[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: 24CFR58.22]



[Page 416-417]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

        Subpart C_General Policy: Environmental Review Procedures

 

Sec.  58.22  Limitations on activities pending clearance.



    (a) Neither a recipient nor any participant in the development 

process, including public or private nonprofit or for-profit entities, 

or any of their contractors, may commit HUD assistance under a program 

listed in Sec.  58.1(b) on an activity or project until HUD or the state 

has approved the recipient's RROF and the related certification from the 

responsible entity. In addition, until the RROF and the related 

certification have been approved, neither a recipient nor any 

participant in the development process may commit non-HUD funds on or 

undertake an activity or project under a program listed in Sec.  58.1(b) 

if the activity or project would have an adverse environmental impact or 

limit the choice of reasonable alternatives.

    (b) If a project or activity is exempt under Sec.  58.34, or is 

categorically excluded (except in extraordinary circumstances) under 

Sec.  58.35(b), no RROF is required and the recipient may undertake the 

activity immediately after the responsible entity has documented its 

determination as required in Sec.  58.34(b) and Sec.  58.35(d), but the 

recipient must comply with applicable requirements under Sec.  58.6.

    (c) If a recipient is considering an application from a prospective 

subrecipient or beneficiary and is aware that the prospective 

subrecipient or beneficiary is about to take an action within the 

jurisdiction of the recipient that is prohibited by paragraph (a) of 

this section, then the recipient will take appropriate action to ensure 

that the objectives and procedures of NEPA are achieved.

    (d) An option agreement on a proposed site or property is allowable 

prior to the completion of the environmental review if the option 

agreement is subject to a determination by the recipient on the 

desirability of the property for the project as a result of the 

completion of the environmental review in accordance with this part and 

the cost of the option is a nominal portion of the purchase price. There 

is no constraint on the purchase of an option by third parties that have 

not been selected for HUD funding, have no responsibility for the 

environmental review and have no say in the approval or disapproval of 

the project.

    (e) Self-Help Homeownership Opportunity Program (SHOP). In 

accordance with section 11(d)(2)(A) of the Housing



[[Page 417]]



Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note), an 

organization, consortium, or affiliate receiving assistance under the 

SHOP program may advance nongrant funds to acquire land prior to 

completion of an environmental review and approval of a Request for 

Release of Funds (RROF) and certification, notwithstanding paragraph (a) 

of this section. Any advances to acquire land prior to approval of the 

RROF and certification are made at the risk of the organization, 

consortium, or affiliate and reimbursement for such advances may depend 

on the result of the environmental review. This authorization is limited 

to the SHOP program only and all other forms of HUD assistance are 

subject to the limitations in paragraph (a) of this section.

    (f) Relocation. Funds may be committed for relocation assistance 

before the approval of the RROF and related certification for the 

project provided that the relocation assistance is required by 24 CFR 

part 42.



[68 FR 56129, Sept. 29, 2003]