§3335 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary can give extra grants to state or local public agencies that run or help run areawide development projects. To get a grant, the area must show three things: the area has planning that lets officials judge where, how to pay for, and when to build big public facilities (like hospitals, water and sewer systems, roads, transit, airports, parks, and similar projects) and other large land uses; there are arrangements to coordinate local policies and actions based on that planning; and major projects and land uses are actually being carried out under the areawide plan. If the applicant is a city or county, it must show it is following and helping the areawide plan, including through project timing, location, and where needed, zoning and land-use rules. If the applicant is not a city or county, both it and the local government where the project is located must meet these rules. The Secretary must ask for and consider the views of the official planning bodies for the area. No grant can be made for a project that got a federal grant or assistance contract under related federal law before February 21, 1966, or more than one year before the Secretary made the required decisions about the applicant and area. If a project got a contract after June 30, 1967, a grant is allowed only if the grant application was filed on or before the date of that contract. The Secretary cannot require a community to adopt programs to achieve or eliminate racial balance in school districts as a condition for these grants.

Title 42, §3335

The Public Health and Welfare — Source: USLM XML via OLRC

(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, areawide development projects meeting the requirements of this section.

(b)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)(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)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)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 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 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 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 subchapter upon) the adoption by any community of a program to achieve a racial balance or to eliminate racial imbalance within school districts.

Notes & Related Subsidiaries

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”.

§3335 Grants to assist in planned areawide development

Summary

Title 42, §3335

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata