North Carolina Administrative Code

04 NCAC 19L .0408 SPECIAL ALLOCATIONS FROM HUD Periodically the Department may receive from HUD special allocations of CDBG funds that are separate from its annual funding allocation to meet specific community development needs and priorities. The Division will consult with local…

section .0500 – community revitalization projects 04 NCAC 19L .0501 DESCRIPTION (a) The Community Revitalization category includes activities in which a majority of funds is directed towards improving, preserving or developing residential areas. All eligible CDBG activities may b…

04 NCAC 19L .0502 ELIGIBILITY REQUIREMENTS (a) Applications for concentrated needs subcategory funds must show that: (1) At least 51 percent of the CDBG funds proposed for each project shall benefit low- and moderate-income persons, except that CDBG funds proposed for local optio…

04 NCAC 19L .0505 SELECTION CRITERIA Projects shall be evaluated and rated in accordance with the following rating factors: (1) benefit to low and moderate income persons, (2) project severity of need, (3) project treatment of need, (4) appropriateness and feasibility of proposed…

04 NCAC 19L .0506 TARGETING History Note: Authority G.S. 143-323; 42 U.S.C.A. 5301; 24 C.F.R. 570.489; Eff. July 1, 1982; Repealed Eff. October 1, 1984.

04 NCAC 19L .0605 SELECTION CRITERIA History Note: Authority G.S. 143-323; 42 U.S.C.A. 5304(a)(1); 24 C.F.R. 570.489; Eff. July 1, 1982; Amended Eff. March 1, 1984; April 1, 1983; Repealed Eff. March 1, 1986.

04 NCAC 19L .0606 TARGETING History Note: Authority G.S. 143-323; 24 C.F.R. 570.489; Eff. July 1, 1982; Repealed Eff. October 1, 1984.

04 NCAC 19L .0607 PRELIMINARY AWARDS History Note: Authority G.S. 143-323; 42 U.S.C.A. 5301; Eff. March 1, 1984; Repealed Eff. March 1, 1986.

04 NCAC 19L .0705 SELECTION CRITERIA History Note: Authority G.S. 143-323; 143B-10; 42 U.S.C.A. 5304(a)(1); 24 C.F.R. 570.489; Eff. July 1, 1982; Amended Eff. March 1, 1986; March 1, 1984; April 1, 1983; Repealed Eff. May 1, 1992.

04 NCAC 19L .0706 DEFINITION Demonstration grants are provided to assist local governments to develop innovative strategies for addressing specific community development needs and priorities. History Note: Authority G.S. 143-323; 143B-10; 42 U.S.C.A. 5301; 24 C.F.R. 570.489; Eff.…

04 NCAC 19L .0707 ELIGIBILITY REQUIREMENTS (a) Applications for Demonstration Projects must show that: (1) the proposed project meets a national objective in accordance with 24 CFR 570.483; and (2) the proposed project meets the specific purpose and priorities adopted by the Gene…

04 NCAC 19L .0708 SELECTION CRITERIA Selection criteria for demonstration grants shall be: (1) Benefit to low and moderate income people. (2) Eligibility of activities. (3) Project feasibility. History Note: Authority G.S. 143-323; 143B-10; 42 U.S.C.A. 5301; 24 C.F.R. 570.489; Ef…

SECTION .0800 - URGENT NEEDS/CONTINGENCY PROJECTS 04 NCAC 19L .0801 DESCRIPTION Urgent Needs grants are provided to localities to meet certain community development needs that have a particular urgency because conditions pose a serious and immediate threat to the health and welfa…

04 NCAC 19L .0802 ELIGIBILITY REQUIREMENTS Urgent Needs grant applicants must meet all four of the following eligibility requirements: (1) the need addressed by the application must have arisen during the preceding 18-month period and represent an imminent threat to public health…

04 NCAC 19L .0805 SELECTION CRITERIA Selection of Urgent Needs grant recipients will be based upon availability of funds and eligibility requirements as presented in Rule .0802 of this Subchapter. History Note: Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 5304(a)(1); 24 C.F.R. 5…

section .0900 – grant administration 04 NCAC 19L .0901 GRANT AGREEMENT (a) Upon approval of the application by the Division, a written grant agreement shall be executed between the recipient and the Division. These Rules, the approved application, and any subsequent amendments to…

04 NCAC 19L .0902 METHOD OF ADMINISTRATION (a) Recipients may delegate to statutorily authorized subrecipients the responsibility of undertaking or carrying out any specified community development activities. All entities so designated under this Paragraph by recipients to undert…

04 NCAC 19L .0903 METHOD OF PAYMENT (a) Advance payments will be made by the Department to recipients when the following conditions are met: (1) The recipient has demonstrated to the Secretary, initially through certification in a form prescribed by the Department and subsequentl…

04 NCAC 19L .0904 ESCROW ACCOUNTS History Note: Authority G.S. 143B-10; 143B-431; 159-7 through 159-38; 24 C.F.R. 570.494; 24 C.F.R. 570.496; 42 U.S.C.A. 5304(b),(d),(e); Eff. July 1, 1982; Amended Eff. May 1, 1992; March 1, 1984; April 1, 1983; Repealed Eff. March 1, 1995.

04 NCAC 19L .0905 LUMP SUM DRAWDOWN FOR PROPERTY REHABILITATION History Note: Authority G.S. 143-323; 143B-10; 42 U.S.C.A. 5304(g); 24 C.F.R. 570.489; 24 C.F.R. 570.494; Eff. July 1, 1982; Amended Eff. September 1, 1990; May 1, 1988; March 1, 1984; April 1, 1983; Repealed Eff. Ju…

04 NCAC 19L .0906 FINANCIAL MANAGEMENT SYSTEMS Recipient financial management systems shall provide for accurate, current and complete disclosure of the financial results of each grant program in accordance with fiscal control and reporting requirements set forth in G.S. 159, Art…

04 NCAC 19L .0907 PROGRAM INCOME (a) Definition. Program Income is defined as gross income earned by the recipient from grant supported activities. Such earnings may include, but not be limited to, sale of property, interest received from a loan program, and the return of sales t…

04 NCAC 19L .0908 PROCUREMENT STANDARDS (a) Local governments shall follow the procurement standards established in the Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments (24 C.F.R., Part 85) and HU…

04 NCAC 19L .0909 PROPERTY MANAGEMENT STANDARDS This Rule prescribes uniform standards governing the use and disposition of property acquired in whole or in part with Community Development Block Grant funds. (1) Definitions. (a) "Real property" means land, including land improvem…

04 NCAC 19L .0910 PROGRAM AMENDMENTS (a) Community development program amendments. Recipients shall request prior Division approval for all program amendments when: (1) The recipient proposes to change the approved project budget amount for any activity by more than 10 percent of…

04 NCAC 19L .0911 RECORDKEEPING (a) The Secretary of the Department of Commerce, the Secretary of the Department of Housing and Urban Development, or any of their duly authorized representatives shall have access to all books, accounts, records, reports, files, and other papers o…

04 NCAC 19L .0912 AUDIT (a) The recipient's financial management systems shall provide for audits to be made by the recipient or at the recipient's direction, in accordance with the following: (1) The recipient shall provide for an audit of its CDBG program on an annual basis for…

04 NCAC 19L .0913 GRANT CLOSEOUTS (a) Initiation of closeout. The Division will advise the recipient to initiate closeout procedures when the Division determines, in consultation with the recipient, that there are no impediments to closeout and that the following criteria have be…

04 NCAC 19L .0914 CONFLICT OF INTEREST In all cases not governed under Rule .0908 of this Section regarding procurement procedures, recipients shall meet the requirements of HUD implementing regulations contained in 24 CFR 570.489(h). For the purposes of this Rule, the following …

SECTION .1000 - COMPLIANCE REQUIREMENTS 04 NCAC 19L .1001 EQUAL OPPORTUNITY AND NONDISCRIMINATION No person shall on the grounds of race, color, national origin, sex, religion, handicap or familial status be excluded from participation in, be denied the benefit of, or be subjecte…

04 NCAC 19L .1002 CITIZEN PARTICIPATION (a) Each applicant and recipient shall provide citizens with an opportunity for meaningful involvement on a continuing basis and for participation in the planning, implementation and assessment of the program. Each applicant and recipient s…

04 NCAC 19L .1003 ACQUISITION AND RELOCATION (a) The purpose of this Rule is to insure that owners of real property to be acquired under the provisions of this Subchapter are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to…

04 NCAC 19L .1004 ENVIRONMENTAL REVIEW (a) Applicants and recipients shall comply with the policies of the National Environmental Policy Act of 1969 and all other applicable provisions of Federal and State law which further the purposes of such act (as specified in 24 C.F.R. Part…

04 NCAC 19L .1005 HISTORIC PRESERVATION History Note: Authority G.S. 70-1 through 70-3; 113A; 121-12; 143-323; 24 C.F.R. 570-496; 42 U.S.C.A. 5304(b)(4); 42 U.S.C.A. 5321; Eff. July 1, 1982; Amended Eff. April 1, 1983; Repealed Eff. October 1, 1984.

04 NCAC 19L .1006 LABOR STANDARDS (a) The following labor standards provisions outline the responsibilities of the recipient concerning the payment of wages, contract work hours, safety, health standards, and equal opportunity for programs governed under this Subchapter. Recipien…

04 NCAC 19L .1007 ARCHITECTURAL BARRIERS All buildings or facilities (other than privately owned residential structures) designed, constructed or altered with CDBG funds shall be made accessible and useable to the physically handicapped. (1) Recipients must comply with the follow…

04 NCAC 19L .1008 HATCH ACT All recipients shall comply with the Hatch Act (P.L. 76-252) as amended, which limits the political activities of employees. This act prevents recipients, local CDBG program officials or other personnel employed by a CDBG program from undertaking certa…

04 NCAC 19L .1009 HOUSING REHABILITATION (a) Grant assistance may be used for housing rehabilitation activities eligible under Rule .0301 of this Subchapter. (b) The local government shall provide a work write up which precisely defines the rehabilitation work to be undertaken to…

04 NCAC 19L .1010 NATIONAL FLOOD INSURANCE PROGRAM (a) No CDBG funds shall be used for acquisition or construction purposes as defined under section 3(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) in any area that has been identified as an area having special floo…

04 NCAC 19L .1011 LEAD-BASED PAINT (a) The recipient must comply with the Lead-Based Paint Poisoning Prevention Act [42 U.S.C. 4831(b)], 24 CFR Part 570.608, and 24 CFR Part 35, including provisions and subsequent amendments of the above: (1) prohibiting the use of lead-based pai…

04 NCAC 19L .1012 CLEARINGHOUSE REVIEW (a) Applications for funding under this Subchapter may be submitted by the Division to the appropriate state clearinghouse agencies. (b) Comments containing any findings of inconsistency with state or local plans, significant adverse urban i…

04 NCAC 19L .1013 COMMUNITY DEVELOPMENT PLAN (a) Recipients shall develop a Community Development Plan that identifies community development and housing needs, including the needs of low- and moderate-income persons, and activities to be undertaken to meet such needs. (b) The Com…

SECTION .1100 - PERFORMANCE 04 NCAC 19L .1101 REPORTING (a) Recipients shall submit an Annual Performance Report at the close of each fiscal year concurrently with the annual audit of the program required by Rule .0912 of this Subchapter. Failure to provide the APR and audit with…

04 NCAC 19L .1102 MONITORING BY THE RECIPIENT Recipients shall constantly monitor the performance under grant-supported activities to assure that time schedules are being met, projected work units by time periods are being accomplished, and other performance goals are being achie…

04 NCAC 19L .1103 MONITORING BY THE DIVISION (a) The Secretary shall, in addition to the annual audit, evaluate programs conducted under this Subchapter and their effectiveness in meeting the objectives of the CDBG Program. (b) The Secretary may conduct such evaluation using Divi…

04 NCAC 19L .1104 REMEDIES (a) When the Secretary determines on the basis of a review of a recipient's performance that the objectives of the program, as well as the objectives as described in its application, have not been met, the Secretary may take one or more of the actions a…

04 NCAC 19L .1105 ADMINISTRATIVE HEARINGS (a) Recipients may contest Departmental actions with respect to this Subchapter under the Contested Case Hearing Procedures set forth in G.S. 150B and 26 NCAC 3 - Office of Administrative Hearings, Hearings Division. (b) The Department ma…

SECTION .1200 - CONTINGENCY PROJECTS 04 NCAC 19L .1201 DESCRIPTION Contingency projects are those projects which, in the judgment of the Secretary, are deemed to meet community development needs of the applicant. History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 570.482; …

04 NCAC 19L .1202 ELIGIBILITY REQUIREMENTS Applicants must meet the eligibility requirements described in Rule .0502. History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 570.482; Eff. March 1, 1986; Amended Eff. June 1, 1994; May 1, 1992; Pursuant to G.S. 150B-21.3A, rule i…

04 NCAC 19L .1203 SELECTION CRITERIA Consideration for contingency grants will be given to applications at the discretion of the Secretary. Applicants will be selected for consideration by the Department. History Note: Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 5304(a)(1); 24 …