The related federal laws in a HUD environmental review

A responsible entity that reviews a project assisted by the Department of Housing and Urban Development (HUD) under 24 CFR part 58 answers for more than the National Environmental Policy Act (NEPA). Section 58.5 lists the other federal laws and authorities by subject, from historic properties to environmental justice. Section 58.6 adds requirements on flood insurance, coastal barriers and runway clear zones that hold even for an exempt activity. A Phase I Environmental Site Assessment (ESA) bears on one item in the list.

Who the rule binds

The responsible entity takes on HUD's duties under the laws 58.5 lists and must certify that it has complied with them. It must also comply with 58.6, and its environmental review record (ERR) must document compliance with both sections (24 CFR 58.5, 58.6, 58.38(a)(3)).
Which activities. The 58.5 list does not apply to an exempt activity, or to a categorical exclusion of 58.35(b) unless extraordinary circumstances bring the whole part back (24 CFR 58.34(a), 58.35(b), (c)). The 58.6 requirements apply to every activity, where applicable (24 CFR 58.6).
HUD's own reviews. Part 50's counterpart list also names flood insurance, the Coastal Barrier Resources Act, water quality and solid waste management (24 CFR 50.4).

What it asks

Section 58.5, by subject:

Historic properties. The National Historic Preservation Act of 1966, particularly sections 106 and 110; Executive Order 11593, "Protection and Enhancement of the Cultural Environment", particularly section 2(c); 36 CFR part 800, or part 801 for Urban Development Action Grants; and "The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974", particularly section 3 (24 CFR 58.5(a)).
Floodplain management and wetland protection. Executive Order 11988 on floodplain management (amended by Executive Order 13690), particularly section 2(a), and Executive Order 11990 on wetlands, particularly sections 2 and 5, each through HUD's regulations at 24 CFR part 55 (24 CFR 58.5(b)).
Coastal zone management. Section 307(c) and (d), in particular, of the Coastal Zone Management Act of 1972 (24 CFR 58.5(c)).
Sole source aquifers. Section 1424(e), in particular, of the Safe Drinking Water Act of 1974, and the Environmental Protection Agency's sole source aquifer regulation, 40 CFR part 149 (24 CFR 58.5(d)).
Endangered species. Section 7, in particular, of the Endangered Species Act of 1973 (24 CFR 58.5(e)).
Wild and scenic rivers. Section 7(b) and (c), in particular, of the 1968 Wild and Scenic Rivers Act (24 CFR 58.5(f)).
Air quality. The Clean Air Act, particularly section 176(c) and (d), and the Environmental Protection Agency's rules on "Determining Conformity of Federal Actions to State or Federal Implementation Plans", 40 CFR parts 6, 51 and 93 (24 CFR 58.5(g)).
Farmlands protection. Sections 1540(b) and 1541, in particular, of the Farmland Protection Policy Act of 1981, and the Department of Agriculture's farmland protection policy at 7 CFR part 658 (24 CFR 58.5(h)).
HUD environmental standards. The applicable criteria and standards of 24 CFR part 51, less the runway clear zone notice that 58.6 states, and HUD's policy that property proposed for its programs be free of contamination and three other named hazards where a hazard could affect occupants or the intended use (24 CFR 58.5(i)). See the contamination policy.
Environmental justice. Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations" (24 CFR 58.5(j)).

Section 58.6:

Flood insurance. By the Flood Disaster Protection Act of 1973, federal financial assistance for acquisition and construction, rehabilitation included, "may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless" the community takes part in the National Flood Insurance Program or FEMA's notification came less than one year ago, and, where the community takes part, flood insurance is a condition of approving the assistance (24 CFR 58.6(a)(1)). The responsible entity is then responsible for assuring that the insurance "is obtained and maintained" (24 CFR 58.6(a)(2)). The paragraph "does not apply to Federal formula grants made to a State", and self-insurance meets it only as law authorizes for state-owned projects in approved states (24 CFR 58.6(a)(3), (4)).
Flood disaster assistance. By section 582 of the 1994 National Flood Insurance Reform Act, HUD disaster assistance offered in a special flood hazard area "may not be used to make a payment (including any loan assistance payment) to a person" to repair, replace or restore flood-damaged property if that person had received federal flood disaster assistance on condition of getting and keeping flood insurance, and did not (24 CFR 58.6(b)).
Coastal barriers. By the Coastal Barrier Resources Act, "HUD assistance may not be used for most activities proposed in the Coastal Barrier Resources System" (24 CFR 58.6(c)). The text does not say which activities are excepted.
Runway clear zones. Where HUD assistance, subsidy or insurance goes to buying or selling existing property inside a Runway Clear Zone or a Clear Zone, the responsible entity "shall advise the buyer" that the property is in the zone, what that implies, and that the airport operator may later acquire it. The buyer must acknowledge receipt in a signed statement (24 CFR 58.6(d)).

What it means for the Phase I and the consultant

The Phase I bears on one item. ASTM E1527-21 says it does not address federal laws apart from the all appropriate inquiries provisions (E1527-21, 1.1.4). Its content bears on the contamination policy in 58.5(i)(2), which turns on previous uses and evidence of contamination.
On the standard's non-scope list are cultural and historic resources, ecological resources, endangered species and wetlands. None is required, and each may be added by agreement with the user (E1527-21, 4.4, 13.1.2, 13.1.5).
The decisive facts come from other sources. For 58.6 they are FEMA's identification of special flood hazard areas, the community's standing in the flood insurance program, and the property's place in the Coastal Barrier Resources System or a runway clear zone. None is among the standard's required government records (E1527-21, 8.2.2, Table 2).
What 58.5 leaves out. It names each statute, order and regulation without restating it or saying whether it is still in force; the responsible entity must consider each one's own criteria and standards (24 CFR 58.5).

What the rule says

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 § 58.34 or categorically excluded under § 58.35(a) or (b).

24 CFR 58.6, edition revised as of April 1, 2025

This page is general reference for environmental professionals. It does not review any project. The regulation is the authority, and the determinations of HUD or of the entity responsible for the review govern.