Basic Laws and Authorities on Housing and Urban Development

(1) The term "metropolitan area" means a standard metropolitan statistical area, as established by the Bureau of the Budget, subject, however, to such modifications or extensions as the Secretary deems to be appropriate for the purposes of this section.

(2) The term "region" includes (A) all or part of the area of jurisdiction of one or more units of general local government, and (B) one or more metropolitan areas.

(3) The term "district" includes all or part of the area of jurisdiction of (A) one or more counties, and (B) one or more other units of general local government, but does not include any portion of a metropolitan area.

(4) The term "comprehensive planning" includes the following:

(A) preparation, as a guide for governmental policies and action, of general plans with respect to (i) the pattern and intensity of land use, (ii) the provision of public facilities (including transportation facilities) and other government services, and (iii) the effective development and utilization of human and natural resources;

(B) long-range physical and fiscal plans for such action;

(C) programing of capital improvements and other major expenditures, based on a determination of relative urgency, together with definite 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; and

(E) preparation of regulatory and administrative measures in support of the foregoing.

Comprehensive planning for the purpose of districts shall not include planning for or assistance to establishments in relocating from one area to another or assist subcontractors whose purpose is to divest, or whose economic success is dependent upon divesting, other contractors or subcontractors of contracts theretofore customarily performed by them: Provided, That this limitation shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity, if the Secretary finds that the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations, unless the Secretary has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations.

(5) The term "State planning agencies" includes official State planning agencies and (in States where no such planning agency exists) agencies or instrumentalities of State government designated by the Governor of the State and acceptable to the Secretary.

(6) The terms "metropolitan planning agencies", "regional planning agencies", and "district planning agencies" means official metropolitan, regional, and district planning agencies, or other agencies and instrumentalities designated by the Governor (or Governors in the case of interstate planning), and acceptable to the Secretary, empow

ered under State or local law or interstate compact to perform metropolitan, regional, or district planning, respectively: Provided, That such agencies and instrumentalities shall, to the greatest practicable extent, be composed of or responsible to the elected officials of the unit or units of general local government for whose jurisdictions they are empowered to engage in planning.

Approved August 2, 1954.

PUBLIC WORKS PLANNING ADVANCES

EXCERPTS FROM THE HOUSING ACT OF 1954

[Public Law 560, 83d Congress; 68 Stat. 590, 641; 40 U.S.C. 462]

RESERVE OF PLANNED PUBLIC WORKS

SEC. 702. (a) In order (1) to encourage municipalities and other public agencies and1 Indian tribes to maintain at all times a current and adequate reserve of planned public works the construction of which can rapidly be commenced, particularly when the national or local economic situation makes such action desirable, and (2) to help attain maximum economy and efficiency in the planning and construction of public works, the Secretary 2 is hereby authorized to make advances to public agencies and1 Indian tribes (notwithstanding the provisions of section 3648 of the Revised Statutes, as amended) to aid in financing the cost of feasibility studies, engineering and architer tural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works, including, in the case of public works to be constructed in connection with the development of a medical center, a general plan for the development of such center: Provided, That the making of advances hereunder shall not in any way commit the Congress to appropriate funds to assist in financing the construction of any public works so planned: And provided further, That advances outstanding to public agencies and 1 Îndian tribes in any one State shall at no time exceed 1225 per centum of the aggregate then authorized to be appropriated to the revolving fund established pursuant to subsection (e) of this section.

(b) No advance shall be made hereunder with respect to any individual project, including a regional or metropolitan or other area-wide

1 Sec. 602 (c) (1), Housing Act of 1964, Public Law 88-560, approved September 2, 1964. 78 Stat. 769, 799, added "and Indian tribes".

2 Sec. 10, Public Law 90-19, approved May 25, 1967, 81 Stat. 17, 22, substituted "Secretary" for "Administrator" throughout this section in order to make it conform to the Department of Housing and Urban Development Act which placed all the functions of the Housing and Home Finance Administrator in the Secretary of Housing and Urban Development.

Sec. 607, Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 534, added "feasibility studies".

Sec. 602(e), Housing Act of 1964, Public Law 88-560, approved September 2, 1964. 78 Stat. 769, 799, added this clause concerning medical centers.

5 Sec. 502 (1), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat 149, 175, substituted "12 per centum" for "10 per centum".

Sec. 502 (2), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 175, amended the first sentence of subsection (b) to read as set forth in the text except that sec. 602(c) (2), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799, inserted "or Indian tribe" in clause (3) following the words "the public agency". Immediately prior to amendment by sec. 502 this sentence read:

project, unless (1) it is planned to be constructed within or over a reasonable period of time considering the nature of the project, (2) it conforms to an overall State, local, or regional plan approved by a competent State, local, or regional authority, and (3) the public agency or Indian tribe formally contracts with the Federal Government to complete the plan preparation promptly and to repay such advance or part thereof when due.1

(c) Advances under this section to any public agency or2 Indian tribe shall be repaid without interest by such agency or tribe when the construction of the public works is undertaken or started: Provided, That in the event repayment is not made promptly such unpaid sum shall bear interest at the rate of 4 per centum per annum from the date of the Government's demand for repayment to the date of payment thereof by the public agency or Indian tribe.

(d) The Secretary is authorized to prescribe rules and regulations to carry out the purpose of this section.

(e) In order to provide moneys for advances in accordance with this section, the Secretary is hereby authorized to establish a revolving fund which shall comprise (1) all moneys heretofore or hereafter appropriated pursuant to this section, together with all repayments and other receipts heretofore or hereafter received in connection with advances made under this section, and (2) all repayments and other receipts received after June 30, 1964, and all advances (and claims in connection with advances) outstanding as of such date, under title V of the War Mobilization and Reconversion Act of 1944 (58 Stat. 791) and the Act of October 13, 1949 (63 Stat. 841-2). There are authorized to be appropriated to such revolving fund, in addition to amounts authorized to be appropriated for the purposes of this sec

"(b) No advance shall be made hereunder with respect to any individual project unless it is planned to be constructed within a reasonable period of time, unless it conforms to an overall State, local, or regional plan approved by a competent State, local, or regional authority, and unless the public agency formally contracts with the Federal Government to complete the plan preparation promptly and to repay such advance or part thereof when due."

Sec. 602(f), Housing Act of 1964, Public Law 88-560, approved September 28, 1964, 78 Stat. 769, 799, deleted the last sentence of subsec. (b) which read:

"Subsequent to approval and prior to disbursement of any Federal funds for the purpose of advance planning the applicant shall establish a separate planning account into which all Federal and applicant funds estimated to be required for plan preparation shall be placed."

Sec. 602 (c) (3), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799, inserted or Indian tribe".

Sec. 602 (c) (3), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799, inserted "or tribe".

Sec. 602(c) (4), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799 deleted at this point the proviso that read:

"That if the public agency undertakes to construct only a portion of a planned public work it shall repay such proportionate amount of the advances relating to the public work as the Administrator determines to be equitable: And provided further,".

Immediately prior to amendment by sec. 602(a), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799, subsec. (e) read as follows: "(e) In order to provide moneys for advances in accordance with this section, the Administrator is hereby authorized to establish a revolving fund which shall comprise all moneys heretofore or hereafter appropriated pursuant to this section, together with all repayments and other receipts in connection with advances made under this section. There are hereby authorized to be appropriated to such revolving fund, in addition to the amount authorized by this section as originally enacted, the further amounts of $12,000,000 which may be made available to the revolving fund on or after July 1, 1956; $12,000,000 which may be made available to such fund on or after July 1, 1957; $14,000,000 which may be made available to such fund on or after July 1, 1958; $10,000,000 which may be made available to such fund on or after July 1, 1961; and such additional sums which may be made available from year to year thereafter as may be estimated to be necessary to maintain not to exceed a total of $58,000,000 in undisbursed balances in the revolving fund and in advances outstanding for plans in preparation or for completed plans with respect to projects which, in the determination of the Administrator, can be expected to be undertaken within a reasonable period of time."

tion prior to the date of the enactment of the Housing Act of 1964,1 such sums, not to exceed $70,000,000 2 as may be necessary to carry out the purposes of this section.

(1) The Secretary is authorized to use during any fiscal year not to exceed $100,000 of the moneys in the revolving fund (established under subsection (e)) to conduct surveys of the status and current volume of State and local public works planning and surveys of estimated requirements for State and local public works: Provided, That the Secretary, in conducting any such survey, may utilize or act through any Federal department or agency with its consent.

(g) Notwithstanding any other provision of this section, no advance made under this section for the planning of any public works project shall be required to be repaid if construction of such project is initiated as a result of a grant-in-aid made from an allocation made by the President under the Public Works Acceleration Act.

(h) (1) Notwithstanding any other provision of law, if a public agency or Indian tribe undertakes to construct only a portion of a public work planned with an advance under this section, under title V of the War Mobilization and Reconversion Act of 1944, or under the Act of October 13, 1949, it shall repay only such proportionate amount of the advance relating to the public work as the Secretary determines to be equitable.

(2) The Secretary is authorized to terminate, upon such terms and conditions as he shall deem equitable, all or a portion of the liability for repayment of any advance made under this section, title V of the War Mobilization and Reconversion Act of 1944, or the Act of October 13, 1949. Whenever the Secretary determines that there is no reasonable likelihood that the public work, or a portion of the public work, planned with such advance will be constructed, he may terminate the agreement for the advance. Such determination shall be conclusive and shall be based on standards prescribed by regulations to be issued by the Secretary.

DEFINITIONS

SEC. 703. As used in this title, (1) the term "State" shall mean any State, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (2) the term "Secretary" shall mean the Secretary of Housing and Urban Development; (3) the term "public works" shall include any public works other than housing; and (4) the term "public agency" or "public agencies" shall mean any State, as herein defined, or any public agency or political subdivision therein.

Approved August 2, 1954.

1 September 2, 1964.

2 Sec. 1104, Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 503, substituted "$70,000,000," for "$20,000,000,"

3 Sec. 801, Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 686, added this subsection.

* Sec. 602 (d), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799, substituted "$100,000" for "$50,000".

5 Sec. 6, Public Works Acceleration Act, Public Law 87-658, approved September 14, 1962, 76 Stat. 541, 544, added this subsection.

Sec. 602 (b), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 799, added this subsection.

EXCERPT FROM HOUSING AND URBAN DEVELOPMENT ACT OF 1965 [Public Law 89-117, 79 Stat. 451, 509]

REPAYMENT OF CERTAIN PLANNING GRANTS

SEC. 1112. Notwithstanding any other provision of law, no advance made under section 501 of Public Law 458, Seventy-eighth Congress; Public Law 352, Eighty-first Congress; or section 702, Housing Act of 1954, Public Law 560, Eighty-third Congress, for the planning of any public works project shall be required to be repaid if construction of such project has been heretofore or is hereafter initiated as a result of a grant-in-aid made from an allocation made by the President under the Public Works Acceleration Act.

Approved August 10, 1965.

Books

Basic Laws and Authorities on Housing and Urban Development ..., Volumes 81-969