[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR91.220]

[Page 543-545]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS--Table of Contents
 
       Subpart C--Local Governments; Contents of Consolidated Plan
 
Sec. 91.220  Action plan.

    The action plan must include the following:
    (a) Form application. Standard Form 424;

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    (b) Resources. (1) Federal resources. The consolidated plan must 
describe the Federal resources expected to be available to address the 
priority needs and specific objectives identified in the strategic plan, 
in accordance with Sec. 91.215. 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 jurisdiction deems it 
appropriate, it may indicate publicly owned land or property located 
within the jurisdiction that may be used to carry out the purposes 
stated in Sec. 91.1;
    (c) Activities to be undertaken. A description of the activities the 
jurisdiction will undertake during the next year to address priority 
needs in terms of local objectives that were identified in Sec. 91.215. 
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) Geographic distribution. A description of the geographic areas 
of the jurisdiction (including areas of minority concentration) in which 
it will direct assistance during the ensuing program year, giving the 
rationale for the priorities for allocating investment geographically;
    (e) 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, and to address 
the special needs of persons who are not homeless identified in 
accordance with Sec. 91.215(d);
    (f) 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, remove barriers to 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 and foster public housing improvements and resident initiatives 
(see Sec. 91.215 (a), (b), (f), (g), (h), (i), (j), and (k)).
    (2) Public housing. Appropriate reference to the annual revisions of 
the action plan prepared for the Comprehensive Grant program. If the 
public housing agency is designated as ``troubled'' by HUD, or otherwise 
is performing poorly, the jurisdiction's plan, if any, to assist the 
public housing agency in addressing these problems; and
    (g) 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) Surplus from urban renewal settlements;
    (C) Grant funds returned to the line of credit for which the planned 
use has not been included in a prior statement or plan; and

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    (D) 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) This 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 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(e)(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.

(Approved by the Office of Management and Budget under control number 
2506-0117)

[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995, as amended at 61 
FR 48750, Sept. 16, 1996]