National Environmental Policy Act (NEPA)

Every HUD-assisted project must be in compliance with the National Environmental Policy Act of 1969 (NEPA), HUD’s implementing regulations at 24 CFR Part 58, and other related Federal and State environmental laws. Pursuant to 42 USC § 5304(g)(1) and 24 CFR § 58.4, the State of Nebraska assumes the responsibility for Environmental Reviews, decision-making, and actions that would otherwise be carried out by HUD under NEPA and other statutes. 

There are two (2) fundamental aspects of NEPA: 

• Public Participation: The public must be informed about the project before it begins. 

• Limitation on Activities Before Environmental Clearance: The RE for the project must obtain Environmental Clearance prior to proceeding with the project.

The State of Nebraska’s Department of Economic Development’s (DED) National Environmental Policy Act Policies and Procedures (if this link is broken, please search for the file here) outlines how to conduct environmental reviews for projects made available through CDBG-DR funds to ensure compliance with the following Federal requirements:

• Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 CFR Part 58); 

• Federal Register Notice from February 9, 2018 (83 FR 5844); 

• Federal Register Notice from January 27, 2020 (85 FR 4681); and

• Community Development Block Grants (24 CFR Part 570).

Want to Learn More? 

Refer to the National Environmental Policy Act Policies and Procedures for further guidance related to this cross-cutting requirement.  

The State of Nebraska’s Action Plan (if this link is broken, please search for the file here) further articulates requirements and programmatic structures that apply to all CDBG-DR programs. For more information on the Environmental Review Process, see HUD resources: 

• Overview: Environmental Review 

• Training: Basics of a Part 58 Environmental Review for HUD-Assisted Projects Webinar

• Orientation to Environmental Reviews

Nebraska Department of Economic and Development 

DED is responsible for ensuring that the Environmental Review is completed for each project. The Risk Awareness Planning Program and the Housing Resiliency Planning Program are exempt from the NEPA Environmental Review.

Subrecipients and Successful Applicants

To meet Federal requirements, Subrecipients and Successful Applicants must complete (or work with DED to complete) the Environmental Review process before DED obligates funds to the project. 

• A qualified Responsible Entity (RE) responsible for conducting an Environmental Review must be identified for each project; 

• The RE must prepare and maintain a written record of Environmental Review undertaken for each project to be assisted with CDBG-DR funds; and 

• Some Subrecipients, such as non-profit organizations, and other Successful Applicants may not qualify as a RE but can partner with a local government organization that can perform the RE role.