[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: 24CFR570.425]

[Page 95-96]
 
                 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 F_Small Cities Program
 
Sec. 570.425  HUD review and actions on applications for New York State 
applicants.

    (a) Final application submission--(1) Submission deadline. HUD will 
establish

[[Page 96]]

a time period during which final applications must be submitted to the 
appropriate office. The dates for this period will be published in a 
notice in the Federal Register.
    (2) Incomplete applications. Applications must contain the 
information required by HUD. Information relative to the application 
will not be accepted or considered if received after the submission 
deadline, unless the information is specifically requested in writing by 
HUD.
    (3) Pre-agreement costs. HUD authorizes a unit of general local 
government to incur costs during a Federal fiscal year in which a grant 
is made or the prior fiscal year for preparation of a CDBG grant 
application, planning costs eligible under Sec. 570.205, environmental 
assessments, and project engineering and design costs for eligible 
activities under Sec. Sec. 570.201 through 570.204 before the 
establishment of a formal grant relationship between the applicant and 
HUD. Costs of such activities for the funded application may be charged 
to the grant should it be funded, provided that the activities are 
undertaken in accordance with the requirements of this subpart, and 24 
CFR part 58. It is understood that the incurring of costs described in 
this paragraph creates no obligation on HUD to approve the application.
    (b) HUD action on final application--(1) Review and notification. 
Following the review of the applications, HUD will promptly notify each 
applicant of the action taken with regard to its application. 
Documentation which supports HUD's decisions on applications will be 
available to the public.
    (2) Conditional approval. HUD may make a conditional approval, in 
which case the grant will be approved but the obligation and utilization 
of funds will be restricted. The reasons for the conditional approval 
and the actions necessary to remove the condition will be specified. 
Failure to satisfy the condition may result in a termination of the 
grant.
    (3) HUD will not make a Small Cities grant when it is determined 
that the grant will only have a minimal or insignificant impact on the 
grantee.
    (4) Individual grant amounts. In determining appropriate grant 
amounts to be awarded, HUD may take into account the size of the 
applicant, the level of demand, the scale of the activity proposed 
relative to need and operational capacity, the number of persons to be 
served, the amount of funds required to achieve project objectives and 
the administrative capacity of the applicant to complete the activities 
in a timely manner.
    (c) Streamlined application requirement for previous applicants. HUD 
may provide pursuant to a NOFA that if an applicant notifies HUD in 
writing within the application period specified in a NOFA that it wishes 
to be so considered, HUD will consider unfunded applications from the 
prior round or competition that meet the threshold requirements of the 
NOFA. The applicant will have the option of withdrawing its application, 
or amending or supplementing the application for succeeding rounds of 
competition. If there is no significant change in the application 
involving new activities or alteration of proposed activities that will 
significantly change the scope, location or objectives of the proposed 
activities or beneficiaries, there will be no further citizen 
participation requirement to keep the application active for succeeding 
rounds of competition. Applicants availing themselves of the option to 
have an application from the previous round or competition reconsidered 
by HUD must submit a new abbreviated or full consolidated plan, if the 
new competitive funding round is in a different fiscal year than the 
funding round or competition for which the application was originally 
submitted.