
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(1)[217]]
[CITE: 42USC5302]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 69--COMMUNITY DEVELOPMENT
 
Sec. 5302. General provisions


(a) Definitions

    As used in this chapter--
        (1) The term ``unit of general local government'' means any 
    city, county, town, township, parish, village, or other general 
    purpose political subdivision of a State; Guam, the Northern Mariana 
    Islands, the Virgin Islands, and American Samoa, or a general 
    purpose political subdivision thereof; a combination of such 
    political subdivisions that, except as provided in section 
    5306(d)(4) of this title, is recognized by the Secretary; the 
    District of Columbia; and the Trust Territory of the Pacific 
    Islands. Such term also includes a State or a local public body or 
    agency (as defined in section 4512 \1\ of this title), community 
    association, or other entity, which is approved by the Secretary for 
    the purpose of providing public facilities or services to a new 
    community as part of a program meeting the eligibility standards of 
    section 4513 \1\ of this title or title IV of the Housing and Urban 
    Development Act of 1968 [42 U.S.C. 3901 et seq.].
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    \1\ See References in Text note below.
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        (2) The term ``State'' means any State of the United States, or 
    any instrumentality thereof approved by the Governor; and the 
    Commonwealth of Puerto Rico.
        (3) The term ``metropolitan area'' means a standard metropolitan 
    statistical area as established by the Office of Management and 
    Budget.
        (4) The term ``metropolitan city'' means (A) a city within a 
    metropolitan area which is the central city of such area, as defined 
    and used by the Office of Management and Budget, or (B) any other 
    city, within a metropolitan area, which has a population of fifty 
    thousand or more. Any city that was classified as a metropolitan 
    city for at least 2 years pursuant to the first sentence of this 
    paragraph shall remain classified as a metropolitan city. Any unit 
    of general local government that becomes eligible to be classified 
    as a metropolitan city, and was not classified as a metropolitan 
    city in the immediately preceding fiscal year, may, upon submission 
    of written notification to the Secretary, defer its classification 
    as a metropolitan city for all purposes under this chapter, if it 
    elects to have its population included in an urban county under 
    subsection (d) of this section. Notwithstanding the second sentence 
    of this paragraph, a city may elect not to retain its classification 
    as a metropolitan city. Any city classified as a metropolitan city 
    pursuant to this paragraph, and that no longer qualifies as a 
    metropolitan city in a fiscal year beginning after fiscal year 1989, 
    shall retain its classification as a metropolitan city for such 
    fiscal year and the succeeding fiscal year, except that in such 
    succeeding fiscal year (A) the amount of the grant to such city 
    shall be 50 percent of the amount calculated under section 5306(b) 
    of this title; and (B) the remaining 50 percent shall be added to 
    the amount allocated under section 5306(d) of this title to the 
    State in which the city is located and the city shall be eligible in 
    such succeeding fiscal year to receive a distribution from the State 
    allocation under section 5306(d) of this title as increased by this 
    sentence. Any unit of general local government that was classified 
    as a metropolitan city in any fiscal year, may, upon submission of 
    written notification to the Secretary, relinquish such 
    classification for all purposes under this chapter if it elects to 
    have its population included with the population of a county for 
    purposes of qualifying for assistance (for such following fiscal 
    year) under section 5306 of this title as an urban county under 
    paragraph (6)(D). Any metropolitan city that elects to relinquish 
    its classification under the preceding sentence and whose port 
    authority shipped at least 35,000,000 tons of cargo in 1988, of 
    which iron ore made up at least half, shall not receive, in any 
    fiscal year, a total amount of assistance under section 5306 of this 
    title from the urban county recipient that is less than the city 
    would have received if it had not relinquished the classification 
    under the preceding sentence.
        (5) The term ``city'' means (A) any unit of general local 
    government which is classified as a municipality by the United 
    States Bureau of the Census or (B) any other unit of general local 
    government which is a town or township and which, in the 
    determination of the Secretary, (i) possesses powers and performs 
    functions comparable to these associated with municipalities, (ii) 
    is closely settled, and (iii) contains within its boundaries no 
    incorporated places as defined by the United States Bureau of the 
    Census which have not entered into cooperation agreements with such 
    town or township to undertake or to assist in the undertaking of 
    essential community development and housing assistance activities.
        (6)(A) The term ``urban county'' means any county within a 
    metropolitan area which--
            (i) is authorized under State law to undertake essential 
        community development and housing assistance activities in its 
        unincorporated areas, if any, which are not units of general 
        local government; and
            (ii) either--
                (I) has a population of 200,000 or more (excluding the 
            population of metropolitan cities therein) and has a 
            combined population of 100,000 or more (excluding the 
            population of metropolitan cities therein) in such 
            unincorporated areas and in its included units of general 
            local government (and in the case of counties having a 
            combined population of less than 200,000, the areas and 
            units of general local government must include the areas and 
            units of general local government which in the aggregate 
            have the preponderance of the persons of low and moderate 
            income who reside in the county) (a) in which it has 
            authority to undertake essential community development and 
            housing assistance activities and which do not elect to have 
            their population excluded, or (b) with which it has entered 
            into cooperation agreements to undertake or to assist in the 
            undertaking of essential community development and housing 
            assistance activities; or
                (II) has a population in excess of 100,000, a population 
            density of at least 5,000 persons per square mile, and 
            contains within its boundaries no incorporated places as 
            defined by the United States Bureau of the Census.

        (B) Any county that was classified as an urban county for at 
    least 2 years pursuant to subparagraph (A), (C), or (D) shall remain 
    classified as an urban county, unless it fails to qualify as an 
    urban county pursuant to subparagraph (A) by reason of the election 
    of any unit of general local government included in such county to 
    have its population excluded under clause (ii)(I)(a) of subparagraph 
    (A) or not to renew a cooperation agreement under clause (ii)(I)(b) 
    of such subparagraph.
        (C) Notwithstanding the combined population amount set forth in 
    clause (ii) of subparagraph (A), a county shall also qualify as an 
    urban county for purposes of assistance under section 5306 of this 
    title if such county--
            (i) complies with all other requirements set forth in the 
        first sentence;
            (ii) has, according to the most recent available decennial 
        census data, a combined population between 190,000 and 199,999, 
        inclusive (excluding the population of metropolitan cities 
        therein) in all its unincorporated areas that are not units of 
        general local government and in all units of general local 
        government located within such county;
            (iii) had a population growth rate of not less than 15 
        percent during the most recent 10-year period measured by 
        applicable censuses; and
            (iv) has submitted data satisfactory to the Secretary that 
        it has a combined population of not less than 200,000 (excluding 
        the population of metropolitan cities therein) in all its 
        unincorporated areas that are not units of general local 
        government and in all units of general local government located 
        within such county.

        (D) Such term also includes a county that--
            (i) has a combined population in excess of 175,000, has more 
        than 50 percent of the housing units of the area unsewered, and 
        has an aquifer that was designated before March 1, 1987, a sole 
        source aquifer by the Environmental Protection Agency;
            (ii) has taken steps, which include at least one public 
        referendum, to consolidate substantial public services with an 
        adjoining metropolitan city, and in the opinion of the 
        Secretary, has consolidated these services with the city in an 
        effort that is expected to result in the unification of the two 
        governments within 6 years of February 5, 1988;
            (iii) had a population between 180,000 and 200,000 on 
        October 1, 1987, was eligible for assistance under section 5318 
        of this title in fiscal year 1986, and does not contain any 
        metropolitan cities;
            (iv) has entered into a local cooperation agreement with a 
        metropolitan city that received assistance under section 5306 of 
        this title because of such classification, and has elected under 
        paragraph (4) to have its population included with the 
        population of the county for purposes of qualifying as an urban 
        county; except that to qualify as an urban county under this 
        clause (I) the county must have a combined population of not 
        less than 195,000, (II) more than 15 percent of the residents of 
        the county shall be 60 years of age or older (according to the 
        most recent decennial census data), (III) not less than 20 
        percent of the total personal income in the county shall be from 
        pensions, social security, disability, and other transfer 
        programs, and (IV) not less than 40 percent of the land within 
        the county shall be publicly owned and not subject to property 
        tax levies;
            (v)(I) has a population of 175,000 or more (including the 
        population of metropolitan cities therein), (II) before January 
        1, 1975, was designated by the Secretary of Defense pursuant to 
        section 608 of the Military Construction Authorization Act, 1975 
        (Public Law 93-552; 88 Stat. 1763), as a Trident Defense Impact 
        Area, and (III) has located therein not less than 1 unit of 
        general local government that was classified as a metropolitan 
        city and (a) for which county each such unit of general local 
        government therein has relinquished its classification as a 
        metropolitan city under the 6th sentence of paragraph (4), or 
        (b) that has entered into cooperative agreements with each 
        metropolitan city therein to undertake or to assist in the 
        undertaking of essential community development and housing 
        assistance activities; or
            (vi) has entered into a local cooperation agreement with a 
        metropolitan city that received assistance under section 5306 of 
        this title because of such classification, and has elected under 
        paragraph (4) to have its population included with the 
        population of the county for the purposes of qualifying as an 
        urban county, except that to qualify as an urban county under 
        this clause, the county must--
                (I) have a combined population of not less than 210,000, 
            excluding any metropolitan city located in the county that 
            is not relinquishing its metropolitan city classification, 
            according to the 1990 decennial census of the Bureau of the 
            Census of the Department of Commerce;
                (II) including any metropolitan cities located in the 
            county, have had a decrease in population of 10,061 from 
            1992 to 1994, according to the estimates of the Bureau of 
            the Census of the Department of Commerce; and
                (III) have had a Federal naval installation that was 
            more than 100 years old closed by action of the Base Closure 
            and Realignment Commission appointed for 1993 under the Base 
            Closure and Realignment Act of 1990, directly resulting in a 
            loss of employment by more than 7,000 Federal Government 
            civilian employees and more than 15,000 active duty military 
            personnel, which naval installation was located within one 
            mile of an enterprise community designated by the Secretary 
            pursuant to section 1391 of title 26, which enterprise 
            community has a population of not less than 20,000, 
            according to the 1990 decennial census of the Bureau of the 
            Census of the Department of Commerce.

        (E) Any county classified as an urban county pursuant to 
    subparagraph (A), (B), or (C) of this paragraph, and that no longer 
    qualifies as an urban county under such subparagraph in a fiscal 
    year beginning after fiscal year 1989, shall retain its 
    classification as an urban county for such fiscal year and the 
    succeeding fiscal year, except that in such succeeding fiscal year 
    (i) the amount of the grant to such an urban county shall be 50 
    percent of the amount calculated under section 5306(b) of this 
    title; and (ii) the remaining 50 percent shall be added to the 
    amount allocated under section 5306(d) of this title to the State in 
    which the urban county is located and the urban county shall be 
    eligible in such succeeding fiscal year to receive a distribution 
    from the State allocation under section 5306(d) of this title as 
    increased by this sentence.
        (7) The term ``nonentitlement area'' means an area which is not 
    a metropolitan city or part of an urban county and does not include 
    Indian tribes.
        (8) The term ``population'' means total resident population 
    based on data compiled by the United States Bureau of the Census and 
    referable to the same point or period in time.
        (9) The term ``extent of poverty'' means the number of persons 
    whose incomes are below the poverty level. Poverty levels shall be 
    determined by the Secretary pursuant to criteria provided by the 
    Office of Management and Budget, taking into account and making 
    adjustments, if feasible and appropriate and in the sole discretion 
    of the Secretary, for regional or area variations in income and cost 
    of living, and shall be based on data referable to the same point or 
    period in time.
        (10) The term ``extent of housing overcrowding'' means the 
    number of housing units with 1.01 or more persons per room based on 
    data compiled by the United States Bureau of the Census and 
    referable to the same point or period in time.
        (11) The term ``age of housing'' means the number of existing 
    housing units constructed in 1939 or earlier based on data compiled 
    by the United States Bureau of the Census and referable to the same 
    point or period in time.
        (12) The term ``extent of growth lag'' means the number of 
    persons who would have been residents in a metropolitan city or 
    urban county, in excess of the current population of such 
    metropolitan city or urban county, if such metropolitan city or 
    urban county had had a population growth rate between 1960 and the 
    date of the most recent population count referable to the same point 
    or period in time equal to the population growth rate for such 
    period of all metropolitan cities. Where the boundaries for a 
    metropolitan city or urban county used for the 1980 census have 
    changed as a result of annexation, the current population used to 
    compute extent of growth lag shall be adjusted by multiplying the 
    current population by the ratio of the population based on the 1980 
    census within the boundaries used for the 1980 census to the 
    population based on the 1980 census within the current boundaries.
        (13) The term ``housing stock'' means the number of existing 
    housing units based on data compiled by the United States Bureau of 
    the Census and referable to the same point or period in time.
        (14) The term ``adjustment factor'' means the ratio between the 
    age of housing in the metropolitan city or urban county and the 
    predicted age of housing in such city or county.
        (15) The term ``predicted age of housing'' means the arithmetic 
    product of the housing stock in the metropolitan city or urban 
    county multiplied times the ratio between the age of housing in all 
    metropolitan areas and the housing stock in all metropolitan areas.
        (16) The term ``adjusted age of housing'' means the arithmetic 
    product of the age of housing in the metropolitan city or urban 
    county multiplied times the adjustment factor.
        (17) The term ``Indian tribe'' means any Indian tribe, band, 
    group, and nation, including Alaska Indians, Aleuts, and Eskimos, 
    and any Alaskan Native Village, of the United States, which is 
    considered an eligible recipient under the Indian Self-Determination 
    and Education Assistance Act (Public Law 93-638) [25 U.S.C. 450 et 
    seq.] or was considered an eligible recipient under chapter 67 of 
    title 31 prior to the repeal of such chapter.
        (18) The term ``Federal grant-in-aid program'' means a program 
    of Federal financial assistance other than loans and other than the 
    assistance provided by this chapter.
        (19) The term ``Secretary'' means the Secretary of Housing and 
    Urban Development.
        (20)(A) The terms ``persons of low and moderate income'' and 
    ``low- and moderate-income persons'' mean families and individuals 
    whose incomes do not exceed 80 percent of the median income of the 
    area involved, as determined by the Secretary with adjustments for 
    smaller and larger families. The term ``persons of low income'' 
    means families and individuals whose incomes do not exceed 50 
    percent of the median income of the area involved, as determined by 
    the Secretary with adjustments for smaller and larger families. The 
    term ``persons of moderate income'' means families and individuals 
    whose incomes exceed 50 percent, but do not exceed 80 percent, of 
    the median income of the area involved, as determined by the 
    Secretary with adjustments for smaller and larger families. For 
    purposes of such terms, the area involved shall be determined in the 
    same manner as such area is determined for purposes of assistance 
    under section 1437f of this title.
        (B) The Secretary may establish percentages of median income for 
    any area that are higher or lower than the percentages set forth in 
    subparagraph (A), if the Secretary finds such variations to be 
    necessary because of unusually high or low family incomes in such 
    area.
        (21) The term ``buildings for the general conduct of 
    government'' means city halls, county administrative buildings, 
    State capitol or office buildings, or other facilities in which the 
    legislative or general administrative affairs of the government are 
    conducted. Such term does not include such facilities as 
    neighborhood service centers or special purpose buildings located in 
    low- and moderate-income areas that house various nonlegislative 
    functions or services provided by government at decentralized 
    locations.
        (22) The term ``microenterprise'' means a commercial enterprise 
    that has 5 or fewer employees, 1 or more of whom owns the 
    enterprise.
        (23) The term ``small business'' means a business that meets the 
    criteria set forth in section 632(a) of title 15.

(b) Basis and modification of definitions

    Where appropriate, the definitions in subsection (a) of this section 
shall be based, with respect to any fiscal year, on the most recent data 
compiled by the United States Bureau of the Census and the latest 
published reports of the Office of Management and Budget available 
ninety days prior to the beginning of such fiscal year. The Secretary 
may by regulation change or otherwise modify the meaning of the terms 
defined in subsection (a) of this section in order to reflect any 
technical change or modification thereof made subsequent to such date by 
the United States Bureau of the Census or the Office of Management and 
Budget.

(c) Designation of public agencies

    One or more public agencies, including existing local public 
agencies, may be designated by the chief executive officer of a State or 
a unit of general local government to undertake activities assisted 
under this chapter.

(d) Local governments, inclusion in urban county population

    With respect to program years beginning with the program year for 
which grants are made available from amounts appropriated for fiscal 
year 1982 under section 5303 of this title, the population of any unit 
of general local government which is included in that of an urban county 
as provided in subparagraph (A)(ii) or (D) of subsection (a)(6) of this 
section shall be included in the population of such urban county for 
three program years beginning with the program year in which its 
population was first so included and shall not otherwise be eligible for 
a grant under section 5306 of this title as a separate entity, unless 
the urban county does not receive a grant for any year during such 
three-year period.

(e) Exclusion of local governments from urban county population; 
        notification of election

    Any county seeking qualification as an urban county, including any 
urban county seeking to continue such qualification, shall notify, as 
provided in this subsection, each unit of general local government, 
which is included therein and is eligible to elect to have its 
population excluded from that of an urban county under subsection 
(a)(6)(A)(ii)(I)(a) of this section, of its opportunity to make such an 
election. Such notification shall, at a time and in a manner prescribed 
by the Secretary, be provided so as to provide a reasonable period for 
response prior to the period for which such qualification is sought. The 
population of any unit of general local government which is provided 
such notification and which does not inform, at a time and in a manner 
prescribed by the Secretary, the county of its election to exclude its 
population from that of the county shall, if the county qualifies as an 
urban county, be included in the population of such urban county as 
provided in subsection (d) of this section.

(Pub. L. 93-383, title I, Sec. 102, Aug. 22, 1974, 88 Stat. 635; Pub. L. 
95-128, title I, Sec. 102, Oct. 12, 1977, 91 Stat. 1111; Pub. L. 96-153, 
title I, Sec. 103(f), Dec. 21, 1979, 93 Stat. 1102; Pub. L. 96-399, 
title I, Secs. 101(a), (b)(1), (c), 111(a), Oct. 8, 1980, 94 Stat. 1614, 
1620; Pub. L. 97-35, title III, Secs. 309(a)-(c), 310, Aug. 13, 1981, 95 
Stat. 396, 397; Pub. L. 97-289, Sec. 5, Oct. 6, 1982, 96 Stat. 1231; 
Pub. L. 98-181, title I, Sec. 102, Nov. 30, 1983, 97 Stat. 1159; Pub. L. 
98-479, title I, Sec. 101(a)(1)-(4), title II, Sec. 203(l)(1), Oct. 17, 
1984, 98 Stat. 2218, 2219, 2231; Pub. L. 99-120, Sec. 5(a), Oct. 8, 
1985, 99 Stat. 504; Pub. L. 99-156, Sec. 5(a), Nov. 15, 1985, 99 Stat. 
816; Pub. L. 99-219, Sec. 5(a), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 
99-267, Sec. 5(a), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99-272, title 
III, Sec. 3011(a), title XIV, Sec. 14001(b)(3), Apr. 7, 1986, 100 Stat. 
106, 328; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 
99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept. 30, 
1986, 100 Stat. 986; Pub. L. 100-77, title IV, Sec. 442, July 22, 1987, 
101 Stat. 509; Pub. L. 100-122, Sec. 1, Sept. 30, 1987, 101 Stat. 793; 
Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-170, Nov. 17, 
1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. 
L. 100-200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100-202, Sec. 101(f) 
[title I, Sec. 101], Dec. 22, 1987, 101 Stat. 1329-187, 1329-193; Pub. 
L. 100-242, title V, Sec. 503, Feb. 5, 1988, 101 Stat. 1923; Pub. L. 
100-628, title X, Secs. 1081, 1082(a), Nov. 7, 1988, 102 Stat. 3276, 
3277; Pub. L. 101-235, title VII, Sec. 702(a), Dec. 15, 1989, 103 Stat. 
2056; Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1370; Pub. L. 
101-625, title IX, Secs. 903(a)-(c)(2), 904(a), Nov. 28, 1990, 104 Stat. 
4385-4387; Pub. L. 102-550, title VIII, Secs. 802(a), 803, 807(c)(2), 
Oct. 28, 1992, 106 Stat. 3845, 3849; Pub. L. 104-204, title II, 
Sec. 216, Sept. 26, 1996, 110 Stat. 2904.)

                       References in Text

    Sections 4512 and 4513 of this title, referred to in subsec. (a)(1), 
were repealed by Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 
97 Stat. 1239.
    The Housing and Urban Development Act of 1968, referred to in 
subsec. (a)(1), is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as 
amended. Title IV of the Housing and Urban Development Act of 1968, 
which was classified principally to chapter 48 (Sec. 3901 et seq.) of 
this title, was repealed, with certain exceptions which were omitted 
from the Code, by Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 
97 Stat. 1239. For complete classification of this Act to the Code, see 
Short Title of 1968 Amendment note set out under section 1701 of Title 
12, Banks and Banking, and Tables.
    Section 608 of the Military Construction Authorization Act, 1975, 
referred to in subsec. (a)(6)(D)(v)(II), is not classified to the Code.
    The Base Closure and Realignment Act of 1990, referred to in subsec. 
(a)(6)(D)(vi)(III), probably means the Defense Base Closure and 
Realignment Act of 1990, which is part A of title XXIX of div. B of Pub. 
L. 101-510, Nov. 5, 1990, 104 Stat. 1808, as amended, and which is set 
out as a note under section 2687 of Title 10, Armed Forces. For complete 
classification of this Act to the Code, see Tables.
    The Indian Self-Determination and Education Assistance Act, referred 
to in subsec. (a)(17), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, 
as amended, which is classified principally to subchapter II (Sec. 450 
et seq.) of chapter 14 of Title 25, Indians. For complete classification 
of this Act to the Code, see Short Title note set out under section 450 
of Title 25 and Tables.
    Chapter 67 of title 31, referred to in subsec. (a)(17), was repealed 
by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7, 1986, 100 Stat. 
327.


                               Amendments

    1996--Subsec. (a)(6)(D)(vi). Pub. L. 104-204 added cl. (vi).
    1992--Subsec. (a)(1). Pub. L. 102-550, Sec. 802(a), substituted 
``that, except as provided in section 5306(d)(4) of this title, is 
recognized by the Secretary'' for ``recognized by the Secretary''.
    Subsec. (a)(6)(D)(v). Pub. L. 102-550, Sec. 803, added cl. (v).
    Subsec. (a)(22), (23). Pub. L. 102-550, Sec. 807(c)(2), added pars. 
(22) and (23).
    1990--Subsec. (a)(4). Pub. L. 101-625, Sec. 903(c)(1), inserted at 
end ``Any unit of general local government that was classified as a 
metropolitan city in any fiscal year, may, upon submission of written 
notification to the Secretary, relinquish such classification for all 
purposes under this chapter if it elects to have its population included 
with the population of a county for purposes of qualifying for 
assistance (for such following fiscal year) under section 5306 of this 
title as an urban county under paragraph (6)(D). Any metropolitan city 
that elects to relinquish its classification under the preceding 
sentence and whose port authority shipped at least 35,000,000 tons of 
cargo in 1988, of which iron ore made up at least half, shall not 
receive, in any fiscal year, a total amount of assistance under section 
5306 of this title from the urban county recipient that is less than the 
city would have received if it had not relinquished the classification 
under the preceding sentence.''
    Pub. L. 101-625, Sec. 903(a), substituted ``Any city that was 
classified as a metropolitan city for at least 2 years pursuant to the 
first sentence of this paragraph shall remain classified as a 
metropolitan city.'' for ``In order to permit an orderly transition of 
each city losing its classification as a metropolitan city by reason of 
a decrease in population or revisions in the designation of metropolitan 
areas or central cities, any city classified as or deemed by law to be a 
metropolitan city for purposes of assistance under any section of this 
chapter for fiscal year 1983 or any subsequent fiscal year shall retain 
such qualification for purposes of receiving such assistance through 
September 30, 1989.'', struck out ``for fiscal year 1988 or 1989'' 
before period at end of fourth sentence, and in last sentence struck out 
``the first or second sentence of'' before ``this paragraph'' and 
``under such first or second sentence'' after ``qualifies as a 
metropolitan city''.
    Subsec. (a)(6)(B). Pub. L. 101-625, Sec. 903(b), amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows: ``In order 
to permit an orderly transition of each county losing its classification 
as an urban county by reason of a decrease in population, any county 
classified as or deemed to be an urban county under this paragraph for 
purposes of receiving assistance under any section of this chapter for 
fiscal year 1983 or subsequent years shall retain such qualification for 
purposes of receiving such assistance through September 30, 1989, or for 
such longer period covered by a cooperation agreement entered into 
during fiscal year 1984, except that the provisions of this subparagraph 
shall not apply with respect to any county losing its classification as 
an urban county by reason of the election of any unit of general local 
government included in such county to have its population excluded under 
clause (ii)(I)(a) of subparagraph (A) or to not renew a cooperation 
agreement under clause (ii)(I)(b) of such subparagraph.''
    Subsec. (a)(6)(D)(iv). Pub. L. 101-625, Sec. 903(c)(2), added cl. 
(iv).
    Subsec. (a)(12). Pub. L. 101-507 and Pub. L. 101-625, Sec. 904(a), 
amended par. (12) identically, inserting at end ``Where the boundaries 
for a metropolitan city or urban county used for the 1980 census have 
changed as a result of annexation, the current population used to 
compute extent of growth lag shall be adjusted by multiplying the 
current population by the ratio of the population based on the 1980 
census within the boundaries used for the 1980 census to the population 
based on the 1980 census within the current boundaries.''
    1989--Subsec. (a)(7). Pub. L. 101-235 inserted before period at end 
``and does not include Indian tribes''.
    1988--Subsec. (a)(4). Pub. L. 100-628, Sec. 1081(a)(1), substituted 
``a decrease in population'' for ``the population data of the 1980 
decennial census'' and inserted ``or any subsequent fiscal year'' after 
``1983'' in second sentence.
    Pub. L. 100-628, Sec. 1081(a)(2), directed that subsec. (a)(4) of 
this section as similarly amended first by Pub. L. 100-202 [see 1987 
Amendment note below] and later by section 503(a)(2) of Pub. L. 100-242 
[see below] is amended to read as if the amendment by Pub. L. 100-242 
had not been enacted.
    Pub. L. 100-242, Sec. 503(a)(1), substituted ``September 30, 1989'' 
for ``March 15, 1988''.
    Pub. L. 100-242, Sec. 503(a)(2), made amendment identical to 
amendment by Pub. L. 100-202. See 1987 Amendment note below.
    Pub. L. 100-242, Sec. 503(a)(3), inserted at end ``Any city 
classified as a metropolitan city pursuant to the first or second 
sentence of this paragraph, and that no longer qualifies as a 
metropolitan city under such first or second sentence in a fiscal year 
beginning after fiscal year 1989, shall retain its classification as a 
metropolitan city for such fiscal year and the succeeding fiscal year, 
except that in such succeeding fiscal year (A) the amount of the grant 
to such city shall be 50 percent of the amount calculated under section 
5306(b) of this title; and (B) the remaining 50 percent shall be added 
to the amount allocated under section 5306(d) of this title to the State 
in which the city is located and the city shall be eligible in such 
succeeding fiscal year to receive a distribution from the State 
allocation under section 5306(d) of this title as increased by this 
sentence.''
    Subsec. (a)(6). Pub. L. 100-628, Sec. 1081(b), substituted a 
semicolon for last comma in cls. (i) and (ii)(I) of subpar. (A).
    Pub. L. 100-242, Sec. 503(b), amended par. (6) generally. Prior to 
amendment, par. (6) read as follows: ``The term `urban county' means any 
county within a metropolitan area which (A) is authorized under State 
law to undertake essential community development and housing assistance 
activities in its unincorporated areas, if any, which are not units of 
general local government, and either (B) has a combined population of 
two hundred thousand or more (excluding the population of metropolitan 
cities therein) in such unincorporated areas and in its included units 
of general local government (i) in which it has authority to undertake 
essential community development and housing assistance activities and 
which do not elect to have their population excluded or (ii) with which 
it has entered into cooperation agreements to undertake or to assist in 
the undertaking of essential community development and housing 
assistance activities or (C) has a population in excess of one hundred 
thousand, a population density of at least five thousand persons per 
square mile, and contains within its boundaries no incorporated places 
as defined by the United States Bureau of Census. In order to permit an 
orderly transition of each county losing its classification as an urban 
county by reason of a decrease in population, any county classified as 
or deemed to be an urban county under this paragraph for purposes of 
receiving assistance under any section of this chapter for fiscal year 
1983 or 1984 shall retain such qualification for purposes of receiving 
such assistance through March 15, 1988, or for such longer period 
covered by a cooperation agreement entered into during fiscal year 1984, 
except that the provisions of this sentence shall not apply with respect 
to any county losing its classification as an urban county by reason of 
the election of any unit of general local government included in such 
county to have its population excluded under clause (B)(i) of the first 
sentence or to not renew a cooperation agreement under clause (B)(ii) of 
such sentence. Notwithstanding the combined population amount set forth 
in clause (B) of the first sentence, a county shall also qualify as an 
urban county for purposes of assistance under section 5306 of this title 
if such county (A) complies with all other requirements set forth in the 
first sentence; (B) has, according to the most recent available 
decennial census data, a combined population between 190,000 and 
199,999, inclusive, (excluding the population of metropolitan cities 
therein) in all its unincorporated areas that are not units of general 
local government and in all units of general local government located 
within such county; (C) had a population growth rate of not less than 15 
percent during the most recent 10-year period measured by applicable 
censuses; and (D) has submitted data satisfactory to the Secretary that 
it has a combined population of not less than 200,000 (excluding the 
population of metropolitan cities therein) in all its unincorporated 
areas that are not units of general local government and in all units of 
general local government located within such county.''
    Subsec. (d). Pub. L. 100-628, Sec. 1082(a)(1), substituted 
``subparagraph (A)(ii) or (D) of subsection (a)(6)'' for ``subsection 
(a)(6)(B)''.
    Pub. L. 100-242, Sec. 503(c), struck out at end ``During any such 
three-year period, the population of any unit of general local 
government which is not included in that of the urban county for the 
first year shall not be eligible for such inclusion in the second or 
third year, except where the unit of general local government loses the 
designation of metropolitan city.''
    Subsec. (e). Pub. L. 100-628, Sec. 1082(a)(2), substituted 
``subsection (a)(6)(A)(ii)(I)(a)'' for ``subsection (a)(6)(B)(i)''.
    1987--Subsec. (a)(4). Pub. L. 100-202 inserted third sentence and 
struck out former third sentence which read as follows: ``Any unit of 
general local government that becomes eligible to be classified as a 
metropolitan city for fiscal year 1984 or 1985 may, upon submission of 
written notification to the Secretary, defer its classification as a 
metropolitan city for all purposes under this chapter for fiscal years 
1984, 1985, and 1986 if such unit of general local government elects to 
have its population included in an urban county under subsection (d) of 
this section.''
    Pub. L. 100-200 substituted ``March 15, 1988'' for ``December 16, 
1987''.
    Pub. L. 100-179 substituted ``December 16, 1987'' for ``December 2, 
1987''.
    Pub. L. 100-170 substituted ``December 2, 1987'' for ``November 15, 
1987''.
    Pub. L. 100-154 substituted ``November 15, 1987'' for ``October 31, 
1987''.
    Pub. L. 100-122 substituted ``October 31, 1987'' for ``September 30, 
1987''.
    Subsec. (a)(6). Pub. L. 100-200 substituted ``March 15, 1988'' for 
``December 16, 1987''.
    Pub. L. 100-179 substituted ``December 16, 1987'' for ``December 2, 
1987''.
    Pub. L. 100-170 substituted ``December 2, 1987'' for ``November 15, 
1987''.
    Pub. L. 100-154 substituted ``November 15, 1987'' for ``October 31, 
1987''.
    Pub. L. 100-122 substituted ``October 31, 1987'' for ``September 30, 
1987''.
    Pub. L. 100-77 inserted ``or 1984''.
    1986--Subsec. (a)(4), (6). Pub. L. 99-430 substituted ``September 
30, 1987'' for ``September 30, 1986''.
    Pub. L. 99-345 substituted ``September 30, 1986'' for ``June 6, 
1986''.
    Pub. L. 99-289 substituted ``June 6, 1986'' for ``April 30, 1986''.
    Pub. L. 99-272, Sec. 3011(a), directed amendment of pars. (4) and 
(6) identical to Pub. L. 99-216 substituting ``March 17, 1986'' for 
``December 15, 1985''.
    Pub. L. 99-267 substituted ``April 30, 1986'' for ``March 17, 
1986''.
    Subsec. (a)(17). Pub. L. 99-272, Sec. 14001(b)(3), substituted ``or 
was considered an eligible recipient under chapter 67 of title 31 prior 
to the repeal of such chapter'' for ``or under chapter 67 of title 31''.
    1985--Subsec. (a)(4). Pub. L. 99-219, Sec. 5(a)(1), substituted 
``March 17, 1986'' for ``December 15, 1985''.
    Pub. L. 99-156, Sec. 5(a)(1), substituted ``December 15, 1985'' for 
``November 14, 1985''.
    Pub. L. 99-120, Sec. 5(a)(1), substituted ``through November 14, 
1985'' for ``for fiscal years 1984 and 1985''.
    Subsec. (a)(6). Pub. L. 99-219, Sec. 5(a)(2), substituted ``March 
17, 1986'' for ``December 15, 1985''.
    Pub. L. 99-156, Sec. 5(a)(2), substituted ``December 15, 1985'' for 
``November 14, 1985''.
    Pub. L. 99-120, Sec. 5(a)(2), substituted ``through November 14, 
1985'' for ``for fiscal years 1984 and 1985''.
    1984--Subsec. (a)(4). Pub. L. 98-479, Sec. 101(a)(1), in last 
sentence, struck out ``while its population is included in an urban 
county for such fiscal year'' after ``fiscal year 1984 or 1985'', and 
substituted ``elects'' for ``continues'' and ``an'' for ``such'' before 
``urban county''.
    Subsec. (a)(6). Pub. L. 98-479, Sec. 101(a)(2), inserted ``, except 
that the provisions of this sentence shall not apply with respect to any 
county losing its classification as an urban county by reason of the 
election of any unit of general local government included in such county 
to have its population excluded under clause (B)(i) of the first 
sentence or to not renew a cooperation agreement under clause (B)(ii) of 
such sentence'' at end of second sentence, ``, (excluding the population 
of metropolitan cities therein) in all its unincorporated areas that are 
not units of general local government and in all units of general local 
government located within such county'' at end of cl. (B) in last 
sentence, and ``(excluding the population of metropolitan cities 
therein) in all its unincorporated areas that are not units of general 
local government and in all units of general local government located 
within such county'' at end of cl. (D) in last sentence.
    Subsec. (a)(17). Pub. L. 98-479, Sec. 203(l)(1), substituted 
``chapter 67 of title 31'' for ``the State and Local Fiscal Assistance 
Act of 1972 (Public Law 92-512)''.
    Subsec. (a)(20). Pub. L. 98-479, Sec. 101(a)(3), in amending par. 
(20) generally, designated existing provisions as subpar. (A) and 
substituted ``mean families and individuals whose incomes do not exceed 
80 percent of the median income of the area involved, as determined by 
the Secretary with adjustments for smaller and larger families'' for 
``have the meaning given the term `lower income families' in section 
1437a(b)(2) of this title'', substituted ``whose incomes do not exceed 
50 percent of the median income of the area involved, as determined by 
the Secretary with adjustments for smaller and larger families'' for 
``has the meaning given the term `very low-income families' in such 
section'', inserted ``The term `persons of moderate income' means 
families and individuals whose incomes exceed 50 percent, but do not 
exceed 80 percent, of the median income of the area involved, as 
determined by the Secretary with adjustments for smaller and larger 
families'', and added subpar. (B).
    Subsec. (a)(21). Pub. L. 98-479, Sec. 101(a)(4), substituted 
``capitol'' for ``capital'', and added a comma after ``or office 
buildings''.
    1983--Subsec. (a)(3). Pub. L. 98-181, Sec. 102(d), substituted 
``Office of Management and Budget'' for ``Department of Commerce''.
    Subsec. (a)(4). Pub. L. 98-181, Sec. 102(d), substituted ``Office of 
Management and Budget'' for ``Department of Commerce''.
    Pub. L. 98-181, Sec. 102(a), substituted provision authorizing 
retention of classification as metropolitan cities through fiscal year 
1985 of any cities classified as deemed to be such for purposes of 
assistance for fiscal year 1983 for provision that any city which had 
been classified as a metropolitan city under this paragraph because the 
population of such city exceeded fifty thousand would be so classified 
until the decennial census indicated that the population of such city 
was less than fifty thousand or until September 30, 1983, whichever was 
later, and inserted provision permitting any units of general local 
government which become eligible to be classified as metropolitan cities 
for fiscal years 1984 and 1985 while their population is included in an 
urban county for such fiscal year to defer such classification through 
fiscal year 1986 if such unit of general local government continues to 
have its population included in such urban county under subsec. (d) of 
this section.
    Subsec. (a)(6). Pub. L. 98-181, Sec. 102(b), substituted provision 
permitting retention of classification as urban counties through fiscal 
year 1985 of any counties classified or deemed to be such for purposes 
of assistance under this chapter for fiscal year 1983, and allowing a 
county to qualify as an urban county upon meeting certain conditions 
despite failing to meet the requirements of cl. (B) of the first 
sentence for provision that any urban county qualifying as such in 
fiscal year 1981 which did not meet the population requirements of cl. 
(B) of the first sentence would be considered to meet such requirements 
through Sept. 30, 1983, and would not be subject to subsec. (d) of this 
section through such date.
    Subsec. (a)(9). Pub. L. 98-181, Sec. 102(d), substituted ``Office of 
Management and Budget'' for ``Department of Commerce''.
    Subsec. (a)(20), (21). Pub. L. 98-181, Sec. 102(c), added pars. (20) 
and (21).
    Subsec. (b). Pub. L. 98-181, Sec. 102(d), substituted ``Office of 
Management and Budget'' for ``Department of Commerce'' in two places.
    Pub. L. 98-181, Sec. 102(e), struck out provisions that no data from 
the 1980 Decennial Census, except those relating to population and 
poverty, would be taken into account for purposes of sections 5306 and 
5318 of this title and that no revision to the criteria for establishing 
a metropolitan area or defining a central city of such an area published 
after January 1, 1983, would be taken into account for purposes of this 
chapter, except that any area or city which would newly qualify as a 
metropolitan area or central city of such an area by reason of such 
revision would be so qualified.
    Subsec. (d). Pub. L. 98-181, Sec. 102(f), inserted exception where 
the unit of general local government loses the designation of 
metropolitan city.
    1982--Subsec. (a)(4). Pub. L. 97-289, Sec. 5(1), (2), substituted 
``under this paragraph because the population of such city exceeded 
fifty thousand shall'' for ``under clause (B) of this paragraph shall 
continue to'', and substituted ``1983'' for ``1982''.
    Subsec. (a)(6). Pub. L. 97-289, Sec. 5(3)(A)-(C), substituted 
``before October 1, 1983,'' for ``for fiscal year 1982'' after 
``population of which'', ``through September 30, 1983,'' for ``for 
fiscal year 1982'' after ``requirements of such clause'', and ``through 
such date'' for ``that fiscal year''.
    1981--Subsec. (a). Pub. L. 97-35, Secs. 309(a), 310, in par. (4) 
inserted applicability of Sept. 30, 1982, date to provisions, in par. 
(6) inserted provisions relating to urban county qualifying in fiscal 
year 1981, added par. (7), struck out pars. (18) and (19), which defined 
``program period'' and ``Community Development Program'', respectively, 
and redesignated former pars. (7) to (17) and (20) as (8) to (18) and 
(19), respectively.
    Subsec. (c). Pub. L. 97-35, Sec. 309(b), substituted ``activities 
assisted under this chapter'' for ``a Community Development Program in 
whole or in part''.
    Subsec. (d). Pub. L. 97-35, Sec. 309(c), substituted provisions 
relating to nonreceipt of a grant, for provisions relating to 
disapproval or withdrawal of an application, and struck out ``(a)(1)'' 
after ``5303''.
    1980--Subsec. (a)(3), (4), (8). Pub. L. 96-399, Sec. 111(a), 
substituted ``Department of Commerce'' for ``Office of Management and 
Budget'' wherever appearing.
    Subsec. (b). Pub. L. 96-399, Secs. 101(a), 111(a), inserted 
provisions relating to prohibition of use, in fiscal years 1981 to 1983, 
of data from the 1980 Decennial Census, except those relating to 
population and poverty, for purposes of section 5318 and 5306, and 
prohibition on revision to criteria for establishment of a metropolitan 
area or definition of a central city, except for those newly qualifying, 
and substituted ``Department of Commerce'' for ``Office of Management 
and Budget'', wherever appearing.
    Subsec. (d). Pub. L. 96-399, Sec. 101(b)(1), substituted provisions 
relating to inclusion of the population of any unit of general local 
government in the population of such urban county for three program 
years, such unit to be ineligible for a grant under section 5306 as a 
separate entity, and prohibiting eligibility for second and third years 
if not included for the first year, for provisions relating to 
notification of units of general local government of their opportunity 
to exclude their populations from such urban county, and inclusion in 
such urban county unless exclusion is elected by notification.
    Subsec. (e). Pub. L. 96-399, Sec. 101(c), added subsec. (e).
    1979--Subsec. (a)(1). Pub. L. 96-153, inserted reference to Northern 
Mariana Islands in definition of unit of general local government.
    1977--Subsec. (a)(1). Pub. L. 95-128, Sec. 102(a)(1), excluded from 
term ``unit of general local government'' Indian tribes, bands, groups, 
and nations, including Alaska Indians, Aleuts, and Eskimos of the United 
States.
    Subsec. (a)(4). Pub. L. 95-128, Sec. 102(a)(2), clarified term 
``metropolitan city'' to continue the classification of any city 
classified as a metropolitan city under cl. (B) as such city until the 
decennial census indicates the population of such city is less than 
fifty thousand.
    Subsec. (a)(5). Pub. L. 95-128, Sec. 102(a)(3), limited the meaning 
of ``city'' to a town or township without any incorporated places within 
its boundaries which have entered into cooperation agreements with such 
town or township to undertake or to assist in the undertaking of 
essential community development and housing assistance activities.
    Subsec. (a)(6). Pub. L. 95-128, Sec. 102(a)(4), inserted ``either'' 
before ``(B)'' and added cl. (C).
    Subsec. (a)(10) to (20). Pub. L. 95-128, Sec. 102(a)(5), (6), added 
pars. (10) to (16) and redesignated former pars. (10) to (13) as (17) to 
(20).
    Subsec. (d). Pub. L. 95-128, Sec. 102(b), added subsec. (d).


                    Effective Date of 1990 Amendments

    Section 903(c)(3) of Pub. L. 101-625 provided that: ``The amendments 
made by this subsection [amending this section] shall apply with respect 
to assistance under title I of the Housing and Community Development Act 
of 1974 [this chapter] for fiscal year 1991 and any fiscal year 
thereafter.''
    Section 904(b) of Pub. L. 101-625 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to the first 
allocation of assistance under section 106 [section 5306 of this title] 
that is made after the date of the enactment of this Act [Nov. 28, 1990] 
and to each allocation thereafter.''
    Title II of Pub. L. 101-507, 104 Stat. 1370, provided in part that: 
``The amendment made by this paragraph [amending this section] shall 
apply to the first allocation of assistance under section 106 [section 
5306 of this title] that is made after the date of the enactment of this 
Act [Nov. 5, 1990] and to each allocation thereafter.''


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-235 applicable to amounts approved in any 
appropriation Act under section 5303 of this title for fiscal year 1990 
and each fiscal year thereafter, see section 702(e) of Pub. L. 101-235, 
as amended, set out as a note under section 5306 of this title.


                    Effective Date of 1986 Amendment

    Amendment by section 14001(b)(3) of Pub. L. 99-272 effective Oct. 
18, 1986, see section 14001(e) of Pub. L. 99-272.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-181 applicable only to funds available for 
fiscal year 1984 and thereafter, see section 110(b) of Pub. L. 98-181, 
as amended, set out as a note under section 5316 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 
of Pub. L. 97-35, set out as an Effective Date note under section 3701 
of Title 12, Banks and Banking.


                    Effective Date of 1980 Amendment

    Section 101(b)(2) of Pub. L. 96-399 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall take effect on 
October 1, 1981.''


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section 114 
of Pub. L. 95-128, set out as a note under section 5301 of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 1479, 5306, 5318, 5318a, 
11332, 11371, 11382, 11392, 11403g, 12704, 12899f, 12902 of this title; 
title 12 section 1834b.
