1、386 24 CFR Subtitle A (4111 Edition) Pt. 58 PART 58ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES AS-SUMING HUD ENVIRONMENTAL RESPONSIBILITIES Subpart APurpose, Legal Authority, Federal Laws and Authorities Sec. 58.1 Purpose and applicability. 58.2 Terms, abbreviations and definitions. 58.4 Assumption
2、 authority. 58.5 Related Federal laws and authorities. 58.6 Other requirements. Subpart BGeneral Policy: Responsibilities of Responsible Entities 58.10 Basic environmental responsibility. 58.11 Legal capacity and performance. 58.12 Technical and administrative capac-ity. 58.13 Responsibilities of th
3、e certifying offi-cer. 58.14 Interaction with State, Federal and non-Federal entities. 58.15 Tiering. 58.17 Reserved 58.18 Responsibilities of States assuming HUD environmental responsibilities. Subpart CGeneral Policy: Environmental Review Procedures 58.21 Time periods. 58.22 Limitations on activit
4、ies pending clearance. 58.23 Financial assistance for environ-mental review. Subpart DEnvironmental Review Process: Documentation, Range of Activities, Project Aggregation and Classification 58.30 Environmental review process. 58.32 Project aggregation. 58.33 Emergencies. 58.34 Exempt activities. 58
5、.35 Categorical exclusions. 58.36 Environmental assessments. 58.37 Environmental impact statement de-terminations. 58.38 Environmental review record. Subpart EEnvironmental Review Process: Environmental Assessments (EAs) 58.40 Preparing the environmental assess-ment. 58.43 Dissemination and/or publi
6、cation of the findings of no significant impact. 58.45 Public comment periods. 58.46 Time delays for exceptional cir-cumstances. 58.47 Re-evaluation of environmental as-sessments and other environmental find-ings. Subpart FEnvironmental Review Process: Environmental Impact Statement De-terminations
7、58.52 Adoption of other agencies EISs. 58.53 Use of prior environmental impact statements. Subpart GEnvironmental Review Process: Procedures for Draft, Final and Supple-mental Environmental Impact State-ments 58.55 Notice of intent to prepare an EIS. 58.56 Scoping process. 58.57 Lead agency designat
8、ion. 58.59 Public hearings and meetings. 58.60 Preparation and filing of environ-mental impact statements. Subpart HRelease of Funds for Particular Projects 58.70 Notice of intent to request release of funds. 58.71 Request for release of funds and cer-tification. 58.72 HUD or State actions on RROFs
9、and certifications. 58.73 Objections to release of funds. 58.74 Time for objecting. 58.75 Permissible bases for objections. 58.76 Procedure for objections. 58.77 Effect of approval of certification. AUTHORITY: 12 U.S.C. 1707 note, 1715z 13a(k); 25 U.S.C. 4115 and 4226; 42 U.S.C. 1437x, 3535(d), 3547
10、, 4332, 4852, 5304(g), 11402, 12838, and 12905(h); title II of Pub. L. 105276; E.O. 11514 as amended by E.O 11991, 3 CFR 1977 Comp., p. 123. SOURCE: 61 FR 19122, Apr. 30, 1996, unless otherwise noted. Subpart APurpose, Legal Au-thority, Federal Laws and Au-thorities 58.1 Purpose and applicability. (
11、a) Purpose. This part provides in-structions and guidance to recipients of HUD assistance and other respon-sible entities for conducting an envi-ronmental review for a particular project or activity and for obtaining approval of a Request for Release of Funds. (b) Applicability. This part applies to
12、 activities and projects where specific VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-387 Office of the Sec
13、retary, HUD 58.1 statutory authority exists for recipi-ents or other responsible entities to as-sume environmental responsibilities. Programs and activities subject to this part include: (1) Community Development Block Grant programs authorized by Title I of the Housing and Community Devel-opment Ac
14、t of 1974, in accordance with section 104(g) (42 U.S.C. 5304(g); (2) Reserved (3)(i) Grants to states and units of general local government under the Emergency Shelter Grant Program, Supportive Housing Program (and its predecessors, the Supportive Housing Demonstration Program (both Transi-tional Ho
15、using and Permanent Housing for Homeless Persons with Disabilities) and Supplemental Assistance for Fa-cilities to Assist the Homeless), Shel-ter Plus Care Program, Safe Havens for Homeless Individuals Demonstration Program, and Rural Homeless Housing Assistance, authorized by Title IV of the McKinn
16、ey-Vento Homeless Assist-ance Act, in accordance with section 443 (42 U.S.C. 11402); (ii) Grants beginning with Fiscal Year 2001 to private non-profit organi-zations and housing agencies under the Supportive Housing Program and Shel-ter Plus Care Program authorized by Title IV of the McKinney-Vento
17、Home-less Assistance Act, in accordance with section 443 (42 U.S.C. 11402); (4) The HOME Investment Partner-ships Program authorized by Title II of the Cranston-Gonzalez National Afford-able Housing Act (NAHA), in accord-ance with section 288 (42 U.S.C. 12838); (5) Grants to States and units of gen-
18、eral local government for abatement of lead-based paint and lead dust hazards pursuant to Title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1992, and grants for lead-based paint hazard re-duction under section 1011 of the H
19、ous-ing and Community Development Act of 1992, in accordance with section 1011(o) (42 U.S.C. 4852(o); (6)(i) Public Housing Programs under Title I of the United States Housing Act of 1937, including HOPE VI grants authorized under section 24 of the Act for Fiscal Year 2000 and later, in ac-cordance
20、with section 26 (42 U.S.C. 1437x); (ii) Grants for the revitalization of severely distressed public housing (HOPE VI) for Fiscal Year 1999 and prior years, in accordance with Title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropria-tions A
21、ct, 1999 (Pub. L. 105276, ap-proved October 21, 1998); and (iii) Assistance administered by a public housing agency under section 8 of the United States Housing Act of 1937, except for assistance provided under part 886 of this title, in accord-ance with section 26 (42 U.S.C. 1437x); (7) Special Pro
22、jects appropriated under an appropriation act for HUD, such as special projects under the head-ing Annual Contributions for Assisted Housing in Title II of various Depart-ments of Veterans Affairs and Housing and Urban Development, and Inde-pendent Agencies Appropriations Acts, in accordance with se
23、ction 305(c) of the Multifamily Housing Property Disposi-tion Reform Act of 1994 (42 U.S.C. 3547); (8) The FHA Multifamily Housing Fi-nance Agency Pilot Program under sec-tion 542(c) of the Housing and Commu-nity Development Act of 1992, in ac-cordance with section 542(c)(9)(12 U.S.C. 1707 note); (9
24、) The Self-Help Homeownership Op-portunity Program under section 11 of the Housing Opportunity Program Ex-tension Act of 1996 (Pub. L. 104120, 110 Stat. 834), in accordance with section 11(m); (10) Assistance provided under the Native American Housing Assistance and Self-Determination Act of 1996 (N
25、AHASDA), in accordance with: (i) Section 105 for Indian Housing Block Grants and Federal Guarantees or Financing for Tribal Housing Au-thorities (25 U.S.C. 4115 and 4226); and (ii) Section 806 for Native Hawaiian Housing Block Grants (25 U.S.C. 4226); (11) Indian Housing Loan Guarantees authorized b
26、y section 184 of the Hous-ing and Community Development Act of 1992, in accordance with section 184(k) (12 U.S.C. 1715z13a(k); and (12) Grants for Housing Opportunities for Persons with AIDS (HOPWA) under the AIDS Housing Opportunity Act, as follows: competitive grants beginning VerDate Mar2010 08:3
27、1 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-388 24 CFR Subtitle A (4111 Edition) 58.2 with Fiscal Year 2001 and all formula g
28、rants, in accordance with section 856(h) (42 U.S.C. 12905(h); all grants for Fiscal Year 1999 and prior years, in ac-cordance with section 207(c) of the De-partments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105276, approved Oc-
29、tober 21, 1998). (c) When HUD assistance is used to help fund a revolving loan fund that is administered by a recipient or another party, the activities initially receiving assistance from the fund are subject to the requirements in this part. Future activities receiving assistance from the revolvin
30、g loan fund, after the fund has received loan repayments, are subject to the environmental review require-ments if the rules of the HUD program that initially provided assistance to the fund continue to treat the activi-ties as subject to the Federal require-ments. If the HUD program treats the acti
31、vities as not being subject to any Federal requirements, then the activi-ties cease to become Federally-funded activities and the provisions of this part do not apply. (d) To the extent permitted by appli-cable laws and the applicable regula-tions of the Council on Environmental Quality, the Assista
32、nt Secretary for Community Planning and Development may, for good cause and with appro-priate conditions, approve waivers and exceptions or establish criteria for ex-ceptions from the requirements of this part. 61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56127, Sept. 29, 2003 58.2 Terms, abbrevi
33、ations and defini-tions. (a) For the purposes of this part, the following definitions supplement the uniform terminology provided in 40 CFR part 1508: (1) Activity means an action that a grantee or recipient puts forth as part of an assisted project, regardless of whether its cost is to be borne by
34、the HUD assistance or is an eligible ex-pense under the HUD assistance pro-gram. (2) Certifying Officer means the offi-cial who is authorized to execute the Request for Release of Funds and Cer-tification and has the legal capacity to carry out the responsibilities of 58.13. (3) Extraordinary Circum
35、stances means a situation in which an environmental assessment (EA) or environmental im-pact statement (EIS) is not normally required, but due to unusual condi-tions, an EA or EIS is appropriate. In-dicators of unusual conditions are: (i) Actions that are unique or with-out precedent; (ii) Actions t
36、hat are substantially similar to those that normally require an EIS; (iii) Actions that are likely to alter existing HUD policy or HUD mandates; or (iv) Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on the environment or
37、in which the environment could have a significant impact on users of the facility. (4) Project means an activity, or a group of integrally related activities, designed by the recipient to accom-plish, in whole or in part, a specific ob-jective. (5) Recipient means any of the fol-lowing entities, whe
38、n they are eligible recipients or grantees under a program listed in 58.1(b): (i) A State that does not distribute HUD assistance under the program to a unit of general local government; (ii) Guam, the Northern Mariana Is-lands, the Virgin Islands, American Samoa, and Palau; (iii) A unit of general
39、local govern-ment; (iv) An Indian tribe; (v) With respect to Public Housing Programs under 58.1(b)(6)(i), fiscal year 1999 and prior HOPE VI grants under 58.1(b)(6)(ii) or Section 8 assist-ance under 58.1(b)(6)(iii), a public housing agency; (vi) Any direct grantee of HUD for a special project under
40、 58.1(b)(7); (vii) With respect to the FHA Multi-family Housing Finance Agency Pro-gram under 58.1(b)(8), a qualified hous-ing finance agency; (viii) With respect to the Self-Help Homeownership Opportunity Program under 58.1(b)(9), any direct grantee of HUD. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 22
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42、he Indian tribe or the Department of Hawaiian Home Lands; and (B) With respect to the Section 184 Indian Housing Loan Guarantee pro-gram under 58.1(b)(11), the Indian tribe. (x) With respect to the Shelter Plus Care and Supportive Housing Programs under 58.1(b)(3)(ii), nonprofit organiza-tions and o
43、ther entities. (6) Release of funds. In the case of the FHA Multifamily Housing Finance Agency Program under 58.1(b)(8), Re-lease of Funds, as used in this part, re-fers to HUD issuance of a firm approval letter, and Request for Release of Funds refers to a recipients request for a firm approval let
44、ter. In the case of the Section 184 Indian Housing Loan Guarantee program under 58.1(b)(11), Release of Funds refers to HUDs issuance of a commitment to guarantee a loan, or if there is no commitment, HUDs issuance of a certificate of guar-antee. (7) Responsible Entity. Responsible En-tity means: (i
45、) With respect to environmental re-sponsibilities under programs listed in 58.1(b)(1), (2), (3)(i), (4), and (5), a re-cipient under the program. (ii) With respect to environmental re-sponsibilities under the programs list-ed in 58.1(b)(3)(ii) and (6) through (12), a state, unit of general local gov
46、ern-ment, Indian tribe or Alaska Native Village, or the Department of Hawaiian Home Lands, when it is the recipient under the program. Under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.) listed in 58.1(b)(10)(i), the Indian tribe is the responsib
47、le entity whether or not a Tribally Designated Housing Entity is authorized to receive grant amounts on behalf of the tribe. The Indian tribe is also the responsible entity under the Section 184 Indian Housing Loan Guarantee program list-ed in 58.1(b)(11). Regional Corpora-tions in Alaska are consid
48、ered Indian tribes in this part. Non-recipient re-sponsible entities are designated as fol-lows: (A) For qualified housing finance agencies, the State or a unit of general local government, Indian tribe or Alas-ka native village whose jurisdiction contains the project site; (B) For public housing ag
49、encies, the unit of general local government with-in which the project is located that ex-ercises land use responsibility, or if HUD determines this infeasible, the county, or if HUD determines this in-feasible, the State; (C) For non-profit organizations and other entities, the unit of general local government, Indian tribe or Alaska na-tive village within which the project is located that exercises land use respon-sibility, or if HUD d
