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 without further public notice, provided that:

1. (a) There is no pending litigation relating to the other agency's review for floodplain management or wetland protection;

2. (b) The adopting agency makes a finding that:

   1. (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. (2) There has been no material change in circumstances since the previous review was conducted; and
3. (c) HUD assistance must be conditioned on mitigation measures prescribed in the previous review.

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