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(e) "Department” and “HUD" each towards meeting those goals and objecmean Department of Housing and Urban tives (e.g., studies to identify problems Development.

in one or more policy areas; strengthen(f) "Indian tribal group or body” ing budgeting systems; improving cameans any tribe, band or other orga- pability to gather, process and analyze nized group of Indians living as a com data necessary for rational decisionmunity and owning contiguous lands for making; devising programs and reorwhich planning assistance is sought, has ganizing governmental structures; and an elected tribal council, and which has strengthening the capacity for analyzing authority to carry out housing and the impact of programs in meeting policy community development activities. The objectives). term shall include, but shall not be lim (1) “Professionally competant person” ited to, those tribes, bands or groups means a person having relevant training terminated since 1940; those tribes, and/or experience that is necessary for bands or groups recognized by the State the tasks to be carried out. in which they reside; and any tribe, band (m) "Recipient” means an applicant or group of Eskimos, Aleuts or Alaskan whose application for a comprehensive natives.

planning assistance grant has been for(g) “Large city” means a city (includ mally approved by HUD or the state. ing the District of Columbia) having a (n) "State” means any State, the Dispopulation of at least 50,000 according trict of Columbia, Puerto Rico, any terto the latest decennial census.

ritory or possession of the United States, (h) "Locality" means a city or other and the Trust Territory of the Pacific municipality having a population of less Islands. than 50,000 according to the latest de (0) "State central information recepcennial census; a county without regard tion agency" means the State agency to population; or any group of adjacent which has been designated to serve as communities, either incorporated or un the central reception point for Federal incorporated, having common or related grant-in-aid information furnished pururban planning problems and having a suant to Section 201 of the Intergoverntotal population of less than 50,000 ac mental Cooperation Act of 1968. cording to the latest decennial census. (p) "Substate” means any governmen

(i) “Metropolitan Clearinghouse" tal jurisdiction which is smaller than the means an areawide planning organiza State in which it is situated. The term tion designated as a clearinghouse, pur includes inter- and intra-state areawide suant to Part I of OMB Circular No. planning organizations. A-95, for a metropolitan area.

(q) "Urban county" means any county (j) “Ongoing comprehensive planning within a metropolitan area which (1) process” means a process, which includes is authorized under State law to underchief executive leadership, coordination take essential community development and citizen participation where major and housing assistance activities in its plans, policies, priorities, or objectives unincorporated areas, if any, which are are being determined, that involves the not units of general local government, development and subsequent modifica and (2) has a combined population of tion of a comprehensive plan and pro 200,000 or more (excluding the populavides for biennial review of the elements tion of metropolitan cities therein) in thereof for necessary or desirable amend such unincorporated areas and in its ments. For the purposes of this part, the

included units of general local governcomprehensive plan shall include, as a ment; (i) in which it has authority to minimum, the housing and land use undertake essential community developelements described in $$ 600.70 and ment and housing assistance activities 600.72.

and which do not elect to have their (k) “Policy-planning-evaluation ca population excluded; or (ii) with which pacity” means the development on the it has entered into cooperation agreepart of a recipient of the analytical abil ments to undertake or to assist in the ity to identify its problems and needs undertaking of essential community demore rationally, set long-term policy velopment and housing assistance activigoals and short-term policy objectives ties. For the purposes of this part a for meeting its needs, devise programs county will be considered an urban and activities to meet those policy goals county upon approval as such by HUD and objectives, and evaluate its progress pursuant to the regulations issued under

cases.

Title I of the Housing and Community and retention of personnel consonant Development Act of 1974.

with or superior to State or local merit [39 FR 43379, Dec. 12, 1974)

or civil service standards. In the event no

State or local standards exist or they are 8 600.10 Financial support.

not used when available, the standards (a) Comprehensive planning assist adopted will be subject to HUD approval. ance grants shall not exceed two-thirds (d) Provision of consulting services. of the total cost of eligible activities. Staff capability may be supplemented

(b) Non-Federal share: The non through consulting services by other pubFederal share of the total cost of assisted lic agencies (State, areawide, local), by activities may be provided in the form instrumentalities of State and local goyof cash and/or services from the appli ernments (such as universities, municicant, or from other non-Federal sources. pal leagues, and county officer associa

(c) Grant assistance will ordinarily tions), and by private contractors and cover a 12-month work period but may consulting firms. cover a different period in appropriate [39 FR 43380, Dec. 12, 1974) (d) Although grants equal to not more

$ 600.20 Inservice training. than four-fifths of the total costs of Applicants may engage in inservice eligible activities may be made pursuant training to increase the level of knowlto Section 701(n) of the Housing Act of edge and skills of their staff. 1954, as amended, HUD, pursuant to the (a) Eligible trainees. Eligible trainees discretion permitted in the Act, will not are limited to members of staffs of elifund grants in excess of two-thirds of

gible applicants. eligible costs.

(b) Maximum costs. Except for work(e) The amount of assistance provided study programs, the total cost of an inby HUD shall be based upon the follow service training program shall not exing:

ceed 5 percent of the agency's total grant (1) The applicant's performance in under the Comprehensive Planning administering its program in accordance

Assistance Program for any 1 year. with all HUD requirements, including

$ 600.25 Who may be assisted. these regulations; (2) The applicant's past performance

Grants may be made by HUD to the in completing its activities in a timely

following: fashion;

(a) States for State, interstate, metro(3) The applicant's progress toward

politan, district or regional activities; the achievement of its identified objec

(b) States for the provision of plantives; and

ning and management assistance to lo(4) The applicant's capability to un

calities, large cities, urban counties, dertake the activities for which as

Indian tribal groups or bodies, and metsistance is requested.

ropolitan and nonmetropolitan areawide

planning organizations; (37 FR. 6667, Apr. 1, 1972, as amended at 37 FR 24345, Nov. 16, 1972; 39 FR 43379,

(c) Large cities; Dec. 12, 1974)

(d) Urban counties; § 600.15 Staff and consultant services.

(e) Metropolitan clearinghouses;

(f) Councils of Governments; (a) Professionally competent persons.

(g) Indian tribal groups or bodies; and Each applicant must be able to demon

(h) Other governmental applicants strate that it has available the services

having special planning needs related to of professionally competent persons to

the purpose of section 701 of the Housing carry out the program for which as

Act of 1954, as amended, to the extent sistance is sought.

that these needs cannot otherwise be (b) Staff. Each State, areawide plan

adequately met. ning organization, large city and urban

(39 FR 43380, Dec. 12, 1974) county must also be able to demonstrate that it has professionally competent staff $ 600.30 Legal status and authority. to carry out the program for which as Applicants must: sistance is sought.

(a) Be authorized by Stato law or (c) Employment standards. Each Interstate compact or other agreement to areawide planning organization must es perform the comprehensive planning tablish standards for the recruitment work for which the grant is requested;

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

(c) Assure HUD that the non-Federal share of the program cost will be provided. $ 600.35 Assistance to States for state

wide planning and for assistance and

services to substate applicants. The eligible applicant is the State. One or more State agencies may be designated by the Governor of a State to undertake the comprehensive planning and management assistance program in whole or in part. Notwithstanding such designations, the State shall 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 State. Such designations do not relieve the State of its responsibilities in assuring the administration of the program in accordance with all HUD requirements, including these regulations. [39 FR 43380, Dec. 12, 1974) § 600.36 Eligible applicants to the State.

The units of general local government and areawide planning organizations eligible to apply to the State for comprehensive planning assistance are:

(a) Cities and other municipalities having populations of less than 50,000 according to the latest decennial census. The planning area must include, at the minimum, the entire geographic area of the general local government, plus any contiguous territory over which the local government has authority for planning purposes.

(b) Counties of any population size. In this case, the minimum planning area must include the unincorporated areas over which the county government has statutory or other authority for planning purposes. Assistance to a county having a population of over 50,000 within a metropolitan area, will be made only if planning for such a county is coordinated with planning for the metropolitan area of which it is a part and with prior HUD approval.

(c) Any group of adjacent communities, either incorporated or unincorporated, having a total population of less

than 50,000 according to the latest decennial census and having common or related planning problems. The group's planning jurisdiction must be the entire area having such problems. Insofar as feasible, the boundaries of the planning area must conform to the jurisdictional boundaries of the general local governments comprising the group.

(d) Other governmental applicants having special needs as described in $ 600.50.

(e) Metropolitan and nonmetropolitan areawide planning organizations.

(f) Indian tribal groups or bodies.

(8) Large cities. The planning area shall include at a minimum the entire geographic area of the city, plus any contiguous territory over which the city has authority for planning purposes. [39 FR 43380, Dec. 12, 1974) $ 600.37 Provision of planning and

management assistance and services to large cities, urban counties and localities by areawide planning organi

zations. Metropolitan and nonmetropolitan areawide planning organizations, with the approval of the State, may provide planning and management assistance and services to any applicant within their respective areawide planning jurisdictions. [39 FR 43380, Dec. 12, 1974) $ 600.40 Grants for areawide planning

and management assistance. (a) Eligible applicants: Metropolitan Clearinghouses, Councils of Governments and States authorized by State law to perform areawide planning may apply directly to the appropriate HUD office for comprehensive planning and management assistance. All other areawide planning organizations eligible to receive assistance shall apply to the State.

(b) Assistance will be provided to only one areawide planning organization in each metropolitan and nonmetropolitan planning jurisdiction. An exception may be made when State enabling legislation does not permit the formation of a single areawide planning organization for a multistate planning area.

(c) Areawide planning requirements:

(1) Planning area jurisdiction is determined by consideration of the following factors:

(1) The planning area jurisdiction for a metropolitan area should include the

Standard Metropolitan Statistical Area $ 600.45 Assistance to large cities. (SMSA) plus any contiguous county or

(a) Eligibility. The eligible applicant counties now urbanized or likely to be

is the City. One or more city agencies come urbanized in the foreseable future.

may be designated by the Chief ExecuWhere feasible, contiguous SMSA's

tive Officer to undertake the comprehenshould be included in the same metro

sive planning and management assistpolitan areawide planning jurisdiction.

ance program in whole or in part. NotWhere the State has established sub

withstanding such designations, the city state planning and devlopment areas, or

shall be the applicant, and, in the absence districts, the boundaries of proposed

of special circumstances in which there areawide planning jurisdictions should conform to the State-designated areas.

is a legal incapacity on the part of the

applicant to accept funds for eligible (ii) The planning area jurisdiction for

activities, the grant agreement shall be a nonmetropolitan area shall include one

between HUD and the city. Such designaor more counties and one or more units of

tions do not relieve the city of its respongeneral local government, but may not include any portion of any metropolitan

sibilities in assuring the administration area. Where the State has established

of the program in accordance with all

HUD requirements, including these substate planning and development areas

regulations. or districts, the boundaries of proposed

(b) Planning area. The planning area areawide planning jurisdictions should

shall include the entire geographic area conform to the State designated areas. (2) Unless specifically prohibited by

of the city plus any contiguous territory State law, areawide planning organiza

over which the city has authority for

planning or review purposes. tions shall meet the following areawide organizational requirements:

139 FR 43381, Dec. 12, 1974] (i) Open membership to all units of $ 600.47 Assistance to urban counties. general local government within the

(a) Eligibility. The eligible applicant areawide planning jurisdiction;

is the county. One or more county agen(ii) Include representatives of units of

cies may be designated by the Chief general local government which, in ag

Executive Officer to undertake the comgregate, have within their jurisdiction

prehensive planning and management not less than 75 percent of the popula

assistance program in whole or in part. tion of the metropolitan or nonmetro

Notwithstanding such designations, the politan area. One representative may rep- county shall be the applicant, and, in the resent more than one local governmental absence of special circumstances in which jurisdiction, particularly in the case of there is a legal incapacity on the part smaller jurisdictions, if jointly selected

of the applicant to accept funds for eliby the local governments;

gible activities, the grant agreement shall (iii) Have a policy-making body with

be between HUD and the county. Such the authority for:

designations do not relieve the county of (a) Establishing goals, objectives and

its responsibilities in assuring the adpolicies, evaluating programs for achiev

ministration of the program in according their objectives, and providing for

ance with all HUD requirements, includprogram balance and coordination in re

ing these regulations. sponse to State and local needs and

(b) Planning area. The planning area priorities;

shall include, at a minimum, the unin(b) Providing an overall framework

corporated areas over which the county and guide for the preparation of func

government has statutory or other autional and project plans; and

thority for planning purposes. (c) Providing for coordination and

(39 FR 43381, Dec. 12, 1974) review of projects and activities that affect development and public manage

$ 600.48 Assistance Indian tribal ment; and

groups or bodies. (iv) Provide that at least two-thirds The eligible applicant is the Indian of the voting membership be composed

tribal group or body. One or more Indian of, or responsible to, the elected officials agencies may be designated by the Chief of a unit of general local government

Executive Officer to undertake the comwithin the planning jurisdiction.

prehensive planning and management 137 FR 6667, Apr. 1, 1972, as amended at assistance program in whole or in part. 39 FR 43380, Dec. 12, 1974]

Notwithstanding such designations, the

to

cants.

Indian tribal group or body shall be the State disaster relief agency (if such applicant, and, in the absence of special agency exists), as prescribed in the Discircumstances in which there is a legal aster Relief Act of 1974, and incapacity on the part of the applicant to (iii) Any assisted planning work leadaccept funds for eligible activities, the ing to short range actions to recovery grant agreement shall be between HUD from the disaster shall be coordinated and the Indian tribal group or body. Such with the State between State planning designations do not relieve the Indian agencies and State disaster relief agentribal group or body of its responsibili- cies. ties in assuring the administration of the (b) Form of application. Applicants program in accordance with all HUD re- desiring assistance for special needs shall quirements, including these regulations. apply in the manner and format pre[39 FR 43381, Dec. 12, 1974)

scribed by HUD at the time of inquiry. $ 600.50 Assistance to applicants having

Due to the extraordinary circumstances

facing most applicants with special needs special needs.

HUD will determine the most effective (a) Eligible applicants and special re- application procedures under those cirquirements. Planning and management cumstances. assistance may be provided to applicants

139 FR 43381, Dec. 12, 19741 having special needs, as determined by HUD, to the extent that such needs can

$ 600.55 Eligible activities: all applinot otherwise be adequately met, including but not limited to the following: Activities which may be assisted in

(1) Interstate regional commissions clude those necessary to develop and established under the Appalachian Re- carry out a comprehensive plan as part gional Development Act of 1965 or the of an ongoing planning process, to dePublic Works and Economic Develop- velop and improve the management cament Act of 1965.

pability to implement such plan or part (2) Federally-impacted areas to plan thereof or related plans or planning, and adjustments occasioned by Federal im- to develop a policy-planning-evaluation pacts upon the economic, social, physical capacity. Applicants as part of their asand governmental structure caused by: sisted comprehensive planning work may

(i) Rapid urbanization due to estab- undertake activities necessary to: lishment of rapid and substantial ex- (a) Support and strengthen overall pansion of a Federal installation; or governmental capability of State and

(ii) Rapid urbanization, or such ur- local governments and the management banization as expected, because of the and decision-making capability of Govdevelopment of a new community under ernors and Chief Executive Officers to: Title VII of the Housing and Urban De- (1) Improve public service productivvelopment Act of 1970; or

ity to make governmental services more (iii) Substantial reduction in employ- effective, efficient and less costly; ment opportunities as the result of the (2) Improve the use and conservation closing, in whole or in part, of a Federal of existing resources; installation or as a result of a decline (3) Develop a policy-planning-evaluin the volume of government orders for ation capacity; the procurement of articles or materials (4) Respond to changing economic produced or manufactured in the area; conditions; provided the actual or foreseen change (5) Modernize or reorganize State and in employment over a two-year period is

local governmental institutions and at least 5 percent of the preimpact level.

areawide structures to address develop(3) Any area which is designated by

ment issues and to provide more rethe President as a “major disaster area"

sponsive service delivery systems; in accordance with the Disaster Relief

(6) Analyze, recommend and evaluate

fiscal policies and arrangements for imAct of 1974 to plan for the recovery from

proving governmental services and facilithe disaster subject to the following:

ties; (i) The application shall be submitted

(7) Develop policies and systems for within 180 days from the date an area

relating all functional planning to comis designated by the President as a dis- prehensive State and community policies aster area;

and plans; (ii) The application shall be reviewed (8) Establish a framework for coordiand commented upon by the designated nating intergovernmental planning and

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