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HomeMy WebLinkAboutBack-Up from Law Dept2/4/14 Sec. 5305.* Activities eligible for assistance {* Section 105 of the Act]/U.S. Department of Housing and Urban Development (HUD) HUD > Program Offices > Community Planning and Development > Community Development > Community Development Laws and Regulations > Title 42—The Public Health and Welfare Chapter 69—Community Development > Sec. 5305.* Activities eligible for assistance [* Section 105 of the Act] Sec. 5305.* Activities eligible for assistance [* Section io5 of the Act] Features Also in this Section (a) Enumeration of eligible activities (b) Reimbursement of Secretary for administrative services connected with rehabilitation of properties (c) Activities benefiting persons of low and moderate income (d) Training program (e) Guidelines for evaluating and selecting economic development projects (f) Assistance to for -profit entities (g) Microenterprise and small business program requirements (h) Prohibition on use of assistance for employment relocation activities Annotations co u,n From the U.S. Code [Laws In effect as oflanuary 20, 1999] [CITE: 42USC5305] a. Enumeration of eligible activities c-T Activities assisted under this chapter may include only-- 1. the acquisition of real property (including air rights, water rights, and other interests therein) which is A. blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth; B. appropriate for rehabilitation or conservation activities; 1 appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, naturalresources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; 3. to be used for the provision of public works, facilities, and improvements eligible for assistance under this chapter; or Laws and Regulations Laws Regulations Search Title 42, Chapter 69 Contents Sec. 5301 Congressional findings and declaration of purpose. Sec. 5302 General provisions Sec. 5303 Grants to States, units of general local government and Indian tribes Sec. 5304 Statement of activities and review Sec. 5305 Activities eligible for assistance Sec. 5306 Allocation and distribution of funds Sec. 5307 Special purpose grants Sec. 5308 Guarantee and commitment to guarantee loans for acquisition of property Sec. 5309 Nondiscrimination in programs and activities Sec. 5310 Labor standards; rate of wages; exceptions; enforcement powers Sec. 5311 Remedies for noncompliance with community development requirements Sec. 5312 Use of grants for settlement of outstanding urban renewal loans Sec. 5313 Reporting requirements Sec. 5314 Consultation by Secretary with other Federal portal.hud.g ov/hudportal/H U D?src=/prog ram_offi ces/commpl anni ng/communitydevel opment/rulesandreg s/I aws/sec5305 1/14 2/4/14 Sec. 5305.* Activities elig ible for assistance [* Section 105 of the Act]/U.S. Department of Housing and Urban Development (HUD) 4. to be used for other public purposes; b. the acquisition, construction, reconstruction, or installation (including design features and improvements with respect to such construction, reconstruction, or installation that promote energy efficiency) of public works, facilities (except for buildings for the general conduct of government), and site or other improvements; c. code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public or private improvements or services to be provided, may be expected to arrest the decline of the area; d. clearance, demolition, removal, reconstruction, and rehabilitation (including rehabilitation which promotes energy efficiency) of buildings and improvements (including interim assistance, and financing public or private acquisition for reconstruction or rehabilitation, and reconstruction or rehabilitation, of privately owned properties, and including the renovation of closed school buildings); e. special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons; f. payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by activities under this chapter; g. disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this chapter or its retention for public purposes; departments, etc Sec. 5315 Interstate agreements or compacts; purposes Sec. 5316 Transition provisions Sec. 5317 Liquidation of superseded or inactive programs Sec. 5318 Urban development action grants Sec. 5319 Community participation in programs Sec. 5320 Historic preservation requirements Sec. 5321 Suspension of requirements for disaster areas Section 5318a (John Heinz Neighborhood Development Program) is not included Back to the Laws Page h. provision of public services, including but not limited to those concerned with employment, crime pre. v ncion, child care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government -(through funds raised by such unit, or received by such unit from the State in which it is portal.hud.gov/hudportal/HUD?src=/program offices/commolanning/communitydevelopment/rulesandregs/laws/sec5305 2/14 2/4/14 Sec. 5305." Activities eligible for assistance [* Section 105 of the Act]/U.S. Department of Housing and Urban Development (HUD) located) during any part of the twelve-month period immediately preceding the date of submission of the statement with respect to which funds are to be made available under this chapter, and which are to be used for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the unit of general local government, except that not more than 15 per centum of the amount of any assistance to a unit of general local government (or in the case of nonentitled communities not more than 15 per centum statewide) under this chapter including program income may be used for activities under this paragraph unless such unit of general local government used more than 15 percent of the assistance received under this chapter for fiscal year 1982 or fiscal year 1983 for such activities (excluding any assistance received pursuant to Public Law 98-8), in which case such unit of general local government may use not more than the percentage or amount of such assistance used for such activities for such fiscal year, whichever method of calculation yields the higher amount, except that of any amount of assistance under this chapter (including program income) in each of fiscal years 1993 through 2001 to the City of Los Angeles and County of Los Angeles, each such unit of general government may use not more than 25 percent in each such fiscal year for activities under this paragraph, and except that of any amount of assistance under this chapter (including program income) in each of the fiscal years 1999, 2000, and 2001, to the City of Miami, such city may use not more than 25 percent in each fiscal year for activities under this paragraph; Section 218 of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998 amended this paragraph by striking "1998" and inserting "1999", as shown, to extend the public services cap exception applicable to the City and County of Los Angeles through the end of fiscal year 1999. However, section 596 of such Act also amended this paragraph, but by striking "1998" and inserting "2000". The result of including both amendments in the same Act is unclear. i. payment of the non -Federal share required in connection portal.hud.gov/hudportal/HUD?src=/program offices/commjlanning/communitdevelopment/rulesandregs/laws/sec5305 3/14