[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: 24CFR761.40]



[Page 26-28]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER VII--OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN 

 DEVELOPMENT (HOUSING ASSISTANCE PROGRAMS AND PUBLIC AND INDIAN HOUSING 

                                PROGRAMS)

 

PART 761_DRUG ELIMINATION PROGRAMS--Table of Contents

 

                     Subpart D_Grant Administration

 

Sec.  761.40  Other Federal requirements.



    In addition to the nondiscrimination and equal opportunity 

requirements set forth in 24 CFR part 5, subpart A, use of grant funds 

requires compliance with the following Federal requirements:

    (a) Labor standards. (1) When grant funds are used to undertake 

physical improvements to increase security under Sec.  761.15(b)(3), the 

following labor standards apply:

    (i) The grantee and its contractors and subcontractors must pay the 

following prevailing wage rates, and must comply with all related rules, 

regulations and requirements:

    (A) For laborers and mechanics employed in the program, the wage 

rate determined by the Secretary of Labor pursuant to the Davis-Bacon 

Act (40 U.S.C. 276a et seq.) to be prevailing in the locality with 

respect to such trades;

    (B) For laborers and mechanics employed in carrying out nonroutine 

maintenance in the program, the HUD-determined prevailing wage rate. As 

used in paragraph (a) of this section, nonroutine maintenance means work 

items that ordinarily would be performed on a regular basis in the 

course of upkeep of a property, but have become substantial in scope 

because they have been put off, and that involve expenditures that would 

otherwise materially distort the level trend of maintenance expenses. 

Nonroutine maintenance may include replacement of equipment and 

materials rendered unsatisfactory because of normal wear and tear by 

items of substantially the same kind. Work that constitutes 

reconstruction, a substantial improvement in the quality or kind of 

original



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equipment and materials, or remodeling that alters the nature or type of 

housing units is not nonroutine maintenance.

    (ii) The employment of laborers and mechanics is subject to the 

provisions of the Contract Work Hours and Safety Standards Act (40 

U.S.C. 327-333).

    (2) The provisions of paragraph (a)(1) of this section shall not 

apply to labor contributed under the following circumstances:

    (i) Upon the request of any resident management corporation, HUD 

may, subject to applicable collective bargaining agreements, permit 

residents (for purposes of the Public Housing Program, residents of a 

program managed by the resident management corporation) to volunteer a 

portion of their labor.

    (ii) An individual may volunteer to perform services if:

    (A) The individual does not receive compensation for the voluntary 

services, or is paid expenses, reasonable benefits, or a nominal fee for 

voluntary services; and

    (B) Is not otherwise employed at any time in the work subject to 

paragraphs (a)(1)(i)(A) or (a)(1)(i)(B) of this section.

    (b) Flood insurance. Grants will not be awarded for proposed 

activities that involve acquisition, construction, reconstruction, 

repair or improvement of a building or mobile home located in an area 

that has been identified by the Federal Emergency Management Agency 

(FEMA) as having special flood hazards unless:

    (1) The community in which the area is situated is participating in 

the National Flood Insurance Program in accordance with 44 CFR parts 59 

through 79; or

    (2) Less than a year has passed since FEMA notification to the 

community regarding such hazards; and

    (3) Flood insurance on the structure is obtained in accordance with 

section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 

4001).

    (c) Lead-based paint. The Lead-Based Paint Poisoning Prevention Act 

(42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction 

Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 

35, subparts A, B, H, and R of this title.

    (d) Conflicts of interest. In addition to the conflict of interest 

requirements in 24 CFR part 85 for the Public Housing Program, no 

person, as described in paragraphs (d)(1) and (d)(2) of this section, 

may obtain a personal or financial interest or benefit from an activity 

funded under these drug elimination programs, or have an interest in any 

contract, subcontract, or agreement with respect thereto, or the 

proceeds thereunder, either for him or herself or for those with whom he 

or she has family or business ties, during his or her tenure, or for one 

year thereafter:

    (1) Who is an employee, agent, consultant, officer, or elected or 

appointed official of the grantee, that receives assistance under the 

program and who exercises or has exercised any functions or 

responsibilities with respect to assisted activities; or

    (2) Who is in a position to participate in a decisionmaking process 

or gain inside information with regard to such activities.

    (e) For IHAs, Sec.  950.115 of this title, ``Applicability of civil 

rights requirements,'' and Sec.  950.120 of this title, ``Compliance 

with other Federal requirements,'' apply and control to the extent they 

may differ from other requirements of this section;

    (f) Intergovernmental Review. The requirements of Executive Order 

12372 (3 CFR, 1982 Comp., p. 197) and the regulations issued under the 

Order in part 52 of this title, to the extent provided by Federal 

Register notice in accordance with 24 CFR 52.3, apply to these programs.

    (g) Environmental review. Certain eligible activities under this 

part 761 are categorically excluded from review under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321) and are not subject to 

review under related laws, in accordance with 24 CFR 50.19(b)(4), 

(b)(12), or (b)(13). If the PHDEP plan proposes the use of grant funds 

to assist any non-exempt activities, HUD will perform an environmental 

review to the extent required by 24 CFR part 50, prior to grant award.



[61 FR 13987, Mar. 28, 1996, as amended at 64 FR 49921, Sept. 14, 1999; 

64 FR 50227, Sept. 15, 1999]



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                        PARTS 762-790 [RESERVED]