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DATE:
5 August 1998
TO:
State Administrators of Social Services Block Grants for
Empowerment Zones and Enterprise Communities (EZ/EC SSBG), State Comptrollers, Empowerment Zones (EZs) and Enterprise Communities (ECs), appropriate city and county governments, and other organizations receiving EZ/EC SSBG funds.
SUBJECT:
Federal Construction Standards for Projects Financed Exclusively with EZ/EC Social Services Block Grant funds.
RELATED SUBJECTS:
Public Law 103-66; Omnibus Budget Reconciliation Act of 1993; C.F.R. Title 45, Part 96, U.S. Department of Health and Human Services (DHHS) Block Grant Regulations; various guidance letters distributed to States and localities about the EZ/EC program.
PURPOSES:
To clarify that the DHHS has established no "construction standards" for projects financed exclusively with EZ/EC SSBG funds.
POLICY:
It is DHHS policy that the designated Empowerment Zones and Enterprise Communities should be allowed to carry out their EZ/EC activities as indicated in their strategic plans and in keeping with applicable federal, state and local laws and regulations. The DHHS has established no particular construction requirements or standards for projects financed with EZ/EC SSBG funds. The DHHS defers to the EZ/EC Lead Entities and other relevant local organizations for decisions about what particular standards are appropriate for any given EZ/EC SSBG-financed construction project.
EZ/EC Lead Entities are expected to comply with all local, city, county, state, federal and other applicable public codes). Furthermore, the EZ/EC Lead Entities should ensure that buildings and other structures financed with EZ/EC SSBG funds are functional and safe.
CONSTRUCTION PROJECTS REFINANCED
WITH EZ/EC SSBG FUNDS IN COMBINAITON
WITH OTHER FEDERAL FUNDS:
When financing construction projects with the EZ/EC SSBG award
in combination with other federal funds, the EZ/EC Lead Entity
should look to the regulations governing the other sources of funds
to determine whether specific federal construction standards apply.
For example, localities planning to use the EZ/EC SSBG award in
Combination with Community Development Block Grant (CDBG)
funds should look to CDBG regulations issued by the U.S.
Department of Housing and Urban Development to determine
whether any construction standards apply, and those using the EZ/EC SSBG award in conjunction with federal rural development funds should look to the U.S. Department of Agriculture regulations concerning that department's requirements for the rural development program grants.
OTHER FEDERAL STATUTES/REGULATIONS THAT MAY APPLY TO CONSTRUCTION
PROJECTS FINANCED WITH EZ/EC FUNDS:
Entities using federal grant funds must for particular types of
Construction projects must comply with specific federal laws and
regulations enforced by agencies other than DHHS (e.g., The Americans With Disabilities Act, the regulations for which have been promulgated by the U.S. Department of Justice, requires that places of public accommodation must be accessible by people with disabilities). Such statutes apply to all organizations using federal funds, including EZ/EC Lead Entities and their subrecipients. Therefore, when developing construction projects, EZ/EC Lead Entities should confer with architects, engineers, attorneys, and/or other knowledgeable professionals, as appropriate, to determine whether requirements of specific federal statutes or regulations apply to the specific project under consideration for construction.
FEDERAL CONSTRUCTION STANDARDS THAT MAY
GUIDE LOCAL LEAD ENTITIES:
Some federal program offices have created construction standards
for doing construction activities. These standards are not
applicable "per se" to organizations financing construction projects only with EZ/EC SSBG funds (i.e., not in combination with other federal grant funds). However, such construction standards may be useful guidelines for EZ/EC Lead Entities that are planning or implementing construction activities.
MORE INFORMATION:
Localities and States with specific questions about construction
related matters may confer with their point of contact at either the
U.S. Departments of Agriculture or Housing and Urban Development for advice about which federal construction standards may be useful as guidance documents. Those departments manage day-to-day aspects of the EZ/EC Initiative, and they have extensive knowledge about infrastructure development and construction activities.
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If you have questions or comments, please e-mail James Gatz of the Office of Community Services.
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This document was last modified 3/27/2001 10:16am EST
