of Historic Places. The "National Register of Historic Places" is a record of culturally significant property maintained by the National Park Service, U.S. Department of the Interior. See section 101 of the Historic Preservation Act of 1966, Public Law 89-665, 80 Stat. 915, 16 U.S.C. 470.

§ 541.6 Criteria for evaluating applications.

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

(a) Local effort and coordination; (b) Projects ability to meet open space needs;

(c) Local equal employment and entrepreneurial effort;

(d) Local need;

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

(f) Expansion of housing for low- and moderate-income families;

(g) 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 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.

§ 541.8 Local effort and coordination.

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

(a) Budget and capital improvement plan. All necessary project related public improvements, facilities, and services are identified in the appropriate local budgets and/or capital improvement plan, except those included in projects costs

4

(b) Model Cities. The project area in whole or in part is in a Model Neighborhood and there exists a statement by the City Demonstration Agency Director that the activities for which funding is requested are consistent with the goals

(c) Local regulatory measures. The project is coordinated with other programs and regulations to improve the quality of the environment, as evidenced by the fact that the locality has adopted and is enforcing regulatory measures to reduce blight and decay and to preserve and promote open space and historic resources. These regulatory measures must include at least four of the following 4

(1) Requirements for undergrounding of utilities;

(2) Adoption and enforcement of litter control, weed abatement, or sign control regulations;

(3) Subdivision regulations requiring open space dedication;

(4) Cluster zoning or planned unit developments; "Cluster Zoning or Planned Unit Development" are regulations enacted by the locality that encourage the grouping and placement of structures in such a manner as to create or reserve open space.

(5) Regulations permitting relaxation of set back and height controls, or development rights transfer, to provide open space or protect historic structures in core areas;

(6) Ordinances to protect historic sites, districts, buildings, structures, and objects.

(7) Regulations to prevent deterioration of ambient air quality.

(d) Low- and moderate-income housing. The project is related to and coordinated with the provision of low- and moderate-income housing

4

§ 541.10 Projects ability to meet open space needs.

(The value of this category is the sum of the values of paragraphs (a) to (e) of this section.)

(a) Environment. Effect on the environment (The value of this section is the sum of subparagraphs (1) to (5) of this paragraph.)

(1) The project involves substantial environmental improvement activities in a predominantly residential area or includes some Historic Preservation Activities 2

(Projects involving predominantly Historic Preservation Activities are excluded

"Ecologically significant" refers to unusual, specific, resource-oriented open space areas such as wildlife sanctuaries, geysers, waterfalls, wet lands, and sand dunes.

(b) Population served. The project will readily serve a substantial number of low and moderate income residents. 7

(c) Patterns of urban growth. The project will help curb urban sprawl or involves undeveloped or predominately undeveloped land which, if withheld from commercial, industrial, and residential development, would have special significance in helping to shape desirable patterns of urban growth...

5

"Urban sprawl" refers to random and unguided development outward from urban centers. It is usually characterized by groups of large scale, low density residential developments, interspersed and surrounded by commercial and industrial development. Projects that can help alleviate and curb urban sprawl are projects designed to guide large scale

growth or act as a buffer by separating incompatible land uses.

(d) Danger of loss. The project site is in imminent danger of loss‒‒‒‒‒‒ 3 "Imminent Danger of Loss" means that the project is threatened by action which will prevent the use of the area or property for open space or historic preservation purposes.

(e) Program experience. (1) If applicant had previous federally assisted program experience: The applicant has expeditiously acquired properties; where displacement was involved, effectively carried out relocation activities; expeditiously developed the properties; sponsors programs for their use; and operates them in accordance with contract conditions_..

§ 541.12 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 10cality 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 _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. § 541.14 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 income 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 income 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. "Service Area" refers to the area proposed to be, and reasonably capable of being, served by the Open Space Land Project. § 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

(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 areas of concentration or economically disadvantaged or minority citizens_______4 § 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 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 economies 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.

(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.

(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.

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 Program.

(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 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 applica

tions. 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;

(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.

§ 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

5