FY 2005 HOPWA Formula Grant Environmental Procedures

Information by State  Print version   Formula Operating Instructions May 5, 2005 Memo from David Vos GRANT ALLOCATION PHASE   2005 Formula Allocations (Attachment 1) - Service Area Maps - Race/Ethnic Data Collection   Consolidated Planning - Strategic Plan GRANT ACTION PHASE   Grant Agreement (Attachment 3)   Grant Agreement Letter(Attachment 4)   Consolidated Planning - Action Plans   Environmental Review   ADAP Costs (Attachment 9) GRANT PERFORMANCE PHASE   Annual Reporting (Attachment 5)   Consolidated Planning - CAPER - CAPER Charts - Grantee Narrative   IDIS For HOPWA Grantees (Attachment 6)   IDIS Correction Notice Letter (Attachment 7)   Formula Grantee Report Schedule (Attachment 8) Related Information   Formula Allocation History   Technical Assistance Providers Want More Information? If you have any questions or need additional guidance, please contact Mr. William Rudy, Office of HIV/AIDS Housing at (305) 536-5678 Ext. 2260 or Mr. David Vos, Director, Office of HIV/AIDS Housing at (202) 708-1934.

Under a permanent change in the AIDS Housing Opportunity Act by the Department's Appropriation Act for FY2001, the procedure for conducting a HOPWA environmental review was revised for all HOPWA projects. This change was requested to allow for the assumption of environmental responsibilities by states and local governments, similar to other HUD programs. That section authorizes responsible entities (including units of general local government, states, Indian tribes, and Alaska native villages) to perform the environmental review for proposed HOPWA projects in accordance with 24 CFR Part 58. If the recipient (i.e. grantee) cannot serve as a responsible entity, then it must request the responsible entity, as defined in 24 CFR Part 58, housing agencies or private nonprofit organizations (Section 58.11), or if HUD determines that the responsible entity should not perform the environmental review on the basis of performance, timing or compatibility of objectives, HUD may designate another responsible entity to conduct the review under Part 58 or may itself conduct the environmental review under Part 50. Where HUD determines, under 24 CFR 58.11, that it will perform an environmental review for a particular project in accordance with 24 CFR Part 50, the HOPWA recipient may not acquire; rehabilitate, convert, lease, repair or construct property or commit or expend any grant or nonfederal funds for these program activities until HUD provides written notice to the recipient that HUD has completed the environmental review. This statutory provision was implemented in a recent final amendment of the HOPWA regulation at 24 CFR 574.510 (68 FR 56130, published on September 29, 2003).

HOPWA recipients may not commit or expend any grant or nonfederal funds on project activities (other than activities exempted under § 58.34 or excluded under §58.35(b)) until HUD has approved the recipient's request for the release of funds (RROF) (Form HUD-7015.15) under Part 58. HUD cannot release funds if the recipient or any other party commits grant funds for activities not listed in 24 CFR 58.34 or 58.35(b) before the field office approves Form HUD-7015.15.

The statutory change also requires that for recipients who are private nonprofit organizations or public housing agencies (PHAs), the environmental review is to be performed by responsible entities (units of general local government in whose jurisdiction the activity is located or states) in accordance with 24 CFR Part 58--"Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities" whether or not the grantee is itself a unit of general local government or a state. Previously, the review was required to be performed by HUD for PHAs and nonprofit grantees in accordance with 24 CFR Part 50 -- "Protection and Enhancement of Environmental Quality." If a responsible entity is either unwilling or unable to perform an environmental review for grantees who are using public HOPWA or nonfederal funds prior to the HUD approval of the RROF (or prior to completion of a HUD environmental review) may result in denial of assistance for the project under consideration.

In addition, as may be needed in using funds for a new HOPWA project, a notification letter should be sent to the recipients to communicate this information regarding environmental procedures, suggested draft follows:

Any new project being supported with these federal funds may require an environmental review, which must be completed before HUD funds can be committed or expended. Once the environmental review has been completed, please submit Form HUD-7015.15, the Request for Release of Funds (enclosed), to this office. HUD will not release funds to the project until this form has been submitted and HUD in turn has notified you that the request is approved. If the recipient is a state or unit of general local government, then the recipient must complete all three parts of Form HUD-7015.15. Please complete the form and submit it to this HUD office after the environmental review has been completed and any required notices are published. Only units of general local government can assume responsibility for environmental reviews under 24 CFR Part 58. Sponsors can supply the required information to the responsible entity to prepare the review.

If the new project requires an environmental assessment per part 58.36, please note that this process does take time; the public notice and comment requirements take 30 days after the assessment is prepared. HUD's web site has helpful information on these environmental review requirements.

However, if the new project does not require an environmental review, as it does not involve the use of a new property or facility site, it is necessary to file of an exemption to an environmental review, which must be completed before HUD funds can be committed or expended. Where a responsible entity makes an environmental finding of exemption for a site in accordance with § 58.34(a)(12) and (b), then that finding of exemption may be submitted by the recipient to the field office in lieu of Form HUD-7015.15, the Request for Release of Funds, to this office. HUD will not release funds to the project until this form has been submitted and HUD in turn has notified you that the request is approved.

If you have any questions or would like assistance proceeding with the environmental assessment, please email HOPWA.