The court held that HUD's rubber stamping of the SHPO's determination that there were no eligible properties in the area violated NHPA and the Council's regulations. Moreover, the court found that although Section 104(h) of the Housing and Community Development Act (HCDA) permitted HUD to delegate its National Environmental Policy Act responsibilities to the city, the section did not authorize HUD to delegate its NHPA responsibilities. Slip op. at 5. [Ed. note: Congress clarified its intent to allow delegation of NHPA duties in the 1980 amendments to HCDA.]
Finally, the court denied defendants' request to require plaintiff to post a more substantial security bond. To require an organization of limited financial resources to post more than a minimal bond would "stifle the intent of NHPA." Id. at 6.
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