42 U.S.C. § 3336 — Amount of grant

Page 5885 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3336 sisting in carrying out, areawide development projects meeting the requirements of this sec- tion. (b) Criteria Grants may be made under this section only for areawide development projects in areas for which it has been demonstrated, to the satisfac- tion of the Secretary, that— (1) areawide comprehensive planning and programing provide an adequate basis for eval- uating (A) the location, financing, and sched- uling of individual public facility projects (in- cluding but not limited to hospitals and li- braries; 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 loca- tion, have public areawide or interjurisdic- tional 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 ac- tivities affecting the development of the area; and (3) public facility projects and other land de- velopment 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 Sec- retary that, taking into consideration the scope of its authority and responsibilities, it is ade- quately 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 effec- tively assisting in, and conforming to, areawide planning and programing through (A) the loca- tion and scheduling of public facility projects, whether or not federally assisted; and (B) where appropriate, the establishment and consistent administration of zoning codes, subdivision reg- ulations, and similar land-use and density con- trols. (2) Where the applicant for a grant under this section is not a unit of general local govern- ment, both it and the unit of general local gov- ernment 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 com- prehensive planning and programing for the area. (e) Restriction on grants to certain areawide de- velopment 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 con- tract of assistance has been entered into, under the legislation referred to in paragraph (2) of section 3338 of this title, prior to February 21, 1966, or more than one year prior to the date on which the Secretary has made the determina- tions 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 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 con- tract. (f) Racial balance or imbalance within school districts Nothing in this section shall authorize the Secretary to require (or condition the avail- ability or amount of financial assistance author- ized 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. (Pub. L. 89–754, title II, § 205, Nov. 3, 1966, 80 Stat. 1263; Pub. L. 90–448, title VI, § 602(d), Aug. 1, 1968, 82 Stat. 532.) Editorial Notes AMENDMENTS 1968—Subsec. (a). Pub. L. 90–448, § 602(d)(1), sub- stituted ‘‘areawide development’’ for ‘‘metropolitan de- velopment’’. Subsec. (b). Pub. L. 90–448, § 602(d)(1)–(3), substituted ‘‘areawide development projects in areas’’ for ‘‘metro- politan development projects in metropolitan areas’’, ‘‘areawide comprehensive planning’’ for ‘‘metropolitanwide comprehensive planning’’ in three places, ‘‘public areawide’’ for ‘‘public metropolitanwide’’, and ‘‘adequate areawide’’ for ‘‘ade- quate 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 de- velopment project’’. Subsec. (f). Pub. L. 90–448, § 602(d)(6), struck out ‘‘within the metropolitanwide area’’ after ‘‘school dis- tricts’’. § 3336. Amount of grant (a) Limitation; Federal and non-Federal con- tributions; projects or activities eligible for assistance A grant under section 3335 of this title shall not exceed (1) 20 per centum of the cost of the project for which the grant is made; nor (2) the Federal grant made with respect to the project under the legislation referred to in paragraph (2) of section 3338 of this title. In no case shall the Page 5886 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3337 1 See References in Text note below. total Federal contributions to the cost of such project be more than 80 per centum. Notwith- standing any other provision of law, including requirements with respect to non-Federal con- tributions, grants under section 3335 of this title shall be eligible for inclusion (directly or through refunds or credits) as part of the financ- ing for such projects: Provided, That projects or activities on the basis of which assistance is provided under section 3305(c) of this title shall not be eligible for assistance under section 3335 of this title. (b) Authorization of appropriations; availability of funds for expenditures There are authorized to be appropriated for grants under section 3335 of this title not to ex- ceed $25,000,000 for the fiscal year ending June 30, 1967, and not to exceed $50,000,000 for the fis- cal year ending June 30, 1968. Any amounts ap- propriated under this section shall remain avail- able until expended, and any amounts author- ized for any fiscal year under this section but not appropriated may be appropriated for any succeeding fiscal year commencing prior to July 1, 1970. (Pub. L. 89–754, title II, § 206, Nov. 3, 1966, 80 Stat. 1264; Pub. L. 90–448, title VI, § 602(f), Aug. 1, 1968, 82 Stat. 532.) Editorial Notes REFERENCES IN TEXT Section 3305 of this title, referred to in subsec. (a), was omitted from the Code pursuant to section 5316 of this title, which terminated the authority to make grants and loans under subchapter I of this chapter after Jan. 1, 1975. AMENDMENTS 1968—Subsec. (b). Pub. L. 90–448 permitted any amounts authorized for any fiscal year but not appro- priated to be appropriated for any succeeding fiscal year commencing prior to July 1, 1970. § 3337. Consultations and certifications In carrying out his authority under section 3335 of this title, including the issuance of regu- lations, the Secretary shall consult with the De- partment of the Interior; the Department of Health and Human Services; the Department of Commerce; and the Federal Aviation Agency with respect to metropolitan development projects assisted by those departments and agencies; and he shall, for the purpose of section 3336 of this title, accept their respective certifi- cations as to the cost of those projects and the amount of the non-Federal contribution paid or to be paid to that cost. (Pub. L. 89–754, title II, § 207, Nov. 3, 1966, 80 Stat. 1264; Pub. L. 98–479, title II, § 201(f), Oct. 17, 1984, 98 Stat. 2228.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–479 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions, powers, and duties of Federal Aviation Agency and of Administrator and other offices and offi- cers thereof transferred by Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, to Secretary of Transportation, with func- tions, powers, and duties of Secretary of Transpor- tation pertaining to aviation safety to be exercised by Federal Aviation Administrator in Department of Transportation, see section 106 of Title 49, Transpor- tation. § 3338. Definitions As used in this subchapter— (1) ‘‘Areawide development’’ means all proj- ects or programs for the acquisition, use, and development of open-space land; and the plan- ning and construction of hospitals, libraries, air- ports, water supply and distribution facilities, sewerage facilities and waste treatment works, transportation facilities, highways, water devel- opment and land conservation, and other public works facilities. (2) ‘‘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 assist- ance under any of the other provisions listed above). (3) ‘‘State’’ means any State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, any territory or posses- sion of the United States, or an agency or in- strumentality of any of the foregoing. (4) ‘‘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. (5) ‘‘Comprehensive planning’’ includes the fol- lowing, to the extent directly related to area needs or needs of a unit of general local govern- ment: (A) preparation, as a guide for long-range development, of general physical plans with re- spect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities; (B) programing of cap- ital 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 meas- ures which aid in achieving coordination of all related plans of the departments or subdivisions of the governments concerned and intergovern- mental coordination of related planned activi- ties among the State and local governmental agencies concerned. (6) ‘‘Hospital’’ means any public health center or general, tuberculosis, mental, chronic dis- ease, or other type of hospital and related facili- ties, such as laboratories, outpatient depart-