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Delegation of Authority for Environmental Certifying Officer in accordance with 24 CFR Part 58 Copyrighted June 2, 2025 City of Dubuque CONSENT ITEMS # 10. City Council ITEM TITLE: Delegation of Authority for Environmental Certifying Officer in accordance with 24 CFR Part 58 SUMMARY: City Manager recommending that City Council approve the delegation of the responsibilities of the Certifying Officer under HUD regulations to the acting Housing and Community Development Director. RESOLUTION Delegating Authority For Environmental Certifying Officer SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTAC H M ENTS: 1. MVM Memo 2. HCDD Delegation and Authorization of Certifying Officer - Staff Memo 3. HCDD Delegation and Authorization of Certifying Officer - Resolution Page 519 of 2490 Dubuque THE CITY QF � All•li�eriea Ciry DLT B E ��, . � �� � � MaSt� Z�C� alZ t�Q Mt55ZSSZ Z zoa�•zoiz•zai3 �' pp zai�*zaig TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Delegation of Authority for Environmental Certifying Officer in accordance with 24 CFR Part 58 DATE: May 28, 2025 Assistant City Manager and Interim Housing & Community Development Director Cori Burbach is recommending that City Council approve the delegation of the responsibilities of the Certifying Officer under HUD regulations to the acting Housing and Community Development Director. This delegation would remain until revoked by Mayor Brad Cavanagh or the end of his term. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager & Interim Housing & Community Development Director Maddy Haverland, Urban and Housing Rehabilitation Project Manager Page 520 of 2490 Dubuque THE CITY OF � All•Amerin City DuB E ;i� � �� , I I 2007�2012+�2013 Masterpiece on the Mississippi 2oi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Cori Burbach, Assistant City Manager and Acting Housing and Community Development Director SUBJECT: Delegation of Authority for Environmental Certifying Officer in accordance with 24 CFR Part 58 DATE: May 27, 2025 Introduction The City of Dubuque Housing and Community Development Department is a recipient of multiple streams of funding from the U.S. Department of Housing and Urban Development (HUD). These funds are subject to environmental review, decision- making, and action responsibilities under the National Environmental Policy Act (NEPA) and 24 CFR Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities". Discussion The Certifying Officer (CO) is an important role for environmental review and compliance and defaults to the highest-ranking official in a jurisdiction, which in the City of Dubuque, is Mayor. The CO authorizes requests for release of funds upon completion of Environmental Reviews under 24 CFR Part 58, as well as accepting on behalf of the City of Dubuque the jurisdiction of the federal courts for the enforcement of all these responsibilities. Therefore, it is essential that the CO understands the responsibilities provided in 24 CFR Part 58, its related Federal authorities listed in Sections 58.5 and 58.6, as well as Section 102 of NEPA and its related provisions in 40 CFR Parts 1500-1508. Delegation of the CO role from the Mayor to the Housing and Community Development Department Director, Alexis Steger, was authorized in January 2022 to provide a safeguard to the City, as the Housing and Community Development Department (HCDD) Director is familiar with HUD's regulations governing environmental compliance. Additionally, the HCDD Director is readily available to certify Environmental Review Records, Requests for Release of Funds, and other documents requiring certification. This expedites approval timelines and allows for faster service delivery to the community. Page 521 of 2490 Due to the time-sensitive nature of Environmental Reviews and their importance to project progress, it is necessary to assign this responsibility to the individual acting in the role of the Housing and Community Development Department Director. Recommendation I respectfully request the authority to carry out the responsibilities of the Certifying Officer under the HUD regulations be delegated to the individual acting as the Housing and Community Development Director, and that this delegation shall run until revoked by Mayor Brad Cavanagh, or until the end of his term in office. Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager Page 522 of 2490 Prepared by Maddy Haverland Housing & Community Devel. 350 W. 6'h St., Suite 312 Telephone: (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13"' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 182-25 RESOLUTION DELEGATING AUTHORITY FOR ENVIRONMENTAL CERTIFYING OFFICER Whereas, the City of Dubuque Housing and Community Development Department receives multiple sources of funding from the Federal Department of Housing and Urban Development; and Whereas, these funds are subject to environmental review, decision -making and action responsibilities under the National Environmental Policy Act, and 24 CFR Part 58; and Whereas, the Certifying Officer is responsible for authorizing the release of funds, certifying environmental records, and representing the City of Dubuque in federal courts for the enforcement of these responsibilities; and Whereas, the Certifying Officer role is typically held by the highest-ranking official in the City of Dubuque, Mayor Brad Cavanagh, and this responsibility may be delegated by formal resolution. The Certifying Officer role was delegated by formal resolution on January 2, 2022 from Mayor Brad Cavanagh to Housing and Community Development Director, Alexis Steger; and Whereas, it is necessary to designate the individual acting in the role of the Housing and Community Development Department Director as the Certifying Officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the individual acting as the Housing and Community Development Director is delegated the authority to act as the Certifying Officer for the City of Dubuque for all HUD funding and environmental review requirements. Section 2. This delegation shall be effective immediately and remain effective until revoked by Mayor Cavanagh or until the end of his term in office. Passed, approved, and adopted this 2nd day of June 2025, Brad a anagh, Mayor Attest geA��, �� - Adrienne Breitfelder, City Clerk