42 U.S.C. § 3335 — Grants to assist in planned areawide de-

Page 5884 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3334 area, and after consultation with local govern- mental authorities throughout the metropolitan area with respect to whether or not the Sec- retary should make an appointment under this section (and with respect to the individuals who might be so appointed), the Secretary may ap- point a metropolitan expediter for such area whenever he finds a need for the services speci- fied in this section. The metropolitan expediter shall provide information, data, and assistance to local authorities and private individuals and entities within the metropolitan area, and to all relevant Federal departments and agencies, with respect to all programs and activities conducted within such metropolitan area by the Depart- ment of Housing and Urban Development, and with respect to other public and private activi- ties and needs within such metropolitan area which relate to the programs and activities of the Department. (Pub. L. 89–754, title II, § 203, Nov. 3, 1966, 80 Stat. 1262.) § 3334. Coordination of Federal aids with local governments (a) Review of projects by areawide agency or local government All applications made after June 30, 1967, for Federal loans or grants to assist in carrying out open-space land projects or for the planning or construction of hospitals, airports, libraries, water supply and distribution facilities, sewer- age facilities and waste treatment works, high- ways, transportation facilities, law enforcement facilities, and water development and land con- servation projects within any metropolitan area shall be submitted for review— (1) to any areawide agency which is des- ignated to perform metropolitan or regional planning for the area within which the assist- ance is to be used, and which is, to the great- est practicable extent, composed of or respon- sible to the elected officials of a unit of areawide government or of the units of general local government within whose jurisdiction such agency is authorized to engage in such planning, and (2) if made by a special purpose unit of local government, to the unit or units of general local government with authority to operate in the area within which the project is to be lo- cated. (b) Comments and recommendations by areawide agency and local government (1) Except as provided in paragraph (2) of this subsection, each application shall be accom- panied (A) by the comments and recommenda- tions with respect to the project involved by the areawide agency and governing bodies of the units of general local government to which the application has been submitted for review, and (B) by a statement by the applicant that such comments and recommendations have been con- sidered prior to formal submission of the appli- cation. Such comments shall include informa- tion concerning the extent to which the project is consistent with comprehensive planning de- veloped or in the process of development for the metropolitan area or the unit of general local government, as the case may be, and the extent to which such project contributes to the fulfill- ment of such planning. The comments and rec- ommendations and the statement referred to in this paragraph shall, except in the case referred to in paragraph (2) of this subsection, be re- viewed by the agency of the Federal Govern- ment to which such application is submitted for the sole purpose of assisting it in determining whether the application is in accordance with the provisions of Federal law which govern the making of the loans or grants. (2) An application for a Federal loan or grant need not be accompanied by the comments and recommendations and the statements referred to in paragraph (1) of this subsection, if the ap- plicant certifies that a plan or description of the project, meeting the requirements of such rules and regulations as may be prescribed under sub- section (c), or such application, has lain before an appropriate areawide agency or instrumen- tality or unit of general local government for a period of sixty days without comments or rec- ommendations thereon being made by such agency or instrumentality. (3) The requirements of paragraphs (1) and (2) shall also apply to any amendment of the appli- cation which, in light of the purposes of this subchapter, involves a major change in the project covered by the application prior to such amendment. (c) Rules and regulations The Office of Management and Budget, or such other agency as may be designated by the Presi- dent, is hereby authorized to prescribe such rules and regulations as are deemed appropriate for the effective administration of this section. (Pub. L. 89–754, title II, § 204, Nov. 3, 1966, 80 Stat. 1262; Pub. L. 90–351, title I, § 522, June 19, 1968, 82 Stat. 208; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 215.) Editorial Notes AMENDMENTS 1973—Subsec. (a). Pub. L. 93–83 reenacted amendment by Pub. L. 90–351, inserting ‘‘law enforcement facili- ties,’’ after ‘‘transportation facilities,’’. 1968—Subsec. (a). Pub. L. 90–351 inserted ‘‘law en- forcement facilities,’’ after ‘‘transportation facilities,’’. 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. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Sec- tion 102 of Reorg. Plan No. 2 of 1970 redesignated Bu- reau of the Budget as Office of Management and Budg- et. § 3335. Grants to assist in planned areawide de- velopment (a) Supplementary grants The Secretary is authorized to make supple- mentary grants to applicant State and local public bodies and agencies carrying out, or as- 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