2. Resolution 5386 - Authorizing HOME Grant Submission - ASI201 1st Avenue East
Kalispell, MT 59901
406.758.7740
Fax: 406.758.7758
City of Kalispell • www.kalispell.com
Office of Community & Economic Development
To: Honorable Mayor Pamela B. Kennedy and City Council Members
From: Katharine Thompson, Community Development Manager
Subject: Resolution authorizing; submission of Montana Department of
Commerce, Housing Division HOME Investment Partnerships
Program Grant
Meeting Date: September 8, 2009
Background: The City of Kalispell, Community and Economic Development
Department has been asked by Accessible Space, Inc. (ASI) to submit an application on
their behalf to the Montana Department of Commerce, Housing Division for a HOME
Investment Partnerships Program grant. The grant will request up to $350,000.
Accessible Space, Inc. (ASI) is developing the Kalispell, Montana E1derHousing
Development. The development has received a funding award of $3,519,000 from the
U.S. Department of Housing and Urban Development's (HUD) Section 202 Program.
Additional funds are being sought from the Montana Department of Commerce, HOME
Program to complete the funding package.
The Kalispell, Montana E1derHousing Development will be new construction located on
a site on Grandview Drive in Kalispell. The building will be constructed to serve as an
independent living facility for twenty-two seniors and/or frail elderly as defined by the
HUD Section 202 Program Guidelines. The building will be designed to provide space
for necessary services for the residents which may include, but not be limited to, health
care; continuing education; community services; information and referral; recreation;
homemaking, nutritional and meal provision; counseling; and facilitation and
coordination of transportation services, as available. Common areas and community
spaces will be designed for persons needing accessibility features.
The total number of units is twenty-three. Of these units, twenty-two will be one -
bedroom units (maximum of 540 square feet) with a two -bedroom unit (maximum of 800
square feet) for an on -site caretaker. Four of the units will be fully accessible with roll in
showers and fully accessible kitchens. Additional units will have kitchens and baths that
can be adapted so that these units could be converted to fully accessible apartments as
necessary. All living units will be designed to accommodate the special needs of the
elderly. The building's residents will pay no more than 30% of their adjusted gross
income in rent.
Construction start is anticipated in July 2010 with building completion in May 2011.
The grant request is to address the necessary costs of site improvements required by the
City to better meet the needs of the neighborhood. Accessible Space, Inc. has secured a
private contribution to meet the 5% match requirement under the grant program.
Recommendation: Staff recommends City Council approve the Resolution
authorizing Community and Economic Development Department staff to submit a
Montana Department of Commerce, HOME Investment Partnerships (HOME) Program
grant application.
Fiscal Impact: This HOME grant application is being managed as a pass thru
grant with minimal costs and minimal soft -cost reimbursement.
Alternatives: As suggested by Council.
Respectfully submitted,
Jane Howington
City Manager
K�athafine Thompson
Community Development Manager
A RESOLUTION TO AUTHORIZE SUBMISSION OF APPLICATION ANT,
AGREEMENT TO CERTIFICATIONS FOR APPLICATION O.► MONTANA
DEPARTMENT OF COMMERCE HOME INVESTMENT PARTNERSHIPS (HOME)
PROGRAM.
WHEREAS, the City of Kalispell seeks authorization for the submission of the Uniform
Housing Application to the Montana Department of Commerce for a HOME
Investment Partnership Program Grant by the City of Kalispell for the purpose of
receiving funds to assist Accessible Space, Inc. (ASI) in developing the Kalispell,
Montana E1derHousing Development; and
WHEREAS, the development has received a funding award of $3,519,000 from the U.S.
Department of Housing and Urban Development's (HUD) Section 202 Program
and the additional funds that are being sought from the Montana Department of
Commerce, HOME Program is needed to complete the funding package; and
WHEREAS, the development will be new construction located on a site on Grandview Drive in
Kalispell to serve as an independent living facility for twenty-two seniors and/or
frail elderly as defined by the HUD Section 202 Program Guidelines; and
WHEREAS, ASI has secured a private contribution to meet the 5% match requirement under
the grant program.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the City of Kalispell hereby certifies that it has disclosed all forms of
governmental assistance requested or provided for this project in the
Sources of Funds Statement and that if additional governmental assistance
is sought in the future, the HOME Program shall be notified promptly.
SECTION 2. That if selected for funding, the City of Kalispell agrees to comply with
the HOME Program requirements, regulations, statutes, terms and
conditions described in the HOME Certifications for Application (pages 1-
2 through 1-13) found within the FFY 2009 HOME Application
Guidelines attached hereto as Exhibit "A" and incorporated fully herein by
this reference.
SECTION 3.That the City Manager is authorized to submit this application to the
Montana Department of Commerce, on behalf of the City of Kalispell to
act on behalf of the applicant and to provide such additional information
as may be required.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 8TH DAY OF SEPTEMBER, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
•
Each applicant must agreeto comply with all applicable State and Federal
• regulations in implementing their proposed # ' project.
Listed in the following Certifications for Application are the most important Federal
regulations that apply to projects using HOME funds. They cover a wide range of issues
including environmental impacts, labor standards, employment practices, financial
procedures, and civil rights, many of which can affect the costs or complexity of project
implementation. Each Federal law or regulation is annotated to give the applicant a
general understanding of the requirements that must be met. This is a brief summary,
and not intended to be a comprehensive description of each law. Local officials who
have any questions or concerns regarding the applicability of these requirements should
contact the HOME Program for guidance.
CERTIFICATIONS FOR APPLICATION
•
The applicant hereby certifies that:
ACCEPTANCE OF HOME PROGRAM REQUIREMENTS
It will comply with all applicable parts of the National Affordable Housing Act of 1990,
which have not been cited herein, as well as with other applicable Federal laws and
regulations.
It will comply with all requirements established by the Montana Department of
Commerce and applicable State laws, regulations, and administrative procedures.
It accepts the terms, conditions, selection criteria, and procedures established by the
Montana HOME Investment Partnerships (HOME) Program and expressly waives any
statutory or common law right it may have to challenge the legitimacy and propriety of
these terms, conditions, criteria, and procedures in the event that it is not selected for
an award of HOME funds.
ACQUISITION, DISPLACEMENT AND RELOCATION
It will minimize displacement as a result of activities assisted with HOME funds and
assist persons actually displaced.
It will comply with The Uniform Relocation Assistance and Real Prosy Acquisition
Policies Act of 1970 (The Uniform Act - URA), 42 U.S.C. 4201-4655, as amended
(including Section 104(d) the Barney Frank Amendment), and the implementing
regulations in 49 CFR, Part 24 and 24 CFR Part 42. These laws and accompanying
regulations require the grantee to provide relocation payments and offer relocation
assistance to all persons displaced as a result of an activity assisted under the HOME
Program. Such payments and assistance must be provided in a fair, consistent and
equitable manner that ensures that the relocation process does not result in a different
or separate treatment of such persons on account of race, color, religion, national origin,
sex, source of income, age, handicap, or familial status (families with children). The
grantee must assure that, within a reasonable period of time prior to displacement,
decent, safe and sanitary replacement dwellings will be available to all displaced
families and individuals, and that the range of choices available to such persons will not
vary on account of their race, color, religion, national origin, sex, source of income, age,
handicap, or familial status (families with children); that such individuals or families are
reimbursed for all reasonable out-of-pocket expenses incurred in connection with the
relocation; and that appropriate advisory services are made available to such displaced
persons; and
It will adopt a formal resolution that outlines in detail the specific policies and
procedures it will follow in conforming to the laws and regulations relating to acquisition,
displacement and relocation. This resolution must include, at a minimum, the
requirements set forth in the Anti -displacement and Relocation Assistance Plan (Exhibit
6-J, HOME Program Administration Manual) adopted by the Montana Department of
Commerce for the Montana HOME Program.
PROPERTY STANDARDS
Since HOME funded properties must meet certain minimum property standards, it will
comply with applicable property standards:
State and local standards: State and local codes and ordinances apply to any HOME -
funded project regardless of whether the project involves acquisition, rehabilitation or
new construction.
Model codes: For rehabilitation or new construction projects where there are not State
or local building codes, the applicant must enforce the national model codes as
detailed in the HOME Guidelines.
Housingg uality standards: For acquisition -only projects, if there are no State or local
codes or standards, the applicant must enforce Section 8 Housing Quality Standards
(HQS). All housing occupied by tenants receiving tenant -based rental assistance
must meet Section 8 HQS.
Rehabilitation Standards: Each applicant must develop written rehabilitation standards
to apply to all HOME -funded rehabilitation work. These standards are similar to work
specifications and generally describe the methods and materials to be used when
performing rehabilitation activities.
Model Energy Code: New construction requires compliance with the Model Energy
Code.
Handicapped accessibility: In some cases, handicapped accessibility requirements
apply. See the HOME Application Guidelines, Management Plan Template (Exhibit
14) for specifics.
Site and neighborhood standards: For new construction of rental housing, an applicant
must meet the site and neighborhood standards of 24 CFR 983.6(b), which places
limiting conditions on building in areas of "minority concentration" and "racially
mixed" areas.
Construction and safety standards: All new manufactured housing must meet the
construction and safety standards of 24 CFR 3280. New manufactured housing must
be installed according to State or local codes or the manufacturer's written
instructions.
CITIZEN PARTICIPATION
It will comply with the instructions in the HOME Application Guidelines with regard to
citizen participation.
NON DISCRIMINATIONAND EQUAL ACCESS
It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as
amended, and the regulations issued pursuant thereto (24 CFR, Part 1), which states
that no person may be excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity receiving Federal financial
assistance on the basis of race, color or national origin. Applicant will immediately take
any measures necessary to effect this assurance. If any real property or structure
thereon is provided or improved with the aid of Federal financial assistance extended to
the applicant, this assurance shall obligate the applicant, or in the case of any transfer
of such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended, or
for any other purpose involving the provision of similar services or benefits.
It will comply with The Fair Housing Act (42 U.S.C. 3601-3620) its the implementing
regulations (24 CFR Part 100-115), and the Montana Human Rights Act (49-2-305,
MCA) which prohibits discrimination in the sale or rental of housing, the financing of
housing or the provision of brokerage services against any person on the basis of race,
color, religion, sex, age, marital status, national origin, handicap or familial status.
Per Section 104(b)(2) of the Fair Housing Act, it will administer programs and activities
relating to housing in a manner that affirmatively furthers fair housing.
It will comply with Equal Opportunity in Housing Executive Order 11063 as amended by
Executive Order 12259 and the implementing regulations found in 24 CFR Part 107
which prohibits discrimination against individuals on the basis of race, color, religion,
sex or national origin in the sale, rental, leasing or other disposition of residential
property, or in the use or occupancy of housing assisted with Federal funds.
It will comply with the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101)
and its implementing regulations (24 CFR Part 146) which prohibit age discrimination in
programs receiving Federal financial assistance.
AFFIRMATIVE MARKETING
It will adopt affirmative marketing procedures for HOME assisted housing in accordance
with 24 CFR 92.351. These procedures will be designed to actively provide information
and other means to attract eligible persons from all racial, ethnic, and gender groups to
the available housing. These procedures must include methods for informing the public,
owners, and potential tenants which will incorporate the use of Equal Housing
Opportunity logotype and slogans in press releases and other communications, and
specific efforts to inform and solicit applications from persons not likely to apply for the
housing without special outreach.
It will maintain such records as necessary to allow HOME officials to annually assess
the affirmative marketing program in order to determine the success of affirmative
marketing actions and require any necessary corrective actions.
ACCESSIBILITY
It will comply with:
Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225)
which provides comprehensive civil rights to individuals with disabilities in the areas
of employment, public accommodations, State and local government services and
telecommunications. The Act also states that discrimination includes the failure to
design and construct facilities that are accessible to and usable by persons with
disabilities. The ADA also requires the removal of architectural and communication
barriers that are structural in nature in existing facilities. Removal must be readily
achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
Fair Housing Act: Multi -family dwellings must also meet the design and construction
requirements of 24 CFR 100.205 which implement the Fair Housing Act (42 U.S.C.
3601-19)
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination in Federally
assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and
activities that receive Federal funds. These requirements fall under four general
headings: physical barriers, program accessibility, employment accessibility and
administrative.
CONSOLIDATED PLAN
It will ensure that its Equal Opportunity and Fair Housing policies for the HOME project
are consistent with the current State of Montana Consolidated Plan.
EMPLOYMENT T AND CONTRACTING
It will comply with:
Equal Employment Opportunity, Executive Order 11246, as amended, and its
implementing regulations (41 CFR Part 60) which prohibit discrimination against any
employee or applicant for employment because of race, color, religion, sex or
national origin. Provisions to effect this prohibition must be included in all
construction contracts exceeding $10,000.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) and its
implementing regulations (24 CFR, Part 135) which require that, in connection with
the planning and carrying out of any project assisted under the Act, to the greatest
extent feasible, opportunities for training and employment be given to lower -income
persons residing within the program service area. The Act also requires that, to the
greatest extent feasible, contracts for work in connection with the project be awarded
to eligible business concerns which are located in, or owned by, persons residing in
the program service area. The grantee must assure good faith efforts toward
compliance with the statutory directive of Section 3.
Minority/Women's Business Enterprise --Executive Orders 11625, 12432, and 12138,
which require that concerted efforts be made to encourage the use of minority and
women's business enterprises in connection with HOME -funded activities. The
grantee must make concerted efforts to include, to the maximum extent possible,
minorities and women, and entities owned by minorities and women, including, but
not limited to, real estate firms, construction firms, appraisal firms, management
firms, financial institutions, investment banking firms, underwriters, accountants, and
providers of legal services in the procurement of property and services connected
with HOME project activities.
DRUG FREE WORKPLACE
It will ensure that it will adopt a policy to provide a drug free workplace.
FINANCIAL MANAGEMENT
It will comply with the applicable requirements of:
OMB Circular A-87, Cost Principles for State and Local Governments.
OMB Circular 122, Cost Principles for Non -Profit Organizations.
Administrative Requirements for Grant and Cooperative Agreements to State Local
and Federally Recognized Indian Tribal Governments (24 CFR Part 85) or Grants and
Agreements with Institutions of Higher Education Hospitals and Other Non -Profit
Organizations (24 CFR Part 84). The HUD Administrative Requirements are the basis
for a number of specific requirements on the financial management and record keeping
of HOME funds. The requirements primarily apply to cash depositories, bonding and
insurance, record keeping, program income, property management, procurement,
closeout, and audit.
The Single Audit Act of 1984, as amended, which establishes criteria for determining
the scope and content of audits and with OMB Circular A-133, Audits of States, Local
Governments and Non -Profit Organizations.
It will promptly refund to the Montana Department of Commerce any HOME funds
determined by an audit to have been spent in an unauthorized or improper manner or
for ineligible activities.
It will give the Montana Department of Commerce, HUD, the Comptroller General, and
the Montana Legislative Auditor, through any authorized representatives, access to and
the right to examine all records, books, papers, or documents related to the grant.
LABOR REQUIREMENTS
It will comply with:
Copeland (Anti -Kickback) Act (40 U.S.C. 276c) which governs the allowable deductions
from paychecks. The Act makes it a criminal offense to induce anyone employed on a
Federally assisted project to relinquish any compensation to which he/she is entitled,
and requires all contractors to submit weekly payrolls and statements of compliance.
Fair Labor Standards Act of 1938 as amended (29 U.S.C. 201, et seq.) which
establishes the basic minimum wage for all work and requires the payment of
overtime at the rate of at least time and one-half. It also requires the payment of
wages for the entire time that an employee is required or permitted to work and
establishes child labor standards.
For every contract for construction of housing (rehabilitation or new) that contains 12
or more HOME assisted units, it will comply with:
Davis -Bacon and Related Acts (40 U.S.C. 276(A)-7) which ensure that mechanics and
laborers employed in construction work under Federally -assisted contracts are paid
wages and fringe benefits equal to those that prevail in the locality where the work is
performed.
Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. 327-333)
which provides that mechanics and laborers employed on Federally assisted
construction jobs are paid time and one-half for work in excess of 40 hours per week
and provides for the payment of liquidated damages where violations occur. The Act
also addresses safe and healthy working conditions.
CONTRACTING AND PROCUREMENT
It will comply with all applicable procurement standards detailed in the appropriate
year's HOME Administration Manual, including general procurement requirements,
procurement of services, procurement by small purchase procedure, and construction
bidding and contracting.
It will not award or use HOME funds to directly or indirectly employ, award contracts to,
or otherwise engage the services of any contractor during any period of debarment,
suspension, or placement of ineligibility status.
It will require that all participants in lower -tier transactions (i.e., subcontractors) will
comply with all requirements contained in 24 CFR Part 24, which requires such parties
to certify that they are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from the covered transaction.
LEGAL AUTHORITY
It possesses legal authority to apply for the grant and to execute the proposed project
under Montana law and, if selected to receive a HOME Investment Partnership Program
Grant, will make all efforts necessary to assure timely and effective implementation of
the project activities described in the attached application.
It certifies that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee or any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
POLITICAL ACTIVITY
°I IT
It will comply with the Hatch Act (5 U.S.C. 1501, et seq.; 5 CFR Part 151) which restricts
the political activity of individuals principally employed by a State or local agency in
connection with a program financed in whole or in part by Federal loans or grants. An
affected employee may not be a candidate for public office in a partisan election.
CONFLICT OF INTEREST
It will comply with the provisions of 24 CFR 92.356 and with sections 2-2-125, 2-2-201,
7-3-4367, 7-5-2106, and 7-5-4109, MCA (as applicable) regarding the code of ethics
and the avoidance of conflict of interest. If a person is an employee, agent, consultant,
officer, elected official or appointed official, or is a State recipient or subrecipient of
HOME funds and has HOME -related responsibilities or access to inside information,
that person may not obtain a financial benefit or interest from any HOME activity for
themselves or those with whom they have family or business ties during their tenure or
for one year thereafter.
ENVIRONMENTAL REQUIREMENTS
AI QUALITY
It will comply with the Clean Air Act (42 U.S.C. 7401, et seq.) which prohibits engaging
in, supporting in any way or providing financial assistance for, licensing or permitting, or
approving any activity which does not conform to the State implementation plan for
national primary and secondary ambient air quality standards.
ENVIRONMENTAL IMPACT
It will comply with:
Subpart H of the National Affordable Housing Act of 1990 with regard to the
environmental impact of HOME -funded activities (24 CFR, Part 92, Section 92.352.)
This section expresses the intent that "the policies of the National Environmental
Policy Act of 1969 and other provisions of law which further the purposes of such Act
be most effectively implemented in connection with the expenditure of funds under"
the Act. Such other provisions of law which further the purpose of the National
Environmental Policy Act of 1969 are specified in regulations issued pursuant to
Section 104(f) of the Act and contained in 24 CFR, Part 58; and
The National Environmental Policy Act of 1969 (42 U.S.C. Section 4321, et seq. and 24
CFR, Part 58). The purpose of this Act is to attain the widest use of the environment
without degradation, risk to health or safety or other undesirable and unintended
consequences. Environmental review procedures are a necessary part of this
process. These requirements are substantially the same as those for the Rental
Rehabilitation Program, except that reviews for new construction and substantial
rehabilitation activities may require substantially more detail. Pursuant to these
provisions, the grantee must also submit environmental certifications to the
Department of Commerce when requesting that funds be released for the project.
The grantee must certify that the proposed project will not significantly impact the
environment and that it has fulfilled its obligations to give public notice of the funding
request, environmental findings and compliance performance. Special issues
relating to environmental responsibility for HOME projects include:
— Guidelines concerning floodplains and wetlands in new construction (see related
section in this document).
— All requirements outlined in 24 CFR, Part 35, which contains the regulations
implementing the Lead -Based Paint Poisoning Prevention Act; as well as the
new guidelines prepared by HUD to address such new issues as control and
clean-up of lead dust and lead hazards associated with abatement activities.
— Disposal of lead -filled filters, lead -painted debris, and clean-up and shower water
containing lead.
— Handling and disposal of asbestos.
— Noise abatement in new construction.
Its chief executive officer or other office of applicant approved by the State:
— Consents to assume the status of responsible Federal official under the National
Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as
specified in 24 CFR, Part 58, which further the purposes of NEPA, insofar as the
provisions of such Federal law apply to the HOME Investment Partnership
Program.
— Is authorized and consents on behalf of the applicant and himself to accept the
jurisdiction of the Federal courts for the purpose of enforcement of his
responsibilities as such an official.
It acknowledges that all necessary environmental reviews must be completed, and
Requests for Release of Funds (RROF) completed and approved for submission to
HUD before HOME funds will be committed.
EFTA LIST OF VIOLATING FACILITIES
It will ensure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the program are not listed on the U.S. Environmental
Protection Agency's (EPA) List of Violating Facilities and that it will notify the
Department of Commerce of the receipt of any communication from the EPA Office of
Federal Activities indicating that a facility to be used in the project is under consideration
for listing by EPA.
FARMLANDS PROTECTION
It will comply with the Farmlands Protection Policy Act of 1981 (7 U.S.C. 4202, et seq.)
and any applicable regulations (7 CFR, Part 658) which established compliance
procedures for any Federally assisted project which will convert farmlands designated
as prime, unique or statewide or locally important to non-agricultural uses.
FLOO PLAIN MANAGEMENT AND WETLANDS PROTECTION
It will comply with:
The Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved
December 31, 1973. Section 102(a) required that, on and after March 2, 1974, the
purchase of flood insurance in communities where such insurance is available, and
participation by the community in the National Flood Insurance Program, as
conditions for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of
the Department of Housing and Urban Development as an area having special flood
hazards. The phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect Federal assistance.
Executive Order 11988, May 24, 1978: Floodplain Management (42 F.R. 26951, et
seq.). The intent of this Executive Order is to (1) avoid, to the extent possible,
adverse impacts associated with the occupancy and modification of floodplains; and
(2) avoid direct or indirect support of floodplain development wherever there is a
practical alternative. If a grantee proposes to conduct, support or allow an action to
be located in the floodplain, the grantee must consider alternatives to avoid adverse
effects and incompatible involvement in the floodplains. If siting in a floodplain is the
only practical alternative, the grantee must, prior to taking any action: (1) design or
modify its actions in order to minimize a potential harm to the floodplain; and (2)
prepare and circulate a notice containing an explanation of why the action is
proposed to be located in a floodplain.
Executive Order 11990, May 24, 1977: Protection of Wetlands (42 F.R. 26961, et seq.).
The intent of this Executive Order is to avoid adverse impacts associated with the
destruction or modification of wetlands and direct or indirect support of new
construction in wetlands, wherever there is a practical alternative. The grantee must
avoid undertaking or providing assistance for new construction located in wetlands
unless there is no practical alternative to such construction and the proposed action
includes all practical measures to minimize harm to wetlands which may result from
such use.
NOISE, FACILITY SITING
It will comply with HUD Environmental Standards (24 CFR, Part 51, Environmental
Criteria and Standards and 44 F.R. 40860-40866, July 12, 1979) which prohibit HUD
support for most new construction of noise -sensitive uses is prohibited in general for
projects with unacceptable noise exposures is discouraged for projects with normally
unacceptable noise exposure. Additionally, projects may not be located near facilities
handling materials of an explosive or hazardous nature, or in airport clear zones.
SOLID WASTE
It will comply with the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (42 U.S.C., Section 6901, et seq.). The
purpose of this Act is to promote the protection of health and the environment and to
conserve valuable material and energy resources.
WATER QUALITY
It will comply with:
The Safe Drinking Water Act of 1974 (42 U.S.C. Section 201, 300(f) et seq., and U.S.C.
Section 349), as amended, particularly Section 1424(e) (42 U.S.C. Section 3001-1-
303(e)), which is intended to protect underground sources of water. No commitment
for Federal financial assistance can be entered into for any project which the U.S.
Environmental Protection Agency determines may contaminate an aquifer which is
the sole or principal drinking water source for an area.
The Federal Water Pollution Control Act of 1972, as amended, including the Clear
Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251, et seq.), which
provides for the restoration and maintenance of the chemical, physical and biological
integrity of the nation's water.
It will comply with:
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The intent
of this Act is to ensure that all Federally assisted projects seek to preserve
endangered or threatened species. Federally authorized and funded projects must
not jeopardize the continued existence of endangered and threatened species or
result in the destruction or modification of habitat of species or such species which is
determined by the U.S. Department of the Interior, after consultation with the State,
to be critical.
The Fish and Wildlife Coordination Act of 1958, as amended (U.S.C. 661 et seq.). The
purpose of this Act is to preserve selected rivers or sections of rivers in their free -
flowing condition, to protect the water quality of such rivers and to fulfill other vital
national conservation goals. Federal assistance by loan, grant, license or other
mechanism cannot be provided to water resources construction projects that would
have a direct and adverse effect on any river included or designated for study or
inclusion in the National Wild and Scenic River System.
HISTORIC PRESERVATION
It will comply with:
Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, as
amended) through completion of the procedures outlined in 36 CFR 800 and 36
CFR 63. Compliance with these procedures should include:
Consulting with the State Historic Preservation Office (SHPO) to identify
properties listed in or eligible for inclusion in the National Register of Historic
Places that exist with a proposed HOME project's area of potential environmental
impact, and/or to determine the need for professional archaeological, historical,
or architectural inventory of potentially affected properties to determine whether
they would qualify for register listing.
Consulting, as needed, with the SHPO, Keeper of the National Register of
Historic Places, and the Advisory Council on Historic Preservation to evaluate the
significance of historic or prehistoric properties which could be affected by HOME
work and to determine how to avoid or mitigate adverse effects to significant
properties from project work.
LEAD -BASED PAINT
It will comply with Title IV of the Lead -based Paint Poisoning Prevention Act (42 U.S.C.
4821 et seq. and 24 CFR Part 35), which prohibits the use of lead -based paint in
residential structures constructed or rehabilitated with Federal assistance of any kind.
The lead -based paint provisions of § 982.4010) also apply, irrespective of the applicable
property standard under § 92.251. In a project in which not all units are assisted with
HOME funds, the lead -based paint requirements apply to all units and common areas in
the project. Unless otherwise provided, the participating jurisdiction is responsible for
testing and abatement activities.