Environmental Compliance - Rules and Regulations

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This page provides a brief description and electronic links for the complete text of all environmental laws and rules which apply to HUD programs and policies. The list includes the National Environmental Policy Act and fourteen (14) related Federal Laws, Executive Orders and Rules. The HUD-issued environmental rules determine the scope and content requirements of environmental assessments for actions receiving HUD assistance.

Regulations

24 CFR Part 50: Protection and Enhancement of Environmental Quality
Used By: HUD Staff
Description: This is the Department's basic regulation that implements the National Environmental Policy Act (NEPA), the regulations of the Council on Environmental Quality (CEQ), and other related Federal environmental laws and authorities. HUD Form 4128 (WORD | PDF including the Sample Field Notes Checklist) is also used by HUD staff to document compliance with this regulation.

24 CFR Part 51: Environmental Criteria and Standards
Used By: HUD Staff and State, local and Native American governments
Description: This regulation provides environmental standards for determining project acceptability and necessary measures to insure that activities assisted by HUD achieve the goal of a suitable living environment. The environmental criteria include noise abatement and control and the siting of HUD-assisted projects near hazardous operations including explosives, flammables, runway clear zones at civil airports, and accident potential zones at military airfields.

24 CFR Part 55: Floodplain Management
Used by: HUD staff and State, local and Native American governments
Description: HUD regulations to implement executive order on development in floodplains.

24 CFR Part 58: Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities
Used By: State, local and Native American governments
Description: The procedures outlined in this regulation are used by entities that assume HUD's environmental review responsibilities in determining program compliance with the intent of the National Environmental Policy Act (NEPA) and other related statutes. Applicable HUD programs under this regulation include only those in which a specific statute allows governing entities to assume the Federal responsibility.

36 CFR Part 800: Protection of Historic Properties
Used by: HUD Staff, State, local and Native American governments
Description: The Advisory Commission on Historic Preservation Rules, used by HUD for all HUD projects.

HUD Environmental Protocols and Assurances

Protocol for Environmental Review
Used by: Recipient and HUD staff
Description: This protocol defines the information to be supplied by recipients to the HUD field Office in accord with the recipient's environmental assurance and the project agreement. The recipient's information will help HUD to complete the environmental review processing required by 24 CFR Part 50 -- "Protection and Enhancement of Environmental Quality." Recipients must not acquire, rehabilitate, convert, lease, repair or construct property, nor commit HUD or nonfederal funds for these program activities with respect to any eligible property, until the recipient receives HUD environmental approval of the property from the Division Director for the program in the field office in which the project is located. Where recipients propose more than one property, recipients are to aggregate properties into a single group (or even a neighborhood area) so that the HUD environmental review and approval may be completed under a single evaluation by the HUD field Office. The protocol provides specific questions for the recipient to answer for each property proposed for the project. In addition, the protocol provides resources related to each question. These questions should be applied to an entire neighborhood area if the recipient proposes to use the funds to benefit the neighborhood area. The protocol document is an attachment to the grant agreement.

Environmental Review Assurance
Used by: Recipient and HUD staff
Description: For HUD grant programs in which the funding approval for an applicant's program must occur before the applicant's selection of properties, the application must contain an assurance that the applicant agrees to assist HUD to comply with the environmental review requirements of 24 CFR part 50 -- "Protection and Enhancement of Environmental Quality." These requirements only apply to grant-funded projects fully or partially funded by HUD, undertaken by grantees and all tiers of subgrantees and subcontractors. When a project is limited to activities described in 24 CFR 50.19, it does not require an environmental review. All other activities (for example, acquisition of real property, construction and alteration) are subject to an environmental review. Since the approval of the initial grants in this program must occur prior to the identification of properties to be treated, as is provided for in 24 CFR 50.3(h), the applicant hereby agrees that it will assist HUD to comply with 24 CFR part 50, and that the applicant shall:

1. Advise HUD of all projects requiring a review under 24 CFR part 50 prior to their approval and supply HUD with all available and relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR part 50;
   
   
2. Carry out mitigating measures required by HUD or select an alternate property or project; and
   
   
3. Not acquire, rehabilitate, convert, lease, repair or construct property, nor commit or expend HUD or local funds for these program activities on a HUD assisted project until HUD has completed an environmental review to the extent required under 24 CFR part 50 and has given notification of its approval in accordance with 24 CFR 50.3(h)(3).
   
   
4. Include the above requirements in all subgrants and subcontracts.