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§ S83330 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 13971, 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, 19%] 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 /> Building, Washington, DC 20503, telephone
<br /> In addition to the requirements set forth in
<br /> 2 (202) 395-7332 . (This is not atoll-free number.)
<br /> 4 CFR part 5, use of assistance provided under
<br /> 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. 4821-
<br /> (a) Flood insurance. ( 1) The Flood Disaster 4846), the Residential Lead- Based Paint Hazard
<br /> Protection Act of 1973 (42 U.S .C. 40014128) Reduction Act of 1992 (42 U .S.C. 4851-4856),
<br /> prohibits the approval of applications for and implementing regulations at part 35,
<br /> assistance for acquisition or construction subparts A, B, ], K, and R of this title apply to
<br /> (including rehabilitation) for supportive housing 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
<br /> having special flood hazards, unless: the conflict of interest requirements in 24 CFR
<br /> (i) The community in which the area is 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 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 requestW . I d (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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