Predevelopment
(Not Acquisition or Infrastructure)

Acquisition

Environmental Review
(34 CFR 58)

Exempt (Sect. 58.34)
EA not required because they do not alter physical conditions.

Categorically Exempt (Sect.58.35)
Determination for categorical exclusion must be made by a governmental unit or its authorized agent. Project information and/or prior environmental assessments must be submitted in order for the state or its agent to provide environmental clearance.  Approval of the project must be received from the state prior to the commitment of federal funds.

Relocation Assistance
(49 CFR 24)

Not applicable if:
1. Site has not been found suitable. 
2. Project has not been named for purchase. 
3.  Project is not deemed viable and further funding is not applied for.

Voluntary Acquisition
1. Provide notice to owner of intent to acquire and the basic protections. 
2. Provide “General Information Notice” to tenants asap.   Involuntary Acquisition (Eminent Domain) 1. Provide notice to owner of intent to acquire and the basic protections.  2. Appraise property prior to negotiations.  3. Provide owner with written offer and summary of acquisition.  4. Pay before possession.  5. Reimburse for resultant expenses (fees, taxes, etc).  Due to the nature of the hurricane disaster, additional requirements may apply.  Additional information is forthcoming.

Historic Preservation
(36 CFR 800)

Provided that activity does not have potential to cause effects on historic property, no obligations under section 106 required.

Section 106 procedures include:
1. Establish if undertaking has potential to cause effect on historic property.  2. The 106 process should be coordinated with other required process such as environmental review.  3. Identify the appropriated SHPO (state historic preservation officer).  4.  Consult with SHPO on project.  5. Plan to involve the public.  6. Involve other consulting parties as necessary.

Floodplain/Wetlands
(24 CFR 55)

Not Applicable

Must present flood map showing the flood zone where property is located and proof of insurance.

Lead Based Paint
(24 CFR 35)

Not Applicable

Apply to housing built before 1978.  Requirements are: 1. Visual assessment to identify deteriorated paint.  2. Paint stabilization of deteriorated paint surface and clearance prior to occupancy. 
3.  Ongoing lead-based paint maintenance. Additional Requirements for Rehab Activities

Davis Bacon

Not applicable.  Davis Bacon is triggered by the use of funds not the timing of the funds or project under CDBG regs.

Not applicable.  Davis Bacon is triggered by the use of funds not the timing of the funds or project under CDBG regs.

Non-Duplication

PL 109-148
Funds may not be used for activities reimbursable by or for which funds are made available by FEMA or the Army Corps of Engineers.

PL 109-148
Funds may not be used for activities reimbursable by or for which funds are made available by FEMA or the Army Corps of Engineers.