[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: 24CFR576.45]



[Page 222-223]

 

                 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.

    (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:



[[Page 223]]



    (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.

    (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]