42 U.S.C. § 5318 — Urban development action grants

Page 6532 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5317 Subsec. (g). Pub. L. 96–399, § 111(h)(1), redesignated subsec. (g) as (b). Subsec. (h). Pub. L. 96–399, § 111(h)(1), struck out sub- sec. (h) relating to sources of funds to meet deficiency in fiscal year 1977. 1976—Subsec. (h). Pub. L. 94–375 added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–181, title I [title I, § 110(b)], Nov. 30, 1983, 97 Stat. 1168, as amended by Pub. L. 98–479, title I, § 101(b)(1), Oct. 17, 1984, 98 Stat. 2220, provided that: ‘‘The amendments made by this part [part A (§§ 101–110) of title I of Pub. L. 98–181, title I, amending this sec- tion, sections 5301 to 5308 and 5312 of this title, and pro- visions set out as a note under section 5305 of this title] shall apply only to funds available for fiscal year 1984 and thereafter.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. § 5317. Liquidation of superseded or inactive pro- grams The Secretary is authorized to transfer the as- sets and liabilities of any program which is su- perseded or inactive by reason of this chapter to the revolving fund for liquidating programs es- tablished pursuant to title II of the Independent Offices Appropriation Act, 1955 (Public Law 83–428; 68 Stat. 272, 295) [12 U.S.C. 1701g–5]. (Pub. L. 93–383, title I, § 117(b), Aug. 22, 1974, 88 Stat. 653; Pub. L. 98–479, title II, § 204(k)(2), Oct. 17, 1984, 98 Stat. 2233.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. AMENDMENTS 1984—Pub. L. 98–479 substituted ‘‘title II of the Inde- pendent Offices Appropriation Act, 1955 (Public Law 83–428; 68 Stat. 272, 295)’’ for ‘‘title II of the Independent Offices Appropriation Act of 1965 (Public Law 81–428; 68 Stat. 272, 295)’’. § 5318. Urban development action grants (a) Authorization; purpose; amount The Secretary is authorized to make urban de- velopment action grants to cities and urban counties which are experiencing severe eco- nomic distress to help stimulate economic de- velopment activity needed to aid in economic recovery. There are authorized to be appro- priated to carry out this section $225,000,000 for fiscal year 1988, and $225,000,000 for fiscal year 1989. Any amount appropriated under this sub- section shall remain available until expended. (b) Eligibility of cities and urban counties; cri- teria and standards; regulations (1) Urban development action grants shall be made only to cities and urban counties which have, in the determination of the Secretary, demonstrated results in providing housing for low- and moderate-income persons and in pro- viding equal opportunity in housing and employ- ment for low- and moderate-income persons and members of minority groups. The Secretary shall issue regulations establishing criteria in accordance with the preceding sentence and set- ting forth minimum standards for determining the level of economic distress of cities and urban counties for eligibility for such grants. These standards shall take into account factors such as the age of housing; the extent of poverty; the extent of population lag; growth of per capita income; and the extent of unemployment, job lag, or surplus labor. Any city that has a popu- lation of less than 50,000 persons and is not the central city of a metropolitan area, and that was eligible for fiscal year 1983 under this para- graph for assistance under this section, shall continue to be eligible for such assistance until the Secretary revises the standards for eligi- bility for such cities under this paragraph and includes the extent of unemployment, job lag, or labor surplus as a standard of distress for such cities. The Secretary shall make such revision as soon as practicable following November 30, 1983. (2) A city or urban county which fails to meet the minimum standards established pursuant to paragraph (1) shall be eligible for assistance under this section if it meets the requirements of the first sentence of such paragraph and— (A) in the case of a city with a population of fifty thousand persons or more or an urban county, contains an area (i) composed of one or more contiguous census tracts, enumera- tion districts, neighborhood statistics areas, or block groups, as defined by the United States Bureau of the Census, having at least a population of ten thousand persons or 10 per centum of the population of the city or urban county; (ii) in which at least 70 per centum of the residents have incomes below 80 per cen- tum of the median income of the city or urban county; and (iii) in which at least 30 per cen- tum of the residents have incomes below the national poverty level; or (B) in the case of a city with a population of less than fifty thousand persons, contains an area (i) composed of one or more contiguous census tracts, enumeration districts, neigh- borhood statistics areas, or block groups or other areas defined by the United States Bu- reau of the Census or for which data certified by the United States Bureau of the Census are available having at least a population of two thousand five hundred persons or 10 per cen- tum of the population of the city, whichever is greater; (ii) in which at least 70 per centum of the residents have incomes below 80 per cen- tum of the median income of the city; and (iii) in which at least 30 per centum of the resi- dents have incomes below the national pov- erty level. The Secretary shall use up to, but not more than, 20 per centum of the funds appropriated for use in any fiscal year under this section for the purpose of making grants to cities and urban counties eligible under this paragraph. Page 6533 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 1 So in original. Probably should not be capitalized. (c) Applications; documentation of eligibility; proposed plan; assurance of notice and com- ment; assurance of consideration on histor- ical landmarks Applications for assistance under this section shall— (1) in the case of an application for a grant under subsection (b)(2), include documentation of grant eligibility in accordance with the standards described in that subsection; (2) set forth the activities for which assist- ance is sought, including (A) an estimate of the costs and general location of the activi- ties; (B) a summary of the public and private resources which are expected to be made avail- able in connection with the activities, includ- ing how the activities will take advantage of unique opportunities to attract private invest- ment; and (C) an analysis of the economic ben- efits which the activities are expected to produce; (3) contain a certification satisfactory to the Secretary that the applicant, prior to submis- sion of its application, (A) has held public hearings to obtain the views of citizens, par- ticularly residents of the area in which the proposed activities are to be carried out; (B) has analyzed the impact of these proposed ac- tivities on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood in which they are to be carried out; and (C) has made available the analysis described in clause (B) to any interested person or organi- zation residing or located in the neighborhood in which the proposed activities are to be car- ried out; and (4) contain a certification satisfactory to the Secretary that the applicant, prior to submis- sion of its application, (A) has identified all properties, if any, which are included on the National Register of Historic Places and which, as determined by the applicant, will be affected by the project for which the applica- tion is made; (B) has identified all other prop- erties, if any, which will be affected by such project and which, as determined by the appli- cant, may meet the criteria established by the Secretary of the Interior for inclusion on such Register, together with documentation relat- ing to the inclusion of such properties on the Register; (C) has determined the effect, as de- termined by the applicant, of the project on the properties identified pursuant to clauses (A) and (B); and (D) will comply with the re- quirements of section 5320 of this title. (d) Mandatory selection criteria; award of points; distribution of funds; number of competi- tions per year; use of distress conditions data by urban counties (1) Except in the case of a city or urban county eligible under subsection (b)(2), the Secretary shall establish selection criteria for a national competition for grants under this section which must include— (A) the comparative degree of economic dis- tress among applicants, as measured (in the case of a metropolitan city or urban county) by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in the metropolitan city or urban county; (B) other factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration in cities and urban counties; (C) the following other criteria: (i) the extent to which the grant will stim- ulate economic recovery by leveraging pri- vate investment; (ii) the number of permanent jobs to be created and their relation to the amount of grant funds requested; (iii) the proportion of permanent jobs ac- cessible to lower income persons and minori- ties, including persons who are unemployed; (iv) the extent to which the project will re- tain jobs that will be lost without the provi- sion of a grant under this section; (v) the extent to which the project will re- lieve the most pressing employment or resi- dential needs of the applicant by— (I) reemploying workers in a skill that has recently suffered a sharp increase in unemployment locally; (II) retraining recently unemployed resi- dents in new skills; (III) providing training to increase the local pool of skilled labor; or (IV) producing decent housing for low- and moderate-income persons in cases where such housing is in severe shortage in the area of the applicant, except that an application shall be considered to produce housing for low- and moderate-income per- sons under this clause only if such applica- tion proposes that (a) not less than 51 per- cent of all funds available for the project shall be used for dwelling units and related facilities; and (b) not less than 30 percent of all funds used for dwelling units and re- lated facilities shall be used for dwelling units to be occupied by persons of low and moderate income, or not less than 20 per- cent of all dwelling units made available to occupancy using such funds shall be oc- cupied by persons of low and moderate in- come, whichever results in the occupancy of more dwelling units by persons of low and moderate income; (vi) the impact of the proposed activities on the fiscal base of the city or urban county and its relation to the amount of grant funds requested; (vii) the extent to which State or local Government 1 funding or special economic incentives have been committed; and (viii) the extent to which the project will have a substantial impact on physical and economic development of the city or urban county, the proposed activities are likely to be accomplished in a timely fashion with the grant amount available, and the city or urban county has demonstrated performance in housing and community development pro- grams; and (D) additional consideration for projects with the following characteristics: Page 6534 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 (i) projects to be located within a city or urban county which did not receive a pre- liminary grant approval under this section during the 12-month period preceding the date on which applications are required to be submitted for the grant competition in- volved; and (ii) twice the amount of the additional consideration provided under clause (i) for projects to be located in cities or urban counties which did not receive a preliminary grant approval during the 24-month period preceding the date on which applications under this section are required to be sub- mitted for the grant competition involved. If a city or urban county has submitted and has pending more than one application, the additional consideration provided by subpara- graph (D) of the preceding sentence shall be available only to the project in such city or urban county which received the highest num- ber of points under subparagraph (C) of such sentence. (2) For the purpose of making grants with re- spect to areas described in subsection (b)(2), the Secretary shall establish selection criteria, which must include (A) factors determined to be relevant by the Secretary in assessing the com- parative degree of economic deterioration among eligible areas, and (B) such other criteria as the Secretary may determine, including at a minimum the criteria listed in paragraph (1)(C) of this subsection. (3) The Secretary shall award points to each application as follows: (A) not more than 35 points on the basis of the criteria referred to in paragraph (1)(A); (B) not more than 35 points on the basis of the criteria referred to in paragraph (1)(B); (C) not more than 33 points on the basis of the criteria referred to in paragraph (1)(C); and (D)(i) 1 additional point on the basis of the criterion referred to in paragraph (1)(D)(i); or (ii) 2 additional points on the basis of the criterion referred to in paragraph (1)(D)(ii). (4) The Secretary shall distribute grant funds under this section so that to the extent prac- ticable during each funding cycle— (A) 65 percent of the funds is first made available utilizing all of the criteria set forth in paragraph (1); and (B) 35 percent of the funds is then made available solely on the basis of the factors re- ferred to in subparagraphs (C) and (D) of para- graph (1). (5)(A) Within 30 days of the start of each fiscal year, the Secretary shall announce the number of competitions for grants to be held in that fis- cal year. The number of competitions shall be not less than two nor more than three. (B) Each competition for grants described in any clause of subparagraph (A) shall be for an amount equal to the sum of— (i) approximately the amount of the funds available for such grants for the fiscal year di- vided by the number of competitions for those funds; (ii) any funds available for such grants in any previous competition that are not award- ed; and (iii) any funds available for such grants in any previous competition that are recaptured. (C) Notwithstanding any other provision of this section, in each competition for grants under this section, no city or urban county may be awarded a grant or grants in an amount in excess of $10,000,000 until all cities and urban counties which submitted fundable applications have been awarded a grant. If funds are avail- able for additional grants after each city and urban county submitting a fundable application is awarded one or more grants under the pre- ceding sentence, then additional grants shall be made so that each city or urban county that has submitted multiple applications is awarded one additional grant in order of ranking, with no single city or urban county receiving more than one grant approval in any subsequent series of grant determinations within the same competi- tion. (D) All grants under this section, including grants to cities and urban counties described in subsection (b)(2), shall be awarded in accordance with subparagraph (C) so that all grants under this section are made in order of ranking. (e) Limitations on power of Secretary to approve grants; waiver The Secretary may not approve any grant to a city or urban county eligible under subsection (b)(2) unless— (1) the grant will be used in connection with a project located in an area described in sub- section (b)(2), except that the Secretary may waive this requirement where the Secretary determines (A) that there is no suitable site for the project within that area, (B) the project will be located directly adjacent to that area, and (C) the project will contribute substantially to the economic development of that area; (2) the city or urban county has dem- onstrated to the satisfaction of the Secretary that basic services supplied by the city or urban county to the area described in sub- section (b)(2) are at least equivalent, as meas- ured by per capita expenditures, to those sup- plied to other areas within the city or urban county which are similar in population size and physical characteristics and which have median incomes above the median income for the city or urban county; (3) the grant will be used in connection with a project which will directly benefit the low- and moderate-income families and individuals residing in the area described in subsection (b)(2); and (4) the city or urban county makes avail- able, from its own funds or from funds re- ceived from the State or under any Federal program which permits the use of financial as- sistance to meet the non-Federal share re- quirements of Federal grant-in-aid programs, an amount equal to 20 per centum of the grant to be available under this section to be used in carrying out the activities described in the ap- plication. Page 6535 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 (f) Permissibility of consistent but unenumerated activities; report on use of re- paid grant funds for economic development activities Activities assisted under this section may in- clude such activities, in addition to those au- thorized under section 5305(a) of this title, as the Secretary determines to be consistent with the purposes of this section. In any case in which the project proposes the repayment to the appli- cant of the grant funds, such funds shall be made available by the applicant for economic development activities that are eligible activi- ties under this section or section 5305 of this title. The applicant shall annually provide the Secretary with a statement of the projected re- ceipt and use of repaid grant funds during the next year together with a report acceptable to the Secretary on the use of such funds during the most recent preceding full fiscal year of the applicant. (g) Annual review and audit; adjustments, with- drawals and reduction permitted The Secretary shall, at least on an annual basis, make reviews and audits of recipients of grants under this section as necessary to deter- mine the progress made in carrying out activi- ties substantially in accordance with approved plans and timetables. The Secretary may adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with the findings of these reviews and audits, except that funds already expended on eligible activities under this chapter shall not be recaptured or de- ducted from future grants made to the recipient. (h) Limitations on grants for industrial or com- mercial relocations or expansions; appeal of denial or cancellation of assistance; grants to adversely affected individuals (1) Speculative projects No assistance may be provided under this section for projects intended to facilitate the relocation of industrial or commercial plants or facilities from one area to another, unless the Secretary finds that the relocation does not significantly and adversely affect the un- employment or economic base of the area from which the industrial or commercial plant or facility is to be relocated. The provisions of this paragraph shall apply only to projects that do not have identified intended occu- pants. (2) Projects with identified intended occupants No assistance may be provided or utilized under this section for any project with identi- fied intended occupants that is likely to facili- tate— (A) a relocation of any operation of an in- dustrial or commercial plant or facility or other business establishment— (i) from any city, urban county, or iden- tifiable community described in subsection (p), that is eligible for assistance under this section; and (ii) to the city, urban county, or identifi- able community described in subsection (p), in which the project is located; or (B) an expansion of any such operation that results in a reduction of any such oper- ation in any city, county, or community de- scribed in subparagraph (A)(i). (3) Significant and adverse effect The restrictions established in paragraph (2) shall not apply if the Secretary determines that the relocation or expansion does not sig- nificantly and adversely affect the employ- ment or economic base of the city, county, or community from which the relocation or ex- pansion occurs. (4) Appeal of adverse determination Following notice of intent to withhold, deny, or cancel assistance under paragraph (1) or (2), the Secretary shall provide a period of not less than 90 days in which the applicant can appeal to the Secretary the withholding, denial, or cancellation of assistance. Notwith- standing any other provision of this section, nothing in this section or in any legislative history related to the enactment of this sec- tion may be construed to permit an inference or conclusion that the policy of the Congress in the urban development action grant pro- gram is to facilitate the relocation of busi- nesses from one area to another. (5) Assistance for individuals adversely af- fected by prohibited relocations (A) Any amount withdrawn by, recaptured by, or paid to the Secretary due to a violation (or a settlement of an alleged violation) of this subsection (or of any regulation issued or con- tractual provision entered into to carry out this subsection) by a project with identified intended occupants shall be made available by the Secretary as a grant to the city, county, or community described in subsection (p), from which the operation of an industrial or commercial plant or facility or other business establishment relocated or in which the oper- ation was reduced. (B)(i) Any amount made available under this paragraph shall be used by the grantee to as- sist individuals who were employed by the op- eration involved prior to the relocation or re- duction and whose employment or terms of employment were adversely affected by the re- location or reduction. The assistance shall in- clude job training, job retraining, and job placement. (ii) If any amount made available to a grant- ee under this paragraph is more than is re- quired to provide assistance under clause (i), the grantee shall use the excess amount to carry out community development activities eligible under section 5305(a) of this title. (C)(i) The provisions of this paragraph shall be applicable to any amount withdrawn by, re- captured by, or paid to the Secretary under this section, including any amount withdrawn, recaptured, or paid before the effective date of this paragraph. (ii) Grants may be made under this para- graph only to the extent of amounts provided in appropriation Acts. (6) Definition For purposes of this subsection, the term ‘‘operation’’ includes any plant, equipment, fa- cility, position, employment opportunity, pro- duction capacity, or product line. Page 6536 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 2 So in original. (7) Regulations Not later than 60 days after February 5, 1988, the Secretary shall issue such regulations as may be necessary to carry out the provisions of this subsection. Such regulations shall in- clude specific criteria to be used by the Sec- retary in determining whether there is a sig- nificant and adverse effect under paragraph (3). (i) Minimum percentage of funds to be allocated to certain noncentral cities; application by consortia of cities of less than 50,000 popu- lation Not less than 25 per centum of the funds made available for grants under this section shall be used for cities with populations of less than fifty thousand persons which are not central cities of a metropolitan statistical area. The Secretary shall encourage cooperation by geographically proximate cities of less than 50,000 population by permitting consortia of such cities, which may also include county governments that are not urban counties, to apply for grants on behalf of a city that is otherwise eligible for assistance under this section. Any grants awarded to such consortia shall be administered in compliance with eligibility requirements applicable to indi- vidual cities. (j) Grant contingent on factors related to non- Federal funds A grant may be made under this section only where the Secretary determines that there is a strong probability that (1) the non-Federal in- vestment in the project would not be made with- out the grant, and (2) the grant would not sub- stitute for non-Federal funds which are other- wise available to the project. (k) Duty of Secretary to minimize amount In making grants under this section, the Sec- retary shall take such steps as the Secretary deems appropriate to assure that the amount of the grant provided is the least necessary to make the project feasible. (l) Power of Secretary to waive requirement that town or township be closely settled For purposes of this section, the Secretary may reduce or waive the requirement in section 5302(a)(5)(B)(ii) of this title that a town or town- ship be closely settled. (m) Notice to State historic preservation officer and Secretary of the Interior required with regard to affected landmark property; oppor- tunity for comment In the case of any application which identifies any property in accordance with subsection (c)(4)(B), the Secretary may not commit funds with respect to an approved application unless the applicant has certified to the Secretary that the appropriate State historic preservation offi- cer and the Secretary of the Interior have been provided an opportunity to take action in ac- cordance with the provisions of section 5320(b) of this title. (n) Territories, tribes, and certain Hawaiian counties included in term ‘‘city’’ (1) For the purposes of this section, the term ‘‘city’’ includes Guam, American Samoa, the Northern Mariana Islands, the Virgin Islands, and Indian tribes. Such term also includes the counties of Kauai, Maui and Hawaii in the State of Hawaii. (2) The Secretary may not approve a grant to an Indian tribe under this section unless the tribe (A) is located on a reservation, or on former Indian reservations in Oklahoma as de- termined by the Secretary of the Interior, or in an Alaskan Native Village, and (B) was an eligi- ble recipient under chapter 67 of title 31 prior to the repeal of such chapter. (o) Special provisions for years after 1983 If no amounts are set aside under, or amounts are precluded from being appropriated for this section for fiscal years after fiscal year 1983, any amount which is or becomes available for use under this section after fiscal year 1983 shall be added to amounts appropriated under section 5303 of this title, except that amounts available to the Secretary for use under this subsection as of October 1, 1993, and amounts released to the Secretary pursuant to subsection (t) may be used to provide grants under section 5308(q) of this title..2 (p) Unincorporated portions of urban counties An unincorporated portion of an urban county that is approved by the Secretary as an identifi- able community for purposes of this section is eligible for a grant under subsection (b)(2) if such portion meets the eligibility requirements contained in the first sentence of subsection (b)(1) and the requirements of subsection (b)(2)(B) (applied to the population of the por- tion of the urban county) and if it otherwise complies with the provisions of this section. (q) Technical assistance grants Of the amounts appropriated for purposes of this section for any fiscal year, not more than $2,500,000 may be used by the Secretary to make technical assistance grants to States or their agencies, municipal technical advisory services operated by universities, or State associations of counties or municipalities, to enable such en- tities to assist units of general local government described in subsection (i) in developing, apply- ing for assistance for, and implementing pro- grams eligible for assistance under this section. (r) Nondiscrimination by Secretary against type of activity or applicant In utilizing the discretion of the Secretary when providing assistance and applying selec- tion criteria under this section, the Secretary may not discriminate against applications on the basis of (1) the type of activity involved, whether such activity is primarily housing, in- dustrial, or commercial; or (2) the type of appli- cant, whether such applicant is a city or urban county. (s) Maximum grant amount for fiscal years 1988 and 1989 For fiscal years 1988 and 1989, the maximum grant amount for any project under this section is $10,000,000. (t) UDAG retention program If a grant or a portion of a grant under this section remains unexpended upon the issuance Page 6537 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 of a notice implementing this subsection, the grantee may enter into an agreement, as pro- vided under this subsection, with the Secretary to receive a percentage of the grant amount and relinquish all claims to the balance of the grant within 90 days of the issuance of notice imple- menting this subsection (or such later date as the Secretary may approve). The Secretary shall not recapture any funds obligated pursuant to this section during a period beginning on April 11, 1994, until 90 days after the issuance of a no- tice implementing this subsection. A grantee may receive as a grant under this subsection— (1) 33 percent of such unexpended amounts if— (A) the grantee agrees to expend not less than one-half of the amount received for ac- tivities authorized pursuant to section 5308(q) of this title and to expend such funds in conjunction with a loan guarantee made under section 5308 of this title at least equal to twice the amount of the funds received; and (B)(i) the remainder of the amount re- ceived is used for economic development ac- tivities eligible under this chapter; and (ii) except when waived by the Secretary in the case of a severely distressed jurisdic- tion, not more than one-half of the costs of activities under subparagraph (B) are de- rived from such unexpended amounts; or (2) 25 percent of such unexpended amounts if— (A) the grantee agrees to expend such funds for economic development activities eligible under this chapter; and (B) except when waived by the Secretary in the case of a severely distressed jurisdic- tion, not more than one-half of the costs of such activities are derived from such unex- pended amount. (Pub. L. 93–383, title I, § 119, as added Pub. L. 95–128, title I, § 110(b), Oct. 12, 1977, 91 Stat. 1125; amended Pub. L. 95–557, title I, § 103(g), (h), Oct. 31, 1978, 92 Stat. 2084; Pub. L. 96–153, title I, §§ 104, 105, Dec. 21, 1979, 93 Stat. 1102, 1104; Pub. L. 96–399, title I, §§ 110(a), (b), 117(a), Oct. 8, 1980, 94 Stat. 1619, 1623; Pub. L. 97–35, title III, § 308(a), Aug. 13, 1981, 95 Stat. 392; Pub. L. 98–181, title I [title I, § 121], Nov. 30, 1983, 97 Stat. 1168; Pub. L. 98–454, title VI, § 601(c), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 98–479, title II, § 203(l)(3), Oct. 17, 1984, 98 Stat. 2231; Pub. L. 99–272, title XIV, § 14001(b)(6), Apr. 7, 1986, 100 Stat. 329; Pub. L. 99–500, § 101(g), Oct. 18, 1986, 100 Stat. 1783–242, and Pub. L. 99–591, § 101(g), Oct. 30, 1986, 100 Stat. 3341–242; Pub. L. 100–202, §§ 101(f) [title I, § 101], 106, Dec. 22, 1987, 101 Stat. 1329–187, 1329–193, 1329–433; Pub. L. 100–242, title V, §§ 501(c), 515(a)–(d), (g)(2)–(i), 516(a), Feb. 5, 1988, 101 Stat. 1923, 1930–1934; Pub. L. 100–404, title I, Aug. 19, 1988, 102 Stat. 1020; Pub. L. 100–628, title X, § 1084, Nov. 7, 1988, 102 Stat. 3277; Pub. L. 103–233, title II, § 232(b), (c)(1), Apr. 11, 1994, 108 Stat. 367.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (g) and (t)(1)(B)(i), (2)(A), was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Ta- bles. For effective date of this paragraph, referred to in subsec. (h)(5)(C)(i), see section 516(b) of Pub. L. 100–242, set out as an Effective Date of 1988 Amendment note below. Chapter 67 of title 31, referred to in subsec. (n)(2)(B), was repealed by Pub. L. 99–272, title XIV, § 14001(a)(1), Apr. 7, 1986, 100 Stat. 327. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Amendment of subsec. (n)(1) by Pub. L. 99–500 and 99–591 is based on provisions under the headings ‘‘Man- agement and Administration’’ and ‘‘Administrative Provision’’ in title I of H.R. 5313 [Department of Hous- ing and Urban Development—Independent Agencies Ap- propriations Act, 1987], as incorporated by reference by section 101(g) of Pub. L. 99–500 and 99–591, and enacted into law by section 106 of Pub. L. 100–202. AMENDMENTS 1994—Subsec. (o). Pub. L. 103–233, § 232(b), inserted be- fore period at end ‘‘, except that amounts available to the Secretary for use under this subsection as of Octo- ber 1, 1993, and amounts released to the Secretary pur- suant to subsection (t) may be used to provide grants under section 5308(q) of this title.’’ Subsec. (t). Pub. L. 103–233, § 232(c)(1), added subsec. (t). 1988—Subsec. (a). Pub. L. 100–242, § 501(c), substituted ‘‘There are authorized to be appropriated to carry out this section $225,000,000 for fiscal year 1988, and $225,000,000 for fiscal year 1989. Any amount appro- priated under this subsection shall remain available until expended.’’ for ‘‘Of the total amount approved in appropriation Acts under section 5303 of this title for each of the fiscal years 1982 and 1983, not more than $500,000,000 shall be available for each of the fiscal years 1982 and 1983 for grants under this section. There are authorized to be appropriated to carry out the provi- sions of this section not to exceed $440,000,000 for each of the fiscal years 1984, 1985, and 1986, and any amount appropriated under this sentence shall remain available until expended.’’ Subsec. (d)(1). Pub. L. 100–242, § 515(a), inserted dash before ‘‘(A)’’, indented subpars. (A) and (B), struck out ‘‘as the primary criterion,’’ in subpar. (A) and ‘‘and’’ at end of subpar. (B), added subpars. (C) and (D), and struck out former subpar. (C) which read as follows: ‘‘at least the following other criteria: demonstrated per- formance of the city or urban county in housing and community development programs; the extent to which the grant will stimulate economic recovery by leveraging private investment; the number of perma- nent jobs to be created and their relation to the amount of grant funds requested; the proportion of per- manent jobs accessible to lower income persons and mi- norities, including persons who are unemployed; the impact of the proposed activities on the fiscal base of the city or urban county and its relation to the amount of grant funds requested; the extent to which State or local government funding or special economic incen- tives have been committed; and the feasibility of ac- complishing the proposed activities in a timely fashion within the grant amount available.’’ Subsec. (d)(3) to (5). Pub. L. 100–242, § 515(b), added pars. (3) to (5). Subsec. (d)(5)(C), (D). Pub. L. 100–404 added subpars. (C) and (D). Subsec. (d)(6). Pub. L. 100–242, § 515(b), (g)(2), tempo- rarily added par. (6), see Effective Date of 1988 Amend- ment note below. Subsec. (f). Pub. L. 100–628, § 1084(a), substituted ‘‘5305’’ for ‘‘5304’’ after ‘‘activities under this section or section’’. Pub. L. 100–242, § 515(c), inserted at end ‘‘In any case in which the project proposes the repayment to the ap- Page 6538 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 plicant of the grant funds, such funds shall be made available by the applicant for economic development activities that are eligible activities under this section or section 5304 of this title. The applicant shall annu- ally provide the Secretary with a statement of the pro- jected receipt and use of repaid grant funds during the next year together with a report acceptable to the Sec- retary on the use of such funds during the most recent preceding full fiscal year of the applicant.’’ Subsec. (h)(1). Pub. L. 100–242, § 516(a)(1), (2), des- ignated existing provision as par. ‘‘(1) Speculative projects’’ and inserted at end ‘‘The provisions of this paragraph shall apply only to projects that do not have identified intended occupants.’’ Subsec. (h)(2) to (7). Pub. L. 100–242, § 516(a)(3), added pars. (2) to (7). Subsec. (n)(1). Pub. L. 100–628, § 1084(b), directed that subsec. (n)(1) of this section as similarly amended first by provisions made effective by section 101(g) of Pub. L. 99–500 and Pub. L. 99–591 [see 1986 Amendment note below and Codification note above] and later by section 515(i) of Pub. L. 100–242 [see below] is amended to read as if the amendment by Pub. L. 100–242 had not been en- acted. Pub. L. 100–242, § 515(i), made amendment identical to Pub. L. 99–500 and 99–591. See 1986 Amendment note below. Subsec. (r). Pub. L. 100–242, § 515(d), amended subsec. (r) generally. Prior to amendment, subsec. (r) read as follows: ‘‘In providing assistance under this section, the Secretary may not discriminate among programs on the basis of the particular type of activity involved, whether such activity is primarily a neighborhood, in- dustrial, or commercial activity.’’ Subsec. (s). Pub. L. 100–242, § 515(h), added subsec. (s). 1987—Subsec. (n)(1). For amendment by § 106 of Pub. L. 100–202, see 1986 Amendment note below. Subsec. (n)(2)(A). Pub. L. 100–202, § 101(f) [title I, § 101], inserted ‘‘, or on former Indian reservations in Okla- homa as determined by the Secretary of the Interior,’’ after ‘‘reservation’’. 1986—Subsec. (n)(1). Pub. L. 99–500 and 99–591, § 101(g), as enacted by Pub. L. 100–202, inserted at end ‘‘Such term also includes the counties of Kauai, Maui and Ha- waii in the State of Hawaii.’’ See Codification note above. Subsec. (n)(2)(B). Pub. L. 99–272 substituted ‘‘was an eligible recipient under chapter 67 of title 31 prior to the repeal of such chapter’’ for ‘‘is an eligible recipient under chapter 67 of title 31’’. 1984—Subsec. (n)(1). Pub. L. 98–454 inserted reference to American Samoa and the Northern Mariana Islands. Subsec. (n)(2). Pub. L. 98–479 substituted ‘‘chapter 67 of title 31’’ for ‘‘the State and Local Fiscal Assistance Act of 1972’’. 1983—Subsec. (a). Pub. L. 98–181, § 121(a), inserted au- thorizations for appropriations not to exceed $440,000,000 for each of the fiscal years 1984, 1985, and 1986. Subsec. (b)(1). Pub. L. 98–181, § 121(b), substituted ‘‘the extent of unemployment, job lag, or surplus labor’’ for ‘‘where data are available, the extent of unemployment and job lag’’, and inserted provisions for continued eli- gibility for assistance of any city with a population of less than 50,000 persons, other than a central city of a metropolitan area, which until the Secretary revises the standards for eligibility for such cities and includes the extent of unemployment, job lag, or labor surplus as a standard of distress for such cities, and provisions requiring the Secretary to make such revision as soon as possible following Nov. 30, 1983. Subsec. (b)(2)(A)(i), (B)(i). Pub. L. 98–181, § 121(c), in- serted ‘‘neighborhood statistics areas,’’ after ‘‘enu- meration districts,’’. Subsec. (c)(3)(C). Pub. L. 98–181, § 121(d), added cl. (C). Subsec. (d)(1). Pub. L. 98–181, § 121(e), substituted ‘‘cri- teria for a national competition’’ for ‘‘criteria’’ in pro- visions preceding cl. (A). Subsec. (i). Pub. L. 98–181, § 121(f), inserted provisions relating to applications by consortia of cities less than 50,000 population. Subsecs. (p) to (r). Pub. L. 98–181, § 121(g), added sub- secs. (p) to (r). 1981—Pub. L. 97–35 substantially restructured and re- organized provisions, made changes in nomenclature and phraseology, and revised purposes, selection cri- teria and standards, application procedures, approval powers of Secretary, covered activities, limitations, al- location computations, funding prerequisites, amounts for grants, waivers, notice requirements, applicable definitions, and special provisions for years after 1983. 1980—Subsec. (c)(7). Pub. L. 96–399, § 110(a)(1)–(3), added par. (7). Subsec. (n). Pub. L. 96–399, § 110(b), added subsec. (n). Subsec. (o). Pub. L. 96–399, § 117(a), added subsec. (o). 1979—Subsec. (b). Pub. L. 96–153, § 104, designated ex- isting provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 96–153, § 104(b), designated existing provisions as par. (1) and substituted ‘‘(1) Except in the case of a city or urban county eligible under subsection (b)(2) of this section, in establishing criteria’’ for ‘‘In establishing criteria’’ in opening sentence, redesig- nated existing cls. (1) to (3) as (A) to (C), and added pars. (2) and (3). Subsecs. (l), (m). Pub. L. 96–153, § 105, added subsecs. (l) and (m). 1978—Subsec. (c)(6). Pub. L. 95–557, § 103(g), added par. (6). Subsec. (e). Pub. L. 95–557, § 103(h), inserted ‘‘impact of the proposed urban development action program on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood, in which the program is to be located’’ after ‘‘objectives of this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–233 applicable with re- spect to any amounts made available to carry out sub- chapter II (§ 12721 et seq.) of chapter 130 of this title after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–242, title V, § 515(f), (g), Feb. 5, 1988, 101 Stat. 1934, provided that: ‘‘(f) REGULATIONS.—The Secretary of Housing and Urban Development shall issue such regulations as may be necessary to carry out the amendments made by this section [amending this section]. Such regulations shall be published for comment in the Federal Register not later than 60 days after the date of enactment of this Act [Feb. 5, 1988]. The provisions of section 119(d)(1)(D), section 119(d)(3), and section 119(d)(4) of the Housing and Community Development Act of 1974 [sub- sec. (d)(1)(D), (3), (4) of this section], shall take effect on the date of enactment of this Act. ‘‘(g) APPLICABILITY.— ‘‘(1) IN GENERAL.—The amendments made by this section [amending this section] shall be applicable to the making of urban development action grants that have not received the preliminary approval of the Secretary of Housing and Urban Development before the date on which final regulations issued by the Sec- retary under subsection (f) become effective. For the fiscal year in which the amendments made by this section become applicable, such amendments shall only apply with respect to the aggregate amount awarded for such grants on or after such effective date. ‘‘(2) SUNSET OF URBAN COUNTY COMPETITION RULE.— Effective October 1, 1989, section 119(d)(6) of the Hous- ing and Community Development Act of 1974 [subsec. (d)(6) of this section] is repealed.’’ Page 6539 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 Pub. L. 100–242, title V, § 516(b), Feb. 5, 1988, 101 Stat. 1936, provided that: ‘‘Except as otherwise provided in section 119(h)(5) of the Housing and Community Devel- opment Act of 1974 [subsec. (h)(5) of this section] (as added by subsection (a)), the amendments made by this section [amending this section] shall be applicable to urban development action grants that have not re- ceived the preliminary approval of the Secretary of Housing and Urban Development before the date of the enactment of this Act [Feb. 5, 1988].’’ EFFECTIVE DATE OF 1986 AMENDMENTS Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433, provided that the amendment made by Pub. L. 99–500 and 99–591 is effective on date of enactment [Oct. 18, 1986] of the ‘‘pertinent joint resolution’’ making con- tinuing appropriations for fiscal year 1987 [Pub. L. 99–500 and 99–591]. Amendment by Pub. L. 99–272 effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title III, § 308(c), Aug. 13, 1981, 95 Stat. 396, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 5320 of this title] shall become effective on the effective date of regulations implementing such subsections. As soon as practicable, but not later than January 1, 1982, the Secretary shall issue such final rules and regula- tions as the Secretary determines are necessary to carry out such subsections.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–557 effective Oct. 1, 1978, see section 104 of Pub. L. 95–557, set out as a note under section 1709 of Title 12, Banks and Banking. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 114 of Pub. L. 95–128, set out as an Effective Date of 1977 Amend- ment note under section 5301 of this title. IMPLEMENTATION OF URBAN DEVELOPMENT ACTION GRANT RETENTION PROGRAM Pub. L. 103–233, title II, § 232(c)(2), Apr. 11, 1994, 108 Stat. 368, provided that: ‘‘Not later than 10 days after the date of enactment of this Act [Apr. 11, 1994], the Secretary shall, by notice published in the Federal Register, which shall take effect upon publication, es- tablish such requirements as may be necessary to im- plement the amendments made by this subsection [amending this section].’’ NEW TOWNS DEMONSTRATION PROGRAM FOR EMERGENCY RELIEF OF LOS ANGELES Pub. L. 102–550, title XI, Oct. 28, 1992, 106 Stat. 3927, as amended by Pub. L. 105–362, title VII, § 701(g), Nov. 10, 1998, 112 Stat. 3287, provided that: ‘‘SEC. 1101. AUTHORITY. ‘‘To provide for the revitalization and renewal of inner city neighborhoods in the areas of Los Angeles, California, that were damaged by the civil disturbances during April and May of 1992, and to demonstrate the effectiveness of new town developments in revitalizing and restoring depressed and underprivileged inner city neighborhoods, the Secretary of Housing and Urban De- velopment shall, to the extent or in such amounts as are provided in appropriation Acts, make any assist- ance authorized under this title available under this title to units of general local government, governing boards, and eligible mortgagors in accordance with the provisions of this title. ‘‘SEC. 1102. NEW TOWN PLAN. ‘‘(a) REQUIREMENT.—The Secretary may make assist- ance available under this title only in connection with, and according to the provisions of a new town plan de- veloped and established by a governing board under sec- tion 1107 and approved under subsection (d) of this sec- tion. In developing such plans, the governing board shall consult with representatives of the units of gen- eral local government within whose boundaries are lo- cated any portion of the new town demonstration area for the demonstration program to be carried out under such plan. ‘‘(b) ELIGIBLE NEW TOWN DEMONSTRATION AREAS.—A new town plan under this section shall provide for car- rying out a new town development demonstration pro- viding assistance available under this title within a new town demonstration area, which shall be a geo- graphic area defined in the new town plan— ‘‘(1) that is one of pervasive poverty, unemploy- ment, and general distress; ‘‘(2) that has an unemployment rate of not less than 1.5 times the national unemployment rate for the 2 years preceding approval of the new town plan; ‘‘(3) that has a poverty rate of not less than 20 per- cent during such 2-year period; ‘‘(4) for which not less than 70 percent of the house- holds living in the area have incomes below 80 per- cent of the median income of households of the unit of general local government in which they are lo- cated; ‘‘(5) that has a shortage of adequate jobs for resi- dents; and ‘‘(6) that is located— ‘‘(A) in or near the City or County of Los Angeles, in the State of California; and ‘‘(B) within an area for which the President, pur- suant to title IV or V of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq., 5191 et seq.], declared that a major disaster or emergency existed for purposes of such Act [42 U.S.C. 5121 et seq.], as a result of the civil disturbances involving acts of violence occur- ring on or after April 29, 1992, and before May 6, 1992. ‘‘(c) CONTENTS.—Each new town plan shall include the following information: ‘‘(1) GOVERNING BOARD.—A description of the mem- bers and purposes of the governing board that devel- oped the plan, the manner in which members of the governing board were selected, and the businesses, agencies, interests, and community ties of each mem- ber of the governing board. ‘‘(2) NEW TOWN DEMONSTRATION AREA.—A definition and description of the new town demonstration area for the new town development demonstration to be assisted under this title. ‘‘(3) TARGET COMMUNITY.—A description of the eco- nomic, social, racial, and ethnic characteristics of the population of the neighborhood or area in which the new town demonstration area is located. ‘‘(4) AGREEMENTS.—Agreements that the governing board will carry out the new town demonstration pro- gram in accordance with the requirements of this title. ‘‘(5) HOUSING UNITS.—A description of the number, size, location, cost, style, and characteristics of rent- al and homeownership housing units to be developed under the new town demonstration program, any fi- nancing for developing such housing, and the amount of assistance necessary under section 1105 for devel- oping the housing under the program. ‘‘(6) JOBS.—A description of the number, types, and duration of any new jobs that will be created in the new town demonstration area and surrounding areas as a result of the demonstration program, and of any job training activities and apprenticeship programs to be made available in connection with the program. ‘‘(7) SOCIAL SERVICES.—A description of the social and supportive services to be made available under the demonstration program to residents of housing assisted under the demonstration program pursuant to section 1103(d) and to residents of the new town demonstration area. ‘‘(8) SUPPLEMENTAL RESOURCES.—A description of any funds, assistance, in-kind contributions, and Page 6540 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 other resources to be made available in connection with the demonstration program, including the sources and amounts of any private capital resources and non-Federal funds required under section 1103(h). ‘‘(9) CONTRACTORS AND DEVELOPERS.—A listing of the contractors and developers who potentially will carry out any construction and rehabilitation work for development of housing under the demonstration program and the expected costs involved in hiring such contractors and developers. ‘‘(10) FINANCING FOR HOMEBUYERS.—A description of any mortgage lenders who have indicated that they will make financing available to families purchasing housing developed under the demonstration program through mortgages eligible for insurance under sec- tion 1104 and proposed terms of such mortgages. ‘‘(11) COMMITMENTS.—Evidence of any commitments entered into for making any of the resources de- scribed in paragraphs (6) through (8) available in con- nection with the demonstration program. ‘‘(12) PRESALE REQUIREMENTS.—A description of commitments made to purchase not less than 50 per- cent of the housing to be developed under the dem- onstration program for purchase by the occupant and to rent not less than 50 percent of the rental dwelling units to be developed under the demonstration pro- gram. ‘‘(13) COMMUNITY DEVELOPMENT ACTIVITIES.—A de- scription of the community development activities to be carried out with assistance under section 1106, the amount of assistance necessary under such section for such activities, and of the projected uses of such assistance. ‘‘(d) REVIEW AND APPROVAL.— ‘‘(1) SUBMISSION.—Not later than the expiration of the 6-month period beginning on the date of the en- actment of this Act [Oct. 28, 1992], a governing board shall submit a new town plan under this section to the chief executive officers of each unit of general local government within whose boundaries is located any portion of the new town demonstration area de- scribed under the plan of the board. ‘‘(2) APPROVAL.—For a plan to be eligible for assist- ance available under this title, the chief executive of- ficer of all units of general local government to whom the new town plan is submitted shall approve the plan at a public meeting after the plan has been made publicly available for a period of not less than 30 days. A governing board may resubmit for approval any plan returned by any such chief executive officer to the governing board, and such chief executive offi- cer may, upon returning the plan indicate any modi- fications necessary for approval. A new town plan may not be approved unless such chief executive offi- cers determine that the membership of the governing board submitting the plan is constituted in accord- ance with section 1107 and the governing board is ca- pable of carrying out the plan. ‘‘(3) AMENDMENT.—An approved new town plan for the demonstration program developed by the gov- erning board may be amended by the board by obtain- ing approval of the amendment in the manner pro- vided under this subsection for approval of plans. If the chief executive officer of the unit of general local government does not approve or return the amended plan within 30 days of submission, the amended plan shall be considered to be approved for purposes of this subsection. ‘‘SEC. 1103. NEW TOWN DEVELOPMENT DEM- ONSTRATION PROGRAM REQUIREMENTS. ‘‘(a) IN GENERAL.—Each of the 2 new town develop- ment demonstration programs selected for assistance under this title under section 1102 shall be carried out, by the governing board submitting the new town plan for the demonstration program, in accordance with such plan (and any approved amendments of such plans) and shall be subject to the requirements under this section. ‘‘(b) LOCAL PARTICIPATION.—With respect to any ac- tivities carried out under the demonstration program, the program shall give preference in awarding con- tracts, purchasing materials, acquiring services, and obtaining assistance or training, to contractors, busi- nesses, developers, professionals, and other establish- ments located or having offices within the new town demonstration area. ‘‘(c) HOUSING.— ‘‘(1) NUMBER OF UNITS.—The demonstration program shall construct or renovate not less than 1,500 dwell- ing units in the new town demonstration area, of which not less than 60 percent shall be units available for purchase by the occupant. ‘‘(2) AFFORDABILITY.—Units of varying sizes and costs shall be designed and developed under the dem- onstration program so that the program provides housing affordable to families of varying incomes not exceeding 115 percent of the median income for the area in which the new town demonstration area is lo- cated, including very low- and low-income families (as such terms are defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)]). ‘‘(3) HOMEOWNERSHIP UNITS.—Dwelling units devel- oped under the demonstration program for purchase by the occupant shall initially be sold at prices af- fordable to families eligible to purchase such units. Such units shall be available for purchase only by families having incomes not exceeding the amount specified in paragraph (2). The demonstration shall develop 2-, 3-, and 4-bedroom units for purchase. ‘‘(4) RENTAL UNITS.—Dwelling units developed under the demonstration program that are to be available for rental shall include family-type units and single bedroom and efficiency units designed for elderly oc- cupants. Such units shall be available for occupancy only by families who (upon initial occupancy) have incomes of (A) less than 60 percent of the median in- come for the area, or (B) less than $20,000. Occupant families shall pay not more than 30 percent of the family income for rent. ‘‘(d) SOCIAL SERVICES.—The demonstration program shall provide for appropriate social and supportive services to be made available to residents of housing assisted under the demonstration program and to other residents of the new town demonstration area, which may include rental and homeownership counseling, child care, job placement, educational programs, rec- reational and health care facilities and programs, and other appropriate services. ‘‘(e) JOB CREATION AND TRAINING.—The demonstration program shall provide, to the extent practicable, that activities in connection with the demonstration pro- gram, including development of housing under sub- section (c) and community development activities as- sisted under section 1106, shall employ and provide job training opportunities for residents of the housing as- sisted under the demonstration program and other resi- dents of the new town demonstration area. ‘‘(f) FINANCING.—The demonstration program shall provide for coordination with banks, credit unions, and other mortgage lenders to make financing available to purchasers of units developed under the demonstration program through mortgages eligible for insurance under section 1104, and shall give preference to such mortgage lenders who have offices located within or near the new town demonstration area. ‘‘(g) SUPPORT FACILITIES.—The demonstration pro- gram shall encourage, facilitate, and provide for devel- opment of appropriate support facilities to serve resi- dents in the housing developed under the program, in- cluding infrastructure and commercial facilities. ‘‘(h) NON-FEDERAL FUNDS.—The governing board car- rying out the demonstration program shall ensure that not less than 25 percent of the total amounts used to carry out the demonstration program is provided from non-Federal sources, including State or local govern- ment funds, any salary paid to staff to carry out the demonstration program, the value of any time, serv- ices, and materials donated to carry out the program, the value of any donated building, and the value of any lease on a building. Page 6541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 ‘‘SEC. 1104. FEDERAL MORTGAGE INSURANCE. ‘‘(a) IN GENERAL.—Pursuant to title II and section 251 of the National Housing Act [12 U.S.C. 1707 et seq., 1715z–16], the Secretary shall (to the extent authority is available pursuant to subsection (d)) insure mortgages under this section involving properties upon which are located dwelling units described in section 1103(c)(3) of this Act that are developed under the new town dem- onstration programs carried out pursuant to this title. ‘‘(b) MORTGAGE TERMS.—Mortgages insured under this section shall— ‘‘(1) provide for periodic adjustments in the effec- tive rate of interest charged, which— ‘‘(A) for the first 5 years of the mortgage, shall be an annual rate of not more than 7 percent; and ‘‘(B) after the expiration of such 5-year period, may increase on an annual basis, but— ‘‘(i) shall be limited, with respect to any single interest rate increase, to not more than a 10-per- cent increase in the annual percentage rate; and ‘‘(ii) may not be increased at any time to a rate greater than the rate necessary at such time to fully amortize the outstanding loan balance over the term of the mortgage; and ‘‘(2) have a maturity of 35 years from the date of the beginning of the amortization of the mortgage. ‘‘(c) BOARD APPROVAL.—The Secretary may provide insurance under this section for a mortgage only if the governing board for the demonstration program for the new town demonstration area in which the property subject to the mortgage is located has indicated to the Secretary approval of the mortgage in connection with the demonstration program. ‘‘(d) INSURANCE AUTHORITY.—To the extent provided in appropriation Acts, the Secretary shall use any au- thority provided pursuant to section 531(b) of the Na- tional Housing Act [12 U.S.C. 1735f–9(b)] to enter into commitments to insure loans and mortgages under this section in fiscal years 1993 and 1994 with an aggregate principal amount not exceeding such sums as may be necessary to carry out the demonstration under this title. Mortgages insured under this section shall not be considered for purposes of the aggregate limitation on the number of mortgages insured under section 251 of the National Housing Act [12 U.S.C. 1715z–16] specified in subsection (c) of such section. ‘‘SEC. 1105. SECONDARY SOFT MORTGAGE FINANC- ING FOR HOUSING. ‘‘(a) IN GENERAL.—The Secretary shall, to the extent amounts are provided in appropriation Acts under sub- section (e), provide assistance under this section through the governing boards carrying out the new town demonstration programs under this section to as- sist in the development of housing under the program. ‘‘(b) USE.—Any assistance provided under this section shall be used only for costs in planning, developing, constructing, and rehabilitating housing under the demonstration program available for rental or pur- chase by the occupant. The governing board shall de- termine, according to the new town plan for the dem- onstration program, the allocation of amounts of as- sistance provided under this section. ‘‘(c) AMOUNT.—The Secretary may not provide assist- ance under this section for the development of housing under a demonstration program in an amount exceed- ing $50,000 per dwelling unit assisted. ‘‘(d) SECOND MORTGAGE.— ‘‘(1) IN GENERAL.—Assistance under this section shall be repaid in accordance with this subsection. Repayment of the amount of any assistance provided with respect to— ‘‘(A) any building containing rental units, or ‘‘(B) any dwelling unit available for purchase by the occupant that is developed under a demonstra- tion program, shall be secured by a second mortgage held by the Secretary on the property involved. ‘‘(2) TERMS.—During the period ending upon repay- ment of the assistance as provided in this subsection, any building containing rental units that is provided assistance under this section shall be used as rental housing subject to the requirements of section 1103(c)(4). During the period ending upon repayment of the assistance as provided in this subsection, any dwelling unit made available for purchase by the oc- cupant that is provided assistance under this section may be sold only to a family having an income not exceeding the amount specified in section 1103(c)(2). ‘‘(3) INTEREST.—Any assistance provided under this section for a building or dwelling unit shall bear in- terest at a rate equivalent to the rate for the most recently marketable obligations issued by the United States Treasury have terms of 10 years. The interest on such assistance shall be required to be repaid only upon sale of the building. ‘‘(4) DISCOUNTED REPAYMENT.—The assistance pro- vided under this section for any building containing rental units or any dwelling unit available for pur- chase by the occupant shall be considered to have been repaid for purposes of this subsection if the original purchaser of the building or the dwelling unit pays to the Secretary an amount equal to 50 per- cent of the amount of the assistance provided under this section. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for fiscal years 1993 and 1994 such sums as may be necessary for providing as- sistance under this section. ‘‘SEC. 1106. COMMUNITY DEVELOPMENT ASSIST- ANCE. ‘‘(a) IN GENERAL.—The Secretary shall provide assist- ance under this section, to the extent amounts are pro- vided in appropriation Acts under subsection (h), to units of general local government to address vital unmet needs and to promote the creation of jobs and economic development in connection with the new town demonstration programs carried out under this title. ‘‘(b) ELIGIBLE UNITS OF GENERAL LOCAL GOVERN- MENT.—Assistance may be provided under this section only to units of general local government— ‘‘(1) within whose boundaries are located any por- tion of the new town demonstration areas described under the new town demonstration plans for the dem- onstration programs carried out under this title; ‘‘(2) that make the certifications to the Secretary required under subsection (c); and ‘‘(3) that will comply with a residential antidisplacement and relocation assistance plan de- scribed in subsection (d). ‘‘(c) REQUIRED CERTIFICATIONS.—The certifications re- ferred to in subsection (b)(2) shall be certifications that— ‘‘(1) the assistance will be conducted and adminis- tered in conformity with the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.] and the Civil Rights Act of 1968 [see Short Title note set out under section 3601 of this title], and the unit of general local govern- ment will affirmatively further fair housing; ‘‘(2) the projected use of funds has been developed in a manner that gives maximum feasible priority to ac- tivities which are designed to meet community devel- opment needs that have been delayed because of the lack of fiscal resources of the unit of general local government or which are designed to address condi- tions that pose a serious and immediate threat to the health or welfare of the community; ‘‘(3) any projected use of funds for public services will benefit primarily low- and moderate-income fam- ilies; ‘‘(4) the unit of general local government will not attempt to recover any capital costs of public im- provements assisted in whole or part under this sec- tion by assessing any amount against properties owned and occupied by persons of low- and moderate- income, including any fee charged or assessment made as a condition of obtaining access to such pub- lic improvements, unless— Page 6542 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318 ‘‘(A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improve- ments that are financed from revenue sources other than under this section; or ‘‘(B) for purposes of assessing any amount against properties owned and occupied by persons of mod- erate income, the grantee certifies to the Secretary that it lacks sufficient funds received under this section to comply with the requirements of sub- paragraph (A); and ‘‘(5) the unit of general local government will com- ply with the other provisions of this title and with other applicable laws. ‘‘(d) ANTIDISPLACEMENT AND RELOCATION PLAN.— ‘‘(1) CONTENTS.—The residential antidisplacement and relocation assistance plan referred to in sub- section (b)(3) shall, in connection with activities as- sisted under this section— ‘‘(A) provide that, in the event of such displace- ment— ‘‘(i) governmental agencies or private devel- opers shall provide, within the same community, comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low- and mod- erate-income dwelling units demolished or con- verted to a use other than for housing for low- and moderate-income persons, and provide that such replacement housing may include existing housing assisted with project based assistance provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f]; ‘‘(ii) such comparable replacement dwellings shall be designed to remain affordable to persons of low- and moderate-income for 10 years from the time of initial occupancy; ‘‘(iii) relocation benefits shall be provided for all low- or moderate-income persons who occu- pied housing demolished or converted to a use other than for low- or moderate-income housing, including reimbursement for actual and reason- able moving expenses, security deposits, credit checks, and other moving-related expenses, in- cluding any interim living costs; and in the case of displaced persons of low- and moderate-income, provide either— ‘‘(I) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or ‘‘(II) if elected by a family, a lump-sum pay- ment equal to the capitalized value of the bene- fits available under subclause (I) to permit the household to secure participation in a housing cooperative or mutual housing association; and ‘‘(iv) persons displaced shall be relocated into comparable replacement housing that is— ‘‘(I) decent, safe, and sanitary; ‘‘(II) adequate in size to accommodate the oc- cupants; ‘‘(III) functionally equivalent; and ‘‘(IV) in an area not subject to unreasonably adverse environmental conditions; and ‘‘(B) provide that persons displaced shall have the right to elect, as an alternative to the benefits under this subsection, to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.] if such persons determine that it is in their best interest to do so; and ‘‘(C) provide that where a claim for assistance under subparagraph (A)(iv) is denied by the unit of general local government, the claimant may appeal to the Secretary, and that the decision of the Sec- retary shall be final unless a court determines the decision was arbitrary and capricious. ‘‘(2) EXCEPTION.—Paragraphs (1)(A)(i) and (1)(A)(ii) shall not apply in any case in which the Secretary finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable housing for low- and moderate-income per- sons. A determination under this paragraph shall be final and nonreviewable. ‘‘(e) ELIGIBLE ACTIVITIES.—Activities assisted with amounts provided under this section may include only the following activities: ‘‘(1) ACQUISITION OF REAL PROPERTY.—The acquisi- tion of real property (including air rights, water rights, and other interests therein) that is located within the new town demonstration area and is— ‘‘(A) blighted, deteriorated, undeveloped, or inap- propriately developed from the standpoint of sound community development and growth; ‘‘(B) appropriate for rehabilitation activities; ‘‘(C) appropriate for the preservation or restora- tion of historic sites, the beautification of urban land, the conservation of open spaces, natural re- sources, and scenic areas, the provision of rec- reational opportunities, or the guidance of urban development; ‘‘(D) to be used for the provision of public works, facilities, and improvements eligible for assistance under this section; ‘‘(E) to be used as a facility for coordinating and providing activities and services for high risk youth (as such term is defined in section 509A [now 517] of the Public Health Service Act [former 42 U.S.C. 290bb–23]); or ‘‘(F) to be used for other public purposes. ‘‘(2) CONSTRUCTION OF PUBLIC WORKS AND FACILI- TIES.—The acquisition, construction, rehabilitation, or installation of public works or public facilities within the new town demonstration area, including buildings for the general conduct of government and facilities for coordinating and providing activities and services for high risk youth (as such term is de- fined in section 509A [now 517] of the Public Health Service Act). ‘‘(3) CLEARANCE AND REHABILITATION OF BUILDINGS.— The clearance, removal, and rehabilitation of build- ings and improvements located within the new town demonstration area, including interim assistance, as- sistance for facilities for coordinating and providing activities and services for high risk youth (as such term is defined in section 509A [now 517] of the Public Health Service Act), and assistance to privately owned buildings and improvements. ‘‘(4) PROVISION OF PUBLIC SERVICES AND HOUSING.— ‘‘(A) PUBLIC SERVICES.—The provision of public services within the new town demonstration area that are concerned with job training and retrain- ing, health care and education, crime prevention, drug abuse treatment and rehabilitation, child care, education, and recreation, which may include the provision of public health and public safety ve- hicles. ‘‘(B) HOUSING ACTIVITIES.—The acquisition and re- habilitation of housing for low- and moderate-in- come families within the new town demonstration area, except that any grantee that uses amounts re- ceived under this section for housing activities under this subparagraph shall make not less than 15 percent of the amount used for such housing activi- ties available only for community housing develop- ment organizations and nonprofit organizations (as such terms are defined in section 104 of the Cran- ston-Gonzalez National Affordable Housing Act [42 U.S.C. 12704]) for such activities; ‘‘(C) LIMITATION.—Not more than 25 percent of the amount of any assistance provided under this sec- tion (including program income) to any unit of gen- eral local government may be used for activities under this paragraph. ‘‘(5) RELOCATION ASSISTANCE.—Relocation payments and assistance for individuals, families, business, and organizations that are displaced as a result of activi- ties assisted under this title. ‘‘(6) PAYMENT OF ADMINISTRATIVE EXPENSES.—Pay- ment of reasonable administrative costs associated Page 6543 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5318a with activities assisted under this section and any ex- penses of developing the new town plan under section 1102. ‘‘(f) ALLOCATION OF ASSISTANCE.—The Secretary may not provide more than 50 percent of any amounts ap- propriated under this section in connection with any one of the 2 new town demonstration programs carried out under this title. ‘‘(g) OTHER REQUIREMENTS.—The provisions of sub- sections (f), (g), and (h) of section 104, subsections (c) and (d) of section 105, section 107, 108, 109, and 110 of the bill, H.R. 4073, 102d Congress (as reported on March 14, 1992 [May 14, 1992, H. Rept. No. 102–524], by the Com- mittee on Banking, Finance and Urban Affairs of the House of Representatives), shall apply to grantees re- ceiving assistance under this section. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for fiscal years 1993 and 1994 such sums as may be necessary for assistance under this section. ‘‘SEC. 1107. GOVERNING BOARDS. ‘‘(a) PURPOSE.—For purposes of this title, a governing board shall be a board organized for the purpose of de- veloping a new town plan under this title and carrying out a new town development demonstration under this title. ‘‘(b) MEMBERSHIP.—Each governing board shall con- sist of not less than 10 members, who shall include— ‘‘(1) residents of the area in which the new town demonstration area under the plan developed by the board is located; ‘‘(2) owners of business in such area; ‘‘(3) leaders or participants in community groups in such area; and ‘‘(4) representatives of financial institutions lo- cated or having offices in such area. ‘‘(c) ORGANIZATION.—A governing board may organize itself and conduct business in the manner that the board determines is appropriate to carry out the new town development demonstration under this title. ‘‘SEC. 1108. REPORTS. ‘‘Each governing board carrying out a new town de- velopment demonstration under this title shall submit to the Congress a copy of the new town plan of the gov- erning board, upon the approval of that plan under sec- tion 1102(d). ‘‘SEC. 1109. DEFINITIONS. ‘‘For purposes of this title: ‘‘(1) DEMONSTRATION PROGRAM.—The terms ‘dem- onstration program’ and ‘program’ mean a new town development demonstration program receiving assist- ance under this title, which is carried out within a new town demonstration area by a governing board. ‘‘(2) GOVERNING BOARD.—The term ‘governing board’ means a board established under section 1107. ‘‘(3) NEW TOWN DEMONSTRATION AREA.—The term ‘new town demonstration area’ means the area de- fined in a new town plan in which the new town de- velopment demonstration under the plan is to be car- ried out. ‘‘(4) NEW TOWN PLAN.—The terms ‘new town plan’ and ‘plan’ mean a plan under section 1102 developed by a governing board. ‘‘(5) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘unit of general local government’ means any city, county, town, township, parish, village, or other general purpose political subdivision of the State of California.’’ REPORTS OF COMPTROLLER GENERAL Pub. L. 100–242, title V, § 515(e), Feb. 5, 1988, 101 Stat. 1933, which required the Comptroller General of the United States to triennially prepare and submit to Con- gress a comprehensive report evaluating the eligibility standards and selection criteria applicable under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 14 on page 9 of House Document No. 103–7. NEIGHBORHOOD DEVELOPMENT DEMONSTRATION Pub. L. 98–181, title I [title I, § 123], Nov. 30, 1983, 97 Stat. 1172, which provided for a demonstration program to determine the feasibility of supporting eligible neighborhood development activities by providing Fed- eral matching funds to eligible neighborhood develop- ment organizations, was transferred to section 5318a of this title. § 5318a. John Heinz Neighborhood Development Program (a) Definitions For the purposes of this section: (1) The term ‘‘eligible neighborhood develop- ment activity’’ means— (A) creating permanent jobs in the neigh- borhood; (B) establishing or expanding businesses within the neighborhood; (C) developing, rehabilitating, or man- aging neighborhood housing stock; (D) developing delivery mechanisms for es- sential services that have lasting benefit to the neighborhood; or (E) planning, promoting, or financing vol- untary neighborhood improvement efforts. (2) The term ‘‘eligible neighborhood develop- ment organization’’ means— (A)(i) an entity organized as a private, vol- untary, nonprofit corporation under the laws of the State in which it operates; (ii) an organization that is responsible to residents of its neighborhood through a gov- erning body, not less than 51 per centum of the members of which are residents of the area served; (iii) an organization that has conducted business for at least one year prior to the date of application for participation; (iv) an organization that operates within an area that— (I) meets the requirements for Federal assistance under section 5318 of this title; (II) is designated as an enterprise zone under Federal law; (III) is designated as an enterprise zone under State law and recognized by the Sec- retary for purposes of this section as a State enterprise zone; or (IV) is a qualified distressed community within the meaning of section 1834a(b)(1) of title 12; and (v) an organization that conducts one or more eligible neighborhood development ac- tivities that have as their primary bene- ficiaries low- and moderate-income persons, as defined in section 5302(a)(20) of this title; or (B) any facility that provides small entre- preneurial business with affordable shared support services and business development services and meets the requirements of sub- paragraph (A). (3) The term ‘‘neighborhood development funding organization’’ means— (A) a depository institution the accounts of which are insured pursuant to the Federal