Page images
PDF
EPUB

PART 701-PROGRAMS AND

PROCEDURE Sec. 701.1 Programs. 701.2 Procedure.

AUTHORITY: The provisions of this part 701 issued under Reorganization Plan No. 3 of 1947, 61 Stat. 954, 5 U.S.C. 133y note.

SOURCE: The provisions of this part 701 appear at 24 F.R. 10206, Dec. 17, 1959, unless otherwise noted. § 701.1 Programs.

(a) The Community Facilities Administration, headed by the Community Facilities Commissioner, was established as a constituent unit of the Housing and Home Finance Agency by the Housing and Home Finance Administrator's Organizational Order No. 1 of December 23, 1954 (19 F.R. 9320, December 29, 1954). There are administered through the Community Facilities Administration the following active operating programs: Loans to public or private nonprofit educational institutions of higher learning, including hospitals operating a school of nursing or approved for internships, for the construction of housing and other educational facilities for students and faculties, under title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749); public facility loans to State and local public agencies to finance specific public projects, under title II of the Housing Amendments of 1955 (42 U.S.C. 1491); advances to public agencies to aid in financing the planning of public works, under section 702 of the Housing Act of 1954, as amended by section 112 of the Housing Amendments of 1955 (40 U.S.C. 462); and, under agreement with the Commissioner of Education, supervision of construction of school facilities for which Federal aid is provided through the U.S. Office of Education under Public Law 815, 81st Cong., as amended (20 U.S.C. 631).

under title III of Defense Housing and Community Facilities and Services Act of 1951, as amended (42 U.S.C. 1592); prefabricated housing loans under Reorganization Plan No. 23 of 1950 (5 U.S.C. 1332–15 note) and section 4 of Reconstruction Finance Corporation Act, as amended (15 U.S.C. 604), and sections 102 and 102a of Housing Act of 1948, as amended (12 U.S.C. 1701g, 1701g-1); first and second advance planning under Reorganization Plan No. 17 of 1950 (5 U.S.C. 1337-15 note) and Title V of War Mobilization and Reconversion Act of 1944 (50 U.S.C. App. 1671 note) and Public Law 352, 81st Cong. (40 U.S.C. 451); war public works under Reorganization Plan No. 17 of 1950 (5 U.S.C. 133715 note) and title II of Lanham Act, as amended (42 U.S.C. 1531); Alaska housing loans under Alaska Housing Act, as amended (48 U.S.C. 484); and public agency loans (RFC) under Reorganization Plan No. 1 of 1957 (5 U.S.C. 1332-15 note).

$ 701.2 Procedure.

The general course and method by which functions administered through the Community Facilities Administration on behalf of the Housing and Home Finance Administrator are channeled and determined are as follows: The prescribed forms for application for assistance under the active operating programs listed above are obtained from and filed with the Regional Office of the Housing and Home Finance Agency serying the area in which the applicant is located. Upon approval of an application by either the Regional Administrator or Community Facilities Commissioner, as appropriate, an agreement between the Government and the applicant is executed. Further information concerning operations may be obtained from the appropriate Regional Office of the Housing and Home Finance Agency or from the Community Facilities Commissioner, Office of the Administrator, Housing and Home Finance Agency, 1626 K Street NW., Washington 25, D.C.

(b) The Community Facilities Administration is also responsible for management and liquidation of the following programs: Loans and grants for construction of defense community facilities

PART 702—ADVANCES FOR PUBLIC section 603 of the War Mobilization and WORKS PLANNING

Reconversion Act of 1944, 58 Stat. 792.

(b) Administrator. The Housing and Subpart A—Advances for Public Works Planning Home Finance Administrator, Housing (First Program)

and Home Finance Agency. Sec.

(c) Administration. The Community 702.1 Definitions.

Facilities Administration, an organiza702.2 Purpose of the act. 702.3 Advances.

tion unit within the Office of the Admin702.4 Apportionment of funds.

istrator. Housing and Home Finance 702.5 Submission of applications.

Agency, which is authorized to admin702.6 Types of public works.

ister the act. 702.7 Conformity to over-all plan.

(d) Commissioner. The Community 702.8 Arrangements for construction.

Facilities Commissioner, Community Fa702.9 Agreements. 702.10 Plan preparation.

cilities Administration, Office of the Ad702.11 Payment to applicants.

ministrator, Housing and Home Finance 702.12 Repayment of advances.

Agency. 702.13 Records and documents.

(e) State. Any one of the several 702.15 Operating procedures and instruc- States of the United States, the District tions.

of Columbia, Alaska, Hawaii, or Puerto 702.16 Reports to the Administrator.

Rico. 702.17 Interest of member of or delegate to

(f) Public agencies. The States and Congress.

their agencies and political subdivisions Subpart B-Advances for Public Works Planning established by law and which have basic

(First, Second, and Third Programs): Determi- authority to construct public works. nations With Respect to Liability for Repayment (g) Applicant. Any public agency of Advances

which makes application for Federal 702.30 Purpose.

Assistance under the act and this 702.31 Definitions.

subpart. 702.32 Repayment of advance.

(h) Application. The document or 702.33 Advance repayable in full.

documents, including amendments and 702.34 Proportionate repayment of advance. 702.35 Advance not presently repayable.

communications, filed with the Admin702.36 Termination of liability.

istration by the applicant for an ad702.37 Termination of agreement.

vance of funds for plan preparation. 702.38 Termination of liability as result of (i) Plan preparation. Architectural

Accelerated Public Works grant. engineering, and economic investigaSubpart A-Advances for Public

tions and studies, surveys, designs, plans,

working drawings, specifications, estiWorks Planning (First Program)

mates of costs, procedures and other AUTHORITY: The provisions of this Sub- planning activities in advance of the conpart A issued under sec. 501, 58 Stat. 791; 50 struction of specific public works. U.S.C. App. 1671, Reorg. Plan No. 17 of 1950, (j) Advances. The Federal funds ad15 F.R. 3177; 3 CFR, 1950 Supp.

vanced under the authority of the act SOURCE: The provisions of this Subpart A

and this subpart to any public agency to appear 11 F.R. 609, Jan. 15, 1946. Redesig- aid in financing the cost of plan nated at 13 F.R. 7356, Dec. 2, 1948 as amended preparation. at 15 F.R. 1346, Mar. 14, 1950; 16 F.R. 5022,

(k) Agreement. The document exeMay 29, 1951; 30 F.R. 5511, Apr. 17, 1965, unless otherwise noted.

cuted by the applicant and the Admin

istration covering the terms and condi$ 702.1 Definitions.

tions of an advance and the repayment For the purpose of this subpart, the

thereof. following terms shall be construed, re- (11 F.R. 609, Jan. 15, 1946, as amended at spectively, to mean:

20 F.R. 9343, Dec. 14, 1955; 30 F.R. 5511, Apr. (a) Act. Title V of the act of Congress

17, 1965) of October 3, 1944, entitled the “War Mobilization and Reconversion Act of

§ 702.2 Purpose of the act. 1944" (58 Stat. 791; 50 U.S.C. App.,

The act authorizes the Housing and 1671) which provides for assistance to Home Finance Administrator to make States and other non-Federal public loans or advances to public agencies in agencies in the plan preparation of their order to encourage and to assist them in proposed public works. The authority completing the plan preparation of useto make new loans or advances expired ful public works, thereby developing a reon June 30, 1947, under the provisions of serve of non-Federal public works which

can be placed under construction with a minimum of delay as circumstances warrant.

$ 702.3

Advances. (a) The act authorizes assistance in the form of loans or advances of Federal funds, but in order to simplify the administration of the act this subpart limits assistance to advances.

(b) The making of an advance does not in any way commit the Congress of the United States to appropriate funds to undertake any public works planned with the proceeds of such advance.

(c) The applicant in accepting an advance for plan preparation agrees that it will not accept any loan from any Federal agency for the const iction of the public work planned in whole or in part with such advance unless the making of such construction loan shall be specifically authorized by Federal law.

(d) An advance shall not be required to be repaid until the construction of the public work for which the advance is made is undertaken or started as provided in $ 702.12. Until such construction is undertaken or started the advance shall not be deemed by the United States to be a debt or obligation within the meaning of any constitutional or statutory limitation.

(e) No interest charge shall be made for any advance.

(f) Advances shall not be approved to reimburse the applicant for any disbursement made or to defray any costs incurred prior to the approval of an application. Funds advanced shall not be used to defray the cost of any contract entered into by the public agency prior to the approval of the application for an advance if in such contract the public agency has agreed to finance the plan preparation from other funds.

(g) Funds advanced shall not be used for the acquisition of land or any interest in land. (11 F.R. 609, Jan. 15, 1946, as amended at 30 F.R. 5511, Apr. 17, 1965)

States, as shown by the Federal census of 1940;

(b) States whose apportionments do not total one-half of 1 percent of the total amount appropriated for advances after the above distribution shall have their apportionments increased to that percentage from the 10 percent available for discretionary use; and

(c) The balance of the funds as may be determined by the Commissioner with the approval of the Administrator. § 702.5 Submission of applications.

Applications for advances for plan preparation shall be submitted to the Regional Offices of the Office of the Administrator, Housing and Home Finance Agency. § 702.6 Types of public works.

(a) Applications for advances for the plan preparation of the following types of public works of States and other nonFederal public agencies are eligible under the provisions of the act:

(1) Highways, roads and streets, for which other Federal funds are not legally available, which shall consist of highways, roads, and urban streets, including such items as culverts, drainage facilities, sidewalks, curbs and gutters, guard rails and guard walls, road and street lighting, traffic control facilities, roadside landscaping, and other similar work.

(2) Bridges, viaducts and grade separations, for which other Federal funds are not legally available, which shall consist of bridges, viaducts, grade separation structures, grade crossing eliminations, tunnels, and other similar work.

(3) Airports, for which other Federal funds are not legally available, which shall consist of all types of public airport buildings and landing facilities, including such items as terminal buildings, hangars, administration buildings, grading, leveling and seeding of land fields, construction of runways, taxi strips, aprons, landing platforms, seaplane ramps, drainage facilities, lighting facilities, airway markers and beacons, and other airport and airway facilities.

4) Sewer, water, and sanitation facilities, which shall consist of sewer systems, including such items as sewage treatment and disposal plants, sanitary sewers, storm sewers, and drainage systems; water systems, including such items as water supply and storage, water treatment plants, pumping stations,

§ 702.4. Apportionment of funds.

Funds appropriated for the making of advances under the act shall be apportioned among the several States in the following manner:

(a) Ninety percent in the proportion which the population of each State bears to the total population of all the

legally authorized over-all planning agency exists, evidence of the approval of the proposed public work by the authority having jurisdiction thereof shall be required. § 702.8 Arrangements for construction.

Each application shall contain evidence that the applicant has basic legal authority to finance and construct the public works, and that it plans and reasonably expects to initiate the construction of the proposed public works within four years after the receipt of the advance and to prosecute the public works to completion.

water distribution and irrigation systems; and sanitary facilities such as incinerator plants, malarial control facilities, and other similar work.

(5) Schools and other educational facilities, which shall consist of public school facilities such as school buildings, administration buildings, auditoriums, gymnasiums, and dormitories; public libraries; and other educational facilities.

(6) Hospitals and health facilities, which shall consist of public hospitals, nurses' homes, clinics, health centers and laboratories, sanitariums and other health facilities.

(7) Other public buildings, which shall consist of city halls, courthouses, institutional buildings, administrative buildings, police and fire stations, armories, garages, storage buildings, community buildings, and other public buildings not included under subparagraphs (3), (5), (6), (8) and (9) of this paragraph.

(8) Parks and other recreational faclities, which shall consist of public parks, playgrounds, fairgrounds, and other recreational facilities, not included under subparagraph (5) of this paragraph, including such items as recreation centers, gymnasiums, athletic fields, swimming pools, tennis courts, and other such recreational facilities.

(9) Miscellaneous public facilities, which shall consist of other types of public facilities such as transportation facilities, port facilities, electric power plants, and distribution systems, public docks, wharves and piers, non-Federal river and harbor improvements, and other miscellaneous public facilities.

(b) The following types of public works are not eligible for assistance under the provisions of the act:

(1) Public housing projects of Federal, State or local housing agencies or authorities.

(2) Federal projects of Federal departments, agencies, and instrumentalities.

(3) Federal-aid and State highway projects of the Federal Public Roads Administration and the State Highway Departments. § 702.7 Conformity to over-all plan.

Each application for an advance for plan preparation shall contain evidence that the public work to be planned conforms to an over-all State, local or regional plan approved by competent State, local or regional authority. Where no

$ 702.9 Agreements.

(a) An agreement between the applicant and the Service shall be executed for each advance on a form furnished by the Service. No payment on any advance shall be made by the United States unless and until such agreement has been executed.

(b) Subsequent to execution of the advance agreement, no change shall be made which will increase the amount of the advance of the Federal Government or alter its terms or conditions except upon agreement with the Service. § 702.10 Plan preparation.

(a) The applicant shall be responsible for the character, adequacy, and method of plan preparation, in accordance with acceptable professional practices, and upon the receipt of the initial payment shall take prompt steps to initiate and prosecute the plan preparation to completion.

(b) The applicant agrees that it will use the funds advanced only for the plan preparation for the public work for which the advance is made and that such plan preparation will be adequate and suitable for the purpose intended to be served by the advance.

(c) If the plan preparation is performed on a contractual basis, State or local regulations affecting employment within the professions involved shall be observed.

(d) If the applicant uses its own employees for the plan preparation, only those costs incurred by the applicant for the plan preparation which would not have been incurred except for such plan preparation shall be paid with the funds advanced.

$ 702.11 Payment to applicants.

Upon execution of the agreement a partial payment of the agreed advance may be made by the Administration to the applicant. Final payment shall not be made until the plan preparation has been completed and final costs determined. Any funds advanced which are found to be in excess of the final costs incurred by the applicant in the plan preparation shall be promptly refunded. § 702.12 Repayment of advances.

Each advance shall be repaid in full without interest by the applicant when the construction of the public work for which the advance is made is undertaken or started. The construction shall be considered as undertaken or started when the first construction contract is awarded or the applicant begins construction with its own forces. $ 702.13 Records and documents.

Applicants shall keep accurate accounting records of all costs involved in connection with plan preparation. The accounts and records of the applicants shall be open at all times to inspection by the authorized representatives of the Administration, and copies shall be furnished when requested. The applicant shall furnish the Administration a copy of any contract for architectural or engineering services for any other contract entered into in connection with plan preparation immediately upon execution thereof.

When requested by the Administration, the applicant shall furnish a report on the progress of plan preparation. § 702.15 Operating procedures and in

structions. The Commissioner is hereby authorized to issue such operating procedures and instructions not in conflict with Federal law or with this subpart as he may deem necessary for carrying out the provisions and effectuating the purposes of the act and this subpart, and all such operating procedures and instructions issued by him shall be and continue in full force and effect from the date on which issued or made effective until modified or revoked by him. [30 F.R. 5511, Apr. 17, 1965) $ 702.16 Reports to the Administrator.

The Commissioner will submit to the Administrator a semi-annual report of

operations under the act and such other special reports as he may request. $ 702.17 Interest of member of or dele

gate to Congress. No member of or delegate to Congress or resident commissioner, shall be admitted to any share or part of any agreement providing for the making of an advance, or to any benefit arising from any such agreement. Subpart B-Advances for Public

Works Planning (First, Second, and Third Programs): Determinations With Respect to Liability for Repayment of Advances AUTHORITY: The provisions of this Subpart B issued under sec. 502 of Housing Act of 1948, as amended, 12 U.S.C. 1701c; and sec. 702 of Housing Act of 1954, as amended, 40 U.S.C. 462.

SOURCE: The provisions of this Subpart B appear at 30 F.R. 5511, Apr. 17, 1965, unless otherwise noted. $ 702.30 Purpose.

The regulations in this Subpart B prescribe standards forming the bases for determinations with respect to liability for repayment of a planning advance under the following programs:

(a) Advances for Public Works Planning (First Program). Title V of War Mobilization and Reconversion Act of 1944, as amended, 50 U.S.C. 1671.

(b) Advances for Public Works Planning (Second Program). Act of October 13, 1949, entitled “An Act to provide for the advance planning of non-Federal public works," as amended, 40 U.S.C. 451.

(c) Advances for Public Works Planning (Third Program). Section 702 of Housing Act of 1954, as amended, 40 U.S.C. 462. § 702.31 Definitions.

For the purpose of this subpart, the following terms shall be construed, respectively, to mean:

(a) Administrator. The Housing and Home Finance Administrator.

(b) Applicant. Any public agency or Indian tribe which has obtained a planning advance.

(c) Final plans. Final plans are based on preliminary planning and include preparation of all detailed plans and specifications required to award construction contracts and complete the project for its intended use.

« PreviousContinue »