24 CFR 58.5 - Related Federal laws and authorities.

§ 58.5 Related Federal laws and authorities.

In accordance with the provisions of law cited in § 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. 470et 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. 469et 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-making process in 24 CFR part 55 and this part, see § 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, as interpreted in HUD regulations at 24 CFR part 55, particularly sections 2 and 5 of the order.

(c)Coastal Zone Management. The Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451et 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. 1531et 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. 1271et 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. 7401et. 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. 4201et 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 § 51.303(a)(3).


(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; 78 FR 68734, Nov. 15, 2013]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
Presidential Documents

Executive Order ... 11514

Executive Order ... 11991

Title 24 published on 2015-08-22

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 24 CFR Part 58 after this date.

  • 2016-10-28; vol. 81 # 209 - Friday, October 28, 2016
    1. 81 FR 74967 - Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard
      GPO FDSys XML | Text
      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Community Planning and Development, HUD
      Proposed rule.
      Comment Due Date: December 27, 2016.
      24 CFR Parts 50, 55, 58, and 200

Title 24 published on 2015-08-22.

No entries appear in the Federal Register after this date, for 24 CFR Part 58.