The
foremost Environmental law is the National
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and
implementing Executive
Order 11514 (3 CFR, 1966-1970 Comp., p. 902) as amended by Executive
Order 11991 (3 CFR, 1977 Comp., p. 123) and the implementing
regulations of the Council
on Environmental Quality (40 CFR parts 1500-1508).
Assumption
Authorizations Under §58.1(b)
The
following provisions of law authorize State, local, and Native American
governments to assume HUD's environmental review responsibilities.
These governments perform as the responsible entity for environmental
review, decision-making, and action that would otherwise apply to
HUD under the National Environmental Policy Act (NEPA) and other
provisions of laws that further the purposes of NEPA, as specified
in §58.5. These laws are referenced in §58.1(b). Here the complete
text of the provision of law is cited and the HUD programs to which
it applies are identified. Only these HUD programs are authorized
to use environmental regulations at 24 CFR part 58 - Environmental
Review Procedures for Entities Assuming HUD Environmental Responsibilities.
Law |
HUD
Programs |
Section 104(g) of the Housing and Community Development Act
of 1974 (42
U.S.C. 5304(g)) |
|
Community
Development Block Grants (Entitlement) |
|
Community
Development Block Grants (for States and Small Cities Section
108 Loan Guarantees) |
|
Community
Development Block Grants for Indian Tribes and Alaska Native
Villages |
|
Economic
Development Initiative Grants |
|
Brownfields
Economic Development Initiative Grants |
|
Section 443 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11402) |
|
Emergency
Shelter Grants |
|
Shelter Plus Care Grants |
|
Supportive Housing Grants |
|
Section 8 Moderate Rehabilitation Single Room |
|
Occupancy
for Homeless Individuals |
|
Section 288 of the Cranston-Gonzales National Affordable Housing
Act (42
U.S.C. 12838) |
|
HOME
Investment Partnerships Grants |
|
Section 1011(o) of the Housing and Community Development
Act of 1992 (42
U.S.C. 4852(o)) |
|
Grants
to State and local governments for lead-based paint hazard
control |
|
Section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x) |
|
Public
Housing Assistance (Capital Improvements) |
|
HOPE VI Revitalization Grants |
|
HOPE VI Demolition Grants |
|
Capital Fund Grants |
|
Mixed Finance Assistance |
|
Section 202 Conversions |
|
Section
8 (except the Section 8 special allocation program) |
|
Section
8 Program for Disposition of HUD-owned projects |
|
Section 305 of the Multifamily Housing Property Disposition
Reform Act of 1994 (42
U.S.C. 3547) |
|
Special
Project Grants |
|
Section
542(c)(9) of the Housing and Community Development Act of
1992 (12
U.S.C. 1707 note)
|
|
FHA
Multifamily Housing Finance Agency Pilot Program |
|
Section
11(m) of the Housing Opportunity Program Extension Act of
1996 (42
U.S.C. 12805 note) |
|
Self-Help
Homeownership Opportunity Program |
|
Section 105 of the Native American Housing Assistance and Self-Determination
Act of 1996 (25
U.S.C. 4115)
|
|
Native
American Housing Block Grants |
|
Section 184(k) of the Housing and Community Development Act
of 1992 (12
U.S.C. 1715z-13a(k)) |
|
Native
American Housing Loan Guarantees |
|
Section
806 of the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4226) |
|
Native
Hawaiian Housing Block Grants |
|
Section
207(c) of the FY 1999 Department of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act (Pub. L. 108-276) |
|
Grants
for Housing Opportunities for Persons with AIDS |
|
Related
Federal Laws and Authorities Under §
58.5
In
accordance with the provisions of law cited in §58.1(b), the responsible
entity must assume responsibilities for environmental review, decision-making
and action that would apply to HUD under the following specified
laws and authorities cited in §58.5 are identified by subject:
Subjects |
Laws
and Authorities |
(1)
Historic Properties |
|
The
National Historic Preservation Act of 1966 as amended (16
U.S.C. 470 et seq., particularly sections 106 and 110 (16
U.S.C. 470 and 470h-2))
|
|
Executive
Order 11593, Protection and Enhancement of the Cultural
Environment |
|
Advisory Council on Historic Preservation 36
CFR part 800 |
|
The Reservoir Salvage Act of 1960 as amended by the Archeological
and Historic Preservation Act of 1974 (16
U.S.C. 469 et seq.), particularly section 3 (16
U.S.C. 469a-1) |
|
(2)
Floodplain Management and Wetland Protection |
|
(3)
Coastal Zone Management |
|
(4)
Sole Source Aquifers |
|
(5)
Endangered Species |
|
(6)
Wild and Scenic Rivers |
|
(7)
Air quality |
|
The
Clean Air Act (42
U.S.C. 7401 et seq.) as amended; particularly section
176(c) and (d) (42
U.S.C. 7506(c) and (d))
|
|
Determining
conformity of Federal Actions to State or Federal Implementation
Plans (Environmental Protection Agency-40 CFR parts 6,
51,
and 93) |
|
(8)
Farmlands Protection |
|
(9)
HUD Environmental Standards |
|
(10)
Environmental Justice |
|
Executive
Order 12898-Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations |
|
Other
Requirements Under §
58.6
In
addition to the duties under the laws and authorities specified
in §58.5 for assumption by the responsible entity under the laws
cited in §58.1(b), the responsible entity must comply with the following
requirements cited in §58.6.
Issue |
Requirements |
(1)
National Flood Insurance |
|
(2)
Disaster Assistance |
|
(3)
Designated Coastal Barriers |
|
Coastal
Barrier Resources Act, as amended by the Coastal Barrier
Improvement Act of 1990 (16
U.S.C. 3501) |
|
(4)
Notice of Runway Clear Zone |
|
|