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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 30COMMUNITY DEVELOPMENT
SUBCHAPTER ATEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RULE §30.12Changes or Amendments

(a) Whenever a proposed change requires Department approval, the Department may require citizen participation in accordance with §30.7 of this subchapter (relating to Citizen Participation Process). A grant recipient shall provide citizens with reasonable advance notice of, and opportunity to comment on, activities which are proposed to be added, deleted or substantially changed from the grant application to the Department. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the Department.

(b) The Department is not required to approve amendment requests and does not guarantee that extensions will be approved.

  (1) Consideration of requests for amendment by a grant recipient that is out of compliance on any TxCDBG grant award may be withheld until the grant recipient satisfies all requirements for all outstanding grant agreements.

  (2) Requests to change the original project as described in the application, or to add a different or new activity, may not be approved generally; however, the Department may consider approval of a new project under either of the following circumstances:

    (A) a natural disaster, documented by a presidential or gubernatorial declaration; or

    (B) a decision by a federal or state agency prevents the grant recipient from completing the original project.

  (3) Requests for extensions to grant agreements that have not made sufficient progress during the existing grant period will not be approved.

(c) A request for extension must be received no later than 30 days prior to the termination date of the grant agreement.

(d) A request for amendment must be in a manner and format prescribed by the Department and include, but not limited to, the following, as applicable:

  (1) Proposed amendments to a performance statement or budget: a detailed explanation why the amendment is required and a revised plan of work and/or budget must be submitted.

  (2) Extension requests: a request for extension must include a timeline of events beginning on the date of grant award, a detailed explanation why the project is not expected to be completed within the grant term, and, if applicable, supporting documentation demonstrating extenuating circumstances.

(e) The Department will not approve changes that would have resulted in a lower application score and thus causing the application to be out of funding range.


Source Note: The provisions of this §30.12 adopted to be effective August 28, 2022, 47 TexReg 5099

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