[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR570.404]

[Page 73-75]
 
                 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

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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. 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.

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    (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]