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local government as determined under in cases where assistance for such facilthis subpart, and will be deducted from ities has been determined to be unavailsuch entitlement amount for Fiscal Year able under other Federal laws or pro1975. Deductions for this purpose wil grams pursuant to the provisions of be made after the allocation of funds $ 570.608; and parking facilities, solid pursuant to this subpart and shall not waste disposal facilities, and fire protecotherwise affect the allocation of funds. tion services and facilities which are loThe deduction required for such grants cated in areas or which serve areas in shall be disregarded in determining the which other activities described in amount of grants made to any unit of $ 570.303(b) are being, or are to be, cargeneral local government that may be ried out. applied, pursuant to 570.802(b), to pay- (3) Code enforcement in deteriorated ment of temporary loans in connection or deteriorating areas in which such enwith urban renewal projects under Title I forcement, together with public improveof the Housing Act of 1949.

ments and services to be provided, may Subpart C-Eligible Activities

be expected to arrest the decline of the

area. $ 570.200 Eligible activities.

(4) Clearance, demolition, removal, (a) Grant assistance for a community

and rehabilitation of buildings and imdevelopment program may be used only provements (including (i) interim assistfor the following activities:

ance to alleviate harmful conditions in (1) Acquisition in whole or in part by which immediate public action is needed purchase, lease, donation, or otherwise, and (ii) financing rehabilitation of priof real property (including air rights, vately owned properties through the use water rights, and other interests there- of grants, direct loans, loan guarantees, in), which is

and other means, when in support of (i) Blighted, deteriorated, deteriorat- other activities described in $ 570.303 ing, undeveloped, or inappropriately de- (b), and (iii) demolition and modernizaveloped from the standpoint of sound tion (but not new construction) of pubcommunity development and growth, as licly owned low-rent housing. determined by the recipient pursuant to (5) Special projects directed to the reState and local laws;

moval of material and architectural bar(ii) Appropriate for rehabilitation or riers which restrict the mobility and acconservation activities;

cessibility of elderly and handicapped (iii) Appropriate for the preservation persons. or restoration of historic sites, the beau- (6) Payments to housing owners for tification of urban land, the conservation

losses of rental income incurred in holdof open spaces, natural resources, and

ing for temporary periods housing units scenic areas, the provision of recreational

to be utilized for the relocation of inopportunities, or the guidance of urban

dividuals and families displaced by prodevelopment; (iv) To be used for the provision of

gram activities. public works, facilities, and improve

(7) Disposition, through sale, lease, ments eligible for assistance under para

donation, or otherwise of any real propgraph (a) (2) of this section; or

erty acquired pursuant to this part or its (v) To be used for other public pur- retention for public purposes, provided poses, including the conversion of land that the proceeds from any such disposito other uses where necessary or appro- tion shall be expended only for activities priate to the community development in accordance with this part. program.

(8) Provision of public services not (2) Acquisition, construction, recon- otherwise available in areas, or serving struction, or installation of the following residents of areas, in which the recipient public works, facilities, and site or other is undertaking, or will undertake, other improvements: neighborhood facilities, activities described in § 570.303(b), where senior centers, historic properties, util- such services are determined to be necesities, streets, street lights, water and sary or appropriate to support such other sewer facilities, foundations and plat- activities and where assistance in providforms for air rights sites, pedestrian malls ing or securing such services under other and walkways, and parks, playgrounds, applicable Federal laws or programs has and other facilities for recreational par- been applied for and denied or not made ticipation; flood and drainage facilities available pursuant to the provisions of $ 570.607. For the purposes of this para- tivities described in $ 570.303(b) and the graph, such services shall be directed to- housing activities covered in the Housing ward (i) improving the community's Assistance Plan described in $ 570.303 (c) public services and facilities including are to be concentrated with respect to the those concerned with the employment, planning and execution of such activities. economic development, crime prevention, (b) Notwithstanding anything to the child care, health, drug abuse, education, contrary in this section or in $ 570.201, welfare, or recreation needs of persons any ongoing activity being carried out in residing in such areas, and (ii) coordi- a model cities program shall be eligible nating public and private development for funding under this part from that programs.

portion of the hold-harmless amount at(9) Payment of the non-Federal share tributable to such model cities program required in connection with a Federal

until the applicant has received five grant-in-aid program undertaken as part years of funding for such activities as of the community development program calculated pursuant to $ 570.103(c) (2) pursuant to § 570.303(b), provided, That (ii). For the purpose of this paragraph, such payment shall be limited to activ- the term “ongoing activity” means any ities otherwise eligible under this section. model cities activity underway as of Jan(10) Payment of the cost of complet

uary 1, 1975, that was approved and ing a project funded under Title I of the funded by HUD on or before June 30, Housing Act of 1949, including the pro- 1974. visions for financial settlement contained

(c) Costs incurred in carrying out the in Subpart I.

program, whether charged to the pro(11) Relocation payments and assist

gram on a direct or an indirect basis, ance for individuals, families, busi

must be in conformance with the renesses, organizations, and farm opera

quirements of Federal Management Cirtions displaced by activities assisted

cular 74-4, “Cost Principles Applicable under this part, including all benefits at

to Grants and Contracts with State and least equal to the minimum levels estab

Local Governments,” except as modified lished under the Uniform Relocation

in these regulations. Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601).

§ 570.201 Ineligible activities. (12) Activities necessary (i) to develop Any type of activity not described in a comprehensive community develop- § 570.200 is ineligible. The following list ment plan (which plan may address the of examples of ineligible activities is needs, strategy, and objectives to be sum- merely illustrative, and does not constimarized in the application pursuant to tute a list of all ineligible activities. $ 570.303(a) but may treat only such (a) Public facilities. The general rule public services as are necessary or appro- is that a public facility is ineligible to be priate to support activities meeting such acquired, constructed, reconstructed, reneeds and objectives), and (ii) to develop habilitated, or installed unless it is spea policy-planning-management capacity cifically mentioned in § 570.200(a) (2), or so that the recipient may more rationally was previously eligible under any of the and effectively (A) determine its needs, programs consolidated by the Act (ex(B) set long-term goals and short-term cept the public facilities loan program, objectives, (C) devise programs and ac- the model cities program, and as an tivities to meet the goals and objectives, urban renewal local grant-in-aid eligible (D) evaluate the progress of such pro- under section 110(d) (3) of the Housing grams in accomplishing these goals and Act of 1949) and cited in § 570.1(c). Exobjectives, and (E) carry out manage- amples of facilities which cannot be proment, coordination, and monitoring of vided with these funds include the activities necessary for effective planning following: implementation.

(1) Buildings and facili for the (13) Payment of reasonable adminis- general conduct of government, such as trative costs and carrying charges related city halls and other headquarters of govto the planning and execution of com- ernment (where the governing body munity development and housing activi- meets regularly), of the recipient and ties, including the provision of informa- which are predominantly used for muniction and, at the discretion of the recipi- ipal purposes, courthouses, police staent, of resources to residents of areas in tions, and other municipal office buildwhich other community development ac- ings;

(2) Stadiums, sports arenas, auditori- Part, except as provided under the last ums, concert halls, cultural and art cen- resort housing provisions of 24 CFR Part ters, convention centers, museums, librar

43. ies, and similar facilities which are used (f) Income payments. Except as by the general public primarily as spec- authorized under $ 570.200, funds may tators or observers, except cultural, art, not be expended for direct income paymuseum, library, and similar facilities ments for housing or for any other purundertaken as part of a neighborhood pose, except as provided under the last facilities project;

resort housing provisions of 24 CFR Part (3) Schools generally, including ele- 43. Examples include payments for inmentary, secondary, college and univer- come maintenance and housing allowsity facilities, but excluding a neighbor- ances. hood facility or senior center in which classes in practical and vocational activi

Subpart Applications for Entitlement

Grants ties (such as first aid, homemaking, crafts, etc.) may be taught;

§ 570.300 Pre-submissions. (4) Airports, subways, trolley lines, bus (a) Timing of submission of applicaor other transit terminals, or stations, tions. The Secretary will establish from and other transportation facilities; and time to time the earliest and latest dates

(5) Hospitals, nursing homes, and for submission of an application for each other medical facilities, but excluding a fiscal year. Applications, or draft mateneighborhood facility or senior center in rials relating to applications, received which health services are but part of the before the earliest date will be returned services offered.

to the applicant without review. For fis(b) Operating and maintenance ex- cal year 1975, the earliest date for subpenses. Except for the public services de

mission of an application shall be Described in $ 570.200(a) (8), and the cember 1, 1974; the latest date shall be interim assistance authorized under

April 15, 1975: Provided, however, That $ 570.200(a) (4), operating and mainte- the Secretary may extend the April 15, nance expenses in connection with com- 1975, deadline for submission of an apmunity services and facilities are not

plication in particular cases in which, in eligible. Examples include maintenance his judgment, procedures mandated by and repairs of water and sewer and park- state statute or regulation render subing facilities, and salaries of staff operat- mission of the application by April 15, ing such facilities.

1975, impracticable, but in no event will (c) General government expenses. Ex- submission of an application be accepted cept for the provisions of $ 570.200(c), ex- after May 30, 1975. Applicants wishing penses required to carry out the regular to request an extension of the April 15, responsibilities of the unit of general 1975, headline pursuant to this paralocal government are not eligible. Ex- graph shall inform the appropriate HUD amples include all ordinary general gov- Area Office by March 1, 1975, giving the ernment expenditures not related to the

basis for the applicant's inability to file community development program de- an application by April 15, 1975. No exscribed pursuant to $ 570.303(b) and not tension will be granted if the request related to activities eligible under for extension and the reasons therefor $ 570.200.

have not been received by HUD by (d) Political activities. No expendi- March 1, 1975. Prior to the earliest date ture may be made for the use of equip- for submission of an application for each ment or premises for political purposes, fiscal year, HUD will provide all applisponsoring or conducting candidates' cants with forms and instructions, inmeetings, engaging in voter registration cluding the actual or estimated entitleactivity or voter transportation (except ment amount. Entitlement applicants where part of the communitywide regis- wishing to apply for discretionary grants tration drive sponsored by the unit of shall follow the procedures described in general local government), or other par- Subpart E, Applications and Criteria for tisan political activities.

Discretionary Grants. (e) New housing construction. Con- (b) Upon receiving advice from HUD struction of new permanent residential that the application has been received structures, or any program to subsidize for processing, the applicant shall make or finance such construction, is not a per- reasonable efforts to inform citizens inmissible use of funds provided under this volved in the local citizen participation

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process that the application has been 1975, an applicant may request an adsubmitted to HUD and is available to vance of funds in an amount not to exinterested parties upon request. This re- ceed ten percent of its entitlement quirement may be satisfied by publica- amount. A request for advance may be tion of a notice to that effect in a peri- submitted to the appropriate HUD Area odical or general circulation in the juris- Office no earlier than December 1, 1974. diction of the applicant.

An advance of funds may not be approved (c) Meeting the requirement of OMB prior to January 1, 1975, and the appliCircular No. A-95. Applicants must com- cant's program year does not begin until ply with the procedures set forth in OMB approval of a full application for a grant. Circular No. A-95 which require the sub- The request for advance shall be in a mission of the application to the State form and manner prescribed by HUD and areawide clearinghouses for review and shall identify and estimate the cost and comment prior to submission to of the activities to be carried out with HUD. For Fiscal Year 1975 submissions the advance. only, the Office of Management and (b) Eligible uses of advance funds. Budget has granted an exception to the Advance funds will be made available length of review time for block grant for the following purposes: applications to permit clearinghouses a (1) To plan and prepare for the imsingle 45-day period for review. In addi- plementation of activities to be assisted tion, clearinghouses should divide their

under this part; and comments into two sections. The first (2) To continue previously approved will cover comments relating to facts

urban renewal (including Neighborhood and data relevant to HUD's making its

Development Program) activities being statutory determination on the applica- carried out under Title I of the Housing tion in accordance with $ 570.306(b). Act of 1949 and/or previously approved The second section will include all other

model cities activities being carried out comments and recommendations which

under Title I of the Demonstration clearinghouses desire to submit to the

Cities and Metropolitan Development Act applicant.

of 1966. The phrase "previously ap[39 FR 40136, Nov. 13, 1974, as amended at proved” in the preceding sentence shall 40 FR 5356, Feb. 5, 1975)

mean those urban renewal and model § 570.301 Program year.

cities activities that were approved and

funded by HUD on or before June 30, (a) First program year. The first pro

1974. gram year shall start on the date of HUD

(c) Authorization to incur costs. Upon approval of the application and shall run

the effective date of these regulations, for twelve consecutive months, except when modified under the provision of

applicants, by appropriate resolution of

the local governing body and as of the paragraph (b) of this section.

date of such resolution, may begin to (b) Subsequent program years. The

incur costs for the planning and prepsecond program year shall normally be

aration of an application for funds gin twelve months after the beginning

available under this part. The resolution date of the first program year. However,

shall recognize that reimbursement for an applicant may request to shorten the

such costs will be dependent upon the first program year by no more than

availability of funds to implement this three calendar months in order to meet

part, and submission of a timely appliurgent local needs and objectives, to re

cation in accordance with $ 570.303. flect activity funded with Fiscal Year

Costs incurred with local funds pursuant 1975 appropriations for the urban re

to this paragraph may be reimbursed newal and model cities programs, or to

from an advance of funds. The total of conform the program year to State or lo

all costs incurred pursuant to this seccal budgeting requirements. The appli

tion may not exceed ten percent of the cant shall not submit an application for

applicants' entitlement amount and must a program year beginning prior to the end of the preceding twelve-month pro

be fully documented in the applicants'

files. gram year without the prior concurrence of the HUD Area Office.

$ $ 570.303 Application requirements. $ 570.302 Advances and authorization to An application for a grant shall conincur costs.

form to and be limited to the prescribed (a) Request for advance. For the first HUD forms and shall include the followprogram year beginning after January 1, ing items:

(a) Community development plan sum- this part and indicate, by each census mary. The application shall include a tract, the concentrations of minority summary of a three-year community de- groups and lower-income persons. velopment plan which identifies com- (3) An applicant may provide in tho munity development needs, demonstrates community development program for the a comprehensive strategy for meeting planned expenditure of program year those needs, and specifies both short- funds in the subsequent program year. and long-term community development (c) Housing assistance plan. The apobjectives which have been developed in plication shall contain a housing assistaccordance with areawide development ance plan which: planning and national urban growth (1) Accurately surveys the condition policies. The plan shall be written in a of the housing stock in the community. manner to encompass the needs, strategy The applicant shall present in summary and objectives, and to described a pro- form a description of housing conditions gram, which is designed to eliminate or by number of units in standard condition prevent slums, blight, and deterioration and in substandard condition, and to tho where such conditions or needs exist, and extent such information is generally to provide improved comniunity develop- available, the units suitable for rehabillment facilities and public improvements, tation, and in each case distinguishing including the provision of supporting the numbers which are occupied and health, social and similar services where which are vacant. necessary and appropriate. In identifying (2) Estimates the housing assistance the needs, the applicant shall take into needs of lower income persons (including consideration any special needs found to lower-income persons who are elderly exist in any identifiable segment of the and handicapped persons, large families, total group of lower income persons in and persons displaced or to be displaced) the community. With respect to area- either already residing in the community, wide planning, the applicant must give or planning or expected to reside in the careful consideration to applicable area- community as a result of planned or wide plans but need not conform rigidly existing employment facilities. The asto such plans or secure approval of area- sessment of housing assistance needs of wide planning agencies. Where areawide lower income persons should take into activities are determined in the A-95 consideration and summarize any special comments transmitted by the area wide needs found to exist in any identifiable planning agency to be inconsistent with segment of the total group of lowerapplicable area wide plans, then the ap- income persons in the community. plicant shall provide in the application to (3) Specifies a realistic annual goal for HUD an explanation of the reasons for the number of dwelling units or persons the inconsistencies.

to be assisted including the relative pro(b) Community development program. portion of new, rehabilitated and existing (1) The application shall include a sum- dwelling units, and the sizes and types of mary of a community development pro- housing projects and assistance best gram which:

suited to the needs of lower income per(i) Includes the activities to be under- sons in the community. This statement of taken with the funds provided under this the annual goal for dwelling units to be part for the program year to meet the assisted shall take into consideration the community development needs and ob- housing conditions and needs summajectives together with the estimated costs rized pursuant to the two preceding parand general location of such activities: agraphs of this section. The goals for

(11) Indicates resources other than new, rehabilitated, and existing units those provided under this part which are

should be consistent with the findings expected to be made available during the

pursuant to $ 570.303(c) (1) with respect program year toward meeting the iden

to the availability of existing units of tified needs and objectives; and

standard quality and units suitable for

rehabilitation. HUD field offices will ad(iil) Takes into account appropriate

vise applicants, upon request, of housing environmental factors.

assistance resources available to field of(2) The applicant shall submit maps

fice juridictions pursuant to section 213 of the geographic jurisdiction of the ap

of the Housing and Community Developplicant. Such maps shall indicate the ment Act of 1974 prior to submission of general location of proposed activities to the housing assistance plan by the be undertaken with funds provided under locality.

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