[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1003.600]



[Page 798-799]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1003_COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND ALASKA 

NATIVE VILLAGES--Table of Contents

 

                  Subpart G_Other Program Requirements

 

Sec.  1003.600  Faith-based activities.





    (a) Religious organizations are eligible, on the same basis as any 

other eligible organization, to participate in the ICDBG program. 

Neither the federal government nor a tribal government nor any other 

entity that administers any program or activity under this part shall 

discriminate against an organization on the basis of the organization's 

religious character or affiliation.

    (b) Organizations that receive direct HUD funds under the ICDBG 

program may not engage in inherently religious activities, such as 

worship, religious instruction, or proselytization, as part of the 

programs or services funded under this part. If an organization conducts 

such inherently religious activities, the inherently religious 

activities must be offered separately, in time or location, from the 

programs, activities or services supported by direct HUD funds under 

this part, and participation must be voluntary for the beneficiaries of 

the programs, activities, or services provided.

    (c) A religious organization that participates in the ICDBG program 

will retain its independence from federal, state, local, and tribal 

governments, and may continue to carry out its mission, including the 

definition, practice, and expression of its religious beliefs, provided 

that it does not engage in any inherently religious activities, such as 

worship, religious instruction, or proselytization, as part of the 

programs or services funded under a program or activity pursuant to this 

part. Among other things, religious organizations may use space in their 

facilities to provide ICDBG-funded services, without removing religious 

art, icons, scriptures, or other religious symbols. In addition, a 

religious organization participating in the ICDBG program retains its 

authority over its internal governance, and it may retain religious 

terms in its organization's name, select its board members on a 

religious basis, and include religious references in its organization's 

mission statements and other governing documents.

    (d) A religious organization's exemption from the federal 

prohibition on employment discrimination on the basis of religion, set 

forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 

2000e-1), is not forfeited when the organization participates in a HUD 

program. Some HUD programs, however, contain independent statutory 

provisions that impose certain nondiscrimination requirements on all 

grantees. Accordingly, grantees should consult with the appropriate HUD 

program office to determine the scope of applicable requirements.

    (e) An organization that receives direct funds under the ICDBG 

program shall not, in providing program assistance, discriminate against 

a program beneficiary or prospective program beneficiary on the basis of 

religion or religious belief.

    (f) ICDBG funds may not be used for the acquisition, construction, 

or rehabilitation of structures to the extent that those structures are 

used for inherently religious activities. ICDBG funds may be used for 

the acquisition, construction, or rehabilitation of structures only to 

the extent that those structures are used for conducting eligible 

activities under this part. Where a structure is used for both eligible 

and inherently religious activities, ICDBG funds may not exceed the cost 

of those portions of the acquisition, construction, or rehabilitation 

that are attributable to eligible activities in accordance with the cost 

accounting requirements applicable to ICDBG funds in this part. 

Sanctuaries, chapels, or other rooms that an ICDBG-funded religious 

congregation



[[Page 799]]



uses as its principal place of worship, however, are ineligible for 

ICDBG-funded improvements. Disposition of real property after the term 

of the grant, or any change in use of the property during the term of 

the grant, is subject to governmentwide regulations governing real 

property disposition (see 24 CFR parts 84 and 85).

    (g) If a tribal government voluntarily contributes its own funds to 

supplement federally funded activities, the tribal government has the 

option to segregate the federal funds or commingle them. However, if the 

funds are commingled, this section applies to all of the commingled 

funds. Further, if a state or local government is required to contribute 

matching funds to supplement a federally funded activity, the matching 

funds are considered commingled with the federal assistance and 

therefore subject to the requirements of this section. Some HUD programs 

requirements govern any project or activity assisted under those 

programs. Accordingly, grantees should consult with the appropriate HUD 

program office to determine the scope of applicable requirements.



[69 FR 62169, Oct. 22, 2004]