Notice of Intent to Request Release of Funds: Non-Local Government

Used by:  Responsible Entity (RE) or grantee requesting HUD funding

For Completion when:  One or more of the listed statutes, executive orders, or regulations compliance factors of the Categorically Excluded “Statutory Checklist” require(s) consultation or mitigation and cannot reach “Status A”.

This is a sample of the information that the RE must either publish, or disseminate, when preparing a Notice of Intent to Request the Release of Funds (NOI/RROF) prior to requesting the release of funds (RROF).  This notification is a precondition to DOLA/OEDIT releasing funds assigned to a project.  This notification describes actions required in the Code of Federal Regulations, specifically 24 CFR Part 58, Subpart H and Parts 58.43 and 58.45.  While public notification is required, there is no prescribed format for the notification.  This sample format is one example of a format that contains all the required information of which the underlined portions would provide information relevant to each specific project.

If the RE has completed an environmental review pursuant to 24 C.F.R. Part 58 and intends to request a release of funds, it must prepare a NOI/RROF, using the current HUD-recommended format or an equivalent format.  In addition to the publication of the NOI/RROF in a newspaper of general circulation in the affected community:

Required distribution:

• U.S. Department of Housing and Urban Development
  Region 8 Office 
  Attention: Field Environmental Officer
  1670 Broadway Street 
  Denver, CO 80202-4801
• U.S. Environmental Protection Agency
  Region 8 Field Office
  1595 Wynkoop Street
  Denver, CO 80202-1129

Suggested distribution:

• Local citizens who have demonstrated interest in the project
• Local Regional Council of Governments
• Local Historical Society
• Local Environmental Groups

The RE must consider the comments and make modifications, if appropriate, in response to the comments, before it completes its environmental certification, required by Section 58.71, and before the recipient submits its RROF.

The following minimum comment periods apply to the NOI/RROF:

• Seven (7) days local comment period, beginning the day following the publication.
• Submittal of RROF & Certification form (Exhibit IV-C.4) to DOLA/OEDIT as appropriate starts the 15-day comment period at state level.
• Fifteen (15) day comment period at the state level.

Process for all Non-Local Government grantees completing Exhibit IV-C (CEST) and a publication

1. Grantee identifies an Environmental Preparer
2. Environmental Preparer completes Exhibit IV-C (CEST)
3. Form sent to DOLA’s Environmental Compliance Officer for review and signature
4. Grantee submits the NOI/RROF (Exhibit IV-C.3) publication to newspaper of general circulation
5. 7-day comment period at the local level begins. Comments will be received by DOLA as the Responsible Entity
6. DOLA sends RROF (Exhibit IV-C.4), certified copy of publication, and all environmental forms to HUD for review  appropriate for review
7. 15-day comment period at the state level begins. Comments will be received by HUD
8. HUD issues ROF letter to DOLA. DOLA will send copy of ROF letter to grantee.

General Calendar for Notice of Intent to Request Release of Funds (NOI / RROF) Publication Process Non-Local Governments

• Calendar days, not business days
• Day of Publication: Publication (Exhibit IV-C.3) posted in local paper - runs one day
• Day 1: 7-day Local level comment period begins
• Day 2-7: Local comment period continues.
• Day 8: DOLA submits RROF and Certification form (Exhibit IV-C.4) to HUD
• Day 9-23: 15-day State level comment period begins
• Day 24: HUD issues ROF letter to DOLA. DOLA sends copy to grantee.

Sample NOI / RROF for Non-Local Governments

Exhibit IV-C.3: Sample NOI RROF