1、323 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 599.3 PART 599RENEWAL COMMUNITIES Subpart AGeneral Provisions Sec. 599.1 Applicability and scope. 599.3 Definitions. 599.5 Data used for eligibility determina-tions. Subpart BEligibility Requirements for Nomination of Renewal Communities 599.101
2、 Eligibility to submit nominations. 599.103 Geographic and population require-ments for a nominated area. 599.105 Economic condition requirements for a nominated area. 599.107 Required State and local commit-ments. Subpart CProcedures for Nomination of Renewal Communities 599.201 Initiation of appli
3、cation process. 599.203 Basic application submission re-quirements. Subpart DEvaluation of Applications Nominating Renewal Communities 599.301 Initial determination of threshold requirements. 599.303 Rating of applications. Subpart ESelection of Nominated Areas To Be Renewal Communities 599.401 Rank
4、ing of applications. 599.403 Number of Renewal Communities to be designated. 599.405 Selection of Renewal Communities. 599.407 Notification of Renewal Community designations. Subpart FPost-Designation Requirements 599.501 Period for which Renewal Commu-nity designation is in effect. 599.503 Effect o
5、f Renewal Community des-ignation on an EZ/EC. 599.505 Coordinating responsible authority (CoRA). 599.507 Tax incentives utilization plan. 599.509 Modification of commitments and plans. 599.511 Reports and other information. 599.513 Revocation of designation. AUTHORITY: 26 U.S.C. 1400E; 42 U.S.C. 353
6、5(d). SOURCE: 66 FR 35855, July 9, 2001, unless otherwise noted. Subpart AGeneral Provisions 599.1 Applicability and scope. (a) This part establishes require-ments and procedures applicable to the designation of Renewal Communities (RCs) through December 31, 2001, au-thorized under Subchapter X of t
7、he In-ternal Revenue Code of 1986 (26 U.S.C. 1400E, et seq.). HUD may choose to use these requirements and procedures in whole or in part for any future Re-newal Community designations that may be authorized. (b) This part contains provisions re-lating to area requirements, the nomi-nation process f
8、or Renewal Commu-nities, and the evaluation and designa-tion of nominated areas by HUD. 599.3 Definitions. In addition to the definitions of HUD and Secretary found in 24 CFR 5.100, the following definitions apply to this part: Census tract means a census tract, as the term is used by the Bureau of
9、the Census, or, if census tracts are not de-fined for the area, a block numbering area. Designation means the process by which the Secretary designates areas as Renewal Communities eligible for tax incentives and credits established by Subchapter X of the Internal Rev-enue Code of 1986, as amended (
10、26 U.S.C. 1400E, et seq.) and for any addi-tional assistance that may be made available. Empowerment Zone (EZ) means an area so designated by the Secretary in accordance with 24 CFR part 597 or 24 CFR part 598. Enterprise Community (EC) means an area so designated by the Secretary in accordance with
11、 24 CFR part 597. Local government means any county, city, town, township, parish, village, or other general purpose political subdivi-sion of a State, and any combination of these political subdivisions that is rec-ognized by the Secretary. Metropolitan Area (MA) means an area as defined to be a Me
12、tropolitan Statis-tical Area or Primary Metropolitan Statistical Area by the Office of Man-agement and Budget on June 30, 1999. Nominated area means an area with a population of not more than 200,000 VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX
13、 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-324 24 CFR Ch. V (4110 Edition) 599.5 that is nominated by one or more local governments and the State or States in which it is located, or the governing b
14、ody of the Indian reservation in which it is located, for designation in accord-ance with this part. Renewal Community (RC) means an area so designated by HUD in accord-ance with this part. Rural area means a nominated area: (1) Which is within a local govern-ment jurisdiction or jurisdictions with
15、a population of less than 50,000; or (2) Which is outside of an MA; or (3) Which is determined by HUD, after consultation with the Secretary of Commerce, to be a rural area. An area may qualify as a rural area under this paragraph (3) of this definition if: (i) It is a nominated area that crosses ju
16、risdictional boundaries; (ii) The total population of the nomi-nated area does not exceed 200,000; (iii) The nominated area as a whole would not satisfy the requirements of either paragraph (1) or (2) of this defi-nition; (iv) Each portion of the nominated area that is located within a separate juri
17、sdiction meets the requirements of either paragraph (1) or (2) of this defi-nition; and (v) The area is specifically nominated as a rural area; or (4) Which does not meet the require-ments of either paragraph (1), (2), or (3) of this definition but which is deter-mined by HUD on a case-by-case basis
18、, after consultation with the Secretary of Commerce, to be a rural area based on information submitted to dem-onstrate that the nominated area should be considered as a rural area. State means any State of the United States. Urban area means a nominated area that is not a rural area. 599.5 Data used
19、 for eligibility deter-minations. (a) Source of data. The data to be used in determining the population, poverty rate, unemployment rate and house-hold income distribution information of an area is from the 1990 Decennial Census. (b) Geographic boundaries. The bound-ary of an area that is nominated
20、for designation as an Renewal Community must coincide with the boundaries of census tracts, as defined in 599.3 ex-cept in the case of Indian reservation areas where the use of census tracts would tend to include areas outside the jurisdiction of the reservation gov-erning body and such body is not
21、mak-ing the nomination in concert with an-other jurisdiction. Subpart BEligibility Requirements for Nomination of Renewal Communities 599.101 Eligibility to submit nomina-tions. (a) In general. Except as provided in paragraph (b) of this section, a nomina-tion for the designation of an area as a Ren
22、ewal Community must be sub-mitted by one or more local govern-ments and the State or States in which the nominated area is located. (b) Nominated areas on Indian reserva-tions. In the case of a nominated area on an Indian reservation, the reserva-tion governing body (as determined by the Secretary o
23、f the Interior) must submit the nomination and shall be treated as being both the State and local governments with respect to the area for purposes of this part. (c) Responsible official. The submis-sion of an application, and any other action required of a nominating gov-ernment under this part, su
24、ch as the submission of a certification, must be performed by an official or employee authorized to act on behalf of the gov-ernment for that purpose. 599.103 Geographic and population requirements for a nominated area. (a) Geographic requirements. A nomi-nated area must meet the following ge-ograph
25、ic requirements to be eligible for designation as a Renewal Commu-nity: (1) The area must be within the juris-diction of one or more local govern-ments. (2) The boundary of the area must be continuous. (i) The boundary line of the nomi-nated area may be interrupted by juris-dictional boundaries, suc
26、h as State or county lines, or natural boundaries, such as rivers, as long as the resulting VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking pe
27、rmitted without license from IHS-,-,-325 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 599.105 area is entirely within the boundary line except for the interruptions. (ii) The nominated area may enclose an area or areas that are excluded from the nominated area, as long as each en-closed area t
28、o be excluded is within a continuous boundary line. (3) The nominated area may be any size, as long as it meets all of the re-quirements of this part. (b) Population requirements(1) In general. Except as provided in para-graph (b)(2) of this section, a nomi-nated area must have a population of not m
29、ore than 200,000 and at least: (i) 4,000 if any portion of the area (other than a nominated rural area) is located within an MA which has a pop-ulation of 50,000 or greater; or (ii) 1,000 in any other case. (2) Nominated areas on Indian reserva-tions. A nominated area that is entirely within an Indi
30、an reservation (as deter-mined by the Secretary of the Interior) is not subject to the population re-quirements of paragraph (b)(1) of this section. 599.105 Economic condition require-ments for a nominated area. (a) Certification for economic require-ments. An official or officials author-ized to do
31、 so by the nominating State and local governments must certify in writing for HUDs acceptance that the nominated area is an area of pervasive poverty, unemployment, and general distress, and that the nominated area meets the requirements of paragraphs (b), (c) and, in the case of urban areas, paragr
32、aph (d) of this section. HUDs ac-ceptance of the certification is subject to a review of data supporting the cer-tification, as provided in paragraph (e) of this section. (b) Unemployment requirement. A nom-inated area meets the unemployment requirement if the unemployment rate in the nominated area
33、 taken as a whole was at least one and one-half times (150% of) the national unemployment rate for the period to which such data relate. (c) Poverty requirement. A nominated area meets the poverty requirement if the poverty rate for each population census tract within the nominated area is at least
34、20 percent. In the case of a nominated area that is within an In-dian reservation, and cannot equiva-lently be described with census tracts, the poverty rate of the nominated area taken as a whole is considered for pur-poses of making this determination. (d) Income requirement for urban areas. In th
35、e case of a nominated urban area, at least 70 percent of the households living in the nominated area must have incomes below 80 percent of the median income of households within the juris-diction of the local government or gov-ernments in which the nominated area is located. The number of households
36、 below 80 percent of the median income in each census tract shall be the num-ber of households with incomes below 80 percent of the Household Adjusted Median Family Income (HAMFI) in each census tract as determined by HUD. (e) HUD review of supporting data(1) Unemployment, poverty and income. HUD wi
37、ll review 1990 census data to deter-mine whether to accept a certification that a nominated area meets the re-quirements of paragraphs (b), (c) and (d) of this section. (2) Pervasive poverty, unemployment and general distress(i) Pervasive pov-erty. Pervasive poverty is demonstrated by evidence that:
38、 (A) Poverty, as indicated by the num-ber of persons listed as being in pov-erty in the 1990 Decennial Census, is widespread throughout the nominated area; or (B) Poverty, as described in para-graph (e)(2)(i)(A) of this section, has become entrenched or intractable over time (through comparison of 1
39、980 and 1990 census data or other relevant evi-dence). (ii) Unemployment. Unemployment is demonstrated by: (A) The most recent data available indicating that the annual rate of un-employment for the nominated area is not less than the national annual aver-age rate of unemployment; or (B) Evidence of
40、 especially severe eco-nomic conditions, such as military base or plant closings or other condi-tions that have brought about signifi-cant job dislocation within the nomi-nated area. (iii) General distress. General distress is evidenced by describing adverse con-ditions within the nominated urban Ve
41、rDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00335 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-,-,-326 24 CFR Ch. V (4110 Edition) 599.107 area other than t
42、hose of pervasive pov-erty and unemployment. Below average or decline in per capita income, earn-ings per worker, number of persons on welfare, per capita property tax base, average years of school completed, sub-stantial population decline, and a high or rising incidence of crime, narcotics use, ho
43、melessness, high incidence of AIDS, abandoned housing, deteriorated infrastructure, school dropouts, teen pregnancy, incidence of domestic vio-lence, incidence of certain health con-ditions and illiteracy are examples of appropriate indicators of general dis-tress. 599.107 Required State and local c
44、ommitments. (a) Commitment to a course of action (1) Agreement of State and local govern-ments. The nominating State and local governments must agree in writing that, for any period during which the area is a Renewal Community, the gov-ernments will follow a specified course of action which meets th
45、e require-ments of paragraph (a)(2) of this sec-tion. If each nominating State and local government is a signatory to a course of action under paragraph (a)(2) of this section, a separate written agreement is not necessary to meet the requirements of this paragraph. (2) Course of action requirements
46、(i) In general. A course of action is a written document, signed by the nominated areas State and/or local governments and community-based organizations which commits each signatory to un-dertake and achieve measurable goals and actions within the nominated area upon its designation as a Renewal Com
47、munity. (ii) Community-based organizations. For purposes of the course of action, community-based organizations in-cludes for-profit and non-profit private entities, businesses and business orga-nizations, neighborhood organizations, and community groups. Community- based organizations are not requi
48、red to be located in the nominated area as long as they commit to achieving the goals of the course of action in the Re-newal Community. (iii) Timetable. The course of action must include a timetable that identi-fies the significant steps and target dates for implementing the goals and actions. (iv)
49、 Performance measures. The course of action must include a description of how the performance of the course of action will be measured and evaluated. (v) Required goals and actions. The course of action must include at least four of the following: (A) A reduction of tax rates or fees applying within the Renewal Commu-nity; (B) An increase in the level of effi-ciency of local services within the Re-newal Community, such as services for residents fu
