[Federal Register Volume 60, Number 181 (Tuesday, September 19, 1995)]
[Rules and Regulations]
[Pages 48610-48611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23158]
[[Page 48609]]
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Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 58
Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities; Final Rule
Federal Register / Vol. 60, No. 181 / Tuesday, September 19, 1995 /
Rules and Regulations
[[Page 48610]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 58
[Docket No. FR-3811-I-02]
Environmental Review Procedures for Entities Assuming HUD
Environmental Responsibilities
AGENCY: Office of the Secretary, HUD.
ACTION: Technical amendment to interim rule.
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SUMMARY: HUD is adopting certain technical amendments relating to an
interim rule published in the Federal Register on March 13, 1995 that
amended 24 CFR part 58 to implement certain environmental provisions
enacted in the Multifamily Housing Property Disposition Reform Act of
1994. One technical amendment pertains to the effective date. The
interim rule establishes April 12, 1995 as the effective date, except
as otherwise provided for certain programs. However, some regulations
for programs newly covered by part 58 have existing environmental
provisions that conflict with the applicability of part 58 under the
interim rule and have not yet been amended. The technical amendment
makes clear that, for programs to which the effective date of April 12,
1995 applies, the interim rule supersedes preexisting program
regulations that would otherwise conflict with the application of part
58 procedures under the interim rule. HUD is also adopting two
technical amendments clarifying the designation of the entity
responsible for environmental review, including a clarification
applicable where the recipient is an Indian housing authority in
Alaska.
EFFECTIVE DATE: April 12, 1995.
FOR FURTHER INFORMATION CONTACT: Richard H. Broun, Director, Office of
Community Viability, Room 7240, Department of Housing and Urban
Development, 451 Seventh Street SW., Washington, DC 20410, telephone
(202) 708-3297. For telephone communication, contact Roy Gonnella,
Director, Environmental Review Division at (202) 708-3436. Hearing or
speech-impaired individuals may call HUD's TDD number (202) 708-4594.
This is not a toll-free number.
SUPPLEMENTARY INFORMATION: On March 13, 1995 (60 FR 13518) HUD
published an interim rule amending 24 CFR part 58 with an effective
date of April 12, 1995, except with respect to applicability to Public
Housing programs under title I of the United States Housing Act, as to
which a later effective date was provided. The interim rule implements
certain environmental provisions enacted in the Multifamily Housing
Property Disposition Reform Act of 1994 (MHPDRA). The latter provides
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, housing
assistance under Section 8 of the United States Housing Act, special
projects, and the FHA multifamily housing finance agency risk sharing
pilot program.
Section 58.10 of the interim rule requires the responsible entity
to assume the environmental responsibilities for projects under
programs cited in Sec. 58.1(c) in accordance with procedural provisions
of the National Environmental Policy Act (NEPA) and the regulations of
the Council on Environmental Quality (CEQ) (40 CFR parts 1500 through
1508), as well as the procedures set forth in part 58, ``unless
otherwise provided for in program regulations.'' HUD intended this
provision to allow the flexibility for regulations of individual
programs that are subject to part 58 to provide exceptions to the
assumption of environmental responsibilities by responsible entities
designated under part 58, if appropriate for a specific program.
However, some existing program regulations covered by the MHPDRA
provisions--in particular, regulations under Section 8 of the United
States Housing Act--still call for environmental review by HUD under 24
CFR part 50 and have not yet been amended to provide for responsible
entities to assume review responsibilities under part 58. The quoted
provision in Sec. 58.10, as written, unintentionally implies that these
earlier program regulations preclude responsible entities from assuming
environmental review responsibilities under part 58, thus essentially
delaying the effective date of the interim rule for these programs. In
fact, HUD intended the effective date of April 12, 1995 to apply to all
the programs affected by the interim rule except the Public Housing
programs referenced in the ``Effective Date'' block of the preamble, so
that responsible entities could begin assuming responsibilities
notwithstanding existing contrary provisions in program regulations.
HUD expects to conform existing program regulations to the interim rule
during program rulemaking, but did not intend to delay the application
of the interim rule during that time. Accordingly, the technical
amendment would add to the end of the first sentence of Sec. 58.10 the
phrase ``issued after April 12, 1995'', to indicate that only program
regulations issued after that date may supersede the responsible
entity's duty to assume environmental review responsibilities.
HUD is also adopting two technical amendments to the definition of
``responsible entity'' in Sec. 58.2(a)(7). The first amendment
clarifies the applicability of the first sentence of
Sec. 58.2(a)(7)(ii), which indicates that a State, unit of general
local government, Indian tribe or Alaska native village is the
responsible entity for programs listed in Sec. 58.1(c) (6) through (8).
Currently, while the second sentence provides additional designations
of ``nonrecipient responsible entities'' for those programs, the first
sentence does not explicitly indicate that it applies only when the
governmental entities designated are recipients. The amendment would so
indicate.
The second amendment to Sec. 58.2(a)(7)(ii) adds a new paragraph
(a)(7)(ii)(E) that applies specifically to Indian housing authorities
(IHAs) in Alaska. It provides that for such IHAs, the responsible
entity is the Alaska native village in whose community the project is
located, or if HUD determines this infeasible, a unit of general local
government or the State, as designated by HUD. This amendment is
necessary because paragraph (a)(7)(ii)(D) does not specifically
reference projects located in Alaska native villages and because the
reference in paragraph (a)(7)(ii)(D) to the Indian tribe that
established the Indian housing authority would not apply to IHAs
established by regional corporations in Alaska. Paragraph (a)(7)(ii)(D)
is now amended to apply only outside Alaska.
This document also makes two corrections to the interim rule that
was published on March 13, 1995. First, the title of Sec. 58.77(d)
should read as follows: Responsibility for monitoring and training.
Also, Sec. 58.77(d)(2) should reference Sec. 58.13 instead of
Sec. 58.17.
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, under 24 CFR part
10, notice and public procedure (comments) can be omitted if the
Department determines in a particular case or class of cases that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest. Soliciting public comments on this technical
amendment would be unnecessary and contrary to the public interest.
This rule only makes technical
[[Page 48611]]
amendments to the interim rule published on March 13, 1995.
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.
Accordingly, 24 CFR part 58 is amended as follows:
PART 58--[AMENDED]
1. The authority citation for part 58 continues 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. Section 58.2 is amended by revising paragraph (a)(7)(ii)
introductory text and paragraph (a)(7)(ii)(D), and by adding a new
paragraph (a)(7)(ii)(E) to read as follows:
Sec. 58.2 Terms, abbreviations and definitions.
(a) * * *
(7) * * *
(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, when
it is the recipient under the program. Nonrecipient responsible
entities are designated as follows:
* * * * *
(D) For Indian housing authorities (outside of Alaska), 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.
(E) For Indian housing authorities in Alaska, the Alaska native
village in whose community the project is located, or if HUD determines
this infeasible, a unit of general local government or the State, as
designated by HUD.
* * * * *
Sec. 58.10 [Amended]
3. Section 58.10 is amended by adding to the end of the first
sentence ending with ``program regulations'' and before the period, the
clarifying phrase ``issued after April 12, 1995''.
Sec. 58.77 [Amended]
4. Section 58.77 is amended by revising the title of paragraph (d),
to read, ``(d). Responsibility for monitoring and training.''
5. In Sec. 58.77, the second sentence in paragraph (d)(2) is
amended to refer to ``Sec. 58.13'' instead of ``Sec. 58.17''.
Dated: September 12, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-23158 Filed 9-18-95; 8:45 am]
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