[Code of Federal Regulations]

[Title 24, Volume 3]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR570.440]



[Page 100-102]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 570_COMMUNITY DEVELOPMENT BLOCK GRANTS--Table of Contents

 

            Subpart F_Small Cities and Insular Areas Programs

 

Sec.  570.440  Application requirements for insular area grants funded 

under section 106.



    (a) Applicability. The requirements of this section apply to insular 

grants funded under section 106 of the Act. An insular area jurisdiction 

may choose to prepare program statements following either:

    (1) The abbreviated consolidated plan procedures described in this 

subpart and in 24 CFR 91.235; or

    (2) The complete consolidated plan procedures applicable to local 

governments, discussed at 24 CFR 91.200 through 91.230.

    (b) Proposed statement. An insular area jurisdiction shall prepare 

and publish a proposed statement and comply



[[Page 101]]



with the citizen participation requirements described in Sec.  570.441, 

if it submits an abbreviated consolidated plan under 24 CFR 91.235. The 

jurisdiction shall follow the citizen participation requirements of 24 

CFR 91.105 and 91.100 (with the exception of Sec.  91.100(a)(4)), if it 

submits a complete consolidated plan.

    (c) Final statement. The insular area jurisdiction shall submit to 

HUD a final statement describing its community development objectives 

and activities. The statement also must include a priority nonhousing 

community development plan in accordance with 24 CFR 91.235. This final 

statement shall be submitted, together with the required certifications, 

to the appropriate field office in a form prescribed by HUD.

    (d) Submission requirement. Each insular area jurisdiction shall 

submit its final statement to HUD no later than 45 days before the start 

of its program year. Each jurisdiction may choose the start date for the 

annual period of its program year that most closely fits its own needs. 

HUD may grant an extension of the submission deadline for good cause.

    (e) Certifications. The insular area jurisdiction's final statement 

must be accompanied by appropriate certifications as further described 

under 24 CFR 91.225. The jurisdiction should submit all general 

certifications, as well as all program certifications for each program 

from which it receives funding, if it submits a complete consolidated 

plan. For insular area jurisdictions receiving CDBG funds under an 

abbreviated consolidated plan, these certifications shall include at a 

minimum:

    (1) The following general certifications described at Sec.  

91.225(a) of this title: Affirmatively furthering fair housing; anti-

displacement and relocation plan; drug-free workplace; anti-lobbying; 

authority of jurisdiction; consistency with plan; acquisition and 

relocation; and Section 3.

    (2) The following CDBG certifications described at Sec.  91.225(b) 

of this title: Citizen participation; community development plan; 

following a plan; use of funds; excessive force; compliance with anti-

discrimination laws; compliance with lead-based paint procedures; and 

compliance with laws.

    (f) HUD action on final statement. Following the review of the 

statement, HUD will promptly notify each jurisdiction of the action 

taken with regard to its statement. HUD will approve a grant if the 

jurisdiction's submissions have been made and approved in accordance 

with 24 CFR part 91, and if the certifications required in such 

submissions are satisfactory to HUD. The certifications will be 

satisfactory to HUD for this purpose, unless HUD determines pursuant to 

subpart O of this part that the jurisdiction has not complied with the 

requirements of this part, has failed to carry out its consolidated plan 

(or abbreviated consolidated plan) as provided under Sec.  570.903, or 

has determined that there is evidence, not directly involving the 

jurisdiction's past performance under this program, that tends to 

challenge in a substantial manner the jurisdiction's certification of 

future performance. If HUD makes any such determination, however, 

further assurances may be required to be submitted by the jurisdiction 

as HUD may deem warranted or necessary to find the jurisdiction's 

certification satisfactory.

    (g) Reimbursement for pre-award costs. Insular area jurisdictions 

may request reimbursement for pre-award costs in accordance with Sec.  

570.200(h).

    (h) Float funding. An insular area jurisdiction may use undisbursed 

funds in the line of credit and its CDBG program account that are 

budgeted in final statements or action plans for one or more activities 

that do not need the funds immediately, subject to the limitations 

described in Sec.  570.301(b).

    (i) Program amendments. (1) The insular area jurisdiction's citizen 

participation plan (see Sec.  570.441) must specify the criteria the 

jurisdiction will use for determining what changes in the jurisdiction's 

planned or actual activities will constitute a substantial amendment to 

its final statement. It must include changes in the use of CDBG funds 

from one eligible activity to another among the changes that qualify as 

a substantial amendment.

    (2) The citizen participation plan must provide citizens with 

reasonable notice and an opportunity to comment



[[Page 102]]



on substantial amendments. The citizen participation plan must state how 

reasonable notice and an opportunity to comment will be given, as well 

as provide a period of not less than 30 days to receive comments on the 

substantial amendment before the amendment is implemented.

    (3) The citizen participation plan shall require the jurisdiction to 

consider comments or views of citizens received in writing, or orally at 

public hearings, if any, in preparing the substantial amendment of its 

statement. A summary of comments or views not accepted and the reasons 

for non-acceptance shall be attached to the substantial amendment.

    (4) Any program amendment, regardless of whether it is considered to 

be substantial, must be fully documented in the jurisdiction's records.

    (j) Performance reports. Each insular area jurisdiction must submit 

annual performance reports in accordance with 24 CFR 91.520.



[69 FR 32780, June 10, 2004]