such sums, not to exceed $70,000,000,1 as may be necessary to carry out the purposes of this section. (f) The Administrator 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 Administrator, 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)5 (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 Administrator determines to be equitable. (2) The Administrator 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 Administrator 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 Administrator. 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 "Administrator" shall mean the Housing and Home Finance Administrator; (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 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," 2 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". Sec. 6, Public Works Acceleration Act, Public Law 87-658, approved September 14, 1962, 76 Stat. 541, 544, added this subsection. 5 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. MORTGAGE INSURANCE FOR LAND DEVELOPMENT See: Title X, National Housing Act-- p. 144 See also: PUBLIC FACILITIES GRANTS Solid Waste Disposal Act, Public Law 89-272 Public Works and Economic Development Act of 1965– Consolidated Farmers Home Administration Act of 1961 (rural Demonstration Cities and Metropolitan Development Act of 1966: Title II, Metropolitan development, supplementary grants.. Federal Water Pollution Control Act__ Appalachian Regional Development Act of 1965. P.. 442 p. 466. 7 U.S.C. 1926 p.. 279 p. 322 33 U.S.C. 466j p. 377 p. 249 42 U.S.C. 2641 p. 349 p. 670 42 U.S.C. 3251 EXCERPTS FROM HOUSING AND URBAN DEVELOPMENT ACT OF 1965 [Public Law 89-117, 79 Stat. 451, 489; 42 U.S.C. 3101] TITLE VII-COMMUNITY FACILITIES PURPOSE SEC. 701. The purpose of this title is to assist and encourage the communities of the Nation fully to meet the needs of their citizens by making it possible, with Federal grant assistance, for their governmental bodies (1) to construct adequate basic water and sewer facilities needed to promote the efficient and orderly growth and development of our communities, (2) to construct neighborhood facilities needed to enable them to carry on programs of necessary social services, and (3) to acquire, in a planned and orderly fashion, land to be utilized in connection with the future construction of public works and facilities. GRANTS FOR BASIC WATER AND SEWER FACILITIES SEC. 702. (a) The Housing and Home Finance Administrator (hereinafter in this title referred to as the "Administrator") is authorized to make grants to local public bodies and agencies to finance specific projects for basic public water facilities (including works for the storage, treatment, purification, and distribution of water), and for basic public sewer facilities (other than "treatment works" as defined in the Federal Water Pollution Control Act 1): Provided, That 1 "Treatment works" is defined in the Federal Water Pollution Control Act as "the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, and their appurtenances, and includes any extensions, improvements, remodeling, additions, and alterations thereof" (33 U.S.C. 466j). 1 no grant shall be made under this section for any sewer facilities unless. the Secretary of Health, Education, and Welfare 1 certifies to the Administrator that any waste material carried by such facilities will be adequately treated before it is discharged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards. (b) The amount of any grant made under the authority of this. section shall not exceed 50 per centum of the development cost of the project: Provided, That in the case of a community having a population of less than ten thousand, according to the most recent decennial census, which is situated within a metropolitan area, the Administrator may increase the amount of a grant for a basic public sewer facility assisted under this section to not more than 90 per centum of the development cost of such facility, if the community is unable to finance the construction of such facility without the increased grant authorized under this subsection, and if in such community (1) there does not exist a public or other adequate sewer facility which serves a substantial portion of the inhabitants of the community, and (2) the rate of unemployment is, and has been continuously for the preceding calendar year, 100 per centum above the national average: And provided further, That the limitations and restrictions contained in subsection (c) of this section shall not be applicable to any community applying for an increased grant under this subsection. (c) No grant shall be made under this section in connection with any project unless the Administrator determines that the project is necessary to provide adequate water or sewer facilities for, and will contribute to the improvement of the health or living standards of, the peoplein the community to be served, and that the project is (1) designed so that an adequate capacity will be available to serve the reasonably foreseeable growth needs of the area; (2) consistent with a program meeting criteria, established by the Administrator, for a unified or officially coordinated areawide water or sewer facilities system as part of the comprehensively planned development of the area, except that prior to July 1, 1968, grants may, in the discretion of the Administrator, be made under this section when such a program for an areawide water and sewer facilities system is under active preparation, although not yet completed, if the facility or facilities for which assistance is sought can reasonably be expected to be required as a part of such program, and there is urgent need for the facility or facilities; and (3) necessaryto orderly community development. GRANTS FOR NEIGHBORHOOD FACILITIES SEC. 703. (a) In accordance with the provisions of this section, the Administrator is authorized to make grants to any local public body or agency to assist in financing specific projects for neighborhood facilities. Any such project may be undertaken by such body or agency directly or through a nonprofit organization approved by it: Provided, That no grant shall be provided under this section for any project to be undertaken through a nonprofit organization unless the Adminis 1 The functions of the Secretary of Health, Education, and Welfare under sec. 702(a), were transferred to the Secretary of the Interior by Reorganization Plan No. 2 of 1966, effective May 10, 1966. trator determines (1) that such organization has or will have the legal, financial, and technical capacity to carry out the project, and (2) that the public body or agency to which the grant is made will have satisfactory continuing control over the use of the proposed facilities. (b) The amount of any grant made under the authority of this section shall not exceed 663 per centum of the development cost of the project for which the grant is made (or 75 per centum of such cost in the case of a project located in an area which at the time the grant is made is designated as a redevelopment area under the Area Redevelopment Act or any Act supplementary thereto).1 (c) No grant shall be made under this section for any project unless the Administrator determines that the project will provide a neighborhood facility which is (1) necessary for carrying out a program of health, recreational, social, or similar community service (including a community action program approved under title II of the Economic Opportunity Act of 1964)2 in the area, (2) consistent with comprehensive planning for the development of the community, and (3) so located as to be available for use by a significant portion (or number in the case of large urban places) of the area's low-or moderate-income residents. (d) For a period of twenty years after a grant has been made under this section for a neighborhood facility, such facility shall not, without the approval of the Administrator, be converted to uses other than those proposed by the applicant in its application for a grant. The Administrator shall not approve any conversion in the use of such a neighborhood facility during such twenty-year period unless he finds that such conversion is in accordance with the then applicable program of health, recreational, social, or similar community services in the area and consistent with comprehensive planning for the development of the community in which the facility is located. In approving any such conversion, the Administrator may impose such additional conditions and requirements as he deems necessary. (e) The Administrator shall give priority to applications for projects designed primarily to benefit members of low-income families or otherwise substantially further the objectives of a community action program approved under title II of the Economic Opportunity Act of 1964. ADVANCE ACQUISITION OF LAND SEC. 704. (a) In order to encourage and assist in the timely acquisition of land planned to be utilized in connection with the future construction of public works or facilities, the Administrator is authorized to make grants to local public bodies and agencies to assist in financing the acquisition of a fee simple estate or other interest in such land. (b) The amount of any grant made under the authority of this section shall not exceed the aggregate amount of reasonable interest charges on the loan or other financial obligation incurred to finance the acquisition of such land for a period not exceeding the lesser of (1) five years from the date such loan was made or such financial obligation was incurred, or (2) the period of time between the date such loan was made or such financial obligation was incurred and the 1 See Public Works and Economic Development Act of 1965, infra. 242 U.S.C. 2781. |