1、217 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD Pt. 576 result of privately undertaken rehabili-tation, demolition, or acquisition of the real property, the term initiation of negotiations means the execution of the agreement between the grantee and the project sponsor. 574.635 Lead-based pai
2、nt. The Lead-Based Paint Poisoning Pre-vention Act (42 U.S.C. 48214846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 4856), and implementing regulations at part 35, subparts A, B, H, J, K, M, and R of this part apply to activities under this program. 64 FR 50226, Se
3、pt. 15, 1999 574.640 Flood insurance protection. No property to be assisted under this part may be located in an area that has been identified by the Federal Emer-gency Management Agency (FEMA) as having special flood hazards, unless: (a)(1) The community in which the area is situated is participati
4、ng in the National Flood Insurance Program and the regulations thereunder (44 CFR parts 59 through 79); or (2) Less than a year has passed since FEMA notification regarding such haz-ards; and (b) The grantee will ensure that flood insurance on the structure is obtained in compliance with section 102
5、(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.). 574.645 Coastal barriers. In accordance with the Coastal Bar-rier Resources Act, 16 U.S.C. 3501, no fi-nancial assistance under this part may be made available within the Coastal Barrier Resources System. 574.650 Audit. The f
6、inancial management system used by a State or unit of general local government that is a grantee must pro-vide for audits in accordance with 24 CFR part 44. A nonprofit organization that is a grantee or a project sponsor is subject to the audit requirements set forth in 24 CFR part 45. 574.655 Wage
7、rates. The provisions of the Davis-Bacon Act (40 U.S.C. 276a276a5) do not apply to this program, except where funds re-ceived under this part are combined with funds from other Federal pro-grams that are subject to the Act. 59 FR 17201, Apr. 11, 1994 PART 576EMERGENCY SHELTER GRANTS PROGRAM: STEWART
8、 B. McKINNEY HOMELESS ASSIST-ANCE ACT Subpart AGeneral Sec. 576.1 Applicability and purpose. 576.3 Definitions. 576.5 Allocation of grant amounts. Subpart BEligible Activities 576.21 Eligible activities. 576.23 Faith-based activities. 576.25 Who may carry out eligible activities. Subpart CAward and
9、Use of Grant Amounts 576.31 Application requirements. 576.33 Review and approval of applications. 576.35 Deadlines for using grant amounts. Subpart DReallocations 576.41 Reallocation; lack of approved con-solidated planformula cities and coun-ties. 576.43 Reallocation of grant amounts; lack of appro
10、ved consolidated planStates, territories, and Indian tribes. 576.45 Reallocation of grant amounts; re-turned or unused amounts. Subpart EProgram Requirements 576.51 Matching funds. 576.53 Use as an emergency shelter. 576.55 Building standards. 576.56 Homeless assistance and participa-tion. 576.57 Ot
11、her Federal requirements. 576.59 Relocation and acquisition. Subpart FGrant Administration 576.61 Responsibility for grant administra-tion. 576.63 Method of payment. 576.65 Recordkeeping. 576.67 Sanctions. AUTHORITY: 42 U.S.C. 3535(d) and 11376. SOURCE: 54 FR 46799, Nov. 7, 1989, unless otherwise no
12、ted. VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-218 24 CFR Ch. V (4110 Edition) 576.1 Subpart AGen
13、eral 576.1 Applicability and purpose. This part implements the Emergency Shelter Grants program contained in subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 1137111378). The program au-thorizes the Secretary to make grants to States, units of general local gov-er
14、nment, territories, and Indian tribes (and to private nonprofit organizations providing assistance to homeless indi-viduals in the case of grants made with reallocated amounts) for the rehabili-tation or conversion of buildings for use as emergency shelter for the home-less, for the payment of certa
15、in oper-ating expenses and essential services in connection with emergency shelters for the homeless, and for homeless preven-tion activities. The program is de-signed to be the first step in a con-tinuum of assistance to enable home-less individuals and families to move toward independent living as
16、 well as to prevent homelessness. 61 FR 51548, Oct. 2, 1996 576.3 Definitions. The terms Grantee and HUD are de-fined in 24 CFR part 5. Administrative costs means as the term is defined in 583.135(b) of this part, except that the exclusion relates to the costs of carrying out eligible ac-tivities un
17、der 576.21(a). Consolidated plan means the plan pre-pared in accordance with part 91 of this title. An approved consolidated plan means a consolidated plan that has been approved by HUD in accordance with part 91 of this title. Conversion means a change in the use of a building to an emergency shelt
18、er for the homeless under this part, where the cost of conversion and any rehabili-tation costs exceed 75 percent of the value of the building after conversion. Emergency shelter means any facility, the primary purpose of which is to pro-vide temporary or transitional shelter for the homeless in gen
19、eral or for spe-cific populations of the homeless. Essential services includes services concerned with employment, health, drug abuse, and education and may in-clude (but are not limited to): (1) Assistance in obtaining perma-nent housing. (2) Medical and psychological coun-seling and supervision. (
20、3) Employment counseling. (4) Nutritional counseling. (5) Substance abuse treatment and counseling. (6) Assistance in obtaining other Fed-eral, State, and local assistance includ-ing mental health benefits; employ-ment counseling; medical assistance; Veterans benefits; and income support assistance
21、such as Supplemental Secu-rity Income benefits, Aid to Families with Dependent Children, General As-sistance, and Food Stamps; (7) Other services such as child care, transportation, job placement and job training; and (8) Staff salaries necessary to provide the above services. Formula city or county
22、 means a metro-politan city or urban county that is el-igible to receive an allocation of grant amounts under 576.5. Homeless means as the term is defined in 42 U.S.C. 11302. Homeless prevention means activities or programs designed to prevent the in-cidence of homelessness, including (but not limit
23、ed to): (1) Short-term subsidies to defray rent and utility arrearages for families that have received eviction or utility termination notices; (2) Security deposits or first months rent to permit a homeless family to move into its own apartment; (3) Mediation programs for landlord- tenant disputes;
24、 (4) Legal services programs for the representation of indigent tenants in eviction proceedings; (5) Payments to prevent foreclosure on a home; and (6) Other innovative programs and activities designed to prevent the inci-dence of homelessness. Indian tribe means as the term is de-fined in 42 U.S.C.
25、 5302(a). Major rehabilitation means rehabilita-tion that involves costs in excess of 75 percent of the value of the building be-fore rehabilitation. Metropolitan city means a city that was classified as a metropolitan city under 42 U.S.C. 5302(a) for the fiscal year immediately preceding the fiscal
26、 VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-219 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
27、 576.21 year for which emergency shelter grant amounts are made available. Nonprofit recipient means any private nonprofit organization providing as-sistance to the homeless, to which a State or unit of general local govern-ment distributes emergency shelter grant amounts. Obligated means that the g
28、rantee or State recipient, as appropriate, has placed orders, awarded contracts, re-ceived services, or entered similar transactions that require payment from the grant amount. Grant amounts that a unit of general local government or State awards to a private nonprofit organization by a written agre
29、ement or letter of award requiring payment from the grant amount are obligated. Private nonprofit organization means as the term is defined in 42 U.S.C. 11371. Rehabilitation means the labor, mate-rials, tools, and other costs of improv-ing buildings, other than minor or rou-tine repairs. The term i
30、ncludes where the use of a building is changed to an emergency shelter and the cost of this change and any rehabilitation costs does not exceed 75 percent of the value of the building before the change in use. Renovation means rehabilitation that involves costs of 75 percent or less of the value of
31、the building before reha-bilitation. Responsible entity means as the term is defined in 58.2 of this title, as ap-plied though 58.1(b)(3) of this title and 576.57(e). State means each of the several States and the Commonwealth of Puer-to Rico. Territory means each of the following: the Virgin Island
32、s, Guam, American Samoa, the Northern Mariana Islands, Palau (Trust Territory of the Pacific), and any other territory or possession of the United States. State recipient means any unit of gen-eral local government or nonprofit or-ganization to which a State makes available emergency shelter grant a
33、mounts. Unit of general local government means any city, county, town, township, par-ish, village, or other general purpose political subdivision of a State. Urban county means a county that was classified as an urban county under 42 U.S.C. 5302(a) for the fiscal year immediately preceding the fisca
34、l year for which emergency shelter grant amounts are made available. Value of the building means the mone-tary value assigned to a building by an independent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient. 54 FR 46799, Nov. 7, 1989, as amended at
35、56 FR 56128, Oct. 31, 1991; 60 FR 1918, Jan. 5, 1995; 61 FR 5210, Feb. 9, 1996; 61 FR 51548, Oct. 2, 1996 576.5 Allocation of grant amounts. (a) Territories. HUD will set aside for allocation to the territories an amount equal to 0.2 percent of the total amount of each appropriation under this part
36、in any fiscal year. HUD will allocate this set-aside amount to each territory based upon its proportionate share of the total population of all ter-ritories. (b) States, metropolitan cities, urban counties, and Indian tribes. HUD will al-locate the amounts that remain after the set-aside to territor
37、ies under para-graph (a) of this section, to States, metropolitan cities, urban counties, and Indian tribes, as provided in 42 U.S.C. 11373. HUD will subsequently distribute the amount set aside for In-dian tribes under this paragraph as provided in 576.31. (c) Notification of allocation amount. HUD
38、 will notify in writing each State, metropolitan city, urban county, and territory that is eligible to receive an allocation under this section of the amount of its allocation. 61 FR 51549, Oct. 2, 1996 Subpart BEligible Activities 576.21 Eligible activities. (a) Eligible activities. Emergency shel-
39、ter grant amounts may be used for one or more of the following activities re-lating to emergency shelter for the homeless: (1) Renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless; (2) Provision of essential services to the homeless, subject to
40、the limita-tions in paragraph (b) of this section; VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-220
41、24 CFR Ch. V (4110 Edition) 576.23 (3) Payment for shelter maintenance, operation, rent, repairs, security, fuel, equipment, insurance, utilities, food, and furnishings. Not more than 10 per-cent of the grant amount may be used for costs of staff; (4) Developing and implementing homeless prevention
42、activities, subject to the limitations in 42 U.S.C. 11374(a)(4) and paragraph (c) of this sec-tion. Grant funds may be used under this paragraph to assist families that have received eviction notices or no-tices of termination of utility services only if the conditions stated in 42 U.S.C. 11374(a)(4
43、) are met; and (5) Administrative costs, in accord-ance with 42 U.S.C. 11378. (b) Limitations on provision of essential services. (1) Grant amounts provided by HUD to units of general local govern-ment, territories, or Indian tribes, and grant amounts provided by a State to State recipients, may be
44、used to pro-vide an essential service under para-graph (a)(2) of this section only if the service is a new service, or is a quan-tifiable increase in the level of a serv-ice above that which the unit of gen-eral local government (or, in the case of a nonprofit organization, the unit of general local
45、 government in which the proposed activities are to be located), territory, or Indian tribe, as applicable, provided with local funds during the 12 calendar months immediately before the grantee or State recipient received initial grant amounts. (2) Limits on the use of assistance for essential serv
46、ices established in 42 U.S.C. 11374(a)(2) are applicable even when the unit of local government, ter-ritory, or Indian tribe provides some or all of its grant funds to a nonprofit re-cipient. This limitation may be waived in accordance with 42 U.S.C. 11374. (c) Limitation on homeless prevention acti
47、vities. Limits on the use of assist-ance for homeless prevention activities established in 42 U.S.C. 11374(a)(4) are applicable even when the unit of local government, territory, or Indian tribe provides some or all of its grant funds to a nonprofit recipient. 61 FR 51549, Oct. 2, 1996 576.23 Faith-
48、based activities. (a) Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to par-ticipate in the Emergency Shelter Grants program. Neither the Federal government nor a State or local gov-ernment receiving funds under Emer-gency Shelter Grants pr
49、ograms shall discriminate against an organization on the basis of the organizations reli-gious character or affiliation. (b) Organizations that are directly funded under the Emergency Shelter Grants program may not engage in in-herently religious activities, such as worship, religious instruction, or pros-elytization as part of the programs or services funded under this part. If an organization conducts such activities, the activit
