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SUBCHAPTER C-COMMUNITY FACILITIES

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(a) Purpose. This part sets forth criteria and procedures to be used in preliminary evaluation of applications for Federal grant assistance to local public bodies and agencies for Neighborhood Facilities Grant Projects.

(b) Procedures. (1) Submissions will first be reviewed against four prerequisites. If any of these prerequisites are not met, the application will be rejected. If the application meets all prerequisites, it will be evaluated against the point rated criteria and assigned a point rating. Then, depending upon the relative rating of the application among other such applications pending in the area office, the applicant may be asked to submit further application material, with supporting documentation so that a final decision on the grant may be reached. Such application material is subject to reviews to determine compliance of the application with basic eligibility and technical requirements.

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(2) If an application does not receive a high enough point rating to qualify for funding as compared to other pending applications, or if the application cannot meet basic eligibility or technical requirements, the application and any supporting documents will be returned to the applicant with advice as to the areas of deficiency. Remedial action regarding the deficiencies must be undertaken before the proposal may be reconsidered. The provisions of these regulations do not apply to projects involving New Communities, or such other critical or innovative projects as the Assistant Secretary for Community Development may determine. The Department reserves the right to negotiate the modification of the scope of the proposed undertaking and/or the amount of financial assistance requested.

§ 551.2 Definitions.

As used in the regulations in this part:

(a) "Applicant" means a local public body or agency, as defined in section 706(b) of the Housing and Urban Development Act of 1965, 79 Stat. 451, 489, 42 U.S.C. 3101, which is applying for Federal assistance under the Neighborhood Facilities Grant Pro

gram.

(b) "Locality" means the political jurisdiction or jurisdictions having general purpose government powers upon whose behalf the application for Federal assistance has been substituted.

(c) "Low and moderate income" means an income level which is less than the maximum income eligibility level for a family of four for the county in which the project is to be located under either of the subsidized housing programs authorized by section 235 or 236 of the National Housing Act, as amended, 82 Stat. 476, 477, 498, 12 U.S.C. 1715Z, 1715Z-1.

(d) "Low- and moderate-income housing" refers to housing within a fair market value that is equal to or less than the resultant of multiplying the section 235-236 maximum income for a family of four, as established by

the Secretary, for the county in which the project is located, by a factor of 3. “Low- and moderate-income housing” also refers to housing with an annual rental equal to or less than one-third of such section 235-236 maximum income.

(e) "Service Area" means the area proposed to be, and reasonably capable of being, served by the Neighborhood Facilities Grant Project.

§ 551.4 Program prerequisites.

For the Neighborhood Facilities Grant Program there are the following four prerequisites:

(a) Relocation requirements (if applicable). (1) Submission of acceptable assurances of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894, 42 U.S.C. 4601).

(2) Absence of any known impediment to the applicant's ability to meet HUD relocation requirements and the applicant's and/or locality's ability to fulfill requirements for replacement housing. Known impediment refers to a practical inability to provide adequate relocation assistance.

(b) Civil rights. Submission of acceptable assurances of compliance with title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 252, 42 U.S.C. 2000d and HUD Title VI regulations 24 CFR Part I, 29 FR 16280 and with affirmative action plan requirements pursuant to Executive Order 11246, as amended 30 FR 12319, and HUD regulations 24 CFR Part 130, 36 FR 20688.

(c) Service area. The service area of the facility is reasonable in relationship to the services to be provided, and the design and capacity of the proposed facility.

(d) Project location. The project is so located as to be available for use by a significant portion (or number in the case of large urban places) of the area's low- and moderate-income residents.

§ 551.6 Criteria for evaluating applications.

Criteria for evaluating applications are divided into the following major categories:

(a) Relationship to comprehensive planning;

(b) Income level of area to be served; (c) Relevance of program objectives; (d) Capacity to administer the neighborhood facility;

(e) Local equal employment and entrepreneurial effort;

(f) Local need;

(g) Commitment of local, county, State, and Federal entities to project or program;

(h) Expansion of housing for lowand moderate-income families;

(1) Community development; The elements considered in each category are described in the following sections, and the method of assigning rating points to each element or category is set forth. Points are awarded to each element or category in the following manner unless otherwise specifically indicated: If a statement under a particular element or category applies specifically to the project application under consideration, the application is awarded the number of points assigned to that statement. If no statement applies, no points are awarded to the application for that element.

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§ 551.10 Income level of area to be served.

(The value of this category is the value of paragraphs (a), (b), or (c) of this section, as applicable.)

(a) Population served. On the basis of the latest available decennial census data 40-49 percent of the families whose needs are proposed to be served by the facility are low- and moderateincome families...... .......... 5

"Low- and moderate-income" is defined in § 551.2(c).

(b) Population served. On the basis of the latest available decennial census data, 50-59 percent of the families whose needs are proposed to be served

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(c) Population served. On the basis of the latest available decennial census data, 60 percent or over of the families whose needs are proposed to be served by the facility are low- and moderateincome families...... 14

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(5) Maintenance of central recordkeeping system;

(6) Community organization.

(b) Program experience. (1) If locality has had prior federally assisted Neighborhood Facilities Grant Program experience: The locality has expeditiously put in operation such facilities; where displacement was involved, effectively carried out relocation activities; and operated the completed facilities in accordance with contract conditions .....

(b) Provision of community service. The proposed facility will provide a program of community services to meet identified needs of low- and moderate-income families and individuals where present service and facilities do not exist

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(2) If the locality is without federally assisted Neighborhood Facilities Grant Program experience: The applicant has adequately maintained public facilities on a neighborhood basis and operated them in a nondiscriminatory

8 (c) Coordination of existing services. The proposed Neighborhood Facility Program will coordinate and extend existing health, recreation, social or similar community services to meet the identified needs of the population of the area to be served..... mprehen "Identified Needs" refer to those priority needs determined by the applicant with the participation of the community residents whose needs are to be served.

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8551.16 Local equal employment and en-
trepreneurial effort.

(The value of this category is the
sum of the values of paragraphs (a),
(b), and (c) of this section.)

(a) Activities undertaken by the locality have provided relatively superlor opportunities for training and/or employment of minority persons....... 3

(b) Activities undertaken by the locality have provided relatively superior opportunities for business concerns owned, controlled or managed in substantial part by minority persons...... 3

(c) The applicant has taken affirmative action in its own employment in

8551.14 Capacity to administer the Neigh- the training and/or employment of borhood Facility.

(The value of this category is the sum of paragraphs (a) and (b) of this section.)

(a) Local commitment. The locality
has committed staff and funds to pro-
vide core services for the proposed fa-
cility.
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"Core Services" (central administra-
tive services) cover such activities as:
(1) Coordination of services, includ-
ing hiring of a center director;

(2) Outreach;

(3) Intake, referral, and follow through;

minority persons with relatively superior results

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In determining whether or not per-
formance has been "relatively superi-
or", the following items will be taken
into consideration. Absolute numbers
of persons actually trained or hired in
relation to numbers of minority group
persons in the labor market area; total
dollar value of contracts let to minor-
ity entrepreneurs in relation to total
dollar amount of contracts let by local-
ity; within the administering agency,
racial composition at all levels of em-
ployment and absolute number of

(4) Information development and training opportunities made available
dissemination;
to minority group persons.

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(1) $1-$500 below State median (2) More than $500 below State median....... 6

(b) Median income of service area. The median annual family of the service area compared to the State annual median family income is: (Select one if appropriate):

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(1) $1-$500 below State median (2) More than $500 below State median............. 8

Median family incomes for the service area and the State are to be obtained by utilizing the City County Data Book or other census data if possible. Or use best available data.

§ 551.20 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.......

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

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(d) Participation in areawide or metropolitan planning. There is active participation by the locality's repre

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§ 551.22 Expansion of housing for low-and moderate-income families.

(The value of this category is the sum of the values of paragraphs (a), (b), and (c) of this section.)

(a) Expansion of low- and moderateincome housing (applicant). Within the applicant's geographic area of jurisdiction, there has been significant expansion of the supply of standard housing for low- and moderate-income families in nondiscriminatory way 3

(b) Expansion of low- and moderateincome housing (ïocality). 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 nondiscriminatory way

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

§ 551.24 Community development.

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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 development 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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(d) "Secretary" shall mean the Secretary of Housing and Urban Development, or an officer authorized to perform the functions of the Secretary.

(e) "State" shall mean the several States, the District of Columbia, the Commonwealth of Puerto Rico, and territories and possessions of the United States.

§ 555.3 Grants for basic public water and
sewer facilities.

(a) Grants of not more than 50 per-
cent of the development cost of eligi-
ble basic public water or sewer facility
projects may be made to local public
bodies and agencies.

The purpose of section 702 of the
Housing and Urban Development Act
of 1965 (79 Stat. 490, 42 U.S.C. 3102) is
to assist the large and small communi-
ties throughout the Nation to serve
the needs of their citizens and to pro-
mote efficient and orderly community
growth and development by making
available Federal grant assistance to
construct adequate basic public water
and sewer facilities.

8555.2 Definitions.

(b) Grants of not more than 90 percent of the development cost of an eligible sewer facility project may be made if the project is to serve a community having a population of less than 10,000, according to the most recent decennial census, which is situated within a metropolitan area, and if such community is unable to finance the construction of the sewer facility without the increased grant, and if in such community (1) there does not exist a public or other adequate sewer facility which serves a substantial portion of the inhabitants of the community and (2) the rate of unemployment is, and has been continuously for the preceding calendar year, 100 percent above the national average.

(a) "Act" shall mean the Housing and Urban Development Act of 1965 (Pub. L. 89-117, approved August 10, 1965).

(b) "Development cost" shall mean the cost of constructing a basic public water or sewer facility and the cost of acquiring the land on which it is located, including site improvements necessary to permit the use of the land as a site for the facility.

8555.4 Eligible projects.

(a) Grant assistance is available to construct new facilities and to enlarge or improve existing facilities of the following types:

(c) "Local public bodies and agencies" shall mean any public corporate bodies or political subdivisions; public agencies or instrumentalities of one or more States (including public agencies and instrumentalities of one or more municipalities or other political subdivisions of one or more States); Indian tribes; or boards or commissions established under the laws of any State to finance specific capital improvement projects.

(1) Basic public water facilities, including facilities for the storage, supply, treatment, purification, or distribution of water for domestic, commercial, or industrial use; and

(2) Basic public sewer facilities, including sanitary sewer systems for the collection, transmission and discharge of liquid wastes; and storm sewer systems for the collection, transmission, and discharge of water caused by rainfall or ground water runoff.

(b) The basic public water or sewer facility for which a grant may be made may include all parts of the water or sewer facility except household con

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