California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 2 - State Community Development Block Grant Program › Article 2 - Application Process › Section 7062 - Special Allocation for Native American Communities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to the requirements of 24 CFR, Part 1, the
						Department finds that there are within the State of California, communities
						principally comprised of low-income Native Americans not recognized as Indian
						Tribes as defined in Section 102(a)(17) of the Act (the Act defines Indian
						Tribes as any Indian tribe, band, group, and nation ... of the United States,
						which is considered an eligible recipient under the Indian Self-Determination
						and Education Assistance Act (Public Law 93-638), or under the State and Local
						Fiscal Assistance Act of 1972 (Public Law 92-512)). The Department also finds
						that these communities have, in previous years, received the benefits of the
						Act primarily through the Department's successful submittal of applications on
						their behalf. The Department further finds that its inability to continue to
						apply on behalf of this minority population, caused by the legal constraints of
						the 1981 amendments to the Act, and the legal ineligibility of these groups to
						apply on their own behalf for federally- or State-administered CDBG funds, will
						have the effect of depriving this minority group from participating in the
						State CDBG Program unless there are some affirmative measures to ensure its
						participation.
(a) Pursuant to the
					 requirements and authority of 24 CFR 1.4(c)(6)(ii) and by the direction of the
					 State Legislature, the Department shall set aside an amount equal to one and
					 one quarter percent (1.25%) of the total State CDBG funds to be granted to
					 eligible applicants for identifiable geographic areas within eligible cities
					 and counties comprised of high concentrations of Native Americans not
					 recognized as Indian Tribes as defined in Section 102(a)(17) of the Act. For
					 the purpose of this section, identifiable geographic areas comprised of high
					 concentrations of Native Americans means identifiable geographic areas
					 comprised of no less than fifty one percent (51%) Native Americans not
					 recognized as an Indian Tribe by the Act. An identifiable geographic area may
					 be defined by locally accepted social, historical, physical, political, or past
					 programmatic boundaries.
(b) An
					 application for this set aside may be in addition to another application
					 submitted by an eligible city or county pursuant to Section 7060(b)(1)-(5).
					 Applications submitted under this section will be independently evaluated and
					 ranked against other applications for this special allocation without regard to
					 the rating of an application submitted pursuant to another section of this
					 subchapter.
(c) An application
					 submitted pursuant to this section shall be in the form prescribed for
					 applications in Section 7070 and shall comply in all other respects with this
					 subchapter. CDBG funds utilized within the identifiable geographic areas must
					 principally benefit residents in the targeted income groups without regard to
					 race, religion, national origin, or sex. In the event all the set aside funds
					 are not awarded in a funding cycle, the Department shall award the remaining
					 funds to the highest ranked unfunded applications submitted under Section
					 7072.
1.
						Amendment of subsection (b) filed 1-19-84; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 84, No. 3).
2.
						Amendment of subsection (c) filed 2-22-85; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 85, No. 9).
3.
						Amendment of section heading, first paragraph and subsection (a) filed
						8-13-2012; operative 8-13-2012 pursuant to Government Code section 11343.4
						(Register 2012, No. 33).
Note: Authority cited: Sections 50406(h) and 50406(n),
						  Health and Safety Code; and 24 CFR 570.489(b). Reference: Sections 50406, 50407
						  and 50831, Health and Safety Code; Public Law 93-638 (25 U.S.C. 450(b)); Public
						  Law 92-512 (31 U.S.C. 1227(4)); 42 U.S.C. 5306(d)(2); and 24 CFR
						  570.489.