
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3338]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 41--DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT PROGRAM
 
               SUBCHAPTER II--PLANNED AREAWIDE DEVELOPMENT
 
Sec. 3338. Definitions

    As used in this subchapter--
    (1) ``Areawide development'' means all projects or programs for the 
acquisition, use, and development of open-space land; and the planning 
and construction of hospitals, libraries, airports, water supply and 
distribution facilities, sewerage facilities and waste treatment works, 
transportation facilities, highways, water development and land 
conservation, and other public works facilities.
    (2) ``Areawide development project'' means a project assisted or to 
be assisted under section 702 of the Housing and Urban Development Act 
of 1965 [42 U.S.C. 3102]; section 606 of the Public Health Service Act 
[42 U.S.C. 291f]; section 8 \1\ of the Federal Water Pollution Control 
Act [33 U.S.C. 1158]; section 120(a) of title 23; section 12 \1\ of the 
Federal Airport Act; section 19 \1\ of the Airport and Airway 
Development Act of 1970; section 5309 of title 49; title VII of the 
Housing Act of 1961 [42 U.S.C. 1500 et seq.]; or section 5(e) of the 
Land and Water Conservation Fund Act of 1965 [16 U.S.C. 460l-8(e)]; or 
under section 101(a)(1) \1\ of the Public Works and Economic Development 
Act of 1965 (for a project of a type which the Secretary determines to 
be eligible for assistance under any of the other provisions listed 
above).
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    \1\ See References in Text note below.
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    (3) ``State'' means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, any territory or possession 
of the United States, or an agency or instrumentality of any of the 
foregoing.
    (4) ``Metropolitan area'' means a standard metropolitan statistical 
area as established by the Office of Management and Budget, subject 
however to such modifications and extensions as the Secretary may 
determine to be appropriate for the purposes of this subchapter.
    (5) ``Comprehensive planning'' includes the following, to the extent 
directly related to area needs or needs of a unit of general local 
government: (A) preparation, as a guide for long-range development, of 
general physical plans with respect to the pattern and intensity of land 
use and the provision of public facilities, including transportation 
facilities; (B) programing of capital improvements based on a 
determination of relative urgency; (C) long-range fiscal plans for 
implementing such plans and programs; and (D) proposed regulatory and 
administrative measures which aid in achieving coordination of all 
related plans of the departments or subdivisions of the governments 
concerned and intergovernmental coordination of related planned 
activities among the State and local governmental agencies concerned.
    (6) ``Hospital'' means any public health center or general, 
tuberculosis, mental, chronic disease, or other type of hospital and 
related facilities, such as laboratories, outpatient departments, 
nurses' home and training facilities, and central service facilities 
normally operated in connection with hospitals, but does not include any 
hospital furnishing primarily domiciliary care.
    (7) ``Areawide agency'' means an official State, metropolitan, 
regional, or district agency empowered under State or local laws or 
under an interstate compact or agreement to perform comprehensive 
planning in an area, an organization of the type referred to in section 
701(g) \1\ of the Housing Act of 1954 [40 U.S.C. 461(g)]; or such other 
agency or instrumentality as may be designated by the Governor (or, in 
the case of areas crossing State lines, any one or more of such agencies 
or instrumentalities as may be designated by the Governors of the States 
involved) to perform such planning.
    (8) ``Special purpose unit of local government'' means any special 
district, public-purpose corporation, or other limited-purpose political 
subdivision of a State, but shall not include a school district.
    (9) ``Unit of general local government'' means any city, county, 
town, parish, village, or other general-purpose political subdivision of 
a State.
    (10) ``Secretary'' means the Secretary of Housing and Urban 
Development.

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

                       References in Text

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

                          Codification

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


                               Amendments

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

                          Transfer of Functions

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

                  Section Referred to in Other Sections

    This section is referred to in sections 3335, 3336 of this title.
