[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: 24CFR58.4]



[Page 412]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

    Subpart A_Purpose, Legal Authority, Federal Laws and Authorities

 

Sec.  58.4  Assumption authority.



    (a) Assumption authority for responsible entities: General. 

Responsible entities shall assume the responsibility for environmental 

review, decision-making, and action that would otherwise apply to HUD 

under NEPA and other provisions of law that further the purposes of 

NEPA, as specified in Sec.  58.5. Responsible entities that receive 

assistance directly from HUD assume these responsibilities by execution 

of a grant agreement with HUD and/or a legally binding document such as 

the certification contained on HUD Form 7015.15, certifying to the 

assumption of environmental responsibilities. When a State distributes 

funds to a responsible entity, the State must provide for appropriate 

procedures by which these responsible entities will evidence their 

assumption of environmental responsibilities.

    (b) Particular responsibilities of the States. (1) States are 

recipients for purposes of directly undertaking a State project and must 

assume the environmental review responsibilities for the State's 

activities and those of any non-governmental entity that may participate 

in the project. In this case, the State must submit the certification 

and RROF to HUD for approval.

    (2) States must exercise HUD's responsibilities in accordance with 

Sec.  58.18, with respect to approval of a unit of local government's 

environmental certification and RROF for a HUD assisted project funded 

through the state. Approval by the state of a unit of local government's 

certification and RROF satisfies the Secretary's responsibilities under 

NEPA and the related laws cited in Sec.  58.5.

    (c) Particular responsibilities of Indian tribes. An Indian tribe 

may, but is not required to, assume responsibilities for environmental 

review, decision-making and action for programs authorized by the Native 

American Housing Assistance and Self-Determination Act of 1996 (25 

U.S.C. 4101 et seq.) (other than title VIII) or section 184 of the 

Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a). The 

tribe must make a separate decision regarding assumption of 

responsibilities for each of these Acts and communicate that decision in 

writing to HUD. If the tribe assumes these responsibilities, the 

requirements of this part shall apply. If a tribe formally declines 

assumption of these responsibilities, they are retained by HUD and the 

provisions of part 50 of this title apply.



[61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56128, Sept. 29, 2003]