Endangered Species Protection Q&A

Information by State  Print version

Question:
Must the environmental review consider potential impacts of the HUD-assisted project to endangered and threatened species and critical habitats?

Answer:
The environmental review must consider potential impacts of the HUD-assisted project to endangered and threatened species and critical habitats. The review must evaluate potential impacts not only to any listed but also to any proposed endangered or threatened species and critical habitats. This responsibility is cited in environmental procedures at 24 CFR 58.5(e) and 24 CFR 50.4 (e). The Federal list of endangered and threatened wildlife and plants is published jointly by the Department of Interior (Fish and Wildlife Service) and the Department of Commerce (National Marine Fisheries Service). The list must be examined to determine whether the HUD-assisted project is likely to affect any listed or proposed endangered or threatened species or critical habitats. While there is considerable information on the website, the reviewer is encouraged to consult with Fish and Wildlife Ecological Services Field Offices. The list is available on the U.S. Fish and Wildlife Service Website.

Section 7 Consultation for Protecting Endangered Species

Question:
How does the Section 7 consultation apply to HUD-assisted projects?

Answer:
Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536 et seq.) mandates consultation to resolve potential impacts to endangered and threatened species and critical habitats -- both those listed and those proposed for listing on the Federal list. If the HUD assisted project is likely to affect any endangered or threatened species or critical habitat, then compliance is required with Section 7. Generally, this applies to assisted activities that propose new construction, conversion of land use, major rehabilitation of existing buildings, and the acquisition of undeveloped land. The Department of Interior has issued implementing regulations at 50 CFR part 402 which are the procedures for consultation with the Department of Interior (Fish and Wildlife Service) or the Department of Commerce (National Marine Fisheries Service) depending on the species involved. Conferring is required if a proposed action is likely to jeopardize the continued existence of a proposed species or result in the destruction or adverse modification of a critical habitat proposed to be designated for such species or habitat. In the case of major construction activities, which are major federal actions significantly affecting the quality of the human environment (as referred to in NEPA), "biological assessments" must be prepared.

Single Family Home Mortgage Insurance

Question:
Do HUD endorsements for single-family home mortgage insurance require compliance with the Endangered Species Act?

Answer:
HUD endorsements for single-family home mortgage insurance are listed in environmental procedures at 24 CFR 50.19(b)(17) as categorical exclusions that are not subject to the related Federal environmental laws and authorities. Therefore, the requirements of the Endangered Species Act are not triggered by HUD's insurance of one-to-four family mortgages under the Direct Endorsement program, the insurance of one-to-four family mortgages under the Lender Insurance program, and HUD's guarantee of loans for one-to-four family dwellings under the Direct Guarantee procedure for the Indian Housing Loan guarantee program, without any HUD review or approval before the completion of construction or rehabilitation and loan closing.