tion of grant approval, the State agency may commit and/or expend funds effective with the beginning of the project period and without further HUD con

currence.

§ 600.125 Design of the State program for localities.

The State's planning and management services program shall be set forth in its Overall Program Design and shall:

(e) Describe the objectives of the State's planning and management services program. In establishing these objectives, due consideration should be given to the general goals of the Community Planning and Management Assistance Program as stated in § 600.5.

(b) Identify the criteria to be used in establishing priorities among localities requesting planning and management services (and for determining the particular mix of planning and management services to individual localities).

(c) Describe the procedures to be followed in assisting localities.

(d) Provide for the accomplishment of paragraphs (a) through (c) of this section and of § 600.128 with the cooperation of the locality. State Community Development Services may be employed as the vehicle for making the determinations and accomplishing the work involved in making them.

§ 600.128

Considerations in State assistance to localities.

In determining the nature and extent of assistance to be provided to any 10cality, the local work program shall with the cooperation of the elected officials of the locality:

(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;

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

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 governmental 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 assisted applicants will be reported and discussed at the time of negotiations concerning new applications. This review will cover prior work and proposed work as presented in a new application. The review will cover:

(1) The quality of work performed;

(2) The quality of proposed updating in the Overall Program Design and applicant objectives;

(3) The technical competence of applicant staff and consultants in completing previous work and in relation to proposed work;

(4) The adequacy of the applicant's administrative, fiscal and accounting procedures; and

(5) For States, the applicant's ability to identify and respond to needs of communities, to schedule and complete work in timely fashion and to maintain effective management of local assistance and services.

§ 600.150

Coordination and intergovernmental 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 coordination procedures.

In accordance with HUD procedures set forth in HUD Handbook CPM 04.1A, "Comprehensive Planning Assistance: Requirements and Guidelines for a Grant", and Office of Management and Budget Circular A-95 guidelines and procedures, established pursuant to section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, and Title IV of the Intergovernmental Co

operation Act of 1968, planning agencies must notify the State, regional or metropolitan clearinghouse of the intent to submit an applicant for HUD Comprehensive Planning Assistance.

(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;

(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) their intent to apply to HUD.

of

(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.

§ 600.170 Overall Program Design review.

(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 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.

between areawide

(e) Coordination 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 to their areawide organization is required in any case.

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 & 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 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.