24 C.F.R. PART 597—URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES: ROUND ONE DESIGNATIONS
Title 24 - Housing and Urban Development
Authority: 26 U.S.C. 1391; 42 U.S.C. 3535(d).
Source: 60 FR 3038, Jan. 12, 1995, unless otherwise noted.
(a) This part establishes policies and procedures applicable to urban Empowerment Zones and Enterprise Communities, authorized under subchapter U of the Internal Revenue Code of 1986, as amended, relating to the designation and treatment of Empowerment Zones, Enterprise Communities and Rural Development Investment Areas. (b) This part contains provisions relating to area requirements, the nomination process for urban Empowerment Zones and urban Enterprise Communities, and the designation and administration of these Zones and Communities by HUD. Provisions dealing with the nomination and designation of rural Empowerment Zones and Enterprise Communities will be promulgated by the Department of Agriculture. HUD and the Department of Agriculture will consult in all cases in which nominated areas possess both urban and rural characteristics, and will utilize a flexible approach in determining the appropriate designation. The purpose of this part is to provide for the establishment of Empowerment Zones and Enterprise Communities in urban areas, to stimulate the creation of new jobs, particularly for the disadvantaged and long-term unemployed, and to promote revitalization of economically distressed areas. The terms HUD and Secretary are defined in 24 CFR part 5. Designation means the process by which the Secretary designates urban areas as Empowerment Zones or Enterprise Communities eligible for tax incentives and credits established by subchapter U of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1391 et seq.) and for special consideration for programs of Federal assistance. Empowerment Zone means an urban area so designated by the Secretary pursuant to this part. Enterprise Community means an urban area so designated by the Secretary pursuant to this part. Local government means any county, city, town, township, parish, village, or other general purpose political subdivision of a State, and any combination of these political subdivisions which is recognized by the Secretary. Nominated area means an area nominated by one or more local governments and the State or States in which it is located for designation pursuant to this part. Population census tract means a census tract, or, if census tracts are not defined for the area, a block numbering area. Poverty means the number of persons listed as being in poverty in the 1990 Decennial Census. Revocation of designation means the process by which the Secretary may revoke the designation of an urban area as an Empowerment Zone or Enterprise Community pursuant to §597.403. State means any State of the United States. Strategic plan means a strategy developed and agreed to by the nominating local government(s) and State(s), which have provided certifications of their authority to adopt such a strategy in their application for nomination, in consultation and cooperation with the residents of the nominated are, pursuant to the provisions of §597.200(c). The plan must include written commitments from the local government(s) and State(s) that they will adhere to that strategy. Urban area means: (1) Any area that lies inside a Metropolitan Area (MA), as designated by the Office of Management and Budget; or (2) Any area outside an MA if the jurisdiction of the nominating local government has a population of 20,000 or more, or documents the urban character of the area. [60 FR 3038, Jan. 12, 1995, as amended at 61 FR 5211, Feb. 9, 1996; 63 FR 10715, Mar. 4, 1998] (a) Designation. The Secretary will review applications for the designation of nominated urban areas to determine the effectiveness of the strategic plans submitted by nominating State and local government(s) in accordance with §597.200(c). (b) Period of designation. The designation of an urban area as an Empowerment Zone or Enterprise Community shall remain in full effect during the period beginning on the date of designation and ending on the earliest of: (1) The close of the tenth calendar year beginning on or after the date of designation; (2) The termination date designated by the State and local governments in their application for nomination; or (3) The date the Secretary modifies or revokes the designation, in accordance with §597.402 or 597.403. [60 FR 3038, Jan. 12, 1995, as amended at 63 FR 10715, Mar. 4, 1998] A nominated urban area may be eligible for designation pursuant to this part only if the area: (a) Has a maximum population which is the lesser of: (1) 200,000; or (2) The greater of 50,000 or ten percent of the population of the most populous city located within the nominated area; (b) Is one of pervasive poverty, unemployment and general distress, as described in §597.102; (c) Does not exceed twenty square miles in total land area; (d) Has a continuous boundary, or consists of not more than three noncontiguous parcels; (e) Is located entirely within the jurisdiction of the unit or units of general local government making the nomination, and is located in no more than two contiguous States; and (f) Does not include any portion of a central business district, as this term is used in the most recent Census of Retail Trade, unless the poverty rate for each population census tract in the district is not less than 35 percent for an Empowerment Zone and 30 percent for an Enterprise Community. (a) Source of data. The data to be employed in determining eligibility pursuant to the criteria set forth at §597.102 shall be based upon the 1990 Decennial Census, and from information published by the Bureau of the Census and the Bureau of Labor Statistics. The data shall be comparable as to point or period of time and methodology employed. Specific information on appropriate data to be submitted will be provided in the application. (b) Use of statistics on boundaries. The boundary of an urban area nominated for designation as an Empowerment Zone or Enterprise Community must coincide with the boundaries of census tracts, or, where tracts are not defined, with block numbering areas. (a) Pervasive poverty. Pervasive poverty shall be demonstrated by the nominating entities by providing evidence that: (1) Poverty is widespread throughout the nominated area; or (2) Poverty has become entrenched or intractable over time (through comparison of 1980 and 1990 census data or other relevant evidence); or (3) That no portion of the nominated area contains any component areas of an affluent character. (b) Unemployment. Unemployment shall be demonstrated by: (1) Data indicating that the weighted average rate of unemployment for the nominated area is not less than the national average rate of unemployment; or (2) Evidence of especially severe economic conditions, such as military base or plant closings or other conditions which have brought about significant job dislocation within the nominated area. (c) General distress. General distress shall be evidenced by describing adverse conditions within the nominated urban area other than those of pervasive poverty and unemployment. A high incidence of crime, narcotics use, homelessness, abandoned housing, and deteriorated infrastructure or substantial population decline, are examples of appropriate indicators of general distress. (a) General. The poverty rate shall be established in accordance with the following criteria: (1) In each census tract within a nominated urban area, the poverty rate shall be not less than 20 percent; (2) For at least 90 percent of the population census tracts within the nominated urban area, the poverty rate shall not be less than 25 percent; and (3) For at least 50 percent of the population census tracts within the nominated urban area, the poverty rate shall be not less than 35 percent. (b) Special rules relating to the determination of poverty rate—(1) Census tracts with no population. Census tracts with no population shall be treated as having a poverty rate which meets the standards of paragraphs (a)(1) and (2) of this section, but shall be treated as having a zero poverty rate for purposes of applying paragraph (a)(3) of this section. (2) Census tracts with populations of less than 2,000. A population census tract which has a population of less than 2,000 shall be treated as having a poverty rate which meets the requirements of paragraphs (a)(1) and (a)(2) of this section if more than 75 percent of the tract is zoned for commercial or industrial use. (3) Adjustment of poverty rates for Enterprise Communities. Where necessary to carry out the purposes of this part, the Secretary may reduce by 5 percentage points one of the following thresholds for not more than 10 percent of the census tracts, or, if fewer, five population tracts in the nominated urban area: (i) The 20 percent threshold in paragraph (a)(1) of this section; (ii) The 25 percent threshold in paragraph (a)(2) of this section; and (iii) The 35 percent threshold in paragraph (a)(3) of this section; Provided that, the Secretary may in the alternative reduce the 35 percent threshold by 10 percentage points for three population census tracts. (4) Rounding up of percentages. In making the calculations required by this section, the Secretary shall round all fractional percentages of one-half percent or more up to the next highest whole percentage figure. (c) Noncontiguous areas. A nominated urban area may not contain a noncontiguous parcel unless such parcel separately meets the criteria set forth at paragraphs (a)(1), (2), and (3) of this section. (d) Areas not within census tracts. In the case of an area which does not have population census tracts, the block numbering area shall be used. (a) Nomination criteria. One or more local governments and the State or States in which an urban area is located may nominate such area for designation as an Empowerment Zone and/or as an Enterprise Community, if: (1) The urban area meets the requirements for eligibility set forth in §§597.100 and 597.103; (2) The urban area is within the jurisdiction of a State or States and local government(s) that have the authority to nominate the urban area for designation and that provide written assurances satisfactory to the Secretary that the strategic plan described in paragraph (c) of this section will be implemented; (3) All information furnished by the nominating State(s) and local government(s) is determined by the Secretary to be reasonably accurate; and (4) The State(s) and local government(s) certify that no portion of the area nominated is already included in an Empowerment Zone or Enterprise Community or in an area otherwise nominated to be designated under this section. (b) Nomination for designation. No urban area may be considered for designation pursuant to subpart D of this part unless the nomination for designation: (1) Demonstrates that the nominated urban area satisfies the eligibility criteria set forth at §597.100; (2) Includes a strategic plan, as described in paragraph (c) of this section; and (3) Includes such other information as may be required by HUD in the application or in a Notice Inviting Applications, to be published in the (c) Strategic plan. Each application for designation must be accompanied by a strategic plan, which must be developed in accordance with four key principles, which will also be utilized to evaluate the plan. These principles are: (1) Economic opportunity, including job creation within the community and throughout the region, as well as entrepreneurial initiatives, small business expansion and training for jobs that offer upward mobility; (2) Sustainable community development, to advance the creation of liveable and vibrant communities through comprehensive approaches that coordinate economic, physical, community and human development; (3) Community-based partnerships, involving the participation of all segments of the community, including the political and governmental leadership, community groups, health and social service groups, environmental groups, religious organizations, the private and non-profit sectors, centers of learning and other community institutions; and (4) Strategic vision for change, which identifies what the community will become and a strategic map for revitalization. The vision should build on assets and coordinate a response to community needs in a comprehensive fashion. It should also set goals and performance benchmarks for measuring progress and establish a framework for evaluating and adjusting the revitalization plan. (d) Elements of strategic plan. The strategic plan should: (1) Indicate and briefly describe the specific groups, organizations, and individuals participating in the production of the plan and describe the history of these groups in the community; (2) Explain how participants were selected and provide evidence that the participants, taken as a whole, broadly represent the racial, cultural and economic diversity of the community; (3) Describe the role of the participants in the creation, development and future implementation of the plan; (4) Identify two or three topics addressed in the plan that caused the most serious disagreements among participants and describe how those disagreements were resolved; (5) Explain how the community participated in choosing the area to be nominated and why the area was nominated; (6) Provide evidence that key participants have the capacity to implement the plan; (7) Provide a brief explanation of the community's vision for revitalizing the area; (8) Explain how the vision creates economic opportunity, encourages self-sufficiency and promotes sustainable community development; (9) Identify key needs of the area and the current barriers to achieving the vision for it, including a description of poverty and general distress, barriers to economic opportunity and development and barriers to human development; (10) Discuss how the vision is related to the assets and needs of the area and its surroundings; (11) Describe the ways in which the community's approaches to economic development, social/human services, transportation, housing, sustainable community development, public safety, drug abuse prevention, and educational and environmental concerns will be addressed in a coordinated fashion; and explain how these linkages support the community's vision; (12) Indicate how all Social Services Block Grant funds for designated Empowerment Zones and Enterprise Communities (EZ/EC SSBG funds) will be utilized. (i) In doing so, the strategic plan shall provide the following information: (A) A commitment by the applicant, as well as by the nominating State-chartered economic development corporation or State government(s) and local governments, that the EZ/EC SSBG funds will be used to supplement, not replace, other Federal or non-Federal funds available for financing for services or activities which can be used to achieve or maintain the goals outlined in paragraph (d)(12) of this section; (B) A description of the entities that will administer the EZ/EC SSBG funds; (C) A certification by such entities that they will provide periodic reports on the use of the EZ/EC SSBG funds; and (D) A detailed description of all the activities to be financed with the EZ/EC SSBG funds and how all such funds will be allocated. (ii) The EZ/EC SSBG funds must be used to achieve or maintain the following goals. The goals may be achieved by undertaking one or more of the following program options: (A) The goal of economic self-support to prevent, reduce or eliminate dependencies, through one or more of the following program options: (1) Funding community and economic development services focused on disadvantaged adults and youths, including skills training, transportation services and job, housing, business, and financial management counseling; (2) Supporting programs that promote home ownership, education or other routes to economic independence for low-income families, youths, and other individuals; (3) Assisting in the provision of emergency and transitional shelter for disadvantaged families, youths, and other individuals; (B) The goal of self-sufficiency, including reduction or prevention of dependencies, through one or more of the following program options: (1) Providing assistance to non-profit organizations and/or community and junior colleges that provide disadvantaged adults and youths with opportunities for short-term training courses in entrepreneurial and self employment skills and other training that promotes individual self-sufficiency, and the interest of the community; (2) Funding programs to provide training and employment for disadvantaged adults and youths in construction, rehabilitation or improvement of affordable housing, public infrastructure and community facilities; and (C) The goal of prevention or remedying the neglect, abuse or exploitation of children and/or adults unable to protect their own interest; and the goal of preservation, rehabilitation, or reuniting of families, through one or more of the following program options: (1) Providing support for residential or non-residential drug and alcohol prevention and treatment programs that offer comprehensive services for pregnant women, and mothers and their children; (2) Establishing programs that provide activities after school hours, including keeping school buildings open during evenings and weekends for mentor and study programs. (iii) Designated Empowerment Zone and Enterprise Communities may work to achieve or maintain the goals outlined in paragraphs (d)(12)(ii)(A) and (B) of this section by using EZ/EC SSBG funds to capitalize revolving or micro-enterprise loan funds which benefit low-income residents of the designated Empowerment Zones and Enterprise Communities. Similarly, the Zones and Communities may work to achieve or maintain the goals outlined in paragraphs (d)(12)(ii)(A) and (B) of this section by using the EZ/EC SSBG funds to create jobs and promote economic opportunity for low-income families and individuals through matching grants, loans, or investments in community development financial institutions. (iv) If the EZ/EC SSBG funds are to be used for program options not included in paragraph (d)(12)(ii) of this section, the strategic plan must indicate how the proposed activities meet the goals set forth in paragraph (d)(12)(ii) of this section and the reasons the approved program options were not pursued. (v) To the extent that the EZ/EC SSBG funds are to be used for the program options included in paragraph (d)(12)(ii) of this section, they may be used for the following activities, in addition to those activities permitted by section 2005 of the Social Security Act (42 U.S.C. 1379d): (A) To purchase or improve land or facilities; (B) To make cash payments to individuals for subsistence or room and board; (C) To make wage payments to individuals as a social service; (D) To make cash payments for medical care; and (E) To provide social services to institutionalized persons. (vi) The State must obligate the EZ/EC SSBG funds in accordance with the strategic plan within 2 years from the date of payment to the State, or remit the unobligated funds to the Secretary of Health and Human Services (HHS). (vii) The strategic plan must indicate how all the EZ/EC SSBG funds will be invested and used for the period of designation of the Empowerment Zone or Enterprise Community. (viii) The strategic plan must provide for periodic reporting of information by the State in which the Empowerment Zone or Enterprise Community is located. (13) Indicate how tax benefits for designated Zones and Communities, State and local resources, existing Federal resources available to the locality and additional Federal resources believed necessary to implement the strategic plan will be utilized within the Empowerment Zone or Enterprise Community; (14) Indicate a level of commitment necessary to ensure that these resources will be available to the area upon designation; (15) Identify the Federal resources applied for or for which applications are planned; if a strategic plan indicates how Community Development Block Grant (CDBG), HOME, Emergency Shelter Grant, and Housing Opportunities for People with AIDS (HOPWA) funds will be expended (for the entire locality including the nominated area), the strategic plan will be considered by the Office of Community Planning and Development at HUD toward satisfying the consolidated planning requirements that will soon be issued for these programs; (16) Identify private resources and support, including assistance from business, non-profit organizations and foundations, which are available to be leveraged with public resources; and provide assurances that these resources will be made available to the area upon designation; (17) Identify changes necessary to Federal rules and regulations necessary to implement the plan, including specific paperwork or other Federal program requirements that must be altered to permit effective implementation of the strategic plan; and (18) Identify specific regulatory and other impediments to implementing the strategic plan for which waivers are requested, with appropriate citations and an indication whether waivers can be accomplished administratively or require statutory changes; (19) Demonstrate how State and local governments will reinvent themselves to help implement the plan, by identifying changes that will be made in State and local organizations, processes and procedures, including laws and ordinances; (20) Explain how different agencies in State and local governments will work together in new responsive ways to implement the strategic plan; (21) Identify the specific tasks and timetable necessary to implement the plan; (22) Describe the partnerships that will be established to carry out the plan; (23) Explain how the plan will be regularly revised to reflect new information and opportunities; and (24) Identify benchmarks and goals that should be used in evaluating performance in implementing the plan. (e) Prohibition against business relocation. The strategic plan may not include any action to assist any establishment in relocating from one area outside the nominated urban area to the nominated urban area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if: (1) The establishment of a new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations; and (2) There is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operations. (f) Implementation of strategic plan. The strategic plan may be implemented by the local government(s) and/or by the State(s) nominating an urban area for designation and/or by nongovernmental entities identified in the strategic plan. Activities included in the plan may be funded from any source, Federal, State, local, or private, which provides assistance in the nominated area. (g) Activities included in strategic plan. A strategic plan may include, but is not limited to, activities which address: (1) Economic problems, through measures designed to create job training and employment opportunities; support for business start-up or expansion; or development of community institutions; (2) Human concerns, through the provision of social services, such as rehabilitation and treatment programs or the provision of training, education, or other services within the affected area; (3) Community needs, such as the expansion of housing stock and homeownership opportunities, efforts to reduce homelessness, efforts to promote fair housing and equal opportunity, efforts to reduce and prevent crime and improve security in the area; and (4) Physical improvements, such as the provision or improvement of recreational areas, transportation or other public services within the affected area, and improvements to the infrastructure and environmental protection. The strategic plan will be evaluated for effectiveness as part of the designation process for nominated urban areas described in §597.301. On the basis of this evaluation, HUD may negotiate reasonable modifications of the strategic plan or of the boundaries of a nominated urban area or the period for which such designation shall remain in full effect. The effectiveness of the strategic plan will be determined in accordance with the four key principles set forth in §597.200(c). HUD will review each plan submitted in terms of the four equally weighted key principles, and of such other elements of these key principles as are appropriate to address the opportunities and problems of each nominated area which may include: (a) Economic opportunity. (1) The extent to which businesses, jobs, and entrepreneurship increase within the Zone or Community; (2) The extent to which residents will achieve a real economic stake in the Zone or Community; (3) The extent to which residents will be employed in the process of implementing the plan and in all phases of economic and community development; (4) The extent to which residents will be linked with employers and jobs throughout the entire region or metropolitan area, and the way in which residents will receive training, assistance, and family support to become economically self-sufficient; (5) The extent to which economic revitalization in the Zone or Community interrelates with the broader regional or metropolitan economies; and (6) The extent to which lending and investment opportunities will increase within the Zone or Community through the establishment of mechanisms to encourage community investment and to create new economic growth. (b) Sustainable community development—(1) Consolidated planning. The extent to which the plan is part of a larger strategic community development plan for the nominating locality and is consistent with broader regional development strategies; (2) Public safety. The extent to which strategies such as community policing will be used to guarantee the basic safety and security of persons and property within the Zone or Community; (3) Amenities and design. The extent to which the plan considers issues of design and amenities that will foster a sustainable community, such as open spaces, recreational areas, cultural institutions, transportation, energy, land and water uses, waste management, environmental protection, and the quality of life in the community; (4) Sustainable development. The extent to which economic development will be achieved in a manner that protects public health and the environment; (5) Supporting families. The extent to which the strengths of families will be supported so that parents can succeed at work, provide nurture in the home, and contribute to the life of the community; (6) Youth development. The extent to which the development of children, youth, and young adults into economically productive and socially responsible adults will be promoted, and the extent to which young people will be provided with the opportunity to take responsibility for learning the skills, discipline, attitude, and initiative to make work rewarding; (7) Education goals. The extent to which schools, religious institutions, non-profit organizations, for-profit enterprises, local governments and families will work cooperatively to provide all individuals with the fundamental skills and knowledge they need to become active participants and contributors to their community, and to succeed in an increasingly competitive global economy; (8) Affordable housing. The extent to which a housing component, providing for adequate safe housing and ensuring that all residents will have equal access to that housing is contained in the strategic plan; (9) Drug abuse. The extent to which the plan addresses levels of drug abuse and drug related activity through the expansion of drug treatment services, drug law enforcement initiatives and community based drug abuse education programs; (10) Equal opportunity. The extent to which the plan offers an opportunity for diverse residents to participate in the rewards and responsibilities of work and service. The extent to which the plan ensures that no business within a nominated Zone or Community will directly or through contractual or other arrangements subject a person to discrimination on the basis of race, color, national origin, gender or disability in its employment practices, including recruitment, recruitment advertising, employment, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, or use of facilities. (c) Community-based partnerships—(1) Community partners. The extent to which residents of the nominated area have participated in the development of the strategic plan and their commitment to implementing it, and the extent to which community-based organizations in the nominated area have participated in the development of the plan and their record of success measured by their achievements and support for undertakings within the nominated area; and the extent to which the plan integrates the local educational, social, civic, environmental and health organizations and reflects the prominent place that these institutions play in the life of a revitalized community; (2) Private and non-profit organizations as partners. The extent to which partnership arrangements include commitments from private and non-profit organizations, including corporations, utilities, banks and other financial institutions, and educational institutions supporting implementation of the strategic plan; (3) State and local government partners. The extent to which State and local governments are committed to providing support to implement the strategic plan, including their commitment to “reinventing” their roles and coordinating programs to implement the strategic plan; and (4) Permanent implementation and evaluation structure. The extent to which a responsible and accountable implementation structure or process has been created to ensure that the plan is successfully carried out and that improvements are made throughout the period of the Zone or Community's designation and the extent to which the partners agree to be bound by their commitments. (d) Strategic vision for change—(1) Goals and coordinated strategy. The extent to which the strategic plan reflects a projection for the community's revitalization which links economic, human, physical, community development and other activities in a mutually reinforcing, synergistic way to achieve ultimate goals; (2) Creativity and innovation. The extent to which the activities proposed in the plan are creative, innovative and promising and will promote the civic spirit necessary to revitalize the nominated area; (3) Building on assets. The extent to which the vision for revitalization realistically addresses the needs of the nominated area in a way that takes advantage of its assets; (4) Benchmarks and learning. The extent to which the plan includes performance benchmarks for measuring progress in its implementation, including an on-going process for adjustments, corrections and building on what works. (a) General. A nomination for designation as an Empowerment Zone and/or Enterprise Community must be submitted for each urban area for which such designation is requested. The nomination shall be submitted in a form to be prescribed by HUD in the application and in the Notice Inviting Applications published in the (b) Certifications. Certifications must be submitted by the State(s) and local government(s) requesting designation stating that: (1) The nominated urban area satisfies the boundary tests of §597.100(d); (2) The nominated urban area is one of pervasive poverty, unemployment and general distress, as prescribed by §597.102; (3) The nominated urban area satisfies the poverty rate tests set forth in §597.103; (4) The nominated urban area contains no portion of an area that is either already designated as an Empowerment Zone and/or Enterprise Community, or is otherwise included in any other area nominated for designation as an Empowerment Zone and/or Enterprise Community; (5) Each nominating governmental entity has the authority to: (i) Nominate the urban area for designation as an Empowerment Zone and/or Enterprise Community; (ii) Make the State and local commitments required by §597.200(d); and (iii) Provide written assurances satisfactory to the Secretary that these commitments will be met. (6) Provide assurances that the amounts provided to the State for the area under section 2007 of title XX of the Social Security Act will not be used to supplant Federal or non-Federal funds for services and activities which promote the purposes of section 2007; (7) Provide that the nominating governments or corporations agree to make available all information requested by HUD to aid in the evaluation of progress in implementing the strategic plan and reporting on the use of Empowerment Zone/Enterprise Community Social Service Block Grant funds; and (8) Provide assurances that the nominating State(s) agrees to distribute the Empowerment Zone/Enterprise Community Social Service Block Grant funds in accordance with the strategic plan submitted for the designated Zone or Community. (c) Maps and area description. Maps and a general description of the nominated urban area shall accompany the nomination request. (a) Establishment of submission procedures. HUD will establish a time period and procedures for the submission of nominations for designation as Empowerment Zones or Enterprise Communities, including submission deadlines and addresses, in a Notice Inviting Applications, to be published in the (b) Acceptance for processing. (1) HUD will accept for processing those nominations for designation as Empowerment Zones or Enterprise Communities which HUD determines have met the criteria required by this part. HUD will notify the State(s) and local government(s) whether or not the nomination has been accepted for processing. The criteria for acceptance for processing are as follows: (2) The nomination for designation as an Empowerment Zone or Enterprise Community must be received by HUD on or before the time on the date established by the Notice Inviting Applications published in the (c) Evaluation of nominations. In the process of reviewing each nomination accepted for processing, HUD may undertake a site visit(s) to any nominated area to aid in the process of evaluation. (d) Modification of the strategic plan, boundaries of nominated urban areas, and/or period during which designation is in effect. Subject to the limitations imposed by §597.100, HUD may negotiate reasonable modifications of the strategic plan, the proposed boundaries of a nominated urban area, or the term for which a designation is to remain in full effect, to ensure maximum efficiency and fairness in the provision of assistance to such areas. (e) Publication of designations. Announcements of those nominated urban areas designated as Empowerment Zones or Enterprise Communities will be made by publication of a Notice in the (a) Selection factors. In choosing among nominated urban areas eligible for designation, the Secretary shall consider: (1) The effectiveness of the strategic plan in accordance with the key principles and evaluative criteria set out in §597.201; (2) The effectiveness of the assurances made pursuant to §597.200(a)(2) that the strategic plan will be implemented; (3) The extent to which an application proposes activities that are creative and innovative in comparison to other applications; and (4) Such other factors established by HUD. Such factors include, but are not limited to, the degree of need demonstrated by the nominated area for assistance under this part. If other factors are established by HUD, a (b) Geographic diversity. HUD, in its discretion, may choose to select for designation a lower rated approvable application over a higher rated application in order to increase the level of geographic diversity of designations approved under this part. HUD will require periodic reports for the Empowerment Zones and Enterprise Communities designated pursuant to this part. These reports will identify the community, local government and State actions which have been taken in accordance with the strategic plan. In addition to these reports, such other information relating to designated Empowerment Zones and Enterprise Communities as HUD shall request from time to time, including information documenting nondiscrimination in hiring and employment by businesses within the designated Empowerment Zone or Enterprise Community, shall be submitted promptly. HUD will regularly evaluate the progress of the strategic plan in each designated Empowerment Zone and Enterprise Community on the basis of performance reviews to be conducted on site and other information submitted. HUD will also commission evaluations of the Empowerment Zone program as a whole by an impartial third party, at such intervals as HUD may establish. (a) Reevaluation of designations. On the basis of the performance reviews described in §597.401, and subject to the provisions relating to the revocation of designation appearing at §597.403, HUD will make findings on the continuing eligibility for and the validity of the designation of any Empowerment Zone or Enterprise Community. Determinations of whether any designated Empowerment Zone or Enterprise Community remains in good standing shall be promptly communicated to all Federal agencies providing assistance or administering programs under which assistance can be made available in such Zone or Community. (b) Modification of designation. Based on an urban area's success in carrying out its strategic plan, and subject to the provisions relating to revocation of designation appearing at §597.403 and the requirements as to the number, maximum population and other characteristics of urban Empowerment Zones set forth in §597.3, the Secretary may modify designations by reclassifying urban Empowerment Zones as Enterprise Communities or Enterprise Communities as Empowerment Zones. (a) Basis for revocation. The Secretary may revoke the designation of an urban area as an Empowerment Zone or Enterprise Community if the Secretary determines, on the basis of the periodic performance review described at §597.401, that the State(s) or local government(s) in which the urban area is located: (1) Has modified the boundaries of the area; (2) Has failed to make progress in achieving the benchmarks set forth in 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 as an Empowerment Zone or Enterprise Community, the Secretary will issue a letter of warning to the nominating State(s) and local government(s): (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; or (ii) Is not complying substantially with, or has failed to make progress in achieving the benchmarks set forth in the strategic plan prepared pursuant to §597.200(c); and (2) Requesting a reply from all involved parties within 90 days of the receipt of this letter of warning. (c) Notice of revocation. After allowing 90 days from the date of receipt of the letter of warning for response, and after making a determination pursuant to paragraph (a) of this section, the Secretary may issue a final notice of revocation of the designation of the urban area as an Empowerment Zone or Enterprise Community. (d) Notice to affected Federal agencies. HUD will notify all affected Federal agencies providing assistance in an urban Empowerment Zone or Enterprise Community of its determination to revoke any designation pursuant to this section or to modify a designation pursuant to §597.402(b). No urban Empowerment Zone or Enterprise Community may include any area within an Indian reservation. If more than one State or local government seeks to nominate an urban area under this part, any reference to or requirement of this part shall apply to all such governments. Any urban area nominated by an Economic Development Corporation chartered by the State in which it is located or by the District of Columbia shall be treated as nominated by a State and local government. Population and poverty rate data shall be determined by the most recent decennial census data available.
Title 24: Housing and Urban Development
PART 597—URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES: ROUND ONE DESIGNATIONS
Section Contents
§ 597.1 Applicability and scope.
§ 597.2 Objective and purpose.
§ 597.3 Definitions.
§ 597.4 Secretarial review and designation.
§ 597.100 Eligibility requirements and data usage.
§ 597.101 Data utilized for eligibility determinations.
§ 597.102 Tests of pervasive poverty, unemployment and general distress.
§ 597.103 Poverty rate.
§ 597.200 Nominations by State and local governments.
§ 597.201 Evaluating the strategic plan.
§ 597.202 Submission of nominations for designation.
§ 597.300 HUD action and review of nominations for designation.
§ 597.301 Selection factors for designation of nominated urban areas.
§ 597.400 Reporting.
§ 597.401 Periodic performance reviews.
§ 597.402 Validation of designation.
§ 597.403 Revocation of designation.
§ 597.500 Indian Reservations.
§ 597.501 Governments.
§ 597.502 Nominations by economic development corporations or the District of Columbia.
§ 597.503 Use of census data.
Subpart A—General Provisions
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§ 597.1 Applicability and scope.
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§ 597.2 Objective and purpose.
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§ 597.3 Definitions.
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§ 597.4 Secretarial review and designation.
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Subpart B—Area Requirements
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§ 597.100 Eligibility requirements and data usage.
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§ 597.101 Data utilized for eligibility determinations.
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§ 597.102 Tests of pervasive poverty, unemployment and general distress.
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§ 597.103 Poverty rate.
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Subpart C—Nomination Procedure
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§ 597.200 Nominations by State and local governments.
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§ 597.201 Evaluating the strategic plan.
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§ 597.202 Submission of nominations for designation.
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Subpart D—Designation Process
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§ 597.300 HUD action and review of nominations for designation.
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§ 597.301 Selection factors for designation of nominated urban areas.
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Subpart E—Post-Designation Requirements
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§ 597.400 Reporting.
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§ 597.401 Periodic performance reviews.
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§ 597.402 Validation of designation.
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§ 597.403 Revocation of designation.
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Subpart F—Special Rules
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§ 597.500 Indian Reservations.
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§ 597.501 Governments.
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§ 597.502 Nominations by economic development corporations or the District of Columbia.
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§ 597.503 Use of census data.
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