[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: 24CFR91.510]

[Page 560-561]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS--Table of Contents
 
                  Subpart F--Other General Requirements
 
Sec. 91.510  Consistency determinations.

    (a) Applicability. For competitive programs, a certification of 
consistency of the application with the approved consolidated plan for 
the jurisdiction may be required, whether the applicant is the 
jurisdiction or another applicant.
    (b) Certifying authority. (1) The certification must be obtained 
from the unit of general local government if the project will be located 
in a unit of general local government that: is required to have a 
consolidated plan, is authorized to use an abbreviated consolidated plan 
but elects to prepare and has submitted a full consolidated plan, or is 
authorized to use an abbreviated consolidated plan and is applying for 
the same program as the applicant pursuant to the same Notice of Funding 
Availability (and therefore has or will have an abbreviated consolidated 
plan for the fiscal year for that program).
    (2) If the project will not be located in a unit of general local 
government, the certification may be obtained from the State or, if the 
project will be located in a unit of general local government authorized 
to use an abbreviated consolidated plan, from the unit of general local 
government if it is willing to prepare such a plan.
    (3) Where the recipient of a HOPWA grant is a city that is the most 
populous unit of general local government in an EMSA, it also must 
obtain and

[[Page 561]]

keep on file certifications of consistency from such public officials 
for each other locality in the EMSA in which housing assistance is 
provided.
    (c) Meaning. A jurisdiction's certification that an application is 
consistent with its consolidated plan means the jurisdiction's plan 
shows need, the proposed activities are consistent with the 
jurisdiction's strategic plan, and the location of the proposed 
activities is consistent with the geographic areas specified in the 
plan. The jurisdiction shall provide the reasons for the denial when it 
fails to provide a certification of consistency.

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