GRANTS FOR HISTORIC PRESERVATION

SEC. 709.1 The Secretary is authorized to enter into contracts to make grants to States and local public bodies to assist in the acquisition of title to or other permanent interests in areas, sites, and structures of historic or architectural value in urban areas, and in their restoration and improvement for public use and benefit, in accord with the comprehensively planned development of the locality. The amount of any such grant shall not exceed 50 per centum of the total cost, as approved by the Secretary, of the assisted activities. The remainder of such cost shall be provided from non-Federal sources.

DEFINITIONS

SEC. 710. As used in this title

(1) The term "open-space land" means any undeveloped or predominantly undeveloped land in an urban area which has value for (A) park and recreational purposes, (B) conservation of land and other natural resources, or (C) historic or scenic purposes.

(2) The term "urban area" means any area which is urban in character, including those surrounding areas which, in the judgment of the Secretary, form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities.

(3) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

2

(4) The term "open-space uses" means any use of open-space land for (A) park and recreational purposes, (B) conservation of land and other natural resources, or (C) historic or scenic purposes. Approved June 30, 1961.

1 Sec. 605 (g), Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 80 Stat. 1255, 1280, added sec. 709 and redesignated the former sec. 709 as sec. 710.

Sec. 605 (h) of the Demonstration Cities and Metropolitan Development Act of 1966 provides that no grants may be made under sec. 709 (historic preservation) of the Housing Act of 1961, or sec. 701 (h) of the Housing Act of 1954 (urban planning), or under sec. 103 of the Housing Act of 1949 (urban renewal) beginning 3 years after the date of the enactment of the Demonstration Cities and Metropolitan Development Act of 1966 (November 3, 1966) to the extent that such grants are to be used for historic or architectural preservation, 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 which is to be maintained by the Secretary of the Interior.

Added by sec. 902 (c), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 495.

OPEN SPACE LAND AND URBAN BEAUTIFICATION

Executive Order 11237

[30 Fed. Reg. 9433]

PRESCRIBING REGULATIONS FOR COORDINATING PLANNING AND THE AQUISITION OF LAND UNDER THE OUTDOOR RECREATION PROGRAM OF THE DEPARTMENT OF THE INTERIOR AND THE OPEN SPACE PROGRAM OF THE HOUSING AND HOME FINANCE AGENCY

Whereas the Housing and Home Finance Administrator, hereinafter referred to as "the Administrator," is authorized under title VII of the Housing Act of 1961 (42 U.S.C. 1500-1500e), hereinafter referred to as "title VII," to conduct a program for making grants to States and local public bodies for acquiring lands for recreational and other purposes; and

Whereas title VII provides for consultation by the Administrator with the Secretary of the Interior, hereinafter referred to as "the Secretary," with regard to general policies to be followed in reviewing applications for grants for land acquisitions under the program provided for in title VII, hereinafter referred to as the "open space program," and provides for the furnishing of information by the Secretary on the status of recreational planning for areas to be served by the open space land acquired with grants made by the Administrator; and Whereas the Secretary is authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4607-4-4607-11), hereinafter referred to as "the Conservation Act," to provide financial assistance to States for planning for outdoor recreation purposes and acquiring and developing lands therefor under a program hereinafter referred to as the "outdoor recreation program"; and

Whereas the Secretary has been given certain responsibilities under the Act of May 28, 1963 (16 U.S.C. 4607-4607-3) and Executive Order No. 11017, for promoting the coordination of Federal plans and activities generally relating to outdoor recreation; and

Whereas the programs authorized by title VII and the Conservation Act can be of special help in creating areas of recreation and beauty for the citizens of our urban areas; and

Whereas priority is being given to the needs of our growing urban population by the Secretary in the administration of programs under the Conservation Act; and

Whereas the primary purpose of the open space program is to help acquire and preserve open space land which is essential to the proper long-range development and welfare of the Nation's urban areas, in accordance with plans for the allocation of such land for open space purposes; and

Whereas, to assure the most economic and efficient utilization of title VII and the Conservation Act and funds provided in connection therewith, it is necessary to provide standards for the guidance of the Administrator and the Secretary in the administration of these programs as they relate to the acquisition of land for recreational

purposes:

Now, therefore, by virtue of the authority vested in me by section 5(g) of the Conservation Act (16 U.S.C. 4607-8 (g)), and as President of the United States, it is hereby ordered as follows:

SECTION 1. Urbanized areas. As used in this order, "urbanized area" means an area which is an urbanized area according to the most recent decennial census together with such additional adjacent areas as the Secretary and the Administrator jointly determine to be appropriate for the accomplishment of the purposes of title VII and the Conservation Act in a manner consistent with comprehensive planning for orderly metropolitan development.

SEC. 2. Areas of program concern. In the acquisition of land for recreation resources the respective responsibilities of the Administrator and the Secretary shall be as follows:

(1) Open space program. With respect to the provision of open space land for recreational purposes, the Administrator, through the open space program, shall have responsibility primarily for assisting in the acquisition of lands or interests therein of utility primarily to the urbanized area in which they are located, such as squares, malls, and playgrounds, and parks, recreation areas, historic sites, and open spaces for scenic purposes.

(2) Land and water conservation fund program. In addition to responsibilities with respect to outdoor recreation resources of statewide and nationwide utility, the Secretary, through the Conservation Act program, shall have responsibility primarily for assisting in the acquisition of lands for larger regional parks, historic sites, and recreational and scenic areas to serve residents of urban and other local areas.

SEC. 3. Land and water conservation fund grants in urbanized areas and other urban places. Grants made by the Secretary for the acquisition of land in urbanized areas and other urban places for outdoor recreation under the Conservation Act shall be for projects which: (1) are consistent with the comprehensive statewide outdoor recreation plan for the State or States in which the project is to be located: Provided, That the portions of such plan relating to urbanized areas shall have been reviewed by the Administrator as to their consistency with comprehensive planning for such areas;

(2) when located in whole or in part in urbanized areas, meet the same requirements with respect to planning and programming as shall have been prescribed by the Administrator with respect to projects under title VII; and

(3) when located in urban places according to the most recent decennial census (other than those included in urbanized areas), reflect consideration of comprehensive urban planning being carried on for such urban places.

SEC. 4. Open space grants outside of urbanized areas. Grants made by the Administrator for acquisition of land or interests therein for

recreational purposes under title VII in areas outside of urbanized areas shall be for projects which:

(1) are consistent with planning and programming required under Title VII: Provided, That relevant aspects of such planning and programming shall have been reviewed by the Secretary as to their consistency, insofar as they are related to the achievement of recreational objectives, with the comprehensive statewide outdoor recreation plan; and

(2) meet the same requirements with respect to planning and programming as shall have been prescribed by the Secretary with respect to projects under the Conservation Act.

SEC. 5. Review. (a) The Administrator, in reviewing plans under Section 3 of this Order, shall transmit his comments to the Secretary within thirty days, or such other period as may be agreed upon, after receipt of such plans. The Secretary shall take such comments into consideration before approving such plans and programs. If the Secretary disagrees with a recommendation of the Administrator, he shall so notify the Administrator and provide him, in writing, with his reasons therefor.

(b) The Secretary, in reviewing plans and programs under Section 4 of this Order, shall transmit his comments to the Administrator within thirty days, or such other period as may be agreed upon, after receipt of such plans and programs. The Administrator shall take such comments into consideration before approving grants for acquisition. If the Administrator disagrees with a recommendation of the Secretary, he shall so notify the Secretary and provide him, in writing, with his reasons therefor.

SEC. 6. Coordinated procedures. (a) The Secretary and the Administrator shall jointly develop procedures consistent with the purposes and requirements of the Conservation Act and Title VII, to carry out the provisions of this Order, including procedures for:

(1) evaluating applications for assistance in acquiring land for predominantly recreational purposes under outdoor recreation and open space programs;

(2) consultation and exchange of information concerning applications for, and grants of, assistance for acquisition of land for predominantly recreational purposes in urbanized areas under the outdoor recreation program and outside of urbanized areas under the open space program; and

(3) joint and mutual determinations for making grants of assistance under either the outdoor recreation program or the open space program in cases in which unusual circumstances would make departures from the preceding provisions of this Order desirable for reasons of economy, efficiency, or equity.

(b) Whenever the Secretary and the Administrator make a joint determination pursuant to paragraph (a) (3) of this Section, assistance may be provided in accordance with such determination.

LYNDON B. JOHNSON.

THE WHITE HOUSE,

July 27, 1965.

OPEN SPACE LAND AND URBAN BEAUTIFICATION

[Executive Order 11278]

[31 Fed. Reg. 6681]

ESTABLISHING A PRESIDENT'S COUNCIL AND A COMMITTEE ON RECREATION AND NATURAL BEAUTY

With each passing year America becomes more thoroughly a nation of cities. Of our 200 million citizens, 135 million live in major urban areas. The proportion of city-dwellers is certain to rise in the decades

to come.

The problems, and the opportunities, of city life have dominated our thoughts in recent years. We have devoted billions of dollars, and millions of man-hours, to planning and building better cities for our people.

Yet beyond the limits of the city there lies another America.

It is the America of forests and great plains, of mountains and valleys, of quiet lakes and lonely shores. In that America, the changing of the seasons is more than the turning of pages on a calendar. It is the cycle of decay and rebirth on which all natural life depends. To be isolated from that natural America is to be impoverishedno matter how affluent one may be. To destroy it, to treat it carelessly, is to disregard one of the profound needs of the human spirit. We know that we must keep open the avenues between the city and the natural America that surrounds it. We know that part of the good life in the city is the opportunity to leave it from time to timeto be refreshed by a world no human hand has fashioned.

Because the Federal Government administers massive programs that affect the natural beauty of our land, it must pursue a course that will enhance and protect that beauty. It must stimulate action in behalf of natural beauty and outdoor recreation on the part of others of State and local governments, of private organizations and individual citizens.

If it is to do this well, its own house must be in order. Its programs must be wise, and they must be coordinated. Its organization must reflect its responsibilities.

Therefore, by virtue of the authority vested in me as President of the United States, it is ordered as follows:

PART I. PRESIDENT'S COUNCIL ON RECREATION AND NATURAL BEAUTY

SECTION 101. Membership and chairmanship. (a) There is hereby established the President's Council on Recreation and Natural Beauty (hereinafter referred to as the "Council") which shall be composed of the Secretary of Defense, the Secretary of the Interior, the Secre