576.41—Reallocation; lack of approved consolidated plan—formula cities and counties.
(a) Applicability.
This section applies where a formula city or county fails to submit or obtain HUD approval of its consolidated plan within 90 days of the date upon which amounts under this part first become available for allocation in any fiscal year.
(b) Grantee.
HUD will make available to the State in which the city or county is located the amounts that a city or county referred to in paragraph (a) of this section would have received.
(c) Notification of availability.
The responsible HUD field office will promptly notify the State of the availability of any reallocation amounts under this section.
(d) Eligibility for reallocation amounts.
In order to receive reallocation amounts under this section, the State must:
(1)
Execute a grant agreement with HUD for the fiscal year for which the amounts to be reallocated were initially made available.
(2)
If necessary, submit an amendment to its application for that fiscal year for the reallocation amounts it wishes to receive. The amendment must be submitted to the responsible HUD field office no later than 30 days after notification is given to the State under paragraph (c) of this section.
(e) Amendment review and approval.
(1)
Section 576.33 governs the review and approval of application amendments under this section. HUD will endeavor to make grant awards within 30 days of the application amendment deadline, or as soon thereafter as practicable.
(2)
Program activities represented by proposed amendments are subject to environmental review under § 576.57 in the same manner as original proposals.
(f) Deadlines for using reallocated grant amounts.
Section 576.35 governs the use of amounts reallocated under this section.
(g) Amounts that cannot be reallocated.
Any grant amounts that cannot be reallocated to a State under this section will be reallocated as provided by § 576.43. Amounts that are reallocated under this section, but that are returned or unused, will be reallocated under § 576.45.