
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3335]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 41--DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT PROGRAM
 
               SUBCHAPTER II--PLANNED AREAWIDE DEVELOPMENT
 
Sec. 3335. Grants to assist in planned areawide development


(a) Supplementary grants

    The Secretary is authorized to make supplementary grants to 
applicant State and local public bodies and agencies carrying out, or 
assisting in carrying out, areawide development projects meeting the 
requirements of this section.

(b) Criteria

    Grants may be made under this section only for areawide development 
projects in areas for which it has been demonstrated, to the 
satisfaction of the Secretary, that--
        (1) areawide comprehensive planning and programing provide an 
    adequate basis for evaluating (A) the location, financing, and 
    scheduling of individual public facility projects (including but not 
    limited to hospitals and libraries; sewer, water, and sewage 
    treatment facilities; highway, mass transit, airport, and other 
    transportation facilities; and recreation and other open-space 
    areas) whether or not federally assisted; and (B) other proposed 
    land development or uses, which projects or uses, because of their 
    size, density, type, or location, have public areawide or 
    interjurisdictional significance;
        (2) adequate areawide institutional or other arrangements exist 
    for coordinating, on the basis of such areawide comprehensive 
    planning and programing, local public policies and activities 
    affecting the development of the area; and
        (3) public facility projects and other land development or uses 
    which have a major impact on the development of the area are, in 
    fact, being carried out in accord with such areawide comprehensive 
    planning and programing.

(c) Grant to unit of general local government or other applicant

    (1) Where the applicant for a grant under this section is a unit of 
general local government, it must demonstrate to the satisfaction of the 
Secretary that, taking into consideration the scope of its authority and 
responsibilities, it is adequately assuring that public facility 
projects and other land development or uses of public areawide or 
interjurisdictional significance are being, and will be, carried out in 
accord with areawide planning and programing meeting the requirements of 
subsection (b) of this section. In making this determination the 
Secretary shall give special consideration to whether the applicant is 
effectively assisting in, and conforming to, areawide planning and 
programing through (A) the location and scheduling of public facility 
projects, whether or not federally assisted; and (B) where appropriate, 
the establishment and consistent administration of zoning codes, 
subdivision regulations, and similar land-use and density controls.
    (2) Where the applicant for a grant under this section is not a unit 
of general local government, both it and the unit of general local 
government having jurisdiction over the location of the project must 
meet the requirements of this subsection.

(d) Secretary's consideration of comments of State bodies

    In making the determinations required under this section, the 
Secretary shall obtain, and give full consideration to, the comments of 
the body or bodies (State or local) responsible for comprehensive 
planning and programing for the area.

(e) Restriction on grants to certain areawide development projects

    No grant shall be made under this section with respect to an 
areawide development project for which a Federal grant has been made, or 
a contract of assistance has been entered into, under the legislation 
referred to in paragraph (2) of section 3338 of this title, prior to 
February 21, 1966, or more than one year prior to the date on which the 
Secretary has made the determinations required under this section with 
respect to the applicant and to the area in which the project is 
located: Provided, That in the case of a project for which a contract of 
assistance under the legislation referred to in paragraph (2) of section 
3338 of this title has been entered into after June 30, 1967, no grant 
shall be made under this section unless an application for such grant 
has been made on or before the date of such contract.

(f) Racial balance or imbalance within school districts

    Nothing in this section shall authorize the Secretary to require (or 
condition the availability or amount of financial assistance authorized 
to be provided under this subchapter upon) the adoption by any community 
of a program to achieve a racial balance or to eliminate racial 
imbalance within school districts.

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


                               Amendments

    1968--Subsec. (a). Pub. L. 90-448, Sec. 602(d)(1), substituted 
``areawide development'' for ``metropolitan development''.
    Subsec. (b). Pub. L. 90-448, Sec. 602(d)(1)-(3), substituted 
``areawide development projects in areas'' for ``metropolitan 
development projects in metropolitan areas'', ``areawide comprehensive 
planning'' for ``metropolitanwide comprehensive planning'' in three 
places, ``public areawide'' for ``public metropolitanwide'', and 
``adequate areawide'' for ``adequate metropolitanwide''.
    Subsec. (c). Pub. L. 90-448, Sec. 602(d)(3)-(5), substituted 
``public areawide'' for ``public metropolitanwide'', and ``areawide 
planning'' for ``metropolitan planning'' in two places, and inserted 
``where appropriate,'' after ``(B)''.
    Subsec. (d). Pub. L. 90-448, Sec. 602(d)(2), substituted 
``programing for the area'' for ``programing for the metropolitan 
area''.
    Subsec. (e). Pub. L. 90-448, Sec. 602(d)(1), substituted ``areawide 
development project'' for ``metropolitan development project''.
    Subsec. (f). Pub. L. 90-448, Sec. 602(d)(6), struck out ``within the 
metropolitanwide area'' after ``school districts''.

                  Section Referred to in Other Sections

    This section is referred to in sections 3336, 3337, 3339 of this 
title.
