[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR906.47]

[Page 371-372]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 906_PUBLIC HOUSING HOMEOWNERSHIP PROGRAMS--Table of Contents
 
                Subpart E_Program Submission and Approval
 
Sec. 906.47  Environmental requirements.

    (a) General. HUD environmental regulations at 24 CFR part 58 apply 
to this part, unless, under Sec. 58.11 of this title, HUD itself 
performs the environmental review under 24 CFR part 50. The PHA 
conducting a homeownership program under this part must comply with this 
section and part 50 or 58, as applicable.
    (b) Assistance to facilitate the purchase of homes. Where the PHA's 
homeownership program involves assistance provided under the 1937 Act 
solely to assist homebuyers to purchase existing dwelling units or 
dwelling units under construction, an environmental review is not 
required under part 58 or part 50 of this title. However, the 
requirements of Sec. 58.6 or Sec. 50.19(b)(15) of this title are still 
applicable.
    (c) Public housing units in the PHA's inventory. Before the PHA 
rehabilitates or repairs units in its inventory for use for 
homeownership, or expends or commits HUD or local funds for such 
activities, the responsible entity must comply with part 58 and the PHA, 
where required, must submit and receive HUD approval of its request for 
release of funds, or HUD must have completed any part 50 environmental 
review and notified the PHA of its approval of the property. HUD may not 
release funds under this part before the appropriate approval is 
obtained.
    (d) Units to be acquired with federal funds and used for public 
housing homeownership. A PHA may not enter into any contract for 
acquisition of real property to be used in a homeownership program 
unless the required environmental reviews have been performed and 
approvals have been obtained.
    (e) Specific units unidentified. Where the PHA's homeownership 
program contemplates acquisition of properties not identified at the 
time of submission, the PHA must certify that it will comply with this 
section, including paragraph (f) of this section, prior to such 
acquisition or construction. HUD may conditionally approve such a

[[Page 372]]

homeownership program; however, HUD will not give final approval of any 
site or unit until the required environmental review has been completed.
    (f) Information. The PHA shall supply all relevant information 
necessary for the responsible entity, or HUD, if applicable, to perform 
the environmental review for each property included in the homeownership 
program, and, if necessary, shall carry out mitigating measures or 
select alternate eligible properties. Where HUD performs the 
environmental review, the PHA shall comply with 24 CFR 50.3(h).
    (g) Non-exclusivity. Nothing in this section relieves the 
participating PHA, and its partners and contractors, from complying with 
all requirements of 24 CFR part 50 or part 58, as applicable.