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(k) Voluntary agreements. Substate applicants who are eligible to apply directly to HUD may decide to voluntarily enter into mutual agreements with States providing for State administration of 701 grant funds. Substate applicants are advised to familiarize themselves with the section of the State OPD applicable to them. The Substate applicant's decision must be communicated to the State in writing and endorsed by the Chief Executive Officer, or in the case of an areawide planning organization, the highest policy officer. Once a substate applicant has committed itself in the manner indicated above, it may not change its decision during the Federal fiscal year in question. The State shall accept or reject substate requests for State administration and notify HUD by the date annually established by HUD. The State notification to HUD must identify the applicants to be assisted by the State and include copies of the substate applicant requests endorsed as noted above.

(1) Interstate voluntary agreements. Interstate recipients may voluntarily agree to administration by a single State provided that all affected States also agree to such an arrangement. Letters from the Governors of the affected States must accompany the administering State's notification to HUD along with the interstate's request for State administration.

(2) Agreement duration. State administration shall be on an annual basis and substate applicants must reaffirm their intentions to the State annually.

(1) Expenditure of funds. The grant will be available to the State only for the duration of the project period.

(m) Commitment of funds. After receiving from HUD the formal notification of grant approval, the State agency may commit and/or expend funds effective with the beginning of the project period and without further HUD concurrence. However, in the case of grants two counties having a population of 50,000 or more located within metropolitan areas, prior HUD concurrence is required.

(n) State notification. Each State shall notify its State central information reception agency of each subgrant that it awards within (7) days of the award, using Standard Form 240 (Notification of Grant-in-Aid Action), copies of which can be obtained from HUD. Three

copies of the notification shall be submitted to HUD along with a copy of the annual work program summary and the organizational characteristics statement for areawide (metropolitan and nonmetropolitan) planning organizations, urban counties, and large cities, and a copy of the description of work or scope of services for localities. The Standard Form 240 (line 3) should indicate the Federal grantor (HUD) and the State grantor. Lines 13, 14 and 15 need not be completed. The State shall also indicate in line 16 (Remarks) the county within which the subgrantee is located and, for areawide planning organizations, the counties of jurisdiction, and the population of the jurisdiction or organization being assisted.

[39 FR 43385, Dec. 12, 1974] [Reserved].

§ 600.125 § 600.128

Considerations in State assistance to localities.

In determining the nature and extent of assistance to be provided to any locality the State in cooperation with local elected officials shall:

(a) Identify and analyze their key issues, pressing problems, needs, priorities, opportunities, and objectives;

(b) Identify the public and private organizations, agencies and programs at the various levels of government having an impact on the localities, problems, issues, etc.;

(c) Evaluate their previous planning efforts and progress;

(d) Identify their housing problems and the status of their housing planning efforts, including housing opportunities for all income groups;

(e) Identify their environmental problems;

(f) Meet workable program, relocation, and similar planning requirements, if desirable or advantageous to an assisted locality;

(g) Secure other local background data as necessary for dealing adequately with their issues, problems and opportunities; and

(h) Evaluate the locality's fulfillment of the "Assurances" required pursuant to § 600.75.

[37 FR 6667, Apr. 1, 1972, as amended at 39 FR 43386, Dec. 12, 1974]

§ 600.130 Negotiations with HUD.

State negotiations with HUD will focus


(a) Relevance of the proposed program to specific statewide objectives and critical problems of substate applicants;

(b) Past State agency performance in managing the program, and achieving objectives;

(c) Substate applicant performance and progress; and

(d) State capability for providing a variety of planning assistance and services. 137 FR 6667, Apr. 1, 1972, as amended at 39 FR 43386, Dec. 12, 1974) $600.135 State agency review and

evaluation. The State agency must review the planning activities of recipient areas on a continuing basis. The following specific items must be reviewed:

(a) The quality of the local planning work performed;

(b) The timeliness of the work performance;

(c) The recipients' coordination efforts;

(d) The quality of the citizen involvement in the planning effort;

(e) The value of the planning work in improving the chief executive's management capability; and

(f) The recipient's compliance with Equal Opportunities Requirements.

Subpart E-Evaluation and

Coordination Procedures $ 600.140 Purpose.

This subpart sets forth procedures required to assure the evaluation of programs and the coordination of assisted planning among agencies and governmental levels which may enhance or be affected by such planning. $ 600.145 Evaluation and review.

Certain evaluation and review procedures are established.

(a) Evaluation. Required monitoring and reporting activities are defined in Chapter A of HUD Handbook CPM 6042.1A “Comprehensive Planning Assistance Handbook II(July 1971). With the Annual Program Completion Report described therein and required to be submitted, applicants must include a brief evaluation statement that relates the following:

(1) Agency progress in meeting the Overal Program Design objectives;

(2) Changes or impacts resulting from the agency's assisted work on the social,

physical, environmental, and govemmental aspects of the planning jurisdiction; and

(3) Outstanding achievements, such as new governmental policies and public and private actions taken resulting from the agency's work.

(b) HUD review of agency evaluation. HUD review of evaluations made by recipients will be discussed at the time of negotiations on new applications. The HUD review will cover:

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

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

(3) The recipient's progress toward the achievement of its identified objectives;

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

(5) For States, the State's performance in administering grants to substate applicants applying to the State for comprehensive planning and management assistance. 137 FR 6667, Apr. 1, 1972, as amended at 39 FR 43389, Dec. 12, 1974) $ 600.150 Coordination and intergovern

mental review procedures. The following procedures required by $$ 600.160 and 600.170 are established to assure intergovernmental coordination and review of planning and management programs proposed for assistance. $ 600.160 OMB Circular A-95 coordina.

tion procedures. In accordance with Office of Management and Budget Circular A-95, Part I, Project Notification and Review System, applicants (except Federally recognized Indian tribal groups or bodies) are required to notify the State and regional or metropolitan clearinghouse of the intent to submit an application to HUD or to the State for comprehensive planning assistance. Indian tribal groups or bodies are encouraged to use this procedure.

(a) The application notification will include a summary description of the work to be funded containing the following information:

(1) The identity of the applicant agency;

(2) The geographic location of the project to be assisted;

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(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. 137 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 area wide 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 ofice 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.

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710 Guarantee of private obligations for financing new community land development.




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

SEC. 1.03 Principal Office. The principal office of the Corporation shall be in the city of Washington, District of Columbia, and the 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.


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


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 Ave

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 a 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 a 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 if all members of the Board consent thereto in writing and the writing or writings are filed 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 are 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 5703 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 a Corporation Director would be prohibited from acting under the provisions of 24 CFR Subtitle A, Part 0 shall be vold 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 affirmative 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.


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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