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§ 583 .330 24 CFR Ch . V ( 4= 1 - 09 Edition )
<br /> CFR 8 . 22 and , as applicable, 24 CFR 100 . 205 * entities, and OMB circular Nos . A- 110 (Grants
<br /> ( 2 ) Projects in which costs of rehabilitation and Cooperative Agreements with Institutions of
<br /> are 75 percent or more of the replacement cost Higher Education , Hospitals, and Other
<br /> of the building must meet the requirements of Nonprofit Organizations) and A- 122 ( Cost
<br /> 24 CFR 8 . 23 (a ) . Other rehabilitation must meet Principles Applicable to Grants, Contracts and
<br /> the requirements of 24 CFR 8 . 23 ( b) . Other Agreements with Nonprofit Institutions)
<br /> ( 58 FR 13871, Mar, 15, 1993, as amended at 59 apply to the acceptance and use of assistance
<br /> FR 33894, June 30, 1994; 61 FR 5210, Feb. 9, 1996; 61 FR 51176, by private nonprofit organizations, except where
<br /> Sept. 30, 1996] inconsistent with the provisions of the McKinney
<br /> Act, other Federal statutes, or this part. (Copies
<br /> § 583 . 330 Applicability of other Federal of OMB Circulars may be obtained from E . O . P .
<br /> requirements. Publications, room 2200, New Executive Office
<br /> In addition to the requirements set forth in Building , Washington, DC 20503 , telephone( 202) 395 -7332 . (This is
<br />not a toll -free number. )
<br /> 24 CFR part 5 , use of assistance provided under There is a limit of two free copies.
<br /> this part must comply with the following Federal
<br /> ( d) Lead- based paint. The Lead - Based
<br /> requirements : Paint Poisoning Prevention Act (42 U . S . C.
<br /> (a ) Flood insurance. ( 1 ) The Flood Disaster 4821 -4846) , the Residential Lead- Based Paint
<br /> Protection Act of 1973 (42 U . S . C . 40014128 ) Hazard Reduction Act of 1992 (42 U . S. C .
<br /> prohibits the approval of applications for 48514856) , and implementing regulations at
<br /> assistance for acquisition or construction part 35, subparts A, B, ] , K, and R of this title
<br /> ( including rehabilitation ) for supportive housing apply to activities under this program .
<br /> located in an area identified by the Federal (e) Conflicts of interest. ( 1 ) In addition to
<br /> Emergency Management Agency ( FEMA) as the conflict of interest requirements in 24 CFR
<br /> having special flood hazards, unless : part 85, no person who is an employee, agent,
<br /> ( i ) The community in which the area is consultant, officer, or elected or appointed
<br /> situated is participating in the National Flood official of the recipient and who exercises or has
<br /> Insurance Program (see 44 CFR parts 59 exercised any functions or responsibilities with
<br /> through 79 ), or less than a year has passed respect to assisted activities, or who is in a
<br /> since FEMA notification regarding such hazards; position to participate in a decisionmaking
<br /> and process or gain inside information with regard
<br /> (ii ) Flood insurance is obtained as a to such activities, may obtain a personal or
<br /> condition of approval of the application . financial interest or benefit from the activity, or
<br /> ( 2 ) Applicants with supportive housing have an interest in any contract, subcontract, or
<br /> located in an area identified by FEMA as having agreement with respect thereto, or the proceeds
<br /> special flood hazards and receiving assistance there under, either for himself or herself or for
<br /> for acquisition or construction ( including those with whom he or she has family or
<br /> rehabilitation ) are responsible for assuring that business ties, during his or her tenure or for one
<br /> flood insurance under the National Flood year thereafter. Participation by homeless
<br /> Insurance Program is obtained and maintained . individuals who also are participants under the
<br /> ( b) The Coastal Barrier Resources Act of program in policy or decisionmaking under §
<br /> 1982 ( 16 U . S . C . 3501 et seq . ) may apply to 583 . 300 (f) does not constitute a conflict of
<br /> proposals under this part, depending on the interest.
<br /> assistance requested . ( 2 ) Upon the written request of the
<br /> (c) Applicability of OMB Circulars . The recipient, HUD may grant an exception to the
<br /> policies, guidelines, and requirements of OMB provisions of paragraph (e) ( 1 ) of this section on
<br /> Circular No. A- 87 ( Cost Principles Applicable to a case- by-case basis when it determines that
<br /> Grants, Contracts and Other Agreements with the exception will serve to further the purposes
<br /> State and Local Governments ) and 24 CFR part of the program and the effective and efficient
<br /> 85 apply to the award , acceptance, and use of administration of the recipient's
<br /> assistance under the program by governmental
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