is the timing? How can the ER process be expedited?

5. First Principle: Call Your Field Environmental Officer

6. Second Principle: Find more information on the environmental website: www.HUD.gov/offices/cpd/environment/index.cfm

7. Next Principle: The ER process must be complete PRIOR to commitment of funds

8. One More Principle: The environmental review is a study of the site

9. Why? • Project is Federally Funded In whole, or In Part • Requires Compliance with NEPA and the Laws and Authorities

10. National Environmental Policy Act NEPA: • Federal Environmental Policy • Federal Law • Protect, Restore and Enhance the Human Environment

11. NEPA Shared Responsibility: • The President • The Courts • The Federal Agencies (RE)

12. Environmental Study Agency Comments Public Document NEPA

13. Environmental Study Agency Comments Public Document Scientific Analysis Relevant Issues NEPA

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

15. 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

16. Activity Project Individual Action Recipient Responsible Entity Certifying Official Exempt CENST Categorically Excluded RROF NOI/RROF EA FONSI TERMS

17. Grant to a Unit of Local Government Must assume Part 58 for: Formula Grants Neighborhood Stabilization Grant is a formula grant Who’s Responsible? --58.4

18. State Funds Grants to LG LG Responsible RROFs to State Grants to Others State Responsible RROF to HUD Who’s Responsible? --58.4

19. Overview Steps In the Process

20. Define the project Aggregate Alternatives Level of Review Conduct Review Publish or Post When required RROF Receive ATUGF Commit Funds and Implement Project Steps

21. Overview Steps In the Process: Define the Project

22. Project Area: Existing Conditions Features Character Resources Trends Define the Project

23. Activities: Define the Project • HUD Funded • Programs Used • Other Funding • Time Frame • Action Plan • Maps/location

24. Overview Steps In the Process: Aggregate activites into projects

25. Aggregation 24 CFR Part 58.32 A logical way to group activities into projects for the purpose of environmental review.

26. Types of Aggregation24 CFR part 58.32 --Geographic

27. Types of Aggregation24 CFR part 58.32 • Functional • Geographic

28. Overview Steps In the Process: --Alternatives

29. Overview Steps In the Process: -- Level of Review and Public Notice

30. Level of Review Full Assessment Categorically Excluded, Subject to 58.5/6 Categorically Excluded NOT Subject to 58.5 Exempt

31. 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 on HUD loan

32. Exempt “Level of Review”24 CFR Part 58.34 • Document determination in writing • Document compliance with 58.6 • SIGN and DATE • No RROF or further approval from HUD or the State is required

33. Categorically Excluded Activities not subject to 58.5at 24 CFR Part 58.35(b) • Tenant-based Rental Assistance • Supportive Services (Hsg. Counseling) • Operating Costs (maintenance, supplies) • ED Costs (non-construction) • Down-payment Assistance on Existing • Pre-development Costs • Supplemental Assistance (NEW to Regs)

34. Categorically ExcludedNot subject to 58.5 • Document determination in writing • Document compliance with 58.6 • SIGN and DATE • No RROF or further approval from HUD or the State required SAME AS EXEMPT:

35. Categorically Excluded subject to 58.524 CFR Part 58.35(a)(1) • Public Facilities: • Acquisition • Repair • Reconstruction • Improvement • If Facility in place • 20% or less change in size or capacity

36. Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(2) • Special Projects for removal of: • Material • Architectural Barriers • That restrict mobility and accessibility

37. Categorically Excluded subject to 58.5 (24 CFR Part 58.35(a)(3(i)) Rehabilitation of 1 to 4 family Dwellings • Density is not > 4 units • Land use is not changed • The site is not in FP • The footprint is not expanded

38. Categorically Excluded subject to 58.524 CFR Part 58.35(a)(3)(ii) • Rehab of Multifamily residential when: • Density is not changed > 20% • Does not involve change in land use • Cost is < 75% cost of replacement

39. Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(3)(iii) • Rehab of Non- residential when: • < 20% change in size and capacity • does not change land use

40. Categorically Excluded subject to 58.524 CFR Part 58.34(a)(4) 1. An individual action on a 1-to-4 family dwelling 2. A project of five or more units • more than 2,000 ft apart • developed on scattered sites

41. Categorically Excluded subject to 58.524 CFR Part 58.35(a)(5) • Acquisition or Disposition Existing Structure or Land IF • Structure will be used for the same use • Land will be used for the same use

42. Categorically Excluded Clearance • Complete Statutory Checklist • If Compliance is triggered: • Publish/Post NOI/RROF • Wait 7 /10days, • Send RROF to HUD/State • HUD Waits 15 days

43. Categorically Excluded Clearance • Complete Statutory Checklist • If Compliance is NOT triggered: • Project reverts to exempt • document determination in writing (58.34(a)(12) and (b)) • place all documentation in ERR (sign and date)

44. Environmental Assessment Activities 24 CFR 58.36 Project Activities that are: • Not Categorically Excluded • See Conditions 58.35(a) • Change in Use • Major Rehab • Increase in size or capacity > 20% • New Const > 4 SF together Require a FULL ASSESSMENT

45. Environmental Assessment Activities • Greater potential for Impact • Always requires a FONSI and RROF • Determines if EIS is required • Requires study of alternatives

46. Environmental Assessment • Requires NEPA study • Includes the Laws and Authorities at 58.5 and 6 • Studies: • Human Environment • Built Environment

47. Environmental AssessmentClearance • Complete EA Checklist • Make Finding • Publish/Post Combined Notice • Wait 15/18 days • RROF and certifications to HUD) • HUD waits 15 days

48. Environmental Impact Statement “EIS” 24 CFR Part 58.37 Completed for: • Controversial Projects • Findings of Significant Impacts (FOSI) • Large projects (2,500 or more units)

49. Overview of Public Notification • EA: Combined Notice (FONSI and NOI) • CE that “trigger” compliance: NOI/RROF only • CE No Compliance Triggered None • CE Not Subject to 58.5 : None • Exempt: None

50. Public Comment Periods24 CFR part 58.45 • NOI/FONSI - 15 days from Publication or 18 days from Posting • NOI - 7 days from Publication or 10 days from Posting • RE must consider comments prior to submitting its RROF to HUD