[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: 24CFR58.11]



[Page 414-415]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

   Subpart B_General Policy: Responsibilities of Responsible Entities

 

Sec.  58.11  Legal capacity and performance.



    (a) A responsible entity which believes that it does not have the 

legal capacity to carry out the environmental responsibilities required 

by this part must contact the appropriate local HUD Office or the State 

for further instructions. Determinations of legal capacity will be made 

on a case-by-case basis.

    (b) If a public housing, special project, HOPWA, Supportive Housing, 

Shelter Plus Care, or Self-Help Homeownership Opportunity recipient that 

is not a responsible entity objects to the non-recipient responsible 

entity conducting the environmental review on the basis of performance, 

timing, or compatibility of objectives, HUD will review the facts to 

determine who will perform the environmental review.

    (c) At any time, HUD may reject the use of a responsible entity to 

conduct the environmental review in a particular case on the basis of 

performance, timing or compatibility of objectives, or in accordance 

with Sec.  58.77(d)(1).



[[Page 415]]



    (d) If a responsible entity, other than a recipient, objects to 

performing an environmental review, or if HUD determines that the 

responsible entity should not perform the environmental review, HUD may 

designate another responsible entity to conduct the review in accordance 

with this part or may itself conduct the environmental review in 

accordance with the provisions of 24 CFR part 50.



[61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56129, Sept. 29, 2003]