(a) This part implements the policies
of the National Environmental Policy
Act (NEPA) and other environmental
requirements (as specified in § 50.4).
(b) NEPA (42 U.S.C. 4321 et seq.), establishes
national policy, goals and
procedures for protecting, restoring
and enhancing environmental quality.
NEPA is implemented by Executive
Order 11514 of March 5, 1970, (3 CFR,
1966–1970 Comp., p. 902) as amended by
Executive Order 11991 of May 24, 1977, (3
CFR, 1977 Comp., p. 123) and by the
Council on Environmental Quality
(CEQ) Regulations, 40 CFR parts 1500–
1508.
(c) The regulations issued by CEQ at
40 CFR parts 1500–1508 establish the
basic procedural requirements for compliance
with NEPA. These procedures
are to be followed by all Federal agencies
and are incorporated by reference
into this part. This part, therefore,
provides supplemental instructions to
reflect the particular nature of HUD
programs, and is to be used in tandem
with 40 CFR parts 1500–1508 and regulations
that implement authorities cited
at § 50.4.
(d) These regulations apply to all
HUD policy actions (as defined in
§ 50.16), and to all HUD project actions
(see § 50.2(a)(2)). Also, they apply to
projects and activities carried out by
recipients subject to environmental
policy and procedures of 24 CFR part
58, when the recipient that is regulated
under 24 CFR part 58 claims the lack of
legal capacity to assume the Secretary’s
environmental review responsibilities
and the claim is approved by
HUD or when HUD determines to conduct an environmental review itself in
place of a nonrecipient responsible entity.
For programs, activities or actions
not specifically identified or
when there are questions regarding the
applicability of this part, the Assistant
Secretary for Community Planning and
Development shall be consulted.