[Federal Register: December 30, 2004 (Volume 69, Number 250)]
[Proposed Rules]
[Page 78829-78843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de04-33]
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Part IV
Department of Housing and Urban Development
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24 CFR Part 91
Revisions and Updates to Consolidated Plan; Proposed Rule
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 91
[Docket No. FR-4923-P-01; HUD 2004-0028]
RIN 2501-AD07
Revisions and Updates To Consolidated Plan
AGENCY: Office of the Secretary, HUD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend the consolidated plan
regulations of state and local governments to make clarifying and
streamlining changes that are expected to make the consolidated plan of
state and local jurisdictions more results-oriented and useful to
communities in assessing their own progress toward addressing the
problems of low-income areas. The consolidated plan is the document
that is submitted to HUD by jurisdictions that receive funding under
any of HUD's Community Planning and Development formula grant programs
and serves as the jurisdiction's planning document for the use of the
funds received under these programs. The proposed rule would eliminate
some obsolete and redundant provisions and make other changes that
would conform the consolidated plan regulations with HUD's public
housing regulations that govern the Public Housing Agency (PHA) Plan.
DATES: Comment due date: January 31, 2005.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Regulations Division, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW., Washington, DC 20410-0500. Interested persons may also submit
comments electronically through either:
The federal electronic rulemaking Portal at
http://www.regulations.gov; or
The HUD electronic Web site at http://www.epa.gov/feddocket.
Follow the link entitled ``View Open HUD Dockets.'' Commenters should
follow the instructions provided on that site to submit comments
electronically.
Facsimile (FAX) comments are not acceptable. In all cases,
communications must refer to the docket number and title. All comments
and communications submitted will be available, without revision, for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Copies are also available for inspection and downloading
at http://www.epa.gov/feddocket.
FOR FURTHER INFORMATION CONTACT: Salvatore Sclafani, CPD Office of
Policy Development and Coordination, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-7000,
telephone, (202) 708-1817 extension 4364 (this is not a toll-free
number). Hearing-or speech-impaired individuals may access this number
through TTY by calling the toll-free Federal Information Relay Service
at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
HUD published a final rule on January 5, 1995 (60 FR 1896) for the
``Consolidated Submission for Community Planning and Development
Programs'' that consolidated and streamlined the planning, application,
and reporting requirements for HUD's Community Development Block Grant
(CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships
(HOME), and Housing Opportunities for Persons with AIDS (HOPWA) formula
programs into a consolidated planning document (consolidated plan) and
a consolidated annual performance report. The final rule for the PHA
Plan, published in the Federal Register on October 21, 1999 (64 FR
56844), established the procedures and requirements for the submission
of PHA Plans that provide a mechanism for defining long-term and short-
term needs and strategies. Both the consolidated plan and the PHA Plan
resulted from an extensive consultation process that involved numerous
stakeholders representing the interests of state and local governments
and low-income persons.
In Fiscal Year (FY) 2002, the President's Management Agenda
directed HUD to work with local stakeholders to streamline the
consolidated plan, making it more results-oriented and useful to
communities in assessing their own progress toward addressing the
problems of low-income areas. To launch this activity, several HUD
Office of Community Planning and Development (CPD) Field Offices held
focus group sessions with grantees and other stakeholders in February
2002, to discuss ways to streamline the consolidated plan and improve
performance measurement. On March 14, 2002, CPD convened a national
planning meeting to introduce the concept of the Consolidated Plan
Improvement Initiative to a national audience that included public
interest groups, grantees, other stakeholders, along with staff from
HUD headquarters and field offices, and the Office of Management and
Budget (OMB).
At a meeting of these stakeholders, participants agreed that
addressing the issues of streamlining and performance measurement would
be best served by small working groups that represent the full range of
people involved in and affected by the consolidated plan, including
grantee practitioners, public interest groups, HUD staff, and other
stakeholders. Six working groups were identified to assess alternative
planning requirements, examine and suggest performance measures, and
identify communities that would be willing to test pilots of
alternative planning procedures. Alternative planning procedures were
tested by representatives of state and local governments that
participated in eight pilots. A steering committee coordinated the work
of the six working groups and reviewed ideas under consideration to
make the consolidated plan more useful and results oriented.
One pilot looked at streamlining the plan by referencing existing
documents to avoid requiring redundant information. Another pilot
evaluated alternative means of satisfying non-housing community
development plan requirements. A third pilot addressed alternative
formats for submission of consolidated plans, action plans, and
performance reporting. The fourth pilot explored ways to enhance the
citizen participation process. The fifth pilot involved development and
use of templates. The sixth pilot involved coordination of consolidated
plan and public housing agency plan. The seventh pilot explored the
development and review of tools to submit consolidated plans, track
results, and report performance. The eighth pilot documented useful
practices for streamlining and performance measurement. An analysis of
these pilots helped HUD determine how the consolidated planning process
and regulatory requirements might be made more streamlined, results-
oriented, and ultimately more useful to communities in addressing the
needs of their low-income residents and areas.
II. This Proposed Rule
This proposed rule resulted from an extensive consultation process
that involved stakeholders representing the interests of state and
local governments and low-income persons. The Department carefully
considered ideas generated by several working groups that were
established to explore alternative planning requirements and
suggestions for improving the consolidated plan. Representatives from
[[Page 78831]]
the following national groups participated in the process: Council of
State Community Development Agencies, National Community Development
Association, National Association for County, Community and Economic
Development, National Association of Housing and Redevelopment
Officials, and National Low Income Housing Coalition.
The proposed rule builds on the existing framework that established
the consolidated plan as a collaborative process whereby a community
establishes a unified plan of community development actions. That
framework gave states and local governments the flexibility to use
existing plans and strategies to help citizens understand the
jurisdiction's priority needs, and assess the jurisdiction's progress
toward meeting identified goals and objectives through measurable
indicators.
This rule also conforms the consolidated plan regulations to
sections 568 and 583 of the Quality Housing and Work Responsibility Act
of 1998 (Pub. L. 105-276, 112 Stat. 2461, approved October 21, 1998,
codified at 42 U.S.C. 12705) that required state or local consolidated
plans to describe the manner that the jurisdiction will help address
the needs of public housing, and that a consolidated plan from a state
or unit of general local government in which any troubled PHA is
located must include a description of the manner in which the state or
unit of local government will provide financial or other assistance to
remove the PHA's troubled designation. This rule also makes certain
other conforming amendments and clarification changes.
A. Concise, Action-Oriented Management Tool
The general view of the groups participating in the Consolidated
Plan Improvement Initiative was that the consolidated plan should be a
concise, action-oriented management tool that would be more
understandable to the public and more useful to decision makers in the
community. This view is consistent with ideas expressed in the
conference report accompanying the Cranston-Gonzalez National
Affordable Housing Act that stated that the (housing) strategies ``will
serve not only as effective monitoring tools for the Department, but
also as concise, useful, action-oriented management tools for States
and local governments.'' (H.R. Conf. Rep. 101-943, October 25, 1990).
In accordance with this view, Sec. 91.200 (b); Sec. 91.205(a), (b),
(c); Sec. 91.215 (d), (e), (h), (i), (j); Sec. 91.220(b)(1); Sec.
91.300(b); Sec. 91.305(a), (b), (c); Sec. 91.315(d), (e), (h), (i),
(j); and Sec. 91.320(b)(1) are modified to emphasize the format of the
descriptions should be a concise summary, not a detailed narrative. In
addition, Sec. 91.1(b)(4) is amended to read the consolidated plan
serves as ``a management tool for assessing performance and tracking
results.''
B. Citizen Participation
HUD regulations that concern citizen participation would be amended
at Sec. 91.1 to include citizens, organizations, businesses, and other
stakeholders among those that should be involved in the citizen
participation process and at Sec. Sec. 91.105 and 91.115 to encourage
the participation of local and regional institutions and other
organizations (including businesses, developers, community and faith-
based organizations) in the process of developing and implementing the
consolidated plan. Jurisdictions would be encouraged to explore
alternative public involvement techniques (such as focus groups and the
use of the Internet) and quantitative ways to measure efforts that
encourage citizen participation in a shared vision for change in
communities and neighborhoods, and the review of program performance.
HUD also invites comment on whether an executive summary would be a
useful tool for citizens as well as jurisdictions. For example, the
format of the executive summary could include two items: (1) A list of
the significant short and long-term performance goals (for grantee
activities and the communities/neighborhoods assisted); and (2) the
major activities and projects grantees plan to fund to achieve those
goals. HUD is particularly interested in comments on what specific
information should be included in an executive summary and whether the
benefit of an executive summary would outweigh the burden.
C. Clarification of Chronic Homelessness
HUD's regulations that concern the homeless are amended to include
and emphasize the needs of unaccompanied homeless individuals with a
disabling condition who have been continuously homeless for a year or
more or have had at least four episodes of homelessness in the past
three years. The rule would amend Sec. 91.5 to include a definition of
a chronically homeless person. This definition is consistent with the
January 23, 2003 Notice of Funding Availability (NOFA) for the
Collaborative Initiative to Help End Chronic Homelessness (68 FR 4018).
In addition, clarifications are made at Sec. Sec. 91.100(a)(2) and
91.110 that indicate the jurisdiction shall consult with other public
and private agencies that provide assisted housing, health services,
and social services to determine what resources are available to
address the needs of any persons that are chronically homeless.
Clarifying changes are made at Sec. 91.210 and Sec. 91.310 to include
persons that are chronically homeless in the 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. A clarifying amendment is
made to the regulations that govern the strategic plan at Sec.
91.215(c) and Sec. 91.315(c) to include the chronically homeless in a
jurisdiction's efforts to address homelessness. The regulations that
govern the action plan are also amended at Sec. 91.220(g) and Sec.
91.320(g) to include specific action steps to end chronic homelessness.
These changes are designed to bring the consolidated plan more in line
with the Administration's goal of ending chronic homelessness by 2012.
D. Removal of Barriers to Affordable Housing
HUD regulations that concern barriers to affordable housing would
contain clarifying amendments at Sec. Sec. 91.220 and 91.320, adding a
new paragraph (h) that requires each jurisdiction to describe specific
actions it plans to take during the next year to address the public
policies, procedures, and processes of the jurisdiction that impact the
cost of developing, maintaining, or improving affordable housing.
Addressing regulatory barriers to affordable housing is a component of
a housing strategy. Barrier removal will not only make it easier to
find and get approval for affordable housing sites but it will also
allow available subsidies to go further in meeting local housing needs.
The removal of regulatory barriers to affordable housing has also
become a top Administration priority. HUD Form HUD-27300, used for
competitive grants, can serve as a useful guidance document in
assisting jurisdictions identify the specific policies, procedures or
process that impact the cost of developing, maintaining or improving
affordable housing.
E. Clarifications of Strategic Plan Provisions
A change is made to Sec. Sec. 91.215(a)(4) and (a)(5) and
91.315(a)(4) to make the sections clearer that the summary of specific
objectives must identify proposed accomplishments the jurisdiction
hopes to achieve in quantitative terms over a specified time period
(e.g., one, two, three or more
[[Page 78832]]
years), or in other measurable terms as identified by the jurisdiction.
The strategic plan must also describe how funds expected to be
available will be used to address identified needs. HUD is adding a new
Sec. 91.215(a)(6) and Sec. 91.315(a)(6) to encourage grantees to
include outcomes in the strategic plan. Similar clarifying change are
made to Sec. Sec. 91.215(b)(2), (b)(3) and 91.315(b)(2) and (b)(3) to
clarify that specific housing objectives must identify the number of
extremely low-income, low-income, and moderate-income families to whom
the jurisdiction will provide affordable housing as defined in 24 CFR
92.252 for rental housing and 24 CFR 92.254 for homeownership over a
specific time period. The affordable housing section must describe how
the characteristics of the housing market will influence the use of
funds made available for rental assistance, production of new units,
rehabilitation of existing units, or acquisition of existing units. In
addition, Sec. Sec. 91.215(b)(2), 91.215(d), 91.315(b)(2), and
91.315(d) would be amended to indicate if a jurisdiction plans to use
HOME funds for tenant-based assistance, it must specify local market
conditions that lead to the choice of this option.
Priorities and Priority Needs
HUD invites comment on whether assigning ``priority'' needs,
especially the assigning ``relative'' allocation priorities of ``High''
``Medium'' and ``Low'' pursuant to Sec. Sec. 91.215(a)(1) and (2) is
useful. For housing, a ``High'' priority means activities to address
the unmet need ``will be funded'' with federal funds. A ``Medium''
priority means activities to address the unmet need ``may be funded''
with federal funds, if available. A ``Low'' priority means the
jurisdiction ``will not fund'' activities to address the unmet need,
but will consider certifications of consistency for other entities'
applications for federal assistance. HUD would welcome suggestion on
alternatives for indicating general priorities for allocating
investment. Section 105(b)(7) of the Cranston-Gonzalez National
Affordable Housing Act requires the jurisdiction to indicate the
general priorities for allocating investment among different activities
and housing needs. Section 105(b)(8) requires the jurisdiction describe
the reasons for allocation priorities. Sec. Sec. 91.215(a)(1) and (2)
are amended to more closely conform with the language in the statute.
The proposed rule also contains a change to Sec. 91.215(e)(1) that
eliminates the provision dealing with ``dollars to address'' in the
priority community development needs table that some jurisdictions do
not find useful and adds a requirement that the plan include an
estimate of the number of abandoned buildings, using the locality's
definition.
Clarifying changes are made to Sec. Sec. 91.215(e)(2) and
91.315(e)(2) requiring that neighborhood revitalization strategies
identify long-term and short-term objectives (e.g., physical
improvements, social initiatives and economic empowerment), in terms of
measures of outputs and outcomes expected to be achieved in the area
through the use of HUD programs. These changes will make the
consolidated plan more results or outcome oriented.
A clarification would be made to Sec. 91.215(h) indicating
jurisdictions may include policies for providing training and
employment opportunities to residents under section 3 of the Housing
and Urban Development Act of 1968 (12 U.S.C. 1701u) and 24 CFR part
135.
F. Action Plan
A clarification is made at Sec. 91.220(b) indicating federal
resources include Section 8 funds made available to the jurisdiction
and competitive McKinney-Vento Homeless Assistance Act funds. A
clarification is also made at Sec. 91.220(g) that CDBG funds includes
proceeds from Section 108 loan guarantees.
This proposed rule would add the following requirements to the
action plan. The first change would add a new provision at Sec.
91.220(b)(3) and Sec. 91.320(b)(3) that would require a jurisdiction
to include a summary of the annual objectives the jurisdiction expects
to achieve during the forthcoming program year.
The second change would add a new provision at Sec. 91.220(d) and
Sec. 91.320(d) to require a jurisdiction to measure outcomes for some
of the proposed activities that are included in its action plan. These
may include specific outcome measures to be issued in future HUD
guidance so that the outcomes can be aggregated on a national basis, as
well as locally identified outcomes to meet local needs. Outcomes are
defined as benefits that result from a program that typically relate to
a change in conditions, status, attitudes, skills, knowledge, or
behavior. Common outcomes could include measures of improved quality of
life for program beneficiaries, improved quality of program assisted
local housing stock, or revitalization of a neighborhood. HUD plans to
develop outcome measures in consultation with grantees and public
interest groups, as well as specific comments that are made in response
to this proposed rule. The Department is participating in an effort
with the Council of State Community Development Agencies, the National
Association for County, Community, and Economic Development, and the
National Community Development Association to develop workable outcome
measures that will be acceptable to the Department and its grantees.
The third change would add a provision at Sec. 91.220(e) that
would require the jurisdiction to estimate the percentage of funds the
jurisdiction plans to dedicate to target areas. Target areas might
include areas such as neighborhood revitalization strategy areas,
neighborhood improvement areas, or other low- and moderate-income
service areas in which block grant assistance activities are being
carried out in a concentrated manner.
The fourth change would add specific provisions at a new Sec.
91.220(f) and Sec. 91.320(f) to require the jurisdiction to specify
one-year goals for the number of homeless, non-homeless, and special
needs families to be provided affordable housing through activities
that provide rental assistance, production of new units, rehabilitation
of existing units, or acquisition of existing units using funds made
available to the jurisdiction. This change will make the annual action
plan submission more results oriented and focus more attention on how
formula grant funds are used to provide affordable housing.
The fifth change would add a new Sec. 91.220(j)(1)(iv) to require
CDBG grantees to identify the estimated amount of CDBG funds that will
benefit persons of low- and moderate-income. The sixth change would add
a new Sec. 91.220(j)(3) to require HOPWA grantees to specify one-year
goals for the number of households to be provided with housing through
the use of HOPWA funds for activities that provide short-term rent,
mortgage and utility assistance payments to prevent homelessness of the
individual or family; tenant-based rental assistance; and units
provided in housing facilities that are being developed, leased or
operated with HOPWA funds.
Finally, changes at Sec. Sec. 91.220(k) and 91.320(k) would
require a concise summary of the citizen participation and consultation
process (including efforts to broaden public participation), a summary
of comments or views received, and a summary of comments or views not
accepted and a rationale for not accepting the comments.
[[Page 78833]]
G. Submission Requirements
Changes are made to Sec. 91.15(b)(1) to clarify that a summary of
the citizen participation and consultation process must be submitted on
an annual basis together with the action plan and certifications.
Clarifying changes are made to Sec. 91.15(b)(2) indicating the
housing and homeless needs assessment, housing market analysis, and
strategic plan sections must be submitted at least once every five
years, or at such time as jointly agreed upon by HUD and the
jurisdiction. This will allow jurisdictions the flexibility to submit
and update plans in a manner that facilitates orderly program
management. A new provision at Sec. 91.15(b)(3) would allow
jurisdictions to make amendments that extend the time period covered by
their plan if agreed upon by HUD. This provision would be used to
coordinate consolidated plans with the time periods used for
cooperation agreements, other local plans, or the availability of data.
H. Exceptions
A clarifying change is made to the exceptions at Sec. 91.20 to
remove an obsolete requirement that applied only for FY 1995 and to
indicate that exceptions may be granted from submission deadlines for
consolidated plans and performance reports required under Sec. Sec.
91.15 and 91.520. Only the last exception (i.e. from the implementation
guidelines) is modified to the extent the requirement is not required
by statute or regulation.
I. Public and Assisted Housing
This proposed rule would make a number of additional conforming and
clarifying changes to part 91. The conforming changes would add the
provisions at Sec. 91.2 that would require the PHA Plan (24 CFR part
903) to include a certification of consistency with the applicable
consolidated plan by the appropriate state or local official and a
description of the manner in which the applicable contents of the PHA
Plan are consistent with the consolidated plan. Conforming changes are
made to Sec. Sec. 91.100(c), 91.105, and 91.210 to remove reference to
the Comprehensive Grant Program and substitute references to the PHA
Plan. The housing needs section at Sec. 91.205 is revised to include
the needs of public housing residents and families on the public
housing and section 8 tenant-based waiting list among those considered
in estimating the housing needs of the jurisdiction. The housing market
analysis section at Sec. 91.210 is also revised to include the
expiration of Section 8 contracts as an example of affordable housing
expected to be lost from the assisted housing inventory.
Redundant and obsolete provisions dealing with organizational
relationships between the jurisdiction and PHA, including the
appointing authority for the commissioners or board of the housing
agency; relationships regarding hiring, contracting and procurement;
provision of services funded by the jurisdiction; and review by the
jurisdiction of proposed development sites, of the comprehensive plan
of the public housing agency, and of any proposed demolition or
disposition of public housing developments are removed at Sec. 91.215
(i)(2) since this information is available in the PHA Plan.
This rule amends Sec. Sec. 91.215(k) and 91.315(l), to include the
requirements of sections 568 and 583 of the Quality Housing and Work
Responsibility Act of 1998 (42 U.S.C. Sec. 12705). The strategic plan
of a jurisdiction must describe the manner in which the jurisdiction
will address the needs of public housing and the financial or other
assistance the jurisdiction will provide to improve the operations of a
public housing agency designated as ``troubled'' in order to remove
such designation. However, this rule does not require a State to
describe the manner in which financial or other assistance is provided
to a troubled public housing agency if that agency is located entirely
within the boundaries of a unit of local government that must submit a
housing strategy to HUD. Corresponding changes are made at Sec.
91.220(f) and Sec. 91.320(f). This rule would also include among the
needs of public housing, the need to increase the number of accessible
units required by section 504 voluntary compliance agreements.
In addition, this rule also adds a conforming change at Sec.
91.500(b)(4) that would provide that the failure to include a
description of the manner in which a jurisdiction will provide
financial or other assistance to remove a PHA's troubled designation
may cause HUD to disapprove a plan or determine that it is
substantially incomplete.
J. State Method of Distribution
This proposed rule would amend Sec. 91.320(g) to resolve some
apparent confusion that states and state grantees have regarding the
Method of Distribution requirements. In meetings with states and state
organizations, as well as from monitoring visits, it has become clear
that many states are not aware that the entire rating and ranking
process needed to be transparent. This proposed rule clarifies that the
state must document how it selected state CDBG applications for funding
so that it can be easily reviewed by citizens, HUD staff, and the
Inspector General. The revised rule indicates the Method of
Distribution, the application manual, or other generally available
state publication that is referenced in the Method of Distribution,
must contain a description of all of the rating and ranking criteria
that is used to select applications from local governments for funding.
If the description of the rating and ranking criteria is published in a
document other than the Method of Distribution, the Method of
Distribution must include a listing of all of the state's selection
criteria. This includes any criteria that might be used by a state's
senior management that affect final funding selection decisions. HUD's
purpose is to ensure full disclosure to units of general local
government and citizens of all criteria affecting how funding decisions
are to be made and not to dictate how a state selects its grantees. The
process should be transparent so that potential applicants will have a
clear indication of what they have to do to prepare a successful
application.
The proposed rule also makes clear that HUD's approval of the
consolidated plan does not necessarily confer approval of a state's
actual implementation of its Method of Distribution, or compliance with
the requirements of Section 91.320(g)(1)(i) as HUD may determine in a
subsequent monitoring or audit of the state's Method of Distribution.
HUD specifically welcomes comments on this rule from states, units
of general local government participating in the State Community
Development Block Grant Program, and citizens affected by the State
CDBG program.
III. Findings and Certifications
Justification for 30-Day Comment Period
In general, HUD publishes a proposed rule for a 60-day public
comment period on all proposed rules, however, HUD is reducing its
usual 60-day public comment period to 30 days for this proposed rule.
The Department developed these clarifying changes in response to
suggestions by affected parties and after extensive consultation with
interested stakeholders representing the interests of state and local
governments and low-income persons. In addition, many jurisdictions are
in the process of preparing their consolidated plans for FY2005 and
publication of an updated rule that would guide the development of
their
[[Page 78834]]
plans. Therefore, HUD is publishing this proposed rule with a 30-day
public comment period because the rule makes clarifying and conforming
changes to a regulation to make it more internally consistent and to
conform to recent statutory changes. HUD welcomes comments on the rule,
and these comments will be taken into consideration in developing the
final rule.
Paperwork Reduction Act
The proposed new information collection requirements contained in
Sec. Sec. 91.15, 91.215, 91.220, 91.315, 91.320, and 91.520 have been
submitted to the Office of Management and Budget (OMB) for review under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Under this
Act, an agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection
displays a valid control number. The current information collection
requirements for the consolidated plan at 24 CFR part 91 have been
approved by the Office of Management and Budget under OMB Approval No.
2506-0117.
Information on the estimated public reporting burden is provided in
the following table:
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Number of Frequency of
Information collection, 24 CFR part 91 respondents response Burden hours Total hours
----------------------------------------------------------------------------------------------------------------
Consolidated Plan
Localities
Strategic Plan 1,000 1 220 220,000
Development Sec. 91.215).....
Action Plan Development 1,000 1 112 112,000
(Sec. 91.220)................
States
Strategic Plan 50 1 604 30,200
Development (Sec. 91.315)....
Action Plan Development 50 1 374 18,700
(Sec. 91.320)................
Performance Report (Sec. Sec. 91.15,
91,520)
Localities............. 1,000 1 162 162,000
States................. 50 1 252 12,600
*Abbreviated Strategy........... 100 ................ ................ 8,200
-------------------
Total Burden................ ................ ................ ................ 563,700
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*Respondents that submit abbreviated plans are those local governments that are required by statute to submit an
abbreviated plan because they receive direct funds from HUD and are not formula grantees. For example, local
governments that are recipients of lead based paint grants.
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning the
proposed collection of information to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Interested persons are invited to submit comments regarding the
information collection requirements in this proposal. Under the
provisions of 5 CFR 1320, OMB is required to make a decision concerning
this collection of information between 30 and 60 days after today's
publication date. Therefore, any comment on the information collection
requirements is best assured of having its full effect if OMB receives
the comment within 30 days of today's publication. This time frame does
not affect the deadline for comments to the agency on the proposed
rule, however. Comments must refer to the proposal by name and docket
number (FR-4923-P-01) and must be sent to:
Mark D. Menchik, HUD Desk Officer, Office of Management and Budget, New
Executive Office Building, Washington, DC 20503, Mark--D.
Menchik@omb.eop.gov;
and
Shelia Jones, Reports Liaison Officer, Office of the Assistant
Secretary for Community Planning and Development, Department of Housing
and Urban Development, 451 7th Street, SW., Room 7232, Washington, DC
20410.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which 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 weekdays between the hours of 8 a.m.
and 5 p.m. in the Office of the Rules Docket Clerk, Office of General
Counsel, Room 10276, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410-0500.
Impact on Small Entities
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.),
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
There are no anti-competitive discriminatory aspects of the rule with
regard to small entities and there are not any unusual procedures that
need to be complied with by small entities. Accordingly, the
undersigned certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Notwithstanding HUD's determination that this rule will not have a
significant economic impact on a substantial number of small entities,
HUD specifically invites comments regarding less burdensome
alternatives to this rule that will meet HUD's objectives as described
in this preamble.
Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism,'' prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the executive order. This proposed rule does not have
federalism implications and does not impose substantial direct
compliance costs on
[[Page 78835]]
state and local governments or preempt state law within the meaning of
the executive order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and on the private sector. This proposed rule does not
impose a federal mandate on any state, local, or tribal government, or
on the private sector, within the meaning of the Unfunded Mandates
Reform Act of 1995.
Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this rule under
Executive Order 12866, entitled ``Regulatory Planning and Review.'' OMB
determined that this rule is a ``significant regulatory action'' as
defined in section 3(f) of the order (although not an economically
significant regulatory action under the order). Any changes made to the
rule as a result of that review are identified in the docket file,
which is available for public inspection in the office of the
Department's Rules Docket Clerk, Office of General Counsel, Room 10276,
451 Seventh Street, SW., Washington, DC 20410-0500.
Catalog of Federal Domestic Assistance
The applicable Catalog of Federal Domestic Assistance (CFDA)
program number is 14.218.
List of Subjects in 24 CFR Part 91
Aged, Grant programs-housing and community development, Homeless,
Individuals with disabilities, Low- and moderate-income housing,
Reporting and recordkeeping requirements.
Accordingly, for the reasons stated in the preamble, HUD proposes
to amend 24 CFR part 91 as follows:
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
1. The authority citation for part 91 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
2. In Sec. 91.1, revise paragraph (b) to read as follows:
Sec. 91.1 Purpose.
* * * * *
(b) Functions of plan. The consolidated plan serves the following
functions:
(1) A planning document for the jurisdiction, which builds on a
participatory process among citizens, organizations, businesses, and
other stakeholders;
(2) An application for federal funds under HUD's formula grant
programs for jurisdictions;
(3) A strategy to be followed in carrying out HUD programs; and
(4) A management tool for assessing performance and tracking
results.
3. Add Sec. 91.2(d) to read as follows:
Sec. 91.2 Applicability.
* * * * *
(d) The Public Housing Agency Plan submission (PHA Plan) (see 24
CFR part 903) includes a certification by the appropriate state or
local official that the PHA Plan is consistent with the applicable
consolidated plan for the jurisdiction in which the public housing
agency is located and must describe the manner in which the applicable
contents of the PHA Plan are consistent with the consolidated plan.
4. Amend Sec. 91.5 by adding alphabetically definitions for
``chronically homeless person'' and ``disabling condition'' to read as
follows:
Sec. 91.5 Definitions.
* * * * *
Chronically homeless person. An unaccompanied homeless individual
with a disabling condition who has either been continuously homeless
for a year or more or has had at least four episodes of homelessness in
the past three years. To be considered chronically homeless, a person
must have been sleeping in a place not meant for human habitation (e.g.
living on the streets) and/or in an emergency shelter during that time.
* * * * *
Disabling condition. For the purposes of chronic homelessness, a
disabling condition is a diagnosable substance use disorder, serious
mental illness, developmental disability, or chronic physical illness
or disability, including the co-occurrence of two or more of these
conditions. A disabling condition limits an individual's ability to
work or perform one or more activities of daily living.
* * * * *
5. Revise Sec. 91.15 to read as follows:
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. 92.104 of this subtitle 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.
(3) A jurisdiction may have a program year that coincides with the
Federal fiscal year (e.g., October 1, 2003 through September 30, 2004
for Federal fiscal year 2004 funds). However, the consolidated plan may
not be submitted earlier than November 15 of the Federal fiscal year
and HUD has the period specified in Sec. 91.500 to review the
consolidated plan.
(4) See Sec. 91.20 for HUD field office authorization to grant
exceptions to these provisions.
(b) Frequency of submission. (1) The summary of the citizen
participation and consultation process, the action plan, and the
certifications must be submitted on an annual basis.
(2) The housing, and homeless needs assessment, market analysis,
and strategic plan must be submitted at least once every five years, or
at such time agreed upon by HUD and the jurisdiction in order to
facilitate orderly program management, coordinate consolidated plans
with time periods used for cooperation agreements, other plans, or the
availability of data.
(3) A jurisdiction may make amendments that extend the time period
covered by their plan if agreed upon by HUD.
6. Revise Sec. 91.20 to read as follows:
Sec. 91.20 Exceptions.
The HUD Field Office may grant a jurisdiction an exception from the
submission deadline for plans and reports and from a requirement in the
implementation guidelines for good cause, as determined by the field
office and reported in writing to HUD Headquarters unless the
requirement is required by statute or regulation.
7. In Sec. 91.100, revise paragraphs (a) and (c) to read as
follows:
Sec. 91.100 Consultation: local governments.
(a) General. (1) When preparing the consolidated plan, the
jurisdiction shall consult with other public and private
[[Page 78836]]
agencies that provide assisted housing, health services, and social
services (including those focusing on services to children, elderly
persons, persons with disabilities, persons with HIV/AIDS and their
families, homeless persons) during preparation of the consolidated
plan.
(2) When preparing the portion of the consolidated plan describing
the jurisdiction's homeless strategy, the jurisdiction shall consult
with public and private agencies that provide assisted housing, health
services, and social services to determine what resources are available
to address the needs of any persons that are chronically homeless.
(3) When preparing the portion of its consolidated plan concerning
lead-based paint hazards, the jurisdiction shall consult with State or
local health and child welfare agencies and examine existing data
related to lead-based paint hazards and poisonings, including health
department data on the addresses of housing units in which children
have been identified as lead poisoned.
(4) When preparing the description of priority nonhousing community
development needs, a unit of general local government must notify
adjacent units of general local government, to the extent practicable.
The nonhousing community development plan must be submitted to the
state, and, if the jurisdiction is a CDBG entitlement grantee other
than an urban county, to the county.
(5) The jurisdiction also should consult with adjacent units of
general local government, including local government agencies with
metropolitan-wide planning responsibilities, particularly for problems
and solutions that go beyond a single jurisdiction.
* * * * *
(c) Public housing. The jurisdiction shall consult with the local
public housing agency (PHA) concerning consideration of public housing
needs and planned programs and activities. This consultation will help
provide a better basis for the certification by the authorized official
that the PHA Plan is consistent with the consolidated plan and the
local government's description of the manner in which it will address
the needs of public housing and, where necessary, the manner in which
it will provide financial or other assistance to a troubled PHA to
improve its operations and remove such designation. It will also help
ensure that activities with regard to local drug elimination,
neighborhood improvement programs, and resident programs and services,
funded under a public housing agency's program and those funded under a
program covered by the consolidated plan are fully coordinated to
achieve comprehensive community development goals.
8. In Sec. 91.105, paragraph (a)(2)(ii) is revised and paragraph
(a)(2)(iii) is revised to read as follows:
Sec. 91.105 Citizen participation plan; local governments.
(a) * * *
(2) * * *
(ii) These requirements are designed especially to encourage
participation by low- and moderate-income persons, particularly those
living in slum and blighted areas and in areas where CDBG funds are
proposed to be used, and by residents of predominantly low- and
moderate-income neighborhoods, as defined by the jurisdiction. A
jurisdiction also is 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
disabilities. The jurisdiction shall encourage the participation of
local and regional institutions and other organizations (including
businesses, developers, community and faith-based organizations) in the
process of developing and implementing the consolidated plan. The
jurisdiction should also explore alternative public involvement
techniques and quantitative ways to measure efforts that encourage
citizen participation in a shared vision for change in communities and
neighborhoods, and the review of program performance, for example, use
of focus groups, use of Internet, etc.
(iii) The jurisdiction shall encourage, in conjunction with
consultation with public housing agencies, 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 public housing agency about consolidated
plan activities related to its developments and surrounding communities
so that the public housing agency can make this information available
at the annual public hearing required for the PHA Plan.
* * * * *
9. Revise Sec. 91.110 to read as follows:
Sec. 91.110 Consultation; States.
When preparing the consolidated plan, the State shall consult with
other public and private agencies that provide assisted housing
(including any State housing agency administering public housing),
health services, and social services (including those focusing on
services to children, elderly persons, persons with disabilities,
persons with HIV/AIDS and their families, homeless persons) during
preparation of the consolidated plan. When preparing the portion of the
consolidated plan describing the state's homeless strategy, the state
shall consult with public and private agencies that provide assisted
housing, health services, and social services to determine what
resources are available to address the needs of any persons that are
chronically homeless. When preparing the portion of its consolidated
plan concerning lead-based paint hazards, the State shall consult with
State or local health and child welfare agencies and examine existing
data related to lead-based paint hazards and poisonings, including
health department data on the addresses of housing units in which
children have been identified as lead poisoned. 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.
10. Revise Sec. 91.115(a)(2) to read as follows:
Sec. 91.115 Citizen participation plan; states.
(a) * * *
(2) Encouragement of citizen participation. The citizen
participation plan must provide for and encourage citizens to
participate in the development of the consolidated plan, any
substantial amendments to the consolidated plan, and the performance
report. These requirements are designed especially to encourage
participation by low- and moderate-income persons, particularly those
living in slum and blighted areas and in areas where CDBG funds are
proposed to be used and by residents of predominantly low- and
moderate-income neighborhoods. A State also is 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 disabilities. The State shall encourage the
participation of statewide and regional institutions and other
organizations (including businesses, developers, community and faith-
based organizations) in the process of developing and implementing the
consolidated plan. The state should also explore alternative public
involvement techniques that encourage a shared vision of change for the
community and
[[Page 78837]]
the review of program performance, for example, use of focus groups,
use of Internet.
* * * * *
11. Revise Sec. 91.200 to read as follows:
Sec. 91.200 General.
(a) A complete consolidated plan consists of the information
required in Sec. 91.205 through Sec. 91.230, submitted in accordance
with instructions prescribed by HUD (including tables and narratives),
or in such other format as jointly agreed upon by HUD and the
jurisdiction.
(b) The jurisdiction shall describe the lead agency or entity
responsible for overseeing the development of the plan and the
significant aspects of the process by which the consolidated plan was
developed, the identity of the agencies, groups, organizations, and
others who participated in the process, and a description of the
jurisdiction's consultations with social service agencies and other
entities. It also shall include a concise summary of the citizen
participation process, public comments, and efforts made to broaden
public participation in the development of the consolidated plan.
12. Revise Sec. 91.205(a), (b) and (c) to read as follows:
Sec. 91.205 Housing and homeless needs assessment.
(a) General. The consolidated plan must provide a concise summary
of the jurisdiction's estimated housing needs projected for the ensuing
five-year period. Housing data included in this portion of the plan
shall be based on U.S. Census data, as provided by HUD, 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 and other entities conducted in accordance
with Sec. 91.100 and the citizen participation process conducted in
accordance with Sec. 91.105. For a jurisdiction seeking funding on
behalf of an eligible metropolitan statistical area 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 eligible metropolitan statistical area.
(b) Categories of persons affected. (1) The plan shall estimate the
number and type of families in need of housing assistance for extremely
low-income, low-income, moderate-income, and middle-income families,
for renters and owners, for elderly persons, for single persons, for
large families, public housing residents, families on the public
housing and section 8 tenant-based waiting list, persons with HIV/AIDS
and their families, and for persons with disabilities. The description
of housing needs shall include a concise summary of the cost burden and
severe cost burden, overcrowding (especially for large families), and
substandard housing conditions being experienced by extremely low-
income, low-income, moderate-income, and middle-income renters and
owners compared to the jurisdiction as a whole. (The jurisdiction must
define in its consolidated plan the terms ``standard condition'' and
``substandard condition but suitable for rehabilitation.'')
(2) For any of the income 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 in a category of need is at least 10
percentage points higher than the percentage of persons in the category
as a whole.
(c) Homeless needs. The plan must provide a concise summary of the
nature and extent of homelessness (including rural homelessness),
addressing separately the need for facilities and services for homeless
individuals and homeless families with children, both sheltered and
unsheltered, and homeless subpopulations, in accordance with a table
prescribed by HUD. This description must include the characteristics
and needs of low-income individuals and families with children
(especially extremely low-income) who are currently housed but
threatened with homelessness. The plan also must contain a brief
narrative description of the nature and extent of homelessness by
racial and ethnic group, to the extent information is available.
* * * * *
13. In Sec. 91.210, paragraphs (b)(1), (b)(2), and (c) are revised
to read as follows:
Sec. 91.210 Housing market analysis.
* * * * *
(b) Public and assisted housing. (1) The plan must describe and
identify the public housing developments and 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 moderate-income families residing in
public housing. The consolidated plan must identify the public housing
developments in the jurisdictions that are participating in an approved
PHA Plan.
(2) The jurisdiction shall include a description of the number and
targeting (income level and type of family 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, for example, expiration of
Section 8 contracts.
(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, including any persons that
are chronically homeless.
* * * * *
14. In Sec. 91.215, revise paragraphs (a)(1) through (a)(6),
(b)(2), (b)(3), (c), (d), (e), (h), (i), (j) and (k) to read as
follows:
Sec. 91.215 Strategic plan.
(a) * * *
(1) Indicate the general priorities for allocating investment
geographically within the jurisdiction (or within the EMSA for the
HOPWA program) and among different activities and needs, as identified
in tables prescribed by HUD.
(2) Describe the reasons for assigning the priority (including the
relative priority, where required) given to each category of priority
needs;
(3) Identify any obstacles to meeting underserved needs;
(4) Summarize the priorities and specific objectives the
jurisdiction intends to initiate and/or complete during the time period
covered by the strategic plan. For each specific objective, identify
proposed accomplishments the jurisdiction hopes to achieve in
quantitative terms over a specified time period (e.g., one, two, three
or more years), or in other measurable terms as identified and defined
by the jurisdiction;
(5) Describe how funds that are reasonably expected to be available
will be used to address identified needs for the period covered by the
plan;
(6) Where known, grantees should include proposed outcomes measures
for some of the proposed accomplishments listed in paragraph
[[Page 78838]]
(a)(4) of this section in accordance with guidance to be issued by HUD.
(b) * * *
(2) The affordable housing section shall 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 existing units, or acquisition of existing units
(including preserving affordable housing units that may be lost from
the assisted housing inventory for any reason). If the jurisdiction
intends to use HOME funds for tenant-based assistance, it must specify
local market conditions that lead to the choice of this option.
(3) The affordable housing section shall include specific
objectives that describe proposed accomplishments the jurisdiction
hopes to achieve and must specify the number of extremely low-income,
low-income, and moderate-income families to whom the jurisdiction will
provide affordable housing as defined in 24 CFR 92.252 for rental
housing and 24 CFR 92.254 for homeownership over a specific time
period.
(c) Homelessness. With respect to homelessness, the consolidated
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 (especially any persons that are
chronically homeless) make the transition to permanent housing and
independent living.
(d) Other special needs. With respect to supportive needs of the
non-homeless, the consolidated plan must provide a concise summary of
the priority housing and supportive service needs of persons who are
not homeless but require supportive housing (i.e., elderly, frail
elderly, persons with disabilities (mental, physical, developmental),
persons with alcohol or other drug addiction, persons with HIV/AIDS and
their families, and public housing residents). If the jurisdiction
intends to use HOME funds for tenant-based assistance to assist one or
more of these subpopulations, it must specify local market conditions
that lead to the choice of this option.
(e) Nonhousing community development plan. (1) If the jurisdiction
seeks assistance under the Community Development Block Grant program,
the consolidated plan must provide a concise summary of the
jurisdiction's priority non-housing community development needs
eligible for assistance under HUD's community development programs by
CDBG eligibility category, in accordance with a table prescribed by
HUD. This community development component of the plan must state the
jurisdiction's specific long-term and short-term community development
objectives (including economic development activities that create
jobs), which must be developed in accordance with the primary objective
of the CDBG program to develop viable urban communities by providing
decent housing and a suitable living environment and expanding economic
opportunities, principally for low-income and moderate-income persons.
The plan shall also include an estimate of the number of abandoned
buildings, using the jurisdiction's definition.
(2) A jurisdiction that elects to carry out a neighborhood
revitalization strategy that includes the economic empowerment of low-
income residents with respect to one or more of its areas may submit
this strategy as part of its community development plan. The strategy
must identify long-term and short-term objectives (e.g., physical
improvements, social initiatives and economic empowerment), expressing
them in terms of measures of outputs and outcomes expected to be
achieved in the neighborhood through the use of HUD programs. If HUD
approves such a strategy, the jurisdiction can obtain greater
flexibility in the use of the CDBG funds in the revitalization area(s)
as described in 24 CFR part 570, subpart C.
* * * * *
(h) Anti-poverty strategy. The consolidated plan must provide a
concise summary of the jurisdiction's goals, programs, and policies for
reducing the number of poverty level families and how the
jurisdiction's goals, programs, and policies for producing and
preserving affordable housing, set forth in the housing component of
the consolidated plan, 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 poverty
level families, taking into consideration factors over which the
jurisdiction has control. These policies may include the jurisdiction's
policies for providing employment and training opportunities to section
3 residents pursuant to 24 CFR part 135.
(i) Institutional structure. (1) The consolidated plan must provide
a concise summary of the institutional structure, including private
industry, nonprofit organizations, community and faith-based
organizations, and public institutions, through which the jurisdiction
will carry out its housing, homeless, and community development plan,
assessing the strengths and gaps in that delivery system.
(2) The plan must provide a concise summary of what the
jurisdiction will do to overcome gaps in the institutional structure
for carrying out its strategy for addressing its priority needs.
(j) Coordination. The consolidated plan must provide a concise
summary of 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 preparation of its homeless strategy, the jurisdiction must
describe efforts in addressing the needs of persons that are
chronically homeless. 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 implementation of its consolidated plan.
(k) Public housing. The consolidated plan must describe the manner
in which the plan of the jurisdiction will address the needs of public
housing, including the need to increase the number of accessible units
where required by a section 504 voluntary compliance agreement. The
consolidated plan must also describe the jurisdiction's activities to
encourage public housing residents to become more involved in
management and participate in homeownership. If the public housing
agency is designated as ``troubled'' by HUD under 24 CFR part 902, the
jurisdiction must describe the manner in which it will provide
financial or other assistance to improve its operations and remove the
``troubled'' designation.
15. Revise Sec. 91.220 to read as follows:
Sec. 91.220 Action plan.
The action plan must include the following:
(a) Form application. Standard Form 424;
(b) Resources and objectives. (1) Federal resources. The
consolidated plan must provide a concise summary of the federal
resources (including grant funds and program income) expected to be
made available. Federal resources include Section 8 funds made
available to jurisdictions and competitive McKinney-Vento Homeless
Assistance Act funds.
[[Page 78839]]
(2) Other resources. The consolidated plan must indicate resources
from private and state and local 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 address the needs
identified in the plan;
(3) Annual objectives. The consolidated plan must contain a summary
of the annual objectives the jurisdiction expects to achieve during the
forthcoming program year.
(c) Activities to be undertaken. A description of the activities
the jurisdiction will undertake during the next year to address
priority needs and objectives. This description of activities shall
estimate the number and type of families that will benefit from the
proposed activities, the specific local objectives and priority needs
(identified in accordance with Sec. 91.215) that will be addressed by
the activities using formula grant funds and program income the
jurisdiction expects to receive during the program year, proposed
accomplishments, and a target date for completion of the activity. This
information is to be presented in the form of a table prescribed by
HUD;
(d) Outcome measures. Each jurisdiction must provide outcome
measures for activities included in its action plan in accordance with
guidance to be issued by HUD.
(e) Geographic distribution. A description of the geographic areas
of the jurisdiction (including areas of low-income and minority
concentration) in which it will direct assistance during the ensuing
program year, giving the rationale for the priorities for allocating
investment geographically. When appropriate, jurisdictions should
estimate the percentage of funds they plan to dedicate to target areas.
(f) Affordable housing. The jurisdiction must specify one-year
goals for the number of homeless, non-homeless, and special needs
households to be provided affordable housing through activities that
provide rental assistance, production of new units, rehabilitation of
existing units, or acquisition of existing units using funds made
available to the jurisdiction. The term affordable housing shall be as
defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254 for
homeownership.
(g) Homeless and other special needs activities. Activities it
plans to undertake during the next year to address emergency shelter
and transitional housing needs of homeless individuals and families
(including subpopulations), to prevent low-income individuals and
families with children (especially those with incomes below 30 percent
of median) from becoming homeless, to help homeless persons make the
transition to permanent housing and independent living, specific action
steps to end chronic homelessness, and to address the special needs of
persons who are not homeless identified in accordance with Sec.
91.215(d);
(h) Barriers to Affordable Housing. Actions it plans to take during
the next year to address public policies, procedures and processes of
the jurisdiction that impact the cost of developing, maintaining or
improving affordable housing. Such policies, procedures and processes
include but are not limited to: land use controls, tax policies
affecting land, zoning ordinances, building codes, fees and charges,
growth limitations and policies affecting the return on residential
investment.
(i) Other actions. (1) General. Actions it plans to take during the
next year to address obstacles to meeting underserved needs, foster and
maintain affordable housing, evaluate and reduce lead-based paint
hazards, reduce the number of poverty level families, develop
institutional structure, and enhance coordination between public and
private housing and social service agencies (see Sec. 91.215 (a), (b),
(g), (h), (i), and (j).
(2) Public housing. Actions it plans to take during the next year
to address the needs of public housing and actions to encourage public
housing residents to become more involved in management and participate
in homeownership. If the public housing agency is designated as
``troubled'' by HUD under part 902 of this title, the jurisdiction must
describe the manner in which it will provide financial or other
assistance to improve its operations and remove the ``troubled''
designation.
(j) Program-specific requirements--(1) CDBG. (i) A jurisdiction
must describe activities planned with respect to all CDBG funds
expected to be available during the program year (including program
income that will have been received before the start of the next
program year), except that an amount generally not to exceed ten
percent of such total available CDBG funds may be excluded from the
funds for which eligible activities are described if it has been
identified for the contingency of cost overruns.
(ii) CDBG funds expected to be available during the program year
includes the following:
(A) Any program income that will have been received before the
start of the next program year and that has not yet been programmed;
(B) Proceeds from Section 108 loan guarantees that will be used
during the year to address the priority needs and specific objectives
identified in its strategic plan;
(C) Surplus from urban renewal settlements;
(D) Grant funds returned to the line of credit for which the
planned use has not been included in a prior statement or plan; and
(E) Income from float-funded activities. The full amount of income
expected to be generated by a float-funded activity must be shown,
whether or not some or all of the income is expected to be received in
a future program year. To assure that citizens understand the risks
inherent in undertaking float-funded activities, the recipient must
specify the total amount of program income expected to be received and
the month(s) and year(s) that it expects the float-funded activity to
generate such program income.
(iii) An ``urgent needs'' activity (one that is expected to qualify
under Sec. 570.208(c) of this title) may be included only if the
jurisdiction identifies the activity in the action plan and certifies
that the activity is designed to meet other community development needs
having a particular urgency because existing conditions pose a serious
and immediate threat to the health or welfare of the community and
other financial resources are not available.
(iv) The plan shall identify the estimated amount of CDBG funds
that will be used for activities that benefit persons of low- and
moderate-income. The information about activities shall be in
sufficient detail, including location, to allow citizens to determine
the degree to which they are affected.
(2) HOME. (i) For HOME funds, a participating jurisdiction shall
describe other forms of investment that are not described in Sec.
92.205(b) of this title.
(ii) If the participating jurisdiction intends to use HOME funds
for homebuyers, it must state the guidelines for resale or recapture,
as required in Sec. 92.254 of this subtitle.
(iii) If the participating jurisdiction intends to use HOME funds
to refinance existing debt secured by multifamily housing that is being
rehabilitated with HOME funds, it must state its
[[Page 78840]]
refinancing guidelines required under 24 CFR 92.206(b). The guidelines
shall describe the conditions under which the participating
jurisdictions will refinance existing debt. At minimum, the guidelines
must:
(A) Demonstrate that rehabilitation is the primary eligible
activity and ensure that this requirement is met by establishing a
minimum level of rehabilitation per unit or a required ratio between
rehabilitation and refinancing.
(B) Require a review of management practices to demonstrate that
disinvestment in the property has not occurred; that the long term
needs of the project can be met; and that the feasibility of serving
the targeted population over an extended affordability period can be
demonstrated.
(C) State whether the new investment is being made to maintain
current affordable units, create additional affordable units, or both.
(D) Specify the required period of affordability, whether it is the
minimum 15 years or longer.
(E) Specify whether the investment of HOME funds may be
jurisdiction-wide or limited to a specific geographic area, such as a
neighborhood identified in a neighborhood revitalization strategy under
24 CFR 91.215(d)(2) or a Federally designated Empowerment Zone or
Enterprise Community.
(F) State that HOME funds cannot be used to refinance multifamily
loans made or insured by any Federal program, including CDBG.
(iv) If the participating jurisdiction will receive funding under
the American Dream Downpayment Initiative (ADDI) (see 24 CFR part 92,
subpart M), it must include:
(A) A description of the planned use of the ADDI funds;
(B) A plan for conducting targeted outreach to residents and
tenants of public and manufactured housing and to other families
assisted by public housing agencies, for the purposes of ensuring that
the ADDI funds are used to provide downpayment assistance for such
residents, tenants, and families; and
(C) A description of the actions to be taken to ensure the
suitability of families receiving ADDI funds to undertake and maintain
homeownership.
(3) HOPWA. For HOPWA funds, the jurisdiction must specify one-year
goals for the number of households to be provided housing through the
use of HOPWA activities for: short-term rent, mortgage and utility
assistance payments to prevent homelessness of the individual or
family; tenant-based rental assistance; and units provided in housing
facilities that are being developed, leased or operated with HOPWA
funds.
(k) A concise summary of the citizen participation and consultation
process (including efforts to broaden public participation) (24 CFR
91.200(b)), a summary of comments or views, and a summary of comments
or views not accepted and the reasons therefore. (24 CFR 91.105(b)(5))
16. Revise Sec. 91.300(b) to read as follows:
Sec. 91.300 General.
* * * * *
(b) The state shall describe the lead agency or entity responsible
for overseeing the development of the plan and the significant aspects
of the process by which the consolidated plan was developed, the
identity of the agencies, groups, organizations, and others who
participated in the process, and a description of the state's
consultations with social service agencies and other entities. It also
shall include a concise summary of the citizen participation process,
public comments, and efforts made to broaden public participation in
the development of the consolidated plan.
17. In Sec. 91.305, revise paragraphs (a), (b), and (c) to read as
follows:
Sec. 91.305 Housing and homeless needs assessment.
(a) General. The consolidated plan must provide a concise summary
of 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 U.S. Census data, as provided by HUD, 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 and other entities conducted in accordance
with Sec. 91.110 and the citizen participation process conducted in
accordance with Sec. 91.115. For a State 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 in
areas outside of eligible metropolitan statistical areas.
(b) Categories of persons affected. (1) The plan shall estimate the
number and type of families in need of housing assistance for extremely
low-income, low-income, moderate-income, and middle-income families,
for renters and owners, for elderly persons, for single persons, for
large families, for persons with HIV/AIDS and their families, and for
persons with disabilities. The description of housing needs shall
include a concise summary of the cost burden and severe cost burden,
overcrowding (especially for large families), and substandard housing
conditions being experienced by extremely low-income, low-income,
moderate-income, and middle-income renters and owners compared to the
state as a whole. (The state must define in its consolidated plan the
terms ``standard condition'' and ``substandard condition but suitable
for rehabilitation.'')
(2) For any of the income 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 in a category of need is at least 10
percentage points higher than the percentage of persons in the category
as a whole.
(c) Homeless needs. The plan must provide a concise summary of the
nature and extent of homelessness (including rural homelessness) within
the state, addressing separately the need for facilities and services
for homeless individuals and homeless families with children, both
sheltered and unsheltered, and homeless subpopulations, in accordance
with a table prescribed by HUD. This description must include the
characteristics and needs of low-income individuals and families with
children (especially extremely low-income) who are currently housed but
threatened with homelessness. The plan also must contain a brief
narrative description of the nature and extent of homelessness by
racial and ethnic group, to the extent information is available.
* * * * *
18. Revise Sec. 91.310(b) to read as follows:
Sec. 91.310 Housing market analysis.
* * * * *
(b) 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, including any persons that
are chronically homeless.
* * * * *
[[Page 78841]]
19. Revise Sec. 91.315(a)(4), (a)(6), (b)(2), (b)(3), (c), (d),
(e), (h), (i), (j), and (l) as follows:
Sec. 91.315 Strategic plan.
(a) * * *
(4) Summarize the priorities and specific objectives the State
intends to initiate and/or complete during the time period covered by
the strategic plan, describing how the proposed distribution of funds
will address identified needs. For each specific objective, identify
proposed accomplishments the state hopes to achieve in quantitative
terms over a specified time period (e.g., one, two, three or more
years), or in other measurable terms as identified and defined by the
jurisdiction;
* * * * *
(6) Where known, grantees should include proposed outcomes measures
for some of the proposed accomplishments listed in paragraph (a)(4) of
this section in accordance with guidance to be issued by HUD.
(b) * * *
(2) The affordable housing section shall 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 existing units, or acquisition of existing units
(including preserving affordable housing units that may be lost from
the assisted housing inventory for any reason). If the State intends to
use HOME funds for tenant-based assistance, it must specify local
market conditions that lead to the choice of this option.
(3) The affordable housing section shall include specific
objectives that describe proposed accomplishments the state hopes to
achieve and must specify the number of extremely low-income, low-
income, and moderate-income families to whom the jurisdiction will
provide affordable housing as defined in 24 CFR 92.252 for rental
housing and 24 CFR 92.254 for homeownership over a specific time
period.
(c) Homelessness. With respect to homelessness, the consolidated
plan must include the priority homeless needs table prescribed by HUD
and must describe the state'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 (especially any persons that are
chronically homeless) make the transition to permanent housing and
independent living.
(d) Other special needs. With respect to supportive needs of the
non-homeless, the consolidated plan must provide a concise summary of
the priority housing and supportive service needs of persons who are
not homeless but require supportive housing (i.e., elderly, frail
elderly, persons with disabilities (mental, physical, developmental),
persons with alcohol or other drug addiction, persons with HIV/AIDS and
their families, and public housing residents). If the State intends to
use HOME funds for tenant-based assistance to assist one or more of
these subpopulations, it must specify local market conditions that lead
to the choice of this option.
(e) Nonhousing community development plan. (1) If the State seeks
assistance under the CDBG Program, the consolidated plan must concisely
describe the State's priority nonhousing community development needs
that affect more than one unit of general local government. These
priority needs must be described by CDBG eligibility category,
reflecting the needs of persons or families for each type of activity.
This community development component of the plan must state the State's
specific long-term and short-term community development objectives
(including economic development activities that create jobs), which
must be developed in accordance with the primary objective of the CDBG
program to develop viable urban communities by providing decent housing
and a suitable living environment and expanding economic opportunities,
principally for low-income and moderate-income persons.
(2) A State may elect to allow units of general local government to
carry out a community revitalization strategy that includes the
economic empowerment of low income residents, in order to obtain the
additional flexibility available as provided in 24 CFR part 570,
subpart I. A State must approve a local government's revitalization
strategy before it may be implemented. If a State elects to allow
revitalization strategies in its program, the method of distribution
contained in a State's action plan pursuant to Sec. 91.320(j)(1) must
reflect the State's process and criteria for approving local
governments' revitalization strategies. The strategy must identify the
long-term and short-term objectives (e.g. physical improvements, social
initiatives and economic empowerment), expressing them in terms of
measures of outputs and outcomes expected to be achieved through the
use of HUD programs. The State's process and criteria are subject to
HUD approval.
* * * * *
(h) Anti-poverty strategy. The consolidated plan must provide a
concise summary of the state's goals, programs, and policies for
reducing the number of poverty level families and how the state's
goals, programs, and policies for producing and preserving affordable
housing, set forth in the housing component of the consolidated plan,
will be coordinated with other programs such as Temporary Aid for Needy
Families as well as employment and training programs and services for
which the state is responsible and the extent to which they will reduce
(or assist in reducing) the number of poverty level families, taking
into consideration factors over which the jurisdiction has control.
(i) Institutional structure. (1) The consolidated plan must provide
a concise summary of the institutional structure, including private
industry, nonprofit organizations, and public institutions, through
which the state will carry out its housing, homeless, and community
development plan, assessing the strengths and gaps in that delivery
system.
(2) The plan must provide a concise summary of what the state will
do to overcome gaps in the institutional structure for carrying out its
strategy for addressing its priority needs.
(j) Coordination. The consolidated plan must provide a concise
summary of 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
preparation of its homeless strategy, the state must describe efforts
in addressing the needs of persons that are chronically homeless. 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 implementation
of its consolidated plan.
* * * * *
(l) Public housing. With respect to public housing, the
consolidated plan must do the following:
(1) Resident initiatives. For a State that has a State housing
agency administering public housing funds, the consolidated plan must
describe the State's activities to encourage public housing residents
to become more involved in management and participate in homeownership;
(2) Public housing needs. The consolidated plan must describe the
[[Page 78842]]
manner in which the plan of the State will address the needs of public
housing; and
(3) Troubled public housing agencies. If a public housing agency
located within a State is designated as ``troubled'' by HUD under part
902 of this title, the strategy for the State or unit of local
government in which any troubled public housing agency is located must
describe the manner in which the State or unit of general local
government will provide financial or other assistance to improve the
public housing agency's operations and remove the ``troubled''
designation. A State is not required to describe the manner in which
financial or other assistance is provided if the troubled public
housing agency is located entirely within the boundaries of a unit of
general local government that must submit a consolidated plan to HUD.
20. Revise Sec. 91.320 to read as follows:
Sec. 91.320 Action plan.
The action plan must include the following:
(a) Form application. Standard Form 424;
(b) Resources and objectives. (1) Federal resources. The
consolidated plan must provide a concise summary of the Federal
resources expected to be made available. These resources include grant
funds and program income.
(2) Other resources. The consolidated 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 State that may be used to carry out the purposes
identified in the plan;
(3) Annual objectives. The consolidated plan must contain a summary
of the annual objectives the State expects to achieve during the
forthcoming program year.
(c) Activities. A description of the State's method for
distributing funds to local governments and nonprofit organizations 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 and how the proposed distribution of funds will address
the priority needs and specific objectives described in the
consolidated plan;
(d) Outcome measures. Each State must provide outcome measures for
activities included in its action plan in accordance with guidance to
be issued by HUD. For the Community Development Block Grant Program
this would include activities that are likely to be funded as a result
of the implementation of the State's Method of Distribution.
(e) Geographic distribution. A description of the geographic areas
of the State (including areas of low-income and minority concentration)
in which it will direct assistance during the ensuing program year,
giving the rationale for the priorities for allocating investment
geographically. When appropriate, the State should estimate the
percentage of funds they plan to dedicate to target area(s).
(f) Affordable housing goals. The state must specify one-year goals
for the number of homeless, non-homeless, and special needs households
to be provided affordable housing through activities that provide
rental assistance, production of new units, rehabilitation of existing
units, or acquisition of existing units using funds made available to
the state. The term affordable housing shall be as defined in 24 CFR
92.252 for rental housing and 24 CFR 92.254 for homeownership.
(g) Homeless and other special needs activities. Activities it
plans to undertake during the next year to address emergency shelter
and transitional housing needs of homeless individuals and families
(including subpopulations), to prevent low-income individuals and
families with children (especially those with incomes below 30 percent
of median) from becoming homeless, to help homeless persons make the
transition to permanent housing and independent living, specific action
steps to end chronic homelessness, and to address the special needs of
persons who are not homeless identified in accordance with Sec.
91.315(d);
(h) Barriers to Affordable Housing. Actions it plans to take during
the next year to address public policies, procedures, and processes of
the State that impact the cost of developing, maintaining, or improving
affordable housing. Such policies, procedures, and processes include
but are not limited to: land use controls, tax policies affecting land,
zoning ordinances, building codes, fees and charges, growth
limitations, and policies affecting the return on residential
investment.
(i) Other actions. Actions it plans to take during the next year to
implement its strategic plan and address obstacles to meeting
underserved needs, foster and maintain affordable housing (including
the coordination of Low-Income Housing Tax Credits with the development
of affordable housing), evaluate and reduce lead-based paint hazards,
reduce the number of poverty level families, develop institutional
structure, enhance coordination between public and private housing and
social service agencies, address the needs of public housing (including
providing financial or other assistance to troubled public housing
agencies), and encourage public housing residents to become more
involved in management and participate in homeownership.
(j) Program-specific requirements. In addition, the plan must
include the following specific information: (1) The method of
distribution shall contain a description of all criteria used to select
applications from local governments for funding, including the relative
importance of the criteria--if the relative importance has been
developed. 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 24 CFR part 570, subpart M,
it must describe available guarantee amounts and how applications will
be selected for assistance. If a State elects to allow units of general
local government to carry out community revitalization strategies, the
method of distribution shall reflect the State's process and criteria
for approving local governments' revitalization strategies. (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.)
(i) The method of distribution shall contain a description of all
criteria used to select applications from local governments for
funding. Notwithstanding, the method of distribution may provide a
summary of the selection criteria, (providing that all criteria are
listed) as long as the details are contained in application manuals or
other official state publications that are widely distributed to
potential applicants. 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
[[Page 78843]]
government in applying for guaranteed loan funds under 24 CFR part 570,
subpart M, it must describe available guarantee amounts and how
applications will be selected for assistance. If a State elects to
allow units of general local government to carry out community
revitalization strategies, the method of distribution shall reflect the
State's process and criteria for approving local government's
revitalization strategies. 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, understand on
what criteria and information their application will be judged, and be
able to prepare responsive applications. This means that all selection
criteria must be included in at least summary form, with the details
included in other application materials that are widely distributed to
potential applicants. If final funding decisions will be made by senior
management, the Method of Distribution must include the criteria that
senior management will use to make the decisions.
(ii) The State shall keep records to document its funding decision
reached under the Method of Distribution described in paragraph (i)
above so that they can be reviewed by HUD, the Inspector General, the
Government Accountability Office and citizens pursuant to the
requirements of Sec. 570.493(a).
(iii) Approval of the Consolidated Plan under Sec. 91.500 shall
not be deemed to indicate that the Method of Distribution is in
compliance with the requirements of paragraph (i) above, and HUD may
monitor the Method of Distribution as part of its review and audit as
provided in Sec. 570.493(a)(1).
(2) HOME. (i) The State shall describe other forms of investment
that are not described in Sec. 92.205(b) of this subtitle.
(ii) If the State intends to use HOME funds for homebuyers, it must
state the guidelines for resale or recapture, as required in Sec.
92.254 of this subtitle.
(iii) If the State intends to use HOME funds to refinance existing
debt secured by multifamily housing that is being rehabilitated with
HOME funds, it must state its refinancing guidelines required under 24
CFR 92.206(b). The guidelines shall describe the conditions under which
the State will refinance existing debt. At minimum, the guidelines
must:
(A) Demonstrate that rehabilitation is the primary eligible
activity and ensure that this requirement is met by establishing a
minimum level of rehabilitation per unit or a required ratio between
rehabilitation and refinancing.
(B) Require a review of management practices to demonstrate that
disinvestment in the property has not occurred; that the long term
needs of the project can be met; and that the feasibility of serving
the targeted population over an extended affordability period can be
demonstrated.
(C) State whether the new investment is being made to maintain
current affordable units, create additional affordable units or both.
(D) Specify the required period of affordability, whether it is the
minimum 15 years or longer.
(E) Specify whether the investment of HOME funds may be
jurisdiction-wide or limited to a specific geographic area, such as a
neighborhood identified in a neighborhood revitalization strategy under
24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or
Enterprise Community.
(F) State HOME funds cannot be used to refinance multifamily loans
made or insured by any Federal program, including CDBG.
(iv) If the state will receive funding under the American Dream
Downpayment Initiative (ADDI) (see 24 CFR part 92, subpart M), it must
include:
(A) A description of the planned use of the ADDI funds;
(B) A plan for conducting targeted outreach to residents and
tenants of public and manufactured housing and to other families
assisted by public housing agencies, for the purposes of ensuring that
the ADDI funds are used to provide downpayment assistance for such
residents, tenants, and families; and
(C) A description of the actions to be taken to ensure the
suitability of families receiving ADDI funds to undertake and maintain
homeownership, such as provision of housing counseling to homebuyers.
(3) ESG. The State shall state the process for awarding grants to
State recipients and a description of how the State intends to make its
allocation available to units of local government and nonprofit
organizations (including community and faith-based organizations).
(4) HOPWA. The State shall state the method of selecting project
sponsors (including community and faith-based organizations).
(k) A concise summary of the citizen participation and consultation
process (including efforts to broaden public participation) (24 CFR
91.200 (b)), a summary of comments or views, and a summary of comments
or views not accepted and the reasons therefore. (24 CFR 91.105
(b)(5)).
21. In Sec. 91.500, revise paragraph (b)(3) and add paragraph
(b)(4) to read as follows:
Sec. 91.500 HUD approval action.
* * * * *
(b) * * *
(3) A plan for which a certification is rejected by HUD as
inaccurate, after HUD has inspected the evidence and provided due
notice and opportunity to the jurisdiction for comment; and
(4) A plan that does not include a description of the manner in
which the unit of general local government will provide financial or
other assistance to a public housing agency if the public housing
agency is designated as ``troubled'' by HUD.
* * * * *
22. Revise Sec. 91.520 by adding paragraph (g) to read as follows:
Sec. 91.520 Performance reports.
* * * * *
(g) The report will include a comparison of the proposed versus
actual outcomes for each outcome measure submitted with the
consolidated plan. The report must explain variances between the
proposed and actual outcomes.
Dated: November 30, 2004.
Nelson R. Breg[oacute]n,
General Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 04-28430 Filed 12-29-04; 8:45 am]
BILLING CODE 4210-32-P