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Chatles Edwin Chase
Spring Term 1974
Federal Legislation and Agency Implimentation
Concerning Historic Preservation
The intent of this paper is to present the
research that has been accomplished in the spring quarter
1974 for AE 621, a special studies in legislation and
federal agency implementation in the field of historic
preservation. Its format is that of a catalog of in-
foramtion that is available at the Unversity of Florida
at this time.
The content of this report is divided into
two main sections: the first deals with the law directly
related to historic preservation and is subdivided by
the agency or branch of government charged with the
administration of the enactment, the second section
deals with the funding process and the agencies which
are responsible for the granting of monies under the law
for programs in preservation. It is thought that with
these main categories of information gathered together
the process of working within the framework of federal
programs may become clearer to the student of preservation
and to the layman who must deal with programs to finance
preservation efforts at all levels of government.
Section I Preservation Legislation
a. Preservation Acts
b. Housing and Urban Development
c. Department of Transportation
d. National Environmental
O PUBLIC LAW 408-81ST CONGRESS]
[CHAPTER 755---ls SESSION]
[H. R. 51701
To further the policy enunciated in the Historic Sites Act (49 Stat. 666) and to
facilitate public participation in the preservation of sites, buildings, and objects
of national significance or interest and providing a national trust for historic
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in order to
further the policy enunciated in the Act of August 21, 1935 (49 Stat.
6(6), entitled "An Act to provide for the preservation of historic
American sites, buildings, objects, and antiquities of national sig-
nificance, and for other purposes", and to facilitate public participa-
ti(on in the preservation of sites, buildings, and objects of national
significance or interest, there is hereby created a charitable, educa-
tional, and nonprofit corporation, to be known as the National Trust
for Historic Preservation in the United States, hereafter referred
to as the "National Trust". The purposes of the National Trust shall
be to receive donations of sites, buildings, and objects significant in
American history and culture, to preserve and administer them for
public benefit, to accept, hold, and administer gifts of money, securi-
ties, or other property of whatsoever character for the purpose of
carrying out the preservation program, and to execute such other
functions as are vested in it by this Act.
SEc. 2. The National Trust shall have its principal office in the
District of Columbia and shall be deemed, for purposes of venue in
civil actions, to be an inhabitant and resident thereof. The National
Trust may establish offices in such other place or places as it may deem
necessary or appropriate in the conduct of its business.
SEc. 3. The affairs of the National Trust shall be under the general
direction of a board of trustees composed as follows: The Attorney
General of the United States; the Secretary of the Interior; and the
Director of the National Gallery of Art, ex officio; and not less than
six general trustees who shall be citizens of the United States, to be
chosen as hereinafter provided. The Attorney General, and the
Secretary of the Interior, when it appears desirable in the interest of
the conduct of the business of the board and to such extent as they
deem it advisable, may. by written notice to the National Trust, desig-
nate any officer of their respective departments to act for them in the
discharge of their duties as a member of the board of trustees. The
number of general trustees shall be fixed by the Executive Board of
the National Council for Historic Sites and Buildings, a corporation
of the District of Columbia, and the general trustees first taking office
shall be chosen by a majority vote of the members of the Executive
Board from the membership of the National Council. The respective
terms of office of the first general trustees so chosen shall be as pre-
scribed by the said Executive Board but in no case shall exceed a
[Pus. LAw 408.1
period of five years from the date of election. A successor to a general
trustee shall be chosen in the same manner as the original trustees
and shall have a term expiring five years from the date of the expira-
tion of the term for which his predecessor was chosen, except that a
successor chosen to fill a vacancy occurring prior to the expiration of
such term shall be chosen only for the remainder of that term. The
chairman of the board of trustees shall be elected by a majority vote
of the members of the board. No compensation shall be paid to the
members of the board of trustees for their services as such members,
but they shall be reimbursed for travel and actual expenses necessarily
incurred by them in attending board meetings and performing other
official duties on behalf of the National Trust at the direction of the
SEc. 4. To the extent necessary to enable it to carry out the functions
vested in it by this Act, the National Trust shall have the following
(a) To have succession until dissolved by Act of Congress, in which
event title to the properties of the National Trust, both real and
personal, shall, insofar as consistent with existing contractual obliga-
tions and subject to all other legally enforceable claims or demands
by or against the National Trust, pass to and become vested in the
United States of America.
(b) To sue and be sued in its corporate name.
(c) To adopt, alter, and use a corporate seal which shall be judi-
(d) To adopt a constitution and to make such bylaws, rules, and
regulations, not inconsistent with the laws of the United States or of
any State, as it deems necessary for the administration of its functions
under this Act, including among other matter, bylaws, rules, and regu-
lations governing visitation to historic properties, administration of
corporate funds, arid the organization and procedure of the board of
(e) To accept, hold, and administer gifts and bequests of money,
securities, or other personal property of whatsoever character, abso-
lutely or on trust, for the purposes for which the National Trust
is created. Unless otherwise restricted by the terms of the gift or
bequest, the National Trust is authorized to sell, exchange, or other-
wise dispose of and to invest or reinvest in such investments as it
may determine from time to time the moneys, securities, or other
property given or bequeathed to it. The principal of such corporate
funds, together with the income therefrom and all other revenues
received by it from any source whatsoever, shall be placed in such
depositories as the National Trust shall determine and shall be sub-
ject to expenditure by the National Trust for its corporate purposes.
(f) To acquire by gift, devise, purchase, or otherwise, absolutely
or on trust, and to hold and, unless otherwise restricted by the terms
of the gift or devise, to encumber, convey, or otherwise dispose of,
any real property, or any estate or interest therein (except property
within the exterior boundaries of national parks and national monu-
ments), as may be necessary and proper in carrying into effect the
purposes of the National Trust.
(g) To contract and make cooperative agreements with Federal,
State, or municipal departments or agencies, corporations, associa-
IPus. LAW 408.]
tions, or individuals, under such terms and conditions as it deems
advisable, respecting the protection, preservation, maintenance, or
operation of any historic site, building, object, or property used in
connection therewith for public use, regardless of whether the National
Trust has acquired title to such properties, or any interest therein.
(h) To enter into contracts generally and to execute all instruments
necessary or appropriate to carry out its corporate purposes, which
instruments shall include such concession contracts, leases, or permits
for the use of lands, buildings, or other property deemed desirable
either to accommodate the public or to facilitate administration.
(i) To appoint and prescribe the duties of such officers, agents, and
employees as may be necessary to carry out its functions, and to fix
and pay such compensation to them for their services as the National
Trust may determine.
(j) And generally to do-any and all lawful acts necessary or appro-
priate to carry out the purposes for which the National Trust is
SEc. 5. In carrying out its functions under this Act, the National
Trust is authorized to consult with the Advisory Board on National
Parks, Historic Sites, Buildings, and Monuments, on matters relating
to the selection of sites, buildings, and objects to be preserved and
protected pursuant hereto.
SEc. 6. The National Trust shall, on or before the 1st day of March
in each year, transmit to Congress a report of its proceedings and
activities for the preceding calendar year, including the full and com-
plete statement of its receipts and expenditures.
SEC. 7. The right to repeal, alter or amend this Act at any time is
hereby expressly reserved, but no contract or individual right made
or acquired shall thereby be divested or impaired.
Approved October 26, 1949.
OdPublic Law 160 83d Congress
Chapter 255 1st Session
H. R. 3581
AN ACT All 67 Stat. 228.
To further the policy enunciated in the Act of October 260, 1!9 (63 Stat. 927),
to facilitate public participation in the preservation of sites, buildings, and
objects of national significance or interest by providing for a National Trust
for Historic Preservation in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in order to
further the policy of historic preservation in the United States as
enunciated in the Act of October 26, 1949 (63 Stat. 927), the third,
fourth, and fifth sentences of section 3 of that Act are hereby amended
to read as follows: "The number of general trustees shall be fixed by
the Board of Trustees of the National Trust and shall be chosen by
the members of the National Trust from its members at any regular
Ineeting of said National Trust. The respective terms of office of
-hle general trustees shall be as prescribed by said board of trustees
but in no case shall exceed a period of five years from the date of
election. A successor to a general trustee shall be chosen in the same
manner and shall have a term expiring five years from the date of the
expiration of the term for which his predecessor was chosen, except
that a successor chosen to fill a vacancy occurring prior to the expira-
tion of such term shall be chosen only for the remainder of that
Approved July 28, 1953.
in U. S.
16 USC 468b.
a. Preservation Acts
Preservation Acts Prior to 1966
The preservation acts encompass those enactments
of congress which have specifically established, maintained
and altered agencies responsible for the administration of
preservation in America. The acts herein described deal with
federal level activities beginning in 1906 with the 'Antiquities
Act' under Theodore Roosevelt.
Antiquities Act (Chapter 3060, Sec. 2, 34 Statutes 225, 16
U.S.C.A., Sections 431-433) 1906.
The first affirmative act toward preservation just
after the turn into the twentieth century. It empowered the
president to proclaim monuments worthy of preservation on
federal property and on property acquired by the federal
government for preservation purposes.
Ammendment of August 21, 1935 (C:593 Section 1, 49 Statutes
666, 16 U.S.C.A., Section 461-467).
This amendment declared that it was national pol-
icy to preserve for public use historic sites, buildings and
objects of national significance. The Secretary of the Inter-
ior through the National Park Service was granted the authority
of administration. It also established an eleven man "Advisory
Board on National Parks Historic Sites Buildings and Monuments"
to assist the Secretary.
P.L. 81-775 Establishment of National Trust for Historic
Preservation October 26, 1949. (16 U.S.C.A. Section
468 C775 Sect. 1, 63 Statutes 927)
Established as a non-tax supported agency respon-
sible for the preservation of both public and private property.
Act of August 31, 1954 (C. 1160, 68 Statutes 1029, T. 16
U.S.C.A., Sec. 431)
This act established the National Monument Com-
mission which sought to augment the conservation of national
monuments, parks, and preserves.
P.L. 84-127 (16 U.S.C.A., Sect. 18-F, C. 259, 69 Stat. 242)
July 19, 1955.
Again the National Park Service was further devel-
oped through additional responsibilities of management of its
museum properties and providing more effective public service.
Through the Secretary of the Interior nominations, donations,
and bequests for museum properties was enacted.
P.L. 86-523 (16 U.S.C.A., Sec. 469-469c, 74 Stat. 220)
The preservation in light of dam construction
passed to protect historic and archeological data, relics
and specimens which would be forced to be relocated.
P.L. 81-808 "Old Georgetown District" (64 U.S. Statutes at
Large, P. 903 C. 984) September 23, 1950.
With the passage of this bill the U.S. Congress
initially established legislation for the preservation of
private property. Dealing solely with the historic district
of Georgetown this act set the precedent for other district
enactments concerning historic preservation.
P.L. 89-665 Preservation Act of 1966. (80 Statutes 915)
The Act of 1966 marks a significant change in le-
gislation within the realm of preservation. With the inclu-
sion of certain private properties, federal aid to an expanded
National Register, grants to state-wide preservation projects,
and grants to the National Trust for Historic Preservation the
conservation of historically significant structures worthy of
preservation was now playing an active role in the decision
*Public Law 89-665
89th Congress, S. 3035
October 15, 1966
80 STAT. 915
To establish a program for the preservation of additional historic properties
throughout the Nation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
The Congress finds and declares-
(a) that the spirit and direction of the Nation are founded
upon and reflected in its historic past;
(b) that the historical and cultural foundations of the Nation
should be preserved as a living part of our community life and
development in order to give a sense of orientation to the Ameri-
(c) that, in the face of ever-increasing extensions of urban cen-
ters, highways, and residential, commercial, and industrial devel-
opments, the present governmental and nongovernmental historic
p reservation programs and activities are inadequate to insure
future generations a genuine opportunity to appreciate and enjoy
the rich heritage of our Nation; and
(d) that, although the major burdens of historic preservation
have been borne and major efforts initiated by private agencies
and individuals, and both should continue to play a vital role, it is
nevertheless necessary and appropriate for the Federal Govern-
ment to accelerate its historic preservation programs and activities,
to give maximum encouragement to agencies and individuals
undertaking preservation by private means, and to assist State
and local governments and the National Trust for Historic Pres-
ervation in the United States to expand and accelerate their his-
toric preservation programs and activities.
SEc. 101. (a) The Secretary of the Interior is authorized- Buildings and
(1) to expand and maintain a national register of districts, sites, objects, etc.
buildings, structures, and objects significant in American history, Expansion and
architecture, archeology, and culture, hereinafter referred to as maintenance of
the National Register, and to grant funds to States for the pur- National Regis-
pose of preparing comprehensive statewide historic surveys and ter.
plans, in accordance with criteria established by the Secretary,
for the preservation, acquisition, and development of such prop-
(2) to establish a program of matching grants-in-aid to States Grants to
for projects having as their purpose the preservation for public states.
benefit of properties that are significant in American history,
architecture, archeology, and culture; and
(3) to establish a program of matching grant-in-aid to the National Trust
National Trust for Historic Preservation in the United States, for Historic
chartered by act of Congress approved October 26, 1949 (63 Stat. Preservation.
927), as amended, for the purpose of carrying out the responsibil- 16 usC 468-
ities of the National Trust. 468d.
(b) As used in this Act-
(1) The term "State" includes, in addition to the several States "State."
of the Union, the District of Columbia, the Commonwealth of Puerto
Rico the Virgin Islands, Guam, and American Samoa.
(2) The term "project" means programs of State and local govern- "Project."
ments and other public bodies and private organizations and indi-
viduals for the acquisition of title or interests in, and for the develop-
80 STAT. 916
ment of, any district, site, building, structure, or object that is signifi-
cant in American history, architecture, archeology, and culture, or
property used in connection therewith, and for its development in order
to assure the preservation for public benefit of any such historical
"Historic pre- (3) The term "historic preservation" includes the protection reha-
servation." bilitation, restoration, and reconstruction of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archeology, or culture.
"Secretary." (4) The term "Secretary" means the Secretary of the Interior.
Conditions for SEC. 102. (a) No grant may be made under this Act-
grants. (1) unless application therefore is submitted to the Secretary in
accordance with regulations and procedures prescribed by him;
(2) unless the application is in accordance with the compire-
hensive statewide historic preservation plan which has been ap-
proved by the Secretary after considering its relationship to the
comprehensive statewide outdoor recreation plan prepared pur-
suant to the Land and Water Conservation Fund Act of 1965 (78
16 USC 4601-4 Stat. 897);
note. (3) for more than 50 per centum of the total cost involved, as
determined by the Secretary and his determination shall be final;
(4) unless the grantee has agreed to make such reports, in such
form and containing such information as the Secretary may from
time to time require;
(5) unless the grantee has agreed to assume, after completion
of the project, the total cost of the continued maintenance, repair,
and administration of the property in a manner satisfactory to
the Secretary; and
(6) until the grantee has complied with such further terms and
conditions as the Secretary may deem necessary or advisable.
Waiver. (b) The Secretary may in his discretion waive the requirements of
subsection (a), paragraphs (2) and (5) of this section for any grant
under this Act to the National Trust for Historic Preservation in the
United States, in which case a grant to the National Trust may in-
clude funds for the maintenance, repair, and administration of the
property in a manner satisfactory to the Secretary.
(c) No State shall be permitted to utilize the value of real property
obtained before the date of approval of this Act in meeting the
remaining cost of a project for which a grant is made under this Act.
Apportionment. SEC. 103. (a) The amounts appropriated and made available for
grants to the States for comprehensive statewide historic surveys and
plans under this Act shall be apportioned among the States by the
Secretary on the basis of needs as determined by him: Provided, how-
Limitation. ever, That the amount granted to any one State shall not exceed 50
per centum of the total cost of the comprehensive statewide historic
survey and plan for that State, as determined by the Secretary.
(b) The amounts appropriated and made available for grants to
the States for projects under this Act for each fiscal year shall be
apportioned among the States by the Secretary in accordance with
needs as disclosed m approved statewide historic preservation plans.
The Secretary shall notify each State of its apportionment, and the
amounts thereof shall be available thereafter for payment to such
State for projects in accordance with the provisions of this Act. Any
amount of any apportionment that has not been paid or obligated by
the Secretary during the fiscal year in which such notification is given,
and for two fiscal years thereafter, shall be reapportioned by the
Secretary in accordance with this subsection.
Pub. Law 89-66-5 2 -
October 15, 1966
80 STAT. 917
SEC. 104. (a) No grant may be made by the Secretary for or on Coordination
account of any survey or project under this Act with respect to which with other Fed-
financial assistance has been given or promised under any other Fed- eral programs.
eral program or activity, and no financial assistance may be given
under any other Federal program or activity for or on account of any
survey or project with respect to which assistance has been given or
promised under this Act.
(b) In order to assure consistency in policies and actions under this
Act with other related Federal programs and activities, and to assure
coordination of the planning acquisition, and development assistance
to States under this Act with other related Federal programs and
activities, the President may issue such regulations with respect thereto
as he deems desirable, and such assistance may be provided only in
accordance with such regulations.
SEC. 105. The beneficiary of assistance under this Act shall keep such Rec words.
records as the Secretary shall prescribe, including records which fully
disclose the disposition by the beneficiary of the proceeds of such
assistance, the total cost of the project or undertaking in connection
with which such assistance is given or used, and the amount and nature
of that portion of the cost of the project or undertaking supplied by
other sources, and such other records as will facilitate an effective
SEc. 106. The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted undertak-
ing in any State and the head of any Federal department or independ-
ent agency having authority to license any undertaking shall, prior
to the approval of the expenditure of any Federal funds on the under-*
taking or prior to the issuance of any license, as the case may be, take.
into account the effect of the undertaking on any district, site, build- -
ing, structure, or object that is included in the National Register. The-
head of any such Federal agency shall afford the Advisory Council on-
Historic Preservation established under title II of this Act a reasona-
ble opportunity to comment with regard to such undertaking.
SEc. 107. Nothing in this Act shall be construed to be applicable to Exemptions.
the White House and its grounds, the Supreme Court building and its
grounds, or the United States Capitol and its related buildings and
SEc. 108. There are authorized to be appropriated not to exceed Appropriation.
$2,000,000 to carry out the provisions of this Act for the fiscal year
1967, and not more than $10,000,000 for each of the three succeeding
fiscal years. Such appropriations shall be available for the financial
assistance authorized by this title and for the administrative expenses
of the Secretary in connection therewith, and shall remain available
SEc. 201. (a) There is established an Advisory Council on Historic Advisory Council
Preservation (hereinafter referred to as the "Council") which shall on Historic
be composed of seventeen members as follows: Preservation,
(1) The Secretary of the Interior, membership.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Commerce.
(4) The Administrator of the General Services Administration.
(5) The Secretary of the Treasury.
(6) The Attorney General.
(7) The Chairman of the National Trust for Historic Preser-
October 15, 1966
- 3 Pub. Law 89-665
Pub. Law 89-665 4 -
80 STAT. 918
(8) Ten appointed by the President from outside the Federal
Government. In making these appointments, the President shall
give due consideration to the selection of officers of State and local
governments and individuals who are significantly interested and
experienced in the matters to be considered by the Council.
(b) Each member of the Council specified in paragraphs (1)
through (6) of subsection (a) may designate another officer of his
department or agency to serve on the Council in his stead.
(c) Each member of the Council appointed under paragraph (8)
of subsection (a) shall serve for a term of five years from the expira-
tion of his predecessor's term; except that the members first appointed
under that paragraph shall serve for terms of from one to five years,
as designated by the President at the time of appointment, in such
manner as to insure that the terms of not less than one nor more than
two of them will expire in any one year.
(d) A vacancy in the Council shall not affect its powers, but shall
be filled in the same manner as the original appointment (and for the
balance of the unexpired term).
(e) The Chairman of the Council shall be designated by the Presi-
(f) Eight members of the Council shall constitute a quorum.
SEc. 202. (a) The Council shall-
(1) advise the President and the Congress on matters relat-
ing to historic preservation; recommend measures to coordinate
activities of Federal State, and local agencies and private institu-
tions and individuals relating to historic preservation; and ad-
vise on the dissemination of information pertaining to such activi-
(2) encourage, in cooperation with the National Trust for His-
toric Preservation and appropriate private agencies, public in-
terest and participation in historic preservation;
4 (3) recommend the conduct of studies in such areas as the ade-
quacy of legislative and administrative statutes and regulations
pertaining to historic preservation activities of State and local
governments and the effects of tax policies at all levels of govern-
ment on historic preservation;
(4) advise as to guidelines for the assistance of State and local
governments in drafting legislation relating to historic preserva-
(5) encourage, in cooperation with appropriate public and pri-
vate agencies and institutions, training and education in the field
of historic preservation.
(b) The Council shall submit annually a comprehensive report of
its activities and the results of its studies to the President and the Con-
gress and shall from time to time submit such additional and special
reports as it deems advisable. Each report shall propose such legis-
lative enactments and other actions as, in the judgment of the Council,
are necessary and appropriate to carry out its recommendations.
SEc. 203. The Council is authorized to secure directly from any
department, bureau, agency, board, commission, office, independent es-
tablishment or instrumentality of the executive branch of the Federal
Government information, suggestions, estimates, and statistics for the
purpose of this title; and each such department, bureau, agency, board,
commission, office, independent establishment or instrumentality is au-
thorized to furnish such information, suggestions, estimates, and st
tistics to the extent permitted by law and within available funds.
SEc. 204. The members of the Council specified in paragraphs (1)
through (7) of section 201 (a) shall serve without additional compen-
October 15, 1966
... . .. 80 STAT. 919
station. Thie members of the Council appointed under paragraph (8)
of section 201(a) shall receive $100 per diem when engaged in the per-
formance of the duties of the Council. All members of the Council
shall receive reimbursement for necessary traveling and subsistence
expenses incurred by them in the performance of the duties of the
SEc. 205. (a) The Director of the National Park Service or his Executive
designee shall be the Executive Director of the Council. Financial Director.
and administrative services (including those related to budgeting,
accounting, financial reporting, personnel and procurement) shall be
provided the Council by the Department of the Interior, for which
payments shall be made in advance, or by reimbursement, from funds
of the Council in such amounts as may be agreed upon by the Chair-
man of the Council and the Secretary of the Interior: Provided, That
the regulations of the Department of the Interior for the collection
of indebtedness of personnel resulting from erroneous payments (5
U.S.C. 46e) shall apply to the collection of erroneous payments made 68 Stat. 483.
to or on behalf of a Council employee, and regulations of said Secre-
tary for the administrative control of funds (31 U.S.C. 665 (g)) shall
apply to appropriations of the Council: And provided further, That
the Council shall not be required to prescribe such regulations.
(b) The Council shall have power to appoint and fix the compensa- Personnel.
tion of such additional personnel as may be necessary to carry out its
duties, without regard to the provisions of the civil service laws and
the Classification Act of 1949. Ante, p. 288.
(c) The Council may also procure, without regard to the civil
service laws and the Classification Act of 1949, temporary and inter-
mittent services to the same extent as is authorized for the executive
departments by section 15 of the Administrative Expenses Act of 1946
(5 U.S.C. 55a), but at rates not to exceed $50 per diem for individuals. 60 Stat. 810.
(d) The members of the Council specified in paragraphs (1)
through (6) of section 201(a) shall provide the Council, on a reim-
bursable basis, with such facilities and services under their jurisdic-
tion and control as may be needed by the Council to carry out its
duties, to the extent that such facilities and services are requested by
the Council and are otherwise available for that purpose. To the
extent of available appropriations, the Council may obtain, by pur-
chase, rental, donation, or otherwise, such additional property, facili-
ties, and services as may be needed to carry out its duties.
Approved October 15, 1966.
HOUSE REPORT No. 1916 (Comm. on Interior & Insular Affairs).
SENATE REPORT No. 1363 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD, Vol. 112 (1966):
July 11: Considered and passed Senate.
Sept. 19: Considered in House.
Oct. 10: Considered and passed House, amended.
Oct. 11: Senate concurred in House amendment.
GPO 65. 139
- 5- Pub. Law 89-665
SPublic Law 93-54
93rd Congress, S. 1201
I ST T 1 3 .9
.11/ oi, 0,,l R I". '
87 STAT. 139
To amend the Act of October 15, 1966 (80 Stat. 915), as amended, establishing
a program for the preservation of additional historic properties throughout
the Nation, and for other purposes.,
Be it enacted by the Senate and Hotuse of Representatives of the'
United States of America in Congress assembled, That the Act of Historio prop-
October 15, 1966 (80 Stat. 915), as amended (16 U.S.C. 470) is further erty preserva-
amended in the following respects: tlon program.
(a) Sectiohi 108 is amended by deleting the first sentence and insert- Extension. ,
ing in lieu thereof the following: "To carry out the provisions of this 4 Stat. 204.:
title, there are authorized to be appropriated not more than $15,600,000 16 USC 470h.
in fiscal year 1974, $20,000,000 in fiscal year 1975, and $24,400,000 in ,
fiscal year 1976."' '
(b) Section 206 is amended by deleting all of subsection (c) and International ,
inserting in lieu thereof the following: study centre,.
"(c) For,the purposes of this,section there are authorized to be U.S.participa-
appropriated not more than $100,000 in fiscal year 1974, $100,000 in tion .
.. iscal year 1975, and $125,000 in fiscal year 1976: Provided, That effec- 16 USC 470n.
tive January i 1974, no appropriation is authorized and no payment
shall be made to tl)e Centre in excess of 25 per centum of the total
annual assessment of such organization." ', ,
(c) Sectioni 201. is, ainended by inserting the following new Advisory Coun-
subsection,: i oil, time ex-
"(r (g) The Council shall doontinue in .existence until December 31, n io 4701i,
1985." 16 USC 4701.
(d), Section 101(b) (1) is amended' by deletingr "'and Americalin 16 USC 470a.
Samoa." and inserting "American Samoa, arid the Trust Territory of i
S' the Pacfic Islands." ' '
,Apprqved''u1yj'l, 1973 ,1, 'i .. ,' ',', '
.' LEGISLATIVE HISTORY:
4IUSE REPORT No. 93-269 aooompanying H.R.7127, (Comm, on .Interior
and Insular 'Affaira) '
SENATE REPORT No. 93-164 (Comm. orn Interior and Insular Affairs).
.CONGRESSIONAL RECORD, Vol. 119 (9),3):
May 22,' considered and passed Srnate.
June 19', considered and passed glouse, a ended, in' lieu,
S of H.R.7127. .,
June 21, ,Sonate concurred in House amendment.
. , ,,' ,, ',' ,' . o' 9 3 '
, I, I , '
making process at all levels of growth and development.
The establishment of the National Council under
title II of the act sought to interest and involve the heads
of the major agencies of the federal government through a
position on the council. However, their effectiveness is
questionable in terms of their power to influence the Presi-
dent or the other members of the council.
Title II, section 203 points out that cooperation
of federal agencies through the supply of information and
documents is authorized through the council. (This negates
the excuse of poor judgment for the lack of information.)
Amendment of Preservation Act July 1, 1973. P.L. 93-54
(87 Statutes 139)
This amendment establishes the United States'
financial participation in the International Study Centre
for preservation as well as establishing fiscal limits on
preservation programs funded by the federal government.
Legislation at the federal level prior to 1966 is
an indication of the direction which preservation has taken
in the United States. The very nature of these enactments
seems to reflect a lack of long-range planning on the part
of the early preservation minded lawmakers.
The attitudes of private enterprise as well as
those in federal government have not yet fully recognized
the importance of such legislation that would provide for
the maintenance of community and urban continuity. The
legal mechanism has not yet provided the optimum environment
for preservation of cultural resources: the financial and
legal incentives necessary to draw interest.
b. Housing and Urban Development
American growth and development within a legal in-
centive network has not been realized in other areas of social,
cultural and economic life so it is not unusual that preser-
vation be any different. However, the basis of preservation
stems from a maintenance of the significant and important
aspects which would better channel growth and its ramifica-
tions in a more tolerable way.
Until the establishment of the National Trust for
Historic Preservation and the Preservation Act of 1966, the
attempt at saving the more significant of architectural and
cultural features was left to the federal government as an
added and burdensome responsibility. Now funds have at least
been provided for in the Preservation Act (P.L. 89-665 sec.
101 Para. 2,and 3).
The Advisory Council places the heads of cabinet
positions at the top in an awareness program with their rec-
ommendations on preservation issues going to the President.
This then is the most important and final segment of the fed-
eral review process.
Housing and Urban Development Acts: Section 503: Rehabili-
This section allows for upgrading of substandard
low income housing. The stipulation however, is that monies
may only be used to "rehabilitate to the extent necessary to
make it meet reasonable underwriting standards under the
The impact of this section allows for low income
housing (which in many instances could be buildings worth
saving) the possibility of renewal rather than demolition.
Section 515: Utilization of local non-profic agencies for
This section allows the non-public sector to receive
rehabilitation grants for work under local private non-profit
Provides for the National Trust for Historic Pre-
servation to cover costs for restoration through grants from
H.U.D. not to exceed $90,000.00.
Provides the revised guidelines to include historic
preservation in survey techniques funded by Urban Planning
Grants. A limitation of less than two-thirds of the cost of
Title VII Open Space Land, Urban Beautification, and Historic
This major entry in the 1966 law ammends various
sections of the Housing Act to provide liason for cooperation
between H.U.D. and the Department of Interior to establish
general policies for reviewing applications for grants. In-
formation is demanded in areas of recreation and historic
preservation on a state-wide basis. It also provides for
information available from the National Register.
Provides for the assistance to states for acquisition
of title to areas, sites and structures of historic or archi-
tectural value within urban areas, and to be used after res-
toration for public purposes. The buildings considered must
be recognized by or meet the criteria of the National Register.
The enactments within the jurisdiction of Housing
and Urban Development provide for historic preservation as
ancilary provisions which in recent years has been thought
of as a necessary evil by H.U.D.
The enactments of 1966 does however provide a
step in the direction of careful interest in preservation
as it relates to urban development projects.
The letter dated May 17, 1974 indicates the current
feelings of the officials of H.U.D. From this it can be
ascertained that the need for preservation has not affected
those in the seats of making and setting policy. The effects
of recent revenue sharing policies has placed the responsi-
bility of preservation in the hands of the localities. This
does not provide any means of direction for any fiscal alloca-
tions in the preservation realm.
The department of H.U.D. must then be approached
with a stern outlook to complying with other regulations
concerning their responsibilities in preservation issues.
part B, notwithstanding any contrary requirements or conditions in
District of Columbia or Federal laws.
Section 502. [ncrea.sed authorization
Subsection (a) amends section 103(b) of the Housing Act of 1949
to increase the amount of funds authorized for the urban renewal
program by $1.4 billion on July 1, 1969.
Subsection (b) amends section 103(b) of such act to increase the
amount of funds available for urban renewal projects in- model city-
areas by $350 million.- :- -
Section 50-3. Rehabilitati on iranits ---
Subsection (a) a-mends section 115(a). of the Housing Act of 1949 -
to.permit grants under thlt section for the reLabiliation of a home-
owner's real -property other than the dwelling structure-itself -
Subsection (b) amends section 115(b) of tle 199 act to icre tiae the -
maximum rehabilitation grant for low-income- homrowierA. froni-
-$1.500 to $3.000. -.. -. -
Subsection (c) amends section 115(a) of flie.-19/act to authorize
-rehabilitation grants (from regular urban renewal funds) for repairs
and improvements to properties located outside -urbani renewal or conl
centrated code enforcement areas when such repairs and improvenients-
are needed to bring the property inti confifrmiity with publion stand-
ards for deceit, safe, and saji.tairy housing. Siuch proppertes must be-
located in areas, certified by the local governing body as containinla a
substantial nuniler of -Truiictures in need of -tch rep:ii ian id inprov e-
ments, andl there must be a workhiable prograni in effect for the rUea.
The area must be definitely planned for rehabilitatioii or concentrated-
code' enforcement within a Teasonable time ahd the repairs and ini--
provements must be cons:stent with such rehabilitation anid -code pni
-forcement plans. -. -
SSubsection (d) amends set iou I 5" to6 prlevide f'r l(iabihiitatn i ;
-grants-(frmm regular urban rei-eNwal :fund) t" low nmi-rn ,n'eown--
ers whose property has been determined, after anir inspection lursTant- :
to an approved statewide property insurance plan, to be uninsurable
because of physical hazards. The grant could only be _u.d to rehabili-
tate the property to the extent necessary t( make it nceet reasonable
underwriting standards under thestatewide plai-- -: -'- -
RScttion 504. Rehabilitatio "in ,nrban r nwa? ar -'. -
-- This section amends section 110(e) '(P of the Houfsing -t A& lf 19-
to remove the provision presently liiniting (to the lesser of 100 units
or 5 percent of the units -i the urban reniewal area) the number of
residential units which a local urban renewal- ageneiy Tay acquire
and rehabilitate. -
,"iftion. 505. J);.',oiti;,;ni of pi o,,ty fo; 1. .c a
ho i f- h o- .( eg t o 7- -. ". -
This sectieon amends section 107('a) of'the H6usingAct if 1949to
permit land to be dispo ed of for both low- ind moderaIte-inomie hous-
ing purposes, by lease as well as-sale, (and pernits its disposition to
mortgagors under the new sees. 235(j) and 236 programs, or to
approved purchasers or lessees other than those specified as well as
mortgagors under the sec. 221(h) (1) program) at a price consistent
with its use for such purposes.
Section 506. Grants for low- and moderate-incone housing in open
This section amends section 103(a) (1) of the Housing Act of 1949
to permit grants to be made with respect to urban renewal open
land projects (which now only qualify for loans) in an amount not
to exceed two-thirds of the difference between the proceeds from any
land disposed of at its value-forlow- or moderate-income housing
(under sec. 107 of such. act) and the proceeds which would have been
realized if the land had been disposed of at its fair value without re ..
. gard to the special provision'sof-section :7. .-- :" -
Section 507-. Urban-reneiwal oan wntrwcts'.
This section amends section 102(c) of the Housing Act of 1949 to
permit a local public agency to borrow funds to finance project under--.
takings on the private -market at interest rates above the Federal lend-
ing rate set out in the agency's contract, with the difference being --
made up-by a supplemental Federal grant.-- -
Section 508 Projct cormpletion, prior to disposition of certain
This section anrends section 106 (and sec. 110(f)) of the Housing-
Act of 1949 to permit the closing out of an urban renewal project in
certain cases where 5 percent or less of the total acquired land remains
to be disposed of and all other project activities are completed.-
-Section 509. Rehabilitationc7oan
Subsection-(a) amends section 312(d) of the Housing Act of 1964 -- -
to increase from $100 million to $150 million the amount, that may be ; -.
appropriated for each fiscal year to the revolving fund for carrying-.
out tlie rehabilitation loan program.- -.-; :- .- '--
Subsection (b) amends section 312(h) of the 1964 act to extend the:
-.section -312 program from October 1; 1969, to June 30,-1973.- --.-. -- _
S Subsection (c) amends .section 312(a) of- the 1964 act to authorize ,
rehabilitation loans for- owner-occupied residential property in areas, "
outside urban renewal or cohcentrated code enforcement areas, con-
taining, as certified by the local governing body, a substantial number
of structures in need of rehabilitation. Such property must be in an : .
a: ea for which there is a workable program in effect and it must-be in
need of rehabilitation and in violation of the local minimum housing
oor similar code. The area .must be definitely planned for rehabilitation --
-or code enforcement within a reasonable time- and the rehabilitation "
m nust be consistent with sucplais -. -
It also permits a loan made with respect to property ina urb -an
renewal or code enforcement area, where improvement is required to -
make the property conform to code requirements or to carry out urban
renewal plan objectives, to include an amount for thegeneral improve-
ment of the condition of the property. -.
Subsection (d) amends section 312 of the 1964 act to provide for- -
rehabilitation loans to owners and tenants of property which has been. ;
determined, after an inspection pursuant to an approved statewide
property insurance plan, to be uninsurable because of physical hazard -...
where the loan is used to rehabilitate the property to make it meet -
reasonable underwriting standards. .
Subsection (e) amends section 312 of the 1964 act to limit eligibility
for residential rehabilitation loans to persons whose annual income .
is within locally applicable income limits for the section 221(d) (3)
below-market interest rate program. This new provision would, not
apply to property located in an urban renewal or code enforcement
area for which Federal financial assistance is being received if, prior
to enactment, plans were specifically developed to use these loans with-
out regard to this new provision.
---Section 510.-Demolition grants .- ..
This section amends section 116 of the Housing Act of 1949 to
specifically authorize grants, under the demolition grant program,.
for the demolition of rat harborages or potential-rat harborages. -
Section 511. Airrights sites in urbanrenewalareas -
This section amends section 110(c) of the Housing Act of 1949 to
permit the carryifig out of air rights urban renewal projects and the
construction of necessary foundations and platforms to provide-educa-
tional facilities. Under present law, these activities may be assisted
only when they are for low- and -moderate-income housing or for
-industrial development where the area is not. suitable for low- and-
moderate-income housing. -
Section 512. Low- and moderate-income housing in residential urban-
renewal areas -
This section amends section 105(f) of the Housihg.Act of 1949 to
provide that, of the total number of housing units, provided in all of
the approved urban renewal projects in any community- which are to
be redeveloped for predominantly resideftialuses and which receive
Federal recognition after the date of enactment, a -najoritv must be"
standard housing units for low- and:moderate-income families and-
individuals with at least 20 percent-of such total nui ner being- for
low-income families or individuals. This 20-percent requirement, mav
be waived by the Secretary of HITTDih a~y community to the extent
that units for low-income families and -individuals are not iieeded.
Each waiver must be reported to the Sen:ite and House of Repre-
sentatives Banking and Currency Committees.
.Section 513. Workable program "'equircmnt in case of Inlian tribes
This section amends section 101(c) of the Housing Act of 1949 to
allow an additional period (until Jan. 1, 1970) for an Indian tribe,-
-band, or nation to adopt and carry out- amninimum standards'hous:-
ing code as a condition of the certification or recertification of its
workable program.- -
Section 514. Interim assistance fori blighted areas
This section adds to.title I of the Housing Act of 1949 a new sec-
tion 118, authorizing the Secretary of HUD to enter into contracts
to make grants (from regular urban renewal funds) in amounts up to
$15 million a year-to assist localities iii alleviating'harmful-conditiofs
in slumn and blighted areas where urban renewal or code enforcement.
activities are planned, but some immediate action is needed until those
activities can be begun. Such grants could not exceed two-thirds (three-
fourths in communities of 50,000 population or less) of the cost of such -
activities as the short-time repair of public facilities; the improve-
ment or demolition of private structures where the public health or-
safety is endangered; the provision of temporary playgrounds; and
the improvement of certain basic public services. A workable program
' wold be required and relocation payments would be authorized as in
i the urban renewal program.
ASection 515. Utilization of local private nonprofit agencies for reha-
.W e bilitation grants in code enforcement areas
This section amends section 117 of the Housing Act of 1949 to permit
the Secretary to make rehabilitation grants through the utilization of
local private nonprofit agencies. -._ ___
Section 516. Relocation payments -
This section amends section 114(c) of the Housing Act-of 1949 ih6-
order -to expand the relocation payment provisions applicable to the
urban renewal, public housing, and other programs of the Depart-
ment of Housing and Urban Development. --
This section broadens HUD's existing authorization to make relo--
cation adjustment payments to assist displaced families and elderly
individuals in securing suitable replacement dwellings. The maximum
assistance now permitted for this purpose is $500 payable over a 5-
month period. The expanded relocation adjustment payments would be--
authorized to be made over a 2-year period in an amount; not in-excess
of $500 per year, which when added to 20 percent of the annual income.-,
of the-displaced family or individual equals the average annual rental-
-for adequate replacement housing. It also extends eligibility- for relo-
cation adjustment payments to handicapped individuals and provides -
that relocation adjustment payments shall not be considered as income
in determining eligibility for welfare assistance under any Federal- .
Section 114 of the 1949 act is also amended to also authorize an addi--
tional payment to an owner-occupant of residential property, which
is acquired for a HUD-assisted project, to. enable him to purchase.-a
replacement dwelling. This payment would be that amount, not in
excess of $5,000, which, when added-to the acquisition price paid-for-,
his home, equals the average price for an adequate replacement home
in his community. This payment would be made only if the displaced
owner buys and occupies a dwelling within 1 year after the date on
which he'is required to move if he is not compensated with a similar.-
p'yment under State law, and .he elects not to receive a relocation-
adjustment payment. -
STITrrLE VIr---RBAN PA-%NNI D PACnlr-ES
- Section 601. Comprehensive plannihg- -
This section extensively revises section 701 of thelRousing Act o-k
1954-the urban planning assistance program. One of the principal -
changes authorizes the Secretary of HUD to make planning grants-;:
to State planning agencies for assistance to "district" planning agen4
cies for rural and other honmetropolitan areas. Prior to his approval -
of any district planning grants, the Secretary shall consult with the
Secretary of Agriculture. The Secretary of Agriculture and, when ap- -
propriate, the Secretary of commercee may provide technical assistance -
in connection with the establishment of districts and the carrying out
of planning by them. Such district planning may not be aimed at
assisting'businesses to relocate from one area to another.
The amended section 701 also includes new provisions authorizing
planning grants directly to (1) Indian tribal planning councils or
other bodies for planning on Indian reservations; (2) regional and dis-
trict councils of government as well as those organized on a metro-.
politan basis; (3) various regional commissions established under the
Section 1716. Savings and loan associations
Subsection (a) would authorize Federa' savings and loan associa-
tions to raise capital in the form of suci savings deposits or other
accounts (as well as shares) for fixed, miniraum, or indefinite periods,
of time and to issue passbooks, time certificates of deposit, or other
evidences of such deposits or accounts as permitted by their charters
6r b-yregulati6ris of the Federal Home-Loan-Bank Board. All-instru--
ments issued pursuant to this provision would have the same priority
in the event of liquidation. That subsection would also permit such -
associations to borrow money and give security therefore and to issue
notes, bonds, debentures, or other securities (except capital-stock),
subject to authorization by the Board.
Subsection (b) would authorize Federal associations to invest in
time deposits, certificates, or accounts in banks insured by the Federal
Deposit Insurance Corporation. -
Subsection (c) would authorize Federal associations to invest in -
unsecured loans not exceeding $5,000 to finance the construction-of
new structures related to residential use (vacation homes). Such au-
thority is in addition to the authority to make such loans for the'
repair, alteration, or improvement of existing homes.-
Subsection (d) would authorize Federal associations to invest in-
loans for the purpose of mobile home financing, subject to such prohi-
bitions, limitations, and conditions as the Federal Home Loan Bank
Board may prescribe by regulation. That subsection vould also au-
thorize loans not exceeding $5,000 for the equipping of homes, as well
as for their repair, alteration, or improvement, also subject to such
prohibitions, limitations, and conditions.
Subsection (e) would authorize Federal associations to invest in
loans, guaranteed by AID under section 221 of the Foreign Assistance
Act of 1961, on housing projects located in developing countries out--
side of Latin America. Investment in such loans, tog-rl,.r w-ith mest-
ment in Latin American loans guaranteed under section 224 of -that
act, would be subject to a 1-percent-of-assets limitation.
Subsection (f) would authorize Federal associations to invest in
loans to federally supervised financial institutions or to brokers.or
dealers registered with the Securities and Exchange Commission, if
such loans are secured by loans, obligations, or investments in which
the Federal association has statutory authority to invest directly. ,-
Section 1717. Federal Home Loan Bank Act- -
This section amends section -12 of the Federal Home Loan Bank
Act to permit Federal home loan banks, subject to the regulations of
the Board, to invest in housing project loans or interests therein having
the benefit of any guarantee under section 221 of the Foreign Assistance
Act of 1961. The section also authorizes investments in loans or inter- -
ests therein having the benefit of any guarantee under section 224 of
the Foreign Assistance Act of 1961. The latter section relates to guar-
antees of loan investments in pilot or demonstration private housing
projects, credit institutions furnishing home mortgage financing,
lower-income housing projects, and certain other housing investments
in Latin America of types intended to foster the development of local
capital-generating enterprises. This section is not intended to confer
any investment authority on Federal savings and loan associations or
any other members of Federal home loan banks that they would not
have in the absence of this section.
Section 1718. Federal Reserve Act
This section amends section 24 of the Federal Reserve Act to author-
ize construction loans up to 36 months in length as an exception to the
limitation on real estate loans to permit national banks to continue
to purchase participation in existing mortgages, and to provide theit
-loans by national banks shall not be considered real estate loans if the
bank looks primarily for repayment out of the income of theborrowers:
or to security other than real estate even though the bank takes real.
estate mortgages as additional-security for such loans. -
Section 1719. Low-rent public housing--Corpiorate tatus --
This section amends the U.S. Housing Act of 1937 to eliminate-the
provisions which presently confer corporate status upon -the public-
housing entity in the Department of HUD, and to vesftdirectly in the
Secretary the necessary functions. powers, and duties for the low-rent':j
public housing program. It also permits the retirement and return to
the Treasury of the $1 million capital stock of such entity. -
Section 1720. Special studies of savings and loan industry -
This section amends that part of chapter IV of the Second Suppile
mental Appropriation Act, 1966, which relates to expenses necessary-
for-special studies of the savings and loan industry, to extend the comn
pletion date of these studies from December 31, 1968, to December_
31, 1969. -
Section 1721. Small Business Act -
This section extends the pro-isions of the Small Business Act to -
infclude the Trust Territory of the Pacific Islanrds.- -
-.* ection 177Y Technical ame ndmenti -
Subsection (a) amends section 110(c) of the Housing Act of 1949"
to make it clear that urban renewal project funds can be used for "the
restoration of acquired properties of historical or architectural value."
Subsection (b) amends section 110(d) of the Housing Act of :19409-:
to make it clear that grant-in-aid credit can be given-for expenditures-
by a public body for the construction of foundations and platforms-on:
air rights sites min urban renewal projects to the same extent that such-
work could now be done with project-funds.. - -
Subsection (c) amends section 110(e):_f the Housing Act-of 1949
to make it clear that the restoration of historic properties can be car.-;
ried out as an urban renewal project cost for those projects approved.
for three-fourths Federal grant assistance on a limited project cost
Subsection (d) amends section 1101(c) (3) of the National Housing
Act to permit- amortization of the mortgage term under-the medical
group practice facilities program to'commence after completion of-
construction of the facility, rather than at the time the mortgage is
Subsection (e) amends section 213(o) of the National Housing Act -
to clarify the authority of the Secretary to invest all moneys, not cur--
rently needed for the operation of the cooperative management hous-%
ing insurance fund, in Government bonds or oblig'-tions, or in the pur-
of a mortgagee shall apply with respect to the Commissioner when
he has acquired an insured mortgage under this paragraph, in
accordance with and subject to regulations (modifying such pro-
visions to the extent necessary to render their application for
such purposes appropriate and effective) which shall be pre-
scribed by the Commissioner, except that as applied to mortgages
so acquired (A) all references in section 204 to the Mutual Mort-
gage Insurance Fund or the Fund shall be construed to refer to
the Section 220 Housing Insurance-Fund. (B) all references in
,,;I. 'section 204 to-section 203 shall be-construed to refer to this section,'- <*
,13. and (C) all references in section 207 to the Housing Insurance
Fund, the Housing Fund, or the Fund shall be construed to refer
to the Section 220 Housing Insuirance Fund."-
,. (h) (1) Section-223 (a) of such Act is amended by striking out "213,
or 222" each place it appears r-nd-inserting in lieu thereof "213, 220,
221, 222, 231, 232, or 233". - _- - : -
(2) Section 223(a) (7)'of such Act is amended- ,
(A) by striking out "section 903 or section W08 of title IX" and -
*:-5 ~ inserting in lieu thereof "section-220, 221, 903, or 908"; and-
o, (B) by striking out "insured under section 608 or 908". -
:. -(3) Section 223 of such Act is further amended by adding at the
end thereof the following new-subsection: -
"(d) With respect to any mortgage, other than a-mortgage cover-
ing a one- to four-family structure, heretofore or hereafter insured -
by the Commissioner, and notwithstanding any other provision of this -
Act, when the taxes, interest on the mortgage debt, mort-agu insur-
ance premiums, hazard insurance premiums and the expense of main-
tenance and operation of the project covered by such mortgage during
the [irst two years following the date of completion of the project, as
determined by the Commissioner, exceed the project income, the Coin-
missioner may, in his discretion and upon such terms and conditions -
as he may prescribe, permit the excess of the foregoing expenses over
the project income to be added to the amount of such mortgage, and
extend the coverage of the mortgage insurance thereto, and such addi-
tional amount shall be deemed to be part of the original face amount
of the mortgage.' -
no. (i) The first sentence of section 224 of such Act is amended to read
as follows: "Notwithstanding any other provisions of this Act, de-
bentures issued under any section of this Act with respect to a loanii or
mortgage accepted for insurance on or after thirty days following the--
c r, effective date of the Housing Act of 1954 (except debentures issued
pursuant to paragraph -(4) of section 221(g) ) shall bear interest at -
the rate in effect on the date the commitment to insure the loan or
4i mortgage was. issued, or the date the loan or mortgage was endorsed
for insurance, or (when there are two or more insurance endorse-
mrent) the date the loan or mortgage was initially endorsed for in.
surance, whichever rate is the highest, except that debentures issued
pursuant to section 220(f), section 220(h) (7), section 221(g), or sec-
tion 233 may, at the discretion of the Commissioner, bear interest at the-
rate in effect on the date they are issued." -
(j) Section 226 of such Act is amended by-.
(1) striking out in the first sentence. "222, or" and inserting-
in lieu thereof "222, 233, 234, or"; and
(2) striking out in the third sentence the words "that a writ-
te-n statement setting forth such estimate" and inserting in lieu
-ereof the following: "or on the basis of any other estimates of
'he Commissioner, that a written statement setting forth such
-t imate or estimates, as the case may be".
75 STAT. 183,
(k) Section 227 of such Act is amended by- 12 USC 1715r.
(1) striking out in subsection (a) "or (vi) under section 810 12 USC 1748 -2.
if the mortgage meets the requirements of subsection (f)" and
inserting in lieu thereof "(vi) under section 233 if the mortgage Ante p. 158.
meets the requirements of subsection (b) (2), or (vii) under sec-
tion 810 if the mortgage meets the requirements of subsection ..
(2) striking out in subsection (b) the word "value" and insert-
ing in lieu thereof "value, cost,"; and --- -
(3) striking out in the second and third sentences of subsection -
(c) "section 221 if the mortgage meets the requirements of para- 12 USC 17151.-
graph (4) of subsection (d) thereof, or section 231," and insert- 12 usC 1715v.
ing in lieu thereof "section 221(d) (3), section 221(d) (4), sec-
tion231, or section 233(b) (2),".
(1) Section 229 of such Act is amended to read as follows: 73 Stat. 62.-
12 USC 1715t.
"VOLUNTARY TERMINATION OF INSURANCE
"SEC. 229. Notwithstanding any other provision of this Act and -
with respect to any loan or mortgage heretofore or hereafter insured -
under this Act, except under section 2, the Commissioner is author- 12 use 1703.
ized to terminate any insurance contract upon request by the borrower- ____
or mortgagor and the financial institution or mortgagee and upon
payment of such termination charge as the Commissioner determines
to be equitable, taking into consideration the necessity of protecting -
the various insurance Funds and Accounts. Upon such termination,
borrowers and mortgagors and.financial institutions and mortgagees
shall be entitled to the rights, if any, to which they would be entitled
under this Act if the insurance contract were terminated by payment -
in full of the insured loan or mortgage." -
S- in) Section 231(c) (2) of such Act is amended -to. read as follows: 12 usC 1715v. -
"(p) not exceed, for. such part of such property or project --
as may be attributable to dwelling use (excluding exterior land -
-improvements as defined by the Commissioner), $2,250 per room-, -
(or $9,000 per family unit if the number of rooms in such prop-
erty or project is less.than four per family unit) : Provided, That- -
as to projects to consist of elevator-type structures, the Cominis-
-stioner may, in his discretion, increase the dollar amount limitation --- -
of $2,250 per room to not to exceed $2,750 per room and the dollar -
amount limitation of $9,000 per family .unit to not to exceed-
$9,400 per family unit, as the case may be, to comperisatefor the -
higher costs incident to the construction of elevator-type strue- -
tures of sound standards of construction and design; except that -
the Commissioner may, by regulation, increase any of the fore- -
going dollar amount limitations contained in this paragraph by -:. -. :
.: -- not to exceed- $1,250 per room, without regard to the number of -- .-
rooms being less than four, or four or more, in any geographical -
- /. area where he finds that cost levels so require;".'. .- ;..---' .; -: -
TITLE VII-OPEN SPACE LAND t
FINDINGS AND PURPOSE r
SEc. 701. (a) The Congress finds that a combination of economic,-
social, governmental, and technological forces have caused a rapid
expansion of the Nation's urban areas, which has created critical-
problems of service and finance for all levels of government and which,
combined with a rapid population growth in such areas, threatens
severe problems of urban and suburban living, including the loss of
75 STAT. 184.
valuable open-space land in such areas, for the preponderant majority
of the Nation's present and future population.
a- (b) It, is the purpose of this title to help curb urban sprawl and
prevent the spread of urban blight and deterioration, to encourage
more economic and desirable urban development, and to help provide
_necessary recreational, conservation,-and scenic areas bv-assisting--- ...--...--
State and local governments in taking prompt action to preserve open-
space land which is essential to the proper long-range development
an(d welfare of the Nation's urban areas, in accordance with llans for
the allocation of such land for open-space purposes.
S SEc. 702. (a) In order to encourage and assist in the timely ac .
quisition of land to be used as permanent open-spaice land, as defined
_, herein, the Housing and Home Finance Administrator (hereinafter
( referred to as the "Administrator") is authorized to enter into con-
tracts to make grants to States and local public bodies acceptable -
to the Administrator as capable of carrying out the-provisions of this
title to help finance the acquisition of title to. or otl.er permanent
interests in, such land. The amount of any such grant shall not
S" exceed 20 per centum of the total cost, as approved by the Ad-
ministrator, of acquiring such interests: Provided. That this liinita-
tion may be increased to not to exceed 30 per centium in the case of a -
S grant extended to a public body which (1) exercises responsibilities
consistent with the purposes of this title for an urban area as a whole,
or (2) exercises or participates in the exercise of such responsibilities
for- all or a substantial portion of an urban area pursuant to an inter-
state or other intergovernmental compact or agreement. The faith
of the United States is pledged to the payment of all grants contracted
for'under this title. - -
initaticn. (b) The Administrator may enter into contracts to make grants
under this title aggregathig not to exceed $50,000,000. There are-
propriation. hereby authorized to be appropriated, out of any moneys in the -
Treasury. not otherwise appropriated, the amounts necessary to pro-
vide for the payment of such grants as well as to carry out all other
-purposes of this title.
strictions. (c) No grants under this title shall be used to defray develop-
ment costs or ordinary State or local governmental expenses, or to
Shelp finance the acquisition by a public body of land located outside
the urban area for which it exercises (or participates in the exercise
of) responsibilities consistent with the purpose of this title.
(d) Tlie Administrator may set such further terms and conditions
for assistance under this title as he determines to be desirable.
eviaw of Appli- (e) The Administrator shall consult with the Secretary of the In-
ations. terror on the general policies to be followed in reviewing applications
for grants. To assist the Administrator in such review, the Secretary
S of the Interior shall furnish him appropriate informationon the status
of recreational planning for the areas to be served by the open-space
land acquired with the grants. The Administrator shall provide cur-
rent information to the Secretary from time to time on significant pro-
SEc. 703. (a) The Administrator shall enter into contracts to make
grants for the acquisition of land under this title only if he finds that
1) the proposed use of the land for permanent open space is impor-
tant to the execution of a comprehensive plan for the urban area meet-
ing criteria he has established for such plans, and (2) a program of
75 STAT, 155
comprehensive planning (as defined in section 701 (d) of the Housing
Act of 1954) is being actively carried on for the urban area. 73 Stat. 67
(b) In extending financial assistance under this title, the Admin- 40 use 461.
istrator shall take such action as he deems appropriate to assure that
local governing bodies are preserving a maximum of open-space land,
- with a minimum of cost, through the use of existing public land; the -
use of special tax, zoning, andsubdivision provisions; and the con-
tinuation of appropriate private use of open-space land through acqui-
sition and leaseback, the acquisition of restrictive easements, and
other available means.-
CONVERSIONS TO OTHER USES
SEc. 704. No open-space land for which a grant has been made
under this title shall, without the approval of the Administrator, *
be converted to uses other than those originally approved by him.
The Administrator shall approve no conversion of land from open-
space use unless he finds that such conversion is essential to the orderly
development and growth of the urban area involved and is in accord
with the then applicable comprehensive plan, meeting criteria estab-
lished by him. The Administrator shall approve any such conver-
sion only upon such conditions as he deems necessary to assure the
substitution of other open-space land of at least equal fair market
value and of as nearly as feasible equivalent usefulness and location.-
TECHNICAL ASSISTANCE, STUDIES, AND PUBLICATION OF INFORMATION .
SEC. 705. In order to carry out the purpose of this title the Ad-
ministrator is authorized to provide technical assistance to State and
local public bodies and to undertake such studies and publish such -
information, either directly or by contract, as he shall detea ine to
be desirable. There are hereby authorized to be appropriated, out of
any moneys in the Treasury not otherwise appropriated, such amounts
as may be necessary to provide for such assistance, studies, and pa b-
lication. Nothing contained in this section shall limit any authority
of the Administrator under any other provision of law. -
'- " DEFINITIONS '- -. -I
SEC. 706. As used in this title- .: .'
(1) The term "open-space land" means any undeveloped orpre- /
dominantly undeveloped land in an urban area which has value for-
(A) "park and recreational purses, (B) conservation of land and
other natural resources, or (C) historic or scenic purposes.
(2) The term "urban area" means any area which is urban in. _
character including those surrounding areas which, in the judgment,
of the Administrator, form an economic and socially related regi- -
taking into consideration such factors as present and future popular?
tion trends and patterns of urban growth, location of transportation .
facilities and systems, and distribution of industrial, commme!al4,
residential, governmental, institutional and other activities.. u
(3) The term "State" means any of the several States, tho istrizt
of Columbia, the Commonwealth of Puerto Ricop the7Virgin Islawnd
and Guam. .
.' :,. '"t : ': ". =,
Section 1722: Technical Ammendments
This subsection for the first time spells out the
authorization of funds specifically..."for restoration of
project properties of historical or architectural value."
Subsection (C) "makes clear that the restoration
of historic properties can be carried out as an urban renewal
project cost for those projects approved for three-fourths
Federal grant assistance..."
Title VII Open Space Land Sec. 701:
This provision in the law provides for the study
of open space as an integral part of the urban American scene.
The preservation of open spaces is as necessary as that of
buildings. With this enactment the deterioration of the en-
vironment is reduced and will mutually enhance preservation
Encouraged by this enactment states qualify for
funds to study open space allocation in urban areas.
Established by this section, the definition of
open space includes lands for park and recreational purposes,
conservation of land and other natural resources, and historic
or scenic purposes.
Title VI Preservation of Historic Structures. Sec. 601
Ammends the Housing Act of 1949 to include "historic
and architectural preservation."
The 1949 Housing Law is amended to include local
grant-in-aid credit for relocation and restoration of historic
T. aTwhich--are insured by the Secretary of Housing and Urban Develop-
ment pursuant to title XI of the National Housing Act,".'
(b) Subsection (a) of section 304 of the Trust Indenture Act of
Stat. 1153. 1939 (15 U.S.C. 77ddd) is amended by striking out the word "or"
at the end of paragraph (8) ; by striking out the period at the end of
paragraph (9) and inserting in'lieu thereof a semicolon and the word
. or"; and by adding after paragraph (9) a new paragraph as follows:
"(10) any security issued under a mortgage or trust deed
indenture.as to which a contract of insurance-under title XI of
the National Housing-Act is in effect; and any such security -
.shall be deemed to be exempt from the provisions of the Securi-
ties Act of 1933 to the same extent as though such security were
t specifically enumerated in section 3(a) (2), as amended, of the
Stat. 906. Securities Act of 1933 (15 U.S.C. 77c(a)(2))," -
'stat. 902. (c) Section 263 of chapterX of the Bankruptcy Act (11 U.S.C. 663)
is amended by adding at the end thereof the following: "Nothing
contained in this chapter shall be deemed to affect or apply to'the"
* creditors of any corporation under a mortgage insured pursuanf-to -
title XI of the National Housing Act."
TITLE VI-PRESERVATION OF HISTORIC STRUCTURES
PRESERVATION OF HISTORIC STRUCTURES AS PART OF URBAN --
.Stat 301o. SEC. 601. (a) Section 110(b) of the Housing Act of 1949 is amended
SC 1460 by inserting "historic -and architectural preservation," after' "land
a.- 19. acquisition,". -
-Stat. 1097. (b) Section 110(c)(6) of such Act is amended by inserting
"to promote historic and architectural preservation," after "dete-
(c) Section 110(c) of such Act is further amended by st r king
out "and" at the end of clause (8), and by striking out- clause (9 :
and inserting in lieu thereof the following:
(9) relocation within or outside the project area of structures
which will be restored and maintained for architectural or'his-
toric purposes; -and -' -
'4 "(10) restoration of acquired properties of historic or archi--
S tectural value." - -
S ..LOCAL GRANT-IN-AID CREDIT FOR REL)OCATION' AND RESTORATION OF
HISTORIC STRUCTURE -
Stat. 626. SEC. 602. Clause (2) of section 110(d) of the Housing Act of 1949
i. is amended by striking out "clause (2) and clause (3)" and inserting
in lieu thereof "clauses (-2), (3), (9), and (10)'" -
S GRANTS TO NATIONAL TiRUST FOR HISToRIC tESERVATION TO COVER
SFc. 603. (a) The Secretary of Housing and Urban Development
is authorized to make grants to the National Trust for Historic Preser-
vat ion, on such terms and conditions and in such amounts (not exceed-
ing $90,000 with respect to any one structure) as he deems appropriate,
to cover the costs incurred by such Trust in renovating or restoring
structures which it considers to be of historic or architectural value and
which it has accepted and will maintain (after such renovation or
restoration) for historic purposes.
(b) There are authorized to be appropriated such sums as may be
necessary for the grants to be made under subsection (a).
80 STAT. 1279
URBAN PLANNING GRANTS FOR SURVEYS OF HISTORIC STRUCTURES
SEDc. 604. Section 701 of the Housing Act of 1954 is amended by 73 Stat. 678.
adding at the end thereof the following new subsection: 40 USC 462.
"(h) In addition to the other grants authorized by this section, the
Secretary is authorized to make grants to assist any city, other munic-'
ipality, or county in making a survey of the structures and sites ini -
such locality which are determined by its appropriate authorities to be
of historic or architectural value. Any such survey shall be designed -
So identify the historic structures and sites in the locality, determine -
-the cost of their rehabilitation or restoration, and provide such other -- :
information as may be necessary or appropriate to serve as a founda-
S tion for a balanced and effective program of historic preservation in, -
_such locality. The aspects of any such survey which relate to the iden- '
tification of historic and architectural values shall be conducted in-et; "
accordance with criteria found by the Secretary to be comparable- t
those used in establishing the National Register maintained by the -. '-
Secretary. of the Interior under other provisions of law; and the -
results of eachli such survey shall be made available to the Secretary of
the Interior. A grant under this subsection shall not exceed two- -
Sthirds of the cost of the survey for which it is made, and shall be made-:-
to the appropriate agency or entity specified in paragraphs (1)
through (9) of subsection (a) or, if there is no such agency or entity- 78 Stat. 792, --
which is qualified and willing to receive the grant and provide for its -793; 79 stat. 17.
utilization in accordance with this subsection, directly to the city, other
municipality, or county involved." .. --
GRANTS FOR IIISTORIC PRESERVATION -
SEC. 605. (a) The heading of title VII of the Housing Act- of 1961: 75 Stat. 183r. -
is amended to ead as follows: 42 USC 1500
'fTITLE VIIT-OPEN-SPACE LAND, URBAN BEATTIFICA-; -
TION, AND HISTORIC PRESERVATION". -
^'7 = (b) Section 701 of such Act is amended by redesignating subsection- i
(c) as subsection (d), and by inserting after subsection (b).e a new sub- 79 Stat. 494.
section as follows: -
i -- "(c) The Congress further finds that theretis inneed for timely
action to preserve and restore areas, sites, and structures of historic
or architectural value in. order that these remaining evidences of;
expansion and development of the Nation's urban areas."
(c) Section 701(d) of such Act (as redesignto red by sfollowubsect:
of this section) is amended-. To assist the Secretary su revw, the
reta(1) by inserting afterll f"urbandevelopsh him (1)t approprlowint "torm
S' ssis in preserving national and properties ofrecreation and histostorio r rcitc
-I tural value,"; and -
(2) by strikiiigout"and (2)" and inserting in lieu thereof
"prese(2) acquire,lanning as it and rffets thore areas to be assistructuresd with such, ,
histructuoric or architectural algnifice, and (3)in American history, architeu -
(d) Section 702(e) of such Act is amendedlo read us follows: 75 Stt. 184.
(e) The Secretary shall consult with the Secretary of the Interior
on the general policies to be followed in reviewing applicatio s for-
grants under this title. To assist the Secretary in such review, the .
..-$ecretary of the Interior shall furnish him (1) appropriate iforma-
; tion on the status of national and statewide recreation and historic '
-preservation planning as it affects the areas to be assisted with such j,
grants, and (2) the current listing of any districts, sites, buildings, '
* structures, anid objects significant in American history, architeiturA,
-archeology, and culture which may be contained on a National Reg-
S- ister maintained by the Secretary of the Interior pursuant to other-
S provisions of law. The Secretary shall provide current information
*| -. to the Secretary of the Interior from time to time on significant pro-
.-gram developments." -
'at. 496. (e) Section 706 of such Act is amended by striking out the proviso.-
sC .15o000-2. : (f) Section 708 of such Act is amended by inserting "(a)" after
se-OOd "SEc. 708."- by inserting "(b)" before "The" in the second paragraph,;
and by adding at the end thereof a nevw subsection as follows:
S- -"(c) Notwithstanding any other provision of this title, the Secre-e
t;-ary may uise not to exceed $10,000,000 odfthe sum authorized for
l--' -? -- -coifracts under this -title for the purpose -of entering into contracts -
-. to make grants in amounts not to exceed 90 per centum-nof the cost of
il^. -;-/ activities: which he determnfines have special value in -dev-eloping-'aind
j. _.- "^,- demonstrating new -and improved methods andi materials for uee in
carrying out the purposes of this title."
.SC io500e. (g) Title VII of such Act is amended by redesignating section -o-
S- as section 710, and by adding after section 708- a new sectioni as
.* : +:-follows: .
S- "'Sc. 709. -The -Secretary is authorized to enter into contracts to -
.- iake gruants-to States and local public-bodies to 'assist in the acquisi--
.. --tion of title to or other pernianent interests in areas, sites.aniid struc- --
-- tures of historic or architectural value in urban areas, aind in their .
S -restoration and ihiprovenient for public use and benefit, in accord with "
--: the comprehensively plaiinned development of -the localitvN -The
S: --: -amount of any such grant shall not exceed 50'per 'entuin of the tofal- -
S - cost,-as aipjroved by the Secretary, of- the. assisted activities Tihe -
remainder-of such costrshall be provided from non-Federal sources."
--. .:-. ...- (h')-Coineiencing three years after the date of the enactineiit of this
Act, no grant shall be made (except -pursuant to a contract or co -
S- -initminent entered into- less than three years after such date) wnder-
ra. section 709 of the Housing Act of 1961 or section 701 (h) of the Hous-
P pp.-- ing Act of 1954, or under section 103 of the Housing Act of 1949 to -
2- the -extent that it is to be used for historic or architectural preserva- -
tion, except with respect to districts, sites, buildings, structures, and
S objects which the Secretary of HLousing and Urban development finds
meet criteria comparable to those used in establishing the- National
Register maintained by the Secretary of the Interior pursuant to other
-provisions of law.
- TITLE VII-URBAN RENEWAL
LOc;L GRAINTS-IN-AID --
SEC. 701. Section 110(d) of the Housing Act of 1949 is amended by
inserting immediately after the colon at the end of tle first proviso
the following: "Provided further, That any publicly owned facility,
the construction of which was begun not earlier than three years prior
to the date of enactment of the Demonstration Cities and Metropoli-
tan Development Act of 1906, shall be deemed to benefit an urban
renewal project or projects to the extent of 25 per centum of the total
benefits of such facility, or $3,500,000, whichever is less, if such fa-
cility (A) (i) is used, or is to be used, by the public predominantly
for cultural, exhibition, or civic purposes, or is a city hall or a public
safety building, or (ii) is a facility, constructed-or rehabilitated by a
public university, which is or will be devoted to the treatment of physi- -
cal or mental disabilities and illness or to medical research; (B) is
located within, adjacent to, or in the immediate -vicinity of such urban
S- . .- 80 STA. 1281'
r --- enewal project or projects; (C) is found to contribute materially to
the objectives of the urban renewal plan-or plans for such project or.
projects; and (D) is not otherwise eligible as a local grant-in-aid:".
AIR RIGHTS SITES IN URBAN RENEWAL PROJECTS .
S- SE. 702:. (a) Section 110(c) (1) of the Housing Act of 1949 is 78 Stat. 787.
amended by inserting in clause (iv), between the word "income" and 42 usc 1460.
the colon immediately preceding the first proviso, the following: "or,
if the area is found by the local public agency to be unsuitable for use
for low or moderate income housing, for use for industrial develop-
'-f -\ '- '- +(b) Section .11.0(c) (7) of such Act is amended by inserting imme- 78 Stat. 788.
-:.\) diately before the semicolon the following: ", or construction of foun- .
-_" _..... nations and platforms necessary for the provision of air rights sites -
.-':--.-:' for industrial development". -: -
r-ADDITIONAL REQUIREMENTS FOR REDEVELOPMENT OF URBAN RENEWAL
SEc. 703. (a) Section 105 of the Housing Act of 1949 is amended by
: adding at the end thereof the following new subsection: -
]. -_ /.. (fk The development of the urban renewal area, unless such
redevelopment is for predominantly nonresidential uses, will provide
a: --- ::substantial number of units of standard housing of low and moderate
cost and result in marked progress in serving the poor and disad-
-n taged people living in slum and blighted areas."
-: -' .. (b) The amendment made by subsection (a) shall apply only in
-:. the case of contracts for loans or capital grants which are made with
S----.- respect to urban renewal projects undertaken pursuant to urban
- r : -renewal plans approved after the date of the enactment of this Act.
63 Stat. 416.
42 USC 1455.
THREE-FOURTHIS GRANTS FOR PROTECTS IN CERTAIN .
S 704. Section 103(a) (2) (B) of the Housing Act of 1949 is 79 stat. 479.
-amended by inserting after "to avoid hardship," -the following: "or 42 usC 1453.
at any time after such contract or contracts are entered into and prior
: to'the time the final grant payment has been made pursuant thereto,".
.XPEXNDITURES BY EDUCATIONAL INSTITUTIONS AND HOSPITArLS
SEC. 705:.Section 112(a)-of the Housing Act of 1949 is amended
S by inserting before the period at the end thereof the following: Pro-
--. <-' ended further, That no such expenditure shall be deemed ineligible
~- : a local grant-in-aid in connection with an urban renewal project, to
the extent that the expenditure is otherwise eligible, if the facilities,
- -land, buildings, or -structures with respect to which ithe expenditure
is made are located within one mile of the project".
REQUIREMENT OF SEPARATE SEWER SYSTEMS IN REDEVELOPMENT OF
URBAN RENEWAL AREA ,* -.
75 Stat. 169.
42 USC 1463.
SEc. 706. Section 105 of the Housing Act of 1949 is amended by 4? lc 1455.
adding at the end thereof (after the new subsection added by section.
703 of this Act) the following new subsection:
S "(g) Consideration has been given to development of a sewer system
to serve the urban renewal area which will, to the maximum extent
.----.... -t- ..-... feasible, provide for effective control of storm and sanitary "'fst;
84 STAT. 1779 .
achieve and maintain adequate operating and maintenance services and
reserve funds including payment of outstanding debts."
50 Stat. 8885
42 USC 1401.
SEC. 211. Section 1 of the United States Housing Act of 1937 is
-amended by adding at the end thereof the following: "It is the sense
of the Congress that no person should be barred from serving on the
board of directors or similar governing body of a local public housing
agency because of his-tenancy in a low-rent housing project."
S- RELOCATION PAYMENTS ': -
78 Stat. -788. SEC. 212. (a) Section 114(b)(1) of the Housing Act of 1949- is
42- USC 1465. amended by inserting before the semicolon the following: ": Provided
f- rather, That the Secretary may authorize payment to displaced busi-
n- ess concerns of fixed amounts in lieu of their total certified actual
in moving expenses where he determines that it is impractical for a dis-
placed business concern to calculate the amount of such expenses".
(b) The last sentence of section 114(b) of such Act is amended by
striking out "certified actuall. -
--'-_ .^_- EARLY CLOSEOUTT OF V'RBAN RENEWALL PROJECTS .
82 Stat. 522. SEc. 213. (a) Section 106(i) of the Housing Act ofU11i49isamendd"-
42 use 1456. to read as follows: -- -_
"(i) Upon determination of the Secretary that the local public-.
- gency-does not expect to be able in the reasonably near future, due-
to circumstances beyond its control, to dispose of urban renewal proj-
ect land acquired in accordance with the urban renewal plan and that
-, - -all other project activities are completed except lc.'al grant-in-aid
activities designated in tie third proviso to section 110(d) under the
conditions specified tbereinu and tlhat a closeboit-of the urban -renewal
S -. project pursuantto this subsection would be in the financial interest
of the Federal Government, the urban renewal project may be deemed
completed, net project cost may be computed, and the capital grant
S:. -_ paid. To facilitate- these actions, the Secretary may pay to the local"
public agency a grant, in addition to the capital grant otherwise pay-
on the three-fourths capital grant basis) of the estimated disposition
proceeds of such land as accepted by the Secretary. No local grant-in-
aid shall be required on account of this additional grant. The approval--
of the Secretary shall be:obtained rior to the disposition of such
land by the-local public agency and net proceeds realized from the.
.disposition of such land after project closeout shall be paid to the_--
Secretary by the local public agency."
42 Sc3 1460. (b) Section 110(f) of such Act is amended by striking out "or for--
subsequent disposition or retention as provided under section 106(i)".
RELEASE FROM CERTAIN PROJECT OBLIGATIOKNS-
6C Stat. 622.
42 uTSC 1450.
SEC. 214. Notwithstanding any other provision of this Act or title'
I of the Housing Act of 1949, as amended, the Secretary of Housing-
and Urban Development is authorized and directed to release the City
of Stanton, Texas, and the Urban Renewal Agency of the City of
Stanton, Texas, from the obligations of their agreement with the
Department of Housing and Urban Development entered into in con-
nection with the closeout of projects numbered Tex. R-45 and Tex.
Pub. Law gi-609
- 10 December 31, 1970
December 31, 1970 -11 Pub. Law 91-60(i
.4 STAT. 1780-
R-81 and to close out those projects, effective as of the original date of
closeout, on the basis of the authority granted under section 213 of
URBAN RENEWAL PROJECT IN MONROE, WISCONSIN
SEC. 215. Notwithstanding the date of commencement of construc-
tion of streets and highways in the tornado urban renewal area in
Monroe, Wisconsin, local expenditures made in connection therewith
shall, to the extent otherwise eligible, be counted as a local grant--
aid to the tornado urban renewal project (Wisconsin BR-27) in accord- -
ace with the provisions of- title I-of the Housing Actof .1949--. 68 sta.62..
42 USC 1450.-
TITLE III-MODEL CITIES -AND METROPOLITAN-- -
DEVELOPMENT PROGRAMS -
: '- AUTHORIZATION FOR MODEL -CITIES PROGRAM
S- 301. (a) Section 111(b) of the Demonstration Cities and Met-- -
ropolitan Development Act of 1966 is amended- -- tat. 126o;
(1) by striking out."and" the third time it appears; and 3 Sta 391.
(2)- by. inserting before the period at the end thereof the fol- 42 USC 3311.
lowing: ", and not to exceed $200,000,000 for the fiscal year end--- -
::. ingJune30,1972". : - "
(b) Section 11-1 (c) of such Act is amended by striking out "1971
S and insertingin lieu thereof'1972".-- '- ~ -'
(c) Section 111 :of suchAct is further amended by striking out -
"and administrative expenses" each place it appears. -
AUTHORizATION FOR COMPREHENSIVE PLANNING GRANTS
1 SEC. 302. The fifth sentence of section 701(b) of the Housing Act -
-of 1954 is amended by striking out "and not to0exceed $390,000,000 82 S-tat. 529J
prior to July 1- 1971" and inserting ir lieu thereof "and not to exceed 83 Stat. -391._-
$420,000,000 prior to July 1,1972". -- :.40 usC 46L-
_NEW COMMUNITYr LAND DEVELOPMENT -
SEC. 303. (a) Section 407(d) of the Housing and Urban Develop-
mnent Act of 1968 is amended by striking out "$250,000,000" and insert: j2 stat. 516.:--
ing inlieu thereof "$500,000,000".- 42 USC 3906..-,
(b) Section 412(d) of suck Act is amended by striking out "July I 42 USc 3911.
1971"andinsertinginlieuthereof "July 1,1974" ::- : -- :-:-.
(c) Section 408 of such Act is amended- :42 WS 3907..-
S -- (1) by strikirigout "qualified"' and -:
(2) by striking out all that follows guaranteedd obligation".
and inserting in lieu thereof period. -
COMMUNITrrY rFACIITiES GRANITB -
SEC. 304. (a) Section 708 (a) of the Housing and Urbanf DevelopT ~- -
inent Act of 1965 is amended by adding at the end thereof the follow-. 79- stat.- 493 -
-$ ing new sentence: "In addition, there is authorized to be appropriated Ante., p. 8 -.
for the fiscal year commencing July 1, 1971, not to exceed $50,00,0 42 IJsc 31.
for grants under section 703."
(b) Section 708(b) of such Act-is amended by striking.out "1971O Stt s .
and inserting in lieu thereof "1972". -.
t ~~~ ~ ~ ~ '. -* "'* *\r ^'' I,, *
uL.r /krt TMENT Or nLu.4c,. I..11- OF ..> -V Vi_ihi i
Sg i WASHINGTON, D.C. 20410
May 17, 1974
MAY 2 4 1974
OFFICE OF THE ASSISTANT SECRETARY
FOR COMMUNITY PLANNING AND DEVELOPMENT IN REPLY REFER TO:
Environmental Planning Division
Mr. Carl Feiss
Urban and Regional Development
University of Florida
Gainesville, Florida 32611
Thanks for your letter. Here are some answers. HUD no longer
funds historic preservation unless under an ongoing renewal
project. $25 million for this is impounded and Congress has
not indicated a will to move for any change. The new HUD
legislation under final consideration in Congress will make
no special case for the subject. The old rules and regulations
are therefore no longer worth having. George Karas, who is
the Historic Preservation Officer for HUD, points out we can-
not say HUD supports localities unless they choose to allocate
from their general community development apportionments.
Meanwhile we do mail out hortatory materials and you have
been added to our list.
I forsee that more may come of this, if urban design can in
fact be firmly described as a proper function in local govern-
ment. As you know we are attempting to frame some new materials
to do this. Also a small sum from the Bicentennial people is
to be let by HUD for preparing a guide to localities on historic
preservation. If you are interested I can tell you more.
I am always pleased to see you and wish you would stay still a
while longer next time you are in town, long enough for us to
dine and converse.
Warm Personal Regar
Andrew F. EusLon, Jr. AIA
Urban Design Program Officer
outingg and Urban Development
26 Federal Plaza
New York, New York 10007
S Sixth and Walnut Streets
p Philadelphia, Pennsylvania 19106
S :645 Peachtree-Seventh Building
Atlanta, Georgia 30323,
l~r^ :.^ -- -*:
Dom 1500, 360 North Michigan Avenue
Chicago, Illinois 60601
; Federal Office Building
-O .stict of Ca.mba
New Jersey ,
Georgii +' :*
C o lo ra d o -m:
s~~~~~~~~~~ *,Uaea.i a e .r -I -.
'~f~iii7]YT -T ; 0f'Tr _I
44 RI IiRC
Room 13A01;819 Taylor Street Oklahoma ,.
S : Fort Worth, Texas 76102 Texas -
i'.. r ?" Northemrn California
Southern Idaho i
Golden Gate Avenue. P.O. Box 36003 Utah -
I San Francisco, California 94102 Wyomrning -
Area Offices: "
SAd e P. l a-a. Montana
-. A l + *+ -.... -- p T -....
226 Arcade Plaza Building Northern Ida I :' "
1321 Second Avenue Oregon
Seattle, Washington 98101 W-e mn. g oq +1
AAfzona IJ 1j
Room 1015. 312 North Spring Street Southrn California
Los Angeles, California 90012 Southern Nevada '
;,ce 0D Leon Av.nue a'd BoLj ot -'
-, P.O Bo.3SC3.GPO V "4K jd, I*
Son Juan, Puerto fi co L0938e PutrTORico--
rhis-1e. i T. -
Thi.*i*wbwBc aO..M ase Su m aneLtoA wi. <( a .
- 17"q~i- x*--- -
Historic buildings, architectural treasures,
and needed open space can be preserved through the4
cooperative efforts of-Federal and local officials ana
The Historic Preservation program- enables"
the Department of HQusing and Urban Development
-to assist communities in their efforts to acquire,:
restore,: and- improve sites, structures 'and areas of
historical or2architectural significance .for public use'
Who is El gible .. -
ny State or local ubic body authorized to
acquire, improve, and restore- property for -preser-"
va ion purposes and to contract for Federal funds i:
.* t-eigiole. to apply for. as:isrunc.. ."JUlic.uii piie
- organization and individuals are hotelfgib I to app y
: they may provide part or all of the. funds necessary'
f or the local.share of -project costs- They may also.
- assist an applicant public.body in planning a project. -
Leaseback of sites and structures to nonpublic bodies
.- and individuals is alsd permitted'und.r circumstances
approved by the Secretary of< the Depaitmentt ofJ
Housing and: Urban Dr-v:lopment. .
: 12t is Ailab le-
' j ,i, -- -' .-- V alin, grants may cover j o SO perch
SI 'i l! : !... L -I I. ,Ia *-: O the cost of acquisition, .*fsior,,ion, mprove:-i
t'+ w I~..i architectural significance in urban areas. Tie Fd:3d '
grant for any project cannot exceed $1,00,000 i any
one fiscal year. Thl Federal grait fobr. moirg a
+ *" [i,":', ^'+" :: structure cannot exceed ,S25,000.- .: '" "
; ;;- '" i._J1- '-+." ^ -. " .- Projects fu d':6 u:.-der thi p r -'t
SIs. Y. tn t a Vublin-
- at -
the land or structure must be consistent with compre- restoration and structural stabilization are eligible. If control. If the applicant wishes to transfer by l
hensive-planning for-the locality. it willbe open- to. the public. on a regular basis, contract a property assisted under a program gi.
Applicants must assure continuing mainte- complete restoration of the interior building corn- any individual, nonprofit corporation, or
nance and permanent use of the property for historic po nents will be eligible. This includes detailed resto- association, the lease or contract must coantn
preservation purposes. This -may be done -through-"-!'-- -ration of nonstructural elements-balustrades,- -_.-- tions approved by- the Secretary to prese
arrangements with private groups or individuals for molding, fireplace mantels-and of interior work control of the. property and to insure oni
operation of the property assisted in the grant if which are an integral part of the structure; such as maintenance. The lease or contract must e ap1
approved by HUD.- frescoes or murals. -by HUD. -
Grants cover only those costs or expenses If the structure will be open to the public -- -.
incurred by an applicant after HUD's authorization is but no interior restoration work is planned, funds *The project must be ocated a'i
obtained. The grant is made as a reimbursement of rhay be used for interior construction work to make -- urbaniziig are -
costs incurred by the public body for eligible activ- the-building usable. This may include basic interior :: '
ities, and can be paid in installments as the project finish and detailing such as flooring, plastering and : ---
progresses. Grant assistance is not provided for other surface treatments, and basic wiring, heating, The project must be nsistent
maintenance costs. -- - : and plumbing. -. long-range planning objectives,- anr- anr of:
The local share of costs may be provided in- -. Costs for reconstruction, duplication, or authorized planning agency, adeq tely funT
cash or in materials and services. Materials- and., replication of a structure are ineligible. -- undertake comprehensive planning mut ser
services must be such as can be assigned a cash value. Restoration purposes are not necessarily best locality.- -
The local share may come from any non-Federal achieved by returning a structure to its original design --
source or condition. Additions and alterations made to-- .* Assisted properties in st be satisfa
Donations of land or buildings cannot count - properties over the years frequently contribute signif- maintained. Applicants must lain their s-
toward the local share. Donated services may count as .- icantly to the present character of-the property and' .- plan for continued maintenance, including prot
part of the local share only if they are approved in are often worthy of preservation: and preservation of historic .or architectural in
advance by HUD and provided bya professional r c.t _-g- i:e. e Applicants are strongly urged 'lohave ieto. ." of features, materials, appear ce, workmanship
craftsman, artisan, restorationist architect, engeer, ration designed and supervised by a professional environment -
historian, or other professional whose services woul&d- - architect, landscape- architect; restorationist,- -. --"
normally be obtained to do the same work and whose historian, or similar recognized authority. '" oprty aqu ition, restoration
normal rate of payment may be ascertained or fairly Improvements on a historic site or on the : improvement must meet Federal requirement'
gauged. -grounds of a historic structure are limited to-those standards covering wage rates, nondiscritfi.
Eligible acquisition costs include: full title or which miay enhance the attractiveness of the setting' -.- price negotiations, design, and7 construction
lesser interests in acquiring historic structures; real -. or make the area more usable. Eligible improvements applicant -is responsib e for the development
estate services; and relocation .'assistance -.to, site.. include:- lighting, paving,- landscaping, fencing, and preparation' of all pr ject-lptans -and- spe.ific.-
occupants.- Ineligible 'costs include: acquisition or --- benches or similar furniture anid equipment. Assis-.- *; -'-i4--, compliance with pr ram: requirements, and
acquisition of interest in land or structures being tance will be provided for moving a structure when- m-. i petent supervision. inspection. .
acquired with assistance from another Federal pro- evidence is presented that the structure faces fmnu- - ". "7 ,.
gram; acquisition when ownership is being transferred nent danger or loss. 1-, '- The alicant -must as iffe' iil -
by a preservation or historical society to an applicant -^ -.- : placed individuals and families are op-li'ed
public body, except in unusual circumstances; and --- r" location hou'i,; that displaced business
costs incurred by an applicant prior to HUD notifi- : '- nonprofit orga nations are assisted in rek-'- .ili'
cation of approval. that elocatio payments are mide to 4i
Eligible restoration costs include: restoration Conditions for Eligibility ; displacees. Pa ents for relocation may be fruni
of eligible sites, areas, and structures to which the -- special H grants.-- -:- --
applicant has title or other permanent interest; :- : . -.':
construction and stabilization costs to make property -- -. -Prdpertie ust be oci.
structurally safe; and fees for architectural and ie following conditions generally govern historical or architectural signiificance. PiioW
related professional services essential to the resto- eligibility for grant funds under the Historic Preser-. .- rope y must be submitted with the app .
ration, including necessary historical research and ovationn program: : reco mended, but not required, at,
measured drawings. gra s and documentation meet the s
If the structure to be restored .will be used The project must result in a permanent"' Historic Amercan Bui'i r' ,..
far _ _r__ate _urosese. -nrifi- .cstssiak'W0 a A!i benefit ab niamstsremain n. public'.- *' -ft e lABS- 'nlanuawl4*
ol. If the applicant wishes to transfer by lease or of Archeology and Historic Preservation, National ', the community must pledge-to comply in order to'
act a property assisted under a program grant to -- -Park Service, -U.- S. Department of 'the-Interior, ----eceive- the- authorized- grant.-Field- representatives.:
individual, nonprofit corporation, or hidsoricaJ j' Washington, D. C. 20240.) - from HUD will fisit the project during the course of
nation, the lease oi contract must contain restric- Documentation,- which must be included : restoration and improvement to-provide advice and
approved by the Secretary to preserve public with the application, may be either a listing of the -' 1 assure -compliance with,.the conditions governing-
rol of the property and to insure continuing property on the National Register or a statement grant-assistance. -
tenance. The lease or contract must be approved from the applicant listing specific references and : Other HUD. programs -providing assistance
UD. -authority for evaluating the property and the qualify, for historic preservation- are: Open -Space Land;
S '--- cations of the person who has prepared the documen- -- .Urban Renewal; Urban Renewal Demonstration;-,
The project must be located in an urban or station and performed the review. - : Urban Planning Assistance; and Urban Beautification-
izing area. To qualify fr assistance property must and Improvement, HUD Regional Offices will assist in
meet the criteria of eligibility for listing on the Na- enter ng hich program mos le
The project must be consistent with tional Register of Historic Places, maintained by the "'. -.
range planning objectives, and an officially -National Park Service, U.S. Department of the Inte- The National Register
prized planning agency, adequately funded to. rior. If a property has not already been listed, its -.r
take comprehensive planning, must serve the ----- eligibility will be evaluated based on the documenta- : iteria of Evaluation. Theualitofsignca
t ti .on submitted with the application whether it has in American history architecture archeology and
been or will be nominated for listing by the State, culture is present in districts, sites, buildings,
Assisted properties must be satisfactorily Liaison Officer for Historic Preservation, and on con-. .-.structures, and objects of national State;and local
foraeontinue. applicants must ex, includin their specifion sultation with the National Park Service as necessary. importance that, possess integrity of location,,,
reservation of historic or architectural integrity oThe Criteria of Evaluation and supporting Criteria -design, setting, materials workmanship, feeling
matures, materials appearance, workmanshipand Considerations established for the National Register -and association, and .
onment. .- y the National Par Service are given on page 7. that are associated with events-that have made a
: In general, HUD will consider the following significant contribution to the broad patlemrns.
SProperty acquisition, restoration, and factors in selecting projects for grant assistance: of our history; or:: -: -. ; --
ovement must meet Federal requirements and- historic or architectural significance of'-the site, ..,- b.' that are 'associated with the lives of4 persons-
lards- covering wage rates, nondiscrimination, structure, or area; evidence of need for Federal: .; significant in our past; o-pr. '.-'-":
negotiations, design, and construction. The assistance; imminence of loss through anticipated ta m -,y ,. .... i. i.n-h.r.--tic o---
cant is responsible for the development and. --: -construction, use change, deterioration, or other : that emeody, the distincave chnaracterisics of
ration of all project plahs and specifications, -': factors; priority assigned by State or areawide historic - that represent or methe work of- con .ster, uctonor at
,liance with program- requirements- and comn-: preservation plans; and potential contribution to the thatrepresent the workv of ahma er, or heat.
.t supervision and-inspection. : -- community or area through uses planned for the a -oess high aristi blues, or tha represent a
: .- : -.. ... "^ .. .. ^. ^ '. - ^ - ~ .- ; .. ": ; ~-. p-operty - -* ,_ ._ '- signilcant .and d Lstinguisna.le en-ty nos -,
: - ': property. components may-lack individual distinction;or
The applicant must assure that all dis- d- -e - .- :-'.. -. .*- -- .- -- --
d individuals and families are offered good -. .d.thahave yielded ora may-be likely to yields
nation housing; that displaced businesses and Howto Apply information iniportant in prelustory orhhor.
profit organizations are assisted in relocating; and- .-.. - .
relocation payments are made to all eligible- -: '. ". : Criteria Considerations'. Ordinarily. cemeteries.
acces. Payments for relocation maybe funded by '- birthplaces, or graves of-historical figures, prop-.,
al HUD grants. -, : L application is made through the HUD -erties owned by religious institutions or used for
Properte s. . -. ^ --Regional Office serving the area in which the project re igious purposes, -structures that have- been-
Properties must be documented as beingof. "is to be- located. This office will supply forms and -'inmoved from their original locations, reconstructed
rical or architectural significance. Photos of the'-' instructions fo.application, and detailed background historic buildings, properties primarily commern-.
rty must be submitted with the application. It is on regulations. (See addresses of Regional Offices on '- orative in nature, and properties "that have4-
nmended, but not required, that the photo-.- 'pageO.) - achieved significance within the past 50 years shall -
is and documentation meet -the standard set b After an application has been approved, a '. not be considered eligible for the National Reg-
flistoric Anricn Bvildinry Sunver. (Copres of -: ~. formal Federal grant contract is issued to the corn- -- -- ..-- sisterr However, such properties will qualify if te,
... ; ^ -'' --. .. *", -' "' - -. .'. ,
-' ' , V 4- ^ "' r .,
criteria' or if they fal .within the'following
categories: -z a -
a. a religious property. deriving primary signif- "
icance from architectural or artistic distinction
:or historical importance.. -
b. a building or structure removed from its
original location but which is significant pri-
marily for architectural value, or which is the
: surviving structure most importantly associated
with a historic person or event.
'c. a birthplace or grave of a historical figure of --
outstanding importance if there is no appro -
priate site or building directly associated with .
his productive life. -
d f a atanr ,,,hSnlri h d c t rir i if --
.' *' --of thn Dtipvrtm-nt of
,' Housing and Urban Developmant
S '' ,26 Federal Plaza
?,e w York New York 10007
EQUAL OPPORTUNITY: Racial discrimination in' :
housing of any size or description is a violation of the .... .. -
Civil Rights Act of 1866. In addition, ihe Civil Rights
Act of 1968 contains.a Federal Fair Housing Law c:- -- -. :
(Title VIII) which establishes fair housing as the : -. Si.SixthandWainutStreets
policy of the United States. This law prohibits ... dil -- hi, ensyv ani 19106
discrimination on the basis oFrace, color, religion; .
and national origin. These general requirements of -
nondiscrimination apply to housing receiving assis-_ :: : ::
tance from the Department of Housing and Urban,. : .
Development, including the benefits of a mortgage-. -'
insured by the Federal Housing Administration. 645 .Petree-Seventh Building
-- Atlanta, Georgia 30323
In addition, Title VI of the Civil Rights Act of 1564 .- -: ".
and HUD regulations prohibit discrimination on the -
ground of race, color, or national origin in housing. --- .- -
and facilities provided with Federal financial -
icance from graves of persons of transcendent Contractors and subcontractors engaged in the con-: .-,.
importance, from age, from distinctive design struction of housing or facilities receiving Federal 1500 o -- : i Mhig Avenue-
S_ features, or from association with historic financial assistance, including FHA mortgage insur- Cho hionois 06o01
events. ance, are required not to discriminate arid to adopt an --
.affirmative action program to achieve equal employ
e. a reconstructed building when accurately exe- ment opportunity. -. -- .. -
cuted in a suitable environment and presented
- i n' cuted i a suitable environment andopresented -Pe -on s ."-.-i--. -of ... .... i ..-. .. ... o. ..... --.-*-.* .-.; ....... . . .. h
in a dignified manner as part of a restoration Persons complaining of discrimination in housing -" d Of -Bu d. '"
master plan, and when no other building or have a choice of remedies including filing a civil ... "" IO3AG- 19 Taylor St
structure with the same associations has: .. :.. action in Federal court (or in some cases State .' w" W:.wortTexa 76102-
survived. - courts), or complaining to- HUD. Anyone whobe -..
Sf. a property primarily commemorative in intent practicing discrimination in employment should file a
if design, age, tradition, or symiibolic value-has prompt complaint with HUD .- : .
invested it with its own historical significance.-: :-. .: - ;: -' --
S -- '- :" --- Applicants fo t assistance u Ider HUID progr tms will tbe 4-Go -en Gare A- B so" a3.3
g. a property achieving significance .within the-: notified at the earliest possible time-usually before. -- SnF.ansco Cahfornia 94102
past 50 years if it is of exceptional importance. filing formal application-of the relevant equal oppor- -. Ar. a offices:
S.-: -- -' tunity provisions -that apply to -the housing or '- .
S-- .. ., ..--- facilities involved in the application. At such time, .." l- ; : --
S -. . -. '-. .".* :any -questions regarding equal opportunity ''canb .. 226 Ac.ade Pz'z ,Bud !n
The Historic Preservation program is autho- answered specifically and in detail. - 1 second A,.on
rized under Title VII of the Housing Act of 1961-. -- afl w sw.cos and d :tai. --g- -l o
amended by provisions in the Demonstration Cities. ;: .- '-. --- ...
and Metropolitan Development Act of 1966. '" - .oom 1oi0.12 Nor St -
*- - - --- Los AOies, Caifornia 90012
"* .- -'- -- ".' -"- .-a...- a. 4 4. - ". --^ . E + . - :.- L OS A n -, f n 0
S. -. Pone inD L on Avenue d coliva Street
anJuoN Poeron ic. 00026
A program to p c.o t.istance for the acqui ition and restoration of
historic sites or structures for the benefit of the. public
Nature of Program
NM;atchis;!j gr..:nts are provided to cover up to 50 percent of the cost of
acquiring, rescoring, .arid improving sites, structures, or areas of historic or.
architectural signific.mce in uihan areas, in accord with comprehensive local
planning. Projects must-result -in a public-use or b. r,..fit. Applicants must.
assure maintenance and continued use of the property for historic preser-
vation purposes. -
Other assistance for historic preservation may also be piovi..kld:
U4baf Reneval (Title1 v ii
A federally -assisted urban renewal project 'can include relocation of
structures which will be restored and maintained for historic purposes, and'
restoration of historic properties.
Cor prahensive Planning Gr ants -
G r;rs c- ci rnh .i;;!it;s, nd counties.or their p jn ]
0. .' : t i in . .', r .-, ofstructures and sites-of historic
or orthitecturml value so as to provide information needed to found an-
effec!ive ptigran of iLc. preservation in the-locality. The grants can be
up to tvwo-thirds of tihe cost of the survey. -
Ra -cetion assistance and F.deral relocation payments must be provided
fa.r ind.,id-,lis, families, and .businesses displEced-by this -:,r.-,j,. More.
d-tailed information wili be found ur.'ni l;.: -.;iJ ig, ',,: .: ,ri," in this
Apptlicarnts maybe States or local public bodies- wth authority to- acquire, -
irmpr0oe, and restore historic property for preservation purposes, aid with
a-uthrity to contract with the Federal Government to receive funds for-
these purposes. .- _
.or ri '1-* :.I: HUD regional or area office sevirig:- thq areaJ -
SNature of Program
Grnts- are -made to assist localities in taking interim .actions to allcvto -
-harmful conditions .in slum .and blighted areas. Generaleylthese are rcas
---.for which -urban rene is planned in the near future but in.which s6me
immediatee public action is needed iLti permanent action can be taken_.
6-. - The grant may be up- to two-ti'ndsa -thee-fourths for cities, other nunici--
i t. ies, or counties with, a population of 50,000 or tess, according to the
S- -- most recent ecehial census) of the cost of -planning and carrying out
programs which may include: -reppir of streets;, sidewalks, -pirts pl-
g-rounds pubticly owned utilities and publiC Id r.jnis to meet -needs
-Cn:Ss. tentt ith- the shbort:ternrt continued:us -of the area; demolition of
S- -'-::res determined to be structurally unsound -or unfi fr human
habitation; establishment .of temporary -public playgrounds on vacant land
--or- cleared lots .withhinthe area; collection, on a. special basis of refuse
- g-arbage and' trash) and. bulky junk as part of an- area-wide- clean-up
-caiipaig .y street cleaning, arid similar -activities. Wherever feasible, HUD will
e:.:_ure the inpymlui'.:.t .of -otherwise -nemployed' or -underemployed--
resfldets of the arci in carrying nout -inte rm AsistanceGrant Progracm
: .--- ( -elocation .assistance and Federal relocation payments must be provided
-for individuals, families, and businesses displaced by this prograrn.'More
t" -- ailed information will be found under the heading, "Relocation," in this
-i.. cat t Eog. ij^ ty ..
Applicants may be c 'ies, other municipalities, counties; and Indian tribes,
..-- hands, groups, ahd nations, including Alaskan Indians, Aleuts, and Eskimos
of. the United -States that hTave a certified Workable Program for Conm-
-- Application is made to the HUD regional office serving the areas in which-
-. the iritrim activities are to be carried out. -
."-^ ^-:: -iMrL- iaiti oiSource 0ur.ce..-.- ^ : --" -; -
__Ci5u-rf - -H KtDregionaI or area office.-
IU )0 rrf .onal or area office.
f eg l ,. to;rity
Ti: V!, Ith. ", ; Act of r1%1 (Public L.aI. 87-70), as ;adc(!,d hy Duewonrtra.
- ........ .... io,:.tn D.:o3p 1nt Act of 10Q6 (Pubhlc Law 89-754)
/ f'rr rnmrr. Oit'/ C-nI' ii or nt.
Section 118, Housing Act of 1949 (Public Law 81-171), as added by
A Section 514. Housing and Urban Development Act o 8 (Public Law
90-448) ,nd as amended.
- Adrinistrting Office
Assistant Setm:'tary for Community Developiment.
A licnt Eli ibilit
counties plan and c,:.ry out prot:c.,ms to .il'. ,::;:.: ; '. :. in
ir.") areas here urban renewal is p!anedJ but in which some i..:.auate public
'-' ,. action is required
c. Department of Transportation
P.L. 91-453 Urban Mass Transportation: (84 Stat. 966)
October 15, 1970.
Sec. 14: Environmental Protection.
Within the Department of Transportation acts
Sec. 14 provides for the protection of "...important histor-
ical and cultural assets, in the planning, designing, and
construction of urban mass transportation projects for which
federal assistance is provided..."
Subsection (b) further provides for an "adequate opportunity...
for the presentation of views by all parties...and fair con-
sideration...given to the preservation and enhancement of
These sections are the only direct order to pre-
servation of buildings and environment indicated by D.O.T.
D.O.T. has been allowed free reign until recent
action as in Boston's Highway Extension to encroach upon
historic and cultural districts. With new legislation and
conformity to National Council requisites D.O.T. has sought
to 'toe the line.' Further activity in urban mass transpor-
tation will increase the interaction of historic districts
and modern means of transport.
Public Law 91-453
91st Congress, S. 3154
October 15, 1970
To provide long-term financing for expa epd urbag u portation
programs, and for/ther pur as.
Be it enacted by the Senat and House of Represe"I I's of the
United States of America in ress assembled, That congress Urban Mass Trans-
finds that the rapid urbanii A and, .e continue c'ersal of portation Assist-
population and activities wit ~i an -eas has im e ability anoe Act or 1970..
of all citizens to move quickly I reasonab s an urgent
national problem; that it is Sinp> a f -o, ,-' e, and con-
venient transportation compatible llol urban areas
is to be achieved, to continue and expam i ass Transporta-
tion Act of 1964; and that success will require a Federal commitment 78 Stat. 302.
for the expenditure of at least $10,000,000,000 over a twelve-year 49 USC 1601
period to permit confident and continuing local planning, and greater note.
flexibility in program administration. It is the purpose of this Act
to create a partnership which permits the local community, through
Federal financial assistance, to exercise the initiative necessary to
satisfy its urban mass transportation requirements.
SEC. 2. Section 3 of the Urban Mass Transportation Act of 1964, Federal financial
as amended (49 U.S.C. 1602), is amended- assistance.
(1) by redesignating subsection (c) as subsection (e) ; and 78 Stat. 303.
(2) by striking out subsections (a) and (b) and inserting in
lieu thereof subsections (a), (b), (c), and (d), as follows:
"(a) The Secretary is authorized, in accordance with the provisions Grants and loans.
of this Act and on such terms and conditions as he may prescribe, to
make grants or loans (directly, through the purchase of securities or
equipment trust certificates, or otherwise) to assist States and local
public bodies and agencies thereof in financing the acquisition, con-
struction, reconstruction, and improvement of facilities and equip-
ment for use, by operation or lease or otherwise, in mass transporta-
tion service in urban areas and in coordinating such service with
highway and other transportation in such areas. Eligible facilities and Eligible facil-
equipment may include land (but not public highways), buses and ities and equip-
other rolling stock, and other real and personal property needed for ment.
an efficient and coordinated mass transportation system. No grant or
loan shall be provided under this section unless the Secretary deter-
mines that the applicant has or will have- 84 STAT. 962
"(1) the legal, financial, and technical capacity to carry out 84 STAT. 963
the proposed project; and
"(2) satisfactory continuing control, through operation or lease
or otherwise, over the use of the facilities and equipment.
The Secretary may make loans for real property acquisition pursuant Real property
to subsection (b) upon a determination, which shall be in lieu of the acquisition,
preceding determinations, that the real property is reasonably expected condition.
to be required in connection with a mass transportation system and
that it will be used for that purpose within a reasonable period.
No grant or loan funds shall be used for payment of ordinary govern-
mental or nonprofit operating expenses. An applicant for assistance
under this section for a project located wholly or partly in a State in
which there is statewide comprehensive transportation planning shall
furnish a copy of its application to the Governor of each State affected
concurrently with submission to the Secretary. If, within thirty days
thereafter, the Governor submits comments to the Secretary, the Sec-
retary must consider the comments before taking final action on the
p* Law 91-453 2 October 15, 1970
,(b) The Secretary is authorized to make loans under this section
to St tes or local public bodies and agencies thereof to finance the
ac' ,Iisition of real property and interests in real property for use as
rig ts-of-wty, station Sites, and related purposes, on urban mass
transaor st systems, including the net cost of property manage-
78 Stat. 305 meant and relocation pa eints made pursuant to section 7. Each loan
789 s 1606. agreement und er this sul,.ction shal[ provide for actual construction
of u rban 160 11s traislportation facilities on acquired real property
within a period not exceeding ten years following the fiscal ear in
which the agremenont is made. Each agreement shall provide that
in the event acquired real property or interests in real property are
not to be used for the purposes for which acquired, an appraisal of
current value will be made at the time of that determination, which
shall not be later than ten years following the fiscal year in which the
agreement is made. Two-thirds of the increase in value, if any, over
the original cost of the real property shall be paid to the Secretary for
epewment. credit to miscellaneous receipts of the Treasury. Repayment of amounts
loaned shall be credited to miscellaneous receipts of the Treasury. A
loan made under this subsection shall be repayable within ten years
from the date of the loan agreement or on the date a grant agreement
for act inl construction of facilities on the acquired real property
is made, whichever date is earlier. A grant agreement for construction
of facilities under this Act may provide for forgiveness of the repay-
ment of the principal and accrued interest on the loan then outstand-
ing in lieu of a cash grant in the amount thus forgiven, which for all
84 STAT. 963 purposes shall be considered a part of the grant and of the Federal
84 STAT. 964 portion of the cost of the project. An applicant for assistance under
this subsection shall furnish a copy of its application to the compre-
hensive planning agency of the community affected concurrently with
submission to the Secretary. If within a period of thirty days there-
after (or, in a case where the comprehensive planning agency of the
community (during such thirty-day period) requests more time,
within such longer period as the Secretary may determine) the com-
prehensive planning agency of the community affected submits com-
ments to the Secretary, the Secretary must consider the comments
before taking final action on the application. ,
"(c) No loans shall be made under this section for any project for
which a grant is made under this section, except-
"(1) loans may be made for projects as to which grants are
made for relocation payments; and
"(2) project grants may be made even though the real property
involved in the project has been or will be acquired as a result
of a loan under subsection (b).
rest rates. Interest on loans made under this section shall be at a rate not less
than (i) a rate determined by the Secretary of the Treasury, taking
into consideration the current average market yield on outstanding
marketable obligations of the United States with remaining periods
to maturity comparable to the average maturities of such loans
adjusted to the nearest one-eighth of 1 per centum, plus (ii) an
allowance adequate in the judgment of the Secretary of Transporta-
tion to cover administrative costs and probable losses under the pro-
gram. No loans shall be made, including renewals or extensions thereof,
and no securities or obligations shall be purchased, which have
maturity dates in excess of forty years.
"(d) Any application for a grant or loan under this Act to finance
the acquisition, construction, reconstruction, or improvement of facili-
ties or equipment which will substantially affect a community or its
mass transportation service shall include a certification that the
October 15, 1970
- 3 -
Pub. Law 91-453
"(1) has afforded an adequate opportunity for public hearings Hearings.
pursuant to adequate prior notice, and has held such hearings
unless no one with a significant economic, social, or environmental
interest in the matter requests a hearing;
(2) has considered the economic and social effects of the project
and its impact on the environment; and
"(3) has found that the project is consistent with official plans
for the comprehensive development of the urban area.
Notice of any hearings under this subsection shall include a concise 84 STAT. 964
statement of the proposed project, and shall be published in a news- 8/ 4 STAT. 965
paper of general circulation in the geographic area to be served. If
earnings have been held, a copy of the transcript of the hearings shall
be submitted with the application."
SEC. 3 (a) Section 4(a) of the Urban Mass Transportation Act of Long-range
1964, as amended (49 U.S.C. 1603(a)), is amended- program.
(1) by striking out "section 3" in the first sentence and in- 78 Stat. 304;
serving in lieu thereof "subsection (a) of section 3"; and 82 Stat. 535.
(2) by striking out the next to the last sentence and inserting
in lieu thereof the following: "Such remainder may be pro-
vided in whole or in part from other than public sources and
any public or private transit system funds so provided shall
be solely from undistributed cash surpluses, replacement or
depreciation funds or reserves available in cash, or new capital."
(b) Section 4 of such Act, as amended (49 U.S.C. 1603), is amended Appropriation.
by adding at the end thereof the following new subsections:
"(c) 'Do finance grants and loans under sections 3,7(b), and 9 of this
Act, the Secretary is authorized to incur obligations on behalf of the Ante, p. 962;
United States in the form of grant agreements or otherwise in amounts 78 stat. 305;
aggregating not to exceed $3,100,000,000, less amounts appropriated 80 Stat. 715.
pursuant to section 12(d) of this Act and the amount appropriated to 49 usC 1602,
the Urban Mass Transportation Fund by Public Law 91-168. This 1606, 1607a.
amount (which shall be in addition to any amounts available to finance 83 state. 460.
such activities under subsection (b) of this section) shall become avail- 83 Stat. 392.
able for obligation upon the date of enactment of this subsection and 49 USC 1603.
shall remain available until obligated. There are authorized to be
appropriated for liquidation of the obligations incurred under this
subsection not to exceed $80,000,000 prior to July 1, 1971, which
amount may be increased to not to exceed an aggregate of $310,000,000
prior to July 1, 1972, not to exceed an aggregate of $710,000,000 prior to
July 1, 1973, not to exceed an aggregate of $1,260,000,000 prior to
July 1, 1974, not to exceed an aggregate of $1,860,000,000 prior to
July 1, 1975, and not to exceed an aggregate of $3,100,000,000 there-
after. The total amounts appropriated under this subsection and sec-
tion 12(d) of this Act shall not exceed the limitations in the foregoing
schedule. Sums so appropriated shall remain available until expended .
"(d) The Secretary shall report annually to the Congress with Report to
respect to outstanding grants or other contractual agreements executed Congress.
pursuant to subsection (c) of this section. To assure program conti- Authorization
nuity and orderly planning and project development, the Secretary, requests.
after consultation with State and local public agencies, shall submit to
the Congress (1) authorization requests for fiscal years 1976 and 1977
not later than February 1, 1972, (2) authorization requests for fiscal
years 1978 and 1979 not later than February 1, 1974, (8) authorization
requests for fiscal years 1980 and 1981 not later than February 1, 1976,
and (4) an authorization request for fiscal year 1982 not later than
February 1, 1978. Such authorization requests shall be designed to meet
the Federal commitment specified in the first section of the Urban Mass Ante, p. 962.
84 STAT. 966 Pu Law 91-453 4 October 15, 1970
recommendations Transportation Assistance Act of 1970. Concurrently with these
;o Congress. authorization requests, the Secretary shall also submit his recom-
mendations for any necessary adjustments -in the schedule for
liquidation of obligations."
SEC. 4. (a) Section 5 of the Urban Mass Transportation Act of
8 Stat. 304; 1964, as amended (49 U.S.C. 1604), is amended by striking out "1971"
3 Stat. 392. and inserting in lieu thereof "1972".
(b) Section 5 of such Act, as amended (49 U.S.C. 1604), is further
amended by striking out the next to the last sentence and inserting
in lieu thereof the following: "Such remainder may be provided in
whole or in part from other than public sources and any public or
private transit system funds so provided shall be solely from
undistributed cash surpluses, replacement or depreciation funds or
reserves available in cash, or new capital."
SEC. 5. Section 12(d) of the Urban Mass Transportation Act of
9 Stat. 507; 1964 (49 U.S.C. 1608(d)) is amended to read as follows: "(d) There
0 Stat. 715. are hereby authorized to be appropriated, without fiscal year limita-
tion out of any money in the Treasury not otherwise appropriated,
the funds necessary to carry out the functions under this Act.".
SEC. 6. Section 14 of the Urban Mass Transportation Act of 1964,
as amended (49 U.S.C. 1610), is amended to read as follows:
"SEC. 14. (a) It is hereby declared to be the national policy that
special effort shall be made to preserve the natural beauty of the
countryside, public park and recreation lands, wildlife and water-
fowl refuges, and important historical and cultural assets, in the
planning, designing, and construction of urban mass transportation
projects for which Federal assistance is provided pursuant to section
Lte, p. 962. 3 of this Act. In implementing this policy the Secretary shall cooperate
and consult with the Secretaries of Agriculture, Health, Education,
and Welfare, Housing and Urban Development, and Interior, and
with the Council on Environmental Quality with regard to each proj-
ect that may have a substantial impact on the environment.
arings, "(b) The Secretary shall review each transcript of hearing submitted
view. pursuant to section 3(d) to assure that an adequate opportunity was
afforded for the presentation of views by all parties with a significant
economic, social, or environmental interest, and that the project appli-
cation includes a detailed statement on-
"(1) the environmental impact of the proposed project,
"(2) any adverse environmental effects which cannot be avoided
should the proposal be implemented,
"(3) alternatives to the proposed project, and
"(4) any irreversible and irretrievable impact on the environ-
ment which may be involved in the proposed project should it
"(c) The Secretary shall not approve any application for assistance
under section 3 unless he finds in writing, after a full and complete
review of the application and of any hearings held before the State
or local public agency pursuant to section 3(d), that (1) adequate
opportunity was afforded for the presentation of views by all parties
with a significant economic, social, or environmental interest, and fair
consideration has been given to the preservation and enhancement of
the environment and to the interest of the community in which the
project is located, and (2) either no adverse environmental effect is
likely to result from such project, or there exists no feasible and pru-
dent alternative to such effect and all reasonable steps have been taken
84 STAT, 967
to minimize such effect. In any case in which a hearing has not been
held before the State or local agency pursuant to section 3(d), or in Ante p. 964.
which the Secretary determines that the record of hearings before the
State or local public agency is inadequate to permit him to make the
findings required under the preceding sentence, he shall conduct hear-
ings, after giving adequate notice to interested persons, on any
environmental issues raised by such application. Findings of the
Secretary under this subsection shall be made a matter of public
SEC. 7. Section 15 of the Urban Mass Transportation Act of 1964,
as amended (49 U.S.C. 1611), is amended to read as follows: 78 Stat. 308;
8o stat. 715
"SEC. 15. Grants made under section 3 (other than for relocation pay-
ments in accordance with section 7(b)) before July 1, 1970, for proj- 78 Stat. 305.
ects in any one State shall not exceed in the aggregate 121/2 per centum 49 USC 1606.
of the aggregate amount of grant funds authorized to be appropriated
pursuant to section 4(b); except that the Secretary may, without 83 Stat. 392.
regard to such limitation, enter into contracts for grants under section 49 usc 1603.
3 aggregating not to exceed $12,500,000 (subject to the total authoriza-
tion provided in section 4(b)) with local public bodies and agencies
in States where more than two-thirds of the maximum grants permitted
in the respective State under this section has been obligated. Grants
made under section 3 on or after July 1, 1970, for projects in any one
State may not exceed in the aggregate 121/2 per centum of the aggre-
gate amount of funds authorized to be obligated under section 4(c), Ante, p.965.
except that 15 per centum of the aggregate amount of grant funds
authorized to be obligated under section 4 (c) may be used by the Secre-
tary, without regard to this limitation, for grants in States where more
than two-thirds of the maximum amounts permitted under this section
has been obligated. In computing State limitations under this section,
grants for relocation payments shall be excluded. Any grant made
under section 3 to a local public body or agency in a major metropoli-
tan area which is used in whole or in part to provide or improve urban
mass transportation service, pursuant to an interstate compact ap-
proved by the Congress, in a neighboring State having within its boun-
daries population centers within normal commuting distance from
such major metropolitan areas, shall, for purposes of computing State
limitations under this section, be allocated on an equitable basis, in
accordance with regulations prescribed by the Secretary, between the
State in which such public body or agency is situated and such neigh-
SEC. 8. The Urban Mass Transportation Act of 1964 is further 78 Stat. 302;
amended by adding at the end thereof the following new section: 80 Stat. 715.
49 USC 1601
"PLANNING AND DESIGN OF MASS TRANSPORTATION FACILITIES TO MEET note.
SPECIAL NEEDS OF THE ELDERLY AND THE HANDICAPPED
"SEC. 16. (a) It is hereby declared to be the national policy that
elderly and handicapped persons have the same right as other persons
to utilize mass transportation facilities and services; that special
efforts shall be made in the planning and design of mass transportation
facilities and services so that the availability to elderly and handi-
capped persons of mass transportation which they can effectively
utilize will be assured; and that all Federal programs offering assist-
ance in the field of mass transportation (including the programs
under this Act) should contain provisions implementing this policy.
"(b) In addition to the grants and loans otherwise provided for
October 15, 1970
- 5 -
Pub. Law 0453
Pub. Law 91-453 6 October 15, 190
W under this Act, the Secretary is authorized to make grants or loans
for the specific purpose of assisting States and local public bodies and
agencies thereof in providing mass transportation services which are
planned, designed, and carried out so as to meet the special needs of
elderly and handicapped persons. Grants and loans made under the
preceding sentence shall be subject to all of the terms, conditions,
requirements, and provisions applicable to grants and loans made
Ante. p. 962. under section 3(a), and shall be considered for the purposes of all
other laws to have been made under such section. Of the total amount
of the obligations which the Secretary is authorized to incur on behalf
Ante, P. 965. of the United States under the first sentence of section 4(c), 11/2
per centum may be set aside and used exclusively to finance the
programs and activities authorized by this subsection (including
"(c) Of any amounts made available to finance research, develop-
78 Stat. 305; ment, and demonstration projects under section 6 after the date of the
82 Stat. 535. enactment of this section, 11/2 per centum may be set aside and used
49 USC 1605. exclusively to increase the information and technology which is avail-
able to provide improved transportation facilities and services planned
and designed to meet the special needs of elderly and handicapped
"Handioapped "(d) For purposes of this Act, the term 'handicapped person' means
person." any individual who, by reason of illness, injury, age, congenital mal-
function, or other permanent or temporary incapacity or disability, is
unable without special facilities or special planning or design to utilize
mass transportation facilities and services as effectively as persons who
are not so affected."
Study. SEC. 9. The Secretary of Transportation shall conduct a study of
the feasibility of providing Federal assistance to help defray the
operating costs of mass transportation companies in urban areas and
49 USC 1601 of any changes in the Urban Mass Transportation Act of 1964 which
note. would be necessary in order to provide such assistance, and shall
Report to report his findings and recommendations to the Congress within one
Congress. year after the date of the enactment of this Act.
SEC. 10. The Secretary of Transportation shall in all ways (includ-
ing the provision of technical assistance) encourage industries
adversely affected by reductions in Federal Government spending
on space, military, and other Federal projects to compete for the
contracts provided for under sections 3 and 6 of the Urban Mass Trans-
portation Act of 1964 (49 U.S.C. 1602 and 1605), as amended by this
SEC. 11. Nothing in this Act shall affect the authority of the Secre-
tary of Housing and Urban Development to make grants, under the
authority of sections 6 (a), 9, and 11 of the Urban Mass Transportation
80 Stat. 715. Act of 1964, as amended (49 U.S.C. 1605(a), 1607a, and 1607c), and
82 Stat. 1369. Reorganization Plan Numbered 2 of 1968, for projects or activities pri-
49 USC 1608 marily concerned with the relationship of urban transportation sys-
note. teams to the comprehensively planned development of urban areas,
or the role of transportation planning in overall urban planning, out
of funds appropriated to him for that purpose.
80 Stat. 463; SEC. 12. Section 5316 of title 5, United States Code. is amended by
83 Stat. 826, inserting the following after paragraph (129) :"(130) Deputy Admin-
863. istrator, Urban Mass Transportation Administration, Department of
October 15, 1970 7 Pub, Law 9 3 STAT 99
SEC. 13. (a) Section 4(b) of the Urban Mass Transportation Act of
1964 is amended by inserting the words "or contract after the word 78 Stat. 304;
"grant" in the last sentence thereof. 83 ta 49 392.
(b) Section 6(a) of the Urban Mass Transportation Act of 19 49 USC 1603.
is amended by inserting the words "grant or" between the word "by" 49 usC 1605.
and the word "contract" in the second sentence thereof.
SEC. 14. This Act may be cited as the "Urban Mass Transportation Short title.
Assistance Act of 1970".
Approved'October 15, 1970.
HOUSE REPORT No. 91-1264 aooompanying H. R. 18185 (Comm. on
Banking and Currenoy).
SENATE REPORT No. 91-633 (Comm. on Banking and Currenoy).
CONGRESSIONAL RECORD, Vol. 116 (1970)I
Feb. 2, 3, considered and passed Senate.
Sept. 29, considered and passed House, amended, in lieu
of.H. R. 18185.
Oot. 5, Senate concurred in House amendment.
d. National Environmental
P.L. 91-190 National Environmental Policy Act. (83 Stat.
852) January 1, 1970.
This enactment is included to indicate the lack
of consideration for the loss of cultural and historical
sites as it pertains to the continuity and preservation of
Sec. 102, (C) (iv) points out the relationship between short
term and long term effects of use of man's environment, but
it negates the relationship of use of existant materials to
production and use of dwindling resources.
The preservation movement must utilize N.E.P.A.
as leverage to enforce preservation of not only environment
but cultural resources. N.E.P.A. is directly related to
preservation as it pertains to environmental protection in
urban situations where densities and new construction effect
the man-made environment which encroaches upon the natural.
Further investigation and legislative action by
the 'Ralph Naders' of preservation must occur to affect
popularity and action.
'' publicc Law 91-190
4,i 1st Congress, S. 1075
W.. A January 1, 1970
fin lCt 83 STAT. 852
To establish a national policy for the environment, to provide for the establish-
ment of a Council on Environmental Quality, and for other purposes.
Be it enacted by the Senate and House o v ties of the
United States of America in Congress as 9 Z ct may National En-
be cited as the "National Environment y Ac6i vironmental
C Policy Act of
SEC. 2. The purposes of this Act delare a n1$ 1 ml icy
which will encourage productive an(e able harmonic itw l an
and his environment; to promote efl vlvhich will prevent rre ni-
nate damage to the environment a sphere and stin the
health and welfare of man; to enricli ~ derstandinf eco-
logical systems and natural resources in < tih .nd to
establish a Council on Environmental Q g T
DECLARATION OF NATIONAL ENVIRONMENTAL POLICY
SEC. 101. (a) The Congress, recognizing the profound impact of Policies and
man's activity on the interrelations of all components of the natural goals.
environment, particularly the profound influences of population
growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and maintain-
ing environmental quality to the overall welfare and development of
man, declares that it is the continuing policy of the Federal Govern-
ment, in cooperation with State and local governments, and other con-
cerned public and private organizations, to use all practicable means
and measures, including financial and technical assistance, in a man-
ner calculated to foster and promote the general welfare, to create and
maintain conditions under which man and nature can exist in
productive harmony, and fulfill the social, economic, and other
requirements of present and future generations of Americans.
(b) In order to carry out the policy set forth in this Act, it is the
continuing responsibility of the Federal Government to use all prac-
ticable means, consistent with other essential considerations of
national policy, to improve and coordinate Federal plans, functions,
programs, and resources to the end that the Nation may-
(1) fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and
aesthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environ-
ment without degradation, risk to health or safety, or other unde-
sirable and unintended consequences;
(4) preserve important historic, cultural, and natural aspects
of our national heritage, and maintain, wherever possible, an
environment which supports diversity and variety of individual
(5) achieve a balance between population and resource use
which will permit high standards of living and a wide sharing of
life's amenities; and
l.. .... k 1 I n
Copies of state-
81 Stat. 54.
January 1, 1970
- 3 -
Pub. Law 91- 19
83 STAT, 854,
_.L3 STAT. 85
aw /,-yuv 2 January 1, 1970
(6) enhance the quality of renewable resources and approach
the maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a health-
ful environment and that each person has a responsibility to contribute
to the preservation and enhancement of the environment.
SEC. 102. The Congress authorizes and directs that, to the fullest
extent possible: (1) the policies, regulations, and public laws of the
United States shall be interpreted and administered in accordance
with the policies set forth in this Act, and (2) all agencies of the Fed-
eral Government shall-
(A) utilize a systematic, interdisciplinary approach which will
.insure the inated use of the natural and social sciences and
:.the environmental design -arts in planning and in decisionmakin
wlich may have an impactton man's environment ;
(B) identify and develop methods and procedures, in con-
sultation with the Council on Environmental Quality established
by title II of this Act, whfch will insure that presently unquanti-
fled environmental amenities and values may be given appropriate
consideration in decisronmaking along with economic and tech-
(C) include in every recommendation or report on proposals
for legislation and other major Federal actions significantly af-
fecting the quality of the human environment, a detailed state-
ment by the responsible official on-
(i the environmental impact of the proposed action,
(1i) 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 uses of
man's environment and the maintenance and enhancement of
long-term productivity, and
(v) any irreversible and irretrievable commitments of re-
sources which would be involved in the proposed action
should it be implemented.
Prior to making any detailed statement, the responsible Federal
official shall consult with and obtain the comments of any Fed-
eral agency which has jurisdiction by law or special expertise with
respect to any environmental impact involved. Copies of such
l- statement and the comments and views of the appropriate Federal,
State, and local agencies, which are authorized to develop and en-
force environmental standards, shall be made available to the
President, the Council on Environmental Quality and to the pub-
lic as provided by section 552 of title 5. United States Code, and
shall accompany the proposal through the existing agency review
(D) study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves
unresolved conflicts concerning alternative uses of available re-
(E) recognize the worldwide and long-range character of en-
vironmental problems and, where consistent with the foreign
policy of the United States, lend appropriate support to initiatives,
resolutions, and programs designed to maximize international
cooperation in anticipating and preventing a decline in the quality
of mankind's world environment;
(F) make available to States, counties, municipalities, institu-
tions, and individuals, advice and information useful in restoring,
maintaining, and enhancing the quality of the environment;
(G) initiate and utilize ecological information in the planning
and development of resource-oriented projects, and
(H) assist the Council on Environmental quality established
by title II of this Act.
SEc. 103. All agencies of the Federal Government shall review Review.
their present statutory authority, administrative regulate ions, and cur-
rent policies and procedures for the purpose of determining whether
there are any deficiencies or inconsistencies therein which prohibit
full compliance with the purposes and provisions of thisAct and shall
propose to the President not later than July 1,1971, such measures as
may be necessary to bring their authority and policies into conform-
ity with the intent, purposes, and procedures set forth in this Act.
SEC. 104. Nothing in Section 102 or 103 shall in any way affect the
specific statutory obligations of any Federal agency (1) to comply
with criteria or standards of environmental quality, (2) to coordinate
or consult with any other Federal or State agency, or (3) to act, or
refrain from acting contingent upon the recommendations or certifi-
cation of any other Federal or State agency.
SEC. 105. The policies and goals set forth in this Act are supplemen-
tary to those set forth in existing authorizations of Federal agencies.
COUNCIL ON ENVIRONMENTAL QUALITY
SEc. 201. The President shall transmit to the Congress annually Report to
beginning July 1, 1970, an Environmental Quality Report (herein- congress.
after referred to as the "report") which shall set forth (1) the status
and condition of the major natural, manmade, or altered environ-
mental classes of the Nation, including, but not limited to, the air,
the aquatic, including marine, estuarine, and fresh water, and the
terrestrial environment, including, but not limited to, the forest, dry-
land, wetland, range, urban, suburban, and rural environment; (2)
current and foreseeable trends in the quality, management and utiliza-
tion of such environments and the effects of those trends on the social,
economic, and other requirements of the Nation; (3) the adequacy of
available natural resources for fulfilling human and economic require-
ments of the Nation in the light of expected population pressures; (4)
a review of the programs and activities (including regulatory ac-
tivities) of the Federal Government, the State and local governments,
and nongovernmental entities or individuals, with particular reference
to their effect on the environment and on the conservation, develop-
ment and utilization of natural resources; and (5) a program for
remedying the deficiencies of existing programs and activities, to-
gether with recommendations for legislation.
SEC. 202. There is created in the Executive Office of the President Council on
a Council on Environmental Quality (hereinafter referred to as the Environmental
"Council"). The Council shall be composed of three members who shall Quality.
be appointed by the President to serve at his pleasure, by and with
the advice and consent of the Senate. The President shall designate
one of the members of the Council to serve as Chairman. Each mem-
ber shall be a person who, as a result of his training, experience, and
attainments, is exceptionally well qualified to analyze and interpret
environmental trends and information of all kinds: to appraise pro-
grams and activities of the Federal Government in the light of the
policy set forth in title I of this Act; to be conscious of and responsive
to the scientific, economic, social, esthetic, and cultural needs and in-
terests of the Nation; and to formulate and recommend national
policies to promote the improvement of the quality of the environment.
- 4 -
Pub aw 91-190
83 STAT. 855 Oa
January 1, 1970
January 1, 1970
- 5 -
Pub. Law *90
83 STAT. 856
SEC. 203. The Council may employ such officers and employees as
may be necessary to carry out its functions under this Act. In addition,
the Council may employ and fix the compensation of such experts and
consultants as may be necessary for the carrying out of its functions
under this Act, in accordance with section 3109 of title 5, United States
Stat. 416. Code (but without regard to the last sentence thereof).
ties and SEC. 204. It shall be the duty and function of the Council-
notions. (1) to assist and advise the President in the preparation of the
Environmental Quality Report required by section 201;
(2) to gather timely and authoritative Information concerning
the conditions and trends in the quality of the environment both
current and prospective, to analyze and interpret such informa-
tion for the purpose of determining whether such conditions and
trends are interfering, or are likely to interfere, with the achieve-
ment of the policy set forth in title I of this Act, and to compile
and submit to the President studies relating to such conditions
(3) to review and appraise the various programs and activities
of the Federal Government in the light of the policy set forth in
title I of this Act for the purpose of determining the extent to
which such programs and activities are contributing to the
achievement of such policy, and to make recommendations to the
President with respect thereto;
(4) to develop and recommend to the President national poli-
cies to foster and promote the improvement of environmental
quality to meet the conservation, social, economic, health, and
other requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research, and
analyses relating to ecological systems and environmental quality;
(6) to document and define changes in the natural environment,
including the plant and animal systems, and to accumulate neces-
sary data and other information for a continuing analysis of these
changes or trends and an interpretation of their underlying
(7) to report at least once each year to the President on the
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legisla-
tion as the President may request.
SEC. 205. In exercising its powers, functions,, and duties under this
Act, the Council shall-
(1) consult with the Citizens' Advisory Committee on Environ-
mental Quality established by Executive Order numbered 11472,
F. R. 8693. dated May 29, 1969, and with such representatives of science,
industry, agriculture, labor, conservation organizations, State
and local governments and other groups, as it deems advisable;
(2) utilize, to the fullest extent possible, the services, facilities,
and information (including statistical information) of public and
private agencies and organizations, and individuals, in order that
duplication of effort and expense may be avoided, thus assuring
that the Council's activities will not unnecessarily overlap or con-
flict with similar activities authorized by law and performed by
SEC. 206. Members of the Council shall serve full time and the
Chairman of the Council shall be compensated at the rate provided
for Level II of the Executive Schedule Pay Rates (5 U.S.C. 5313).
The other members of the Council shall be compensated at the rate
provided for Level IV or the Executive Schedule Pay Rates (5
SEC. 207. There are authorized to be appropriated to carry out the
provisions of this Act not to exceed $300,000 for fiscal year 1970,
$700,000 for fiscal year 1971, and $1,000,000 for each fiscal year
Approved January 1, 1970.
80 Stat. 460,
81 Stat. 638.
HOUSE REPORTS: No. 91-378, 91-378, pt. 2,accompanying H. R. 12549
(Comm. on Merchant Marine & Fisheries) and 91-765
(Comm. of Conference).
SENATE REPORT No. 91-296 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD, Vol. 115 (1969):
July 10: Considered and passed Senate.
Sept.23: Considered and passed House, amended, in lieu of
H. R. 12549.
Oct. 8: Senate disagreed to House amendments agreed to
Dec. 201 Senate agreed to conference report.
Dec. 221 House agreed to conference report.
Federal Agencies and Funding
The following is a listing of federal agencies
which provide funding for historic preservation according
to the 1973 'update' of the Office of Management and Budget
It is hoped that those who desire grants-in-aid
funding for preservation would consult each agency for fur-
ther changes in requirements and obligations.
Department of Housing and Urban Development.
14.308 Housing Rehabilitation Grants
National Park Service
15.202 Public Land for Recreation, Public use and
15.903 Historic American Building Survey.
15.904 Historic Preservation.
15.909 Historic American Engineering Record.
15.910 National Registry of Historic Landmarks.
15.912 National Historic Landmark.
Department of Transportation
Urban Mass Transportation Administration
20.504 Urban Mass Transportation Research, Devel-
opment, and Demonstration Grants.
General Services Administration
39.006 National Histroical Publications Grants.
39.007 Sale of Federal Surplus Personal Property.
National Endowment on the Arts and the Humanities
National Endowment for the Arts.
45.001 Architecture and Environmental Arts.
Environmental Protection Agency
Office of Research and Development
66.500 Environmental Protection Comprehensive
Materials Useful in Research
Better Communities Act Highlights, 'Revenue Sharing under
Community Development', March 8, 1973.
Catalog of Federal and Domestic Assistance Programs, Execu-
tive Office of the President & Office of Management
and Budget, Washington, D.C., Update 1973.
Department of Housing and Urban Development, Federal Register
Regulation 36 F.R. 17496 506, September 1, 1971.
Department of Housing and Urban Development Grants for His-
toric Preservation: Information for Applicants.
Gilbert, F. B. [Ed.] The Law in Preservation Issues Wash-
ington, D.C.: National Trust for Historic Pre-
Gray, 0. S., "The Response of Federal Legislation to Historic
PreservationS, Law and Contemporary Problems,
Duke University School of Law Review, Vol. 36,
No. 3, 1971.
Lee, R. F. United States: Historical and Architectural
Monuments, D. F. Mexico, 1951.
Morrison, J. H. Historic Preservation Law, Washington, D.C.;"
National Trust for Historic Preservation, 1965.
Wolf, A. B. 'Conservation of Historic Buildings and Areas',
Proceedings of Section of Real Property, Probate
and Trust Law, Chicago: American Bar Association
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