Public Law 90–577

Sec. 101. federal agency

The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government and any wholly owned Government corporation.

Sec. 102. state

The term “State” means any of the several States of the United States, the’ District of Columbia, Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, but does not include the governments of the political subdivisions of the State.

Sec. 103. political subdivision or local government

The term “political subdivision” or “local government” means a local unit of government, including specifically a county, municipality, city, town, township, or a school or other special district created by or pursuant to State law.

Sec. 104. unit of general local government

“Unit of general local government” means any city, county, town, parish, village, or other general purpose political subdivision of a State.

Sec. 105. special-purpose unit of local government

“Special-purpose unit of local government” means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district.

Sec. 106. grant or grant-in-aid

The term “grant” or “grant-in-aid” means money, or property provided in lieu of money, paid or furnished by the United States under a fixed annual or aggregate authorization—

if such authorization either (i) requires the States or political subdivisions to expend non-Federal funds as a condition for the receipt of money or property from the United States; or (ii) specifies directly, or establishes by means of a formula, the amounts which may be paid or furnished to States or political subdivisions, or the amounts to be allotted for use in each of the States by the States, political subdivisions, or other beneficiaries. The term also includes money, or property provided in lieu of money, paid and furnished by the United States to any community action agency under the Economic Opportunity

78 Stat. 508.

42 USC 2701 note.

Act of 1964, as amended. The term does not include (1) shared revenues; (2) payments of taxes; (3) payments in lieu of taxes; (4) loans or repayable advances; (5) surplus property or surplus agricultural commodities furnished as such: (6) payments under research and development contracts or grants which are awarded directly and on similar terms to all qualifying organizations, whether public or private; or (7) payments to States or political subdivisions as full reimbursement for the costs incurred in paying benefits or furnishing services to persons entitled thereto under Federal laws.

Sec. 107. federal assistance, federal financial assistance, federal assistance programs, or federally assisted programs

The term “Federal assistance”, “Federal financial assistance”, “Federal assistance programs”, or “federally assisted programs”, means programs that provide assistance through grant or contractual arrangements, and includes technical assistance programs or programs providing assistance in the form of loans, loan guarantees, or insurance. The term does not include any annual payment by the United States to the District of Columbia authorized by article VI of the District of Columbia Revenue Act of 1947 (D.C. Code secs.

80 Stat. 857; Ante, p. 612.

47–2501a and 47–2501b).

Sec. 108. specialized or technical services

“Specialized or technical services” means statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training activities, surveys, reports, documents, and any other similar service functions which any department or agency of the executive branch of the Federal Government is especially equipped and authorized by law to perform.

Sec. 109. comprehensive planning

“Comprehensive planning” includes the following, to the extent directly related to area needs or needs of a unit of general local government: (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 definitive 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.

Sec. 110. head of agency

The term “head of a Federal agency” or “head of a State agency” includes a duly designated delegate of such agency head.

Sec. 201. full information on funds received

Any department or agency of the United States Government which administers a program of grants-in-aid to any of the State governments of the United States or to their political subdivisions shall, upon request, notify in writing the Governor, the State legislature, or other official designated by either, of the purpose and amounts of actual grants-in-aid to the State or to its political subdivisions. In each instance, a copy of requested information shall be furnished the State legislature or the Governor depending upon the original request for such data.

Sec. 202. deposit of grants-in-aid

No grant-in-aid to a State shall be required by Federal law or administrative regulation to be deposited in a separate bank account apart from other funds administered by the State. All Federal grant-in-aid funds made available to the States shall be properly accounted for as Federal funds in the accounts of the State. In each case the State agency concerned shall render regular authenticated reports to the appropriate Federal agency covering the status and the application of the funds, the liabilities and obligations on hand, and such other facts as may be required by said Federal agency. The head of the Federal agency and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to the grant-in-aid received by the States.

Sec. 203. scheduling of federal transfers to the states

Heads of Federal departments and agencies responsible for administering grant-in-aid programs shall schedule the transfer of grant-in-aid funds consistent with program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by a State, whether such disbursement occurs prior to or subsequent to such transfer of funds, or subsequent to such transfer of funds. States shall not be held accountable for interest earned on grant-in-aid funds, pending their disbursement for program purposes.

Sec. 204. eligible state agency

Notwithstanding any other Federal law which provides that a single State agency or multimember board or commission must be established or designated to administer or supervise, the administration of any grant-in-aid program, the head of any Federal department or agency administering such program may, upon request of the Governor or other appropriate executive or legislative authority of the State responsible for determining or revising the organizational structure of State government, waive the single State agency or multimember board or commission provision upon adequate showing that such provision prevents the establishment of the most effective and efficient organizational arrangements within the State government and approve other State administrative structure or arrangements: Provided, That the head, of the Federal department or agency determines that the objectives of the Federal statute authorizing the grant-in-aid program will not be endangered by the use of such other State structure or arrangements.

Sec. 301. statement of purpose

It is the purpose of this title to encourage intergovernmental cooperation in the conduct of specialized or technical services and provision of facilities essential to the administration of State or local governmental activities, many of which are nationwide in scope and financed in part by Federal funds; to enable State or local governments to avoid unnecessary duplication of special service functions; and to authorize all departments and agencies of the executive branch of the Federal Government which do not have such authority to provide reimbursable specialized or technical services to State and local governments.

Sec. 302. authority to provide service

The head of any Federal department, or agency is authorized within his discretion, upon written request from a State or political subdivision thereof, to provide specialized or technical services, upon payment, to the department or agency by the unit of government making the request, of salaries and all other identifiable direct or indirect costs of performing such services: Provided, however, That such services shall include only those which the Director of the Bureau of the Budget through rules and regulations determines Federal departments and agencies have special competence to provide. Such rules and regulations shall be consistent with and in furtherance of the Government’s policy of relying on the private enterprise system to provide those services which are reasonably and expeditiously available through ordinary business channels.

Sec. 303. reimbursement of appropriation

All moneys received by any department or agency of the executive branch of the Federal Government, or any bureau or other administrative division thereof, in payment for furnishing specialized or technical services as authorized under section 302 shall be deposited to the credit of the principal appropriation from which the cost of providing such services has been paid or is to be charged.

Sec. 304. reports to congress

The Secretary of any department or the administrative head of any agency of the executive branch of the Federal Government shall furnish annually to the respective Committees on Government Operations of the Senate and House of Representatives a summary report on the scope of the services provided under the administration of this title.

Sec. 305. reservation of existing authority

This title is in addition to and does not supersede any existing authority now possessed by any Federal department or agency with respect to furnishing services, whether on a reimbursable or non-reimbursable basis, to State and local units of government.

Sec. 401. declaration of development assistance policy

Sec. 402. favoring units of general local government

Where Federal law provides that both special-purpose units of local government and units of general local government are eligible to receive loans or grants-in-aid, heads of Federal departments and agencies shall, in the absence of substantial reasons to the contrary, make such loans or grants-in-aid to units of general local government rather than to special-purpose units of local government.

Sec. 403. rules and regulations

The Bureau of the Budget or such other agency as may be designated by the President is hereby authorized to prescribe such rules and regulations as are deemed appropriate for the effective administration of this title.

Sec. 501. amendment of federal property and administrative services act

The Federal Property and Administrative Services Act

63 Stat. 377.

of 1949, as amended (40 U.S.C. 471 et seq.), is amended by adding at the end thereof a new title as follows:

“TITLE VIII— URBAN LAND UTILIZATION

“Sec. 801. “short title

This title may be cited as the ‘Federal Urban Land-Use Act’.

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“Sec. 802. “declaration of purpose and policy

It is the purpose of this title to promote more harmonious intergovernmental relations and to encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures whereby the Administrator shall acquire, use, and dispose of land in urban areas in order that urban land transactions entered into for the General Services Administration or on behalf of other Federal agencies shall, to the greatest, extent practicable, be consistent with zoning and land-use practices and shall be made to the greatest extent practicable in accordance with planning and development objectives of the local governments and local planning agencies concerned.

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“Sec. 803. “disposal of urban lands

(a)(a)

Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of any real property situated within an urban area, he shall, prior to offering such land for sale, give reasonable notice to the head of the governing body of the unit of general local government having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located in order to afford the government the opportunity of zoning for the use of such land in accordance with local comprehensive planning.

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“(b)“(b)

The Administrator, to the greatest practicable extent, shall furnish to all prospective purchasers of such real property, full and complete information concerning—

“(1)“(1)

current zoning regulations and prospective zoning requirements and objectives for such property when it is unzoned; and

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“(2)“(2)

current, availability to such property of streets, sidewalks, sewers, water, street lights, and other service facilities and prospective availability of such services if such property is included in comprehensive planning.

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“Sec. 804. “acquisition or change of use of real property

(a)(a)

To the extent practicable, prior to a commitment to acquire any real property situated in an urban area, the Administrator shall notify the unit of general local government exercising zoning and land-use jurisdiction over the land proposed to be purchased of his intent to acquire such land and the proposed use of the property. In the event that the Administrator determines that such advance notice would have an adverse impact on the proposed purchase, he shall, upon conclusion of the acquisition, immediately notify such local government of the acquisition and the proposed use of the property.

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“(b)“(b)

In the acquisition or change of use of any real property situated in an urban area as a site for public building, the Administrator shall, to the extent he determines practicable—

“(1)“(1)

consider all objections made to any such acquisition or change of use by such unit of government upon the ground that the proposed acquisition or change of use conflicts or would conflict with the zoning regulations or planning objectives of such unit; and

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“(2)“(2)

comply with and conform to such regulations of the unit of general local government having jurisdiction with respect to the area within which such property is situated and the planning and development objectives of such local government.

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“Sec. 805.

The procedures prescribed in sections 803 and 804 may be waived during any period of national emergency proclaimed by the President.

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“Sec. 806. “definitions

As used in this title—

“(a)“(a)

‘Unit of general local government’ means any city, county, town, parish, village, or other general-purpose political subdivision of a State.

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“(b)“(b)

‘Urban area’ means—

“(1)“(1)

any geographical area within the jurisdiction of any incorporated city, town, borough, village, or other unit of general local government, except county or parish, having a population of ten thousand or more inhabitants;

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“(2)“(2)

that portion of the geographical area within the jurisdiction of any county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density equal to or exceeding one thousand five hundred inhabitants per square mile; and

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“(3)“(3)

that portion of any geographical area having a population density equal to or exceeding one thousand five hundred inhabitants per square mile and situated adjacent to the boundary of any incorporated unit of general local government which has a population of ten thousand or more inhabitants.

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“(c)“(c)

‘Comprehensive planning’ includes the following, to the extent directly related to the needs of a unit of general local government:

“(1)“(1)

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

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“(2)“(2)

Long-range physical and fiscal plans for such action;

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“(3)“(3)

Programing of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program;

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“(4)“(4)

Coordination of all related plans and activities of the State and local governments and agencies concerned: and

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“(5)“(5)

Preparation of regulatory and administrative measures in support of the foregoing.”

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Sec. 601. congressional review of grant-in-aid programs

Sec. 602. studies by comptroller general of federal grant-in-aid programs

Sec. 603. studies by advisory commission on intergovernmental relations

Upon request of any committee having jurisdiction over a grant-in-aid program, the Advisory Commission on Intergovernmental Relations (established by Public Law 86–380, as amended) shall conduct

73 Stat. 703; 80 Stat. 1162.

50 USC 1501–1509.

studies of the intergovernmental relations aspects of such program including (1) the impact of such program, if any, on the structural organization of State and local governments and on Federal-State-local fiscal relations, and (2) the coordination of Federal administration of such program with State and local administration thereof, and shall

Report to Congress.

report its findings and recommendations to such committee and to the Congress.

Sec. 604. preservation of house and senate committee jurisdiction

Nothing in this Act shall be construed to affect the jurisdiction of committees under the rules of the Senate and the House of Representatives.