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(a) Purpose. This part sets forth criteria and procedures to be used in preliminary evaluation of applications for Federal grant assistance to local public bodies and agencies for the Open Space Land Program.

(b) Procedures. (1) Submissions will first be reviewed against five prercquisites. If any of these prerequisites are not met, the application will be rejected. If the application meets all prerequisites, it will be evaluated against the point rated criteria and assigned a point rating.

(2) Then, depending upon the relative rating of the application among other such applications pending in the area office, the applicant may be asked to submit further application material, with supporting documentation so that a final decision on the grant may be reached. Such application material is subject to reviews to determine compliance of the application with basic eligibility and technical requirements.

(3) If an application does not receive a high enough point rating to qualify for funding as compared to other pending applications, or if the applica

tion cannot meet basic eligibility or technical requirements, the application and any supporting documents will be returned to the applicant with advice as to the areas of deficiency. Remedial action regarding the deficiencies must be undertaken before the proposal may be considered.

(4) The provisions of the regulations in this part do not apply to projects involving predominantly Historic Preservation Activities, New Communities, or such other critical or innovative projects as the Assistant Secretary for Community Development may determine.

(5) The Department reserves the right to negotiate the modification of the scope of the proposed undertaking and/or the amount of financial assistance requested.

§ 541.2 Definitions.

As used in the regulations in this part:

(a) “Applicant" means a State or local public body (as defined in sections 709 (3) and (4) of Title VII of the Housing Act of 1961, 75 Stat. 183, 42 U.S.C. 1500, as amended by Title IV of the Housing and Urban Development Act of 1970, 84 Stat. 1781, 42 U.S.C. 1500), which is applying for Federal assistance under the Open Space Land Program.

(b) "City Demonstration Agency" means that agency which was required to be established under title I of the Demonstration Cities and Metropolitan Development Act of 1966, 80 Stat. 1255, 42 U.S.C. 3301, to carry out a Model Cities program at the local level.

(c) "Locality" means the political jurisdiction or jurisdictions having general-purpose government powers upon whose behalf the application for Federal assistance has been submitted.

(d) "Low and moderate income" means an income level which is less than the maximum income eligibility level for a family of four for the county in which the project is to be located under either of the subsidized housing programs authorized by section 235 or 236 of the National Housing Act, as amended 82 Stat. 476, 477, 498; 12 U.S.C. 17152, 17152-1.

(e) "Low- and moderate-income housing" refers to housing with a fair market value that is equal to or less than the resultant of multiplying the section 235-236 maximum income for a family of four, as established by the Secretary for the county in which the project is located, by a factor of 3. "Low- and moderate-income housing" also refers to housing with an annual rental equal to or less than one-third of such section 235-236 maximum income.

(f) "Model neighborhood" means that geographical area in which funds are being spent under a program authorized by title I of the Demonstration Cities and Metropolitan Development Act of 1966, 80 Stat. 1255, 42 U.S.C. 3301.

8541.4 Program prerequisites.

For the Open Space Land Program there are the following five prerequisites:

(a) Certified areawide planning jurisdiction. The locality is in a certified areawide planning jurisdiction. For definition of "certified areawide planning jurisdiction" see HUD Circular 6415.1A and 6415.3.

(b) Civil rights. Submission of acceptable assurances of compliance with title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 252, 42 U.S.C. 2000d and HUD title VI regulations 24 CFR Part I, 29 FR 16280 and with affirmative action plan requirements pursuant to Executive Order 11246, as amended 30 FR 12319, and HUD regulations 24 CFR Part 130, 36 FR 20688.

(c) Relocation requirements (if applicable). (1) Submission of acceptable assurances of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894, 42 U.S.C. 4601; and

(2) Absence of any known impediment to the applicant's ability to meet HUD relocation requirements and the applicant's and/or locality's ability to fulfill requirements for replacement housing. "Known impediment" refers to a practical inability to provide adequate relocation assistance.

(d) A-95 coordination. Evidence that A-95 coordination is in process. The phrase "A-95 coordination" refers to the procedure involving review of applications by the appropriate agency designated under OMB Circular A-95. (e) National Register of Historic Places. For historic and architectural preservation assistance the project must involve property or open space land which is listed on the National Register of Historic Places. The "National Register of Historic Places" is a record of culturally significant property maintained by the National Park Service, U.S. Department of the Interior. See section 101 of the Historic Preservation Act of 1966, Pub. L. 89665, 80 Stat. 915, 16 U.S.C. 470.

§ 541.6 Criteria for evaluating applications.

Criteria for evaluating applications are divided into the following major categories:

(a) Local effort and coordination; (b) Projects ability to meet open space needs;

(c) Local equal employment and entrepreneurial effort;

(d) Local need;

(e) Commitment of local, county, State, and Federal entities to project or program;

(f) Expansion of housing for lowand moderate-income families;

(g) Community development. The elements considered in each category are described in the following sections, and the method of assigning rating points to each element or category is set forth. Points are awarded to each element or category in the following manner unless otherwise specifically indicated. If a statement under a particular element or category applies specifically to the project application under consideration, the application is awarded the number of points assigned to that statement. If no statement applies, no points are awarded to the application for that element.

8541.8 Local effort and coordination.

(The value of this category is the sum of the values of paragraphs (a) to (d) of this section.)

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(c) Local regulatory measures. The project is coordinated with other programs and regulations to improve the quality of the environment, as evidenced by the fact that the locality has adopted and is enforcing regulatory measures to reduce blight and decay and to preserve and promote open space and historic resources. These regulatory measures must include at least four of the following..... 4 (1) Requirements for undergrounding of utilities;

(2) Adoption and enforcement of litter control, weed abatement, or sign control regulations;

(3) Subdivision regulations requiring open space dedication;

(4) Cluster zoning or planned unit developments; "Cluster Zoning or Planned Unit Development" are regulations enacted by the locality that encourage the grouping and placement of structures in such a manner as to create or reserve open space.

(5) Regulations permitting relaxation of setback and height controls, or development rights transfer, to provide open space or protect historic structures in core areas;

(6) Ordinances to protect historic sites, districts, buildings, structures, and objects.

(7) Regulations to prevent deterioration of ambient air quality.

(d) Low- and moderate-income housing. The project is related to and coordinated with the provision of lowand moderate-income housing

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(5) The project preserves ecologically significant areas or conserves scenic 2 "Ecologically significant" refers to unusual, specific, resource-oriented open space areas such as wildlife sanctuaries, geysers, waterfalls, wetlands, and sand dunes.

(b) Population served. The project will readily serve a substantial number of low- and moderate-income residents 7

(c) Patterns of urban growth. The project will help curb urban sprawl or involves undeveloped or predominately undeveloped land which, if withheld from commercial, industrial, and residential development, would have special significance in helping to shape desirable patterns of urban growth .. 5 "Urban sprawl" refers to random and unguided development outward from urban centers. It is usually characterized by groups of large scale, low denity residential developments, interspersed and surrounded by commercial and industrial development. Projects that can help alleviate and curb urban sprawl are projects designed to guide large scale growth or act as a buffer by separating incompatible land uses.

(d) Danger of loss. The project site is in imminent danger of loss 3

"Imminent Danger of Loss" means that the project is threatened by action which will prevent the use of the area or property for open space or historic preservation purposes.

(e) Program experience. (1) If applicant had previous federally assisted program experience: The applicant has expeditiously acquired properties; where displacement was involved, effectively carried out relocation activities; expeditiously developed the properties; sponsors programs for their use; and operates them in accordance with contract conditions ........................................................................................... 4

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(The value of this category is the sum of the values of paragraphs (a) and (b) of this section.)

(a) Median income of jurisdiction. The median annual family income of the geographic area of jurisdiction of the applicant compared to the State median annual family income is: (Select one, if appropriate):

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(1) $1-$500 below State median 3 (2) more than $500 below State median............... 6

(b) Median income of service area. The median annual family income of the service area compared to the State annual median family income is: (Select one if appropriate):

(1) $1-$500 below State median 4 (2) more than $500 below State median....................................................... 8

Median family incomes for the service area and the State are to be obtained by utilizing the City County Data Book or other census data if possible. Or use best available data. "Service Area" refers to the area proposed to be, and reasonably capable of being, served by the Open Space Land Project.

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expansion of the supply of standard housing for low- and moderate-income families in a nondiscriminatory way... 3 (b) Expansion of low- and moderateincome housing (locality). Within the locality in which the project is located there has been significant expansion of the supply of standard housing for low-and moderate-income families in a 3 nondiscriminatory way

(c) Dispersion of low- and moderateincome housing. The locality has a realistic plan to expand the supply of standard low- and moderate-income housing in a nondiscriminatory way outside areas of concentration of economically disadvantaged or minority citizens

§ 511.22 Community development.

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The degree to which the project is necessary for undertaking other publicly supported community development activities .... 0 to 6 "Community development activities" refers to those publicly supported physical development activities and those related social or economic development activities being carried out or to be carried out within a reasonable period of time in accordance with a locally determined or areawide plan or strategy. Factors taken into consideration may include the project's responsiveness to local needs and objectives, the economics possible through coordinated or joint action, the degree of support by the appropriate unit(s) of local general-purpose government, and the management capacity within local general-purpose government.

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