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§ 582. 120 24 CFR Ch. V (4-1 -05 Edition)
<br /> be voluntary for the beneficiaries of in accordance with 24 CFR part 91 , and
<br /> the HUD-funded programs or services. must submit a certification that the
<br /> (3) A religious organization that par- application for funding is consistent
<br /> ticipates in the S+C program will re- with the HUD-approved consolidated
<br /> tain its independence from Federal, plan. Funded applicants must certify in
<br /> State, and local governments, and may a grant agreement that they are fol-
<br /> continue to carry out its mission, in- lowing the HUD-approved consolidated
<br /> cluding the definition, practice and ex- plan. If the applicant is a State, and
<br /> pression of its religious beliefs, pro- the project will be located in a unit of
<br /> vided that it does not use direct S+C general local government that is re-
<br /> funds to support any inherently reli- quired to have, or has, a complete con-
<br /> gious activities, such as worship, reli- solidated plan, or that is applying for
<br /> gious instruction, or proselytization. Shelter Plus Care assistance under the
<br /> Among other things , faith-based orga- same Notice of Fund Availability
<br /> nizations may use space in their facili- (NOFA) and will have an abbreviated
<br /> ties to provide S+C-funded services, consolidated plan with respect to that
<br /> without removing religious art, icons, application, the State also must sub-
<br /> scriptures, or other religious symbols. mit a certification by the unit of gen-
<br /> In addition, an S+C-funded religious or- eral local government that the State's
<br /> ganization retains its authority over application is consistent with the unit
<br /> its internal governance, and it may re- of general local government's HUD-ap-
<br /> tain religious terms in its organza- proved consolidated plan.
<br /> tion's name, select its board members (b) Applicants that are not States or
<br /> on a religious basis . and include reli- units of general local government. The
<br /> gious references in its organization's applicant must submit a certification
<br /> mission statements and other gov- by the jurisdiction in which the pro-
<br /> erning documents. posed project will be located that the
<br /> (4) An organization that participates jurisdiction is following its HUD-ap-
<br /> in the S+C program shall not, in pro- proved consolidated plan and the appli-
<br /> viding program assistance, discrimi- cant's application for funding is con-
<br /> nate against a program beneficiary or sistent with the jurisdiction's HUD-ap-
<br /> prospective program beneficiary on the proved consolidated plan. The certifi-
<br /> basis of religion or religious belief. cation must be made by the unit of
<br /> (5) If a State or local government vol- general local government or the State,
<br /> untarily contributes its own funds to in accordance with the consistency cer-
<br /> supplement federally funded activities, tification provisions of the consoli-
<br /> the State or local government has the dated plan regulations, 24 CFR part 91 ,
<br /> option to segregate the Federal funds subpart F .
<br /> or commingle them. However, if the (c) Indian tribes and the Insular Areas
<br /> funds are commingled, this section ap- - of Guam, the U. S. Virgin Islands, Amer-
<br /> plies to all of the commingled funds . - ican Samoa, and the Northern Mariana
<br /> (d) Maintenance of effort. No assist- Islands. These entities are not required
<br /> ance received under this part (or any to have a consolidated plan or to make
<br /> State or local government funds used , consolidated plan certifications. An ap-
<br /> to supplement this assistance) may be plication by an Indian tribe or other
<br /> used to replace funds provided under applicant for a project that will be lo-
<br /> any State or local government assist- cated on a reservation of an Indian
<br /> ance programs previously used, or des- tribe will not require a certification by
<br /> ignated for use, to assist persons with the tribe or the State. However, where
<br /> disabilities, - homeless persons, or an Indian tribe is the applicant for a
<br /> homeless persons with disabilities. project that will not be located on a
<br /> 158 FR 13892, Mar. 15 , 1993, as amended at 68 reservation, the requirement for a cer-
<br /> FR 56487, Sept. 30, 20031 tification under paragraph (b) of this
<br /> section will apply.
<br /> § 582.120 Consolidated plan. (d) Timing of consolidated plan certiff-
<br /> (a) Applicants that are States or units cation submissions. Unless otherwise set
<br /> of general local government. The appli- forth in the NOTA, the required certifi-
<br /> cant must have a HUD-approved com- cation that the application for funding
<br /> plete or abbreviated consolidated plan, is consistent with the HUD-approved
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