1、377 Office of the Secretary, HUD 55.1 (2) The Secretary has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not fea-sible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point o
2、f con-tact is presumed to have received writ-ten notification 5 days after the date of mailing of such notification. 52.11 What are the Secretarys obliga-tions in interstate situations? (a) The Secretary is responsible for (1) Identifying proposed Federal fi-nancial assistance and direct Federal dev
3、elopment that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select the Departments program or activity. (3) Making efforts to identify and no-tify the affected state, areawide, re-gional, and local officials and
4、entities in those states that have not adopted a process under the Order or do not se-lect the Departments program or ac-tivity; (4) Responding pursuant to 52.10 of this part if the Secretary receives a recommendation from a designated areawide agency transmitted by a sin-gle point of contact, in ca
5、ses in which review, coordination, and communica-tion with the Department have been delegated. (b) The Secretary uses the procedures in 52.10 if a state process provides a state process recommendation to the Department through a single point of contact. 52.12 Reserved PART 55FLOODPLAIN MANAGEMENT Su
6、bpart AGeneral Sec. 55.1 Purpose and basic responsibility. 55.2 Terminology. 55.3 Assignment of responsibilities. Subpart BApplication of Executive Order on Floodplain Management 55.10 Environmental review procedures under 24 CFR parts 50 and 58. 55.11 Applicability of subpart C decision making proc
7、ess. 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed actions. Subpart CProcedures for Making Deter-minations on Floodplain Management 55.20 Decision making process. 55.21 Notification of floodplain hazard. 55.22 Conveyance restrictions for the dis-position of multifamily re
8、al property. 55.23 Reserved 55.24 Aggregation. 55.25 Areawide compliance. 55.26 Adoption of another agencys review under the executive orders. 55.27 Documentation. AUTHORITY: 42 U.S.C. 3535(d) and 40014128; E.O. 11988, 42 FR 26951, 3 CFR, 1977 Comp., p. 117. SOURCE: 59 FR 19107, Apr. 21, 1994, unles
9、s otherwise noted. Subpart AGeneral 55.1 Purpose and basic responsi-bility. (a) This part implements the require-ments of Executive Order 11988, Flood-plain Management, and employs the principles of the Unified National Pro-gram for Floodplain Management. It covers the proposed acquisition, con-stru
10、ction, improvement, disposition, fi-nancing and use of properties located in a floodplain for which approval is re-quired either from HUD under any ap-plicable HUD program or from a grant recipient subject to 24 CFR part 58. This part does not prohibit approval of such actions (except for certain ac
11、tions in high hazard areas), but provides a consistent means for implementing the Departments interpretation of the ex-ecutive order in the project approval decision making processes of HUD and of grant recipients subject to 24 CFR part 58. The implementation of Execu-tive Order 11988 under this par
12、t shall be conducted by HUD, for Department-ad-ministered programs subject to envi-ronmental review under 24 CFR part 50, and by authorized recipients of HUD fi-nancial assistance subject to environ-mental review under 24 CFR part 58. (b) Under section 202(a) of the Flood Disaster Protection Act of
13、1973, 42 U.S.C. 4106(a), proposed HUD financial assistance (including mortgage insur-ance) for acquisition or construction VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00387 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo repr
14、oduction or networking permitted without license from IHS-,-,-378 24 CFR Subtitle A (4111 Edition) 55.2 purposes in any area having special flood hazards (a flood zone designated by the Federal Emergency Manage-ment Agency (FEMA) shall not be ap-proved in communities identified by FEMA as eligible f
15、or flood insurance but which are not participating in the National Flood Insurance Program. This prohibition only applies to pro-posed HUD financial assistance in a FEMA-designated area of special flood hazard one year after the community has been formally notified by FEMA of the designation of the
16、affected area. This prohibition is not applicable to HUD financial assistance in the form of formula grants to states, including fi-nancial assistance under the State-ad-ministered CDBG Program (24 CFR part 570, subpart I) and the State-ad-ministered Rental Rehabilitation Pro-gram (24 CFR 511.51), E
17、mergency Shel-ter Grant amounts allocated to States (24 CFR parts 575 and 576), and HOME funds provided to a state under Title II of the Cranston-Gonzalez National Af-fordable Housing Act (42 U.S.C. 12701 12839). (c) Except with respect to actions listed in 55.12(c), no HUD financial as-sistance (in
18、cluding mortgage insur-ance) may be approved after May 23, 1994 with respect to: (1) Any action, other than a function-ally dependent use, located in a floodway; (2) Any critical action located in a coastal high hazard area; or (3) Any non-critical action located in a coastal high hazard area, unles
19、s the action is designed for location in a coastal high hazard area or is a func-tionally dependent use. An action will be considered to be designed for loca-tion in a coastal high hazard area if: (i) In the case of new construction or substantial improvement, the work meets the current standards fo
20、r V zones in FEMA regulations (44 CFR 60.3(e) and, if applicable, the Minimum Property Standards for such construc-tion in 24 CFR 200.926d(c)(4)(iii); or (ii) In the case of existing construc-tion (including any minor improve-ments): (A) The work met FEMA elevation and construction standards for a c
21、oast-al high hazard area (or if such a zone or such standards were not designated, the 100-year floodplain) applicable at the time the original improvements were constructed; or (B) If the original improvements were constructed before FEMA stand-ards for the 100-year floodplain became effective or b
22、efore FEMA designated the location of the action as within the 100-year floodplain, the work would meet at least the earliest FEMA stand-ards for construction in the 100-year floodplain. 55.2 Terminology. (a) With the exception of those terms defined in paragraph (b) of this section, the terms used
23、in this part shall follow the definitions contained in section 6 of Executive Order 11988 and in the Flood-plain Management Guidelines for Im-plementing Executive Order 11988 (43 FR 6030, February 10, 1978) issued by the Water Resources Council; and the terms criteria and Regular Pro-gram, shall fol
24、low the definitions con-tained in FEMA regulations at 44 CFR 59.1. (b) The definitions of the following terms in Executive Order 11988 and re-lated documents affecting this part are modified for purposes of this part: (1) Coastal high hazard area means the area subject to high velocity waters, inclu
25、ding but not limited to hurricane wave wash or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) under FEMA regulations as Zone V130, VE, or V. (FIRMs as well as Flood Hazard Boundary Maps (FHBM) shall also be relied on for the delineation of 100-year floodplains (55.2(b)(8), 500
26、-year floodplains (55.2(b)(3), and floodways (55.2(b)(4). (2)(i) Critical action means any activ-ity for which even a slight chance of flooding would be too great, because such flooding might result in loss of life, injury to persons, or damage to property. Critical actions include ac-tivities that
27、create, maintain or extend the useful life of those structures or fa-cilities that: (A) Produce, use or store highly vola-tile, flammable, explosive, toxic or water-reactive materials; (B) Provide essential and irreplace-able records or utility or emergency VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223
28、077 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-379 Office of the Secretary, HUD 55.3 services that may become lost or inop-erative during flood and st
29、orm events (e.g., data storage centers, generating plants, principal utility lines, emer-gency operations centers including fire and police stations, and roadways pro-viding sole egress from flood-prone areas); or (C) Are likely to contain occupants who may not be sufficiently mobile to avoid loss o
30、f life or injury during flood or storm events, e.g., persons who re-side in hospitals, nursing homes, con-valescent homes, intermediate care fa-cilities, board and care facilities, and retirement service centers. Housing for independent living for the elderly is not considered a critical action. (ii
31、) Critical actions shall not be ap-proved in floodways or coastal high hazard areas. (3) 500-year floodplain means the min-imum floodplain of concern for Critical Actions and is the area subject to inun-dation from a flood having a 0.2 percent chance of occurring in any given year. (See 55.2(b)(1) f
32、or appropriate data sources.) (4) Floodway means that portion of the floodplain which is effective in car-rying flow, where the flood hazard is generally the greatest, and where water depths and velocities are the highest. The term floodway as used here is consistent with regulatory floodways as ide
33、ntified by FEMA. (See 55.2(b)(1) for appropriate data sources.) (5) Functionally dependent use means a land use that must necessarily be conducted in close proximity to water (e.g., a dam, marina, port facility, water-front park, and many types of bridges). (6) High hazard area means a floodway or a
34、 coastal high hazard area. (7) 100-year floodplain means the floodplain of concern for this part and is the area subject to a one percent or greater chance of flooding in any given year. (See 55.2(b)(1) for appropriate data sources.) (8)(i) Substantial improvement means either: (A) Any repair, recon
35、struction, mod-ernization or improvement of a struc-ture, the cost of which equals or ex-ceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the dam-age occurred; or (B)
36、 Any repair, reconstruction, mod-ernization or improvement of a struc-ture that results in an increase of more than twenty percent in the number of dwelling units in a residential project or in the average peak number of cus-tomers and employees likely to be on- site at any one time for a commercial
37、 or industrial project. (ii) Substantial improvement may not be defined to include either: (A) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that is solely necessary to assure safe living conditions, or (B) Any altera
38、tion of a structure list-ed on the National Register of Histor-ical Places or on a State Inventory of Historic Places. (iii) Structural repairs, reconstruc-tion, or improvements not meeting this definition are considered minor im-provements. 55.3 Assignment of responsibilities. (a)(1) The Assistant
39、Secretary for Com-munity Planning and Development (CPD) shall oversee: (i) The Departments im-plementation of the order and this part in all HUD programs, and (ii) The implementation activities of HUD program managers and grant re-cipients for HUD financial assistance subject to 24 CFR part 58. (2)
40、In performing these responsibil-ities, the Assistant Secretary for CPD shall make pertinent policy determina-tions in cooperation with appropriate program offices and provide necessary assistance, training, publications, and procedural guidance. (b) Other HUD Assistant Secretaries, the General Couns
41、el, and the President of the Government National Mortgage Asso-ciation (GNMA) shall: (1) Ensure com-pliance with this part for all actions under their jurisdiction that are pro-posed to be conducted, supported, or permitted in a floodplain; (2) Ensure that actions approved by HUD or grant recipients
42、 are monitored and that any prescribed mitigation is implemented; VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS
43、-,-,-380 24 CFR Subtitle A (4111 Edition) 55.10 (3) Ensure that the offices under their jurisdiction have the technical resources to implement the require-ments of this part; and (4) Incorporate in departmental regu-lations, handbooks, and project and site standards those criteria, stand-ards, and p
44、rocedures necessary to com-ply with the requirements of this part. (c) Recipient Certifying Officer. In ac-cordance with section 9 of Executive Order 11988, Certifying Officers of grant recipients administering activities sub-ject to 24 CFR part 58 shall: (1) Comply with this part in carrying out HU
45、D-as-sisted programs, and (2) Monitor approved actions and en-sure that any prescribed mitigation is implemented. Subpart BApplication of Execu-tive Order on Floodplain Man-agement 55.10 Environmental review proce-dures under 24 CFR parts 50 and 58. (a) Where an environmental review is required unde
46、r the National Environ-mental Policy Act of 1969 (NEPA), 42 U.S.C. 4332, and 24 CFR part 50 or part 58, compliance with this part shall be completed before the completion of an environmental assessment (EA) includ-ing a finding of no significant environ-mental impact (FONSI), or an environ-mental im
47、pact statement (EIS), in ac-cordance with the decision points list-ed in 24 CFR 50.17 (a) through (h), or be-fore the preparation of an EA under 24 CFR 58.40 or an EIS under 24 CFR 58.36. For types of proposed actions that are categorically excluded from National Environmental Policy Act (NEPA) re-q
48、uirements under 24 CFR part 50 (or part 58), compliance with this part shall be completed before the Depart-ments initial (SAMA, conditional, etc.) approval (or the conditional com-mitment or approval by a grant recipi-ent subject to 24 CFR part 58) of pro-posed actions in a floodplain. (b) The cate
49、gorical exclusion of cer-tain proposed actions from environ-mental review requirements under NEPA and 24 CFR parts 50 and 58 (see 24 CFR 50.20 and 58.35) does not exclude those actions from compliance with this part. 55.11 Applicability of subpart C deci-sion making process. (a) Before reaching the decision points described in 55.10(a), HUD (for Department-administered programs) or the grant recipient (for
