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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 80

OREGON COMMUNITY DEVELOPMENT BLOCK GRANT (OCDBG) PROGRAM

123-080-0000

Purpose

The Oregon Business Development Department (Department) through its Infrastructure Finance Authortiy (Authority) shall administer the state's participation in the federal Community Development Block Grant funding program authorized by 42 United States Code 5301 et. seq.

(2) Oregon Community Development Block Grants (OCDBG) are funded by annual allocations to the state from the U.S. Department of Housing and Urban Development (HUD) and program income generated by the grants. The primary objective of the federal community development block grant program is "...the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income..." (Title I, Sec. 101(c), Housing and Community Development Act of 1974, as amended (42 United States Code 5301 et seq.)). The primary objective of Oregon's Community Development Block Grant program is to enhance the quality of life in Oregon communities.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.075
Hist.: IRD 2-1986(Temp), f. & ef. 1-14-86; IRD 8-1986, f. 6-30-86, ef. 7-1-86; Renumbered from 120-021-0000; EDD 5-1991, f. & cert. ef. 5-24-91; EDD 2-1994, f. & cert. ef. 2-3-94; EDD 12-1999, f. & cert. ef. 10-11-99; EDD 3-2001, f. & cert. ef. 4-10-01; EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10

123-080-0010

Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise the following definitions apply:

(1) "Act": The Housing and Community Development Act of 1974, as amended.

(2) "Applicant": A city or county which is applying for a grant from the OCDBG program.

(3) "Entitlement jurisdictions": Metropolitan cities and urban counties, as defined in 42 United States Code 5302.

(4) "Non-entitlement Area": All Oregon cities and counties, not including Indian Tribes, except those designated as entitlement jurisdictions by HUD.

(5) "Recipient": A city or county which has been awarded a Community Development Block Grant.

(6) "Slums and Blight": As defined in ORS 457.010 and 24 Code of Federal Regulations (CFR) 24 CFR 570.483(c).

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.075
Hist.: IRD 2-1986(Temp), f. & ef. 1-14-86; IRD 8-1986, f. 6-30-86, ef. 7-1-86; Renumbered from 120-021-0002; EDD 5-1991, f. & cert. ef. 5-24-91; EDD 3-1993, f. & cert. ef. 3-30-93; EDD 2-1994, f. & cert. ef. 2-3-94; ED 1-1995, f. 1-31-95, cert. ef. 2-1-95; EDD 12-1999, f. & cert. ef. 10-11-99; EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10

123-080-0020

Eligible Applicants and Activities

(1) All cities and counties in non-entitlement areas of Oregon are eligible to apply for Community Development Block Grants except those determined to be ineligible by the Department because of nonperformance under a prior Community Development Block Grant contract.

(2) Eligible activities are listed in section 105(a) of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and further defined in 24 CFR Part 570.482.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.075
Hist.: IRD 2-1986(Temp), f. & ef. 1-14-86; IRD 8-1986, f. 6-30-86, ef. 7-1-86; Renumbered from 120-021-0005; EDD 5-1991, f. & cert. ef. 5-24-91; EDD 12-1999, f. & cert. ef. 10-11-99; EDD 3-2001, f. & cert. ef. 4-10-01

123-080-0030

Program Information

(1) The Authority shall prepare an Application Package each year. The Application Package shall contain the method of distribution, application forms, and other supplementary information that may help eligible applicants prepare grant applications.

(2) The method of distribution shall include a description of all criteria used to select applications from local governments for funding, including the relative importance of the criteria (if developed), a description of how all Community Development Block Grant resources will be allocated among all funding categories and the threshold factors and grant size limits that will be applied. The method of distribution shall be adopted each year after public review and comment of the Annual Update to the State of Oregon Consolidated Plan for Housing and Community Development.

(3) The adopted method of distribution section of the Annual Update to the State of Oregon Consolidated Plan for Housing and Community Development on file with the Department is incorporated as part of these rules by reference.

(4) The Authority shall prepare and provide to Community Development Block Grant recipients a Grant Management Handbook which specifies requirements for local grant management, reporting, and record keeping, and the Authority’s monitoring and grant closeout procedures.

(5) The Authority shall administer Community Development Block Grants in compliance with the requirements of the Act, as amended, applicable rules, the method of distribution, and the Grant Management Handbook.

(6) Land Use Coordination: Any project activity paid for with Community Development Block Grant funds that affects land use shall comply with the applicable requirements of OAR chapter 123, division 8.

(7) Procurement by Recipients: When procuring property or services to be paid for in whole or in part with Community Development Block Grant funds, the recipient shall comply with Chapters 244 and 279 of the Oregon Revised Statutes, as applicable.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.075
Hist.: IRD 2-1986(Temp), f. & ef. 1-14-86; IRD 8-1986, f. 6-30-86, ef. 7-1-86; Renumbered from 120-021-0010; EDD 5-1991, f. & cert. ef. 5-24-91; EDD 8-1992, f. & cert. ef. 4-24-92; EDD 3-1993, f. & cert. ef. 3-30-93; EDD 8-1993, f. & cert. ef. 9-21-93; EDD 2-1994, f. & cert. ef. 2-3-94; EDD 12-1994, f. & cert. ef. 9-8-94; EDD 1-1995, f. 1-31-95, cert. ef. 2-1-95; EDD 4-1996, f. & cert. ef. 5-28-96; EDD 3-1997, f. & cert. ef. 3-17-97; EDD 13-1998, f. & cert. ef. 8-14-98; EDD 12-1999, f. & cert. ef. 10-11-99; EDD 3-2001, f. & cert. ef. 4-10-01; EDD 3-2002, f. & cert. ef. 2-22-02; EDD 7-2006, f. 10-30-06, cert. ef. 10-31-06; EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10

123-080-0040

Program Remedies

The recipient shall be responsible for taking all action necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of the state any financial liabilities that may arise as the result of the breach of the grant contract by any participant. Nothing in this paragraph shall restrict the state's rights to enforce independently the terms of any grant contract or to recover any sums that may become due as the result of a breach of such a contract.

Stat. Auth.: ORS 184.125(3) & 190
Stats. Implemented: ORS 285A.300 - 285A.312
Hist.: IRD 2-1986(Temp), f. & ef. 1-14-86; IRD 8-1986, f. 6-30-86, ef. 7-1-86; Renumbered from 120-021-0015; EDD 5-1991, f. & cert. ef. 5-24-91; EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10

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