1、296 24 CFR Ch. V (4110 Edition) 590.31 (5) Litigation history. (c) LUHAs shall supply data and make available records necessary for HUDs monitoring of the LUHAs local urban homesteading program. 54 FR 23937, June 2, 1989, as amended at 61 FR 7063, Feb. 23, 1996 590.31 Corrective and remedial ac-tion
2、. When HUD determines on the basis of its review that the LUHAs perform-ance does not meet the standards speci-fied in 590.29(a), HUD shall take one or more of the following corrective or re-medial actions, as appropriate in the circumstances: (a) Issue a letter of warning that ad-vises the LUHA of
3、the deficiency and puts it on notice that HUD will take more serious corrective and remedial action if the LUHA does not correct the deficiency, or if it is repeated; (b) Advise the LUHA to suspend, dis-continue or not incur costs for identi-fied defective aspects of the local pro-gram; (c) Reserved
4、 (d) In cases of continued substantial noncompliance, terminate the urban homesteading program participation agreement, close out the program and advise the LUHA of the reasons for such action; or (e) Where HUD determines that a LUHA has, contrary to its obligations under 590.7(b), converted a prope
5、rty received under this part to its own use, failed to adequately preserve and pro-tect the property, failed to timely se-cure a homesteader for the property, or received excessive consideration for conveyance of the property, HUD may direct the LUHA to repay to HUD ei-ther the amount of compensatio
6、n HUD finds that the LUHA has received for the property or the amount of section 810 funds expended for the property, as HUD determines appropriate. 54 FR 23937, June 2, 1989, as amended at 61 FR 7063, Feb. 23, 1996 PART 594JOHN HEINZ NEIGH-BORHOOD DEVELOPMENT PRO-GRAM Subpart AGeneral Sec. 594.1 Ap
7、plicability and purpose. 594.3 Definitions. Subpart BEligibility 594.5 Eligible applicants. 594.7 Other threshold requirements. 594.10 Eligible activities. Subpart CFunding Allocation and Criteria 594.15 Allocation amounts. 594.17 General criteria for competitive se-lection. Subpart DAward and Use o
8、f Grant Amounts 594.20 Submission procedures. 594.23 Approval and certification proce-dures. 594.25 Project administration. 594.28 Environmental reviews. 594.30 Equal opportunity and other Federal requirements. AUTHORITY: 42 U.S.C. 3535(d) and 5318a. SOURCE: 60 FR 16359, Mar. 29, 1995, unless otherw
9、ise noted. Subpart AGeneral 594.1 Applicability and purpose. (a) General. This part establishes as a permanent program the John Heinz Neighborhood Development Program, as authorized by section 832 of the Housing and Community Development Act of 1992. Previously, the program had been administered by
10、the Depart-ment as a demonstration program under section 123 of the Housing and Urban-Rural Recovery Act of 1983 (42 U.S.C. 5318 note). (b) Purpose. The program is intended to assist communities to become more viable, by providing incentive funds to carry out neighborhood development activities that
11、 benefit low- and mod-erate-income families. The program ob-jectives are to increase the capacity of neighborhood organizations, promote long-term financial support for their neighborhood projects, and encourage greater participation of neighborhood VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 0
12、0000 Frm 00306 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-297 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 594.5 organizations with private and public instit
13、utions. 594.3 Definitions. Empowerment zone means an area des-ignated by HUD as an Empowerment Zone under 26 U.S.C. 13911393. Enterprise community means an area designated by HUD as an Enterprise Community under 26 U.S.C. 13911393. Grantee means an eligible neighbor-hood organization that executes a
14、 grant agreement with HUD under this part. Low- and moderate-income persons means families and individuals whose incomes do not exceed 80 percent of the median income for the area, as deter-mined by the Secretary of HUD in ac-cordance with 42 U.S.C. 5302(a)(20). Neighborhood development funding or-g
15、anization means: (1) A depository institution, the ac-counts of which are insured pursuant to the Federal Deposit Insurance Act, 12 U.S.C. 1811 et seq., or the Federal Credit Union Act, 12 U.S.C. 1751 et seq., and any subsidiary (as such term is de-fined in 12 U.S.C. 1813(w) thereof; (2) A depositor
16、y institution holding company and any subsidiary (as such term is defined in 12 U.S.C. 1813(w) thereof; or (3) A company at least 75 percent of the common stock of which is owned by one or more insured depository in-stitutions or depository institution holding companies. Neighborhood development org
17、anization means the same as the term is defined in 594.5. Rural neighborhoods. In small cities with under 10,000 in population and in rural areas, a neighborhood area can be the same unit as the unit of general local government. Unit of general local government means a city, town, township, county,
18、parish, village, or other general purpose polit-ical subdivision of a State; an urban county; the Federated States of Micro-nesia; the Marshall Islands; or a gen-eral purpose political subdivision thereof. 60 FR 16359, Mar. 29, 1995, as amended at 61 FR 5211, Feb. 9, 1996 Subpart BEligibility 594.5
19、Eligible applicants. (a) General requirements. To be eligi-ble under this program, a neighborhood development organization must be lo-cated within the neighborhood for which assistance is to be provided. It cannot be a city-wide consortium, or, in general, an organization serving a large area of the
20、 city. The applicant must meet all of the following require-ments: (1) The organization must be incor-porated as a private, voluntary, non-profit corporation under the laws of the State in which it operates; (2) The organization must be respon-sible through a governing body to the residents of the n
21、eighborhood it serves, and not less than 51 percent of the members of the governing body must be residents of the neighborhood; (3) The organization must have con-ducted business for at least one year; (4) The organization must operate within an area that meets at least one of the following criteria
22、: (i) The area meets the requirements for Federal assistance under section 119 of the Housing and Community Devel-opment Act of 1974, 42 U.S.C. 5318; (ii) The area is designated as an En-terprise Community or Empowerment Zone under Federal law as enacted; (iii) The area is designated as an en-terpri
23、se zone under State law and is recognized by the Secretary as a State enterprise zone for purposes of this part; or (iv) The area is a qualified distressed community within the meaning of sec-tion 233(b)(1) of the Bank Enterprise Act of 1991, 12 U.S.C. 1834a(b)(1); and (5) The organization must have
24、 con-ducted one or more eligible neighbor-hood development activities that pri-marily benefit low- and moderate-in-come persons. (b) Special eligibility. Any facility that provides small entrepreneurial busi-ness with affordable shared support services and business development services and that meet
25、s the require-ments of paragraph (a) of this section may also be eligible to participate in this program. VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or
26、 networking permitted without license from IHS-,-,-298 24 CFR Ch. V (4110 Edition) 594.7 594.7 Other threshold requirements. In addition, an applicant must meet the following threshold requirements: (a) Specify a management business plan for accomplishing one or more of the eligible activities speci
27、fied in 594.10; (b) Specify a strategy for achieving greater long-term private sector sup-port, especially in cooperation with a neighborhood development funding or-ganization; and (c) Specify a strategy for increasing the capacity of the applicant. 594.10 Eligible activities. Eligible activities in
28、clude, but are not limited to, the following: (a) Developing economic development activities that include: (1) Creating permanent jobs in the neighborhood; or (2) Establishing or expanding busi-nesses within the neighborhood; (b) Developing new housing, rehabili-tating existing housing, or managing
29、housing stock within the neighbor-hood; (c) Developing delivery mechanisms for essential services that have lasting benefits to the neighborhood; and (d) Planning, promoting, or financing voluntary neighborhood improvement efforts. Subpart CFunding Allocation and Criteria 594.15 Allocation amounts.
30、(a) Amounts and match requirement. HUD will make grants, in the form of matching funds, to eligible neighbor-hood development organizations. HUD reserves the right to make grants for less than the maximum amount estab-lished by statute, and to limit the number of times a previous grantee can receive
31、 funding. A Federal matching ratio will be established for each grant-ee in accordance with the statutory re-quirement that the highest ratios be established for neighborhoods having the greatest degree of economic dis-tress or the smallest number of house-holds. (b) Administrative costs. The Secret
32、ary may use no more than 5 percent of the funds appropriated for the program for administrative or other expenses in connection with the program. 594.17 General criteria for competi-tive selection. (a) Criteria. HUD will use the fol-lowing general criteria for selecting and ranking applications for
33、all com-petitions for John Heinz Neighborhood Development Program funds. The rel-ative values for the criteria will be in-dicated in each NOFA: (1) The degree of economic distress and the benefit to low- and moderate- income residents of the neighborhood; (2) The past performance in carrying out eli
34、gible activities, and staff capa-bility; (3) The quality of the Management/ Business Plan; (4) The evidence of coordination and resident participation; and (5) The quality of the strategy to in-crease the capacity of the organization and the strategy developed for meeting long-term financial needs.
35、(b) Geographic diversity. The Depart-ment also reserves the right to fund ap-plicants in other than rank order, for the purpose of achieving geographic balance. Subpart DAward and Use of Grant Amounts 594.20 Submission procedures. (a) Use of NOFAs. The Department will publish a Notice of Funding Ava
36、il-ability (NOFA) in the FEDERAL REG-ISTER for each funding competition under this program, indicating the ob-jective of the competition; the amount of funding available; the application procedures, including the eligible ap-plicants and activities to be funded; and any special conditions applicable
37、 to the competition, including the re-quirements for the match. The NOFA also will describe the maximum points to be awarded under each evaluation criterion, for the purpose of ranking applications, and any special factors to be considered in assigning the points to each criterion. VerDate Nov2008 0
38、7:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-299 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD Pt. 597 (b) Appli
39、cations shall be submitted in accordance with the time, place, and content described in the NOFA. (Approved by the Office of Management and Budget under control number 25350084) 594.23 Approval and certification procedures. (a) Approval of application. HUDs ac-ceptance of an application for review d
40、oes not imply a commitment to pro-vide funding. HUD will provide notifi-cation of whether a project will be funded in accordance with the criteria and procedures set out in the applica-ble NOFA. (b) Certifications. In the absence of independent evidence that tends to challenge in a substantial manne
41、r the certifications made by the applicant pursuant to 594.30, the required cer-tifications will be accepted by HUD. However, if independent evidence is available that tends to challenge in a substantial manner an applicants cer-tification, HUD may require further in-formation or assurances to be su
42、b-mitted in order to determine whether the applicants certification is satisfac-tory. 594.25 Project administration. Project administration will be gov-erned by the terms of the grant agree-ment. 594.28 Environmental reviews. (a) For all proposed actions or activi-ties that are not considered catego
43、ri-cally excluded under 24 CFR 50.20, HUD will perform the appropriate environ-mental reviews under the National En-vironmental Policy Act (NEPA). (b) Whether the action or activity is categorically excluded from NEPA re-view or not, HUD will comply also with other applicable requirements of envi-ro
44、nmental statutes, Executive Orders, and HUD standards listed in 24 CFR 50.4. The environmental reviews will be performed before award of a grant. Grantees shall adhere to all assurances applicable to environmental concerns as contained in the RFGA and grant agreements. 594.30 Equal opportunity and o
45、ther Federal requirements. Each participating neighborhood de-velopment organization must certify that it will carry out activities as-sisted under the program in compliance with the nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5 and: (a) The requirements at 24 CFR p
46、art 200, subpart M; (b) The prohibitions against discrimi-nation and related requirements of sec-tion 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 5309); (c) The requirements of the Ameri-cans with Disabilities Act (42 U.S.C. 1218112189) and implementing regula-tions at 28 CFR
47、 part 36, as applicable; (d) The Consolidated Plan of the ap-propriate unit of general local govern-ment; and (e) Other Federal requirements as specified in the applicable NOFA and application kit. 60 FR 16359, Mar. 29, 1995, as amended at 61 FR 5211, Feb. 9, 1996 PART 597URBAN EMPOWERMENT ZONES AND
48、 ENTERPRISE COM-MUNITIES: ROUND ONE DES-IGNATIONS Subpart AGeneral Provisions Sec. 597.1 Applicability and scope. 597.2 Objective and purpose. 597.3 Definitions. 597.4 Secretarial review and designation. Subpart BArea Requirements 597.100 Eligibility requirements and data usage. 597.101 Data utilize
49、d for eligibility deter-minations. 597.102 Tests of pervasive poverty, unem-ployment and general distress. 597.103 Poverty rate. Subpart CNomination Procedure 597.200 Nominations by State and local gov-ernments. 597.201 Evaluating the strategic plan. 597.202 Submission of nominations for des-ignation. VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DS
