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(k) Voluntary agreements. Substate copies of the notification shall be subapplicants who are eligible to apply di mitted to HUD along with a copy of the rectly to HUD may decide to voluntarily annual work program summary and the enter into mutual agreements with States organizational characteristics stateproviding for State administration of ment for areawide (metropolitan and 701 grant funds. Substate applicants are nonmetropolitan) planning organizaadvised to familiarize themselves with tions, urban counties, and large cities, the section of the State OPD applicable and a copy of the description of work to them. The Substate applicant's de or scope of services for localities. The cision must be communicated to the Standard Form 240 (line 3) should indiState in writing and endorsed by the cate the Federal grantor (HUD) and the Chief Executive Officer, or in the case of State grantor. Lines 13, 14 and 15 need an areawide planning organization, the not be completed. The State shall also highest policy officer. Once a substate indicate in line 16 (Remarks) the county applicant has committed itself in the within which the subgrantee is located manner indicated above, it may not and, for areawide planning organizachange its decision during the Federal tions, the counties of jurisdiction, and fiscal year in question. The State shall the population of the jurisdiction or oraccept or reject substate requests for ganization being assisted. State administration and notify HUD [39 FR 43385, Dec. 12, 1974) by the date annually established by HUD. The State notification to HUD must

$ 600.125 [Reserved). identify the applicants to be assisted by $ 600.128 Considerations in State assistthe State and include copies of the sub

ance to localities. state applicant requests endorsed as

In determining the nature and extent noted above.

of assistance to be provided to any lo(1) Interstate voluntary agreements.

cality the State in cooperation with loInterstate recipients may voluntarily

cal elected officials shall: agree to administration by a single State

(a) Identify and analyze their key provided that all affected States also

Issues, pressing problems, needs, prioragree to such an arrangement. Letters

ities, opportunities, and objectives; from the Governors of the affected States

(b) Identify the public and private ormust accompany the administering

ganizations, agencies and programs at State's notification to HUD along with

the various levels of government having the interstate's request for State admin

an impact on the localities, problems, istration.

Issues, etc.; (2) Agreement duration. State ad

(c) Evaluate their previous planning ministration shall be on an annual basis

efforts and progress; and substate applicants must reaffirm

(d) Identify their housing problems their intentions to the State annually.

and the status of their housing planning (1) Expenditure of funds. The grant

efforts, including housing opportunities will be available to the State only for for all income groups; the duration of the project period.

(e) Identify their environmental (m) Commitment of funds. After re

problems; ceiving from HUD the formal notification of grant approval, the State agency

(f) Meet workable program, relocamay commit and/or expend funds effec

tion, and similar planning requirements, tive with the beginning of the project

if desirable or advantageous to an asperiod and without further HUD con

sisted locality; currence. However, in the case of grants

(g) Secure other local background two counties having a population of

data as necessary for dealing adequately 50,000 or more located within metropoli

with their issues, problems and opportan areas, prior HUD concurrence is

tunities; and required.

(h) Evaluate the locality's fulfillment (n) State notification. Each State

of the "Assurances” required pursuant to

$ 600.75. shall notify its State central information

137 FR 6667, Apr. 1, 1972, as amended at reception agency of each subgrant that

39 FR 43386, Dec. 12, 1974) it awards within (7) days of the award, using Standard Form 240 (Notification

$ 600.130 Negotiations with HUD. of Grant-in-Aid Action), copies of State negotiations with HUD will focus which can be obtained from HUD. Three on:

(a) Relevance of the proposed pro physical, environmental, and governgram to specific statewide objectives and mental aspects of the planning jurisdiccritical problems of substate applicants; tion; and

(b) Past State agency performance in (3) Outstanding achievements, such managing the program, and achieving as new governmental policies and pubobjectives;

lic and private actions taken resulting (c) Substate applicant performance from the agency's work. and progress; and

(b) HUD review of agency evaluation. (d) State capability for providing a HUD review of evaluations made by revariety of planning assistance and cipients will be discussed at the time of services.

negotiations on new applications. The [37 FR 6667, Apr. 1, 1972, as amended at HUD review will cover: 39 FR 43386, Dec. 12, 1974)

(1) The recipient's performance in ad$600.135 State agency review and

ministering its program in accordance evaluation.

with all HUD requirements, including

these regulations; The State agency must review the

(2) The recipient's performance in planning activities of recipient areas on

completing its activities in a timely a continuing basis. The following spe

fashion; cific items must be reviewed:

(3) The recipient's progress toward the (a) The quality of the local planning

achievement of its identified objectives; work performed;

(4) The recipient's capability to un(b) The timeliness of the work per

dertake the activities for which assistformance;

ance is sought; (c) The recipients' coordination efforts;

(5) For States, the State's performance

in administering grants to substate ap(d) The quality of the citizen involvement in the planning effort;

plicants applying to the State for com(e) The value of the planning work

prehensive planning and management

assistance. in improving the chief executive's management capability; and

[37 FR 6667, Apr. 1, 1972, as amended at

39 FR 43388, Dec. 12, 1974) (f) The recipient's compliance with Equal Opportunities Requirements. $ 600.150 Coordination and intergovernSubpart E-Evaluation and

mental review procedures. Coordination Procedures

The following procedures required by

$$ 600.160 and 600.170 are established to $ 600.140 Purpose.

assure intergovernmental coordination This subpart sets forth procedures re

and review of planning and management quired to assure the evaluation of pro

programs proposed for assistance. grams and the coordination of assisted

$ 600.160 OMB Circular A-95 coordina. planning among agencies and govern

tion procedures. mental levels which may enhance or be affected by such planning.

In accordance with Office of Manage

ment and Budget Circular A-95, Part I, $ 600.145 Evaluation and review.

Project Notification and Review System, Certain evaluation and review proce applicants (except Federally recognized dures are established.

Indian tribal groups or bodies) are re(a) Evaluation. Required monitoring quired to notify the State and regional and reporting activities are defined in or metropolitan clearinghouse of the inChapter A of HUD Handbook CPM tent to submit an application to HUD or 6042.1A “Comprehensive Planning As to the State for comprehensive planning sistance Handbook II” (July 1971). With assistance. Indian tribal groups or bodies the Annual Program Completion Report are encouraged to use this procedure. described therein and required to be sub (a) The application notification will mitted, applicants must include a brief include a summary description of the evaluation statement that relates the work to be funded containing the folfollowing:

lowing information: (1) Agency progress in meeting the (1) The identity of the applicant Overal Program Design objectives; agency;

(2) Changes or impacts resulting from (2) The geographic location of the the agency's assisted work on the social, project to be assisted;

(3) A brief description of the work to be funded under the grant;

(4) The Federal program and agency under which assistance will be sought; and

(5) The estimated date by which time the applicant expects to formally file an application.

(b) When a State's applicant for Comprehensive Planning Assistance is not the designated State clearinghouse, the applicant agency shall notify the clearinghouse agency of its intention to submit an application.

(c) Interstate Regional Commissions submitting applications for a HUD Comprehensive Planning Assistance grant shall notify the Governors' and/or the designated State clearinghouse(s) of their intent to apply to HUD.

(d) Applicants must notify the appropriate State, regional, and metropolitan clearinghouses well in advance of the HUD negotiations conference. In no instance will applications be processed without having fulfilled the A-95 requirements. (37 FR 6667, Apr. 1, 1972, as amended at 39 FR 43386, Dec. 12, 1974) $ 600.165 Governors' review and com

ment. In addition to the A-95 notification, a substate applicant (including interstate agencies) applying directly to HUD shall submit a copy of its Overall Program Design to the Governor (or his designee responsible for the development of the sections of the State OPD applicable to the substate applicants).

(a) The purpose of the Governors' review and comment is to provide the Governor (or his designee) an opportunity to comment on the relationship of the applicant's OPD to the policies and objectives in the applicable section of the State OPD.

(b) The submission to the Governor shall be made 30 days prior to submission of the application to HUD. Governors' comments must be submitted to HUD within 45 days after receipt of a substate OPD. At the option of the Governor, an

alternative review and comment procedure may be used. [39 FR 43386, Dec. 12, 1974] $ 600.170 Overall Program Design re

view. (a) In addition to the A-95 review, referred to in $ 600.160, assisted agencies should submit a draft copy of the Overall Program Design to agencies likely to be asked to implement portions of the plans and programs or to agencies whose activities are likely to be substantially affected by the plans and programs; and to State, areawide, local, and Federal agencies and private agencies expected to contribute cash or services to the planning effort.

(b) Each nonmetropolitan areawide planning organization must submit a copy of its Overall Program Design to the chairman of the State Rural Development Committee of the U.S. Department of Agriculture, in accordance with agreed upon procedures between the State planning agency and the State rural development committee.

(c) Each areawide planning organization designated as an economic development district (EDD) or adjacent to an EDD must submit a copy of its Overall Program Design to the regional office of the Economic Development Administration, U.S. Department of Commerce.

(d) Each areawide planning organization designated as a local development district (LDD) must submit a copy of its Overall Program Design to the central office of the Appalachian Regional Commission.

(e) Coordination between areawide planning organization and large cities. Executive bodies of areawide planning organizations and the chief executive officials of cities over 50,000 population within the areawide jurisdiction must exchange draft Overall Program Designs for comment by the reciprocating office. Referral by the applicant areawide organization to the city executive and by applicant cities o their areawide organization is required in any case.

CORPORATION, DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

SUBCHAPTER A-GENERAL ?

Part

700

Bylaws.

710

SUBCHAPTER B-ASSISTANCE FOR NEW COMMUNITIES Guarantee of private obligations for financing new community land

development.

SUBCHAPTER A-GENERAL

PART 700_BYLAWS Sec. 700.1 Bylaws of the Corporation.

Appendix. AUTHORITY: The provisions of this Part 700 1ssued under secs. 726, 729 title VII of the Housing and Urban Development Act of 1970, 42 U.S.C. 4501 et seq.

SOURCE: The provisions of this part 700 appear at 37 F.R. 10666, May 26, 1972, unless otherwise noted. § 700.1 Bylaws of the Corporation.

The bylaws of the Community Development Corporation, duly adopted March 3, 1971, amended May 7, 1971, and hereby certified to, are set forth in the following appendix.

APPENDIX

of 1970, 42 U.S.C. 4511), and shall performa such additional functions, powers, and duties as the Secretary may prescribe from timo to time.

Sec. 1.03 Principal Office. The principal office of the Corporation shall be in the city of Washington, District of Columbia, and tho Corporation shall have offices at such other places as it may deem necessary or desirable in the conduct of its business.

SEC. 1.04 Seal. The seal of the Department of Housing and Urban Development (the "Department”) will serve as the seal of the Corporation and may be affixed to any documents by impression, facsimile. printing, rubber stamp, or otherwise.

SEC. 1.05 Fiscal year. The fiscal year of the Corporation shall end on the 30th day of June of each year.

ARTICLE 24 GENERAL POLICIES

ARTICL: 1- GENERAL PROVISIONS

SEC. 2.01 General policies. The Corporation shall carry out its functions, powers, and duties subject to the direction and supervision of the Secretary.

ARTICLE 3-THE BOARD OF DIRECTORS

SECTION 1.01 Name. The name of the corporation is the Community Development Corporation (the "Corporation").

SEC. 1.02 Functions, powers and duties. The Corporation shall perform the functions of the Secretary of Housing and Urban Development (the "Secretary") with respect to Part B of the Urban Growth and New Community Development Act of 1970 (title VII of the Housing and Urban Development Act

Sec. 3.01 Powers. Subject to Article 2, the Board of Directors shall have general supervision and direction of the Corporation and its officers.

SEC. 3.02 Composition, vacancies, etc. The Board of Directors shall consist of five

137 F.R. 10665, May 26, 1972.

members as follows: (1) The Secretary, who shall be Chairman of the Board; (2) the General Manager, who shall be appointed by the President of the United States by and with the advice and consent of the Senate and who shall serve at the pleasure of the President; (3) three persons appointed by the Secretary, who shall serve at his pleasure, not more than one of whom shall be selected from among officers and employees of the Department. Appointments to fill vacancies on the Board shall be in the same manner as the appointment of the vacating member.

Sec. 3.03 Regular meetings. Regular meetings of the Board shall be held without notice in the Secretary's conference room of the Department in the city of Washington, D.C., on the first Wednesday of each month, or if that day be a legal holiday, on the next succeeding business day, at 4 p.m., unless notice of another hour is given.

SEC. 3.04 Special meetings. Special meetIngs may be called at any time by the Chairman, the General Manager, or by the Chairman or the General Manager at the request of three Directors. Notice of such special meetings shall be given either personally or by mail, telegram, or telephone. A Director may waive in writing such notice as to himself; the presence of a Director at any meeting shall constitute & waiver of notice of such meeting. No notice of an adjourned meeting must be given.

SEC. 3.05 Quorum. At any meeting of the Board & quorum shall consist of three Directors, provided that at least one of such Directors shall be a Director appointed by the Secretary who is not an officer or employee of the Department. The act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board. A Director shall be considered present and may participate in any meeting of the Board by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other.

SEC. 3.06 Written action. Any act required or permitted to be taken at any meeting of the Board of Directors may be taken without a meeting it all members of the Board consent thereto in writing and the writing or writings are filled with the minutes or proceedings of the Board.

SEC. 3.07 Presiding officer. The Chairman shall preside at meetings of the Board. In the absence or unavailability of the Chairman, the General Manager shall preside. In the absence or unavailability of the Chairman and the General Manager, the Directors present at the meeting shall designate a presiding officer.

Sec. 3.08 Compensation. Members of the Board who ere regular, full-time officers or employees of the Federal Government shall

receive no additional compensation for their services as Board members. Other members shall receive for their services as members, when engaged in the performance of their duties, the per diem equivalent to the rate for level IV of the Federal Executive Salary Schedule under section 5315 of title 5 of the United States Code. Each member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 6703 of such title for persons in the Government service employed intermittently.

SEC. 3.09 Resignation. The three Directors appointed by the Secretary may resign at any time upon written notice to the Corporation and the Secretary.

SEC. 3.10 Interested Director; quorum. No contract or transaction between the Corporation and any other corporation, partnership, association, or other organization with respect to which & Corporation Director would be prohibited from acting under the provisions of 24 CFR Subtitle A, Part 0 shall be void or voidable solely for this reason, or solely because such Director is present at or participates in the meeting of the Board which authorizes the contract or transaction: Provided, That the material facts as to the relationship or interest of such Directors are first made known to the Board and the Board in good faith authorizes the contract or transaction by the afirmative votes of a majority of the disinterested Directors. An interested Director shall not vote on any such contract or transaction but may be counted in determining the presence of a quorum under section 3.05.

ARTICLE 4-OFFICERS

SEC. 4.01 Number and appointment. The officers of the Corporation shall consist of the General Manager, Deputy General Manager, Recording Secretary, General Counsel and such additional officers as the Board may deem necessary.

SEC. 4.02 General Manager. The General Manager shall be the chief executive officer, and under the general direction of the Board of Directors, shall have responsibility for executive management of the operation of the Corporation. Except as may be otherwise provided by the Secretary or by these Bylaws, the General Manager shall have the power and authority to perform all duties ordinarily Incident to the office of general manager and such other duties as may be assigned to him from time to time by the Board or the Secretary.

SEC. 4.03 Deputy General Manager. The Deputy General Manager shall perform such duties as may be specified from time to time by the Secretary or the General Manager, and, in the event of absence or disability of the General Manager, the Deputy General Manager shall perform his powers and duties.

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