---
kind: "section"
citation: "24 C.F.R. § 55.26"
title: "24"
number: "55.26"
heading: "Adoption of another agency's review under the Executive orders."
url: "https://uscodex.org/cfr/24/55.26"
---

# §55.26. Adoption of another agency's review under the Executive orders.


If a proposed action covered under this part is already covered in a prior review performed under Executive Order 11988 or Executive Order 11990 by another agency, including HUD or a different responsible entity, that review may be adopted by HUD or by a responsible entity authorized under [24 CFR part 58](/cfr/24/part58.md) without further public notice, provided that:

- (a) There is no pending litigation relating to the other agency's review for floodplain management or wetland protection;
- (b) **The adopting agency makes a finding that—**
  - (1) The action currently proposed has not substantially changed in project description, scope, and magnitude from the action previously reviewed by the other agency; and
  - (2) There has been no material change in circumstances since the previous review was conducted; and
- (c) HUD assistance must be conditioned on mitigation measures prescribed in the previous review.

## Notes

### Amendments

[59 FR 19107, Apr. 21, 1994, as amended at78 FR 68734, Nov. 15, 2013; 89 FR 30913, Apr. 23, 2024]

### Authority

Authority: 42 U.S.C. 3535(d), 4001-4128, and 5154a; 42 U.S.C. 4321 et seq.; E.O. 13690, 80 FR 6425; Pub. L. 93-234, 87 Stat. 975; E.O. 11988, 42 FR 26951, 3 CFR, 1977 Comp., p. 117; E.O. 11990, 42 FR 26961, 3 CFR, 1977 Comp., p 121.

### Source

Source: 59 FR 19107, Apr. 21, 1994, unless otherwise noted.

### Amendments

[59 FR 19107, Apr. 21, 1994, as amended at78 FR 68734, Nov. 15, 2013; 89 FR 30913, Apr. 23, 2024]