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§ 583.325 24 CFR Ch. V (4-1-05 Edition) control. of a suitable site before the ex- struction accessibility requirements of piration of one year after initial notifi- the Fair Housing Act and section 504 of cation of an award. the Rehabilitation Act of 1973, and the reasonable accommodation and reha- § 583.325 Nondiscrimination and equal bilitation accessibility requirements of opportunity requirements. section 504 as follows: (a) General. Notwithstanding the per- (1) All new construction must meet missibility of proposals that serve des- the accessibility requirements of 24 ignated populations of disabled home- CFR 8.22 and, as applicable, 24 CFR less persons, recipients serving a des- 100.205. ignated population of disabled home- (2) Projects in which costs of reha- less persons are required, within the bilitation are 75 percent or more of the designated population, to comply with replacement cost of the building must these requirements for nondiscrimina- meet the requirements of 24 CFR tion on the basis of race, color, reli- 823(a) . Other rehabilitation must meet gion, sex, national origin, age, familial the requirements of 24 CFR 8.23(6) . status, and disability. [58 FR 13871, Mar. 1s, 1993, as amended at 59 (b) Nondiscrimination and equal oppor- FR 33894, June 30. 1994; fir FR 5210, Feb. 9 , trinity requirements. The nondiscrimina- 1996; 61 FR 51176, Sept. 30. 19961 tion and equal opportunity require- ments set forth at part 5 of this title § 583.330 Applicability of other Federal apply to this program. The Indian Civil requirements. Rights Act (25 U.S .C . 1301 et seq.) ap- In addition to the requirements set plies to tribes when they exercise their forth in 24 CFR part 5 , use of assistance powers of self-government, and to In- provided under this part must comply dian housing authorities (IHAs) when with the following Federal require- established by the exercise of such ments: powers. when an IHA is established (a) Flood insurance. (1) The Flood Dis- under State law, the applicability of aster Protection Act of 1973 (42 U.S.C. the Indian Civil Rights Act will be de- 4001-4128) prohibits the approval of ap- termined on a case-by-case basis. plications for assistance for acquisition Projects subject to the Indian Civil or construction (including rehabilita- Rights Act must ce developed and open- tion) for supportive housing located in and in compliance with its provisions an area identified by the Federal Emer- and all implementing HUD require- enc Management Agency (FEMA) as Housing instead of title r and the Fair g >' g g y Housing Act and their implementing having special flood hazards, unless : . regulations. (f) The community in which the area (c) procedures. (1) If the procedures is situated is participating in the Na- _ that therecipientintends to use to tional Flood Insurance Program (see 44 make known the availability of the CFR parts 59 through 79) , or less than supportive housing are unlikely to a year has passed since FEMA notifica- reach persons of any particular race, tion regarding such hazards; and color, religion, sex, age. national ori- (ii) Flood insurance is obtained as a gin, familial status, or handicap who condition of approval of the applica- may qualify for admission to the hous- tion. ing, the recipient must establish addi- (2) Applicants with supportive Nous- _ tional procedures that will ensure that ing located in an area identified by suchP ersons can obtain information FEMA as having special flood hazards - concerning availability of the housing. and receiving assistance for acquisition (2) The recipient must adopt proce- or construction (including rehabilita- dures to make available information tion) are responsible for assuring that on the existence and locations of facili- flood insurance under the National ties and services that are accessible to Flood Insurance Program is obtained persons with a handicap and maintain and maintained. evidence of implementation of the pro- (b) The Coastal Barrier Resources cedures. Act of 1982 (16 U.S.C. 3501 at seq.) may (d) Accessibility requirements. The re- apply to proposals under this part, de- cipient must comply with the new con- pending on the assistance requested. 260