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 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. 1715Z-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.

(g) "NDP area" means the area or areas in which urban renewal project activities are taking place or are to take place under a neighborhood development program.

(h) "Renewal experience" means those renewal efforts and related relocation activities carried out under one or more urban renewal projects under sec. 110(c) of the Housing Act of 1949, as amended, 63 Stat. 413, 414; 42 U.S.C. 1450; or a Neighborhood Development Program as described in sections 131-134 of said Housing Act.

§ 511.4 Program prerequisites.

For the Neighborhood Development Program there are the following six prerequisites:

(a) Workable program. The presence of a certified or certifiable Workable Program pursuant to section 101(c) of the Housing Act of 1949, as amended,

Pub. L. 81-171, 63 Stat. 413; 42 U.S.C. 1451c. By "certifiable workable program" is meant a reasonable probability of certification or recertification based upon submitted materials and local progress towards meeting certification standards and conditions as indicated in HUD's Handbook for the Workable Program, RHA 7100.

(b) Local general plan. The presence of a local general plan, and conformance of the project thereto. A "local general plan" is defined as an official document or documents containing a land use plan, thoroughfare plan, community facilities plan, public improvement program, zoning ordinance and map, and subdivision regulations so interrelated that taken together they serve as a comprehensive guide for the physical development of the locality as a whole. The plan must have been endorsed or adopted by the local governing body of the locality in which the NDP is proposed.

(c) 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.

(d) Relocation requirements (if applicable). (1) Submission of acceptable assurance of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1891, 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 and replacement housing, or a legal inability to comply with relocation-related provisions of Title I of the Housing Act of 1949, 63 Stat. 413, 414; 42 U.S.C. 1450, et seq.

(e) 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.

(f) Housing component. Absence of any known barrier to an adequate or better rating on the Housing Production and Mortgage Credit Project Selection System (37 FR 203-9, January 7, 1972) for any subsidized housing required to meet the housing component for the program.

3511.6 Criteria for evaluating applications.

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

(a) Local effort and coordination; (b) Impact of area selected;

(c) Program management capacity; (d) Local equal employment and entrepreneurial effort;

(e) Local need;

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

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

(h) 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.

"Substandard residential units" refer to those residential units which are out of compliance with the appropriate local housing and building codes.

(b) Redevelopment areas. The NDP area is in a designated redevelopment area as defined by the Public Works and Economic Development Act of 1965, as amended Pub. L. 89-136, 79 Stat. 552, 42 U.S.C. 3121, and the program shows evidence of conformance to the Overall Economic Development Plan for that area

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(c) Environmental deficiencies. The locality is taking active steps (including those proposed under the NDP) to eliminate environmental deficiencies in the NDP area, including but not limited to any among those listed below

(1) Overcrowding of land.

(2) Substantial substandard housing. (3) Lack of open space.

(4) Transportation (including parking) deficiencies.

(5) Inadequate public facilities, including those for water, sewage, and solid waste. (6) Incompatible land uses.

(7) Incompatible types of building uses. (8) Underutilized land- 4

(9) Inadequate air and water quality.

(d) Expansion of low- and moderateincome housing. The program contributes to the realistic plan referred to in § 511.20(c) .............................

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“Urban sprawl" refers to random and unguided development outward from urban centers. It is usually characterized by groups of large scale, low denvity 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

or

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owned, controlled, or managed in substantial part by minority persons...... 3

(c) The applicant has taken affirmative action in its own employment in the training and/or employment of minority persons, with relatively superior results

In deterraining whether or not performance has been "relatively superior", the following items will be taken into consideration: Absolute numbers of persons actually trained or hired in relation to numbers of minority group persons in the labor market area; total dollar value of contracts let to minority entrepreneurs in relation to total dollar amount of contracts let by locality; within the administering agency, racial composition at all levels of employment and absolute number of training opportunities made available to minority group persons.

8541.14 Local need.

(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):

......

(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.

§ 511.18 Commitment of local, county, State, and Federal entities to project or program.

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

(a) Local commitment. There was substantial participation by the chief executive and governing body of the locality during the planning of the project, and they are demonstrating current public commitment in support of the project 4

(b) Resident commitment. There was effective widespread participation of a representative spectrum of NDP area residents in the development of project objectives and there is evidence of current support for the execution of the project

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(c) Coordination of resources. There was substantial participation of other local agencies during planning, and there is a current commitment including resources, from Federal, State, county, or local entities other than those necessary to satisfy the local share requirement.....

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(d) Participation in areawide or metropolitan planning. There is active participation by the locality's representatives in the areawide or metropolitan planning organization

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§ 511.20 Expansion of housing for low-and moderate-income families.

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

(a) Expansion of low- and moderateincome housing (applicant). Within the applicant's geographic area of jurisdiction, there has been significant

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.

(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 Neighborhood Facilities Grant Projects.

(b) Procedures. (1) Submissions will first be reviewed against four prerequisites. 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. 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.

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(2) If an application does not receive a high enough point rating to qualify for funding as compared to other pending applications, or if the application 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 reconsidered. The provisions of these regulations do not apply to projects involving New Communities, or such other critical or innovative projects as the Assistant Secretary for Community Development may determine. The Department reserves the right to negotiate the modification of the scope of the proposed undertaking and/or the amount of financial assistance requested.

§ 551.2 Definitions.

As used in the regulations in this part:

(a) "Applicant" means a local public body or agency, as defined in section 706(b) of the Housing and Urban Development Act of 1965, 79 Stat. 451, 489, 42 U.S.C. 3101, which is applying for Federal assistance under the Neighborhood Facilities Grant Pro

gram.

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

(c) "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. 1715Z, 1715Z-1.

(d) "Low- and moderate-income housing" refers to housing within 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