19120 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 58

[Docket No. FR–3514–F–04]

RIN 2501–AB67

Office of the Secretary; Environmental

Review Procedures for Entities

Assuming HUD Environmental

Responsibilities

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

SUMMARY: This rule makes final two

rules, one interim and one proposed,

which amended the existing

environmental regulations in 24 CFR

part 58, governing entities that assume

HUD responsibilities, by making the

environmental review procedures

consistent under the various programs

to which these regulations apply. This

final rule takes into consideration the

public comments received on both

rules, and also makes streamlining and

editorial changes to the existing

environmental regulations governing

entities that assume HUD

responsibilities.

EFFECTIVE DATE: This rule becomes

effective May 30, 1996, except for

§ 58.1(b)(6)(i) and § 58.2(a)(5)(v)(A),

which pertain to public housing

development and modernization

programs. These sections will become

effective on October 14, 1996, unless the

Department publishes a document in

the Federal Register that specifies a

different effective date.

FOR FURTHER INFORMATION CONTACT:

Richard H. Broun, Director, Office of

Environment and Energy, Room 7240,

Department of Housing and Urban

Development, 451 Seventh Street, S.W.,

Washington, DC 20410, telephone (202)

708–2894. For telephone

communication, contact Fred Regetz,

Environmental Review Division at (202)

708–1201. Hearing or speech-impaired

individuals may call the Federal

Information Relay Service number at 1–

800–877–TTY (1–800–877–8339) and

refer to (202) 708–1201.

SUPPLEMENTARY INFORMATION:

I. Background

This final rule revises and restates the

procedures for recipients of HUD

assistance and other responsible entities

in applicable HUD programs to carry out

environmental reviews in accordance

with the National Environmental Policy

Act of 1969 (42 U.S.C. 4321–4347)

(‘‘NEPA’’), the NEPA implementing

regulations of the Council on

Environmental Quality (CEQ), and other

NEPA related federal laws. This rule

makes final two rules, one interim rule

and one proposed rule, which amended

24 CFR part 58. The interim rule was

published on March 13, 1995 (60 FR

13518), and the proposed rule was

published on September 25, 1995 (60 FR

49466). This final rule takes into

consideration the public comments

received on both rules.

Applicable HUD programs under 24

CFR part 58 include any program in

which specific statutory authority

allows the environmental review

responsibilities to be assumed by

responsible entities. Currently,

applicable HUD programs, and therefore

those covered by part 58, only include:

(1) Title I Community Development

Block Grant Programs, (2) the Rental

Rehabilitation Program and the Housing

Development Grant Program, (3) the

HOME programs under the CranstonGonzalez National Affordable Housing

Act (NAHA), (4) the homeless programs

authorized by Title IV of the Stewart B.

McKinney Homeless Assistance Act, (5)

Grants to States and units of general

local government for reduction and

abatement of lead-based paint, (6)

Indian Housing and most Section 8

programs under Title I of the United

States Housing Act of 1937, (7) Special

projects appropriated under an

appropriation Act of HUD, (8) the FHA

Multifamily Housing Finance Agency

Pilot Program under section 542(c) of

the Housing and Community

Development Act of 1992, and (9) the

Self-Help Homeownership Opportunity

Program under section 11 of the

Housing Opportunity Program

Extension Act of 1996.

The interim and proposed rules did

not refer to the last program cited above,

the Self-Help Homeownership

Opportunity Program, because the

Housing Opportunity Program

Extension Act was approved on March

28, 1996, after those rules were

published. However, section 11(m) of

that Act provides that a grant under that

program shall be considered to be funds

for a special project for purposes of

section 305(c) of the Multifamily

Housing Property Disposition Reform

Act of 1994, which authorized the

provisions in the current interim rule

providing for States and units of general

local government to assume

environmental responsibilities for

special projects under item (7) above.

Accordingly, grants under the new SelfHelp Homeownership Opportunity

Program are already subject to the part

58 procedures, by being considered

special project funds. The final rule

adds specific references to the new

program in order to provide a complete

list of programs currently subject to part

58.

II. Discussion of Public Comments on

the March 13, 1995 Interim Rule

The Department received two

comments on the March 13, 1995

interim rule—one from a State housing

development authority and one from a

national organization of State housing

agencies.

Both commenters requested, with

respect to the FHA Multifamily Housing

Finance Agency Pilot Program in

particular, that the rule clarify that State

housing finance agencies (HFAs) may

assume environmental responsibilities.

The Department has not changed the

final rule in response to these

comments. Section 542(c)(9) of the

Housing and Community Development

Act of 1992, as amended, provides that

the Secretary of HUD may provide for

agreements to endorse mortgages for

insurance ‘‘upon the request of qualified

housing finance agencies * * *, if the

State or unit of general local

government, as designated by the

Secretary in accordance with

regulations, assumes’’ environmental

responsibilities.

However, the Department agrees that

a State HFA may assume the

responsibility for environmental

reviews on behalf of the State if the HFA

is an agency of the State government

and is given authority to do so by the

State. If an official of the State HFA will

act as the Certifying Officer for the State,

section 542 (c) requires that the official

must have the authority to certify,

among other things, that he or she ‘‘is

authorized and consents on behalf of the

State * * * and himself or herself’’ to

accept Federal court jurisdiction for

enforcement of the environmental

responsibilities (emphasis added). The

Certifying Officer’s responsibilities are

set out in § 58.13 of the rule, which

indicates that he or she must represent

the responsible entity, e.g., the State,

rather than merely the State HFA.

Even where the State’s Certifying

Officer is outside the HFA, the HFA

may contribute information or prepare a

draft environmental assessment for the

State, but the Certifying Officer must

evaluate this work and take

responsibility for the review in

accordance with 40 CFR 1506.5 of the

regulations of the Council on

Environmental Quality.

One of the commenters, citing

statements in §§ 58.4(b) and 58.10 of the

interim rule that responsible entities

‘‘shall’’ or ‘‘must’’ assume

environmental review responsibilities,

requested that the final rule clarify that
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 19121

the assumption of environmental

responsibilities is voluntary. The

Department agrees that assumption of

environmental responsibilities by nonrecipient recipient responsible entities

is voluntary. However, the Department

has concluded that no change in the

rule is necessary on this point. The cited

language (which is similar in the final

rule) must be read in conjunction with

§ 58.11(d) of the interim and final rules.

Section 58.11(d) indicates that if a

responsible entity, other than a

recipient, objects to performing an

environmental review, or if HUD may

designate another responsible entity to

perform the review or may perform the

review itself.

III. Discussion of Public Comments on

the September 25, 1995 Proposed Rule

The Department received 11

comments on the September 25, 1995

proposed rule. The Department received

four from local governments, three from

county governments, two from State

housing agencies, and two from special

interest groups. As a result of these, the

Department has made certain changes to

the proposed rule which are

incorporated into today’s final rule. The

following discussion summarizes and

provides HUD responses to those

comments. Every comment was

reviewed and considered, although all

comments may not be specifically

addressed in this preamble.

One city urged HUD to conduct a

detailed federalism analysis in

accordance with Executive Order 12612

on Federalism before taking any further

action on this proposed rule. The charge

is made that the proposed rule would

constitute an unfunded mandate on

local governments by transferring to

States and local governments various

environmental functions previously

performed by HUD. This final rule does

not change any requirements that were

not in effect or put in effect by the

interim rule, published in the Federal

Register on March 13, 1995 (60 FR

13518) that became effective on April

12, 1995.

The second issue raised by this city

was that the tenant-based Section 8

Existing Housing Program should be

exempt from all environmental review

requirements. Section 58.35(b)(1) makes

all tenant-based rental assistance

essentially exempt, except for

extraordinary circumstances in which a

categorically excluded activity may

have a significant environmental effect.

A second city requested that

§ 58.34(a)(2) be more declarative with

respect to environmental review

requirements for payment of principal

and/or interest to the Federal

government. A change in § 58.34(a) was

made to preserve and make more

generic the exemption for payments of

principal and interest that is in the

interim rule.

A third city suggested that the final

rule should make changes that would

allow local communities more latitude

in applying section 106 of the National

Historic Preservation Act and applicable

regulations in 36 CFR part 800. The

Department does not have the authority

to effect changes in the procedures of

the State Historic Preservation Officer

(SHPO) or to allow local communities

more autonomy in determining which

resources are historically significant.

A fourth city made a number of

suggestions to be more specific and/or

carry over some specific language in the

interim rule into this final rule. Some

clarifications have been made in § 58.35

of the final rule.

One county housing agency wanted

more clarification about what would be

considered ‘‘adequate local news

media’’ when disseminating information

to the public. Adequate local news

media would be considered to be at

least a newspaper of general circulation

in the affected community. A change

has also been made in § 58.21 to clarify

that when there is no publication of

Notices, the time periods start when

there is a mailing and posting of a

Finding of No Significant Impact

(FONSI) or the Notice of Intent to

Request Release of Funds (NOI/RROF).

In addition, this county wanted a

definition of ‘‘an individual action’’ in

reference to the categorical exclusion of

one- to four-family dwellings. Some

clarifications have been made to § 58.35

to reflect current practices with respect

to categorical exclusions.

A second county agency felt there was

a contradiction in the requirement for

the responsible entity to address in the

Environmental Review Record (ERR) its

compliance with § 58.6 while § 58.34 of

the proposed rule stated that the

responsible entity does not have to

comply with the environmental

requirements of this part in the case of

exempt activities. The requirements of

§ 58.6 must be complied with and the

responsible entity is required to address

these requirements where applicable.

These requirements apply to exempt

activities, when there is no requirement

for an environmental certification by the

certifying officer that indicates that all

environmental requirements have been

met. A change has been made in § 58.34

to remove this contradiction.

A third county agency suggested that

the Housing Opportunities for Persons

With AIDS (HOPWA) program should

be reviewed under part 58 because

HOPWA projects are often funded

jointly with CDBG. HUD has no

authority to assign this responsibility to

local governments. However, part 50

and part 58 reviews should not be done

in such a manner that there is

duplication. If a review has already been

made of a jointly funded proposal, the

prior review can be referenced in

subsequent reviews. The county agency

suggested additions to § 58.2 that would

define in more detail ‘‘financial

services’’ and when a decrease in unit

density would require an environmental

review.

The Department feels that these terms

are adequately defined in §§ 58.34(a)(2)

and 58.35(a) and that further detail

would not be appropriate. The county

agency also raised a question about the

proposed deletion of the reference to

Section 108 loans from § 58.34(a) of the

interim rule. The intent of this rule is to

make requirements more generic and

not be program specific. In response to

comments, there is no change in the

exempt classification of the repayment

of Section 108 loans to the Federal

government and the comment is

addressed generically in § 58.34(a)(11).

This county suggested that changes be

made in § 58.47 to address a concern

about when there is a need to reevaluate an environmental finding.

Changes have been made in § 58.47 to

expand the context when a change in

conditions or a change in funding

would require a re-evaluation.

One State housing agency requested

that § 58.35(b)(5) be expanded to

include homeownership assistance for

new housing that is planned but may or

may not yet be built. In response to this

comment, the final rule expands this

exclusion to cover assistance to

homebuyers for units under

construction as well as existing housing.

However, housing that is not yet under

construction cannot be covered by this

exclusion because § 58.53(b) does not

require compliance with the

environmental laws and authorities

listed in § 58.5. Assistance to purchase

housing yet to be constructed, on a

limited scale, as identified in

§ 58.35(a)(4), can be determined to be

categorically excluded, but it cannot be

exempt from the requirements of § 58.5.

A second State agency suggested that

environmental reviews conducted by

other entities on co-funded projects

should be used whenever possible. This

final rule encourages combining reviews

conducted by other entities for jointly

funded projects.

A national county association wanted

to know what was meant by ‘‘broader

review’’ in § 58.15 on Tiering. The

tiering concept is explained very well in
19122 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

the NEPA regulations of the Council on

Environmental Quality but focuses on

tiering in EIS situations. This final rule

encourages the use of the tiering

concept in non-EIS situations. Tiering,

for HUD purposes, allows responsible

entities that have assumed Federal

environmental responsibilities to

complete an environmental review and

obtain a release of funds from HUD

before the specific properties to be

treated have been identified. Once the

properties have been identified, the

responsible entity must comply with

environmental laws and authorities that

could not be satisfied until the

properties were identified. The

responsible entity may use any available

environmental information. Compliance

with section 106 of the National Historic

Preservation Act would normally occur

when the properties to be treated have

been identified.

Another commenter requested that

the proposed change to § 58.22

prohibiting recipients from committing

local (non-HUD) funds before the

approval of RROF be dropped in favor

of the language in the present interim

rule. This suggestion has not been

adopted, since the language of proposed

§ 58.22 better reflects the intent of the

Council on Environmental Quality

regulation.

The Department also received a

comment on the Home Investment

Partnership Program interim rule

published on July 12, 1995 (60 FR

36020) that is relevant to this rule. The

comment objected to the requirement

contained in the Home environmental

guidelines, and also contained in

proposed § 58.22, that options on

property entered into before completion

of the environmental review be

refundable, since refundability is not

generally a provision for refundable

options in favor of options being limited

to a nominal portion of the purchase

price.

IV. Other Matters

Environmental Impact

A Finding of No Significant Impact

(FONSI) with respect to the

environment was made in connection

with development of the September 25,

1995 proposed rule in accordance with

HUD regulations in 24 CFR Part 50

which implement Section 102(2)(C) of

the National Environmental Policy Act

(NEPA). Since the changes made to the

proposed rule in this final rule do not

change the impact on the environment,

the original Finding is still valid. The

original Finding is available for public

inspection during regular business

hours in the Office of the General

Counsel, Rules Docket Clerk, at the

above address.

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 rule is not subject to review

under the order. Specifically, this final

rule modifies environmental

requirements for recipients of HUD

assistance and other entities that assume

environmental review responsibilities

for activities and projects where specific

statutory authority exists to assign the

environmental review responsibilities to

the recipients or to allow States and

local governments to assume those

responsibilities on behalf of certain

recipients.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive

Order, The Family, has determined that

this final rule will 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 final

rule, as those policies and programs

relate to family concerns.

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

final rule will not have a significant

economic impact on a substantial

number of small entities. This final rule

streamlines part 58 and carries out the

statutory mandate of providing for the

assumption of environmental review

responsibilities by certain recipients of

HUD assistance or other entities in

accordance with section 104(g) of the

Housing and Community Development

Act of 1974 and similar statutory

provisions.

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

revised as follows:

PART 58—ENVIRONMENTAL REVIEW

PROCEDURES FOR ENTITIES

ASSUMING HUD ENVIRONMENTAL

RESPONSIBILITIES

Subpart A—Purpose, Legal Authority,

Federal Laws and Authorities

Sec.

58.1 Purpose, scope and applicability.

58.2 Terms, abbreviations and definitions.

58.4 Assumption authority.

58.5 Related Federal laws and authorities.

58.6 Other requirements.

Subpart B—General Policy: Responsibilities

of Responsible Entities

58.10 Basic environmental responsibility.

58.11 Legal capacity and performance.

58.12 Technical and administrative

capacity.

58.13 Responsibilities of the certifying

officer.

58.14 Interaction with State, Federal and

non-Federal entities.

58.15 Tiering.

58.17 Historic Preservation requirements

for prior section 17 grants.

58.18 Responsibilities of States Assuming

HUD Responsibilities.

Subpart C—General Policy: Environmental

Review Procedures

58.21 Time periods.

58.22 Limitations on activities pending

clearance.

58.23 Financial assistance for

environmental review.

Subpart D—Environmental Review Process:

Documentation, Range of Activities, Project

Aggregation and Classification

58.30 Environmental Review Process.

58.32 Project aggregation.

58.33 Emergencies.

58.34 Exempt activities.

58.35 Categorical exclusions.

58.36 Environmental assessments.

58.37 Environmental impact statement

determinations.

58.38 Environmental review record.

Subpart E—Environmental Review Process:

Environmental Assessments (EA’s)

58.40 Preparing the environmental

assessment.

58.43 Dissemination and/or publication of

the findings of no significant impact.

58.45 Public comment periods.

58.46 Time delays for exceptional

circumstances.

58.47 Re-evaluation of environmental

assessments and other environmental

findings.

Subpart F—Environmental Review Process:

Environmental Impact Statement

Determinations

58.52 Adoption of other agencies’ EISs.

58.53 Use of prior environmental impact

statements.

Subpart G—Environmental Review Process:

Procedures for Draft, Final and

Supplemental Environmental Impact

Statements

58.55 Notice of intent to prepare an EIS.

58.56 Scoping process.
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 19123

58.57 Lead agency designation.

58.59 Public hearings and meetings.

58.60 Preparation and filing of

environmental impact statements.

Subpart H—Release of Funds for Particular

Projects

58.70 Notice of intent to request release of

funds.

58.71 Request for release of funds and

certification.

58.72 HUD or State actions on RROFs and

certifications.

58.73 Objections to release of funds.

58.74 Time for objecting.

58.75 Permissible bases for objections.

58.76 Procedure for objections.

58.77 Effect of approval of certification.

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, 3 CFR, 1966–1970, Comp., p.

902, as amended by E.O. 11991, 3 CFR,

1977 Comp., p.123.

Subpart A—Purpose, Legal Authority,

Federal Laws and Authorities

§ 58.1 Purpose, scope and applicability.

(a) Purpose. This part provides

instructions and guidance to recipients

of HUD assistance and other responsible

entities for conducting an

environmental review for a particular

project or activity and for obtaining

approval of a Request for Release of

Funds.

(b) Applicability. This part applies to

activities and projects where specific

statutory authority exists for recipients

or other responsible entities to assume

environmental responsibilities.

Programs and activities subject to this

part include:

(1) Community Development Block

Grant programs authorized by Title I of

the Housing and Community

Development Act of 1974, in accordance

with section 104(g) (42 U.S.C. 5304(g));

(2) The Rental Rehabilitation program

and Housing Development Grant

program authorized by section 17 of the

United States Housing Act of 1937, in

accordance with sections 17(i)(1) and

17(i)(2) with respect to projects and

programs for which binding

commitments have been entered into

prior to October 1, 1991, since section

17 was repealed by the CranstonGonzalez National Affordable Housing

Act enacted November 28, 1990 (42

U.S.C. 1437o(i)(1) and (2));

(3) Grants to States and units of

general local government under the

Emergency Shelter Grant Program,

Supportive Housing program (and its

predecessors, the Supportive Housing

Demonstration program (both

Transitional Housing and Permanent

Housing for Homeless Persons with

Disabilities) and Supplemental

Assistance for Facilities to Assist the

Homeless), Shelter Plus Care program,

Safe Havens for Homeless Individuals

Demonstration Program, and Rural

Homeless Housing Assistance,

authorized by Title IV of the Stewart B.

McKinney Homeless Assistance Act, in

accordance with section 443 (42 U.S.C.

11402);

(4) The HOME Investment

Partnerships Program authorized by

Title II of the Cranston-Gonzalez

National Affordable Housing Act

(NAHA), in accordance with section 288

(42 U.S.C. 12838);

(5) Grants to States and units of

general local government for abatement

of lead-based paint and lead dust

hazards pursuant to Title II of the

Departments of Veterans Affairs and

Housing and Urban Development and

Independent Agencies Appropriations

Act, 1992, and grants for lead-based

paint hazard reduction under section

1011 of the Housing and Community

Development Act of 1992, in accordance

with section 1011(o) (42 U.S.C. 4852(o));

(6)(i) Public Housing Programs under

Title I of the United States Housing Act

of 1937, in accordance with section 26

(42 U.S.C. 1437x);

(ii) Indian Housing Programs under

Title I of the United States Housing Act

of 1937, including the Mutual Help

Program, in accordance with section 26

(42 U.S.C. 1437x); and

(iii) Assistance administered by a

public housing agency or Indian

housing authority under section 8 of the

United States Housing Act of 1937,

except for assistance provided under 24

CFR part 886, in accordance with

section 26 (42 U.S.C. 1437x);

(7) Special Projects appropriated

under an appropriation act for HUD,

such as special projects under the

heading ‘‘Annual Contributions for

Assisted Housing’’ in Title II of various

Departments of Veterans Affairs and

Housing and Urban Development, and

Independent Agencies Appropriations

Acts, in accordance with section 305(c)

of the Multifamily Housing Property

Disposition Reform Act of 1994 (42

U.S.C. 3547);

(8) The FHA Multifamily Housing

Finance Agency Pilot Program under

section 542(c) of the Housing and

Community Development Act of 1992,

in accordance with section 542(c)(9)(12

U.S.C. 1707 note); and

(9) The Self-Help Homeownership

Opportunity Program under section 11

of the Housing Opportunity Program

Extension Act of 1996 (Pub. L. 104–120,

110 Stat. 834), in accordance with

section 11(m)).

§ 58.2 Terms, abbreviations and

definitions.

(a) For the purposes of this part, the

following definitions supplement the

uniform terminology provided in 40

CFR part 1508:

(1) Activity means an action that a

grantee or recipient puts forth as part of

an assisted project, regardless of

whether its cost is to be borne by the

HUD assistance or is an eligible expense

under the HUD assistance program.

(2) Certifying Officer means the

official who is authorized to execute the

Request for Release of Funds and

Certification and has the legal capacity

to carry out the responsibilities of

§ 58.13.

(3) Extraordinary Circumstances

means a situation in which an

environmental assessment (EA) or

environmental impact statement (EIS) is

not normally required, but due to

unusual conditions, an EA or EIS is

appropriate. Indicators of unusual

conditions are:

(i) Actions that are unique or without

precedent;

(ii) Actions that are substantially

similar to those that normally require an

EIS;

(iii) Actions that are likely to alter

existing HUD policy or HUD mandates;

or

(iv) Actions that, due to unusual

physical conditions on the site or in the

vicinity, have the potential for a

significant impact on the environment

or in which the environment could have

a significant impact on users of the

facility.

(4) Project means an activity, or a

group of integrally related activities,

designed by the recipient to accomplish,

in whole or in part, a specific objective.

(5) Recipient means any of the

following entities, when they are

eligible recipients or grantees under a

program listed in § 58.1(b):

(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(b)(6)(i), a public

housing agency;

(B) With respect to Indian Housing

Programs under § 58.1(b)(6)(ii), an

Indian housing authority;

(C) With respect to section 8

assistance under § 58.1(b)(6)(iii), a

public housing agency or Indian

housing authority;

(vi) Any direct grantee of HUD for a

special project under § 58.1(b)(7);
19124 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

(vii) With respect to the FHA

Multifamily Housing Finance Agency

Pilot Program under § 58.1(b)(8), a

qualified housing finance agency; and

(viii) With respect to the Self-Help

Homeownership Opportunity Program

under § 58.1(b)(9), any direct grantee of

HUD.

(6) Release of funds. In the case of the

FHA Multifamily Housing Finance

Agency Pilot Program under § 58.1(b)(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(b)(1) through (5), a recipient

under the program.

(ii) With respect to environmental

responsibilities under the programs

listed in § 58.1(b)(6) through (9), 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:

(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;

(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; and

(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.

(8) Unit Density refers to a change in

the number of dwelling units. Where a

threshold is identified as a percentage

change in density that triggers review

requirements, no distinction is made

between an increase or a decrease in

density.

(9) Tiering means the evaluation of an

action or an activity at various points in

the development process as a proposal

or event becomes ripe for an

Environment Assessment or Review.

(10) Vacant Building means a

habitable structure that has been vacant

for more than one year.

(b) The following abbreviations are

used throughout this part:

(1) CDBG—Community Development

Block Grant;

(2) CEQ—Council on Environmental

Quality;

(3) EA—Environmental Assessment;

(4) EIS—Environmental Impact

Statement;

(5) EPA—Environmental Protection

Agency;

(6) ERR—Environmental Review

Record;

(7) FONSI—Finding of No Significant

Impact;

(8) HUD—Department of Housing and

Urban Development;

(9) NAHA—Cranston-Gonzalez National

Affordable Housing Act of 1990;

(10) NEPA—National Environmental

Policy Act of 1969, as amended;

(11) NOI/EIS—Notice of Intent to

Prepare an EIS;

(12) NOI/RROF—Notice of Intent to

Request Release of Funds;

(13) ROD—Record of Decision;

(14) ROF—Release of Funds; and

(15) RROF—Request for Release of

Funds.

§ 58.4 Assumption authority.

(a) Assumption authority for

responsible entities: General.

Responsible entities shall assume the

responsibility for environmental review,

decision-making, 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 that receive

assistance directly from HUD assume

these responsibilities by execution of a

grant agreement with HUD and/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 a responsible

entity, the State must provide for

appropriate procedures by which these

responsible entities will evidence their

assumption of environmental

responsibilities.

(b) Particular responsibilities of the

States. (1) States are recipients for

purposes of directly undertaking a State

project and must assume the

environmental review responsibilities

for the State’s activities and those of any

non-governmental entity that may

participate in the project. In this case,

the State must submit the certification

and RROF to HUD for approval.

(2) States must exercise HUD’s

responsibilities in accordance with

§ 58.18, with respect to approval of a

unit of local government’s

environmental certification and RROF

for a HUD assisted project funded

through the State, except for projects

assisted by Section 17 Rental

Rehabilitation assistance and Housing

Development Grants. Approval by the

State of a unit of local government’s

certification and RROF satisfies the

Secretary’s responsibilities under NEPA

and the related laws cited in § 58.5.

(3) For section 17 Rental

Rehabilitation projects and Housing

Development Grants, the State agency

shall meet the responsibilities set forth

in § 58.18. However, for section 17

projects, the State lacks authority to

approve RROFs and therefore must

forward to the responsible HUD Field

Office the local recipient’s certification

and RROF, any objections to the release

of funds submitted by another party,

and the State’s recommendation as to

whether HUD should approve the

certification and the RROF.

§ 58.5 Related Federal laws and

authorities.

In accordance with the provisions of

law cited in § 58.1(b), the responsible

entity must assume responsibilities for

environmental review, decision-making

and action that would apply to HUD

under the following specified laws and

authorities. The responsible entity must

certify that it has complied with the

requirements that would apply to HUD

under these laws and authorities and

must consider the criteria, standards,

policies and regulations of these laws

and authorities.

(a) Historic properties. (1) The

National Historic Preservation Act of

1966 as amended (16 U.S.C. 470 et seq.),

particularly sections 106 and 110 (16

U.S.C. 470 and 470h-2), except as

provided in § 58.17 for Section 17

projects.

(2) Executive Order 11593, Protection

and Enhancement of the Cultural

Environment, May 13, 1971 (36 FR

8921), 3 CFR 1971–1975 Comp., p. 559,

particularly section 2(c).

(3) Federal historic preservation

regulations as follows:

(i) 36 CFR part 800 with respect to

HUD programs other than Urban

Development Action Grants (UDAG);

and

(ii) 36 CFR part 801 with respect to

UDAG.

(4) The Reservoir Salvage Act of 1960

as amended by the Archeological and

Historic Preservation Act of 1974 (16
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 19125

U.S.C. 469 et seq.), particularly section

3 (16 U.S.C. 469a-1).

(b) Floodplain management and

wetland protection. (1) Executive Order

11988, Floodplain Management, May

24, 1977 (42 FR 26951), 3 CFR, 1977

Comp., p. 117, as interpreted in HUD

regulations at 24 CFR part 55,

particularly section 2(a) of the order

(For an explanation of the relationship

between the decision-making process in

24 CFR part 55 and this part, see § 55.10

of this subtitle A.)

(2) Executive Order 11990, Protection

of Wetlands, May 24, 1977 (42 FR

26961), 3 CFR, 1977 Comp., p. 121,

particularly sections 2 and 5.

(c) Coastal Zone Management. The

Coastal Zone Management Act of 1972

(16 U.S.C. 1451 et seq.), as amended,

particularly section 307(c) and (d) (16

U.S.C. 1456(c) and (d)).

(d) Sole source aquifers. (1) The Safe

Drinking Water Act of 1974 (42 U.S.C.

201, 300(f) et seq., and 21 U.S.C. 349)

as amended; particularly section

1424(e)(42 U.S.C. 300h–3(e)).

(2) Sole Source Aquifers

(Environmental Protection Agency—40

CFR part 149).

(e) Endangered species. The

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.) as amended,

particularly section 7 (16 U.S.C. 1536).

(f) Wild and scenic rivers. The Wild

and Scenic Rivers Act of 1968 (16 U.S.C.

1271 et seq.) as amended, particularly

section 7(b) and (c) (16 U.S.C. 1278(b)

and (c)).

(g) Air quality. (1) The Clean Air Act

(42 U.S.C. 7401 et. seq.) as amended;

particularly section 176(c) and (d) (42

U.S.C. 7506(c) and (d)).

(2) Determining Conformity of Federal

Actions to State or Federal

Implementation Plans (Environmental

Protection Agency— 40 CFR parts 6, 51,

and 93).

(h) Farmlands protection. (1)

Farmland Protection Policy Act of 1981

(7 U.S.C. 4201 et seq.) particularly

sections 1540(b) and 1541 (7 U.S.C.

4201(b) and 4202).

(2) Farmland Protection Policy

(Department of Agriculture—7 CFR part

658).

(i) HUD environmental standards.

Applicable criteria and standards

specified in HUD environmental

regulations (24 CFR part 51) (other than

the runway clear zone and clear zone

notification requirement in 24 CFR

51.303 (a)(3)) and HUD Notice 79–33,

Policy Guidance to Address the

Problems Posed by Toxic Chemicals and

Radioactive Materials, September 10,

1979).

(j) Environmental justice. Executive

Order 12898—Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations, February 11, 1994 (59 FR

7629), 3 CFR, 1994 Comp. p. 859.

§ 58.6 Other requirements.

In addition to the duties under the

laws and authorities specified in § 58.5

for assumption by the responsible entity

under the laws cited in § 58.1(b), the

responsible entity must comply with the

following requirements. Applicability of

the following requirements does not

trigger the certification and release of

funds procedure under this part or

preclude exemption of an activity under

§ 58.34(a)(11) and/or the applicability of

§ 58.35(b). However, the responsible

entity remains responsible for

addressing the following requirements

in its ERR and meeting these

requirements, where applicable,

regardless of whether the activity is

exempt under § 58.34 or categorically

excluded under § 58.35(a) or (b).

(a)(1) Under the Flood Disaster

Protection Act of 1973, as amended (42

U.S.C. 4001–4128), Federal financial

assistance for acquisition and

construction purposes (including

rehabilitation) may not be used in an

area identified by the Federal

Emergency Management Agency

(FEMA) as having special flood hazards,

unless:

(i) The community in which the area

is situated is participating in the

National Flood Insurance Program (see

44 CFR parts 59 through 79), or less

than one year has passed since the

FEMA notification regarding such

hazards; and

(ii) Flood insurance protection is to be

obtained as a condition of the approval

of financial assistance to the property

owner.

(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.

(3) Paragraph (a) of this section does

not apply to Federal formula grants

made to a State.

(b) Pursuant to the Coastal Barrier

Resources Act, as amended by the

Coastal Barrier Improvement Act of

1990 (16 U.S.C. 3501), HUD assistance

may not be used for most activities

proposed in the Coastal Barrier

Resources System.

(c) In all cases involving HUD

assistance, subsidy, or insurance for the

purchase or sale of an existing property

in a Runway Clear Zone or Clear Zone,

as defined in 24 CFR part 51, the

responsible entity shall advise the buyer

that the property is in a runway clear

zone or clear zone, what the

implications of such a location are, and

that there is a possibility that the

property may, at a later date, be

acquired by the airport operator. The

buyer must sign a statement

acknowledging receipt of this

information.

Subpart B—General Policy:

Responsibilities of Responsible

Entities

§ 58.10 Basic environmental

responsibility.

In accordance with the provisions of

law cited in § 58.1(b), the responsible

entity must assume the environmental

responsibilities for projects under

programs cited in § 58.1(b), and in doing

so must comply with the provisions of

NEPA and the CEQ regulations

contained in 40 CFR parts 1500 through

1508, including the requirements set

forth in this part. This includes

responsibility for compliance with the

applicable provisions and requirements

of the Federal laws and authorities

specified in § 58.5. The provisions of the

CEQ regulations in 40 CFR parts 1500

through 1508 are applicable to this part.

§ 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

must 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, special project or self-help

homeownership opportunity recipient

objects to the non-recipient 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
19126 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

in accordance with this part or may

itself conduct the environmental review

in accordance with the provisions of 24

CFR part 50.

§ 58.12 Technical and administrative

capacity.

The responsible entity must develop

the technical and administrative

capability necessary to comply with 40

CFR parts 1500 through 1508 and the

requirements of this part.

§ 58.13 Responsibilities of the certifying

officer.

Under the terms of the certification

required by § 58.71, a responsible

entity’s certifying officer is the

‘‘responsible Federal official’’ as that

term is used in section 102 of NEPA and

in statutory provisions cited in § 58.1(b).

The Certifying Officer is therefore

responsible for all the requirements of

section 102 of NEPA and the related

provisions in 40 CFR parts 1500 through

1508, and 24 CFR part 58, including the

related Federal authorities listed in

§ 58.5. The Certifying Officer must also:

(a) Represent the responsible entity

and be subject to the jurisdiction of the

Federal courts. The Certifying Officer

will not be represented by the

Department of Justice in court; and

(b) Ensure that the responsible entity

reviews and comments on all EISs

prepared for Federal projects that may

have an impact on the recipient’s

program.

§ 58.14 Interaction with State, Federal and

non-Federal entities.

A responsible entity shall consult, as

appropriate, environmental agencies,

State, Federal and non-Federal entities

and the public in the preparation of an

EIS, EA or other environmental reviews

undertaken under the related laws and

authorities cited in § 58.5 and § 58.6.

The responsible entity must also

cooperate with other agencies to reduce

duplication between NEPA and

comparable environmental review

requirements of the State (see 40 CFR

1506.2(b) and (c)). The responsible

entity must prepare its EAs and EISs so

that they comply with the

environmental review requirements of

both Federal and State laws unless

otherwise specified or provided by law.

State, Federal and local agencies may

participate or act in a joint lead or

cooperating agency capacity in the

preparation of joint EISs (see 40 CFR

1501.5(b) and 1501.6). A single EIS may

be prepared and adopted by multiple

users to the extent that the review

addresses the relevant environmental

issues and there is a written agreement

between the cooperating agencies which

sets forth the coordinated and overall

responsibilities.

§ 58.15 Tiering.

Responsible entities may tier their

environmental reviews and assessments

to eliminate repetitive discussions of the

same issues at subsequent levels of

review. Tiering is appropriate when

there is a requirement to evaluate a

policy or proposal in the early stages of

development or when site-specific

analysis or mitigation is not currently

feasible and a more narrow or focused

analysis is better done at a later date.

The site specific review need only

reference or summarize the issues

addressed in the broader review. The

broader review should identify and

evaluate those issues ripe for decision

and exclude those issues not relevant to

the policy, program or project under

consideration. The broader review

should also establish the policy,

standard or process to be followed in

the site specific review. The Finding of

No Significant Impact (FONSI) with

respect to the broader assessment shall

include a summary of the assessment

and identify the significant issues to be

considered in site specific reviews.

Subsequent site-specific reviews will

not require notices or a Request for

Release of Funds unless the Certifying

Officer determines that there are

unanticipated impacts or impacts not

adequately addressed in the prior

review. A tiering approach can be used

for meeting environmental review

requirements in areas designated for

special focus in local Consolidated

Plans. Local and State Governments are

encouraged to use the Consolidated Plan

process to facilitate environmental

reviews.

§ 58.17 Historic Preservation requirements

for prior section 17 grants.

A recipient of a section 17 grant shall

comply with the historic preservation

requirements of this part and existing

grant agreements.

§ 58.18 Responsibilities of States

Assuming HUD Responsibilities.

(a) States that elect to administer a

HUD program shall ensure that the

program complies with the provisions of

this part. The State must:

(1) Designate the State agency or

agencies which will be responsible for

carrying out the requirements and

administrative responsibilities set forth

in subpart H of this part and which will:

(i) Develop a monitoring and

enforcement program for post-review

actions on environmental reviews and

monitor compliance with any

environmental conditions included in

the award.

(ii) Receive public notices, RROFs and

certifications from recipients pursuant

to §§ 58.70 and 58.71; accept objections

from the public and from other agencies

(§ 58.73); and perform other related

responsibilities regarding releases of

funds.

(2) Fulfill the State role in subpart H

relative to the time period set for the

receipt and disposition of comments,

objections and appeals (if any) on

particular projects.

(b) States administering section 17

Programs shall assume the

responsibilities set forth in this section

for overseeing the State recipient’s

performance and compliance with

NEPA and related Federal authorities as

set forth in this part, including receiving

RROFs and environmental certifications

for particular projects from State

recipients and objections from

government agencies and the public in

accordance with the procedures

contained in subpart H of this part. The

State shall forward to the responsible

HUD Field Office the environmental

certification, the RROF and any

objections received, and shall

recommend whether to approve or

disapprove the certification and RROF.

Subpart C—General Policy:

Environmental Review Procedures

§ 58.21 Time periods.

All time periods in this part shall be

counted in calendar days. The first day

of a time period begins at 12:01 a.m.

local time on the day following the

publication or the mailing and posting

date of the notice which initiates the

time period.

§ 58.22 Limitations on activities pending

clearance.

(a) A recipient may not commit HUD

assistance funds under a program listed

in § 58.1(b) on an activity or project

until HUD or the State has approved the

recipient’s RROF and the related

certification of the responsible entity. In

addition, until the RROF and related

certification has been approved, the

recipient may not commit non-HUD

funds on an activity or project under a

program listed in § 58.1(b) if the activity

or project would have an adverse

environmental impact or limit the

choice of reasonable alternatives. If an

activity is exempt under § 58.34, or not

subject to § 58.5 under § 58.35(b), no

RROF is required and a recipient may

undertake the activity immediately after

the award of the assistance.

(b) An option agreement on a

proposed site or property is allowable

prior to the completion of the

environmental review if the option
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 19127

agreement is subject to a determination

by the recipient on the desirability of

the property for the project as a result

of the completion of the environmental

review in accordance with this part and

the cost of the option is a nominal

portion of the purchase price. There is

no constraint on the purchase of an

option by third parties that have not

been selected for HUD funding, have no

responsibility for the environmental

review and have no say in the approval

or disapproval of the project.

(c) Relocation. Funds may be

committed for relocation assistance

before the approval of the RROF and

related certification for the project

provided that the relocation assistance

is required by 24 CFR part 42.

§ 58.23 Financial assistance for

environmental review.

The costs of environmental reviews,

including costs incurred in complying

with any of the related laws and

authorities cited in § 58.5 and § 58.6, are

eligible costs to the extent allowable

under the HUD assistance program

regulations.

Subpart D—Environmental Review

Process: Documentation, Range of

Activities, Project Aggregation and

Classification

§ 58.30 Environmental Review Process.

(a) The environmental review process

consists of all the actions that a

responsible entity must take to

determine compliance with this part.

The environmental review process

includes all the compliance actions

needed for other activities and projects

that are not assisted by HUD but are

aggregated by the responsible entity in

accordance with § 58.32.

(b) The environmental review process

should begin as soon as a recipient

determines the projected use of HUD

assistance.

§ 58.32 Project aggregation.

(a) A responsible entity must group

together and evaluate as a single project

all individual activities which are

related either on a geographical or

functional basis, or are logical parts of

a composite of contemplated actions.

(b) In deciding the most appropriate

basis for aggregation when evaluating

activities under more than one program,

the responsible entity may choose:

functional aggregation when a specific

type of activity (e.g., water

improvements) is to take place in

several separate locales or jurisdictions;

geographic aggregation when a mix of

dissimilar but related activities is to be

concentrated in a fairly specific project

area (e.g., a combination of water, sewer

and street improvements and economic

development activities); or a

combination of aggregation approaches,

which, for various project locations,

considers the impacts arising from each

functional activity and its

interrelationship with other activities.

(c) The purpose of project aggregation

is to group together related activities so

that the responsible entity can:

(1) Address adequately and analyze,

in a single environmental review, the

separate and combined impacts of

activities that are similar, connected and

closely related, or that are dependent

upon other activities and actions. (See

40 CFR 1508.25(a)).

(2) Consider reasonable alternative

courses of action.

(3) Schedule the activities to resolve

conflicts or mitigate the individual,

combined and/or cumulative effects.

(4) Prescribe mitigation measures and

safeguards including project alternatives

and modifications to individual

activities.

(d) Multi-year project aggregation. (1)

Release of funds. When a recipient’s

planning and program development

provide for activities to be implemented

over two or more years, the responsible

entity’s environmental review should

consider the relationship among all

component activities of the multi-year

project regardless of the source of funds

and address and evaluate their

cumulative environmental effects. The

estimated range of the aggregated

activities and the estimated cost of the

total project must be listed and

described by the responsible entity in

the environmental review and included

in the RROF. The release of funds will

cover the entire project period.

(2) When one or more of the

conditions described in § 58.47 exists,

the recipient or other responsible entity

must re-evaluate the environmental

review.

§ 58.33 Emergencies.

(a) In the cases of emergency, disaster

or imminent threat to health and safety

which warrant the taking of an action

with significant environmental impact,

the provisions of 40 CFR 1506.11 shall

apply.

(b) If funds are needed on an

emergency basis and when adherence to

separate comment periods would

prevent the giving of assistance, the

combined Notice of FONSI and the

Notice of the Intent to Request Release

of Funds may be disseminated and/or

published simultaneously with the

submission of the Request for Release of

Funds (RROF). The combined Notice of

FONSI and NOI/ROF shall state that the

funds are needed on an immediate

emergency basis due to a Presidentially

declared disaster and that the comment

periods have been combined. The

Notice shall also invite commenters to

submit their comments to both HUD and

the responsible entity issuing the notice

to assure that these comments will

receive full consideration.

§ 58.34 Exempt activities.

(a) Except for the applicable

requirements of § 58.6, the responsible

entity does not have to comply with the

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:

(1) Environmental and other studies,

resource identification and the

development of plans and strategies;

(2) Information and financial services;

(3) Administrative and management

activities;

(4) Public services that will not have

a physical impact or result in any

physical changes, including but not

limited to services concerned with

employment, crime prevention, child

care, health, drug abuse, education,

counseling, energy conservation and

welfare or recreational needs;

(5) Inspections and testing of

properties for hazards or defects;

(6) Purchase of insurance;

(7) Purchase of tools;

(8) Engineering or design costs;

(9) Technical assistance and training;

(10) Assistance for temporary or

permanent improvements that do not

alter environmental conditions and are

limited to protection, repair or

restoration activities necessary only to

control or arrest the effects from

disasters, imminent threats or physical

deterioration;

(11) Payment of principal and interest

on loans made or obligations guaranteed

by HUD;

(12) Any of the categorical exclusions

listed in § 58.35(a) provided that there

are no circumstances which require

compliance with any other Federal laws

and authorities cited in § 58.5.

(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.
19128 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

§ 58.35 Categorical exclusions.

Categorical exclusion refers to a

category of activities for which no

environmental impact statement or

environmental assessment and finding

of no significant impact under NEPA is

required, except in extraordinary

circumstances (see § 58.2(a)(3)) in which

a normally excluded activity may have

a significant impact. Compliance with

the other applicable Federal

environmental laws and authorities

listed in § 58.5 is required for any

categorical exclusion listed in paragraph

(a) of this section.

(a) Categorical exclusions subject to

§ 58.5. The following activities are

categorically excluded under NEPA, but

may be subject to review under

authorities listed in § 58.5:

(1) Acquisition, repair, improvement,

reconstruction, or rehabilitation of

public facilities and improvements

(other than buildings) when the

facilities and improvements are in place

and will be retained in the same use

without change in size or capacity of

more than 20 percent (e.g., replacement

of water or sewer lines, reconstruction

of curbs and sidewalks, repaving of

streets).

(2) Special projects directed to the

removal of material and architectural

barriers that restrict the mobility of and

accessibility to elderly and handicapped

persons.

(3) Rehabilitation of buildings and

improvements when the following

conditions are met:

(i) In the case of multifamily

residential buildings:

(A) Unit density is not changed more

than 20 percent;

(B) The project does not involve

changes in land use from residential to

non-residential; and

(C) The estimated cost of

rehabilitation is less than 75 percent of

the total estimated cost of replacement

after rehabilitation.

(ii) In the case of non-residential

structures, including commercial,

industrial, and public buildings:

(A) The facilities and improvements

are in place and will not be changed in

size or capacity by more than 20

percent; and

(B) The activity does not involve a

change in land use, such as from nonresidential to residential, commercial to

industrial, or from one industrial use to

another.

(4) An individual action on a one- to

four-family dwelling or an individual

action on a project of five or more units

developed on scattered sites when the

sites are more than 2,000 feet apart and

there are not more than four units on

any one site.

(5) Acquisition or disposition of an

existing structure or acquisition of

vacant land provided that the structure

or land acquired or disposed of will be

retained for the same use.

(6) Combinations of the above

activities.

(b) Categorical exclusions not subject

to § 58.5. The Department has

determined that the following

categorically excluded activities would

not alter any conditions that would

require a review or compliance

determination under the Federal laws

and authorities cited in § 58.5. When the

following kinds of activities are

undertaken, the responsible entity does

not have to publish a NOI/RROF or

execute a certification and the recipient

does not have to submit a RROF to HUD

(or the State) except in the

circumstances described in paragraph

(c) of this section. Following the award

of the assistance, no further approval

from HUD or the State will be needed

with respect to environmental

requirements, except where paragraph

(c) of this section applies. The recipient

remains responsible for carrying out any

applicable requirements under § 58.6.

(1) Tenant-based rental assistance;

(2) Supportive services including, but

not limited to, health care, housing

services, permanent housing placement,

day care, nutritional services, short-term

payments for rent/mortgage/utility

costs, and assistance in gaining access to

local, State, and Federal government

benefits and services;

(3) Operating costs including

maintenance, security, operation,

utilities, furnishings, equipment,

supplies, staff training and recruitment

and other incidental costs;

(4) Economic development activities,

including but not limited to, equipment

purchase, inventory financing, interest

subsidy, operating expenses and similar

costs not associated with construction

or expansion of existing operations;

(5) Activities to assist homeownership

of existing ‘‘or new dwelling units not

assisted with Federal funds’’ including

closing costs and down payment

assistance to home buyers, interest

buydowns and similar activities that

result in the transfer of title to a

property;

(6) Affordable housing predevelopment costs including legal,

consulting, developer and other costs

related to obtaining site options, project

financing, administrative costs and fees

for loan commitments, zoning

approvals, and other related activities

which do not have a physical impact.

(c) Circumstances requiring NEPA

review. If a responsible entity

determines that an activity or project

identified in paragraph (a) or (b) of this

section, because of extraordinary

circumstances and conditions at or

affecting the location of the activity or

project, may have a significant

environmental effect, it shall comply

with all the requirements of this part.

(d) The Environmental Review Record

(ERR) must contain a well organized

written record of the process and

determinations made under this section.

§ 58.36 Environmental assessments.

If a project is not exempt or

categorically excluded under §§ 58.34

and 58.35, the responsible entity must

prepare an EA in accordance with

subpart E of this part. If it is evident

without preparing an EA that an EIS is

required under § 58.37, the responsible

entity should proceed directly to an EIS.

§ 58.37 Environmental impact statement

determinations.

(a) An EIS is required when the

project is determined to have a

potentially significant impact on the

human environment.

(b) An EIS is required under any of

the following circumstances, except as

provided in paragraph (c) of this

section:

(1) The project would provide a site

or sites for, or result in the construction

of, hospitals or nursing homes

containing a total of 2,500 or more beds.

(2) The project would remove,

demolish, convert or substantially

rehabilitate 2,500 or more existing

housing units (but not including

rehabilitation projects categorically

excluded under § 58.35), or would result

in the construction or installation of

2,500 or more housing units, or would

provide sites for 2,500 or more housing

units.

(3) The project would provide enough

additional water and sewer capacity to

support 2,500 or more additional

housing units. The project does not have

to be specifically intended for

residential use nor does it have to be

totally new construction. If the project

is designed to provide upgraded service

to existing development as well as to

serve new development, only that

portion of the increased capacity which

is intended to serve new development

should be counted.

(c) If, on the basis of an EA, a

responsible entity determines that the

thresholds in paragraph (b) of this

section are the sole reason for the EIS,

the responsible entity may prepare a

FONSI pursuant to 40 CFR 1501.4. In

such cases, the FONSI must be made

available for public review for at least

30 days before the responsible entity
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 19129

makes the final determination whether

to prepare an EIS.

(d) Notwithstanding paragraphs (a)

through (c) of this section, an EIS is not

required where § 58.53 is applicable.

(e) Recommended EIS Format. The

responsible entity must use the EIS

format recommended by the CEQ

regulations (40 CFR 1502.10) unless a

determination is made on a particular

project that there is a compelling reason

to do otherwise. In such a case, the EIS

format must meet the minimum

requirements prescribed in 40 CFR

1502.10.

§ 58.38 Environmental review record.

The responsible entity must maintain

a written record of the environmental

review undertaken under this part for

each project. This document will be

designated the ‘‘Environmental Review

Record’’ (ERR), and shall be available

for public review. The responsible

entity must use the current HUDrecommended formats or develop

equivalent formats.

(a) ERR Documents. The ERR shall

contain all the environmental review

documents, public notices and written

determinations or environmental

findings required by this part as

evidence of review, decisionmaking and

actions pertaining to a particular project

of a recipient. The document shall:

(1) Describe the project and the

activities that the recipient has

determined to be part of the project;

(2) Evaluate the effects of the project

or the activities on the human

environment;

(3) Document compliance with

applicable statutes and authorities, in

particular those cited in § 58.5 and 58.6;

and

(4) Record the written determinations

and other review findings required by

this part (e.g., exempt and categorically

excluded projects determinations,

findings of no significant impact).

(b) Other documents and information.

The ERR shall also contain verifiable

source documents and relevant base

data used or cited in EAs, EISs or other

project review documents. These

documents may be incorporated by

reference into the ERR provided that

each source document is identified and

available for inspection by interested

parties. Proprietary material and special

studies prepared for the recipient that

are not otherwise generally available for

public review shall not be incorporated

by reference but shall be included in the

ERR.

Subpart E—Environmental Review

Process: Environmental Assessments

(EA’s)

§ 58.40 Preparing the environmental

assessment.

The responsible entity may prepare

the EA using the HUD recommended

format. In preparing an EA for a

particular project, the responsible entity

must:

(a) Determine existing conditions and

describe the character, features and

resources of the project area and its

surroundings; identify the trends that

are likely to continue in the absence of

the project.

(b) Identify all potential

environmental impacts, whether

beneficial or adverse, and the conditions

that would change as a result of the

project.

(c) Identify, analyze and evaluate all

impacts to determine the significance of

their effects on the human environment

and whether the project will require

further compliance under related laws

and authorities cited in § 58.5 and

§ 58.6.

(d) Examine and recommend feasible

ways in which the project or external

factors relating to the project could be

modified in order to eliminate or

minimize adverse environmental

impacts.

(e) Examine alternatives to the project

itself, if appropriate, including the

alternative of no action.

(f) Complete all environmental review

requirements necessary for the project’s

compliance with applicable authorities

cited in §§ 58.5 and 58.6.

(g) Based on steps set forth in

paragraph (a) through (f) of this section,

make one of the following findings:

(1) A Finding of No Significant Impact

(FONSI), in which the responsible entity

determines that the project is not an

action that will result in a significant

impact on the quality of the human

environment. The responsible entity

may then proceed to § 58.43.

(2) A finding of significant impact, in

which the project is deemed to be an

action which may significantly affect

the quality of the human environment.

The responsible entity must then

proceed with its environmental review

under subpart F or G of this part.

§ 58.43 Dissemination and/or publication

of the findings of no significant impact.

(a) If the responsible entity makes a

finding of no significant impact, it must

prepare a FONSI notice, using the

current HUD-recommended format or an

equivalent format. As a minimum, the

responsible entity must send the FONSI

notice to individuals and groups known

to be interested in the activities, to the

local news media, to the appropriate

tribal, local, State and Federal agencies;

to the Regional Offices of the

Environmental Protection Agency

having jurisdiction and to the HUD

Field Office (or the State where

applicable). The responsible entity may

also publish the FONSI notice in a

newspaper of general circulation in the

affected community. If the notice is not

published, it must also be prominently

displayed in public buildings, such as

the local Post Office and within the

project area or in accordance with

procedures established as part of the

citizen participation process.

(b) The responsible entity may

disseminate or publish a FONSI notice

at the same time it disseminates or

publishes the NOI/RROF required by

§ 58.70. If the notices are released as a

combined notice, the combined notice

shall:

(1) Clearly indicate that it is intended

to meet two separate procedural

requirements; and

(2) Advise the public to specify in

their comments which ‘‘notice’’ their

comments address.

(c) The responsible entity must

consider the comments and make

modifications, if appropriate, in

response to the comments, before it

completes its environmental

certification and before the recipient

submits its RROF. If funds will be used

in Presidentially declared disaster areas,

modifications resulting from public

comment, if appropriate, must be made

before proceeding with the expenditure

of funds.

§ 58.45 Public comment periods.

(a) Notice of finding of no significant

impact: 15 days from date of publication

or if no publication, 18 days from the

date of mailing and posting.

(b) Notice of intent to request release

of funds: 7 days from date of publication

or if no publication, 10 days from date

of mailing and posting.

(c) Concurrent or combined notices:

Same as FONSI notice.

§ 58.46 Time delays for exceptional

circumstances.

The responsible entity must make the

FONSI available for public comments

for 30 days before the recipient files the

RROF when:

(a) There is a considerable interest or

controversy concerning the project;

(b) The proposed project is similar to

other projects that normally require the

preparation of an EIS; or

(c) The project is unique and without

precedent.
19130 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

§ 58.47 Re-evaluation of environmental

assessments and other environmental

findings.

(a) A responsible entity must reevaluate its environmental 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;

(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 proposes the

selection of an alternative not in the

original finding.

(b) The purpose of the responsible

entity’s re-evaluation is to determine if

the original findings are still valid. If the

original findings are still valid but the

data or conditions upon which they

were based have changed, the

responsible entity must amend the

original findings and update its ERR by

including this re-evaluation and its

determination based on its findings. If

the responsible entity determines that

the original findings are 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, new circumstances

or environmental conditions under

paragraph (a)(2) of this section, or any

proposals to select a different alternative

under paragraph (a)(3) of this section,

and must then permit the responsible

entity to re-evaluate the findings before

proceeding.

Subpart F—Environmental Review

Process: Environmental Impact

Statement Determinations

§ 58.52 Adoption of other agencies’ EISs.

The responsible entity may adopt a

draft or final EIS prepared by another

agency provided that the EIS was

prepared in accordance with 40 CFR

parts 1500 through 1508. If the

responsible entity adopts an EIS

prepared by another agency, the

procedure in 40 CFR 1506.3 shall be

followed. An adopted EIS may have to

be revised and modified to adapt it to

the particular environmental conditions

and circumstances of the project if these

are different from the project reviewed

in the EIS. In such cases the responsible

entity must prepare, circulate, and file

a supplemental draft EIS in the manner

prescribed in § 58.60(d) and otherwise

comply with the clearance and time

requirements of the EIS process, except

that scoping requirements under 40 CFR

1501.7 shall not apply. The agency that

prepared the original EIS should be

informed that the responsible entity

intends to amend and adopt the EIS.

The responsible entity may adopt an EIS

when it acts as a cooperating agency in

its preparation under 40 CFR 1506.3.

The responsible entity is not required to

re-circulate or file the EIS, but must

complete the clearance process for the

RROF. The decision to adopt an EIS

shall be made a part of the project ERR.

§ 58.53 Use of prior environmental impact

statements.

Where any final EIS has been listed in

the Federal Register for a project

pursuant to this part, or where an

areawide or similar broad scale final EIS

has been issued and the EIS anticipated

a subsequent project requiring an

environmental clearance, then no new

EIS is required for the subsequent

project if all the following conditions

are met:

(a) The ERR contains a decision based

on a finding pursuant to § 58.40 that the

proposed project is not a new major

Federal action significantly affecting the

quality of the human environment. The

decision shall include:

(1) References to the prior EIS and its

evaluation of the environmental factors

affecting the proposed subsequent

action subject to NEPA;

(2) An evaluation of any

environmental factors which may not

have been previously assessed, or which

may have significantly changed;

(3) An analysis showing that the

proposed project is consistent with the

location, use, and density assumptions

for the site and with the timing and

capacity of the circulation, utility, and

other supporting infrastructure

assumptions in the prior EIS;

(4) Documentation showing that

where the previous EIS called for

mitigating measures or other corrective

action, these are completed to the extent

reasonable given the current state of

development.

(b) The prior final EIS has been filed

within five (5) years, and updated as

follows:

(1) The EIS has been updated to

reflect any significant revisions made to

the assumptions under which the

original EIS was prepared;

(2) The EIS has been updated to

reflect new environmental issues and

data or legislation and implementing

regulations which may have significant

environmental impact on the project

area covered by the prior EIS.

(c) There is no litigation pending in

connection with the prior EIS, and no

final judicial finding of inadequacy of

the prior EIS has been made.

Subpart G—Environmental Review

Process: Procedures for Draft, Final

and Supplemental Environmental

Impact Statements

§ 58.55 Notice of intent to prepare an EIS.

As soon as practicable after the

responsible entity decides to prepare an

EIS, it must publish a NOI/EIS, using

the HUD recommended format and

disseminate it in the same manner as

required by 40 CFR parts 1500 through

1508.

§ 58.56 Scoping process.

The determination on whether or not

to hold a scoping meeting will depend

on the same circumstances and factors

as for the holding of public hearings

under § 58.59. The responsible entity

must wait at least 15 days after

disseminating or publishing the NOI/

EIS before holding a scoping meeting.

§ 58.57 Lead agency designation.

If there are several agencies ready to

assume the lead role, the responsible

entity must make its decision based on

the criteria in 40 CFR 1501.5(c). If the

responsible entity and a Federal agency

are unable to reach agreement, then the

responsible entity must notify HUD (or

the State, where applicable). HUD (or

the State) will assist in obtaining a

determination based on the procedure

set forth in 40 CFR 1501.5(e).

§ 58.59 Public hearings and meetings.

(a) Factors to consider. In determining

whether or not to hold public hearings

in accordance with 40 CFR 1506.6, the

responsible entity must consider the

following factors:

(1) The magnitude of the project in

terms of economic costs, the geographic

area involved, and the uniqueness or

size of commitment of resources

involved.

(2) The degree of interest in or

controversy concerning the project.

(3) The complexity of the issues and

the likelihood that information will be

presented at the hearing which will be

of assistance to the responsible entity.

(4) The extent to which public

involvement has been achieved through

other means.

(b) Procedure. All public hearings

must be preceded by a notice of public

hearing, which must be published in the

local news media 15 days before the

hearing date. The Notice must:
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 19131

(1) State the date, time, place, and

purpose of the hearing or meeting.

(2) Describe the project, its estimated

costs, and the project area.

(3) State that persons desiring to be

heard on environmental issues will be

afforded the opportunity to be heard.

(4) State the responsible entity’s name

and address and the name and address

of its Certifying Officer.

(5) State what documents are

available, where they can be obtained,

and any charges that may apply.

§ 58.60 Preparation and filing of

environmental impact statements.

(a) The responsible entity must

prepare the draft environmental impact

statement (DEIS) and the final

environmental impact statements (FEIS)

using the current HUD recommended

format or its equivalent.

(b) The responsible entity must file

and distribute the (DEIS) and the (FEIS)

in the following manner:

(1) Five copies to EPA Headquarters;

(2) Five copies to EPA Regional

Office;

(3) Copies made available in the

responsible entity’s and the recipient’s

office;

(4) Copies or summaries made

available to persons who request them;

and

(5) FEIS only—one copy to State,

HUD Field Office, and HUD

Headquarters library.

(c) The responsible entity may request

waivers from the time requirements

specified for the draft and final EIS as

prescribed in 40 CFR 1506.6.

(d) When substantial changes are

proposed in a project or when

significant new circumstances or

information becomes available during

an environmental review, the recipient

may prepare a supplemental EIS as

prescribed in 40 CFR 1502.9.

(e) The responsible entity must

prepare a Record of Decision (ROD) as

prescribed in 40 CFR 1502.2.

Subpart H—Release of Funds for

Particular Projects

§ 58.70 Notice of intent to request release

of funds.

The NOI/RROF must be disseminated

and/or published in the manner

prescribed by § 58.43 and § 58.45 before

the certification is signed by the

responsible entity.

§ 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 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(b). 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 (or the State, if

applicable) has approved its request for

release of funds. The 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 (or the State, if applicable)

requesting the release of funds. The

recipient must agree 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 commit

funds for these activities as soon as

programmatic authorization is received.

This finding shall be documented in the

ERR maintained by the responsible

entity and in the recipient’s project files.

§ 58.72 HUD or State Actions on RROFs

and certifications.

The actions which HUD (or a State)

may take with respect to a recipient’s

environmental certification and RROF

are as follows:

(a) In the absence of any receipt of

objection to the contrary, except as

provided in paragraph (b) of this

section, HUD (or the State) will assume

the validity of the certification and

RROF and will approve these

documents after expiration of the 15-day

period prescribed by statute.

(b) HUD (or the State) may disapprove

a certification and RROF if it has

knowledge that the responsible entity

has not complied with the items in

§ 58.75, or that the RROF and

certification are inaccurate.

(c) In cases in which HUD has

approved a certification and RROF but

subsequently learns (e.g., through

monitoring) that the recipient violated

§ 58.22 or the recipient or responsible

entity otherwise failed to comply with

a clearly applicable environmental

authority, HUD shall impose

appropriate remedies and sanctions in

accord with the law and regulations for

the program under which the violation

was found.

§ 58.73 Objections to release of funds.

HUD (or the State) will not approve

the ROF for any project before 15

calendar days have elapsed from the

time of receipt of the RROF and the

certification or from the time specified

in the notice published pursuant to

§ 58.70, whichever is later. Any person

or agency may object to a recipient’s

RROF and the related certification.

However, the objections must meet the

conditions and procedures set forth in

subpart H of this part. HUD (or the

State) can refuse the RROF and

certification on any grounds set forth in

§ 58.75. All decisions by HUD (or the

State) regarding the RROF and the

certification shall be final.

§ 58.74 Time for objecting.

All objections must be received by

HUD (or the State) within 15 days from

the time HUD (or the State) receives the

recipient’s RROF and the related

certification, or within the time period

specified in the notice, whichever is

later.

§ 58.75 Permissible bases for objections.

HUD (or the State), will consider

objections claiming a responsible

entity’s noncompliance with this part

based only on any of the following

grounds:

(a) The certification was not in fact

executed by the responsible entity’s

Certifying Officer.

(b) The responsible entity has failed to

make one of the two findings pursuant

to § 58.40 or to make the written

determination required by §§ 58.35,

58.47 or 58.53 for the project, as

applicable.

(c) The responsible entity has omitted

one or more of the steps set forth at

subpart E of this part for the

preparation, publication and completion

of an EA.

(d) The responsible entity has omitted

one or more of the steps set forth at

subparts F and G of this part for the

conduct, preparation, publication and

completion of an EIS.

(e) The recipient has committed funds

or incurred costs not authorized by this

part before release of funds and

approval of the environmental

certification by HUD or the State.
19132 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

(f) Another Federal agency acting

pursuant to 40 CFR part 1504 has

submitted a written finding that the

project is unsatisfactory from the

standpoint of environmental quality.

§ 58.76 Procedure for objections.

A person or agency objecting to a

responsible entity’s RROF and

certification shall submit objections in

writing to HUD (or the State). The

objections shall:

(a) Include the name, address and

telephone number of the person or

agency submitting the objection, and be

signed by the person or authorized

official of an agency.

(b) Be dated when signed.

(c) Describe the basis for objection

and the facts or legal authority

supporting the objection.

(d) State when a copy of the objection

was mailed or delivered to the

responsible entity’s Certifying Officer.

§ 58.77 Effect of approval of certification.

(a) Responsibilities of HUD and

States. HUD’s (or, where applicable, the

State’s) approval of the certification

shall be deemed to satisfy the

responsibilities of the Secretary under

NEPA and related provisions of law

cited at § 58.5 insofar as those

responsibilities relate to the release of

funds as authorized by the applicable

provisions of law cited in § 58.1(b).

(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 is 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.

(c) Implementation of environmental

review decisions. Projects of a recipient

will require post-review monitoring and

other inspection and enforcement

actions by the recipient and the State or

HUD (using procedures provided for in

program regulations) to assure that

decisions adopted through the

environmental review process are

carried out during project development

and implementation.

(d) Responsibility for monitoring and

training. (1) At least once every three

years, HUD intends to conduct in-depth

monitoring and exercise quality control

(through training and consultation) over

the environmental activities performed

by responsible entities 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:

(i) In the case of problems found

during limited monitoring, HUD may

schedule in-depth monitoring at an

earlier date or may schedule in-depth

monitoring more frequently;

(ii) HUD may require attendance by

staff of the responsible entity at HUDsponsored or approved training, which

will be provided periodically at various

locations around the country;

(iii) HUD may refuse to accept the

certifications of environmental

compliance on subsequent grants;

(iv) HUD may suspend or terminate

the responsible entity’s assumption of

the environmental review

responsibility;

(v) HUD may initiate sanctions,

corrective actions, or other remedies

specified in program regulations or

agreements or contracts with the

recipient.

(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

§ 58.13 with respect to projects and

activities for which the Certifying

Officer has submitted a certification

under this part.

Dated: March 27, 1996.

Henry G. Cisneros,

Secretary.

[FR Doc. 96–10467 Filed 4–29–96; 8:45 am]

BILLING CODE 4210–29–P