NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
On or about April 13, 2023 the City of Biddeford will submit a request to the HUD Office of Lead Hazard Control and Healthy Homes for the release of Lead Hazard Reduction and Healthy Homes Supplemental funds under Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992) (42 U.S.C. 4852) and Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2). Funding is provided by the Consolidated Appropriations Act, 2022 (Public Law 117- 103, enacted March 15, 2022), the Consolidated Appropriations Act, 2021 (Public Law 116-260, enacted December 27, 2020), and the Further Consolidated Appropriations Act, 2020 (Public Law 116-94, enacted December 20, 2019) as amended, to undertake a project known as Lead-Safe Homes for Biddeford for the purpose of reducing lead-based paint hazards and other health/safety issues in an estimated 105 Biddeford housing units using $3,554,085.00 of HUD funds and $441,397.08 of local match funds.
The activities proposed are categorically excluded subject to HUD regulations at 24 CFR Part 58.35 from National Environmental Policy Act (NEPA) requirements. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at Biddeford City Hall, 205 Main St., Biddeford, ME 04005 and may be examined or copied Monday to Thursday 8 A.M to 4 P.M. It may also be examined online at https://cpd.hud.gov/cpd- public/environmental-reviews.
Any individual, group, or agency may submit written comments on the ERR to the City of Biddeford’s Housing Rehabilitation Office, 205 Main St Biddeford, ME 04005. All comments received by April 12, 2023 will be considered by the City of Biddeford prior to authorizing submission of a request for release of funds.
The City of Biddeford certifies to HUD that Brian S. Phinney, in his capacity as Chief Operating Officer, 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 City of Biddeford to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and the City of Biddeford’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 City of Biddeford; (b) the City of Biddeford 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 or other participants in the development process have committed funds, incurred costs or undertaken activities 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, Sec. 58.76) and shall be addressed to HUD Director Matthew Ammon, Office of Lead Hazard Control and Healthy Homes, 451 7th Street SW, Room 8236, Washington, DC 20410. Potential objectors should contact HUD to verify the actual last day of the objection period.