[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18705]
[[Page Unknown]]
[Federal Register: August 5, 1994]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
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24 CFR Parts 91, et al.
Community Planning and Development Programs; Consolidation; Proposed
Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 91, 92, 570, 574, 576, and 968
[Docket No. R-94-1731; FR-3611-P-01]
RIN 2501-AB72
Consolidated Submission for Community Planning and Development
Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Proposed rule.
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SUMMARY: This rule proposes to amend the Department's existing
regulations to completely replace the current regulations for
Comprehensive Housing Affordability Strategies (CHAS) with a rule that
consolidates into a single consolidated submission the planning and
application aspects of the Department's Community Development Block
Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment
Partnerships (HOME), and Housing Opportunities for Persons With AIDS
(HOPWA) formula programs with the requirements for the CHAS. This new
consolidated submission will replace the current CHAS, the HOME program
description, the Community Development plan and the CDBG final
statement, and the ESG and HOPWA applications. The rule also
consolidates the reporting requirements for these programs, replacing
the general performance reports with one performance report.
Although this rule does not incorporate the public housing
Comprehensive Grant (Comp Grant) process into the consolidated planning
and application process, it proposes changes to regulations concerning
Comp Grants to encourage this cooperation in the development of the
Comp Grant plan and the consolidated plan. The changes are intended to
ensure that the needs and resources of public housing authorities are
included in a comprehensive planning effort to revitalize distressed
neighborhoods and help low-income residents locally.
In addition, the rule proposes amendments to the separate
regulations for the CDBG, HOME, ESG, and HOPWA programs to remove some
duplicative provisions, cross-reference the new provisions, and to
conform terminology to that used in the revised part 91.
DATES: Comment due date: October 4, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Office of General Counsel, Rules Docket Clerk, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW., Washington, DC 20410-0500. Communications should refer to the
above docket number and title and to the specific sections in the
notice. A copy of each communication submitted will be available for
public inspection and copying during regular business hours at the
above address. Copies of this proposed 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.
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.)
SUPPLEMENTARY INFORMATION:
I. Information Collections
The information collection requirements for the planning process,
the application process, and the reporting process contained in this
rule have been submitted to the Office of Management and Budget for
review under the Paperwork Reduction Act of 1980 (42 U.S.C. 3501-3520).
The estimated public reporting burden is expected to be significantly
lower than the current combined burden imposed by the CHAS, CDBG, ESG,
HOME, and HOPWA programs.
The estimated public reporting burden of these collections is
stated under the Preamble heading Findings and Certifications. Send
comments regarding this burden estimate or any other aspect of these
collections of information, including suggestions for reducing the
burden, to the Department of Housing and Urban Development, Rules
Docket Clerk at the above address; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention: Desk
Officer for HUD, Washington, DC 20503.
II. Background
A. Impetus for Change
To build and strengthen new partnerships with State and local
governments and the private sector to make HUD's programs work to help
them build strong communities, the Department has consulted with them
on how to make the operation of Community Planning and Development
programs more effective. In recognition of the fact that problems do
not stop at jurisdictional boundaries, this rule encourages
consultation with public and private agencies, including those outside
a single jurisdiction, to identify shared needs and solutions to intra-
jurisdictional problems. As a result of the Department's consultations,
it has decided that the multitude of applications to obtain funding and
the different funding cycles for various formula entitlement programs
were symptomatic of a general problem. The general problem was that the
easiest means for State and local governments to express their needs
for federal funding (the CHAS) was hindered by HUD's procedures.
Therefore, to eliminate duplication of effort and reduce the paperwork
burden on these jurisdictions, the Department has decided to
consolidate the program submission requirements to the greatest degree
possible. This proposal will require all of the Community Planning and
Development formula grant programs to use the same program year and
will reduce the regulations concerning submission of planning/
application/reporting documents virtually to the statutory minimum.
This framework will give the States and local governments the
flexibility to use existing plans and strategies to help citizens
understand the jurisdiction's priority needs, and assess progress of
those jurisdictions towards meeting identified goals and objectives
through measurable indicators. The Department's goal is to encourage
the development of comprehensive, easy to understand information on the
jurisdiction's housing and community development needs that would
promote meaningful citizen participation.
B. Statutory Framework
The various statutes that authorize the programs being consolidated
are as follows:
--Comprehensive Housing Affordability Strategy (CHAS): title I of the
Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. 12702-
12711.
--Community Development Block Grants (CDBG): title I of the Housing and
Community Development Act of 1974, 42 U.S.C. 5304-5320.
--Emergency Shelter Grants (ESG): title VI, subtitle B, of the Stewart
B. McKinney Homeless Assistance Act, 42 U.S.C. 11371-11378.
--HOME Investment Partnerships (HOME): title II of the Cranston-
Gonzalez National Affordable Housing Act, 42 U.S.C. 12741-12839.
--Housing Opportunities for Persons With AIDS (HOPWA): the AIDS Housing
Opportunity Act, 42 U.S.C. 12901-12912.
Also serving as a basis for determining requirements in this rule
are the Fair Housing Act (42 U.S.C. 3601-3619), title VI of the Civil
Rights Act of 1964, section 504 of the Rehabilitation Act of 1973,
title II of the Americans With Disabilities Act, and Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u).
The intent of this rule is to: (1) Promote citizen participation
and the development of local priority needs and objectives by providing
comprehensive information on the jurisdiction that is easy to
understand; (2) coordinate these statutory requirements in such a
manner as to minimize the federal intrusion into State and local
planning activities and to simplify the process of requesting and
obtaining federal funds available to the jurisdictions on a formula
basis; (3) promote the development of an action plan that provides a
basis for assessing performance; and (4) encourage consultation with
public and private agencies, including those outside a single
jurisdiction, to identify shared needs and solutions to intra-
jurisdictional problems.
When a jurisdiction qualifies for one formula program but not
another, its submission need only satisfy the requirements for the
formula program for which it qualifies, as well as the planning
requirements based on the Comprehensive Housing Affordability Strategy
statute (Cranston-Gonzalez National Housing Affordability Act, or
``NAHA'') to cover other competitively funded programs. If a
jurisdiction does not qualify for any of the formula programs but
competes for funding under a program that is subject to the CHAS
planning requirements of NAHA, it must follow the general provisions of
this part, but not those that apply only to other programs. If a
jurisdiction does not qualify for the HOPWA formula program but intends
to apply for a competitively awarded HOPWA grant, it should satisfy the
HOPWA planning requirements.
This rule is organized into several parts. First, there are the
proposed revisions to part 91, which encompasses the new planning/
application and reporting submissions. Second, since many of the
requirements that are common to the formula programs are combined into
part 91, there are proposed revisions to remove those requirements from
the individual program regulations. In addition, since this new
document is different from the Comprehensive Housing Affordability
Strategy, the references to the CHAS found in the program regulations
are proposed to be removed.
Part 91 is organized into seven subparts. With the exception of
jurisdictions that submit an abbreviated consolidated plan, the first
two subparts (General, and Citizen Participation and Consultation) and
the last subpart (Other General Requirements) apply to all
jurisdictions. Local governments that are not part of a HOME consortium
are covered by their own subpart (subpart C). States also are covered
by their own subpart (D). Local governments that are part of a
consortium are covered by both the local government subpart and the
consortium subpart (E). The subpart for insular areas has been
reserved. Guam, the Northern Mariana Islands, American Samoa, the
Virgin Islands, and Palau are eligible to receive program funds.
However, only Palau is required by NAHA to submit a CHAS because it is
included in the definition of ``jurisdiction.'' The other entities are
defined by NAHA as ``insular areas'' and are not required to prepare or
submit a CHAS. The Department specifically invites comments on whether
to consolidate the program submission requirements (and in the case of
Palau, abbreviated CHAS requirements) for Guam, the Northern Mariana
Islands, American Samoa, the Virgin Islands, and Palau.
Finally, the Department recognizes that there is a need for
regulatory provisions dealing with the transition from the current
application system to the new consolidated rule. The Department intends
to grant an extension of the current CHAS to cover the time period
between the end of fiscal year 1994 and the beginning of the
jurisdiction's consolidated program year.
Findings and Certifications
Regulatory Review
This rule was reviewed by the Office of Management and Budget under
Executive Order 12866, Regulatory Planning and Review. Any changes made
to the rule as a result of that review are clearly identified in the
docket file, which is available for public inspection in the office of
the Department's Rules Docket Clerk, room 10276, 451 Seventh St., SW,
Washington, DC.
Impact on the Environment
A Finding of No Significant Impact with respect to the environment
has been 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. The Finding of No Significant Impact 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 requirements imposed by the statutes being implemented. To
the extent the rule has any significant impact, it is positive, in that
duplication of effort by State and local governments is being
eliminated and the burdens on them are reduced.
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.
The rule merely carries out the mandate of federal statutes with
respect to planning documents for housing and community development
programs.
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 does not
place major burdens on jurisdictions.
Regulatory Agenda
This rule was listed as sequence number 1523 in the Department's
Semiannual Regulatory Agenda published on April 25, 1994 (59 FR 20424,
20433), under Executive Order 12286 and the Regulatory Flexibility Act.
Public Reporting Burden
The Department has estimated the public reporting burden involved
in the information collections contained in the rule as shown below.
The public reporting burden for each of these collections of
information is estimated to include the time for reviewing the
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Annual Reporting Burden--Consolidated Plan
----------------------------------------------------------------------------------------------------------------
Number of Response per
5 Year submission respondents respondent Burden hours Total hours
----------------------------------------------------------------------------------------------------------------
Localities.................................. 800 1 481 384,800
States...................................... 50 1 839 41,950
.............. .............. .............. 426,750
Annual Submission:
Localities.................................. 800 1 318 262,400
States...................................... 50 1 434 21,700
.............. .............. .............. 284,100
Abbreviated Plan:
Localities.................................. 100 1 100 10,000
.............. .............. .............. 720,850
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Catalog
The Catalog of Federal Domestic Assistance numbers for the programs
affected by this rule are 14.218, 14.231. 14.239, and 14.241.
List of Subjects
24 CFR Part 91
Grant programs--Indians, Homeownership, Low and moderate income
housing, Public housing.
24 CFR Part 92
Grant programs--housing and community development, Manufactured
homes, Rent subsidies, Reporting and record keeping 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 574
Community facilities, Disabled, Emergency shelter, Grant programs--
health programs, Grant programs--housing and community development,
Grant programs--social programs, HIV/AIDS, Homeless, Housing , Low and
moderate income housing, Nonprofit organizations, Rent subsidies,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 576
Community facilities, Emergency shelter grants, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Reporting and recordkeeping requirements.
24 CFR Part 968
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing, Reporting and
recordkeeping requirements.
Accordingly, parts 91, 92, 570, 574, 576, and 968 of title 24 of
the Code of Federal Regulations are proposed to be amended as follows:
1. Part 91 would be revised in its entirety to read as follows:
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
Subpart A--General
Sec.
91.1 Purpose.
91.2 Applicability.
91.5 Definitions.
91.10 Consolidated program year.
91.15 Submission date.
Subpart B--Citizen Participation and Consultation
91.100 Consultation.
91.105 Citizen participation plan.
Subpart C--Local Governments: Contents of Consolidated Plan
91.200 Contents and format.
91.205 Housing and homeless needs assessment.
91.210 Housing market analysis.
91.215 Strategies, priority needs, and objectives.
91.220 Action plan.
91.225 Certifications.
91.230 Monitoring.
91.235 Special case--abbreviated consolidated plan.
Subpart D--State Governments: Contents of Consolidated Plan
91.300 Contents and format.
91.305 Housing and homeless needs assessment.
91.310 Housing market analysis.
91.315 Strategies, priority needs, and objectives.
91.320 Action plan.
91.325 Certifications.
91.330 Monitoring.
Subpart E--Consortia: Contents of Consolidated Plan
91.400 Applicability.
91.405 Consolidated program year.
91.410 Housing market analysis.
91.415 Housing and homeless needs assessment.
91.420 Strategies and priority needs.
91.425 Action plan.
91.430 Certifications.
91.435 Monitoring.
Subpart F--Other General Requirements
91.500 HUD approval action.
91.505 Amendments to the consolidated plan.
91.510 Consistency determinations.
91.515 Funding determinations by HUD.
91.520 Performance reports.
91.525 Performance review by HUD.
Subpart G--Insular Areas [Reserved]
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
Subpart A--General
Sec. 91.1 Purpose.
(a) Overall goals. (1) The overall goals of the community
development and planning programs covered by this part are to
strengthen partnerships with jurisdictions to extend and strengthen
partnerships among all levels of government and the private sector,
including for-profit and nonprofit organizations, to enable them to
provide decent housing, establish and maintain a suitable living
environment, and expand economic opportunities for every American,
particularly for very low-income and low-income persons.
(i) Decent housing includes assisting homeless persons to obtain
appropriate housing and assisting persons at risk of becoming homeless;
retention of the affordable housing stock; and increasing the
availability of permanent housing in standard condition and affordable
cost to low-income and very low-income families, particularly to
members of disadvantaged minorities, without discrimination on the
basis of race, color, religion, sex, national origin, familial status,
or disability. Decent housing also includes increasing the supply of
supportive housing, which combines structural features and services
needed to enable persons with special needs to live with dignity and
independence.
(ii) A suitable living environment includes improving the safety
and livability of neighborhoods; increasing access to quality public
and private facilities and services; reducing the isolation of income
groups within a community or geographical area through the spatial
deconcentration of housing opportunities for persons of lower income
and the revitalization of deteriorating or deteriorated neighborhoods;
restoring and preserving properties of special historic, architectural,
or aesthetic value; and conservation of energy resources.
(iii) Expanded economic opportunities includes the provision of
jobs accessible to housing affordable to low income persons, including
provision of jobs involved in carrying out activities under programs
covered by this plan to low-income persons living in areas affected by
those programs and activities; availability of mortgage financing for
low income persons at reasonable rates using nondiscriminatory lending
practices; access to capital and credit for development activities that
promote the long-term economic and social viability of the community;
and empowerment and self-sufficiency opportunities for low income
persons to reduce generational poverty in federally assisted and public
housing.
(2) The consolidated submission described in this part 91 requires
the jurisdiction to state in one document its plan to pursue these
goals for all the community planning and development programs, as well
as for housing programs. It is these goals against which the plan and
the jurisdiction's performance under the plan will be evaluated by HUD.
(b) Functions of plan. The consolidated plan serves the following
functions:
(1) A planning document for the jurisdiction, which builds on a
participatory process at the lowest levels;
(2) An application for federal funds under HUD's formula grant
programs;
(3) A strategy to be followed in carrying out HUD programs; and
(4) An action plan that provides a basis for assessing performance.
Sec. 91.2 Applicability.
(a) The following formula grant programs are covered by the
consolidated plan:
(1) The Community Development Block Grant (CDBG) programs (see part
570, Subparts D and I);
(2) The Emergency Shelter Grants (ESG) program (see part 576);
(3) The HOME Investment Partnerships (HOME) program (see part 92);
and
(4) The Housing Opportunities for Persons With AIDS (HOPWA) program
(see part 574).
(b) A jurisdiction must have a consolidated plan that is approved
by HUD as a prerequisite to receiving funds from HUD under the
following programs:
(1) The HOPE I Public Housing Homeownership (HOPE I) program (see
24 CFR subtitle A, appendix A);
(2) The HOPE II Homeownership of Multifamily Units (HOPE II)
program (see 24 CFR subtitle A, appendix B);
(3) The HOPE III Homeownership of Single Family Homes (HOPE III)
program (see 24 CFR part 572);
(4) The Low-Income Housing Preservation (prepayment avoidance
incentives) program, when administered by a State agency (see 24 CFR
248.177);
(5) The Supportive Housing for the Elderly (Section 202) program
(see part 889);
(6) The Supportive Housing for Persons with Disabilities program
(see part 890);
(7) The Supportive Housing program (see part 583);
(8) The Single Room Occupancy Housing (SRO) program (see part 882,
subpart H);
(9) The Shelter Plus Care program (see 24 CFR part 582);
(10) The Community Development Block Grant program--Small Cities
and Insular Areas (see 24 CFR part 570, subparts E and F);
(11) HOME program reallocations;
(12) Revitalization of Severely Distressed Public Housing (section
24 of the United States Housing Act of 1937);
(13) Hope for Youth: Youthbuild (see part 585);
(14) The John Heinz Neighborhood Development program (see 24 CFR
part 594);
(15) The Lead-Based Paint Hazard Reduction program (see 24 CFR part
35);
(16) Grants for Regulatory Barrier Removal Strategies and
Implementation (section 1204, Housing and Community Development Act of
1992); and
(17) Competitive grants under the Housing Opportunities for Persons
With AIDS (HOPWA) program (see part 574).
(c) Other programs do not require consistency with an approved
consolidated plan. However, HUD funding allocations for the Section 8
Certificate and Voucher Programs are to be made in a way that enables
participating jurisdictions to carry out their consolidated plans.
Sec. 91.5 Definitions.
Certification. A written assertion, based on supporting evidence,
that must be kept available for inspection by HUD, by the Inspector
General of HUD, and by the public. The assertion shall be deemed to be
accurate unless HUD determines otherwise, after inspecting the evidence
and providing due notice and opportunity for comment.
Consolidated plan (or ``the plan''). The document that is submitted
annually to HUD that serves as the planning documents (comprehensive
housing affordability strategy and community development plan) of the
jurisdiction and an application for funding under any of the Community
Planning and Development formula grant programs (CDBG, ESG, HOME, or
HOPWA), which is prepared in accordance with the process prescribed in
this part.
Consortium. Geographically contiguous units of general local
government that are acting as a single unit of general local government
for purposes of the HOME program (see 24 CFR part 92). (A unit of
general local government that is also part of a consortium for HOME
program purposes must submit a plan that complies with subpart C of
this part, as well as contributing to the consortium's plan that
complies with subpart E of this part.)
Emergency shelter. Any facility with overnight sleeping
accommodations, the primary purpose of which is to provide temporary
shelter for the homeless in general or for specific populations of the
homeless.
Extremely low-income households (or families). Households whose
income is between 0 and 30 percent of the median income for the area,
as determined by HUD with adjustments for smaller and larger families,
except that HUD may establish income ceilings higher or lower than 30
percent of the median for the area on the basis of HUD's findings that
such variations are necessary because of prevailing levels of
construction costs or fair market rents, or unusually high or low
family incomes.
Homeless. An individual (not imprisoned or otherwise detained
pursuant to an Act of Congress or a State law) or family who:
(1) Lacks a fixed, regular, and adequate nighttime residence; and
(2) Has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for
individuals intended to be institutionalized: or
(iii) A public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings.
Homeless family. A family that includes at least one parent or
guardian and one child under the age of 18; a pregnant woman; or a
person in the process of securing legal custody of a person under the
age of 18; who is homeless, as defined in this section.
Homeless individual. A youth (17 years or younger) not accompanied
by an adult (18 years or older) or an adult without children, who is
homeless, as defined in this section.
HUD. The United States Department of Housing and Urban Development.
Jurisdiction. A State, unit of general local government, or a
consortium.
Lead-based paint hazards. Any condition that causes exposure to
lead from lead-contaminated dust, lead-contaminated soil, lead-
contaminated paint that is deteriorated or present in accessible
surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal
agency.
Low-income families. Families whose incomes do not exceed 80
percent of the median income for the area, as determined by HUD with
adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 80 percent of the median
for the area on the basis of HUD's findings that such variations are
necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes. (The CDBG
program has used the terms ``low-income'' and ``moderate-income''
persons, which terms are derived from its statute. Those terms have the
same meaning as the terms ``very low-income'' and ``low-income'' as
used in NAHA and in the United States Housing Act of 1937 for the
assisted housing programs administered under it. To make the usage
uniform under this part, the terms ``very low-income'' and ``low-
income'' are used here.)
Poverty level households (or families). Households with incomes
below the poverty line, as defined by the Office of Management and
Budget and revised annually.
State. Any State of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico.
Transitional housing. A project that is designed to provide housing
and appropriate supportive services to homeless persons to facilitate
movement to independent living within 24 months, or a longer period
approved by HUD. For purposes of the HOME program, there is no HUD-
approved time period for moving to independent living.
Unit of general local government. A city, town, township, county,
parish, village, or other general purpose political subdivision of a
State; an urban county; the Federated States of Micronesia and Palau,
the Marshall Islands, or a general purpose political subdivision
thereof; and a consortium of such political subdivisions recognized by
HUD in accordance with the HOME program (part 92) or the CDBG program
(part 570).
Urban county. See definition in Sec. 570.3.
Very low-income families. Low-income families whose incomes do not
exceed 50 percent of the median family income for the area, as
determined by HUD with adjustments for smaller and larger families,
except that HUD may establish income ceilings higher or lower than 50
percent of the median for the area on the basis of HUD's findings that
such variations are necessary because of prevailing levels of
construction costs or fair market rents, or unusually high or low
family incomes.
Sec. 91.10 Consolidated program year.
(a) Each of the following programs shall be administered by a
jurisdiction on a single consolidated program year, established by the
jurisdiction: CDBG, ESG, HOME, and HOPWA. Except as provided in
paragraph (b) of this section, the program year shall run for a twelve
month period and begin on the first calendar day of a month.
(b) Once a program year is established, the jurisdiction may either
shorten or lengthen its program year to change the beginning date of
the following program year, provided that it notifies HUD in writing at
least two months before the date the program year would have ended if
it had not been lengthened or at least two months before the end of a
proposed shortened program year.
(c) See subpart E of this part for requirements concerning program
year for units of general local government that are part of a
consortium.
Sec. 91.15 Submission date.
(a) General. (1) In order to facilitate continuity in its program
and to provide accountability to citizens, each jurisdiction should
submit its consolidated plan to HUD at least 45 days before the start
of its program year. (But see Sec. 92.52(b) with respect to newly
eligible jurisdictions under the HOME program.) With the exception of
the August 16 date noted in paragraph (a)(2) of this section, HUD may
grant a jurisdiction an extension of the submission deadline for good
cause.
(2) In no event will HUD accept a submission earlier than November
15 or later than August 16 of the Federal fiscal year for which the
grant funds are appropriated. (Failure to submit the plan by August 16
will automatically result in a loss of the CDBG funds to which the
jurisdiction would otherwise be entitled.)
(b) Annual submission. The portions of the document that must be
submitted on an annual basis are the action plan and the
certifications.
Subpart B--Citizen Participation and Consultation
Sec. 91.100 Consultation.
(a) General. When preparing the plan, the jurisdiction shall
consult with other public and private agencies that provide assisted
housing, health services, and social services (including those focusing
on services to children, elderly persons, persons with disabilities--
including HIV/AIDS, homeless persons) during preparation of the plan.
When preparing the portion of its plan concerning lead-based paint
hazards, the jurisdiction shall consult with State or local health and
child welfare agencies and examine health department data on the
addresses of housing units in which children have been identified as
lead poisoned. When preparing the description of priority nonhousing
community development needs, a unit of general local government must
notify adjacent units of general local government. The jurisdiction
should also consult with adjacent units of general local government,
particularly for problems and solutions that go beyond a single
jurisdiction. When preparing its method of distribution of assistance
under the CDBG program, a State must consult with local governments in
nonentitlement areas of the State.
(b) HOPWA. The largest city in each metropolitan area that is
eligible to receive a HOPWA formula allocation must consult broadly to
develop a metropolitan-wide strategy for addressing the needs of
persons with HIV/AIDS and their families living throughout the
metropolitan area.
(c) Public housing. The jurisdiction shall consult with the local
public housing agency participating in an approved Comprehensive Grant
program concerning consideration of public housing needs and planned
Comprehensive Grant program activities. This consultation will help
provide a better basis for the certification by the local Chief
Executive Officer that the Comprehensive Grant Plan/annual statement is
consistent with the local government's assessment of low-income housing
needs (as evidenced in the housing and community development plan) and
that the local government will cooperate in providing resident programs
and services (as required by Sec. 968.320(d) of the regulations for the
Comprehensive Grant program). It will also help ensure that activities
with regard to local drug elimination, neighborhood improvement
programs, and resident programs and services, funded under the public
housing program and those funded under a program covered by the
consolidated plan are fully coordinated to achieve comprehensive
community development goals.
Sec. 91.105 Citizen participation plan.
(a) Applicability. (1) The jurisdiction is required to adopt a
citizen participation plan. (Where a jurisdiction, before the
effectiveness of this rule, adopted a plan that complies with section
104(a)(3) of the Housing and Community Development Act of 1974 but will
need to amend the plan to comply with provisions of this section, the
plan shall be amended by the first day of the jurisdiction's program
year that begins on or after 180 days following the effective date of
this rule.)
(2) Although these requirements are designed especially to
encourage participation by very low- and low-income persons,
particularly those living in slum and blighted areas and in areas where
CDBG funds are proposed to be used, jurisdictions are expected to take
whatever actions are appropriate to encourage the participation of all
its citizens, including minorities and non-English speaking persons, as
well as persons with mobility, visual or hearing impairments.
(3) The jurisdiction shall encourage, in conjunction with
consultation with public housing authorities, the participation of
residents of public and assisted housing developments, in the process
of developing and implementing the consolidated plan, along with other
low-income residents of targeted revitalization areas in which the
developments are located. The jurisdiction shall make an effort to
provide information to the housing agency about housing and community
development plan activities related to its developments and surrounding
communities so that the housing agency can make this information
available at the annual public hearing required under the Comprehensive
Grant program.
(b) Required elements of citizen participation (CP) plan.--(1)
Encouragement of citizen participation. The CP plan must encourage
citizens to participate in the development of the consolidated plan,
any amendments to the plan, and the performance report.
(2) Information to be provided. The CP plan must assure that
citizens or, as appropriate, units of general local government, be
furnished appropriate information.
(i) The CP plan must require that, before the jurisdiction adopts a
consolidated plan, the jurisdiction will make available to citizens,
public agencies, and other interested parties information that includes
the amount of assistance the jurisdiction expects to receive and the
range of activities that may be undertaken, including the amount that
will benefit persons of very low- and low-income and the plans to
minimize displacement of persons and to assist any persons displaced.
(ii) The CP plan must require the jurisdiction to publish the
proposed consolidated plan for comment. The requirement for publishing
may be met by publishing a summary of the proposed consolidated plan in
one or more newspapers of general circulation, and by making copies of
the proposed plan available at libraries, government offices, and
public places. The summary must describe the contents and purpose of
the consolidated plan, and must include a list of the locations where
copies of the entire plan may be examined.
(iii) The CP plan must require the jurisdiction to notify citizens,
or units of general local government, as appropriate, of the
availability of the consolidated plan as adopted, any amendments, and
its performance report, as these documents are developed, to afford
citizens a reasonable opportunity to examine their contents.
(iv) The CP plan also must provide a period, not less than 30 days,
to receive comments from citizens, or units of general local
government, on the plan, amendments, or report that is to be submitted
to HUD before its submission.
(3) Access to records. The CP plan must require the jurisdiction to
provide citizens, public agencies, and other interested parties with
reasonable and timely access to information and records relating to the
jurisdiction's consolidated plan and the jurisdiction's use of
assistance under the programs covered by this part during the preceding
five years.
(4) Technical assistance. The CP plan also must provide for
technical assistance to groups representative of persons of very low-
and low-income that request such assistance in developing proposals for
funding assistance under any of the programs covered by the
consolidated plan, with the level and type of assistance determined by
the jurisdiction.
(5) Public hearings. (i) The CP plan must provide for at least two
public hearings per year to obtain citizens' views, to be conducted at
a minimum of two different stages of the program year. Together, the
hearings must address housing and community development needs,
development of proposed activities, and review of program performance.
To obtain the views of citizens on housing and community development
needs, including priority nonhousing community development needs, the
CP plan must provide that at least one of these hearings are held
before the proposed consolidated plan is published for comment.
(ii) The CP plan must provide that adequate advance notice be given
to citizens or, as appropriate, units of general local government of
each hearing, with sufficient information published about the subject
of the hearing to permit informed comment.
(iii) The CP plan must provide that hearings be held at times and
locations convenient to potential and actual beneficiaries, and with
accommodation for persons with disabilities.
(iv) The CP plan must identify how the needs of non-English
speaking residents will be met in the case of public hearings where a
significant number of non-English speaking residents can be reasonably
expected to participate.
(6) Comments and complaints. (i) The CP plan shall require the
jurisdiction to consider any comments or views of citizens (or units of
general local government) received in writing, or orally at the public
hearings, in preparing the final consolidated plan, amendment of the
plan, or performance report. A summary of these comments or views, and
a summary of any comments or views not accepted and the reasons
therefor, shall be attached to the final consolidated plan, amendment
of the plan, or performance report.
(ii) The CP plan shall describe the jurisdiction's appropriate and
practicable procedures to handle complaints from citizens related to
the consolidated plan, amendments, and performance report. At a
minimum, the CP plan shall require that the jurisdiction must provide a
timely, substantive written response to every written citizen
complaint, within an established period of time (within 15 working
days, where practicable, if the jurisdiction is a CDBG grant
recipient).
(7) Criteria for amendment to plan. The CP plan must specify the
criteria the jurisdiction will use for determining what constitutes a
substantial change in the jurisdiction's planned or actual activities
that requires an amendment to the consolidated plan. (See Sec. 91.505.)
It must address such changes as changes in the use of CDBG funds from
one eligible activity to another or changes in the method of
distribution of such funds.
(c) Adoption of CP plan. The jurisdiction must provide citizens
with a reasonable opportunity to comment on the original citizen
participation (CP) plan and on any amendments to the CP plan, and must
make the CP plan public. The CP plan must be in a format accessible to
persons with disabilities.
(d) Use of CP plan. The jurisdiction must follow its citizen
participation plan.
Subpart C--Local Governments: Contents of Consolidated Plan
Sec. 91.200 Contents and format.
The consolidated plan shall be submitted in such format as may be
prescribed by HUD, including forms and narratives, or in such other
format as jointly agreed upon by HUD and the jurisdiction. The content
shall comply with the requirements of this part, including the
requirement of Sec. 91.105 to include a summary of public comments.
Sec. 91.205 Housing and homeless needs assessment.
(a) General. The plan must describe the jurisdiction's estimated
housing needs and needs for supportive services projected for the
ensuing five-year period. Housing data included in this portion of the
plan shall be based on data available from the U.S. Census, as updated
by any properly conducted local study, or any other reliable source
that the jurisdiction clearly identifies and should reflect the
consultation with social service agencies conducted in accordance with
Sec. 91.100 and the citizen participation process. For a jurisdiction
seeking funding under the HOPWA program, the needs described for
housing and supportive services must address the needs of persons with
HIV/AIDS and their families throughout the metropolitan area.
(b) Categories of persons affected. (1) The plan must describe the
jurisdiction's need for assistance for extremely low-income, very low-
income, low-income, and moderate-income families, for renters and
owners, for elderly persons, for large families, and for persons with
disabilities. The description of housing needs shall include a
discussion of the cost burden and severe cost burden, overcrowding
(especially for large families), and substandard housing conditions
being experienced by extremely low-income, very low-income, other low-
income, and moderate-income renters and owners compared to the
jurisdiction as a whole.
(2) For any of the categories enumerated in paragraph (b)(1) of
this section, to the extent that any racial or ethnic group has
disproportionately greater need in comparison to the needs of that
category as a whole, assessment of that specific need shall be
included. For this purpose, disproportionately greater need exists when
the percentage of persons in a category of need who are members of a
particular racial or ethnic group is at least 10 percentage points
higher than the percentage of persons in the category as a whole.
(3) With respect to a jurisdiction seeking assistance under the
HOPWA program, the plan must identify the size and characteristics of
the population with HIV/AIDS and their families within the eligible
metropolitan statistical area it will serve.
(c) Homeless needs. The plan must describe the nature and extent of
homelessness, including rural homelessness, within the jurisdiction.
The plan must include an estimate of the special needs of various
categories of families and individuals who are homeless or threatened
with homelessness (such as persons with mental illness or with
substance abuse problems), in accordance with a table prescribed by
HUD. The plan also should contain a narrative description of the nature
and extent of homelessness by racial and ethnic group, to the extent
information is available.
(d) Lead-based paint hazards. The plan must estimate the number of
housing units within the jurisdiction that are occupied by low-income
families or very low-income families that contain lead-based paint
hazards, as defined in this part.
Sec. 91.210 Housing market analysis.
(a) General characteristics. Based on information available to the
jurisdiction, the plan must describe the significant characteristics of
the jurisdiction's housing market, including such aspects as the
supply, demand, and condition and cost of housing and the housing stock
available to serve persons with disabilities and to serve persons with
HIV/AIDS and their families. The jurisdiction must identify and
describe any areas within the jurisdiction with concentrations of
racial/ethnic minorities and/or low-income families, stating how it
defines the terms ``area of low-income concentration'' and ``area of
minority concentration'' for this purpose. The locations and degree of
these concentrations must be identified, either in a narrative or on
one or more maps.
(b) Public and assisted housing. (1) The plan must describe the
number of public housing units in the jurisdiction, the physical
condition of such units, the restoration and revitalization needs,
results from the Section 504 needs assessment (i.e., assessment of
needs of tenants and applicants on waiting list for accessible units,
as required by 24 CFR 8.25), and the public housing agency's strategy
for improving the management and operation of such public housing and
for improving the living environment of low- and very low-income
families residing in public housing. The consolidated plan must
identify the developments in the jurisdictions that are participating
in an approved HUD Comprehensive Grant program. Activities covered by
the consolidated plan that are being coordinated or jointly funded with
the public housing Comprehensive Grant program must be identified by
project and referenced to the approved Comprehensive Grant program.
Examples of joint projects are efforts to revitalize neighborhoods
surrounding public housing projects (either current or proposed);
cooperation in provision of resident programs and services;
coordination of local drug elimination or anti-crime strategies;
upgrading of police, fire, schools, and other services; and economic
development projects in or near public housing projects to tie in with
self-sufficiency efforts for residents. The annual action plan of the
consolidated plan shall make appropriate reference to the annual
revisions of the action plan prepared for the Comprehensive Grant
program.
(2) The jurisdiction shall include a description of the number and
targeting (income level and type of household served) of units
currently assisted by local, state, or federally funded programs, and
an assessment of whether any such units are expected to be lost from
the assisted housing inventory for any reason.
(c) Homeless facilities. The plan must include a brief inventory of
facilities and services that meet the emergency shelter, transitional
housing, permanent supportive housing, and permanent housing needs of
homeless persons within the jurisdiction.
(d) Barriers to affordable housing. The plan must explain whether
the cost of housing or the incentives to develop, maintain, or improve
affordable housing in the jurisdiction are affected by public policies,
particularly by policies of the jurisdiction, including tax policies
affecting land and other property, land use controls, zoning
ordinances, building codes, fees and charges, growth limits, and
policies that affect the return on residential investment.
(e) Institutional structure. The plan must explain the
institutional structure, including private industry, nonprofit
organizations, and public institutions, through which the jurisdiction
will carry out its housing and community development plan, assessing
the strengths and gaps in that delivery system.
(f) Governmental coordination. With respect to the public entities
involved, the plan must describe the means of cooperation and
coordination among the State and any units of general local government
in the metropolitan area in the development and submission of its plan.
Sec. 91.215 Strategies, priority needs, and objectives.
(a) General. The Consolidated Plan must state for each of the
jurisdiction's priority needs identified in the priority needs table
prescribed by HUD and in local consultation:
(1) The reasons for the jurisdiction's choice of priority need,
describing its choice in terms of housing need (e.g., income, tenure,
and housing problems), and identifying obstacles to addressing
underserved needs;
(2) The specific objectives. Each objective shall identify the key
goals in quantitative terms along with numeric or other measurable
indicators of progress and a target date for completion (in subsequent
years, the plan may incorporate the objectives from a prior year's plan
if they have not changed); and
(3) A description of the jurisdiction's resource allocation
geographically within the jurisdiction (or within the metropolitan area
for the HOPWA program) and among different activities.
(b) Resources. (1) Federal resources. The plan must describe the
expected Federal resources to be available to address the needs
identified in accordance with Sec. 91.205.
(2) Other resources. The plan must indicate resources from private
and non-Federal public sources that are reasonably expected to be made
available to address the needs identified in the plan. The plan must
explain how Federal funds will leverage those additional resources,
including a description of how matching requirements of the HUD
programs will be satisfied. Where the jurisdiction deems it
appropriate, it may indicate publicly owned land or property located
within the jurisdiction that may be used to carry out the purposes
stated in Sec. 91.1.
(c) Affordable housing. The plan must include the number of
families to whom the jurisdiction will provide affordable housing, as
defined in Sec. 92.252 of this chapter for rental housing and
Sec. 92.254 of this chapter for homeownership, and must include the
priority housing needs table prescribed by HUD. In addition, the
strategy should cover any other types of affordable housing that would
meet needs in the priority needs table. The plan shall describe the
basis for assigning the relative priority given to a particular group's
needs and indicate how the characteristics of the housing market will
influence the use of funds made available for rental assistance,
production of new units, rehabilitation of old units, or acquisition of
existing units.
(d) Homelessness. The plan must include the priority homeless needs
table prescribed by HUD and must describe the jurisdiction's strategy
identifying resources used for the following:
(1) Helping low-income families avoid becoming homeless;
(2) Reaching out to homeless persons and assessing their individual
needs;
(3) Addressing the emergency shelter and transitional housing needs
of homeless persons; and
(4) Helping homeless persons make the transition to permanent
housing and independent living.
(e) Community development. If the jurisdiction seeks assistance
under the Community Development Block Grant program, the plan must
describe the jurisdiction's priority non-housing community development
needs eligible for assistance under HUD's community development
programs by CDBG eligibility category, reflecting needs of persons or
households, as appropriate, in terms of dollar amounts estimated to
meet the priority need for the type of activity, in accordance with a
table prescribed by HUD. This community development component of the
plan must state the jurisdiction's long-term and short-term community
development objectives, which must be developed in accordance with the
statutory goals described in Sec. 91.1. The jurisdiction shall describe
the public housing Comprehensive Grant program strategies undertaken
jointly with consolidated plan activities described in Sec. 91.210(b),
such as joint or coordinated neighborhood revitalization, improved
public service, anti-drug or crime activities, related to the public
housing developments concerned.
(f) Barriers to affordable housing. The plan must describe the
jurisdiction's strategy to remove or ameliorate negative effects of
public policies that serve as barriers to affordable housing, as
identified in accordance with Sec. 91.210(d), except that, if a State
requires a unit of general local government to submit a regulatory
barrier assessment that is substantially equivalent to the information
required under this paragraph, as determined by the Secretary, the unit
of general local government may submit its assessment submitted to the
State to the Secretary and shall be considered to have complied with
this requirement.
(g) Public housing resident initiatives. The plan must describe the
jurisdiction's activities to encourage public housing residents to
become more involved in management and participate in homeownership.
(h) Lead-based paint hazards. The plan must outline the actions
proposed or being taken to evaluate and reduce lead-based paint
hazards, and describe how the lead-based paint hazard reduction will be
integrated into housing policies and programs.
(i) Anti-poverty strategy. The plan must describe the
jurisdiction's goals, programs, and policies for reducing the number of
poverty level households and how the jurisdiction's goals, programs,
and policies for producing and preserving affordable housing will be
coordinated with other programs and services for which the jurisdiction
is responsible and the extent to which they will reduce (or assist in
reducing) the number of households with incomes below the poverty line.
(j) Institutional structure. The plan must describe what the
jurisdiction will do to overcome gaps in the institutional structure
for carrying out its strategy for addressing its priority needs.
(k) Coordination. The plan must describe the jurisdiction's
activities to enhance coordination between public and assisted housing
providers and private and governmental health, mental health, and
service agencies. With respect to the public entities involved, the
plan must describe the means of cooperation and coordination among the
State and any units of general local government in the implementation
of its strategy, including activities to encourage public housing
residents to become more involved in management and participate in
homeownership.
Sec. 91.220 Action plan.
The action plan must include the following:
(a) Standard Form 424;
(b) A description of the activities the jurisdiction will undertake
during the next year to address priority needs and local objectives
that were identified in Sec. 91.215. This description shall identify
the local objectives that will be addressed by the activities that are
expected to be undertaken using formula grant funds, other HUD
assistance, non-HUD sources of funds, and program income the
jurisdiction expects to receive during the program year. This
information is to be presented in the form of a table prescribed by
HUD;
(c) Activities it plans to undertake during the next year to
address emergency shelter and transitional housing needs of homeless
individuals and families, to prevent low-income individuals and
families with children (especially those with incomes below 30 percent
of median) from becoming homeless, and to help homeless persons make
the transition to permanent housing and independent living;
(d) Actions it plans to take during the next year to foster and
maintain affordable housing, public housing improvements and resident
initiatives, remove barriers to affordable housing, evaluate and reduce
lead-based hazards, reduce the number of households with incomes below
the poverty line, develop institutional structure, address obstacles to
meeting underserved needs, and enhance coordination between public and
private housing and social service agencies. (See Sec. 91.215 (c), (g),
(h), (i), (j), and (k).) For HOME funds, a participating jurisdiction
shall describe other forms of investment that are not described in
Sec. 92.205(b) of this chapter.
Sec. 91.225 Certifications.
(a) General.--(1) Citizen participation. Each jurisdiction must
certify that it is in full compliance and following a detailed citizen
participation plan that satisfies the requirements of Sec. 91.105.
(2) Affirmatively furthering fair housing. Each jurisdiction is
required to submit a certification that it will affirmatively further
fair housing. This certification includes conducting an analysis of
impediments to fair housing choice and preparing a description of any
steps taken to carry out the certification, and maintaining evidence to
support the certification. (See 24 CFR 570.601(c) for a description of
the responsibilities that a CDBG entitlement community must undertake
to fulfill this certification.)
(3) Anti-displacement and relocation plan. Each jurisdiction is
required to submit a certification that it has in effect and is
following a residential antidisplacement and relocation assistance plan
in connection with any activity assisted with funding under the CDBG or
HOME programs.
(4) Drug-free workplace. The jurisdiction must submit a
certification with regard to drug-free workplace required by 24 CFR
part 24, subpart F.
(5) Anti-lobbying. The jurisdiction must submit a certification
with regard to compliance with restrictions on lobbying required by 24
CFR part 87, together with disclosure forms, if required by that part.
(6) Authority of jurisdiction. The jurisdiction must submit a
certification that the consolidated plan is authorized under State and
local law (as applicable) and that the jurisdiction possesses the legal
authority to carry out the programs for which it is seeking funding, in
accordance with applicable HUD regulations.
(7) Consistency with plan. The housing activities to be undertaken
with CDBG, HOME, ESG, and HOPWA funds are consistent with the plan.
(8) Acquisition and relocation. It will comply with the acquisition
and relocation requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, and
implementing regulations at 49 CFR part 24.
(9) Section 3. It will comply with section 3 of the Housing and
Urban Development Act of 1968.
(b) Community Development Block Grant program. For jurisdictions
that seek funding under CDBG, the following certifications are
required:
(1) Consultation by States. In the case of a State, a certification
that it has consulted with affected units of local government about the
method of distribution of funding.
(2) Community development plan. A certification that this
consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term
and long-term community development objectives that have been developed
in accordance with the primary objective of the statute authorizing the
CDBG program, as described in Sec. 570.2 of this title, and
requirements of this part and part 570 of this title.
(3) Strategy. A certification that the jurisdiction is following a
current consolidated plan (formerly Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
(4) Use of funds. A certification that the jurisdiction has
complied with the following criteria:
(i) With respect to activities expected to be assisted with CDBG
funds, the Action Plan has been developed so as to give the maximum
feasible priority to activities that will benefit very low- and low-
income families or aid in the prevention or elimination of slums or
blight. The plan may also include CDBG-assisted activities that are
certified to be designed to meet other community development needs
having particular urgency because existing conditions pose a serious
and immediate threat to the health or welfare of the community where
other financial resources are not available to meet such needs;
(ii) The aggregate use of CDBG funds, including section 108
guaranteed loans, during a period specified by the jurisdiction,
consisting of one, two, or three specific consecutive program years,
shall principally benefit very low- and low-income families in a manner
that ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period (see
24 CFR 570.200 for definition of ``CDBG funds''); and
(iii) The jurisdiction will not attempt to recover any capital
costs of public improvements assisted with CDBG funds, including
Section 108 loan guarantees, by assessing any amount against properties
owned and occupied by persons of very low- and low-income, including
any fee charged or assessment made as a condition of obtaining access
to such public improvements. However, if CDBG funds are used to pay the
proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG funds) financed from
other revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source
other than CDBG funds. In addition, with respect to properties owned
and occupied by low-income (but not very low-income) families, an
assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds if
the jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
(5) A certification that the jurisdiction will comply with
applicable laws.
(6) Excessive force. A certification that the jurisdiction has
adopted and is enforcing:
(i) A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals
engaged in non-violent civil rights demonstrations; and
(ii) A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from, a facility or location
that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(7) Compliance with anti-discrimination laws. The jurisdiction must
submit a certification that the grant will be conducted and
administered in compliance with title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), the
Age Discrimination Act of 1975 (42 U.S.C. 6101-6107), Executive Orders
11063, 11625, 12138, 12432, and 12892, Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and implementing
regulations.
(c) Emergency Shelter Grant program. For jurisdictions that seek
funding under the Emergency Shelter Grant program, a certification is
required by the metropolitan city or urban county that it will comply,
and by the State that it will ensure that its State recipients comply,
with the following requirements:
(1) In the case of assistance involving major rehabilitation or
conversion, maintain any building for which assistance is used under
the ESG program as a shelter for homeless individuals and families for
not less than a 10-year period;
(2) In the case of assistance involving rehabilitation less than
that covered under paragraph (d)(1) of this section, maintain any
building for which assistance is used under the ESG program as a
shelter for homeless individuals and families for not less than a
three-year period;
(3) In the case of assistance involving essential services
(employment, health, drug abuse, or education) or maintenance,
operation, insurance, utilities and furnishings, provide services or
shelter to homeless individuals and families for the period during
which the ESG assistance is provided, without regard to a particular
site or structure as long as the same general population is served;
(4) Any renovation carried out with ESG assistance shall be
sufficient to ensure that the building involved is safe and sanitary;
(5) It will assist homeless individuals in obtaining appropriate
supportive services, including permanent housing, medical and mental
health treatment, counseling, supervision, and other services essential
for achieving independent living, and other Federal, State, local, and
private assistance available for such individuals;
(6) Obtain matching amounts required under Sec. 576.71 of this
title;
(7) Develop and implement procedures to ensure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the
ESG program, including protection against the release of the address or
location of any family violence shelter project except with the written
authorization of the person responsible for the operation of that
shelter; and
(8) To the maximum extent practicable, it will involve, through
employment, volunteer services, or otherwise, homeless individuals and
families in constructing, renovating, maintaining, and operating
facilities assisted under this program, in providing services assisted
under the program, and in providing services for occupants of
facilities assisted under the program.
(d) HOME program. Each participating jurisdiction must provide the
following certifications:
(1) If it plans to use HOME funds for tenant-based rental
assistance, a certification that rental-based assistance is an
essential element of its consolidated plan;
(2) That it is using and will use HOME funds for eligible
activities and costs, as described in Secs. 92.205 and 92.209 of this
chapter and that it is not using and will not use HOME funds for
prohibited activities, as described in Sec. 92.214 of this chapter;
(3) That before committing funds to a project, the participating
jurisdiction will evaluate the project in accordance with guidelines
that it adopts for this purpose and will not invest any more HOME funds
in combination with other federal assistance than is necessary to
provide affordable housing;
(e) Housing Opportunities for Persons With AIDS. For jurisdictions
that seek funding under the Housing Opportunities for Persons With AIDS
program, a certification is required by the jurisdiction that:
(1) Activities funded under the program will meet urgent needs that
are not being met by available public and private sources; and
(2) Any property purchased, leased, rehabilitated, renovated, or
converted with assistance under that program shall be operated for not
less than 10 years for the purpose specified in the plan, or for a
period of not less than three years in cases involving non-substantial
rehabilitation or repair of a building or structure.
Sec. 91.230 Monitoring.
The plan must describe the standards and procedures that the
jurisdiction will use to monitor activities carried out in furtherance
of the plan and will use to ensure long-term compliance with
requirements of the programs involved, including the comprehensive
planning requirements.
Sec. 91.235 Special case--abbreviated consolidated plan.
(a) Who may submit an abbreviated plan? A jurisdiction that is not
a CDBG entitlement community under 24 CFR part 570, subpart D, and is
not expected to be a participating jurisdiction in the HOME program
under 24 CFR part 92, may submit an abbreviated consolidated plan that
is appropriate to the types and amounts of assistance sought from HUD.
(b) When is an abbreviated plan necessary?
(1) Jurisdiction. When a jurisdiction that is permitted to use an
abbreviated plan applies to HUD for funds under a program that requires
an approved consolidated plan (see Sec. 91.2), it must obtain approval
of an abbreviated plan and submit a certification that the housing
activities are consistent with the plan.
(2) Other applicants. When an eligible applicant other than a
jurisdiction (e.g., a public housing agency or nonprofit organization)
seeks to apply for funding under a program requiring an approved
consolidated plan, the jurisdiction--if it is permitted to use an
abbreviated plan--may prepare an abbreviated plan appropriate to the
project.
(3) Limitation. For the HOME program, an abbreviated consolidated
plan is only permitted with respect to reallocations to other than
participating jurisdictions (see part 92, subpart J of this chapter).
For the CDBG program, an abbreviated plan may be submitted only for the
HUD-administered Small Cities program and for the Insular Areas program
(only Palau is subject to this requirement).
(c) What is an abbreviated plan? An abbreviated plan must contain
sufficient information about needs, resources, and planned activities
to address the needs to cover the type and amount of assistance
anticipated to be funded by HUD.
(d) Citizen participation. Prior to submission of the consolidated
plan to HUD for funding, the applicant must conduct a citizen
participation process as provided in section 107 of the Cranston-
Gonzalez National Affordable Housing Act.
Subpart D--State Governments: Contents of Consolidated Plan
Sec. 91.300 Contents and format.
The consolidated plan shall be submitted in such format as may be
prescribed by HUD, including forms and narratives, or in such other
format as jointly agreed upon by HUD and the State. The content shall
comply with the requirements of this part, including the requirement of
Sec. 91.105 to include a summary of public comments.
Sec. 91.305 Housing and homeless needs assessment.
(a) General. The plan must describe the State's estimated housing
needs projected for the ensuing five-year period. Housing data included
in this portion of the plan shall be based on data available from the
U.S. Census, as updated by any properly conducted local study, or any
other reliable source that the jurisdiction clearly identifies and
should reflect the consultation with social service agencies conducted
in accordance with Sec. 91.100 and the citizen participation process.
(b) Categories of persons affected. The plan must describe the
jurisdiction's need for assistance for extremely low income, very low-
income, low-income, and moderate income families, for renters and
owners, for elderly persons, for large families, and for persons with
disabilities. The description of housing needs shall include a
discussion of the cost burden and severe cost burden, overcrowding
(especially for large families), and substandard housing conditions
being experienced by extremely low-income, very low-income, other low-
income, and moderate-income renters and owners compared to the
jurisdiction as a whole. For any of these categories, to the extent
that any racial or ethnic group has disproportionately greater need in
comparison to the needs of that category as a whole, assessment of that
specific need shall be included. For this purpose, disproportionately
greater need exists when the percentage of persons in a category of
need who are members of a particular racial or ethnic group is at least
10 percentage points higher than the percentage of persons in the
category as a whole. With respect to a jurisdiction seeking assistance
under the HOPWA program, the plan must identify the size and
characteristics of the population with acquired immunodeficiency
syndrome, related diseases, and their families within the metropolitan
area to be served.
(c) Homeless needs. The plan must describe the nature and extent of
homelessness, including rural homelessness, within the jurisdiction.
The plan must include an estimate of the special needs of various
categories of families and individuals who are homeless or threatened
with homelessness (such as persons with mental illness or with
substance abuse problems), in accordance with a table prescribed by
HUD. The plan also should contain a narrative description of the nature
and extent of homelessness by racial and ethnic group, to the extent
information is available.
(d) Lead-based paint hazards. The plan must estimate the number of
housing units within the State that are occupied by low-income families
or very low-income families that contain lead-based paint hazards, as
defined in this part.
Sec. 91.310 Housing market analysis.
(a) General characteristics. Based on data available to the State,
the plan must describe the significant characteristics of the State's
housing markets (including such aspects as the supply, demand, and
condition and cost of housing).
(b) Low-income tax credit use. The plan must describe the strategy
to coordinate the Low-income Tax Credit with development of housing
that is affordable to very low-income and low-income families.
(c) Homeless facilities. The plan must include a brief inventory of
facilities and services that meet the needs for emergency shelter and
transitional housing needs of homeless persons within the State.
(d) Barriers to affordable housing. The plan must explain whether
the cost of housing or the incentives to develop, maintain, or improve
affordable housing in the State are affected by its policies, including
tax policies affecting land and other property, land use controls,
zoning ordinances, building codes, fees and charges, growth limits, and
policies that affect the return on residential investment.
(e) Institutional structure. The plan must explain the
institutional structure, including private industry, nonprofit
organizations, and public institutions, through which the State will
carry out its housing and community development plan, assessing the
strengths and gaps in that delivery system.
(f) Governmental coordination. With respect to the public entities
involved, the plan must describe the means of cooperation and
coordination among the State and any units of general local government
in the development and submission of the State's plan.
Sec. 91.315 Strategies, priority needs, and objectives.
(a) General. The consolidated plan must state for each of the
State's priority needs identified in the priority needs table
prescribed by HUD and in local consultation:
(1) The reasons for the State's choice of priority need, describing
its choice in terms of housing need (e.g., income, tenure, and housing
problems), and identifying obstacles to addressing underserved needs;
(2) The specific objectives. Each objective shall identify the key
goals in quantitative terms along with numeric or other measurable
indicators of progress and a target date for completion (in subsequent
years, the plans may incorporate the objectives from a prior year's
plan if they have not changed); and
(3) A description of the State's resource allocation geographically
within the State (or for the HOPWA program, outside metropolitan areas
receiving HOPWA grants) and among different activities.
(b) Resources--(1) Federal resources. The plan must describe the
expected Federal resources to be available to address the needs
identified in accordance with Sec. 91.305.
(2) Other resources. The plan must indicate resources from private
and non-Federal public sources that are reasonably expected to be made
available to address the needs identified in the plan. The plan must
explain how Federal funds will leverage those additional resources,
including a description of how matching requirements of the HUD
programs will be satisfied. Where the State deems it appropriate, it
may indicate publicly owned land or property located within the
jurisdiction that may be used to carry out the purposes stated in
Sec. 91.1.
(c) Affordable housing. The plan must include the number of
families to whom the State will provide affordable housing, as defined
in Sec. 92.252 of this chapter for rental housing and Sec. 92.254 of
this chapter for homeownership, and must include the priority housing
needs table prescribed by HUD. The plan must indicate how those
characteristics will influence the use of funds made available for
rental assistance, production of new units, rehabilitation of old
units, or acquisition of existing units.
(d) Homelessness. The plan must include the priority homeless needs
table prescribed by HUD and must describe the jurisdiction's strategy
for the following:
(1) Helping low-income families avoid becoming homeless;
(2) Reaching out to homeless persons and assessing their individual
needs;
(3) Addressing the emergency shelter and transitional housing needs
of homeless persons; and
(4) Helping homeless persons make the transition to permanent
housing and independent living.
(e) Community development. If the State seeks assistance under the
Community Development Block Grant program, the plan must describe the
State's priority nonhousing community development needs that affect
more than one unit of general local government and involve activities
typically funded by the State under the CDBG program. These priority
needs must be described by CDBG eligibility category, reflecting the
needs of persons or households, as appropriate, for each type of
activity. This community development component of the plan must state
the State's long-term and short-term community development objectives,
which must be developed in accordance with the statutory goals
described in Sec. 91.1.
(f) Barriers to affordable housing. The plan must describe the
State's strategy to remove or ameliorate negative effects of its
policies that serve as barriers to affordable housing, as identified in
accordance with Sec. 91.310.
(g) Public housing resident initiatives. For a State that has a
State housing agency, the plan must describe the State's activities to
encourage public housing residents to become more involved in
management and participate in homeownership.
(h) Lead-based paint hazards. The plan must outline the actions
proposed or being taken to evaluate and reduce lead-based paint
hazards, and describe how the lead-based paint hazard reduction will be
integrated into housing policies and programs.
(i) Anti-poverty strategy. The plan must describe the State's
goals, programs, and policies for reducing the number of poverty level
households and how the State's goals, programs, and policies for
producing and preserving affordable housing will be coordinated with
other programs and services for which the State is responsible and the
extent to which they will reduce (or assist in reducing) the number of
households with incomes below the poverty line.
(j) Institutional structure. The plan must describe what the State
will do to overcome gaps in the institutional structure for carrying
out its strategy for addressing its priority needs.
(k) Coordination. The plan must describe the State's activities to
enhance coordination between public and assisted housing providers and
private and governmental health, mental health, and service agencies.
With respect to the public entities involved, the plan must describe
the means of cooperation and coordination among the State and any units
of general local government in the implementation of its strategy,
including activities to encourage public housing residents to become
more involved in management and participate in homeownership.
Sec. 91.320 Action plan.
(a) General. The action plan must describe the state's method for
distributing funds to local governments to carry out activities, or the
activities to be undertaken by the state, using funds that are expected
to be received under formula allocations (and related program income)
and other HUD assistance during the program year. These funds are
expected to be made available to address housing and related needs and
non-housing community development needs described in the consolidated
plan, in accordance with Sec. 91.315. With respect to the District of
Columbia, the action plan must be in accordance with the provisions of
Sec. 91.220.
(b) Specific information. The action plan must include the
following:
(1) For HOME funds, the state will describe the general priorities
for allocating investments geographically within the state and among
different activities and housing needs.
(2) For CDBG funds, a statement of the criteria used to select
applications for funding, including the relative importance of the
criteria. The action plan must include a description of how all CDBG
resources will be allocated among all funding categories and the
threshold factors and grant size limits that are to be applied. If the
State intends to aid nonentitlement units of general local government
in applying for guaranteed loan funds under part 570, Subpart M of this
title, it must describe available guarantee amounts and how
applications will be selected for assistance. (The statement of the
method of distribution must provide sufficient information so that
units of general local government will be able to understand and
comment on it, and be able to prepare responsive applications.)
(3) For ESG funds, a statement of the process for awarding grants
to State recipients and a description of how it intends to make its
allocation available to units of local government and nonprofit
organizations.
Sec. 91.325 Certifications.
(a) General.--(1) Citizen participation. A certification that the
State and each unit of general local government that is receiving
assistance from the State, is following a detailed citizen
participation plan that satisfies the requirements of Sec. 91.105.
(2) Affirmatively furthering fair housing. Each State is required
to submit a certification that it will affirmatively further fair
housing. This certification includes conducting an analysis of
impediments to fair housing choice and preparing a description of any
steps taken to carry out the certification, and maintaining evidence to
support the certification. (See Sec. 570.487(b)(2)(ii) of this title
for a description of the responsibilities that a State must undertake
to fulfill this certification.)
(3) Anti-displacement and relocation plan. The State is required to
submit a certification that it has in effect and is following a
residential antidisplacement and relocation assistance plan in
connection with any activity assisted with funding under the CDBG or
HOME programs.
(4) Drug-free workplace. The State must submit a certification with
regard to drug-free workplace required by 24 CFR part 24, subpart F.
(5) Anti-lobbying. The State must submit a certification with
regard to compliance with restrictions on lobbying required by 24 CFR
part 87, together with disclosure forms, if required by that part.
(6) Authority of State. The State must submit a certification that
the consolidated plan is authorized under State law and that the State
possesses the legal authority to carry out the programs for which it is
seeking funding, in accordance with applicable HUD regulations.
(7) Consistency with plan. The housing activities to be undertaken
with CDBG, HOME, ESG, and HOPWA funds are consistent with the plan.
(8) Acquisition and relocation. It will comply with the acquisition
and relocation requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, and
implementing regulations at 49 CFR part 24.
(9) Section 3. It will comply with section 3 of the Housing and
Urban Development Act of 1968.
(b) Community Development Block Grant program. For States that seek
funding under CDBG, the following certifications are required:
(1) Consultation by States. A certification that it has consulted
with affected units of local government about the method of
distribution of funding.
(2) Community development plan. A certification that this
consolidated plan identifies community development and housing needs
and specifies both short-term and long-term community development
objectives that have been developed in accordance with the primary
objective of the statute authorizing the CDBG program, as described in
Sec. 570.2 of this title, and requirements of this part and part 570 of
this title.
(3) Use of funds. A certification that the State has complied with
the following criteria:
(i) With respect to activities expected to be assisted with CDBG
funds, the Action plan has been developed so as to give the maximum
feasible priority to activities that will benefit very low- and low-
income families or aid in the prevention or elimination of slums or
blight. The plan may also include CDBG-assisted activities that are
certified to be designed to meet other community development needs
having particular urgency because existing conditions pose a serious
and immediate threat to the health or welfare of the community where
other financial resources are not available to meet such needs;
(ii) The aggregate use of CDBG funds, including section 108
guaranteed loans, during a period specified by the State, consisting of
one, two, or three specific consecutive program years, shall
principally benefit very low- and low-income families in a manner that
ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period (see
24 CFR 570.200 for definition of ``CDBG funds''); and
(iii) The State will not attempt to recover any capital costs of
public improvements assisted with CDBG funds, including Section 108
loan guarantees, by assessing any amount against properties owned and
occupied by persons of very low- and low-income, including any fee
charged or assessment made as a condition of obtaining access to such
public improvements. However, if CDBG funds are used to pay the
proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG funds) financed from
other revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source
other than with CDBG funds. In addition, with respect to properties
owned and occupied by low-income (but not very low-income) families, an
assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds if
the jurisdiction certifies that it lacks CDBG funds to cover the
assessment;
(4) Compliance with laws. The State will comply with applicable
laws.
(5) Excessive force. A certification that the State has adopted and
is enforcing:
(i) A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals
engaged in non-violent civil rights demonstrations; and
(ii) A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from, a facility or location
that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(6) Compliance with anti-discrimination laws. The State must submit
a certification that the grant will be conducted and administered in
compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d), the Fair Housing Act (42 U.S.C. 3601-3619), the Age
Discrimination Act of 1975 (42 U.S.C. 6101-6107), Executive Orders
11063, 11625, 12138, 12432, and 12892, Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and implementing
regulations.
(7) Certifications. The State must meet the certification
requirements contained in sections 106(d)(2)(C) and (D).
(c) Emergency Shelter Grant program. For States that seek funding
under the Emergency Shelter Grant program, a certification is required
by the State that it will ensure that its State recipients comply with
the following criteria:
(1) In the case of assistance involving major rehabilitation or
conversion, maintain any building for which assistance is used under
the ESG program as a shelter for homeless individuals and families for
not less than a 10-year period;
(2) In the case of assistance involving rehabilitation less than
that covered under paragraph (d)(1) of this section, maintain any
building for which assistance is used under the ESG program as a
shelter for homeless individuals and families for not less than a
three-year period;
(3) In the case of assistance involving essential services
(employment, health, drug abuse, or education) or maintenance,
operation, insurance, utilities and furnishings, provide services or
shelter to homeless individuals and families for the period during
which the ESG assistance is provided, without regard to a particular
site or structure as long as the same general population is served;
(4) Any renovation carried out with ESG assistance shall be
sufficient to ensure that the building involved is safe and sanitary;
(5) It will assist homeless individuals in obtaining appropriate
supportive services, including permanent housing, medical and mental
health treatment, counseling, supervision, and other services essential
for achieving independent living, and other Federal, State, local, and
private assistance available for such individuals;
(6) Obtain matching amounts required under Sec. 576.71 of this
title;
(7) Develop and implement procedures to ensure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the
ESG program, including protection against the release of the address or
location of any family violence shelter project except with the written
authorization of the person responsible for the operation of that
shelter; and
(8) To the maximum extent practicable, it will involve, through
employment, volunteer services, or otherwise, homeless individuals and
families in constructing, renovating, maintaining, and operating
facilities assisted under this program, in providing services assisted
under the program, and in providing services for occupants of
facilities assisted under the program.
(d) HOME program. Each participating jurisdiction must provide the
following certifications:
(1) If it plans to use program funds for tenant-based rental
assistance, a certification that rental-based assistance is an
essential element of its consolidated plan;
(2) That it is using and will use HOME funds for eligible
activities and costs, as described in Secs. 92.205 and 92.209 of this
chapter and that it is not using and will not use HOME funds for
prohibited activities, as described in Sec. 92.214 of this chapter;
(3) That before committing funds to a project, the participating
jurisdiction will evaluate the project in accordance with guidelines
that it adopts for this purpose and will not invest any more HOME funds
in combination with other federal assistance than is necessary to
provide affordable housing;
(e) Housing Opportunities for Persons With AIDS. For States that
seek funding under the Housing Opportunities for Persons With AIDS
program, a certification is required by the State that:
(1) Activities funded under the program will meet urgent needs that
are not being met by available public and private sources; and
(2) Any property purchased, leased, rehabilitated, renovated, or
converted with assistance under that program shall be operated for not
less than 10 years specified in the plan, or for a period of not less
than three years in cases involving non-substantial rehabilitation or
repair of a building or structure.
Sec. 91.330 Monitoring.
The consolidated plan must describe the standards and procedures
that the State will use to monitor activities carried out in
furtherance of the plan and will use to ensure long-term compliance
with requirements of the programs involved, including the comprehensive
planning requirements.
Subpart E--Consortia: Contents of Consolidated Plan
Sec. 91.400 Applicability.
This subpart applies to HOME program consortia, as defined in
Sec. 91.5 (see 24 CFR part 92). Units of local government that
participate in a consortium must participate in submission of a
consolidated plan for the consortium, prepared in accordance with this
subpart, as well as submitting their own consolidated plans, prepared
in accordance with subpart C of this part, to cover all programs other
than HOME.
Sec. 91.405 Consolidated program year.
(a) Same program year for consortia members. All units of general
local government that are members of a consortium must be on the same
program year.
(b)(1) Notwithstanding the requirement of paragraph (a) of this
section, consortia in existence on [the effective date of this rule]
will be allowed a transition period during the balance of their current
consortium agreement or, if their agreement ends in Fiscal Year 1994,
during their 3-year agreement renewed in Fiscal Year 1995, to align
their program years.
(2) During any such transition period, the lead agency (if it is a
CDBG entitlement community) must submit, as its consolidated plan, a
plan that complies with this subpart for the consortium, plus the
Community Development Plan component (in accordance with Sec. 91.215)
and Action Plan for funds other than HOME funds (in accordance with
Sec. 91.220) for its own jurisdiction. All other communities in the
consortium may submit their respective Community Development Plan and
Action Plans for funds other than HOME funds separately, in accordance
with their individual program years.
Sec. 91.410 Housing market analysis.
Housing market analysis must be described in the plan in accordance
with the provisions of Sec. 91.210; however, it must be described for
the entire consortium.
Sec. 91.415 Housing and homeless needs assessment.
Housing and homeless needs must be described in the plan in
accordance with the provisions of Sec. 91.205; however, they must be
described for the entire consortium.
Sec. 91.420 Strategies and priority needs.
Strategies and priority needs must be described in the plan in
accordance with the provisions of Sec. 91.215; however, they must be
described for the entire consortium. The consortium must set forth its
priorities for allocating resources geographically within the
jurisdiction for the HOME program, describing how the plan will address
the needs identified (in accordance with Sec. 91.405), describing the
reasons for the consortium's allocation priorities, and identifying any
obstacles there are to addressing underserved needs.
Sec. 91.425 Action plan.
The action plan must describe the projects and activities to be
undertaken with formula grant funds and program income expected to be
received during the program year and the actions the consortium expects
to take during the program year to pursue its strategy.
Sec. 91.430 Certifications.
(a) General.--(1) Citizen participation. Each jurisdiction must
certify that it is in full compliance and following a detailed citizen
participation plan that satisfies the requirements of Sec. 91.105.
(2) Affirmatively furthering fair housing. Each jurisdiction is
required to submit a certification that it will affirmatively further
fair housing and is required to maintain evidence to support the
certification, including its analysis of impediments to fair housing
choice and a description of any steps taken to carry out the
certification. (See 24 CFR 570.601(c) for a description of the
responsibilities that a CDBG entitlement community must undertake to
fulfill this certification.)
(3) Anti-displacement and relocation plan. Each jurisdiction is
required to submit a certification that it has in effect and is
following a residential antidisplacement and relocation assistance plan
in connection with any activity assisted with funding under the CDBG or
HOME programs.
(4) Drug-free workplace. The jurisdiction must submit a
certification with regard to drug-free workplace required by 24 CFR
part 24, subpart F.
(5) Anti-lobbying. The jurisdiction must submit a certification
with regard to compliance with restrictions on lobbying required by 24
CFR part 87, together with disclosure forms, if required by that part.
(6) Authority of jurisdiction. The jurisdiction must submit a
certification that the consolidated plan is authorized under State and
local law (as applicable) and that the jurisdiction possesses the legal
authority to carry out the programs for which it is seeking funding, in
accordance with applicable HUD regulations.
(7) Consistency with plan. The housing activities to be undertaken
with CDBG, HOME, ESG, and HOPWA funds are consistent with the plan.
(8) Acquisition and relocation. It will comply with the acquisition
and relocation requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, and
implementing regulations at 49 CFR part 24.
(9) Section 3. It will comply with section 3 of the Housing and
Urban Development Act of 1968.
(b) Community Development Block Grant program. For jurisdictions
that seek funding under CDBG, the following certifications are
required:
(1) Consultation by States. In the case of a State, a certification
that it has consulted with affected units of local government about the
method of distribution of funding.
(2) Community development plan. A certification that this
consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term
and long-term community development objectives that have been developed
in accordance with the primary objective of the statute authorizing the
CDBG program, as described in Sec. 570.2 of this title, and
requirements of this part and part 570 of this title.
(3) Strategy. A certification that the jurisdiction is following a
current consolidated plan (formerly Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
(4) Use of funds. A certification that the jurisdiction has
complied with the following criteria:
(i) With respect to activities expected to be assisted with CDBG
funds, the Action Plan has been developed so as to give the maximum
feasible priority to activities that will benefit very low- and low-
income families or aid in the prevention or elimination of slums or
blight. The plan may also include CDBG-assisted activities that are
certified to be designed to meet other community development needs
having particular urgency because existing conditions pose a serious
and immediate threat to the health or welfare of the community where
other financial resources are not available to meet such needs;
(ii) The aggregate use of CDBG funds, including section 108
guaranteed loans, during a period specified by the jurisdiction,
consisting of one, two, or three specific consecutive program years,
shall principally benefit very low- and low-income families in a manner
that ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period (see
24 CFR 570.200 for definition of ``CDBG funds'');
(iii) The jurisdiction will not attempt to recover any capital
costs of public improvements assisted with CDBG funds, including
Section 108 loan guarantees, by assessing any amount against properties
owned and occupied by persons of very low- and low-income, including
any fee charged or assessment made as a condition of obtaining access
to such public improvements. However, if CDBG funds are used to pay the
proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG funds) financed from
other revenue sources, an assessment or charge may be made against the
property with respect to the public improvements financed by a source
other than CDBG funds. In addition, with respect to properties owned
and occupied by low-income (but not very low-income) families, an
assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds if
the jurisdiction certifies that it lacks CDBG funds to cover the
assessment; and
(5) A certification that the jurisdiction will comply with
applicable laws.
(6) Excessive force. A certification that the jurisdiction has
adopted and is enforcing:
(i) A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals
engaged in non-violent civil rights demonstrations; and
(ii) A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from, a facility or location
that is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(7) Compliance with anti-discrimination laws. The jurisdiction must
submit a certification that the grant will be conducted and
administered in compliance with title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), the
Age Discrimination Act of 1975 (42 U.S.C. 6101-6107), Executive Orders
11063, 11625, 12138, 12432, and 12892, Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and implementing
regulations.
(c) Emergency Shelter Grant program. For jurisdictions that seek
funding under the Emergency Shelter Grant program, a certification is
required by the metropolitan city or urban county that it will comply,
and by the State that it will ensure that its State recipients comply,
with the following requirements:
(1) In the case of assistance involving major rehabilitation or
conversion, maintain any building for which assistance is used under
the ESG program as a shelter for homeless individuals and families for
not less than a 10-year period;
(2) In the case of assistance involving rehabilitation less than
that covered under paragraph (d)(1) of this section, maintain any
building for which assistance is used under the ESG program as a
shelter for homeless individuals and families for not less than a
three-year period;
(3) In the case of assistance involving essential services
(employment, health, drug abuse, or education) or maintenance,
operation, insurance, utilities and furnishings, provide services or
shelter to homeless individuals and families for the period during
which the ESG assistance is provided, without regard to a particular
site or structure as long as the same general population is served;
(4) Any renovation carried out with ESG assistance shall be
sufficient to ensure that the building involved is safe and sanitary;
(5) It will assist homeless individuals in obtaining appropriate
supportive services, including permanent housing, medical and mental
health treatment, counseling, supervision, and other services essential
for achieving independent living, and other Federal, State, local, and
private assistance available for such individuals;
(6) Obtain matching amounts required under Sec. 576.71 of this
title;
(7) Develop and implement procedures to ensure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under the
ESG program, including protection against the release of the address or
location of any family violence shelter project except with the written
authorization of the person responsible for the operation of that
shelter; and
(8) To the maximum extent practicable, it will involve, through
employment, volunteer services, or otherwise, homeless individuals and
families in constructing, renovating, maintaining, and operating
facilities assisted under this program, in providing services assisted
under the program, and in providing services for occupants of
facilities assisted under the program.
(d) HOME program. Each participating jurisdiction must provide the
following certifications:
(1) If it plans to use HOME funds for tenant-based rental
assistance, a certification that rental-based assistance is an
essential element of its consolidated plan;
(2) That it is using and will use HOME funds for eligible
activities and costs, as described in Secs. 92.205 and 92.209 of this
chapter and that is not using and will not use HOME funds for
prohibited activities, as described in Sec. 92.214 of this chapter;
(3) That before committing funds to a project, the participating
jurisdiction will evaluate the project in accordance with guidelines
that it adopts for this purpose and will not invest any more HOME funds
in combination with other federal assistance than is necessary to
provide affordable housing;
(e) Housing Opportunities for Persons With AIDS. For jurisdictions
that seek funding under the Housing Opportunities for Persons With AIDS
program, a certification is required by the jurisdiction that:
(1) Activities funded under the program will meet urgent needs that
are not being met by available public and private sources; and
(2) Any property purchased, leased, rehabilitated, renovated, or
converted with assistance under that program shall be operated for not
less than 10 years for the purpose specified in the plan, or for a
period of not less than three years in cases involving non-substantial
rehabilitation or repair of a building or structure.
Sec. 91.435 Monitoring.
The plan must describe the standards and procedures that the
consortium will use to monitor activities carried out in furtherance of
the plan and will use to ensure long-term compliance with requirements
of the programs involved, including the comprehensive planning
requirements.
Subpart F--Other General Requirements
Sec. 91.500 HUD approval action.
(a) General. HUD will review the plan upon receipt. The plan will
be deemed approved 60 days after HUD receives the plan, unless before
that date the Department has notified the jurisdiction that the plan is
disapproved.
(b) Standard of review. HUD may disapprove a plan or a portion of a
plan if it is inconsistent with the purposes of the Cranston-Gonzalez
National Affordable Housing Act or if it is substantially incomplete. A
plan is substantially incomplete, among other things, if HUD has
determined, after inspecting the evidence and providing due notice and
opportunity to the jurisdiction for comment, that the plan fails to
address all the required elements in the regulations. Disapproval of a
plan with respect to one program does not affect assistance distributed
on the basis of a formula under other programs.
(c) Written notice of disapproval. Within 15 days after HUD
notifies a jurisdiction that it is disapproving its plan, it must
inform the jurisdiction in writing of the reasons for disapproval and
actions that the jurisdiction could take to meet the criteria for
approval.
(d) Revisions and resubmission. The jurisdiction may revise or
resubmit a plan within 45 days after the first notification of
disapproval. HUD must respond to approve or disapprove the plan within
30 days of receiving the revisions or resubmission.
Sec. 91.505 Amendments to the consolidated plan.
(a) Amendments to the plan. The jurisdiction shall amend its
approved plan whenever it makes one of the following decisions:
(1) To make a substantial change in its allocation priorities or a
substantial change in the method of distribution of funds;
(2) To carry out an activity, using funds from any program covered
by the consolidated plan (including program income), not previously
described in the action plan; or
(3) To substantially change the purpose, scope, location, or
beneficiaries of an activity.
(b) Criteria for substantial change. The jurisdiction shall
identify in its citizen participation plan the criteria it will use for
determining what constitutes a substantial change for this purpose.
(c) Submission to HUD. The amendment must be made public and
submitted to HUD before it implements changes embodied in the
amendment. See Sec. 91.105 for the public notice procedures applicable
to any amendment. For any amendment affecting the HOPWA program that
would involve acquisition, rehabilitation, conversion, lease, repair or
construction of properties to provide housing, an environmental review
of the revised proposed use of funds must be completed by HUD in
accordance with 24 CFR 574.510.
(d) Citizen participation. When a jurisdiction decides to make a
change that requires an amendment of the plan, in accordance with
Sec. 91.105, it shall provide citizens or, as appropriate, units of
general local government, with reasonable notice of the change and an
opportunity to comment on it. The jurisdiction must consider the
comments received and must make the amendment available to the public
at the time it is submitted to HUD.
Sec. 91.510 Consistency determinations.
A jurisdiction's certification that an application is consistent
with its consolidated plan means the jurisdiction's plan shows need,
the proposed activities are consistent with the jurisdiction's
strategy, and the location of the proposed activities is consistent
with the geographic areas specified in the plan. The jurisdiction shall
provide the reasons for the denial when it fails to grant a
certification of consistency. To receive funding from HUD that is based
on a formula allocation, a certification of consistency of the proposed
activities with this consolidated plan shall be necessary.
Sec. 91.515 Funding determinations by HUD.
(a) Formula funding. The action plan submitted by the jurisdiction
will be considered as the application for the CDBG, HOME, ESG, and
HOPWA formula grants to which the jurisdiction may be entitled under
applicable program regulations. A single form SF-424 shall be included
for this purpose in the submission to HUD. The Department will make its
funding award determination after reviewing the plan submission in
accordance with Sec. 91.500.
(b) Other funding. For other funding, the jurisdiction must still
respond to Notices of Funding Availability for the individual programs
in order to receive funding.
Sec. 91.520 Performance reports.
(a) General. Each jurisdiction that has a consolidated plan shall
annually review and report, in a form acceptable to HUD, on the
progress it has made in carrying out its plan. This performance report
shall be submitted to HUD within 90 days after the close of the
jurisdiction's program year.
(b) Affordable housing. The report shall include an evaluation of
the jurisdiction's progress in meeting its short-term objective of
providing affordable housing, including the number and types of
households served. This element of the report must include the number
of extremely low, very low-income, and low- and moderate-income persons
served and the racial and ethnic status of persons assisted with funds
made available.
(c) CDBG. For CDBG recipients, the report shall include a
description of the use of CDBG funds during the program year and an
assessment by the jurisdiction of the relationship of that use to the
objectives identified in the plan, giving special attention to the
highest priority activities that were identified. This element of the
report must evaluate the extent to which its funds were used for
activities that benefited extremely low, very low-income and low-income
persons. It must also indicate the nature of and reasons for changes in
its program objectives over the year and what changes it expects to
make in its programs as a result of its experiences.
(d) HOME. For HOME participating jurisdictions, the report shall
include the results of on-site inspections of affordable rental housing
assisted under the program to determine compliance with housing codes
and other applicable regulations.
(e) HOPWA. For jurisdictions receiving funding under the Housing
Opportunities for Persons With AIDS program, the report must include
the number of individuals assisted and the types of assistance
provided.
(f) Evaluation by HUD. HUD shall review the performance report and
determine whether it is satisfactory. If a satisfactory report is not
submitted in a timely manner, the Department may suspend funding until
a satisfactory report is submitted, or may withdraw and reallocate
funding if the Department determines, after notice and opportunity for
a hearing, that the jurisdiction will not submit a satisfactory report.
Sec. 91.525 Performance review by HUD.
(a) General. HUD shall review the performance of each jurisdiction
covered by this part at least annually, including site visits by
employees--insofar as practicable, assessing the following:
(1) Management of funds made available under programs administered
by HUD;
(2) Compliance with the consolidated plan;
(3) Accuracy in the preparation of performance reports;
(4) Extent to which the jurisdiction made progress towards the
statutory goals identified in Sec. 91.1; and
(5) Efforts to ensure that housing assisted under programs
administered by HUD is in compliance with contractual agreements and
the requirements of law.
(b) Report by HUD. HUD shall report on the performance review in
writing, stating the length of time the jurisdiction has to review and
comment on the report, which will be at least 30 days. HUD may revise
the report after considering the jurisdiction's views, and shall make
the report, the jurisdiction's comments, and any revisions available to
the public within 30 days after receipt of the jurisdiction's comments.
Subpart G--Insular Areas [Reserved]
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
2. The authority citation for part 92 would continue to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12701-12839.
3. In Sec. 92.2, the definition of ``housing strategy'' would be
removed and a definition of ``consolidated plan'' would be added, to
read as follows:
Sec. 92.2 Definitions.
* * * * *
Consolidated plan. The plan prepared in accordance with part 91 of
this chapter, which describes needs, resources, priorities and proposed
activities to be undertaken with respect to HUD programs, including the
HOME program. An approved consolidated plan means a consolidated plan
that has been approved by HUD in accordance with part 91 of this
chapter.
* * * * *
4. Section 92.52 would be amended to revise the heading,
redesignate the existing text as paragraph (a), add a heading and a
sentence at the beginning of newly redesignated paragraph (a), and to
add a new paragraph (b), to read as follows:
Sec. 92.52 Formula allocations.
(a) Notification of allocation. HUD will notify each participating
jurisdiction of its HOME formula allocation amount. * * *
(b) New participating jurisdictions. HUD will notify each
jurisdiction that has not previously participated in the HOME program
of its formula allocation. Within 30 days of that notice, a newly
eligible jurisdiction must notify HUD of its intent to become a
participating jurisdiction. Within 90 days of the jurisdiction's
submission of the notice of intent, it must submit a new or revised
consolidated plan, which must be approved by HUD before funding is
forthcoming. The plan shall identify the jurisdiction's program year
starting date.
Secs. 92.61-92.63 [Removed]
5. Sections 92.61, 92.62, and 92.63 would be removed.
6. Section 92.150 would be revised to read as follows:
Sec. 92.150 Submission requirements.
In order to receive its HOME allocation, a participating
jurisdiction must submit a consolidated plan in accordance with 24 CFR
part 91. That part includes requirements for the content of the plan,
for the process of developing the plan, including citizen participation
provisions, for the submission date, for HUD approval, and for the
amendment process.
Sec. 92.151 [Removed]
7. Section 92.151 would be removed.
Sec. 92.152 [Removed]
8. Section 92.152 would be removed.
Sec. 92.204 [Amended]
9. Section 92.204 would be amended by removing from paragraph (c)
the phrase, ``subpart D (Program Description),''.
Sec. 92.211 [Amended]
10. Section 92.211 would be amended by adding, to paragraph (a)(1)
after the word ``certifies'', the phrase ``(see Sec. 91.605)''.
Sec. 92.451 [Amended]
11. Section 92.451 would be amended by removing from paragraph
(a)(1)(iii), the phrase ``housing strategy in accordance with
Sec. 92.104'' and by adding in its place, the phrase ``consolidated
plan, in accordance with part 91 of this title''; and by removing from
paragraph (a)(2) the word ``Sec. 91.70'' and by adding in its place,
the phrase ``part 91 of this chapter''.
Sec. 92.453 [Amended]
12. Section 92.453 would be amended by removing from paragraph
(b)(2)(ii) the phrase ``housing strategy'' in the three places where it
occurs, and by adding for it in those three places, the phrase
``consolidated plan''.
Secs. 92.505-92.506 [Removed]
13. Sections 92.505 and 92.506 would be removed.
14. Section 92.509 would be revised to read as follows:
Sec. 92.509 Performance reports.
For annual performance report requirements, see part 91 of this
title.
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
15. The authority citation for part 570 would continue to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
16. In Sec. 570.3, the definition of ``Comprehensive Housing
Affordability Strategy (CHAS)'' would be removed, and the definition of
``consolidated plan'' would be added, to read as follows:
Sec. 570.3 Definitions.
* * * * *
Consolidated plan. The plan prepared in accordance with part 91 of
this title, which describes needs, resources, priorities and proposed
activities to be undertaken with respect to HUD programs, including the
HOME program. An approved consolidated plan means a consolidated plan
that has been approved by HUD in accordance with part 91 of this title.
* * * * *
Sec. 570.205 [Amended]
17. In Sec. 570.205, paragraph (a)(3)(i) would be amended by
removing the term ``Comprehensive Housing Affordability Strategy'', and
inserting in its place the term ``consolidated plan''.
Sec. 570.301 [Removed]
18. Section 570.301 would be removed.
19. Section 570.302 would be revised to read as follows:
Sec. 570.302 Submission requirements.
In order to receive its annual CDBG entitlement grant, a
jurisdiction must submit a consolidated plan in accordance with 24 CFR
part 91. That part includes requirements for the content of the plan,
for the process of developing the plan, including citizen participation
provisions, for the submission date, for HUD approval, and for the
amendment process.
20. Section 570.303 would be revised to read as follows:
Sec. 570.303 Certifications.
The jurisdiction must make the certifications that are set forth in
24 CFR part 91 as part of the consolidated plan.
21. In Sec. 570.304, paragraph (a) would be revised to read as
follows:
Sec. 570.304 Making of grants.
(a) Approval of grant. HUD will approve a grant if the
jurisdiction's submission in accordance with 24 CFR part 91 is
approved, in accordance with Sec. 91.25, and was received within the
time period required (see Sec. 91.20).
* * * * *
Sec. 570.305 [Removed]
22. Section 570.305 would be removed.
Sec. 570.306 [Removed]
23. Section 570.306 would be removed.
Sec. 570.308 [Amended]
24. In Sec. 570.308, paragraph (d) would be amended by removing the
words, ``this subpart'', and inserting in their place the words, ``part
91 of this title''.
25. In Sec. 570.485, paragraphs (b), (c), and (e) would be removed;
paragraph (d) would be redesignated as paragraph (b); and paragraph (a)
would be revised to read as follows:
Sec. 570.485 State submissions and State citizen participation
requirements.
(a) Required submissions. In order to receive its annual CDBG grant
under this subpart, a State must submit a consolidated plan in
accordance with 24 CFR part 91. That part includes requirements for the
content of the plan, for the process of developing the plan, including
citizen participation provisions, for the submission date, for HUD
approval, and for the amendment process.
* * * * *
26. In Sec. 570.486, paragraph (a) would be revised to read as
follows:
Sec. 570.486 Local government requirements.
(a) Citizen participation requirements for a unit of general local
government. Each unit of general local government receiving a grant
from a State under this part shall meet the citizen participation
requirements specified in 24 CFR 91.105-91.115.
* * * * *
Sec. 570.487 [Amended]
27. Section 570.487 would be amended by adding the following
material at the end of paragraph (b)(1):
``For each state receiving a grant under section 106(b) of the Act,
the certification that the grantee will affirmatively further fair
housing shall specifically require the grantee to assume the
responsibility of fair housing planning by conducting an analysis to
identify impediments to fair housing choice within its jurisdiction,
taking appropriate actions to overcome the effects of any impediments
identified through that analysis, and maintaining records reflecting
the analysis and actions in this regard.''
Sec. 570.491 [Removed]
28. Section 570.491 would be removed.
29. In Sec. 570.507, paragraph (a) would be revised to read as
follows:
Sec. 570.507 Reports.
(a) Performance and evaluation report. The annual performance and
evaluation report shall be submitted in accordance with part 91 of this
title.
* * * * *
Sec. 570.509 [Amended]
30. Section 570.509 would be amended by removing from paragraph (b)
the word, ``Sec. 570.507'' and adding in its place the words, ``part 91
of this title''; and by removing from paragraph (d) the phrases,
``comprehensive housing affordability strategy'', ``Comprehensive
Housing Affordability Strategy (CHAS)'', and ``fiscal year'', and
adding, in their place, the phrases, ``consolidated plan'',
``Consolidated Plan'', and ``program year'', respectively.
Sec. 570.601 [Amended]
31. Section 570.601 would be amended by adding the following
material at the end of paragraph (b):
``For each community receiving a grant under section 106(b) of the
Act, the certification that the grantee will affirmatively further fair
housing shall specifically require the grantee to assume the
responsibility of fair housing planning by conducting an analysis to
identify impediments to fair housing choice within its jurisdiction,
taking appropriate actions to overcome the effects of any impediments
identified through that analysis, and maintaining records reflecting
the analysis and actions in this regard.''
Sec. 570.605 [Amended]
32. Section 570.605 would be amended by removing the phrase,
``final statement pursuant to Sec. 570.302'', and by adding, in its
place, the phrase, ``consolidated plan, in accordance with 24 CFR part
91''.
Sec. 570.901 [Amended]
33. Section 570.901 would be amended by removing from paragraph (d)
the phrase, ``presubmission requirements at Sec. 570.301, the amendment
requirements at Sec. 570.305'', and adding in its place the phrase,
submission requirements of 24 CFR part 91''.
Sec. 570.910 [Amended]
34. Section 570.910 would be amended by removing from paragraph
(b)(2)(iii) the phrase, ``subpart D'', and adding in its place the
phrase, ``24 CFR part 91''.
PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
35. The authority citation for part 574 would continue to read as
follows:
Authority: 42 U.S.C. 12901-12912.
36. Section 574.2 would be revised to read as follows:
Sec. 574.2 Overview.
(a) Available funds. The Department awards funds appropriated for
any fiscal year for the program through a formula allocation and a
competitive grant process. Ninety percent of funds appropriated for
this program are distributed by formula entitlement. The remaining ten
percent is awarded through the competitive process.
(b) Formula entitlements. The formula grants are awarded upon
submission and approval of a consolidated plan, pursuant to 24 CFR part
91, that covers the assistance to be provided under this part. Certain
States and cities that are the most populous unit of general local
government in eligible metropolitan statistical areas will receive
formula allocations based on their State or metropolitan population and
proportionate number of cases of persons with AIDS. They will receive
funds under this part (providing they comply with 24 CFR part 91) for
eligible activities that address the housing needs of persons with AIDS
or related diseases and their families (see Sec. 574.130(b)).
(c) Competitive grants. The competitive grants are awarded based on
applications submitted in response to a Notice of Funds Availability
published in the Federal Register, as described in subpart C of this
part. All States and units of general local government and nonprofit
organizations are eligible to apply for competitive grants to fund
projects of national significance. Only those States and units of
general local government that do not qualify for formula allocations
are eligible to apply for competitive grants to fund other projects.
37. In Sec. 574.3, the definitions for ``Eligible State'' and
``Qualifying city'' would be revised to read as follows:
Sec. 574.3 Definitions.
* * * * *
Eligible State means a State that has:
(1) More than 1,500 cumulative cases of AIDS in those areas of the
State outside of eligible metropolitan statistical areas that are
eligible to be funded through a qualifying city; and
(2) A consolidated plan prepared, submitted, and approved in
accordance with 24 CFR part 91 that covers the assistance to be
provided under this part.
* * * * *
Qualifying city means a city that is the most populous unit of
general local government in an eligible metropolitan statistical area
(EMSA) and that has a consolidated plan prepared, submitted, and
approved in accordance with 24 CFR part 91 that covers the assistance
to be provided under this part.
* * * * *
38. In Sec. 574.100, a new paragraph (b) would be added, and the
existing material would be designated as paragraph (a), to read as
follows:
Sec. 574.100 Eligible applicants.
* * * * *
(b) HUD will notify eligible States and qualifying cities of their
status annually.
39. Section 574.120 would be revised to read as follows:
Sec. 574.120 Responsibility of applicant to serve EMSA.
The EMSA's applicant shall serve eligible persons who live anywhere
within the EMSA, except that housing assistance shall be provided only
in localities within the EMSA that have a consolidated plan prepared,
submitted, and approved in accordance with 24 CFR part 91 that covers
the assistance to be provided under this part. In allocating grant
amounts among eligible activities, the EMSA's applicant shall address
needs of eligible persons who reside within the metropolitan
statistical area, including those not within the jurisdiction of the
applicant.
Sec. 574.160 [Removed]
40. Section 574.160 would be removed.
Sec. 574.170 [Removed]
41. Section 574.170 would be removed.
Sec. 574.180 [Removed]
42. Section 574.180 would be removed.
43. In Sec. 574.190, the first sentence would be revised to read as
follows:
Sec. 574.190 Reallocation of grant amounts.
If an eligible State or qualifying city does not submit a
consolidated plan in a timely fashion, in accordance with 24 CFR part
91, that provides for use of its allocation of funding under this part,
the funds allocated to that jurisdiction will be added to the funds
available for formula allocations to other jurisdictions in the current
fiscal year. * * *
Sec. 574.240 [Amended]
44. In Sec. 574.240, paragraph (c)(11) would be amended by removing
the phrase, ``CHAS approved by HUD (see Sec. 574.160(a))'' and by
adding in its place the phrase, ``consolidated plan approved by HUD in
accordance with 24 CFR part 91''.
45. Section 574.520 would be revised to read as follows:
Sec. 574.520 Performance reports.
(a) Formula grants. For a formula grant recipient, the performance
reporting requirements are specified in 24 CFR part 91.
(b) Competitive grants. A grantee shall submit to HUD annually a
report describing the use of the amounts received, including the number
of individuals assisted, the types of assistance provided, and any
other information that HUD may require. Annual reports are required
until all grant funds are expended.
PART 576--EMERGENCY SHELTER GRANTS PROGRAM: STEWART B McKINNEY
HOMELESS ASSISTANCE ACT
46. The authority citation for part 576 would continue to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11376.
47. In Sec. 576.3, the definition of ``Comprehensive Housing
Affordability Strategy'' would be removed and a definition of
``Consolidated plan'' would be added, to read as follows:
Sec. 576.3 Definitions.
* * * * *
Consolidated plan. The plan prepared in accordance with part 91 of
this title, which describes needs, resources, priorities and proposed
activities to be undertaken with respect to HUD programs, including the
HOME program. An approved consolidated plan means a consolidated plan
that has been approved by HUD in accordance with part 91 of this title.
* * * * *
Sec. 576.31 Subpart C--[Removed and Reserved]
48. Subpart C consisting of Sec. 576.31 would be removed and
reserved.
49-50. Section 576.51 would be revised to read as follows:
Sec. 576.51 Application requirements.
In order to receive a grant under this part, a State or formula
city or county must submit a consolidated plan in accordance with 24
CFR part 91 that includes activities to be funded under this part. Part
91 includes requirements for the content of the plan, for the process
of developing the plan, including citizen participation provisions, for
the submission date, for HUD approval, and for the amendment process.
This plan serves as the jurisdiction's application for funding under
this program.
51. In Sec. 576.53, paragraphs (a) and (b) would be removed;
paragraphs (c), (d), and (e) would be redesignated as paragraphs (a),
(b), and (c); and newly redesignated paragraph (c) would be revised to
read as follows:
Sec. 576.53 Review and approval of applications.
* * * * *
(c) Reallocation amounts. Any emergency shelter grant allocation
that is not used will be reallocated in accordance with Sec. 576.67.
52. In Sec. 576.61, the heading of the section and paragraph (a)
would be revised to read as follows:
Sec. 576.61 Reallocation of grant amounts--formula cities and
counties.
(a) Applicability. This section applies where a formula city or
county fails to submit or obtain HUD approval of its consolidated plan
within 90 days of the date upon which amounts under this part first
become available for allocation in any fiscal year.
* * * * *
53. In Sec. 576.63, the heading of the section, paragraph (a),
paragraph (d), introductory text, and paragraph (d)(1) would be
revised, to read as follows:
Sec. 576.63 Reallocation of grant amounts--States and Territories.
(a) Applicability. This section applies where a State or Territory
fails to submit or obtain HUD approval of its consolidated plan by the
deadline specified in Sec. 576.61(a), or grant amounts cannot be
reallocated to a State under Sec. 576.61.
* * * * *
(d) Eligibility for reallocation amounts. In order to receive
reallocation amounts under this section, the formula city or county, or
State or Territory, must:
(1) Submit an amendment, in accordance with 24 CFR part 91, to its
consolidated plan for that program year to cover activities for the
reallocation amount it wishes to receive; and
* * * * *
54. In Sec. 576.67, paragraphs (c)(5) and (f)(1) would be revised
to read as follows:
Sec. 576.67 Reallocation of grant amounts; returned or unused amounts.
* * * * *
(c) * * *
(5) The responsible HUD field office will announce the availability
of returned grant amounts. The announcement will establish deadlines
for submitting applications, and will set out other terms and
conditions relating to grant awards, consistent with this part. The
announcement will specify the application documents to be submitted.
* * * * *
(f) * * *
(1) For purposes of this section, emergency shelter grant amounts
are considered ``returned'' when they become available for reallocation
because a jurisdiction does not execute a grant agreement with HUD for
them.
* * * * *
Sec. 576.85 [Removed]
55. Section 576.85 would be removed.
PART 968--PUBLIC HOUSING MODERNIZATION
56. The authority citation for part 968 would continue to read as
follows:
Authority: 42 U.S.C. 1437d, 1437l, 3535(d).
57. In Sec. 968.320, the first sentence of paragraph (c) would be
revised; paragraphs (d), (e), and (f) would be redesignated as
paragraphs (e), (f), and (g), respectively; a new paragraph (d) would
be added; the newly redesignated paragraph (e) would be amended by
adding three new sentences after the third sentence of the introductory
language, by adding a phrase to the end of paragraph (e)(4)(i) before
the semicolon, and by removing from paragraph (e)(6)(ii) the phrase
``Comprehensive Housing Affordability Strategy'' and adding in its
place the phrase ``consolidated plan''; to read as follows:
Sec. 968.320 Comprehensive plan (including action plan).
* * * * *
(c) Local government participation. A PHA shall consult with and
provide information to appropriate local government officials with
respect to the development of a comprehensive plan and to ensure that
there is coordination between the actions taken under the consolidated
plan (see 24 CFR part 91) for project and neighborhood improvements
where public housing units are located or proposed for construction
and/or modernization and improvement; and for meeting public and human
service needs of the public and assisted housing projects and their
residents. Among the areas with high potential for coordination for
undertaking joint projects are anti-crime and anti-drug efforts,
creation of micro-businesses in or near public housing projects,
neighborhood improvements, carrying out Family Self-Sufficiency or
other programs, and complying with site and neighborhood standards
policies. * * *
(d) Participation in coordinating entities. To the extent that
coordinating entities are set up to plan and implement the consolidated
plans (under 24 CFR part 91), the PHA shall participate in these
entities to ensure coordination with broader community development
strategies.
(e) * * * Where long-term physical and social viability of the
development is dependent upon revitalization of the surrounding
neighborhood in the provision of or coordination of public services, or
the consolidation or coordination of drug prevention and other human
service initiatives, the PHA shall identify these needs and strategies.
In addition, the PHA shall identify the funds or other resources in the
consolidated plan that are to be used to help address these needs and
strategies and the degree to which the activities in the comprehensive
plan contribute to a broader consolidated plan. These activities shall
be described in the Cooperation Agreement with the city. * * *
(4) * * *
(i) * * * and taking into account broader efforts to revitalize the
neighborhoods in which the development is located;
Dated: July 6, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-18705 Filed 8-4-94; 8:45 am]
BILLING CODE 4210-32-P
