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to any Nonparticipating UGLGs in your county offering them the opportunity to join your Urban County for the remainder of the qualification period. Sending reminder letters to Nonparticipating UGLGs during your Urban County's qualification period about their opportunity to join is optional. NOTE: HUD calculates your Urban County's CDBG grant amount annually and it will account for the addition of any new Participating UGLGs for the second and/or third years of your qualification period. 2.5 Can my Urban County add a Metropolitan City as a Joint Recipient (under a JointAgreement) during our three-year qualification period? No. Your Urban County may only add a Metropolitan City as a Joint Recipient (under a JointAgreement) during your Urban County's qualification year for the next three-year qualification period. Per 24 CFR 570.308(a)(1), Joint Requests for an Urban County to administer a Metropolitan City's CDBG grant program, in addition to administering the Urban County's CDBG program, may only be submitted and considered by HUD the year that your Urban County is requalifying. 2.6 Can a Participating UGLG (in a Cooperation Agreement) OR a Metropolitan City (in a JointAgreement) withdraw from our Urban County during our three-year qualification period? No. Participating UGLGs in Cooperation Agreements may not withdraw from your Urban County during your qualification period —unless your county does not receive a CDBG grant for any year during the qualification period. Participating UGLGs must continue to participate in your Urban County even if they become eligible to be a Metropolitan City during your Urban County's three-year qualification period. Similarly, Metropolitan Cities in Joint Agreements with your Urban County also may not withdraw from your Urban County during your three-year qualification period —unless your county does not receive a CDBG grant for any year during the qualification period. NOTE: If an unincorporated area of your county incorporates (becomes an UGLG) during your qualification period, it must remain part of your Urban County until your current qualification period ends. If this occurs, your county must execute a Cooperation Agreement with the new UGLG if your county does not have "essential powers" in UGLGs. 2.7 What is HUD's "Determination of Essential Powers"? As part of Urban County qualification, HUD must determine where your county can legally carry out "essential communily development and housing assistance activities." HUD calls this the "Determination of Essential Powers," and usually makes this determination the first time an Urban County qualifies. When an Urban County is requalifying, HUD may rely on its previous determination(s), unless there is evidence to the contrary. In the Determination of Essential Powers, OGC Field or Regional Counsel determines the legal authority of your county to conduct "essential community development and housing 14 570