Basic laws and authorities on housing and community development, revised through January 3, 1978

MISSING IMAGE

Material Information

Title:
Basic laws and authorities on housing and community development, revised through January 3, 1978
Uniform Title:
Laws, etc
Physical Description:
2 v. (vii, 1404, lxxviii p.) : ; 24 cm.
Language:
English
Creator:
United States
United States -- Congress. -- House. -- Committee on Banking, Finance, and Urban Affairs
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Housing -- Law and legislation -- United States   ( lcsh )
Community development -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
Committee on Banking, Finance, and Urban Affairs, House of Representatives, 95th Congress, 2d session.
General Note:
Reuse of record except for individual research requires license from LexisNexis Academic & Library Solutions.
General Note:
At head of title: Committee print.
General Note:
Previous editions published under title: Basic laws and authorities on housing and urban development.
General Note:
CIS Microfiche Accession Numbers: CIS 78 H242-6 (pt.1), CIS 78 H242-7 (pt.2)

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 024727951
oclc - 04931098
Classification:
lcc - KF49
System ID:
AA00025927:00002

Full Text








it .. ":-r : ... .. ..: *



.: ... *: : "/ ~
{COXXTTEEPR]INT]


4 V t* *





BASIC ..LAWS AND. AUTHORITIES ON

t.OUSING AND. COMMUNITY DEVELOPMENT

.. IITEVISED THROUGH JANUARY 3, 1978


e i iy _ __.
,re", -" ;- : .. ..

n *;: ....

COMMITTEE ON BANKING, FINANCE

,,*' ,AND URBAN AFFAIRS
.r H.r HOUSE OF REPRESENTATIVES
,c..A .i r *: .; 4
ri a 95th Congress, 2d Session
:l~ c i ": '' "**:
I:!. 1 : : ,

c oF: pi*::,, .. ...: ..; "
fi p : *. ,. .. ... : --. :,/
|: ,r',llr -,, :,, ,

: ..... .

..............W ... ,jb, ..:


f :k, .i... ... .. m ..
... .



... : .. : .... .





*7! :1'::: ** '"Printed for the use of the
"r.." *r: : : i s ... i -".': :"^ : .. .. .. *











IaA o m/.\ ; .*i- ; Urban Affairs
.i : ext, r: ":" *"" "<^ :; '-' -i """ -:.. s "*F
.A M -h^?': :.!'. ..: : '.' ,*;:. *: :.. :" .... .. .. ,.
.I+- M -:, # +: '.+ : ", *' .' o : ., ....


k. ,0
i;;",i t :,. : l:- .:. ., L *.,.., ** ^ ***l ... "-:f '*






"b theup tedont of Dmen U.S. Government Printing Office
a iakingn, Fa. e Urban Affairs20402
iir .. ...... *.? :.. .. .. . .:. ...F.::.1.t : >: .* .. A
|. 1|. *iii .f .l .': H fe U '9 V iiiii .. .:.. .. *- .:',...**
IF -'m o* :'"': ;: f :;.. .Niii O .*- .. i.-:"s .r*



||il .... M tor the Superntendent of Doemen U.S. Government Printin Office
|Illllli"" Wahl~ntn D.. 20402




I


HN21BT & REU
H "if


THOMAS L3 ASHLEY, Ohio
WILLIAM K MOORHEAD, Penauyhia
FEIRNAND J. ST GERMAIN, Rhode Island
HENRY B. GONZALEZ, Texas
JOSEPH 0. FINISH, New Jersey
FRANK ANNUNZIO, Illinois
JAMES M. HANLBY, New York
PANREJN J. MITCHELL, Maryland
WALTER FAUNTROY,
District of Columbia
STEPHEN L NEALb North Carolima.
JERRY M. PATTERSON, Caiona .
JAMES J. BLSNCHARD, Michigan
CARROLL HUBBAR D, J, Kentucky
JOHN J. LFPAICJ, New York
GLADYS NOON SPELLMAN, Mary"..d
LES AuCOIN, Oregon
PAUL E. TSONGAS, Massachusetts
BUTLER DERRICK, South Carolina
MARK W. HAENNAFORDM California
DAVID W. EVANS, Indiana
CLIFFORD ALLEN, Tennessee
NORMAN KE D'AMOURS, New Hampshire
STANLEY N. LUNDINB, New York
EDWARD W. PATTISON, New York
JOHN J. CAVANAUGH, Nebraska,
MARY ROSE OAKAR. Ohio
JIM MATTOX, Texas
BRUCE F. VENTO, Minneota
DOUG BARNARD, Georgia
WS WATKINS, Oklahoma
ROBERT GARCIA, New York


I. 1)


b4


1. tc t


PAUL NELSON, GClerkf and SLt f Director
MICHAUL P. PLAVEDTY, CoUaeei
GAsT Cw ws II, Gouusel.
MECi L.I JACKsON, Minority Sta Director
GRAHAM T. NoRTHuPr, Deputy Minority Staff Dlfrtor



SUBCOMMITTEE ON HOUSING AND COMMUNITY PZuVuoM t
THOMAS L. ASBlY, Ohio, IrmIIUM
WILLIAM S. MOORHEAD, Pennsylvania .: tiaY BROWN, Mlehlan
FERNAND J. ST GERMAIN, Rhode Island 37.. WILLIAM TANTON, Ohk
HENRY B. GONZALEZ, Texas JOHN H. ROUBSULOT, CTfSwlfm
PARREN J. MITCHELL, Maryland CHALMERS P. WYLIE, O.I
JAMES M. HANLEY, New York STEWART B. MKcKINUYnaee.t
. WALTER E. FAUNTROY, RICHARD KELLY, Floida
District of Columbia CH ARLBES GRAULY.X mw I He
JERRY M. PATTERSON, California THOMAS B. EVANSL J3, De-awa.
JOHN J. LAFALCE, New York
LE8 AuCOIN, Oregon
GLADYS NOON SPELLMAN, Maryland
JAMES J. BLANCHARD, Michigan 1! .
CARROLL HUBBARD, JAm., Kentucky : ilm:m:.
PAUL ). TSONGAS, Masachusetts a '.* m i
MARK W. HANNAFORD, Callfornia .."'" : '
DAVID W. EVANS, Indiana .. .:: ..; '' ..
STANLEY N. LUNDINE, New York*II m mmri. :' m .... mm F:.: m: :: m


S. ... .... .... ...


. .... .. ,,.r.b ... ...


GnALD w. McMtuMiaq1
Bo. C.. FaToom, lhw. Prtot# 1
raA. t blS., nbew..ss 89..f
AIIWAb3TA
*T x* muiimi jl:: *I t il imildl:"..: lE~~E m


1 "IH. ...
Ain .mo, ......
.. 1..
( m* ::mR


*4
-a
1.

41

F
i





4.


.9


a



I





I
.4


41


~A *1 *-~


. : ......." ....


' : u ,-


..:H ." .:.: *.:. 'I-."'!*.
." : .. *..i..**"* :. :: :. :i::' *:* .!. ::Ei: .:
: .* .... .. ......

HOUS ,OMMITTZE ON BAN': -,I N:o: ... .
HOUS COMITTE ON ANKIG, FNANC ANDTTKBN.TiAI r


S.4A35j- EWW M ek .,ma*
1, "l~ it i "h....a ":" ::"-


I"" .::^.. M.........: .. ., ::. :.
CRAtSERS P. WUXA OM.f*
JOHN ROUSSmWLOT, Clllffonla
STUWAXT B. McKsiIUYp hmuflet
GnOne HANSEN, Idaho
HERY HYDE, Dhnoim :|
RICHABD KEVYT, florida
MAILIEN. GRAWLU, Io wa
Jaw.

NWll TSBh.Ei l, lfarylm~
TH&M4S B. EVANL, Jm-, Paw., a
BfrxtWirurokirmTwi
HAROLD C. HOLLENBECK. w Jersey
S. WILLIAM GREEN. Nfltwt
.. :f ** ..) : :-' i T" ..: *:


k:..;


:,ll
"iE











LETTERS OF TRANSMITTAL


MaY 1978.
a
To: All Members of the Committee on Banking, Finance and Urban
Affairss.
I hereby transmit for the use of the Committeeon Banking, Finance,
and Urban Affairs a revised Committee Print entitled, "Basic Laws
and Authorities on Housing and Community Development." This
compilation of laws and authorities is being updated in response to
the numerous requests from Members of Congress and the public. The
revision is made necessary by laws enacted, and numerous Executive
Orders issued, since January 3,1977, the date of our last revision.
The laws, Executive Orders, and other authorities contained in this
Committee Print are those which authorize the functions and activities
of the Department of Housing and Urban Development, or which are
closely related to those functions and activities. They are arranged in
accordance with their subject matter and are divided into the general
categories of "Housing," "Community Development" and other "Gen-
eral Laws Applicable to Housing and Community Development
Activities."
The Committee has been assisted in the preparation of this revised
compilation by the Office of General Counsel in the Department of
Housing and Urban Development. As in past years, the excellent tech-
nical assistance provided by this Office has proved invaluable.
Sincerely,
H -NRY S. Rauss, Chairman.

MAY 1978.
Hon. HkwxY S. REUss,
Chai Odrman, Gomittee on Banking, Finance and Urban Affairs, U.S.
HoWe of Repreentaties, Washington, D.C.
DAR Mu. CnAx&AN: Transmitted herewith for your consideration
i an extensive revision of the Committee publication "Basic Laws and
Authorities on Housing and Community Development."
Due to the increase volume and the rapidly changing nature of
laws and authorities relating to housing and community development,
periodic revisions of this compilation of "Basic Laws" is necessary.
Jn t this revise compilation, I would like to acknowl-
stg the exclent assistance in its preparation we received from the
Mice of General Cousl, Department of Housing and Urban Devel-
q nnt.
Sincerely, ... 19
.. '7. THoxMs L. ASHLEY, Chairman
Subcommittee on Housing and
Oo. i :.w.nity Development.
cm)






























.:j. .:
4!


ii






4~'.9. ~. 4. S ''19




I 4
*">


h~.
4, p4


4


(9


'4.




.4.'


4, 1.
.4







~ 99'

r "S
A,.

4'.


.:4



9*


:4


*: :1 :. .


i". 9- *
4 4.4


In
.4 .4 isIs 44'~


9' 5' 1








I



I
p ~ Ii'
.1


1'
3:

'4 4
''*1




"7 'Vy *


* .5 4 *4. -
~1 I 7,4144




~~'1 ~btJj I
IrS


.4 'S


'I ..,


',.
!! !: iiii : ii" .
y ": ii! iiiii i ... *









+:<

I ,
.1 I


1- ,P. .i.


l.. .: ...CONTENTS

CONTENTS


Part I---Basic Laws and Authorities on Housing
National Housing goals and reports...
SDepartment of HUD-General policy directives -----------
.. Local housing assistance plans-fund allocation ...
Employment of lower income persons
.:i., T transfer of certain 221(d)(3) and 202 mortgages to 236 program--
.-. Sale of surplus Federal land for housing
; : Congressional Budget and Impoundment Control Act---------
{.v Joint Funding Simplification Act__
<.d Council for Urban Affairs----------------------------
Department of Housing and Urban Development Independent
Agencies Appropriation Act, 1978-------
"; Supplemental Appropriations Act, 1977.-----------
Appropriation Act-1975-------------------------------
Supplemental Appropriations-1975 ----------------,------
Appropriation Act-1974
; Agriculture-Environmental and Consumer Protection Appropria-
*" tion Act-Excerpts--1974_
+ Appropriations-Rent Supplement-1973 ...
,' Appropriations-Disaster Assistance--1973-----------------
^ Appropriations-Revolving Fund-1955 --------------
.. Appropriations Act-1977-----------------
: Appropriations Act-Emergency Homeowners Relief-1976-----
f Supplemental Appropriations-1976_..........
SMiscellaneous administrative provisions-HUD----- ---------
It! Advisory committees--------------- -------------
S." Civil defense-vulnerability to attack--- ---------------
.1 Jointly funded projects.------------------------------
S .. Byrd amendment-HUD contracts............
r' President's functions delegated to HUD-------------------
Special Assistant for Cooperative Housing---------
Strikes by HUD employees----------------------------
j Vacancy in Office of Secretary---------------------------
P, Handicapped-accessibility to buildings ---------------
S' Assigning emergency preparedness functions----------------
+ Federal Coordinating Council for Science, Engineering, and Tech-
,: +, nology-----------------------------
S .: .. Delegation of Presidential functions ..-----------------
Coordination of Federal urban programs --
National Institute of Building Sciences- ---------------
SNational Housing Act-HUD---------- -----.-----------------
: .i! .. Housing renovation and .modernization-title I-------------
t, Mortgage insurance-title II_,l.
Miscellaneous-title V-------------------------------------
War housing insurance-title VI--------------------
Insurance for investment in rental housing-title VII -------
*. .... Armed services housing-title VIII------- ------------
|. |! ~National defense housing-title IX -,..:.-..._
I.. .. Mortgage insurance for land development-title X---------
I .+ Mortgage insurance for group practice facilitiesa-title XI-----
i,'. FHA and VA interest rates----------------------------
I j??.p Rehabilitation Act of 1973___.-.___ -----
1, Commission on mortgage interest rates -----------
.40 Righto
|0il Ri~ h of redemption----------------------------------
MO: Builders warranty .--..
L om tasEquity skimmming-td -------
.... Closing of military bases-mortgage defauts._--.. --------
"iiiiiii.. .L ...X
3 )TO I. ..1. .. ...


Page
1
7
17
19
22
23
25
71
77

79
87
90
96
99

105
105
105
106
108
114
123
128
130
130
131
132
133
135
135
136
137
139

142
143
144
147
153
153
164
286
297
314
322
335
343
349
355
358
361
361
362
363
363






VI

Part I-Basic Laws and Authorities on Housing-Continued pop
Low rent public housing-HUD_ ---------------367
Other HUD housing assistance programs---- --------425
Emergency homeowners relief-------------- 425
Housing for the elderly------------------- 433
College housing------------------------- 441
Rehabilitation loans------------------- 451
Rent supplements-------4--------- 455
Urban homesteading----------------------------------- --461
Assistance for housing in Alaska--- ----- -------- 463
Public housing-territories- ..--- ------- -------.-*---*-- 45
Research, studies, demonstrations ador energyU-._. .r __ 473
Counseling--------- -------------- -- --. 4,*. ,503
Training and technical assistance .. ..4. 515
Prototype costs_ --, _----.t.. 519
International housing... 2- -....--.- 523
State housing and development agencies--_ ._... .._ 529
HUD Programs Regulating Housing__--_--_------------- 533
Fair housing -----------------------------*.-- 533
Interstate land sales--------------- .... 551
Real estate settlement---.-.- __-- 563
Mobile home construction and safety standards _-l ... 575
Secondary market for mortgage loans --'-,--- -... ... 593
Federal National Mortgage Association-FNMA_-------- 602
Government National Mortgage AssociaLtion-GNMA_ G. o o 606
Federal Home Loan Mortgage Corporation-PFHLMC.__.1__- 628
Participation sales-------------------------- ---- 636
Interest rates-Federal-State conflict------_--- --.....__ 641
Rural, defense and veterans housing programs -- 643
Department of Agriculture-FmHA_------- '- 643
Department of Defense .. ----------- ___ 677
Veterans' Administration-_ -- ------- --- ----- 689
National financial institutions------------------------- 714
Department of Treasury-home purchase tax credit ------. 714
Investment powers --------------------- ------. 719
Federal Home Loan Bank- --------------------------- 731
Federal savings and loan associations ----------------- 743
Federal financing bank-- --------- --,--- 765
National housing partnerships--------------.---- ..--. 773
Federal Reserve-Mortgage Disclosure---.--------. -__- 778
Index----- .-.--------------------------------- (i)
Part II-Basic Laws and Authorities on Community Developmefnt:
Growth policy and planning---------------- ----783
New .communities--------- ---------- ------ 783
Intergovernmental Cooperation Act .---------_ --- 805
0MB Circular A-95_ ----------- -----..- 817
0MB Circular A-85---------------------- 843
0MB Circular A-97------------ --- .-- 847
Coastal Zone Management Act' 5 851
Comprehensive planning-section 7 61-- ------881
Clean air amendments_ j "...S .A 889
Water Pollution Control Act ----------------- 895
Excerpt from Department of Energy Act----------.-- -901
Excerpts from Energy Conservation and Production Act -----'- 901
Planned areawide development-- ------------------. 929
Urban mass transportation-planning -------.--.... .937
Community development assistance programs-HUD- ---_ -- --949
Community development block grants -_- L-- _949
National Commission on Neighborhoods- ---------- 986
Community Reinvestment---------------.. 985
,5 .. ... -1..', : .
Small cities study---- ---..-.....rr "
Urban renewal----- --------.. ----.... 991
Public works planning advances. '- 1089
Public facilities loans------------ -.-- .i. -!.- 1043
Public facilities grants.....---------------* B|"- 1049
Model cities---------- -- -------- -6
Open space and urban beautification--. ------.- -- i.. 108
Historic preservation. .-J...._. ...--. .... 1071
Lead-Based Paint Poisoning Prevention Act------------ 1081
Property disposal-Los Alamos----------------- 10






VII


Part II-Basic Laws and Authorities on Community Development-Con. Page
Community development insurance programs-H UD--------------- 1113
Property and crime insurance--_---------------_ 1113
Flood insurance---------------------------------------- 1131
Rural and other non-H UD community development programs ----- 1163
Consolidated Farmers Home Administration----_ ---- 1163
Rural Development Act- ------------------ 1189
Headstart, Action and Community Economic Development ----- 1197
S: Regional action planning commissions-- --- ----_ 1207
Appalachian Regional Development------------------------- 1213
Federal Advisory Council on Economic Development ----------- 1215
Part III-General Laws Applicable to Housing and Community Reloca-
tion Assistance---------------------------------------------- 1221
Civil rights--_-------- ----------------- ---- 1251
Nationalpolicyfor the environment---------------------------- 1271
.. iasterassistance---------- -------------------------------1303
Participation in Presidential and national committees ---------------1361
Glossary-------------------------------- 1399
Index----------- -------------- ----------- (i)























A 1







*:. !. ,






:..; n...

"::::: : ...
*:. ., ..
.: ":" ""
:::-:
f .i" E


: ";*::m f.. -:













I. p., p.

a :'" p,,*b ~)
1~~* I





J

.1*







p. *







.1
II

i 1*
I

'p.


4..






Iii .i :




:: :i ..






".t 4 10


S .. .: .
: ; *,* 9* 1. *
.; 701

PART 1I: BASIC LAWS AND AUTHORITIES
ON COMMUNITY DEVELOPMENT
.:. .. : ." .
NEW COMMUNITIES
,..,'ii. i .' '" ,
EXCERPTS FROM HOUSING AND URBAN DEVELOPMENT ACT OF 1970

0* [Public Lw 91-09, "4 Stat. 1791; 42 U.S.C. 4501]
TITI'Z TI-NATIONAL URBAN POLICY AND NEW
COMMUNITY DEVELOPMENT
.,. **, CO M N T *>* *

.-HORT. TITLE AND STATEMENT OF PURPOSE
4 .3E6 "Q1. t() This title may be cited as "National Urban Policy2
i4 New Community Development Act of 1970".
tJi6,)?XIt i the policy of the Congress and the purpose of this title to
provide for the development of a national urban policy and to encour-
age the rational,"orderly, efficient, and economic growth, development,
and, redevelopment of our States, metropolitan areas, cities, counties,
towns, and communities in predominantly rural areas which demon-
str.si:&p~cial potential for accelerated growth; to encourage the
p en.. 'use and conservation of energy and our natural resources;
9h.tIcburage anid support development which will assure our
pn tiesitd ad their residentA of adequate tax bases, community
sw4 j'Qob ogportnifties, and good hotising ini well-balanced neigh-
s, socially, economically, and physically attractive living
; ,..,ti. "( : '. .,* ', ". .. .. Y ".,

?PAm A-DVELO MENT OF A NATIONAL URBAN POLICY '

.. .INOGS AND DECLARATION OFr POLICY
... ,4, ." ... f .. ,,, ,," iN OF P O LI .
'Szc''. (a')' TheiCengress fiids that rapid changes in patterns of
*b ettlement, including change in population distribution and eco-
hmc basb iurb. 'areas, have :eieated anl imbalance between the
Nti's 'needs and Tresources aMd seriously threaten our physical and
soaul environment, and the financial viability of our cities; and that
;! : ': ..i 'tr --; .- ... ..* .. : .. .. ;... .
h," 6614 4)f -the Horhagf and onihublty bjevelopment Act .of 1977. Public Law
... S.. approved October 12, 1977. amended Title VII bvy deleting "URBAN GROWTH"
rtogn lieu thereof "NATIONAL URBAN POLICY"'.
i'..BOl k6'f i tbe ousin g and ommtruattY Development Act of 1977, Public Law
^HB f..IS October.12 197,7. aeeSed sbhseqtlou (a) by striking out "Urban
a 'll.'^tad laer~tin la leui..tlere.f,.*atlenftlt..rban Policy". .
... 01(a) of the Housing and Community Development Act of 1977, Public Law
S-SSforayed Ocoerl i.2 9T7, amended subsection (b) as set forth in the text.
WB 1 W (e) of the 1Houasne and Community DeveloDment Act of 1977, Public Law
4msuPet7. pCart A. by deepting "Growth"
.....'u..... Co.r.w. t. Development Act of 1977, Public Law
~ .ot ,, Zt :'."-o
,......,,.s Oomer. e, ja;.s .... d section 702 (t) a set forth in the text..

li .:" .
4, 783





NEW COMMUNITIES


the economic and social development of the Nation, the proper con-
servation of our energy and other natural resources, and the achieve-
ment of satisfactory living standards depend upon the sound, orderly,
and more balanced development of all areas of the Nation.
(b)1 The Congress further finds that Federal programs affect the
loeatioiA of populati caW..c gro ..th .n$i.l acl V Wa
development; that s .cl prgpps requntly anIict ..d result mn
undesirable and costly patterns e urbaH develOpenetd ehfr velop-
ment which adversely affect the environment and wastefully use
energy and other natural resnr& ;in thai.t listing and future pro-
grams must be interrelated and coordinated within a system of orderly
development and established priorities couitent wit U.A nai
urban policy.
(c) To promote the general welfare hn t popetly apply the re-
sources qf the Federal Governmentin strenghening the economic and
social health of all areas of the Nation a.nd, ore adequately protect
the physical environment and conserve energy and other natural re-
sources, the Congress declares that the Federal Government, consistent
with the responsibilities of State and local govermentfand the private
sector, must assume responsibility for the development of a national
urban policy which shall incorporate social, econoraic, anid other appro-
priate factors. Such policy shall serve as a guide in ang specific
decisions at the national level which affect the pattern of iiufbaa devel-
opment and redevelopment and shall provide & `ramdwork for devI-
opment of interstate, State, and local urban policy.2
(d)3 The Congress further declares that the, national urban." policy.
should-
(1) favor patterns of urbanization and economic dtlop _ent
and stabilization which offer a range of alternative locations and
encourage the wise and balanced use of physical and huan -
sources m metropolitan and urban region as,well .as in t" r
urban laces which have a potential for accelerated growth'
(2) foster the continued economic strength of Ill part o t
United States, including central cities, suburbs, male ot-
munities, local neighborhoods, and rural areas;I, .
(3)3 encourage patterns of development and redevelopment
which minimize disparities among States,. regions, and cities;
(4) treat comprehensively the problems of poverty and am-
ployment (including the erosion of tax baes, 4adthtaeedlr
better community services and job oppbrtunitep) wic.: a 4-
ciated with disorderly urbanization and rural d e.. ,,
(5) develop means to encourage good J.ousi Mow..,4
cans without regard to race or creed; ig i i,
(6) refine the role of the Federal Government in rtzng
existing communities and encouraging plan-e, ars aaa
and new community development ,4i i''.. :..:.
(7) strengthen th. capacity ..1 g.. g! .:I. isi
tions to contribute to b la ,nc1FRedua. d
and .. ..... '
.. .. ** : iM -:,,"* '.-aj iftfl u.i w.. ..*ill ** -v r" -m :.:'.....
*. .* .. ". **- ,i .T .N ?-.t .. ( ,. r i" i r -i ^ .. ,, i : .....*i::,,,
"" 11 .. .- : :.. *-. .., ? i. *;,if' l ,. h-, t. El : : Hi : '," l .i .. ,,! .,, ,. .W


Sec. 601 (b) of the ousimn and Cc
95-128, Dpproved Octobe 127117. UWW
See. 601i () (3) of the Honuih edc
October 12. 1977 amended section 702(i
SSee. 601(b)(4) of the Housing and
95-128, approved October 12, 1977, am
read as set forth In the text


k la the text. --
mat Act of 1TT. fat Ue Iaw
(4), (d)(8),(a)a (a)(8) to


784


1702


I






NEW COLUNITIEBM0


7 -(: 6 )1 iacitta increased coordination in the administration of
SFedelahpograms sq as to encourage desirable patterns of urban
7 M r develpma t and redevelopment, encourage the prudent use. of
S r energy and other natural resources, and protect.-the physical
environment.
& -: .A, 2 "
k
NATIONAL URBAN POLICY REPORT 2
SEGP., 7013,0 (a) The 4President shall tranmnit to the Congress during
BtiU 197Br, and during February of every even-numbered year
tfheieafr, a Report on National Urban Policy which shall contribute
il ntipn of such .a policy and in, addition shall include-
^.*m :, informationi, statistics, *nd significant trends relating to the
j4I#Ern0t1 uru a uveYiopment tor tne preceding two years
*,,WITf a summary significant problems facing the United States
: iaIlu.p resu4 of .urban trends and developments affecting. the well-
,jeiagpof urbanarea 4 ,
,*,& (jB) an. examination of the housing and related community
J:; ^enlopmept problems experienced )y cities undergoing a growth
-iati whiehequs or exceeds ie nations average;
,wr a^ .a evaluation of thie progress ancL.effeciveness of-Federal
,s4ffprtka igned.,-to meet such problems and to carry out the
ifat lonP. wb4 policy; .
4 45 X. .p assues-nant.of the policies and structure of existing and
1y p osinrstate planning and developments affecting such
,jphy;.: ,psy^. ,
V^ i"'}5. review of State, local, and private policies, plans, and
1t .: PXrhrams miervantto sapch,.plicy;
,i; ( 'wtlwtt and pforeseeable.needs in tlhe areas served by poll-
Si pj e plesj mad programs designed to carry out such policy, and
.:A.4aps vei ,ng taken to neet such needs; and
.rrv A8)" woumendations for programs and policies for carrying
A11,,i.4inwh Ol.7 lod iii olidgsuch legislation and administrative
;),eo n a may be deemed necessary and desirable.
h i ~~EPmtcWit may transmit from time to time to the Congress
supplezetary reports on urban growth which shall include such sup-
enary *xd meisd recommendations at may be appropriate.
*- 11111t1iithin preparation oftth& National Urban Policy Re-
S ilftyS may supplementary reports, the, President may establish an
wyM hoard,:or seek tlm advice fomtime to time of temporary ad-
iierI' boards, the members el holn' shall be drawn from among

0)i046f @ 1) ofe k tthe. i Rudnu and: CoikNtv DTevelopmebt Adt of I77;. Public Law
M. 9;s (8) 'TP(8) to
SBS'^^ro~~~y~l ~t13, ^W' a hi-:0p\bs .o l7 (d),<)? and. (d)8)t
MW. nm'4ou WA( lo) brbet itim the section hedfnie which read
wTfiSoW ~and inserting in lieu tiereof "NATIONAL URBAN
I R 9:9 aai also -by deltint t'he1 material prceddIng parwtraph (1) of sub-
B. .. ISM$ts Wla^Vi s et fofhb ;4he tmxt. '
11e' eil ^K f Ai Public Law
'Sfh....ht~e@.&ctton TO l)t I em6 f arnet forth In
R:= :",roo Han Y I -to ed as set.forth In
t "tlittnmttid iCmiinttyj Development Act of 197-. PUblic Law
.... ....,et Ad wth" a o the t Mbsn WM. ...,and inserted,
btoe thp psmicolon tt the 'nd of paragraph (2).
Iro.:: ue nt *Att<1f 417.' Publc-:. liw
II ..... QA ireeftton 708(a) by Inserting a new para-
i ree gnating paragraphs (3) through (7) as paragraphs (4) through
Ill. ,' s f ft r a t i s 'Z ::"+ +, +'.* ... ** + +'s :ii > <;,.+ : ;" .i .., .. : "".
1+t::.. +::::::'. ::.::... '. + j' ....
S t r ii|:::t: r: 1 i :. '+ f" inO Cv. L
tttttt s::::: .: F J l
Kf OU
...EEEE .. .. :....
795


5 70s





5710NEW


private citizens familiar with the problems of urban aeid frmn
among Federal officials, Governmors ob States, mayors, ouiy tis,
members of State and local legislative .wbiEandothes a to
assist in the preparation of such reports.: X : "
PART B-DEVELOPXENT OP NEw COMMUxrn .
P33MINGS AND VFZMOS
SEC. 710. (a) The Congtess finds that thil Ntion is lke eperi-
ence during the remaming years of this ttIry a ppution cream
of about seventy-five million persons. i
(b) The Congress further finds that eofitinuationi'of e6blibaed
patterns of urban development, together with the anticipated increase
in population, will result in (1) inefficient and. wastefl bse of 1d rI -
sources which are of national economic and environmental importance;
(2) destruction of irreplaceable natural and recreational 'itrees
and increasing pollution of air and water; (3) diminished opportunity
for the private homebuilding industry to operate at its highest
potential capacity in providing good housing needed to serve the ex-
panding population and to replace substandard housing; (4)' costly
and inefficient public facilities and services at all levels of govern-
ment; (5) unduly limited options for many of Our:pe.gkiB s Ito *here
they may live, and the types of housing and envirtnibM'it ir which
they may live; (6) failure to make the most ecnmiic ile of i6` esent
and potential resources of many of the Nation's Atnaller 'dties and
towns, including those in rural and economically depressed areas,
and decreasing employment and business and opportunities for their
residents; (7) further lessening of employment and' :b uwo'fl por-
tunities for the residents of central cities and of the' ability of Msuch
cities to retain a tax base adequate to support vital eriewfir a their
citizens, particularly the poor and disadvantagedlr(8) furthlppir a-
tion of people within the metropolitan areas by incomensld by race;
(9) further increases in the distances between the places wheeptople
live and where they work and find recreation; and (10) itentfd cost
and decreased effectiveness of public and private facilities for irban
transportation. 3 -,
(c) The Congress further finds that better patterns ofttbftnev::m1
opment and revitalization are essential to accommodate ftr ppula-
tion growth; to prevent further deterioration of the Nastio'nS ydl
and social environment; and:to make positivecontribuati todwtr-
ing the overall quality of life within thd Nation. .*= ..... .. ....."
(d) The Congress further finds that the national welfas wules
the encouragement of well-planned, diversified, and ecomily
sound new communities, including major additibaMIt..
munities, as one of several essential elennts ofts.|.
program for bettering patterns of develokmiezit iha
(e) The Congress further finds thtt desirablf.lf.i. '.
opment on a significant national scale hewbem pTOvc
in (1) obtaining adequate financing at moderate.acox r
which involve large initial capital inivest"meit; ,
investment can be returned, and irregular jatr
,, ..... .. ....
'Sv. 601(c) of the HonMAIinr nnd Community DevpiopmeatA 1t 4* Plrv
95-128. approved October 12, 1977, amsaded aeeta 70r to mred B:tStt& tWit S


788


1710





NMW COMMUNITIES


timely assembly of uffiiently large sites in economically favorable
looati6 atreasonAble cost; and (31) making necessary arrangements,
ltrong t ll'.vate and public organizations involved, for providing
iteand lktedmriprovemets includingg streets, sewer and water
facilities, andti other public ad immunity facilities) in a timely and
cootdimated tanner.
'1(m) mtmig, therefore; the purpose of this part to provide private
developsIand State and local public bodies and agencies (including
regi~n&l v metropolitan public bodies and agencies) with financial
WidodtherItueiii dne necessary f.or encouraging the orderly develop-
rdit of whell-pla.n.ed, diversified, and economically sound new com-
(htItitf.. Including major ,-dditiins to existing communities, and to
fot* 4.nannet which will rely to the maximum extent on private
nt.riser trengthen the capacity of State and local governments to
dtt ithiocal problems;. preserve and enhance both the natural and
ttban eironment; increase for all persons particularly members of
minority groups, the available choices of locations for living and
rng,t providing a more just economic and social environ-
tenta; eucorurge the foglestutilition of the economic potential of
vekdroeatmtities%'Stnaller towns, and rural communities ; assist in the
efidie.t produttioir of a steady supply of residential, commercial, and
bdustris. building sites at reasonable cost; increase the capability
Sjf ail;l gments of the home-building industry, including both small
iad large producers, to utilize improved technology in producing the
lpg vohluineof well-designed, inexpensive housing needed to acconi-
aodeS population growth;.: help create neighborhoods designed for
* teae lwtween the places where people live and the places where
tr mmbrm and Ibdd recreation; and encourage desirable innovation in
blgldombak problems whether physical, economic, or social. It
^ ^ l^ so. of thispart to improve the organizational capacity
o s Ofe Feera Government to carry out programs of assistance for
dtirIelopi t of new communities and the revitalization of the
liutia titan ntes.t
,DUFIITIONS

JSic. fiAsti~d fi tiaataasri ri.
."A"Is ten.rm nw community development program" means a
i.td n l to result in a newly built community or a
ttiot0 tddidn 'an existing community and which meets the eligi-
standards sIettotli Ins
"iterm. vitane p$t new community developer" means any pri-
tllotae ml mO' I foif satis~ctory6 to the Secretary for car-
qiit one or more ;ew comminrty development programs.
1 t m State lnd d4 lopment agency" means any State
du^iblie body o- ragencll lauthority to act as developer in
*a!^^ or more netw & nunxity dvelo.pmerTt programs.m
^4|.Tieterm "State" means axijl Slate "of dtM united' States, the
pmpnwelth of Pupto Rico, any terry.
J t ofxtgrwnised States, or any agency or i aStrumen-


Sm or two omn ttae, or a comlbination of such bodies
i 11 Wk ...7"i~ ~ f. il:!~ i i9 i ii : i ~ @ .',


787


.711





1712


(f) The term 'land development mens the procotl,4
and grading land, _king staying r i
water apply installations, swerlinee and Mi:
stallat team, gas, andi
streets, curbs, guttes, awaaksOumnig iuiags iait CISi!
or neighborhood central heating or air-conditioni ng 4intd
other instajlationslor work whether on o the Witewhi tI-
tary deems necessary or desirale t .prepare laud f ,ni ",.eO
inercial, industrial, or other U 308t to tovide flawilitiewfer p ...or
comonan use. The term de6opment"[in4ue Mausutwucto
public facilities, but does aot inclt thefntratiafl Av
building:it is (1$ nedsd i ic with a water Buppl o4
sewage or waste disposati iniialltioiS asuinity ojwaimiPOPI
central heating or air-conditionis gtnl rte ,
line or installation, or(2) is to be ow:ap aunt
of the new community under joint or:ove jwn atne
proved b the Secretary. t. e ,c, c&. pi;: w r
(g) The term "nca li, mi t(e t r.
or discounts) incurred by a new comfnty teVloperjn easgyautt
the land development assisted under this" Act Ti socti ar. i e
amounts paid for labor, materials, construction o ont .cta, land p..
nmg engineers' and architect's fees, surveys, taxes S&Z._*SIUIIC
development, organizational and legal xpensss, such lontitmao_
gen eral overhead expenses as ar acceptable to the eary, bad
other items of expense incidental to development whichiotyib
proved by the Secretary. If the Secretary dtenmes ta the is
an identity of interest between the developer and a.onta m', re
may be included as a part of actual cost an allowa fosii the ca-
tractor's profit or risk an amount deemed reasonable by the Secertary.
(h)The term "Secretary" means t .he Secretay s.::.Iai
Urban Development .. :'. i .
(i) The term "New Community Development Oorpe i" .el
the corporation established within the Depaprtmfen ofJ- byg.. i.4
Urban Development under section 729,. .


SEC. 712. (a) A new community
for assistance under this part only
the program (or the new community:
(1) will provide an alternmat
helping preserve or enhance des
urban environment or so mpro'
tions in establi4ed commumti
from exci tie or rural ,e
(2) wil economiiaflxlb
or poteatW
______7__________________._.....


j .: .1 .
E LIG;IBIE NEW COMMN -Big, tey +k n _
... .. '". ." T E


. ,- -- .-. :.1 ..z zJi


6.
1 8 + ,.. ... .. ,*, .'r ... .
f l S tW:n, :. "** ., .. .,,. .. *, a -;,.,. ., t,. t.. .i .

.: .. ...... i:! *. .: "y 1 r *: :' *: .' i :'
L, F.: 1ttam4 4W


Y. L G. E
.. ; -n,


Tog


.NEW


'Iao~B


I




-NE.W O MUnITIES


.. ,., ,.. i. i co tuibute to tUep .eJfsfaB of the entire area which will
kp.^*J4Mat~y .iftec^ed41ji the Program, and of which theland
..,.: .ri ^ e h.... :*..:: f.**: .. .... .... ; _>*., .. .. '... ...+ .. .. i h g a n f.wh c l,! n
,ri I,,s(qpnsistent w.b co., prehensive planning, physical and
W ;, uhteqni u94 by,thagecretary to provide an adequate basis
,o #./QI, r yvjjaI g, tfl4 new eomupmnity development program in
relation. to other plans (including State3oca1,. and private plans)
aI,4 aiesi inwvalyg area -population, housing and develop-
*r ....zn1t ren g ;Andtsfportaiton,: atqjr, swerarge, open space,
.,rpcry oatiALAn4 other reretnt fac4iities; ..
.,..."#)' j..s- rv a ll .g ver ntal. reviewS apd approvals
.. i'. i bSate or loca..l Jaw, or $y.the Secretary;
Ad | r etoo livbngwpndoions in the community,
t 84.S oo) W immunity willb c iharacteized by. well balanced
tRtteaID hnd wil include or be servedby
tI M*iC c1mnunty, and commerc.dal facilities (including
S.eede4e.fr 4ucatzoi, health and social services, recrea-
o in, an .transportati6) deemed satisfactory y.the Secretary;
'u t dZ) su uIt,,tial,.yisiQYn for hoipig wtbin the means
s -I .IF. gwt
a-Arna 44 a nQL ferate iOicome and thatauch .housing will
itl.ute.an appropriate proportion vf the Qopmmulity's housing
: iffli, .B'g ,.: .-,,.;^ *Ag .., ,, ,. ... ...- ,: _..... .. : ,, ,_
iN. kcaaae nw uin dsin and teeb-
noloy .ii, respej* to rl(id.utilizatjn, materials and methods
of construction, and the provision of community facilities and
services.
4h) A new community development program approved for assist-
jaqr~~Al tjipart aJl b.. undertaken by a private new community
I pW iS .. atte 1a4 development agency approved by the Secre-
I.P..btsims. of, tinmial, teehnical. and administrative ability
.. d otrates capacity to carry out the program with reasonable
psf it$ cowpletiqn.
.$ ;-' ".i :!tQ A !t .t ,, G AJ RANTSES .
" 4AW.4. .. T.. '" t ".. through h the New Community" "
tM .3,n -a.i Th, Sertry (acting through the New Community


j~pfpqtm9 R).IS utuhosedrto guarantee, and enter into
gj Atwtee,the bonds, dbentures, notes, and other
B MY # F3Ul behalf of privatee new community de-
.',a.d ..developme..nt agencies for the purpose of
Property aqtisition and land development and to com-
iutepf. real property or.th removal of liens or encum-
.i..pi. er. vpuruan t to the new community develop-
3 approved bY.w ..Seretary., The Secretar. may make
* nd iiter Into such comnlitment upon such terms
A.e. ay presbe onsiitent with thelimitations and
Ie .4ion, ..except that no, obligation of any
Dn astll be guaranteed under this section
Me^n" h gl .is exemptfrom .Federal taxation.
la4utlizm to mtn gnts to any State lad develop-
...hl p c.f hid. are guannteed undor this sec-
q,3tf t to 80 pft notum of the-interest paid on such
L' .Y t* i .... .. L;. ;I ":: ..... "'*
.- .. ...


huaaqt mtinu blis91
Att#aa kLw 0-383,
Ilkrm


,z89


__^_^^___J,_-


718





NEW 'O1w mosufMS


(b) The fMll faith and credit of the Unite4 Ktkte iblektothe
payment. of all guarantees made umbr'ti't. t -,q*to
principal, interest, and any redemption iitlpit Ay.'....
tee made by the Secretary shall besiveo tel-
bility of the obligation for ih guarmtet th* vli t AnY
arantee. so. made shall be incontestable min e oW&ff i .,i..ek 40
the guaranteed obligatin "'* i".4
(c) The outstanding bonds debentures, iotsw or th*
gaanteed under this section with rape to a single mu-
nity development programshall involve a principal oblitio: in an
amount (1) i` the case of a State land development apntynot exceed-
in 100 per centum of the sum of the Secrta estdimuateof the
value of the real property before development, and his estimate of the
actual cost of the land development, or (2) in: the ea of 4r.t..ae
new community developer, .otexceed the sum.8G n pennrt
of the Secretary's estimate of the value t the real pro1W before
development and 90 per centum of his estimate of the atua Sat of
the land development. .......
(d) The outstanding principal obligations guaranteed m dr this
section with respect to a single new community developma:program
shall at no time exceed $.50,000000 S. ; .
(e) The agregate of the outstanding principal oblgati. trsn-
teed under this section shAll at 0oe time exceed $QQc)iOO%. which
amount shall be increased by $195;500$000 on July 1,19. ? ..
... ... .. '. ..... .. ... ... : ..; +,.:. : ... 1 5 .. ..
LOANS '
SEc. 714. (a) The Secretary (acting through the New Comsnmntl y
Development Cbrporporation) is authorized, su b .o'toC 'ti
and conditions contained in section 716, to make and enterW e..gr-
ments to make loans to or on behalf of private new' common ity de-
velopers and State land development agencies for the p+fla *
assisting them to make interest payments on indebtedness incurred by
them to finance new community development programs approved by
him. Loans under this section shall be in amounts which do not =ed
the amount of interest the Secretary estimates l i yaiie n" iebte&-
ness attributable to land acquisition or land"dAeve enteid $haWt
made only with respect to interest payments on indebtatt aSlid
ing during an initial development period (not to eresdAfst mR)
which the Sere-tary estimates to be prior to tt ti Nhet Tad
.................. .7.. -f...
marketing activity is of sufficient volume to pemdt ecuutix &
meant under the new community develotpm t prettam fluu
benefit of further loans under this section. i. : +
(b) The Secretary shall require that loans under thfr uib
be repaid, with interest and on terms and eonditionls.. .. .
him, commencing at such time as development a
ing under the new community developmmnt' ..ogpi .
repayment, but not later than fifteen years after .the l
is made. Such loan. shall bear interest atnaera peJS
Mary which shall no.t be leas than a ntdtflJ ...iaeW
of the Treasury taking into consideration th e iS
yield on outstanding marketable ob o .ft
:: :! :E "iiEE 4" i"" H: ." ..
Sftaot OfPuble T Law9.-Y, 9 -11, S.II ...
uaaaoa wb sissoe noeo n I ,V179, 0


1714





l CvMMUN1TES


remaining periods to maturity comparable to the average maturities
of such loans,plus one-eighth of 1 per centum.
,d) Tlprnnlpal amount of the loans outstanding at any time
9jhnr this bectTW with rcepectto a single new community develop-
Wit*6d2WMshafl lit 'exceed'$2,0000,00. ......
7: (') T4 a.'geregtte principal amount of th. loans outstanding under
lP.jn!?laLMU at yo time exceed $240,00b0, .
tJBrC SERVICE GRANTS
f '. *u j .]7 : *. .: . -'. -*. "

Sje;..i71 i. In addition to providing assistance under the p'receding sec-
MAtibWh"Seetary (acting through the New Community Development
flWhati many make public servicegits (in steh -amnoiits and
trsch "terms and 'conditions as he deems approprite) to a State
a'it&10elopmient gen. 6r to the State or 'local public body having
SIUM-1L' f or providing the services involved to cover the cost of
I. aflnin in mtml period (not exceeding three years) essen-
F_ fibUMe services (iincluding'educational, health, and safety services)
'' tHe Soretaryv deemh necessary adequately to serve the needs of
t'Mdet -ts of th "'development .rior to completion of permanent
:tiWt "ittS for the provision of such' services. There are authorized
14 pVb ted sudh'sums asi may be necessary to carry out the
llii .. fi'i *. .. r' I .. 1 .... t .... *' .- .. *
pyppossutMI sectioon.
? ,.. i
,t'-..^ Im TMATIOIS ON GUARANTEES AND LOANS
*M f .7 : .. .
c.o 7168. (a) No guarantee or loan shall be made under this part
nIMMthe Secretary has determinedthat the new community develop-
MWVi program presents an acceptable financial risk to the United
ei, taking into coneidexation (1) the financial and security inter-
f 0f tlihe Utited States;inclnding the manner in which the developer
tlW Rintnce and schedule land acquisition, land development,
tan mftting, aud (2), the public purposes of this part and the spe-
41l problems involved'in financing new communities,;inceluding (i)
: lirgea ar int of initial capital required to finance sound new
WMAEies, (i(. t*6 extended period before initial returns can be
MlPdkandxdiii) the irregular pattern of cash returns characteristic
MLEM.0tof developnwnt.s,
3lftfl) e SereSiry dItl take suchsteps as he considers reasonable to
ittat bonds, debentures, notes, and other obligations guaranteed,
t I epetID! t Which interest loans are made, under this part will-
(1) be issued to investors approved by, or meeting require-
ments prescribed by, the Secretary, or if an offering to the public
i ts txlited. be underwritten upon terms and conditions
...R roveduj..e Secretary ,...
t:iU dt: nd ubjeet to" repayngnt, -uatnrity, aLnd.. other
::: :r : l : ', *:" J- :;. ; !"' A: h 't :, ; *. *. *
tisfi.ory to the S secretary; and
1e. su:ae te sub] to ppowvisins with respect to the ro-
1 .0 ::.: ..ritS inte rests of th6e Uited States, including
SAW' 16 % d igpiobpriate by the, Secretary relating to
Ni 'oton" "'hleM"' ielases of rlins, payment of taxes cost
M .. -,aiat* pceAeSeO herpw ., trsteeslip requirements or
.0T O~sa ~iitit^ 1 gi: .'S ti t es,
L~~V bfogjifffii ~~


791


71t





NE8 W, COlNIH


WVOLVflNGY WP. el4'.. e4b : r.
,+ .. :+. .....T^..t*^ :*. ,++++: | .p^i +++tr
AW
SEC.1it. (a) TheaSebetary ila a or& 1pI4t
fund to prove for (1) the timely pamxt pf any
as the result of guarantees.or grants.uner sAtcpnT
loans authorizd under this .part; (.) p4ai ymeiti ot4k
to the Sretary othe athetre:ry wider ;bsein ( ....
and (4) any other program expenditures, Tckdina
and nonadministrative expen .. ch evplyving fund sh be om-
prised of (1) receipts fro i iefs and charge; (2) recoveries under
security, barogatiLn, anUdthqr Wri.ts r.pay+nta, ;qmt
income and. aiy qkpr rc^p pbtu.ioin czg w
mop, m< d y .4 r, r! m +j-G
o'r loans wade under this part ;(44 propwdsE theo
to the, Secretary of tf Theawrpqrpu ant tj- sscltoa4
section; and (5) such sums which ae hersby yt i to Ji.p
priated, as may be require1 for the paaymentr of theo.ifLkn-
to the Secretary of the Treasury for thp e pu.rpoeqgacia
State land development agencies ,under section :7 fi 9A
purposes under this part. Money in the ravolyingi wd+pt
needed for the purpose of this part shall be kept in a.io.'
on deposit, or invested inm obljgatiqns of the Uited Sateo g -
anteed thereby, or in obligations, participins, thp .
which are lawful investments for fiduciary, tnzw4.Qr,;1 ,-
(b) The Secretary may issue obligations to tlhe Secre o o
Treasury in an amount sufficient to enable the Secretary to carry out
the functions authorized by this part. The obligations issued under
this subsection shall have such maturities and bear such ras::or+-tes
of interest as shall be determined by the Secretaryi dth. rewtxy.
The Secretary of the Treasury is authorized and directS tqr
any obligations so issued, and for that pupe he is p u-... |sM4
use as a public debt transaction the proceeds fm.n the se.. i a t
securities issued under the. Second Liberty Bond Act, asA t1M.ep
for which securities may be issued under: that Act a ,we4l to
include purchases of the.obligations, hereunder. 4F n7Y ?., r"d*
(c) Notwithstanding any other provision of law soifg t
acquisition, handling, improvement, or dispose of real,.I
property bfy the Unted States, the Secretary sall a p w
the protection of the interests of the fund ahoris under thd e
tion, to pay out of such fund al expenses. gr ltg9BR .Q ath.
the acquition, handling, improvement, or .dsp9,al o4-y
real or personal, acquired by hmuns a resultef CwvW PJPs Sr
curity, subrogation or othir rights. ;. : ... *
..: .; r : b "" :
BUPPILEMEITARY GRANTS .o LC FACIIRTT ; I ..S
Sw. 718. (a) The Secretary is authorized to ".i* '..i
grants to any State, local public body or agency, orsHT
carrying out a new community assistance project, as a
section (c), if the Secretary determines that such pro. ry
or desirable for carrying out a new community develop .':
In no case shall any grant under this section exceed f
the cost of the new community assistance project fo r *+
The wov du 'state. tod ipublico or avusey, or w etfher .1st1t1"! MIeII kbImte
the woriM l Stett, orle il M body or asgne by e,, ob me.. ..._M
Decmber 22. 1971. 85 Stat 77776.


792


1718





1NEDW -OMMUNITIEB


719


Sis made; and in no case shall the total Federal contributions to the cost
of such project be more than 80 per centum.
S hb(b) in.1.thyming out 'his authority under this section, the Secretary
I F.'lo,, 'witai py'coronny. mnew'm iiby- assistance project assisted
'bg gauutavdmimtisad by a Federal department or agency other than
4 r Vd pt b Housingand Urban Development, consult with
"Suc iiartmqnt or agency concerning the project; and he shall, for
-tZiMpupase&et osibsectioi -(a), decept the.'cetification of such depart-
=imet ow agencya.to the costof such project. :
-i (w4 ;PFtl*;pup enofea.o thiB section, a "new community assistance
W in rojet iassistea by grants under section 3 of the Urban
AI ap I spvrtation Act of 1964; section 120(a of title 23, United
States Code; section 19 of the Airport and Airway Development Act
*hl 4,titleVI of-;the Public Health Service Act; title II of the
t ry "Services 1and Construction Act; section &5 of the Land and
,aj rC oftyervation Fund Act of 1964; title VII of the Housing Act
t 6i; section 702 or 703 of the Housing and Urban Development
Ao& of 1965# section 8 of the Federal Water Pollution Control Act;
ditO 306(a) (2) of the Consolidated Farmers Home Administration
0it netn 3 or 104 of the Higher Education Facilities Act of 1963;
urn t014) () of the Publio Works and Economic Development
A4tt ..IM5 'with respect to projects of a type eligible for: assistance
4e. anjy of therothe& provisions of law listed in tWP subsection, or a
lroabtr .portio-of a project consisting of the purchase, renovation,
n toiton of facilities, the purchase of land, or the acquisition
of equipment, or. works of art assisted by contracts or grants under
*hio o j therNational Foundation on the Arts and the Humanities
r: 6 1 g* authorized to be appriated for supplementary
C tse undet this section not to exceed $36,000,000 for the fiscal year
ming June 80, 1971, not to exceed $66,000,000 for each of the fiscal
earsending June 30, 197f, and June 30,1973, and not to exceed such
SMS maT be necessary for any fiscal year commencing after June 30,
"[t iAatj ltbunt' so: appropriated shall remain, available until ex-
&tdindyrnmytxounits adt trizedfor any fiscal year but not appro-
riamay. be'appropriated for 'any succeeding fiscal year. In
u tdii& e amounts authorized tobe appropriated for grants under
n `o&412 tc ifoising and Urban Development Act of 1968 and
!Atmlidt lppfriftid theteunder shall be available for carrying
W ht' seon d d shall remain -ailtble until appropriated and
9:' w,71 ?dntCAL ASOWFA#dc
Sm. 719.M The Secretary is authorized to provide, either directly or
by contract or othearranganments, technical assistance to private new
pfUL 0Y1Per and State land develop nt agencies, or State
... T-'lfT ;'iB[ "rf '. .;r : ..' ." i ^ .aS ^ r .'. '. .* .." ,-T i ..:" ^ ."* la*:** "
..$ t-o assjs them in eohnection with
*^.l ifef ;iMty 0mntS program
... ". .......... JsdtZ.: ,t"a.
i'M wd *fMi K ta' Cowsmswty lt elopatet Aet a 1974, PuAblc Law 93-383,
388: 6 938, sppfoved AunsUt 1974 Oamended section 718 (e).
B A .o i 3 : :'; ..... t 1 : : *: r. ; : ,*< '' ** : : ., ,. .. . ** ,
1:, ]. ,. i tiiT l:N |. & ,. *,,*, ,, u.. y. :.j '. ; :. ... .. .u... .. *., ... .
',.r' J f l:*1 : *'='. ^ *:!" !; S: .:!:. .. : ;?: -* ** It ..... ";.r-* ..* o :* .. .
,. t.urh.4:. T; *.' i :Q i .. ., L.->.o;::.:* '.=., .=., di=, K J..:: .... = *, r .. .
|i i:" f"t .T T s ~l'? .: ..; .?. : ... :.... ,*",!.i .= :. ;i: .. : : ,
Ill ':.:." '** ", ..- i : .:*: .... ...
i 793
vi i.A ........ .






510N kfB-iH~ Ij^huiHiii~liHMi^


'PROIAL PIANIX'GAS.:': AArd. W : At.r .
Szc. 720. (a) The Secretary may, until Qctosr 1. 1fl t into
."reinto
agreements with private new. cmmu. ity 1pO tW.m
development a agencies to provide financial t i mt
exceeding two.thirs of estimated o of si or
new community developmet programs; 1. laami *IWO
which he determines .wil ave. special value in tsurmnthmtewjesm-
munity development programw(1) will be. fully respsiveto alor
environmental problems related to the public purposm f .Mw m-
munity development; or (2 will adequately mvide hr or- efSq p
the use of, new or advanced t.chology S, ,mspportcr ,$
objectives. ".- t :: .. :4 .
(b) The Secretary shall enter-int:'agrem ient dw thi seti:
only with respect to new community deilopmeat program hh
had been approved or are being actively ionsAded appn:al
having met such initial feasibility criteria as the Secrtary my hdet
prescribed, and, in the case of private new community developed,
only with respect to planninV .work which te Secretaydetmi
is in excess of that which would ordinarily be n ed to stash final
market, financial, and engineering feasibility for programs or poets
of similar size and scope not subject to the special purples Of t.
part. The financial assistance extended pursuanttosubach eets
shall be subject to such terms and conditions, which,in the *as of
private new community developers, may include provisions for rsy-
ment where appropriate, as the 'Secretary may prescribe. '
(c) There are authorized to be appropriated for finaci it
under this section not to exceed $5,000,000, which limit sall1' bein-
creased by $5,000,000 on July 1, 1971. Any amountappropriated tder
this section shall remain available until expended. 4/ 2s:"
** .. : :- :' ,i .rf:
FEES AND COHARQE8 :'*H :;:*:* .:..
SEc. 721. The Secretary is authorized to estjUahji l cGle'p:
for guarantees under this part, and may zake suclihic mqcp
tion with guarantees, loans, and technical adcl othIer asfi
this part as he considers reasonable for the anayis of ppcatn,
appraisals, inspections, and other activities relutpd to su.h
On or before March 1, 1973, the.Se ary- tari a .Ikp.
Congress concerning the fees awl &Aharge Mfor gra4itsl
part that he estimates will be adequate to prndA icmne i4
a self-supporting guarantee program and concerning the relation ip
of other charges to costs incurred under this part.
.. ." t : .... ,
ZNOODAGX T WiMCOP SMALL BXUnm S
SC. 722. The Seretry sl adopt such e n
necessary to assure that hew community Maimttq9 e
will (1) help maintain a diversified, lod h eD
(2) increase the capability of all sgmento of.t.h.dinW
SSee. 19 of the Houstns Authorimation Act of 1ir, Pubie law An-
Dat & 176, 90 StaL 106T7. amended section T720(a). t.f.. o g ...s D.
ment Act of 1970 by striking "June 80. 197"6 and Inrtg talus l
1977" section 208 of the Housing and Community Developmet Act. et 1. Ue Law
95-12d appvved October 12, 19T77. amended macfloa 7On y aW a lSi taa
Ue b 1978". ."A ii.; ......179:: 3 i :' .
794


1720





EW OMWMUNTIES


I7s


industry, including both small ..and large producers, to participate,
through an Increased supply of building sites at reasonable costs and
tirog. 'improved technology, in producing the needed, large volume
qtwall-d4\es .,, inexpensive housing; and (3) encourage broad par-
cipati byi the homebuilding industry, particularly small builders.
k", W COMMUNITY. DEMONSTRATION PROJECTS
;Suc. 17281 Upon specific authorization by the President and under
applicable Federal law respecting the Uase of federally owned lands,
Wth mSratary, utilizing finds made available for the purpose by the
CGawftis, is authorized to plan and carry out large-scale projects
4embItfating the development of new communities, which shall be
daiete4 to contribute to the achievement of the purposes of this part
aid serve as models for new community developments which could
feasibly blie carried out by other public and private developers.
REAL PROPERTY TAXATION
* SEC. 724. Nothing in this part shall be construed to exempt any real
pu r4y that may be acquired and held by the Secretary as a result
o the exerse of.. lien or subrogation rights from real property taxa-
fito.tthe same extent, according to its value, as other real property
) E ;, AUDIT BY GENERAL ACCOtNTING OFFIC
oSa 2i. Insofar as they relate to any guarantees, loans, or grants
wadp pursuant to this part, the financial transactions of recipients of
teraf assistance may be audited by the General Accounting Office
uncrsuch rules and regulations as may be prescribed by the Comp-
tter fGeaer.1 Of the United States. The representatives of the Gen-
u4&o i Office shall have access to all books, accounts, records,
9orte, files, an all cther papers, things, or property belonging to
6pr Me y 1h repients pertaining to such financial transactions
4 je~~.sa to fac iltate "the audit.
..SciS t w. \ '* i .. ,... '* ,
tf i r *.. v :; ai ; -* *
i0 GENAL PROVISIONS
h In the performance of, and with respect to, the functions,
isg nd duties vested in him by this part, the Secretary, in addi-
g !d:C'.Yia1tity otherwise vested inf him, shall-
^ i li sae tlh function, .powers, and duties (including the
I{ranLt t to ;iue rules and regulations) set forth in section 402,
i i exUiiq ubsecior lw (a)(2), () (4), (d), and (f), of the Housing
A. .: ot 1956:| P&iied, That subsection ()(1) of section 402
Sshall not apply with respect to functions, powers, and duties
indsr section 7i9 of this part;
.'. 7() hemse the power, notwithstanding any other provision of
.. .It..tW)onection with any assistance under this part, whether
LI f.onur atier. any deault, t provide by ,contract -for the
"5' 3.f r4s4tt U.pon 'default of andy redemption, equitable, legal,
la.da16 dintret of the private new community
f r .S addvelpment age. in ay enortgage,
UA deubE tn, brother instrument held by or on behalf of the Seere-
deidi, tf# -6 r:1*ho






727 NEW IUB10wtIl
tary for the protection of the seult7it t.at ftt. lnihed
States; and an *pet '''
(38. have the power toi foreclose 't.y. nt
any adis to protect or enforce any ,INi.-iItO ? JAy
law, contract, or other agreement, and bid Vr udutuio
foreclosure or other sale any property in onnetion witwhich
"B Y ;: :, ', : W. ..I
he has provided assistance pursuant to this ptrLii the:eventof
any such acquisition, the Se ret.t.y inq, aotwxh daig Mij
other provision of law relating to the acquitioay..Xt iBd
disposal ef real property by the.,United Sx.tates,
administer, ..remodel and convert, dispose. of, 1maw, and othrw$
deal with, such property. Notwithstanding any othqr pw 0sof
law, the Secretary shall also have power to prsue to, at l*
election by way of compromise or otherwise all claims acquire hs
him in connection with any security, subrogation, ,r otherrightTs
obtained by him in administering this part.
TECHNICAL AND COWO0 MING PROflSIONB
c~mto
SEc. 727. (a) No bonds, debentures, notes, or other obigsti
shall be guaranteed under title IV of the Housing and Urbit Denlc
merit Act of 1968 after the effective datW' of this part eteeptp uflrt
to an offer or commitment to guarantee, or a project approval, tm&
before that date: Provided, That a new tomnunitym developer whos
new community development project has, as of the efive date of this
part, been approved by the Secretary'under title IVshall 'el le
with respect to obligations thereafter issued by hitor guara-tt.
assistance as authorized either by title V or by thi part 'anddul
guarantee assistance may be given without a further detrrnmiiatiblby
the Secretary under sections ,12 and 716(a) of this SarlL Tfbth S&eW
tary finds that an applicant for title IV assistance gaubmitd c
plete financial and internal development plans arid reatedinteiml s
pursuant to section 4040 of such title iV,1'0di ini xrt dnetsn r bit&ie
plans or materials, the Secretary may accept sucIll:as oi&iSrAa
or major elements, respectively, as fully or partially satisfying the
requirement under this part for the submission of a new community
development program. All receipts, funds, or other assets all liabil-
ities of the revolving fund established pursuant to section 407 f :the
Housing and Urban Development Act of 1968 gnhdi!!)a4Mi(ti
arising under guarantees made pursuant touch title I q m i
section) shall become and be assets.and liabilities of the revolving fund
established pursuant to this part, as if such assets and liabilities had
been received or incurred pursuant to this pat, and shall b. paid
over, held, and accounted For accordingly. ,
,* '.* *If ,*:.
*** a 1 -
(f) All laborers and mechanics employed by contractorn o sub
contractors in land development assisted under this ppt Mll be
paid wages at rates not less than those prevailing-o0t similar cic-
tion in the locality as determined by the Secritaryf ott N C
cordanee with the Davis-Bacon Act, as amend& ( .0 UST
276a-5). No assistance shall bezextended under4tis pa.r U %:ad
:'i : .: *... y:r : :.
'Deemeber 81. 1970.


796





TE
NEsw COMMCUNITIS


1728


;: s~p'M\ r- .- % ^ > *- 5 I ^ -. .
.:tvelopmernt without first obtaining adequate assurance that these
Siiborltndar's will be maintained upon the construction work in-
volved in- such program. The Secretary of Labor shall have, with
e~~pect to the- laborz standards specified in this section, the authority
add aifcti. set forth in Reorganization Plan Numbered 14 of 1950
(14 St-St1267.), and section 2 qf the Act:of June 13, 1934 (40 U.S.C.
276c).
S..(g) With respect to an obligation issued by or on behalf of any
State ind diveopment agency, for which the issuer has elected to
reeeiv*.the benefits of the guarantees provided under this part, the
iterest paid 9onuch obligation and received by the purchaser thereof
(i hisucessor in interest) shall be included gross income for the
p es of chapter 1 of the Internal Revenue Code of 1954.
.'s i .-'.-. .. ,
I t -.; JOINT FUNDING
'S k 728d 78Fuads madd available under any Federal assistance pro-
ram for projects or activities approved as part of, or pursuant to, a
14 emuniit y development program may be used jointly with funds
lIU6 avaBable for such projects or activities under any other Federal
Winssisah p hh reu&tlons may include provisions for common technical or
administrative requirements where varying or conflicting provisions
of law would otherwise apply, for establishing joint management
fuit".hd' cdmofioi'" hon-Federal shares, and for special agreements,
or delegations of authority, among different Federal agencies in con-
nection with the supervision or administration of assistance. Such
regulations shall in any case include appropriate criteria and pro-
cedures to aspp that any special authorities conferred, which are not
otherwise provided for by law, shall be employed only as necessary to
promote effective and efficient administration and in a manner con-
tWith the protection of the Federal interest and program pur-
..r ..i~~t~re mets of a substantive nature. For purposes
: sEclonttr "'tzer& "Federal assistance program" has the same
A \sn&(dr. theT Ihtrgovernmental Cooperation Act of 1968.
a'l;l- ,. .' 1 : -- L. .O,- ^T
SW 0bX1UNITY DEVELOPMENT CORPORATION 1
bvo *f .. .. J: .4
A4EO .729 (a) There s .hereby created within the Department of
SRousfig and Urban Development a body corporate to be known as
CMniM ty -ity Deeleopment Corporation which shall carry out its
mlwini subjectu M direction and supervisioit of the Secretary.
TCeT )7tion shall ..ave a Ba7rd of Directors (hereinafter
htifrlm BerdP). which shall consist of seven members2
Si:, I'(l) The Secretary; who shall be Chairman of the Board;
'F _, advie: permo to be appointed by the Prmident by and with
W : tie advice and consent of the Senate, who shall serve at the pleas-
tu'jAre Iof the President, shall be the General Manager of the Cor-
-1i ii- ... N ..... .. .
0S10.oK f l_.. 'bISad Coammnity Development Act of 1974. Public Law
4 6 74=. !ere "W" before "COMMUNITY"
an Community Developmnpt Aci of 1974o Public Law 93-388
I tMpprond AugAust 22, 1974, substitute "evea maemaberu' for "'fm members".
S.*: / *... -.
It Q






78536


pomation, serving as its chief exeutiv officer under the IBoard's
general direction, and shall receive compensation at the rae pr
vided for positions at level II of .tie Executive Shedu4.5
U .S.C..5815); and. ". : : : i .
(3) five persons,1 to be appoiitn 4 the hSecnitax% maJ
serve at his pleasure, but not moe tha psne puch eusbc .h .e.I
selected from among officers or employees of the Department f
Housing and Urban Development. "
Members of the Board who are reg6uar, full-time offidhrsm or employees
of the Federal Government shall receive no additional compensaton
for their services as Board members: Othere`iember shall reco "for
their services as members, when engaged in the performance of their
duties, the per diem equivalentlto the rate evel ITV of the Fed I el
Executive Salary Schedule under section 5315 of title 5 of thtUnited
States Code. Each member of the Board shall be allowed "travel.
expenses, including per diem in lieu oi subsistence, as authorized by
section 5703 of such title for persons in the Government service
employed intermittently. ,
(c) The functions of the Secretary with respect to guarantee. and
loans in aid of new community development under this pt sal be
administered through the Community Developmient Corporation, and
the Corporation shall perform such additional functions, powers, and
duties as the Secretary may prescribe from time to time. .. ..
PAr C-DEVELOPMENT OF RATIONAL. URA GowTHn. PATTSrrw
"' : : *A "
STATE AND REGIONAL PLANNING "
SEC. 7352 .. 4*
< :: f *.:i ** ,i .: : ':
PArr TD-DEVELOPMENT OF INNER Crr7 Ar a t. a :.
PCuPOSE A k..* .,
SEc. 740. It is the purpose of this part to provide our cities, w
urgently need to augment their inventories of hWusing 4ICU.
housing for low and moderate income families) and to fhdj ts fo
essential public facilities and additional sources of employment, t t
have virtually no vacant land upon which to bild, with a program
which will make possible the more rational uSe of urban land and
space that is currently occupied by industrial 'or commercial uses
which though not physically blighted are functionally hobsolt. ot.
uneconomic, or of land and space that is not uble in its present stat
because of natural hazards or inadequate development, so that. in
appropriate cases major rebuilding project includingg newoknftami-
ties in town) may be undertaken without major residential l ee
activities and with minimal displacement.
AXENDMENTs TO T rru I OF Trf HOUSING ACT 0r 19S419
S' *5 ". i: :
Szc. 741. .. .
Approved December 81,1970. u ... ..:.
IS,. 08(b)(2) of Housnton aud Commaunttv DeTelAttA AtW of I014,A1..... Hl"
Sw8n8."SSB tot 68.. approved Auust 22, 1974, substmated wlve .mr..r..
*ee n. 701 (J), .Hoauid Act of 1954. '"' '" :
See sees. 108(a) (1), 110(e) (1). and 110(e) (7), Housing Act of 1949.
i 1 798


NOW OONOB





NEW COMMUNITrIES


HOUSING AND URBAN.. DEVELOPMENT ACT OF 1968
S [.. hle Law 9~., 82 Statr 476,513; 42 US.C. 3901 et seq.]

T.ITIE IV-O'UARANTEES FOR FINANCING NEW
t.* COMMUNITY LAND DEVELOPMENT
: t. ', ^ : :
CITATION
i : .
% S=4l.60 T.C i .,title may be referred to as the "New Communities
Act of. I98" 8'
11&U ptiJLrO[Ac*' 8
J^ **,-*PURPOSE
,T 402. t is the purpose of this title, by facilitating the enlistment
Of .i.vate capital in new community development, to encourage the
development of new communities that-
S S(1) contribute to the general betterment of living conditions
through the improved quality of community development made
possible by a consistent design for the provision of homes, com-
mercia and industrial facilities, public and community facilities,
ad open spaces
(^) maJe substantial contributions to the sound and economic
pow... of the areas min which they~are located;
, A ()Y .(0ovide needed additions to the general housing supply;
(4) provide opportunities for innovation in housing and com-
S n...... ty development technology and in land use planning;
1(5) enlarge housing and employment opportunities by increas-
Sieg the range of housing choice and providing new investment
... opportunities for industry and commerce;
(6) encourage the maintenance and growth of a diversified
local homebuilding industry; and
17) include, to the greatest extent feasible, the employment of
new and improved tecin6logy, techniques, materials, and meth-
lod'ig using construction, rehabilitation, and maintenance
under programs administered by the Department of Housing and
Ur b.ai, Development with a view to reducing the cost of such con-
nption, reabilitation, and maintence, and stimulating the
1.-. 1cicsed .d .sustained production of housing, under such
m 1 programs.
T .I ,-o, GUAkLNIE AJTfHDBITY
.i .. .' ... .iI .' .. ,
,^ %t rT Ocary oift the purpoes of this title the. Secretary is
iaofkried to guarantee, and enter into. commitments to guarantee, the
bnds deb ures,, notes, and oti.er obligations issued by new com-
0S4%opers to help fin e new'community development roj-
eerefry may make such guarantees and enter into such
ce t subject to the limitations contained in sections 404 and
h terms and co nditiqais as he may proscribe, taknging to
(i 'the ltr initial capital investment required to finance
ibt ites, (2) he eteded pedio beto.e initial turns
tf"inve ttet c.ti expected, (3) the irregular pattern
aid .mctsrist1&d fouch investment, an (4) the financial
mtesttsof th ited States, in connectwn.With guwran-
fifiri~~~w-"'~ f^ **-*u-*** *; ~~ T : ': "* *


799


401





NEW OM N6


EIJGIBL?. W O ...po rDTD ;r:
SC. 404. .No guarates r comm mtt t garate y ad
under this title unless the Secretary has detenrmied that-
(1) the proposed new community (A) will be cbnmically
feasible in terms oft. economic be or poteti for growth, ad
(B) will contribute to the orderly growth and development of
area of which it is a part; .
(2) there is a practicable plan (including appropriate time
schedules) for financing the land acquisition atd land ielop-
ment costs of the proposed new community and for impnvii and
marketing the land which, giving due consideration to the public
purposes of this title and the special problems invqled in fi c-
ing new communities, represents an acceptable fiat cialrsto
the United States: ; ,;'
(3) there is a sound internal development plan for the i$ecom--
munity which (A) has received all .. governmental approvals
:, I ....II.. o a
required by State or local law or by the Secretary; andi (B) is
acceptable to the Secretary as providing reasonable assrmncpi that
the development will contribute to good living? conioid m the
area being developed, will be characterized by sound a ns4 pat-
terns, will include a proper balance of housing for families of low
and moderate income, and will include or be served by Suc shop-
ping, school, recreational, transportation, and other facilities as
the Secretary deems satisfactory: and'
(4) the internal development plan is consistent with a icomnpre-
hensive plan which covers, or with comprehensive planning being
carried on for, the area in which the land is situated, and 4hich
meets criteria established by the Secretary for .suchcomprehensive
plans or planning. ,
ELIGIBEOLMGATIONS*i .,'""* :u''
SwE. 405. (a) Any bond, debenture, note 6r other oBliga'iort par-
anteed under this title shall- ..
(1) be issued by a new community developerothoertth&spub-
lie body, approved by the Secretary on the basis of 'ffic0il,
technical and administrative ability whidh dbtmontr hi C a-
pacity to carry out the proposed project; "r ..
(2) be issued to and held by investors approved by, or meeting
requirements prescribed by, the Secretry, nr ifan o 9ff9 n to
the public is contemplated be qnfrwritMtenuo -
ditions approved by the Secretary;., i.. t,, ... i ,
(3) be issued to finance a gram of land e-'lI(
eluding acquisition or use of land) approved ly tbeteKag:
Provided, That the Secretaty shali, through cost
procedures, escrow or trusteeship reuitmexjts, or:oThUrin^
insure that all pr&eeds from the salbf os d nations gua pp
under this title are expended pursuant tobsJ4 program.;I,
(4) involve e pr iti
the .eieo (OA) B0 :per centum i fei Seretary' .
the vOlue of tM property upon cqmpletioun of tI 6 i
mnut it (D) w sum ofTl per ctmt ouf the Ser't.%o.


800


6404





:NW COUNITI S


b f t he :vain of the land before development and 90 per centum
of .his estimate of the actual cost of the land development;
(6) bea interest -at a rate satisfactory to the Secretary, such
a iWitetl'to be exclusive of any service charges and fees that may
W.be tppiwed by the Secretary;
4 !(ft) c in repayment and maturity provisions satisfactory to
te Secretary;and
4 i7) contain provisions which the Secretary shall prescribe with
respect to the protection of the security interests of the United
SStatms (including subrogation provisions), liens and releases of
ln ie. payment of taxes, and such other matters as the Secretary
lmy, in his discretion, prescribe. u
S"() The outstanding principal obligations guaranteed under this
AtiXt. with respect .to a ngle new community development project shall
at no time exceed $50,000,000.
.. .. .* .. .*, : I
S ..... FEES AND CHARGES
SQ404. The Secretary is authorized to establish and collect fees
for guarantees mad. under this title and may make such charges as
he considers reasonable for the analysis of development and financing
plans and for appraisals and inspections related to new community
develoPment projects. On or before January 1, 1970, the Secretary
shall Tske a report to the Congress concerning the fees and other
.charges under this title that he estimates will be adequate to provide
wome c -ient for a self-supporting program.
GUARANTEE OND
SBu. 407. (a) To provide for the payment of any liabilities incurred
as result of guarantees made under this title, the Secretary is author-
idto establish a revolving fund which shall be comprised of (1)
neitafrom fees and charges; (2) recoveries under security or sub-
ogaian rights or other rights, and any other receipts obtained in
connection with such guarantees; and (3) such sums, which are hereby
authorized to be appropriated, as may be required for program op-
erations and nopadmimstrative' expenses and to make any and all
Oarauhtedl under this title. The1 Secretary may issue ob-
osato tffI Ser.tary Of the Treasury in an amount outstanding
bfl titu sue ieMat to enable the Secttary to carry out his
wbfuwit re tt Wt) the guarantees authorized by this title. The
1iOM1 Oisud uwindtr thigsilbeedion shall have such maturities and
Ste 6r mt~~f interest as shaill be determined by the See-
....ths.rtsn The S&ie~try of the Treasury is authorized
94r Vurdhksb hy obligations of the Secretary issued under
tIm ntn, and for e upqoe the Secretary of the Treasury is
Wi)a t g &is bisuble debt tranmottion the proceeds from the
fl dftuseourifies iued derthe:Second Liberty Bond Act, as
e W 'h.. nW* iii L'Ote, and the purposes for w ieh securities may
be.aepw mch Act are tended to include purchase of the
herundsi. :
^ ^. ^',.. .':'::. *H? :,. : m. -- *::-'" .* .. ... o t: i : .. .... .. ,w -.. ;** ", t. .. ** :
-MkOaad* L ett 49 w a. Psue -isi. approved Jfj 24,
S* t^ flemtfl~^ baiigmaie th ts gmxbtonw (a) beglnl(a
'*H.'1, 3.. :, A. Ift R:f Up i' :.*<: .


..1.


5406





40NEW Cal11


(b) The full faith and credit .t the United StaesW ipeged to
the payment of til guarantees made under this title; with xtitqt to
both principal and interest, including () interest, as p ded
for in the guarantee, eating between the. dkte of d-fraal^idsra
guaranteed obligation and the payment it full of. t.he .uar.e, and
(2) principal and interest due under any. debenturesed the
Secretary toward payment of guarantees made under.ti tit6.
(c) Notwithstanding any other proviion of law, eating to the
acquisition, handling, improvement, or. disposal of real ..: other
property by the United States, the Secrm*etary shall have pdwfr, for
the protection of the interests of the guarantee fund authorized under
this section, to pay out of such fund all. expenses or charge i, con-
nection with the acquisition, handling, improvement, or disposal of
any property acquired by him; under this titles -and notwithstandg
any other provision of law, the Secretary shall alsohave power to pu-
sue to final collection by way of compromise or otherwise all claims
acquired by him in connection with any security, subrogation, or
other rights obtained by him in carrying out this title.
(d) The aggregate of the outstanding principal obligations gpar-
anteed under this title shall at no time exceed $500,000,000.' ;
*I I O* s T A- : : *** ... ".
III OITESTABULITr -
:* *'. #. '
** .. ..; : .***. 7 : : ..
SEc. 408. Any guarantee made by the Secretary under this title hal"
be conclusive evidence of the eligibility of the obligations fo1 soh
guarantee, and the validity of any guarantee so made shall be xcon-
testable in the hands of a2 holder of the guaranteed obligation.2

ENCOURAGEMENT OF SMALL BUILDERS
SEc. 409. The Secretary shall adopt such requirements as he deems
necessary to assure that new community construction assisted :under
this title will encourage the maintenance, of a diversified local home-
building industry and broad participation by builders, particularly
small builders. ,
LABOR V i **:
SEc. 410. All laborers and mechanics employed by contractrs or
subcontractors in land development assisted under section 40& shall be
paid wages at rates not less than those prevailing on similaconstu44-c-
tion in the locality as determined by the Secretary of LJor n e%00ue
ance with the Davis-Bacon Act, as amended (4Q U.S.Cr 27T*-
276a-5). No assistance shall be extended under section 40.1 for land
development without first obtaining adequate assurance that ts
labor standards will be maintained upon the construction rk
involved in such development. The Secretary of LaPr sall hve,
with respect to the labor standards specified in t i sth ctie on,,j iMamir
ity and functions set forth in Reorganization Plan ,.. U4
1950 (64 Stat. 1267), and section 2 of the Act of June 13 4 (40
U.S.C. 276C). ,
--- **" ". :: "I ; ** .: .:n:
See. 303(a). Housll and Urban Development Act. lhm Pila.w..
December 31, 1970, 84 Stat. 17TO. 1780. substituted "'800,M 0to.0" tor :w
SSee. 8308(e).Bon and, Urban Development t oAt ]d
December 81. 1M70. S4tat. 17T0. 1780, deleted at this potott loewd tt "i3 l
deleted the remainder of this sentence which read "except o fraud or llmia-
representation on the part of such holder.".


802


1408





NEW CONOUN1TIES


E: EAL PROPERTY TAXATION
i -: .. ,. .:
Sw. 41LJothing m this title shall be construed to exempt any real
ppr..ety that may .4e acquired and held by the Secretary as a result
*ithe exeqise of lien' or subrogation rights from real property taxa-
ton. o to0 aII# extent, according to its value, as other real property
is talked :
SUPPLEMENTARY GRANTS
SEc. 412. (a) The Secretary is authorized to make supplementary
ats to State and local public bodies and agencies carrying out new
s(uawi9y ,aistance projects, as defined in section 415(c), if the
Scr9Way deterines that such grants are necessary or desirable for
cwyw out a nw community development project approved for
sistanoe under section 403, and that a substantial number of housing
.for low and moderate income persons is to be made available
thro ghhstch development project
S(b1 -a n cupse shall any grant under this section exceed 20 per
entsip. o tthe cost of the new community assistance project for which
the grant is e ;1 nd in no case shall the total Federal contributions
t4the cost. opuch projec.be more than 80 per centum.
-(;~() In csxying out his authority "under this section the Secretary
swwlitsult with the Secretary of Agriculture with respect to new
community asistance projects aisted by that Department, and he
sall, fom the purpose of subsection (b), accept that Department's
ceifiqations as to the cost of such projects.
,(d) There are authorized to be appropriated for grants under this
action not to exceed $5,000,000 for the fiscal year ending June 30,
tP*, and not to exceed $25,000,000Q for the fiscal year ending June 30,
IT74.ny1 amounts so appropriated shall remain available until ex-
pndd, ad any amhountsf authorized for any fiscal year under this
Snuetin butnot appropriated may be appropriated for any succeed-
Mg fiscal year commencing prior to July 1,1974.1
.. .. 5f J :i : "* '" .
iY ....B fiPOVISIONS AND RULIS AND REGULATIONS
: *. '** i:11 ",,:f w ... ";. -: ; .. >* .... **
S In th, performance of, and with respect to the functions,
ppw ,anad duties vested in him by this title, the Secretary shall
4j*,ditonto any authority otherwise vested in him) have the
twiton8, powers, and duties (including the authority, to issue rules
and regulations) set forth in section 402, except subsections (c) (2),
(d., d (f), of the Housing Act of 1950: Provided, That subsection
t) 402 shall not apply with respect to functions,
poersiand duties undersection 412 of this title.
AUDIT BY GENERAL ACCOUNTING OFFICE
SzeC. 414. Insofar as they relate to any grants or guarantees made
pflust to this title, the financial transactions of recipients of Fed-
ml gants or of developers whose obligations are guaranteed by the
United States pursuant to this title may be audited by the General
1 See. 304 Housing and Urban Development Act of 1969, Public Law 91-152, approved
,t ai. 3 7 9 3 9 1 s u b s
December 24, 1969. 83 Stat. 979. 391, substituted "July 1, 1971" for "July 1. 1970" and
mee. 303 (b). Houing and Urban Developmept Act of 1970. Public Law 91-609, approved
December 1. 19T70, 4 Stat. 1770, 1780, ubm.ftituted "July 1, 1974" for "July 1, 1971".


ao0


1411.





1 415 uwoo Wi s

Accounting Office under such rule. ad regulations may be
prescribed by the Comptroller General of the Unid Stat The
representatives of the Genel Acui g Office li Mi. teems to.
all boos, counts, records, all other p h
or property belonging to or in b develw6pert or real J f
grants pertaining to such fiUnanciMl atio and to
facilitate the audit. .

SEc. 415.As used in this title-
(a) The term "land development" ns the pines ofgag
land, making, installing,' or constuctinK water lines anaffr*Spy
installations, sewer lines and sewage dsosgal. Ara tea,.
and electric lines and installations ad s curbs gtter
walks, storm drainage facilities, ahd other installations or wrk,
whether on or off the site, which the Secretary deems ncsa7ry o
desirable to prepare land for residential, csmercial, industril, or
other uses, or to provide facilities for publicor common use. The term
"land development" shall not include any building unlem:it is.l) a.
building which is needed in connection with a water supply o 'ewage
disposal installation or a steam gas, or electric line 6r installation, Or
(2) a building, other than a school, which is to be owned and main-
tained jointly by the residents of the new community or is to be trian-
ferredto public ownership, but not prior to its completion.,
(b) The term "actual costs" means the costs (exclusive of iebates
or discounts) incurred by a new community developer in carrying out
the land development assisted under this title. These costs may Include
amounts paid for labor, materials, construction contracts, land plan-
ning, engineers' and architects' fees, surveys, taxes, and interest during
development, organizational and legal expenses, such allocation of gKen-
eral overhead expenses as are acceptable to the Secretary, and
items of expense incidental to development which may be .pp ed
by the Secretary. If the SecretAry determines that there is an idetity
of interest between the new community developer and a contractor,
there may be included as a part of actual costs an allowace for the
contractor's profit in an amount deemed reasonable by the Secretary.
(c) The term "new community assistance project J neam prwcts
assisted by grants made under section 702 of the Housing and Uurba
Development Act of 1965, section 306(a) (2) of the Consoil ated Fann
ers' Home Administration Act, or title VII of the Hous0 Act W
1961. .J : ::' :* ,
'*** 0 ... : : "
."4
Approved Augustl ,1968.



e:.. k:
S. 1 .. :...j. I; C.
:: *: .. i : : i,
4. : :* t .: : .:.:.. : ::


^ .*! :. :v :' : ..::.:* ;: .
., *;"-^ -<* -.. j^ .. 4 *l;
." n" :*t,..* ...i ^ : J.-:i*
... *: .** "" +:: .. 1 :-te ( ::::?: :"! :-: :]






Vq 91
I
., *
'i "" :. "

*( ,o:
| fi: y ..... "' '";; : ":: ft
t *101
SINTERfiOVERNMENTAL COOPERATION ACT OF
..,* ...1968
.. N hPublie Law 90-577, 82 Stat. 4198; 42 U.S.C. 42011]

1 AN LOT To achieve the fullest cooperation and coordination of activities among
I* th..e Jerels o government in or.er to ",prove the operation of our federal sys-
S texi.in an increasingly comIex society, to improve the: administration of
S"i .. Stm.i-aa to the States, t' permit revision of timbursable technical
se-. ite i SitOes and local government, to establish coordinated Intergovern-
.,:: mental policy. and administration of development assistance programs, to
.. dov144. (qr the acquisition, use, anddisposition of land within urban areas
U, b .V eral agencleq In cotformlty ith local government programs, to provide
Soperlodle congressional review.'of Federal grants-in-aid, and for -other
p*urposes a: *: ^ ; *-
ffrer n

10 seaqoW by te Senate ,ind Howe of Repreaentatives of the
Vited Stateu of America in .Congreu assembled, That this Act be
ei tas the "Intergovernmental Cooperation Act of 1968".
!~ ^ TITLE I-DtFINITIONS
(W ft!!i'tts Mill WeAct- *1 .'
V1 -P i ` FEDERAL AGEN O
: 'iso11. 'T "term "Federil agency" means any department, agency,
% V U~rlity in the executive branch of the Government and
I y .... o.n6dW Government corporation.
4 STAft
S... 102. The term "State" means any of the several States of the
aitd Statesth^ District of Columbia, Puerto Rico, any territory
or' pss 'of the. United States,.or ny agency or instrumentality of
& *tate mbut does not include the governments of the political subdivi-
4in of thItae)
1UTlQAI 4)1 VI VhS WC GAJ GOVERNlMENT
A 4m
St "Unitogagror local government"lmeanaytcnt
lt,, eficallyo a county
IkW1^1 Y4 'rto~i fcw Uhi or. a shol r otber special district



stat
r .... G E N.. = .
;,,,,l .. ^ ... ., i ... . .. .. ^ .... ,^
^ NITor -BEAX. LOCAX OOVEBMENtf
p. ra. .,,.(1: smrm means any city. county,
to*., p. s,.lage, or other general purpose political subdivision of
"'B~ ...iff *^* &_^ "H *1; 1:;... .: : *4 &P or ot er gen* ..

:*
I5
805





INTERGOVERNMENTAL COOPERATION


sPMCIAL-PURPOSE UNIT OF LOCAL OVERUKENT
i : ... .... '
SEC. 105. "Special-purpose unit of loWa government" mesas"
special district, public-purpose corporation, or other strictly limit-
purpose political subdivision of a State, but shall not include a school
district. oi- .'i
-; ORA" BT OR' GRiNIL-fW-Aib f *f* 1'
SEC. 106. The term "grant" or "grant-in-aid" means money, or
property provided, in lieu of money,p.aid or furnish by the United
States under a fixed annual or aggregate authorization-
(A ) to a State; or : W" . t :. :.. '.. .
(B) toapoliticalsubdi-on of i 6 ,. ,.
(C) to a beneficiary un1or a plan or progrna4 ". dminie
by a State or a political subdivision ot a tate., ih 0 sam4m ct
to approval by a Federal agency; m
if such authorization either (i) requires t Statesmor pltl 4b
divisions to expend non-Federal funds as a condition for thze rnlpt of
money or property from the United States; or (ii) specifies 4ily,
or establishes by means of a formula, the amounts which may be paid
or furnished to States or political subdivisions, or the mouts to be
allotted for use in each of the States by the States, political subdia-
sions, or other beneficiaries. The term also includes money, or prflewty
provided in lieu of money, paid and furnsjhed by the United States
to any community action agency under the Economic Opportunity
Act of 1964, as amended. The term does not include,>(1) shf ilewve
nues; (2) payments of taxes; (3) payments in lieu of taxes; (4)
loans or repayable advances; (5) surplus property or surplus agri-
cultural commodities furnished as such; (6) payments dr reseah
and development contracts or grants which are awarded .diectI41 and
on similar terms to all qualifying organizations, wtheter 'pzi rk
private; or (7) payments to States or political subfdivisionaf as full
reimbursement for the costs incurred in paying benefits or furnishing
services to persons entitled thereto under Federal laws.
-".... : .. [ ...; ... .,-
FEDERAL ASSISTANCE, FEDERAL FINANCIAL ABSISTANCE, FSiaml. msS itm
ANCE PROGRAMS, OR FEDERALLY ASSISTED 1R00A3 Wi 1T
SEC. 107. The term "Federal assistance", "Feder financial as
ance", "Federal assistance[ programs", or "federally amisted pro-
grams", means programs that provide assistance through grant or
contractual arrangements, and includes tech_ cal assistance progrs
or programs providing assistance in the form of plans, lo guara-
tees, or insurance. The term does not include any nAu" y --AJin
the United States to the District of Columbia autho ati
VI of the District of Columbia Revenue Act of 1947 s.(D.C. od
47-2501a and 47-2501b).
SI3IALTZED OR TECHNICAL BERI.hl r tYr ::1
SEC. 108. "Specialized or technical services" means statiti
other studies and compilations, development projects, technical tests


806


1105




IwTRaOVEr NMiNrALz: OOOPERMflOt 109, and .22
jl' jtj tecnica1ml formation, training activities) sunwa
?6 o dOcf~ebti and any other similar service functions which any
Department o? agency of the executive branch of the Federal Govern-,
t is especially eqpped and authorized by law to perform.
|l I i CJMREHMEMSV PLANNING
LU
S109. "Comprehensive planning" includes the following, to the,
l^ t difiy related to area needs or needs of a unit of general local
:en; (A) preparation, as a guide for governmental policies
I action, I o general plans with respect to (i) the pattern and inten-
ofland use, (ii) the provision of public facilities (including
P1 ortation failities) and other government services, and (iii) the
ives devdipment and utilization of human and natural resources;
74) long-range physical and fiscal plans for such action; (0) pro
ig of capital improvements and other major expenditures, based
on a determination of relative urgency, together with definitive
aplaws for such expenditures in the earlier years of the pro-

X| o avernmentSnd agencies concerned ; and (E, operation
.... a y and adminrative measures in support of the foregoing.
. .....
HEAD 0P AGENCr
I... 1. Th-e term "head of a Federal agency" or "head of a State
i k includes a duly designated delegate of such agency head.
tr T-MD ADMINISTRATION OF GRANTS-IN-
flY :' ": k(lAID TO THE STATES
ixn x FORMiT0 ON FUNDB RECEIVED
Y.St. Wt Any department or agency of the United States Govern-
Ment which administers a program of grants-in-aid to any of the State
aw1x1n. of the United States or to their political subdivisions
ioi fluet, notify in writing the Governor, the State legisla-
NAI othe flcial designated by either, of the purpose and amounts
vit i gratswi d-aid to the State or to its political subdivisions. In
Instance, a copy of requested information shall be furnished the
3 legislature or the Governor depending upon the original request
E such data.
a / A. DEPOhI't Or SAITS-IN-AID
_ .. .N. psat4ro tq atate. shall be required by Federal law
W1ntobe d.p6 "ted in a separate bank account
a||>reqna b owtlxsr iuisdsy inisteredVY h sy UState. All Federal grant-
,,,per y scqu,
tesB:::|, avlable to the shall properly acounted
; Fe t in. the:accounft the. State rsh case the Stte
qawm'adi shall rider .e1uhr authenticated report4 to
rpn!" V.1eerl agency VohndMm the status and the app. on of
.....4 the liabilities ,and obligations on hand, A"nd such Iter facts
ay tbe required by said Federal agency. The head of tli federal
,c-y and the Comptroller General of the United States or any of


22-674-T--S--pt. 2--3


867-





203 and 5101 flOV3 (HURNMIkCOOiElATION
tieWir duly authorized representatives allhave -wcesp I
ofatdit and ,examination to any booJks, d.ocmnents, papCer 4317
that are pertinent to the grantrm-aid.. cived by the .Stat. ., .
SCHEDULING OF FEDERAL TRANSFERS TO 713 STATES
SEC. 203. Heads of Federal departments anid agencies responsible
for administering gzrant-in-aid programs shall schedule the traf.erof
grant-in-aid funds consistent wit program purpose anii police.
Treasury regulations, so; as to minimize the time elapsng Ie eu )
transfer of such funds fromthe United States Treaisuri=yand .&S-,
bursement thereof by a Sfate, whether suoh disbursemnent curC pri
to or subsequent to such transfer of funds. States'shall not b held
accountable for interest earned on grant-ii-aid funds, pe=din* i ,
disbursement for program purposes.. ..
'* ,: ; <: ... "* rt u 'i
... ELIGIBLE STATEAGENrCY .
.: .' .* .. *,.
.SEc. 204. Notwithstanding any other Fod6nral law which provide
that a single State agency or multimember board or comisxloi 'Titi
be, established or desi.iited to administer or supervise the admbI'ini wrs
tion of any grant-in-aid program, the head otManyariieral daight&'
or agency administering such program may, upon request of the Gov-
ernor or other appropriate executive or legislative authority of the
State responsible for determining or revising the organizational stc-
ture of State government, waive the single State agency or tnultimimem
ber board or commission provision upon adequate showing "that'su"ch
provision prevents the establishment of the most'-Effective and- effieat
organizational arrangements within the State government and ap-:
prove other State administrative structure' or arrangements: Pro-
vided, That the head of the Federal department agency determines
that the objectives of the Federal statute authorizing the grant-in-aid
program will not be endangered by the use of such other St.e struc-
ture or arrangements.
TITLE III-PERMITTING FEDERAL DEPARTMENTS A'ND
AGENCIES TO PROVIDE SPECIAL OR TECHNO'" L
SERVICES TO STATE AND LOCAL UNITS OF GOVERN.
MENT .i :
STATEMENT OF PURPOSE 1 A .
5.. > ,5' .,
SEC. 301. It is the purpose of this title to encourage intergovern.
mental cooperation in the conduct of specialized or technical services
and provision of facilities essential to the sdi ration of State or
local governmental activities, many of which are nationwide i.leope
and financed in part by Federal funds; to enable State or local gonrn-
ments to avoid unnecessary duplication of special.tsoer s ff'ctisL
and to authorize all departments and agencies of the: seti l brsn
of the Federal Government which do not have such ktulby to p*.
vide reimbuirable specialized or technktl, :isAe:rit to Stte' : MR
governments. T .:t
*'"' '. ,* "\ *'*: -* if ." "* ". :' **: :. ,'7 ) i. :++-,ityirT ?ii
.' '" L A. .. '1 | f4 i
.. r r :.
89O.1




BifB&Wa8MNYMJ 1 OOPtEATION30an41


l:1 d^AUTHO'TT TO PROVIDE SERVICE
rt.. j'" U" ,T ia"
.g4. h&qd:bf wny Federal department or agency is author-
1-cefpiton, upon written request from a State or politi-
wy&Wr^. to provide, pecialze or technical services,
YNpyInt,tope Aepaertment or agency by the unit of government
ig re4 quest -qof salaries and all Qther identifiable direct or
f ertorynnpg such services: Provided, however, That
servlc shall include only those which the Director of the
t1V f4tl' udg" through rules and regulations determines Fed-
e.partinents .an4 agncaes have special competence to provide.
V. es and, re gulations shall be consistent with, and im furtherance
f e Government's policy of relying on the private enterprise system
:ifthe Governments [iy: ,f,, yipp__ _P .
itqpr v >it4os ;eavioes whieh are reasonably and expeditiously
qr(a1th1tlroujjfQrordinakry byisinps channels.,
. .r ,., ". .
...EI$URSEMENT OPJP APPROPRIATE"
1 s. .. -*.L ,- '
W1.'.6s0. All moneys received by any department or agency of the
I^ te aJ1ghRf_ twe: Fderal GoYernmeat?,or'.any bureau or other
CtfiWftg B.wdrhiQfdJ o ereof, in payment o furnishing specialized
rt ]AiciY .thorized uwer section 8302 shall be deposited
.to th credit of the :ptiincipal appropriation fpm which the cost of
trvidio80 suc. eices tS lten paid or is to be charged. f
,,. ? ,l ..I. n .'e- r'H;i :*:.,', ..> :.*.. .,. 7 .* .. .' =
bar ?d1E4Y1\t j a- IWORTS. TO CONGRESS,
.... n. E .ni n .^ j j *:". :, > -.. ,. .' ,. .. <
.04,thecre'ary Of any dtpaitment or the administrative
in igdnc ftcy ofthe executive branch of the Federal Govern-
Mlr nsh.Aiihnally. to the respectivee committees on Govern-
a4 4a f "'of t1I Senate. and Xouse of Representatives a sum-
W1 .Tt.he scope of the services provided under the adminis-
of this title.
,,, n u K. ., ., ... .' : ,. ," ;
.: A ..
.Inst o: 9"'*, AEflTIOn OFlO EXttING AtUTHORT.
S oa"T"title Is in addition o tnd does not supersede any
B1h~t 141ithority now possessed b atny Federal department dr agency
hnbet tohfutishingSeryices. whether on a reimbursable or non-
a llw....ist. .i State adlocal'tinits of government.
B IIV OO DATD R[INTERQOVERNMENITAL POL-
AIfF NT ThATOS OF DF IYE'LOPM NT, aAS

AN(4
D vIaPM"T, uC S C roucr
IZ(7 heeliomic' soqxll de elopmrno te Nation
W isrn#e t oc atisfctort levels f liv8g depend upon the
ap4 ordewi 4eylOpment Qf t11 ires, &.,th urban ad rural.
Stfpi& urbanization, t~e rMld: and' orderIy,
.e udM 4elepment Uof In-ler
a i ,i andi rural areas. The President shall, therefore, establish


9P0


302 and .401





401


6a-


rules and regulations h ti. formulation, evaluation,]-41:a-
view of Federal proams an projects _havinga... timpt
on area and community development, Micltding ".J P.ov. .
Federal atssistanceo te tates localities tott t
shall most effectively sere0 tbIes6 b tbbectiveh" Wr a nt'd
nations pro vidt forfu aosiderationxof h wi
ment of the following specific objectives and, to the 0 qt4*4tfl*jotI
by law, reasoned choices sal be made between stao bib
they conflict: .:. : '... ., ,..
(1) Approapriate 1aId rns forI.tng, ccnierM4 n4* i.,
governmental, stituttenal, Snbthtec kurpoes e. 1 1
(2) Wise development and conservation of natural rwour*% ,
including land, watW, i.nel, Wldfe and others; -.: I
(3) Balanced tra tatisftiem incnding tiW y,: j
water, pedestrian, ma transit, other medeaor th.e movme
of people and goods;
(4) Adequate outdoor recreation and open pace
(5) Protection of areas of unique natural beauty,.hisrica a.d
scientific interest
(6) Properly planned community acilitie ha d
for the supply o power, water ;nd corpuintiox$0 |Y"
a o ... "" "
disposal of wastes, Mid hr othir purposes and a q q. t
(7) Concern for high standards of d .esign. .
(b) All viewpoints-national, regional, State, and ''-&aU, W
the extent possible, be fully considered and taken into account in
planning Federal or federally assisted development programs aad
projects. State and local gpveUzIent objectave togptiwr wt
objectives of regional organizations shall be owder.d advalat$
within a framework of national public objecive PsM'M4..
FeIderal law and available ,projections of future aWi ,l o
a1d needs of regions, States, and localities shall be cac4 4 pl
formulation, evaluation, and review. : .
(c) To the maximum extent possible, consistent with national Oc-
tives, all Federal aid for development purposes... shall be consistent
with and further the objectives of State, regional, and local comprs.
hensive planning. Consideration sfll be giv-ea to allM dmenal
aspects of our total national community, including but nott14,AitWIWt
housing, transportation, economic, development, atura a &-MWb,
resources development, community facility, and the gel4iwirr
ment of living environments.
(d) Each Federal department and agecy adiuteigt d-lrt
meant assistance program shall, to the : atxi, m
consult with and seek advice from all other ig4a |
nated programs. '
(e) Insofar as possible, systematic pianMing equired W Madnivil
Federal programs (such as highway onw1truc uz s a3
open space shall be coordinated with and, to a
,Lin a m:.rmnt t6 :tb heDitae .r of t6e .. Ua. ..13
k'S %~POWuIdm ate A tthis authaordfltb thentmjMUWi ld
the: NowauR
tutf of stCoaalutmt jcurim uTIN~s n~iryivfugas us .wpaw sr*- "
'88 )* !-. ,; ,' : ,".: :t:. o rl .* tR41 A 11 i "M




s-sm-vBBG-iizrr*.AL COOPwATiONM


^Ik zMuth Ka'fOiW fpitfesive local and' aretwide development
:naaig,}Vil) : ;c,. ^ i" i* i:,- *;
-c $"21PV : &)."K,;ii. t
bu;L : i 7 .... *.; j ... b .. ..
.J +:.,,iM jFryG WOIDS OW GRIL LOCAL GOVERNMENT
$+ i D.., "t+ P ".. .... .
lSC%. Where Federal law provides that both special-purpose
A I wrr oapeqnt and un-4& qf general local government are
i..M k1*4nsM or gra.ta-mWd, heads of Federal depart-
ien an agencies sahll, in the absence of substantial sons to, the
at ri n.eS:wa IJo or grants-in-aid to units of general local
I 4 n arnh to special-purpose units of local government.
::. ~h i +. li ,.J l. ., 7 .. :: *" "+ -. '+ ..* ", .. ..
-MCI i ..:t! .) RULES.AND REG.AT. AON
4io,,.". tiThe Bureau of the Budget or such other agenvy)as may
be designated by the President is hereby authorized to prescribe such
rules :egtaulatin s are deemed appropriate for the effective
admnitraion of this'title.
4" ?: .. .
. ... &4 UISlTION, USE, AND DISPOSITION OF
|IE4d+ WIi)IMN URBAN AREAS BY FEDERAL AGENCIES
difl a0NP0(RTMITY WITH LAND UTILIZATION PRO-
'q.M&.S 'OrIA TECTED LOCAL GOVERNMENT
a#....]. ,w '** i .r; i ,.; .. ": :... .* -
ef' A 'ir **'
^%ihM AND ADMflrSTRAT1V SERVICES ACT
%.S- 5QL,',Tht Eederal. Property and AdmniistratiVe Services Act
,if940,"d* pt ed (40 U.S.C. 4-1 et seq.), is amended by adding
wunv, :fheredht new title as folRows:
.O f:"l ii+"Tf" ."VfI--AIY BAN LAND UTILIZATION
.rfi t7") ji* l o n T 1' r i
-B -.) Iil +
i SxO. 80L This title may be cited as the 'Federal Urban Land-Use
i;^|y~ iyI*t RrI u tL**'*?f ^*ri.r: -* ** '*
-1 s r f T Rllixi X orrvKPOSa A"l ?OLTCY
L a n r i j j" .." o + : ., ,. .. ,; *} i .: ,'* -. .

W w, 8Qljt .w f r ose of this title to ptromnote more harmomnious
Watib and encourage sound planning, zoning,
prs a uandtprocedures
erbbya XAiMstrator shall acquire, use. and dispose of land in
Pbaro areas rder that urimlan d transactions entered into for the
neral Services Adm'inistration or on behalf of other federall agen-
dies p ,*6 the greatest extt practi be, be onsistent with zoing
4ise p~actii^WI ald shall be i made 416 th greatest extent
gIovem en ts plaimianM re atojetives
.of tl al governments and local planning agencies concerned.
++;'h .. .. ... *. -.. ** : '. f


sa jtu t-TQ&-a1us 190tie dYOi-
situatedor o w rithin anyurban arj tll tqincy of kany real Property
'within an urban area, he shall, pnor to offering such land for
+,: ; J : .. : .... . : +
it~i;:. == I ,""" :` .' = ." -- d l a, a x l -


402 and 5 6011





1501


.vale, give ieasoaable notice to the head of 4acgo*ertg
unit of general local government having jurisdiction over
land-use regulation in the geographical area within whi
lands are located in orderto aford:.the riuntltS"
zoning for the use of such land in accordance wit !OcaL_.
c Splan .L Is 0 Ar


complete' hiforrmation con
"(I) current zoniltl|
ments and objectives for
"(2) current availabilil
sewers, water, street, l'h
spective availability of si
ni comprehensive planni4


A roery whe it is finzond al
to such property of streets, sidqwal,
tad o6ter service facilities and'pro-
.serrica Vsuch, property 4 iuled
I .JO


"ACQUISITrOir GO CHANGE'OF USE OP O
S 804.. '' ,T ,o.t he extent: "
"Sc. 804. (a pTo the extent practicable, prior to a comrnitmolttp
acquire any real property situated in an urban area; the Adminitrtor
shall notify the ubit. of general local government exieriA*iifnd
land-use jurisdiction over theland proposed to be.w;kpl Ihib
intent to acquire such land aid the proposed use# the propt flJIn
the event that the Administrator determines that su fch advance notice
would have an adverse impact on the proposed purchase,4e sh4,uon
conclusion of the acquisition, immediately notify such lo0al g,4 overn-
ment of the acquisition and the proposed use of thprope rty( :
(b) In the acquisition or change of use of any real pier ty situated
in an urban area as a site for public building,theAd.ist
to the extent he determines practicable- '
"(1) consider all objections made to sny Mach vqgpisition or
change of use by such unit of government upon he. ground that
the proposed acquisition or change of use conflicts or would con-
flict with the zoning regulations or planning objectives of such
unit; and :*. -
"(2) comply with and conform to such regulations of the MVt
of general local government having juriediiton1 with respect to
the area within which such property is situated and the planning
and development objectives of such localg erAMent4 .' rL
"SEC. 805. The procedures prescribed in sections 803 aatOd M y li
waived during any period of national emergency prnaaimei b1r lb
P resident.?' ** '...; ...':" If ,i .h : w !+ ..ri! nr
a a +* ... ,DF ". : .. .. :,...+ i tr, 4 v i .t
A'Sm 806.L dZAA Me.6.
*"s c. 806. Caused in is title r, r n .. + ,* ot .a' ui
goveainment'IWD a tr.t
"(a) '0m -o gn 16a lcal governet en n iv >~y
town, .paris4 Vilage,.,or other general-purpo1 Suoar fia. 1
a Ster L l.+ .... .. +, r, k. q +. r- +' e. ,,: ja+ I jl l-
"(b) 'UTrban area' means- :
"(1) any geogrphical area withiWmth.*risdiction of any in-
corporated city, town, borough, village, otuOthetunit of-e
.lowal ,e xbptoitteOQSIx41 IC4fjS)
,,tea.houuiaaUnotSiMoreinhabitat; q toj I0 r
A. : .:.. I it' ": 'j ": t i'" i bI$Of"" ")




k'E lqAL.t.COOPfRATION 1,


i-';. ". 2" tp)atiortion of the geographical area within the juedic-
Stion ofay county, town, township, or similar governmental entity
I ,. whikh contains no incorporated unit of general local government
Si^ but has a. population density equal to or exceeding one thousand
fitnIrve hundred inhabitants per square mile;. atd .
'i;(" : '"(3) that potion of any geographical are& having a population
,.. density equal to or exceeding one thousand five hundred inhabi-
|r 4.irts per square mile and situated adjacent to the boundary of
*z'L. aI, mcoirpbrated unit;6f general local government which has a
.''po l ation often thousand or more inhabitants.
(cCoiap mhensive planning' includes the following, to the extent
.tetyk related,-to the needs of a ;unit of general local government:
V. '(1) .Preparation, as a guide for governmental policies and ac-
*H. tion, of general plans with respect to (A) the pattern and inten-
e "sity of land use, (B) the provision of public facilities (including
S,. transportation facilities) and other governmental services, and
(p) ZLe. effective development and utilization of human and. natu-
r:af' lraASaources; .
S" Ai g ( ) Loig-range physical and fiscal plans for such action;
i. "(3) Programing of capital improvements and other major
rp-fexiditurem. based on a determination of relative urgency, to-
N grether with definitive financing plans for such expenditures in
"*t 4 'a!e~r1eryea* of the program.
i() ,,(4) Coordination of all related plans and activities of the
$ ate and loeal governments and agencies concerned; and
(5) Preparation of regulatory and administrative measures in
,! i~portofft foregoing.
t 1 0 .. t or
i TITLE V:-REVIEW OF FEDERAL GRANT-IN-AID
i,, ... PROGRAMS
"W T :. "T ,
REVIEOAL W o na-aaw&LWAA
N, "iCO- SaiNAL -OF GtA3T-rT-A]D PROGRAMS
i sn 601. (a) Where any Act of Congress authorizes the making of
g ts-in-aid and no expiration date for such authority has been specd-
'Fy laA~ the% pnor to the expiration of each period specified in sub-
iit.',(b> eaommittees of the Senate and the House having legis-
jt4..." ribiion Over ..such grants-in-aid shall, separately or jointly ,
Ui& S m t es of the program under which such grants-in-aid are
w i de Ad M"it their respective Houses of the results of their findings
#lf h-lWttentionto-..
-*1 1) The extent to which the purposes for which the grants-ii-
', a$idw authorizedhav been ; ti .
~t i 2)i'nfe extent ton whichh the objectives of suchprograms can be
carried on without further financial assistance fronmthe lUnited
S States; .....
4',#i)k:;hethef or mot ,any changes in purpose, diTectionor ad-
i dstration of the original pro am, or n procedures and re-
:0 n pli be th.ereto, sht ilbe d .m b ,' .* *
L-'lhiii%1 tI9Th etent ..~eu su grsnt-in-ai an g-
j to meet the growing and chanWn n p gnaiS aI5
bi dLaigueto support. 'V ) i M r f'
K .. 1 ,.'". i"-
1 .: .


.,.j p





t462

10) (t)A itady to rntia i pm7 tow i u a (a)]
m rlets "sd %WM& an a At o u 7n
th d :Of en nt f thik A allbe conduex
pirmtlim of the fourth calendar year begimul.g Vtw IM daLof enact-
mens of this Act and thereafter pior to the xp tion of urth
cpaleiar year follwing the year during whibh atudy of sch pro-
gram was last oondunted under this paragraph. ,,
(2) A study of a grautri-aidp (a)
applies and which isatorized by an Act of
the date of it of this Act shall be coMd.tp. ir to the
expiration of the forth calendar year following t00.w.fa
of such Act, and prior to the expiration of eOach tark slnda W,
thereafter.
STrUDIES BY QMP1OLLU3 GE3AL OF EDAL OGAUT-flr4: WEAMS
: : : .: ; .
Sze. W02. (a) Upon request of any committee haing jrction
over a grant-in-aid program, the Comptroller General s iake a
study of such program to determine among other relevant mtte e
extent to which--
(1) such program onflicts with or duplicates other grantin-aid
programs; and :
(2) more effective, efficient,.. economical ad unioo admin-
istraton of such program cam be achieved .by ehaging certain
requirements and procedures applicable the ,et.
(b) In reviewing gat-in-aid programs the Qmpprotmer General
shall consider, among other relevant ::mattte bu tary,:
accounting, reporting and administrative procedures app liable to
such programs.. Reports on fnch studies, toget with m0Swenda-
tions, shall be submitted by the Comptroller General to the Congress.
Reports on expiring programs should, to the extent practicable, be
submitted in the year prior to the date set for their epiration.
STUDIES BY ADVIrM Y OOMMSIONM ON INToEMOvzr ATra flLnMNSM
SzE. 608. Upon request of any committee igjui ti nJ
rtin-aid p a, the Adnaury Comisi on, RTInegownmfmtl*
relationss (established by Public Law 86480, .usame adt) a.hmUen-
duct studies of the intergovernmental rela tio s aspects of proam
meinluding (1) the impact of such program, if wy, e strc l
organization of State and local governments and an FedsItS1
local fiscal relations, and (2) the coordination of Fedei madmiat
tion of such program with State and local administration heh.t, and
Shall 7 its fadigs ad recommendations to sah 0tfASttes and
to tleCoges ,:*
PSESK ATEON (W NOU AND SMEATE COMISTS
SIE. 604. Noting in this Act shall be onfudto a..| .
4icticp of oMmpi~twu under t ule ndes of4 .e4 Mtb A&A
rowed October 10, 196I r p S gp K;
"




I&TbvflrMtnwii e6IRATION'


S1;


..... ,. .
1 I hI .. 1
,.** ., EXECUTIVE ORDER 11455
.j" ....... *' ....... .. ... Ln r wua.'a
e 1 -- *.. <.::i : ,,. *..*,., [34 lede Ref.2299] 9
iMBy irtuef of the authority vested in me by the Constitution and
Ai statute. of ite United States, and President .of the United States,
ibfrordered.as fhlows:
rfrmo 1. .lstail~zhent of the Offloe. (a) There is hereby estab-
l6hed the Of&fof Intergovemmental Relations (hereinafter referred
.ton.s "the Oce") The Office phI be under the immediate supervision
oite Vice President of the Umted States.
S(b) In addition to his other duties, the Vice President shall act
as the President's liaison with executive and legislative officials of
...ttte and local ...governments; encourage and assist in facilitating
aimismum cooperation between and among the various Federal agen-
ieW and :such other governments; help to make the Federal executive
branch, especially those sectors thereof having a direct impact on
itergovernmental relations, more sensitive, receptive and responsive
t thi views of State and local officials; serve as the focal point of
$ortsbhy Federal departments, agencies, and interagency councils and
11mmittees to resolve specific difficulties that arise in their relationships
t BalchctiIAs; work closely with and encourage the work of the
Advisory Commission on Intergovernmental Relations; and inform
the Council for Urban Affairs on general intergovernmental issues
I ,? *mftriha kli0l, administrative, or program nature so that the
Council may more effectively advise and assist the President with
Sje Mt urban a airs.
r 2. Ftnwtions of the Olot. The Qifice Aal advise en4 pusist the
Vce President with respect to (1) intergovernmental relations gen-
1 y4 and (2) the responsibilities assigned to the Vice President spe-
fesiHy under section 1 (b). In addition, the Office shall:
S (a) serve as the clearinghouse for the prompt handling and solution
of Federal-State-local problems brought to the attention of the Presi-
1tt or Vice President by executive and legislative officers of State
'id local governments;
*(b) idenxitify and report to the Vice President on recurring inter-
go~ernmental problems of a Federal interdepartmental and inter-
pworam nature;
(e) explore and report to the Vice President on ways and means
of strengthening the headquarters and interagency relationships of
federal field offices as they relate to intergovernmental activities;
(d) maintain continuing liaison with intergovernmental units in
Feral departments and agencies and with the staff of the Council
Ar Urban Affairs, and provide the staff of the Council with infor-
hatiam and maktance regarding issues arising in Federal-State-local
relatio s,;and ,
"(a) .view procedures utilized by Federal executive agencies for
affording State ad local officials an opportunity to confer and corn-
ft; on. redeir assistance programs and other intergovernmental
ue, and propose methods of strengthening such procedures.

nis






I, INEBOVEMEnrruPov faATON|

S. A&.i..wi..e Arran emwe." (a) A p"Ra m t q i
the Vice President shall serve as Disctor of the O .TThetW
shall perform such duties as the Vice President may from time to
time direct.
(b) A person designated by the Vice President shall serve as Deputy
Director of the Office and auis. the Director in performing those
duties assigned to him.
(c). All Federal departments, agencies, interageaycouncils id
committees having ah impact on intergovernmental lions, ad al
Federal Executive Boards, shall extend full cooperatiasd assistance
to the Vice President and the Director of the Office in carrying out
the responsibilities under this order. The Directot shall, upon re-
quest, assist all Federal departments and agencies with problems that
may arise between them and the executive agencies or elected offi-
cials of State and local governments.
(d) The head of each Federal department and agency shall design
nate an appropriate official with broad general experience in his de-
partment or agency to serve, upon request of the Vice President, as a
point of contact in carrying out Feddkral-State-local liaison activities
under this order.
SEC. 4. Costrwtion. (a) Nothing in this order shall be construed
as subjecting any department, establishment, or other instrumentality
of the executive branch of the Federal Government or the head thereof,"
or any function vested by law in or assigned pursuant to laws to any
such agency or head, to the authority of any other such agency or head-
or as abrogating, modifying, or restricting any such function in any
manner,
(b) This order supersedes Executive Order No. 11426:of Auximt31,
1968.


THe WHEr HousE, Febnary 14, 1969.


54 5 *1
Si'

*~ 7j


RlcHARD NizOrT.
*. *.. ". "."


.... V" .
:' : *. .*f t; (-


... .[
.. .. ..1


b IL
II t .... IT- .:d ...'


** 4. 1 ( r fi' i


S .... .. .


'rt n-,c t I..
5 .... ..s: Ifl' Sr' .. (i,,.
!:: *, :: : ." J .






I ~ fj'S ~ 94 I, J
.. ..114 .
"* "i ... i 1 t.. -. ii .." ; -T" 11 **:



". i 1" 4 r.": .....
*' S .4 .,. :f !; :l !r.t [ t Pr. '.. "
* *' .. *i : *-... l !+ T '~ n o *: rr






..p *, : .. .' ., : . .. ..0 "
YI


AI
. ......i *0ft a : .. ^ .M.... :Y !:<:, '. :? '... i .. . r .*, ;

'tPI O.i O1O MANAGEMENT AND BUDGET
." ,"". "I : ..- *^
.. ; mi.4 ) i ... ..) [Rev. Circular. A-95] .:
ai andFederally Assisted Programs and Projects
.:is :: er- I" a K. 4. : I '. *: "
,* tj : -p .... r. :- I .... .. .. -
: ." EYAWATIN KBI W, RAND CooRDINATnON
S..N r: fJ<.:; .. JANUART 2, 1976.
!: Paqseo. This Circular furnishes guidance to Federal agencies
i l t hi State and local governments in the evaluation,
Review, ana coordination of lederdil and fede:tally assisted programs
aid.rojeetsfTe Circular promulgates regulations (Attachment A)
k llrop4 Pjt. f t for:
Al ltOfEL te establishment pf a project notification and re-
tiew sym to cilitate coordinated plvinning on an intergovern-
. mntal. basis for certain Federal assistance programs in furtherance
ofSect6oh Oof tlie Demonstraitin'Cities and Metropolitan Develop-
r tn Ar t.f,66,.nd Tit! IV pf the Intergovernmental Cooperation
S8' .. .(Attachmient B).,, ,
b."r.atiqan f direct Federal development programs and proj-
irea we "...i i pl, manning and programs pursuant
~~~ ~ p ... nnin.g ,
SntergoverImental Cooperation Act of 1968.
,b.iecurng the' coniments and views of Statq and local agencies
lcha r autJxrizd ato. jieelov .l enforce :.environmental standards
p W.e.ta o fedqa y aMsiste pt6rojects, affecting me envi.
k" i.".purnant ,to.'sect -n61Q2^2) C). f the National Envi ron-
6l600j.AIet:4 I
W.U.pEollcY ($t,1909 (Attachment (C)) :and regulations ofthe
l fie Tie .of titlee VI of the Civil Rights Act of
L'[J K I .-..... t-Fl : .. *. I :: ,:. .. :. ,. .. ,.. :; :*,
rid ,uqPqqrse d Circular No.AtD.5. (Revsed), datk N*, -
II F..1 i" RsISiIS1 Vol. 38, No. 228, pp,
P. 2... ... 23, 1.... t will" .eomey ffecti.e F.bipary
Iteitt.i-"? -"' ;e i. .g ,i i .! '** r .' *.>..*.* "* .: : ,
2. jas.. 4This Circular has been prepared purnuant.W: ,
j #4iJ Th4Qo( h$erof siig*~ernantaj 4 plalo At "I
MekaP'tNldraM Sajkt W # establish iseg and redulationu govnenig the' fa-
6lllA~l4( vtkowI audtiMtWioof Feral progralftns and projtf4V clayikg a
PW~~yP=Lja C Rmwfildelopmeu,. ,^
SI P11"iUk*s Memorandum tfNovenber 8, 1968:, to thl Director
o:ti~. m si rtttli&e Budget 4FD-EAC RG V 33, o 221,
NomTCbtd4ia16 wS* c proruide4 L j: U' J l t.2.
flB tfrtda of tIeiuathaity 7estl in m 1by7 tion O1 of title 3 8f the fOnited
BS taAJOkwimdt Bl~laflak44 *)pga) *Sm &1WtJi.M^ Act of
typ the thAeted in t.p
I t
-l m e41





OFFICE Or HANAGU. llENT AND aOT


having a shignfcant impact on area and community devdoiEmmtMlflbgt p.-
grams providing Federal assistance to the States and .caUans, p 04 thbat
they shall most effectively serve these basic objectives. .,:
In addition, I expect the Bureau of the Budget to generally o&rdtiibat t6
actions of the d ients and agencies in exercising the new authorizations
aProvided byons ofoermn Joopjpt 6. 14* W100E at
dlatent and uniform action by the Federal Government. :-
b. Title IV, section 403, of the Intetgovernmental Cooperation Act
of 1968 which provides that: ,a ,.
j.r ". L& "
The Burau of the Budget or such other agent U th
President, is hereby authorized to prescribe such rules and eA As ae
deemed appropriate for the effective adminlratta t09 SS ... ., ,.
c. Section W04(c) of the Demonstration Cities and Metropoliftan De-
velopmentApt of 1966 which provides that: 1. II. I a.. ,.
The Bureau of the Budget, or such otoer agency as be:
the President, phalI.prescribe such rules and regulations as ie deaiipdaiit.i
ate for the effective adminnstrdtlon of this section. '. .' .* I 4 4 '
d. Reorganization Pln. No. 2 of 1970 and Exe.utive w. .t i
of July 1, 1970Zwhich vest all functi..s of the Biren oi the't dM
or the Director of the B qureai of th Budget in the: t-iptl*Wt
Officeof Management a4d Budget i'
3. Coverage. The relations pr...u iUated by this Oirculn :C tt*. :
mentA ) wiihaveappleabilia .y: ,. L.....,, ,
a. tlnde Part i, to all prorectd and activities (69 s" ^^
stantive changes therrto) for which Federal assistance is us ft"
uwder the programs listed hi Attachment D or A tdit .' ft"
Catalog nof F iera2 o tkAwite te whichev erStaV iat*id't
Limitations and provisions for exceptions are noted t1e9in or upd&
paragraph 8 of PartI. i..' L *L ,
b. Under Part TI, to all direct Fderal' detlojpientt 'ivt.M na
eluding the acquisition, use, ana disposftl of Fedesal'el a1 in
addition, agencies responsible forw grating Fcenases Si& pryi t Wf"
developments or activities slkiificantly affectih aMe am4d cdth t"x
development or the physical environment are strptI01l? ',rked o eatb
with clearinghouses on applications for such litese0r tt e *..
c..Under Part III, to all Federal programsas listed in ppndiAR
of the Catalog of Federal aDomekA so teftw, 'r tirflh:t'a .&te
or administrative regulation, a State plan as a eeditio..orf a ide
d. Under Part IV, to all Federal programs prodint et&
State, areawide, or local agencies or oirganiza"tions for tIJtij
tlonloor areawide planning. 1 a i d i a ..
4. "A-U.Sf What It Ie--7owN fWo A Nfle qBseusli~of oke
background, purposes, and objectives ul the oCreblts otthe.
qjuimmeats promulgated thereunder maydbe feund iai liea bwiochure.
"A-95:.What It I-I-How It Works," obtainabler frobi the O( (o4
Management and Budget or from Federil Region! tho'M".Sf% Wti :-
5. A4596 Ad.MAJstritwe iNotW' Fraur time totim niBStilhlhm
"A,5 Adlministrative Notes" providing in tain
terpretations on matters of national fimop sucth ii liT
th e PkSc1lar.I4 9jT ay. 4jyl a '^ g*a's*o i n
ofd Ped alo Reo mdaJ Oe.O. Enl ed sItegicM iafl~madkx=
sible frm oeOrdinstine the'nimpl u tn W trats
d.Under-" Part M,-- to..a.l W..e. .




tioncs ortivnawi pa4..
B.udge :,T hat ep it[*Hmorp hlic on ghtA'ot rsumu W


Sig




Q M^tAL flWNVA .ANA BUDGET


a$,i(wgency laison officers gpn. matters of national
scale related to the requireautso thp Circular.:
ar jTrq" ?p ntM *ooedures and regulations. Ageri-
s l, ternpc luresan d regulations implementing the
....ii"e"iet~pf this Circular revision which will become effective on
ibnM ,y %$ &.9 het4hrUres wnd reg!.ations will be
puWsh tMi4h n. Rww ROGI[ornT no later than February 27, 1976.
AgeI w lwtpomlgate final implementing procedures and reg-
waM n thuan :April 29, 1916. 0MB will assist and cooperate
with agencies in developing such procedures and regulations.
r:; a^squiwe lTquirie concerning this Circular may be addressed to
tbi laLA495 Coordinator for tho appropriate Federal Regional
CGounl to rtlIe Ofic of Mknagement and Budget, Washington, D.C.
RE50O.fblepbon& (202)4M-3Q5803.
I du o JAMEM T. LYNN, Director.
r : ; . '
Ain :nnr;nr Aa mrMT, z.A-r-CioUAR No. A-95 RzVsED
ruetib rse S w of the. Demonstration Cities and Metro-
7xbtitiM^h dopient Adf of 1,96, TitlU IV of the /itergorernmental
Qoqjerati Act. of 1968, and Section 102(2) (C) of the National
* : :c --'* iY.- --. :; *'* ., T : s *."-S> ".:,.., | ," : w ,- = : .
A, r : PROJECT NOT'CAltr -AND ))fliMW SarSM
.t ... }. ...^ ^ .. ., .... ," = *: : *
- .Anp. o.r-Th. ppppoe of this Part is to:
o teftSrtheith, .ieids;s and directives of Title IV of the Intergovern-
tM*AatbaCei'bpah Act of 1968 by encourging t4e establishment of
af nt*Ork of State and areawide planning and development clearing
h nehi x ,Wniid inthe coordintion of Federal or federally as-
.:'d d gpm with State, areawid% and local plan-
I idrbbthid development.
:i5" brid te; Iments or ? section 204e of the Demomstration
& If lhpolima Development Act of 1966 for metropolitan
"=ft wiihiathsttii=etwark >. = =. -*%m=: "= .. :,::
.." qurtments of section 102 (2 (C. of, the Na-
l Act of 19 which require that State,
| "o~ b#1ima"es wtich are authorized to developam
Wi OLs eenvirottanl standards be given an opportunity ta comment
a Mt, aA at" a Pedbral or federally assisted projects.
9W.. WI4W Itlslie ashele- chted, with enforing or furthring the
^ttte ^nd local ci tt laws with opportunity to
artiae#wniew process e tablshed under this Part.
AbBPub of wolyconte3t- betwstI applicants for
d ta d lo2l government and agencies, an
'ot irgenenof tilco-ordirntion and review of
MiI,


os( .






project isto be located of its intent pIly as:i!.t a tow
as it determines it will develop an.:'. d p tI M2- W
,In the ease of applications for pMJctsflvolin lad A e
Mnid development or construction in WtWtional Ohg:B
defined min section 1l(b) of the Natio4d OItal Pafnflt l
as Amended) a copy of the notificatlt si be s tx't & toIdn
Capital P1kning Commission (NM )in adddtiorrE 'wee10
clearinghouse and the appropriate State cleling4 5* CPeff i tie
official planning agency or the F gdeai Governmeit LL% b Ntkmal
Capital Region. -,yf i t..... :. : :. ,;
In the case of an application in .ay Ste for s aeitvity&a4 is
Statewide or broader in nature (sufi as f&otnriu us'tfed f wmrotsi
and does not affect nor have specific applicability td aiaL*ide oI'oerl
planning and programs, the notification ned be sent oaly **iSk i
clearinghouse. Involvement of areawide clearinghouse in the .review
in such cases will be at, the initiative of the State clearinghouse.
Notifications will include a summary defAibon dfthe project for
which assistance will be sought. The summary description will e0-
tam the following information, as appropriate' and to :-t' e4t
available: l .. .
-i "I J ^1 .. . : .* -". '. .a ^ *^" ^ 4
(1) Identity of the applicant agency, organization, Ord a.
(2) The geographic location of the project to be assitei' A map
should be provided, if appropriate. .+,. ::
(3) A brief description of the proposed project to be assisted. A
map should be scale, estimated cost, benefieiariej4ltt ictsr-
istics which will enable the iBclearinghouses to idetn., ag ei fitate
or local government having plans, programs, or..pj^Iect tliaght
be affected by the proposed projects. r <+ t f
(4) A statement as to whether or nottheS ppllamihasbwradi
by the funiding agency from which assistance isbbingsmgihttautie
will be required to submit environmental impact ilmfrion t-
nection 'with the proposed project. ,i ; gi j am w :tyo r+ .
(5) ThePFedetal proiram title and number and dge ktdr ah
assistance will be sought as indicated in AttA Umtied iiltku lat*t
CVataZgnIof Fender Dom-eutic AaistatwK.- The t^bgis 'tuid. C-
nually in the sring and is updated duzist ;tjhx larh th
pograms not. aitted therein,, prgrtmswi. ,*atdeati e4 bbWhMMf
Law number or U.S. .ods.citatioau, I ,.. : Alf+ .: fnlfE- h'4A:. 1 oij.t
(6) The estimated date the applicuat npn htio b S
application. Many clearinghouses 4aYb developed 'notifristno s
and instructions. Applicants are uAged to c.antw4 t. i* .. ..
for such iformatioj i :order to expedite flftj#YiI|..
b. In order to assure maximum time. for eptig ,f l
so as not to delay thiamely subm slo osp.theiA 4
to the funding agency, notifications joa^.g q ..... ^--+r-
mation indicated above should be sent at the ears A'H
c. Applicants from federally recognized
to the requirq"eents of thi Jjart. ::-HpwI"e.
tarily participate iN the Project Netqiioy 3 %
*re encouragdito dqo sI oflTeragldep dvso." -
State an4.rea'wid'e ce~zho. e~(
aIlvyrecoguzed Inditn tbs .poA
recognized Tribal Govetnmeut has es ehm
ordinating the activities of Tribal departments, division IIIpjrs,

(OD




'orridt (,r ;MANAOBnI^2I Af BUDGET
ad entities, FedeMligeencief will, -upon request of such Tribal Gov-
enment tgtisii~~e t rough the Office of Management and Budget,
ur' that ` applications for assistance under programs covered by
fils Pa'f..o(such Tribal departments, divisions, enterprises, and
Qptiti$, b object to review by such Tribal coordinating mechanism
a thjdrj J it weVre a State or areawide clearinghouse.
-A3. uhermgnowe functio&n. Clearinghouse functions include:
Ia. Evaluating the significance of proposed Federal or federally
iedM .ects to State, areawide, or local plans and programs.
St e and ving and disseminating project notifications to appropriate
"t ilanlf multistate agencies in the case of the State clearinghouse
ad to propriate local governments and agencies and regional orga-
i^tiiacnhsin the case of areawide clearinghouses; and providing liai-
1 l as may be necessary, between such agencies or bodies and the
rpplicant. In the case of units of general local government, notifica-
'Wtns of all projects affecting his jurisdiction will, if requested, be sent
Stbth hief executive of such unit by the areawide clearinghouse or to
i hohahtral agency as he may designate for review and reference to
ippropinati agencies of such unit.
' c. i th case of projects under programs covered by this Part
loeateit in the coastal zone, as defined in the Coastal Zone Manage-
mmeit Aet of 1972, assuming that the State agency, if other than the
Stjt llearinghouse, responsible for administration of the approved
....... for the management of the coastal zone, is given opportunity
to review the project for its relationship to such program and its
Srysistetcy therewith. ./ ,
A:,d* -Assmuring, pursuant to section 102(2) (C) of the National Eavi-
Wmentl Policy Act of 1969, that appropriate State, multistate, area-
*i4 M)local agencies which are authorized to develop and enforce
environmental standards are informed of and are given opportunity to
6ewjPand comment on the environmental significance of proposed
. ojeM fo1 which Federal assistance is sought.
16 l1tviding public agencies charged with enforcing or, furthering
thorobjentives of State: aind local civil rights laws with opportunity to
eW mand comment on the. civil rights aspects of the project fQor
f-whlih assistance issought.
botijitoviding, pursuant to Part II of these regulations, liaison be-
tween Federal agencies contemplating direct.,Federal. dbvelopmnat
mjects tnd .'the State or> areawidAe agencies or local governments
laing lans or programs that might; e. affected by the proposed
Sg. In the case of a project for which Federal assistance is sought by
wdal'putpose u3it of local government learinghouses will assure
mayP-.bui of general local. government having juridition over the
are in which thelproje t isto be 6wsted hmas opportunity to Confer,
aWNMWtmdtoxnmmit hpon, theprcjeuaid the applicationp
M WiBtewidd i3 usajsdictionz -n:contiguous;co-
OmUB*I^b ariintieaatnhouid bxsimblaishsd bettees the clearing-
f eub ink such areas to assure that projects in one area which may
N! MIMkM Un -the. deropmentef A ceatigubus fea &re j.,ointly
t t A 63ommentstanx ieonifuidati6nr made .by or through a
*hNpoty ppnliation r a j.t1n chutigubus -arm will accom-
Sapplication for ssistanceM tha E





03WG A MWNAQRMRNT ASP WDGRT


4. Oon7itlatwt e-nd.4 WrW. State. and arwild cal.s; rf
may have a pDiod of 80 days after receipt of a projct n i
in which to inXorm State and .rlutjtate.- afd loa Orl,
governments or agencies (mdchW.aimes an diolt
grps 9c,4 :dad e, above) that e red p4kp6
-affstedWth. pcpopoJt
and arrange, as may be necessary, to consult with the appt, 4 thre-
on. The review may be completed thi,- period mad my
be submitted to the applicant. \
b. If the view is not completeW i 4ig this period, t dlang-
house may work with the applicant.nie resolution of SlMs
raised by the proposed project during tihe.period in which. te apli-
tion is being completed.
c. In cases where no project notificatin has been submitted an t
clearinghouse receives only a completed application, it may biavA.O
days to review the completed application. If a completed application
is submitted during the first 80 days after notification habeenb-
mitted, the clearinghouse may have .30 days plus thenumber of dayp
remaining in the initial 30 day notification period to complete its re-
view. In all other cases, the clearinghouse may have 30 days to renew
a completed application. Where clearinghouses haes not completed
their reviews during the 30 day notification period, they. ae stoVngly
urged to give the applicant formal notice to that effect Whearerews
have been completed prior to completion of an application, a in1or-
mation copy will be supplied to the clearinghouse, upon requtSwlw
the application is submitted tothe funding gency.
d. Written comments submitted to the areawide cli by
other jurisdictions, agencies, or parties will be included as ttaheits
to the comments of areawide clearinghouses, when they are at variance
with the clearinghouse comments; and others from whom cmnt
were solicited and received should be listed.c K: '
e. Under some programs, applicants-primarily negove0nnentel."-
are required to submit confidential information to the fMnding agency.
Such information may relate to the applicant's financial tatus or
structure (e.gh, overall investment program or holdings); to perar
nel (e.g., personal histories of project officers) or may invox rprprh-
tary information (e.g., industrial processes, research idea. Suah cm-.
fidential information need not be included with appcations minted
to learinghoues for review. -
f. Applimcants will include with the completed applictin a sab-
mitted to the Federal agency (or to the State agpey in th M.of
projects for which the State, under certain programs has fial
SPI,
a(1) Aneoommtsndneoommendia tionm maciLbya ti
ighouse, aong with etaement that Atch mma.enis hpw bWn
considered prior tobWiassonof theappncaftion;tore
(2) Where no comments ave beeu Piwd -ae tu
a atemIt thut the procedures outined in tiIs etioudnI e
followed sad that no :ome.ts eeona.i. e
received. ..
o. A2rIlqZt: for rein)fI or caaotin.satib gra.nt. ctrapjaeu ET
fta ssd ilovr acmed o by the AI menoY wit'"
after completion *f clearingh& 01L h2 sbjektto Zl
upon request oftlsdeauIngboms. ,; aili '(pst;


*822




Wfl QB. MAN&GUIWM AND BUDGET
1 of comeWWts cad recommendation. Comments
aid rewm nations made by or through clearinghouses with respect
to any priot are for the purpose of assuring maximum consistency
osuch. prXo. with State areawide, and local comprehensive plans.
y are "iaitended to assist the Federal agency (or State agency,
.qa projects for which the State under certain Federal
ras4 int b project approval) administering such a program in
lnin whether the project is in accord with applicable Federal
w, particularly those requiring consistency with State, areawide, or
IOqcA plans. Comments or recommendations may include, but need not
4IFe ia to information about: .
' a. -T extent to which the project is consistent with or contributes
i iiW "" filhlment of comprehensive planning for the State, area, or
o '16ie extent to which the proposed project:
S(1).: uplicates, runs counter to, or needs to be coordinated with
fhert probcts or activities being carried out in or affecting the area;
(2)Might be retised to increase its effectiveness or efficiency in
1tlas,&Wt t.o other State, area, or local programs and projects.
h c.Te extent- to which the project contributes to the achievement
of State, arWlde, and local objectives and priorities relating to
Wt 1 f anlfd human resources and economic and community develop-
met as sp~6fied in section 401 of the Intergovernmental Cooperation
stof l968, inelUging:
- (1): AppWpnate land uses for housing, commercial, industrial, gov-
.menfLUnt; ntitutional, and other purposes;
* (S) Wise development and conservation of natural resources, in-
ldtng land,. water, mineral wildlife, and others;
1 (8) Balmand transportation systems, including highway, air, water,
d.stri mass transit, and other modes for the movement of people
4ad good,
,. (:: AdeqAate outdoor recreation and open space;
(5) Protection of areas of unique natural beauty, historical and
uaisiitib ihtarust;
(1 (1).'Ptperily pimned community facilities, including utilities for
applyy t power, ~Lters, and communications, for the safe disposal
of design.
.MA1 Asu.; rded unR& seBti 102(2) (C) of the National Environ-
mental policy Act of 1969, the ertlnt to whih the project significantly
Wiffn AM'svvinrm6t oling consider ac:
~, i) M svfrntxaittimaetof thib prpesdrr~cum,
"ni(.. W fl.y t vort.ntal effects which cannot be. avoided
(S)_Aternt]^(!|^mp leEDited;
W .PtoP bedtdjae pnqeot
*41) $1thW w l al shont t&e.m uses of man's envi-
I#"44d* l miaitsua ald alhanouimbnt of long term pro-
""&
4J; l: ^ ,t ;MJ''- r : .*',, .: i '; L .. .,,. '!
Sfib d ierw l commitments of resources
S would be involved in the proposed project or action, should it

iAe'eiievgpasource supply and demand.

I -64-78-. pt ;l 4i '::
2M7478-p 3--. : 23





OFlCEU OP MANAGnE ttMENT AN12 EBtGET
The extent to wh.ch people or businesses wi l'b -' laa.
the availability of relocation resource,. th. .o l ..
g. As provided under section 307(d) of the Coastal $
ment Act of 1972, in the case of a project located iniu th st.'zi
the relationship of the project to the approved Statgf
management, o. the coastal zone and its consist'y: .
h. Th extent to which the project contributes to tix lul 4
patterns of settlement and delivery of services to l ( of tli
area population, including mmoritj groups.. .
i. in the case of a project for which assistance is ,beine ug yL
a special purpose unit of local government, whether theuit 1 general
local government having jurisdiction over the area in which ti4 proj
ect is to be located has applied, or plans to apply, for assistanS.eor'
the same or a similar type- project. This information is necsr
enable the Federal (or State) agency to make the judgments required
under section 402 of the Intergovernmental Cooperation 4o qf. 196.
6. Federal agency procedures. Federal agencies having program
covered under this Part will develop appropriate procedures for:.
a. Informing potential applicants for assistance under s s prot
p lcnsudi' pro"
grams of the requirements of this Part (1) in program information
materials, (2) in response to inquiries respecting application proe-
dures. (3) in pre-application conferences, or (4) by other means w11i.
will assure earliest contact between applicant and clearinghouses*
b. Assuring that all applications for assistance under program
covered by this part have been submitted to appropriate eeasring-
houses for review prior to their submission to th funding agency.
Applications that do not carry evidence that both ameawide.ndcState
clearinghouses have been given an opportunity to review the applii
cation will be returned to the applicant with instructions to fulfill
the requirements of this Part. Agencies will insure that all a4p1
cations contain a State Application Identifier (SAI) number. (This
is mandatory for use in notifying clearinghouses of action takpn on
the application.) .: ii
c. Notifying such clearinghouses within seven workingday. sta
major action taken on such applications that hav been. weviwSd by
said clearinghouses.. Major actions will include awards, ,rejetiui
returns for amendment, deferrals, or withdrawals. The standard mi-
tipurpose form, SF 424, promulgated by Federal Maiagement Citcu-
lar 74-7, will be used for this purpose, unless a aver has been
granted by 0MB. (See Attachment E.) '* '
d. Where a cleatmighouse has recommended ait approval
an applications or approval only with specific and major nstaM ive
changes, and the funding agency approves the application su-anM
tially as submitted, the funding agency will providethe clearmgiMhOu
along with the action notice, an explanation thieefor. :I
e. Where B clearinghouse has reoommended'gaint potat f a
pmectbecause it conflicts with or duplicates another Fdb& r S-
erally assisted project, the funding agency will conlvt Wit the
agency assisting the referenk eprojeots prior t. .etngaif.plaU.t.o
approve the application. : MI.:' : : u1 .Hi :
f. Assuring, in the case of an application submitdtal, 'tpt
purpose unit of local government, where accompanying on)hte:in-
dicate that the unit of general local government having jurisdiction

82 4 ii ": : ': T- :': "




"W WM^.AGEDMIT SAND BUDGET


"ovi!the AteInwieh the project is to be located has submitted or
lans tod sbiit an application for assistance for the same or a similar
type project, that appropriate considerations and preferences as spe-
4ed inHstl$ 402b the Intergovernmental Cooperation Act of 1968,
are ccorded the unit of general local government. Where such pref-
tere c~~fiot1be so accorded, the agency shall supply, in writing, to
Se* iiit 6 general local government and the Office of Management
And Budget its reasons therefore.
"* 7. Hoiw g'f programs. For housing programs of the Department of
ITioismgnd Trban Development, the Veterans Administration, and
'*i Mardeijsiompie Administration of the Department of Agriculture
he 1ofolltw1n procedures will be followed, except as provided in sub-
ak" f s .. pc re wed
-~ nr~ihd bet*':
S:aS.n .pptopriate HUD, VA, or USDA/FHA office will transmit
Srt ths appropriate State and areawide clearinghouses a copy of the
Ji ntial application for project approval.
h b.'-Aearinghouse will have 30 days from receipt to review the
aIlt fmi-ikk to fowtrd to the HJD, VA, or USDA/FHA office
any :mtents'*hich they may have, including observations concerning
SIhe ddaistehfybofthdi proposed project with State and areawide de-
velopment plans, the extent to which the proposed project will provide
% ouitigjbpportdinities cot all segments of the community, and identifi-
cation qf major environmental concerns including impact on energy
iBs1*e sppI~y'anid demand. Processing of applications in the HUD,
VA? tr t JSDA/FHA office will proceed concurrently with the clearing-
c. This procedure will include only applications involving new con-
?ttUctioi or subsetttfial rehabilitationi and will apply to applications
*r LQ loan guarantees, mortgage insurance, or other housing
assistance: '.' '. :
,- %&pq, U"rbrntzed Areas as defined by the U.S. Bureau of the Census
(W *pih A, 1970 C:nsus of Population, Characteristics of the
Population or Characteristics of Housing), to:
..'..i- 'W^TedimonscawilgW Or more lots. :'
YlmxdSMaily y^ec ts having 50 or more dwelling units.
bi.ehofiie u/ with 0 or more spaces.
j.Ce Oltego o4ms ,vidM untler the debt service or direct loan
.tudentl ramss fs1, 200 bf -tiore students.
^hliingll!0or more lots.,
S(b) Multifamily projects having 25 or more dwelling units.
t~j~;Mdile dv~liwt~i ith25 or mored spacees.
I ,4I ho6.tiiw j~PftwVided tuider the debt service or direct loan
pngmrfariOO aJEW Mnu ewta'
4, .t the'. a a. P
F tflrnf fe f, the above pftcedure, the developernay sub-
~t~iWN*N ,klhW4r'ti ` to thVvtsppriate clearinghouses prior to
sbnittik .it 'to the Mdafig, ey.. I. subh cases, the application,
tga.tofth PFedea"T .geny, will be aomipanied by the
t emnptgon- : Applications tor additional units in a subdivision sub-
alttl, L withc "r arnd sewer facilities,
.* : hre ia)l aft exempted from this're fil t"h : "
r .. *: : r .. .. .... : :, :





bS w a SllS mis


(1) The subdivisiMn was qprovest nd/or nooalt if;
private unit of local gove6n &withite years of tiw.r pp4
submittal; and' k: "%. 14
(2) In cases of subdivisions appw *mo tei tRw* p4 ,
the clearinghouses waive the fqu e ,. ; h ,.
This exemption does not apply to applications for :ng
undeveloped subdivision o inOr. :: K kr
subdivisions. 1f of..x' t Ii r *
8. Coverage, ex8 ptionsgm a ana4 W a. Generally, t.4k of
this Circular and the laws tawlbi i&t'.i tlased are c 4....i
programs providing finaniu 6iD projsut mwe
which have a n impact on Stteawiamde,aid locah dvom _
eluding development of natural, economic, and humqai
Part is concerned with achieving the moet aff active and Oi qtiZ-
tion of Federal assistance prog is through coordinaUMion'mong a
between Federal, multistate, State, areawide, and local plans and p
grams and the elimination of conflict, overlap, and dupliation of
projects and activities undersuach programs. Coverage n thisA
Part includes, or will be extended from te to t im sW d p-
sary and practicable to include programs bearing upon th cenp
and objectives. i ,
b. Programs not considered appropriate to this Part arpgp.j.
of the following types: .i i
(1) Direct financial assistance to,individuals or fa- ile for1us-
ing, welfare, health care services, education, trying, eo..m.e ,at-
provement, and other direct assistance for individuals ta ly
enhancement. .
(2) Incentive payments or insurance Lor private sector activist
not involving real property development or land use and deyelomnst.
(3) Agricultural crop supports or payments. :
(4) Assistance to organizations and instutittons for the proid4n of
education or training not designed to meet the needs of spef indi-
vidual States or localities .. ... .. "
(5) Research, not involving capital construction, which nal
in scope or is not resigned 1 to meet the needs or to addueM
of a particular State, area, or locality (exc6.piA t. caIe d0on-
stration or pilot research programs where pror ma- havw a iq.pct
on the community or area in which they anre sung condated),
(6) Assistance to educational, medical, or si : lairs0attttIo
or agencies for internal staff development or. 4n.gemfi ...1
ment purposes. :. ., n." ..
(7) Assistance to educational institution0nsfor.jil,
of a school's regular academic program ad arehot'et-4 ty io
programs of health, welfare, employe R, or otkqr souM srip
(8) Assistance for construction involig only rt mnai ae,
repair, or minor construction whioh dos not dOn t .fl'i tib
scale or intensity of use of thatruoctainor.. aity, i i.i.i.i.
Sc. 0MB will consider Federal. agw irn t.fl te of
certain classes of projects or acti ,a. ato pvOrf
covered which: L. c ... '.ii* i v *:'
(1) Meet any of the above aharawut Afpraa -i
for coverage under this Part; .. (.*:,' ^i'fiti'
'3.lnia lBMaL .


8286


..Mmm






(1 .re '6Ie'&al.scale or sai or atebaighly localized as to impact; or
0 V(8) DlaA be r cacteistics which might make review
0 ''
MR ill :msider Federal agency requests for procedural varis-
I s from monial reiew processes :
S-(1) On a temporary basis for programs with time constraints
ibr eightt rabodut beise of sztA up requirements or other unusual cir-
ctances beyond tAe control of the funding agency. (Note: Delay
in fund availability is neb.normally an acceptable reason for a varia-
tion. When a delay is anticipated, applicants should be instructed to
have their appliatios reviewed by clearinghouses in readiness for
submission when funds become available.)
S(2) For programs where statutory or related procedural limitations
mkkt) Uth ~'tWtAieview;processes impracticable.
e. All tqusts from Federal agencies for exemptions or procedural
variations should be addressed to the Associate Director for Manage-
mentti Operations, Office of Management and Budget
",f. Idivitial ulearimghouses may exempt certain types of projects
rom. review for sons indicated above or for other reasons appro-
priast to the Stats or area.
g. Applicants should be made aware that, in various States, State
ltw-:reqme review of applications for Federal assistance under vari-
Ous programs not covered by this Part. Implementation of such laws
it enforced through State rules and regulations, and applicants are
Wtid to astertain theexistence of such laws and to acquaint themselves
wit applicabUt State proceduresw *1
.-4 Jn m44 Applications for assistance to activities under the
.TWKt JIuadiug S pifinationAt (P.L. 93-510) or any other joint
fundifig authority, which involve activities funded under one or more
Qf the programs covered under this Part, will be subject to the require-
lbl01tbuhiaPart :,
4 1t10, Agmfy pron a and regulations. a. Proposed agency pro-
eodures aAd egiations for impimntg the requirements of this
h vtilli e b ish in the FDEBAL RMEGISTR as specified in parar
gu n of ti Circular. Programs to which the procedures and reg-
lations will ppwy will be cited by their numbers in the Cataoq of
Kedfyip D~aswtw Msistaowe.. Where such numbers have not yet been
sp,^ grsaunsR be referenced by Public Law and section or
tjiaS Nuqueat amendments to such procedures
S 4ll ppublished pursuant to paragraph 7 of
ti^ ^^ ^ ^- : :r(<:' ,
o. a pitit ofsuch p rOowd
bAV1af such propose procedures and regulations published
,, .S ru, qpManIRg .may identify specific types of proj-
f 1 bWisoye sh~pld be exempt from coverage under pro-
D..oSPd nko edu re....o and regulations are being pub-
iJ to w rniti & fomal request for exemp-
9RM .%N Of M.... ent~.~nd l to wc it will respond
l ,.ifa. .. prP< pceres and regulations.
".1 fp *era'.j .wth agencies in developing such
S.... for^ implewentation of this
I t1'^%4ns1 sad Zreglations, will
B get Ii tbr & f.the Office Mof Management and
Budget or Management and Operations

907


(y for .!,BAEMSN'AND BJMGBT,





Oman tr MAN TAM R


11. Reports and. Atiesi te Director oftt O
agement and Budget may require rort, from en toto on 0h
implementation of this Part. .
b. The Office of Mtnagement ad Budget will maintain a s
tribute to appropriate Federal agencies directory o State and area-,
wide clearinghouses. .- j .. .
c. The Office of M.anagement awnd B mill nwotify.edeW.
gional Councils, clearinghouses, and Federal agencies of ahy coeped.
categories'of projects under covered programs. ; .. ;*o,
: ; ';;'' j,;.^ s'. hi r .!u:. ",.[, ,;
PART I I: DIR) T' FEDERAL DEVELOP E .... t
.- r ** | ^ :i "* r ,
1. Purpose. The purpose of this Part ise: .
a. Provide State and local government with information CP pro-
jected Federal development so as to facilitate coordination with 8tate,
areawide, and local plans and programsL I :
b. Provide Federal agencies with information ean.th .rela.isn.ip.-
of proposed direct Federal development projects andrsetivities to
State, areawide, and local plans and programs; and to aur.n maxi-
mum feasible consistency of Federal developments with State, areami
wide, and local plans and programs. '
c. Provide Federal agencies with information on utV possible impact
on the environment of proposed Federal development. .
2. Coordination of direct Federal development pu#je.ts with State:
areawide, and local development, a. Federal agmcieg having respond'
ability for the planning and construction of Federal buildings aic:`ha
stallations or other Federal public works 'or development or fr the
acquisition, use, and disposal of-Federal land and rea! property wi f
establish procedures for: ."'
(1) Consulting with Governors, State and' areawide claringhousesy
and local elected officials at the earliest practicable stage in project Ot
development planning on the relationship of anyfIlap or prejeet to the
development plans and programs of the State, rear, or locality in
which the project is to be located. In the case of prbjbts in thef Wg
tional Capital Region, such consultation should be undertaken iw5- ;
operation with the National Capital Planning COoiinni6n. i ,'K
(2) Assuring that any such Federal plan orv.tyiect is dsnist6it or
compatible with State, areawide, aid local .db kpmeittl'svtd
programs identified in the course of 'suichn- -n titwi10s.
will be made only where there is clear jrtilftlb i 1on. 6 B
any necessary inconsistency or incompatibility will ,bePiH dcd,
writing, to the approprate c.earinghbuses'. .'
(3) Providing State, areawide. Ind ':l'at "U"t4 iW1 t t
thorized to develop anA enforce bnIt~nmhlsn*sf
adequate opportunity to review such FeT ?$a.T al.aed"pu flti
ant to section 102(2) (C) of tnbtC'atio atjn oh ,tct4itt
of 1969. Any comments of seich ''pie hti
mental impact Lstatement submitted t ... .......
i -i _k i"s : ." '. ; :f': i :.: ^A!.i* ( f y ^ *:~i'fS t :::,,:w%' 3"'
(4) Providing, In the case of projeetQ in, Oft
the State agency responsible for admim anioth
gram for the enc f I mSIent brfhi:
reviewth'r' O h e "
its consistent r .. r; lii yI.r : i:L -ml Js~br4


'Bl oil Aff




O'FlC3 OfMANAGEMENT AND BUDGET
E w (5)}, ]?'ing, through the appropriate clearinghouses, Health
Systems nAecies and State Health Planning and Development Agen-
qsdesignated pursuant to the National Health Planning and Re-
s.UIrIDeflopment Act of 1974 with adequate opportunity to review
Wderal projects for construction and/or equipment involving capital
expenditW'-e exceeding $200,000 for modernization, conversion, and
Sxpansiodof Federal inpatient care facilities, which alter the bed
cijpacity9, r modify the primary function of the facility, as well as
Sl 1is for provision of major new medical care services. (Excluded
are projects to renovate or install mechanical systems, air condition-
ing systems, or other similar internal system modifications.) The
agencies are expected to evaluate proposed Federal projects for con-
sistency with areawide and local health delivery plans and health sup-
Spl#desamuid situations, as well as considering clearinghouse comments
on i such specific points as those listed in paragraph 5 of Part I. The
con mments of such agencies and any clearinghouse comments will ac-
Scompany the plan and budget requests submitted by the Federal
agency to the Office of Management and Budget or a certification
that the agencies and clearinghouses had been provided a reasonable
tI nme tocommeat and had failed to do so.
B: 8. Use of clearinghowes. The State and areawide planning and de-
velopment clearinghouses established pursuant to Part I will be
I utilized to the greatest extent practicable to effectuate the require-
ments, of this Part. Agencies are urged to establish early contact with
Solearinghouses to work out arrangements for carrying out the consul-
ttion and review required under this Part, including identification
of types of projects considered appropriate for consultation and re-
ieW. Clearinghouses may utilize criteria set forth in paragraph 5 of
Part I in evaluating direct Federal development projects.
4. Federal l licenee and permits. Agencies responsible for granting
Tederal licenses and permits for development projects and activities
Swhichwoidd have a significant impact on State, interstate, areawide,
ob-'Ioca development plans or programs or on the environment are
tsongly anrged to consult with State and areawide clearinghouses
mr 4to seek -.their evaluations of such impacts prior to granting such
Licenses or permits.
; ..Af t procedures .and regulations,. a. To the greatest extent
pobsiblo, agencies engaged in. direct Federal development activities
will follow the general procedures outlined under Part I of Attach-
a .'At'i.A i affrding States and areawide clearinghouses opportunities
tcreview and comment.on plans and developments.
b. Whore'legilsative or executive constraints of related circum-
fs| ddnot ernit following such procedures, agency procedures
k dfSl# Bi~fls*ilf det forth for each progrn at a minimum:
earinghfuseswQhnbeaffored o reiewth:
II) i06iiWprceot planning at'which clearinghouses will be


in, me cl"ting ceaiou es onrded to review then
mftint g Ppquqdtpo the m clearbanghoustt
,:.. 1: i d | l j:. jjl :' ii s,. ..-
il ]i, ,tiglearit!! m.on action$ t elalM ,
rIalm~tC^ t 9Vg NOstponementaband40 oiiot)





oman byoruwlminBter AND ocs


and explaining actions taken ow-j to cli -
tions. : ::: .. .
c. The Office of Management and B will coidert ro
cedures snch as memoranda of ageem t between Fltrl p
tions and clearinghouse for coonatig Federwal'
planning, that are dgned to achieve the objectives of ti t.
d. Al proposed agency process and grzIions to i net'
this Part will be published m te fP a EaIam p$if tb
paragraph 7 of the Circular. 0MB will asist and c rat with!
agencies in developing such procedures and regulations.
PART iM: rATU PLANS
1. Purpose. The purpose of this Part is to provide Federal agenis
with information about the relationship to State or areawide coaprs-
hensive planning of State plans which: are required or form the bals
for fundmg under various Federal programs. .
2. State plons. To the extent not presently required by statute or
administrative regulation, Federal agencies administering programs
reqmring by statute or regulation a State plan as a condit ion of'
assistance under such programs will require that the Governor, or his
delegated agency, be given the opportunity to comment on the rel-
tionship of such State plan to comprehensive and other State plan
and programs and to those of affected areawide or local juridicti
The Governor is urged to involve areawide clearinhoues in the
review of State plans, particularly where such plan have specific
applicability to or affect areawide or local plans and programs.
a. The Governor will be afforded a period of 45 days ilnwhich to
make such comments, and any such comments will be taImitted
with the plan.
b. A "State plan" under this Part is defined to include any required
supporting planning reports or documentation that indicate the pro:
grams, projects, and activities for which Federal funds will be iied.
Such reports or documentation will also be submitted for review at
the request of the Governor or the agency he has designated to perform
review under this Part.
c. Programs requiring State plans are listed in Appendix 11H 1f the
Catalog of Fedea Domestic Aitmew.
: : 1
PArT Iv: COORDINATION OF PLANNING IN KMUZi .
1. Polid a wd objetia. The purposes of thisN Pat in:
Sa. To encourage and facilitate State and local initiate ad ren.
sibility in develop portion ad procedu i
coordinatingcomprehensive and functional plann .g adtavSia '"a
b. To eliminate overlap, duplication, and com-fetitin ... /rwide.
planning activities assisted or required under F p
to encourage the most effective use of Statee '
available for planning. .:I,
c. To minimize inconsisteny Fed" ada
apprvalrequirements placed on areawids p n mr tviti
., eg the 9an nto exersoe 3d
establltalhg aisystem ofplanning and den~pnie~iI


SM




*if~m O 4L4WAQNM3)p AD SUIDGET


;p hnfrg drwhich maa provide a consistent geographic base. for the
ialn g d- coordation of Federal, State, and local development
programs. .a. .
S., rOT wooWwge Federal agecies admiistering programs assisting
or requinvng areawide planning to utilize agencies that have been
aign4af to perform areawide comprehensive planning in planning
and development districts or regions established pursuant to subpara-
graph 4 qbove (generally, areawide clearinghouses designated pur-
suant to Part I of Attachment A of this Circular) to carry out or
coordinate planning under such programs. In the case of interstate
maetropolitan areas, agencies designated as metropolitan areawide
clearinghouses should be utilized to the extent possible to carry out
or coordinate Federally assisted or required areawide planning.
2..r n'd itiMO
'. 2. 7pwnon or consistent planning awl development district or
regogni, p. Prior to the designation or redesignation (or approval
thereo) of any planning and development district or region under
any Federal program, Federal agency procedures will provide a period
of 80 days for the Governor(s) of the State(s) in which the district
or region will be located to review the boundaries thereof and comment
upon its relationship to planning and development districts or regions
established by the State. Where the State has established such planning
and development districts, the boundaries of areas designated under
Xdal programs will conform to them unless there is clear justifica-
ion or not doing so.
K. b .Where, the State has not established planning and development
districts or regions which provide a basis for evaluation of the bound-
aris of tbe area proposed for designation, major units of general local
ov eonint and the appropriate Federal Regional Council in such
easw wi1 also be consulted prior to designation of the area to assure
ponaistenqy with districts established under inter-local agreement and
under related Federal programs.
c. The Ofice of Management and Budget will be notified through
Be ~sppricpriate Federal Regional Council by Federal agencies of any
proposed designation and will be informed of such designation when
it is made, including such justifications as may be required under
subparagraph a above.
:8. Common and consistent planning bass and coordination of related
c&t4tieS.u 1mV'tij 'dictionl area.-Each agency will develop proce-
it xan quirements for applications for multijurisdictional plan-
wgM w de(elopmeAxt assistance under appropriate programs to assure
the fullest consistency and coordination with related planning and
Aveppment being caied on by the areawide comprehensive planning
rucy or ceaxiah.W.ouse designated under Part I of this Circular in
,*' u!iritipsdvztionalarmtr
Such p d..re shall include provision for submission to the fund-
in. .teq by. any applicant for multijurisdictional planning assist-
tance, 4 .t. j.1.iaot her thoan artn areawide comprehensive paIn-
.lodyl Aee Wtin.. paragraph 1e of this Pat, of a mewozandum
S*Aaot ww b taee .th app nt and such areawide comprehensive
**cve gttk men. by which their planning activities
4%e.sgz4"eement will cover but need not he limited
tohf*wnf~ttes r: .. 9
''. i .=!. ;. =: *;lr, = .=,::^= rTC *^ ^ ....; = ... i" '.. "= T :***.. *". ,: .. .* *
": "" ..


C81





... ........r ... .2.A. 6 .16 .; = y .
oFHd# Or FLWAGEB
a" *. Ito shi &bx wednr the 1an* tptr t b*by
/a. Identification of relationships w the plan
the applicant and that of the areawide agency and of stlkr a klted[
activities that will require coordination; .".j. tF .; I
b. The organizational and procedural arrangements f6r coord ting
such activities, such as: Overlapping board memnberspip'dedur
for joint reviews of projected activities and policies, int Ktioa
exchange, etc.; ...
c. Cooperative arrangements for sharing planning resources (. nds,
personnel, facilities, and services) ; : i
d. Agreed upon base data, statistics, and projections (social, eco-
nomic, demographic) on the basis of which planning in thie area .Will
proceed.
Where an applicant has been unable to effectuate such an agreerniit,
he will submit a statement indicating the efforts he h s made to secure
agreement and the issues that have prevented it. In such case, the
funding agency, in consultation with the Federal Regional' Council
and the State clearinghouse designated under Part I, will undertake,
within a 30 days period after receipt of the application, resolution of
the issues before approving the application, if it is otherwise in good
order.
4. Joint funding. Where it will enhance the quality, comprehensive
scope, and coordination of planning in multijurisdictional area Fed-
eral agencies will, to the extent practicable, provide for joint f.idi.g
of planning activities being carried on therein. H
5. Coordination of agency procedures and regulations. With respect
to the steps called for in paragraphs 2 and 3 of this Part, departmentss
and agencies will develop for relevant programs appropi&' draft
procedures and regulations which will be published in the FEDURAL
REGISTER pursuant to paragraph 7 of this Circular. Copies bf such
drafts will be furnished to the Director of the Office of Management
and Budget and to the heads of departments and agencies administer1-
ing related programs. The Office, in consultation with the agencies,
will review the draft procedures and regulations to assure thb
maximum obtainable consistency among them.
PART V: DEFINITIONS !
Term used in this Circular will have following meanings: *
1. Federal agency-any department, agency, or instrumentality l
the executive branch of the Government and any. whlly bwned
Government corporation.
2. State-any of the several States of the United States, the District
of Columbia, Puerto Rico, any territory or posseesioa of the United
States, or any agency or instrumentality of a State, but doesitineludb
the governments of the political subdivisions of the Statec''1! '1
3. Unit of gnera local governent-any city, county toni h
village, or other general purpose political sbdivision ofpaSt.e.
Special purpose nwit of local: gvnnmmet-ays 1d i
4. o!a
public purpose corporation, or other striliy limited. pose ti
subdivision of a State, but shall not imdelrde eol d4 .it ..
5. Federal auiutaetce, Federal fhrnewW ^ t 4wh-
GnRO program or federally aieted pgnfL g Iip
vide assistance through grant or contractual arrangements. They


882




1111 W. A WT BUDGET

'tfisVtaii stincd programs or programs providing as-
iW4 Blifhr of loans, loan guarantees, or insurance. The term
b41 't 6iu16- .any' annual payment by the United States to the
,*ikt"4 Vo:folumbia authorized by article VI of the District of
't.mmBi Revt"nub Act of 1947 (D.C. Code sec. 47-2501a and
4Z-2501b)
S :SL yj .. ago"y. The Federal agency or, in the case of certain
rii.i g. at 1 rograms, the State agency which is responsible for
i "W i apt~W~al of applications for assistance.
7. Corehensive planning, to the extent directly related to area
feeds'tries S. a unit of general local government, including the
Sa. Pftparation, as a guide for governmental policies -and action, of
generall pltno withd respect to:
"ri pftteersasnddintensity of land use, .
k5 rProvision of public facilities (including transportation facli-
ties) and other government services.
(3) Effective development and utilization of human and natural
resources.
b. Preparation of long range physical and fiscal plans for such
* ion." :" ....*(* .; .
c. Prognit g ?oIf capital improvements and other major expendi-
tures, based on a determination 6f related urgency, together with de-
f'iftt filahciig plans for such expenditures in the earlier years of
It e kC'^rt6ni.
IV ddinatin o fall related plans and activities of the State and
mn$ I vernments and agencies concerned.
.4 Frievaration of regulatory and administrative measures in support
bfth.tn.w igoig.
8. Metropolitan area--a standard metropolitan statistical area as
:flblished by the Office of Management and Budget, subject, however,
4Eo1 h mnodifcajtiois and extensions as the Office of Management and
i B.dgSt may deterine to be-appropriate for the purposes of section
S-204,ttheDemviistritioii Cities and Metropolitan Development Act
66, ad these Regulationsa "
i tMrawiBd---Corap risin i4 metropolitan areas, the whole of con-
itgiKu urbaa and urbanwJog areas; and any nonmetropolitan areas,
| Itg*V.uots0i Eties (rr other ;multijurisdictional areas having corn-
moon or related social, economic, or physical characteristics indicating
~y odalre,.,me4 interest;, or,- in either, the area in-
itdedA"' i a substatadistrict designated pursuant to paragraph Id,
i IV,AttaihmentA.Of this.Circular. .
*f.akP g .11 .&wzop nt cwn:g clea hoeu or clearinghouse
;hw ::fiite'. .,OT ')' h- ..i H. .d :.,: ..' -:,' *.. .. *.. *.:
tII..~4.i3 $ *Gw/g kw lan agency of tbp State Government desig-
kw b -itthinetu 0y SSt,law to carry out the requirements
.. ....... ..... .. ..... ...
gjXhnoomerp!i areas a corn-
L|...,*wy dint^e by the Governor -(or
*z It d,.I ng.into poV than one State)
w tthiooiwul ... or ..
h .4j !.|r wY rag*ite4 ney that has: be, roog-
mJ agmeAt an get as an appropriate
OSif kQ '(911'4 sft ;d bo';rn> 7Twr 11,n *fRrT;-? : .' *-.;......:...I;*!r -rt.* '





wo Or .,AAmmM


agency to perform review flcoti wde tie
station Cities and Metropolitan D.vVopunfth
of the Intergovernmental Cooperatio ot of 18 a,
II. NuUI~i~zdicdtimW aeeaL-asny'hi';
compassing, or extending into nmoif7 nhi O w iAjt.
government. :,, .
12. Planning and devetopment tdt"frti.t IS
tional area that has been formally digatedoren 9 *
propriate area for planning under Stalo i or WrIprop
requirements. 0 N ..1;
13. Direct Fedea'a development-plauningk sail cegstmih qf
public works, physical facilities, and installations or land n el
property development (including the acquisition, use a4 sp.sal of
real property) undertaken by or for the use of te Fedver-
ment or any of its agencies; ortthe leasing ofreaLpaIypqrty', eral
use where the use or intensity of use of su property wilt le ,ub-
stantially altered. : ..
... ;" 'j : ,
ATTACHMENT B-CIRCULAR No. A-95 REVISEDM.-..:..,.
Section 04 of the Demonstration Cities mnd Metropolitan Deveiq-
ment Act of 1966 as aenaded (80 Stat.6*,89StatS)
S' '" ** ': f^ :;'V .k. .*
"SEc. 204. (a) All applications made after June 30, 19,7, Llt
loans or grants to assist in carrying out open-space land prolectso.tr
planning or construction of hospitals, airports, ltraries wati supply
and distribution facilities, sewage facilities and waste tr .at e at
works, highway, transportation facilities, law enforcement.fac i: ies,
and water development and land conservation projects.within any
metropolitan area shall be submitted for review- .
"(1) to any areawide agency whidh is designated to .perfm. me-
politan or regional planning for the area within whi e ass JmI
to be used, and which is, to the greatest practicable extent. ioapose
of or responsible to the elected officials of a uiWt of areawidbe goln-
ment or of the units of general local government within whoa, juris-
diction such agency is authorized to engage in such planing and
"(2) if made by a special purpose utt o local govemment,tw
unit or units of general local government with authority to operate
in the area within which the project is to be, Ioce tH .ed&t .* iq
"(b) (1) Except as provided in paragraph ('2) of ,this
each application shall be accompanied (A) by tie eommentsafd
recommendation with respect to the project inyolvend ty & ..e utwie
agency and governing bodies of the units of j.enr leA wir-
ment to which the application has been submitted for review; a 43
by a statement by the applicant that m-ist ecaf and' rem-
mendations have been considered priort iloUIflb IniMaB oilB
application. Such comments shall i&Uhal&'isof iosP
extent to which the project is &nsistent Wltha-m
developed or in the process of developtsMfor*&rp a
or the unit of general locl gote-S.bfl ,! .it
extent to which such project c1011ic ni i '..
aniag. The comments andecon aer w y Iy Hi
toin this pa shallUe1eySft f l
paragraph (2) of this suction, be reviewed by the agency of the




....S...aANU BU...T


Fe deFiTe t,, whi'h suitpj!kation is submitted for the
sole P.,se of assisting it in determinng whether the application is
ii a< aht lth the provisions orf Federal law which govern the
maki^^k^tWwrthit1
"(.) An application for a Federal loan or grant need not be ac-
comln ed by the comments and recommendations and the statements
- refe d-tWiiprarph b(l) of this subsection, if the applicant
curfl- thfl ,t'syl"an or description of the project, meeting the require-
meolts of itdh rules and regulations as may be prescribed under sub-
section (),'o' such application, has lain before an appropriate area-
wide geny or instrumentality Or unit of general local government
fr't A~~prbd of sixty days without comments or recommendations
tbemn ngtvr.ads .bysuch agency or instrumentality. ap
"( :,requirements of paragraphs (1) and (2) shall also apply
to any amendment of the application which, in light of the purposes of
thisi titi., vol.. es a major change in the project covered by the ap-
pttiMi 'prior to such amendment,
:"(4)Tflwureau of tbe Budat, or such other agency as may be
d ntpd by' t President, is hereby authorized to prescribe such
riales nd regulations as are deemed appropriate for the effective
admintratioh of this swetion."
TLIV OF TUE INTERGOVERNW3ENTAL COPE2ATION ACT OF 1968
~~-;::O :- '(82 TAT. 1103)
-f~fl*^ tV-Gbordnmted Intergosvenwnentol Policy awd Ad4Wiua-
^'M* bo of Devslopmeft Asaistanca PArograwn"

4t"( fl'he economic and social development of the Nation
4fi h el e tofatisftor levels of lvfig depend upon the
~ ~ ~ ~ o 141 aras bo ...
nut ~rbei'Wdfenlbpmeiit of all areas, both urban and rural.
Moreover, in a time of rapid urbanization, the sound and orderly de-
velopment of urban comnttmities depends to a large degree upon the
4mie health azd the souwd development of small com-
uin ajfarae Pnwiynt shall, therefore5 establish rules
g.0ry9gO th` ftomulation, evaluation, and review of
aS a.dproigcte having a significant impact on area
4rfvelopi4 including programs providing Federal
a.4 t tets uai oca~~~a i%. toa the end: that they shall most
eu ~ly s ethise basic objectives. Such rules and regulations
provide for full consideration of the concurrent achievement of
t^. f4!i. wfAK objetets s& 'o tot extent authorized by law,
,,f 1 me.h% ibmade betwensuch objectives when they
' I,),, ,ppop^ri land uses for housing," (eomnmrcia, industrial,
gver..i.ext4, institutional, and other purroiesn
,4 W cifaSvabn afieurces in-
|,fli., minas, wildlife, and others
Stems, ftinA highway, air,
water, pedeta mass transit, and other modes flite movement of
.a..


Gm






bemutuig AL*
OFT1E O 0laAN JWlllWT'T :wJBTQfr^

"(5) Protection of arem otfIuM1 luMalO
scientific interest; .t .. &.. J! ,.' +t.+Cj :'
"(6) Properly planned commdni4hcli.tis, inClu"d""I
the supply of power, water, and conmumications, fo r
posal of wastes, and for other 'PULP ; I d g: th Ia,
"(7) Concern for high standard of design. r....q.
"(b) All viewpoints-national, reioii State aind IQMl a&4t
the extent possible, be fully considered ad taken into ac tinpiau
ning Federal or federally assisted denlopment prograuzsandD ...c.4
State and local government objeeiees`, together with the oI. e tS.es
of regional organizations shall be: aidened and: eid.a80, iW .
in a framework of national public:tjectives, as expressed t Y-eA...I
law, and available projections of future national conditions ad nl.dsi .
of regions, States, and localities shall be considered in pia 1= rmla-
tion, evaluation, and review. .:....... ..i ,
"(c) To the maximum extent possible, consistent with national ob
jectives, all Federal aid for development purposes shall be consitet
with and further the objectives pf State, regional, and local compre-
hensive planning. ConsidMiti6n hall be given to al devtehpmliMj
aspects of our total national community including but not limited tl.
housing, transportation, economic developments natural and lhumlmA
resources development, community facilities, and the general improve-
ment of living envitonments. ", : rrn
"(d) Each Federal department and agency administering a develop-.
ment assistance program shall, to the maximum extent practicable,
consult with and seek advice from all other significantly affe aeM6.A
eral departments and agencies in an effort to assure fulycoordmated
programs.
"(e) Insofar as possible, systematic planniujqire by jidiviijal
Federal programs (such as highway construction, urbi .pene.wal. ad
open space) shall be coordinated with and, to the exet at 1^ ed..
law, made part of comprehensive local and. wi. i
p la n n in g ." ? ': >" + ;++ ""
& .. *. *. -., .. ... ", .
"Favmring its of general local government"
"Sec. 402. Where Federal law provides tath both tpA'tpu
units of local government and units of ges M l..al gttre j OMnt'I#
eliginble to receive loans or grants-in-aid, heads &f Fderal d rnet
and agencies shall, in the absence ot sdb tiireasons &te r
trary, make such loans or grants-in-aid to tibtfs ktneo
ernment rather than to special-purpose units of locF ,.etnit
"Rulaes amd regulations" i. i ..
(, o rr ", .. ** ; :+ i'+ ii h ., ,,ir<,:
"Sec. 403. The Bureau of the Budget, or such oMVer .sta wi
be designated by the President is hereby authox4satop or0 M ,
rules and regulations as are deemed appropriate for the effect
minstraftion of this title.. i .. ;,i"A (4f."
ATAC ENA -CIONALas ao M M W 1O ..P i-

1909 (83 STAT. 853) t 7. j .
'. +*. + '^'r Y : ::* +.*'::' : :. ../ i + .. +..^ii!i^' s to fi + PP
"Sec. 102. The Congress authorizes
extent possible: (1) ffie ies


8a,




S"Q MANAAND BUDGET


i mj St1 sh&ill be interpreted and administered in accordance
itth t.pohA .set fokh m th:is ic., and (2) all agencies of the Fed-
eoal Government shall- *
."(C) include in every recommendation or report on proposals for
legislation and other major Federal -actions significantly affecting the
quality of the human environment,: a detailed statement by the re-
.. .ff i i lo fl ..._, ., .
t1 i) thed iironmental impact of the proposed action.
6 "(ii) any adverse environmental effects which cannot be avoided
should the proposal be implemented, .
"(iii) alternatives to the proposed action,
"(iv) the relationship between local short-term use of man's en-
vironment"'t thle aaite : Q enhancemen o long-term pro-
&dctivity, and .. -
."(v)> any 'irrewvrsible or irretrievable commitments of resources
#iihkk Wld tb involved in the proposed action should it be imple-
mented. ;
"Prior to making any detailed statement, the responsible Federal
social. .ll ..consult with and obtaih the comments of any Federal
ijc~~shas jursdiction by lw or special expertise With respect
to.oaymnvwoumental impact involved., Copies of such statement and
the comments and views of the appropriate Federal, State, and local
agencies, which are authorizedto 'develop and enforce environmental
standards, shall be made available .to ,the President, the Council on
nironmenl ul ity. and to the public as provided by section 552
Ii ~ W2 .... :pal y Co" el,
or Titla &IUmt States Code, and shall accompany the proposal
through the exmiaig2ageney review processes; **," i
: ": r i.- ,' "
.ii A" ATTACHMENT D-CimcmLA No. A-95 Rw ISED
COVERAGE OF PROGRAMS UNDER ATTACHMENT A, ART I
"'; :. t .:. ., i: ... ". "
I Programs listed heW are referenced several ways, duw to transi-
tional ases in program development, funding status, etc. Generally,
ciitibb ai to pxi'i s i they are listed in the June, 1975 Catalog of
f'ederat DoInwti 1a44aq For pertain new 'legislation, Catalog
citations have not yetlbeen developed. In such cases, references are to
Public Law number ondI section. When no funding is available for a
program, it is not getalyZlst ed in the Catalog or this Attachment;
'but if funding becomes availaIble for a program previously covered, it
continues to be covered unless specifically exempted by 0MB. The
Catalog is issued annually and revised priodically during the year.
Every effort will be made to keep Appendix I and Attachment D cur-
rent. Reference should always be mad. a o the one bearing the latest
issue data. (However4 the update to the 975 Catalog will not reflect
Pll the changes tii. Therefore0re this list should be referenced until
issuance of the19786at :)a / '
Asterisks indicate certain State formula grant programs requirig
State plans which are abjtqpaveredndpr. art III. When listed under
Part I, reference is to applications or subgrants under the State al-
location, not to the Stateas apfliation for its allocation under the for-
2 Heads. of Fdral departments and agencies a, wi .e on-
uKrrmnce of the Offic, of HMaagement and Budget, exclude certain


887








categories of rJeotf or activities Mtr aited MW n
qmrements o Attachment A, Part Aso e iph 8.4
3. Covered program:!
Dmprdm.th n t of J.r.u.t.. s.. 9. o
10.405 aM Labor HoWsing Lom andt &mnta
10.409 Irrigation,. Drainage, and Other Soil and Water Consehurw L a.
ception: Loans to graCE asetious to develop sddtiona1Wa
and loans for purdhase at equibalt)
10.410 Low to Moderate Income flousg Loans.
10.411 Rural Housing Site Loans. 3 .
10.414 Resource Conservation aad Dw 8 IBMtqL, ,tIe
10.415 Rural Baent Housing Loe.
10418B Water and Waste A9 0 yt" tar Bi ;
10.419 Watershed Protection and TMood Pa meauft Loain.
10.420 Rural Self-Help Housing Technical .stane.
10.422 Business and Industrial DeelVimOP LoafL tkeseepioa: L: o raun
man busInesses having no agall]Ant, i adI. oubl euswu ita h
which located.) ..
10.428 Community Facuties Loans. L
10.424 Industrial Development Oraats.
10.658 Oooperative Forest Inaect and DIsea. ContrL ,
10.901 Resourc es Conservation and DevelopmenL. (3xceptilof.: UU
costing under 7500 for erosion and sediment control n
lion and for rehabitatloa and eonioldtUion of emaM S Mtig e
vystes s ) *' t .:.:.. ,-**u. ,. ..
10.904 Waterhed Protectlao and Flood preventt .a ..
DepafufteW 7 ovn 11.800 Economic Development-Grants and Loans for .t= Wolfrk$`". ad "
velopment Facittles.
11.802 Economic Develtopment-Supp1ot for mPlafl ft ::
11.303 Economic Development-Technical Assistance.
11.304 Economic Development-Publio Works Impact Pnojest: (Procedural
variation).
11.805 Economic Development-State and Local Uconondme Development
Planning.
11.806 Economic Development-District ..Operational AsitanLe.
11.807 EaonomIlo DeVelopmet-f-ppeial BRnaml Deviosat ani Mj ht
Assistance ProgranL: .
11.308 Grants to States for Spplemetal. and Basic uaing of Title I.t, am
IV Activities. (Basic grants ony.) .
11.405 Anadromous andM Great LakerimshetiesaD e btlf. ".
11.407 Commercial Fisheriestes Rearch and Dvelorpm a tt -
11.418 Ooatalt Zone Management Program Deve at, .... ,, i i
11.419 Ooastal Zone Management Program Adminstrstion ,
11.420 Coastal Zone Management-Estuarine Sanktuties. ,
:. s.. s : : r .,.. . '.:
DepVr!I of Dflfwe ..
12.101 Beach Erosion Control PrOjeots. .
12.106 Flood Control Projects. .
12.107 Navigation Projects. ; ,
12.108 Snagging and learlng t Flood Cotro:!t :" "',
Deparfment of REnhk pd 4
18.210* Comprehensive Public Health Services--eor auWatm .t .
13.211U Crippled Children's Services. ,, .
18.=70 Family Planning Projects. : 4 .
18.224 Health Servces Development-P-oJ4c GraGS f, '
18=2s Maternal and Child Health S.rltBut -L l i... I
13.2853 Drug" Abuse OommtnlIty' Servlu .' :. :i .1i .,
13.287 Mental Health-Hospita ImP"..ro. f ;. ^
1&.240 3Mental Health-Cooimmunlty XMea .. "
13.W140 &IlcshouoafthOI t? ': :bv'lc.u.saa , 18laf1 Akleeolionmamunty Serviee Pro gra, ,,flu.:: *-W -.;.!-:.t io: osf'i' v=ii


9S"





0F WfWqA urzrrA"BD BUDGET

A, L h~~a oto .j Programs. .
4 Drug Abuse Demonstration Programs.
WP.Y QWlpe to&Healtb Mainteuance Organization (HMOS).
J 8* Nationall Health Service Corps.
13.259 Mental Health-Childten's Services.
1&260 Family Planning Services-Training Grants.
S13.261 Family Health Centers.
-6..6. .l'udood Lead-Based aint Poisoning Control.
1" 87 UrniRHat ControL
13.268 Disease Control-Project Grants,
t.2T5 prg AIus9. Education Prograia4.
13.284 E g Medical Services.
13.286 Li oq4tio n. Federal Participation for Capital Expenditures.
43.840 Health Professions 'eching Facilities-Construction Grants.
1.369 nursing School Constdruction--Loan Guarantees and Interest Subsidies.
.Vpw al.t ?rofessons Teaching Facilitie-Loan Guarantees and Interest
,*' .iS~ dlhls.
.2 gancer-Construction.
4 4,t KEducatlon-Grants to States.
"lWJXflnt tdaication-Special Projects.
r .408' ConstructiQ.n 9f Public Libraries.'
4 .1 Educgnral Personnel Training Grants-Career Opportunities.
i4:t, tipna!y Deprived Children-Handicapped.
'NO!.4*' EacaTidiL1y Deprived Children-Local Educational Agencies.
3.4g dlEdut nly bepived Children-Migrants
o:Fo Thoutigh.
13.464* Library Serytces-Grants For Public Libraries.
a18.47T ShbollASsistance in Federally Affected Areas-Construction.
18.49183 Vocational 1Eduction-Basic Grants to States.
1I13.494* Vocational Education-Consumer and Homemaking.
-13.495* Vocational Education-Cooperative Education.
tSA99O Vocqtional Education-Special Needs.
1B.501 Vocattonal Education--Work Study.
M60G Ytcational Educatlion-Innovation.
tiM516 Supplementary Educational Centers and Services-Special Program
and Projects.
&019"1 Supplementary E&catIonai Centers and Services, Guidance, Counseling,
*: and Testing*
18.520 ."Seian Tes f Children with Specific Learning Disabilities.
18.522 EnvIrobhnmeintalEducation. .
j3.54 .Educational Opportuniti Centers.
570*' Ltbraries and Learning Resources. ,
1 0 Chfld Development-Head Start.
18.612 Native American Programs.
18.628 Runaway Youth. .
41324*' Rehabilitation Services and Facilities-Basic Support.
128.626 Rehabilitation Servies andFacilitfes-Secial Projects.
13.628Child DevelopmrqetVibld Abuse nd Negct Prevention and Treatment
0 .1 lDevdpez.l pesab ili R roe..
_18,6 a .0M !le8si dupoded. ,..
C.fll IpedroheA rB o theState Agency Activities and Area
Planning and Social Servies Probgramx .
a 4 AgingProgras Title :it t1o 30 8,0&:Model Pbjects.
PUejaPl flram" for the Agl7g-KNtrition Program Cor the Elderly.
groa"a (for theing-Reaearch and Demonstration.
:W. mS foX te Aging-Training. .
t gL o 8-IB: (Section 161) Construction of Academic Facilities.
P.L. 93-641: (Section 151C) Palaua .gfr Grants to Health Systems Agencies:
(Section 1601 et seq., Title XVI Pbe Health Service Act) Assist-
i -ance for modernization, 0 uc e or conversion of medical fac1-
Itisq.These programs will replay, e Catalog 13.061, .,1349 and
*o~zofe rili<^'?o~oil oniu' of*" M'-'** ..*

I. 'Srtifi^ ^irw!
141. Wloot, surances(ApplcationB for' ttnl dglbflty). I, :'
t108 Interest Reduction Payments tthl"a'd operativeve f bHsili&'
Lower Income Families.
839
fl-674--7B--p T2-83






rrWW9# PVV. YW'ter~fa-off

14.106 Interest Subsidy-Homes for w ernme Famii .si-.es... ,.
14.112 Mortgage InsurafncOe-Coulp*-
Projects. L .* 9kL A:!A *
14.115 Mortgage nmunr9Xce-IDeve1o* Sa T e p i $ s.
14.116 Mortgage Insurance-Group Pzfl IfPtP-AAes. .....
14.117 Mortgage Insurance-Homes, r I
14.11& Mortgage Insurane--Hnomes fbterifted Veterans. A'
14.119 Mortgage Insuraaqe-Hqp- e D eEt r Victim. s ... .
14.120 Mortgage Insurance-Hbnmes fla L iw Mode
14.121 Mortgage Insurance-Homes Areas. .
14.122 Mortgage Insurance-Homes S Renewal A sea.' ;
14.124 Mortgage Inmurance-Investor Is0 otd Cooperatit$.
14.125 Mortgage Insurance--n t asid New Cdmt i
14 2 Mortgae saeMo O ie ve .

14129 atditgagW .nsur .nce-
14.134 Mortgage Insurance-Rental Housing. .,..
14.185 Mortgage Insurance-Rental using for Modeat Income a
14.137 Mortgage Insurance-Rental, Housingm for Low aM Modeate tsae
Families, Market Interest fate. '.
14.18 Mortgage, Imsurance-Rental Housing for the ]dtgf., :
14.139 Mortgage Insurance-Rental Housing In Urban Rnewi Areas. .
14.141 Nonprofit Housing Sponsor Loans-Planning PrQect.,s fIl* l
Moderate Income Wamilies. ... ......
14.146 Public Housing-Acquisition. (Turnkey and C nv a ?rof bn
Methods.) (New construction only.) ..... "
14.149 Rent Supplements-Rental Housing for Lower Income Fam ,ies.
14.154 Mortgage Insurance-Experimental Rental ROguig. .; o,
14.156 Lower Income Housing Assistance Program. .
14.203 Comprehensive Planning Assistance. m ;:
14.207 New Communities-Loan Guartntees. .
14.218 Community Development Blpck Grants- tite a rat ;
14.219 Community Development Blo4k 4nts-D, oi ."
14.702 State Disaster Prepredness 1Gats. i r ., a
:. .. : 8 ... ':.


15.850
15.4000
15.501
15.503
15.600
15.605
15.611
15.904

16.500
16.501
16.502*
16.515
16.516
16.517

17.211
17.bS3
17.'2w
17.232*


20.102
2.1


Xanare*Mf ntE f ta Tafaadan.


.. 1


* i u..ww .w *ww ..L a .,,, ,w ,uaw .. .. ... .
Coal Mine Health and Safety Grants. .
Outdoor, R .eaftion-Aequtft., felapa- and '. ..ig
Irrigation Distribution System Loans. :
Small Reclamation Projects. : .;,
Anadromous Fish Conservation. r .f
Fish Restoration. ; i <
.7r
Wildlife Restoration ... .r
Historic Preservation. t
:. "-
Depsflmtm. of J, .., .:,I+.
Law Enforcement Aste CompfliuiI P1MnIn iI4^ '[
Law Enforcement AMlstaiice-YA I5S
Law Enforcement Assisfaki OpflfO^tut .
foreemient t Cdrimntal lisei. g 4 L
Criminal Justice Sytms D veA.a. t :". i ,
Law Enforceoent Abi"uUa-4e4Tfll6 ,,t n. *. *.
Law EnforPementS SP- iofT ..
Prevention and Treatment. W _iu g
'.. .. :.;. Z .,otm K o/,,> .'* '. + "i. T .j"g i{
J o b ~o e B : .. :" 7 : '- '** ~ ; +,: ** ." : :
,Woic Inc ves P ga 2)p i4 r *' *I '0 &k.
4rrrm Worke(. (ProINd.ur Laj, T:.A,, i .,' *
Comprehensive Employment and Taining Prorm -
4, *~ Dpj- ** 1jtblPnsra.tnh1 -0 -


Airport Delopm
Airport Planzbbg x.a


If,, :' ,i*. .i q A 'q i ,: t,: 4 : b.1 5f.
: l.!': T.,..'i rin .: ,. V .l'P kj1


1(0.4-I
80141


4 840


,- ..... I- .4 7 ....-





Penai arP ItfAmE~t^ A~t bSDGlT


Highway Research, Planning, and Construaction.
U zhwa y Beautification--Control of Outdoor Advertising, Control pf
X3iis Landscaping and Scenic Enhancement.
tUrba Mass Transportation Capital Improvement Grants. (Planning
and construction only.)
Urban 4lMass Transportation Capital Improvement Loans. (Planning
and construction only.)
Urban Mass Transportation Technical Studies Grants. (Planning and
construction only.)
Urban Mass Transportation Demonstration Grants.
Urban Mass Transportation Capital and Operating Assistance Formula
Grants. ,
Appalachian Regional Commission
Appalachian Development Highway System.
Appalachian Health Demonstration.
Appalachian Housing Planning Loan Fund
Appalachian Local Access Roads.
Appalachian Mine Area Restpration.
Appalachia State Re. arch, .Tchcal Assistance, and Demonstration
:e n: Vocatiosl Education4 Facilities and Operations.
Appala an Child Development
App ian: HUusinrg Site Development and Office State Improvement
r" G ts.:-
Appalachian Vocational Education and Technical Education Demonstra-
tion Grant.L


(Nont-Except for 28.001, administration of these grants is not in the Com-
mission but in the appropriate program agency-e.g., 23.003 is handled by DOT.
Nor 2&88 Appalachian upiaents to Federal Grants-in-aid, which can pro-
'wide all or any portion of the Federal contribution under certain defined grant-
hn-aid programs, coverage under Part I is determined by the provisions appli-
cable to the basic grant-in-aid program. For 28.008, 88.008, 48.003, 52.008, and
o00os-Regional Commission Supplements to Federal Grants-in-aid--the same
Wule would apply.)
Coastal PlkAs Regional Commission


Coastal Plains Teehnical and Planning Assmstance.
note under Appalachian eional Commission programs.)


Four Corers Rvgional vommiion
< 8 .. > : .* *\ *, ,
18.002 Four Corners Technical and Planning Assistance.
(31 hote under Appalachiea Regional CoatMlom pflgmaS)
National Hioe nce ounsdatio
47.086 Intergovernmental Science.
New England Regional Commission


48002
:"E,.
"(e.0



49.010
tcoit
It*


New England Technical and Planning Assistance.
note under Appalachian Regional Commission programs.)
Community Services Adminfsatration
Community Action.
Older Persons Opportunities and Servlces.
Community Economic Development.


Onarka Regional Commission
.o002 Ozarks Technical and Planning Assistance.
tV. (See note -under Appalachian Regional Commission programs.)
:H Upper Great Lakes Regional Commission
a*002 Upper Great Lakes Technical and Planning Assistance.
S(See te under Appalachian Regional Commission programs.)





ift


20 .506
0a04






23.003
,23.004
&005
aoll
23.010

* ton

| .*014
A*.... O


2. ,002
M(See
(see








orwos 01 .aamk .. h
64.005 Grants to States for Constrlzctiori etu 1ta NUTsIng 3E 64.017 Grants to States for Remodelg of State ome HapItPpy
Facilities. ..
64.020 Assistance in the Establishment of New State Medical c00ools.
64.021 Grants to Affiliated Medical Schools-A-s&tance to Heilth Manpowfr
Training Institutes...
64.114 Veterans Housing-Guaranteed and Insured Loans '(GI Home Loans).

14 i ,..' a
WateO .Resowmbe ot#*. w ea

65.001 Water Resources Planning. -
Environmental Proteotion Agency
66.001 Air Pollution Control Program Grants. .
66.005 Air Pollution Survey and Demonstation Granta. "
66.027 Solid Waste Planning Grants. .
66.028 Solid Waste Demonstration Grants. '* f i .
66.418 Construction Grants for Wastewater 'Treatment Works. .
66.419 Water Pollution Control-State and Interstate Program Grants.
6&426 Water 'Pollution Control-Areawide WaSti Treatme't Manailat
Planning Grants. .,
-6.432 Grants for State Public Water System Subdivision Progams. + *
66.433 Grants for Underground Injection Control Programs. :
66.505 Water Pollution Control Demonstration Grants. 1
66.506 Safe Drinking Water Research and Demonstratioh Grants. (Demon-
stration only). .
66.00 Environmental Protection-Consolidated Program Grants.,
66.602 Environmental Protection-Consolidated Special Purpose Grwants.. -
; .. : "i :t i :"- :" "" ':
Action .
72.001 Foster Grandparents. .
72.002 Retired Senior :Volunteer Program. + *: ..
72.008 The Senior Companion Program. : .. ::

Old Western Regional Commission : ,
75.002 Old West Technical and Planning Assistance. : '

Paoift oNorthwest Regional Commi sion
.- : ..... .,,
76.002 Pacific Northwest Technical and Planniag Assistance ..Reg.lalio











I (
",
S:. + A { *,






.: .... | .1 : .: .."
.. .'' ..
I ***' I '*" '
-' .L I :' : k



h*i J
4 4,ifj ...O i l :


p842






A,:
I..w" -. j... .. ......

I I
W. :... .....

i7; [Circular No. A-85, Revised]
S .JANUARY 20, 1971.
-the heads -of executive departments and establishments
et: Consultation with heads of State and local governments in
pi^development of Federal regulations.
|"'l. Prpo,-e.-This Circular, in accordance with certain general pur-
*oe of Title IV of the Intergovernmental Cooperation Act of 1968
P.L. 90-577), provides that the chief executives of State and local
enunenmas will be given a reasonable opportunity to comment on
7.ajor proposed Federal rules, regulations, standards, procedures and
S-idelmes (hereafter called regulations), major interagency agree-
en dconceriig program operations and major orgam national
2angeo, any of which have a significant and nationwide effect on
ute and local governments. This Circular also provides for assist-
ace by the Advisory Commission on Intergovernmental Relations
A.I.) in atrangin to obtain Statd and local advice and comment
Such xmattrsa'in cooperation with State and local general govern-
*nt association Circular No. A-85, dated June 28, 1967, is super-
.ded by this revision. ,
|i9 r kgro "'mn.-Federal agencies administering assistance and
ei9 programs affecting State and local government normally issue
rdatibns tider which those programs are administered. These reg-
ul-tion: may affect the conduct of State and local affairs, including
4aent and organization, planning, program adjustments, an1
administrative systems. Federal requirements Mmy not be
S'ad o Federal agencies or ermit needed flexibility for
ocml .raments-. Heads of 8tate and local governments,
...4:l~a 'M O0ver ents.Has fM
*{ shoud' be afforded an opportunity to comment on Federal
Mh prior to issuance and certain Federal interagency agree-
and urgauzational changes prior to implementation.
t 1icin.-Agencies will be guided, to the fullest practical extent
4psgiwet: with Federal law4, by the following practices:
,i't.hehveer posse agencies should engage in necessary consul
&tunieH ih advance of the formal development and submittal of
materials under this Circular so as to minimize the need for extensive
ew n discussion 0at, the final stages of the development" of
th;. csntrl aoordinatin role of beads of State and local gover-
intj..tuding their role ofitiating and developing State, regional,
&dBi! rqnm, silbe supre n traegt end
~m. ". P .o p
iho1th sham the heads of State and
. &m ts in prodingefetiheorunizational and adminis
iztiio
.ati.e arrangements ani. in developing "" aing, budgetary, and
! JWtibtf r fltand controls which are
sm *l~~' bt tea~~e abW~fgovelniedtt~ il bd avoided, and Fed-
al agencies should rely wherever possible on internal or independent

S43





0MB CIRCUZ. A-R45


audits performed at the State or local level as provided in Circular
No. A-78, dated August 4,1965.
e. Except as maybe required by law or special a a y
relations dealing with like matters (e.g., allowable costs, defi o
oflike terms, and procedures and information needed for determr
eligibility in like cases) will be coNa. t both internally and with
practices of other agencies.
4. Coverage.-This Circular applies to major agency regulations
and revisions thereof, major intersmcy r ct& -"ls pro-f
gram operations and major organatoal cages, ay .of whi0 Mi
a significant and nationwide effect on State and local Drtu
including quasi-public agencies (eg,.Urban renewal gecie), and
which directly affect one or-more otThe following: :: .
a. Interstate relationspahips, .
b. Intergovernmental relationships (e.g.. State-local ad inter
local), .
44 of eligible recipients, S o a m t
d. stions of agencies within State". or local :Vei
e. Requirements affecting State or local prisonnr.pr",A2
f. Organizational, planning, or fiscal activities of, t Iian other-
goviments, and. ,
g. Roles and functions of heads of State. o. local goverpmeut :
5. Procedures jor infonniet State andus lkaZ gouaneuut uses
ions of pposed tw or revised regulations, WPd fiu.*ae31 wrgwv
satin changes hawing a nationwide effect. ..
a. The issuing agency will provide to the ACM atleat op
and summaries of the proposed regulation or proposed orgasatio
change (iO the case of interagency agreements, one of tl artis to
the agreement will take the lead in providing thi necessary copies).
This should be done not less than 45 days and, if practical, day
before the intended date of promulgation. Aso, thi:should my
be done in advance of publication o proposed regulation n thi
eral Register although it may be necea in some ..r6umtaj.. to
have such publication occur simultaneously with or zior toj a.
plefion of the review process provided for in this Circu .
legal or other cirustances o not permit at least $5 d.flq 6ra^4
notice and comment, the agency will advise 'the AQR. jth e
available and provide at least 60 copies of a smma .n abst.ct
in lieu of the fill draft text of the re tion. Such ....s"esoigd
describe the nature and significance of any cangs 0 sti p
affecting State and local governments ,;. ;, .
b. The ACIR will promptly transmit copies of tAe ;gpq 4ate
rials to each of the following State and local government asUtw
National Governors' Conference, Council of GStatse y G nmsta n*
national City Managmnt Aesocias" national A
Counties, National League yf Cities, a 'United StateC
of Mayor. Other groups representing central mpu 7
be sent copies of material of 0 concern to the. C will alatr w
a copy to thOffice of MaaementandBuget.
c. unless an earlier response is e ntiul t S"te aS.g g
merit associations will be given a m'4n z: 84i
agency material in whi to a
.. i Y T : [ r f.h1


A1A'





q r""ed and tra hitting copies to the ACIR
uaM thr bY the Federal agency concerned or by a State
S governupt association, the AQIR will arrange a meeting
representatives of the agency .and the. association (along with J
f..qo eg280xecutiveS or their representatives, where desir-
ti.yir the .comments offered on the proposed regulations or
g y 4o0s rt accept major changes suggested by a State
S_ association, it will promptly notify the associa-
& i.wni of ite decision, and will send a copy of the notification
to'he i an thi Office o Management and Budget. Within three
Sday. a reipt of notification, tOe State or local government associa-
ton may request the ACIR to arrange a prompt meeting between
representatives of the agency and the association to consider modifi-
cations of the proposed regulations. ACIR will notify the Office of
M agement and Budget of such a meeting.
4. When appropriate and desirable, the Office of Intergovernmental
Citations shall also be advised of, and participate in any discussions
ad meetings under this paragraph.
Sg. The agency will supply seven copies of the regulation, when
issued in al form to thie ACIR for distribution to the State and
lbcal overnment associations.
h. Each agency should promptly designate one official to see that
these provisions are carried out, and inform thteState and local gov-
iernment associations, the Office of Management and Budget and the
ACIR of the name of the official.
8. Additional functions of the ACIR.
a. The ACIRis prepared to assist agencies in developing new reg-.
iatons covered y this Circular and will assist in assuring that regu-
mIations dealing with like matters are consistent, as provided in para-
graph 3(d)l
SBy January 81 of each year, the ACIR will make a report to
t Directorof the Office of Management and Budget concerning op-
tion4 under this Circular during the preceding calendar year.
ei obf the report will be furnished to each agency and the asso- RM.
in represeting general units of State and local government.
"con~suidVrations.-This Circular deals only with limited
aeet6 of intergovernmental consultation: the development of regu-
lations ad organizational changes which significantly affect State
and local governments. The Circular is not intended to limit the con-
satation process to these aspects of the intergovernmental problem.
Well in advance of the stage of promulgating formal regulations or
implentig significant organizational changes, consultation should
be put ed actively with heads of State and local governments so that
c lttio need not be concentrated in a brief eriod prior to the
odion. This is especially important in the case of new pro-
Sonsultation sould include briefings on the nature and
'BM~ip!OEceoxsuh Prfras
S5W tn haa C. Circular is iiot intended to limit the ability
ag t their ssion responsibilities. It is not intended
VopoSad re gulations revisions or organizational changes
will be automatically channeled through the procedure called for in







ON 40RcW


this Circular; no ptppose would be serredbx creatjag
Jelay. Judgzhent mus lbe exercised*|y te i~np%
and local governments in applyingtO W _'_________
needed in dermte ning whih substn iv ad a-
tions and organitational changes are kiga Ac ,engi.i
through tbs consultation ar. However,
This'Circdular is addressed primarily tone eufdot^
of existing Federal regulations. However,. agen4pe ^ ,
ration to requests from heads of State.and local gon .f...
and revise regulations already .n 4e.t ..d to cp .....4N"
nations with such officials on request .
8. Effective date.-The provisions of this CircTlAi boeti
immediay.


.. .. [" : ... ,f*..: ,i f l .... i,
H .. .i~

~. .. "* *: : :; :l :::i^ **. : -:
.. ..I
... .. ... .. .. :
.. .. .. . :: l i.: :r : .
-. : ,. *T *. ..ir ^...
: **: ; : ,. ::::. :;i( : t '.. i f i


.1
Lilt
*1'


i .I
. :


:[ i .. i ... :..J?,
** ..I "


r :. *23 it : .' i
f LUX ) .:.". : :* ..: :
,ah .' 1 '. : b ..: ..1:. '...' .:.


** .1. .' 4 "*A^ T- i
. .T.1. .r ... J ..i


... .. 4a' l's, U I




j i 0,
.. .I... ..



t .. I i
S : ...... :: ... .. .
:.: "y ... ,- *tiuijn [
-*r ; .. "i- i '. ...


..! - i : ....* i i c i:
.. ..... .:'I T .
-o] ,,*" m .*. XT.,;!
': i' ^' :- .. i .i i o '. c": "i"


.: a ] a ..
E : .: 4 .

.. i ...!


S....!.L .. ... ...... ... .....i
S* ::. # : ":. 1"" .. : : '" ". : : a : l .* ; '


.: -'p *** : ; f ** t x i .;
*: ""* ... .. ^ i' ... s ^ '. -J : LI:: ;' .


-, .., f ( ..
r r .. ;.. a?, ,,, L i, '*, \ r.. ;, ,,i :i, '.J i ii'- J q:'ll
. ^ ^ *" .. : :i :r : i. :::: ''Hf.

. ., ..... ,, i. ., i auf 1in
P S tLJt ...... I .a. .


OiA


.. ....... '
..:... : .... I'- ^
a a'-" i .


'. p.:*


. ...................


t


:* :


'




V .. 7 "1
il "h f( 0 ;;*: : "I^' '"
t. .! ( ," .i ,,: .. *r' Vi, ,..' "* ,* ,
?: .. .*. .. a


Dr n
[Circular No. A-]
.... AuGusT 29,1969.
'M ft& heads of executive departments and establishments
z.d rguiaestinspermittingFed. agencies to provide
I ^ pMwze doI tec1~.uieal servicesto State and JocaL units of govern-
ment under Title TI of the Intergovernmental Cooperation Act
of 1968 .
f oe.-hib's Circulai, promulgates te rules and regulations
wlxJhihBe Director of the Bureau ofthe Budget is authorized to issue
S r.rsuant to section 302 of the Intergovernmental Cooperation Act of
$648 (1 .g-907Z; 82 Stat, 1102). It also provides for the coordination
of the action of Federal departments and agencies (hereinafter re-
:e ..to as "Federaol agenies") in exercising the authority contained
With II"Uiaof said Act as directed by the President's Memorandum
SN0ovember 8%1908 (3 F.R. 16487).
2. BPackground.-a TitZle III of the Intergovernmental Coopera-
tion Act of L9Q8 i tended to:
:, 1. ) R.n..couagoe intergovernmental cooperation in the conduct
0'( )S p ........ i e O. _: i_. .. ...
... of speciaized or technical services and provisions of facilities
L essential o the administration of State or local governmental
f .ativi~tis., : .
",. (2) .1Enble State and local governments to avoid unnecessary
dII i p Jdtiiin o'f special service functions. ;
Sr* X.3) A Autborize Fqderal agencies which do not have such au-
4 .; ority to pupv. rewhubrsable specialized and technical services
Staand aqvrents.
B .-.Ti^t;e 711 t1.Avt ,autharizes theMhad of any Federal agency,
mMac irsiioR anud upon written request from a State or political
1bdivisioon thereof, to provide specialized or technical services, upon
s"4ent to thp1idgral agency by the unit of government making the
upqrgst^ oi sala:es.and: all other identifiable direct or indirect costs
,fltIe QfIthe Act requires that:
(1) Any services provided pursuant to Title III shall include
Sthols... a. which- the Director .oI the Bureau of the Budget
iih rowh rules aand regulati a determipmes Febderal agencies have
t,0ily et to p Cid. shl
es Prgiations -shall be consistent with,
4:A:,i&.J.1 ifuheraac* o the. Oqevnment's policy of relying on the
: i :.ripat, enterprnsee sa rWn: tP priW those services which are
1:`F f 1aly e4 ,Vitiousy lvaable through ordinary business
4o wy ..v ed. bay, a Federal agency in payment of
..bh.. wciazkec oem alsrvi under Title III of the
Sepited ,to the creditof the principal appropriation
... fich the cost prodding :ch services has been paid or
S ito b charg.d.





0MB CIBCULAM A-91


(4) The head of an Federal shall f ish uly to
the respective Committees on 0vermet Operations o the
Senate and House of Representatives a summary report on the
scope of the services provided under Title in..
3. Reservation of erkstinq ftautho. -The authority contained in
Title In of the Act and this Cir Wis in addition to, and does not
supersede, any existing authority possed by any Federal
3. eisting .... ny
agency with respect thing seices, whether oa a ini
or nonreimbursable bas%6 aStte ir uns of ge....
"'Z jj _"" "'1 I .^.. ^ L r ," ':' ..i .... m ':Em;",,. "31 "' g Lj 'a- .. R i.'~ ""M ys ":" ""
reporting and other uru 61i
Circular 1 not apply to srdces ndersu fA
authbrities 2..
4. Definitio ns.-For purposes of this Circular:
a. The term "State" means any f the several Stes of thbM.0ited
States, the District of Columbia, the Commeawealth of Puerst Dio
any territory or possession of the United Stats, or any aor
instrumentality of a Sta, but does not include the gverainents
the political subdivisions of a State.
b. The terms "political subdivision" or "local gV!ernmeat" 4neu ka
local unit of government, including specifically a county, miipah,
city, town, township, or a school or other special district created by
or pursuant to State law, or combinations thereof.
c. "Specialized or technical services" means statistical and other
studies and compilations, development projects, tbdhnihl tests and
evaluations, technical information, training activities, surveys, reports,
documents, and any other similar service e actions which any Federal
agency is especially equipped and authorized by law to erfo
5. Polioy.-Federal agencies will cooperate to the maximum extent
possible with State and local units of government to rid ..such
specialized or technical services as may be suthoWAid.S uch devices
hall generally supplement, not supplant 'exig sOvlu T ed-
eral agencies should not provide services with full rei ...b1rq"i"nt
under this Circular which have hIhetofore been fura ed Cr iles
than full reimbursement under other authorities. m.lenpedf
requested to do so. ..
e. T es of service that may be pvied.-a ITis hereby dt-
mined that Federal agenies have the special competee to pli
and may provide the following specialized or technical er
facilities related thereto, pursuant to Title m: ofu :th
mental Coeration Act of 1968: .. .
(e ) s ny o e ti statistical or other studies And eomplation,
reilts of a te and evaluation, tehical itio
surveys, reports, and documents, and any.di &M 0&,:hi:h
may be developed or prepared in thle future to *lt ..eds of
the Federal Govnmnt or to ay ut t:e J gram
re sibilities of the Federal ag fe nvved
(2) Peparation of statiticul or ,tes tetodNe ft h pilaf
tons, technical tests and evaluations, technical id ur
*es, reports and doonmentE, id maslhsi Ma of
GU aand n tM pnparaa df M AOL mimtk Mtidsd
e o type umilar to thoe. wliehf Fdg
rLiorzaadbywlaw toacasduceobnhaiMt. ~':w
Sf; .J t a




6&MB tID'"" Aolh 7


H e tfl) T^nSth^ ofae type wbclfl he Federal agency is author
i"' l *' i y)w to c, hed t tt Feder&al permsonmel and othersor *nhid
P) IJ ]dmiiartattehtaiing
r ::i(4 )^ Tettjai bid in the "ept~~eatn of proposals for develop-
P ment an4d other. projects for which the Federal agency provides
. .,.f.th i'aid o .theo ssiKtance, pmwkled such aid primarily
t ? tre tthewns tl ability of the recipient in developing its own
ft ppk-yt ptpare propesls. eu ncai
S (y Teehnieil inoratiE, presmg, eomtleations
v n v eIZnnelA manti.eet systems services, and technical ad-
.* v"i& o4ln prm logistical "ad managemnt services which the
* Federal agency normally provides for itelf oa other t nderSit
"'bf Anyofthle abon speelalired or technical services provided to
*tf. Stat M d their political subdivisions under existing authorities
fly alo protidW under Title I! of the Act and the terms of
Sef *. Federal agency receives a request for specialized or technical
bfleep wMkh are not covered i uubpftgagraph a above and which it
Wevlftw i eonMlttent with the Act and Which it has a special comr -
Wt provide, it should forward suche request to the Burteau of the
sege t for aetift. Similarly, if there is doubt as to whether the serv-
ie quested is covered by subparagraph a, the request should be for-
ear&l o l uirau of se Bupdget for etion.
*rr^Cl4aI4 tMejer trwi services maVbe prvvided.-The special-
i fl&:t1c19 s10tvies provded under Title III of the Act and this
F9vircuaf' ble uvide, hi the discretion of the heeds of Fedeni
lenes,6d dr the following conditions:
'fl4W Srvi* will be proved only to the States political sub-
bhio8 thereof and combinations or aSociations of such govern-
ments or their agencies and instrumentalities.
S08iervie wiMbbbe provided only upon the written request of &
Stats or political subdivision thereof. Requests will normally be made
o the chief executives of such entities and will be addressed to the
head of the agency involved.
nF -Such services will not be provided unless the agency providing
services is. providing similar services for its own use under the
pokices set forth in Bureau of the Budget Circular No. A-76, "Poli-
pp for acquiring commercial or industrial products and services for
H.iernment use .(Revised August 830, 1967). In addition, in accord-
:iine with the policies set forth in Circular No. A-76, the requesting
iti ty must certify that such services cannot be produced reasonably
9d expeditiously by it through ordinary business channels.
4 Such services wil not be provided if they require any additions
of sta or involve outlays for additional equipment or other facilities
,y for the purpose of providing such services, except where the
ost th~~~zof ar charged to the user of such services. Further, no staff
44%ioios maybe made which impede the implementation of or ad-
hrw & employment ceilings.contained in Bureau of the Budget
H qlowance letters
t"Sut prvices will be provided only upon payment or provision
o imbursememt to the Federal agency involved, by the unit of
Ah'.


a







o.v.rnmet. _makng th eues <>fali^ ii ^I idpo
.r and direct costs of pesots.1e!M & FWo4t .deter-
anination purposes, Federal agencies wl guided itjolicies
set forth in Bureau Of the Budet Cul No. A-25,"U er charges"
'(September 28,1950). *
f. Any payments or reimbu nsmoutaeopived by Federal agpcies
or the costa of suh services will be epo ated to t .dit of the
principal appropriation or other accom from which t tta of
providing t services have beep m paid W re to be charg .
g: In t6 event a request for & servi denied, the Fgcy
shall fur ish the entity making the request with a ttameat indicat-
iug the reasons for the denial. ... ,;. ,
8. Report to (omgresa.-The head ofeAch Federal agency will 'fur-
nish annually to the respective Co:.ttee onGove ent Opea-
tions of the Senate and House of Repreentatives a summary o
on the scope of the services provided wider Title IM of the Act and this
Circular. Such reports will be prepared as of the end of each ledr
year and will indicate the nature of the services rendered, the names
of the States and political subdivisions involved, where practcaa4
the cost of the work. Services provided under other authorities aeW
not to be in included in the reports. Copies of the reportsa.will be su4i
mitted to the Bureau of the Budget not later than March 80 of e
year. .. .... ,
9. Effective date.-This Circular is effective immediately. t Spea -
sedes the "Interim Regulation under Title M of the Intrp. t"en-
mental Cooperation Act of 1968 (P.L. 90-577)," dated Deb.r 109,
1968, concerning training by the U.S. Civil Service Commeio
10. Inquirie.-TInquiries regarding this Circular may be.addrese
to the Office ,of Executive Management, Bureau of the Budget, Wash-
ington, D.C. 20503, or telephone (202) 395-4984 (Governmak nt dial
code 103-4934).
EOBEBnP.MaTODhwdor.







.16
. .. .. ....

. .... A ... I.


0 `11JA.jk
j .. 1
f : w .!:;.:
.. .. :::. :.:f
,* : ... ; : .. *, ::. : *





....
w : i-I-X 1
... i q .: : : # ...
-. .*, : .a :
.. .: ... o ** : ;... ... "
: ; '. . .* : ; ... ; i ^ **: "
'. ": .: : -. ,| .. ... t ; : 1 : ..( .-
.. *:i .., ; .. -^ j-/,-r'- '"^ ^
~~ ~ ~ ~ ~ : ;* '. 'i:'. .-?''^^ ::. ^ ^ .S... ry
:; .. *.. .. :; '" ......:::: .* ,' ::": .f o 4 H :
: : .. .....
e... m .. .^..m:s
." .. ... :: #. : ":,..:: **.. : r ^ l : : mil..'- 1
*. : :Ti : i ; : : ',: :'. ^" ; :;' ... :::^, 'T p m i io' i,





". .. ** -. ,. .'A .> ''." > *. ..

'!:,, ':: .. l i .'. > .L ," : .


S": : .... 1" 301
j COASTAL ZONE MANAGEMENT
COASTAL ZONE MANAGEMENT ACT OF 1972
i [Public Law 92-583, 86 Stat. 1280]
1: A ACT to establish a national policy and develop a national program for the
Smanagement, beneficial use, protection, and development of the land and water
resourcess of the Nation's coastal zones, and for other purposes
Be t MwGOed by the Senate and House of Repre8entativeu of the
tlnite states of Amnerica in Congress assembled, That the Act entitled
'!An At, tp provide for a comprehensive, long-range, and coordinated
stlij rogram in marine science, to establish a National Council on
rin6 sources and Engineering Development, and a Commission
Mare Science, Engineering and Resources, and for other pur-
poses", approved June 17, 1966 (80 Stat. 203), as amended (33 U.S.C.
101-1124), is further amended by adding at the end thereof the fol-
lowing new title:

MITL] [I' -MANAGEMENT OF THE COASTAL ZONE
I 'M SHORT TITLE
* -"T ** *" : ": : ...- .
SE. 801. This title may be cited as the "Coastal Zone Management
d' 17::2* "*- ':'. )CONGRESSIONAL FINDINGS
IV .,,: *:,* .
.SiaA&t The Congress finds that,-
.(a) There is a national interest in the effective management, bene-
.fticial use, protection, and development of the coastal zone.?
-*. (b), The coastal zone is rich in a variety of natural, commercial, ree-
ational, ecologial, industrial, and esthetic resources of immediate
adipotential vabu to the present and future well-being of the Nation.
(c) The icreaming and competing demands upon the lands and
waters of aMr coastal zone occasonedby poptiation growth and ecor
apsc development, including requirements for industry, commerce,
ipdentlal development, rellcreation, extraction of mineral resources
and fossil fuels, transportation and navigation, waste disposal, and.
harvesting of fish, shellfish, and other living marine resources, have
resulted in the loss of living marine resources, wildlife, nutrient-rich
areas, permanent and adverse changes to ecological systems, decreasing
open .space for public use, and shoreline erosion ..
u1W.d4 T.enotsal mone, and the fishy shellfish, dther liviMgng marine
resourew, and wildlife therein, are ecologically fragile and conse-
q ntlyttrtemslyy vulnerable to deatratio n by m, al 0 teration,;
, ",'ll ," :. t ,"' "I D, .A ...:"1 33 :" ..

f1 "i .L. ....aWn ad (f) se t Pilton 2( B) Of sue- Ac elLted ed
a the en of uleotion () and Inserted a "period" at the end of each bt
1)aand of each SU'eta;





133COAWAL sonA MET


(e) Important ecological, cultural, historic, and in
the coastal zone which are essential to the well-being of all citimnMs are
being irretrievably damaged or lost.
(f) Special natural and scenic characteristics are being damaged
by ill-planned development that threatens these values.
(g) In light of competing demands and the urgent need to protect
and to give. 'h prion-ty naura.in .oe h zone, pres-
ent state and ocal initutional fr adrgu-
lating land and water wau in such a.ea are in.sdpm te.
(h) The key to more effective protection and use -f the land and
water resources of the coastal zone k t-oIdirage the states to exer-
-ciae their full authority over the lanAs and waters in the coat zQOe
by asmisting the .stes, in coo per wia Fial ad lVed.a.em-
ments and other vitally affected ine.eets, i devbpig la.d "3wter
.use roa for. the coastal zone, .nclu wail polices, a tra,
and,,method, and processes for Meai w land aid .trr
*use decisions of more than local significance :. ,
(i)1 The nationall objective of attaining greater r degi fa y
self-sufficiency would be advanced by providing Fe. hnmnc 1
assistance to meet state and local needs reulting from new or -
panded energy activity in. or affecting the coastal zone.
DECLARATION OF POLICY
SEc. 30& The Congress finds and declares that it is .e nstignal
policy (a) to preserve, protect, develop, and where possilel,to Mtdore
or enhance, the resources of the Nation's coastal zone for this and
succeeding generations, (b) to encourage and assist the states to exer-
cise effectively their responsibilities in the epata .zoane tlrog ithe
development and implementation of management prograpWo jj
wise use of the land and water resources of the coastal zone gi ng fdl
consideration to ecological, cultural, historic, and esthetic values as
well as to needs for economic development,. (e) f.or all Fedl agen-
cies engaged in programs affecting the coastal hfl* to ctwperat and
participate with state and local governments and regional. ageides in
effectuating the purposes of this title, and (d) to eneewrag. the par-
ticipation of the public, of Federal, state, and local. governmts ind
of regional ageneses in teb- development of coastal one mae
program ms. ith respect to implementation of such maIget- ent pro-
grams, it is the national' policy to encourage coopmtims among the
Various state and regional agencies inuding estabhiuAet, of inte.-
state and regional agreements, cooperative procedure, and jPiat tfn
particularly regarding environmental p lems. i :
j .; .. :. .!. d i :, ,: :. : ., :,:.
DWINITIOfS E !roxI." ...
** ** .. .... : : h ; ... ....- .," ',
SEc. 304. For the puroee of this title-r, ;., .: .
& R. 1'.
(I)} The term "cosal zone" means the coata $s lud.ing
At
MIY i I ssu r0aaafoistw
subseetIona h) -.................. ..
A. B eeS a 4 :. .. .. Af : i"" ji .


1303






VTin dk Wihn"dtiandaid the tajacent horelan(in-
cludijig.the waters therein -and the.mmderYdr, strongly infnehced b_
aiicf xiinit t th 'shorelines of the several coastal
V 'f.I1I iiTdV ritionai anid intertidal areas, salt
arses, wetlands, and beaches. The zone extends in Great Lakes
S7t&ternjtfl 'Ibotdary between the Tuited States and
thi i8;fi 'other tita, seaward to te outer limit of the United
States territorial sea. TM6.zone ,'xtnds inland f'om tho shorelines
ttYr fextf iece$ry to cont6l shorelanis, the uses of which
d dtlita *nJ tiBicant impact on the coastal waters.. Excluded
fi i. 4h..t ast&3 .ob are ,lands the use of which is by law subject
U Jto: tie di$d etivu of or which is held in trust by the Federal
=uuit9'its officers aAoants.
Mi)t.Je t!lrir,astal waters" means (A)' in the Great Lakes
^ .tt 4 6ile ,etbh the territorial jurisdiction of the United States
-the.. t.e'G mat Lakes, their connecting waters, harbors, road-
Wi,%and' estuytr-type areas such as bays, shallows, and marshes
and (B) in other areas, those waters, adjacent to the shorelines, which
Wbida teasriuble quhaltity or percentage of sea water, including,
a. jjijjjt" sod-a bay, lagOons, bayous, ponds, and estuaries.
b floaaal3 state" meaflnss' a state of the United States in,
S.wrd~elng o b te 4 Atlntic, PNeifid, or Arctic Ocean, the Gult of
Mexico, Long Island Sound, or one or more of the Great Lakes. For
690u4p W thi K title, the term also includes Puerto Rico, the
IWR, 6et Ob 41 and American Samoa..
t (i)q The *Ve n t ol energy activity" means any of the following
4 iti'utliay t"sd to the extent that (A) the conduct, support, or facili-
l tite t aeht activity quirea and innblves the siting, construction,
.x.. sion, or operation of any equipment or facility; and (B) any
Niia tn m amBnt egiiet whiehi in the determwiation of the
Seuretaiy, necessitates that the siting, construction, expansion, or
f mashtqulyip t or facility be carried out min, or in close
tajtkca*bt snelof any nstal state;-
(i) Any outer Continental Shelf energy activity.
foiaeiiit 2A ta!snpdrttation, conversion, treatment, transfer, or
elodf!tnrMgbtlituie natural g.em
uon'is (iii)> Ax traustpartatin, transfer, or storage of oil, natural
kOwaOrn k k1ttdg bt not limited to, by means of any deep-
zi Waerwr 4"portsdefn&d inseotiowi (10) of the Deepwater Port Act
flf qq.a tf p gM tho icoiltretion, expansion,
o.r opollitmM yto lpent fa tdity sill be "inm close proximity
to" thoe coastal zone of any coastal state if such siting, construction,




'. ..."......... ,.,,n._" s: bUe,. L
...:.. Ma!I, "I -ft a45h^ Law


'r-iLipE l" O F" ... ....W. .....-." .-... W .. ..-.
il Zone Management Act Amendments of 1976, Public Law 94-
6re, 90 Stat. 1013, Inserted new paragraphs "(4)" and "(5)".


4" p.





&iA 4294rrWAL 'HY MAiak~fWrman
J"J304

)The term "or. facilii q, rwip, AMf
whiSis or willbe ub sPrimaril d. :..- -:
(A)f the exploration . .
convenrion,-storage, transfern pwseug,.||i spu
S enery resource; or U. i I, *:'gi.i.,: *....fijv.
S(B)J for the manufacture, pduica.jO s .f..
ment machinery,~~ products, or 0''..Y.
activity desotbed n subparag~aphrA Aal ...
The term includes but is not limited to (i)Jt ',;
(ii) petroleum reineries and assoc$-AteAAAacii f e4y i
plants; (iv) facilities .used for the rasportatio4 pw
ment transfer,, or storage of liquefied. nsturai, W.p; .V*.um
enrichment or nuclear fuel proCQSS fail4iies (.i) ._.
facilities, including platforms, assemb to, 7tongs depos"1
farms, crew and supply bases, and refining jomplxOs (v. i .
including deepwater ports, for the transfer of pet um (vi LAe
lines and transmission facilities; and (i) terminals whicl .are ao
dated with zny of the foregoing. .. : ,
(6) The term "Estuary means that psart of a riveu Ar fQptrsuor
other body of water having unimpaired connetion wit M vM1 a
where the sea water is measurpblydiluted with frnh wtfr^idqFoed
from land drainage. The term includes: etuarytype .rp.. of t. w
GreatLakes. -
.(7) The term "estuarine sanqtuaxy" means a reseeWqi Ame whI*
may include any part or all of an estuary and an iy:ii tAnn I
area, and upland min, adjouinig, or ad4jacsent to sucl a"rstfs a d Wich
constitutes to the extent.. feasible a natural ,unit, set asik o po, wid
scientists and students the opportunity to eaine over a puiodf
time the ecological relationships within the arfa. i.:* .1 .i.':, .
(8)' The term "Fun' means the Coastal energy Ixspeo hl
established by section 308(h). ,, :',- Arfla
. (9)4 The term "land use means activities which-ts. *roulad^
or on the shorelands within, the coastal zone, subject tWthslteisqt
ments outlined in section 307(g). /.
(10)' The term "local government" means any political division
of, or any special entity created by, any coastal stt;shi or part) is located in, or has authority ove, such state o Wistal zone
and which (A) has, authority to levy taxesler to.t iebhsmitI1lect
user fees, or (B) provides asy public facfity or pubta.:enie. which
is financed in whole or part by taxes w: u -ea ,Thwfleni-ludes,
but is not limited to, any schooL district, .fim t dao4 h
authority, and any other special purpose ditaito ilhothybs -
ii' ? y
,^- ^ ^ .' i. ..| s .' '.' *" : :" '} i ". ;'
1'Sec. 8(4) of the Coastal Zone Manameat AetAsMOdFt ef,74. PhIa.Te
870 approved July 36, 1976, 90 Stat. 1013, inserted neW' 4flra .,4
kSec. 3(5) of the Coastal Zone Management Act Amendmen i % WO'l 'iM
94-870, approved July 26, 1976. 90 Stat. 1013, deleted "(d) 'Estuary" ahmlal
lieu thereof' (6) The tern 'estuary' ".
,'Sec. 3(0) of the Coastal Zone Management Atdolj 1 b!.09W
9"7 T, apprved Jul 26,.'1976, 90Stat 3018
T) S9(!)(A) 2F such Act det MRtS
term 'etuarlne' ; se. 8(6) (B) of such Act deleted the warts
flonal armeas, and adjacent upklands, coftltntlu I'll
and ablland tran tlonal a.ea. and apland
'gee. 8 (7) of the Coastl zone. X ,ea t AA..
'-nA aoss M'R~ ps h
added new paragraph "*(8)", "(3)"' atd "(107 ". \':". .i: rf.* r,..',:'iiTi?^
t -'' *- b'.**- ''* .PE:...b.*: "> it ^ V ; J*'7 *r ::t l^'*!ti.iruj'1t d.?


4




maSwAIt *Ofl xrAGEMEzNT-0


eblx11 e 4 mj 'qn aig.ent program" includes, but is not limited
to, a comprehensive statement in: words, maps, illustrations, or other
Saedit of o nufcatioti prepared and adopted by the state in ac-
cordance with the provisions of this title, setting forth objectives,
wpi'ies, sad stamdard- to guide public and private uses of lands and
Jmtafr ite coastal $one.
(12)2 The term "outer Continental Shelf energy activity" means
S-moy oepi *Qi for, o. any development or production of, oil or natu-
rid gas from the outer Continental Shelf (as defined in section 2(a)
MiAwQutir Coztinttal Shelf Lands Act (43 U.S.C. 1331 (a)), or the
itwg, onstrictoi%, expansion, or operation of any new or expanded
nergyfailities directly required by such exploration, development,
or production. .
* j(e() Th5'ohterm "person" means any individual; any corporation,
partnership, association, or other entity organized or existing under
atMlawof any state" .-he Federal Government; any state, regional,
-.rrocegotgvernmet; or any entity of any such Federal, state, regional,
,t. wloer government. r i
(14)' The term "public facilities and public services" means facili-
sim. oirvices which arn financed, in whole or in part, by any state or
$biic.al ubdivisidn thereof, including, but not limited to, highways
iIkd.seo*dary .rQ,%ij parking, mass transit, docks, navigation aids,
fire and police protection, water supply, waste collection and treat-
.t (.i WadiAg dninage) ,-sch ools and education, and hospitals and
Jeatltht ere. Sucteanm ty also include any other facility or service so
'tappt*&wttii the Secretry finds will support increased population.
(15)' The term "Secretary" means the Secretary of Commerce.
-.41 )kT Thetreai 'water use" means activities which are conducted
'Artndthe water; but does not mean or include the establishment of
imy.watAeiu.ty stadard or criteria or the regulation of the dis-
char.oe or runoff, of water pollutants except the standards, criteria, or
ngalaiocs which are incorporated in any program as required by the
provisions of section8o07(f)-

:' 1 q .. .. -.,,
". *
Sar ;s r^ar flodflhNT KOOA EVELOPMENT GflA2TS

C~,;$p5.4.a) flT Secretary may make grants to any coastal state-
awi:r.(1) ud .ukectiom (c.. for the purpose of assisting .such
no r S ri iik development of a mag en program for the land
aet.,, w ;BSouTofJPef of its coastal zone; and
'1: Rfndqusubsection. (d) for the purpose of assisting such
US-.h. to(:) p of a ssiting such
-s,.$.. ..M the Iompletion of the development, and the initial imple-
aqu. o9, oeit aangsn.lt program before such state qualifies
fr admininistrative grants under section 306.
t tofd tt -- aew t .u IIpbuie LAW
'Mniemag e l l and Inwrted

4 Oest Se Manameut Act Amendtme nt of1 of 197PiIBw 94-7,aw

approved July 2q, W BO,96 Stkt 108, iserted a new section 805 to read asset forth
Wtt htl-t ~..m f t -, **.*


22S-674--TS-pt. ---6


1305


S88





130..M t e a -t f h Mlan


(b) The management program fhr ea$S d Sta s .a hAVM d.
each of the follow g requireietu: D: I' I .101
(1) An idenUtilcation of the bewadMS.i t&e be
Lon b.LwLN4INjBo
subject to the management Drogram :::i h ..
) A definition of vhat-s pisilhd
and water uses within the coastal zone wi ta e ..l. AW:i
significant impact on the coastal waters. ...... ....
S (8) An inventory and designate b areas ofpms. U -
ceri within the coastal zone. 4 '' ,'f ;;* I i
(4) An identification of the mans by hl etht O i'qss
to exert control over the land um.sei water am... nnted
paragraph (2), including a lisdigof ,elnteoastutib lr-
visions, laws, regulations, and judicial decisions. "
(5) Broad guidelines on proities of Mus in prtact eas,
including specifically those uses of lowest priority i .. .
S(6) A description of the orga tonal ructure prpdto
implement such management program inuding the rmpS-
bilities and interrelationships of local, areawid, stat regional,
and interstate agencies in the management proesa
(1) A definition of the termr'beach' and a planiuw pc
for the protection of, and access to, public beaches aid Mc
coastal areas of environmental, recreational, .hitoriec, .
ecological, or cultural value. i "
(8) A planning process mfor energy.fa,.lities. likdy t.b l o ed
in, or which may significantly affect the scaas m ik ,e
but not limited to, a process for antictpatI g.djm&aagin#atw
impacts from. such facilities. ', ,
S('9) A planning process for (A) assassin le fteff of6shore-
line erosion (however caused), and (B) studying and 'vulutmg
ways to control, or lessen the impact. of, tn eoiao, ad t t
restore areas adversely affected by such erosin.:: ..:.. i 1
No management program is required to. nmee tthe"P......in
paragraphs (7), (8), and (9) before OctoberwL IWISE 1, wiv.tI,
(c The Secretary may make a grant annually to any coastal state
for the purposes described in subsection (a)'(1) if such state rason-
ably demonstrates to the uatifattioum:of the.Se.tsA4at such grant
will be used to develop a management program onpusisten with :the
requirements set forth in section 3. The amount ofaty isuh'fat
shall not exceed 80 per centtm of such state's ttst f s"9 Paem
in any one year. ...No coastal tate is eligibl to recqil'M-r
grants pursuant to this subsectio ni. Afte the initial g t'bmdMe to
any coastal state prflnt to this subsectien, no SIbSE SM grunt shall
be made to such state pursuant to this snbueotion d i&:e tt:ecre-
tary finds that such state is satisfactorily developing its et
program. : : :
(d) (1) The Secretary may make a grant annually to
ptate for the purposes dptribs4 & Rbesci
finds that sue state meets t:e ?*fl jhiI E
paragraph (2). The amoumtoa un a o
per centium of the cost e for. suolp.p.. :'. .' .)
(2) A natal tat. is elgilN t. IaT gatsh
t i fi hi" i "
., :.. *0 ...E .Tr : E :. 1


8.


. :2 7


s305




mire-N 'sam. SWaoAGUNT 4*8


(i) is in compliance with the rules and regulations promul-
gated to carry outsubsection (b), but
-1 ; (ii) his not yet been approved by the Secretary under sec-
tion 306;
(B) specifically identified, after consultation with the Secre-
tary, any deficiency inesuch :-program which makes it ineligible
for approval by the Secretary pursuant to ,section 306, and has
established a reasonable time schedule during which it can remedy
any sAuh de ciency; '
:. (C) ~Specified the purposes for which any such grant will be
ui u'ed *. .
^r j(D) taken or is taking adequate steps to meet any require-
ment under section 306 or 307 which involves any Federal official
-OG or agency; and
1.9" E) complied with-any other requirement which the Secre-
O: ttry, by rules and regulations, prescribes as being necessary and
appropriate to carry ot the purposes of this subsection.
: (3) No management program itor which grants are made under
thi W9bsetion sall be considered'an approved program for purposes
i isedio 0t ;
OF' (e)' 'Grat. under this section shall be made to, and allocated among,
he cotal st!ts pursuant to rules and regulations promulgated by
he Seretatjr except that-:
C ('l)' no grant siall be iiade under this section in an amount
S"iwhih'is more than 10 per centum o0f the total amount apppropri-
Sated to carry out the purposes of this section, but th Secretary
S' may aive this limitation in the case of any coastal state which is
eligible for rants under subsection (d); and
i n, Jo grant shall be made under this section in an amount
:: '*~~A Idsis less than 1 per centum of the total amount appropriated
S: to dit0y outf the purposes of this section, but the Secretary shall
^'ivthisi h station in the case of any coastal state which re-
'"^ n "estssuch awaiver.
I ^(f Thi~nacuit of any grant (or portion thereof) made under this
: tt which is tiitbbligated by the coastal state concerned during the
Fiscal year for which it was first authorized to be obligated by such
e, r durn the fiscal .year immediately following, hall revert to
iW de&a y jh hd suchh 'amount to the funds available for
l :pte h ,:r'I-,c ap p r ov a. l' .
^, t Wi; the afrmnval Of the Secretary, any coastal state may allo-
) tl arnment, td Any areawide an'y des ated under
t~ ~t if !feoonytrstiomCitiesdan
f it aon c ts and Metropolitan Develop-
e:'a y .rein age tay interstate agency,
MAnofny at reved -tundAr this section for the pur-
I 9 Uaig Qout the p fl so thi sQction.
i ,1' ^IW^" C'w Abt"ih hU completed the development of its
E'iprkrra "a]l.. subnbi, ,u, program"to the Seeretary for
I t rV awantt to section 306. Whenever t'ie Secretary
| n~~~agment program of any coastal state under section
,i e u ,c h ,. .
''wi ~ ~ ~ ~ gr^Wt~U^ ant~sUdr this setio;ercept
S^ill ^ *t Wr reepi, V grants uwder subsection (c) noa-er
.0!J.2 JST ei "' i...:a..+. .
.... et 1?^, : WV M a... '[;.::- ^^t. : ,,. .: .*.',.. "* **.:; : .* :^ .. .. "" '*** .
9*10ho-tijwon.7


41-'M





tOA~lSTAL OEMANGM


to comply with the requiremettafipamraphas (T),(!, and (9)
of subsetion (b); and :
(2) shall be eligible for grants under section 306.
S(i) The authority to make grant under this secAion hall expire
on September 30,1979. :
,\ .... ..,. ..h "- : ", '. 1
A* '4/'a. '
ADIMGISTRA~M W SRM 4.. 1 4
SEC. 306. (a)1 The Secretary may make a grant annually to any
coastal state for not more than 80 per centum of the costs of admin-
istering such state's management program. if the Scretary (1) finds
that such program meets the requirements of section 805 (b), and (2)
approves such program in accordance with subsections (c), (d), and
(e). .
(b) Such grants shall be allocated to the states with approved pro-
grams based on rules and regulations prompulgated by the Secretary
which shall take into account the extent and nature of the shoreline
and area covered by the plan, population of the area, and other rele-
vant factors: Provided, That no annual grant made under this sec-
tion shall be in excess of $2,000,000 for fiscal year 1975, in excess of
$2,500,000 for fiscal year 1976, nor in excess of $3,000,000 for fiscl
year 1977: Provided further, That no annual grant made under this
section shall be less than 1 per centum of the total amount appropri.
ated to carry out the purposes of this section; Agnd ProvideduIrter
That the Secretary shall waive the application of the 1.per centum
minimum requirement as to any grant under this section, when the
coastal State involved requests snch a waiver.,
(c) Prior to granting approval of a management program sub-
mitted by a coastal state, the Secretary shall find that:
(1) The state has developed and adopted a management program
for its coastal zone in accordance with rules and regulations promul-
gated by the Secretary, after notice, and with the opportunity of full
participation by relevant Federal agencies, state agencies, local gov-
ernments, regional organizations, port authorities, and other inter-
ested parties, public and private, which is adequate to cay out the
purposes of this title and is consistent with the Aolicy declared be
section 303 of this title. ... .
(2) The state has: : ',
(A) coordinated its program with local, ares-de an
state plans applicable to areas within th cqastl zone wstu on
January 1 of the year in which the states manageint program
is submitted to the Secretary, which plans have deveope
by a local government, an areawide agency ..dltgad purswt
St .ai .. : .. "m.""''..;:
to regulations established under section 204 oZ P em4n.trifp
Cities and Metropolitan Development Act of i.66., a .egc
agency, or an interstate agency; and r t,. i '"
(B) established an effective mechanismn for, n.g n-
sultation and coordination between the managWme aen" des-
nated pursuant to paragraph (5) of this subsection i i
governments, interstate agenciQs, regpual 4 cW M4 ;i
e e 5 of the C OUWtal zone m aauane.t Act ha NtlulB lf J i
tdeJul 2j6 ,, 1976, 90 Stat. il ,Mff
-Sea. 2) of Public Law 9-"1i2,. f68 'tit 197Inap ~pnv Jaiw".1 n4b-
section C(b) of motion 800 b y deleting all after "relev:an factor" and addliag new pnvluos


868






I SaSes: i d in thet Coastal zone to assure the full participation
hof u hloc governments and agencies in carrying out the pur-
poses of .thtitle; except1 that the Secretary shall not find any
S mechanism to be effective for purposes of this subparagraph un-
I fii less it includes each of the following requirements:
(i). Such management agency is required, before imple-
meeting any management program decision which would
.onfikct with any local zoning ordinance, decision, or other
I action, to send a notice of such management program decision
r to. any local government whose zoning authority is affected
thereby.
(ii) Any such notice shall provide that such local govern-
Sr ; ment may, within the 80-day period commencing on the date
O..f receipt of such notice, submit to the management agency
S, ~-,written comments on such management program decision, and
"" any recommendation for alternatives thereto, if no action is
; taken during such' period which would conflict or interfere
with such management program decision, unless such local
S government waives its right to comment.
(iii) Such management agency, if any such comments are
.submitted to it, with such 30-day period, by any local
^ government-
'.. (1) is required to consider ay such comments,
(II) is authorized, in its discretion, to hold a public
hearing on such comments, and
(" (i) may not take any action within such 30-day
., period to implement the management program decision,
'. whether or not modified on the basis of such comments.
'".(8) The state has held public hearings in the development of the
nahagement,prgra.
i.'.() The management program and 'any changes thereto have been
k ievewedtd .approved by the Governor.
.) The Goveitnor of the state has'designated a single agency to
.ree and administer the grants for implementing the management
p, a .vam required imunder paragraph (1) of this subsection.
(6) The, state is organized to implement the management program
U.iredtinder paragraph (1) of this subsection.
i.n) OTe te has the authorities necessary to implement the pro-
'Ai A..I rfthe authority required under subsection (d) of this
***a y j '^ : .. ... T .. *. .* v.. . . .. '
i~{Clm lgu m program provides for adequate consideration
xinttrest mvo v planning fdr, andh in the sitin of,
j k" i .lndink energy facilities in, or whic sigifcantly affect,
tStafzc n)~z whidh arenecessry.to meet requiremnts
,wbict a Ze at ir6 than local in nature. In the ease of sh energy facili-
,i&.. ketary shall findthat the state has given.such considers-
.rtoay a-pplicable' interstate energy pl-.an or program.
ii^,l~ T^ .. *'. '-. ""- -, T ..., ; "** '*
H.tbtcIiiMalWemze Man&guatM e eeudmat of i9U Pubtc Law
J|."an""JU:" W 1906: Stat 1013. am.diAubibu= (e) (2)(Bf) ..r.wd as
Wp OS ZO -, sne Manegnt AIt. d:S 176 Public law
Is, .ly 1976, 90 Stat 1018, eorreeted n bectlon (c) (8) to read aa set
J. 'rtJ iN .r. .. -- *.. *. r .H. .:t.[ *.
.: 'i ... i a"', t'. rA *".: i," ,: ;i. :" .. .r :: '' .. :. 'i : .' .. .-: "'; *:. ..... *- -


,itss~a asixBGsssANT


It.af





tam


a -


(9) The management program mamai pM msit r
whereby specific area may be dipatd forheptp r er
ing or restoring thea for their.mm A-2on, go w1ic h ee,,lmica
or esthetic values :.. ":,. ... ., ::;..i :
(d) Prior to grating approval t th piawan.. pa,. the
Secretary shall find that tie sata, i through ia oi agency or
agencies, including local gae m mM .aee esgnated
under sectiA n 204 of the Demonstia m Cties sadtan De-
velopment Act of 1966, regional aeies, or intestate ncies, has
authority for the management of the matal zone is accordmance with
the management program. Such authority shall include.. pwr-
(1) to administer land and waer urregulation ..,control devel-
opment in order to ensure compliance wi the management pro-
gram, and to resolve conflicts among competing uses; and
(2) to acquire fee simple and less than fee simple interests in
lands, waters, and other property through condemnation or other
means when necessary to achieve confoarmnce with the manage-
ment program.
(e) Prior to granting approval, the Secretary shall alo find that
the program provides:
(1) for any one or a combination of the following general tech-
niques for control of land and water uses within the coastal zone;
(A) State establishment of criteria and standards for local
implementation, subject.-to administrative review and enforce-
ment of compliance"V
(B) Direct state land and water use planning and regula-
tion; or .
(C) State administrative review for consiitecy with the
management program of all development p.ban p.projects or
land and water use regulations, including eceptionsi and
variances thereto, proposed by any state or loal authority or
private developer, with power to approve or disapprove..ft
public notice and an opportunity forhearihk.
(2) for a method of assuring that local land ail water use regu
nations within the coastal zone do not unreasonably *est4.i, or
exclude land and water uses of regional benefit. "
(f) With the approval of the Secretary, a state may allocate to a
local government, an areawide agency designated under action 04
of the Demonstration Cities and Metropolitan Developmet Ac4 of
1966, a regional agency, or an interstate agency, a portion of ti a4
under this: section for the purpose of carrymg out the p o-9
this section: Provided, That such allocation shal nt 44
of the responsibility for ensure that any funds so a
plied in furtherance of such state's approved.m progaA.
(g)1 Any coastal state may amend or modify theim a erio-
gram which it has submitted and which h'as beep.appii ..... ....cr
retary under this section, pursuant to the reqir ppod.us4
scribed in subsection (c). Except with respect to any isuc ardent
which is made before Octobeqw 1 1978, otte puxjoiq opm jg
'" I..9.... ..... imON"e % 0
with the requirements of :paragmrahs (7), (8), !" (_ l
305(b), no grant shall be made under tis sMatia o.
... : : .+ +::+... :. +...' : :: 1 ::1:t+ ::* + .*.N .W + *:. l : +I:iT;:: f -t: +
--- j+.++ +++.+ +ii r,< ,fAho
I See. 5(4) of the Coatal Zone Management Aet AmeRmaM of I9ft N._tL s Law
94-870, approvMed July 26, 19T6, 90 Stat 1018, hint erd ew psal.m (W..

480




w RB


1,307


IW m ,ob' tT% m am. nd.ent or modification, until the Secre-
w zw 41,I1 amendment or modification.
0) tize~ diaenetica of the state and with the approval of the
Amtary, a management program may be developed and adopted in
Q as that .immediate attention may be devoted to those areas
.bitn the eoaalt. zone. which most urgently need management pro-
pams: P-..4 That the state adequately provides for the ultimate
coordination of the various segments of the management program into
a :ngle ufied program and that the unified program will be com-
pet.d as so; as ,is reasonably practicable.
x f <. .. ..*** ... *
., n nirwiNArON AND CQOYEATON1
o.a SB.p (a) In. carrying out his functions and responsibilities
undMr tist 9; the Secretary shall consult with, cooperate with, and,
to the maximum extent practicable, coordinate his activities with
o her iter-PWted Federal agencies.
.! (b)., Th. Secretary shall not approve the management program sub-
ptted xay stata pursuant to section 306 unless the views of Federal
unciest PrinPipaly affected by such program have been adequately
c)osideYa, Fed e r
I(ai) ME. thFeral agency conducting or supporting activities
4i ly affecting he coastal zone shall conduct or support those
cIOjsint.iea i MII & manner wbich is, to the maximum extent practicable,
"qOs isnt with approved state management programs.
*;(2) AnyBedrial agency which shall undertake any development
m ...oa.tal" zone of a state shall insure that the proAect is,
,, .rx itent practicable, consistent with approve state
Pimaty pro .gr...
(8) (A) teiW approval by the Secretary of a state's manage-
m, pys ..pplicaat for a required Federal license or permit
ac Y affeptingland or water uses in the coastal zone of
,te lii=6e iuthe % apition to the licensing or permit-
t ageny a certification that he proposed activity complies with
tae' approve 4eprognm and that such activity will be conducted
er .nSt th the p rogmh At the same time, the appl-
S to e .state or i designated agency a copy of the
.. t,.al&3aeo ton and data. Ea&h coastal
P Oalhpre..th for publi notice in the case of all such
k tthe exet it deems appropate procedures for
A Ae:, in on thkerewith. At the earliest practicable
or de ted.genm, shall notify the Federal agency
ijie,, .with. or objects to the applicant's
^rtic~t^ ,fie:|^ ~ita <^^ agncyfa-to furnish the
p|nW wa...fmx te roept of its copy of the
ig c. a u with ther.ification
^^ ^ 'oil~sielyprepii^;S)eles or permit shall b rne
AZne Ma _ieinent Act Amendments of 1976. Public Law
Ad. WdT1, 90 Wt 1018, deleted the ordTMRAN *N in
iA td the. "iast -ae t imbsibectton
^^.f~o^'lpR'JAREIp yeff 1W follows "In case of etokius dis-
sat-in the ado"nnent, at- the -profp
r B~entive Office of the Pre sden shallseek to.
o wS t iosa1 fn&(8) Of nIch Act amended ,ubeton () () 7 an
,' (-'' .i $ -?' i tis tf n w .i. s ': ."* ,' ;i '. -- :: : ** :''* '' ; : ,o '* ** '* -
-IM" '





18307


by theFederal agency until the state or its:es i
curred with the applicant's cei.tiflation or unJt, he Yttifl
to act, the concurrence is conclusiely resumed iy
on his own initiative or upon appeal the applicant, hd fttr p
hiding a reasonable opportunity f3rdetailed comments fro tW flda
eral agency involved and from the .tate that the ativi "ty l Soitbna
with the objectives of this title ot i otherwise xiee"aa fMRhe'intem
of national security. :, t ;
(B)1 After the management pro"rum of any coast l tte been
approved by the Secretary under sectiiont 306, any plorToI ,submit
to the Secretary of, the Interior any plan for the exploration or devel-
opment of, or production from, any hitWhi- 'hWbeen leased under
the Outer Continental Shelf Lands Act (48 U.S.C 1331 etseq.) and
regulations under such Act Shall, wit regpect to ahy explotation,ieii
development, or production described iM such plah andIffectiig any
land use or water use in thlicoastal zont of such tfatp,.attach to such
plan a certification that each activity whit is.d9&.JbBd ei ,detii&
such plan complies with such state's approved mahagemenft program
and will be carried out in a manner consistent with .sthc rgan. Nd
Federal official or agency shall grant such person any license br permit
for any activity described in detail in such plan until such State orits'
designated agency receives a copy of such certifieati.ft and! pan,
together with any other necessary data and infdnnation, Ahd nitiL-'
(i) such state or its designated asgncy, in acc6rtance wii
the procedures required to be established by uch sbte _tsuzntk
to subparagraph (A), concurs with suchprntthk certiffcaFionrand
notifies the Secretary and the Secretary of th'j.e -Thi.W of sfwh
;' .. : ,*" ') *= ". ,- i i ; *: ,1
concurrence;
(ii), concurrence by such state with such ceiifition is con-
clusively presumed, as provided for in subhO.agrigxh, A) or
(ii) the Secretary finds, pursuant to subpv1r ttgrt
each activity which is described in detail in sch ian consste
with the objectives of thisietle. or is othrwi e ne#gsathtii9
interest of national security. ....," ''
If a state concurs or is conclusively presumed to concur, :obt ife.
Secretary makes such a finding;-d the provisions bf subparagph C)
are not applicable with respect to such pWrSbnsu Federal license or permit which is required to conduct cti
affecting land uses or water uses in .the coastal zone of tate
is described in detail in the plan to whichsuch .borttr ezib
ing applies. If such state objects to ,tW'cerfibadt ad
Secretary fails to make a finding under c:ise i:,i( )."i
such certification, or if such person faiist. ibstall?
such plan as submitted, such pero shall bidt aflntto
such plan, or a new plan, to the Secretary .f the Mr4i4, S4ft
to any amendment or new plan subt... to:1
Interior pursuant to the preceding senteeie appetite
for purposes of concurrence by conclusive prowx q e'pk
graph (A) is 8 months. ,*" .... .'i
(d) State and local :vermenta" MEAGRg c i 'fr
ral assistance under other Fede, r
.. .: o .* -. i ^... : r v: p-sp r' r. ti ~ w o
P Of MM*1 01 X
r 1 4 '- ., : !. **' *. :fl .'!fl ;-": n rfit l
Be&. 64(8) of the Cosatal Zone Management Act AmlaentWi V.*flW&,iac.i
44-STo0 approved July 26, 1976, 90 Btat. 1013. Inserted a. new paunaph "(B)".


P .: r Z O!-; i" I .::M ~




-oa0fta ZONEA 3ANAGWMENT 8307
k! ,b .. i, ... .Fb L .i' 3 0 7,,!

shall id)imeateithe views of the appropriate state or local agency as to
ip rela-tionip. of such activities to the approved management pro-
rwAd for thf coastal zone. Such applications shall be submitted and
coordinated in accodnee with the provisions of title IV of the Inter-
i governmental Coordination Act of 1968 (82 Stat. 1098). Federal agen-
cies shall not approve proposed projects that are inconsistent with a
coastal state's management program, except upon a finding by the
gSec"4.try thit such project is consistent with the purposes of this title
otnecemasYin the interest of national security.
1e) Nothiig in this title shall be construed-
: (1) Wto diminish either Federal or state jurisdiction, responsi-
Sbilityr or rights in the field of planning, development, or control
-6 f Water resources, submerged lands, or navigable waters; nor to
displace, supersede, limit, or modify any interstate compact or the
j' diction or responsibility of any legally established joint or
e, comn agency of two or more states or of two or more states and
the Federal Government; nor to limit the authority of Congress
vi, to authorize and-fund projects;
k:'i:: h [2) as superseding, modifying, or repealing existing laws appli-
41.1 %.plneisinaawlppi
S cable to the'various Federal agencies; nor to affect the jurisdiction,
t pdwers, or -prerogatives of the International Joint Commission,
United States and Canada, the Permanent Engineering Board,
-/ *and -the United States operating entity or entities established pur-
:siusnt to the Crlumbia River Basin Treaty, signed at Washington,
sri Sarruary 17,~.961' or the International Boundary and Water Com-
ni 'nioaiUnite' d states andMexico.
')Ndwithstanding any other provision of this title, nothing in
&isi3titlesha1l in My 'way affect any requirement (1) established by
dit Pderal Water Pollution Control Act, as amended, or the Clean Air
Act, as amended, or (2) established by the Federal Government or by
aisy WLW br local government pursuant to such Acts. Such require-
abtIf sbe incorporated in any program developed pursuant to
tiMs t .M tdrshail be the water pollution control and air pollution
ehwl requi Inta applicable to such program.
ia ( [)h eany state's coastal zone management program, submitted
for aproval or proposed for modification pursuant to section 306 of
i tlixcldes "Wie nquimients as to shorelands whieh also would be
=b| .stdraly;upported national land use program which
ay be hermeftrnerdeted, the Secretary, prior to approving such pro-
bats9 Lh l-fn t- concurrenceb rf the Secretary of the Interior, or
B $t.* w FeerIQl official as .may be designate to administer the
o lduse propam with respect to that portion of the coastal
n,, 2menOtr program affecting snch inland areas.
;iIn cae of serious disagreement between any Federal agency

..l detp pr l timiitial implementation of a man-
3:^, o r )m"e-adh stnti 4 fa maageent program approved
T .R ...... ...... .. ... i : .: ...
CWP*t .pj te ExecuiveOffiof dthe
.m om. .... .... ....... ......
m %f1A)_.th ttaoejg. ent Act Amendments of 19i6. Public Law

q3TY ^4y19m ) in863 srt a new pgrap "()".
.''.H ,~ ..^ ">** $ 8 3t, *.. *-- ."
.. i ** : 1 .





*sos COASTAL sor ""^~tI |
President, shall seek to mediaite did renceB ini.fW
agreement The proe of such Sk" ltuqb pf
disagreement describe in par to), mineluderbbe ...
which shall be conducted in the d` low-isb$onnt i ;
j:4
C O A S T A L .. .. .. .. ri ,* :
i -*.: : .0. ^ ...

SEC. 308. (a) (1) The Secretary sall administer and. .o o,
as part of the coastal zone management activities of ti J..deal. tov-
ernment provided for under this title, a.. coastal entrg.kda t pro-
gram. Such program shall consist of the provision of flna assist-
ance to meet the needs of coastal states and local government in such
states resulting from specified activities involvinge gry dCveopient.
Such assistance, which includes-
(A) grants, under subsection (b), to coastal states for hpur-
poses set forth in subsection (b) (4) with respect to.
resulting from the energy activities specified therein;
(B) grants, under subsection (c), to coastal states .fr study
of, and planning for, consequences relatigto new or expanded
energy facilities in, or which significantly affect, the' catl zone;
(0) loans, under subsection (d) (1), to coastal states and..m units
of general purpose local government to assist such Btts and
units to provide new or improved public facilities or public serv-
ices which are required as a result of coastal energy activity;
(D) guarantees, under subsection (d) (2) arid sulibjett the
provisions of subsection (f), of bonds or oth-er evidnia of in-
debtedness issued by coastal states and units .'of general prpos
local government for the purpose of providing new or imp _ve,
public facilities or public services which are required asarult
of coastal energy activity; .-, r .
(E) grants or other assistance, under subecMain (d)(k),aW
coastal states and units of general purpose local gc0vu0n t
enable such states and units to meet obligatiansuxder I or
guarantees under subsection (d) (1) or (2) which the aw mable
to meet as they mature, for reasons specified in Sanbpct (fl)()
an d]1 4" 1 ''v'-qc ** ';. 1
(F) grants, under subsection (d) (4), :.to. coaa stlAts., hi
have suffered, are sufring or will safer any aa*u.'b)m
of a valuable environmental or recreatmml nsoiire; J J '
shall be provided, administered; aad coordinatodblyt.IW &uttti
accordance with the provisions of this section and tindr the les .
regulations required to be promulgated puswant to,(
Any such financial assistance shall ,be subject to mudt'
313.-* -,*i ;'" **- rK n ', "
The Secretary shall promulgate, in acoordace th
Rules and regulations includeh, j u NiMt ThS-ied tie
required under subsection (e)) as mavi ee...&d ..i.....t
arry out the provisions of this "seotiS -' -
(b)(1) The Secretary shall make taanouI to ,,d $tt
Saccordance with the pr4'V'Ii-ua ...M
flee. T o t--.*.heC st*-o.... .ZenIa
.4-"70, a0 "" 9 Y ,. 1978 0Wt.t 1 818 .ruWe T a &R.iiOR dF
Uated soc=aus808through8515 asmtln 5lthzragh 818. ^. 31


86s




names sax s~


I0


2fl T^Q4I granted to coastal states under this subsection
"slnaillbethb&$pect to any such state for any fiscal year, the sum of
tlamounts calculated, with respect to such state, pursuant to subpara-
gjiph (A,, (B), (C), and (D)):,
(A) A amount which bears, to one-third of the amount
S appropriately for the purpose of funding grants under this subsec-
Stion for suchfiscal year, the same ratio that the amount of outer
Continental Shelf acreage which is adjacent to such state and
.which is newly leased by the Federal Government in the immedi-
ately .rdcedng fiscal year bears to the total amount of outer
Contiental Shelf acreage which is newly leased by the Federal
i Government in such preceding year.
S (B) An amount which bears, to one-sixth of the amount
appropriated for such purpose for such fiscal year, the same ratio
,that the volume of oil and natural gas produced in the immediately
peI p ending fiscal year from the outer Continental Shelf acreage
which is adjacent to such state and which is leased by the Federal
Government bears to the total volume of oil and natural gas pro-
duced i4 such year from all of the outer Continental Shelf acre-
age which is leased by the Federal Government.
(C) An amount which bears, to one-sixth of the amount
ii appropriated for such purpose for such fiscal year, the same ratio
i hat the volume of oil and natural gas produced from outer Con-
timnental Shelf .acreage leased by the Federal Government which
is first landed insuch state in the immediately preceding fiscal
ypar bears to the total volume of oil and natural gas produced
.from all outer Continental Shelf acreage leased by the Federal
; overn ment which is first landed in all of the coastal states in
S y Sui. year.
S. (D) An .ount which bears, to one-third of the amount
r.. .nro ated .for sch purpose for such fiscal year, the same ratio
Sthat the number of individuals residing in such state in the imme-
O diately pr-edig fiscal year who obtain new employment in such
.year a resul. t of new or epand4ed outer Continental Shelf energy
S..tivities bears to the total number of individuals residing in all of
$ j- hs coastal. states in mch. year who obtain new employment in such
yarnas saresult of mach outer Continental Shelf energy activities.
e($).(A) The Secretary shall determine annually the amounts of
th grants to be provided under this subsection and shall collect and
uatsu& information as may be necemary to make such deter-
I*5sii EBi Federal department, agency, and instrumentality
Mlnpn odto the Secarysuch assistance i coleting and evaluat-
ing relevant information as the Secretary may request. The Secretary
.l#'Sqett -he oaeanye appropriate state agency in collect-
ifr**wd evaluzatin ch intawmation.
MY Fo. pe ..oft .ilg lealeulations under paragraph (2),
ote Continental helf crg s adjacent to a prtilar coastal
sWJ b aea Ses a that state's side of the .xtended lateral
Wid boundaries of esch s The xtbuded lIebil :Iward
bouz4i oS ; colSl stb fbe,, determined as follow:
S i)f lael sewa Wndarjes have been clealty ded or
'ebic 4 agwmeStM orjia n (if
entee i ,agreed to, or issued before the date &f the anactiient

...(





1308 COASTAL iTiMMrMinW^ '.
-of this parazatph), such.ouixipMalf qrih. bbIsb
of the principles of delimitatiqn ysd ato A delflM qr^9j1Q;
such compact, agreement, ordsion.- ;. .
(ii) If no lateral seaward bo Aarine, or.any .pt eie-
have been clearly defined or filejy an inmtet4q Pk .gt *
meant, or judicial decision, latwal seaward .niiiiaas hlj be
determined according to thas&pJ!jcable principIes of Jw idl d-
ing the principles of the Conveion on the Toeri.risal Sa iand
the Contiguous Zone, and extended on thebasis of ucprOixiples.
(iii) If, after the date of enactment of this pa; '.ph, two or
more coastal states enter into or amend an inte opct or
agreement in order to clearly define or. fix lateral se$01t*:::' und-
g~r. y .. .. .4. 6... of.
aries, such boundaries shall thereafter be extended o;the.bisis of
the principles of delimitation used to so define or fix themIn such
Scompact or agreement. :
(C) For purposes of making calcmlatio'bas under this subsection, 9the
transitional quarter beginiing.july 1,1976, ad ending September 30,
1976 shall be included within the fiscal year ending June 30,1976.
(4) Each coastal state shall use the proceeds of' grant receivedd by
it under this subsection for the following purpses (kept that
priority shall be given to the use of such proceeds for the,. purpose set
forth in subparagraph (A)): ,;
(A) The retirement of state and local bonds i any, liare
guaranteed under subsection (d).(2); except tt, if the aunt
of such grants is insufficient to retire bbth state and Iocil bonds,
priority shall be given to retiring local bounds. "'
(B) The study of, planning for, development of, and the
carrying out of projects and programs in such state which are-
(i) necessary, because of the unavailability of adequate
financing under any other subsection, to provide n`ew or
improved public facilities and public services which are re
quired as a direct result of new or expanded outer Ontinftdl
Shelf energy activity; and : ,
(ii) of a type approved by the Secreary as eligible for
grants under this paragraph, except that the Secretary may
not disapprove any project or program for "highways.and
secondary roads, docks, navigation aids, fire andff police pro-
tection, water supply, waste collection and treatment
(including drainage), school and education, and hospit.
and .health care.' *, -. :. I
(C) The prevention, reduction, or ameliorati of ay i.a.
avoidable loss in such state's coastal zone of Aiy "valutblntirour
mental or recreational resource if such, loIresulta f.ta .fl..
energy activity. : *
(5) The Secretary, in a timely mannr shall determiln. t h
coastal state has expended or committed, aw may det in tht ich
state will expend or commit, nts iw utt civd
under. this subsection in accoran-ce ynu-the" nrpospu nrjvrtlz ifl
paragraph (4). The United States, s eaentte to reQq. 1f4p11
any coastal state ,a amount equal tqu azy portwin of a C0 "g4 eant4
received bvy such state under thins s tion; lnw-.- s rffl
(A) is not expended or co.mi.#W A.':.-... a' .AJ 0
of thi grant was disbursed, or iat ,: 31 t'' ..' I i.dKI
.(te gantWas, disbursed, 'or ',;:^,^ p, :*;:^:*; .iy^




AA-: ZON MANAGEMENT


S(B) is 4xpended or committed* by such state for any purpose
other:a a purpose set forth in paragraph (4).
Before disbursing the proceeds of any grant under this subsection to
S.any coastal stat, the Secretary shall require such state to provide
i Adequate assurances of being able to return to the United States any
Amounts to Which the preceding sentence may apply.
S(c) The Secretary shall make grants to any coastal state if the
Secretary finds that the coastal zone of such state is being, or is likely
Sto be, significantly affected by the siting, construction, expansion, or
operation of new or expanded energy facilities. Such grants shall be
tsed for thoi study of, and planning for (including, but not limited to,
the application of the planning process included in a management
"rogra ..purstant to section 305 (b) (8)) any economic, social, or en-
vironmehtal consequence which has occurred, is occurring, or is likely
to ocutm in such state's coastal zone as a result of the siting, construc-
tion, expansion, or operation of such new or expanded energy facilities.
The amount of any such grant shall not exceed 80 per centum of the
cost oef suh study and planning.
(d)-(l) The Secretary shall make loans to any coastal state and to
Sandy unit of general purpose local government to assist such state or
un.t. tt provide new or improved public facilities or public services, or
both, which are required as a result of coastal energy activity. Such
loans shill be made solely pursuant to this title, and no such loan shall
f "qure condition thereof that any such state or unit pledge its
f ullfaith and credit to the repayment thereof. No loan shall be made
underthis paragraph after September 30, 1986.
(2) The Secretary shall, subject to the provisions of subsection
(f)'.g.darantee, .or enter into commitments to guarantee, the payment
of interest on, iand.the principal amount of, any bond or other evidence
'.1: indebtedness if it is issued by a coastal state or a unit of gen-
erall purpose local government for the purpose of providing new or
improved public facilities or public services, or both, which are re-
i!q.aredla'sa result of a coastal energy activity.
a:t (3) Ifl the Secretary finds that-.any coastal state or unit of general
purpose local government is unable to meet its obligations pursuant to
.ifCj loan .odr guarantee 'made under paragraph (I) or (2) because the
aotuaincreaises in enmployment.and related population resulting from
..sta. enejy actief and the facilities associated with such activity
i.'.do.. 'noItVde adpqte revenues to enable such state or unit to meet
& uchobf" Atibns in accordance with the appropriate repayment sched-
rItd ths'Seretarye v shMll, after review of the information submitted
tysuck state"or unit Iursuant to subsection (e) (8), take any of the
Io.!owinj actions: cdi "
.i?.:fyr appropraely the terms and conditions of such
W~isa tgura^ ke .":i **'*'I***
*!: a-r p Ijy wffnianc'sasyu loprn. s:
"r ( ... Make a supplmxnentalkintro suci State or unit the pro-
r I'd .. whih ha baipplie atoth' payment of principal and
: .." "di t.do. such I o.n t guarantee.
H .:'".. js) PMiakc fat g tt to such state or unit the proceeds of which
shall be applied to the payment.of principal and interest due
**htttw&r h I o -O p
htstandigtpreceding sentence, If the Secretary-
ii.;...:... l i. r ; L: :.. -. .:, ,, j :. : .. .. J .: ... .. '. "
"M ..*
(: :.
I 867


.0 Sos





408=


(i) has taken action undt sbparagrapI, (A) j), or (9
with respect to any Joan or tee mad uandr ra (1)
or (2), and ,,'. i 1:-ti t. o ; k.
(ii) finds that additional dl&6iuder.subpagnph.. (U),
or (C) will not enable such state or unit to net wit a rq-
sonable time its obligations d such loan or guarin and
any additional obligations related to such loan oIg rantee;
the Secretary shall make a: grant or grants under subparagraph (D)
to such state or unit in an amount sufficient to eable su stte or
unit to meet such outstaid'ding obligations. : .
(4) The Secretary shaNmak grants to any oasta Itteto eWe
such tate to prevent, reduce, or ameliorate any m oidti lom.ss min
such state's coastal zone of any valuable environmentalor eptol
resource, if such loss results from coastal energy activity, it the Sece-
tary finds that such state has not received amounts under stbsection
(b) which are sufficient to prevent, reduce, or ameliorate such los.
(e) Rules and regulations with respect to the following matters
shall be promulgated by the Secretary as soon as practicabl, 1bt ot
later than 270 days after the date of the enactment of this action:
(1) A formula and procedures -for apportionig qtabl,
among the coastal states, the amounts which are avail for te..
provision of financial assistance under subsection (d):I Suc f*r-
mula shall be based on, and limited to, the followAg fahtot:C
(A) The number of additional individuals.wWho .. e.-
pected to become employed in new or expsndM. coast
energy activity, and the related new population, who reside
in' the respective coastal states. '
(B) The standardized unit costs (as determined by the
Secretary by rule), in the relevant regions of such states, for
new or improved public facilities and public services which '
are required as a result of such expected employment and
the related new population.
(2) Criteria under which the Secretary shall r w each
coastal state's compliance with the requirements of nbseotion
(g)(2). ,
(3) Criteria and procedures for evaluating the extent to which
'any loan or guarantee under subsection (d) (1) or (2) which is
applied for by any coastal state or unit of general prpo local
government can be repaid through its ordiaa metkodn .rates
for generating tax revenues. Such procedures shall |resuch
state or unit to submit to the Secretary such info nation which
is specified by the Secretary to be necessary :for Msu evaluation,I
including, but not limited to- ..:
(A) a statement as to the number of additiel dividuals
who are expected to become employed.. atin e# Orxw.-ledSI
coastal energy activity involved, sad the :.elute n popul- |
tion- who resde ina u&ta'te mntpt w.
improved public facilities or public service needed :o liely
to be ree as result of such expected mplpss ad
"latd w l population;,
(C) a projection of mSuhtate's or MUit's eI''ied tax
precepts durwE such manti tbanadter, ntflmiSd
80 years, whi& will be available for the repayment of such
loan or guarantee; and

86


-CT~iT. .ON . .




5130S


M$PA@AL ZW 3F&AGE1MW4T


r ^... (D)IA proposed repayment schedule.
The prqqqures required by thi? paragraph shall also provide for
.T ~in ppqi(^c^vprification, renew, .and modification (if necessary)
"ii' iJy ttr; relftry of the formation or other material required
cin *op hewiunitted pursuant tothis paragraph.
:. i(4i l,: ; ,v4equiram fents, terms, and conditions (which may include
V! tipomg of security) which shall be imposed by the Secretary,
t,.; /i coppcftion with loans and guarantees made under subsections
N a..d(-o (2), in order to assure repayment within the time
ltJh .oif 'to assure that the proceeds thereof may not be used to pro-
ws public services for unreasonable length of time, and other-
^. wiw to protect the financial interests of the United States.
., .)1. Criteria under which the Secretary shall establish rates
,^ I 4stono fnadeu zrders ubsectibf (d) (1) and (3). Such
.... ..on .. .. d o o t
Si rate shall not exceed the current average market yield on out-
.I.1 T... Mni 1arkeable obligations of the United States with re-
-i 06 1ii riods to maturity comparable to the maturity of such
WI b'g ulehs and glations under this subsection the Secre-
toythti. extent practicable, request the views of, or consult
'| h %it person regarding impacts resulting from coastal
I^- t .v-i "tt :; : t'*F' .. ; ...
... .. on. or other evidences of indebtedness guaranteed under
S (dcio (B) 2 shall be guaranteed on such terms and conditions
%te S eayh IM prescri, except xthat-
(A)tiaO nteea s bemade unless the indebtedness involved
i'ilm be armpletely amortized within a reasonable period, not to
fexieed 30 years;
'f ( nogtaraitee-aabemadeunless the Secretary determmes
of BaT-k b or ether evidences of indebtedness will-
fi.: .Trr (i;) ble Ise obnAly to investors who meet the requirements
iHI W:Jpsribe yd by the Secretary, or, if an offering to the public
is contemplated, be underwritten upon terms and conditions
i' .......... roited bytM iSetwrey;
.. m (i) bar intere at a ate found not to be excessive by the


tk ,. !mmr m : mmmm m Umnitatmg"um4mm m matu
Swntt... 'a bsubjecto, rpivyment marity, and
,,A Wtf provis thich ore satisfactory to the Secretary
^4r P OO a.the Seeta ate Treasury shall be re-
fii h t roaayv souch guarantee, unless te sSecretary
..... approvev
4) guarantee shll be made biter September 80,1986.
M(*u frithkrnd credit of the United States is pledged to
A h A tJUfdetpahgmaph (5), of ye dealt on any indcbted-
u|der huemmcti (d)^~ ( Any such guarantee made
t beti i eotp1 lt of the
l ted for sudl uactee, amd thM liity of any such
enhw shalise iutsstbl holder of
fW tUitsgo exzep$ for fraud or maten4 misrepre-
tXti tep of thehoir,orknowntothe bode at the time
pemoriberBaltoiec fqqs in connection
J113LIMi .,^ .. .,. .; .^ .. _Cn e t o
amoms (4 8.Toefe y. not



Ii. W





308 CoAMrAL O flr ,Mi'i.
exceed the amount which the SeMeary" etime to
cover the administrative costs atpeumg to*
(4) The interest paid on an'. iiaton .kii
subsection (d) (2) and which iswved by the pWhad(or
the purchaser's successor in intere), hail bincludid i. .i.'..ome
for the purpose of chapter 1 o. tl Internal etis"n f 1954.
#undto he castl W&otti.nit
The Secretary may pay out of d to tunit
of general purpose local government issuing such oligti a more
than such portion of the interests on such obgatons %es s the
amount of interest that would be: ue .t a pa'bbe dt ied
for loans made under subsection (d)(1). r.
(5) (A) Payments required tFbemdn as a resut ofny rante
made under subsection (d) (2) shall be made by t6 Se6q from
sums appropriated to the Fund or from money obtained n the
Secretary of the Treasury pursuant to paragraph (6). i
(B) If there is a default by acoat tate or ni of idr pr-
pose local government in any payment of principal or htent die
under a bond or other evidence of indebtedness guaranteed Ei the
Secretary under subsection (d) (2), any holder of suih b I Tw or tr
evidence of indebtedness may demand payznt bfth iiSexta! ff
the unpaid interest on and the unpaid principal aof k"& ia
they become due. The Secretary, after investigangthPe fats pr-
sented by the holder, shall pay to the holder-the amount 'w iis due
such holder, unless the Secretary finds that the. s. W6defaultby
such state or unit or that such default hMs been '...ied, .:
(C) If the Secretary makes a payment to a holder im4-"rsubpaa-
graph (B), the Secretary shall- :. ; ,
(i) have all of the rights granted to :the :Sereti or the
United States by law or by agreement with.teq.bl.or xbld
(ii) be subrogated to all of the rights which r granted such
holder, by law, assignment, or security .agteEwfrtween such
holder and the obligor. ....;, ,:j ,
Such rights shall include, but note: limited toa iht of imbnbus-
ment to the United States against the' coastastAIre VrAit of general
purpose local government for which the payment w.s mIwe for the
amount of such payment plus interest at tbeprevailnmg trrent rate as
determined by the Secretary. If such coaMial stat, porthiijastal state
in which such unit is located, is due to revive aw uout der sub-
section (b), the Secretary shaUll,. in lieu ofpqAPt -to
such state, deposit such amount in the F iiwdh W!it-; ,
bursement has been satisfied. The SecretarymaTy .0 Apt.1ipo.mplte
or partial satisfaction of any such rights, a Con*eyI of property or
interests therein. Any property -so J_ .e.Sn. .0#Y:
completed, maintained, opeated- :helI, rented, ski. et
with or disposed o.f on such terms or nta -.fl4 e4
prescribes or approves. If,in anya the sum nvi t flje
ale of stch property is greatr tha n the aotoz pad I lr
under subpatagraph (D) plum cost* the Secits$ 4i wui uij$
excess to the obligor. *7 '* '4t ;' 'AL" : ,'i'
(D) The Attorney General shall, upon the request of the
take such action as maybp: p t apyo to the Secretary or the U e asa ethei
guarantee under subsection (d)(2). Any suns reosivpal

QO70




- -ftN~ -swtan


uh eurn MbMlmfM3 ph (Cb oa xoovmed pswuantr to this subpon
gMu~h asbp @Mi~j~te4Jew FuSti
6n ai7ai s 1 ti. Secretary am 4 4stffidsait to
pay y amount hch the Secretary is obligated to pay muetr pra&-
j <6)$ hSeFtrsteiy she -isa to tihe Seeretey of the Treaisury
0 t(ties duing y thoth etitan i sh amounts as
su ibspanoe sdriu spprsdpziia Acts in such fonam n 4n I mi-
um.ms xi xsucha~.tri ,s b Ur .ito so a te nrs ad unr
asis .p..-arn ktiaT w.. the lTuasuky o Bch putucria Sh rates or
hIe.fukb iu itb hear i. bnpost at a =ate dteozmiwd by the Sefte-
tsjf teiresny oc thsbuai of thecnurrnts avemep market yield
atMl .viigg atbt ti theUSe United Ste on eo-
aerable matunties during the month panplig tn iuoeance otf suo h
.oxetqrH-krobIgtcns Anyt uScrieotaki& dby theSaerlety through
such issuance shaI be deposited if the -Fnd. Te 8 t of the
sWw urpaMpcn^msn^ Bies o brdir dhliMisftn issed under
this paagraph, oad taasaais eiptbpo ae Secrssery tamy m as a
utbi.4:e*t a.Ri -ti tin p:O.dslrom t ale -of any eurities
iqit td BScond Llmrt Boid At, as Mow ri heteafter in
W .. th ~f WthSj for y36itthi sesitms mnuy be iswd uver tbat AMt
are extended to include any purchase of notes or other obligatias
iaWi mtt MhI 0rpa The Secret a of thea reasury may at
iy of t e at or oter obhigatio so u wired under
.- Tede"a*ptioue, pumhaki e and atshao? su ch notes
or other igions by the Secretary ofras Teisay shall hbe tested
as public debt transactions of the United Skts.
() (1) 'No coastal state is eligible to receive ay financial assistance
UiiMt wtgmin whitbuaw hm been approved




+..tia +,* -+ m *..o
(B)wtmtv apnt u ndra. Stiam 3(a) or (d); or
ICkiA j tdgonuS)f the Suotary, makLng satisfactory
p in iuwstA h. dw~l~m aut h smAnagementprogzsm which
isc coistent wi(th the policies set fort ia mctica n 36t -
%,(MSuw&c*1:Ctsi lk t the ulitavau staet practicable,
fomdeitbAcm csnbw tu6v tinildetfthis seetkrnbe appor-
Ioned., ilot1 st M i1l tiio f tfol- we n w t'Avtii f t t tithin such
i iuy which frpaoji~tiod 6i the ektant tw which such units
s I .*
SThereis established in the Treasur y ted States the
tfl1rngdflbshpFd sall be afvtikble 16 the Sec-
Tt~j~^ ^tb~oii hfr hiasiux a ~.1tinWg 1 anid lor the
wqm ot lryiu emint x-An d (d) 1b Thaad shall

WaMft^VIO <| iXVakwd unw owt s loan
I t receive m connection with any guarantee made
noovre's and under tecuri ran

Fmerry out the prY!.


23-674-78-pt. 1-7


a6m





I-o.


provided or in appropriation At Sums in : ,un h Maeifot
currently needed for the purposes of ausectios (o) (dt a f) dal
be kept on deposit or invested in obligations of, or guarby the
United States. ":
hSecretaiy shall not interned. in any lasid :. or mater
use dision of any coastal state with respect to the iti of sy e
facility or public facility by makintting in a particular oco a
prerequisite to, or a condition of, financial under this stio
(j) The Secretary may evaluate, a nd port to the ti
efforts of the coastal states and units of. local g M. into
reduce or ameliorate adverse consequences resulting from oatal
energy activity and on the extent to which such efforts invoiews h
consideration of alternative sites. "
(k) To the extent that Federal funds are available undbr or:pur-
suant to, any other law with respect to-s
(1) study and planning for which financial assistance may -bi
provided under subsection (b) (4) (B)i and (c), or
(2) public facilities and public services for which financial
assistance may be provided under subsection (b)(4) (B)and (d),
the Secretary shall, to the extent practicable, administ such tub
sections-
(A) on the basis that the financial assistance shll be in addi-
tion to, and not in lieu of, any Federal funds which any coastal
state or unit of general purpose local govemeat may obtain
under any other law; and ':
(B) to avoid duplication ,. .. .,
(1) As used in this section- .:."'
(1) The term "retirement", when used with respedto bonded
means the redemption in full and the withdrawal from circula-
tion of those which cannot be repaid by the issuing juidiction
in accordance with the appropriate repayment s chedul.
(2) The term "unavoidable", when usediwit respect to a loss
of any valuable environmental on recreation reso:unr ieUns a
loss, in whole or in part- '
(A) the costs of prevention, reduction; or amelwatioan of
which cannot be directly or indirectly .ttrbt.d to,
assessed against any identifable person; and :::
(B) cannot be paid for with funds which are available
under, or pursuant to, any provision of Federal law oer
than this section. .: .
(3) The term "unit bf general purposes bbt,g.U- tri t)
means any political subdivision of"my coastal Bua i special
entity created by such state or mibdiviuiosw*bik ( WholW
part) is located in, or has authority over, such state's coastal ,
and which (A) has authority llevjtyFe .. etfiuta m.i collector
user fees, and (B) provides any pubhb EM y service
which is financed in whole or.pat tby. taiueeF o .
^ .. .. .. .. G .. .. -s i .. ........ [- ** :r' n ;:- .. .*-. ** r *' / i
I l IN T K S A T B t ~ <: :i .I .. ... "* .... ... n : :b 0 r : ': : "'1
.. j... .
..... ,,D.TB 'A ....TU'.. ;. c Cit "1 L...*'
Si.80.1 .,,(a) The coastal states ag
p ri.' i ty ; : .... ... ** .. .. .., .* -. /r. ,.1 ,'.. r *T. ., r w .^.i^.'., .
. p pt ii.: .. '....*. : L, (.C ':f "
^ ^ ^ ^ .. . .. ... i. i* ** -, : f "'1 f "i : ,' jp ::.,:"^ ,1 : 't ^ :::.;;
1e. I*. IM
wed 3 2e.S 01filWI
SID&JlyU;


sI .. ...4.TO* P