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August 7, 2013

Re: Sandy Rebuild-HUD Environmental Reviews

Dear Mayor,

For those communities rebuilding after Super Storm Sandy, the League would like to make you aware of HUD’s policy of adopting FEMA environmental reviews in lieu of its own reviews. This would mean that when a grantee has received a FEMA environmental review for a project funded by a FEMA grant, HUD will adopt that review rather than require its own.

The Hurricane Sandy Supplemental Appropriation (H.R. 152) permits HUD grantees the ability to adopt environmental reviews performed by other Federal agencies when the HUD grantee is providing supplemental assistance to actions under the Stafford Act such as: 1)general federal assistance (§402); 2)essential assistance (§403);3) hazard mitigation(§ 404); 4) repair, restoration and replacement of damaged facilities (§ 406); 5) debris removal (§407); or 6) federal emergency assistance (§ 502). HUD’s guidance memorandum can be found at:  https://onecpd.info/resources/documents/AdoptionFEMAOtherFederalEnvironmentalReviewProcessingSandy.pdf  Please note that at this time HUD is only accepting FEMA reviews.

In order to take advantage of HUD’s acceptance of FEMA’s environmental review the grantee must first obtain a completed electronic or paper copy of the FEMA’s review and retain a copy in its environmental records. Then the grantee must notify HUD or the State (if the state is acting as HUD under 24 CFR 58.18) that FEMA’s review is being used. That notification must be stated on a Request for Release of Funds form 7015.15.

There is no publication or posting requirement when a FEMA review is adopted. At this point HUD is only adopting FEMA reviews; however FEMA will not adopt a HUD review in lieu of its own. We will advise you if HUD expands the acceptance of Federal Agency reviews.

The League will be hosting a seminar at the PNC Bank Arts Center at Holmdel on September 18 to discuss this, along with other issues related to the Sandy Rebuild as mentioned in our July 15 letter.

If you have any question please contact Ed Purcell Esq at (609) 695-3481 x 137 or epurcell@njslom.com.

Very truly yours,

William G. Dressel Jr.
Executive Director

 

 

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