Notice of Intent to Request Release of Funds

May 12, 2022

City of Muskegon
933 Terrace Street
Muskegon, MI, 49440

On or about May 25, 2022 the City of Muskegon will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of the Healthy Homes Production Grant Program (HHP) is authorized under 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, 2021(Public Law 116-260, approved December 27, 2020) for the following multi-year program/project Healthy Homes Production Program for the purpose of addressing hazards for low income homeowners throughout Muskegon County. The City of Muskegon is requesting the release of $1.5 million

The proposed hazard control activities to be funded under this/these program(s) is/are categorically excluded from the National Environmental Policy Act 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) has/have been studied and compliance with the following laws and authorities has been achieved in this Tier 1 review:  (i.e., Airport Hazards, Air Quality, Coastal Barriers Resources, Coastal Zone Management, Endangered Species, Explosive and Flammable Hazards, Noise Abatement and Control, Sole Source Aquifers, Wetlands, Environmental Justice, Wild and Scenic Rivers). Site-specific environmental reviews will include compliance with the following environmental laws and authorities for proposed projects funded under the program(s) listed above: (i.e., Flood Insurance, Contaminated and Toxic Substances and Historic Preservation). 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 the 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 review process cited above, is on file at Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan 49440 and may be examined or copied weekdays 8 a.m. to 5 p.m.


Any individual, group, or agency may submit written comments on the ERR to the Community and Neighborhood Services Department of the City of Muskegon. All comments received by May 23, 2022 will be considered by the City of Muskegon prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.


The City of Muskegon certifies to HUD that Ken Johnson in his official capacity as Mayor of the City of Muskegon 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 Muskegon to utilize federal funds and implement the Program.


HUD will consider objections to its release of funds and the City of Muskegon’s certification for a period of fifteen days following either the anticipated submission date (cited above) or HUD’s actual receipt of the request (whichever is later) only if the objections are on one of the following bases:  (a) that the Certification was not executed by the Certifying Officer of the City of Muskegon (b) the City of Muskegon has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the City of Muskegon has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; (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 may be addressed to HUD and sent to the email address as follows:  Karen M. Griego, Office of Lead Hazard Control and Healthy Homes, Program Environmental Clearance Officer, U.S. Department of Housing and Urban Development  LeadRegulations@HUD.GOV  Potential objectors may contact HUD directly to verify the actual last day of the objection/comment period.

Ken Johnson, Mayor
City of Muskegon