1、299 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD Pt. 597 (b) Applications 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)
2、Approval of application. HUDs ac-ceptance of an application for review does 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 absenc
3、e of independent evidence that tends to challenge in a substantial manner 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
4、-tification, HUD may require further in-formation or assurances to be sub-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
5、) For all proposed actions or activi-ties that are not considered categori-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
6、 not, HUD will comply also with other applicable requirements of envi-ronmental 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 co
7、ntained in the RFGA and grant agreements. 594.30 Equal opportunity and other 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 requi
8、rements set forth in 24 CFR part 5 and: (a) The requirements at 24 CFR part 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 Disabil
9、ities Act (42 U.S.C. 1218112189) and implementing regula-tions at 28 CFR 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
10、 amended at 61 FR 5211, Feb. 9, 1996 PART 597URBAN EMPOWERMENT ZONES AND 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 Requiremen
11、ts 597.100 Eligibility requirements and data usage. 597.101 Data utilized 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 Evaluati
12、ng 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 DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without l
13、icense from IHS-,-,-300 24 CFR Ch. V (4110 Edition) 597.1 Subpart DDesignation Process 597.300 HUD action and review of nomina-tions for designation. 597.301 Selection factors for designation of nominated urban areas. Subpart EPost-Designation Requirements 597.400 Reporting. 597.401 Periodic perform
14、ance reviews. 597.402 Validation of designation. 597.403 Revocation of designation. Subpart FSpecial Rules 597.500 Indian Reservations. 597.501 Governments. 597.502 Nominations by economic develop-ment corporations or the District of Co-lumbia. 597.503 Use of census data. AUTHORITY: 26 U.S.C. 1391;
15、42 U.S.C. 3535(d). SOURCE: 60 FR 3038, Jan. 12, 1995, unless otherwise noted. Subpart AGeneral Provisions 597.1 Applicability and scope. (a) This part establishes policies and procedures applicable to urban Em-powerment Zones and Enterprise Com-munities, authorized under subchapter U of the Internal
16、 Revenue Code of 1986, as amended, relating to the designation and treatment of Empowerment Zones, Enterprise Communities and Rural De-velopment Investment Areas. (b) This part contains provisions re-lating to area requirements, the nomi-nation process for urban Empowerment Zones and urban Enterpris
17、e Commu-nities, and the designation and admin-istration of these Zones and Commu-nities by HUD. Provisions dealing with the nomination and designation of rural Empowerment Zones and Enter-prise Communities will be promulgated by the Department of Agriculture. HUD and the Department of Agri-culture w
18、ill consult in all cases in which nominated areas possess both urban and rural characteristics, and will utilize a flexible approach in deter-mining the appropriate designation. 597.2 Objective and purpose. The purpose of this part is to provide for the establishment of Empowerment Zones and Enterpr
19、ise Communities in urban areas, to stimulate the creation of new jobs, particularly for the dis-advantaged and long-term unemployed, and to promote revitalization of eco-nomically distressed areas. 597.3 Definitions. The terms HUD and Secretary are de-fined in 24 CFR part 5. Designation means the pr
20、ocess by which the Secretary designates urban areas as Empowerment Zones or Enter-prise Communities eligible for tax in-centives and credits established by sub-chapter U of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1391 et seq.) and for special consideration for programs of Federal as
21、sistance. Empowerment Zone means an urban area so designated by the Secretary pursuant to this part. Enterprise Community means an urban area so designated by the Secretary pursuant to this part. Local government means any county, city, town, township, parish, village, or other general purpose polit
22、ical subdivi-sion of a State, and any combination of these political subdivisions which is recognized by the Secretary. Nominated area means an area nomi-nated by one or more local govern-ments and the State or States in which it is located for designation pursuant to this part. Population census tr
23、act means a cen-sus tract, or, if census tracts are not defined for the area, a block numbering area. Poverty means the number of persons listed as being in poverty in the 1990 Decennial Census. Revocation of designation means the process by which the Secretary may re-voke the designation of an urba
24、n area as an Empowerment Zone or Enterprise Community pursuant to 597.403. State means any State of the United States. Strategic plan means a strategy devel-oped and agreed to by the nominating local government(s) and State(s), which have provided certifications of their authority to adopt such a st
25、rat-egy in their application for nomina-tion, in consultation and cooperation with the residents of the nominated are, pursuant to the provisions of VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProv
26、ided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-301 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 597.102 597.200(c). The plan must include writ-ten commitments from the local gov-ernment(s) and State(s) that they will adhere to that strategy. Urban
27、 area means: (1) Any area that lies inside a Metro-politan Area (MA), as designated by the Office of Management and Budget; or (2) Any area outside an MA if the ju-risdiction of the nominating local gov-ernment has a population of 20,000 or more, or documents the urban char-acter of the area. 60 FR
28、3038, Jan. 12, 1995, as amended at 61 FR 5211, Feb. 9, 1996; 63 FR 10715, Mar. 4, 1998 597.4 Secretarial review and designa-tion. (a) Designation. The Secretary will re-view applications for the designation of nominated urban areas to determine the effectiveness of the strategic plans submitted by n
29、ominating State and local government(s) in accordance with 597.200(c). (b) Period of designation. The designa-tion of an urban area as an Empower-ment Zone or Enterprise Community shall remain in full effect during the period beginning on the date of des-ignation and ending on the earliest of: (1) T
30、he close of the tenth calendar year beginning on or after the date of designation; (2) The termination date designated by the State and local governments in their application for nomination; or (3) The date the Secretary modifies or revokes the designation, in accord-ance with 597.402 or 597.403. 60
31、 FR 3038, Jan. 12, 1995, as amended at 63 FR 10715, Mar. 4, 1998 Subpart BArea Requirements 597.100 Eligibility requirements and data usage. A nominated urban area may be eli-gible for designation pursuant to this part only if the area: (a) Has a maximum population which is the lesser of: (1) 200,00
32、0; or (2) The greater of 50,000 or ten per-cent of the population of the most pop-ulous city located within the nomi-nated area; (b) Is one of pervasive poverty, unem-ployment and general distress, as de-scribed in 597.102; (c) Does not exceed twenty square miles in total land area; (d) Has a contin
33、uous boundary, or consists of not more than three non-contiguous parcels; (e) Is located entirely within the ju-risdiction of the unit or units of gen-eral local government making the nomination, and is located in no more than two contiguous States; and (f) Does not include any portion of a central
34、business district, as this term is used in the most recent Census of Retail Trade, unless the poverty rate for each population census tract in the district is not less than 35 percent for an Empowerment Zone and 30 percent for an Enterprise Community. 597.101 Data utilized for eligibility determinat
35、ions. (a) Source of data. The data to be em-ployed in determining eligibility pur-suant to the criteria set forth at 597.102 shall be based upon the 1990 De-cennial Census, and from information published by the Bureau of the Census and the Bureau of Labor Statistics. The data shall be comparable as
36、to point or period of time and method-ology employed. Specific information on appropriate data to be submitted will be provided in the application. (b) Use of statistics on boundaries. The boundary of an urban area nominated for designation as an Empowerment Zone or Enterprise Community must coincid
37、e with the boundaries of census tracts, or, where tracts are not defined, with block numbering areas. 597.102 Tests of pervasive poverty, unemployment and general dis-tress. (a) Pervasive poverty. Pervasive pov-erty shall be demonstrated by the nominating entities by providing evi-dence that: (1) Po
38、verty is widespread throughout the nominated area; or (2) Poverty has become entrenched or intractable over time (through com-parison of 1980 and 1990 census data or other relevant evidence); or VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 2200
39、79WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-302 24 CFR Ch. V (4110 Edition) 597.103 (3) That no portion of the nominated area contains any component areas of an affluent character. (b) Unemployment. Unemp
40、loyment shall be demonstrated by: (1) Data indicating that the weighted average rate of unemployment for the nominated area is not less than the na-tional average rate of unemployment; or (2) Evidence of especially severe eco-nomic conditions, such as military base or plant closings or other condi-t
41、ions which have brought about signifi-cant job dislocation within the nomi-nated area. (c) General distress. General distress shall be evidenced by describing ad-verse conditions within the nominated urban area other than those of perva-sive poverty and unemployment. A high incidence of crime, narco
42、tics use, homelessness, abandoned housing, and deteriorated infrastructure or substan-tial population decline, are examples of appropriate indicators of general dis-tress. 597.103 Poverty rate. (a) General. The poverty rate shall be established in accordance with the fol-lowing criteria: (1) In each
43、 census tract within a nominated urban area, the poverty rate shall be not less than 20 percent; (2) For at least 90 percent of the pop-ulation census tracts within the nomi-nated urban area, the poverty rate shall not be less than 25 percent; and (3) For at least 50 percent of the pop-ulation censu
44、s tracts within the nomi-nated urban area, the poverty rate shall be not less than 35 percent. (b) Special rules relating to the deter-mination of poverty rate(1) Census tracts with no population. Census tracts with no population shall be treated as having a poverty rate which meets the standards of
45、 paragraphs (a)(1) and (2) of this section, but shall be treated as having a zero poverty rate for purposes of applying paragraph (a)(3) of this sec-tion. (2) Census tracts with populations of less than 2,000. A population census tract which has a population of less than 2,000 shall be treated as ha
46、ving a poverty rate which meets the require-ments of paragraphs (a)(1) and (a)(2) of this section if more than 75 percent of the tract is zoned for commercial or in-dustrial use. (3) Adjustment of poverty rates for En-terprise Communities. Where necessary to carry out the purposes of this part, the
47、Secretary may reduce by 5 percent-age points one of the following thresh-olds for not more than 10 percent of the census tracts, or, if fewer, five popu-lation tracts in the nominated urban area: (i) The 20 percent threshold in para-graph (a)(1) of this section; (ii) The 25 percent threshold in para
48、-graph (a)(2) of this section; and (iii) The 35 percent threshold in para-graph (a)(3) of this section; Provided that, the Secretary may in the alter-native reduce the 35 percent threshold by 10 percentage points for three popu-lation census tracts. (4) Rounding up of percentages. In making the calc
49、ulations required by this section, the Secretary shall round all fractional percentages of one-half percent or more up to the next highest whole percentage figure. (c) Noncontiguous areas. A nominated urban area may not contain a non-contiguous parcel unless such parcel separately meets the criteria set forth at paragraphs (a)(1), (2), and (3) of this section. (d) Areas not within census tracts. In the case of an area which does not have pop
