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HomeMy WebLinkAboutBack-Up from Law DeptAUTHENTICATED U.S. GOVERNMENT INFORMATION G PO § 583.400 (vi) Any other relevant consider- ations. (f) Audit, The financial management systems used by recipients under this program must provide for audits in ac- cordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or re- quire additional audits as it finds nec- essary or appropriate. (g) Davis -Bacon Act. The provisions of the Davis -Bacon Act do not apply to this program. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb, 9, 1996; 64 FR 50226, Sept. 15, 1999] Subpart E—Administration § 583.400 Grant agreement. (a) General. The duty to provide sup- portive housing or supportive services in accordance with the requirements of this part will be incorporated in a grant agreement executed by HUD and the recipient. (b) Enforcement. HUD will enforce the obligations in the grant agreement through such action as may be appro- priate, including repayment of funds that have already been disbursed to the recipient. § 583.405 Program changes. (a) HUD approval. (1) A recipient may not make any significant changes to an approved program without prior HUD approval. Significant changes include, but are not limited to, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in §583.100 of this part approved for the program or a shift of more than 10 percent of funds from one approved type of activity to another, and a change in the category of partici- pants to be served. Depending on the nature of the change, HUD may require a new certification of consistency with the consolidated plan (see §583.155). (2) Approval for changes is contin- gent upon the application ranking re- maining high enough after the ap- proved change to have been competi- tively selected for funding in the year the application was selected. (b) Documentation of other changes. Any changes to an approved program that do not require prior HUD approval 24 CFR Ch. V (4-1-13 Edition) must be fully documented in the recipi- ent's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 1996] § 583.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUD and the applicant execute a grant agree- ment, funds are obligated to cover the amount of the approved assistance under subpart B of this part. The re- cipient will be expected to carry out the supportive housing or supportive services activities as proposed in the application. (b) Increases. After the initial obliga- tion of funds, HUD will not make revi- sions to increase the amount obligated. Deobligatio? (1) HUD may deobligate all or parts of grants for ac- quisition, rehabilitation, acquisition and rehabilitation, or new construc- tion: (i) If the actual total cost of acquisi- tion, rehabilitation, acquisition and re- habilitation, or new construction is less than the total cost anticipated in the application; or (ii) If proposed activities for which funding- wa''s alipioved—are i of 15egnn. within three—n�oriti'rs--or esrdents do not'"begin fc5 occu`py"tliefacility within aftei"giaizt'executidn. -(2)HUD may deobligate Elie amounts for annual leasing costs, operating costs or supportive services in any year: (i) If the actual leasing costs, oper- ating costs or supportive services for that year are less than the total cost anticipated in the application; or (ii) If the proposed supportive hous- ing operations are not begun within three months after the units are avail- able for occupancy. (3) The grant agreement may set forth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. (4) HUD may: (i) Readvertise the availability of funds that have been deobligated under this section in a notice of fund avail- ability under §583,200, or (ii) Award deobligated funds to appli- cations previously submitted in re- sponse to the most recently published 346 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §585.3 notice of fund availability, and in ac- cordance with subpart C of this part. PART 585—YOUTHBUILD PROGRAM Subpart A —General Sec. 585.1 585.2 585.3 585.4 Authority, Program purpose. Program components. Definitions. Subpart B [Reserved] Subpart C—Youthbuild Planning Grants 585.201 585.202 585.203 685.204 585,205 Purpose, Award limits. Grant term. Locational considerations. Eligible activities. Subpart D—Youthbuild Implementation Grants 585.301 Purpose. 585,302 Award limits. 585.303 Grant term. 585.304 Locational considerations. 585.305 Eligible activities. 585.306 Designation of costs. 585.307 Environmental procedures and standards. 585.308 Relocation assistance and real prop- erty acquisition. 585.309 Project -related restrictions applica- ble to Youthbuild residential rental housing. 585.310 Project -related restrictions applica- ble to Youthbuild transitional housing for the homeless. 585.311 Project -related restrictions applica- ble to Youthbuild homeownership hous- ing. 585.312 Wages, labor standards, and non- discrimination. 585.313 Labor standards. Subpart E—Administration 585.401 Recordkeeping by recipients. 585.402 Grant agreement. 585,403 Reporting requirements. 585.404 Program changes. 585.405 Obligation and deobligation of funds, 585.406 Faith -based activities. Subpart F—Applicability of Other Federal Requirements 585.501 Application of OMB Circulars. 685.502 Certifications. 585.503 Conflict of interest. 585,504 Use of debarred, suspended, or ineli- gible contractors. AUTHORITY: 42 U.S.C. 3535(d) and 8011. SOURCE: 60 FR 9737, Feb. 21, 1995, unless otherwise noted. Subpart A —General § 585.1 Authority. (a) General. The Youthbuild program is authorized under subtitle D of title IV of the National Affordable Housing Act (42 U.S.C. 8011), as added by section 164 of the Housing and Community De- velopment Act of 1992 (Pub. L. 102-550). (b) Authority restriction, No provision of the Youthbuild program may be con- strued to authorize any agency, officer, or employee of the United States to ex- ercise any direction, supervision, or control over the curriculum, program of instruction, administration, or per- sonnel of any educational institution, school, or school system, or over the selection of library resources, text- books, or other printed or published in- structional materials used by any edu- cational institution or school system participating in a Youthbuild program. § 585.2 Program purpose. The purposes of the Youthbuild pro- gram are set out in section 451 of the National Affordable Housing Act (42 U.S.C. 12899) ("NAHA"). [61 FR 52187, Oct. 4, 1996] § 585.3 Program components. A Youthbuild implementation pro- gram uses comprehensive and multi- disciplinary approaches designed to prepare young adults who have dropped out of high school for educational and employment opportunities by employ- ing them as construction trainees on work sites for housing designated for homeless persons and low- and very low-income families. A Youthbuild planning grant is designed to give re- cipients sufficient time and financial resources to develop a comprehensive Youthbuild program that can be effec- tively implemented. Youthbuild pro- grams must contain the three compo- nents described in paragraphs (a), (b) and (d) of this section. Other activities described in paragraph (c) of this sec- tion are optional: (a) Educational services, including: (1) Services and activities designed to meet the basic educational needs of 347