PRA 83-I 2506-0177 Sept 2014 rev

19. Certification for Paperwork Reduction Act Submissions

On behalf of the U.S. Department of Housing and Urban Development, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

Note: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320/8(b)(3). appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collections of information, that the certification covers:

It is necessary for the proper performance of agency functions;
It avoids unnecessary duplication;
It reduces burden on small entities;
It uses plain, coherent, and unambiguous terminology that is understandable to respondents;
Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
It indicates the retention periods for recordkeeping requirements;
It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

Why the information is being collected;
Use of the information;
burden estimate;
Nature of response (voluntary, required for a benefit, or mandatory);
Nature and extent of confidentiality; and
Need to display currently valid OMB control number;

It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to collected (see note in item 19 of the instructions);

It uses effective and efficient statistical survey methodology; and
It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Signature of Program Official:

Danielle Schopp, Director, Office of Environment and Energy

Date:

Supporting Statement for Paperwork Reduction Act Submissions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

HUD requests its applicants to supply environmental information that is not otherwise available to HUD staff for the environmental review on an applicant's proposal for HUD financial assistance to develop or improve housing or communiity facilities. HUD itself must perform an environmental review for the purpose of compliance with its environmental regulations found at 24 CFR Part 50, Protection and Enhancement of Environmental Quality. Part 50 implements the National Environmental Policy Act and implementing procedures of the Council on Environmental Quality, as well as the related federal environmental laws and executive orders. HUD's agencywide provisions -- 24 CFR 50.3(h)(1) and 50.32 [copy attached] --.regulate how individual HUD program staffs are to utilize such collected data when HUD itself prepares the environmental review and compliance. Separately, individual HUD programs each have their own regulations and guidance implementing environmental and related collection responsibilities. For the next three years, this approved collection will continue unchanged under this OMB control number to assure adequate coverage for all HUD programs subject to Part 50. At the end of that period, a reevaluation will be made to determine whether it is necessary to cover individual HUD programs that have achieved their own coverage under PRA.

2. Indicate how, by whom and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

HUD field staff who perform environmental reviews generally lack the travel funds and staff to be able to visit the distant locations of projects proposed for HUD financial assistance. Increasingly, HUD must depend on the applicants themselves to collect and supply HUD with the requisite environmental data, most of which is readily available from qualified data sources. HUD applicants are for-profit and non-profit developers of affordable housing and community facilities. From their own project and local agency data bases, applicants supply HUD with all available, relevant information necessary for HUD to perform its environmental review for each property. Generally, the environmental review must be completed and approved before applicants are allowed to commit or expend HUD and non-HUD funds with respect to any eligible property proposed for the project. The attached format is for illustrative purposes only to show the kind of information utilized by HUD for the environmental review.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

HUD makes appropriate use of information technology and does not prescribe the method or technology to be used for this one-time collection of environmental information. Respondents are encouraged to use electronic technology available to the general public. To the extent practicable, the information is submitted by e-mail and/or FAX, by phone, through the HUD Environmental Review Online System (HEROS) or other means decided by the applicant. HUD does not keep statistics, but currently most applicants generally prefer to submit environmental data by e-mail and/or FAX. We assume, but have no statistics, that some (10% or less is a guess) would continue to prefer, because it is easier and best meets particular conditions, to make submission by postal mail, by UPS or Fedex, or by delivery in person.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

Generally, there is no duplication. Each project is an individual case. When other Federal, State, or local agencies have prepared environmental data and analysis that is relevant to a project proposed for HUD financial assistance, this information is requested and used to the extent possible. The collection of data and studies as part of the information contained in the environmental review may be done by the applicant or the applicant's contractor. HUD staff may use any information supplied by the applicant or the applicant's contractor, provided HUD independently evaluates the informtion, will be responsible for its accuracy, supplements the information, if necessary, to conform to the requirements of 24 CFR Part 50.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I) describe any methods used to minimize burden.

The collection of information does not impact small businesses and other small entities. Generally, the cost of the information collection for the environmental review for the applicant's proposed project is eligible for HUD funding as a project cost to the extent allowable under the regulations of the HUD program assisting the project..

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

This is a one-time collection. To prevent delays, both HUD and its applicants cooperate in the spirit of partnership to help each other expedite in the public interest compliance with the National Environmental Policy Act and related federal environmental laws and authorities applicable to the applicant's project proposal. HUD applicants possess much of the site-specific information or have direct access to such information. HUD field staff who perform environmental reviews generally lack the travel funds and staff to be able to visit the distant locations of projects proposed for HUD financial assistance. Increasingly, HUD must depend on the applicants themselves to collect and supply HUD with the requisite environmental data, most of which is readily available from qualified data sources such as (1) project plans and related studies conducted by the applicant or the project consultant in support of the project application to HUD; (2) data submission required by the local planning agency that is to approve land use and building permits for the project; and (3)other Federal, State, or local agencies that have expertise, jurisdiction, and/or are the source for environmental data and analysis for the project or the geographic area in which the project is located. Applicants are encouraged to seek assistance on a remuneration basis (if necessary) from Responsible Entities (RE) and their community development agencies (where they exist) experienced in environmental data collection and analysis for HUD programs subject to 24 CFR Part 58 -- "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities."

Explain any special circumstances that would cause an information collection to be conducted in a manner:

requiring respondents to report information to the agency more than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records other than health, medical, government contract, grant-in-aid, or tax records for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results than can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no special circumstances mentioned above that apply to this information collection.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping disclosure, or reporting format (if any) and the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that preclude consultation in a specific situation. These circumstances should be explained.

This information collection was announced in the Federal Register, Volume 79; Page 61329, on 10/10/2014. In response to the Proposed Information Collection HUD did not receive any comments.

9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees.

This is not applicable, because HUD does not provide any payment or gifts as remuneration for this information collection other than allowing remuneration of costs. Generally, the cost of the information collection for the environmental review for the applicant's proposed project is eligible for HUD funding as a project cost to the extent allowable under the regulations of the HUD program assisting the project.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation or agency policy.

This is not applicable, because all information collected for the environmental review is in the public domain.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

This is not applicable, because the information collected for environmental review does not apply to the above-mentioned subjects.

12. Provide estimates of the hour burden of the collection of information. The statement should:

indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally estimates should not include burden hours for customary and usual business practices;
if this request covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I; and
provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead this cost should be included in Item 13.

Estimate of the annualized hours burden is 5,200.

Estimate of respondents is 2,600.

Estimate hours per response is 2.

Frequency of response is one time.

Estimate of hourly cost is $ 52.

The estimate of the annualized hours burden is 5,200. The estimate is based on 1 frequency of response by about 2,600 respondents multiplied by an approximated 2 hours per response. HUD does not keep statistical data on how long it takes for a respondent to "collect" (not "author") the environmental information needed for HUD to perform the environmental review under Part 50. The 2 hours for the informatiion collection is an approximation and is based on experienced data collector as well as on qualified data sources that respond promptly. The requisite environmental data for the information collection is readily available from basic sources such as: (1) project plans and related studies conducted by the applicant or the project architect or consultant; (2) data submission required of the applicant by the local planning agency that is to approve land use and building permits for the project; (3) data base of the community development agency of local and State governments authorized to assume Federal environmental reviews for certain HUD covered programs such as CDBG and HOME; and (4) other Federal, State, or local agencies that have expertise, jurisdiction, and/or are the on-line source for environmental data and analysis for the project or the geographic area in which the project is located. The actual gathering of the data is fairly routine. For each project proposal, this is a one-time, voluntary (i.e., not an "absolute" requirement, but rather a request to applicants for their cooperation and assistance in) collection to help HUD staff expedite environmental approval. In addition, see the response to #6 above.

Generally, there is no annualized costs to the applicants. The estimate of the annualized costs is $239,200, which costs are to the Federal government. For an explanation, see item #14 below.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information (do not include the cost of any hour burden shown in Items 12 and 14).

The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s) and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities;
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10) utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
generally, estimates should not include purchases of equipment or services, or portions thereof made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

This is not applicable, because the information collection does not need the purchase or lease of any equipment.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

The estimate of the annualized cost to the Federal government is about $270,400. This figure is determined for an experienced professional by multiplying the annualized hours burden of 5,200 by the hourly cost estimate of $52 that approximates the hourly (mid-range) salary of a GS-14, step 4 community planner. The collection of information does not impact the applicant, because generally, the cost of the information collection for the environmental review for the applicant's proposed project is eligible for HUD funding as a project cost to the extent allowable under the regulations of the HUD program assisting the project. Applicants can use their project architect or contract with a consultant or with the local government

15. Explain the reasons for any program changes or adjustments reported in Items 13 and 14 of the OMB Form 83-I.

This is not applicable, because this application is not for a new collection, but for approval of an extension to an existing collection..

16. For collection of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This is not applicable, because the collection of information will not be published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

This application is seeking approval not to display the "expiration date" for OMB approval of the information collection at 24 CFR Part 50, primarily because the information collection is stable and does not change from year to year or from one three year period to another three year period; nor is any change proposed in the foreseeable future.

A secondary reason is that to undertake amending Part 50 every three years simply to keep republishing newer "expiration dates" in the CFR is costly and not an effective use of limited Federal staff and resources to comply with PRA discretionary sunset requirements. Nevertheless, HUD believes that the "expiration date" indeed should be published in the Federal Register for our new collection and made available to the public. HUD would post on the HUD Environmental website, the FR notice displaying the OMB approval and date of expiration. HUD would cite the OMB control number in Part 50 or other related issuances, so that the cite would automatically be hotlinked electronically to the FR notice posted on the HUD website. The posting would also include the appropriate narrative associated with PRA compliance.

18. Explain each exception to the certification statement identified in item 19.

This is not applicable, because this application has not stated any exceptions.

B. Collections of Information Employing Statistical Methods

This is not applicable.

* * * * * * *

______________________________________________________________________________________________

Attachments to Form OMB 83-I:

For item #1: Legal and Administrative Requirements That Necessitate the Infomration Collection:

24 CFR Part 50 -- "Protection and Enhancement of Environmental Quality." [See §§50.32 and 50.3(h)(1)]

http://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol1/xml/CFR-2010-title24-vol1-part50.xml

24 CFR 50.32 reads:"The program staff in the HUD office responsible for processing the project application or recommending a policy action is responsible for conducting the compliance finding, EA, or EIS. The collection of data and studies as part of the information contained in the environmental review may be done by an applicant or the applicant's contractor. The HUD program staff may use any information supplied by the applicant or contractor, provided HUD independently evaluates the information, will be responsible for its accuracy, supplements the information, if necessary, to conform to the requirements of this part, and prepares the environmental finding. Assessments for projects over 200 lots/dwelling units or beds shall be sent to the Field Environmental Clearance Officer (FECO) or, in the absence of a FECO, to the Program Environmental Clearance Officer in Headquarters for review and comment."

24 CFR 50.3(h) reads: "For HUD grant programs in which the funding approval for an applicant's program must occur before the applicant's selection of properties, the application shall contain an assurance that the applicant agrees to assist HUD to comply with this part and that the applicant shall:

(1) Supply HUD with all available, relevant information necessary for HUD to perform for each property any environmental review required by this part;

(2) Carry out mitigating measures required by HUD or select alternate eligible property; and

(3) Not acquire, rehabilitate, convert, lease, repair or construct property, nor commit or expend HUD or local funds for these program activities with respect to any eligible property, until HUD approval of the property is received."

For item #8: Federal Register Notice

Notice of Proposed Information Collection: Comment request (XX FR XX) XXX.

File Type	application/vnd.openxmlformats-officedocument.wordprocessingml.document
File Title	Paperwork Reduction Act Submission
Author	Liz Zepeda
File Modified	0000-00-00
File Created	2021-01-26

PRA 83-I 2506-0177 Sept 2014 rev

PRA 83-I 2506-0177 Sept 2014 rev.docx

Protection and Enhancement of Environmental Quality

OMB: 2506-0177