Environment and Energy Laws, Regulations, & Worksheets
Regulations

24 CFR Part 50: Protection and Enhancement of Environmental Quality: HUD environmental 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. Part 50 applies to programs where HUD performs the environmental review.

24 CFR Part 51: Environmental Criteria and Standards: Part 51 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 and Wetlands Protection: HUD regulation that implements Executive Order 11988, Floodplain Management, and Executive Order 11990, Protection of Wetlands. Part 55 applies to all HUD-assisted or HUD-insured projects that are subject to potential harm by location in floodplains or wetlands. 

24 CFR Part 58: Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities: HUD Regulations at 24 CFR 58 allow the assumption of authority to perform environmental reviews by responsible entities, which are states, tribes, and units of general local government. The responsible entity assumes HUD environmental review responsibilities in complying with NEPA and other related statutes, regulations, and executive orders.  The responsible entity is responsible for the scope and content of the environmental review and making the finding. Applicable HUD programs under this regulation include only those in which a specific statute allows governing entities to assume the Federal responsibility.

NEPA

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Federally funded projects must comply with NEPA (42 U.S.C. 4321 et seq.) It is implemented through Executive Order 11514 (3 CFR, 1966-1970 Comp., p. 902) as amended by Executive Order 11991 (3 CFR, 1977 Comp., p. 123) and the implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508).

Assumption Authorizations Under 58.1(b)

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The following provisions of law, referenced at 58.1(b), authorize state, local, and Native American governments to assume HUD environmental review responsibilities. These governments perform environmental reviews as the responsible entity and are responsible for 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. The charts below cite the laws and the HUD programs to which they apply. Only these HUD programs are authorized to use environmental regulations at 24 CFR part 58 - Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities.

Law HUD Program
Section 104(g) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g))
  • Community Development Block Grants (CDBG) Entitlement
  • CDBG for States and Small Cities Section 108 Loan Guarantees
  • CDBG Disaster Recovery and Mitigation
  • CDBG for Indian Tribes and Alaska Native Villages
  • Economic Development Initiative Grants
  • Brownfields Economic Development Initiative Grants
Section 443 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11402) as Amended by Section 896 of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009
  • Continuum of Care (CoC) Program Grants
  • Emergency Solutions Grants (ESG) Grants
Section 288 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12838) HOME Investment Partnerships Program (HOME) Grants
Section 1011(o) of the Housing and Community Development Act of 1992 (42 U.S.C. 4852(o)) Grants to State and local governments for lead-based paint hazard control
Section 26 of the United States Housing Act of 1937 (42 U.S.C. 1437x)
  • Public Housing Assistance (Capital and Operating Funds)
  • HOPE VI Revitalization Grants
  • HOPE VI Demolition Grants
  • Capital Fund Grants
  • Mixed Finance Assistance
  • Section 202 Conversions
  • Section 8 (except the Section 8 special allocation program)
  • Section 8 Program for Disposition of HUD-owned projects
Section 305 of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547) Special Project Grants
Section 542(c)(9) of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) Federal Housing Administration (FHA) Multifamily Housing Finance Agency Pilot Program
Section 11(m) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) Self-Help Homeownership Opportunity Program (SHOP)
Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) Native American Housing Block Grants

Title VI Loan Guarantee Program of the Native American Housing Assistance and Self Determination Act of 1996, as amended

Tribes, Tribally Designated Housing Entities (TDHEs), use this program to leverage additional funds to build larger projects

Section 184(k) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(k)) Native American Housing Loan Guarantees
Section 806 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4226) Native Hawaiian Housing Block Grants
Section 184A Native Hawaiian Housing Loan Guarantee program Native Hawaiian Housing Block Grants

Section 184A of the Housing and Community Development Act of 1992

Native Hawaiian Housing Block Grants
Section 207(c) of the FY 1999 Department of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act (Pub. L. 108-276) Grants for Housing Opportunities for Persons With AIDS (HOPWA)
Laws, Authorities, & Worksheets

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Listings under 24 CFR 50.4 and 58.6
Issue Laws, Authorities, and Regulations Worksheet
Airport Hazards 24 CFR Part 50, Subpart D
Coastal Barrier Resources Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501)
Flood Insurance

Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 - 4128)

National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a)

 

Listings under 24 CFR 50.4 and 58.5
Subject Laws, Authorities, and Regulations Worksheet
Air Quality

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))

Determining conformity of General Federal Actions to State or Federal Implementation Plans - 40 CFR parts 651, and 93

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)
Contamination and Toxic Substances 24 CFR 50.3(i) & 58.5(i)(2) 
Floodplain Management

Executive Order 11988, Floodplain Management

24 CFR Part 55

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)
Environmental Justice Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
Explosive and Flammable Hazards (Above-Ground Storage Tanks) 24 CFR Part 51, Subpart C
Farmlands Protection Department of Agriculture - 7 CFR part 658
Historic Preservation

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. 470f and 470h-2)

Advisory Council on Historic Preservation - 36 CFR Part 800

Executive Order 11593, Protection and Enhancement of the Cultural Environment

The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.), particularly section 3 (16 U.S.C. 469a-1)

Noise Abatement and Control

Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978

24 CFR Part 51, Subpart B 

Sole Source Aquifers 

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))

Environmental Protection Agency - 40 CFR Part 149

Wetlands Protection

Executive Order 11990, Protection of Wetlands

24 CFR Part 55

Wild and Scenic Rivers  The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1531 et seq.) as amended, particularly section 7 (b) and (c) (16 U.S.C. 1278(b) and (c))
Additional Partner Worksheets  

Content current as of July 22, 2020.