13518 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations

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

§§ 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

* * *.’’
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations 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

§ 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
13520 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations

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 § 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:

§ 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 § 58.2, paragraph (a)(4) is

revised, and new paragraphs (a)(6) and

(a)(7) are added, to read as follows:

§ 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 § 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 § 58.1(c)(6)(i), a public

housing agency;

(B) With respect to Indian Housing

Programs under § 58.1(c)(6)(ii), an

Indian housing authority;

(C) With respect to Section 8

assistance under § 58.1(c)(6)(iii), a

public housing agency or Indian

housing authority;

(vi) Any direct grantee of HUD for a

special project under § 58.1(c)(7); and

(vii) With respect to the FHA MultiFamily Housing Finance Agency RiskSharing Pilot Program under

§ 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 § 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

§ 58.1(c)(1) through (5), a recipient

under the program.

(ii) With respect to environmental

responsibilities under the programs

listed in § 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 § 58.4, paragraph (b) is revised to

read as follows:

§ 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

§ 58.5. Responsible entities, other than

units of general local government that
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations 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 § 58.6, paragraph (a)(2) is revised

to read as follows:

§ 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:

§ 58.7 Effective date of regulation.

This section, §§ 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:

§ 58.10 Basic environmental

responsibility.

In accordance with the provisions of

law cited in § 58.1(c), the responsible

entity must assume the environmental

responsibilities for projects under

programs cited in § 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 § 58.5.

9. Section 58.11 is revised to read as

follows:

§ 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 § 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:

§ 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 § 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:

§ 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:

§ 58.47 Re-evaluation of assessment

findings.

(a) A responsible entity must reevaluate 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 reevaluation 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:

§ 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
13522 Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations

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.
Federal Register / Vol. 60, No. 48 / Monday, March 13, 1995 / Rules and Regulations 13523

15. Section 58.71 is revised to read as

follows:

§ 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 § 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

§ 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:

§ 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

§ 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]

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