[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: 24CFR570.441]



[Page 102-104]

 

                 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.  570.441  Citizen participation--insular areas.



    (a) General. An insular area jurisdiction submitting an abbreviated 

consolidated plan under 24 CFR 91.235 shall comply with the citizen 

participation requirements described in this section. An insular area 

jurisdiction submitting a complete consolidated plan in accordance with 

24 CFR 91.200 through 91.230 shall follow the citizen participation 

requirements of Sec.  91.100 and Sec.  91.105, except for Sec.  

91.100(a)(4). For funding under section 106 of the Act, these 

requirements are applicable to all aspects of the Insular Areas program, 

including the preparation of the proposed statement and final statements 

as described in Sec.  570.440. The requirements for citizen 

participation do not restrict the responsibility or authority of the 

jurisdiction for the development and execution of its community 

development program.

    (b) Citizen participation plan. The insular area jurisdiction must 

develop and follow a detailed citizen participation plan and must make 

the plan public. The plan must be completed and available before the 

statement for assistance is submitted to HUD, and the jurisdiction must 

certify that it is following the plan. The plan must set forth the 

jurisdiction's policies and procedures for:

    (1) Giving citizens timely notice of local meetings and reasonable 

and timely access to local meetings, information, and records relating 

to the grantee's proposed and actual use of CDBG funds including, but 

not limited to:

    (i) The amount of CDBG funds expected to be made available for the 

coming year, including the grant and anticipated program income;

    (ii) The range of activities that may be undertaken with those 

funds;

    (iii) The estimated amount of those funds proposed to be used for 

activities that will benefit low- and moderate-income persons;

    (iv) The proposed CDBG activities likely to result in displacement 

and the jurisdiction's plans, consistent with the policies developed 

under Sec.  570.606(b), for minimizing displacement of persons as a 

result of its proposed activities; and

    (v) The types and levels of assistance the jurisdiction plans to 

make available (or to require others to make available) to persons 

displaced by CDBG-funded activities, even if the jurisdiction expects no 

displacement to occur;

    (2) Providing technical assistance to groups representative of 

persons of low- and moderate-income that request assistance in 

developing proposals. The level and type of assistance to be provided is 

at the discretion of the jurisdiction. The assistance need not include 

the provision of funds to the groups;

    (3) Holding a minimum of two public hearings for the purpose of 

obtaining citizens' views and formulating or responding to proposals and 

questions. Each public hearing must be conducted at a different stage of 

the CDBG program. Together, the hearings must address community 

development and housing needs, development of proposed activities, and 

review of program performance. There must be reasonable notice of the 

hearings, and the hearings must be held at times and accessible 

locations convenient to potential or actual beneficiaries, with 

reasonable



[[Page 103]]



accommodations including material in accessible formats for persons with 

disabilities. The jurisdiction must specify in its plan how it will meet 

the requirement for hearings at times and locations convenient to 

potential or actual beneficiaries;

    (4) Meeting the needs of non-English speaking residents in the case 

of public hearings where a significant number of non-English speaking 

residents can reasonably be expected to participate;

    (5) Responding to citizen complaints and grievances, including the 

procedures that citizens must follow when submitting complaints and 

grievances. The jurisdiction's policies and procedures must provide for 

timely written answers to written complaints and grievances within 15 

working days after the receipt of the complaint, where practicable; and

    (6) Encouraging citizen participation, particularly by low- and 

moderate-income persons who reside in areas in which CDBG funds are 

proposed to be used.

    (c) Publication of proposed statement. (1) The insular area 

jurisdiction shall publish a proposed statement consisting of the 

proposed community development activities and community development 

objectives in order to afford affected citizens an opportunity to:

    (i) Examine the statement's contents to determine the degree to 

which they may be affected;

    (ii) Submit comments on the proposed statement; and

    (iii) Submit comments on the performance of the jurisdiction.

    (2) The requirement for publishing in paragraph (c)(1) of this 

section may be met by publishing a summary of the proposed statement in 

one or more newspapers of general circulation and by making copies of 

the proposed statement available at libraries, government offices, and 

public places. The summary must describe the contents and purpose of the 

proposed statement and must include a list of the locations where copies 

of the entire proposed statement may be examined.

    (d) Preparation of a final statement. An insular area jurisdiction 

must prepare a final statement. In the preparation of the final 

statement, the jurisdiction shall consider comments and views received 

relating to the proposed statement and may, if appropriate, modify the 

final statement. The final statement shall be made available to the 

public and shall include the community development objectives, projected 

use of funds, and the community development activities.

    (e) Program amendments. To assure citizen participation on program 

amendments to final statements, the insular area grantee shall:

    (1) Furnish citizens information concerning the amendment;

    (2) Hold one or more public hearings to obtain the views of citizens 

on the proposed amendment;

    (3) Develop and publish the proposed amendment in such a manner as 

to afford affected citizens an opportunity to examine the contents, and 

to submit comments on the proposed amendment;

    (4) Consider any comments and views expressed by citizens on the 

proposed amendment and, if the grantee finds it appropriate, modify the 

final amendment accordingly; and

    (5) Make the final amendment to the community development program 

available to the public before its submission to HUD.

    (f) Performance reports. (1) The citizen participation plan must 

provide citizens with reasonable notice and an opportunity to comment on 

performance reports. The citizen participation plan must state how 

reasonable notice and an opportunity to comment will be given. The 

citizen participation plan must provide a period of not less than 15 

days to receive comments on the performance report before it is to be 

submitted to HUD.

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

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

public hearings in preparing the performance report. A summary of these 

comments or views shall be attached to the performance report.

    (g) Application for loan guarantees. Insular area jurisdictions 

intending to apply for the Section 108 Loan Guarantee program must 

ensure that they follow the applicable presubmission



[[Page 104]]



and citizen participation requirements of Sec.  570.704.



[69 FR 32780, June 10, 2004]