[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR91.510]



[Page 586-587]

 

                 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 keep on file certifications of consistency from such public 

officials for each



[[Page 587]]



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)