[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR135.3]



[Page 722-723]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 135_ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS

--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  135.3  Applicability.



    (a) Section 3 covered assistance. Section 3 applies to the following 

HUD assistance (section 3 covered assistance):

    (1) Public and Indian housing assistance. Section 3 applies to 

training, employment, contracting and other economic opportunities 

arising from the expenditure of the following public and Indian housing 

assistance:

    (i) Development assistance provided pursuant to section 5 of the 

U.S. Housing Act of 1937 (1937 Act);

    (ii) Operating assistance provided pursuant to section 9 of the 1937 

Act; and



[[Page 723]]



    (iii) Modernization assistance provided pursuant to section 14 of 

the 1937 Act;

    (2) Housing and community development assistance. Section 3 applies 

to training, employment, contracting and other economic opportunities 

arising in connection with the expenditure of housing assistance 

(including section 8 assistance, and including other housing assistance 

not administered by the Assistant Secretary of Housing) and community 

development assistance that is used for the following projects;

    (i) Housing rehabilitation (including reduction and abatement of 

lead-based paint hazards, but excluding routine maintenance, repair and 

replacement);

    (ii) Housing construction; and

    (iii) Other public construction.

    (3) Thresholds--(i) No thresholds for section 3 covered public and 

Indian housing assistance. The requirements of this part apply to 

section 3 covered assistance provided to recipients, notwithstanding the 

amount of the assistance provided to the recipient. The requirements of 

this part apply to all contractors and subcontractors performing work in 

connection with projects and activities funded by public and Indian 

housing assistance covered by section 3, regardless of the amount of the 

contract or subcontract.

    (ii) Thresholds for section 3 covered housing and community 

development assistance--(A) Recipient thresholds. The requirements of 

this part apply to recipients of other housing and community development 

program assistance for a section 3 covered project(s) for which the 

amount of the assistance exceeds $200,000.

    (B) Contractor and subcontractor thresholds. The requirements of 

this part apply to contractors and subcontractors performing work on 

section 3 covered project(s) for which the amount of the assistance 

exceeds $200,000; and the contract or subcontract exceeds $100,000.

    (C) Threshold met for recipients, but not contractors or 

subcontractors. If a recipient receives section 3 covered housing or 

community development assistance in excess of $200,000, but no contract 

exceeds $100,000, the section 3 preference requirements only apply to 

the recipient.

    (b) Applicability of section 3 to entire project or activity funded 

with section 3 assistance. The requirements of this part apply to the 

entire project or activity that is funded with section 3 covered 

assistance, regardless of whether the section 3 activity is fully or 

partially funded with section 3 covered assistance.

    (c) Applicability to Indian housing authorities and Indian tribes. 

Indian housing authorities and tribes that receive HUD assistance 

described in paragraph (a) of this section shall comply with the 

procedures and requirements of this part to the maximum extent 

consistent with, but not in derogation of, compliance with section 7(b) 

of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 

450e(b)). (See 24 CFR part 905.)

    (d) Other HUD assistance and other Federal assistance. Recipients, 

contractors and subcontractors that receive HUD assistance, not listed 

in paragraph (a) of this section, or other Federal assistance, are 

encouraged to provide, to the greatest extent feasible, training, 

employment, and contracting opportunities generated by the expenditure 

of this assistance to low- and very low-income persons, and business 

concerns owned by low- and very low-income persons, or which employ low- 

and very low-income persons.