Responsible Entities
Responsible Entities
Question:
Who can serve as the responsible entity?
Answer:
The term "responsible entity" is defined at 24 CFR 58.2(a)(7). Generally, responsible entity refers to State, local, and tribal governments within which the HUD assisted project is located that exercise land use responsibility. Governmental entities with special or limited purposes powers such as public housing agencies and redevelopment authorities cannot serve as "responsible entities" assuming HUD's environmental review responsibilities under 24 CFR part 58.
HUD Programs Subject to 24 CFR Part 58
Question:
What HUD programs are authorized to allow the responsible entity to assume HUD's environmental review responsibilities under 24 CFR part 58.
Answer:
The list of authorizations and affected programs are at 24 CFR 58.1(b). That listing will be updated and will include the following HUD programs:
Special Purpose Grants Under Part 58
Question:
What are the environmental procedures for special purpose grants?
Answer:
Grantees must comply with the prohibition on the commitment or expenditure of any HUD or nonfederal funds to most program activities with respect to any eligible property, until HUD has notified the grantee that it has completed its environmental review or approved the release of funds. For Special Purpose Grants, the local, Tribal, or State government is the Responsible Entity (RE) for performing the environmental review under 24 CFR part 58 -- "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities." If the grantee is not a State, Tribal, or local government, the grantee must negotiate an arrangement with the RE within which the project is located that exercises land use responsibility for the performance of the environmental review. The grantee's architect and engineer should be able to provide the RE the site and environmental information needed for the environmental review. The RE documents its compliance on form HUD-7015.15 - "Request for the Release of Funds and Certification." Parts 1 and 2 of the form are completed and signed by the Certifying Officer of the RE; and Part 3 of the form is completed and signed by the grantee, who then submits the form to HUD for approval.
If this procedure is not feasible, or if the RE is unwilling to undertake such review, the grantee should notify the local HUD field office CPD Division Director by supplying a letter from the local government declining to perform the environmental review or simply the name, title, address, and phone number of the local government representative who communicated the negative decision. In such case, grantees may choose: (i) to request HUD to ask the county or State to perform the environmental review, or (ii) to supply HUD in a timely manner with all available and relevant information needed for HUD to perform the environmental review in accord with 24 CFR part 50 - "Protection and Enhancement of Environmental Quality." HUD documents its compliance on form HUD-4128 - "Environmental Assessment and Compliance Findings with the Related Laws." In all cases, grantees must implement mitigating measures resulting from the environmental review or must select an alternate eligible property. A record of all inquiries made as part of the review must be available for HUD compliance monitoring.
Homeless Assistance Grants Under Part 58
Question:
Do Part 58 procedures apply to Special Needs Assistance Program grants received by private nonprofit organizations and governmental entities with special or limited purpose powers (i.e., public housing agencies)?
Answer:
HUD field staff was advised that effective immediately grants for Supportive Housing, Shelter Plus Care, and Housing Opportunities for Persons with AIDS are now subject to 24 CFR part 58: "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities." References in program regulations to 24 CFR part 50: "Protection and Enhancement of Environmental Quality" are no longer effective and will be removed in the next rulemaking. (Memorandum of 2/20/01 see attached). Further information is contained in the Operating Instructions for these programs.
