Federal Register - June 22, 2021

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Fuente: Federal Register

lotter on DSK11XQN23PROD with NOTICES1

Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Notices occupancy requirements to receive a replacement housing payment under the URA nor does it apply to persons displaced or relocated temporarily by other HUD-funded programs or projects.
Such persons eligibility for relocation assistance and payments under the URA
is not impacted by this waiver.
V.A.13. Environmental requirements.
V.A.13.a. Clarifying note on the process for environmental release of funds when a state carries out activities directly. Usually, a state distributes CDBG funds to units of general local government and takes on HUDs role in receiving environmental certifications from the grant subrecipients and approving releases of funds. For this grant, HUD will allow a grantee to also carry out activities directly, in addition to distributing funds to subrecipients.
Thus, per 24 CFR 58.4, when a grantee carries out activities directly, the grantee must submit the Certification and Request for Release of Funds to HUD for approval.
V.A.13.b. Adoption of another agencys environmental review. In accordance with the Appropriations Act, grant recipients of Federal funds that use such funds to supplement Federal assistance provided under sections 402, 403, 404, 406, 407, 408c4 or 502 of the Stafford Act may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval, or permit that is required by the HCDA.
The grant recipient must notify HUD
in writing of its decision to adopt another agencys environmental review.
The notification must be stated on an RROF/C Form 7015.15 and indicate that another Federal agencys review is being adopted and include the name of the Federal agency, the name of the project, and the date of the projects review. In accordance with the Appropriations Act, and notwithstanding 42 U.S.C.
5304g2, the Secretary may, upon receipt of a RROF/C, immediately approve the release of funds for an activity or project assisted with CDBG
DR funds if the recipient has adopted an environmental review, approval, or permit, or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq.. The grant recipient must retain a completed electronic or paper copy of the review in the grantees environmental records.
V.A.13.c. Unified federal review.
Section 1106 of the Sandy Recovery
VerDate Sep<11>2014

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Improvement Act of 2013 Div. B of Pub.
L. 1132, enacted January 29, 2013
directed the establishment of an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law. The process aims to coordinate environmental and historic preservation reviews to expedite planning and decision-making for disaster recovery projects. This can improve the Federal Governments assistance to States, local, and tribal governments; communities;
families; and individual citizens as they recover from future Presidentially declared disasters. Grantees receiving an allocation of funds under this notice are encouraged to participate in this process. Tools for the unified Federal review process UFR process can be found here: https www.fema.gov/
emergency-managers/practitioners/
environmental-historic/review/library.
V.A.13.d. Historic preservation reviews. To facilitate expedited historic preservation reviews under section 106
of the National Historic Preservation Act of 1966 54 U.S.C. Section 306108, HUD strongly encourages grantees to allocate general administration funds to retain a qualified historic preservation professional and support the capacity of the State Historic Preservation Officer/
Tribal Historic Preservation Officer to review CDBGDR projects. For more information on qualified historic preservation professional qualifications standards see https www.nps.gov/
history/local-law/arch_stnds_9.htm.
As appropriate, grantees may use provisions in existing Section 106
Programmatic Agreements PAs, i.e., the HUD Addendum to the FEMA PA
for Puerto Rico and the HUD Addendum to the FEMA PA for USVI, to expedite Section 106 reviews. HUD and the grantee may also participate in an interagency PA developed for the electric grid effort.
V.A.13.e. Tiered environmental reviews. HUD encourages grantees as Responsible Entities to develop a Tiered approach to streamline the environmental review process, as appropriate, for whenever the action plan contains a program with multiple, similar activities that will result in similar impacts. Tiering, as defined in 40 CFR 1508.1ff, is a means of making the environmental review process more efficient by allowing parties to eliminate repetitive discussions of the same issues, focus on the actual issues ripe for decision, and exclude from consideration issues already decided or
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not yet ripe at each level of environmental review 40 CFR
1501.11. In addition, tiering is appropriate when there is a requirement to evaluate a policy or proposal in the early stages of development or when site-specific analysis or mitigation is not currently feasible and a more narrow or focused analysis is better done at a later date 24 CFR 58.15.
A tiered review consists of two stages:
A broad-level review and subsequent site-specific reviews. The broad-level review will identify and evaluate the issues that can be fully addressed and resolved, notwithstanding possible limited knowledge of the project. In addition, it must establish the standards, constraints, and processes to be followed in the site-specific reviews.
As individual sites are selected for review, the site-specific reviews evaluate the remaining issues based on the policies established in the broadlevel review. Together, the broad-level review and all site-specific reviews will collectively comprise a complete environmental review addressing all required elements. Public notice and the Request for Release of Funds HUDForm 7015.15 are processed at the broad level. However, funds cannot be spent or committed on a specific site or activity until the site-specific review has been completed for the site.
V.A.14. Duplication of benefits.
Section 312 of the Stafford Act, as amended, generally prohibits any person, business concern, or other entity from receiving financial assistance with respect to any part of a loss resulting from a major disaster for which such person, business concern, or other entity has received financial assistance under any other program or from insurance or any other source. To comply with Section 312 and the requirement that all costs are necessary and reasonable, each grantee must ensure that each activity provides assistance to a person or entity only to the extent that the person or entity has an electrical power system improvement need that has not been fully met. Accordingly, grantees must comply with the requirements of the Federal Register notice published on June 20, 2019, entitled, Updates to Duplication of Benefits Requirements Under the Stafford Act for Community Development Block Grant CDBG
Disaster Recovery Grantees 2019 DOB
Notice 84 FR 28836. Requirements on CDBGDR funds and CDBGDR grants in the 2019 DOB Notice shall apply equally to CDBGDR funds for electrical power system improvements. All CDBGDR grants for electrical power system improvements under the Appropriations Act are subject to the
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Federal Register - June 22, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha22/06/2021

Nro. de páginas93

Nro. de ediciones7795

Primera edición14/03/1936

Ultima edición15/06/2026

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