[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13518-13523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6054]
[[Page 13517]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 58
Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities; Interim Rule
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules
and Regulations
[[Page 13518]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 58
[Docket No. R-95-1770; FR-3811-I-01]
RIN 2501-AB88
Environmental Review Procedures for Entities Assuming HUD
Environmental Responsibilities
AGENCY: Office of the Secretary, HUD.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule implements provisions enacted in the
Multifamily Housing Property Disposition Reform Act of 1994 that
provide for the assumption of environmental review responsibilities by
States and units of general local government, including those that are
not recipients, under certain public and Indian housing programs,
special projects, and the FHA multifamily housing finance agency risk
sharing pilot program.
DATES: Effective Date: This rule is effective on April 12, 1995, except
for Secs. 58.1(c)(6)(i), and 58.2(a)(4)(v)(A) which will become
effective October 14, 1996, unless this interim rule is published as a
final rule or the Department publishes a subsequent document in the
Federal Register.
Sunset Provision: Sections 58.1(c)(6) through (8), 58.2(a)(4)(v)
through (4)(vii), and 58.11(b) through (d) shall expire and shall not
be in effect after October 14, 1996, unless this interim rule is
published as a final rule or the Department publishes a document in the
Federal Register to extend their effectiveness. If the interim rules
cited in the sunset provision expire, HUD will publish a document in
the Federal Register removing them.
Comments Due Date: May 12, 1995.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Rules Docket Clerk, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW., Washington, DC 20410-0500. Communications should refer to the
above docket number and title. Facsimile (FAX) comments are not
acceptable. A copy of each communication submitted will be available
for public inspection and copying between 7:30 a.m. and 5:30 p.m.
weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: Richard H. Broun, Director, Office of
Environment and Energy, Room 7240, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410, telephone
(202) 708-2894. For telephone communication, contact Fred Regetz,
Environmental Review Division at (202) 708-4346. Hearing or speech-
impaired individuals may call HUD's TDD number (202) 708-4594. This is
not a toll-free number.
SUPPLEMENTARY INFORMATION:
Background
The Multifamily Housing Property Disposition Reform Act of 1994
(Pub. L. 103-233, enacted April 11, 1994; hereafter referred to as
``MHPDRA'') provides authority for States and units of general local
government (including Indian tribes or Alaska native villages) to carry
out the Federal environmental review responsibilities under the
National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347 (NEPA),
and such other provisions of law as the Secretary shall specify, for
recipients of HUD assistance under four HUD programs. These programs
are: (1) Public and Indian housing programs and the Section 8 program
under title I of the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.) (USHA of 1937) (see MHPDRA section 305(b)); (2) special
projects appropriated under an appropriations act for HUD, such as
special projects under the head ``Annual Contributions for Assisted
Housing'' in title II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1993 (see MHPDRA section 305(c)); and (3) the FHA Multifamily
Housing Finance Agency Risk Sharing Pilot Program under section 542(c)
of the Housing and Community Development Act of 1992 (12 U.S.C. 1707
note) (see MHPDRA section 307(b)(4)). This interim rule amends the
existing regulations at 24 CFR part 58 to implement these provisions of
the MHPDRA.
Congress previously authorized recipients under certain HUD
programs to assume Federal environmental responsibilities, beginning
with recipients under the Community Development Block Grant program
under title I of the Housing and Community Development Act of 1974.
However, the MHPDRA amendments mark the first time that States and
units of general local governments (including Indian tribes and Alaska
native villages) that are not recipients may assume these
responsibilities. (Under the public and Indian housing programs, the
Section 8 program, and the Risk Sharing Pilot Program covered by the
MHPDRA provisions, the recipients include public housing agencies,
Indian housing authorities and qualified housing finance agencies,
rather than States, units of general local government, Indian tribes or
Alaska native villages. Under the Section 8 program for moderate
rehabilitation of single room occupancy (SRO) dwellings for homeless
individuals, the recipient may also be a nonprofit organization. In
that case, a PHA or IHA may administer the Section 8 assistance. In
these circumstances, the PHA or IHA will be considered the recipient
for the purpose of this rule. In the case of special projects,
recipients may be either States, units of general local governments,
Indian tribes or Alaska native villages, or non-profit organizations.)
On August 26, 1994 (59 FR 44258), HUD published an interim rule
implementing other MHPDRA environmental provisions pertaining to the
HOME Investment Partnerships Program and the Lead-based Paint Hazard
Reduction and Abatement Program. The amendments to 24 CFR part 58 in
today's interim rule contain changes to provide that the part 58
procedures for the assumption and carrying out of responsibilities for
environmental review, decisionmaking and action apply to public and
Indian housing programs, the Section 8 Program other than Section 8
assistance under 24 CFR part 886 to projects with HUD-insured or HUD-
held mortgages and in connection with the disposition of HUD-owned
projects, special projects, and the FHA Multifamily Housing Finance
Agency Risk Sharing Pilot Program covered by the MHPDRA amendments.
Unlike the MHPDRA provisions regarding the HOME Investment Partnership
Program, the MHPDRA provisions affecting these programs were not under
a statutory deadline for issuance of effective rules.
It should be noted that the MHPDRA provisions do not permit
assumption of environmental review responsibilities under all public
and Indian housing programs. Section 26 of the United States Housing
Act of 1937 (USHA), as added by section 305(b) of MHPDRA, authorizes
the Secretary of HUD to ``provide for the release of funds for projects
or activities under this title (i.e., title I of the USHA), as
specified by the Secretary upon the request of a public housing agency
(including an Indian housing authority) under this section, if the
State or unit of general local government, as specified by the
Secretary in accordance with regulations, assumes all of the
responsibilities for environmental review, decisionmaking, and action *
* *.'' [[Page 13519]]
Thus, the MHPDRA and this rule do not provide for the assumption of
environmental review responsibilities under activities carried out
under titles other than title I of the USHA, such as HOPE activities
under title III of the USHA. Moreover, since a public housing agency or
Indian housing authority must request the release of funds under the
assumption procedure authorized by MHPDRA, the procedure does not apply
to any Section 8 activity in which HUD works directly with a private
owner, with no public housing agency or Indian housing authority
involvement.
It should be noted, however, that HUD has determined that
activities under the Indian Mutual Help program provided for in Section
202 of the USHA do qualify as activities under title I and will be
subject to the environmental review procedures authorized by Section
26. The Department notes that Section 202(b)(1) of the USHA provides
that the mechanism for providing financial assistance for the
development, acquisition, operation and improvement of Mutual Help
housing is that the Secretary ``may enter into contracts with Indian
housing authorities under title I'' (emphasis added). Moreover, Section
201(b)(1) of the USHA provides that (except as otherwise provided in
title II) the provisions of title I shall apply to low-income housing
developed or operated pursuant to a contract between the Secretary and
an IHA. Accordingly, environmental review for Indian Mutual Help
activities will be conducted under the provisions of 24 CFR part 58.
The amendments to 24 CFR part 58 in this interim rule change the
definition of recipient to include, for the first time, recipients
other than States, units of general local government, Indian tribes and
Alaska native villages. These recipients include public housing
agencies or Indian housing authorities, direct grantees of HUD for
special projects, and qualified housing finance agencies. This interim
rule also provides that a ``responsible entity'' will assume the
responsibility for carrying out environmental review requirements.
Under the programs covered by the MHPDRA amendments, the
responsible entity may be a State, unit of general local government,
Indian tribe or Alaska native village that is not a recipient. In
Sec. 58.2(a)(6), the regulation designates the appropriate governmental
unit that will act as the responsible entity under the programs covered
by the MHPDRA provisions. Under these programs, recipients other than
States, units of general local government, Indian tribes or Alaska
native villages are required to request a responsible entity (i.e., the
unit of general local government, the State or the Indian tribe or
Alaska native village) with jurisdiction, to provide the requisite
environmental review, decisionmaking and action for assisted projects.
In such cases, the interim rule provides that the State, unit of
general local government, or Indian tribe or Alaska native village that
is the responsible entity must send the Request for Release of Funds
(RROF) and Certification to the recipient. The recipient in turn
submits the certification of the responsible entity to HUD with a cover
letter requesting the release of funds and indicating that the
recipient agrees to abide by the special conditions, procedures and
requirements of the environmental review and to advise the responsible
entity of any proposed changes in the scope of the project or any
change in environmental conditions. For documentation purposes, the
interim rule mandates that if the responsible entity determines that
some of the activities are exempt under applicable provisions of Part
58, the responsible entity shall advise the recipient that the
recipient may incur costs on these activities as soon as programmatic
authorization is received from HUD. This finding shall be documented in
the environmental review record maintained by the responsible entity
and in the recipient's project files.
Finally, the Department is still working out implementation issues
and logistics for the public housing programs. Therefore, while this
rule covers the public housing programs, this rule also delays
implementation of Part 58 for the public housing programs until the
Department resolves all implementation concerns. In the future, the
Department will publish a notice in the Federal Register which makes
this rule effective for the public housing programs.
II. Findings and Certifications
Sunset of Interim Rule
In accordance with the Department's policy on interim rules, the
amendments made to part 58 by this interim rule shall expire on the
eighteen-month anniversary date of the effective date of this interim
rule unless extended by notice published in the Federal Register, or
adopted by a final rule published on or before the eighteen-month
anniversary date of the effective date of this interim rule.
Justification for Interim Rulemaking
In general, the Department publishes a rule for public comment
before issuing a rule for effect, in accordance with its own
regulations on rulemaking, 24 CFR part 10. However, part 10 does
provide for exceptions from that general rule where the agency finds
good cause to omit advance notice and public participation. The good
cause requirement is satisfied when prior public procedure is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1)
The Department finds that good cause exists to publish this rule
for effect without first soliciting public comment, in that prior
public comment is contrary to public interest because this rule will
expedite the receipt of necessary funding by allowing States and units
of local government to conduct the Federal environmental review.
Environmental Review
A Finding of No Significant Impact with respect to the environment
has been made in accordance with the HUD regulation at 24 CFR part 50,
which implements section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This rule will allow states and
units of general local government (including Indian Tribes and Alaska
native villages) to carry out Federal environmental review
responsibilities for some recipients of HUD assistance. However,
because in most cases the environmental review will be paid for with
HUD assistance funds, this rule is not expected to have a significant
economic impact on a substantial number of small entities.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
states or their political subdivisions, or the relationship between the
federal government and the states, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the [[Page 13520]] rule is not subject to review under the order.
Specifically, this rule will allow states and units of general local
government (including Indian Tribes and Alaska native villages) to
carry out Federal environmental review responsibilities for some
recipients of HUD assistance. However, because in most instances the
Federal environmental review will be funded by HUD, this rule is not
expected to have a substantial effect on states or their political
subdivisions, or the relationship between the federal government and
the states, or on the distribution of power and responsibilities among
the various levels of government.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order, The Family, has determined that this rule does not have
potential for significant impact on family formation, maintenance, and
general well-being, and, thus, is not subject to review under the
order. No significant change in existing HUD policies or programs will
result from promulgation of this rule, as those policies and programs
relate to family concerns.
Regulatory Agenda
This interim rule was not listed in the Department's Semiannual
Agenda of Regulations published on November 14, 1994 (59 FR 57632)
under Executive Order 12866 and the Regulatory Flexibility Act.
List of Subjects in 24 CFR Part 58
Environmental protection, Community development block grants,
Environmental Impact Statements, Grant programs--housing and community
development, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, part 58 of title 24 of
the Code of Federal Regulations is amended as follows:
PART 58--ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD
ENVIRONMENTAL RESPONSIBILITIES
1. The authority citation for part 58 is revised to read as
follows:
Authority: 12 U.S.C. 1707 note; 42 U.S.C. 1437o(i)(1) and (2),
1437x, 3535(d), 3547, 4332, 4852, 5304(g), 11402, and 12838; E.O.
11514, 35 FR 4247, 3 CFR, 1966-1970, Comp., p. 902, as amended by
E.O. 11991, 42 FR 26967, 3 CFR, 1977 Comp., p. 123.
2. The heading for part 58 is revised as set forth above.
3. In paragraph (c) of Sec. 58.1, the word ``and'' is removed at
the end of paragraph (c)(4), the period at the end of paragraph (c)(5)
is removed and a semicolon is added in its place, and new paragraphs
(c)(6), (c)(7), (c)(8), are added to read as follows:
Sec. 58.1 Purpose, scope and applicability.
* * * * *
(c) Applicability. * * *
(6)(i) Public Housing Programs under Title I of the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.);
(ii) Indian Housing Programs under Title I of the United States
Housing Act of 1937, including the Mutual Help Program (42 U.S.C. 1437
et seq.); and
(iii) Assistance administered by a public housing agency or Indian
housing authority under Section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), except for assistance provided under 24 CFR
part 886.
(7) Special Projects appropriated under an appropriation act for
HUD, such as special projects under the head ``Annual Contributions for
Assisted Housing'' in title II of various Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Acts; and
(8) The FHA Multifamily Housing Finance Agency Risk Sharing Pilot
Program under section 542(c) of the Housing and Community Development
Act of 1992 (12 U.S.C. 1707 note).
4. In Sec. 58.2, paragraph (a)(4) is revised, and new paragraphs
(a)(6) and (a)(7) are added, to read as follows:
Sec. 58.2 Terms, abbreviations and definitions.
(a) * * *
(4) Recipient means any of the following entities, when they are
eligible recipients or grantees under a program listed in Sec. 58.1(c):
(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) (A) With respect to Public Housing Programs under
Sec. 58.1(c)(6)(i), a public housing agency;
(B) With respect to Indian Housing Programs under
Sec. 58.1(c)(6)(ii), an Indian housing authority;
(C) With respect to Section 8 assistance under
Sec. 58.1(c)(6)(iii), a public housing agency or Indian housing
authority;
(vi) Any direct grantee of HUD for a special project under
Sec. 58.1(c)(7); and
(vii) With respect to the FHA Multi-Family Housing Finance Agency
Risk-Sharing Pilot Program under Sec. 58.1(c)(8), a qualified housing
finance agency.
* * * * *
(6) Release of funds. In the case of FHA Multifamily Housing
Finance Agency Risk-Sharing Pilot Program under Sec. 58.1(c)(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.
(7) Responsible entity means:
(i) With respect to environmental responsibilities under programs
listed in Sec. 58.1(c)(1) through (5), a recipient under the program.
(ii) With respect to environmental responsibilities under the
programs listed in Sec. 58.1(c)(6) through (8), a State, unit of
general local government, Indian tribe or Alaska native village.
Nonrecipient 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; and
(D) For Indian housing authorities, the Indian tribe in whose
jurisdiction the project is located, or if the project is located
outside of a reservation, the Indian tribe that established the
authority.
* * * * *
5. In Sec. 58.4, paragraph (b) is revised to read as follows:
Sec. 58.4 HUD Legal authority.
* * * * *
(b) Assumption authority for responsible entities: General.
Responsible entities shall assume the responsibility for environmental
review, decisionmaking, and action that would otherwise apply to HUD
under NEPA and other provisions of law that further the purposes of
NEPA, as specified in Sec. 58.5. Responsible entities, other than units
of general local government that [[Page 13521]] receive assistance from
a State, assume these responsibilities by execution of either a grant
agreement with HUD or a legally binding document, such as the
certification contained on HUD Form 7015.15, certifying to the
assumption of environmental responsibilities. When a State distributes
funds to recipients, the State must provide for appropriate procedures
by which these recipients will evidence their assumption of
environmental responsibilities.
* * * * *
6. In Sec. 58.6, paragraph (a)(2) is revised to read as follows:
Sec. 58.6 Other requirements.
* * * * *
(a) * * *
(2) Where a recipient provides financial assistance for acquisition
or construction purposes (including rehabilitation) for property
located in an area identified by FEMA as having special flood hazards,
the responsible entity is responsible for assuring that flood insurance
under the National Flood Insurance Program is obtained and maintained.
* * * * *
7. A new section 58.7 is added to subpart A to read as follows:
Sec. 58.7 Effective date of regulation.
This section, Secs. 58.1(c)(6) through (8), 58.2(a)(4)(v) through
(4)(vii), and 58.11(b) through (d) shall expire and shall not be in
effect after October 14, 1996, unless the interim rules listed in this
section are published as a final rule or the Department publishes a
document in the Federal Register to extend their effectiveness. If the
interim rules cited in this section expire, HUD will publish a document
in the Federal Register removing them.
8. Section 58.10 is revised to read as follows:
Sec. 58.10 Basic environmental responsibility.
In accordance with the provisions of law cited in Sec. 58.1(c), the
responsible entity must assume the environmental responsibilities for
projects under programs cited in Sec. 58.1(c) in accordance with
procedural provisions of NEPA and the CEQ regulations (40 CFR parts
1500 through 1508), as well as the procedures set forth in this part,
unless otherwise provided for in program regulations. This includes
responsibility for compliance with the applicable provisions and
requirements of the Federal laws and authorities specified in
Sec. 58.5.
9. Section 58.11 is revised to read as follows:
Sec. 58.11 Legal capacity and performance.
(a) A responsible entity which believes that it does not have the
legal capacity to carry out the environmental responsibilities required
by this part should contact the appropriate local HUD Office or the
State for further instructions. Determinations of legal capacity will
be made on a case by case basis.
(b) If a public housing, Indian housing, or special project
recipient objects to the nonrecipient responsible entity conducting the
environmental review on the basis of performance, timing, or
compatibility of objectives, HUD will review the facts to determine who
will perform the environmental review .
(c) At any time, HUD may reject the use of a responsible entity to
conduct the environmental review in a particular case on the basis of
performance, timing or compatibility of objectives, or in accordance
with Sec. 58.77(d)(1).
(d) If a responsible entity, other than a recipient, objects to
performing an environmental review, or if HUD determines that the
responsible entity should not perform the environmental review, HUD may
designate another responsible entity to conduct the review in
accordance with this part or may itself conduct the environmental
review in accordance with the provisions of 24 CFR part 50.
10. Section 58.34 is amended by revising paragraph (a) introductory
text and paragraph (b) to read as follows:
Sec. 58.34 Exempt activities.
(a) A responsible entity does not have to comply with the
environmental requirements of this part or undertake any environmental
review, consultation or other action under NEPA and the other
provisions of law or authorities cited in Sec. 58.5 for the activities
exempt by this section or projects consisting solely of the following
exempt activities:
* * * * *
(b) A recipient does not have to submit an RROF and certification,
and no further approval from HUD or the State will be needed by the
recipient for the drawdown of funds to carry out exempt activities and
projects. However, the responsible entity must document in writing its
determination that each activity or project is exempt and meets the
conditions specified for such exemption under this section.
11. Section 58.46 is revised to read as follows:
Sec. 58.46 Time delays for exceptional circumstances.
Under the circumstances described in paragraphs (a), (b), and (c)
of this section, the responsible entity must make the FONSI available
for public comments for 30 days before the recipient files the RROF.
These circumstances are:
(a) When there is considerable interest or controversy concerning
the project;
(b) When the proposed project is similar to other projects that
normally require the preparation of an EIS; or
(c) When the project is unique and without precedent.
12. Section 58.47 is revised to read as follows:
Sec. 58.47 Re-evaluation of assessment findings.
(a) A responsible entity must re-evaluate the EA findings 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 and its cost estimate;
(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 selects an alternative not considered in the
original EA.
(b) The purpose of the responsible entity's re-evaluation of the EA
is to determine if the FONSI is still valid. If the FONSI is still
valid but the data or conditions upon which it was based have changed,
the responsible entity must amend the original assessment and update
its ERR by including this re-evaluation and its determination based on
its findings. If the responsible entity determines that the FONSI is no
longer valid it must prepare an EA or an EIS if its evaluation
indicates potentially significant impacts. 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 or new circumstances or environmental conditions
under paragraph (a)(2) of this section and must permit the responsible
entity to re-evaluate the EA before proceeding.
13. Section 58.64 is revised to read as follows:
Sec. 58.64 Supplemental environmental impact statements.
A supplement to the DEIS or FEIS must be prepared when a recipient
proposes substantial changes in the proposed project or when
significant new circumstances or information [[Page 13522]] become
available during the environmental review process. Where the recipient
is not the responsible entity, the recipient must inform the
responsible entity promptly of any proposed substantial changes or
significant new circumstances or information and must permit the
responsible entity to prepare a supplement before proceeding.
Supplements may be used to modify or update EIS's which the responsible
entity has determined to be valid and are being adopted for use.
Supplemental EIS's are subject to the requirements set forth in 40 CFR
1502.9.
14. In the list below, for each entry indicated in the left column,
remove the reference indicated in the middle column from wherever it
appears in the section and add the reference indicated in the right
column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
58.1(a)........................................ Recipients of HUD assistance Recipients of HUD assistance and
other responsible entities.
58.1(a), last word of paragraph................ Recipients.................. Recipients of HUD assistance and
other responsible entities.
58.1(b)........................................ Recipients of HUD assistance Responsible entities.
58.1(c), introductory text..................... Recipients.................. Recipients or other responsible
entities.
58.2(a)(3)..................................... Grant recipient............. Recipient.
58.4(b)........................................ Recipients.................. Responsible entities.
58.5, introductory text........................ Recipient................... Responsible entity.
58.6, introductory text and paragraph (c)...... Recipient................... Responsible entity.
58.6, introductory text........................ Recipient's................. Responsible entities.
58.12.......................................... Recipient................... Responsible entity.
58.13, introductory text and paragraph (a)..... recipient's................. responsible entity's.
58.13(a) and (b)............................... Recipient................... Responsible entity.
58.14.......................................... Recipient................... Responsible entity.
58.14.......................................... Grant recipient............. Responsible entity.
58.15, introductory text....................... Recipient................... Responsible entity.
58.15, introductory text and concluding text... Grant recipient............. responsible entity.
58.30.......................................... Recipient................... Responsible entity.
58.30.......................................... Recipient's................. Responsible entity's.
58.32(a)....................................... Recipient................... Responsible entity.
58.32(b)....................................... Recipient's................. Responsible entity's.
58.35(b), (c) introductory text and (d)........ Recipient................... Responsible entity.
58.36.......................................... Recipient................... Responsible entity.
58.37(a)(2).................................... Recipient's................. Responsible entity's.
58.37(a)(6),(b)................................ Recipient................... Responsible entity.
58.40.......................................... Recipient................... Responsible entity.
58.41.......................................... Recipient................... Responsible entity.
58.42.......................................... Recipient................... Responsible entity.
58.43.......................................... Recipient................... Responsible entity.
58.43.......................................... Recipient's................. Responsible entity's.
58.44, introductory text and concluding text... Recipient................... Responsible entity.
58.50.......................................... Recipient................... Responsible entity.
58.50.......................................... Recipient's................. Responsible entity's.
58.52.......................................... Recipient................... Responsible entity.
58.55.......................................... Recipient................... Responsible entity.
58.56.......................................... Recipient................... Responsible entity.
58.57.......................................... Recipient................... Responsible entity.
58.59.......................................... Recipient................... Responsible entity.
58.59.......................................... Recipient's................. Responsible entity's.
58.60.......................................... Recipient................... Responsible entity.
58.61.......................................... Recipient................... Responsible entity.
58.61.......................................... Recipient's................. Responsible entity's.
58.62.......................................... Recipient................... Responsible entity.
58.63.......................................... Recipient................... Responsible entity.
58.65.......................................... Recipient................... Responsible entity.
58.65.......................................... Recipient's................. Responsible entity's.
58.66.......................................... Recipient................... Responsible entity.
58.66.......................................... Recipient's................. Responsible entity's.
58.70.......................................... Recipient................... Responsible entity.
58.73.......................................... Recipient's................. Responsible entity's.
58.74.......................................... Recipient's................. Responsible entity's.
58.75(b), (c), (d), (e)(2), (e)(3), and (g).... Recipient................... Responsible entity.
58.75, introductory text and paragraph (a)..... Recipient's................. Responsible entity's.
58.76, introductory text and paragraph (e)..... Recipient's................. Responsible entity's.
----------------------------------------------------------------------------------------------------------------
[[Page 13523]]
15. Section 58.71 is revised to read as follows:
Sec. 58.71 Request for release of funds and certification.
(a) The RROF and certification shall be sent to the appropriate HUD
Field Office (or the State, if applicable), except as provided in
paragraph (b) of this section. This request shall be executed by the
responsible entity's Certifying Officer. The request shall describe the
specific project and activities covered by the request and contain the
certification required under the applicable statute cited in
Sec. 58.1(c). The RROF and certification must be in a form specified by
HUD.
(b) When the responsible entity is conducting an environmental
review on behalf of a recipient, as provided for in Sec. 58.10, the
recipient must provide the responsible entity with all available
project and environmental information and refrain from undertaking any
physical activities or choice limiting actions until HUD has approved
its request for release of funds. The RROF and certification form
executed by the responsible entity's certifying officer shall be sent
to the recipient that is to receive the assistance along with a
description of any special environmental conditions that must be
adhered to in carrying out the project. The recipient is to submit the
RROF and the certification of the responsible entity to HUD with a
cover letter requesting the release of funds and indicating that it
agrees to abide by the special conditions, procedures and requirements
of the environmental review, and to advise the responsible entity of
any proposed change in the scope of the project or any change in
environmental conditions.
(c) If the responsible entity determines that some of the
activities are exempt under applicable provisions of this Part, the
responsible entity shall advise the recipient that it may incur costs
on these activities as soon as programmatic authorization is received.
This finding shall be documented in the environmental review record
maintained by the responsible entity and in the recipient's project
files.
16. Section 58.77 is amended by revising paragraph (b) and
paragraphs (d)(1) introductory text, (d)(1)(ii), (d)(1)(iv), and
(d)(2), to read as follows:
Sec. 58.77 Effect of approval of certification.
* * * * *
(b) Public and agency redress. Persons and agencies seeking redress
in relation to environmental reviews covered by an approved
certification shall deal with the responsible entity and not with HUD.
It shall be HUD's policy to refer all inquiries and complaints to the
responsible entity and its Certifying Officer. Similarly, the State
(where applicable) may direct persons and agencies seeking redress in
relation to environmental reviews covered by an approved certification
to deal with the responsible entity, and not the state, and may refer
inquiries and complaints to the responsible entity and its Certifying
Officer. Remedies for noncompliance are set forth in program
regulations.
* * * * *
(d) Responsibility for monitoring training. (1) At least once every
three years, HUD intends to conduct in-depth monitoring of the
environmental activities performed by responsible entities that have
assumed responsibilities for environmental review, decisionmaking and
action under this part. Limited monitoring of these environmental
activities will be conducted during each program monitoring site visit.
If through limited or in-depth monitoring of these environmental
activities or by other means, HUD becomes aware of any environmental
deficiencies, HUD may take one or more of the following actions:
* * * * *
(ii) HUD may require attendance by staff of the responsible entity
at HUD sponsored or approved training, which will be provided
periodically at various locations around the country;
* * * * *
(iv) HUD may suspend or terminate the responsible entity's
assumption of the environmental review responsibility;
* * * * *
(2) HUD's responsibilities and action under paragraph (d)(1) of
this section shall not be construed to limit or reduce any
responsibility assumed by a responsible entity with respect to any
particular release of funds under this part. Whether or not HUD takes
action under paragraph (d)(1) of this section, the Certifying Officer
remains the responsible Federal official under Sec. 58.17 with respect
to projects and activities for which the Certifying Officer has
submitted a certification under this part.
Dated: January 31, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-6054 Filed 3-10-95; 8:45 am]
BILLING CODE 4210-32-P
