24 C.F.R. Subpart D—Reallocations
Title 24 - Housing and Urban Development
Source: 54 FR 46799, Nov. 7, 1989, unless otherwise noted. Redesignated at 61 FR 51550, Oct. 2, 1996.
(a) Applicability. This section applies where a formula city or county fails to submit or obtain HUD 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. (b) Grantee. HUD will make available to the State in which the city or county is located the amounts that a city or county referred to in paragraph (a) of this section would have received. (c) Notification of availability. The responsible HUD field office will promptly notify the State of the availability of any reallocation amounts under this section. (d) Eligibility for reallocation amounts. In order to receive reallocation amounts under this section, the State must: (1) Execute a grant agreement with HUD for the fiscal year for which the amounts to be reallocated were initially made available. (2) If necessary, submit an amendment to its application for that fiscal year for the reallocation amounts it wishes to receive. The amendment must be submitted to the responsible HUD field office no later than 30 days after notification is given to the State under paragraph (c) of this section. (e) Amendment review and approval. (1) Section 576.33 governs the review and approval of application amendments under this section. HUD will endeavor to make grant awards within 30 days of the application amendment deadline, or as soon thereafter as practicable. (2) Program activities represented by proposed amendments are subject to environmental review under §576.57 in the same manner as original proposals. (f) Deadlines for using reallocated grant amounts. Section 576.35 governs the use of amounts reallocated under this section. (g) Amounts that cannot be reallocated. Any grant amounts that cannot be reallocated to a State under this section will be reallocated as provided by §576.43. Amounts that are reallocated under this section, but that are returned or unused, will be reallocated under §576.45. [54 FR 46799, Nov. 7, 1989, as amended at 56 FR 56128, Oct. 31, 1991; 60 FR 1918, Jan. 5, 1995. Redesignated and amended at 61 FR 51551, Oct. 2, 1996] (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 §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 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 (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 §576.45(d). Any amounts that are reallocated, but are returned, will be reallocated under §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] (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 (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 §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: (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 §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 §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 §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]
Title 24: Housing and Urban Development
PART 576—EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY HOMELESS ASSISTANCE ACT
Subpart D—Reallocations
§ 576.41 Reallocation; lack of approved consolidated plan—formula cities and counties.
§ 576.43 Reallocation of grant amounts; lack of approved consolidated plan—States, territories, and Indian tribes.
§ 576.45 Reallocation of grant amounts; returned or unused amounts.
