HUD Environmental Review Online System HEROS Training for Tribes and Partners JULY 18, 2018
Purpose of Conducting Environmental Reviews Assurance that HUD projects are decent, safe, and sanitary Analysis of the impact of a project on the surrounding environment and the impact the surrounding environment will have on a project Documentation of compliance with up to 17 federal environmental laws and authorities Public documents that encourage public participation Requirement under the National Environmental Policy Act (NEPA) Requires all Federal agencies to adopt a systematic interdisciplinary approach to decision making to ensure environmental values are considered *For training resources on environmental review, please view the WISER modules and environmental resources on the HUD Exchange
Environmental Review Record (ERR) NEPA administrative record for each project Includes maps, correspondence, determinations, findings, photographs, plans, public notices, etc. Public has the right to review Maintain with the public s interest in mind Must use correct formats Previously: Form HUD 4128, Form 7015.15, Form 7015.16 Now: HEROS Form HUD 4128, HEROS Form 7015.15, HEROS Form 7015.16
What is HEROS?
What is HEROS? HEROS is a HUD system that replaces HUD s current paper based environmental review process: Form 4128 Form 7015.15 Form 7015.16 Worksheets and paper formats HEROS walks users through the entire environmental review process from beginning to end, including compliance with related laws and authorities. It works for Part 50 and Part 58 environmental reviews in all HUD programs.
HEROS Availability HEROS was introduced to programs/users on a rolling schedule. ONAP is participating in a HEROS pilot through October 2018. ONAP pilot participants (Tribes, TDHEs, consultants, and PHAs) may register for HEROS and use it to conduct environmental reviews. Pilot participants will provide feedback during the pilot period ONAP and the HEROS team will hold monthly webinars to gather feedback on the functionality of HEROS for ONAP programs and grantees. Starting in November 2018, HUD will open up HEROS registration to all Tribes and their partners. The Partner User Role in HEROS is only available to ONAP pilot participants, FHA Multifamily, and the RAD program at this time. HUD plans to allow Partners to use HEROS for Public Housing and CPD reviews later in 2018
HEROS Pilot Participants North Circle Indian Housing Authority Cherokee Nation Chickasaw Nation Metlakatla Regional Housing Authority Tlingit Haida Regional Housing Authority Knik Tribe Interior Regional Housing Authority Choctaw Naton Rosebud Sioux Tribe Aleutian Housing Authority with Agdaagux Tribe of King Cove Confederated Tribes of Siletz Indians Hannahville Indian Community Aroostook Band of Micmacs Department of Hawaiian Homelands Eastern Shoshone Housing Authority Paiute Indian Tribe of Utah Crow Tribe
Who s Who in HEROS? HUD Preparer Responsible Entity (RE) Tribe Partner TDHEs 3 rd Party Consultants ECO FEO/REO review and comment on EAs over 200 units
HEROS has Four Basic User Roles HUD Perform Part 50 reviews Approve, monitor Part 58 reviews Responsible Entities Perform Part 58 reviews User Roles in HEROS Partners Assist HUD and REs with Part 50 and Part 58 reviews State Agencies Act as HUD for certain CPD programs
Environmental Reviews: Part 58: Tribes prepare the environmental review and Request for Release of Funds, submit to HUD for completion of the Authority to Use Grant Funds. If the Tribe works with a TDHE or third party consultant, those partner users may enter supporting documentation into HEROS. The Tribe must independently evaluate their work & complete the environmental reviews before submitting to HUD. Part 50: HUD prepares the environmental review and may work with TDHEs or their consultants to assist with the supporting documentation. If HUD works with a TDHE or their consultant, those partner users may enter supporting documentation into HEROS. HUD must independently evaluate their work & finalize the environmental reviews. Certain aspects of environmental review (e.g. agency consultation) must be completed by the Tribe or HUD.
Partner Users and Organizations Partner User Joe Consultant Jane Doe Partner Organization Enviro Consultants Inc. (or also TDHE) TDHE Responsible Entity/HUD Tribe HUD
HEROS Process for Partners 1. With this pilot, Tribal partners can now input this information directly into HEROS. HEROS screens are equivalent to the Partner Worksheets on the HUD Exchange. 2. Partners can enter information in HEROS up to a certain point in the review, after which they will be required to assign the review to the Tribe or to HUD.
Part 50: HEROS Process for HUD Preparers HUD preparer reviews information directly in HEROS Follow up with partners for any missing information Complete all findings and determinations that must be made by HUD Get all required signatures in HEROS
Part 58: HEROS Process for RE Preparers Tribe reviews information directly in HEROS Follow up with partners for any missing information Complete all findings and determinations that must be made by the Tribe/RE Submit the Request for Release of Funds (RROF) to HUD
Part 58 Example Process Partner User (TDHE/Consultant) initiates review, enters project information Partner User (TDHE/Consultant) conducts initial analysis, uploads maps and documents Responsible Entity (Tribe) reviews information entered by third party provider, makes findings and determinations, submits RROF to HUD HUD User reviews RROF, authorizes AUGF
Conducting A Review in HEROS
Cheat Sheets Cheat sheets will have detailed information on how to comply with Program requirements
Initiate Initiate the review in HEROS and define project Tribe or Partner must initiate review Steps in the Environmental Review Determine Comply Determine the level of review Partners may make initial recommendation, but final determination must be made by the Tribe or HUD Conduct the analysis and comply with related environmental laws and authorities Partners should initiate, but many steps must be completed by the Tribe or HUD Finalize Finalize review The Tribe or HUD must make findings and determinations, sign and post environmental review record
Logging In B12345
HEROS Dashboard
Getting Started
Initial Screen 22
Entering Partner Information
Text Tips
Project Summary Screen
Project Summary Screen Field on Screen 1125 Description of the proposed project Address Location Information Upload Field Inspection Response for Either Program Provide a project description that captures the maximum anticipated scope of the proposal. It should include all contemplated actions which logically are, either geographically or functionally, a composite part of the project, regardless of the source of funding. Describe all physical aspects of the project, such as plans for multiple phases of development, size and number of buildings, and activities to be undertaken. Include details of the physical impacts of the project, including whether there will be ground disturbance. If more space is required, upload a separate document below. Provide a representative street address for the project If the project involves new construction, affects more than one street address, or otherwise requires further explanation, describe the full geographic scope of the project in this space Upload any site maps, photos, and other information on the project description and location Leave this section for HUD or the Tribe to complete
Project Description: Meaningful project descriptions include Location describe so the public can locate Purpose and Need describe what is being done and why it is necessary Project Beneficiaries (i.e. affordable housing project, mixed use housing project, market rate housing project) Description provide complete details about the project/what will be done All activities (e.g. new construction of multifamily or single family housing, rehabilitation of existing buildings) Physical description of existing and/or proposed new buildings Timeframe for implementation Size of the project (area coverage, disturbance footprint, number of units, population served) All funding sources All development partners Note for Partners: Review by the HUD (for Part 50 reviews) or Tribal preparer (for Part 58 reviews) for accuracy and completeness is required
Determining Level of Review If the review is started by a partner (TDHE, consultant), the preparer may make a preliminary level of review selection Only the Tribe or HUD can make the final level of review determination, and must approve Partner s selection Refer to the HUD Exchange for information on determining level of review
Level of Review Guidance Exempt Environmental studies Technical assistance Categorically Excluded not Subject to 58.5 (CENST) Supportive services Operating costs Categorically Excluded Subject to 58.5 (CEST) Acquisition Minor repairs Minor single family rehab Disposition Environmental Assessment (EA) New construction or major rehab Full NEPA review ECO signoff is required if 200+ units Environmental Impact Statement (EIS) New construction or sub rehab affecting 2,500+ units/beds or with a significant impact See CEQ regs 29
Selecting a Level of Review
Analysis and Compliance with Related Laws and Authorities Requirements in 24 CFR 58.5 & 58.6: Historic Properties Farmlands Protection Floodplains Coastal Zone Management Coastal Barrier Resources Sole Source Aquifers Endangered Species Wild & Scenic Rivers Air Quality Noise Explosive & Flammable Hazards Airport Clear Zones Contaminated Sites Environmental Justice Flood Insurance Wetlands
Related Laws and Authorities as a Partner A Partner cannot legally complete the full analysis and compliance steps for all laws and authorities E.g. Section 106 consultation, 8 Step Process You may make suggestions and initial analysis, but the Tribe or HUD will make final determinations To ensure that Tribes review each related law and authority, Partners may not reply to the final question on each screen ( Are formal compliance steps or mitigation required? ) However, HEROS requires that each screen be fully complete before you can upload documents Respond to all questions using your best suggestions for HUD or the RE Tribe In the compliance determination box, explain your actions and suggestions Be explicit about which responses are final and which are advisory Tribes and HUD will complete these screens using your feedback
Partner Worksheets 33
Tribe or HUD Preparer Partner Can Initiate 34
Floodplain Management Partners should create a FIRMette with the site marked and identify whether the project site contains any floodplains Make a preliminary suggestion as to whether an exception in 24 CFR 55.12 applies If the 8 Step or 5 Step Process is required, work with the Tribe or HUD to complete that process Partners should not conduct any part of the 8 or 5 Step Process without first consulting with the Tribe or HUD
Partner Entries in HEROS
Tribe or HUD Entries in HEROS
Wetlands Protection If project involves ground disturbance: Use the National Wetlands Inventory as a preliminary screening tool to determine whether the site contains a wetland Provide secondary sources (e.g. National Soil Survey, state/local information) as necessary If so, consult with the Tribe or HUD to determine whether to consult with US Fish and Wildlife or complete a wetlands delineation survey If 8 Step Process is required, coordinate with the Tribe or HUD: only the RE/HUD may complete the 8 Step Process
Endangered Species Partners should not contact of the US Fish and Wildlife Service or NOAA Fisheries. If consultation is required, Partners should coordinate with HUD.
Historic Preservation Partners should not contact State Historic Preservation Officers (SHPOs) or Tribal Historic Preservation Officers (THPOs) Make a preliminary suggestion regarding the consulting parties and the effects determination Describe your conclusions If the project includes ground disturbance or is in or near a historic building or a historic district, coordinate with the Tribe as soon as possible
Environmental Assessments 45
EA Factor Guidance
EAs in HEROS 47
HEROS Hint: Save Your Work Often! 48
Mitigation Measures 49
Final Screen: Partners
Save this document and email it to the Tribe or HUD when you assign the review 51
Assigning the Review: Partners Follow up outside the system to make sure the new assignee is available before assigning the review. Part 58: Assign the review to your Tribal RE contact Part 50: Assign the review to your HUD ONAP contact (Grants Management Specialist) Both assignee and assignor will receive a system generated email. The only people who can change an assignment are the current Assigned User and users with Admin privileges. If you assign a review and need to change it back, you must work with an Admin User to get it back.
Assigning the Review
Assignment History Screen
Posting to the HUD Exchange Completed environmental reviews will be archived on HUD Exchange for one year for standard reviews and five years for tiered reviews. https://www.hudexchange.info/environmental review/environmental review records/
Final Screens: Tribes THE REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION PROCESS
RROF Overview To finalize the review, the RE Tribe must submit the Request for Release of Funds and Certification (RROF/C) 7015.15 to the local HUD Field Office After receiving the RROF/C, HUD completes the Authority to Use Grant Funds 7015.16 Only HUD can edit this screen in HEROS The RE Tribe or grantee can only use funds and begin project activities after HUD completes the 7015.16 HUD only receives the RROF/C 7015.15 for CEST, EA, and EIS level projects
The RROF/AUGF Process The Tribe Submits 7015.15 HUD Reviews 7015.15 and Public Notice HUD Prepares 7015.16 HUD Approves the 7015.16 HUD Marks the review complete Assign back to Tribe 15 day objection period
RROF in HEROS
RROF in HEROS
Assign the Review to HUD
Registering for HEROS If you do not have HEROS access and are participating in the ONAP HEROS Pilot, please use the link emailed to you to complete the HEROS Access Form. If you are not participating in the ONAP Pilot, you will receive information from HUD when HEROS registration is available.
Tools and Resources
HEROS Resources Training materials on the HUD Exchange include: User Guide How To Videos FAQs HUD Exchange Ask A Question Live Q&A Webinars HEROS Worksheets Materials are available at: https://www.hudexchange.info/environmental review/heros
Environmental Resources https://www.hudexchange.info/programs/environmental review/ 65
WISER Modules Getting Started (Part 50 and Part 58) Tools and Resources Airport Hazards Endangered Species Noise Abatement and Control Water Elements Floodplain Management Flood Insurance Coastal Barrier Resources Coastal Zone Management Sole Source Aquifers Wetlands Environmental Justice Environmental Assessment Factors/Site Planning Explosive and Flammable Facilities Wild & Scenic Rivers Farmland Air Quality Historic Preservation: The Section 106 Process Site Contamination
Program Environmental Resources The Environmental Review Resources page on the ONAP Codetalk website provides links to the information on the HUD Exchange and the latest HUD and ONAP environmental compliance updates ONAP has a few program guidances and Notices on the environmental review process that apply only to ONAP programs, which are available on Codetalk
Questions? Technical questions about HEROS should go to Ask A Question at https://www.hudexchange.info/get assistance/my question/. Project specific or environmental review questions should go to your ONAP Grants Management Specialist.