42 U.S.C. § 3335: Grants to assist in planned…

Summary

The Secretary can give extra federal money to state or local public bodies or agencies that are carrying out, or helping carry out, areawide development projects if those projects meet certain tests. The area must have a strong, area-wide plan that helps decide where, when, and how to build public facilities (like hospitals, water systems, roads, transit, airports, parks) and how to guide big land uses that affect the whole area. There must be real ways to coordinate local policies and actions under that plan. The projects and major land uses must actually follow the plan. A local government applying must show it is making sure projects follow the plan, including by scheduling projects and using zoning or subdivision rules. If a nonlocal agency applies, both it and the local government where the project is must meet these rules. The Secretary must get and consider comments from the planning bodies responsible for the area. No grant may be made for a project that already got federal help under the other federal program named in section 3338(2) before February 21, 1966, or more than one year before the Secretary’s determinations. If such a contract was made after June 30, 1967, the grant application must be filed on or before the contract date. The Secretary cannot require a community to adopt a program to create or remove racial balance in school districts as a condition for these funds.

Title 42, §3335

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(a)Supplementary grants

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)Criteria

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)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 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)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 comprehensive planning and programing for the area.

(e)Restriction on grants to certain areawide development 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 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)Racial balance or imbalance within school districts

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