Page images

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


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 responsibilities 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 plicants 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 th esult 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, 19741 $ 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 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

development activities and public and (7) Preparation of regulatory and adprivate development; and

ministrative measures in support of the (9) Implement a comprehensive plan foregoing; or part thereof or related plans or (d) Conduct studies and research replanning.

lating to needed revisions in State stat(b) Develop energy conservation utes which create, govern or control measures and provide for the rational local governments and local governmendevelopment of areas impacted by new tal operations; energy extraction efforts or related activ- (e) Devise methods for obtaining efities;

fective citizen participation, pursuant to (c) Develop and carry out a compre- $600.80, in the determination of major hensive plan, as part of an on-going plans, policies, priorities or objectives; comprehensive planning process, which (f) Devise methods for achieving equal includes, but is not limited to the follow- opportunity through the planning ing:

process; (1) Preparation, as a guide for gov- (g) Develop an environmental review ernmental policies and action, of general system; plans with respect to:

(h) Meet and carry out other HUD (i) Land use planning activities nec- program objectives or requirements inessary to satisfy the land use element re- cluding, but not limited to, the following: quirement of $ 600.72;

(1) Community development and (ii) Housing planning activities nec- housing program planning; essary to satisfy the housing element re- (2) New community planning; quirement of $ 600.70;

(3) Preparation of flood control (iii) The provision of public facilities studies and flood plain management (including transportation facilities) and measures to meet the standards for eliother governmental services; and

gibility under the National Flood Insur(iv) The effective development and ance Program; utilization of human and natural (4) Disaster mitigation and hazard resources;

reduction planning; and (2) Identification and analysis of area (5) Support for national growth and needs (including housing, employment, urban development objectives. education and health) and formulation (i) Support State services to substate of specific programs for meeting the applicants including, but not limited to: needs so identified;

(1) Direct technical assistance to local

or areawide officials on problems of com(3) Survey of structures, districts and

munity development; sites which are determined by the ap

(2) Advice on pending development depropriate authorities to be of historic or

cisions; architectural value, including:

(3) Professional studies concerning (i) Identification of historic struc

local development problems, objectives, tures and sites; and

alternatives, and priorities, and organiza(ii) Development of other information tional and administrative processes; and needed for, or appropriate to, a balanced (4) Preparation of technical guides and effective program of historic preser- and manuals dealing with planning, provation;

gramming, or managament of public (4) Long-range physical and fiscal

services, facilities, and resources; or sugplanning as a guide for governmental gesting new approaches to concerns such policy and action;

as housing, community relations, or capi(5) Programming of capital improve

tal improvement programming. ments and other major expenditures,

[39 FR 43381, Dec. 12, 1974) based on a determination of relative $ 600.58 Ineligible activities: all appliurgency, together with definite financing

cants. plans for such expenditures in the earlier Applicants, as part of their assisted years of the improvement program; Comprehensive Planning work, may not

(6) Coordination of all related plans include the following: and activities (including A-95 activities (a) Acquisition, construction, repair, or and code and regulatory activities affect- rehabilitation of, or the preparation of ing community development and hous- engineering drawings or similar detailed ing) of the State and local governments specifications for, specific housing, capiand agencies concerned; and

tal facilities or public works projects;

(i) "

(ii) "

(b) Routine administrative activities process, since comprehensive planning is not allowable under HUD Handbook II, & major means for accomplishing com6042.1 Rev. (para. 3-16) or related to the munity development on a sound environpurposes of the grant, and direct admin- mental basis; and istration of governmental programs;

(3) Achieve those goals set forth in (c) Multi-colored, odd-sized or glossy the National Environmental Policy Act reports, except when multiple colors are of 1969 (section 101), some of which are: required on maps to distinguish features,

assure for all Americans uses or other differences;

safe, healthful, productive and aestheti(d) Political activities; and

cally and culturally pleasing sur(e) Assistance to businesses in relo- roundings; cating to the detriment of communities

• Attain the widest range where businesses currently are located of beneficial uses of the environment and assistance to subcontractors in ac- without degradation, risk to health or quiring business customarily performed safety, or other undesirable and uninby other subcontractors.

tended consequences; [37 FR 6667, Apr. 1, 1972, as amended at (ii) “* * Achieve a balance between 39 FR 43382, Dec. 12, 1974)

population and resource use which per$ 600.59 Waivers.

mit high standards of living and a wide

sharing of life's amenities.” The Assistant Secretary for Communi

(b) Inclusion of environmental planty Planning and Development may waive ning in the comprehensive planning any Section, or part thereof, of the regu

process. Each applicant in the developlations in this part not required by law

mental planning aspects of its assisted whenever he determines that:

comprehensive planning work should: (a) A planning need exists which can

(1) Identify salient elements of the not otherwise be adequately met and

natural and the man-made environwhere the application of such require

ments, their interrelationships, and mament would adversely affect the purposes

jor problems and/or opportunities they of the planning assistance; or

present for community development; (b) Such requirement would inhibit

(2) Assess those environmental faceffective and efficient administration of

tors which will: Integrated Grant Administration (IGA)

(1) Minimize or prevent undue damor other joint funding projects.

age, unwise use, or unwarranted pre(39 FR 43382, Dec. 12, 1974)

empting of natural resources and opSubpart B-Special Requirements


(11) Recognize and make prudent al$ 600.60 Purpose.

lowance for major latent environmental The purpose of this subpart is to de- dangers or risks (e.g. floods, mud slides, scribe special requirements that appli

earthquakes, air and water pollution); cants must comply with to receive Com

and prehensive Planning Assistance.

(iii) Foster the human benefits ob

tainable from use of the natural environ$ 600.65 Environmental considerations.

ment by wise use of the opportunities HUD requires that planning activities available (e.g. use of natural drainage funded under the Comprehensive Plan- systems for park and recreational ning Assistance Program be conducted areas); and in full accord with the policies and pro

(3) Seek, under the above policies and visions of the National Environmental goals, to: Policy Act of 1969 (Public Law 91-190). (1) Avoid adverse environmental im

(a) Environmental goals. The environ- pacts on neighborhood or community mental goals of the Comprehensive Plan- areas through the planning and careful ning Assistance Program are to:

location and development of community (1) Improve and conserve the quality

facilities; of the air, water and earth resources for

(ii) Provide environmental amenities

to all areas being planned for, and access the benefit of present and future genera

to such amenities; and tions in the planning and shaping of

(11) Equalize the impact and burden man-made environments;

of community change and development (2) Assure that environmental con- on living areas, rather than concentrate cern and awareness becomes an integral them in areas where "sites are cheap"; part of the comprehensive planning and

(4) Incorporate State environmental policies and standards, particularly those developed in response to Federal law regarding protection on air and water quality and control and abatement of noise.

(c) Environmental assessment. Each applicant shall prepare an environmental assessment when the assisted work program will result in developmental plans or policies for land use, major community facilities, major utility systems, major transportation systems or the protection of natural areas (estuaries, coastal zones, etc.). The assessment, which shall not be written as a justification for any proposed project, program, task or policy, must:

(1) Include the following:

(1) A summary or abstract of the proposed plan(s) or policies;

(i) The environmental impact (beneficial as well as adverse) of the proposed plan(s) or policies, if they are carried out;

(iii) Any adverse environmental effects which cannot be avoided should the proposed plan(s) or policies be implemented;

(iv) Alternatives to the proposed plan(s) or policies and an analysis of those alternatives;

(v) The relationship, under the proposed plan(s) or policies, between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity;

(vi) Any irreversible and irretrievable commitments of resources which would be involved if the proposed plan(s) or policies should be implemented; and

(vii) A statement setting forth applicable Federal, State and local environmental controls;

(2) Be appended to the resulting proposed plan and accompany the plan through all deliberatons leading to approval and subsequent amendment; and

(3) Be available to the public on a timely basis, including availability before public hearings regarding the plan. $ 600.66 Historic preservation consider

ations. (a) Requirement. HUD requires that planning activities funded under section 701 of the Housing Act of 1954, as amended, be carried out in accord with section 106 of the National Historic Preservation Act of 1966 and section 110(b) (4) of the National Environmental Policy Act of 1969.

(b) Goal. The goal is the preservation and enhancement of historic and cultural districts, sites, buildings, structures and objects, which are significant in American history, architecture, archeology and culture.

(c) Inclusion of historic preservation and enhancement in the comprehensive planning process. Each applicant should:

(1) Seek, pursuant to the goals and policies of this section, to avoid adverse impacts on properties nominated to or listed in the National Register of Historic Places.

(2) Consult with the appropriate State Historic Preservation Officer, designated under agreements between the State and the Secretary of Interior, concerning criteria, standards, and procedures which should be used to avoid adverse impacts on National Register properties in the planning process.

(d) Historic preservation assessment. Each recipient shall prepare a historic preservation assessment when the assisted activities includes the preparation of plans or policies for development which may impact National Register properties. Such assessment shall:

(1) Include the following:

(i) A summary or abstract of the proposed plans or policies;

(ii) The impact (beneficial and adverse) of the proposed plans or policies, if they are carried out;

(iii) Any adverse impacts which cannot be avoided should the proposed plans or policies be carried out;

(iv) Alternatives to the proposed plans or policies;

(v) The impact of proposed plans and policies on the long-term maintenance and enhancement of National Register properties; and

(vi) A statement setting forth applicable Federal, State and local controls or programs for conserving and enhancing historical properties.

(2) Be appended to the resulting proposed plan or policy and accompany the plan or policy through all local deliberations leading to approval and any subsequent amendment of the plan or policy; and

(3) Be available to the public on a timely basis, including availability prior to any public hearings regarding the plan or policy. 139 FR 43382, Dec. 12, 1974)

« PreviousContinue »