SUBJECT: Indian Housing Block Grant Program: Guidance and Procedures If
Tribes

Do Not Assume Environmental Review Responsibilities under 24 CFR Part 58

**I. Purpose**

The purpose of this Notice is to describe the responsibilities of the
recipient and of the HUD Area Office of Native American Programs (ONAP)
if the tribe does not assume environmental review responsibilities under
24 CFR Part 58\--Environmental Review Procedures for Entities Assuming
HUD Environmental Responsibilities. This Notice also defines the
information (see **Appendix** **A**) to be provided by recipients to the
HUD Area ONAP Administrator for compliance with environmental review
responsibilities under 24 CFR Part 50\--Protection and Enhancement of
Environmental Quality (hereafter Part 50). The authority for Indian
Housing Block Grant (IHBG) environmental review is Section 105 of the
Native American Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4115).

The Indian Housing Plan (IHP) submitted by, or on behalf of the Tribe,
indicates when the Tribe selects HUD to fulfill the environmental review
responsibilities for the IHBG assisted activities under the provisions
of Part 50. As stated in §1000.20(a) of the program regulations for the
IHBG Program, a HUD environmental review must be completed for any IHBG
activities not excluded from review under §50.19(b) **before** a
recipient may acquire, rehabilitate, convert, lease, repair or construct
property, or commit HUD or local funds used in conjunction with such
IHBG assisted activities with respect to the property.

Tribes (or Tribally Designated Housing Entities (TDHEs)) that select HUD
to fulfill the environmental review responsibility submit an
**environmental** **assurance** in accord with §50.3(h).

This Notice uses the terms and thresholds in Part 50 to identify when a
particular type of activity is subject to compliance with environmental
review procedures. This Notice does not address the eligibility of any
activity under the IHBG program. Affordable housing activities that are
eligible for IHGB funding are set forth in Section 202 of NAHASDA.

**II. Responsibilities**

**A. Recipient\'s environmental responsibility**

Recipients shall:

\(1\) provide an **environmental assurance** in their Indian Housing
Plan;

\(2\) supply HUD with all available, relevant information necessary for
HUD to perform for each property any environmental review required by
Part 50;

\(3\) carry out mitigating measures required by HUD or select an
alternate eligible property;

\(4\) not acquire, rehabilitate, convert, lease, repair or construct
property, nor commit or expend HUD or local funds for these program
activities with respect to any eligible property until HUD approval of
the property is received.

**Definitions:** The term \"local funds\" refers to any nonfederal
funds. The term \"HUD approval\" means environmental approval by the HUD
Area ONAP Administrator or his/her designee.

In submitting data to HUD, recipients may use the sample provided in the
**Appendix** **A**, or develop and use an equivalent method. To the
extent possible, recipients are to aggregate activities for a single
evaluation by the Area ONAP in whose jurisdiction the project is
located.

Recipients are to provide separate data for each property or community
area. If available, recipients also may provide HUD with previously
issued environmental reviews prepared by other local, State, or Federal
agencies for the subject property. Recipients are encouraged to obtain
outside information at the earliest possible stage. A recipient\'s
failure to provide all necessary and required information in a timely
manner may delay the environmental review process and thereby the
implementation of the recipient\'s affordable housing activities.

A recipient\'s IHBG funds may be used to obtain the environmental
information that the recipients are responsible for supplying to the HUD
Field Office under this guidance. There is no requirement for an
environmental review for the use of these funds for such purpose.
Section 50.19(b)(1) and (3) respectively exclude from environmental
review procedures both \"environmental and other studies\" as well as
\"administrative and management costs.\" This exclusion extends to the
costs of environmental consultants engaged by the recipient and/or
payments to local governments for this service.

**B. HUD Area ONAP Administrator and staff responsibilities**

The Area ONAP Administrator shall serve as the \"HUD approving
official\" as defined in §50.2 for the IHBG program within the HUD field
office jurisdiction. The responsibilities of the Area ONAP Administrator
and staff are stated in **Appendix B**.

**III. Activities Not Subject to Environmental Review**

**A. Documentation is not required.**

Except in extraordinary circumstances, documentation is **not** required
for activities that do not require environmental review (reference
§50.19). The activities (1) through (12) listed below are categorically
excluded from the environmental assessment required by the National
Environmental Policy Act (NEPA) and these activities are also not
subject to the compliance requirements of related environmental laws and
authorities listed in §50.4. Recipients may proceed with any of these
activities identified in its IHP without the environmental approval of
HUD, unless there are other issues or conditions of funding approval not
related to environmental review which must be resolved or met before
implementation is allowed. If you have any questions regarding whether
or not an activity identified in your IHP is subject to environmental
review, contact the Area ONAP Administrator or his/her designee before
you commit IHBG, local or other funds to the activity.

\(1\) Environmental and other studies, resource identification and the
development of plans and strategies;

\(2\) Information and financial advisory services;

\(3\) Administrative and management expenses;

\(4\) Public and supportive services that will not have a physical
impact or result in any physical changes;

\(5\) Inspections and testing of properties for hazards or defects;

\(6\) Purchase of insurance;

\(7\) Purchase of tools;

\(8\) Engineering or design costs;

\(9\) Technical assistance and training;

\(10\) Assistance for temporary or permanent improvements that do not
alter environmental conditions and are limited to protection, repair or
restoration activities necessary only to control or arrest the effects
from disasters or imminent threats to public safety including those
resulting from physical deterioration;

\(11\) Tenant-based rental assistance;

\(12\) Operating costs including maintenance, security, operation,
utilities, furnishings, supplies, staff training and recruitment and
other incidental costs; and

\(13\) Housing pre-development costs including legal, consulting,
developer and other costs related to site options, project financing,
administrative costs and fees for loan commitments, zoning approvals,
and other related activities which do not have a physical impact.

**B. Limited documentation is required.**

Limited documentation is required for certain activities. Even though
these activities do not require environmental review, compliance with
certain laws must be documented. Certain affordable housing activities
are categorically excluded from an environmental assessment required by
NEPA (§50.19) and these activities are not generally subject to the
compliance requirements of the Federal laws and authorities cited in
§50.4, except as noted below. The activities (1) and (2) listed below
require a finding of compliance with some of the laws or authorities and
therefore HUD approval prior to implementation.

\(1\) Activities to assist homeownership of existing dwelling units,
including closing costs and downpayment assistance to homebuyers,
interest buydowns and similar activities that result in transfer of
title to the property (referenced in §50.19(b)(15)). These activities
are subject to the requirements of: the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001-4128) as amended by the National Flood Insurance
Reform Act of 1994; the Coastal Barrier Resources Act, as amended by the
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501 et. seq.); and
24 CFR 51.303(a)(3) Airport Runway Clear Zones and Clear Zones.

\(2\) Equipment purchase (§50.19(b)(13)) as part of operating costs) is
subject to compliance with the requirements of: the Flood Disaster
Protection Act of 1973 as amended by the National Flood Insurance Reform
Act of 1994. If equipment is Federally-assisted and located within the
special flood hazard area, flood insurance is required.

**IV. Activities Subject to Environmental Review**

**(reference §§50.20, 50.31, and 50.42)**

**A. The** **following activities are subject to environmental review.**

\(1\) Any activity that may have a significant impact to the human
environment including: (a) new construction, (b) conversion of land use
(including demolition) from non-residential to residential **or** from
residential to non-residential use; and (c) acquisition of undeveloped
land including acquisition for future development;

\(2\) Major rehabilitation and improvement of existing structures;

\(3\) Minor rehabilitation and repair of existing structures;

\(4\) Acquisition of existing structures; and

\(5\) Leasing or rental assistance involving existing structures.

**B. Qualified data sources**

Recipients are encouraged to obtain outside information at the earliest
possible stage. The sample provided in **Appendix A** (or an equivalent
method) should be used for providing HUD with the information pertaining
to compliance with the Federal environmental laws and authorities.
Information provided by recipients must be from a qualified data source.

**Definition:** a qualified data source may include any Federal, State,
local, or tribal agency with expertise or experience in environmental
protection or any other source qualified to provide reliable information
on the particular subject. One letter from a qualified source could
possibly provide threshold information for several of the applicable
Federal environmental laws and authorities.

**C. Federal environmental laws and authorities that apply to various
IHBG activities**

**(1) Leasing** **or rental assistance involving** **existing
structures:**

Under Part 50, leasing or rental assistance involving existing housing
and non-residential properties is generally subject only to applicable
authorities for properties located within coastal barrier resources,
contaminated sites, flood prone or wetland locations, or for
project-based leasing activities. IHBG rental assistance under section
202(3) under Housing Services (25 U.S.C. 4132) would fall into this
category. The use of IHBG assistance to make available affordable
housing by subsidizing rental payments other than tenant-based requires
that the proposed property to be used for rental assistance be in
compliance with the above mentioned Federal laws and authorities. Refer
to section G(1) of Appendix A.

**(2) Acquisition of existing structures:**

Acquisition of existing structures is subject to the same authorities as
lease activities as well as generally to the applicable authorities for
properties requiring flood insurance protection, or located within clear
or accident potential zones of airports and airfields. IHBG assistance
for real property acquisition under section 202(2) would fall into this
category, if it were limited to acquisition of existing structures and
conformed with §50.20(a)(4). Refer to section G(2) of Appendix A.

**(3) Minor rehabilitation**[^1] **and repair of existing structures:**

Minor rehabilitation or repair activities are subject to the same
authorities as lease and acquisition of existing structures as well as
to the applicable authority for properties that are historic or affect a
historic property. This also includes archeological and cultural
resources. IHBG assistance for moderate rehabilitation under section
202(2) would fall into this category, if it conformed with the
thresholds for minor rehabilitation in §50.20(a)(2). Refer to section
G(3) of Appendix A.

**(4) For new construction, conversion, acquisition of vacant land
(including acquisition for future** **development) and for the major
rehabilitation and improvement of existing structures:**

\(a\) **Individual actions under §50.20(a)(3):** Individual actions
cover new construction or acquisition of land for development of up to
four housing units **[or]{.underline}** for five or more units of
housing on scattered sites where the housing sites are more than 2,000
feet apart and there are not more than four units on any one site. Refer
to section G(4) of Appendix A. Except in extraordinary circumstances, an
environmental assessment for compliance with NEPA is **not** required
for \"individual actions,\" however \"individual actions\" are subject
to compliance with other environmental reviews under the applicable
Federal laws and authorities cited in §50.4.

\(b\) **Other actions:** For new construction (other than for
\"individual actions\"), for conversion of land use (including
demolition) from nonresidential to residential (or from residential to
nonresidential), for the acquisition of vacant land for future
development, or for the major rehabilitation and improvement of existing
structures,\-- an **environmental assessment** is required for
compliance with NEPA and all applicable Federal laws and authorities
cited in §50.4. IHBG assistance for new construction, reconstruction,
site improvement, development of utilities and utility services,
conversion and demolition under section 202(2) would fall into this
category. Also, IHBG assistance for substantial rehabilitation would
fall into this category if it does not meet the criteria for categorical
exclusion of minor rehabilitation in §50.20(a)(2). In addition, any
activity that may have a significant impact to the human environment may
require an **environmental impact statement**. Refer to section G(5) of
Appendix A.

**V. Environmental review: threshold determinations and compliance
documentation**

Each question below is numbered as it appears in section G of Appendix A
or equivalent.

**Question #1: Is the property located within designated coastal barrier
resources?**

**Threshold:** Recipients are **prohibited** by the Coastal Barrier
Resources Act, as amended, (16 U.S.C. 3501 et seq.) from using Federal
financial assistance for properties in their IHBG program if the
properties are located within designated coastal barriers of the
Atlantic Ocean, Gulf of Mexico, or the Great Lakes.

**Documentation:** Recipients are to select either **A** or **B** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient states that its program operates in an area or
community that does not contain any shores along the Atlantic Ocean, the
Gulf of Mexico, or the Great Lakes.

**B.** For a recipient whose program operates in an area or community
that does contain shores along the Atlantic Ocean, the Gulf of Mexico,
or the Great Lakes, the recipient provides HUD with a finding made by a
qualified source based upon the official map issued by the Department of
the Interior or the flood insurance rate maps (FIRM) issued by the
Federal Emergency Management Agency stating that the recipient\'s
proposed property or project is not located within designated coastal
barrier resources. The map panel number must be cited.

**Example:** The finding is that the coastal property is not located
within designated coastal barrier resources as shown on FIRM map for
Cameron County, TX, community-panel number 480101 0005 A, map revised
March 18, 1991.

**Question #2: Is the property contaminated by toxic chemicals or
radioactive materials?**

**Threshold:** HUD policy, as described in § 50.3(i), provides that
\"(1)...all property proposed for use in HUD programs be free of
hazardous materials, contamination, toxic chemicals and gasses, and
radioactive substances, where a hazard could affect the health and
safety of occupants or conflict with the intended utilization of the
property. (2) HUD environmental review of multifamily and
non-residential properties shall include evaluation of previous uses of
the site and other evidence of contamination on or near the site, to
assure that occupants of proposed sites are not adversely affected by
the hazards...\". HUD will not approve the provision of financial
assistance to residential properties located on contaminated sites that
are not found to meet the criterion in (1) above. Sites known or
suspected to be contaminated by toxic chemicals or radioactive materials
include, but are not limited to, sites which: (i) are listed on an EPA
Superfund National Priorities or CERCLA List, or equivalent State list;
(ii) are located within 3,000 feet of a toxic or solid waste landfill
site; or, (iii) have an underground storage tank (which is not for
residential fuel).

**Documentation:** Recipients are to select either **A** or **B** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding made by a qualified
data source stating that the property proposed for use in the IHBG
program: (i) is not listed on an EPA Superfund National Priorities or
CERCLA List, or equivalent State list; (ii) is not located within 3,000
feet of a toxic or solid waste land fill site; (iii) does not have an
underground storage tank (which is not a residential fuel tank); and
(iv) is not known or suspected to be contaminated by toxic chemicals or
radioactive materials.

**B.** The recipient states that the property: (i) is listed on an EPA
Superfund National Priorities or CERCLA List, or equivalent State list;
(ii) is located within 3,000 feet of a toxic or solid waste land fill
site; (iii) does have an underground storage tank (which is not a
residential fuel tank); or (iv) is known or suspected to be contaminated
by toxic chemicals or radioactive materials. For any of these
conditions, the recipient must provide an American Society for Testing
Materials (ASTM) Phase I report.

**Question #3: Is the property located within a flood hazard area or
designated wetlands?**

**Threshold:** Projects located within a flood hazard area or designated
wetland are subject to Executive Order 11988 (Floodplain Management) and
Executive Order 11990 (Protection of Wetlands) respectively. HUD\'s
implementing regulations at 24 CFR Part 55\--Floodplain Management,
prescribe measures for protecting floodplains. HUD will require 30 to 60
days in most cases to perform the required processing. Generally, Part
55 does not apply to financial assistance for existing single-family
properties proposed for acquisition or lease and located within the
floodplain, provided (i) the existing property is not located within a
floodway or coastal high hazard area; (ii) the existing property does
not involve substantial improvement, which for flood hazard purposes is
defined in §55.2(b)(8); and (iii) in accordance with §55.12(b)(1), the
community in which the property is located is in the Regular Program of
the National Flood Insurance Program (NFIP) and in good standing (i.e.,
not suspended from program eligibility or placed on probation under 44
CFR 59.24); and (iv) that the existing property does not involve a
critical action.

Under the provisions of these Executive Orders HUD must avoid financial
support for covered activities, unless it can demonstrate that there are
no practicable alternatives outside the floodplain or wetland. Where
flood-free and wetland-free sites are available within the community or
housing market area, these are considered practicable.

Floodplain properties covered under E.O. 11988 are properties located
within a Special Flood Hazard Area (SFHA) or for critical actions,
properties within the 500-year floodplain. The critical action standard
applies to the proposed use of IHBG assistance to structures or
facilities located within the 500-year floodplain, when the structures
or facilities are likely to contain occupants who may not be
sufficiently mobile to avoid loss of life or injury during flood or
storm events (24 CFR Part 55).

**Documentation:** Recipients are to select **A** or **B** for the
condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding that the property is
**not** located within the Special Flood Hazard Area or designated
wetlands.

**B.** The recipient provides HUD with a finding that the property is
located within the Special Flood Hazard Area or designated wetlands.

The response as to whether a property is located within a Special Flood
Hazard Area or designated wetlands can be made as follows. To make a
wetlands finding, the recipient would use maps issued by the Department
of the Interior (DOI) for the National Inventory of Wetlands. To make a
floodplain finding, the recipient would use maps issued by the Federal
Emergency Management Agency (FEMA) for the National Flood Insurance
Program. These findings should cite the map panel number of the official
maps issued by DOI and FEMA on the basis of which the findings were
made. For flood map information, see the FEMA homepage
\[http://www.fema.gov/nfip/fmapinfo.htm\].

**Note:** If the property is found to be located within a SFHA, please
proceed to the next section on Flood Insurance Protection and document
the requisite insurance amount and period of coverage. This is not
necessary if the project will consist of leasing of an existing
structure that does not involve IHBG funds for repair or rehabilitation.

**Question #4: Is the property in a location requiring flood
insurance?**

**Threshold:** The Flood Disaster Protection Act of 1973 requires owners
of HUD-assisted SFHA properties to purchase and maintain flood insurance
protection as a condition of approval of any HUD financial assistance
for proposed acquisition, rehabilitation, conversion, repair or
construction of structures located within the Special Flood Hazard Area.
The statutorily-prescribed period and dollar amount of flood insurance
is discussed below and is more stringent for grant assistance than for
loan types of assistance. Recipients cannot be self-insurers under the
National Flood Insurance Program. As noted above, leasing activities are
not subject to this requirement unless repairs or rehabilitation is
assisted with IHBG funds.

**Duration of Flood Insurance Coverage:** The statutory period for such
coverage may extend beyond project completion. For loans, loan insurance
or guaranty, coverage must be continued for the term of the loan. For
grants and other non-loan forms of assistance, coverage must be
continued for the life of the property, regardless of transfer of
ownership of such property. The statute mandates that \"The requirement
of maintaining flood insurance shall apply during the life of the
property, regardless of transfer of ownership of such property.\" (42
U.S.C 4012a(a)).

**Dollar Amount of Flood Insurance Coverage:** For loans, loan insurance
or guaranty, the amount of coverage need not exceed the outstanding
principal balance of the loan. For grants and other non-loan forms of
assistance, the amount of coverage must be at least equal to the
development or project cost (less estimated land cost, if any) or to the
maximum limit of coverage made available by the Act with respect to the
particular type of building involved (single family, other residential,
or non-residential), whichever is less. The development or project cost
is the total cost for acquiring, constructing, reconstructing,
repairing, or improving the building. This cost must include both the
Federally-assisted and non-Federally assisted portion of the cost,
including any machinery, equipment, fixtures, and furnishing. If the
Federal assistance includes any portion of the cost of any machinery,
equipment, fixtures or furnishing, the total cost of that item must be
covered. The use of IHBG assistance for proposed furnishings for housing
is not eligible under section 202.

**Proof of Purchase of Flood Insurance Protection:** Once HUD has
approved a specific SFHA property, the recipient\'s file for any such
property shall contain \"proof of purchase\" of flood insurance
protection. The standard documentation for compliance is the \"Policy
Declarations\" form issued by the National Flood Insurance Program
(NFIP) or issued by any property insurance company offering coverage
under NFIP.

**Documentation:** Recipients are to estimate the amount and period of
flood insurance coverage and report these in Appendix A or equivalent.

**Question #5: Is the property located within an airport runway clear
zone at a civil airport or within a clear zone or accident potential
zone at a military airfield?**

**Threshold:** HUD policy described in 24 CFR part 51, subpart D applies
to assisted properties located within Clear Zones (CZ). In the case of
new construction, major or substantial rehabilitation (as defined
below), and the acquisition of undeveloped land, this HUD policy also
applies to properties located within Accident Potential Zones (APZ).
Assisted construction or major rehabilitation of any property located on
a clear zone site is prohibited for a project to be frequently used or
occupied by people.

**Definition:** Rehabilitation (including conversion) is \"major\" or
\"substantial\" when the estimated cost of the work is 75 percent or
more of the property value after rehabilitation or, in the case of
property in an APZ, when the work would change the use of the facility
to a use that is not generally consistent with the recommendations of
the Department of Defense\'s (DOD) \"Land Use Compatibility Guidelines
for Accident Potential Zones,\" or significantly increases the density
or number of people at the site \[§51.302(b)(1) and (2)\].

The provision of HUD financial assistance in a CZ is allowed for
properties proposed for acquisition or lease with or without minor
rehabilitation or repair \[§51.302 (c)\]. Upon HUD approval for
acquisition or lease of a property in a CZ, (a) HUD will give advance
written notice to the prospective property buyer or lessor in accordance
with §51.303(a)(3); and (b) a copy of the HUD notice signed by the
prospective property buyer or lessor will be placed in the property file
(for a sample notice, see **Appendix** **D**). The written notice
informs the prospective buyer or lessor of the potential hazards from
airplane accidents which studies have shown are more likely to occur
within clear zones than in other areas around an airport/airfield and
the potential by airport or airfield operators, who may wish to purchase
the property at some point in the future as part of a clear zone
acquisition program.

For properties located in an APZ, HUD shall determine whether the use of
the property is generally consistent with DOD guidelines.

**Documentation:** Recipients are to select either **A** or **B** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding from a qualified data
source which states that the property proposed for assistance is not
located within 3,000 feet of a civil airport or military airfield.

**B.** For properties located within 3,000 feet of a civil airport or
military airfield, the recipient provides HUD with a finding from the
airport or airfield operator stating whether or not the property
proposed for assistance is located within a runway CZ (civil airport) or
CZ or APZ (military airfield). For properties that are located within a
runway CZ, CZ, or APZ, recipients who propose to rehabilitate such a
property are to provide HUD with estimates of the cost of the proposed
rehabilitation and the property value after the rehabilitation.

**Question #6: Is the property listed on, [or]{.underline} eligible for
listing on, the National Register of Historic Places; located within, or
adjacent to, a historic district; or is a property whose area of
potential effect includes a historic district or property?**

**Threshold:** If a property is proposed for repair (see definition
below), rehabilitation, conversion, new construction, or the acquisition
of undeveloped land, a HUD determination is needed following the
Department of the Interior\'s Standards and Guidelines for Evaluation.
In consultation with the DOI-approved Tribal Historic Preservation
Officer (THPO), or if there is no THPO, then with the State Historic
Preservation Officer (SHPO), HUD will make a determination whether the
property is: (a) listed on or eligible for listing on the National
Register of Historic Places; or, (b) located within or directly adjacent
to a historic district; or (c) a property whose area of potential
effects includes a historic district or property. (The National Historic
Preservation Act of 1966, 16 U.S.C. 470 et seq.)

**Definition:** The term \"repair\" for historic preservation purposes
does not include in-kind replacement or incidental maintenance of
external and internal building features.

Historic properties and districts are subject by law to special
protection and historic preservation processing which HUD must perform
to comply with the regulations of the Advisory Council on Historic
Preservation (36 CFR Part 800). Recipients seeking information from the
THPO (or SHPO) need to allow sufficient time to obtain information from
the THPO (or SHPO). The website for THPOs is
\[http://www2.cr.nps.gov/tribal/thpo1.htm\].

**Note:** For properties determined to be historic properties, (or
properties whose area of potential effects includes a historic district
or property) even if the THPO (or SHPO) concludes that no adverse effect
will occur as a result of the assisted project, HUD will require 30 to
90 days in most cases to perform the processing required by 36 CFR Part
800.

**Documentation:** The recipient should select either **A, B, or C** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient proposes to use IHBG assistance for the
rehabilitation, conversion, or construction of the property and provides
HUD with a THPO\'s (or SHPO\'s) finding that the proposed
rehabilitation, conversion, or construction: (i) will have no effect on
historic properties; or (ii) will have an effect on historic properties
not considered adverse.

**B.** The recipient proposes to use IHBG assistance for rehabilitation,
conversion, or construction of the property and provides HUD with a
THPO\'s (or SHPO\'s) finding that the proposed rehabilitation,
conversion, or construction will have an adverse effect on historic
properties.

**C.** The recipient provides HUD with a copy of a letter from a THPO
(or SHPO) stating the reasons for not being able to provide the
recipient with the requested information or finding.

**Question #7: Is the property located near hazardous industrial
operations handling fuels or chemicals of an explosive or flammable
nature?**

**Threshold:** Properties that are located near hazardous industrial
operations handling fuels or chemicals of an explosive or flammable
nature are subject to HUD safety standards (reference 24 CFR Part 51,
Subpart C). However, under the IHBG program these standards would apply
only if a recipient proposes: (a) construction of a building; (b)
conversion of a non-residential land use to a residential land use
including making an uninhabitable building habitable; (c) rehabilitation
that increases the density of a residential structure by increasing the
number of dwelling or rooming units; or (d) the acquisition of
undeveloped land. In the case of tanks containing common liquid fuels,
the requirement for an acceptable separation distance (ASD) calculation
only applies to storage tanks that have a capacity of more than 100
gallons.

**Documentation:** Recipients are to select one of the following options
**A, B, or C** that best describes the condition of the project, and
report the option selected in Appendix A or equivalent.

**A.** The proposed project does not include: (i) the construction of a
building; (ii) conversion of a non-residential land use to a residential
land use including making an uninhabitable building habitable; (iii)
rehabilitation that increases the density of a residential structure by
increasing the number of dwelling or rooming units; or (iv) the
acquisition of undeveloped land.

**B.** The proposed project includes: (i) construction of a building;
(ii) conversion of a non-residential land use to a residential land use
including making an uninhabitable building habitable; (iii)
rehabilitation that increases the density of a residential structure by
increasing the number of dwelling or rooming units; or, (iv) the
acquisition of undeveloped land. The recipient provides HUD with a
finding by a qualified data source that the property proposed for IHBG
assistance is not located within the immediate vicinity of hazardous
industrial operations handling fuels or chemicals of an explosive nature
by citing data and maps used.

**C.** The recipient proposes: (i) construction of a building; (ii)
conversion of a non-residential land use to a residential land use
including making an uninhabitable building habitable; (iii)
rehabilitation that increases the density of a residential structure by
increasing the number of dwelling or rooming units; or (iv) the
acquisition of undeveloped land. The recipient provides HUD with a
finding made by a qualified data source which states that: (i) the
proposed property is located within the immediate vicinity of hazardous
industrial operations handling fuels or chemicals of an explosive or
flammable nature; (ii) the type of and scale of such hazardous
industrial operations; (iii) the distance of such operations from the
proposed property; (iv) a preliminary calculation of the **acceptable
separation distance** (ASD) between such operations and the proposed
property; and, (v) a recommendation as to whether it is safe to use the
property in accord with 24 CFR Part 51, Subpart C.

**Question #8: Is the site noise-impacted?**

**Threshold:** For new construction which is to occur in high noise
areas, recipients shall incorporate noise attenuation features to the
extent required by HUD environmental criteria and standards contained in
Subpart B (Noise Abatement and Control) of 24 CFR Part 51. Since the
acquisition of undeveloped land with IHBG funds is eligible only if the
land will be used for the development of IHBG assisted housing, the
standards that apply to new construction also apply to land acquisition.

**Definition:** High noise areas are those in which the day-night
average of exterior noise exceeds 65 decibels.

Approvals in a normally unacceptable noise zone (exceeding 65 decibels
but not exceeding 75 decibels) require a minimum of 5 decibels of
additional noise attenuation for buildings having noise sensitive (e.g.
residences) uses if the day-night average is greater than 65 decibels
but does not exceed 70 decibels, or minimum of 10 decibels of additional
noise attenuation if the day-night average is greater than 70 decibels
but does not exceed 75 decibels.

In unacceptable noise zones (exceeding 75 decibels) the use of IHBG
assistance is prohibited without the specific approval by the HUD
Assistant Secretary for Community Planning and Development of the noise
attenuation measures proposed to be used. It is also possible in such a
circumstance that an environmental impact statement would have to be
prepared.

For major rehabilitation projects and conversions located in the
normally unacceptable and unacceptable noise zones, HUD actively seeks
to have noise attenuation features incorporated as part of the
rehabilitation to be undertaken. For those properties in unacceptable
noise zones HUD strongly encourages the conversion of such properties to
land uses more compatible with the high noise levels.

**Documentation:** Recipients are to select **A** or **B** for the
condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding made by a qualified
data source stating that the property proposed for new construction,
major rehabilitation, or conversion in its IHBG program is not located
within: (i) 1,000 feet of a major noise source, road, or highway; (ii)
3,000 ft of a railroad; or, (iii) 1 mile of a civil or 5 miles of a
military airfield.

**B.** The recipient provides HUD with a finding made by a qualified
data source stating whether the property is located within a normally
unacceptable or unacceptable noise zone; and, if so: (i) stating that
the plans for the property proposed by the recipient for new
construction, major rehabilitation or conversion activity in its IHBG
program incorporate noise attenuation features in accord with HUD
environmental criteria and standards contained in Subpart B (Noise
Abatement and Control); and (ii) providing HUD the plans and a statement
of the anticipated interior noise levels.

**Question #9: Is the project consistent with the State\'s coastal zone
management?**

**Threshold:** The Coastal Zone Management (CZM) Act of 1972 (16 U.S.C.
1451 et seq.) only applies to new construction, major rehabilitation,
conversion and substantial improvement activities, and the acquisition
of undeveloped land. Projects which can affect the coastal zone must be
carried out in a manner consistent with the approved State coastal zone
management program under Sec. 307 of the Coastal Zone Management Act of
1972, as amended.

**Documentation:** Recipients are to select either **A, B, or C** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient states that its program operates in a community
that does not contain coastal areas of the Atlantic or Pacific Oceans,
the Great lakes or the Gulf of Mexico.

**B.** The recipient provides HUD with a finding made by a qualified
source that even though the recipient operates in a community which
contains coastal areas of the Atlantic or Pacific Oceans, the Great
Lakes or the Gulf of Mexico, the IHBG assisted property is not located
in a coastal zone, as defined in the relevant State\'s Coastal Zone
Management Plan.

**C.** The proposed assisted activity would be located within a coastal
zone and the recipient has provided HUD with a finding made by the State
CZM agency that the proposed assisted activity is consistent with the
approved State CZM program.

**Question #10: Does the project affect a sole source aquifer?**

**Threshold:** The sole source aquifer (SSA) authority only applies to
proposed IHBG assisted new construction and conversion activities and
the acquisition of undeveloped land. Projects which can affect aquifers
designated by the EPA must be reviewed for impact on such designated
aquifer sources. The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300
et seq., and 21 U.S.C. 349) requires protection of drinking water
systems which are the sole or principal drinking water source for an
area and which, if contaminated, would create a significant hazard to
public health. For information see the homepage of the EPA Office of
Ground Water and Drinking Water at
(http://www.epa.gov/OGWDW//ssanp.html).

**Documentation:** Recipients are to select either **A** or **B** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding made by a qualified
data source stating that the property proposed for IHBG assistance is
not located on nor does not affect a sole source aquifer designated by
EPA.

**B.** For the recipient whose proposed assisted project is located on
or would affect a sole source aquifer designated by the EPA, the
recipient has identified the aquifer and has provided HUD with an
explanation of the effect on the aquifer from a qualified data source,
and/or a copy of any comments on the proposed project that the recipient
has received from the EPA as well as from any State or local agency with
jurisdiction for protecting the drinking water system.

**Question #11:** **Will the project** **affect an endangered species?**

**Threshold:** The Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) applies only to proposed IHBG assisted new construction,
conversion activities and the acquisition of undeveloped land. Section 7
of the Act sets out procedures for consultation. Consultation will be
required with the Department of Interior (Fish and Wildlife Service)
**or** the Department of Commerce (National Marine Fisheries Service)
depending on the species involved. Consultation is required if an
activity may affect a listed (endangered or threatened) species or a
critical habitat. A conference is required if an action is likely to
jeopardize the continued existence of a proposed species or result in
the destruction or adverse modification of a critical habitat proposed
to be designated for such species.

**Documentation:** Recipients are to select either **A** or **B** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** For proposed new construction, conversion, or the acquisition of
undeveloped land, the recipient has provided HUD with a finding made by
a qualified data source that the project is not likely to affect any
listed or proposed endangered or threatened species or critical habitat.
The finding shall indicate whether the project is located within a
critical habitat, and if so, explain why the project is not likely to
affect the species or habitat.

**B.** For proposed new construction, conversion, or the acquisition of
undeveloped land which is likely to affect listed or proposed endangered
or threatened species or a critical habitat, the recipient has provided
HUD with a biological assessment prepared by a qualified data source
explaining the likely effect, and/or a finding made by the Fish and
Wildlife Service of the Department of the Interior **or** the National
Marine Fisheries Service of the Department of Commerce stating as
acceptable the proposed mitigation that the recipient will provide to
protect any affected, endangered or threatened species or critical
habitat.

**Question #12: Does the project affect listed wild and scenic rivers?**

**Threshold:** IHBG assisted activities are subject to the requirements
of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). New
construction, conversion, major or substantial rehabilitation, and the
acquisition of undeveloped land which is proposed in areas within one
mile of a listed Wild and Scenic River have the potential for impacting
this natural resource.

For information, see the homepage of National Park Service at
\[http://www.nps.gov/rivers/\].

**Documentation:** The recipient should select **A** or **B** for the
condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provided HUD with a finding made by a qualified
data source which states that the project is not located within one mile
of a listed Wild and Scenic River or the project will not have an effect
upon the natural, free flowing or scenic qualities of such a river.

**B.** The project is located within one mile of a listed Wild and
Scenic River and the National Park Service (NPS) of the Department of
the Interior indicates that the project, as proposed, will have an
effect upon the natural, free flowing or scenic qualities of the river.

**Question #13: Does the project affect prime and unique farmland, or
other farmland of statewide or local significance?**

**Threshold:** A finding of compliance with the requirements of the
Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) must be
made for assisted new construction activities and the acquisition of
undeveloped land.

**Documentation:** Recipients are to select either **A** or **B** for
the condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding from a qualified data
source which states that the proposed project site does not include
prime or unique farmland, or other farmland of statewide or local
significance as identified by the Natural Resources and Conservation
Service (NRCS) of the Department of Agriculture, [or]{.underline} the
project site includes prime farmland but is located in an area committed
to urban uses.

**B.** The proposed project site includes farmland and the recipient has
requested an evaluation of land type from NRCS using form AD 1006 and
has provided the resultant rating to HUD.

**Question #14: Is the project within a \"non-attainment\" or
\"maintenance\" area and not in conformance with the State
Implementation Plan (SIP) for clean air?**

**Threshold:** IHBG assisted activities are subject to the requirements
of the Clean Air Act (42 U.S.C. 7401 et seq.). New construction,
conversion, major or substantial rehabilitation, and the acquisition of
undeveloped land which are located in \"non-attainment\" or
\"maintenance\" areas as determined by the EPA may need to be modified
or mitigation measures developed and implemented.

**Documentation:** Recipients should select **A** or **B** for the
condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient has provided HUD with a finding made by a qualified
data source which states that the project is located in an \"attainment
area\" or if located in a \"non-attainment area\" the project conforms
with the EPA approved State Implementation Plan (SIP).

**B.** The proposed project is located in a \"non-attainment\" area and
is not in conformance with the SIP.

**Question #15: Is the project located in a neighborhood where the
proposed action is likely to raise environmental justice issues?**

**Threshold:** Executive Order 12898 (\"Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations\") applies to low-income or minority neighborhoods where the
recipient proposes the acquisition of housing, the acquisition of land
for development, and new construction. Environmental justice issues may
include, but are not limited to new, continued or historically
disproportionate potential for high and adverse human health and
environmental effects on minority or low-income populations. The
recipient will need to determine if the site or neighborhood suffers
from disproportionate adverse health and environmental effects relative
to the community at large. EPA has Federal oversight for this matter.
Recipients seeking more detailed information about the Executive Order
are encouraged to see the EPA EJ homepage at
\[http://es.epa.gov/oeca/oejbut.htm\].

**Documentation:** The recipient should select **A** or **B** for the
condition that best describes their project and report the option
selected in Appendix A or equivalent.

**A.** The recipient provides HUD with a finding that the project is not
likely to raise environmental justice issues.

**B.** The project is likely to raise environmental justice issues and
has the potential for new or continued disproportionately high and
adverse human health and environmental effects on minority or low-income
populations. The recipient must consider mitigation or avoidance of
adverse impacts from the project to the extent practicable.

**Question #16: Does the recipient propose: (i) acquisition of land for
development of more than four housing units on a site**
**[or]{.underline} five or more units of housing, where the housing
sites are 2,000 feet or less apart; (ii) infrastructure; (iii) new
construction other than for residential activities excluded under
§50.20(a)(3); (iv) major rehabilitation of existing structures in
accordance with §50.20(a)(2) that involves any of the following
conditions: (a) in the case of residential buildings, an increase in the
unit density of more than 20 percent; (b) changes in land use (from
non-residential to residential [or]{.underline} from residential to
non-residential); or (c) estimated cost of rehabilitation that is 75
percent or more of the total estimated cost of replacement after
rehabilitation; or (v) any other activity not categorically excluded
under §50.20(a)?**

**Threshold:** For the above activities, an environmental assessment is
required for compliance with NEPA and the implementing regulations of
the Council on Environmental Quality (CEQ). It is the policy of the
Department to reject proposals which have significant adverse
environmental impacts and to encourage the modification of projects in
order to enhance environmental quality.

**Documentation:** If the answer to question #16 is \"Yes,\" recipients
are to provide information on any adverse environmental impacts that
affect the project or that the project would create. Recipients are to
identify any adverse impacts in terms of: (i) impact on unique natural
features or areas; (ii) site suitability, access, and compatibility with
surrounding development; (iii) soil stability, erosion, and drainage;
(iv) nuisances and hazards (natural and built); (v) availability of
water supply and sanitary sewers; (vi) availability of solid waste
disposal; (vii) availability of schools, parks, recreation, and social
services; (viii) availability of

emergency health care, fire and police services; and (ix) availability
of commercial/retail and public transportation serving such proposed
development. Recipients are to identify any significant impacts to the
human environment. Report data and findings in Appendix A.

/s/ Harold Lucas

Assistant Secretary

for Public and Indian Housing

**Appendix A**

**24 CFR PART 50 ENVIRONMENTAL REVIEWS PURSUANT TO SECTION 1000.20**

**THRESHOLD REVIEW FOR PROPOSED ACTIVITIES**

**INDIAN HOUSING BLOCK GRANT (IHBG) PROGRAM**

IHBG Recipient\'s
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IHBG Program
Number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Preparer\'s
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone
Number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FAX
Number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

E-mail
Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

A. Describe the project. Indicate the number of housing units to be
assisted, and/or acreage to be developed. Include street address, if
applicable:

B. Attach a map of the community and identify the location of the
proposed project. Attach photographs of the property and adjacent
properties. Check:

\(1\) Map of community is attached: Yes\_\_\_\_\_ No\_\_\_\_\_

\(2\) Photographs of the property and adjacent properties are attached:
Yes\_\_\_\_\_ No\_\_\_\_\_

C. Indicate the present and proposed use of the property:

\(1\) Present
use:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(2\) Proposed
use:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

D. Which of the following activities are being proposed? Check one or
more. For guidance, see paragraph IV, C of the Notice.

\(1\) Lease or rental assistance involving existing
structures\_\_\_\_\_\_\_\_\_\_

\(2\) Acquisition of existing structures\_\_\_\_\_\_\_\_\_\_

\(3\) Minor rehabilitation^1^ or repair of existing
structures\_\_\_\_\_\_\_\_\_\_

[^2] Minor rehabilitation means proposed fixing and building repair: (i)
where the estimated cost of the work is less than 75 percent of the
total estimated cost of replacement after completion; (ii) that does not
involve changes in land use from residential to nonresidential, or from
nonresidential to residential; and (iii) that does not increase unit
density by more than 20 percent.

\(4\) Major rehabilitation or improvement of existing
structures\_\_\_\_\_\_\_\_\_\_

\(5\) New construction (including demolition), conversion, or
infrastructure improvements including the development of utilities and
services\_\_\_\_\_\_\_\_\_\_

\(6\) Acquisition of undeveloped land for future
development\_\_\_\_\_\_\_\_\_\_

E. Report the repair/rehabilitation costs and related property values,
only if repair or rehabilitation of existing structures is proposed:

\(1\) Property value before repair/rehab \$\_\_\_\_\_\_\_\_\_\_\_\_\_

\(2\) Repair/rehab costs (est.) \$\_\_\_\_\_\_\_\_\_\_\_\_\_

\(3\) Property Value after repair/rehab \$\_\_\_\_\_\_\_\_\_\_\_\_\_

F. Are there any physical or environmental conditions that are or may
indicate a significant impact on the human environment? Indicate:
No\_\_\_\_\_, Uncertain\_\_\_\_\_, or Yes\_\_\_\_\_.

G. Respond to these questions. For guidance, see section C in IV of the
Notice:

\(1\) For leasing or rental assistance involving of existing structures:

Complete questions #1 through 3 only.

\(2\) For acquisition of existing structures:

Complete questions #1 through 5 only.

\(3\) For minor rehabilitation and repair of existing structures:

Complete questions #1 through 6 only.

\(4\) Individual actions: For new construction or acquisition of land
for development of up to four housing units **[or]{.underline}** for
five or more units of housing on scattered sites where the housing sites
are more than 2,000 feet apart and there are not more than four units on
any one site: Complete questions #1 through 15 only.

\(5\) Other actions: Compete questions #1 through 16 for other new
construction (including demolition), acquisition of undeveloped land,
conversion from one land use to another, infrastructure improvements, or
major rehabilitation and improvement (unless otherwise noted) of
existing buildings.

**Questions:**

#1 Is the property located within designated coastal barrier resources?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#2 Is the property contaminated by toxic chemicals or radioactive
materials?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#3 Is the property located within a flood hazard area or designated
wetland?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#4 Is the property in a location requiring flood insurance protection?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Estimated coverage amount of flood insurance
\$\_\_\_\_\_\_\_\_\_\_\_\_\_

Indicate coverage period:

Year in which flood insurance policy is to start:\_\_\_\_\_\_\_\_

Year in which flood insurance policy is to stop:\_\_\_\_\_\_\_\_\_

#5 Is the property located within an airport runway clear zone at a
civil airport or within a clear zone or accident potential zone at a
military airfield?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#6 Is the property listed on, or eligible for listing on, the National
Register of Historic Places; located within, or adjacent to, a historic
district; or is a property whose area of potential effect includes a
historic district or property?

Indicate: A\_\_\_\_\_, B\_\_\_\_\_, or C\_\_\_\_\_

Documentation:

#7 Is the property located near hazardous industrial operations handling
fuels or chemicals of an explosive or flammable nature? Indicate:
A\_\_\_\_\_, B\_\_\_\_\_, or C\_\_\_\_\_

Documentation:

#8 Is the site noise-impacted?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#9 Is the project consistent with the State\'s coastal zone management?

Indicate: A\_\_\_\_\_, B\_\_\_\_\_, or C\_\_\_\_\_

Documentation:

#10 Does the project affect a sole source aquifer?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#11 Does the project affect an endangered species?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#12 Does the project affect listed wild and scenic rivers?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#13 Does the project affect prime and unique farmland, or other farmland
of statewide or local significance?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#14 Is the project within a \"non-attainment\" area and not in
conformance with the State Implementation Plan for clean air? Indicate:
A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#15 Is the project located in a neighborhood which suffers from adverse
human health or environmental conditions?

Indicate: A\_\_\_\_\_ or B\_\_\_\_\_

Documentation:

#16: Does the recipient propose: (i) acquisition of land for development
of more than four housing units on any one site **[or]{.underline}**
five or more units of housing, where the housing sites are 2,000 feet or
less apart; (ii) infrastructure; (iii) new construction other than for
residential activities excluded under §50.20(a)(3); (iv) major
rehabilitation of existing structures in accordance with §50.20(a)(2)
that involves any of the following conditions: (a) in the case of
residential buildings, an increase in the unit density of more than 20
percent; (b) changes in land use (from non-residential to residential or
from residential to non-residential); or (c) estimated cost of
rehabilitation that is 75 percent or more of the total estimated cost of
replacement after rehabilitation; or (v) any other activity not
categorically excluded under §50.20(a)?

Indicate: Yes\_\_\_\_\_ or No\_\_\_\_\_. If the answer is \"yes,\"
indicate which of the above activities (i), (ii), (iii), (iv) and/or (v)
is proposed.

Documentation: For compliance with the National Environmental Policy
Act, report data needed for HUD\'s preparation of the environmental
assessment. Submit data on separate sheets. Indicate any potential
impacts of the proposed project on the surrounding area as well as the
potential impact of the surrounding area on the proposed project.
Identify any adverse and beneficial impacts in terms of:

\(1\) Unique natural features and areas

\(2\) Site suitability, access, and compatibility with surrounding
development

\(3\) Soil stability, erosion, and drainage

\(4\) Hazards and nuisances (both natural and built)

\(5\) Water supply/sanitary sewers

\(6\) Solid waste disposal

\(7\) Schools, parks, recreation, and social services

\(8\) Emergency health care, fire and police services

\(9\) Commercial/retail and transportation

\(10\) Other: (i) project\'s conformance with the locality\'s or tribal
community\'s comprehensive plans and zoning; (ii) proposed displacement
of residents or structures by the project; and (iii) energy conservation
measures proposed for the project.

**Appendix B**

**HUD Area ONAP Administrator and staff responsibilities**

The Area ONAP Administrator shall serve as the \"HUD approving
official\" as defined in §50.2 for the IHBG program within the HUD field
office jurisdiction. The ONAP Administrator and staff shall:

\(1\) provide adequate outreach to the IHBG recipient and communicate
with the recipient to explain the environmental review responsibilities
and how the recipient may obtain the environmental information that is
to be supplied to HUD;

\(2\) make certain that the environmental assurance is submitted with
the Indian Housing Plan (IHP) accepted for processing;

\(3\) assure that the grant agreement contains or, as appropriate, has
attached to it the following items:

\(a\) the environmental procedures with explicit warning that IHBG
recipients are not to acquire, rehabilitate, convert, lease, repair or
construct property, nor commit HUD or nonfederal funds to these IHBG
program activities with respect to any eligible property, until HUD
environmental approval of the property is received from the Area ONAP
Administrator;

\(b\) an appendix containing a copy of this Notice;

\(c\) the name, address, phone and FAX numbers of the Area ONAP
Administrator to whom recipients must supply the environmental
information and from whom recipients obtain environmental approval of
the project; and

\(d\) a schedule requirement for the recipient\'s submission of
environmental information to the Area ONAP Administrator as set forth in
this Notice;

\(4\) use any information (in accordance with §50.32) supplied by the
recipient or its contractor, **provided** HUD independently evaluates
the information, so that HUD will be responsible for its accuracy, and
supplements the information (if necessary) to conform to the
requirements of Part 50 and prepares the environmental finding;

\(5\) establish as necessary (in accordance with §50.22) commitments for
environmental management and monitoring of the implementation of
mitigation and other safeguards;

\(6\) complete the environmental review in accordance with Part 50 and
upon satisfactory completion, document the Department\'s compliance on
the \"Sample Field Notes Checklist for HUD Form-4128\" (April 10, 1997)
and complete HUD form-4128\--Environmental Assessment and Compliance
Findings for the Related Laws; attach to form-4128 the information
provided by the recipient or other sources used for completing the
environmental analysis and findings; and obtain the signature of the
ONAP Administrator as the HUD Approving Official. These documents serve
as the environmental review record, which the Area ONAP must maintain
and make available upon request.

On HUD form-4128, complete both [Part A]{.underline} (Compliance
Findings for §50.4 Related Laws) **and** [Part B]{.underline}
(Environmental/Program Factors) for HUD approval of all actions except
those categorically excluded from the NEPA assessment. For example,
Parts A and B must be filled out for: (i) acquisition of land for
developments of more than four housing units on any one site
**[or]{.underline}** five or more units of housing, where the housing
sites are 2,000 feet or less apart; (ii) infrastructure including
development of utilities and services; (iii) new construction other than
for residential activities excluded under §50.20(a)(3); (iv) major
rehabilitation of existing structures in accordance with §50.20(a)(2)
that involves any of the following conditions: (a) in the case of
residential buildings, an increase in the unit density of more than 20
percent; (b) changes in land use (from non-residential to residential or
from residential to non-residential); or (c) estimated cost of
rehabilitation that is 75 percent or more of the total estimated cost of
replacement after rehabilitation; or (v) any other activity not
categorically excluded under §50.20(a). Refer to section C(4)(b) in IV
of the Notice. Guidance is also provided in the

\"Sample Field Notes Checklist for HUD Form-4128\--Environmental
Assessment and Compliance Findings for the Related Laws.\"

\(7\) Complete only [Part A]{.underline} (Compliance Findings for §50.4
Related Laws) for HUD approval of the categorically excluded activities
**(a)** through **(d)** listed below. However, any categorical exclusion
having the potential for significant impact because of extraordinary
circumstances under §50.20(b) also requires completion of both Part A
(Compliance Findings for §50.4 Related Laws) **and** Part B
(Environmental/Program Factors).

\(a\) **Individual actions under §50.20(a)(3):** Individual actions
cover new construction or acquisition of land for development of up to
four housing units **[or]{.underline}** for five or more units of
housing on scattered sites where the housing sites are more than 2,000
feet apart and there are not more than four units on any one site. Refer
to section C(4)(a) in IV of the Notice.

\(b\) minor rehabilitation of existing structures (§50.20(a)(2)) when
the following conditions are met: (i) in the case of residential
buildings, the unit density is not changed more than 20 percent; (ii)
the project does not involves changes in land use (from non-residential
to residential or from residential to non-residential); and (iii) the
estimated cost of rehabilitation is less than 75 percent of the total
estimated cost of replacement after rehabilitation; or

\(c\) acquisition or disposition of an existing structure.

\(8\) prepare the written approval letter or other typed letter, if
approval is not warranted (see form letters in **Appendix C**) for the
ONAP Administrator\'s signature and dispatch the written notification to
the recipient.

**Appendix C**

**REPLY TO RECIPIENT REGARDING HUD ENVIRONMENTAL APPROVAL**

\[Type on HUD Area ONAP stationery\]

Dear recipient:

We have reviewed the information that you supplied to us in your letter
of (month, day, year) requesting environmental processing under the
Indian Housing Block Grant (IHBG) Program for tribes not assuming
environmental responsibilities under 24 CFR Part 58.

\[Type the appropriate option\]

**\[Option 1: HUD approval\]**

The following property (or neighborhood area) listed in your submission
does not exceed any of the thresholds that activate the Federal
environmental laws and authorities. Therefore HUD approves the use of
this property (or neighborhood area) in your local IHBG program. [You
may proceed to commit or expend IHBG grant funds and non-HUD funds to
undertake property acquisition, rehabilitation, conversion, leasing,
repair or construction for this property (or properties within this
neighborhood area)]{.underline}.

**\[Option 2: HUD environmental approval with special conditions\]**

The following property (or neighborhood area) listed in your submission
exceeds one or more of the thresholds that activate the Federal
environmental laws and authorities, and it was necessary for us to
perform a compliance review. We approve the use of this property (or
neighborhood area) in your local IHBG program. [You may proceed to
commit or expend IHBG grant funds and non-HUD funds to undertake
property acquisition, rehabilitation, conversion, leasing, repair or
construction for this property (or properties within this neighborhood
area) under the following specified conditions: (explain the specified
conditions)]{.underline}.

**\[Option 3: HUD request for additional information to perform either
the threshold** **determination or the compliance review, or both\]**

The following property (or neighborhood area) appears to exceed one or
more of the thresholds that activate the Federal environmental laws and
authorities. Therefore, (we request that you provide the following
necessary information so that we may perform the threshold
determination) or (a compliance review is required and significantly
more time will be needed for us to complete this review). [You are
prohibited from committing or expending IHBG funds and non-HUD funds to
undertake property acquisition, rehabilitation, conversion, leasing,
repair or construction with respect to any eligible property (or
neighborhood area), until HUD approval is received for the specific
property (or neighborhood area)]{.underline}. If you wish to remove this
property (or neighborhood area) from further consideration, please call
us as soon as possible. For this property (or neighborhood area), the
following action is required (explain action required).

**\[Option 4: HUD disapproval\]**

The following property (or neighborhood area) exceeds one or more of the
thresholds that activate the Federal environmental laws and authorities,
and for the following reasons HUD disapproves the use of this property
(or neighborhood area) in your local IHBG program. [You are prohibited
from committing or expending IHBG funds to undertake property
acquisition, rehabilitation, conversion, leasing, repair or construction
with respect to this property (or neighborhood area)]{.underline}. For
this property (or neighborhood area), the specific reasons for this
disapproval are the following: (explain reasons).

For further information regarding this review, please contact \[type the
name of ONAP staff person processing the request, his/her phone number
and extension, office hours, FAX number, and e-mail address\].

Yours truly,

Administrator

Office of Native American Programs

cc:

File: Environmental Review Record

Area IHBG Grants Administration

Beneficiary Tribe (if different than recipient)

**Appendix D**

**NOTICE TO PROSPECTIVE BUYERS OF PROPERTIES LOCATED**

**IN RUNWAY CLEAR ZONES AND CLEAR ZONES**

\[In accordance with 24 CFR 51.303(a)(3), this Notice must be given to
anyone interested in using HUD assistance, subsidy or insurance to buy
an existing property which is located in either a runway Clear Zone[^3]
at a civil airport or a Clear Zone at a military installation. HUD staff
should fill out the area shown in parentheses below. **The original
signed copy of the Notice to Prospective Buyers must be maintained as
part of the HUD project file on this action.**\]

The property which you are interested in purchasing at (street address,
city, state, zip code) is located in the Runway Clear Zone/Clear Zone
for (provide the name of the airport/airfield, city, state).

Studies have shown that if an aircraft accident were to occur, it is
more likely to occur within the Runway Clear Zone/Clear Zone than in
other areas around the airport /airfield. Please note that we are not
discussing the chances that an accident will occur, only where one is
most likely to occur.

You should also be aware that the airport/airfield operator may wish to
purchase the property at some point in the future as part of a clear
zone acquisition program. Such programs have been underway for many
years at airports and airfield across the country. We cannot predict if
or when this might happen since it is a function of many factors,
particularly the availability of funds but it is a possibility.

We want to bring this information to your attention. Your signature on
the space below indicates that you are now aware that the property you
are interested in purchasing is located in a Runway Clear Zone/Clear
Zone.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Signature of prospective buyer Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Typed or printed name of prospective buyer

[^1]: ^1^

    ^1^ Minor rehabilitation means proposed fixing and building repair:
    (i) where the estimated cost of the work is less than 75 percent of
    the property value after completion; (ii) that does not involve
    changes in land use from residential to nonresidential, or from
    nonresidential to residential; and (iii) that does not increase unit
    density by more than 20 percent.

[^2]: ^1^

[^3]: ^1^

    ^1^ Also referred to as runway protection zone.