1、374 24 CFR Subtitle A (4111 Edition) Pt. 52 Zones and Accident Potential Zones must be documented as part of the enviornmental assessment or, when no assessment is required, as part of the project file. PART 52INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF HOUSING AND URBAN DEVELOP-MENT PROGRAMS AND ACTI
2、VI-TIES Sec. 52.1 What is the purpose of these regula-tions? 52.2 What definitions apply to these regula-tions? 52.3 What programs and activities of the Department are subject to these regula-tions? 52.4 What are the Secretarys general re-sponsibilities under the Order? 52.5 What is the Secretarys o
3、bligation with respect to Federal interagency coordina-tion? 52.6 What procedures apply to the selection of programs and activities under these regulations? 52.7 How does the Secretary communicate with state and local officials concerning the Departments programs and activi-ties? 52.8 How does the S
4、ecretary provide states an opportunity to comment on proposed Federal financial assistance and direct Federal development? 52.9 How does the Secretary receive and re-spond to comments? 52.10 How does the Secretary make efforts to accommodate intergovernmental con-cerns? 52.11 What are the Secretarys
5、 obligations in interstate situations? 52.12 Reserved AUTHORITY: 31 U.S.C. 6506; 42 U.S.C. 3334, 3535(d). SOURCE: 48 FR 29216, June 24, 1983, unless otherwise noted. 52.1 What is the purpose of these reg-ulations? (a) The regulations in this part im-plement Executive Order 12372, Inter-governmental
6、Review of Federal Pro-grams, issued July 14, 1982 and amend-ed on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968 and section 204 of the Demonstration Cities and Metro-politan Development Act of 1966. (b) These reg
7、ulations are intended to foster an intergovernmental partner-ship and a strengthened Federalism by relying on state processes and on state, areawide, regional and local coordina-tion for review of proposed Federal fi-nancial assistance and direct Federal development. (c) These regulations are intend
8、ed to aid the internal management of the De-partment, and are not intended to cre-ate any right or benefit enforceable at law by a party against the Department or its officers. 52.2 What definitions apply to these regulations? Order means Executive Order 12372, issued July 14, 1982, and amended Apri
9、l 8, 1983 and titled Intergovernmental Review of Federal Programs. Secretary means the Secretary of the U.S. Department of Housing and Urban Development or an official or employee of the Department acting for the Sec-retary under a delegation of authority. State means any of the 50 states, the Distr
10、ict of Columbia, the Common-wealth of Puerto Rico, the Common-wealth of the Northern Mariana Is-lands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Terri-tory of the Pacific Islands. 48 FR 29216, June 24, 1983, as amended at 61 FR 5205, Feb. 9, 1996 52.3 What programs and activities o
11、f the Department are subject to these regulations? The Secretary publishes in the FED-ERAL REGISTER a list of the Depart-ments programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Me
12、tropolitan Development Act. 52.4 What are the Secretarys general responsibilities under the Order? (a) The Secretary provides opportuni-ties for consultation by elected offi-cials of those state and local govern-ments that would provide the non-fed-eral funds for, or that would be directly affected
13、by, proposed Federal financial assistance from, or direct Federal de-velopment by, the Department. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking p
14、ermitted without license from IHS-,-,-375 Office of the Secretary, HUD 52.7 (b) If a state adopts a process under the Order to review and coordinate pro-posed Federal financial assistance and direct Federal development, the Sec-retary, to the extent permitted by law: (1) Uses the state process to de
15、ter-mine official views of state and local elected officials; (2) Communicates with state and local elected officials as early in a pro-gram planning cycle as is reasonably feasible to explain specific plans and actions; (3) Makes efforts to accommodate state and local elected officials con-cerns wi
16、th proposed Federal financial assistance and direct Federal develop-ment that are communicated through the state process; (4) Allows the states to simplify and consolidate existing federally required state plan submissions; (5) Where state planning and budg-eting systems are sufficient and where per
17、mitted by law, encourages the sub-stitution of state plans for federally re-quired state plans; (6) Seeks the coordination of views of affected state and local elected offi-cials in one state with those of another state when proposed Federal financial assistance or direct Federal develop-ment has an
18、 impact on interstate met-ropolitan urban centers or other inter-state areas; and (7) Supports state and local govern-ments by discouraging the reauthoriza-tion or creation of any planning orga-nization which is federally-funded, which has a limited purpose, and which is not adequately representativ
19、e of, or accountable to, state or local elected officials. 52.5 What is the Secretarys obliga-tion with respect to Federal inter-agency coordination? The Secretary, to the extent prac-ticable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an
20、 effort to assure full coordination be-tween such agencies and the Depart-ment regarding programs and activi-ties covered under these regulations. 52.6 What procedures apply to the se-lection of programs and activities under these regulations? (a) A state may select any program or activity published
21、 in the FEDERAL REGISTER in accordance with 52.3 of this part for intergovernmental review under these regulations. Each state, before selecting programs and activi-ties shall consult with local elected of-ficials. (b) Each state that adopts a process shall notify the Secretary of the De-partments p
22、rograms and activities se-lected for that process. (c) A state may notify the Secretary of changes in its selections at any time. For each change, the state shall submit to the Secretary an assurance that the state has consulted with local elected officials regarding the change. The Department may e
23、stablish dead-lines by which states are required to inform the Secretary of changes in their program selections. (d) The Secretary uses a states proc-ess as soon as feasible, depending on in-dividual programs and activities, after the Secretary is notified of its selec-tions. 52.7 How does the Secre
24、tary commu-nicate with state and local officials concerning the Departments pro-grams and activities? (a) For those programs and activities covered by a state process under 52.6, the Secretary, to the extent permitted by law (1) Uses the state process to deter-mine views of state and local elected o
25、fficials; and, (2) Communicates with state and local elected officials, through the state process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions. (b) The Secretary provides notice to directly affected state, areawide, re-gional, and local entiti
26、es in a state of proposed Federal financial assistance or direct Federal development if (1) The state has not adopted a proc-ess under the Order; or (2) The assistance or development in-volves a program or activity not se-lected for the state process. This notice may be made by publica-tion in the F
27、EDERAL REGISTER or other VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-376 24 CFR Subtitle A (4111 Edition)
28、 52.8 appropriate means, which the Depart-ment in its discretion deems appro-priate. 52.8 How does the Secretary provide states an opportunity to comment on proposed Federal financial as-sistance and direct Federal devel-opment? (a) Except in unusual circumstances, the Secretary gives state processe
29、s or directly affected state, areawide, re-gional and local officials and entities (1) At least 30 days from the date es-tablished by the Secretary to comment on proposed Federal financial assist-ance under: (i) A covered mortgage in-surance program, (ii) the Urban Devel-opment Action Grant Program,
30、 or (iii) the Housing Development Grant Pro-gram. (2) At least 60 days from the date es-tablished by the Secretary to comment on proposed Federal financial assist-ance other than under a program cov-ered by paragraph (a)(1). (b) This section also applies to com-ments in cases in which the review, co
31、-ordination, and communication with the Department have been delegated. (c) Applicants for programs and ac-tivities subject to section 204 of the Demonstration Cities and Metropolitan Act shall allow areawide agencies a 60- day opportunity for review and com-ment. 48 FR 29216, June 24, 1983, as amen
32、ded at 49 FR 24653, June 14, 1984 52.9 How does the Secretary receive and respond to comments? (a) The Secretary follows the proce-dures in 52.10 if (1) A state office or official is des-ignated to act as a single point of con-tact between a state process and all Federal agencies, and (2) That offic
33、e or official transmits a state process recommendation for a program selected under 52.6. (b)(1) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation. (2) If a state process rec
34、ommendation is transmitted by a single point of con-tact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a state has not established a process, or is unable to submit a state process recommendation, state, areawide,
35、regional and local officials and entities may submit comments ei-ther to the applicant or to the Depart-ment. (d) If a program or activity is not se-lected for a state process, state, areawide, regional and local officials and entities may submit comments ei-ther to the applicant or to the Depart-me
36、nt. In addition, if a state process recommendation for a nonselected pro-gram or activity is transmitted to the Department by the single point of con-tact, the Secretary follows the proce-dures of 52.10 of this part. (e) The Secretary considers com-ments which do not constitute a state process recom
37、mendation submitted under these regulations and for which the Secretary is not required to apply the procedures of 52.10 of this part, when such comments are provided by a single point of contact, by the appli-cant, or directly to the Department by a commenting party. 52.10 How does the Secretary ma
38、ke efforts to accommodate intergov-ernmental concerns? (a) If a state process provides a state process recommendation to the Depart-ment through its single point of con-tact, the Secretary either (1) Accepts the recommendation; (2) Reaches a mutually agreeable so-lution with the state process; or (3
39、) Provides the single point of con-tact with such written explanation of its decision, as the Secretary in his or her discretion deems appropriate. The Secretary may also supplement the written explanation by providing the explanation to the single point of con-tact by telephone, other telecommuni-c
40、ation, or other means. (b) In any explanation under para-graph (a)(3) of this section, the Sec-retary informs the single point of con-tact that (1) The Department will not imple-ment its decision for at least ten days after the single point of contact re-ceives the explanation; or VerDate Mar2010 08
41、:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-377 Office of the Secretary, HUD 55.1 (2) The Secretary has reviewed the decisi
42、on and determined that, because of unusual circumstances, the waiting period of at least ten days is not fea-sible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of con-tact is presumed to have received writ-ten notification 5 days after the
43、date of mailing of such notification. 52.11 What are the Secretarys obliga-tions in interstate situations? (a) The Secretary is responsible for (1) Identifying proposed Federal fi-nancial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate off
44、icials and entities in states which have adopted a process and which select the Departments program or activity. (3) Making efforts to identify and no-tify the affected state, areawide, re-gional, and local officials and entities in those states that have not adopted a process under the Order or do
45、not se-lect the Departments program or ac-tivity; (4) Responding pursuant to 52.10 of this part if the Secretary receives a recommendation from a designated areawide agency transmitted by a sin-gle point of contact, in cases in which review, coordination, and communica-tion with the Department have
46、been delegated. (b) The Secretary uses the procedures in 52.10 if a state process provides a state process recommendation to the Department through a single point of contact. 52.12 Reserved PART 55FLOODPLAIN MANAGEMENT Subpart AGeneral Sec. 55.1 Purpose and basic responsibility. 55.2 Terminology. 55
47、.3 Assignment of responsibilities. Subpart BApplication of Executive Order on Floodplain Management 55.10 Environmental review procedures under 24 CFR parts 50 and 58. 55.11 Applicability of subpart C decision making process. 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed
48、actions. Subpart CProcedures for Making Deter-minations on Floodplain Management 55.20 Decision making process. 55.21 Notification of floodplain hazard. 55.22 Conveyance restrictions for the dis-position of multifamily real property. 55.23 Reserved 55.24 Aggregation. 55.25 Areawide compliance. 55.26
49、 Adoption of another agencys review under the executive orders. 55.27 Documentation. AUTHORITY: 42 U.S.C. 3535(d) and 40014128; E.O. 11988, 42 FR 26951, 3 CFR, 1977 Comp., p. 117. SOURCE: 59 FR 19107, Apr. 21, 1994, unless otherwise noted. Subpart AGeneral 55.1 Purpose and basic responsi-bility. (a) This part implements the require-ments of Executive Order 11988, Flood-plain Management, and employs the principles
