[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR135.9]

[Page 713]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 135_ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS
--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 135.9  Requirements applicable to HUD NOFAs for section 3 covered 
programs.

    (a) Certification of compliance with part 135. All notices of 
funding availability (NOFAs) issued by HUD that announce the 
availability of funding covered by section 3 shall include a provision 
in the NOFA that notifies applicants that section 3 and the regulations 
in part 135 are applicable to funding awards made under the NOFA. 
Additionally the NOFA shall require as an application submission 
requirement (which may be specified in the NOFA or application kit) a 
certification by the applicant that the applicant will comply with the 
regulations in part 135. (For PHAs, this requirement will be met where a 
PHA Resolution in Support of the Application is submitted.) With respect 
to application evaluation, HUD will accept an applicant's certification 
unless there is evidence substantially challenging the certification.
    (b) Statement of purpose in NOFAs. (1) For competitively awarded 
assistance in which the grants are for activities administered by an HA, 
and those activities are anticipated to generate significant training, 
employment or contracting opportunities, the NOFA must include a 
statement that one of the purposes of the assistance is to give to the 
greatest extent feasible, and consistent with existing Federal, State 
and local laws and regulations, job training, employment, contracting 
and other economic opportunities to section 3 residents and section 3 
business concerns.
    (2) For competitively awarded assistance involving housing 
rehabilitation, construction or other public construction, where the 
amount awarded to the applicant may exceed $200,000, the NOFA must 
include a statement that one of the purposes of the assistance is to 
give, to the greatest extent feasible, and consistent with existing 
Federal, State and local laws and regulations, job training, employment, 
contracting and other economic opportunities to section 3 residents and 
section 3 business concerns.
    (c) Section 3 as NOFA evaluation criteria. Where not otherwise 
precluded by statute, in the evaluation of applications for the award of 
assistance, consideration shall be given to the extent to which an 
applicant has demonstrated that it will train and employ section 3 
residents and contract with section 3 business concerns for economic 
opportunities generated in connection with the assisted project or 
activity. The evaluation criteria to be utilized, and the rating points 
to be assigned, will be specified in the NOFA.