The RE must adhere to certain environmental review regulations when implementing their HOME programs. Key environmental review regulations include the following:
- 24 CFR part 51: Environmental Criteria and Standards
This regulation provides environmental standards for determining project acceptability and necessary measures to ensure that activities assisted with HUD funds achieve the goal of a "suitable living environment." The environmental criteria of a suitable living environment include noise control/abatement and the siting of HUD-assisted projects away from hazardous operations. Hazardous operations may include:
- Runway clear zones at civil airports; and
- Accident potential zones at military airfields.
- 24 CFR part 55: Floodplain Management
This regulation implements the requirements of Executive Order 11988, Floodplain Management, and employs the principles of the United National Program for Floodplain Management. It covers the proposed acquisition, construction, improvement, disposition, financing and use of properties located in a floodplain for which approval is required either from HUD under any applicable HUD program or from a PJ subject to 24 CFR part 58 (see below). Floodplain management includes applying:
- Executive Order 11988; and
- Procedures for making determinations on floodplain management.
- 24 CFR part 58: Environmental Review for Responsible Entities Assuming HUD Responsibilities
Part 58 outlines all of the tasks related to completing a proper environmental review and applies when HUD delegates environmental review to a responsible entity (RE), such as when HUD designates PJs as the responsible entities under the HOME Program. Responsibilities for REs include:
- Ensuring an environmental review is conducted;
- Complying with NEPA provisions;
- Consulting with Federal, state, and local governments and the public in Preparing an environmental assessment, environmental impact statement, or other related documents;
- Identifying and determining the significance of all potential environmental impacts; and
- Assessing how site conditions would change as a result of the project.
- 24 CFR 92.352: Environmental Review (for HOME)
Under § 92.352 of the HOME final rule, PJs and state recipients are responsible for complying with the environmental review requirements under 24 CFR part 58. The regulation dictates that no funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification. (Note: Once the PJ begins the environmental review process, some activities may be found to be exempt.)
- Notice CPD-01-11: Environmental Review and the HOME Investment Partnerships Program
The purpose of this notice is to provide guidance on the environmental review process. It explains the responsibilities of HUD staff, HOME PJs, state recipients, subrecipients, and third parties (both public and private entities) including property owners, contractors, and developer partners in performing their environmental review responsibilities in accordance with 24 CFR Part 58. Note: PJs and state recipients may be subject to additional state or local environmental review laws. If that is the case, the more stringent standards apply.