[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Rules and Regulations]
[Pages 16377-16381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7730]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Subtitle A, Appendices A and B, and Parts 91, 248, 570, 572,
582, 583, 882, 889 and 890
[Docket No. R-94-1731; FR-3611-F-08]
RIN 2501-AB72
Consolidated Plan for Community Planning and Development
Programs: Conforming Changes to Program Regulations
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule; technical amendment.
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SUMMARY: This rule amends the Department's existing regulations for
programs that refer to the Comprehensive Housing Affordability Strategy
(CHAS) to replace references to the CHAS with references to the
document that has replaced it--the Consolidated Plan. A final rule was
published on January 5, 1995, that revised 24 CFR part 91 to replace
the CHAS with the consolidated plan as the document that embodies a
jurisdiction's determination of housing needs and planned use of HUD
funds to meet those needs.
EFFECTIVE DATE: February 6, 1995.
FOR FURTHER INFORMATION CONTACT: Joseph F. Smith, Director, Policy
Coordination, Office of Community Planning and Development, 451 Seventh
Street SW., Washington, DC 20410-7000, telephone (202) 708-1283 (voice)
or (202) 708-2565 (TDD). (These are not toll-free telephone numbers.)
Copies of this rule will be made available on tape or large print for
those with impaired vision that request them. They may be obtained at
the above address.
SUPPLEMENTARY INFORMATION:
I. Background
A final rule providing for a consolidated plan and a single
performance report for all HUD community planning and development
formula grant programs was published on January 5, 1995, effective
February 6, 1995, which affects determinations of consistency of
applications for funding for other programs, as described in 24 CFR
91.2(b). The programs affected, for which conforming changes are
necessary to published program requirements, are HOPE for Public and
Indian Housing Homeownership Program (``HOPE 1'') (program guidelines
codified as Appendix A to Subtitle A of 24 CFR), HOPE for Homeownership
of Multifamily Units Program (``HOPE 2'') (program guidelines codified
as Appendix B to Subtitle A of 24 CFR), Lead-Based Paint Hazard
Reduction Program (Part 35), Prepayment of Low Income Housing Mortgages
(Part 248), HOPE for Homeownership of Single Family Homes Program (Part
572), Shelter Plus Care Program (Part 582), Supportive Housing Program
(Part 583), Section 8 Moderate Rehabilitation Single Room Occupancy
Program for Homeless Individuals (Part 882, Subpart H), Supportive
Housing for the Elderly Program (Part 889), and Supportive Housing for
Persons With Disabilities Program (Part 890). The regulations (or
guidelines, in the case of HOPE 1 and HOPE 2) for all of these programs
are amended by this rule, except for the Lead-Based Paint Hazard
Reduction Program, for which a separate rulemaking is underway.
In addition, the Community Development Block Grant (CDBG) program
regulations are being amended in this rule to make the provision in the
CDBG rule concerning the deadline for submitting the consolidated plan
consistent with the provision in the consolidated plan rule. (Section
91.15 provides that a consolidated plan must be submitted no later than
August 16 of the federal fiscal year for which funding is sought,
whereas Sec. 570.304(c)(1) states that the first working day of
September is the deadline.)
Another technical correction being made in this rule is to remove
from 24 CFR part 91 a provision that conflicts with a State CDBG
program provision. (Section 570.483(d) prescribes the manner in which
States meet the requirements for funding an activity under the ``urgent
need'' national objective. Section 91.320(g)(1)(i) of the consolidated
plan rule prescribes another method.) The Department wishes to preserve
the method specified in the CDBG State program regulation, so this rule
removes the provision from the consolidated plan rule.
II. Justification for Final Rule
In general, the Department publishes a rule for public comment
before issuing a rule for effect, in accordance with its own
regulations on rulemaking, 24 CFR [[Page 16378]] part 10. However, part
10 does provide for exceptions from that general rule where the agency
finds good cause to omit advance notice and public participation. The
good cause requirement is satisfied when prior public procedure is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1) The Department finds that good cause exists to publish this
rule for effect without first soliciting public comment, in that prior
public procedure is unnecessary. This rule is technical in nature,
making amendments to program regulations to conform their terminology
to the status of the current consolidated plan regulations at 24 CFR
part 91. No purpose would be served by requesting comments on this
technical change. In fact, this rule is effective retroactive to the
effective date of the final consolidated plan rule, so that the
references to the CHAS, which is superseded by the Consolidated Plan,
can instead refer to the then operative document.
Findings and Certifications
Impact on the Environment
A Finding of No Significant Impact with respect to the environment
was made in accordance with HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969, 42 U.S.C. 4332, in connection with the Consolidated Plan final
rule. That Finding of No Significant Impact, applicable to this
technical conforming rule, is available for public inspection and
copying during regular business hours (7:30 a.m. to 5:30 p.m.) in the
Office of the Rules Docket Clerk, room 10276, 451 Seventh Street SW.,
Washington, DC 20410-0500.
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule do not have significant impact on States or
their political subdivisions since the requirements of the rule are
limited to technical amendments necessary to carry out accurately the
provisions of programs whose regulations were not amended in the
original Consolidated Plan rule.
Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule does not have
potential for significant impact on family formation, maintenance, and
general well-being, and, thus is not subject to review under the Order
since it is only a technical, conforming rule.
Impact on Small Entities
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule will not have a significant
impact on a substantial number of small entities, because it imposes no
new burdens on jurisdictions.
Regulatory Agenda
This rule was not listed in the Department's Semiannual Regulatory
Agenda published on November 14, 1994 (59 FR 57632, 57641), under
Executive Order 12866 and the Regulatory Flexibility Act.
List of Subjects
24 CFR Part 91
Aged, Grant programs--housing and community development, Homeless,
Individuals with disabilities, Low and moderate income housing,
Reporting and recordkeeping requirements.
24 CFR Part 248
Intergovernmental relations, Loan programs--housing and community
development, Low and moderate income housing, Mortgage insurance,
Reporting and recordkeeping requirements.
24 CFR Part 570
Administrative practice and procedure, Grant programs--housing and
community development, American Samoa, Northern Mariana Islands,
Pacific Islands Trust Territory, Puerto Rico, Virgin Islands.
24 CFR Part 572
Condominiums, Cooperatives, Government property, Grant programs--
housing and community development, Low and moderate income housing,
Nonprofit organizations, Reporting and recordkeeping requirements.
24 CFR Part 582
Homeless, Rent subsidies, Reporting and recordkeeping requirements,
Supportive housing programs--housing and community development,
Supportive services.
24 CFR Part 583
Homeless, Rent subsidies, Reporting and recordkeeping requirements,
Supportive housing programs--housing and community development,
Supportive services.
24 CFR Part 889
Aged, Capital advance programs, Grant programs--housing and
community development, Loan programs--housing and community
development, Low and moderate income housing, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 890
Civil rights, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Low and moderate income housing, Mental health programs,
Reporting and recordkeeping requirements.
Accordingly, Appendices A and B to Subtitle A of title 24 Code of
Federal Regulations and parts 91, 248, 570, 572, 582, 583, 882, 889,
and 890 of title 24 of the Code of Federal Regulations are amended as
follows:
Appendix A to Subtitle A of 24 CFR [Amended]
1. Appendix A is amended in the following way:
a. In Section II., Definitions, the definition of the term ``CHAS''
is removed and a definition of the term ``Consolidated Plan'' is added
in its place, to read as follows:
Consolidated plan. The document that is submitted to HUD that
serves as the planning document (comprehensive housing affordability
strategy and community development plan) of the jurisdiction and an
application for funding under Community Planning and Development
formula grant programs, which is prepared in accordance with the
process prescribed in 24 CFR part 91.
b. In Section III, under the heading of Section 310. Applications
for planning grants., in paragraph (b)(4), the term ``CHAS'' is removed
wherever it appears, and the term ``Consolidated Plan'' is added in
each of those places.
c. In Section IV, under the heading of Section 415. Applications
for implementation grants., in paragraph (b)(17), the term ``CHAS'' is
removed wherever it appears, and the term ``Consolidated Plan'' is
added in each of those places.
Appendix B to Subtitle A of 24 CFR [Amended]
2. Appendix B is amended in the following way:
a. In Section II., Definitions, the definition of the term ``CHAS''
is removed and a definition of the term ``Consolidated Plan'' is added
in its place, to read as follows: [[Page 16379]]
Consolidated plan. The document that is submitted to HUD that
serves as the planning document (comprehensive housing affordability
strategy and community development plan) of the jurisdiction and an
application for funding under Community Planning and Development
formula grant programs, which is prepared in accordance with the
process prescribed in 24 CFR part 91.
b. In Section III, under the heading of Section 310. Applications
for planning grants., in paragraph (b)(4), the term ``CHAS'' is removed
wherever it appears, and the term ``Consolidated Plan'' is added in
each of those places.
c. In Section IV, under the heading of Section 415. Applications
for implementation grants., in paragraph (b)(17), the term ``CHAS'' is
removed wherever it appears, and the term ``Consolidated Plan'' is
added in each of those places.
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
3. The authority citation for part 91 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
Sec. 91.2 [Amended]
4. Section 91.2 is amended by removing from paragraph (b)(10) the
phrase, ``subpart E'', and adding in its place the phrase, ``subpart
F''.
Sec. 91.320 [Amended]
5. Section 91.320 is amended by removing paragraph (g)(1)(i) and by
removing the paragraph designation (g)(1)(ii).
PART 248--PREPAYMENT OF LOW INCOME HOUSING MORTGAGES
6. The authority citation for part 248 continues to read as
follows:
Authority: 12 U.S.C. 1715l note, 4101 note, and 4101-4124; 42
U.S.C. 3535(d).
7. In Sec. 248.177, paragraph (b)(6) is revised to read as follows:
Sec. 248.177 Delegated responsibility to State agencies.
* * * * *
(b) * * *
(6) A certification by the public official responsible for
submitting the consolidated plan under 24 CFR part 91 that the proposed
activities are consistent with the approved consolidated plan of the
State within which the eligible low income housing is located; and
* * * * *
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
8. The authority citation for part 570 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
9. In Sec. 570.304, paragraph (c)(1) is revised to read as follows:
Sec. 570.304 Making of grants.
* * * * *
(c) * * *
(1) Either the consolidated plan is not received by August 16 of
the federal fiscal year for which funds are appropriated or the
consolidated plan is not approved under 24 CFR part 91, subpart F--in
which case, the grantee will forfeit the entire entitlement amount; or
* * * * *
Sec. 570.509 [Amended]
10. Section 570.509 is amended by removing from paragraph (d) the
word ``CHAS'' wherever it appears and adding in its place the words
``consolidated plan''.
PART 572--HOPE FOR HOMEOWNERSHIP OF SINGLE FAMILY HOMES PROGRAM
(HOPE 3)
11. The authority citation for part 572 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12891.
12. Section 572.400 is revised to read as follows:
Sec. 572.400 Consolidated plan.
(a) Applicants that are States or units of general local
government. The applicant must have a HUD-approved complete or
abbreviated consolidated plan, in accordance with 24 CFR part 91, and
must submit a certification that the application for funding is
consistent with the HUD-approved consolidated plan. Funded applicants
must certify in a grant agreement that they are following the HUD-
approved consolidated plan.
(b) Applicants that are not States or units of general local
government. The applicant must submit a certification by the
jurisdiction in which the proposed project will be located that the
applicant's application for funding is consistent with the
jurisdiction's HUD-approved consolidated plan. The certification must
be made by the unit of general local government or the State, in
accordance with the consistency certification provisions of the
consolidated plan regulations, 24 CFR part 91, subpart F.
(c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin
Islands, American Samoa, and the Northern Mariana Islands. These
entities are not required to have a consolidated plan or to make
consolidated plan certifications. An application by an Indian tribe or
other applicant for a project that will be located on a reservation of
an Indian tribe will not require a certification by the tribe or the
State. However, where an Indian tribe is the applicant for a project
that will not be located on a reservation, the requirement for a
certification under paragraph (b) of this section will apply.
(d) Timing of consolidated plan certification submissions. Unless
otherwise set forth in the NOFA, the required certification that the
application for funding is consistent with the HUD-approved
consolidated plan must be submitted by the funding application
submission deadline announced in the NOFA.
PART 582--SHELTER PLUS CARE
13. The authority citation for part 582 is revised to read as
follows:
Authority: 42 U.S.C. 11403 note and 3535(d).
14. Section 582.120 is revised to read as follows:
Sec. 582.120 Consolidated plan.
(a) Applicants that are States or units of general local
government. The applicant must have a HUD-approved complete or
abbreviated consolidated plan, in accordance with 24 CFR part 91, and
must submit a certification that the application for funding is
consistent with the HUD-approved consolidated plan. Funded applicants
must certify in a grant agreement that they are following the HUD-
approved consolidated plan. If the applicant is a State, and the
project will be located in a unit of general local government that is
required to have, or has, a complete consolidated plan, or that is
applying for Shelter Plus Care assistance under the same Notice of Fund
Availability (NOFA) and will have an abbreviated consolidated plan with
respect to that application, the State also must submit a certification
by the unit of general local government that the State's application is
consistent with the unit of general local government's HUD-approved
consolidated plan.
(b) Applicants that are not States or units of general local
government. The applicant must submit a certification by the
jurisdiction in which the proposed project will be located that the
[[Page 16380]] jurisdiction is following its HUD-approved consolidated
plan and the applicant's application for funding is consistent with the
jurisdiction's HUD-approved consolidated plan. The certification must
be made by the unit of general local government or the State, in
accordance with the consistency certification provisions of the
consolidated plan regulations, 24 CFR part 91, subpart F.
(c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin
Islands, American Samoa, and the Northern Mariana Islands. These
entities are not required to have a consolidated plan or to make
consolidated plan certifications. An application by an Indian tribe or
other applicant for a project that will be located on a reservation of
an Indian tribe will not require a certification by the tribe or the
State. However, where an Indian tribe is the applicant for a project
that will not be located on a reservation, the requirement for a
certification under paragraph (b) of this section will apply.
(d) Timing of consolidated plan certification submissions. Unless
otherwise set forth in the NOFA, the required certification that the
application for funding is consistent with the HUD-approved
consolidated plan must be submitted by the funding application
submission deadline announced in the NOFA.
PART 583--SUPPORTIVE HOUSING PROGRAM
15. The authority citation for part 583 is revised to read as
follows:
Authority: 42 U.S.C. 11389 and 3535(d).
16. Section 583.155 is revised to read as follows:
Sec. 583.155 Consolidated plan.
(a) Applicants that are States or units of general local
government. The applicant must have a HUD-approved complete or
abbreviated consolidated plan, in accordance with 24 CFR part 91, and
must submit a certification that the application for funding is
consistent with the HUD-approved consolidated plan. Funded applicants
must certify in a grant agreement that they are following the HUD-
approved consolidated plan.
(b) Applicants that are not States or units of general local
government. The applicant must submit a certification by the
jurisdiction in which the proposed project will be located that the
applicant's application for funding is consistent with the
jurisdiction's HUD-approved consolidated plan. The certification must
be made by the unit of general local government or the State, in
accordance with the consistency certification provisions of the
consolidated plan regulations, 24 CFR part 91, subpart F.
(c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin
Islands, American Samoa, and the Northern Mariana Islands. These
entities are not required to have a consolidated plan or to make
consolidated plan certifications. An application by an Indian tribe or
other applicant for a project that will be located on a reservation of
an Indian tribe will not require a certification by the tribe or the
State. However, where an Indian tribe is the applicant for a project
that will not be located on a reservation, the requirement for a
certification under paragraph (b) of this section will apply.
(d) Timing of consolidated plan certification submissions. Unless
otherwise set forth in the NOFA, the required certification that the
application for funding is consistent with the HUD-approved
consolidated plan must be submitted by the funding application
submission deadline announced in the NOFA.
PART 882--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR
EXISTING HOUSING
17. The authority citation for part 882 continues to read as
follows: AUTHORITY: 12 U.S.C. 1701q, 42 U.S.C. 3535(d).
18. In Sec. 882.805, paragraph (b)(2) is revised to read as
follows:
Sec. 882.805 PHA application process, HUD review and selection, ACC
execution, and pre-rehabilitation activities.
* * * * *
(b) * * *
(2) Consolidated plan. (i) Certification of consistency. Except as
provided in paragraph (b)(2)(ii) of this section, the applicant must
submit a certification by the jurisdiction in which the proposed
project will be located that the jurisdiction is following, and the
applicant's application for funding is consistent with, the
jurisdiction's HUD-approved consolidated plan. The certification must
be made by the unit of general local government or the State, in
accordance with the consolidated regulations at 24 CFR part 91, subpart
F, and as may be further described in the NOFA.
(ii) Exception. The consolidated plan certification is not required
where the proposed project will be located on a reservation of an
Indian tribe or the Insular Area of Guam, the U.S. Virgin Islands,
American Samoa, or the Northern Mariana Islands.
(iii) Timing of consolidated plan certification submission. Unless
otherwise set forth in the NOFA, the required certification must be
submitted by the funding application submission deadline announced in
the NOFA. All certifications must be signed by the public official
responsible for submitting the consolidated plan to HUD, and they must
meet the consistency certification requirements of the consolidated
plan regulations, 24 CFR part 91, subpart F.
* * * * *
PART 889--SUPPORTIVE HOUSING FOR THE ELDERLY
19. The authority citation for part 889 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), 8013.
20. In Sec. 889.270, paragraph (b)(3) is revised to read as
follows:
Sec. 889.270 Application contents.
* * * * *
(b) * * *
(3) The Sponsor must submit a certification by the jurisdiction in
which the proposed project will be located that the Sponsor's
application is consistent with the jurisdiction's HUD-approved
consolidated plan. The certification must be made by the unit of
general local government or the State, in accordance with the
consistency certification requirements of 24 CFR part 91, subpart F,
and as may be further described in the NOFA. This certification is not
required where the proposed project will be located in the Insular Area
of Guam, the U.S. Virgin Islands, American Samoa or the Northern
Mariana Islands. Unless otherwise set forth in the NOFA, the required
certification must be submitted by the application submission deadline
announced in the NOFA. All certifications must be signed by the public
official responsible for submitting the consolidated plan to HUD, and
they must meet the consistency certification requirements of the
consolidated plan regulations, 24 CFR part 91, subpart F.
* * * * *
PART 890--SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES
21. The authority citation for part 890 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 8013.
22. In Sec. 890.265, paragraph (b)(3) is revised to read as
follows:
Sec. 890.265 Application contents.
* * * * *
(b) * * * [[Page 16381]]
(3) The Sponsor must submit a certification by the jurisdiction in
which the proposed project will be located that the Sponsor's
application is consistent with the jurisdiction's HUD-approved
consolidated plan. The certification must be made by the unit of
general local government or the State, in accordance with the
consistency certification requirements of 24 CFR part 91, subpart F,
and as may be further described in the NOFA. This certification is not
required where the proposed project will be located in the Insular Area
of Guam, the U.S. Virgin Islands, American Samoa or the Northern
Mariana Islands. Unless otherwise set forth in the NOFA, the required
certification must be submitted by the application submission deadline
announced in the NOFA. All certifications must be signed by the public
official responsible for submitting the consolidated plan to HUD, and
they must meet the consistency certification requirements of the
consolidated plan regulations, 24 CFR part 91, subpart F.
* * * * *
Dated: March 21, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-7730 Filed 3-29-95; 8:45 am]
BILLING CODE 4210-32-P
