42 U.S.C. § 5320 — Historic preservation requirements

Page 6546 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5319 1 See References in Text note below. Subsec. (b)(2). Pub. L. 102–550, § 832(b)(2), (g)(2), struck out ‘‘demonstration’’ before ‘‘program.’’ and sub- stituted ‘‘For fiscal year 1993 and thereafter, not more than 50 percent’’ for ‘‘Not more than 30 per centum’’. Subsec. (b)(3)(B). Pub. L. 102–550, § 832(f)(2)(A), struck out ‘‘and’’ at end. Subsec. (b)(3)(C). Pub. L. 102–550, § 832(f)(2)(B), sub- stituted ‘‘, especially in cooperation with a neighbor- hood development funding organization, except that an eligible neighborhood development organization shall be deemed to have the full benefit of the cooperation of a neighborhood development funding organization if the eligible neighborhood development organization—’’ and cls. (i) and (ii) for period at end. Subsec. (b)(3)(D). Pub. L. 102–550, § 832(f)(2)(C), added subpar. (D). Subsec. (c)(3). Pub. L. 102–550, § 832(f)(3), inserted be- fore semicolon ‘‘and by the extent of participation in the proposed activities by a neighborhood development funding organization that has a branch or office in the neighborhood, except that an eligible neighborhood de- velopment organization shall be deemed to have the full benefit of the participation of a neighborhood de- velopment funding organization if the eligible neigh- borhood development organization—’’ and subpars. (A) and (B). Subsec. (e)(1). Pub. L. 102–550, § 832(f)(4), inserted ‘‘, and from neighborhood development funding organi- zations,’’ after ‘‘neighborhood’’. Subsec. (e)(3). Pub. L. 102–550, § 832(b)(4), inserted be- fore period ‘‘, except that, if appropriations for this section exceed $3,000,000, the Secretary may pay not more than $75,000 to any participating neighborhood de- velopment organization’’. Subsec. (e)(5)(A). Pub. L. 102–550, § 832(c), substituted ‘‘comprehensive housing affordability strategy of such unit approved under section 12705 of this title or the statement of community development activities and community development plans of the unit submitted under section 5304(m) of this title’’ for ‘‘housing and community development plans of such unit’’. Subsec. (e)(6)(C). Pub. L. 102–550, § 832(b)(5)(A), in- serted ‘‘and’’ after ‘‘programs;’’. Subsec. (e)(6)(D), (E). Pub. L. 102–550, § 832(b)(5)(B)–(D), redesignated subpar. (E) as (D), sub- stituted ‘‘program’’ for ‘‘demonstration’’, and struck out former subpar. (D) which read as follows: ‘‘shall un- dertake any other activity the Secretary deems nec- essary to carry out this section, which shall include an evaluation and report to Congress on the demonstra- tion and may include the performance of research, planning, and administration, either directly, or when in the Secretary’s judgment such activity will be car- ried out more effectively, more rapidly, or at less cost, by contract or grant; and’’. Subsec. (f). Pub. L. 102–550, § 832(b)(6), added subsec. (f) and struck out former subsec. (f) which read as follows: ‘‘The Secretary shall submit to the Congress— ‘‘(1) not later than three months after the end of each fiscal year in which payments are made under this section, an interim report containing a summary of the activities carried out under this section during such fiscal year and any preliminary findings or con- clusions drawn from the demonstration program; and ‘‘(2) not later than March 15 of the year after the end of the last fiscal year in which such payments are made, a final report containing a summary of all ac- tivities carried out under this section, the evaluation required in subsection (e)(6)(D) of this section and any findings, conclusions, or recommendations for legislation drawn from the demonstration program.’’ Subsec. (g). Pub. L. 102–550, § 832(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘To the extent provided in appropriations Acts, of the amounts made available for assistance under section 5303 of this title, $2,000,000 for fiscal year 1991 and $2,000,000 for fiscal year 1992 shall be available to carry out this section.’’ Subsec. (h). Pub. L. 102–550, § 832(b)(7), added subsec. (h). 1990—Subsec. (g). Pub. L. 101–625 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as fol- lows: ‘‘There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 1988, and $2,000,000 for fiscal year 1989.’’ 1988—Subsec. (e)(3). Pub. L. 100–242, § 525, substituted ‘‘under this section’’ for ‘‘under this Act’’. Subsec. (g). Pub. L. 100–242, § 521, amended subsec. (g) generally. Prior to amendment, subsec. (g) read as fol- lows: ‘‘For purposes of carrying out this section, there are authorized to be appropriated not to exceed $2,000,000 for each of the fiscal years 1984 and 1985.’’ 1984—Subsec. (b)(3)(A), (B). Pub. L. 98–479, § 101(b)(2), substituted ‘‘subsection (a)(1)’’ for ‘‘subsection (a)(4)’’ wherever appearing. Subsec. (c). Pub. L. 98–479, § 101(b)(3), struck out ‘‘(1)’’ before ‘‘The Secretary shall award’’ and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively. § 5319. Community participation in programs No community shall be barred from partici- pating in any program authorized under this chapter solely on the basis of population, except as expressly authorized by statute. (Pub. L. 93–383, title I, § 120, as added Pub. L. 95–557, title I, § 103(i), Oct. 31, 1978, 92 Stat. 2084.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 104 of Pub. L. 95–557, set out as an Effective Date of 1978 Amend- ment note under section 1709 of Title 12, Banks and Banking. § 5320. Historic preservation requirements (a) Regulations With respect to applications for assistance under section 5318 1 of this title, the Secretary of the Interior, after consulting with the Sec- retary, shall prescribe and implement regula- tions concerning projects funded under section 5318 1 of this title and their relationship with di- vision A of subtitle III and chapter 3125 of title 54. (b) Actions by State historic preservation officer and Secretary of the Interior In prescribing and implementing such regula- tions with respect to applications submitted under section 5318 of this title which identify any property pursuant to subsection (c)(4)(B) of such section, the Secretary of the Interior shall provide at least that— (1) the appropriate State historic preserva- tion officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after re- ceiving information from the applicant relat- ing to the identification of properties which will be affected by the project for which the application is made and which may meet the Page 6547 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5322 criteria established by the Secretary of the In- terior for inclusion on the National Register of Historic Places (together with documenta- tion relating to such inclusion), submit his or her comments, together with such other infor- mation considered necessary by the officer, to the applicant concerning such properties; and (2) the Secretary of the Interior shall, not later than 45 days after receiving from the ap- plicant the information described in paragraph (1) and the comments submitted to the appli- cant in accordance with paragraph (1), make a determination as to whether any of the prop- erties affected by the project for which the ap- plication is made is eligible for inclusion on the National Register of Historic Places. (c) Regulations by Advisory Council on Historic Preservation providing for expeditious ac- tion The Advisory Council on Historic Preservation shall prescribe regulations providing for expedi- tious action by the Council in making its com- ments under section 306108 of title 54 in the case of properties which are included on, or eligible for inclusion on, the National Register of His- toric Places and which are affected by a project for which an application is made under section 5318 of this title. (Pub. L. 93–383, title I, § 121, as added Pub. L. 96–399, title I, § 110(c), Oct. 8, 1980, 94 Stat. 1620; amended Pub. L. 97–35, title III, § 308(b), Aug. 13, 1981, 95 Stat. 396; Pub. L. 113–287, § 5(k)(4), Dec. 19, 2014, 128 Stat. 3270.) Editorial Notes REFERENCES IN TEXT Section 5318 of this title, referred to in subsec. (a), probably should be a reference to section 119 of the Housing and Community Development Act of 1974, Pub. L. 93–383, title I, § 119, as added Pub. L. 95–128, title I, § 110(b), Oct. 12, 1977, 91 Stat. 1125, which is classified to section 5318 of this title. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–287, § 5(k)(4)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘With respect to applications for assistance under section 5318 of this title, the Secretary of the In- terior, after consulting with the Secretary, shall pre- scribe and implement regulations concerning projects funded under section 5318 of this title and their rela- tionship with— ‘‘(1) ‘An Act to establish a program for the preser- vation of additional historic properties throughout the Nation, and for other purposes’, approved October 14, 1966, as amended; and ‘‘(2) ‘An Act to provide for the preservation of his- torical and archaeological data (including relics and specimens) which might otherwise be lost as a result of the construction of a dam’, approved June 27, 1960, as amended.’’ Subsec. (c). Pub. L. 113–287, § 5(k)(4)(B), substituted ‘‘section 306108 of title 54’’ for ‘‘section 106 of the Act referred to in subsection (a)(1)’’. 1981—Subsec. (b). Pub. L. 97–35 substituted ‘‘sub- section (c)(4)(B)’’ for ‘‘subsection (c)(7)(B)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective on effective date of regulations implementing such amendments, see section 308(c) of Pub. L. 97–35, set out as a note under section 5318 of this title. § 5321. Suspension of requirements for disaster areas For funds designated under this chapter by a recipient to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq.], the Secretary may suspend all re- quirements for purposes of assistance under sec- tion 5306 of this title for that area, except for those related to public notice of funding avail- ability, nondiscrimination, fair housing, labor standards, environmental standards, and re- quirements that activities benefit persons of low- and moderate-income. (Pub. L. 93–383, title I, § 122, as added Pub. L. 103–233, title II, § 234, Apr. 11, 1994, 108 Stat. 369.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Title IV of the Act is classified generally to subchapter IV (§ 5170 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of chapter 130 of this title after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out this section not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title. § 5322. Funds made available for administrative costs without regard to particular disaster appropriation Amounts made available for administrative costs for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infra- structure and housing, economic revitalization, and mitigation in the most impacted and dis- tressed areas under this Act or any future Act, and amounts previously provided under section 420 of division L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and under the heading ‘‘Department of Housing and Urban Development—Community Planning and Development—Community Devel- opment Fund’’ of division B of Public Law 115–56, Public Law 115–123, and Public Law