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HUD/HUDSEC

RIN: 2501-AD51

Publication ID: Fall 2011

Title: Floodplain Management and Protection of Wetlands (FR-5423)
Abstract: This rule would propose procedures to implement Executive Order 11990, entitled "Protection of Wetlands," the purpose of which is to minimize the destruction, loss, or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands. The rule will propose to clarify and streamline procedures to avoid the long- and short-term adverse impacts associated with the destruction of wetlands. The procedures would apply to HUD, Indian tribes, States, and local governments before making decisions to approve an action that would affect floodplains and wetlands. The proposal would allow the Army Corp of Engineers' enforcement of section 404 of the Clean Water Act, when applicable, to be used in place of the Executive Order 11990 process to eliminate duplication of reviews and minimize unnecessary delays. The rule will propose several other changes to HUD's regulations that govern floodplain management, including expanding use of a shortened decisionmaking process for HUD and grantees when considering the impact on floodplains in connection with minor rehabilitation projects or the repair of existing structures. Specifically, the rule would propose to authorize the use of the abbreviated process for all of HUD's rehabilitation programs, not just for repairs financed under its mortgage insurance programs. Finally, the rule would also allow activities that restore and preserve natural and beneficial functions of floodplains and wetlands to avoid the decisionmaking process. These activities include the establishment of parks and green spaces.
Agency: Department of Housing and Urban Development(HUD)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 24 CFR 50 24 CFR 51 24 CFR 55 24 CFR 58 24 CFR 91
Legal Authority: 42 USC 3535(d) 42 USC 3001, et seq, EO 11990 EO 11988

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Jerimiah Sanders Environmental Review Division, Office of Community Planning and Development Department of Housing and Urban Development 451 7th Street SW., Washington, DC 20410 Phone:202 402-4571