Rd instruction 1944-n table of Contents




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21

(Revision 2)


(09-01-93) PN 212

RD Instruction 1944-N


§ 1944.672 Environmental review requirements.


Grants made under this subpart must comply with the environmental review requirements in accordance with 7 CFR part 1970. (Revised 04-01-16, SPECIAL PN.)
(a) The approval of an HPG grant for the repair, rehabilitation, or replacement of dwellings is classified as a Categorical Exclusion without an Environmental Report, pursuant to § 1970.53. As part of their pre-application materials, applicants shall submit environmental documentation in accordance with 7 CFR part 1970, for the geographical areas proposed to be served by the program. (Revised 04-01-16, SPECIAL PN.)
(b) The use of HPG funds by the grantee to repair, rehabilitate, or replace on the same site specific dwellings is generally exempt from an RHS environmental review. However, if such dwellings are located in or adjacent to an environmental resource, further environmental review may be required in accordance with 7 CFR part 1970. Dwellings within the Coastal Barrier Resources System are not eligible for HPG assistance. Applicants must include in their preapplication a process for identifying dwellings that may receive housing preservation or replacement housing assistance that will require an environmental assessment. (Revised 04-01-16, SPECIAL PN.)
(c) If, in accordance with 7 CFR part 1970, the dwelling does not require further environmental review, the grantee must complete and submit to RHS a RD Form 1970-1 for each recipient, and include a copy in the recipient's file. The grantee must also include in each recipient's file: (Revised 04-01-16, SPECIAL PN.)
(1) Documentation on how the process for historic preservation review under § 1944.673 of this subpart has been complied with, including all relevant reviews and correspondence; and
(2) Determination as to whether the unit is located in a 100-year floodplain or a wetland.
(3) Documentation of this review. Suggested language is: "We have considered this dwelling under RHS's environmental and historic preservation requirements for a HPG (§§ 1944.672 and 1944.673 of this subpart) and an environmental assessment is not required. The review was completed in accordance with the process to identify properties requiring an RHS environmental assessment approved with our statement of activities."

22

(Revision 2)


RD Instruction 1944-N

§ 1944.672 (Con.)

(d) When an HPG proposal does not qualify as a Categorical Exclusion under § 1970.53 and may require either an environmental report under § 1970.54 or an environmental assessment, the applicant will immediately contact the RHS office designated to service the HPG grant. Prior to approval of HPG assistance to the recipient by the applicant, RHS must complete the environmental review process in accordance with 7 CFR part 1970, with the assistance of the applicant, as necessary. (Revised
04-01-16, SPECIAL PN.)

22A

(Added 04-01-16, SPECIAL PN)


RD Instruction 1944-N

§ 1944.672 (Con.)

(e) If an environmental assessment is required, the grantee will prepare the document in accordance with 7 CFR part 1970 and submit it to RHS for review. A copy of the environmental assessment will also be made part of the recipient's file. (Revised 04-01-16, SPECIAL PN.)
(f) Proposed use of funds by an applicant to use moneys for additions under § 1944.664 (c)(11) of this subpart must be addressed in the statement of activities.
(g) Grantees must contact RHS prior to actual usage of funds by the grantees under § 1944.664 (c)(11) of this subpart. RHS must complete the appropriate level of environmental review in accordance with
subpart 7 CFR part 1970. (Revised 04-01-16, SPECIAL PN.)
§ 1944.673 Historic preservation and replacement housing requirements and procedures. (Revised 06-12-97, SPECIAL PN.)
(a) RHS has entered into a Programmatic Memorandum of Agreement (PMOA) with the National Conference of State Historic Preservation Officers (SHPO) and the Advisory Council on Historic Preservation in order to implement the specific requirements regarding historic preservation contained in Section 533 of the Housing Act of 1949, 42 U.S.C. 1490(m) of the enabling legislation. The PMOA, with attachments, can be found in RD Instruction 2000-FF. A copy of the PMOA will be provided to each applicant for a HPG as part of the preapplication package specified in paragraph II of Exhibit C of this subpart.

23

(Revision 3)


(09-01-93) PN 212

RD Instruction 1944-N

§ 1944.673 (Con.)
(b) Accordingly, each applicant for a HPG grant will provide, as part of its preapplication documentation submitted to RHS, a description of its proposed process for assisting very low- and low-income persons owning historic properties needing rehabilitation, repair, or replacement. "Historic properties" are defined as properties that are listed or eligible for listing on the National Register of Historic Places. Each HPG proposal shall comply with the provisions of Stipulation I, A-G of the PMOA (RD Instruction 2000-FF). Should RHS be required to assume responsibility for compliance with 36 CFR part 800 in accordance with Stipulation III of the PMOA, the grantee will prepare an environmental assessment in accordance with 7 CFR part 1970 and submit it to RHS for review. RHS will work with the grantee to develop alternative actions or mitigation measures, as appropriate. (Revised 04-01-16, SPECIAL PN.)
(c) Such assumption of responsibility by RHS on a particular property shall not preclude the grantee from carrying out the requirements of 36 CFR part 800 on other properties as though it were a Federal agency, but no work may be commenced on any unit or dwelling in controversy until and unless so advised by RHS.
§ 1944.674 Public participation and intergovernmental review.
(a) In preparing its statement of activities, the applicant is responsible for consulting with leaders from the county, parish and/or township governments of the area where HPG activities will take place for the purpose of assuring that the proposed HPG program is beneficial and does not duplicate current activities. American Indian nonprofit organization applicants should obtain the written concurrence of the tribal governing body in lieu of consulting with the county governments when the program is operated only on tribal land.
(b) The applicant must also make its statement of activities available to the public for comment. The applicant must announce the availability of its statement of activities for review in a newspaper of general circulation in the project area and allow at least 15 days for public comment. The start of this 15-day period must occur no later than 16 days prior to the last day for acceptance of preapplications by RHS.
(c) The HPG program is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Under RD Instruction 1970-I, prospective applicants for HPG grants must submit its statement of activities to the State single point of contact prior to submitting their preapplication to RHS. Evidence of submittal of the statement of activities to the State single point of contact is to be submitted with a preapplication. Comments and recommendations made through the intergovernmental review process are for the purpose of assuring consideration of State and local government

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