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Title 42, Chapter 69 Contents
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Sec.
5301 Congressional findings and declaration of
purpose. |
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Sec.
5302 General provisions |
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Sec.
5303 Grants to States, units of general local
government and Indian tribes |
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Sec. 5304 Statement of activities
and review |
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Sec.
5305 Activities eligible for assistance |
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Sec. 5306 Allocation and
distribution of funds |
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Sec.
5307 Special purpose grants |
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Sec. 5308 Guarantee and
commitment to guarantee loans for acquisition of property |
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Sec.
5309 Nondiscrimination in programs and activities |
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Sec. 5310 Labor standards;
rate of wages; exceptions; enforcement powers |
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Sec.
5311 Remedies for noncompliance with community
development requirements |
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Sec. 5312 Use of grants
for settlement of outstanding urban renewal loans |
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Sec. 5313 Reporting requirements |
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Sec. 5314 Consultation by
Secretary with other Federal departments, etc |
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Sec.
5315 Interstate agreements or compacts; purposes |
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Sec. 5316 Transition provisions |
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Sec. 5317 Liquidation of
superseded or inactive programs |
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Sec. 5318 Urban development
action grants |
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Sec. 5319 Community participation
in programs |
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Sec.
5320 Historic preservation requirements |
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Sec. 5321 Suspension of
requirements for disaster areas |
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Section 5318a (John Heinz Neighborhood
Development Program) is not included |
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to the Laws Page |
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Features
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Also
in this Section:
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From the U.S. Code
[Laws in effect as of January 20, 1999]
[CITE: 42USC5304]
- Statement of objectives and projected
use of funds by grantee prerequisite to receipt of grant; publication
of proposals by grantees; notice and comment; citizen participation
plan
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Prior to the receipt in any fiscal year of a grant under section
5306(b) of this title
by any metropolitan city or urban county, under section 5306(d)
of this title by any State, or under section 5306(d)(2)(B)
of this title by any unit of general local government, the
grantee shall have prepared a final statement of community
development objectives and projected use of funds and shall
have provided the Secretary with the certifications required
in subsection (b) of this section and, where appropriate,
subsection (c) of this section. In the case of metropolitan
cities and urban counties receiving grants pursuant to section
5306(b) of this title
and in the case of units of general local government receiving
grants pursuant to section 5306(d)(2)(B)
of this title, the statement of projected use of funds shall
consist of proposed community development activities. In the
case of States receiving grants pursuant to section 5306(d)
of this title, the statement of projected use of funds shall
consist of the method by which the states will distribute
funds to units of general local government.
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In order to permit public examination and appraisal of such
statements, to enhance the public accountability of grantees,
and to facilitate coordination of activities with different
levels of government, the grantee shall in a timely manner--
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furnish citizens or, as appropriate, units of general
local government information concerning the amount of
funds available for proposed community development and
housing activities and the range of activities that may
be undertaken, including the estimated amount proposed
to be used for activities that will benefit persons of
low and moderate income and the plans of the grantee for
minimizing displacement of persons as a result of activities
assisted with such funds and to assist persons actually
displaced as a result of such activities;
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publish a proposed statement in such manner to afford
affected citizens or, as appropriate, units of general
local government an opportunity to examine its content
and to submit comments on the proposed statement and on
the community development performance of the grantee;
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hold one or more public hearings to obtain the views of
citizens on community development and housing needs;
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provide citizens or, as appropriate, units of general
local government with reasonable access to records regarding
the past use of funds received under section 5306
of this title by the grantee; and
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provide citizens or, as appropriate, units of general
local government with reasonable notice of, and opportunity
to comment on, any substantial change proposed to be made
in the use of funds received under section 5306
of this title from one eligible activity to another or
in the method of distribution of such funds.
In
preparing the final statement, the grantee shall consider
any such comments and views and may, if deemed appropriate
by the grantee, modify the proposed statement. The final
statement shall be made available to the public, and a
copy shall be furnished to the Secretary together with
the certifications required under subsection (b) of this
section and, where appropriate, subsection (c) of this
section. Any final statement of activities may be modified
or amended from time to time by the grantee in accordance
with the same procedures required in this paragraph for
the preparation and submission of such statement.
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A grant under section 5306 of this
title may be made only if the grantee certifies that it is following
a detailed citizen participation plan which--
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provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and
moderate income who are residents of slum and blight areas
and of areas in which section 106 [42 U.S.C. 5306]
funds are proposed to be used, and in the case of a grantee
described in section 5306(a)
of this title, provides for participation of residents in
low and moderate income neighborhoods as defined by the
local jurisdiction;
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provides citizens with reasonable and timely access to local
meetings, information, and records relating to the grantee's
proposed use of funds, as required by regulations of the
Secretary, and relating to the actual use of funds under
this chapter;
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provides for technical assistance to groups representative
of persons of low and moderate income that request such
assistance in developing proposals with the level and type
of assistance to be determined by the grantee;
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provides for public hearings to obtain citizen views and
to respond to proposals and questions at all stages of the
community development program, including at least the development
of needs, the review of proposed activities, and review
of program performance, which hearings shall be held after
adequate notice, at times and locations convenient to potential
or actual beneficiaries, and with accommodation for the
handicapped;
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provides for a timely written answer to written complaints
and grievances, within 15 working days where practicable;
and
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identifies how the needs of non-English speaking residents
will be met in the case of public hearings where a significant
number of non-English speaking residents can be reasonably
expected to participate.
This paragraph may not be construed to restrict the responsibility
or authority of the grantee for the development and execution
of itscommunity development program.
- Certification of enumerated criteria
by grantee to Secretary
Any grant under section 5306 of
this title shall be made only if the grantee certifies to the
satisfaction of the Secretary that--
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the grantee is in full compliance with the requirements
of subsection (a)(2)(A), (B), and (C) of this section and
has made the final statement available to the public;
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the grant will be conducted and administered in conformity
with the Civil Rights Act of 1964 [42 U.S.C. 2000a
et seq.] and the Fair Housing Act [42 U.S.C.
3601 et seq.], and the grantee will affirmatively
further fair housing;
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the projected use of funds has been developed so
as to give maximum feasible priority to activities which will
benefit low- and moderate-income families or aid in the prevention
or elimination of slums or blight, and the projected use of
funds may also include activities which the grantee certifies
are designed to meet other community development needs having
a particular urgency because existing conditions pose a serious
and immediate threat to the health or welfare of the community
where other financial resources are not available to meet
such needs, except that
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the aggregate use of funds received under section 5306
of this title and, if applicable, as a result of a guarantee
or a grant under section 5308
of this title, during a period specified by the grantee
of not more than 3 years, shall principally benefit persons
of low and moderate income in a manner that ensures that
not less than 70 percent of such funds are used for activities
that benefit such persons during such period; and
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a grantee that borders on the Great Lakes and
that experiences significant adverse financial and physical
effects due to lakefront erosion or flooding may include
in the projected use of funds activities that are clearly
designed to alleviate the threat posed, and rectify the
damage caused, by such erosion or flooding if such activities
will principally benefit persons of low and moderate income
and the grantee certifies that such activities are necessary
to meet other needs having a particular urgency;
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it has developed a community development plan pursuant to
subsection (m) of this section, for the period specified by
the grantee under paragraph (3), that identifies community
development needs and specifies both short- and long-term
community development objectives that have been developed
in accordance with the primary objective and requirements
of this chapter;
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the grantee will not attempt to recover any capital costs
of public improvements assisted in whole or part under section
5306 of this title or with amounts
resulting from a guarantee under section 5308
of this title by assessing any amount against properties owned
and occupied by persons of low and moderate income, including
any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless
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funds received under section 5306
of this title are used to pay the proportion of such fee
or assessment that relates to the capital costs of such
public improvements that are financed from revenue sources
other than under this chapter; or
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for purposes of assessing any amount against properties
owned and occupied by persons of moderate income, the
grantee certifies to the Secretary that it lacks sufficient
funds received under section 5306
of this title to comply with the requirements of subparagraph
(A); and
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the grantee will comply with the other provisions of this
chapter and with other applicable laws.
Back to Top
- Special certifications required
for certain grants
A grant may be made under section 5306(b)
of this title only if the unit of general local government certifies
that it is following--
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a current housing affordability strategy which has been approved
by the Secretary in accordance with section 12705 of this
title, or
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a housing assistance plan which was approved by the Secretary
during the 180-day period beginning on November 28, 1990,
or during such longer period as may be prescribed by the Secretary
in any case for good cause.
- Residential
antidisplacement and relocation assistance plan; certification
of adherence; contents
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A grant under section 5306 or 5318
of this title may be made only if the grantee certifies that
it is following a residential antidisplacement and relocation
assistance plan. A grantee receiving a grant under section
5306(a) of this title
or section 5318 of this title shall
so certify to the Secretary. A unit of general local government
receiving amounts from a State under section 5306(d)
of this title shall so certify to the State, and a unit of
general local governmentreceiving amounts from the Secretary
under section 5306(d)
of this title shall so certify to the Secretary.
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The residential antidisplacement and relocation assistance
plan shall in connection with a development project assisted
under section 5306 or 5318
of this title--
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in the event of such displacement, provide that--
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governmental agencies or private developers
shall provide within the same community comparable
replacement dwellings for the same number of occupants
as could have been housed in the occupied and vacant
occupiable low and moderate income dwelling units
demolished or converted to a use other than for housing
for low and moderate income persons, and provide that
such replacement housing may include existing housing
assisted with project based assistance provided under
section 1437f of this title;
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such comparable replacement dwellings shall be designed
to remain affordable to persons of low and moderate
income for 10 years from the time of initial occupancy;
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relocation benefits shall be provided for all low
or moderate income persons who occupied housing demolished
or converted to a use other than for low or moderate
income housing, including reimbursement for actual
and reasonable moving expenses, security deposits,
credit checks, and other moving-related expenses,
including any interim living costs; and in the case
of displaced persons of low and moderate income, provide
either--
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compensation sufficient to ensure that, for a
5-year period, the displaced families shall not
bear, after relocation, a ratio of shelter costs
to income that exceeds 30 percent; or
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if elected by a family, a lump-sum payment equal
to the capitalized value of the benefits available
under subclause (I) to permit the household to
secure participation in a housing cooperative
or mutual housing association; and
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persons displaced shall be relocated into comparable
replacement housing that is--
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decent, safe, and sanitary;
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adequate in size to accommodate the occupants;
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functionally equivalent; and
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in an area not subject to unreasonably adverse
environmental conditions;
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provide that persons displaced shall have the right to
elect, as an alternative to the benefits under this subsection,
to receive benefits under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.) if such persons determine that it
is in their best interest to do so; and
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provide that where a claim for assistance under subparagraph
(A)(iv) is denied by a grantee, the claimant may appeal
to the Secretary in the case of a grant under section
5306 or 5318
of this title or to the appropriate State official in
the case of a grant under section 5306(d)
of this title, and that the decision of the Secretary
or the State official shall be final unless a court determines
the decision was arbitrary and capricious.
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Paragraphs (2)(A)(i) and (2)(A)(ii) shall not apply in any
case in which the Secretary finds, on the basis of objective
data, that there is available in the area an adequate supply
of habitable affordable housing for low and moderate income
persons. A determination under this paragraph is final and
nonreviewable.
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Submission of performance and evaluation report by grantee
to Secretary; contents; availability for citizen comment; annual
review and audit by Secretary of program implementation; adjustments
in amount of annual grants
Each grantee shall submit to the Secretary, at a time determined
by the Secretary, a performance and evaluation report concerning
the use of funds made available under section 5306
of this title, together with an assessment by the grantee of the
relationship of such use to the objectives identified in the grantee's
statement under subsection (a) of this section and to the requirements
of subsection (b)(3) of this section. Such report shall also be
made available to the citizens in each grantee's jurisdiction
in sufficient time to permit such citizens to comment on such
report prior to its submission, and in such manner and at such
times as the grantee may determine. The grantee's report shall
indicate its programmatic accomplishments, the nature of and reasons
for changes in the grantee's program objectives, indications of
how the grantee would change its programs as a result of its experiences,
and an evaluation of the extent to which its funds were used for
activities that benefited low- and moderate-income persons. The
report shall include a summary of any comments received by the
grantee from citizens in its jurisdiction respecting its program.
The Secretary shall encourage and assist national associations
of grantees eligible under section 5306(d)(2)(B)
of this title, national associations of States, and national associations
of units of general local government in nonentitlement areas to
develop and recommend to the Secretary, within one year after
November 30, 1983, uniform recordkeeping, performance reporting,
and evaluation reporting, and auditing requirements for such grantees,
States, and units of general local government, respectively. Based
on the Secretary's approval of these recommendations, the Secretary
shall establish such requirements for use by such grantees, States,
and units of general local government. The Secretary shall, at
least on an annual basis, make such reviews and audits as may
be necessary or appropriate to determine--
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in the case of grants made under section 5306(b)
or section 5306(d)(2)(B)
of this title, whether the grantee has carried out its activities
and, where applicable, its housing assistance plan in a timely
manner, whether the grantee has carried out those activities
and its certifications in accordance with the requirements
and the primary objectives of this chapter and with other
applicable laws, and whether the grantee has a continuing
capacity to carry out those activities in a timely manner;
and
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in the case of grants to States made under section 5306(d)
of this title, whether the State has distributed funds to
units of general local government in a timely manner and in
conformance to the method of distribution described in its
statement, whether the State has carried out its certifications
in compliance with the requirements of this chapter and other
applicable laws, and whether the State has made such reviews
and audits of the units of general local government as may
be necessary or appropriate to determine whether they have
satisfied the applicable performance criteria described in
paragraph (1) of this subsection.
The Secretary may make appropriate adjustments in the amount
of the annual grants in accordance with the Secretary's findings
under this subsection. With respect to assistance made available
to units of general local government under section 5306(d)
of this title, the Secretary may adjust, reduce, or withdraw
such assistance, or take other action as appropriate in accordance
with the Secretary's reviews and audits under this subsection,
except that funds already expended on eligible activities
under this chapter shall not be recaptured or deducted from
future assistance to such units of general local government.
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Audit of grantees by General Accounting Office; access to books,
accounts, records, etc., by representatives of General Accounting
Office
Insofar
as they relate to funds provided under this chapter, the financial
transactions of recipients of such funds may be audited by the
General Accounting Office under such rules and regulations as
may be prescribed by the Comptroller General of the United States.
The representatives of the General Accounting Office shall have
access to all books, accounts, records, reports, files, and other
papers, things, or property belonging to or in use by such recipients
pertaining to such financial transactions and necessary to facilitate
the audit.
Back to Top
- Environmental protection measures applicable for release
of funds to applicants for projects; issuance of regulations by
Secretary subsequent to consultation with Council on Environmental
Quality; request and certification to Secretary for approval of
release of funds; form, contents and effect of certification
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In order to assure that the policies of the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.]
and other provisions of law which further the purposes of
such Act (as specified in regulations issued by the Secretary)
are most effectively implemented in connection with the expenditure
of funds under this chapter, and to assure to the public undiminished
protection of the environment, the Secretary, in lieu of the
environmental protection procedures otherwise applicable,
may under regulations provide for the release of funds for
particular projects to recipients of assistance under this
chapter who assume all of the responsibilities for environmental
review, decisionmaking, and action pursuant to such Act, and
such other provisions of law as the regulations of the Secretary
specify, that would apply to the Secretary were he to undertake
such projects as Federal projects. The Secretary shall issue
regulations to carry out this subsection only after consultation
with the Council on Environmental Quality.
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The Secretary shall approve the release of funds for projects
subject to the procedures authorized by this subsection only
if, at least fifteen days prior to such approval and prior
to any commitment of funds to such projects other than for
purposes authorized by section 5305(a)(12)
of this title or for environmental studies, the recipient
of assistance under this chapter has submitted to the Secretary
a request for such release accompanied by a certification
which meets the requirements of paragraph (3). The Secretary's
approval of any such certification shall be deemed to satisfy
his responsibilities under the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.] and such
other provisions of law as the regulations of the Secretary
specify insofar as those responsibilities relate to the releases
of funds for projects to be carried out pursuant thereto which
are covered by such certification.
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A certification under the procedures authorized by this subsection
shall--
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be in a form acceptable to the Secretary,
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be executed by the chief executive officer or other officer
of the recipient of assistance under this chapter qualified
under regulations of the Secretary,
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specify that the recipient of assistance under this chapter
has fully carried out its responsibilities as described
under paragraph (1) of this subsection, and
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specify that the certifying officer (i) consents to assume
the status of a responsible Federal official under the
National Environmental Policy Act of 1969 [42 U.S.C.
4321 et seq.] and each provision of law specified
in regulations issued by the Secretary insofar as the
provisions of such Act or other such provision of law
apply pursuant to paragraph (1) of this subsection, and
(ii) is authorized and consents on behalf of the recipient
of assistance under this chapter and himself to accept
the jurisdiction of the Federal courts for the purpose
of enforcement of his responsibilities as such an official.
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In the case of grants made to States pursuant to section 5306(d)
of this title, the State shall perform those actions of the
Secretary described in paragraph (2) and the performance of
such actions shall be deemed to satisfy the Secretary's responsibilities
referred to in the second sentence of such paragraph.
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Payments; revolving loan fund: establishment in private financial
institution for rehabilitation activities; standards for payments:
criteria
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Units of general local government receiving assistance under
this chapter may receive funds, in one payment, in an amount
not to exceed the total amount designated in the grant (or,
in the case of a unit of general local government receiving
a distribution from a State pursuant to section 5306(d)
of this title, not to exceed the total amount of such distribution)
for use in establishing a revolving loan fund which is to
be established in a private financial institution and which
is to be used to finance rehabilitation activities assisted
under this chapter. Rehabilitation activities authorized under
this section shall begin within 45 days after receipt of such
payment and substantial disbursements from such fund must
begin within 180 days after receipt of such payment.
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The Secretary shall establish standards for such cash payments
which will insure that the deposits result in appropriate
benefits in support of the recipient's rehabilitation program.
These standards shall be designed to assure that the benefits
to be derived from the local program include, at a minimum,
one or more of the following elements, or such other criteria
as determined by the Secretary--
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leverage of community development block grant
funds so that participating financial institutions commit
private funds for loans in the rehabilitation program
in amounts substantially in excess of deposit of community
development funds;
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commitment of private funds for rehabilitation loans at
below-market interest rates or with repayment periods
lengthened or at higher risk than would normally be taken;
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provision of administrative services in support
of the rehabilitation program by the participating lending
institutions; and
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interest earned on such cash deposits shall be used in
a manner which supports the community rehabilitation program.
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Metropolitan city as part of urban county
In any case in which a metropolitan city is located, in whole
or in part, within an urban county, the Secretary may, upon the
joint request of such city and county, approve the inclusion of
the metropolitan city as part of the urban county for purposes
of submitting a statement under subsection (a) of this section
and carrying out activities under this chapter.
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Retention of program income; condition of distribution
Notwithstanding any other provision of law, any unit of general
local government may retain any program income that is realized
from any grant made by the Secretary, or any amount distributed
by a State, under section 5306 of this
title if
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such income was realized after the initial disbursement of
the funds received by such unit of general local government
under such section; and
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such unit of general local government has agreed that it will
utilize the program income for eligible community development
activities in accordance with the provisions of this chapter;
except that the Secretary may, by regulation, exclude from
consideration as program income any amounts determined to
be so small that compliance with this subsection creates an
unreasonable administrative burden on the unit of general
local government. A State may require as a condition of any
amount distributed by such State under section 5306(d)
of this title that a unit of general local government shall
pay to such State any such income to be used by such State
to fund additional eligible community development activities,
except that such State shall waive such condition to the extent
such income is applied to continue the activity from which
such income was derived.
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Provision of benefits to displaced persons
Each grantee shall provide for reasonable benefits to any
person involuntarily and permanently displaced as a result of
the use of assistance received under this chapter to acquire or
substantially rehabilitate property.
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Protection of individuals engaging in nonviolent civil rights
demonstrations
No funds authorized to be appropriated under section 5303
of this title may be obligated or expended to any unit of general
local government that--
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fails to adopt and enforce a policy prohibiting the use of
excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights
demonstrations; or
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fails to adopt and enforce a policy of enforcing applicable
State and local laws against physically barring entrance to
or exit from a facility or location which is the subject of
such nonviolent civil rights demonstration within its jurisdiction.
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Community development plans
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In general
Prior to the receipt in any fiscal year of a grant from the
Secretary under subsection (b), (d)(1), or (d)(2)(B) of section
5306 of this title, each recipient
shall have prepared and submitted in accordance with this
subsection and in such standardized form as the Secretary
shall, by regulation, prescribe a description of its priority
nonhousing community development needs eligible for assistance
under this chapter.
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Local governments
In the case of a recipient that is a unit of general local
government--
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prior to the submission required by paragraph (1), the
recipient shall, to the extent practicable, notify adjacent
units of general local government and solicit the views
of citizens on priority nonhousing community development
needs; and
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the description required under paragraph (1) shall be
submitted to the Secretary, the State, and any other unit
of general local government within which the recipient
is located, in such standardized form as the Secretary
shall, by regulation, prescribe.
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States
In the case of a recipient that is a State, the description
required by paragraph (1)--
-
shall include only the needs within the State that affect
more than one unit of general local government and involve
activities typically funded by such States under this
chapter; and
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shall be submitted to the Secretary in such standard form
as the Secretary, by regulation, shall prescribe.
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Effect of submission
A submission under this subsection shall not be binding with respect
to the use or distribution of amounts received under section 5306
of this title.
(Pub.
L. 93-383, title I, Sec. 104, Aug. 22, 1974, 88 Stat. 638;
Pub. L. 95-128, title I, Secs. 104, 110(a), Oct. 12, 1977, 91 Stat.
1114, 1125;
Pub. L. 95-557, title I, Sec. 103(a)-(d), Oct. 31, 1978, 92 Stat.
2083;
Pub. L. 96-153, title I, Secs. 103(c), (g), 109(a), Dec. 21, 1979,
93 Stat. 1102, 1105;
Pub. L. 96-399, title I, Secs. 101(d), 104(b), 105(a), 109, 111(c),
Oct. 8, 1980, 94 Stat. 1615, 1616, 1618, 1619, 1621;
Pub. L. 97-35, title III, Secs. 302(b), (c)(1), (d)-(f), 309(d),
Aug. 13, 1981, 95 Stat. 384, 386, 387, 396;
Pub. L. 98-181, title I, Secs. 101(b), 104, Nov. 30, 1983, 97 Stat.
1159, 1161;
Pub. L. 98-479, title I, Sec. 101(a)(5)-(7), Oct. 17, 1984, 98 Stat.
2219;
Pub. L. 100- 242, title V, Secs. 502(c), 505-509(a), Feb. 5, 1988,
101 Stat. 1923, 1926, 1927;
Pub. L. 100-628, title X, Sec. 1083, Nov. 7, 1988, 102 Stat. 3277;
Pub. L. 101-625, title IX, Secs. 902(b), 905, 906, 922, Nov. 28,
1990, 104 Stat. 4385, 4387, 4402;
Pub. L. 102-550, title VIII, Secs. 804, 808, 812, Oct. 28, 1992,
106 Stat. 3845, 3850;
Pub. L. 103- 233, title II, Sec. 232(a)(2)(B), Apr. 11, 1994, 108
Stat. 367.)
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