Date Published: October 2012
All activities and actions receiving NSP funds must have some level of environmental review completed before NSP funds are committed and spent, including such activities as administrative costs and down payment assistance (Refer to 24 CFR 58.38). Therefore, all project partners are bound to not committing or spending any project funds, including non-NSP funds, until the environmental review is completed. However, there are a few actions for which non-NSP funds may be used that are not subject to environmental review (i.e., non-choice limiting actions). Non-choice limiting actions will not have an adverse impact or limit the choice of alternatives as a consequence of using those non-NSP funds, such as option agreements or conditional sales contracts (Refer to 24 CFR 58.22). By comparison, choice-limiting actions include acquisition, demolition, disposition, rehabilitation, repair, new construction, site preparation, and leasing or any other activities that commit to future activities. Part 58 regulations are found under Laws and Regulations posted on HUD's Environment website.