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Title 42 — The Public Health and Welfare

Chapter 41 — Demonstration Cities and Metropolitan Development Program

§ 3335. Grants to assist in planned areawide development

Statutory text

(a)

Supplementary grants

The Secretary is authorized to make supplementary grants to applicant State and local public bodies and agencies carrying out, or assisting in carrying out, areawide development projects meeting the requirements of this section.

(b)

Criteria

Grants may be made under this section only for areawide development projects in areas for which it has been demonstrated, to the satisfaction of the Secretary, that—

(1)

areawide comprehensive planning and programing provide an adequate basis for evaluating (A) the location, financing, and scheduling of individual public facility proj­ects (including but not limited to hospitals and libraries; sewer, water, and sewage treatment facilities; highway, mass transit, airport, and other transportation facilities; and recreation and other open-space areas) whether or not federally assisted; and (B) other proposed land development or uses, which projects or uses, because of their size, density, type, or location, have public areawide or interjurisdictional significance;

(2)

adequate areawide institutional or other arrangements exist for coordinating, on the basis of such areawide comprehensive planning and programing, local public policies and activities affecting the development of the area; and

(3)

public facility projects and other land development or uses which have a major impact on the development of the area are, in fact, being carried out in accord with such areawide comprehensive planning and programing.

(c)

Grant to unit of general local government or other applicant

(1)

Where the applicant for a grant under this section is a unit of general local government, it must demonstrate to the satisfaction of the Secretary that, taking into consideration the scope of its authority and responsibilities, it is adequately assuring that public facility proj­ects and other land development or uses of public areawide or interjurisdictional significance are being, and will be, carried out in accord with areawide planning and programing meeting the requirements of subsection (b). In making this determination the Secretary shall give special consideration to whether the applicant is effectively assisting in, and conforming to, areawide planning and programing through (A) the location and scheduling of public facility projects, whether or not federally assisted; and (B) where appropriate, the establishment and consistent administration of zoning codes, subdivision regulations, and similar land-use and density controls.

(2)

Where the applicant for a grant under this section is not a unit of general local government, both it and the unit of general local government having jurisdiction over the location of the project must meet the requirements of this subsection.

(d)

Secretary’s consideration of comments of State bodies

In making the determinations required under this section, the Secretary shall obtain, and give full consideration to, the comments of the body or bodies (State or local) responsible for comprehensive planning and programing for the area.

(e)

Restriction on grants to certain areawide development projects

No grant shall be made under this section with respect to an areawide development project for which a Federal grant has been made, or a contract of assistance has been entered into, under the legislation referred to in paragraph (2) of section 3338 of this title, prior to , or more than one year prior to the date on which the Secretary has made the determinations required under this section with respect to the applicant and to the area in which the project is located: Provided, That in the case of a project for which a contract of assistance under the legislation referred to in paragraph (2) of section 3338 of this title has been entered into after , no grant shall be made under this section unless an application for such grant has been made on or before the date of such contract.

(f)

Racial balance or imbalance within school districts

Nothing in this section shall authorize the Secretary to require (or condition the availability or amount of financial assistance authorized to be provided under this subchapter upon) the adoption by any community of a program to achieve a racial balance or to eliminate racial imbalance within school districts.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Demonstration Cities and Metropolitan Development Act of 1966

    Pub. L. 89–754 title II § 205 · 80 Stat. 1255

    Enacted · 42 U.S.C. § 3335

    Pub. L. 89–754, title II, § 205, Nov. 3, 1966, 80 Stat. 1263

    Source evidence

    Code source credit
    Pub. L. 89–754, title II, § 205, Nov. 3, 1966, 80 Stat. 1263

    Enacted provision · exact public law section
    Sec. 205. grants to assist in planned metropolitan development (a) The Secretary is authorized to make supplementary grants to applicant State and local public bodies and agencies carrying out, or assisting in carrying out, metropolitan development projects meeting the requirements or this section. (b) Grants may be made under this section only for metropolitan development projects in metropolitan areas for which it has been demonstrated, to the satisfaction of the Secretary, that— (1) metropolitanwide comprehensive planning and programing provide an adequate basis for evaluating (A) the location, financing, and scheduling of individual public facility projects (including but not limited to hospitals and libraries; sewer, water, and sewage treatment facilities; highway, mass transit, airport, and other transportation facilities; and recreation and other open-space areas) whether or not federally assisted: and (B) other proposed land development or uses, which projects or uses, because of their size, density, type, or location, have public metropolitanwide or interjurisdictional significance; (2) adequate metropolitanwide institutional or other arrangements exist for coordinating, on the basis of such metropolitan-wide comprehensive planning and programing, local public policies and activities affecting the development of the area: and (3) public facility projects and other land development or uses which nave a major impact on the development of the area are, in fact, being carried out in accord with such metropolitanwide comprehensive planning and programing. (c) (1) Where the applicant for a grant under this section is a unit of general local government, it must demonstrate to the satisfaction of the Secretary that, taking into consideration the scope of its authority and responsibilities, it is adequately assuring that public facility projects and other land development or uses of public metropolitanwide or interjurisdictional significance are being, and will be, carried out in accord with metropolitan planning and programing meeting the requirements of subsection (b). In making this determination the Secretary shall give special consideration to whether the applicant is effectively assisting in, and conforming to, metropolitan planning and programing through (A) the location and scheduling of public facility projects, whether or not federally assisted; and (B) the establishment and consistent administration of zoning codes, subdivision regulations, and similar land-use and density controls. (2) Where the applicant for a grant under this section is not a unit of general local government, both it and the unit of general local government having jurisdiction over the location of the project must meet the requirements of this subsection. (d) In making the determinations required under this section, the Secretary shall obtain, and give full consideration to, the comments of the body or bodies (State or local) responsible for comprehensive planning and programing for the metropolitan area. (e) No grant shall be made under this section with respect to a metropolitan development project for which a Federal grant has been made, or a contract of assistance has been entered into, under the legislation referred to in paragraph (2) of section 208, prior to February 21, 1966, or more than one year prior to the date on which the Secretary has made the determinations required under this section with respect to the applicant and to the area in which the project is located: Provided, That in the case of a project for which a contract of assistance under the legislation referred to in paragraph (2) of section 208 has been entered into after June 30, 1967, no grant shall be made under this section unless an application for such grant has been made on or before the date of such contract. (f) Nothing in this section shall authorize the Secretary to require (or condition the availability or amount of financial assistance authorized to be provided under this title upon) the adoption by any community of a program to achieve a racial balance or to eliminate racial imbalance within school districts within the metropolitanwide area.

  2. Housing and Urban Development Act of 1968

    Pub. L. 90–448 § 602(d)(1) · 82 Stat. 476

    Substituted · 42 U.S.C. § 3335(a)

    Pub. L. 90–448, § 602(d)(1), substituted “areawide development” for “metropolitan development”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–448, § 602(d)(1), substituted “areawide development” for “metropolitan development”.

    Enacted provision · exact public law section
    (1) Section 205 of such Act is amended by striking out “metropolitan development” each place it appears and inserting in lieu thereof “areawide development”.

  3. Housing and Urban Development Act of 1968

    Pub. L. 90–448 § 602(d)(1) · 82 Stat. 476

    1. Substituted · 42 U.S.C. § 3335(b)

      Pub. L. 90–448, § 602(d)(1)–(3), substituted “areawide development projects in areas” for “metropolitan development projects in metropolitan areas”

    2. Substituted · 42 U.S.C. § 3335(b)

      Pub. L. 90–448, § 602(d)(1)–(3), substituted “areawide comprehensive planning” for “metropolitanwide comprehensive planning”

    3. Substituted · 42 U.S.C. § 3335(b)

      Pub. L. 90–448, § 602(d)(1)–(3), substituted “public areawide” for “public metropolitanwide”

    4. Substituted · 42 U.S.C. § 3335(b)

      Pub. L. 90–448, § 602(d)(1)–(3), substituted “adequate areawide” for “adequate metropolitanwide”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–448, § 602(d)(1)–(3), substituted “areawide development projects in areas” for “metropolitan development projects in metropolitan areas”, “areawide comprehensive planning” for “metropolitanwide comprehensive planning” in three places, “public areawide” for “public metropolitanwide”, and “adequate areawide” for “adequate metropolitanwide”.

    Enacted provision · exact public law section
    (1) Section 205 of such Act is amended by striking out “metropolitan development” each place it appears and inserting in lieu thereof “areawide development”.

  4. Housing and Urban Development Act of 1968

    Pub. L. 90–448 § 602(d)(3) · 82 Stat. 476

    1. Substituted · 42 U.S.C. § 3335(c)

      Pub. L. 90–448, § 602(d)(3)–(5), substituted “public areawide” for “public metropolitanwide” in two places

    2. Substituted · 42 U.S.C. § 3335(c)

      Pub. L. 90–448, § 602(d)(3)–(5), substituted “areawide planning” for “metropolitan planning” in two places

    3. Inserted · 42 U.S.C. § 3335(c)

      Pub. L. 90–448, § 602(d)(3)–(5), inserted “where appropriate,” after “(B)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 90–448, § 602(d)(3)–(5), substituted “public areawide” for “public metropolitanwide”, and “areawide planning” for “metropolitan planning” in two places, and inserted “where appropriate,” after “(B)”.

    Enacted provision · exact public law section
    (3) Such section is further amended by striking out “metropolitan-wide” each place it appears, and inserting in lieu thereof “areawide”.

  5. Housing and Urban Development Act of 1968

    Pub. L. 90–448 § 602(d)(2) · 82 Stat. 476

    Substituted · 42 U.S.C. § 3335(d)

    Pub. L. 90–448, § 602(d)(2), substituted “programing for the area” for “programing for the metropolitan area”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 90–448, § 602(d)(2), substituted “programing for the area” for “programing for the metropolitan area”.

    Enacted provision · exact public law section
    (2) Such section is further amended by striking out “metropolitan areas” and “metropolitan area” and inserting in lieu thereof “areas” and “area”, respectively.

  6. Housing and Urban Development Act of 1968

    Pub. L. 90–448 § 602(d)(1) · 82 Stat. 476

    Substituted · 42 U.S.C. § 3335(e)

    Pub. L. 90–448, § 602(d)(1), substituted “areawide development project” for “metropolitan development project”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 90–448, § 602(d)(1), substituted “areawide development project” for “metropolitan development project”.

    Enacted provision · exact public law section
    (1) Section 205 of such Act is amended by striking out “metropolitan development” each place it appears and inserting in lieu thereof “areawide development”.

  7. Housing and Urban Development Act of 1968

    Pub. L. 90–448 § 602(d)(6) · 82 Stat. 476

    Struck · 42 U.S.C. § 3335(f)

    Pub. L. 90–448, § 602(d)(6), struck out “within the metropolitanwide area” after “school districts”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 90–448, § 602(d)(6), struck out “within the metropolitanwide area” after “school districts”.

    Enacted provision · exact public law section
    (6) Such section is further amended by striking out “within the metropolitan wide area” in subsection (f).

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments

1968—Subsec. (a). Pub. L. 90–448, § 602(d)(1), substituted “areawide development” for “metropolitan development”.

Subsec. (b). Pub. L. 90–448, § 602(d)(1)–(3), substituted “areawide development projects in areas” for “metropolitan development projects in metropolitan areas”, “areawide comprehensive planning” for “metropolitanwide comprehensive planning” in three places, “public areawide” for “public metropolitanwide”, and “adequate areawide” for “adequate metropolitanwide”.

Subsec. (c). Pub. L. 90–448, § 602(d)(3)–(5), substituted “public areawide” for “public metropolitanwide”, and “areawide planning” for “metropolitan planning” in two places, and inserted “where appropriate,” after “(B)”.

Subsec. (d). Pub. L. 90–448, § 602(d)(2), substituted “programing for the area” for “programing for the metropolitan area”.

Subsec. (e). Pub. L. 90–448, § 602(d)(1), substituted “areawide development project” for “metropolitan development project”.

Subsec. (f). Pub. L. 90–448, § 602(d)(6), struck out “within the metropolitanwide area” after “school districts”.

Credits

1966–1968 · 2 acts
  1. 1966Pub. L. 89–754, title II, § 205, , 80 Stat. 1263
  2. 1968Pub. L. 90–448, title VI, § 602(d), , 82 Stat. 532.
Show as published

(Pub. L. 89–754, title II, § 205, , 80 Stat. 1263; Pub. L. 90–448, title VI, § 602(d), , 82 Stat. 532.)

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USLM identifier /us/usc/t42/s3335