§ 5318.
(c)
Applications; documentation of eligibility; proposed plan; assurance of notice and comment; assurance of consideration on historical landmarks
Applications for assistance under this section shall—
(1)
in the case of an application for a grant under subsection (b)(2), include documentation of grant eligibility in accordance with the standards described in that subsection;
(2)
set forth the activities for which assistance is sought, including (A) an estimate of the costs and general location of the activities; (B) a summary of the public and private resources which are expected to be made available in connection with the activities, including how the activities will take advantage of unique opportunities to attract private investment; and (C) an analysis of the economic benefits which the activities are expected to produce;
(3)
contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application, (A) has held public hearings to obtain the views of citizens, particularly residents of the area in which the proposed activities are to be carried out; (B) has analyzed the impact of these proposed activities on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood in which they are to be carried out; and (C) has made available the analysis described in clause (B) to any interested person or organization residing or located in the neighborhood in which the proposed activities are to be carried out; and
(4)
contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application, (A) has identified all properties, if any, which are included on the National Register of Historic Places and which, as determined by the applicant, will be affected by the project for which the application is made; (B) has identified all other properties, if any, which will be affected by such project and which, as determined by the applicant, may meet the criteria established by the Secretary of the Interior for inclusion on such Register, together with documentation relating to the inclusion of such properties on the Register; (C) has determined the effect, as determined by the applicant, of the project on the properties identified pursuant to clauses (A) and (B); and (D) will comply with the requirements of
section 5320 of this title.
(e)
Limitations on power of Secretary to approve grants; waiver
The Secretary may not approve any grant to a city or urban county eligible under subsection (b)(2) unless—
(1)
the grant will be used in connection with a project located in an area described in subsection (b)(2), except that the Secretary may waive this requirement where the Secretary determines (A) that there is no suitable site for the project within that area, (B) the project will be located directly adjacent to that area, and (C) the project will contribute substantially to the economic development of that area;
(2)
the city or urban county has demonstrated to the satisfaction of the Secretary that basic services supplied by the city or urban county to the area described in subsection (b)(2) are at least equivalent, as measured by per capita expenditures, to those supplied to other areas within the city or urban county which are similar in population size and physical characteristics and which have median incomes above the median income for the city or urban county;
(3)
the grant will be used in connection with a project which will directly benefit the low- and moderate-income families and individuals residing in the area described in subsection (b)(2); and
(4)
the city or urban county makes available, from its own funds or from funds received from the State or under any Federal program which permits the use of financial assistance to meet the non-Federal share requirements of Federal grant-in-aid programs, an amount equal to 20 per centum of the grant to be available under this section to be used in carrying out the activities described in the application.
([Pub. L. 93–383, title I, § 119], as added [Pub. L. 95–128, title I, § 110(b)], Oct. 12, 1977, [91 Stat. 1125]; amended [Pub. L. 95–557, title I, § 103(g)], (h), Oct. 31, 1978, [92 Stat. 2084]; [Pub. L. 96–153, title I], §§ 104, 105, Dec. 21, 1979, [93 Stat. 1102], 1104; [Pub. L. 96–399, title I], §§ 110(a), (b), 117(a), Oct. 8, 1980, [94 Stat. 1619], 1623; [Pub. L. 97–35, title III, § 308(a)], Aug. 13, 1981, [95 Stat. 392]; [Pub. L. 98–181, title I] [title I, § 121], Nov. 30, 1983, [97 Stat. 1168]; [Pub. L. 98–454, title VI, § 601(c)], Oct. 5, 1984, [98 Stat. 1736]; [Pub. L. 98–479, title II, § 203](l)(3), Oct. 17, 1984, [98 Stat. 2231]; [Pub. L. 99–272, title XIV, § 14001(b)(6)], Apr. 7, 1986, [100 Stat. 329]; [Pub. L. 99–500, § 101(g)], Oct. 18, 1986, [100 Stat. 1783–242], and [Pub. L. 99–591, § 101(g)], Oct. 30, 1986, [100 Stat. 3341–242]; [Pub. L. 100–202], §§ 101(f) [title I, § 101], 106, Dec. 22, 1987, [101 Stat. 1329–187], 1329–193, 1329–433; [Pub. L. 100–242, title V], §§ 501(c), 515(a)–(d), (g)(2)–(i), 516(a), Feb. 5, 1988, [101 Stat. 1923], 1930–1934; [Pub. L. 100–404, title I], Aug. 19, 1988, [102 Stat. 1020]; [Pub. L. 100–628, title X, § 1084], Nov. 7, 1988, [102 Stat. 3277]; [Pub. L. 103–233, title II, § 232(b)], (c)(1), Apr. 11, 1994, [108 Stat. 367].)