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HUD   >   Program Offices   >   Community Planning and Development   >   Community Development   >   Community Development Laws and Regulations   >   Title 42--The Public Health and Welfare Chapter 69--Community Development

Title 42--The Public Health and Welfare Chapter 69--Community Development

From the U.S. Code
[Laws in effect as of January 20, 1999]
[CITE: 42USC]

Sec. 5301. Congressional findings and declaration of purpose.

  1. Critical social, economic, and environmental problems facing Nation's urban communities.
  2. Establishment and maintenance of viable urban communities; systematic and sustained action by Federal, State, and local governments; expansion of and continuity in Federal assistance; increased private investment; streamlining programs and improvement of functioning of agencies; action to address consequences of scarce fuel supplies.
  3. Decent housing, suitable living environment, and economic opportunities for persons of low and moderate income; community development activities which may be supported by Federal assistance.
  4. Consolidation of complex and overlapping Federal assistance programs into consistent system of Federal aid. Legislative annotations for the section

5302. General provisions.

  1. Definitions.
  2. Basis and modificationof definitions.
  3. Designation of public agencies.
  4. Local governments, inclusionin urban county population.
  5. Exclusion of local governments from urban county population; notification of election.

5303 . Grants to States, units of general local government and Indian tribes; authorizations.

5304. Statement of activities and review.

  1. Statement of objectives and projected use of funds by grantee prerequisite to receipt of grant; publication of proposals by grantees; notice and comment; citizen participation plan.
  2. Certification of enumerated criteria by grantee to Secretary.
  3. Special certifications required for certain grants.
  4. Residential antidisplacement and relocation assistance plan; certification of adherence; contents.
  5. Submission of performance and evaluation report by grantee to Secretary; contents; availability for citizen comment; annual review and audit by Secretary of program implementation; adjustments in amount of annual grants.
  6. Audit of grantees by General Accounting Office; access to books, accounts, records, etc., by representatives of General Accounting Office.
  7. Environmental protection measures applicable for release of funds to applicants for projects; issuance of regulations by Secretary subsequent to consultation with Council on Environmental Quality; request and certification to Secretary for approval of release of funds; form, contents and effect of certification.
  8. Payments; revolving loan fund: establishment in private financial institution for rehabilitation activities; standards for payments: criteria.
  9. Metropolitan city as part of urban county.
  10. Retention of program income; condition of distribution.
  11. Provision of benefits to displaced persons.
  12. Protection of individuals engaging in nonviolent civil rights demonstrations.
  13. Community development plans.

5305. Activities eligible for assistance.

  1. Enumeration of eligible activities.
  2. Reimbursement of Secretary for administrative services connected with rehabilitation of properties.
  3. Activities benefiting persons of low and moderate income.
  4. Training program.
  5. Guidelines for evaluating and selecting economic development projects.
  6. Assistance to for-profit entities.
  7. Microenterprise and small business program requirements.
  8. Prohibition on use of assistance for employment relocation activities.

5306.Allocation and distribution of funds.

  1. Amounts allocated to Indian tribes, discretionary fund, and metropolitan cities and urban counties; limitations on amount of annual grants.
  2. Computation of amount allocated to metropolitan cities and urban counties.
  3. Reallocation of undistributed funds within same metropolitan area as original allocation; amount and calculation of reallocation grant; disaster relief.
  4. Allocation among States for nonentitlement areas; amount and calculation of grants; distributions by State or Secretary; certain distributions made pursuant to prior provisions; certifications required by Governor enumerated; responsibility for administration and administrative expenses; reallocation; certifications required of units of general local government in nonentitlement areas; applicability of this chapter and other law.
  5. Qualification or submission dates, and finality and conclusiveness of computations and determinations.
  6. Pro rata adjustment of entitlement amounts.

5307. Special purpose grants.

  1. Set-aside.
  2. Permissible uses of funds.
  3. Assistance to economically disadvantaged and minority students participating in community development work study programs.
  4. Continued availability of unused funds.
  5. Satisfactory assurances required, special assurances required of Indian tribes.
  6. Criteria for selection of recipients.

5308.Guarantee and commitment to guarantee loans for acquisition of property.

  1. Authority of Secretary; issuance of obligations by eligible public entities or designated public agencies; form, denomination, maturity, and conditions of notes or other obligations; percentage allocation requirements.
  2. Prerequisites.
  3. Payment of principal, interest and costs.
  4. Repayment contract; security; pledge by State.
  5. Pledged grants for repayments.
  6. Full faith and credit of United States pledged for payment; conclusiveness and validity of guarantee.
  7. Issuance of obligations by Secretary to Secretary of the Treasury to satisfy authorized guarantee obligations; establishment of maturities and rates of interest and purchase of obligations by Secretary of the Treasury.
  8. Federal taxation of guaranteed obligations; grants to borrowing entity or agency of taxable obligations for net interest costs, etc.; limitation on amount of grant; assistance to issuer in hardship cases.
  9. Omitted.
  10. Inclusion within gross income for purpose of chapter 1 of title 26 of interest paid on taxable obligations.
  11. Outstanding obligations; limitation; monitoring use of guarantees under this section.
  12. Purchase of guaranteed obligations by Federal Financing Bank.
  13. Limitation on imposition of fee or charge.
  14. State assistance in submission of applications.
  15. "Eligible public entity" defined.
  16. Training and information activities relating to home guarantee program.
  17. Economic development grants.
  18. Guarantee of obligations backed by loans.

5309.Nondiscrimination in programs and activities.

  1. Prohibited conduct.
  2. Compliance procedures available to Secretary.
  3. Civil action by Attorney General.
  4. Waiver of race discrimination prohibitions regarding assistance to Hawaiian Home Lands.
  • Legislative annotations for the section

5310.Labor standards; rate of wages; exceptions; enforcement powers.

 

5311.Remedies for noncompliance with community development requirements.

  1. Notice and hearing; termination, reduction, or limitation of payments by Secretary.
  2. Referral of matters to Attorney General; institution of civil action by Attorney General.
  3. Petition for review of action of Secretary in Court of Appeals; filing of record of proceedings in court by Secretary; affirmance, etc., of findings of Secretary; exclusiveness of jurisdiction of court; review by Supreme Court on writ of certiorari or certification.

5312.Use of grants for settlement of outstanding urban renewal loans of units of general local government.

  1. Limitation on amounts; prerequisites.
  2. Approval by Secretary of financial settlement of urban renewal project.

5313. Reporting requirements.

Legislative annotations for the section

5314. Consultation by Secretary with other Federal departments, etc.

5315. Interstate agreements or compacts; purposes.

5316 . Transition provisions.

  1. Prohibition  on new new grants or loans after January 1, 1975; exceptions.
  2. Final  date in fiscal year for submission of application for grant; establishment by Secretary.

5317. Liquidation of superseded or inactive programs.

5318. Urban development action grants.

  1. Authorization; purpose; amount
  2. Eligibility of cities and urban counties; criteria and standards; regulations
  3. Applications; documentation of eligibility; proposed plan; assurance of notice and comment; assurance of consideration on historical landmarks
  4. Mandatory selection criteria; award of points; distribution of funds; number of competitions per year; use of distress conditions data by urban counties
  5. Limitations on power of Secretary to approve grants; waiver
  6. Permissibility of consistent but unenumerated activities; report on use of repaid grant funds for economic development activities
  7. Annual review and audit; adjustments, withdrawals and reduction permitted
  8. Limitations on grants for industrial or commercial relocations or expansions; appeal of denial or cancellation of assistance; grants to adversely affected individuals
  9. Minimum percentage of funds to be allocated to certain noncentral cities; application by consortia of cities of less than 50,000 population
  10. Grant contingent on factors related to non-Federal funds
  11. Duty of Secretary to minimize amount
  12. Power of Secretary to waive requirement that town or township be closely settled
  13. Notice to State historic preservation officer and Secretary of the Interior required with regard to affected landmark property; opportunity for comment
  14. Territories, tribes, and certain Hawaiian counties included in term "city"
  15. Special provisions for years after 1983
  16. Unincorporated portions of urban counties
  17. Technical assistance grants
  18. Nondiscrimination by Secretary against type of activity or applicant
  19. Maximum grant amount for fiscal years 1988 and 1989
  20. UDAG retention program

5318a. John Heinz Neighborhood Development Program. (This section is not included) 5319. Community participation in programs. 5320. Historic preservation requirements.

  1. Regulations.
  2. Actions by State historic preservation officer and Secretary of the Interior.
  3. Regulations by Advisory Council on Historic Preservation providing for expeditious action.

5321. Suspension of requirements for disaster areas.

Chapter Referred to in Other Sections

This chapter is referred to in sections:

 - 1437ff, 1439, 1440, 3013, 3533, 3535, 5133, 9816, 11505 of this title;
 - title 12 sections 1464, 1701x, 1715z, 1715z-13, 1834a; and
 - title 40 App. section 214.
Laws and Regulations
Title 42, Chapter 69 Contents