2003-091 - Laserfiche WebLink

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determining the formula for computing the replacement serve to further the purposes of the program and the effective and housing assistance to be provided to a residential tenant efficient administration of the recipient's project. An exception displaced as a direct result of privately undertaken may be considered only after the recipient has provided the rehabilitation, demolition, or acquisition of the real property, following: the term "initiation of negotiations" means the execution of the (i ) For States, units of general local governments, PHAs and agreement between the recipient and HUD, or selection of the IHAs, a disclosure of the nature of the conflict, accompanied by project site, if later. an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and §582.340 Other Federal requirements. (ii) For all recipients, an opinion of the recipient's attorney that the interest for which the exception is sought would not violate In addition to the Federal requirements set forth in 24 CFR State or local law. part 5, the following requirements apply to this program: (3 ) In determining whether to grant a requested exception after (a) OMB Circulars. 1 ( 1 ) The policies, guidelines, and the recipient has satisfactorily met the requirement of paragraph requirements of OMB Circular No. A-87 (Cost Principles (b)(2) of this section , HUD will consider the cumulative effect of Applicable to Grants , Contracts and Other Agreements with the following factors, where applicable : State and Local Governments) and 24 CFR part 85 apply to (i) Whether the exception would provide a significant cost the acceptance and use of assistance under the program by benefit or an essential degree of expertise to the project which governmental entities, and OMB Circular Nos. A- 110 (Grants would otherwise not be available; and Cooperative Agreements with Institutions of Higher (ii) Whether the person affected is a member of a group or class Education , Hospitals, and Other Nonprofit Organizations) of eligible persons and the exception will permit such person to and 24 CFR part 84 and A- 122 (Cost Principles Applicable to receive generally the same interests or benefits as are being Grants, Contracts and Other Agreements with Nonprofit made available or provided to the group or class ; Institutions) apply to the acceptance and use of assistance by (iii) Whether the affected person has withdrawn from his or her private nonprofit organizations, except where inconsistent functions or responsibilities, or the decisionmaking process with with provisions of the McKinney Act, other Federal statutes, respect to the specific assisted activity in question ; or this part. (iv) Whether the interest or benefit was present before the (2) The financial management systems used by recipients affected person was in a position as described in paragraph (b)( 1 ) under this program must provide for audits in accordance with of this section; the provisions of 24 CFR part 44. Private nonprofit (v) Whether undue hardship will result either to the recipient or organizations who are subrecipients are subject to the audit the person affected when weighed against the public interest requirements of 24 CFR part 45 . HUD may perform or require additional audits as it finds necessary or appropriate. §582.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUD and the applicant execute a served by avoiding the prohibited conflict; and grant agreement, HUD will obligate funds to cover the amount of (vi) Any other relevant considerations. the approved grant. The recipient will be expected to carry out the activities as proposed in the application . After the initial [58 FR 13892, Mar. 15, 1993 , as amended at 61 FR 5210, Feb. obligation of funds , HUD is under no obligation to make any 9, 1996; 61 FR 51171 , Sept. 30, 1996; 62 FR 13539, upward revisions to the grant amount for any approved Mar. 21 , 1997] assistance. (b) Deobligation. (1 ) HUD may deobligate all or a portion of the Subpart E -- Administration approved grant amount if such amount is not expended in a timely manner, or the proposed housing for which funding was §582.400 Grant agreement, approved or the supportive services proposed in the application (a) General. The grant agreement will be between HUD and are not provided in accordance with the approved the recipient. HUD will hold the recipient responsible for the application, the requirements of this part, and other applicable overall administration of the program, including overseeing HUD regulations . The grant agreement may set forth other any subrecipients or contractors . Under the grant agreement, circumstances under which funds may be deobligated, and other the recipient must agree to operate the program in accordance sanctions may be imposed . with the provisions of this part and other applicable HUD (2) HUD may readvertise, in a notice of fund availability, the regulations . availability of funds that have been deobligated , or may (b) Enforcement. HUD will enforce the obligations in the reconsider applications that were submitted in response to the most recently published notice of fund availability and select