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153 rows where part_number = 1944 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:13.1.1.1.5.10.1.1 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.651 General. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26208, May 13, 1997] | (a) This subpart sets forth the policies and procedures for making grants under section 533 of the Housing Act of 1949, 42 U.S.C. 1490(m), to provide funds to eligible applicants (hereafter also referred to as grantee(s)) to conduct housing preservation programs benefiting very low- and low-income rural residents. Program funds cover part or all of the grantee's cost of providing loans, grants, interest reduction payments or other assistance to eligible homeowners, owners of single or multiple unit rental properties or for the benefit of owners (as occupants) of consumer cooperative housing projects (hereafter also referred to as co-ops). Such assistance will be used to reduce the cost of repair and rehabilitation, to remove or correct health or safety hazards, to comply with applicable development standards or codes, or to make needed repairs to improve the general living conditions of the resident(s), including improved accessibility by handicapped persons. Such assistance will be used to reduce the cost of repair and rehabilitation, to remove or correct health or safety hazards, to comply with applicable development standards or codes, or to make needed repairs to improve the general living conditions of the residents, including improved accessibility by persons with a disability. Individual housing that is owner occupied may qualify for replacement housing when it is determined by the grantee that the housing is not economically feasible for repair or rehabilitation. (b) The Rural Housing Service (RHS) will provide Housing Preservation Grant (HPG) assistance to grantees who are responsible for providing assistance to eligible persons without discrimination because of race, color, religion, sex, national origin, age, familial status, or disability. (c) The preapplication must only address a proposal to finance repairs and rehabilitation activities to individual housing or rental properties or co-ops. Any combination proposal will not be accepted. (d) Any processing or servicing activity conducted pursuant t… | |||
| 7:7:13.1.1.1.5.10.1.10 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.660 Authorized representative of the HPG applicant and Rural Development point of contact. | RHS | (a) Rural Development will deal only with authorized representatives designated by the HPG applicant. (b) The State Director will designate either the State Office and/or the District Office as the processing office and/or the servicing office for the HPG program. The State Director's selection may be based on staffing, total program size, number of preapplications anticipated, type of applicants, or similar criteria. The State Director must publish this designation each year at the time the Federal Register is published informing the public of the open period for acceptance of preapplications as outlined in § 1944.678 of this subpart. | ||||
| 7:7:13.1.1.1.5.10.1.11 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.661 Individual homeowners—eligibility for HPG assistance. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26209, May 13, 1997] | The individual homeowners assisted must have income that meets the very low- or low-income definitions, be the owner of an individual dwelling at least 1 year prior to the time of assistance, and be the intended occupant of the dwelling subsequent to the time of assistance. The dwelling must be located in a rural area and be in need of housing preservation assistance. Each homeowner is required to submit evidence of income and ownership for retention in the grantee's files. (a) Income. Determination of income will be made in accordance with 7 CFR 3550.54(c). All members of the household, as defined in § 1944.656 of this subpart, must be included when determining income. Grantees must use certifications, may require additional information from the homeowner, and should seek advice from their attorney. (b) Ownership. Evidence of ownership may be a photostatic copy of the instrument evidencing ownership. Methods for assuring the intention of the homeowner to continue to occupy the unit after assistance will be established by the grantee. Any of the following will satisfy or fulfill this requirement of ownership: (1) Full marketable title. (2) An undivided or divided interest in the property to be repaired, rehabilitated, or replaced when not all of the owners are occupying the property. HPG assistance may be made in such cases when: (i) The occupant has been living in the house for at least 1 year prior to the date of requesting assistance; (ii) The grantee has no reason to believe the occupant's position of owner/occupant will be jeopardized as a result of the improvements to be made with HPG funds; and (iii) In the case of a loan, and to the extent possible, the co-owner(s) should also sign the security instrument. (3) A leasehold interest in the property to be repaired, rehabilitated, or replaced. When the potential HPG recipient's “ownership” interest in the property is based on a leasehold interest, the lease must be in writing and a copy must be included in the grantee's file. The unexpired portion… | |||
| 7:7:13.1.1.1.5.10.1.12 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.662 Eligibility of HPG assistance on rental properties or co-ops. | RHS | (a) Ownership. The owner(s) of rental properties or co-ops must own the dwelling at the time of receiving assistance from the HPG grantee. The dwelling must be located in a rural area and be in need of housing preservation assistance. Evidence of ownership may be a photostatic copy of the instrument evidencing ownership. Owners of rental properties and co-ops are required to submit evidence of ownership for retention in the grantee's files. Any of the following will satisfy or fulfill this requirement of ownership: (1) Full marketable title. (2) An undivided or divided interest in the property to be repaired or rehabilitated. (3) A leasehold interest in the property to be repaired or rehabilitated. Ownership interest in the property is based on a leasehold interest. The lease must be in writing and a copy must be included in the grantee's file. The unexpired portion of the lease must not be less than 5 years and must permit the recipient to make modifications to the structure without increasing the recipient's lease cost. (4) Land assignments may be accepted as evidence of ownership only for American Indians living on a reservation, when historically the permits have been used by the tribe and have had the comparable effect of a life estate. (b) Tenant eligibility. The following requirements must be met in order for a unit within a rental property or co-op to be assisted with HPG funds: (1) The tenant must have income that meets the very low- or low-income definition. (2) The tenant must be the intended occupant of the unit, but is not required to have resided previously in the dwelling. (3) Any owner(s) who receives assistance from an HPG grantee or a member of the immediate family of the owner(s), who also resides in the unit within the dwelling to be repaired or rehabilitated is eligible to have their unit repaired or rehabilitated, if they are income eligible and meet all other requirements. (c) Identity of interest. When an identity of interest, as defined in § 1924.4(i) of subpart A of part 1… | ||||
| 7:7:13.1.1.1.5.10.1.13 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.663 Ownership agreement between HPG grantee and rental property owner or co-op. | RHS | HPG assistance may be provided by a grantee with respect to rental properties or co-ops only if the following conditions are met by the rental property owner(s) or by the co-op during a minimum 5 year restrictive period beginning on the date agreed upon in the agreement between the grantee and the rental property owner (or co-op). The HPG grantee is responsible for preparing, executing, and monitoring for compliance, the ownership agreement with the owner(s) of the rental property or the co-op. The rental property owner(s) or the co-ops are required to enter into an ownership agreement with the grantee to assure compliance with the requirements of this section. (a) Ownership agreement. At a minimum, the ownership agreement must include the following clauses: (1) The owner(s) agrees to make the units repaired or rehabilitated available for occupancy to very low- or low-income persons for a period of not less than 5 years, such restrictive period beginning on the date agreed upon in the agreement between the grantee and the rental property owner(s) or co-op. (2) The owner(s) agrees to pass on to the tenants any reduction in the debt service payments resulting from the HPG assistance provided by the HPG grantee to the owner(s). (3) The owner(s) of rental properties agrees not to convert the units to condominium ownership. In the case of co-ops, the owner(s) agrees not to convert the dwelling(s) to condominium ownership or any form of cooperative ownership not eligible under this section. This paragraph (a)(3) is subject to the restrictive period noted in paragraph (a)(1) of this section. (4) The owner(s) agrees not to refuse to rent a unit to any person solely because the person is receiving or is eligible to receive assistance under any Federal, State, or local housing assistance program. (5) The owner(s) agrees that the units repaired or rehabilitated will be occupied or available for occupancy by persons of very low- or low-income. (6) The owner(s) agrees to enter into and abide by written leases with th… | ||||
| 7:7:13.1.1.1.5.10.1.14 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.664 Housing preservation and replacement housing assistance. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997] | (a) Grantees are responsible for providing loans, grants, or other comparable assistance to homeowners, owners of rental properties or co-ops for housing preservation or for replacement housing as described in § 1944.656. (b) HPG funds used for loans, grants, or interest reduction payments to provide rental repair and/or rehabilitation assistance to owners of rental properties or co-ops shall not exceed the requirement noted in § 1944.663(b)(1) of this subpart. (c) Authorized housing preservation assistance includes, but is not limited to, cost of labor and materials for: (1) Installation and/or repair of sanitary water and waste disposal systems, together with related plumbing and fixtures, which will meet local health department requirements; (2) Energy conservation measures such as: (i) Insulation; and (ii) Combination screen-storm windows and doors; (3) Repair or replacement of the heating system including the installation of alternative systems such as woodburning stoves or space heaters, when appropriate and if local codes permit; (4) Electrical wiring; (5) Repair of, or provision for, structural supports and foundations; (6) Repair or replacement of the roof; (7) Replacement of severely deteriorated siding, porches or stoops; (8) Alterations of the unit's interior or exterior to provide greater accessibility for any handicapped person; (9) For properties listed on or eligible for the National Register of Historic Places, activities associated with conforming repair and rehabilitation activities to the standards and/or design comments resulting from the consultation process contained in § 1944.673 of this subpart; (10) Necessary repairs to manufactured housing provided: (i) For homeowners only, the recipient owns the home and the site on which the home is situated and the homeowner has occupied that home on that site for at least 1 year prior to receiving HPG assistance; and (ii) For homeowners, owners of single- or multiple-unit rental properties, and co-ops, the manufactured housing is on … | |||
| 7:7:13.1.1.1.5.10.1.15 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.665 Supervision and inspection of work. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997] | Grantees are responsible for supervising all rehabilitation and repair work, as well as replacement housing financed with HPG assistance. After all HPG work has been completed, a final inspection must be done by a disinterested third party, such as local building and code enforcement officials. If there are no such officials serving the area where HPG activities will be undertaken, or if the grantee would also normally make such inspections, the grantee must use qualified contract or fee inspectors. | |||
| 7:7:13.1.1.1.5.10.1.16 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.666 Administrative activities and policies. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997; 79 FR 76011, Dec. 19, 2014] | Grant funds are to be used primarily for housing repair and rehabilitation activities. Use of grant funds for direct and indirect administrative costs is a secondary purpose and must not exceed 20 percent of the HPG funds awarded to the grantee. (a) Administrative expenses may include: (1) payment of reasonable salaries or contracts for professional, technical, and clerical staff actively assisting in the delivery of the HPG project. (2) Payment of necessary and reasonable office expenses such as office rental, supplies, utilities, telephone services, and equipment. (Any item of nonexpendable personal property having a unit value of $1,000 or more, acquired with HPG funds, will be specifically identified to Rural Development in writing.) (3) Payment of necessary and reasonable administrative costs such as workers' compensation, liability insurance, and the employer's share of Social Security and health benefits. Payments to private retirement funds are permitted if the grantee already has such a fund established and ongoing. (4) Payment of reasonable fees for necessary training of grantee personnel. (5) Payment of necessary and reasonable costs for an audit upon expiration of the grant agreement. (6) Other reasonable travel and miscellaneous expenses necessary to accomplish the objectives of the specific HPG grant which were anticipated in the individual HPG grant proposal and which have been approved as eligible expenses at the time of grant approval. (b) HPG administrative funds may not be used for: (1) Preparing housing development plans and strategies except as necessary to accomplish the specific objectives of the HPG project. (2) Substitution of any financial support previously provided or currently available from any other source. (3) Reimbursing personnel to perform construction related to housing preservation assistance. (Non-administrative funds may be used if construction is for housing preservation assistance under the provisions of § 1944.664(g) of this subpart. (4) Buying property of a… | |||
| 7:7:13.1.1.1.5.10.1.17 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.667 Relocation and displacement. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997] | (a) Relocation. Public bodies and agencies must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. The grantee must provide assistance for permanent or temporary relocation of displaced persons for units repaired or rehabilitated or for individual homes replaced with HPG assistance. HPG funds may be used to cover costs incurred in the relocation of displaced persons. The applicant shall include in its statement of activities, a statement concerning the temporary relocation of homeowners and/or tenants during the period of repairs and/or rehabilitation to the units or dwellings. Any contract or agreement between the homeowner and the grantee, as well as between the grantee and the owner(s) of rental properties and co-ops shall include a statement covering at a minimum; (1) The period of relocation (if any); (2) The name(s) of the party (or parties) who shall bear the cost of temporarily relocating; and (3) The name(s) of the party (or parties) who shall bear the cost of permanent relocation; and (4) If paragraphs (a) (2) or (3) of this section is the grantee, the maximum amount of temporary or permanent relocation costs proposed to be allowed. (b) Displacement. The applicant shall include in its statement of activities, a statement as to how its proposed HPG financial assistance program shall keep to a minimum the displacement of homeowners and/or tenants. | |||
| 7:7:13.1.1.1.5.10.1.18 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.668 Term of grant. | RHS | HPG projects may be funded under the terms of a grant agreement for a period of up to 2 years commencing on the date of execution of the grant agreement by the Rural Development approval official. Term of the project will be based upon HPG resources available for the proposed project and the accomplishability of the applicant's proposal within 1 or 2 years. Applicants requesting a 2 year term may be asked to develop a feasible 1 year program if sufficient funds are not available for a 2 year program. | ||||
| 7:7:13.1.1.1.5.10.1.19 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.669 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.10.1.2 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.652 Policy. | RHS | [62 FR 26208, May 13, 1997] | (a) The policy of RHS is to provide HPG's to grantees to operate a program which finances repair and rehabilitation activities to individual housing, rental properties, or co-ops for very low- and low-income persons. Individual housing that is owner occupied may qualify for replacement housing when it is determined by the grantee that the housing is not economically feasible for repair or rehabilitation. Grantees are expected to: (1) Coordinate and leverage funding for repair and rehabilitation activities, as well as replacement housing, with housing and community development organizations or activities operating in the same geographic area; and (2) Focus the program on rural areas and smaller communities so that it serves very low and low-income persons. (b) RHS intends to permit grantees considerable latitude in program design and administration. The forms or types of assistance must provide the greatest long-term benefit to the greatest number of persons residing in individual housing, rental properties, or co-ops needing repair and rehabilitation or replacement of individual housing. (c) Repairs and rehabilitation or replacement activities affecting properties on or eligible for listing on the National Register of Historic Places will be accomplished in a manner that supports national historic preservation objectives as specified in § 1944.673. | |||
| 7:7:13.1.1.1.5.10.1.20 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.670 Project income. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997; 79 FR 76011, Dec. 19, 2014] | (a) Project income during the grant period from loans made to homeowners, owners of rental properties, and co-ops is governed by 2 CFR part 200 as adopted by USDA through 2 CFR part 400. All income during the grant period, including amounts recovered by the grantee due to breach of agreements between the grantee and the HPG recipient, must be used under (and in accordance with) the requirements of the HPG program. (b) Grantees are encouraged to establish a program which reuses income from loans after the grant period for continuing repair and rehabilitation activities, as well as for individual housing replaced. | |||
| 7:7:13.1.1.1.5.10.1.21 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.671 Equal opportunity requirements and outreach efforts. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997] | The policies and regulations contained in subpart E of part 1901 of this chapter apply to grantees under this subpart. (a) Fair housing. The Fair Housing Act prohibits any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making loans, grants, or other financial assistance for a unit or dwelling, or which will be secured by a unit or dwelling, because of race, color, religion, sex, national origin, age, familial status, or handicap/disability. Prohibited practices under this section include: (1) Failing to provide any person in connection with a residential real estate-related transaction, information regarding the availability of loans, grants, or other financial assistance, or providing information that is inaccurate or different from that provided others; and (2) The term residential and real estate-related transaction includes the making or purchasing of loans, grants, or other financial assistance for purchasing, constructing, improving, repairing, or rehabilitating a unit or dwelling, as well as for replacement housing for individual homeowners. (b) Outreach. In addition, the HPG grantee is required to address an outreach effort in their program. The amount of outreach should sufficiently reach the entire service area. As a measure of compliance, the percentages of the individuals served by the HPG grantee should be in proportion to the percentages of the population of the service area by race/national origin. If the percentages are not proportional, then adequate justification is to be made. Exhibit E-1 of this subpart (available in any Rural Development office) will be used to monitor these requirements. (Further explanation and guidance of exhibit E-1 can be found in exhibit E-2 of this subpart which is available in any Rural Development office). A separate file will be maintained by the grantee that will include the following outreach activities: (1) Community contacts to community organizations, community l… | |||
| 7:7:13.1.1.1.5.10.1.22 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.672 Environmental review requirements. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26210, May 13, 1997; 81 FR 11031, Mar. 2, 2016; 82 FR 19319, Apr. 27, 2017] | Grants made under this subpart must comply with the environmental review requirements in accordance with 7 CFR part 1970. (a) The approval of an HPG grant for the repair, rehabilitation, or replacement of dwellings is classified as a Categorical Exclusion, pursuant to § 1970.53. As part of their pre-application materials, applicants shall submit environmental documentation in accordance with 7 CFR part 1970, for the geographical areas proposed to be served by the program. The applicant shall refer to part 1944 subpart N exhibit F-1. (b) The use of HPG funds by the grantee to repair, rehabilitate, or replace on the same site, specific dwellings is generally exempt from an RHS environmental review. However, if such dwellings are located in a floodplain, wetland, or the proposed work is not concurred in by the Advisory Council on Historic Preservation under the requirements of § 1944.673, an RHS environmental review is required. Dwellings within the Coastal Barrier Resources System are not eligible for HPG assistance. Applicants must include in their preapplication a process for identifying dwellings that may receive housing preservation or replacement housing assistance that will require an environmental assessment. This may be accomplished through use of exhibit F-2 of this subpart (available in any Rural Development State or District Office) or another process supplying similar information acceptable to RHS. (c) If a specific dwelling is not located in a floodplain, wetland, or the proposed work is concurred in by the Advisory Council on Historic Preservation under the requirements of § 1944.673 of this subpart, no environmental review is required by Rural Development. The grantee only needs to indicate its review and compliance with this subpart, indicating such in each recipient's file in accordance with paragraph (e) of this section. (d) When an HPG proposal does not qualify as a categorical exclusion under § 1970.53 and may require either an environmental report under § 1970.54 or an environmental assessm… | |||
| 7:7:13.1.1.1.5.10.1.23 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.673 Historic preservation and replacement housing requirements and procedures. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26211, May 13, 1997] | (a) Rural Development has entered into a Programmatic Memorandum of Agreement (PMOA) with the National Conference of State Historic Preservation Officers (SHPO) and the Advisory Council on Historic Preservation in order to implement the specific requirements regarding historic preservation contained in section 533 of the Housing Act of 1949, 42 U.S.C. 1490(m) of the enabling legislation. The PMOA, with attachments, can be found in RD Instruction 2000-FF (available in any Rural Development office). A copy of the PMOA will be provided to each applicant for a HPG as part of the preapplication package specified in paragraph II of exhibit C of this subpart (available in any Rural Development office). (b) Each applicant for an HPG grant will provide, as part of its preapplication documentation submitted to RHS, a description of its proposed process for assisting very low-and low-income persons owning historic properties needing rehabilitation, repair, or replacement. “Historic properties” are defined as properties that are listed or eligible for listing on the National Register of Historic Places. Each HPG proposal shall comply with the provisions of Stipulation I, A-G of the PMOA (RD Instruction 2000-FF), available in any Rural Development State or District Office. Should RHS be required to assume responsibility for compliance with 36 CFR part 800 in accordance with Stipulation III of the PMOA, the grantee will assist RHS in preparing an environmental assessment. RHS will work with the grantee to develop alternative actions or mitigation measures, as appropriate. (c) Such assumption of responsibility by Rural Development on a particular property shall not preclude the grantee from carrying out the requirements of 36 CFR part 800 on other properties as though it were a Federal agency, but no work may be commenced on any unit or dwelling in controversy until and unless so advised by Rural Development. | |||
| 7:7:13.1.1.1.5.10.1.24 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.674 Public participation and intergovernmental review. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 76 FR 80731, Dec. 27, 2011] | (a) In preparing its statement of activities, the applicant is responsible for consulting with leaders from the county, parish and/or township governments of the area where HPG activities will take place for the purpose of assuring that the proposed HPO program is beneficial and does not duplicate current activities. American Indian nonprofit organization applicants should obtain the written concurrence of the tribal governing body in lieu of consulting with the county governments when the program is operated only on tribal land. (b) The applicant must also make its statement of activities available to the public for comment. The applicant must announce the availability of its statement of activities for review in a newspaper of general circulation in the project area and allow at least 15 days for public comment. The start of this 15-day period must occur no later than 16 days prior to the last day for acceptance of preapplications by Rural Development. (c) The HPG program is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. These requirements are set forth in U.S. Department of Agriculture regulations 7 CFR part 3015, subpart V, and RD Instruction 1970-I, ‘Intergovernmental Review,’ available in any Agency office or on the Agency's Web site. Prospective applicants for HPG grants must submit its statement of activities to the State single point of contact prior to submitting their preapplication to Rural Development. Evidence of submittal of the statement of activities to the State single point of contact is to be submitted with a preapplication. Comments and recommendations made through the intergovernmental review process are for the purpose of assuring consideration of State and local government views. The name of the State single point of contact is available from any Rural Development office. This section does not apply to American Indian tribes, bands, groups, etc., as noted in § 1944.656 of this subpart. | |||
| 7:7:13.1.1.1.5.10.1.25 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.675 Allocation of HPG funds to States and unused HPG funds. | RHS | The allocation and distribution of HPG funds is found in § 1940.578 of subpart L of part 1940 of this chapter. | ||||
| 7:7:13.1.1.1.5.10.1.26 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.676 Preapplication procedures. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 79 FR 76011, Dec. 19, 2014; 81 FR 11031, Mar. 2, 2016] | (a) All applicants will file an original and two copies of Standard Form (SF) 424.1, “Application For Federal Assistance (For Nonconstruction),” and supporting information with the appropriate Rural Development office. A preapplication package, including SF-424.1, is available in any Rural Development office. (b) All preapplications shall be accompanied by the following information which Rural Development will use to determine the applicant's eligibility to undertake the HPG program and to evaluate the preapplication under the project selection criteria of § 1944.679 of this subpart. (1) A statement of activities proposed by the applicant for its HPG program as appropriate to the type of assistance the applicant is proposing, including: (i) A complete discussion of the type of and conditions for financial assistance for housing preservation, including whether the request for assistance is for a homeowner assistance program, a rental property assistance program, or a co-op assistance program; (ii) The process for selecting recipients for HPG assistance, determining housing preservation needs of the dwelling, performing the necessary work, and monitoring/inspecting work performed; (iii) A description of the process for identifying potential environmental impacts in accordance with § 1944.672 of this subpart, and the provisions for compliance with Stipulation I, A-G of the PMOA (RD Instruction 2000-FF available in any Rural Development office) in accordance with § 1944.673 (b) of this subpart. With the exception of Stipulation I, D of the PMOA, this may be accomplished by adoption of exhibit F-2 of this subpart (available in any Rural Development office), or another process supplying similar information acceptable to Rural Development; (iv) The development standard(s) the applicant will use for the housing preservation work; and, if not the Rural Development development standards for existing dwellings, the evidence of its acceptance by the jurisdiction where the grant will be implemented; (v) The time schedu… | |||
| 7:7:13.1.1.1.5.10.1.27 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.677 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.10.1.28 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.678 Preapplication submission deadline. | RHS | Dates governing the invitation and review of HPG preapplications will be published annually in the Federal Register and may be obtained from Rural Development offices processing HPG preapplications. Preapplications received after the date specified in the Federal Register will not be considered for funding in that fiscal year and will be returned. | ||||
| 7:7:13.1.1.1.5.10.1.29 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.679 Project selection criteria. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 73 FR 36269, June 26, 2008] | (a) Applicants must meet all of the following threshold criteria: (1) Provide a financially feasible program of housing preservation assistance. Financially feasible is defined as proposed assistance which will be affordable to the intended recipient or result in affordable housing for very low- and low-income persons; (2) Serve eligible rural areas with a concentration of substandard housing for households with very low- and low-income; (3) Be an eligible applicant entity as defined in § 1944.658 of this subpart; (4) Meet the requirements of consultation and public comment in accordance with § 1944.674 of this subpart; and (5) Submit a complete preapplication as outlined in § 1944.676 of this subpart. (b) For applicants meeting all of the requirements listed in paragraph (a) of this section, Rural Development will use the weighted criteria in this paragraph (b) in the selection of grant recipients. Each preapplication and its accompanying statement of activities will be evaluated and, based solely on the information contained in the preapplication, the applicant's proposal will be numerically rated on each criteria within the range provided. The highest ranking applicant(s) will be selected based on allocation of funds available to the State. Exhibit D of this subpart (available in any Rural Development office) will be used to document the rating. (1) Points are awarded based on the percentage of very low-income persons that the applicant proposes to assist, using the following scale: (i) More than 80%: 20 points. (ii) 61% to 80%: 15 points. (iii) 41% to 60%: 10 points. (iv) 20% to 40%: 5 points. (v) Less than 20%: 0 points. (2) The applicant's proposal may be expected to result in the following percentage of HPG fund use (excluding administrative costs) to total cost of unit preservation. This percentage reflects maximum repair or rehabilitation with the least possible HPG funds due to leveraging, innovative financial assistance, owner's contribution or other specified approaches. Points are awar… | |||
| 7:7:13.1.1.1.5.10.1.3 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.653 Objective. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26209, May 13, 1997] | The objective of the HPG program is to repair or rehabilitate individual housing, rental properties, or co-ops owned and/or occupied by very low- and low-income rural persons. Grantees will provide eligible homeowners, owners of rental properties, and owners of co-ops with financial assistance through loans, grants, interest reduction payments or other comparable financial assistance for necessary repairs and rehabilitation. Further, individual housing that is owner occupied may qualify for replacement housing when it is determined by the grantee that the housing is not economically feasible for repair or rehabilitation, except as specified in § 1944.659. | |||
| 7:7:13.1.1.1.5.10.1.30 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.680 Limitation on grantee selection. | RHS | After all preapplications have been reviewed under the selection criteria and if more than one preapplication has met the criteria of § 1944.679(a) of this subpart, the State Director or approval official may not approve more than 50 percent of the State's allocation to a single entity. | ||||
| 7:7:13.1.1.1.5.10.1.31 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.681 Application submission. | RHS | Applicants selected by Rural Development will be advised to submit a full application in an original and two copies of SF 424.1, and are to include any condition or amendments that must be incorporated into the statement of activities prior to submitting a full application. Instructions on submission and timing will be provided by FmHA or its successor agency under Public Law 103-354. | ||||
| 7:7:13.1.1.1.5.10.1.32 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.682 Preapplication/application review, grant approval, and requesting HPG funds. | RHS | The Rural Development offices processing HPG preapplications/applications will review the preapplications and applications submitted. Further review and actions will be taken by Rural Development personnel in accordance with exhibit C of this subpart (available in any Rural Development office). Exhibit G of this subpart (available in any Rural Development office) will be used by the State Office to notify the National Office of preapplications received, eligibility, ranking, number of proposed units, amount requested by applicants, and amount recommended by State Office. Preapplications determined not eligible and/or not meeting the selection criteria will be notified in the manner prescribed in exhibit C of this subpart (available in any Rural Development office). In addition, Rural Development will document its findings and advise the applicant of its review rights or appeal rights (if applicable) under subpart B of part 1900 of this chapter. Applications determined not eligible will be handled in the same manner. The preapplications or applications determined incomplete will be notified in the manner prescribed in exhibit C of this subpart (available in any Rural Development office) and will not be given appeal rights. The State Director is authorized to approve an HPG in accordance with this subpart and subpart A of part 1901 of this chapter. The State Director may delegate this authority in writing to designated State Office personnel and District Directors. Further: (a) Grant approval is the process by which Rural Development determines that all applicable administrative and legal conditions for making a grant have been met, the grant agreement is signed, and funds have been obligated for the HPG project. If acceptable, the approval official will inform the applicant of approval, having the applicant sign Form RD 1940-1, “Request for Obligation of Funds,” and exhibit A of this subpart (available in any Rural Development office). The applicant will be sent a copy of the executed grant agreement and Form RD … | ||||
| 7:7:13.1.1.1.5.10.1.33 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.683 Reporting requirements. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26211, May 13, 1997] | (a) SF-269, “Financial Status Report,” is required of all grantees on a quarterly basis. Grantees shall submit an original and two copies of the report to the designated Rural Development servicing office. When preparing the Financial Status Report, the total program outlays (Item 10, g, of SF-269) should be less any rebates, refunds, or other discounts. Reports must be submitted no later than 15 days after the end of each calendar quarter. (b) Quarterly performance reports shall be submitted by grantees with SF-269, in an original and two copies (see exhibit E-1 or this subpart which is available in any Rural Development office.) The quarterly report should relate the activities during the report period to the project's objectives and analyze the effectiveness of the program. As part of the grantee's preapplication submission, as required by § 1944.676(b) of this subpart, the grantee establishes its objectives for the HPG program, including its method of evaluation to determine its effectiveness. Accordingly, the report must include, but need not be limited to, the following: (1) Use of HPG funds for administration and housing preservation activities. (2) The following specific information for each unit or dwelling assisted: (i) Name(s), address, and income(s) of each homeowner assisted or the name and address of the owner(s) or co-op for each rental property (single or multi-unit) or co-op assisted; (ii) Total cost of repair/rehabilitation, a list of major repairs made, amount financed by HPG, and amount financed from which other sources; (iii) Type of assistance provided (interest subsidy, loan, grant, etc.); and (iv) Results of implementing the environmental process contained in § 1944.672 of this subpart and the historic preservation process contained in § 1944.673 of this subpart. (3) The use of HPG and any other funds for replacement housing. (4) A comparison of actual accomplishments to the objectives set for that period, including: (i) The number of very low- and low-income, minority and nonmin… | |||
| 7:7:13.1.1.1.5.10.1.34 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.684 Extending grant agreement and modifying the statement of activities. | RHS | (a) All requests extending the original grant agreement or modifying the HPG program's statement of activities must be in writing. Such requests will be processed through the designated Rural Development office servicing the project. The approval official will respond to the applicant within 30 days of receipt of the request. (b) A grantee may request an extension of the grant agreement prior to the end of the project term specified in the grant agreement if the grantee anticipates that there will be grant funds remaining and the grantee has demonstrated its ability to conduct its program in a manner satisfactory to Rural Development. The approval official may approve an extension when: (1) The grantee is likely to complete or exceed the goals outlined in the approved statement of activities; and (2) The Rural Development office responsible for servicing the grant recommends continuation of the grant until the grantee has expended all of the remaining grant funds. (c) Modifications to the statement of activities, such as revising the processes the grantee follows in operating the HPG program, may be approved by the approval official when the modifications are for eligible purposes in accordance with §§ 1944.664 and 1944.666 of this subpart, meet any applicable review and process requirements of this subpart, and the program will continue to serve the geographic area originally approved. The grantee will submit its proposed revisions together with the necessary supporting information to Rural Development prior to modifying its operation from the approved statement of activities. (d) Exhibit B of this subpart (available in any Rural Development office) will be used for all extensions on and modifications to the grant agreement. | ||||
| 7:7:13.1.1.1.5.10.1.35 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.685 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.10.1.36 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.686 Additional grants. | RHS | An additional HPG grant may be made when the grantee has achieved or nearly achieved the goals established for the previous or existing grant. The grantee must file a preapplication for the current fiscal year which will be processed and compared under the project selection criteria to others submitted at that time. | ||||
| 7:7:13.1.1.1.5.10.1.37 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.687 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.10.1.38 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.688 Grant evaluation, closeout, suspension, and termination. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 79 FR 76011, Dec. 19, 2014] | (a) Grant evaluation will be an on-going activity performed by both the grantee and Rural Development. The grantee will perform self-evaluations by preparing quarterly performance reports in accordance with § 1944.683 of this subpart. Rural Development will also review all reports prepared and submitted by the grantee in accordance with the grant agreement and this subpart. (b) The grant can be suspended or terminated before the grant ending date for the causes specified in the grant agreement. No further grant funds will be advanced when grant suspension or termination procedures have been initiated in accordance with the grant agreement. Grantees may be reimbursed for eligible costs incurred prior to the effective date of the suspension or termination. Grantees are prohibited from incurring additional obligations of funds after notification, pending corrective action by the grantee. Rural Development may allow necessary and proper costs that the grantee could not reasonably avoid during the period of suspension provided they are for eligible HPG purposes. In the event of termination, Rural Development may allow necessary and reasonable costs for an audit. (c) Grantees will have the opportunity to appeal a suspension or termination under Rural Development's appeal procedures under subpart B of part 1900 of this chapter. (d) The grantee will complete the closeout procedures as specified in the grant agreement. (e) The grantee will have an audit performed upon termination or completion of the project in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400, as applicable. As part of its final report, the grantee will address and resolve all audit findings. | |||
| 7:7:13.1.1.1.5.10.1.39 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.689 Long-term monitoring by grantee. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 79 FR 76011, Dec. 19, 2014] | (a) The grantee is required to perform long-term monitoring on any housing preservation program involving rental properties and co-ops. This monitoring shall be at least on an annual basis and shall consist of, at a minimum, the following: (1) All requirements noted in § 1944.663 of this subpart; (2) All requirements of the “ownership agreement” executed between the grantee and the rental property owner or co-op; and (3) All requirements noted in 2 CFR part 200 as adopted by USDA through 2 CFR part 400 during the effective period of the grant agreement. (b) The grantee is required to make available to Rural Development any such information as requested by Rural Development concerning the above. The grantee shall submit to the Rural Development servicing office an annual report every year while the ownership agreement is in effect. This report shall be submitted within 15 days after the anniversary date or end of the grant agreement. At a minimum, the report will consist of a statement that the grantee is in compliance with this subpart. (c) All files pertaining to such rental property owner or co-op shall be kept separate and shall be maintained for a period of 3 years after the termination date of the ownership agreement. | |||
| 7:7:13.1.1.1.5.10.1.4 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.654 Debarment and suspension—drug-free workplace. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 61 FR 39851, July 31, 1996] | (a) For purposes of this subpart, exhibit A of RD Instruction 1940-M (available in any Agency office) requires all Rural Development applicants; for an HPG to sign and submit with their preapplication, Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions,” which basically states that the applicant has not been debarred or suspended from Government assistance. Further, all grantees after receiving a HPG must obtain a signed certification (Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions”) from all persons or entities (excluding homeowner recipients) that the grantee does business with as a result of the HPG. Grantees are responsible for informing these persons or entities of the provisions of exhibit A of RD Instruction 1940-M (available in any Agency office) and of maintaining Form AD-1048 in the grantee's office. (b) Grantees must also be made aware of the Drug-free Workplace Act of 1988 requirements found in exhibit A of RD Instruction 1940-M (available in any Rural Development office). For this subpart, a grantee is defined as any organization who applies for or receives a direct grant from Rural Development. All preapplications must include a signed Form AD-1049, “Certification Regarding Drug-free Workplace Requirements (Grants) Alternative I—Grants Other Than Individuals.” | |||
| 7:7:13.1.1.1.5.10.1.40 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.690 Exception authority. | RHS | The Under Secretary for Rural Development (or designee) may, in individual cases, make an exception to any requirements of this subpart not required by the authorizing statute if the Administrator finds that application of such requirement would adversely affect the interest of the Government, or adversely affect the accomplishment of the purposes of the HPG program, or result in undue hardship by applying the requirement. The Administrator or the Assistant Administrator for Housing may exercise this exception authority at the request of the State Director. The request must be supported by information demonstrating the adverse impact, citing the particular requirement involved, recommending proper alternative course(s) of action, and outlining how the adverse impact could be mitigated. Exception to any requirement may also be initiated by the Assistant Administrator for Housing. | ||||
| 7:7:13.1.1.1.5.10.1.41 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | §§ 1944.691-1944.699 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.10.1.42 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.700 OMB control number. | RHS | [62 FR 26211, May 13, 1997] | According to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for the information collection in this subpart is 0575-0115. | |||
| 7:7:13.1.1.1.5.10.1.5 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.655 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.10.1.6 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.656 Definitions. | RHS | [58 FR 21894, Apr. 26, 1996, as amended at 61 FR 39851, July 31, 1996; 62 FR 26209, May 13, 1997; 67 FR 78329, Dec. 24, 2002; 69 FR 69105, Nov. 26, 2004; 72 FR 70221, Dec. 11, 2007; 73 FR 36268, June 26, 2008] | References in this subpart to District, State, National and Finance Offices, and to District Director, State Director, and Administrator refer to Rural Development offices and officials and should be read as prefaced by Rural Development. Terms used in this subpart have the following meanings: Adjusted income. As defined in 7 CFR 3550.54(c). Applicant or grantee. Any eligible organization which applies for or receives HPG funds under a grant agreement. Cooperative (co-op). For the purposes of the HPG program, a cooperative (co-op) is one which: (1) Is a corporation organized as a consumer cooperative; (2) Will operate the housing on a nonprofit basis solely for the benefit of the occupants; and (3) Is legally precluded from distributing, for a minimum period of 5 years from the date of HPG assistance from the grantee, any gains or profits from operation of the co-op. For this purpose, any patronage refunds to occupants of the co-op would not be considered gains or profits. A co-op may accept non-members as well as members for occupancy in the project. Grant agreement. The contract between Agency and the grantee which sets forth the terms and conditions under which HPG funds will be made available. (See exhibit A of this subpart which is available in any Agency office.) Homeowner. For the purposes of the HPG program, a homeowner is one who can meet the conditions of income and ownership under § 1944.661 of this subpart. Household. For the purposes of the HPG program, a household is defined as all persons living all or part of the next 12 months in a unit or dwelling assisted with HPG funds. Housing preservation. The repair and rehabilitation activities that contribute to the health, safety, and well-being of the occupant, and contribute to the structural integrity or long-term preservation of the unit. As a result of these activities, the overall condition of the unit or dwelling must be raised to meet Thermal Standards for existing structures adopted by the locality/jurisdiction and applicable de… | |||
| 7:7:13.1.1.1.5.10.1.7 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.657 Restrictions on lobbying. | RHS | All applicants must comply with RD Instruction 1940-Q (available in any Rural Development office) which prohibits applicants of Federal grants from using appropriated funds for lobbying the Federal Government in connection with a specific grant. | ||||
| 7:7:13.1.1.1.5.10.1.8 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.658 Applicant eligibility. | RHS | [58 FR 21894, Apr. 26, 1993, as amended at 62 FR 26209, May 13, 1997; 79 FR 76011, Dec. 19, 2014] | (a) To be eligible to receive a grant, the applicant must: (1) Be an organization as defined in § 1944.656 of this subpart; (2) Have the necessary background and experience on the part of its staff or governing body with proven ability to perform responsibility in the field of low-income rural housing development, repair and rehabilitation, or have other business management or administrative experience which indicates an ability to operate a program providing repair and rehabilitation financial assistance as well as for replacement housing; (3) Legally obligate itself to administer HPG funds, provide an adequate accounting of the expenditure of such funds in compliance with the terms of this regulation, the grant agreement, and 2 CFR part 200 as adopted by USDA through 2 CFR part 400 (available in any Rural Development office), as appropriate, and comply with the grant agreement and Rural Development regulations; and (4) If the applicant is engaged in or plans to become engaged in any other activities, provide sufficient evidence and documentation that they have adequate resources, including financial resources, to carry on any other programs or activities to which they are committed without jeopardizing the success and effectiveness of the HPG project. (b) An applicant will not be considered eligible if it is a nonprofit entity and its proposal is based solely on an identity of interest, as defined in § 1924.4(i) of subpart A of part 1924 of this chapter, between the applicant and the owner(s) of the proposed dwelling or co-op to be rehabilitated or repaired. | |||
| 7:7:13.1.1.1.5.10.1.9 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | N | Subpart N—Housing Preservation Grants | § 1944.659 Replacement housing. | RHS | [62 FR 26209, May 13, 1997] | Replacement housing applies only to existing, individual owner occupied housing. Replacement housing does not apply to rental properties (single-unit or multiple-unit) or to cooperative housing projects. The grantee is responsible for determining the extent of the repairs and rehabilitation prior to any assistance given to an individual homeowner. If the cost of such repairs and rehabilitation is not economically feasible, then the grantee may consider replacing the existing housing with replacement housing, subject to the following: (a) The HPG grantee: (1) Shall document the total costs for all repairs and rehabilitation of the existing housing; and (2) Shall document the basis for the determination that the costs for all repairs and rehabilitation for the existing housing are not economically feasible. (b) The individual homeowner: (1) Must meet all requirements of § 1944.661; (2) Must lack the income and repayment ability to replace their existing home without the assistance of the HPG grantee; (3) Must have been determined by the HPG grantee and RHS to be unable to afford a loan under section 502 for replacement housing; and (4) Must be able to afford the replacement housing on terms set forth by the HPG grantee. (c) The existing home: (1) Must be demolished as part of the process of providing replacement housing. It will be determined by the grantee and individual homeowner when is the best time for demolition; and (2) May not be sold to make way for the replacement housing. (d) The replacement housing: (1) May be either new housing or a dwelling brought onto the site of the existing housing; (2) May use no more than $15,000 in HPG funds; (3) Must meet all applicable requirements of 7 CFR 3550.57; and (4) May not be sold within 5 years of completion of the project. (e) Any moneys received by the homeowner from selling salvaged material after demolishing the existing home must be used towards the replacement housing. | |||
| 7:7:13.1.1.1.5.2.1.1 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.51 Objective. | RHS | This subpart states the policies and procedures for making grants under section 509 of the Housing Act of 1949, as amended (42 U.S.C. 1479). Grants reimburse eligible organizations for part or all of the costs of conducting, administering, and coordinating an effective housing application packaging program in colonias and designated counties. Eligible organizations will aid very low- and low-income individuals and families in obtaining benefits from Federal, State, and local housing programs. The targeted groups are very low- and low-income families without adequate housing who will receive priority for recruitment and participation and nonprofit organizations able to propose rental or housing rehabilitation assistance benefitting such families. These funds are available only in the areas defined in exhibit D of this subpart. Participants will assist very low- and low-income families in solving their housing needs. One way of assisting is to package single family housing applications for families wishing to buy, build, or repair houses for their own use. Another way is to package applications for organizations wishing to develop rental units for lower income families. The intent is to make Rural Development housing assistance programs available to very low- and low-income rural residents in colonias and designated counties. Rural Development will reimburse eligible organizations packaging loan/grant applications without discrimination because of race, color, religion, sex, national origin, age, familial status, or handicap if such an organization has authority to contract. | ||||
| 7:7:13.1.1.1.5.2.1.10 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.68 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.2.1.11 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.69 Agency point of contact. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996] | Grantees must submit packages to the appropriate Agency office serving the designated county and/or colonias. Packages for Single Family Housing loans/grants are submitted to the appropriate County Office. All other packages are submitted to the appropriate District Office. The applicable forms required to develop a package can be obtained in any District or County Office. Packagers should coordinate their packaging activity with the appropriate District and County Offices. | |||
| 7:7:13.1.1.1.5.2.1.12 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.70 Targeting of HAPG funds to States. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996] | (a) HAPG funds will be distributed administratively by the Administrator to achieve the success of the program. Allocations will be distributed to States as set forth in Attachment 2 of exhibit A of subpart L of part 1940 of this chapter. (b) The State Director will determine based on the housing funds available and the personnel available, how many applications can be processed for each program during the fiscal year in each Agency office serving a designated county and/or colonias. The number of applications will be published in the advertisement required under § 1944.72 of this subpart. | |||
| 7:7:13.1.1.1.5.2.1.13 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.71 Term of grant. | RHS | (a) For Single Family Housing loans/grants, HAPG funds will be specifically available for designated counties. Packages may be submitted after the annual housing application packaging orientation and training is held. The grant period will end when sufficient packages are received for each designated county or colonia or on September 30, of the fiscal year, whichever is earlier. The State Director must send notification, in the form of a letter, to all packagers who attended the packaging orientation and training that the number of applications specified in the advertisement required under § 1944.72 of this subpart have been received. Any packages submitted after this date will be paid for only if the grantee can demonstrate the package was prepared in good faith and prior to receipt of the above notification. (b) For Multi-Family Housing loans/grants, HAPG funds will be available for designated areas or colonias to the extent specified in Rural Development's advertisement. Preapplications approved in one fiscal year, for which grant funds were obligated, may have the balance disbursed in a later fiscal year when the application is submitted and approved. | ||||
| 7:7:13.1.1.1.5.2.1.14 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.72 Application packaging orientation and training. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996] | Agency approval officials will orient and train organizations on how to package. A newspaper advertisement will be published by Agency offices serving designated counties and/or colonias after October 1. The advertisement will announce that application packaging services are being requested and specify the date of the certification training. All eligible organizations may attend this training. This date will be no more than 30 days after the advertisement appears in the newspaper and no later than December 31 of any year. The advertisement will include the estimated number of packages needed by loan type, i.e. , Single Family, Multi-Family, etc. Exhibit A of this subpart (available in any Agency office) is an example of an appropriate advertisement. “Certificates of Training” as required under § 1944.53 of this subpart will be signed by the State Director and given after completion of the training. Efforts will be made by the appropriate Agency office to complete this training process and certify packagers as quickly as possible. Grantees must attend this training each year in order to qualify for assistance. | |||
| 7:7:13.1.1.1.5.2.1.15 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.73 Package submission. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 67 FR 78328, Dec. 24, 2002] | (a) When submitting its first package to a Rural Development office, in addition to the item in paragraph (b) of this section and the information set forth in exhibit C of this subpart, the organization must submit the following. A file of these documents will be established in the Rural Development office and retained in accordance with RD Instruction 2033-A (available in any Rural Development office). (1) Proof of their nonprofit status under section 501(c)(3) or section 501(c)(4) of the Internal Revenue Code of 1986 or of their existence as a state agency or unit of general local government legally authorized to work in the designated county and/or colonias. If the Rural Development approval official is in doubt about the legal status of the organization, the evidence will be sent to the State Director. The State Director may, if needed, submit the above documents with any comments or questions to the Office of General Counsel (OGC) for an opinion as to whether the applicant is a legal organization of the type required by these regulations. (2) An original and copy of Forms RD 400-1, “Equal Opportunity Agreement,” and RD 400-4, “Assurance Agreement.” (3) A copy of a current “Certificate of Training” pertaining to the type of application package submitted. (b) All packages must contain a signed statement which states, “Neither the organization nor any of its employees have charged, received or accepted compensation from any source other than Rural Development for packaging this application and are not associated with or represent anyone other than the applicant in this transaction.” (c) Form SF-270, “Request for Advance or Reimbursement” will be submitted with each application package for the amount authorized for the specific loan type in exhibit B of this subpart. (d) The Rural Development approval official will review each package for completeness, accuracy, and conformance to program policy and regulations. Cost reimbursement will be made in accordance with exhibit B of this subpart. Packagers that su… | |||
| 7:7:13.1.1.1.5.2.1.16 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.74 Debarment or suspension. | RHS | [70 FR 7651, Feb. 15, 2005] | Certified packagers whose actions or acts warrant they not be allowed to participate in the program are to be investigated in accordance with agency procedures (available in any Rural Development office). | |||
| 7:7:13.1.1.1.5.2.1.17 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.75 Exception authority. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 67 FR 78328, Dec. 24, 2002] | The Administrator may, in individual cases, make an exception to any requirement or provision of this subpart which is not inconsistent with the authorizing statute or other applicable law if the Administrator determines that the Government's interest would be adversely affected. The Administrator will exercise this authority only at the request of the State Director and recommendation of the Deputy Administrator, Single Family Housing. Requests for exceptions must be in writing by the State Director and supported with documentation to explain the adverse effect on the Government's interest and/or impact on the applicant, borrower, or community, proposed alternative courses of action, and show how the adverse effect will be eliminated or minimized if the exception is granted. | |||
| 7:7:13.1.1.1.5.2.1.18 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | §§ 1944.76-1944.99 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.2.1.19 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.100 OMB control number. | RHS | The reporting and recordkeeping requirements contained in this regulation have been approved by the Office of Management and Budget and have been assigned OMB control number 0575-0157. Public reporting burden for this collection of information is estimated to vary from 30 minutes to five hours per response, with an average of 3 hours per response including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, DC 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB #0575-0157), Washington, DC 20503. | ||||
| 7:7:13.1.1.1.5.2.1.2 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.52 Definitions. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 80 FR 9885, Feb. 24, 2015] | References in this subpart to County, District, State, National and Finance Offices, and to County Supervisor, District Director, State Director, and Administrator refer to Rural Development offices and officials and should be read as prefaced by Rural Development. Terms used in this subpart have the following meanings: Colonias. As defined in exhibit C of subpart L of part 1940 of this chapter. Complete application package (hereafter called package). The package submitted to the appropriate Rural Development office which is considered acceptable in accordance with exhibit C of this subpart. Cost reimbursement. Amount determined by the Administrator that equals the customary and reasonable costs incurred in preparing a package for a loan or grant. These amounts are included in exhibit B of this subpart. Designated counties. These counties are listed in exhibit D of this subpart. The counties meet the following criteria: (1) Twenty percent or more of the county population is at or below the poverty level based on the most recent 5-year survey of the American Community Survey of the Census Bureau or other Census Bureau data if needed; and (2) Ten percent or more of the occupied housing units are substandard based on the most recent decennial Census of the United States. Organization. Any of the following entities which are legally authorized to work in designated counties and/or colonias and are: (1) A State, State agency, or unit of general local government or; (2) A private nonprofit organization or corporation that is owned and controlled by private persons or interests, is organized and operated for purposes other than making gains or profits for the corporation, and is legally precluded from distributing any gains or profits to its members. Packager. Any eligible organization which is reimbursed with Housing Application Packaging Grants (HAPG) funds. Technical assistance. Any assistance necessary to carry out housing efforts by or for very low- and low-income individuals/families to improve t… | |||
| 7:7:13.1.1.1.5.2.1.3 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.53 Grantee eligibility. | RHS | An eligible grantee is an organization as defined in § 1944.52 of this subpart and has received a current “Certificate of Training” pertaining to the type of application being packaged. In addition, the grantee must: (a) Have the financial, legal, and administrative capacity to carry out the responsibilities of packaging housing applications for very low- and low-income applicants. To meet this requirement it must have the necessary background and experience with proven ability to perform responsibly in the field of housing application packaging, low-income housing development, or other business or administrative ventures which indicate an ability to perform responsibly in this field of housing application packaging. (b) Legally obligate itself to administer grant funds, provide adequate accounting of the expenditure of such funds, and comply with Rural Development regulations. (c) If the organization is a private nonprofit corporation, be a corporation that: (1) Is organized under State and local laws. (2) Is qualified under section 501(c)(3) of the Internal Revenue Code of 1986. (3) Has as one of its purposes assisting very low- and low-income families to obtain affordable housing. | ||||
| 7:7:13.1.1.1.5.2.1.4 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | §§ 1944.54-1944.61 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.2.1.5 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.62 Authorized representative of the applicant. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996] | RHS or its successor agency under Public Law 103-354 will deal only with authorized representatives designated by the applicant. The authorized representatives must have no pecuniary interest in the award of the architectural or construction contracts, the purchase of equipment, or the purchase of the land for the housing site. | |||
| 7:7:13.1.1.1.5.2.1.6 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.63 Authorized use of grant funds. | RHS | Grant funds may only be used to reimburse a packager for delivered packages. Payment will be made for each complete package received and accepted in accordance with exhibit C of this subpart. | ||||
| 7:7:13.1.1.1.5.2.1.7 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | §§ 1944.64-1944.65 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.2.1.8 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.66 Administrative requirements. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996; 79 FR 76008, Dec. 19, 2014; 81 FR 11031, Mar. 2, 2016] | The following policies and regulations apply to grants made under this subpart: (a) Grantees must comply with all provisions of the Fair Housing Act of 1988 and subpart E of part 1901 of this chapter which states in part, that no person in the United States shall, on the grounds of race, color, national origin, sex, religion, familial status, handicap, or age, be excluded from participating in, be denied the benefits of, or be subject to discrimination in connection with the use of grant funds. (b) The policies and regulations contained in RD Instruction 1940-Q (available in any Agency office), Departmental Regulation 2400-5, 2 CFR part 200 as adopted by USDA through 2 CFR part 400 apply to grantees under this subpart. (c) Grants made under the subpart must be in compliance with the environmental review requirements in accordance with 7 CFR part 1970. (d) The grantee will retain records for 3 years from the date Standard Form (SF)-269A, “Financial Status Report (Short Form),” is submitted. These records will be accessible to RHS and other Federal officials in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400. (e) Annual audits will be completed if the grantee has received more than $25,000 of Federal assistance in the year in which HAPG funds were received. These audits will be due 13 months after the end of the fiscal year in which funds were received. (1) States, State agencies, or units of general local government will complete an audit in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400 and OMB Circular A-128. (2) Nonprofit organizations will complete an audit in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400. (f) Performance reports, as required, will be submitted in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400. | |||
| 7:7:13.1.1.1.5.2.1.9 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | B | Subpart B—Housing Application Packaging Grants | § 1944.67 Ineligible activities. | RHS | [58 FR 58643, Nov. 3, 1993, as amended at 61 FR 39851, July 31, 1996] | The packager may not charge fees or accept compensation or gratuities directly or indirectly from the very low- and low-income families being assisted under this program. The packager may not represent or be associated with anyone else, other than the applicant, who may benefit in any way in the proposed transaction. If the packager is compensated for this service from other sources, then the packager is not eligible for compensation from this source except as permitted by Agency. Grantees who are funded to do Self-Help Housing, may not be reimbursed for packaging applications for participation in the Self-Help Housing effort. | |||
| 7:7:13.1.1.1.5.4.1.1 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.251 Purpose. | RHS | The requirements of this subpart augment the requirements of section 802 of the National Affordable Housing Act of 1990 (approved November 28, 1990, Public Law 101-625) (42 U.S.C. 8011), (hereinafter, section 802), as amended by the Housing and Community Development Act of 1992 (Public Law 102-550, approved October 28, 1992), which authorizes the Congregate Housing Services Program (hereinafter, CHSP or Program). | ||||
| 7:7:13.1.1.1.5.4.1.10 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.260 Cost distribution. | RHS | (a) General. (1) Grantees, the Secretary concerned, and participants shall all contribute to the cost of providing supportive services according to section 802(i)(A)(i). Grantees must contribute at least 50 percent of program cost, participants must contribute fees that in total are at least 10 percent of program cost, and the Secretary concerned will provide funds in an amount not to exceed 40 percent. (2) Section 802(i)(1)(B)(ii) creates a cost-sharing provision between grantee and the Secretary concerned if total participant fees collected over a year are less than 10 percent of total program cost. This provision is subject to availability of appropriated grant funds. If funds are not available, the grantee must assume the funding shortfall. (b) Prohibition on substitution of funds and maintenance of existing supportive services. Grantees shall maintain existing funding for and provision of supportive services prior to the application date, as set forth in section 802(i)(1)(D). The grantee shall ensure that the activities provided to the project under a CHSP grant will be in addition to, and not in substitution for, these previously existing services. The value of these services do not qualify as matching funds. Such services must be maintained either for the time the participant remains in CHSP, or for the duration of CHSP grant. The grantee shall certify compliance with this paragraph to the Secretary concerned. (c) Eligible matching funds. (1) All sources of matching funds must be directly related to the types of supportive services prescribed by the PAC or used for administration of CHSP. (2) Matching funds may include: (i) Cash (which may include funds from Federal, State and local governments, third party contributions, available payments authorized under Medicaid for specific individuals in CHSP, Community Development Block Grants or Community Services Block Grants, Older American Act programs or excess residual funds with the approval of the Secretary concerned), (ii) The imputed dollar val… | ||||
| 7:7:13.1.1.1.5.4.1.11 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.261 Program participant fees. | RHS | (a) Eligible program participants. The grantee shall establish fees consistent with section 1944.145(a). Each program participant shall pay CHSP fees as stated in paragraphs (d) and (e) of this section, up to a maximum of 20 percent of the program participant's adjusted income. Consistent with section 802(d)(7)(A), the Secretary concerned shall provide for the waiver of fees for individuals who are without sufficient income to provide for any payment. (b) Fees shall include: (1) Cash contributions of the program participant; (2) Food Stamps; and (3) Contributions or donations to other eligible programs acceptable as matching funds under section 1944.145(c). (c) Older Americans Act programs. No fee may be charged for any meals or supportive services under CHSP if that service is funded under an Older Americans Act Program. (d) Meals fees: (1) For full meal services, the fees for residents receiving more than one meal per day, seven days per week, shall be reasonable and shall equal between 10 and 20 percent of the adjusted income of the project resident, or the cost of providing the services, whichever is less. (2) The fees for residents receiving meal services less frequently than as described in paragraph (d)(1) of this section shall be in an amount equal to 10 percent of the adjusted income of the project resident, or the cost of providing the services, whichever is less. (e) Other service fees. The grantee may also establish fees for other supportive services so that the total fees collected from all participants for meals and other services is at least 10 percent of the total cost of CHSP. However, no program participants may be required to pay more than 20 percent of their adjusted incomes for any combination of services. (f) Other residents and nonresidents. Fees shall be established for residents of eligible housing projects (other than eligible project residents) and for nonresidents who receive meals and other services from CHSP under section 1944.125(a). These fees shall be in an amo… | ||||
| 7:7:13.1.1.1.5.4.1.12 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.262 Grant agreement and administration. | RHS | (a) General. HUD will enter into grant agreements with grantees, to provide congregate services for program participants in eligible housing projects, in order to meet the purposes of CHSP. (b) Term of grant agreement and reservation of amount. A grant will be for a term of five years and the Secretary concerned shall reserve a sum equal to the total approved grant amount for each grantee. Grants will be renewable at the expiration of a term, subject to the availability of funds and conformance with the regulations in this subpart, except as otherwise provided in section 1944.160. (c) Monitoring of project sites by governmental units. States, Indian tribes, and units of general local government with a grant covering multiple projects shall monitor, review, and evaluate Program performance at each project site for compliance with CHSP regulations and procedures, in such manner as prescribed by HUD or RHS. (d) Reports. Each grantee shall submit program and fiscal reports and program budgets to the Secretary concerned in such form and at such times, as the Secretary concerned requires. (e) Enforcement. The Secretary concerned will enforce the obligations of the grantee under the agreement through such action as may be necessary, including terminating grants, recapturing grant funds, and imposing sanctions. (1) These actions may be taken for: (i) A grantee's non-compliance with the grant agreement or HUD or RHS regulations; (ii) Failure of the grantee to provide supportive services within 12 months of execution of the grant agreement. (2) Sanctions include but are not limited to the following: (i) Temporary withholding of reimbursements or extensions or renewals under the grant agreement, pending correction of deficiencies by the grantee; (ii) Setting conditions in the contract; (iii) Termination of the grant; (iv) Substitution of grantee; and (v) Any other action deemed necessary by the Secretary concerned. (f) Renewal of grants. Subject to the availability of funding, satisfactory performa… | ||||
| 7:7:13.1.1.1.5.4.1.13 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.263 Eligibility and priority for 1978 Act recipients. | RHS | Grantees funded initially under 42 U.S.C. 8001 shall be eligible to receive continued, non-competitive funding subject to its availability. These grantees will be eligible to receive priority funding under this subpart if they comply with the regulations in this part and with the requirements of any NOFA issued in a particular fiscal year. | ||||
| 7:7:13.1.1.1.5.4.1.14 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.264 Evaluation of Congregate Housing Services Programs. | RHS | (a) Grantees shall submit annually to the Secretary concerned, a report evaluating the impact and effectiveness of CHSPs at the grant sites, in such form as the Secretary concerned shall require. (b) The Secretaries concerned shall further review and evaluate the performance of CHSPs at these sites and shall evaluate the Program as a whole. (c) Each grantee shall submit a certification with its application, agreeing to cooperate with and to provide requested data to the entity responsible for the Program's evaluation, if requested to do so by the Secretary concerned. | ||||
| 7:7:13.1.1.1.5.4.1.15 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.265 Reserve for supplemental adjustment. | RHS | The Secretary concerned may reserve funds subject to section 802(o). Requests to utilize supplemental funds by the grantee shall be transmitted to the Secretary concerned in such form as may be required. | ||||
| 7:7:13.1.1.1.5.4.1.16 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.266 Other Federal requirements. | RHS | In addition to the Federal Requirements set forth in 24 CFR part 5, the following requirements apply to grant recipient organizations in this program: (a) Office of Management and Budget (OMB) Circulars and Administrative Requirements. The policies, guidelines, and requirements of OMB Circular No. A-87 and 24 CFR part 85 apply to the acceptance and use of assistance under this program by public body grantees. The policies, guidelines, and requirements of OMB Circular No. A-122 apply to the acceptance and use of assistance under this program by non-profit grantees. Grantees are also subject to the audit requirements described in 24 CFR part 44 (OMB Circular A-128). (b) Conflict of interest. In addition to the conflict of interest requirements in OMB Circular A-87 and 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the applicant, and who exercises or has exercised any function or responsibilities with respect to activities assisted with CHSP grant funds, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or any proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties during his or her tenure, or for one year thereafter. CHSP employees may receive reasonable salary and benefits. (c) Disclosures required by Reform Act. Section 102(c) of the HUD Reform Act of 1989 (42 U.S.C. 3545(c)) requires disclosure concerning other government assistance to be made available with respect to the Program and parties with a pecuniary interest in CHSP and submission of a report on expected sources and uses of funds to be made available for CHSP. Each applicant shall include information required by 24 CFR part 12 on form HUD-2880 “Applicant/Recipient Disclosure/Update Report,” as r… | ||||
| 7:7:13.1.1.1.5.4.1.2 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.252 Definitions. | RHS | In addition to the definitions in section 802(k), the following definitions apply to CHSP: Activity of Daily Living (ADL) means an activity regularly necessary for personal care. (1) The minimum requirements of ADLs include: (i) Eating (may need assistance with cooking, preparing or serving food, but must be able to feed self); (ii) Dressing (must be able to dress self, but may need occasional assistance); (iii) Bathing (may need assistance in getting in and out of the shower or tub, but must be able to wash self); (iv) Grooming (may need assistance in washing hair, but must be able to take care of personal appearance); (v) Getting in and out of bed and chairs, walking, going outdoors, using the toilet; and (vi) Household management activities (may need assistance in doing housework, grocery shopping or laundry, or getting to and from one location to another for activities such as going to the doctor and shopping, but must be mobile. The mobility requirement does not exclude persons in wheelchairs or those requiring mobility devices.) (2) Each of the Activities of Daily Living noted in paragraph (1) of this definition includes a requirement that a person must be able to perform at a specified minimal level (e.g., to satisfy the eating ADL, the person must be able to feed himself or herself). The determination of whether a person meets this minimal level of performance must include consideration of those services that will be performed by a person's spouse, relatives or other attendants to be provided by the individual. For example, if a person requires assistance with cooking, preparing or serving food plus assistance in feeding himself or herself, the individual would meet the minimal performance level and thus satisfy the eating ADL, if a spouse, relative or attendant provides assistance with feeding the person. Should such assistance become unavailable at any time, the owner is not obligated at any time to provide individualized services beyond those offered to the resident population in general. The… | ||||
| 7:7:13.1.1.1.5.4.1.3 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.253 Notice of funding availability, application process and selection. | RHS | (a) Notice of funding availability. A Notice of Funding Availability (NOFA) will be published periodically in the Federal Register by the Secretary concerned containing the amounts of funds available, allocation or distribution of funds available among eligible applicant groups, where to obtain and submit applications, the deadline for submissions, and further explanation of the selection criteria, review and selection process. The Secretary concerned will designate the maximum allowable size for grants. (b) Selection criteria are set forth in section 802(h)(1) and shall include additional criteria specified by the Secretary concerned. | ||||
| 7:7:13.1.1.1.5.4.1.4 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.254 Program costs. | RHS | (a) Allowable costs. (1) Allowable costs for direct provision of supportive services includes the provision of supportive services and others approved by the Secretary concerned for: (i) Direct hiring of staff, including a service coordinator; (ii) Supportive service contracts with third parties; (iii) Equipment and supplies (including food) necessary to provide services; (iv) Operational costs of a transportation service (e.g., mileage, insurance, gasoline and maintenance, driver wages, taxi or bus vouchers); (v) Purchase or leasing of vehicles; (vi) Direct and indirect administrative expenses for administrative costs such as annual fiscal review and audit, telephones, postage, travel, professional education, furniture and equipment, and costs associated with self evaluation or assessment (not to exceed one percent of the total budget for the activities approved); and (vii) States, Indian tribes and units of general local government with more than one project included in the grant may receive up to 1% of the total cost of the grant for monitoring the projects. (2) Allowable costs shall be reasonable, necessary and recognized as expenditures in compliance with OMB Cost Policies, i.e. , OMB Circular A-87, 24 CFR 85.36, and OMB Circular A-128. (b) Nonallowable costs. (1) CHSP funds may not be used to cover expenses related to any grantee program, service, or activity existing at the time of application to CHSP. (2) Examples of nonallowable costs under the program are: (i) Capital funding (such as purchase of buildings, related facilities or land and certain major kitchen items such as stoves, refrigerators, freezers, dishwashers, trash compactors or sinks); (ii) Administrative costs that represent a non-proportional share of costs charged to the Congregate Housing Services Program for rent or lease, utilities, staff time; (iii) Cost of supportive services other than those approved by the Secretary concerned; (iv) Modernization, renovation or new construction of a building or facility, including k… | ||||
| 7:7:13.1.1.1.5.4.1.5 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.255 Eligible supportive services. | RHS | (a) Supportive services or funding for such services may be provided by state, local, public or private providers and CHSP funds. A CHSP under this section shall provide meal and other qualifying services for program participants (and other residents and nonresidents, as described in § 1944.125(a)) that are coordinated on site. (b) Qualifying supportive services are those listed in section 802(k)(16) and in section 1944.105. (c) Meal services shall meet the following guidelines: (1) Type of service. At least one meal a day must be served in a group setting for some or all of the participants; if more than one meal a day is provided, a combination of a group setting and carry-out meals may be utilized. (2) Hot meals. At least one meal a day must be hot. A hot meal for the purpose of this program is one in which the principal food item is hot at the time of serving. (3) Special menus. Grantees shall provide special menus as necessary for meeting the dietary needs arising from the health requirements of conditions such as diabetes and hypertension. Grantees should attempt to meet the dietary needs of varying religious and ethnic backgrounds. (4) Meal service standards. Grantees shall plan for and provide meals which are wholesome, nutritious, and each of which meets a minimum of one-third of the minimum daily dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council (or State or local standards, if these standards are higher). Grantees must have an annual certification, prepared and signed by a registered dietitian, which states that each meal provided under CHSP meets the minimum daily dietary allowances. (5) Food stamps and agricultural commodities. In providing meal services grantees must apply for and use food stamps and agricultural commodities as set forth in section 802(d)(2)(A). (6) Preference for nutrition providers: In contracting for or otherwise providing for meal services grantees must follow the requirements of se… | ||||
| 7:7:13.1.1.1.5.4.1.6 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.256 Eligibility for services. | RHS | (a) Participants, other residents, and nonresidents. Such individuals are eligible either to participate in CHSP or to receive CHSP services, if they qualify under section 802(e)(1), (4) and (5). Under this paragraph, temporarily disabled persons are also eligible. (b) Economic need. In providing services under CHSP, grantees shall give priority to very low income individuals, and shall consider their service needs in selecting program participants. | ||||
| 7:7:13.1.1.1.5.4.1.7 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.257 Service coordinator. | RHS | (a) Each grantee must have at least one service coordinator who shall perform the responsibilities listed in section 802(d)(4). (b) The service coordinator shall comply with the qualifications and standards required by the Secretary concerned. The service coordinator shall be trained in the subject areas set forth in section 802(d)(4), and in any other areas required by the Secretary concerned. (c) The service coordinator may be employed directly by the grantee, or employed under a contract with a case management agency on a fee-for-service basis, and may serve less than full-time. The service coordinator or the case management agency providing service coordination shall not provide supportive services under a CHSP grant or have a financial interest in a service provider agency which intends to provide services to the grantee for CHSP. (d) The service coordinator shall: (1) Provide general case management and referral services to all potential participants in CHSP. This involves intake screening, upon referral from the grantee of potential program participants, and preliminary assessment of frailty or disability, using a commonly accepted assessment tool. The service coordinator then will refer to the professional assessment committee (PAC) those individuals who appear eligible for CHSP; (2) Establish professional relationships with all agencies and service providers in the community, and develop a directory of providers for use by program staff and program participants; (3) Refer proposed participants to service providers in the community, or those of the grantee; (4) Serve as staff to the PAC; (5) Complete, for the PAC, all paperwork necessary for the assessment, referral, case monitoring and reassessment processes; (6) Implement any case plan developed by the PAC and agreed to by the program participant; (7) Maintain necessary case files on each program participant, containing such information and kept in such form as HUD and RHS shall require; (8) Provide the necessary case files to PAC members upo… | ||||
| 7:7:13.1.1.1.5.4.1.8 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.258 Professional assessment committee. | RHS | (a) General. (1) A professional assessment committee (PAC), as described in this section, shall recommend services appropriate to the functional abilities and needs of each eligible project resident. The PAC shall be either a voluntary committee appointed by the project management or an agency in the community which provides assessment services and conforms to section 802(e)(3)(A) and (B). PAC members are subject to the conflict of interest provisions in section 1944.175(b). (2) The PAC shall utilize procedures that ensure that the process of determining eligibility of individuals for congregate services affords individuals fair treatment, due process, and a right of appeal of the determination of eligibility, and shall ensure the confidentiality of personal and medical records. (3) The dollar value of PAC members' time spent on regular assessments after initial approval of program participants may be counted as match. If a community agency discharges the duties of the PAC, staff time is counted as its imputed value, and if the members are volunteers, their time is counted as volunteer time, according to sections 1944.145(c)(2) (ii) and (iv). (b) Duties of the PAC. The PAC is required to: (1) Perform a formal assessment of each potential elderly program participant to determine if the individual is frail. To qualify as frail, the PAC must determine if the elderly person is deficient in at least three ADLs, as defined in section 1944.105. This assessment shall be based upon the screening done by the service coordinator, and shall include a review of the adequacy of the informal support network ( i.e. , family and friends available to the potential participant to assist in meeting the ADL needs of that individual), and may include a more in-depth medical evaluation, if necessary; (2) Determine if non-elderly disabled individuals qualify under the definition of person with disabilities under section 1944.105. If they do qualify, this is the acceptance criterion for them for CHSP. Persons with disabilities d… | ||||
| 7:7:13.1.1.1.5.4.1.9 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | F | Subpart F—Congregate Housing Services Program | § 1944.259 Participatory agreement. | RHS | (a) Before actual acceptance into CHSP, potential participants must work with the PAC and the service coordinator in developing supportive services case plans. A participant has the option of accepting any of the services under the case plan. (b) Once the plan is approved by the PAC and the program participant, the participant must sign a participatory agreement governing the utilization of the plan's supportive services and the payment of supportive services fees. The grantee annually must renegotiate the agreement with the participant. | ||||
| 7:7:13.1.1.1.5.6.1.1 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.401 Objective. | RHS | [55 FR 41833, Oct. 16, 1990, as amended at 58 FR 227, Jan. 5, 1993] | This subpart sets forth the policies and procedures and delegates authority for providing Technical Assistance (TA) funds to eligible applicants to finance programs of technical and supervisory assistance for self-help housing, as authorized under section 523 of the Housing Act of 1949. Any processing or servicing activity conducted pursuant to this subpart involving authorized assistance to Rural Development employees, members of their families, known close relatives, or business or close personal associates, is subject to the provisions of subpart D of part 1900 of this chapter. Applicants for this assistance are required to identify any known relationship or association with a Rural Development employee. This financial assistance may pay part or all of the cost of developing, administering, or coordinating programs of technical and supervisory assistance to aid needy very low- and low-income families in carrying out self-help housing efforts in rural areas. Very low-income families must receive a priority for recruitment and participation and may not comprise less than the percentage stated in subpart L of part 1940 of this chapter of those assisted in any grant. The primary purpose is to fund organizations that are willing to locate and work with families that otherwise do not qualify as homeowners. Generally, these are families below 50 percent of median incomes, living in substandard housing, and/or lacking the skills to be good homeowners. Grantees will comply with the nondiscrimination regulation subpart E of part 1901 of this chapter which states that no person in the United States shall, on the grounds of race, color, national origin, sex, religion, marital status, mental or physical handicap, or age, be excluded from participating in, be denied the benefits of, or be subject to discrimination in connection with the use of grant funds and all provisions of the Fair Housing Act of 1988. | |||
| 7:7:13.1.1.1.5.6.1.10 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.410 Processing preapplications, applications, and completing grant dockets. | RHS | [55 FR 41833, Oct. 16, 1990, as amended at 61 FR 39851, July 31, 1996; 79 FR 76009, Dec. 19, 2014; 81 FR 11031, Mar. 2, 2016] | (a) Form SF-424, “Application for Federal Assistance.” Form SF-424 in an original and one copy must be submitted by the applicant to the District Director. It will be used to establish communication between the applicant and RHS, determine the applicant's eligibility, determine how well the project can compete with similar applications from other organizations and eliminate any proposals which have little or no chance for Federal funding before applicants incur significant expenditures for preparing an application. In addition, the following information will be attached to and become a part of the preapplication: (1) Complete information about the applicant's previous experience and capacity to carry out the objective of the agreement. (2) If the applicant organization is already formed, a copy of or an accurate reference to the specific provisions of State law under which the applicant is organized; a certified copy of the applicant's Articles of Incorporation and Bylaws or other evidence of corporate existence; certificate of incorporation for other than public bodies; evidence of good standing from the State when the corporation has been in existence 1 year or more; the names and addresses of the applicant's members, directors, and officers; and, if another organization is a member of the applicant-organization, its name, address, and principal business. If the applicant is not already formed, attach copies of the proposed organizational documents demonstrating compliance with § 1944.404(d) of this subpart. (3) A current (no more than 12 months old) dated and signed financial statement showing the amounts and specific nature of assets and liabilities together with information on the repayment schedule and status of any debt owed by the applicant. If the applicant is being sponsored by another organization, the same type of financial statement also must be provided by the applicant's sponsor. (4) A narrative statement which includes information about the amount of the grant funds being requested, area(s) … | |||
| 7:7:13.1.1.1.5.6.1.11 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.411 Conditions for approving a grant. | RHS | [55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991; 79 FR 76010, Dec. 19, 2014] | A grant may be approved for an eligible applicant when the conditions in the letter of conditions are met and the following conditions are present: (a) The applicant has or can hire, or contract directly or indirectly with, qualified people to carry out its responsibilities in administering the grant. (b) The applicant has met all of the conditions listed in § 1944.410(e) of this subpart. (c) The grantee furnishes a signed statement that it complies with the requirements of the Departmental Regulations found in 2 CFR part 200 as adopted by USDA through 2 CFR part 400. (d) A resolution has been adopted by the board of directors which authorizes the appropriate officer to execute exhibit A of this subpart and Form RD 400-4, “Assurance Agreement.” (e) The grantee has fidelity bonding as covered in 2 CFR part 200 as adopted by USDA through 2 CFR part 400 if a nonprofit organization or, if a State or local government, to the extent required in 2 CFR part 200 as adopted by USDA through 2 CFR part 400. (f) The grantee has agreed by completing SF-424B, “Assurances-Non Construction Programs,” that it will establish a recordkeeping system that is certifiable by a certified public accountant that it adequately meets the Agreement. (g) The grantee has established an interest bearing checking account on which at least two bonded officials will sign all checks issued and understands that interest earned in excess of $250.00 annually must be submitted to Rural Development quarterly. (The use of minority depository institutions is encouraged.) (h) The grantee has developed an agreement to be executed by the grantee and the self-help participants which clearly sets forth what is expected of each and has incorporated exhibit B-2 of this subpart which clearly shows what work is expected of the participating family. | |||
| 7:7:13.1.1.1.5.6.1.12 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.412 Docket preparation. | RHS | When the application and all items required for the complete docket have been received, the District Director will thoroughly examine it to insure the application has been properly and accurately prepared and that it includes the required dates and signatures. The docket items will be assembled and distributed by the District Director in the following order: O = Original. C = Copy. | ||||
| 7:7:13.1.1.1.5.6.1.13 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.413 Grant approval. | RHS | (a) Approval of grant. Within 30 days of the grantee meeting the conditions of § 1944.411 of this subpart or, if applicable, signing exhibit D, the approving official will: (1) Execute and distribute Form RD 1940-1 in accordance with the Forms Manual Insert (FMI). (2) After the Finance Office acknowledges that funds are obligated, request an initial advance of funds on Form RD 440-57, “Acknowledgment of Obligated Funds/Check Request,” in accordance with the FMI. The amount of this request should cover the applicant's needs for the remainder of the month in which the grant is closed plus the next month. Subsequent advances will cover only a one-month period. (b) Cancellation of an approved grant. An approved grant may be canceled before closing if the applicant is no longer eligible, the proposal is no longer feasible, or the applicant requests cancellation. Cancellation will be accomplished as follows: (1) The District Director will prepare Form RD 1940-10, “Cancellation of U.S. Treasury Check and/or Obligation,” according to the FMI and send it to the State Director with the reasons for cancellation. If the State Director approves the request, Form RD 1940-10 will be returned to the District Office for processing in accordance with the FMI. (2) The District Director will notify the applicant of the cancellation and the right to appeal under subpart B of part 1900 of this chapter. If the applicant requested the cancellation, no appeal rights are provided, but the applicant will still be notified of the cancellation. (c) Disapproval of grant. If a grant is disapproved after the docket has been developed, the approving official will state the reason on the original Form RD 1940-1, or in a memorandum to the District Director. The District Director will notify the applicant in writing of the disapproval and the reason for disapproval. Also, the notification will inform the applicant of its appeal rights under subpart B of part 1900 of this chapter. | ||||
| 7:7:13.1.1.1.5.6.1.14 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.414 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.6.1.15 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.415 Grant approval and other approving authorities. | RHS | (a) The State Director is authorized to approve or disapprove TA grants under this subpart. For a grant in excess of $300,000, or in the case of a grant amendment when the amount of the grant plus any unexpended funds from a previous grant will exceed $400,000, prior written consent of the National Office is required. In such cases, the docket, along with the State Director's recommendations, must be submitted to the National Office for review. (b) The State Director may approve a grant not to exceed $10,000 to an eligible organization under § 1944.410(d) of this subpart. The grant must be limited to 6 months and funds must be used for the development of the final application, family recruitment, and related activities as explained in § 1944.410(e) of this subpart. The amount of this grant will not be included in figuring TA cost per units. (c) The authority to contract for services is limited to the Administrator of Rural Development. (d) Monthly expenditures of the grantee will normally be approved by the District Director unless: (1) The grantee operates in only one county, in which case the authority may be delegated to the County Supervisor. (2) The grantee operates in more than one Rural Development District, in which case the State Director will designate the approving official. (3) The grantee operates in more than one State Director's jurisdiction, in which case the Administrator will designate the approving official. (4) The expenditure is under contract authority, in which case the Contracting Official Representative will approve the monthly expenditure. | ||||
| 7:7:13.1.1.1.5.6.1.16 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.416 Grant closing. | RHS | The grant is closed on the date the Agreement is executed as defined in § 1944.403(a) by the applicant and the Government. Funds may not be advanced prior to the signing of the Agreement. The District Director or Assistant District Director are authorized to execute the Agreement for Rural Development. Person(s) authorized by resolution may sign for the applicant. | ||||
| 7:7:13.1.1.1.5.6.1.17 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.417 Servicing actions after grant closing. | RHS | [55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991] | Rural Development has a responsibility to help the grantee be successful and help the grantee avoid cases of fraud and abuse. Servicing actions also include correlating activities between the grantee and Rural Development to the benefit of the participating families. The amount of servicing actions needed will vary in accordance with the experience of the grantee, but as minimum the following actions are required: (a) Monthly, the grantee will provide the District Director with a request for additional funds on Form SF-270, “Request for Advance or Reimbursement.” This request need only show the amount of funds used during the previous month, amount of unspent funds, projected need for the next 30 days, and written justification if the request exceeds the projected need for the next 30 days. This request must be in the District Director's office fifteen days prior to the beginning of the month. Upon receipt of the grantee's request, the District Director will: (1) If the request appears to be in order, process Form RD 440-57 so that delivery of the check will be possible on the first of the next month. (2) If the request does not appear to be in order, immediately contact the grantee to resolve the problem. After the contact: (i) If the explanation is acceptable, process Form RD 440-57 so delivery may be possible by the first of the next month, or (ii) If the explanation is not acceptable, immediately notify the grantee and request the amount of funds that appear reasonable for the next 30 days on Form RD 440-57, so that delivery may be possible by the first of the next month. Unapproved funds that are later approved will be added to the next month's request. (b) Quarterly, the grantee will submit exhibit B of this subpart in an original and three copies to the County Supervisor on or before January 15, April 15, July 15, and October 15 which will verify its progress toward meeting the objectives stated in the Agreement and the application. The County Supervisor will immediately complete the County Office re… | |||
| 7:7:13.1.1.1.5.6.1.18 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.418 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.6.1.19 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.419 Final grantee evaluation. | RHS | Near the end of the grant period but prior to the last month, an evaluation of the grantee will be conducted by Rural Development. The State Director may use Rural Development employees or an organization under contract to Rural Development to provide the evaluation. The evaluation is to determine how successful the grantee was in meeting goals and objectives as defined in the agreement, application, this regulation, and any amendments. (a) This is a quantitative evaluation of the grantee to determine if it met its goals in: (1) Assisting the project number of families in obtaining adequate housing. (2) Meeting the goal of assisting very low-income families. (3) Meeting the family labor requirement in § 1944.411(h) and exhibit B-2 of this subpart. (4) Keeping costs within the guides set in § 1944.407. (5) Meeting order objectives in the Agreement. (b) The evaluation is a narrative addressed to the State Director with a copy of the National Office, Single Family Housing Processing Division. It will be in 3 parts, namely; findings, recommendations, and an overall rating. The rating will be either unacceptable, acceptable, or outstanding, as follows: (1) Outstanding if the grantee met or exceeded all of the goals in paragraph (a) of this section. (2) Acceptable if the grantee met or exceeded all of the goals as defined in paragraph (a) except two. (3) Unacceptable if the grantee failed to obtain an acceptable rating. (c) After the State Director has reviewed the evaluation, a copy will be mailed to the grantee. The grantee may request a review of the evaluation with the District Director. This review is for clarification of the material and to dispute the findings if they are known to be wrong. The rating is not open for discussion except to the extent it can be proven that the findings do not support the rating. If this is the case, the District Director will file an amendment to the State Director. | ||||
| 7:7:13.1.1.1.5.6.1.2 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.402 Grant purposes. | RHS | [55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002] | Rural Development may contract or make a grant to an organization to: (a) Give technical and supervisory assistance to eligible very low- and low-income families as defined in Appendix 9 of HB-1-3550 (available in any Rural Development office), in carrying out self-help housing efforts. (b) Assist other organizations to provide technical and supervisory assistance to eligible families. (c) Develop a final application, recruit families and related activities necessary to participate under paragraph (a) of this section. | |||
| 7:7:13.1.1.1.5.6.1.20 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.420 Extension or revision of the grant agreement. | RHS | The State Director may authorize the District Director to execute on behalf of the Government, exhibit C of this subpart, at any time during the grant period provided: (a) The extension period is for no more than one year from the final date of the existing Agreement. (b) The need for the extension is clearly justified. (c) If additional funds are needed, a revised budget is submitted with complete justification, and (d) The grantee is within the guidelines in § 1944.407 of this subpart or the State Director determines that the best interest of the Government will be served by the extension. | ||||
| 7:7:13.1.1.1.5.6.1.21 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.421 Refunding of an existing grantee. | RHS | Grantees wishing to continue with self-help efforts after the end of the current grant plus any extensions should file Form SF-424, in accordance with § 1944.410(e). It is recommended that it be filed at least 6 months before the end of the current grant period. Funds from the existing grant may be used to meet the conditions of a new grant to serve the same or redefined geographic area. If the grantee is targeting a different geographic area, a new preapplication must be submitted in accordance with § 1944.410 and the grantee may apply for a predevelopment grant in accordance with § 1944.410(d). In addition to meeting the conditions of an applicant as defined in § 1944.411 of this subpart, the grantee must also have received or will receive an acceptable rating on its current grant unless an exception is granted by the State Director. The State Director may grant an exception to the rating if it is determined that the reasons causing the previous unacceptable rating have been removed or will be removed with the approval of this grant. | ||||
| 7:7:13.1.1.1.5.6.1.22 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.422 Audit and other report requirements. | RHS | [55 FR 41833, Oct. 16, 1990; 56 FR 19253, Apr. 26, 1991, as amended at 79 FR 76010, Dec. 19, 2014; 81 FR 7698, Feb. 16, 2016] | The grantee must submit an audit to the appropriate Rural Development District Office annually (or biennially if a State or local government with authority to do a less frequent audit requests it) and the earlier of 30 calendar days after receipt of the auditor's report or nine months after the end of the grantee's audit period. The audit, conducted by the grantee's auditors, is to be performed in accordance with Generally Accepted Government Auditing Standards (GAGAS), using the publication “Standards for Audit of Governmental Organizations, Programs, Activities and Functions” developed by the Comptroller General of the United States in 1981, and any subsequent revisions. In addition, the audits are also to be performed in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400 and Rural Development requirements as specified in this subpart. Audits of borrower loan funds will be required. The number of borrower accounts audited will be determined by the auditor. In incidences where it is difficult to determine the appropriate number of accounts to be audited, auditors should be authorized by the State Director to audit the lesser of 10 loans or 10 percent of total loans. (a) Nonprofit organizations and others. If determined necessary, these organizations are to be audited in accordance with Rural Development requirements in accordance with 2 CFR part 200 as adopted by USDA through 2 CFR part 400. These requirements also apply to public hospitals, public colleges, and universities if they are excluded from the audit requirements of paragraph (b) of this section. (1) An audit conducted by the grantee's auditor shall be supplied to the Rural Development District Director as soon as possible but in no case later than ninety (90) days following the period covered by the grant agreement. (2) Auditors shall promptly notify United States Department of Agriculture's Office of the Inspector General Regional Inspector General and the Rural Development District Office, in writing, of any indication of … | |||
| 7:7:13.1.1.1.5.6.1.23 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.423 Loan packaging and 502 RH application submittal. | RHS | [55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002] | A grantee is required to assist 502 RH applicants in submitting their application for a RH loan. Loan packaging will be performed in accordance with 7 CFR part 3550; therefore, it is important that the grantee be trained at an early date in the packaging of RH loans. Typically, this training should take place before the first applications are submitted to the County Office and before the grant is closed. A grantee should become very knowledgeable of Rural Development's eligibility requirements but must understand that only Rural Development can approve or deny an applicant assistance. Grantee must work cooperatively with Rural Development in the 502 loan approval process and must work within the regulations for the 502 program and recognize Rural Development's ultimate decision making authority to approve or deny loans. However, the grantee may ask for clarification that may be helpful in working with future applicants. Grant funds may not be used to pay any expense in connection with an appeal that the applicant may file or pursue. | |||
| 7:7:13.1.1.1.5.6.1.24 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.424 Dwelling construction and standards. | RHS | [55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002] | All construction will be performed in accordance with subpart A of part 1924 of this chapter. The planned work must meet the building requirements of 7 CFR part 3550 and meet the Development Standards as defined in subpart A of part 1924 of this chapter and in any local codes. Sites and site developments must conform to the requirements of subpart C of part 1924 of this chapter. | |||
| 7:7:13.1.1.1.5.6.1.25 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.425 Handling and accounting for borrower loan funds. | RHS | Grantees will be required to administer borrower loan funds during the construction phases. The extent of their involvement will depend on the experience of the grantee and the amount of authority delegated to them by the District Director in accordance with § 1924.6(c) of subpart A of part 1924 of this chapter. Training should include Rural Development's non-discrimination policies in receiving applications. | ||||
| 7:7:13.1.1.1.5.6.1.26 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.426 Grant closeout. | RHS | [55 FR 41833, Oct. 16, 1990, as amended at 67 FR 78328, Dec. 24, 2002; 68 FR 61331, Oct. 28, 2003; 79 FR 76010, Dec. 19, 2014] | (a) Grant purposes completed. Promptly after the date of completion, grant closeout actions will be taken to allow the orderly discontinuance of grantee activity. (1) The grantee will immediately refund to Rural Development any balance of grant funds that are not committed for the payment of authorized expenses. (2) The grantee will furnish Form SF-269A, “Financial Status Report (short form)” to Rural Development within 90 days after the date of completion of the grant. All other financial, performance, and other reports required as a condition of the grant also will be completed. (3) After the grant closeout, Rural Development retains the right to recover any disallowed costs which are discovered as a result of the final audit. 7 CFR part 3550 will be used by Rural Development to recover any unauthorized expenditures. (4) The grantee will provide Rural Development an audit conforming to those requirements established in this part, including audits of self-help borrower accounts. (5) Upon request from the recipient, any allowable reimbursable cost not covered by previous payments shall be promptly paid by Rural Development. (b) Grant purposes not completed —(1) Notification of termination. The State Director will promptly notify the grantee and the National Office in writing of the termination action including the specific reasons for the decision and the effective date of the termination. The notification to the grantee will specify that if the grantee believes the reason for the proposed termination can be resolved, the grantee should, within 15 calendar days of the date of this notification, contact the State Director in writing requesting a meeting for further consideration. The meeting will be an informal proceeding at which the grantee will be given the opportunity to provide whatever additional information it believes should be considered in reaching a decision concerning the case. The grantee may have an attorney or any other person present at the meeting if desired. Within 7 calendar days of t… | |||
| 7:7:13.1.1.1.5.6.1.27 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.427 Grantee self-evaluation. | RHS | Annually or more often, the board of directors will evaluate their own self-help program. Exhibit E of this subpart is provided for that purpose. It is also recommended that they review their personnel policy, any audits that may have been conducted and other reports to determine if they need to make adjustments in order to prevent fraud and abuse, and meet the goals in the current grant agreement. | ||||
| 7:7:13.1.1.1.5.6.1.28 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | §§ 1944.428-1944.449 [Reserved] | RHS | |||||
| 7:7:13.1.1.1.5.6.1.29 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.450 OMB control number. | RHS | The reporting and recordkeeping requirements contained in this regulation have ben approved by the Office of Management and Budget and have been assigned OMB control number 0575-0043. Public reporting burden for this collection of information is estimated to vary from 10 minutes to 18 hours per response, with an average of 1.17 hours per response including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, room 404-W, Washington, DC 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB# 0575-0043), Washington, DC 20503. | ||||
| 7:7:13.1.1.1.5.6.1.3 | 7 | Agriculture | XVIII | H | 1944 | PART 1944—HOUSING | I | Subpart I—Self-Help Technical Assistance Grants | § 1944.403 Definitions. | RHS | (a) Agreement. The Self-Help Technical Assistance Agreement, which is a document signed by Rural Development and the grantee, sets forth the terms and conditions under which TA funds will be made available. (Exhibit A of this subpart). (b) Agreement period (or grant period). The period of time for which an agreement is in force. Generally, the period will not exceed 24 months. (c) Date of completion. The date when all work under a grant is completed or the date in the TA grant agreement, or any supplement or amendment to it, when Federal assistance ends. (d) Direct costs. Those costs that are specifically identified with a particular project or activity. Grantees receiving funds from a single grant source would consider all costs as direct costs. (e) Disallowed costs. Those charges to a grant which Rural Development determines cannot be authorized. (f) Equivalent units. Equivalent units represent the “theoretical number of units” arrived at by adding the equivalent percentage of completion figure for each family in the self-help program (pre-construction and actual construction) together at any given date during program operations. The sum of the percentage of completion figures for all participant families represent the total number of “theoretical units” completed at any point in time. Equivalent units are useful in measuring progress during the period of the grant and are not a measurement of actual accomplishments. The number of equivalent units for any group can never exceed the number of planned or completed houses for that group. (g) Equivalent value of a modest house. The equivalent value of a modest house is the typical cost of a recent contractor-built Rural Development financed home in the area plus the actual or projected costs of an acceptable site and site development. If Rural Development has not financed a contractor-built house during the last twelve months, the value will be established by use of the Marshall and Swift cost handbook or a similar type of handbook. Equivalent v… |
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