[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR570.424]

[Page 95]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 570_COMMUNITY DEVELOPMENT BLOCK GRANTS--Table of Contents
 
                     Subpart F_Small Cities Program
 
Sec. 570.424  Grants for imminent threats to public health and safety.

    (a) Criteria. The following criteria apply for an imminent threat to 
public health or safety:
    (1) The Director of Community Planning and Development of the HUD 
office may, at any time, invite an application for funds available under 
this subpart in response to a request for assistance to alleviate an 
imminent threat to public health or safety that requires immediate 
resolution. HUD shall verify the urgency and the immediacy of the threat 
with an appropriate authority other than the applicant prior to 
acceptance of the application, and the Director of Community Planning 
and Development of the HUD Office shall review the claim to determine 
if, in fact, an imminent threat to public health or safety does exist. 
For example, an applicant with documented cases of disease resulting 
from a contaminated drinking water supply has an imminent threat to 
public health, while an applicant ordered to improve the quality of its 
drinking water supply over the next 2 years does not have an imminent 
threat within the definition of this paragraph (a). A natural disaster 
is prima facie evidence of an imminent threat to public health or 
safety. These funds are to be used to deal with those threats that 
represent a unique and unusual circumstance, not for the type of threat 
that occurs with frequency in a number of communities within the State 
of New York.
    (2) The applicant does not have sufficient local resources, and 
other Federal or State resources are unavailable to alleviate the 
imminent threat.
    (3) All imminent threat projects must meet the requirement of Sec. 
570.420(e).
    (b) HUD action. (1) Fifteen percent of the funds allocated to New 
York State in the Small Cities Program may be reserved to alleviate 
imminent threats to the public health or safety unless a lesser amount 
is specified in a NOFA. Applications shall be submitted in accordance 
with Sec. 570.423.
    (2) Applications which meet the requirements of this section may be 
approved by the Director of Community Planning and Development of the 
HUD Office without competition.
    (3) The only funds reserved for imminent threats to the public 
health or safety are those specified by this section as modified by the 
NOFA. After the funds have been depleted, HUD shall not consider further 
requests for grants relating to imminent threats during that fiscal 
year.
    (c) Letter to proceed. Notwithstanding Sec. 570.425(a)(3), after a 
determination has been made that an imminent threat exists, HUD may 
issue the applicant a letter to proceed to incur costs to alleviate the 
imminent threat. Reimbursement of such costs is dependent upon HUD 
approval of the final application.
    (d) Environmental review. Pursuant to 24 CFR 58.34(a)(10), grants 
for imminent threats to public health or safety are excluded from some 
or all of the environmental review requirements of 24 CFR part 58, to 
the extent provided therein.