24 C.F.R. Subpart E—Post-Designation Requirements
Title 24 - Housing and Urban Development
(a) HUD will award planning grants up to $100,000 to each of the Empowerment Zones designated in accordance with this part. (b) Eligible recipients for these grants are the lead unit of general local government that received designation under this part, or its designee. These recipients may subgrant all or part of the planning grant to qualified subgrantees, such as community organizations, agencies of local government, regional planning authorities, or planning consultants. (c) Eligible planning activities include: hiring and development of staff, consulting services, publication of materials, community outreach and participation, governing board training, and similar activities that are intended to: (1) Expand the planning capacity of the designee local government, the governing board, and/or participating entities, such as community organizations; (2) Help the designee plan the implementation of the strategic plan; and (3) Help the designee to develop its performance measurement process. (d) The document announcing the initiation of the designation process describes the procedures for award of these planning grants, post-award reporting requirements with respect to the grants, and the uniform requirements applicable to all Federal grants. Where an empowerment zone's strategic plan or any revision thereof proposes the use of EZ/EC SSBG funds for activities that are not excluded from environmental review under 24 CFR 50.19(b), an environmental review will be performed as required by applicable law. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and the lead-based paint requirements set forth at part 35, subparts A, B, J, K, and R of this title apply to the activities funded by HUD under this program. [69 FR 34275, June 21, 2004] After designation, an area designated an EZ must make available to the public copies of the strategic plan and supporting documentation and must conduct its meetings in accordance with applicable open meetings statutes. HUD may make the strategic plan and supporting documentation available to members of the public. (a) Empowerment Zones designated in accordance with this part must submit periodic reports to HUD. These reports must identify the community, local government and State actions that have been taken in accordance with the strategic plan and provide notice of updates and modifications to the strategic plan. In addition to these reports, such other information relating to designated Empowerment Zones as HUD requests from time to time, including information documenting nondiscrimination in hiring and employment by businesses within the designated Empowerment Zone, must be submitted promptly. (b) The States must submit periodic reports to HUD, demonstrating compliance with the certifications it is required to submit in accordance with this part. [63 FR 19155, Apr. 16, 1998, as amended at 63 FR 53262, Oct. 2, 1998] HUD will regularly evaluate the progress of implementation of the strategic plan in each designated Empowerment Zone on the basis of available information. HUD also may commission evaluations of the Empowerment Zone program as a whole by an impartial third party, at such intervals as HUD may establish. (a) On the basis of the periodic progress determinations described in §598.420, and subject to the provisions relating to the revocation of designation in §598.430, HUD will make findings on the continuing eligibility for and the validity of the designation of any Empowerment Zone. (b) HUD may approve an Empowerment Zone's request for boundary modification, subject to the requirements specified in subpart B of this part. (a) Basis for revocation. The Secretary may revoke the designation of an urban area as an Empowerment Zone if the Secretary determines, on the basis of the periodic progress determination described at §598.420, that the State(s) or local government(s) in which the urban area is located: (1) Has modified the boundaries of the area without written approval from HUD; (2) Has failed to make progress in implementing the strategic plan; or (3) Has not complied substantially with the strategic plan. (b) Letter of warning. Before revoking the designation of an urban area and an Empowerment Zone, the Secretary will issue a letter of warning to the nominating State(s) and local government(s), with a copy to all affected Federal agencies of which the Secretary is aware; (1) Advising that the Secretary has determined that the nominating local government(s) and/or State(s) has: (i) Modified the boundaries of the area without written approval from HUD; or (ii) Is not complying substantially with, or has failed to make progress in implementing the strategic plan; and (2) Requesting a reply from the nominating entities within 90 days of the receipt of this letter of warning. (c) Notice of revocation. To revoke the designation, the Secretary must issue a final notice of revocation of the designation of the urban area as an Empowerment Zone, after allowing 90 days from the date of receipt of the letter of warning for response, and after making a determination in accordance with paragraph (a) of this section. (d) Notice to affected Federal agencies. HUD will notify all affected Federal agencies of which it is aware, of its determination to revoke any designation in accordance with this section. (e) Effect of revocation. Upon revocation of an EZ's designation, the designation and remaining benefits may be awarded to the next highest ranked Round II applicant. (f) Publication. The final notice of revocation of designation will be published in the [63 FR 19155, Apr. 16, 1998, as amended at 63 FR 53262, Oct. 2, 1998]
Title 24: Housing and Urban Development
PART 598—URBAN EMPOWERMENT ZONES: ROUND TWO AND THREE DESIGNATIONS
Subpart E—Post-Designation Requirements
§ 598.400 HUD grants for planning activities.
§ 598.405 Environmental review.
§ 598.408 Lead-based paint requirements.
§ 598.410 Public access to materials and proceedings.
§ 598.415 Reporting.
§ 598.420 Periodic progress determinations.
§ 598.425 Validation of designation.
§ 598.430 Revocation of designation.
