Sec. 6. Comprehensive planning grant program
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/bill/113/s/2900/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the following definitions shall apply: The term consortium of units of general local governments means a consortium of geographically contiguous units of general local government that the Secretary determines— represents all or part of a metropolitan statistical area, a micropolitan statistical area, or a noncore area; has the authority under State, tribal, or local law to carry out planning activities, including surveys, land use studies, environmental or public health analyses, and development of urban revitalization plans; and has provided documentation to the Secretary sufficient to demonstrate that the purpose of the consortium is to carry out a project using a grant awarded under this Act.
The term eligible entity means— a partnership between a consortium of units of general local government and an eligible partner; or an Indian tribe, if— the Indian tribe has— a tribal entity that performs housing and land use planning functions; and a tribal entity that performs transportation and transportation planning functions; and the Secretary determines that the isolated location and land expanse of the Indian tribe require the Secretary to treat the tribe as an eligible entity for purposes of carrying out activities using a grant awarded under this section.
The term eligible partner means— a metropolitan planning organization, a rural planning organization, or a regional council; or a metropolitan planning organization, a rural planning organization, or a regional council, and— a State; an Indian tribe; a State and an Indian tribe; or an institution of higher education. The term grant program means the comprehensive planning grant program established under subsection (b). The term noncore area means a county or group of counties that are not designated by the Office of Management and Budget as a micropolitan statistical area or metropolitan statistical area.
The Director shall establish a comprehensive planning grant program to make grants to eligible entities to carry out a project— to coordinate locally defined planning processes across jurisdictions and agencies; to identify regional partnerships for developing and implementing a comprehensive regional plan; to conduct or update assessments to determine regional needs and promote economic and community development; to develop or update— a comprehensive regional plan; or goals and strategies to implement an existing comprehensive regional plan and other related activities; and to identify local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development.
The Director shall ensure geographic diversity among and adequate representation from each of the following categories: Eligible entities that represent all or part of a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000. Eligible entities that represent all or part of a metropolitan statistical area with a population of more than 200,000 and not more than 500,000. Eligible entities that represent all or part of a metropolitan statistical area with a population of more than 500,000.
The Director shall— award not less than 15 percent of the funds under the grant program to eligible entities described in paragraph (1)(A); and ensure diversity among the geographic regions and the size of the population of the communities served by recipients of grants that are eligible entities described in paragraph (1)(A). If the Director determines that insufficient approvable applications have been submitted by eligible entities described in paragraph (1)(A), the Director may award less than 15 percent of the funds under the grant program to eligible entities described in paragraph (1)(A).
Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant under the grant program may not exceed 80 percent. In the case of an eligible entity described in paragraph (1)(A), the Federal share of the cost of a project carried out using a grant under the grant program may be 90 percent. In the case of an eligible entity that is an Indian tribe, the Federal share of the cost of a project carried out using a grant under the grant program may be 100 percent.
For the purposes of this section, in-kind contributions may be used for all or part of the non-Federal share of the cost of a project carried out using a grant under the grant program. Federal funding from sources other than the grant program may not be used for the non-Federal share of the cost of a project carried out using a grant under the grant program. An eligible entity that receives a grant under the grant program shall— obligate any funds received under the grant program not later than 2 years after the date on which the grant agreement under subsection
(g)is made; and expend any funds received under the grant program not later than 4 years after the date on which the grant agreement under subsection
(g)is made. After the date described in subparagraph (A)(i), the Secretary may award to another eligible entity, to carry out activities under this section, any amounts that an eligible entity has not obligated under subparagraph (A)(i). An eligible entity that desires a grant under this section shall submit to the Director an application, at such time and in such manner as the Director shall prescribe, that contains— a description of the project proposed to be carried out by the eligible entity; a budget for the project that includes the anticipated Federal share of the cost of the project and a description of the source of the non-Federal share; the designation of a lead agency or organization, which may be the eligible entity, to receive and manage any funds received by the eligible entity under the grant program; a signed copy of a memorandum of understanding among local jurisdictions, including, as appropriate, a State, an Indian tribe, units of general purpose local government, units of special purpose local government, metropolitan planning organizations, rural planning organizations, and regional councils that demonstrates— the creation of an eligible entity; a description of the nature and extent of planned collaboration between the eligible entity and any partners of the eligible entity; a commitment to develop a comprehensive regional plan; and a commitment to implement the plan after the plan is developed; a certification that the eligible entity has— secured the participation, or made a good-faith effort to secure the participation, of transportation providers and public housing agencies within the area affected by the comprehensive regional plan and the entities described in clause (ii); and created, or will create not later than 1 year after the date of the grant award, a regional advisory board to provide input and feedback on the development of the comprehensive regional plan that includes representatives of a State, the metropolitan planning organization, the rural planning organization, the regional council, local jurisdictions, non-profit organizations, and others, as deemed appropriate by the eligible entity, given the local context of the comprehensive planning effort; a certification that the eligible entity has solicited public comment on the contents of the project description under subparagraph
(A)that includes— a description of the process for receiving public comment relating to the proposal; and such other information as the Director may require; a description of how the eligible entity will carry out the activities under subsection (f); and such additional information as the Director may require. An eligible entity that is an Indian tribe is not required to submit the certification under paragraph (1)(E). In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application— demonstrates that the applicant has or will have the legal, financial, and technical capacity to carry out the project; demonstrates the extent to which the consortium has developed partnerships throughout an entire region, including, as appropriate, partnerships with the entities described in subsection (d)(1)(D); demonstrates integration with local efforts in economic development and job creation; demonstrates a strategy for implementing a comprehensive regional plan through regional infrastructure investment plans and local land use plans; promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under this section; demonstrates a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan; demonstrates that a Federal grant is necessary to accomplish the project proposed to be carried out; minimizes the Federal share necessary to carry out the project and leverages State, local, or private resources; and demonstrates such other qualities as the Director may determine. An eligible entity that receives a grant under this section shall carry out a project that includes 1 or more of the following activities: Coordinating locally defined planning processes across jurisdictions and agencies. Identifying potential regional partnerships for developing and implementing a comprehensive regional plan. Conducting or updating assessments to determine regional needs, including healthy housing, and promote economic and community development. Developing or updating— a comprehensive regional plan; or goals and strategies to implement an existing comprehensive regional plan. Implementing local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development. Each eligible entity that receives a grant under the grant program shall agree to establish, in coordination with the Director, performance measures, reporting requirements, and any other requirements that the Director determines are necessary, that the eligible entity shall meet at the end of each year in which the eligible entity receives funds under the grant program. Each eligible entity that receives a grant under the grant program shall perform substantial outreach activities— to engage a broad cross-section of community stakeholders in the process of developing a comprehensive regional plan, including low-income families, minorities, older adults, and economically disadvantaged community members; and to create an effective means for stakeholders to participate in the development and implementation of a comprehensive regional plan. An eligible entity that receives a grant under the grant program may not finalize a comprehensive regional plan before the eligible entity holds a public hearing to obtain the views of citizens, public agencies, and other interested parties. Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall make the proposed comprehensive regional plan and all information relevant to the hearing— available to the public for inspection during normal business hours; and available on a publically accessible website. Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall publish notice— of the hearing; and that the information described in subparagraph
(B)is available. If the Director determines that an eligible entity has not met the performance measures established in the grant agreement under subsection (g), is not making reasonable progress toward meeting such measures, is otherwise in violation of the grant agreement, or has not complied with the public outreach requirements under subsection (h), the Director may— withhold financial assistance until the requirements under the grant agreement or under subsection (h), as applicable, are met; or terminate the grant agreement. Not later than 90 days after the date on which the grant agreement under subsection
(g)expires, an eligible entity that receives a grant under the grant program shall submit a final report on the project to the Secretary. The report shall include— a detailed explanation of the activities undertaken using the grant, including an explanation of the completed project and how it achieves specific transit-oriented, transportation, housing, or sustainable community goals within the region; a discussion of any obstacles encountered in the planning process and how the eligible entity overcame the obstacles; an evaluation of the success of the project using the performance measures established in the grant agreement under subsection (g), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive regional plan; and any other information the Director may require. The Director may require an eligible entity to submit an interim report before the date on which the project for which the grant is awarded is completed. There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended— $100,000,000 for fiscal year 2015; and $125,000,000 for each of fiscal years 2016 through 2019. The Director may use not more than 2 percent of the amounts made available under this subsection for a fiscal year for technical assistance under section 5(c)(3).