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HUD/CPD RIN: 2506-AC28 Publication ID: Fall 2010 
Title: Section 108 Community Development Loan Guarantee Program: Participation of States as Borrowers Pursuant to Section 222 of the Omnibus Appropriations Act, 2009 (FR-5326) 
Abstract: This rule implements section 222 in Division I of the Omnibus Appropriations Act, 2009, Public Law 111-8 (2009 Appropriations Act). Section 222 authorizes HUD, to the extent of Fiscal Year (FY) 2009 loan guarantee authority, to provide community development loan guarantees, under section 108 of the Housing and Community Development Act of 1974 (HCD Act), to States borrowing on behalf of local governments in nonentitlement areas (governments that do not receive annual Community Development Block Grants (CDBG) from HUD). Section 108 authorizes HUD to guarantee notes issued by such nonentitlement local governments or their designated public agencies supported by the respective State’s pledge of its CDBG funds. Prior to the enactment of section 222, HUD lacked authority to guarantee notes issued by States on their behalf. State officials interested in applying for a loan guarantee commitment pursuant to this new authority should take note that HUD’s authority to issue such commitments will expire on September 30, 2010 (and could be fully utilized by other borrowers before that date), unless the provision continues to be included in future appropriations acts. The rule, however, contains language that will make the provisions implementing this new authority continue to apply, in the event that provisions equivalent to section 222 are included in future appropriations acts. Because the provisions of section 222 expand, rather than replace, existing section 108 authority, HUD will also continue to accept nonentitlement local government issuers' State-supported applications for loan guarantee commitments. 
Agency: Department of Housing and Urban Development(HUD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 570   
Legal Authority: 42 USC 5300 to 5320   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  07/22/2009  74 FR 36384   
Interim Final Rule Effective  08/21/2009    
Interim Final Rule Comment Period End  09/21/2009    
Final Action  04/06/2010  75 FR 17303   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Paul D. Webster
Director, Financial Management Division, Office of CPD
Department of Housing and Urban Development
Office of Community Planning and Development
451 7th Street SW.,
Washington, DC 20410
Phone:202 708-1871
Fax:202 708-1798