Chapter responsibility 2-1 Applicant's environmental assurance




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CHAPTER 2. Responsibility

2-1 Applicant's environmental assurance

A. HOPWA Program Regulations require an assurance that the applicant

will:

1. supply HUD with information necessary for HUD to perform any



applicable environmental review of each property in

accordance with the environmental laws and authorities cited

in 24 CFR part 50;

2. carry out mitigating measures required by HUD or select

alternate eligible property; and

3. not acquire, rehabilitate, convert, lease, repair or

construct property to provide housing, or commit HUD, State,

local - or other funds to such program activities with

respect to any eligible property, until HUD approval of the

property is received. The grantee shall assure that project

sponsors comply with these requirements.

2-2 Grantee's data for HUD environmental review

A. The grantee will cooperate in providing data for HUD's

performance of the environmental review. In submitting data. to

HUD, grantees may use the sample format provided in Appendix 2,

or develop an equivalent format of their own. Grantees are to

provide a separate format for each property. If available,

grantees also may provide HUD with previously issued

environmental reviews prepared by other local, State, or Federal

agencies for the subject property.

B. For community residences only, grantees who prepare environmental

data and related worksheets after the effective date of the HOPWA

grant agreement may use approved technical assistance funds from

the HOPWA Grant to pay for costs incurred.

C. Grantees are prohibited from committing or expending HUD, State,

local, or other funds to undertake any property acquisition,

rehabilitation, conversion, lease, repair or construction

activities (for definition, refer to Paragraph 1-1 above),

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until HUD approval is received for the specific property for use

in the grantee's HOPWA Program.

2-3 HUD's responsibility for performance of the environmental review

A. Sec. 574.510 of HOPWA Program Regulations requires that before

any amounts under this program are used to acquire, rehabilitate,

convert, lease, repair or construct properties to provide

housing, HUD shall perform a review in accord with 24 CFR part

50, which implements the National Environmental Policy Act (NEPA)

and the related Federal environmental laws and authorities listed

under Sect 50.4. In performing its environmental review, HUD will

receive certain information provided by the grantee (refer to

Appendix 2). Also, grantees may provide HUD with previously

issued environmental reviews prepared by other local, State, or

Federal agencies for the proposed property. HUD must, however,

conduct the environmental analysis and prepare the environmental

review and be responsible for the required environmental

findings.

B. HUD shall determine whether a NEPA environmental assessment is

required. HUD shall also determine whether the assisted

activities will trigger thresholds for other applicable Federal

environmental laws and authorities, when the property is:

1. located within designated coastal barriers;

2. listed on, or eligible for listing on, the National Register

of Historic Places; or is located within, or adjacent to, an

historic district or property; or is a property whose area

of potential effects includes an historic district or

property;

3. located near hazardous industrial operations handling fuels

or chemicals of an explosive or flammable nature;

4. contaminated by toxic chemicals or radioactive materials;

5. located within a runway clear zone at a civil airport or

within a clear zone or accident potential

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zone at a military airfield;

6. located within certain flood hazard areas or (for new

construction only) a designated wetland;

7. located within an area requiring flood insurance protection;

or

8. located within a high noise area.



C. For proposed new construction or conversion (including

demolition), major rehabilitation or substantial improvement of

existing properties, HUD also shall determine whether the

assisted activities will trigger thresholds for Federal

environmental laws and authorities that may apply when the

property:

1. is located within a coastal management zone;

2. is located on a sole source aquifer; or

3. would affect an endangered species.

2-4 Field Office Responsibility

A. Secretary's Representatives and State Coordinators, assisted by

Field Environmental Officers, are responsible for overseeing the

performance of environmental procedures under § 574.510 of the

HOPWA Program Regulations.

B. Field CPD Division Directors, assisted by CPD Representatives

(Reps) assigned to the HOPWA Program in the HUD Field Offices

have the lead responsibility for carrying out the intent of this

handbook and are to:

1. Review the grantee's data submission and if complete,

perform the necessary environmental review and document

compliance on applicable HUD Forms 4128 or 4128.1, which are

available from the Field Environmental Officer.

Within five working days of the HUD receipt of the

recipient's complete data submission (see Appendix 2), Field

CPD Reps assigned to the HOPWA Program are to notify the

recipient by letter from the Director for Community Planning

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and Development (CPD), or his/her deputy, indicating one of

the following (To form the letters, refer to Appendix 1):

Option 1: HUD approval;

Option 2: HUD environmental approval with special

conditions, including any mitigating measures to be

undertaken by the grantee;

Option 3: HUD request for additional information to perform

either the threshold determination or the compliance review,

or both, or HUD advice that additional time will be

required; or

Option 4: HUD disapproval and recommendation that the

grantee select an alternate eligible property.

2. Complete the environmental record on HUD Forms 4128 or

4128.1 prior to preparing the Field Office's reply to the

grantee regarding HUD approval or disapproval of the

property.

3. Keep environmental records until the closeout of the project

by HUD; and

4. Monitor compliance with any mitigation measures.

C. Field CPD Reps who need advice or assistance concerning the

implementation of this handbook should contact the Field

Environmental Officer.



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