[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR58.6]

[Page 399-400]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 58--ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES--Table of Contents
 
    Subpart A--Purpose, Legal Authority, Federal Laws and Authorities
 
Sec. 58.6  Other requirements.

    In addition to the duties under the laws and authorities specified 
in Sec. 58.5 for assumption by the responsible entity under the laws 
cited in Sec. 58.1(b), the responsible entity must comply with the 
following requirements. Applicability of the following requirements does 
not trigger the certification and release of funds procedure under this 
part or preclude exemption of an activity under Sec. 58.34(a)(12) and/or 
the applicability of Sec. 58.35(b). However, the responsible entity 
remains responsible for addressing the following requirements in its ERR 
and meeting these requirements, where applicable, regardless of whether 
the activity is exempt under Sec. 58.34 or categorically excluded under 
Sec. 58.35(a) or (b).
    (a)(1) Under the Flood Disaster Protection Act of 1973, as amended 
(42 U.S.C. 4001-4128), Federal financial assistance for acquisition and 
construction purposes (including rehabilitation) may not be used in an 
area identified by the Federal Emergency Management Agency (FEMA) as 
having special flood hazards, unless:
    (i) The community in which the area is situated is participating in 
the National Flood Insurance Program (see 44 CFR parts 59 through 79), 
or less than one year has passed since the FEMA notification regarding 
such hazards; and
    (ii) Where the community is participating in the National Flood 
Insurance Program, flood insurance protection is to be obtained as a 
condition of the approval of financial assistance to the property owner.
    (2) Where the community is participating in the National Flood 
Insurance Program and the recipient provides financial assistance for 
acquisition or construction purposes (including rehabilitation) for 
property located in an area identified by FEMA as having special flood 
hazards, the responsible entity is responsible for assuring that flood 
insurance under the National Flood Insurance Program is obtained and 
maintained.
    (3) Paragraph (a) of this section does not apply to Federal formula 
grants made to a State.
    (b) Under section 582 of the National Flood Insurance Reform Act of 
1994, 42 U.S.C. 5154a, HUD disaster assistance that is made available in 
a special flood hazard area may not be used to make a payment (including 
any loan assistance payment) to a person for repair, replacement or 
restoration for flood damage to any personal, residential or commercial 
property if:
    (1) The person had previously received Federal flood disaster 
assistance conditioned on obtaining and maintaining flood insurance; and
    (2) The person failed to obtain and maintain flood insurance.
    (c) Pursuant to the Coastal Barrier Resources Act, as amended by the 
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501), HUD assistance 
may not be used for most activities

[[Page 400]]

proposed in the Coastal Barrier Resources System.
    (d) In all cases involving HUD assistance, subsidy, or insurance for 
the purchase or sale of an existing property in a Runway Clear Zone or 
Clear Zone, as defined in 24 CFR part 51, the responsible entity shall 
advise the buyer that the property is in a runway clear zone or clear 
zone, what the implications of such a location are, and that there is a 
possibility that the property may, at a later date, be acquired by the 
airport operator. The buyer must sign a statement acknowledging receipt 
of this information.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15271, Mar. 30, 1998]