1998 S Housing - Cooperative Agreement with US Department HUD

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41290 Federal Register /Vol. 61, No. 153 / V1'ednesday, August 7, 1996 /Rules and Regulations enforcement activities of the agenry'a fair housing lacy or ordinanre. SEE funds will be s maximum of 2096 of the agency's total FHAP cswperativa ~~ agreement for the previous contract year, based on approval of eligible activity or activities, and based on the ~ ~: appropriation of funds. All agendas . ~- receiving contributions funds are eligible to receive SEE funds if they meet three of the six criteria net out is pa(riagra~phs (a)(i) thr°Ugh (e)' - gcary-has taken action to enforce a subpoena or make use of its prompt judidssl action atithority within the at yeas.. (2~'I'he agenry has held at least sae . administrative hearing or has had at least one cane on a court's docket for . dvil proceedings during the past year. - (3) At least ten percent of the agenry's fair housing caseload resulted is written condliatioa agreements providing monetary relief for the complainant as well as remedial action. monitoring. reporting sad public interest relief pmvisions. (4) The agency has had is the most recent three years. or is currently handling, at least one major (stir housing systemic investigation requiring an exceptional amount of expenditure of . funds. . (5) The ageary'a administration of its fair housing Lw or ordinance received meritorious mention for its complaint processing or other fair housing activities that were innovative. (6) The agenry must have fully investigated 10 ihir housing complaints during the previous fundingg year. (b) Notwrthstaading the eligsbility criteria set forth in paragraph (a) of this section, an agency is ineligible for SEE funds if: (1) Twenty percent or more of an agenry's fair housing compLiats result is administrative closures; or (2) The agenry is currently on a PIP. or if its interim certification or certification has bean suspended during the fiscal year is which SEE ftmds are sou t. (c SEE funding amounts are subject to the FHAP appropriation by Congress and will be described in writing in the cooperative agreements annually. HUD will periodically publish a list of activities eligible for SEE funding in the Federal Resister. § 115.306 Training funds. (a) All agencies are eligible to receive training funds. Training funds are fi.Yed amounts based on the number of agency employees to be trained and shall be allocated based on the FIiAP appropriation. Training funds may be used only for HUD-approved or HUD- sponsored training. Agency initiated training or other formalized training maybe included in this category. However, such training must first be - approved by the Cooperative Agreement Officer (CAOj and the Government Technical Representative (GTR). • - Spedfics oa the amount of training funds that an agieacy Mill receive and. if applicable. amotmts that maybe . deducted, will be set out is the five a teach year. . `°(b~ of the agency responsible . for the administration of the fair housing law or ordinance must partidpate in mandatory FHAP training sponsored by HUD at the national sad field office levels. If the agenry does not partidpate in the mandatory national and field office HUD-sponsored training. training funds will be deducted from their overall training amount. § 115.307 Addltlonal nqulrentents for partidpstbe In tM FMAP. FI~P ~dea which partidpats is the (i) Conform to reporting and record maintenance requirements determined by the Assistant Secretasy~ (2) Agree to on-site technical assistance and guidance and implementation of corrective actions set out by the Department is response to defidendes found during the technical assistance os performaasx asspessment evaluations of im lames ,end adhere to (3) Agrat P . polides sad procedures (as their laws and ordinances will allow) provided to the agendas by the Assistant Secretary, including but not limited to guidance on investigative techniques, cane file - preparation and organization. implementation of data elements for smm Lint tracking. etc.: (~~Spead at least twenty (20) percent of its total annual budget on fair housing activities: sad (5) Not unilaterally reduce the level of finandal resources currently committed to fair housing conpLint processing (budget cad staff reductions or other actions outside the control of the agenry will not. alone. result is a negative . determination for the ageary's partidpanon is the FHAP). (b) The agenry'a refusal to provide information. assist in implementation. or carry out the requirements of paragraph (a) of this section may result is the denial or interruption of its receipt of FHAP funds. § 115.308 Standards for FHAP program review. HUD will conduct roviews of the agency's cooperative agreement implementation. This review will also identify: (a) How the agency used the FHAP funds received; (b) Whether itsdraw-do~~n of funds was timely; . (c) Whether the agency has been audited and received copies of the audit reports is accordance with applisxble rules and reguLtians for State and local (d)8 ~ ~ with all . certi$cations and assurances required by HUD is the cooperative agreement. § 1§ 1 t~ rtlnp and nxordkeepinp (a) The agenry shall establish and maintain records demonstrating: (i) Its $nansdal adatiaistration of the FHAP funds; sad (2j Its performance under the FHAP. (b) Ia accordance with the cooperative agreement in effect beriveen the agenry and HUD, the agenry will provide to HUD the agenry reports maintained pursuant to paragraph (a) of this section. The agency will provide reports to HUD in accordance Math the cooperative agtaeasent is effssot between the agency and HUD for frequsnry sad coaient. regarding complaint rocesslag. training. data and inffermati~ systsans. enforcement sad other activities expLiaing how FHAP funds were ed sad usod. c) The agency will permit reasonable public access to its records, consistent with the ~trisdidion's requirements for release o information. Documents relevant to the agenry's partidpatioa is FHAP moat be made available at the agency's offisx during normal working hours (except that documents with respect to ongoing fair housing complaint investigations are exempt from public review consistent with Federal aadlor State law). (d) The Secretary, the Inspector Genenlof HUD, sad the Comptroller General of the United States, or any of their duly authorized representatives. shall have access to all pertinent books. accounts. reports. 51es, and other payments for surveys, audits. examinations. excerpts. and transcripts as they reLte to the agenry's partidpanon is FHAP. (e) All files will be kept in such fashion as to permit audits under applicable procurement reductions sad guidelines sad the Single Audit requirements for State sad local agendas. (f) The FHAP finandal records and files will be kept at least three years on- site after any cooperative agreement has terminated. § 115.310 Subeontracttng under the FH?P. If an agency subcoruacts to a public or private agency any activity for which