Code of Federal Regulations: Containing a Codification of Documents of ...

(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___.

"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 the 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

(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 § 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 locality 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 affirmative action in its own employment in the training and/or employment of minority persons with relatively superior results

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 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):

(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

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

§ 551.4 Program requisites.

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, Public Law 88-352, 78 Stat. 252, 42 U.S.C. 2000d and HUD Title VI regulations 24 CFR Part I, 29 F.R. 16280 and with affirmative action plan requirements pursuant to Executive Order 11246, as amended 30 F.R. 12319, and HUD regulations 24 CFR Part 130, 36 F.R. 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 low- and moderate-income families;

(i) 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.

§ 551.8 Relationship to comprehensive planning.

(The value of this category is the value of paragraph (a) of this section.)

(a) General plan. The proposed facility is specifically identified in the locality's general plan...----. 5

§ 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 moderate-income families

"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 the 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.

(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 § 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 affirmative action in its own employment in the training and/or employment of minority persons with relatively superior results

§ 551.18 Local need.

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

(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):

(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

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 4

(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. 4 (d) Participation in areawide or metropolitan planning. There is active participation by the locality's representatives in the areawide or metropolitan planning organization....... § 551.22

§ 551.24 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 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.

Expansion of housing for lowand 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---

Certification of projects for sewer facilities.

Application of other Federal laws. 555.9 Information, application forms, and applications.

AUTHORITY: The provisions of this Part 555 issued under secs. 702, 705, 79 Stat. 490, 492; 42 U.S.C. 3102, 3105.

SOURCE: The provisions of this Part 555 appear at 36 F.R. 24730, Dec. 22, 1971, unless otherwise noted.

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 communities throughout the Nation to serve the needs of their citizens and to promote efficient and orderly community growth and development by making available Federal grant assistance to construct adequate basic public water and sewer facilities. § 555.2 Definitions.

(a) "Act" shall mean the Housing and Urban Development Act of 1965 (Public Law 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.

(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.

(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 percent of the development cost of eligible basic public water or sewer facility projects may be made to local public bodies and agencies.

(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.

§ 555.4 Eligible projects.

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

(1) Basic public water facilities, including facilities for the storage, supply,

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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 connections and the local collection or distribution laterals.

(d) Grant assistance will not be provided for the construction of "treatment works" as defined in the Federal Water Pollution Control Act (70 Stat. 506, 23 U.S.C. 1173).

§ 555.5 Requirements for assistance.

(a) An eligible project must be necessary to provide adequate water or sewer facilities for, and contribute to the improvement of the health or living standards of, the people in the community to be served by the project. The project must be

(1) Designed so that an adequate capacity will be available to serve the reasonably foreseeable growth needs of the area;

(2) Consistent with a program for a unified or officially coordinated area wide water or sewer facilities system as part of the comprehensively planned development of the area; and

(3) Necessary to orderly community development.

(b) Prior to July 1, 1968, the Secretary may, in his discretion, make a grant with respect to an eligible project if the program for an areawide water or sewer facilities system is under active preparation but not yet completed, if the facility for which assistance is sought can reasonably be expected to be required as part of such an areawide program, and there is an urgent need for the facility.

(c) The Secretary is authorized to make a grant with respect to an eligible project for a sewer facility without regard to the requirements contained in this section in the case of a community which is eligible for an increased grant under § 555.3(b).

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