Sec. 40101. Community development block grant funding for affordable housing and infrastructure
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In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2022, out of any money in the Treasury not otherwise appropriated— $6,600,000,000 for grants to grantees under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C.5306) under the community development block grant program under title I of such Act, subject to subsection
(b)of this section, except that for purposes of amounts made available by this paragraph, paragraph
(2)of such section 106(a) shall be applied by substituting $70,000,000 for $7,000,000 ; $1,000,000,000 for assistance to community development block grant grantees, as determined by the Secretary, under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ), only for colonias, to address the community and housing infrastructure needs of existing colonia residents based on a formula that takes into account persons in poverty in the colonia areas, except that grantees may use funds in colonias outside of the 150-mile border area upon approval of the Secretary; $500,000,000 for grants under the community development block grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) to eligible recipients under subsection
(d)of this section for manufactured housing infrastructure improvements in eligible manufactured home communities; $300,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section, the Community Development Block Grant program, and the manufactured home construction and safety standards program generally, including information technology, financial reporting, research and evaluations, fair housing compliance, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; and the Secretary may transfer and merge amounts set aside under this paragraph to section 40301; and $100,000,000 for providing technical assistance to recipients of or applicants for grants under this section. Amounts appropriated by this section shall remain available until September 30, 2031. Expenditures on new construction of housing shall be an eligible expense for a recipient of funds made available under this section that is not a recipient of funds under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 42 U.S.C. 12721 et seq. ). The Secretary of Housing and Urban Development shall carry out a competitive grant program to award funds appropriated under subsection (a)(4) to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. Amounts from grants under this subsection shall be used only to assist in carrying out a project for construction, reconstruction, repair, or clearance of housing, facilities and improvements in or serving a manufactured housing community that— is critically needed to protect the health and safety of the residents of the manufactured housing community and the long-term sustainability of the community; can be commenced expeditiously assisted by a grant under this subsection; and includes activities— eligible under the community development block grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); to facilitate installation, including foundation construction for new manufactured homes, as defined in section 603 of the National Manufactured Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 ) and regulated under associated regulations, and previously sold certified manufactured homes; or to mitigate flood risk. The Secretary shall prioritize awards under this section by the extent to which the project will assist low-income families and preserve long-term housing affordability for residents of an eligible manufactured home community. The Secretary may waive or specify alternative requirements for any provision of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is necessary to expedite or facilitate the use of amounts made available under this section. For purposes of this section, the following definitions shall apply: The term colonia area means any census tract that— is an area of the United States within 150 miles of the contiguous border between the United States and Mexico, except as otherwise determined by the Secretary; and lacks potable water supply, adequate sewage systems, and lack of decent, safe, sanitary housing, and other objective criteria as approved by the Secretary. The term eligible manufactured home community means a community that— meets the affordable housing safe harbor requirements of the Internal Revenue Service under section 601.201 of title 26, Code of Federal Regulations; and is owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary, in which at least two-thirds of residents are member-owners of the land-owning entity; or the Secretary otherwise determines is subject to such binding agreements as are necessary to ensure that the manufactured housing community will be maintained as such a community, and affordable for low-income families (as such term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 )), on a long-term basis. The term eligible recipient means a partnership of— a grantee under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C.5306); and an eligible manufactured home community, a nonprofit entity, or a consortia of nonprofit entities working with an eligible manufactured home community. The term manufactured home community means any community, court, or park equipped to accommodate manufactured homes for which pad sites, with or without existing manufactured homes or other allowed homes, or other suitable sites, are used primarily for residential purposes, with any additional requirements as determined by the Secretary, including any manufactured housing community as such term is used for purposes of the program of the Federal National Mortgage Association for multifamily loans for manufactured housing communities and the program of the Federal Home Loan Mortgage Corporation for loans for manufactured housing communities. The Secretary shall have authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.
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- 42 USC 42
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Sec. 40101
Community development block grant funding for affordable housing and infrastructure
Cite42 USC 42
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