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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules The appropriate Federal banking agency evaluates the record of a small savings association that is not, or that was not during the prior calendar year, an intermediate small savings association, of helping to meet the credit needs of its assessment areas pursuant to the criteria set forth in paragraph b of this section.
2 Intermediate small savings associations. The appropriate Federal banking agency evaluates the record of a small savings association that is, or that was during the prior calendar year, an intermediate small savings association, of helping to meet the credit needs of its assessment areas pursuant to the criteria set forth in paragraphs b and c of this section.
b Lending test. A small savings associations lending performance is evaluated pursuant to the following criteria:
1 The savings associations loan-todeposit ratio, adjusted for seasonal variation, and, as appropriate, other lending-related activities, such as loan originations for sale to the secondary markets, community development loans, or qualified investments;
2 The percentage of loans and, as appropriate, other lending-related activities located in the savings associations assessment areas;
3 The savings associations record of lending to and, as appropriate, engaging in other lending-related activities for borrowers of different income levels and businesses and farms of different sizes;
4 The geographic distribution of the savings associations loans; and 5 The savings associations record of taking action, if warranted, in response to written complaints about its performance in helping to meet credit needs in its assessment areas.
c Community development test. An intermediate small savings associations community development performance also is evaluated pursuant to the following criteria:
1 The number and amount of community development loans;
2 The number and amount of qualified investments;
3 The extent to which the savings association provides community development services; and 4 The savings associations responsiveness through such activities to community development lending, investment, and services needs.
d Small savings association performance rating. The appropriate Federal banking agency rates the performance of a savings association evaluated under this section as provided in appendix A of this part.

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Strategic plan.

a Alternative election. The appropriate Federal banking agency will assess a savings associations record of helping to meet the credit needs of its assessment areas under a strategic plan if:
1 The savings association has submitted the plan to the appropriate Federal banking agency as provided for in this section;
2 The appropriate Federal banking agency has approved the plan;
3 The plan is in effect; and 4 The savings association has been operating under an approved plan for at least one year.
b Data reporting. The appropriate Federal banking agencys approval of a plan does not affect the savings associations obligation, if any, to report data as required by 195.42.
c Plans in general1 Term. A plan may have a term of no more than five years, and any multi-year plan must include annual interim measurable goals under which the appropriate Federal banking agency will evaluate the savings associations performance.
2 Multiple assessment areas. A
savings association with more than one assessment area may prepare a single plan for all of its assessment areas or one or more plans for one or more of its assessment areas.
3 Treatment of affiliates. Affiliated institutions may prepare a joint plan if the plan provides measurable goals for each institution. Activities may be allocated among institutions at the institutions option, provided that the same activities are not considered for more than one institution.
d Public participation in plan development. Before submitting a plan to the appropriate Federal banking agency for approval, a savings association shall:
1 Informally seek suggestions from members of the public in its assessment areas covered by the plan while developing the plan;
2 Once the savings association has developed a plan, formally solicit public comment on the plan for at least 30 days by publishing notice in at least one newspaper of general circulation in each assessment area covered by the plan;
and 3 During the period of formal public comment, make copies of the plan available for review by the public at no cost at all offices of the savings association in any assessment area covered by the plan and provide copies of the plan upon request for a reasonable fee to cover copying and mailing, if applicable.

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e Submission of plan. The savings association shall submit its plan to the appropriate Federal banking agency at least three months prior to the proposed effective date of the plan. The savings association shall also submit with its plan a description of its informal efforts to seek suggestions from members of the public, any written public comment received, and, if the plan was revised in light of the comment received, the initial plan as released for public comment.
f Plan content1 Measurable goals. i A savings association shall specify in its plan measurable goals for helping to meet the credit needs of each assessment area covered by the plan, particularly the needs of lowand moderate-income geographies and lowand moderate-income individuals, through lending, investment, and services, as appropriate.
ii A savings association shall address in its plan all three performance categories and, unless the savings association has been designated as a wholesale or limited purpose savings association, shall emphasize lending and lending-related activities.
Nevertheless, a different emphasis, including a focus on one or more performance categories, may be appropriate if responsive to the characteristics and credit needs of its assessment areas, considering public comment and the savings associations capacity and constraints, product offerings, and business strategy.
2 Confidential information. A
savings association may submit additional information to the appropriate Federal banking agency on a confidential basis, but the goals stated in the plan must be sufficiently specific to enable the public and the appropriate Federal banking agency to judge the merits of the plan.
3 Satisfactory and outstanding goals.
A savings association shall specify in its plan measurable goals that constitute satisfactory performance. A plan may specify measurable goals that constitute outstanding performance. If a savings association submits, and the appropriate Federal banking agency approves, both satisfactory and outstanding performance goals, the appropriate Federal banking agency will consider the savings association eligible for an outstanding performance rating.
4 Election if satisfactory goals not substantially met. A savings association may elect in its plan that, if the savings association fails to meet substantially its plan goals for a satisfactory rating, the appropriate Federal banking agency will evaluate the savings associations performance under the lending,
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