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(a) Accessibility to low- and moderate-income persons. The proposed facility will be made readily accessible to low- and moderate-income persons outside the immediate neighborhood ---- 3

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

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 -

5 "Identified Needs" refer to those priority needs determined by the applicant with the participation of the community residents whose needs are to be served. § 551.14 Capacity to administer tho

Neighborhood 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 provide core services for the proposed facility. 5 "Core Services" (central administrative services) cover such activities as:

(1). Coordination of services, including hiring of a center director;

(2) Outreach;

(3) Intake, · referral, and followthrough;

(4) Information development and dissemination;

(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.... 5 or

(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 manner. 5 8 551.16 Local equal employment and

entrepreneurial 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 10cality have provided relatively superior 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 afirmative action in its own employment in the training and/or employment of minority persons with relatively superior results

4 In determining whether or not performance has been "relatively superior", 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 minority entrepreneurs in relation to total dollar amount of contracts let by locality; within the administering agency, racial composition at all levels of employment and absolute number of training opportunities made available to minority group persons. & 551.18 Local need.

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

(a) Median income of jurisdiction. The median annual family of the geographic area of jurisdiction of the applicant compared to the State median annual family income is: (Select one, if appropriate):

(1) $1-$500 below State median.--. 3

(2) More than $500 below State median

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

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

(2) More than $500 below State median

8 Median family incomes for the service area and the State are to be obtained by

Sec.

natural resources, or (3) historic, archi540.14 Information, application forms, and

tectural, or scenic purposes. applications.

(f) "Open space uses" means any use 640.16 Walvers.

of open space land for: (1) Park and recAUTHORITY: The provisions of this part 540

reational purposes, (2) conservation of issued under section 7(d) of the Housing and

land and other natural resources, or (3) Urban Development Act, 42 U.S.C. 3535(d).

historic, architectural, or scenic purposes. SOURCE: The provisions of this part 540 ap

(g) "Secretary” means the Secretary pear at 37 F.R. 23717, Nov. 8, 1972, unless otherwise noted.

of Housing and Urban Development or

an officer authorized to perform the 8 540.1 Purpose.

functions of the Secretary. The purpose of these regulations is to (h) "State" means any of the several implement title IV of the Housing and States, the District of Columbia, the Urban Development Act of 1970, Public Commonwealth of Puerto Rico, the terriLaw 91-609, 84 Stat. 1770, 1781. The ob tories and possessions of the United jectives of the program as set forth in the States. law include: To help curb urban sprawl (1) "Urban area" means any area and prevent the spread of urban blight which is urban in character, including and deterioration, to encourage more those surrounding areas which, in the economic and desirable urban develop judgment of the Secretary, form an ecoment, to assist in preserving areas and nomic and socially related region, takproperties of historic or architectural ing into consideration such factors as value, and to help provide necessary rec present and future population trends reational, conservation, and scenic areas and patterns of urban growth, location by assisting State and local public bodies of transportation facilities and systems, in taking prompt action to: (a) Provide, and distribution of industrial, commerpreserve, and develop open space land in cial, residential, governmental. Institua manner consistent with the planned tional, and other activities. long-range development of the Nation's

8 540.3 Grants for open space land and urban areas, (b) acquire, improve, and

historic preservation. restore areas, sites, and structures of historic or architectural value, and (c) de

(a) Grants of not more than 50 pervelop and improve open space and other cent of the acqusition and/or developpublic urban land in accordance with

ment cost of open space land and/or hisprograms to encourage and coordinate

toric preservation activities may be made local public and private efforts toward

to States and local public bodies. this end.

(b) Grants of not more than 75 per8 540.2 Definitions.

cent of the acquisition cost of undevel

oped or predominantly undeveloped land (a) "Changes in uses" means utiliz which has special significance in helping ing the open space land for purposes not to shape economic and desirable patterns contemplated in the application for a of urban growth if it is withheld from Grant Assistance Contract.

commercial, industrial, and residential (b) "Conversions" means changes in development, may be made to States and land use from open space uses to non local public bodies. Subsequent disposal open space uses.

of interest(s) acquired under this section (c) “Donation" means cash, land, ma are subject to approval by the Secretary terial, or services provided to, or by, an on such terms and conditions as he deapplicant for incorporation in the project termines equitable and appropriate, with at no cost to the applicant.

respect to the control of future use and (d) “Local public body" means any the sharing or application of the propublic body (including a political subdi ceeds or value realized. vision) created by or under the laws of a State or two or more States, or a com- $ 540.4 Eligible projects. bination of such bodies, and includes (a) Grant assistance is available to: Indian tribes, bands, groups, and nations (1) Acquire title to or other interest in (including Alaska Indians, Aleuts, and open space land in urban areas; Eskimos) of the United States.

(2) Develop open space or other land (e) "Open Space Land" means any In urban areas for open space uses; land located in an urban area which has (3) Assist in the acquisition and/or value for: (1) Park and recreational pur preservation of structures of historic or poses, (2) conservation of land and other architectural significance.

(b) Grant assistance will not be pro of otherwise eligible development which vided to:

commences after HUD approval of a (1) Defray ordinary State or local gov project application will be an eligible ernment expenses;

project cost. The foregoing limitations (2) Finance the acquisition by a public do not apply to development projects inbody of land outside the urban area for volving historic preservation activities or which it exercises (or participates in the swimming pools. exercise of) responsibilities consistent (g) The Secretary is authorized to colwith the purpose of the Act;

lect a fixed fee to defray the Govern(3) Acquire and clear developed land ment's expense in administering the proin built-up urban areas unless adequate gram. Such fees will be charged grant open space land cannot be effectively recipients except for projects involving provided through the use of existing un total costs of $25,000 or less, for which developed land;

no fee shall be charged. (4) Provide assistance for historic and

8 540.6 Acquisition of lesser interest. architectural preservation purposes except for districts, sites, buildings, struc

Notwithstanding $ 540.5 (c) and (e), tures, and objects which the Secretary

less than full title acquisition is perof the Interior determines meet the cri

mitted for land acquired under the proteria used in establishing the National gram. Such lesser interests include, but Register of Historic Places.

are not limited to, easements, rights-of

way, and leaseholds. The interest so ac8 540.5 Requirements and conditions

quired must assure public control of the for assistance.

land for a period of time appropriate (a) An eligible project must be needed to the particular open space use. for carrying out a unified or officially

8 540.7 Valuation of donated land. coordinated program, meeting criteria established by the Secretary, for the pro

The fair market value of donated land vision and development of open space

must be established by two independent land which is a part, or is consistent with,

appraisals as of the date of dedication. the comprehensively planned develop

$ 540.8 Valuation of donated materials. ment of the urban area except for his

The value of donated materials shall toric preservation projects, and

be their wholesale market price at the (b) Not more than 50 percent of the non-Federal share of such eligible project

time that they are incorporated into the

project. cost may be made up by donations of land or materials.

$ 540.9 Labor standards. (c) When fee title to land is acquired All laborers and mechanics employed with assistance under section 702 of the by contractors or subcontractors on Act, the land must remain under public projects assisted by a grant made purcontrol (except for changes in use and suant to section 702 of the Act shall be conversions which are permitted under paid wages at rates not less than those conditions specified in g 540.13), and prevailing on similar construction in the (d) When fee title is not acquired

locality as determined by the Secretary there must be a reasonable relationship of Labor in accordance with the Davisbetween the nature and term of the in- Bacon Act, as amended (40 U.S.C. 2750 terest acquired and the nature and/or 276a-5), and shall receive overtime comuseful life of the development or facility. pensation in accordance with and sub

(e) All facilities developed with assist ject to the provisions of the Contract ance under section 702 of the Act must Work Hours Standards Act (40 U.S.C. remain under public control for the use

327–332), and the contractors and subful life of the facility so developed. contractors shall comply with all regu

(f) No grant assistance is available for lations issued pursuant to these Acts. major construction, such as outdoor am The Secretary of Labor has, with respect phitheaters, dock facilities, golf courses, to the labor standards specified in this or major buildings. The grant amount section, the authority and functions set for other type development costs may forth in Reorganization Plan No. 14 of not exceed $250,000 or such other limita 1950 (15 F.R. 3176, 5 U.S.C. 1332–15) and tions as the Secretary may impose from section 2 of the Act of June 13, 1934, AS time to time. In any event, only the cost amended (40 U.S.C. 276c), No such proj

utilizing the City County Data Book or $ 551.24 Community development. other census data if possible. Or use best

The degree to which the project is available data.

necessary for undertaking other publicly $ 551.20 Commitment of local, county,

supported community development acState, and Federal entities to project tivities.--

0 to 6 or program.

“Community development activities” re(The value of this category is the sum fers to those publicly supported physical of paragraphs (a) to (d) of this section.) development activities and those related

(a) Local commitment. There was sub social or economic development activistantial participation by the chief execu ties being carried out or to be carried tive and governing body of the locality out within a reasonable period of time during the planning of the project, and in accordance with a locally determined they are demonstrating current public or areawide plan or strategy. Factors commitment in support of the project. 4 taken into consideration may include the

(b) Resident commitment. There was project's responsiveness to local needs effective widespread participation of a and objectives, the economics possible representative spectrum of service area through coordinated or joint action, the residents in the development of project degree of support by the appropriate objectives and there is evidence of cur unit(s) of local general-purpose governrent support for the execution of the ment, and the management capacity and project

4 efforts to develop management capacity (c) Coordination of resources. There within local general-purpose government. was substantial participation of other local agencies during planning, and there PART 555—GRANTS FOR BASIC PUBis a current commitment including re

LIC WATER AND SEWER FACILITIES sources, from Federal, State, county, or local entities other than those necessary

Sec.

555.1 Purpose. to satisfy the local share requirement. 4

555.2 Definitions. (d) Participation in areawide or met

555.3 Grants for basic public water and ropolitan planning. There is active par

sewer facilities, ticipation by the locality's representa 555.4 Eligible projects. tives in the areawide or metropolitan 555.5 Requirements for assistance. planning organization...

3

555.6 Labor standards.

555.7 Certification of projects for sewer 551.22 Expansion of housing for low

facilities. and moderate-income families.

555.8 Application of other Federal laws. (The value of this category is the sum

555.9 Information, application forms, and

applications. of the values of paragraphs (a), (b), and (c) of this section.)

AUTHORITY: The provisions of this part

555 issued under secs. 702, 705, 79 Stat. 490, (a) Expansion of low- and moderate

492; 42 U.S.C. 3102, 3105. income housing (applicant). Within the applicant's geographic area of jurisdic SOURCE: The provisions of this part 555 tion, there has been significant expan

appear at 36 F.R. 24730, Dec. 22, 1971, unless

otherwise noted. sion of the supply of standard housing for low- and moderate-income families 8 555.1 Purpose. in nondiscriminatory way..

3

The purpose of section 702 of the (b) Expansion of low- and moderate

Housing and Urban Development Act of income housing (locality). Within the

1965 (79 Stat. 490, 42 U.S.C. 3102) is to locality in which the project is located,

assist the large and small communities there has been significant expansion of

throughout the Nation to serve the needs the supply of standard housing for low

of their citizens and to promote efficient and moderate-income families in a non

and orderly community growth and dediscriminatory way-

3

velopment by making available Federal (c) Dispersion of low- and moderate

grant assistance to construct adequate income housing. The locality has a real

basic public water and sewer facilities. Istic plan to expand the supply of standard low- and moderate-income housing

8 555.2 Definitions. in & nondiscriminatory way outside an (a) "Act” shall mean the Housing and area of concentration ci economically Urban Development Act of 1965 (Public disadvantaged or minority citizens.-- 4 Law 89–117, approved August 10, 1965).

(b) "Development cost" shall mean treatment, purification, or distribution the cost of constructing a basic public of water for domestic, commercial, or water or sewer facility and the cost of industrial use; and acquiring the land on which it is located, (2) Basic public sewer facilities, inincluding site improvements necessary to cluding sanitary sewer systems for the permit the use of the land as a site for collection, transmission, and discharge the facility.

of liquid wastes; and storm sewer sys(c) “Local public bodies and agen tems for the collection, transmission, cies" shall mean any public corporate and discharge of water caused by rainbodies or political subdivisions; public fall or ground water runoff. agencies or instrumentalities of one or

(b) The basic public water or sewer more States (including public agencies

facility for which a grant may be made and instrumentalities of one or more

may include all parts of the water or municipalities or other political subdivi

sewer facility except household connecsions of one or more States); Indian

tions and the local collection or distritribes; or boards or commissions estab

bution laterals. lished under the laws of any State to

(c) Grant assistance will not be profinance specific capital improvement

vided to finance ordinary repairs or projects.

maintenance of existing facilities. (d) “Secretary” shall mean the Secre

(d) Grant assistance will not be protary of Housing and Urban Development,

vided for the construction of "treatment or an officer authorized to perform the

works" as defined in the Federal Water functions of the Secretary.

Pollution Control Act (70 Stat. 506, 23 (e) "State" shall mean the several

U.S.C. 1173). States, the District of Columbia, the Commonwealth of Puerto Rico, and $ 555.5 Requirements for assistance. territories and possessions of the United

(a) An eligible project must be necStates.

essary to provide adequate water or § 555.3 Grants for basic public water

sewer facilities for, and contribute to the and sewer facilities.

improvement of the health or living

standards of, the people in the commu(a) Grants of not more than 50 per

nity to be served by the project. The cent of the development cost of eligible

project must bebasic public water or sewer facility

(1) Designed so that an adequate caprojects may be made to local public

pacity will be available to serve the reabodies and agencies.

sonably foreseeable growth needs of the (b) Grants of not more than 90 per

area; cent of the development cost of an eli

(2) Consistent with & program for a gible sewer facility project may be made

unified or officially coordinated areawide if the project is to serve a community

water or sewer facilities system as part having a population of less than 10,000,

of the comprehensively planned developaccording to the most recent decennial

ment of the area; and census, which is situated within a metro

(3) Necessary to orderly community politan area, and if such community is

development. unable to finance the construction of the

(b) Prior to July 1, 1968, the Secretary sewer facility without the increased grant, and if in such community (1)

may, in his discretion, make a grant with there does not exist a public or other ade

respect to an eligible project if the proquate sewer facility which serves a sub

gram for an areawide water or sewer

facilities system is under active preparastantial portion of the inhabitants of the community and (2) the rate of unem

tion but not yet completed, if the facility

for which assistance is sought can reaployment is, and has been continuously for the preceding calendar year, 100 per

sonably be expected to be required as cent above the national average.

part of such an areawide program, and

there is an urgent need for the facility. $ 555.4 Eligible projects.

(c) The Secretary is authorized to (a) Grant assistance is available to

make a grant with respect to an eligible construct new facilities and to enlarge project for a sewer facility without reor improve existing facilities of the fol gard to the requirements contained in lowing types:

this section in the case of a community (1) Basic public water facilities, in which is eligible for an increased grant cluding facilities for the storage, supply, under $ 555.3(b).

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