Mississippi Administrative Code › Title 28 - Ports and Airports › Part 309 - Mississippi State Port Authority's Section 3 Plan Port Restoration › Section 3 Definitions[6]

Current through June 25, 2024
Applicant
means any entity which makes an
				application for section 3 covered assistance, and includes, but is not limited
				to, any State, unit of local government, public housing agency, Indian housing
				authority, Indian tribe, or other public body, public or private nonprofit
				organization, private agency or institution, mortgagor, developer, limited
				dividend sponsor, builder, property manager, community housing development
				organization, resident management corporation, resident council, or cooperative
				association.
Assistant Secretary
means the Assistant
				Secretary for Fair Housing and Equal Opportunity.
Business concern
means a business entity
				formed in accordance with State law, and which is licensed under State, county
				or municipal law to engage in the type of business activity for which it was
				formed.
Business concern that provides economic opportunities
				for low- and very low-income persons.
See definition of section 3
				business concern'' in this section.
Contract.
See the definition of section 3
				covered contract'' in this section.
Contractor
means any entity which contracts to
				perform work generated by the expenditure of section 3 covered assistance, or
				for work in connection with a section 3 covered project.
Employment opportunities generated by section 3 covered
				assistance
means all employment opportunities generated by the
				expenditure of section 3 covered public and Indian housing assistance (i.e.,
				operating assistance, development assistance and modernization assistance, as
				described in § 135.3(a)(1) ). With respect to section 3 covered housing
				and community development assistance, this term means all employment
				opportunities arising in connection with section 3 covered projects (as
				described in § 135.3(a)(2) ), including management and administrative jobs
				connected with the section 3 covered project. Management and administrative
				jobs include architectural, engineering or related professional services
				required to prepare plans, drawings, specifications, or work write-ups; and
				jobs directly related to administrative support of these activities, e.g.,
				construction manager, relocation specialist, payroll clerk, etc.
Housing authority
means, collectively, public
				housing agency and Indian housing authority.
Housing and community development assistance
means any financial assistance provided or otherwise made available through a
				HUD housing or community development program through any grant, loan, loan
				guarantee, cooperative agreement, or contract, and includes community
				development funds in the form of community development block grants, and loans
				guaranteed under section 108 of the Housing and Community Development Act of
				1974, as amended. Housing and community development assistance does not include
				financial assistance provided through a contract of insurance or
				guaranty.
Housing development
means low-income housing
				owned, developed, or operated by public housing agencies or Indian housing
				authorities in accordance with HUD's public and Indian housing program
				regulations codified in 24 CFR Chapter IX.
HUD Youthbuild programs
mean programs that
				receive assistance under subtitle D of Title IV of the National Affordable
				Housing Act, as amended by the Housing and Community Development Act of 1992 (
				42
				U.S.C. 12899 ), and provide disadvantaged
				youth with opportunities for employment, education, leadership development, and
				training in the construction or rehabilitation of housing for homeless
				individuals and members of low- and very low-income families.
Low-income person.
See the definition of
				section 3 resident'' in this section.
Metropolitan area
means a metropolitan
				statistical area (MSA), as established by the Office of Management and
				Budget.
New hires
mean full-time employees for
				permanent, temporary or seasonal employment opportunities.
Public housing resident
has the meaning given
				this term in 24 CFR part 963.
Recipient
means any entity which receives
				section 3 covered assistance, directly from HUD or from another recipient and
				includes, but is not limited to, any State, unit of local government, PHA, IHA,
				Indian tribe, or other public body, public or private nonprofit organization,
				private agency or institution, mortgagor, developer, limited dividend sponsor,
				builder, property manager, community housing development organization, resident
				management corporation, resident council, or cooperative association. Recipient
				also includes any successor, assignee or transferee of any such entity, but
				does not include any ultimate beneficiary under the HUD program to which
				section 3 applies and does not include contractors.
Section 3
means section 3 of the Housing and
				Urban Development Act of 1968, as amended (
				12
				U.S.C. 1701 u ).
Section 3 business concern
means a business
				concern, as defined in this section (1) That is 51 percent or more owned by
				section 3 residents; or (2) Whose permanent, full-time employees include
				persons, at least 30 percent of whom are currently section 3 residents, or
				within three years of the date of first employment with the business concern
				were section 3 residents; or (3) That provides evidence of a commitment to
				subcontract in excess of 25 percent of the dollar award of all subcontracts to
				be awarded to business concerns that meet the qualifications set forth in
				paragraphs (1) or (2) in this definition of section 3 business
				concern.''
Section 3 clause
means the contract provisions
				set forth in § 135.38.
Section 3 covered activity
means any activity
				which is funded by section 3 covered assistance public and Indian housing
				assistance.
Section 3 covered assistance
means: (1) Public
				and Indian housing development assistance provided pursuant to section 5 of the
				1937 Act; (2) Public and Indian housing operating assistance provided pursuant
				to section 9 of the 1937 Act; (3) Public and Indian housing modernization
				assistance provided pursuant to section 14 of the 1937 Act; (4) Assistance
				provided under any HUD housing or community development program that is
				expended for work arising in connection with: (i) Housing rehabilitation
				(including reduction and abatement of lead-based paint hazards, but excluding
				routine maintenance, repair and replacement); (ii) Housing construction; or
				(iii) Other public construction project (which includes other buildings or
				improvements, regardless of ownership).
Section 3 covered contract
means a contract or
				subcontract (including a professional service contract) awarded by a recipient
				or contractor for work generated by the expenditure of section 3 covered
				assistance, or for work arising in connection with a section 3 covered project.
				Section 3 covered contracts'' do not include contracts awarded under HUD's
				procurement program, which are governed by the Federal Acquisition Regulation
				System (see 48 CFR, Chapter 1). Section 3 covered contracts'' also do not
				include contracts for the purchase of supplies and materials. However, whenever
				a contract for materials includes the installation of the materials, the
				contract constitutes a section 3 covered contract. For example, a contract for
				the purchase and installation of a furnace would be a section 3 covered
				contract because the contract is for work (i.e., the installation of the
				furnace) and thus is covered by section 3.
Section 3 covered project
means the
				construction, reconstruction, conversion or rehabilitation of housing
				(including reduction and abatement of lead-based paint hazards), other public
				construction which includes buildings or improvements (regardless of ownership)
				assisted with housing or community development assistance.
Section 3 resident
means: (1) A public housing
				resident; or (2) An individual who resides in the metropolitan area or
				nonmetropolitan county in which the section 3 covered assistance is expended,
				and who is: (i)
A low-income person,
as this term is defined
				in section 3(b)(2) of the 1937 Act (
				42
				U.S.C. 1437 a(b)(2) ). Section 3(b)(2) of the
				1937 Act defines this term to mean families (including single persons) whose
				incomes do not exceed 80 per centum of the median income for the area, as
				determined by the Secretary, with adjustments for smaller and larger families,
				except that the Secretary may establish income ceilings higher or lower than 80
				per centum of the median for the area on the basis of the Secretary's findings
				that such variations are necessary because of prevailing levels of construction
				costs or unusually high or low-income families; or (ii)
A very
				low-income person,
as this term is defined in section 3(b)(2) of the
				1937 Act (
				42
				U.S.C. 1437 a(b)(2) ). Section 3(b)(2) of the
				1937 Act (
				42
				U.S.C. 1437 a(b)(2) ) defines this term to
				mean families (including single persons) whose incomes do not exceed 50 per
				centum of the median family income for the area, as determined by the Secretary
				with adjustments for smaller and larger families, except that the Secretary may
				establish income ceilings higher or lower than 50 per centum of the median for
				the area on the basis of the Secretary's findings that such variations are
				necessary because of unusually high or low family incomes. (3) A person seeking
				the training and employment preference provided by section 3 bears the
				responsibility of providing evidence (if requested) that the person is eligible
				for the preference.
Section 8 assistance
means assistance provided
				under section 8 of the 1937 Act (
				42
				U.S.C. 1437 f ) pursuant to 24 CFR part 882,
				subpart G.
Service area
means the geographical area in
				which the persons benefitting from the section 3 covered project reside. The
				service area shall not extend beyond the unit of general local government in
				which the section 3 covered assistance is expended. In HUD's Indian housing
				programs, the service area, for IHAs established by an Indian tribe as a result
				of the exercise of the tribe's sovereign power, is limited to the area of
				tribal jurisdiction.
Subcontractor
means any entity (other than a
				person who is an employee of the contractor) which has a contract with a
				contractor to undertake a portion of the contractor's obligation for the
				performance of work generated by the expenditure of section 3 covered
				assistance, or arising in connection with a section 3 covered project.
Very low-income person.
See the definition of
				section 3 resident'' in this section.
Youthbuild programs.
See the definition of HUD
				Youthbuild programs'' in this section.
6
								24
				C.F.R.135.5 (as applicable to this Section 3
				Plan).