Notice of Intent to Request Release of Funds

Nov 14, 2023

November 14, 2023

Saint Regis Mohawk Tribe

71 Margaret Terrance Memorial Way

Akwesasne, NY 13655

(518) 358-2272 Ext. 2216

On or about November 22, 2023 the Saint Regis Mohawk Tribe will authorize its Home Improvement Division to submit a request to the U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes (OLHCHH) for the release of Healthy Homes Production Grant (NYHHP0101-23) funds under the Healthy Homes Production Grant Program (HHP) which is authorized under Section 501 and Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. §§ 1701z-1 and 1701z-2), and funding is provided by the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022) as administered under HUD’s Office of Lead Hazard Control and Healthy Homes (OLHCHH) to undertake a multi-year program/project, known as Saint Regis Mohawk Tribe Healthy Homes Production Grant Program for the years 2023-2026, and proposes to comprehensively assess and address environmental health and safety housing related hazards in a total of 117 housing units, that are privately owned, single-unit, low-income, owner-occupied units located within the southern U.S. portion of the Akwesasne Mohawk Territory (8,000 residents). Through the mobilization of a trained and skilled set of 12 field staff (2 Foreman and 10 Carpenters) this project will carry out a combination of minor (68), major (6), HRV/ERV (3), and handicap (25) repair home rehabilitation projects. Environmental testing (117) and comprehensive home walk through assessments (117) will be done for every home. A total of 15 homes will receive outsourced radon remediation mitigation installs. Community outreach, education and training will be done annually. And finally, this project intends to install 60 relative humidity/temperature monitors. The Saint Regis Mohawk Tribe (SRMT) is requesting the release of $2,474,299 (HUD-$2,000,000) & (Tribe-$474,299) to be split between the project years of May 15, 2023 – November 15, 2026.

The Tier I activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements, but subject to compliance with some of the environmental laws and authorities listed at §58.5 of 24 CFR Part 58. In accordance with §58.15, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target area(s) listed above. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target area(s) have been studied and compliance with the following laws and authorities has been achieved in this Tier I review: Airport Hazards, Coastal Barrier Resources Act, Flood Insurance, Air Quality, Coastal Zone Management Act, Contamination and Toxic Substances, Endangered Species Act, Explosive and Flammable Hazards, Farmlands Protection, Floodplain Management, Historic Preservation, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, Wild and Scenic Rivers Act, Environmental Justice, and Coastal Zone Management Act. In the Tiered 2 review, compliance with the following environmental laws and authorities will take place for proposed projects funded under the program(s) listed above: Airport Hazards, Coastal Barrier Resources Act, Flood Insurance, Air Quality, Coastal Zone Management Act, Contamination and Toxic Substances, Endangered Species Act, Explosive and Flammable Hazards, Farmlands Protection, Floodplain Management, Historic Preservation, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, Wild and Scenic Rivers Act, Environmental Justice, and Coastal Zone Management Act. Should individual aggregate projects exceed the threshold for categorical exclusion detailed at §58.35(a), an Environmental Assessment will be completed and a separate Finding of No Significant Impact and Request for Release of Funds published. Copies of compliance documentation worksheets are available at the address below.

An Environmental Review Record (ERR) that documents the environmental determinations for this project, and more fully describes the tiered process cited above, is on file at the Saint Regis Mohawk Tribe Environment Division Offices, 449 Frogtown Rd., Akwesasne, NY 13655, or in the lobby of the Ionkwakiohkwaró:ron Tribal Administration Building, 71 Margaret Terrance Memorial Way, Akwesasne, NY 13655 and may be examined or copied weekdays 8:00 A.M to 5:00 P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the Saint Regis Mohawk Tribe Environmental Division addressed to Dylan Herne, Environmental Assessment Coordinator. All comments received by November 21, 2023 will be considered by Saint Regis Mohawk Tribe prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.

RELEASE OF FUNDS

The Saint Regis Mohawk Tribe certifies to the U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes (OLHCHH) that the SRMT Tribal Council, in their official capacity, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. The U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes (OLHCHH) approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Saint Regis Mohawk Tribe to utilize federal funds and implement the Program.

OBJECTIONS TO RELEASE OF FUNDS

The U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes (OLHCHH) will consider objections to its release of funds and the Saint Regis Mohawk Tribe certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if the objections are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the Saint Regis Mohawk Tribe; (b) the Saint Regis Mohawk Tribe has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the Saint Regis Mohawk Tribe has committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by The U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes (OLHCHH); or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and may be addressed to The U.S. Department of Housing and Urban Development and sent to the email address as follows: David Nuccio, Office of Lead Hazard Control and Healthy Homes (OLHCHH), Program Environmental Clearance Officer, U.S. Department of Housing and Urban Development LeadRegulations@HUD.GOV Potential objectors may contact the U.S. Department of Housing and Urban Development directly to verify the actual last day of the objection/comment period.

Saint Regis Mohawk Tribe Environment Division

Dylan Herne, Environmental Assessment Coordinator, Saint Regis Mohawk Tribe Environment Division

(518) 358-5937