1、15 Office of the Secretary, HUD 761.10 PART 761DRUG ELIMINATION PROGRAMS Subpart AGeneral Sec. 761.1 Purpose and scope. 761.5 Public housing; encouragement of resi-dent participation. 761.10 Definitions. Subpart BGrant Funding 761.13 Amount of funding. 761.15 Qualifying for funding. 761.17 Eligible
2、and ineligible activities for funding. Subpart CApplication and Selection 761.20 Selection requirements. 761.21 Plan requirement. 761.23 Grantee performance requirements. 761.25 Resident comments on grant applica-tion. Subpart DGrant Administration 761.30 Grant administration. 761.35 Periodic grante
3、e reports. 761.40 Other Federal requirements. AUTHORITY: 42 U.S.C. 3535(d) and 11901 et seq. EDITORIAL NOTE: Nomenclature changes to part 761 appear at 64 FR 49917, Sept. 14, 1999. SOURCE: 61 FR 13987, Mar. 28, 1996, unless otherwise noted. Subpart AGeneral 761.1 Purpose and scope. This part 761 con
4、tains the regulatory requirements for the Assisted Housing Drug Elimination Program (AHDEP) and the Public Housing Drug Elimi-nation Program (PHDEP). The pur-poses of these programs are to: (a) Eliminate drug-related and vio-lent crime and problems associated with it in and around the premises of Fe
5、derally assisted low-income housing, and public and Indian housing develop-ments; (b) Encourage owners of Federally as-sisted low-income housing, public hous-ing agencies and Indian housing au-thorities (collectively referred to as HAs), and resident management cor-porations to develop a plan that i
6、n-cludes initiatives that can be sustained over a period of several years for ad-dressing drug-related and violent crime and problems associated with it in and around the premises of housing pro-posed for funding under this part; and (c) Make available Federal grants to help owners of Federally assi
7、sted low- income housing, HAs, and RMCs carry out their plans. 61 FR 13987, Mar. 28, 1996, as amended at 64 FR 49917, Sept. 14, 1999 761.5 Public housing; encouragement of resident participation. For the purposes of the Public Hous-ing Drug Elimination Program, the elimination of drug-related and vi
8、olent crime within public housing develop-ments requires the active involvement and commitment of public housing residents and their organizations. To enhance the ability of PHAs to combat drug-related and violent crime within their developments, Resident Councils (RCs), Resident Management Corpora-
9、tions (RMCs), and Resident Organiza-tions (ROs) will be permitted to under-take management functions specified in this part, notwithstanding the oth-erwise applicable requirements of part 964 of this title. 64 FR 49917, Sept. 14, 1999 761.10 Definitions. The definitions Department, HUD, and Public H
10、ousing Agency (PHA) are de-fined in part 5 of this title. Controlled substance shall have the meaning provided in section 102 of the Controlled Substance Act (21 U.S.C. 802). Drug intervention means a process to identify assisted housing or public housing resident drug users, to assist them in modif
11、ying their behavior, and/ or to refer them to drug treatment to reduce or eliminate drug abuse. Drug prevention means a process to provide goods and services designed to alter factors, including activities, envi-ronmental influences, risks, and expec-tations, that lead to drug abuse. Drug-related an
12、d violent crime shall have the meaning provided in 42 U.S.C. 11905(2). Drug treatment means a program for the residents of an applicants develop-ment that strives to end drug abuse and to eliminate its negative effects VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00025 Fmt 8010 Sfmt 80
13、10 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-16 24 CFR Ch. VII (4111 Edition) 761.10 through rehabilitation and relapse pre-vention. Federally assisted low-income housing, or assisted housi
14、ng, shall have the meaning provided in 42 U.S.C. 11905(4). However, sections 221(d)(3) and 221(d)(4) market rate projects with tenant-based assistance contracts and section 8 projects with tenant-based assistance are not considered federally assisted low-income housing and are not eligi-ble for fund
15、ing under this part 761. Governmental jurisdiction means the unit of general local government, State, or area of operation of an Indian tribe in which the housing development administered by the applicant is lo-cated. In and around means within, or adja-cent to, the physical boundaries of a housing
16、development. Indian tribe means any tribe, band, pueblo, group, community, or nation of Indians, or Alaska Natives. Local law enforcement agency means a police department, sheriffs office, or other entity of the governmental juris-diction that has law enforcement re-sponsibilities for the community
17、at large, including the housing develop-ments owned or administered by the applicant. In Indian jurisdictions, this includes tribal prosecutors that assume law enforcement functions analogous to a police department or the Bureau of Indian Affairs (BIA). More than one law enforcement agency may have
18、these responsibilities for the jurisdic-tion that includes the applicants de-velopments. Problems associated with drug-related and violent crime means the negative physical, social, educational, and eco-nomic impact of drug-related and vio-lent crime on assisted housing resi-dents or public and Indi
19、an housing resi-dents, and the deterioration of the as-sisted housing or public and Indian housing environment because of drug- related and violent crime. Program income means gross income received by a grantee and directly gen-erated from the use of program funds. When program income is generated b
20、y an activity only partially assisted with program funds, the income shall be prorated to reflect the percentage of program funds used. Recipient of assistance under the Native American Housing Assistance and Self- Determination Act of 1996 (NAHASDA re-cipient) shall have the same meaning as recipie
21、nt provided in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.). Resident council (RC), for purposes of the Public Housing Program, means an incorporated or unincorporated non-profit organization or association that meets each of the fol
22、lowing require-ments: (1) It must be representative of the residents it purports to represent; (2) It may represent residents in more than one development or in all of the developments of a HA, but it must fairly represent residents from each de-velopment that it represents; (3) It must adopt writte
23、n procedures providing for the election of specific of-ficers on a regular basis (but at least once every three years); and (4) It must have a democratically elected governing board. The voting membership of the board must consist of residents of the development or de-velopments that the resident or
24、ganiza-tion or resident council represents. Resident Management Corporation (RMC), for purposes of the Public Hous-ing Program, means the entity that proposes to enter into, or that enters into, a management contract with a PHA under part 964 of this title in ac-cordance with the requirements of tha
25、t part. State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puer-to Rico, any territory or possession of the United States, or any agency or in-strumentality of a State exclusive of local governments. The term does not include any public or India
26、n housing agency under the United States Hous-ing Act of 1937 (42 U.S.C. 1437 note). Unit of general local government means any city, county, town, municipality, township, parish, village, local public authority (including any public or In-dian housing agency under the United States Housing Act of 1
27、937) or other general purpose political subdivision of a State. 61 FR 13987, Mar. 28, 1996, as amended at 64 FR 49918, Sept. 14, 1999 VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for Resa
28、leNo reproduction or networking permitted without license from IHS-,-,-17 Office of the Secretary, HUD 761.15 Subpart BGrant Funding 761.13 Amount of funding. (a) PHDEP formula funding(1) Fund-ing share formula(i) Per unit amount. Subject to the availability of funding, the amount of funding made av
29、ailable each FFY to an applicant that qualifies for funding in accordance with 761.15(a) is based upon the applicants share of the total number of units of all applicants that qualify for funding, with a maximum award of $35 million and a minimum award of $25,000, except that qualified applicants wi
30、th less than 50 units will not receive more than $500 per unit. (ii) Calculation of number of units. For purposes of determining the number of units counted for purposes of the PHDEP formula, HUD shall count as one unit each existing rental and Sec-tion 23 bond-financed unit under the ACC. Units tha
31、t are added to a PHAs inventory will be added to the overall unit count so long as the units are under ACC amendment and have reached DOFA by the date HUD estab-lishes for the Federal Fiscal Year in which the PHDEP formula is being run (hereafter called the reporting date). Any such increase in unit
32、s shall result in an adjustment upwards in the num-ber of units under the PHDEP formula. New units reaching DOFA after this date will be counted for PHDEP for-mula purposes as of the following Fed-eral Fiscal Year. Federalized units that are eligible for operating subsidy will be counted for PHDEP f
33、ormula pur-poses based on the unit count reflected on the PHAs most recently approved Operating Budget (Form HUD52564) and/or subsidy calculation (Form HUD 52723), or successor form submitted for that program. Units approved for dem-olition/disposition continue to be counted for PHDEP formula fundin
34、g purposes until actual demolition/dis-position of the unit. (2) Consortium funding. The amount of funding made available to a consor-tium will be the total of the amounts that each individual member would otherwise qualify to receive under the PHDEP funding formula in accordance with paragraph (a)(
35、1) of this section. (3) Adjustments to funding. The amount of funding made available each FFY to an applicant in accordance with paragraphs (a)(1) and (a)(2) of this section may be adjusted as follows: (i) An applicant must submit a PHDEP plan that meets the require-ments of 761.21, as required by 7
36、61.15(a)(5), each FFY year to receive that FFYs funding. An applicant that does not submit a PHDEP plan for a FFY as required will not receive that FFYs funding. (ii) Ineligible activities, described at 761.17(b), are not eligible for funding. Activities proposed for funding in an applicants PHDEP p
37、lan that are deter-mined to be ineligible will not be fund-ed, and the applicants funding for that FFY may be reduced accordingly. (iii) In accordance with 761.15(a)(6), an applicant that does not meet the performance requirements of 761.23 will be subject to the sanctions listed in 761.30(f)(2). (i
38、v) Both the amount of and con-tinuing eligibility for funding is sub-ject to the sanctions in 761.30(f). (v) Any amounts that become avail-able because of adjustments to an ap-plicants funding will be distributed to every other applicant that qualifies for funding in accordance with paragraphs (a)(1
39、) and (a)(2) of this section. (b) AHDEP funding. Information con-cerning funding made available under AHDEP for a given FFY will be con-tained in Notices of Funding Avail-ability (NOFAs) published in the FED-ERAL REGISTER. 64 FR 49918, Sept. 14, 1999 761.15 Qualifying for funding. (a) Qualifications
40、 for PHDEP funding (1) Eligible applicants. The following are eligible applicants for PHDEP funding: (i) A PHA; (ii) An RMC; and (iii) A consortium of PHAs. (2) Preference PHAs. A PHA that suc-cessfully competed for PHDEP funding under at least one of the PHDEP NOFAs for FFY 1996, FFY 1997 or FFY 19
41、98 qualifies to receive PHDEP fund-ing. (3) Needs qualification for funding. An eligible applicant that does not qualify to receive PHDEP funding under para-graph (a)(2) of this section must be in one of the following needs categories to qualify for funding: VerDate Mar2010 10:07 May 20, 2011 Jkt 22
42、3080 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-18 24 CFR Ch. VII (4111 Edition) 761.17 (i) The eligible applicant must be in the top 50% of the unit-we
43、ighted dis-tribution of an index of a rolling aver-age rate of violent crimes of the com-munity, as computed for each Federal Fiscal Year (FFY). The crime rate used in this needs determination formula is the rate, from the most recent years feasible, of FBI violent crimes per 10,000 residents of the
44、 community (or communities). If this information is not available for a particular appli-cants community, HUD will use the average of data from recipients of a comparable State and size category of PHA (less than 500 units, 500 to 1249 units, and more than 1250 units). If fewer than five PHAs have d
45、ata for a given size category within a State, then the average of PHAs for a given size category within the census region will be used; or (ii) The eligible applicant must have qualified for PHDEP funding, by re-ceiving an application score of 70 or more points under any one of the PHDEP NOFAs for F
46、FY 1996, FFY 1997 or FFY 1998, but not have received an award because of the unavailability of funds. (4) Consortium of eligible applicants. Eligible applicants may join together and form a consortium to apply for funding, whether or not each member would individually qualify for PHDEP funding under
47、 paragraphs (a)(2) or (a)(3) of this section. The act of two or more eligible applicants joining to-gether to form a consortium, and iden-tifying related crime problems and eli-gible activities to address those prob-lems pursuant to a consortium PHDEP plan, qualifies the consortium for PHDEP funding
48、 of an amount as deter-mined under 761.13(a)(2). (5) PHDEP plan requirement. (i) PHAs. Except as provided in paragraph (a)(5)(ii), below, of this section, to re-ceive PHDEP funding, a PHA that qualifies to receive PHDEP funding for Federal Fiscal Year 2000 and beyond must include a PHDEP plan that m
49、eets the requirements of 761.21 with its PHA Plan submitted pursuant to part 903 of this title for each Federal Fiscal Year for which it qualifies for funding. (ii) To receive PHDEP funding, a PHA that qualifies to receive PHDEP funding and is operating under an exe-cuted Moving To Work (MTW) agree-ment with HUD must submit a PHDEP plan that meets the requirements of 761.21 with its required MTW plan for each Federal Fiscal Year for w
