EVALUATION, REVIEW, AND COORDINATION OF FEDERAL AND FEDERALLY ASSISTED PROGRAMS AND PROJECTS

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CIA-RDP86-00244R000100200035-6
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RIFPUB
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K
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36
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 9, 2000
Sequence Number: 
35
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Publication Date: 
February 9, 1971
Content Type: 
REGULATION
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Approved For FI f'~/: &ArfJ@FF*g1t000100200035-6 OFFICE OF MANAGEMENT AND BUDGET *0MB Waiver Letter In ERU FIIe* February 9, 1971 CIRCULAR NO. A-95 Revised TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Evaluation, review, and coordination of Federal and federally assisted programs and projects 1. Purpose. This Circular furnishes guidance to Federal agencies for added cooperation with State and local govern- ments in the evaluation, review, and coordination of Federal assistance programs and projects. The Circular promulgates regulations (Attachment A) which provide, in part, for: a. Encouraging the establishment of a project notifica- tion and review system to facilitate coordinated planning on an intergovernmental basis for certain Federal assistance programs in furtherance of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 and Title IV of the Intergovernmental Cooperation Act of 1968 (Attach- ment B). b. Coordination of direct Federal development programs and projects with State, regional, and local planning and programs pursuant to Title IV of the Intergovernmental Cooperation Act of 1968. c. Securing the comments and views of State and local agencies which are authorized to develop and enforce environ- mental standards on certain Federal or federally assisted projects affecting the environment pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969 (Attachment C) and regulations of the Council on Environmental Quality. This Circular supersedes Circular No. A-95, dated July 24, 1969, as amended by Transmittal Memorandum No. 1, dated December 27, 1969. It will become effective April 1, 1971. (No. A-95) OL 1 2023 Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-OO R000100200035-6 2. Basis. This Circular has been prepared pursuant to:: a. Section 401(a) of the Intergovernmental Cooperation Act of 1968 which provides, in part, that "The President shall . . . establish rules and regulations governing the formulation, evaluation, and review of Federal. programs and projects having a significant impact on ,area and community develop- ment . . . " and the President's Memorandum of November 8, 1968, to the Director of the Bureau of the Budget ("Federal Register," Vol. 33, No. 221, November 13, 1968) which provides: "By virtue of the authority vested in me by section 301 of title 3 of the United States Code and section 401(a) of the Intergovernmental Coop- eration Act of 1968 (Public Law 90-577), I hereby delegate to you the authority vested in the President to establish the rules and regulations provided for in that section governing the formulation, evaluation, and review of Federal. programs and projects having a. significant impact on. area and community development., including programs providing Federal. assistance to the States and localities, to the end that they shall most effectively serve these basic objectives. "in addition, I expect the Bureau of the Budget to generally coordinate the actions of the depart- ments and agencies in exercising the new authoriza- tions provided by the Intergovernmental Cooperation Act, with the objective of consistent and uniform action by the Federal Government." b. Title IV, section 403, of the Intergovernmental Coop- eration Act of 1968 which provides that: "The Bureau of the Budget, or such other agency as may be designated by the President, shall prescribe such rules and regulations as are deemed appropriate for the effective administration of this Title." (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-00 R000100200935-6 c. Section 204 (c) of the Demonstration Cities and Metropolitan Development Act of 1966 which provides that: "The Bureau of the Budget, or such other agency as may be designated by the President, shall pre- scribe such rules and regulations as are deemed appropriate for the effective administration of this section," and d. Reorganization Plan No. 2 of 1970 and Executive Order No. 11541 of July 1, 1970, which vest all functions of the Bureau of the Budget or the Director of the Bureau of the Budget in the Director of the Office of Management and Budget. 3. Coverage. The regulations promulgated by this Circular (Attachment A) will have applicability to: a. Under Part I, all projects (or significant changes thereto) for which Federal assistance is being sought under the programs listed in Attachment D. Limitations and provi- sion for exceptions are noted therein. b. Under Part II, all direct Federal development activi- ties, including the acquisition, use, and disposal of Federal real property. c. Under Part III, all Federal programs requiring, by statute or administrative regulation, a State plan as a condition of assistance. d. Under Part IV, all Federal programs providing assist- ance to State, local, and regional projects and activities that are planned on a multijurisdictional basis. 4. Inquiries. Inquiries concerning this Circular may be addressed to the Office of Management and Budget, Washington, D. C. 20503, telephone (202) 395-3031 (Government dial code 103-3031). GEORGE P. SHULTZ Director (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Relwr5e 2001/04/05: CIA-RDP86-002 MQ5-6 Circular No. A-95 Revised REGULATIONS UNDER SECTION 204 OF THE DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966, TITLE IV OF THE INTERGOVERNMENTAL COOPERATION ACT OF 1968, AND SECTION 102 (2)(C) OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 PART I: PROJECT NOTIFICATION AND REVIEW SYSTEM 1. Purpose. The purpose of this Part is to: a. Further the policies and directives of Title IV of the Intergovernmental Cooperation Act of 1968 by encouraging the establishment of a network of State, regional, and metro- politan planning and development clearinghouses which will aid in the coordination of Federal or federally assisted projects and programs with State, regional, and local planning for orderly growth and developments b. Implement the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 for metropolitan areas within that network; C. Implement, in part, requirements of section 102(2)(C) of the National Enviromental Policy Act of 1969, which require State and local views of the environmental impact of Federal or federally assisted projects; d. Encourage, by means of early contact between applicants for Federal assistance and State and local governments and agencies, an expeditious process of intergovernmental coordi- nation and review of proposed projects. 2. Notification. a. Any agency of State or local government or any organization or individual undertaking to apply for assist- ance to a project under a Federal program listed in Attachment D will be required to notify the planning and development clearinghouse of the State (or States) and the region, if there is one, or of the metropolitan area in which the project is to be located, of its intent to apply for assistance. Notification (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 2 Approved For Release 2001/04/05: CIA-RDP86-00 4 R000100200035-6 will be accompanied by a summary description of the project for which assistance will be sought. The summary description will contain the following :information: (1) Identity of the applicant. agency, organization, or individual.. (2) The geographic location of the project to be assisted. (3) A brief description of the proposed project by type, purpose, general size or scale, estimated cost, bene- ficiaries, or other characteristics which will enable the clearinghouses to identify agencies of State or local govern- ment having plans, programs, or projects that might be affected by the proposed projects. (4) A brief statement of whether or not an environ- mental impact statement is required and, if so, an indication of the nature and extent of environmental impact anticipated. (5) The Federal program and agency under which. assis- tance will be sought as indicated in the Catalog of Federal Domestic Assistance (April 1.970 and subsequent editions). (6) The estimated date by which time the applicant expects to formally file an application. Many clearinghouses have developed notification forms and instructions. Applicants are urged to contact their clearing- houses for such information in order to expedite clearinghouse review. b. In order to assure maximum time for effective coordi- nation and so as not to delay the timely submission of the completed application to the Federal agency, such notifications should be sent at the earliest feasible time. 3. clearinghouse functions. Clearinghouse functions include: a. Evaluating the significance of proposed Federal or federally assisted projects to State, areawide or local plans and programs, as appropriate. Approved For Release ( aO1/Q4/45) : CIA-RDP86-00244R000100200035-6 Approved For Rel'sese 2001/04/05: CIA-RDP86-002*4R000100200035-6 3 b. Receiving and disseminating project notifications to appropriate State agencies in the case of the State clearinghouse and to appropriate local governments and agencies in the case of regional or metropolitan clearinghouses; and providing liaison, as may be necessary, between such agencies or bodies and the applicant. c. Assuring, pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, that appropriate State, metropolitan, regional, or local agencies which are authorized to develop and enforce environmental standards are informed of and are given opportunity to review and comment on the environmental significance of proposed projects for which Federal assistance is sought. d. Providing, pursuant to Part II of these regulations, liaison between Federal agencies contemplating direct Federal development projects and the State or areawide agencies or local governments having plans or programs that might be affected by the proposed project. 4. Consultation and review a. State, metropolitan, and regional clearinghouses may have a period of 30 days after receipt of a project notifica- tion in which to inform State agencies, other local or regional bodies, etc., that may be affected by the project (including agencies authorized to develop and enforce environmental standards) and to arrange, as may be necessary, to consult with the applicant on the proposed project. b. During this period and during the period in which the application is being completed, the clearinghouse may work with the applicant in the resolution of any problems raised by the proposed project. c. Clearinghouses may have, if necessary, an additional 30 days to review the completed application and to transmit to the applicant any comments or recommendations the clearing- house (or others) may have. d. In the case of a project for which Federal assistance is sought by a special purpose unit of government, clearing- houses will assure that any unit of general local government, (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 4 Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 having jurisdiction over the area in which the project is to be located, has opportunity to confer, consult, and comment upon the project and the application. e. Applicants will include with the completed application as submitted to the Federal agency: (1) Any comments and recommendations made by or through clearinghouses, along with a statement that such comments have been considered prior to submission of the application; or (2) A statement that: the procedures outlined in this section have been followed and that no comments or recommenda- tions have been received. f.. Where regional or metropolitan areas are contiguous, coordinative arrangements should be established between the clearinghouses in such areas to assure that projects in one area which may have an impact on. the development of a contig- uous area are jointly studied. Any comments and recommenda- tions made by or through a clearinghouse in one area on a project in a contiguous area will accompany the application for assistance to that project,. 5. Subject matter of comments and recommendations. Comments and recommendations made by or through clearinghouses with respect to any project are. for the purpose of assuring maxi- mum consistency of such project with State, regional and local comprehensive plans. They are also intended to assist the Federal agency (or State agency, in the case of projects for which the State under certain Federal grants has final proj- ect approval) administering such a program in determining whether the project is in accord with applicable Federal law. Comments or recommendations, as may be appropriate, may include information about: a. The extent to which the project is consistent with or contributes to the fulfillment of comprehensive planning for the State, region, metropolitan area, or locality. b. The extent to which the project contributes to the achievement of State, regional, metropolitan, and local objec- tives as specified in section 401(a) of the Intergovernmental Cooperation Act of 1968, as follows: Approved For ReleasO200f10*kt5 : CIA-RDP86-00244R000100200035-6 Approved For Relaese 2001/04/05: CIA-RDP86-00R000100200035-65 (1) Appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes; (2) Wise development and conservation of natural resources, including land, water, minerals, wildlife, and others; (3) Balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other modes for the movement of people and goods; (4) Adequate outdoor recreation and open space; (5) Protection of areas of unique natural beauty, historical and scientific interest; (6) Properly planned community facilities, including utilities for the supply of power, water, and communications, for the safe disposal of wastes, and for other purposes; and (7) Concern for high standards of design. C. As provided under section 102(2)(C) of the National Environmental Policy Act of 1969, the extent to which the project significantly affects the environment including consideration of: (1) The environmental impact of the proposed project; (2) Any adverse environmental effects which cannot be avoided should the proposed project be implemented; (3) Alternatives to the proposed project; (4) The relationship between local short term uses of man's environment and the maintenance and enhancement of long term productivity; and (5) Any irreversible and irretrievable commitments of resources which would be involved in the proposed project or action, should it be implemented. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-00244 R000100200035-6 d. In the case of a project for which assistance is being sought by a special. purpose unit of government, whether the unit of general local government having juris- diction over the area in which the project is to be located has applied, or plans to apply for assistance for the same or similar type project. This information is necessary to enable the Federal (or State) agency to make the judgments required under section 402 of the Intergovernmental Cooperation Act of 1968. 6. Federal agency procedures. Federal agencies having programs covered under this Part (see Attachment D) will. develop appropriate procedures for: a. Informing potential applicants for assistance under such programs of the requirements of this Part (1) in pro- gram information materials, (2) in response to inquiries respecting application procedures, (3) in pre-application conferences, or (4) by other means which will assure earliest contact between appl.icant and clearinghouses. b. Assuring that all applications for assistance under programs covered by this part have been submitted to appro- priate clearinghouses for review. c. Notifying clearinghouses within seven days of any action (approvals, disapprovals, return for amendment, etc.) taken on applications that have been reviewed by such clearinghouses. Where a State clearinghouse has assigned an identification number to an application, the Federal agency will refer to such identification number in notifying clearinghouses of actions taken on the application. d. Assuring, in the case of an appl.ication submitted by a special purpose unit of government, where accompanying comments indicate that the unit of general local government having jurisdiction over the area in which the project is to be located has submitted or plans to submit an application for assistance for the same or a similar type project, that appropriate considerations and preferences as specified in section 402 of the Intergovernmental Cooperation Act of 1968, (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002 4R000100200035-6 7 are accorded the unit of general local government. Where such preference cannot be so accorded, the agency shall supply, in writing, to the unit of general local government and the office of Management and Budget its reasons therefor. 7. HUD housing programs. Because of the unique nature of the application and development process for the housing programs of the Department of Housing and Urban Development, a variation of the review procedure is necessary. For HUD programs in the 14.100 series listed in Attachment D, the following procedure for review will be followed: a. The HUD Area or Insuring office will transmit to the appropriate State clearinghouse and metropolitan or regional clearinghouse a copy of the initial application for HUD program approval. b. The clearinghouses will have 15 days to review the applications and to forward to the Area or Insuring office any comments which they may have, including observations concerning the consistency of the proposed project with State and areawide development plans and identification of major environmental concerns. Processing of applications in the Area or Insuring office will proceed concurrently with the clearinghouse review. c. This procedure will include only applications in- volving new construction and will apply to: (1) Subdivisions having 50 or more lots involving any HUD home mortgage insurance program. (2) Multifamily projects having 100 or more dwell- ing units under any HUD mortgage insurance program, or under conventional or turnkey public housing programs. (3) Mobile home courts with 100 or more spaces. (4) College housing provided under the debt service or direct loan programs for 200 or more students. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 B Approved For Release 2001/04/05: CIA-RDP86-00244RO00100200035-6 All other applications for assistance under the IIUD programs in the 14.100 series listed in Attachment D are exempt from the requirements of this Circular. 8. Reports and directories. a. The Director of the Office of Management and Budget may require reports, from time to time, on the implementation of this Part. b. The Office of Management and Budget will maintain and distribute to appropriate Federal agencies a directory of State, regional, and metropolitan clearinghouses. c. The Office of Management and Budget will notify clearinghouses and Federal agencies of any excepted categories of projects under programs listed in Attachment D. (No.. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244ROO0100200035-6 Approved For Relee 2001/04/05: CIA-RDP86-0024'4'1R000100200035-69 1. Purpose. The purpose of this Part is to: a. Provide State and local government with information on projected Federal development so as to facilitate coordination with State, regional and local plans and programs. b. Provide Federal agencies with information on the relationship of proposed direct Federal development projects and activities to State, regional, and local plans and pro- grams; and to assure maximum feasible consistency of Federal developments with State, regional, and local plans and programs. c. Provide Federal agencies with information on the possible impact on the environment of proposed Federal development. 2. Coordination of direct Federal development projects with State, regional, and local development. a. Federal agencies having responsibility for the plan- ning and construction of Federal ui ings and installations or of er Federal public works or development or for the acquisition, use, and disposal of Federal land and real property will establish procedures for: (1) consulting with Governors, regional and metro- politan clearinghouses, and local elected officials at the earliest practicable stage in project or development planning on the relationship of any plan or project to the development plans and programs of the State, region, or localities in which the project is to be located. (2) Assuring that any such Federal plan or project is consistent or compatible with State, regional, and local development plans and programs identified in the course of such consultations. Exceptions will be made only where there is clear justification. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 1.0 Approved For Release 2001/04/05: CIA-RDP86-00.2474R000100200035-6 (3) Providing State, metropolitan, regional, and local agencies which are authorized to develop and enforce environmental standards with adequate opportunity to review such Federal plans and projects pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969. Any com- ments of such agencies will accompany the environmental impact statement submitted by the Federal agency. 3. Use of clearinghouses. The State, regional, and metropo- litan planning and development clearinghouses established pursuant to Part I will be utilized to the greatest extent practicable to effectuate the requirements of this Part. Agencies are urged to establish early contact with clearing- houses to work out arrangements for carrying out the con- sultation and review required under this Part, including identification of types of projects considered appropriate for consultation and review. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002 8000100200035-6&1 1. Purpose. The purpose of this part is to provide Federal agencies with information about the relationship of State plans required under various Federal programs to State com- prehensive planning and to other State plans. 2. Review of State plans. To the extent not presently required by statute or administrative regulation, Federal agencies administering programs requiring by statute or regulation a State plan as a condition of assistance under such programs will require that the Governor be given the opportunity to comment on the relationship of such State plan to comprehensive and other State plans and programs. Governors will be afforded a period of forty-five days in which to make such comments, and any such comments will be transmitted with the plan. 3. State plan. A State plan under this Part is defined to include any required supporting reports or documentation that indicate the programs, projects, and activities for which Federal funds will be utilized. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 12 Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 PART IV: COORDINATION OF PLANNING IN MULTIJLTR:ISDICTIONAL AREAS I. Policies and objectives. The purposes of this Part are: a. To encourage and facilitate State and local initiative and responsibility in developing organizational and procedural arrangements for coordinating comprehensive and functional planning activities. b. To eliminate overlap, duplication, and competition in State and local planning activities assisted or required under Federal programs and to encourage the most effective use of State and local resources available for development planning. c. To minimize inconsistency among Federal administrative and approval requirements placed on State, regional, and metro- politan development planning activities. d. To encourage the States to exercise leadership in de- lineating and establishing a system of planning and develop- ment districts or regions in each State, which can provide a consistent geographic base for the coordination of Federal, State and local development programs. 2. Common or consistent x-lannincL and development districts or re:c~ions. Prior to the designation or redesignation (or approval thereof) of any planning'and development district or region under any Federal program, Federal agency procedures will, pro- vide a period of thirty days for the Governor (s) of the State(s) in, which the district or region will be located to review the boundaries thereof and comment upon its relationship to plan- ning and development district:.; or regions established by the State. Where the State has established such planning and development districts, the boundaries of designated areas will conform to them unless there is clear justification for not doing so. Where the State has not established planning and development districts or regions which provide a basis for evaluation of the boundaries of the area proposed for designation, (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002"R00010020OO35-6 major units of general local government and Federal agencies administering related programs in such area will also be con- sulted prior to designation of the area to assure consistency with districts established under interlocal agreement and under related Federal programs. 3. Common and consistent planning bases and coordination of related activities in multijurisdictional areas. Each agency will develop checkpoint procedures and requirements for ap- plications for planning and development assistance under appropriate programs to assure the fullest consistency and coordination with related planning and development being carried on under other Federal programs or under State and local programs in any multijurisdictional areas. The checkpoint procedures will incorporate provisions covering the following points: a. Identification by the applicant of planning activities being carried on for related programs within the multijuris- dictional area, including those covering a larger area within which such multijurisdictional area is located, subareas of the area, and areas overlapping the multijurisdictional area. Metropolitan or regional clearinghouses established under Part I of this Circular, may assist in providing such iden- tification. b. Evidence of explicit organizational or procedural arrangements that have been or are being established by the applicant to assure maximum coordination of planning for such related functions, programs, projects and activities within the multijurisdictional area. Such arrangements might include joint or common boards of directors or planning staffs, umbrella organizations, common referral or review procedures, information exchanges, etc. c. Evidence of cooperative arrangements that have been or are being made by the applicant respecting joint or common use of planning resources (funds, personnel, facilities, and ser- vices, etc.) among related programs within the area; and d. Evidence that planning being assisted will proceed from base data, statistics, and projections (social, economic, (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 l~ Approved For Release 2001/04/05: CIA-RDP86-00R000100200035-6 demographic, etc.) and assumptions that are common to or consistent with those being employed for planning related activities within the area. 4. Joint funding. Where it will enhance the quality, compre- hensive scope, and coordination of planning in multijurisdic- tional areas, Federal agencies will, to the extent practicable provide for joint funding of planning activities being carried on therein. 5. Coordination of agency procedures and requirements. With respect to the steps called for in paragraphs 2 and 3 of this Part, departments and agencies will develop for relevant pro- grams appropriate draft procedures and requirements. Copies of such drafts will be furnished to the Director of the Office of Management and Budget and to the heads of departments and agencies administering related programs. The Office, in con- sultation with the agencies, will review the draft procedures to assure the maximum obtainable consistency among them. (No., A-95 ) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002R000100206635-6 PART V: DEFINITIONS Terms used in this circular will have the following meanings: 1. Federal agency -- any department, agency, or instrumen- tality in the executive branch of the Government and any wholly owned Government corporation. 2. State -- any of the several States of the United States, the District of Columbia, Puerto Rico, any territory or pos- session of the United States, or any agency or instrumentality of a State, but does not include the governments of the poli- tical subdivisions of the State. 3. Unit of general local government -- any city, county, town, parish, village,or other general purpose political subdivision of a State. 4. Special purpose unit of local government -- any special district, public purpose corporation, or other strictly limited purpose political subdivision of a State, but shall not include a school district. 5. Federal assistance, Federal financial assistance, Federal assistance programs, or federally assisted program -- programs that provide assistance through grant or contractual arrange- ments. They include technical assistance programs, or programs providing assistance in the form of loans, loan guarantees, or insurance. The term does not include any annual payment by the United States to the District of Columbia authorized by article VI of the District of Columbia Revenue Act of 1947 (D.C. Code sec. 47-2501a and 47-2501b). 6. Comprehensive planning, to the extent directly related to area needs or needs of a unit of general local government, in- cludes the following: a. Preparation, as a guide for governmental policies and action, of general plans with respect to: (1) Pattern and intensity of land use, (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-00 R000100200035-6 (2) Provision of public facilities (including trans- portation facilities) and other government services. (3) Effective development: and utilization of human and natural resources. b. Preparation of long range physical and fiscal plans for such action. c. Programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program. d. Coordination of all related plans and activities of the State and local governments and agencies concerned. e. Preparation of regulatory and administrative measures in support of the foregoing. 7. Metropolitan area -- a standard metropolitan statistical area as established by the off-'ice! of Management and Budget, subject, however, to such modifications and extensions as the Office of Management and Budget may determine to be appropriate for the purposes of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, and these Regulations. 8. Areawide agency -- an official State or metropolitan or regional agency empowered under State or local laws or under an interstate compact or agreement to perform comprehensive planning in an area; an organization of the type referred to in section 701(g) of the Housing Act of 1.954; or such other agency or instrumentality as may be designated by the Governor (or, in the case of metropolitan areas crossing State lines, any one or more of such agencies or instrumentalities as may be designated by the Governors of the States involved) to perform such planning. 9. Planning and development clearinghouse or clearinghouse includes: r a. An agency of the State Government designated by the Governor or by State law. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002R0001002000?~-6 b. A nonmetropolitan regional comprehensive planning agency (herein referred to as "regional clearinghouse") designated by the Governor (or Governors in the case of regions extending into more than one State) or by State law. c. A metropolitan areawide agency that has been recognized by the office of Management and Budget as an appropriate agency to perform review functions under section 204 of the Demonstra- tion Cities and Metropolitan Development Act of 1966. 10. Multijurisdictional area -- any geographical area compri- sing, encompassing, or extending into more than one unit of general local government. 11. Planning and development district or region -- a multi- jurisdictional area that has been formally designated or recognized as an appropriate area for planning under State law or Federal program requirements. 12. Direct Federal development -- planning and construction of public works, physical facilities, and installations or land and real property development (including the acquisition, use, and disposal of real property) undertaken by or for the use of the Federal Government or any of its agencies. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86 00A2~R000100200035-6 B Circular No. A-95 Revised SECTION 204 OF THE DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966, as amended (80 Stat. 1263, 82 Stat. 208) "Sec. 204. (a) All applications made after June 30, 1967 for Federal loans or grants to assist in carrying out open-space land projects or for planning or con- struction of hospitals, airports, libraries, water supply and distribution facilities, sewerage facili- ties and waste treatment works, highways, transpor- tation facilities, law enforcement facilities, and water development and land conservation projects within any metropolitan area shall be submitted for review-- "(1) to any areawide agency which is desig- nated to perform metropolitan or regional planning for the area within which the assistance is to be used, and which is, to the greatest practicable extent, composed of or responsible to the elected officials of a unit of areawide government or of the units of general local government within whose jurisdiction such agency is authorized to engage in such planning, and "(2) if made by a special purpose unit of local government, to the unit or units of general local govern- ment with authority to operate in the area within which the project is to be located. "(b)(1) Except as provided in paragraph (2) of this subsection, each application shall be accompanied (A) by the comments and recommendations with respect to the pro- ject involved by the areawide agency and governing bodies of the units of general local government to which the application has been submitted for review, and (B) by a statement by the applicant that such comments and recom- mendations have been considered prior to formal submis- sion of the application. Such comments shall include information concerning the extent to which the project is consistent with comprehensive planning developed or in the process of development for the metropolitan area (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Refealse 2001/04/05: CIA-RDP86-0R000100200035-6 or the unit of general. local government, as the case may be, and the extent to which such project. contributes to the fulfillment of such planning. The comments and recommendations and the statement referred to in this paragraph shall, except in the case referred to in para- graph (2) of this subsection, be reviewed by the agency of the Federal Government. to which such application is submitted for the sole purpose of assisting it in deter- mining whether the application is in accordance with the provisions of Federal law which govern the making of the loans or grants. "(2) An application for a Federal loan or grant need not be accompanied by the comments and recommenda- tions and the statements referred to in paragraph (1) of this subsection, if the applicant certifies that a plan or description of the project'., meeting the requirements of such rules and regulation:; as may be prescribed under subsection (c), or such application, has lain before an appropriate areawide agency or instrumentality or unit of general local government for a period of sixty days without comments or recommendations thereon being made by such agency or instrumentality. "(3) The requirements of paragraphs (1) and (2) shall also apply to any amendment of the application which, in light of the purposes of this title, involves a major change in the project covered by the application prior to such amendment. "(c) The Bureau of the Budget, or such other agency as may be designated by the President, is hereby author- ized to prescribe such rules and regulations as are deemed appropriate for the effective administration of this section." Approved For Ref seftbV04/05 : CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002R000100200-035-6 TITLE IV OF THE INTERGOVERNMENTAL COOPERATION ACT OF 1968 (82 Stat. 1103) "TITLE IV -- COORDINATED INTERGOVERNMENTAL POLICY AND ADMINISTRATION OF DEVELOP- MENT ASSISTANCE PROGRAMS" "Sec. 401. (a) The economic and social development of the Nation and the achievement of satisfactory levels of living depend upon the sound and orderly development of all areas, both urban and rural. Moreover, in a time of rapid urbaniza- tion, the sound and orderly development of urban communities depends to a large degree upon the social and economic health and the sound development of smaller communities and rural areas. The President shall, therefore, establish rules and regulations governing the formulation, evaluation, and review of Federal programs and projects having a significant impact on area and community development, including programs provi- ding Federal assistance to the States and localities, to the end that they shall most effectively serve these basic objectives. Such rules and regulations shall provide for full consideration of the concurrent achievement of the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between such objectives when they conflict: "(1) Appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes; "(2) Wise development and conservation of natural re- sources, includinq land, water, minerals, wildlife, and others; "(3) Balanced transportation systems, including high- way, air, water, pedestrian, mass transit, and other modes for the movement of people and goods; "(4) Adequate outdoor recreation and open space; "(5) Protection of areas of unique natural beauty, historical and scientific interest; "(6) Properly planned community facilities, including utilities for the supply of power, water, and communications, for the safe disposal of wastes, and for other purposes; and "(7) Concern for high standards of design. "(b) All viewpoints -- national, regional, State and local -- shall, to the extent possible, be fully considered and taken Approved For Release 2001/04( : C,LA pP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-OO4R000100200035-6 into account in planning Federal or federally assisted develop- ment programs and projects. State and local government objec- tives, together with the objectives of regional organizations shall be considered and evaluated within a framework of national public objectives, as expressed in Federal law, and available projections of future national conditions and needs of regions, States, and localities shall be considered in plan formulation, evaluation, and review. "(c) To the maximum extent possible, consistent with national objectives, all Federal aid for development purposes shall be consistent with and further the objectives of State, regional, and local comprehensive planning. Consideration shall be given to all developmental aspects of our total national community, including but not limited to housing, transportation, economic development, natural and human resources development, community facilities, and the general improvement of living environments. "(d) Each Federal department and agency administering a development assistance program shall, to the maximum extent practicable, consult with and seek advice from all other sig- nificantly affected Federal departments and agencies in an effort to assure fully coordinated programs. "(e) Insofar as possible, systematic planning required by individual Federal programs (such as highway construction, urban renewal, and open space) shall be coordinated with and, to the extent authorized by law, made part of comprehensive local and areawide development planning." "FAVORING UNITS OF GENERAL LOCAL GOVERNMENT" "Sec. 402. Where Federal law provides that both special- purpose units of local government: and units of general local government are eligible to receive loans or grants-in-aid, heads of Federal departments and agencies shall, in the ab- sence of substantial reasons to the contrary, make such loans or grants-in-aid to units of general local government rather than to special-purpose units of local government." "Sec. 403. The Bureau of the Budget, or such other agency as may be designated by the President, is hereby authorized to prescribe such rules and regulations as are deemed appropriate for the effective aau..' nistration of this title." (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244ROO0100200035-6 Approved For Release 2001/04/05: CIA-RDP86-00035-6 Circular No. A-95 Revised SECTION 102 (2) (C) OF THE NATIONAL ENVIRON- MENTAL POLICY ACT OF 1969 ' (83 Stat. "Sec. 102. The Congress authorizes and directs that, to the fullest extent possible; (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act, and (2) all agencies of the Federal Government shall--.... "(C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the respon- sible official on-- "(i) the environmental impact of the proposed action, "(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented, "(iii) alternatives to the proposed action, "(iv) the relationship between local short-term use of man's environment and the maintenance and enhancement of long-term productivity, and "(v) any irreversible or irretrievable commitments of resources which would be involved in the proposed action should it be implemented. "Prior to making any detailed statement, the responsible Federal official shall consult with and, obtain the comments of any Federal agency which has jurisdiction by law or special exper- tise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of Title 5, United States Code, and shall accompany the proposal through the existing agency review processes;...." (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002t0001QQ99A)A41k?T D Circular No.A-95 Revised COVERAGE OF PROGRAMS UNDER ATTACHMENT A, PART I 1. Programs are listed below pursuant to section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 and the Intergovernmental Cooperation Act of 1968. They are referenced by Catalog of Federal Domestic Assistance identifi- cation numbers. 2. Heads of Federal departments and agencies may, with the con- currence of the office of Management and Budget, exclude certain categories of projects or activities under listed programs from the requirements of Attachment A, Part I. OMB concurrence will be based on the following criteria: a. Lack of geographic identifiability with respect to location or impact (e.g., certain types of technical studies); b. Small scale or size; c. Essentially local impact (within the applicant juris- diction); and d. Other characteristics that make review impractical. OMB will notify clearinghouses of such exclusions. 3. Covered programs Department of Agriculture Farmers Home Administration 10.400 Comprehensive Areawide Water and Sewer Planning Grants 10.409 Irrigation, Drainage and Other Soil and Conservation Loans 10.412 Recreation Association Loans 10.414 Resource Conservation and Development Loans (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 AM% Approved For Release 2001/04/05: CIA-RDP86-00-44R000100200035-6 10.418 Water and Waste Disposal Systems for Rural Communities 10.419 Watershed Protection and Flood Preven- tion Loans Soil Conservation Service 10.901 Resource Conservation & Development 10.904 Watershed. Protection & Flood 'Prevention Department of Commerce Economic Development Administration 11.300 Economic Development -- Grants and Loans for Public Works and Development Facilities 11.302 Economic Development -- Planning Assistance 11.303 Economic Development -- Technical Assistance Department of Defense Department of theArmi, Office of the Chief of Engineers 12.101 Beach Erosion Control 12.106 Small Flood Control Projects 12.107 Small Navigation Projects 12.108 Snagging and Clearing for Flood Control Department of Health, Education, and Welfare Environmental Health Service 13.001 Air Pollution Control Program Grants (Planning Only) 1 ~ _I/These programs are administered by the new Environmental Pro- tection Agency for which there is as yet no separate Catalog listing. (No. A-95;) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-00244R000100209035-6 13.014 Solid Wastes Demonstration Grants Y 13.015 Solid Wastes Planning Grants I/ Health Services and Mental Health Administration 13.206 Comprehensive Health Planning -- Areawide Grants 13.219 Health Facilities Construction -- Diagnostic and Treatment Centers 13.220 Health Facilities Construction -- Hospitals and Public Health Centers 13.221 Health Facilities Construction -- Long- Term Care Facilities 13.222 Health Facilities Construction -- Rehabilitation Facilities 13.235 Mental Health -- Community Assistance Grants for Narcotic Addiction (Construction Only) 13.236 Mental Health -- Construction of Community Mental Health Centers 13.249 Regional Medical Programs -- Operational and Planning Grants (Planning and Construction Only) National Institutes of Health 13.350 Medical Library Assistance -- Regional Medical Libraries 13.369 Schools of Nursing -- Facilities Con- struction These programs are administered by the new Environmental Protection Agency'for which there is as yet no separate Catalog listing. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 4 Approved For Release 2001/04/05: CIA-RDP86-00R000100200035-6 Office of Education 13.408 Construction of Public Libraries 13.456 13.457 13.458 Higher Education Academic Facilities State Comprehensive Planning Higher Education Academic Facilities Construction -- Interest Subsidization Higher Education Academic Facilities Construction -- Public and Private Colleges and Universities 13.459 Higher Education Academic Facilities Construction -- Public Community Colleges and Technical Institutes 13.477 School Assistance in Federally Affected Areas -- Construction 13.487 Supplementary Education Centers and Ser- vices (Construction Only) 13.493 Vocational Education .-- Basic Grants to States (Construction Only) Social and Rehabilitation Service 13.711 Juvenile Delinquency :Planning, Prevention, and Rehabilitation (Planning and Construction Only) 13.716 Mental Retardation Community Facilities Construction 13.746 Vocational Rehabilitation Services -- Basic Support (Construction Only) (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002 1000100200035-6 Department of Housing and Urban Development Housing Production and Mortgage Credit/FHA (Note: The following programs are subject to the limitations and procedures set forth in paragraph 7, Part I, of the circular.) 14.100 College Housing Debt Service 14.101 College Housing Direct Loans 14.103 Interest Reduction Payments - Rental and Cooperative Housing for Lower Income Families (236) 14.105 Interest Subsidy - Homes for Lower Income Families (235(i)) 14.112 Mortgage Insurance - Construction or Rehabilitation of Condominium Projects (234(d)) 14.115 Mortgage Insurance - Development of Sales Type Coop- erative Projects (213) 14.117 Mortgage Insurance - Homes (203(b)) 14.118 Mortgage Insurance - Homes for Certified Veterans (203(b)) 14.119 Mortgage Insurance - Homes for Disaster Victims (203(h)) 14.120 Mortgage Insurance - Homes for Low and Moderate Income Families (221(d)(2)) 14.121 Mortgage Insurance - Homes in Outlying Areas (203(i)) 14.122 Mortgage Insurance - Homes in Urban Renewal Areas (220 homes) 14.124 Mortgage Insurance - Investor Sponsored Cooperative Housing (213) (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 6 Approved For Release 2001/04/05: CIA-RDP86-00 #R000100200035-6 7L4..125 Mortgage Insurance - Land Development and New Communities (Title X) 14.126 Mortgage Insurance - Management Type Cooperative Projects (213) 14.127 Mortgage Insurance - Mobile Home Courts (207) 14.134 Mortgage Insurance - Rental Housing (207) 14.135 Mortgage Insurance - Rental Housing for Low and Moderate Income Families (221(d)(4) 1.4.136 Mortgage Insurance - Rental Housing for Low and Moderate Income Families -? Below Market Interest Rate (221 (d) (3) ) 1.4.137 Mortgage Insurance - Rental Housing for Low and Moderate Income Families, Market Interest Rate (221(d)(3)) 14.138 Mortgage Insurance - Rental Housing for the Elderly (231.) 1.4.139 Mortgage Insurance - Rental Housing in Urban Renewal Areas (220) 14.146 Public Housing - Acquisition, Construction, Rehabili- tation (New Construction Only) 14.149 Rent Supplements --? Rental Housing for Low Income Families Metropolitan Planningr and Development 14.200 Basic Waiter and Sewer Facilities -- Grants 14.203 Comprehensive Planning Assistance 14.204 Historic Preservation Grants 14.207 New Communities -- Loan Guarantees (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-002 4R000t00200035-6 14.208 New Communities -- Supplementary Grants 14.209 Open Space Land Acquisition and Develop- ment Grants 14.210 Public Facility Loans 14.214 Urban Systems Engineering Demonstration Grants Model Cities Administration 14.300 Model Cities Supplementary Grants Renewal and Housing Management 14.602 Community Renewal Planning Grants 14.606 Neighborhood Development 14.609 Urban Renewal Projects Department of the Interior Bureau of Outdoor Recreation 15.400 Outdoor Recreation -- Financial Assistance 14.401 Outdoor Recreation Planning -- Financial Assistance Bureau of Reclamation 15.501 Irrigation and Drainage Systems Loans 15.503 Small Reclamation Projects (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Release 2001/04/05: CIA-RDP86-00R000100200035-6 Federal Water Pollution Control Administration 15.700 Construction Grants for Wastewater Treatment Works 1, 15.701 Water Pollution Control -Comprehensive Basin Planning Grants 15.707 Water Pollution Control -- State and Interstate Program Grants National Park Service 15.904 Historic Preservation Department of Justice Law Enforcement Assistance Administration 16.500 Law Enforcement Assistance -- Comprehensive Planning 16.501 Law Enforcement Assistance -- Discretionary Grants 16.502 Law Enforcement Assistance -- Improving and Strengthening Law Enforcement Department of Labor Manpower Administration Cooperative Area Manpower Planning System if These programs are administered by the new Environmental Protection Agency for which there is as yet no separate Catalog listing. (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Relearte 2001/04/05: CIA-RDP86-0024R0001Op200035-6 Department of Transportation Federal Aviation Administration 20.102 Airport Development Aid Program Federal Highway Administration 20.201 Forest Highways 20.204 Highway Beautification -- Landscaping and Scenic Enhancement 20.205 Highway Planning and Construction 20.206 Highway Planning and Research Studies 20.209 Public Lands Highways 20.211 Traffic Operations Program to Increase Capacity and Safety (Construction Only) Urban Mass Transportation Administration 20.500 Urban Mass Transportation Capital Improvement Grants (Planning & Construction Only) 20.501 Urban Mass Transportation Capital Improvement Loans (Planning & Construction Only) 20.505 Urban Mass Transportation Technical Studies Grants (Planning and Construction Only) Appalachian Regional Commission 23.003 Appalachian Development Highway System 23.004 Appalachian Health Demonstrations (planning and construction only) 23.008 Appalachian Local Access Roads (No. A-95) Approved For Release 2001/04/05: CIA-RDP86-00244R000100200035-6 Approved For Refeae 2001/04/05: CIA-RDP86-00R000100200035-6 23.010 Appalachian Mine Area Restoration 23.012 Appalachian Vocational Education Facilities National Science Foundation 47.036 Intergovernmental Science :Programs Office of Economic Opportunity 49.002 Community Action Operations (excluding admini- stration, research, training and technical assistance, and evaluation) Water Resources Council 65.001 Water Resources Planning (No. A-95) Approved For Release 2001/04/05: CFAQRI M6 2*4R0?0i-OO200035-6 Approv Approve g L WIS. C IFI ATION TOP AND TTOM 0 P41yucCIRMEW OFFICIAL ROUTING SLIP T NAME AND ADDRESS DATE INITIALS 2 _.~ Q 14 3 (_ 1 5 APR 1971 r) 4 5 '~~ 6 ? ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks: i=yL FOLD HERE TO RETURN TO SENDER FROM. NAME, ADDRESS AND PHONE NO. DATE x6665 [An) FORM NO. 237 Use previous editions 1-67 I 200035-6