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HomeMy WebLinkAboutItem 03 HUD Certifying Officer for Environmental Reviews AGENDA ITEM SUMMARY Meeting Date: 9/3/2019 Meeting Type: Regular Meeting Staff Contact/Dept.: Erin Fifield/DPW Staff Phone No: 726-2302 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Mandate ITEM TITLE: HUD CERTIFYING OFFICER FOR ENVIRONMENTAL REVIEWS ACTION REQUESTED: Adopt a Resolution to designate the Community Development Division Director as the Certifying Officer for the City’s environmental review process. ISSUE STATEMENT: The City of Springfield, under 24 CFR Part 58, is termed the “responsible entity” and must complete the environmental review process in order to comply with the National Environmental Policy Act (NEPA) and the federal laws and authorities under 24 CFR Part 58. In order to fulfill these obligations, the City, as the responsible entity, must designate a Certifying Officer to assume legal responsibility for certifying that all environmental requirements have been followed. ATTACHMENTS: ATT1: Resolution DISCUSSION/ FINANCIAL IMPACT: Per guidance from the U.S. Department of Housing and Urban Development (HUD): Certifying Officer: The responsible entity must designate a Certifying Officer -- the “responsible Federal official” -- to ensure compliance with the National Environmental Policy Act (NEPA) and the Federal laws and authorities cited at section 58.5 has been achieved. This person is the chief elected official, chief executive official, or other official designated by formal resolution of the governing body. The certifying officer must have the authority to assume legal responsibility for certifying that all environmental requirements have been followed. This function may not be assumed by administering agencies or consultants. CITY OF SPRINGFIELD, OREGON RESOLUTION NO. ___________ A RESOLUTION DESIGNATING THE DEVELOPMENT AND PUBLIC WORKS DEPARTMENT, COMMUNITY DEVELOPMENT DIVISION DIRECTOR AS THE CERTIFYING OFFICER FOR FEDERALLY REQUIRED ENVIRONMENTAL REVIEW CERTIFICATIONS ON ACTIVITIES FUNDED WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS WHEREAS, the City of Springfield’s Community Development Division, through the Development and Public Works Department, administers Community Development Block Grants (CDBG) funds received from the U.S. Department of Housing and Urban Development (HUD); WHEREAS, the Code of Federal Regulations at 24 C.F.R. 58.1 requires the City to certify environmental reviews for activities that are funded with HUD funds; WHEREAS, a certifying officer is the “responsible federal official” as that term is used in Section 102 of the National Environmental Policy Act of 1969 (NEPA) and the statutory provision cited in 24 C.F.R. 58.1(b); WHEREAS, the City previously designated the Director of Development and Public Works as the certifying officer; and WHEREAS, the City seeks to delegate the duties and responsibilities of certifying officer to the Community Development Division Director position, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The Community Development Division Director within the Development and Public Works Department is designated as the City of Springfield’s certifying officer for federally required environmental review certifications. Section 2: The Community Development Division Director is authorized to and consents to assume status of the federal official under NEPA, insofar as the provisions of that law apply to environmental reviews that are funded with HUD funds. Section 3: The Community Development Division Director accepts the jurisdiction of the federal courts in his/her capacity as certifying officer of the City of Springfield as a responsible entity. Section 4: This Resolution will take effect immediately upon signature. ADOPTED by the Common Council of the City of Springfield this ________ day of September, 2019, by a vote of _____ for and ____ against. _______________________ Mayor ATTEST: __________________________ City Recorder Attachment 1, Page 1 of 1