1、348 24 CFR Subtitle A (4111 Edition) Pt. 50 his or her appeal may submit a written request for review of that determina-tion to the HUD field office (or to the State in the case of a unit of general local government funded by the State). If the full relief is not granted, the re-cipient shall advise
2、 the person of his or her right to seek judicial review. PARTS 4345 RESERVED PART 50PROTECTION AND EN-HANCEMENT OF ENVIRON-MENTAL QUALITY Subpart AGeneral: Federal Laws and Authorities Sec. 50.1 Purpose, authority, and applicability. 50.2 Terms and abbreviations. 50.3 Environmental policy. 50.4 Rela
3、ted Federal laws and authorities. Subpart BGeneral Policy: Responsibilities and Program Coverage 50.10 Basic environmental responsibility. 50.11 Responsibility of the HUD approving official. Subpart CGeneral Policy: Decision Points 50.16 Decision points for policy actions. 50.17 Decision points for
4、projects. Subpart DGeneral Policy: Environmental Review Procedures 50.18 General. 50.19 Categorical exclusions not subject to the Federal laws and authorities cited in 50.4. 50.20 Categorical exclusions subject to the Federal laws and authorities cited in 50.4. 50.21 Aggregation. 50.22 Environmental
5、 management and mon-itoring. 50.23 Public participation. 50.24 HUD review of another agencys EIS. Subpart EEnvironmental Assessments and Related Reviews 50.31 The EA. 50.32 Responsibility for environmental proc-essing. 50.33 Action resulting from the assessment. 50.34 Time delays for exceptional cir
6、-cumstances. 50.35 Use of prior environmental assess-ments. 50.36 Updating of environmental reviews. Subpart FEnvironmental Impact Statements 50.41 EIS policy. 50.42 Cases when an EIS is required. 50.43 Emergencies. AUTHORITY: 42 U.S.C. 3535(d) and 4332; and Executive Order 11991, 3 CFR, 1977 Comp.,
7、 p. 123. SOURCE: 61 FR 50916, Sept. 27, 1996, unless otherwise noted. Subpart AGeneral: Federal Laws and Authorities 50.1 Purpose, authority, and applica-bility. (a) This part implements the policies of the National Environmental Policy Act (NEPA) and other environmental requirements (as specified i
8、n 50.4). (b) NEPA (42 U.S.C. 4321 et seq.), es-tablishes national policy, goals and procedures for protecting, restoring and enhancing environmental quality. NEPA is implemented by Executive Order 11514 of March 5, 1970, (3 CFR, 19661970 Comp., p. 902) as amended by Executive Order 11991 of May 24,
9、1977, (3 CFR, 1977 Comp., p. 123) and by the Council on Environmental Quality (CEQ) Regulations, 40 CFR parts 1500 1508. (c) The regulations issued by CEQ at 40 CFR parts 15001508 establish the basic procedural requirements for com-pliance with NEPA. These procedures are to be followed by all Federa
10、l agen-cies and are incorporated by reference into this part. This part, therefore, provides supplemental instructions to reflect the particular nature of HUD programs, and is to be used in tandem with 40 CFR parts 15001508 and regula-tions that implement authorities cited at 50.4. (d) These regulat
11、ions apply to all HUD policy actions (as defined in 50.16), and to all HUD project actions (see 50.2(a)(2). Also, they apply to projects and activities carried out by recipients subject to environmental policy and procedures of 24 CFR part 58, when the recipient that is regulated under 24 CFR part 5
12、8 claims the lack of legal capacity to assume the Sec-retarys environmental review respon-sibilities and the claim is approved by VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for Resale
13、No reproduction or networking permitted without license from IHS-,-,-349 Office of the Secretary, HUD 50.3 HUD or when HUD determines to con-duct an environmental review itself in place of a nonrecipient responsible en-tity. For programs, activities or ac-tions not specifically identified or when th
14、ere are questions regarding the applicability of this part, the Assistant Secretary for Community Planning and Development shall be consulted. 50.2 Terms and abbreviations. (a) The definitions for most of the key terms or phrases contained in this part appear in 40 CFR part 1508 and in the authoriti
15、es cited in 50.4. The following definitions also apply to this part: Environmental review means a process for complying with NEPA (through an EA or EIS) and/or with the laws and authorities cited in 50.4. HUD approving official means the HUD official authorized to make the approval decision for any
16、proposed pol-icy or project subject to this part. Project means an activity, or a group of integrally-related activities, under-taken directly by HUD or proposed for HUD assistance or insurance. (b) The following abbreviations are used throughout this part: AS/CPDAssistant Secretary for Community Pl
17、anning and Develop-ment. CEQCouncil on Environmental Quality EAEnvironmental Assessment EISEnvironmental Impact State-ment FONSIFinding of No Significant Impact HUDDepartment of Housing and Urban Development NEPANational Environmental Pol-icy Act NOI/EISNotice of Intent to Prepare an Environmental I
18、mpact Statement 50.3 Environmental policy. (a) It is the policy of the Department to reject proposals which have signifi-cant adverse environmental impacts and to encourage the modification of projects in order to enhance environ-mental quality and minimize environ-mental harm. (b) The HUD approving
19、 official shall consider environmental and other De-partmental objectives in the decision-making process. (c) When EAs or EISs or reviews under 50.4 reveal conditions or safe-guards that should be implemented once a proposal is approved in order to protect and enhance environmental quality or minimi
20、ze adverse environ-mental impacts, such conditions or safeguards must be included in agree-ments or other relevant documents. (d) A systematic, interdisciplinary approach shall be used to assure the in-tegrated use of the natural and social sciences and the environmental design arts in making decisi
21、ons. (e) Environmental impacts shall be evaluated on as comprehensive a scale as is practicable. (f) HUD offices shall begin the envi-ronmental review process at the ear-liest possible time so that potential conflicts between program procedures and environmental requirements are identified at an ear
22、ly stage. (g) Applicants for HUD assistance shall be advised of environmental re-quirements and consultation with gov-ernmental agencies and individuals shall take place at the earliest time feasible. (h) For HUD grant programs in which the funding approval for an applicants program must occur befor
23、e the appli-cants selection of properties, the ap-plication 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 environment
24、al review required by this part; (2) Carry out mitigating measures re-quired by HUD or select alternate eligi-ble 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 re-spect to any eligi
25、ble property, until HUD approval of the property is re-ceived. (i)(1) It is HUD policy that all prop-erty proposed for use in HUD programs be free of hazardous materials, con-tamination, toxic chemicals and gas-ses, and radioactive substances, where VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 0
26、0000 Frm 00359 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-350 24 CFR Subtitle A (4111 Edition) 50.4 a hazard could affect the health and safety of occupants or conflict
27、with the intended utilization of the property. (2) HUD environmental review of multifamily and non-residential prop-erties shall include evaluation of pre-vious uses of the site and other evi-dence of contamination on or near the site, to assure that occupants of pro-posed sites are not adversely af
28、fected by the hazards listed in paragraph (i)(1) of this section. (3) Particular attention should be given to any proposed site on or in the general proximity of such areas as dumps, landfills, industrial sites or other locations that contain hazardous wastes. (4) HUD shall require the use of cur-re
29、nt techniques by qualified profes-sionals to undertake investigations de-termined necessary. 50.4 Related Federal laws and au-thorities. HUD and/or applicants must comply, where applicable, with all environ-mental requirements, guidelines and statutory obligations under the fol-lowing authorities an
30、d HUD standards: (a) Historic properties. (1) The Na-tional Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), as amended. (2) Executive Order 11593, Protection and Enhancement of the Cultural Envi-ronment, May 13, 1971 (3 CFR, 19711975 Comp., p. 559). (3) The Archaeological and Historic Pre
31、servation Act of 1974, which amends the Reservoir Salvage Act of 1960 (16 U.S.C. 469 et seq.). (4) Procedures for the Protection of Historic and Cultural Properties (Advi-sory Council on Historic Preserva-tion36 CFR part 800). (b) Flood insurance, floodplain manage-ment and wetland protection. (1) F
32、lood Disaster Protection Act of 1973 (42 U.S.C. 40014128) and the National Flood Insurance Reform Act of 1994 (Pub.L. 103325, 108 Stat. 2160). (2) HUD Procedure for the Implemen-tation of Executive Order 11988 (3 CFR, 1977 Comp., p. 117)24 CFR part 55, Floodplain Management. (3) Executive Order 1199
33、0 (Protection of Wetlands), (3 CFR, 1977 Comp., p. 121). (c) Coastal areas protection and man-agement. (1) The Coastal Barrier Re-sources Act, as amended by the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501 et seq.). (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as
34、amended. (d) Sole source aquifers. The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 et seq., and 21 U.S.C. 349), as amended. (See 40 CFR part 149.) (e) Endangered species. The Endan-gered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended. (See 50 CFR part 402.) (f) Wild and scenic rive
35、rs. The Wild and Scenic Rivers Act (16 U.S.C 1271 et seq.), as amended. (g) Water quality. The Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251 et seq.), and later enactments. (h) Air quality. The Clean Air Act (42 U.S.C. 7
36、401 et seq.), as amended. (See 40 CFR parts 6, 51, and 93.) (i) Solid waste management. (1) The Solid Waste Disposal Act, as amended by the Resource Conservation and Re-covery Act of 1976 (42 U.S.C. 6901 et seq.), and later enactments. (2) The Comprehensive Environ-mental Response, Compensation, and
37、 Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended. (j) Farmlands protection. The Farm-land Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.), as amended. (See 7 CFR part 658.) (k) HUD environmental standards. Ap-plicable criteria and standards speci-fied in HUD environmental regulation
38、s (24 CFR part 51). (l) Environmental justice. Executive Order 12898Federal Actions to Ad-dress Environmental Justice in Minor-ity Populations and Low-Income Popu-lations (3 CFR, 1994 Comp., p. 859). Subpart BGeneral Policy: Re-sponsibilities and Program Coverage 50.10 Basic environmental responsi-b
39、ility. (a) It is the responsibility of all As-sistant Secretaries, the General Coun-sel, and the HUD approving official to VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo repr
40、oduction or networking permitted without license from IHS-,-,-351 Office of the Secretary, HUD 50.17 assure that the requirements of this part are implemented. (b) The Assistant Secretary for Com-munity Planning and Development (A/ S CPD), represented by the Office of Community Viability, whose Dire
41、ctor shall serve as the Departmental Envi-ronmental Clearance Officer (DECO), is assigned the overall Departmental re-sponsibility for environmental policies and procedures for compliance with NEPA and the related laws and au-thorities. To the extent permitted by applicable laws and the CEQ regula-t
42、ions, the A/S CPD shall approve waiv-ers and exceptions or establish criteria for exceptions from the requirements of this part. 50.11 Responsibility of the HUD ap-proving official. (a) The HUD approving official shall make an independent evaluation of the environmental issues, take responsi-bility
43、for the scope and content of the compliance finding, EA or EIS, and make the environmental finding, where applicable. (Also, see 50.32.) (b) Copies of environmental reviews and findings shall be maintained in the project file for projects, in the rules docket files for FEDERAL REGISTER pub-lications
44、, and in program files for non- FEDERAL REGISTER policy documents. Subpart CGeneral Policy: Decision Points 50.16 Decision points for policy ac-tions. Either an EA and FONSI or an EIS on all policy actions not meeting the criteria of 50.19 shall be completed prior to the approval action. Policy ac-t
45、ions include all proposed FEDERAL REGISTER policy documents and other policy-related Federal actions (40 CFR 1508.18). The decision as to whether a proposed policy action is categorically excluded from an EA shall be made by the Program Environmental Clearance Officer (PECO) in Headquarters as early
46、 as possible. Where the PECO has any doubt as to whether a proposed ac-tion qualifies for exclusion, the PECO shall request a determination by the AS/CPD. The EA and FONSI may be combined into a single document. 50.17 Decision points for projects. Either an EA and FONSI or an EIS for individual proj
47、ects shall be com-pleted before the applicable program decision points below for projects not meeting the criteria of 50.20. Compli-ance with applicable authorities cited in 50.4 shall be completed before the applicable program decision points below unless the project meets the cri-teria for exclusi
48、on under 50.19. (a) New Construction. (1) Project mortgage insurance or other financial assistance for multifamily housing projects (including sections 202 and 811), nursing homes, hospitals, group practice facilities and manufactured home parks: Issuance of Site Appraisal and Market Analysis (SAMA)
49、 Letter or initial equivalent indication of HUD approval of a specific site; (2) Public Housing: HUD approval of the proposal. (3) Loan Guarantee Recovery Fund Pro-gram (24 CFR part 573). HUD issuance of a letter of commitment or initial equivalent indication of HUD approval. (b) Rehabilitation projects. Use the de-cision points under new construction for HUD programs cited in paragraph (a) of this section; otherwise the
