[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR58.5]



[Page 412-413]

 

                 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.  58.5  Related Federal laws and authorities.



    In accordance with the provisions of law cited in Sec.  58.1(b), the 

responsible entity must assume responsibilities for environmental 

review, decision-making and action that would apply to HUD under the 

following specified laws and authorities. The responsible entity must 

certify that it has complied with the requirements that would apply to 

HUD under these laws and authorities and must consider the criteria, 

standards, policies and regulations of these laws and authorities.

    (a) Historic properties. (1) The National Historic Preservation Act 

of 1966 (16 U.S.C. 470 et seq.), particularly sections 106 and 110 (16 

U.S.C. 470 and 470h-2).

    (2) Executive Order 11593, Protection and Enhancement of the 

Cultural Environment, May 13, 1971 (36 FR 8921), 3 CFR 1971-1975 Comp., 

p. 559, particularly section 2(c).

    (3) Federal historic preservation regulations as follows:

    (i) 36 CFR part 800 with respect to HUD programs other than Urban 

Development Action Grants (UDAG); and

    (ii) 36 CFR part 801 with respect to UDAG.

    (4) The Reservoir Salvage Act of 1960 as amended by the 

Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et 

seq.), particularly section 3 (16 U.S.C. 469a-1).

    (b) Floodplain management and wetland protection. (1) Executive 

Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 

1977 Comp., p. 117, as interpreted in HUD regulations at 24 CFR part 55, 

particularly section 2(a) of the order (For an explanation of the 

relationship between the decision-



[[Page 413]]



making process in 24 CFR part 55 and this part, see Sec.  55.10 of this 

subtitle A.)

    (2) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 

FR 26961), 3 CFR, 1977 Comp., p. 121, particularly sections 2 and 5.

    (c) Coastal Zone Management. The Coastal Zone Management Act of 1972 

(16 U.S.C. 1451 et seq.), as amended, particularly section 307(c) and 

(d) (16 U.S.C. 1456(c) and (d)).

    (d) Sole source aquifers. (1) The Safe Drinking Water Act of 1974 

(42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended; 

particularly section 1424(e)(42 U.S.C. 300h-3(e)).

    (2) Sole Source Aquifers (Environmental Protection Agency--40 CFR 

part 149).

    (e) Endangered species. The Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.) as amended, particularly section 7 (16 U.S.C. 

1536).

    (f) Wild and scenic rivers. The Wild and Scenic Rivers Act of 1968 

(16 U.S.C. 1271 et seq.) as amended, particularly section 7(b) and (c) 

(16 U.S.C. 1278(b) and (c)).

    (g) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as 

amended; particularly section 176(c) and (d) (42 U.S.C. 7506(c) and 

(d)).

    (2) Determining Conformity of Federal Actions to State or Federal 

Implementation Plans (Environmental Protection Agency--40 CFR parts 6, 

51, and 93).

    (h) Farmlands protection. (1) Farmland Protection Policy Act of 1981 

(7 U.S.C. 4201 et seq.) particularly sections 1540(b) and 1541 (7 U.S.C. 

4201(b) and 4202).

    (2) Farmland Protection Policy (Department of Agriculture--7 CFR 

part 658).

    (i) HUD environmental standards. (1) Applicable criteria and 

standards specified in part 51 of this title, other than the runway 

clear zone notification requirement in Sec.  51.303(a)(3).

    (2)(i) Also, it is HUD policy that all properties that are being 

proposed for use in HUD programs be free of hazardous materials, 

contamination, toxic chemicals and gases, and radioactive substances, 

where a hazard could affect the health and safety of occupants or 

conflict with the intended utilization of the property.

    (ii) The environmental review of multifamily housing with five or 

more dwelling units (including leasing), or non-residential property, 

must include the evaluation of previous uses of the site or other 

evidence of contamination on or near the site, to ensure that the 

occupants of proposed sites are not adversely affected by any of the 

hazards listed in paragraph (i)(2)(i) of this section.

    (iii) Particular attention should be given to any proposed site on 

or in the general proximity of such areas as dumps, landfills, 

industrial sites, or other locations that contain, or may have 

contained, hazardous wastes.

    (iv) The responsible entity shall use current techniques by 

qualified professionals to undertake investigations determined 

necessary.

    (j) Environmental justice. Executive Order 12898--Federal Actions to 

Address Environmental Justice in Minority Populations and Low-Income 

Populations, February 11, 1994 (59 FR 7629), 3 CFR, 1994 Comp. p. 859.



[61 FR 19122, Apr. 30, 1996, as amended at 68 FR 56128, Sept. 29, 2003]