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§ 583 . 330 24 CFR Ch . V ( 4- 1 - 09 Edition )
<br /> CFR 8 . 22 and, as applicable, 24 CFR 100 . 205s 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
<br /> 24 CFR part 5, use of assistance provided under ( 202 ) 395- 7332 . (This is not a toll -free number. )
<br /> this part must comply with the following Federal There is a limit of two free copies .
<br /> requirements : (d ) Lead- based paint. The Lead- Based
<br /> (a ) Flood insurance. ( 1 ) The Flood Disaster Paint Poisoning Prevention Act (42 U . S . C.
<br /> Protection Act of 1973 (42 U . S . C. 4001 -4128) 4821 -4846), the Residential Lead- Based Paint
<br /> prohibits the approval of applications for Hazard Reduction Act of 1992 (42 U . S. C.
<br /> 4851 -4856), and implementing regulations at
<br /> assistance for acquisition or construction
<br /> ( including rehabilitation ) for supportive housing part 35, subparts A, B, J, K, and R of this titleapply to activities
<br /> under this program .
<br /> located in an area identified by the Federal
<br /> Emergency Management Agency ( FEMA) as (e) Conflicts of interest. ( 1 ) In addition to
<br /> having special flood hazards, unless : the conflict of interest requirements in 24 CFR
<br /> ( ) The community in which the area is 1 part 85, no person who is an employee, agent,
<br /> 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
<br /> through 79) , or less than a year has passed exercised any functions or responsibilities with
<br /> respect to assisted activities, or who is in a
<br /> since FEMA notification regarding such hazards;
<br /> and position to participate in a decisionmaking
<br /> 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
<br /> located in an area identified by FEMA as having have an interest in any contract, subcontract, or
<br /> agreement with respect thereto, or the proceeds
<br /> special flood hazards and receiving assistance
<br /> for acquisition or construction ( including there under, either for himself or herself or for
<br /> those with whom he or she has family or
<br /> rehabilitation ) are responsible for assuring that
<br /> flood insurance under the National Flood business ties, during his or her tenure or for one Insurance Program
<br /> is obtained and maintained . year thereafter. Participation by homeless
<br /> 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
<br /> proposals under this part, depending on the 583 . 300( f) does not constitute a conflict ofinterest.
<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
<br /> assistance under the program by governmental administration of the recipient's
<br /> www . hud. gov espanol . hud . gov Page 19
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