[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR576.43]

[Page 218]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 576_EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY HOMELESS 
ASSISTANCE ACT--Table of Contents
 
                         Subpart D_Reallocations
 
Sec. 576.43  Reallocation of grant amounts; lack of approved consolidated 
plan--States, territories, and Indian tribes.

    (a) Applicability. This section applies when:
    (1) A State, territory, or Indian tribe fails to obtain approval of 
its consolidated plan within 90 days of the date upon which amounts 
under this part first become available for allocation in any fiscal 
year; or
    (2) Grant amounts cannot be reallocated to a State under Sec. 
576.41.
    (b) Grantees. (1) HUD will reallocate the amounts that a State or 
Indian tribe referred to in paragraph (a)(1) of this section would have 
received:
    (i) In accordance with 42 U.S.C. 11373(d)(3); and
    (ii) If grant amounts remain, then to territories that demonstrate 
extraordinary need or large numbers of homeless individuals.
    (2) HUD will make available the amounts that a territory under 
paragraph (a)(1) of this section would have received to other 
territories that demonstrate extraordinary need or large numbers of 
homeless individuals.
    (c) Notification of funding availability. HUD will make 
reallocations to States and Indian tribes under this section by direct 
notification or Federal Register notice that will set forth the terms 
and conditions under which amounts under this section are to be 
reallocated and grant awards made. In the case of reallocations to 
Territories, the responsible HUD field office will promptly notify each 
Territory of any reallocation amounts under this section, and indicate 
the terms and conditions under which reallocation amounts are to be made 
available and grant awards made.
    (d) Eligibility for reallocation amounts. In order to receive 
reallocation amounts under this section, the formula city or county, 
State, territory, or Indian tribe must:
    (1) Submit an amendment, in accordance with 24 CFR part 91, to its 
consolidated plan for that program year to cover activities for the 
reallocation amount it wishes to receive; and
    (2) Execute a grant agreement with HUD for the fiscal year for which 
the amounts to be reallocated were initially made available.
    (e) Review and approval. (1) Section 576.53, and such additional 
requirements as HUD may specify in the notification under paragraph (c) 
of this section, govern the review and approval of application 
amendments under this section. HUD will rank the amendments and make 
grant awards under this section on the basis of the following factors:
    (i) The nature and extent of the unmet homeless need within the 
jurisdiction in which the grant amounts will be used;
    (ii) The extent to which the proposed activities address this need; 
and
    (iii) The ability of the grantee to carry out the proposed 
activities promptly.
    (2) HUD will endeavor to make grant awards within 30 days of the 
application amendment deadline, or as soon thereafter as practicable.
    (f) Grant amounts. HUD may make a grant award for less than the 
amount applied for or for fewer than all of the activities identified in 
the application amendment.
    (g) Deadlines for using reallocated amounts. Section 576.35 governs 
the use of amounts reallocated under this section.
    (h) Amounts not reallocated. Any grant amounts that are not 
reallocated under this section, or that are reallocated, but are unused, 
will be reallocated under Sec. 576.45(d). Any amounts that are 
reallocated, but are returned, will be reallocated under Sec. 
576.45(c).

[54 FR 46799, Nov. 7, 1989, as amended at 56 FR 56129, Oct. 31, 1991; 60 
FR 1918, Jan. 5, 1995. Redesignated and amended at 61 FR 51551, Oct. 2, 
1996]