[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: 24CFR576.45]

[Page 218-220]
 
                 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. 576.45  Reallocation of grant amounts; returned or unused amounts.

    (a) General. From time to time, HUD will reallocate emergency 
shelter grant amounts that are returned or unused, as those terms are 
defined in paragraph (f) of this section. HUD will make reallocations 
under this section by direct notification or Federal Register Notice 
that will set forth the terms and conditions under which the grant 
amounts are to be reallocated and grant awards are to be made.

[[Page 219]]

    (b) FEMA boards. HUD may use State and local boards established 
under the Emergency Food and Shelter Program administered by the Federal 
Emergency Management Agency, as a resource to identify potential 
applicants for reallocated grant amounts.
    (c) Reallocation--returned grant amounts--(1) States and formula 
cities and counties. HUD will endeavor to reallocate returned emergency 
shelter grant amounts that were initially allocated under Sec. 576.5 to 
a State or a formula city or county, for use within the same 
jurisdiction. Reallocation of these grant amounts is subject to the 
following requirements:
    (i) Returned grant amounts that were allocated to a State will be 
made available (A) first, to units of general local government within 
the State and (B) if grant amounts remain, then to other States.
    (ii) Returned grant amounts that were allocated to a formula city or 
county will be made available:
    (A) First, for use in the city or county, to units of general local 
government that are authorized under applicable law to carry out 
activities serving the homeless in the jurisdiction;
    (B) If grant amounts remain, then to the State in which the city or 
county is located;
    (C) If grant amounts remain, to units of general local government in 
the State; and
    (D) If grant amounts remain, to other States.
    (2) Indian tribes. Returned grant amounts that were allocated to an 
Indian tribe will be made available to other Indian tribes.
    (3) Territories. Returned grant amounts that were allocated to a 
territory will be made available, first, to other territories and, if 
grant amounts remain, then to States.
    (4) Further reallocation: States, formula cities and counties, 
territories, and Indian tribes. HUD will reallocate under paragraph (e) 
of this section any grant amounts that remain after applying the 
preceding provisions of paragraph (c) of this section or that are 
returned to HUD after reallocation under those provisions.
    (5) The responsible HUD field office will announce the availability 
of returned grant amounts. The announcement will establish deadlines for 
submitting applications, and will set out other terms and conditions 
relating to grant awards, consistent with this part. The announcement 
will specify the application documents to be submitted.
    (6) The responsible HUD field office may establish maximum grant 
amounts, considering the grant amounts available, and will rank the 
applications using the criteria in paragraph (e) of this section.
    (7) 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, 
based on competing demands for grant amounts and the extent to which the 
respective activities address the needs of the homeless.
    (8) HUD will endeavor to make grant awards within 30 days of the 
application deadline or as soon thereafter as practicable.
    (9) Grants awarded under this section are subject to environmental 
review under Sec. 576.57.
    (d) Reallocation--unused grant amounts. Unused grant amounts will be 
added to the appropriation for the fiscal year immediately following the 
fiscal year in which the amounts become available to HUD for 
reallocation, and will be allocated in accordance with the provisions of 
Sec. 576.5 of this part.
    (e) Selection criteria. HUD will award grants under paragraph (c) of 
this section based on consideration of the following criteria:
    (1) The nature and extent of the unmet homeless need within the 
jurisdiction in which the grant amounts will be used;
    (2) The extent to which the proposed activities address this need; 
and
    (3) The ability of the grantee to carry out the proposed activities 
promptly.
    (f) Definitions--returned or unused grant amounts. (1) For purposes 
of this section, emergency shelter grant amounts are considered 
``returned'' when they become available for reallocation because a 
jurisdiction does not execute a grant agreement with HUD for them.

[[Page 220]]

    (2) For purposes of this section, emergency shelter grant amounts 
are considered ``unused'' (i.e., Federal deobligation):
    (i) When they become available for reallocation by HUD after a 
grantee has executed a grant agreement with HUD for those amounts; or
    (ii) The amounts remain after reallocation under Sec. 576.43 or 
paragraph (c) of this section.

[54 FR 46799, Nov. 7, 1989, as amended at 57 FR 54507, Nov. 19, 1992; 60 
FR 1918, Jan. 5, 1995. Redesignated and amended at 61 FR 51551, Oct. 2, 
1996]