[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: 24CFR58.47]

[Page 420]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 
ENVIRONMENTAL RESPONSIBILITIES--Table of Contents
 
Subpart E_Environmental Review Process: Environmental Assessments (EA's)
 
Sec. 58.47  Re-evaluation of environmental assessments and other 
environmental findings.

    (a) A responsible entity must re-evaluate its environmental findings 
to determine if the original findings are still valid, when:
    (1) The recipient proposes substantial changes in the nature, 
magnitude or extent of the project, including adding new activities not 
anticipated in the original scope of the project;
    (2) There are new circumstances and environmental conditions which 
may affect the project or have a bearing on its impact, such as 
concealed or unexpected conditions discovered during the implementation 
of the project or activity which is proposed to be continued; or
    (3) The recipient proposes the selection of an alternative not in 
the original finding.
    (b)(1) If the original findings are still valid but the data or 
conditions upon which they were based have changed, the responsible 
entity must affirm the original findings and update its ERR by including 
this re-evaluation and its determination based on its findings. Under 
these circumstances, if a FONSI notice has already been published, no 
further publication of a FONSI notice is required.
    (2) If the responsible entity determines that the original findings 
are no longer valid, it must prepare an EA or an EIS if its evaluation 
indicates potentially significant impacts.
    (3) Where the recipient is not the responsible entity, the recipient 
must inform the responsible entity promptly of any proposed substantial 
changes under paragraph (a)(1) of this section, new circumstances or 
environmental conditions under paragraph (a)(2) of this section, or any 
proposals to select a different alternative under paragraph (a)(3) of 
this section, and must then permit the responsible entity to re-evaluate 
the findings before proceeding.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998]