[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR58.1] [Page 405-407] TITLE 24--HOUSING AND URBAN DEVELOPMENT PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES--Table of Contents Subpart A_Purpose, Legal Authority, Federal Laws and Authorities Sec. 58.1 Purpose and applicability. Subpart A_Purpose, Legal Authority, Federal Laws and Authorities Sec. 58.1 Purpose and applicability. 58.2 Terms, abbreviations and definitions. 58.4 Assumption authority. 58.5 Related Federal laws and authorities. 58.6 Other requirements. Subpart B_General Policy: Responsibilities of Responsible Entities 58.10 Basic environmental responsibility. 58.11 Legal capacity and performance. 58.12 Technical and administrative capacity. 58.13 Responsibilities of the certifying officer. 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 C_General Policy: Environmental Review Procedures 58.21 Time periods. 58.22 Limitations on activities pending clearance. 58.23 Financial assistance for environmental review. Subpart D_Environmental 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. 58.35 Categorical exclusions. 58.36 Environmental assessments. 58.37 Environmental impact statement determinations. 58.38 Environmental review record. Subpart E_Environmental Review Process: Environmental Assessments (EA's) 58.40 Preparing the environmental assessment. 58.43 Dissemination and/or publication of the findings of no significant impact. 58.45 Public comment periods. 58.46 Time delays for exceptional circumstances. 58.47 Re-evaluation of environmental assessments and other environmental findings. Subpart F_Environmental Review Process: Environmental Impact Statement Determinations 58.52 Adoption of other agencies' EISs. 58.53 Use of prior environmental impact statements. Subpart G_Environmental Review Process: Procedures for Draft, Final and Supplemental Environmental Impact Statements 58.55 Notice of intent to prepare an EIS. 58.56 Scoping process. 58.57 Lead agency designation. 58.59 Public hearings and meetings. 58.60 Preparation and filing of environmental impact statements. Subpart H_Release of Funds for Particular Projects 58.70 Notice of intent to request release of funds. 58.71 Request for release of funds and certification. 58.72 HUD or State actions on RROFs and certifications. 58.73 Objections to release of funds. [[Page 406]] 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, 4332, 4852, 5304(g), 11402, 12838, and 12905(h); title II of Pub. L. 105-276; 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. (a) Purpose. This part provides instructions and guidance to recipients of HUD assistance and other responsible entities for conducting an environmental review for a particular project or activity and for obtaining approval of a Request for Release of Funds. (b) Applicability. This part applies to activities and projects where specific statutory authority exists for recipients or other responsible entities to assume 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 Development Act 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 Transitional Housing and Permanent Housing for Homeless Persons with Disabilities) and Supplemental Assistance for Facilities to Assist the Homeless), Shelter Plus Care Program, Safe Havens for Homeless Individuals Demonstration Program, and Rural Homeless Housing Assistance, authorized by Title IV of the McKinney-Vento Homeless Assistance Act, in accordance with section 443 (42 U.S.C. 11402); (ii) Grants beginning with Fiscal Year 2001 to private non-profit organizations and housing agencies under the Supportive Housing Program and Shelter Plus Care Program authorized by Title IV of the McKinney- Vento Homeless Assistance Act, in accordance with section 443 (42 U.S.C. 11402); (4) The HOME Investment Partnerships Program authorized by Title II of the Cranston-Gonzalez National Affordable Housing Act (NAHA), in accordance with section 288 (42 U.S.C. 12838); (5) Grants to States and units of general 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 reduction under section 1011 of the Housing 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 accordance 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 Appropriations Act, 1999 (Pub. L. 105-276, approved 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 accordance with section 26 (42 U.S.C. 1437x); (7) Special Projects appropriated under an appropriation act for HUD, such as special projects under the heading ``Annual Contributions for Assisted Housing'' in Title II of various Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Acts, in accordance with section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547); [[Page 407]] (8) The FHA Multifamily Housing Finance Agency Pilot Program under section 542(c) of the Housing and Community Development Act of 1992, in accordance with section 542(c)(9)(12 U.S.C. 1707 note); (9) The Self-Help Homeownership Opportunity Program under section 11 of the Housing Opportunity Program Extension Act of 1996 (Pub. L. 104- 120, 110 Stat. 834), in accordance with section 11(m)); (10) Assistance provided under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), in accordance with: (i) Section 105 for Indian Housing Block Grants and Federal Guarantees or Financing for Tribal Housing Authorities (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 by section 184 of the Housing and Community Development Act of 1992, in accordance with section 184(k) (12 U.S.C. 1715z-13a(k)); and (12) Grants for Housing Opportunities for Persons with AIDS (HOPWA) under the AIDS Housing Opportunity Act, as follows: competitive grants beginning with Fiscal Year 2001 and all formula grants, in accordance with section 856(h) (42 U.S.C. 12905(h)); all grants for Fiscal Year 1999 and prior years, in accordance with section 207(c) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105-276, approved October 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 revolving loan fund, after the fund has received loan repayments, are subject to the environmental review requirements if the rules of the HUD program that initially provided assistance to the fund continue to treat the activities as subject to the Federal requirements. If the HUD program treats the activities as not being subject to any Federal requirements, then the activities cease to become Federally-funded activities and the provisions of this part do not apply. (d) To the extent permitted by applicable laws and the applicable regulations of the Council on Environmental Quality, the Assistant Secretary for Community Planning and Development may, for good cause and with appropriate conditions, approve waivers and exceptions or establish criteria for exceptions from the requirements of this part. [61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56127, Sept. 29, 2003]