(a) Before reaching the decision points described in Sec. 55.10(a), HUD (for Department-administered programs) or the responsible entity (for HUD financial assistance subject to 24 CFR part 58) shall determine whether Executive Order 11988, Executive Order 11990, and this part apply to the proposed action.
(b) If Executive Order 11988 or Executive Order 11990 and this part apply, the approval of a proposed action or initial commitment shall be made in accordance with this part. The primary purpose of Executive Order 11988 is ``to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.'' The primary purpose of Executive Order 11990 is ``to avoid to the extent possible the long and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.''
(c) The following table indicates the applicability, by location and type of action, of the decisionmaking process for implementing Executive Order 11988 and Executive Order 11990 under subpart C of this part.
TABLE 1----------------------------------------------------------------------------------------------------------------
Type of proposed action
-------------------------------------------------------------------------------
Type of proposed action (new Wetlands or 100- Nonwetlands area
reviewable action or an year floodplain outside of the 100-
amendment) \1\ Floodways Coastal high outside coastal year and within
hazard areas high hazard area the 500-year
and floodways floodplain----------------------------------------------------------------------------------------------------------------Critical Actions as defined in Critical actions Critical actions Allowed if the Allowed if the
Sec. 55.12(b)(2). not allowed. not allowed. proposed critical proposed critical
action is action is
processed under processed under
Sec. 55.20.\2\ Sec. 55.20.\2\Noncritical actions not excluded Allowed only if Allowed only if Allowed if Any noncritical
under Sec. 55.12(b) or (c). the proposed non- the proposed proposed action is allowed
critical action noncritical noncritical without
is a functionally action is action is processing under
dependent use and processed under processed under this part.
processed under Sec. 55.20 \2\ Sec. 55.20.\2\
Sec. 55.20.\2\ and is (1) a
functionally
dependent use,
(2) existing
construction
(including
improvements), or
(3)
reconstruction
following
destruction
caused by a
disaster. If the
action is not a
functionally
dependent use,
the action must
be designed for
location in a
Coastal High
Hazard Area under
Sec. 55.1(c)(3).----------------------------------------------------------------------------------------------------------------\1\ Under Executive Order 11990, the decisionmaking process in Sec. 55.20 only applies to Federal assistance
for new construction in wetlands locations.\2\ Or those paragraphs of Sec. 55.20 that are applicable to an action listed in Sec. 55.12(a). [78 FR 68730, Nov. 15, 2013]