Subsec. (n)(2). Pub. L. 98-479 substituted "chapter 67 of title 31" for "the State and Local Fiscal Assistance Act of 1972".

1983-Subsec. (a). Pub. L. 98-181, § 121(a), inserted authorizations for appropriations not to exceed $440,000,000 for each of the fiscal years 1984, 1985, and 1986.

Subsec. (b)(1). Pub. L. 98-181, § 121(b), substituted "the extent of unemployment, job lag, or surplus labor" for "where data are available, the extent of unemployment and job lag", and inserted provisions for continued eligibility for assistance of any city with a population of less than 50,000 persons, other than a central city of a metropolitan area, which until the Secretary revises the standards for eligibility for such cities and includes the extent of unemployment, job lag, or labor surplus as a standard of distress for such cities, and provisions requiring the Secretary to make such revision as soon as possible following Nov. 30, 1983.

Subsec. (b)(2)(A)(i), (B)(i). Pub. L. 98-181, § 121(c), inserted "neighborhood statistics areas," after "enumeration districts,".

Subsec. (c)(3)(C). Pub. L. 98-181, § 121(d), added cl. (C).

Subsec. (d)(1). Pub. L. 98-181, § 121(e), substituted "criteria for a national competition" for "criteria" in provisions preceding cl. (A).

Subsec. (i). Pub. L. 98-181, § 121(f), inserted provisions relating to applications by consortia of cities less than 50,000 population.

Subsecs. (p) to (r). Pub. L. 98-181, § 121(g), added subsecs. (p) to (r).

1981-Pub. L. 97-35 substantially restructured and reorganized provisions, made changes in nomenclature and phraseology, and revised purposes, selection criteria and standards, application procedures, approval powers of Secretary, covered activities, limitations, allocation computations, funding prerequisites, amounts for grants, waivers, notice requirements, applicable definitions, and special provisions for years after 1983. 1980-Subsec. (c)(7). Pub. L. 96-399, § 110(a)(1)–(3), added par. (7).

Subsec. (n). Pub. L. 96-399, § 110(b), added subsec. (n).

Subsec. (o). Pub. L. 96–399, § 117(a), added subsec.

(0).

1979-Subsec. (b). Pub. L. 96-153, § 104, designated existing provisions as par. (1) and added par. (2).

Subsec. (e). Pub. L. 96-153, § 104(b), designated existing provisions as par. (1) and substituted "(1) Except in the case of a city or urban county eligible under subsection (b)(2) of this section, in establishing criteria" for "In establishing criteria” in opening sentence, redesignated existing cls. (1) to (3) as (A) to (C), and added pars. (2) and (3).

Subsecs. (1), (m). Pub. L. 96-153, § 105, added subsecs. (7) and (m).

1978-Subsec. (c)(6). Pub. L. 95-557, § 103(g), added par. (6).

Subsec. (e). Pub. L. 95-557, § 103(h), inserted "impact of the proposed urban development action program on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood, in which the program is to be located" after "objectives of this chapter".

EFFECTIVE DATE OF 1988 Amendment

Section 515(f), (g) of Pub. L. 100-242 provided that: "(f) REGULATIONS.-The Secretary of Housing and Urban Development shall issue such regulations as may be necessary to carry out the amendments made by this section (amending this section]. Such regulations shall be published for comment in the Federal Register not later than 60 days after the date of enactment of this Act (Feb. 5, 1988]. The provisions of section 119(d)(1)(D), section 119(d)(3), and section 119(d)(4) of the Housing and Community Development Act of 1974 [subsec. (d)(1)(D), (3), (4) of this section], shall take effect on the date of enactment of this Act.

"(g) APPLICABILITY.—

"(1) IN GENERAL.-The amendments made by this section [amending this section] shall be applicable to the making of urban development action grants that have not received the preliminary approval of the Secretary of Housing and Urban Development before the date on which final regulations issued by the Secretary under subsection (f) become effective. For the fiscal year in which the amendments made by this section become applicable, such amendments shall only apply with respect to the aggregate amount awarded for such grants on or after such effective date.

"(2) SUNSET OF URBAN COUNTY COMPETITION RULE.— Effective October 1, 1989, section 119(d)(6) of the Housing and Community Development Act of 1974 [subsec. (d)(6) of this section] is repealed."

Section 516(b) of Pub. L. 100-242 provided that: "Except as otherwise provided in section 119(h)(5) of the Housing and Community Development Act of 1974 [subsec. (h)(5) of this section] (as added by subsection (a)), the amendments made by this section (amending this section] shall be applicable to urban development action grants that have not received the preliminary approval of the Secretary of Housing and Urban Development before the date of the enactment of this Act [Feb. 5, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 106 of Pub. L. 100-202 provided that the amendment of this section by Pub. L. 99-500 and 99-591 is effective on date of enactment [Oct. 18, 1986] of the "pertinent joint resolution” making continuing appropriations for fiscal year 1987 [Pub. L. 99-500 and 99-591].

Amendment by Pub. L. 99-272 effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99-272, set out as a Termination of General Revenue Sharing note under section 6701 of Title 31, Money and Finance.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 308(c) of Pub. L. 97-35 provided that: "The amendments made by subsections (a) and (b) [amending this section and section 5320 of this title] shall become effective on the effective date of regulations implementing such subsections. As soon as practicable, but not later than January 1, 1982, the Secretary shall issue such final rules and regulations as the Secretary determines are necessary to carry out such subsections."

EFFECTIVE Date of 1978 AMENDMENT

Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section 104 of Pub. L. 95-557, set out as a note under section 1709 of Title 12, Banks and Banking.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 114 of Pub. L. 95-128, set out as an Effective Date of 1977 Amendment note under section 5301 of this title.

REPORTS OF COMPTROLLER GENERAL

Section 515(e) of Pub. L. 100-242 provided that: "(1)(A) Not later than the expiration of the 1-year period following the date of enactment of this Act [Feb. 5, 1988] and every 3 years thereafter, the Comptroller General of the United States shall prepare and submit to the Congress a comprehensive report evaluating the eligibility standards and selection criteria applicable under section 119 of the Housing and Community Development Act of 1974 [this section].

"(B) Such report shall evaluate in detail the standards and criteria specified in such section that measure the level or comparative degree of economic distress of cities and urban counties and the effect of the grants awarded on the basis of such standards and criteria on stimulating the maximum economic development activity.

"(C) Such report shall also evaluate in detail the extent to which the economic and social data utilized by the Secretary in awarding grants under such section is current and accurate, and shall compare the data used by the Secretary with other available data. The Comptroller General shall make recommendations to the Congress on whether or not other data should be collected by the Federal Government in order to fairly and accurately distribute grants under such section based on the level or comparative degree of economic distress. The Comptroller General shall also make recommendations on whether or not existing data should be collected more frequently in order to ensure that timely data is used to evaluate grant applications under such section.

"(2) Not later than the expiration of the 3-month period following the date of the final competition for grants for fiscal year 1988 under section 119 of the Housing and Community Development Act of 1974 [this section], the Comptroller General of the United States shall prepare and submit to the Congress a comprehensive report describing the effect of the amendments made by this section [amending this section] on

"(A) the targeting of grant funds to cities and urban counties having the highest level or degree of economic distress;

"(B) the distribution of grants [sic] funds among regions of the United States;

"(C) the number and types of projects receiving grants;

"(D) the per capita funding levels for each city, urban county, or identifiable community described in subsection (p) of such section 119, receiving assistance under such section 119; and

"(E) the stimulation of the maximum economic development activity."

NEIGHBORHOOD DEVELOPMENT DemonstratION Section 123 of Pub. L. 98-181, as amended by Pub. L. 98-479, title I, § 101(b)(2), (3), Oct. 17, 1984, 98 Stat. 2220; Pub. L. 100-242, title V, §§ 521, 525, Feb. 5, 1988, 101 Stat. 1938, 1939, provided that:

"(a) For the purposes of this section:

"(1) The term ‘eligible neighborhood development activity' means

"(A) creating permanent jobs in the neighborhood;

“(B) establishing or expanding businesses within the neighborhood;

"(C) developing, rehabilitating, or managing neighborhood housing stock;

"(D) developing delivery mechanisms for essential services that have lasting benefit to the neighborhood; or

“(E) planning, promoting, or financing voluntary neighborhood improvement efforts.

"(2) The term 'eligible neighborhood development organization' means

"(A) an entity organized as a private, voluntary, nonprofit corporation under the laws of the State in which it operates;

"(B) an organization that is responsible to residents of its neighborhood through a governing body, not less than 51 per centum of the members of which are residents of the area served;

"(C) an organization that has conducted business for at least three years prior to the date of application for participation;

"(D) an organization that operates within an area that meets the requirements for Federal assistance under section 119 of the Housing and Community Development Act of 1974 [this section]; and

"(E) an organization that conducts one or more eligible neighborhood development activities that have as their primary beneficiaries low- and moderate-income persons, as defined in section 102(a)(20) of the Housing and Community Development Act of 1974 [section 5302(a)(20) of this title].

"(3) The term 'Secretary' means the Secretary of Housing and Urban Development.

"(b)(1) The Secretary shall carry out, in accordance with this section, a demonstration program to determine the feasibility of supporting eligible neighborhood development activities by providing Federal matching funds to eligible neighborhood development organizations on the basis of the monetary support such organizations have received from individuals, businesses, and nonprofit or other organizations in their neighborhoods prior to receiving assistance under this section.

"(2) The Secretary shall accept applications from eligible neighborhood development organizations for participation in the demonstration program. Eligible organizations may participate in more than one year of the program, but shall be required to submit a new application and to compete in the selection process for each program year. Not more than 30 per centum of the grants may be for multiyear awards.

"(3) From the pool of eligible neighborhood development organizations submitting applications for participation in a given program year, the Secretary shall select participating organizations in an appropriate number through a competitive selection process. To be selected, an applicant shall

"(A) have demonstrated measurable achievements in one or more of the activities specified in subsection (a)(1);

"(B) specify a business plan for accomplishing one or more of the activities specified in subsection (a)(1); and

"(C) specify a strategy for achieving greater long term private sector support.

"(c) The Secretary shall award grants under this section among the eligible neighborhood development organizations submitting applications for such grants on the basis of

"(1) the degree of economic distress of the neighborhood involved;

"(2) the extent to which the proposed activities will benefit persons of low and moderate income;

"(3) the extent of neighborhood participation in the proposed activities, as indicated by the proportion of the households and businesses in the neighborhood involved that are members of the eligible neighborhood development organization involved;

and

"(4) the extent of voluntary contributions available for the purpose of subsection (e)(4), except that the Secretary shall waive the requirement of this subparagraph in the case of an application submitted by a small eligible neighborhood development organization, an application involving activities in a very low-income neighborhood, or an application that is especially meritorious.

"(d) The Secretary shall consult with an informal working group representative of eligible neighborhood organizations with respect to the implementation and evaluation of the program established in this section.

"(e)(1) The Secretary shall assign each participating organization a defined program year, during which time voluntary contributions from individuals, businesses, and nonprofit or other organizations in the neighborhood shall be eligible for matching.

"(2) Subject to paragraph (3), at the end of each three-month period occurring during the program year, the Secretary shall pay to each participating neighborhood development organization the product

of

"(A) the aggregate amount of voluntary contributions that such organization certifies to the satisfaction of the Secretary it received during such threemonth period; and

"(B) the matching ratio established for such test neighborhoods under paragraph (4).

"(3) The Secretary shall pay not more than $50,000 under this section to any participating neighborhood

development organization during a single program

year.

"(4) For purposes of paragraph (2), the Secretary shall, for each participating organization, determine an appropriate ratio by which monetary contributions made to participating neighborhood development organizations will be matched by Federal funds. The highest such ratios shall be established for neighborhoods having the smallest number of households or the greatest degree of economic distress.

"(5) The Secretary shall insure that

"(A) grants and other forms of assistance may be made available under this section only if the application contains a certification by the unit of general local government within which the neighborhood to be assisted is located that such assistance is not inconsistent with the housing and community development plans of such unit, except that the failure of a unit of general local government to respond to a request for a certification within thirty days after the request is made shall be deemed to be a certification; and

"(B) eligible neighborhood development activities comply with all applicable provisions of the Civil Rights Act of 1964 [section 2000a et seq. of this title].

"(6) To carry out this section, the Secretary

"(A) may issue regulations as necessary;

"(B) shall utilize, to the fullest extent practicable, relevant research previously conducted by Federal agencies, State and local governments, and private organizations and persons;

"(C) shall disseminate information about the kinds of activities, forms of organizations, and fund-raising mechanisms associated with successful programs;

"(D) shall undertake any other activity the Secretary deems necessary to carry out this section, which shall include an evaluation and report to Congress on the demonstration and may include the performance of research, planning, and administration, either directly, or when in the Secretary's judgment such activity will be carried out more effectively, more rapidly, or at less cost, by contract or grant; and

"(E) may use not more than 5 per centum of the funds appropriated for administrative or other expenses in connection with the demonstration. "(f) The Secretary shall submit to the Congress

"(1) not later than three months after the end of each fiscal year in which payments are made under this section, an interim report containing a summary of the activities carried out under this section during such fiscal year and any preliminary findings or conclusions drawn from the demonstration program; and

"(2) not later than March 15 of the year after the end of the last fiscal year in which such payments are made, a final report containing a summary of all activities carried out under this section, the evaluation required in subsection (e)(6)(D) and any findings, conclusions, or recommendations for legislation drawn from the demonstration program. "(g) There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 1988, and $2,000,000 for fiscal year 1989."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5302, 5304, 5306, 5307, 5313, 5320, 11501 of this title; title 12 section 1715z; title 26 section 144.

§ 5319. Community participation in programs

No community shall be barred from participating in any program authorized under this chapter solely on the basis of population, except as expressly authorized by statute.

(Pub. L. 93-383, title I, § 120, as added Pub. L. 95-557, title I, § 103(i), Oct. 31, 1978, 92 Stat. 2084.)

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 104 of Pub. L. 95-557, set out as an Effective Date of 1978 Amendment note under section 1709 of Title 12, Banks and Banking.

§ 5320. Historic preservation requirements

(a) Regulations

With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 of this title and their relationship with

(1) "An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes", approved October 14, 1966, as amended [16 U.S.C. 470 et seq.]; and

(2) "An Act to provide for the preservation of historical and archaeological data (including relics and specimens) which might otherwise be lost as a result of the construction of a dam", approved June 27, 1960, as amended [16 U.S.C. 469 to 469c-1].

(b) Actions by State historic preservation officer and Secretary of the Interior

In prescribing and implementing such regulations with respect to applications submitted under section 5318 of this title which identify any property pursuant to subsection (c)(4)(B) of such section, the Secretary of the Interior shall provide at least that

(1) the appropriate State historic preservation officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and

(2) the Secretary of the Interior shall, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant in accordance with paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places.

(c) Regulations by Advisory Council on Historic Preservation providing for expeditious action

The Advisory Council on Historic Preservation shall prescribe regulations providing for expeditious action by the Council in making its comments under section 106 of the Act [16 U.S.C. 470f] referred to in subsection (a)(1) in the case of properties which are included on, or eligible for inclusion on, the National Register

of Historic Places and which are affected by a project for which an application is made under section 5318 of this title.

(Pub. L. 93-383, title I, § 121, as added Pub. L. 96-399, title I, § 110(c), Oct. 8, 1980, 94 Stat. 1620, and amended Pub. L. 97-35, title III, § 308(b), Aug. 13, 1981, 95 Stat. 396.)

REFERENCES IN TEXT

"An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes", approved October 14, 1966, as amended, referred to in subsec. (a)(1), probably means Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, known as the National Historic Preservation Act, which is classified generally to subchapter II (§ 470 et seq.) of chapter 1A of Title 16, Conservation. For complete classification of this Act to the Code see section 470(a) of Title 16 and Tables.

"An Act to provide for the preservation of historical and archaelogical data (including relics and specimens) which might otherwise be lost as a result of the construction of a dam", approved June 27, 1960, as amended, referred to in subsec. (a)(2), is Pub. L. 86-523, June 27, 1960, 74 Stat. 220, as amended, which enacted sections 469 to 469c-1 of Title 16. For complete classification of this Act, see Tables.

of

(c) Effective date of orders establishing

standards.

(d) Supremacy of Federal standards.

(e) Amendment or revocation by Secretary; effective date.

(f) Criteria.

(g) Time for issuance of order establishing initial standards.

(h) Coverage; exclusion.

(i) Manufactured housing construction and safety standards. National Manufactured Home Advisory Council.

(a) Appointment; composition; appoint-
ments without regard to civil serv-
ice laws; publication of names of
members and designation of mem-
bers representing general public.
(b) Consultation by Secretary with
Council prior to establishment, etc.,
of standards.

(c) Compensation; per diem; travel expenses. Judicial review of orders establishing standards; petition; additional evidence before Secretary; certified copy of transcript. Submission of cost or other information by manufacturer.

(a) Purpose of submission; detail of information.

to

(b) Conditions upon availability
public of submitted information.
(c) Establishment, etc., of standards on
basis of submitted information;
publication of notice in Federal
Register by Secretary to allow com-
ment by interested parties.

(d) "Cost information" defined. (e) Power of Secretary to obtain or require submission of information under other provisions unaffected. Research, testing, development, and training by Secretary; scope; contracts and grants with States, interstate agencies, and independent institutions.

Cooperation by Secretary with public and private agencies.

Prohibited acts; exemptions.

Civil and criminal penalties.

(e) Designation by manufacturer agent for service of administrative and judicial processes, etc.; filing and amendment of designation; failure to make designation. Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or dealer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation.

Inspections and investigations for promulgation or enforcement of standards or execution of other duties.

(a) Authority of Secretary; results furnished to Attorney General and Secretary of Treasury for appropriate action.

(b) Designation by Secretary of persons to enter and inspect factories, etc.; presentation of credentials; reasonableness and scope of inspection.

(c) Powers of Secretary.

(d) Refusal to obey subpena or order of Secretary; order of compliance by district court; failure to obey order of compliance punishable as contempt.

(e) Submission by manufacturer of building plans for manufactured homes; certification by manufacturer of conformity of building plans to standards.

(f) Records, reports and information from manufacturers, distributors and dealers of manufactured homes; inspection and examination of relevant books, papers, records and documents by designated person.

(g) Performance and technical data from manufacturer; persons required to receive notification of data.

(h) Disclosure of confidential information and trade secrets.

Notification and correction of defects by manufacturer.

(a) Notice to purchaser within reasonable time after discovery of defect.

(b) Notification by mail.

(c) Form and requisites of notification.
(d) Copy to Secretary of all notices, bul-
letins, and communications sent by
manufacturer to dealers and pur-
chasers concerning defects; disclo-
sure to public by Secretary.

(e) Notice by Secretary to manufactur-
ers of noncompliance with stand-
ards or defective nature of manu-
factured home; contents of notice;
presentation by manufacturer of
views; notice to purchasers of de-
fects.

(f) Maintenance by manufacturers of record of names and addresses of first purchasers of manufactured homes; procedures for ascertaining names and addresses of subsequent purchasers; establishment and reasonableness of procedures for maintaining records.

(g) Correction of defects by manufacturer; conditions; procedures; contract or legal rights of purchasers or other persons unaffected.

(h) Submission to Secretary by manufacturer of plan for notifying owners of defects and repair of defects; approval of manufacturer's remedy plan; effectuation and implementation of remedy plan.

(i) Defective or inadequately repaired manufactured homes; replacement with new or equivalent home or refund of purchase price.

Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification. Consumer's manual; contents.

Effect upon antitrust laws.

Use of services, research and testing facilities of public agencies and independent laboratories.

Inspection fees.

Failure to report violations; penalties. Prohibition on waiver of rights.

State enforcement.

(a) Jurisdiction of State agency or court under State law.

(b) Assumption of responsibility for enforcement of Federal standards; submission of enforcement plan to Secretary.

(c) Criteria for approval of State plan by Secretary.

(d) Notice and hearing prior to rejection by Secretary of State plan.

(e) Discretionary enforcement by Secretary of standards in State having approved plan.

§ 5401. Congressional declaration of purposes

The Congress declares that the purposes of this chapter are to reduce the number of personal injuries and deaths and the amount of insurance costs and property damage resulting from manufactured home accidents and to improve the quality and durability of manufactured homes. Therefore, the Congress determines that it is necessary to establish Federal construction and safety standards for manufactured homes and to authorize manufactured home safety research and development.

(Pub. L. 93-383, title VI, § 602, Aug. 22, 1974, 88 Stat. 700; Pub. L. 96-399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97-35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417.)

CODIFICATION

References to "mobile homes", wherever appearing in text, were changed to "manufactured homes" in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of Pub. L. 96-399 requiring the substitution of "manufactured home" for "mobile home" wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L. 97-35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms "mobile home" and "manufactured home" shall be deemed to include the terms "mobile homes" and "manufactured homes", respectively.

AMENDMENTS

1980-Pub. L. 96-399 substituted "manufactured home" for "mobile home" wherever appearing.

EFFECTIVE DATE

Section 628 of Pub. L. 93-383 provided that: "The provisions of this title [enacting this chapter and provisions set out as a note under this section] shall take effect upon the expiration of 180 days following the date of enactment of this title [Aug. 22, 1974]."