(e) "Department" and "HUD" each mean Department of Housing and Urban Development.

(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 an areawide planning organization designated as a clearinghouse, pursuant to Part I of OMB Circular No. A-95, for a metropolitan area.

(j) "Ongoing comprehensive planning process" means a process, which includes chief executive leadership, coordination and citizen participation where major plans, policies, priorities, or objectives are being determined, that involves the development and subsequent modification of a comprehensive plan and provides for 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 §§ 600.70 600.72.

and

(k) "Policy-planning-evaluation capacity" means the development on the part of a recipient of the analytical ability to identify its problems and needs more rationally, set long-term policy goals and short-term policy objectives for meeting its needs, devise programs and activities to meet those policy goals and objectives, and evaluate its progress

towards meeting those goals and objectives (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 decisionmaking; devising programs and reorganizing governmental structures; and strengthening the capacity for analyzing the impact of programs in meeting policy objectives).

(1) "Professionally competant 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 area wide planning organizations.

(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 approval as such by HUD pursuant to the regulations issued under

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

[39 FR 43379, Dec. 12, 1974]

§ 600.10 Financial support.

(a) Comprehensive planning assistance grants shall not exceed two-thirds of the total cost of eligible activities.

(b) Non-Federal share: The nonFederal share of the total cost of assisted activities may be provided in the form of cash and/or services from the applicant, or from other non-Federal sources.

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

cases.

(d) 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.

(e) 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 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

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

[37 FR. 6667, Apr. 1, 1972, as amended at 37 FR 24345, Nov. 16, 1972; 39 FR 43379, Dec. 12, 1974]

§ 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 professionally competent staff to carry out the program for which assistance is sought.

(c) Employment standards. Each areawide planning organization must establish standards for the recruitment

and retention of personnel consonant with or superior to 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.

[39 FR 43380, Dec. 12, 1974]

§ 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 members of staffs of eligible applicants.

(b) Maximum costs. Except for workstudy programs, the total cost of an inservice training program shall not exceed 5 percent of the agency's total grant under the Comprehensive Planning Assistance Program for any 1 year.

§ 600.25 Who may be assisted.

Grants may be made by HUD to the following:

(a) States for State, interstate, metropolitan, district or regional activities;

(b) States for the provision of planning and management assistance to localities, large cities, urban counties, Indian tribal groups or bodies, and metropolitan and nonmetropolitan areawide planning organizations;

(c) Large cities;

(d) Urban counties;

(e) Metropolitan clearinghouses;
(f) Councils of Governments;

(g) Indian tribal groups or bodies; and (h) Other governmental applicants having special planning needs related to the purpose of section 701 of the Housing Act of 1954, as amended, to the extent that these needs cannot otherwise be adequately met.

[39 FR 43380, Dec. 12, 1974]

§ 600.30 Legal status and authority. Applicants must:

(a) Be authorized by State law or interstate compact or other agreement to perform the comprehensive planning 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 statewide 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.

(g) 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 organizations.

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 (SMSA) plus any contiguous county or counties now urbanized or likely to become urbanized in the foreseable future. Where feasible, contiguous SMSA's should be included in the same metropolitan areawide planning jurisdiction. Where the State has established substate planning and devlopment 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) Unless specifically prohibited by State law, areawide planning organizations shall meet the following areawide organizational requirements:

(i) 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 for:

(a) Establishing goals, objectives and policies, evaluating programs for achieving their objectives, and providing for program balance and coordination in response to State and local needs and priorities;

(b) Providing an overall framework and guide for the preparation of functional and project plans; and

(c) Providing 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.

[37 FR 6667, Apr. 1, 1972, as amended at 39 FR 43380, Dec. 12, 1974]

§ 600.45 Assistance to large cities.

(a) Eligibility. The eligible applicant is the City. One or more city agencies may be designated by the Chief Executive Officer to undertake the comprehensive planning and management assistance program in whole or in part. Notwithstanding such designations, the city 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 city. Such designations do not relieve the city of its responsibilities in assuring the administration of the program in accordance with all HUD requirements, including these regulations.

(b) Planning area. The planning area shall include the entire geographic area of the city plus any contiguous territory over which the city has authority for planning or review purposes.

[39 FR 43381, Dec. 12, 1974]

§ 600.47 Assistance to urban counties.

(a) Eligibility. The eligible applicant is the county. One or more county agencies may be designated by the Chief Executive Officer to undertake the comprehensive planning and management assistance program in whole or in part. Notwithstanding such designations, the county 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 county. Such designations do not relieve the county of its responsibilities in assuring the administration of the program in accordance with all HUD requirements, including these regulations.

(b) Planning area. The planning area shall include, at a minimum, the unincorporated areas over which the county government has statutory or other authority for planning purposes.

[39 FR 43381, Dec. 12, 1974] § 600.48

Assistance groups or bodies.

to

Indian tribal

The eligible applicant is the Indian tribal group or body. One or more Indian agencies may be designated by the Chief Executive Officer to undertake the comprehensive planning and management assistance program in whole or in part. Notwithstanding such designations, the

Indian tribal group or body 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 Indian tribal group or body. Such designations do not relieve the Indian tribal group or body of its responsibiliues in assuring the administration of the program in accordance with all HUD requirements, including these regulations. [39 FR 43381, Dec. 12, 1974]

§ 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 Federal impacts upon the economic, social, physical and governmental structure caused by: (i) Rapid urbanization due to establishment of rapid and substantial expansion of a Federal installation; or

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

(iii) 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;

(ii) The application shall be reviewed and commented upon by the designated

State disaster relief agency (if such agency exists), as prescribed in the Disaster Relief Act of 1974, and

(iii) Any assisted planning work leading to short range actions to recovery from the disaster shall be coordinated with the State between State planning agencies and State disaster relief agencies.

(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.

[39 FR 43381, Dec. 12, 1974]

§ 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 as part of their assisted comprehensive planning work 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) Improve the use and conservation of existing resources;

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

(4) Respond to changing economic conditions;

(5) Modernize or reorganize State and local governmental institutions and areawide structures to address development issues and to provide more responsive service delivery systems;

(6) Analyze, recommend and evaluate fiscal policies and arrangements for improving governmental services and facilities;

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

(8) Establish a framework for coordinating intergovernmental planning and