24 Cfr

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 4, 5, 92, 115, 125, 135,
200, 202, 214, 236, 242, 248, 266, 401,
570, 573, 574, 576, 578, 582, 583, 700,
761, 880, 881, 882, 883, 884, 886, 891,
902, 905, 943, 963, 964, 965, 970, 982,
990, 1000, 1003, and 1006
[Docket No. FR–5783–F–02]
RIN 2501–AD66

Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards:
Conforming Amendments
Office of the Secretary, HUD.
Final rule.

AGENCY:
ACTION:

On December 19, 2014, the
Office of Management and Budget
(OMB) published a joint,
Governmentwide interim rule with all
Federal award-making agencies, entitled
‘‘Federal Awarding Agency Regulatory
Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards.’’ In that rule, all
Federal award-making agencies,
including HUD, implemented the
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards. HUD
also amended its administrative
requirements for grants and cooperative
agreements. This final rule conforms
HUD’s regulations to OMB’s rule,
revises cross references within affected
HUD regulations, and makes other
conforming changes and corrections.
DATES: Effective Date: January 6, 2016.
FOR FURTHER INFORMATION CONTACT:
Scott Moore, Financial Operations
Analyst, Office of the Chief Financial
Officer, Financial Policy & Procedures
Division, 451 7th Street SW., Room
3210, Washington, DC 20410, telephone
number 202–402–2277, or Loyd LaMois,
Supervisory Program Analyst, Office of
Strategic Planning and Management,
451 7th Street SW., Room 3156,
Washington, DC 20410, telephone
number 202–402–3964. These are not a
toll-free numbers. Persons with hearing
or speech impairments may access these
numbers through TTY by calling the
Federal Relay Service, toll-free, at 800–
877–8339.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Background
On December 19, 2014 (79 FR 75867),
OMB published a joint,
Governmentwide interim rule of all
Federal award-making agencies entitled,

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‘‘Federal Awarding Agency Regulatory
Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards.’’ In the joint interim
rule, HUD and all other Federal awardmaking agencies implemented OMB’s
final guidance entitled, ‘‘Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards’’ (Uniform Guidance)
published on December 26, 2013 (78 FR
78589). The Uniform Guidance followed
publication of a Notice of Proposed
Guidance published on February 1,
2013 (78 FR 7282), and an Advance
Notice of Proposed Guidance published
on February 28, 2012 (77 FR 11778), and
incorporated public comments received
on those two documents. The Uniform
Guidance is codified at 2 CFR part 200.
OMB’s Uniform Guidance provides a
Governmentwide framework for Federal
grant management designed to reduce
administrative burden for non-Federal
entities receiving Federal awards, while
reducing the risk of waste, fraud, and
abuse. The Uniform Guidance
establishes requirements and
responsibilities for all Federal agencies
that award Federal financial assistance
and all non-Federal entities that receive
Federal awards. In developing the
Uniform Guidance, OMB consolidated
existing OMB circulars into a single set
of requirements. OMB circulars
consolidated and superseded by the
Uniform Guidance include:
• A–21, ‘‘Cost Principles for
Educational Institutions’’;
• A–87, ‘‘Cost Principles for State,
Local and Indian Tribal Governments’’;
• A–102, ‘‘Grant Awards and
Cooperative Agreements with State and
Local Governments’’;
• A–110, ‘‘Uniform Administrative
Requirements for Awards and Other
Agreements with Institutions of Higher
Education, Hospitals, and Other
Nonprofit Organizations’’; and
• A–133, ‘‘Audits of States, Local
Governments and Non-Profit
Organizations’’.
The Uniform Guidance also replaces
provisions of OMB circulars that relate
to Single Audit Act audits. OMB’s
consolidation of prior guidance was
aimed at eliminating duplicative or
nearly duplicative language in order to
clarify existing guidance. The Uniform
Guidance does not broaden the scope of
applicability of the guidance
superseded.
The policy reforms brought about by
the Uniform Guidance include:
• Eliminating duplicative/conflicting
guidance;

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• Focusing on performance over
compliance for accountability;
• Encouraging efficient use of
information technology (IT)/shared
services;
• Providing for consistent treatment
of costs;
• Limiting allowable costs for the best
use of Federal resources;
• Incorporating standard business
processes using data definitions;
• Strengthening oversight; and
• Targeting audit requirements on
risk of waste, fraud, and abuse.
The Uniform Guidance also
streamlines audit procedures by:
• Raising the Single Audit threshold
from $500,000 to $750,000;
• Raising the questioned cost limit in
Single Audits from $10,000 to $25,000;
and
• Requiring assessment of
Governmentwide audit quality to be
conducted every 6 years (beginning in
2018).
A. Applicability of Uniform Guidance to
HUD Grantees
In the December 19, 2014, joint,
interim rule, HUD adopted and codified
the Uniform Guidance as requirements
for Federal awards at a new part, 2 CFR
part 2400. HUD also amended 24 CFR
parts 84 and 85, which had codified
OMB Circulars superseded by 2 CFR
part 200, by removing all substantive
provisions and including a saving
provision that provides that Federal
awards made prior to December 26,
2014, will continue to be governed by
parts 84 or 85 as codified in the 2013
edition of the Code of Federal
Regulations (CFR) or as provided under
the terms of the Federal award.
HUD implemented OMB Circular A–
102 in 1988, by codifying its provisions
in 24 CFR part 85 (March 11, 1988, 53
FR 8025, 8650). In 1994, HUD
implemented OMB Circular A–110 by
codifying its provisions in 24 CFR part
84 (September 13, 1994, 59 FR 47011).
HUD codified the provisions of OMB
Circular A–133 in 24 CFR parts 84 and
85 in 1997 (November 18, 1997, 62 FR
61617). In the intervening years since
codifying the guidance in these
circulars, HUD has cross-referenced
applicable provisions of 24 CFR parts 84
and 85 throughout program regulations.
Because HUD has implemented 2 CFR
part 200 and removed, with certain
exceptions, 24 CFR parts 84 and 85, this
final rule conforms 24 CFR to the
Uniform Guidance by removing
references to 24 CFR parts 84 and 85
and replacing them with corresponding
references to 2 CFR part 200.

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Grant recipients and those who
monitor grants are strongly encouraged
to review the Uniform Guidance to
obtain a better understanding of the
Uniform Guidance and its implications
for their Federal awards. The Federal
Council on Financial Assistance Reform
(COFAR) has provided additional tools
to assist in the transition to the Uniform
Guidance. These tools include:
• Frequently Asked Questions for
New Uniform Guidance at 2 CFR part
200: https://cfo.gov/wp-content/
uploads/2014/11/2014-11-26Frequently-Asked-Questions.pdf.
• Uniform Guidance Crosswalk from
Existing Guidance to Final Guidance:
www.whitehouse.gov/sites/default/files/
omb/fedreg/2013/uniform-guidancecrosswalk-from-predominate-source-inexisting-guidance.pdf.
• COFAR webcast trainings and
slides: Available through the COFAR
Web site https://cfo.gov/cofar;
specifically, through that Web site’s
page on Resources for Understanding
the Uniform Guidance, https://cfo.gov/
cofar/#RUUG.
Additional tools are available through
links from COFAR’s Web site homepage,
https://cfo.gov/cofar/, in such sections
(as of the date of this rule) as Resources
for Understanding the Uniform
Guidance, Measuring the Impact of the
Uniform Guidance, the COFAR Training
Webcast Series, Federal Spending
Transparency, and Related Links.
In addition, grant recipients are
encouraged to review guidance issued
by HUD on February 26, 2015, entitled
‘‘Transition to 2 CFR part 200, Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards, Final Guidance’’
(Notice SD–2015–01). This guidance is
available at http://portal.hud.gov/
hudportal/documents/huddoc?id=1501sdn.pdf.
B. Other Conforming Changes
As noted above, HUD implemented
OMB Circular A–133, ‘‘Audits of States,
Local Governments, and Non-Profit
Organizations,’’ in 24 CFR parts 84 and
85 in 1997. In HUD’s 1997 interim rule,
HUD also removed and reserved 24 CFR
part 44—Non-Federal Audit
Requirements for State and Local
Government, and 24 CFR part 45—NonFederal Audit Requirements for
Institutions of Higher Education and
Other Nonprofit Institutions, since these
parts were no longer applicable because
of HUD’s implementation of the
circular. In drafting this final rule, HUD
discovered the inadvertent retention of
references to 24 CFR parts 44 and 45.
HUD is using this final rule to correct
this oversight and is replacing outdated

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references to parts 44 and 45 with
references to 2 CFR part 200, subpart
F—Audit Requirements, or section(s) of
that subpart, as applicable.
HUD is revising § 4.5 to conform to
Section 233 of the Department of
Housing and Urban Development
Appropriations Act, 2009 (Pub. L. 111–
8, March 11, 2009). HUD is revising
§ 570.402(a)(1) to conform to HUD’s
final rule entitled ‘‘Removal of Obsolete
Community Planning and Development
(CPD) Regulations (79 FR 51893,
September 2, 2014). HUD is also
correcting other copy and typographical
errors.
II. Justification for Final Rulemaking
HUD generally publishes a rule for
public comment before issuing a rule for
effect, in accordance with its own
regulations on rulemaking at 24 CFR
part 10. Part 10 provides for exceptions
to the general rule if the agency finds
good cause to omit advance notice and
public participation. The good cause
requirement is satisfied when prior
public procedure is ‘‘impracticable,
unnecessary, or contrary to the public
interest’’ (24 CFR 10.1). This rule
updates references to regulatory
provisions that have been removed by
HUD in implementing the Uniform
Guidance, and substitutes references to
appropriate sections of the Uniform
Guidance, corrects outdated references
to 24 CFR parts 44 and 45, and makes
other conforming changes. As a result,
HUD finds that good cause exists to
publish this rule for effect without first
soliciting public comment.
III. Findings and Certifications
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 605(b)) generally requires an
agency to conduct regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements,
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. Because HUD has determined
that good cause exists to issue this rule
without prior public comment, this rule
is not subject to the requirement to
publish an initial or final regulatory
flexibility analysis under the RFA as
part of such action.
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
State and local governments and is not
required by statute or the rule preempts

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State law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive order. This
final rule will not have federalism
implications and would not impose
substantial direct compliance costs on
State and local governments or preempt
State law within the meaning of the
Executive order.
Unfunded Mandates Reform
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA) 1
requires that an agency prepare a
budgetary impact statement before
promulgating a rule that includes a
Federal mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any 1 year. If a budgetary impact
statement is required, section 205 of
UMRA also requires an agency to
identify and consider a reasonable
number of regulatory alternatives before
promulgating a rule.2 However, the
UMRA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking. As discussed
above, HUD has determined, for good
cause, that prior notice and public
comment is not required on this rule
and, therefore, the UMRA does not
apply to this final rule.
List of Subjects
24 CFR Part 4
Administrative practice and
procedure, Government employees,
Grant programs—housing and
community development,
Investigations, Loan programs—housing
and community development, Penalties,
Reporting and recordkeeping
requirements.
24 CFR Part 5
Administrative practice and
procedure, Aged, Claims, Crime,
Government contracts, Grant
programs—housing and community
development, Individuals with
disabilities, Intergovernmental relations,
Loan programs—housing and
community development, Low and
moderate income housing, Mortgage
insurance, Penalties, Pets, Public
housing, Rent subsidies, Reporting and
recordkeeping requirements, Social
security, Unemployment compensation,
Wages.
12
22

U.S.C. 1532.
U.S.C. 1534.

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
24 CFR Part 92
Administrative practice and
procedure, Grant programs—housing
and community development, Low and
moderate income housing,
Manufactured homes, Rent subsidies,
Reporting and recordkeeping
requirements.
24 CFR Part 115
Administrative practice and
procedure, Aged, Fair housing, Grant
programs—housing and community
development, Individuals with
disabilities, Intergovernmental relations,
Mortgages, Reporting and recordkeeping
requirements.
24 CFR Part 125
Fair housing, Grant programs—
housing and community development,
Reporting and recordkeeping
requirements.
24 CFR Part 135
Administrative practice and
procedure, Community development,
Equal employment opportunity,
Government contracts, Grant
programs—housing and community
development, Housing Loan programs—
housing and community development,
Reporting and recordkeeping
requirements, Small businesses.

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24 CFR Part 200
Administrative practice and
procedure, Claims, Equal employment
opportunity, Fair housing, Housing
standards, Lead poisoning, Loan
programs—housing and community
development, Mortgage insurance,
Organization and functions
(Government agencies), Penalties,
Reporting and recordkeeping
requirements, Social security,
Unemployment compensation, Wages.

75933

24 CFR Part 242

24 CFR Part 578

Hospitals, Mortgage insurance,
Reporting and recordkeeping
requirements.

Community facilities, Continuum of
Care, Emergency solutions grants, Grant
programs—housing and community
development, Grant programs—social
programs, Homeless, Rural housing,
Reporting and recordkeeping
requirements, Supportive housing
programs— housing and community
development, Supportive services.

24 CFR Part 248
Grant programs—housing and
community development,
Intergovernmental relations, Loan
programs—housing and community
development, Low and moderate
income housing, Mortgage insurance,
Reporting and recordkeeping
requirements.

24 CFR Part 582

Intergovernmental relations, Low and
moderate income housing, Mortgage
insurance, Reporting and recordkeeping
requirements.

Civil rights, Community facilities,
Grant programs—housing and
community development, Grant
programs—social programs, Homeless,
Individuals with disabilities, Mental
health programs, Nonprofit
organizations, Rent subsidies, Reporting
and recordkeeping requirements.

24 CFR Part 401

24 CFR Part 583

Grant programs—housing and
community development, Loan
programs—housing and community
development, Low and moderate
income housing, Mortgage insurance,
Mortgages, Rent subsidies, Reporting
and recordkeeping requirements.

Civil rights, Community facilities,
Employment, Grant programs—housing
and community development, Grant
programs—social programs, Homeless,
Indians, Individuals with disabilities,
Mental health programs, Nonprofit
organizations, Reporting and
recordkeeping requirements, Technical
assistance.

24 CFR Part 266

24 CFR Part 570
Administrative practice and
procedure, American Samoa,
Community development block grants,
Grant programs—education, Grant
programs—housing and community
development, Guam, Indians, Loan
programs—housing and community
development, Low and moderate
income housing, Northern Mariana
Islands, Pacific Island Trust Territory,
Puerto Rico, Reporting and
recordkeeping requirements, Student
aid, Virgin Islands.
24 CFR Part 573

24 CFR Part 700
Aged, Grant programs—housing and
community development, Grant
programs—Indians, Indians, Individuals
with disabilities, Low and moderate
income housing, Public housing,
Reporting and recordkeeping
requirements.
24 CFR Part 761
Drug traffic control, Grant programs—
housing and community development,
Grant programs—Indians, Indians,
Public housing, Reporting and
recordkeeping requirements.

24 CFR Part 202
Administrative practice and
procedure, Home improvement,
Manufactured homes, Mortgage
insurance, Reporting and recordkeeping
requirements.

Arson, Community facilities, Loan
programs—housing and community
development, Nonprofit organizations,
Reporting and recordkeeping
requirements.

24 CFR Part 214
Administrative practice and
procedure, Loan programs—housing
and community development,
Organization and functions (government
agencies), Reporting and recordkeeping
requirements.

Community facilities, Grant
programs—housing and community
development, Grant programs—social
programs, HIV/AIDS, Low and moderate
income housing, Reporting and
recordkeeping requirements.

24 CFR Part 881

24 CFR Part 576

24 CFR Part 882

Community facilities, Grant
programs—housing and community
development, Grant programs—social
programs, Homeless, Reporting and
recordkeeping requirements.

Grant programs—housing and
community development, Homeless,
Lead poisoning, Manufactured homes,
Rent subsidies, Reporting and
recordkeeping requirements.

24 CFR Part 236
Grant programs—housing and
community development, Low and
moderate income housing, Mortgage
insurance, Rent subsidies, Reporting
and recordkeeping requirements.

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24 CFR Part 574

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24 CFR Part 880
Grant programs—housing and
community development, Rent
subsidies, Reporting and recordkeeping
requirements.

Grant programs—housing and
community development, Rent
subsidies, Reporting and recordkeeping
requirements.

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24 CFR Part 883
Grant programs—housing and
community development, Rent
subsidies, Reporting and recordkeeping
requirements.
24 CFR Part 884
Grant programs—housing and
community development, Rent
subsidies, Reporting and recordkeeping
requirements, Rural areas.
24 CFR Part 886
Grant programs—housing and
community development, Lead
poisoning, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 891
Aged, Grant programs—housing and
community development, Individuals
with disabilities, Loan programs—
housing and community development,
Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 902
Administrative practice and
procedure, Public housing, Reporting
and recordkeeping requirements.
24 CFR Part 905
Grant programs—housing and
community development, Public
housing, Reporting and recordkeeping
requirements.
24 CFR Part 943
Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 963
Grant programs—housing and
community development, Public
housing, Reporting and recordkeeping
requirements.

24 CFR Part 965

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24 CFR Part 1000
Aged, Community development block
grants, Grant programs—housing and
community development, Grant
programs—Indians, Indians, Individuals
with disabilities, Public housing,
Reporting and recordkeeping
requirements.
24 CFR Part 1003
Alaska, Community development
block grants, Grant programs—housing
and community development, Grant
programs—Indians, Indians, Reporting
and recordkeeping requirements.
24 CFR Part 1006
Community development block
grants, Grant programs—housing and
community development, Grant
programs—Indians, Hawaiian Natives,
Low and moderate income housing,
Reporting and recordkeeping
requirements.
Accordingly, for the reasons described
in the preamble, HUD amends title 24
CFR parts 4, 5, 92, 115, 125, 135, 200,
202, 214, 236, 242, 248, 266, 401, 570,
573, 574, 576, 578, 582, 583, 700, 761,
880, 881, 882, 883, 884, 886, 891, 902,
905, 943, 963, 964, 965, 970, 982, 990,
1000, 1003, and 1006, as follows:
PART 4—HUD REFORM ACT
1. The authority citation for part 4
continues to read as follows:

Grant programs—housing and
community development, Public
housing, Reporting and recordkeeping
requirements.
Government procurement, Grant
programs—housing and community
development, Lead poisoning, Loan
programs—housing and community
development, Public housing, Reporting
and recordkeeping requirements,
Utilities.
24 CFR Part 970
Grant programs—housing and
community development, Public
housing, Reporting and recordkeeping
requirements.

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24 CFR Part 990
Accounting, Grant programs—housing
and community development, Public
housing, Reporting and recordkeeping
requirements.

■

24 CFR Part 964

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24 CFR Part 982
Grant programs—housing and
community development, Grant
programs—Indians, Indians, Public
housing, Rent subsidies, Reporting and
recordkeeping requirements.

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■

PART 5—GENERAL HUD PROGRAM
REQUIREMENTS; WAIVERS
4. The authority citation for part 5
continues to read as follows:

■

Authority: 42 U.S.C. 1437a, 1437c, 1437d,
1437f, 1437n, 3535(d), Sec. 327, Pub. L. 109–
115, 119 Stat. 2936, and Sec. 607, Pub. L.
109–162, 119 Stat. 3051.
§ 5.107

[Amended]

5. Amend § 5.107 by removing
‘‘revised OMB Circular A–133, ‘Audits
of States, Local Governments and Nonprofit Organizations’ (see 24 CFR
84.26)’’ and adding in its place ‘‘2 CFR
part 200, subpart F’’.

■

§ 5.109

[Amended]

6. Amend § 5.109(g) by removing
‘‘(see, e.g., 24 CFR parts 84 and 85)’’ and
adding in its place ‘‘(see, e.g., 2 CFR
200.311)’’.

■

§ 5.801

[Amended]

7. Amend § 5.801(d)(1) by removing
‘‘OMB Circular A–133 (See 24 CFR
84.26)’’ and adding in its place ‘‘2 CFR
part 200, subpart F’’.

■

§ 5.1003

[Amended]

8. Amend § 5.1003 by removing ‘‘Data
Universal Numbering System (DUNS)’’
and ‘‘DUNS number’’ wherever they
appear and adding in their place
‘‘unique entity identifier’’.

■

9. Amend § 5.1004 as follows:
a. Revise the section heading; and
■ b. Remove ‘‘Central Contractor
Registration (CCR)’’ and ‘‘CCR’’ and add
in their place ‘‘System of Award
Management (SAM)’’ and ‘‘SAM in
accordance with 2 CFR part 25,
appendix A’’, respectively.
The revision reads as follows:
■
■

§ 5.1004

*

2. Revise § 4.5(a) to read as follows:

PART 92—HOME INVESTMENT
PARTNERSHIPS PROGRAM

§ 4.5 Notice and documentation of
assistance subject to section 102(a).

(a) Notice. Before the Department
solicits an application for assistance
subject to Section 102(a), it will post a
notice describing application
procedures and selection criteria not
less than 30 calendar days before the
deadline by which applications must be
submitted.
*
*
*
*
*
§ 4.9

[Amended]

3. Amend § 4.9(a)(1)(iii) by removing
‘‘24 CFR part 85’’ and adding in its
place ‘‘2 CFR 200.80’’.

■

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*

System of award management.

Authority: 42 U.S.C. 3535(d), 3537a, 3545.

*

*

*

10. The authority citation for part 92
continues to read as follows:

■

Authority: 42 U.S.C. 3535(d) and 12701–
12839
§ 92.2

[Amended]

11. In § 92.2, amend paragraph (6) of
the definition of ‘‘Community housing
development organization,’’ by
removing ‘‘24 CFR 84.21, ‘Standards for
Financial Management Systems;’ ’’ and
adding in its place ‘‘2 CFR 200.302,
‘Financial Management’ and 2 CFR
200.303, ‘Internal Controls;’ ’’.

■

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
§ 92.64

[Amended]

12. Amend § 92.64(a)(2)(ii) by
removing ‘‘24 CFR 85.21’’ and adding in
its place ‘‘2 CFR 200.305’’.

■

§ 92.204

[Amended]

13. Amend § 92.204(a)(2)(ii) by
removing ‘‘24 CFR 85.21’’ and adding in
its place ‘‘2 CFR 200.305’’.

■

§ 92.207

[Amended]

[Amended]

15. Amend § 92.214(b)(2) by removing
‘‘2 CFR part 225 (OMB Circular A–87,
entitled ‘Cost Principles for State, Local
and Indian Tribal Governments’)’’ and
adding in its place ‘‘2 CFR 200.406’’.

■

§ 92.220

[Amended]

16. Amend § 92.220(a)(1)(ii) by
removing ‘‘24 CFR 85.26(b)’’ and adding
in its place ‘‘2 CFR 200.80’’.

■

§ 92.257

[Amended]

17. Amend § 92.257(e) by removing
‘‘(see 24 CFR parts 84 and 85)’’ and
adding in its place ‘‘(see 2 CFR
200.311)’’.

■

§ 92.351

[Amended]

18. Amend § 92.351(b) by removing
‘‘Section 85.36(e) of this title’’ and
replacing with ‘‘Section 200.321 of title
2 Code of Federal Regulations’’.
[Amended]

19. Amend § 92.356(a) by:
a. Removing ‘‘24 CFR 85.36 and 24
CFR 84.42, respectively,’’ and adding in
its place ‘‘2 CFR 200.317 and 2 CFR
200.318’’; and
■ b. Removing ‘‘24 CFR 85.36 and 24
CFR 84.42’’ and adding in its place ‘‘2
CFR 200.317 and 200.318’’.
■ 20. Revise § 92.502(c)(2) to read as
follows:
■
■

§ 92.502 Program disbursement and
information system.

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*

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21. Amend § 92.504 as follows:
a. In paragraph (c)(1)(x) by:
i. Removing ‘‘24 CFR 85.43’’ and
adding in its place ‘‘2 CFR 200.338’’;
■ ii. Removing ‘‘for convenience’’ and
adding in its place ‘‘in whole or in
part’’; and
■ iii. Removing ‘‘24 CFR 85.44’’ and
adding in its place ‘‘2 CFR 200.339’’;
and
■ b. In paragraph (c)(2)(ix) by:
■ i. Removing ‘‘24 CFR 85.43’’ and
adding in its place ‘‘2 CFR 200.338’’;
■ ii. Removing ‘‘for convenience’’ and
adding in its place ‘‘in whole or in
part’’; and
■ iii. Removing ‘‘24 CFR 85.44’’ and
adding in its place ‘‘2 CFR 200.339’’.
■ 22. Revise § 92.505 to read as follows.

The requirements of 2 CFR part 200
apply to participating jurisdictions,
State recipients, and subrecipients
receiving HOME funds, except for the
following provisions: §§ 200.306,
200.307, 200.308 (not applicable to
participating jurisdictions), 200.311
(except as provided in § 92.257),
200.312, 200.329, 200.333, and 200.334.
The provisions of 2 CFR 200.305 apply
as modified by § 92.502(c). If there is a
conflict between definitions in 2 CFR
part 200 and 24 CFR part 92, the
definitions in 24 CFR part 92 govern.
§ 92.506

[Amended]

[Amended]

25. Amend § 92.508 as follows:
a. In paragraph (a)(3)(ii) remove ‘‘24
CFR 85.20’’ and add in its place ‘‘2 CFR
200.302’’;
■ b. In paragraph (a)(5)(i) add ‘‘, in
accordance with 2 CFR 200.302,’’ after
‘‘Records’’; and
■ c. In paragraph (a)(5)(iv) remove ‘‘, in
accordance with 24 CFR 85.20,’’ and
add ‘‘and other records required by 2
■
■

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§ 92.551

[Amended]

26. Amend § 92.551(c)(2) by:
a. Removing ‘‘24 CFR 85.12’’ and
adding in its place ‘‘2 CFR 200.207’’;
and
■ b. Adding ‘‘, including remedies
under 2 CFR 200.338’’ at the end of the
paragraph.
■
■

PART 115—CERTIFICATION AND
FUNDING OF STATE AND LOCAL FAIR
HOUSING ENFORCEMENT AGENCIES
27. The authority citation for part 115
continues to read as follows:

■

Authority: 42 U.S.C. 3601–19; 42 U.S.C.
3535(d).

28. Revise § 115.308(e) to read as
follows:

■

§ 115.308 Reporting and recordkeeping
requirements.

*

*
*
*
*
(e) All files will be kept in such
fashion as to permit audits under 2 CFR
part 200, subpart F.
PART 125—FAIR HOUSING
INITIATIVES PROGRAM
29. The authority citation for part 125
continues to read as follows:

■

Authority: 42 U.S.C. 3535(d), 3616 note.
§ 125.104

[Amended]

30. Amend § 125.104(g) by removing
‘‘part 44 or part 45, as appropriate, of
this title’’ and adding in its place ‘‘2
CFR part 200, subpart F.’’

■

PART 135—ECONOMIC
OPPORTUNITIES FOR LOW- AND
VERY LOW-INCOME PERSONS
31. The authority citation for part 135
continues to read as follows:

Authority: 12 U.S.C. 1701u; 42 U.S.C.
3535(d).
§ 135.11

Closeout.

HOME funds will be closed out in
accordance with 2 CFR part 200, subpart
D.
§ 92.508

CFR 200.302’’ at the end of the
paragraph.

■

23. Amend § 92.506 by removing ‘‘24
CFR 84.26 and 85.26’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.
■ 24. Revise § 92.507 to read as follows:
■

§ 92.507

*
*
*
*
(c) * * *
(2) HOME funds drawn from the
United States Treasury account must be
expended for eligible costs within 15
days. Any interest earned within the 15day period may be retained by the
participating jurisdiction as HOME
funds. Any funds that are drawn down
and not expended for eligible costs
within 15 days of the disbursement
must be returned to HUD for deposit in
the participating jurisdiction’s United
States Treasury account of the HOME

VerDate Sep<11>2014

[Amended]

§ 92.505 Applicability of uniform
administrative requirements.

■

§ 92.356

§ 92.504
■
■
■

14. Amend § 92.207(e) by removing
‘‘OMB Circulars A–87 or A–122, as
applicable’’ and adding in its place ‘‘2
CFR part 200, subpart E.’’

■

§ 92.214

Investment Trust Fund. Interest earned
after 15 days belongs to the United
States and must be remitted to the
United States as provided in 2 CFR
200.305(b)(9), except interest amounts
up to $500 per year may be retained for
administrative expenses.
*
*
*
*
*

75935

Sfmt 4700

[Amended]

32. Amend § 135.11 as follows:
a. In paragraph (a), remove ‘‘(24 CFR
85.36)’’ from the paragraph heading and
add in its place ‘‘2 CFR part 200,
subpart D’’;
■ b. In paragraph (a)(1), remove ‘‘24 CFR
85.36(c)’’ and ‘‘24 CFR 85.36(c)(2)’’ and
add in their place ‘‘2 CFR 200.319’’;
■ c. In paragraph (a)(2), remove ‘‘24 CFR
85.36(d)’’ and add in its place ‘‘2 CFR
200.320’’; and
■ d. In paragraph (b), remove ‘‘OMB
Circular No. A–110’’ everywhere it
appears and add in its place ‘‘2 CFR part
200, subpart D’’.
■
■

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75936
§ 135.36

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
§ 214.103

[Amended]

33. Amend § 135.36(c) by removing
‘‘24 CFR 85.36 (see 24 CFR
85.36(b)(8)).)’’ and adding in its place ‘‘2
CFR 200.318(h).)’’.

■

Appendix to Part 135 [Amended]
34. Amend the appendix to part 135
as follows:
■ a. In section III, introductory text,
remove ‘‘24 CFR 85.36(d)’’ and add in
its place ‘‘2 CFR 200.320’’; and
■ b. In section III, paragraph (3)(i),
remove ‘‘(24 CFR 85.36(d)(3))’’ and add
in its place ‘‘(2 CFR 200.320)’’.
■

PART 200—INTRODUCTION TO FHA
PROGRAMS
35. The authority citation for part 200
continues to read as follows:

■

Authority: 12 U.S.C. 1702–1715z–21; 42
U.S.C. 3535(d).
■

§ 214.315

[Amended]

41. Amend § 214.315(a) by removing
‘‘24 CFR 1.6, 24 CFR 84.21, and 24 CFR
part 121’’ and adding in its place ‘‘2
CFR part 200, subpart D, 24 CFR 1.6,
and 24 CFR part 121’’.

■

36. Revise § 200.11 to read as follows:

§ 200.11 Audit requirements for State and
local governments as mortgagees.

Requirements set forth in 2 CFR part
200, subpart F, apply to State and local
governments (as defined at 2 CFR
200.90 and 200.64, respectively) that
receive mortgage insurance as
mortgagees.
PART 202—APPROVAL OF LENDING
INSTITUTIONS AND MORTGAGEES
37. The authority citation for part 202
continues to read as follows:

■

Authority: 12 U.S.C. 1703, 1709, and
1715b; 42 U.S.C. 3535(d).

§ 214.500

[Amended]

42. Amend § 214.500 by removing ‘‘24
CFR parts 84 and 85’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

*

*
*
*
*
(c) Audit requirements. The insuring
of loans and mortgages under the Act
constitutes ‘‘Federal financial
assistance’’ (as defined in 2 CFR 200.40)
for purposes of audit requirements set
out in 2 CFR part 200, subpart F. NonFederal entities (as defined in 2 CFR
200.69) that receive insurance as lenders
and mortgagees shall conduct audits in
accordance with 2 CFR part 200, subpart
F.

Authority: 12 U.S.C. 1715b, 1715z–1, and
1735d; 42 U.S.C. 3535(d).

PART 266—HOUSING FINANCE
AGENCY RISK-SHARING PROGRAM
FOR INSURED AFFORDABLE
MULTIFAMILY PROJECT LOANS
50. The authority citation for part 266
continues to read as follows:

■

Authority: 12 U.S.C. 1707; 42 U.S.C.
3535(d).
§ 266.510

[Amended]

51. Amend § 266.510(c) by removing
‘‘24 CFR part 85.26’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

PART 401—MULTIFAMILY HOUSING
MORTGAGE AND HOUSING
ASSISTANCE RESTRUCTURING
PROGRAM (MARK-TO-MARKET)

PART 242—MORTGAGE INSURANCE
FOR HOSPITALS
45. The authority citation for part 242
continues to read as follows:

■

Authority: 12 U.S.C. 1709, 1710, 1715b,
1715n(f), and 1715u; 42 U.S.C. 3535(d).
§ 242.58

46. Amend § 242.58(c)(1) by removing
‘‘OMB Circular A–133 (Audits of states,
local governments, and nonprofit
organizations)’’ and adding in its place
‘‘2 CFR part 200, subpart F’’.

39. The authority citation for part 214
is revised to read as follows:

■

Authority: 12 U.S.C. 1701x, 1701x–1; 42
U.S.C. 3535(d).

Authority: 12 U.S.C. 17151 note, 4101
note, and 4101–4124; 42 U.S.C. 3535(d).

47. The authority citation for part 248
continues to read as follows:

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§ 401.302

[Amended]

53. Amend § 401.302(a) by removing
‘‘Parts 84 and 85 of this title’’ and
adding in its place ‘‘Part 200 of 2 CFR’’.
PART 570—COMMUNITY
DEVELOPMENT BLOCK GRANTS
54. The authority citation for part 570
continues to read as follows:

■

Authority: 42 U.S.C. 3535(d) and 5301–
5320.

55. Amend § 570.200 by:
a. In paragraph (a)(5) introductory
text:
■ i. Removing ‘‘OMB Circulars A–87,
‘Cost Principles for State, Local and
Indian Tribal Governments’; A–122,
‘Cost Principles for Non-profit
Organizations’; or A–21, ‘Cost Principles
for Educational Institutions,’ as
applicable’’ and adding in its place ‘‘2
CFR part 200, subpart E’’;
■ ii. Removing footnote 1;
■ iii. Removing ‘‘Attachment B of these
Circulars’’ and adding in its place ‘‘2
CFR part 200, subpart E,’’; and
■
■

[Amended]

■

PO 00000

52. The authority citation for part 401
continues to read as follows:

■

[Amended]

44. Amend § 236.901 by removing ‘‘24
CFR part 44’’ and adding in its place ‘‘2
CFR part 200, subpart F’’.

■

Jkt 238001

[Amended]

49. Amend § 248.173(q) by removing
‘‘part 45 of this title’’ and adding in its
place ‘‘2 CFR part 200, subpart F,’’.

■

Authority: 12 U.S.C. 1715z–1 and 1735f–
18(b); 42 U.S.C. 1437(c)(8), 1437f(t) note, and
3535(d).

PART 248—PREPAYMENT OF LOW
INCOME HOUSING MORTGAGES

15:15 Dec 04, 2015

§ 248.173

43. The authority citation for part 236
continues to read as follows:

■

PART 214—HOUSING COUNSELING
PROGRAM

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48. In § 248.101, amend paragraph (6)
of the definition of ‘‘Community-Based
Nonprofit Organization’’ by removing
‘‘Attachment F of OMB Circular No. A–
110 (Rev.) ‘Standards for Financial
Management Systems’ ’’ and adding in
its place ‘‘2 CFR 200.302 and 200.303’’.

■

■

■

§ 202.10 Governmental institutions,
Government-sponsored enterprises, public
housing agencies and State housing
agencies.

[Amended]

PART 236—MORTGAGE INSURANCE
AND INTEREST REDUCTION
PAYMENT FOR RENTAL PROJECTS

§ 236.901

38. Revise § 202.10(c) to read as
follows:

■

jstallworth on DSK7TPTVN1PROD with RULES

§ 248.101

[Amended]

40. Amend § 214.103 as follows:
a. In paragraph (e), remove ‘‘24 CFR
1.6, 24 CFR 84.21, and 24 CFR 121’’ and
add in its place ‘‘2 CFR part 200,
subpart D, 24 CFR 1.6, and 24 CFR part
121’’;
■ b. In paragraph (i)(2), remove ‘‘24 CFR
part 84 (Uniform Administrative
Requirements for Grants and
Agreements with Institutions of Higher
Education, Hospitals, and Other NonProfit Organizations) and 24 CFR part 85
(Administrative Requirements for
Grants and Cooperative Agreements to
States, Local and Federally Recognized
Indian Tribal Governments), as
applicable, and with the OMB Circulars
described therein’’ and add in its place
‘‘2 CFR part 200’’.
■
■

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
iv. Removing ‘‘Attachment A of such
circulars’’ and adding in its place ‘‘2
CFR part 200, subpart E,’’;
■ b. In paragraph (a)(5)(i), removing
‘‘HUD’s specific approval or, if charged
through a cost allocation plan’’ and
adding in its place ‘‘the approval of’’;
■ c. In paragraph (a)(5)(ii), removing
‘‘and penalties (including punitive
damages)’’ and adding in its place
‘‘penalties, damages, and other
settlements’’;
■ d. Redesignating paragraph (a)(5)(iii)
as paragraph (a)(5)(v);
■ e. Adding paragraphs (a)(5)(iii) and
(iv);
■ f. In paragraph (d)(2), removing ‘‘24
CFR 85.36’’ and adding in its place ‘‘2
CFR part 200, subpart D’’;
■ g. In paragraph (f)(1)(i)(B), removing
‘‘24 CFR 85.36’’ and adding in its place
‘‘2 CFR part 200, subpart D’’; and
■ h. In paragraph (j)(5), removing ‘‘(see
24 CFR parts 84 and 85)’’ and adding in
its place ‘‘(see 2 CFR 200.311)’’.
The additions read as follows:
■

§ 570.200

General policies.

(a) * * *
(5) * * *
(iii) Costs of housing (e.g.,
depreciation, maintenance, utilities,
furnishings, rent), housing allowances
and personal living expenses (goods or
services for personal use) regardless of
whether reported as taxable income to
the employees (2 CFR 200.445);
(iv) Organization costs (2 CFR
200.455); and
*
*
*
*
*
§ 570.206

[Amended]

56. Amend § 570.206(e) by removing
‘‘OMB Circular A–21, A–87, or A–122 as
applicable’’ and adding in its place ‘‘2
CFR part 200, subpart E’’.

■

§ 570.207

[Amended]

57. Amend § 570.207 as follows:
a. In paragraph (a)(2), remove ‘‘OMB
Circular A–87’’ and add in its place ‘‘2
CFR part 200, subpart E’’;
■ b. In paragraph (b)(1)(i), remove ‘‘,
depreciation, or use allowances
pursuant to OMB Circulars A–21, A–87
or A–122’’ and add in its place ‘‘or
depreciation pursuant to 2 CFR part
200, subpart E,’’; and
■ c. In paragraph (b)(1)(iii), remove ‘‘or
use allowances (in accordance with
OMB Circulars A–21, A–87 or A–122, as
applicable)’’ and add in its place ‘‘in
accordance with 2 CFR part 200, subpart
E,’’.

jstallworth on DSK7TPTVN1PROD with RULES

■
■

§ 570.402

[Amended]

58. Amend § 570.402 as follows:
a. In paragraph (a)(1), remove the last
sentence of the paragraph; and

■
■

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b. In paragraph (a)(2), remove ‘‘OMB
Circulars’’ and add in its place ‘‘2 CFR
part 200’’.

■

§ 570.415

[Amended]

59. Amend § 570.415(k)(3)(iii) by
removing ‘‘OMB Circulars A–101 and
A–110’’ and adding in its place ‘‘2 CFR
part 200’’.
■ 60. Revise § 570.416(j)(2) to read as
follows:
■

§ 570.416 Hispanic-serving institutions
work study program.

*

*
*
*
*
(j) * * *
(2) Uniform administrative
requirements. Recipients under HSI–
WSP shall comply with the
requirements and standards of 2 CFR
part 200, ‘‘Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal
Awards.’’ Audits in accordance with 2
CFR part 200, subpart F, shall be
conducted annually.
■ 61. Amend § 570.489 as follows:
■ a. In paragraph (d)(1)(i), add ‘‘and the
terms and conditions of the award’’ at
the end of the paragraph;
■ b. In paragraph (d)(2)(iii), remove ‘‘24
CFR part 85 ‘Uniform Administrative
Requirements for Grants and
Cooperative Agreements to States and
Local Governments.’’’ and add in its
place ‘‘2 CFR part 200.’’;
■ c. In paragraph (d)(2)(iii)(A), remove
‘‘part 85’’ and add in its place ‘‘2 CFR
part 200’’;
■ d. In paragraph (d)(2)(iii)(B), remove
‘‘part 85 of this title’’ and ‘‘part 84 of
this title, ‘Uniform Administrative
Requirements for Grants and
Agreements with Institutions of Higher
Education, Hospitals, and Other NonProfit Organizations,’ as applicable’’ and
add in their place ‘‘2 CFR part 200’’;
■ e. In paragraph (j), remove ‘‘(24 CFR
85.36, ‘Administrative Requirements for
Grants and Cooperative Agreements to
State, Local and Federally Recognized
Indian Tribal Governments’)’’ and add
in its place ‘‘(2 CFR 200.88)’’;
■ f. Redesignate paragraphs (m) and (n)
as paragraphs (n) and (p), respectively;
■ g. Add paragraph (m); and
■ h. Revise newly redesignated
paragraphs (n) and (p).
The revision and additions to read as
follows:
§ 570.489 Program administrative
requirements.

*

*
*
*
*
(m) Subrecipient monitoring and
management. The provisions of 2 CFR
200.330 through 200.332 are applicable.
(n) Audits. Notwithstanding any other
provision of this title, audits of a State

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75937

and units of general local government
shall be conducted in accordance with
2 CFR part 200, subpart F, which
implements the Single Audit Act. States
shall develop and administer an audits
management system to ensure that
audits of units of general local
government are conducted in
accordance with 2 CFR part 200, subpart
F.
*
*
*
*
*
(p) Cost principles and prior
approval. A State must ensure that costs
incurred by the State and by its
recipients are in conformance with 2
CFR part 200, subpart E. All cost items
described in 2 CFR part 200, subpart E,
that require Federal agency approval are
allowable without prior approval of
HUD, to the extent that they otherwise
comply with the requirements of 2 CFR
part 200, subpart E, and are otherwise
eligible, except for the following:
(1) Depreciation methods for fixed
assets shall not be changed without the
express approval of the cognizant
Federal agency (2 CFR 200.436).
(2) Fines, penalties, damages, and
other settlements are unallowable costs
to the CDBG program (2 CFR 200.441).
(3) Costs of housing (e.g.,
depreciation, maintenance, utilities,
furnishings, rent), housing allowances,
and personal living expenses (goods or
services for personal use) regardless of
whether reported as taxable income to
the employees (2 CFR 200.445).
(4) Organization costs (2 CFR
200.455).
§ 570.490

[Amended]

62. Amend § 570.490(a)(1) by
removing ‘‘24 CFR part 85’’ and adding
in its place ‘‘2 CFR 200, subpart F’’.

■

§ 570.500

[Amended]

63. Amend § 570.500(c) by removing
‘‘24 CFR 85.36 or 84.40, as applicable’’
and adding in its place ‘‘2 CFR part 200,
subpart D’’.
■ 64. Revise § 570.502 to read as
follows:
■

§ 570.502 Applicability of uniform
administrative requirements.

(a) Grantees and subrecipients shall
comply with 2 CFR part 200, ‘‘Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards’’, except that:
(1) Section 200.305 ‘‘Payment’’ is
modified for lump sum drawdown for
financing of property rehabilitation
activities, in accordance with § 570.513.
(2) Section 200.306 ‘‘Cost sharing or
matching’’ does not apply.
(3) Section 200.307 ‘‘Program
income’’ does not apply. Program
income is governed by § 570.504.

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75938

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations

(4) Section 200.308 ‘‘Revisions of
budget and program plans’’ does not
apply.
(5) Section 200.311 ‘‘Real property’’
does not apply, except as provided in
§ 570.200(j). Real property is governed
by § 570.505.
(6) Section 200.313 ‘‘Equipment’’
applies, except that when the
equipment is sold, the proceeds shall be
program income. Equipment not needed
by the subrecipient for CDBG activities
shall be transferred to the recipient for
the CDBG program or shall be retained
after compensating the recipient.
(7) Section 200.333 ‘‘Retention
requirements for records’’ applies
except that:
(i) For recipients:
(A) The period shall be 4 years from
the date of execution of the closeout
agreement for a grant, as further
described in this part;
(B) Records for individual activities
subject to the reversion of assets
provisions at § 570.503(b)(7) or the
change of use provisions at § 570.505
must be maintained for 3 years after
those provisions no longer apply to the
activity;
(C) Records for individual activities
for which there are outstanding loan
balances, other receivables, or
contingent liabilities must be retained
for 3 years after the receivables or
liabilities have been satisfied.
(ii) For subrecipients:
(A) The retention period for
individual CDBG activities shall be the
longer of 3 years after the expiration or
termination of the subrecipient
agreement under § 570.503, or 3 years
after the submission of the annual
performance and evaluation report, as
prescribed in § 91.520 of this title, in
which the specific activity is reported
on for the final time;
(B) Records for individual activities
subject to the reversion of assets
provisions at § 570.503(b)(7) or change
of use provisions at § 570.505 must be
maintained for as long as those
provisions continue to apply to the
activity; and
(C) Records for individual activities
for which there are outstanding loan
balances, other receivables, or
contingent liabilities must be retained
until such receivables or liabilities have
been satisfied.
(8) Section 200.343 ‘‘Closeout’’
applies to closeout of subrecipients.
(b) [Reserved]
■ 65. Amend § 570.503 by:
■ a. In paragraph (b)(4), removing
‘‘administrative’’ everywhere it appears;
and
■ b. Revising paragraph (b)(6).

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The revision reads as follows:
§ 570.503

Agreements with subrecipients.

*

*
*
*
*
(b) * * *
(6) Suspension and termination. The
agreement shall set forth remedies for
noncompliance and provisions on
termination in accordance with 2 CFR
part 200, subpart D.
*
*
*
*
*
§ 570.508

66. Amend § 570.508 by removing ‘‘24
CFR 85.42(f)’’ and adding in its place ‘‘2
CFR 200.337’’.
[Amended]

67. Amend § 570.509 as follows:
a. In paragraph (e), remove ‘‘24 CFR
85.44’’ and add in its place ‘‘2 CFR
200.339’’; and
■ b. In paragraph (f), remove ‘‘24 CFR
85.43(c)’’ and add in its place ‘‘2 CFR
200.342’’.
■
■

§ 570.511

68. Amend § 570.511(a)(2) by
removing ‘‘24 CFR 85.36’’ and adding in
its place ‘‘2 CFR part 200, subpart D’’.
69. Revise § 570.610 to read as
follows:

■

§ 570.610 Uniform administrative
requirements, cost principles, and audit
requirements for Federal awards.

The recipient, its agencies or
instrumentalities, and subrecipients
shall comply with 2 CFR part 200,
‘‘Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards’’, as
set forth at § 570.502.
[Amended]

74. The authority citation for part 574
continues to read as follows:

■

§ 574.3

[Amended]

75. In § 574.3, amend the definition of
‘‘Project sponsor’’ by removing ‘‘24 CFR
85.36’’ and adding in its place ‘‘2 CFR
part 200, subpart D’’.

■

§ 574.300

[Amended]

76. Amend § 574.300(c)(5) by
removing ‘‘24 CFR parts 84 and 85’’ and
adding in its place ‘‘2 CFR 200.311’’.

■

§ 574.500

[Amended]

77. Amend § 574.500(c) by:
a. Removing ‘‘24 CFR 85.43’’ and
adding in its place ‘‘2 CFR part 200,
subpart D’’; and
■ b. Removing ‘‘paragraph (a) of that
section’’ and adding in its place ‘‘2 CFR
200.338’’.
■ 78. Revise § 574.605 to read as
follows:
§ 574.605 Applicability of uniform
administrative requirements, cost
principles, and audit requirements for
Federal awards.

The provisions of 2 CFR part 200,
‘‘Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards’’,
apply to HOPWA grants.
§ 574.625

70. Amend § 570.611 as follows:
■ a. In paragraph (a)(1), remove ‘‘24 CFR
85.36 and 24 CFR 84.42, respectively,’’
and add in its place ‘‘2 CFR 200.317 and
200.318’’; and
■ b. In paragraph (a)(2), remove ‘‘24 CFR
85.36 and 84.42’’ and add in its place ‘‘2
CFR 200.317 and 200.318’’.
■

§ 570.904

PART 574—HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS

■
■

[Amended]

■

§ 570.611

[Amended]

73. Amend § 573.9(b) by removing ‘‘2
CFR part 84’’ everywhere it appears and
adding in its place ‘‘2 CFR part 200’’.

■

Authority: 42 U.S.C. 3535(d) and 12901–
12912.

[Amended]

■

§ 570.509

§ 573.9

[Amended]

[Amended]

79. In § 574.625, amend paragraph (a)
by removing ‘‘OMB Circular A–102 and
24 CFR 85.36(b)(3)’’ and adding in its
place ‘‘2 CFR 200.317 (for recipients and
subrecipients that are States) and 2 CFR
200.318 (for recipients and
subrecipients that are not States)’’.
■ 80. Revise § 574.650 to read as
follows:
■

71. Amend § 570.904(d) by removing
‘‘24 CFR 85.36(e)’’ and both instances of
‘‘§ 85.36(e) of this chapter’’ and adding
in their place ‘‘2 CFR 200.321’’.

§ 574.650

PART 573—LOAN GUARANTEE
RECOVERY FUND

PART 576—EMERGENCY SOLUTIONS
GRANTS PROGRAMS

■

72. The authority citation for part 573
continues to read as follows:

■

Authority: Pub. L. 104–155, 110 Stat.
1392, 18 U.S.C. 241 note; 42 U.S.C. 3535(d).

Authority: 42 U.S.C. 11371 et seq., 42
U.S.C. 3535(d).

■

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Audit.

Grantees and project sponsors are
subject to the audit requirements set
forth in 2 CFR part 200, subpart F.

81. The authority citation for part 576
continues to read as follows:

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
§ 576.2

[Amended]

82. In § 576.2, amend the definition of
‘‘Program income’’ by removing ‘‘24
CFR 85.25’’ and adding in its place ‘‘2
CFR 200.80’’.

■

§ 576.100

[Amended]

83. Amend § 576.100(d) by removing
‘‘OMB Circulars A–87 (2 CFR 225) and
A–122 (2 CFR 230)’’ and adding in its
place ‘‘2 CFR part 200, subpart E,’’.

■

§ 576.109

[Amended]

84. Amend § 576.109 as follows:
a. In paragraph (a), remove ‘‘OMB
Circular A–87 (2 CFR part 225), or A–
122 (2 CFR part 230), as applicable’’ and
add in its place ‘‘2 CFR part 200,
subpart E’’; and
■ b. In paragraph (b), remove ‘‘an
indirect cost rate proposal developed in
accordance with OMB Circular A–87 (2
CFR part 225), or A–122 (2 CFR part
230), as applicable’’ and add in its place
‘‘2 CFR part 200, subpart E’’.
■
■

§ 576.200

[Amended]

85. Amend § 576.200(a) by removing
‘‘24 CFR 85.12’’ and adding in its place
‘‘2 CFR 200.207’’.
■ 86. Revise § 576.201(a), (b), and (c) to
read as follows:
■

jstallworth on DSK7TPTVN1PROD with RULES

§ 576.201

Matching requirement.

(a) The recipient must make matching
contributions to supplement the
recipient’s ESG program in an amount
that equals the recipient’s fiscal year
grant for ESG. This amount may include
contributions to any project under the
recipient’s ESG program, including any
subrecipient’s ESG project, if the
requirements in this section are met.
The first $100,000 of a State’s fiscal year
grant is not required to be matched, but
the benefit of this exception must pass
to the state’s subrecipients that are least
capable of providing matching
contributions. The match requirements
under this section do not apply if the
recipient is a territory.
(b) To be recognized as match for
ESG, each contribution must meet the
requirements under 2 CFR 200.306,
except that:
(1) Notwithstanding 2 CFR
200.306(b)(4), matching contributions
are not subject to the expenditure limits
in § 576.100; and
(2) Notwithstanding 2 CFR
200.306(b)(5), the recipient may use
funds from another Federal program as
match for ESG, unless doing so would
violate a specific statutory prohibition
or the recipient or subrecipient counts
ESG funds as match for that program.
(c) The recipient may count as match
the value specified in 2 CFR 200.306(d)

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75939

for any building the recipient or
subrecipient donates for long-term use
in the recipient’s ESG program,
provided that depreciation on the
building is not counted as match or
charged to any Federal award. If a third
party donates a building to the recipient
or subrecipient, the recipient may count
as match either depreciation of the
building and fair rental charges for the
land for each year the building is used
for the recipient’s ESG program or, if the
building is donated for long-term use in
the recipient’s ESG program, the fair
market value of the capital assets, as
specified in 2 CFR 200.306(h)(2), (i), and
(j). To qualify as a donation for longterm use, the donation must be
evidenced by a recorded deed or use
restriction that is effective for at least 10
years after the donation date. If the
donated building is renovated with ESG
funds, the minimum period of use
under § 576.102(c) may increase the
period for which the building must be
used in the recipient’s ESG program.
*
*
*
*
*
■ 87. In § 576.404, add a sentence at the
end of paragraph (a) and revise
paragraph (b) introductory text to read
as follows:

rehabilitation, conversion, or other
renovation under § 576.102 is governed
by the minimum period of use
requirements under § 576.102(c).
*
*
*
*
*
■ 90. Amend § 576.500 as follows:
■ a. In paragraph (a), add at the end of
the first sentence ‘‘, including those
required by 2 CFR part 200’’;
■ b. In paragraph (s)(2), remove ‘‘24 CFR
part 85 (for governments) and 24 CFR
part 84 (for nonprofit organizations)’’
and add in its place ‘‘2 CFR part 200’’;
■ c. In paragraph (u)(2), remove
‘‘§ 576.101–§ 576.109 and the cost
principles in OMB Circulars A–87 (2
CFR part 225) and A–122 (2 CFR part
230)’’ and add in its place ‘‘§§ 576.101
through 576.109, financial management
in 2 CFR 200.302, and the cost
principles in 2 CFR part 200, subpart
E’’;
■ d. In paragraph (v)(2), remove ‘‘24
CFR 85.36 and 24 CFR 84.40–84.48’’
and add in its place ‘‘2 CFR part 200,
subpart D’’;
■ e. Revise paragraph (z)(1); and
■ f. In paragraph (aa), remove ‘‘24 CFR
parts 85 and 91’’ and add in its place ‘‘2
CFR part 200 and 24 CFR part 91’’.
The revision reads as follows:

§ 576.404

§ 576.500 Recordkeeping and reporting
requirements.

Conflicts of interest.

(a) * * * Recipients and
subrecipients must also maintain
written standards of conduct covering
organizational conflicts of interest
required under 2 CFR 200.318.
(b) Individual conflicts of interest. For
the procurement of goods and services,
the recipient and its subrecipients must
comply with 2 CFR 200.317 and
200.318. For all other transactions and
activities, the following restrictions
apply:
*
*
*
*
*
§ 576.406

[Amended]

88. Amend § 576.406(e) by:
a. Removing ‘‘Solutions ESG funds’’
and adding in its place ‘‘ESG funds’’;
and
■ b. Removing ‘‘(see 24 CFR parts 84
and 85)’’ and adding in its place ‘‘(see
2 CFR 200.311)’’.
■ 89. Revise § 576.407(c) to read as
follows:
■
■

§ 576.407

Other Federal requirements.

*

*
*
*
*
(c) Uniform requirements. The
requirements of 2 CFR part 200 apply to
the recipient and subrecipients, and:
(1) Program income may be used as
matching contributions, subject to the
requirements in § 576.201;
(2) The disposition of real property for
which ESG funds are used for major

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*

*
*
*
*
(z) * * *
(1) Federal Government rights.
Notwithstanding the confidentiality
procedures established under paragraph
(x) of this section, the recipient and its
subrecipients must comply with the
requirements for access to records in 2
CFR 200.336.
*
*
*
*
*
PART 578—CONTINUUM OF CARE
PROGRAM
91. The authority citation for part 578
continues to read as follows:

■

Authority: 42 U.S.C. 11371 et seq., 42
U.S.C. 3535(d).
§ 578.11

[Amended]

92. Amend § 578.11 as follows:
a. In paragraph (b)(2), remove ‘‘24 CFR
84.21 (for nonprofit organizations) and
24 CFR 85.20 (for States)’’ and add in its
place ‘‘2 CFR 200.302’’; and
■ b. In paragraph (c)(3), remove ‘‘24 CFR
parts 84 and 85 and corresponding OMB
circulars’’ and add in its place ‘‘2 CFR
part 200, subpart D’’.
■
■

§ 578.63

[Amended]

93. Amend § 578.63 as follows:
a. In paragraph (a), remove ‘‘OMB
Circulars A–87 or A–122, as applicable’’

■
■

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations

and add in its place ‘‘2 CFR part 200,
subpart E’’;
■ b. In paragraph (b):
■ i. Remove ‘‘subpart D’’ and add in its
place ‘‘this subpart’’; and
■ ii. Remove ‘‘OMB Circulars A–87 or
A–122, as applicable’’ and add in its
place ‘‘2 CFR part 200, subpart E’’.
■ 94. Amend § 578.73 as follows:
■ a. In paragraph (b), revise the first
sentence;
■ b. In paragraph (c)(2), remove ‘‘24 CFR
84.23 and 85.24’’ and add in its place ‘‘2
CFR 200.306, with the exception of
§ 200.306(b)(5)’’.
The revision reads as follows:

■

§ 578.73

Authority: 42 U.S.C. 3535(d) and 11403–
11407b.

Matching requirements.

*

*
*
*
*
(b) Cash sources. Notwithstanding 2
CFR 200.306(b)(5), a recipient or
subrecipient may use funds from any
source, including any other federal
sources (excluding Continuum of Care
program funds), as well as State, local,
and private sources, provided that funds
from the source are not statutorily
prohibited to be used as a match. * * *
*
*
*
*
*

§ 578.87

[Amended]

95. Amend § 578.87(b)(5) by removing
‘‘24 CFR parts 84 and 85’’ and adding
in its place ‘‘2 CFR 200.311’’.

■

§ 578.95

[Amended]

96. Amend § 578.95(a) by:
a. Removing ‘‘codes of conduct’’ and
adding in its place ‘‘standards of
conduct’’; and
■ b. Removing ‘‘24 CFR 85.36 (for
governments) and 24 CFR 84.42 (for
private nonprofit organizations)’’ and
adding in its place ‘‘2 CFR 200.317 and
200.318’’.
■ 97. Revise § 578.99(e) and (g) to read
as follows:
§ 578.99 Applicability of other federal
requirements.

jstallworth on DSK7TPTVN1PROD with RULES

*

*
*
*
*
(e) Applicability of uniform
administrative requirements, cost
principles, and audit requirements for
Federal awards. The requirements of 2
CFR part 200 apply to recipients and
subrecipients, except where
inconsistent with the provisions of the
McKinney-Vento Act or this part.
*
*
*
*
*
(g) Audit. Recipients and
subrecipients must comply with the
audit requirements of 2 CFR part 200,
subpart F.
*
*
*
*
*
■

[Amended]

98. Amend § 578.103 as follows:

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§ 578.109

[Amended]

99. Amend § 578.109(a) by removing
‘‘24 CFR parts 84 and 85’’ and adding
in its place ‘‘2 CFR part 200, subpart D’’.

■

PART 582—SHELTER PLUS CARE
100. The authority citation for part
582 continues to read as follows:

■

101. Amend § 582.340 as follows:
a. Revise the heading for paragraph (a)
and remove footnote 1;
■ b. Revise paragraph (a)(1);
■ c. In paragraph (a)(2):
■ i. Remove ‘‘24 CFR part 44’’ and add
in its place ‘‘2 CFR part 200, subpart F’’;
and
■ ii. Remove ‘‘24 CFR part 45’’ and add
in its place ‘‘2 CFR part 200, subpart F’’;
and
■ d. In paragraph (b)(1), add ‘‘(as revised
April 1, 2013)’’ after ‘‘24 CFR part 85’’.
The revisions read as follows:
■
■

§ 582.340

Other Federal requirements.

*

■
■

§ 578.103

a. In paragraph (a)(16)(iii), remove ‘‘24
CFR 85.36 and 24 CFR part 84’’ and add
in its place ‘‘2 CFR part 200, subpart D’’;
and
■ b. In paragraph (e), remove ‘‘24 CFR
parts 84 and 85’’ and add in its place ‘‘2
CFR part 200, subpart D’’.

Jkt 238001

*
*
*
*
(a) Uniform requirements. (1) The
policies, guidelines, and requirements
of 24 CFR part 85 (as revised April 1,
2013) apply to the acceptance and use
of assistance under the program by
governmental entities and 24 CFR part
84 (as revised April 1, 2013) apply to
the acceptance and use of assistance by
private nonprofit organizations, except
where inconsistent with provisions of
the McKinney Act, other Federal
statutes, or this part.
*
*
*
*
*
PART 583—SUPPORTIVE HOUSING
PROGRAM
102. The authority citation for part
583 continues to read as follows:

■

Authority: 42 U.S.C. 11389 and 3535(d).
§ 583.150

[Amended]

103. Amend § 583.150(b)(5) by adding
‘‘(as revised April 1, 2013)’’ after ‘‘24
CFR parts 84 and 85’’.
■ 104. Amend § 583.330 as follows:
■ a. Revise paragraph (c);
■ b. In paragraph (e)(1), add ‘‘(as revised
April 1, 2013)’’ after ‘‘24 CFR part 85’’;
and
■ c. In paragraph (f), remove ‘‘24 CFR
part 44 or part 45, as applicable’’ and
■

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add in its place ‘‘2 CFR part 200,
subpart F’’.
The revision reads as follows:
§ 583.330 Applicability of other Federal
requirements.

*

*
*
*
*
(c) Uniform requirements. The
policies, guidelines, and requirements
of 24 CFR part 85 (as revised April 1,
2013) apply to the award, acceptance,
and use of assistance under the program
by governmental entities, and 24 CFR
part 84 (as revised April 1, 2013) apply
to the acceptance and use of assistance
by private nonprofit organizations,
except where inconsistent with the
provisions of the McKinney Act, other
Federal statutes, or this part.
*
*
*
*
*
PART 700—CONGREGATE HOUSING
SERVICES PROGRAM
105. The authority citation for part
700 continues to read as follows:

■

Authority: 42 U.S.C. 3535(d) and 8011.
§ 700.115

[Amended]

106. Amend § 700.115 as follows:
a. In paragraph (a)(2), remove ‘‘OMB
Cost Policies, i.e., OMB Circular A–87,
24 CFR 85.36, and OMB Circular A–
128’’ and add in its place ‘‘2 CFR part
200, subpart E’’; and
■ b. In paragraph (b)(2)(viii), remove
‘‘OMB Circular A–87 or 122’’ and add
in its place ‘‘2 CFR part 200, subpart E’’.
■ 107. Amend § 700.175 as follows:
■ a. Revise paragraph (a); and
■ b. In paragraph (b), remove ‘‘OMB
Circular A–87 and 24 CFR part 85’’ and
add in its place ‘‘2 CFR 200.112 (for all
recipients and subrecipients); 200.317
(for recipients and subrecipients that are
States); and 200.318(c) and 200.319(a)(5)
(for recipients and subrecipients that are
not States)’’.
The revision reads as follows:
■
■

§ 700.175

Other Federal requirements.

*

*
*
*
*
(a) Uniform administrative
requirements, cost principles, and audit
requirements for Federal awards. The
policies, guidelines, and requirements
in 2 CFR part 200, including the audit
requirements described in subpart F,
apply to the acceptance and use of
assistance under this program.
*
*
*
*
*
PART 761—DRUG ELIMINATION
PROGRAMS
108. The authority citation for part
761 continues to read as follows:

■

Authority: 42 U.S.C. 3535(d) and 11901 et
seq.

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§ 761.30

[Amended]

109. Amend § 761.30(a) by removing
‘‘24 CFR part 85 (as applicable)’’ and
adding in its place ‘‘2 CFR part 200’’.

■

§ 761.35

116. The authority citation for part
882 continues to read as follows:

§ 886.131

Authority: 42 U.S.C. 1437f and 3535(d).

110. Amend § 761.35 as follows:
■ a. In paragraph (a)(1), remove ‘‘24 CFR
part 85.40(b)(1)(2) and 85.50(b)’’ and
add in its place ‘‘2 CFR 200.328’’; and
■ b. In paragraph (c)(1), remove ‘‘24 CFR
part 85.41 (b) and (c)’’ and add in its
place ‘‘2 CFR 200.327’’.
§ 761.40

■

[Amended]

■

[Amended]

111. Amend § 761.40(d) introductory
text by removing ‘‘24 CFR part 85’’ and
adding in its place ‘‘2 CFR 200.112 (for
all recipients and subrecipients),
200.317 (for recipients and
subrecipients that are States), and
200.318(c) and 200.319(a)(5) (for
recipients and subrecipients that are not
States)’’.

§ 882.124

[Amended]

117. Amend § 882.124 by removing
‘‘24 CFR part 44’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

§ 882.516

[Amended]

118. In § 882.516, amend paragraph
(e) by removing ‘‘guidelines prescribed
by 24 CFR part 44’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

■

PART 880—SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM
FOR NEW CONSTRUCTION
112. The authority citation for part
880 continues to read as follows:

■

Authority: 42 U.S.C. 1437a, 1437c, 1437f,
3535(d), 12701, and 13611–13619.

113. Revise § 880.211 to read as
follows:

■

§ 880.211

Audit.

Where a non-Federal entity (as
defined in 2 CFR 200.69) is the eligible
owner of a project or a contract
administrator under § 880.505 receiving
financial assistance under this part, the
audit requirements in 2 CFR part 200,
subpart F, shall apply.
PART 881—SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM
FOR SUBSTANTIAL REHABILITATION
114. The authority citation for part
881 continues to read as follows:

■

Authority: 42 U.S.C. 1437a, 1437c, 1437f,
3535(d), 12701, and 13611–13619.

115. Revise § 881.211 to read as
follows:

■

jstallworth on DSK7TPTVN1PROD with RULES

§ 881.211

Audit.

(a) Where a non-Federal entity (as
defined in 2 CFR 200.69) is the eligible
owner of a project or a contract
administrator under § 881.505 receiving
financial assistance under this part, the
audit requirements in 2 CFR part 200,
subpart F, shall apply.

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124. Revise § 886.131 to read as
follows:

PART 882—SECTION 8 MODERATE
REHABILITATION PROGRAMS
■

PART 883—SECTION 8 HOUSING
ASSISTANCE PAYMENTS
PROGRAM—STATE HOUSING
AGENCIES

75941

Audit.

Where a non-Federal entity (as
defined in 2 CFR 200.69) is the eligible
owner of a project, or is a contract
administrator under § 886.120, receiving
financial assistance under this part, the
audit requirements in 2 CFR part 200,
subpart F, shall apply.
■ 125. Revise § 886.336 to read as
follows:
§ 886.336

Audit.

Where a non-Federal entity (as
defined in 2 CFR 200.69) is the eligible
owner of a project receiving financial
assistance under this part, the audit
requirements in 2 CFR part 200, subpart
F, shall apply.

■

PART 891—SUPPORTIVE HOUSING
FOR THE ELDERLY AND PERSONS
WITH DISABILITIES

Authority: 42 U.S.C. 1437a, 1437c, 1437f,
3535(d), and 13611–13619.

■

120. Revise § 883.313 to read as
follows:

Authority: 12 U.S.C. 1701q; 42 U.S.C.
1437f, 3535(d), and 8013.

§ 883.313

§ 891.160

119. The authority citation for part
883 continues to read as follows:

■

Audit.

Where housing assistance under the
Section 8 Program is provided for
projects developed or owned by nonFederal entities (as defined in 2 CFR
200.69), the audit requirements in 2 CFR
part 200, subpart F, shall apply.
PART 884—SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM,
NEW CONSTRUCTION SET-ASIDE FOR
SECTION 515 RURAL RENTAL
HOUSING PROJECTS

126. The authority citation for part
891 continues to read as follows:

[Amended]

127. Amend § 891.160 by removing
‘‘24 CFR 5.107’’ and adding in its place
‘‘2 CFR part 200, subpart F’’.

■

§ 891.515

[Amended]

128. Amend § 891.515 by removing
‘‘24 CFR part 45’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

PART 902—PUBLIC HOUSING
ASSESSMENT SYSTEM
129. The authority citation for part
902 continues to read as follows:

■

121. The authority citation for part
884 continues to read as follows:

■

Authority: 42 U.S.C. 1437a, 1437c, 1437f,
3535(d), and 13611–13619.

122. Revise § 884.124 to read as
follows:

■

§ 884.124

Audit.

Where a non-Federal entity (as
defined in 2 CFR 200.69) is the eligible
owner of a project, or is a contract
administrator under § 884.119 or
§ 884.120, receiving financial assistance
under this part, the audit requirements
in 2 CFR part 200, subpart F, shall
apply.
PART 886—SECTION 8 HOUSING
ASSISTANCE PAYMENTS
PROGRAM—SPECIAL ALLOCATIONS

Authority: 42 U.S.C. 1437d(j), 42 U.S.C.
3535(d).
§ 902.33

§ 902.60

Authority: 42 U.S.C. 1437a, 1437c, 1437f,
3535(d), and 13611–13619.

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[Amended]

131. Amend § 902.60(c)(1) by
removing ‘‘OMB Circular A–133’’ and
adding in its place ‘‘2 CFR part 200,
subpart F,’’.

■

§ 902.62

123. The authority citation for part
886 continues to read as follows:

■

[Amended]

130. Amend § 902.33 as follows:
a. In paragraph (c), remove ‘‘OMB
Circular A–133 (see 24 CFR 85.26)’’ and
add in its place ‘‘2 CFR part 200,
subpart F’’; and
■ b. In paragraph (d), remove ‘‘OMB
Circular A–133’’ and add in its place ‘‘2
CFR part 200, subpart F,’’.
■
■

[Amended]

132. Amend § 902.62(a)(3) by
removing ‘‘OMB Circular A–133 (see 24
CFR 85.26)’’ and adding in its place ‘‘2
CFR part 200, subpart F’’.

■

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§ 902.64

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
[Amended]

§ 905.322

133. Amend § 902.64(c)(2)(iii) by
removing ‘‘OMB Circular A–133’’ and
adding in its place ‘‘2 CFR part 200,
subpart F’’.

■

§ 902.71

§ 905.604

[Amended]

PART 905—THE PUBLIC HOUSING
CAPITAL FUND PROGRAM

Authority: 42 U.S.C. 1437g, 42 U.S.C.
1437z–2, 42 U.S.C. 1437z–7, and 3535(d).

144. Amend § 905.604 to read as
follows:
■ a. In paragraph (h), remove ‘‘24 CFR
part 85’’ and add in its place ‘‘2 CFR
part 200’’.
■ b. In paragraph (h)(2), remove ‘‘24
CFR part 85’’ everywhere it appears and
add in its place ‘‘2 CFR part 200’’.

145. The authority citation for part
943 continues to read as follows:

■

[Amended]

136. Amend § 905.100(e) by removing
‘‘24 CFR part 85’’ and adding in its
place ‘‘2 CFR part 200’’.

Authority: 42 U.S.C. 1437k and 3535(d).

■

§ 905.108

[Amended]

PART 943—PUBLIC HOUSING
AGENCY CONSORTIA AND JOINT
VENTURES

135. The authority citation for part
905 continues to read as follows:

■

[Amended]

137. In § 905.108, amend the
definition of ‘‘Reasonable cost’’ by
removing ‘‘24 CFR part 85, and 2 CFR
part 225 (codifying OMB Circular A–
87)’’ and adding in its place ‘‘2 CFR part
200’’.

■

§ 943.148

[Amended]

146. Amend § 943.148(b)(2) by
removing ‘‘part 84 of this title (if the
entity is a nonprofit) or part 85 of this
title (if the entity is a State or local
government)’’ and adding in its place ‘‘2
CFR part 200 (if the entity is a nonprofit
or a State or local government)’’.

■

§ 943.150

[Amended]

147. Amend § 943.150 to read as
follows:
■ a. In paragraph (a), remove ‘‘part 84 or
part 85 of this title’’ and add in its place
‘‘2 CFR part 200’’; and
■ b. In paragraph (b), remove ‘‘part 85 of
this title’’ everywhere it appears and
add in its place ‘‘2 CFR part 200’’.
■

§ 905.202

[Amended]

138. Amend § 905.202(d) by removing
‘‘2 CFR part 225 (codifying OMB
Circular A–87)’’ and adding in its place
‘‘2 CFR part 200, subpart E’’.

■

§ 905.308

[Amended]

139. Amend § 905.308(a) by removing
‘‘24 CFR part 85 (Administrative
Requirements for Grants and
Cooperative Agreements to State, Local
and Federally Recognized Indian Tribal
Governments)’’ and adding in its place
‘‘2 CFR part 200’’.

■

§ 905.310

[Amended]

PART 963—PUBLIC HOUSING—
CONTRACTING WITH RESIDENTOWNED BUSINESSES
149. The authority citation for part
963 continues to read as follows:

■

§ 905.316

§ 963.1

[Amended]

141. Amend § 905.316 as follows:
a. In paragraph (a), remove ‘‘24 CFR
85.36’’ and add in its place ‘‘2 CFR part
200’’; and
■ b. In paragraph (d), remove ‘‘24 CFR
85.36(h)’’ and add in its place ‘‘24 CFR
85.36 (as revised April 1, 2013)’’.
■
■

§ 905.320

[Amended]

142. Amend § 905.320(a) by removing
‘‘24 CFR 85.36’’ and adding in its place
‘‘2 CFR part 200, subpart D’’.

■

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Jkt 238001

[Amended]

148. Amend § 943.151(a) by removing
‘‘part 85 of this title’’ and adding in its
place ‘‘2 CFR part 200’’.

■

140. Amend § 905.310(a) by removing
‘‘24 CFR 85.21’’ and adding in its place
‘‘2 CFR 200.305’’.

■

jstallworth on DSK7TPTVN1PROD with RULES

§ 943.151

Authority: 42 U.S.C. 1437 and 3535(d).

[Amended]

151. Amend § 963.10(c) by removing
‘‘24 CFR 85.36(b)(8)’’ and adding in its
place ‘‘24 CFR 85.36(b)(8) (as revised
April 1, 2013)’’.

■

§ 963.12
■
■

[Amended]

152. Amend § 963.12 as follows:
a. In paragraph (a):

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PART 964—TENANT PARTICIPATION
AND TENANT OPPORTUNITIES IN
PUBLIC HOUSING
153. The authority citation for part
964 continues to read as follows:

■

Authority: 42 U.S.C. 1437d, 1437g, 1437r,
3535(d).
§ 964.230

[Amended]

154. Amend § 964.230 as follows:
a. In paragraph (a)(1), remove ‘‘OMB
Circulars A–110 and A–122’’ and add in
its place ‘‘2 CFR part 200’’;
■ b. In paragraph (b), remove ‘‘OMB
Circulars A–110 and A–122’’ and add in
its place ‘‘2 CFR part 200’’.
■
■

§ 964.350

[Amended]

155. Amend § 964.350(b) by removing
‘‘OMB Circular Nos. A–110 and A–122’’
and adding in its place ‘‘2 CFR part
200’’.

■

PART 965—PHA-OWNED OR LEASED
PROJECTS—GENERAL PROVISIONS
156. The authority citation for part
965 continues to read as follows:

■

[Amended]

150. Amend § 963.1 by removing ‘‘24
CFR 85.36’’ and adding in its place ‘‘24
CFR 85.36 (as revised April 1, 2013)’’.

■

§ 963.10

i. Remove ‘‘24 CFR 85.36(d)’’ and add
in its place ‘‘24 CFR 85.36(d) (as revised
April 1, 2013)’’; and
■ ii. Remove ‘‘24 CFR 85.36(b)’’ and add
in its place ‘‘24 CFR 85.36(b) (as revised
April 1, 2013)’’;
■ b. In paragraph (b), remove ‘‘24 CFR
85.36(f)’’ and add in its place ‘‘24 CFR
85.36(f) (as revised April 1, 2013)’’; and
■ c. In paragraph (c):
■ i. Remove ‘‘the contract provisions of
24 CFR 85.36(i); the provisions of 24
CFR 85.36(h), 24 CFR 968.240(d) or 24
CFR 968.335(c)(1)’’ and add in its place
‘‘the contract provisions of 24 CFR
85.36(i) (as revised April 1, 2013); the
provisions of 24 CFR 85.36(h) (as
revised April 1, 2013) or 24 CFR
905.316(d)’’; and
■ ii. Remove ‘‘recordkeeping
requirements imposed by 24 CFR
85.36(i)’’ and add in its place
‘‘recordkeeping requirements imposed
by 24 CFR 85.36(i) (as revised April 1,
2013)’’.
■

■

134. Amend § 902.71(b) by removing
‘‘(see 24 CFR 85.36)’’ and adding in its
place ‘‘(see 2 CFR 200.319, as
applicable)’’.

■

§ 905.100

[Amended]

143. Amend § 905.322(c) by removing
‘‘24 CFR 85.26’’ and adding in its place
‘‘2 CFR part 200, subpart F’’.

■

Sfmt 4700

Authority: 42 U.S.C. 1437, 1437a, 1437d,
1437g, and 3535(d). Subpart H is also issued
under 42 U.S.C. 4821–4846.
§ 965.205

[Amended]

157. Amend § 965.205 as follows:
a. In paragraph (b), remove ‘‘24 CFR
part 85’’ and add in its place ‘‘2 CFR
200.319’’; and
■ b. In paragraph (d)(1), remove ‘‘24
CFR part 44’’ and add in its place ‘‘2
CFR part 200, subpart F’’.
■
■

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
§ 965.215

[Amended]

§ 990.310

158. Amend § 965.215(d) by removing
‘‘part 85 of this title’’ and adding in its
place ‘‘2 CFR part 200’’.

§ 965.308

§ 990.320

■

[Amended]

159. Amend § 965.308 as follows:
■ a. In paragraph (a)(1), remove ‘‘24 CFR
85.36(d)(3)’’ and ‘‘§ 85.36(d)(3)(i) of this
title’’ and add in their place ‘‘2 CFR
200.320(d)’’; and
■ b. In paragraph (a)(2), remove ‘‘24 CFR
85.36(d)(4)(i)(A)’’ and add in its place
‘‘2 CFR 200.320(f)’’.
■

160. The authority citation for part
970 continues to read as follows:
Authority: 42 U.S.C. 1437p and 3535(d).
[Amended]

161. Amend § 970.1 by removing ‘‘24
CFR part 85’’ and adding in its place ‘‘2
CFR part 200’’.

■

PART 982—SECTION 8 TENANTBASED ASSISTANCE: HOUSING
CHOICE VOUCHER PROGRAM
162. The authority citation for part
982 continues to read as follows:
Authority: 42 U.S.C. 1437f and 3535(d).
[Amended]

163. Amend § 982.159(b) by removing
‘‘24 CFR part 44’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

PART 990—THE PUBLIC HOUSING
OPERATING FUND PROGRAM
164. The authority citation for part
990 continues to read as follows:

■

Authority: 42 U.S.C. 1437g; 42 U.S.C.
3535(d).
[Amended]

165. Amend § 990.190(d) by removing
‘‘24 CFR part 85’’ and adding in its
place ‘‘2 CFR part 200, subpart F’’.

■

§ 990.195

[Amended]

166. Amend § 990.195(e) by removing
‘‘24 CFR 85.25’’ everywhere it appears
and adding in its place ‘‘24 CFR 85.25
(as revised April 1, 2013)’’.

jstallworth on DSK7TPTVN1PROD with RULES

■

§ 990.280

[Amended]

167. Amend § 990.280(b)(2) by
removing ‘‘e.g., OMB Circulars’’ and
adding in its place ‘‘e.g., 2 CFR part
200’’.

■

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15:15 Dec 04, 2015

Jkt 238001

PART 1000—NATIVE AMERICAN
HOUSING ACTIVITIES
170. The authority citation for part
1000 continues to read as follows:

■

171. Amend § 1000.26 as follows:
a. Revise paragraph (a);
b. In paragraph (b)(1) introductory
text:
■ i. Remove ‘‘Attachment B of OMB
Circular A–87’’ and add in its place ‘‘2
CFR part 200, subpart E,’’; and
■ ii. Remove ‘‘Attachment A of this
circular’’ and add in its place ‘‘2 CFR
part 200, subpart E,’’;
■ c. Revise paragraphs (b)(1)(i) and (ii);
and
■ d. Add paragraph (b)(1)(iii).
The revisions and addition read as
follows:
§ 1000.26 What are the administrative
requirements under NAHASDA?

■

§ 990.190

169. Amend § 990.320 by removing
‘‘24 CFR 85.26’’ and adding in its place
‘‘2 CFR part 200, subpart F’’.

■

■
■
■

■

§ 982.159

[Amended]

Authority: 25 U.S.C. 4101 et seq.; 42
U.S.C. 3535(d).

PART 970—PUBLIC HOUSING
PROGRAM—DEMOLITION OR
DISPOSITION OF PUBLIC HOUSING
PROJECTS

§ 970.1

[Amended]

168. Amend § 990.310 by removing
‘‘24 CFR 85.20, 85.40, and 85.41’’ and
adding in its place ‘‘2 CFR part 200’’.

■

(a) Except as addressed in § 1000.28,
recipients shall comply with the
requirements and standards of 2 CFR
part 200, ‘‘Uniform Administrative
Requirements, Cost Principles, And
Audit Requirements for Federal
Awards’’, except for the following
sections:
(1) Section 200.113 applies, except
that, in lieu of the remedies described
in § 200.338, HUD shall be authorized to
seek remedies under subpart F of this
part.
(2) Section 200.302(a), ‘‘Financial
management.’’
(3) Section 200.305, ‘‘Payment,’’
applies, except that HUD shall not
require a recipient to expend retained
program income before drawing down
or expending IHBG funds.
(4) Section 200.306, ‘‘Cost sharing or
matching.’’
(5) Section 200.307, ‘‘Program
income.’’
(6) Section 200.308, ‘‘Revision of
budget and program plans.’’
(7) Section 200.311, ‘‘Real property,’’
except as provided in 24 CFR 5.109.
(8) Section 200.313, ‘‘Equipment,’’
applies, except that in all cases in which
the equipment is sold, the proceeds
shall be program income.
(9) Section 200.314, ‘‘Supplies,’’
applies, except in all cases in which the

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75943

supplies are sold, the proceeds shall be
program income.
(10) Section 200.317, ‘‘Procurement
by states.’’
(11) Sections 200.318 through 200.326
apply, as modified in this paragraph
(a)(11):
(i) De minimis procurement. A
recipient shall not be required to
comply with 2 CFR 200.318 through
200.326 with respect to any
procurement, using a grant provided
under NAHASDA, of goods and services
with a value of less than $5,000.
(ii) Utilizing Federal supply sources in
procurement. In accordance with
Section 101(j) of NAHASDA, recipients
may use Federal supply sources made
available by the General Services
Administration pursuant to 40 U.S.C.
501.
(12) Section 200.325, ‘‘Bonding
requirements,’’ applies. There may be
circumstances under which the bonding
requirements of 2 CFR 200.325 are
inconsistent with other responsibilities
and obligations of the recipient. In such
circumstances, acceptable methods to
provide performance and payment
assurance may include:
(i) Deposit with the recipient of a cash
escrow of not less than 20 percent of the
total contract price, subject to reduction
during the warranty period,
commensurate with potential risk;
(ii) Letter of credit for 25 percent of
the total contract price, unconditionally
payable upon demand of the recipient,
subject to reduction during any
warranty period commensurate with
potential risk; or
(iii) Letter of credit for 10 percent of
the total contract price, unconditionally
payable upon demand of the recipient,
subject to reduction during any
warranty period commensurate with
potential risk, and compliance with the
procedures for monitoring of
disbursements by the contractor.
(13) Section 200.328(b) through (d)
and (f), ‘‘Monitoring and reporting
program performance.’’
(14) Section 200.333, ‘‘Retention
requirements for records.’’
(15) Section 200.338, ‘‘Remedies for
noncompliance.’’
(16) Section 200.343, ‘‘Closeout.’’
(b) * * *
(1) * * *
(i) Depreciation method for fixed
assets shall not be changed without the
approval of the Federal cognizant
agency.
(ii) Penalties, damages, fines and
other settlements are unallowable costs
to the IHBG program.
(iii) Costs of housing (e.g.,
depreciation, maintenance, utilities,
furnishings, rent), housing allowances

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75944

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations

and personal living expenses (goods or
services for personal use), regardless of
whether reported as taxable income to
the employees (2 CFR 200.445) requires
HUD prior approval.
*
*
*
*
*
§ 1000.30

[Amended]

172. Amend § 1000.30(a) by removing
‘‘24 CFR 85.36’’ in the two places where
it appears and adding in its place ‘‘2
CFR 200.318’’.

■

§ 1000.52

173. Amend § 1000.52 as follows:
a. In paragraph (c)(2)(iii), remove ‘‘24
CFR 85.36’’ and add in its place ‘‘2 CFR
200.318 through 200.326’’; and
■ b. In paragraph (c)(3):
■ i. Remove ‘‘24 CFR 85.36’’ in the two
places where it appears and add in its
place ‘‘2 CFR 200.320’’; and
■ ii. Remove ‘‘of paragraph (c)(1) of this
section’’.
■
■

[Amended]

174. Amend § 1000.503 as follows:
a. In paragraph (a)(4), remove ‘‘Office
of Management and Budget (OMB)
Circular A–133 audits’’ and add in its
place ‘‘audits under 2 CFR part 200,
subpart F’’;
■ b. In paragraph (a)(5), remove ‘‘OMB
Circular A–133’’ and add in its place ‘‘2
CFR part 200, subpart F,’’; and
■ c. In paragraph (a)(6), remove ‘‘OMB
Circular A–133’’ and add in its place ‘‘2
CFR part 200, subpart F,’’.
■
■

§ 1000.544

[Amended]

175. Amend § 1000.544 by:
a. Removing ‘‘including OMB Circular
A–133’’ and adding in its place
‘‘implemented by 2 CFR part 200,
subpart F’’; and
■ b. Removing ‘‘in OMB Circular A–133,
subpart B, section 200’’ and adding in
its place ‘‘in 2 CFR 200.501’’.
■ 176. Revise § 1000.548 to read as
follows:
■
■

§ 1000.548 Must a copy of the recipient’s
audit pursuant to the Single Audit Act
relating to NAHASDA activities be
submitted to HUD?

jstallworth on DSK7TPTVN1PROD with RULES

No. A copy of the recipient audit
under the Single Audit Act relating to
NAHASDA activities is only required to
be submitted to the Federal Audit
Clearinghouse pursuant to 2 CFR part
200, subpart F.
PART 1003—COMMUNITY
DEVELOPMENT BLOCK GRANTS FOR
INDIAN TRIBES AND ALASKA NATIVE
VILLAGES
177. The authority citation for part
1003 continues to read as follows:

■

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§ 1003.4

[Amended]

178. In § 1003.4, amend the definition
of ‘‘Subrecipient’’ by:
■ a. Removing ‘‘§ 1003.201(o)’’ and
adding in its place ‘‘§ 1003.201(l)’’; and
■ b. Removing ‘‘24 CFR 85.36 or in 24
CFR part 84, as applicable’’ and adding
in its place ‘‘2 CFR 200.318 through
200.326’’.
■

§ 1003.206

[Amended]

§ 1000.503

Authority: 42 U.S.C. 3535(d) and 5301 et
seq.

Jkt 238001

[Amended]

179. Amend § 1003.206 as follows:
a. In paragraph (a)(4):
i. Remove ‘‘or use allowances for such
items in accordance with OMB Circulars
A–21, A–87 or A–122, as applicable’’
and add in its place ‘‘for such items in
accordance with 2 CFR part 200, subpart
E’’; and
■ ii. Remove ‘‘(OMB Circulars are
available from the Executive Office of
the President, Publication Service, 725
17th Street NW., Suite G–2200,
Washington, DC 20503, Telephone,
202–395–7332.)’’; and
■ b. In paragraph (c), remove ‘‘OMB
Circular A–21, A–87, or A–122, as
applicable’’ and add in its place ‘‘2 CFR
part 200, subpart E’’.
■
■
■

§ 1003.207

[Amended]

180. Amend § 1003.207 as follows:
a. In paragraph (a)(2), remove ‘‘OMB
Circular A–87’’ and add in its place ‘‘2
CFR part 200, subpart E’’; and
■ b. In paragraph (b)(1)(i), remove
‘‘leasing, depreciation or use allowances
pursuant to OMB Circular A–21, A–87
or A–122 as applicable’’ and add in its
place ‘‘leasing or depreciation pursuant
to 2 CFR part 200, subpart E,’’.
■ 181. Amend § 1003.501 as follows:
■ a. Revise paragraph (a);
■ b. Remove paragraph (b) and
redesignate paragraph (c) as paragraph
(b);
■ c. Revise the heading of newly
redesignated paragraph (b);
■ d. In newly redesignated paragraph
(b)(1):
■ i. Remove ‘‘Attachment B of OMB
Circulars A–21, A–87, or A–123, as
applicable,’’ and add in its place ‘‘2 CFR
part 200, subpart E’’; and
■ ii. Remove ‘‘Attachment A of such
circulars’’ and add in its place ‘‘2 CFR
part 200, subpart E,’’.
■ e. In newly redesignated paragraph
(b)(1)(i), remove ‘‘specific approval of
HUD or, if charged through a cost
allocation plan,’’ and add in its place
‘‘the approval of’’;
■ f. In newly redesignated paragraph
(b)(1)(ii), remove ‘‘and penalties’’ and
add in its place ‘‘, penalties, damages,
and other settlements’’; and
■
■

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g. Add paragraphs (b)(1)(iii) and (iv).
The revision and additions read as
follows:

■

§ 1003.501 Applicability of uniform
administrative requirements and cost
principles.

(a) Grantees and subrecipients shall
comply with the requirements and
standards of 2 CFR part 200, except for
the following sections:
(1) Paragraph (a) of § 200.302,
‘‘Financial management.’’
(2) Section 200.306, ‘‘Cost sharing or
matching.’’
(3) Section 200.307, ‘‘Program
income’’ applies as modified by
§ 1003.503.
(4) Section 200.308, ‘‘Revisions of
budget and program plans.’’
(5) Section 200.311, ‘‘Real property,’’
except as provided in § 1003.600.
(6) Section 200.313, ‘‘Equipment’’
applies, except that in all cases in which
the equipment is sold, the proceeds
shall be program income.
(7) Section 200.314, ‘‘Supplies,’’
applies, except in all cases in which the
supplies are sold, the proceeds shall be
program income.
(8) Section 200.325, ‘‘Bonding
requirements’’ applies. However, there
may be circumstances under which the
bonding requirements of 2 CFR 200.325
are inconsistent with other
responsibilities and obligations of the
grantee. In such circumstances,
acceptable methods to provide
performance and payment assurance
may include:
(i) Deposit with the grantee of a cash
escrow of not less than 20 percent of the
total contract price, subject to reduction
during the warranty period,
commensurate with potential risk; or
(ii) Letter of credit for 25 percent of
the total contract price, unconditionally
payable upon demand of the grantee,
subject to reduction during the warranty
period commensurate with potential
risk.
(9) Paragraphs (b) through (d) and (f)
of § 200.328, ‘‘Monitoring and reporting
program performance.’’
(10) Section 200.333, ‘‘Retention
requirements for records’’ applies.
However, the retention period
referenced in 2 CFR 200.333 pertaining
to individual ICDBG activities starts
from the date of the submission of the
final status and evaluation report as
prescribed in § 1003.506(a) in which the
specific activity is reported.
(11) Section 200.343, ‘‘Closeout.’’
(b) Cost principles. (1)* * *
(iii) Costs of housing (e.g.,
depreciation, maintenance, utilities,
furnishings, rent), housing allowances
and personal living expenses (goods or

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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
services for personal use), regardless of
whether reported as taxable income to
the employees (2 CFR 200.445), require
HUD prior approval.
(iv) Organization costs (2 CFR
200.455) require HUD prior approval.
■ 182. Amend § 1003.502 as follows:
■ a. In paragraph (b)(3), remove
‘‘§ 85.25’’ and add in its place ‘‘2 CFR
200.307’’.
■ b. Revise paragraph (b)(7).
The revision reads as follows:

§ 1003.511

[Amended]

183. Amend § 1003.503 as follows:
a. In paragraph (a), remove ‘‘24 CFR
85.25’’ and add in its place ‘‘2 CFR
200.307’’;
■ b. In paragraph (b)(6), remove ‘‘24
CFR 85.25’’ and add in its place ‘‘2 CFR
200.307’’; and
■ c. In paragraph (b)(7), remove ‘‘24 CFR
85.25(g)(2)’’ and add in its place ‘‘2 CFR
200.307(e)(2)’’.

Authority: 25 U.S.C. 4221 et seq.; 42
U.S.C. 3535(d).

188. Amend § 1003.511(a)(2) by
removing ‘‘24 CFR 85.36’’ and adding in
its place ‘‘2 CFR part 200, subpart D’’.

■

§ 1003.600

[Amended]

189. Amend § 1003.600(f) by
removing ‘‘24 CFR parts 84 and 85’’ and
adding in its place ‘‘2 CFR 200.311(c).’’

■

§ 1003.606

[Amended]

190. Amend § 1003.606 as follows:
a. In paragraph (a)(1), remove ‘‘24 CFR
§ 1003.502 Agreements with subrecipients. 85.36 and 24 CFR 84.42’’ and add in its
place ‘‘2 CFR 200.112, 200.318(c), and
*
*
*
*
*
200.319(a)(5)’’; and
(b) * * *
■ b. In paragraph (a)(2), remove ‘‘24 CFR
(7) Suspension and termination. The
85.36 and 24 CFR 84.42’’ and add in its
agreement shall set forth remedies for
place ‘‘2 CFR 200.318’’.
noncompliance and provisions on
termination in accordance with 2 CFR
PART 1006—NATIVE HAWAIIAN
part 200, subpart D.
HOUSING BLOCK GRANT PROGRAM
*
*
*
*
*
■ 191. The authority citation for part
§ 1003.503 [Amended]
1006 continues to read as follows:
■
■

§ 1003.507

[Amended]

184. Amend § 1003.507 by removing
‘‘24 CFR 85.42(f)’’ and adding in its
place ‘‘2 CFR 200.337’’.

■

§ 1003.508

185. Amend § 1003.508 as follows:
a. In paragraph (b)(4), remove ‘‘24 CFR
part 44’’ and add in its place ‘‘2 CFR
part 200, subpart F’’;
■ b. In paragraph (d), remove ‘‘24 CFR
85.44’’ and add in its place ‘‘2 CFR
200.339’’; and
■ c. In paragraph (e), remove ‘‘24 CFR
85.43(c)’’ and add in its place ‘‘2 CFR
200.342’’.
[Amended]

186. Amend § 1003.509(e) by
removing ‘‘24 CFR 85.36’’ and adding in
its place ‘‘2 CFR part 200, subpart D,’’.

■

[Amended]

187. Amend § 1003.510 as follows:
■ a. In paragraph (d)(2)(iii), remove ‘‘24
CFR 85.36’’ and add in its place ‘‘2 CFR
200.320’’;
■ b. In paragraph (d)(3), remove ‘‘24
CFR 85.36’’ in the two places where it
appears and add in their place ‘‘2 CFR
200.320’’.

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[Amended]

192. Amend § 1006.230(d) by
removing ‘‘OMB Circulars A–87 or A–
122 as applicable’’ and adding in its
place ‘‘2 CFR part 200, subpart E’’.

■

§ 1006.340

with the general policies and principles
stated in 2 CFR part 200, subpart E, and
are otherwise eligible under this part,
except for the following:
(i) Depreciation methods for fixed
assets shall not be changed without the
approval of the Federal cognizant
agency.
(ii) Fines, penalties, damages, and
other settlements are unallowable costs
to the NHHBG program.
(iii) Costs of housing (e.g.,
depreciation, maintenance, utilities,
furnishings, rent), housing allowances
and personal living expenses (goods or
services for personal use) regardless of
whether reported as taxable income to
the employees (2 CFR 200.445).
(iv) Organization costs (2 CFR
200.455).
(2) In addition, no person providing
consultant services in an employeremployee type of relationship shall
receive funds. In no event, however,
shall such compensation exceed the
equivalent of the daily rate paid for
Level IV of the Executive Schedule. The
Executive Pay Schedule may be
obtained by https://www.opm.gov/
policy-data-oversight/pay-leave/
salaries-wages.

[Amended]

193. Amend § 1006.340(b)(3) by
removing ‘‘24 CFR part 85’’ and adding
in its place ‘‘2 CFR 200.305’’.

■

§ 1006.375

[Amended]

194. Amend § 1006.360 by removing
‘‘24 CFR 85.36 or 24 CFR 84.42’’ and
adding in its place ‘‘2 CFR 200.317 (for
DHHL) and 2 CFR 200.318 (for
subrecipients)’’.

197. Amend § 1006.375(d) by:
■ a. Removing ‘‘OMB Circular A–133’’
and adding in its place ‘‘2 CFR part 200,
subpart F’’; and
■ b. Removing ‘‘HUD concurrent with
submittal to the Audit Clearinghouse’’
and adding in its place ‘‘the Federal
Audit Clearinghouse’’.

§ 1006.365

§ 1006.420

[Amended]

■

[Amended]

■

§ 1003.510

§ 1006.230

§ 1006.360

■

§ 1003.509

■
■

75945

[Amended]

195. Amend § 1006.365(b) by
removing ‘‘24 CFR 85.36’’ and adding in
its place ‘‘2 CFR part 200, subpart D,’’.
■ 196. Revise § 1006.370 to read as
follows:
■

§ 1006.370 Uniform administrative,
requirements, cost principles, and audit
requirements for Federal awards.

(a) The DHHL and subrecipients
receiving NHHBG funds shall comply
with the requirements and standards of
2 CFR part 200, ‘‘Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards’’.
(b)(1) With respect to the applicability
of cost principles, all items of cost listed
in 2 CFR part 200, subpart E, which
require prior Federal agency approval
are allowable without the prior approval
of HUD to the extent that they comply

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[Amended]

198. Amend § 1006.420(b)(3) by
removing ‘‘the DHHL’’ and adding in its
place ‘‘the DHHL, including their
retention under 2 CFR 200.333, noting
that the NHHBG Annual Performance
Report is the program’s final
expenditure report’’.

■

Dated: October 28, 2015.
Julia´n Castro,
Secretary.
[FR Doc. 2015–29692 Filed 12–4–15; 8:45 am]
BILLING CODE 4210–67–P

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