(f) "Indian tribal group or body" means any tribe, band or other organized group of Indians living as a community and owning contiguous lands for which planning assistance is sought, has an elected tribal council, and which has authority to carry out housing and community development activities. The term shall include, but shall not be limited to, those tribes, bands or groups terminated since 1940; those tribes, bands or groups recognized by the State in which they reside; and any tribe, band or group of Eskimos, Aleuts or Alaskan natives.

(g) "Large city" means a city (including the District of Columbia) having a population of at least 50,000 according to the latest decennial census.

(h) "Locality" means a city or other municipality having a population of less than 50,000 according to the latest decennial census; a county without regard to population; or any group of adjacent communities, either incorporated or unincorporated, having common or related urban planning problems and having a total population of less than 50,000 according to the latest decennial census. (i) "Metropolitan Clearinghouse" means a metropolitan areawide planning organization that has been recognized by the Office of Management and Budget as an appropriate agency to perform review functions under Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, Title IV of the Intergovernmental Cooperation Act of 1968 and OMB Circular A-95.

(j) "Ongoing comprehensive planning process" means a process, which includes chief executive leadership, coordination and citizen involvement where major plans, policies, priorities, or objectives are being determined and that involves the development and subsequent modification of a comprehensive plan and provides for at least biennial review of the elements thereof for necessary or desirable amendments. For the purposes of this Part, the comprehensive plan shall include, as a minimum, the housing and land use elements described in §§ 600.70 and 600.72.

90-079-77- -8

ing those goals and objectives. Development of such capacity may involve, e.g., studies to identify problems in one or more policy areas; strengthening budgeting systems; improving capability to gather, process and analyze data necessary for rational decision-making; devising programs and reorganizing governmental structures; and strengthening the capacity for analyzing the impact of programs in meeting policy objectives.

(1) "Professionally competent person" means a person having relevant training and/or experience that is necessary for the tasks to be carried out.

(m) "Recipient" means an applicant whose application for a comprehensive planning assistance grant has been formally approved by HUD or the state.

(n) "State" means any State, the District of Columbia, Puerto Rico, any territory or possession of the United States, and the Trust Territory of the Pacific Islands.

(o) "State central information reception agency" means the State agency which has been designated to serve as the central reception point for Federal grant-in-aid information furnished pursuant to Section 201 of the Intergovernmental Cooperation Act of 1968.

(p) "Substate" means any governmental jurisdiction which is smaller than the State in which it is situated. The term includes inter- and intra-state areawide planning organization.

(q) "Urban county" means any county within a metropolitan area which (1) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and (2) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government; (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded; or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. For the purposes of this Part a county will be considered an urban county upon designation as such by HUD pursuant to the regulations issued under

Title I of the Housing and Community Development Act of 1974.

[40 FR 36856, Aug. 22, 1975, as amended at 42 FR 6095, Feb. 1, 1977]

§ 600.10 Financial support.

(a) Grant ratio. Comprehensive planning assistance grants shall not exceed two-thirds of the total cost of eligible activities. Although grants equal to not more than four-fifths of the total costs of eligible activities may be made pursuant to Section 701(n) of the Housing Act of 1954, as amended, HUD, pursuant to the discretion permitted in the Act, will not fund grants in excess of two-thirds of eligible costs.

(b) Non-Federal share. The non-Federal share of the total cost of assisted activities may be provided in the form of cash and/or services.

(c) Project period. Grant assistance will ordinarily cover a 12-month work period but may cover a different period in appropriate cases.

(d) Amount of assistance. The amount of assistance provided by HUD shall be based upon the following:

(1) The applicant's performance in administering its program in accordance with applicable law and all HUD requirements, including these regulations;

(2) The applicant's past performance in completing its activities in a timely fashion;

(3) The applicant's progress toward the achievement of its identified objectives and in developing the required elements of the comprehensive plan;

(4) The applicant's capability to undertake the activities for which assistance is requested;

(5) The applicant's capability for coordinating related planning and management and implementation activities with each other and with related systems of other governments and areawide planning organizations, and

(6) The applicant's progress in implementing policies, plans and programs, particularly those related to housing and land use objectives.

§ 600.15 Staff and consultant services.

(a) Professionally competent persons. Each applicant must be able to demonstrate that it has available the services of professionally competent persons to carry out the program for which assistance is sought.

(b) Staff. Each State, areawide planning organization, large city and urban

county must also be able to demonstrate that it has a staff of professionally competent persons to carry out the program for which assistance is sought.

Each

(c) Employment standards. areawide planning organization must establish standards for the recruitment and retention of personnel consonant with State or local merit or civil service standards. In the event no State or local standards exist or they are not used when available, the standards adopted will be subject to HUD approval.

(d) Provision of consulting services. Staff capability may be supplemented through consulting services by other public agencies (State, areawide, local), by instrumentalities of State and local governments (such as universities, municipal leagues, and county officer associations), and by private contractors and consulting firms.

§ 600.20 Inservice training.

Applicants may engage in inservice training to increase the level of knowledge and skills of their staff.

(a) Eligible trainees. Eligible trainees are limited to those staff members engaged in activities related to a grant under this Part.

(b) Maximum costs. Except for work study programs, the total cost of an inservice training program shall not exceed 5 percent of the total grant. § 600.25

Who may be assisted.

perform the comprehensive planning work for which the grant is requested;

(b) Have authority to receive and expend Federal and other funds, to contract with Federal and other units of government, private concerns, or individuals for performance of planning work and services and to plan for its entire jurisdiction; and

(c) Assure HUD that the non-Federal share of the program cost will be provided.

$ 600.35 Applicants.

The applicant shall be a State, large city, urban county, locality, areawide planning organization or Indian tribal group or body. One or more agencies may be designated by the Governor or chief executive officer to undertake the comprehensive planning and management assistance program in whole or in part. Notwithstanding such a designation, the State, large city urban county, locality, areawide planning organization or Indian tribal group or body shall be the applicant (except that inter-tribal or multi-tribal organizations which have been delegated authority by member Indian tribal groups or bodies to conduct planning and management activities on their behalf may be the applicant); and in the absence of special circumstances in which there is a legal incapacity on the part of the applicant to accept funds for eligible activities, the grant agreement shall be between HUD and the applicant. Such designations do not relieve the applicant of its responsibilities in assuring the administration of the program in accordance with all HUD requirements, including these regulations.

§ 600.37 Provision of planning and management assistance and services to large cities, urban counties and localities by areawide planning organizations.

An areawide planning organization may provide planning and management assistance and services to localities, large cities and urban counties within its jurisdiction using funds made available by HUD to the State for such purpose. An areawide planning organization may also provide services to localities, large cities and urban counties within its jurisdiction using grant funds made available for areawide activities provided such services are reflected in its approved application

(b) Jurisdiction and organization requirements-(1) Jurisdiction. Planning area jurisdiction is determined by consideration of the following factors:

(i) The planning area jurisdiction for a metropolitan area should include the Standard Metropolitan Statistical Area (SMSA) plus any contiguous county or counties now urbanized or likely to become urbanized in the foreseeable future. Where feasible, contiguous SMSA's should be included in the same metropolitan areawide planning jurisdiction. Where the State has established substate planning and development areas, or districts, the boundaries of proposed areawide planning jurisdictions should conform to the State-designated areas.

(ii) The planning area jurisdiction for a nonmetropolitan area shall include one or more counties and one or more units of general local government, but may not include any portion of any metropolitan area. Where the State has established substate planning and development areas or districts, the boundaries of proposed areawide planning jurisdictions should conform to the State designated areas.

(2) Organization. Unless specifically prohibited by State law, areawide planning organizations shall meet the following areawide organizational requirements:

(i) Have open membership to all units of general local government within the areawide planning jurisdiction;

(ii) Include representatives of units of general local government which, in aggregate, have within their jurisdiction not less than 75 percent of the population of the metropolitan or nonmetropolitan area. One representative may represent more than one local governmental jurisdiction, particularly in the case of smaller jurisdictions, if jointly selected by the local governments;

(iii) Have a policy-making body with the authority to:

(A) Establish goals, objectives and policies, evaluate programs for achieving their objectives, and provide for program balance and coordination in response to State and local needs and priorities;

(B) Provide an overall framework and guide for the preparation of functional and project plans; and

(C) Provide for coordination and review of projects and activities that affect development and public management; and

(iv) Provide that at least two-thirds of the voting membership be composed of, or responsible to, the elected officials of a unit of general local government within the planning jurisdiction.

§ 600.50 Assistance to applicants having special needs.

(a) Eligible applicants and special requirements. Planning and management assistance may be provided to applicants having special needs, as determined by HUD, to the extent that such needs cannot otherwise be adequately met, including but not limited to the following:

(1) Interstate regional commissions established under the Appalachian Regional Development Act of 1965 or the Public Works and Economic Development Act of 1965.

(2) Federally-impacted areas to plan adjustments occasioned by:

(i) Rapid urbanization due to establishments; or rapid and substantial expansion of a Federal installation; or

(ii) Rapid urbanization, or expectation of such urbanization because of the development of a new community under Title VII of the Housing and Urban Development Act of 1970;

(iii) Rapid urbanization or other major impacts due to large-scale production from major sources of domestic energy resources including the siting and construction of necessary facilities; or

(iv) Substantial reduction in employment opportunities as the result of the closing, in whole or in part, of a Federal installation or as a result of a decline in the volume of government orders for the procurement of articles or materials produced or manufactured in the area; provided the actual or foreseen change in employment over a two-year period is at least 5 percent of the preimpact level.

(3) Any area which is designated by the President as a "major disaster area"

in accordance with the Disaster Relief Act of 1974 to plan for the recovery from the disaster subject to the following:

(i) The application shall be submitted within 180 days from the date an area is designated by the President as a disaster area; and

(ii) The application shall be reviewed by, and coordinated with, the designated State disaster relief agency (if such agency exists), as prescribed in the Disaster Relief Act of 1974.

(b) Form of application. Applicants desiring assistance for special needs shall apply in the manner and format prescribed by HUD at the time of inquiry. Due to the extraordinary circumstances facing most applicants with special needs HUD will determine the most effective application procedures under those circumstances.

§ 600.55 Eligible activities: all appli

cants.

Activities which may be assisted include those necessary to develop and carry out a comprehensive plan as part of an ongoing planning process, to develop and improve the management capability to implement such plan or part. thereof or related plans or planning, and to develop a policy-planning-evaluation capacity. Applicants may undertake activities necessary to:

(a) Support and strengthen overall governmental capability of State and local governments and the management and decision-making capability of Governors and Chief Executive Officers to:

(1) Improve public service productivity to make governmental services more effective, efficient and less costly;

(2) Modernize or reorganize State and local governmental institutions and areawide structures;

(3) Improve the use and conservation of existing human and natural resources: including neighborhood conservation and re-use of existing buildings;

(4) Develop a policy-planning-evaluation capacity;

(5) Respond to changing economic conditions:

(6) Develop policies and systems for relating all functional planning to comprehensive State and community policies and plans;

(7) Establish a framework for coordinating intergovernmental planning and development activities and public and private development; and

(8) Implement a comprehensive plan or part thereof or related plans or planning.

(b) Develop energy conservation measures and facility siting plans to provide for the rational development of areas impacted by new energy extraction efforts or related activities;

(c) Develop and carry out a comprehensive plan, which includes, but is not limited to the following:

(1) Preparation, as a guide for governmental policies and action, of general plans with respect to:

(i) Land use planning activities necessary to satisfy the housing element requirement of § 600.72;

(ii) Housing planning activities necessary to satisfy the housing element requirement of § 600.70;

(iii) The provision of public facilities (including transportation facilities) and other governmental services; and

(iv) The effective development and utilization of human and natural resources;

(2) Identification and analysis of area needs (including housing, employment, education and health) and formulation of specific programs for meeting the needs so identified;

(3) Survey of structures, districts and sites which are determined by the appropriate authorities to be of historic or architectural value, including:

(i) Identification of historic structures and sites; and

(ii) Development of other information needed for, or appropriate to, a balanced and effective program of historic preservation;

(4) Long-range physical and fiscal planning as a guide for governmental policy and action;

(5) Programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definite financing plans for such expenditures in the eariler years of the improvement program;

(6) Coordination of all related plans and activities (including A-95 activities and code and regulatory activities affecting community development and housing) of the State and local governments and agencies concerned; and

(7) Preparation of regulatory and administrative measures in support of the foregoing;

(d) Conduct studies and research relating to needed revisions in State statutes which create, govern or control

local governments and local governmental operations;

(e) Devise methods for obtaining effective citizen involvement, pursuant to § 600.80, in the determination of major plans, policies, priorities or objectives;

(f) Devise methods for achieving equal opportunity through the planning proc

ess;

(g) Develop an environmental review system;

(h) Meet and carry out other HUD or other Federal program objectives or requirements including, but not limited to, the following:

(1) Development of housing assistance plans required by Title I and Title II of the Housing and Community Development Act of 1974;

(2) New community planning;

(3) Preparation of flood control studies and flood plain management measures to meet the standards for eligibility under the National Flood Insurance Program;

(4) Disaster mitigation and hazard reduction planning; and

(5) Support for national growth and urban development objectives.

(i) Support State and areawide services to substate applicants including, but not limited to:

(1) Direct technical assistance to local or areawide officials on planning and management needs;

(2) Professional studies concerning local development problems, objectives, alternatives, and priorities, and organizational and administrative processes; and

(3) Preparation of technical guides and manuals dealing with planning, programming, or management of public services, facilities, and resources; or suggesting new approaches to concerns such as housing, community relations, or capital improvement programming. § 600.58

cants.

Ineligible activities: all appli

Applicants, as part of their assisted Comprehensive Planning work, may not include the following:

(a) Acquisition, construction, repair, or rehabilitation of, or the preparation of engineering drawings or similar detailed specifications for, specific housing, capital facilities or public works projects;

(b) Routine administrative activities not allowable under Federal Management Circular, FMC 74-4, Cost Principles Applicable to Grants and Contract with State and local Governments, or related