Consider and take appropriate action on a request to approve Environmental Exemption Determinations for the following Community Development Block Grant (CDBG)-funded projects and activities:
Staff Report & Agenda Item Details
The following Community Development Block Grant (CDBG) projects and activities are funded or may receive funding from one or more CDBG program years, including through annual allocations and substantial amendments:<br data-pasted="true">• Cardinal Hills Right-of-Way Street Improvement<br>• Home Rehabilitation Program<br>• Septic Rehabilitation Program<br>• Demolition Program<br><br>Prior to committing HUD funds, each project or activity must undergo the appropriate level of environmental review in accordance with 24 CFR Part 58. Certain activities are exempt from further environmental review pursuant to 24 CFR §58.34(a), except for the applicable requirements of 24 CFR §58.6. These environmental exemption determinations must be documented in writing.<br><br>The activities associated with the projects identified above that qualify for exemption under 24 CFR §58.34(a) are activities that do not have the potential to impact the human environment, such as conducting an environmental review, engineering and design costs, technical assistance and training, administrative and management activities, public services, and other specific activities, are exempt from environmental review, except for the applicable requirements of 24 CFR §58.6. The attached Environmental Exemption Determinations document the basis for each exemption and compliance with the applicable requirements of 24 CFR §58.6.<br><br>HUD requires the grantee's Certifying Officer to certify the findings of environmental reviews, including environmental exemption determinations.<br> <br>In the HUD grant agreement, which is signed by Travis County, it states: <br>"The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulation issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58.” <br><br>Per 24 CFR Part 58.2(A)(2): <br>"Certifying Officer means the official who is authorized to execute the Request for Release of Funds and Certification and has the legal capacity to carry out the responsibilities of Sec. 58.13." <br><br>Per Sec. 58.13: <br>"Under the terms of the certification required by Sec. 58.71, a responsible entity's certifying officer is the “responsible Federal official'' as that term is used in section 102 of NEPA and in statutory provisions cited in Sec. 58.1(b). The Certifying Officer is therefore responsible for all the requirements of section 102 of NEPA and the related provisions in 40 CFR parts 1500 through 1508, and 24 CFR part 58, including the related Federal authorities listed in Sec. 58.5. The Certifying Officer must also:<br>(a) Represent the responsible entity and be subject to the jurisdiction of the Federal courts. The Certifying Officer will not be represented by the Department of Justice in court; and<br>(b) Ensure that the responsible entity reviews and comments on all EISs prepared for Federal projects that may have an impac