[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: 24CFR983.58]



[Page 663-664]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 983_PROJECT-BASED VOUCHER (PBV) PROGRAM--Table of Contents

 

               Subpart B_Selection of PBV Owner Proposals

 

Sec.  983.58  Environmental review.



    (a) HUD environmental regulations. Activities under the PBV program 

are subject to HUD environmental regulations in 24 CFR parts 50 and 58.

    (b) Who performs the environmental review? (1) Under 24 CFR part 58, 

a unit of general local government, a county or a state (the 

``responsible entity'' or ``RE'') is responsible for the federal 

environmental review under the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.) and related applicable federal laws and 

authorities in accordance with 24 CFR 58.5 and 58.6.



[[Page 664]]



    (2) If a PHA objects in writing to having the RE perform the federal 

environmental review, or if the RE declines to perform it, then HUD may 

perform the review itself (24 CFR 58.11). 24 CFR part 50 governs HUD 

performance of the review.

    (c) Existing housing. In the case of existing housing under this 

part 983, the RE that is responsible for the environmental review under 

24 CFR part 58 must determine whether or not PBV assistance is 

categorically excluded from review under the National Environmental 

Policy Act and whether or not the assistance is subject to review under 

the laws and authorities listed in 24 CFR 58.5.

    (d) Limitations on actions before completion of the environmental 

review. (1) The PHA may not enter into an Agreement or HAP contract with 

an owner, and the PHA, the owner, and its contractors may not acquire, 

rehabilitate, convert, lease, repair, dispose of, demolish, or construct 

real property or commit or expend program or local funds for PBV 

activities under this part, until one of the following occurs:

    (i) The responsible entity has completed the environmental review 

procedures required by 24 CFR part 58, and HUD has approved the 

environmental certification and request for release of funds;

    (ii) The responsible entity has determined that the project to be 

assisted is exempt under 24 CFR 58.34 or is categorically excluded and 

not subject to compliance with environmental laws under 24 CFR 58.35(b); 

or

    (iii) HUD has performed an environmental review under 24 CFR part 50 

and has notified the PHA in writing of environmental approval of the 

site.

    (2) HUD will not approve the release of funds for PBV assistance 

under this part if the PHA, the owner, or any other party commits funds 

(i.e., enters an Agreement or HAP contract or otherwise incurs any costs 

or expenditures to be paid or reimbursed with such funds) before the PHA 

submits and HUD approves its request for release of funds (where such 

submission is required).

    (e) PHA duty to supply information. The PHA must supply all 

available, relevant information necessary for the RE (or HUD, if 

applicable) to perform any required environmental review for any site.

    (f) Mitigating measures. The PHA must require the owner to carry out 

mitigating measures required by the RE (or HUD, if applicable) as a 

result of the environmental review.