Designation of Empowerment Zones and Enterprise Communities

SUMMARY: This interim rule implements that portion of subchapter C,

part I (Empowerment Zones, Enterprise Communities and Rural Development

Investment Areas) of title XIII of the Omnibus Budget Reconciliation

Act of 1993 (Pub. L. 103-66, approved August 10, 1993) dealing with the

designation of urban Empowerment Zones and Enterprise Communities. This

rule authorizes the Secretary of Housing and Urban Development (HUD) to

designate not more than six urban Empowerment Zones and not more than

65 urban Enterprise Communities based upon the effectiveness of the

strategic plan submitted by a State or States and local government(s)

nominating an area for designation.

The purpose of this program is to empower American communities and

their residents to create jobs and opportunity, take effective action

to solve difficult and pressing economic, human, community and physical

development challenges of today, and to build for tomorrow as part of a

Federal-State-local and private-sector partnership. Businesses are to

be encouraged to invest in distressed areas, thereby creating jobs, and

comprehensive local strategic plans are to be adopted and implemented,

furthering community development and assisting in the revitalization of

these areas.

DATES: Effective date: February 17, 1994, through January 18, 1995.

Comment due date: February 17, 1994.

ADDRESSES: Interested persons are invited to submit comments regarding

this interim rule to the Office of General Counsel, Rules Docket Clerk,

room 10276, Department of Housing and Urban Development, 451 Seventh

St. SW., Washington, DC 20410-0500. Comments by facsimile (FAX) are not

acceptable. Communications should refer to the above docket number and

title. A copy of each communication submitted will be available for

public inspection and copying during regular business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Michael T. Savage, Deputy Director,

Office of Economic Development, room 7136, Department of Housing and

Urban Development, 451 Seventh Street SW., Washington, DC 20410,

telephone (202) 708-2290; TDD (202) 708-2565. (These are not toll-free

numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The information collection requirements contained in this rule were

submitted to the Office of Management and Budget (OMB) for review under

the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520), approved,

and assigned OMB Control Number 2506-0148.

I. Background

The Empowerment Zones program is a key step in rebuilding

communities in America's poverty-stricken inner cities and rural

heartland. It is designed to empower people and communities across the

nation in developing and implementing strategic plans to create job

opportunities and sustainable community development. The program

combines tax benefits with substantial investment of Federal resources

and enhanced coordination among Federal agencies. All communities which

complete the nomination process will be strengthened by it, whether or

not they are selected as Empowerment Zones or Enterprise Communities,

as the Federal Government will work with applicants to overcome

programmatic regulations and statutory impediments to encourage more

effective economic, physical, environmental and community development

activities.

All communities will gain by taking stock of their assets and

problems, by creating a vision of a better future, and by structuring a

plan for achieving it. Local partnerships among community residents,

businesses, financial institutions, service providers, neighborhood

associations and State and local governments can be formed or

strengthened to support a plan for change by going through the

application process. Communities will be afforded an opportunity to

work with these new partners in the creation and implementation of a

community-based strategic plan. Community Development Corporations

nominated by the locality will be considered eligible for designation

to receive tax preferred contributions from donors. Communities with

innovative visions for change will be considered for requested waivers

of Federal program regulations, flexible use of existing program funds,

and cooperation in meeting essential mandates, even if they do not

receive a designation. Communities may apply comprehensive strategic

planning to their entire community anticipating proposed consolidation

of planning requirements for four major formula grant programs

administered by the Office of Community Planning and Development in

HUD.

Enterprise Communities are eligible for new Tax-Exempt Facilities

Bonds for certain private business activities. States with designated

Enterprise Communities will receive approximately $3 million in

Empowerment Zone/Enterprise Community Social Service Block Grant funds

to pass through to each designated area for approved activities

identified in their strategic plans. Enterprise Communities will

receive special consideration in competition for funding under numerous

Federal programs, including the new National Service and proposed

Community Policing initiatives. The Federal Government will focus

special attention on working cooperatively with designated Enterprise

Communities to overcome regulatory impediments, to permit flexible use

of existing Federal funds, and to assist these Communities in meeting

essential mandates.

Empowerment Zones will receive all the benefits provided to

Enterprise Communities and other communities with innovative visions

for change. Empowerment Zones are awarded substantial Empowerment Zone/

Enterprise Community Social Service Block Grant funds, in the amount of

$100 million for each urban Zone. An Employer Wage Credit for Zone

residents is extended to qualified employers engaged in trade or

business, in designated Empowerment Zones. Businesses are afforded an

increased deduction under section 179 of the Internal Revenue Code for

qualified properties.

The urban part of the program will be administered by HUD as a

Federal-State-local partnership, with a minimum of red tape associated

with the application process. Communities must demonstrate the ability

to design and implement an effective strategic plan for real

opportunities for growth and revitalization, that deal with local

problems in a comprehensive way and must demonstrate the capacity to

carry out these plans. Development of an effective plan must also

involve the participation of the community affected by the nomination

of the urban area, and of the private sector, acting in concert with

the nominating entities. The plan should be developed in accordance

with four key principles, which will serve as the basis for the key

selection criteria that will be used to evaluate the plan. These

principles are:

(1) Economic Opportunity, including job creation within the

community and throughout the region, as well as entrepreneurial

initiatives, small business expansion, and training for jobs that offer

upward mobility;

(2) Sustainable Community Development, to advance the creation of

liveable and vibrant communities through comprehensive approaches that

coordinate economic, physical, environmental, community and human

development;

(3) Community-Based Partnerships, involving participation of all

segments of the community, including the political and governmental

leadership, community groups, health and social service groups,

environmental groups, religious organizations, the private and non-

profit sectors, centers of learning and other community institutions;

and

(4) Strategic Vision for Change, which identifies what the

community will become and a strategic map for revitalization. The

vision should build on assets and coordinate a response to community

needs in a comprehensive fashion. It should also set goals and

performance benchmarks for measuring progress and establish a framework

for evaluating and adjusting the revitalization plan.

State and local governments may nominate distressed urban areas for

designation as Empowerment Zones (which will also permit their

consideration for designation as Enterprise Communities), or solely for

designation as Enterprise Communities.

Title XIII of the Omnibus Budget Reconciliation Act of 1993

included Empowerment Zones and Enterprise Communities as a new program.

II. Program Description

General

Pursuant to title XIII of the Omnibus Budget Reconciliation Act of

1993, the Secretary of HUD may designate up to six urban Empowerment

Zones and up to 65 urban Enterprise Communities. If six Empowerment

Zones are designated in urban areas, no less than one shall be

designated in an urban area the most populous city of which has a

population of 500,000 or less and no less than one shall be a nominated

area which includes areas in two States and which Zone has a population

of 50,000 or less. The Secretary of HUD will designate Empowerment

Zones in urban areas in such a manner that the aggregate population of

all such Zones does not exceed 750,000.

Eligibility

To be eligible for designation as an urban Empowerment Zone or

Enterprise Community the statute prescribes that an area must:

(1) Have a maximum population which is the lesser of:

(a) 200,000, or

(b) The greater of 50,000, or ten percent of the population of the

most populous city located within the nominated area;

(2) Be one of pervasive poverty, unemployment, and general

distress;

(3) Not exceed twenty square miles in total land area;

(4) Demonstrate a poverty rate which is not less than:

(a) 20 percent in each census tract;

(b) 25 percent in 90 percent of the population census tracts within

the nominated area;

(c) 35 percent for at least 50 percent of the population census

tracts within the nominated area;

(5) Have a continuous boundary, or consist of not more than three

noncontiguous parcels;

(6) Be located entirely within the jurisdiction of the unit or

units of general local government making the nomination, and not be

located in more than two contiguous States; and

(7) Not include any portion of a central business district unless

the poverty rate for each population tract containing portions of the

central business district is at least 35 percent for an Empowerment

Zone and 30 percent for an Enterprise Community.

Nomination Process

The law provides that one or more local governments and the

State(s) in which a nominated urban area is located may jointly

nominate the area for designation if:

(1) The area meets the eligibility requirements set forth in these

rules;

(2) The urban area is within the jurisdiction of the local

government(s) and the State(s);

(3) The local government(s) and State(s) provide assurances that

the required strategic plan they adopt will be implemented;

(4) All information furnished by the nominating local government(s)

and State(s) is determined by the Secretary of HUD to be reasonably

accurate;

(5) The local government(s) and State(s) certify that no portion of

a nominated urban area is already in a Federal Empowerment Zone or

Enterprise Community or in an area otherwise nominated for designation;

and

(6) The local government(s) and State(s) certify that they possess

the legal authority to make the nomination.

The nomination must be accompanied by an application for

designation, including a strategic plan, which:

(1) Indicates and briefly describes the specific groups,

organizations and individuals participating in the production of the

plan, and describes the history of these groups organizations in the

community;

(2) Explains how participants were selected and provides evidence

that the participants, taken as a whole, broadly represent the racial,

cultural and economic diversity of the community;

(3) Describes the role of the participants in the creation,

development and future implementation of the plan;

(4) Identifies two or three topics addressed in the plan that

caused the most serious disagreements among participants and describes

how those disagreements were resolved;

(5) Explains how the community participated in choosing the area to

be nominated and why the area was nominated;

(6) Provides evidence that key participants have the capacity to

implement the plan;

(7) Provides a brief explanation of the community's vision for

revitalizing the area;

(8) Explains how the vision fulfills the key principles of creating

economic opportunity, encouraging self-sufficiency and promoting

sustainable community development;

(9) Identifies key needs of the area and the current barriers to

achieving the vision for it, including a description of poverty and

general distress, barriers to economic opportunity and development and

barriers to human development;

(10) Discusses how the vision is related to the assets and needs of

the area and its surroundings;

(11) Describes the ways in which the community's approaches to

economic development, social/human services, transportation, housing,

sustainable community development, public safety, drug abuse

prevention, and educational and environmental concerns will be

addressed in a coordinated fashion; and explains how these linkages

support the community's vision.

The strategic plan must identify how government resources will be

used to support the plan. Specifically, the plan must indicate:

(1) How Social Service Block Grant funds for designated Zones and

Communities, tax benefits for designated Zones and Communities, State

and local resources, existing Federal resources available to the

locality and additional Federal resources believed necessary to

implement the strategic plan will be utilized within the Empowerment

Zone or Enterprise Community;

(2) The level of commitment necessary to ensure that these

resources will be available to the area upon designation; and

(3) The Federal resources being applied for or for which

applications are planned; and

(4) If you wish to be considered for the consolidated planning

option, indicate how the strategic plan will apply to the entire

locality and how the locality will spend CDBG and HOME funds.

The plan must identify private resources committed to its

implementation, including:

(1) Private resources and support, including assistance from

business, non-profit organizations and foundations, which are available

to be leveraged with public resources; and

(2) Assurances that these resources will be made available to the

area upon designation.

The plan must address changes needed in Federal rules and

regulations necessary to implement the plan, including:

(1) Specific paperwork or other Federal program requirements that

need to be altered to permit effective implementation of the strategic

plan; and

(2) Specific regulatory and other impediments to implementing the

strategic plan for which waivers are requested, with appropriate

citations and an indication whether waivers can be accomplished

administratively or require statutory changes.

The plan must demonstrate how State and local governments will

reinvent themselves to help implement the plan, by:

(1) Identifying the changes that will be made in State and local

organizations, processes and procedures, including laws and ordinances,

to facilitate implementation of the plan; and

(2) Explaining how different agencies in State and local

governments will work together in new responsive ways to implement the

strategic plan.

The plan must provide details about the manner in which it will be

implemented, and must indicate what benchmarks will be used to measure

progress, by:

(1) Identifying the specific tasks necessary to implement the plan;

(2) Describing the partnerships that will be established to carry

out the plan;

(3) Explaining how the strategic plan will be regularly revised to

reflect new information and opportunities; and

(4) Identifying the benchmarks and goals that should be used in

evaluating performance in implementing the plan.

III. Justification for Interim Rule

In general, the Department publishes a rule for public comment

before issuing a rule for effect, in accordance with its own

regulations on rulemaking at 24 CFR part 10. However, part 10 provides

for exceptions from that general rule where the Department finds good

cause to omit advance notice and public participation. The good cause

requirement is satisfied when prior public comment is ``impracticable,

unnecessary, or contrary to the public interest'' (24 CFR 10.1). The

Department finds that good cause exists to publish this rule for effect

without first soliciting public comment, in that prior public comment

would be contrary to the public interest. Section 1391(c) of the

legislation requires that designations be made only after 1993 and

before 1996. Given the statutory mandate to make all designations

within a two-year period, the extra time required to publish a proposed

rule for a 60-day comment period before development of a final rule for

effect would be contrary to congressional intent and the purpose of the

legislation. The longer time period would unduly postpone an economic

recovery for those communities and their residents for which this

program is intended. Further, the Department finds that good cause

exists in that prior public comment is unnecessary because the

legislation being implemented by this rule is very prescriptive, with

little room for discretion on the part of the Secretary.

The Department is interested, however, in the public reaction to

the rule, and invites the public to comment. Since section 7(o) of the

Department of Housing and Urban Development Act provides that no rule

promulgated by the Department may become effective until 30 days after

publication, and since section 1391(c) of the authorizing legislation

requires that designations be made within a two-year period, the

Department is limiting the comment period to 30 days to permit adequate

time for review of public comments and development of a final rule.

The Department has adopted a policy of setting a date for

expiration of an interim rule unless a final rule is published before

that date. This ``sunset'' provision appears in Sec. 597.1(c) of the

rule, and provides that the rule will expire on a date 12 months from

publication unless a final rule is published before that date.

IV. Notice

HUD is simultaneously publishing in today's Federal Register a

Notice Inviting Applications that contains complete information on

obtaining and submitting applications for nominating areas as

Empowerment Zones and Enterprise Communities.

V. Other Matters

Paperwork Reduction Act

The information collection requirements contained in this rule were

submitted to the Office of Management and Budget (OMB) for review under

the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-

3520), were approved, and assigned OMB Control Number 2506-0148. The

following provisions of the rule have been determined by the Department

to contain collection of information requirements:

----------------------------------------------------------------------------------------------------------------

No. of

No. of responses Total

Reference in rule respondents per annual Hours per Total

respondent responses response hours

----------------------------------------------------------------------------------------------------------------

Sec. 597.200....................................... 300 1 300 50 15,000

Sec. 597.400....................................... 71 1 71 16 1,136

------------------------------------------------------------

Total annual burden.......................... 16,136

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National Environmental Policy Act

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations in 24 CFR part 50,

which implement section 102(c) of the National Environmental Policy Act

of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is

available for public inspection and copying during regular business

hours in the Office of the Rules Docket Clerk, room 10278, 451 Seventh

Street SW., Washington, DC 20410.

Executive Order 12866, Regulatory Planning and Review

This rule was reviewed and approved by the Office of Management and

Review as a significant rule, as that term is defined in Executive

Order 12866, which was signed by the President on September 30, 1993.

Any changes to the rule as a result of that review are contained in the

public file of the rule in the office of the Department's Rules Docket

Clerk.

Regulatory Flexibility Act

The Secretary, in accordance with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this rule before publication and by

approving it certifies that the rule will not have a significant

economic impact on a substantial number of small entities within the

intent and purpose of that Act. The Act is intended to encourage

Federal agencies to utilize innovative administrative procedures in

dealing with individuals, small businesses, small organizations, and

small governmental bodies that would otherwise be unnecessarily

adversely affected by Federal regulations. To the extent that this rule

affects those entities, its purpose is to reduce any disproportionate

burden by providing for the waiver of regulations and by affording

other incentives directed toward a positive economic impact. Therefore,

no regulatory flexibility analysis under the Act is necessary.

Executive Order 12611, Federalism

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12611, Federalism, has determined that, although the

policies contained in this rule may have a substantial direct effect on

States or their political subdivisions that are designated as

Empowerment Zones or Enterprise Communities, this effect is intended by

the legislation authorizing the program. The purpose of the rule is to

provide a cooperative atmosphere between the Federal government and

States and local governments, and to reduce any regulatory burden

imposed by the Federal government that impedes the ability of States

and local governments to solve pressing economic, social, and physical

problems in their communities.

Executive Order 12606, The Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that the provisions of this

rule will not have a significant impact on family formation,

maintenance or well being, except to the extent that the program

authorized by the rule will empower communities and their residents to

take effective action to solve difficult and pressing economic, human,

community and physical development challenges that have a negative

impact on families. Any such impact is beneficial and merits no further

review under the Order.

Semiannual Agenda

This rule was not listed in the Department's semiannual agenda of

regulations published on October 25, 1993 (58 FR 56402) under Executive

Order 12291 and the Regulatory Flexibility Act at 49 FR 15960. A

summary of the rule, however, was listed on a supplemental agenda,

submitted to the applicable House and Senate Committees after

publication of the October 25, 1993 agenda.

List of Subjects in 24 CFR Part 597

Community development, Empowerment zones, Enterprise communities,

Economic development, Housing, Indians, Intergovernmental relations,

Reporting and recordkeeping requirements, Urban renewal.

In accordance with the reasons set out in the preamble, chapter V

of title 24 of the Code of Federal Regulations is amended by adding

part 597 to read as follows:

PART 597--URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

Subpart A--General Provisions

Sec.

597.1 Applicability and scope.

597.2 Objective and purpose.

597.3 Definitions.

597.4 Secretarial review and designation.

597.5 Waivers.

Subpart B--Area Requirements

597.100 Eligibility requirements and data usage.

597.101 Data utilized for eligibility determinations.

597.102 Tests of pervasive poverty, unemployment and general

distress.

597.103 Poverty rate.

Subpart C--Nomination Procedure

597.200 Nominations by State and local governments.

597.201 Evaluating the strategic plan.

597.202 Submission of nominations for designation.

Subpart D--Designation Process

597.300 HUD action and review of nominations for designation.

597.301 Selection factors for designation of nominated urban areas.

597.302 Number of Empowerment Zones and Enterprise Communities

designated.

Subpart E--Post-Designation Requirements

597.400 Reporting.

597.401 Periodic performance reviews.

597.402 Validation of designation.

597.403 Revocation of designation.

Subpart F--Special Rules

597.500 Indian reservations.

597.501 Governments.

597.502 Nominations by economic development corporations or the

District of Columbia.

597.503 Use of census data.

Authority: 26 U.S.C. 1391; 42 U.S.C. 3535(d).

Subpart A--General Provisions

Sec. 597.1 Applicability and scope.

(a) This part establishes policies and procedures applicable to

urban Empowerment Zones and Enterprise Communities, authorized under

subchapter U of the Internal Revenue Code of 1986, as amended, relating

to the designation and treatment of Empowerment Zones, Enterprise

Communities and Rural Development Investment Areas.

(b) This part contains provisions relating to area requirements,

the nomination process for urban Empowerment Zones and urban Enterprise

Communities, and the designation and administration of these Zones and

Communities by HUD. Provisions dealing with the nomination and

designation of rural Empowerment Zones and Enterprise Communities will

be promulgated by the Department of Agriculture. HUD and the Department

of Agriculture will consult in all cases in which nominated areas

possess both urban and rural characteristics, and will utilize a

flexible approach in determining the appropriate designation.

(c) Expiration of rule. Part 597 will expire on January 18, 1995.

Sec. 597.2 Objective and purpose.

The purpose of this part is to provide for the establishment of

Empowerment Zones and Enterprise Communities in urban areas, to

stimulate the creation of new jobs, particularly for the disadvantaged

and long-term unemployed, and to promote revitalization of economically

distressed areas.

Sec. 597.3 Definitions.

Designation means the process by which the Secretary designates

urban areas as Empowerment Zones or Enterprise Communities eligible for

tax incentives and credits established by Subchapter U of the Internal

Revenue Code of 1986, as amended (26 U.S.C. 1391 et seq.) and for

special consideration for programs of Federal assistance.

Empowerment Zone means an urban area so designated by the Secretary

pursuant to this part. Up to six such Zones may be designated,

provided, that if the Secretary designates the maximum number of zones,

not less than one shall be in a nominated urban area the most populous

city of which has a population of 500,000 or less; and no less than one

shall be a nominated urban area which includes areas in two States and

which has an area population of 50,000 or less.

Enterprise Community means an urban area so designated by the

Secretary pursuant to this part. Not more than 65 such communities may

be so designated.

HUD means the Department of Housing and Urban Development.

Local government means any county, city, town, township, parish,

village, or other general purpose political subdivision of a State, and

any combination of these political subdivisions which is recognized by

the Secretary.

Nominated area means an area nominated by one or more local

governments and the State or States in which it is located for

designation pursuant to this part.

Population census tract means a census tract, or, if census tracts

are not defined for the area, a block numbering area.

Poverty means the number of persons listed as being in poverty in

the 1990 Decennial Census.

Revocation of designation means the process by which the Secretary

may revoke the designation of an urban area as an Empowerment Zone or

Enterprise Community pursuant to Sec. 597.403 of this part.

Secretary means the Secretary of Housing and Urban Development.

State means any State of the United States.

Strategic plan means a strategy developed and agreed to by the

nominating local government(s) and State(s), which have provided

certifications of their authority to adopt such a strategy in their

application for nomination, in consultation and cooperation with the

residents of the nominated are, pursuant to the provisions of

Sec. 597.200(c) of this part. The plan must include written commitments

from the local government(s) and State(s) that they will adhere to that

strategy.

Urban area means:

(1) Any area that lies inside a Metropolitan Area (MA), as

designated by the Office of Management and Budget; or

(2) Any area outside an MA if the nominating local government has a

population of 20,000 or more, or documents the urban character of the

area.

Sec. 597.4 Secretarial review and designation.

(a) Designation. The Secretary will review applications for the

designation of nominated urban areas to determine the effectiveness of

the strategic plans submitted by nominating State and local

government(s) in accordance with Sec. 597.200(c) of this part. The

Secretary will designate up to six urban Empowerment Zones and up to 65

urban Enterprise Communities.

(b) Period of designation. The designation of an urban area as an

Empowerment Zone or Enterprise Community shall remain in full effect

during the period beginning on the date of designation and ending on

the earliest of:

(1) The close of the tenth calendar year beginning on or after the

date of designation;

(2) The termination date designated by the State and local

governments in their application for nomination; or

(3) The date the Secretary modifies or revokes the designation, in

accordance with Sec. 597.402 or Sec. 597.403 of this part.

Sec. 597.5 Waivers.

The Secretary of HUD may waive for good cause any provision of this

part not required by statute, where it is determined that application

of the requirement would produce a result adverse to the purpose and

objectives of this part.

Subpart B--Area Requirements

Sec. 597.100 Eligibility requirements and data usage.

A nominated urban area may be eligible for designation pursuant to

this part only if the area:

(a) Has a maximum population which is the lesser of:

(1) 200,000, or

(2) The greater of 50,000 or ten percent of the population of the

most populous city located within the nominated area;

(b) Is one of pervasive poverty, unemployment and general distress,

as described in Sec. 597.102 of this part;

(c) Does not exceed twenty square miles in total land area;

(d) Has a continuous boundary, or consists of not more than three

noncontiguous parcels;

(e) Is located entirely within the jurisdiction of the unit or

units of general local government making the nomination, and is located

in no more than two contiguous States; and

(f) Does not include any portion of a central business district, as

this term is used in the most recent Census of Retail Trade, unless the

poverty rate for each population census tract in the district is not

less than 35 percent for an Empowerment Zone and 30 percent for an

Enterprise Community.

Sec. 597.101 Data utilized for eligibility determinations.

(a) Source of data. The data to be employed in determining

eligibility pursuant to the criteria set forth at Sec. 597.102 shall be

based upon the 1990 Decennial Census, and from information published by

the Bureau of the Census and the Bureau of Labor Statistics. The data

shall be comparable as to point or period of time and methodology

employed. Specific information on appropriate data to be submitted will

be provided in the application.

(b) Use of statistics on boundaries. The boundary of an urban area

nominated for designation as an Empowerment Zone or Enterprise

Community must coincide with the boundaries of census tracts, or, where

tracts are not defined, with block numbering areas.

Sec. 597.102 Tests of pervasive poverty, unemployment and general

distress.

(a) Pervasive poverty. Pervasive poverty shall be demonstrated by

the nominating entities by providing evidence that:

(1) Poverty is widespread throughout the nominated area; or

(2) Poverty has become entrenched or intractable over time (through

comparison of 1980 and 1990 census data or other relevant evidence); or

(3) That no portion of the nominated area contains any component

areas of an affluent character.

(b) Unemployment. Unemployment shall be demonstrated by:

(1) Data indicating that the weighted average rate of unemployment

for the nominated area is not less than the national average rate of

unemployment; or

(2) Evidence of especially severe economic conditions, such as

military base or plant closings or other conditions which have brought

about significant job dislocation within the nominated area.

(c) General distress. General distress shall be evidenced by

describing adverse conditions within the nominated urban area other

than those of pervasive poverty and unemployment. A high incidence of

crime, narcotics use, homelessness, abandoned housing, and deteriorated

infrastructure or substantial population decline, are examples of

appropriate indicators of general distress.

Sec. 597.103 Poverty rate.

(a) General. The poverty rate shall be established in accordance

with the following criteria:

(1) In each census tract within a nominated urban area, the poverty

rate shall be not less than 20 percent;

(2) For at least 90 percent of the population census tracts within

the nominated urban area, the poverty rate shall not be less than 25

percent; and

(3) For at least 50 percent of the population census tracts within

the nominated urban area, the poverty rate shall be not less than 35

percent.

(b) Special rules relating to the determination of poverty rate.

(1) Census tracts with no population. Census tracts with no population

shall be treated as having a poverty rate which meets the standards of

paragraphs (a)(1) and (2) of this section, but shall be treated as

having a zero poverty rate for purposes of applying paragraph (a)(3) of

this section.

(2) Census tracts with populations of less than 2,000. A population

census tract which has a population of less than 2,000 shall be treated

as having a poverty rate which meets the requirements of paragraphs

(a)(1) and (a)(2) of this section if more than 75 percent of the tract

is zoned for commercial or industrial use.

(3) Adjustment of poverty rates for Enterprise Communities. Where

necessary to carry out the purposes of this part, the Secretary may

reduce by 5 percentage points one of the following thresholds for not

more than 10 percent of the census tracts, or, if fewer, five

population tracts in the nominated urban area:

(i) The 20 percent threshold in paragraph (a)(1) of this section;

(ii) The 25 percent threshold in paragraph (a)(2) of this section;

and

(iii) The 35 percent threshold in paragraph (a)(3) of this section;

Provided that, the Secretary may in the alternative reduce the 35

percent threshold by 10 percentage points for three population census

tracts.

(4) Rounding up of percentages. In making the calculations required

by this section, the Secretary shall round all fractional percentages

of one-half percent or more up to the next highest whole percentage

figure.

(c) Noncontiguous areas. A nominated urban area may not contain a

noncontiguous parcel unless such parcel separately meets the criteria

set forth at paragraphs (a) (1), (2), and (3) of this section.

(d) Areas not within census tracts. In the case of an area which

does not have population census tracts, the block numbering area shall

be used.

Subpart C--Nomination Procedure

Sec. 597.200 Nominations by State and local governments.

(a) Nomination criteria. One or more local governments and the

State or States in which an urban area is located may nominate such

area for designation as an Empowerment Zone and/or as an Enterprise

Community, if:

(1) The urban area meets the requirements for eligibility set forth

in Secs. 597.100 and 597.103 of this part;

(2) The urban area is within the jurisdiction of a State or States

and local government(s) that have the authority to nominate the urban

area for designation and that provide written assurances satisfactory

to the Secretary that the strategic plan described in paragraph (c) of

this section will be implemented;

(3) All information furnished by the nominating State(s) and local

government(s) is determined by the Secretary to be reasonably accurate;

and

(4) The State(s) and local government(s) certify that no portion of

the area nominated is already included in an Empowerment Zone or

Enterprise Community or in an area otherwise nominated to be designated

under this section.

(b) Nomination for designation. No urban area may be considered for

designation pursuant to subpart D of this part unless the nomination

for designation:

(1) Demonstrates that the nominated urban area satisfies the

eligibility criteria set forth at Sec. 597.100;

(2) Includes a strategic plan, as described in paragraph (c) of

this section; and

(3) Includes such other information as may be required by HUD in

the application or in a Notice Inviting Applications, to be published

in the Federal Register.

(c) Strategic plan. Each application for designation must be

accompanied by a strategic plan, which must be developed in accordance

with four key principles, which will also be utilized to evaluate the

plan. These principles are:

(1) Economic opportunity, including job creation within the

community and throughout the region, as well as entrepreneurial

initiatives, small business expansion and training for jobs that offer

upward mobility;

(2) Sustainable Community Development, to advance the creation of

liveable and vibrant communities through comprehensive approaches that

coordinate economic, physical, community and human development;

(3) Community-Based Partnerships, involving the participation of

all segments of the community, including the political and governmental

leadership, community groups, health and social service groups,

environmental groups, religious organizations, the private and non-

profit sectors, centers of learning and other community institutions;

and

(4) Strategic vision for change, which identifies what the

community will become and a strategic map for revitalization. The

vision should build on assets and coordinate a response to community

needs in a comprehensive fashion. It should also set goals and

performance benchmarks for measuring progress and establish a framework

for evaluating and adjusting the revitalization plan.

(d) Elements of strategic plan. The strategic plan should:

(1) Indicate and briefly describe the specific groups,

organizations, and individuals participating in the production of the

plan and describe the history of these groups in the community;

(2) Explain how participants were selected and provide evidence

that the participants, taken as a whole, broadly represent the racial,

cultural and economic diversity of the community;

(3) Describe the role of the participants in the creation,

development and future implementation of the plan;

(4) Identify two or three topics addressed in the plan that caused

the most serious disagreements among participants and describe how

those disagreements were resolved;

(5) Explain how the community participated in choosing the area to

be nominated and why the area was nominated;

(6) Provide evidence that key participants have the capacity to

implement the plan;

(7) Provide a brief explanation of the community's vision for

revitalizing the area;

(8) Explain how the vision creates economic opportunity, encourages

self-sufficiency and promotes sustainable community development;

(9) Identify key needs of the area and the current barriers to

achieving the vision for it, including a description of poverty and

general distress, barriers to economic opportunity and development and

barriers to human development;

(10) Discuss how the vision is related to the assets and needs of

the area and its surroundings;

(11) Describe the ways in which the community's approaches to

economic development, social/human services, transportation, housing,

sustainable community development, public safety, drug abuse

prevention, and educational and environmental concerns will be

addressed in a coordinated fashion; and explain how these linkages

support the community's vision;

(12) Indicate how Social Services Block Grant funds for designated

Empowerment Zones and Enterprise Communities will be utilized.

(i) In doing so, the Strategic Plan shall provide the following

information:

(A) A commitment by the applicant, as well as by the state

government(s) that the EZ/EC SSBG funds will be used to supplement, not

replace, other federal or non-Federal funds for service or activities

eligible under the SSBG program;

(B) A description of the entities that will administer the SSBG

funds;

(C) A certification by such entities that they will provide

periodic reports on the use of the SSBG funds; and

(D) A detailed description of the activities to be financed with

the EZ/EC SSBG funds and how such funds will be allocated.

(ii) The EZ/EC SSBG funds may be used to achieve or maintain the

following goals, through undertaking one of the below specified program

options:

(A) The goal of economic self-support to prevent, reduce or

eliminate dependencies, through one of the following program options:

(1) Funding community and economic development services focused on

disadvantaged adults and youths, including skills training,

transportation services and job, housing business and financial

management counseling;

(2) Supporting programs that promote home ownership, education or

other routes to economic independence for low-income families, youth

and other individuals;

(3) Assisting in the provision of emergency and transitional

shelter for disadvantaged families, youths and other individuals;

(B) The goal of self-sufficiency, including reduction or prevention

of dependencies, through one of the following program options:

(1) Providing assistance to non-profit organizations and/or

community and junior colleges that provide disadvantaged individuals

with opportunities for short-term training courses in entrepreneurial,

self employment and other skills that promote individual self-

sufficiency, and the interest of the community;

(2) Funding programs to provide training and employment for

disadvantaged adults and youths in construction, rehabilitation or

improvement of affordable housing, public infrastructure and community

facilities; and

(C) The goal of prevention or amelioration of the neglect, abuse or

exploitation of children and/or adults unable to protect themselves; or

the goal of preservation or rehabilitation of families, through one of

the following program options:

(1) Providing support for residential or non-residential drug and

alcohol prevention and treatment programs that offer comprehensive

services for pregnant women, mothers and their children;

(2) Establishing programs that provide activities after school

hours, including keeping school buildings open during evenings and

weekends for mentor and study programs.

(iii) If the EZ/EC/SSBG funds are to be used for program options

not included in paragraph (b) of this section, the strategic plan must

indicate how the proposed activities meet the goals set forth in

paragraph (b) of this section and the reasons the approved programs

options were not pursued.

(iv) To the extent that the EZ/EC/SSBG funds are used for the

program options include in paragraph (b) of this section, they may be

used for the following activities, in addition to those activities

permitted by Section 2005 of the Social Security Act:

(A) To purchase or improve land or facilities;

(B) To make cash payments to individuals for subsistence or room

and board;

(C) To make wage payments to individuals as a social service;

(D) To make cash payments for medical care; and

(E) To provide social services to institutionalized persons.

(v) The State must obligate the EZ/EC/SSBG funds in accordance with

the Strategic Plan within 2 years from the date of designation of the

Empowerment Zone or Enterprise community.

(13) Indicate how tax benefits for designated Zones and

Communities, State and local resources, existing Federal resources

available to the locality and additional Federal resources believed

necessary to implement the strategic plan will be utilized within the

Empowerment Zone or Enterprise Community;

(14) Indicate a level of commitment necessary to ensure that these

resources will be available to the area upon designation;

(15) Identify the Federal resources applied for or for which

applications are planned; if a strategic plan indicates how Community

Development Block Grant (CDBG), HOME, Emergency Shelter Grant, and

Housing Opportunities for People with AIDS (HOPWA) funds will be

expended (for the entire locality including the nominated area), the

strategic plan will be considered by the Office of Community Planning

and Development at HUD toward satisfying the consolidated planning

requirements that will soon be issued for these programs.

(16) Identify private resources and support, including assistance

from business, non-profit organizations and foundations, which are

available to be leveraged with public resources; and provide assurances

that these resources will be made available to the area upon

designation;

(17) Identify changes necessary to Federal rules and regulations

necessary to implement the plan, including specific paperwork or other

Federal program requirements that must be altered to permit effective

implementation of the strategic plan; and

(18) Identify specific regulatory and other impediments to

implementing the strategic plan for which waivers are requested, with

appropriate citations and an indication whether waivers can be

accomplished administratively or require statutory changes.

(19) Demonstrate how State and local governments will reinvent

themselves to help implement the plan, by identifying changes that will

be made in State and local organizations, processes and procedures,

including laws and ordinances;

(20) Explain how different agencies in State and local governments

will work together in new responsive ways to implement the strategic

plan;

(21) Identify the specific tasks and timetable necessary to

implement the plan;

(22) Describe the partnerships that will be established to carry

out the plan;

(23) Explain how the plan will be regularly revised to reflect new

information and opportunities; and

(24) Identify benchmarks and goals that should be used in

evaluating performance in implementing the plan.

(e) Prohibition against business relocation. The strategic plan may

not include any action to assist any establishment in relocating from

one area outside the nominated urban area to the nominated urban area,

except that assistance for the expansion of an existing business entity

through the establishment of a new branch, affiliate, or subsidiary is

permitted if:

(1) The establishment of a new branch, affiliate, or subsidiary

will not result in a decrease in employment in the area of original

location or in any other area where the existing business entity

conducts business operations; and

(2) There is no reason to believe that the new branch, affiliate,

or subsidiary is being established with the intention of closing down

the operations of the existing business entity in the area of its

original location or in any other area where the existing business

entity conducts business operations.

(f) Implementation of strategic plan. The strategic plan may be

implemented by the local government(s) and/or by the State(s)

nominating an urban area for designation and/or by nongovernmental

entities identified in the strategic plan. Activities included in the

plan may be funded from any source, Federal, State, local, or private,

which provides assistance in the nominated area.

(g) Activities included in strategic plan. A strategic plan may

include, but is not limited to, activities which address:

(1) Economic problems, through measures designed to create job

training and employment opportunities; support for business startup or

expansion; or development of community institutions;

(2) Human concerns, through the provision of social services, such

as rehabilitation and treatment programs or the provision of training,

education, or other services within the affected area;

(3) Community needs, such as the expansion of housing stock and

homeownership opportunities, efforts to reduce homelessness, efforts to

promote fair housing and equal opportunity, efforts to reduce and

prevent crime and improve security in the area; and

(4) Physical improvements, such as the provision or improvement of

recreational areas, transportation or other public services within the

affected area, and improvements to the infrastructure and environmental

protection

Sec. 597.201 Evaluating the strategic plan.

The strategic plan will be evaluated for effectiveness as part of

the designation process for nominated urban areas described in

Sec. 597.301 of this part. On the basis of this evaluation, HUD may

negotiate reasonable modifications of the strategic plan or of the

boundaries of a nominated urban area or the period for which such

designation shall remain in full effect. The effectiveness of the

strategic plan will be determined in accordance with the four key

principles set forth in Sec. 597.200(c) of this part. HUD will review

each plan submitted in terms of the four equally weighted key

principles, and of such other elements of these key principles as are

appropriate to address the opportunities and problems of each nominated

area which may include:

(a) Economic opportunity. (1) The extent to which businesses, jobs,

and entrepreneurship increase within the Zone or Community;

(2) The extent to which residents will achieve a real economic

stake in the Zone or Community;

(3) The extent to which residents will be employed in the process

of implementing the plan and in all phases of economic and community

development;

(4) The extent to which residents will be linked with employers and

jobs throughout the entire region or metropolitan area, and the way in

which residents will receive training, assistance, and family support

to become economically self-sufficient;

(5) The extent to which economic revitalization in the Zone or

Community interrelates with the broader regional or metropolitan

economies; and

(6) The extent to which lending and investment opportunities will

increase within the Zone or Community through the establishment of

mechanisms to encourage community investment and to create new economic

growth.

(b) Sustainable community development. (1) Consolidated planning.

The extent to which the plan is part of a larger strategic community

development plan for the nominating locality and is consistent with

broader regional development strategies;

(2) Public safety. The extent to which strategies such as community

policing will be used to guarantee the basic safety and security of

persons and property within the Zone or Community;

(3) Amenities and design. The extent to which the plan considers

issues of design and amenities that will foster a sustainable

community, such as open spaces, recreational areas, cultural

institutions, transportation, energy, land and water uses, waste

management, environmental protection, and the quality of life in the

community;

(4) Sustainable development. The extent to which economic

development will be achieved in a manner that protects public health

and the environment;

(5) Supporting families. The extent to which the strengths of

families will be supported so that parents can succeed at work, provide

nurture in the home, and contribute to the life of the community;

(6) Youth development. The extent to which the development of

children, youth, and young adults into economically productive and

socially responsible adults will be promoted, and the extent to which

young people will be provided with the opportunity to take

responsibility for learning the skills, discipline, attitude, and

initiative to make work rewarding;

(7) Education goals. The extent to which schools, religious

institutions, non-profit organizations, for-profit enterprises, local

governments and families will work cooperatively to provide all

individuals with the fundamental skills and knowledge they need to

become active participants and contributors to their community, and to

succeed in an increasingly competitive global economy;

(8) Affordable housing. The extent to which a housing component,

providing for adequate safe housing and ensuring that all residents

will have equal access to that housing is contained in the strategic

plan;

(9) Drug abuse. The extent to which the plan addresses levels of

drug abuse and drug related activity through the expansion of drug

treatment services, drug law enforcement initiatives and community

based drug abuse education programs.

(10) Equal opportunity. The extent to which the plan offers an

opportunity for diverse residents to participate in the rewards and

responsibilities of work and service. The extent to which the plan

ensures that no business within a nominated Zone or Community will

directly or through contractual or other arrangements subject a person

to discrimination on the basis of race, color, national origin, gender

or disability in its employment practices, including recruitment,

recruitment advertising, employment, layoff, termination, upgrading,

demotion, transfer, rates of pay or other forms of compensation, or use

of facilities.

(c) Community-based partnerships. (1) Community partners. The

extent to which residents of the nominated area have participated in

the development of the strategic plan and their commitment to

implementing it, and the extent to which community-based organizations

in the nominated area have participated in the development of the plan

and their record of success measured by their achievements and support

for undertakings within the nominated area; and the extent to which the

plan integrates the local educational, social, civic, environmental and

health organizations and reflects the prominent place that these

institutions play in the life of a revitalized community.

(2) Private and non-profit organizations as partners. The extent to

which partnership arrangements include commitments from private and

non-profit organizations, including corporations, utilities, banks and

other financial institutions, and educational institutions supporting

implementation of the strategic plan;

(3) State and local government partners. The extent to which State

and local governments are committed to providing support to implement

the strategic plan, including their commitment to ``reinventing'' their

roles and coordinating programs to implement the strategic plan; and

(4) Permanent implementation and evaluation structure. The extent

to which a responsible and accountable implementation structure or

process has been created to ensure that the plan is successfully

carried out and that improvements are made throughout the period of the

Zone or Community's designation and the extent to which the partners

agree to be bound by their commitments.

(d) Strategic vision for change. (1) Goals and Coordinated

strategy. The extent to which the strategic plan reflects a projection

for the community's revitalization which links economic, human,

physical, community development and other activities in a mutually

reinforcing, synergistic way to achieve ultimate goals;

(2) Creativity and innovation. The extent to which the activities

proposed in the plan are creative, innovative and promising and will

promote the civic spirit necessary to revitalize the nominated area;

(3) Building on assets. The extent to which the vision for

revitalization realistically addresses the needs of the nominated area

in a way that takes advantage of its assets.

(4) Benchmarks and learning. The extent to which the plan includes

performance benchmarks for measuring progress in its implementation,

including an on-going process for adjustments, corrections and building

on what works.

Sec. 597.202 Submission of nominations for designation.

(a) General. A nomination for designation as an Empowerment Zone

and/or Enterprise Community must be submitted for each urban area for

which such designation is requested. The nomination shall be submitted

in a form to be prescribed by HUD in the application and in the Notice

Inviting Applications published in the Federal Register, and must

contain complete and accurate information.

(b) Certifications. Certifications must be submitted by the

State(s) and local government(s) requesting designation stating that:

(1) The nominated urban area satisfies the boundary tests of

Sec. 597.100(d) of this part;

(2) The nominated urban area is one of pervasive poverty,

unemployment and general distress, as prescribed by Sec. 597.102 of

this part;

(3) The nominated urban area satisfies the poverty rate tests set

forth in Sec. 597.103 of this part;

(4) The nominated urban area contains no portion of an area that is

either already designated as an Empowerment Zone and/or Enterprise

Community, or is otherwise included in any other area nominated for

designation as an Empowerment Zone and/or Enterprise Community;

(5) Each nominating governmental entity has the authority to:

(i) Nominate the urban area for designation as an Empowerment Zone

and/or Enterprise Community;

(ii) Make the State and local commitments required by

Sec. 597.200(d) of this part; and

(iii) Provide written assurances satisfactory to the Secretary that

these commitments will be met.

(6) Provide assurances that the amounts provided to the State for

the area under section 2007 of title XX of the Social Security Act will

not be used to supplant Federal or non-Federal funds for services and

activities which promote the purposes of section 2007;

(7) Provide that the nominating governments or corporations agree

to make available all information requested by HUD to aid in the

evaluation of progress in implementing the strategic plan and reporting

on the use of Empowerment Zone/Enterprise Community Social Service

Block Grant funds; and

(8) Provide assurances that the nominating State(s) agrees to

distribute the Empowerment Zone/Enterprise Community Social Service

Block Grant funds in accordance with the strategic plan submitted for

the designated Zone or Community.

(c) Maps and area description. Maps and a general description of

the nominated urban area shall accompany the nomination request.

Subpart D--Designation Process

Sec. 597.300 HUD action and review of nominations for designation.

(a) Establishment of submission procedures. HUD will establish a

time period and procedures for the submission of nominations for

designation as Empowerment Zones or Enterprise Communities, including

submission deadlines and addresses, in a Notice Inviting Applications,

to be published in the Federal Register.

(b) Acceptance for processing. (1) HUD will accept for processing

those nominations for designation as Empowerment Zones or Enterprise

Communities which HUD determines have met the criteria required by this

part. HUD will notify the State(s) and local government(s) whether or

not the nomination has been accepted for processing. The criteria for

acceptance for processing are as follows:

(2) The nomination for designation as an Empowerment Zone or

Enterprise Community must be received by HUD on or before the time on

the date established by the Notice Inviting Applications published in

the Federal Register. The nomination for designation as an Empowerment

Zone or Enterprise Community must be complete and must be accompanied

by a strategic plan, as required by Sec. 597.200(c) of this part, and

the certifications required by Sec. 597.202(b) of this part.

(c) Evaluation of nominations. In the process of reviewing each

nomination accepted for processing, HUD may undertake a site visit(s)

to any nominated area to aid in the process of evaluation.

(d) Modification of the strategic plan, boundaries of nominated

urban areas, and/or period during which designation is in effect.

Subject to the limitations imposed by Sec. 597.100 of this part, HUD

may negotiate reasonable modifications of the strategic plan, the

proposed boundaries of a nominated urban area, or the term for which a

designation is to remain in full effect, to ensure maximum efficiency

and fairness in the provision of assistance to such areas.

(e) Publication of designations. Announcements of those nominated

urban areas designated as Empowerment Zones or Enterprise Communities

will be made by publication of a Notice in the Federal Register.

Sec. 597.301 Selection factors for designation of nominated urban

areas.

(a) Selection factors. In choosing among nominated urban areas

eligible for designation, the Secretary shall consider:

(1) The effectiveness of the strategic plan in accordance with the

key principles and evaluative criteria set out in Sec. 597.201.

(2) The effectiveness of the assurances made pursuant to

Sec. 597.200(a)(2) that the strategic plan will be implemented.

(3) The extent to which an application proposes activities that are

creative and innovative in comparison to other applications.

(4) Such other factors established by HUD. Such factors include,

but are not limited to, the degree of need demonstrated by the

nominated area for assistance under this part. If other factors are

established by HUD, a Federal Register Notice will be published

identifying such factors, along with an extension of the application

due date if necessary.

(b) Geographic diversity. HUD, in its discretion, may choose to

select for designation a lower rated approvable application over a

higher rated application in order to increase the level of geographic

diversity of designations approved under this part.

Sec. 597.302 Number of Empowerment Zones and Enterprise Communities

designated.

(a) Empowerment Zones. HUD will designate up to six of the

nominated urban areas as Empowerment Zones, provided: That if six such

zones are so designated, no less than one shall be designated in an

urban area the most populous city of which has a population of 500,000

or less and no less than one shall be a nominated urban area which

includes areas in two States and which has a population of 50,000 or

less.

(b) Enterprise Communities. HUD will designate up to 65 of the

nominated urban areas not designated Empowerment Zones under paragraph

(a) of this section as Enterprise Communities.

Subpart E--Post-Designation Requirements

Sec. 597.400 Reporting.

HUD will require periodic reports for the Empowerment Zones and

Enterprise Communities designated pursuant to this part. These reports

will identify the community, local government and State actions which

have been taken in accordance with the strategic plan. In addition to

these reports, such other information relating to designated

Empowerment Zones and Enterprise Communities as HUD shall request from

time to time, including information documenting nondiscrimination in

hiring and employment by businesses within the designated Empowerment

Zone or Enterprise Community, shall be submitted promptly.

Sec. 597.401 Periodic performance reviews.

HUD will regularly evaluate the progress of the strategic plan in

each designated Empowerment Zone and Enterprise Community on the basis

of performance reviews to be conducted on site and other information

submitted. HUD will also commission evaluations of the Empowerment Zone

program as a whole by an impartial third party, at such intervals as

HUD may establish.

Sec. 597.402 Validation of designation.

(a) Reevaluation of designations. On the basis of the performance

reviews described in Sec. 597.401, and subject to the provisions

relating to the revocation of designation appearing at Sec. 597.403,

HUD will make findings on the continuing eligibility for and the

validity of the designation of any Empowerment Zone or Enterprise

Community. Determinations of whether any designated Empowerment Zone or

Enterprise Community remains in good standing shall be promptly

communicated to all Federal agencies providing assistance or

administering programs under which assistance can be made available in

such Zone or Community.

(b) Modification of designation. Based on an urban area's success

in carrying out its strategic plan, and subject to the provisions

relating to revocation of designation appearing at Sec. 597.403 of this

part and the requirements as to the number, maximum population and

other characteristics of urban Empowerment Zones set forth in

Sec. 597.3 of this part, the Secretary may modify designations by

reclassifying urban Empowerment Zones as Enterprise Communities or

Enterprise Communities as Empowerment Zones.

Sec. 597.403 Revocation of designation.

(a) Basis for revocation. The Secretary may revoke the designation

of an urban area as an Empowerment Zone or Enterprise Community if the

Secretary determines, on the basis of the periodic performance review

described at Sec. 597.401 of this part, that the State(s) or local

government(s) in which the urban area is located:

(1) Has modified the boundaries of the area;

(2) Has failed to make progress in achieving the benchmarks set

forth in the strategic plan; or

(3) Has not complied substantially with the strategic plan.

(b) Letter of warning. Before revoking the designation of an urban

area as an Empowerment Zone or Enterprise Community, the Secretary will

issue a letter of warning to the nominating State(s) and local

government(s):

(1) Advising that the Secretary has determined that the nominating

local government(s) and/or State(s) has:

(i) Modified the boundaries of the area; or

(ii) Is not complying substantially with, or has failed to make

progress in achieving the benchmarks set forth in the strategic plan

prepared pursuant to Sec. 597.200(c) of this part; and

(2) Requesting a reply from all involved parties within 90 days of

the receipt of this letter of warning.

(c) Notice of revocation. After allowing 90 days from the date of

receipt of the letter of warning for response, and after making a

determination pursuant to paragraph (a) of this section, the Secretary

may issue a final notice of revocation of the designation of the urban

area as an Empowerment Zone or Enterprise Community.

(d) Notice to affected Federal agencies. HUD will notify all

affected Federal agencies providing assistance in an urban Empowerment

Zone or Enterprise Community of its determination to revoke any

designation pursuant to this section or to modify a designation

pursuant to Sec. 597.402(b) of this part.

Subpart F--Special Rules

Sec. 597.500 Indian reservations.

No urban Empowerment Zone or Enterprise Community may include any

area within an Indian reservation.

Sec. 597.501 Governments.

If more than one State or local government seeks to nominate an

urban area under this part, any reference to or requirement of this

part shall apply to all such governments.

Sec. 597.502 Nominations by economic development corporations or the

District of Columbia.

Any urban area nominated by an Economic Development Corporation

chartered by the State in which it is located or by the District of

Columbia shall be treated as nominated by a State and local government.

Sec. 597.503 Use of census data.

Population and poverty rate data shall be determined by the most

recent decennial census data available.

Dated: January 12, 1994.

Andrew Cuomo,

Assistant Secretary for Community Planning and Development.

[FR Doc. 94-1158 Filed 1-14-94; 8:45 am]

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