The MAP Guide requires a complete HEROS submission at pre-application (see MAP Section 9.2.3)in order to make an early evaluation of any environmental issues so HUD can determine if all environmental issues can be resolved or a plan for mitigation can be approved prior to issuance of the Firm Commitment.

However, the MAP guide recognizes that certain environmental issues cannot be resolved until the project has final plans and specs, and Section 106 may fall into this category. The Section 106 review is also complicated by the Section 106 Delegation memo, and the requirement to coordinate with HUD’s tribal consultation for projects that include ground disturbance. HUD would accept a pre-application from a lender following the Section 106 Delegation Memo if the lender has reached out to coordinate HUD’s tribal consultation or if the Lender has initiated consultation with the SHPO but has not yet heard back. HUD would also accept a pre-application with an incomplete SHPO review for a project where the lender chose not to follow the Section 106 Delegation, because in this case HUD will reach out to the SHPO directly.