1、230 24 CFR Ch. V (4110 Edition) 576.67 576.67 Sanctions. (a) HUD sanctions. If HUD determines that a grantee is not complying with the requirements of this part or of other applicable Federal law, HUD may (in addition to any remedies that may otherwise be available) take any of the following sanctio
2、ns, as appropriate: (1) Issue a warning letter that further failure to comply with such require-ments will result in a more serious sanction; (2) Condition a future grant; (3) Direct the grantee to stop the in-curring of costs with grant amounts; (4) Require that some or all of the grant amounts be
3、remitted to HUD; (5) Reduce the level of funds the grantee would otherwise be entitled to receive; or (6) Elect not to provide future grant funds to the grantee until appropriate actions are taken to ensure compli-ance. (b) State sanctions. If a State deter-mines that a State recipient is not comply
4、ing with the requirements of this part or other applicable Federal laws, the State must take appropriate actions, which may include the actions described in paragraph (a) of this sec-tion. Any grant amounts that become available to a State as a result of a sanction under this section must, at the op
5、tion of the State, be made avail-able (as soon as practicable) to other nonprofit organizations or units of gen-eral local government located in the State for use within the time periods specified in 576.35(a)(2), or to HUD for reallocation under 576.45(d). (c) Reallocations. Any grant amounts that
6、become available to HUD as a re-sult of the imposition of a sanction under this section will be reallocated under 576.45(d). 54 FR 46799, Nov. 7, 1989. Redesignated and amended at 61 FR 51553, Oct. 2, 1996 PART 581USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOME-LESS Sec. 581.1 Definitions. 581.2 App
7、licability. 581.3 Collecting the information. 581.4 Suitability determination. 581.5 Real property reported excess to GSA. 581.6 Suitability criteria. 581.7 Determination of availability. 581.8 Public notice of determination. 581.9 Application process. 581.10 Action on approved applications. 581.11
8、Unsuitable properties. 581.12 No applications approved. 581.13 Waivers. AUTHORITY: 42 U.S.C. 11411 note; 42 U.S.C. 3535(d). SOURCE: 56 FR 23794, 23795, May 24, 1991, un-less otherwise noted. 581.1 Definitions. Applicant means any representative of the homeless which has submitted an application to t
9、he Department of Health and Human Services to obtain use of a particular suitable property to assist the homeless. Checklist or property checklist means the form developed by HUD for use by landholding agencies to report the in-formation to be used by HUD in mak-ing determinations of suitability. Cl
10、assification means a propertys des-ignation as unutilized, underutilized, excess, or surplus. Day means one calendar day includ-ing weekends and holidays. Eligible organization means a State, unit of local government or a private non-profit organization which provides assistance to the homeless, and
11、 which is authorized by its charter or by State law to enter into an agreement with the Federal government for use of real property for the purposes of this sub-part. Representatives of the homeless interested in receiving a deed for a par-ticular piece of surplus Federal prop-erty must be section 5
12、01(c)(3) tax ex-empt. Excess property means any property under the control of any Federal execu-tive agency that is not required for the agencys needs or the discharge of its responsibilities, as determined by the head of the agency pursuant to 40 U.S.C. 483. GSA means the General Services Ad-minist
13、ration. HHS means the Department of Health and Human Services. Homeless means: (1) An individual or family that lacks a fixed, regular, and adequate night-time residence; and (2) An individual or family that has a primary nighttime residence that is: VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO
14、00000 Frm 00240 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-,-,-231 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 581.1 (i) A supervised publicly or privately oper
15、ated shelter designed to provide temporary living accommodations (in-cluding welfare hotels, congregate shelters, and transitional housing for the mentally ill); (ii) An institution that provides a temporary residence for individuals in-tended to be institutionalized; or (iii) A public or private pl
16、ace not de-signed for, or ordinarily used as, a reg-ular sleeping accommodation for human beings. This term does not in-clude any individual imprisoned or oth-erwise detained under an Act of the Congress or a State law. HUD means the Department of Hous-ing and Urban Development. ICH means the Intera
17、gency Council on the Homeless. Landholding agency means a Federal department or agency with statutory authority to control real property. Lease means an agreement between either the Department of Health and Human Services for surplus property, or landholding agencies in the case of non-excess proper
18、ties or properties sub-ject to the Base Closure and Realign-ment Act (Public Law 100526; 10 U.S.C. 2687), and the applicant, giving rise to the relationship of lessor and lessee for the use of Federal real property for a term of at least one year under the conditions set forth in the lease docu-ment
19、. Non-profit organization means an or-ganization no part of the net earnings of which inures to the benefit of any member, founder, contributor, or indi-vidual; that has a voluntary board; that has an accounting system or has designated an entity that will main-tain a functioning accounting system f
20、or the organization in accordance with generally accepted accounting proce-dures; and that practices non-discrimination in the provision of as-sistance. Permit means a license granted by a landholding agency to use unutilized or underutilized property for a specific amount of time under terms and co
21、ndi-tions determined by the landholding agency. Property means real property con-sisting of vacant land or buildings, or a portion thereof, that is excess, surplus, or designated as unutilized or underuti-lized in surveys by the heads of land-holding agencies conducted pursuant to section 202(b)(2)
22、of the Federal Prop-erty and Administrative Services Act of 1949 (40 U.S.C. 483(b)(2).) Regional homeless coordinator means a regional coordinator of the Interagency Council on the Homeless. Representative of the homeless means a State or local government agency, or private nonprofit organization wh
23、ich provides, or proposes to provide, serv-ices to the homeless. Screen means the process by which GSA surveys Federal agencies, or State, local and non-profit entities, to determine if any such entity has an in-terest in using excess Federal property to carry out a particular agency mis-sion or a s
24、pecific public use. State homeless coordinator means a state contact person designated by a state to receive and disseminate infor-mation and communications received from the Interagency Council on the Homeless in accordance with section 210(a) of the Stewart B. McKinney Act of 1987, as amended. Sui
25、table property means that HUD has determined that a particular property satisfies the criteria listed in 581.6. Surplus property means any excess real property not required by any Fed-eral landholding agency for its needs or the discharge of its responsibilities, as determined by the Administrator o
26、f GSA. Underutilized means an entire prop-erty or portion thereof, with or with-out improvements which is used only at irregular periods or intermittently by the accountable landholding agency for current program purposes of that agency, or which is used for current program purposes that can be sati
27、sfied with only a portion of the property. Unsuitable property means that HUD has determined that a particular prop-erty does not satisfy the criteria in 581.6. Unutilized property means an entire property or portion thereof, with or without improvements, not occupied for current program purposes fo
28、r the accountable executive agency or occu-pied in caretaker status only. VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without li
29、cense from IHS-,-,-232 24 CFR Ch. V (4110 Edition) 581.2 581.2 Applicability. (a) This part applies to Federal real property which has been designated by Federal landholding agencies as unuti-lized, underutilized, excess or surplus and is therefore subject to the provi-sions of title V of the McKinn
30、ey Act (42 U.S.C. 11411). (b) The following categories of prop-erties are not subject to this subpart (regardless of whether they may be un-utilized or underutilized). (1) Machinery and equipment. (2) Government-owned, contractor- operated machinery, equipment, land, and other facilities reported ex
31、cess for sale only to the using contractor and subject to a continuing military re-quirement. (3) Properties subject to special legis-lation directing a particular action. (4) Properties subject to a court order. (5) Property not subject to survey re-quirements of Executive Order 12512 (April 29, 19
32、85). (6) Mineral rights interests. (7) Air space interests. (8) Indian Reservation land subject to section 202(a)(2) of the Federal Prop-erty and Administrative Service Act of 1949, as amended. (9) Property interests subject to re-version. (10) Easements. (11) Property purchased in whole or in part
33、with Federal funds if title to the property is not held by a Federal landholding agency as defined in this part. 581.3 Collecting the information. (a) Canvass of landholding agencies. On a quarterly basis, HUD will canvass landholding agencies to collect infor-mation about property described as un-u
34、tilized, underutilized, excess, or sur-plus, in surveys conducted by the agen-cies under section 202 of the Federal Property and Administrative Services Act (40 U.S.C. 483), Executive Order 12512, and 41 CFR part 10147.800. Each canvass will collect information on properties not previously reported
35、and about property reported previously the status or classification of which has changed or for which any of the infor-mation reported on the property check-list has changed. (1) HUD will request descriptive in-formation on properties sufficient to make a reasonable determination, under the criteria
36、 described below, of the suitability of a property for use as a facility to assist the homeless. (2) HUD will direct landholding agen-cies to respond to requests for informa-tion within 25 days of receipt of such requests. (b) Agency annual report. By Decem-ber 31 of each year, each landholding agen
37、cy must notify HUD regarding the current availability status and classi-fication of each property controlled by the agency that: (1) Was included in a list of suitable properties published that year by HUD, and (2) Remains available for application for use to assist the homeless, or has become avail
38、able for application dur-ing that year. (c) GSA inventory. HUD will collect information, in the same manner as de-scribed in paragraph (a) of this section, from GSA regarding property that is in GSAs current inventory of excess or surplus property. (d) Change in status. If the informa-tion provided
39、on the property checklist changes subsequent to HUDs deter-mination of suitability, and the prop-erty remains unutilized, underutilized, excess or surplus, the landholding agency shall submit a revised property checklist in response to the next quar-terly canvass. HUD will make a new determination o
40、f suitability and, if it differs from the previous determina-tion, republish the property informa-tion in the FEDERAL REGISTER. For ex-ample, property determined unsuitable for national security concerns may no longer be subject to security restric-tions, or property determined suitable may subseque
41、ntly be found to be con-taminated. EFFECTIVE DATE NOTE: At 56 FR 23794, 23795, May 24, 1991, part 581 was added, effec-tive on May 24, 1991, except for 581.3 which will not become effective until approved by the District Court for the District of Colum-bia, pending further proceedings. 581.4 Suitabi
42、lity determination. (a) Suitability determination. Within 30 days after the receipt of information from landholding agencies regarding VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot
43、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-233 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 581.5 properties which were reported pursu-ant to the canvass described in 581.3(a), HUD will determine, under criteria set forth in 581.6, which prop-erties are sui
44、table for use as facilities to assist the homeless and report its determination to the landholding agen-cy. Properties that are under lease, contract, license, or agreement by which a Federal agency retains a real property interest or which are sched-uled to become unutilized or underuti-lized will
45、be reviewed for suitability no earlier than six months prior to the ex-pected date when the property will be-come unutilized or underutilized, ex-cept that properties subject to the Base Closure and Realignment Act may be reviewed up to eighteen months prior to the expected date when the property wi
46、ll become unutilized or underuti-lized. (b) Scope of suitability. HUD will de-termine the suitability of a property for use as a facility to assist the home-less without regard to any particular use. (c) Environmental information. HUD will evaluate the environmental infor-mation contained in propert
47、y check-lists forwarded to HUD by the land-holding agencies solely for the purpose of determining suitability of properties under the criteria in 581.6. (d) Written record of suitability deter-mination. HUD will assign an identifica-tion number to each property reviewed for suitability. HUD will mai
48、ntain a written public record of the following: (1) The suitability determination for a particular piece of property, and the reasons for that determination; and (2) The landholding agencys response to the determination pursuant to the requirements of 581.7(a). (e) Property determined unsuitable. Pr
49、operty that is reviewed by HUD under this section and that is deter-mined unsuitable for use to assist the homeless may not be made available for any other purpose for 20 days after publication in the FEDERAL REGISTER of a Notice of unsuitability to allow for review of the determination at the re-quest of a representative of the home-less. (f) Procedures for appealing unsuitability determinations. (1) To re-quest review of a determination of unsuitability, a re
