Principles for Compliance and Review Process: Environmental Laws and
Authorities Cited in

24 CFR 58.5

> A HUD ONAP Guidance Document

November 2000

> [Table of Contents]{.underline}
>
> PAGE

Purpose 3

Format of Guide 3

Historic Properties 3

Floodplain Management 9

Wetlands Protection 12

Coastal Zone 13

Sole Source Aquifers 14

Endangered Species 15

Wild and Scenic Rivers 17

Air Quality 18

Farmlands Protection 19

Noise Abatement and Control 21

Explosive or Flammable Operations 23

Toxic Chemical and Radioactive Materials 25

Airport and Runway Clear Zones and Accident Potential Zones 27

Environmental Justice 28

Appendix 30

Purpose

This guide provides a detailed overview of the principles for compliance
and the review process for those environmental laws and authorities
listed in 24 CFR 58.5 Related Federal laws and authorities. Many other
reference documents are available that provide more detailed guidance
for each of the specific laws and authorities; please refer to the lists
of [Sources and]{.underline} [Reference Documents]{.underline}. The
responsible entity (RE) must address these laws and authorities for
projects it has determined are categorical exclusions subject to
Sec.58.5, or those which require preparation of an environmental
assessment or an environmental impact statement.

Please contract your Area ONAP for copies of recommended or suggested
formats to use for your review or assessment.

Format of This Guide - Discussion of Laws and Authorities

The discussion of the laws and authorities follows the order of
presentation in 24 CFR 58.5 and includes standards and legal
requirements, assessment questions, a compliance overview, and sources
and references for each law or authority. A discussion of the types and
standards for resources used to demonstrate compliance is provided in
the Appendix.

**Status A** applies when compliance with the authority is achieved
without adverse effects on the protected resource, without necessary
mitigation or attenuation AND when no formal consultation, permit or
agreement is required to establish compliance.

**Status B** applies when project compliance with the authority requires
formal consultation, a permit or agreement, OR when the proposal may
have an adverse effect on the protected resources.

Historic Properties

Standards and Legal Requirements: Section 106 of the National Historic
Preservation Act of 1966, as amended (1992); Executive Order 11593,
Protection and Enhancement of the Cultural Environment, 1971 as amended;
Advisory Council on Historic Preservation, Protection of Historic
Properties; Recommended Approach for Consultation on Recovery of
Significant Information From Archeological Sites, 36 CFR Part 800.

Status A - The project involves [only]{.underline} acquistion and/or
minor interior rehabilitation of a 1-4 unit residential structure that
is less than 50 years old, with no visable changes to the exterior and
no potential to cause effects on historic properties per 36 CFR
800.3(a)(1)OR the RE and SHPO (or THPO, if applicable) agree that there
are No Historic Properties Affected per 36 CFR 800.4.

Status B - The proposal has an effect on historic properties. Consult
with SHPO et al., per §800.5 et seq., to resolve or mitigate adverse
effects

Assessment Questions

1.  Does the project involve physical changes or could it cause changes
    in the character or use of historic properties in the area (e.g.,
    demolition, construction, rehabilitation, excavation, filling,
    property disposition, relocation of structures, etc.)?

2.  Does the project area and environs contain any properties listed on
    or eligible for the National Register of Historic Places? Is there
    an inventory of historic properties (buildings, structures,
    archeology sites) that is maintained by the Tribe or the State?

3.  Is there a local historic commission that can provide historic
    information? What information on the project area does the State
    Historic Preservation Officer (SHPO) or Tribal Historic Preservation
    Officer (THPO) have and has a survey of local historic properties
    been conducted?

4.  Are other properties present within the boundaries or in the
    vicinity of the project that appear to be historic and thus require
    consultation with the SHPO/THPO as to their eligibility for listing
    on the National Register?

5.  Has the Advisory Council on Historic Properties been given an
    opportunity to comment on any adverse effects the project will have
    on properties listed on or eligible for National Register listing?

6.  Has the Tribe (RE) received written confirmation from the SHPO/THPO
    that the consultation process is completed? If a Memorandum of
    Agreement or Programmatic Agreement is required, have the SHPO/THPO
    and Advisory Council signed the agreement?

Compliance Overview

> Section 106 of the National Historic Preservation Act requires Federal
> agencies to: (1) consider the effects of their undertakings on
> historic properties and (2) provide the Advisory Council on Historic
> Preservation with a reasonable opportunity to comment with regard to
> such undertakings. Compliance with Section 106 is achieved by
> initiating procedures the Advisory Council on Historic Preservation
> has outlined in 36 CFR Part 800. Section 800.2(a) recognizes the
> tribal certifying officer as having authority to carry out these
> procedural responsibilities.
>
> The focus of Part 800 is on the RE making a determination whether a
> proposed project will affect buildings, structures, or places that are
> listed on or are eligible for listing on the *National Register of
> Historic Places* (NR), To make this determination, the RE must follow
> a detailed review process in consultation with the State Historic
> Preservation Officer (SHPO) or Tribal Historic Preservation Officer
> (THPO). This process also provides an opportunity for interested
> persons and agencies to be part of the RE's decision concerning
> historic properties that may be affected. The current listing of
> SHPO's and THPO's is found at the Advisory Council's website at
> **www.achp.gov**.
>
> It is important to remember that before approval is given to proceed
> with HUD funded projects, the environmental review must show that the
> Part 800 consultation process was completed.
>
> Basic Steps of the Section 106 Review Process (36 CFR 800)
>
> a\. [Determine whether the project is an *undertaking*, or has *no
> potential to cause effects* on historic properties.]{.underline}
>
> The definition of an "undertaking" is comprehensive in scope. It is:
>
> "*a project, activity, or program funded in whole or in part under the
> direct or indirect jurisdiction of a Federal agency, including those
> carried out by or on behalf of a Federal agency; those carried out
> with Federal financial assistance; those requiring a Federal permit,
> license or approval; and those subject to state or location regulation
> administered pursuant to a delegation or approval by a Federal agency
> \[sec. 800.16(y)\].*
>
> There will be few situations when the RE may determine a project is
> not an undertaking or has no potential to cause effects. The RE must
> look at the nature of the undertaking when judging whether it has the
> potential to affect historic properties. Causing physical change is an
> undertaking (e.g., demolition, construction, reconstruction,
> rehabilitation, relocating a structure, excavation, dredging and
> filling, façade improvements, graffiti removal, etc.). Also, any
> project that has potential to cause changes in the character or use of
> historic properties is also an undertaking (e.g., property
> disposition, leasing, installation of equipment, etc.).
>
> There may be situations where the RE makes a determination the project
> is *not an undertaking* or has *no potential to cause effects*. One
> possibility is acquiring property with no future plans of making
> physical changes, or disposing of the property once purchased. The RE
> must document these findings in the ERR before determining that no
> further compliance is required.
>
> If the project is determined to be an *undertaking*, the RE must
> continue the consultation process, or refer to the Programmatic
> Agreement if one has been executed with the SHPO/THPO. Consultation
> with the SHPO/THPO is documented in writing. The SHPO/THPO has 30 days
> from the date its receives written correspondence to provide its
> comments. However, section 800.3(g) allows the RE to address multiple
> steps in the consultation process in order to expedite the
> consultation process, provided the SHPO/THPO agrees and the public
> have an adequate opportunity to express their views.
>
> b\. [Define the *area of potential effect* (APE) for the
> undertaking]{.underline}
>
> This is the first step in the consultation process, which comes
> [before]{.underline} any consideration is given to project effects.
> The APE is a geographic area identified by the RE (using photographs,
> maps or drawings) in consultation with SHPO/THPO. The size of the APE
> is typically influenced by the mass, scale, and nature of the proposed
> project. RE's should ask, could the project cause a direct or indirect
> change in the character or use of historic properties the may be
> present in the area? For example, a four story apartment building has
> potential to effect the adjacent single family houses because it is
> significantly larger in size and is also likely to cast shadows on
> adjacent units. In addition, if modern building materials are used
> (such as concrete), they would be visually incompatible with adjacent
> adobe homes.
>
> [Suggested Approaches for Defining the APE by project
> type]{.underline}:
>
> Housing rehabilitation- The property boundary is also the APE
> boundary.
>
> New construction (building height will be the same as immediately
> adjacent buildings)- The APE includes the project site plus
> immediately adjacent buildings.
>
> New construction (building height will be greater than the immediately
> adjacent buildings)- The APE includes the project site plus two or
> more rows of buildings/structures beyond the project site, depending
> upon the visual impact.
>
> New construction and adjacent buildings/structures are not present-
> The APE includes the project site plus immediately adjacent vacant
> land.
>
> c\. [Identify and evaluate historic properties in the
> APE-]{.underline}

1.  Review Existing Information- Search the *National Register of
    Historic Places* (NR) for listed buildings, structures, places
    (**www.cr.nps.gov/nr/nris)**. The NR is a list of districts, sites,
    buildings, structures, and objects that, in a formal review process
    by the Keeper of the National Register, were determined significant
    in American history, architecture, archeology, engineering, and
    culture. The list is maintained by the Keeper of the National
    Register, U.S. Department of Interior, National Park Service

> Consult with tribal historians or commissions, if available, and
> search any tribal, state or local inventory lists for properties
> determined eligible for NR listing.

2.  Survey the APE- Photograph buildings or structures that are 50 years
    of age or older. Note any distinctive architectural features, as
    well as modifications to buildings and structures.

3.  Seek Information- Contact Indian tribes, local government,
    individuals or organizations likely to have knowledge about historic
    properties or concerns about historic properties in the local area
    regarding:

> For buildings and structures in the APE:
>
> Determine the date of construction.
>
> If 50 years of age or older, determine:
>
> The time period of its architectural design.
>
> If its associated with a person or event significant to our history.
>
> If the building or structure is in its original location.
>
> If any of its original design features been altered.
>
> Determining if archeological sites (on vacant land) are present within
> the APE:
>
> Document past land uses that may have significantly altered the land
> (e.g., aerial photographs showing past land use, building permits
> issued, evidence of fill dirt or excavation).
>
> Request a search of existing databases maintained by SHPO/THPO. If the
> sites is known to contain archeological artifacts, consult with the
> SHPO/THPO about their significance and how to proceed. If there's a
> high probability artifacts are present, conduct a *reconnaissance
> survey*.
>
> Use a professional archeologist to perform a *reconnaissance survey*
> of the APE. If the survey report identifies that artifacts are
> present, consult with the SHPO/THPO concerning performing an
> *intensive survey* to classify the number, type, location, and
> distribution of historic resources, and record the artifacts found.).

4.  Evaluate the Significance of Properties That May Be Eligible for NR
    Listing:

> A building, structure, or place is determined *eligible* for NR
> listing when the RE, in consultation with the SHPO/THPO, finds it
> meets the criteria for listing. These criteria are (see Appendix
> \_\_\_\_ for full text):

(a) [Events]{.underline} significant in the broad patterns of our
    history;

(b) [Persons]{.underline} significant in our past;

(c) Distinctive [characteristics]{.underline} of type, period, method of
    construction, or the work of a master, or possessing high artistic
    values;

(d) [Yielding information]{.underline} important to history or
    prehistory.

> In order for a property to be determined eligible on the basis of one
> or more of these criteria, it [must possess integrity]{.underline} of
> location, design, setting, materials, workmanship, feeling and
> association. Integrity can be adversely affected by alterations,
> modifications, or relocation of buildings or structures from the
> original site.
>
> NOTE: Properties that are determined eligible will not be listed on
> the NR unless they're nominated for listing by the tribe (or
> individuals), and have undergone a formal review process by the Keeper
> of the National Register.

5.  Request the views of the SHPO/THPO concerning any further
    information gathering that may be necessary.

> d\. [Determine the effect of the undertaking]{.underline}
>
> The RE must make a determination, in consultation with the SHPO/THPO,
> that:

-   No historic properties will be affected (Generally means there are
    no eligible or NR listed properties within the APE.)

-   Historic properties are present, but the undertaking will have *no
    effect*.

-   Historic will be affected by the undertaking.

> e\. [Assess the effects on listed and/or eligible
> properties]{.underline}
>
> The RE, in consultation with the SHPO/THPO, determines if there will
> be *no adverse effect* or *adverse effect* on historic properties. The
> RE must also consider the views of consulting parties and the public.
> The Advisory Council may also be involved in the decision. Consult 36
> CFR 800.5 and 800.6, and the Section 106 flowchart in the Appendix
> concerning the appropriate procedures.

Sources and References

36 CFR Part 60 CFR, [National Register of Historic Places]{.underline},
U.S.D.I. National Park Service.

[How to Apply National Register Criteria for Evaluation]{.underline},
National Register Bulletin #15, U.S.D.I. National Park Service.

[The Secretary of Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring &
Reconstructing Historic Buildings]{.underline}, Technical Preservation
Services, Heritage Preservation Services, U.S.D.I. National Park
Service, www2.cr.nps.gov/tps/standards/index.htm

[Historical Archeological Sites and Districts]{.underline}, National
Register Bulletin #36, U.S.D.I. National Park Service.

[Recommended Approach for Consultation and Recovery of Significant
Information from Archeological Sites]{.underline}, Advisory Council on
Historic Preservation, www.achp.gov/archguide.html

[Council Policy Statement: Affordable Housing and Historic
Preservation]{.underline}, Advisory Council on Historic Preservation,
www.achp.gov/afford.html

[Preparing Agreement Documents]{.underline}, Advisory Council on
Historic Preservation, www.achp.gov/agreement.html (A guide on preparing
Memoranda of Understanding and Programmatic Agreements.)

Floodplain Management

Standards and Legal Requirements: Executive Order 11988 of May 24, 1977
(Floodplain Management); 24 CFR Part 55, [Floodplain
Management]{.underline}, U.S. Department of Housing and Urban
Development.

**Status A -** The project does not involve property acquisition,
management, construction or improvements within a 100 year floodplain
(Zones A or V) identified by FEMA maps, **OR** does not involve a
"critical action" (e.g., emergency facilities, facility for mobility
impaired persons, etc.) within a 500 year floodplain (Zone B). If FEMA
has not published flood maps, the RE must make a finding based on data
from the City/County Engineer or local Flood Control Agency.

**Status B -** Complete the 8-step decision making process according to
24 CFR Part 55 to document that there are no practicable alternatives
and to mitigate effects of the project in a floodplain.

Assessment Questions

1.  Does the project involve acquisition, construction, improvement,
    disposition, or financing assistance?

2.  Is the project located in the 100-year floodplain (Zones A or V)
    mapped by the Federal Emergency Management Agency (FEMA)? Is the
    project a "critical action" located in the 500 year floodplain
    (Zone B) mapped by FEMA?

3.  Is the project located in a coastal high hazard area mapped by FEMA?

4.  Is the project affected by local flooding?

5.  Will the project involve substantial increase in impervious surface
    area, and, if so, have runoff control measures been included in the
    design?

Compliance Overview

The purpose of Executive Order 11988 is to have Federal agencies
consider alternatives to locating their projects in floodplains when
other alternatives are available that achieve the same objective. This
is to avoid risks to lives and loss of property that are the result of
occupying a floodplain and also to avoid losing the beneficial values of
floodplains. Naturally vegetated floodplains can provide a broad area to
spread and slow floodwaters, and thereby reduce velocities and flood
peaks. Slower floodwaters also helps maintain water quality and to
recharge groundwater because the slowed runoff allows sediments to be
deposited, and water infiltrates through the generally porous soil of
the floodplain into the groundwater.

Federal agencies are required to avoid floodplain development whenever
there are *practicable alternatives* to development in the floodplain.

According to HUD regulation 24 CFR Part 55, floodplains are those land
areas identified on maps published by FEMA as 100-year floodplain (Zones
A or V) or 500-year floodplain (Zone B), if it's a critical action.
Coastal high hazard areas area subject to high velocity waters,
including but not limited to hurricane wave wash or tsunamis. FEMA maps
designate these as ZonesV1-30, VE, or V.

Section 55.20 identifies the decision making process the RE must follow
to comply with the Order:

> Step 1- Determine whether the proposed action is located in a 100-year
>
> floodplain.
>
> Step 2- Publish notice of the proposal to consider an action in the
> floodplain
>
> (15 calendar day comment period)

Step 3- Evaluate practicable alternatives to locating the proposed
action in a

> floodplain (*practicable* means capable of being done within existing
>
> constraints)

Step 4- Identify the potential impacts associated with occupancy and
modification

of the floodplain.

Step 5- Design or modify the action to minimize adverse impacts and
preserve the

beneficial values of the floodplain.

Step 6- Reevaluate whether the proposed action is practicable.

Step 7- Publish notice of decision to identify why there is "no
practicable

> alternative", the alternatives considered, and the mitigation measures
>
> being adopted. (7 calendar day comment period)

Step 8- Implement the proposed action with mitigation measures.

Most tribal jurisdictions have not been mapped by FEMA, therefore Part
55 does not apply, according to the definitions in section 55.2(b).
However, if a tribe or tribally designated housing entity (TDHE)
acquires property where any part of it is within a floodplain mapped by
FEMA, Part 55 is applicable and the decision making process must be
completed and incorporated into the project ERR

Recommendation: Even though FEMA map information is not available, the
recipient may know or suspect the project area is subject to flooding.
In these circumstances the recipient should consider researching the
best available information to determine whether buildings or structures
could be damaged by floodwaters because of their location. This is a
precaution to protect both lives and property. Sources of information
may include: U.S. Corps of Engineers, Community Flood Administrators,
U.S. Geological Survey Maps, USDA Natural Resources Conservation Service
(formerly Soil Conservation Service), state departments of water
resources, county public works, local flood control or levee districts,
or contract to have a special study completed.

Note: Buildings and structures located within any floodplains mapped by
FEMA must have flood insurance coverage in accordance with the National
Flood Insurance Program requirements. If tribal lands are mapped by
FEMA, then HUD funds can only be used on projects in floodplain if the
tribe is a participant in the NFIP and flood insurance is obtained.
Contact the FEMA Tribal Liaison Officer in your region for additional
information.

Sources and References

Map Service Center, Federal Emergency Management Agency (FEMA),
**www.fema.gov/maps**.

[National Flood Insurance Program Community Status List]{.underline},
FEMA, **www.fema.gov/nfip**. (States' listings of the cities and
counties that have been mapped by FEMA and that are participants of the
NFIP).

[Floodplain Management Guidelines for Implementing E.O.
11988]{.underline}, U.S. Water Resources Council, February 10, 1978,
Federal Register (43 FR 6030).

Regional Tribal Liaison Officers, FEMA Tribal Policy,
www.fema.gov/library/tribal

Wetlands Protection

Standards and Legal Requirements: Executive Order 11990 of May 24, 1977
(Protection of Wetlands)

**Status A -** The project does not involve new construction within or
adjacent to a wetland identified by or delineated on maps issued by the
USDI Fish & Wildlife Service.

**Status B -** Complete the 8-step decision making process in 24 CFR 55
to document that there are no practicable alternatives and to mitigate
effects of the project in a wetland. Such action also requires a permit
from the U.S. Corps of Engineers under Section 404 of the Clean Water
Act.

Assessment Questions

1.  Does the project involve new construction, or conversion of vacant
    land to another use?

2.  Has the U.S. Fish and Wildlife Service, U.S. Army Corps of
    Engineers, or U.S. Natural Resources Conservation Service identified
    wetlands on the project site?

3.  Are the available alternatives to locating the project or activity
    in the wetland?

4.  Is the proposed project or activity in compliance with conditions
    set forth by the U.S. Army Corps of Engineers concerning permits for
    dredge and fill activity?

Compliance Overview

Wetlands generally include swamps, marshes, bogs, sloughs, potholes, wet
meadows, river overflows, mud flats, and natural ponds. The purpose of
the Executive Order is to avoid, if possible, any long or short term
adverse impacts associated with destruction or modification of wetlands
and to avoid direct or indirect support of new construction in wetlands
whenever there is a *practicable alternative*.

If new construction or conversion of vacant land is being proposed, the
RE should follow the decision making process in section 55.20 (24 CFR
Part 55) and conclude whether there is a *practicable alternative* to
destroying or modifying the wetland.

Sources and References

[National Wetlands Inventory]{.underline}, U.S. Fish and Wildlife
Service, http://wetlands.fws.gov/

U.S. Army Corps of Engineers, Section 404 Permits (Clean Water Act) (re:
permits for discharges of dredge and fill materials into waters of the
United States)

24 CFR Part 55, [Floodplain Management]{.underline}, U.S. Department of
Housing and Urban Development.

Coastal Zone Management

Standards and Legal Requirements: Coastal Zone Management Act or 1972,
as amended in 1976, 1980, and 1996, particularly section 307(c) and (d).

**Status A -** The project does not involve the placement, erection or
removal of materials, nor an increase in the intensity of use in the
Coastal Zone (CZ).

**Status B -** Secure concurrence from the CZ Commission or delegated
planning commission with your determination of consistency with the
applicable CZ Plan.

Assessment Questions

1.  Does the project involve acquisition, rehabilitation, construction,
    or a change of use on in or adjacent to a coastal area administered
    by the state under an approved coastal zone management program?

2.  Has the RE certified the project is consistent with the state's
    coastal zone management program? Has the state received a copy of
    the certification and supporting documentation?

3.  Has the RE received concurrence from the state on its certification?

Compliance Overview

The Act provides national policy concerning development and protection
of the Nation's coastal environment. A few of goals of the Act include:

-   preserve, protect, develop, and when possible, to restore or enhance
    the coastal resources;

-   Encourage and assist states in implementing their coastal management
    programs, including to:

> \- Manage coastal development to minimize the loss of life and
> property caused by:
>
> improper development in flood-prone, storm surge, geological hazard
> and erosion-prone areas and in areas "likely to be affected" by sea
> level rise, land subsidence, saltwater intrusion,
>
> destruction of natural protective features such as beaches, dunes
> wetlands and barrier islands.
>
> \- Provide for public access to the coasts for recreation purposes,

When HUD funds will be used for projects proposing physical changes to
properties or land within or adjacent to the coastal zone, the RE must
make a determination whether the project is consistent with the state's
approved coastal management program. If the project is found to be
consistent, the RE must certify to its consistency and submit a copy of
the certification and supporting information to the state for approval.
The state will provide the public an opportunity to comment on the
certification.

The RE must receive concurrence from the state (or its designated
agency) before the environmental review can be completed or the decision
of compliance with Part 58 is made. If the state (or its designated
agency) fails to notify the RE within 6 months after receiving its copy
of the certification, the state's concurrence with "the certification
shall be conclusively presumed" \[section 307(c)(3)\].

The RE must not approve the project for environmental clearance if it is
found to be inconsistent with the state's management plan. An exception
is if the Secretary of Commerce finds the project is consistent with the
purposes of the Act.

Sources and References

1\. Office of Ocean and Coastal Resources Management, National Ocean
Services, National Oceanic and Atmospheric Administration, U.S.
Department of Commerce http://www.ocrm.nos.noaa.gov/czm/welcome2.html

2\. State and Territory Coastal Management Program Summaries,
http://www.ocrm.nos.noaa.gov/czm/czmsitelist.html

Sole Source Aquifers

Standards and Legal Requirements: Safe Drinking Water Act of 1974,
particularly section 1424(e); 40 CFR Part 149-Environmental Protection
Agency.

**Status A -** The project is not located in a U.S. EPA-designated sole
source aquifer area

**Status B -** Consult with the Water Management Division of EPA for the
implementation of project mitigation measures to avoid contaminating the
aquifer.

Assessment Questions

1.  Is the project included within the boundaries of a sole or principal
    source aquifer (SSA) designated by the U.S. Environmental Protection
    Agency?

2.  Does the project have the potential to contaminate the designated
    sole source aquifer?

Compliance Overview

Aquifers are underground geological formations that yield a significant
amount of water to a well or spring. The RE must determine whether a
project is within a Critical Aquifer Protection Area designated by EPA,
and whether project activities have the potential to contaminate the
aquifer. For example, drilling new wells for housing development,
construction of water treatment plants, industrial development, etc.

EPA must be given the opportunity to review and make recommendations on
projects that have the potential to contaminate a SSA. Contact the
Office of Water for the EPA Regional Office having jurisdiction for that
area.

Sources and References

[National Summary of Sole Source Aquifer Designations]{.underline}, EPA
Sole Source Aquifer Protection Program, Office of Ground Water and
Drinking Water, Office of Water, U.S. Environmental Protection Agency
http://www.epa.gov/OGWDW/swp/sumssa.html

Endangered Species

Standards and Legal Requirements: Endangered Species Act of 1973, as
amended, particularly section 7; 50 CFR 402- [Interagency Cooperation-
Endangered Species Act of 1973, As Amended]{.underline}, U.S. Fish and
Wildlife Service

**Status A -** The RE determines that the proposal is not likely to
jeopardize the continued existence of any federally-listed or proposed
Threatened and Endangered Species (i.e., plants or animals, fish, or
invertebrates), nor destroy or adversely modify designated or proposed
critical habitat. This finding is to be based on contact (informal
consultation) made with the U.S. Fish and Wildlife Service or with State
Department of Fish and Game, or by special study completed by a
professional biologist or botanist.

**Status B -** Consult with the U.S. Fish and Wildlife Service or
National Marine Fisheries Service, in accordance with procedural
regulations contained in 50 CFR Part 402. Formal consultation with FWS
or NMFS is always required for federally funded major construction
activities, i.e., activities which because of their scale or scope
require an Environmental Impact Statement..

Assessment Questions

1.  Will the project disturb or alter existing vegetation, or create
    conditions which might threaten the survival of native plant
    communities?

2.  Will it impact water resources on or adjacent to the project site?

3.  Will it damage or destroy trees?

4.  Will the project create conditions that are favorable to nuisance
    species?

Compliance Overview

[Compliance with the Endangered Species Act generally concerns new
construction and conversion of vacant land.]{.underline}

The Endangered Species Act focuses on the following classifications:

[Endangered]{.underline}- Species in danger of extinction.

> [Threatened]{.underline}- Any species likely to become endangered in
> the foreseeable future throughout all or a significant portion of its
> range.
>
> [Critical habitat]{.underline}- Specific geographic areas determined
> to be essential to the conservation of endangered or threatened
> species.

Other classifications according to Fish and Wildlife Service regulations
(50 CFR 402):

[Proposed]{.underline}- Any species of fish, wildlife, or plant that is
proposed in the Federal Register to be listed as endangered or
threatened. And, any proposal for designation of Critical Habitat that
appears in the Federal Register.

Section 7 of the Endangered Species Act requires that if Federal
assistance is used for a project, a determination must be made as to
whether the continued existence of a Federally-listed endangered or
threatened species is likely to be affected, and whether it will result
in their Critical Habitats being destroyed or adversely modified.

To ensure compliance with Section 7, consultation with the U.S. Fish and
Wildlife Service is required (pursuant to 50 CFR 402). If the recipient
is proposing a major construction action (i.e., Environmental Impact
Statement) formal consultation with the FWS is required. If the
recipient's project [may affect]{.underline} listed species or their
Critical Habitat, there is an informal consultation process that must be
followed.

If HUD funds will be used for a major construction action requiring an
EIS, formal consultation procedures with the FWS, beginning with section
402(c)(1) must be followed. Following is a summary of compliance steps
for all other projects:

1.  Make a determination whether the proposed action will alter or
    destroy habitat, or could have an affect on an listed or proposed
    species or Critical Habitat.

2.  Request a species list from FWS or utilize other resource
    information available to develop a list of species that inhabit the
    project area.

3.  Determine the potential impact of the action on species and/or their
    habitat. This determination requires: consulting with resource
    experts, such as state or local fish and wildlife agencies; hiring a
    professional biologist/botanist to prepare a biological assessment;
    or, reviewing other environmental documents for current and
    pertinent information.

4.  Initiate [informal]{.underline} consultation with FWS if a
    determination is made that species or their Critical Habitat [may be
    affected]{.underline} by the project.

5.  Implement any necessary mitigation measures.

Sources and References

[Endangered Species Program]{.underline}, Division of Endangered
Species, U.S.D.I. Fish and Wildlife Service http://endangered.fws.gov/

[Threatened and Endangered Wildlife and Plants]{.underline} (Listed
species and Critical Habitat) http://endangered.fws.gov/wildlife.html

Wild and Scenic Rivers

Standards and Legal Requirements: Wild and Scenic Rivers Act of 1968, as
amended, particularly section 7(b) and (c)

**Status A -** The project is not located within one mile of a listed
Wild and Scenic River, **OR** the project will not have an effect on the
natural, free flowing or scenic qualities of a river in the National
Wild and Scenic Rivers system.

**Status B -** Consult with the U.S. Department of Interior, National
Park Service for impact resolution and mitigation.

Assessment Questions

1.  Does the project include development activities?

2.  Is the project located near a river or river segment that is listed
    on or designated for inclusion in the National Wild and Scenic
    Rivers System (NWSRS)?

Compliance Overview

A wild, scenic or recreational river area is included in the National
Wild and Scenic Rivers System by Act of Congress or it may be designated
by a State or States if the Secretary of Interior finds it meets the
criteria established by the Act.

A river or segment of a river may be designated as *wild* if it is free
of impoundment, has little or no evidence of human activity and is
generally accessible only by trail. In order to be classified *scenic*,
a river (or river segment that has been designated) is free of
impoundment, there is no substantial evidence of human activity, and in
some places it is accessible by road. Classification as *recreational*
means the river (or a river segment) has some impoundment or diversion,
there is substantial evidence of human activity, and it is readily
accessible by road or railroad.

The RE must determine whether any river listed in the NWSRS, or that is
designated for inclusion on it would be directly and adversely affected
by development activities associated with the project. Also, if the
project is located above or below a listed river, the RE must determine
whether the project will invade the river management area or could
unreasonably diminish the scenic, recreational, and fish and wildlife
values present in the area.

Sources and References

Wild and Scenic Rivers HOME Page, Rivers, Trails and Conservation
Assistance Program, U.S.D.I. National Park Service, River
http://www.nps.gov/rivers/index.html

[Wild & Scenic Rivers- State-By-State Lists]{.underline}, Rivers, Trails
and Conservation Assistance Program, U.S.D.I. National Park Service,
http://www.nps.gov/rivers/wildriverslist.html

Air Quality

Standards and Legal Requirements: Clean Air Act of 1970, as amended,
particularly section 176(c) and (d); 40 CFR Parts 6, 51, and 93-
Environmental Protection Agency; 40 CFR Parts 9, 35, 49, 50 and 81,
Environmental Protection Agency.

**Status A -** The project is located within an "attainment" area,
**OR**, if within a "non-attainment" area, conforms with the
EPA-approved State Implementation Plan (SIP), per contact with the State
Air Quality Management District or Board, **AND** the project requires
no individual NESHAP permit or notification;

**Status B -** Negotiate suitable mitigation measures with the Air
Quality Management District or Board, obtain necessary permits, issue
required notices. For example, 40 CFR §61.145 requires 10-day prior
notification to the Air Quality Administrator when either 260 linear
ft., 160 sq.ft., or 35 cubic ft., of asbestos containing material is to
be disturbed.

Assessment Questions

1\. Is the project located in a geographic area that is in *attainment*
or *nonattainment* with the National Ambient Air Quality Standard?

2\. If in a *nonattainment* area, does the project conform to the EPA
approved state implementation plan (SIP), or alternatively, the tribal
implementation plan (TIP)?

Compliance Overview

The Clean Air Act is a Federal law, but the states do much of the work
to implement its provisions and requirements. Each state develops state
implementation plans (SIP) that contain its objectives and regulations
for carrying out the Clean Air Act in their state. In 1990, the Act was
amended, and section 301(d) authorizes the U.S. EPA to issue regulations
specifying the provisions of the Act for which Indian tribes may be
treated in the same manner as states. Currently, there are no tribal
implementation plans approved by EPA. However, there are tribal regional
planning organizations available for information, including: Western
Regional Air Partnership, Lake Michigan Air Directors Consortia, South
East States Air Resource Managers, Central States Air Resource Agencies,
and the Ozone Transportation Commission.

The purpose of an implementation plan is to ensure that ambient
concentrations of any of six air pollutants for which there are National
Ambient Air Quality Standards (NAAQS) are below those standards. The six
pollutants are: ozone, carbon monoxide, particulate matter, sulfur
dioxide; lead; and nitrogen. Sources of these pollutants, include
transportation vehicles, industrial facilities, and farming operations.

Sources and References

Office of Air and Radiation, U.S. Environmental Protection Agency,
www.epa.gov/oar. Use this website for a listing of State air quality
boards and commissions.

Office of Air and Radiation, U.S. Environmental Protection Agency,
TribalAir website http://www.epa.gov/oar/tribal/

EPA Tribal Liaisons

Farmlands Protection

Standards and Legal Requirements: Farmland Protection Policy Act of
1981, particularly section 1540(b) and 1541; 7 CFR Part 658- U.S.
Department of Agriculture.

**Status A -** The project site does not include prime or unique
farmland, or other farmland of statewide or local importance as
identified by the U.S. Department of Agriculture, Natural Resources
Conservation Service NRCS (formerly the Soil Conservation Service,
**OR** the project site includes prime or unique farmland, but is
located in an area committed to urban uses;

**Status B -** Request evaluation of land type from the NRCS using Form
AD-1006, and consider the resultant rating in the project decision, as
well as potential mitigation measures (including measures to prevent
adverse effects on adjacent farmlands).

Assessment Questions

1.  Will land be developed because of the project?

2.  Has the land been determined to be *prime* or *unique* farmland by
    the USDA. Natural Resources Conservation Service.?

3.  Is it identified by state or local government as *prime* or *unique*
    agricultural land?

Compliance Overview

The purpose of the Farmland Protection Policy Act is to minimize the
effect of Federal programs on the unnecessary and irreversible
conversion of farmland to nonagricultural uses. The Act does not apply
to lands already in or committed to urban development (i.e., 30
structures per 40 acres or water impoundment). Land subject to the Act
is that which meets the definition of *prime* or *unique* farmlands, or
is determined to be of statewide or local significance with concurrence
by the Secretary of Agriculture.

Prime farmland has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber, and oilseed
crops. It has the soil quality, growing season, and moisture supply
needed to economically produce sustained high yields of crops when
treated and managed, including water management, according to acceptable
farming methods. The land must also be available for these uses
(cropland, pastureland, forestland, or other land, but not water or
urban built-up land).

Unique farmland is land other than prime farmland that is used for
production of specific high-value food and fiber crops. It has the
special combination of soil quality, location, growing season, and
moisture supply needed to economically produce sustained high quality or
yields of specific crops.

If the RE cannot determine whether or not the land is classified as
prime or unique, it should request the USDA. Natural Resources
Conservation Service (NRCS) to make the determination by submitting Form
AD-1006, the [Farmland Conversion Impact Rating]{.underline} form. These
forms are available at NRCS offices.

Should the project site (or any part of it) contain farmland that will
be converted to another use, the RE must identify and take into account
the adverse effects of its conversion, and consider alternatives that
would lessen the impact. Similar consideration should be give to land of
statewide or local significance.

In order to analyze the effects of converting the farmland, the RE must
apply the site assessment criteria in 7 CFR 658.5(b) and (c) and record
its findings on Form AD-1006. If there is a decision to approve
conversion of the site, a copy of the completed Form AD-1006 should be
submitted to NRCS for its data collection purposes.

Sources and References

1\. Soil Survey and Resource Assessment Deputy Area, USDA - Natural
Resources Conservation Service, P.O. Box 2890, Washington, D.C. 20013,
Office: Rm. 5204-S, (202) 690-4616, Fax: (202) 690-4390

2\. State Offices of the USDA Natural Resource Conservation Service,
http://www.nrcs.usda.gov/NRCstate.html

Noise Abatement and Control

Standards and Legal Requirements: 24 CFR Part 51, Subpart B- U.S.
Department of Housing and Urban Development

**Status A -** The project [does not]{.underline} involve development of
noise sensitive uses, **OR** the project is not within line-of-sight of
a major or arterial roadway or railroad, **OR** ambient noise level is
65 LDN (or CNEL) or less, based upon the HUD Noise Assessment Guidelines
(NAG) for calculating noise levels and Airport Noise Contour map;

**Status B -** Apply the noise standard, per 24 CFR §51.101, to the
project approval decision (see §51.104), and implement needed noise
attenuation measures (HUD Noise Assessment Guidebook, pp. 39-40) as
applicable.

Assessment Questions

1.  Is a noise sensitive land development proposed (e.g., housing
    construction or other noise sensitive activity)?

2.  Is the development within line-of-sight of a major roadway and/or,
    railroad? If so, is it within 1,000 feet of the roadway and/or 3,000
    feet of the railroad? Is noise attenuation required?

3.  Is the development within 15 miles of a military airfield or
    civilian airport? Is noise attenuation required?

4.  Does the project require special approval from the certifying
    officer or should it be disapproved because of high noise levels
    (i.e. exceeds 75 DNL)?

Compliance Overview

Noise is unwanted sound that interferes with our normal activities such
as sleeping, conversation or recreation. It can also cause hearing loss
and have an adverse effect on mental health. The purpose of HUD's
regulation concerning noise is to encourage suitable separation between
*noise sensitive lands uses* (i.e., housing and/or other noise sensitive
activities) and major noise sources (i.e., roadways, railroads, and
military and civilian airports).

Section 51.101(a)(2) applies specifically to those activities subject to
environmental review under Part 58, and, in particular, to the
construction of housing.

The RE must determine whether there are any major roadways with 1,000
feet, railroads within 3,000 feet, and military or civilian airports
within 15 miles of the housing project.

Sound waves travel in a straight line. Therefore, if there is a solid
barrier or structure between the project site and the roadway or
railroad\-\--e.g., noise wall, natural terrain, buildings obstructing
the line of sight\-\--this barrier will attenuate noise being generated
by these noise sources. These findings should be documented in the ERR.

However, if the development is within line-of-sight of either the
roadway or railroad, further investigation is required to determine the
level of noise exposure. This investigation requires completing a noise
calculation for roadways and railroads according to guidelines provided
in [The Noise Guidebook]{.underline} (HUD-953-CPD(1)). This guidebook is
issued by and available from HUD. The RE must determine whether the
exterior noise level at the project site is within HUD's standard for
acceptability, or that noise attenuation is required, or another project
site should be selected.

Noise from airplanes is more difficult to attenuate. If there are
airports within 15 miles of the project, the RE should consult with the
operations supervisor for the civilian airport, and the FAA Area Office
or military base concerning a military airfield. The RE should obtain
information on whether or not there are flights over the project area,
and the noise level being produced as a result. There are maps available
to show noise contours around airfields. The highest noise levels are
adjacent to runways. Airplane noise diminishes farther away from the
airfield. The noise contour maps for military airfields are published in
the *Air Installation Compatible Use Zone (AICUZ)* for the base.

HUD's noise standards are based on the Day-Night Average (DNL) Sound
Level System\-\--a system of calculating noise exposure instead of
measuring it with instruments. This system is a 24 hour average sound
level (expressed in decibels), with an additional 10 decibels added for
nighttime noise. The calculation is based upon the projected conditions
that are expected to exist at a time at least 10 years beyond the date
of the project approval. In order for the noise exposure from these
sources to be "acceptable", the exterior noise level must be 65DNL or
less. If between 65DNL and 73DNL, attenuation measures must be
incorporated into construction plans. If the exterior noise level is
above 75 DNL (unacceptable noise zone) , the project requires special
approval from the Certifying Officer, may require an EIS, and should be
considered for disapproval (See 24 CFR 51.104)

Sources and References

1.  24 CFR Part 51, Subpart B - Noise Abatement and Control

2.  [The Noise Guidebook]{.underline} (HUD-953-CPD(1)), Office of
    Community Planning and Development, U.S. Department of Housing and
    Urban Development, September 1991.

3.  Contact the local airport or military airfield for information and
    maps.

Explosive or Flammable Operations

Standards and Legal Requirements: 24 CFR Part 51, Subpart C- U.S.
Department of Housing and Urban Development.

**Status A -** The project is located at an Acceptable Separation
Distance (ASD) from any above-ground explosive or flammable fuels or
chemicals containers according to "Siting of HUD-Assisted Projects Near
Hazardous Facilities" (Appendix F, pp. 51-52), **OR** the project will
expose neither people nor buildings to such hazards;

**Status B -** Mitigate the hazard (per 24 CFR 51.205) with the
construction of a barrier of adequate size and strength to protect the
project from the explosive or flammable hazard.

Assessment Questions

1.  Does the project include development, construction, conversion?

2.  Does the project include rehabilitation or modernization of a
    building which increases residential densities, converts a building
    for habitation, or makes a vacant building habitable?

3.  Are aboveground storage tanks within 1 mile of the project site that
    are more that 100 gallons in size?

4.  Are the tanks within line of sight or is there a barrier (natural or
    manmade) between them and the project site?

5.  Does the project require a decision by the RE's certifying officer
    because there is not sufficient separation between the tanks and the
    project site?

Compliance Overview

[The regulation applies to projects for development, construction,
conversion, as well as rehabilitation or modernization of buildings
which increases residential densities, converts buildings for
habitation, or makes vacant buildings habitable.]{.underline}

The purpose of this regulation is to ensure there is an *acceptable
separation distance* between people and buildings from stationary
aboveground storage tanks more than 100 gallons in size and that contain
materials that are explosive or flammable in nature (e.g., gasoline,
fuel oil, kerosene, crude oil, propane). This is to prevent injury of
people and damage to property because of industrial accidents. The RE
must determine if there are hazardous liquids and gases being stored
within one mile of the project.

Some hazardous liquids or gases can cause explosive blasts. A 100-gallon
tank can injure people and damage buildings within 115 feet; and a tank
that holds1,000,000 gallons is destructive within 2,150 feet. A railroad
tank car holds approximately 40,000 gallons of liquid. An explosion from
a single 40,000 tank can injure people and damage buildings within a 750
foot radius.

Other hazardous liquids and gases are prone to fire. Thermal radiation
from a 100-gallon tank can injure people within 107 feet; and a tank
that holds 1,000,000 gallons can injure anyone within 5,000 feet, or
nearly one mile.

The regulation [does not apply]{.underline} to: high pressure gas and
petroleum transmission pipelines; mobile conveyances such as barges,
ships, railroad tankers and tank trucks; buried tanks or containers;
high pressure natural gas transmission and liquid petroleum pipelines;
employees of facilities which manage, store, or process explosive or
flammable materials (U.S. Department of Labor, Occupational Safety and
Health Administration covers employee safety); or individual fuel supply
for one to four family housing units.

The HUD guidebook on [Siting or HUD-Assisted Project Near Hazardous
Facilities]{.underline} provides the necessary guidance for determining
what are safe distances from aboveground storage tanks, and mitigation
measures.

The RE's certifying officer is responsible for any approval or
disapproval of projects that are affected by the presence of aboveground
storage tanks.

Sources and References

1.  24 CFR Part 51, Subpart C - Siting of HUD-Assisted Projects Near
    Hazardous Operations Handling Conventional Fuels or Chemicals of an
    Explosive or Flammable Nature

2.  [Siting or HUD-Assisted Project Near Hazardous Facilities: A
    Guidebook- Acceptable Separation Distances From Explosive and
    Flammable Hazards]{.underline}, Office of Environmental and Energy,
    Office of Community Planning and Development, U.S. Department of
    Housing and Urban Development, September 1996, HUD-1060-CPD.

3.  Local fire department or public safety officer.

Toxic Chemicals and Radioactive Materials

Standards and Legal Requirements: HUD Notice 79-33, Policy Guidance to
Address the Problems Posed by Toxic Chemicals and Radioactive Materials,
September 10, 1979.

Status A -The subject property is free of hazardous materials,
contamination, toxic chemicals, gasses and radioactive substances which
could affect the health or safety of occupants or conflict with the
intended use of the property. Particular attention should be given to
nearby dumps, landfills, industrial sites and other operations with
hazardous wastes.

Status B - Mitigate the adverse environmental condition by shielding,
removing or encapsulating the toxic substances in accordance with the
requirements of the appropriate Federal, state or local oversight
agency; OR reject the proposal

Assessment Questions

1.  Is the project site contaminated with hazardous substances and
    radioactive materials?

2.  Is the project within one mile of a National Priority List (NPL)
    "Superfund" site, or 2,000 feet of a State hazardous materials site,
    or other known toxic site? What is the nature of the hazardous
    material? What is the pathway for human exposure? (i.e., surface
    water, soil, air, ground water)

3.  Is mitigation required?

Compliance Overview

The purpose of the Policy Notice 79-33 is the protection of public
health and safety. HUD assistance cannot be used to support new
development for habitation at locations affected by toxic chemicals and
radioactive materials. Compliance with this policy requires efforts to
identify any hazardous substances and radioactive materials that may be
[on site]{.underline} or [off site]{.underline} that could harm
inhabitants. The RE must use the best available information (including
federal, state, and local hazardous sites data) during the
identification process, and also consult with U.S. EPA, as necessary.

The U.S. EPA recognizes four pathways for human exposure to hazardous
substances and radioactive materials\-\--*surface water, ground water,
soil and air*. If it is discovered hazards are present on site, or from
off site sources, determinations should made on the following bases:

> Can people come into physical contact with the contaminants (e.g.,
> floodwaters, wetlands, outdoor recreational areas, dust, soils, school
> grounds, fill dirt, mill tailings)?

Can contaminants be ingested (e.g., drinking water, commercial food
crops)?

> Can people inhale the contaminants (e.g., vapors, gases, radioactive
> gases (radon), airborne dust, asbestos and other particulates)?

Regulated hazardous substances lists that are maintained by the U.S. EPA
include:

> *Comprehensive, Environmental Response, Compensation, and Liability
> Act (CERCLA or "Superfund")*
>
> *Extremely Hazardous Substances (EHS)*
>
> *Emergency Planning and Community Right-to-Know Act (Superfund
> Amendments Reauthorization Act or SARA*

*Resources Conservation Recovery Act (RCRA)*

NOTE: The *American Society for Testing and Materials* (ASTM) has
developed standards for investigation and discovery of "environmental
site conditions" (e.g. hazardous substances and radioactive materials)
that has been recognized in court cases concerning landowner liability.
One of these standards is the *Phase I Environmental Assessment*. This
standard is a protocol for conducting an investigation when it is not
clearly known or there is suspicion of contamination. Generally, a
*Phase I Environmental Site Assessment* includes a visual inspection of
the project site, an investigation of the past uses, permits that may
have been issued by government entities, and whether there are
environmental conditions on adjacent properties that could affect the
project. The Phase I helps owners to satisfy the requirements for the
"innocent landowner defense" in cases of CERCLA liability. It must be
completed by a qualified professional, and the information must be
current (not more than 180 days elapsed since conclusions were made)

Sources and References

U.S. EPA, Envirofacts: Data Warehouse and Applications,
http://www.epa.gov/enviro

Emergency Planning and Community Right-to-Know Act (Superfund Amendments
Reauthorization Act or SARA) -- authorized establishment of State
Emergency Response Commissions and Tribal Emergency Response
Commissions.

Environmental Offices for States

[Choosing An Environmentally Safe Site]{.underline}, Office of
Multifamily Housing Development, Federal Housing Administration, U.S.
Department of Housing and Urban Development, June 1998,
http://www.hud.gov/fha/mfh/nofa2000/safesite.pdf

Airport and Runway Clear Zones and Accident Potential Zones

Standards and Legal Requirements: 24 CFR 51, Subpart D- U.S. Department
of Housing and Urban Development.

**Status A -** The project is not within an FAA-designated civilian
airport Runway Clear Zone (RCZ) or Approach Protection Zone, or within a
military airfield Approach Protection Zone, Clear Zone (CZ) or Accident
Potential Zone (APZ), based upon information from the airport or
military airfield administrator identifying the boundaries of such
zones, **OR** the project involves only minor rehabilitation, **OR** the
project involves only the sale or purchase of an existing property in
the RCA or CZ;

**Status B -** It is **HUD** policy not to provide any development
assistance, subsidy or insurance in RCZs or CZs unless the project will
not be frequently used or occupied by people and the airport operator
provides written assurances that there are no plans to purchase the
project site.

Assessment Questions

1.  Is the project within 15 miles of a civilian airport or a military
    airfield that is regulated by the Federal Aviation Administration
    (FAA)?

2.  Is the project located within a designated Airport Clear Zone,
    Accident Potential Zone, or Runway Clear Zone?

3.  Is a disclosure notice required?

Compliance Overview

[HUD regulation 24 CFR 51, Subpart D prohibits using HUD assistance for
new construction, major or substantial rehabilitation and modernization
activities if projects are located within a Clear Zone or Runway Clear
Zone. However, this prohibition does not apply to minor rehabilitation
or emergency assistance activities]{.underline}.

Clear Zones, Runway Clear Zones, and Accident Potential Zones are
designated areas at the end of runways where the greatest number of
airplane accidents occur (about 75%).

In addition, anytime HUD assistance will be used for the sale or
purchase of existing properties in a Runway Clear Zone or Clear Zone,
the buyer must be notified in writing of this, and that it may be
acquired by the airport at a later date. The buyer must acknowledge
receipt of this information. (See the sample "Buyer Notification Form"
contained in HUD Handbook 1390.4).

Sources and References

1\. 24 CFR Part 51, Subpart D - Siting of HUD Assisted Projects in
Runway Clear Zones at Civil Airports and Clear Zones and Accident
Potential Zones at Military Airfields

2\. Contact ONAP Field Office for most recent list of civilian airports
and military airfields.

3\. Airport Clear Zones - Civil Airport defined by FAA rule 14 CFR Part
152, military airfields DOD Instruction 4165.57 and 32 CFR Part 256.

4\. [A Guide to HUD Environmental Criteria and Standards Contained in 24
CFR Part 51]{.underline}, (Handbook 1390.4), Office of Community
Planning and Development, U.S. Department of Housing and Urban
Development, August 1984

5\. Sources of AICUZ Data include: AICUZ study for the military air
installation, Map F- Air Installation Compatible Use Zones, local
planning department, Council of Governments planning agency, contact the
Installation Commander.

Environmental Justice

Standards and Legal Requirements: Executive Order 12898 -- [Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations]{.underline}, February 11, 1994.

Status A - The proposed site is suitable for its proposed use and will
NOT be adversely impacted by adverse environmental conditions;

Status B - Site suitability is a concern; the proposal is adversely
affected by environmental conditions impacting low income or minority
populations. Avoid such impacts or mitigate them to the extent
practicable. Address the human health or environmental effects which
adversely affect the low income or minority populations

Assessment Questions

1.  Is the project site suitable for its proposed use?

2.  Are there high and adverse health and environmental conditions that
    affect the project because of its proposed location?

3.  Can these conditions be mitigated?

4.  If the project is approved as proposed, are minority and low income
    persons being disproportionately affected in comparison to the rest
    of the population?

Compliance Overview

The Executive Order directs each Federal agency to make achieving
environmental justice part of its mission by \"*identifying and
addressing as appropriate disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minority populations and low-income populations\".*
Presently, there aren't any regulations for implementing the Executive
Order. However, HUD has issued a Strategy Plan for Implementing
Environmental Justice and uses it as a guiding principle in
environmental decision making on whether the project could result in
disproportionate high and adverse effects on these two populations.

During the environmental review process, health and environmental issues
may arise concerning the suitability of the project site for its
intended use, particularly its suitability for human habitation. Then,
the RE should document the Executive Order was given consideration in
its final decision.

Sources and References

1.  Executive Order 12898, [Federal Actions to Address Environmental
    Justice in Minority Populations and Low-Income
    Populations]{.underline}, February 11, 1994,
    http://www.epa.gov/docs/oejpubs/execordr.txt.html

2.  [Achieving Environmental Justice -- A Department
    Strategy]{.underline}, Office of Community Planning and Development,
    U.S. Department of Housing and Urban Development, March, 24, 1995
    http://www.hud.gov/cpd/ocv/ejstrat.html

3.  HUD's Environmental Justice web page-
    http://www.hud.gov/cpd/ocv/ej.html

APPENDIX

> Types and Standards for Resources Used to Demonstrate Compliance
>
> Resources that are used to demonstrate compliance with the laws and
> authorities must be credible, traceable, and supportive of the
> conclusions reached. There are five basic sources of information that
> may be used to for compliance documentation . These are:

1.  [FIELD OBSERVATION]{.underline} -- A visit to the project site to
    make observations of the general site conditions. There should be
    written documentation of the conditions observed. The name and title
    of the observer and the date of the site visit should also be
    included.

2.  [PERSONAL CONTACT]{.underline} -- Personal contacts are useful [only
    when]{.underline} the individual contacted is an accepted authority
    on the subject or subjects. Documentation should include the name
    and title of the person contacted, the date of the conversation, and
    brief notes of the key points discussed. Whenever the person
    contacted cites reports, records, or other documents, the title,
    date and source of the document should be noted. Contacts can
    include tribal staff experienced in a particular area (e.g.,
    engineer, planner, historian, biologist, etc.).

3.  [PRINTED MATERIALS]{.underline} -- Printed materials such as
    comprehensive land use plans, maps, statistical surveys, and studies
    are useful sources of detailed information. The material must be
    current and reflect accepted methodologies. Environmental reviews
    that were completed by another governmental entity may also used if
    the information is relevant. Complete citations for all material
    must be included.

4.  [REVIEWER'S EXPERIENCE]{.underline} -- Professional judgment by
    staff is acceptable [only if]{.underline} their expertise is
    relevant to the compliance issue. For example, the reviewer may have
    knowledge from reviewing previous projects in the same area. Another
    type of relevant experience is the professional finding of the
    reviewer in subjects where he or she has the background to make
    judgments about a specific factor. Some reviewers have the expertise
    to evaluate soil conditions, while others will need to consult an
    engineer or other specialist.

5.  [SPECIAL STUDY]{.underline} -- This is a study conducted for a
    particular project performed by qualified personnel using accepted
    methodologies. Some tests are relatively simple to perform but
    others may require elaborate equipment or personnel with additional
    expertise. The reviewer is responsible for obtaining assistance from
    others in order to have the appropriate tests or studies conducted.
    Examples include: an archeological reconnaissance survey; a
    biological assessment concerning threatened and endangered species;
    or, a Phase I Site Assessment to determine site contamination.