[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: 24CFR58.47]



[Page 422-423]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

Subpart E_Environmental Review Process: Environmental Assessments (EA's)

 

Sec.  58.47  Re-evaluation of environmental assessments and other 

environmental findings.



    (a) A responsible entity must re-evaluate its environmental findings 

to determine if the original findings are still valid, when:

    (1) The recipient proposes substantial changes in the nature, 

magnitude or extent of the project, including adding new activities not 

anticipated in the original scope of the project;



[[Page 423]]



    (2) There are new circumstances and environmental conditions which 

may affect the project or have a bearing on its impact, such as 

concealed or unexpected conditions discovered during the implementation 

of the project or activity which is proposed to be continued; or

    (3) The recipient proposes the selection of an alternative not in 

the original finding.

    (b)(1) If the original findings are still valid but the data or 

conditions upon which they were based have changed, the responsible 

entity must affirm the original findings and update its ERR by including 

this re-evaluation and its determination based on its findings. Under 

these circumstances, if a FONSI notice has already been published, no 

further publication of a FONSI notice is required.

    (2) If the responsible entity determines that the original findings 

are no longer valid, it must prepare an EA or an EIS if its evaluation 

indicates potentially significant impacts.

    (3) Where the recipient is not the responsible entity, the recipient 

must inform the responsible entity promptly of any proposed substantial 

changes under paragraph (a)(1) of this section, new circumstances or 

environmental conditions under paragraph (a)(2) of this section, or any 

proposals to select a different alternative under paragraph (a)(3) of 

this section, and must then permit the responsible entity to re-evaluate 

the findings before proceeding.



[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998]