-CITE-
    42 USC CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN
           DEVELOPMENT PROGRAM                             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         

-HEAD-
      CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                                  PROGRAM

-MISC1-
         SUBCHAPTER I - COMPREHENSIVE CITY DEMONSTRATION PROGRAMS     
    Sec.                                                     
    3301 to 3313. Omitted.                                            

               SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT           
    3331.       Congressional findings and declaration of purpose.    
    3332.       Cooperation between Federal agencies.                 
    3333.       Metropolitan expediters.                              
    3334.       Coordination of Federal aids with local governments.  
                  (a)  Review of projects by areawide agency or local
                        government.                                   
                  (b)  Comments and recommendations by areawide agency
                        and local government.                         
                  (c)  Rules and regulations.                         
    3335.       Grants to assist in planned areawide development.     
                  (a)  Supplementary grants.                          
                  (b)  Criteria.                                      
                  (c)  Grant to unit of general local government or
                        other applicant.                              
                  (d)  Secretary's consideration of comments of State
                        bodies.                                       
                  (e)  Restriction on grants to certain areawide
                        development projects.                         
                  (f)  Racial balance or imbalance within school
                        districts.                                    
    3336.       Amount of grant.                                      
                  (a)  Limitation; Federal and non-Federal
                        contributions; projects or activities eligible
                        for assistance.                               
                  (b)  Authorization of appropriations; availability
                        of funds for expenditures.                    
    3337.       Consultations and certifications.                     
    3338.       Definitions.                                          
    3339.       Limitation on amount of grant.                        

        SUBCHAPTER III - URBAN INFORMATION AND TECHNICAL ASSISTANCE
                                 SERVICES
    3351 to 3356. Omitted.                                            

                 SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             
    3371.       Assistance for housing in Alaska.                     
                  (a)  Loans and grants; authorization; purposes.     
                  (b)  Amount of grants.                              
                  (c)  Authorization of appropriations.               
    3372, 3373. Repealed.                                             
    3374.       Acquisition of property at or near military bases
                 which have been ordered to be closed.                
                  (a)  Authorization; conditions precedent.           
                  (b)  Eligibility for benefits; criteria.            
                  (c)  Election of benefits; mortgage loan
                        encumbrance; foreclosure expenses.            
                  (d)  Fund for extension of financial assistance;
                        capital and receipts; availability of monies;
                        covering into Treasury as miscellaneous
                        receipts; Federal title to and control of
                        property; other laws unaffected; foreign
                        properties, exclusion.                        
                  (e)  Fund as source of payments to States in lieu of
                        taxes; limitation on amount; allowance for
                        public service expenditures.                  
                  (f)  Title requirements; terms and conditions of
                        payment; finality of decisions.               
                  (g)  Agreements between executive departments;
                        delegation of functions; finality of
                        determinations; availability of Fund.         
                  (h)  Omitted.                                       
                  (i)  Specific authorization for funds; expenditure
                        of monies in Fund.                            
                  (j)  Omitted.                                       
                  (k)  Reduction of operations at military base or
                        installation.                                 
                  (l)  Foreign property losses.                       
                  (m)  Eligibility for benefits as to closure actions
                        announced after April 1, 1973; criteria.      
                  (n)  Relocation assistance for Coast Guard
                        personnel.                                    
                  (o)  Relocation assistance for nonappropriated fund
                        instrumentality and other civilian employees. 

-End-

-CITE-
    42 USC SUBCHAPTER I - COMPREHENSIVE CITY DEMONSTRATION
           PROGRAMS                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER I - COMPREHENSIVE CITY DEMONSTRATION PROGRAMS

-HEAD-
         SUBCHAPTER I - COMPREHENSIVE CITY DEMONSTRATION PROGRAMS     

-End-

-CITE-
    42 USC Secs. 3301 to 3313                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER I - COMPREHENSIVE CITY DEMONSTRATION PROGRAMS

-HEAD-
    Secs. 3301 to 3313. Omitted

-COD-
                               CODIFICATION                           
      Sections were omitted pursuant to section 5316 of this title,
    which terminated authority to make grants or loans under this
    subchapter after Jan. 1, 1975.
      Section 3301, Pub. L. 89-754, title I, Sec. 101, Nov. 3, 1966, 80
    Stat. 1255, set out Congressional findings and declaration of
    purpose for this subchapter.
      Section 3302, Pub. L. 89-754, title I, Sec. 102, Nov. 3, 1966, 80
    Stat. 1255, set out basic authority of Secretary of Housing and
    Urban Development under this subchapter.
      Section 3303, Pub. L. 89-754, title I, Sec. 103, Nov. 3, 1966, 80
    Stat. 1256; Pub. L. 93-503, title I, Sec. 105, Nov. 26, 1974, 88
    Stat. 1572, related to demonstration programs.
      Section 3304, Pub. L. 89-754, title I, Sec. 104, Nov. 3, 1966, 80
    Stat. 1257, related to financial assistance for planning and
    developing programs under this subchapter.
      Section 3305, Pub. L. 89-754, title I, Sec. 105, Nov. 3, 1966, 80
    Stat. 1257, related to financial assistance for approved programs
    under this subchapter.
      Section 3306, Pub. L. 89-754, title I, Sec. 106, Nov. 3, 1966, 80
    Stat. 1258, related to technical assistance under this subchapter.
      Section 3307, Pub. L. 89-754, title I, Sec. 107, Nov. 3, 1966, 80
    Stat. 1259; Pub. L. 91-646, title II, Sec. 220(a)(9), Jan. 2, 1971,
    84 Stat. 1903, related to relocation requirements and payments.
      Section 3308, Pub. L. 89-754, title I, Sec. 108, Nov. 3, 1966, 80
    Stat. 1259, related to continued availability of Federal grant-in-
    aid program funds.
      Section 3309, Pub. L. 89-754, title I, Sec. 109, Nov. 3, 1966, 80
    Stat. 1259, related to consultations by the Secretary with other
    Federal departments and agencies administering Federal grant-in-aid
    programs.
      Section 3310, Pub. L. 89-754, title I, Sec. 110, Nov. 3, 1966, 80
    Stat. 1259, related to labor standards.
      Section 3311, Pub. L. 89-754, title I, Sec. 111, Nov. 3, 1966, 80
    Stat. 1260; Pub. L. 90-448, title XVII, Sec. 1701, Aug. 1, 1968, 82
    Stat. 602; Pub. L. 91-152, title III, Sec. 301, Dec. 24, 1969, 83
    Stat. 391; Pub. L. 91-609, title III, Sec. 301, Dec. 31, 1970, 84
    Stat. 1780; Pub. L. 92-335, Sec. 2, July 1, 1972, 86 Stat. 405;
    Pub. L. 93-117, Sec. 6, Oct. 2, 1973, 87 Stat. 422; Pub. L. 93-383,
    title I, Sec. 116(d), Aug. 22, 1974, 88 Stat. 652, authorized
    appropriations.
      Section 3312, Pub. L. 89-754, title I, Sec. 112, Nov. 3, 1966, 80
    Stat. 1260, provided definitions of "Federal grant-in-aid program",
    "city demonstration agency", "city", and "local agencies".
      Section 3313, Pub. L. 89-754, title I, Sec. 114, Nov. 3, 1966, 80
    Stat. 1261, provided for limitations on amount of grants.

-End-

-CITE-
    42 USC SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
               SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT           

-End-

-CITE-
    42 USC Sec. 3331                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3331. Congressional findings and declaration of purpose

-STATUTE-
      (a) The Congress hereby finds that the welfare of the Nation and
    of its people is directly dependent upon the sound and orderly
    development and the effective organization and functioning of our
    State and local governments.
      It further finds that it is essential that our State and local
    governments prepare, keep current, and carry out comprehensive
    plans and programs for their orderly physical development with a
    view to meeting efficiently all their economic and social needs.
      It further finds that our State and local governments are
    especially handicapped in this task by the complexity and scope of
    governmental services required, the multiplicity of political
    jurisdictions and agencies involved, and the inadequacy of the
    operational and administrative arrangements available for
    cooperation among them.
      It further finds that present requirements for areawide planning
    and programing in connection with various Federal programs have
    materially assisted in the solution of areawide problems, but that
    greater coordination of Federal programs and additional
    participation and cooperation are needed from the States and
    localities in perfecting and carrying out such efforts.
      (b) It is the purpose of this subchapter to provide through
    greater coordination of Federal programs, and through supplementary
    grants for certain federally assisted development projects,
    additional encouragement and assistance to States and localities
    for making comprehensive areawide planning and programing
    effective.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 201, Nov. 3, 1966, 80 Stat. 1261;
    Pub. L. 90-448, title VI, Sec. 602(b), Aug. 1, 1968, 82 Stat. 531.)

-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-448 extended scope from metropolitan planning
    and programing to areawide planning and programing.

                                SHORT TITLE                            
      Section 1 of Pub. L. 89-754 provided: "That this Act [enacting
    this chapter, section 1500d-1 of this title, sections 1735f-1,
    1749cc-1, and 1749aaa to 1749aaa-5 of Title 12, Banks and Banking,
    and section 470b-1 of Title 16, Conservation, amending sections
    1416, 1421, 1421b, 1453, 1455, 1456, 1460, 1463, 1471, 1472, 1474,
    1485, 1487, 1492, 1500, 1500a, 1500c-2, 1500d, and 1500e of this
    title, section 663 of former Title 11, Bankruptcy, sections 24,
    371, 1432, 1438, 1702, 1709, 1715c, 1715e, 1715k, 1715l, 1715n,
    1715r, 1717, 1719, 1720, 1723, 1731a, 1735g, 1749, 1749c, 1749aa,
    1749bb, 1749dd, 1749ee of Title 12, sections 77ddd and 637 of Title
    15, Commerce and Trade, and section 461 of former Title 40, Public
    Buildings, Property, and Works, repealing section 1735h of Title
    12, enacting provisions set out as notes under sections 1455 and
    1500d-1 of this title and sections 1718, 1749cc-1, and 1749aaa of
    Title 12, and amending provisions set out as notes under sections
    1701d-3, 1701q, and 1715e of Title 12] may be cited as the
    'Demonstration Cities and Metropolitan Development Act of 1966'."

-End-

-CITE-
    42 USC Sec. 3332                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3332. Cooperation between Federal agencies

-STATUTE-
      In order to insure that all Federal programs related to areawide
    development are carried out in a coordinated manner - 
        (1) the Secretary is authorized to call upon other Federal
      agencies to supply such statistical data, program reports, and
      other materials as he deems necessary to discharge his
      responsibilities for areawide development, and to assist the
      President in coordinating the areawide development efforts of all
      Federal agencies; and
        (2) all Federal agencies which are engaged in administering
      programs related to areawide development, or which otherwise
      perform functions relating thereto, shall, to the maximum extent
      practicable, consult with and seek advice from all other
      significantly affected Federal departments and agencies in an
      effort to assure fully coordinated programs.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 202, Nov. 3, 1966, 80 Stat. 1261;
    Pub. L. 90-448, title VI, Sec. 602(c), Aug. 1, 1968, 82 Stat. 532.)

-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-448 substituted "areawide" for "metropolitan"
    wherever appearing.

-End-

-CITE-
    42 USC Sec. 3333                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3333. Metropolitan expediters

-STATUTE-
      Upon the request of the duly authorized local officials of the
    central city in any metropolitan area, and after consultation with
    local governmental authorities throughout the metropolitan area
    with respect to whether or not the Secretary should make an
    appointment under this section (and with respect to the individuals
    who might be so appointed), the Secretary may appoint a
    metropolitan expediter for such area whenever he finds a need for
    the services specified in this section. The metropolitan expediter
    shall provide information, data, and assistance to local
    authorities and private individuals and entities within the
    metropolitan area, and to all relevant Federal departments and
    agencies, with respect to all programs and activities conducted
    within such metropolitan area by the Department of Housing and
    Urban Development, and with respect to other public and private
    activities and needs within such metropolitan area which relate to
    the programs and activities of the Department.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 203, Nov. 3, 1966, 80 Stat. 1262.)

-End-

-CITE-
    42 USC Sec. 3334                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3334. Coordination of Federal aids with local governments

-STATUTE-
    (a) Review of projects by areawide agency or local government
      All applications made after June 30, 1967, for Federal loans or
    grants to assist in carrying out open-space land projects or for
    the planning or construction of hospitals, airports, libraries,
    water supply and distribution facilities, sewerage facilities and
    waste treatment works, highways, transportation facilities, law
    enforcement facilities, and water development and land conservation
    projects within any metropolitan area shall be submitted for review
    - 
        (1) to any areawide agency which is designated to perform
      metropolitan or regional planning for the area within which the
      assistance is to be used, and which is, to the greatest
      practicable extent, composed of or responsible to the elected
      officials of a unit of areawide government or of the units of
      general local government within whose jurisdiction such agency is
      authorized to engage in such planning, and
        (2) if made by a special purpose unit of local government, to
      the unit or units of general local government with authority to
      operate in the area within which the project is to be located.
    (b) Comments and recommendations by areawide agency and local
      government
      (1) Except as provided in paragraph (2) of this subsection, each
    application shall be accompanied (A) by the comments and
    recommendations with respect to the project involved by the
    areawide agency and governing bodies of the units of general local
    government to which the application has been submitted for review,
    and (B) by a statement by the applicant that such comments and
    recommendations have been considered prior to formal submission of
    the application. Such comments shall include information concerning
    the extent to which the project is consistent with comprehensive
    planning developed or in the process of development for the
    metropolitan area or the unit of general local government, as the
    case may be, and the extent to which such project contributes to
    the fulfillment of such planning. The comments and recommendations
    and the statement referred to in this paragraph shall, except in
    the case referred to in paragraph (2) of this subsection, be
    reviewed by the agency of the Federal Government to which such
    application is submitted for the sole purpose of assisting it in
    determining whether the application is in accordance with the
    provisions of Federal law which govern the making of the loans or
    grants.
      (2) An application for a Federal loan or grant need not be
    accompanied by the comments and recommendations and the statements
    referred to in paragraph (1) of this subsection, if the applicant
    certifies that a plan or description of the project, meeting the
    requirements of such rules and regulations as may be prescribed
    under subsection (c) of this section, or such application, has lain
    before an appropriate areawide agency or instrumentality or unit of
    general local government for a period of sixty days without
    comments or recommendations thereon being made by such agency or
    instrumentality.
      (3) The requirements of paragraphs (1) and (2) shall also apply
    to any amendment of the application which, in light of the purposes
    of this subchapter, involves a major change in the project covered
    by the application prior to such amendment.
    (c) Rules and regulations
      The Office of Management and Budget, or such other agency as may
    be designated by the President, is hereby authorized to prescribe
    such rules and regulations as are deemed appropriate for the
    effective administration of this section.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 204, Nov. 3, 1966, 80 Stat. 1262;
    Pub. L. 90-351, title I, Sec. 522, June 19, 1968, 82 Stat. 208;
    1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959,
    84 Stat. 2085; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215.)

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (a). Pub. L. 93-83 reenacted amendment by Pub. L.
    90-351, inserting "law enforcement facilities," after
    "transportation facilities,".
      1968 - Subsec. (a). Pub. L. 90-351 inserted "law enforcement
    facilities," after "transportation facilities,".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law (including reorganization plan) in Bureau
    of the Budget or Director of Bureau of the Budget transferred to
    President of United States by section 101 of Reorg. Plan No. 2 of
    1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in
    the Appendix to Title 5, Government Organization and Employees.
    Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the
    Budget as Office of Management and Budget.

-End-

-CITE-
    42 USC Sec. 3335                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3335. Grants to assist in planned areawide development

-STATUTE-
    (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) of this
    section. 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.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 205, Nov. 3, 1966, 80 Stat. 1263;
    Pub. L. 90-448, title VI, Sec. 602(d), Aug. 1, 1968, 82 Stat. 532.)

-MISC1-
                                AMENDMENTS                            
      1968 - Subsec. (a). Pub. L. 90-448, Sec. 602(d)(1), substituted
    "areawide development" for "metropolitan development".
      Subsec. (b). Pub. L. 90-448, Sec. 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, Sec. 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, Sec. 602(d)(2), substituted
    "programing for the area" for "programing for the metropolitan
    area".
      Subsec. (e). Pub. L. 90-448, Sec. 602(d)(1), substituted
    "areawide development project" for "metropolitan development
    project".
      Subsec. (f). Pub. L. 90-448, Sec. 602(d)(6), struck out "within
    the metropolitanwide area" after "school districts".

-End-

-CITE-
    42 USC Sec. 3336                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3336. Amount of grant

-STATUTE-
    (a) Limitation; Federal and non-Federal contributions; projects or
      activities eligible for assistance
      A grant under section 3335 of this title shall not exceed (1) 20
    per centum of the cost of the project for which the grant is made;
    nor (2) the Federal grant made with respect to the project under
    the legislation referred to in paragraph (2) of section 3338 of
    this title. In no case shall the total Federal contributions to the
    cost of such project be more than 80 per centum. Notwithstanding
    any other provision of law, including requirements with respect to
    non-Federal contributions, grants under section 3335 of this title
    shall be eligible for inclusion (directly or through refunds or
    credits) as part of the financing for such projects: Provided, That
    projects or activities on the basis of which assistance is provided
    under section 3305(c) of this title shall not be eligible for
    assistance under section 3335 of this title.
    (b) Authorization of appropriations; availability of funds for
      expenditures
      There are authorized to be appropriated for grants under section
    3335 of this title not to exceed $25,000,000 for the fiscal year
    ending June 30, 1967, and not to exceed $50,000,000 for the fiscal
    year ending June 30, 1968. Any amounts appropriated under this
    section shall remain available until expended, and any amounts
    authorized for any fiscal year under this section but not
    appropriated may be appropriated for any succeeding fiscal year
    commencing prior to July 1, 1970.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 206, Nov. 3, 1966, 80 Stat. 1264;
    Pub. L. 90-448, title VI, Sec. 602(f), Aug. 1, 1968, 82 Stat. 532.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3305 of this title, referred to in subsec. (a), was
    omitted from the Code pursuant to section 5316 of this title, which
    terminated the authority to make grants and loans under subchapter
    I of this chapter after Jan. 1, 1975.

-MISC1-
                                AMENDMENTS                            
      1968 - Subsec. (b). Pub. L. 90-448 permitted any amounts
    authorized for any fiscal year but not appropriated to be
    appropriated for any succeeding fiscal year commencing prior to
    July 1, 1970.

-End-

-CITE-
    42 USC Sec. 3337                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3337. Consultations and certifications

-STATUTE-
      In carrying out his authority under section 3335 of this title,
    including the issuance of regulations, the Secretary shall consult
    with the Department of the Interior; the Department of Health and
    Human Services; the Department of Commerce; and the Federal
    Aviation Agency with respect to metropolitan development projects
    assisted by those departments and agencies; and he shall, for the
    purpose of section 3336 of this title, accept their respective
    certifications as to the cost of those projects and the amount of
    the non-Federal contribution paid or to be paid to that cost.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 207, Nov. 3, 1966, 80 Stat. 1264;
    Pub. L. 98-479, title II, Sec. 201(f), Oct. 17, 1984, 98 Stat.
    2228.)

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-479 substituted "Health and Human Services" for
    "Health, Education, and Welfare".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions, powers, and duties of Federal Aviation Agency and of
    Administrator and other offices and officers thereof transferred by
    Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to Secretary of
    Transportation, with functions, powers, and duties of Secretary of
    Transportation pertaining to aviation safety to be exercised by
    Federal Aviation Administrator in Department of Transportation, see
    section 106 of Title 49, Transportation.

-End-

-CITE-
    42 USC Sec. 3338                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3338. Definitions

-STATUTE-
      As used in this subchapter - 
      (1) "Areawide development" means all projects or programs for the
    acquisition, use, and development of open-space land; and the
    planning and construction of hospitals, libraries, airports, water
    supply and distribution facilities, sewerage facilities and waste
    treatment works, transportation facilities, highways, water
    development and land conservation, and other public works
    facilities.
      (2) "Areawide development project" means a project assisted or to
    be assisted under section 702 of the Housing and Urban Development
    Act of 1965 [42 U.S.C. 3102]; section 606 of the Public Health
    Service Act [42 U.S.C. 291f]; section 8 (!1) of the Federal Water
    Pollution Control Act [33 U.S.C. 1158]; section 120(a) of title 23;
    section 12 (!1) of the Federal Airport Act; section 19 (!1) of the
    Airport and Airway Development Act of 1970; section 5309 of title
    49; title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.];
    or section 5(e) of the Land and Water Conservation Fund Act of 1965
    [16 U.S.C. 460l-8(e)]; or under section 101(a)(1) (!1) of the
    Public Works and Economic Development Act of 1965 (for a project of
    a type which the Secretary determines to be eligible for assistance
    under any of the other provisions listed above).

      (3) "State" means any State of the United States, the District of
    Columbia, the Commonwealth of Puerto Rico, any territory or
    possession of the United States, or an agency or instrumentality of
    any of the foregoing.
      (4) "Metropolitan area" means a standard metropolitan statistical
    area as established by the Office of Management and Budget, subject
    however to such modifications and extensions as the Secretary may
    determine to be appropriate for the purposes of this subchapter.
      (5) "Comprehensive planning" includes the following, to the
    extent directly related to area needs or needs of a unit of general
    local government: (A) preparation, as a guide for long-range
    development, of general physical plans with respect to the pattern
    and intensity of land use and the provision of public facilities,
    including transportation facilities; (B) programing of capital
    improvements based on a determination of relative urgency; (C) long-
    range fiscal plans for implementing such plans and programs; and
    (D) proposed regulatory and administrative measures which aid in
    achieving coordination of all related plans of the departments or
    subdivisions of the governments concerned and intergovernmental
    coordination of related planned activities among the State and
    local governmental agencies concerned.
      (6) "Hospital" means any public health center or general,
    tuberculosis, mental, chronic disease, or other type of hospital
    and related facilities, such as laboratories, outpatient
    departments, nurses' home and training facilities, and central
    service facilities normally operated in connection with hospitals,
    but does not include any hospital furnishing primarily domiciliary
    care.
      (7) "Areawide agency" means an official State, metropolitan,
    regional, or district agency empowered under State or local laws or
    under an interstate compact or agreement to perform comprehensive
    planning in an area, an organization of the type referred to in
    section 701(g) (!1) of the Housing Act of 1954; or such other
    agency or instrumentality as may be designated by the Governor (or,
    in the case of areas crossing State lines, any one or more of such
    agencies or instrumentalities as may be designated by the Governors
    of the States involved) to perform such planning.
      (8) "Special purpose unit of local government" means any special
    district, public-purpose corporation, or other limited-purpose
    political subdivision of a State, but shall not include a school
    district.
      (9) "Unit of general local government" means any city, county,
    town, parish, village, or other general-purpose political
    subdivision of a State.
      (10) "Secretary" means the Secretary of Housing and Urban
    Development.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 208, Nov. 3, 1966, 80 Stat. 1265;
    Pub. L. 90-448, title VI, Sec. 602(e), Aug. 1, 1968, 82 Stat. 532;
    Pub. L. 91-258, title I, Sec. 52(b)(3), May 21, 1970, 84 Stat. 235;
    1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959,
    84 Stat. 2085; Pub. L. 102-240, title III, Sec. 3003(b), Dec. 18,
    1991, 105 Stat. 2088; Pub. L. 104-208, div. A, title I, Sec. 101(e)
    [title VII, Sec. 709(a)(6)], Sept. 30, 1996, 110 Stat. 3009-233,
    3009-312.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 702 of the Housing and Urban Development Act of 1965 [42
    U.S.C. 3102], referred to in par. (2), was omitted from the Code
    pursuant to section 5316 of this title which terminated the
    authority to make grants or loans under that section after Jan. 1,
    1975.
      Section 8 of the Federal Water Pollution Control Act, referred to
    in par. (2), which related to grants for construction of sewerage
    treatment works, was formerly classified to section 1158 of Title
    33, Navigation and Navigable Waters, prior to the reorganization of
    that Act by Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816. See
    Codification note set out under section 1251 of Title 33.
    Provisions of the Act relating to grants for construction of
    treatment works appear in section 1281 et seq. of Title 33.
      Section 12 of the Federal Airport Act, referred to in par. (2),
    is section 12 of act May 13, 1946, ch. 251, 60 Stat. 177, as
    amended, which was classified to section 1111 of former Title 49,
    Transportation, prior to repeal by Pub. L. 91-258, title I, Sec.
    52(a), May 21, 1970, 84 Stat. 235.
      Section 19 of the Airport and Airway Development Act of 1970,
    referred to in par. (2), is section 19 of Pub. L. 91-258, title I,
    May 21, 1970, 84 Stat. 230, as amended, which was classified to
    section 1719 of former Title 49, prior to repeal by Pub. L. 97-248,
    title V, Sec. 523(a), Sept. 3, 1982, 96 Stat. 695.
      The Housing Act of 1961, referred to in par. (2), is Pub. L. 87-
    70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the
    Housing Act of 1961 which was classified generally to chapter 8C
    (Sec. 1500 et seq.) of this title, was omitted pursuant to section
    5316 of this title which terminated the authority to make grants or
    loans under such title VII after Jan. 1, 1975. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 12, Banks and Banking, and Tables.
      Section 101(a)(1) of the Public Works and Economic Development
    Act of 1965, referred to in par. (2), is section 101(a)(1) of Pub.
    L. 89-136, title I, Aug. 26, 1965, 79 Stat. 552, as amended, which
    was classified to section 3131 of this title prior to repeal by
    Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat.
    3597.
      Section 701 of the Housing Act of 1954, referred to in par. (7),
    is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, as
    amended, which was classified to section 461 of former Title 40,
    Public Buildings, Property, and Works, and was repealed by Pub. L.
    97-35, title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398.

-COD-
                               CODIFICATION                           
      In par. (2), "section 5309 of title 49" substituted for "section
    3 of the Federal Transit Act [49 App. U.S.C. 1602]" on authority of
    Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first
    section of which enacted subtitles II, III, and V to X of Title 49,
    Transportation.

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (2). Pub. L. 104-208 struck out "title II of the
    Library Services and Construction Act;" before "section 606 of the
    Public Health Service Act".
      1991 - Par. (2). Pub. L. 102-240 substituted "Federal Transit
    Act" for "Urban Mass Transportation Act of 1964".
      1970 - Par. (2). Pub. L. 91-258 inserted "section 19 of the
    Airport and Airway Development Act of 1970;" after "section 12 of
    the Federal Airport Act;".
      1968 - Par. (1). Pub. L. 90-448, Sec. 602(e)(1), substituted
    "Areawide development" for "Metropolitan development."
      Par. (2). Pub. L. 90-448, Sec. 602(e)(1), substituted "Areawide
    development project" for "Metropolitan development project".
      Par. (7). Pub. L. 90-448, Sec. 602(e)(2), substituted "official
    State, metropolitan, regional, or district agency" for "official
    State or metropolitan or regional agency", and "in the case of
    areas" for "in the case of metropolitan areas".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law (including reorganization plan) in Bureau
    of the Budget or Director of Bureau of the Budget transferred to
    President of United States by section 101 of Reorg. Plan No. 2 of
    1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in
    the Appendix to Title 5, Government Organization and Employees.
    Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the
    Budget as Office of Management and Budget.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 3339                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER II - PLANNED AREAWIDE DEVELOPMENT

-HEAD-
    Sec. 3339. Limitation on amount of grant

-STATUTE-
      Grants made under section 3335 of this title for projects in any
    one State shall not exceed in the aggregate 15 per centum of the
    aggregate amount of funds authorized to be appropriated pursuant to
    section 3336(b) of this title.

-SOURCE-
    (Pub. L. 89-754, title II, Sec. 209, Nov. 3, 1966, 80 Stat. 1266.)

-End-

-CITE-
    42 USC SUBCHAPTER III - URBAN INFORMATION AND TECHNICAL
           ASSISTANCE SERVICES                             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER III - URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES

-HEAD-
        SUBCHAPTER III - URBAN INFORMATION AND TECHNICAL ASSISTANCE
                                 SERVICES

-End-

-CITE-
    42 USC Secs. 3351 to 3356                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER III - URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES

-HEAD-
    Secs. 3351 to 3356. Omitted

-COD-
                               CODIFICATION                           
      Appropriations for this subchapter have not been authorized for
    fiscal years commencing after June 30, 1972.
      Section 3351, Pub. L. 89-754, title IX, Sec. 901, Nov. 3, 1966,
    80 Stat. 1282, set out the declaration of purpose for this
    subchapter.
      Section 3352, Pub. L. 89-754, title IX, Sec. 902, Nov. 3, 1966,
    80 Stat. 1283, related to grant authority, scope of assistance, and
    terms and conditions of programs under this subchapter.
      Section 3353, Pub. L. 89-754, title IX, Sec. 903, Nov. 3, 1966,
    80 Stat. 1283, related to amounts and restrictions on grants under
    this subchapter.
      Section 3354, Pub. L. 89-754, title IX, Sec. 904, Nov. 3, 1966,
    80 Stat. 1283, related to cooperation of Federal departments and
    agencies with States, and coordination by Secretary of urban
    information and technical assistance programs under this
    subchapter.
      Section 3355, Pub. L. 89-754, title IX, Sec. 905, Nov. 3, 1966,
    80 Stat. 1283, defined "State", "Secretary", and "small
    communities".
      Section 3356, Pub. L. 89-754, title IX, Sec. 906, Nov. 3, 1966,
    80 Stat. 1284; Pub. L. 90-448, title XVII, Sec. 1703, Aug. 1, 1968,
    82 Stat. 603; Pub. L. 91-152, title III, Sec. 308, Dec. 24, 1969,
    83 Stat. 394; Pub. L. 91-609, title III, Sec. 305, Dec. 31, 1970,
    84 Stat. 1781, authorized appropriations.

-End-

-CITE-
    42 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             

-End-

-CITE-
    42 USC Sec. 3371                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 3371. Assistance for housing in Alaska

-STATUTE-
    (a) Loans and grants; authorization; purposes
      The Secretary of Housing and Urban Development (hereinafter
    referred to as the "Secretary") may make loans and grants on the
    basis of need to the regional native housing authorities duly
    constituted under the laws of the State of Alaska for the purpose
    of providing planning assistance, housing rehabilitation, and
    maintaining an adequate administrative structure in conjunction
    with the provision of housing and related facilities for Alaska
    residents.
    (b) Amount of grants
      Grants under this section shall not exceed 75 per centum of the
    aggregate cost of the housing and related facilities to be
    constructed under an approved program, except that the Secretary
    may make a grant in excess of such limitation in any case, after
    consultation with State officials.
    (c) Authorization of appropriations
      There is authorized to be appropriated not to exceed $10,000,000
    to carry out the purposes of this section.

-SOURCE-
    (Pub. L. 89-754, title X, Sec. 1004, Nov. 3, 1966, 80 Stat. 1284;
    Pub. L. 91-152, title II, Sec. 220, Dec. 24, 1969, 83 Stat. 390;
    Pub. L. 95-557, title IX, Sec. 904, Oct. 31, 1978, 92 Stat. 2125.)

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-557, Sec. 904(a), revised subsec.
    (a) generally to require that the Department of Housing and Urban
    Development make loans and grants, on the basis of need, to
    regional Alaska Native housing authorities for certain planning,
    administrative, and other expenses in conjunction with the
    provision of housing and related facilities for Alaska residents.
      Subsec. (b). Pub. L. 95-557, Sec. 904(b), inserted "except that
    the Secretary may make a grant in excess of such limitation in any
    case, after consultation with State officials".
      1969 - Subsec. (a). Pub. L. 91-152 substituted "$10,875" for
    "$7,500".

-End-

-CITE-
    42 USC Secs. 3372, 3373                                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-
    Secs. 3372, 3373. Repealed. Pub. L. 91-609, title V, Sec. 503(6),
      Dec. 31, 1970, 84 Stat. 1786

-MISC1-
      Section 3372, Pub. L. 89-754, title X, Sec. 1010, Nov. 3, 1966,
    80 Stat. 1286; Pub. L. 90-448, title XVII, Sec. 1704, Aug. 1, 1968,
    82 Stat. 603; Pub. L. 91-152, title IV, Secs. 402, 417, Dec. 24,
    1969, 83 Stat. 395, 401, related to application of advances in
    technology to housing and urban development and provided for:
    statement of purpose and duties of Secretary; objectives of
    research and studies; execution of research and studies directly or
    by contract, acquisition of property, and limitation on contracts;
    authorization of appropriations and availability of funds for
    expenditures; and limitation of authority under other provisions of
    law. See sections 1701z-1 to 1701z-4 of Title 12, Banks and
    Banking.
      Section 3373, Pub. L. 89-754, title X, Sec. 1011, Nov. 3, 1966,
    80 Stat. 1287, related to environmental studies and provided for:
    Congressional findings and comprehensive program of research,
    studies, surveys, and analyses; powers and duties of Secretary;
    advisory committees, functions, personnel, compensation, travel,
    and other necessary expenses; execution of studies, surveys,
    research, and analyses directly or by contract, and limitation on
    contracts; and authorization of appropriations and availability of
    funds for expenditures. See sections 1701z-1 to 1701z-4 of Title
    12, Banks and Banking.

-End-

-CITE-
    42 USC Sec. 3374                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 41 - DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT
                  PROGRAM                         
    SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 3374. Acquisition of property at or near military bases which
      have been ordered to be closed

-STATUTE-
    (a) Authorization; conditions precedent
      Notwithstanding any other provision of law, the Secretary of
    Defense is authorized to acquire title to, hold, manage, and
    dispose of, or, in lieu thereof, to reimburse for certain losses
    upon private sale of, or foreclosure against, any property improved
    with a one- or two-family dwelling which is situated at or near a
    military base or installation which the Department of Defense has,
    subsequent to November 1, 1964, ordered to be closed in whole or in
    part, if he determines - 
        (1) that the owner of such property is, or has been, a Federal
      employee employed at or in connection with such base or
      installation (other than a temporary employee serving under a
      time limitation), a nonappropriated fund instrumentality employee
      employed at a nonappropriated fund instrumentality operated in
      connection with such base or installation, or a member of the
      Armed Forces of the United States assigned thereto;
        (2) that the closing of such base or installation, in whole or
      in part, has required or will require the termination of such
      owner's employment or service at or in connection with such base
      or installation or, in the case of a member of the Armed Forces
      not assigned to that base or installation at the time of public
      announcement of such closing, will prevent any reassignment of
      such member to the base or installation; and
        (3) that as the result of the actual or pending closing of such
      base or installation in whole or in part, or if as the result of
      such action and other similar action in the same area, there is
      no present market for the sale of such property upon reasonable
      terms and conditions.
    (b) Eligibility for benefits; criteria
      (1) In order to be eligible for the benefits of this section, a
    civilian employee or a member of the Armed Forces - 
        (A) must be assigned to or employed at or in connection with
      the installation or activity at the time of public announcement
      of the closure action, or employed by a nonappropriated fund
      instrumentality operated in connection with such base or
      installation;
        (B) must have been transferred from such installation or
      activity, or terminated as an employee as a result of a reduction
      in force, within six months prior to public announcement of the
      closure action; or
        (C) must have been transferred from the installation or
      activity on an overseas tour within three years prior to public
      announcement of the closure action.

      (2) A member of the Armed Forces shall also be eligible for the
    benefits of this section if the member - 
        (A) was transferred from the installation or activity within
      three years prior to public announcement of the closure action;
      and
        (B) in connection with the transfer, was informed of a future,
      programmed reassignment to the installation.

      (3) The eligibility of a civilian employee and member of the
    Armed Forces under paragraph (1) and a member of the Armed Forces
    under paragraph (2) for benefits under this section in connection
    with the closure of an installation or activity is subject to the
    additional conditions set out in paragraphs (4) and (5).
      (4) At the time of public announcement of the closure action, or
    at the time of transfer or termination as set forth above, such
    personnel or employees must - 
        (A) have been the owner-occupant of the dwelling, or
        (B) have vacated the owned dwelling as a result of being
      ordered into on-post housing during a six-month period prior to
      the closure announcement.

      (5) As a consequence of such closure such employees or personnel
    must - 
        (A) be required to relocate because of military transfer or
      acceptance of employment beyond a normal commuting distance from
      the dwelling for which compensation is sought, or
        (B) be unemployed, not as a matter of personal choice, and able
      to demonstrate such financial hardship that they are unable to
      meet their mortgage payments and related expenses.
    (c) Election of benefits; mortgage loan encumbrance; foreclosure
      expenses
      Such persons as the Secretary of Defense may determine to be
    eligible under the criteria set forth above shall elect either (1)
    to receive a cash payment as compensation for losses which may be
    or have been sustained in a private sale, in an amount not to
    exceed the difference between (A) 95 per centum of the fair market
    value of their property (as such value is determined by the
    Secretary of Defense) prior to public announcement of intention to
    close all or part of the military base or installation and (B) the
    fair market value of such property (as such value is so determined)
    at the time of the sale, or (2) to receive, as purchase price for
    their property, an amount not to exceed 90 per centum of prior fair
    market value as such value is determined by the Secretary of
    Defense, or the amount of the outstanding mortgages. The Secretary
    may also pay a person who elects to receive a cash payment under
    clause (1) of the preceding sentence an amount that the Secretary
    determines appropriate to reimburse the person for the costs
    incurred by the person in the sale of the property if the Secretary
    determines that such payment will benefit the person and is in the
    best interest of the Federal Government. Cash payment as
    compensation for losses sustained in a private sale shall not be
    made in any case in which the property is encumbered by a mortgage
    loan guaranteed, insured, or held by a Federal agency unless such
    mortgage loan is paid, assumed by a purchaser satisfactory to such
    Federal agency, or otherwise fully satisfied at or prior to the
    time such cash payment is made. Except in cases of payment as
    compensation for losses, in the event of foreclosure by mortgagees
    commenced on or after public announcement of intention to close all
    or part of the military base or installation the Secretary of
    Defense may reimburse or pay on account of eligible persons such
    sums as may be paid or be otherwise due and owing by such persons
    as the result of such foreclosure, including (without limiting the
    generality of the foregoing) direct costs of judicial foreclosure,
    expenses and liabilities enforceable according to the terms of
    their mortgages or promissory notes, and the amount of debts, if
    any, established against such persons by a Federal agency in the
    case of loans made, guaranteed, or insured by such agency following
    liquidation of the security for such loans.
    (d) Fund for extension of financial assistance; capital and
      receipts; availability of monies; covering into Treasury as
      miscellaneous receipts; Federal title to and control of property;
      other laws unaffected; foreign properties, exclusion
      There shall be in the Treasury a fund which shall be available to
    the Secretary of Defense for the purpose of extending the financial
    assistance provided above. The capital of such fund shall consist
    of such sums as may, from time to time, be appropriated thereto,
    and shall consist also of receipts from the management, rental, or
    sale of properties acquired under this section, which receipts
    shall be credited to the fund and shall be available, together with
    funds appropriated therefor, for purchase or reimbursement purposes
    as provided above, as well as to defray expenses arising in
    connection with the acquisition, management, and disposal of such
    properties, including payment of principal, interest, and expenses
    of mortgages or other indebtedness thereon, and including the cost
    of staff services and contract services, costs of insurance, and
    other indemnity. Any part of such receipts not required for such
    expenses shall be covered into the Treasury as miscellaneous
    receipts. Properties acquired under this section shall be conveyed
    to, and acquired in the name of, the United States. The Secretary
    of Defense shall have the power to deal with, rent, renovate, and
    dispose of, whether by sales for cash or credit or otherwise, any
    properties so acquired: Provided, however, That no contract for
    acquisition, or acquisition, shall be deemed to constitute a
    contract for or acquisition of family housing units in support of
    military installations or activities within the meaning of section
    1594i (!1) of this title, nor shall it be deemed a transaction
    within the contemplation of section 2662 of title 10: Provided
    further, That no properties in foreign countries shall be acquired
    under this section, except in connection with compensation for
    property located on a base or installation pursuant to subsection
    (l) of this section.

    (e) Fund as source of payments to States in lieu of taxes;
      limitation on amount; allowance for public service expenditures
      Payments from the fund created by this section may be made in
    lieu of taxes to any State or political subdivision thereof, with
    respect to real property, including improvements thereon, acquired
    and held under this section. The amount so paid for any year upon
    such property shall not exceed the taxes which would be paid to the
    State or subdivision, as the case may be, upon such property if it
    were not exempt from taxation, and shall reflect such allowance as
    may be considered appropriate for expenditures, if any, by the
    Government for streets, utilities, or other public services to
    serve such property.
    (f) Title requirements; terms and conditions of payment; finality
      of decisions
      The title to any property acquired under this section, the
    eligibility for, and the amounts of, cash payable, and the
    administration of the preceding provisions of this section, shall
    conform to such requirements, and shall be administered under such
    conditions and regulations, as the Secretary of Defense may
    prescribe. Such regulations shall also prescribe the terms and
    conditions under which payments may be made and instruments
    accepted under this section, and all the determinations and
    decisions made pursuant to such regulations by the Secretary of
    Defense regarding such payments and conveyances and the terms and
    conditions under which they are approved or disapproved, shall be
    final and conclusive and shall not be subject to judicial review.
    (g) Agreements between executive departments; delegation of
      functions; finality of determinations; availability of Fund
      The Secretary of Defense is authorized to enter into such
    agreement with the Secretary of Housing and Urban Development as
    may be appropriate for the purposes of economy and efficiency of
    administration of this section. Such agreement may provide
    authority to the Secretary of Housing and Urban Development and his
    designee to make any or all of the determinations and take any or
    all of the actions which the Secretary of Defense is authorized to
    undertake pursuant to the preceding provisions of this section. Any
    such determinations shall be entitled to finality to the same
    extent as if made by the Secretary of Defense, and, in event the
    Secretaries of Defense and Housing and Urban Development so elect,
    the fund established pursuant to subsection (d) of this section
    shall be available to the Secretary of Housing and Urban
    Development to carry out the purposes thereof.
    (h) Omitted
    (i) Specific authorization for funds; expenditure of monies in Fund
      No funds may be appropriated for the acquisition of any property
    under authority of this section unless such funds have been
    specifically authorized for such purpose in a military construction
    authorization act, and no moneys in the fund created pursuant to
    subsection (d) of this section may be expended for any purpose
    except as may be provided in appropriation Acts.
    (j) Omitted
    (k) Reduction of operations at military base or installation
      The authority provided by this section to the Secretary of
    Defense shall also be available when the Department of Defense has
    ordered a reduction in the scope of operations at a military base
    or installation. All references in subsections (a), (b), (c), (n),
    and (o) of this section to "closures" or "closings" or words of
    similar effect shall be deemed to include the reduction in scope of
    operations at a base or installation.
    (l) Foreign property losses
      Notwithstanding the provisions of subsection (a)(2) and
    subsection (b)(5) of this section, Federal employees or military
    personnel employed at or near a military base or installation
    outside the United States who are otherwise eligible under the
    criteria as set forth above shall be entitled to compensation for
    losses arising (1) out of the sale of property, or (2) out of the
    inability to sell property located on a base or installation,
    incident to the owner's transfer, reassignment, or involuntary
    termination of employment, which results in his relocation. Such
    employees or military personnel whose property is located off a
    base or installation shall be entitled to compensation under
    subsection (c) of this section for losses sustained in private
    sales. Such employees or personnel whose property is located on a
    base or installation, who sell or are unable to find a purchaser
    for such property, may surrender their interest in such property to
    the United States, and shall be entitled to compensation,
    notwithstanding lack of ownership of the land on which such
    property is located, in an amount equal to (A) 90 per centum of the
    sum of the present owner's purchase price of the dwelling and
    improvements, and all costs of ownership including interest on
    notes, utilities and services, maintenance and insurance, less (B)
    the total of all housing allowances received from the Government
    during ownership and occupancy of the dwelling, all rents
    collected, and the sale price, if any, received for the property,
    as determined by the Secretary of Defense: Provided, however, That
    the maximum compensation shall in no event exceed 90 per centum of
    the unamortized portion of the cost of the property, including
    improvements, at the time ownership is terminated, as reflected in
    the amortization schedule, if any, relating to such property. For
    the purpose of this subsection, the term "United States" means the
    several States and the District of Columbia.
    (m) Eligibility for benefits as to closure actions announced after
      April 1, 1973; criteria
      In addition to the coverage provided above, the benefits of this
    section shall apply, as to closure actions in the several States
    and the District of Columbia announced after April 1, 1973, to
    otherwise eligible employees or personnel who are (1) employed or
    assigned either at or near the base or installation affected by the
    closure action, and (2) are required to relocate, due to transfer,
    reassignment or involuntary termination of employment, for reasons
    other than the closure action.
    (n) Relocation assistance for Coast Guard personnel
      (1) Assistance under this section shall be provided by the
    Secretary of Defense with respect to Coast Guard bases and
    installations ordered to be closed, in whole or in part, after
    January 1, 1987. Such assistance shall be provided under terms
    equivalent to those under which assistance is provided under this
    section for closings of military bases and installations which are
    under the jurisdiction of the Secretary of Defense.
      (2) The Secretary of the department in which the Coast Guard is
    operating, if other than the Department of Defense, shall reimburse
    the Secretary of Defense for expenditures under this section made
    by the Secretary of Defense with respect to closings of Coast Guard
    bases and installations ordered when the Coast Guard is not
    operating as a service in the Navy. The Secretary of Defense and
    the Secretary of the department in which the Coast Guard is
    operating shall enter into an agreement under which the Secretary
    of the department in which the Coast Guard is operating shall carry
    out such reimbursement.
    (o) Relocation assistance for nonappropriated fund instrumentality
      and other civilian employees
      (1) Assistance under this section shall be provided by the
    Secretary of Defense with respect to nonappropriated fund
    instrumentality employees adversely affected by the closure of a
    base or installation ordered to be closed, in whole or in part,
    after December 31, 1988.
      (2) Notwithstanding subsection (b) of this section, a civilian
    employee who is serving overseas and is entitled to reemployment by
    the Federal Government (including a nonappropriated fund
    instrumentality of the United States) at or in connection with a
    base or installation ordered to be closed, in whole or in part,
    shall be entitled to the benefits of this section to the same
    extent as an employee employed at or in connection with that base
    or installation.
      (3) All payments to a nonappropriated fund instrumentality
    employee under this section shall be made from the funds available
    to the Secretary of Defense under subsection (d) of this section.
      (4) For purposes of this section:
        (A) The term "nonappropriated fund instrumentality employee"
      means a civilian employee who - 
          (i) is a citizen of the United States; and
          (ii) is paid from nonappropriated funds of Army and Air Force
        Exchange Service, Navy Resale and Services Support Office,
        Marine Corps exchanges, or any other instrumentality of the
        United States under the jurisdiction of the Armed Forces which
        is conducted for the comfort, pleasure, contentment, or
        physical or mental improvement of members of the Armed Forces.

        (B) The term "civilian employee" has the meaning given the term
      "employee" in section 2105(a) of title 5.

-SOURCE-
    (Pub. L. 89-754, title X, Sec. 1013, Nov. 3, 1966, 80 Stat. 1290;
    Pub. L. 91-142, title VI, Sec. 602, Dec. 5, 1969, 83 Stat. 313;
    Pub. L. 91-511, title VI, Sec. 612, Oct. 26, 1970, 84 Stat. 1225;
    Pub. L. 92-545, title VI, Sec. 601, Oct. 25, 1972, 86 Stat. 1150;
    Pub. L. 93-166, title V, Sec. 513(b), Nov. 29, 1973, 87 Stat. 679;
    Pub. L. 100-448, Sec. 11, Sept. 28, 1988, 102 Stat. 1842; Pub. L.
    101-510, div. A, title III, Sec. 331, Nov. 5, 1990, 104 Stat. 1535;
    Pub. L. 102-190, div. B, title XXVIII, Sec. 2823, Dec. 5, 1991, 105
    Stat. 1547; Pub. L. 102-484, div. A, title X, Sec. 1054(i), Oct.
    23, 1992, 106 Stat. 2503; Pub. L. 103-337, div. B, title XXVIII,
    Sec. 2805, Oct. 5, 1994, 108 Stat. 3053.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1594i of this title, referred to in subsec. (d), was
    repealed by Pub. L. 97-214, Sec. 7(3), July 12, 1982, 96 Stat. 173.

-COD-
                               CODIFICATION                           
      Subsecs. (h) and (j) of this section amended section 1715n(a)(8)
    and repealed section 1735h of Title 12, Banks and Banking,
    respectively, with such repealed section being covered by this
    section.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-337 inserted after first sentence
    "The Secretary may also pay a person who elects to receive a cash
    payment under clause (1) of the preceding sentence an amount that
    the Secretary determines appropriate to reimburse the person for
    the costs incurred by the person in the sale of the property if the
    Secretary determines that such payment will benefit the person and
    is in the best interest of the Federal Government."
      1992 - Subsec. (a)(1). Pub. L. 102-484 substituted "member of the
    Armed Forces of the United States" for "serviceman".
      1991 - Subsec. (a)(1). Pub. L. 102-190, Sec. 2823(b)(1)(A), which
    directed the substitution of "member of the Armed Forces of the
    United States" for "servicemen" could not be executed because the
    word "servicemen" did not appear. See 1992 Amendment note above.
      Subsec. (a)(2). Pub. L. 102-190, Sec. 2823(b)(1)(B), inserted
    before semicolon "or, in the case of a member of the Armed Forces
    not assigned to that base or installation at the time of public
    announcement of such closing, will prevent any reassignment of such
    member to the base or installation".
      Subsec. (b). Pub. L. 102-190, Sec. 2823(a), (b)(2), (3),
    substituted pars. (1) to (3) for former introductory provisions and
    pars. (1) to (3); designated first proviso of subsec. (b) as par.
    (4) and substituted "At" for "Provided, That, at", redesignated
    cls. (i) and (ii) as subpars. (A) and (B), respectively, and
    substituted period for colon at end of subpar. (B); and designated
    second proviso of subsec. (b) as par. (5) and substituted "As" for
    "Provided further, That as" and redesignated cls. (i) and (ii) as
    subpars. (A) and (B), respectively. Prior to amendment, former
    introductory provisions and pars. (1) to (3) read as follows: "In
    order to be eligible for the benefits of this section such
    employees or military personnel must be or have been - 
        "(1) assigned to or employed at or in connection with the
      installation or activity at the time of public announcement of
      the closure action, or employed by a nonappropriated fund
      instrumentality operated in connection with such base or
      installation,
        "(2) transferred from such installation or activity, or
      terminated as employees as a result of reduction-in-force, within
      six months prior to public announcement of the closure action, or
        "(3) transferred from the installation or activity on an
      overseas tour unaccompanied by dependents within fifteen months
      prior to public announcement of the closure action:".
      Subsec. (l). Pub. L. 102-190, Sec. 2823(b)(4), substituted
    "subsection (b)(5)" for "the second proviso of subsection (b)".
      1990 - Subsec. (a)(1). Pub. L. 101-510, Sec. 331(1), inserted ",
    a nonappropriated fund instrumentality employee employed at a
    nonappropriated fund instrumentality operated in connection with
    such base or installation," after "limitation)".
      Subsec. (b)(1). Pub. L. 101-510, Sec. 331(2), inserted at end "or
    employed by a nonappropriated fund instrumentality operated in
    connection with such base or installation,".
      Subsec. (k). Pub. L. 101-510, Sec. 331(3), substituted "(n), and
    (o)" for "and (n)".
      Subsec. (o). Pub. L. 101-510, Sec. 331(4), added subsec. (o).
      1988 - Subsec. (k). Pub. L. 100-448, Sec. 11(1), substituted
    "(c), and (n)" for "and (c)".
      Subsec. (n). Pub. L. 100-448, Sec. 11(2), added subsec. (n).
      1973 - Subsec. (m). Pub. L. 93-166 added subsec. (m).
      1972 - Subsec. (d). Pub. L. 92-545 inserted ", except in
    connection with compensation for property located on a base or
    installation pursuant to subsection (j) of this section" to
    provision prohibiting acquisition of properties in foreign
    countries under this section.
      Subsec. (l). Pub. L. 92-545 added subsec. (l).
      1970 - Subsec. (a)(3). Pub. L. 91-511 inserted "or if as the
    result of such action and other similar action in the same area,"
    after "part,".
      Subsec. (k). Pub. L. 91-511 added subsec. (k).
      1969 - Subsec. (c). Pub. L. 91-142, Sec. 602(a), struck out "and
    prior to the one hundred and twentieth day after November 3, 1966,"
    after "installation" in third sentence.
      Subsec. (d). Pub. L. 91-142, Sec. 602(b), excluded acquisition of
    foreign properties under this section.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 612 of Pub. L. 91-511 provided that the amendment made by
    that section is effective Oct. 28, 1969.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-