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(a) Budget and capital improvement 8541.10 Projects ability to meet open plan. All necessary project related public improvements, facilities, and

(The value of this category is the services are identified in the appropri. sum of the values of paragraphs (a) to ate local budgets and/or capital im- (e) of this section.) provement plan, except those included

(a) Environment. Effect on the envi. in projects costs

ronment (The value of this section is (b) Model Cities. The project area in the sum of paragraphs (a) (1) to (5) of whole or in part is in a Model Neigh- this section.) borhood and there exists a statement (1) The project involves substantial by the City Demonstration Agency Di- environmental improvement activities rector that the activities for which in a predominantly residential area or funding is requested are consistent includes some Historic Preservation with the goals and objectives of the


2 Model Neighborhood's plan ................ 3 (Projects involving predominantly His

(c) Local regulatory measures. The toric Preservation Activities are exproject is coordinated with other pro- cluded from this project selection grams and regulations to improve the system in g 541.1(b).) quality of the environment, as evidenced by the fact that the locality

“Environmental improvement activi

ties” are those development activities, has adopted and is enforcing regula

excluding park development, designed tory measures to reduce blight and

to improve the overall appearance of a decay and to preserve and promote

locality or neighborhood. These activiopen space and historic resources.

ties are designed to prevent communiThese regulatory measures must in

ty blight and decay, and can include clude at least four of the follow ing..... 4 street tree planting, redesigning street

(1) Requirements for underground- furniture, and improving pathways. ing of utilities;

(2) The project will help prevent un(2) Adoption and enforcement of sound development

...... 2 litter control, weed abatement, or sign

"Unsound development” refers to uncontrol regulations;

desirable and hazardous development (3) Subdivision regulations requiring

of flood plains, steep slopes, faults, or open space dedication;

any other similarly unsuited area. (4) Cluster zoning or planned unit (3) The project will alleviate a defidevelopments; "Cluster Zoning or ciency of open space

2 Planned Unit Development." are regulations enacted by the locality that en

“Deficiency of Open Space" means

that there is less than 2.5 acres of excourage the grouping and placement

isting public open space per thousand of structures in such a manner as to

population. create or reserve open space.

(4) The project will alleviate an (5) Regulations permitting relax

unmet recreation need by providing a ation of setback and height controls,

recreation facility of a type not curor development rights transfer, to pro- rently available to the service area vide open space or protect historic


......... 3 structures in core areas;

(5) The project preserves ecological(6) Ordinances to protect historic ly significant areas or conserves scenic sites, districts, buildings, structures, areas

2 and objects.

“Ecologically significant” refers to un. (7) Regulations to prevent deteriora

usual, specific, resource-oriented open tion of ambient air quality.

space areas such as wildlife sanctuar(d) Low- and moderate-income hous

ies, geysers, waterfalls, wetlands, and ing. The project is related to and co

sand dunes. ordinated with the provision of low

(b) Population served. The project and moderate-income housing ........... 4

will readily serve a substantial number of low- and moderate-income resi. dents





(c) Patterns of urban growth. The owned, controlled, or managed in subproject will help curb urban sprawl or stantial part by minority persons ...... 3 involves undeveloped or predominate- (c) The applicant has taken affirmaly undeveloped land which, if withheld tive action in its own employment in from commercial, industrial, and resi- the training and/or employment of dential development, would have spe- minority persons, with relatively supecial significance in helping to shape rior results

4 desirable patterns of urban growth 5

In deterraining whether or not per"Urban sprawl" refers to random and formance has been “relatively superiunguided development outward from

or”, the following items will be taken urban centers. It is usually character- into consideration: Absolute numbers ized by groups of large scale, low den

of persons actually trained or hired in .ity residential developments, inter- relation to numbers of minority group spersed and surrounded by commercial

persons in the labor market area; total and industrial development. Projects dollar value of contracts let to minorthat can help alleviate and curb urban

ity entrepreneurs in relation to total sprawl are projects designed to guide

dollar amount of contracts let by locallarge scale growth or act as a buffer by

ity; within the administering agency, separating incompatible land uses.

racial composition at all levels of em(d) Danger of loss. The project site is

ployment and absolute number of in imminent danger of loss


training opportunities made available "Imminent Danger of Loss" means

to minority group persons. that the project is threatened by action which will prevent the use of

8 541.14 Local need. the area or property for open space or (The value of this category is the historic preservation purposes.

sum of the values of paragraphs (a) (e) Program experience. (1) If appli- and (b) of this section.) cant had previous federally assisted (a) Median income of jurisdiction. program experience: The applicant The median annual family income of has expeditiously acquired properties; the geographic area of jurisdiction of where displacement was involved, ef- the applicant compared to the State fectively carried out relocation activi- median annual family income is: ties; expeditiously developed the prop- (Select one, if appropriate): erties; sponsors programs for their use; (1) $1-$500 below State median ...... 3 and operates them in accordance with

(2) more than $500 below State contract conditions 4

6 or

(b) Median income of service area. (2) If the applicant is without feder

The median annual family income of ally assisted program experience: The

the service area compared to the State applicant has well maintained public

annual median family income is: open spaces, sponsors programs for

(Select one if appropriate): their use, and operates those programs in a nondiscriminatory manner

(1) $1-$500 below State median 4 4

(2) more than $500 below State 8 541.12 Local equal employment and en


8 trepreneurial effort.

Median family incomes for the service (The value of this category is the

area and the State are to be obtained sum of the values of paragraphs (a), by utilizing the City County Data (b), and (c) of this section.)

Book or other census data if possible. (a) Activities undertaken by the lo

Or use best available data. "Service cality have provided relatively superi

Area” refers to the area proposed to or opportunities for training and/or be, and reasonably capable of being, employment of minority persons ....... 3

served by the Open Space Land Proj. (b) Activities undertaken by the lo

ect. cality have provided relatively superior opportunities for business concerns



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8 541.16 Commitment of local, county,

State, and Federal entities to project or

program. (The value of this category is the sum of paragraphs (a) to (d) of this section.)

(a) Local commitment. There was substantial participation by the chief executive and governing body of the locality during the planning of the project, and they are demonstrating current public commitment in support of the project ....

4 (b) Resident commitment. There was effective widespread participation of a representative spectrum of service area residents in the development of project objectives and there is evidence of current support for the execution of the project.... ......

4 (c) Coordination of resources. There was substantial participation of other local agencies during planning, and there is a current commitment includ. ing resources, from Federal, State, county, or local entities other than those necessary to satisfy the local share requirement....

4 (d) Participation in areawide or metropolitan planning. There is active participation by the locality's representatives in the areawide or metropolitan planning organization .... 3

housing for low- and moderate-income families in a nondiscriminatory way... 3

(b) Expansion of low- and moderate. income housing (locality). Within the locality in which the project is located there has been significant expansion of the supply of standard housing for low-and moderate-income families in a non-discriminatory way

.... 3 (c) Dispersion of low- and moderateincome housing. The locality has a realistic plan to expand the supply of standard lows and moderate-income housing in a nondiscriminatory way outside areas of concentration or economically disadvantaged or minority citizens






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8 541.20 Community development.

The degree to which the project is necessary for undertaking other publicly supported community development activities

..... 0 to 6 “Community development activities” refers to those publicly supported physical development activities and those related social or economic devel. opment activities being carried out or to be carried out within a reasonable period of time in accordance with a locally determined or areawide plan or strategy. Factors taken into consideration may include the project's responsiveness to local needs and objectives, the economics possible through coordinated or joint action, the degree of support by the appropriate unit(s) of local general-purpose government, and the management capacity and efforts to develop management capacity within local general-purpose government.

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PART 551-NEIGHBORHOOD FACILI- (2) If an application does not receive

TIES PROGRAM PROJECT SELEC- a high enough point rating to qualify

for funding as compared to other

pending applications, or if the applicaSec.

tion cannot meet basic eligibility or 551.1 Scope.

technical requirements, the applica551.2 Definitions.

tion and any supporting documents 551.4 Program prerequisites.

will be returned to the applicant with 551.6 Criteria for evaluating applications. advice as to the areas of deficiency. 551.8 Relationship to comprehensive plan- Remedial action regarding the defining.

ciencies must be undertaken before 551.10 Income level of area to be served.

the proposal may be reconsidered. The 551.12 Relevance of program objectives. provisions of these regulations do not 551.14 Capacity to administer the Neigh

apply to projects involving New Comborhood Facility.

munities, or such other critical or in551.16 Local equal employment and entre

novative projects as the Assistant Secpreneurial effort.

retary for Community Development 551.18 Local need. 551.20 Commitment of local, county, State,

may determine. The Department reand Federal entities to project or pro

serves the right to negotiate the modi. gram.

fication of the scope of the proposed 551.22 Expansion of housing for low- and undertaking and/or the amount of fimoderate-income families.

nancial assistance requested.
551.24 Community development.
AUTHORITY: Sec. 703, of the Housing and

8 551.2 Definitions.
Urban Development Act of 1965, 79 Stat. As used in the regulations in this
491; 42 U.S.C. 3103.

part: SOURCE: 37 FR 7393, Apr. 14, 1972, unless

(a) “Applicant” means a local public otherwise noted.

body or agency, as defined in section

706(b) of the Housing and Urban De8 551.1 Scope.

velopment Act of 1965, 79 Stat. 451, (a) Purpose. This part sets forth cri

489, 42 U.S.C. 3101, which is applying teria and procedures to be used in pre

for Federal assistance under the liminary evaluation of applications for

Neighborhood Facilities Grant Pro-
Federal grant assistance to local public gram.
bodies and agencies for Neighborhood (b) “Locality" means the political ju-
Facilities Grant Projects.

risdiction or jurisdictions having gen(b) Procedures. (1) Submissions will eral purpose government powers upon first be reviewed against four prerequi. whose behalf the application for Fedsites. If any of these prerequisites are eral assistance has been substituted. not met, the application will be reject- (c) “Low and moderate income" ed. If the application meets all prereq. means an income level which is less uisites, it will be evaluated against the than the maximum income eligibility point rated criteria and assigned a level for a family of four for the point rating. Then, depending upon county in which the project is to be lothe relative rating of the application cated under either of the subsidized among other such applications pend- housing programs authorized by secing in the area office, the applicant tion 235 or 236 of the National Housmay be asked to submit further appli- ing Act, as amended, 82 Stat. 476, 477, cation material, with supporting docu- 498, 12 U.S.C. 17157, 1715Z-1. mentation so that a final decision on (d) "Low- and moderate-income the grant may be reached. Such appli- housing” refers to housing within a cation material is subject to reviews to fair market value that is equal to or determine compliance of the applica- less than the resultant of multiplying tion with basic eligibility and technical the section 235-236 maximum income requirements.

for a family of four, as established by


the Secretary, for the county in which (a) Relationship to comprehensive the project is located, by a factor of 3. planning; “Low- and moderate-income housing” (b) Income level of area to be served; also refers to housing with an annual (c) Relevance of program objectives; rental equal to or less than one-third

(d) Capacity to administer the of such section 235-236 maximum

neighborhood facility: income.

(e) Local equal employment and en(e) "Service Area" means the area

trepreneurial effort; proposed to be, and reasonably capa

(f) Local need; ble of being, served by the Neighbor

(g) Commitment of local, county, hood Facilities Grant Project.

State, and Federal entities to project $ 551.4 Program prerequisites.

or program;

(h) Expansion of housing for lowFor the Neighborhood Facilities

and moderate-income families; Grant Program there are the follow

(1) Community development; ing four prerequisites: (a) Relocation requirements (if ap

The elements considered in each cateplicable). (1) Submission of acceptable gory are described in the following secassurances of compliance with the tions, and the method of assigning Uniform Relocation Assistance and rating points to each element or cateReal Property Acquisition Policies Act gory is set forth. Points are awarded of 1970 (84 Stat. 1894, 42 U.S.C. 4601). to each element or category in the fol. (2) Absence of any known impedi

lowing manner unless otherwise spement to the applicant's ability to meet

cifically indicated: If & statement HUD relocation requirements and the

under a particular element or category applicant's and/or locality's ability to

applies specifically to the project apfulfill requirements for replacement

plication under consideration, the aphousing. Known impediment refers to

plication is awarded the number of a practical inability to provide ade- points assigned to that statement. If quate relocation assistance.

no statement applies, no points are (b) Civil rights. Submission of ac

awarded to the application for that ceptable assurances of compliance

element. with title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 252, 42

8 551.8 Relationship to comprehensive U.S.C. 2000d and HUD Title VI regula

planning. tions 24 CFR Part I, 29 FR 16280 and (The value of this category is the with affirmative action plan require- value of paragraph (a) of this section.) ments pursuant to Executive Order (a) General plan. The proposed f&11246, as amended 30 FR 12319, and cility is specifically identified in the loHUD regulations 24 CFR Part 130, 36 cality's general plan.......

............. 5 FR 20688.

(c) Service area. The service area of 8 551.10 Income level of area to be served. the facility is reasonable in relation

(The value of this category is the ship to the services to be provided, and

value of paragraphs (a), (b), or (c) of the design and capacity of the pro- this section, as applicable.) posed facility.

(a) Population served. On the basis (d) Project location. The project is of the latest available decennial census so located as to be available for use by

data 40-49 percent of the families a significant portion (or number in the

whose needs are proposed to be served case of large urban places) of the

by the facility are low- and moderatearea's low- and moderate-income resi- income families ...............

5 dents.

"Low- and moderate-income" is de8 551.6 Criteria for evaluating applica- fined in 8 551.2(c). tions.

(b) Population served. On the basis Criteria for evaluating applications of the latest available decennial census are divided into the following major data, 50-59 percent of the families categories:

whose needs are proposed to be served

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