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(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 137 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 timel 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; (b) The timeliness of the work per

(4) The recipient's capability to un

dertake the activities for which assistformance;

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

(5) For States, the State's performance (d) The quality of the citizen in

in administering grants to substate apvolvement 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

137 FR 6667, Apr. 1, 1972, as amended at (f) The recipient's compliance with

39 FR 43385, Dec. 12, 1974) Equal Opportunities Requirements. $ 600.150 Coordination and intergovern

mental review procedures.
Subpart E-Evaluation and
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. 137 FR 6667, Apr. 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.

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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 issued 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 ARTICLE 1- GENERAL PROVISIONS 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

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 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, facsimilo, 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 2-GENERAL POLICIES

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

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.

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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 & 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 11 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 oficer.

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 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 orga ation 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 affirmative votes of & 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.

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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.

SEC. 4.04 Recording Secretary. The Recording Secretary shall keep the minutes of all meetings of the Board and maintain the minute book, shall be the custodian of records and of the seal of the Corporation, shall give proper notice of meetings of Directors; and in general shall perform all the duties ordinarily Incident to the office of corporation secretary and such other duties as may be assigned to him by the Secretary or by the General Manager. The Recording Secretary is expressly empowered to attest all signatures and to affix the seal to all documents the execution of which on behalf of the Corporation under its seal is duly authorized.

SEC. 4.05 General Counsel. The General Counsel of the Department shall be the General Counsel of the Corporation and perform all legal work for the Corporation.

SEC. 4.06 Operations. Except as otherwise authorized by the Secretary or by the Board, the operations of the Corporation shall be

carried out through the facilities and personnel of the Department of Housing and Urban Development.

ARTICLE 5-BOOKS AND RECORDS SEC. 5.01 Records and books. The Board of Directors shall cause to be kept records of all proceedings of Directors and such other records and books as shall be necessary and appropriate to the conduct of the corporato business. Such records and books and these Bylaws shall be kept at the principal ofico of the Corporation.

ARTICLE 6-AMENDMENTS SEC. 6.01 Amendments. These bylaws may be amended or altered by a majority vote, which majority must include the vote of the Secretary, of the Board of Directors at any meeting, provided that notice of such proposed amendment shall have been given in the notice given to the Directors of such meeting.

SUBCHAPTER B-ASSISTANCE FOR NEW COMMUNITIES

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Subpart B-New Community Criteria and

Standards 710.5 General criteria for new communi

ties. 710.6 Specific characteristics of a new com

munity. 710.7 Other requirements for new com

munity development.
Subpart Financial and Economic Criteria

and Standards 710.8 Economic feasibility. 710.9 General financial plan and program. 710.10 Maximum Federal guarantee. 710.11 Land valuation. 710.12 Cost estimation. 710.13 Terms and conditions of borrowing. 710.14 Equity and working capital. 710.15 Security for the guarantee. 710.16 Terms and conditions of payment

under the guarantee.

Subpart D-Procedures 710.18 Preapplication proposal. 710.19 Application. 710.20 Project agreement. 710.21 Issuance of guaranteed obligations. 710.22 Project execution and monitoring.

Subpart E--Fee and Charge Schedule Sec. 710.24 Application charge. 710.25 Commitment charge. 710.26 Reopening charges. 710.27 Guarantee fee. 710.28 Annual fee. 710.29 Transfer charge.

AUTHORITY: The provisions of this part 710 issued under secs. 413, 7(d), 82 Stat. 517, 79 Stat. 670; 42 U.S.C. 3912, 3535(d).

SOURCE: The provisions of this part 710 appear at 36 F.R. 24733, Dec. 22, 1971, unless otherwise noted.

Subpart A-General $710.1 Statement of applicable law.

(a) The New Communities Act of 1968 (42 U.S.C. 3901-3914) authorizes the Secretary of Housing and Urban Development to guarantee obligations issued by private developers to help finance new community development projects. It also authorizes the Secretary to make grants to State and local public bodies and agencies to supplement the Federal assistance that is otherwise available for certain water, sewer, or open-space projects if these projects are needed or desirable in connection with an approved new community project which will make available a substantial number of housing units for persons of low and moderate income. The amount of such grants may not exceed 20 percent of project costs,

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