HUD 24 CFR PART 50-2011 PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY《环境质量的防护和加强》.pdf
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1、348 24 CFR Subtitle A (4111 Edition) Pt. 50 his or her appeal may submit a written request for review of that determina-tion to the HUD field office (or to the State in the case of a unit of general local government funded by the State). If the full relief is not granted, the re-cipient shall advise
2、 the person of his or her right to seek judicial review. PARTS 4345 RESERVED PART 50PROTECTION AND EN-HANCEMENT OF ENVIRON-MENTAL QUALITY Subpart AGeneral: Federal Laws and Authorities Sec. 50.1 Purpose, authority, and applicability. 50.2 Terms and abbreviations. 50.3 Environmental policy. 50.4 Rela
3、ted Federal laws and authorities. Subpart BGeneral Policy: Responsibilities and Program Coverage 50.10 Basic environmental responsibility. 50.11 Responsibility of the HUD approving official. Subpart CGeneral Policy: Decision Points 50.16 Decision points for policy actions. 50.17 Decision points for
4、projects. Subpart DGeneral Policy: Environmental Review Procedures 50.18 General. 50.19 Categorical exclusions not subject to the Federal laws and authorities cited in 50.4. 50.20 Categorical exclusions subject to the Federal laws and authorities cited in 50.4. 50.21 Aggregation. 50.22 Environmental
5、 management and mon-itoring. 50.23 Public participation. 50.24 HUD review of another agencys EIS. Subpart EEnvironmental Assessments and Related Reviews 50.31 The EA. 50.32 Responsibility for environmental proc-essing. 50.33 Action resulting from the assessment. 50.34 Time delays for exceptional cir
6、-cumstances. 50.35 Use of prior environmental assess-ments. 50.36 Updating of environmental reviews. Subpart FEnvironmental Impact Statements 50.41 EIS policy. 50.42 Cases when an EIS is required. 50.43 Emergencies. AUTHORITY: 42 U.S.C. 3535(d) and 4332; and Executive Order 11991, 3 CFR, 1977 Comp.,
7、 p. 123. SOURCE: 61 FR 50916, Sept. 27, 1996, unless otherwise noted. Subpart AGeneral: Federal Laws and Authorities 50.1 Purpose, authority, and applica-bility. (a) This part implements the policies of the National Environmental Policy Act (NEPA) and other environmental requirements (as specified i
8、n 50.4). (b) NEPA (42 U.S.C. 4321 et seq.), es-tablishes 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, 19661970 Comp., p. 902) as amended by Executive Order 11991 of May 24,
9、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 15001508 establish the basic procedural requirements for com-pliance with NEPA. These procedures are to be followed by all Federa
10、l agen-cies 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 15001508 and regula-tions that implement authorities cited at 50.4. (d) These regulat
11、ions 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 5
12、8 claims the lack of legal capacity to assume the Sec-retarys environmental review respon-sibilities and the claim is approved by VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for Resale
13、No reproduction or networking permitted without license from IHS-,-,-349 Office of the Secretary, HUD 50.3 HUD or when HUD determines to con-duct an environmental review itself in place of a nonrecipient responsible en-tity. For programs, activities or ac-tions not specifically identified or when th
14、ere are questions regarding the applicability of this part, the Assistant Secretary for Community Planning and Development shall be consulted. 50.2 Terms and abbreviations. (a) The definitions for most of the key terms or phrases contained in this part appear in 40 CFR part 1508 and in the authoriti
15、es cited in 50.4. The following definitions also apply to this part: Environmental review means a process for complying with NEPA (through an EA or EIS) and/or with the laws and authorities cited in 50.4. HUD approving official means the HUD official authorized to make the approval decision for any
16、proposed pol-icy or project subject to this part. Project means an activity, or a group of integrally-related activities, under-taken directly by HUD or proposed for HUD assistance or insurance. (b) The following abbreviations are used throughout this part: AS/CPDAssistant Secretary for Community Pl
17、anning and Develop-ment. CEQCouncil on Environmental Quality EAEnvironmental Assessment EISEnvironmental Impact State-ment FONSIFinding of No Significant Impact HUDDepartment of Housing and Urban Development NEPANational Environmental Pol-icy Act NOI/EISNotice of Intent to Prepare an Environmental I
18、mpact Statement 50.3 Environmental policy. (a) It is the policy of the Department to reject proposals which have signifi-cant adverse environmental impacts and to encourage the modification of projects in order to enhance environ-mental quality and minimize environ-mental harm. (b) The HUD approving
19、 official shall consider environmental and other De-partmental objectives in the decision-making process. (c) When EAs or EISs or reviews under 50.4 reveal conditions or safe-guards that should be implemented once a proposal is approved in order to protect and enhance environmental quality or minimi
20、ze adverse environ-mental impacts, such conditions or safeguards must be included in agree-ments or other relevant documents. (d) A systematic, interdisciplinary approach shall be used to assure the in-tegrated use of the natural and social sciences and the environmental design arts in making decisi
21、ons. (e) Environmental impacts shall be evaluated on as comprehensive a scale as is practicable. (f) HUD offices shall begin the envi-ronmental review process at the ear-liest possible time so that potential conflicts between program procedures and environmental requirements are identified at an ear
22、ly stage. (g) Applicants for HUD assistance shall be advised of environmental re-quirements and consultation with gov-ernmental agencies and individuals shall take place at the earliest time feasible. (h) For HUD grant programs in which the funding approval for an applicants program must occur befor
23、e the appli-cants selection of properties, the ap-plication shall contain an assurance that the applicant agrees to assist HUD to comply with this part and that the applicant shall: (1) Supply HUD with all available, relevant information necessary for HUD to perform for each property any environment
24、al review required by this part; (2) Carry out mitigating measures re-quired by HUD or select alternate eligi-ble property; and (3) Not acquire, rehabilitate, convert, lease, repair or construct property, nor commit or expend HUD or local funds for these program activities with re-spect to any eligi
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