Environmental Laws

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Assumption authorizations   Related Federal laws and authorities   Other requirements

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	Executive Order 11988, Floodplain Management   Executive Order 11990, Protection of Wetlands
(3) Coastal Zone Management	The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq) as amended, particularly section 307(c) and (d) (16 U.S.C. 1456(c) and (d))
(4) Sole Source Aquifers	The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended, particularly section 1424(e) (42 U.S.C. 300h-3(e))   (Environmental Protection Agency – 40 CFR part 149)
(5) Endangered Species	The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. as amended, particularly section 7 (16 U.S.C. 1536)
(6) Wild and Scenic Rivers	The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1531 et seq.) as amended, particularly section 7 (b) and (c) (16 U.S.C. 1278(b) and (c))
(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 totion Agency– 40 CFR parts 6, 51, and 93) State or Federal Implementation Plans (Environmental Protec
(8) Farmlands Protection	Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) particularly sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202)   Department of Agriculture – 7 CFR part 658
(9) HUD Environmental Standards	Department of Housing and Urban Development – 24 CFR part 51
(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	Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4128)
(2) Disaster Assistance	National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a)
(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	24 CFR 51.303(a)(3)