[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: 24CFR58.77]



[Page 426-427]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

           Subpart H_Release of Funds for Particular Projects

 

Sec.  58.77  Effect of approval of certification.



    (a) Responsibilities of HUD and States. HUD's (or, where applicable, 

the State's) approval of the certification shall be deemed to satisfy 

the responsibilities of the Secretary under NEPA and related provisions 

of law cited at Sec.  58.5 insofar as those responsibilities relate to 

the release of funds as authorized by the applicable provisions of law 

cited in Sec.  58.1(b).

    (b) Public and agency redress. Persons and agencies seeking redress 

in relation to environmental reviews covered by an approved 

certification shall deal with the responsible entity and not with HUD. 

It is HUD's policy to refer all inquiries and complaints to the 

responsible entity and its Certifying Officer. Similarly, the State 

(where applicable) may direct persons and agencies



[[Page 427]]



seeking redress in relation to environmental reviews covered by an 

approved certification to deal with the responsible entity, and not the 

State, and may refer inquiries and complaints to the responsible entity 

and its Certifying Officer. Remedies for noncompliance are set forth in 

program regulations.

    (c) Implementation of environmental review decisions. Projects of a 

recipient will require post-review monitoring and other inspection and 

enforcement actions by the recipient and the State or HUD (using 

procedures provided for in program regulations) to assure that decisions 

adopted through the environmental review process are carried out during 

project development and implementation.

    (d) Responsibility for monitoring and training. (1) At least once 

every three years, HUD intends to conduct in-depth monitoring and 

exercise quality control (through training and consultation) over the 

environmental activities performed by responsible entities under this 

part. Limited monitoring of these environmental activities will be 

conducted during each program monitoring site visit. If through limited 

or in-depth monitoring of these environmental activities or by other 

means, HUD becomes aware of any environmental deficiencies, HUD may take 

one or more of the following actions:

    (i) In the case of problems found during limited monitoring, HUD may 

schedule in-depth monitoring at an earlier date or may schedule in-depth 

monitoring more frequently;

    (ii) HUD may require attendance by staff of the responsible entity 

at HUD-sponsored or approved training, which will be provided 

periodically at various locations around the country;

    (iii) HUD may refuse to accept the certifications of environmental 

compliance on subsequent grants;

    (iv) HUD may suspend or terminate the responsible entity's 

assumption of the environmental review responsibility;

    (v) HUD may initiate sanctions, corrective actions, or other 

remedies specified in program regulations or agreements or contracts 

with the recipient.

    (2) HUD's responsibilities and action under paragraph (d)(1) of this 

section shall not be construed to limit or reduce any responsibility 

assumed by a responsible entity with respect to any particular release 

of funds under this part. Whether or not HUD takes action under 

paragraph (d)(1) of this section, the Certifying Officer remains the 

responsible Federal official under Sec.  58.13 with respect to projects 

and activities for which the Certifying Officer has submitted a 

certification under this part.