[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15949]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Subtitle A and Parts 92, 219, 280, 570, 572, 574, 576, 583,
882, 889, 890, 905, 961, and 963
[Docket No. R-94-1678; FR-3536-F-01]
RIN 2501-AB64
Economic Opportunities for Low- and Very Low-Income Persons--
Conforming Amendments
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: Section 3 of the Housing and Urban Development Act of 1968
(section 3), as amended by the Housing and Community Development Act of
1992, requires that economic opportunities generated by HUD financial
assistance for housing (including public and Indian housing) and
community development programs shall, to the greatest extent feasible,
be given to low- and very low-income persons, particularly those who
are recipients of government assistance for housing, and to businesses
that provide economic opportunities for these persons. Elsewhere in
today's edition of the Federal Register, the Department has published
an interim rule that makes comprehensive amendments to HUD's section 3
regulations at 24 CFR part 135 to bring these regulations into
conformity with the changes made to section 3 by the Housing and
Community Development Act of 1992. The section 3 (part 135) interim
rule is based on the proposed rule published on October 8, 1993, and
takes into consideration public comment received on the proposed rule.
This final rule makes conforming amendments to several parts in
title 24 of the Code of Federal Regulations that include reference, or
should include reference, to the part 135 regulations.
EFFECTIVE DATE: August 1, 1994.
FOR FURTHER INFORMATION CONTACT: Maxine B. Cunningham, Director, Office
of Economic Opportunity, Room 5232, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410, telephone
(202) 708-2251 (voice/TDD). (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Background--Conforming Amendments Proposed Rule
Since its enactment, section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u) has been a statutory basis for promoting
the award of jobs and contracts, generated from projects receiving HUD
financial assistance, to, respectively, low-income residents and
businesses of the areas where the projects to be assisted are located.
Section 3 was recently amended, in its entirety, by section 915 of the
Housing and Community Development Act of 1992 (Pub.L. 102-550, approved
October 28, 1992) (the 1992 Act). Although the 1992 Act significantly
revised section 3, it did not alter the objective of section 3--to
provide economic opportunities to low-income persons. The 1992 Act, in
fact, strengthens the section 3 mandate by: clarifying the types of HUD
financial assistance, activities, and recipients subject to the
requirements of section 3; identifying the specific individuals and
businesses who are the intended beneficiaries of the economic
opportunities generated from HUD-assisted activities; and establishing
the order of priority in which these individuals and businesses should
be recruited and solicited for the employment and other economic
opportunities generated from HUD-assisted activities.
Elsewhere in today's edition of the Federal Register, the
Department has published an interim rule which makes comprehensive
amendments to HUD's section 3 regulations at 24 CFR part 135 to bring
these regulations into conformity with the changes made to section 3 by
the Housing and Community Development Act of 1992. The section 3 (part
135) interim rule is based on the proposed rule published on October 8,
1993, and takes into consideration public comment received on the
proposed rule.
This rule makes final a conforming amendments proposed rule
published on October 8, 1993, and which was a companion rule to the
section 3 (part 135) proposed rule also published on October 8, 1993.
The October 8, 1993 ``conforming amendments rule'' proposed to make
conforming amendments to several parts in title 24 of the Code of
Regulations to include reference to the applicability of the part 135
regulations to the HUD program addressed by these parts.
Several HUD programs, particularly new HUD programs, include in
their program requirements the applicability of section 3 to the
program, but do not require compliance with the part 135 regulations.
(See, for example, 24 CFR parts 576, 583, 700.) Compliance with the
part 135 regulations was not included because the part 135 regulations
had not been updated to reflect statutory amendments. (The part 135
regulations have not been amended substantively since their original
adoption in 1973, although statutory amendments were made to section 3
in 1974 and 1980.) Additionally, several parts in 24 CFR currently
refer to the part 135 regulations, but include reference to the former
statutory language of section 3 (i.e., before its amendment by section
915 of the 1992 Act, the title of section 3 was ``Employment
Opportunities for Businesses and Lower Income Persons in Connection
with Assisted Projects''). The Department notes, however, that not all
parts in 24 CFR which reference section 3 and the part 135 regulations
require conforming amendments. (For example, see 24 CFR 941.208(a).)
The October 8, 1993 conforming amendments rule also proposed to
amend 24 CFR part 963--Contracting with Resident-Owned Businesses--to
raise the dollar contract limit from $500,000 to $1,000,000. The
purpose of the alternative procurement process provided by part 963 is
to encourage PHAs to contract with resident-owned businesses for public
housing services, supplies, or construction. The increase in the dollar
contract limit is directed to encouraging additional contract
opportunities for resident-owned businesses, which is consistent with
the objectives of section 3.
II. Conforming Amendments Final Rule
No public comments were received on the October 8, 1993 conforming
amendments proposed rule. Accordingly, the Department, through this
rule, adopts, as final, the conforming amendments set forth in the
October 8, 1993 proposed rule, with some additional changes as
described in this section.
Revision to Conforming Amendment to Part 219
The October 8, 1993 conforming amendments proposed rule included a
conforming amendment to 24 CFR part 219 which contains the regulations
for the Flexible Subsidy Program. However, the October 8, 1993
conforming amendment made reference to the $7,500 threshold which is no
longer applicable, because it has been removed by the section 3 (part
135) interim rule, published elsewhere in today's edition of the
Federal Register. The section 3 interim rule provides one set of
thresholds applicable to all HUD housing and community development
programs.
Additionally, on December 6, 1993, the Department published a final
rule that amended 24 CFR part 219 to implement the changes made to the
Flexible Subsidy Program by the 1992 Act (58 FR 64138). This December
6, 1993 final rule included references to the applicability of section
3 and the regulations of part 135 to the Flexible Subsidy Program.
This conforming amendments final rule makes two changes to the
amendments made by the December 6, 1939 final rule. The December 6,
1993 final rule included a reference to section 3 and the regulations
in part 135 under the requirements applicable to Flexible Subsidy
operating assistance. However, section 3, as amended by the 1992 Act,
is no longer applicable to Flexible Subsidy operating assistance.
Therefore this conforming amendments rule removes this reference. In
addition, this conforming amendments rule makes a minor change to the
reference to section 3 and the regulations in part 135 under the
capital improvement requirements. Section 3 and the regulations in part
135 are applicable to capital improvement assistance, but as the
section 3 (part 135) rule provides, this applicability is limited to
housing rehabilitation, housing construction and other public
construction projects as provided in part 135, and subject to the
thresholds provided in part 135. This conforming amendments final rule
clarifies the limited applicability of section 3.
Addition of Conforming Amendment to Part 280
The October 8, 1993 conforming amendment proposed rule
inadvertently omitted a conforming amendment to 24 CFR part 280
(Nehemiah Housing Opportunity Grants). Section 280.207 of this part
currently contains a reference to section 3 and the part 135
regulations. However, the reference section 3 includes statutory
language that has been removed from the 1992 Act amendment to section
3. The conforming amendment made to part 280 by this final rule removes
the outdated statutory language.
Removal of Conforming Amendment to Part 700
The October 8, 1993 conforming amendment proposed rule included a
conforming amendment for 24 CFR part 700 (Congregate Housing Services
Program). This program currently does not provide assistance for
housing rehabilitation, housing construction or other public
construction projects, which would be extent of coverage by section 3
and the regulations in part 135 for this Housing program. Accordingly,
the conforming amendment to part 700 is removed by this final rule. If
and when the Congregate Housing Services Program provides assistance
for these three types of section 3 covered projects, the regulations in
part 700 will be amended to include reference to the applicability of
section 3 and the regulations in part 135.
Addition of Conforming Amendment to Part 882, Subpart G
This final rule also includes a conforming amendment to 24 CFR part
882, subpart G. As discussed in the section 3 (part 135) interim rule,
the Department has determined that section 3 and the regulations in
part 135 are applicable to section 8 project-based assistance that is
expended for housing rehabilitation, housing construction, or other
public construction project.
Addition of Section Conforming Amendment to Part 905
The October 8, 1993 proposed rule included a conforming amendment
to 24 CFR part 905 (Indian Housing Programs), but only in the section
of the rule (Sec. 905.165) which addresses the subject of Indian
preference in employment and contracting. The October 8, 1993
inadvertently failed to include a reference to section 3 and the
regulations of part 135 in Sec. 905.120, which lists other applicable
Federal requirements. This conforming amendments final rule corrects
this error.
Section 3 (Part 135) Interim Rule
The Department again points out that the section 3 (part 135) rule
published elsewhere in today's edition of the Federal Register is being
published as an interim rule. The Department received substantial
comment on the October 8, 1993 section 3 proposed rule, has made a
number of changes to the section 3 regulations as a result of public
comment, and seeks additional public comment on the section 3 rule.
III. Other Matters
Impact on Small Entities
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this rule, and, in so doing,
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. This final rule makes
conforming amendments to various parts in title 24 of the Code of
Federal Regulations that include reference (and thus update this
reference), or that should include reference to the part 135
regulations.
Environmental Impact
In connection with the development of the section 3 (part 135)
proposed rule, a Finding of No Significant Impact with respect to the
environment was made in accordance with HUD regulations in 24 CFR part
50 that implement section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332). That Finding of No Significant
Impact was applicable to the October 8, 1993 conforming amendments
proposed rule, and remains applicable to the section 3 (part 135)
interim rule and this conforming amendments final rule. The Finding
remains available for public inspection during regular business hours
in the Office of the General Counsel, Rules Docket Clerk, Room 10276,
451 Seventh Street, SW, Washington, DC 20410.
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order No. 12611, Federalism, has determined that this rule
would not have a substantial, direct effect on the States or on the
relationship between the Federal government and the States, or on the
distribution of power or responsibilities among the various levels of
government. The rule simply makes conforming amendments to various
parts in 24 CFR that include reference (and thus update this
reference), or that should include reference to the part 135
regulations. The part 135 interim rule, published elsewhere in today's
Federal Register provides, consistent with the section 915 of the 1992
Act, that the preference requirements of section 3 are to be carried
out consistent with existing Federal, State, and local laws and
regulations.
Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule does not
have the potential to promote family formation, maintenance, and
general well-being, and thus is not subject to review under the order.
This final rule simply makes conforming amendments to several parts in
24 CFR to update reference, or include reference to the part 135
regulations. No change in existing HUD policies or programs will result
from promulgation of this proposed rule, as those policies and programs
relate to family concerns.
Regulatory Agenda
This rule was listed as sequence number 1542 in the Department's
Semiannual Agenda of Regulations published on April 25, 1994 (59 FR
20424, 20438) under Executive Order 12866 and the Regulatory
Flexibility Act.
List of Subjects
24 CFR Part 92
Administrative practice and procedure, Grant programs--housing and
community development, Grant programs--Indians, Low and moderate income
housing, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 219
Loan programs--housing and community development, Low and moderate
income housing, Reporting and recordkeeping requirements.
24 CFR Part 280
Community development, Grant programs--housing and community
development, Loan programs--housing and community development, Low and
moderate income housing, Nonprofit organizations, Reporting and
recordkeeping requirements.
24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan
programs--housing and community development, Low and moderate income
housing, New communities, Northern Mariana Islands, Pacific Islands
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and
recordkeeping requirements, Small cities, Student aid, Virgin Islands.
24 CFR Part 572
Condominiums, Cooperatives, Fair housing, Government property,
Grant programs--housing and community development, Low and moderate
income housing, Nonprofit organizations, Reporting and recordkeeping
requirements.
24 CFR Part 574
Community facilities, Disabled, Emergency shelter, Grant programs--
health programs, Grant programs--housing and community development,
Grant programs--social programs, HIV/AIDS, Homeless, Housing, Low and
moderate income housing, Nonprofit organizations, Rent subsidies,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 576
Community facilities, Emergency shelter grants, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Reporting and recordkeeping requirements.
24 CFR Part 583
Community facilities, Employment, Grant programs--housing and
community development, Grant programs--social programs, Handicapped,
Homeless, Indians, Mental health programs, Nonprofit organizations,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 889
Aged, Capital advance programs, Grant programs--housing and
community development, Loan programs--housing and community
development, Low and moderate income housing, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 890
Civil rights, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Low and moderate income housing, Mental health programs,
Reporting and recordkeeping requirements.
24 CFR Part 905
Aged, Energy conservation, Grant programs--housing and community
development, Grant programs--Indians, Individuals with disabilities,
Lead poisoning, Loan programs--housing and community development, Loan
programs--Indians, Low and moderate income housing, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 961
Drug abuse, Drug traffic control, Grant programs--housing and
community development, Grant programs--Indians, Grant programs--low and
moderate income housing, Indians, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 963
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
Accordingly, and under the authority of 42 U.S.C. 3535(d), subtitle
A and parts 92, 219, 280, 570, 572, 574, 576, 583, 882, 889, 890, 905,
961, and 963 of title 24 of the Code of Federal Regulations, are
amended as follows:
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
1. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 12701-12839.
2. In Sec. 92.350, paragraph (a)(4) introductory text is revised to
read as follows:
Sec. 92.350 Equal opportunity and fair housing.
(a) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the regulations in 24 CFR
part 135;
* * * * *
3. In Sec. 92.631, a new paragraph (c)(5) is added to read as
follows:
Sec. 92.631 Indian preference.
* * * * *
(c) * * *
(5) Local area residents. In accordance with section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the
implementing regulations in 24 CFR part 135, tribes, their contractors
and subcontractors, shall make best efforts, consistent with existing
Federal, State, and local laws and regulations (including section 7(b)
of the Indian Self-Determination and Education Assistance Act), to give
low- and very low-income persons the training and employment
opportunities generated by section 3 covered assistance (as this term
is defined in 24 CFR 135.7), and to give section 3 business concerns
the contracting opportunities generated by section 3 covered
assistance.
* * * * *
4. Appendix A to subtitle A, is amended by revising the first
sentence of paragraph (c)(1) in section 505, to read as follows:
Appendix A to Subtitle A--Hope for Public and Indian Housing
Homeownership Program
* * * * *
V. Other Requirements.
* * * * *
Section 505. Nondiscrimination and equal opportunity.
* * * * *
(c) Employment opportunities. (1) The requirements of section 3
of the Housing and Urban Development Act of 1968 (12 U.S.C 1701u),
and the implementing regulations in 24 CFR part 135 shall apply. * *
*
* * * * *
5. Appendix B. to subtitle A is amended by revising the first
sentence of paragraph (c)(1) in section 505 to read as follows:
Appendix B to Subtitle A--Hope for Homeownership of Multifamily Units
Program
* * * * *
V. Other Requirements.
* * * * *
Section 505. Nondiscrimination and equal opportunity.
* * * * *
(c) Employment opportunities. (1) The requirements of section 3
of the Housing and Urban Development Act of 1968 (12 U.S.C 1701u),
and the implementing regulations in 24 CFR part 135 shall apply as
provided in part 135. * * *
* * * * *
PART 219--FLEXIBLE SUBSIDY PROGRAM FOR TROUBLED PROJECTS
6. The authority citation for part 219 continues to read as
follows:
Authority: 12 U.S.C. 1715z-1a; 42 U.S.C. 3535(d).
7. In Sec. 219.210, paragraph (c)(3) is revised to read as follows:
Sec. 219.210 Application.
* * * * *
(c) * * *
(3) Certification that the applicant will comply with the
provisions of the Fair Housing Act (42 U.S.C. 3601-3619), Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d), Executive Orders 11063
(3 CFR, 1958-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307) and
11246 (3 CFR, 1964-1965 Comp., p. 339), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act
of 1975 (42 U.S.C. 6101-6107), and all regulations issued in accordance
with these authorities;
* * * * *
8. In Sec. 219.310, paragraph (c)(3) is revised to read as follows:
Sec. 219.310 Application.
* * * * *
(c) * * *
(3) Certification that the applicant will comply with the
provisions of the Fair Housing Act (42 U.S.C. 3601-3619), Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d), Executive Orders 11063
(3 CFR, 1958-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307) and
11246 (3 CFR, 1964-1965 Comp., p. 339), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act
of 1975 (42 U.S.C. 6101-6107), and all regulations issued in accordance
with these authorities; and also with section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u) and the implementing
regulations in 24 CFR part 135, as provided in part 135.
* * * * *
PART 280--NEHEMIAH HOUSING OPPORTUNITY GRANTS PROGRAM
9. The authority citation for part 280 continues to read as
follows:
Authority: 12 U.S.C. 1715l note; 42 U.S.C. 3535(d).
10. In Sec. 280.207, paragraph (a)(4) is revised to read as
follows:
Sec. 280.207 Other Federal requirements.
(a) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701) and the implementing
regulations in 24 CFR part 135 shall apply as provided in part 135;
* * * * *
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
11. The authority citation for part 570 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
12. In Sec. 570.487, a new paragraph (d) is added to read as
follows:
Sec. 570.487 Other applicable laws and related program requirements.
* * * * *
(d) States shall comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the implementing
regulations in 24 CFR part 135. Section 3 requires that employment and
other economic opportunities arising in connection with housing
rehabilitation, housing construction, or other public construction
projects shall, to the greatest extent feasible, and consistent with
existing Federal, State, and local laws and regulations, be given to
low- and very low-income persons.
13. In Sec. 570.607, paragraph (b) is revised to read as follows:
Sec. 570.607 Employment and contracting opportunities.
* * * * *
(b) Grantees shall comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the implementing
regulations in 24 CFR part 135. Section 3 requires that employment and
other economic opportunities arising in connection with housing
rehabilitation, housing construction, or other public construction
projects shall, to the greatest extent feasible, and consistent with
existing Federal, State, and local laws and regulations, be given to
low- and very low-income persons.
PART 572--HOPE FOR HOMEOWNERSHIP OF SINGLE FAMILY HOMES PROGRAM
(HOPE 3)
14. The authority citation for part 572 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12891.
15. In Sec. 572.405, paragraph (c)(1) is revised to read as
follows:
Sec. 572.405 Nondiscrimination and equal opportunity requirements.
* * * * *
(c) Employment opportunities. (1) The requirements of section 3 of
the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the
implementing regulations in 24 CFR part 135 shall apply as provided in
part 135; and Executive Order 11246 (3 CFR, 1964--1965 Comp., p. 339)
(Equal Employment Opportunity) and implementing regulations at 41 CFR
part 60.
* * * * *
PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
16. The authority citation for part 574 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12901-12912.
17. In Sec. 574.600, paragraph (c) is revised to read as follows:
Sec. 574.600 Nondiscrimination and equal opportunity.
* * * * *
(c) Employment opportunities. Grantees and project sponsors shall
comply with section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u) and the implementing regulations in 24 CFR part 135.
Section 3 requires that employment and other economic opportunities
arising in connection with housing rehabilitation, housing
construction, or other public construction projects shall, to the
greatest extent feasible, and consistent with existing Federal, State,
and local laws and regulations, be given to low- and very low-income
persons.
* * * * *
PART 576--EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. MCKINNEY
HOMELESS ASSISTANCE ACT
18. The authority citation for part 576 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11376.
19. In Sec. 576.79, paragraph (a)(4) is revised to read as follows:
Sec. 576.79 Other Federal requirements.
(a) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the regulations in 24 CFR
part 135.
* * * * *
PART 583--SUPPORTIVE HOUSING PROGRAM
20. The authority citation for part 583 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11389.
21. In Sec. 583.325, paragraph (b)(4) is revised to read as
follows:
Sec. 583.325 Nondiscrimination and equal opportunity requirements.
* * * * *
(b) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the regulations in 24 CFR
part 135.
* * * * *
PART 882--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--EXISTING
HOUSING
22. The authority citation for part 882 is revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d). Subpart H
is also issued under 42 U.S.C. 11361 and 11401.
23. In Sec. 882.713, a new paragraph (c)(11) is added to read as
follows:
Sec. 882.713 Other Federal requirements.
* * * * *
(c) * * *
(11) Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) and the regulations in 24 CFR part 135.
* * * * *
PART 889--SUPPORTIVE HOUSING FOR THE ELDERLY
24. The authority citation for part 889 continues to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 3535(d).
25. In Sec. 889.265, paragraph (a)(4) is revised to read as
follows:
Sec. 889.265 Other Federal requirements.
(a) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the regulations in 24 CFR
part 135 shall apply as provided in part 135.
* * * * *
PART 890--SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES
26. The authority citation for part 890 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 8013.
27. In Sec. 890.260, paragraph (a)(4) is revised to read as
follows:
Sec. 890.260 Other Federal requirements.
(a) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the regulations in 24 CFR
part 135 shall apply as provided in part 135.
* * * * *
PART 905--INDIAN HOUSING PROGRAMS
28. The authority citation for part 905 is revised to read as
follows:
Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437a, 1437aa, 1437bb,
1437cc, 1437ee, and 3535(d).
29. In Sec. 905.120, a new paragraph (j) is added to read as
follows:
Sec. 905.120 Compliance with other Federal requirements.
* * * * *
(j) Economic opportunities for low- and very low-income persons.
IHAs shall comply with section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701u) and the regulations in part 135, as
provided in part 135, to the maximum extent consistent with, but not in
derogation of, compliance with section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e(b)). (See
also 24 CFR 905.165(c)(5).)
30. In Sec. 905.165, paragraph (c)(5) is revised to read as
follows:
Sec. 905.165 Indian preference.
* * * * *
(c) * * *
(5) Local area residents. In accordance with section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the
implementing regulations in 24 CFR part 135, IHAs, their contractors
and subcontractors, shall make best efforts, consistent with existing
Federal, State, and local laws and regulations (including section 7(b)
of the Indian Self-Determination and Education Assistance Act), to give
low- and very low-income persons the training and employment
opportunities generated by section 3 covered assistance (as this term
is defined in 24 CFR 135.7) and to give section 3 business concerns the
contracting opportunities generated by section 3 covered assistance.
* * * * *
PART 961--PUBLIC HOUSING DRUG ELIMINATION PROGRAM
31. The authority citation for part 961 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11901 et seq.
32. In Sec. 961.29, paragraph (b)(4) is revised to read as follows:
Sec. 961.29 Other Federal requirements.
* * * * *
(b) * * *
(4) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u) and the implementing
regulations in 24 CFR part 135; and
* * * * *
PART 963--PUBLIC HOUSING--CONTRACTING WITH RESIDENT-OWNED
BUSINESSES
33. The authority citation for part 963 is revised to read as
follows:
Authority: 42 U.S.C. 1437 and 3535(d).
34. In Sec. 963.3, the second sentence is revised to read as
follows:
Sec. 963.3 Applicability.
* * * Public housing contracts eligible to be awarded under the
alternative procurement process provided by this part are limited to
individual contracts that do not exceed $1,000,000. * * *
35. In Sec. 963.10, paragraph (d) is revised to read as follows:
Sec. 963.10 Eligible resident-owned businesses.
* * * * *
(d) Limitation on alternative procurement contract awards. The
business shall submit a certification as to the number of contracts
awarded, and the dollar amount of each contract award received, under
the alternative procurement process provided by this part. A resident-
owned business is not eligible to participate in the alternative
procurement process provided by this part if the resident-owned
business has received under this process one or more contracts with a
total combined dollar value of $1,000,000.
Dated: June 27, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-15949 Filed 6-29-94; 8:45 am]
BILLING CODE 4210-32-P
