§3502 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The Secretary of Housing and Urban Development can give advance payments to public agencies and Indian tribes. The goal is to help them keep a ready list of public works that can start quickly and to make planning and building more efficient, especially when the economy needs action. Agencies and tribes must use the advance for early work like feasibility studies, engineering and design surveys, plans, drawings, specifications, or for building and planning a medical center. These advances do not mean Congress will pay to build the project later. A State’s total unpaid advances cannot exceed 12.5 percent of the amount then allowed into the revolving fund under section 3503. An advance for a single project is allowed only if the project can be built in a reasonable time, fits an approved state, local, or regional plan, and the agency or tribe signs an agreement to finish the plans quickly and to repay the advance when due. The Secretary may create rules to run this program.

Title 40, §3502

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)Notwithstanding section 3324(a) and (b) of title 31, the Secretary of Housing and Urban Development may make advances to public agencies and Indian tribes—

(1)to encourage public agencies and Indian tribes to maintain at all times a current and adequate reserve of planned public works the construction of which can rapidly be commenced, particularly when the national or local economic situation makes that action desirable; and

(2)to help attain maximum economy and efficiency in the planning and construction of public works.

(b)A public agency or Indian tribe shall use an advance under subsection (a) to aid in financing the cost of feasibility studies, engineering and architectural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works, and for construction in connection with the development of a medical center, a general plan for the development of the center.

(c)An advance under subsection (a) does not commit the Congress to appropriate amounts to assist in financing the construction of any public works planned with the aid of that advance. Outstanding advances to public agencies and Indian tribes in a State shall not exceed 12.5 percent of the aggregate then authorized to be appropriated to the revolving fund established under section 3503 of this title.

(d)An advance shall not be made under subsection (a) for an individual project (including a regional, metropolitan, or other areawide project) unless—

(1)the project is planned to be constructed within or over a reasonable period of time considering the nature of the project;

(2)the project conforms to an overall state, local, or regional plan approved by a competent state, local, or regional authority; and

(3)the public agency or Indian tribe formally contracts with the Federal Government to complete the plan preparation promptly and to repay part or all of the advance when due.

(e)The Secretary may prescribe regulations to carry out this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 350240:462(a), (b), (d).Aug. 2, 1954, ch. 649, title VII, § 702(a), (b), (d), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, § 112, 69 Stat. 641; Pub. L. 87–70, title V, § 502(1), (2), June 30, 1961, 75 Stat. 175; Pub. L. 88–560, title VI, § 602(a)–(c), (e), (f), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90–19, § 10(a) (related to 40:462), May 25, 1967, 81 Stat. 22; Pub. L. 90–448, title VI, § 607, Aug. 1, 1968, 82 Stat. 534; Pub. L. 100–242, title V, § 524(1), Feb. 5, 1988, 101 Stat. 1939. In subsection (a), the words “section 3324(a) and (b) of title 31” are substituted for “section 3648 of the Revised Statutes, as amended” in section 702(a) of the Housing Act of 1954 (ch. 649, 68 Stat. 641) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words “municipalities and other” are omitted as being included in “public agencies”. In subsection (c), the words “in any way” are omitted as unnecessary. In subsection (e), the word “rules” is omitted as being included in “

Regulations

”.

§3502 Planned Public Works

Summary

Title 40, §3502

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Citations & Metadata