HUD Environmental Regulations

HUD Environmental Regulations

24 CFR Part 50: Protection and Enhancement of Environmental Quality

This is HUD's basic regulation that implements the National Environmental Policy Act (NEPA), the regulations of the Council on Environmental Quality (CEQ), and other related Federal environmental laws and authorities. It applies to environmental reviews performed by HUD.

24 CFR Part 51: Environmental Criteria and Standards

This regulation provides environmental standards for determining project acceptability and necessary measures to insure that activities assisted by HUD achieve the goal of a suitable living environment. The environmental criteria include noise abatement and control and the siting of HUD-assisted projects near hazardous operations including explosives, flammables, runway clear zones at civil airports, and accident potential zones at military airfields.

24 CFR Part 55: Floodplain Management and Wetlands Protection

This is HUD's regulations that implements the executive order on development in floodplains.

78 FR 68719 - Floodplain Management and Protection of Wetlands: On 11/15/2013, HUD published a new rule on the regulations governing the protection of wetlands and floodplains. With respect to wetlands, the rule codifies existing procedures for Executive Order 11990, Protection of Wetlands. 24 CFR Part 55 previously did not cover wetlands protection. The 2013 updates to this regulation have not yet been published by the Government Printing Office.

24 CFR Part 58: Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities

The procedures outlined in this regulation are used by entities that assume HUD's environmental review responsibilities in determining program compliance with the intent of the National Environmental Policy Act (NEPA) and other related statutes. Applicable HUD programs under this regulation include only those in which a specific statute allows governing entities to assume the Federal responsibility.

National Environmental Policy Act

Federally funded projects must comply with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) It is implemented through Executive Order 11514 (3 CFR, 1966-1970 Comp., p. 902) as amended by Executive Order 11991 (3 CFR, 1977 Comp., p. 123) and the implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508).

Assumption Authorizations under 58.1(b)

The following provisions of law, referenced at 58.1(b), authorize state, local, and Native American governments to assume HUD's environmental review responsibilities. These governments perform environmental reviews as the responsible entity and are responsible for decision-making and action that would otherwise apply to HUD under the National Environmental Policy Act (NEPA) and other provisions of laws that further the purposes of NEPA as specified in 58.5. The charts below cite the laws and the HUD programs to which they applies. Only these HUD programs are authorized to use environmental regulations at 24 CFR part 58 - Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities.

Law HUD Programs

Section 104(g) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g))

  • Community Development Block Grants (Entitlement)
  • Community Development Block Grants (for States and Small Cities Section 108 Loan Guarantees)
  • Community Development Block Grants for Indian Tribes and Alaska Native Villages
  • Economic Development Initiative Grants
  • Brownfields Economic Development Initiative Grants

Section 443 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11402)

  • Emergency Shelter Grants
  • Shelter Plus Care Grants
  • Supportive Housing Grants
  • Section 8 Moderate Rehabilitation Single Room
  • Occupancy for Homeless Individuals

Section 288 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12838)

  • HOME Investment Partnerships Grants

Section 1011(o) of the Housing and Community Development Act of 1992 (42 U.S.C. 4852(o))

  • Grants to State and local governments for lead-based paint hazard control

Section 26 of the United States Housing Act of 1937 (42 U.S.C. 1437x)

  • Public Housing Assistance (Capital Improvements)
  • HOPE VI Revitalization Grants
  • HOPE VI Demolition Grants
  • Capital Fund Grants
  • Mixed Finance Assistance
  • Section 202 Conversions
  • Section 8 (except the Section 8 special allocation program)
  • Section 8 Program for Disposition of HUD-owned projects

Section 305 of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547)

  • Special Project Grants

Section 542(c)(9) of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note)

  • FHA Multifamily Housing Finance Agency Pilot Program

Section 11(m) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note)

  • Self-Help Homeownership Opportunity Program

Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115)

  • Native American Housing Block Grants

Section 184(k) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(k))

  • Native American Housing Loan Guarantees

Section 806 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4226)

  • Native Hawaiian Housing Block Grants

Section 207(c) of the FY 1999 Department of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act (Pub. L. 108-276)

  • Grants for Housing Opportunities for Persons with AIDS

Related Federal Laws and Authorities

Listings under 24 CFR 50.4 and 58.6

Issue Laws, Authorities, and Regulations

Airport Hazards

24 CFR Part 51, Subpart D

Coastal Barrier Resources

Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501)

Flood Insurance

Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 and 42 U.S.C. 4106)

National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a)

Listings under 24 CFR 50.4 and 58.5

Subjects Laws, Authorities, and Regulations

Air Quality

The Clean Air Act (42 U.S.C. 7401 et seq.) as amended, particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d))

Determining conformity of General Federal Actions to State or Federal Implementation Plans - 40 CFR parts 651, and 93

Coastal Zone Management 

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq) as amended, particularly section 307(c) and (d)

Contamination and Toxic Substances

24 CFR 50.3(i) & 58.5(i)(2) 

Floodplain Management

Executive Order 11988, Floodplain Management

24 CFR Part 55

Endangered Species

The Endangered Species Act of 1973 (16 U.S.C. 1531) et seq. as amended, particularly section 7 (16 U.S.C. 1536)

Explosive and Flammable Hazards (Above-Ground Storage Tanks)

24 CFR Part 51, Subpart C

Farmlands Protection

Department of Agriculture - 7 CFR part 658

Historic Preservation

The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et seq.), particularly sections 106 and 110 (16 U.S.C. 470f and 470h-2)

Advisory Council on Historic Preservation - 36 CFR Part 800

Executive Order 11593, Protection and Enhancement of the Cultural Environment

The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.), particularly section 3 (16 U.S.C. 469a-1)

Noise Abatement and Control

Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978

24 CFR Part 51, Subpart B 

Sole Source Aquifers 

The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended, particularly section 1424(e) (42 U.S.C. 300h-3(e))

Environmental Protection Agency - 40 CFR Part 149

Wetlands Protection

Executive Order 11990, Protection of Wetlands

24 CFR Part 55

Wild and Scenic Rivers 

The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1531 et seq.) as amended, particularly section 7 (b) and (c) (16 U.S.C. 1278(b) and (c))

Environmental Justice 

Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations