Public Notice: Oglala Lakota Housing Project Funding Release

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by South Dakota Housing. 

REQUEST FOR RELEASE OF FUNDS

On or about September 6, 2024, South Dakota Housing will submit a request to HUD for the release of HOME funds under Title II of the National Affordable Housing Act of 1990 and the release of HOME funds under the Housing and Economic Recovery Act of 2008, as amended, to undertake a project known as Oglala Lakota Housing Authority LIHTC #1 housing project located in Martin, SD east of Emma Street and South of Highway 18. The project will consist of new construction of 25 single family homes for rent on tribal land. Homes are modular and will be built off site, then moved on site and set on foundations. Each home will have its own driveway with a carport and a storage shed. The project will be built with the assistance of an estimated $1,000,000.00 of HOME funds, tax credits and Oglala Lakota Housing Authority funds with a total estimated project cost of $7,448,807.00.

FINDING OF NO SIGNIFICANT IMPACT

South Dakota Housing has determined that the project will have no significant impact on the human environment.  Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required.  Additional project information is contained in the Environmental Review Record (ERR) on file at South Dakota Housing, 3600 E. Elizabeth St., Pierre, SD and may be examined or copied weekdays 8:00 A.M to 5:00 P.M. central time.

PUBLIC COMMENT

Any individual, group, or agency may submit written comments on the ERR to Chas Olson, Executive Director, South Dakota Housing, PO Box 1237, Pierre, SD, 57501.  All comments received on or before September 5, 2024, will be considered by South Dakota Housing prior to authorizing submission of a request for release of funds.  Commentors should specify which part of this Notice they are addressing.

ENVIRONMENTAL CLARIFICATION

South Dakota Housing certifies to HUD that Chas Olson in his capacity as Executive Director 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 South Dakota Housing to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its release of funds and South Dakota Housing’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 the following basis: (a) the certification was not executed by the Certifying Officer;  (b) South Dakota Housing 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 via email in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to Noemi Ghirghi, CPD Region VIII Director, at CPD COVID-19OEE-DEN@hud.gov. Potential objectors should contact CPD COVID-19OEE-DEN@hud.gov to verify the actual last day of the objection period.   

Chas Olson
Executive Director