[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: 24CFR58.6]



[Page 413-414]

 

                 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:



[[Page 414]]



    (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 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]