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Electronic Code of Federal Regulations

e-CFR data is current as of February 20, 2020

Title 24Subtitle APart 50 → Subpart C


Title 24: Housing and Urban Development
PART 50—PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY


Subpart C—General Policy: Decision Points


Contents
§50.16   Decision points for policy actions.
§50.17   Decision points for projects.

§50.16   Decision points for policy actions.

Either an EA and FONSI or an EIS on all policy actions not meeting the criteria of §50.19 shall be completed prior to the approval action. Policy actions include all proposed Federal Register policy documents and other policy-related Federal actions (40 CFR 1508.18). The decision as to whether a proposed policy action is categorically excluded from an EA shall be made by the Program Environmental Clearance Officer (PECO) in Headquarters as early as possible. Where the PECO has any doubt as to whether a proposed action qualifies for exclusion, the PECO shall request a determination by the AS/CPD. The EA and FONSI may be combined into a single document.

§50.17   Decision points for projects.

Either an EA and FONSI or an EIS for individual projects shall be completed before the applicable program decision points below for projects not meeting the criteria of §50.20. Compliance with applicable authorities cited in §50.4 shall be completed before the applicable program decision points below unless the project meets the criteria for exclusion under §50.19.

(a) New Construction. (1) Project mortgage insurance or other financial assistance for multifamily housing projects (including sections 202 and 811), nursing homes, hospitals, group practice facilities and manufactured home parks: Issuance of Site Appraisal and Market Analysis (SAMA) Letter or initial equivalent indication of HUD approval of a specific site;

(2) Public Housing: HUD approval of the proposal.

(3) Loan Guarantee Recovery Fund Program (24 CFR part 573). HUD issuance of a letter of commitment or initial equivalent indication of HUD approval.

(b) Rehabilitation projects. Use the decision points under “new construction” for HUD programs cited in paragraph (a) of this section; otherwise the decision point is the HUD project approval.

(c) Public housing modernization programs. HUD approval of the modernization grants.

(d) Property Disposition. Multifamily structures, college housing, nursing homes, manufactured homes and parks, group practice facilities, vacant land and one to four family structures: HUD approval of the Disposition Program.

(e) HUD programs subject to 24 CFR part 58. For cases in which HUD exercises environmental responsibility under this part where a recipient lacks legal capacity to do so or HUD determines to do so in place of a nonrecipient responsible entity under 24 CFR part 58 (see §50.1(d)), the decision point is: HUD's execution of an agreement or contract, whichever comes first, or in the case of Section 8 Project-Based Certificate Assistance and Moderate Rehabilitation, HUD notification to the Public Housing Agency to proceed with execution of an Agreement to Enter into Housing Assistance Payments (HAP) Contract.

(f) Section 50.3(h). Notwithstanding the other paragraphs of this section, the decision point for grant programs in which HUD approval of funding for an applicant's program must occur before the applicant's selection of properties for use in its program is: HUD approval of specific properties.

(g) Stewart B. McKinney Homeless Assistance Act Programs. Where the recipients are nonprofit organizations or governmental entities with special or limited purpose powers, the decision point is: HUD project approval.

(h) Programs not specifically covered in this section. Consult with the AS/CPD for decision points.

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