Request for Release of Funds/

Certification

OMB No. 2506-0087 (exp. 07/31/2017)

https://www.hudexchange.info/programs/environmental-review/

1. Overview of the RROF 2. Understand the terms3. Learn the RROF and public notice

requirements for each level of review

4. Special circumstances5. Acronyms

Learning Goals

3

RROF, Form 7015.15

Completed by Responsible Entity

Certifies that the ER complies with NEPA and Part 58 and

Certifying officer consents to and assumes the status of the Federal official under NEPA and Part 58

24 CFR 58.4

RROF/EC

Includes a public notice Lets the public know A federally funded project is

proposed Announces the environmental findings

and Allows the public a voice in the ER

process 24 C.F.R. 58.43, 58.45, Subpart H 4

https://www.cfda.gov

RE contact, include email

HUD, CPD, 1 Sansome St., Suite 1200, San Francisco 94104

HOME, CDBG, CoC….

RROF Form 7015.15

• CFDA No. 14.218, CDBG• CDFA No. 14.239, HOME • CFDA No 14.235, Supportive Housing

Program • CFDA No. 14.247, Self-Help

Homeownership Opportunity Program (SHOP)

Block 4. OMB Catalog Number(s):

B-01-UC-42-XXXX Optional

RROF Form 7015.15

Teagarden Apartments

and/or if no address APN #sBordered by Shell Ave to the north, Smith St. to the east, Church St. to the south…

RROF Form 7015.15

Describe the activities. For example:Rehabilitation activities include roof replacement, install new floors, replace plumbing, remodel complete kitchen, replace kitchen cabinets … .Estimated CDBG: $

RROF Form project description

New construction of a 3 story, 30 unit affordable housing structure on a .33 acre parcel. Retail and office spaces will be located on the ground floor. The building includes 15 one-bedroom units, 14-two bedroom units, 1 two-bedroom manager’s unit, community room, laundry rooms on

RROF Form project description

each floor, access to computer room, outdoor landscaping with BBQ areas, tot lots, and a parking lot with 25 covered spaces with solar on top. Secured storage for 50 bicycles and two dedicated car share spaces. Total estimated project cost: $Estimated HOME: $ CDBG: $

RROF Form project description

http://portal.hud.gov/hudportal/HUD?src=/states/california/working/cpd/cae

Definitions - Responsible Entity

• The unit of general local government (UGLG) that is the recipient of the HUD grant - signs the grant agreement with HUD

• Non-profit/PHA recipient – UGLG with land use responsibilities where the project is located.

24 C.F.R. 58.2(7), 58.4, 58.10

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Certifying Officer

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Certifying OfficerHCD Act, Sec. 104(g), HOME I. P. Act, Sec. 288U.S. Housing Act, Title I, Section 26

• Is the Chief Executive Officer of the jurisdiction (or his/her official designee with written delegation of authority)

• Accepts the jurisdiction of the Federal Courts for the responsible entity in environmental matters

24 C.F.R. 58.2(a)(2) & 58.13

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Certifying Officer

• Certifying officer is the “responsible Federal official”

• Responsible for all the requirements of NEPA, Part 58, and related laws and authorities

• Represent the RE and be subject to the jurisdiction of the federal courts

24 CFR 58.2 16

• Recipient agrees to abide by conditions and requirements of the environmental review.

• Recipient agrees to advise the RE of any changes in the scope of project or in project’s environmental conditions

Recipient Responsibilities - RROF/EC

Levels of Environmental Review

Environmental Assessment

Categorically Excluded ANDSubject to Related Laws and Authorities

ExemptCategorically Excluded NOT Subject to Related Laws and Authorities

Environmental Impact StatementOR

OR

OR

• Must document ERR by completing

CENST format

• Do NOT submit RROF to HUD

• NO public notice requirements

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Exempt per 24 C.F.R. 58.34Categorically Excluded NOT Subject to 58.5 per 58.35(b)

Complete CEST format

Converts to Exempt• Do NOT submit RROF to HUD• NO public notice requirements• Proceed to drawdown fund for the

project

24 C.F.R. 58.34(a)(12)20

Categorically Excluded ANDSubject to Related Laws and Authorities 58.35(a) (CEST)

• Publish / post the NOI/RROF

• Hold the 7/10 day comment period ends

• 24 CFR 58.43 & 58.45

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CEST - Does not convert to exempt

Send RROF to HUD/State using form 7015.15. Include,

Cover letter

Affidavit of publication from newspaper or picture of posting &

Copy of the notice &

Statement of distribution/copy of mailing labels

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CEST - Does not convert to exemptTiered Review

• Include cover letter stating whether comments were received & RE’s response

• Receive the Authority to Use Grant Funds (7015.16) from HUD

• Implement the project

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CEST - Does not convert to exempt

• Publish or post/disseminate FONSI/NOIRROF (combined notice)

• Provide 15/18-day or 30-day comment period for exceptional circumstances

• Resolve and respond to comments received

24 C.F.R. 58.43, 58.45, 58.46

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Environmental Assessment (EA)

Exceptional Circumstances

(a) There is a considerable interest or controversy concerning the project;

(b)The proposed project is similar to other projects that normally require the preparation of an EIS; or

(c) The project is unique and without precedent.

Submit RROF/C (7015.15) to HUD with

• Affidavit of publication/proof of posting• Cover letter stating whether comments

were received and the RE’s response• Statement of distribution/copy of

mailing labels• HUD holds 15 day objection period

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EA

• Publish or post/disseminate FONSI/NOIRROF (combined notice)

• Provide 30-day comment period

• Resolve and respond to comments received

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Environmental Impact Statement (EIS)

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EIS

Submit RROF/EC (7015.15) to HUD with

• Affidavit of publication/proof of posting• Cover letter stating whether comments

were received and the RE’s response• Statement of distribution/copy of

mailing labels• HUD holds 15 day objection period

Permissible Bases for Objections

a) Not signed by RE’s Certifying Officer

b) Findings/determinations not made

c) Omitted steps in preparation/ publication /dissemination of EA/EIS

24 C.F.R. 58.75

Permissible Bases for Objections

d) Committed/incurred costs before receiving AUGF or before completing environmental review

e) Another Federal agency submits written finding that project is unsatisfactory.

24 C.F.R. 58.75

Special Circumstances

Domestic Violence Shelters

All environmental notices published, posted, mailed, in public meetings are notto disclose the street address or the services provided by the facility.

CPD Notice Apr. 21, 2008 McKinney-Vento Homeless Assistance Act, §§ 426(c)(5), 415(c)(5); 24 C.F.R. 583.300(h), 24 C.F.R. 91.225(c)(7)

Multiple Funding Sources

Single RE’s using CDBG and HOME to support the same project

• EA should be combined

• FONSI OR NOI/RROF should note all funding sources

• RROF’s may be combined in Region IX37

Multiple Recipient Projects

Multiple REs/Federal agencies

• The funders may enter into agreement, Lead Agency / Cooperating Agencies

• Lead Agency prepares EA

• Other RE’s review, sign and use the EA

• Each RE must have a complete ERR

24 C.F.R. 58.57, 40 C.F.R. 150138

Multiple Recipient Projects, cont.

• Publish joint or separate FONSI

• Publish joint or separate NOI/RROF

• Submit separate RROFs

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Emergency Situations 24 C.F.R. 58.33

• EIS

• EA

• Exempt

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Three levels of review:

Emergency ProjectsEIS Level - 58.33(a)

• It is unlikely that any HUD funded activity would fall into this category

- if it does -

Follow CEQ rules at 40 CFR 1506.11

http://energy.gov/sites/prod/files/NEPA-40CFR1500_1508.pdf

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Emergency Projects EA Level - 58.33(b)

• Presidentially or locally declared disaster

• Complete EA

• Publish/disseminate combined FONSI/NOI/RROF at same time as submission of RROF 42

Emergency ProjectsExempt 58.34(a)(10)

• Improvements which do not alter environmental conditions

• Limited to protection, repair or restoration activities only to control effects from disasters or stop imminent threats to public safety

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Do not alter, control effects

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Recurring Deficiencies - RROF

RROF

• Not signed by RE’s Certifying Officer

• Incorrect RE

• Missing cover letter stating whether comments were received and if so describe RE’s response

• Development agreement signed before submission of RROF 45

Recurring Deficiencies - Publication

Publication

• The publication does not include all the information required.

• Incomplete project description

• RE/HUD address is incorrect

• Notice is not sent to Federal Agencies –SHPO, FEMA, EPA, or other interested parties – local organizations 46

Project Description example

• Construction of 36 unit MF affordable housing at 123 Church St, San Carlos, CA,

• Two 2-bedroom and 34 3-bedroom units in one two-story building over a 57 space podium garage on a 2 acre parcel,

• Estimated total cost $17,000,000,

• HOME funds for construction, CDBGR for demolition, remediation, infrastructure,

Resources

Formats and what form to use for a particular project:

https://www.hudexchange.info/environmental-review/

or

http://portal.hud.gov/hudportal/HUD?src=/states/california/working/cpd/cae

(tiered review formats and public notice)

ACRONYMS

• AUGF – Authority to Use Grant Funds

• CO – certifying officer

• CEST – Categorically Excluded Subject to 58.5

• CENST – Categorically Excluded Not Subject to 58.5

• FONSI – Finding of No Significant Impact

• FSI – Finding of Significant Impact

ACRONYMS

• NOIRROF – Notice of Intent to RROF

• OEE – Office of Environment and Energy

• RE – responsible entity

• RROF – Request for Release of Funds, HUD Form 7015.15

• UGLG – unit of general local government