[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR50.3]



[Page 371-372]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 50_PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY--Table of 

Contents

 

             Subpart A_General: Federal Laws and Authorities

 

Sec.  50.3  Environmental policy.



    (a) It is the policy of the Department to reject proposals which 

have significant adverse environmental impacts and to encourage the 

modification of projects in order to enhance environmental quality and 

minimize environmental harm.

    (b) The HUD approving official shall consider environmental and 

other Departmental objectives in the decisionmaking process.

    (c) When EA's or EIS's or reviews under Sec.  50.4 reveal conditions 

or safeguards that should be implemented once a proposal is approved in 

order to protect and enhance environmental quality or minimize adverse 

environmental impacts, such conditions or safeguards must be included in 

agreements or other relevant documents.

    (d) A systematic, interdisciplinary approach shall be used to assure 

the integrated use of the natural and social sciences and the 

environmental design arts in making decisions.

    (e) Environmental impacts shall be evaluated on as comprehensive a 

scale as is practicable.

    (f) HUD offices shall begin the environmental review process at the 

earliest possible time so that potential conflicts between program 

procedures and environmental requirements are identified at an early 

stage.

    (g) Applicants for HUD assistance shall be advised of environmental 

requirements and consultation with governmental agencies and individuals 

shall take place at the earliest time feasible.

    (h) For HUD grant programs in which the funding approval for an 

applicant's program must occur before the applicant's selection of 

properties, the application shall contain an assurance that the 

applicant agrees to assist HUD to comply with this part and that the 

applicant shall:

    (1) Supply HUD with all available, relevant information necessary 

for HUD to perform for each property any environmental review required 

by this part;

    (2) Carry out mitigating measures required by HUD or select 

alternate eligible property; and

    (3) Not acquire, rehabilitate, convert, lease, repair or construct 

property, nor commit or expend HUD or local funds for these program 

activities with respect to any eligible property, until HUD approval of 

the property is received.

    (i)(1) It is HUD policy that all property proposed for use in HUD 

programs be free of hazardous materials, contamination, toxic chemicals 

and gasses, and radioactive substances, where



[[Page 372]]



a hazard could affect the health and safety of occupants or conflict 

with the intended utilization of the property.

    (2) HUD environmental review of multifamily and non-residential 

properties shall include evaluation of previous uses of the site and 

other evidence of contamination on or near the site, to assure that 

occupants of proposed sites are not adversely affected by the hazards 

listed in paragraph (i)(1) of this section.

    (3) Particular attention should be given to any proposed site on or 

in the general proximity of such areas as dumps, landfills, industrial 

sites or other locations that contain hazardous wastes.

    (4) HUD shall require the use of current techniques by qualified 

professionals to undertake investigations determined necessary.