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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- 4583.325 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- (Z) 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- onthe basis of race, color, reli- 8. Z3 (a) . Other rehabilitation must meet gion, sex, national origin, age, familial the requirements of 24 CFR 8.23(b) . status, and disability. (b) Nondiscrimination and equal oppor- 151 FR 13871, Mar. 15. 1993, as amended at 59 tunit3' requirements. The nondiscrimina- FR 33894. June 30, 1994; 61 FR 5210, Feb. 9, . Sept. 30, 1996] tion and equal opportunity require- 1996; 61 FR 51176, - 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- plies to tribes when they exercise their In addition to the requirements set powers of self-government, and to In- forth in 24 CFR part 5, use of assistance dian housing authorities (IHAs) when provided under this part must comply established by the exercise of such with the following Federal require- powers. when an IHA is established ments: under - State law, the applicability of (a) Flood insurance. (1) The Flood Dis- the Indian Civil Rights Act will be de- aster Protection Act of 1973 (42 U.S.C. termined on a case-by-case basis. 4001-4128) prohibits the approval of ap- .Projects subject to the Indian Civil plications for assistance for acquisition Rights Act must be developed and oper- or construction (including rehabilita- ated incompliancewith its provisions tion) for supportive housing located in and all implementing HUD require- an area identified by the Federal Emer- mems, instead of title VI and the Fair gency Management Agency (FEMA) as g Housing Act and their implementing having special flood hazards. unless. :regulations. (i) The community in which the area . I (c) Procedures. (1) If the procedures is situated is participating in the Na- that the recipient intends 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- - rnay qualify for admission to the hous- tion. - ing, the recipient must establish addi- (2) Applicants with supportive hous- - _ -tional procedures that will ensure that ing located in an area identified by such. , persons 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 et 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