Title 42 — The Public Health and Welfare
Chapter 41 — Demonstration Cities and Metropolitan Development Program
§ 3338. Definitions
Statutory text
As used in this subchapter—
“Areawide development” means all projects or programs for the acquisition, use, and development of open-space land; and the planning and construction of hospitals, libraries, airports, water supply and distribution facilities, sewerage facilities and waste treatment works, transportation facilities, highways, water development and land conservation, and other public works facilities.
“Areawide development project” means a project assisted or to be assisted under section 702 of the Housing and Urban Development Act of 1965 [42 U.S.C. 3102]; section 606 of the Public Health Service Act [42 U.S.C. 291f]; section 8 1 of the Federal Water Pollution Control Act [33 U.S.C. 1158]; section 120(a) of title 23; section 12 1 of the Federal Airport Act; section 19 1 of the Airport and Airway Development Act of 1970; section 5309 of title 49; title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.]; or section 200305(e) of title 54; or under section 101(a)(1) 1 of the Public Works and Economic Development Act of 1965 (for a project of a type which the Secretary determines to be eligible for assistance under any of the other provisions listed above).
“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or an agency or instrumentality of any of the foregoing.
“Metropolitan area” means a standard metropolitan statistical area as established by the Office of Management and Budget, subject however to such modifications and extensions as the Secretary may determine to be appropriate for the purposes of this subchapter.
“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 long-range development, of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities; (B) programing of capital improvements based on a determination of relative urgency; (C) long-range fiscal plans for implementing such plans and programs; and (D) proposed regulatory and administrative measures which aid in achieving coordination of all related plans of the departments or subdivisions of the governments concerned and intergovernmental coordination of related planned activities among the State and local governmental agencies concerned.
“Hospital” means any public health center or general, tuberculosis, mental, chronic disease, or other type of hospital and related facilities, such as laboratories, outpatient departments, nurses’ home and training facilities, and central service facilities normally operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
“Areawide agency” means an official State, metropolitan, regional, or district agency empowered under State or local laws or under an interstate compact or agreement to perform comprehensive planning in an area, an organization of the type referred to in section 701(g) 1 of the Housing Act of 1954; or such other agency or instrumentality as may be designated by the Governor (or, in the case of areas crossing State lines, any one or more of such agencies or instrumentalities as may be designated by the Governors of the States involved) to perform such planning.
“Special purpose unit of local government” means any special district, public-purpose corporation, or other limited-purpose political subdivision of a State, but shall not include a school district.
“Unit of general local government” means any city, county, town, parish, village, or other general-purpose political subdivision of a State.
“Secretary” means the Secretary of Housing and Urban Development.
Footnotes
- 1 See References in Text note below.
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.
Demonstration Cities and Metropolitan Development Act of 1966
Pub. L. 89–754 title II § 208 · 80 Stat. 1255
Enacted · 42 U.S.C. § 3338
Pub. L. 89–754, title II, § 208, Nov. 3, 1966, 80 Stat. 1265
Source evidence
Code source credit
Pub. L. 89–754, title II, § 208, Nov. 3, 1966, 80 Stat. 1265Enacted provision · exact public law section
Sec. 208. definitions As used in this title— (1) “Metropolitan development” means all projects or programs for the acquisition, use, and development of open-space land; and the planning and construction of hospitals, libraries, airports, water supply and distribution facilities, sewerage facilities and waste treatment works, transportation facilities, highways, water development and land conservation, and other public works facilities. (2) “Metropolitan development project” means a project assisted or to be assisted under section 702 of the Housing and Urban Development Act of 1965; title II of the Library Services and Construction 42 USC 3102. 20 USC 355a–355d. 42 USC 2911. 33 USC 466e. 49 USC 1111. 49 USC 1602. 42 USC 1500. 16 USC 460l–8. 42 USC 3131. Act; section 606 of the Public Health Service Act; section 8 of the Federal Water Pollution Control Act; section 120(a) of title 23, United States Code; section 12 of the Federal Airport Act; section 3 of the Urban Mass Transportation Act of 1964; title VII of the Housing Act of 1961; or section 5(e) of the Land and Water Conservation Fund Act of 1965; or under section 101(a) (1) of the Public Works and Economic Development Act of 1965 (for a project of a type which the Secretary determines to be eligible for assistance under any of the other provisions listed above). (3) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or an agency or instrumentality of any of the foregoing. (4) “Metropolitan area” means a standard metropolitan statistical area as established by the Bureau of the Budget, subject however to such modifications and extensions as the Secretary may determine to be appropriate for the purposes of this title. (5) “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 long-range development, of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities; (B) programing of capital improvements based on a determination of relative urgency; (C) long-range fiscal plans for implementing such plans and programs; and (D) proposed regulatory and administrative measures which aid in achieving coordination of all related plans of the departments or subdivisions of the governments concerned and intergovernmental coordination of related planned activities among the State and local governmental agencies concerned. (6) “Hospital” means any public health center or general, tuberculosis, mental, chronic disease, or other type of hospital and related facilities. such as laboratories, outpatient departments, nurses’ home and training facilities, and central service facilities normally operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. (7) “Areawide agency” means an official State or metropolitan or regional agency empowered under State or local laws or under an interstate compact or agreement to perform comprehensive planning in an area: an organization of the type referred to in section 701(g) of the Housing Act of 1954; or such other agency or instrumentality 79 Stat. 502. 40 USC 461. as may be designated by the Governor (or, in the case of metropolitan areas crossing State lines, any one or more of such agencies or instrumentalities as may be designated by the Governors of the States involved) to perform such planning. (8) “Special purpose unit of local government” means any special district, public-purpose corporation, or other limited-purpose political subdivision of a State, but shall not include a school district. (9) “Unit of general local government” means any city, county, town, parish, village, or other general-purpose political subdivision of a State. (10) “Secretary” means the Secretary of Housing and Urban Development.Housing and Urban Development Act of 1968
Pub. L. 90–448 § 602(e)(1) · 82 Stat. 476
Substituted · 42 U.S.C. § 3338(1)
Pub. L. 90–448, § 602(e)(1), substituted “Areawide development” for “Metropolitan development.”
Source evidence
Code amendment note
Par. (1). Pub. L. 90–448, § 602(e)(1), substituted “Areawide development” for “Metropolitan development.”Enacted provision · exact public law section
(1) Paragraphs (1) and (2) of section 208 of such Act are amended by striking out “Metropolitan” and inserting in lieu thereof “Areawide”.Housing and Urban Development Act of 1968
Pub. L. 90–448 § 602(e)(1) · 82 Stat. 476
Substituted · 42 U.S.C. § 3338(2)
Pub. L. 90–448, § 602(e)(1), substituted “Areawide development project” for “Metropolitan development project”
Source evidence
Code amendment note
Par. (2). Pub. L. 90–448, § 602(e)(1), substituted “Areawide development project” for “Metropolitan development project”.Enacted provision · exact public law section
(1) Paragraphs (1) and (2) of section 208 of such Act are amended by striking out “Metropolitan” and inserting in lieu thereof “Areawide”.Housing and Urban Development Act of 1968
Pub. L. 90–448 § 602(e)(2) · 82 Stat. 476
Substituted · 42 U.S.C. § 3338(7)
Pub. L. 90–448, § 602(e)(2), substituted “official State, metropolitan, regional, or district agency” for “official State or metropolitan or regional agency”
Substituted · 42 U.S.C. § 3338(7)
Pub. L. 90–448, § 602(e)(2), substituted “in the case of areas” for “in the case of metropolitan areas”
Source evidence
Code amendment note
Par. (7). Pub. L. 90–448, § 602(e)(2), substituted “official State, metropolitan, regional, or district agency” for “official State or metropolitan or regional agency”, and “in the case of areas” for “in the case of metropolitan areas”.Enacted provision · exact public law section
(2) Paragraph (7) of such section is amended— (A) by striking out “or metropol it an or regional ” and inserting in lieu thereof “, metropolitan, regional, or district”; and (B) by striking out “metropolitan” in the parenthetical phrase.Pub. L. 91–258 title I § 52(b)(3) · 84 Stat. 219
Inserted · 42 U.S.C. § 3338(2)
Pub. L. 91–258 inserted “section 19 of the Airport and Airway Development Act of 1970;” after “section 12 of the Federal Airport Act;”
Source evidence
Code amendment note
Par. (2). Pub. L. 91–258 inserted “section 19 of the Airport and Airway Development Act of 1970;” after “section 12 of the Federal Airport Act;”.Enacted provision · exact public law section
(3) Section 208(2) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is amended by inserting 80 Stat. 1265. “section 19 of the Airport and Airway Development Act of 1970;” immediately after “section 12 of the Federal Airport, Act;”.Federal Transit Act Amendments of 1991
Pub. L. 102–240 title III § 3003(b) · 105 Stat. 1914
Substituted · 42 U.S.C. § 3338(2)
Pub. L. 102–240 substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”
Source evidence
Code amendment note
Par. (2). Pub. L. 102–240 substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.Enacted provision · exact public law section
(b) 49 USC app. 1601 note. Other References.— Any reference in a law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Act of 1964 shall be deemed to be a reference to the “Federal Transit Act”.Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 div. A title I § 101(e)(tVII)(s709)(a)(6) · 110 Stat. 3009
Struck · 42 U.S.C. § 3338(2)
Pub. L. 104–208 struck out “title II of the Library Services and Construction Act;” before “section 606 of the Public Health Service Act”
Source evidence
Code amendment note
Par. (2). Pub. L. 104–208 struck out “title II of the Library Services and Construction Act;” before “section 606 of the Public Health Service Act”.Enacted provision · exact public law section
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:Pub. L. 113–287 § 5(k)(2) · 128 Stat. 3094
Substituted · 42 U.S.C. § 3338(2)
Pub. L. 113–287, which directed substitution of “section 200305(e) of title 54” for “section 5(e) of the Land And Water Conservation Fund Act of 1965”, was executed by making the substitution for “section 5(e) of the Land and Water Conservation Fund Act of 1965” to reflect the probable intent of Congress
Source evidence
Code amendment note
Par. (2). Pub. L. 113–287, which directed substitution of “section 200305(e) of title 54” for “section 5(e) of the Land And Water Conservation Fund Act of 1965”, was executed by making the substitution for “section 5(e) of the Land and Water Conservation Fund Act of 1965” to reflect the probable intent of Congress.Enacted provision · exact public law section
(2) Section 208(2) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is amended by striking “section 5(e) of the Land And Water Conservation Fund Act of 1965” and substituting “section 200305(e) of title 54, United States Code”.
9 of 9 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 702 of the Housing and Urban Development Act of 1965 [42 U.S.C. 3102], referred to in par. (2), was omitted from the Code pursuant to section 5316 of this title which terminated the authority to make grants or loans under that section after .
Section 8 of the Federal Water Pollution Control Act, referred to in par. (2), which related to grants for construction of sewerage treatment works, was formerly classified to section 1158 of Title 33, Navigation and Navigable Waters, prior to the reorganization of that Act by Pub. L. 92–500, , 86 Stat. 816. See Codification note set out under section 1251 of Title 33. Provisions of the Act relating to grants for construction of treatment works appear in section 1281 et seq. of Title 33.
Section 12 of the Federal Airport Act, referred to in par. (2), is section 12 of act May 13, 1946, ch. 251, 60 Stat. 177, which was classified to section 1111 of former Title 49, Transportation, prior to repeal by Pub. L. 91–258, title I, § 52(a), , 84 Stat. 235.
Section 19 of the Airport and Airway Development Act of 1970, referred to in par. (2), is section 19 of Pub. L. 91–258, title I, , 84 Stat. 230, which was classified to section 1719 of former Title 49, prior to repeal by Pub. L. 97–248, title V, § 523(a), , 96 Stat. 695.
The Housing Act of 1961, referred to in par. (2), is Pub. L. 87–70, , 75 Stat. 149. Title VII of the Housing Act of 1961 which was classified generally to chapter 8C (§ 1500 et seq.) of this title, was omitted pursuant to section 5316 of this title which terminated the authority to make grants or loans under such title VII after . For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 12, Banks and Banking, and Tables.
Section 101(a)(1) of the Public Works and Economic Development Act of 1965, referred to in par. (2), is section 101(a)(1) of Pub. L. 89–136, title I, , 79 Stat. 552, which was classified to section 3131 of this title prior to repeal by Pub. L. 105–393, title I, § 102(a), , 112 Stat. 3597.
Section 701 of the Housing Act of 1954, referred to in par. (7), is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 97–35, title III, § 313(b), , 95 Stat. 398.
Codification
In par. (2), “section 5309 of title 49” substituted for “section 3 of the Federal Transit Act [49 App. U.S.C. 1602]” on authority of Pub. L. 103–272, § 6(b), , 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
Amendments1968–2014 · 5 rounds
2014
Par. (2). Pub. L. 113–287, which directed substitution of “section 200305(e) of title 54” for “section 5(e) of the Land And Water Conservation Fund Act of 1965”, was executed by making the substitution for “section 5(e) of the Land and Water Conservation Fund Act of 1965” to reflect the probable intent of Congress.
1996
Par. (2). Pub. L. 104–208 struck out “title II of the Library Services and Construction Act;” before “section 606 of the Public Health Service Act”.
1991
Par. (2). Pub. L. 102–240 substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.
1970
Par. (2). Pub. L. 91–258 inserted “section 19 of the Airport and Airway Development Act of 1970;” after “section 12 of the Federal Airport Act;”.
1968
Par. (1). Pub. L. 90–448, § 602(e)(1), substituted “Areawide development” for “Metropolitan development.”
Par. (2). Pub. L. 90–448, § 602(e)(1), substituted “Areawide development project” for “Metropolitan development project”.
Par. (7). Pub. L. 90–448, § 602(e)(2), substituted “official State, metropolitan, regional, or district agency” for “official State or metropolitan or regional agency”, and “in the case of areas” for “in the case of metropolitan areas”.
Executive Documents
Transfer of Functions
Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan No. 2 of 1970, eff. , 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget.
Credits
1966–2014 · 7 acts
- 1966Pub. L. 89–754, title II, § 208, , 80 Stat. 1265
- 1968Pub. L. 90–448, title VI, § 602(e), , 82 Stat. 532
- 1970Pub. L. 91–258, title I, § 52(b)(3), , 84 Stat. 235
- 19701970 Reorg. Plan No. 2, § 102, eff. , 35 F.R. 7959, 84 Stat. 2085
- 1991Pub. L. 102–240, title III, § 3003(b), , 105 Stat. 2088
- 1996Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(a)(6)], , 110 Stat. 3009–233, 3009–312
- 2014Pub. L. 113–287, § 5(k)(2), , 128 Stat. 3269.
Show as published
(Pub. L. 89–754, title II, § 208, , 80 Stat. 1265; Pub. L. 90–448, title VI, § 602(e), , 82 Stat. 532; Pub. L. 91–258, title I, § 52(b)(3), , 84 Stat. 235; 1970 Reorg. Plan No. 2, § 102, eff. , 35 F.R. 7959, 84 Stat. 2085; Pub. L. 102–240, title III, § 3003(b), , 105 Stat. 2088; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(a)(6)], , 110 Stat. 3009–233, 3009–312; Pub. L. 113–287, § 5(k)(2), , 128 Stat. 3269.)