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Sample Notice of Intent to Request Release of Funds

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

[Insert Date of Notice]
Name of Responsible Entity [RE]
Address
City, State, Zip Code
Telephone Number of RE

On or about [insert date at least 8 days after notice date if published; 11 days after notice date if posted, start your count the day after notice date] [insert the Name of RE] will [If the RE is not also the recipient, also insert the following language here: Authorize the [Name of grantee] to submit a request to HUD for the release of [insert Name of grant program] funds under [Insert Title/Section of the Act] to undertake a project known as [Insert Project title] for the purpose of [Insert Nature/Scope of project, estimated funding, and project location].

The activities proposed [Alternative #1: are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act requirements and could not convert to exempt because [insert reason] or Alternative #2: comprise a project for which a Finding of No Significant Impact on the environment was [published/posted] on [date of finding publication/posting]. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at [Insert Name and Address of RE office where ERR can be examined and name and address of other locations where the record is available for review] and may be examined or copied weekdays ___ A.M. to ___ P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to [Insert the RE designated office responsible for receiving and responding to comments]. All comments received by [Insert date at least 7 days after notice date if published; 10 days after notice date if posted, start count the day after notice date] will be considered by the [Insert Name of RE] prior to authorizing submission of a request for release of funds.

RELEASE OF FUNDS

The [Insert Name of RE] certifies to HUD that [Insert Name of Certifying Officer] in his/her capacity as [Insert Official Title] 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. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the [Insert the Name of RE or, if grant recipient is other than RE, the recipient] to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of funds and the [Insert Name of RE]'s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the RE (b) the RE has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; 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) and shall be addressed to HUD at [Insert Address of HUD Program office]. Potential objectors should contact HUD to verify the actual last day of the objection period.

Name and Title of RE Certifying Officer