[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR570.404]



[Page 75-76]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 570_COMMUNITY DEVELOPMENT BLOCK GRANTS--Table of Contents

 

                    Subpart E_Special Purpose Grants

 

Sec.  570.404  Historically Black colleges and universities program.



    (a) General. Grants under this section will be awarded to 

historically Black colleges and universities to expand their role and 

effectiveness in addressing community development needs, including 

neighborhood revitalization, housing and economic development in their 

localities, consistent with the purposes of title I of the Housing and 

Community Development Act of 1974.

    (b) Eligible applicants. Only historically Black colleges and 

universities (as determined by the Department of Education in accordance 

with that Department's responsibilities under Executive Order 12677, 

dated April 28, 1989) are eligible to submit applications.

    (c) Eligible activities. Activities that may be funded under this 

section are those eligible under Sec. Sec.  570.201 through 570.207, 

provided that any activity which is required by State or local law to be 

carried out by a governmental entity may not be funded under this 

section. Notwithstanding the provisions of Sec. Sec.  570.200(g), grants 

under this section are not subject to the 20 percent limitation on 

planning and program administration costs, as defined in Sec. Sec.  

570.205 and 570.206, respectively.

    (d) Applications. Applications will only be accepted from eligible 

applicants in response to a Request for Applications (RFA) which will be 

issued either concurrently with or after the publication of a Notice of 

Funding Availability (NOFA) published in the Federal Register. The NOFA 

will describe any special objectives sought to be achieved by the 

funding to be provided, including any limitations on the type of 

activities to be funded to achieve the objectives, points to be awarded 

to each of the selection criteria listed in paragraph (e) of this 

section, and any special factors to be evaluated in assigning points 

under the selection factors to achieve the stated objectives. The NOFA 

will also state the deadline for the submission of applications, the 

total funding available for the competition, and the maximum amount of 

individual grants. The NOFA will include further information and 

instructions for the submission of acceptable applications to HUD.

    (e) Selection criteria. Each application submitted under this 

section will be evaluated by HUD using the following criteria:

    (1) The extent to which the applicant addresses the objectives 

published in the NOFA and the RFA.

    (2) The extent to which the applicant demonstrates to HUD that the 

proposed activities will have a substantial impact in achieving the 

stated objectives.

    (3) The special needs of the applicant or locality to be met in 

carrying out the proposed activities, particularly with respect to 

benefiting low- and moderate-income persons.

    (4) The feasibility of the proposed activities, i.e., their 

technical and financial feasibility, for achieving the stated 

objectives, including local support for activities proposed to be 

carried out in the locality and any matching funds proposed to be 

provided from other sources.

    (5) The capability of the applicant to carry out satisfactorily the 

proposed activities in a timely fashion, including satisfactory 

performance in carrying out any previous HUD-assisted projects or 

activities.

    (6) In the case of proposals/projects of approximately equal merit, 

HUD retains the right to exercise discretion in selecting projects in a 

manner that would best serve the program objectives, with consideration 

given to the needs of localities, types of activities proposed, an 

equitable geographical distribution, and program balance.

    (f) Certifications. (1) Certifications required to be submitted by 

applicants shall be as prescribed in the RFA packages.

    (2) In the absence of independent evidence which tends to challenge 

in a substantial manner the certifications made by the applicant, the 

required certifications will be accepted by HUD.



[[Page 76]]



If independent evidence is available to HUD, however, HUD may require 

further information or assurances to be submitted in order to determine 

whether the applicant's certifications are satisfactory.

    (g) Multiyear funding commitments. (1) HUD may make funding 

commitments of up to five years, subject to the availability of 

appropriations. In determining the number of years for which a 

commitment will be made, HUD will consider the nature of the activities 

proposed, the capability of the recipient to carry out the proposed 

activities, and year-by-year funding requirements.

    (2) Awards will be made on the basis of a 12-month period of 

performance. Once a recipient has been selected for a multi-year award, 

that recipient would not be required to compete in a competition for the 

subsequent funding years covered by the multi-year funding commitment. 

Recipients performing satisfactorily will be invited to submit 

applications for subsequent funding years in accordance with 

requirements outlined in the Notice of Funding Availability and Request 

for Grant Application. Subject to the availability of appropriations, 

subsequent-year funding will be determined by the following:

    (i) The recipient has submitted all reports required for the 

previous year or years in a timely, complete and satisfactory manner in 

accordance with the terms and conditions of the grant.

    (ii) The recipient has submitted sufficient evidence to demonstrate 

successful completion of the tasks and deliverables of the grant. A 

determination of satisfactory performance will be made by HUD based upon 

evidence of task completions provided by the recipient, along with data 

from client feedback and site evaluations.

    (iii) The recipient has submitted the next annual application.

    (iv) The subsequent year's application is consistent with that 

described in the original application.

    (3) Recipients participating in multi-year funding projects are not 

eligible to apply for additional grants for the same project or activity 

subject area for which they are receiving funds. Recipients are, 

however, eligible to compete for grants for other project or activity 

areas.

    (h) Selection and notification. The HUD decision to approve, 

disapprove or conditionally approve an application shall be communicated 

in writing to the applicant.

    (i) Environmental and intergovernmental review. The requirements for 

Intergovernmental Reviews do not apply to HBCU awards. HUD will conduct 

an environmental review in accordance with 24 CFR part 50 before giving 

its approval to a proposal.



[56 FR 18968, Apr. 24, 1991]