[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: 24CFR954.301]



[Page 416-417]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 954_INDIAN HOME PROGRAM--Table of Contents

 

             Subpart C_Eligible Activities and Affordability

 

Sec.  954.301  Faith-based activities.



    (a) Religious organizations are eligible, on the same basis as any 

other organization, to participate in the Indian HOME program. Neither 

the federal government nor a tribal government nor any other entity that 

administers any program or activity under this part shall discriminate 

against an organization on the basis of the organization's religious 

character or affiliation.

    (b) Organizations that receive direct HUD funds under the Indian 

HOME program may not engage in inherently religious activities, such as 

worship, religious instruction, or proselytization, as part of the 

program or services funded under this part. If an organization conducts 

such inherently religious activities, the inherently religious 

activities must be offered separately, in time or location, from the 

programs, activities, or services supported by direct HUD funds under 

this part, and participation must be voluntary for the beneficiaries of 

the programs, activities, or services provided.

    (c) A religious organization that participates in the Indian HOME 

program will retain its independence from federal, state, local, and 

tribal governments, and may continue to carry out its mission, including 

the definition, practice, and expression of its religious beliefs, 

provided that it does not engage in any inherently religious activities, 

such as worship, religious instruction, or proselytization, as part of 

the programs or services funded under a program or activity pursuant to 

this part. Among other things, religious organizations may use space in 

their facilities to provide services under the Indian HOME program 

without removing religious art, icons, scriptures, or other religious 

symbols. In addition, a religious organization participating in the 

Indian HOME program retains its authority over its internal governance, 

and it may retain religious terms in its organization's name, select its 

board members on a religious basis, and include religious references in 

its organization's mission statements and other governing documents.

    (d) A religious organization's exemption from the federal 

prohibition on employment discrimination on the basis of religion, set 

forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 

2000e-1), is not forfeited when the organization participates in a HUD 

program. Some HUD programs, however, contain independent statutory 

provisions that impose certain nondiscrimination requirements on all 

grantees. Accordingly, grantees should consult with the appropriate HUD 

program office to determine the scope of applicable requirements.

    (e) An organization that receives direct funds under the Indian HOME 

program shall not, in providing program assistance, discriminate against 

a program beneficiary or prospective program beneficiary on the basis of 

religion or religious belief.

    (f) Indian HOME funds may not be used for the acquisition, 

construction, or rehabilitation of structures to the extent that those 

structures are used for inherently religious activities. Indian HOME 

funds may be used for the



[[Page 417]]



acquisition, construction, or rehabilitation of structures only to the 

extent that those structures are used for conducting eligible activities 

under this part. Where a structure is used for both eligible and 

inherently religious activities, Indian HOME funds may not exceed the 

cost of those portions of the acquisition, construction, or 

rehabilitation that are attributable to eligible activities in 

accordance with the cost accounting requirements applicable to Indian 

HOME funds in this part. Sanctuaries, chapels, or other rooms that an 

Indian HOME-funded religious congregation uses as its principal place of 

worship, however, are ineligible for Indian HOME-funded improvements. 

Disposition of real property after the term of the grant, or any change 

in use of the property during the term of the grant, is subject to 

governmentwide regulations governing real property disposition (see 24 

CFR parts 84 and 85).

    (g) If a tribal government voluntarily contributes its own funds to 

supplement federally funded activities, the tribal government has the 

option to segregate the federal funds or commingle them. However, if the 

funds are commingled, this section applies to all of the commingled 

funds. Further, if a state or local government is required to contribute 

matching funds to supplement a federally funded activity, the matching 

funds are considered commingled with the federal assistance and 

therefore subject to the requirements of this section. Some HUD programs 

requirements govern any project or activity assisted under those 

programs. Accordingly, grantees should consult with the appropriate HUD 

program office to determine the scope of applicable requirements



[69 FR 62169, Oct. 22, 2004]