[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: 24CFR58.4]

[Page 409]
 
                 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. 58.4  Assumption authority.

    (a) Assumption authority for responsible entities: General. 
Responsible entities shall assume the responsibility for environmental 
review, decision-making, and action that would otherwise apply to HUD 
under NEPA and other provisions of law that further the purposes of 
NEPA, as specified in Sec. 58.5. Responsible entities that receive 
assistance directly from HUD assume these responsibilities by execution 
of a grant agreement with HUD and/or a legally binding document such as 
the certification contained on HUD Form 7015.15, certifying to the 
assumption of environmental responsibilities. When a State distributes 
funds to a responsible entity, the State must provide for appropriate 
procedures by which these responsible entities will evidence their 
assumption of environmental responsibilities.
    (b) Particular responsibilities of the States. (1) States are 
recipients for purposes of directly undertaking a State project and must 
assume the environmental review responsibilities for the State's 
activities and those of any non-governmental entity that may participate 
in the project. In this case, the State must submit the certification 
and RROF to HUD for approval.
    (2) States must exercise HUD's responsibilities in accordance with 
Sec. 58.18, with respect to approval of a unit of local government's 
environmental certification and RROF for a HUD assisted project funded 
through the state. Approval by the state of a unit of local government's 
certification and RROF satisfies the Secretary's responsibilities under 
NEPA and the related laws cited in Sec. 58.5.
    (c) Particular responsibilities of Indian tribes. An Indian tribe 
may, but is not required to, assume responsibilities for environmental 
review, decision-making and action for programs authorized by the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4101 et seq.) (other than title VIII) or section 184 of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a). The 
tribe must make a separate decision regarding assumption of 
responsibilities for each of these Acts and communicate that decision in 
writing to HUD. If the tribe assumes these responsibilities, the 
requirements of this part shall apply. If a tribe formally declines 
assumption of these responsibilities, they are retained by HUD and the 
provisions of part 50 of this title apply.

[61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56128, Sept. 29, 2003]