[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR906.47]



[Page 365]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 906_PUBLIC HOUSING HOMEOWNERSHIP PROGRAMS--Table of Contents

 

                Subpart E_Program Submission and Approval

 

Sec.  906.47  Environmental requirements.



    (a) General. HUD environmental regulations at 24 CFR part 58 apply 

to this part, unless, under Sec.  58.11 of this title, HUD itself 

performs the environmental review under 24 CFR part 50. The PHA 

conducting a homeownership program under this part must comply with this 

section and part 50 or 58, as applicable.

    (b) Assistance to facilitate the purchase of homes. Where the PHA's 

homeownership program involves assistance provided under the 1937 Act 

solely to assist homebuyers to purchase existing dwelling units or 

dwelling units under construction, an environmental review is not 

required under part 58 or part 50 of this title. However, the 

requirements of Sec.  58.6 or Sec.  50.19(b)(15) of this title are still 

applicable.

    (c) Public housing units in the PHA's inventory. Before the PHA 

rehabilitates or repairs units in its inventory for use for 

homeownership, or expends or commits HUD or local funds for such 

activities, the responsible entity must comply with part 58 and the PHA, 

where required, must submit and receive HUD approval of its request for 

release of funds, or HUD must have completed any part 50 environmental 

review and notified the PHA of its approval of the property. HUD may not 

release funds under this part before the appropriate approval is 

obtained.

    (d) Units to be acquired with federal funds and used for public 

housing homeownership. A PHA may not enter into any contract for 

acquisition of real property to be used in a homeownership program 

unless the required environmental reviews have been performed and 

approvals have been obtained.

    (e) Specific units unidentified. Where the PHA's homeownership 

program contemplates acquisition of properties not identified at the 

time of submission, the PHA must certify that it will comply with this 

section, including paragraph (f) of this section, prior to such 

acquisition or construction. HUD may conditionally approve such a 

homeownership program; however, HUD will not give final approval of any 

site or unit until the required environmental review has been completed.

    (f) Information. The PHA shall supply all relevant information 

necessary for the responsible entity, or HUD, if applicable, to perform 

the environmental review for each property included in the homeownership 

program, and, if necessary, shall carry out mitigating measures or 

select alternate eligible properties. Where HUD performs the 

environmental review, the PHA shall comply with 24 CFR 50.3(h).

    (g) Non-exclusivity. Nothing in this section relieves the 

participating PHA, and its partners and contractors, from complying with 

all requirements of 24 CFR part 50 or part 58, as applicable.