[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: 24CFR58.53]



[Page 423-424]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

 Subpart F_Environmental Review Process: Environmental Impact Statement 

                             Determinations

 

Sec.  58.53  Use of prior environmental impact statements.



    Where any final EIS has been listed in the Federal Register for a 

project pursuant to this part, or where an areawide or similar broad 

scale final EIS has been issued and the EIS anticipated a subsequent 

project requiring an environmental clearance, then no new EIS is 

required for the subsequent project if all the following conditions are 

met:

    (a) The ERR contains a decision based on a finding pursuant to Sec.  

58.40 that the proposed project is not a new major Federal action 

significantly affecting the quality of the human environment. The 

decision shall include:

    (1) References to the prior EIS and its evaluation of the 

environmental factors affecting the proposed subsequent action subject 

to NEPA;

    (2) An evaluation of any environmental factors which may not have 

been previously assessed, or which may have significantly changed;

    (3) An analysis showing that the proposed project is consistent with 

the location, use, and density assumptions for the site and with the 

timing and capacity of the circulation, utility, and other supporting 

infrastructure assumptions in the prior EIS;



[[Page 424]]



    (4) Documentation showing that where the previous EIS called for 

mitigating measures or other corrective action, these are completed to 

the extent reasonable given the current state of development.

    (b) The prior final EIS has been filed within five (5) years, and 

updated as follows:

    (1) The EIS has been updated to reflect any significant revisions 

made to the assumptions under which the original EIS was prepared;

    (2) The EIS has been updated to reflect new environmental issues and 

data or legislation and implementing regulations which may have 

significant environmental impact on the project area covered by the 

prior EIS.

    (c) There is no litigation pending in connection with the prior EIS, 

and no final judicial finding of inadequacy of the prior EIS has been 

made.