[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: 24CFR570.4]

[Page 36]
 
                 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 A_General Provisions
 
Sec. 570.4  Allocation of funds.

    (a) The determination of eligibility of units of general local 
government to receive entitlement grants, the entitlement amounts, the 
allocation of appropriated funds to States for use in nonentitlement 
areas, the reallocation of funds, and the allocation of appropriated 
funds for discretionary grants under the Secretary's Fund shall be 
governed by the policies and procedures described in sections 106 and 
107 of the Act.
    (b) The definitions in Sec. 570.3 shall govern in applying the 
policies and procedures described in sections 106 and 107 of the Act.
    (c) In determining eligibility for entitlement and in allocating 
funds under section 106 of the Act for any federal fiscal year, HUD will 
recognize corporate status and geographical boundaries and the status of 
metropolitan areas and principal cities effective as of July 1 preceding 
such federal fiscal year, subject to the following limitations:
    (1) With respect to corporate status as certified by the applicable 
State and available for processing by the Census Bureau as of such date;
    (2) With respect to boundary changes or annexations, as are used by 
the Census Bureau in preparing population estimates for all general 
purpose governmental units and are available for processing by the 
Census Bureau as of such date, except that any such boundary changes or 
annexations which result in the population of a unit of general local 
government reaching or exceeding 50,000 shall be recognized for this 
purpose whether or not such changes are used by the Census Bureau in 
preparing such population estimates; and
    (3) With respect to the status of Metropolitan Statistical Areas and 
principal cities, as officially designated by the Office of Management 
and Budget as of such date.
    (d) In determining whether a county qualifies as an urban county, 
and in computing entitlement amounts for urban counties, the demographic 
values of population, poverty, housing overcrowding, and age of housing 
of any Indian tribes located within the county shall be excluded. In 
allocating amounts to States for use in nonentitlement areas, the 
demographic values of population, poverty, housing overcrowding and age 
of housing of all Indian tribes located in all nonentitled areas shall 
be excluded. It is recognized that all such data on Indian tribes are 
not generally available from the United States Bureau of the Census and 
that missing portions of data will have to be estimated. In 
accomplishing any such estimates the Secretary may use such other 
related information available from reputable sources as may seem 
appropriate, regardless of the data's point or period of time and shall 
use the best judgement possible in adjusting such data to reflect the 
same point or period of time as the overall data from which the Indian 
tribes are being deducted, so that such deduction shall not create an 
imbalance with those overall data.
    (e) Amounts remaining after closeout of a grant which are required 
to be returned to HUD under the provisions of Sec. 570.509, Grant 
closeout procedures, shall be considered as funds available for 
reallocation unless the appropriation under which the funds were 
provided to the Department has lapsed.

[53 FR 34437, Sept. 6, 1988, as amended at 68 FR 69582, Dec. 12, 2003]