Consider and take appropriate action on a request to approve the Environmental Exemptions for the following Program Year 2019 Community Development Block Grant CARES Act (CDBG-CV) projects with funding provided by HUD. (Judge Brown & Commissioner Gómez)
Staff Report & Agenda Item Details
Funded projects must go through the appropriate level of environmental review as required by HUD. Certain activities that do not have an impact on 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. This environmental exemption determination must be documented in writing. Attachments A and B provide this documentation, including compliance with 24 CFR §58.6, as applicable, for the projects listed above.<br data-pasted="true"><br>The projects listed above qualify for environmental exemption due to the nature of the project and its lack of impact on the human environment.<br><br>HUD requires an authority of the grantee to certify the findings of the environmental review, including any environmental exemptions.<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 impact on the recipient's program.”<br><br>The County Attorney’s Office has determined that the County Judge is identified as the Certifying Official, and is, therefore, responsible for signing the forms on behalf of the County.<br><br><br>