Review of continuing capacity to carry out CDBG funded activities in a timely manner. (2) In any case where the cost per job to be created or retained (as determined under paragraph (b)(4)(vi)(F)(1) of this section) is $10,000 or more, the requirement must be met by aggregating the jobs created or retained as a result of the public facility or improvement by all businesses in the service area of the facility/improvement. (c) In exercising the Secretary's obligation and responsibility to review a state's performance, the Secretary will give maximum feasible deference to the state's interpretation of the statutory requirements and the requirements of this regulation, provided that these interpretations are not plainly inconsistent with the Act and the Secretary's obligation to enforce compliance with the intent of the Congress as declared in the Act. (a) The Architectural Barriers Act of 1968 (42 U.S.C. (10) For each activity determined to aid in the prevention or elimination of slums or blight based on the elimination of specific conditions of blight or physical decay not located in a slum or blighted area: (i) A description of the specific condition of blight or physical decay treated; and. 1701U) relative to the hiring and training of low and moderate income persons and the use of local businesses. Wherever data are used in this subpart for selecting applicants for assistance or for determining grant amounts, the source of such data shall be the most recent information available from the U.S. Bureau of the Census which is referable to the same point or period of time. The grantee shall comply with the requirements of 24 CFR part 42, subpart B. Such an area need not be coterminous with census tracts or other officially recognized boundaries but must be the entire area served by the activity. (This would include, for example, situations where the business requests a change in the amount or terms of assistance being provided, or an extension to the loan payment period required in the contract.) HUD will consider the recipient's capacity as described in 570.905 prior to selecting the corrective or remedial actions. Assistance to a business that purchases business equipment, inventory, or other physical assets in an arms-length transaction, including the assets of an existing business, provided that the purchase does not result in the relocation of the sellers' business operation (including customer base or list, goodwill, product lines, or trade names) from one LMA to another LMA and does not produce a significant loss of jobs in the LMA from which the relocation occurs. (2) In the absence of independent evidence which tends to challenge in a substantial manner the certifications made by the applicant, the required certifications will be accepted by HUD. Activities meeting the requirements of paragraph (d)(6)(i) of this section may also be considered to qualify under paragraph (a)(1) of this section. (iii) Providing general support, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services, to owners of microenterprises and persons developing microenterprises. Grants are made to recipients to cover the costs of assistance provided to eligible students in the form of student stipends, tuition support, and additional support. Displacement, relocation, acquisition, and replacement of housing. Community Development Block Grant Program - HUD.gov (b) Equal employment opportunity reports. So far as the orderly conduct of the hearing permits, interested persons other than the parties may appear and participate in the hearing. (iii) Is a Community Housing Development Organization (CHDO) under 24 CFR 92.2, designated as a CHDO by the HOME Investment Partnerships program participating jurisdiction, with a geographic area of operation of no more than one neighborhood, and has received HOME funds under 24 CFR 92.300 or is expected to receive HOME funds as described in and documented in accordance with 24 CFR 92.300(e). (c) Activities which aid in the prevention or elimination of slums or blight. Should Congress choose to adjust the CDBG program, members might consider the following three questions. (g) Student eligibility and responsibilities. Amounts of CDBG funds used to pay administrative expenses in excess of $100,000 shall not, subject to paragraph (a)(1)(iii) of this section, exceed the sum of 3 percent of the State's annual grant; 3 percent of program income received by units of general local government during each program year, regardless of the origin year in which the State grant funds that generate the program income were appropriated (whether retained by units of general local government or paid to the State); and 3 percent of funds reallocated by HUD to the State. The agreement shall provide for reimbursement to the recipient of any assistance provided to, or expended on behalf of, the business in the event that assistance results in a relocation prohibited under this section. (1) Prohibition. (b) Reimbursement of pre-agreement costs. (g) States shall make CDBG program grants only to units of general local government. State shall have the meaning provided in section 102(a)(2) of the Act. Of that $5 billion, $2 billion was authorized for the conventional CDBG program, with an additional $1 billion directed to states and insular areas outside the traditional formula, and $2 billion to states and local governments at the HUD Secretarys discretion. (1) Applicability. Grant assistance provided under this part may be terminated for convenience in whole or in part before the completion of the assisted activities, in accordance with the provisions of 2 CFR 200.339. (1) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.317 and 200.318 shall apply. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. Review to determine if the recipient is meeting its consolidated plan responsibilities. (5) Amendments. See 570.420(d)(3) for additional discussion of the primary objective requirement for insular areas funded under section 106 of the Act. (3) The recipient's rehabilitation program administrative costs and the administrative costs of the financial institution may not be funded through lump sum drawdown. If the student does not obtain such employment, the student is not required to repay the assistance received. Once a recipient has been selected for a multi-year award, that recipient would not be required to compete in a competition for the subsequent funding years covered by the multi-year funding commitment. (iii) Flood insurance premiums for properties covered by the Flood Disaster Protection Act of 1973, pursuant to 570.605. (c) Approval of grant. The Department's criteria for review and selection of solicited bids/proposals for procurement contracts will be described in its public announcement of the availability of an Invitation for Bids (IFB) or a Request for Proposals (RFP). If a student's participation terminates, the student may not be replaced; the grant will be reduced by the amount of unused funds allotted for that student. III. 48214846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. The Secretary will not determine that a state has failed to carry out its certifications in compliance with requirements of the Act (and this regulation) unless the Secretary finds that procedures and requirements adopted by the state are insufficient to afford reasonable assurance that activities undertaken by units of general local government were not plainly inappropriate to meeting the primary objectives of the Act, this regulation, and the state's community development objectives. The agreement shall be prepared by the HUD field office in consultation with the recipient. Household means all persons occupying a housing unit. (4) Other provisions appropriate to any special circumstances of the grant closeout, in modification of or in addition to the obligations in paragraphs (c)(1) through (4) of this section. Methods of procurement (e.g., small purchase, sealed bids/formal advertising, competitive proposals, and noncompetitive proposals) and their applicability shall be specified by the State. Eligibility restrictions for certain resident aliens. The Secretary shall determine eligibility and applicable portions of each eligible county for purposes of fund allocation under section 106 of the Act on the basis of information available from the U.S. Bureau of the Census with respect to population and other pertinent demographic characteristics, and based on information provided by the county and its included units of general local government. (iv) Funds from a grant of any origin year may be used to pay planning and program administrative costs associated with any grant of any origin year. The terms Affirmatively Furthering Fair Housing, HUD, and Secretary are defined in 24 CFR part 5. (iii) Nonentitlement public entities eligible under subpart F of this part. (v) The public entity will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. Work placement agencies may provide flexibility in the work period, if such a schedule is consistent with the requirements of the student's academic program. (3) Form of award. (C) Contains within its boundaries no incorporated places as defined by the United States Bureau of the Census that have not entered into cooperation agreements with the town or township for a period covering at least 3 years to undertake or assist in the undertaking of essential community development and housing assistance activities. The fees are payable from the grant allocated to the issuer pursuant to the Act (including program income derived therefrom) or from other sources, but are only payable from guaranteed loan funds if the fee is deducted from the disbursement of guaranteed loan funds. 3. For a recipient with an agreement specifying two years to undertake activities, the disbursement of 25 percent of the fund (deposit plus any interest earned) within 180 days will be regarded as meeting this requirement. Equity participation whether or not the degree of equity participation is reasonable given general industry standards for rates of return on equity for similar projects with similar risks and given the financial capacity of the entrepreneur(s) to make additional financial investments. (D) Be of such nature and be in such location that it may be concluded that the activity's clientele will primarily be low and moderate income persons. (i) Administrative costs are those described at 570.489(a)(1) for States and, for units of general local government, are those described at sections 105(a)(12) and (a)(13) of the Act. The eCFR is displayed with paragraphs split and indented to follow However, HSI-WSP can substitute for all or part of the Pell grant. Community building academic program or academic program excludes joint degree programs except where both joint degree fields have the purpose and focus of educating students in community building. If any other federal law or laws are enacted after March 11, 2009, the effect of which with respect to loan guarantee authority provided in an appropriations act is equivalent to the effect of section 222 with respect to the loan guarantee authority provided in the 2009 Appropriations Act, the additional requirements and alternative application procedures in this section shall also apply to guarantees of debt obligations under section 108 of the act, pursuant to the additional authority provided in such other federal law or laws. These standards are applicable to activities that are eligible for CDBG assistance under section 105(a)(17) of the Act, economic development activities eligible under section 105(a)(14) of the Act, and activities that are part of a community economic development project eligible under section 105(a)(15) of the Act. Institutions of higher education offering a community building academic program are eligible for assistance under CDWSP. (2) Where the assisted activity is relocation assistance that the recipient is required to provide, such relocation assistance shall be considered to address the same national objective as is addressed by the displacing activity. HUD distributes funds to each State based on a statutory formula which takes into account population, poverty, incidence of overcrowded housing, and age of housing. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in 570.513.). The state must establish definitions of the conditions listed at 570.483(c)(1)(ii)(A) and maintain records to substantiate how the area met the slums or blighted criteria. Sections 570.307 and 570.308 of this subpart do not apply to the Hawaii non-entitlement grantees. These grantees may not receive funding under a subsequent NOFA if it has the same program objectives as the one under which the grantee previously received funding. Applicants must submit to the HUD Area Office and to Central Office all revisions to the application. Eligible planning, urban environmental design and policy-planning-management-capacity building activities. Provision of assistance by the recipient to institutions of higher education when the grantee determines that such an institution has demonstrated a capacity to carry out eligible activities under this subpart C. [53 FR 34439, Sept. 6, 1988, as amended at 53 FR 31239, Aug. 17, 1988; 55 FR 29308, July 18, 1990; 57 FR 27119, June 17, 1992; 60 FR 1943, Jan. 5, 1995; 60 FR 56911, Nov. 9, 1995; 61 FR 18674, Apr. Upon written request by the State, an exception to the provisions of paragraph (h)(2) of this section involving an employee, agent, consultant, officer, or elected official or appointed official of the State may be granted by HUD on a case-by-case basis. The State must keep records demonstrating the actual amount of CDBG funds from each grant received that was used for State administrative expenses, as well as matching amounts that were contributed by the State. Any obligations remaining as of the date of the closeout shall be covered by the terms of a closeout agreement. However, nothing in this section shall preclude the Department from awarding a procurement contract in any other case when it is determined to be in the Department's best interests. Under this approach, the State will identify, for each grant it has received, the CDBG funds eligible to be used for State administrative expenses, as well as the minimum amount of matching funds that the State is required to contribute. (a) Limitations. (1) Grant agreement. To determine if there is a reasonable chance for the project's success, the recipient should evaluate the financial viability of the project. (a) Applications by States. 53 FR 34466, Sept. 6, 1988, unless otherwise noted. An applicant that proposes any housing activities as part of its application will be required to submit a certification that these activities are consistent with the Consolidated Plan of the jurisdiction to be served. Hispanic-serving institution is an institution of higher education that certifies to the satisfaction of the Secretary that it meets the criteria set out at 20 U.S.C. (6) Pending approval of site and neighborhood standards for proposed housing projects. Payment of reasonable program administrative costs and carrying charges related to the planning and execution of community development activities assisted in whole or in part with funds provided under this part and, where applicable, housing activities (described in paragraph (g) of this section) covered in the recipient's housing assistance plan. (4) To carry out a project means that the CBDO undertakes the funded activities directly or through contract with an entity other than the grantee, or through the provision of financial assistance for activities in which it retains a direct and controlling involvement and responsibilities. (2) The grantee's performance does not meet the performance requirements or criteria prescribed in subpart O and the grant amount is reduced. An application may be submitted individually or jointly by eligible applicants. HUD requires applicants to ensure that at least 75 percent of whatever permanent jobs initially result from the project are provided to low- and moderate-income persons and that at least 51 percent of whatever permanent jobs initially result from the project are provided to low- and moderate-income residents from the pocket. The recipient must adhere to the following nondiscrimination provisions: The requirements of title VIII of the Civil Rights Act of 1968, 42 U.S.C. The Notice will also indicate which program policy factors will be used, the impact of those factors on the selection process, the justification for their use and, if appropriate, the relative priority of each program policy factor. (B) Where CDBG funds are used to pay for the staff and overhead costs of an entity specified in section 105(a)(15) of the Act making loans to businesses exclusively from non-CDBG funds, this requirement may be met by aggregating the jobs created by all of the businesses receiving loans during any one-year period. A copy of the decision shall be furnished to the parties immediately by first class mail and shall include a notice that any requests for review by the Secretary must be made in writing to the Secretary within 30 days of the receipt of the decision. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (A) The strength and clarity of the applicant's plan for placing CDWSP students on rotating work placement assignments and monitoring CDWSP students' progress both academically and in their work placement assignments; (B) The degree to which the individual who will coordinate and administer the program has clear responsibility, ample available time, and sufficient authority to do so; and. (c) Eligible applicants. (1) For each eligible unit of general local government, a formula grant amount will be determined which bears the same ratio to the total amount available for the nonentitlement area of the State as the weighted average of the ratios between: (i) The population of that eligible unit of general local government and the population of all eligible units of general local government in the nonentitlement areas of the State; (ii) The extent of poverty in that eligible unit of general local government and the extent of poverty in all the eligible units of general local government in the nonentitlement areas of the State; and. Prohibition on use of assistance for employment relocation activities. Pressing enter in the search box (b) Conflicts prohibited. Be inspired by other grantees through project profiles and the multimedia scrapbook. Funds collected through such special assessments are not program income. (G) Keep records and make such reports as HUD may require. The urban county shall be the grant recipient. At the conclusion of the hearing, the ALJ shall give the parties a reasonable opportunity to submit proposed findings and conclusions and supporting reasons therefor.