0 6513.01

CHAPTER 6. ENVIRONMENTAL REQUESTS FOR RELEASE OF FUNDS

6-1 BACKGROUND. Grantees are prohibited from obligating or

expending CDBG funds, including program income, for

activities until they have completed an environmental review

to determine whether the activities or projects might

significantly affect the quality of the human environment.

When a grantee has completed all its environmental

responsibilities for the projects or activities for which it

wishes to expend funds, including publishing required

notices of findings and intent, it must submit a Request for

Release of Funds and Certification, Form HUD-7015.15,

included as Exhibit 6-1.

6-2 PURPOSE. The purpose of HUD\'s review of the Request for

Release of Funds and Certification is to assure that, in

accordance with 24 CFR 58, funds to be used for CDBG

activities are not released before:

A. The grantee has certified to HUD that it has fully

carried out its responsibilities for environmental

review and action, and published a notice(s) of its

determinations with respect to its environmental

responsibilities for the projects to be implemented;

and

B. The public at large and state and local agencies that

have jurisdiction over the project or activity have

been given, at a minimum, the 15 days prescribed by law

to submit objections to the grantee\'s Request.

This process does not apply to projects and activities which

are exempt under 24 CFR 58.34 or which are categorically

excluded by 24 CFR 58.35 and do not trigger compliance with

the related authorities under 24 CFR 58.5.

6-3 TIMING

A. Submission to HUD. The Request for Release of Funds

(RROF) should be submitted to HUD on the date specified

in the Notice of Intent to Request Release of Funds

published by the grantee. This date is required to be

seven or more calendar days after the date of

publication of the Notice of Intent for projects that

are categorically excluded or which require an

Environmental Impact Statement (EIS). When the Notice

of Intent is published at the same time or combined

6-1 9/92

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6513.01

with the Notice of Finding of No Significant Impact for

projects requiring an Environmental Assessment (EA),

the date the RROF should be submitted to HUD is

required to be 17 days from the date of publication of

the two public notices. Certain projects may require a

30-day comment period due to exceptional circumstances

(controversial projects, unique environmental

conditions, projects exceeding EIS thresholds.)

B. Release of funds. The Field Office should release the

requested funds as soon as possible on or after the

17th day following the date the Request for Release of

Funds and Certification is received or on the date

indicated in the published Notice of Intent to Request

Release of Funds, if it is later than the 15 day

objection period.

C. Counting. All time periods related to processing

Requests for Release of Funds are to be counted in

calendar days. The first day of a time period begins

at 12:01 a.m. local time on the day following the date

of the action which initiates the time period.

6-4 ATTACHMENTS TO THE REQUEST FOR RELEASE OF FUNDS

A. Publication. Except as otherwise provided by 24 CFR

58.43, the grantee must publish in a newspaper of

general circulation in the affected community a notice

of a Finding of No Significant Impact (FONSI) and a

Notice of Intent to Request Release of Funds

(NOI/RROF). These notices may be published separately

or they may be combined. Exhibit 6-2 contains a sample

guideform for a combined notice. Copies of the

notice(s) must be submitted with the Request for

Release of Funds as supporting documentation.

B. Floodplains. When appropriate, grantees must also

submit copies of the two notices required to be

published on projects located in floodplains or wetland

areas as well as the Record of Decision (24 CFR 58.65)

if an EIS was required.

6-5 ACCEPTANCE OF THE REQUEST FOR RELEASE OF FUNDS

A. Receipt. Date stamp and log-in the Request for Release

of Funds on the RROF log (see Exhibit 6-3 for a sample

log).

9/92 6-2

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6513.01

B. Review for Completeness. Exhibit 6-4 contains a

Request for Release of Funds review checklist. Part I

should be used to check for completeness.

1\. Incomplete Submission. If the submission is

determined to be incomplete, the grantee should be

notified by telephone if it appears that the

deficiency is minor and can be promptly corrected.

If the deficiency cannot be readily corrected, the

grantee should be notified in writing of the

reasons why the RROF cannot be accepted for

processing.

2\. Complete Submission. If it is determined that all

required information has been submitted, the RROF

and the supporting documentation should be

forwarded to the CPD Rep/Environmental Officer for

a compliance review.

6-6 ACCEPTANCE OF OBJECTIONS

A. Any person or agency may object to a grantee\'s RROF and

the related certification. However, the objections

must meet the conditions and procedures set forth in 24

CFR 58.75. When objections which meet the criteria in

24 CFR Part 58 are received, they should be date

stamped and logged-in on the RROF log with a notation

in the comments column that the entry is for a letter

of objection. See Chapter 2, paragraph 2-6 B.3. for

procedures for handling complaints which do not meet

Part 58 criteria.

B. It should then be determined whether the objections

were received in the Field Office within 15 days from

the time the Field Office received the grantee\'s RROF

and the related certification, or within the time

period specified in the notice, whichever is later.

C. If objections are received by HUD prior to the

expiration of the objection period, they must be

considered before funds may be released. Objections

should be reviewed and a letter sent to the objector

and the grantee indicating the results of the review.

If the objections were not received within the

appropriate timeframes, the objector should be so

advised.

6-3 9/92

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6513.01

6-7 REVIEW FOR COMPLIANCE. Part II of the Request for Release

of Funds Review Checklist (Exhibit 6-4) is to be used to

determine whether the grantee\'s certification is acceptable

and whether adequate and correct information was included in

the required public notices. The compliance review should

be completed within the 15 day period following receipt of

the RROF.

6-8 APPROVAL. A letter or other form of notification to the

grantee should be prepared for the authorizing HUD official

(generally the CPD Director or Field Office Manager) to sign

on the 17th day following receipt of the RROF if the

submission was found to be acceptable. The signature date

should never be earlier than 17 days after receipt of the

RROF, since the signature date is the date the funds are

considered released from condition unless otherwise

indicated.

6-9 DISAPPROVAL. The only permissible reasons for disapproval

of a Request for Release of Funds and Certification are

found in 24 CFR 58.75. If as a result of the review for

compliance, review of objections submitted by citizens or

other agencies, or other evidence that these requirements

have not been met, the RROF should be disapproved. If the

request is disapproved, the recipient should be promptly

notified in writing of the reasons for the disapproval.

6-10 ADMINISTRATIVE RECORD. The following documentation should

be maintained in the official files:

A. Request for Release of Funds form submitted by the

grantee (HUD-7015.15);

B. Copy of the newspaper Notice of a Finding of No

Significant Impact and Notice of Intent to Request

Release of Funds;

C. Copy of RROF Review Checklist;

D. Copy of the signed Notice of Removal of Grant

Conditions, form HUD-7015.16, and/or other notification

to the grantee;

E. If objections were received, a copy of all related

correspondence and information; and

F. If the request was disapproved, a copy of letter

notifying the grantee of the reasons for disapproval.

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6513.01

Exhibit 6-1

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Request for Release of

Funds and Certification

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form HUD-7015.15 (10-92)

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6513.01

Exhibit 6-1

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6513.01

Exhibit 6-2

Sample

NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT

AND NOTICE OF REQUEST FOR RELEASE OF FUNDS

Name, address and telephone

number of Recipient

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:

On or about \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ will

(Date of RROF) (Name of Grantee)

request the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to release
Federal funds

(Name of HUD Office)

under Title I of the Housing and Community Development Act of

1974, as amended, to undertake a project known as

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

(Project Title and Number)

consisting of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Purpose or Nature of Project)

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

(Location of Project)

The purpose of this combined Notice is to meet two separate

procedural requirements of 24 CFR 58:

1\. A Notice of Finding of No Significant Impact (FONSI);

2\. A Notice of Intent to Request Release of Funds (NOI/RROF).

Those wishing to comment must specify which Notice in being

addressed. Objections must he submitted to the

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(HUD Field Office) (17 days from publication)

Objections may only be made on the following basis:

1\. The certification was not in fact executed by the Chief

Executive Officer or HUD or other Officer of the applicant

approved by HUD; or

1 9/92

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6513.01

Exhibit 6-2

2\. That the applicant\'s Environmental Review Record for the

project(s) indicates omission of a required decision,

finding or step applicable to the project in the

environmental review process.

3\. Another federal agency acting pursuant to 40 CFR Part 1504

has submitted a written finding that the project is

unsatisfactory from the standpoint of environmental quality.

Finding of No Significant Impact

It has been determined that such request for release of funds

will not constitute an action significantly affecting the quality

of the human environment and, accordingly, the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has decided not to
prepare an

(Name of Grantee)

Environmental Impact Statement under the National Environmental

Policy Act of 1969 (PL 91-190).

The reasons for the decision not to prepare an Impact Statement

are as follows:

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

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

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

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An Environmental Review Record respecting the proposed project

has been made by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
which

(Name of Agency and/or Recipient)

documents the environmental review of the project and more fully

sets forth the reasons why such Statement is not required. The

Environmental Review Record is on file at the following office:

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

(Name of Agency and/or Recipient)

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

(Address)

It may be examined during
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

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

(Name of Certifying Officer)

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

(Address of Certifying Officer)

9/92 2

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6513.01

Exhibit 6-3

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Request for Release of Funds Log

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6513.01

Exhibit 6-4

REQUEST FOR RELEASE OF FUNDS REVIEW CHECKLIST

Date of Receipt \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Application Number \_\_\_\_\_\_\_\_\_\_\_\_\_\_

Applicant \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Project/Activity \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Attach list, if needed)

The following items have been reviewed and found to be acceptable:

PART I. COMPLETENESS

YES NO

Request for Release of Funds and Certification Form:

States name and address of the grantee \_\_\_\_\_ \_\_\_\_\_

States the projects for which the grantee is

requesting release of funds \_\_\_\_\_ \_\_\_\_\_

Certification form is signed \_\_\_\_\_ \_\_\_\_\_

Grantee submitted a copy of:

The Notice of Intent to Request Funds

published in the local newspaper \_\_\_\_\_ \_\_\_\_\_

The Notice of Finding of No Significant Impact

published in the local newspaper \_\_\_\_\_ \_\_\_\_\_

OR

A combined notice (NOI/RROF and FONSI) \_\_\_\_\_ \_\_\_\_\_

COMMENTS:

I have reviewed the Request for Release of funds and find it

\_\_\_ acceptable \_\_\_ unacceptable (see comments) for processing.

No approval of this request for release of funds should be made

until \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (17th day
after receipt).

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

(Name and title of Reviewer) (Date)

1 9/92

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6513.01

Exhibit 6-4

PART II: REVIEW OF REQUEST FOR RELEASE OF FUNDS, NOTICE OF NO

SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST

RELEASE OF FUNDS

YES NO

Review of Request for Release of Funds

1\. Certification form signed by the designated

officer of the grantee \_\_\_\_\_ \_\_\_\_\_

2\. Dates indicated in RROF correspond with dates

in notice(s) and are accurate \_\_\_\_\_ \_\_\_\_\_

Notice Of Finding of No Significant Impact includes:

1\. Identification of the project to be undertaken,

title, purpose or nature, location \_\_\_\_\_ \_\_\_\_\_

2\. Statement that the grantee has found that the

project has no significant impact on the

environment and the facts and reasons for

such decision. \_\_\_\_\_ \_\_\_\_\_

3\. Statement that the grantee has made an

Environmental Review Record respecting the

project and the place and time when the

Record may be examined. \_\_\_\_\_ \_\_\_\_\_

4\. Statement, if applicable, that no further

environmental review of such project is

proposed to be conducted and that the

grantee intends to request HUD to release

funds for such project \_\_\_\_\_ \_\_\_\_\_

5\. The name and address of the grantee, along with

the name and address of the Certifying Officer

are listed. \_\_\_\_\_ \_\_\_\_\_

9/92 2

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6513.01

Exhibit 6-4

6\. There are 15 days between the date the notice was

published in the newspaper and the last date for

comments. \_\_\_\_\_ \_\_\_\_\_

Date the advertisement was published in the

paper: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date given as expiration of 15-day comment

period: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

COMMENTS:

YES NO

Notice of Intent to Request Release of Funds:

1\. Specifies the date upon which the Request and

Certification would be submitted to HUD by the

grantee. (If RROF Notice not submitted concurrent

with or as a combined FONSI/RROF Notice, then the

date of submittal must be at least 7 days after

the Notice publication date). \_\_\_\_\_ \_\_\_\_\_

2\. Specifies that such Request and Certification

relate to grant funds under Title I. \_\_\_\_\_ \_\_\_\_\_

3\. Includes a brief description of the project \_\_\_\_\_ \_\_\_\_\_

4\. Includes a statement that the grantee has made

an Environmental Review Record respecting the

project and the place and time when the record

may be examined and copies obtained. \_\_\_\_\_ \_\_\_\_\_

5\. Contains the name and address of the grantee along

along with the name and address of the Certifying

Officer. \_\_\_\_\_ \_\_\_\_\_

6\. Statement indicating the basis for objections and

the name and address of the HUD office to which

they must be sent. \_\_\_\_\_ \_\_\_\_\_

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6513.01

Exhibit 6-4

7\. Provides a sufficient 15 day objection period \_\_\_\_\_ \_\_\_\_\_

Date advertisement published in the

newspaper: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date given as expiration of 15-day

objection: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Combined Notice

In addition to the above requirements, the combined Notice:

1\. Clearly indicates that the combined notice is

intended to meet two separate procedural

requirements. \_\_\_\_\_ \_\_\_\_\_

2\. Advises those submitting comments to indicate

which \"notice\" their comments address \_\_\_\_\_ \_\_\_\_\_

COMMENTS:

I have reviewed the Request for Release of Funds for the above

project, including the required certification, and find it

\_\_\_\_ acceptable \_\_\_\_\_ unacceptable (See comments above) in
accordance

with Part 58, Subpart C, Releases of Funds for Particular Projects.

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

Name of Reviewer

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

Title

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

Date

9/92 4

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6513.01

Exhibit 6-5

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NOTICE OF REMOVAL OF GRANT CONDITIONS

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HUD-7015.16 (1-78)

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