24 C.F.R. § 1000.319

What would happen if a recipient misreports or fails to correct Formula Current Assisted Stock (FCAS) information on the Formula Response Form?

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(a) A recipient is responsible for verifying and reporting changes to their Formula Current Assisted Stock (FCAS) on the Formula Response Form to ensure that data used for the IHBG Formula are accurate (see § 1000.315). Reporting shall be completed in accordance with requirements in this Subpart D and the Formula Response Form.

(b) If a recipient receives an overpayment of funds because it failed to report such changes on the Formula Response Form in a timely manner, the recipient shall be required to repay the funds within 5 fiscal years. HUD shall subsequently distribute the funds to all Indian tribes in accordance with the next IHBG Formula allocation.

(c) A recipient will not be provided back funding for any units that the recipient failed to report on the Formula Response Form in a timely manner.

(d) HUD shall have 3 years from the date a Formula Response Form is sent out to take action against any recipient that fails to correct or make appropriate changes on that Formula Response Form. Review of FCAS will be accomplished by HUD as a component of A-133 audits, routine monitoring, FCAS target monitoring, or other reviews.

[72 FR 20025, Apr. 20, 2007]

Notes of Decisions

Cited in 4 cases, 2012–2013 · leading case: Fort Belknap Hous. Dep't v. Off. of Pub. & Indian Hous., 726 F.3d 1099 (9th Cir. 2013).

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Fort Belknap Hous. Dep't v. Off. of Pub. & Indian Hous., 726 F.3d 1099 (9th Cir. 2013). · cites it 4× “340 (b), 9 and (2) HUD’s action was not timely with respect to fiscal years 2000 through 2007, because it had not “taken action against” Fort Belknap within three years as required by 24 C.F.R. § 1000.319 (d). 10 HUD denied Fort Belknap’s appeal because (1) when the correct…”

Lummi Tribe of the Lummi Reservation v. United States, 106 Fed. Cl. 623 (Fed. Cl. 2012). · cites it 2× “” 24 C.F.R. § 1000.319 (d) (2007). Given this framework, we think it evident that HUD’s audit of plaintiffs’ FCAS counts, conducted at the direction of the OIG, falls squarely within the agency’s authority under Section 405.”

Lummi Tribe of the Lummi Reservation v. United States, 112 Fed. Cl. 353 (Fed. Cl. 2013). “, 24 C.F.R. § 1000.319 (d) (providing that “HUD shall have 3 years from the date a Formula Response Form is sent out to take action against any recipient that fails to correct or make appropriate changes on that Formula Response Form”).”

Lummi Tribe of the Lummi Reservation, Lummi Nation Hous. Auth., Fort Berthold Hous. Auth., & Hopi Tribal Hous. Auth. v. United States (Fed. Cl. 2013). “, 24 C.F.R. § 1000.319 (d) (providing that “HUD shall have 3 years from the date a Formula Response Form is sent out to take action against any recipient that fails to correct or make appropriate changes on that Formula Response Form”).”

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