[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR58.2] [Page 407-409] TITLE 24--HOUSING AND URBAN DEVELOPMENT PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES--Table of Contents Subpart A_Purpose, Legal Authority, Federal Laws and Authorities Sec. 58.2 Terms, abbreviations and definitions. (a) For the purposes of this part, the following definitions supplement the uniform terminology provided in 40 CFR part 1508: (1) Activity means an action that a grantee or recipient puts forth as part of an assisted project, regardless of whether its cost is to be borne by the HUD assistance or is an eligible expense under the HUD assistance program. (2) Certifying Officer means the official who is authorized to execute the Request for Release of Funds and Certification and has the legal capacity to carry out the responsibilities of Sec. 58.13. (3) Extraordinary Circumstances means a situation in which an environmental assessment (EA) or environmental impact statement (EIS) is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are: (i) Actions that are unique or without precedent; (ii) Actions that are substantially similar to those that normally require an EIS; (iii) Actions that are likely to alter existing HUD policy or HUD mandates; or (iv) Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on the environment or in which the environment could have a significant impact on users of the facility. (4) Project means an activity, or a group of integrally related activities, [[Page 408]] designed by the recipient to accomplish, in whole or in part, a specific objective. (5) Recipient means any of the following entities, when they are eligible recipients or grantees under a program listed in Sec. 58.1(b): (i) A State that does not distribute HUD assistance under the program to a unit of general local government; (ii) Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Palau; (iii) A unit of general local government; (iv) An Indian tribe; (v) With respect to Public Housing Programs under Sec. 58.1(b)(6)(i), fiscal year 1999 and prior HOPE VI grants under Sec. 58.1(b)(6)(ii) or Section 8 assistance under Sec. 58.1(b)(6)(iii), a public housing agency; (vi) Any direct grantee of HUD for a special project under Sec. 58.1(b)(7); (vii) With respect to the FHA Multifamily Housing Finance Agency Program under 58.1(b)(8), a qualified housing finance agency; (viii) With respect to the Self-Help Homeownership Opportunity Program under Sec. 58.1(b)(9), any direct grantee of HUD. (ix)(A) With respect to NAHASDA assistance under Sec. 58.1(b)(10), the Indian tribe or the Department of Hawaiian Home Lands; and (B) With respect to the Section 184 Indian Housing Loan Guarantee program under Sec. 58.1(b)(11), the Indian tribe. (x) With respect to the Shelter Plus Care and Supportive Housing Programs under Sec. 58.1(b)(3)(ii), nonprofit organizations and other entities. (6) Release of funds. In the case of the FHA Multifamily Housing Finance Agency Program under Sec. 58.1(b)(8), Release of Funds, as used in this part, refers to HUD issuance of a firm approval letter, and Request for Release of Funds refers to a recipient's request for a firm approval letter. In the case of the Section 184 Indian Housing Loan Guarantee program under Sec. 58.1(b)(11), Release of Funds refers to HUD's issuance of a commitment to guarantee a loan, or if there is no commitment, HUD's issuance of a certificate of guarantee. (7) Responsible Entity. Responsible Entity means: (i) With respect to environmental responsibilities under programs listed in Sec. 58.1(b)(1), (2), (3)(i), (4), and (5), a recipient under the program. (ii) With respect to environmental responsibilities under the programs listed in Sec. 58.1(b)(3)(ii) and (6) through (12), a state, unit of general local government, Indian tribe or Alaska Native Village, or the Department of Hawaiian Home Lands, when it is the recipient under the program. Under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.) listed in Sec. 58.1(b)(10)(i), the Indian tribe is the responsible entity whether or not a Tribally Designated Housing Entity is authorized to receive grant amounts on behalf of the tribe. The Indian tribe is also the responsible entity under the Section 184 Indian Housing Loan Guarantee program listed in Sec. 58.1(b)(11). Regional Corporations in Alaska are considered Indian tribes in this part. Non-recipient responsible entities are designated as follows: (A) For qualified housing finance agencies, the State or a unit of general local government, Indian tribe or Alaska native village whose jurisdiction contains the project site; (B) For public housing agencies, the unit of general local government within which the project is located that exercises land use responsibility, or if HUD determines this infeasible, the county, or if HUD determines this infeasible, the State; (C) For non-profit organizations and other entities, the unit of general local government, Indian tribe or Alaska native village within which the project is located that exercises land use responsibility, or if HUD determines this infeasible, the county, or if HUD determines this infeasible, the State; (8) Unit Density refers to a change in the number of dwelling units. Where a threshold is identified as a percentage change in density that triggers review requirements, no distinction is made between an increase or a decrease in density. (9) Tiering means the evaluation of an action or an activity at various points [[Page 409]] in the development process as a proposal or event becomes ripe for an Environment Assessment or Review. (10) Vacant Building means a habitable structure that has been vacant for more than one year. (b) The following abbreviations are used throughout this part: (1) CDBG--Community Development Block Grant; (2) CEQ--Council on Environmental Quality; (3) EA--Environmental Assessment; (4) EIS--Environmental Impact Statement; (5) EPA--Environmental Protection Agency; (6) ERR--Environmental Review Record; (7) FONSI--Finding of No Significant Impact; (8) HUD--Department of Housing and Urban Development; (9) NAHA--Cranston-Gonzalez National Affordable Housing Act of 1990; (10) NEPA--National Environmental Policy Act of 1969, as amended; (11) NOI/EIS--Notice of Intent to Prepare an EIS; (12) NOI/RROF--Notice of Intent to Request Release of Funds; (13) ROD--Record of Decision; (14) ROF--Release of Funds; and (15) RROF--Request for Release of Funds. [61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56128, Sept. 29, 2003]