Rd instruction 1944-n table of Contents




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Guide: Grantee's Process for Identifying Properties

Requiring Rural Development Environmental Assessments


I. Before beginning work on a particular dwelling, we (grantee) agree to answer the following questions in accordance with the accompanying guidelines:
A. Floodplains, Wetlands, and Coastal Barrier Resources System

(CBRS)
1. Is the dwelling located in a 100-year floodplain?
The grantee will check the latest Federal Emergency Management Agency (FEMA) Floodplain Insurance Rate Maps to determine if the property is located in a 100-year floodplain. These maps are provided by FEMA to each community which has been mapped, and may be reviewed on the FEMA Map Service Center website or at local municipal or county governmental offices. FEMA maps may also be purchased from FEMA's Flood Map Distribution Center by calling 1-800-333-1363. If a community has not been mapped, information regarding floodplains may be obtained from the Soil Conservation Service (SCS), the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the U.S. Geological Survey offices, or regional or State agencies established for flood prevention purposes. (Revised 04-01-16, SPECIAL PN.)
RHS will obtain a FEMA Standard Flood Hazard Determination form, which will indicate if the property is located in a floodplain. If the exact location of the boundary of the floodplain or the elevation of the structures on the property in comparison to the floodplain’s base flood elevation must be determined, and when advised to do so by Rural Development or one of the above agencies, the grantee will obtain the services of a registered engineer or appropriate environmental professional to make the floodplain determination. (For further instructions, see 1970 Subpart F – Floodplains.) (Revised 04-01-16, SPECIAL PN.)
2. Is the dwelling located in a wetland?
The grantee will follow the instructions in 1970 Subpart G – Wetlands to determine if the dwelling may be located in or immediately adjacent to a wetland. When advised to do so by Rural Development, the grantee will obtain the services of an appropriate environmental professional to make the wetland determination. (Revised 04-01-16, SPECIAL PN.)

(04-01-16) SPECIAL PN

RD Instruction 1944-N

Exhibit F-1

Page 2

(Renumbered 04-01-16, SPECIAL PN)



If an environmental resource may be adversely affected, no work will be done on the dwelling until Rural Development completes an environmental assessment in accordance with 7 CFR part 1970. The grantee will abide by the decisions resulting from the assessment, including mitigation measures or a decision to reject the dwelling for the Housing Preservation Grant (HPG) program. The applicant will provide information or documentation requested by Rural Development. (For further instructions, see 1970 Subpart G – Wetlands.) (Revised 04-01-16, SPECIAL PN.)

3. Is the dwelling located in the CBRS?


If the dwelling is located on or adjacent to a coast of the United States or the Great Lakes, the grantee will check with the U.S. Fish and Wildlife Service to determine if the property is part of the CBRS. Rural Development County Offices servicing coastal areas may also have CBRS maps.
If a dwelling is located within the CBRS, the dwelling is ineligible for the HPG program. (For further instructions, see 1970 Subpart O – Other Protected Resources and Guides.) (Revised 04-01-16, SPECIAL PN.)

B. Historic and Archaeological Properties


4. Does the dwelling or property have any historic or archaeological value?
The grantee will develop in consultation with the State Historic Preservation Officer (SHPO) a process to ensure full compliance with the spirit and intent of RD Instruction 2000-FF. The process will take into account the national historic preservation objectives set forth in Attachment 1 of Exhibit A of RD Instruction 2000-FF, and will encourage the rehabilitation of historic buildings in a manner that realistically meets the needs of very low- and low-income property owners while preserving the historic and architectural character of such buildings.
The grantee will identify properties that are listed or eligible for listing on the National Register of Historic Places. This will be accomplished by evaluating the property as set forth in Attachment 2 of Exhibit A of RD Instruction 2000-FF.
RD Instruction 1944-N

Exhibit F-1

Page 3

(Renumbered 04-01-16, SPECIAL PN)



At a minimum, the grantee will contact the SHPO and request comments when any of the following conditions occur:
(a) The dwelling proposed for rehabilitation and/or repair is older than 50 years;
(b) Regardless of age, the property appears to have significant historic and/or archaeological features, including, but not limited to:
(1) The dwelling appears to have unusual architectural features which are not typically found in the area;
(2) A graveyard or burial ground of any type is known to be on the property;
(3) The property contains or is known to have contained a significant number of artifacts such as arrowheads, stone tools, etc.;
(4) The property is located in or adjacent to a currently listed historic district or site.
(c) Any other conditions agreed upon by the grantee and SHPO under the terms of RD Instruction 2000-FF.
When planning the rehabilitation of a historic property for a proposed recipient, the grantee will comply with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings to the extent practicable.
If, after consulting with SHPO, it is determined the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings cannot be reasonably met, or it is determined a historic property will be adversely affected, the grantee will furnish all necessary information and initiate formal consultation to afford the Advisory Council on Historic Preservation an opportunity to comment. Attachment 3 of Exhibit A of RD Instruction 2000-FF provides additional guidance on this subject.

(04-01-16) SPECIAL PN

RD Instruction 1944-N

Exhibit F-1

Page 4

(Renumbered 04-01-16, SPECIAL PN)



If at any time during renovation work one of the above conditions mentioned in paragraphs (a) through (c) of this section becomes apparent, the grantee will immediately cease work on the property and contact the SHPO and Rural Development. The grantee will abide by the directions of the SHPO and Rural Development concerning further work on the property.
(For further instructions, see 1970 Subpart H – Historic Preservation.) (Revised 04-01-16, SPECIAL PN.)
C. Other Environmental Considerations
5. Does the property contain any areas where chemicals or petroleum products are stored, disposed of, or appear to have been released into the environment?
If the grantee discovers such a condition on the property, the grantee will not remove or handle any of these materials. The grantee will immediately consult with the occupants/owners of the dwelling regarding the situation and will contact Rural Development and, if appropriate, the local Health Department or environmental regulatory agency for further guidance.
6. Are there adjacent land uses which now or in the future present a potential detriment to the quality of the environment of the subject property?
The grantee will do a thorough reconnaissance of the surrounding area and determine if there are: noise sources (railroads, airports, industry, heavily traveled highways, etc.); safety or sanitary problems; air pollution sources; or severe deficiencies in services such as fire protection, crime control, etc.
If any of the adverse environmental conditions noted in paragraphs 5 and 6 of this section are discovered, the grantee will do no work on the dwelling until Rural Development has been consulted. The grantee will abide by the decisions resulting from the consultation and/or assessment, including mitigation measures or a decision to reject the dwelling for the HPG program.
RD Instruction 1944-N

Exhibit F-1

Page 5

(Renumbered 04-01-16, SPECIAL PN)



II. We (the grantee) will answer each of these questions on each property considered for inclusion in the HPG program, and will document the recipient file with our findings. If none of the questions are answered "Yes," we will document such in the recipient file and will proceed with the repair/rehabilitation of the property as planned. We will monitor the work being done to insure that all construction wastes are properly disposed of. We will fully cooperate with and assist Rural Development in the preparation of any necessary environmental reviews on the property.
SUBMITTED BY:
_________________________________ _________________________________

Grantee Title


_________________________________ _________________________________

Signature Date


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(04-01-16) SPECIAL PN

Exh G in PDF ONLY.

RD Instruction 1944-N

Exhibit H


Housing Preservation Grant (HPG) Program

Guidelines to HPG Grantees

on the use of Recipient Application Forms and Appeal Rights


I. Recipient applications. Applications are to be processed on a first-come, first served basis. At a minimum, applications used by the grantee to determine if financial assistance will be made available to eligible howeowners, owners of single or multi-unit rental properties, or owners of cooperative housing projects (co-ops) will contain the following:


(A) Name and address of the proposed recipient(s);
(B) The age and number of the persons living in the dwelling or

unit to be assisted with HPG funds for all or part of the

next 12 months;
(C) If a homeowner, the income requirements outlined in

§1944.661 (a) of this subpart;


(D) The applicant's signature;
(E) The date the application was completed by the applicant;
(F) The race or ethnic group and sex designation of the persons

living in the dwelling or unit to be assisted with HPG funds

for all or part of the next 12 months. The race or ethnic

group will be categorized as follows:


(1) White (not of Hispanic origin)
(2) Black (not of Hispanic origin)
(3) American Indian or Alaskan Native
(4) Hispanic
(5) Asian or Pacific Islander;
(G) A statement that the recipient is providing this information

on a voluntary basis to enable the monitoring and compliance

with Federal laws prohibiting discrimination. When the

recipient does not provide this information, the grantee

will fill in this information based on personal observations

and indicate on the recipient's application that it was

filled in by the grantee.

(09-01-93) PN 212

RD Instruction 1944-N

Exhibit H

Page 2

The following is an example of the statement:


The information solicited on this application is requested by the grantee in order to assure the Federal Government, acting through the Rural Development, that Federal laws prohibiting discrimination against applicants on the basis of race, color, national origin, religion, sex, familial status, age, and handicap are being complied with. You are not required to furnish this information, but are encouraged to do so. This information will not be used in evaluating your application or to discriminate against you in any way. However, if you choose not to furnish it, the grantee is required to note the race/national origin and sex of the individual applicants on the basis of visual observation or surname.
II. Notifications to recipients. The grantee will make a determination within a reasonable length of time (30 days) as to whether the recipient's application is incomplete or complete.
(A) Incomplete applications. All recipients who are determined

by the grantee to have submitted an incomplete application

will be notified in writing as to the reason(s) the

application was incomplete. The applicant will be given the

opportunity to complete their application and submit new or

additional information within a stated period of time in an

effort to achieve eligibility. Any application resubmitted

will fall within the normal selection criteria determined by

the grantee.
(B) Complete applications. Recipients with complete

applications (those meeting all of the grantee's criteria)

will be notified in writing whether the applicant was:
(1) Selected for financial assistance;
(2) Placed on a waiting list for financial assistance

subject to the availability of funds; or


(3) Not selected for financial assistance.

RD Instruction 1944-N

Exhibit H

Page 3


(C) Those recipients not selected for financial assistance will be given the specific reason(s) for rejection and given the opportunity to have their determination reviewed by the grantee. If the rejection is based on information from a credit bureau report, it must be revealed to the recipient in accordance with the Fair Credit Reporting Act. Rejection of recipients on an arbitrary basis is prohibited. Examples of such arbitrary rejections are: race, color, religion, sex, familial status, national origin, and handicap; receipt of income from public assistance; and persons with children of undetermined parentage.
III. Filing of recipient applications. Recipient applications and all additional data submitted, determinations, correspondence, etc. will be maintained by the grantee in individual recipient files in accordance with 7 CFR Parts 3015 and 3016. The information will be made available to Rural Development for review during normal hours.

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