Revised Draft Programmatic Agreement Regarding Section 106 Review of HUD-assisted Projects in New York State available for comment

Comment Period ends April 7, 2022

Lynn Rakos, Field Environmental Officer, HUD Region 2
Contact info: Lynn.Rakos@hud.gov

The U.S. Department of Housing and Urban Development (HUD), Office of Environment and Energy in Region 2, in collaboration with interested Responsible Entities, has developed a Programmatic Agreement (PA) that will apply to Section 106 review of projects in New York State that are subject to Part 50 and Part 58 of HUD’s environmental regulations (24 CFR Parts 50 and 58). Federally recognized tribes, the New York State Historic Preservation Office and Advisory Council on Historic Preservation have been consulted and provided an opportunity to comment. The PA covers review of HUD-assisted projects in Multifamily Housing, Healthcare, CDBG, Disaster Recovery, HOME, Public Housing and more. The purpose of the PA is to improve the efficiency of Section 106 review of HUD projects while fostering the protection of historic properties that might be affected by the projects.

An online meeting was held on 9/15/21 for interested parties and the public to provide feedback and participate in the development of this PA. The content of the PA and the process to review and comment were discussed at that meeting. Comments on the draft PA were received and have been incorporated, as appropriate, into the revised draft document.

To obtain the Revised Draft of the PA please contact:
Lynn Rakos, Field Environmental Officer, HUD Region 2
Contact info: Lynn.Rakos@hud.gov

The PA covers projects that involve mortgage insurance (financing and refinancing) for multifamily housing projects and healthcare facilities, capital funds for public housing, and grants for housing construction and rehabilitation, disaster recovery activities, and community and economic development. The PA exempts from Section 106 review a list of types of activities that do not cause effects to historic resources, like refinancing of existing buildings without any rehabilitation, replacement of heating systems, bathroom and kitchen remodeling, and repair of roofs and windows. Projects that include activities other than those types of exempted activities, like substantial rehabilitation and new construction, will still undergo a complete Section 106 review, including consultation with SHPO, tribes and other consulting parties.

The streamlined process outlined in the PA will apply to HUD offices and Responsible Entities (units of state and general local government and tribes) that conduct Section 106 review of HUD projects and that have signed the PA as Signatory Parties.

More information on the Section 106 review process is available at https://www.hudexchange.info/environmental-review/historic-preservation/

Please review the Final Draft PA and provide comments by April 7, 2022.

###