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(4) Indicates the general location by census tract or groups of census tracts of proposed new housing construction projects and substantial rehabilitation projects for lower income persons on maps as called for in § 570.303(b) (2), (and for those projects proposed for HUD assistance, considering the site and neighborhood standards established by HUD for the housing assistance payments program), with the objectives of:

(i) Furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible.

(ii) Promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons.

(iii) Assuring the availability of public facilities and services adequate to serve proposed housing projects.

(d) Community development budget. The applicant shall submit a community development budget on forms prescribed by HUD. Sufficient amounts shall be included in each year's budget to fully fund relocation payments and assistance for all persons expected to be displaced by that year's community development program activities even if such displacement will not occur until a later program year.

(e) Certifications. The applicant shall submit certifications, in such forms as HUD may prescribe, providing assurances that:

(1) The program will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (Pub. L. 88–352); Title VIII of the Civil Rights Act of 1968 (Pub. L. 90–284); section 109 of the Housing and Community Development Act of 1974; section 3 of the Housing and Urban Development Act of 1968; Executive Order 11246; Executive Order 11063, and any HUD regulations issued to implement these authorities.

(2) Prior to submission of its application, the applicant has:

(i) Provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements;

(ii) Held at least two public hearings to obtain the views of citizens on community development and housing needs; and

(iii) Provided citizens an adequate opportunity to participate in the development of the application and in the development of any revisions, changes, or amendments. The Act provides that no part of this paragraph shall be construed to restrict the responsibility and authority of the applicant for the development of the application and the execution of its community development program. Accordingly, the citizen participation requirements of this paragraph do not include concurrence by any person or group involved in the citizen participation process in making final determinations concerning the findings and contents of the application. The sole responsibility and authority to make such final determinations rests exclusively with the applicant.

(3) The applicant will comply with the relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and implementing regulations in 24 CFR Part 42.

(4) The applicant's certifying officer (i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such act apply pursuant to this part, and (ii) is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official.

(5) The applicant will comply with the requirements of Federal Management Circular 74-4, “Cost Principles Applicable to Grants and Contracts with State and Local Government,” and with the applicable requirements of Federal Management Circular 74-7 "Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments," as specified in these regulations.

(6) The applicant has met the requirements of OMB Circular No. A-95 and any comments or recommendations made by or through the clearinghouses are attached and were considered prior to submission of the application, or, no clearinghouse comments or recommendations have been received.

(7) The Community Development program has been developed so as to give maximum feasibile priority to activities which will benefit low- or moderate-in

re

come families or aid in the prevention or § 570,305 Program amendments. elimination of slums or blight. Where

(a) Mid-program year amendments. all or part of the community develop

An applicant shall submit an amended ment program activities are designed to

application to the HUD Area Office if meet other community development

the applicant's community development needs having a particular urgency, the

program is being revised so that more applicant may request a determination

than ten percent of the community deby the Secretary that the program ac

velopment budget, excluding unspecified tivities are so designed to meet such

local option activities, is to be used for needs as specifically described in the

new or different activities not included application.

in the approved community development (8) The applicant will administer and

program. An amendment shall also be enforce the labor standards requirements

submitted whenever the cumulative efset forth in $ 570.605 and HUD regula

fect of a number of smaller changes add tions issued to implement such require

up to an amount that exceeds ten perments.

cent of the budget, excluding unspecified (f) Performance report. Beginning

local option activities. The amendment with the application submitted in fiscal

submitted to HUD shall include only year 1976, and each fiscal year thereafter,

those elements of the application that the applicant shall submit an annual

are changed, except that the amendment performance report as described in

shall always include the certifications $ 570.906.

and assurances described in $ 570.303(e). & 570.304 Waiver of application

(b) Other program amendments. Proquirements.

gram amendments not requiring prior (a) Eligible applicants for waiver.

HUD approval pursuant to the preceding The Secretary may waive all or part of

paragraph may be undertaken by the the application requirements contained

applicant, provided all other requirein $ 570.303 (a) and (b) if the applicant

ments of this part are satisfied. Such meets the following criteria:

amendments shall be reported to HUD as

part of the annual performance report, (1) The applicant has a population of less than 25,000 according to the most

as described in $ 570.906, required with

the subsequent annual application. recent data compiled by the Bureau of

(c) Reprogramming unobligated funds. Census and is located: (i) Outside a standard metropolitan

Funds that will be unobligated at the

end of a program year may be reprostatistical area, or

grammed as a part of a subsequent year's

a (id) Inside such an area but not out

annual application for a grant so as to side an “urbanized area," as defined by

avoid subsequent program amendment. the Bureau of Census;

Such a reprogramming is not a require(2) The application relates to the first

ment inasmuch as an applicant may concommunity development activity to be

tinue to carry out activities included in carried out by such locality with assist

a prior year's application. ance under this part; and (3) The assistance requested is for a

§ 570.306 HUD review and approval of single development activity under this

application. Part of a type eligible for assistance (a) Acceptance of application. (1) under $ 570.200(a) (1) (iii); or neighbor- Upon receipt of an application, the HUD hood facilities, water and sewer facilities, Area Office will accept it for review, prohistoric properties, and parks, play- vided that: grounds, and similar recreational facili- (i) It has been received before the ties authorized pursuant to $ 570.200 close of business on the final date estab(a) (2).

lished by HUD for submission of appli(b) Secretarial determination. In de- cations for each fiscal year; termining that, having regard to the (ii) The application requirements nature of the activities to be carried out, specified in § 570.303 are complete, unless a waiver is not inconsistent with the specifically waived pursuant to $ 570.304; purpose of this part, the Secretary will (iii) The funds requested do not exapprove a waiver: Provided, That the ceed the entitlement amount; funds applied for

do not exceed (iv) The required certifications have $1,000,000.:

been properly executed; and

(v) The applicant has attached or en- in writing that the application has been closed any comments or recommenda- approved, partially approved, or disaptions made by or through State and area- proved. In the event the Secretary has wide clearinghouses or has stated that no not mailed a notification to the applicant comments or recommendations have within seventy-five days from the date of been received within the 45-day review acceptance of the application that it has period.

been disapproved, the application shall (2) If the application is accepted in be deemed to be approved. If the applicaaccordance with the preceding para- tion is disapproved, the applicant shall be graph, the date of acceptance of the ap- informed of the specific reasons for displication will be the date of receipt of approval. the application in the HUD field office, (d) Approval of less than full entitleand the applicant will be so notified in ment. The Secretary may adjust the enwriting. If the application is not ac- titlement amount to the extent identicepted for review, the applicant will be fied in an application submitted under so notified in writing, and will be advised this part designated for an activity or of the specific reasons for nonacceptance. activities that are not eligible under

(b) Scope of review. (1) The Secretary 8 570.200, and the deficiency has not been will normally base his review upon the corrected prior to the expiration of the applicant's certifications, statements of 75-day review period for the applicafacts and data and other programmatic tion. Funds not approved under the predecisions. The Secretary reserves the ceding sentence will be reallocated purright, however to consider substantial suant to 8 570.107. evidence which contradicts or challenges (e) Conditional approval. The Secrethe certifications, or significant facts and tary may make a conditional approval, data, in accordance with the review cri- in which case the full entitlement teria in this section and to require addi- amount will be approved but the utilizational information or assurances from tion of funds for affected activities will the applicant as warranted by such be restricted. Conditional approvals may evidence.

be made only where local environmental (2) Based on that review, the Secre- reviews under $ 570.604 have not yet been tary will approve the application unless : completed, where the requirements of

(i) On the basis of significant facts § 570.607 regarding the provision of puband data, generally available (whether lic services or flood or drainage facilities published data accessible to both the ap- have not yet been satisfied, or where the plicant and the Secretary, such as census provisions of 8 570.802 are exercised. data, or other data available to both the applicant and the Secretary, such as re

Subpart E-Applications and Criteria for cent local, areawide or State comprehen

Discretionary Grants sive planning data) and pertaining to

SOURCE: 40 FR 6952, Feb. 7, 1975, unless

otherwise noted. community and housing needs and objectives, the Secretary determines that $ 570.400 General. the applicant's description of such needs and objectives is plainly inconsistent

(a) Applicability of rules and regulawith such facts or data, or

tions. The policies and procedures set

forth in Subpart A, B, C, F, G, H, I, and (il) On the basis of the application, the Secretary determines that the activities

J of this part shall apply to this subpart

and to the funds described in § 570.104, to be undertaken are plainly inappropri

except to the extent that they are specifiate to meeting the needs and objectives

cally modified or augmented by the conidentified by the applicant, or

tents of this subpart, including specified (iii) The Secretary determines that

exemptions described herein. The HUD the application does not comply with

Environmental Review Procedures conthe requirements of this part or other tained in 24 CFR Part 58 also apply to applicable Federal laws, or proposes ac- this subpart, unless otherwise specifically tivities which are ineligible under this provided herein. part.

(b) Preapplications. Preapplications (c) Approval or disapproval of appli- will be accepted for metropolitan and cation. Within seventy-five days of the nonmetropolitan discretionary balances date of receipt of the application, or at described in $ 570.402. Applicants are such earlier time as review is completed, encouraged to submit preapplications the Secretary will notify the applicant but, because of the time constraints in

Fiscal Year 1975, a full application that (2) Scope of application. An applicawas not preceded by a preapplication will tion may include any number of eligible nevertheless be considered without activities up to the maximum dollar prejudice by HUD. The purpose of the amount established by the Secretary for preapplication is basically: (1) To deter- applications submitted under this submine how well the application compares part. An application may be for any with similar applications from other reasonable period of time necessary to jurisdictions, and (2) to discourage ap- complete the proposed activities. For plications which have little or no chance new activities to be carried out with a for Federal funding before applicants discretionary grant the applicant shall incur significant expenditures for pre- apply for discretionary funds in an paring an application.

amount which, along with any other re(i) Submission requirements. Preap- sources that may be available, will be plications shall be submitted on HUD adequate to complete the activities. forms to the appropriate HUD Area Of- While a recipient remains eligible for fice. The preapplication shall consist of discretionary grant funding in subsea brief description of the applicant's quent years, an applicant shall not ascommunity development needs, the ac- sume that additional funding will be tivities proposed to meet those needs, and available in subsequent years to conthe general location and estimated cost tinue or expand activities. An applicaof the proposed activities. The appli- tion may not, however, be only for plancant's statement shall address the specific ning purposes, as defined in 570.200(a) criteria under which it requests priority (12). consideration for funding under $ 570.- (3) Application submission dates. The 402(b).

Secretary will establish from time to time (ii) HUD review of preapplications. the earliest and latest dates for submisHUD will review preapplications based sion of applications for discretionary upon the appropriate criteria set forth grants for each fiscal year. For Fiscal in this subpart, to determine how well an Year 1975 the earliest and latest dates application is likely to compete with shall be as follows: other applications for the same dis- (i) General purpose funds for metrocretionary funds submitted by other politan and nonmetropolitan areasjurisdictions. Applicants will be ad- March 15, 1975 through May 15, 1975; vised of HUD's determinations and (ii) Urgent needs fund-January 1, judgments on the preapplication, and of 1975 through May 15, 1975; the availability of funds for that par- (iii) Secretary's fund: ticular fiscal year. Notwithstanding the (A) New communities--February 1, nature of such advice, any eligible appli- 1975 through May 15, 1975; cant may submit an application under (B) Areawide projects reserved; the provisions of this subpart.

(C) Guam, the Virgin Islands, Ameri(3) Preapplication submission dates. can Samoa, and the Trust Territory of The Secretary will establish from time the Pacific Islands-February 1, 1975 to time the earliest and latest dates for through May 15, 1975; submission of preapplications for each (D) Innovative projects February 1, fiscal year. For Fiscal Year 1975, the 1975 through April 20, 1975; earliest date for submission of a preap- (E) Federally recognized disastersplication shall be January 1, 1975; the January 1, 1975 through June 30, 1975; latest date shall be March 1, 1975.

and (c) Applications—(1) Submission re- (F) Inequities February 1, 1975 quirements. Applications shall be sub- through May 15, 1975. mitted on HUD forms to the appropriate (d) Meeting the Requirements of OMB HUD Area Office. Specific submission re- Circular No. A-95— (1) Preapplications. quirements are contained in the follow

Applicants must comply with the proceing sections of this subpart which de

dures set forth in OMB Circular No. A-95 scribe each discretionary fund. To the

which include the requirements of paramaximum extent possible, and with the prior concurrence of the Secretary, doc

graph 7, Part I, for submission of a preumentation submitted in support of an

application to the appropriate State and application previously submitted for areawide clearinghouses at the same time funding under this part will be accepted that it is submitted to HUD. Although and need not be résubmitted with an HUD has up to 45 days to respond to a application for a discretionary grant. preapplication, the Department expects to respond to all preapplications within under this subpart. Reimbursement for 20 days of the closing date for the receipt such costs will be dependent upon HUD of preapplications. Clearinghouse com- approval of such application. ments should be received by HUD within (f) Review of applications for discre15 days of receipt of a preapplication in tionary grants—(1) Acceptance of appliorder that HUD may respond promptly cation. HUD will accept an application to preapplications. This period may be in- for review, Provided, That: formally extended by mutual agreement (i) It has been received before the between HUD and a clearinghouse, pro- close of business on the final date estabvided it will not delay the HUD response. lished by HUD for submission of appliHowever, any comment by a clearing- cations for each fiscal year; house during the preapplication stage (ii) The application is complete, as rewill not be considered a substitute for re- quired in this subpart; view under the regular procedures of Part (iii) The required certifications have I to A-95 unless the clearinghouse so been properly executed; and indicates.

(iv) The applicant has attached or en(2) Final applications. For final ap- closed any comments or recommendaplications the Office of Management and tions made by or through state and areaBudget has granted for first year sub- wide clearinghouses or has stated that no missions only, an exception to the length comments or recommendations have been of review time. Under the exception, a received. preapplication submission in accordance (2) Timing of review. While the Secrewith the preceding subparagraph will tary is not required by the Act to review meet the normal A-95 requirement that and approve a discretionary grant appliapplicants notify clearinghouses of the cation within any specified time period, intent to apply for assistance and the the Secretary will make every effort to subsequent clearinghouse review of such complete his review of all such applicanotification. Therefore, for first year sub- tions within 75 days. missions only, final applications will be (3) Notification to applicants. The Secsubject only to the A-95 requirement that retary will notify the applicant in writing clearinghouses be provided 30 days for that the application has been approved, review of the completed final application. partially approved, or disapproved. If an Final applications submitted under this application is partially approved or dissubpart which have not been preceded approved, the applicant will be informed by a preapplication are subject to the re- of the specific reasons for partial apquirements of 570.300(c).

proval or disapproval. The Secretary may (3) Indian tribes. Applications from make conditional approvals, as provided federally recognized Indian tribes are not in $ 570.306(e). subject to the regular A-95 requirements. (g) Program amendments. Recipients However, Indian tribes may voluntarily shall request prior HUD approval for proparticipate in the A-95 Project Notifica- gram amendments wherever the amendtion and Review System and are en- ment results from changes in the scope couraged to do so. HUD will notify the or the objective of the approved program. appropriate State and areawide clearing- (h) Performance Report. Except for houses of any applications from federally new communities and innovative projrecognized Indian tribes upon their ects, each recipient shall, upon complereceipt.

tion of the activities carried out vrith the (e) Advances of funds. Applicants are discretionary grant, or upon submission not authorized to recei:e an advance of of a subsequent discretionary grant apfunds from discretionary grants, as

plication, whichever is earlier, submit a described in $ 570.302, except for Guam

performance report as described in and the Virgin Islands which may re

$ 570.906(b), and shall meet the requireceive an advance of funds in an amount

ments of $ 570.906(c) concerning notice

of the availability of the report for exnot to exceed ten percent of their hold

amination by the public. harmless amounts. In response to a request by a unit of general local govern

8 570.401 Urgent needs fund. ment, the Secretary may, however, in (a) Eligible applicants. Eligible applicases of demonstrated need, issue a letter cants are States, and units of general to proceed authorizing an applicant to local government as defined in § 570.3(v). incur costs for the planning and prepara- For the purpose of this section, the section of an application for funds available ond sentence in $ 570.3(v) includes those

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