[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

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

[CITE: 24CFR576.43]



[Page 221-222]

 

                 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



[[Page 222]]



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]