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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
<br />§ 582.115 Limitations on assistance
<br />(a) Current occupants. Current occupants
<br />of the real property are not eligible for
<br />assistance under this part. However, as
<br />described in § 582.335, persons displaced as a
<br />direct result of acquisition, rehabilitation, or
<br />demolition for a project under the S+C program
<br />are eligible for and must be provided relocation
<br />assistance at Uniform Relocation Act levels.
<br />(b) Amount of assistance provided within a
<br />jurisdiction. HUD will limit the amount of
<br />assistance provided within the jurisdiction of
<br />any one unit of local government to no more
<br />than 10 percent of the amount available.
<br />(c) Faith -based activities. (1) Organizations
<br />that are religious or faith -based are eligible, on
<br />the same basis as any other organization, to
<br />participate in the S+C program. Neither the
<br />Federal government nor a State or local
<br />government receiving funds under S+C
<br />programs shall discriminate against an
<br />organization on the basis of the organization's
<br />religious character or affiliation.
<br />(2) Organizations that are directly funded
<br />under the S+C program may not engage in
<br />inherently religious activities, such as worship,
<br />religious instruction, or proselytization as part of
<br />the programs or services funded under this part.
<br />If an organization conducts such activities, the
<br />activities must be offered separately, in time or
<br />location, from the programs or services funded
<br />under this part, and participation must be
<br />voluntary for the beneficiaries of the
<br />HUD -funded programs or services.
<br />(3) A religious organization that
<br />participates in the S+C program will retain its
<br />independence from Federal, State, and local
<br />governments, and may continue to carry out its
<br />mission, including the definition, practice and
<br />expression of its religious beliefs, provided that
<br />it does not use direct S+C funds to support any
<br />inherently religious activities, such as worship,
<br />religious instruction, or proselytization. Among
<br />other things, faith -based organizations may use
<br />space in their facilities to provide S+C-funded
<br />services, without removing religious art, icons,
<br />scriptures, or other religious symbols. In
<br />addition, an S+C-funded religious organization
<br />retains its authority over
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<br />§ 582.120
<br />its internal governance, and it may retain
<br />religious terms in its organization's name, select
<br />its board members on a religious basis, and
<br />include religious references in its organization's
<br />mission statements and other governing
<br />documents.
<br />(4) An organization that participates in the
<br />S+C program shall not, in providing program
<br />assistance, discriminate against a program
<br />beneficiary or prospective program beneficiary
<br />on the basis of religion or religious belief.
<br />(5) If a State or local government
<br />voluntarily contributes its own funds to
<br />supplement federally funded activities, the State
<br />or local government has the option to segregate
<br />the Federal funds or commingle them. However,
<br />if the funds are commingled, this section applies
<br />to all of the commingled funds.
<br />(d) Maintenance of effort. No assistance
<br />received under this part (or any State or local
<br />government funds used to supplement this
<br />assistance) may be used to replace funds
<br />provided under any State or local government
<br />assistance programs previously used, or
<br />designated for use, to assist persons with
<br />disabilities, homeless persons, or homeless
<br />persons with disabilities.
<br />[58 FR 13892, Mar. 15, 1993, as amended at 68 FR 56407, S ept. 30,
<br />2003]
<br />§ 582.120 Consolidated plan.
<br />(a) Applicants that are States or units of
<br />general local government. The applicant must
<br />have a HUD -approved complete or abbreviated
<br />consolidated plan, in accordance with 24 CFR
<br />part 91, and must submit a certification that the
<br />application for funding is consistent with the
<br />HUD -approved consolidated plan. Funded
<br />applicants must certify in a grant agreement
<br />that they are following the HUD -approved
<br />consolidated plan. If the applicant is a State,
<br />and the project will be located in a unit of
<br />general local government that is required to
<br />have, or has, a complete consolidated plan, or
<br />that is applying for Shelter Plus Care assistance
<br />under the same Notice of Fund Availability
<br />(NOFA) and will have an abbreviated
<br />consolidated plan with respect to that
<br />application, the State also must submit a
<br />certification by the unit of general local
<br />government that the State's application is
<br />consistent with the unit
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