[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-8543] [[Page Unknown]] [Federal Register: April 11, 1994] _______________________________________________________________________ Part X Department of Housing and Urban Development _______________________________________________________________________ Office of the Secretary _______________________________________________________________________ 24 CFR Parts 50 and 574 Housing Opportunities for Persons With AIDS; Final Rule DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of the Secretary 24 CFR Parts 50 and 574 [Docket No. R-94-1606; FR-3178-F-03] RIN 2501-AB41 Housing Opportunities for Persons With AIDS AGENCY: Office of the Secretary, HUD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule is being issued for the Housing Opportunities for Persons With AIDS (HOPWA) Program. The program provides States and localities with resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with acquired immunodeficiency syndrome (AIDS) or related diseases and their families. The program authorizes entitlement grants and competitively awarded grants for housing assistance and services. This final rule includes changes made in response to public comments. EFFECTIVE DATE: May 11, 1994. FOR FURTHER INFORMATION CONTACT: Barbara Richards, Acting Director, Office of Special Needs Assistance Programs, (202) 708-4300 (voice); (202) 708-2565 (TDD); Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410-7000. (Telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: I. Information Collections The information collection requirements for the HOPWA program have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980 and were assigned OMB control number 2506-0133. II. Introduction A. Background The Housing Opportunities for Persons With AIDS (HOPWA) Program was authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901) (hereafter ``AHOA''). An interim rule was published in the Federal Register on July 20, 1992 (57 FR 32106), estab- lishing regulations for the implementation of this new program at 24 CFR part 574. The Department received 12 public comments on the initial interim rule. Then Section 606 of the Housing and Community Development Act of 1992, 106 Stat. 3806 (hereafter ``the Act'') made revisions to the HOPWA program and directed the Department to publish interim and final rules to implement those revisions. A second interim rule was published in the Federal Register on December 28, 1992 (57 FR 61736). It contained responses to comments on the first Interim Rule and revisions from the Act. In publishing a second interim rule, the Department announced a comment due date of February 26, 1993. Thirty-one public comments were received. The comments were submitted by persons representing nonprofit organizations, local coalitions of AIDS organizations, professional organizations, State and local governments, and the Bureau of Health Resources Development of the U.S. Department of Health and Human Services. A number of these comments were highly supportive of those provisions of the interim rule that allow flexibility in the selection of activities. In one view, this flexibility ``makes it an especially valuable resource, allowing local jurisdictions to tailor programs to their specific circumstances and needs.'' Commenters also noted the Department's commitment to implement this program in a ``non- bureaucratic'' manner. Commenters supported the inclusion of administrative costs, the allowance for HUD approval of formula applications received before the due date, the provision exempting project sponsor selection from procurement requirements, and the removal of the applicability of housing quality standards to short-term rent, mortgage, and utility payments. Other public comments recommended revisions to the interim rule. These are addressed in this preamble along with several technical corrections which have been identified through the Department's experience in administering this program. B. Public Comments, Technical Corrections, and HUD Responses 1. Families Defined--4 Comments Commenters requested clarification of the term ``family'' because family members can benefit from any of the eligible activities at Sec. 574.300(b), except for health services, as provided at Sec. 574.300(b)(7). Commenters recommended that the definition include ``the spouse, life partner, or significant other person living with the person with AIDS,'' and that the incomes of any such persons be included under the household's income for determining resident rent payments. Other commenters recommended that family be considered ``any group of people who have chosen to live together'' but that the term would not apply to residents assembled for the purposes of shared housing. Response. The Department has added a definition of family at Sec. 574.3 of the final rule. The definition provides that a family includes members of a household who are related or who are determined to be important to the care and well-being of the member with AIDS or related diseases. It further provides that the surviving member or members of a family who were living in an assisted unit with that person at the time of death will continue to receive housing assistance and supportive services. The Department has established requirements for the termination of assistance to surviving family members at Sec. 574.310(e)(1), including the provision for a reasonable grace period for continued eligibility--not to exceed one year from the death of the family member with AIDS. Assistance to the family of a person with AIDS or related diseases is authorized by section 606(c)(3) of the Act. Under the final rule, which includes family under the definition of ``eligible person,'' housing assistance and supportive services can be provided for a family member residing with a low-income person with AIDS or related diseases, except for health services as provided at Sec. 574.300(b)(7). This definition is similar to that portion of the Department's Shelter Plus Care (S+C) Program definition of person with disabilities, found at 24 CFR 582.5, which ``includes two or more persons with disabilities living together, one or more such person living with another person who is determined to be important to their care or well- being, and the surviving member or members of any [such] household.'' 2. Non-substantial Rehabilitation--1 Comment A commenter noted that the term ``moderate rehabilitation'' was used in one location while the term ``non-substantial rehabilitation'' was used elsewhere in the interim rule. The commenter recommended using only ``non-substantial rehabilitation'' to provide for internal consistency. Response. The Department agrees that one term should be used throughout and has replaced ``moderate rehabilitation'' with ``non- substantial rehabilitation'' in this rule at Sec. 574.3. 3. For-Profit Involvement--4 Comments Commenters recommended that for-profit developers not be excluded from serving as project sponsors. Recommendations included their serving directly as project sponsors or working in partnership with non-profits eligible to undertake activities. Commenters felt that a prohibition on for-profits unnecessarily restricts collaborative projects between AIDS services providers and housing development corporations. Response. No change has been made. The statute does not authorize for-profit organizations to serve as project sponsors. Eligible activities are carried out by the grantee itself, through any of its administrative agencies, or by contract with a project sponsor that is either a nonprofit organization or a government housing agency. However, as noted in the preamble to the second interim rule, at II(B)(6), grantees and project sponsors may contract for services. For- profit entities could provide those contracted services. 4. Non-profit Organizations Definition--2 Comments Commenters were concerned that the definition of nonprofit organization at Sec. 574.3 in paragraph (4), which requires an organization to have ``among its purposes significant activities related to providing services or housing to persons with AIDS or related diseases,'' could prevent experienced nonprofit housing organizations, who lack such purposes, from participating in an AIDS housing project. Response. The definition has been retained. The definition conforms with the statutory definition under section 606(c)(3) of the Act. An organization wishing to participate in HOPWA could establish this purpose, for instance, by amending its by-laws to state that the organization has an AIDS housing or services mission. Additionally, as noted in the preceding response, other nonprofit organizations which do not serve as project sponsors and for-profit organizations may provide contracted services. 5. State Applicants--10 Comments Under State eligibility for formula grants, commenters noted that a State could qualify in one year but become ineligible for a grant in the following year. Commenters noted that once 1,500 cases of AIDS occur in a metropolitan area, that area will qualify. Because the number of cases reported outside qualifying Eligible Metropolitan Statistical Areas (EMSAs) is used to determine the State's eligibility, a State's remaining cumulative number of cases of AIDS could drop below the threshold 1,500 cases. In this case, the State would no longer be eligible to receive a formula allocation. Commenters recommended that, once qualified, a State should continue to receive funds in future program allocations. A concern was expressed that the State, as a Ryan White Title II recipient, is best able to coordinate HOPWA-funded activities with its programs through community-based organizations and the State's loss of eligibility as a HOPWA formula grantee would interfere with this coordination. One commenter noted that when a State loses its eligibility, persons residing in non-formula metropolitan areas and rural areas are deprived of assistance because of where they reside. The commenter recommended that HOPWA funds be awarded on morbidity in non- metropolitan areas and States or that States receive funding to respond to needs in smaller cities and rural areas. Response. No change was made. The regulations at Sec. 574.130 conform with the formula-based allocation specified in the statute. Section 854(c) of AHOA stipulates that any State with more that 1,500 cases of AIDS, ``outside of metropolitan statistical areas'' qualifies for a formula allocation. Jurisdictions not qualifying for formula grants are eligible to apply for competitively awarded funds under Sec. 574.200. 6. High Cost Allocations--1 Comment The commenter requested that the funding level for the program be increased, that allocations reflect the demographics of the epidemic, and that additional funds be allocated to high-cost areas. Response. Section 854(c) of AHOA does not authorize additional allocation factors, such as supplemental funds for high-cost areas. The formula, however, does provide for demographic factors in allocating funds to those areas with the largest reported number of cases and incidence of AIDS. 7. County Governments--7 Comments Commenters raised concerns with the provision at Sec. 574.100 of the second Interim Rule that requires the most populous city that has an approved comprehensive housing affordability strategy serve as the grantee for an EMSA. Commenters noted that under the initial Interim Rule, the EMSA applicant designation process resulted in the designation of a number of county governments to serve as the applicant for the fiscal year 1992 formula grants. Commenters recommended a return to the designation process of the initial interim rule or allow for designating another Community Development Block Grant (CDBG) entitlement community to serve as the applicant by the mutual agreement with the EMSA community. The Health Resources and Services Administration, HHS, recommended that HUD review its ability to continue funding those entities receiving HOPWA grants as this could help ensure coordination with the community-based HIV services funded through the Ryan White CARE Act. Response. No change was made. The rule conforms with a specific statutory requirement at section 606(d)(2) of the Act to allocate formula awards to the most populous city in each EMSA. 8. Clarification of Coordination--4 Comments Commenters recommended a clearer delineation of the organizations that should be consulted in a grantee's application planning process. Response. The Department agrees and the application requirements at Sec. 574.160(c)(5) have been revised accordingly. The similar provision for a competitive grant application was also revised at Sec. 574.240(c)(6). 9. Limitation on Supportive Services--1 Comment A commenter expressed concern that a number of eligible activities, such as supportive services, short-term rent, mortgage and utility payments, and operating costs, dilute the effectiveness of the program in addressing long-term strategies and in providing needed housing assistance. The commenter recommended that the rule limit the use of funds for supportive services and short-term supported housing. Response. The rule has not been changed. The statute describes a broad range of eligible activities and states that its purpose is to provide States and localities with resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with AIDS and their families at Sec. 574.1. The choice of which HOPWA-assisted activities address the needs of eligible persons is a determination that should be made by States and localities. 10. Personal Assistance as a Supportive Service--1 Comment A commenter recommended that the supportive services activities at Sec. 574.300(b)(7) also include personal assistance, i.e., assistance with personal care and activities of daily living, so that such assistance could enable an individual to avoid institutionalization. In addition, the commenter indicated that including personal assistance as an eligible supportive service is needed if the provision for intensive services, at Sec. 574.310(a), is strictly interpreted as services that are delivered away from the person's residence. Response. The Department believes that the term ``day care and intensive care when required'' could have been interpreted to include ``personal assistance.'' However, this final rule does include personal assistance as an eligible activity at Sec. 574.300(b)(7), to avoid confusion. Further, the rule does not prevent intensive care from being delivered at a person's residence at Sec. 574.310(a). 11. Technical Assistance--4 Comments Commenters requested that the authorization for technical assistance for community residences be broadened to apply to other eligible activities, especially acquisition and rehabilitation of other types of facilities. Response. The rule has not been changed. Section 861(c)(1)(C) of AHOA provides the only authorization for technical assistance in the Act, and it only authorizes technical assistance for establishing and operating a community residence. The rule at Sec. 574.300(b)(9) implements this eligible activity, as authorized. 12. Administrative Expenses--15 Comments Commenters expressed concern with the seven percent limitation on administrative expenses of project sponsors at Sec. 574.300(b)(10). Under that section, administrative costs include the costs of staff necessary to carry out eligible activities. Commenters stated that this provision hinders their activities and reduces program flexibility. Response. The Department has modified the language of the final rule for this section with respect to allowable administrative costs of project sponsors and added a definition of administrative costs at Sec. 574.3. The 1992 statutory amendment for the first time authorized the allowance of administrative costs on a program-wide basis. The purpose was clearly not to diminish the eligibility of any costs eligible before the amendment, but to provide for the cost to grantees and project sponsors, subject to the seven and three percent caps, of operating the program. Consistent with this purpose, the subject heading of section 606(f)(2) of the Act authorizing these types of costs, and the overall language of the subsection, the Department believes that the inclusionary reference to staff costs with respect to project sponsors is to be construed not as words of limitation on previously eligible costs, but as an expansion of that authority. The final rule therefore authorizes a project sponsor to expend up to 7 percent of the amount received from a grantee for administrative costs (as that term is defined in Sec. 574.3), including such administrative costs incurred by its staff in carrying out eligible activities. This new authority is not intended to diminish the allowance of costs for the activities listed in Sec. 574.300 previously eligible, whether such activities are carried out by staff of the project sponsor or otherwise. 13. Voluntary Nondenominational Prayer--3 Comments Commenters objected to the allowance for voluntary nondenominational prayer at Sec. 574.300(c)(1)(i)(C). They stated that there is no truly inclusive ``nondenominational'' prayer and that the principles of separation of church and state and non-discrimination based on religious belief are at issue. They recommended that this allowance be removed, that the provisions be rewritten similar to the Community Development Block Grant (CDBG) program, or that it be amended to refer to board meetings at which HOPWA-funded client services are not provided. Response. The exception which allows for voluntary prayer before meetings has been deleted. The remaining prohibitions in the final rule are the same as those used for the CDBG program at 24 CFR 570.200(j)(3)(iii). 14. Payments for Supportive Services--1 Comment One commenter asked if payments for health costs must be made by the beneficiary's primary health provider under an existing insurance policy, prepaid health plan, or other existing compensation before HOPWA funds may be used for such costs. Response. The final rule newly establishes an order of payments for health costs at Sec. 574.310(a). The rule provides that, before expending HOPWA funds for health related items and services, the grantee must seek payment for these items or services under State compensation programs, insurance policies, any Federal or State health benefits program, or a prepaid health service plan. This provision is similar to that used for Ryan White CARE Act program (42 U.S.C. 300ff-15) in providing HIV-related services. The Department supports the coordination of these related programs in addressing health care needs of persons with AIDS or related diseases and in addressing their housing needs. This new HOPWA provision will ensure that HOPWA funds are used for health costs only in the absence of payments that are made or can reasonably be expected to be made, for an item or service under any State compensation program, an insurance policy, any Federal or State health benefits program, or a plan that provides health services on a prepaid basis. 15. Housing Quality Standards--2 Comments Commenters favored a provision of the second interim rule that clarified that Housing Quality Standards (HQS) at Sec. 574.310(b) are not applicable to short-term rent, mortgage, and utility payments. Commenters requested that HUD specify that this provision exempting the grants from HQS applies to fiscal year 1992 grants. Response. The 1992 HOPWA grant agreements provide for the applicability of the program's statute and regulations as they may be amended from time to time. Thus, the second interim rule did apply to the fiscal year 1992 grants, and this final rule--with the exemption for short-term rent, mortgage and utility payments--will also apply to them. No change in the rule is needed to produce this result. 16. Resident Rent Payments HUD is making a technical correction at Sec. 574.310(d) to clarify that resident rent payments are not required for short-term supported housing. Since the purpose of this activity is to address emergency and temporary needs to prevent homelessness by providing short-term rent, mortgage, and utility payments, a requirement for resident rent payments is inconsistent with the nature of this activity. Such payments continue to be required for persons receiving project- or tenant-based rental assistance, at Sec. 574.300(b)(5), and for persons residing in any rental housing assisted under this program, including single-room occupancy (SRO) dwellings, community residences, and other housing facilities. The Department's technical correction on short-term supported housing is based on its review of section 858 of AHOA which authorizes that activity. Section 858 differs from sections 859, 860, and 861, which authorize the other eligible housing activities, as it does not require such payments or require that the assistance be provided in the manner provided for under Section 8, which includes a resident rent payment. 17. Community Residence Service Agreement--3 Comments Commenters supported a correction made by the Department in the second Interim Rule regarding a requirement for a written services agreement for community residences, at Sec. 574.340(b). However, the commenters viewed subsections (b) (1) and (2) as inconsistent if both are required. Response. The Rule has been changed to clarify the components of the grantee's certification of a written services agreement that is required by section 861(d)(1) of AHOA. The Department disagrees that the two sections were inconsistent under the second Interim Rule. However, in reviewing the requirements of the written services agreement, the Department finds that a clearer statement of the three required components will improve understanding and use of these components. The Final Rule requires the grantee to obtain and keep on file: (1) Either a certification that the grantee is carrying out the required supportive services itself, or a certification that it has a written services agreement with a project sponsor or contracted service provider to provide the services at a community residence; and (2) Either a certification that the grantee has sufficient funds for these services, or a certification that it has on file an analysis of the needed service level, a statement of which entity will provide the services, and a statement of how the services will be funded; and (3) Either a certification that the grantee is eligible to provide the services, or a certification that the project sponsor or service provider is qualified to provide the services. 18. Approval of Local Government--3 Comments Commenters requested the removal of the requirement at Sec. 574.420(b) for local government approval of project sponsors that carry out activities in that locality under a State grant. The commenters indicated that this was a potential roadblock in the State's program which invites a local government to violate the spirit of the Fair Housing Amendments Act of 1988 by trying to block the development of housing for persons with AIDS. Response. The rule implements a requirement of section 606(d)(2) of the Act for local approval and, therefore, cannot be changed. This provision does not affect the grantee's responsibility to comply with the Fair Housing Amendments Act and the Department will continue to ensure that that Act is not violated. 19. Timely Expenditures--5 Comments Commenters expressed concern with the provision allowing HUD to deobligate unexpended funds after three years at Sec. 574.540. Commenter recommendations include: (a) In the absence of a statutory limit, the three year period be eliminated, especially for projects with significant construction costs and considering that some other HUD programs use longer expenditure periods. (b) Since some activities will take longer than 3 years to accomplish, HUD should grant waivers in cases where the sponsor is acting in a timely and responsible manner. (c) Since some activities will be more lengthy due to complex financing structures or community opposition, allow streamlined HUD Regional Office approval of waivers to extend the period in cases of good faith effort. Response. The rule has not been changed. The Department does not agree with the comments that construction or rehabilitation of facilities should be expected to exceed the three year period for the use of funds under Sec. 574.540. Timely use of these funds is an important element in addressing the urgent needs that are not being met by available public and private sources as established by section 854(d)(5) of AHOA. The Department intends to fully implement this provision. 20. Program Years--1 Comment A commenter requested that the program year, which runs from the signing date of a grant agreement, be made more flexible for the purposes of reporting on activities at Sec. 574.520. The commenter recommended that allowing grantees discretion in selecting the start date could improve their program coordination with other programs and reduce administrative burdens in reporting. Response. The rule has not been changed because the Department allows flexibility for setting the dates of program years under both types of HOPWA grants. Grantees for formula awards establish their program year by initiating the expenditure of funds following the signing of a grant agreement. A formula grantee may shorten or lengthen a program year by advance written notice to their HUD Field Office. Grantees for competitive grants may set the operating start date for their program on a date up to four months following the date of the signing of a grant agreement. Both types of grantees will describe the use of these funds annually in performance reports as required by Sec. 574.520 under their respective program year dates. 21. Conflict of Interest--4 Comments In the context of requirements for cooperation with local governments at Sec. 574.160(c)(5), commenters recommended that the rule clarify the roles of local governments, provider agencies, and the Ryan White Committee in light of the conflict of interest provision at Sec. 574.625. Response. Although the related application requirements were revised, as noted above in item 8, further changes have not been made in the conflict of interest provision. The relationships of the entities described will vary for each grant based on that grantee's program design. Conflict of interest questions in these situations are governed by Sec. 574.625 of the final rule. These procedures determine the conflict of interest for persons involved in an assisted activity. Procedures are also provided for granting exceptions which involve public disclosure of the conflict and nonviolation of State or local law. 22. Minor Technical Corrections The Department has made four minor technical corrections in the final rule. First, there is extensive discussion of the term ``eligible person'' in Secs. 574.140 and 574.220, as well as a definition of the term in Sec. 574.3. The definition at Sec. 574.3 has been expanded to include the special eligibility provisions applicable for receipt of housing information services and for outreach and educational activities. Sections 574.140 and 574.220 are removed, since they are redundant now that the definition of eligible person has been moved to the definitions section. Second, the phrase ``rent, mortgage, or utility payments'' in Sec. 574.330 (in the first paragraph and in paragraphs (a)(1) and (d)) has been replaced with the phrase ``rent, mortgage, and utility payments'', to provide consistency with the term used in the list of eligible activities in Sec. 574.300(b)(6). Third, at Sec. 574.655, the Department is clarifying that the Davis-Bacon Act (prevailing wage rate requirements) does not generally apply to this program. Fourth, the termination of assistance provision at Sec. 574.310(e) was clarified to provide participants with the opportunity to confront opposing witnesses and to be represented by counsel under these procedures. 23. Environmental Provisions The first interim rule published to establish this program contained revisions to 24 CFR part 50 to reflect the Department's determination that the decision point in the program to which environmental review responsibility would attach was when specific properties are identified for use under the grant (not before award of the grant). As noted in the second interim rule for this program, at 57 FR 61739, there were no public comments received concerning the revisions to part 50. Therefore, this rule adopts as final the changes made in the first interim rule published on July 20, 1992 (57 FR 32110- 32111): the addition of Secs. 50.3(i), 50.17(i), and 50.19 (as revised at 58 41337, August 3, 1993), and the revision to Sec. 50.20(o). 24. Removal of Publication Requirement For Entitlement Grants The Department has decided that publishing an annual announcement of allocations to those jurisdictions that qualify for formula allocations is a needless expense, since direct notification of the jurisdictions is more efficient and provides them with all the materials necessary to apply for funding. Therefore, references to publication of an announcement of allocations has been removed from Secs. 574.2(a), 574.100, and 574.160(b). III. Findings and Certifications A. Environmental Impact A finding of no significant impact with respect to the environment has been made in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969. The finding of no significant impact is available for public inspection between 7:30 a.m. to 5:30 p.m. weekdays in the Office of the Rules Docket Clerk at the above address. B. Regulatory Review This rule was reviewed by the Office of Management and Budget under the Executive Order on Regulatory Planning and Review (E.O. 12866) issued by the President on September 30, 1993. Any changes made to the rule as a result of that review are clearly identified in the docket file, which is available for public inspection in the office of the Department's Rules Docket Clerk, room 10276, 451 Seventh St., SW, Washington, DC. C. Impact on Small Entities The Secretary, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule before publication and by approving it certifies that this rule does not have a significant economic impact on a substantial number of small entities, because jurisdictions that are statutorily eligible to receive formula allocations are limited to States and metropolitan statistical areas with a relatively large cumulative number of cases of persons with AIDS. D. Semiannual Agenda of Rules This rule was listed as sequence number 1476 under the Office of the Secretary in the Department's Semiannual Agenda of Regulations, published on October 25, 1993 (58 FR 56402, 56417) in accordance with Executive Order 12866 and the Regulatory Flexibility Act. E. Federalism Impact The General Counsel, as the Designated Official under section 6(a) of Executive Order 12612, Federalism, has determined that the policies contained in this rule will not have substantial direct effects on States or their political subdivisions, or the relationship between the federal government and the States, or on the distribution of power and responsibilities among the various levels of government. As a result, the Rule is not subject to review under the Order. The rule authorizes entitlement grants to a limited number of States and metropolitan areas and authorizes competitively awarded grants under a limited statutory allocation for housing assistance and services for the Housing Opportunities for Persons with AIDS program, but the grants are administered locally. F. Impact on the Family The General Counsel, as the Designated Official for Executive Order 12606, the Family, has determined that this rule, to the extent the funds provided under it are directed to families, has the potential for a beneficial impact on family formation, maintenance and general well- being. The program provides housing assistance and services for individuals with acquired immunodeficiency syndrome or related diseases and their families and defines the term eligible person to include the family of a person with AIDS or related diseases. Such assistance will help enable those families with a participating member who has AIDS to live in decent, safe, and sanitary housing and receive the supportive services necessary to assist a person with AIDS to live independently. Since the impact on the family is beneficial, no further review is considered necessary. H. Public Reporting Burden The information collection requirements contained in this rule have been submitted to the Office of Management and Budget under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). The Department has determined that the following provisions contain information collection requirements: Table 1.--Tabulation of Annual Reporting Burden ---------------------------------------------------------------------------------------------------------------- Number of Description of Provision of interim Number of responses Total Hours per information collection rule respondents per annual response Total hours respondent responses ---------------------------------------------------------------------------------------------------------------- Applications to HUD: --State Sec. 574.160........... 17 1 17 20.0 340 entitlements. --Local unit for Sec. 574.160........... 33 1 33 20.0 660 EMSA. --Competitive Sec. 574.240........... 100 1 100 44.0 4,400 awards. Annual report to HUD.. Sec. 574.520........... 117 1 117 65.0 7,605 Waiver requests to HUD Sec. 574.4, Sec. 4 1 4 4.0 16 574.310(c), Sec. 574.330(b). Amendments submitted.. Sec. 574.180, Sec. 40 1 40 4.0 160 574.260. Uniform Relocation Act Sec. 574.630........... 5 1 5 2.0 10 appeals process. Environmental review Sec. 574.510........... 75 1 75 4.0 300 recordkeeping. ---------------------------------------------------------------- Total burden.... ....................... ........... ........... ........... ........... 13,491 ---------------------------------------------------------------------------------------------------------------- I. Catalog The Catalog of Federal Domestic Assistance program number for the Housing Opportunities for Persons with AIDS program is 14.241. List of Subjects 24 CFR Part 50 Environmental protection, Environmental assessments, Environmental impact statements, Environmental policies and review procedures. 24 CFR Part 574 AIDS, Community facilities, Disabled, Emergency shelter, Grant programs-health programs, Grant programs-housing and community development, Grant programs-social programs, Homeless, Housing, Low and moderate income housing, Nonprofit organizations, Rent subsidies, Reporting and recordkeeping requirements, Technical assistance. Accordingly, parts 50 and 574 of title 24 of the Code of Federal Regulations are amended, as follows: PART 50--PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY 1. The authority citation for part 50 is revised to read as follows: Authority: 42 U.S.C. 3535(d), 4332; and Executive Order 11991, 42 FR 26967 (May 24, 1977). 2. This rule adopts without change as final the amendments made to Secs. 50.3(i) and 50.17, as they were published in the interim rule on July 20, 1992 (57 FR 32110). 3. Sections 50.19 and 50.20 are adopted as final as they were published on July 20, 1992 (57 FR 32110), as amended on August 3, 1993 (57 FR 41337). PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 4. The authority citation for part 574 continues to read as follows: Authority: 42 U.S.C. 12901-12912. 5. Part 574, as published on December 28, 1992 (57 FR 61736), is adopted as final with the following amendments: a. In Sec. 574.2, the second sentence of paragraph (a) is revised to read as follows: Sec. 574.2 Overview. (a) * * * The amount of funds available for competitive grants will be specified in a Notice of Funding Availability (NOFA), published in the Federal Register; and the amount of funds available for formula allocations will be specified in a written notice to the entities eligible for such allocations. * * * * * * * * b. In Sec. 574.3, the definition of ``moderate rehabilitation'' is removed; new definitions of ``administrative costs'', ``family'', and ``non-substantial rehabilitation'' are added; and the definition of ``eligible person'' is revised; to read as follows: Sec. 574.3 Definitions. * * * * * Administrative costs mean costs for general management, oversight, coordination, evaluation, and reporting on eligible activities. Such costs do not include costs directly related to carrying out eligible activities, since those costs are eligible as part of the activity delivery costs of such activities. * * * * * Eligible person means a person with acquired immunodeficiency syndrome or related diseases who is a low-income individual, as defined in this section, and the person's family. A person with AIDS or related diseases or a family member regardless of income is eligible to receive housing information services, as described in Sec. 574.300(b)(1). Any person living in proximity to a community residence is eligible to participate in that residence's community outreach and educational activities regarding AIDS or related diseases, as provided in Sec. 574.300(b)(9). * * * * * Family means a household composed of two or more related persons. The term family also includes one or more eligible persons living with another person or persons who are determined to be important to their care or well being, and the surviving member or members of any family described in this definition who were living in a unit assisted under the HOPWA program with the person with AIDS at the time of his or her death. * * * * * Non-substantial rehabilitation means rehabilitation that involves costs that are less than or equal to 75 percent of the value of the building after rehabilitation. * * * * * Sec. 574.100 [Amended] c. In Sec. 574.100, paragraph (b) is removed, and the paragraph designation ``(a)'' for the remaining paragraph is removed. Sec. 574.140 [Removed] d. Section 574.140 is removed. e. In Sec. 574.160, paragraphs (b) and (c)(5) are revised, to read as follows: Sec. 574.160 Application requirements. * * * * * (b) Application requirements. To receive a grant, a State or city applicant for an EMA applying for a formula grant award on the basis of an allocation under Sec. 574.130 must submit an application that meets the requirements of paragraph (c) of this section, and the application must be submitted within the time period established by HUD. HUD will send each qualifying city and eligible State a written notice, which shall include: (1) A statement of the amount of the allocation for which the city or State is eligible to apply; (2) The application package, which provides specific application requirements and guidance; (3) Designation of the time and the place for submitting a completed application; and (4) If applicable, the identity of the EMA or the area of the State for which the city or State is invited to apply. (c) * * * (5) (i) For State and city applicants, a description of efforts that have been or will be taken to coordinate proposed activities with: (A) State and local government agencies responsible for providing State or locally funded assistance and services to persons with AIDS or related diseases; and (B) Government agencies and nonprofit organizations that are administering the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (42 U.S.C. 300) and other related Federal programs. (ii) In addition, for city applicants, a description of efforts that have been or will be taken to coordinate proposed activities with other units of general local government located within the eligible metropolitan statistical area: (A) To address needs within that area; and (B) To consult with and involve in the application's proposed activities, the area community-based nonprofit organizations which are experienced in caring for persons with AIDS and the area organizations which represent persons with AIDS; * * * * * Sec. 574.220 [Removed] f. Section 574.220 is removed. g. Section 574.240 is amended by revising paragraph (c)(6), to read as follows: Sec. 574.240 Application requirements. * * * * * (c) * * * (6) (i) A description of efforts that have been or will be taken to coordinate proposed activities with: (A) State and local government agencies responsible for providing State or locally funded assistance and services to persons with AIDS or related diseases; and (B) Government agencies and nonprofit organizations that are administering the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (42 U.S.C. 300) and other related Federal programs. (ii) In addition, a description of efforts that have been or will be taken to consult with and involve in the application's proposed activities, community-based nonprofit organizations which are experienced in caring for persons with AIDS and organizations which represent persons with AIDS; * * * * * h. In Sec. 574.300, paragraph (a) is amended by removing the word ``hopelessness'' and adding in its place the word ``homelessness''; paragraph (c)(1)(i)(C) is amended by removing the words ``(which term does not include voluntary nondenominational prayer before meetings)''; and paragraphs (b)(7) and (b)(10)(ii) are revised to read as follows: Sec. 574.300 Eligible activities. * * * * * (b) Activities. * * * (7) Supportive services including, but not limited to, health, mental health, assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, and assistance in gaining access to local, State, and Federal government benefits and services, except that health services may only be provided to individuals with acquired immunodeficiency syndrome or related diseases and not to family members of these individuals; * * * * * (10) Administrative expenses: * * * * * (ii) Each project sponsor receiving amounts from grants made under this program may use not more than 7 percent of the amounts received for administrative costs. * * * * * i. Section 574.310 is amended by retitling paragraph (a) and redesignating it as ``(a)(1) General.''; by adding a new paragraph (a)(2); by adding the phrase ``Except for persons in short-term supported housing,'' at the beginning of the first sentence of paragraph (d) introductory text; and by revising paragraph (e), to read as follows: Sec. 574.310 General standards for eligible housing activities. * * * * * (a) * * * (2) Payments. The grantee shall ensure that grant funds will not be used to make payments for health services for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service: (i) Under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (ii) By an entity that provides health services on a prepaid basis. * * * * * (e) Termination of assistance. (1) Surviving family members. With respect to the surviving member or members of a family who were living in a unit assisted under the HOPWA program with the person with AIDS at the time of his or her death, housing assistance and supportive services under the HOPWA program shall continue for a grace period following the death of the person with AIDS. The grantee or project sponsor shall establish a reasonable grace period for continued participation by a surviving family member, but that period may not exceed one year from the death of the family member with AIDS. The grantee or project sponsor shall notify the family of the duration of their grace period and may assist the family with information on other available housing programs and with moving expenses. (2) Violation of requirements. (i) Basis. Assistance to participants who reside in housing programs assisted under this part may be terminated if the participant violates program requirements or conditions of occupancy. Grantees must ensure that supportive services are provided, so that a participant's assistance is terminated only in the most severe cases. (ii) Procedure. In terminating assistance to any program participant for violation of requirements, grantees must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process at minimum, must consist of: (A) Serving the participant with a written notice containing a clear statement of the reasons for termination; (B) Permitting the participant to have a review of the decision, in which the participant is given the opportunity to confront opposing witnesses, present written objections, and be represented by their own counsel, before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (C) Providing prompt written notification of the final decision to the participant. Sec. 574.330 [Amended] j. In the undesignated first paragraph of Sec. 574.330 and in paragraphs (a)(1) and (d) of that section, the phrase ``rent, mortgage, or utilities payments'' is removed and the phrase ``rent, mortgage, and utilities payments'' is added in its place. k. Paragraph (b) of Sec. 574.340 is revised to read as follows: Sec. 574.340 Additional standards for community residences. * * * * * (b) If grant funds are used to provide a community residence, except for planning and other expenses preliminary to construction or other physical improvement for a community residence, the grantee must, prior to the expenditure of such funds, obtain and keep on file the following certifications: (1) A services agreement. (i) A certification that the grantee will itself provide services as required by Sec. 574.310(a) to eligible persons assisted by the community residence; or (ii) A certification that the grantee has entered into a written agreement with a project sponsor or contracted service provider to provide services as required by Sec. 574.310(a) to eligible persons assisted by the community residence; (2) The adequacy of funding. (i) A certification that the grantee has acquired sufficient funding for these services; or (ii) A certification that the grantee has on file an analysis of the service level needed for each community residence, a statement of which grantee agency, project sponsor, or service provider will provide the needed services, and a statement of how the services will be funded; and (3) Capability. (i) A certification that the grantee is qualified to provide the services; or (ii) A certification that the project sponsor or the service provider is qualified to provide the services. 1. A new Sec. 574.655 is added, to read as follows: Sec. 574.655 Wage rates. The provisions of the Davis-Bacon Act (40 U.S.C. 276a-276a-5) do not apply to this program, except where funds received under this part are combined with funds from other Federal programs that are subject to the Act. Dated: April 1, 1994. Henry G. Cisneros, Secretary. [FR Doc. 94-8543 Filed 4-8-94; 8:45 am] BILLING CODE 4210-32-P