24 C.F.R. § 58.77

Effect of approval of certification

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(a) Responsibilities of HUD and States. HUD's (or, where applicable, the State's) approval of the certification shall be deemed to satisfy the responsibilities of the Secretary under NEPA and related provisions of law cited at § 58.5 insofar as those responsibilities relate to the release of funds as authorized by the applicable provisions of law cited in § 58.1(b).

(b) Public and agency redress. Persons and agencies seeking redress in relation to environmental reviews covered by an approved certification shall deal with the responsible entity and not with HUD. It is HUD's policy to refer all inquiries and complaints to the responsible entity and its Certifying Officer. Similarly, the State (where applicable) may direct persons and agencies seeking redress in relation to environmental reviews covered by an approved certification to deal with the responsible entity, and not the State, and may refer inquiries and complaints to the responsible entity and its Certifying Officer. Remedies for noncompliance are set forth in program regulations.

(c) Implementation of environmental review decisions. Projects of a recipient will require post-review monitoring and other inspection and enforcement actions by the recipient and the State or HUD (using procedures provided for in program regulations) to assure that decisions adopted through the environmental review process are carried out during project development and implementation.

(d) Responsibility for monitoring and training. (1) At least once every three years, HUD intends to conduct in-depth monitoring and exercise quality control (through training and consultation) over the environmental activities performed by responsible entities under this part. Limited monitoring of these environmental activities will be conducted during each program monitoring site visit. If through limited or in-depth monitoring of these environmental activities or by other means, HUD becomes aware of any environmental deficiencies, HUD may take one or more of the following actions:

(i) In the case of problems found during limited monitoring, HUD may schedule in-depth monitoring at an earlier date or may schedule in-depth monitoring more frequently;

(ii) HUD may require attendance by staff of the responsible entity at HUD-sponsored or approved training, which will be provided periodically at various locations around the country;

(iii) HUD may refuse to accept the certifications of environmental compliance on subsequent grants;

(iv) HUD may suspend or terminate the responsible entity's assumption of the environmental review responsibility;

(v) HUD may initiate sanctions, corrective actions, or other remedies specified in program regulations or agreements or contracts with the recipient.

(2) HUD's responsibilities and action under paragraph (d)(1) of this section shall not be construed to limit or reduce any responsibility assumed by a responsible entity with respect to any particular release of funds under this part. Whether or not HUD takes action under paragraph (d)(1) of this section, the Certifying Officer remains the responsible Federal official under § 58.13 with respect to projects and activities for which the Certifying Officer has submitted a certification under this part.

Notes of Decisions

Cited in 7 cases, 1988–2020 · leading case: Tyler v. Cisneros

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Tyler v. Cisneros (1998) ca9 · cites it 2× “Title 24 C.F.R. § 58.77 (d) imposes monitoring obligations on federal agencies that delegate environmental review responsibilities (though the plaintiffs do not allege any failure to monitor on the part of HUD).”

Atlantic Terminal Urban Renewal Area Coalition v. New York City Department of Environmental Protection (1989) nysd “75 (c) and (d), the plaintiffs may seek “redress [from the grant applicant] in relation to environmental reviews covered by an approved certification,” 24 C.F.R. § 58.77 (a). Thus, even if HUD approves a grant for a project found not to conform to the Act, the applicant, not…”

Society Hill Towers Owners' Ass'n v. Rendell (1998) paed · cites it 2× “See 24 C.F.R. § 58.77 (b). 32 In other words, under the environmental delegation to the City permitted by the regulations, it became the City’s role to consider the objections on behalf of HUD.”

Atlantic Terminal Urban Renewal Area Coalition v. New York City Department of Environmental Protection (1988) nysd “Additionally, 24 C.F.R. § 58.77 (1988) (emphasis added), which is entitled “Effect of approval of certification,” provides that “[pjersons and agencies seeking redress in relation to environmental reviews covered by an approved certification shall deal with the recipient and not…”

SOCIETY HILL TOWERS OWNERS'ASS'N v. Rendell (1998) paed · cites it 2× “See 24 C.F.R. § 58.77 (b). [32] In other words, under the environmental delegation to the City permitted by the regulations, it became the City's role to consider the objections on behalf of HUD.”

Earth Island Institute v. Nash (2020) caed · cites it 2× “§ 5304 (g)(2); 24 C.F.R. § 58.77 (a). “Persons . . . seeking redress in relation to 25 environmental reviews covered by an approved certification shall deal with the responsible entity 26 and not with HUD.”

Atura Coalition v. Nyc Dept. of Env. Prot. (1988) nysd “Additionally, 24 C.F.R. § 58.77 (1988) (emphasis added), which is entitled "Effect of approval of certification," provides that "[p]ersons and agencies seeking redress in relation to environmental reviews covered by an approved certification shall deal with the recipient and not…”

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