[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1000.20]



[Page 736-737]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  1000.20  Is an Indian tribe required to assume environmental review 

responsibilities?



    (a) No. It is an option an Indian tribe may choose. If an Indian 

tribe declines to assume the environmental review responsibilities, HUD 

will perform the environmental review in accordance with 24 CFR part 50. 

The timing of HUD undertaking the environmental review will be subject 

to the availability of resources. A HUD environmental review must be 

completed for any NAHASDA assisted activities not excluded from review 

under 24 CFR 50.19(b) before a recipient may acquire, rehabilitate, 

convert, lease, repair or construct property, or commit HUD or local 

funds used in conjunction with such NAHASDA assisted activities with 

respect to the property.

    (b) If an Indian tribe assumes environmental review 

responsibilities:

    (1) Its certifying officer must certify that he/she is authorized 

and consents on behalf of the Indian tribe and such officer to accept 

the jurisdiction of the Federal courts for the purpose of enforcement of 

the responsibilities of the certifying officer as set forth in section 

105(c) of NAHASDA; and

    (2) The Indian tribe must follow the requirements of 24 CFR part 58.

    (3) No funds may be committed to a grant activity or project before 

the completion of the environmental review and approval of the request 

for release of funds and related certification



[[Page 737]]



required by sections 105(b) and 105(c) of NAHASDA, except as authorized 

by 24 CFR part 58 such as for the costs of environmental reviews and 

other planning and administrative expenses.

    (c) Where an environmental assessment (EA) is appropriate under 24 

CFR part 50, instead of an Indian tribe assuming environmental review 

responsibilities under paragraph (b) of this section or HUD preparing 

the EA itself under paragraph (a) of this section, an Indian tribe or 

TDHE may prepare an EA for HUD review. In addition to complying with the 

requirements of 40 CFR 1506.5(a), HUD shall make its own evaluation of 

the environmental issues and take responsibility for the scope and 

content of the EA in accordance with 40 CFR 1506.5(b).