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(2) The aggregate of such capital grants with respect to all of the projects of a local public agency (or of two or more local public agencies in the same municipality) on which contracts for capital grants have been made under this title shall not exceed the total of― (A) two-thirds of the aggregate net project costs of all such projects to which neither subparagraph (B) nor subparagraph (C) applies,

and

(B) 2 three-fourths of the aggregate net project costs of any such projects which are located in (i) a municipality having a population of fifty thousand or less according to the most recent decennial census, or (ii) a municipality situated in a labor market area which, at the time the contract or contracts involved are entered into or at such earlier time as the Secretary may specify in order to avoid hardship, or3 at any time after such contract or contracts are entered into and prior to the time the final grant payment has been made pursuant thereto, is designated as a redevelopment area under the second sentence of section 5(a) of the Area Redevelopment Act or any other legislation enacted after the date of the enactment of the Housing and Urban Development Act of 1965 containing standards for designation as a redevelopment area generally comparable to those set forth in the second sentence of section 5 (a) of the Area Redevelopment Act, and

(C) three-fourths of the aggregate net project costs of any of such projects (not falling within subparagraph (B)) which the Secretary, upon request, may approve on a three-fourths capital grant basis.

(3) A capital grant with respect to any individual project shall not exceed the difference between the net project cost and the local grants-in-aid actually made with respect to the project.

Immediately prior to amendment by sec. 301(a), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 165, the balance of this subsection read as follows:

"The aggregate of such capital grants with respect to all the projects of a local public agency on which contracts for capital grants have been made under this title, exclusive of projects referred to in the proviso hereto, shall not exceed two-thirds of the aggregate of the net project costs of such nonexcluded projects: Provided, That the aggregate of such capital grants may exceed two-thirds but not three-fourths of the aggregate net project costs of those projects which the Administrator, at the request of a local public agency, may approve on such a three-fourths capital grant basis. A capital grant with respect to any individual project shall not exceed the difference between the net project cost and the local grants-in-aid actually made with respect to the project."

2Sec. 313. Housing and Urban Development Act of 1965, Public Law 89-117, approve August 10, 1965, 79 Stat. 451, 479, amended this subpar. (B) to remove the 150,000 population limitation for three-fourths grants for urban renewal projects located in areas designated as redevelopment areas under sec. 401(a) of the Public Works and Economic Development Act of 1965 (which superseded the Area Redevelopment Act) with respect to all such projects placed under contract for capital grants after the date of the enactment of the Housing and Urban Development Act of 1965 (August 10, 1965).

Sec. 704. Demonstration Cites and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 80 Stat. 1255, 1281, inserted "or at any time after such contract or contracts are entered into and prior to the time the final grant payment has been made pursuant thereto".

The Area Redevelopment Act was superseded by the Public Works and Economic Development Act of 1965. Publie Law 89-136, 79 Stat. 552, 42 U.S.C. 3121.

(b) The Secretary may, with the approval of the President,1 contract to make grants under this title aggregating not to exceed $7,600,000,000, which amount shall be increased by $1,400,000,000 on July 1. 1969, and by $1,700,000,000 on July 1, 1970, by $1,500,000,000 on July 1, 1971, by $250,000,000 on July 1, 1972, and $664,000,000 on July 1, 1973, and by such sums as may be necessary thereafter.3

Not less than 35 per centum of the amounts available to the Secretary for grants under this title during each of the fiscal years commenc ing after June 30, 1969, and ending prior to July 1, 1974, shall be for grants under part B.

In addition to the authority to make grants provided in the first sentence of this subsection, the Secretary may contract to make grants under this title, on or after July 1, 1967, in an amount not to exceed $600,000,000: 5 Provided, That the authority to contract to make grants provided by this sentence shall be exercised only with respect to ar urban renewal project which is identified and scheduled to be carried out as one of the projects or activities included within an approved comprehensive city demonstration program assisted under the provisions of section 105 (c) of the Demonstration Cities and Metropolitan Development Act of 1966. Such grants shall not be used for major long-term capital improvement; shall not exceed two-thirds of the cost, as determined or estimated by the Secretary, of the project for which the grant is made; and shall be subject to such other terms and

1 Executive Order 11196, empowered the Secretary to perform this function without the approval, ratification, or other action of the President.

Sec. 605 (h), Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 80 Stat. 1255, 1280, provides that no grants for historic preservation may be made under the urban renewal program, beginning 3 years after the date of enactment of this Act, except for activities in accord with criteria which the Secretary of Housing and Urban Development establishes as comparable to those used in connection with the National Register maintained by the Secretary of the Interior.

The original authorization July 1, 1949, was $100 million, with increases of $100 million on July 1, 1950 through 1953. Sec. 106(a), Housing Amendments of 1955, Public Law 345, 84th Congress, approved Aug. 11, 1955, 69 Stat. 635, 637, increased the authorization $200 million on July 1, 1955, and July 1, 1956, and also authorized the President to provide an additional $100 million of authorization. Sec. 301, Housing Act of 1957, Public Law 85-104, approved July 12, 1957, 71 Stat. 294, 299, increased the authorization by $350 million. Sec. 405 (1), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 672, increased the authorization by $350 million on Sept. 23, 1959, and by $30 million July 1, 1960. Sec. 303, Housing Act of 1961, Public Law 87-70, approved June 30. 1961, 75 Stat. 149. 166, increased the authorization by $2 billion with $25 million ear marked for mass transit demonstration grants. Sec. 304, Housing Act of 1964. Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785, increased the authorization by $725 million. Sec. 304 (a), Housing and Urban Development Act of 1965, Public Law 89-117. approved Aug. 10, 1965. 79 Stat. 451, 475, increased the authorization by $675 millien Aug. 10, 1965, and by $725 million on July 1, 1966 and $750 million on July 1, 1967 and 1968. The $25 million authorization for mass transportation demonstration grants was also removed by sec. 304. Sec. 502(a). Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 521, increased the authorization by $1.4 million on July 1, 1969. Sec. 201. Housing and Urban Development Act of 1969 Public Law 91-152, approved December 24, 1969, 83 Stat. 379, 385, increased the author zation by $1.7 million on July 1, 1970, and earmarked not less than 35 percent of avaliable funds during each of the fiscal years 1970 and 1971 for neighborhood development pregrams. Sec. 201, Housing and Urban Development Act of 1970, Public Law 91-609. approved December 31, 1970, 84 Stat. 1770, 1776, increased the authorization by $1.3 million on July 1, 1971, and earmarked not less than 35 percent of available funds com mencing after June 30, 1969 and ending prior to July 1, 1974 for neighborhood develo ment programs. Sec. 4 of Public Law 92-503, approved October 18, 1972, 86 Stat. 906, increased the authorization by $250 million on July 1, 1972.

See 1964 Amendments to the Alaska Omnibus Act (Public Law 88-451) infra, which authorizes $25 million in urban renewal grants to be earmarked for disaster relief in Alaska made necessary by the 1964 earthquake and subsequent seismic waves. Sec. 5 of Public Law 93-117, 87 Stat. 421, approved October 2, 1973, increased the authorization by $664,000,000 on July 1, 1973.

Sec. 116(c) of Housing and Community Development Act of 1974, Public Law 93-383, 88 Stat. 633, approved August 22, 1974, added the words "and by such sums as may be necessary thereafter."

Sec. 113. Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3. 1966, 80 Stat. 1255, 1260, added this sentence.

Sec. 502 (b). Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476. 521, substituted "$600,000,000" for "$250,000,000".

conditions as he may prescribe. The Secretary is authorized, notwithstanding the provisions of section 3648 of the Revised Statutes, as amended, to make advance or progress payments on account of any grant contracted to be made pursuant to this section. The faith of the United States is solemnly pledged to the payment of all grants contracted for under this title and there are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the amounts necessary to provide for such payments: Provided, That any amounts so appropriated shall also be available for repaying to the Secretary of the Treasury, for application to notes of the Secretary, the principal amounts of any funds advanced to local public agencies under this title which the Secretary determines to be uncollectible because of the termination of activities for which such advances were made, together with the interest paid or accrued to the Secretary of the Treasury (as determined by him) attributable to notes given by the Secretary in connection with such advances, but all such repayments shall constitute a charge against the authorization to make contracts for grants contained in this section: Provided further, That no such determination of the Secretary shall be construed to prejudice the rights of the United States with respect to any such advance.

(c) Notwithstanding any other provision of this or any other Act, if financial assistance authorized by this title to be made available to a locality or local public agency may be made available to any locality or local public agency within the limitations provided in sections 102(e), 103(b), and 106 (e), and the second paragraph following the paragraph numbered (6) of section 110 (c), the amount of such financial assistance made available to any locality or local public agency upon submission and processing of proper application therefor shall not otherwise be restricted except on the basis of (1) urgency of need, and (2) feasibility, as determined by the Secretary.

(d) The Secretary may contract to make grants for the preparation or completion of community renewal programs, which may include, without being limited to, (1) the identification of slum areas or blighted, deteriorated, or deteriorating areas in the community, (2) the measurement of the nature and degree of blight and blighting factors within such areas, (3) determination of the financial, relocation, and other resources needed and available to renew such areas, (4) the identification of potential project areas and, where feasible, types of urban renewal action contemplated within such areas, and (5) scheduling or programming of urban renewal activities. Such programs shall conform, in the determination of the governing body of the locality, to the general plan of the locality as a whole. The Secretary may establish reasonable requirements respecting the scope and content of such programs. No contract for a grant pursuant to this subsection shall be made unless the governing body of the locality involved has approved the preparation or completion of the community renewal program and the submission by the local public agency of an application for such a grant. Notwithstanding section 110 (h) or the use in any other provision of this title of the term "local public

1 Added by sec. 405(3), Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 672.

agency" or "local public agencies," the Secretary may make grants pursuant to this subsection for the preparation or completion of a community renewal program to a single local public body authorized to perform the planning work necessary to such preparation or completion. No grant made pursuant to this subsection shall exceed two-thirds of the cost (as such cost is determined or estimated by the Secretary) of the preparation or completion of the community renewal program for which such grant is made.

REQUIREMENTS FOR LOCAL GRANTS-IN-AID

SEC. 104. Every contract for capital grants under this title shall require local grants-in-aid in connection with the project involved. Such local grants-in-aid, together with the local grants-in-aid to be provided in connection with all other projects of the local public agency (or two or more local public agencies in the same municipality) on which contracts for capital grants have theretofore been made, shall be at least equal to the total of one-third of the aggregate net project costs of such projects undertaken on a two-thirds capital grant basis and one-fourth of the aggregate net project costs of such projects undertaken on a three-fourths capital grant basis.

LOCAL DETERMINATIONS

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SEC. 105. Contracts for loans or capital grants shall be made only with a duly authorized local public agency and shall require that(a) The urban renewal plan for the urban renewal area be ap proved by the governing body of the locality in which the project is situated, and that such approval include findings by the governing body that (i) the financial aid to be provided in the contract is neces sary to enable the project to be undertaken in accordance with the urban renewal plan; (ii) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole. for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (iii) the urban renewal plan conforms to a general plan for the development of the locality as a whole; and (iv) the urban renewal plan gives due consideration to the provision of ade quate park and recreational areas and facilities, as may be desirable for neighborhood improvement with special consideration for the health. safety, and welfare of children residing in the general vicinity of the site covered by the plan;

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(b) When real property acquired or held by the local public agency in connection with the project is sold or leased, the purchasers or

1 Immediately prior to amendment by sec. 301 (b), Housing Act of 1961, Publie La

87-70, approved June 30, 1961, 75 Stat. 149, 166, this section read as follows:

"SEC. 104. Every contract for capital grants under this title shall require local grants. with the local grants-inald to be provided in connection with all other projects of the local pote agency on which contracts for capital grants have theretofore been made, shall not

basis."

required in excess of one-third of the aggregate net project costs of all projects of the le public agency on which contracts for capital grants have been made on the two-thirds hass public agency on which contracts for capital grants have been made on the three-fourths or in excess of one-fourth of the aggregate net project costs of all projects of the lo 2 Sec. 302 (a), Housing Act of 1956, Public Law 1020, 84th Congress, approved August 1. 1956, 70 Stat. 1091, 1097, deleted "(including any redevelopment plan constituting a part Sec. 315, Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149,

thereof)."

172, added clause (iv).

lessees and their assignees shall be obligated (i) to devote such property to the uses specified in the urban renewal plan for the project area; (ii) to begin within a reasonable time any improvements on such property required by the urban renewal plan; and (iii) to comply with such other conditions as the Secretary finds, prior to the execution of the contract for loan or capital grant pursuant to this title, are necessary to carry out the purposes of this title: Provided, That clause (ii) of this subsection shall not apply to mortgagees and others who acquire an interest in such property as the result of the enforcement of any lien or claim thereon: And provided further,1 That, with respect to any improvements of a type which it is otherwise authorized to undertake any Federal agency (as defined in section 3(b) of the Federal Property and Administrative Services Act of 1949, as amended, and also including the District of Columbia or any agency thereof) is hereby authorized to become obligated in accordance with this subsection, except that clause (ii) of this subsection shall apply to such Federal agency only to the extent that it is authorized (and funds have been made available) to make the improvements involved;

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(c) (1) There shall be a feasible method for the temporary relocation of individuals and families displaced from the urban renewal area, and there are or are being provided, in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the individuals and families displaced from the urban renewal area, decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced individuals and families and reasonably accessible to their places of employment. The Secretary shall issue rules and regulations to aid in implementing the requirements of this subsection and in otherwise achieving the objectives of this title. Such rules and regulations shall require that there be established, at the earliest practicable time, for each urban renewal project involving the displacement of individuals, families, and business concerns occupying property in the urban renewal arca, a relocation assistance program which shall include such measures, facilities, and services as may be necessary or appropriate in order (A) to determine the needs of such individuals, families, and business concerns for relocation assistance; (B) to provide information and assistance to aid in relocation and otherwise minimize the hardships of displacement, including information as to real estate agencies, brokers, and boards in or near the urban renewal area which

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1 Sec. 406, Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 673 added this proviso.

Sec. 305(a) (1), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 786, inserted "Individuals and".

Sec. 305(a) (2) of the Housing Act of 1964 provided that the requirement imposed for the relocation of individuals from urban renewal areas shall not be applicable to any project receiving Federal recognition prior to the date of enactment of that Act (September 2, 1964).

Sec. 305 (b), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 786, added the requirement for a relocation assistance program.

Sec. 305(c), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 786, amended the Small Business Act (15 U.S.C. 637) to direct the Small Business Administration to provide relocation assistance and information for small business concerns to be displaced from urban renewal areas, at the earliest practicable time.

Sec. 305(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 475, added the further requirement that a relocation assistance program include information as to real estate agencies, brokers, and boards in or near the urban renewal area which deal in residential or business property that might be appropriate for relocating displaced individuals, families, and business concerns.