[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: 24CFR791.403]



[Page 30]

 

                 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 791_ALLOCATIONS OF HOUSING ASSISTANCE FUNDS--Table of Contents

 

     Subpart D_Allocation of Budget Authority for Housing Assistance

 

Sec.  791.403  Allocation of housing assistance.



    (a) The total budget authority available for any fiscal year shall 

be determined by adding any available unreserved budget authority from 

prior fiscal years to any newly appropriated budget authority for each 

housing program.

    (b) Budget authority available for the fiscal year, except for that 

retained pursuant to Sec.  791.407, shall be allocated to the field 

offices as follows:

    (1) Budget authority shall be allocated as needed for uses that the 

Secretary determines are incapable of geographic allocation by formula, 

including--

    (i) Amendments of existing contracts, renewal of assistance 

contracts, assistance to families that would otherwise lose assistance 

due to the decision of the project owner to prepay the project mortgage 

or not to renew the assistance contract, assistance to prevent 

displacement or to provide replacement housing in connection with the 

demolition or disposition of public housing, assistance in support of 

the property disposition and loan management functions of the Secretary;

    (ii) Assistance which is--

    (A) The subject of a line item identification in the HUD 

appropriations law, or in the table customarily included in the 

Conference Report on the appropriation for the Fiscal Year in which the 

funds are to be allocated;

    (B) Reported in the Operating Plan submitted by HUD to the 

Committees on Appropriations; or

    (C) Included in an authorization statute where the nature of the 

assistance, such as a prescribed set-aside, is, in the determination of 

the Secretary, incapable of geographic allocation by formula,

    (iii) Assistance determined by the Secretary to be necessary in 

carrying out the following programs authorized by the Cranston-Gonzalez 

National Affordable Housing Act: the Homeownership and Opportunity 

Through HOPE Act under title IV and HOPE for Elderly Independence under 

section 803.

    (2) Budget authority remaining after carrying out allocation steps 

outlined in paragraph (b)(1) of this section shall be allocated in 

accordance with the housing needs percentages calculated under 

paragraphs (b), (c), (d), and (e) of Sec.  791.402. HUD may allocate 

assistance under this paragraph in such a manner that each State shall 

receive not less than one-half of one percent of the amount of funds 

available for each program referred to in Sec.  791.101(a) in each 

fiscal year. If the budget authority for a particular program is 

insufficient to fund feasible projects, or to promote meaningful 

competition, at the field office level, budget authority may be 

allocated among the ten geographic areas of the country. The funds so 

allocated will be assigned by Headquarters to the field office(s) with 

the highest ranked applications within the ten geographic areas.

    (c) At least annually HUD will publish a notice in the Federal 

Register informing the public of all allocations under Sec.  

791.403(b)(2).



[61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26640, May 14, 1999]