EVALUATION, REVIEW, AND COORDINATION OF FEDERAL AND FEDERALLY ASSISTED PROGRAMS AND PROJECTS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP86-00244R000100200035-6
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
36
Document Creation Date:
December 9, 2016
Document Release Date:
August 9, 2000
Sequence Number:
35
Case Number:
Publication Date:
February 9, 1971
Content Type:
REGULATION
File:
Attachment | Size |
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CIA-RDP86-00244R000100200035-6.pdf | 1.61 MB |
Body:
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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)
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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."
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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
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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
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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.
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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,
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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:
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(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.
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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,
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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.
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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.
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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.
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(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.
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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.
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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,
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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,
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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.
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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,
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(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)
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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)
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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)
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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."
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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
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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)
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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)
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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)
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AM%
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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;)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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