42 USC -- 11376. Administrative provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Regulations
Not later than 60 days after July 22, 1987, the Secretary shall by
notice establish such requirements as may be necessary to carry out the
provisions of this part. Such requirements shall be subject to section
553 of title 5. The Secretary shall issue requirements based on the
initial notice before the expiration of the 12-month period following
July 22, 1987. Prior to the issuance of such requirements in final
form, the requirements established by the Secretary implementing the
provisions of the emergency shelter grants program under the provisions
made effective by section 101(g) of Public Law 99-500 or Public Law
99-591 shall govern the emergency shelter grants program under this
part.
(b) Initial allocation of assistance
Not later than the expiration of the 60-day period following the date
of enactment of a law providing appropriations to carry out this part,
the Secretary shall notify each State, Indian tribe, metropolitan city,
and urban county that is to receive a direct grant of its allocation of
assistance under this part. Such assistance shall be allocated and may
be used notwithstanding any failure of the Secretary to issue
requirements under subsection (a) of this section.
(c) Minimum standards of habitability
The Secretary shall prescribe such minimum standards of habitability
as the Secretary determines to be appropriate to ensure that emergency
shelters assisted under this section are environments that provide
appropriate privacy, safety, and sanitary and other health-related
conditions for homeless persons and families. Grantees are authorized
to establish standards of habitability in addition to those prescribed
by the Secretary.
(Pub. L. 100-77, title IV, 416, July 22, 1987, 101 Stat. 498; Pub.
L. 101-625, title VIII, 832(f)(7), (g), Nov. 28, 1990, 104 Stat.
4361.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
The emergency shelter grants program under the provisions made
effective by section 101(g) of Public Law 99-500 or Public Law 99-591,
referred to in subsec. (a), means the emergency shelter grants program
authorized by title V of H.R. 5313 (Department of Housing and Urban
Development -- Independent Agencies Appropriations Act, 1987), as
incorporated by reference by section 101(g) of Pub. L. 99-500 and
99-591, and enacted into law by section 106 of Pub. L. 100-202, which
is set out as a note under section 11361 of this title.
Another section 11376, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
1990 -- Subsec. (b). Pub. L. 101-625, 832(f)(7), inserted ''Indian
tribe,'' after ''State,''.
Subsec. (c). Pub. L. 101-625, 832(g), added subsec. (c).
42 USC -- 11377. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this part
$125,000,000 for fiscal year 1991 and $138,000,000 for fiscal year 1992.
(Pub. L. 100-77, title IV, 417, July 22, 1987, 101 Stat. 498; Pub.
L. 100-628, title IV, 425, Nov. 7, 1988, 102 Stat. 3232; Pub. L.
101-625, title VIII, 832(a), Nov. 28, 1990, 104 Stat. 4359.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
1990 -- Pub. L. 101-625, which directed the general amendment of the
''first sentence'' of this section, was executed by making the
substitution for the only sentence of this section which read: ''There
are authorized to be appropriated to carry out this part $120,000,000
for fiscal year 1989 and $125,000,000 for fiscal year 1990.''
1988 -- Pub. L. 100-628 amended section generally. Prior to
amendment, section read as follows: ''In addition to other amounts
authorized by law, there are authorized to be appropriated for the
emergency shelter grants program $100,000,000 for fiscal year 1987 and
$120,000,000 for fiscal year 1988.''
42 USC -- 11378. Administrative costs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A recipient may use up to 5 percent of any annual grant received
under this part for administrative purposes. A recipient State shall
share the amount available for administrative purposes pursuant to the
preceding sentence with local governments funded by the State.
(Pub. L. 100-77, title IV, 418, as added Pub. L. 101-625, title
VIII, 832(b)(1), Nov. 28, 1990, 104 Stat. 4359.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- Part C -- Supportive Housing Demonstration Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11381. Establishment of demonstration program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary of Housing and Urban Development shall carry out a
program in accordance with the provisions of this part to develop
innovative approaches for providing supportive housing, especially to
deinstitutionalized homeless individuals, homeless families with
children, and homeless individuals with mental disabilities and other
handicapped homeless persons.
(b) Purposes
The demonstration program carried out under this part shall be
designed to determine --
(1) the cost of acquisition, rehabilitation, acquisition and
rehabilitation, or leasing of existing structures for the provision of
supportive housing;
(2) the cost of operating such housing and providing supportive
services to the residents of such housing;
(3) the social, financial, and other advantages of such housing as a
means of assisting homeless individuals; and
(4) the lessons that the provision of such housing might have for the
design and implementation of housing programs that serve homeless
individuals and families with special needs, particularly
deinstitutionalized homeless individuals, homeless families with
children, and homeless individuals with mental disabilities and other
handicapped homeless persons.
The Secretary shall administer the program under this part and award
assistance to applicants in a manner that clearly demonstrates that a
central purpose and major funding priority of the program is to provide
supportive housing for deinstitutionalized homeless individuals and
other homeless individuals with mental disabilities.
(Pub. L. 100-77, title IV, 421, July 22, 1987, 101 Stat. 498.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11381, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
Pub. L. 100-628, title IX, 903, Nov. 7, 1988, 102 Stat. 3258,
provided that:
''(a) In General. -- In order to enable States to provide housing for
homeless families who are recipients of aid to families with dependent
children under a State plan approved under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) in transitional facilities
instead of in commercial or similar transient facilities, at least 2 but
not more than 3 States may undertake and carry out demonstration
projects in accordance with this section. States may use public or
private nonprofit agencies in carrying out demonstration projects in
accordance with this section. Demonstration projects under this section
shall meet such conditions and requirements as the Secretary of Health
and Human Services (in this section referred to as the 'Secretary')
shall prescribe.
''(b) Duties of Secretary of Health and Human Services. -- The
Secretary shall --
''(1) consider all applications received from States desiring to
conduct demonstration projects under this section;
''(2) transmit to the Comptroller General for review under subsection
(e) a copy of each such application received;
''(3) approve at least 2 but not more than 3 applications involving
projects which appear likely to contribute significantly to the
achievement of the purpose of this section; and
''(4) make grants from funds appropriated to carry out this section
to each State whose application is so approved to carry out the project
that is the subject of the application.
''(c) Project Requirements. -- The Secretary shall not approve an
application received from a State for a demonstration project under this
section unless the State agency that administers the program of aid to
families with dependent children in the State under a State plan
approved under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) demonstrates that the project will --
''(1) provide housing in transitional facilities only to homeless
families who are recipients of aid to families with dependent children
under the State plan and who reside in commercial or similar transient
facilities;
''(2) permanently reduce the number of rooms used to house homeless
families who are recipients of such aid in commercial or similar
transient facilities by the number of units made available in
transitional facilities in accordance with paragraph (1); and
''(3) provide that the Federal share of the total amount of cash
assistance provided under the project to families residing in
transitional facilities plus the total amount of grants made to the
State under this section must be less than or equal to the Federal share
of the cost of housing such families in commercial or similar transient
facilities (including payments made to cover basic needs and services of
such families).
''(d) Use of Funds. -- Each State that receives funds under this
section shall use such funds to --
''(1) rehabilitate or construct transitional facilities which are
easily convertible to permanent housing when such facilities are no
longer needed as transitional facilities; and
''(2) provide on-site social services at such facilities.
''(e) GAO Review of Applications. -- Within 90 days after the
Comptroller General receives from the Secretary a copy of an application
submitted under this section, the Comptroller General shall review such
application and report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives on whether
the Federal share of the total amount of cash assistance to be provided
under the project which is the subject of the application to families
residing in transitional facilities plus the total amount of grants to
be made to the State under this section is less than or equal to the
Federal share of the cost of housing such families in commercial or
similar transient facilities (including payments made to cover basic
needs and services of such families).
''(f) Authorization of Appropriations. -- For grants under this
section, there is authorized to be appropriated to the Secretary for the
fiscal year 1990 not to exceed $20,000,000, which shall remain available
until expended.
''(g) Definitions. -- As used in section 902 (102 Stat. 3257) and
this section:
''(1) Homeless family. -- The term 'homeless family' means a
dependent child or children and the relatives with whom such child or
children are living, who --
''(A) lack a fixed and regular nighttime address;
''(B) have a primary residence that is a shelter designed for
temporary accommodation, a hotel, or a motel; or
''(C) are living in a place not designed for, or ordinarily used as,
a regular sleeping accommodation.
''(2) Commercial or similar transient facilities. -- The term
'commercial or similar transient facilities' means transient
accommodations in --
''(A) a commercial hotel or motel operated by a privately owned
for-profit entity; or
''(B) a similar establishment which is not a transitional facility
(whether or not directly operated or contracted for by the State or a
political subdivision or by a not-for-profit organization authorized by
the State or political subdivision to provide such accommodations).
''(3) Transitional facility. -- The term 'transitional facility'
means any facility operated by a State or local government or a
nonprofit organization which, at a minimum --
''(A) provides temporary and private sleeping accommodations, and
temporary eating and cooking accommodations; and
''(B) provides services to help families locate and retain permanent
housing.''
42 USC -- 11382. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) The term ''applicant'' means a State, Indian tribe, metropolitan
city, urban county, governmental entity, tribe, or private nonprofit
organization that is eligible to be a recipient under this part, except
that, in the case of permanent housing for handicapped homeless persons,
such term means the State in which the project is to be located.
(2) The term ''handicapped'' means an individual who is handicapped
within the meaning of section 1701q of title 12.
(3) The term ''handicapped homeless person'' means a handicapped
individual who is a homeless individual within the meaning of section
11302 of this title, is at risk of becoming a homeless individual, or is
a handicapped individual who has been a resident of transitional housing
carried out pursuant to the provisions made effective by section 101(g)
of Public Law 99-500 or Public Law 99-591.
(4) The term ''Indian tribe'' has the meaning given such term in
section 5302(a)(17) of this title.
(5) The term ''metropolitan city'' has the meaning given such term in
section 5302 of this title.
(6) The term ''operating costs'' means expenses incurred by a
recipient operating transitional housing under this part with respect to
--
(A) the administration, maintenance, repair, and security of such
housing;
(B) utilities, fuel, furnishings, and equipment for such housing;
(C) the conducting of the assessment required in section 11384(c)(2)
of this title; and
(D) the provision of supportive services to the residents of such
housing.
(7) The term ''private nonprofit organization'' means an organization
--
(A) no part of the net earnings of which inures to the benefit of any
member, founder, contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system, or has designated a fiscal agent
in accordance with requirements established by the Secretary; and
(D) that practices nondiscrimination in the provision of assistance.
(8) The term ''project'' means a structure or a portion of a
structure that is acquired or rehabilitated with assistance provided
under this part or with respect to which the Secretary provides
technical assistance or annual payments for operating costs under this
part.
(9) The term ''project sponsor'' means a private nonprofit
organization that operates a project for permanent housing for
handicapped homeless persons, and that is approved by a State as to
financial responsibility or a public housing agency.
(10) The term ''recipient'' means any governmental or nonprofit
entity that is approved by the Secretary as to financial responsibility.
(11) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(12) The term ''State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and any other territory or possession
of the United States.
(13) The term ''supportive housing'' means a project assisted under
this part that provides housing and supportive services for homeless
individuals. Such housing shall be safe and sanitary and when
appropriate meet all applicable State and local housing codes and
licensing requirements in the jurisdiction in which the housing is
located. All or part of the supportive services may be provided
directly by the recipient or by arrangements with other public or
private service providers. The term includes the following:
(A) Transitional housing, which means a project assisted under this
part that has as its purpose facilitating the movement of homeless
individuals to independent living within 24 months (or such longer
period as the Secretary determines is necessary to facilitate the
transition of homeless individuals to independent living). Transitional
housing includes housing primarily designed to serve deinstitutionalized
homeless individuals and other homeless individuals with mental
disabilities, and homeless families with children.
(B) Permanent housing for handicapped homeless persons, which means a
project assisted under this part that provides community-based long-term
housing and supportive services for not more than 8 handicapped homeless
persons (or 16 such persons, but only if not more than 20 percent of the
units in a project are designated for such persons) and that is carried
out by a project sponsor. The Secretary may waive the limitation
contained in the preceding sentence if the applicant demonstrates that
--
(i) local market conditions dictate the development of a larger
project; and
(ii) such development will achieve the neighborhood integration
objectives of the program within the context of the affected community.
Each project shall be either a home designed solely for housing
handicapped persons or dwelling units in a multifamily housing project,
condominium project, or cooperative project. Not more than 1 home may
be located on any 1 site and no such home may be located on a site
contiguous to another site containing such a home. All projects shall
be integrated into the neighborhoods in which they are located.
(14) The term ''supportive services'' means assistance designed by
the recipient that the Secretary determines (A) addresses the special
needs of persons, such as deinstitutionalized homeless individuals,
homeless families with children, and homeless individuals with mental
disabilities and other handicapped homeless persons, intended to be
served by a project; and (B) assists in accomplishing the purposes of
the different types of supportive housing made eligible under this part.
(15) The term ''urban county'' has the meaning given such term in
section 5302 of this title.
(Pub. L. 100-77, title IV, 422, July 22, 1987, 101 Stat. 499; Pub.
L. 100-242, title V, 570(i)(1), Feb. 5, 1988, 101 Stat. 1950; Pub. L.
100-628, title IV, 441(a), 442(a), (b)(1), 443, 444, Nov. 7, 1988, 102
Stat. 3232, 3233; Pub. L. 101-625, title VIII, 833(b), (k)(1), Nov.
28, 1990, 104 Stat. 4362, 4364.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
The transitional housing carried out pursuant to the provisions made
effective by section 101(g) of Public Law 99-500 or Public Law 99-591,
referred to in par. (3), probably means the transitional housing
demonstration program authorized by title V of H.R. 5313 (Department of
Housing and Urban Development -- Independent Agencies Appropriations
Act, 1987), as incorporated by reference by section 101(g) of Pub. L.
99-500 and 99-591, and enacted into law by section 106 of Pub. L.
100-202, which is set out as a note under section 11361 of this title.
Another section 11382, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
1990 -- Pub. L. 101-625, 833(k)(1), inserted ''Indian tribe,''
after ''State,'' in par. (1), added par. (4), and redesignated former
pars. (4) to (14) as (5) to (15), respectively.
Pub. L. 101-625, 833(b), inserted ''(or 16 such persons, but only if
not more than 20 percent of the units in a project are designated for
such persons)'' after second reference to ''handicapped homeless
persons'' in par. (12)(B).
1988 -- Par. (1). Pub. L. 100-242 inserted ''governmental entity,''
after ''urban county,''.
Par. (7). Pub. L. 100-628, 441(a), inserted before period at end
''or with respect to which the Secretary provides technical assistance
or annual payments for operating costs under this part''.
Par. (8). Pub. L. 100-628, 442(a), (b)(1), substituted ''approved by
a State as to financial responsibility or a public housing agency'' for
''approved by the Governor or other chief executive official of a State
as to financial responsibility''.
Par. (12)(A). Pub. L. 100-628, 443, substituted ''within 24 months
(or such longer period as the Secretary determines is necessary to
facilitate the transition of homeless individuals to independent
living)'' for ''within a reasonable amount of time, as determined by the
Secretary''.
Par. (12)(B). Pub. L. 100-628, 444, inserted after first sentence
''The Secretary may waive the limitation contained in the preceding
sentence if the applicant demonstrates that -- '' and cls. (i) and
(ii).
42 USC -- 11383. Types of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary may provide the following assistance to a project under
this part:
(1) A grant, in an amount not to exceed $200,000, of the aggregate
cost of acquisition, substantial rehabilitation, or acquisition and
rehabilitation of an existing structure for use in the provision of
supportive housing. The repayment of any outstanding debt owed on a
loan made to purchase an existing structure shall be considered to be a
cost of acquisition eligible for a grant under this paragraph if the
structure was not used as supportive housing prior to the receipt of
assistance.
(2) A grant, in an amount not to exceed $200,000, for moderate
rehabilitation of an existing structure for use in the provision of
supportive housing.
(3) A grant, in an amount not to exceed $400,000, for the new
construction of a structure for use in the provision of supportive
housing.
(4) Annual payments for operating costs of transitional housing
(without regard to whether the housing is an existing structure), not to
exceed 75 percent of the annual operating costs of such housing, and any
recipient may reapply for such assistance or for the renewal of such
assistance for use during the 10-year period under section
11384(a)(2)(D) of this title (unless such assistance is no longer
necessary, in the determination of the Secretary), and for operating
costs for permanent housing for handicapped homeless persons, not to
exceed 75 percent of the annual operating costs of such housing in any
year during the 10-year period under section 11384(a)(2)(D) of this
title, and any recipient may reapply for such assistance or for renewal
of such assistance for use during such period (unless such assistance is
no longer necessary, in the determination of the Secretary).
(5) Technical assistance in --
(A) establishing supportive housing in an existing structure;
(B) operating supportive housing (without regard to whether the
housing is an existing structure); and
(C) providing supportive services to the residents of supportive
housing (without regard to whether the housing is an existing
structure).
(6) /1/ A grant to establish and operate a child care services
program for homeless families as follows:
(A) A program under this paragraph shall include --
(i) establishing, licensing, and operating an on-site child care
facility for the residents of transitional housing; or
(ii) making contributions for the child care costs of residents of
transitional housing to existing community child care programs and
facilities; and
(iii) counseling designed to inform the residents of transitional
housing of public and private child care services for which they are
eligible.
(B) A grant under this paragraph for any child care services program
shall not exceed the amount equal to 75 percent of the cost of operating
the program for a period of up to 5 years.
(C) Child care services provided with respect to a child care
services program assisted under this paragraph shall meet any applicable
State and local laws and regulations.
(6) /1/ A grant for establishing and operating an employment
assistance program for the residents of transitional housing, which
shall include --
(A) employment of residents in the operation and maintenance of the
housing; and
(B) the payment of the transportation costs of residents to places of
employment.
A recipient may receive assistance under both paragraphs (1) and (2).
The Secretary may increase the limit contained in paragraphs (1), (2),
and (3) to $400,000 in areas which the Secretary finds have high
acquisition and rehabilitation costs.
(b) Repayment or conversion of advance
(1) Repayment
Subject to the foregoing, any advance provided under subsection
(a)(1) of this section shall be repaid on such terms as may be
prescribed by the Secretary when the project ceases to be used as
supportive housing in accordance with the provisions of this part.
Recipients and project sponsors shall be required to repay 100 percent
of the advance if the project is used as supportive housing for fewer
than 10 years following initial occupancy. If the project is used as
supportive housing for more than 10 years, the percentage of the amount
that shall be required to be repaid shall be reduced by 10 percentage
points for each year in excess of 10 that the property is used as
supportive housing. A project may continue to be treated as supportive
housing for purposes of this subsection if the Secretary determines that
such project is no longer needed for use as supportive housing and
approves the use of such project for the direct benefit of lower income
persons.
(2) Conversion
At such times as the Secretary may determine, and in accordance with
such terms and conditions, and accounting and other procedures, as the
Secretary may prescribe, the Secretary may convert an advance made under
subsection (a)(1) of this section to a grant.
(c) Prevention of undue benefits
Upon any sale or other disposition of a project acquired or
rehabilitated with assistance under this part prior to the close of 20
years after the project is placed in service, other than a sale or other
disposition resulting in the use of the project for the direct benefit
of lower income persons or where all of the proceeds are used to provide
supportive housing, the recipient shall comply with such terms and
conditions as the Secretary may prescribe to prevent the recipient from
unduly benefiting from the sale or other disposition of the project.
(d) Limited new construction authority
In addition to the purposes described in subsection (a)(1) of this
section, an advance under such subsection may be used for new
construction only if the Secretary finds that the project --
(1) involves the cooperation of a city and a State university;
(2) has the land donated by a State university;
(3) proposes a supportive housing structure of at least 10,000 square
feet; and
(4) proposes a model supportive housing project with a comprehensive
support system, including health services, job counseling, mental health
services, and housing assistance and advocacy.
(Pub. L. 100-77, title IV, 423, July 22, 1987, 101 Stat. 501; Pub.
L. 100-628, title IV, 441(b), (c), 445(a), 446-448(a), 449, Nov. 7,
1988, 102 Stat. 3233, 3234; Pub. L. 101-625, title VIII, 833(c)-(e),
(g), Nov. 28, 1990, 104 Stat. 4362, 4363.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
1990 -- Subsec. (a). Pub. L. 101-625, 833(e)(3), substituted
''paragraphs (1), (2), and (3)'' for ''paragraphs (1) and (2)'' in last
sentence.
Subsec. (a)(1). Pub. L. 101-625, 833(c)(1), substituted ''A grant''
for ''An advance'' and ''a grant'' for ''an advance''.
Subsec. (a)(3). Pub. L. 101-625, 833(e)(1), (2), added par. (3) and
redesignated former par. (3) as (4).
Pub. L. 101-625, 833(d), amended par. (3) generally. Prior to
amendment, par. (3) read as follows: ''Annual payments for operating
costs of transitional housing (without regard to whether the housing is
an existing structure), not to exceed 75 percent of the annual operating
costs of such housing, and for operating costs for permanent housing for
handicapped homeless persons, not to exceed 50 percent of the annual
operating costs of such housing for the first year of operation, and not
to exceed 25 percent of such costs for the second year of operation.''
Subsec. (a)(4). Pub. L. 101-625, 833(e)(1), redesignated par. (3)
as (4).
Subsec. (a)(5). Pub. L. 101-625, 833(e)(1), redesignated par. (4)
as (5).
Subsec. (a)(6). Pub. L. 101-625, 833(g), added (after par. (5)) par.
(6) relating to grants to establish child care services programs for
homeless families.
Pub. L. 101-625, 833(e)(1), redesignated par. (5), relating to
grants to establish and operate employment assistance programs for
residents of transitional housing, as (6).
Subsec. (b). Pub. L. 101-625, 833(c)(2), substituted ''Repayment or
conversion of advance'' for ''Repayment of advance'' in heading,
designated existing provisions as par. (1), inserted heading, and added
par. (2).
1988 -- Subsec. (a). Pub. L. 100-628, 447(2), 449(a), inserted at
end ''A recipient may receive assistance under both paragraphs (1) and
(2). The Secretary may increase the limit contained in paragraphs (1)
and (2) to $400,000 in areas which the Secretary finds have high
acquisition and rehabilitation costs.''
Subsec. (a)(1). Pub. L. 100-628, 445(a), inserted at end ''The
repayment of any outstanding debt owed on a loan made to purchase an
existing structure shall be considered to be a cost of acquisition
eligible for an advance under this paragraph if the structure was not
used as supportive housing prior to the receipt of assistance.''
Subsec. (a)(2). Pub. L. 100-628, 446, inserted '', in an amount not
to exceed $200,000,'' after ''A grant''.
Subsec. (a)(3). Pub. L. 100-628, 441(b), 447(1), inserted
''(without regard to whether the housing is an existing structure)''
after ''transitional housing'' and ''for operating costs for permanent
housing for handicapped homeless persons, not to exceed 50 percent of
the annual operating costs of such housing for the first year of
operation, and not to exceed 25 percent of such costs for the second
year of operation'' before period at end.
Subsec. (a)(4). Pub. L. 100-628, 441(c), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ''Technical
assistance in establishing and operating such housing and providing
supportive services to the residents of such housing.''
Subsec. (a)(5). Pub. L. 100-628, 448(a), added par. (5).
Subsec. (d). Pub. L. 100-628, 449(b), added subsec. (d).
Section 445(b) of Pub. L. 100-628 provided that: ''The amendment
made by subsection (a) (amending this section) applies to notifications
of awards for grants made under subtitle C of title IV of the Stewart B.
McKinney Homeless Assistance Act (this part) on or after November 1,
1987.''
/1/ So in original. Two pars. (6) have been enacted.
42 USC -- 11384. Program requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Applications
(1) Applications for assistance under this part shall be submitted by
an applicant in such form and in accordance with such procedures as the
Secretary shall establish.
(2) The Secretary shall require that applications contain at a
minimum --
(A) a description of the proposed project;
(B) a description of the size and characteristics of the population
that would occupy supportive housing;
(C) a description of the public and private resources that are
expected to be made available in compliance with section 11385 of this
title;
(D) assurances satisfactory to the Secretary that the project
assisted will be operated for not less than 10 years for the purpose
specified in the application, except that in the case of projects not
receiving an advance or grant under paragraph (1), (2), or (3) of
section 11383(a) of this title, assurances under this subparagraph shall
be made annually that the project will be operated for the purpose
specified in the application for such year;
(E) a certification from the public official responsible for
submitting a comprehensive plan for the jurisdiction to be served by the
proposed project (by the State or Indian tribe in the case of a project
for permanent housing for the handicapped homeless) that the proposed
project is consistent with the applicable comprehensive plan; and
(F) in the case of permanent housing for handicapped homeless persons
--
(i) a letter of participation from the State or Indian tribe assuring
that the State or Indian tribe will promptly transmit assistance to the
project sponsor and will facilitate the provision of necessary
supportive services to the residents of the project;
(ii) a designation of the State or Indian tribe agency, the primary
responsibility of which is the provision of services to handicapped
persons and that will assist the State or Indian tribe housing finance
agency in fulfilling the State or Indian tribe responsibilities under
this part; and
(iii) an assessment of how the proposed project would meet the needs
of handicapped homeless persons in the State or Indian tribe.
(3)(A) Except as provided in subparagraph (B), the Secretary shall
require that an application furnish reasonable assurances that the
applicant will own or have control of a site for the proposed project
not later than 6 months after notification of an award for grant
assistance. An applicant may obtain ownership or control of a suitable
site different from the site specified in the application. If an
applicant fails to obtain ownership or control of the site within 1 year
after notification of an award for grant assistance, the grant shall be
recaptured and reallocated.
(B) The Secretary may waive the requirement under subparagraph (A)
for any proposed project for which the Secretary determines such
requirement is inapplicable because, under the application, the families
and individuals served own or control, or will eventually own or
control, the site.
(b) Selection criteria
The Secretary shall establish selection criteria for a national
competition for assistance under this part, which shall include --
(1) the ability of the applicant or the project sponsor to develop
and operate supportive housing;
(2) the innovative quality of the proposal in providing supportive
housing;
(3) the need for such supportive housing in the area to be served;
(4) the extent to which the amount of assistance to be provided under
this part will be matched with more than an equal amount of funds from
other sources;
(5) the cost effectiveness of the proposed project;
(6) the extent to which the project would meet the needs of
handicapped homeless persons in the State or Indian tribe as described
pursuant to subsection (a)(2)(F)(iii) of this section; and
(7) such other factors as the Secretary determines to be appropriate
for purposes of carrying out the demonstration program established by
this part in an effective and efficient manner.
(c) Required agreements
The Secretary may not approve assistance for any project under this
part unless the applicant agrees or certifies that each project sponsor
has agreed --
(1) to operate the proposed project as supportive housing in
accordance with the provisions of this part;
(2) to conduct an ongoing assessment of the supportive services
required by the residents of the project;
(3) to provide such residential supervision as the Secretary
determines is necessary to facilitate the adequate provision of
supportive services to the residents of the project;
(4) to monitor and report to the Secretary on the progress of the
project;
(5) to comply with such other terms and conditions as the Secretary
may establish for purposes of carrying out the demonstration program
established in this part in an effective and efficient manner; and
(6) to develop and implement procedures to ensure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted under this
part and that the address or location of any family violence shelter
project assisted under this part will, except with written authorization
of the person or persons responsible for the operation of such shelter,
not be made public.
(d) Occupant rent
Each homeless individual residing in a facility assisted under this
part shall pay as rent an amount determined in accordance with the
provisions of section 1437a(a) of this title.
(e) Flood protection standards
Flood protection standards applicable to housing acquired,
rehabilitated, or assisted under this part shall be no more restrictive
than the standards applicable under Executive Order No. 11988 (May 24,
1977) to the other programs under this subchapter.
(f) Renewed funding for short-term lease projects
The Secretary may not provide assistance under paragraph (4), (5), or
(6) of section 11383(a) of this title to any project not receiving
assistance under paragraph (1), (2), or (3) of such section unless
assurances have been made under subsection (a)(2)(D) of this section
that the project will be operated for the purpose specified in the
application for the year for which such assistance is provided.
(Pub. L. 100-77, title IV, 424, July 22, 1987, 101 Stat. 501; Pub.
L. 100-628, title IV, 442(b)(2), 448(b), 450(a)(1), (b), 451, Nov. 7,
1988, 102 Stat. 3233-3235; Pub. L. 101-625, title VIII, 833(f),
(h)-(j), (k)(2), Nov. 28, 1990, 104 Stat. 4363-4365.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Executive Order No. 11988, referred to in subsec. (e), is set out
as a note under section 4321 of this title.
1990 -- Subsec. (a)(2)(D). Pub. L. 101-625, 833(j)(1), inserted
before semicolon at end '', except that in the case of projects not
receiving an advance or grant under paragraph (1), (2), or (3) of
section 11383(a) of this title, assurances under this subparagraph shall
be made annually that the project will be operated for the purpose
specified in the application for such year''.
Subsec. (a)(2)(E), (F). Pub. L. 101-625, 833(k)(2), inserted ''or
Indian tribe'' after ''State'' wherever appearing.
Subsec. (a)(3). Pub. L. 101-625, 833(f), designated existing
provisions as subpar. (A), substituted ''Except as provided in
subparagraph (B), the Secretary'' for ''The Secretary'', and added
subpar. (B).
Subsec. (b)(6). Pub. L. 101-625, 833(k)(2), inserted ''or Indian
tribe'' after ''State''.
Subsec. (b)(7) to (9). Pub. L. 101-625, 833(h), redesignated par.
(9) as (7) and struck out former pars. (7) and (8) which read as
follows:
''(7) in the case of transitional housing, the extent to which the
project contains an employment assistance program which meets the
program criteria described in section 11383(a)(5) of this title;
''(8) the extent to which the applicant or project sponsor has
control of the site of the proposed project; and''.
Subsec. (c)(6). Pub. L. 101-625, 833(i), added par. (6).
Subsec. (f). Pub. L. 101-625, 833(j)(2), added subsec. (f).
1988 -- Subsec. (a)(2)(F)(i). Pub. L. 100-628, 442(b)(2),
substituted ''the State'' for ''the Governor or other chief executive
official of the State''.
Subsec. (a)(3). Pub. L. 100-628, 450(a)(1), added par. (3).
Subsec. (b)(7). Pub. L. 100-628, 448(b), added par. (7). Former
par. (7) redesignated (8).
Subsec. (b)(8). Pub. L. 100-628, 450(b), added par. (8) and
redesignated former par. (8) as (9).
Pub. L. 100-628, 448(b), redesignated former par. (7) as (8).
Subsec. (b)(9). Pub. L. 100-628, 450(b)(2), redesignated former par.
(8) as (9).
Subsec. (e). Pub. L. 100-628, 451, added subsec. (e).
Section 450(a)(2) of Pub. L. 100-628 provided that: ''The amendment
made by paragraph (1) (amending this section) applies to notifications
of awards for grants made under subtitle C of title IV of the Stewart B.
McKinney Homeless Assistance Act (this part) on or after November 1,
1987.''
42 USC -- 11385. Matching funds requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Each recipient shall be required to supplement the amount of
assistance provided under paragraphs (1) and (2) of section 11383(a) of
this title with an equal amount of funds from non-Federal sources. Each
State or Indian tribe submitting an application for permanent housing
for handicapped homeless persons shall certify that it will supplement
the amount of assistance provided under paragraphs (1) and (2) of
section 11383(a) of this title with an equal amount of funds from
non-Federal sources.
(b) Non-Federal funds
For the purpose of this section, the term ''funds from non-Federal
sources'' includes State, tribal, or local agency funds, any salary paid
to staff to carry out the program of the recipient, any salary paid to
residents of transitional housing under an employment assistance program
described in section 11383(a)(5) /1/ of this title, the value of the
time and services contributed by volunteers to carry out the program of
the recipient at a rate determined by the Secretary, and the value of
any donated material or building and the value of any lease on a
building.
(Pub. L. 100-77, title IV, 425, July 22, 1987, 101 Stat. 503; Pub.
L. 100-628, title IV, 452, Nov. 7, 1988, 102 Stat. 3235; Pub. L.
101-625, title VIII, 833(k)(3), Nov. 28, 1990, 104 Stat. 4365.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Section 11383(a)(5) of this title, referred to in subsec. (b), was
redesignated section 11383(a)(6) of this title by Pub. L. 101-625,
title VIII, 833(e)(1), Nov. 28, 1990, 104 Stat. 4363.
1990 -- Subsec. (a). Pub. L. 101-625, 833(k)(3)(A), inserted ''or
Indian tribe'' after ''State''.
Subsec. (b). Pub. L. 101-625, 833(k)(3)(B), substituted ''State,
tribal, or local'' for ''State or local''.
1988 -- Subsec. (a). Pub. L. 100-628 substituted ''In general'' for
''Transitional housing'' in heading, and amended text generally. Prior
to amendment, text read as follows: ''Each recipient shall be required
to supplement the amount of assistance provided under paragraphs (1) and
(2) of section 11383(a) of this title with an equal amount of funds from
sources other than this part. In calculating the amount of supplemental
funds provided by a recipient under this subsection, a recipient may
include the value of any donated material or building and the value of
any lease on a building.''
Subsec. (b). Pub. L. 100-628 substituted ''Non-Federal funds'' for
''Permanent housing for handicapped homeless persons'' in heading and
amended text generally. Prior to amendment, text read as follows:
''(1) Each State submitting an application for assistance for
permanent housing for handicapped homeless persons shall certify that it
will supplement the assistance provided under this part with at least an
equal amount of State or local government funds --
''(A) that are to be used solely for acquisition or rehabilitation;
and
''(B) not more than 50 percent of which may be local government
funds.
''(2) The Secretary may waive all or part of the requirement
established in paragraph (1) if the State demonstrates to the
satisfaction of the Secretary that --
''(A) the State is experiencing a severe financial hardship that
makes it unable to provide an equal amount of funds; and
''(B) the local governments of the areas to be served by the project
will contribute funds from other non-Federal sources in an aggregate
amount equal to the amount of such contribution waived for the State
under this paragraph.''
/1/ See References in Text note below.
42 USC -- 11386. Guidelines
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Regulations
Not later than 90 days following July 22, 1987, the Secretary shall
by notice establish such requirements as may be necessary to carry out
the provisions of this part. Until final regulations are issued under
this part, the regulations established by the Secretary implementing the
provisions made effective by section 101(g) of Public Law 99-500 or
Public Law 99-591 shall govern the transitional housing provisions of
this part.
(b) Limitation on use of funds
No assistance received under this part (or any State or local
government funds used to supplement such assistance) may be used to
replace other public funds previously used, or designated for use, to
assist handicapped persons, homeless individuals, or handicapped
homeless persons.
(c) Limitation on administrative expenses
No recipient may use more than 5 percent of an advance or grant
received under this part for administrative purposes.
(Pub. L. 100-77, title IV, 426, July 22, 1987, 101 Stat. 503.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
The provisions made effective by section 101(g) of Public Law 99-500
or Public Law 99-591, referred to in subsec. (a), probably means the
transitional housing demonstration program authorized by title V of H.R.
5313 (Department of Housing and Urban Development -- Independent
Agencies Appropriations Act, 1987), as incorporated by reference by
section 101(g) of Pub. L. 99-500 and 99-591, and enacted into law by
section 106 of Pub. L. 100-202, which is set out as a note under
section 11361 of this title.
42 USC -- 11387. Reports to Congress
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall submit annually to the Congress a report
summarizing the activities carried out under this part and setting forth
the findings, conclusions, and recommendations of the Secretary as a
result of the activities. The report shall be submitted not later than
3 months after the end of each fiscal year (6 months in the case of
fiscal year 1988).
(Pub. L. 100-77, title IV, 427, July 22, 1987, 101 Stat. 504; Pub.
L. 100-628, title IV, 453, Nov. 7, 1988, 102 Stat. 3236.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
1988 -- Pub. L. 100-628 amended section generally. Prior to
amendment, section read as follows: ''The Secretary shall submit to the
Congress --
''(1) not later than 3 months after the end of fiscal year 1987, an
interim report summarizing the activities carried out under this part
during such fiscal year and setting forth any preliminary findings or
conclusions of the Secretary as a result of such activities; and
''(2) not later than 6 months after the end of fiscal year 1988, a
final report summarizing all activities carried out under this part and
setting forth any findings, conclusions, or recommendations of the
Secretary as a result of such activities.''
42 USC -- 11388. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization of appropriations
There are authorized to be appropriated to carry out this part
$125,000,000 for fiscal year 1991 and $150,000,000 for fiscal year 1992.
(b) Set aside
Of the funds provided under this part for any fiscal year --
(1) not less than $20,000,000 shall be allocated to transitional
housing projects that serve homeless families with children; and
(2) not less than $15,000,000 shall be allocated to projects that
provide permanent housing for handicapped homeless persons.
(c) Funding considerations
The Secretary shall provide additional consideration to projects
designed especially to meet the needs of deinstitutionalized homeless
individuals and other homeless individuals with mental disabilities, so
that such projects will receive a significant share of the funds
provided under this part.
(d) Reallocations
If, following the receipt of applications for the final funding round
under this part for any fiscal year, any amount set aside for assistance
pursuant to subsection (b)(1), (b)(2), or (c) of this section will not
be required to fund the approvable applications submitted for such
assistance, the Secretary shall reallocate such amount for other
assistance pursuant to this part.
(Pub. L. 100-77, title IV, 428, July 22, 1987, 101 Stat. 504; Pub.
L. 100-628, title IV, 454, 455, Nov. 7, 1988, 102 Stat. 3236; Pub. L.
101-625, title VIII, 833(a), Nov. 28, 1990, 104 Stat. 4362.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
1990 -- Subsec. (a). Pub. L. 101-625 substituted ''Authorization of
appropriations'' for ''In general'' in heading, and amended text
generally. Prior to amendment, text read as follows: ''There are
authorized to be appropriated to carry out this part $100,000,000 for
fiscal year 1989 and $105,000,000 for fiscal year 1990.''
1988 -- Subsec. (a). Pub. L. 100-628, 454, amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''In
addition to other amounts authorized by law, there are authorized to be
appropriated to carry out this part $80,000,000 for fiscal year 1987 and
$100,000,000 for fiscal year 1988.''
Subsec. (d). Pub. L. 100-628, 455, added subsec. (d).
42 USC -- Part D -- Supplemental Assistance for Facilities To Assist
Homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11391. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) The term ''applicant'' means a State, metropolitan city, urban
county, governmental entity, tribe, or private nonprofit organization
that is eligible to be a recipient under this part.
(2) The term ''assistance'' means non-interest bearing advances to
assist the acquisition, lease, renovation, substantial rehabilitation,
or conversion of facilities to assist the homeless, grants for moderate
rehabilitation, and grants for other purposes.
(3) The term ''metropolitan city'' has the meaning given such term in
section 5302 of this title.
(4) The term ''outpatient health services'' means outpatient health
care, outpatient mental health services, outpatient substance abuse
services, and case management services.
(5) The term ''private nonprofit organization'' means an organization
--
(A) no part of the net earnings of which inures to the benefit of any
member, founder, contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system, or has designated a fiscal agent
in accordance with requirements established by the Secretary; and
(D) that practices nondiscrimination in the provision of assistance.
(6) The term ''recipient'' means any governmental or nonprofit entity
that is approved by the Secretary as to financial responsibility.
(7) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(8) The term ''State'' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and any other territory or possession of the United
States.
(9) The term ''supportive services'' means food, child care,
assistance in obtaining permanent housing, outpatient health services,
employment counseling, nutritional counseling, security arrangements
necessary for the protection of residents of facilities to assist the
homeless, and such other services essential for maintaining independent
living as the Secretary determines to be appropriate. Such term
includes the provision of assistance to homeless individuals in
obtaining other Federal, State, and local assistance available for such
individuals, including mental health benefits, employment counseling,
and medical assistance. Such term does not include major medical
equipment.
(10) The term ''urban county'' has the meaning given such term in
section 5302 of this title.
(Pub. L. 100-77, title IV, 431, July 22, 1987, 101 Stat. 504; Pub.
L. 100-242, title V, 570(i)(2), Feb. 5, 1988, 101 Stat. 1950.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11391, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
1988 -- Par. (1). Pub. L. 100-242 inserted ''governmental entity,''
after ''urban county,''.
42 USC -- 11392. Supplemental assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary of Housing and Urban Development is authorized in
accordance with the provisions of this part --
(1) to provide assistance to cover the costs in excess of assistance
provided under the emergency shelter grant program or the supportive
housing demonstration program that are required --
(A) to meet the special needs of homeless families with children,
elderly homeless individuals, or the handicapped;
(B) to facilitate the transfer and utilization of public buildings to
assist homeless individuals and families; or
(C) to provide supportive services for the homeless; or
(2) to provide comprehensive assistance for particularly innovative
programs for, or alternative methods of, meeting the immediate and
long-term needs of homeless individuals and families by assisting --
(A) the purchase, lease, renovation, operation, or conversion of
facilities to assist the homeless, which facilities shall be safe and
sanitary and, when appropriate, meet all applicable State and local
housing and building codes and licensing requirements in the
jurisdiction in which the facility is located; or
(B) the provision of supportive services for the homeless.
(b) Limitations
(1) The Secretary may not provide assistance under this part unless
the Secretary determines that --
(A) the applicant has made reasonable efforts to utilize all
available local resources and resources available under the other
provisions of this subchapter; and
(B) that other resources are not sufficient or are not available to
carry out the purpose for which the assistance is being sought.
No assistance provided under this part may be used to supplant any
non-Federal resources provided with respect to any project.
(2) Any advance provided under this part shall be repaid on such
terms as may be prescribed by the Secretary when the project ceases to
be used to assist homeless individuals in accordance with the provisions
of this part. A recipient shall be required to repay 100 percent of the
advance if the recipient uses the project to assist homeless individuals
for fewer than 10 years following initial occupancy. If the recipient
uses the project to assist homeless individuals for more than 10 years,
the percentage of the amount that the recipient shall be required to
repay shall be reduced by 10 percentage points for each year in excess
of 10 that the property is used to assist homeless individuals. A
project may continue to be treated as a project to assist homeless
individuals for purposes of this paragraph if the Secretary determines
that such project is no longer needed to assist homeless individuals and
approves the use of such project for the direct benefit of lower income
persons.
(3) Upon any sale or other disposition of a project acquired, leased,
renovated, rehabilitated, or converted with assistance under this part
prior to the close of 20 years after the project is placed in service,
other than a sale or other disposition resulting in the use of the
project for the direct benefit of lower income persons, the recipient
shall comply with such terms and conditions as the Secretary shall have
prescribed to prevent the recipient from unduly benefiting from the sale
or other disposition of the project.
(4) Not more than $10,000 of any grant or advance under this part may
be used for outpatient health services (excluding the cost of any
rehabilitation or conversion).
(c) Eligibility
To receive assistance under this part, a State, metropolitan city,
urban county, tribe, or private nonprofit organization shall submit an
application to the Secretary in such form and containing such
information as the Secretary shall prescribe.
(d) Selection
Assistance may be provided under this part only to an applicant that
--
(1) has shown a demonstrated commitment to alleviating poverty;
(2) has furnished assurances satisfactory to the Secretary that any
property purchased, renovated, or converted with assistance under this
part will be operated to assist homeless individuals for not less than
10 years, except that in the case of any leased property receiving
assistance under this part other than for lease of the property,
assurances under this paragraph shall be made annually that the project
will be operated to assist homeless individuals for such year;
(3) has the continuing capacity to effectively provide assistance to
homeless individuals;
(4) has furnished assurances satisfactory to the Secretary that the
applicant will develop and implement procedures to ensure the
confidentiality of records pertaining to any individual provided family
violence prevention or treatment services under any project assisted
under this part and that the address or location of any family violence
shelter project assisted under this part will, except with written
authorization of the person or persons responsible for the operation of
such shelter, not be made public; and
(5) complies with such other requirements for assistance under this
section as the Secretary may establish.
To the maximum extent practicable, the Secretary shall reserve not
less than 50 percent of all funds provided under this section for the
support of facilities and services designed primarily to benefit
homeless elderly individuals or homeless families with children (and a
portion of such funds shall be used for child care facilities and
services). To the extent practicable, the Secretary shall distribute
the funds available to carry out this part equitably across geographic
areas.
(e) Site control
(1) In general
Except as provided in paragraph (2), the Secretary shall require that
an application furnish reasonable assurances that the applicant will own
or have control of a site for the proposed project not later than 6
months after notification of an award for grant assistance. An
applicant may obtain ownership or control of a suitable site different
from the site specified in the application. If an applicant fails to
obtain ownership or control of the site within 1 year after notification
of an award for grant assistance, the grant shall be recaptured and
reallocated.
(2) Exception
The Secretary may waive the requirement under paragraph (1) for any
proposed project for which the Secretary determines such requirement is
inapplicable because, under the application, the families and
individuals served own or control, or will eventually own or control,
the site.
(f) Coordination with Secretary of Health and Human Services
(1) Promptly upon receipt of any application for assistance under
this part that includes the provision of outpatient health services, the
Secretary of Housing and Urban Development shall consult with the
Secretary of Health and Human Services with respect to the proposed
outpatient health services. If the Secretary of Health and Human
Services determines that the proposal for delivery of outpatient health
services does not meet the guidelines described in paragraph (2), the
Secretary of Housing and Urban Development may require resubmission of
the application. The Secretary of Housing and Urban Development may not
approve such portion of the application unless and until it has been
resubmitted in a form that the Secretary of Health and Human Services
determines meets the guidelines.
(2) The Secretary of Housing and Urban Development and the Secretary
of Health and Human Services shall jointly establish guidelines for
determining under this section the appropriateness of proposed
outpatient health services. Such guidelines shall include such
provisions as are necessary to enable the Secretary of Housing and Urban
Development to meet the time limits under this part for the final
selection of applications for assistance.
(g) Limitation on administrative expenses
Not more than 5 percent of a grant or advance made under this section
may be expended for administrative expenses.
(h) Renewed funding for short-term lease projects
The Secretary may not provide assistance under this part for any
leased property for any year unless assurances under subsection (d)(2)
of this section have been made that the project will be operated to
assist homeless individuals for the year for which such assistance is
provided.
(Pub. L. 100-77, title IV, 432, July 22, 1987, 101 Stat. 505; Pub.
L. 100-628, title IV, 461-463(a), Nov. 7, 1988, 102 Stat. 3236, 3237;
Pub. L. 101-625, title VIII, 834(b)-(d), Nov. 28, 1990, 104 Stat. 4365,
4366.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11392, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
1990 -- Subsec. (d)(2). Pub. L. 101-625, 834(b)(1), struck out
''leased,'' after ''purchased,'' and inserted before semicolon at end
'', except that in the case of any leased property receiving assistance
under this part other than for lease of the property, assurances under
this paragraph shall be made annually that the project will be operated
to assist homeless individuals for such year''.
Subsec. (d)(4), (5). Pub. L. 101-625, 834(c), added par. (4) and
redesignated former par. (4) as (5).
Subsec. (e). Pub. L. 101-625, 834(d), designated existing provisions
as par. (1), inserted heading, substituted ''Except as provided in
paragraph (2), the Secretary'' for ''The Secretary'', and added par.
(2).
Subsec. (h). Pub. L. 101-625, 834(b)(2), added subsec. (h).
1988 -- Subsec. (a)(1)(C). Pub. L. 100-628, 461(1), added subpar.
(C).
Subsec. (a)(2)(A). Pub. L. 100-628, 461(2)(A), inserted
''operation,'' after ''renovation,''.
Subsec. (a)(2)(B). Pub. L. 100-628, 461(2)(B), substituted ''the
homeless'' for ''homeless individuals''.
Subsec. (d). Pub. L. 100-628, 462, in second sentence, inserted
''and services'' after ''facilities'' in two places and substituted
''individuals or'' for ''individuals and''.
Subsecs. (e) to (g). Pub. L. 100-628, 463(a), added subsec. (e)
and redesignated former subsecs. (e) and (f) as (f) and (g),
respectively.
Section 463(b) of Pub. L. 100-628 provided that: ''The amendment
made by subsection (a) (amending this section) applies to notifications
of awards for grants made under subtitle D of title IV of the Stewart B.
McKinney Homeless Assistance Act (this part) on or after November 1,
1987.''
42 USC -- 11393. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than the expiration of the 30-day period beginning on July
22, 1987, the Secretary shall by notice establish such requirements as
may be necessary to carry out the provisions of this part. Such
requirements shall not be subject to section 553 of title 5 or section
3535(o) of this title. Such notice shall --
(1) provide that a notice of funding availability shall be published
in the Federal Register not later than the expiration of the 30-day
period beginning on the date on which amounts become available to carry
out this part;
(2) require all applications for assistance under this part to be
submitted not later than the expiration of the 60-day period beginning
on the date on which the notice of funding availability is published in
the Federal Register; and
(3) provide that the final selection of applications for assistance
under this part shall be completed not later than the expiration of the
90-day period beginning on the date on which the notice of funding
availability is published in the Federal Register.
(Pub. L. 100-77, title IV, 433, July 22, 1987, 101 Stat. 507.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11393, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11394. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this part
$30,000,000 for each of fiscal years 1991 and 1992. Any amounts that
are appropriated to carry out this part and that are not reserved prior
to the 30-day period preceding the close of a fiscal year shall be made
available prior to the close of such fiscal year.
(Pub. L. 100-77, title IV, 434, July 22, 1987, 101 Stat. 508; Pub.
L. 100-628, title IV, 464, Nov. 7, 1988, 102 Stat. 3237; Pub. L.
101-625, title VIII, 834(a), Nov. 28, 1990, 104 Stat. 4365.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11394, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
1990 -- Pub. L. 101-625 amended first sentence generally,
substituting ''$30,000,000 for each of fiscal years 1991 and 1992'' for
''$10,000,000 for fiscal year 1989 and $11,000,000 for fiscal year
1990''.
1988 -- Pub. L. 100-628 amended first sentence generally,
substituting ''$10,000,000 for fiscal year 1989 and $11,000,000 for
fiscal year 1990'' for ''$25,000,000 for each of the fiscal years 1987
and 1988''.
42 USC -- Part E -- Miscellaneous Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11401. Section 1437f assistance for single room occupancy
dwellings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Increase in budget authority
The budget authority available under section 1437c(c) of this title
for assistance under section 1437f(e)(2) /1/ of this title is authorized
to be increased by $79,000,000 on or after October 1, 1990, and by
$82,400,000 on or after October 1, 1991.
(b) Use of funds
The amounts made available under this section shall be used only in
connection with the moderate rehabilitation of housing described in
section 1437f(n) of this title for occupancy by homeless individuals,
except that amounts made available under this section may be used in
connection with the moderate rehabilitation of efficiency units if the
building owner agrees to pay the additional cost of rehabilitating and
operating such units.. /2/
(c) Allocation
The amounts made available under this section shall be allocated by
the Secretary of Housing and Urban Development on the basis of a
national competition to the applicants that best demonstrate a need for
the assistance under this section and the ability to undertake and carry
out a program to be assisted under this section. To be considered for
assistance under this section, an applicant shall submit to the
Secretary of Housing and Urban Development a written proposal containing
--
(1) a description of the size and characteristics of the population
within the applicant's jurisdiction that would occupy single room
occupancy dwellings;
(2) a listing of additional commitments from public and private
sources that the applicant might be able to provide in connection with
the program;
(3) an inventory of suitable housing stock to be rehabilitated with
such assistance; and
(4) a description of the interest that has been expressed by
builders, developers, and others (including profit and nonprofit
organizations) in participating in the program.
No single city or urban county shall be eligible to receive more than
10 percent of the assistance made available under this section.
(d) Fire and safety improvements
Each contract for housing assistance payments entered into with the
authority provided under this section shall require the installation of
a sprinkler system that protects all major spaces, hard wired smoke
detectors, and such other fire and safety improvements as may be
required by State or local law. For purposes of this subsection, the
term ''major spaces'' means hallways, large common areas, and other
areas specified in local fire, building, or safety codes.
(e) Cost limitation
(1) The total cost of rehabilitation that may be compensated for in a
contract for housing assistance payments entered into with the authority
provided under this section shall not exceed $14,000 per unit, plus the
expenditures required by subsection (d) of this section.
(2) The Secretary of Housing and Urban Development shall increase the
limitation contained in paragraph (1) by an amount the Secretary
determines is reasonable and necessary to accommodate special local
conditions, including --
(A) high construction costs; or
(B) stringent fire or building codes.
(3) The Secretary of Housing and Urban Development shall increase the
limitation in paragraph (1) on October 1 of each year by an amount
necessary to take into account increases in construction costs during
the previous 12-month period.
(f) Contract requirements
Each contract for annual contributions entered into with a public
housing agency to obligate the authority made available under this
section shall --
(1) commit the Secretary of Housing and Urban Development to make
such authority available to the public housing agency for an aggregate
period of 10 years, and require that any amendments increasing such
authority shall be available for the remainder of such 10-year period;
(2) provide the Secretary of Housing and Urban Development with the
option to renew the contract for an additional period of 10 years,
subject to the availability of appropriations; and
(3) provide that, notwithstanding any other provision of law, first
priority for occupancy of housing rehabilitated under this section shall
be given to homeless individuals.
(g) Applicability to Indian housing authorities
Amounts made available for assistance under this section shall be
available through contracts between the Secretary and Indian housing
authorities, and the provisions of this section regarding public housing
authorities shall include and apply to Indian housing authorities.
(Pub. L. 100-77, title IV, 441, July 22, 1987, 101 Stat. 508; Pub.
L. 100-628, title IV, 481(a)-(d)(1), Nov. 7, 1988, 102 Stat. 3237,
3238; Pub. L. 101-625, title VIII, 835, Nov. 28, 1990, 104 Stat.
4366.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Section 1437f(e)(2) of this title, referred to in subsec. (a), was
repealed effective Oct. 1, 1991, but to remain in effect with respect
to single room occupancy dwellings as authorized by this subchapter, see
section 12839(b) of this title.
Another section 11401, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
1990 -- Subsec. (a). Pub. L. 101-625, 835(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
budget authority available under section 1437c(c) of this title for
assistance under section 1437f(e)(2) of this title is authorized to be
increased by $50,000,000 on or after October 1, 1988, and by $50,000,000
on or after October 1, 1989.''
Subsec. (g). Pub. L. 101-625, 835(b), added subsec. (g).
1988 -- Subsec. (a). Pub. L. 100-628, 481(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
budget authority available under section 1437c(c) of this title for
assistance under section 1437f(e)(2) of this title is authorized to be
increased by $35,000,000 on or after October 1, 1986, and by $35,000,000
on or after October 1, 1987.''
Subsec. (b). Pub. L. 100-628, 481(b), inserted before period at end
'', except that amounts made available under this section may be used in
connection with the moderate rehabilitation of efficiency units if the
building owner agrees to pay the additional cost of rehabilitating and
operating such units.''
Subsec. (d). Pub. L. 100-628, 481(c), inserted sentence defining
''major spaces''.
Subsec. (e)(3). Pub. L. 100-628, 481(d)(1), added par. (3).
Section 481(d)(2) of Pub. L. 100-628 provided that: ''The first
increase under the amendment made by paragraph (1) (amending this
section) shall be effective with respect to assistance provided on or
after October 1, 1988.''
/1/ See References in Text note below.
/2/ So in original.
42 USC -- 11402. Administrative provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The provisions of, and regulations and procedures applicable under,
section 5304(g) of this title shall apply to assistance and projects
under this subchapter.
(Pub. L. 100-77, title IV, 443, as added Pub. L. 100-628, title IV,
482(a), Nov. 7, 1988, 102 Stat. 3238.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11402, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- Part F -- Shelter Plus Care Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- subpart i -- shelter plus care: general requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11403. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of the program authorized under this part is to provide
rental housing assistance, in connection with supportive services funded
from sources other than this part, to homeless persons with disabilities
(primarily persons who are seriously mentally ill, have chronic problems
with alcohol, drugs, or both, or have acquired immunodeficiency syndrome
and related diseases) and the families of such persons.
(Pub. L. 100-77, title IV, 451, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4367.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11403, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
lations
Section 837(b) of Pub. L. 101-625 provided that: ''Not later than
180 days after the date funds authorized under section 459 of the
Stewart B. McKinney Homeless Assistance Act (section 11403h of this
title), as amended by this section, first become available for
obligation, the Secretary shall by notice establish such requirements as
may be necessary to carry out the provisions of subtitle F of that Act
(this part). Such requirements shall be subject to section 553 of title
5, United States Code. The Secretary shall issue regulations based on
the initial notice before the expiration of the eight-month period
following the date of the notice. The Secretary shall issue regulations
based on the initial notice before the expiration of the 8-month period
following the date of the notice. In developing program guidelines and
regulations to implement such subtitle, the Secretary of Housing and
Urban Development may consult with the Secretary of Health and Human
Services with respect to supportive services aspects of this subtitle
(subtitle C ( 821-841) of title VIII of Pub. L. 101-625, see Tables for
classification).''
42 USC -- 11403a. Rental housing assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary is authorized, in accordance with the provisions of
this subpart, to provide rental housing assistance under subparts II,
III, and IV of this part.
(b) Funding limitations
To the maximum extent practicable, the Secretary shall reserve not
less than 50 percent of all funds provided under this part for homeless
individuals who are seriously mentally ill or have chronic problems with
alcohol, drugs, or both.
(Pub. L. 100-77, title IV, 452, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4367.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11403a, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11403b. Supportive services requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Matching funding
(1) In general
Each recipient shall be required to supplement the assistance
provided under this part with an equal amount of funds for supportive
services from sources other than this part. Each recipient shall
certify to the Secretary its compliance with this paragraph, and shall
include with the certification a description of the sources and amounts
of such supplemental funds.
(2) Determination of matching amounts
In calculating the amount of supplemental funds provided under this
part, a recipient may include the value of any lease on a building, any
salary paid to staff to carry out the program of the recipient, and the
value of the time and services contributed by volunteers to carry out
the program of the recipient at a rate determined by the Secretary.
(b) Recapture
If the supportive services and funding for the supportive services
required by this section are not provided, the Secretary may recapture
any unexpended housing assistance.
(Pub. L. 100-77, title IV, 453, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4367.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11403b, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11403c. Applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
An application for rental housing assistance under this part shall be
submitted by an applicant in such forms and in accordance with such
procedures as the Secretary shall establish.
(b) Minimum contents
The Secretary shall require that an application identify the need for
the assistance in the community to be served and shall contain at a
minimum --
(1) a request for housing assistance under subpart II, III, or IV of
this part, or a combination, specifying the number of units requested
and the amount of necessary budget authority;
(2) a description of the size and characteristics of the population
of eligible persons;
(3) an identification of the need for the program in the community to
be served;
(4) the identity of the proposed service provider or providers (which
may be, or include, the applicant) and a statement of the qualifications
of the provider or providers;
(5) a description of the supportive services that the applicant
proposes to assure will be available for eligible persons;
(6) a description of the resources that are expected to be made
available to provide the supportive services required by section 11403b
of this title;
(7) a description of the mechanisms for developing a housing and
supportive services plan for each person and for monitoring each
person's progress in meeting that plan;
(8) reasonable assurances satisfactory to the Secretary that the
supportive services will be provided for the full term of the housing
assistance under subpart II, III, or IV of this part, or a combination;
and a certification from the applicant that it will fund the supportive
services itself if the planned resources do not become available for any
reason;
(9) a certification by the public official responsible for submitting
the comprehensive housing affordability strategy under section 12705 of
this title that the proposed activities are consistent with the approved
housing strategy of the unit of general local government within which
housing assistance under this part will be provided;
(10) a plan for --
(A) in the case of rental housing assistance under subpart II of this
part, providing housing assistance;
(B) identifying and selecting eligible persons to participate,
including a proposed definition of the term ''chronic problems with
alcohol, other drugs, or both'';
(C) coordinating the provision of housing assistance and supportive
services;
(D) ensuring that the service providers are providing supportive
services adequate to meet the needs of the persons served;
(E) obtaining participation of eligible persons who have previously
not been assisted under programs designed to assist the homeless or have
been considered not capable of participation in these programs; this
plan shall specifically address how homeless persons, as defined in
section 11302(a)(2)(C) of this title, (and the families of such persons)
will be brought into the program;
(11) in the case of housing assistance under subpart III of this
part, identification of the specific structures that the recipient is
proposing for rehabilitation and assistance; and
(12) in the case of housing assistance under subpart IV of this part,
identification of the nonprofit entity that will be the owner or lessor
of the property, and identification of the specific structures in which
the nonprofit entity proposes to house eligible persons.
(Pub. L. 100-77, title IV, 454, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4367.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11403c, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11403d. Selection criteria
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall establish selection criteria for a national
competition for assistance under this part, which shall include --
(1) the ability of the applicant to develop and operate the proposed
assisted housing and supportive services program, taking into account
the quality of any ongoing program of the applicant;
(2) geographic diversity among the projects to be assisted;
(3) the need for a program providing housing assistance and
supportive services for eligible persons in the area to be served;
(4) the quality of the proposed program for providing supportive
services and housing assistance;
(5) the extent to which the proposed funding for the supportive
services is or will be available;
(6) the extent to which the project would meet the needs of the
homeless persons proposed to be served by the program;
(7) the extent to which the program integrates program recipients
into the community served by the program;
(8) the cost-effectiveness of the proposed program; and
(9) such other factors as the Secretary specifies in regulations to
be appropriate for purposes of carrying out the program established by
this part in an effective and efficient manner.
(b) Funding limitation
No more than 10 percent of the assistance made available under this
part for any fiscal year may be used for programs located within any one
unit of general local government.
(Pub. L. 100-77, title IV, 455, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4369.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11403e. Required agreements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may not approve assistance under this part unless the
applicant agrees --
(1) to operate the proposed program in accordance with the provisions
of this part;
(2) to conduct an ongoing assessment of the housing assistance and
supportive services required by the participants in the program;
(3) to assure the adequate provision of supportive services to the
participants in the program; and
(4) to comply with such other terms and conditions as the Secretary
may establish for purposes of carrying out the program in an effective
and efficient manner.
(Pub. L. 100-77, title IV, 456, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4369.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11403f. Termination of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
If an eligible individual who receives assistance under this part
violates program requirements, the recipient may terminate assistance in
accordance with the process established pursuant to subsection (b) of
this section.
(b) Procedure
In terminating assistance under this section, the recipient shall
provide a formal process that recognizes the rights of individuals
receiving such assistance to due process of law.
(Pub. L. 100-77, title IV, 457, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4369.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11403g. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) The term ''acquired immunodeficiency syndrome and related
diseases'' has the meaning given such term in section 12902 of this
title.
(2) The term ''applicant'' means --
(A) in the case of rental housing assistance under subparts II and IV
of this part, a State, unit of general local government, or Indian
tribe; and
(B) in the case of single room occupancy housing under the section 8
(42 U.S.C. 1437f) moderate rehabilitation program under subpart III of
this part (i) a State, unit of general local government, or Indian tribe
(that shall be responsible for assuring the provision of supportive
services and the overall administration of the program), and (ii) a
public housing agency (that shall be primarily responsible for
administering the housing assistance under subpart III of this part).
(3) The term ''eligible person'' means a homeless person with
disabilities (primarily persons who are seriously mentally ill, have
chronic problems with alcohol, drugs, or both, or have acquired
immunodeficiency syndrome and related diseases) and the family of such a
person.
(4) The term ''Indian tribe'' has the meaning given such term in
section 5302 of this title.
(5) The term ''nonprofit organization'' has the meaning given such
term by section 12704 of this title.
(6) The term ''person with disabilities'' has the same meaning given
the term in section 8013 of this title.
(7) The term ''public housing agency'' has the meaning given such
term in section 1437a(b)(6) of this title.
(8) The term ''recipient'' means an applicant approved for
participation in the program authorized under this part.
(9) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(10) The term ''seriously mentally ill'' means having a severe and
persistent mental or emotional impairment that seriously limits a
person's ability to live independently.
(11) The term ''State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and any other territory or possession
of the United States.
(12) The term ''supportive services'' means assistance that the
Secretary determines (A) addresses the special needs of eligible
persons; and (B) provides appropriate services or assists such persons
in obtaining appropriate services, including health care, mental health
services, substance and alcohol abuse services, child care services,
case management services, counseling, supervision, education, job
training, and other services essential for achieving and maintaining
independent living. Inpatient acute hospital care shall not qualify as
a supportive service.
(13) The term ''unit of general local government'' has the meaning
given such term in section 5302 of this title.
(Pub. L. 100-77, title IV, 458, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4369.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11403h. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
For purposes of the housing program under subpart II of this part,
there are authorized to be appropriated $80,400,000 for fiscal year
1991, and $167,200,000 for fiscal year 1992.
(b) Subpart III
For purposes of the housing program under subpart III of this part,
the budget authority available under section 1437c(c) of this title for
assistance under section 1437f(e)(2) /1/ of this title is authorized to
be increased by $24,800,000 on or after October 1, 1990, and $54,200,000
on or after October 1, 1991.
(c) Subpart IV
For purposes of the housing program under subpart IV of this part,
there are authorized to be appropriated $18,000,000 for fiscal year
1991, and $37,200,000 for fiscal year 1992.
(d) Availability
Sums appropriated under this section shall remain available until
expended.
(Pub. L. 100-77, title IV, 459, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4370.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Section 1437f(e)(2) of this title, referred to in subsec. (b), was
repealed effective Oct. 1, 1991, but to remain in effect with respect
to single room occupancy dwellings as authorized by this subchapter, see
section 12839(b) of this title.
Section 837(c) of Pub. L. 101-625, as amended by Pub. L. 102-27,
title II, Apr. 10, 1991, 105 Stat. 151, provided that: ''Amounts
appropriated for use under subtitle D of title IV of the Stewart B.
McKinney Homeless Assistance Act (part D of this subchapter), as it
existed immediately before the date of enactment (Nov. 28, 1990) made by
this section, that are or become available for obligation shall be
available for use under subtitle F of title IV of the McKinney Act (this
part), as amended by this section. Any such amounts that shall not have
been obligated by March 20, 1991, shall be made available in accordance
with the terms of the appropriation under the head 'Supplemental
Assistance for Facilities to Assist the Homeless' in Public Law 101-507
(104 Stat. 1351, 1364).''
/1/ See References in Text note below.
42 USC -- subpart ii -- shelter plus care: homeless rental housing
assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11404. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to use amounts made available under
section 11403h(a) of this title to provide rental housing assistance in
accordance with the requirements of this subpart.
(Pub. L. 100-77, title IV, 461, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4371.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11404, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11404a. Housing assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Where necessary to assure that the provision of supportive services
to persons is feasible, a recipient may require that a person
participating in the program live (1) in a particular structure or unit
for up to the first year of participation, and (2) within a particular
geographic area for the full period of participation or the period
remaining after the period referred to in paragraph /1/ (1).
(Pub. L. 100-77, title IV, 462, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4371.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11404a, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
/1/ So in original. Probably should be ''clause''.
42 USC -- 11404b. Amount of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The contract with a recipient for assistance under this subpart shall
be for a term of 5 years. Each contract shall provide that the
recipient shall receive aggregate amounts not to exceed the appropriate
existing housing fair market rent limitation under section 1437f(c) of
this title in effect at the time the application is approved. At the
option of the recipient and subject to the availability of such amounts,
the recipient may receive in any year (1) up to 25 percent of such
amounts or (2) such higher percentage as the Secretary may approve upon
a demonstration satisfactory to the Secretary that the recipient has
entered into firm financial commitments to ensure that the housing
assistance described in the application will be provided for the full
term of the contract. Any amounts not needed for a year may be used to
increase the amount available in subsequent years. Each recipient shall
ensure that the assistance provided by the Secretary, and any amounts
provided from other sources, are managed so that the housing assistance
described in the application is provided for the full term of the
assistance.
(Pub. L. 100-77, title IV, 463, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4371.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11404b, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11404c. Housing standards and rent reasonableness
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Standards required
The Secretary shall require that --
(1) before any assistance may be provided to or on behalf of the
person, each unit shall be inspected by the applicant directly or by
another entity, including the local public housing agency (or if no such
agency exists in the applicable area, an entity selected by the
Secretary), to determine that the unit meets the housing quality
standards under section 1437f of this title and that the occupancy
charge for the dwelling unit is reasonable; and
(2) the recipient shall make at least annual inspections of each unit
during the contract term.
(b) Prohibition
No assistance may be provided for a dwelling unit (1) for which the
occupancy charge is not reasonable, or (2) which fails to meet the
housing standards, unless the owner promptly corrects the deficiency and
the recipient verifies the correction.
(Pub. L. 100-77, title IV, 464, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4371.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11404c, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11404d. Tenant rent
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each tenant shall pay as rent an amount determined in accordance with
the provisions of section 1437a(a)(1) of this title.
(Pub. L. 100-77, title IV, 465, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4372.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11404e. Administrative fees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
From amounts made available under appropriations Acts, the Secretary
shall make amounts available to pay the entity administering the housing
assistance an administrative fee in an amount determined appropriate by
the Secretary for the costs of administering the housing assistance.
(Pub. L. 100-77, title IV, 466, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4372.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- subpart iii -- shelter plus care: section 1437f moderate
rehabilitation assistance for single room occupancy dwellings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11405. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to use amounts made available under
section 11403h(b) of this title only in connection with the moderate
rehabilitation of single room occupancy housing described in section
1437f(n) of this title for occupancy by homeless persons. However,
amounts made available under section 11403h(b) of this title may be used
in connection with the moderate rehabilitation of efficiency units if
the building owner agrees to pay the additional cost of rehabilitating
and operating the efficiency units.
(Pub. L. 100-77, title IV, 471, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4372.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Another section 11405, effective on the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV following this subchapter.
42 USC -- 11405a. Fire and safety improvements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each contract for housing assistance payments entered into using the
authority provided under section 11403h(b) of this title shall require
the installation of a sprinkler system that protects all major spaces,
hard-wired smoke detectors, and such other fire and safety improvements
as may be required by State or local law. For purposes of this section,
the term ''major spaces'' means hallways, large common areas, and other
areas specified in local fire, building, or safety codes.
(Pub. L. 100-77, title IV, 472, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4372.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11405b. Contract requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each contract for annual contributions entered into by the Secretary
with a public housing agency to obligate the authority made available
under section 11403h(b) of this title shall --
(1) commit the Secretary to make the authority available to the
public housing agency for an aggregate period of 10 years, and require
that any amendments increasing the authority shall be available for the
remainder of such 10-year period;
(2) provide the Secretary with the option to renew the contract for
an additional period of 10 years, subject to the availability of
authority; and
(3) provide that, notwithstanding any other provision of law, first
priority for occupancy of housing rehabilitated under this subpart shall
be given to homeless persons.
(Pub. L. 100-77, title IV, 473, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4372.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11405c. Occupancy
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Occupancy agreement
The occupancy agreement between the tenant and the owner shall be for
at least one month.
(b) Vacancy payments
If an eligible person vacates a dwelling unit before the expiration
of the occupancy agreement, no assistance payment may be made with
respect to the unit after the month during which the unit was vacated,
unless it is occupied by another eligible person.
(Pub. L. 100-77, title IV, 474, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4373.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- subpart iv -- shelter plus care: section 1701q rental
assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11406. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to use amounts made available under
section 11403h(c) of this title only in connection with the provision of
rental housing assistance under section 1701q of title 12, /1/ section
8013 of this title for very low-income eligible persons. The contract
between the Secretary and the recipient shall require the recipient to
enter into contracts with owners or lessors of housing meeting the
requirements of section 1701q of title 12 or section 8013 /2/ of this
title, as appropriate for the purpose of providing such rental housing
assistance.
(Pub. L. 100-77, title IV, 481, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4373.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
Section 8013 of this title, the second time appearing in text, was in
the original ''section 611'', and was translated as reading ''section
811'', meaning section 811 of Pub. L. 101-625, to reflect the probable
intent of Congress.
/1/ So in original. The comma probably should be ''or''.
/2/ See References in Text note below.
42 USC -- 11406a. Amount of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The contract with a recipient of assistance under this subpart shall
be for a term of 5 years. Each contract shall provide that the
recipient shall receive aggregate amounts not to exceed the appropriate
existing housing fair market rent limitation under section 1437f(c) of
this title in effect at the time the application is approved. Each
recipient shall ensure that the assistance provided by the Secretary,
and any amounts provided from other sources, are managed so that the
housing assistance described in the application is provided for the full
term of the assistance.
(Pub. L. 100-77, title IV, 482, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4373.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11406b. Housing standards and rent reasonableness
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall require that (1) the recipient inspect each unit
before any assistance may be provided to or on behalf of the person to
determine that the occupancy charge for the housing being or to be
provided is reasonable and that each unit meets housing standards
established by the Secretary for the purpose of this subpart, and (2)
the recipient make at least annual inspections of each unit during the
contract term.
(b) Prohibition
No assistance may be provided for a dwelling unit (1) for which the
occupancy charge is not reasonable, or (2) which fails to meet the
housing standards, unless the owner or lessor, as the case may be,
promptly corrects the deficiency and the recipient verifies the
correction.
(Pub. L. 100-77, title IV, 483, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4373.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- 11406c. Administrative fees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
From amounts made available under appropriations Acts, the Secretary
shall make amounts available to pay the nonprofit entity that is the
owner or lessor of the housing assisted under this subpart an
administrative fee in an amount determined appropriate by the Secretary
for the costs of administering the housing assistance.
(Pub. L. 100-77, title IV, 484, as added Pub. L. 101-625, title
VIII, 837(a), Nov. 28, 1990, 104 Stat. 4373.)
Subchapter amended generally, effective on the later of Oct. 1,
1992, or the date specified by a statute adopting a proposed allocation
formula, see note set out preceding section 11361 of this subchapter.
42 USC -- SUBCHAPTER IV -- HOUSING ASSISTANCE /1/
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
/1/ Another subchapter IV ( 11361-11406c) is set out preceding this
subchapter.
42 USC -- Part A -- General Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Pub. L. 101-625, title VIII, 821(a), 823(a), Nov. 28, 1990, 104
Stat. 4331, 4355, amended this subchapter generally, effective on the
later of Oct. 1, 1992, or the date specified by a statute adopting a
proposed allocation formula. Existing subchapter IV ( 11361-11406c) is
set out preceding this subchapter and the prospective subchapter IV (
11361-11405) is set out below.
Title IV of the Stewart B. McKinney Homeless Assistance Act,
comprising this subchapter, was originally enacted by Pub. L. 100-77,
title IV, July 22, 1987, 101 Stat. 494, and amended by Pub. L.
100-242, title V, 570(i), Feb. 5, 1988, 101 Stat. 1950; Pub. L.
100-628, title IV, 401-404, 421-423(a), 424, 425, 441-445(a),
446-450(a)(1), (b), 451-455, 461-463(a), 464, 481(a)-(d)(1), 482, Nov.
7, 1988, 102 Stat. 3230-3238; Pub. L. 101-625, title VIII, 831,
832(a), (b)(1), (c)-(h), 833-836(a), 837(a), Nov. 28, 1990, 104 Stat.
4357, 4359, 4360, 4362, 4365-4367. Such title is shown herein, however,
as having been added by Pub. L. 101-625, title VIII, 821(a), Nov. 28,
1990, 104 Stat. 4331, without reference to such intervening amendments
because of the extensive revision of title IV by Pub. L. 101-625.
1441a, 1831q.
42 USC -- 11361. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of this subchapter is to expand the Federal commitment to
alleviate homelessness in this Nation by providing States, Indian
tribes, and localities with the resources to --
(1) help very low-income families avoid becoming homeless;
(2) meet the emergency shelter needs of homeless persons and
families;
(3) provide transitional housing to facilitate the movement of
homeless persons and families to independent living;
(4) provide specialized permanent housing for homeless persons who
require a supportive living environment; and
(5) provide supportive services to help homeless persons and families
lead independent and dignified lives.
(Pub. L. 100-77, title IV, 401, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4332.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding this section.
Another section 11361, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
Section 823(a)-(c) of Pub. L. 101-625 provided that:
''(a) In General. -- The amendment made by section 821 (enacting this
subchapter) shall take effect --
''(1) on October 1, 1992, or
''(2) on the date specified by a statute adopting a proposed
allocation formula described in subsections (b) and (c),
whichever is later.
''(b) Feasibility Study. -- The Secretary shall carry out a study to
determine the feasibility of allocating homeless assistance by a formula
that distributes housing assistance for the homeless in accordance with
the relative incidence of homelessness in jurisdictions across the
United States. If the Secretary determines that the use of such a
formula is feasible, the Secretary shall develop one or more such
formulas. In determining alternative allocation formulas, the Secretary
shall consider --
''(1) objective measures of the incidence of homelessness;
''(2) the relation between the supply of affordable housing for very
low-income families and the number of such families in the jurisdiction;
''(3) poverty;
''(4) housing overcrowding; and
''(5) any other relevant factors, including the reliability of data
pertaining to homelessness.
''(c) Report. -- Not later than 18 months after the date of enactment
of this Act (Nov. 28, 1990), the Secretary shall transmit to the
Congress a report on the feasibility study under this subsection
(section). Such report shall contain any formula or formulas developed
under subsection (b) together with detailed analysis of the formulas.
In preparing such report, the Secretary shall consult with organizations
representing homeless persons, nonprofit organizations, public housing
agencies, and State and local housing and service agencies.''
42 USC -- 11362. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this subchapter --
(1) The term ''assistance'' means grants to assist the acquisition,
lease, renovation, substantial rehabilitation, operation, or conversion
of facilities to assist the homeless, grants for moderate
rehabilitation, grants for other purposes, and other assistance made
eligible under section 11365 of this title and part B of this
subchapter.
(2) The term ''emergency activities'' means supportive services that
are provided in an emergency shelter developed in accordance with
section 11372 of this title.
(3) The term ''families'' has the same meaning given the term under
section 1437a(b)(2) of this title.
(4) The term ''grantee'' means --
(A) a State or unit of general local government receiving grants from
the Secretary under section 11363(a) of this title;
(B) a group of geographically contiguous local governments that have
formed a consortium that, in the determination of the Secretary --
(i) has sufficient authority and administrative capability to act on
behalf of its member jurisdictions in carrying out the provisions of
section 11363(a) of this title, and
(ii) is comprised only of jurisdictions that have received a formula
allocation for the fiscal year, and
(C) for purposes of section 11366 of this title and subsections (a),
(b), (c), and (f) of section 11367 of this title, an Indian tribe,
Indian housing authority, or a private nonprofit organization receiving
a direct grant under section 11365 of this title.
(5) The term ''person with disabilities'' has the same meaning given
the term in section 8013 of this title.
(6) The term ''homeless person with disabilities'' means a person
with disabilities who is a homeless person within the meaning of section
11302 of this title, is at risk of becoming a homeless person, or has
been a resident of transitional housing carried out pursuant to this
chapter or the provisions made effective by section 101(g) of Public Law
99-500 or Public Law 99-591.
(7) The term ''locality'' means the geographical area within the
jurisdiction of a local government.
(8) The term ''operating costs'' means expenses incurred by a project
sponsor operating any housing assisted under this subchapter with
respect to --
(A) the administration, maintenance, repair, and security of such
housing; and
(B) utilities, fuels, furnishings, and equipment for such housing.
(9) The term ''operating costs'' includes expenses incurred by a
project sponsor operating transitional housing under this subchapter
with respect to --
(A) the conducting of the assessment required by section
11373(c)(1)(B) of this title; and
(B) the provision of supportive services to the residents of such
housing.
(10) The term ''outpatient health services'' means outpatient health
care, outpatient mental health services, outpatient substance abuse
services, and case management services.
(11) The term ''private nonprofit organization'' means an
organization --
(A) no part of the net earnings of which inures to the benefit of any
member, founder, contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system or has designated a fiscal agent in
accordance with requirements established by the Secretary; and
(D) that practices nondiscrimination in the provision of assistance.
(12) The term ''project'' means a structure or a portion of a
structure that is acquired or rehabilitated with assistance provided
under this subchapter or with respect to which the Secretary provides
technical assistance or annual payments for operating costs.
(13) The term ''project sponsor'' means any governmental or private
nonprofit organization that --
(A) receives assistance from the Secretary or from a grantee under
section 11363(a) of this title,
(B) is approved by the grantee as to financial responsibility, and
(C) is directly responsible for the administration of assistance
provided under this subchapter.
Each project sponsor shall act as the fiscal agent of the Secretary
with respect to assistance provided to such project sponsor under this
subchapter.
(14) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(15) The term ''State'' means a State of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico, or any agency
or instrumentality thereof that is established pursuant to legislation
and designated by the chief executive to act on behalf of the
jurisdiction with regard to provisions of this chapter.
(16)(A) The term ''supportive services'' means assistance designed by
a project sponsor that --
(i) addresses the special needs of homeless persons, such as
deinstitutionalized persons, families with children, persons with mental
disabilities, other persons with disabilities, the elderly, and veterans
intended to be served by a project; and
(ii) assists in accomplishing the purposes of the different types of
housing for the homeless made eligible under this part.
(B) The term includes --
(i) food services, child care, substance abuse treatment, assistance
in obtaining permanent housing, outpatient health services, employment
counseling, nutritional counseling, security arrangements for the
protection of residents of facilities to assist the homeless, and such
other services essential for maintaining or moving towards independent
living as the Secretary determines to be appropriate; and
(ii) assistance to homeless persons in obtaining other Federal,
State, and local assistance available for such individuals, including
public assistance benefits, mental health benefits, employment
counseling, and medical assistance.
(C) Such term does not include the provision of major medical
equipment.
(D) All or part of the supportive services may be provided directly
by the project sponsor or by arrangements with other public or private
service providers.
(17) The term ''unit of general local government'' means any city,
town, township, county, parish, village, or other general purpose
subdivision of a State; Guam, the Northern Mariana Islands, the Virgin
Islands, American Samoa, the Federated States of Micronesia and Palau,
the Marshall Islands, or a general purpose political subdivision
thereof; a consortium; and any other territory or possession of the
United States.
(18) /1/ The term ''consortium'' means a group of geographically
contiguous local governments that the Secretary determines --
(A) has sufficient authority and administrative capability to act on
behalf of its member jurisdictions in carrying out the provisions of
section 11363(a) of this title; and
(B) is comprised only of jurisdictions that have received a formula
allocation for the fiscal year.
(18) /1/ The term ''very low-income families'' has the same meaning
given the term under section 12704 of this title.
(19) The terms ''Indian tribe'' and ''Indian housing authority'' have
the same meanings as in section 1437a of this title.
(Pub. L. 100-77, title IV, 402, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4332.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
This chapter, referred to in pars. (6) and (15), was in the original
''this Act'', meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482,
known as the Stewart B. McKinney Homeless Assistance Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 11301 of this title and Tables.
The transitional housing carried out pursuant to the provisions made
effective by section 101(g) of Public Law 99-500 or Public Law 99-591,
referred to in par. (6), probably means the transitional housing
demonstration program authorized by title V of H.R. 5313 (Department of
Housing and Urban Development -- Independent Agencies Appropriations
Act, 1987), as incorporated by reference by section 101(g) of Pub. L.
99-500 and 99-591, and enacted into law by section 106 of Pub. L.
100-202, which is set out as a note under section 11361 of this title.
/1/ So in original. Two pars. (18) have been enacted.
42 USC -- 11363. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants for homeless housing assistance
(1) In general
(A) Grants authorized
The Secretary shall, to the extent of amounts approved in
appropriations Acts under section 11368 of this title, make grants to
States and units of general local government and to eligible applicants
under section 11365 of this title in order to (i) carry out activities
designed to meet the emergency, transitional, and permanent housing
needs of the homeless, (ii) help very low-income families and persons
avoid becoming homeless, and (iii) help homeless families and persons
make the transition to permanent housing.
(B) Strategy required
A jurisdiction shall be eligible to receive a grant only if it has
obtained an approved housing strategy (or an approved abbreviated
housing strategy) in accordance with section 12705 of this title.
(C) Use of project sponsors
A grantee shall carry out activities authorized under this subsection
through contracts with project sponsors, except that a grantee that is a
State shall obtain the approval of the unit of general local government
for the locality in which a project is to be located prior to entering
into such contracts.
(2) Allocation of resources
The amounts approved in appropriations Acts under section 11368 of
this title shall be allocated in accordance with a formula established
under section 11364 of this title.
(b) Eligible activities
Grants under this subchapter shall be available only for approved
activities. Approved activities shall include --
(1) the provision of assistance to help very low-income families
avoid becoming homeless in accordance with section 11371 of this title;
(2) the development of emergency shelters for the homeless in
accordance with section 11372 of this title;
(3) the development of transitional housing to facilitate the
transition of homeless persons to independent living in accordance with
section 11373 of this title;
(4) the development of permanent housing for homeless persons with
disabilities in accordance with section 11374 of this title;
(5) the provision of assistance to help very low-income families who
are residing in emergency shelter or transitional housing make the
transition to permanent housing in accordance with section 11375 of this
title; and
(6) such other activities that the Secretary develops in cooperation
with grantees in accordance with section 11376 of this title.
The Secretary shall establish standards and guidelines for approved
activities. The Secretary shall permit grantees to refine and adapt
such standards and guidelines for individual projects, where such
refinements and adaptations are made necessary by local circumstances.
(c) Limitations
(1) Prevention
A grantee may use not more than 30 percent of grants allocated under
subsection (a) of this section for homelessness prevention activities as
defined in section 11371 of this title.
(2) Emergency activities
A grantee may use not more than 30 percent of the grants allocated in
accordance with subsection (a) of this section for emergency activities
as defined in section 11372 of this title. The Secretary may approve a
higher limitation if the grantee demonstrates that other approved
activities under this subparagraph are already being carried out in the
jurisdiction with other resources.
(d) SRO renovation
The Secretary shall, to the extent of amounts approved in
appropriations Acts for the programs authorized under section 11381 of
this title, provide rental assistance to public housing agencies or
other contracting agencies for the renovation of single room occupancy
dwellings in accordance with part C of this subchapter.
(Pub. L. 100-77, title IV, 403, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4334.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11364. Allocation formula
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Subject to section 823(b) of the Cranston-Gonzalez National
Affordable Housing Act, the Secretary shall issue regulations
establishing an allocation formula, if any, that reflects each
jurisdiction's share of the Nation's need for housing assistance for the
homeless.
(Pub. L. 100-77, title IV, 404, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4335.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Section 823(b) of the Cranston-Gonzalez National Affordable Housing
Act, referred to in text, is section 823(b) of Pub. L. 101-625, which
is set out in a note under section 11361 of this title.
42 USC -- 11365. Discretionary allocation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In addition to grants otherwise authorized by this subchapter, the
Secretary is authorized to make grants to eligible applicants to meet
urgent needs of homeless persons that are not being met by available
public and private sources in areas with an unusually high incidence of
homelessness. For purposes of this section, the term ''eligible
applicant'' means a grantee, Indian tribe, Indian housing authority or
private nonprofit organization, except that a grantee shall not be
permitted to submit an application if the Secretary finds that the
grantee is in noncompliance with sections 11366 and 11367 of this title.
(b) Eligible activities
Assistance provided under this section may be used for approved
activities under part B of this subchapter and for --
(1) the purchase, lease, rehabilitation, renovation, operation, or
conversion of facilities to assist the homeless;
(2) the transitional provision of supportive services designed to
meet special needs of homeless persons, including families with
children, deinstitutionalized persons, persons with mental disabilities,
other persons with disabilities, the elderly, and veterans; and
(3) the provision of supplemental assistance to projects assisted
under sections 11372 and 11373 of this title if such assistance is
required to meet the special needs of homeless persons residing in such
projects.
(c) Applications
Assistance under this section shall be allocated among approvable
applications submitted by eligible applicants. Applications for
assistance under this section shall be submitted by an applicant in such
form and in accordance with such procedures as the Secretary shall
establish. Such applications shall contain --
(1) a description of the proposed activities;
(2) a description of the size and characteristics of the homeless
population that would be served by the proposed activities;
(3) a description of the public and private resources that are
expected to be made available in connection with the proposed
activities;
(4) assurances satisfactory to the Secretary that any property
purchased, leased, rehabilitated, renovated, or converted with
assistance under this section (except for property to be used as
emergency shelter in accordance with section 11372 of this title) shall
be operated for not less than 10 years for the purpose specified in the
application;
(5) evidence in a form acceptable to the Secretary that the proposed
activities will meet urgent needs of homeless persons that are not being
met by available public and private sources;
(6) if submitted by a private nonprofit organization, a certification
from the public official responsible for submitting a housing strategy
in accordance with section 12705 of this title that the application is
consistent with the approved housing strategy; and
(7) such other information or certifications that the Secretary
determines to be necessary to achieve the purposes of this section.
(d) Selection criteria
(1) In general
The Secretary shall establish selection criteria for assistance under
this subsection, which shall principally take into account --
(A) the extent to which the proposed activities meet urgent needs of
homeless persons that are not being met by available public and private
sources;
(B) the extent to which the area in which the proposed activities are
to be carried out is an area with an unusually high incidence of
homelessness; and
(C) the extent to which such area is not being served by current
programs to assist homeless persons.
(2) Additional criteria
Selection criteria established by the Secretary shall also take into
account --
(A) the extent to which the proposed activities would make available
as housing for homeless persons property owned by the Federal
Government, a State, a unit of general local government, or other public
entity, including in rem property, public buildings, and public land;
(B) the extent to which the proposed activities would be carried out
in a jurisdiction that has demonstrated exemplary coordination among
State and local agencies administering housing, child welfare, and
public assistance activities;
(C) the extent to which the applicant has demonstrated the capacity
to carry out the proposed activities; and
(D) such other factors as the Secretary determines to be appropriate
to ensure that funds made available under this section are used
effectively.
(e) Special rules for supplemental assistance for facilities to
assist homeless
(1) In general
The Secretary may not provide assistance under subsection (b)(3) of
this section unless the Secretary determines that --
(A) the applicant has made reasonable efforts to utilize all
available local resources and resources available under the other
provisions of this subchapter; and
(B) other resources are not sufficient or are not available to carry
out the purpose for which the assistance is being sought.
No assistance provided under subsection (b)(3) of this section may be
used to supplant any non-Federal resources provided with respect to any
project.
(2) Health services
Not more than $10,000 of any grant or advance under subsection (b)(3)
of this section may be used for outpatient health services (excluding
the cost of any rehabilitation or conversion of a structure to
accommodate the provision of such services).
(3) Guidelines
The Secretary of Housing and Urban Development and the Secretary of
Health and Human Services shall jointly establish guidelines for
determining under this section the appropriateness of proposed
outpatient health services. Such guidelines shall include such
provisions as are necessary to enable the Secretary of Housing and Urban
Development to meet the time limits under this section for the final
selection of applications for assistance.
(Pub. L. 100-77, title IV, 405, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4336.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11366. Responsibilities of grantees and project sponsors
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Matching requirements
(1) In general
Each grantee shall be required to supplement the grants provided
under this subchapter for acquisition, rehabilitation, or construction
activities, except for assistance described in section 11381 of this
title, with an equal amount of funds from non-Federal sources. Each
grantee shall certify to the Secretary its compliance with this
subsection, describing the sources and amounts of such supplemental
funds. Supplemental funds may include the value of any donated material
or building, the value of any lease on a building, any salary paid to
staff to carry out the program of a project sponsor, and the value of
the time and services contributed by volunteers to carry out the program
of a project sponsor at a rate determined by the Secretary.
(2) State matching requirement
Each grantee under this subchapter that is a State shall be required
to supplement the assistance provided under this subchapter with an
amount of funds from sources other than this subchapter equal to the
difference between the amount received under this subchapter and
$100,000. If the amount received by the State is $100,000 or less, the
State may not be required to supplement the assistance provided under
this subchapter.
(3) Benefit of match
A State grantee shall obtain any matching amounts required under
paragraph (2) in a manner so that local governments, Indian tribes,
agencies, and local nonprofit organizations receiving assistance from
the grant that are least capable of providing the recipient State with
such matching amounts receive the benefit of the $100,000 subtrahend
under paragraph (2).
(b) Housing quality
Each grantee shall assure that housing assisted under this part shall
be decent, safe, and sanitary and, when appropriate, meet all applicable
State and local housing codes, building codes, and licensing
requirements in the jurisdiction in which the housing is located.
(c) Consistency with housing strategy
Each grantee shall certify, to the satisfaction of the Secretary,
that activities undertaken by project sponsors with assistance from the
grantee are consistent with the housing strategy submitted by the
grantee in accordance with section 12705 of this title.
(d) Assistance to homeless persons
Each grantee shall certify that each project sponsor shall
administer, in good faith, a policy designed to ensure that any shelter
or housing assisted under this part is free from the illegal use,
possession, or distribution of drugs or alcohol by its beneficiaries.
(e) Limitation on use of funds
Each grantee shall certify, to the satisfaction of the Secretary,
that neither assistance received under this part nor any State or local
government funds used to supplement such assistance will be used to
replace other public funds previously used, or designated for use, to
assist the homeless.
(f) Civil rights compliance
Each grantee shall certify, to the satisfaction of the Secretary,
that the grant will be conducted and administered in conformity with
title VI of the Civil Rights Act of 1964 (Public Law 88-352) (42 U.S.C.
2000d et seq.), and the Fair Housing Act (42 U.S.C. 3601 et seq.) and
the grantee will affirmatively further fair housing.
(g) Reports
(1) In general
Each grantee shall submit to the Secretary, in such form and at such
time as the Secretary shall prescribe, a performance and evaluation
report on the use of amounts made available under this part, together
with the grantee's assessment of the relationship of such usage to the
grantee's approved housing strategy. The report shall include
information on the number of homeless persons served and the reasons for
their homelessness. The report shall also specify the amounts made
available under this part for each approved activity under part B of
this subchapter. The report shall be made available to the public so
that citizens, public agencies, and other interested parties have an
opportunity to comment on the report prior to its submission. The
report shall include a summary of any comments received from interested
parties.
(2) Consultation
The Secretary shall consult with national associations of States,
local governments, and other housing interests to develop uniform
recordkeeping, performance reporting, and auditing requirements. After
considering the results of such consultations, the Secretary shall
establish uniform recordkeeping, performance reporting, and auditing
requirements for assistance made available under this part.
(h) Site control
(1) In general
Each grantee or project sponsor shall furnish reasonable assurances
that it will own or have control of a site for the proposed project not
later than 6 months after notification of an award for grant assistance.
A suitable site different from the site specified in the application
satisfies the requirement of this subsection. If ownership or control
of a site is not obtained within 1 year after notification of an award
for grant assistance, the grant shall be recaptured and reallocated.
(2) Waiver
The Secretary may waive the requirement under paragraph (1) for any
proposed project for which the Secretary determines such requirement is
inapplicable because, under the application, the families and
individuals served own or control, or will eventually own or control,
the site.
(i) Prevention of undue benefits
The Secretary may prescribe such terms and conditions as he deems
necessary to prevent project sponsors from unduly benefiting from the
sale or other disposition of projects constructed, rehabilitated, or
acquired with assistance under this part other than a sale or other
disposition resulting in the use of the project for the direct benefit
of very low-income families.
(j) Confidentiality
Each grantee shall develop and implement procedures to ensure the
confidentiality of records pertaining to any individual provided family
violence prevention or treatment services under any project assisted
under this subchapter and to ensure that the address or location of any
family violence shelter project assisted under this subchapter will,
except with written authorization of the person or persons responsible
for the operation of such shelter, not be made public.
(k) Additional requirements
The Secretary may establish such other program requirements as the
Secretary determines are necessary for grantees to administer activities
authorized under this part in an efficient manner.
(Pub. L. 100-77, title IV, 406, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4337.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
The Civil Rights Act of 1964, referred to in subsec. (f), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act
is classified generally to subchapter V ( 2000d et seq.) of chapter 21
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title and Tables.
The Fair Housing Act, referred to in subsec. (f), is title VIII of
Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is
classified principally to subchapter I of chapter 45 ( 3601 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of this title and Tables.
42 USC -- 11367. Administrative provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Limitation on administrative expenses
A grantee may not use more than 5 percent of the assistance received
under this part for administrative purposes.
(b) Income eligibility
A homeless person shall be eligible for assistance under any program
provided by this part, or by the amendments made by this part, only if
the person has income not exceeding 50 percent of the median income for
the area, as adjusted in accordance with section 1437a(b)(2) of this
title.
(c) Flood elevation requirements
Flood protection standards applicable to housing acquired,
rehabilitated, or assisted under any provision of this part shall be no
more restrictive than the standards applicable to any other program
administered by the Secretary.
(d) Applicability of section 5304(g)
The provisions of, and regulations and procedures applicable under,
section 5304(g) of this title shall apply to assistance and projects
under this part.
(e) GAO audits
Insofar as they relate to funds provided under this section, the
financial transactions of grantees and project sponsors may be audited
by the General Accounting Office under such rules and regulations as may
be prescribed by the Comptroller General of the United States. The
representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, files, and other papers, things,
or property belonging to, or in use by, such grantees and project
sponsors pertaining to the financial transactions and necessary to
facilitate the audit.
(Pub. L. 100-77, title IV, 407, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4339.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11368. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this subchapter
such sums as may be necessary. Any amount appropriated under this
section shall remain available until expended.
(Pub. L. 100-77, title IV, 408, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4340.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11369. Reports to Congress
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall submit annually to the Congress a report
summarizing the activities carried out under this subchapter and setting
forth the findings, conclusions, and recommendations of the Secretary as
a result of the activities. The report shall summarize and assess the
results of performance reports provided in accordance with section
11366(g) of this title. The report shall be submitted not later than 6
months after the end of each fiscal year.
(Pub. L. 100-77, title IV, 409, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4340.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- Part B -- Approved Activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11371. Homelessness prevention
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Definition
Assistance to help very low-income families avoid becoming homeless
may include activities other than those that the Secretary has found to
be inconsistent with the purposes of this chapter.
(b) Limitation on financial assistance
A grantee may provide financial assistance to very low-income
families who have received eviction notices or notices of termination of
utility services if --
(1) the inability of the family to make the required payments is due
to a sudden reduction in income;
(2) the assistance is necessary to avoid the eviction or termination
of services;
(3) there is a reasonable prospect that the family will be able to
resume payments within a reasonable period of time; and
(4) the assistance will not supplant funding for preexisting
homelessness prevention activities from other sources.
(Pub. L. 100-77, title IV, 411, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4340.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482, known as
the Stewart B. McKinney Homeless Assistance Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 11301 of this title and Tables.
Another section 11371, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11372. Emergency shelter
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) ''Emergency shelter'' defined
A project shall be considered ''emergency shelter'' if it is designed
to provide overnight sleeping accommodations for homeless persons. An
emergency shelter may include appropriate eating and cooking
accommodations.
(b) Minimum standards of habitability
The Secretary shall prescribe such minimum standards of habitability
as the Secretary determines to be appropriate to ensure that emergency
shelters assisted under this section are environments that provide
appropriate privacy, safety, and sanitary and other health-related
conditions for homeless persons and families. Grantees are authorized
to establish standards of habitability in addition to those prescribed
by the Secretary.
(c) Types of assistance
A grantee may provide the following assistance to a project sponsor
of emergency shelter:
(1) a grant for the renovation, major rehabilitation, or conversion
of buildings to be used as emergency shelters;
(2) a grant for the provision of supportive services if such services
do not supplant any services provided by the local government during any
part of the immediately preceding 12-month period; and
(3) annual payments for maintenance, operation, insurance, utilities,
and furnishings.
(d) Program requirements
A grantee may approve assistance for a project under this subsection
only if the project sponsor has agreed that it will --
(1) in the case of assistance involving major rehabilitation or
conversion of a building, maintain the building as a shelter for
homeless persons and families for not less than a 10-year period;
(2) in the case of assistance involving rehabilitation (other than
major rehabilitation or conversion of a building), maintain the building
as a shelter for homeless persons and families for not less than a
3-year period;
(3) in the case of assistance involving only activities described in
paragraphs (2) and (3) of subsection (c) of this section, provide
services or shelter to homeless persons and families at the original
site or structure or other sites or structures serving the same general
population for the period during which such assistance is provided;
(4) comply with the standards of habitability prescribed by the
Secretary and (if applicable) the State or unit of general local
government; and
(5) assist homeless persons in obtaining --
(A) appropriate supportive services, including permanent housing,
medical and mental health treatment, counseling, supervision, and other
services essential for achieving independent living; and
(B) other Federal, State, local, and private assistance available for
homeless persons.
(Pub. L. 100-77, title IV, 412, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4341.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11372, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11373. Transitional housing for homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) ''Traditional housing'' defined
A project shall be considered ''transitional housing'' if it is
designed to facilitate the movement of homeless persons to independent
living within 24 months (or such longer period as the Secretary
determines is necessary to facilitate the transition of homeless persons
to independent living). Transitional housing includes housing primarily
designed to serve deinstitutionalized homeless persons and other
homeless persons with mental disabilities, and homeless families with
children.
(b) Types of assistance
A grantee may provide the following assistance to a project sponsor
of transitional housing:
(1) A grant for the cost of acquisition, substantial rehabilitation,
or acquisition and rehabilitation of an existing structure for use as
transitional housing. The repayment of any outstanding debt owed on a
loan made to purchase an existing structure shall be considered to be a
cost of acquisition eligible for an advance under this paragraph if the
structure was not used as transitional housing prior to the receipt of
assistance.
(2) A grant for moderate rehabilitation of an existing structure for
use as transitional housing.
(3) A grant, in an amount not to exceed $400,000, for the new
construction of a structure for use in the provision of supportive
housing.
(4) Annual payments for operating costs of transitional housing
(including transitional housing that is newly constructed with
assistance provided from sources other than this chapter) not to exceed
75 percent of the annual operating costs of such housing.
(5) Technical assistance in --
(A) establishing transitional housing in an existing structure;
(B) operating transitional housing in existing structures and in
structures that are newly constructed with assistance provided from
sources other than this chapter; and
(C) providing supportive services to the residents of transitional
housing (including transitional housing that is newly constructed with
assistance provided from sources other than this chapter).
(6) A grant for establishing and operating an employment assistance
program for the residents of transitional housing, which shall include
--
(A) employment of residents in the operation and maintenance of the
housing; and
(B) the payment of the transportation costs of residents to places of
employment.
(7) A grant to establish and operate a child care services program
for homeless families as follows:
(A) A program under this paragraph shall include --
(i) establishing, licensing, and operating an on-site child care
facility for the residents of transitional housing; or
(ii) making contributions for the child care costs of residents of
transitional housing to existing community child care programs and
facilities; and
(iii) counseling designed to inform the residents of transitional
housing of public and private child care services for which they are
eligible.
(B) A grant under this paragraph for any child care services program
shall not exceed the amount equal to 75 percent of the cost of operating
the program for a period of up to 5 years.
(C) Child care services provided with respect to a child care
services program assisted under this paragraph shall meet any applicable
State and local laws and regulations.
A project sponsor may receive assistance under both paragraphs (1)
and (2).
(c) Program requirements
(1) Required agreements
A grantee may approve assistance for a project under this section
only if the project sponsor has agreed --
(A) to operate the proposed project as transitional housing for not
less than 10 years, except that in the case of any leased property
receiving assistance under this part other than for lease of the
property, assurances under this paragraph shall be made annually that
the project will be operated to assist homeless individuals for such
year;
(B) to conduct an ongoing assessment of the supportive services
required by the residents of the project;
(C) to provide such residential supervision as the Secretary
determines is necessary to facilitate the adequate provision of
supportive services to the residents of the project;
(D) to comply with such other terms and conditions as the Secretary
or grantee may establish for purposes of carrying out this program in an
effective and efficient manner.
(2) Occupant rent
Each homeless person residing in a facility assisted under this
section shall pay as rent an amount determined in accordance with the
provisions of section 1437a(a) of this title.
(3) Alternative use
A project may continue to be treated as transitional housing for
purposes of this subsection if the grantee determines that such project
is no longer needed for use as transitional housing and approves the use
of such project for the direct benefit of very low-income families.
(Pub. L. 100-77, title IV, 413, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4341.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11373, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11374. Permanent housing for homeless persons with
disabilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) ''Permanent housing for homeless persons with disabilities''
defined
A project shall be considered ''permanent housing for homeless
persons with disabilities'' if it provides community-based long-term
housing and supportive services for not more than 8 homeless persons
with disabilities (or 16 such persons, but only if not more than 20
percent of the units in a project are designated for such persons). The
Secretary may waive the limitation contained in the preceding sentence
if the grantee demonstrates that local market conditions dictate the
development of a larger project.
(b) Project design and siting
Each project assisted under this part shall be either a home designed
solely for housing persons with disabilities or dwelling units in a
multifamily housing project, condominium project, or cooperative
project. Not more than 1 home may be located on any 1 site and no such
home may be located on a site contiguous to another site containing such
a home.
(c) Types of assistance
A grantee may provide the following assistance to a project sponsor
of permanent housing for homeless persons with disabilities:
(1) A grant for the cost of acquisition, substantial rehabilitation,
or acquisition and rehabilitation of an existing structure for use as
permanent housing for homeless persons with disabilities. The repayment
of any outstanding debt owed on a loan made to purchase an existing
structure shall be considered to be a cost of acquisition eligible for a
grant under this paragraph if the structure was not used as permanent
housing for homeless persons with disabilities prior to the receipt of
assistance.
(2) A grant for moderate rehabilitation of an existing structure for
use as permanent housing for homeless persons with disabilities.
(3) A grant, in an amount not to exceed $400,000, for the new
construction of a structure for use in the provision of supportive
housing.
(4) Annual payments for operating costs for permanent housing for
homeless persons with disabilities (including permanent housing for
homeless persons with disabilities that is newly constructed with
assistance provided from sources other than this chapter), not to exceed
75 percent of the annual operating costs of such housing, and any
recipient may reapply for such assistance or for the renewal of such
assistance for use during the 10-year period under subsection (d) of
this section (unless such assistance is no longer necessary, in the
determination of the Secretary).
(5) Technical assistance in --
(A) establishing permanent housing for homeless persons with
disabilities in an existing structure;
(B) operating permanent housing for homeless persons with
disabilities in existing structures and in structures that are newly
constructed with assistance provided from sources other than this
chapter; and
(C) providing supportive services to the residents of permanent
housing for homeless persons with disabilities (including permanent
housing for homeless persons with disabilities that is newly constructed
with assistance provided from sources other than this chapter).
(d) Program requirements
(1) Required agreements
A grantee may approve assistance for any project under this section
only if the project sponsor has agreed --
(A) to operate the proposed project as permanent housing for homeless
persons with disabilities for not less than 10 years, except that in the
case of projects not receiving a grant under paragraph (1), (2), or (3)
of subsection (c) of this section, assurances under this subparagraph
shall be made annually that the project will be operated for the purpose
specified in the application for such year;
(B) to conduct an ongoing assessment of the supportive services
required by the residents of the project;
(C) to provide such residential supervision as the Secretary
determines is necessary to facilitate the adequate provision of
supportive services to the residents of the project; and
(D) to comply with such other terms and conditions as the Secretary
or grantee may establish for purposes of carrying out this program in an
effective and efficient manner.
(2) State participation
Each grantee providing assistance to a project under this section
shall transmit to the Secretary a letter of participation from the State
assuring that the State will facilitate the provision of necessary
supportive services to the residents of the project; /1/
(3) Occupant rent
Each homeless person residing in a project assisted under this
section shall pay as rent an amount determined in accordance with the
provisions of section 1437a(a) of this title.
(4) Alternative use
A project may continue to be treated as permanent housing for
homeless persons with disabilities for purposes of this subsection if
the grantee determines that such project is no longer needed for use as
such housing and approves the use of such project for the direct benefit
of very low-income families.
(5) Tenant selection
(A) In general
A project sponsor owner shall adopt written tenant selection
procedures that are satisfactory to the Secretary as (i) consistent with
the purpose of improving housing opportunities for very low-income
persons with disabilities; and (ii) reasonably related to program
eligibility and an applicant's ability to perform the obligations of the
lease. Project sponsors shall promptly notify in writing any rejected
applicant of the grounds for any rejection.
(B) Authority to limit occupancy
Notwithstanding any other provision of law, a project sponsor may,
with the approval of the grantee, limit occupancy within housing
developed under this section to persons with disabilities who have
similar disabilities and require a similar set of supportive services in
a supportive housing environment.
(6) Renewed funding for short-term lease projects
The Secretary may not provide assistance under paragraph (4) or (5)
of subsection (c) of this section to any project not receiving
assistance under paragraph (1), (2), or (3) of such subsection unless
assurances have been made under paragraph (1)(A) of this subsection that
the project will be operated for the purpose specified in the
application for the year for which such assistance is provided.
(Pub. L. 100-77, title IV, 414, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4343.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11374, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
/1/ So in original. The semicolon probably should be a period.
42 USC -- 11375. Transition to permanent housing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Use of grants
(1) In general
A grant under this section may be used by a grantee to provide grants
or loans to help eligible families make the transition to permanent
housing. A grantee may use assistance under this section to provide for
the payment by very low-income families of security deposits and the
cost of rent for a reasonable period of time.
(2) Technical assistance
The Secretary may provide informational and technical assistance to
units of general local government and housing agencies in organizing and
developing assistance programs under this section. For purposes of this
section, the term ''eligible family'' means a very low-income family who
has resided in emergency shelter or transitional housing and who meets
other conditions of eligibility as the Secretary determines to be
appropriate.
(3) Financial counseling
The grantee shall provide counseling regarding household finances and
budgeting to any family that receives a grant or loan under this
section.
(b) Limitation on financial assistance
A grantee may provide assistance to eligible families in the form of
a security deposit and the cost of rent for a reasonable period of time
if --
(1) the grantee determines that the rental charge for the subject
unit is reasonable in comparison with rents charged for comparable units
in the private, unassisted market;
(2) there is a regular income and a reasonable prospect that the
family will be able to sustain the rental payments for a reasonable
period of time and to repay any loan provided; and
(3) the eligible family has made reasonable efforts to receive
assistance under the program of aid to families with dependent children
under part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) or a similar local, State, or Federal public assistance program.
(c) Participating landlord
If an eligible family vacates the rental unit, a landlord
participating in this program shall return to the grantee any portion of
the security deposit (including reasonable interest) against which such
landlord does not have a claim. Any returned funds may be used by a
grantee in accordance with section 11363(a) of this title.
(Pub. L. 100-77, title IV, 415, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4345.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
The Social Security Act, referred to in subsec. (b)(3), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
the Act is classified generally to part A ( 601 et seq.) of subchapter
IV of chapter 7 of this title. For complete classification of this Act
to the Code, see section 1305 of this title and Tables.
Another section 11375, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11376. Development of additional approved activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary, in cooperation with grantees and other appropriate
parties, shall develop additional approved activities to carry out the
purposes of this subchapter.
(Pub. L. 100-77, title IV, 416, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4346.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11376, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- Part C -- Section 1437f Single Room Occupancy
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11381. Section 1437f assistance for single room occupancy
provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Use of funds
The amounts made available under this part shall be used only in
connection with the moderate rehabilitation of housing described in
section 1437f(n) of this title for occupancy by homeless persons, except
that such amounts may be used in connection with the moderate
rehabilitation of efficiency units if the building owner agrees to pay
the additional cost of rehabilitating and operating such units.
(b) Allocation
The amounts made available under this part shall be allocated by the
Secretary on the basis of a national competition among approvable
applications to the applicant public housing agencies or other
contracting agencies that best demonstrate a need for the assistance
under this section and the ability to undertake and carry out a program
to be assisted under this part. To be considered for assistance under
this section, an applicant shall submit to the Secretary a proposal
containing --
(1) a description of the size and characteristics of the population
within the applicant's jurisdiction that would occupy single room
occupancy dwellings;
(2) a listing of additional commitments from public and private
sources that the applicant might be able to provide in connection with
the program;
(3) an inventory of suitable housing stock to be rehabilitated with
such assistance; and
(4) a description of the interest that has been expressed by
builders, developers, and others (including profit and nonprofit
organizations) in participating in the program.
No single city or urban county shall be eligible to receive more than
10 percent of the assistance made available under this part.
(c) Fire and safety improvements
Each annual contribution contract entered into with the authority
provided under this part shall require the installation of a sprinkler
system that protects all major spaces, hard wired smoke detectors, and
such other fire and safety improvements as may be required by State or
local law. For purposes of this subsection, the term ''major spaces''
means hallways, large common areas, and other areas specified in local
fire, building, or safety codes.
(d) Cost limitation
(1) Per unit ceiling
The total cost of rehabilitation that may be compensated for in an
annual contribution contract entered into with the authority provided
under this part shall not exceed $15,000 per unit, plus the expenditures
required by this subsection.
(2) Authority to increase
The Secretary shall increase the limitation contained in paragraph
(1) by an amount the Secretary determines is reasonable and necessary to
accommodate special local conditions, including --
(A) high construction costs; or
(B) stringent fire or building codes.
(3) Annual adjustment
The Secretary shall increase the limitation in paragraph (1) on
October 1 of each year by an amount necessary to take into account
increases in construction costs during the previous 12-month period.
(e) Contract requirements
Each contract for annual contributions entered into with a public
housing agency or other contracting agency to obligate the authority
made available under this part shall --
(1) commit the Secretary to make such authority available to the
public housing agency or other contracting agency for an aggregate
period of 10 years, and require that any amendments increasing such
authority shall be available for the remainder of such 10-year period;
(2) provide the Secretary with the option to renew the contract for
an additional period of 10 years, subject to the availability of
appropriations; and
(3) provide that, notwithstanding any other provision of law, first
priority for occupancy of housing rehabilitated under this part shall be
given to homeless persons.
(Pub. L. 100-77, title IV, 421, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4346.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11381, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11382. Applicability to Indians
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Pursuant to section 1437aa(b) of this title, this part shall apply to
Indian tribes and Indian housing authorities.
(Pub. L. 100-77, title IV, 422, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4347.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11382, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- Part D -- Shelter Plus Care Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- subpart i -- shelter plus care: general requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11391. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of the program authorized under this part is to provide
rental housing assistance, in connection with supportive services funded
from sources other than this part, to homeless persons with disabilities
(primarily persons who are seriously mentally ill, have chronic problems
with alcohol, drugs, or both, or have acquired immunodeficiency syndrome
and related diseases) and the families of such persons.
(Pub. L. 100-77, title IV, 431, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4347.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11391, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
Regulations
Section 821(b) of Pub. L. 101-625 provided that: ''Not later than
180 days after the date funds authorized under section 439 of the
Stewart B. McKinney Homeless Assistance Act (section 11399 of this
title), as amended by this section, first become available for
obligation, the Secretary shall by notice establish such requirements as
may be necessary to carry out the provisions of subtitle D of title IV
of that Act (this part). Such requirements shall be subject to section
553 of title 5, United States Code. The Secretary shall issue
regulations based on the initial notice before the expiration of the
8-month period following the date of the notice. The Secretary shall
issue regulations based on the initial notice before the expiration of
the 8-month period following the date of the notice. (sic) In
developing program guidelines and regulations to implement such
subtitle, the Secretary of Housing and Urban Development may consult
with the Secretary of Health and Human Services with respect to
supportive services aspects of this subtitle (subtitle C ( 821-841) of
title VIII of Pub. L. 101-625, see Tables for classification).''
42 USC -- 11392. Rental housing assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary is authorized, in accordance with the provisions of
this part, to provide rental housing assistance under subparts II, III,
and IV of this part.
(b) Funding limitations
To the maximum extent practicable, the Secretary shall reserve not
less than 50 percent of all funds provided under this part for homeless
individuals who are seriously mentally ill or have chronic problems with
alcohol, drugs, or both.
(Pub. L. 100-77, title IV, 432, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4348.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11392, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11393. Supportive services requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Matching funding
(1) In general
Each recipient shall be required to supplement the assistance
provided under this part with an equal amount of funds for supportive
services from sources other than this part. Each recipient shall
certify to the Secretary its compliance with this paragraph, and shall
include with the certification a description of the sources and amounts
of such supplemental funds.
(2) Determination of matching amounts
In calculating the amount of supplemental funds provided under this
part, a recipient may include the value of any lease on a building, any
salary paid to staff to carry out the program of the recipient, and the
value of the time and services contributed by volunteers to carry out
the program of the recipient at a rate determined by the Secretary.
(b) Recapture
If the supportive services and funding for the supportive services
required by this section are not provided, the Secretary may recapture
any unexpended housing assistance.
(Pub. L. 100-77, title IV, 433, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4348.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11393, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11394. Applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
An application for rental housing assistance under this part shall be
submitted by an applicant in such forms and in accordance with such
procedures as the Secretary shall establish.
(b) Minimum contents
The Secretary shall require that an application identify the need for
the assistance in the community to be served and shall contain at a
minimum --
(1) a request for housing assistance under subpart II, III, or IV of
this part, or a combination, specifying the number of units requested
and the amount of necessary budget authority;
(2) a description of the size and characteristics of the population
of eligible persons;
(3) an identification of the need for the program in the community to
be served;
(4) the identity of the proposed service provider or providers (which
may be, or include, the applicant) and a statement of the qualifications
of the provider or providers;
(5) a description of the supportive services that the applicant
proposes to assure will be available for eligible persons;
(6) a description of the resources that are expected to be made
available to provide the supportive services required by section 11393
of this title;
(7) a description of the mechanisms for developing a housing and
supportive services plan for each person and for monitoring each
person's progress in meeting that plan;
(8) reasonable assurances satisfactory to the Secretary that the
supportive services will be provided for the full term of the housing
assistance under subpart II, III, or IV of this part, or a combination;
and a certification from the applicant that it will fund the supportive
services itself if the planned resources do not become available for any
reason;
(9) a certification by the public official responsible for submitting
the comprehensive housing affordability strategy under section 12705 of
this title that the proposed activities are consistent with the approved
housing strategy of the unit of general local government within which
housing assistance under this part will be provided;
(10) a plan for --
(A) in the case of rental housing assistance under subpart II of this
part, providing housing assistance;
(B) identifying and selecting eligible persons to participate,
including a proposed definition of the term ''chronic problems with
alcohol, other drugs, or both'';
(C) coordinating the provision of housing assistance and supportive
services;
(D) ensuring that the service providers are providing supportive
services adequate to meet the needs of the persons served;
(E) obtaining participation of eligible persons who have previously
not been assisted under programs designed to assist the homeless or have
been considered not capable of participation in these programs; this
plan shall specifically address how homeless persons, as defined in
section 11302(a)(2)(C) of this title, (and the families of such persons)
will be brought into the program;
(11) in the case of housing assistance under subpart III of this
part, identification of the specific structures that the recipient is
proposing for rehabilitation and assistance; and
(12) in the case of housing assistance under subpart IV of this part,
identification of the nonprofit entity that will be the owner or lessor
of the property, and identification of the specific structures in which
the nonprofit entity proposes to house eligible persons.
(Pub. L. 100-77, title IV, 434, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4348.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11394, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11395. Selection criteria
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall establish selection criteria for a national
competition for assistance under this part, which shall include --
(1) the ability of the applicant to develop and operate the proposed
assisted housing and supportive services program, taking into account
the quality of any ongoing program of the applicant;
(2) geographic diversity among the projects to be assisted;
(3) the need for a program providing housing assistance and
supportive services for eligible persons in the area to be served;
(4) the quality of the proposed program for providing supportive
services and housing assistance;
(5) the extent to which the proposed funding for the supportive
services is or will be available;
(6) the extent to which the project would meet the needs of the
homeless persons proposed to be served by the program;
(7) the extent to which the program integrates program recipients
into the community served by the program; and /1/
(8) the cost-effectiveness of the proposed program; and
(9) such other factors as the Secretary specifies in regulations to
be appropriate for purposes of carrying out the program established by
this part in an effective and efficient manner.
(b) Funding limitation
No more than 10 percent of the assistance made available under this
part for any fiscal year may be used for programs located within any one
unit of general local government.
(Pub. L. 100-77, title IV, 435, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4349.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
/1/ So in original. The word ''and'' probably should not appear.
42 USC -- 11396. Required agreements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may not approve assistance under this part unless the
applicant agrees --
(1) to operate the proposed program in accordance with the provisions
of this part;
(2) to conduct an ongoing assessment of the housing assistance and
supportive services required by the participants in the program;
(3) to assure the adequate provision of supportive services to the
participants in the program; and
(4) to comply with such other terms and conditions as the Secretary
may establish for purposes of carrying out the program in an effective
and efficient manner.
(Pub. L. 100-77, title IV, 436, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4350.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11397. Termination of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
If an eligible individual who receives assistance under this part
violates program requirements, the recipient may terminate assistance in
accordance with the process established pursuant to subsection (b) of
this section.
(b) Procedure
In terminating assistance under this section, the recipient shall
provide a formal process that recognizes the rights of individuals
receiving such assistance to due process of law.
(Pub. L. 100-77, title IV, 437, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4350.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11398. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) The term ''acquired immunodeficiency syndrome and related
diseases'' has the same meaning given that term in section 12902 of this
title.
(2) The term ''applicant'' means --
(A) in the case of rental housing assistance under subparts II and IV
of this part, a State, unit of general local government, or Indian
tribe; and
(B) in the case of single room occupancy housing under the section 8
(42 U.S.C. 1437f) moderate rehabilitation program under subpart III of
this part (i) a State, unit of general local government, or Indian tribe
(that shall be responsible for assuring the provision of supportive
services and the overall administration of the program), and (ii) a
public housing agency (that shall be primarily responsible for
administering the housing assistance under subpart III of this part).
(3) The term ''eligible person'' means a homeless person with
disabilities (primarily persons who are seriously mentally ill, have
chronic problems with alcohol, drugs, or both, or have acquired
immunodeficiency syndrome and related diseases) and the family of such a
person.
(4) The term ''Indian tribe'' has the meaning given such term in
section 5302 of this title.
(5) The term ''person with disabilities'' has the same meaning given
the term in section 8013 of this title.
(6) The term ''public housing agency'' has the meaning given such
term in section 1437a(b)(6) of this title.
(7) The term ''recipient'' means an applicant approved for
participation in the program authorized under this part.
(8) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(9) The term ''seriously mentally ill'' means having a severe and
persistent mental or emotional impairment that seriously limits a
person's ability to live independently.
(10) The term ''State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and any other territory or possession
of the United States.
(11) The term ''supportive services'' means assistance that the
Secretary determines (A) addresses the special needs of eligible
persons; and (B) provides appropriate services or assists such persons
in obtaining appropriate services, including health care, mental health
services, substance and alcohol abuse services, child care services,
case management services, counseling, supervision, education, job
training, and other services essential for achieving and maintaining
independent living. In-patient acute hospital care shall not qualify as
a supportive service.
(13) /1/ The term ''unit of general local government'' has the
meaning given such term in section 5302 of this title.
(Pub. L. 100-77, title IV, 438, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4350.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
/1/ So in original. Probably should be ''(12)''.
42 USC -- 11399. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
For purposes of the housing program under subpart II of this part,
there are authorized to be appropriated such sums as may be necessary.
(b) Subpart III
For purposes of the housing program under subpart III of this part,
the budget authority available under section 1437c(c) of this title for
assistance under section 1437f(e)(2) /1/ of this title is authorized to
be increased by such sums as may be necessary.
(c) Subpart IV
For purposes of the housing program under subpart IV of this part,
there are authorized to be appropriated such sums as may be necessary.
(d) Availability
Sums appropriated under this section shall remain available until
expended.
(Pub. L. 100-77, title IV, 439, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4351.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Section 1437f(e)(2) of this title, referred to in subsec. (b), was
repealed effective Oct. 1, 1991, but to remain in effect with respect
to single room occupancy dwellings as authorized by this subchapter, see
section 12839(b) of this title.
Section 821(c) of Pub. L. 101-625 provided that: ''Amounts
appropriated for use under subtitle D of title IV of the Stewart B.
McKinney Homeless Assistance Act (former part D of this subchapter), as
it existed immediately before the effective date of the amendment made
by this section (see section 823(a) of Pub. L. 101-625, set out as a
note under section 11361 of this title), that are or become available
for obligation shall be available for use under subtitle D of title IV
of the Stewart B. McKinney Homeless Assistance Act (this part), as
amended by this section.''
/1/ See References in Text note below.
42 USC -- subpart ii -- shelter plus care: homeless rental housing
assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11401. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to use amounts made available under
section 11399(a) of this title to provide rental housing assistance in
accordance with the requirements of this subpart.
(Pub. L. 100-77, title IV, 441, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4351.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11401, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11401a. Housing assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Where necessary to assure that the provision of supportive services
to persons is feasible, a recipient may require that a person
participating in the program live (1) in a particular structure or unit
for up to the first year of participation, and (2) within a particular
geographic area for the full period of participation or the period
remaining after the period referred to in paragraph /1/ (1).
(Pub. L. 100-77, title IV, 442, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4352.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 442 of Pub. L. 100-77 amended section 5302 of this
title.
/1/ So in original. Probably should be ''clause''.
42 USC -- 11402. Amount of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The contract with a recipient for assistance under this subpart shall
be for a term of 5 years. Each contract shall provide that the
recipient shall receive aggregate amounts not to exceed the appropriate
existing housing fair market rent limitation under section 1437f(c) of
this title in effect at the time the application is approved. At the
option of the recipient and subject to the availability of such amounts,
the recipient may receive in any year (1) up to 25 percent of such
amounts or (2) such higher percentage as the Secretary may approve upon
a demonstration satisfactory to the Secretary that the recipient has
entered into firm financial commitments to ensure that the housing
assistance described in the application will be provided for the full
term of the contract. Any amounts not needed for a year may be used to
increase the amount available in subsequent years. Each recipient shall
ensure that the assistance provided by the Secretary, and any amounts
provided from other sources, are managed so that the housing assistance
described in the application is provided for the full term of the
assistance.
(Pub. L. 100-77, title IV, 443, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4352.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11402, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11402a. Housing standards and rent reasonableness
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Standards required
The Secretary shall require that --
(1) before any assistance may be provided to or on behalf of the
person, each unit shall be inspected by the applicant directly or by
another entity, including the local public housing agency (or if no such
agency exists in the applicable area, an entity selected by the
Secretary), to determine that the unit meets the housing quality
standards under section 1437f of this title and that the occupancy
charge for the dwelling unit is reasonable; and
(2) the recipient shall make at least annual inspections of each unit
during the contract term.
(b) Prohibition
No assistance may be provided for a dwelling unit (1) for which the
occupancy charge is not reasonable, or (2) which fails to meet the
housing standards, unless the owner promptly corrects the deficiency and
the recipient verifies the correction.
(Pub. L. 100-77, title IV, 444, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4352.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11402b. Tenant rent
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each tenant shall pay as rent an amount determined in accordance with
the provisions of section 1437a(a)(1) of this title.
(Pub. L. 100-77, title IV, 445, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4352.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- 11402c. Administrative fees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
From amounts made available under appropriations Acts, the Secretary
shall make amounts available to pay the entity administering the housing
assistance an administrative fee in an amount determined appropriate by
the Secretary for the costs of administering the housing assistance.
(Pub. L. 100-77, title IV, 446, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4352.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
42 USC -- subpart iii -- shelter plus care: section 1437f moderate
rehabilitation assistance for single room occupancy dwellings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11403. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to use amounts made available under
section 11399(b) of this title only in connection with the moderate
rehabilitation of single room occupancy housing described in section
1437f(n) of this title for occupancy by homeless persons. However,
amounts made available under section 11399(b) of this title may be used
in connection with the moderate rehabilitation of efficiency units if
the building owner agrees to pay the additional cost of rehabilitating
and operating the efficiency units.
(Pub. L. 100-77, title IV, 451, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4353.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11403, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- 11403a. Fire and safety improvements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each contract for housing assistance payments entered into using the
authority provided under section 11399(b) of this title shall require
the installation of a sprinkler system that protects all major spaces,
hard-wired smoke detectors, and such other fire and safety improvements
as may be required by State or local law. For purposes of this section,
the term ''major spaces'' means hallways, large common areas, and other
areas specified in local fire, building, or safety codes.
(Pub. L. 100-77, title IV, 452, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4353.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11403a, effective until the later of Oct. 1, 1992,
or the date specified by a statute adopting a proposed allocation
formula, is set out in subchapter IV preceding this subchapter.
42 USC -- 11403b. Contract requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each contract for annual contributions entered into by the Secretary
with a public housing agency to obligate the authority made available
under section 11399(b) of this title shall --
(1) commit the Secretary to make the authority available to the
public housing agency for an aggregate period of 10 years, and require
that any amendments increasing the authority shall be available for the
remainder of such 10-year period;
(2) provide the Secretary with the option to renew the contract for
an additional period of 10 years, subject to the availability of
authority; and
(3) provide that, notwithstanding any other provision of law, first
priority for occupancy of housing rehabilitated under this subpart shall
be given to homeless persons.
(Pub. L. 100-77, title IV, 453, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4353.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11403b, effective until the later of Oct. 1, 1992,
or the date specified by a statute adopting a proposed allocation
formula, is set out in subchapter IV preceding this subchapter.
42 USC -- 11403c. Occupancy
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Occupancy agreement
The occupancy agreement between the tenant and the owner shall be for
at least one month.
(b) Vacancy payments
If an eligible person vacates a dwelling unit before the expiration
of the occupancy agreement, no assistance payment may be made with
respect to the unit after the month during which the unit was vacated,
unless it is occupied by another eligible person.
(Pub. L. 100-77, title IV, 454, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4353.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11403c, effective until the later of Oct. 1, 1992,
or the date specified by a statute adopting a proposed allocation
formula, is set out in subchapter IV preceding this subchapter.
42 USC -- subpart iv -- shelter plus care: section 1701q rental
assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11404. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to use amounts made available under
section 11399(c) of this title only in connection with the provision of
rental housing assistance under section 1701q of title 12 in fiscal year
1991 or section 8013 of this title in fiscal year 1992 for very
low-income eligible persons. The contract between the Secretary and the
recipient shall require the recipient to enter into contracts with
owners or lessors of housing meeting the requirements of section 1701q
of title 12 or section 8013 /1/ of this title for the purpose of
providing such rental housing assistance.
(Pub. L. 100-77, title IV, 461, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4353.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Section 8013 of this title, the second time appearing in text, was in
the original ''section 611'', and was translated as reading ''section
811'', meaning section 811 of Pub. L. 101-625, to reflect the probable
intent of Congress.
Another section 11404, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
/1/ See References in Text note below.
42 USC -- 11404a. Amount of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The contract with a recipient of assistance under this subpart shall
be for a term of 5 years. Each contract shall provide that the
recipient shall receive aggregate amounts not to exceed the appropriate
existing housing fair market rent limitation under section 1437f(c) of
this title in effect at the time the application is approved. Each
recipient shall ensure that the assistance provided by the Secretary,
and any amounts provided from other sources, are managed so that the
housing assistance described in the application is provided for the full
term of the assistance.
(Pub. L. 100-77, title IV, 462, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4354.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11404a, effective until the later of Oct. 1, 1992,
or the date specified by a statute adopting a proposed allocation
formula, is set out in subchapter IV preceding this subchapter.
42 USC -- 11404b. Housing standards and rent reasonableness
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall require that (1) the recipient inspect each unit
before any assistance may be provided to or on behalf of the person to
determine that the occupancy charge for the housing being or to be
provided is reasonable and that each unit meets housing standards
established by the Secretary for the purpose of this subpart, and (2)
the recipient make at least annual inspections of each unit during the
contract term.
(b) Prohibition
No assistance may be provided for a dwelling unit (1) for which the
occupancy charge is not reasonable, or (2) which fails to meet the
housing standards, unless the owner or lessor, as the case may be,
promptly corrects the deficiency and the recipient verifies the
correction.
(Pub. L. 100-77, title IV, 463, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4354.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11404b, effective until the later of Oct. 1, 1992,
or the date specified by a statute adopting a proposed allocation
formula, is set out in subchapter IV preceding this subchapter.
42 USC -- 11404c. Administrative fees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
From amounts made available under appropriations Acts, the Secretary
shall make amounts available to pay the nonprofit entity that is the
owner or lessor of the housing assisted under this subpart an
administrative fee in an amount determined appropriate by the Secretary
for the costs of administering the housing assistance.
(Pub. L. 100-77, title IV, 464, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4354.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11404c, effective until the later of Oct. 1, 1992,
or the date specified by a statute adopting a proposed allocation
formula, is set out in subchapter IV preceding this subchapter.
42 USC -- Part E -- Miscellaneous
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11405. Environmental review
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The provisions of, and the regulations and procedures applicable
under, section 5304(g) of this title shall apply to assistance and
projects under this subchapter.
(Pub. L. 100-77, title IV, 471, as added Pub. L. 101-625, title
VIII, 821(a), Nov. 28, 1990, 104 Stat. 4354.)
Section effective on the later of Oct. 1, 1992, or the date
specified by a statute adopting a proposed allocation formula, see note
set out preceding section 11361 of this subchapter.
Another section 11405, effective until the later of Oct. 1, 1992, or
the date specified by a statute adopting a proposed allocation formula,
is set out in subchapter IV preceding this subchapter.
42 USC -- SUBCHAPTER V -- IDENTIFICATION AND USE OF SURPLUS FEDERAL
PROPERTY
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11411. Use of unutilized and underutilized public buildings
and real property to assist the homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Identification of suitable property
The Secretary of Housing and Urban Development shall, on a quarterly
basis, request information from each landholding agency regarding
Federal public buildings and other Federal real properties (including
fixtures) that are excess property or surplus property or that are
described as unutilized or underutilized in surveys by the heads of
landholding agencies under section 483(b)(2) of title 40. No later than
25 days after receiving a request from the Secretary, the head of each
landholding agency shall transmit such information to the Secretary. No
later than 30 days after receiving such information, the Secretary shall
identify which of those buildings and other properties are suitable for
use to assist the homeless.
(b) Availability of property
(1) The Secretary shall promptly notify each Federal agency with
respect to any property of that agency that the Secretary has identified
under subsection (a) of this section. No later than 45 days after
receipt of such a notice, the head of the appropriate landholding agency
shall transmit to the Secretary the agency's response to property
identifications contained in such notification, which shall include --
(A) in the case of unutilized or underutilized property --
(i) a statement of intention to determine the property excess to the
agency's needs;
(ii) a statement of intention to make the property available for use
to assist the homeless; or
(iii) a statement of the reasons (including a full explanation of the
need) the property cannot be determined excess to the agency's needs or
made available for use to assist the homeless; and
(B) in the case of excess property --
(i) a statement that there is no other compelling Federal need for
the property and, therefore, the property will be determined surplus;
or
(ii) a statement that there is further and compelling Federal need
for the property (including a full explanation of such need) and that,
therefore, the property is not presently available for use to assist the
homeless.
(2)(A) All properties identified by the Secretary under subsection
(a) of this section shall be available for application --
(i) in the case of property other than surplus property, for use to
assist the homeless in accordance with the provisions of this section;
and
(ii) in the case of surplus property, for use to assist the homeless
either in accordance with this section or as a public health use in
accordance with paragraphs (1) and (4) of section 484(k) of title 40.
(3) The Secretary shall maintain a written public record of --
(A) the identification of buildings and other properties by the
Secretary under this subsection and the reasons for such
identifications; and
(B) the responses of landholding agencies to such identifications.
(c) Publication of properties
(1)(A) No later than 15 days after the last day of the 45-day period
provided for under subsection (b)(1) of this section, the Secretary
shall publish in the Federal Register --
(i) a list of all properties reviewed by the Secretary under
subsection (a) of this section; and
(ii) a list of all properties that are available under subsection
(b)(2) of this section for application for use to assist the homeless.
(B) Each publication of properties shall include a description and
the location of each property (including the address and zip code) and
the current classification of each property as unutilized,
underutilized, excess property, or surplus property.
(C) The Secretary shall make available to the public upon request all
information in the possession of the Department of Housing and Urban
Development (other than valuation information), regardless of format,
about all properties reviewed and not identified as being suitable for
use to assist the homeless, including the reasons such properties were
not so identified.
(D) The Secretary shall publish separately, on an annual basis, all
properties identified as being suitable for use to assist the homeless,
but reported to be unavailable, and the reasons such properties were
unavailable.
(2)(A) No later than 15 days after the last day of the 45-day period
provided for under subsection (b)(1) of this section, the Secretary
shall transmit a copy of the list of available properties published
under paragraph (1)(A)(ii) to the Interagency Council on the Homeless.
The Council shall immediately distribute to all State and regional
homeless coordinators area-relevant portions of the list.
(B) The Secretary, the Administrator, and the Secretary of Health and
Human Services shall make such efforts as are necessary to ensure the
widest possible dissemination of the information on such list.
(C) The Secretary shall establish a toll-free number to provide the
public with specific information about properties on such list.
(3) The Secretary shall make available to the public upon request all
information (other than valuation information) regardless of format in
the possession of the Department of Housing and Urban Development about
the properties published under paragraph (1)(A), including environmental
assessment data. The Secretary shall maintain a current list of agency
contacts for making referrals of inquiries for information about
specific properties.
(4)(A) On December 31 of each year, the head of each landholding
agency shall report to the Secretary the current availability status and
the current classification of each property controlled by the agency,
that --
(i) was included in a list published in that year by the Secretary
under paragraph (1)(A)(ii); and
(ii) remains available for application for use to assist the homeless
or has become available for application during that year.
(B) No later than February 15 each year, the Secretary shall publish
in the Federal Register a list of all properties reported under
subparagraph (A) for the preceding year and the current classification
of the properties.
(C) For purposes of subparagraph (A), property shall be considered to
remain available for application for use to assist the homeless if,
subsequent to the 60-day holding period provided under subsection (d) of
this section --
(i) no application or written expression of interest has been made
under any law for use of the property for any purpose; and
(ii) the Administrator has not received a bona fide offer to purchase
the property or advertised for the sale of the property by public
auction.
(d) Holding period
(1) Properties published under subsection (c)(1)(A)(ii) of this
section as available for application for use to assist the homeless
shall not be available for any other purpose for a period of 60 days
beginning on the date of such publication.
(2) If written notice of intent to apply for such a property for use
to assist the homeless is received by the Secretary of Health and Human
Services within the 60-day period described under paragraph (1), such
property may not be made available for any other purpose until the date
the Secretary of Health and Human Services or other appropriate
landholding agency has completed action on the application submitted
under subsection (e) of this section with respect to that written notice
of intent.
(3) Property that is reviewed by the Secretary under subsection (a)
of this section and that is not identified by the Secretary as being
suitable for use to assist the homeless may not be made available for
any other purpose for 20 days after the determination of unsuitability
to allow for review of the determination at the request of the
representative of the homeless. The Secretary shall disseminate
immediately this information to the regional offices of the Department
of Housing and Urban Development and to the Interagency Council on the
Homeless.
(4)(A) Written notice of intent to apply for a property published
under subsection (c)(1)(A)(ii) of this section may be filed at any time
after the 60-day period described in paragraph (1) has expired. In such
case, an application submitted pursuant to the notice may be approved
for disposal for use to assist the homeless only if the property remains
available for application for use to assist the homeless. If the
property remains available, the use to assist the homeless shall be
given priority of consideration over other competing disposal
opportunities under section 484 of title 40, except as provided in
subsection (f)(3)(A) of this section.
(B) Surplus property for which an application has been approved shall
be assigned promptly to the Secretary of Health and Human Services for
disposition in accordance with and subject to subsection (f) of this
section.
(e) Application for property
(1) A representative of the homeless may submit an application to the
Secretary of Health and Human Services for any property that is
published under subsection (c)(1)(A)(ii) of this section as available
for application for use to assist the homeless.
(2) No later than 90 days after the submission of written notice of
intent to apply for a property, an applicant shall submit a complete
application to the Secretary of Health and Human Services. The
Secretary of Health and Human Services shall, with the concurrence of
the appropriate landholding agency, grant reasonable extensions.
(3) No later than 25 days after receipt of a completed application,
the Secretary of Health and Human Services shall review, make all
determinations, and complete all actions on the application. The
Secretary of Health and Human Services shall maintain a written public
record of all actions taken in response to an application.
(f) Making property available to representatives of homeless
(1) Subject to the provisions of this subsection, property for which
the Secretary of Health and Human Services has approved an application
under subsection (e) of this section shall be made promptly available by
permit or lease, or by deed as a public health use under paragraphs (1)
and (4) of section 484(k) of title 40, to the representative of the
homeless that submitted the application.
(2) Unutilized /1/ underutilized property that is the subject of an
agency's statement of intention under subsection (b)(1)(A)(ii) of this
section shall be made promptly available by the appropriate landholding
agency to the approved applicant by lease or permit for a term of not
less than 1 year, unless the applicant requests a shorter term.
(3)(A) In disposing of surplus property by deed or lease under
section 484 of title 40, the Administrator and the Secretary of Health
and Human Services shall give priority of consideration to uses to
assist the homeless, unless the Administrator or the Secretary of Health
and Human Services determines that a competing request for the property
under section 484(k) of title 40 is so meritorious and compelling as to
outweigh the needs of the homeless.
(B) Whenever the Administrator or the Secretary of Health and Human
Services makes a determination under subparagraph (A), the Administrator
or the Secretary of Health and Human Services shall transmit to the
appropriate committees of the Congress an explanatory statement
detailing the need satisfied by conveyance of the surplus property and
the reasons for determining that such need was so meritorious and
compelling as to outweigh the needs of the homeless.
(4) For any property made available by lease to a representative of
the homeless before November 29, 1990, the Secretary of Health and Human
Services may, upon written request by the representative, convey such
property by deed to the representative in accordance with, and subject
to the requirements of, section 484(k) of title 40. The lease term
shall not be affected if a deed is not granted.
(g) Records
The Secretary shall maintain a written public record of --
(1) the reasons for determinations of the Secretary under this
section that property is suitable or unsuitable for use to assist the
homeless; and
(2) the responses of landholding agencies under subsection (b)(1) of
this section.
(h) Definitions
For purposes of this section --
(1) the term ''Administrator'' means the Administrator of General
Services;
(2) each of the terms ''excess property'' and ''surplus property''
has the meaning given that term under section 472 of title 40;
(3) the term ''landholding agency'' means a Federal department or
agency with statutory authority to control real property;
(4) the term ''representative of the homeless'' means a State or
local government agency, or private nonprofit organization, which
provides services to the homeless; and
(5) the term ''Secretary'' means the Secretary of Housing and Urban
Development, except as otherwise provided.
(Pub. L. 100-77, title V, 501, July 22, 1987, 101 Stat. 509; Pub.
L. 100-628, title V, 501, Nov. 7, 1988, 102 Stat. 3240; Pub. L.
101-645, title IV, 401(a), Nov. 29, 1990, 104 Stat. 4719.)
1990 -- Pub. L. 101-645 amended section generally, substituting
present provisions consisting of subsecs. (a) to (h) for former
provisions consisting of subsecs. (a) to (e).
1988 -- Pub. L. 100-628, 501(1), substituted ''unutilized and
underutilized'' for ''underutilized'' in section catchline.
Subsec. (a). Pub. L. 100-628, 501(2), substituted ''unutilized or
underutilized'' for ''underutilized'' in heading and text and inserted
'', within 2 months after collecting such information,'' before ''shall
identify'' in text.
Subsec. (b)(1). Pub. L. 100-628, 501(3)(A), inserted ''or to make
the property available, on an interim basis, for use as facilities to
assist the homeless'' after ''agency's need''.
Subsec. (b)(2). Pub. L. 100-628, 501(3)(B), inserted before period
at end ''or made available on an interim basis for use as facilities to
assist the homeless''.
Subsec. (d). Pub. L. 100-628, 501(4)(A), struck out ''by lease''
after ''property'' in heading.
Subsec. (d)(1). Pub. L. 100-628, 501(4)(B), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''Federal
buildings or property may be made available under this section only
through the use of leases for at least 1 year. Ownership of the
buildings and property shall not be transferred from the Federal
Government.''
Subsec. (d)(2). Pub. L. 100-628, 501(4)(C), substituted ''With
respect to property identified under subsection (a) which has been
designated as surplus property,'' for ''To permit leases of surplus
Federal buildings and other real property under this section,''.
Section 401(b) of Pub. L. 101-645 provided that: ''The amendment
made by subsection (a) (amending this section) shall be effective 90
days after the date of the enactment of this Act (Nov. 29, 1990).''
Section 401(d) of Pub. L. 101-645 provided that: ''No later than 90
days after the date of the enactment of this Act (Nov. 29, 1990), the
Administrator of General Services, the Secretary of Health and Human
Services, and the Secretary of Housing and Urban Development shall
promulgate regulations implementing this section and the amendment made
by this section (amending this section and enacting provisions set out
as notes under this section).''
Section 401(c) of Pub. L. 101-645 provided that: ''For purposes of
section 501 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11411) (as amended by this Act) the terms 'unutilized' and
'underutilized' when used to describe property have the same meaning
such terms had before the date of the enactment of this Act (Nov. 29,
1990) under such section 501.''
/1/ So in original. Probably should be followed by ''or''.
42 USC -- 11412. Making surplus personal property available to
nonprofit agencies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Omitted
(b) Requirement for notification
Within 90 days after July 22, 1987, the Administrator of General
Services shall require each State agency administering a State plan
under section 484(j) of title 40 to make generally available information
about surplus personal property which may be used in the provision of
food, shelter, or other services to homeless individuals.
(c) Costs
Surplus personal property identified pursuant to this section shall
be made available to providers of assistance to homeless individuals by
a State agency distributing such property at (1) a nominal cost to such
organization or (2) at no cost when the Administrator agrees to
reimburse the State agency for the costs of care and handling of such
property.
(Pub. L. 100-77, title V, 502, July 22, 1987, 101 Stat. 510.)
Section is comprised of section 502 of Pub. L. 100-77. Subsec. (a)
of section 502 amended section 484(j)(3)(B) of Title 40, Public
Buildings, Property, and Works.
42 USC -- SUBCHAPTER VI -- EDUCATION, TRAINING, AND COMMUNITY SERVICES
PROGRAMS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- Part A -- Adult Education for Homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11421. State literacy initiatives
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
The Secretary of Education shall make grants to State educational
agencies to enable each such agency to implement, either directly or
through contracts and grants, a program of literacy training and basic
skills remediation for adult homeless individuals within the State,
which shall --
(1) include a program of outreach activities; and
(2) be coordinated with existing resources such as community-based
organizations, VISTA recipients, adult basic education program
recipients, and nonprofit literacy-action organizations.
(b) Application; estimate of number of homeless
Each State educational agency desiring to receive its allocation
under this section shall submit to the Secretary of Education an
application at such time, in such manner, and containing such
information as the Secretary may reasonably require. Each such
application shall include an estimate of the number of homeless expected
to be served.
(c) Authorization of appropriations; special consideration to
subsection (b) estimates
(1) There is authorized to be appropriated $10,000,000 for each of
the fiscal years 1989 and 1990, $13,700,000 for fiscal year 1991, and
such sums as may be necessary in each of the fiscal years 1992 and 1993,
for the adult literacy and basic skills remediation programs authorized
by this section.
(2) The Secretary of Education shall, in making grants under this
section, give special consideration to the estimates submitted in the
application under subsection (b) of this section.
(d) ''State'' defined
As used in this section, the term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(Pub. L. 100-77, title VII, 702, July 22, 1987, 101 Stat. 525; Pub.
L. 100-297, title VI, 6001, Apr. 28, 1988, 102 Stat. 423; Pub. L.
100-628, title VII, 701, Nov. 7, 1988, 102 Stat. 3244; Pub. L.
101-645, title VI, 611, Nov. 29, 1990, 104 Stat. 4734.)
1990 -- Subsec. (b)(1). Pub. L. 101-645, 611(b), struck out before
period at end ''and the number of homeless adults within each of the
school districts within the States to be served''.
Subsec. (c)(1). Pub. L. 101-645, 611(a), inserted '', $13,700,000
for fiscal year 1991, and such sums as may be necessary for fiscal years
1992 and 1993,'' after ''and 1990''.
1988 -- Pub. L. 100-628, 701(a)(2)(A), substituted ''State'' for
''Statewide'' in section catchline.
Subsec. (a). Pub. L. 100-628, 701(a)(1), substituted ''to implement,
either directly or through contracts and grants, a program'' for ''to
develop a plan and implement a program''.
Subsec. (b). Pub. L. 100-297, 6001(1), inserted sentence at end
requiring that each application include estimates relating to the number
of homeless.
Subsec. (c)(1). Pub. L. 100-628, 701(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''There are
authorized to be appropriated $7,500,000 for fiscal year 1987 and
$10,000,000 for fiscal year 1988, for the adult literacy and basic
skills remediation programs authorized by this section.''
Subsec. (c)(2). Pub. L. 100-297, 6001(2), added par. (2) and struck
out former par. (2) which read as follows: ''The Secretary of
Education shall distribute funds to States on the basis of the
assessments of the homeless population in the States made in the
comprehensive plans submitted under this chapter, except that no State
shall receive less than $75,000 under this section.''
Subsec. (d). Pub. L. 100-628, 701(c), struck out ''and'' after
''Columbia,'' and inserted before period at end ''the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands''.
Amendment by Pub. L. 100-297 effective Oct. 1, 1988, see section
6303(b)(7) of Pub. L. 100-297, set out as a an Effective Date note
under section 2701 of Title 20, Education.
Amounts appropriated by Pub. L. 100-202 to be awarded for the
program under this section in accordance with provisions of law as in
effect on Apr. 27, 1988, see section 6303(b)(5)(E) of Pub. L.
100-297, set out as an Effective Date note under section 2701 of Title
20, Education.
42 USC -- Part B -- Education for Homeless Children and Youth
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11431. Statement of policy
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
It is the policy of the Congress that --
(1) each State educational agency shall assure that each child of a
homeless individual and each homeless youth have access to a free,
appropriate public education which would be provided to the children of
a resident of a State and is consistent with the State school attendance
laws;
(2) in any State that has a residency requirement as a component of
its compulsory school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and homeless
youth, the State will review and undertake steps to revise such laws,
regulations, practices, or policies to assure that the children of
homeless individuals and homeless youth are afforded a free and
appropriate public education; and
(3) homelessness alone should not be sufficient reason to separate
students from the mainstream school environment.
(Pub. L. 100-77, title VII, 721, July 22, 1987, 101 Stat. 525; Pub.
L. 101-645, title VI, 612(a), Nov. 29, 1990, 104 Stat. 4735.)
1990 -- Par. (1). Pub. L. 101-645, 612(a)(1), struck out ''and'' at
end.
Par. (2). Pub. L. 101-645, 612(a)(2), inserted ''or other laws,
regulations, practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of homeless children and
homeless youth'' after ''attendance laws'', inserted '', regulations,
practices, or policies'' after ''such laws'', and substituted ''; and''
for period at end.
Par. (3). Pub. L. 101-645, 612(a)(3), added par. (3).
42 USC -- 11432. Grants for State and local activities for education
of homeless children and youth
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
The Secretary of Education is, in accordance with the provisions of
this section, authorized to make grants to States to carry out the
activities described in subsections (c), (d), and (e) of this section.
(b) Allocation and reservation of amounts
From the amounts appropriated for each fiscal year pursuant to
subsection (g) of this section, the Secretary shall allot to each State
an amount which bears the same ratio to the amount appropriated in each
such year as the amount allocated under part A of chapter 1 of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et
seq.) to the local educational agencies in the State in that year bears
to the total amount allocated to such agencies in all States, except
that no State shall receive less than $50,000. The Secretary shall
reserve 0.1 percent of the amount appropriated for each fiscal year to
be allocated by the Secretary among the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and Palau
(until the Compact of Free Association with Palau takes effect pursuant
to section 101(a) of Public Law 90-658), /1/ according to their
respective need, as determined by the Secretary, except that no such
territory shall receive less in fiscal year 1991 than it received in
fiscal year 1990. The Secretary may also reserve not to exceed 1
percent of the amount appropriated for each fiscal year for programs for
Indian students served by schools funded by the Secretary of the
Interior, as determined under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) consistent with the
purposes of this chapter. As used in this subsection, the term
''State'' shall not include the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or Palau.
(c) Authorized activities
Grants under this section shall be used --
(1) to carry out the policies set forth in section 11431 of this
title in the State;
(2) to provide activities for and services to homeless children and
homeless youths that enable such children and youths to enroll in,
attend, and achieve success in school;
(3) to establish or designate an Office of Coordinator of Education
of Homeless Children and Youth in accordance with subsection (d) of this
section;
(4) to prepare and carry out the State plan described in subsection
(e) of this section;
(5) to develop and implement programs for school personnel to
heighten awareness of specific problems of the education of homeless
children and youth; and
(6) if amounts appropriated for the applicable fiscal year exceed the
amount appropriated for fiscal year 1990 under this section, to provide
grants to local educational agencies for purposes of this section, and
if such amounts appropriated do not exceed the amount appropriated for
fiscal year 1991, the State education agency, at the discretion of such
agency, may provide such grants.
(d) Functions of Office of Coordinator
The Coordinator of Education of Homeless Children and Youth
established in each State shall --
(1) once every 2 years, gather data on the number and location of
homeless children and youth in the State, and such data gathering shall
include the number of homeless children and homeless youths enrolled in
schools in the State, determined through random sampling or other
statistical methods that ensure that such children and youths are not
overtly identified as being homeless, the nature and extent of problems
of access to, and placement of, homeless children and homeless youth in
elementary and secondary schools, the difficulties in identifying the
special needs of such children, and any progress made by the State
educational agency and local educational agencies within the State in
addressing such problems and difficulties;
(2) develop and carry out the State plan described in subsection (e)
of this section;
(3) prepare and submit to the Secretary not later than December 31,
1991, and on December 31 of every second year thereafter a report on the
data gathered pursuant to paragraph (1);
(4) facilitate coordination between the State education agency, the
State social services agency, and other agencies providing services to
homeless children and youth and their families; and
(5) develop relationships and coordinate with other relevant
education, child development, or preschool programs and providers of
services to homeless children, homeless families, and runaway and
homeless youths (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and homeless youth
centers, and transitional living programs for homeless youths) in order
to improve the provision of comprehensive services to homeless children
and homeless youths and the families of such children and youths.
To the extent that reliable current data is available in the State,
each coordinator described in this subsection may use such data to
fulfill the requirements of paragraph (1).
(e) State plan
(1) Each State shall adopt a plan to provide for the education of
each homeless child or homeless youth within the State which will
contain provisions designed to --
(A) authorize the State educational agency, the local educational
agency, the parent or guardian of the homeless child, the homeless
youth, or the applicable social worker to make the determinations
required under this section;
(B) provide procedures for the prompt resolution of disputes
regarding the educational placement of homeless children and youth;
(C) develop programs for school personnel (including principals,
attendance officers, teachers, and enrollment personnel), to heighten
the awareness of such personnel of the specific educational needs of
runaway and homeless youths; and /2/
(D) ensure that homeless children and homeless youths who meet the
relevant eligibility criteria are able to participate in Federal, State,
or local food programs.''; /3/
(E) ensure that homeless children and homeless youths who meet the
relevant eligibility criteria are able to participate in Federal, State,
or local before- and after-school care programs and provide for the
disclosure of data concerning the participation of such children in such
programs in plans submitted by the State after the initial plan of the
State;
(F) address problems set forth in the report provided to the
Secretary under subsection (d)(3) of this section;
(G) address problems with respect to the education of homeless
children and homeless youths, including problems caused by --
(i) transportation issues; and
(ii) enrollment delays which are caused by --
(I) immunization requirements;
(II) residency requirements;
(III) lack of birth certificates, school records, or other
documentation; or
(IV) guardianship issues;
(H) demonstrate that the State and local educational agencies in the
State have developed and will review and revise policies to remove
barriers to the enrollment and retention of homeless children and
homeless youths in schools of the State; and
(I) ensure that the State educational agency and local educational
agencies within the State will adopt policies and practices to ensure
that homeless children and homeless youths are not isolated or
stigmatized.
(2) Each plan adopted under this subsection shall assure, to the
extent practicable under requirements relating to education established
by State law, that local educational agencies within the State will
comply with the requirements of paragraphs (3) through (9).
(3)(A) The local educational agency of each homeless child and each
homeless youth shall either --
(i) continue the child's or youth's education in the school of origin
--
(I) for the remainder of the academic year; or
(II) in any case in which a family becomes homeless between academic
years, for the following academic year; or
(ii) enroll the child or youth in any school that nonhomeless
students who live in the attendance area in which the child or youth is
actually living are eligible to attend;
whichever is in the child's best interest or the youth's best
interest.
(B) In determining the best interests of the child or youth for
purposes of making a school assignment under subparagraph (A),
consideration shall be given to a request made by a parent regarding
school selection.
(C) For purposes of this paragraph, the term ''school of origin''
shall mean the school that the child or youth attended when permanently
housed, or the school in which the child or youth was last enrolled.
(4) The choice regarding placement shall be made regardless of
whether the child or youth is living with the homeless parents or has
been temporarily placed elsewhere by the parents.
(5) Each homeless child shall be provided services comparable to
services offered to other students in the school selected according to
the provisions of paragraph (3), including transportation services,
educational services for which the child meets the eligibility criteria,
such as compensatory educational programs for the disadvantaged, and
educational programs for the handicapped and for students with limited
English proficiency; programs in vocational education; programs for
the gifted and talented; and school meals programs.
(6) Any record ordinarily kept by the school, including immunization
records, academic records, birth certificates, guardianship records, and
evaluations for special services or programs, of each homeless child or
youth shall be maintained --
(A) so that the records are available, in a timely fashion, when a
child or youth enters a new school district; and
(B) in a manner consistent with section 1232g of title 20.
(7) Each local educational agency serving homeless children or youth
that receives assistance under this subchapter shall coordinate with
local social services agencies, and other agencies or programs providing
services to such children or youth and their families.
(8) Each local educational agency that receives assistance under this
subchapter shall designate a homelessness liaison to ensure that --
(A) homeless children and youth enroll and succeed in the schools of
that agency; and
(B) homeless families, children and youth receive educational
services for which they are eligible, and referrals to health care
services, dental services, mental health services, and other appropriate
services.
State coordinators and local educational agency liaisons shall inform
school personnel, service providers and advocates working with homeless
families of the duties of the liaisons.
(9) Each State and local educational agency shall review and revise
any policies that may act as barriers to the enrollment of homeless
children and youth in schools selected in accordance with paragraph (3).
In reviewing and revising such policies, consideration shall be given
to issues concerning transportation, requirements of immunization,
residency, birth certificates, school records, or other documentation,
and guardianship. Special attention shall be given to ensuring the
enrollment and attendance of homeless children and youths who are not
currently attending school.
(f) Application
No State may receive a grant under this section unless the State
educational agency submits an application to the Secretary at such time,
in such manner, and containing or accompanied by such information as the
Secretary may reasonably require.
(g) Authorization of appropriations
(1) There is authorized to be appropriated to carry out this section
$50,000,000 for fiscal year 1991, and such sums as may be necessary for
each of the fiscal years 1992 and 1993.
(2) The State educational agency may reserve not to exceed 5 percent
of the amount received by such agency under this section in each fiscal
year, or an amount equal to the amount received by such State agency for
State activities under this section in fiscal year 1990, whichever is
greater, to conduct activities under paragraphs (1) through (5) of
subsection (c) of this section.
(3)(A) In any fiscal year in which the amount appropriated under
paragraph (1) does not equal or exceed $100,000,000, the State
educational agency shall use funds not otherwise reserved under
paragraph (2) to award grants to local educational agencies in
accordance with subsection (c)(6) of this section.
(B) In any fiscal year in which the amount appropriated under
paragraph (1) equals or exceeds $100,000,000, the State educational
agency shall use funds not otherwise reserved under paragraph (2) to
allocate to each local educational agency an amount that bears the same
ratio to amount not otherwise reserved as the aggregate amount received
by such local educational agency under part A of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711 et
seq.) for such fiscal year bears to the aggregate amount received by all
local educational agencies in the State for purposes of carrying out
such part for such fiscal year.
(4) Sums appropriated in each fiscal year shall remain available for
the succeeding fiscal year.
(Pub. L. 100-77, title VII, 722, July 22, 1987, 101 Stat. 525; Pub.
L. 100-628, title VII, 702(a), Nov. 7, 1988, 102 Stat. 3245; Pub. L.
101-645, title VI, 612(b), Nov. 29, 1990, 104 Stat. 4735.)
The Elementary and Secondary Education Act of 1965, referred to in
subsecs. (b) and (g)(3)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat.
27, as amended generally by Pub. L. 100-297, Apr. 28, 1988, 102 Stat.
140. Part A of chapter 1 of title I of the Act is classified generally
to part A ( 2711 et seq.) of division 1 of subchapter I of chapter 47 of
Title 20, Education. For complete classification of this Act to the
Code, see Short Title note set out under section 2701 of Title 20 and
Tables.
Section 101(a) of Public Law 90-658, referred to in subsec. (b),
probably means section 101(a) of Pub. L. 99-658, Nov. 14, 1986, 100
Stat. 3673, which is set out in a note under section 1681 of Title 48,
Territories and Possessions.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (b), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203,
as amended, which is classified principally to subchapter II ( 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.
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as
amended, known as the Stewart B. McKinney Homeless Assistance Act. For
complete classification of this Act to the Code, see Short Title note
set out under section 11301 of this title and Tables.
This subchapter, referred to in subsec. (e)(7), (8), was in the
original ''this title'', meaning title VII of Pub. L. 100-77, which
enacted this subchapter and amended sections 1205 and 1207a of Title 20,
Education, and sections 1503 and 1551 of Title 29, Labor.
1990 -- Pub. L. 101-645, 612(b)(1), inserted ''and local'' after
''State'' in section catchline.
Subsec. (b). Pub. L. 101-645, 612(b)(2), substituted ''part A of
chapter 1 of title I of the Elementary and Secondary Education Act of
1965'' for ''section 2711 of title 20'' and ''$50,000. The Secretary
shall reserve 0.1 percent of the amount appropriated for each fiscal
year to be allocated by the Secretary among the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and
Palau (until the Compact of Free Association with Palau takes effect
pursuant to section 101(a) of Public Law 90-658), according to their
respective need, as determined by the Secretary, except that no such
territory shall receive less in fiscal year 1991 than it received in
fiscal year 1990. The Secretary may also reserve not to exceed 1
percent of the amount appropriated for each fiscal year for programs for
Indian students served by schools funded by the Secretary of the
Interior, as determined under the Indian Self-Determination and
Education Assistance Act consistent with the purposes of this chapter.
As used in this subsection, the term 'State' shall not include the
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, or Palau.'' for ''$50,000 in any fiscal year and 0.1
percent of the amount appropriated for each fiscal year shall be
allocated by the Secretary among the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.''
Subsec. (c)(2) to (6). Pub. L. 101-645, 612(b)(3), added pars.
(2), (5), and (6) and redesignated former pars. (2) and (3) as (3) and
(4), respectively.
Subsec. (d)(1). Pub. L. 101-645, 612(b)(4), substituted ''once every
2 years,'' for ''annually'', inserted ''the number of homeless children
and homeless youths enrolled in schools in the State, determined through
random sampling or other statistical methods that ensure that such
children and youths are not overtly identified as being homeless,''
after ''shall include'', struck out ''and'' before ''the difficulties'',
and inserted before semicolon at end '', and any progress made by the
State educational agency and local educational agencies within the State
in addressing such problems and difficulties''.
Subsec. (d)(2). Pub. L. 101-645, 612(b)(5), struck out ''and'' at
end.
Subsec. (d)(3). Pub. L. 101-645, 612(b)(6), substituted '', 1991,
and on December 31 of every second year thereafter'' for ''of each
year'' and a semicolon for period at end.
Subsec. (d)(4), (5). Pub. L. 101-645, 612(b)(7), which directed
amendment of subsec. (d) by adding pars. (4) and (5) at the end
thereof, was executed by adding pars. (4) and (5) after par. (3) to
reflect the probable intent of Congress.
Subsec. (e)(1). Pub. L. 101-645, 612(b)(8), substituted ''prompt
resolution'' for ''resolution'' in subpar. (B), and added subpars. (C)
to (I).
Subsec. (e)(2). Pub. L. 101-645, 612(b)(9)(A), substituted ''(9)''
for ''(6)''.
Subsec. (e)(3). Pub. L. 101-645, 612(b)(9)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''The local
educational agency of each homeless child or youth shall either --
''(A) continue the child's or youth's education in the school
district of origin for the remainder of the school year; or
''(B) enroll the child or youth in the school district where the
child or youth is actually living;
whichever is in the child's best interest or the youth's best
interest.''
Subsec. (e)(5). Pub. L. 101-645, 612(b)(9)(C), inserted
''transportation services,'' after ''including''.
Subsec. (e)(6). Pub. L. 101-645, 612(b)(9)(D), which directed the
substitution of ''Any record ordinarily kept by the school, including
immunization records, academic records, birth certificates, guardianship
records, and evaluations for special services or programs,'' for ''The
schools records'', was executed by making the substitution for ''The
school records'' to reflect the probable intent of Congress.
Subsec. (e)(7) to (9). Pub. L. 101-645, 612(b)(9)(E), added pars.
(7) to (9).
Subsec. (g). Pub. L. 101-645, 612(b)(10), substituted ''$50,000,000
for fiscal year 1991, and such sums as may be necessary for each of the
fiscal years 1992 and 1993'' for ''$5,000,000 for each of the fiscal
years 1989 and 1990'' in par. (1), added pars. (2) and (3), and
redesignated former par. (2) as (4).
1988 -- Subsec. (b). Pub. L. 100-628, 702(a)(1), (2), substituted
''section 2711 of title 20'' for ''section 111 of the Elementary and
Secondary Education Act of 1965 (as incorporated by reference in chapter
1 of the Education Consolidation and Improvement Act of 1981)'' and
inserted before period at end ''and 0.1 percent of the amount
appropriated for each fiscal year shall be allocated by the Secretary
among the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands''.
Subsec. (d)(1). Pub. L. 100-628, 702(a)(3), inserted ''annually''
before ''gather''.
Subsec. (d)(3). Pub. L. 100-628, 702(a)(4), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''prepare
and submit to the Secretary an interim report not later than December
31, 1987, and a final report not later than December 31, 1988, on the
data gathered pursuant to paragraph (1).''
Subsec. (g)(1). Pub. L. 100-628, 702(a)(5), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''There are
authorized to be appropriated $5,000,000 for each of the fiscal years
1987 and 1988 to carry out the provisions of this section.''
/1/ See References in Text note below.
/2/ So in original. The word ''and'' probably should not appear.
/3/ So in original. Probably should be ''food programs;''.
42 USC -- 11433. Local educational agency grants for education of
homeless children and youth
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
(1) Grantees and purpose of grants
The State educational agency shall, in accordance with section
11432(c)(6) of this title and from amounts made available to such agency
under section 11432 of this title, make grants to local educational
agencies for the purpose of facilitating the enrollment, attendance and
success of homeless children and youths in schools.
(2) Use of grants
Unless otherwise specified, services under paragraph (1) may be
provided through programs on school grounds or at other nonsectarian
facilities. Where services are provided through programs on school
grounds, such services may also be made available to children or youths
who are determined by the local educational agency to be at risk of
failing in or dropping out of schools, except that priority for such
services shall be given to homeless children and homeless youths. To
the maximum extent practicable, services shall be provided through
existing programs and mechanisms that integrate homeless individuals
with nonhomeless individuals.
(3) Regular academic program
Services provided under this section are not intended to replace the
regular academic program.
(b) Authorized activities
(1) Primary activities
Not less than 50 percent of amounts provided under a grant under this
section shall be used to provide tutoring, remedial education services,
or other education services to homeless children or homeless youths.
(2) Related activities
Not less than 35, nor more than 50, percent of the amounts provided
under a grant under this section may be used for activities that may
include --
(A) the provision of expedited evaluations of the strengths and needs
of homeless children and homeless youths, including needs and
eligibility for programs and services (including gifted and talented
programs, special education programs, programs for students with limited
English proficiency, and remedial services);
(B) professional development for educators and other school personnel
that is designed to develop awareness and sensitivity to the needs of
homeless children and homeless youths and the rights of such children
and youths under this chapter;
(C) the provision of referral services to homeless children and
homeless youths for medical, dental, mental, and other health services;
(D) the provision of assistance to defray the excess cost of
transportation for students not provided under section 11432(e)(5) of
this title and not otherwise provided through Federal, State, or local
funding, where necessary to enable students to attend the school
selected under section 11432(e)(3) of this title;
(E) the provision of developmentally appropriate early childhood
programs for preschool age children;
(F) the provision of before- and after-school and summer programs for
homeless children or homeless youths in which a teacher or other
qualified individual provides tutoring, homework assistance, and
supervision of educational activities;
(G) where necessary, the payment of fees and other costs associated
with tracking, obtaining, and transferring records necessary to enroll
homeless children or homeless youths in school, including birth
certificates, immunization records, academic records, guardianship
records, and evaluations for special programs or services;
(H) the provision of parent education and training to the parents of
homeless children and homeless youths about the rights of and resources
available to such children and youths;
(I) the development of coordination between schools and agencies
providing services to homeless children and homeless youths;
(J) the provision of counseling, social work and psychological
services, including violence counseling, and referrals for such
services;
(K) activities to address the particular needs of homeless children
and homeless youths that may arise from domestic violence;
(L) activities to develop and implement programs for school personnel
to heighten the awareness of such personnel of the specific educational
needs of runaway and homeless youths;
(M) the adaptation of space and the purchase of supplies for
nonschool facilities made available under subsection (a)(2) of this
section to provide services under this subsection;
(N) the provision of school supplies to be distributed at the shelter
or temporary housing facilities; and
(O) the provision of such other extraordinary or emergency assistance
determined by the Secretary as essential to enable homeless children and
youth to attend school.
(3) Eligibility
No State or local educational agency may receive a grant under this
section unless the State in which the agency is located has submitted a
State plan as required by section 11432(e) of this title.
(c) Awards
(1) Basis
Except as provided in section 11432(g)(3)(B) of this title, from
amounts appropriated for each fiscal year under section 11432(g) of this
title, the State educational agency may award grants under this section
to local educational agencies submitting an application under subsection
(d) of this section on the basis of the need of such agencies.
(2) Determination
In determining need under paragraph (1), the State educational agency
may consider the number of homeless children and homeless youth enrolled
in preschool, elementary, and secondary schools within the area served
by the agency, and shall consider the needs of such children and youth,
and the ability of the agency to meet such needs. Such agency may also
consider --
(A) the extent to which the proposed use of funds would facilitate
the enrollment, retention, and educational success of homeless children
and youth;
(B) the extent to which the application reflects coordination with
other local and State agencies that serve homeless children and youth,
as well as the State Plan required by section 11432(e) of this title;
(C) the extent to which the applicant exhibits in the application and
in current practice a commitment to education for all homeless children
and youth in its jurisdiction; and
(D) other criteria as the agency determines appropriate.
(d) Application
(1) In general
A local educational agency that desires to receive a grant under this
section shall submit an application to the State educational agency at
such time, in such manner, and containing or accompanied by such
information as the State agency may reasonably require according to
guidelines issued by the Secretary. Each such application shall include
--
(A) a description of the services and programs for which assistance
is sought and the problems sought to be addressed through the provision
of such services and programs;
(B) assurances that the applicant complies with or will use requested
funds to come into compliance with paragraphs (3) through (9) of section
11432(e) of this title;
(C) an assurance that assistance under the grant will supplement and
not supplant funds used before the award of the grant for purposes of
providing services to homeless children and homeless youths; and
(D) a description of policies and procedures that the agency will
implement to ensure that activities carried out by the agency will not
isolate or stigmatize homeless children and homeless youth.
(3) /1/ Term of awards
Grants awarded under this section shall be for terms of not to exceed
2 years.
(e) Reports
Each State educational agency that receives a grant under this
section for any fiscal year shall, as part of the plan of the State
submitted under section 11432(c)(4) of this title, provide to /2/
Secretary data concerning --
(1) the number of homeless children and homeless youths served with
assistance provided under the grant under this section; and
(2) a description of the success of the program under this section in
allowing homeless children and homeless youths to enroll in, attend, and
succeed in school.
(Pub. L. 100-77, title VII, 723, July 22, 1987, 101 Stat. 527; Pub.
L. 100-628, title VII, 702(b), Nov. 7, 1988, 102 Stat. 3245; Pub. L.
101-645, title VI, 612(c), Nov. 29, 1990, 104 Stat. 4739.)
1990 -- Pub. L. 101-645 amended section generally, substituting
present provisions consisting of subsecs. (a) to (e) for former
provisions consisting of subsecs. (a) to (f).
1988 -- Subsec. (f). Pub. L. 100-628 substituted ''Authorization of
appropriations'' for ''Appropriations authorized'' in heading, and
amended text generally. Prior to amendment, text read as follows:
''There is authorized to be appropriated $2,500,000 for fiscal year 1988
to carry out the provisions of this section.''
/1/ So in original. Probably should be ''(2)''.
/2/ So in original. Probably should be ''to the''.
42 USC -- 11434. National responsibilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General Accounting Office
The Comptroller General of the United States shall prepare and submit
to the Congress not later than June 30, 1988, a report on the number of
homeless children and youth in all States.
(b) Secretarial responsibilities
(1) The Secretary shall monitor and review compliance with the
provisions of this part in accordance with the provisions of the General
Education Provisions Act (20 U.S.C. 1221 et seq.). In reviewing the
State plans submitted by the State educational agencies under section
11432(e) of this title, the Secretary shall evaluate whether State laws,
policies, and practices described in such plans adequately address the
problems of homeless children and homeless youth relating to access to
education and placement as described in such plans.
(2)(A) The Secretary, in consultation with persons and organizations
that are knowledgeable about the needs of homeless children and youth,
shall, through the awarding of a grant, or through entering into a
contract or cooperative agreement, conduct a study to determine the best
means of identifying, locating, and counting homeless children and youth
for the purposes of this part. Such persons and organizations to be
consulted shall include representatives of State coordinators, local
educational agencies with substantial numbers of homeless children and
youth, local government agencies with responsibility for administering
homeless shelters, and advocacy groups representing the interests of
homeless children and youth. The Secretary shall also consult with the
Secretary of Health and Human Services and the Secretary of Housing and
Urban Development, as appropriate, in carrying out this paragraph.
(B) The study conducted under subparagraph (A) shall consider --
(i) the appropriate definition of the terms ''homeless child'' and
''homeless youth'';
(ii) the experience of the 1990 Census in identifying, locating, and
counting homeless children and youth;
(iii) appropriate methodologies for identifying, locating, and
counting such children and youth, including using schools, shelters, and
other social service agencies to collect data; and
(iv) the projected accuracy of the methodologies identified in clause
(iii), and the costs associated with the use of each methodology;
to determine the number of homeless children and youth in the United
States to create as accurate an account as possible of the number,
location, and living circumstances of such children and youth, including
the number of such children and youth that are attending school
regularly, part-time, or not at all, and reasons for the nonattendance
of such children and youth.
(C)(i) Not later than 240 days after November 29, 1990, the Secretary
shall prepare and submit, to the appropriate committees of Congress, a
report containing the results of the study conducted under subparagraph
(A) and the estimated costs of making the estimates required under
clause (ii).
(ii) Not later than December 1, 1992, the Secretary, in consultation
with the appropriate committees of Congress, and through the use of
appropriate statistical methodology, shall, through a grant, contract or
cooperative agreement, determine accurate estimates of the number of
homeless children and youth throughout the Nation and the number of such
children and youth attending school.
(D) The Secretary may reserve not more than $250,000 from amounts
appropriated under section 11432(g) of this title in 1991 to carry out
the study required under subparagraph (A).
(E) There are authorized to be appropriated such sums as may be
necessary in 1992 to prepare the report and estimates required under
subparagraph (C).
(3) The Secretary shall provide such support and technical assistance
to the State educational agencies as is required by such agencies to
carry out their responsibilities under this part, /1/
(4) The Secretary shall prepare and submit a report to the Congress
on the programs and activities authorized by this part at the end of
each fiscal year.
(5) /2/ The Secretary shall compile and submit a report to the
Congress containing the information received from the States pursuant to
section 11432(d)(3) of this title within 45 days of its receipt.
(5) /2/ The Secretary shall conduct evaluation and dissemination
activities of programs designed to meet the educational needs of
homeless elementary and secondary school students.
(6) The Secretary shall require applications for grants under this
part to be submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are available for
purposes of making such grants and shall make such grants not later than
the expiration of the 120-day period beginning on such date.
(7) The Secretary, based on the information received from the States
and information gathered by the Secretary under paragraph (1), shall
determine the extent to which State educational agencies are ensuring
that each homeless child and homeless youth has access to a free
appropriate public education as described in section 11431(1) of this
title.
(Pub. L. 100-77, title VII, 724, July 22, 1987, 101 Stat. 528; Pub.
L. 101-645, title VI, 612(d), Nov. 29, 1990, 104 Stat. 4742.)
The General Education Provisions Act, referred to in subsec. (b)(1),
is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as
amended, which is classified generally to chapter 31 ( 1221 et seq.) of
Title 20, Education. For complete classification of this Act to the
Code, see section 1221 of Title 20 and Tables.
1990 -- Subsec. (b)(1). Pub. L. 101-645, 612(d)(1), inserted at end
''In reviewing the State plans submitted by the State educational
agencies under section 11432(e) of this title, the Secretary shall
evaluate whether State laws, policies, and practices described in such
plans adequately address the problems of homeless children and homeless
youth relating to access to education and placement as described in such
plans.''
Subsec. (b)(2), (3). Pub. L. 101-645, 612(d)(2), (3), added pars.
(2) and (3). Former pars. (2) and (3) redesignated (4) and (5),
respectively.
Subsec. (b)(4). Pub. L. 101-645, 612(d)(2), redesignated former par.
(2) as (4).
Subsec. (b)(5). Pub. L. 101-645, 612(d)(4), added par. (5) relating
to Secretary's evaluation and dissemination activities of programs
designed to meet educational needs of homeless elementary and secondary
school students.
Pub. L. 101-645, 612(d)(2), redesignated former par. (3), relating
to submission of report to Congress as, (5).
Subsec. (b)(6), (7). Pub. L. 101-645, 612(d)(4), added pars. (6)
and (7).
/1/ So in original. The comma probably should be a period.
/2/ So in original. Two pars. (5) have been enacted.
42 USC -- 11434a. Reports
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 2 years after November 29, 1990, the Comptroller
General of the United States, in consultation with the Secretary, shall
prepare and submit to the appropriate Committees of Congress a report
containing the findings of a study conducted to determine the most
effective method of distributing funds provided under this part to State
educational agencies and local educational agencies.
(Pub. L. 100-77, title VII, 725, as added Pub. L. 101-645, title VI,
613(2), Nov. 29, 1990, 104 Stat. 4743.)
November 29, 1990, referred to in text, was in the original ''the
date of enactment of this subsection'', and was translated as reading
''the date of enactment of this section'', meaning section 725 of Pub.
L. 100-77, as added by Pub. L. 101-645, which was approved Nov. 29,
1990, to reflect the probable intent of Congress.
A prior section 725 of Pub. L. 100-77 was renumbered section 726 and
is classified to section 11435 of this title.
42 USC -- 11435. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this part --
(1) the term ''Secretary'' means the Secretary of Education; and
(2) the term ''State'' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 100-77, title VII, 726, formerly 725, July 22, 1987, 101
Stat. 528; Pub. L. 100-628, title VII, 702(c), Nov. 7, 1988, 102 Stat.
3245; renumbered 726, Pub. L. 101-645, title VI, 613(1), Nov. 29,
1990, 104 Stat. 4743.)
1988 -- Par. (2). Pub. L. 100-628 struck out ''and'' after
''Columbia,'' and inserted before period at end '', the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands''.
42 USC -- Part C -- Job Training for Homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For termination of part on Oct. 1, 1993, see section 11450 of this
title.
42 USC -- 11441. Demonstration program authorized
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
The Secretary of Labor shall, from funds appropriated pursuant to
section 11449 of this title, make grants for the Federal share of job
training demonstration projects for homeless individuals in accordance
with the provisions of this part.
(b) Contract authority
The Secretary is authorized to enter into such contracts with State
and local public agencies, private nonprofit organizations, private
businesses, and other appropriate entities as may be necessary to carry
out the provisions of this part.
(Pub. L. 100-77, title VII, 731, July 22, 1987, 101 Stat. 528.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
42 USC -- 11442. State coordination with demonstration grant
recipients
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A State shall describe in the comprehensive plan required under
section 11361 of this title how the State will coordinate projects
conducted within a State under this part with other services for
homeless individuals assisted under this chapter.
(Pub. L. 100-77, title VII, 732, July 22, 1987, 101 Stat. 528.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
42 USC -- 11443. Application
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Each applicant which desires to receive a demonstration grant under
this part shall submit an application to the Secretary at such time, in
such manner, and containing or accompanied by such information as the
Secretary may reasonably require. Each such application shall include
--
(1) a description of the activities for which assistance is sought;
(2) plans for the coordination and outreach activities, particularly
with case managers and care providers, designed to achieve referral of
homeless individuals to the demonstration projects authorized by this
part or other related programs providing services necessary to address
the multiple needs of homeless individuals;
(3) plans to offer on the street or in-shelter outreach and
assessment activities and where practicable, pre-employment services, so
as to increase the participation of homeless individuals in the
demonstration project and to contract for, or provide, training services
and activities;
(4) a description of the standards by which performance may be
measured under the demonstration project, together with assurances that
a preliminary evaluation of the project will be completed not later than
the end of the first year for which assistance is sought;
(5) assurances that the recipient of demonstration grants under this
part will pay the non-Federal share of the activities for which
assistance is sought from non-Federal sources; and
(6) such additional assurances as the Secretary determines are
necessary to insure compliance with the requirements of this part.
(b) Special consideration
(1) In general
In awarding grants under this part, the Secretary of Labor may give
special consideration to applicants that will implement projects that
will serve areas of greatest need, including urban and rural areas, as
demonstrated by --
(A) the large number or concentration of homeless individuals in the
project area relative to other similar areas of jurisdiction;
(B) the high rates of poverty in the project area as determined by
the census; or
(C) the lack of available low cost or affordable housing within the
project area, as measured by such indicators as high average local rents
or vacancy rates.
(2) Holistic service approach
In awarding grants under this part, the Secretary of Labor may give
special consideration to applicants that will implement programs that
include formal reciprocal referral agreements with other programs such
as substance abuse counseling, local shelters, and subsidized housing
that provide a holistic service approach on an individual case
management basis.
(Pub. L. 100-77, title VII, 733, July 22, 1987, 101 Stat. 529; Pub.
L. 101-645, title VI, 621(a), Nov. 29, 1990, 104 Stat. 4743.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
1990 -- Subsec. (a). Pub. L. 101-645, 621(a)(1)(A), designated
existing provision as subsec. (a) and inserted heading.
Subsec. (a)(2). Pub. L. 101-645, 621(a)(1)(B), inserted before
semicolon at end ''or other related programs providing services
necessary to address the multiple needs of homeless individuals''.
Subsec. (a)(3). Pub. L. 101-645, 621(a)(1)(C), inserted ''on the
street or'' before ''in-shelter''.
Subsec. (b). Pub. L. 101-645, 621(a)(1)(D), added subsec. (b).
42 USC -- 11444. Authorized activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Demonstration grants under this part may be used for --
(1) basic skills instruction;
(2) remedial education activities;
(3) basic literacy instruction;
(4) job search activities;
(5) job counseling;
(6) job preparatory training, including resume writing and
interviewing skills; and
(7) any other activities described in section 1604 of title 29 which
the grant recipient determines will contribute to carrying out the
objectives of this part;
for homeless individuals.
(Pub. L. 100-77, title VII, 734, July 22, 1987, 101 Stat. 529.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
42 USC -- 11445. Payments; Federal share; limitation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Payments
The Secretary shall pay to each applicant having an application
approved under section 11443 of this title the Federal share of the cost
of activities described in the application.
(b) Federal share
(1)(A) The Federal share for each fiscal year shall be not less than
50 percent nor more than 90 percent.
(B) The Federal share shall be determined by the Secretary for each
recipient under this part based upon the ability of the recipient to
meet the non-Federal share of the cost of the program for which
assistance is sought.
(2) The non-Federal share of payments under this part may be in cash
or in kind fairly evaluated, including plant equipment or services.
(c) Limitation
The Secretary may not make grants in any State in an aggregate in
excess of 15 percent of the amount appropriated to carry out this part
in each fiscal year.
(Pub. L. 100-77, title VII, 735, July 22, 1987, 101 Stat. 529.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
42 USC -- 11446. Evaluation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Demonstration project responsibility
The Secretary shall evaluate each project assisted under this part at
the end of the first fiscal year for which funds are appropriated under
this part. The Secretary shall submit the findings of the evaluations
to the Interagency Council. Not later than 6 months before the
termination date specified in section 11450 of this title, the Secretary
shall prepare and submit a final report of the evaluations required by
this subsection to the President, to the Congress, and to the
Interagency Council.
(b) Contents of evaluations
Each evaluation required by this section shall include --
(1) the number of homeless individuals served;
(2) the number of homeless individuals placed in jobs;
(3) the average length of training time under the project;
(4) the average training cost under the project; and
(5) the average retention rate of placements of homeless individuals
after training with assistance made under this part.
(c) Evaluation by Interagency Council
(1) The Interagency Council shall evaluate each project receiving
assistance under this part.
(2) The Interagency Council shall prepare and publish a report of its
findings in the annual report of the Council. The evaluation of the
demonstration projects authorized by this part shall include a
determination of the relative effectiveness of programs assisted under
this part together with recommendations, including recommendations for
legislation, to the Congress on job training programs for homeless
individuals to be established on a national basis.
(Pub. L. 100-77, title VII, 736, July 22, 1987, 101 Stat. 530.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
42 USC -- 11447. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this part --
(1) the term ''applicant'' means public agencies, private nonprofit
organizations, private businesses, and other appropriate entities;
(2) the term ''Interagency Council'' means the Interagency Council on
the Homeless;
(3) the term ''local public agency'' means any public agency of a
general purpose political subdivision of a State which has the power to
levy taxes and spend funds, as well as general corporate and police
powers;
(4) the term ''Secretary'' means the Secretary of Labor; and
(5) the term ''State'' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 100-77, title VII, 737, July 22, 1987, 101 Stat. 530; Pub.
L. 100-628, title VII, 703(a), Nov. 7, 1988, 102 Stat. 3246.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
1988 -- Par. (5). Pub. L. 100-628 substituted a comma for ''and''
after ''States'' and inserted before period at end '', the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
42 USC -- 11448. Homeless veterans' reintegration projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
The Secretary, using funds appropriated and made available for the
purpose of carrying out this section, shall conduct, directly or through
grant or contract, such programs as the Secretary determines appropriate
to expedite the reintegration of homeless veterans into the labor force.
Notwithstanding any other provision of law, the amount so appropriated
shall be available for distribution in such manner as the Assistant
Secretary of Labor for Veterans' Employment and Training considers
appropriate and shall remain available until expended.
(b) Authority to monitor expenditure of funds
The Secretary is authorized to obtain such information as the
Secretary considers appropriate to enable the Secretary to monitor and
evaluate the distribution and expenditure of funds appropriated pursuant
to the authorization contained in subsection (a) of this section. Such
information shall be furnished to the Secretary in such form as the
Secretary considers appropriate for the purpose of this subsection.
(c) Administration through Assistant Secretary of Labor for Veterans'
Employment and Training
The Secretary shall administer the program provided for by this
section through the Assistant Secretary of Labor for Veterans'
Employment and Training.
(d) ''Homeless veteran'' defined
As used in this section, the term ''homeless veteran'' means a
homeless individual who is a veteran within the meaning of section
101(2) of title 38.
(Pub. L. 100-77, title VII, 738, July 22, 1987, 101 Stat. 530.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
42 USC -- 11449. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization of appropriations
There are authorized to be appropriated to carry out this part the
following amounts:
(1) $14,000,000 for fiscal year 1991, of which $2,200,000 shall be
available only to carry out section 11448 of this title.
(2) $15,000,000 for fiscal year 1992, of which $2,200,000 shall be
available only to carry out section 11448 of this title.
(3) $17,000,000 for fiscal year 1993, of which $2,200,000 shall be
available only to carry out section 11448 of this title.
(b) Ratable reduction
If for any fiscal year the appropriation is less than the amount
authorized in paragraph (1) to carry out the provisions of this part,
the amount available in such fiscal year for the programs under this
part other than section 11448 of this title and for the program under
section 11448 of this title shall be ratably reduced.
(c) Special rule
Nothing in this part shall be construed to require the Secretary to
carry out the provisions of this part from funds appropriated for
programs other than funds appropriated for this part.
(Pub. L. 100-77, title VII, 739, July 22, 1987, 101 Stat. 531; Pub.
L. 100-628, title VII, 703(b), (c), Nov. 7, 1988, 102 Stat. 3246;
Pub. L. 101-165, title IX, 9119(a), Nov. 21, 1989, 103 Stat. 1157;
Pub. L. 101-645, title VI, 621(b), Nov. 29, 1990, 104 Stat. 4744.)
For termination of section on Oct. 1, 1993, see section 11450 of
this title.
1990 -- Subsec. (a). Pub. L. 101-645 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''There is
authorized to be appropriated to carry out this part $13,000,000 for
each of the fiscal years 1989 and 1990, of which amount $2,200,000 for
each fiscal year shall be available only to carry out section 11448 of
this title.''
1989 -- Pub. L. 101-165 struck out ''; availability of funds''
after ''appropriations'' in section catchline, struck out subsec. (a)
designation and heading, redesignated pars. (1) to (3) of former
subsec. (a) as subsecs. (a) to (c), respectively, inserted headings,
and struck out subsec. (b) which read as follows: ''Funds obligated
for any fiscal year may be expended by each recipient during that fiscal
year and the succeeding fiscal year.''
1988 -- Subsec. (a)(1). Pub. L. 100-628, 703(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''There is
authorized to be appropriated $12,000,000 for fiscal year 1988 to carry
out the provisions of this part, of which $2,000,000 shall be available
only for the purpose of carrying out section 11448 of this title.''
Subsec. (a)(2). Pub. L. 100-628, 703(c), substituted ''for any
fiscal year'' for ''in fiscal year 1988'' and ''the amount authorized in
paragraph (1)'' for ''$12,000,000''.
Section 9119(b) of Pub. L. 101-165 provided that: ''The amendments
made by this section (amending this section) shall apply with respect to
funds obligated during fiscal year 1988 and each fiscal year
thereafter.''
42 USC -- 11450. Termination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The provisions of this part other than section 740 /1/ shall
terminate on October 1, 1993.
(Pub. L. 100-77, title VII, 741, July 22, 1987, 101 Stat. 532; Pub.
L. 101-645, title VI, 621(c), Nov. 29, 1990, 104 Stat. 4744.)
Section 740, referred to in text, is section 740 of Pub. L. 100-77,
title VII, July 22, 1987, 101 Stat. 531, which amended sections 1503
and 1551 of Title 29, Labor.
1990 -- Pub. L. 101-645 substituted ''October 1, 1993'' for
''October 1, 1990''.
/1/ See References in Text note below.
42 USC -- Part D -- Emergency Community Services Homeless Grant Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11461. Establishment of program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary of Health and Human Services (in this part referred to
as the ''Secretary'') shall carry out an emergency community services
homeless grant program through the Office of Community Services of the
Department of Health and Human Services.
(Pub. L. 100-77, title VII, 751, July 22, 1987, 101 Stat. 532.)
42 USC -- 11462. Allocation of grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General allocation procedure
From the amounts made available under this part, the Secretary shall
make grants to States that administer programs under the Community
Services Block Grant Act (42 U.S.C. 9901 et seq.). Such grants shall be
allocated to the States (as defined in section 673 of such Act (42
U.S.C. 9902)) in accordance with the formulas set forth in subsections
(a) and (b) of section 674 of such Act (42 U.S.C. 9903(a), (b)).
(b) Alternate allocation procedure
If a State does not apply for a grant or does not submit an
approvable application for a grant under this part, the Secretary shall
use the amounts made available under this part to make grants directly
to agencies and organizations in such State in accordance with the
criteria set forth in section 11463(b)(1) of this title.
(Pub. L. 100-77, title VII, 752, July 22, 1987, 101 Stat. 532; Pub.
L. 100-628, title VII, 704(a), Nov. 7, 1988, 102 Stat. 3246.)
The Community Services Block Grant Act, referred to in subsec. (a),
is subtitle B ( 671-683) of title VI of Pub. L. 97-35, Aug. 13, 1981,
95 Stat. 511, as amended, which is classified generally to chapter 106
( 9901 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 9901 of this
title and Tables.
1988 -- Subsec. (a). Pub. L. 100-628 amended second sentence
generally. Prior to amendment, second sentence read as follows: ''Such
grants shall be allocated to the States in accordance with the formula
set forth in section 674(a)(1) of such Act (42 U.S.C. 9903(a)(1)).''
42 USC -- 11463. Program requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Application
In order to receive a grant under this part, a State shall submit an
application to the Secretary in such form and at such time as the
Secretary may require. Such application shall describe the agencies,
organizations, and activities that the State intends to support with the
amounts received.
(b) Assurances
In order to receive a grant under this part, a State shall ensure
that --
(1) it will award not less than 95 percent of the amounts it
receives, by not later than 60 days after such receipt, to --
(A) community action agencies that are eligible to receive amounts
under section 675(c)(2)(A) of the Community Services Block Grant Act (42
U.S.C. 9904(c)(2)(A));
(B) organizations serving migrant and seasonal farmworkers; and
(C) any organization to which a State, that applied for and received
a waiver from the Secretary under Public Law 98-139, made a grant under
the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) for
fiscal year 1984; and
(2) no amount received under this part will be used to supplant other
programs for homeless individuals administered by the State;
(3) not more than 5 percent of the amounts received under this part
will be used to defray State administrative costs; and
(4) not more than 25 percent of the amounts received will be used for
the purpose described in subsection (c)(4) of this section.
(c) Eligible use of funds
Amounts awarded under this part may be used only for the following
purposes:
(1)(A) Expansion of comprehensive services to homeless individuals to
provide follow-up and long-term services to enable homeless individuals
to make the transition out of poverty.
(B) Renovation of buildings to be used to provide such services,
except that not more than 50 percent of such amounts may be used for
such purpose.
(2) Provision of assistance in obtaining social and maintenance
services and income support services for homeless individuals.
(3) Promotion of private sector and other assistance to homeless
individuals.
(4) Provision of assistance to any individual who has received a
notice of foreclosure, eviction, or termination of utility services, if
--
(A) the inability of the individual to make mortgage, rental, or
utility payments is due to a sudden reduction in income;
(B) the assistance is necessary to avoid the foreclosure, eviction,
or termination of utility services; and
(C) there is a reasonable prospect that the individual will be able
to resume the payments within a reasonable period of time.
(5) Provision of, or referral to, violence counseling for homeless
children and individuals, and the provision of violence counseling
training to individuals who work with homeless children and individuals.
(d) Compliance with 60-day requirement
It shall be left solely to the discretion of the Secretary to enforce
the 60-day requirement specified in subsection (b)(1)(A) of this
section.
(Pub. L. 100-77, title VII, 753, July 22, 1987, 101 Stat. 532; Pub.
L. 100-628, title VII, 704(b), (c), Nov. 7, 1988, 102 Stat. 3246;
Pub. L. 101-645, title VI, 631(a), (b), Nov. 29, 1990, 104 Stat. 4746.)
Public Law 98-139, referred to in subsec. (b)(1)(A)(iii), is Pub.
L. 98-139, Oct. 31, 1983, 97 Stat. 871, known as the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriation Act, 1984. For complete classification of this Act to the
Code, see Tables.
The Community Services Block Grant Act, referred to in subsec.
(b)(1)(A)(iii), is subtitle B ( 671-683) of title VI of Pub. L.
97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified
generally to chapter 106 ( 9901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 9901 of this title and Tables.
1990 -- Subsec. (b). Pub. L. 101-645, 631(a), struck out subpar.
(A) designation after ''(1)'', substituted ''not less than 95 percent''
for ''all'' in introductory provision of par. (1), redesignated cls.
(i) to (iii) as subpars. (A) to (C), respectively, struck out former
subpar. (B) which read as follows: ''not less than 90 percent of the
amounts received shall be awarded to such agencies and organizations
that, as of January 1, 1987, are providing services to meet the
critically urgent needs of homeless individuals;'', and in par. (3),
substituted ''not more than 5 percent of the amounts'' for ''no
amount''.
Subsec. (c)(1). Pub. L. 101-645, 631(b)(1), designated existing
provision as subpar. (A) and added subpar. (B).
Subsec. (c)(5). Pub. L. 101-645, 631(b)(2), added par. (5).
1988 -- Subsec. (b)(1)(A). Pub. L. 100-628, 704(c)(1), inserted '',
by not later than 60 days after such receipt,'' after ''receives'' in
introductory provisions.
Subsec. (b)(4). Pub. L. 100-628, 704(b)(2), added par. (4).
Subsec. (c)(4). Pub. L. 100-628, 704(b)(1), added par. (4).
Subsec. (d). Pub. L. 100-628, 704(c)(2), added subsec. (d).
Section 631(d) of Pub. L. 101-645 provided that: ''The amendments
made by subsections (a) and (b) of this section (amending this section)
shall take effect on the first day of the first fiscal year beginning
after the date of the enactment of this Act (Nov. 29, 1990).''
42 USC -- 11464. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this part
$50,000,000 for each of fiscal years 1991, 1992, and 1993.
(Pub. L. 100-77, title VII, 754, July 22, 1987, 101 Stat. 533; Pub.
L. 100-628, title VII, 704(d), Nov. 7, 1988, 102 Stat. 3247; Pub. L.
101-645, title VI, 631(c), Nov. 29, 1990, 104 Stat. 4746.)
Section 631(c) of Pub. L. 101-645, which directed that ''Section 754
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11404)
is amended to read as follows: 'Sec. 751''', followed by the section
catchline and text, was executed to this section, to reflect the
probable intent of Congress. The parenthetical probably should have
read ''(42 U.S.C. 11464)'' and the section designation probably should
have read ''Sec. 754''.
1990 -- Pub. L. 101-645 amended section generally. Prior to
amendment, section read as follows: ''There is authorized to be
appropriated to carry out this part $42,000,000 for each of the fiscal
years 1989 and 1990.''
1988 -- Pub. L. 100-628 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to be
appropriated to carry out this part $40,000,000 for each of the fiscal
years 1987 and 1988.''
42 USC -- 11465. Evaluation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Purpose
It is the purpose of this section to develop as rapidly as
practicable, information concerning the organization, impact and
effectiveness of services provided to homeless individuals under
programs administered by the Secretary of Health and Human Services
under this chapter or any other Act, and of the effectiveness of the
coordination of such programs with other Federal or Federally assisted
programs that provide services to homeless individuals, or to those at
risk of becoming homeless.
(b) Requirement for evaluation activities
In carrying out the purpose described in subsection (a) of this
section, the Secretary shall conduct evaluations that shall include --
(1) the use of cost and utilization data collected under the Primary
Health Care for the Homeless Program under section 340 of the Public
Health Service Act (42 U.S.C. 256) to conduct an evaluation, in
consultation with organizations receiving grants under this subchapter
and with the national representatives of such organizations, of the
impact of health, case management and referral services provided by a
representative sample of grantees concerning client outcome;
(2) under part C of title V, /1/ an evaluation of the need for and
availability of services for individuals who are homeless or at risk of
becoming homeless that have a serious mental illness or substance abuse
problem, with special attention paid to the service needs of the dually
diagnosed;
(3) an evaluation to identify and document replicable, community-wide
programs that provide integrated, comprehensive services that result in
service delivery models which prevent homelessness or lead to the
successful relocation of the homeless into permanent housing; and
(4) an identification through the evaluation conducted under this
subsection of those areas where services are lacking.
(Pub. L. 100-77, title VII, 755, as added Pub. L. 101-645, title VI,
641, Nov. 29, 1990, 104 Stat. 4746.)
This subchapter, referred to in subsec. (b)(1), was in the original
''this title'', meaning title VII of Pub. L. 100-77, which enacted this
subchapter and amended sections 1205 and 1207a of Title 20, Education,
and sections 1503 and 1551 of Title 29, Labor.
The Public Health Service Act, referred to in subsec. (b)(1), is act
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part C of title V,
referred to in subsec. (b)(2), probably means part C of title V of the
Public Health Service Act, which is classified generally to part C (
290cc-21 et seq.) of subchapter III-A of chapter 6A of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 201 of this title and Tables.
/1/ See References in Text note below.
42 USC -- 11466. Report by Secretary
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 12 months after November 29, 1990, the General
Accounting Office shall conduct a study --
(1) of the extent to which Federal laws, regulations, or policies are
hindering Federal facilities (such as cafeterias in the facilities of
the Department of Defense and Department of Veterans' Affairs) from
making available to programs or entities serving the homeless prepared
food that is not consumed, and the issues of liability relating to the
provision of such food; and
(2) prepare and submit, to the appropriate Committees of Congress, a
report containing the findings made as a result of the study conducted
under paragraph (1).
(Pub. L. 100-77, title VII, 756, as added Pub. L. 101-645, title VI,
641, Nov. 29, 1990, 104 Stat. 4747.)
42 USC -- Part E -- Miscellaneous Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11471. Study of youth homelessness
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization
The Secretary of Health and Human Services may make demonstration
grants to a qualified applicant for a special research project to study
the underlying causes of youth homelessness.
(b) Funding
The Secretary of Health and Human Services shall make available not
to exceed $50,000 of the funds appropriated under section 626 of this
title for fiscal year 1987 for the purpose of making a grant under this
section.
(Pub. L. 100-77, title VII, 761, July 22, 1987, 101 Stat. 533.)
42 USC -- 11472. Set-asides for Native Americans
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Not less than 1.5 percent of the funds provided under this subchapter
for each of the following programs shall be allocated to Indian tribes:
(1) The job training demonstration program established in section
11441 of this title.
(2) The emergency community services homeless grant program
established in section 11461 of this title.
(b) ''Indian tribe'' defined
For purposes of this section, the term ''Indian tribe'' means any
tribe, band, nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village corporation
(as defined in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized by the
Federal Government as eligible for special programs and services
provided to Indians because of their status as Indians.
(Pub. L. 100-77, title VII, 762, July 22, 1987, 101 Stat. 533.)
The Alaska Native Claims Settlement Act, referred to in subsec. (b),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 ( 1601 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and Tables.
42 USC -- Part F -- Family Support Centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11481. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this part:
(1) Advisory council
The term ''advisory council'' means the advisory council established
under section 11482(e)(2)(K) /1/ of this title.
(2) Eligible entity
The term ''eligible entity'' means State or local agencies, a Head
Start agency, any community-based organization of demonstrated
effectiveness as a community action agency under section 210 of the
Economic Opportunity Act of 1984 /2/ (42 U.S.C. 2790), public housing
agencies as defined in section 1437a(b)(6) of this title, State Housing
Finance Agencies, local education agencies, an institution of higher
education, a public hospital, a community development corporation, a
private industry council as defined under section 1512(a) of title 29, a
community health center, and any other public or private nonprofit
agency or organization specializing in delivering social services.
(3) Family case managers
The term ''family case managers'' means advisers operating under the
provisions of section 11484 of this title.
(4) Governmentally subsidized housing
The term ''governmentally subsidized housing'' means any rental
housing that is assisted under any Federal, State or local program
(including a tax credit or tax exempt financing program) and that serves
a population that predominately consists of very low income families or
individuals.
(5) Homeless
The term ''homeless'' has the same meaning given such term in the
subsections (a) and (c) of section 11302 of this title.
(6) Intensive and comprehensive supportive services
The term ''intensive and comprehensive supportive services'' means --
(A) in the case of services provided to infants, children and youth,
such services that shall be designed to enhance the physical, social,
and educational development of such infants and children and that shall
include, where appropriate /3/ nutritional services, screening and
referral services, child care services, early childhood development
programs, early intervention services for children with, or at-risk of
developmental delays, drop-out prevention services, after-school
activities, job readiness and job training services, education
(including basic skills and literacy services), emergency services
including special outreach services targeted to homeless and runaway
youth, crisis intervention and counseling services, and such other
services that the Secretary may deem necessary and appropriate;
(B) in the case of services provided to parents and other family
members, services designed to better enable parents and other family
members to contribute to their child's healthy development and that
shall include, where appropriate, substance abuse education, counseling,
referral for treatment, crisis intervention, employment counseling and
training as appropriate, life-skills training including personal
financial counseling, education including basic skills and literacy
services, parenting classes, training in consumer homemaking, and such
other services as the Secretary shall deem necessary and appropriate;
(C) in the case of services provided by family case managers, needs
assessment and support in accessing and maintaining appropriate public
assistance and social services, referral for substance abuse counseling
and treatment, counseling and crisis intervention, family advocacy
services, and housing assistance activities, housing counseling and
eviction or foreclosure prevention assistance and referral to sources of
emergency rental or mortgage assistance payments and home energy
assistance, and other services as appropriate.
(7) Low income
The term ''low income'' when applied to families or individuals means
a family or individual income that does not exceed 80 percent of the
median income for an individual or family in the area, as determined by
the Secretary of Housing and Urban Development, except that such
Secretary may establish income ceilings that are higher or lower than 80
percent of the median for the area on the basis of a finding by such
Secretary that such variations are necessary because of prevailing
levels of construction costs or unusually high or low individual or
family incomes.
(8) Secretary
The term ''Secretary'' means the Secretary of Health and Human
Services.
(9) Very low income
The term ''very low income'' when applied to families or individuals
means a family or individual income that does not exceed 50 percent of
the median income for an individual or family in the area, as determined
by the Secretary, except that the Secretary may establish income
ceilings that are higher or lower than 50 percent of the median for the
area on the basis of a finding by the Secretary that such variations are
necessary because of unusually high or low individual or family incomes.
(Pub. L. 100-77, title VII, 771, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4747.)
Section 210 of the Economic Opportunity Act of 1984 (42 U.S.C.
2790), referred to in par. (2), probably means section 210 of the
Economic Opportunity Act of 1964, Pub. L. 88-452, title II, Aug. 20,
1964, 78 Stat. 519, as amended, which was classified to section 2790 of
this title and was repealed by Pub. L. 97-35, title VI, 683(a), Aug.
13, 1981, 95 Stat. 519.
/1/ So in original. Probably should be section ''11482(e)(2)(J)''.
/2/ See References in Text note below.
/3/ So in original. Probably should be followed by a comma.
42 USC -- 11482. General grants for provision of services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
The Secretary is authorized to make not more than 30 grants to
eligible entities in rural, urban and suburban areas to pay the cost of
demonstration programs designed to encourage the provision of intensive
and comprehensive supportive services that will enhance the physical,
social, and educational development of low-income individuals and
families, especially those individuals in very low-income families who
were previously homeless and who are currently residing in
governmentally subsidized housing or who are at risk of becoming
homeless. Such grants shall be of sufficient size, scope, and quality
to be effective, and shall be distributed to various entities including
those in or near public housing developments, and in low income areas
both urban and nonurban.
(b) Gateway programs
The Secretary shall make available not more than 5 demonstration
grants in each fiscal year for Gateway programs in accordance with
section 11485 of this title.
(c) Agreements with eligible entities
The Secretary shall enter into contracts, agreements, or other
arrangements with eligible entities to carry out the provisions of this
section.
(d) Considerations by Secretary
In carrying out the provisions of this section, the Secretary shall
consider --
(1) the capacity of the eligible entity to administer the
comprehensive program for which assistance is sought;
(2) the proximity of the entities and facilities associated with the
program to the low-income families to be served by the program or the
ability of the entity to provide mobile or offsite services;
(3) the ability of the eligible entity to coordinate and integrate
its activities with State and local public agencies (such as agencies
responsible for education, employment and training, health and mental
health services, substance abuse services, social services, child care,
nutrition, income assistance, housing and energy assistance, and other
relevant services), with public or private non-profit agencies and
organizations that have a demonstrated record of effectiveness in
providing assistance to homeless families, and with appropriate
nonprofit private organizations involved in the delivery of eligible
support services;
(4) fiscal and administrative management of the eligible entity;
(5) the involvement of project participants and community
representatives in the planning and operation of the program to the
extent practicable; and
(6) the availability and proximity of comparable services provided by
Community Action Agencies unless the Community Action Agency is the
applicant and intends to expand existing services.
(e) Requirements
(1) In general
Each eligible entity desiring to receive a grant under this section
shall --
(A) have demonstrated effectiveness in providing or arranging for the
provision of services such as those required under this section;
(B) to the maximum extent practicable, expand, coordinate, integrate,
or contract with existing service providers, and avail itself of other
resource and reimbursement mechanisms that may be used to provide
services; and
(C) submit an application at such time in such manner and containing
or accompanied by such information, including the information required
under paragraph (2), as the Secretary shall reasonably require.
(2) Application
Each application submitted under paragraph (1)(C) shall --
(A) identify the population and geographic location to be served by
the program;
(B) provide assurances that services are closely related to the
identifiable needs of the target population;
(C) provide assurances that each program will provide directly or
arrange for the provision of intensive and comprehensive supportive
services;
(D) identify the referral providers, agencies, and organizations that
the program will use;
(E) describe the method of furnishing services at offsite locations,
if appropriate;
(F) describe the manner in which the services offered will be
accessed through existing program providers to the extent that they are
located in the immediate vicinity of the target population, or will
contract with such providers for community-based services within the
community to be served, and that funds provided under this section will
be utilized to create new services only to the extent that no other
funds can be obtained to fulfill the purpose. /1/
(G) describe how the program will relate to the State and local
agencies providing assistance to homeless families, or providing health,
nutritional, job training, education, housing and energy assistance, and
income maintenance services;
(H) describe the collection and provision of data on groups of
individuals and geographic areas to be served, including types of
services to be furnished, estimated cost of providing comprehensive
services on an average per user basis, types and natures of conditions
and needs to be identified and assisted, and such other information as
the Secretary requires;
(I) describe the manner in which the applicant will implement the
requirement of section 11483 of this title;
(J) provide for the establishment of an advisory council that shall
provide policy and programming guidance to the eligible entity,
consisting of not more than 15 members that shall include --
(i) participants in the programs, including parents;
(ii) representatives of local private industry;
(iii) individuals with expertise in the services the program intends
to offer;
(iv) representatives of the community in which the program will be
located;
(v) representatives of local government social service providers;
(vi) representatives of local law enforcement agencies;
(vii) representatives of the local public housing agency, where
appropriate; and
(viii) representatives of local education providers;
(K) describe plans for evaluating the impact of the program;
(L) include such additional assurances, including submitting
necessary reports, as the Secretary may reasonably require;
(M) contain an assurance that if the applicant intends to assess fees
for services provided with assistance under this section, such fees
shall be nominal in relation to the financial situation of the recipient
of such services; and
(N) contain an assurance that amounts received under a grant awarded
under this section shall be used to supplement not supplant Federal,
State and local funds currently utilized to provide services of the type
described in this section.
(f) Administrative provisions
(1) Administrative costs
Two percent of the amounts appropriated under this subchapter may be
used by the Secretary to administer and evaluate the program established
under this subchapter and to provide technical assistance to entities
for the development and submission of applications for grants under this
section.
(2) Limitation
Not more than 30 grants may be made under this part.
(3) Amount of grants
No grant made under this part may exceed $2,500,000 per year nor more
than a total of $4,000,000 for 2 years. Funds received under such
grants shall remain available until expended.
(g) Family support centers
Each program that receives assistance under this section shall
establish one or more family support centers that operate --
(1) in or near the immediate vicinity of governmentally subsidized
housing;
(2) in urban poverty areas; or
(3) in non-urban poverty areas.
Such centers shall be the primary location for the administration of
the programs and the provision of services under this subchapter.
(Pub. L. 100-77, title VII, 772, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4749.)
/1/ So in original. The period probably should be a semicolon.
42 USC -- 11483. Training and retention
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall require that entities that receive a grant under
section 11482 of this title use not more than 7 percent of such grant to
improve the retention and effectiveness of staff and volunteers.
(Pub. L. 100-77, title VII, 773, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4752.)
42 USC -- 11484. Family case managers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Requirement
Each entity that receives a grant under section 11482 of this title
shall employ, subject to subsection (e) /1/ of this section, an
appropriate number of individuals with expertise in the provision of
intensive and comprehensive supportive services to serve as family case
managers for the program.
(b) Needs assessment
Each low-income family that desires to receive services from a
program that receives assistance under this part shall be assessed by a
family case manager on such family's initial visit to such program as to
their need for services.
(c) Continuing functions
Family case managers shall formulate a service plan based on a needs
assessment for each family. Such case manager shall carry out such
plan, and remain available to provide such family with counseling and
referral services, to enable such family to become self-sufficient. In
carrying out such plan the case manager shall conduct monitoring,
tracking, and follow-up activities, as appropriate.
(d) Limitation
Each family case manager shall have a caseload that is of a
sufficiently small size so as to permit such manager to effectively
manage the delivery of comprehensive services to those families assigned
to such manager.
(Pub. L. 100-77, title VII, 774, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4752.)
/1/ So in original. Probably should be subsection ''(d)''.
42 USC -- 11485. Gateway programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall use amounts made available in accordance with
section 11482(b) of this title to make not more than 5 demonstration
grants to local education agencies who, in consultation with the local
public housing authority and private industry council, agree to provide
on-site education, training and necessary support services to
economically disadvantaged residents of public housing.
(b) Selection of grant recipients
The Secretary of Health and Human Services, in consultation with the
Secretary of Education, shall select a local education agency to receive
a grant under subsection (a) of this section if such agency has
cooperated with the local public housing authority in order to meet the
following requirements:
(1) The local education agency shall demonstrate to the Secretary
that training and ancillary support services will be accessed through
existing program providers to the extent that they are located in the
immediate vicinity of the public housing development, or will contract
with such providers for on-site service delivery, and that funds
provided under this section will be utilized to purchase such services
only to the extent that no other funds can be obtained to fulfill the
purpose.
(2) The public housing agency shall agree to make available suitable
facilities in the public housing development for the provision of
education, training and support services under this section.
(3) The local education agency shall demonstrate that the recipients
of service have been recruited with the assistance of the public housing
authority and are eligible individuals in accordance with the priorities
established in subsection (c) of this section.
(4) The local education agency shall demonstrate the ability to
coordinate the services provided in this section with other services
provided, with the public housing development and private industry
council as well as with other public and private agencies and
community-based organizations of demonstrated effectiveness providing
similar and ancillary services to the target population.
(5) The local education agency shall demonstrate that they have, to
the fullest extent practicable, attempted to employ residents of the
public housing development to carry out the purposes of this section
whenever qualified residents are available.
(c) Individuals eligible for services
Local education agencies receiving grants under this section shall
target participation in the training and services provided under such
grants to individuals who --
(1) reside in public housing;
(2) are economically disadvantaged; and
(3) have encountered barriers to employment because of basic skills
deficiency including not having a high school diploma, GED, or the
equivalent.
(d) Priority
Local education agencies providing services under this section shall
give priority to single heads of households with young dependent
children.
(e) Mandatory services
Any local education agency that receives a grant under this section
shall establish a Gateway program to provide --
(1) outreach and information services designed to make eligible
individuals aware of available services;
(2) literacy and bilingual education services, where appropriate;
(3) remedial education and basic skills training;
(4) employment training and personal management skill development or
referrals for such services; and
(5) child care or dependent care for dependents of eligible
individuals during those times, including afternoons and evenings, when
training services are being provided.
To the extent practicable, child care or dependent care services
shall be designed to employ public housing residents after appropriate
training.
(f) Permissive services
Local education agencies receiving grants under this section may make
available, as part of their Gateway programs --
(1) pre-employment skills training;
(2) employment counseling and application assistance;
(3) job development services;
(4) job training;
(5) Federal employment-related activity services;
(6) completion of high school or GED program services;
(7) transitional assistance, including child care for up to 6 months
to enable such individual to successfully secure unsubsidized
employment;
(8) substance abuse prevention and education; and
(9) other support services that the Secretary deems to be
appropriate.
(Pub. L. 100-77, title VII, 775, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4752.)
42 USC -- 11486. Evaluation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall contract for an independent evaluation of the
programs and entities that receive assistance under this subchapter.
Such evaluation shall be complete not later than the date that is 15
months after the date on which the first grants are awarded under this
subchapter.
(b) Matter to be evaluated
The evaluation conducted under subsection (a) of this section shall
examine the degree to which the programs receiving assistance under this
subchapter have fulfilled the objectives included in the application in
accordance with section 11432(e)(2) /1/ of this title in --
(1) enhancing the living conditions in low income housing and in
neighborhoods;
(2) improving the physical, social and educational development of low
income children and families served by the program;
(3) achieving progress towards increased potential for independence
and self-sufficiency among families served by the program;
(4) the degree to which the provision of services is affected by
caseload size;
(5) promoting increases in literacy levels and basic employment
skills among residents of public housing developments served by grants
under section 11486 /2/ of this title; and
(6) such other factors that the Secretary may reasonably require.
(c) Information
Each eligible entity receiving a grant under this part shall furnish
information requested by evaluators in order to carry out this section.
(d) Results
The results of such evaluation shall be provided by the Secretary to
the eligible entities conducting the programs to enable such entities to
improve such programs.
(Pub. L. 100-77, title VII, 776, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4754.)
/1/ So in original. Probably should be section ''11482(e)(2)''.
/2/ So in original. Probably should be section ''11485''.
42 USC -- 11487. Report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than July 1, 1992, the Secretary shall prepare and submit,
to the Committee on Education and Labor, /1/ of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate, a report --
(1) concerning the evaluation required under section 11486 of this
title;
(2) providing recommendations for replicating grant programs,
including identifying the geographic and demographic characteristics of
localities where this service coordination and delivery system may prove
effective;
(3) describing any alternative sources of funding utilized or
available for the provision of services of the type described in this
part; and
(4) describing the degree to which entities are coordinating with
other existing programs.
(Pub. L. 100-77, title VII, 777, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4754.)
/1/ So in original. The comma probably should not appear.
42 USC -- 11488. Construction
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Nothing in this part shall be construed to modify the Federal
selection preferences described in section 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437d) or the authorized policies and
procedures of governmental housing authorities operating under annual
assistance contracts pursuant to such Act (42 U.S.C. 1437 et seq.) with
respect to admissions, tenant selection and evictions.
(Pub. L. 100-77, title VII, 778, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4755.)
The United States Housing Act of 1937, referred to in text, is act
Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title
II, 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is
classified generally to chapter 8 ( 1437 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1437 of this title and Tables.
42 USC -- 11489. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this part,
$50,000,000 for fiscal year 1991, $55,000,000 for fiscal year 1992, and
such sums as may be necessary for fiscal year 1993.
(Pub. L. 100-77, title VII, 779, as added Pub. L. 101-645, title VI,
651, Nov. 29, 1990, 104 Stat. 4755.)
42 USC -- CHAPTER 120 -- ENTERPRISE ZONE DEVELOPMENT
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
11501. Designation of enterprise zones.
(a) Designation of zones.
(b) Period for which designation is in effect.
(c) Area and eligibility requirements.
(d) Required State and local commitments.
(e) Definitions.
11502. Evaluation and reporting requirements.
11503. Interaction with other Federal programs.
(a) Coordination with relocation assistance.
(b) Enterprise zones treated as labor surplus areas.
11504. Waiver or modification of housing and community development
rules in enterprise zones.
(a) In general.
(b) Limitation.
(c) Submission of requests.
(d) Consideration of requests.
(e) Notice of disapproval.
(f) Period for determination.
(g) Applicable procedures.
(h) Effect of subsequent amendment of rules.
(i) Expiration of waivers and modifications.
(j) Definitions.
11505. Coordination with CDBG and UDAG programs.
42 USC -- 11501. Designation of enterprise zones
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Designation of zones
(1) ''Enterprise zone'' defined
For purposes of this section, the term ''enterprise zone'' means any
area that --
(A) is nominated by one or more local governments and the State or
States in which it is located for designation as an enterprise zone (in
this section referred to as a ''nominated area''); and
(B) the Secretary of Housing and Urban Development designates as an
enterprise zone, after consultation with --
(i) the Secretaries of Agriculture, Commerce, Labor, and the
Treasury, the Director of the Office of Management and Budget, and the
Administrator of the Small Business Administration; and
(ii) in the case of an area on an Indian reservation, the Secretary
of the Interior.
(2) Number of designations
(A) In general
The Secretary of Housing and Urban Development may designate not more
than 100 nominated areas as enterprise zones.
(B) Minimum designation in rural areas
Of the areas designated under subparagraph (A), not less than 1/3
shall be areas that --
(i) are within a local government jurisdiction or jurisdictions with
a population of less than 50,000 (as determined under the most recent
census data available);
(ii) are outside of a metropolitan statistical area (as designated by
the Director of the Office of Management and Budget); or
(iii) that are determined by the Secretary, after consultation with
the Secretary of Commerce, to be rural areas.
(3) Areas designated based solely on degree of poverty
(A) In general
Except as provided in subparagraph (B), the Secretary shall designate
(i) the nominated areas with the highest average ranking with respect to
the criteria set forth in subparagraphs (C) and (D) of subsection (c)(3)
of this section, and the 1 criterion set forth in subparagraph (E)(i) or
(E)(ii) of subsection (c)(3) of this section that gives an area a higher
ranking; and (ii) for areas described in paragraph (2)(B), the
nominated areas with the highest ranking with respect to the 1 criterion
set forth in subparagraph (C), (D), (E)(i), or (E)(ii) of subsection
(c)(3) of this section that gives an area a higher ranking. For
purposes of the preceding sentence, an area shall be ranked within each
such criterion on the basis of the amount by which the area exceeds such
criterion, with the area that exceeds such criterion by the greatest
amount given the highest ranking.
(B) Exception where inadequate course of action, etc.
An area shall not be designated under subparagraph (A) if the
Secretary determines that the course of action with respect to such area
is inadequate.
(C) Separate application to rural and other areas
Subparagraph (A) shall be applied separately with respect to areas
described in paragraph (2)(B) and to other areas.
(4) Limitation on designations
(A) Publication of regulations
Before designating any area as an enterprise zone, the Secretary
shall prescribe by regulation not later than 4 months following February
5, 1988, after consultation with the officials described in paragraph
(1)(B) --
(i) the procedures for nominating an area under paragraph (1)(A);
(ii) the parameters relating to the size and population
characteristics of an enterprise zone; and
(iii) the manner in which nominated areas will be evaluated based on
the criteria specified in subsection (d) of this section.
(B) Time limitations
The Secretary shall designate nominated areas as enterprise zones
only during the 24-month period beginning on the 1st day of the 1st
month following the month in which the effective date of the regulations
described in subparagraph (A) occurs.
(C) Procedural rules
The Secretary shall not make any designation under paragraph (1)
unless --
(i) the local governments and the State in which the nominated area
is located have the authority --
(I) to nominate such area for designation as an enterprise zone;
(II) to make the State and local commitments under subsection (d) of
this section; and
(III) to provide assurances satisfactory to the Secretary that such
commitments will be fulfilled;
(ii) a nomination therefor is submitted in such a manner and in such
form, and contains such information, as the Secretary shall by
regulation prescribe;
(iii) the Secretary determines that any information furnished is
reasonably accurate; and
(iv) the State and local governments certify that no portion of the
area nominated is already included in an enterprise zone or in an area
otherwise nominated to be an enterprise zone.
(5) Nomination process for Indian reservations
In the case of a nominated area on an Indian reservation, the
reservation governing body (as determined by the Secretary of the
Interior) shall be deemed to be both the State and local governments
with respect to such area.
(b) Period for which designation is in effect
(1) In general
Any designation of an area as an enterprise zone shall remain in
effect during the period beginning on the date of the designation and
ending on the earliest of --
(A) December 31 of the 24th calendar year following the calendar year
in which such date occurs;
(B) the termination date designated by the State and local
governments as provided for in their nomination pursuant to subsection
(a)(4)(C)(ii) of this section; or
(C) the date the Secretary revokes such designation under paragraph
(2).
(2) Revocation of designation
The Secretary, after consultation with the officials described in
subsection (a)(1)(B) of this section and a hearing on the record
involving officials of the State or local government involved, may
revoke the designation of an area if the Secretary determines that the
local government or the State in which it is located is not complying
substantially with the State and local commitments pursuant to
subsection (d) of this section.
(c) Area and eligibility requirements
(1) In general
The Secretary may make a designation of any nominated area under
subsection (a)(1) of this section only if it meets the requirements of
paragraphs (2) and (3).
(2) Area requirements
A nominated area meets the requirements of this paragraph if --
(A) the area is within the jurisdiction of the local government;
(B) the boundary of the area is continuous; and
(C) the area --
(i) has a population, as determined by the most recent census data
available, of not less than --
(I) 4,000 if any portion of such area (other than a rural area
described in subsection (a)(2)(B)(i) of this section) is located within
a metropolitan statistical area (as designated by the Director of the
Office of Management and Budget) with a population of 50,000 or more;
or
(II) 1,000 in any other case; or
(ii) is entirely within an Indian reservation (as determined by the
Secretary of the Interior).
(3) Eligibility requirements
For purposes of paragraph (1), a nominated area meets the
requirements of this paragraph if the State and local governments in
which it is located certify and the Secretary, after such review of
supporting data as he deems appropriate, accepts such certification,
that --
(A) the area is one of pervasive poverty, unemployment, and general
distress;
(B) the area is located wholly within the jurisdiction of a local
government that is eligible for Federal assistance under section 5318 of
this title, as in effect on February 5, 1988;
(C) the unemployment rate, as determined by the appropriate available
data, was not less than 1.5 times the national unemployment rate for
that period;
(D) the poverty rate (as determined by the most recent census data
available) for each populous census tract (or where not tracted, the
equivalent county division as defined by the Bureau of the Census for
the purpose of defining poverty areas) within the area was not less than
20 percent for the period to which such data relate; and
(E) the area meets at least one of the following criteria:
(i) Not less than 70 percent of the households living in the area
have incomes below 80 percent of the median income of households of the
local government (determined in the same manner as under section 5318 of
this title).
(ii) The population of the area decreased by 20 percent or more
between 1970 and 1980 (as determined from the most recent census
available).
(4) Eligibility requirements for rural areas
For purposes of paragraph (1), a nominated area that is a rural area
described in subsection (a)(2)(B) of this section meets the requirements
of paragraph (3) if the State and local governments in which it is
located certify and the Secretary, after such review of supporting data
as he deems appropriate, accepts such certification, that the area meets
--
(A) the criteria set forth in subparagraphs (A) and (B) of paragraph
(3); and
(B) not less than one of the criteria set forth in the other
subparagraphs of paragraph (3).
(d) Required State and local commitments
(1) In general
No nominated area shall be designated as an enterprise zone unless
the local government and the State in which it is located agree in
writing that, during any period during which the area is an enterprise
zone, such governments will follow a specified course of action
designated to reduce the various burdens borne by employers or employees
in such area. A course of action shall not be treated as meeting the
requirements of this paragraph unless the course of action include
provisions described in not less than 4 of the subparagraphs of
paragraph (2).
(2) Course of action
The course of action under paragraph (1) may be implemented by both
such governments and private nongovernmental entities, may be funded
from proceeds of any program administered by the Secretary of Housing
and Urban Development or of any program administered by the Secretary of
Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.), and may include, but is not limited to --
(A) a reduction of tax rates or fees applying within the enterprise
zone;
(B) an increase in the level of public services, or in the efficiency
of the delivery of public services, within the enterprise zone;
(C) actions to reduce, remove, simplify, or streamline paperwork
requirements within the enterprise zone;
(D) involvement in the program by public authorities or private
entities, organizations, neighborhood associations, and community
groups, particularly those within the nominated area, including a
written commitment to provide jobs and job training for, and technical,
financial, or other assistance to, employers, employees, and residents
of the nominated area;
(E) the giving of special preference to contractors owned and
operated by members of any minority; and
(F) the gift (or sale at below fair market value) of surplus land in
the enterprise zone to neighborhood organizations agreeing to operate a
business on the land.
(3) Recognition of past efforts
In evaluating courses of action agreed to by any State or local
government, the Secretary shall take into account the past efforts of
such State or local government in reducing the various burdens borne by
employers and employees in the area involved.
(4) Prohibition of assistance for business relocations
(A) In general
The course of action implemented under paragraph (1) may not include
any action to assist --
(i) any establishment relocating from one area to another area; or
(ii) any subcontractor whose purpose is to divest, or whose economic
success is dependent upon divesting, any other contractor or
subcontractor of any contract customarily performed by such other
contractor or subcontractor.
(B) Exception
The limitations established in subparagraph (A) shall not be
construed to prohibit assistance for the expansion of an existing
business entity through the establishment of a new branch, affiliate, or
subsidiary if the Secretary --
(i) finds that the establishment of the new branch, affiliate, or
subsidiary will not result in an increase in unemployment in the area of
original location or in any other area where the existing business
entity conducts business operations; and
(ii) has no reason to believe that the new branch, affiliate, or
subsidiary is being established with the intention of closing down the
operations of the existing business entity in the area of its original
location or in any other area where the existing business entity
conducts business operations.
(e) Definitions
For purposes of this section:
(1) Government
If more than one government seeks to nominate an area as an
enterprise zone, any reference to, or requirement of, this section shall
apply to all such governments.
(2) Local government
The term ''local government'' means --
(A) any county, city, town, township, parish, village, or other
general purpose political subdivision of a State;
(B) any combination of political subdivisions described in
subparagraph (A) recognized by the Secretary; and
(C) the District of Columbia.
(3) Secretary
The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(4) State
The term ''State'' includes Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, and any other possession
of the United States.
(Pub. L. 100-242, title VII, 701, Feb. 5, 1988, 101 Stat. 1957;
Pub. L. 100-628, title X, 1090(a), (b), Nov. 7, 1988, 102 Stat. 3283.)
The Housing Act of 1949, referred to in subsec. (d)(2), is act July
15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Housing
Act of 1949 is classified generally to subchapter III ( 1471 et seq.) of
chapter 8A of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1441 of this title
and Tables.
1988 -- Subsec. (a)(2)(B). Pub. L. 100-628, 1090(b), substituted
''under subparagraph (A)'' for ''under clause (i)'' in introductory
provisions.
Subsec. (a)(3)(A). Pub. L. 100-628, 1090(a), amended first sentence
generally. Prior to amendment, first sentence read as follows:
''Except as provided in subparagraph (B), the Secretary shall designate
the nominated areas with the highest average ranking with respect to the
criteria set forth in subparagraphs (C), (D), and (E) of subsection
(c)(3) of this section.''
Section 1090(c) of Pub. L. 100-628 provided that: ''Not later than
30 days after the date of the enactment of this Act (Nov. 7, 1988), the
Secretary of Housing and Urban Development shall revise the regulations
issued by the Secretary to carry out title VII of the Housing and
Community Development Act of 1987 (42 U.S.C. 11501 et seq.) by issuing a
final regulation, effective upon the date of publication, that carries
out the amendments made by this section (amending this section).''
42 USC -- 11502. Evaluation and reporting requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than the close of the 4th calendar year after the year in
which the Secretary of Housing and Urban Development first designates
areas as enterprise zones, and at the close of each 4th calendar year
thereafter, the Secretary shall prepare and submit to the Congress a
report on the effects of such designation in accomplishing the purposes
of this chapter.
(Pub. L. 100-242, title VII, 702, Feb. 5, 1988, 101 Stat. 1961.)
42 USC -- 11503. Interaction with other Federal programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Coordination with relocation assistance
The designation of an enterprise zone under section 11501 of this
title shall not --
(1) constitute approval of a Federal or federally assisted program or
project (within the meaning of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.)); or
(2) entitle any person displaced from real property located in such
zone to any rights or any benefits under such Act.
(b) Enterprise zones treated as labor surplus areas
Any area that is designated as an enterprise zone under section 11501
of this title shall be treated for all purposes under Federal law as a
labor surplus area.
(Pub. L. 100-242, title VII, 703, Feb. 5, 1988, 101 Stat. 1961.)
The Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970, referred to in subsec. (a), probably means the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended,
which is classified principally to chapter 61 ( 4601 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 4601 of this title and Tables.
42 USC -- 11504. Waiver or modification of housing and community
development rules in enterprise zones
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Upon the written request of the governments that designated and
approved an area that has been designated as an enterprise zone under
section 11501 of this title, the Secretary of Housing and Urban
Development (or, with respect to any rule issued under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.), the Secretary of
Agriculture) may, in order to further the job creation, community
development, or economic revitalization objectives of the zone, waive or
modify all or part of any rule that the Secretary has authority to
promulgate, as such rule pertains to the carrying out of projects,
activities, or undertakings within the zone.
(b) Limitation
No provision of this section may be construed to authorize the
Secretary to waive or modify any rule adopted to carry out a statute or
Executive order that prohibits, or the purpose of which is to protect
persons against, discrimination on the basis of race, color, religion,
sex, marital status, national origin, age, or handicap.
(c) Submission of requests
A request under subsection (a) of this section shall specify the rule
or rules to be waived or modified and the change proposed, and shall
briefly describe why the change would promote the achievement of the job
creation, community development, or economic revitalization objectives
of the enterprise zone. If a request is made to the Secretary of
Agriculture, the requesting governments shall send a copy of the request
to the Secretary of Housing and Urban Development at the time the
request is made.
(d) Consideration of requests
In considering a request, the Secretary shall weigh the extent to
which the proposed change is likely to further job creation, community
development, or economic revitalization within the enterprise zone
against the effect the change is likely to have on the underlying
purposes of applicable statutes in the geographic area that would be
affected by the change. The Secretary shall approve the request
whenever the Secretary finds, in the discretion of the Secretary, that
the public interest that the proposed change would serve in furthering
such job creation, community development or economic revitalization
outweighs the public interest that continuation of the rule unchanged
would serve in furthering such underlying purposes. The Secretary shall
not approve any request to waive or modify a rule if that waiver or
modification would --
(1) directly violate a statutory requirement; or
(2) be likely to present a significant risk to the public health,
including environmental health or safety.
(e) Notice of disapproval
If a request is disapproved, the Secretary shall inform the
requesting governments in writing of the reasons therefor and shall, to
the maximum extent possible, work with such governments to develop an
alternative, consistent with the standards contained in subsection (d)
of this section.
(f) Period for determination
The Secretary shall discharge the responsibilities of the Secretary
under this section in an expeditious manner, and shall make a
determination on requests not later than 90 days after their receipt.
(g) Applicable procedures
A waiver or modification of a rule under subsection (a) of this
section shall not be considered to be a rule, rulemaking, or regulation
under chapter 5 of title 5. To facilitate reaching a decision on any
requested waiver or modification, the Secretary may seek the views of
interested parties and, if the views are to be sought, determine how
they should be obtained and to what extent, if any, they should be taken
into account in considering the request. The Secretary shall publish a
notice in the Federal Register stating any waiver or modification of a
rule under this section.
(h) Effect of subsequent amendment of rules
In the event that the Secretary proposes to amend a rule for which a
waiver or modification under this section is in effect, the Secretary
shall not change the waiver or modification to impose additional
requirements unless the Secretary determines, consistent with standards
contained in subsection (d) of this section, that such action is
necessary.
(i) Expiration of waivers and modifications
No waiver or modification of a rule under this section shall remain
in effect for a longer period than the period for which the enterprise
zone designation remains in effect for the area in which the waiver or
modification applies.
(j) Definitions
For purposes of this section:
(1) Rule
The term ''rule'' means --
(A) any rule as defined in section 551(4) of title 5; or
(B) any rulemaking conducted on the record after opportunity for an
agency hearing pursuant to sections 556 and 557 of title 5.
(2) Secretary
The term ''Secretary'' means the Secretary of Housing and Urban
Development or, with respect to any rule issued under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.), the Secretary of
Agriculture.
(Pub. L. 100-242, title VII, 704, Feb. 5, 1988, 101 Stat. 1962.)
The Housing Act of 1949, referred to in subsecs. (a) and (j)(2), is
act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the
Housing Act of 1949 is classified generally to subchapter III ( 1471 et
seq.) of chapter 8A of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1441 of this
title and Tables.
42 USC -- 11505. Coordination with CDBG and UDAG programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
It is the policy of the Congress that amounts provided under the
community development block grant and urban development action grant
programs under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) shall not be reduced in any fiscal year in
which the provisions of this chapter are in effect.
(Pub. L. 100-242, title VII, 706, Feb. 5, 1988, 101 Stat. 1964.)
The Housing and Community Development Act of 1974, referred to in
text, is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended.
Title I of the Housing and Community Development Act of 1974 is
classified principally to chapter 69 ( 5301 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 5301 of this title and Tables.
42 USC -- CHAPTER 121 -- INTERNATIONAL CHILD ABDUCTION REMEDIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
11601. Findings and declarations.
(a) Findings.
(b) Declarations.
11602. Definitions.
11603. Judicial remedies.
(a) Jurisdiction of courts.
(b) Petitions.
(c) Notice.
(d) Determination of case.
(e) Burdens of proof.
(f) Application of Convention.
(g) Full faith and credit.
(h) Remedies under Convention not exclusive.
11604. Provisional remedies.
(a) Authority of courts.
(b) Limitation on authority.
11605. Admissibility of documents.
11606. United States Central Authority.
(a) Designation.
(b) Functions.
(c) Regulatory authority.
(d) Obtaining information from Parent Locator Service.
11607. Costs and fees.
(a) Administrative costs.
(b) Costs incurred in civil actions.
11608. Collection, maintenance, and dissemination of information.
(a) In general.
(b) Requests for information.
(c) Responsibility of government entities.
(d) Information available from Parent Locator Service.
(e) Recordkeeping.
11609. Interagency coordinating group.
11610. Authorization of appropriations.
42 USC -- 11601. Findings and declarations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
The Congress makes the following findings:
(1) The international abduction or wrongful retention of children is
harmful to their well-being.
(2) Persons should not be permitted to obtain custody of children by
virtue of their wrongful removal or retention.
(3) International abductions and retentions of children are
increasing, and only concerted cooperation pursuant to an international
agreement can effectively combat this problem.
(4) The Convention on the Civil Aspects of International Child
Abduction, done at The Hague on October 25, 1980, establishes legal
rights and procedures for the prompt return of children who have been
wrongfully removed or retained, as well as for securing the exercise of
visitation rights. Children who are wrongfully removed or retained
within the meaning of the Convention are to be promptly returned unless
one of the narrow exceptions set forth in the Convention applies. The
Convention provides a sound treaty framework to help resolve the problem
of international abduction and retention of children and will deter such
wrongful removals and retentions.
(b) Declarations
The Congress makes the following declarations:
(1) It is the purpose of this chapter to establish procedures for the
implementation of the Convention in the United States.
(2) The provisions of this chapter are in addition to and not in lieu
of the provisions of the Convention.
(3) In enacting this chapter the Congress recognizes --
(A) the international character of the Convention; and
(B) the need for uniform international interpretation of the
Convention.
(4) The Convention and this chapter empower courts in the United
States to determine only rights under the Convention and not the merits
of any underlying child custody claims.
(Pub. L. 100-300, 2, Apr. 29, 1988, 102 Stat. 437.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'' meaning Pub. L. 100-300, Apr. 29, 1988, 102 Stat. 437, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note below and Tables.
Section 1 of Pub. L. 100-300 provided that: ''This Act (enacting
this chapter and amending section 663 of this title) may be cited as the
'International Child Abduction Remedies Act'.''
42 USC -- 11602. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purposes of this chapter --
(1) the term ''applicant'' means any person who, pursuant to the
Convention, files an application with the United States Central
Authority or a Central Authority of any other party to the Convention
for the return of a child alleged to have been wrongfully removed or
retained or for arrangements for organizing or securing the effective
exercise of rights of access pursuant to the Convention;
(2) the term ''Convention'' means the Convention on the Civil Aspects
of International Child Abduction, done at The Hague on October 25, 1980;
(3) the term ''Parent Locator Service'' means the service established
by the Secretary of Health and Human Services under section 653 of this
title;
(4) the term ''petitioner'' means any person who, in accordance with
this chapter, files a petition in court seeking relief under the
Convention;
(5) the term ''person'' includes any individual, institution, or
other legal entity or body;
(6) the term ''respondent'' means any person against whose interests
a petition is filed in court, in accordance with this chapter, which
seeks relief under the Convention;
(7) the term ''rights of access'' means visitation rights;
(8) the term ''State'' means any of the several States, the District
of Columbia, and any commonwealth, territory, or possession of the
United States; and
(9) the term ''United States Central Authority'' means the agency of
the Federal Government designated by the President under section
11606(a) of this title.
(Pub. L. 100-300, 3, Apr. 29, 1988, 102 Stat. 437.)
42 USC -- 11603. Judicial remedies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Jurisdiction of courts
The courts of the States and the United States district courts shall
have concurrent original jurisdiction of actions arising under the
Convention.
(b) Petitions
Any person seeking to initiate judicial proceedings under the
Convention for the return of a child or for arrangements for organizing
or securing the effective exercise of rights of access to a child may do
so by commencing a civil action by filing a petition for the relief
sought in any court which has jurisdiction of such action and which is
authorized to exercise its jurisdiction in the place where the child is
located at the time the petition is filed.
(c) Notice
Notice of an action brought under subsection (b) of this section
shall be given in accordance with the applicable law governing notice in
interstate child custody proceedings.
(d) Determination of case
The court in which an action is brought under subsection (b) of this
section shall decide the case in accordance with the Convention.
(e) Burdens of proof
(1) A petitioner in an action brought under subsection (b) of this
section shall establish by a preponderance of the evidence --
(A) in the case of an action for the return of a child, that the
child has been wrongfully removed or retained within the meaning of the
Convention; and
(B) in the case of an action for arrangements for organizing or
securing the effective exercise of rights of access, that the petitioner
has such rights.
(2) In the case of an action for the return of a child, a respondent
who opposes the return of the child has the burden of establishing --
(A) by clear and convincing evidence that one of the exceptions set
forth in article 13b or 20 of the Convention applies; and
(B) by a preponderance of the evidence that any other exception set
forth in article 12 or 13 of the Convention applies.
(f) Application of Convention
For purposes of any action brought under this chapter --
(1) the term ''authorities'', as used in article 15 of the Convention
to refer to the authorities of the state of the habitual residence of a
child, includes courts and appropriate government agencies;
(2) the terms ''wrongful removal or retention'' and ''wrongfully
removed or retained'', as used in the Convention, include a removal or
retention of a child before the entry of a custody order regarding that
child; and
(3) the term ''commencement of proceedings'', as used in article 12
of the Convention, means, with respect to the return of a child located
in the United States, the filing of a petition in accordance with
subsection (b) of this section.
(g) Full faith and credit
Full faith and credit shall be accorded by the courts of the States
and the courts of the United States to the judgment of any other such
court ordering or denying the return of a child, pursuant to the
Convention, in an action brought under this chapter.
(h) Remedies under Convention not exclusive
The remedies established by the Convention and this chapter shall be
in addition to remedies available under other laws or international
agreements.
(Pub. L. 100-300, 4, Apr. 29, 1988, 102 Stat. 438.)
42 USC -- 11604. Provisional remedies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority of courts
In furtherance of the objectives of article 7(b) and other provisions
of the Convention, and subject to the provisions of subsection (b) of
this section, any court exercising jurisdiction of an action brought
under section 11603(b) of this title may take or cause to be taken
measures under Federal or State law, as appropriate, to protect the
well-being of the child involved or to prevent the child's further
removal or concealment before the final disposition of the petition.
(b) Limitation on authority
No court exercising jurisdiction of an action brought under section
11603(b) of this title may, under subsection (a) of this section, order
a child removed from a person having physical control of the child
unless the applicable requirements of State law are satisfied.
(Pub. L. 100-300, 5, Apr. 29, 1988, 102 Stat. 439.)
42 USC -- 11605. Admissibility of documents
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
With respect to any application to the United States Central
Authority, or any petition to a court under section 11603 of this title,
which seeks relief under the Convention, or any other documents or
information included with such application or petition or provided after
such submission which relates to the application or petition, as the
case may be, no authentication of such application, petition, document,
or information shall be required in order for the application, petition,
document, or information to be admissible in court.
(Pub. L. 100-300, 6, Apr. 29, 1988, 102 Stat. 439.)
42 USC -- 11606. United States Central Authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Designation
The President shall designate a Federal agency to serve as the
Central Authority for the United States under the Convention.
(b) Functions
The functions of the United States Central Authority are those
ascribed to the Central Authority by the Convention and this chapter.
(c) Regulatory authority
The United States Central Authority is authorized to issue such
regulations as may be necessary to carry out its functions under the
Convention and this chapter.
(d) Obtaining information from Parent Locator Service
The United States Central Authority may, to the extent authorized by
the Social Security Act (42 U.S.C. 301 et seq.), obtain information from
the Parent Locator Service.
(Pub. L. 100-300, 7, Apr. 29, 1988, 102 Stat. 439.)
The Social Security Act, referred to in subsec. (d), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 ( 301 et seq.) of this title. For complete
classification of this Act to the Code, see section 1305 of this title
and Tables.
Ex. Ord. No. 12648, Aug. 11, 1988, 53 F.R. 30637, provided:
The United States of America deposited its instrument of ratification
of the Hague Convention on the Civil Aspects of International Child
Abduction (''Convention'') on April 29, 1988. The Convention entered
into force for the United States on July 1, 1988. Article 6 of the
Convention imposes upon Contracting States an obligation to designate a
''Central Authority'' for the purpose of discharging certain specified
functions.
In order that the Government of the United States of America may give
full and complete effect to the Convention, and pursuant to section 7 of
the International Child Abduction Remedies Act, Public Law No. 100-300
(1988) (42 U.S.C. 11606), it is expedient and necessary that I designate
a Central Authority within the Executive branch of said Government:
NOW, THEREFORE, by virtue of the authority vested in me as President
by the Constitution and the laws of the United States, including section
301 of Title 3 of the United States Code and section 7 of the
International Child Abduction Remedies Act, it is ordered as follows:
Section 1. Designation of Central Authority. The Department of
State is hereby designated as the Central Authority of the United States
for purposes of the Hague Convention on the Civil Aspects of
International Child Abduction. The Secretary of State is hereby
authorized and empowered, in accordance with such regulations as he may
prescribe, to perform all lawful acts that may be necessary and proper
in order to execute the functions of the Central Authority in a timely
and efficient manner.
Ronald Reagan.
42 USC -- 11607. Costs and fees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Administrative costs
No department, agency, or instrumentality of the Federal Government
or of any State or local government may impose on an applicant any fee
in relation to the administrative processing of applications submitted
under the Convention.
(b) Costs incurred in civil actions
(1) Petitioners may be required to bear the costs of legal counsel or
advisors, court costs incurred in connection with their petitions, and
travel costs for the return of the child involved and any accompanying
persons, except as provided in paragraphs (2) and (3).
(2) Subject to paragraph (3), legal fees or court costs incurred in
connection with an action brought under section 11603 of this title
shall be borne by the petitioner unless they are covered by payments
from Federal, State, or local legal assistance or other programs.
(3) Any court ordering the return of a child pursuant to an action
brought under section 11603 of this title shall order the respondent to
pay necessary expenses incurred by or on behalf of the petitioner,
including court costs, legal fees, foster home or other care during the
course of proceedings in the action, and transportation costs related to
the return of the child, unless the respondent establishes that such
order would be clearly inappropriate.
(Pub. L. 100-300, 8, Apr. 29, 1988, 102 Stat. 440.)
42 USC -- 11608. Collection, maintenance, and dissemination of
information
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In performing its functions under the Convention, the United States
Central Authority may, under such conditions as the Central Authority
prescribes by regulation, but subject to subsection (c) of this section,
receive from or transmit to any department, agency, or instrumentality
of the Federal Government or of any State or foreign government, and
receive from or transmit to any applicant, petitioner, or respondent,
information necessary to locate a child or for the purpose of otherwise
implementing the Convention with respect to a child, except that the
United States Central Authority --
(1) may receive such information from a Federal or State department,
agency, or instrumentality only pursuant to applicable Federal and State
statutes; and
(2) may transmit any information received under this subsection
notwithstanding any provision of law other than this chapter.
(b) Requests for information
Requests for information under this section shall be submitted in
such manner and form as the United States Central Authority may
prescribe by regulation and shall be accompanied or supported by such
documents as the United States Central Authority may require.
(c) Responsibility of government entities
Whenever any department, agency, or instrumentality of the United
States or of any State receives a request from the United States Central
Authority for information authorized to be provided to such Central
Authority under subsection (a) of this section, the head of such
department, agency, or instrumentality shall promptly cause a search to
be made of the files and records maintained by such department, agency,
or instrumentality in order to determine whether the information
requested is contained in any such files or records. If such search
discloses the information requested, the head of such department,
agency, or instrumentality shall immediately transmit such information
to the United States Central Authority, except that any such information
the disclosure of which --
(1) would adversely affect the national security interests of the
United States or the law enforcement interests of the United States or
of any State; or
(2) would be prohibited by section 9 of title 13;
shall not be transmitted to the Central Authority. The head of such
department, agency, or instrumentality shall, immediately upon
completion of the requested search, notify the Central Authority of the
results of the search, and whether an exception set forth in paragraph
(1) or (2) applies. In the event that the United States Central
Authority receives information and the appropriate Federal or State
department, agency, or instrumentality thereafter notifies the Central
Authority that an exception set forth in paragraph (1) or (2) applies to
that information, the Central Authority may not disclose that
information under subsection (a) of this section.
(d) Information available from Parent Locator Service
To the extent that information which the United States Central
Authority is authorized to obtain under the provisions of subsection (c)
of this section can be obtained through the Parent Locator Service, the
United States Central Authority shall first seek to obtain such
information from the Parent Locator Service, before requesting such
information directly under the provisions of subsection (c) of this
section.
(e) Recordkeeping
The United States Central Authority shall maintain appropriate
records concerning its activities and the disposition of cases brought
to its attention.
(Pub. L. 100-300, 9, Apr. 29, 1988, 102 Stat. 440.)
42 USC -- 11609. Interagency coordinating group
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary of State, the Secretary of Health and Human Services,
and the Attorney General shall designate Federal employees and may, from
time to time, designate private citizens to serve on an interagency
coordinating group to monitor the operation of the Convention and to
provide advice on its implementation to the United States Central
Authority and other Federal agencies. This group shall meet from time
to time at the request of the United States Central Authority. The
agency in which the United States Central Authority is located is
authorized to reimburse such private citizens for travel and other
expenses incurred in participating at meetings of the interagency
coordinating group at rates not to exceed those authorized under
subchapter I of chapter 57 of title 5 for employees of agencies.
(Pub. L. 100-300, 10, Apr. 29, 1988, 102 Stat. 441.)
42 USC -- 11610. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated for each fiscal year such
sums as may be necessary to carry out the purposes of the Convention and
this chapter.
(Pub. L. 100-300, 12, Apr. 29, 1988, 102 Stat. 442.)
42 USC -- CHAPTER 122 -- NATIVE HAWAIIAN HEALTH CARE
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
11701. Findings.
11702. Comprehensive health care master plan for Native Hawaiians.
(a) Development.
(b) Authorization of appropriations.
11703. Native Hawaiian health centers.
(a) Comprehensive health promotion, disease prevention, and primary
health services.
(b) Qualified entity.
(c) Services to be provided.
(d) Limitation on number of entities.
(e) Matching funds.
(f) Restriction on use of grant and contract funds.
(g) Limitation on charges for services.
(h) Authorization of appropriations.
11704. Administrative grant for Papa Ola Lokahi.
(a) In general.
(b) Authorization of appropriations.
11705. Administration of grants and contracts.
(a) Terms and conditions.
(b) Periodic review.
(c) Administrative requirements.
(d) Contract evaluation.
(e) Limitation on use of funds for administrative expenses.
(f) Report.
(g) Annual private audit.
11706. Assignment of personnel.
(a) In general.
(b) Applicable Federal personnel provisions.
11707. Definitions.
11708. Rule of construction.
11709. Compliance with Budget Act.
11710. Severability.
42 USC -- 11701. Findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Congress finds that --
(1) the United States retains the legal responsibility to enforce the
administration of the public trust responsibility of the State of Hawaii
for the betterment of the conditions of Native Hawaiians under section
5(f) of Public Law 86-3 (73 Stat. 6; commonly referred to as the
''Hawaii Statehood Admissions Act'');
(2) in furtherance of the State of Hawaii's public trust
responsibility for the betterment of the conditions of Native Hawaiians,
contributions by the United States to the provision of comprehensive
health promotion and disease prevention services to maintain and improve
the health status of Native Hawaiians are consistent with the historical
and unique legal relationship of the United States with the government
that represented the indigenous native people of Hawaii; and
(3) it is the policy of the United States to raise the health status
of Native Hawaiians to the highest possible level and to encourage the
maximum participation of Native Hawaiians in order to achieve this
objective.
(Pub. L. 100-579, 2, Oct. 31, 1988, 102 Stat. 2916; Pub. L.
100-690, title II, 2302, Nov. 18, 1988, 102 Stat. 4223.)
Section 5(f) of Public Law 86-3, referred to in par. (1), is section
5(f) of Pub. L. 86-3, which is set out as a note preceding section 491
of Title 48, Territories and Insular Possessions.
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
Section 1 of Pub. L. 100-579, and section 2301 of subtitle D (
2301-2312) of title II of Pub. L. 100-690, provided respectively that
such Act and such subtitle (enacting this chapter and repealing section
1621d of Title 25, Indians) may be cited as the ''Native Hawaiian Health
Care Act of 1988''.
42 USC -- 11702. Comprehensive health care master plan for Native
Hawaiians
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Development
The Secretary may make a grant to, or enter into a contract with,
Papa Ola Lokahi for the purpose of developing a Native Hawaiian
comprehensive health care master plan designed to promote comprehensive
health promotion and disease prevention services and to maintain and
improve the health status of Native Hawaiians. The master plan shall be
based upon an assessment of the health care status and health care needs
of Native Hawaiians. To the extent practicable, assessments made as of
the date of such grant or contract shall be used by Papa Ola Lokahi,
except that any such assessment shall be updated as appropriate.
(b) Authorization of appropriations
There is authorized to be appropriated $700,000 for fiscal year 1990
to carry out subsection (a) of this section.
(Pub. L. 100-579, 3, Oct. 31, 1988, 102 Stat. 2916; Pub. L.
100-690, title II, 2303, Nov. 18, 1988, 102 Stat. 4223.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11703. Native Hawaiian health centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Comprehensive health promotion, disease prevention, and primary
health services
(1)(A) The Secretary, in consultation with Papa Ola Lokahi, may make
grants to, or enter into contracts with, any qualified entity for the
purpose of providing comprehensive health promotion and disease
prevention services as well as primary health services to Native
Hawaiians.
(B) In making grants and entering into contracts under this
paragraph, the Secretary shall give preference to Native Hawaiian health
centers and Native Hawaiian organizations, and, to the extent feasible,
health promotion and disease prevention services shall be performed
through Native Hawaiian health centers.
(2) In addition to paragraph (1), the Secretary may make a grant to,
or enter into a contract with, Papa Ola Lokahi for the purpose of
planning Native Hawaiian health centers to serve the health needs of
Native Hawaiian communities on each of the islands of O'ahu, Moloka'i,
Maui, Hawai'i, Lana'i, Kaua'i, and Ni'ihau in the State of Hawaii.
(b) Qualified entity
An entity is a qualified entity for purposes of subsection (a)(1) of
this section if the entity is --
(1) a Native Hawaiian health center;
(2) a Native Hawaiian organization; or
(3) a public or nonprofit private health provider.
(c) Services to be provided
(1) Each recipient of funds under subsection (a)(1) of this section
shall provide the following services:
(A) Outreach services to inform Native Hawaiians of the availability
of health services.
(B) Education in health promotion and disease prevention of the
Native Hawaiian population by (wherever possible) Native Hawaiian health
care practitioners, community outreach workers, counselors, and cultural
educators.
(C) Services of physicians, physicians' assistants, or nurse
practitioners.
(D) Immunizations.
(E) Prevention and control of diabetes, high blood pressure, and
otitis media.
(F) Pregnancy and infant care.
(G) Improvement of nutrition.
(2) In addition to the mandatory services under paragraph (1), the
following services may be provided pursuant to subsection (a)(1) of this
section:
(A) Identification, treatment, control, and reduction of the
incidence of preventable illnesses and conditions endemic to Native
Hawaiians.
(B) Collection of data related to the prevention of diseases and
illnesses among Native Hawaiians.
(C) Services within the meaning of the terms ''health promotion'',
''disease prevention'', and ''primary health services'', as such terms
are defined in section 11707 of this title, which are not specifically
referred to in paragraph (1) of this subsection.
(3) The health care services referred to in paragraphs (1) and (2)
which are provided under grants or contracts under subsection (a)(1) of
this section may be provided by traditional Native Hawaiian healers.
(d) Limitation on number of entities
During a fiscal year, the Secretary under this chapter may make a
grant to, or hold a contract with, not more than nine qualified entities
in the State of Hawaii, as follows:
(1) Two entities serving individuals on Kaua'i, from which
individuals on Ni'ihau shall also be served.
(2) Two entities serving individuals on O'ahu.
(3) One entity serving individuals on Moloka'i, from which
individuals on Lana'i shall also be served.
(4) Two entities serving individuals on Maui.
(5) Two entities serving individuals on Hawai'i.
(e) Matching funds
(1) The Secretary may not make a grant or provide funds pursuant to a
contract under subsection (a)(1) of this section to an entity --
(A) in an amount exceeding 75 percent of the costs of providing
health services under the grant or contract; and
(B) unless the entity agrees that the entity will make available,
directly or through donations to the entity, non-Federal contributions
toward such costs in an amount equal to not less than $1 (in cash or in
kind under paragraph (2)) for each $3 of Federal funds provided in such
grant or contract.
(2) Non-Federal contributions required in paragraph (1) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government or services
assisted or subsidized to any significant extent by the Federal
Government may not be included in determining the amount of such
non-Federal contributions.
(3) The Secretary may waive the requirement established in paragraph
(1) if --
(A) the entity involved is a nonprofit private entity described in
subsection (b) of this section; and
(B) the Secretary, in consultation with Papa Ola Lokahi, determines
that it is not feasible for the entity to comply with such requirement.
(f) Restriction on use of grant and contract funds
The Secretary may not make a grant to, or enter into a contract with,
an entity under subsection (a)(1) of this section unless the entity
agrees that amounts received pursuant to such subsection will not,
directly or through contract, be expended --
(1) for any purpose other than the purposes described in subsection
(c) of this section;
(2) to provide inpatient services;
(3) to make cash payments to intended recipients of health services;
or
(4) to purchase or improve real property (other than minor remodeling
of existing improvements to real property) or to purchase major medical
equipment.
(g) Limitation on charges for services
The Secretary may not make a grant, or enter into a contract with, an
entity under subsection (a)(1) of this section unless the entity agrees
that, whether health services are provided directly or through contract
--
(1) health services under the grant or contract will be provided
without regard to ability to pay for the health services; and
(2) the entity will impose a charge for the delivery of health
services, and such charge --
(A) will be made according to a schedule of charges that is made
available to the public, and
(B) will be adjusted to reflect the income of the individual
involved.
(h) Authorization of appropriations
(1) There is authorized to be appropriated $5,000,000 for fiscal year
1991 and $10,000,000 for fiscal year 1992 to carry out subsection (a)(1)
of this section.
(2) There is authorized to be appropriated for fiscal year 1990
$900,000 to carry out subsection (a)(2) of this section.
(Pub. L. 100-579, 4, Oct. 31, 1988, 102 Stat. 2916; Pub. L.
100-690, title II, 2304, Nov. 18, 1988, 102 Stat. 4223.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11704. Administrative grant for Papa Ola Lokahi
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In addition to any other grant or contract under this chapter, the
Secretary may make grants to, or enter into contracts with, Papa Ola
Lokahi for --
(1) coordination, implementation, and updating (as appropriate) of
the comprehensive health care master plan developed pursuant to section
11702 of this title;
(2) training for the persons described in section 11703(c)(1)(B) of
this title; or
(3) identification of an research into the diseases that are most
prevalent among Native Hawaiians, including behavioral, biomedical,
epidemiological, and health services.
(b) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for each of the
fiscal years 1990, 1991, and 1992 to carry out subsection (a) of this
section.
(Pub. L. 100-579, 5, Oct. 31, 1988, 102 Stat. 2919; Pub. L.
100-690, title II, 2305, Nov. 18, 1988, 102 Stat. 4225.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11705. Administration of grants and contracts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Terms and conditions
The Secretary shall include in any grant made or contract entered
into under this chapter such terms and conditions as the Secretary
considers necessary or appropriate to ensure that the objectives of such
grant or contract are achieved.
(b) Periodic review
The Secretary shall periodically evaluate the performance of, and
compliance with, grants and contracts under this chapter.
(c) Administrative requirements
The Secretary may not make a grant or enter into a contract under
this chapter with an entity unless the entity --
(1) agrees to establish such procedures for fiscal control and fund
accounting as may be necessary to ensure proper disbursement and
accounting with respect to the grant or contract;
(2) agrees to ensure the confidentiality of records maintained on
individuals receiving health services under the grant or contract;
(3) with respect to providing health services to any population of
Native Hawaiians a substantial portion of which has a limited ability to
speak the English language --
(A) has developed and has the ability to carry out a reasonable plan
to provide health services under the grant or contract through
individuals who are able to communicate with the population involved in
the language and cultural context that is most appropriate; and
(B) has designated at least one individual, fluent in both English
and the appropriate language, to assist in carrying out the plan;
(4) with respect to health services that are covered in the plan of
the State of Hawaii approved under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) --
(A) if the entity will provide under the grant or contract any such
health services directly --
(i) the entity has entered into a participation agreement under such
plan; and
(ii) the entity is qualified to receive payments under such plan;
and
(B) if the entity will provide under the grant or contract any such
health services through a contract with an organization --
(i) the organization has entered into a participation agreement under
such plan; and
(ii) the organization is qualified to receive payments under such
plan; and
(5) agrees to submit to the Secretary and to Papa Ola Lokahi an
annual report that describes the utilization and costs of health
services provided under the grant or contract (including the average
cost of health services per user) and that provides such other
information as the Secretary determines to be appropriate.
(d) Contract evaluation
(1) If, as a result of evaluations conducted by the Secretary, the
Secretary determines that an entity has not complied with or
satisfactorily performed a contract entered into under section 11703 of
this title, the Secretary shall, prior to renewing such contract,
attempt to resolve the areas of noncompliance or unsatisfactory
performance and modify such contract to prevent future occurrences of
such noncompliance or unsatisfactory performance. If the Secretary
determines that such noncompliance or unsatisfactory performance cannot
be resolved and prevented in the future, the Secretary shall not renew
such contract with such entity and is authorized to enter into a
contract under section 11703 of this title with another entity referred
to in section 11703(b) of this title that provides services to the same
population of Native Hawaiians which is served by the entity whose
contract is not renewed by reason of this subsection.
(2) In determining whether to renew a contract entered into with an
entity under this chapter, the Secretary shall consider the results of
evaluation under this section.
(3) All contracts entered into by the Secretary under this chapter
shall be in accordance with all Federal contracting laws and regulations
except that, in the discretion of the Secretary, such contracts may be
negotiated without advertising and may be exempted from the provisions
of the Act of August 24, 1935 (40 U.S.C. 270a et seq.).
(4) Payments made under any contract entered into under this chapter
may be made in advance, by means of reimbursement, or in installments
and shall be made on such conditions as the Secretary deems necessary to
carry out the purposes of this section.
(e) Limitation on use of funds for administrative expenses
Except for grants and contracts under section 11704 of this title,
the Secretary may not make a grant to, or enter into a contract with, an
entity under this chapter unless the entity agrees that the entity will
not expend more than 10 percent of amounts received pursuant to this
chapter for the purpose of administering the grant or contract.
(f) Report
(1) For each fiscal year during which an entity receives or expends
funds pursuant to a grant or contract under this chapter, such entity
shall submit to the Secretary and to Papa Ola Lokahi a quarterly report
on --
(A) activities conducted by the entity under the grant or contract;
(B) the amounts and purposes for which Federal funds were expended;
and
(C) such other information as the Secretary may request.
(2) The reports and records of any entity which concern any grant or
contract under this chapter shall be subject to audit by the Secretary,
the Inspector General of Health and Human Services, and the Comptroller
General of the United States.
(g) Annual private audit
The Secretary shall allow as a cost of any grant made or contract
entered into under this chapter the cost of an annual private audit
conducted by a certified public accountant.
(Pub. L. 100-579, 6, Oct. 31, 1988, 102 Stat. 2919; Pub. L.
100-690, title II, 2306, Nov. 18, 1988, 102 Stat. 4226.)
The Social Security Act, referred to in subsec. (c)(4), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social
Security Act is classified generally to subchapter XIX ( 1396 et seq.)
of chapter 7 of this title. For complete classification of this Act to
the Code, see section 1305 of this title and Tables.
Act of August 24, 1935, referred to in subsec. (d)(3), is act Aug.
24, 1935, ch. 642, 49 Stat. 793, as amended, popularly known as the
Miller Act, which is classified generally to sections 270a to 270d of
Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 270a of Title 40 and Tables.
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11706. Assignment of personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary is authorized to enter into an agreement with any
entity under which the Secretary is authorized to assign personnel of
the Department of Health and Human Services with expertise identified by
such entity to such entity on detail for the purposes of providing
comprehensive health promotion and disease prevention services to Native
Hawaiians.
(b) Applicable Federal personnel provisions
Any assignment of personnel made by the Secretary under any agreement
entered into under the authority of paragraph (1) shall be treated as an
assignment of Federal personnel to a local government that is made in
accordance with subchapter VI of chapter 33 of title 5.
(Pub. L. 100-579, 7, Oct. 31, 1988, 102 Stat. 2921; Pub. L.
100-690, title II, 2307, Nov. 18, 1988, 102 Stat. 4227.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11707. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this chapter:
(1) Disease prevention
The term ''disease prevention'' includes --
(A) immunizations,
(B) control of high blood pressure,
(C) control of sexually transmittable diseases,
(D) prevention and control of diabetes,
(E) control of toxic agents,
(F) occupational safety and health,
(G) accident prevention,
(H) fluoridation of water,
(I) control of infectious agents, and
(J) provision of mental health care.
(2) Health promotion
The term ''health promotion'' includes --
(A) pregnancy and infant care, including prevention of fetal alcohol
syndrome,
(B) cessation of tobacco smoking,
(C) reduction in the misuse of alcohol and drugs,
(D) improvement of nutrition,
(E) improvement in physical fitness,
(F) family planning, and
(G) control of stress.
(3) Native Hawaiian
The term ''Native Hawaiian'' means any individual who has any
ancestors that were natives, prior to 1778, of the area that is now the
State of Hawaii as evidenced by --
(A) genealogical records,
(B) Kupuna (elders) or Kama'aina (long-term community residents)
verification, or
(C) birth records of the State of Hawaii.
(4) Native Hawaiian health center
The term ''Native Hawaiian health center'' means an entity --
(A) which is organized under the laws of the State of Hawaii,
(B) which provides or arranges for health care services through
practitioners licensed by the State of Hawaii, where licensure
requirements are applicable,
(C) which is a public or nonprofit private entity, and
(D) in which Native Hawaiian health practitioners significantly
participate in the planning, management, monitoring, and evaluation of
health services.
(5) Native Hawaiian organization
The term ''Native Hawaiian organization'' means any organization --
(A) which serves the interests of Native Hawaiians,
(B) which is --
(i) recognized by Papa Ola Lokahi for the purpose of planning,
conducting, or administering programs (or portions of programs)
authorized under this chapter for the benefit of Native Hawaiians, and
(ii) certified by Papa Ola Lokahi as having the qualifications and
capacity to provide the services, and meet the requirements, under the
contract the organization enters into with, or grant the organization
receives from, the Secretary under this chapter,
(C) in which Native Hawaiian health practitioners significantly
participate in the planning, management, monitoring, and evaluation of
health services, and
(D) which is a public or nonprofit private entity.
(6) Papa Ola Lokahi
The term ''Papa Ola Lokahi'' means an organization composed of --
(A) E Ola Mau;
(B) the Office of Hawaiian Affairs of the State of Hawaii;
(C) Alu Like Inc.;
(D) the University of Hawaii; and
(E) the Office of Hawaiian Health of the Hawaii State Department of
Health.
(7) Primary health services
The term ''primary health services'' means --
(A) services of physicians, physicians' assistants and nurse
practitioners;
(B) diagnostic laboratory and radiologic services;
(C) preventive health services (including children's eye and ear
examinations to determine the need for vision and hearing correction,
perinatal services, well child services, and family planning services);
(D) emergency medical services;
(E) transportation services as required for adequate patient care;
(F) preventive dental services; and
(G) pharmaceutical services, as may be appropriate for particular
health centers.
(8) Secretary
The term ''Secretary'' means the Secretary of Health and Human
Services.
(9) Traditional Native Hawaiian healer
The term ''traditional Native Hawaiian healer'' means a practitioner
--
(A) who --
(i) is of Hawaiian ancestry, and
(ii) has the knowledge, skills, and experience in direct personal
health care of individuals, and
(B) whose knowledge, skills, and experience are based on a
demonstrated learning of Native Hawaiian healing practices acquired by
--
(i) direct practical association with Native Hawaiian elders, and
(ii) oral traditions transmitted from generation to generation.
(Pub. L. 100-579, 8, Oct. 31, 1988, 102 Stat. 2921; Pub. L.
100-690, title II, 2308, Nov. 18, 1988, 102 Stat. 4228.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
this title.
42 USC -- 11708. Rule of construction
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Nothing in this chapter shall be construed to restrict the authority
of the State of Hawaii to license health practitioners.
(Pub. L. 100-579, 9, Oct. 31, 1988, 102 Stat. 2923; Pub. L.
100-690, title II, 2309, Nov. 18, 1988, 102 Stat. 4229.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11709. Compliance with Budget Act
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Any new spending authority (described in subsection (c)(2)(A) or (B)
of section 651 of title 2) which is provided under this chapter shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in appropriation Acts.
(Pub. L. 100-579, 11, Oct. 31, 1988, 102 Stat. 2923; Pub. L.
100-690, title II, 2311, Nov. 18, 1988, 102 Stat. 4229.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- 11710. Severability
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
If any provision of this chapter, or the application of any such
provision to any person or circumstances is held to be invalid, the
remainder of this chapter, and the application of such provision or
amendment to persons or circumstances other than those to which it is
held invalid, shall not be affected thereby.
(Pub. L. 100-579, 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L.
100-690, title II, 2312, Nov. 18, 1988, 102 Stat. 4230.)
Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.
42 USC -- CHAPTER 123 -- DRUG ABUSE EDUCATION AND PREVENTION
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
11801. Establishment of drug abuse education and prevention program
relating to youth gangs.
11802. Application for grants and contracts.
(a) Submission of applications.
(b) Contents of application.
11803. Approval of applications.
11804. Coordination with juvenile justice programs.
11805. Authorization of appropriations.
11806. Annual report.
11821. Establishment of program.
(a) Program aims.
(b) Priority.
(c) Limitation.
11822. Annual report.
11823. Authorization of appropriations.
(a) Authorization.
(b) Limitation.
11824. Applications.
(a) Submission of application.
(b) Contents of application.
11825. Review of applications.
(a) Consideration of factors.
(b) Competitive process.
(c) Expedited review.
11841. Community youth activity program.
(a) Block grant program.
(b) Application.
(c) Amount of grant.
(d) Priority.
(e) Activities and projects.
(f) Project evaluations.
(g) Authorization of appropriations.
11842. Evaluation of drug abuse education and prevention efforts.
(a) Method.
(b) Grants.
(c) Time of reports.
(d) Authorization of appropriations.
11851. Definitions.
42 USC -- SUBCHAPTER I -- DRUG EDUCATION AND PREVENTION RELATING TO
YOUTH GANGS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11801. Establishment of drug abuse education and prevention
program relating to youth gangs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary of Health and Human Services, through the
Administration on Children, Youth, and Families, shall make grants to,
and enter into contracts with, public and nonprofit private agencies
(including agencies described in paragraph (7)(A) acting jointly),
organizations (including community based organizations with demonstrated
experience in this field), institutions, and individuals, to carry out
projects and activities --
(1) to prevent and to reduce the participation of youth in the
activities of gangs that engage in illicit drug-related activities,
(2) to promote the involvement of youth in lawful activities in
communities in which such gangs commit drug-related crimes,
(3) to prevent the abuse of drugs by youth, to educate youth about
such abuse, and to refer for treatment and rehabilitation members of
such gangs who abuse drugs,
(4) to support activities of local police departments and other local
law enforcement agencies to conduct educational outreach activities in
communities in which gangs commit drug-related crimes,
(5) to inform gang members and their families of the availability of
treatment and rehabilitation services for drug abuse,
(6) to facilitate Federal and State cooperation with local school
officials to assist youth who are likely to participate in gangs that
commit drug-related crimes,
(7) to facilitate coordination and cooperation among --
(A) local education, juvenile justice, employment and social service
agencies, and
(B) drug abuse referral, treatment, and rehabilitation programs,
for the purpose of preventing or reducing the participation of youth
in activities of gangs that commit drug-related crimes, and
(8) to provide technical assistance to eligible organizations in
planning and implementing drug abuse education, prevention,
rehabilitation, and referral programs for youth who are members of gangs
that commit drug-related crimes.
(Pub. L. 100-690, title III, 3501, Nov. 18, 1988, 102 Stat. 4254;
Pub. L. 102-132, 1(a), Oct. 18, 1991, 105 Stat. 630.)
1991 -- Pub. L. 102-132 inserted ''(including agencies described in
paragraph (7)(A) acting jointly)'' after ''agencies'' in introductory
provisions.
Section 3 of Pub. L. 102-132 provided that: ''This Act (enacting
section 11806 of this title and amending this section and sections 11805
and 11823 of this title) shall take effect on October 1, 1991.''
42 USC -- 11802. Application for grants and contracts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Submission of applications
Any agency, organization, institution, or individual desiring to
receive a grant, or to enter into a contract, under section 11801 of
this title shall submit to the Secretary an application at such time, in
such manner, and containing or accompanied by such information as the
Secretary may require by rule.
(b) Contents of application
Each application for assistance under this subchapter shall --
(1) set forth a project or activity for carrying out one or more of
the purposes specified in section 11801 of this title and specifically
identify each such purpose such project or activity is designed to carry
out,
(2) provide that such project or activity shall be administered by or
under the supervision of the applicant,
(3) provide for the proper and efficient administration of such
project or activity,
(4) provide for regular evaluation of the operation of such project
or activity,
(5) provide that regular reports on such project or activity shall be
submitted to the Secretary, and
(6) provide such fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and accurate
accounting of funds received under this subchapter.
(Pub. L. 100-690, title III, 3502, Nov. 18, 1988, 102 Stat. 4254.)
42 USC -- 11803. Approval of applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In selecting among applications submitted under section 11802(a) of
this title, the Secretary shall give priority to applicants who propose
to carry out projects and activities --
(1) for the purposes specified in section 11801 of this title in
geographical areas in which frequent and severe drug-related crimes are
committed by gangs whose membership is composed primarily of youth, and
(2) that the applicant demonstrates have the broad support of
community based organizations in such geographical areas.
(Pub. L. 100-690, title III, 3503, Nov. 18, 1988, 102 Stat. 4255;
Pub. L. 101-204, title X, 1001(a), Dec. 7, 1989, 103 Stat. 1826.)
1989 -- Par. (2). Pub. L. 101-204 substituted ''have'' for ''that it
has''.
42 USC -- 11804. Coordination with juvenile justice programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall coordinate the program established by section
11801 of this title with the programs and activities carried out under
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5601 et seq.) and with the programs and activities of the Attorney
General, to ensure that all such programs and activities are
complementary and not duplicative.
(Pub. L. 100-690, title III, 3504, Nov. 18, 1988, 102 Stat. 4255.)
The Juvenile Justice and Delinquency Prevention Act of 1974, referred
to in text, is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109, as
amended, which is classified principally to chapter 72 ( 5601 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 5601 of this title and Tables.
42 USC -- 11805. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To carry out this subchapter, there are authorized to be appropriated
$16,000,000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993 and 1994.
(Pub. L. 100-690, title III, 3505, Nov. 18, 1988, 102 Stat. 4255;
Pub. L. 102-132, 1(b), Oct. 18, 1991, 105 Stat. 630.)
1991 -- Pub. L. 102-132 substituted ''$16,000,000 for fiscal year
1992 and such sums as may be necessary for fiscal years 1993 and 1994''
for ''$15,000,000 for the fiscal year 1989 and such sums as may be
necessary for each of the fiscal years 1990 and 1991''.
Amendment by Pub. L. 102-132 effective Oct. 1, 1991, see section 3
of Pub. L. 102-132, set out as a note under section 11801 of this
title.
42 USC -- 11806. Annual report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 180 days after the end of each fiscal year, the
Secretary shall submit, to the Speaker of the House of Representatives
and the President pro tempore of the Senate, a report describing --
(1) the types of projects and activities for which grants and
contracts were made under this subchapter for such fiscal year,
(2) the number and characteristics of the youth and families served
by such projects and activities, and
(3) each of such projects and activities the Secretary considers to
be exemplary.
(Pub. L. 100-690, title III, 3506, as added Pub. L. 102-132, 1(c),
Oct. 18, 1991, 105 Stat. 630.)
Section effective Oct. 1, 1991, see section 3 of Pub. L. 102-132,
set out as an Effective Date of 1991 Amendment note under section 11801
of this title.
42 USC -- SUBCHAPTER II -- PROGRAM FOR RUNAWAY AND HOMELESS YOUTH
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11821. Establishment of program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Program aims
The Secretary shall make grants to public and private nonprofit
agencies, organizations, and institutions to carry out research,
demonstration, and services projects designed --
(1) to provide individual, family, and group counseling to runaway
youth and their families and to homeless youth for the purpose of
preventing or reducing the illicit use of drugs by such youth,
(2) to develop and support peer counseling programs for runaway and
homeless youth related to the illicit use of drugs,
(3) to develop and support community education activities related to
illicit use of drugs by runaway and homeless youth, including outreach
to youth individually,
(4) to provide to runaway and homeless youth in rural areas
assistance (including the development of community support groups)
related to the illicit use of drugs,
(5) to provide to individuals involved in providing services to
runaway and homeless youth, information and training regarding issues
related to the illicit use of drugs by runaway and homeless youth,
(6) to support research on the illicit drug use by runaway and
homeless youth, and the effects on such youth of drug abuse by family
members, and any correlation between such use and attempts at suicide,
and
(7) to improve the availability and coordination of local services
related to drug abuse, for runaway and homeless youth.
(b) Priority
In selecting among applicants for grants under subsection (a) of this
section, the Secretary shall give priority to agencies and organizations
that have experience in providing services to runaway and homeless
youth.
(c) Limitation
Grants under this section may be made for a period not to exceed 3
years.
(Pub. L. 100-690, title III, 3511, Nov. 18, 1988, 102 Stat. 4255.)
42 USC -- 11822. Annual report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 180 days after the end of a fiscal year for which
funds are appropriated to carry out this subchapter, the Secretary shall
submit to the President, the Speaker of the House of Representatives,
and the President pro tempore of the Senate a report that contains --
(1) a description of the types of projects and activities for which
grants were made under this subchapter for such fiscal year,
(2) a description of the number and characteristics of the youth and
families served by such projects and activities, and
(3) a description of exemplary projects and activities for which
grants were made under this subchapter for such fiscal year.
(Pub. L. 100-690, title III, 3512, Nov. 18, 1988, 102 Stat. 4256.)
42 USC -- 11823. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To carry out this subchapter, there are authorized to be appropriated
$16,000,000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993 and 1994.
(Pub. L. 100-690, title III, 3513, Nov. 18, 1988, 102 Stat. 4256;
Pub. L. 102-132, 2, Oct. 18, 1991, 105 Stat. 630.)
1991 -- Pub. L. 102-132 amended section generally. Prior to
amendment, section read as follows:
''(a) Authorization. -- Subject to subsection (b) of this section, to
carry out this subchapter, there are authorized to be appropriated
$15,000,000 for fiscal year 1989 and such sums as may be necessary for
each of the fiscal years 1990 and 1991.
''(b) Limitation. -- No funds are authorized to be appropriated for a
fiscal year to carry out this subchapter unless the aggregate amount
appropriated to carry out title III of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5701-5751) for such fiscal
year is not less than the aggregate amount appropriated to carry out
such title for the preceding fiscal year.''
Amendment by Pub. L. 102-132 effective Oct. 1, 1991, see section 3
of Pub. L. 102-132, set out as a note under section 11801 of this
title.
42 USC -- 11824. Applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Submission of application
Any State, unit of local government (or combination of units of local
government), agency, organization, institution, or individual desiring
to receive a grant, or enter into a contract, under this subchapter
shall submit an application at such time, in such manner, and containing
or accompanied by such information as may be prescribed by the Federal
officer who is authorized to make such grant or enter into such contract
(hereinafter in this subchapter referred to as the ''appropriate Federal
officer'').
(b) Contents of application
In accordance with guidelines established by the appropriate Federal
officer, each application for assistance under this subchapter shall --
(1) set forth a project or activity for carrying out one or more of
the purposes for which such grant or contract is authorized to be made
and expressly identify each such purpose such project or activity is
designed to carry out,
(2) provide that such project or activity shall be administered by or
under the supervision of the applicant,
(3) provide for the proper and efficient administration of such
project or activity,
(4) provide for regular evaluation of such project or activity,
(5) provide that regular reports on such project or activity shall be
sent to the appropriate Federal officer, and
(6) provide for such fiscal control and fund accounting procedures as
may be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this subchapter.
(Pub. L. 100-690, title III, 3514, Nov. 18, 1988, 102 Stat. 4256.)
42 USC -- 11825. Review of applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Consideration of factors
In reviewing applications submitted under this subchapter, the
appropriate Federal officer shall consider --
(1) the relative cost and effectiveness of the proposed project or
activity in carrying out purposes for which the requested grant or
contract is authorized to be made,
(2) the extent to which such project or activity will incorporate new
or innovative techniques,
(3) the increase in capacity of the State or the public or nonprofit
private agency, organization, institution, or individual involved to
provide services to address the illicit use of drugs by runaway and
homeless youth,
(4) the extent to which such project or activity serves communities
which have high rates of illicit drug use by juveniles (including
runaway and homeless youth),
(5) the extent to which such project or activity will provide
services in geographical areas where similar services are unavailable or
in short supply, and
(6) the extent to which such project or activity will increase the
level of services, or coordinate other services, in the community
available to eligible youth.
(b) Competitive process
(1) Applications submitted under this subchapter shall be selected
for approval through a competitive process to be established by rule by
the appropriate Federal officer. As part of such a process, such
officer shall publish a notice in the Federal Register --
(A) announcing the availability of funds to carry out this
subchapter,
(B) stating the general criteria applicable to the selection of
applicants to receive such funds, and
(C) describing the procedures applicable to submitting and reviewing
applications for such funds.
(2) As part of such process, each application referred to in
subsection (a) of this section shall be subject to peer review by
individuals (excluding officers and employees of the Department of
Justice and the Department of Health and Human Services) who have
expertise in the subject matter related to the project or activity
proposed in such application.
(c) Expedited review
The appropriate Federal officer shall expedite the consideration of
an application referred to in subsection (a) of this section if the
applicant demonstrates, to the satisfaction of the /1/ such officer,
that the failure to expedite such consideration would prevent the
effective implementation of the project or activity set forth in such
application.
(Pub. L. 100-690, title III, 3515, Nov. 18, 1988, 102 Stat. 4257;
Pub. L. 101-204, title X, 1001(b), Dec. 7, 1989, 103 Stat. 1826.)
This subchapter, referred to in subsec. (b)(1)(A), was in the
original ''this part'' and was translated as reading ''this chapter'' to
reflect the probable intent of Congress because subtitle B of title III
of Pub. L. 100-690, which comprises subchapters I to III of this
chapter, does not contain parts.
1989 -- Subsec. (b)(1)(B). Pub. L. 101-204, 1001(b)(1)(A), inserted
''stating'' before ''the general criteria''.
Subsec. (b)(1)(C). Pub. L. 101-204, 1001(b)(1)(B), substituted
''describing'' for ''a description of''.
Subsec. (c). Pub. L. 101-204, 1001(b)(2), substituted ''such
officer'' for ''Administrator''.
/1/ So in original. The word ''the'' probably should not appear.
42 USC -- SUBCHAPTER III -- COMMUNITY PROGRAM
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11841. Community youth activity program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Block grant program
The Secretary of Health and Human Services shall make grants to
eligible States to enable such States to carry out the activities
described in subsection (e) of this section.
(b) Application
(1) In general
To be eligible to receive a grant under this section, a State, acting
on its own behalf or on behalf of a person, shall submit to the
Secretary an application that contains such information and is in such
form as may be required by the Secretary.
(2) Demonstration of need
In the application submitted under paragraph (1), the State shall
demonstrate a need for the activities described in subsection (e) of
this section and provide a description of those activities and projects
that will receive financial assistance from a grant made under this
section to the State.
(c) Amount of grant
(1) Minimum amount
Each State that submits for a fiscal year an application under
subsection (b) of this section that meets the requirements of the
Secretary shall, subject to the availability of appropriations, receive
a grant in an amount determined in accordance with paragraph (3).
(2) Programs of national significance
Of amounts appropriated or otherwise available to carry out this
section for any fiscal year, the Secretary shall reserve 5 percent to be
provided for activities and projects of national significance, such as
activities authorized by section 9910(a)(2)(F) of this title, or
projects expected to have a significant impact in preventing the abuse
of drugs by youth.
(3) Specified appropriations
(A) In general
Of the aggregate amount appropriated under subsection (g) of this
section for any fiscal year and after reserving the amount required by
paragraph (2), the Secretary shall --
(i) allot --
(I) 25 percent equally among the eligible States if such amount is
less than $40,000,000; or
(II) $250,000 to each eligible State if such amount equals or exceeds
$40,000,000;
(ii) allot one-half of 1 percent of such amount on the basis of need
among Guam, American Samoa, the Virgin Islands of the United States, the
Commonwealth of the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands; and
(iii) set aside the remainder to be disbursed as described in
subparagraph (B).
For purposes of this subparagraph, the term ''State'' does not
include Guam, American Samoa, the Virgin Islands of the United States,
the Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
(B) Remainder
Amounts referred to in subparagraph (A)(iii) shall be used by the
Secretary to make grants, on a competitive basis and taking into
consideration with respect to the States --
(i) the highest proportions of school-aged youth are /1/ at risk of
drug abuse;
(ii) if a tangible need has been identified by the State involved;
and
(iii) if the State involved has proposed the funding of additional
projects targeted at the areas of highest need;
to carry out the activities and projects that are consistent with the
activities described in subsection (e)(1) of this section. The
activities and projects for which such grants are made shall be selected
by the Secretary from among proposed activities and projects submitted
to the Secretary by the States. Such grants shall be made to the States
for redistribution to the persons on whose behalf the State submitted an
application under subsection (b) of this section.
(d) Priority
In making grants under this section, the Secretary shall give
priority to --
(1) projects aimed at youth who are not in school or who are at risk
of dropping out of school;
(2) projects that seek to reinvolve dropouts in educational programs,
involve youth community-based activities, develop training or employment
opportunities for dropouts, or provide youth with alternatives to drug
abuse;
(3) projects to provide after-school, vacation, and weekend
activities designed to give youth opportunities to actively participate
in a variety of activities, including youth sports programs;
(4) activities and projects that are consistent with activities and
projects described in subsection (e)(1) of this section and that include
participation by the business community;
(5) projects that provide outreach to individuals of all ages who are
at high risk of involvement with drug abuse;
(6) projects targeted to communities with the most serious drug abuse
problems to enable such communities to develop programs that coordinate
Federal, State, and local efforts to develop comprehensive, long-term,
community-wide prevention and education strategies;
(7) projects that seek to involve youth who are members of gangs or
who may join a gang, in --
(A) educational programs;
(B) community-based activities;
(C) training or employment opportunities; or
(D) other alternatives to gang involvement;
(8) programs for unsupervised children before and after school,
including --
(A) education and instruction consistent with the Drug-Free Schools
and Communities Act of 1986 (20 U.S.C. 3171 et seq.);
(B) athletic activities;
(C) creative activities; and
(D) other programs designed to reduce the risk of drug abuse; and
(9) projects that seek to inform youth regarding the existence and
operation of the projects referred to in paragraph (7).
(e) Activities and projects
Financial assistance may be provided with a grant received under
subsection (a) /2/ under this section by a State as follows:
(1) Community services and partnerships
Such assistance may be provided for community services and
partnerships designed to develop community activities targeted at drug
abuse prevention through education, training, and recreation projects.
Such services may be provided by, and such partnerships may be entered
into with --
(A) local educational agencies;
(B) law enforcement agencies;
(C) community-based organizations;
(D) community action agencies;
(E) local or State recreational departments; or
(F) business organizations; and
in consultation with local and State health departments and with
community health or mental health centers when appropriate. Such
assistance may be provided to any entity described in subparagraphs (A)
through (F), either individually or in partnerships. Applications for
such assistance shall include a description of the method to be used to
evaluate the impact the particular service or partnership is designed to
have on the drug abuse problem within the community.
(2) Other activities and projects
Such assistance may be provided to carry out projects or activities
that are consistent with the activities and projects described in
paragraph (1).
(f) Project evaluations
The Secretary shall provide for the evaluation of activities and
projects conducted with financial assistance received under this
section. Applications for grants under this section shall include a
description of the method to be used in evaluating the impact such
activities and programs have on the drug abuse problem within the
communities in which such activities and projects are carried out.
(g) Authorization of appropriations
To carry out this section, there are authorized to be appropriated
$40,000,000 for fiscal year 1989, $55,000,000 for fiscal year 1990,
$60,000,000 for fiscal year 1991, $66,550,000 for fiscal year 1992, and
$73,205,000 for fiscal year 1993.
(Pub. L. 100-690, title III, 3521, Nov. 18, 1988, 102 Stat. 4258;
Pub. L. 101-93, 4(1), Aug. 16, 1989, 103 Stat. 611; Pub. L. 101-226,
23, Dec. 12, 1989, 103 Stat. 1941.)
The Drug-Free Schools and Communities Act of 1986, referred to in
subsec. (d)(8)(A), is title V of Pub. L. 89-10, as added by Pub. L.
100-297, title I, 1001, Apr. 28, 1988, 102 Stat. 252, which is
classified generally to subchapter V ( 3171 et seq.) of chapter 47 of
Title 20, Education. For complete classification of this Act to the
Code, see section 3171 of Title 20 and Tables.
1989 -- Subsec. (b)(2). Pub. L. 101-93, 4(1)(A), substituted
''subsection (e)'' for ''subsections (c)(3)(B) and (e)''.
Subsec. (c)(3)(A). Pub. L. 101-93, 4(1)(B), substituted ''subsection
(g)'' for ''subsection (h)''.
Subsec. (d). Pub. L. 101-226, which directed amendment of section
3521(d) of the National Narcotics Leadership Act of 1988 by adding par.
(8) and redesignating former par. (8) as (9), was executed to section
3521(d) of Pub. L. 100-690, the Anti-Drug Abuse Act of 1988, as the
probable intent of Congress. Subtitle A ( 1001-1012) of title I of
Pub. L. 100-690 is the National Narcotics Leadership Act of 1988.
/1/ So in original. Probably should be ''who are''.
/2/ So in original. Words ''under subsection (a)'' probably should
not appear.
42 USC -- 11842. Evaluation of drug abuse education and prevention
efforts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Method
The Secretary of Health and Human Services shall develop and conduct
a structured evaluation of the different approaches utilized across the
Nation to reduce drug abuse.
(b) Grants
The Secretary of Health and Human Services may make grants to or
enter into contracts with appropriate entities for the purpose of
conducting the evaluations required by subsection (a) of this section.
(c) Time of reports
The Secretary shall submit a report based on the evaluations prepared
under subsection (a) of this section not later than 1 year after
November 18, 1988, and another report based on such evaluations not
later than 3 years after November 18, 1988. A third report based on
such evaluations shall be submitted by the Secretary not later than
January 1, 1994.
(d) Authorization of appropriations
To carry out this section, there are authorized to be appropriated
$12,000,000 in fiscal year 1989, and $15,000,000 for each of the fiscal
years 1990 through 1993.
(Pub. L. 100-690, title III, 3522, Nov. 18, 1988, 102 Stat. 4260;
Pub. L. 101-93, 4(2), Aug. 16, 1989, 103 Stat. 611; Pub. L. 101-204,
title X, 1001(c)(1), Dec. 7, 1989, 103 Stat. 1826.)
1989 -- Subsec. (a). Pub. L. 101-93 and Pub. L. 101-204,
1001(c)(1)(A)(ii), made identical amendments, striking out ''(as defined
in section 11851(6) of this title)'' after ''drug abuse''.
Pub. L. 101-204, 1001(c)(1)(A)(i), struck out '', acting through the
Administrator,'' before ''shall develop''.
Subsec. (b). Pub. L. 101-204, 1001(c)(1)(B), substituted ''Secretary
of Health and Human Services'' for ''Administrator''.
42 USC -- SUBCHAPTER IV -- MISCELLANEOUS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11851. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Unless otherwise defined by an Act amended by this title, /1/ for
purposes of this title /1/ and the amendments made by this title -- /1/
(1) the term ''community based'' has the meaning given it in section
5603(1) of this title,
(2) the term ''controlled substance'' has the meaning given it in
section 802(6) of title 21,
(3) the term ''controlled substance analogue'' has the meaning given
it in section 802(32) of title 21,
(4) the term ''drug'' means --
(A) a beverage containing alcohol,
(B) a controlled substance, or
(C) a controlled substance analogue,
(5) the term ''Director'' means the Director of the ACTION Agency,
(6) the term ''illicit'' means unlawful or injurious,
(7) the term ''institution of higher education'' has the meaning
given it in section 1141(a) of title 20,
(8) the term ''public agency'' has the meaning given it in section
5603(11) of this title,
(9) the term ''Secretary'' means --
(A) the Secretary of Education for purposes of subtitle A (other than
section 3201),
(B) the Secretary of Agriculture for purposes of the amendments made
by section 3201, and
(C) the Secretary of Health and Human Services for purposes of
subtitle B,
(10) the term ''State'' has the meaning given it in section 5603(7)
of this title,
(11) the term ''treatment'' has the meaning given it in section
5603(15) of this title, and
(12) the term ''unit of general local government'' has the meaning
given it in section 5603(8) of this title.
(Pub. L. 100-690, title III, 3601, Nov. 18, 1988, 102 Stat. 4260;
Pub. L. 101-204, title X, 1001(c)(2), Dec. 7, 1989, 103 Stat. 1827.)
This title, referred to in introductory provisions, means title III
of Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4244, which enacted this
chapter and sections 3156-1, 3201, and 3227 of Title 20, Education, and
amended sections 1786, 4994, and 5081 of this title and sections 3156a,
3181, 3191 to 3195, 3197, 3212, and 3222 of Title 20. For complete
classification of title III to the Code, see Tables.
Subtitle A (other than section 3201), referred to in par. (9)(A), is
subtitle A ( 3101-3402) of title III of Pub. L. 100-690, Nov. 18,
1988, 102 Stat. 4245, which enacted sections 3156-1, 3201, and 3227 of
Title 20, and amended sections 4994 and 5081 of this title and sections
3156a, 3181, 3191 to 3195, 3197, 3212, and 3222 of Title 20. For
complete classification of subtitle A to the Code, see Tables.
Section 3201, referred to in par. (9)(A), (B), is section 3201 of
Pub. L. 100-690, title III, Nov. 18, 1988, 102 Stat. 4246, which
amended section 1786 of this title.
Subtitle B, referred to in par. (9)(C), is subtitle B ( 3501-3522)
of title III of Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4254, which
enacted subchapters I to III of this chapter. For complete
classification of subtitle B to the Code, see Tables.
1989 -- Pub. L. 101-204 redesignated pars. (2) to (13) as (1) to
(12), respectively, and struck out former par. (1) which read as
follows: ''the term 'Administrator' means the Administrator of the
Office of Juvenile Justice and Delinquency Prevention,''.
/1/ See References in Text note below.
42 USC -- CHAPTER 124 -- PUBLIC HOUSING DRUG ELIMINATION
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
11901. Congressional findings.
11902. Authority to make grants.
11903. Eligible activities.
11903a. Public housing youth sports programs.
(a) Youth sports program grants.
(b) Entities qualified to receive grants.
(c) Use of grants.
(d) Eligible activities.
(e) Grant amount limitations.
(f) Applications.
(g) Selection criteria.
(h) Report.
(i) Definitions.
(j) Regulations.
11904. Applications.
(a) In general.
(b) Criteria.
(c) Federally assisted low-income housing.
(d) High intensity drug trafficking areas.
11905. Definitions.
11906. Implementation.
11907. Reports.
11908. Monitoring.
11909. Authorization of appropriations.
(a) In general.
(b) Set-aside for assisted housing.
11921. Statement of purpose.
11922. Clearinghouse on drug abuse in public housing.
(a) Establishment.
(b) Functions.
11923. Regional training program on drug abuse in public housing.
(a) Establishment.
(b) Operation.
11924. Definitions.
11925. Regulations.
42 USC -- SUBCHAPTER I -- PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11901. Congressional findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Congress finds that --
(1) the Federal Government has a duty to provide public and other
federally assisted low-income housing that is decent, safe, and free
from illegal drugs;
(2) public and other federally assisted low-income housing in many
areas suffers from rampant drug-related crime;
(3) drug dealers are increasingly imposing a reign of terror on
public and other federally assisted low-income housing tenants;
(4) the increase in drug-related crime not only leads to murders,
muggings, and other forms of violence against tenants, but also to a
deterioration of the physical environment that requires substantial
government expenditures; and
(5) local law enforcement authorities often lack the resources to
deal with the drug problem in public and other federally assisted
low-income housing, particularly in light of the recent reductions in
Federal aid to cities.
(Pub. L. 100-690, title V, 5122, Nov. 18, 1988, 102 Stat. 4301;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4245.)
1990 -- Pub. L. 101-625 amended section generally. Prior to
amendment, section read as follows: ''The Congress finds that --
''(1) the Federal Government has a duty to provide public housing
that is decent, safe, and free from illegal drugs;
''(2) public housing projects in many areas suffer from rampant
drug-related crime;
''(3) drug dealers are increasingly imposing a reign of terror on
public housing tenants;
''(4) the increase in drug-related crime not only leads to murders,
muggings, and other forms of violence against tenants, but also to a
deterioration of the physical environment that requires substantial
government expenditures; and
''(5) local law enforcement authorities often lack the resources to
deal with the drug problem in public housing, particularly in light of
the recent reductions in Federal aid to cities.''
Section 5121 of Pub. L. 100-690, as amended by Pub. L. 101-625,
title V, 581(a), Nov. 28, 1990, 104 Stat. 4245, provided that:
''This chapter (chapter 2 ( 5121-5130) of subtitle C of title V of Pub.
L. 100-690, enacting this subchapter) may be cited as the 'Public and
Assisted Housing Drug Elimination Act of 1990'.''
Section 5141 of Pub. L. 100-690 provided that: ''This chapter
(chapter 3 ( 5141-5146) of subtitle C of title V of Pub. L. 100-690,
enacting subchapter II of this chapter) may be cited as the 'Drug-Free
Public Housing Act of 1988'.''
42 USC -- 11902. Authority to make grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary of Housing and Urban Development, in accordance with
the provisions of this subchapter, may make grants to public housing
agencies (including Indian Housing Authorities) and private, for-profit
and nonprofit owners of federally assisted low-income housing for use in
eliminating drug-related crime.
(Pub. L. 100-690, title V, 5123, Nov. 18, 1988, 102 Stat. 4301;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4246.)
1990 -- Pub. L. 101-625 amended section generally. Prior to
amendment, section read as follows: ''The Secretary of Housing and
Urban Development, in accordance with the provisions of this subchapter,
may make grants to public housing agencies (including Indian housing
authorities) for use in eliminating drug-related crime in public housing
projects.''
42 USC -- 11903. Eligible activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Grants under this subchapter may be used in public housing or other
federally assisted low-income housing projects for --
(1) the employment of security personnel;
(2) reimbursement of local law enforcement agencies for additional
security and protective services;
(3) physical improvements which are specifically designed to enhance
security;
(4) the employment of one or more individuals --
(A) to investigate drug-related crime on or about the real property
comprising any public or other federally assisted low-income housing
project; and
(B) to provide evidence relating to such crime in any administrative
or judicial proceeding;
(5) the provision of training, communications equipment, and other
related equipment for use by voluntary tenant patrols acting in
cooperation with local law enforcement officials;
(6) programs designed to reduce use of drugs in and around public or
other federally assisted low-income housing projects, including
drug-abuse prevention, intervention, referral, and treatment programs;
and
(7) providing funding to nonprofit public housing resident management
corporations and resident councils to develop security and drug abuse
prevention programs involving site residents.
(Pub. L. 100-690, title V, 5124, Nov. 18, 1988, 102 Stat. 4301;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4246.)
1990 -- Pub. L. 101-625 amended section generally. Prior to
amendment, section read as follows: ''A public housing agency may use a
grant under this subchapter for --
''(1) the employment of security personnel in public housing
projects;
''(2) reimbursement of local law enforcement agencies for additional
security and protective services for public housing projects;
''(3) physical improvements in public housing projects which are
specifically designed to enhance security;
''(4) the employment of 1 or more individuals --
''(A) to investigate drug-related crime on or about the real property
comprising any public housing project; and
''(B) to provide evidence relating to any such crime in any
administrative or judicial proceeding;
''(5) the provision of training, communications equipment, and other
related equipment for use by voluntary public housing tenant patrols
acting in cooperation with local law enforcement officials;
''(6) innovative programs designed to reduce use of drugs in and
around public housing projects; and
''(7) providing funding to nonprofit public housing resident
management corporation and tenant councils to develop security and drug
abuse prevention programs involving site residents.''
42 USC -- 11903a. Public housing youth sports programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Youth sports program grants
From amounts provided for public and assisted housing drug
elimination grants under section 11909(a) of this title, the Secretary
of Housing and Urban Development may make grants to qualified entities
under subsection (b) of this section to carry out youth sports programs
in projects of public housing agencies with substantial drug problems.
(b) Entities qualified to receive grants
Grants under this section may be made only to --
(1) States;
(2) units of general local government;
(3) local park and recreation districts and agencies;
(4) public housing agencies;
(5) nonprofit organizations providing youth sports services programs;
(6) Indian tribes; and
(7) Indian housing authorities.
(c) Use of grants
(1) Public housing sites with substantial drug problems
Grants under this section shall be used for youth sports programs
only with respect to public housing sites that the Secretary determines
have a substantial problem regarding the use or sale of illegal drugs.
(2) Youth sports program eligibility
To be eligible to receive assistance from a grant under this section,
a youth sports program shall be designed and organized as follows:
(A) The sports program shall serve primarily youths from the public
housing project in which the program assisted by the grant is operated.
(B) The sports program shall provide positive sports activities or
positive cultural, recreational, or other activities, designed to appeal
to youths as alternatives to the drug environment in the public housing
project.
(C) The sports program shall be operated as, in conjunction with, or
in furtherance of, an organized program or plan designed to eliminate
drugs and drug-related problems in the public housing project or
projects within the public housing agency.
(d) Eligible activities
Any qualified entity that receives a grant under this section may use
amounts from the grant to assist in carrying out a youth sports program
in any of the following manners:
(1) Acquisition, construction, or rehabilitation of community
centers, parks, or playgrounds.
(2) Redesigning or modifying public spaces in public housing projects
to provide increased utilization of the areas by youth sports programs.
(3) Provision of public services, including salaries and expenses for
staff of youth sports programs, cultural activities, educational
programs relating to drug abuse, and sports and recreation equipment.
(e) Grant amount limitations
(1) Matching amount
The Secretary may not make a grant to any qualified entity that
applies for a grant under subsection (f) of this section unless the
applicant entity certifies to the Secretary, as the Secretary shall
require, that the applicant will supplement the amount provided by the
grant with an amount of funds from non-Federal sources equal to or
greater than 50 percent of the amount provided by the grant.
(2) Non-Federal funds
For purposes of this subsection, the term ''funds from non-Federal
sources'' includes funds from States, units of general local
governments, or agencies of such governments, Indian tribes, private
contributions, any salary paid to staff to carry out the youth sports
program of the recipient, the value of the time and services contributed
by volunteers to carry out the program of the recipient at a rate
determined by the Secretary, the value of any donated material,
equipment, or building, and the value of any lease on a building.
(3) Prohibition of substitution of funds
Neither amounts received from grants under this section nor any State
or local government funds used to supplement such amounts may be used to
replace other public funds previously used, or designated for use, for
the purposes under this Act.
(4) Maximum annual grant amount
For any single fiscal year, the Secretary may not award grants under
this section for carrying out a youth sports program with respect to any
single public housing project in an amount exceeding $125,000.
(f) Applications
To be eligible to receive a grant under this section, a qualified
entity under subsection (b) of this section shall submit to the
Secretary an application as the Secretary may require, which shall
include the following:
(1) A description of the organization of the youth sports program.
(2) A description of the nature of services provided by the youth
sports program.
(3) An estimate of the number of youth involved.
(4) A description of the extent of involvement of local sports
organizations or sports figures.
(5) A description of the facilities used.
(6) A description of plans to continue the youth sports program in
the future.
(7) A statement regarding the extent to which the youth sports
program meets the criteria for selection under subsection (g) of this
section.
(8) A description of the planned schedule and activities of the youth
sports program and the financial and other resources committed to each
activity and service of the program.
(9) A budget describing the share of the costs of the youth sports
program provided by the grant under this section and other sources of
funds, including funds required under subsection (e)(1) of this section.
(10) Any other information that the Secretary may require.
(g) Selection criteria
The Secretary shall select qualified entities that have applied under
subsection (f) of this section to receive grants under this section
pursuant to a competition based on the following criteria:
(1) The extent to which the youth sports program to be assisted with
the grant addresses the particular needs of the area to be served by the
program and employs methods, approaches, or ideas in the design or
implementation of the program particularly suited to fulfilling such
needs (whether such methods are conventional or unique and innovative).
(2) The technical merit of the application of the qualified entity.
(3) The qualifications, capabilities, and experience of the personnel
and staff of the sports program who are critical to achieving the
objectives of the program as described in the application.
(4) The capabilities, related experience, facilities, techniques of
the applicant for carrying out the youth sports program and achieving
the objectives of the program as described in the application and the
potential of the applicant for continuing the youth sports program.
(5) The severity of the drug problem at the local public housing site
for the youth sports program and the extent of any planned or actual
efforts to rid the site of the problem.
(6) The extent to which local sports organizations or sports figures
are involved.
(7) The extent of the support of the public housing agency for the
program, coordination of proposed activities with local resident
management groups or associations (where such groups exist) and
coordination of proposed activities with ongoing programs of the
applicant that further the purposes of this section.
(8) The extent of non-Federal contributions that exceed the amount of
such funds required under subsection (e)(1) of this section.
(9) In the case of a qualified entity under paragraph (3) or (4) of
subsection (b) of this section, the extent to which the applicant has
demonstrated local government support for the program.
(h) Report
Each qualified entity that receives a grant under this section shall
submit to the Secretary, not later than the expiration of the 90-day
period beginning on the date on which the grant amounts provided under
this section are fully expended, a report describing the activities
carried out with the grant.
(i) Definitions
For purposes of this section:
(1) Indian tribe
The term ''Indian tribe'' has the meaning given such term in section
5302(a)(17) of this title.
(2) Public housing agency
The term ''public housing agency'' has the meaning given the term in
section 1437a(b) of this title.
(3) Public housing project
The terms ''project'' and ''public housing'' have the meanings given
the terms in section 1437a(b) of this title.
(4) Qualified entity
The term ''qualified entity'' means an entity eligible under
subsection (b) of this section to apply for and receive a grant under
this section.
(5) State
The term ''State'' means the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, Guam, the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
(6) Unit of general local government
The term ''unit of general local government'' means any city, town,
township, county, parish, village, or other general purpose political
subdivision of a State.
(7) Secretary
The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(j) Regulations
The Secretary shall issue any regulations necessary to carry out this
section.
(Pub. L. 101-625, title V, 520, Nov. 28, 1990, 104 Stat. 4202.)
This Act, referred to in subsec. (e)(3), is the Cranston-Gonzalez
National Affordable Housing Act, Pub. L. 101-625, Nov. 28, 1990, 104
Stat. 4079. For complete classification of this Act to the Code, see
Short Title note set out under section 12701 of this title and Tables.
Section 1437a(b) of this title, referred to in subsec. (i)(3), was
in the original ''section 3(6) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b))'', and was translated as reading ''section 3(b) of
the United States Housing Act of 1937'' to reflect the probable intent
of Congress.
Section was enacted as part of the Cranston-Gonzalez National
Affordable Housing Act, and not as part of Public and Assisted Housing
Drug Elimination Act of 1990 which comprises this subchapter.
Section is comprised of section 520 of Pub. L. 101-625. Subsec. (k)
of section 520 of Pub. L. 101-625 amended section 11908 of this title.
42 USC -- 11904. Applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
To receive a grant under this subchapter, a public housing agency or
an owner of federally assisted low-income housing shall submit an
application to the Secretary, at such time, in such manner, and
accompanied by such additional information as the Secretary may
reasonably require. Such application shall include a plan for
addressing the problem of drug-related crime on the premises of the
housing administered or owned by the applicant for which the application
is being submitted.
(b) Criteria
Except as provided by subsections (c) and (d) of this section the
Secretary shall approve applications under this subchapter based
exclusively on --
(1) the extent of the drug-related crime problem in the public or
federally assisted low-income housing project or projects proposed for
assistance;
(2) the quality of the plan to address the crime problem in the
public or federally assisted low-income housing project or projects
proposed for assistance, including the extent to which the plan includes
initiatives that can be sustained over a period of several years;
(3) the capability of the applicant to carry out the plan; and
(4) the extent to which tenants, the local government and the local
community support and participate in the design and implementation of
the activities proposed to be funded under the application.
(c) Federally assisted low-income housing
In addition to the selection criteria specified in subsection (b) of
this section, the Secretary may establish other criteria for the
evaluation of applications submitted by owners of federally assisted
low-income housing, except that such additional criteria shall be
designed only to reflect --
(1) relevant differences between the financial resources and other
characteristics of public housing authorities and owners of federally
assisted low-income housing, or
(2) relevant differences between the problem of drug-related crime in
public housing and the problem of drug-related crime in federally
assisted low-income housing.
(d) High intensity drug trafficking areas
In evaluating the extent of the drug-related crime problem pursuant
to subsection (b) of this section, the Secretary may consider whether
housing projects proposed for assistance are located in a high intensity
drug trafficking area designated pursuant to section 1504 of title 21.
(Pub. L. 100-690, title V, 5125, Nov. 18, 1988, 102 Stat. 4302;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4246.)
1990 -- Pub. L. 101-625 amended section generally, substituting
present provisions for provisions relating generally to applications for
grants under this subchapter and to criteria for approval of such
applications.
42 USC -- 11905. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purposes of this subchapter:
(1) Controlled substance
The term ''controlled substance'' has the meaning given such term in
section 802 of title 21.
(2) Drug-related crime
The term ''drug-related crime'' means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell,
distribute, or use a controlled substance.
(3) Secretary
The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(4) Federally assisted low-income housing
The term ''federally assisted low-income housing'' means housing
assisted under --
(A) section 1715l(d)(3), section 1715l(d)(4), or 1715z-1 of title 12;
(B) section 1701s of title 12; or
(C) section 1437f of this title.
(Pub. L. 100-690, title V, 5126, Nov. 18, 1988, 102 Stat. 4302;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4247.)
1990 -- Pub. L. 101-625 amended section generally, adding provisions
defining ''Federally assisted low-income housing''.
42 USC -- 11906. Implementation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall issue regulations to implement this subchapter
within 180 days after November 28, 1990.
(Pub. L. 100-690, title V, 5127, Nov. 18, 1988, 102 Stat. 4303;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4248.)
1990 -- Pub. L. 101-625 amended section generally. Prior to
amendment, section read as follows: ''The Secretary shall issue
regulations to implement this subchapter within 180 days after November
18, 1988.''
42 USC -- 11907. Reports
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall require grantees to provide periodic reports that
include the obligation and expenditure of grant funds, the progress made
by the grantee in implementing the plan described in section 11904(a) of
this title, and any change in the incidence of drug-related crime in
projects assisted under this subchapter.
(Pub. L. 100-690, title V, 5128, Nov. 18, 1988, 102 Stat. 4303;
Pub. L. 101-625, title V, 581(a), Nov. 28, 1990, 104 Stat. 4248.)
1990 -- Pub. L. 101-625 amended section generally. Prior to
amendment, section read as follows: ''Not later than June 30, 1990, the
Secretary, in consultation with the Director of National Drug Control
Policy, shall submit to the Congress a report setting forth the
activities carried out under the program established in this subchapter.
The report shall include any recommendations of the Secretary for
revisions necessary to make the program more effective.''
42 USC -- 11908. Monitoring
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall audit and monitor the programs funded under this
subchapter to ensure that assistance provided under this subchapter is
administered in accordance with the provisions of this subchapter.
(Pub. L. 100-690, title V, 5129, Nov. 18, 1988, 102 Stat. 4303;
Pub. L. 101-625, title V, 520(k), 581(a), Nov. 28, 1990, 104 Stat.
4205, 4248.)
1990 -- Pub. L. 101-625, 581(a), amended section generally. Prior
to amendment, section read as follows: ''There are authorized to be
appropriated to carry out this subchapter $8,200,000 for fiscal year
1989 and such sums as may be necessary for fiscal year 1990. From any
amounts appropriated under this section in each fiscal year, 5 percent
of such amounts shall be available for public housing youth sports
program grants under section 11903a of this title for such fiscal year.
Any amount appropriated under this section shall remain available until
expended.''
Pub. L. 101-625, 520(k), inserted second sentence ''From any amounts
appropriated under this section in each fiscal year, 5 percent of such
amounts shall be available for public housing youth sports program
grants under section 11903a of this title for such fiscal year.''
42 USC -- 11909. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
There is authorized to be appropriated to carry out this subchapter
$160,000,000 for fiscal year 1991 and $166,900,000 for fiscal year 1992.
Any amount appropriated under this section shall remain available until
expended.
(b) Set-aside for assisted housing
Of any amount made available in any fiscal year to carry out this
subchapter, not more than 6.25 percent of such amount shall be available
for grants for federally assisted, low-income housing.
(Pub. L. 100-690, title V, 5130, as added Pub. L. 101-625, title V,
581(a), Nov. 28, 1990, 104 Stat. 4248.)
42 USC -- SUBCHAPTER II -- DRUG-FREE PUBLIC HOUSING
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 11921. Statement of purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of this subchapter is to reaffirm the principle that
decent affordable shelter is a basic necessity, and the general welfare
of the Nation and the health and living standards of its people require
better coordination and training in drug prevention programs among the
public officials and agencies responsible for administering the public
housing programs of the Nation.
(Pub. L. 100-690, title V, 5142, Nov. 18, 1988, 102 Stat. 4303.)
42 USC -- 11922. Clearinghouse on drug abuse in public housing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary of Housing and Urban Development shall establish, in
the Office of Public Housing in the Department of Housing and Urban
Development, a clearinghouse to receive, collect, process, and assemble
information regarding the abuse of controlled substances in public
housing projects.
(b) Functions
The clearinghouse established under subsection (a) of this section
shall --
(1) respond to inquiries by members of the public requesting
assistance in investigating, studying, and working on the problem of the
abuse of controlled substances; and
(2) receive, collect, process, assemble, and provide information on
programs, authorities, institutions, and agencies, that may further
assist members of the public requesting information from the
clearinghouse.
(Pub. L. 100-690, title V, 5143, Nov. 18, 1988, 102 Stat. 4303.)
42 USC -- 11923. Regional training program on drug abuse in public
housing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish a regional training program for the
training of public housing officials, to better prepare and educate the
officials to confront the widespread abuse of controlled substances in
the communities in which the officials work.
(b) Operation
The regional training program established under subsection (a) of
this section shall be conducted within 12 months after November 18,
1988, by a national training unit established by the Secretary.
(Pub. L. 100-690, title V, 5144, Nov. 18, 1988, 102 Stat. 4303.)
42 USC -- 11924. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this subchapter:
(1) Controlled substance
The term ''controlled substance'' has the meaning given such term in
section 802 of title 21.
(2) Secretary
The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(Pub. L. 100-690, title V, 5145, Nov. 18, 1988, 102 Stat. 4304.)
42 USC -- 11925. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 6 months after November 18, 1988, the Secretary shall
issue any regulations necessary to carry out this subchapter.
(Pub. L. 100-690, title V, 5146, Nov. 18, 1988, 102 Stat. 4304.)
42 USC -- CHAPTER 125 -- RENEWABLE ENERGY AND ENERGY EFFICIENCY
TECHNOLOGY COMPETITIVENESS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12001. Finding, purpose, and general authority.
(a) Finding.
(b) Purpose.
(c) General authority.
12002. Definitions.
12003. National goals and multi-year funding for Federal wind,
photovoltaics, and solar thermal programs.
(a) National goals.
(b) Amended goals.
(c) Authorizations.
12004. Energy efficiency authorizations.
12005. Joint ventures.
(a) Findings and purpose.
(b) Joint ventures.
(c) Technologies.
(d) Secretarial discretion.
(e) Additional joint ventures.
12006. Reports.
(a) Report by Secretary.
(b) National renewable energy and energy efficiency management plan.
(c) Report on options.
12007. No antitrust immunity or defenses.
42 USC -- 12001. Finding, purpose, and general authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Finding
The Congress finds that it is in the national security and economic
interest of the United States to foster greater efficiency in the use of
available energy supplies and greater use of renewable energy
technologies.
(b) Purpose
It is the purpose of this chapter to authorize the Secretary of
Energy, acting in accordance with authority contained in the Federal
Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C.
5901-5920) and other law applicable to the Secretary, to pursue an
aggressive national program of research, development, and demonstration
of renewable energy and energy efficiency technologies in order to
ensure a stable and secure future energy supply by --
(1) achieving as soon as practicable cost competitive use of those
technologies without need of Federal financial incentives;
(2) establishing long-term Federal research goals and multiyear
funding levels;
(3) directing the Secretary to undertake initiatives to improve the
ability of the private sector to commercialize in the near term
renewable energy and energy efficiency technologies; and
(4) fostering collaborative research and development efforts
involving the private sector through government support of a program of
joint ventures.
(c) General authority
The Secretary, acting in accordance with the authority contained in
the Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5901-5920) and other law applicable to the Secretary --
(1) is authorized and directed to --
(A) pursue a program of research, development, and demonstration,
including the use of joint ventures with the private sector, to achieve
the purpose of this chapter, including the goals established under
section 12003 of this title; and
(B) undertake joint ventures as provided in section 12005 of this
title; and
(2) is authorized to undertake, from time to time, joint ventures in
technology areas other than those set forth in section 12005(c) of this
title, subject to the conditions set forth in section 12005(b) of this
title.
(Pub. L. 101-218, 2, Dec. 11, 1989, 103 Stat. 1859.)
This chapter, referred to in subsecs. (b) and (c)(1)(A), was in the
original ''this Act'', meaning Pub. L. 101-218, Dec. 11, 1989, 103
Stat. 1859, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
below and Tables.
The Federal Nonnuclear Energy Research and Development Act of 1974,
referred to in subsecs. (b) and (c), is Pub. L. 93-577, Dec. 31,
1974, 88 Stat. 1878, as amended, which is classified generally to
chapter 74 ( 5901 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 5901
of this title and Tables.
Section 1 of Pub. L. 101-218 provided: ''That this Act (enacting
this chapter and amending sections 6276 and 8243 of this title, section
2857 of Title 10, Armed Forces, and section 2194 of Title 22, Foreign
Relations and Intercourse) may be referred to as the 'Renewable Energy
and Energy Efficiency Technology Competitiveness Act of 1989'.''
42 USC -- 12002. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this chapter --
(1) the term ''invention'' means an invention or discovery that is
patented or for which a patent may be obtained under title 35, or any
novel variety of plant that is protected or for which plant variety
protection may be obtained under the Plant Variety Protection Act (7
U.S.C. 2321 et seq.) and that is conceived or reduced to practice as a
result of work under an agreement entered into under this chapter;
(2) ''joint venture'' means any agreement entered into under this
chapter by the Secretary with more than one or a consortium of
non-Federal persons (including a joint venture under the National
Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.)) for
cost-shared research, development, or demonstration of technologies, but
does not include procurement contracts, grant agreements, or cooperative
agreements as those terms are used in sections 6303, 6304, and 6305 of
title 31;
(3) the term ''non-Federal person'' means an entity located in the
United States, the controlling interest (as defined by the Secretary) of
which is held by persons of the United States, including --
(A) a for-profit business;
(B) a private foundation;
(C) a nonprofit organization such as a university;
(D) a trade or professional society; and
(E) a unit of State or local government;
(4) the term ''Secretary'' means the Secretary of Energy;
(5) the term ''small business'', with respect to a participant in any
joint venture under this chapter, means a private firm that does not
exceed the numerical size standard promulgated by the Small Business
Administration under section 632(a) of title 15 for the Standard
Industrial Classification (SIC) code designated by the Secretary of
Energy as the primary business activity to be undertaken in the venture;
and
(6) the term ''United States'' means the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other Commonwealth, territory, or possession of the
United States.
(Pub. L. 101-218, 3, Dec. 11, 1989, 103 Stat. 1859.)
The Plant Variety Protection Act, referred to in par. (1), is Pub.
L. 91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is
classified principally to chapter 57 ( 2321 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 2321 of Title 7 and Tables.
The National Cooperative Research Act of 1984, referred to in par.
(2), is Pub. L. 98-462, Oct. 11, 1984, 98 Stat. 1815, which is
classified generally to chapter 69 ( 4301 et seq.) of Title 15, Commerce
and Trade. For complete classification of this Act to the Code, see
Short Title note set out under section 4301 of Title 15 and Tables.
42 USC -- 12003. National goals and multi-year funding for Federal
wind, photovoltaics, and solar thermal programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) National goals
The following are declared to be the national goals for the wind,
photovoltaics, and solar thermal energy programs being carried out by
the Secretary:
(1) Wind
(A) In general, the goals for the Wind Energy Research Program
include improving design methodologies and developing more reliable and
efficient wind turbines to increase the cost competitiveness of wind
energy. Research efforts shall emphasize --
(i) activities that address near-term technical problems and assist
private sector exploitation of market opportunities of the wind energy
industry;
(ii) developing technologies such as advanced airfoils and variable
speed generators to increase wind turbine output and reduce maintenance
costs by decreasing structural stress and fatigue;
(iii) increasing the basic knowledge of aerodynamics, structural
dynamics, fatigue, and electrical systems interactions as applied to
wind energy technology; and
(iv) improving the compatibility of electricity produced from wind
farms with conventional utility needs.
(B) Specific goals for the Wind Energy Research Program shall be to
--
(i) reduce average wind energy costs to 3 to 5 cents per kilowatt
hour by 1995;
(ii) reduce capital costs of new wind energy systems to $500 to $750
per kilowatt of installed capacity by 1995;
(iii) reduce operation and maintenance costs for wind energy systems
to less than one cent per kilowatt hour by 1995; and
(iv) increase capacity factors for new wind energy systems to 25 to
35 percent by 1995.
(2) Photovoltaics
(A) In general, the goals of the Photovoltaic Energy Systems Program
shall include improving the reliability and conversion efficiencies of
and lowering the costs of photovoltaic conversion. Research efforts
shall emphasize advancements in the performance, stability, and
durability of photovoltaic materials.
(B) Specific goals of the Photovoltaic Energy Systems Program shall
be to --
(i) improve operational reliability of photovoltaic modules to 30
years by 1995;
(ii) increase photovoltaic conversion efficiencies by 20 percent by
1995;
(iii) decrease new photovoltaic module direct manufacturing costs to
$800 per kilowatt by 1995; and
(iv) increase cost efficiency of photovoltaic power production to 10
cents per kilowatt hour by 1995.
(3) Solar thermal
(A) In general, the goal of the Solar Thermal Energy Systems Program
shall be to advance research and development to a point where solar
thermal technology is cost-competitive with conventional energy sources,
and to promote the integration of this technology into the production of
industrial process heat and the conventional utility network. Research
and development shall emphasize development of a thermal storage
technology to provide capacity for shifting power to periods of demand
when full insolation is not available; improvement in receivers, energy
conversion devices, and innovative concentrators using stretch
membranes, lenses, and other materials; and exploration of advanced
manufacturing techniques.
(B) Specific goals of the Solar Thermal Energy Systems Program shall
be to --
(i) reduce solar thermal costs for industrial process heat to $9.00
per million Btu by 1995; and
(ii) reduce average solar thermal costs for electricity to 4 to 5
cents per kilowatt hour by 1995.
(4) Other technologies
The Secretary shall submit to the Congress, as part of the first
report submitted under section 12006 of this title, recommendations for
specific cost goals and other pertinent goals for 1995 for Department of
Energy research, development, and demonstration programs in Biofuels
Energy Systems, Hydrogen Energy Systems, Solar Buildings Energy Systems,
Ocean Energy Systems, Geothermal Energy Systems, Low-Head Hydro, and
Energy Storage Systems.
(b) Amended goals
Whenever the Secretary determines that any of the goals established
under this section is no longer appropriate, the Secretary shall notify
Congress, as part of a report submitted under section 12006 of this
title, of the reason for the determination and provide an amended goal
that is consistent with the purpose stated in section 12001(b) of this
title.
(c) Authorizations
There are authorized to be appropriated to the Secretary for the
following renewable energy research, development, and demonstration
programs: the Wind Energy Research Program, the Photovoltaic Energy
Systems Program, the Solar Thermal Energy Systems Program, the Biofuels
Energy Systems Program, the Hydrogen Energy Systems Program, the Solar
Buildings Energy Systems Program, the Ocean Energy Systems Program, and
the Geothermal Energy Systems Program --
(1) not to exceed $113,000,000 for fiscal year 1991, of which --
(A) not to exceed $39,000,000 shall be available for the Photovoltaic
Energy Systems Program;
(B) not to exceed $19,000,000 shall be available for the Geothermal
Energy Systems Program; and
(C) not to exceed $4,000,000 shall be available for the Hydrogen
Energy Systems Program;
(2) not to exceed $121,000,000 for fiscal year 1992, of which --
(A) not to exceed $40,000,000 shall be available for the Photovoltaic
Energy Systems Program;
(B) not to exceed $20,500,000 shall be available for the Geothermal
Energy Systems Program; and
(C) not to exceed $5,000,000 shall be available for the Hydrogen
Energy Systems Program; and
(3) not to exceed $124,000,000 for fiscal year 1993, of which --
(A) not to exceed $40,000,000 shall be available for the Photovoltaic
Energy Systems Program;
(B) not to exceed $23,000,000 shall be available for the Geothermal
Energy Systems Program; and
(C) not to exceed $6,000,000 shall be available for the Hydrogen
Energy Systems Program.
Each of the President's annual budget requests submitted to Congress
after December 11, 1989, shall include as separate line items each of
the categories of renewable energy programs described in this
subsection.
(Pub. L. 101-218, 4, Dec. 11, 1989, 103 Stat. 1860.)
42 USC -- 12004. Energy efficiency authorizations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to the Secretary for the
following energy efficiency research, development, and demonstration
programs: transportation, industrial, buildings and community systems,
multi-sector, and policy and management --
(1) not to exceed $201,100,000 for fiscal year 1991, of which --
(A) not to exceed $68,300,000 shall be available for the
transportation program; and
(B) not to exceed $53,500,000 shall be available for the industrial
program;
(2) not to exceed $210,600,000 for fiscal year 1992, of which --
(A) not to exceed $71,000,000 shall be available for the
transportation program; and
(B) not to exceed $54,700,000 shall be available for the industrial
program; and
(3) not to exceed $225,000,000 for fiscal year 1993, of which --
(A) not to exceed $73,900,000 shall be available for the
transportation program; and
(B) not to exceed $56,900,000 shall be available for the industrial
program.
(Pub. L. 101-218, 5, Dec. 11, 1989, 103 Stat. 1862.)
42 USC -- 12005. Joint ventures
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings and purpose
(1) Findings
For purposes of this section, Congress finds that joint ventures can
--
(A) improve coordination in technology development among firms in
industries attempting to commercialize renewable energy and energy
efficiency technologies;
(B) facilitate transfer of renewable energy and energy efficiency
technologies, including critical enabling technologies, to the private
sector; and
(C) enhance the ability of domestic firms to compete with foreign
enterprises in sales of renewable energy and energy efficiency
technologies.
(2) Purpose
The purpose of this section is to direct the Secretary to make use of
joint ventures to further commercialization of renewable energy and
energy efficiency technologies.
(b) Joint ventures
(1) Establishment
The Secretary shall solicit proposals for joint ventures in each of
the technology areas under subsection (c) of this section. The
Secretary shall select at least one joint venture in each of those
technology areas, unless no qualified proposals in that area are
received. Each joint venture selected under this section shall include
at least one for-profit business. Research and development activities
supported under this section shall be performed in the United States.
Each joint venture under this section shall require the manufacture and
reproduction, substantially within the United States, for commercial
sale of any invention that may result from the joint venture.
(2) Cost sharing
(A) The Secretary shall require at least 50 percent of the costs
directly and specifically related to any joint venture under this
section, including cash, personnel, services, equipment, and other
resources, to be provided from non-Federal sources.
(B) The Secretary may reduce the amount of the costs required to be
provided by any joint venture under subparagraph (A) upon application if
the Secretary determines that --
(i) the joint venture is composed exclusively of small businesses or
of small businesses and nonprofit entities; and
(ii) the reduction is appropriate and necessary for the successful
operation of the proposed joint venture.
(C) The extent of cost sharing provided under proposals shall be a
criterion for selection of proposals under this section.
(3) Advisory Committee
(A) The Secretary shall establish an Advisory Committee on Renewable
Energy and Energy Efficiency Joint Ventures (hereafter in this chapter
referred to as the ''Advisory Committee'') to advise the Secretary on
the development of the solicitation and evaluation criteria for joint
ventures, and on otherwise carrying out his responsibilities under this
section. The Secretary shall appoint members to the Advisory Committee,
including at least one member representing --
(i) the Secretary of Commerce;
(ii) the National Laboratories of the Department of Energy;
(iii) the Solar Energy Research Institute;
(iv) the Electric Power Research Institute;
(v) the Gas Research Institute;
(vi) the National Institute of Building Sciences;
(vii) the National Institute of Standards and Technology;
(viii) associations of firms in the major renewable energy
manufacturing industries; and
(ix) associations of firms in the major energy efficiency
manufacturing industries.
The Advisory Committee may establish such subcommittees as it
considers necessary to carry out this chapter.
(B) The Advisory Committee, within 120 days after its establishment,
shall provide the Secretary with recommendations regarding the structure
and selection criteria for a solicitation of proposals for joint
ventures. The Advisory Committee shall also advise the Secretary from
time to time on the implementation of the joint venture program.
Recommendations of the Advisory Committee shall be available to the
public.
(4) Draft solicitation and public comment
The Secretary shall issue a draft solicitation for joint ventures by
September 30, 1990. After such draft solicitation has been issued, the
Secretary shall provide for a period of public comment before the
issuance of a final solicitation.
(5) Protection of proprietary rights
Joint ventures, participants in joint ventures, and inventions
developed as a result of joint ventures under this section shall be
subject to section 5104 of title 15.
(c) Technologies
(1) Photovoltaics technology
(A) The Secretary shall solicit proposals for and provide financial
assistance to at least one joint venture for the demonstration of
photovoltaic conversion of solar energy in accordance with the
provisions of this paragraph.
(B) The purpose of joint ventures supported under this paragraph
shall be to design, test, and demonstrate critical enabling technologies
for photovoltaic conversion of solar energy so as to achieve, to the
maximum extent practicable, the goals of the Photovoltaic Energy Systems
Program set forth in section 12003(a)(2) of this title, as those goals
may be amended under section 12003(b) of this title.
(C) There are authorized to be appropriated to the Secretary not to
exceed $2,700,000 for each of the fiscal years 1991, 1992, and 1993 to
carry out this paragraph.
(2) Wind energy technology
(A) The Secretary shall solicit proposals for and provide financial
assistance to at least one joint venture for the demonstration of the
conversion of wind energy in accordance with the provisions of this
paragraph.
(B) The purpose of joint ventures supported under this paragraph
shall be to design, test, and demonstrate critical enabling technologies
for the conversion of wind energy so as to achieve, to the maximum
extent practicable, the goals of the Wind Energy Research Program set
forth in section 12003(a)(1) of this title, as those goals may be
amended under section 12003(b) of this title.
(C) There are authorized to be appropriated to the Secretary not to
exceed $2,700,000 for each of the fiscal years 1991, 1992, and 1993 to
carry out this paragraph.
(3) Solar thermal technology
(A) The Secretary shall solicit proposals for and provide financial
assistance to at least one joint venture for the demonstration of the
use of solar thermal energy in accordance with the provisions of this
paragraph.
(B) The purpose of joint ventures supported under this paragraph
shall be to design, test, and demonstrate critical enabling technologies
for the use of solar thermal energy so as to achieve, to the maximum
extent practicable, the goals of the Solar Thermal Energy Systems
Program set forth in section 12003(a)(3) of this title, as those goals
may be amended under section 12003(b) of this title.
(C) There are authorized to be appropriated to the Secretary not to
exceed $2,400,000 for each of the fiscal years 1991, 1992, and 1993 to
carry out this paragraph.
(4) Factory-made housing
(A) The Secretary shall solicit proposals for and provide financial
assistance to at least one joint venture in order to establish regional
projects to develop or demonstrate techniques to improve the energy
performance of factory-made housing offered by United States firms. In
locating projects under this paragraph, the Secretary shall consider
regional differences in housing needs, housing design, construction
technique, marketing practices, and construction materials.
(B) Projects supported pursuant to this paragraph shall be designed
to demonstrate state-of-the-art product quality, energy efficiency, and
adaptability to renewable forms of energy of factory-made housing
offered for sale in the United States. Such projects shall --
(i) be structured to demonstrate improvements in housing design,
fabrication, delivery systems, construction processes, and marketing;
(ii) develop a detailed characterization of the needs of the home
building industry;
(iii) establish a close working relationship with all sectors of the
home building industry; and
(iv) be coordinated to pool and conserve resources.
(C) There are authorized to be appropriated to the Secretary not to
exceed $5,000,000 for each of the fiscal years 1991, 1992, and 1993 to
carry out this paragraph.
(5) Advanced district cooling technology
(A) The Secretary shall solicit proposals for and provide financial
assistance to at least one joint venture for the demonstration of
advanced district cooling technologies that are applicable in cities
with high cooling loads, in accordance with the provisions of this
paragraph.
(B) The purpose of joint ventures supported under this paragraph
shall be to develop technical strategies for decreasing the capital cost
and increasing the energy efficiency of major district heating and
cooling system components and to assist in making district cooling
available to local governments.
(C) The Secretary shall select a city or cities for application of
advanced district cooling technologies developed by joint ventures
supported under this paragraph. The activities to be carried out in
such application shall include district cooling assessment, feasibility,
and engineering design studies.
(D) There are authorized to be appropriated to the Secretary not to
exceed $1,000,000 for each of the fiscal years 1991, 1992, and 1993 to
carry out this paragraph.
(d) Secretarial discretion
(1) If the Secretary, based on the recommendations of the Advisory
Committee under subsection (b)(3)(B) of this section, with respect to a
technology described in paragraph (1), (2), (3), (4), or (5) of
subsection (c) of this section, determines, that --
(A) there is insufficient private sector interest in joint ventures
for the demonstration of such technology to satisfy the requirement of
subsection (b)(2) of this section; or
(B) such joint ventures will substantially substitute for research,
development, and demonstration activities already financed by the
private sector,
then the Secretary shall not be subject to the requirements of this
section with respect to the technology described in such paragraph, and
the Secretary shall notify Congress and provide a written explanation of
the reasons for the determination.
(2) Promptly after notifying the Congress under paragraph (1), the
Secretary shall consult with the Advisory Committee, and, based on the
recommendations of such Committee, shall promptly transmit to Congress a
plan for the selection of a substitute field or technology in which to
solicit joint ventures that develop or demonstrate, consistent with this
section, an alternative renewable energy or energy efficiency technology
so as to accomplish the purpose of this chapter. Any unexpended funds
authorized to be appropriated under subsection (c) of this section for
joint ventures with respect to which a determination is made under
paragraph (1) may be used for a substitute joint venture selected under
this paragraph.
(3) When 30 calendar days have elapsed after transmittal of a plan
under paragraph (2), the Secretary shall proceed with solicitations for
joint ventures appropriate to that plan as if such joint ventures were
required under subsection (c) of this section.
(e) Additional joint ventures
(1) The Secretary shall recommend to the Congress three additional
joint ventures in the fields of renewable energy or energy efficiency
technologies for fiscal year 1993. Each proposed project shall be
described in sufficient detail to support congressional authorization.
(2) In selecting proposed projects under this subsection, the
Secretary shall consider the recommendations of the Advisory Committee,
and shall take into account the extent to which such projects will
contribute to earlier commercialization of key technologies than might
not occur without Federal support under this subsection, and the extent
to which such projects will contribute to the competitiveness of United
States firms engaged in international trade in renewable energy or
energy efficiency technologies.
(3) Joint ventures supported pursuant to a recommendation under this
subsection shall be carried out as if they were required under
subsection (c) of this section.
(Pub. L. 101-218, 6, Dec. 11, 1989, 103 Stat. 1863.)
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
42 USC -- 12006. Reports
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Report by Secretary
One year after December 11, 1989, and annually thereafter, the
Secretary shall report to Congress on the programs, projects, and joint
ventures supported under this chapter and the progress being made toward
accomplishing the goals and purposes set forth in this chapter.
(b) National renewable energy and energy efficiency management plan
(1) The Secretary, in consultation with the Advisory Committee, shall
prepare a management plan to be administered and carried out by the
Secretary in the conduct of activities under this chapter.
(2) After opportunity for public comment and consideration, as
appropriate, of such comment, the Secretary shall publish the plan.
(3) In addition to describing the Secretary's intentions for
administering this chapter, the plan shall include a comprehensive
strategy for assisting the private sector --
(A) in commercializing the renewable energy and energy efficiency
technologies developed under this chapter; and
(B) in meeting competition from foreign suppliers of products derived
from renewable energy and energy efficiency technologies.
(4) The plan shall address the role of federally-assisted research,
development, and demonstration in the achievement of applicable national
policy goals of the National Energy Policy Plan required under section
7321 of this title.
(5) The plan shall accompany the President's annual budget submission
to the Congress.
(c) Report on options
As part of the first report submitted under subsection (a) of this
section, the Secretary shall submit to Congress a report analyzing
options available to the Secretary under existing law to assist the
private sector with the timely commercialization of wind, photovoltaic,
solar thermal, biofuels, hydrogen, solar buildings, ocean, geothermal,
low-head hydro, and energy storage renewable energy technologies and
energy efficiency technologies through emphasis on development and
demonstration assistance to specific technologies in the research,
development, and demonstration programs of the Department of Energy that
are near commercial application.
(Pub. L. 101-218, 9, Dec. 11, 1989, 103 Stat. 1868.)
42 USC -- 12007. No antitrust immunity or defenses
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Nothing in this chapter shall be deemed to convey to any person,
partnership, corporation, or other entity immunity from civil or
criminal liability under any antitrust law or to create defenses to
actions under any antitrust law. As used in this section, ''antitrust
laws'' means those Acts set forth in section 12 of title 15.
(Pub. L. 101-218, 10, Dec. 11, 1989, 103 Stat. 1869.)
42 USC -- CHAPTER 126 -- EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12101. Findings and purpose.
(a) Findings.
(b) Purpose.
12102. Definitions.
12111. Definitions.
12112. Discrimination.
(a) General rule.
(b) Construction.
(c) Covered entities in foreign countries.
(d) Medical examinations and inquiries.
12113. Defenses.
(a) In general.
(b) Qualification standards.
(c) Religious entities.
(d) List of infectious and communicable diseases.
12114. Illegal use of drugs and alcohol.
(a) Qualified individual with a disability.
(b) Rules of construction.
(c) Authority of covered entity.
(d) Drug testing.
(e) Transportation employees.
12115. Posting notices.
12116. Regulations.
12117. Enforcement.
(a) Powers, remedies, and procedures.
(b) Coordination.
12131. Definitions.
12132. Discrimination.
12133. Enforcement.
12134. Regulations.
(a) In general.
(b) Relationship to other regulations.
(c) Standards.
12141. Definitions.
12142. Public entities operating fixed route systems.
(a) Purchase and lease of new vehicles.
(b) Purchase and lease of used vehicles.
(c) Remanufactured vehicles.
12143. Paratransit as a complement to fixed route service.
(a) General rule.
(b) Issuance of regulations.
(c) Required contents of regulations.
(d) Review of plan.
(e) ''Discrimination'' defined.
(f) Statutory construction.
12144. Public entity operating a demand responsive system.
12145. Temporary relief where lifts are unavailable.
(a) Granting.
(b) Duration and notice to Congress.
(c) Fraudulent application.
12146. New facilities.
12147. Alterations of existing facilities.
(a) General rule.
(b) Special rule for stations.
12148. Public transportation programs and activities in existing
facilities and one car per train rule.
(a) Public transportation programs and activities in existing
facilities.
(b) One car per train rule.
12149. Regulations.
(a) In general.
(b) Standards.
12150. Interim accessibility requirements.
12161. Definitions.
12162. Intercity and commuter rail actions considered
discriminatory.
(a) Intercity rail transportation.
(b) Commuter rail transportation.
(c) Used rail cars.
(d) Remanufactured rail cars.
(e) Stations.
12163. Conformance of accessibility standards.
12164. Regulations.
12165. Interim accessibility requirements.
(a) Stations.
(b) Rail passenger cars.
12181. Definitions.
12182. Prohibition of discrimination by public accommodations.
(a) General rule.
(b) Construction.
12183. New construction and alterations in public accommodations and
commercial facilities.
(a) Application of term.
(b) Elevator.
12184. Prohibition of discrimination in specified public
transportation services provided by private entities.
(a) General rule.
(b) Construction.
(c) Historical or antiquated cars.
12185. Study.
(a) Purposes.
(b) Contents.
(c) Advisory committee.
(d) Deadline.
(e) Review.
12186. Regulations.
(a) Transportation provisions.
(b) Other provisions.
(c) Consistency with ATBCB guidelines.
(d) Interim accessibility standards.
12187. Exemptions for private clubs and religious organizations.
12188. Enforcement.
(a) In general.
(b) Enforcement by Attorney General.
12189. Examinations and courses.
12201. Construction.
(a) In general.
(b) Relationship to other laws.
(c) Insurance.
(d) Accommodations and services.
12202. State immunity.
12203. Prohibition against retaliation and coercion.
(a) Retaliation.
(b) Interference, coercion, or intimidation.
(c) Remedies and procedures.
12204. Regulations by Architectural and Transportation Barriers
Compliance Board.
(a) Issuance of guidelines.
(b) Contents of guidelines.
(c) Qualified historic properties.
12205. Attorney's fees.
12206. Technical assistance.
(a) Plan for assistance.
(b) Agency and public assistance.
(c) Implementation.
(d) Grants and contracts.
(e) Failure to receive assistance.
12207. Federal wilderness areas.
(a) Study.
(b) Submission of report.
(c) Specific wilderness access.
12208. Transvestites.
12209. Coverage of Congress and agencies of legislative branch.
(a) Coverage of Senate.
(b) Coverage of House of Representatives.
(c) Instrumentalities of Congress.
12210. Illegal use of drugs.
(a) In general.
(b) Rules of construction.
(c) Health and other services.
(d) ''Illegal use of drugs'' defined.
12211. Definitions.
(a) Homosexuality and bisexuality.
(b) Certain conditions.
12212. Alternative means of dispute resolution.
12213. Severability.
1608, 1622, 1623.
42 USC -- 12101. Findings and purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
The Congress finds that --
(1) some 43,000,000 Americans have one or more physical or mental
disabilities, and this number is increasing as the population as a whole
is growing older;
(2) historically, society has tended to isolate and segregate
individuals with disabilities, and, despite some improvements, such
forms of discrimination against individuals with disabilities continue
to be a serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in
such critical areas as employment, housing, public accommodations,
education, transportation, communication, recreation,
institutionalization, health services, voting, and access to public
services;
(4) unlike individuals who have experienced discrimination on the
basis of race, color, sex, national origin, religion, or age,
individuals who have experienced discrimination on the basis of
disability have often had no legal recourse to redress such
discrimination;
(5) individuals with disabilities continually encounter various forms
of discrimination, including outright intentional exclusion, the
discriminatory effects of architectural, transportation, and
communication barriers, overprotective rules and policies, failure to
make modifications to existing facilities and practices, exclusionary
qualification standards and criteria, segregation, and relegation to
lesser services, programs, activities, benefits, jobs, or other
opportunities;
(6) census data, national polls, and other studies have documented
that people with disabilities, as a group, occupy an inferior status in
our society, and are severely disadvantaged socially, vocationally,
economically, and educationally;
(7) individuals with disabilities are a discrete and insular minority
who have been faced with restrictions and limitations, subjected to a
history of purposeful unequal treatment, and relegated to a position of
political powerlessness in our society, based on characteristics that
are beyond the control of such individuals and resulting from
stereotypic assumptions not truly indicative of the individual ability
of such individuals to participate in, and contribute to, society;
(8) the Nation's proper goals regarding individuals with disabilities
are to assure equality of opportunity, full participation, independent
living, and economic self-sufficiency for such individuals; and
(9) the continuing existence of unfair and unnecessary discrimination
and prejudice denies people with disabilities the opportunity to compete
on an equal basis and to pursue those opportunities for which our free
society is justifiably famous, and costs the United States billions of
dollars in unnecessary expenses resulting from dependency and
nonproductivity.
(b) Purpose
It is the purpose of this chapter --
(1) to provide a clear and comprehensive national mandate for the
elimination of discrimination against individuals with disabilities;
(2) to provide clear, strong, consistent, enforceable standards
addressing discrimination against individuals with disabilities;
(3) to ensure that the Federal Government plays a central role in
enforcing the standards established in this chapter on behalf of
individuals with disabilities; and
(4) to invoke the sweep of congressional authority, including the
power to enforce the fourteenth amendment and to regulate commerce, in
order to address the major areas of discrimination faced day-to-day by
people with disabilities.
(Pub. L. 101-336, 2, July 26, 1990, 104 Stat. 328.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out below and Tables.
Section 1(a) of Pub. L. 101-336 provided that: ''This Act (enacting
this chapter and section 225 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending section 706 of Title 29, Labor, and sections
152, 221, and 611 of Title 47, and enacting provisions set out as notes
under sections 12111, 12131, 12141, 12161, and 12181 of this title) may
be cited as the 'Americans with Disabilities Act of 1990'.''
42 USC -- 12102. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this chapter:
(1) Auxiliary aids and services
The term ''auxiliary aids and services'' includes --
(A) qualified interpreters or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(B) qualified readers, taped texts, or other effective methods of
making visually delivered materials available to individuals with visual
impairments;
(C) acquisition or modification of equipment or devices; and
(D) other similar services and actions.
(2) Disability
The term ''disability'' means, with respect to an individual --
(A) a physical or mental impairment that substantially limits one or
more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
(3) State
The term ''State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
(Pub. L. 101-336, 3, July 26, 1990, 104 Stat. 329.)
42 USC -- SUBCHAPTER I -- EMPLOYMENT
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12111. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subchapter:
(1) Commission
The term ''Commission'' means the Equal Employment Opportunity
Commission established by section 2000e-4 of this title.
(2) Covered entity
The term ''covered entity'' means an employer, employment agency,
labor organization, or joint labor-management committee.
(3) Direct threat
The term ''direct threat'' means a significant risk to the health or
safety of others that cannot be eliminated by reasonable accommodation.
(4) Employee
The term ''employee'' means an individual employed by an employer.
With respect to employment in a foreign country, such term includes an
individual who is a citizen of the United States.
(5) Employer
(A) In general
The term ''employer'' means a person engaged in an industry affecting
commerce who has 15 or more employees for each working day in each of 20
or more calendar weeks in the current or preceding calendar year, and
any agent of such person, except that, for two years following the
effective date of this subchapter, an employer means a person engaged in
an industry affecting commerce who has 25 or more employees for each
working day in each of 20 or more calendar weeks in the current or
preceding year, and any agent of such person.
(B) Exceptions
The term ''employer'' does not include --
(i) the United States, a corporation wholly owned by the government
of the United States, or an Indian tribe; or
(ii) a bona fide private membership club (other than a labor
organization) that is exempt from taxation under section 501(c) of title
26.
(6) Illegal use of drugs
(A) In general
The term ''illegal use of drugs'' means the use of drugs, the
possession or distribution of which is unlawful under the Controlled
Substances Act (21 U.S.C. 801 et seq.). Such term does not include the
use of a drug taken under supervision by a licensed health care
professional, or other uses authorized by the Controlled Substances Act
or other provisions of Federal law.
(B) Drugs
The term ''drug'' means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(7) Person, etc.
The terms ''person'', ''labor organization'', ''employment agency'',
''commerce'', and ''industry affecting commerce'', shall have the same
meaning given such terms in section 2000e of this title.
(8) Qualified individual with a disability
The term ''qualified individual with a disability'' means an
individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment
position that such individual holds or desires. For the purposes of
this subchapter, consideration shall be given to the employer's judgment
as to what functions of a job are essential, and if an employer has
prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence of
the essential functions of the job.
(9) Reasonable accommodation
The term ''reasonable accommodation'' may include --
(A) making existing facilities used by employees readily accessible
to and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, appropriate adjustment or modifications of
examinations, training materials or policies, the provision of qualified
readers or interpreters, and other similar accommodations for
individuals with disabilities.
(10) Undue hardship
(A) In general
The term ''undue hardship'' means an action requiring significant
difficulty or expense, when considered in light of the factors set forth
in subparagraph (B).
(B) Factors to be considered
In determining whether an accommodation would impose an undue
hardship on a covered entity, factors to be considered include --
(i) the nature and cost of the accommodation needed under this
chapter;
(ii) the overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation; the number
of persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such accommodation upon the
operation of the facility;
(iii) the overall financial resources of the covered entity; the
overall size of the business of a covered entity with respect to the
number of its employees; the number, type, and location of its
facilities; and
(iv) the type of operation or operations of the covered entity,
including the composition, structure, and functions of the workforce of
such entity; the geographic separateness, administrative, or fiscal
relationship of the facility or facilities in question to the covered
entity.
(Pub. L. 101-336, title I, 101, July 26, 1990, 104 Stat. 330; Pub.
L. 102-166, title I, 109(a), Nov. 21, 1991, 105 Stat. 1077.)
The effective date of this subchapter, referred to in par. (5)(A),
is 24 months after July 26, 1990, see section 108 of Pub. L. 101-336,
set out as an Effective Date note below.
The Controlled Substances Act, referred to in par. (6)(A), is title
II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which
is classified principally to subchapter I ( 801 et seq.) of chapter 13
of Title 21, Food and Drugs. For complete classification of this Act to
the Code, see Short Title note set out under section 801 of Title 21 and
Tables.
This chapter, referred to in par. (10)(B)(i), was in the original
''this Act'', meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 12101 of this title and Tables.
1991 -- Par. (4). Pub. L. 102-166 inserted at end ''With respect to
employment in a foreign country, such term includes an individual who is
a citizen of the United States.''
Amendment by Pub. L. 102-166 inapplicable to conduct occurring
before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set out
as a note under section 2000e of this title.
Section 108 of title I of Pub. L. 101-336 provided that: ''This
title (enacting this subchapter) shall become effective 24 months after
the date of enactment (July 26, 1990).''
42 USC -- 12112. Discrimination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General rule
No covered entity shall discriminate against a qualified individual
with a disability because of the disability of such individual in regard
to job application procedures, the hiring, advancement, or discharge of
employees, employee compensation, job training, and other terms,
conditions, and privileges of employment.
(b) Construction
As used in subsection (a) of this section, the term ''discriminate''
includes --
(1) limiting, segregating, or classifying a job applicant or employee
in a way that adversely affects the opportunities or status of such
applicant or employee because of the disability of such applicant or
employee;
(2) participating in a contractual or other arrangement or
relationship that has the effect of subjecting a covered entity's
qualified applicant or employee with a disability to the discrimination
prohibited by this subchapter (such relationship includes a relationship
with an employment or referral agency, labor union, an organization
providing fringe benefits to an employee of the covered entity, or an
organization providing training and apprenticeship programs);
(3) utilizing standards, criteria, or methods of administration --
(A) that have the effect of discrimination on the basis of
disability; or
(B) that perpetuate the discrimination of others who are subject to
common administrative control;
(4) excluding or otherwise denying equal jobs or benefits to a
qualified individual because of the known disability of an individual
with whom the qualified individual is known to have a relationship or
association;
(5)(A) not making reasonable accommodations to the known physical or
mental limitations of an otherwise qualified individual with a
disability who is an applicant or employee, unless such covered entity
can demonstrate that the accommodation would impose an undue hardship on
the operation of the business of such covered entity; or
(B) denying employment opportunities to a job applicant or employee
who is an otherwise qualified individual with a disability, if such
denial is based on the need of such covered entity to make reasonable
accommodation to the physical or mental impairments of the employee or
applicant;
(6) using qualification standards, employment tests or other
selection criteria that screen out or tend to screen out an individual
with a disability or a class of individuals with disabilities unless the
standard, test or other selection criteria, as used by the covered
entity, is shown to be job-related for the position in question and is
consistent with business necessity; and
(7) failing to select and administer tests concerning employment in
the most effective manner to ensure that, when such test is administered
to a job applicant or employee who has a disability that impairs
sensory, manual, or speaking skills, such test results accurately
reflect the skills, aptitude, or whatever other factor of such applicant
or employee that such test purports to measure, rather than reflecting
the impaired sensory, manual, or speaking skills of such employee or
applicant (except where such skills are the factors that the test
purports to measure).
(c) Covered entities in foreign countries
(1) In general
It shall not be unlawful under this section for a covered entity to
take any action that constitutes discrimination under this section with
respect to an employee in a workplace in a foreign country if compliance
with this section would cause such covered entity to violate the law of
the foreign country in which such workplace is located.
(2) Control of corporation
(A) Presumption
If an employer controls a corporation whose place of incorporation is
a foreign country, any practice that constitutes discrimination under
this section and is engaged in by such corporation shall be presumed to
be engaged in by such employer.
(B) Exception
This section shall not apply with respect to the foreign operations
of an employer that is a foreign person not controlled by an American
employer.
(C) Determination
For purposes of this paragraph, the determination of whether an
employer controls a corporation shall be based on --
(i) the interrelation of operations;
(ii) the common management;
(iii) the centralized control of labor relations; and
(iv) the common ownership or financial control,
of the employer and the corporation.
(d) Medical examinations and inquiries
(1) In general
The prohibition against discrimination as referred to in subsection
(a) of this section shall include medical examinations and inquiries.
(2) Preemployment
(A) Prohibited examination or inquiry
Except as provided in paragraph (3), a covered entity shall not
conduct a medical examination or make inquiries of a job applicant as to
whether such applicant is an individual with a disability or as to the
nature or severity of such disability.
(B) Acceptable inquiry
A covered entity may make preemployment inquiries into the ability of
an applicant to perform job-related functions.
(3) Employment entrance examination
A covered entity may require a medical examination after an offer of
employment has been made to a job applicant and prior to the
commencement of the employment duties of such applicant, and may
condition an offer of employment on the results of such examination, if
--
(A) all entering employees are subjected to such an examination
regardless of disability;
(B) information obtained regarding the medical condition or history
of the applicant is collected and maintained on separate forms and in
separate medical files and is treated as a confidential medical record,
except that --
(i) supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations;
(ii) first aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment; and
(iii) government officials investigating compliance with this chapter
shall be provided relevant information on request; and
(C) the results of such examination are used only in accordance with
this subchapter.
(4) Examination and inquiry
(A) Prohibited examinations and inquiries
A covered entity shall not require a medical examination and shall
not make inquiries of an employee as to whether such employee is an
individual with a disability or as to the nature or severity of the
disability, unless such examination or inquiry is shown to be
job-related and consistent with business necessity.
(B) Acceptable examinations and inquiries
A covered entity may conduct voluntary medical examinations,
including voluntary medical histories, which are part of an employee
health program available to employees at that work site. A covered
entity may make inquiries into the ability of an employee to perform
job-related functions.
(C) Requirement
Information obtained under subparagraph (B) regarding the medical
condition or history of any employee are subject to the requirements of
subparagraphs (B) and (C) of paragraph (3).
(Pub. L. 101-336, title I, 102, July 26, 1990, 104 Stat. 331; Pub.
L. 102-166, title I, 109(b)(2), Nov. 21, 1991, 105 Stat. 1077.)
1991 -- Subsecs. (c), (d). Pub. L. 102-166 added subsec. (c) and
redesignated former subsec. (c) as (d).
Amendment by Pub. L. 102-166 inapplicable to conduct occurring
before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set out
as a note under section 2000e of this title.
42 USC -- 12113. Defenses
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
It may be a defense to a charge of discrimination under this chapter
that an alleged application of qualification standards, tests, or
selection criteria that screen out or tend to screen out or otherwise
deny a job or benefit to an individual with a disability has been shown
to be job-related and consistent with business necessity, and such
performance cannot be accomplished by reasonable accommodation, as
required under this subchapter.
(b) Qualification standards
The term ''qualification standards'' may include a requirement that
an individual shall not pose a direct threat to the health or safety of
other individuals in the workplace.
(c) Religious entities
(1) In general
This subchapter shall not prohibit a religious corporation,
association, educational institution, or society from giving preference
in employment to individuals of a particular religion to perform work
connected with the carrying on by such corporation, association,
educational institution, or society of its activities.
(2) Religious tenets requirement
Under this subchapter, a religious organization may require that all
applicants and employees conform to the religious tenets of such
organization.
(d) List of infectious and communicable diseases
(1) In general
The Secretary of Health and Human Services, not later than 6 months
after July 26, 1990, shall --
(A) review all infectious and communicable diseases which may be
transmitted through handling the food supply;
(B) publish a list of infectious and communicable diseases which are
transmitted through handling the food supply;
(C) publish the methods by which such diseases are transmitted; and
(D) widely disseminate such information regarding the list of
diseases and their modes of transmissability to the general public.
Such list shall be updated annually.
(2) Applications
In any case in which an individual has an infectious or communicable
disease that is transmitted to others through the handling of food, that
is included on the list developed by the Secretary of Health and Human
Services under paragraph (1), and which cannot be eliminated by
reasonable accommodation, a covered entity may refuse to assign or
continue to assign such individual to a job involving food handling.
(3) Construction
Nothing in this chapter shall be construed to preempt, modify, or
amend any State, county, or local law, ordinance, or regulation
applicable to food handling which is designed to protect the public
health from individuals who pose a significant risk to the health or
safety of others, which cannot be eliminated by reasonable
accommodation, pursuant to the list of infectious or communicable
diseases and the modes of transmissability published by the Secretary of
Health and Human Services.
(Pub. L. 101-336, title I, 103, July 26, 1990, 104 Stat. 333.)
42 USC -- 12114. Illegal use of drugs and alcohol
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Qualified individual with a disability
For purposes of this subchapter, the term ''qualified individual with
a disability'' shall not include any employee or applicant who is
currently engaging in the illegal use of drugs, when the covered entity
acts on the basis of such use.
(b) Rules of construction
Nothing in subsection (a) of this section shall be construed to
exclude as a qualified individual with a disability an individual who --
(1) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or has
otherwise been rehabilitated successfully and is no longer engaging in
such use;
(2) is participating in a supervised rehabilitation program and is no
longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not
engaging in such use;
except that it shall not be a violation of this chapter for a covered
entity to adopt or administer reasonable policies or procedures,
including but not limited to drug testing, designed to ensure that an
individual described in paragraph (1) or (2) is no longer engaging in
the illegal use of drugs.
(c) Authority of covered entity
A covered entity --
(1) may prohibit the illegal use of drugs and the use of alcohol at
the workplace by all employees;
(2) may require that employees shall not be under the influence of
alcohol or be engaging in the illegal use of drugs at the workplace;
(3) may require that employees behave in conformance with the
requirements established under the Drug-Free Workplace Act of 1988 (41
U.S.C. 701 et seq.);
(4) may hold an employee who engages in the illegal use of drugs or
who is an alcoholic to the same qualification standards for employment
or job performance and behavior that such entity holds other employees,
even if any unsatisfactory performance or behavior is related to the
drug use or alcoholism of such employee; and
(5) may, with respect to Federal regulations regarding alcohol and
the illegal use of drugs, require that --
(A) employees comply with the standards established in such
regulations of the Department of Defense, if the employees of the
covered entity are employed in an industry subject to such regulations,
including complying with regulations (if any) that apply to employment
in sensitive positions in such an industry, in the case of employees of
the covered entity who are employed in such positions (as defined in the
regulations of the Department of Defense);
(B) employees comply with the standards established in such
regulations of the Nuclear Regulatory Commission, if the employees of
the covered entity are employed in an industry subject to such
regulations, including complying with regulations (if any) that apply to
employment in sensitive positions in such an industry, in the case of
employees of the covered entity who are employed in such positions (as
defined in the regulations of the Nuclear Regulatory Commission); and
(C) employees comply with the standards established in such
regulations of the Department of Transportation, if the employees of the
covered entity are employed in a transportation industry subject to such
regulations, including complying with such regulations (if any) that
apply to employment in sensitive positions in such an industry, in the
case of employees of the covered entity who are employed in such
positions (as defined in the regulations of the Department of
Transportation).
(d) Drug testing
(1) In general
For purposes of this subchapter, a test to determine the illegal use
of drugs shall not be considered a medical examination.
(2) Construction
Nothing in this subchapter shall be construed to encourage, prohibit,
or authorize the conducting of drug testing for the illegal use of drugs
by job applicants or employees or making employment decisions based on
such test results.
(e) Transportation employees
Nothing in this subchapter shall be construed to encourage, prohibit,
restrict, or authorize the otherwise lawful exercise by entities subject
to the jurisdiction of the Department of Transportation of authority to
--
(1) test employees of such entities in, and applicants for, positions
involving safety-sensitive duties for the illegal use of drugs and for
on-duty impairment by alcohol; and
(2) remove such persons who test positive for illegal use of drugs
and on-duty impairment by alcohol pursuant to paragraph (1) from
safety-sensitive duties in implementing subsection (c) of this section.
(Pub. L. 101-336, title I, 104, July 26, 1990, 104 Stat. 334.)
The Drug-Free Workplace Act of 1988, referred to in subsec. (c)(3),
is subtitle D ( 5151-5160) of title V of Pub. L. 100-690, Nov. 18,
1988, 102 Stat. 4304, which is classified generally to chapter 10 ( 701
et seq.) of Title 41, Public Contracts. For complete classification of
this Act to the Code, see Short Title note set out under section 701 of
Title 41 and Tables.
42 USC -- 12115. Posting notices
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Every employer, employment agency, labor organization, or joint
labor-management committee covered under this subchapter shall post
notices in an accessible format to applicants, employees, and members
describing the applicable provisions of this chapter, in the manner
prescribed by section 2000e-10 of this title.
(Pub. L. 101-336, title I, 105, July 26, 1990, 104 Stat. 336.)
42 USC -- 12116. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 1 year after July 26, 1990, the Commission shall issue
regulations in an accessible format to carry out this subchapter in
accordance with subchapter II of chapter 5 of title 5.
(Pub. L. 101-336, title I, 106, July 26, 1990, 104 Stat. 336.)
42 USC -- 12117. Enforcement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Powers, remedies, and procedures
The powers, remedies, and procedures set forth in sections 2000e-4,
2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this title shall be the
powers, remedies, and procedures this subchapter provides to the
Commission, to the Attorney General, or to any person alleging
discrimination on the basis of disability in violation of any provision
of this chapter, or regulations promulgated under section 12116 of this
title, concerning employment.
(b) Coordination
The agencies with enforcement authority for actions which allege
employment discrimination under this subchapter and under the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) shall develop
procedures to ensure that administrative complaints filed under this
subchapter and under the Rehabilitation Act of 1973 are dealt with in a
manner that avoids duplication of effort and prevents imposition of
inconsistent or conflicting standards for the same requirements under
this subchapter and the Rehabilitation Act of 1973. The Commission, the
Attorney General, and the Office of Federal Contract Compliance Programs
shall establish such coordinating mechanisms (similar to provisions
contained in the joint regulations promulgated by the Commission and the
Attorney General at part 42 of title 28 and part 1691 of title 29, Code
of Federal Regulations, and the Memorandum of Understanding between the
Commission and the Office of Federal Contract Compliance Programs dated
January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations
implementing this subchapter and Rehabilitation Act of 1973 not later
than 18 months after July 26, 1990.
(Pub. L. 101-336, title I, 107, July 26, 1990, 104 Stat. 336.)
The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified principally to chapter 16 ( 701 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see Short Title
note set out under section 701 of Title 29 and Tables.
42 USC -- SUBCHAPTER II -- PUBLIC SERVICES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- Part A -- Prohibition Against Discrimination and Other
Generally Applicable Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12131. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subchapter:
(1) Public entity
The term ''public entity'' means --
(A) any State or local government;
(B) any department, agency, special purpose district, or other
instrumentality of a State or States or local government; and
(C) the National Railroad Passenger Corporation, and any commuter
authority (as defined in section 502(8) of title 45).
(2) Qualified individual with a disability
The term ''qualified individual with a disability'' means an
individual with a disability who, with or without reasonable
modifications to rules, policies, or practices, the removal of
architectural, communication, or transportation barriers, or the
provision of auxiliary aids and services, meets the essential
eligibility requirements for the receipt of services or the
participation in programs or activities provided by a public entity.
(Pub. L. 101-336, title II, 201, July 26, 1990, 104 Stat. 337.)
Section 205 of Pub. L. 101-336 provided that:
''(a) General Rule. -- Except as provided in subsection (b), this
subtitle (subtitle A ( 201-205) of title II of Pub. L. 101-336,
enacting this part) shall become effective 18 months after the date of
enactment of this Act (July 26, 1990).
''(b) Exception. -- Section 204 (section 12134 of this title) shall
become effective on the date of enactment of this Act.''
42 USC -- 12132. Discrimination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Subject to the provisions of this subchapter, no qualified individual
with a disability shall, by reason of such disability, be excluded from
participation in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination by any
such entity.
(Pub. L. 101-336, title II, 202, July 26, 1990, 104 Stat. 337.)
42 USC -- 12133. Enforcement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The remedies, procedures, and rights set forth in section 794a of
title 29 shall be the remedies, procedures, and rights this subchapter
provides to any person alleging discrimination on the basis of
disability in violation of section 12132 of this title.
(Pub. L. 101-336, title II, 203, July 26, 1990, 104 Stat. 337.)
42 USC -- 12134. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Not later than 1 year after July 26, 1990, the Attorney General shall
promulgate regulations in an accessible format that implement this part.
Such regulations shall not include any matter within the scope of the
authority of the Secretary of Transportation under section 12143, 12149,
or 12164 of this title.
(b) Relationship to other regulations
Except for ''program accessibility, existing facilities'', and
''communications'', regulations under subsection (a) of this section
shall be consistent with this chapter and with the coordination
regulations under part 41 of title 28, Code of Federal Regulations (as
promulgated by the Department of Health, Education, and Welfare on
January 13, 1978), applicable to recipients of Federal financial
assistance under section 794 of title 29. With respect to ''program
accessibility, existing facilities'', and ''communications'', such
regulations shall be consistent with regulations and analysis as in part
39 of title 28 of the Code of Federal Regulations, applicable to
federally conducted activities under section 794 of title 29.
(c) Standards
Regulations under subsection (a) of this section shall include
standards applicable to facilities and vehicles covered by this part,
other than facilities, stations, rail passenger cars, and vehicles
covered by part B of this subchapter. Such standards shall be
consistent with the minimum guidelines and requirements issued by the
Architectural and Transportation Barriers Compliance Board in accordance
with section 12204(a) of this title.
(Pub. L. 101-336, title II, 204, July 26, 1990, 104 Stat. 337.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 12101
of this title and Tables.
Section effective July 26, 1990, see section 205(b) of Pub. L.
101-336, set out as a note under section 12131 of this title.
42 USC -- Part B -- Actions Applicable to Public Transportation Provided
by Public Entities Considered Discriminatory
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- subpart i -- public transportation other than by aircraft or
certain rail operations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12141. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subpart:
(1) Demand responsive system
The term ''demand responsive system'' means any system of providing
designated public transportation which is not a fixed route system.
(2) Designated public transportation
The term ''designated public transportation'' means transportation
(other than public school transportation) by bus, rail, or any other
conveyance (other than transportation by aircraft or intercity or
commuter rail transportation (as defined in section 12161 of this
title)) that provides the general public with general or special service
(including charter service) on a regular and continuing basis.
(3) Fixed route system
The term ''fixed route system'' means a system of providing
designated public transportation on which a vehicle is operated along a
prescribed route according to a fixed schedule.
(4) Operates
The term ''operates'', as used with respect to a fixed route system
or demand responsive system, includes operation of such system by a
person under a contractual or other arrangement or relationship with a
public entity.
(5) Public school transportation
The term ''public school transportation'' means transportation by
schoolbus vehicles of schoolchildren, personnel, and equipment to and
from a public elementary or secondary school and school-related
activities.
(6) Secretary
The term ''Secretary'' means the Secretary of Transportation.
(Pub. L. 101-336, title II, 221, July 26, 1990, 104 Stat. 338.)
Section 231 of Pub. L. 101-336 provided that:
''(a) General Rule. -- Except as provided in subsection (b), this
part (part I ( 221-231) of subtitle B of title II of Pub. L. 101-336,
enacting this subpart) shall become effective 18 months after the date
of enactment of this Act (July 26, 1990).
''(b) Exception. -- Sections 222, 223 (other than subsection (a)),
224, 225, 227(b), 228(b), and 229 (sections 12142, 12143(b) to (f),
12144, 12145, 12147(b), 12148(b), and 12149 of this title) shall become
effective on the date of enactment of this Act.''
42 USC -- 12142. Public entities operating fixed route systems
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Purchase and lease of new vehicles
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a public entity which
operates a fixed route system to purchase or lease a new bus, a new
rapid rail vehicle, a new light rail vehicle, or any other new vehicle
to be used on such system, if the solicitation for such purchase or
lease is made after the 30th day following July 26, 1990, and if such
bus, rail vehicle, or other vehicle is not readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs.
(b) Purchase and lease of used vehicles
Subject to subsection (c)(1) of this section, it shall be considered
discrimination for purposes of section 12132 of this title and section
794 of title 29 for a public entity which operates a fixed route system
to purchase or lease, after the 30th day following July 26, 1990, a used
vehicle for use on such system unless such entity makes demonstrated
good faith efforts to purchase or lease a used vehicle for use on such
system that is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(c) Remanufactured vehicles
(1) General rule
Except as provided in paragraph (2), it shall be considered
discrimination for purposes of section 12132 of this title and section
794 of title 29 for a public entity which operates a fixed route system
--
(A) to remanufacture a vehicle for use on such system so as to extend
its usable life for 5 years or more, which remanufacture begins (or for
which the solicitation is made) after the 30th day following July 26,
1990; or
(B) to purchase or lease for use on such system a remanufactured
vehicle which has been remanufactured so as to extend its usable life
for 5 years or more, which purchase or lease occurs after such 30th day
and during the period in which the usable life is extended;
unless, after remanufacture, the vehicle is, to the maximum extent
feasible, readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(2) Exception for historic vehicles
(A) General rule
If a public entity operates a fixed route system any segment of which
is included on the National Register of Historic Places and if making a
vehicle of historic character to be used solely on such segment readily
accessible to and usable by individuals with disabilities would
significantly alter the historic character of such vehicle, the public
entity only has to make (or to purchase or lease a remanufactured
vehicle with) those modifications which are necessary to meet the
requirements of paragraph (1) and which do not significantly alter the
historic character of such vehicle.
(B) Vehicles of historic character defined by regulations
For purposes of this paragraph and section 12148(b) of this title, a
vehicle of historic character shall be defined by the regulations issued
by the Secretary to carry out this subsection.
(Pub. L. 101-336, title II, 222, July 26, 1990, 104 Stat. 339.)
Section effective July 26, 1990, see section 231(b) of Pub. L.
101-336, set out as a note under section 12141 of this title.
42 USC -- 12143. Paratransit as a complement to fixed route service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General rule
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a public entity which
operates a fixed route system (other than a system which provides solely
commuter bus service) to fail to provide with respect to the operations
of its fixed route system, in accordance with this section, paratransit
and other special transportation services to individuals with
disabilities, including individuals who use wheelchairs, that are
sufficient to provide to such individuals a level of service (1) which
is comparable to the level of designated public transportation services
provided to individuals without disabilities using such system; or (2)
in the case of response time, which is comparable, to the extent
practicable, to the level of designated public transportation services
provided to individuals without disabilities using such system.
(b) Issuance of regulations
Not later than 1 year after July 26, 1990, the Secretary shall issue
final regulations to carry out this section.
(c) Required contents of regulations
(1) Eligible recipients of service
The regulations issued under this section shall require each public
entity which operates a fixed route system to provide the paratransit
and other special transportation services required under this section --
(A)(i) to any individual with a disability who is unable, as a result
of a physical or mental impairment (including a vision impairment) and
without the assistance of another individual (except an operator of a
wheelchair lift or other boarding assistance device), to board, ride, or
disembark from any vehicle on the system which is readily accessible to
and usable by individuals with disabilities;
(ii) to any individual with a disability who needs the assistance of
a wheelchair lift or other boarding assistance device (and is able with
such assistance) to board, ride, and disembark from any vehicle which is
readily accessible to and usable by individuals with disabilities if the
individual wants to travel on a route on the system during the hours of
operation of the system at a time (or within a reasonable period of such
time) when such a vehicle is not being used to provide designated public
transportation on the route; and
(iii) to any individual with a disability who has a specific
impairment-related condition which prevents such individual from
traveling to a boarding location or from a disembarking location on such
system;
(B) to one other individual accompanying the individual with the
disability; and
(C) to other individuals, in addition to the one individual described
in subparagraph (B), accompanying the individual with a disability
provided that space for these additional individuals is available on the
paratransit vehicle carrying the individual with a disability and that
the transportation of such additional individuals will not result in a
denial of service to individuals with disabilities.
For purposes of clauses (i) and (ii) of subparagraph (A), boarding or
disembarking from a vehicle does not include travel to the boarding
location or from the disembarking location.
(2) Service area
The regulations issued under this section shall require the provision
of paratransit and special transportation services required under this
section in the service area of each public entity which operates a fixed
route system, other than any portion of the service area in which the
public entity solely provides commuter bus service.
(3) Service criteria
Subject to paragraphs (1) and (2), the regulations issued under this
section shall establish minimum service criteria for determining the
level of services to be required under this section.
(4) Undue financial burden limitation
The regulations issued under this section shall provide that, if the
public entity is able to demonstrate to the satisfaction of the
Secretary that the provision of paratransit and other special
transportation services otherwise required under this section would
impose an undue financial burden on the public entity, the public
entity, notwithstanding any other provision of this section (other than
paragraph (5)), shall only be required to provide such services to the
extent that providing such services would not impose such a burden.
(5) Additional services
The regulations issued under this section shall establish
circumstances under which the Secretary may require a public entity to
provide, notwithstanding paragraph (4), paratransit and other special
transportation services under this section beyond the level of
paratransit and other special transportation services which would
otherwise be required under paragraph (4).
(6) Public participation
The regulations issued under this section shall require that each
public entity which operates a fixed route system hold a public hearing,
provide an opportunity for public comment, and consult with individuals
with disabilities in preparing its plan under paragraph (7).
(7) Plans
The regulations issued under this section shall require that each
public entity which operates a fixed route system --
(A) within 18 months after July 26, 1990, submit to the Secretary,
and commence implementation of, a plan for providing paratransit and
other special transportation services which meets the requirements of
this section; and
(B) on an annual basis thereafter, submit to the Secretary, and
commence implementation of, a plan for providing such services.
(8) Provision of services by others
The regulations issued under this section shall --
(A) require that a public entity submitting a plan to the Secretary
under this section identify in the plan any person or other public
entity which is providing a paratransit or other special transportation
service for individuals with disabilities in the service area to which
the plan applies; and
(B) provide that the public entity submitting the plan does not have
to provide under the plan such service for individuals with
disabilities.
(9) Other provisions
The regulations issued under this section shall include such other
provisions and requirements as the Secretary determines are necessary to
carry out the objectives of this section.
(d) Review of plan
(1) General rule
The Secretary shall review a plan submitted under this section for
the purpose of determining whether or not such plan meets the
requirements of this section, including the regulations issued under
this section.
(2) Disapproval
If the Secretary determines that a plan reviewed under this
subsection fails to meet the requirements of this section, the Secretary
shall disapprove the plan and notify the public entity which submitted
the plan of such disapproval and the reasons therefor.
(3) Modification of disapproved plan
Not later than 90 days after the date of disapproval of a plan under
this subsection, the public entity which submitted the plan shall modify
the plan to meet the requirements of this section and shall submit to
the Secretary, and commence implementation of, such modified plan.
(e) ''Discrimination'' defined
As used in subsection (a) of this section, the term
''discrimination'' includes --
(1) a failure of a public entity to which the regulations issued
under this section apply to submit, or commence implementation of, a
plan in accordance with subsections (c)(6) and (c)(7) of this section;
(2) a failure of such entity to submit, or commence implementation
of, a modified plan in accordance with subsection (d)(3) of this
section;
(3) submission to the Secretary of a modified plan under subsection
(d)(3) of this section which does not meet the requirements of this
section; or
(4) a failure of such entity to provide paratransit or other special
transportation services in accordance with the plan or modified plan the
public entity submitted to the Secretary under this section.
(f) Statutory construction
Nothing in this section shall be construed as preventing a public
entity --
(1) from providing paratransit or other special transportation
services at a level which is greater than the level of such services
which are required by this section,
(2) from providing paratransit or other special transportation
services in addition to those paratransit and special transportation
services required by this section, or
(3) from providing such services to individuals in addition to those
individuals to whom such services are required to be provided by this
section.
(Pub. L. 101-336, title II, 223, July 26, 1990, 104 Stat. 340.)
Subsec. (a) of this section effective 18 months after July 26, 1990,
and subsecs. (b) to (f) of this section effective July 26, 1990, see
section 231 of Pub. L. 101-336, set out as a note under section 12141
of this title.
42 USC -- 12144. Public entity operating a demand responsive system
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
If a public entity operates a demand responsive system, it shall be
considered discrimination, for purposes of section 12132 of this title
and section 794 of title 29, for such entity to purchase or lease a new
vehicle for use on such system, for which a solicitation is made after
the 30th day following July 26, 1990, that is not readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs, unless such system, when viewed in its entirety,
provides a level of service to such individuals equivalent to the level
of service such system provides to individuals without disabilities.
(Pub. L. 101-336, title II, 224, July 26, 1990, 104 Stat. 342.)
Section effective July 26, 1990, see section 231(b) of Pub. L.
101-336, set out as a note under section 12141 of this title.
42 USC -- 12145. Temporary relief where lifts are unavailable
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Granting
With respect to the purchase of new buses, a public entity may apply
for, and the Secretary may temporarily relieve such public entity from
the obligation under section 12142(a) or 12144 of this title to purchase
new buses that are readily accessible to and usable by individuals with
disabilities if such public entity demonstrates to the satisfaction of
the Secretary --
(1) that the initial solicitation for new buses made by the public
entity specified that all new buses were to be lift-equipped and were to
be otherwise accessible to and usable by individuals with disabilities;
(2) the unavailability from any qualified manufacturer of hydraulic,
electromechanical, or other lifts for such new buses;
(3) that the public entity seeking temporary relief has made good
faith efforts to locate a qualified manufacturer to supply the lifts to
the manufacturer of such buses in sufficient time to comply with such
solicitation; and
(4) that any further delay in purchasing new buses necessary to
obtain such lifts would significantly impair transportation services in
the community served by the public entity.
(b) Duration and notice to Congress
Any relief granted under subsection (a) of this section shall be
limited in duration by a specified date, and the appropriate committees
of Congress shall be notified of any such relief granted.
(c) Fraudulent application
If, at any time, the Secretary has reasonable cause to believe that
any relief granted under subsection (a) of this section was fraudulently
applied for, the Secretary shall --
(1) cancel such relief if such relief is still in effect; and
(2) take such other action as the Secretary considers appropriate.
(Pub. L. 101-336, title II, 225, July 26, 1990, 104 Stat. 343.)
Section effective July 26, 1990, see section 231(b) of Pub. L.
101-336, set out as a note under section 12141 of this title.
42 USC -- 12146. New facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of section 12132 of this title and section 794 of title
29, it shall be considered discrimination for a public entity to
construct a new facility to be used in the provision of designated
public transportation services unless such facility is readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(Pub. L. 101-336, title II, 226, July 26, 1990, 104 Stat. 343.)
Section effective 18 months after July 26, 1990, see section 231(a)
of Pub. L. 101-336, set out as a note under section 12141 of this
title.
42 USC -- 12147. Alterations of existing facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General rule
With respect to alterations of an existing facility or part thereof
used in the provision of designated public transportation services that
affect or could affect the usability of the facility or part thereof, it
shall be considered discrimination, for purposes of section 12132 of
this title and section 794 of title 29, for a public entity to fail to
make such alterations (or to ensure that the alterations are made) in
such a manner that, to the maximum extent feasible, the altered portions
of the facility are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon the
completion of such alterations. Where the public entity is undertaking
an alteration that affects or could affect usability of or access to an
area of the facility containing a primary function, the entity shall
also make the alterations in such a manner that, to the maximum extent
feasible, the path of travel to the altered area and the bathrooms,
telephones, and drinking fountains serving the altered area, are readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, upon completion of such alterations,
where such alterations to the path of travel or the bathrooms,
telephones, and drinking fountains serving the altered area are not
disproportionate to the overall alterations in terms of cost and scope
(as determined under criteria established by the Attorney General).
(b) Special rule for stations
(1) General rule
For purposes of section 12132 of this title and section 794 of title
29, it shall be considered discrimination for a public entity that
provides designated public transportation to fail, in accordance with
the provisions of this subsection, to make key stations (as determined
under criteria established by the Secretary by regulation) in rapid rail
and light rail systems readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs.
(2) Rapid rail and light rail key stations
(A) Accessibility
Except as otherwise provided in this paragraph, all key stations (as
determined under criteria established by the Secretary by regulation) in
rapid rail and light rail systems shall be made readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs, as soon as practicable but in no event later than the
last day of the 3-year period beginning on July 26, 1990.
(B) Extension for extraordinarily expensive structural changes
The Secretary may extend the 3-year period under subparagraph (A) up
to a 30-year period for key stations in a rapid rail or light rail
system which stations need extraordinarily expensive structural changes
to, or replacement of, existing facilities; except that by the last day
of the 20th year following July 26, 1990, at least 2/3 of such key
stations must be readily accessible to and usable by individuals with
disabilities.
(3) Plans and milestones
The Secretary shall require the appropriate public entity to develop
and submit to the Secretary a plan for compliance with this subsection
--
(A) that reflects consultation with individuals with disabilities
affected by such plan and the results of a public hearing and public
comments on such plan, and
(B) that establishes milestones for achievement of the requirements
of this subsection.
(Pub. L. 101-336, title II, 227, July 26, 1990, 104 Stat. 343.)
Subsec. (a) of this section effective 18 months after July 26, 1990,
and subsec. (b) of this section effective July 26, 1990, see section
231 of Pub. L. 101-336, set out as a note under section 12141 of this
title.
42 USC -- 12148. Public transportation programs and activities in
existing facilities and one car per train rule
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Public transportation programs and activities in existing
facilities
(1) In general
With respect to existing facilities used in the provision of
designated public transportation services, it shall be considered
discrimination, for purposes of section 12132 of this title and section
794 of title 29, for a public entity to fail to operate a designated
public transportation program or activity conducted in such facilities
so that, when viewed in the entirety, the program or activity is readily
accessible to and usable by individuals with disabilities.
(2) Exception
Paragraph (1) shall not require a public entity to make structural
changes to existing facilities in order to make such facilities
accessible to individuals who use wheelchairs, unless and to the extent
required by section 12147(a) of this title (relating to alterations) or
section 12147(b) of this title (relating to key stations).
(3) Utilization
Paragraph (1) shall not require a public entity to which paragraph
(2) applies, to provide to individuals who use wheelchairs services made
available to the general public at such facilities when such individuals
could not utilize or benefit from such services provided at such
facilities.
(b) One car per train rule
(1) General rule
Subject to paragraph (2), with respect to 2 or more vehicles operated
as a train by a light or rapid rail system, for purposes of section
12132 of this title and section 794 of title 29, it shall be considered
discrimination for a public entity to fail to have at least 1 vehicle
per train that is accessible to individuals with disabilities, including
individuals who use wheelchairs, as soon as practicable but in no event
later than the last day of the 5-year period beginning on the effective
date of this section.
(2) Historic trains
In order to comply with paragraph (1) with respect to the
remanufacture of a vehicle of historic character which is to be used on
a segment of a light or rapid rail system which is included on the
National Register of Historic Places, if making such vehicle readily
accessible to and usable by individuals with disabilities would
significantly alter the historic character of such vehicle, the public
entity which operates such system only has to make (or to purchase or
lease a remanufactured vehicle with) those modifications which are
necessary to meet the requirements of section 12142(c)(1) of this title
and which do not significantly alter the historic character of such
vehicle.
(Pub. L. 101-336, title II, 228, July 26, 1990, 104 Stat. 344.)
The effective date of this section, referred to in subsec. (b)(1),
probably means the effective date of subsec. (b), which is effective on
date of enactment of Pub. L. 101-336, which was approved July 26, 1990.
The effective date of subsec. (a) is 18 months after July 26, 1990.
See section 231 of Pub. L. 101-336, set out as an Effective Date note
under section 12141 of this title.
Subsec. (a) of this section effective 18 months after July 26, 1990,
and subsec. (b) of this section effective July 26, 1990, see section
231 of Pub. L. 101-336, set out as a note under section 12141 of this
title.
42 USC -- 12149. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Not later than 1 year after July 26, 1990, the Secretary of
Transportation shall issue regulations, in an accessible format,
necessary for carrying out this subpart (other than section 12143 of
this title).
(b) Standards
The regulations issued under this section and section 12143 of this
title shall include standards applicable to facilities and vehicles
covered by this part. The standards shall be consistent with the
minimum guidelines and requirements issued by the Architectural and
Transportation Barriers Compliance Board in accordance with section
12204 of this title.
(Pub. L. 101-336, title II, 229, July 26, 1990, 104 Stat. 345.)
Section effective July 26, 1990, see section 231(b) of Pub. L.
101-336, set out as a note under section 12141 of this title.
42 USC -- 12150. Interim accessibility requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
If final regulations have not been issued pursuant to section 12149
of this title, for new construction or alterations for which a valid and
appropriate State or local building permit is obtained prior to the
issuance of final regulations under such section, and for which the
construction or alteration authorized by such permit begins within one
year of the receipt of such permit and is completed under the terms of
such permit, compliance with the Uniform Federal Accessibility Standards
in effect at the time the building permit is issued shall suffice to
satisfy the requirement that facilities be readily accessible to and
usable by persons with disabilities as required under sections 12146 and
12147 of this title, except that, if such final regulations have not
been issued one year after the Architectural and Transportation Barriers
Compliance Board has issued the supplemental minimum guidelines required
under section 12204(a) of this title, compliance with such supplemental
minimum guidelines shall be necessary to satisfy the requirement that
facilities be readily accessible to and usable by persons with
disabilities prior to issuance of the final regulations.
(Pub. L. 101-336, title II, 230, July 26, 1990, 104 Stat. 345.)
Section effective 18 months after July 26, 1990, see section 231(a)
of Pub. L. 101-336, set out as a note under section 12141 of this
title.
42 USC -- subpart ii -- public transportation by intercity and commuter
rail
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12161. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subpart:
(1) Commuter authority
The term ''commuter authority'' has the meaning given such term in
section 502(8) of title 45.
(2) Commuter rail transportation
The term ''commuter rail transportation'' has the meaning given the
term ''commuter service'' in section 502(9) of title 45.
(3) Intercity rail transportation
The term ''intercity rail transportation'' means transportation
provided by the National Railroad Passenger Corporation.
(4) Rail passenger car
The term ''rail passenger car'' means, with respect to intercity rail
transportation, single-level and bi-level coach cars, single-level and
bi-level dining cars, single-level and bi-level sleeping cars,
single-level and bi-level lounge cars, and food service cars.
(5) Responsible person
The term ''responsible person'' means --
(A) in the case of a station more than 50 percent of which is owned
by a public entity, such public entity;
(B) in the case of a station more than 50 percent of which is owned
by a private party, the persons providing intercity or commuter rail
transportation to such station, as allocated on an equitable basis by
regulation by the Secretary of Transportation; and
(C) in a case where no party owns more than 50 percent of a station,
the persons providing intercity or commuter rail transportation to such
station and the owners of the station, other than private party owners,
as allocated on an equitable basis by regulation by the Secretary of
Transportation.
(6) Station
The term ''station'' means the portion of a property located
appurtenant to a right-of-way on which intercity or commuter rail
transportation is operated, where such portion is used by the general
public and is related to the provision of such transportation, including
passenger platforms, designated waiting areas, ticketing areas,
restrooms, and, where a public entity providing rail transportation owns
the property, concession areas, to the extent that such public entity
exercises control over the selection, design, construction, or
alteration of the property, but such term does not include flag stops.
(Pub. L. 101-336, title II, 241, July 26, 1990, 104 Stat. 346.)
Section 246 of Pub. L. 101-336 provided that:
''(a) General Rule. -- Except as provided in subsection (b), this
part (part II ( 241-246) of subtitle B of title II of Pub. L. 101-336,
enacting this subpart) shall become effective 18 months after the date
of enactment of this Act (July 26, 1990).
''(b) Exception. -- Sections 242 and 244 (sections 12162 and 12164 of
this title) shall become effective on the date of enactment of this
Act.''
42 USC -- 12162. Intercity and commuter rail actions considered
discriminatory
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Intercity rail transportation
(1) One car per train rule
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person who provides
intercity rail transportation to fail to have at least one passenger car
per train that is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, in accordance
with regulations issued under section 12164 of this title, as soon as
practicable, but in no event later than 5 years after July 26, 1990.
(2) New intercity cars
(A) General rule
Except as otherwise provided in this subsection with respect to
individuals who use wheelchairs, it shall be considered discrimination
for purposes of section 12132 of this title and section 794 of title 29
for a person to purchase or lease any new rail passenger cars for use in
intercity rail transportation, and for which a solicitation is made
later than 30 days after July 26, 1990, unless all such rail cars are
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as prescribed by the
Secretary of Transportation in regulations issued under section 12164 of
this title.
(B) Special rule for single-level passenger coaches for individuals
who use wheelchairs
Single-level passenger coaches shall be required to --
(i) be able to be entered by an individual who uses a wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair can transfer,
and a space to fold and store such passenger's wheelchair; and
(iv) have a restroom usable by an individual who uses a wheelchair,
only to the extent provided in paragraph (3).
(C) Special rule for single-level dining cars for individuals who use
wheelchairs
Single-level dining cars shall not be required to --
(i) be able to be entered from the station platform by an individual
who uses a wheelchair; or
(ii) have a restroom usable by an individual who uses a wheelchair if
no restroom is provided in such car for any passenger.
(D) Special rule for bi-level dining cars for individuals who use
wheelchairs
Bi-level dining cars shall not be required to --
(i) be able to be entered by an individual who uses a wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair can transfer,
or a space to fold and store such passenger's wheelchair; or
(iv) have a restroom usable by an individual who uses a wheelchair.
(3) Accessibility of single-level coaches
(A) General rule
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person who provides
intercity rail transportation to fail to have on each train which
includes one or more single-level rail passenger coaches --
(i) a number of spaces --
(I) to park and secure wheelchairs (to accommodate individuals who
wish to remain in their wheelchairs) equal to not less than one-half of
the number of single-level rail passenger coaches in such train; and
(II) to fold and store wheelchairs (to accommodate individuals who
wish to transfer to coach seats) equal to not less than one-half of the
number of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 5 years after
July 26, 1990; and
(ii) a number of spaces --
(I) to park and secure wheelchairs (to accommodate individuals who
wish to remain in their wheelchairs) equal to not less than the total
number of single-level rail passenger coaches in such train; and
(II) to fold and store wheelchairs (to accommodate individuals who
wish to transfer to coach seats) equal to not less than the total number
of single-level rail passenger coaches in such train,
as soon as practicable, but in no event later than 10 years after
July 26, 1990.
(B) Location
Spaces required by subparagraph (A) shall be located in single-level
rail passenger coaches or food service cars.
(C) Limitation
Of the number of spaces required on a train by subparagraph (A), not
more than two spaces to park and secure wheelchairs nor more than two
spaces to fold and store wheelchairs shall be located in any one coach
or food service car.
(D) Other accessibility features
Single-level rail passenger coaches and food service cars on which
the spaces required by subparagraph (A) are located shall have a
restroom usable by an individual who uses a wheelchair and shall be able
to be entered from the station platform by an individual who uses a
wheelchair.
(4) Food service
(A) Single-level dining cars
On any train in which a single-level dining car is used to provide
food service --
(i) if such single-level dining car was purchased after July 26,
1990, table service in such car shall be provided to a passenger who
uses a wheelchair if --
(I) the car adjacent to the end of the dining car through which a
wheelchair may enter is itself accessible to a wheelchair;
(II) such passenger can exit to the platform from the car such
passenger occupies, move down the platform, and enter the adjacent
accessible car described in subclause (I) without the necessity of the
train being moved within the station; and
(III) space to park and secure a wheelchair is available in the
dining car at the time such passenger wishes to eat (if such passenger
wishes to remain in a wheelchair), or space to store and fold a
wheelchair is available in the dining car at the time such passenger
wishes to eat (if such passenger wishes to transfer to a dining car
seat); and
(ii) appropriate auxiliary aids and services, including a hard
surface on which to eat, shall be provided to ensure that other
equivalent food service is available to individuals with disabilities,
including individuals who use wheelchairs, and to passengers traveling
with such individuals.
Unless not practicable, a person providing intercity rail
transportation shall place an accessible car adjacent to the end of a
dining car described in clause (i) through which an individual who uses
a wheelchair may enter.
(B) Bi-level dining cars
On any train in which a bi-level dining car is used to provide food
service --
(i) if such train includes a bi-level lounge car purchased after July
26, 1990, table service in such lounge car shall be provided to
individuals who use wheelchairs and to other passengers; and
(ii) appropriate auxiliary aids and services, including a hard
surface on which to eat, shall be provided to ensure that other
equivalent food service is available to individuals with disabilities,
including individuals who use wheelchairs, and to passengers traveling
with such individuals.
(b) Commuter rail transportation
(1) One car per train rule
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person who provides
commuter rail transportation to fail to have at least one passenger car
per train that is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, in accordance
with regulations issued under section 12164 of this title, as soon as
practicable, but in no event later than 5 years after July 26, 1990.
(2) New commuter rail cars
(A) General rule
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person to purchase or
lease any new rail passenger cars for use in commuter rail
transportation, and for which a solicitation is made later than 30 days
after July 26, 1990, unless all such rail cars are readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 12164 of this title.
(B) Accessibility
For purposes of section 12132 of this title and section 794 of title
29, a requirement that a rail passenger car used in commuter rail
transportation be accessible to or readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, shall not be construed to require --
(i) a restroom usable by an individual who uses a wheelchair if no
restroom is provided in such car for any passenger;
(ii) space to fold and store a wheelchair; or
(iii) a seat to which a passenger who uses a wheelchair can transfer.
(c) Used rail cars
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person to purchase or
lease a used rail passenger car for use in intercity or commuter rail
transportation, unless such person makes demonstrated good faith efforts
to purchase or lease a used rail car that is readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 12164 of this title.
(d) Remanufactured rail cars
(1) Remanufacturing
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person to remanufacture
a rail passenger car for use in intercity or commuter rail
transportation so as to extend its usable life for 10 years or more,
unless the rail car, to the maximum extent feasible, is made readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, as prescribed by the Secretary of
Transportation in regulations issued under section 12164 of this title.
(2) Purchase or lease
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person to purchase or
lease a remanufactured rail passenger car for use in intercity or
commuter rail transportation unless such car was remanufactured in
accordance with paragraph (1).
(e) Stations
(1) New stations
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a person to build a new
station for use in intercity or commuter rail transportation that is not
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as prescribed by the
Secretary of Transportation in regulations issued under section 12164 of
this title.
(2) Existing stations
(A) Failure to make readily accessible
(i) General rule
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for a responsible person to
fail to make existing stations in the intercity rail transportation
system, and existing key stations in commuter rail transportation
systems, readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as prescribed
by the Secretary of Transportation in regulations issued under section
12164 of this title.
(ii) Period for compliance
All stations in the intercity rail transportation system shall be
made readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as soon as practicable, but
in no event later than 20 years after July 26, 1990.
Key stations in commuter rail transportation systems shall be made
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as soon as practicable but in
no event later than 3 years after July 26, 1990, except that the time
limit may be extended by the Secretary of Transportation up to 20 years
after July 26, 1990, in a case where the raising of the entire passenger
platform is the only means available of attaining accessibility or where
other extraordinarily expensive structural changes are necessary to
attain accessibility.
(iii) Designation of key stations
Each commuter authority shall designate the key stations in its
commuter rail transportation system, in consultation with individuals
with disabilities and organizations representing such individuals,
taking into consideration such factors as high ridership and whether
such station serves as a transfer or feeder station. Before the final
designation of key stations under this clause, a commuter authority
shall hold a public hearing.
(iv) Plans and milestones
The Secretary of Transportation shall require the appropriate person
to develop a plan for carrying out this subparagraph that reflects
consultation with individuals with disabilities affected by such plan
and that establishes milestones for achievement of the requirements of
this subparagraph.
(B) Requirement when making alterations
(i) General rule
It shall be considered discrimination, for purposes of section 12132
of this title and section 794 of title 29, with respect to alterations
of an existing station or part thereof in the intercity or commuter rail
transportation systems that affect or could affect the usability of the
station or part thereof, for the responsible person, owner, or person in
control of the station to fail to make the alterations in such a manner
that, to the maximum extent feasible, the altered portions of the
station are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon completion
of such alterations.
(ii) Alterations to a primary function area
It shall be considered discrimination, for purposes of section 12132
of this title and section 794 of title 29, with respect to alterations
that affect or could affect the usability of or access to an area of the
station containing a primary function, for the responsible person,
owner, or person in control of the station to fail to make the
alterations in such a manner that, to the maximum extent feasible, the
path of travel to the altered area, and the bathrooms, telephones, and
drinking fountains serving the altered area, are readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs, upon completion of such alterations, where such
alterations to the path of travel or the bathrooms, telephones, and
drinking fountains serving the altered area are not disproportionate to
the overall alterations in terms of cost and scope (as determined under
criteria established by the Attorney General).
(C) Required cooperation
It shall be considered discrimination for purposes of section 12132
of this title and section 794 of title 29 for an owner, or person in
control, of a station governed by subparagraph (A) or (B) to fail to
provide reasonable cooperation to a responsible person with respect to
such station in that responsible person's efforts to comply with such
subparagraph. An owner, or person in control, of a station shall be
liable to a responsible person for any failure to provide reasonable
cooperation as required by this subparagraph. Failure to receive
reasonable cooperation required by this subparagraph shall not be a
defense to a claim of discrimination under this chapter.
(Pub. L. 101-336, title II, 242, July 26, 1990, 104 Stat. 347.)
Section effective July 26, 1990, see section 246(b) of Pub. L.
101-336, set out as a note under section 12161 of this title.
42 USC -- 12163. Conformance of accessibility standards
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Accessibility standards included in regulations issued under this
subpart shall be consistent with the minimum guidelines issued by the
Architectural and Transportation Barriers Compliance Board under section
12204(a) of this title.
(Pub. L. 101-336, title II, 243, July 26, 1990, 104 Stat. 352.)
Section effective 18 months after July 26, 1990, see section 246(a)
of Pub. L. 101-336, set out as a note under section 12161 of this
title.
42 USC -- 12164. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than 1 year after July 26, 1990, the Secretary of
Transportation shall issue regulations, in an accessible format,
necessary for carrying out this subpart.
(Pub. L. 101-336, title II, 244, July 26, 1990, 104 Stat. 352.)
Section effective July 26, 1990, see section 246(b) of Pub. L.
101-336, set out as a note under section 12161 of this title.
42 USC -- 12165. Interim accessibility requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Stations
If final regulations have not been issued pursuant to section 12164
of this title, for new construction or alterations for which a valid and
appropriate State or local building permit is obtained prior to the
issuance of final regulations under such section, and for which the
construction or alteration authorized by such permit begins within one
year of the receipt of such permit and is completed under the terms of
such permit, compliance with the Uniform Federal Accessibility Standards
in effect at the time the building permit is issued shall suffice to
satisfy the requirement that stations be readily accessible to and
usable by persons with disabilities as required under section 12162(e)
of this title, except that, if such final regulations have not been
issued one year after the Architectural and Transportation Barriers
Compliance Board has issued the supplemental minimum guidelines required
under section 12204(a) of this title, compliance with such supplemental
minimum guidelines shall be necessary to satisfy the requirement that
stations be readily accessible to and usable by persons with
disabilities prior to issuance of the final regulations.
(b) Rail passenger cars
If final regulations have not been issued pursuant to section 12164
of this title, a person shall be considered to have complied with the
requirements of section 12162(a) through (d) of this title that a rail
passenger car be readily accessible to and usable by individuals with
disabilities, if the design for such car complies with the laws and
regulations (including the Minimum Guidelines and Requirements for
Accessible Design and such supplemental minimum guidelines as are issued
under section 12204(a) of this title) governing accessibility of such
cars, to the extent that such laws and regulations are not inconsistent
with this subpart and are in effect at the time such design is
substantially completed.
(Pub. L. 101-336, title II, 245, July 26, 1990, 104 Stat. 352.)
Section effective 18 months after July 26, 1990, see section 246(a)
of Pub. L. 101-336, set out as a note under section 12161 of this
title.
42 USC -- SUBCHAPTER III -- PUBLIC ACCOMMODATIONS AND SERVICES OPERATED
BY PRIVATE ENTITIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12181. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subchapter:
(1) Commerce
The term ''commerce'' means travel, trade, traffic, commerce,
transportation, or communication --
(A) among the several States;
(B) between any foreign country or any territory or possession and
any State; or
(C) between points in the same State but through another State or
foreign country.
(2) Commercial facilities
The term ''commercial facilities'' means facilities --
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad freight
cars, railroad cabooses, railroad cars described in section 12162 of
this title or covered under this subchapter, railroad rights-of-way, or
facilities that are covered or expressly exempted from coverage under
the Fair Housing Act of 1968 /1/ (42 U.S.C. 3601 et seq.).
(3) Demand responsive system
The term ''demand responsive system'' means any system of providing
transportation of individuals by a vehicle, other than a system which is
a fixed route system.
(4) Fixed route system
The term ''fixed route system'' means a system of providing
transportation of individuals (other than by aircraft) on which a
vehicle is operated along a prescribed route according to a fixed
schedule.
(5) Over-the-road bus
The term ''over-the-road bus'' means a bus characterized by an
elevated passenger deck located over a baggage compartment.
(6) Private entity
The term ''private entity'' means any entity other than a public
entity (as defined in section 12131(1) of this title).
(7) Public accommodation
The following private entities are considered public accommodations
for purposes of this subchapter, if the operations of such entities
affect commerce --
(A) an inn, hotel, motel, or other place of lodging, except for an
establishment located within a building that contains not more than five
rooms for rent or hire and that is actually occupied by the proprietor
of such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or drink;
(C) a motion picture house, theater, concert hall, stadium, or other
place of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place of
public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping
center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel
service, shoe repair service, funeral parlor, gas station, office of an
accountant or lawyer, pharmacy, insurance office, professional office of
a health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public
transportation;
(H) a museum, library, gallery, or other place of public display or
collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate
private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter, food
bank, adoption agency, or other social service center establishment;
and
(L) a gymnasium, health spa, bowling alley, golf course, or other
place of exercise or recreation.
(8) Rail and railroad
The terms ''rail'' and ''railroad'' have the meaning given the term
''railroad'' in section 431(e) of title 45.
(9) Readily achievable
The term ''readily achievable'' means easily accomplishable and able
to be carried out without much difficulty or expense. In determining
whether an action is readily achievable, factors to be considered
include --
(A) the nature and cost of the action needed under this chapter;
(B) the overall financial resources of the facility or facilities
involved in the action; the number of persons employed at such
facility; the effect on expenses and resources, or the impact otherwise
of such action upon the operation of the facility;
(C) the overall financial resources of the covered entity; the
overall size of the business of a covered entity with respect to the
number of its employees; the number, type, and location of its
facilities; and
(D) the type of operation or operations of the covered entity,
including the composition, structure, and functions of the workforce of
such entity; the geographic separateness, administrative or fiscal
relationship of the facility or facilities in question to the covered
entity.
(10) Specified public transportation
The term ''specified public transportation'' means transportation by
bus, rail, or any other conveyance (other than by aircraft) that
provides the general public with general or special service (including
charter service) on a regular and continuing basis.
(11) Vehicle
The term ''vehicle'' does not include a rail passenger car, railroad
locomotive, railroad freight car, railroad caboose, or a railroad car
described in section 12162 of this title or covered under this
subchapter.
(Pub. L. 101-336, title III, 301, July 26, 1990, 104 Stat. 353.)
The Fair Housing Act of 1968, referred to in par. (2), probably
means the Fair Housing Act, title VIII of Pub. L. 90-284, Apr. 11,
1968, 82 Stat. 81, as amended, which is classified principally to
subchapter I of chapter 45 ( 3601 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 3601 of this title and Tables.
This chapter, referred to in par. (9)(A), was in the original ''this
Act'', meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 12101
of this title and Tables.
Section 310 of title III of Pub. L. 101-336 provided that:
''(a) General Rule. -- Except as provided in subsections (b) and (c),
this title (enacting this subchapter) shall become effective 18 months
after the date of the enactment of this Act (July 26, 1990).
''(b) Civil Actions. -- Except for any civil action brought for a
violation of section 303 (section 12183 of this title), no civil action
shall be brought for any act or omission described in section 302
(section 12182 of this title) which occurs --
''(1) during the first 6 months after the effective date, against
businesses that employ 25 or fewer employees and have gross receipts of
$1,000,000 or less; and
''(2) during the first year after the effective date, against
businesses that employ 10 or fewer employees and have gross receipts of
$500,000 or less.
''(c) Exception. -- Sections 302(a) (section 12182(a) of this title)
for purposes of section 302(b)(2)(B) and (C) only, 304(a) (section
12184(a) of this title) for purposes of section 304(b)(3) only,
304(b)(3), 305 (section 12185 of this title), and 306 (section 12186 of
this title) shall take effect on the date of the enactment of this Act
(July 26, 1990).''
/1/ See References in Text note below.
42 USC -- 12182. Prohibition of discrimination by public
accommodations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General rule
No individual shall be discriminated against on the basis of
disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of any place of
public accommodation by any person who owns, leases (or leases to), or
operates a place of public accommodation.
(b) Construction
(1) General prohibition
(A) Activities
(i) Denial of participation
It shall be discriminatory to subject an individual or class of
individuals on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing, or
other arrangements, to a denial of the opportunity of the individual or
class to participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of an entity.
(ii) Participation in unequal benefit
It shall be discriminatory to afford an individual or class of
individuals, on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing, or
other arrangements with the opportunity to participate in or benefit
from a good, service, facility, privilege, advantage, or accommodation
that is not equal to that afforded to other individuals.
(iii) Separate benefit
It shall be discriminatory to provide an individual or class of
individuals, on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing, or
other arrangements with a good, service, facility, privilege, advantage,
or accommodation that is different or separate from that provided to
other individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service, facility,
privilege, advantage, or accommodation, or other opportunity that is as
effective as that provided to others.
(iv) Individual or class of individuals
For purposes of clauses (i) through (iii) of this subparagraph, the
term ''individual or class of individuals'' refers to the clients or
customers of the covered public accommodation that enters into the
contractual, licensing or other arrangement.
(B) Integrated settings
Goods, services, facilities, privileges, advantages, and
accommodations shall be afforded to an individual with a disability in
the most integrated setting appropriate to the needs of the individual.
(C) Opportunity to participate
Notwithstanding the existence of separate or different programs or
activities provided in accordance with this section, an individual with
a disability shall not be denied the opportunity to participate in such
programs or activities that are not separate or different.
(D) Administrative methods
An individual or entity shall not, directly or through contractual or
other arrangements, utilize standards or criteria or methods of
administration --
(i) that have the effect of discriminating on the basis of
disability; or
(ii) that perpetuate the discrimination of others who are subject to
common administrative control.
(E) Association
It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, privileges, advantages, accommodations, or other
opportunities to an individual or entity because of the known disability
of an individual with whom the individual or entity is known to have a
relationship or association.
(2) Specific prohibitions
(A) Discrimination
For purposes of subsection (a) of this section, discrimination
includes --
(i) the imposition or application of eligibility criteria that screen
out or tend to screen out an individual with a disability or any class
of individuals with disabilities from fully and equally enjoying any
goods, services, facilities, privileges, advantages, or accommodations,
unless such criteria can be shown to be necessary for the provision of
the goods, services, facilities, privileges, advantages, or
accommodations being offered;
(ii) a failure to make reasonable modifications in policies,
practices, or procedures, when such modifications are necessary to
afford such goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modifications would fundamentally alter the
nature of such goods, services, facilities, privileges, advantages, or
accommodations;
(iii) a failure to take such steps as may be necessary to ensure that
no individual with a disability is excluded, denied services, segregated
or otherwise treated differently than other individuals because of the
absence of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would fundamentally alter the nature
of the good, service, facility, privilege, advantage, or accommodation
being offered or would result in an undue burden;
(iv) a failure to remove architectural barriers, and communication
barriers that are structural in nature, in existing facilities, and
transportation barriers in existing vehicles and rail passenger cars
used by an establishment for transporting individuals (not including
barriers that can only be removed through the retrofitting of vehicles
or rail passenger cars by the installation of a hydraulic or other
lift), where such removal is readily achievable; and
(v) where an entity can demonstrate that the removal of a barrier
under clause (iv) is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or accommodations
available through alternative methods if such methods are readily
achievable.
(B) Fixed route system
(i) Accessibility
It shall be considered discrimination for a private entity which
operates a fixed route system and which is not subject to section 12184
of this title to purchase or lease a vehicle with a seating capacity in
excess of 16 passengers (including the driver) for use on such system,
for which a solicitation is made after the 30th day following the
effective date of this subparagraph, that is not readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs.
(ii) Equivalent service
If a private entity which operates a fixed route system and which is
not subject to section 12184 of this title purchases or leases a vehicle
with a seating capacity of 16 passengers or less (including the driver)
for use on such system after the effective date of this subparagraph
that is not readily accessible to or usable by individuals with
disabilities, it shall be considered discrimination for such entity to
fail to operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with disabilities,
including individuals who use wheelchairs, equivalent to the level of
service provided to individuals without disabilities.
(C) Demand responsive system
For purposes of subsection (a) of this section, discrimination
includes --
(i) a failure of a private entity which operates a demand responsive
system and which is not subject to section 12184 of this title to
operate such system so that, when viewed in its entirety, such system
ensures a level of service to individuals with disabilities, including
individuals who use wheelchairs, equivalent to the level of service
provided to individuals without disabilities; and
(ii) the purchase or lease by such entity for use on such system of a
vehicle with a seating capacity in excess of 16 passengers (including
the driver), for which solicitations are made after the 30th day
following the effective date of this subparagraph, that is not readily
accessible to and usable by individuals with disabilities (including
individuals who use wheelchairs) unless such entity can demonstrate that
such system, when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to individuals
without disabilities.
(D) Over-the-road buses
(i) Limitation on applicability
Subparagraphs (B) and (C) do not apply to over-the-road buses.
(ii) Accessibility requirements
For purposes of subsection (a) of this section, discrimination
includes (I) the purchase or lease of an over-the-road bus which does
not comply with the regulations issued under section 12186(a)(2) of this
title by a private entity which provides transportation of individuals
and which is not primarily engaged in the business of transporting
people, and (II) any other failure of such entity to comply with such
regulations.
(3) Specific construction
Nothing in this subchapter shall require an entity to permit an
individual to participate in or benefit from the goods, services,
facilities, privileges, advantages and accommodations of such entity
where such individual poses a direct threat to the health or safety of
others. The term ''direct threat'' means a significant risk to the
health or safety of others that cannot be eliminated by a modification
of policies, practices, or procedures or by the provision of auxiliary
aids or services.
(Pub. L. 101-336, title III, 302, July 26, 1990, 104 Stat. 355.)
For the effective date of this subparagraph, referred to in subsec.
(b)(2)(B), (C)(ii), see section 310 of Pub. L. 101-336, set out as an
Effective Date note under section 12181 of this title.
Section effective 18 months after July 26, 1990, but with subsec.
(a) of this section (for purposes of subsec. (b)(2)(B), (C) only)
effective July 26, 1990, and with certain qualifications with respect to
bringing of civil actions, see section 310 of Pub. L. 101-336, set out
as a note under section 12181 of this title.
42 USC -- 12183. New construction and alterations in public
accommodations and commercial facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Application of term
Except as provided in subsection (b) of this section, as applied to
public accommodations and commercial facilities, discrimination for
purposes of section 12182(a) of this title includes --
(1) a failure to design and construct facilities for first occupancy
later than 30 months after July 26, 1990, that are readily accessible to
and usable by individuals with disabilities, except where an entity can
demonstrate that it is structurally impracticable to meet the
requirements of such subsection in accordance with standards set forth
or incorporated by reference in regulations issued under this
subchapter; and
(2) with respect to a facility or part thereof that is altered by, on
behalf of, or for the use of an establishment in a manner that affects
or could affect the usability of the facility or part thereof, a failure
to make alterations in such a manner that, to the maximum extent
feasible, the altered portions of the facility are readily accessible to
and usable by individuals with disabilities, including individuals who
use wheelchairs. Where the entity is undertaking an alteration that
affects or could affect usability of or access to an area of the
facility containing a primary function, the entity shall also make the
alterations in such a manner that, to the maximum extent feasible, the
path of travel to the altered area and the bathrooms, telephones, and
drinking fountains serving the altered area, are readily accessible to
and usable by individuals with disabilities where such alterations to
the path of travel or the bathrooms, telephones, and drinking fountains
serving the altered area are not disproportionate to the overall
alterations in terms of cost and scope (as determined under criteria
established by the Attorney General).
(b) Elevator
Subsection (a) of this section shall not be construed to require the
installation of an elevator for facilities that are less than three
stories or have less than 3,000 square feet per story unless the
building is a shopping center, a shopping mall, or the professional
office of a health care provider or unless the Attorney General
determines that a particular category of such facilities requires the
installation of elevators based on the usage of such facilities.
(Pub. L. 101-336, title III, 303, July 26, 1990, 104 Stat. 358.)
Section effective 18 months after July 26, 1990, see section 310(a),
(b) of Pub. L. 101-336, set out as a note under section 12181 of this
title.
42 USC -- 12184. Prohibition of discrimination in specified public
transportation services provided by private entities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General rule
No individual shall be discriminated against on the basis of
disability in the full and equal enjoyment of specified public
transportation services provided by a private entity that is primarily
engaged in the business of transporting people and whose operations
affect commerce.
(b) Construction
For purposes of subsection (a) of this section, discrimination
includes --
(1) the imposition or application by a /1/ entity described in
subsection (a) of this section of eligibility criteria that screen out
or tend to screen out an individual with a disability or any class of
individuals with disabilities from fully enjoying the specified public
transportation services provided by the entity, unless such criteria can
be shown to be necessary for the provision of the services being
offered;
(2) the failure of such entity to --
(A) make reasonable modifications consistent with those required
under section 12182(b)(2)(A)(ii) of this title;
(B) provide auxiliary aids and services consistent with the
requirements of section 12182(b)(2)(A)(iii) of this title; and
(C) remove barriers consistent with the requirements of section
12182(b)(2)(A) of this title and with the requirements of section
12183(a)(2) of this title;
(3) the purchase or lease by such entity of a new vehicle (other than
an automobile, a van with a seating capacity of less than 8 passengers,
including the driver, or an over-the-road bus) which is to be used to
provide specified public transportation and for which a solicitation is
made after the 30th day following the effective date of this section,
that is not readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs; except that
the new vehicle need not be readily accessible to and usable by such
individuals if the new vehicle is to be used solely in a demand
responsive system and if the entity can demonstrate that such system,
when viewed in its entirety, provides a level of service to such
individuals equivalent to the level of service provided to the general
public;
(4)(A) the purchase or lease by such entity of an over-the-road bus
which does not comply with the regulations issued under section
12186(a)(2) of this title; and
(B) any other failure of such entity to comply with such regulations;
and
(5) the purchase or lease by such entity of a new van with a seating
capacity of less than 8 passengers, including the driver, which is to be
used to provide specified public transportation and for which a
solicitation is made after the 30th day following the effective date of
this section that is not readily accessible to or usable by individuals
with disabilities, including individuals who use wheelchairs; except
that the new van need not be readily accessible to and usable by such
individuals if the entity can demonstrate that the system for which the
van is being purchased or leased, when viewed in its entirety, provides
a level of service to such individuals equivalent to the level of
service provided to the general public;
(6) the purchase or lease by such entity of a new rail passenger car
that is to be used to provide specified public transportation, and for
which a solicitation is made later than 30 days after the effective date
of this paragraph, that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs; and
(7) the remanufacture by such entity of a rail passenger car that is
to be used to provide specified public transportation so as to extend
its usable life for 10 years or more, or the purchase or lease by such
entity of such a rail car, unless the rail car, to the maximum extent
feasible, is made readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(c) Historical or antiquated cars
(1) Exception
To the extent that compliance with subsection (b)(2)(C) or (b)(7) of
this section would significantly alter the historic or antiquated
character of a historical or antiquated rail passenger car, or a rail
station served exclusively by such cars, or would result in violation of
any rule, regulation, standard, or order issued by the Secretary of
Transportation under the Federal Railroad Safety Act of 1970 (45 U.S.C.
431 et seq.), such compliance shall not be required.
(2) Definition
As used in this subsection, the term ''historical or antiquated rail
passenger car'' means a rail passenger car --
(A) which is not less than 30 years old at the time of its use for
transporting individuals;
(B) the manufacturer of which is no longer in the business of
manufacturing rail passenger cars; and
(C) which --
(i) has a consequential association with events or persons
significant to the past; or
(ii) embodies, or is being restored to embody, the distinctive
characteristics of a type of rail passenger car used in the past, or to
represent a time period which has passed.
(Pub. L. 101-336, title III, 304, July 26, 1990, 104 Stat. 359.)
For the effective date of this section, referred to in subsec.
(b)(3), (5), see section 310 of Pub. L. 101-336, set out as an
Effective Date note under section 12181 of this title.
The effective date of this paragraph, referred to in subsec. (b)(6),
is 18 months after July 26, 1990, see section 310(a) of Pub. L.
101-336, set out as an Effective Date note under section 12181 of this
title.
The Federal Railroad Safety Act of 1970, referred to in subsec.
(c)(1), is title II of Pub. L. 91-458, Oct. 16, 1970, 84 Stat. 971,
as amended, which is classified generally to subchapter II ( 431 et
seq.) of chapter 13 of Title 45, Railroads. For complete classification
of this Act to the Code, see Short Title note set out under section 421
of Title 45 and Tables.
Section effective 18 months after July 26, 1990, but with subsec.
(a) of this section (for purposes of subsec. (b)(3) only) and subsec.
(b)(3) of this section effective July 26, 1990, see section 310(a), (c)
of Pub. L. 101-336, set out as a note under section 12181 of this
title.
/1/ So in original. Probably should be ''an''.
42 USC -- 12185. Study
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Purposes
The Office of Technology Assessment shall undertake a study to
determine --
(1) the access needs of individuals with disabilities to
over-the-road buses and over-the-road bus service; and
(2) the most cost-effective methods for providing access to
over-the-road buses and over-the-road bus service to individuals with
disabilities, particularly individuals who use wheelchairs, through all
forms of boarding options.
(b) Contents
The study shall include, at a minimum, an analysis of the following:
(1) The anticipated demand by individuals with disabilities for
accessible over-the-road buses and over-the-road bus service.
(2) The degree to which such buses and service, including any service
required under sections 12184(b)(4) and 12186(a)(2) of this title, are
readily accessible to and usable by individuals with disabilities.
(3) The effectiveness of various methods of providing accessibility
to such buses and service to individuals with disabilities.
(4) The cost of providing accessible over-the-road buses and bus
service to individuals with disabilities, including consideration of
recent technological and cost saving developments in equipment and
devices.
(5) Possible design changes in over-the-road buses that could enhance
accessibility, including the installation of accessible restrooms which
do not result in a loss of seating capacity.
(6) The impact of accessibility requirements on the continuation of
over-the-road bus service, with particular consideration of the impact
of such requirements on such service to rural communities.
(c) Advisory committee
In conducting the study required by subsection (a) of this section,
the Office of Technology Assessment shall establish an advisory
committee, which shall consist of --
(1) members selected from among private operators and manufacturers
of over-the-road buses;
(2) members selected from among individuals with disabilities,
particularly individuals who use wheelchairs, who are potential riders
of such buses; and
(3) members selected for their technical expertise on issues included
in the study, including manufacturers of boarding assistance equipment
and devices.
The number of members selected under each of paragraphs (1) and (2)
shall be equal, and the total number of members selected under
paragraphs (1) and (2) shall exceed the number of members selected under
paragraph (3).
(d) Deadline
The study required by subsection (a) of this section, along with
recommendations by the Office of Technology Assessment, including any
policy options for legislative action, shall be submitted to the
President and Congress within 36 months after July 26, 1990. If the
President determines that compliance with the regulations issued
pursuant to section 12186(a)(2)(B) of this title on or before the
applicable deadlines specified in section 12186(a)(2)(B) of this title
will result in a significant reduction in intercity over-the-road bus
service, the President shall extend each such deadline by 1 year.
(e) Review
In developing the study required by subsection (a) of this section,
the Office of Technology Assessment shall provide a preliminary draft of
such study to the Architectural and Transportation Barriers Compliance
Board established under section 792 of title 29. The Board shall have
an opportunity to comment on such draft study, and any such comments by
the Board made in writing within 120 days after the Board's receipt of
the draft study shall be incorporated as part of the final study
required to be submitted under subsection (d) of this section.
(Pub. L. 101-336, title III, 305, July 26, 1990, 104 Stat. 360.)
Section effective July 26, 1990, see section 310(c) of Pub. L.
101-336, set out as a note under section 12181 of this title.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by Congress, its
duration is otherwise provided for by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
42 USC -- 12186. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Transportation provisions
(1) General rule
Not later than 1 year after July 26, 1990, the Secretary of
Transportation shall issue regulations in an accessible format to carry
out sections /1/ 12182(b)(2)(B) and (C) of this title and to carry out
section 12184 of this title (other than subsection (b)(4)).
(2) Special rules for providing access to over-the-road buses
(A) Interim requirements
(i) Issuance
Not later than 1 year after July 26, 1990, the Secretary of
Transportation shall issue regulations in an accessible format to carry
out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that
require each private entity which uses an over-the-road bus to provide
transportation of individuals to provide accessibility to such bus;
except that such regulations shall not require any structural changes in
over-the-road buses in order to provide access to individuals who use
wheelchairs during the effective period of such regulations and shall
not require the purchase of boarding assistance devices to provide
access to such individuals.
(ii) Effective period
The regulations issued pursuant to this subparagraph shall be
effective until the effective date of the regulations issued under
subparagraph (B).
(B) Final requirement
(i) Review of study and interim requirements
The Secretary shall review the study submitted under section 12185 of
this title and the regulations issued pursuant to subparagraph (A).
(ii) Issuance
Not later than 1 year after the date of the submission of the study
under section 12185 of this title, the Secretary shall issue in an
accessible format new regulations to carry out sections 12184(b)(4) and
12182(b)(2)(D)(ii) of this title that require, taking into account the
purposes of the study under section 12185 of this title and any
recommendations resulting from such study, each private entity which
uses an over-the-road bus to provide transportation to individuals to
provide accessibility to such bus to individuals with disabilities,
including individuals who use wheelchairs.
(iii) Effective period
Subject to section 12185(d) of this title, the regulations issued
pursuant to this subparagraph shall take effect --
(I) with respect to small providers of transportation (as defined by
the Secretary), 7 years after July 26, 1990; and
(II) with respect to other providers of transportation, 6 years after
July 26, 1990.
(C) Limitation on requiring installation of accessible restrooms
The regulations issued pursuant to this paragraph shall not require
the installation of accessible restrooms in over-the-road buses if such
installation would result in a loss of seating capacity.
(3) Standards
The regulations issued pursuant to this subsection shall include
standards applicable to facilities and vehicles covered by sections
12182(b)(2) and 12184 of this title.
(b) Other provisions
Not later than 1 year after July 26, 1990, the Attorney General shall
issue regulations in an accessible format to carry out the provisions of
this subchapter not referred to in subsection (a) of this section that
include standards applicable to facilities and vehicles covered under
section 12182 of this title.
(c) Consistency with ATBCB guidelines
Standards included in regulations issued under subsections (a) and
(b) of this section shall be consistent with the minimum guidelines and
requirements issued by the Architectural and Transportation Barriers
Compliance Board in accordance with section 12204 of this title.
(d) Interim accessibility standards
(1) Facilities
If final regulations have not been issued pursuant to this section,
for new construction or alterations for which a valid and appropriate
State or local building permit is obtained prior to the issuance of
final regulations under this section, and for which the construction or
alteration authorized by such permit begins within one year of the
receipt of such permit and is completed under the terms of such permit,
compliance with the Uniform Federal Accessibility Standards in effect at
the time the building permit is issued shall suffice to satisfy the
requirement that facilities be readily accessible to and usable by
persons with disabilities as required under section 12183 of this title,
except that, if such final regulations have not been issued one year
after the Architectural and Transportation Barriers Compliance Board has
issued the supplemental minimum guidelines required under section
12204(a) of this title, compliance with such supplemental minimum
guidelines shall be necessary to satisfy the requirement that facilities
be readily accessible to and usable by persons with disabilities prior
to issuance of the final regulations.
(2) Vehicles and rail passenger cars
If final regulations have not been issued pursuant to this section, a
private entity shall be considered to have complied with the
requirements of this subchapter, if any, that a vehicle or rail
passenger car be readily accessible to and usable by individuals with
disabilities, if the design for such vehicle or car complies with the
laws and regulations (including the Minimum Guidelines and Requirements
for Accessible Design and such supplemental minimum guidelines as are
issued under section 12204(a) of this title) governing accessibility of
such vehicles or cars, to the extent that such laws and regulations are
not inconsistent with this subchapter and are in effect at the time such
design is substantially completed.
(Pub. L. 101-336, title III, 306, July 26, 1990, 104 Stat. 361.)
Section effective July 26, 1990, see section 310(c) of Pub. L.
101-336, set out as a note under section 12181 of this title.
/1/ So in original. Probably should be ''section''.
42 USC -- 12187. Exemptions for private clubs and religious
organizations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The provisions of this subchapter shall not apply to private clubs or
establishments exempted from coverage under title II of the Civil Rights
Act of 1964 (42 U.S.C. 2000-a(e)) (42 U.S.C. 2000a et seq.) or to
religious organizations or entities controlled by religious
organizations, including places of worship.
(Pub. L. 101-336, title III, 307, July 26, 1990, 104 Stat. 363.)
The Civil Rights Act of 1964, referred to in text, is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended. Title II of the Act is
classified generally to subchapter II ( 2000a et seq.) of chapter 21 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title and Tables.
Section effective 18 months after July 26, 1990, see section 310(a)
of Pub. L. 101-336, set out as a note under section 12181 of this
title.
42 USC -- 12188. Enforcement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) Availability of remedies and procedures
The remedies and procedures set forth in section 2000a-3(a) of this
title are the remedies and procedures this subchapter provides to any
person who is being subjected to discrimination on the basis of
disability in violation of this subchapter or who has reasonable grounds
for believing that such person is about to be subjected to
discrimination in violation of section 12183 of this title. Nothing in
this section shall require a person with a disability to engage in a
futile gesture if such person has actual notice that a person or
organization covered by this subchapter does not intend to comply with
its provisions.
(2) Injunctive relief
In the case of violations of sections 12182(b)(2)(A)(iv) and section
/1/ 12183(a) of this title, injunctive relief shall include an order to
alter facilities to make such facilities readily accessible to and
usable by individuals with disabilities to the extent required by this
subchapter. Where appropriate, injunctive relief shall also include
requiring the provision of an auxiliary aid or service, modification of
a policy, or provision of alternative methods, to the extent required by
this subchapter.
(b) Enforcement by Attorney General
(1) Denial of rights
(A) Duty to investigate
(i) In general
The Attorney General shall investigate alleged violations of this
subchapter, and shall undertake periodic reviews of compliance of
covered entities under this subchapter.
(ii) Attorney General certification
On the application of a State or local government, the Attorney
General may, in consultation with the Architectural and Transportation
Barriers Compliance Board, and after prior notice and a public hearing
at which persons, including individuals with disabilities, are provided
an opportunity to testify against such certification, certify that a
State law or local building code or similar ordinance that establishes
accessibility requirements meets or exceeds the minimum requirements of
this chapter for the accessibility and usability of covered facilities
under this subchapter. At any enforcement proceeding under this
section, such certification by the Attorney General shall be rebuttable
evidence that such State law or local ordinance does meet or exceed the
minimum requirements of this chapter.
(B) Potential violation
If the Attorney General has reasonable cause to believe that --
(i) any person or group of persons is engaged in a pattern or
practice of discrimination under this subchapter; or
(ii) any person or group of persons has been discriminated against
under this subchapter and such discrimination raises an issue of general
public importance,
the Attorney General may commence a civil action in any appropriate
United States district court.
(2) Authority of court
In a civil action under paragraph (1)(B), the court --
(A) may grant any equitable relief that such court considers to be
appropriate, including, to the extent required by this subchapter --
(i) granting temporary, preliminary, or permanent relief;
(ii) providing an auxiliary aid or service, modification of policy,
practice, or procedure, or alternative method; and
(iii) making facilities readily accessible to and usable by
individuals with disabilities;
(B) may award such other relief as the court considers to be
appropriate, including monetary damages to persons aggrieved when
requested by the Attorney General; and
(C) may, to vindicate the public interest, assess a civil penalty
against the entity in an amount --
(i) not exceeding $50,000 for a first violation; and
(ii) not exceeding $100,000 for any subsequent violation.
(3) Single violation
For purposes of paragraph (2)(C), in determining whether a first or
subsequent violation has occurred, a determination in a single action,
by judgment or settlement, that the covered entity has engaged in more
than one discriminatory act shall be counted as a single violation.
(4) Punitive damages
For purposes of subsection (b)(2)(B) of this section, the term
''monetary damages'' and ''such other relief'' does not include punitive
damages.
(5) Judicial consideration
In a civil action under paragraph (1)(B), the court, when considering
what amount of civil penalty, if any, is appropriate, shall give
consideration to any good faith effort or attempt to comply with this
chapter by the entity. In evaluating good faith, the court shall
consider, among other factors it deems relevant, whether the entity
could have reasonably anticipated the need for an appropriate type of
auxiliary aid needed to accommodate the unique needs of a particular
individual with a disability.
(Pub. L. 101-336, title III, 308, July 26, 1990, 104 Stat. 363.)
Section effective 18 months after July 26, 1990, see section 310(a)
of Pub. L. 101-336, set out as a note under section 12181 of this
title.
For provisions directing that, except for any civil action brought
for a violation of section 12183 of this title, no civil action shall be
brought for any act or omission described in section 12182 of this title
which occurs (1) during the first six months after the effective date of
this subchapter, against businesses that employ 25 or fewer employees
and have gross receipts of $1,000,000 or less, and (2) during the first
year after the effective date, against businesses that employ 10 or
fewer employees and have gross receipts of $500,000 or less, see section
310(b) of Pub. L. 101-336, set out as an Effective Date note under
section 12181 of this title.
/1/ So in original. The word ''section'' probably should not appear.
42 USC -- 12189. Examinations and courses
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Any person that offers examinations or courses related to
applications, licensing, certification, or credentialing for secondary
or postsecondary education, professional, or trade purposes shall offer
such examinations or courses in a place and manner accessible to persons
with disabilities or offer alternative accessible arrangements for such
individuals.
(Pub. L. 101-336, title III, 309, July 26, 1990, 104 Stat. 365.)
Section effective 18 months after July 26, 1990, see section 310(a)
of Pub. L. 101-336, set out as a note under section 12181 of this
title.
42 USC -- SUBCHAPTER IV -- MISCELLANEOUS PROVISIONS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12201. Construction
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Except as otherwise provided in this chapter, nothing in this chapter
shall be construed to apply a lesser standard than the standards applied
under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.)
or the regulations issued by Federal agencies pursuant to such title.
(b) Relationship to other laws
Nothing in this chapter shall be construed to invalidate or limit the
remedies, rights, and procedures of any Federal law or law of any State
or political subdivision of any State or jurisdiction that provides
greater or equal protection for the rights of individuals with
disabilities than are afforded by this chapter. Nothing in this chapter
shall be construed to preclude the prohibition of, or the imposition of
restrictions on, smoking in places of employment covered by subchapter I
of this chapter, in transportation covered by subchapter II or III of
this chapter, or in places of public accommodation covered by subchapter
III of this chapter.
(c) Insurance
Subchapters I through III of this chapter and title IV of this Act
shall not be construed to prohibit or restrict --
(1) an insurer, hospital or medical service company, health
maintenance organization, or any agent, or entity that administers
benefit plans, or similar organizations from underwriting risks,
classifying risks, or administering such risks that are based on or not
inconsistent with State law; or
(2) a person or organization covered by this chapter from
establishing, sponsoring, observing or administering the terms of a bona
fide benefit plan that are based on underwriting risks, classifying
risks, or administering such risks that are based on or not inconsistent
with State law; or
(3) a person or organization covered by this chapter from
establishing, sponsoring, observing or administering the terms of a bona
fide benefit plan that is not subject to State laws that regulate
insurance.
Paragraphs (1), (2), and (3) shall not be used as a subterfuge to
evade the purposes of subchapter /1/ I and III of this chapter.
(d) Accommodations and services
Nothing in this chapter shall be construed to require an individual
with a disability to accept an accommodation, aid, service, opportunity,
or benefit which such individual chooses not to accept.
(Pub. L. 101-336, title V, 501, July 26, 1990, 104 Stat. 369.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 12101
of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of the
Rehabilitation Act of 1973 is classified generally to subchapter V ( 790
et seq.) of chapter 16 of Title 29, Labor. For complete classification
of this Act to the Code, see Short Title note set out under section 701
of Title 29 and Tables.
Title IV of this Act, referred to in subsec. (c), means title IV of
Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted section
225 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and
amended sections 152, 221, and 611 of Title 47.
/1/ So in original. Probably should be ''subchapters''.
42 USC -- 12202. State immunity
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A State shall not be immune under the eleventh amendment to the
Constitution of the United States from an action in /1/ Federal or State
court of competent jurisdiction for a violation of this chapter. In any
action against a State for a violation of the requirements of this
chapter, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in an action against any public or
private entity other than a State.
(Pub. L. 101-336, title V, 502, July 26, 1990, 104 Stat. 370.)
/1/ So in original. Probably should be ''in a''.
42 USC -- 12203. Prohibition against retaliation and coercion
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Retaliation
No person shall discriminate against any individual because such
individual has opposed any act or practice made unlawful by this chapter
or because such individual made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing
under this chapter.
(b) Interference, coercion, or intimidation
It shall be unlawful to coerce, intimidate, threaten, or interfere
with any individual in the exercise or enjoyment of, or on account of
his or her having exercised or enjoyed, or on account of his or her
having aided or encouraged any other individual in the exercise or
enjoyment of, any right granted or protected by this chapter.
(c) Remedies and procedures
The remedies and procedures available under sections 12117, 12133,
and 12188 of this title shall be available to aggrieved persons for
violations of subsections (a) and (b) of this section, with respect to
subchapter I, subchapter II and subchapter III of this chapter,
respectively.
(Pub. L. 101-336, title V, 503, July 26, 1990, 104 Stat. 370.)
42 USC -- 12204. Regulations by Architectural and Transportation
Barriers Compliance Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Issuance of guidelines
Not later than 9 months after July 26, 1990, the Architectural and
Transportation Barriers Compliance Board shall issue minimum guidelines
that shall supplement the existing Minimum Guidelines and Requirements
for Accessible Design for purposes of subchapters II and III of this
chapter.
(b) Contents of guidelines
The supplemental guidelines issued under subsection (a) of this
section shall establish additional requirements, consistent with this
chapter, to ensure that buildings, facilities, rail passenger cars, and
vehicles are accessible, in terms of architecture and design,
transportation, and communication, to individuals with disabilities.
(c) Qualified historic properties
(1) In general
The supplemental guidelines issued under subsection (a) of this
section shall include procedures and requirements for alterations that
will threaten or destroy the historic significance of qualified historic
buildings and facilities as defined in 4.1.7(1)(a) of the Uniform
Federal Accessibility Standards.
(2) Sites eligible for listing in National Register
With respect to alterations of buildings or facilities that are
eligible for listing in the National Register of Historic Places under
the National Historic Preservation Act (16 U.S.C. 470 et seq.), the
guidelines described in paragraph (1) shall, at a minimum, maintain the
procedures and requirements established in 4.1.7(1) and (2) of the
Uniform Federal Accessibility Standards.
(3) Other sites
With respect to alterations of buildings or facilities designated as
historic under State or local law, the guidelines described in paragraph
(1) shall establish procedures equivalent to those established by
4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and
shall require, at a minimum, compliance with the requirements
established in 4.1.7(2) of such standards.
(Pub. L. 101-336, title V, 504, July 26, 1990, 104 Stat. 370.)
The National Historic Preservation Act, referred to in subsec.
(c)(2), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II ( 470 et seq.) of chapter
1A of Title 16, Conservation. For complete classification of this Act
to the Code, see section 470(a) of Title 16 and Tables.
42 USC -- 12205. Attorney's fees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In any action or administrative proceeding commenced pursuant to this
chapter, the court or agency, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including litigation expenses, and costs, and the United States
shall be liable for the foregoing the same as a private individual.
(Pub. L. 101-336, title V, 505, July 26, 1990, 104 Stat. 371.)
42 USC -- 12206. Technical assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Plan for assistance
(1) In general
Not later than 180 days after July 26, 1990, the Attorney General, in
consultation with the Chair of the Equal Employment Opportunity
Commission, the Secretary of Transportation, the Chair of the
Architectural and Transportation Barriers Compliance Board, and the
Chairman of the Federal Communications Commission, shall develop a plan
to assist entities covered under this chapter, and other Federal
agencies, in understanding the responsibility of such entities and
agencies under this chapter.
(2) Publication of plan
The Attorney General shall publish the plan referred to in paragraph
(1) for public comment in accordance with subchapter II of chapter 5 of
title 5 (commonly known as the Administrative Procedure Act).
(b) Agency and public assistance
The Attorney General may obtain the assistance of other Federal
agencies in carrying out subsection (a) of this section, including the
National Council on Disability, the President's Committee on Employment
of People with Disabilities, the Small Business Administration, and the
Department of Commerce.
(c) Implementation
(1) Rendering assistance
Each Federal agency that has responsibility under paragraph (2) for
implementing this chapter may render technical assistance to individuals
and institutions that have rights or duties under the respective
subchapter or subchapters of this chapter for which such agency has
responsibility.
(2) Implementation of subchapters
(A) Subchapter I
The Equal Employment Opportunity Commission and the Attorney General
shall implement the plan for assistance developed under subsection (a)
of this section, for subchapter I of this chapter.
(B) Subchapter II
(i) Part A
The Attorney General shall implement such plan for assistance for
part A of subchapter II of this chapter.
(ii) Part B
The Secretary of Transportation shall implement such plan for
assistance for part B of subchapter II of this chapter.
(C) Subchapter III
The Attorney General, in coordination with the Secretary of
Transportation and the Chair of the Architectural Transportation
Barriers Compliance Board, shall implement such plan for assistance for
subchapter III of this chapter, except for section 12184 of this title,
the plan for assistance for which shall be implemented by the Secretary
of Transportation.
(D) Title IV
The Chairman of the Federal Communications Commission, in
coordination with the Attorney General, shall implement such plan for
assistance for title IV.
(3) Technical assistance manuals
Each Federal agency that has responsibility under paragraph (2) for
implementing this chapter shall, as part of its implementation
responsibilities, ensure the availability and provision of appropriate
technical assistance manuals to individuals or entities with rights or
duties under this chapter no later than six months after applicable
final regulations are published under subchapters I, II, and III of this
chapter and title IV.
(d) Grants and contracts
(1) In general
Each Federal agency that has responsibility under subsection (c)(2)
of this section for implementing this chapter may make grants or award
contracts to effectuate the purposes of this section, subject to the
availability of appropriations. Such grants and contracts may be
awarded to individuals, institutions not organized for profit and no
part of the net earnings of which inures to the benefit of any private
shareholder or individual (including educational institutions), and
associations representing individuals who have rights or duties under
this chapter. Contracts may be awarded to entities organized for
profit, but such entities may not be the recipients or /1/ grants
described in this paragraph.
(2) Dissemination of information
Such grants and contracts, among other uses, may be designed to
ensure wide dissemination of information about the rights and duties
established by this chapter and to provide information and technical
assistance about techniques for effective compliance with this chapter.
(e) Failure to receive assistance
An employer, public accommodation, or other entity covered under this
chapter shall not be excused from compliance with the requirements of
this chapter because of any failure to receive technical assistance
under this section, including any failure in the development or
dissemination of any technical assistance manual authorized by this
section.
(Pub. L. 101-336, title V, 506, July 26, 1990, 104 Stat. 371.)
Title IV, referred to in subsec. (c)(2)(D), (3), means title IV of
Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted section
225 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and
amended sections 152, 221, and 611 of Title 47.
/1/ So in original. Probably should be ''of''.
42 USC -- 12207. Federal wilderness areas
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Study
The National Council on Disability shall conduct a study and report
on the effect that wilderness designations and wilderness land
management practices have on the ability of individuals with
disabilities to use and enjoy the National Wilderness Preservation
System as established under the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Submission of report
Not later than 1 year after July 26, 1990, the National Council on
Disability shall submit the report required under subsection (a) of this
section to Congress.
(c) Specific wilderness access
(1) In general
Congress reaffirms that nothing in the Wilderness Act (16 U.S.C.
1131 et seq.) is to be construed as prohibiting the use of a wheelchair
in a wilderness area by an individual whose disability requires use of a
wheelchair, and consistent with the Wilderness Act no agency is required
to provide any form of special treatment or accommodation, or to
construct any facilities or modify any conditions of lands within a
wilderness area in order to facilitate such use.
(2) ''Wheelchair'' defined
For purposes of paragraph (1), the term ''wheelchair'' means a device
designed solely for use by a mobility-impaired person for locomotion,
that is suitable for use in an indoor pedestrian area.
(Pub. L. 101-336, title V, 507, July 26, 1990, 104 Stat. 372.)
The Wilderness Act, referred to in subsecs. (a) and (c)(1), is Pub.
L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 ( 1131 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of Title 16 and Tables.
42 USC -- 12208. Transvestites
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purposes of this chapter, the term ''disabled'' or
''disability'' shall not apply to an individual solely because that
individual is a transvestite.
(Pub. L. 101-336, title V, 508, July 26, 1990, 104 Stat. 373.)
42 USC -- 12209. Coverage of Congress and agencies of legislative
branch
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Coverage of Senate
(1) Commitment to Rule XLII
The Senate reaffirms its commitment to Rule XLII of the Standing
Rules of the Senate which provides as follows:
''No member, officer, or employee of the Senate shall, with respect
to employment by the Senate or any office thereof --
''(a) fail or refuse to hire an individual;
''(b) discharge an individual; or
''(c) otherwise discriminate against an individual with respect to
promotion, compensation, or terms, conditions, or privileges of
employment
on the basis of such individual's race, color, religion, sex,
national origin, age, or state of physical handicap.''
(2) Matters other than employment
(A) In general
The rights and protections under this chapter shall, subject to
subparagraph (B), apply with respect to the conduct of the Senate
regarding matters other than employment.
(B) Remedies
The Architect of the Capitol shall establish remedies and procedures
to be utilized with respect to the rights and protections provided
pursuant to subparagraph (A). Such remedies and procedures shall apply
exclusively, after approval in accordance with subparagraph (C).
(C) Proposed remedies and procedures
For purposes of subparagraph (B), the Architect of the Capitol shall
submit proposed remedies and procedures to the Senate Committee on Rules
and Administration. The remedies and procedures shall be effective upon
the approval of the Committee on Rules and Administration.
(3) Exercise of rulemaking power
Notwithstanding any other provision of law, enforcement and
adjudication of the rights and protections referred to in paragraph
(2)(A) shall be within the exclusive jurisdiction of the United States
Senate. The provisions of paragraph (1), (2) /1/ are enacted by the
Senate as an exercise of the rulemaking power of the Senate, with full
recognition of the right of the Senate to change its rules, in the same
manner, and to the same extent, as in the case of any other rule of the
Senate.
(b) Coverage of House of Representatives
(1) In general
Notwithstanding any other provision of this chapter or of law, the
purposes of this chapter shall, subject to paragraphs (2) and (3), apply
in their entirety to the House of Representatives.
(2) Employment in the House
(A) Application
The rights and protections under this chapter shall, subject to
subparagraph (B), apply with respect to any employee in an employment
position in the House of Representatives and any employing authority of
the House of Representatives.
(B) Administration
(i) In general
In the administration of this paragraph, the remedies and procedures
made applicable pursuant to the resolution described in clause (ii)
shall apply exclusively.
(ii) Resolution
The resolution referred to in clause (i) is House Resolution 15 of
the One Hundred First Congress, as agreed to January 3, 1989, or any
other provision that continues in effect the provisions of, or is a
successor to, the Fair Employment Practices Resolution (House Resolution
558 of the One Hundredth Congress, as agreed to October 4, 1988).
(C) Exercise of rulemaking power
The provisions of subparagraph (B) are enacted by the House of
Representatives as an exercise of the rulemaking power of the House of
Representatives, with full recognition of the right of the House to
change its rules, in the same manner, and to the same extent as in the
case of any other rule of the House.
(3) Matters other than employment
(A) In general
The rights and protections under this chapter shall, subject to
subparagraph (B), apply with respect to the conduct of the House of
Representatives regarding matters other than employment.
(B) Remedies
The Architect of the Capitol shall establish remedies and procedures
to be utilized with respect to the rights and protections provided
pursuant to subparagraph (A). Such remedies and procedures shall apply
exclusively, after approval in accordance with subparagraph (C).
(C) Approval
For purposes of subparagraph (B), the Architect of the Capitol shall
submit proposed remedies and procedures to the Speaker of the House of
Representatives. The remedies and procedures shall be effective upon
the approval of the Speaker, after consultation with the House Office
Building Commission.
(c) Instrumentalities of Congress
(1) In general
The rights and protections under this chapter shall, subject to
paragraph (2), apply with respect to the conduct of each instrumentality
of the Congress.
(2) Establishment of remedies and procedures by instrumentalities
The chief official of each instrumentality of the Congress shall
establish remedies and procedures to be utilized with respect to the
rights and protections provided pursuant to paragraph (1). Such
remedies and procedures shall apply exclusively, except for the
employees who are defined as Senate employees, in section 1201(c)(1) of
title 2.
(3) Report to Congress
The chief official of each instrumentality of the Congress shall,
after establishing remedies and procedures for purposes of paragraph
(2), submit to the Congress a report describing the remedies and
procedures.
(4) Definition of instrumentalities
For purposes of this section, instrumentalities of the Congress
include the following: the Architect of the Capitol, the Congressional
Budget Office, the General Accounting Office, the Government Printing
Office, the Library of Congress, the Office of Technology Assessment,
and the United States Botanic Garden.
(5) Construction
Nothing in this section shall alter the enforcement procedures for
individuals with disabilities provided in the General Accounting Office
Personnel Act of 1980 and regulations promulgated pursuant to that Act.
(Pub. L. 101-336, title V, 509, July 26, 1990, 104 Stat. 373; Pub.
L. 102-166, title III, 315, Nov. 21, 1991, 105 Stat. 1095.)
House Resolution No. 558, One Hundredth Congress, Oct. 4, 1988, as
continued in effect by House Resolution No. 15, One Hundred First
Congress, Jan. 3, 1989, referred to in subsec. (b)(2)(B)(ii), is set
out as a note under section 60k of Title 2, The Congress.
The General Accounting Office Personnel Act of 1980, referred to in
subsec. (c)(5), is Pub. L. 96-191, Feb. 15, 1980, 94 Stat. 27, which
was classified principally to section 52-1 et seq. of former Title 31,
and which was substantially repealed by Pub. L. 97-258, 5(b), Sept.
13, 1982, 96 Stat. 1068, and reenacted by the first section thereof
principally in subchapters III ( 731 et seq.) and IV ( 751 et seq.) of
chapter 7 of Title 31, Money and Finance.
1991 -- Subsec. (a)(2). Pub. L. 102-166, 315(1), redesignated par.
(6) as (2) and struck out former par. (2) which read as follows:
''Application to Senate employment. -- The rights and protections
provided pursuant to this chapter, the Civil Rights Act of 1990 (S.
2104, 101st Congress), the Civil Rights Act of 1964 (42 U.S.C. 2000a et
seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621
et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
shall apply with respect to employment by the United States Senate.''
Subsec. (a)(3). Pub. L. 102-166, 315(1), redesignated par. (7) as
(3), substituted ''(2)(A)'' for ''(2) and (6)(A)'' and ''(2)'' for
''(3), (4), (5), (6)(B), and (6)(C)'', and struck out former par. (3)
which read as follows: ''Investigation and adjudication of claims. --
All claims raised by any individual with respect to Senate employment,
pursuant to the Acts referred to in paragraph (2), shall be investigated
and adjudicated by the Select Committee on Ethics, pursuant to S. Res.
338, 88th Congress, as amended, or such other entity as the Senate may
designate.''
Subsec. (a)(4), (5). Pub. L. 102-166, 315(1), struck out pars. (4)
and (5) which read as follows:
''(4) Rights of employees. -- The Committee on Rules and
Administration shall ensure that Senate employees are informed of their
rights under the Acts referred to in paragraph (2).
''(5) Applicable Remedies. -- When assigning remedies to individuals
found to have a valid claim under the Acts referred to in paragraph (2),
the Select Committee on Ethics, or such other entity as the Senate may
designate, should to the extent practicable apply the same remedies
applicable to all other employees covered by the Acts referred to in
paragraph (2). Such remedies shall apply exclusively.''
Subsec. (a)(6), (7). Pub. L. 102-166, 315(1), redesignated pars.
(6) and (7) as (2) and (3), respectively.
Subsec. (c)(2). Pub. L. 102-166, 315(2), inserted '', except for the
employees who are defined as Senate employees, in section 1201(c)(1) of
title 2'' after ''shall apply exclusively''.
Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as
otherwise provided, see section 402 of Pub. L. 102-166, set out as a
note under section 1981 of this title.
/1/ So in original. Probably should be ''paragraphs (1) and (2)''.
42 USC -- 12210. Illegal use of drugs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
For purposes of this chapter, the term ''individual with a
disability'' does not include an individual who is currently engaging in
the illegal use of drugs, when the covered entity acts on the basis of
such use.
(b) Rules of construction
Nothing in subsection (a) of this section shall be construed to
exclude as an individual with a disability an individual who --
(1) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs, or has
otherwise been rehabilitated successfully and is no longer engaging in
such use;
(2) is participating in a supervised rehabilitation program and is no
longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not
engaging in such use;
except that it shall not be a violation of this chapter for a covered
entity to adopt or administer reasonable policies or procedures,
including but not limited to drug testing, designed to ensure that an
individual described in paragraph (1) or (2) is no longer engaging in
the illegal use of drugs; however, nothing in this section shall be
construed to encourage, prohibit, restrict, or authorize the conducting
of testing for the illegal use of drugs.
(c) Health and other services
Notwithstanding subsection (a) of this section and section
12211(b)(3) of this title, an individual shall not be denied health
services, or services provided in connection with drug rehabilitation,
on the basis of the current illegal use of drugs if the individual is
otherwise entitled to such services.
(d) ''Illegal use of drugs'' defined
(1) In general
The term ''illegal use of drugs'' means the use of drugs, the
possession or distribution of which is unlawful under the Controlled
Substances Act (21 U.S.C. 801 et seq.). Such term does not include the
use of a drug taken under supervision by a licensed health care
professional, or other uses authorized by the Controlled Substances Act
or other provisions of Federal law.
(2) Drugs
The term ''drug'' means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(Pub. L. 101-336, title V, 510, July 26, 1990, 104 Stat. 375.)
The Controlled Substances Act, referred to in subsec. (d)(1), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I ( 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
42 USC -- 12211. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Homosexuality and bisexuality
For purposes of the definition of ''disability'' in section 12102(2)
of this title, homosexuality and bisexuality are not impairments and as
such are not disabilities under this chapter.
(b) Certain conditions
Under this chapter, the term ''disability'' shall not include --
(1) transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current
illegal use of drugs.
(Pub. L. 101-336, title V, 511, July 26, 1990, 104 Stat. 376.)
42 USC -- 12212. Alternative means of dispute resolution
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Where appropriate and to the extent authorized by law, the use of
alternative means of dispute resolution, including settlement
negotiations, conciliation, facilitation, mediation, factfinding,
minitrials, and arbitration, is encouraged to resolve disputes arising
under this chapter.
(Pub. L. 101-336, title V, 513, July 26, 1990, 104 Stat. 377.)
42 USC -- 12213. Severability
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Should any provision in this chapter be found to be unconstitutional
by a court of law, such provision shall be severed from the remainder of
the chapter, and such action shall not affect the enforceability of the
remaining provisions of the chapter.
(Pub. L. 101-336, title V, 514, July 26, 1990, 104 Stat. 378.)
42 USC -- CHAPTER 127 -- COORDINATED SERVICES FOR CHILDREN, YOUTH, AND
FAMILIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12301. Findings.
12302. Definitions.
12311. Establishment of Administration on Children, Youth, and
Families.
(a) In general.
(b) Commissioner.
12312. Functions of Commissioner.
(a) In general.
(b) Encouragement of volunteerism.
12313. Federal agency consultations.
(a) In general.
(b) Interagency agreements.
12314. Federal Council on Children, Youth, and Families.
(a) Establishment.
(b) Number of members.
(c) Term of membership.
(d) Appointment of members.
(e) Vacancy.
(f) Reappointment.
(g) Expiration of term.
(h) Travel expenses.
(i) Chairperson.
(j) Meetings.
(k) Duties of Council.
(l) Staff.
(m) Information and assistance.
(n) Reports.
(o) Authorization of appropriation.
(p) Termination.
12315. Administration.
(a) Duties of Commissioner.
(b) Utilization of services and facilities.
(c) Reservation of funds.
12331. Purpose.
12332. Definitions.
12333. Establishment of programs.
12334. Administration.
(a) In general.
(b) Technical assistance.
12335. State plan.
(a) Submission of plan.
(b) Revisions of plan.
(c) Content of plan.
(d) Type of application.
(e) Approval of plan.
12336. Independent State body.
(a) Designation.
(b) Existing entity.
12337. State coordination of services.
(a) Authority.
(b) Application.
(c) Use of grants to States.
(e) Supplement not supplant.
(f) Relationship to family resource and support program grants.
12338. Supportive services.
(a) Authority.
(b) Eligible services.
12339. Family resource and support program grants.
(a) Authority.
(b) Amount of grant.
(c) Duration.
(d) Application.
(e) Criteria.
(f) Local program requirements.
12340. Authorization of appropriation and allotment.
(a) Administration on children, youth, and families; State
coordination; supportive services.
(b) Determination of age.
(c) Transfer of allotted funds.
(d) Family resource and support programs.
(e) Limitation.
(f) Grants for Indians.
(g) Limitation.
12351. Findings and purpose.
(a) Findings.
(b) Purpose.
12352. ''Family resource and support programs'' defined.
12353. Establishment of National Center on Family Resource and
Support Programs.
(a) Establishment.
(b) Functions.
12354. Evaluation.
12355. Authorization of appropriations.
(a) Establishment of Center.
(b) Evaluation
12371. Findings.
(a) Findings.
(b) Statement of policy.
12372. Authority of President and Secretary; final report.
(a) Calling of Conference.
(b) Purposes of Conference.
(c) Conference participants and delegates.
12373. Conference administration.
(a) Administration.
(b) Duties.
12374. Conference committees.
(a) Advisory committee.
(b) Other committees.
(c) Composition of committees.
(d) Compensation.
12375. Report of Conference.
(a) Proposed report.
(b) Response to proposed report.
(c) Final report.
12376. Definitions.
12377. Authorization of appropriations.
(a) Authorization.
(b) Return of unexpended funds.
42 USC -- 12301. Findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Congress finds that --
(1) children and youth are inherently the most valuable resource of
the United States;
(2) the welfare, protection, healthy development, and positive role
of children and youth in society are essential to the United States;
(3) children and youth deserve love, respect, and guidance, as well
as good health, shelter, food, education, productive employment
opportunities, and preparation for responsible participation in
community life;
(4) children and youth have increasing opportunities to participate
in the decisions that affect their lives;
(5) the family is the primary caregiver and source of social learning
and must be supported and strengthened;
(6) when a family is unable to ensure the satisfaction of basic needs
of children and youth it is the responsibility of society to assist such
family; and
(7) it is the joint and several responsibility of the Federal
Government, each State, and the political subdivisions of each State to
assist children and youth to secure, to the maximum extent practicable,
equal opportunity to full and free access to --
(A) the best possible physical and mental health;
(B) adequate and safe physical shelter;
(C) a high level of educational opportunity;
(D) effective training, apprenticeships, opportunities for community
service, and productive employment and participation in decisions
affecting their lives;
(E) a wide range of civic, cultural, and recreational activities that
recognize young Americans as resources and promote self-esteem and a
stake in the communities of such Americans; and
(F) comprehensive community services that are efficient, coordinated,
readily available, and involve families of young individuals.
(Pub. L. 101-501, title IX, 902, Nov. 3, 1990, 104 Stat. 1262.)
Chapter effective Oct. 1, 1990, see section 1001(a) of Pub. L.
101-501, set out as an Effective Date of 1990 Amendment note under
section 8621 of this title.
Section 901 of title IX of Pub. L. 101-501 provided that: ''This
title (enacting this chapter) may be cited as the 'Claude Pepper Young
Americans Act of 1990'.''
Section 955 of Pub. L. 101-501 provided that: ''This chapter
(chapter 3 ( 955-960) of subtitle A of title IX of Pub. L. 101-501,
enacting part C of subchapter I of this chapter) may be cited as the
'Family Resource Act'.''
Section 981 of Pub. L. 101-501 provided that: ''This subtitle
(subtitle B ( 981-988) of title IX of Pub. L. 101-501, enacting
subchapter II of this chapter) may be cited as the '1993 White House
Conference on Children, Youth, and Families'.''
42 USC -- 12302. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this chapter:
(1) Commissioner
The term ''Commissioner'' means the Commissioner of the
Administration on Children, Youth, and Families, as established under
section 12311 of this title.
(2) Council
The term ''Council'' means the Federal Council on Children, Youth,
and Families, as established under section 12314(a) of this title.
(3) Nonprofit
The term '''nonprofit'', as applied to any agency, institution, or
organization, means an agency, institution, or organization that is, or
is owned and operated by, one or more corporations or associations, no
part of the net earnings of which may lawfully inure to the benefit of
any private shareholder or individual.
(4) Secretary
The term ''Secretary'' means the Secretary of Health and Human
Services.
(5) State
The term ''State'' includes the District of Columbia, the Virgin
Islands, Puerto Rico, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the Pacific
Islands.
(6) Young individual
The term ''young individual'' means any child or youth from birth to
21 years of age.
(Pub. L. 101-501, title IX, 903, Nov. 3, 1990, 104 Stat. 1262.)
42 USC -- SUBCHAPTER I -- ESTABLISHMENT OF ADMINISTRATION AND AWARDING
OF GRANTS FOR PROGRAMS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- Part A -- Administration on Children, Youth, and Families
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12311. Establishment of Administration on Children, Youth,
and Families
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
There is established within the Department of Health and Human
Services an Administration on Children, Youth, and Families.
(b) Commissioner
(1) Establishment
(A) In general
The Administration on Children, Youth, and Families, as established
under subsection (a) of this section, shall be headed by a Commissioner
on Children, Youth, and Families.
(B) Omitted
(2) Appointment
The President, by and with the advice and consent of the Senate,
shall appoint the Commissioner.
(Pub. L. 101-501, title IX, 915, Nov. 3, 1990, 104 Stat. 1263.)
Section is comprised of section 915 of Pub. L. 101-501. Subsec.
(b)(1)(B) of section 915 of Pub. L. 101-501 amended section 5316 of
Title 5, Government Organization and Employees.
42 USC -- 12312. Functions of Commissioner
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Commissioner shall --
(1) serve as the effective and visible advocate for children, youth,
and families within the Department of Health and Human Services and with
other departments, agencies, and instrumentalities of the Federal
Government by maintaining active review and commenting responsibilities,
as appropriate, concerning Federal policies affecting young individuals,
and the families of young individuals;
(2) collect and disseminate information related to the problems of
young individuals and the families of such individuals;
(3) assist the Secretary in appropriate matters pertaining to young
individuals, and the families of such individuals;
(4) administer the grants authorized under this subchapter;
(5) develop plans and conduct research in the field of young
individuals, and the families of such individuals;
(6) assist, to the maximum extent practicable, in the establishment
and implementation of programs designed to meet the needs of young
individuals for supportive services including --
(A) health and mental health services;
(B) housing and shelter assistance;
(C) education and training services;
(D) protective services;
(E) foster care;
(F) teen parenting support;
(G) child care;
(H) family support and preservation;
(I) teen pregnancy prevention and counseling;
(J) counseling on the effects of violence in the communities of such
individuals and their families;
(K) recreational and volunteer opportunities; and
(L) comprehensive early childhood development;
(7) provide technical assistance and consultation to States and the
political subdivisions of such States with respect to programs for young
individuals;
(8) prepare, publish, and disseminate educational materials
concerning the welfare of young individuals;
(9) gather statistics concerning young individuals, and the families
of such individuals, that other Federal agencies are not collecting;
(10) to the maximum extent practicable coordinate activities carried
out or assisted by all departments, agencies, and instrumentalities of
the Federal Government with respect to the collection, preparation, and
dissemination of information relevant to young individuals and the
families of such individuals;
(11) stimulate more effective uses of existing resources and
available services for young individuals and the families of such
individuals;
(12) develop basic policies and set priorities with respect to the
development and operation of programs and activities conducted under
this chapter;
(13) convene conferences of authorities and officials of
organizations, including Federal, State, and local agencies, and
nonprofit private organizations, of programs for children, youth and
their families for the development and implementation of policies
related to the priorities and purposes of this chapter, including topics
such as the establishment of a nationwide network of comprehensive,
coordinated services and opportunities for such individuals;
(14) conduct periodic evaluations of the programs and activities
related to the purposes of this chapter; and
(15) develop, in coordination with other agencies, methods to ensure
adequate training for personnel concerning children, youth and families
and to ensure the adequate dissemination of such information to
appropriate State and community agencies.
(b) Encouragement of volunteerism
In executing the duties and functions of the Administration under
this subchapter and in carrying out the programs and activities
authorized under this chapter, the Commissioner, in consultation with
the Director of the ACTION Agency, shall take necessary steps to
coordinate with and seek the advice of voluntary agencies and
organizations that provide services related to the purposes of this
chapter.
(Pub. L. 101-501, title IX, 916, Nov. 3, 1990, 104 Stat. 1263.)
42 USC -- 12313. Federal agency consultations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Commissioner shall consult and cooperate with the heads of all
appropriate Federal agencies or departments administering programs or
services that are substantially related to the purposes of this chapter.
(b) Interagency agreements
To the extent practicable, the Commissioner shall facilitate
cooperation through the entering into of interagency agreements.
(Pub. L. 101-501, title IX, 917, Nov. 3, 1990, 104 Stat. 1265.)
42 USC -- 12314. Federal Council on Children, Youth, and Families
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
There is established a Federal Council on Children, Youth, and
Families.
(b) Number of members
The Council shall be composed of 18 members to be appointed in
accordance with subsection (d) of this section.
(c) Term of membership
Each member of the Council shall serve for a 3-year term without
regard to title 5.
(d) Appointment of members
(1) In general
The Council shall be composed of --
(A) six members who posess /1/ such skills and qualifications so as
to be representative of --
(i) rural and urban populations; and
(ii) national organizations with an interest in young individuals,
families, early childhood development, elementary and secondary
education, business, labor, minorities, and the general public;
(B) six members who are representatives of public, State or local
agencies that serve children, youth and their families and include
representatives of child welfare and child mental health agencies; and
(C) six members who are cabinet-level representatives of Federal
agencies that have responsibility for programs relating to children,
youth and families.
(2) Age of members
At least one of the individuals appointed to the Council under
paragraph (1)(A) shall be under the age of 21 at the time of such
appointment.
(3) Appointing authority
Of the members of the Council who are appointed under paragraph (1)
--
(A) six of the members described under subparagraphs (A) and (B)
shall be appointed by the President pro tempore of the Senate on the
recommendation of the Majority and Minority Leaders of the Senate;
(B) six of the members described under subparagraphs (A) and (B)
shall be appointed by the Speaker of the House of Representatives on the
recommendation of the Majority and Minority Leaders of the House of
Representatives; and
(C) the members described under subparagraph (C) shall be appointed
by the President.
(e) Vacancy
(1) Filling vacancy
A vacancy on the Council shall be filled in the same manner in which
the original appointment was made.
(2) Powers of board /2/
A vacancy on the Council shall not affect the powers of the Council.
(3) Term of appointment
A member of the Council who is appointed to fill a vacancy occurring
prior to the expiration of the term for which the predecessor of such
member was appointed shall be appointed only for the remainder of such
term.
(f) Reappointment
Each member of the Council shall be eligible for reappointment to the
Council.
(g) Expiration of term
Each member of the Council may serve after the expiration of the term
of membership until the successor of such member has taken office.
(h) Travel expenses
Each member of the Council, while serving on business of the Council
away from the home or regular place of business of such member, may be
allowed subsistence in the same manner as the expenses authorized by
section 5703 of title 5 for individuals in the Government service
employed intermittently.
(i) Chairperson
The President shall designate the Secretary of Health and Human
Services to serve as the Chairperson of the Council. In the event that
the Secretary chooses to designate the functions of Chairperson under
this subsection, such designation may only be made to the Commissioner.
(j) Meetings
Not less than once during each 6-month period, the Chairperson of the
Council shall call a meeting of the Council.
(k) Duties of Council
The Council shall --
(1) advise and assist the President on matters relating to the
special needs of young individuals;
(2) review, evaluate, and inventory on a continuing basis Federal
policies, programs and other activities affecting young individuals that
are conducted or assisted by all Federal departments and agencies for
the purpose of appraising the value and the impact of such policies,
programs, and activities on the lives of young individuals, and of
identifying duplication of services for young individuals and the
families of such individuals;
(3) make recommendations to the President, the Secretary, the
Commissioner, the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate concerning changes in such policies and programs that can
streamline services, reduce duplication of services and encourage the
coordination of services provided to young individuals and the families
of such individuals at the State and local level; and
(4) provide public forums, including public hearings, conferences,
workshops, and other meetings, for discussing and publicizing the
problems and needs of young individuals and obtaining information
relating to such individuals.
(l) Staff
The Chairperson shall appoint staff personnel to assist the
Chairperson in carrying out the duties required under subsection (k) of
this section.
(m) Information and assistance
The head of each Federal department and agency shall make available
to the Chairperson such information and other assistance as the
Chairperson may require to carry out the duties required under
subsection (k) of this section.
(n) Reports
(1) Submission to the President
In fiscal year 1992 and each fiscal year thereafter, the Chairperson
shall prepare and submit --
(A) interim reports as the Chairperson considers to be appropriate;
and
(B) an annual report of the findings and recommendations of the
Council concerning the matters described in paragraphs (2) and (3) of
subsection (k) of this section;
to the President not later than March 31 of each year.
(2) Review and submission to Congress
(A) Comments and recommendations
The President may make comments and recommendations concerning
reports submitted under paragraph (1).
(B) Submission to Congress
The President shall submit such comments, recommendations, and
reports to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate.
(o) Authorization of appropriation
There are authorized to be appropriated to carry out this section
$200,000 for each of the fiscal years 1991 through 1994.
(p) Termination
The Council shall terminate on September 30, 1995.
(Pub. L. 101-501, title IX, 918, Nov. 3, 1990, 104 Stat. 1265.)
/1/ So in original. Probably should be ''possess''.
/2/ So in original. Probably should be ''Council''.
42 USC -- 12315. Administration
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Duties of Commissioner
In carrying out this subchapter, the Commissioner is authorized to --
(1) provide consultative services, technical assistance, and
short-term training to the independent State bodies;
(2) conduct research and demonstrations;
(3) collect, prepare, publish, and disseminate special educational or
informational materials, including reports of the projects for which
funds are provided under this subchapter;
(4) provide staff and other technical assistance to the Council;
(5) evaluate the effectiveness of programs authorized under this
subchapter and periodically publish analyses of the results of such
evaluations; and
(6) not later than 180 days after the end of each fiscal year,
prepare and submit, to the President and the chairman of the Committee
on Education and Labor of the House of Representatives and the chairman
of the Committee on Labor and Human Resources of the Senate, a report
concerning the activities carried out under this subchapter and
concerning such other activities as the Secretary determines
appropriate.
(b) Utilization of services and facilities
(1) In general
Subject to agreements made between the Commissioner and the head of
such agency or organization, in carrying out the duties referred to in
subsection (a) of this section the Commissioner may utilize the services
and facilities of any agency of the Federal Government and of any other
public or nonprofit agency or organizations. /1/
(2) Payment
The Commissioner may pay for such services and facilities, in advance
or by way of reimbursement, as may be provided in such agreement.
(c) Reservation of funds
Of the aggregate amount appropriated to carry out this chapter in any
fiscal year, the Secretary may reserve not more than 10 percent for
salaries and expenses of the Administration on Children, Youth, and
Families related to the administration of this chapter.
(Pub. L. 101-501, title IX, 919, Nov. 3, 1990, 104 Stat. 1267.)
/1/ So in original. Probably should be ''organization.''
42 USC -- Part B -- Grants for State and Community Programs for
Children, Youth, and Families
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12331. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
It is the purpose of this part to encourage and assist State and
local agencies to coordinate resources, reduce barriers to services, and
develop new capacities to ensure that State and community services
designed to serve children, youth, and families are more effective and
comprehensive.
(Pub. L. 101-501, title IX, 925, Nov. 3, 1990, 104 Stat. 1268.)
42 USC -- 12332. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this part:
(1) Community referral services
The term ''community referral services'' means services to assist
families in obtaining community resources, including health care, mental
health care, employability development and job training, and other
social services.
(2) Core services
The term ''core services'' means --
(A) educational and support services provided to assist parents in
acquiring parenting skills, learning about child development, and
responding appropriately to the behavior of their children; and
(B) the early developmental screening of children to assess any needs
of such children and to identify specific types of support that may be
provided;
(C) outreach services;
(D) community referral services; and
(E) follow up services.
(3) Follow up services
The term ''follow up services'' means services provided to ensure
that necessary services are received by families and are effective in
meeting their needs.
(4) Independent State body
The term ''independent State body'' means the entity established
under section 12336 of this title.
(5) Lead agency
The term ''lead agency'' means an existing State agency, or other
public or nonprofit private entity designated by the chief executive
officer of the State as the agency responsible for the development and
implementation of local family resource and support programs. Such
agency shall have demonstrated ability to work with other State and
community based agencies, to provide training and technical assistance,
and shall also have a commitment to parental participation in the design
and administration of family resource and support programs.
(6) Other services
The term ''other services'' and ''other support services'' includes
--
(A) child care, early childhood development and intervention
programs;
(B) employability development services (including skill training);
(C) educational services, such as scholastic tutoring, literacy
training, and General Educational Degree (GED) services;
(D) nutritional education;
(E) life management skills training;
(F) peer counseling and crisis intervention, family violence
counseling and referrals for such services;
(G) referral for substance abuse counseling and treatment referral;
and
(H) referral for primary health and mental health services.
(7) Outreach services
The term ''outreach services'' means services provided to ensure
(through home visits or other methods) that parents are aware of and
able to participate in family resource and support program activities.
(Pub. L. 101-501, title IX, 926, Nov. 3, 1990, 104 Stat. 1268.)
42 USC -- 12333. Establishment of programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commissioner shall make grants --
(1) in each State under section 12337 of this title to improve State
planning and coordination of services, and under section 12338 of this
title to expand supportive services, in order to promote the
availability of developmental, preventive, and remedial services to
children, youth and their families that are designed to ensure --
(A) adequate and safe physical shelter whether in their own homes or,
if necessary, in out-of-home programs;
(B) high quality physical and mental health care;
(C) the enhancement of the development of children to ensure that
children enter school prepared and ready to learn;
(D) highest quality educational opportunity;
(E) effective training and apprenticeships to increase the likelihood
of employment;
(F) opportunities for community service and productive employment,
and for participation by children and youth in decisions affecting the
lives of such children and youth; and
(G) a wide range of civic, cultural, and recreational activities that
recognize young individuals as resources and promote self-esteem and a
sense of community; and
(2) to States on a competitive basis under section 12339 of this
title to establish family resource programs (including family support
centers) in order to enhance the ability of families to remain together
and to thrive through the provision of community based services that --
(A) promote and build family and parenting skills;
(B) promote and assist families in the use of formal and informal
family support services;
(C) create a support network to strengthen and reinforce good
parenting; and
(D) are closely linked with, but not duplicative of, other community
resources.
(Pub. L. 101-501, title IX, 927, Nov. 3, 1990, 104 Stat. 1269.)
42 USC -- 12334. Administration
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Commissioner shall administer programs under this part through
the Administration on Children, Youth, and Families.
(b) Technical assistance
In carrying out this part, the Commissioner may request the technical
assistance and cooperation of the Secretary of Education, the Secretary
of Labor, the Attorney General, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the Director of the Office
of Community Services, and such other agencies and departments of the
Federal Government as may be appropriate.
(Pub. L. 101-501, title IX, 928, Nov. 3, 1990, 104 Stat. 1269.)
42 USC -- 12335. State plan
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Submission of plan
The chief executive officer of a State, in order to be eligible for
grants from an allotment under section 12337, 12338, or 12339 of this
title for any fiscal year, shall prepare and submit to the Commissioner
a State plan for a 3-year period.
(b) Revisions of plan
Each chief executive officer of a State may make annual revisions of
the State plan referred to in subsection (a) of this section.
(c) Content of plan
The chief executive officer of a State shall include within the State
plan of that State assurances as required under sections /1/ 12337,
12338, or 12339 of this title, and a description of the proposed
multi-year plans of the State for program development and
implementation.
(d) Type of application
A State may apply for funds under one or more of the following
categories:
(1) section 12337 of this title;
(2) sections 12337 and 12338 of this title jointly; or
(3) section 12339 of this title.
In the case of each category, the State application and plan shall
comply only with the requirements of the appropriate section.
(e) Approval of plan
(1) In general
The Commissioner shall approve any State plan under sections 12337
and 12338 of this title that the Commissioner determines meets the
requirements of such sections.
(2) Notice and opportunity to correct deficiencies
The Commissioner shall not make a final determination disapproving
any State plan, modifying such plan, or declaring a State to be
ineligible to receive funds under sections 12337 and 12338 of this title
without previously affording such State reasonable notice and
opportunity to correct deficiencies in its application.
(Pub. L. 101-501, title IX, 929, Nov. 3, 1990, 104 Stat. 1270.)
/1/ So in original. Probably should be ''section''.
42 USC -- 12336. Independent State body
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Designation
A State shall not be eligible to receive a grant from an allotment
under section 12337 or 12338 of this title unless --
(1) the chief executive officer of such State designates an
independent State body that is composed of --
(A) cabinet level representatives from each agency of such State that
has responsibilities for programs affecting young individuals who shall
comprise a majority of the independent State body; and
(B) individuals appointed from among --
(i) private nonprofit providers of services to young individuals;
(ii) advocacy and citizens groups concerned with young individuals;
(iii) committees of the legislature of such State that have
responsibility for young individuals;
(iv) leaders who are young individuals, including such leaders who
are recipients of services provided under this subchapter;
(v) representatives of the business community;
(vi) representatives of employees of providers of services to young
individuals;
(vii) representatives of general purpose local government; and
(viii) such staff as shall be necessary to --
(I) develop a State plan to be submitted to the Commissioner for
approval under section 12337 of this title;
(II) administer and monitor the State plan within such State;
(III) assist in the coordination of all State activities related to
the purpose of the chapter;
(IV) serve as an effective and visible advocate for young individuals
by reviewing and commenting on all State plans, budgets, and policies
that affect such individuals and the families of such individuals by
providing technical assistance to any agency, organization, association,
or individual representing the needs of young individuals; and
(2) the independent State body designated under paragraph (1) --
(A) develops a system for the distribution within the State of funds
received under sections 12337 and 12338 of this title by the chief
executive officer;
(B) submits a description of such system to the Commissioner for
review and comment; and
(C) ensures that preference will be given in such distribution of
funds to developing or supporting local service delivery systems that --
(i) provide a range of services organized to tailor responses to
needs rather than a predetermined array of services;
(ii) are rooted in and part of the communities that such systems are
designed to serve as measured by the degree to which public and private
community leaders and young individuals participate in the planning of
such systems; and
(iii) demonstrate an ability to develop systematic collaboration
among service providers on behalf of children, youth and families,
including joint planning, joint financing, joint service delivery,
common intake and assessment, and other arrangements that promote more
effective service systems for such individuals.
(b) Existing entity
The Commissioner may approve a State plan in which the chief
executive officer of the State designates as the independent State body
an existing State entity that is comprised of the parties described in
subsection (a) of this section and that is authorized to conduct the
same range of interagency planning and coordination activities.
(Pub. L. 101-501, title IX, 930, Nov. 3, 1990, 104 Stat. 1270.)
42 USC -- 12337. State coordination of services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
The Commissioner shall make grants under this section to States on a
formula basis for the purpose of improving the coordination of services
provided to children, youth, and families.
(b) Application
To be eligible to receive a grant under this section, the chief
executive officer of a State shall prepare and submit to the
Commissioner an application containing a plan providing assurances that
--
(1) the independent State body is committed to interagency planning
that results in statewide policies promoting systematic collaboration
among agencies on behalf of young individuals as demonstrated by joint
planning, joint financing, joint service delivery, common intake and
assessment, and other arrangements that reduce barriers to services and
promote more effective local service delivery systems for young
individuals;
(2) such plan will be based on needs as identified through an
analysis of updated reports (such as ''State of the Child'' reports)
prepared by the State, including detailed information gathered by the
State, to the extent practicable, on young individuals and the families
of such individuals concerning --
(A) age, sex, race, and ethnicity;
(B) the residences of such individuals;
(C) the incidence of homelessness among such individuals;
(D) the composition of families of such individuals;
(E) the economic situations of such individuals;
(F) the incidence of poverty among such individuals;
(G) experiences in the care of such individuals away from home;
(H) the health of such individuals;
(I) violence in the homes or communities of such individuals;
(J) the nature of the attachment of such individuals to school and
work;
(K) dropout rates of such individuals from school; and
(L) the character of the communities in which such individuals
reside;
(3) the system to be used for the distribution of funds within the
State will require that --
(A) each area have an equal opportunity to apply for or receive funds
under this part; and
(B) the public be given an opportunity to express views concerning
the development and administration of such plan;
(4) the independent State body will provide an inventory of existing
public and private services for children, youth and their families and
will evaluate the need for supportive services within the State to
address the purposes of this chapter and determine the extent to which
existing public and private programs meet such need;
(5) the independent State body will make such reports, in such form,
and containing such information, as the Commissioner may require;
(6) such fiscal control and fund accounting procedures will be
adopted as may be necessary to ensure proper disbursement of, and
accounting for, Federal funds paid under this part to the chief
executive officer of the State, including any such funds paid to the
recipients of a grant or contract;
(7) the independent State body will conduct periodic evaluations of
activities and projects carried out pursuant to this section and section
12338 of this title and will report the results and recommendations to
the chief executive officer of the State and the State legislature;
(8) the chief executive officer of the State will provide technical
assistance or in-service training opportunities for personnel
responsible for carrying out the purposes of this section and section
12338 of this title; and
(9) the chief executive officer of each State will provide for the
implementation of the requirements of section 12338 of this title,
relating to supportive services.
(c) Use of grants to States
Notwithstanding section 12340(g) of this title, the amounts made
available to each State under section 12340(a) of this title may be used
to make grants to a State to enable such State to pay such percentages
as the independent State body of such State determines to be
appropriate, of the cost of administering the State plan of such State
including --
(1) the costs of the preparation of such plan and the provision of
technical assistance to local areas;
(2) the costs of the evaluation of activities carried out under such
plan;
(3) the costs of the collection of data and the carrying out of
analyses related to the need for supportive services within the State;
(4) the costs of the dissemination of information obtained under
paragraph (3); and
(5) the costs of the provision of short-term training to personnel of
public or nonprofit private agencies and organizations engaged in the
operation of programs authorized by this part.
(e) /1/ Supplement not supplant
Amounts received by a State under this section and section 12338 of
this title shall be used only to supplement, not to supplant, the amount
of Federal, State, and local funds expended for the purposes for which
grants are made under this section and section 12338 of this title. In
no event shall such expenditures be used to satisfy the matching
requirements of any other Federal program.
(f) Relationship to family resource and support program grants
If a State intends to apply for a grant under section 12339 of this
title to be used for the same calendar year as the grant under this
section, such State shall include in the application for a grant under
this section a description of plans for family resource and support
programs and for the coordination of the use of all funds received under
this part.
(Pub. L. 101-501, title IX, 931, Nov. 3, 1990, 104 Stat. 1271.)
/1/ So in original. No subsec. (d) has been enacted.
42 USC -- 12338. Supportive services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
The Commissioner shall carry out a program for making grants to a
State, that has designated an independent State body under section 12336
of this title and provided for coordinated services under section 12337
of this title, for distribution by the chief executive officer under a
State plan approved under section 12337 of this title to demonstrate
successful program approaches to fill service gaps identified through
State planning and advocacy efforts for any of the areas specified in
paragraph (2).
(b) Eligible services
The services eligible to be provided under subsection (a) of this
section are services --
(1) that are designed to facilitate the provision of comprehensive
community based services that are efficient, coordinated, and readily
available through such activities as case planning, case management,
intake and assessment, and information and referral; and
(2) that serve any of the following purposes --
(A) provide adequate and safe physical shelter to young individuals
and the families of such individuals, especially in emergency
circumstances;
(B) provide transitional living services to young individuals who are
homeless;
(C) enable young individuals to attain and maintain physical and
mental well-being;
(D) provide health screening to detect or prevent illnesses, or both,
that occur most frequently in young individuals as well as better
treatment and counseling;
(E) enhance the development of children to ensure that such children
enter school prepared and ready to learn;
(F) promote the highest quality of educational opportunity,
especially through drop-out prevention programs, remediation for young
individuals who have dropped out of school, and vocational education;
(G) provide effective training apprenticeships and employment
opportunities;
(H) promote participation in community service and civic, cultural,
and recreational activities that value young individuals as resources
and promote self-esteem and a stake in the community;
(I) promote the participation of young individuals in decisions
concerning planning and managing the lives of such individuals;
(J) encourage young individuals and the families of such individuals
to use any community facilities and services that are available to such
individuals;
(K) ensure that young individuals who are unable to live with the
biological families of such individuals have a safe place to live until
such individuals can return home or move into independent adult life;
and
(L) prevent the abuse, neglect, or exploitation of young individuals.
(Pub. L. 101-501, title IX, 932, Nov. 3, 1990, 104 Stat. 1273.)
42 USC -- 12339. Family resource and support program grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
The Commissioner shall make grants under this section to States on a
competitive basis, for the purpose of developing, expanding, and
operating a network of local family resource and support programs in
collaboration with existing health, mental health, education, employment
and training, child welfare, and other social services agencies within
the State.
(b) Amount of grant
The amount of a grant awarded under this section for the first year
in which a program is operated or expanded under this section shall not
exceed $6,000,000 nor be less than $1,500,000 based on an assessment by
the Commissioner of the application submitted by the State under
subsection (d) of this section, the scope of the proposed program to be
operated or expanded, and the population to be served by the program.
(c) Duration
(1) In general
A grant awarded under this section shall be for a term of 3 years.
(2) Limitation
(A) Use
During the 12-month period immediately after the date on which the
grant is awarded to a State under this section, the State may use the
funds received under such grant exclusively for program development.
Subsequent to such period grant funds shall be used for program
implementation and operation unless the Commissioner grants a waiver
from this limitation.
(B) Reporting requirements
To receive funds after the period referred to in subparagraph (A) and
after the 12-month period immediately following such initial period, the
State shall report to the Commissioner concerning the plans of the State
for --
(i) the establishment and expansion of a network of family resource
and support programs in the State;
(ii) the number of family resource and support programs that have
been expanded or newly established with grant funds under this section;
(iii) the nature of those programs, including the populations served
and services provided; and
(iv) the extent of local community and parental participation in the
development, operation, and governance of the programs.
(d) Application
To be eligible to receive a grant under this section a State shall
prepare and submit, to the Commissioner, an application at such time, in
such form, and containing such information as the Commissioner shall
require, including --
(1) an assurance that the chief executive officer of the State will
designate a lead agency to assume responsibility for the development and
implementation of family resource and support programs;
(2) an assurance that the State has a process for effective program
development that --
(A) does not duplicate current processes or programs;
(B) makes publicly available a written plan for the establishment of
a network of local family resource and support programs; and
(C) involves appropriate personnel in the development process,
including --
(i) parents and prospective participants in family resource and
support programs;
(ii) staff of existing family resource and support programs;
(iii) representatives of State and local government social service,
health, mental health, education, employment, and economic development
agencies;
(iv) representatives of the business community;
(v) representatives of general purpose local government;
(vi) representatives of local communities in which family resource
and support programs are likely to be located; and
(vii) other individuals with expertise in the services that the
family resource and support programs of the State intend to offer;
(3) a description of the current family support programs in the
State, the current unmet need for such services, and the intended scope
of the State family resource and support program, the population to be
served, the manner in which the program will be operated, and the manner
in which such program will relate to other community services and public
agencies;
(4) a description of the projected level of financial commitment by
the State to developing a family resource and support program;
(5) a description of the core services, as required under this part,
and other support services to be provided by the program and the manner
in which such services will be provided;
(6) assurances that the State program will maintain cultural
diversity;
(7) a description of the guidelines for requiring parental
involvement in State and local program development, policy design, and
governance and the process for assessing and demonstrating that parental
involvement in program development, operation, and governance occurs;
(8) an assurance that, in awarding local grants, priority will be
given to programs serving low-income communities and programs serving
young parents;
(9) a description of the local interagency planning process to be
utilized to develop and implement local family resource and support
programs;
(10) a description of the criteria that the State will utilize for
awarding grants for local programs so that they meet the requirements of
subsection (f) of this section;
(11) a plan for providing training, technical assistance, and other
assistance to local communities in program development;
(12) a description of the methods to be utilized to evaluate the
implementation and effectiveness of the family resource and support
programs within the State; and
(13) a description of proposed actions by the State that will reduce
practical and regulatory barriers to the provision of comprehensive
services to families, including family resource and support programs.
(e) Criteria
In determining whether to award a grant to a State under this section
the Commissioner shall consider --
(1) the plans for program development, expansion, and operation by
the State, including the amount of training, technical assistance and
other support that the State will provide to local communities in the
development and operation of their programs;
(2) the established guidelines for requiring and assessing parental
involvement in local program development, policy design, and goverance;
/1/
(3) the budget of the State for the expenditure of Federal and State
funds and the ability of the program to secure financial commitments
from a variety of sources, including public and private entities; and
(4) any other factors determined appropriate by the Commissioner.
(f) Local program requirements
A State that receives a grant under such section shall use such grant
to establish local family resource and support programs that --
(1) implement a community planning process involving parents, local
public and private non-profit agencies responsible for providing health,
education, employment training, Head Start and other early childhood,
child welfare, and other social services to determine local family
needs, and identify appropriate community agencies to administer such
programs locally;
(2) provide core services, and other services directly or through
contracts or agreements with other local agencies; and
(3) involve parents in the development, operation, and governance of
the program.
(Pub. L. 101-501, title IX, 933, Nov. 3, 1990, 104 Stat. 1274.)
/1/ So in original. Probably should be ''governance;''.
42 USC -- 12340. Authorization of appropriation and allotment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Administration on Children, Youth, and Families; State
coordination; supportive services
(1) Authorization of appropriations
There are authorized to be appropriated to carry out sections 12315,
12337, and 12338 of this title, $30,000,000 for fiscal year 1991 and
such sums as may be necessary for fiscal years 1992, 1993, and 1994.
Funds appropriated under this paragraph shall remain available for
expenditure in the fiscal year succeeding the fiscal year for which such
funds are appropriated.
(2) Availability of appropriation
Of the amount appropriated under paragraph (1) for any fiscal year --
(A) not more than 10 percent shall be available to carry out section
12315 of this title; and
(B) not less than 90 percent shall be available to carry out sections
12337 and 12338 of this title.
(3) Allotment formula
Except as provided in paragraph (4), from the amount available under
paragraph (2)(B) for each fiscal year, a State shall be allotted an
amount that bears the same ratio to the amount appropriated for such
fiscal year as the population of the State that is under the age of 21
bears to the population of all States that is under the age of 21.
(4) Exceptions
(A) In general
Except as provided in subparagraph (B) and subject to the
availability of appropriations under paragraph (1), no State shall be
allotted less than $300,000 under the formula established under
paragraph (3).
(B) Limitation on allotment
Notwithstanding subparagraph (A), Guam, the Virgin Islands, the Trust
Territory of the Pacific Islands, American Samoa, and the Commonwealth
of the Northern Mariana Islands shall each be allotted not less than
$75,000 under the formula established under paragraph (2).
(b) Determination of age
The number of individuals under the age of 21 in each State shall be
determined by the Commissioner on the basis of the most recent data
available to the Commissioner.
(c) Transfer of allotted funds
Whenever the Commissioner determines that --
(1) any amount allotted to a State for a fiscal year under section
12337 or 12338 of this title will not be used by such State for carrying
out the purpose for which such allotment was made; or
(2) a State has failed to qualify under the State plan required under
section 12335 of this title;
the Commissioner shall make such allotment available for carrying out
such purposes to other participating States in a proportional manner
based on the relative population of the State of individuals under the
age of 21.
(d) Family resource and support programs
There are authorized to be appropriated to carry out section 12339 of
this title, $30,000,000 for fiscal year 1991, and such sums as may be
necessary for each of the fiscal years 1992 through 1994.
(e) Limitation
A State shall not use in excess of 10 percent of a grant awarded
under section 12338 or 12339 of this title for administrative activities
at the State level.
(f) Grants for Indians
The Commissioner shall use 1 percent of the amount appropriated under
this section for each fiscal year to make allotments to Indian tribes
and tribal organizations (such terms having the same meaning given to
such terms in section 450b(b) and (c) of title 25) that submit to the
Commissioner a plan that meets criteria consistent with the provisions
of this part and that comply with other requirements established by the
Commissioner.
(g) Limitation
Grants made under this subchapter may be used to pay not more than 80
percent of the cost of --
(1) the preparation, administration, and evaluation of State plans
under section 12337 of this title;
(2) the development of comprehensive, efficient, coordinated
supportive services under section 12338 of this title; and
(3) the development, expansion, and operation of local family support
and resource programs under section 12339 of this title.
The remaining 20 percent of such cost shall be paid by the State with
funds from non-Federal sources.
(Pub. L. 101-501, title IX, 934, Nov. 3, 1990, 104 Stat. 1277.)
42 USC -- Part C -- National Clearinghouse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12351. Findings and purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
Congress finds that --
(1) fundamental changes in the demographics and economics of family
life in the United States over the past 20 years have had a profound
effect on children and their parents;
(2) since 1966, the number of women working outside the home has
increased by 92 percent and the number of two earner families has
increased by over 50 percent;
(3) 61 percent of the children born today will live in a
single-parent family before reaching the age of 20, with one out of
every three single female heads of households living on income below the
Federal poverty level;
(4) one out of every four children under the age of 6 in the United
States currently lives below the Federal poverty level;
(5) over the past 10 years, parents have increasingly come together
with other parents to organize family resource and support programs that
promote healthy child development and increase parental competency,
particularly families at risk; and
(6) Federal investment in promoting the development of family
resource and support programs will reap long-term benefits for
individual families and the nation as a whole.
(b) Purpose
It is the purpose of this part /1/ to --
(1) stimulate the development and expansion of family resource and
support programs that are prevention oriented;
(2) encourage early intervention of such programs with families to
ameliorate problem situations before such situations become crises; and
(3) assist parents in enhancing their children's development to
ensure that their children enter school prepared and ready to learn.
(Pub. L. 101-501, title IX, 956, Nov. 3, 1990, 104 Stat. 1278.)
This part, referred to in subsec. (b), was in the original ''this
Act'', and was translated as reading ''this chapter'', meaning chapter 3
( 955-960) of subtitle A of title IX of Pub. L. 101-501, known as the
Family Resources Act, to reflect the probable intent of Congress.
/1/ See References in Text note below.
42 USC -- 12352. ''Family resource and support programs'' defined
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this part, the term ''family resource and support
programs'' means community-based services that offer sustained
assistance to families at various stages in their development. Such
services shall promote parental competencies and behaviors that will
lead to the healthy and positive personal development of parents and
children through --
(1) the provision of assistance to build family skills and assist
parents in improving their capacities to be supportive and nurturing
parents;
(2) the provision of assistance to families to enable such families
to use other formal and informal resources and opportunities for
assistance that are available within the communities of such families;
and
(3) the creation of supportive networks to enhance the childrearing
capacity of parents and assist in compensating for the increased social
isolation and vulnerability of families.
(Pub. L. 101-501, title IX, 957, Nov. 3, 1990, 104 Stat. 1278.)
42 USC -- 12353. Establishment of National Center on Family Resource
and Support Programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Commissioner shall establish, through grant or contract, a
national center for the collection and provision of programmatic
information and technical assistance that relates to all types of family
resource and support programs, to be known as the ''National Center on
Family Resource and Support Programs''.
(b) Functions
The national center established under subsection (a) of this section
shall serve as a national information and data clearinghouse, training,
technical assistance, and material development source for family
resource and support programs. Such center shall --
(1) develop and maintain a system for disseminating information on
all types of family resource and support programs and on the state of
family resource and support program development, including information
concerning the most effective model programs;
(2) develop and sponsor a variety of training institutes and
curricula for family resource and support program staff;
(3) identify several model programs representing the various types of
family resource and support programs to develop technical assistance
materials and activities to assist other agencies in establishing family
resource and support programs; and
(4) develop State-wide networks of family resource and support
programs for the purpose of sharing and disseminating information.
(Pub. L. 101-501, title IX, 958, Nov. 3, 1990, 104 Stat. 1279.)
42 USC -- 12354. Evaluation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commissioner shall, through grants or contracts awarded or
entered into with independent auditors, conduct evaluations and related
activities, of family resource and support programs, including --
(1) evaluations of on-going programs;
(2) process evaluations focusing on implementation strategies; and
(3) the development of simple evaluation models for use by local
family resource and support programs.
(Pub. L. 101-501, title IX, 959, Nov. 3, 1990, 104 Stat. 1279.)
42 USC -- 12355. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment of Center
To carry out section 12353 of this title, there are authorized to be
appropriated $2,300,000 for fiscal year 1991, and such sums as may be
necessary for each of the fiscal years 1992 through 1994.
(b) Evaluation
To carry out section 12354 of this title, there are authorized to be
appropriated $700,000 for fiscal year 1991, and such sums as may be
necessary for each of the fiscal years 1992 through 1994.
(Pub. L. 101-501, title IX, 960, Nov. 3, 1990, 104 Stat. 1279.)
42 USC -- SUBCHAPTER II -- WHITE HOUSE CONFERENCE ON CHILDREN, YOUTH,
AND FAMILIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12371. Findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
The Congress finds that --
(1) children and youth are inherently our most valuable resource and
their welfare, protection, healthy development, and positive role in
society are essential to the Nation;
(2) children and youth deserve love, respect, and guidance, as well
as good health, shelter, food, education, productive work, and
preparation for responsible participation in community life;
(3) an increasing opportunity for children and youth to participate
in the decisions that affect their lives is essential;
(4) the family is the primary caregiver and the source of social
learning which must be supported and strengthened, but when families are
unable to ensure the satisfaction of the needs of children and youth, it
is society's responsibility to assist them;
(5) at a minimum, all children and youth need and deserve access to
--
(A) the best possible physical and mental health;
(B) adequate and safe physical shelter;
(C) the highest quality of educational opportunity;
(D) effective training, apprenticeships, opportunities for community
service, and productive employment;
(E) the widest range of civic, cultural, and recreational activities
which recognize young Americans as resources and promote self-esteem and
a stake in their communities;
(F) comprehensive community services which are efficient,
coordinated, and readily available; and
(G) genuine participation in decisions concerning the planning and
managing of their lives; and
(6) there is a great need for a comprehensive national policy with
respect to young individuals, designed to engage Federal, State, and
local government agencies, youth organizations, and other voluntary
organizations.
(b) Statement of policy
It is the policy of the Congress that the Federal Government should
work jointly with the States and their citizens to develop
recommendations and plans for action to meet the challenge and needs of
young individuals.
(Pub. L. 101-501, title IX, 982, Nov. 3, 1990, 104 Stat. 1280.)
42 USC -- 12372. Authority of President and Secretary; final report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Calling of Conference
The President shall call a White House Conference on Children, Youth,
and Families in 1993 in order to develop recommendations for further
action in the field of children, youth, and families which will further
the policy set forth in section 12371(b) of this title. The Conference
shall be planned and conducted under the direction of the Secretary in
cooperation with the Commissioner and with the heads of such other
Federal departments and agencies as are appropriate. Such assistance
may include the assignment of personnel.
(b) Purposes of Conference
The purposes of the Conference shall be --
(1) to increase the public awareness of the value and needs of young
individuals;
(2) to examine the well-being of young individuals as well as the
problems which they face;
(3) to describe the extent to which young individuals with identified
needs do not receive services to meet such needs;
(4) to determine the reasons why young individuals are not receiving
needed services; and
(5) to develop such specific and comprehensive recommendations for
executive and legislative action as may be appropriate to improve the
well-being of youth and their families.
(c) Conference participants and delegates
(1) Participants
In order to carry out the purposes of the Conference, the Conference
shall bring together --
(A) representatives of Federal, State, and local governments,
including representatives of the General Accounting Office;
(B) professionals who are working in the field of children, youth,
and families; and
(C) representatives of the general public, particularly young
individuals.
(2) Selection of delegates
The delegates to attend the Conference shall be selected without
regard to political affiliation or past partisan activity and shall, to
the best of the appointing authority's ability, be representative of the
spectrum of thought in the field of children, youth, and families.
(Pub. L. 101-501, title IX, 983, Nov. 3, 1990, 104 Stat. 1280.)
42 USC -- 12373. Conference administration
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Administration
For purposes of carrying out this subchapter, the Secretary shall --
(1) request the cooperation and assistance of the heads of such other
Federal departments and agencies as may be appropriate;
(2) furnish all reasonable assistance to State agencies administering
programs related to children, youth and families, and to other
appropriate organizations, to enable them to organize and conduct
conferences in conjunction with the Conference;
(3) prepare and make available for public comment a proposed agenda
for the Conference which reflects, to the greatest extent possible, the
major issues facing children, youth, and families consistent with
subsection (a) of this section;
(4) prepare and make available background materials which the
Secretary deems necessary for the use of delegates to the Conference;
and
(5) engage such additional personnel as may be necessary to carry out
this section without regard to provisions of title 5 governing
appointments in the competitive service, and without regard to chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(b) Duties
The Secretary shall, in carrying out the Secretary's responsibilities
and functions under this section, ensure that --
(1) the conferences under subsection (a)(2) of this section will be
conducted so as to ensure broad participation of young individuals;
(2) the proposed agenda for the Conference under subsection (a)(3) of
this section is published in the Federal Register not less than 180 days
before the beginning of the Conference and the proposed agenda is open
for public comment for a period of not less than 60 days;
(3) the final agenda for the Conference, taking into consideration
the comments received under paragraph (2), is published in the Federal
Register and transmitted to the chief executive officers of the States
not later than 30 days after the close of the public comment period
provided for under paragraph (2);
(4) the personnel engaged under subsection (a)(5) of this section
shall be fairly balanced in terms of points of views represented and
shall be appointed without regard to political affiliation or previous
partisan activities;
(5) the recommendations of the Conference are not inappropriately
influenced by any appointing authority or by any special interest, but
will instead be the result of the independent judgment of the
Conference; and
(6) to the extent practicable, current and adequate statistical data
(including decennial census data) and other information on the
well-being of young individuals in the United States are readily
available, in advance of the Conference, to the delegates of the
Conference, together with such information as may be necessary to
evaluate Federal programs and policies relating to children and youth.
In carrying out this subparagraph, the Secretary may make grants to, and
enter into contracts with, public agencies and nonprofit private
organizations.
(Pub. L. 101-501, title IX, 984, Nov. 3, 1990, 104 Stat. 1281.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (a)(5), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
42 USC -- 12374. Conference committees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Advisory committee
The Secretary shall establish an advisory committee to the Conference
which shall include representatives from the Federal Council on
Children, Youth, and Families, public agencies and nonprofit private
organizations as appropriate.
(b) Other committees
The Secretary may establish such other committees, including
technical committees, as may be necessary to assist in the planning,
conducting, and reviewing of the Conference.
(c) Composition of committees
Each committee established under this section shall be composed of
professionals and public members, and shall include individuals from
low-income families and from minority groups.
(d) Compensation
Members of any committee established under this section (other than
any officers or employees of the Federal Government), while attending
conferences or meetings of the committee or otherwise serving at the
request of the Secretary, shall be entitled to receive compensation at a
rate to be fixed by the Secretary, but not to exceed the daily rate
payable for GS-18 of the General Schedule under section 5332 of title 5
(including travel time). While away from their homes or regular places
of business, such members may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized under section 5703 of such
title for persons employed intermittently in Federal Government service.
(Pub. L. 101-501, title IX, 985, Nov. 3, 1990, 104 Stat. 1282.)
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC -- 12375. Report of Conference
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Proposed report
A proposed report of the Conference which shall include a statement
of comprehensive coherent national policy on children, youth, and
families together with recommendations for the implementation of such
policy, shall be published and submitted to the chief executive officers
of the States not later than 180 days following the date on which the
Conference is adjourned. The findings and recommendations included in
the published proposed report shall be available immediately to the
public.
(b) Response to proposed report
The chief executive officers of the States, after reviewing and
soliciting recommendations and comments on the proposed report of the
Conference, shall submit to the Secretary, not later than 180 days after
receiving such report, their views and findings on the recommendations
of the Conference.
(c) Final report
Not later than 180 days after submission of the views and comments of
the chief executive officers of the States, the Secretary shall --
(1) prepare a final report on the conference, which shall include --
(A) a statement of the policy and recommendations of the Conference;
(B) the views and comments of the chief executive officers of the
States; and
(C) the recommendations of the Secretary, after taking into
consideration the views and comments of such officers, for
administrative and legislative action necessary to implement the
recommendations of the Conference; and
(2) publish and transmit such report to the President and the
chairman of the Committee on Education and Labor of the House of
Representatives and chairman of the Committee on Labor and Human
Resources of the Senate.
(Pub. L. 101-501, title IX, 986, Nov. 3, 1990, 104 Stat. 1282.)
42 USC -- 12376. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this subchapter --
(1) the term ''Conference'' means the 1993 White House Conference on
Children, Youth, and Families; and
(2) the terms ''child'', ''youth'', and ''young individual'' means
/1/ an individual who is less than 21 years of age.
(Pub. L. 101-501, title IX, 987, Nov. 3, 1990, 104 Stat. 1283.)
/1/ So in original. Probably should be ''mean''.
42 USC -- 12377. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization
There are authorized to be appropriated such sums as may be
necessary, for each of the fiscal years 1993 and 1994, to carry out this
subchapter. Sums appropriated under this subsection shall remain
available until the expiration of the 1-year period beginning on the
date the Conference is adjourned. New spending authority or authority
to enter into contracts as provided in this subchapter shall be
effective only to the extent and in such amounts as are provided in
advance in appropriations Acts.
(b) Return of unexpended funds
Any funds remaining upon the expiration of the 1-year period referred
to in subsection (a) of this section shall be returned to the Treasury
of the United States and credited as miscellaneous receipts.
(Pub. L. 101-501, title IX, 988, Nov. 3, 1990, 104 Stat. 1283.)
42 USC -- CHAPTER 128 -- HYDROGEN RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12401. Finding, purposes, and definitions.
(a) Finding.
(b) Purposes.
(c) Definitions.
12402. Comprehensive management plan.
(a) Plan.
(b) Contents of plan.
(c) Demonstration plan.
12403. Research and development.
(a) Program.
(b) Research.
(c) Renewable energy priority.
(d) New technologies.
(e) Information.
12404. Demonstrations.
(a) Requirement.
(b) Small-scale demonstrations.
12405. Technology transfer program.
(a) Program.
(b) Information.
12406. Coordination and consultation.
(a) Secretary's responsibility.
(b) Assistance.
(c) Consultation.
12407. Technical panel.
(a) Establishment.
(b) Membership.
(c) Cooperation.
(d) Review.
(e) Support.
12408. Authorization of appropriations.
42 USC -- 12401. Finding, purposes, and definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Finding
Congress finds that it is in the national interest to accelerate
efforts to develop a domestic capability to economically produce
hydrogen in quantities that will make a significant contribution toward
reducing the Nation's dependence on conventional fuels.
(b) Purposes
The purposes of this chapter are --
(1) to direct the Secretary to prepare a comprehensive 5-year
comprehensive program management plan that will identify and resolve
critical technical issues necessary for the realization of a domestic
capability to produce, distribute, and use hydrogen economically within
the shortest time practicable;
(2) to direct the Secretary to develop a technology assessment and
information transfer program among the Federal agencies and aerospace,
transportation, energy, and other entities; and
(3) to develop renewable energy resources as a primary source of
energy for the production of hydrogen.
(c) Definitions
As used in this chapter, the term:
(1) ''critical technology'' (or ''critical technical issue'') means a
technology (or issue) that, in the opinion of the Secretary, requires
understanding and development in order to take the next needed step in
the development of hydrogen as an economic fuel or storage medium; and
(2) ''Secretary'' means the Secretary of Energy.
(Pub. L. 101-566, 102, Nov. 15, 1990, 104 Stat. 2797.)
Section 101 of Pub. L. 101-566 provided that: ''This Act (enacting
this chapter) may be referred to as the 'Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990'.''
42 USC -- 12402. Comprehensive management plan
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Plan
The Secretary shall prepare a comprehensive 5-year program management
plan for research and development activities, which shall be conducted
over a period of no less than 5 years and shall be consistent with the
provisions of sections 12403 and 12404 of this title. In the
preparation of such plan, the Secretary shall consult with the
Administrator of the National Aeronautics and Space Administration, the
Secretary of Transportation, the Hydrogen Technical Advisory Panel
established under section 12407 of this title, and the heads of such
other Federal agencies and such public and private organizations as he
deems appropriate. The plan shall be structured to identify and address
areas of research critical to the realization of a domestic hydrogen
production capability within the shortest time practicable.
(b) Contents of plan
Within 180 days after November 15, 1990, the Secretary shall transmit
the comprehensive program management plan to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate. Subsequent plans shall
be incorporated in the management plan under this section. The plan
shall include --
(1) a prioritization of research areas critical to the economic use
of hydrogen as a fuel and energy storage medium;
(2) the program elements, management structure, and activities,
including program responsibilities of individual agencies and individual
institutional elements;
(3) the program strategies including technical milestones to be
achieved toward specific goals during each fiscal year for all major
activities and projects;
(4) the estimated costs of individual program items, including
current as well as proposed funding levels for each of the 5 years of
the plan for each of the participating agencies;
(5) a description of the methodology of coordination and technology
transfer; and
(6) the proposed participation by industry and academia in the
planning and implementation of the program.
(c) Demonstration plan
The Secretary shall, in consultation with the Secretary of
Transportation, the Administrator of the National Aeronautics and Space
Administration, and the Hydrogen Technical Advisory Panel established
under section 12407 of this title, also prepare a comprehensive
large-scale hydrogen demonstration plan with respect to demonstrations
carried out pursuant to section 12404 of this title. Subsequent plans
shall be incorporated in the management plan under this section. Such
plan shall include --
(1) a description of the necessary research and development
activities that must be completed before initiation of a large-scale
hydrogen production and storage demonstration program;
(2) an assessment of the appropriateness of a large-scale
demonstration immediately upon completion of the necessary research and
development activities;
(3) an implementation schedule with associated budget and program
management resource requirements; and
(4) a description of the role of the private sector in carrying out
the demonstration program.
(Pub. L. 101-566, 103, Nov. 15, 1990, 104 Stat. 2797.)
42 USC -- 12403. Research and development
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Program
The Secretary shall conduct a research and development program,
consistent with the comprehensive 5-year program management plan under
section 12402 of this title, to ensure the development of a domestic
hydrogen fuel production capability within the shortest time practicable
consistent with market conditions.
(b) Research
(1) Particular attention shall be given to developing an
understanding and resolution of all critical technical issues preventing
the introduction of hydrogen into the marketplace.
(2) The Secretary shall initiate research or accelerate existing
research in critical technical issues that will contribute to the
development of more economic hydrogen production and use, including, but
not limited to, critical technical issues with respect to production,
liquefaction, transmission, distribution, storage, and use (including
use of hydrogen in surface transportation).
(c) Renewable energy priority
The Secretary shall give priority to those production techniques that
use renewable energy resources as their primary source of energy for
hydrogen production.
(d) New technologies
The Secretary shall, for the purpose of performing his
responsibilities pursuant to this chapter, solicit proposals for and
evaluate any reasonable new or improved technology that could lead or
contribute to the development of economic hydrogen production storage
and utilization.
(e) Information
The Secretary shall conduct evaluations, arrange for tests and
demonstrations, and disseminate to developers information, data, and
materials necessary to support efforts undertaken pursuant to this
section, consistent with section 12405 of this title.
(Pub. L. 101-566, 104, Nov. 15, 1990, 104 Stat. 2798.)
42 USC -- 12404. Demonstrations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Requirement
The Secretary shall conduct demonstrations of critical technologies,
preferably in self-contained locations, so that technical and
non-technical parameters can be evaluated to best determine commercial
applicability of the technology.
(b) Small-scale demonstrations
Concurrently with activities conducted pursuant to section 12403 of
this title, the Secretary shall conduct small-scale demonstrations of
hydrogen technology at self-contained sites.
(Pub. L. 101-566, 105, Nov. 15, 1990, 104 Stat. 2799.)
42 USC -- 12405. Technology transfer program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Program
The Secretary shall conduct a program designed to accelerate wider
application of hydrogen production, storage, utilization, and other
technologies available in near term as a result of aerospace experience
as well as other research progress by transferring critical technologies
to the private sector. The Secretary shall direct the program with the
advice and assistance of the Hydrogen Technical Advisory Panel
established under section 12407 of this title. The objective in seeking
this advice is to increase participation of private industry in the
demonstration of near commercial applications through cooperative
research and development arrangements, joint ventures or other
appropriate arrangements involving the private sector.
(b) Information
The Secretary, in carrying out the program authorized by subsection
(a) of this section, shall --
(1) undertake an inventory and assessment of hydrogen technologies
and their commercial capability to economically produce, store, or
utilize hydrogen in aerospace, transportation, electric utilities,
petrochemical, chemical, merchant hydrogen, and other industrial
sectors; and
(2) develop a National Aeronautics Space Administration, Department
of Energy, and industry information exchange program to improve
technology transfer for --
(A) application of aerospace experience by industry;
(B) application of research progress by industry and aerospace;
(C) application of commercial capability of industry by aerospace;
and
(D) expression of industrial needs to research organizations.
The information exchange program may consist of workshops,
publications, conferences, and a data base for the use by the public and
private sectors.
(Pub. L. 101-566, 106, Nov. 15, 1990, 104 Stat. 2799.)
42 USC -- 12406. Coordination and consultation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Secretary's responsibility
The Secretary shall have overall management responsibility for
carrying out programs under this chapter. In carrying out such
programs, the Secretary, consistent with such overall management
responsibility --
(1) shall use the expertise of the National Aeronautics and Space
Administration and the Department of Transportation; and
(2) may use the expertise of any other Federal agency in accordance
with subsection (b) of this section in carrying out any activities under
this chapter, /1/ to the extent that the Secretary determines that any
such agency has capabilities which would allow such agency to contribute
to the purpose of this chapter.
(b) Assistance
The Secretary may, in accordance with subsection (a) of this section,
obtain the assistance of any department, agency, or instrumentality of
the Executive branch of the Federal Government upon written request, on
a reimbursable basis or otherwise and with the consent of such
department, agency, or instrumentality. Each such request shall
identify the assistance the Secretary deems necessary to carry out any
duty under this chapter.
(c) Consultation
The Secretary shall consult with the Administrator of the National
Aeronautics and Space Administration, the Administrator of the
Environmental Protection Agency, the Secretary of Transportation, and
the Hydrogen Technical Advisory Panel established under section 12407 of
this title in carrying out his authorities pursuant to this chapter.
(Pub. L. 101-566, 107, Nov. 15, 1990, 104 Stat. 2800.)
This chapter, the first time appearing in subsec. (a)(2), was in the
original ''this title'', and was translated as reading ''this Act''
meaning Pub. L. 101-566, to reflect the probable intent of Congress,
because Pub. L. 101-566 is not divided into titles.
/1/ See References in Text note below.
42 USC -- 12407. Technical panel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
There is hereby established the Hydrogen Technical Advisory Panel
(the ''technical panel''), to advise the Secretary on the programs under
this chapter.
(b) Membership
The technical panel shall be appointed by the Secretary and shall be
comprised of such representatives from domestic industry, universities,
professional societies, Government laboratories, financial,
environmental, and other organizations as the Secretary deems
appropriate based on his assessment of the technical and other
qualifications of such representatives. Appointments to the technical
panel shall be made within 90 days after November 15, 1990. The
technical panel shall have a chairman, who shall be elected by the
members from among their number.
(c) Cooperation
The heads of the departments, agencies, and instrumentalities of the
Executive branch of the Federal Government shall cooperate with the
technical panel in carrying out the requirements of this section and
shall furnish to the technical panel such information as the technical
panel deems necessary to carry out this section.
(d) Review
The technical panel shall review and make any necessary
recommendations to the Secretary on the following items --
(1) the implementation and conduct of programs under this chapter;
(2) the economic, technological, and environmental consequences of
the deployment of hydrogen production and use systems; and
(3) comments on and recommendations for improvements in the
comprehensive 5-year program management plan required under section
12402 of this title.
(e) Support
The Secretary shall provide such staff, funds and other support as
may be necessary to enable the technical panel to carry out the
functions described in this section.
(Pub. L. 101-566, 108, Nov. 15, 1990, 104 Stat. 2800.)
Advisory panels established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a panel established by the
President or an officer of the Federal Government, such panel is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a panel established by Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
42 USC -- 12408. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There is hereby authorized to be appropriated to carry out the
purposes of this chapter (in addition to any amounts made available for
such purposes to other Acts) --
(1) $3,000,000 for the fiscal year 1992;
(2) $7,000,000 for the fiscal year 1993; and
(3) $10,000,000 for the fiscal year 1994.
(Pub. L. 101-566, 109, Nov. 15, 1990, 104 Stat. 2801.)
42 USC -- CHAPTER 129 -- NATIONAL AND COMMUNITY SERVICE
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12501. Purposes.
12511. Definitions.
12512. Authority to make State grants.
12521. General authority.
(a) In general.
(b) Direct grants.
12522. Allotments.
(a) Reservations.
(b) Allotment.
(c) Limitation.
(d) Reallotment.
(e) Exception.
(f) Definitions.
12523. State application.
12524. Local applications.
(a) In general.
(b) Requirements of proposal.
(c) School-based and community-based service learning program.
(d) Partnership program.
12525. Priority; private school participation.
(a) In general.
(b) Adult volunteer and partnership program.
(c) Participation of children and teachers from private schools.
12526. Federal and local contributions.
(a) Federal share.
(b) Waiver.
12527. Uses of funds; limitations.
(a) State uses of funds.
(b) Authorized activities for local projects.
12531. Higher education innovative projects for community service.
(a) Purpose.
(b) General authority.
(c) Federal share.
(d) Application for grant.
12541. General authority.
12542. Allocation of funds.
(a) Competitive grant.
(b) Direct grants.
(c) Limitation.
(d) Reservation.
(e) Equitable funding of conservation and service programs.
12543. State application.
(a) Submission.
(b) General content.
(c) Specific content.
(d) Grant program.
12544. Focus of programs.
(a) In general.
(b) Ineligible service categories.
(c) Limitation on service.
12545. Related programs.
12546. Public lands or Indian lands.
(a) Limitation.
(b) Review of applications.
(c) Consistency.
(d) Participation by other conservation programs.
12547. Training and education services.
(a) Assessment of skills.
(b) Enhancement of skills.
(c) Provision of pre-service and in-service training and education.
(d) Standards and procedures.
12548. Amount of award; matching requirement.
(a) Amount of award.
(b) Matching requirement.
12549. Preference for certain projects.
(a) In general.
(b) Special rule.
12550. Age and citizenship criteria for enrollment.
(a) Age and citizenship.
(b) Participation of disadvantaged youth.
(c) Special corps members.
(d) Joint projects with senior citizens organizations.
(e) Construction.
12551. Use of volunteers.
12552. Post-service benefits.
12553. Living allowance.
(a) Full-time service.
(b) Reduction in existing program benefits.
(c) Health insurance.
(d) Facilities, services, and supplies.
12554. Joint programs.
(a) Development.
(b) Standards.
(c) Operation of management agreements.
(d) Coordination.
12555. Federal and State employee status.
(a) In general.
(b) Non-Federal employees.
(c) Availability of appropriation.
12556. Repealed.
12571. General authority.
12572. Grants.
(a) Criteria for receiving applications.
(b) Diversity.
(c) Training and skills.
(d) Composition of programs.
(e) Design of programs.
(f) State application for grant.
(g) Number of States.
(h) Indian tribes.
12573. Types of national service.
12574. Terms of service.
(a) Length of service.
(b) Partial completion of service.
(c) Terms of service.
12575. Eligibility.
(a) Part-time.
(b) Full-time.
(c) Special senior service.
12576. Post-service benefits.
(a) Part-time.
(b) Full-time.
(c) Special senior service participant.
(d) Indexing.
(e) Post-service benefit.
12577. Living allowance.
(a) Full-time service.
(b) Reduction in existing program benefits.
(c) Health insurance.
(d) Special senior service participant.
12578. Training.
(a) Program training.
(b) Additional training.
(c) Agency or organization training.
(d) Accommodations for individuals with disabilities.
12579. Public-private partnership.
12580. In-service education benefits.
12591. Limitation on grants.
12601. General authority.
12602. Grants.
(a) Criteria for receiving applications.
(b) Authorized activities.
(c) Application for grant.
12611. Program authorized.
(a) General authority.
(b) Contract authority.
12612. Eligibility and selection procedures.
(a) Eligibility.
(b) Selection procedures.
12613. Training program.
12614. Educational benefits.
(a) Benefits provided.
(b) Form of benefits.
(c) Repayment of benefits.
(d) Collection by Secretary of Education.
12615. Evaluation and report.
12621. Rural youth service demonstration project.
12622. Assistance for Head Start.
12623. Employer-based retiree volunteer programs.
12631. Limitation on number of grants.
(a) In general.
(b) Number of applications.
(c) Multiple use.
12632. Reports.
(a) State reports.
(b) Report to Congress.
12633. Supplementation.
(a) In general.
(b) Aggregate expenditure.
12634. Prohibition on use of funds.
(a) Prohibited uses.
(b) Political activity.
(c) Contracts or collective bargaining agreements.
12635. Nondiscrimination.
(a) In general.
(b) Federal financial assistance.
(c) Religious discrimination.
(d) Rules and regulations.
12636. Notice, hearing, and grievance procedures.
(a) In general.
(b) Hearings.
(c) Transcript or recording.
(d) State legislation.
(e) Construction.
(f) Grievance procedure.
12637. Nonduplication and nondisplacement.
(a) Nonduplication.
(b) Nondisplacement.
(c) Labor market information.
(d) Treatment of benefits.
(e) Standards of conduct.
12638. State Advisory Board.
(a) Formation of Board.
(b) Members.
(c) Duties of Board.
12639. Evaluation.
(a) In general.
(b) Comparisons.
(c) Conducting evaluations.
(d) Standards.
(e) Community participation.
(f) Comparison of program models.
(g) Program objectives.
(h) Obtaining information.
(i) Deadline.
(j) Report.
12640. Engagement of participants.
12641. National service demonstration program amendments.
(a) Treatment of education and housing benefits.
(b) Treatment of stipend for living expenses.
(c) Contingent extension.
12642. Partnerships with schools.
(a) Design of programs.
(b) Report.
12643. Service as tutors.
12644. Drug-free workplace requirements.
12645. Regulations.
12651. Commission on National and Community Service.
(a) Establishment.
(b) Board of Directors.
(c) Duties.
(d) Executive Director of Board.
(e) Technical employees.
(f) Clearinghouses.
(g) Presidential Awards for services.
(h) Report.
12661. Findings and purpose.
(a) Findings.
(b) Purpose.
12662. Authority.
(a) In general.
(b) Construction.
12663. Grants to Foundation.
(a) In general.
(b) Interest earned on accounts.
12664. Eligibility of Foundation for grants.
(a) Compliance.
(b) Activities.
(c) Limitation.
(d) Compensation.
(e) Conflicts of interest.
(f) Political activity.
(g) Private sector contributions.
(h) Audit of accounts.
(i) Audits by agencies.
(j) Congressional oversight.
(k) Duties.
(l) Annual reports.
12671. Sense of Congress concerning enactment of Good Samaritan Food
Donation Act.
(a) In general.
(b) Distribution of copies.
12672. Model Good Samaritan Food Donation Act.
(a) Short title.
(b) Definitions.
(c) Liability for damages from donated food and grocery products.
(d) Collection or gleaning of donations.
(e) Partial compliance.
(f) Construction.
12673. Effect of section 12672.
12681. Authorization of appropriations.
(a) Subchapter I.
(b) Subchapter II.
42 USC -- 12501. Purposes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
It is the purpose of this chapter to --
(1) renew the ethic of civic responsibility in the United States;
(2) ask citizens of the United States, regardless of age or income,
to engage in full-time or part-time service to the Nation;
(3) begin to call young people to serve in programs that will benefit
the Nation and improve the life chances of the young through the
acquisition of literacy and job skills;
(4) enable young Americans to make a sustained commitment to service
by removing barriers to service that have been created by high education
costs, loan indebtedness, and the cost of housing;
(5) build on the existing organizational framework of Federal, State,
and local programs and agencies to expand full-time and part-time
service opportunities for all citizens, particularly youth and older
Americans;
(6) involve participants in activities that would not otherwise be
performed by employed workers; and
(7) generate additional service hours each year to help meet human,
educational, environmental, and public safety needs, particularly those
needs relating to poverty.
(Pub. L. 101-610, 2, Nov. 16, 1990, 104 Stat. 3129.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, known as the
National and Community Service Act of 1990, which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out below and Tables.
Pub. L. 102-10, 1, Mar. 12, 1991, 105 Stat. 29, provided that:
''This Act (enacting section 12645 of this title, amending sections
5091m, 12511, 12521, 12522, 12524, 12527, 12531, 12542 to 12544, 12548,
12553, 12575, 12576, 12602, 12638, and 12651 of this title, and
repealing section 12556 of this title) may be cited as the 'National and
Community Service Technical Amendments Act of 1991'.''
Section 1(a) of Pub. L. 101-610 provided that: ''This Act (enacting
this chapter, sections 5091 to 5091n of this title, and section 2452a of
Title 22, Foreign Relations and Intercourse, amending sections 1018c,
1018e, 1070a-6, 1087vv, 1092, and 1092b of Title 20, Education, and
section 546 of Title 45, Railroads, and enacting provisions set out as
notes under this section and section 546 of Title 45) may be cited as
the 'National and Community Service Act of 1990'.''
Section 110 of Pub. L. 101-610 provided that: ''This subtitle
(subtitle B ( 110-118) of title I of Pub. L. 101-610, enacting part B
of subchapter I of this chapter) may be cited a the 'Serve-America: The
Community Service, Schools and Service-Learning Act of 1990'.''
Section 120 of Pub. L. 101-610 provided that: ''This subtitle
(subtitle C ( 120-136) of title I of Pub. L. 101-610, enacting part C
of subchapter I of this chapter) may be cited as the 'American
Conservation and Youth Service Corps Act of 1990'.''
Section 140 of Pub. L. 101-610 provided that: ''This subtitle
(subtitle D ( 140-150) of title I of Pub. L. 101-610, enacting part D
of subchapter I of this chapter) may be cited as the 'National and
Community Service Act'.''
Section 301 of title III of Pub. L. 101-610 provided that: ''This
title (enacting subchapter II of this chapter) may be cited as 'The
Points of Light Foundation Act'.''
42 USC -- SUBCHAPTER I -- NATIONAL AND COMMUNITY SERVICE STATE GRANT
PROGRAM
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- Part A -- General Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12511. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subchapter:
(1) Adult volunteer
The term ''adult volunteer'' means --
(A) an individual who is beyond the age of compulsory schooling,
including an older American, an individual with a disability, and a
parent;
(B) an employee of a private business;
(C) an employee of a public or nonprofit agency; or
(D) any other individual working without financial remuneration in an
education institution to assist students or out-of-school youth.
(2) Commission
The term ''Commission'' means the Commission on National and
Community Service established under section 12651 of this title.
(3) Community-based agency
The term ''community-based agency'' means a private nonprofit
organization that is representative of a community or a significant
segment of a community and that is engaged in meeting human,
educational, or environmental community needs, including churches and
other religious entities and community action agencies.
(4) Crew supervisor
The term ''crew supervisor'' means the adult staff individual who is
responsible for supervising a crew of participants, including the crew
leader.
(5) Economically disadvantaged
The term ''economically disadvantaged'' with respect to youths has
the same meaning given such term in section 1503(8) of title 29.
(6) Elementary school
The term ''elementary school'' has the same meaning given such term
in section 2891(8) of title 20.
(7) Indian
The term ''Indian'' means a person who is a member of an Indian
tribe.
(8) Indian lands
The term ''Indian lands'' means any real property owned by an Indian
tribe, any real property held in trust by the United States for an
Indian or Indian tribes, and any real property held by an Indian or
Indian tribes that is subject to restrictions on alienation imposed by
the United States.
(9) Indian tribe
The term ''Indian tribe'' means an Indian tribe, band, nation, or
other organized group or community, including any Alaska Native village
or regional or village corporation as defined in or established pursuant
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that
is recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.
(10) Institution of higher education
The term ''institution of higher education'' has the same meaning
given such term in section 1141(a) of title 20.
(11) Local educational agency
The term ''local educational agency'' has the same meaning given such
term in section 2891(12) of title 20.
(12) Local government agency
The term ''local government agency'' means a public agency that is
engaged in meeting human, social, educational, or environmental needs.
(13) Out-of-school youth
The term ''out-of-school youth'' means an individual who --
(A) has not attained the age of 27;
(B) has not completed college or the equivalent thereof; and
(C) is not enrolled in an elementary or secondary school or
institution of higher education.
(14) Participant
The term ''participant'' means an individual enrolled in a program
that receives assistance under this subchapter. Participants shall not
be considered employees of the program.
(15) Partnership program
The term ''partnership program'' means a program through which adult
volunteers, public or private agencies, institutions of higher
education, or businesses assist a local educational agency.
Participants shall not be considered employees of the program.
(16) Placement
The term ''placement'' means the matching of a participant with a
specific project.
(17) Program
The term ''program'' means an activity carried out with assistance
provided under this subchapter.
(18) Program agency
The term ''program agency'' means --
(A) a Federal or State agency designated to manage a youth corps
program;
(B) the governing body of an Indian tribe that administers a youth
corps program; or
(C) a local applicant administering a youth corps program.
(19) Project
The term ''project'' means an activity that results in a specific
identifiable service or product that otherwise would not be done with
existing funds, and that does not duplicate the routine services or
functions of the employer to whom participants are assigned.
(20) Public lands
The term ''public lands'' means any lands or waters (or interest
therein) owned or administered by the United States or by an agency or
instrumentality of a State or local government.
(21) Secondary school
The term ''secondary school'' has the same meaning given such term in
section 2891(21) of title 20.
(22) Service-learning
The term ''service-learning'' means a method --
(A) under which students learn and develop through active
participation in thoughtfully organized service experiences that meet
actual community needs and that are coordinated in collaboration with
the school and community;
(B) that is integrated into the students' academic curriculum or
provides structured time for a student to think, talk, or write about
what the student did and saw during the actual service activity;
(C) that provides students with opportunities to use newly acquired
skills and knowledge in real-life situations in their own communities;
and
(D) that enhances what is taught in school by extending student
learning beyond the classroom and into the community and helps to foster
the development of a sense of caring for others.
(23) Service opportunity
The term ''service opportunity'' means a program or project,
including service learning programs or projects, that enables
participants to perform meaningful and constructive service in agencies,
institutions, and situations where the application of human talent and
dedication may help to meet human, educational, linguistic, and
environmental community needs, especially those relating to poverty.
(24) Special senior service participant
The term ''special senior service participant'' means an individual
who is age 60 or over and willing to work full-time or part-time in
conjunction with a full-time national service program.
(25) Sponsoring organization
The term ''sponsoring organization'' means an organization, eligible
to receive assistance under this subchapter, that has been selected to
provide a placement for a participant.
(26) State
The term ''State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and
Palau, until such time as the Compact of Free Association is ratified.
(27) State educational agency
The term ''State educational agency'' has the same meaning given such
term in section 2891(23) of title 20.
(28) Student
The term ''student'' means an individual who is enrolled in an
elementary or secondary school or institution of higher education on a
full- or part-time basis.
(29) Summer program
The term ''summer program'' means a youth corps program authorized
under this subchapter that is limited to the months of June, July, and
August.
(30) Youth corps program
The term ''youth corps program'' means a program, such as a
conservation corps or youth service corps program, that offers
full-time, productive work (to be financed through stipends) with
visible community benefits in a natural resource or human service
setting and that gives participants a mix of work experience, basic and
life skills, education, training, and support services.
(Pub. L. 101-610, title I, 101, Nov. 16, 1990, 104 Stat. 3129; Pub.
L. 102-10, 3, Mar. 12, 1991, 105 Stat. 29.)
This subchapter, referred to in introductory provision and pars.
(14), (17), (25), and (29), was in the original ''this title'', meaning
title I of Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3129, which
enacted this subchapter and amended sections 1070a-6 and 1087vv of Title
20, Education.
The Alaska Native Claims Settlement Act, referred to in par. (9), is
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 ( 1601 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and Tables.
1991 -- Par. (7). Pub. L. 102-10, 3(1), added par. (7). Former
par. (7) redesignated (8).
Par. (8). Pub. L. 102-10, 3(2), (3), redesignated par. (7) as (8)
and inserted ''an Indian or'' before ''Indian tribes'' in two places.
Former par. (8) redesignated (9).
Pars. (9) to (13). Pub. L. 102-10, 3(2), redesignated pars. (8) to
(12) as (9) to (13), respectively. Former par. (13) redesignated (14).
Par. (14). Pub. L. 102-10, 3(2), (4), redesignated par. (13) as
(14) and inserted at end ''Participants shall not be considered
employees of the program.'' Former par. (14) redesignated (15).
Pars. (15) to (22). Pub. L. 102-10, 3(2), redesignated pars. (14)
to (21) as (15) to (22), respectively. Former par. (22) redesignated
(23).
Par. (23). Pub. L. 102-10, 3(5), which directed the substitution of
''participants'' for ''students or out of school youth'', was executed
by making the substitution for ''students or out-of-school youth'' to
reflect the probable intent of Congress.
Pub. L. 102-10, 3(2), redesignated par. (22) as (23). Former par.
(23) redesignated (24).
Par. (24). Pub. L. 102-10, 3(2), (6), redesignated par. (23) as
(24) and in heading and text substituted ''participant'' for ''member''.
Former par. (24) redesignated (25).
Pars. (25) to (29). Pub. L. 102-10, 3(2), redesignated pars. (24)
to (28) as (25) to (29), respectively. Former par. (29) redesignated
(30).
Par. (30). Pub. L. 102-10, 3(2), (7), redesignated par. (29) as
(30) and inserted ''corps'' after ''youth service''.
42 USC -- 12512. Authority to make State grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission may, in accordance with the provisions of this
subchapter, make grants to States, or to local applicants, to enable
such States or applicants to carry out national or community service
programs under parts /1/ B, C, D, or E of this subchapter.
(Pub. L. 101-610, title I, 102, Nov. 16, 1990, 104 Stat. 3132.)
/1/ So in original. Probably should be ''part''.
42 USC -- Part B -- Programs for Students and Out-of-School Youth
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- subpart i -- serve-america
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12521. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Commission, in consultation with the Secretary of Education, may
make grants under section 12512 of this title to States or local
applicants for --
(1) planning and building State capacity (which may be accomplished
through grants and contracts with qualified organizations) for
implementing statewide, school-aged service-learning programs, including
--
(A) preservice and in-service training for teachers, supervisors, and
personnel from community organizations in which service opportunities
will be provided that will be conducted by qualified individuals or
organizations that have experience in service-learning programs;
(B) developing service-learning curricula, including age-appropriate
learning components for students to analyze and apply their service
experiences;
(C) forming local partnerships to develop school-based community
service programs in accordance with this subpart; /1/
(D) devising appropriate methods for research and evaluation of the
educational value of youth service opportunities and the effect of youth
service programs on communities;
(E) establishing effective outreach and dissemination to ensure the
broadest possible involvement of nonprofit community-based organizations
and youth-service agencies with demonstrated effectiveness in their
communities; and
(F) integration of service-learning into academic curricula;
(2) the implementation, operation, or expansion of statewide,
school-based service-learning programs through State distribution of
Federal funds made available under this part to projects and activities
coordinated and operated by local partnerships among --
(A) local educational agencies; and
(B) one or more community partners that --
(i) shall include a public or private nonprofit organization that
will make service opportunities available for participants; and
(ii) may include a private for-profit business organization or
private elementary and secondary school;
(3) the implementation, operation, or expansion of community service
programs for school dropouts, out-of-school youth, and other youth
through State distribution of Federal funds made available under this
part to projects and activities coordinated and operated by local
partnerships among --
(A) one or more public or private nonprofit organizations that work
with disadvantaged youth; and
(B) one or more community partners that shall include a public or
private nonprofit organization that will make service opportunities
available for participants; and
(4) the implementation, operation, or expansion of programs involving
adult volunteers in schools, or partnerships of schools and public or
private organizations, to improve the education of at-risk students,
school dropouts, and out-of-school youth through State distribution of
Federal funds made available under this subpart to projects and
activities coordinated and operated by local partnerships among --
(A) local education agencies; and
(B) one or more public or private nonprofit organization or private
for-profit business.
(b) Direct grants
In any fiscal year in which a State does not participate in programs
under this part, the Commission may use the allotment of that State to
make direct grants for the purposes described in subsection (a) of this
section to local applicants in that State. The Commission shall apply
the criteria described in section 12524 of this title in evaluating such
local applications.
(Pub. L. 101-610, title I, 111, Nov. 16, 1990, 104 Stat. 3132; Pub.
L. 102-10, 4(2), Mar. 12, 1991, 105 Stat. 30.)
This subpart, referred to in subsec. (a)(1)(C), in the original
probably should have been ''this subtitle'', meaning subtitle B of title
I of Pub. L. 101-610, which enacted this part, because subtitle B does
not contain subparts and for consistency with other references in the
original to ''this subtitle''.
1991 -- Subsec. (a)(2)(B)(i). Pub. L. 102-10 struck out '', and that
is representative of the community in which such services will be
provided'' after ''participants''.
/1/ See References in Text note below.
42 USC -- 12522. Allotments
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Reservations
Of the amounts appropriated to carry out this part for any fiscal
year, the Commission shall reserve not more than 1 percent for payments
to Indian tribes, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands and Palau, until such time
as the Compact of Free Association is ratified, to be allotted in
accordance with their respective needs.
(b) Allotment
The remainder of the sums appropriated to carry out this part shall
be allotted among the States as follows:
(1) From 50 percent of such remainder the Secretary shall allot to
each State an amount which bears the same ratio to 50 percent of such
remainder as the school-age population of the State bears to the
school-age population of all States.
(2) From 50 percent of such remainder the Secretary shall allot to
each State an amount which bears the same ratio to 50 percent of such
remainder as allocations to the State for the previous fiscal year under
chapter 1 of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 2701 et seq.) bears to such allocations to all States.
(c) Limitation
For any period during which a State is carrying out planning
activities solely under section 12521(a)(1) of this title prior to
implementation under paragraphs /1/ (2), (3), or (4) of section 12521(a)
of this title, a State may be paid not more than 25 percent of its
allotment under this section.
(d) Reallotment
The amount of any State's allotment for any fiscal year under this
section that the Commission determines will not be required for that
fiscal year shall be available for reallotment to other States as the
Commission may determine appropriate.
(e) Exception
Notwithstanding this section, if less than $20,000,000 is made
available in each fiscal year to carry out this part, the Commission
shall award grants to States and Indian Tribes /2/ on a competitive
basis.
(f) Definitions
For purposes of this section:
(1) School-age population
The term ''school-age population'' means the population aged 5
through 17, inclusive.
(2) State
The term ''State'' includes the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(Pub. L. 101-610, title I, 112, Nov. 16, 1990, 104 Stat. 3133; Pub.
L. 102-10, 4(3), Mar. 12, 1991, 105 Stat. 30.)
The Elementary and Secondary Education Act of 1965, referred to in
subsec. (b)(2), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended generally by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140.
Chapter 1 of title I of the Act is classified generally to division 1 (
2701 et seq.) of subchapter I of chapter 47 of Title 20, Education. For
complete classification of this Act to the Code, see Short Title note
set out under section 2701 of Title 20 and Tables.
1991 -- Subsec. (a). Pub. L. 102-10, 4(3)(A), inserted ''the Virgin
Islands,'' before ''Guam''.
Subsec. (c). Pub. L. 102-10, 4(3)(B), (C), inserted ''solely'' after
''activities'' and substituted ''paragraphs (2), (3), or (4) of section
12521(a) of this title'' for ''section 12521(a)(2) of this title''.
Subsec. (e). Pub. L. 102-10, 4(3)(D), which directed insertion of
''and Indian Tribes'' before ''on a competetive basis'', was executed by
making the insertion before ''on a competitive basis'' to reflect the
probable intent of Congress.
/1/ So in original. Probably should be ''paragraph''.
/2/ So in original. Probably should not be capitalized.
42 USC -- 12523. State application
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To be eligible to receive a grant under this part a State, acting
through the State educational agency, shall prepare and submit to the
Commission, an application at such time, in such manner, and containing
such information as the Commission shall reasonably require, including a
description of the manner in which --
(1) local applications will be ranked by the State according to the
criteria described in section 12524 of this title, and in a manner that
ensures the equitable treatment of local applications submitted by both
local educational agencies and community-based organizations;
(2) service programs within the State will be coordinated with each
other and with other Federally assisted education programs, training
programs, social service programs, and other appropriate programs that
serve youth;
(3) cooperative efforts among local educational agencies, local
government agencies, community-based agencies, businesses, and State
agencies to develop and provide service opportunities, including those
that involve the participation of urban, suburban, and rural youth
working together, will be encouraged;
(4) economically and educationally disadvantaged youths, including
individuals with disabilities, youth with limited basic skills or
learning disabilities, youth in foster care who are becoming too old for
foster care, youth of limited English proficiency, homeless youth and
youth with disabilities, are assured of service opportunities;
(5) service programs that receive assistance under this part will be
evaluated;
(6) programs that receive assistance under this part will serve urban
and rural areas and any tribal areas that exist within such State;
(7) training and technical assistance will be provided to local
grantees by qualified and experienced individuals employed by the State
or through grant or contract with experienced content specialist and
youth service resource organizations;
(8) non-Federal assistance will be used to expand service
opportunities for students and out-of-school youth;
(9) information and outreach services will be disseminated and
utilized to ensure the involvement of a broad range of organizations,
particularly community-based organizations;
(10) the State will keep such records and provide such information to
the Secretary as may be required for fiscal audits and program
evaluation;
(11) the State will give special consideration to providing
assistance to projects that will provide academic credit to
participants; and
(12) the State will assure compliance with the specific requirements
of this part.
(Pub. L. 101-610, title I, 113, Nov. 16, 1990, 104 Stat. 3134.)
42 USC -- 12524. Local applications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
A partnership that desires to receive financial assistance under this
part shall prepare and submit to the State Educational Agency a proposal
that meets the requirements of this section. Such proposal shall be
submitted at such time, in such manner, and containing such information
as the State Educational Agency may reasonably require.
(b) Requirements of proposal
A proposal submitted under subsection (a) of this section shall --
(1) contain a written agreement, between the members of the local
partnership, stating that the program was jointly developed by the
parties and that the program will be jointly executed by the parties;
(2) establish and specify the membership and role of an advisory
committee that shall consist of representatives of community-based
agencies including community action agencies, service recipients,
youth-serving agencies, youth, parents, teachers, administrators,
agencies that serve older adults, school board members, labor, and
business;
(3) describe the goals of the program which shall include goals that
are quantifiable, measurable, and demonstrate any benefits that flow
from the program to the participants and the community;
(4) describe service opportunities to be provided under the program
that shall include evidence that participants will make a sustained
commitment to the service project;
(5) describe the manner in which the participants in the program will
be recruited, including any special efforts that will be utilized to
recruit out-of-school youth with the assistance of community-based
agencies;
(6) describe the manner in which participants in the program were or
will be involved in the design and operation of the program;
(7) describe the qualifications, /1/ and responsibilities of the
coordinator of the program assisted under this part;
(8) describe preservice and inservice training for supervisors,
teachers, and participants in the program;
(9) describe the manner in which exemplary service will be
recognized;
(10) describe any potential resources that will permit continuation
of the program, if needed, after the assistance received under this part
has ended;
(11) disclose whether the program plans include preventing and
treating school-age drug and alcohol abuse and dependency; and
(12) contain assurances that, prior to the placement of a
participant, the program will consult with any local labor organization
representing employees in the area who are engaged in the same or
similar work as that proposed to be carried out by such program.
(c) School-based and community-based service learning program
If an applicant under this section intends to operate a program
described in section 12521(a)(2) or 12521(a)(3) of this title such
applicant, in addition to providing the information described in
subsection (b) of this section, shall provide additional information
that shall include --
(1) an assurance that the applicant will develop an age-appropriate
learning component for participants in the program that shall include a
chance for participants to reflect on service experiences and expected
learning outcomes;
(2) a disclosure of whether or not the participants will receive
academic credit for participation in the program;
(3) the target levels of participants in the program and the target
levels for the hours of service that such participants will provide
individually and as a group;
(4) the proportion of expected participants in the program who are
educationally or economically disadvantaged, including participants with
disabilities;
(5) the ages or grade levels of expected participants in the program;
(6) other relevant demographic information concerning such expected
participants; and
(7) assurances that participants in the program will be provided with
information concerning VISTA, the Peace Corps (as established by the
Peace Corps Act (22 U.S.C. 2501 et seq.)), chapter 30 of title 38,
chapter 106 of title 10, full-time programs receiving assistance under
this subchapter, and other service options and their benefits (such as
student loan deferment and forgiveness) as appropriate.
(d) Partnership program
If an applicant under this section intends to operate an adult
volunteer and partnership program, under section 12521(a)(4) of this
title such applicant, in addition to the information required to be
included in the application under subsection (b) of this section, shall
describe the students who are to be assisted through such program,
including the ages and grade levels of such students.
(Pub. L. 101-610, title I, 114, Nov. 16, 1990, 104 Stat. 3135; Pub.
L. 102-10, 4(4), Mar. 12, 1991, 105 Stat. 30.)
The Peace Corps Act, referred to in subsec. (c)(7), is Pub. L.
87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified
principally to chapter 34 ( 2501 et seq.) of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 2501 of Title 22 and Tables.
This subchapter, referred to in subsec. (c)(7), was in the original
''this title'', meaning title I of Pub. L. 101-610, Nov. 16, 1990, 104
Stat. 3129, which enacted this subchapter and amended sections 1070a-6
and 1087vv of Title 20, Education.
1991 -- Subsec. (c)(7). Pub. L. 102-10, 4(4)(A), struck out ''Youth
Service Corps and National Service'' after ''full-time''.
Subsec. (d). Pub. L. 102-10, 4(4)(B), which directed the amendment
of this section by substituting ''volunteer and'' for ''role'', was
executed by making the substitution in subsec. (d) to reflect the
probable intent of Congress.
/1/ So in original. The comma probably should not appear.
42 USC -- 12525. Priority; private school participation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In providing assistance under this part, the State educational
agency, or the Commission if section 12521(b) of this title applies,
shall give priority to applications that describe programs that --
(1) involve participants in the design and operation of the program;
(2) are in the greatest need of assistance, such as programs
targeting low-income areas;
(3) involve students from both public and private elementary and
secondary schools or individuals of different ages, races, sexes, ethnic
groups, disabilities and economic backgrounds serving together;
(4) are integrated into the academic program; or
(5) involve a focus on substance abuse prevention or school drop-out
prevention.
(b) Adult volunteer and partnership program
In the case of an adult volunteer and partnership program (as
described in section 12521(a)(4) of this title) the State educational
agency, or the Commission, /1/ if section 12521(b) of this title
applies, shall give priority to applications that contain a description
of programs --
(1) that involve older Americans or parents as adult volunteers;
(2) that involve a partnership between an educational institution and
a private business in the community;
(3) that include a focus on substance abuse prevention, school
drop-out prevention, or nutrition; or
(4) that will improve basic skills and reduce illiteracy.
(c) Participation of children and teachers from private schools
(1) In general
To the extent consistent with the number of children in the State or
in the school district of the local educational agency involved who are
enrolled in private nonprofit elementary and secondary schools, such
State or agency shall (after consultation with appropriate private
school representatives) make provision --
(A) for the inclusion of services and arrangements for the benefit of
such children so as to assure the equitable participation of such
children in the programs or projects implemented to carry out the
purposes and provide the benefits described in this part; and
(B) for the training of the teachers of such children so as to assure
the equitable participation of such teachers in the programs or projects
implemented to carry out the purposes and provide the benefits described
in this part.
(2) Waiver
If a State or local educational agency or institution of higher
education is prohibited by law from providing for the participation of
children or teachers from private nonprofit schools as required by
paragraph (1), or if the Secretary determines that a State or local
educational agency substantially fails or is unwilling to provide for
such participation on an equitable basis, the Secretary shall waive such
requirements and shall arrange for the provision of services to such
children and teachers. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in accordance with
section 2727 of title 20.
(Pub. L. 101-610, title I, 115, Nov. 16, 1990, 104 Stat. 3137.)
/1/ So in original. The comma probably should not appear.
42 USC -- 12526. Federal and local contributions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Federal share
(1) In general
The Federal share of a grant or contract for a project under this
part may not exceed --
(A) 90 percent of the total cost of a project for the first year for
which the project receives assistance under this part;
(B) 80 percent of the total cost of a project for the second year for
which the project receives assistance under this part; and
(C) 70 percent of the total cost of a project for the third year for
which the project receives assistance under this part.
(2) Calculation
The State and local share of the costs of a project may be in cash or
in kind fairly evaluated, including facilities, equipment, or services.
(b) Waiver
The Secretary may waive the requirements of subsection (a) of this
section with respect to any project in any fiscal year if the Secretary
determines that such a waiver would be equitable due to a lack of
available financial resources at the local level.
(Pub. L. 101-610, title I, 116, Nov. 16, 1990, 104 Stat. 3138.)
42 USC -- 12527. Uses of funds; limitations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) State uses of funds
The State educational agency may reserve, from funds made available
to such agency under this part --
(1) not more than 5 percent of such funds for administrative costs
for any fiscal year;
(2) not more than 10 percent of such funds to build capacity through
training, technical assistance, curriculum development, and coordination
activities, described in section 12521(a)(1) of this title;
(3) not less than 60 percent of such funds to carry out school-based
service learning programs described in section 12521(a)(2) of this
title;
(4) not less than 15 percent of such funds to carry out
community-based service programs described in section 12521(a)(3) of
this title; and
(5) not more than 10 percent of such funds to carry out adult
volunteer and partnership programs described in section 12521(a)(4) of
this title.
(b) Authorized activities for local projects
(1) In general
Local projects may use funds made available under this part for the
supervision of participating students, program administration, training,
reasonable transportation costs, insurance, evaluations, and for other
reasonable expenses.
(2) Limitation
Funds made available under this part may not be used to pay any
stipend, allowance, or other financial support to any participant,
except reimbursement for transportation, meals, and other reasonable
out-of-pocket expenses directly related to participation in a program
assisted under this part.
(Pub. L. 101-610, title I, 117, Nov. 16, 1990, 104 Stat. 3138; Pub.
L. 102-10, 4(5), Mar. 12, 1991, 105 Stat. 30.)
1991 -- Subsec. (b)(1). Pub. L. 102-10 inserted ''evaluations,''
after ''insurance,''.
42 USC -- subpart ii -- higher education innovative projects for
community service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12531. Higher education innovative projects for community
service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Purpose
It is the purpose of this subpart to support innovative projects to
encourage students to participate in community service activities while
such students are attending institutions of higher education.
(b) General authority
The Commission, in consultation with the Secretary of Education, is
authorized to make grants to, and enter into contracts with,
institutions of higher education (including a combination of such
institutions) and other public agencies and nonprofit organizations
working in partnership with institutions of higher education --
(1) to enable the institution to create or expand community service
activities for students attending that institution;
(2) to encourage student-initiated and student-designed community
service projects;
(3) to facilitate the integration of community service into academic
curricula, so that students can obtain credit for their community
service activities;
(4) to encourage students to participate in community service
activities that will engender a sense of social responsibility and
commitment to the community;
(5) to encourage students to assist in the teaching of individuals
with limited basic skills or an inability to read and write; and
(6) to provide for the training of teachers, prospective teachers,
related education personnel, and community leaders in the skills
necessary to develop, supervise, and organize community service
activities, taking into consideration the particular needs of a
community and the ability of the grantee to actively involve a major
part of the community in, and substantially benefit the community by,
the proposed community service activities.
(c) Federal share
(1) In general
The Federal share of each grant awarded under this section shall not
exceed 50 percent of the cost of the community service activities
carried out with each such grant.
(2) Non-Federal sources
That portion of the costs of programs that receive assistance under
this part that are to be paid from sources other than Federal funds may
be paid in cash or in kind (fairly evaluated).
(d) Application for grant
To receive a grant under this part, an applicant shall prepare and
submit to the Commission, an application at such time, in such manner,
and containing such information as the Commission may reasonably
require, including --
(1) a description of the proposed program to be established with
assistance provided under the grant;
(2) a description of the human, educational, environmental or public
safety service that participants will perform and the community need
that will be addressed under such program;
(3) a description of whether or not students will receive academic
credit for community service activities under the program;
(4) a description of the procedure for training supervisors and
participants and for supervising and organizing participants in such
proposed program;
(5) a description of the procedures to ensure that the proposed
program provides participants with an opportunity to reflect on their
service experiences;
(6) a description of the budget for the program; and
(7) assurances that, prior to the placement of a participant, the
applicant will consult with any local labor organization representing
employees in the area who are engaged in the same or similar work as
that proposed to be carried out by such program.
(Pub. L. 101-610, title I, 118, Nov. 16, 1990, 104 Stat. 3139; Pub.
L. 102-10, 4(6), Mar. 12, 1991, 105 Stat. 30.)
1991 -- Subsec. (d)(7). Pub. L. 102-10 struck out ''in the program''
after ''participant'' and substituted ''program'' for ''project''.
42 USC -- Part C -- American Conservation and Youth Service Corps
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12541. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission may make grants under section 12512 of this title to
States or local applicants, to the Secretary of Agriculture, to the
Secretary of the Interior, or to the Director of ACTION for the creation
or expansion of full-time or summer youth corps programs.
(Pub. L. 101-610, title I, 121, Nov. 16, 1990, 104 Stat. 3140.)
42 USC -- 12542. Allocation of funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Competitive grant
The Commission shall award grants under this part on a competitive
basis to States or Indian tribes that have submitted applications under
section 12543 of this title.
(b) Direct grants
(1) In general
In the case of a State that does not apply for a grant under this
part or have an application approved under section 12543 of this title,
the Commission may award grants directly to public or private nonprofit
agencies with experience in youth programs within such State.
(2) Evaluation
(A) Application of criteria
The Commission shall apply the criteria described in section 12543 of
this title in determining whether to award a grant to a local applicant
under this subsection.
(B) Equitable allocation
If more than one local applicant within a State applies for funds,
the Commission shall allocate funds among such applicants in such manner
as the Commission considers equitable.
(3) Indian tribes
An Indian tribe shall be treated the same as a State for purposes of
making grants under this part.
(4) Grant to Federal agency
If a State has failed to establish a youth corps program and no local
youth corps programs exist within such State, the Commission may make a
grant to a Federal agency to directly administer a youth corps program.
(c) Limitation
(1) Capital equipment
Not to exceed 10 percent of the amount of assistance made available
to a program agency under this part shall be used for the purchase of
major capital equipment.
(2) Administrative expenses
(A) By program agency
Not to exceed 5 percent of the amount of assistance made available to
a program agency under this part shall be used for administrative
expenses.
(B) By State
Not to exceed 5 percent of the amount of assistance made available to
a State under this part shall be used for administrative expenses.
(d) Reservation
(1) Federal disaster relief
The Commission shall reserve not to exceed 5 percent of the amounts
made available in each fiscal year to make grants under this part for
Federal disaster relief programs.
(2) Indian tribes
The Commission shall reserve not to exceed 1 percent of the amounts
made available in each fiscal year to make grants under this part to
Indian tribes.
(e) Equitable funding of conservation and service programs
The Commission shall award an equal number of grants to conservation
corps programs and youth service corps programs.
(Pub. L. 101-610, title I, 122, Nov. 16, 1990, 104 Stat. 3140; Pub.
L. 102-10, 5(2), Mar. 12, 1991, 105 Stat. 30.)
1991 -- Subsec. (e). Pub. L. 102-10 inserted ''service'' after
''youth''.
42 USC -- 12543. State application
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Submission
To be eligible to receive a grant under this part, a State or Indian
tribe (or a local applicant if section 12542(b) of this title applies)
shall prepare and submit to the Commission, an application at such time,
in such manner, and containing such information as the Commission may
reasonably require, including the information required under subsection
(b) of this section.
(b) General content
An application submitted under subsection (a) of this section shall
describe --
(1) any youth corps program proposed to be conducted directly by such
applicant with assistance provided under this part; and
(2) any grant program proposed to be conducted by such State with
assistance provided under this part for the benefit of entities within
such State.
(c) Specific content
To receive a grant under this part to directly conduct a youth corps
program, each applicant shall include in the application submitted under
subsection (a) of this section --
(1) a comprehensive description of the objectives and performance
goals for the program to be conducted, a plan for managing and funding
the program, and a description of the types of projects to be carried
out, including a description of the types and duration of training and
work experience to be provided by such program;
(2) a plan for the certification of the training skills acquired by
participants and the awarding of academic credit to participants for
competencies developed through training programs or work experience
obtained under this part;
(3) an age-appropriate learning component for participants that
includes procedures that permit participants to reflect on service
experiences;
(4) an estimate of the number of participants and crew leaders
necessary for the proposed program, the length of time that the services
of such participants and crew leaders will be required, the support
services that will be required for such participants and crew leaders,
and a plan for recruiting such participants, including educationally and
economically disadvantaged youth, youth with limited basic skills or
learning disabilities, homeless youth, youth with disabilities, youth
who are in foster care who are becoming too old for foster care, and
youth of limited English proficiency;
(5) a list of requirements to be imposed on the sponsoring
organizations of participants in the program, including a requirement
that a sponsoring organization that invests in a program that receives
assistance under this part, by making a cash contribution or by
providing free training to participants, shall be given preference over
a sponsoring organization that does not make such an investment;
(6) a description of the manner of appointment and training of
sufficient supervisory staff (including participants who have displayed
exceptional leadership qualities), who shall provide for other central
elements of a youth corps, such as crew structure and a youth
development component;
(7) a description of a plan to ensure the on-site presence of
knowledgeable and competent supervisory personnel at program facilities;
(8) a description of the facilities, quarters and board (in the case
of residential facilities), limited and emergency medical care,
transportation from administrative facilities to work sites,
accommodations for individuals with disabilities, and other appropriate
services, supplies, and equipment that will be provided by such
applicant;
(9) a description of the basic standards of work requirements,
health, nutrition, sanitation, and safety, and the manner that such
standards shall be enforced;
(10) a description of the plan to assign participants to facilities
as near to the homes of such participants as is reasonable and
practicable;
(11) an assurance that, prior to the placement of a participant under
this part, the program agency will consult with any local labor
organization representing employees in the area who are engaged in the
same or similar work as that proposed to be carried out by such program;
(12) a description of formal social counseling arrangements to be
made available to the participant;
(13) a plan for ensuring that individuals do not drop out of school
for the purpose of participating in a youth corps program;
(14) a plan for ensuring that post-service education and training
benefits are used solely for the purposes designated in this part; and
(15) such other information as the Commission shall require.
(d) Grant program
To be eligible to receive a grant under this part, a State shall
establish and implement a program to make grants to applicants within
the State pursuant to subsection (b)(2) of this section and, in the
application submitted under subsection (a) of this section, such State
shall describe the manner in which --
(1) local applicants will be evaluated;
(2) service programs within the State will be coordinated;
(3) economically and educationally disadvantaged youth, including
youth with disabilities, youth with limited basic skills or learning
disabilities, youth with limited English proficiency, homeless youth,
and youth in foster care who are becoming too old for foster care, will
be recruited;
(4) programs that receive assistance under this part will be
evaluated;
(5) the State will encourage cooperation among programs that receive
assistance under this part and the appropriate State job training
coordinating council established under the Job Training and Partnership
Act (29 U.S.C. 1501 et seq.);
(6) such State will certify the training skills acquired by each
participant and the credit provided to each participant for competencies
developed through training programs or work experience obtained under
programs that receive assistance under this part; and
(7) prior to the placement of a participant under this part, the
State will ensure that program agencies consult with each local labor
organization representing employees in the area who are engaged in the
same or similar work as the work that is proposed to be carried out by
such program.
(Pub. L. 101-610, title I, 123, Nov. 16, 1990, 104 Stat. 3141; Pub.
L. 102-10, 5(3), Mar. 12, 1991, 105 Stat. 30.)
The Job Training and Partnership Act, referred to in subsec. (d)(5),
probably means the Job Training Partnership Act, Pub. L. 97-300, Oct.
13, 1982, 96 Stat. 1322, as amended, which is classified generally to
chapter 19 ( 1501 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see Short Title note set out
under section 1501 of Title 29 and Tables.
1991 -- Subsec. (c)(14), (15). Pub. L. 102-10 added par. (14) and
redesignated former par. (14) as (15).
42 USC -- 12544. Focus of programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Programs that receive assistance under this part may carry out
activities that --
(1) in the case of conservation corps programs, focus on --
(A) conservation, rehabilitation, and the improvement of wildlife
habitat, rangelands, parks, and recreational areas;
(B) urban and rural revitalization, historical and cultural site
preservation, and reforestation of both urban and rural areas;
(C) fish culture, wildlife habitat maintenance and improvement, and
other fishery assistance;
(D) road and trail maintenance and improvement;
(E) erosion, flood, drought, and storm damage assistance and
controls;
(F) stream, lake, waterfront harbor, and port improvement;
(G) wetlands protection and pollution control;
(H) insect, disease, rodent, and fire prevention and control;
(I) the improvement of abandoned railroad beds and rights-of-way;
(J) energy conservation projects, renewable resource enhancement, and
recovery of biomass;
(K) reclamation and improvement of strip-mined land;
(L) forestry, nursery, and cultural operations; and
(M) making public facilities accessible to individuals with
disabilities.
(2) in the case of youth service corps programs, include participant
service in --
(A) State, local, and regional governmental agencies;
(B) nursing homes, hospices, senior centers, hospitals, local
libraries, parks, recreational facilities, child and adult day care
centers, programs serving individuals with disabilities, and schools;
(C) law enforcement agencies, /1/ and penal and probation systems;
(D) private nonprofit organizations that primarily focus on social
service such as community action agencies;
(E) activities that focus on the rehabilitation or improvement of
public facilities, neighborhood improvements, literacy training that
benefits educationally disadvantaged individuals, weatherization of and
basic repairs to low-income housing including housing occupied by older
adults, energy conservation (including solar energy techniques), removal
of architectural barriers to access by individuals with disabilities to
public facilities, activities that focus on drug and alcohol abuse
education, prevention and treatment, and conservation, maintenance, or
restoration of natural resources on publicly held lands; and
(F) any other nonpartisan civic activities and services that the
Commission determines to be of a substantial social benefit in meeting
unmet human, educational, or environmental needs (particularly needs
related to poverty) or in the community where volunteer service is to be
performed; or
(3) encompass the focuses and services described in both paragraphs
(1) and (2).
(b) Ineligible service categories
To be eligible to receive assistance under this part, the activities
conducted through programs referred to in subsection (a) of this section
shall not be conducted by any --
(1) business organized for profit;
(2) labor union;
(3) partisan political organization;
(4) organization engaged in religious activities, unless such
activities do not involve the use of funds provided under this
subchapter by program participants and program staff to give religious
instruction, conduct worship services, or engage in any form of
proselytization; or
(5) domestic or personal service company or organization.
(c) Limitation on service
No participant shall perform any specific activity for more than a
6-month period. No participant shall remain enrolled in programs
assisted under this part for more than 24 months.
(Pub. L. 101-610, title I, 124, Nov. 16, 1990, 104 Stat. 3143; Pub.
L. 102-10, 5(4), Mar. 12, 1991, 105 Stat. 30.)
This subchapter, referred to in subsec. (b)(4), was in the original
''this title'', meaning title I of Pub. L. 101-610, Nov. 16, 1990, 104
Stat. 3129, which enacted this subchapter and amended sections 1070a-6
and 1087vv of Title 20, Education.
1991 -- Subsec. (a)(2). Pub. L. 102-10, 5(4)(A), substituted
''youth service'' for ''human services'' in introductory provisions.
Subsec. (c). Pub. L. 102-10, 5(4)(B), substituted ''any specific
activity for more than a 6-month period. No participant shall remain
enrolled in programs'' for ''services in any project for more than a
6-month period. No participant shall remain enrolled in projects''.
/1/ So in original. The comma probably should not appear.
42 USC -- 12545. Related programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
An activity administered under the authority of the Secretary of
Health and Human Services, that is operated for the same purpose as a
program eligible to be carried out under this part, is encouraged to use
services available under this part.
(Pub. L. 101-610, title I, 125, Nov. 16, 1990, 104 Stat. 3144.)
42 USC -- 12546. Public lands or Indian lands
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Limitation
To be eligible to receive assistance through a grant provided under
this part, a program shall carry out activities on public lands or
Indian lands, or result in a public benefit.
(b) Review of applications
In reviewing applications submitted under section 12543 of this title
that propose programs or projects to be carried out on public lands or
Indian lands, the Commission shall consult with the Secretary of the
Interior.
(c) Consistency
A program carried out with assistance provided under this part for
conservation, rehabilitation, or improvement of any public lands or
Indian lands shall be consistent with --
(1) the provisions of law and policies relating to the management and
administration of such lands, and all other applicable provisions of
law; and
(2) all management, operational, and other plans and documents that
govern the administration of such lands.
(d) Participation by other conservation programs
Any land or water conservation program (or any related program)
administered in any State under the authority of any Federal program is
encouraged to use services available under this part /1/ to carry out
its program.
(Pub. L. 101-610, title I, 126, Nov. 16, 1990, 104 Stat. 3144.)
This part, referred to in subsec. (d), is unidentifiable in the
original because subtitle C ( 120-136) of title I of Pub. L. 101-610
does not contain any parts.
/1/ See References in Text note below.
42 USC -- 12547. Training and education services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Assessment of skills
Each program agency shall assess the educational level of
participants at the time of their entrance into the program, using any
available records or simplified assessment means or methodology and
shall, where appropriate, refer such participants for testing for
specific learning disabilities.
(b) Enhancement of skills
Each program agency shall, through the programs and activities
administered under this part, enhance the educational skills of
participants.
(c) Provision of pre-service and in-service training and education
(1) Requirement
Each program agency shall use not less than 10 percent of the
assistance made available to such agency under this part in each fiscal
year to provide pre-service and in-service training and educational
materials and services for participants in such a program. Program
participants shall be provided with information concerning the benefits
to the community that result from the activities undertaken by such
participants.
(2) Agreements for academic study
A program agency may enter into arrangements with academic
institutions or education providers, including --
(A) local education agencies;
(B) community colleges;
(C) 4-year colleges;
(D) area vocational-technical schools; and
(E) community based organizations;
to evaluate the basic skills of participants and to make academic
study available to participants to enable such participants to upgrade
literacy skills, to obtain high school diplomas or the equivalent of
such diplomas, to obtain college degrees, or to enhance employable
skills.
(3) Counseling
Career and educational guidance and counseling shall be provided to a
participant during a period of in-service training as described in this
subsection. Each graduating participant shall be provided with
counseling with respect to additional study, job skills training or
employment and shall be provided job placement assistance where
appropriate.
(4) Priority for participants without high school diplomas
A program agency shall give priority to participants who have not
obtained a high school diploma or the equivalent of such diploma, in
providing services under this subsection.
(d) Standards and procedures
(1) Consistency with State and local requirements
Appropriate State and local officials shall certify that standards
and procedures with respect to the awarding of academic credit and the
certification of educational attainment in programs conducted under
subsection (c) of this section are consistent with the requirements of
applicable State and local law and regulations.
(2) Academic standards
The standards and procedures described in paragraph (1) shall provide
that an individual serving in a program that receives assistance under
this part --
(A) who is not a high school graduate, participate in an educational
curriculum so that such individual can earn a high school diploma or the
equivalent of such diploma; and
(B) may arrange to receive academic credit in recognition of the
education and skills obtained from service satisfactorily completed.
(Pub. L. 101-610, title I, 127, Nov. 16, 1990, 104 Stat. 3145.)
42 USC -- 12548. Amount of award; matching requirement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Amount of award
In determining the amount of a grant to be awarded to an applicant
under this part, the Commission shall consider --
(1) the number of participants to be served;
(2) the youth unemployment rate in the State; and
(3) the type of activity proposed to be carried out with the
assistance provided under this part.
(b) Matching requirement
(1) Federal share
The Federal share of the cost of activities for which a grant is made
to a State or local applicant under this part shall not exceed 75
percent of the total cost of such activities.
(2) Demonstration of effectiveness
In addition to the matching requirement in paragraph (1), the State
or local applicant shall demonstrate to the satisfaction of the
Commission that the effectiveness of the project will be enhanced by the
use of Federal funds.
(Pub. L. 101-610, title I, 128, Nov. 16, 1990, 104 Stat. 3146; Pub.
L. 102-10, 5(5), Mar. 12, 1991, 105 Stat. 30.)
1991 -- Subsec. (a)(3). Pub. L. 102-10 substituted ''activity'' for
''project or service''.
42 USC -- 12549. Preference for certain projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In the consideration of applications submitted under section 12543 of
this title, the Commission shall give preference to programs that --
(1) will provide long-term benefits to the public;
(2) will instill a work ethic and a sense of public service in the
participants;
(3) will be labor intensive, and involve youth operating in crews;
(4) can be planned and initiated promptly; and
(5) will enhance skills development and educational level and
opportunities for the participants.
(b) Special rule
In the consideration of applications under this part the Commission
shall ensure the equitable treatment of both urban and rural areas.
(Pub. L. 101-610, title I, 129, Nov. 16, 1990, 104 Stat. 3146.)
42 USC -- 12550. Age and citizenship criteria for enrollment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Age and citizenship
Enrollment in programs that receive assistance under this part shall
be limited to individuals who, at the time of enrollment, are --
(1) not less than 16 years nor more than 25 years of age, except that
summer programs may include individuals not less than 15 years nor more
than 21 years of age at the time of the enrollment of such individuals;
and
(2) citizens or nationals of the United States or lawful permanent
resident aliens of the United States.
(b) Participation of disadvantaged youth
Programs that receive assistance under this part shall ensure that
educationally and economically disadvantaged youth, including youth in
foster care who are becoming too old for foster care, youth with
disabilities, youth with limited English proficiency, youth with limited
basic skills or learning disabilities and homeless youth, are offered
opportunities to enroll.
(c) Special corps members
Notwithstanding subsection (a)(1) of this section, program agencies
may enroll a limited number of special corps members over age 25 so that
the corps may draw on their special skills to fulfill the purposes of
this chapter. Programs are encouraged to consider senior citizens as
special corps members.
(d) Joint projects with senior citizens organizations
Program agencies shall use not more than 2 percent of amounts
received under this part to conduct joint projects with senior citizens
organizations to enable senior citizens to serve as mentors for youth
participants.
(e) Construction
Nothing in subsection (a) of this section shall be construed to
prohibit any program agency from limiting enrollment to any age subgroup
within the range specified in subsection (a)(1) of this section.
(Pub. L. 101-610, title I, 130, Nov. 16, 1990, 104 Stat. 3146.)
This chapter, referred to in subsec. (c), was in the original ''this
Act'', meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, known
as the National and Community Service Act of 1990, which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 12501 of this title
and Tables.
42 USC -- 12551. Use of volunteers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Program agencies may use volunteer services for purposes of assisting
projects carried out under this part and may expend funds made available
for those purposes to the agency, including funds made available under
this part, to provide for services or costs incidental to the
utilization of such volunteers, including transportation, supplies,
lodging, recruiting, training, and supervision. The use of volunteer
services under this section shall be subject to the condition that such
use does not result in the displacement of any participant.
(Pub. L. 101-610, title I, 131, Nov. 16, 1990, 104 Stat. 3147.)
42 USC -- 12552. Post-service benefits
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The program agency shall provide post-service education and training
benefits (such as scholarships and grants) for each participant in an
amount that is not in excess of $100 per week, or in excess of $5,000
per year, whichever is less.
(Pub. L. 101-610, title I, 132, Nov. 16, 1990, 104 Stat. 3147.)
42 USC -- 12553. Living allowance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Full-time service
(1) In general
From assistance provided under this part, each participant in a
full-time youth corps program that receives assistance under this part
shall receive a living allowance of not more than an amount equal to 100
percent of the poverty line for a family of two (as defined in section
9902(2) of this title).
(2) Non-Federal sources
Notwithstanding paragraph (1), a program agency may provide
participants with additional amounts that are made available from
non-Federal sources.
(b) Reduction in existing program benefits
(1) In general
Nothing in this section shall be construed to require a program in
existence on November 16, 1990, to decrease any stipends, salaries, or
living allowances provided to participants under such program so long as
the amount of any such stipends, salaries, or living allowances that is
in excess of the levels provided for in this section are paid from
non-Federal sources.
(2) Fair Labor Standards Act of 1938
For purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.), residential youth corps programs under this part will be
considered an organized camp.
(c) Health insurance
In addition to the living allowance provided under subsection (a) of
this section, program agencies are encouraged to provide health
insurance to each participant in a full-time youth corps program who
does not otherwise have access to health insurance.
(d) Facilities, services, and supplies
(1) In general
The program agency may deduct, from amounts provided under subsection
(a) of this section to a participant, a reasonable portion of the costs
of the rates for any room and board that is provided for such
participant at a residential facility. Such deducted funds shall be
deposited into rollover accounts that shall be used solely to defray the
costs of room and board for participants.
(2) Evaluation
The program agency shall establish the amount of the deductions and
rates under paragraph (1) after evaluating the costs of providing such
room and board to the participant.
(3) Duties of program agency
A program agency may provide facilities, quarters, and board and
shall provide limited and emergency medical care, transportation from
administrative facilities to work sites, accommodations for individuals
with disabilities, and other appropriate services, supplies, and
equipment to each participant.
(4) Other Federal agencies
(A) In general
The Commission may provide services, facilities, supplies, and
equipment, including any surplus food and equipment available from other
Federal programs, to any program agency carrying out projects under this
part.
(B) Secretary of Defense
Whenever possible, the Commission shall make arrangements with the
Secretary of Defense to have logistical support provided by a military
installation near the work site, including the provision of temporary
tent centers where needed, and other supplies and equipment.
(5) Health and safety standards
The Commission and program agencies shall establish standards and
enforcement procedures concerning the health and safety of participants
for all projects, consistent with Federal, State, and local health and
safety standards.
(Pub. L. 101-610, title I, 133, Nov. 16, 1990, 104 Stat. 3147; Pub.
L. 102-10, 5(6), Mar. 12, 1991, 105 Stat. 30.)
The Fair Labor Standards Act of 1938, referred to in subsec. (b)(2),
is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is
classified principally to chapter 8 ( 201 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see section 201 of
Title 29 and Tables.
1991 -- Subsec. (d)(1). Pub. L. 102-10 substituted ''subsection
(a)'' for ''subsections (a) and (c)''.
42 USC -- 12554. Joint programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Development
The Commission may develop, in cooperation with the heads of other
Federal agencies, regulations designed to permit, where appropriate,
joint programs in which activities supported with assistance made
available under this part are coordinated with activities supported with
assistance made available under programs administered by the heads of
such agencies (including the Job Training Partnership Act (29 U.S.C.
1501 et seq.)).
(b) Standards
Regulations promulgated under subsection (a) of this section shall
establish standards for the approval of joint programs that meet both
the purposes of this subchapter and the purposes of such statutes under
which assistance is made available to support such projects.
(c) Operation of management agreements
Program agencies may enter into contracts and other appropriate
arrangements with local government agencies and nonprofit organizations
for the operation or management of any projects or facilities under the
program.
(d) Coordination
The Commission and program agencies carrying out programs under this
part shall coordinate the programs with related Federal, State, local,
and private activities.
(Pub. L. 101-610, title I, 134, Nov. 16, 1990, 104 Stat. 3148.)
The Job Training Partnership Act, referred to in subsec. (a), is
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is
classified generally to chapter 19 ( 1501 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see Short Title
note set out under section 1501 of Title 29 and Tables.
42 USC -- 12555. Federal and State employee status
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Participants and crew leaders shall be responsible to, or be the
responsibility of, the program agency administering the program on which
such participants, crew leaders, and volunteers work.
(b) Non-Federal employees
(1) In general
Except as otherwise provided in this subsection, a participant or
crew leader in a program that receives assistance under this part shall
not be considered a Federal employee and shall not be subject to the
provisions of law relating to Federal employment.
(2) Work-related injury
For purposes of subchapter I of chapter 81 of title 5, relating to
the compensation of Federal employees for work injuries, a participant
or crew leader serving in a program that receives assistance under this
part shall be considered an employee of the United States within the
meaning of the term ''employee'' as defined in section 8101 of title 5
and the provision /1/ of that subchapter shall apply, except --
(A) the term ''performance of duty'', as used in such subchapter,
shall not include an act of a participant or crew leader while absent
from the assigned post of duty of such participant or crew leader,
except while participating in an activity authorized by or under the
direction and supervision of a program agency (including an activity
while on pass or during travel to or from such post of duty); and
(B) compensation for disability shall not begin to accrue until the
day following the date that the employment of the injured participant or
crew leader is terminated.
(3) Tort claims procedure
For purposes of chapter 171 of title 28, relating to tort claims
procedure, a participant or crew leaders assigned to a youth corps
program for which a grant has been made to the Secretary of Agriculture,
Secretary of the Interior, or the Director of ACTION, shall be
considered an employee of the United States within the meaning of the
term ''employee of the government'' as defined in section 2671 of such
title.
(4) Allowance for quarters
For purposes of section 5911 of title 5, relating to allowances for
quarters, a participant or crew leader shall be considered an employee
of the United States within the meaning of the term ''employee'' as
defined in paragraph (3) of subsection (a) of such section.
(c) Availability of appropriation
Contract authority under this part shall be subject to the
availability of appropriations. Assistance made available under this
part shall only be used for activities that are in addition to those
which would otherwise be carried out in the area in the absence of such
funds.
(Pub. L. 101-610, title I, 135, Nov. 16, 1990, 104 Stat. 3149.)
/1/ So in original. Probably should be ''provisions''.
42 USC -- 12556. Repealed. Pub. L. 102-10, 5(7), Mar. 12, 1991, 105
Stat. 31
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, Pub. L. 101-610, title I, 136, Nov. 16, 1990, 104 Stat.
3150, directed Commission on National and Community Service to
promulgate regulations implementing American Conservation Youth Corps
program and established procedures for promulgation. See section 12645
of this title.
42 USC -- Part D -- National and Community Service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12571. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission may make grants under section 12512 of this title to
States for the creation of full- and part-time national and community
service programs.
(Pub. L. 101-610, title I, 141, Nov. 16, 1990, 104 Stat. 3150.)
42 USC -- 12572. Grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Criteria for receiving applications
In determining whether to award a grant to a State under section
12571 of this title, the Commission shall consider --
(1) the ability of the proposed program of such State to serve as an
effective model for a large-scale national service program;
(2) the quality of the application of such State, including the plan
of such State for training, recruitment, placement, and data collection;
(3) the extent that the proposed program builds on existing programs;
and
(4) the expediency with which the State proposes to make the program
operational.
(b) Diversity
The Commission shall ensure that programs receiving assistance under
this part are geographically diverse and include programs in both urban
and rural States.
(c) Training and skills
The Commission shall ensure that some of the programs funded under
this part enroll individuals who have completed undergraduate education
or specialized post-secondary training and whose training and skills
enable them to provide needed services in the State.
(d) Composition of programs
The Commission shall ensure that not less than 25 percent of the
programs that receive assistance under this part include full-time,
part-time and special senior service participants.
(e) Design of programs
States shall design programs, consistent with the provisions of this
chapter, that meet the unique needs of the State, which may include
programs that limit the type of service participants may perform or
limit the age of participants to a narrower age subgroup.
(f) State application for grant
To receive a grant under section 12571 of this title, a State shall
prepare and submit, to the Commission, an application at such time, in
such manner, and containing such information as the Commission may
reasonably require, including --
(1) a description of the State administrative plan for the
implementation of a program with assistance provided under this part,
including such functions, if any, that will be carried out by public and
private nonprofit organizations pursuant to a grant or contract;
(2) a description of the manner in which an ethnically and
economically diverse group of participants, including economically and
educationally disadvantaged individuals, college-bound youth,
individuals with disabilities, youth in foster care who are becoming too
old for foster care, and employed individuals, shall be recruited and
selected for participation in a program receiving assistance under this
part;
(3) a description of the procedures for training supervisors and
participants and for supervising and organizing participants in such
program;
(4) a description of the procedures to ensure that the program
provides participants with an opportunity to reflect on their service
experience;
(5) a description of the geographical areas within such State in
which the program would be operated to provide the optimum match between
the need for services and the anticipated supply of participants;
(6) a description of the plan for placing such participants in teams
or making individual placements in such program;
(7) assurances that, prior to such placement, the State will consult
with any local labor organization representing employees in the area who
are engaged in the same or similar work as that proposed to be carried
out by such program;
(8) assurances that, prior to such placement, such State will consult
with employees at the proposed project site who are engaged in the same
or similar work as that proposed to be carried out by such program;
(9) a description of the anticipated number of full- and part-time
participants and special senior service members in such program;
(10) a plan for the recruitment and selection of sponsoring
organizations that will receive participants under programs that receive
assistance under this part;
(11) a description of the procedures for matching such participants
with such sponsoring organizations;
(12) a description of the procedures to be used to assure that
sponsoring organizations that are not matched with participants shall be
provided with information concerning the VISTA program and the programs
established under title II of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 5001 et seq.);
(13) the State budget for the program;
(14) a plan for evaluating the program and assurances that such State
will fully cooperate with any evaluation undertaken by the Commission
pursuant to section 12638 of this title; and
(15) any other information as the Commission may reasonably require.
(g) Number of States
(1) In general
The Commission shall ensure that not more than five States are
authorized to operate full-time programs and not more than five States
are authorized to operate part-time programs in fiscal year 1991 under
this part.
(2) Single program
For purposes of paragraph (1), a State operating a single national
service program with both full- and part-time options shall be counted
as a State operating a full-time program and a State operating a
part-time program.
(3) Cooperative arrangement
For purposes of paragraph (1), a State operating a national service
program involving a cooperative arrangement with a multi-State
organization or with sites in more than one State shall be counted as a
single State.
(4) Authorized programs in fiscal year 1991
The Commission shall ensure that not more than eight States are
authorized to operate programs in fiscal year 1991 under this part.
(h) Indian tribes
An Indian tribe shall be treated the same as a State for purposes of
making grants under this part.
(Pub. L. 101-610, title I, 142, Nov. 16, 1990, 104 Stat. 3150.)
This chapter, referred to in subsec. (e), was in the original ''this
Act'', meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, known
as the National and Community Service Act of 1990, which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 12501 of this title
and Tables.
The Domestic Volunteer Service Act of 1973, referred to in subsec.
(f)(12), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended.
Title II of the Act is classified generally to subchapter II ( 5001 et
seq.) of chapter 66 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 4950 of this
title and Tables.
42 USC -- 12573. Types of national service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A participant in a program that receives assistance under this part
shall perform national service to meet unmet educational, human,
environmental, and public safety needs, especially those needs relating
to poverty.
(Pub. L. 101-610, title I, 143, Nov. 16, 1990, 104 Stat. 3152.)
42 USC -- 12574. Terms of service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Length of service
(1) Part-time
An individual performing part-time national service under this part
shall agree to perform community service for not less than 3 years.
(2) Full-time
An individual performing full-time national service under this part
shall agree to perform community service for not less than 1 year nor
more than 2 years, at the discretion of such individual.
(3) Special senior service
A special senior service participant performing national service
under this part shall serve for a period of time as determined by the
Commission.
(b) Partial completion of service
If the State releases a participant from completing a term of service
in a program receiving assistance under this part for compelling
personal circumstances as demonstrated by such participant, the
Commission may provide such participant with that portion of the
financial assistance described in section 12576 of this title that
corresponds to the quantity of the service obligation completed by such
individual.
(c) Terms of service
(1) Part-time
A participant performing part-time national service under this part
shall serve for --
(A) 2 weekends each month and 2 weeks during the year; or
(B) an average of 9 hours per week each year of service.
(2) Full-time
A participant performing full-time national service under this part
shall serve for not less than 40 hours per week each year of service.
(3) Special senior service
A special senior service participant performing national service
under this part shall serve either part- or full-time as permitted by
the Commission.
(Pub. L. 101-610, title I, 144, Nov. 16, 1990, 104 Stat. 3152.)
42 USC -- 12575. Eligibility
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Part-time
(1) Requirements
An individual may serve in a part-time national service program under
this part if such individual --
(A) is 17 years of age or older; and
(B) is a citizen of the United States or lawfully admitted for
permanent residence.
(2) Priority
In selecting applicants for a part-time program, States shall give
priority to applicants who are currently employed.
(b) Full-time
An individual may serve in a full-time national service program under
this part if such individual --
(1) is 17 years of age or older;
(2) has received a high school diploma or the equivalent of such
diploma, or agrees to achieve a high school diploma or the equivalent of
such diploma while participating in the program; and
(3) is a citizen of the United States or lawfully admitted for
permanent residence.
(c) Special senior service
An individual may serve as a special senior service participant under
this part if such individual --
(1) is 60 years of age or older; and
(2) meets the eligibility criteria for special senior service
participation established by the Commission.
(Pub. L. 101-610, title I, 145, Nov. 16, 1990, 104 Stat. 3153; Pub.
L. 102-10, 6(a), Mar. 12, 1991, 105 Stat. 31.)
1991 -- Subsec. (c). Pub. L. 102-10 substituted ''participant'' for
''member'' in introductory provisions and ''participation'' for
''membership'' in par. (2).
42 USC -- 12576. Post-service benefits
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Part-time
(1) Federal share
The Commission shall annually provide to each part-time participant a
nontransferrable post-service benefit that is equal in value to $1,000
for each year of service that such participant provides to the program.
(2) State share
(A) In general
The State shall annually provide to each part-time participant a
nontransferrable post-service benefit that is equal in value to $1,000
for each year of service that such participant provides to the program.
(B) Waiver
A State may apply for a waiver to reduce the amount of the
post-service benefit to an amount that is equal to not less than the
average annual tuition and required fees at 4-year public institutions
of higher education within such State.
(3) Construction
Nothing in this subsection shall be construed to prevent a State from
using funds made available from non-Federal sources to increase the
amount of post-service benefits provided under paragraph (1) to an
amount in excess of that described in such paragraph.
(b) Full-time
(1) Federal share
The Commission shall annually provide to each full-time participant a
nontransferrable post-service benefit that is equal in value to $2,500
for each year of service that such participant provides to the program.
(2) State share
(A) In general
The State shall annually provide to each full-time participant a
nontransferrable post-service benefit that is equal in value to $2,500
for each year of service that such participant provides to the program.
(B) Waiver
A State may apply for a waiver to reduce the amount of the
post-service benefit to an amount that is equal to not less than the
average annual tuition, required fees, and room and board costs at
4-year public institutions of higher education within such State.
(3) Construction
Nothing in this subsection shall be construed to prevent a State from
using funds made available from non-Federal sources to increase the
amount of post-service benefits provided under paragraph (1) to an
amount in excess of that described in such paragraph.
(c) Special senior service participant
A special senior service participant shall be ineligible to receive
post-service benefits under this section.
(d) Indexing
The Commission shall increase the value of post-service benefits
provided under this section in each fiscal year based on the increase in
the costs associated with attending a 4-year institution of higher
education during that fiscal year. The Commission shall determine such
increases in costs based on information made available by the Bureau of
Labor Statistics and the National Center for Education Statistics.
(e) Post-service benefit
(1) Part-time
A post-service benefit provided under subsection (a) of this section
shall only be used for --
(A) payment of a student loan from Federal or non-Federal sources;
(B) downpayment or closing costs associated with purchasing a first
home; or
(C) tuition at an institution of higher education on a full-time
basis, or to pay the expenses incurred in the full-time participation in
an apprenticeship program approved by the appropriate State agency.
(2) Full-time
A post-service benefit provided under subsection (b) of this section
shall only be used for --
(A) payment of a student loan from Federal or non-Federal sources;
or
(B) tuition, room and board, books and fees, and other costs
associated with attendance (pursuant to section 1087ll of title 20) at
an institution of higher education on a full-time basis, or to pay the
expenses incurred in the full-time participation in an apprenticeship
program approved by the appropriate State agency.
(Pub. L. 101-610, title I, 146, Nov. 16, 1990, 104 Stat. 3153; Pub.
L. 102-10, 6(b), Mar. 12, 1991, 105 Stat. 31.)
1991 -- Subsec. (e)(2). Pub. L. 102-10 inserted ''benefit'' before
''provided'' in introductory provisions.
42 USC -- 12577. Living allowance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Full-time service
(1) In general
From assistance provided under this part, each participant in a
full-time national service program receiving assistance under this part
shall receive a living allowance of not more than an amount equal to 100
percent of the poverty line for a family of two (as defined in section
9902(2) of this title).
(2) Non-Federal sources
Notwithstanding paragraph (1), a program agency may provide
participants with additional amounts that are made available from
non-Federal sources.
(b) Reduction in existing program benefits
Nothing in this section shall be construed to require a program in
existence on November 16, 1990, to decrease any stipends, salaries, or
living allowances provided to participants under such program.
(c) Health insurance
In addition to the living allowance provided under subsection (a) of
this section, grantees are encouraged to provide health insurance to
each participant in a full-time national service program who does not
otherwise have access to health insurance.
(d) Special senior service participant
(1) Full-time
Each full-time special senior service participant shall receive a
living allowance equal to the living allowance provided to full-time
participants under subsection (a) of this section, and such other
assistance as the Commission considers necessary and appropriate for a
special senior service participant to carry out the service obligation
of such participant.
(2) Part-time
Each part-time special senior service participant shall receive a
living allowance equal to a share of such allowance offered to a
full-time special senior service participant under paragraph (1), that
has been prorated according to the number of hours such part-time
participant serves in the program, and such other assistance that the
Commission considers necessary and appropriate for a special senior
service participant to carry out the service obligation of such
participant.
(Pub. L. 101-610, title I, 147, Nov. 16, 1990, 104 Stat. 3154.)
42 USC -- 12578. Training
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Program training
(1) In general
Each participant shall receive 3 weeks of training provided by the
Commission in cooperation with the State.
(2) Contents of training session
Each training session described in paragraph (1) shall --
(A) orient each participant in the nature, philosophy, and purpose of
the program;
(B) build an ethic of community service; and
(C) train each participant to effectively perform the assigned
program task of such participant by providing --
(i) general training in citizenship and civic and community service;
and
(ii) if feasible, specialized training for the type of service that
each participant will perform.
(b) Additional training
Each State may provide additional training for participants as such
State determines necessary.
(c) Agency or organization training
Each participant shall receive training from the sponsoring
organization in skills relevant to the work to be conducted.
(d) Accommodations for individuals with disabilities
In accordance with the nondiscrimination provisions of section 12635
of this title, each training program shall provide reasonable
accommodations for individuals with disabilities.
(Pub. L. 101-610, title I, 148, Nov. 16, 1990, 104 Stat. 3155.)
42 USC -- 12579. Public-private partnership
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission shall consider and develop opportunities for
cooperation between public and private entities in the funding and
implementation of a program receiving assistance under this part,
including cost-sharing arrangements with sponsoring organizations.
(Pub. L. 101-610, title I, 149, Nov. 16, 1990, 104 Stat. 3156.)
42 USC -- 12580. In-service education benefits
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each State that receives assistance under this part shall provide to
each participant enrolled in a full-time program in-service educational
services and materials to enable such participant to obtain a high
school diploma or the equivalent of such diploma.
(Pub. L. 101-610, title I, 150, Nov. 16, 1990, 104 Stat. 3156.)
42 USC -- Part E -- Innovative and Demonstration Programs and Projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- subpart i -- limitation on grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12591. Limitation on grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission shall make grants for not fewer than three programs
authorized in this part.
(Pub. L. 101-610, title I, 155, Nov. 16, 1990, 104 Stat. 3156.)
42 USC -- subpart ii -- governors' innovative service programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12601. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission may make grants under section 12512 of this title to
States or Indians /1/ tribes for the creation of innovative volunteer
and community service programs.
(Pub. L. 101-610, title I, 156, Nov. 16, 1990, 104 Stat. 3156.)
/1/ So in original. Probably should be ''Indian''.
42 USC -- 12602. Grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Criteria for receiving applications
In determining whether to award a grant under section 12601 of this
title, the Commission shall consider --
(1) the ability of the proposed program to serve as an effective
model;
(2) the quality of the application submitted for the grant;
(3) the extent to which the proposed program builds on existing
programs; and
(4) the degree to which the program responds to human, educational,
environmental and public safety needs in an innovative manner.
(b) Authorized activities
Grants under this subpart may be used for --
(1) enhancing volunteer and community service programs;
(2) demonstration programs;
(3) research concerning, assessment of, and evaluation of service
programs;
(4) coordination of service programs;
(5) technical assistance;
(6) training and staff development; and
(7) collection and dissemination of information concerning service
programs.
(c) Application for grant
To receive a grant under this subpart, a State or Indian tribe shall
prepare and submit to the Commission, an application at such time, in
such manner, and containing such information as the Commission may
reasonably require, including --
(1) a description of the proposed program to be established with
assistance provided under the grant;
(2) a description of the human, educational, environmental or public
safety service that participants will perform and the State or community
need that will be addressed under such proposed program;
(3) a description of the target population of participants and how
they will be recruited;
(4) a description of the procedure for training supervisors and
participants and for supervising and organizing participants in such
proposed program;
(5) a description of the procedures to ensure that the proposed
program provides participants with an opportunity to reflect on their
service experiences;
(6) a description of the budget for the program;
(7) assurances that, prior to the placement of a participant, the
applicant will consult with any local labor organization representing
employees in the area who are engaged in the same or similar work as
that proposed to be carried out by such program; and
(8) assurances that, prior to the placement of a participant, the
applicant will consult with employees at the proposed program site who
are engaged in the same or similar work as that proposed to be carried
out by such program.
(Pub. L. 101-610, title I, 157, Nov. 16, 1990, 104 Stat. 3156; Pub.
L. 102-10, 7, Mar. 12, 1991, 105 Stat. 31.)
1991 -- Subsec. (c)(7), (8). Pub. L. 102-10 struck out ''in the
program'' after ''participant'' and substituted ''program'' for
''project'' in par. (7) and struck out ''in a program'' after
''participant'' in par. (8).
42 USC -- subpart iii -- peace corps
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12611. Program authorized
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
The Commission is authorized to make grants to the Director of the
Peace Corps or the Director of ACTION to carry out training and
educational benefits demonstration programs in accordance with this
subpart.
(b) Contract authority
The Director of the Peace Corps and the Director of ACTION are
authorized, either directly or by way of grant, contract, or other
arrangement, to carry out the provisions of this subpart. The authority
to enter into contracts under this subpart shall be effective for any
fiscal year only to such extent or in such amounts as are provided in
appropriations Acts.
(Pub. L. 101-610, title I, 160, Nov. 16, 1990, 104 Stat. 3157.)
42 USC -- 12612. Eligibility and selection procedures
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Eligibility
Any individual who --
(1) has completed at least 2 years of satisfactory study at an
institution of higher education, is enrolled in an educational program
of at least 4 years at an institution of higher education for which such
institution awards a bachelor's degree, and will complete such program
within 2 years;
(2) enters into an agreement with the Director of the Peace Corps or
the Director of ACTION to serve at least 3 years as a volunteer in the
Peace Corps or in VISTA; and
(3) is selected pursuant to the competitive process established under
subsection (b) of this section;
is eligible to participate in the demonstration program authorized by
this subpart.
(b) Selection procedures
The Director of the Peace Corps and the Director of ACTION shall each
establish uniform criteria for the selection on a competitive basis of
individuals to participate in the training programs established under
section 12613 of this title and to receive educational benefits under
section 12614 of this title. The selection procedures established under
this section shall be designed to provide for the awarding of grants for
benefits only to students from groups traditionally underrepresented in
the Peace Corps or VISTA and to students who will specialize in courses
of instruction for which there is a special need in the Peace Corps or
VISTA. Not more than 50 individuals shall be selected to participate in
the training programs established under section 12613 of this title.
(Pub. L. 101-610, title I, 161, Nov. 16, 1990, 104 Stat. 3157.)
42 USC -- 12613. Training program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Peace Corps and the Director of ACTION shall each
establish and carry out a training program under which each individual
selected under section 12612(b) of this title, as part of the course of
study which the individual is pursuing at the institution of higher
education of such individual, receives appropriate training in skills
that such individual will employ in the Peace Corps or VISTA.
(Pub. L. 101-610, title I, 162, Nov. 16, 1990, 104 Stat. 3158.)
42 USC -- 12614. Educational benefits
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Benefits provided
Each individual who has been selected under section 12612(b) of this
title shall be eligible to receive educational benefits in an amount
that the Director of the Peace Corps or the Director of ACTION finds
reasonable and appropriate, but that shall not exceed the costs of
tuition, room and board, books, and fees that the individual incurs in
attending the institution of higher education of such individual during
the remaining 2 years of the educational program in which the individual
is enrolled.
(b) Form of benefits
The educational benefits provided to an individual under subsection
(a) of this section shall be in the form of grants, remissions of
expenses, or such other form as the Director of the Peace Corps or the
Director of ACTION considers appropriate.
(c) Repayment of benefits
An individual provided benefits under subsection (a) of this section
shall repay the amount of the benefits so provided, plus interest not to
exceed that permitted under section 427A of the Higher Education Act of
1965 (20 U.S.C. 1077a) --
(1) if the individual fails to complete the educational program of
such individual within the 2-year period specified in section
12612(a)(1) of this title, or
(2) if the individual fails to serve 3 years as a volunteer in the
Peace Corps or VISTA upon completing the educational program of such
individual.
The Director of the Peace Corps or the Director of ACTION may waive
the repayment requirement if exceptional circumstances, such as illness
or death, prevent an individual from meeting such 2-year or 3-year
requirement.
(d) Collection by Secretary of Education
The Secretary of Education shall have the authority to collect
amounts owed by an individual under subsection (c) of this section. The
Secretary may, for the purpose of collecting such amounts, exercise the
authorities conferred on the Secretary by sections 467 and 468 of the
Higher Education Act of 1965 (20 U.S.C. 1087gg and 1087hh) with respect
to the collection of defaulted loans under part E of title IV of that
Act (20 U.S.C. 1087aa et seq.). Amounts collected under this subsection
shall be deposited in the general fund of the Treasury.
(Pub. L. 101-610, title I, 163, Nov. 16, 1990, 104 Stat. 3158.)
The Higher Education Act of 1965, referred to in subsec. (d), is
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Part E of
title IV of the Act is classified to part D ( 1087aa et seq.), of
subchapter IV of chapter 28 of Title 20, Education. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 20 and Tables.
42 USC -- 12615. Evaluation and report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The General Accounting Office shall conduct an evaluation of any
program authorized by this subpart and shall prepare and submit to the
President and the appropriate committees of Congress --
(1) not later than October 31, 1993, an interim report on such
evaluation; and
(2) not later than October 31, 1995, a final report on such
evaluation, together with such recommendations, including
recommendations for legislation, as the Director of the Peace Corps, the
Director of ACTION, and the Secretary consider appropriate.
(Pub. L. 101-610, title I, 164, Nov. 16, 1990, 104 Stat. 3159.)
42 USC -- subpart iv -- other volunteer programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12621. Rural youth service demonstration project
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission is authorized, in accordance with this part, to make
grants and enter into contracts under section 12512 of this title for
the establishment of demonstration projects in rural areas. Such
projects may include volunteer service involving the elderly and
assisted-living services performed by students, school dropouts, and
out-of-school youth.
(Pub. L. 101-610, title I, 165, Nov. 16, 1990, 104 Stat. 3159.)
42 USC -- 12622. Assistance for Head Start
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission, in consultation with the Director of ACTION, is
authorized to make grants under section 12512 of this title to grantees
under the Foster Grandparent Program (part B of title II of the Domestic
Volunteer Service Act (42 U.S.C. 5011 et seq.)) for the purpose of
increasing the number of low-income individuals who provide services
under such program to children who participate in Head Start programs.
(Pub. L. 101-610, title I, 166, Nov. 16, 1990, 104 Stat. 3159.)
The Domestic Volunteer Service Act, referred to in text, probably
means the Domestic Volunteer Service Act of 1973, Pub. L. 93-113, Oct.
1, 1973, 87 Stat. 394, as amended, Part B of title II of the Act is
classified generally to part B ( 5011 et seq.) of subchapter II of
chapter 66 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 4950 of this title
and Tables.
42 USC -- 12623. Employer-based retiree volunteer programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Commission is authorized to make grants under section 12512 of
this title to public and private nonprofit organizations for the purpose
of bringing together retirees, their former employers, and community
agencies to develop employer-based retiree volunteer programs.
(Pub. L. 101-610, title I, 167, Nov. 16, 1990, 104 Stat. 3159.)
42 USC -- Part F -- Administrative Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12631. Limitation on number of grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Commission shall not award more than one grant during each fiscal
year to each State under section 12512 of this title.
(b) Number of applications
In submitting applications for a grant under section 12512 of this
title, a State shall consolidate all of the applications of such State
for the conduct of programs under parts B through E of this subchapter,
into a single application that meets the requirements of such parts.
(c) Multiple use
A grant awarded under section 12512 of this title to a State may be
used by the State in accordance with the applications consolidated,
submitted, and approved under parts B through E of this subchapter.
(Pub. L. 101-610, title I, 171, Nov. 16, 1990, 104 Stat. 3159.)
42 USC -- 12632. Reports
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) State reports
(1) In general
Each State receiving assistance under this subchapter shall prepare
and submit, to the Commission, an annual report concerning the use of
assistance provided under this subchapter and the status of the national
and community service programs that receive assistance under such
subchapter in such State.
(2) Local grantees
Each State may require local grantees that receive assistance under
this subchapter to supply such information to the State as is necessary
to enable the State to complete the report required under paragraph (1),
including a comparison of actual accomplishments with the goals
established for the program, the number of participants in the program,
the number of service hours generated, and the existence of any
problems, delays or adverse conditions that have affected or will affect
the attainment of program goals.
(3) Report demonstrating compliance
(A) In general
Each State receiving assistance under this subchapter shall include
information in the report required under paragraph (1) that demonstrates
the compliance of the State with the provisions of this chapter,
including sections 12637 and 12523(9) of this title.
(B) Local grantees
Each State may require local grantees to supply such information to
the State as is necessary to enable the State to comply with the
requirement of paragraph (1).
(4) Availability of report
Reports submitted under paragraph (1) shall be made available to the
public on request.
(b) Report to Congress
(1) In general
Not later than 120 days after the end of each fiscal year, the
Commission shall prepare and submit, to the appropriate authorizing and
appropriation Committees of Congress, a report concerning the programs
that receive assistance under this subchapter.
(2) Content
Reports submitted under paragraph (1) shall contain a summary of the
information contained in the State reports submitted under subsection
(a) of this section, and shall reflect the findings and actions taken as
a result of any evaluation conducted by the Commission.
(Pub. L. 101-610, title I, 172, Nov. 16, 1990, 104 Stat. 3159.)
This subchapter, referred to in text, was in the original ''this
title'', meaning title I of Pub. L. 101-610, Nov. 16, 1990, 104 Stat.
3129, which enacted this subchapter and amended sections 1070a-6 and
1087vv of Title 20, Education.
This chapter, referred to in subsec. (a)(3)(A), was in the original
''this Act'', meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,
known as the National and Community Service Act of 1990, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 12501
of this title and Tables.
42 USC -- 12633. Supplementation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Assistance provided under this subchapter shall be used to supplement
the level of State and local public funds expended for services of the
type assisted under this subchapter in the previous fiscal year.
(b) Aggregate expenditure
Subsection (a) of this section shall be satisfied, with respect to a
particular program, if the aggregate expenditure for such program for
the fiscal year in which services are to be provided will not be less
than the aggregate expenditure for such program in the previous fiscal
year, excluding the amount of Federal assistance provided and any other
amounts used to pay the remainder of the costs of programs assisted
under this subchapter.
(Pub. L. 101-610, title I, 173, Nov. 16, 1990, 104 Stat. 3160.)
42 USC -- 12634. Prohibition on use of funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Prohibited uses
No assistance made available under a grant under this subchapter
shall be used to provide religious instruction, conduct worship
services, or engage in any form of proselytization.
(b) Political activity
Assistance provided under this subchapter shall not be used by
program participants and program staff to --
(1) assist, promote, or deter union organizing; or
(2) finance, directly or indirectly, any activity designed to
influence the outcome of an election to Federal office or the outcome of
an election to a State or local public office.
(c) Contracts or collective bargaining agreements
A program that receives assistance under this subchapter shall not
impair existing contracts for services or collective bargaining
agreements.
(Pub. L. 101-610, title I, 174, Nov. 16, 1990, 104 Stat. 3160.)
42 USC -- 12635. Nondiscrimination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
An individual with responsibility for the operation of a project that
receives assistance under this subchapter shall not discriminate against
a participant or member of the staff of such project on the basis of
race, color, national origin, sex, age, disability, or political
affiliation of such member.
(b) Federal financial assistance
Any assistance provided under this subchapter shall constitute
Federal financial assistance for purposes of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.), and the regulations issued under such Acts.
(c) Religious discrimination
(1) In general
Except as provided in paragraph (2), an individual with
responsibility for the operation of a project that receives assistance
under this subchapter shall not discriminate on the basis of religion
against a participant or a member of the project staff who is paid with
funds received under this subchapter.
(2) Exception
Paragraph (1) shall not apply to the employment, with assistance
provided under this subchapter, of any member of the staff of a project
that receives assistance under this subchapter who was employed with the
organization operating the project on the date the grant under this
subchapter was awarded.
(d) Rules and regulations
The Commission shall promulgate rules and regulations to provide for
the enforcement of this section that shall include provisions for
summary suspension of assistance for not more than 30 days, on an
emergency basis, until notice and an opportunity to be heard can be
provided.
(Pub. L. 101-610, title I, 175, Nov. 16, 1990, 104 Stat. 3161.)
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act
is classified generally to subchapter V ( 2000d et seq.) of chapter 21
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title and Tables.
The Education Amendments of 1972, referred to in subsec. (b), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of
the Act is classified principally to chapter 38 ( 1681 et seq.) of Title
20, Education. For complete classification of this Act to the Code, see
Short Title of 1972 Amendment note set out under section 1001 of Title
20 and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 357, as amended, which is
classified principally to chapter 16 ( 701 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see Short Title
note set out under section 701 of Title 29 and Tables.
The Age Discrimination Act of 1975, referred to in subsec. (b), is
title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended,
which is classified generally to chapter 76 ( 6101 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 6101 of this title and Tables.
42 USC -- 12636. Notice, hearing, and grievance procedures
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) Suspension of payments
The Commission may in accordance with the provisions of this
subchapter, suspend or terminate payments under a contract or grant
providing assistance under this subchapter whenever the Commission
determines there is a material failure to comply with this subchapter or
the applicable terms and conditions of any such grant or contract issued
pursuant to this subchapter.
(2) Procedures to ensure assistance
The Commission shall prescribe procedures to ensure that --
(A) assistance provided under this subchapter shall not be suspended
for failure to comply with the applicable terms and conditions of this
subchapter except, in emergency situations, a suspension may be granted
for 30 days; and
(B) assistance provided under this subchapter shall not be terminated
for failure to comply with applicable terms and conditions of this
subchapter unless the recipient of such assistance has been afforded
reasonable notice and opportunity for a full and fair hearing.
(b) Hearings
Hearings or other meetings that may be necessary to fulfill the
requirements of this section shall be held at locations convenient to
the recipient of assistance under this subchapter.
(c) Transcript or recording
A transcript or recording shall be made of a hearing conducted under
this section and shall be available for inspection by any individual.
(d) State legislation
Nothing in this subchapter shall be construed to preclude the
enactment of State legislation providing for the implementation,
consistent with this subchapter, of the programs administered under this
subchapter.
(e) Construction
Nothing in this subchapter shall be construed to link performance of
service with receipt of Federal student financial assistance.
(f) Grievance procedure
(1) In general
State and local applicants that receive assistance under this
subchapter shall establish and maintain a procedure to adjudicate
grievances from participants, labor organizations, and other interested
individuals concerning programs that receive assistance under this
subchapter, including grievances regarding proposed placements of such
participants in such projects.
(2) Deadline for grievances
Except for a grievance that alleges fraud or criminal activity, a
grievance shall be made not later than 1 year after the date of the
alleged occurrence.
(3) Deadline for hearing and decision
(A) Hearing
A hearing on any grievance conducted under this subsection shall be
conducted not later than 30 days of filing such grievance.
(B) Decision
A decision on any grievance shall be made not later than 60 days
after the filing of such grievance.
(4) Arbitration
(A) In general
On the occurrence of an adverse grievance decision, or 60 days after
the filing of such grievance if no decision has been reached, the party
filing the grievance shall be permitted to submit such grievance to
binding arbitration before a qualified arbitrator who is jointly
selected and independent of the interested parties.
(B) Deadline for proceeding
An arbitration proceeding shall be held not later than 45 days after
the request for such arbitration.
(C) Deadline for decision
A decision concerning such grievance shall be made not later than 30
days after the date of such arbitration proceeding.
(D) Cost
The cost of such arbitration proceeding shall be divided evenly
between the parties to the arbitration.
(5) Proposed placement
If a grievance is filed regarding a proposed placement of a
participant in a program that receives assistance under this subchapter,
such placement shall not be made unless it is consistent with the
resolution of the grievance pursuant to this subsection.
(6) Remedies
Remedies for a grievance filed under this subsection include --
(A) suspension of payments for assistance under this subchapter;
(B) termination of such payments; and
(C) prohibition of such placement described in paragraph (5).
(Pub. L. 101-610, title I, 176, Nov. 16, 1990, 104 Stat. 3161.)
42 USC -- 12637. Nonduplication and nondisplacement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Nonduplication
(1) In general
Assistance provided under this subchapter shall be used only for a
program that does not duplicate, and is in addition to, an activity
otherwise available in the locality of such program.
(2) Private nonprofit entity
Assistance made available under this subchapter shall not be provided
to a private nonprofit entity to conduct activities that are the same or
substantially equivalent to activities provided by a State or local
government agency that such entity resides in, unless the requirements
of subsection (b) of this section are met.
(b) Nondisplacement
(1) In general
An employer shall not displace an employee or position, including
partial displacement such as reduction in hours, wages, or employment
benefits, as a result of the use by such employer of a participant in a
program receiving assistance under this subchapter.
(2) Service opportunities
A service opportunity shall not be created under this subchapter that
will infringe in any manner on the promotional opportunity of an
employed individual.
(3) Limitation on services
(A) Duplication of services
A participant in a program receiving assistance under this subchapter
shall not perform any services or duties or engage in activities that
would otherwise be performed by an employee as part of the assigned
duties of such employee.
(B) Supplantation of hiring
A participant in any program receiving assistance under this
subchapter shall not perform any services or duties or engage in
activities that will supplant the hiring of employed workers.
(C) Duties formerly performed by another employee
A participant in any program receiving assistance under this
subchapter shall not perform services or duties that have been performed
by or were assigned to any --
(i) presently employed worker;
(ii) employee who recently resigned or was discharged;
(iii) employee who is subject to a reduction in force;
(iv) employee who is on leave (terminal, temporary, vacation,
emergency, or sick); or
(v) employee who is on strike or who is being locked out.
(c) Labor market information
The Secretary of Labor shall make available to the Commission and to
any program agency under this subchapter such labor market information
as is appropriate for use in carrying out the purposes of this
subchapter.
(d) Treatment of benefits
Section 142(b) of the Job Training Partnership Act (29 U.S.C.
1552(b)) shall apply to the projects conducted under this subchapter as
/1/ such projects were conducted under the Job Training Partnership Act
(29 U.S.C. 1501 et seq.).
(e) Standards of conduct
Programs that receive assistance under this subchapter shall
establish and stringently enforce standards of conduct at the program
site to promote proper moral and disciplinary conditions.
(Pub. L. 101-610, title I, 177, Nov. 16, 1990, 104 Stat. 3163.)
The Job Training Partnership Act, referred to in subsec. (d), is
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is
classified generally to chapter 19 ( 1501 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see Short Title
note set out under section 1501 of Title 29 and Tables.
/1/ So in original. Probably should be ''as if''.
42 USC -- 12638. State Advisory Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Formation of Board
Each State that applies for assistance under this subchapter is
encouraged to establish a State Advisory Board for National and
Community Service.
(b) Members
(1) In general
The chief executive officer of a State referred to in subsection (a)
of this section shall appoint members to such Advisory Board from among
--
(A) representatives of State agencies administering community
service, youth service, education, social service, senior service, and
job training programs; and
(B) representatives of labor, business, agencies working with youth,
community-based organizations such as community action agencies,
students, teachers, Older American Volunteer Programs as established
under title II of the Domestic Volunteer Act of 1973 (42 U.S.C. 5001 et
seq.), full-time youth corps programs, school-based community service
programs, higher education institutions, local educational agencies,
volunteer public safety organizations, educational partnership programs,
and other organizations working with volunteers.
(2) Balance of membership
To the extent practicable, the chief executive officer of a State
referred to in subsection (a) of this section shall ensure that the
membership of the Advisory Board is balanced according to race,
ethnicity, age, and gender.
(c) Duties of Board
A State Advisory Board for National and Community Service established
under subsection (a) of this section shall assist the State agency
administering a program receiving assistance under this subchapter in --
(1) coordinating programs that receive assistance under this
subchapter and related programs within the State;
(2) disseminating information concerning service programs that
receive assistance under this subchapter;
(3) recruiting participants for programs that receive assistance
under this subchapter; and
(4) developing programs, training methods, curriculum materials, and
other materials and activities related to programs that receive
assistance under this subchapter.
(Pub. L. 101-610, title I, 178, Nov. 16, 1990, 104 Stat. 3164; Pub.
L. 102-10, 8(1), Mar. 12, 1991, 105 Stat. 31.)
The Domestic Volunteer Act of 1973, referred to in subsec.
(b)(1)(B), probably means the Domestic Volunteer Service Act of 1973,
Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as amended. Title II of
the Act is classified generally to subchapter II ( 5001 et seq.) of
chapter 66 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 4950 of this title
and Tables.
1991 -- Subsec. (b)(1)(B). Pub. L. 102-10 substituted ''youth
corps'' for ''youth service corps''.
42 USC -- 12639. Evaluation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Commission shall provide, through grants or contracts, for the
continuing evaluation of programs that receive assistance under this
subchapter, including evaluations that measure the impact of such
programs, to determine --
(1) the effectiveness of various program models in achieving stated
goals and the costs associated with such;
(2) for purposes of the reports required by subsection (h) of this
section, the impact of such programs, in each State in which a program
is conducted, on the ability of --
(A) the VISTA and older American volunteer programs (established
under the Domestic Volunteer Services /1/ Act of 1973 (42 U.S.C. 4950
et seq.));
(B) each regular component of the Armed Forces (as defined in section
101(4) of title 10);
(C) each of the reserve components of the Armed Forces (as described
in section 216(a) of title 5); /2/ and
(D) the Peace Corps (as established by the Peace Corps Act (22 U.S.C.
2501 et seq.));
to recruit individuals residing in such State to serve in such
program; and
(3) the structure and mechanisms for delivery of services for such
programs.
(b) Comparisons
The Commission shall provide for inclusion in the evaluations
required under subsection (a) of this section, where appropriate,
comparisons of participants in such programs with individuals who have
not participated in such programs.
(c) Conducting evaluations
Evaluations of programs under subsection (a) of this section shall be
conducted by individuals who are not directly involved in the
administration of such program.
(d) Standards
The Secretary shall develop and publish general standards for the
evaluation of program effectiveness in achieving the objectives of this
subchapter.
(e) Community participation
In evaluating a program receiving assistance under this subchapter,
the Commission shall consider the opinions of participants and members
of the communities where services are delivered concerning the strengths
and weaknesses of such program.
(f) Comparison of program models
The Commission shall evaluate and compare the effectiveness of
different program models in meeting the program objectives described in
subsection (g) of this section including full- and part-time programs,
programs involving different types of national service, programs using
different recruitment methods, programs offering alternative voucher
options, and programs utilizing individual placements and teams.
(g) Program objectives
The Commission shall ensure that programs that receive assistance
under part D of this subchapter are evaluated to determine their
effectiveness in --
(1) recruiting and enrolling diverse participants in such programs,
consistent with the requirements of section 12575 of this title, based
on economic background, race, ethnicity, age, marital status, education
levels, and disability;
(2) promoting the educational achievement of each participant in such
programs, based on earning a high school diploma or the equivalent of
such diploma and the future enrollment and completion of increasingly
higher levels of education;
(3) encouraging each participant to engage in public and community
service after completion of the program based on career choices and
service in other service programs such as the Volunteers in Service to
America Program and older American volunteer programs established under
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.), the
Peace Corps (as established by the Peace Corps Act (22 U.S.C. 2501 et
seq.)), the military, and part-time volunteer service;
(4) promoting of positive attitudes among each participant regarding
the role of such participant in solving community problems based on the
view of such participant regarding the personal capacity of such
participant to improve the lives of others, the responsibilities of such
participant as a citizen and community member, and other factors;
(5) enabling each participant to finance a lesser portion of the
higher education of such participant through student loans;
(6) providing services and projects that benefit the community;
(7) supplying additional volunteer assistance to community agencies
without overloading such agencies with more volunteers than can
effectively be utilized;
(8) providing services and activities that could not otherwise be
performed by employed workers and that will not supplant the hiring of,
or result in the displacement of, employed workers or impair the
existing contracts of such workers; and
(9) attracting a greater number of citizens to public service,
including service in the active and reserve components of the Armed
Forces, the National Guard, the Peace Corps (as established by the Peace
Corps Act (22 U.S.C. 2501 et seq.)), and the VISTA and older American
volunteer programs established under the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4950 et seq.).
(h) Obtaining information
(1) In general
In conducting the evaluations required under subsection (g) of this
section, the Commission may require each program participant and State
or local applicant to provide such information as may be necessary to
carry out the requirements of this section.
(2) Confidentiality
The Commission shall keep information acquired under this section
confidential.
(i) Deadline
The Commission shall complete the evaluations required under
subsection (g) of this section not later than 30 months after November
16, 1990.
(j) Report
Not later than 24 months after the date on which the first program is
initiated under this subchapter, the Commission shall prepare and
submit, to the appropriate Committees of Congress, a report containing
the results of the evaluations conducted under subsection (a)(2) of this
section with respect to the first 18 months after such initiation date.
(Pub. L. 101-610, title I, 179, Nov. 16, 1990, 104 Stat. 3164.)
The Domestic Volunteer Service Act of 1973, referred to in subsec.
(g)(3), (9), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as
amended, which is classified principally to chapter 66 ( 4950 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 4950 of this title and Tables.
The Peace Corps Act, referred to in subsecs. (a)(2)(D) and (g)(3),
(9), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended,
which is classified principally to chapter 34 ( 2501 et seq.) of Title
22, Foreign Relations and Intercourse. For complete classification of
that Act to the Code, see Short Title note set out under section 2501 of
Title 22 and Tables.
/1/ So in original. Probably should be ''Service''.
/2/ So in original. Probably should be ''section 261(a) of title
10);''.
42 USC -- 12640. Engagement of participants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A State shall not engage a participant to serve in any program that
receives assistance under this subchapter unless and until amounts have
been appropriated under section 12681 of this title for the provision of
post-service benefits and for the payment of other necessary expenses
and costs associated with such participant.
(Pub. L. 101-610, title I, 180, Nov. 16, 1990, 104 Stat. 3166.)
42 USC -- 12641. National Service Demonstration Program amendments
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Treatment of education and housing benefits
For purposes of determining eligibility for programs under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) (hereafter
in this section referred to as the ''Act''), post-service benefits
received under this chapter shall be considered as estimated financial
assistance as defined in section 428(a)(2)(C)(i) of title IV of the Act
(20 U.S.C. 1078(a)(2)(C)(i)), except that in no case shall such a
post-service benefit be considered as --
(1) annual adjusted family income as defined in section 411F(1) of
subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a-6); or
(2) total income as defined in section 480(a) of part F of title IV
of such Act (20 U.S.C. 1087vv(a)).
(b) Treatment of stipend for living expenses
In no case shall living allowances received under this chapter be
considered in the determination of expected family contribution or
independent student status under --
(1) subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a et
seq.); or
(2) part F of title IV of such Act (20 U.S.C. 1087kk et seq.).
(c) Contingent extension
Section 1226a of title 20 shall apply to this chapter.
(Pub. L. 101-610, title I, 181, Nov. 16, 1990, 104 Stat. 3166.)
The Higher Education Act of 1965, referred to in subsecs. (a) and
(b), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended.
Title IV of the Act is classified generally to subchapter IV ( 1070 et
seq.) of chapter 28 of Title 20, Education, and part C ( 2751 et seq.)
of subchapter I of chapter 34 of this title. Subpart 1 of part A of
title IV of the Act is classified generally to subpart 1 ( 1070a et
seq.) of part A of subchapter IV of chapter 28 of Title 20. Part F of
title IV of the Act is classified generally to part E ( 1087kk et seq.)
of subchapter IV of chapter 28 of Title 20. For complete classification
of this Act to the Code, see Short Title note set out under section 1001
of Title 20 and Tables.
42 USC -- 12642. Partnerships with schools
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Design of programs
The head of each Federal agency and department shall design and
implement a comprehensive strategy to involve employees of such agencies
and departments in partnership programs with elementary schools and
secondary schools. Such strategy shall include --
(1) a review of existing programs to identify and expand the
opportunities for such employees to be adult volunteers in schools and
for students and out-of-school youth;
(2) the designation of a senior official in each such agency and
department who will be responsible for establishing adult volunteer and
partnership and youth service programs in each such agency and
department and for developing adult volunteer and partnership and youth
service programs;
(3) the encouragement of employees of such agencies and departments
to participate in adult volunteer and partnership programs and other
service projects;
(4) the annual recognition of outstanding service programs operated
by Federal agencies; and
(5) the encouragement of businesses and professional firms to include
community service among the factors considered in making hiring,
compensation, and promotion decisions.
(b) Report
Not later than 180 days after November 16, 1990, and on a regular
basis thereafter, the head of each Federal agency and department shall
prepare and submit, to the appropriate Committees of Congress, a report
concerning the implementation of this section.
(Pub. L. 101-610, title I, 182, Nov. 16, 1990, 104 Stat. 3167.)
42 USC -- 12643. Service as tutors
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Notwithstanding any other provision of this chapter, a service
opportunity through which a part-time participant serves as a classroom
tutor under the supervision of a certified professional shall be
considered an acceptable placement if the requirements of section
12637(b)(1) and (2) of this title and section 12634 of this title are
met.
(Pub. L. 101-610, title I, 183, Nov. 16, 1990, 104 Stat. 3167.)
42 USC -- 12644. Drug-free workplace requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
All programs receiving grants under this subchapter shall be subject
to the Drug-Free Workplace Requirements for Federal Grant Recipients
under sections 702 through 707 of title 41.
(Pub. L. 101-610, title I, 184, Nov. 16, 1990, 104 Stat. 3167.)
42 USC -- 12645. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Prior to the end of the 180-day period beginning on November 16,
1990, the Commission shall issue final rules or regulations necessary to
implement the provisions of this subchapter.
(Pub. L. 101-610, title I, 186, as added Pub. L. 102-10, 8(2), Mar.
12, 1991, 105 Stat. 31.)
42 USC -- Part G -- Commission on National and Community Service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12651. Commission on National and Community Service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
There is established a Commission on National and Community Service
that shall administer the programs established under this subchapter.
(b) Board of Directors
(1) Composition
(A) In general
The Commission shall be administered by a Board of Directors
(hereinafter referred to in this section as the ''Board'') that shall be
composed of 21 members, to be appointed by the President with the advice
and consent of the Senate. To the maximum extent practicable, an effort
should be made to appoint members --
(i) who have extensive experience in volunteer and service
opportunity programs and who represent a broad range of viewpoints; and
(ii) so that the Board shall be diverse according to race, ethnicity,
age, gender, and political party membership.
(B) Ex-officio members
The Secretary of Education, Secretary of Health and Human Services,
Secretary of Labor, Secretary of Interior, Secretary of Agriculture, and
the Director of the ACTION agency shall serve as ex-officio members of
the Board.
(2) Terms
Each member of the Board shall serve for a term of 3 years, except
that seven of the initial members of the Board shall serve for a term of
1 year and seven shall serve for a term of 2 years, as designated by the
President.
(3), (4) Repealed. Pub. L. 102-10, 9(1)(B), Mar. 12, 1991, 105
Stat. 31
(5) Vacancies
As vacancies occur on the Board, new members shall be appointed by
the President, with the advice and consent of the Senate, and serve for
the remainder of the term for which the predecessor of such member was
appointed.
(6) Chairperson
The Board shall elect a chairperson and vice-chairperson from among
its membership.
(7) Meetings
The Board shall meet not less than three times each year. The Board
shall hold additional meetings if seven members of the Board request
such meetings in writing. A majority of the Board shall constitute a
quorum.
(8) Expenses
While away from their homes or regular places of business on the
business of the Board, members of such Board may be allowed travel
expenses, including per diem in lieu of subsistence, as is authorized
under section 5703 of title 5 for persons employed intermittently in the
Government service.
(c) Duties
The Board shall --
(1) advise the President and the Congress concerning developments in
national and community service that merit the attention of the President
and the Congress;
(2) design, administer and disseminate information regarding the
programs and initiatives established under this subchapter;
(3) consult with appropriate Federal agencies in administering
programs that receive assistance under this subchapter;
(4) have the authority to delegate authority to administer the
programs established under this subchapter to any other agency or entity
of the Federal Government, on the agreement of such agency or entity, as
the Board determines appropriate;
(5) provide, directly or through contract with public or private
nonprofit organizations that have extensive experience in service
programs, training and technical assistance to States, school and
community-based service programs, full-time youth service corps, and
national service demonstration programs;
(6) arrange for the evaluation of programs established under this
subchapter, in accordance with section 12639 of this title;
(7) coordinate with the Secretary of Defense in evaluating the effect
of the program authorized by part D of this subchapter on the
recruitment efforts of the active and reserve components of the Armed
Forces; and
(8) carry out any other activities determined appropriate by the
Secretary.
(d) Executive Director of Board
(1) In general
The Board shall appoint an individual to serve as Executive Director
of the Board (hereinafter referred to in this section as the
''Director'').
(2) Duties
The Director shall advise the Board concerning developments in
volunteer or national service that the Director determines merits the
attention of the Board, identify promising service initiatives, and
coordinate the work of the Board with the work of other Federal agencies
involved in service activities and in the design of a competitive grant
to provide assistance as authorized under this subchapter.
(e) Technical employees
The Director may, at the discretion of the Board, appoint not more
than 10 technical employees to administer the Committee. Such employees
shall be appointed for terms that shall not exceed 2 years, without
regard to the provisions of title 5 governing appointments in the
competitive service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(f) Clearinghouses
(1) In general
The Commission shall provide assistance to not more than four
regional service clearinghouses.
(2) Public and private nonprofit agencies
Public and private nonprofit agencies that have extensive experience
in community service, adult volunteer and partnership programs, youth
service, intergenerational service programs, and programs working with
at-risk youth shall be eligible to receive assistance under paragraph
(1).
(3) Function of clearinghouses
Clearinghouses that receive assistance under paragraph (1) shall --
(A) assist State and local community service programs with needs
assessments and planning;
(B) conduct research and evaluations concerning community service;
(C) provide leadership development and training to State and local
community service program administrators, supervisors, and participants;
(D) administer award and recognition programs for outstanding
community service programs and participants;
(E) facilitate communication among community service programs and
participants;
(F) provide information, curriculum materials, technical assistance
on program planning and operation, and training to States and local
entities eligible to receive funds under this subchapter;
(G) gather and disseminate information on successful programs,
components of successful programs, innovative youth skills curriculum,
and projects being implemented nationwide; and
(H) make recommendations to State and local entities on quality
controls to improve program delivery and on changes in the programs
under this subchapter.
(g) Presidential Awards for services
(1) Presidential Awards
(A) In general
The President, acting through the Commission, is authorized to make
Presidential Awards for service to --
(i) individuals demonstrating outstanding community service including
school-based service;
(ii) outstanding service learning and community service programs;
and
(iii) outstanding teachers in service-learning programs.
(B) Number of awards
The President is authorized to make one or more individual, one or
more teaching, and one or more program awards in each Congressional
district, and one or more Statewide individual program and teaching
awards in each State.
(C) Consultation
The President shall consult with the Governor of each State, and with
the Board, in the selection of individuals and programs for Presidential
Awards.
(D) Participants in programs
An individual receiving an award under this subsection need not be a
participant in a program assisted under this subchapter.
(2) Information
The President shall ensure that information concerning individuals
and programs receiving awards under this subsection is widely
disseminated.
(h) Report
Not later than January 1, 1993, the President shall prepare and
submit to the Committee on Labor and Human Resources of the Senate and
the Committee on Education and Labor of the House of Representatives, a
report containing recommendations for the improvement of the
administration and coordination of volunteer, national, and community
service programs administered by the ACTION Agency, the Commission on
National Service, and other Federal entities. Such report shall include
--
(1) an assessment of whether Federal volunteer, national and
community service programs could be more cost effectively and
efficiently administered by a single Federal entity or fewer entities,
including an estimate of any cost savings that could be achieved by
consolidating or centralizing the management of such programs; and
(2) a description of the roles and responsibilities of the ACTION
Agency, the Commission on National Service and other Federal entities in
developing and coordinating National policy on voluntarism and national
and community service and any recommendations for clarifying or altering
the missions and responsibilities of such entities which may be
appropriate.
(Pub. L. 101-610, title I, 190, Nov. 16, 1990, 104 Stat. 3168; Pub.
L. 102-10, 9, Mar. 12, 1991, 105 Stat. 31.)
This subchapter, referred to in subsecs. (a), (c)(2), (3), (4), (6),
(d)(2), (f)(3)(F), (H), and (g)(1)(D), was in the original ''this
title'', meaning title I of Pub. L. 101-610, Nov. 16, 1990, 104 Stat.
3129, which enacted this subchapter and amended sections 1070a-6 and
1087vv of Title 20, Education.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (e), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
1991 -- Subsec. (b)(1)(A). Pub. L. 102-10, 9(1)(A), substituted
''Senate. To the maximum extent practicable, an effort should be made
to appoint members --
''(i) who have extensive experience in volunteer and service
opportunity programs and who represent a broad range of viewpoints; and
''(ii) so that the Board shall be diverse according to race,
ethnicity, age, gender, and political party membership.'' for ''Senate,
who shall be individuals who have extensive experience in volunteer and
service opportunity programs and who represent a broad range of
viewpoints. The membership of the Board shall be balanced according to
the race, ethnicity age and gender of its members.''
Subsec. (b)(2) to (4). Pub. L. 102-10, 9(1)(B), added par. (2) and
struck out former pars. (2) to (4) which read as follows:
''(2) Political parties. -- Not more than 11 members of the Board
shall belong to the same political party.
''(3) Nominations. -- Seven members of the Board shall be appointed
from among individuals nominated by the Speaker of the House of
Representatives, and seven of such members shall be appointed from among
individuals nominated by the majority leader of the Senate.
''(4) Terms. -- Each member of the Board shall serve for a term of 2
years, except that, subject to the provisions of paragraph (4), 11 of
the initial members of the Board shall serve for a term of 1 year, as
designated by the President.''
Subsec. (c)(7). Pub. L. 102-10, 9(2), substituted ''program
authorized by part D of this subchapter'' for ''national service
demonstration program''.
Subsec. (f)(3). Pub. L. 102-10, 9(4), substituted ''Clearinghouses''
for ''National and regional clearinghouses''.
42 USC -- SUBCHAPTER II -- POINTS OF LIGHT FOUNDATION
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12661. Findings and purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
Congress finds that --
(1) community service and service to others is an integral part of
American tradition;
(2) existing volunteers and volunteer programs should be praised for
their efforts in helping and serving others;
(3) the definition of a successful life includes service to others;
(4) individuals should be encouraged to volunteer their time and
energies in community service efforts;
(5) if asked to volunteer or participate in community service, most
Americans will do so;
(6) institutions should be encouraged to volunteer their resources
and energies and should encourage volunteer and community service among
their members, employees, affiliates; and
(7) volunteer and community service programs are intended to
complement and not replace governmental responsibilities.
(b) Purpose
It is the purpose of this subchapter --
(1) to encourage every American and every American institution to
help solve our most critical social problems by volunteering their time,
energies and services through community service projects and
initiatives;
(2) to identify successful and promising community service projects
and initiatives, and to disseminate information concerning such projects
and initiatives to other communities in order to promote their adoption
nationwide; and
(3) to discover and encourage new leaders and develop individuals and
institutions that serve as strong examples of a commitment to serving
others and to convince all Americans that a successful life includes
serving others.
(Pub. L. 101-610, title III, 302, Nov. 16, 1990, 104 Stat. 3180.)
42 USC -- 12662. Authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The President is authorized to designate a private, nonprofit
organization (hereinafter referred to in this subchapter as the
Foundation) to receive funds pursuant to section 12681(b) of this title,
upon the determination of the President that such organization is
capable of carrying out the undertakings described in section 12661 of
this title. Any such designation by the President shall be revocable.
(b) Construction
Nothing in this chapter shall be construed either --
(1) to cause the Foundation to be deemed an agency, establishment, or
instrumentality of the United States Government; or
(2) to cause the directors, officers or employees of the Foundation
to be deemed officers or employees of the United States.
(Pub. L. 101-610, title III, 303, Nov. 16, 1990, 104 Stat. 3181.)
This chapter, referred to in subsec. (b), was in the original ''this
Act'', meaning Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, known
as the National and Community Service Act of 1990, which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 12501 of this title
and Tables.
42 USC -- 12663. Grants to Foundation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Funds made available pursuant to sections 12662 and 12681(b) of this
title shall be granted to the Foundation by a department or agency in
the executive branch of the United States Government designated by the
President --
(1) to assist the Foundation in carrying out the undertakings
described in section 12661 of this title; and
(2) for the administrative expenses of the Foundation.
(b) Interest earned on accounts
Notwithstanding any other provision of law, the Foundation may hold
funds granted to it pursuant to this subchapter in interest-bearing
accounts, prior to the disbursement of such funds for purposes specified
in subsection (a) of this section, and may retain for such purposes any
interest earned on such deposits without returning such interest to the
Treasury of the United States and without further appropriation by the
Congress.
(Pub. L. 101-610, title III, 304, Nov. 16, 1990, 104 Stat. 3181.)
42 USC -- 12664. Eligibility of Foundation for grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Compliance
Grants may be made to the Foundation pursuant to this subchapter only
if the Foundation agrees to comply with the requirements of this
subchapter. If the Foundation fails to comply with the requirements of
this subchapter, additional funds shall not be released until the
Foundation brings itself into compliance with such requirements.
(b) Activities
The Foundation may use funds provided under this subchapter only for
activities and programs consistent with the purposes described in
sections 12661 and 12663 of this title.
(c) Limitation
The Foundation shall not issue any shares of stock or declare or pay
any dividends.
(d) Compensation
No part of the funds available to the Foundation shall inure to the
benefit of any board member, officer, or employee of the Foundation,
except as salary or reasonable compensation for services or expenses.
Compensation for board members shall be limited to reimbursement for
reasonable costs of travel and expenses.
(e) Conflicts of interest
No director, officer, or employee of the Foundation shall
participate, directly or indirectly, in the consideration or
determination of any question before the Foundation that affects his or
her financial interests or the financial interests of any corporation,
partnership, entity, or organization in which he or she has a direct or
indirect financial interest.
(f) Political activity
The Foundation shall not engage in lobbying or propaganda for the
purpose of influencing legislation, and shall not participate or
intervene in any political campaign on behalf of any candidate for
public office.
(g) Private sector contributions
During the second and third fiscal years in which funds are provided
to the Foundation under this subchapter, the Foundation shall raise from
private sector donations an amount equal to not less than 25 percent of
any funds provided to the Foundation under this subchapter in such
fiscal year. Funds shall be released to the Foundation during such
fiscal year only to the extent that the matching requirement of the
subsection has been met.
(h) Audit of accounts
The accounts of the Foundation shall be audited annually by
independent certified public accountants or independent licensed public
accountants certified or licensed by a regulatory authority of a State
or other political subdivision of the United States in accordance with
generally accepted auditing standards. The reports, /1/ of each such
independent audit shall be included in the annual report required by
subsection (l) of this section.
(i) Audits by agencies
In fiscal years in which the Foundation is receiving grants under
this subchapter, the accounts of the Foundation may be audited at any
time by any agency designated by the President. The Foundation shall
keep such records as will facilitate effective audits.
(j) Congressional oversight
In fiscal years in which the Foundation is receiving grants under
this subchapter, the Foundation shall be subject to appropriate
oversight procedures of Congress.
(k) Duties
The Foundation shall ensure --
(1) that recipients of financial assistance provided by the
Foundation under this subchapter, shall keep separate accounts with
respect to such assistance and such records as may be reasonably
necessary to disclose fully --
(A) the amount and the disposition by such recipient of the
assistance received from the Foundation;
(B) the total cost of the project or undertaking in connection with
which such assistance is given or used;
(C) the amount and nature of that portion of the cost of the project
or undertaking supplied by other sources; and
(D) such other records as will facilitate effective audits; and
(2) that the Foundation, or any of its duly authorized
representatives including any agency designated by the President
pursuant to subsection (i) of this section shall have access, for the
purpose of audit and examination, to any books, documents, papers, and
records of the recipient that are pertinent to assistance provided from
funds granted pursuant to this subchapter.
(l) Annual reports
The Foundation shall prepare and submit to the President and to the
appropriate Committees of Congress an annual report, that shall include
a comprehensive and detailed description of the Foundation's operations,
activities, financial condition, and accomplishments for the fiscal year
preceding the year in which the report is submitted. Such report shall
be submitted not later than 3 months after the conclusion of any fiscal
year in which the Foundation receives grants under this subchapter.
(Pub. L. 101-610, title III, 305, Nov. 16, 1990, 104 Stat. 3181.)
/1/ So in original. The comma probably should not appear.
42 USC -- SUBCHAPTER III -- FOOD DONATIONS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12671. Sense of Congress concerning enactment of Good
Samaritan Food Donation Act
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
It is the sense of Congress that each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States should --
(1) encourage the donation of apparently wholesome food or grocery
products to nonprofit organizations for distribution to needy
individuals; and
(2) consider the model Good Samaritan Food Donation Act (provided in
section 12672 of this title) as a means of encouraging the donation of
food and grocery products.
(b) Distribution of copies
The Archivist of the United States shall distribute a copy of this
subchapter to the chief executive officer of each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States.
(Pub. L. 101-610, title IV, 401, Nov. 16, 1990, 104 Stat. 3183.)
The Good Samaritan Food Donation Act, referred to in section
catchline and subsec. (a)(2), is section 402 of Pub. L. 101-610, title
IV, Nov. 16, 1990, 104 Stat. 3183, which is classified to section
12672 of this title.
42 USC -- 12672. Model Good Samaritan Food Donation Act
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Short title
This section may be cited as the ''Good Samaritan Food Donation
Act''.
(b) Definitions
As used in this section:
(1) Apparently fit grocery product
The term ''apparently fit grocery product'' means a grocery product
that meets all quality and labeling standards imposed by Federal, State,
and local laws and regulations even though the product may not be
readily marketable due to appearance, age, freshness, grade, size,
surplus, or other conditions.
(2) Apparently wholesome food
The term ''apparently wholesome food'' means food that meets all
quality and labeling standards imposed by Federal, State, and local laws
and regulations even though the food may not be readily marketable due
to appearance, age, freshness, grade, size, surplus, or other
conditions.
(3) Donate
The term ''donate'' means to give without requiring anything of
monetary value from the recipient, except that the term shall include
giving by a nonprofit organization to another nonprofit organization,
notwithstanding that the donor organization has charged a nominal fee to
the donee organization, if the ultimate recipient or user is not
required to give anything of monetary value.
(4) Food
The term ''food'' means any raw, cooked, processed, or prepared
edible substance, ice, beverage, or ingredient used or intended for use
in whole or in part for human consumption.
(5) Gleaner
The term ''gleaner'' means a person who harvests for free
distribution to the needy, or for donation to a nonprofit organization
for ultimate distribution to the needy, an agricultural crop that has
been donated by the owner.
(6) Grocery product
The term ''grocery product'' means a nonfood grocery product,
including a disposable paper or plastic product, household cleaning
product, laundry detergent, cleaning product, or miscellaneous household
item.
(7) Gross negligence
The term ''gross negligence'' means voluntary and conscious conduct
by a person with knowledge (at the time of the conduct) that the conduct
is likely to be harmful to the health or well-being of another person.
(8) Intentional misconduct
The term ''intentional misconduct'' means conduct by a person with
knowledge (at the time of the conduct) that the conduct is harmful to
the health or well-being of another person.
(9) Nonprofit organization
The term ''nonprofit organization'' means an incorporated or
unincorporated entity that --
(A) is operating for religious, charitable, or educational purposes;
and
(B) does not provide net earnings to, or operate in any other manner
that inures to the benefit of, any officer, employee, or shareholder of
the entity.
(10) Person
The term ''person'' means an individual, corporation, partnership,
organization, association, or governmental entity, including a retail
grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer,
farmer, and nonprofit food distributor or hospital. In the case of a
corporation, partnership, organization, association, or governmental
entity, the term includes an officer, director, partner, deacon,
trustee, council member, or other elected or appointed individual
responsible for the governance of the entity.
(c) Liability for damages from donated food and grocery products
A person or gleaner shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or condition of
apparently wholesome food or an apparently fit grocery product that the
person or gleaner donates in good faith to a nonprofit organization for
ultimate distribution to needy individuals, except that this paragraph
shall not apply to an injury to or death of an ultimate user or
recipient of the food or grocery product that results from an act or
omission of the donor constituting gross negligence or intentional
misconduct.
(d) Collection or gleaning of donations
A person who allows the collection or gleaning of donations on
property owned or occupied by the person by gleaners, or paid or unpaid
representatives of a nonprofit organization, for ultimate distribution
to needy individuals shall not be subject to civil or criminal liability
that arises due to the injury or death of the gleaner or representative,
except that this paragraph shall not apply to an injury or death that
results from an act or omission of the person constituting gross
negligence or intentional misconduct.
(e) Partial compliance
If some or all of the donated food and grocery products do not meet
all quality and labeling standards imposed by Federal, State, and local
laws and regulations, the person or gleaner who donates the food and
grocery products shall not be subject to civil or criminal liability in
accordance with this section if the nonprofit organization that receives
the donated food or grocery products --
(1) is informed by the donor of the distressed or defective condition
of the donated food or grocery products;
(2) agrees to recondition the donated food or grocery products to
comply with all the quality and labeling standards prior to
distribution; and
(3) is knowledgeable of the standards to properly recondition the
donated food or grocery product.
(f) Construction
This section shall not be construed to create any liability.
(Pub. L. 101-610, title IV, 402, Nov. 16, 1990, 104 Stat. 3183.)
42 USC -- 12673. Effect of section 12672
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The model Good Samaritan Food Donation Act (provided in section 12672
of this title) is intended only to serve as a model law for enactment by
the States, the District of Columbia, the Commonwealth of Puerto Rico,
and the territories and possessions of the United States. The enactment
of section 12672 of this title shall have no force or effect in law.
(Pub. L. 101-610, title IV, 403, Nov. 16, 1990, 104 Stat. 3185.)
The Good Samaritan Food Donation Act, referred to in text, is section
402 of Pub. L. 101-610, title IV, Nov. 16, 1990, 104 Stat. 3183,
which is classified to section 12672 of this title.
42 USC -- SUBCHAPTER IV -- AUTHORIZATION OF APPROPRIATIONS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12681. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Subchapter I
(1) In general
There are authorized to be appropriated to carry out subchapter I of
this chapter, $56,000,000 for fiscal year 1991, $95,500,000 for fiscal
year 1992, and $105,000,000 for fiscal year 1993.
(2) Earmarks
Of the aggregate amount appropriated under paragraph (1) for
subchapter I of this chapter for each fiscal year --
(A) $2,000,000 shall be made available to carry out part G of
subchapter I of this chapter in each such fiscal year;
(B) not less than 30 percent shall be available to carry out part B
of subchapter I of this chapter in each such fiscal year;
(C) not less than 30 percent shall be available to carry out part C
of subchapter I of this chapter in each such fiscal year; and
(D) not less than 30 percent shall be available to carry out part D
of subchapter I of this chapter in each such fiscal year.
(b) Subchapter II
There are authorized to be appropriated to carry out subchapter II of
this chapter, $5,000,000 for fiscal year 1991, $7,500,000 for fiscal
year 1992, and $10,000,000 for fiscal year 1993.
(Pub. L. 101-610, title V, 501, Nov. 16, 1990, 104 Stat. 3185.)
Subchapter I of this chapter, referred to in subsec. (a), is title I
of Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3129, which enacted
subchapter I of this chapter and amended sections 1070a-6 and 1087vv of
Title 20, Education.
42 USC -- CHAPTER 130 -- NATIONAL AFFORDABLE HOUSING
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12701. National housing goal.
12702. Objective of national housing policy.
12703. Purposes of Cranston-Gonzalez National Affordable Housing
Act.
12704. Definitions.
12705. State and local housing strategies.
(a) In general.
(b) Contents.
(c) Approval.
(d) Coordination of State and local housing strategies.
(e) Consultation with social service agencies.
(f) Barrier removal.
12706. Certification.
12707. Citizen participation.
(a) In general.
(b) Notice and comment.
(c) Consideration of comments.
(d) Regulations.
12708. Compliance.
(a) Performance reports.
(b) Performance review by Secretary.
(c) Review by courts.
12709. Energy efficiency standards.
12710. Capacity study.
(a) In general.
(b) Report.
12711. Protection of State and local authority.
12712. 5-year energy efficiency plan.
(a) Establishment.
(b) Initial plan.
(c) Updates.
(d) Submission to Congress.
12713. Eligibility under first-time homebuyer programs.
(a) Eligibility of displaced homemakers and single parents for
Federal assistance for first-time homebuyers.
(b) Definitions.
(c) Applicability.
12714. Maximum annual limitation on rent increases resulting from
employment.
(a) In general.
(b) ''Housing assistance program'' defined.
12721. Findings.
12722. Purposes.
12723. Coordinated Federal support for housing strategies.
12724. Authorization.
12725. Notice.
12741. Authority.
12742. Eligible uses of investment.
(a) Housing uses.
(b) Investments.
(c) Prohibited uses.
(d) Cost limits.
(e) Certification of compliance.
12743. Development of model programs.
(a) In general.
(b) Adoption of programs.
(c) Part D programs.
12744. Income targeting.
12745. Qualification as affordable housing.
(a) Rental housing.
(b) Homeownership.
12746. Participation by States and local governments.
12747. Allocation of resources.
(a) In general.
(b) Formula allocation.
(c) Criteria for direct reallocation.
(d) Reallocations.
12748. HOME Investment Trust Funds.
(a) Establishment.
(b) Line of credit.
(c) Reductions.
(d) Certification.
(e) Investment within 15 days.
(f) No interest or fees.
(g) Expiration of right to draw funds.
(h) Administrative provision.
12749. Repayment of investment.
(a) In general.
(b) Assurance of repayment.
(c) Availability.
12750. Matching requirements.
(a) Contribution.
(b) Recognition.
(c) Form.
(d) Reduction of requirement.
12751. Private-public partnership.
12752. Distribution of assistance.
(a) Local.
(b) State.
12753. Penalties for misuse of funds.
12754. Limitation on jurisdictions under court order.
(a) In general.
(b) Remedial use of funds permitted.
12755. Tenant and participant protections.
(a) Lease.
(b) Termination of tenancy.
(c) Maintenance and replacement.
(d) Tenant selection.
12756. Monitoring of compliance.
(a) Enforceable agreements.
(b) Periodic monitoring.
(c) Special procedures for certain projects.
12771. Set-aside for community housing development organizations.
(a) In general.
(b) Recapture and reuse.
(c) Direct reallocation criteria.
12772. Project-specific assistance to community housing development
organizations.
(a) In general.
(b) Project-specific technical assistance and site control loans.
(c) Project-specific seed money loans.
12773. Housing education and organizational support.
(a) In general.
(b) Eligible activities.
(c) Delivery of assistance.
(d) Limitations.
(e) Single-State contractors.
12774. Other requirements.
(a) Tenant participation plan.
(b) Limitation on assistance.
(c) Adjustments of other assistance.
12781. Authority.
12782. Priorities for capacity development.
12783. Conditions of contracts.
(a) Eligible organizations.
(b) Contract terms.
12784. Research in housing affordability.
12785. REACH: asset recycling information dissemination.
(a) In general.
(b) Eligible properties.
12801. General authority.
12802. Rental housing production.
(a) Repayable advances.
(b) Selection guidelines.
(c) Guidelines.
12803. Rental rehabilitation.
(a) In general.
(b) Amount of subsidy.
(c) Additional restrictions.
12804. Rehabilitation loans.
(a) In general.
(b) Condition of loans.
(c) Additional restrictions.
12805. Sweat equity model program.
(a) In general.
(b) Rehabilitation of properties.
(c) Homeownership opportunities through sweat equity.
(d) Rental opportunities through sweat equity.
(e) ''Self-help housing'' defined.
(f) Additional restrictions.
12806. Home repair services grants for older and disabled
homeowners.
(a) In general.
(b) Eligible recipients.
(c) Permitted restrictions.
12807. Low-income housing conservation and efficiency grant
programs.
(a) In general.
(b) Activities.
12808. Second mortgage assistance for first-time homebuyers.
(a) In general.
(b) Homeownership counseling.
(c) Eligibility requirements.
(d) Payment terms.
(e) Security.
12809. Rehabilitation of State and local government in rem
properties.
(a) In general.
(b) Target.
12821. Report on credit enhancement.
(a) In general.
(b) Report.
12831. Equal opportunity.
(a) Solicitation of contracts.
(b) Report to Congress.
12832. Nondiscrimination.
12833. Annual audits and accountability.
(a) Independent audits.
(b) Audits by Comptroller General.
12834. Uniform recordkeeping and reports to Congress.
(a) Uniform requirements.
(b) Report to Congress.
12835. Citizen participation.
12836. Labor.
(a) In general.
(b) Waiver.
12837. Interstate agreements.
12838. Environmental review.
(a) In general.
(b) Procedure.
(c) Certification.
(d) Assistance to a State.
12839. Termination of existing housing programs.
(a) In general.
(b) Repeals.
(c) Disposition of repayments.
12851. National Homeownership Trust.
(a) Establishment.
(b) Board of Directors.
(c) Powers of Trust.
(d) Travel and per diem.
(e) Director and staff.
12852. Assistance for first-time homebuyers.
(a) In general.
(b) Eligibility requirements.
(c) Terms of assistance.
(d) Allocation formula.
12853. National Homeownership Trust Fund.
(a) Establishment.
(b) Assets.
(c) Use of amounts.
(d) Investment of excess amounts.
(e) Demonstration programs.
12854. Definitions.
12855. Regulations.
12856. Report.
12857. Authorization of appropriations.
12858. Transition.
(a) Authority of Secretary.
(b) Applicability of Trust provisions.
(c) Certification of Fund to Treasury.
12859. Termination.
12871. Program authority.
(a) In general.
(b) Authority to reserve housing assistance.
(c) Authorization of appropriations.
12872. Planning grants.
(a) Grants.
(b) Eligible activities.
(c) Application.
(d) Selection criteria.
12873. Implementation grants.
(a) Grants.
(b) Eligible activities.
(c) Matching funding.
(d) Application.
(d) Selection criteria.
(e) Approval.
12874. Homeownership program requirements.
(a) In general.
(b) Affordability.
(c) Plan.
(d) Acquisition and rehabilitation limitation.
(e) Financing.
(f) Housing quality standards.
(g) Protection of nonpurchasing families.
12875. Other program requirements.
(a) Preferences.
(b) Cost limitations.
(c) Use of proceeds from sales to eligible families.
(d) Restrictions on resale by homeowners.
(e) Third party rights.
(f) Dollar limitation on economic development activities.
(g) Timely homeownership.
(h) Records and audit of recipients of assistance.
(i) Certain entities not eligible.
12876. Definitions.
12877. Exemption.
12878. Limitation on selection criteria.
12879. Implementation.
12880. Annual report.
12891. Program authority.
(a) In general.
(b) Authorization of appropriations.
12892. Planning grants.
(a) Grants.
(b) Eligible activities.
(c) Application.
(d) Selection criteria.
12893. Implementation grants.
(a) Grants.
(b) Eligible activities.
(c) Matching funding.
(d) Application.
(e) Selection criteria.
(f) Approval.
12894. Homeownership program requirements.
(a) In general.
(b) Affordability.
(c) Eligible property.
(d) Plan.
(e) Housing quality standards.
12895. Other program requirements.
(a) Cost limitations.
(b) Use of proceeds from sales to eligible families.
(c) Restrictions on resale by homeowners.
(d) Third party rights.
(e) Protection of nonpurchasing families.
(h) Records and audit of recipients of assistance.
12896. Definitions.
12897. Limitation on selection criteria.
12898. Implementation.
42 USC -- SUBCHAPTER I -- GENERAL PROVISIONS AND POLICIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12701. National housing goal
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Congress affirms the national goal that every American family be
able to afford a decent home in a suitable environment.
(Pub. L. 101-625, title I, 101, Nov. 28, 1990, 104 Stat. 4085.)
Section 1(a) of Pub. L. 101-625 provided that: ''This Act (see
Tables for classification) may be cited as the 'Cranston-Gonzalez
National Affordable Housing Act'.''
Section 201 of title II of Pub. L. 101-625 provided that: ''This
title (enacting subchapter II of this chapter, amending section 1437f of
this title, and repealing sections 1437o and 1452b of this title,
section 1706e of Title 12, Banks and Banking, and provisions set out as
a note under section 1715l of Title 12) may be cited as the 'HOME
Investment Partnerships Act'.''
Section 301 of Pub. L. 101-625 provided that: ''This subtitle
(subtitle A ( 301-310) of title III of Pub. L. 101-625, enacting
subchapter III of this chapter) may be cited as the 'National
Homeownership Trust Act'.''
42 USC -- 12702. Objective of national housing policy
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The objective of national housing policy shall be to reaffirm the
long-established national commitment to decent, safe, and sanitary
housing for every American by strengthening a nationwide partnership of
public and private institutions able --
(1) to ensure that every resident of the United States has access to
decent shelter or assistance in avoiding homelessness;
(2) to increase the Nation's supply of decent housing that is
affordable to low-income and moderate-income families and accessible to
job opportunities;
(3) to improve housing opportunities for all residents of the United
States, particularly members of disadvantaged minorities, on a
nondiscriminatory basis;
(4) to help make neighborhoods safe and livable;
(5) to expand opportunities for homeownership;
(6) to provide every American community with a reliable, readily
available supply of mortgage finance at the lowest possible interest
rates; and
(7) to encourage tenant empowerment and reduce generational poverty
in federally assisted and public housing by improving the means by which
self-sufficiency may be achieved.
(Pub. L. 101-625, title I, 102, Nov. 28, 1990, 104 Stat. 4085.)
42 USC -- 12703. Purposes of Cranston-Gonzalez National Affordable
Housing Act
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purposes of this Act are --
(1) to help families not owning a home to save for a down payment for
the purchase of a home;
(2) to retain wherever feasible as housing affordable to low-income
families those dwelling units produced for such purpose with Federal
assistance;
(3) to extend and strengthen partnerships among all levels of
government and the private sector, including for-profit and nonprofit
organizations, in the production and operation of housing affordable to
low-income and moderate-income families;
(4) to expand and improve Federal rental assistance for very
low-income families; and
(5) to increase the supply of supportive housing, which combines
structural features and services needed to enable persons with special
needs to live with dignity and independence.
(Pub. L. 101-625, title I, 103, Nov. 28, 1990, 104 Stat. 4085.)
This Act, referred to in text, is Pub. L. 101-625, Nov. 28, 1990,
104 Stat. 4079, known as the Cranston-Gonzalez National Affordable
Housing Act. For complete classification of this Act to the Code, see
Short Title note set out under section 12701 of this title and Tables.
42 USC -- 12704. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subchapter and in subchapter II of this chapter:
(1) The term ''unit of general local government'' means a city, town,
township, county, parish, village, or other general purpose political
subdivision of a State; the insular areas, /1/ or a general purpose
political subdivision thereof; a consortium of such political
subdivisions recognized by the Secretary in accordance with section
12746(2) of this title; and any agency or instrumentality thereof that
is established pursuant to legislation and designated by the chief
executive to act on behalf of the jurisdiction with regard to provisions
of this Act.
(2) The term ''State'' means any State of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(3) The term ''jurisdiction'' means a State or unit of general local
government.
(4) The term ''participating jurisdiction'' means any State or unit
of general local government that has been so designated in accordance
with section 12746 of this title.
(5) The term ''nonprofit organization'' means any private, nonprofit
organization (including a State or locally chartered, nonprofit
organization) that --
(A) is organized under State or local laws,
(B) has no part of its net earnings inuring to the benefit of any
member, founder, contributor, or individual,
(C) complies with standards of financial accountability acceptable to
the Secretary, and
(D) has among its purposes significant activities related to the
provision of decent housing that is affordable to low-income and
moderate-income persons.
(6) The term ''community housing development organization'' means a
nonprofit organization as defined in paragraph (5), that --
(A) has among its purposes the provision of decent housing that is
affordable to low-income and moderate-income persons;
(B) maintains, through significant representation on the
organization's governing board and otherwise, accountability to
low-income community residents and, to the extent practicable,
low-income beneficiaries with regard to decisions on the design, siting,
development, and management of affordable housing;
(C) has a demonstrated capacity for carrying out activities assisted
under this Act; and
(D) has a history of serving the local community or communities
within which housing to be assisted under this Act is to be located.
(7) The term ''government-sponsored mortgage finance corporations''
means the Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.
(8) The term ''housing'' includes manufactured housing and
manufactured housing lots.
(9) The term ''very low-income families'' means low-income families
whose incomes do not exceed 50 percent of the median family income for
the area, as determined by the Secretary with adjustments for smaller
and larger families, except that the Secretary may establish income
ceilings higher or lower than 50 percent of the median for the area on
the basis of the Secretary's findings that such variations are necessary
because of prevailing levels of construction costs or fair market rents,
or unusually high or low family incomes.
(10) The term ''low-income families'' means families whose incomes do
not exceed 80 percent of the median income for the area, as determined
by the Secretary with adjustments for smaller and larger families,
except that the Secretary may establish income ceilings higher or lower
than 80 percent of the median for the area on the basis of the
Secretary's findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes.
(11) The term ''families'' has the same meaning given that term by
section 1437a of this title.
(12) The term ''security'' has the same meaning as in section 77b of
title 15.
(13) The term ''displaced homemaker'' means an individual who --
(A) is an adult;
(B) has not worked full-time full-year in the labor force for a
number of years but has, during such years, worked primarily without
remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in
obtaining or upgrading employment.
(14) The term ''first-time homebuyer'' means an individual and his or
her spouse who have not owned a home during the 3-year period prior to
purchase of a home with assistance under subchapter II of this chapter,
except that --
(A) any individual who is a displaced homemaker may not be excluded
from consideration as a first-time homebuyer under this paragraph on the
basis that the individual, while a homemaker, owned a home with his or
her spouse or resided in a home owned by the spouse; and
(B) any individual who is a single parent may not be excluded from
consideration as a first-time homebuyer under this paragraph on the
basis that the individual, while married, owned a home with his or her
spouse or resided in a home owned by the spouse.
(15) The term ''single parent'' means an individual who --
(A) is unmarried or legally separated from a spouse; and
(B)(i) has 1 or more minor children for whom the individual has
custody or joint custody; or
(ii) is pregnant.
(16) The term ''Secretary'' means the Secretary of Housing and Urban
Development, unless otherwise specified in this Act.
(17) The term ''substantial rehabilitation'' means the rehabilitation
of residential property at an average cost in excess of $25,000 per
dwelling unit.
(18) The term ''public housing agency'' has the meaning given the
term in section 1437a(b) of this title.
(19) The term ''metropolitan city'' has the meaning given the term in
section 5302(a)(4) of this title.
(20) The term ''urban county'' has the meaning given the term in
section 5302(a)(6) of this title.
(21) The term ''certification'' means a written assertion, based on
supporting evidence, which shall be kept available for inspection by the
Secretary, the Inspector General and the public, which assertion shall
be deemed to be accurate for purposes of this Act, unless the Secretary
determines otherwise after inspecting the evidence and providing due
notice and opportunity for comment.
(23) /2/ The term ''to demonstrate to the Secretary'' means to submit
to the Secretary a written assertion together with supporting evidence
that, in the determination of the Secretary, supports the accuracy of
the assertion.
(24) /3/ The term ''insular areas'' means Guam, the Northern Mariana
Islands, the United States Virgin Islands, and American Samoa.
(Pub. L. 101-625, title I, 104, Nov. 28, 1990, 104 Stat. 4085; Pub.
L. 102-229, title I, Dec. 12, 1991, 105 Stat. 1709; Pub. L. 101-230,
2, Dec. 12, 1991, 105 Stat. 1720.)
This Act, referred to in pars. (1), (6)(C), (D), (16), and (21), is
Pub. L. 101-625, Nov. 28, 1990, 104 Stat. 4079, known as the
Cranston-Gonzalez National Affordable Housing Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 12701 of this title and Tables.
1991 -- Par. (1). Pub. L. 102-229 and Pub. L. 102-230, 2(1), which
were enacted on the same day, both amended par. (1). Pub. L. 102-229
struck out ''Guam, the Northern Mariana Islands, the Virgin Islands,
American Samoa,''. Pub. L. 102-230 struck out ''Guam, the Northern
Mariana Islands, the Virgin Islands, American Samoa, the Federated
States of Micronesia and Palau, the Marshall Islands'' and inserted
''the insular areas''. The text reflects the amendment by Pub. L.
102-230.
Par. (24). Pub. L. 102-229 and Pub. L. 102-230, 2(2), which were
enacted on the same day, both added new pars. (24), defining ''insular
area'' and ''insular areas'', respectively. The text reflects the par.
(24) added by Pub. L. 102-230. The par. (24) added by Pub. L. 102-229
read as follows: ''The term 'insular area' means any of the following:
Guam, the Northern Mariana Islands, the Virgin Islands, and American
Samoa.''
4116.
/1/ See 1991 Amendment note below.
/2/ So in original. Probably should be ''(22)''.
/3/ See 1991 Amendment note below.
42 USC -- 12705. State and local housing strategies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall provide assistance directly to a jurisdiction
only if --
(1) the jurisdiction submits to the Secretary a comprehensive housing
affordability strategy (hereafter in this section referred to as the
''housing strategy'');
(2) the jurisdiction submits annual updates of the housing strategy;
and
(3) the housing strategy, and any annual update of such strategy, is
approved by the Secretary.
The Secretary shall establish such dates and manner for the
submission and approval of housing strategies under this section that
the Secretary determines will facilitate orderly program management by
jurisdictions and provide for timely investment or other use of funds
made available under subchapter II of this chapter and other programs
requiring submission of a housing strategy. If the Secretary finds
there is good cause, the Secretary may provide reasonable extensions of
any deadlines for submission of a jurisdiction's housing strategy.
(b) Contents
A housing strategy submitted under this section shall be in a form
that the Secretary determines to be appropriate for the assistance the
jurisdiction may be provided and shall --
(1) describe the jurisdiction's estimated housing needs projected for
the ensuing 5-year period, and the jurisdiction's need for assistance
for very low-income, low-income, and moderate-income families,
specifying such needs for different types of tenure and for different
categories of residents, such as very low-income, low-income, and
moderate-income families, the elderly, single persons, large families,
residents of nonmetropolitan areas, families who are participating in an
organized program to achieve economic independence and self-sufficiency,
persons with acquired immunodeficiency syndrome, and other categories of
persons residing in or expected to reside in the jurisdiction that the
Secretary determines to be appropriate;
(2) describe the nature and extent of homelessness within the
jurisdiction, providing an estimate of the special needs of various
categories of persons who are homeless or threatened with homelessness,
and a description of the jurisdiction's strategy for (A) helping
low-income families avoid becoming homeless; (B) addressing the
emergency shelter and transitional housing needs of homeless persons
(including a brief inventory of facilities and services that meet such
needs within that jurisdiction); and (C) helping homeless persons make
the transition to permanent housing and independent living;
(3) describe the significant characteristics of the jurisdiction's
housing market, indicating how those characteristics will influence the
use of funds made available for rental assistance, production of new
units, rehabilitation of old units, or acquisition of existing units;
(4) explain whether the cost of housing or the incentives to develop,
maintain, or improve affordable housing in the jurisdiction are affected
by public policies, particularly by policies of the jurisdiction,
including tax policies affecting land and other property, land use
controls, zoning ordinances, building codes, fees and charges, growth
limits, and policies that affect the return on residential investment,
and describe the jurisdiction's strategy to remove or ameliorate
negative effects, if any, of such policies;
(5) explain the institutional structure, including private industry,
nonprofit organizations, and public institutions, through which the
jurisdiction will carry out its housing strategy, assessing the
strengths and gaps in that delivery system and describing what the
jurisdiction will do to overcome those gaps;
(6) indicate resources from private and non-Federal public sources
that are reasonably expected to be made available to carry out the
purposes of this Act, explaining how funds made available will leverage
those additional resources and identifying, where the jurisdiction deems
it appropriate, publicly owned land or property located within the
jurisdiction that may be utilized to carry out the purposes of this Act;
(7) set forth the jurisdiction's plan for investment or other use of
housing funds made available under subchapter II of this chapter, the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), the Housing
and Community Development Act of 1974, and the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 et seq.), during the ensuing
year or such longer period as the Secretary determines to be
appropriate, indicating the general priorities for allocating investment
geographically within the jurisdiction and among different activities
and housing needs;
(8) describe the means of cooperation and coordination among the
State and any units of general local government in the development,
submission, and implementation of their housing strategies;
(9) in the case of a unit of local government, describe the number of
public housing units in the jurisdiction, the physical condition of such
units, the restoration and revitalization needs of public housing
projects within the jurisdiction, the public housing agency's strategy
for improving the management and operation of such public housing, and
the public housing agency's strategy for improving the living
environment of low- and very-low-income families residing in public
housing;
(10) in the case of a State, describe the strategy to coordinate the
Low-Income Tax Credit with development of housing, including public
housing, that is affordable to very low-income and low-income families;
(11) describe the jurisdiction's activities to encourage public
housing residents to become more involved in management and participate
in homeownership;
(12) describe the standards and procedures according to which the
jurisdiction will monitor activities authorized under this Act and
ensure long-term compliance with the provisions of this Act;
(13) include a certification that the jurisdiction will affirmatively
further fair housing;
(14) include a certification that the jurisdiction is in compliance
with a residential antidisplacement and relocation assistance plan under
section 104(d) of the Housing and Community Development Act of 1974 (42
U.S.C. 5304(d)) (to the extent that such a plan applies to the
jurisdiction); and
(15) include the number of families to whom the jurisdiction will
provide affordable housing as defined in section 12745 of this title
using funds made available.
The Secretary may provide for the submission of abbreviated housing
strategies by jurisdictions that are not otherwise expected to be
participating jurisdictions under subchapter II of this chapter. Such
an abbreviated housing strategy shall be appropriate to the types and
amounts of assistance the jurisdiction is to receive as determined by
the Secretary.
(c) Approval
(1) In general
The Secretary shall review the housing strategy upon receipt. Not
later than 60 days after receipt by the Secretary, the housing strategy
shall be approved unless the Secretary determines before that date that
(A) the housing strategy is inconsistent with the purposes of this Act,
or (B) the information described in subsection (b) of this section has
not been provided in a substantially complete manner. For the purpose
of the preceding sentence, the adoption or continuation of a public
policy identified pursuant to subsection (b)(4) of this section shall
not be a basis for the Secretary's disapproval of a housing strategy.
During the 18-month period following November 28, 1990, the Secretary
may extend the review period to not longer than 90 days.
(2) Actions in case of disapproval
If the Secretary disapproves the housing strategy, the Secretary
shall immediately notify the jurisdiction of such disapproval. Not
later than 15 days after the Secretary's disapproval, the Secretary
shall inform the jurisdiction in writing of (A) the reasons for
disapproval, and (B) actions that the jurisdiction could take to meet
the criteria for approval. If the Secretary fails to inform the
jurisdiction of the reasons for disapproval within such 15-day period,
the housing strategy shall be deemed to have been approved.
(3) Amendments and resubmission
The Secretary shall, for a period of not less than 45 days following
the date of first disapproval, permit amendments to, or the resubmission
of, any housing strategy that is disapproved. The Secretary shall
approve or disapprove a housing strategy not less than 30 days after
receipt of such amendments or resubmission.
(d) Coordination of State and local housing strategies
The Secretary may establish such requirements as the Secretary deems
appropriate to encourage coordination between and among the housing
strategies of a State and any participating jurisdictions within the
State, except that a unit of general local government shall not be
required to have elements of its housing strategy approved by the State.
(e) Consultation with social service agencies
When preparing a housing strategy for submission under this section,
a jurisdiction shall make reasonable efforts to confer with appropriate
social service agencies regarding the housing needs of children, elderly
persons, persons with disabilities, homeless persons, and other persons
served by such agencies.
(f) Barrier removal
Not later than 4 months after completion of the final report of the
Secretary's Advisory Commission on Regulatory Barriers to Affordable
Housing, the Secretary shall submit to the Congress a written report
outlining the Secretary's recommendations for legislative and
administrative actions to facilitate the removal or modification of
excessive, duplicative, or unnecessary regulations or other requirements
of Federal, State, or local governments that (1) inflate the costs of or
otherwise inhibit the construction, rehabilitation, or management of
housing, particularly housing that otherwise could be affordable to
low-income and moderate-income families, or (2) contribute to economic
or racial discrimination.
(Pub. L. 101-625, title I, 105, Nov. 28, 1990, 104 Stat. 4088.)
This Act, referred to in subsecs. (b)(6), (12) and (c)(1), is Pub.
L. 101-625, Nov. 28, 1990, 104 Stat. 4079, known as the
Cranston-Gonzalez National Affordable Housing Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 12701 of this title and Tables.
The United States Housing Act of 1937, referred to in subsec.
(b)(7), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.
L. 93-383, title II, 201(a), Aug. 22, 1974, 88 Stat. 653, which is
classified generally to chapter 8 ( 1437 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 1437 of this title and Tables.
The Housing and Community Development Act of 1974, referred to in
subsec. (b)(7), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 5301 of this title and Tables.
The Stewart B. McKinney Homeless Assistance Act, referred to in
subsec. (b)(7), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as
amended, which is classified principally to chapter 119 ( 11301 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 11301 of this title and Tables.
42 USC -- 12706. Certification
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall, by regulation or otherwise, as deemed by the
Secretary to be appropriate, require any application for housing
assistance under subchapter II of this chapter, assistance under the
Housing and Community Development Act of 1974, or assistance under the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.),
to contain or be accompanied by a certification by an appropriate State
or local public official that the proposed housing activities are
consistent with the housing strategy of the jurisdiction to be served.
(Pub. L. 101-625, title I, 106, Nov. 28, 1990, 104 Stat. 4091.)
The Housing and Community Development Act of 1974, referred to in
text, is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended.
For complete classification of this Act to the Code, see Short Title
note set out under section 5301 of this title and Tables.
The Stewart B. McKinney Homeless Assistance Act, referred to in
text, is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended,
which is classified principally to chapter 119 ( 11301 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 11301 of this title and Tables.
42 USC -- 12707. Citizen participation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Before submitting a housing strategy under this section, /1/ a
jurisdiction shall --
(1) make available to its citizens, public agencies, and other
interested parties information concerning the amount of assistance the
jurisdiction expects to receive and the range of investment or other
uses of such assistance that the jurisdiction may undertake;
(2) publish a proposed housing strategy in a manner that, in the
determination of the Secretary, affords affected citizens, public
agencies, and other interested parties a reasonable opportunity to
examine its content and to submit comments on the proposed housing
strategy;
(3) hold one or more public hearings to obtain the views of citizens,
public agencies, and other interested parties on the housing needs of
the jurisdiction; and
(4) provide citizens, public agencies, and other interested parties
with reasonable access to records regarding any uses of any assistance
the jurisdiction may have received during the preceding 5 years.
(b) Notice and comment
Before submitting any performance report or substantial amendment to
a housing strategy under this section, /1/ a participating jurisdiction
shall provide citizens with reasonable notice of, and opportunity to
comment on, such performance report or substantial amendment prior to
its submission.
(c) Consideration of comments
A participating jurisdiction shall consider any comments or views of
citizens in preparing a final housing strategy, amendment to a housing
strategy or performance report for submission. A summary of such
comments or views shall be attached when a housing strategy, amendment
to a housing strategy or performance report is submitted. The submitted
housing strategy, amendment, or report shall be made available to the
public.
(d) Regulations
The Secretary shall by regulation establish procedures appropriate
and practicable for providing a fair hearing and timely resolution of
citizen complaints related to housing strategies or performance reports.
(Pub. L. 101-625, title I, 107, Nov. 28, 1990, 104 Stat. 4091.)
/1/ So in original. The words ''this section'' probably should be
''section 12705 of this title''.
42 USC -- 12708. Compliance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Performance reports
(1) In general
Each participating jurisdiction shall annually review and report, in
a form acceptable to the Secretary, on the progress it has made in
carrying out its housing strategy, which report shall include an
evaluation of the jurisdiction's progress in meeting its goal
established in section 12705(b)(15) of this title, and information on
the number and types of households served, including the number of very
low-income, low-income, and moderate-income persons served and the
racial and ethnic status of persons served that will be assisted with
funds made available.
(2) Submission
The Secretary shall (A) establish dates for submission of reports
under this subsection, and (B) review such reports and make such
recommendations as the Secretary deems appropriate to carry out the
purposes of this Act.
(3) Failure to report
If a jurisdiction fails to submit a report satisfactory to the
Secretary in a timely manner, assistance to the jurisdiction under
subchapter II of this chapter or the other programs referred to in
section 12706 of this title may be --
(A) suspended until a report satisfactory to the Secretary is
submitted; or
(B) withdrawn and reallocated if the Secretary finds, after notice
and opportunity for a hearing, that the jurisdiction will not submit a
satisfactory report.
(b) Performance review by Secretary
(1) In general
The Secretary shall ensure that activities of each jurisdiction
required to submit a housing strategy under section 12705 of this title
are reviewed not less frequently than annually. Such review shall
include, insofar as practicable, on-site visits by employees of the
Department of Housing and Urban Development and shall include an
assessment of the jurisdiction's --
(A) management of funds made available under programs administered by
the Secretary;
(B) compliance with its housing strategy;
(C) accuracy in the preparation of performance reports under
subsection (a) of this section; and
(D) efforts to ensure that housing assisted under programs
administered by the Secretary are in compliance with contractual
agreements and the requirements of law.
(2) Report by Secretary
The Secretary shall report on the performance review in writing. The
Secretary shall give the jurisdiction not less than 30 days to review
and comment on the report. After taking into consideration the comments
of the jurisdiction, the Secretary may revise the report and shall make
the jurisdiction's comments and the report, with any revisions, readily
available to the public within 30 days after receipt of the
jurisdiction's comments.
(c) Review by courts
The adequacy of information submitted under section 12705(b)(4) of
this title shall not be reviewable by any Federal, State, or other
court. Review of a housing strategy by any Federal, State, or other
court shall be limited to determining whether the process of development
and the content of the strategy are in substantial compliance with the
requirements of this Act. During the pendency of any action challenging
the adequacy of a housing strategy or the action of the Secretary in
approving a strategy, the court shall not have the authority to enjoin
activities taken by the jurisdiction to implement an approved housing
strategy. Any housing assisted during the pendency of such action shall
not be subject to any order of the court resulting from such action.
(Pub. L. 101-625, title I, 108, Nov. 28, 1990, 104 Stat. 4092.)
This Act, referred to in subsecs. (a)(2) and (c), is Pub. L.
101-625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez
National Affordable Housing Act. For complete classification of this
Act to the Code, see Short Title note set out under section 12701 of
this title and Tables.
42 USC -- 12709. Energy efficiency standards
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary of Housing and Urban Development shall, not later than
one year after November 28, 1990, promulgate energy efficiency standards
for new construction of public and assisted housing and single-family
and multifamily residential housing (other than manufactured homes)
subject to mortgages under the National Housing Act (12 U.S.C. 1701 et
seq.). Such standards shall meet or exceed the provisions of the most
recent edition of the Model Energy Code of the Council of American
Building Officials and shall be cost-effective with respect to
construction and operating costs. In developing such standards the
Secretary shall consult with an advisory task force composed of
homebuilders, national, State, and local housing agencies (including
public housing agencies), energy agencies and building code
organizations and agencies, energy efficiency organizations, utility
organizations, low-income housing organizations, and other parties
designated by the Secretary.
(Pub. L. 101-625, title I, 109, Nov. 28, 1990, 104 Stat. 4093.)
The National Housing Act, referred to in text, is act June 27, 1934,
ch. 847, 48 Stat. 1246, as amended. which is classified principally
to chapter 13 ( 1701 et seq.) of Title 12, Banks and Banking. For
complete classification of this Act to the Code, see section 1701 of
Title 12 and Tables.
42 USC -- 12710. Capacity study
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall ensure that the Department of Housing and Urban
Development has adequate capacity and resources, including staff and
training programs, to carry out its mission and responsibilities, and to
implement the provisions of this Act, including the ability of the
Department to carry out the multifamily mortgage insurance program.
(b) Report
Not later than 60 days after November 28, 1990, and annually
thereafter, the Secretary shall prepare and submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Banking, Finance and Urban Affairs of the House of Representatives a
study detailing the Department's plan to maintain such capacity,
together with any recommendations for legislative and administrative
action as the Secretary determines to be appropriate.
(Pub. L. 101-625, title I, 110, Nov. 28, 1990, 104 Stat. 4093.)
This Act, referred to in subsec. (a), is Pub. L. 101-625, Nov. 28,
1990, 104 Stat. 4079, known as the Cranston-Gonzalez National
Affordable Housing Act. For complete classification of this Act to the
Code, see Short Title note set out under section 12701 of this title and
Tables.
42 USC -- 12711. Protection of State and local authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Notwithstanding any other provision of this subchapter or subchapter
II of this chapter, the Secretary shall not establish any criteria for
allocating or denying funds made available under programs administered
by the Secretary based on the adoption, continuation, or discontinuation
by a jurisdiction of any public policy, regulation, or law that is (1)
adopted, continued, or discontinued in accordance with the
jurisdiction's duly established authority, and (2) not in violation of
any Federal law.
(Pub. L. 101-625, title I, 111, Nov. 28, 1990, 104 Stat. 4093.)
42 USC -- 12712. 5-year energy efficiency plan
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary of Housing and Urban Development shall establish a plan
for activities to be undertaken and policies to be adopted by the
Secretary within the 5-year period beginning upon the submission of the
plan to the Congress under subsection (d) of this section to provide
for, encourage, and improve energy efficiency in newly constructed,
rehabilitated, and existing housing. In developing the plan, the
Secretary shall consider, as appropriate, any energy assessments under
section 944.
(b) Initial plan
The Secretary of Housing and Urban Development shall establish the
first plan under this section not later than the expiration of the
1-year period beginning on November 28, 1990.
(c) Updates
The Secretary of Housing and Urban Development shall revise and
update the plan under this section not less than once for each 2-year
period, the first such 2-year period beginning on the date of the
submission of the initial plan under subsection (b) of this section to
the Congress (as provided in subsection (d) of this section). Each such
update shall revise the plan for the 5-year period beginning upon the
submission of the updated plan to the Congress.
(d) Submission to Congress
The Secretary of Housing and Urban Development shall submit the
initial plan established under subsection (b) of this section and any
updated plans under subsection (c) of this section to the Congress not
later than the date by which such plans are to be established or updated
under such paragraphs.
(Pub. L. 101-625, title IX, 945, Nov. 28, 1990, 104 Stat. 4416.)
Section 944, referred to in subsec. (a), is section 944 of Pub. L.
101-625, which is set out below.
Section was enacted as part of title IX of the Cranston-Gonzalez
National Affordable Housing Act, and not as part of title I of such Act
which comprises this subchapter.
Section 944 of Pub. L. 101-625 provided that:
''(a) In General. -- The Secretary of Housing and Urban Development
shall submit a report to the Congress, not later than one year after the
date of the enactment of this Act (Nov. 28, 1990), assessing any
activity undertaken by the Secretary to increase energy efficiency in
housing. The report shall include an analysis of the August 15, 1990
DOE-HUD program to expand energy efficiency and increase affordability
of federally-assisted housing.
''(b) Establishment of Energy Efficiency Standard. -- In the report
submitted under this section, the Secretary of Housing and Urban
Development (in consultation with the Secretary of Energy) shall
establish, and include a description of, a standard measure by which
changes over time in residential energy efficiency may be compared.''
Section 946 of Pub. L. 101-625 provided that:
''(a) Uniform Plan. -- The Secretary of Housing and Urban
Development, in consultation with the Secretary of Energy, shall
promulgate a uniform plan to make housing more affordable through
mortgage financing incentives for energy efficiency. The plan shall be
promulgated not later than 2 years after the date of the enactment of
the Cranston-Gonzalez National Affordable Housing Act (Nov. 28, 1990).
''(b) Task Force. -- To develop the plan, the Secretary shall form a
task force to make recommendation(s) on financing energy efficiency in
private mortgages, through the policies of Federal agencies and
federally chartered financial institutions, mortgage bankers,
homebuilders, real estate brokers, private mortgage insurers, energy
suppliers, and nonprofit housing and energy organizations. The task
force shall include individuals representing the Federal Housing
Administration mortgage programs of the Department of Housing and Urban
Development, the Farmers Home Administration mortgage loan and insurance
programs of Department of Agriculture, the Federal Home Loan Mortgage
Corporation, and the Federal National Mortgage Association.''
Section 961 of Pub. L. 101-625 provided that:
''(a) Authority. -- The Secretary of Housing and Urban Development
shall establish a program to demonstrate various methods of improving
the energy efficiency of existing housing. For the purpose of this
section, the Secretary may, after funds are made available for the
purposes of section 304(e) (42 U.S.C. 12853(e)), use $2,000,000 of the
amounts set aside under section 304(e).
''(b) Existing Housing. -- The demonstration under this section shall
determine appropriate design, improvement, and rehabilitation methods
and practices for increasing residential energy efficiency in housing
already constructed.
''(c) Report. -- As soon as practicable after September 30, 1991, the
Secretary of Housing and Urban Development shall submit to the Congress
a report setting forth the findings and recommendations of the Secretary
as a result of the demonstration under this section.''
42 USC -- 12713. Eligibility under first-time homebuyer programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Eligibility of displaced homemakers and single parents for
Federal assistance for first-time homebuyers
(1) Displaced homemakers
No individual who is a displaced homemaker may be denied eligibility
under any Federal program to assist first-time homebuyers on the basis
that the individual, while a homemaker, owned a home with his or her
spouse or resided in a home owned by the spouse.
(2) Single parents
No individual who is a single parent may be denied eligibility under
any Federal program to assist first-time homebuyers on the basis that
the individual, while married, owned a home with his or her spouse or
resided in a home owned by the spouse.
(b) Definitions
For purposes of this section:
(1) Displaced homemaker
The term ''displaced homemaker'' means an individual who --
(A) is an adult;
(B) has not worked full-time, full-year in the labor force for a
number of years but has, during such years, worked primarily without
remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in
obtaining or upgrading employment.
(2) First-time homebuyer
The term ''first-time homebuyer'' means an individual who has never,
or has not during a specified period of time, had any present ownership
interest in a principal residence.
(3) Single parent
The term ''single parent'' means an individual who --
(A) is unmarried or legally separated from a spouse; and
(B)(i) has 1 or more minor children for whom the individual has
custody or joint custody; or
(ii) is pregnant.
(c) Applicability
This section shall apply to any Federal program to assist first-time
homebuyers, unless the program is exempted from this section by a
statute that amends this subsection or explicitly refers to this
subsection.
(Pub. L. 101-625, title IX, 956, Nov. 28, 1990, 104 Stat. 4421.)
Section was enacted as part of title IX of the Cranston-Gonzalez
National Affordable Housing Act, and not as part of title I of such Act
which comprises this subchapter.
42 USC -- 12714. Maximum annual limitation on rent increases resulting
from employment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Notwithstanding any other law and subject to approval in
appropriations Acts, the rent charged for any dwelling unit assisted
under any housing assistance program administered by the Secretary of
Housing and Urban Development, to a family whose monthly adjusted income
increases as a result of the employment of a member of the family who
was previously unemployed, may not be increased as a result of the
increased monthly adjusted income due to such employment by more than 10
percent in each 12-month period during the 36-month period beginning
upon such employment.
(b) ''Housing assistance program'' defined
For purposes of this section, the term ''housing assistance program''
means any program of assistance for housing --
(1) for which assistance is provided by the Secretary of Housing and
Urban Development in the form of a grant, contract, loan, loan
guarantee, cooperative agreement, interest subsidy, insurance, or direct
appropriation; and
(2) under which rent payments, with respect to all or some of the
units in the housing assisted, are limited, restricted, or determined
under law or regulation based on the income of the occupying families.
(Pub. L. 101-625, title IX, 957, Nov. 28, 1990, 104 Stat. 4422.)
Section was enacted as part of title IX of the Cranston-Gonzalez
National Affordable Housing Act, and not as part of title I of such Act
which comprises this subchapter.
42 USC -- SUBCHAPTER II -- INVESTMENT IN AFFORDABLE HOUSING
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
title 12 sections 1441a, 1831q,
1834a.
42 USC -- 12721. Findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Congress finds that --
(1) the Nation has not made adequate progress toward the goal of
national housing policy, as set out in the Housing Act of 1949 (42
U.S.C. 1441 et seq.) and reaffirmed in the Housing and Urban Development
Act of 1968, which would provide decent, safe, sanitary, and affordable
living environments for all Americans;
(2) the supply of affordable rental housing is diminishing;
(3) the Tax Reform Act of 1986 removed major tax incentives for the
production of affordable rental housing;
(4) the living environments of an increasing number of Americans have
deteriorated over the past several years as a result of reductions in
Federal assistance to low-income and moderate-income families;
(5) many Americans face the possibility of homelessness unless
Federal, State, and local governments work together with the private
sector to develop and rehabilitate the housing stock of the Nation to
provide decent, safe, sanitary, and affordable housing for very
low-income and low-income families;
(6) reliable Federal leadership is needed to achieve an adequate
supply of affordable housing for all Americans;
(7) to achieve the goal of national housing policy, there is a need
to strengthen nationwide a cost-effective community-based housing
partnership designed to --
(A) expand the supply of rental housing that is affordable to very
low-income and low-income families,
(B) improve homeownership opportunities for low-income families,
(C) carry out comprehensive housing strategies tailored to local
housing market conditions, and
(D) protect the Federal, State, and local investment in low-income
housing to ensure affordability of the housing for the remaining useful
life of the property;
(8) direct assistance to expand the supply of affordable rental
housing should be provided in a way that is more cost-effective and
targeted than tax incentives;
(9) much of the Nation's housing system works very well and provides
a strong base on which national housing policy should build;
(10) an increasing number of States and local governments have been
successful in producing cost-effective low-income and moderate-income
housing by working in partnership with the private sector, including
nonprofit community development corporations, community action agencies,
neighborhood housing services corporations, trade unions, groups
sponsored by religious organizations, limited equity cooperatives, and
other tenant organizations;
(11) during the 1980's, nonprofit community housing development
organizations, despite severe obstacles caused by inadequate funding,
have played an increasingly important role in the production and
rehabilitation of affordable housing in communities across the Nation;
(12) additional financial resources and technical skills must be made
available in local communities if the Nation is to mobilize the capacity
of the private sector, including nonprofit community housing development
organizations, to provide a more adequate supply of decent, safe, and
sanitary housing that is affordable to very low-income, low-income, and
moderate-income families and meets the need for large family units and
other additional units that are available to very low-income families
receiving rental assistance payments from Federal, State, and local
governments; and
(13) the long-term success of efforts to provide more affordable
housing depends upon tenants and homeowners being fiscally responsible
and able managers.
(Pub. L. 101-625, title II, 202, Nov. 28, 1990, 104 Stat. 4094.)
The Housing Act of 1949, referred to in par. (1), is act July 15,
1949, ch. 338, 63 Stat. 413, as amended, which is classified
principally to chapter 8A ( 1441 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1441 of this title and Tables.
The Housing and Urban Development Act of 1968, referred to in par.
(1), is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as amended. For
complete classification of this Act to the Code, see Short Title of 1968
Amendments note set out under section 1701 of Title 12, Banks and
Banking, and Tables.
The Tax Reform Act of 1986, referred to in par. (3), is Pub. L.
99-514, Oct. 22, 1986, 100 Stat. 2085, as amended. For complete
classification of this Act to the Code, see Short Title of 1986
Amendments note set out under section 1 of Title 26, Internal Revenue
Code, and Tables.
For short title of this subchapter as the ''HOME Investment
Partnerships Act'', see Short Title note set out under section 12701 of
this title.
42 USC -- 12722. Purposes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purposes of this subchapter are --
(1) to expand the supply of decent, safe, sanitary, and affordable
housing, with primary attention to rental housing, for very low-income
and low-income Americans;
(2) to mobilize and strengthen the abilities of States and units of
general local government throughout the United States to design and
implement strategies for achieving an adequate supply of decent, safe,
sanitary, and affordable housing;
(3) to provide participating jurisdictions, on a coordinated basis,
with the various forms of Federal housing assistance, including capital
investment, mortgage insurance, rental assistance, and other Federal
assistance, needed --
(A) to expand the supply of decent, safe, sanitary, and affordable
housing;
(B) to make new construction, rehabilitation, substantial
rehabilitation, and acquisition of such housing feasible; and
(C) to promote the development of partnerships among the Federal
Government, States and units of general local government, private
industry, and nonprofit organizations able to utilize effectively all
available resources to provide more of such housing;
(4) to make housing more affordable for very low-income and
low-income families through the use of tenant-based rental assistance;
(5) to develop and refine, on an ongoing basis, a selection of model
programs incorporating the most effective methods for providing decent,
safe, sanitary, and affordable housing, and accelerate the application
of such methods where appropriate throughout the United States to
achieve the prudent and efficient use of funds made available under this
subchapter;
(6) to expand the capacity of nonprofit community housing development
organizations to develop and manage decent, safe, sanitary, and
affordable housing;
(7) to ensure that Federal investment produces housing stock that is
available and affordable to low-income families for the property's
remaining useful life, is appropriate to the neighborhood surroundings,
and, wherever appropriate, is mixed income housing;
(8) to increase the investment of private capital and the use of
private sector resources in the provision of decent, safe, sanitary, and
affordable housing;
(9) to allocate Federal funds for investment in affordable housing
among participating jurisdictions by formula allocation;
(10) to leverage those funds insofar as practicable with State and
local matching contributions and private investment;
(11) to establish for each participating jurisdiction a HOME
Investment Trust Fund with a line of credit for investment in affordable
housing, with repayments back to its HOME Investment Trust Fund being
made available for reinvestment by the jurisdiction;
(12) to provide credit enhancement for affordable housing by
utilizing the capacities of existing agencies and mortgage finance
institutions when most efficient and supplementing their activities when
appropriate; and
(13) to assist very low-income and low-income families to obtain the
skills and knowledge necessary to become responsible homeowners and
tenants.
(Pub. L. 101-625, title II, 203, Nov. 28, 1990, 104 Stat. 4095.)
42 USC -- 12723. Coordinated Federal support for housing strategies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall make assistance under this subchapter available
to participating jurisdictions, through the Office of the Assistant
Secretary for Housing-FHA Commissioner of the Department of Housing and
Urban Development, to the maximum extent practicable, in coordination
with mortgage insurance, rental assistance, and other housing assistance
appropriate to the efficient and timely completion of activities under
this subchapter.
(Pub. L. 101-625, title II, 204, Nov. 28, 1990, 104 Stat. 4096.)
42 USC -- 12724. Authorization
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this subchapter
$1,000,000,000 for fiscal year 1991, and $2,086,000,000 for fiscal year
1992, of which --
(1) not more than $14,000,000 for fiscal year 1991, and $14,000,000
for fiscal year 1992, shall be for community housing partnership
activities authorized under section 12773 of this title; and
(2) not more than $11,000,000 for fiscal year 1991, and $11,000,000
for fiscal year 1992, shall be for activities in support of State and
local housing strategies authorized under part C of this subchapter.
(Pub. L. 101-625, title II, 205, Nov. 28, 1990, 104 Stat. 4096.)
42 USC -- 12725. Notice
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall issue regulations to implement the provisions of
this subchapter after notice and an opportunity for comment pursuant to
section 553 of title 5. Such regulations shall become effective not
later than 180 days after November 28, 1990.
(Pub. L. 101-625, title II, 206, Nov. 28, 1990, 104 Stat. 4096.)
42 USC -- Part A -- HOME Investment Partnerships
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12741. Authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to make funds available to participating
jurisdictions for investment to increase the number of families served
with decent, safe, sanitary, and affordable housing and expand the
long-term supply of affordable housing in accordance with provisions of
this part.
(Pub. L. 101-625, title II, 211, Nov. 28, 1990, 104 Stat. 4096.)
42 USC -- 12742. Eligible uses of investment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Housing uses
(1) In general
Funds made available under this part may be used by participating
jurisdictions to provide incentives to develop and support affordable
rental housing and homeownership affordability through the acquisition,
new construction, reconstruction, or moderate or substantial
rehabilitation of affordable housing, including real property
acquisition, site improvement, conversion, demolition, and other
expenses, including financing costs, relocation expenses of any
displaced persons, families, businesses, or organizations, and to
provide tenant-based rental assistance.
(2) Preference to rehabilitation
A participating jurisdiction shall give preference to rehabilitation
of substandard housing unless the jurisdiction determines that --
(A) such rehabilitation is not the most cost effective way to meet
the jurisdiction's need to expand the supply of affordable housing; and
(B) the jurisdiction's housing needs cannot be met through
rehabilitation of the available stock.
The Secretary shall not restrict a participating jurisdiction's
choice of rehabilitation, substantial rehabilitation, new construction,
reconstruction, acquisition, or other eligible housing use unless such
restriction is explicitly authorized under paragraph (3) of this
subsection or under section 12753(2) of this title.
(3) Conditions for new construction
(A) In general
Funds made available under this part may be used (at the discretion
of a participating jurisdiction) for new construction of housing only if
the housing is to serve a local market area that, in the determination
of the Secretary has --
(i) an inadequate supply of housing at rentals below the fair market
rent established for the area under section 1437f of this title, and
(ii) a severe shortage of substandard residential structures in the
jurisdiction that are suitable for rehabilitation as affordable rental
housing.
(B) Establishment of criteria
The Secretary shall publish --
(i) objective criteria for determining whether a jurisdiction's
housing supply is sufficiently inadequate to permit new construction
pursuant to subparagraph (A), and
(ii) a list of jurisdictions that in the determination of the
Secretary meet those criteria.
The Secretary shall give reasonable opportunity for jurisdictions not
designated on the published list to demonstrate, on the basis of
additional information, that they meet the criteria. Such criteria
shall permit new construction by not fewer than 30 percent of the
jurisdictions receiving an allocation under section 12746(1) of this
title. Such criteria shall include objective data on housing market
conditions such as low vacancy rates, low turnover of units with rents
below fair market rents, and a high proportion of substandard housing.
(C) Neighborhood revitalization
Notwithstanding subparagraph (A), a participating jurisdiction may
use funds made available under this part for construction of affordable
housing if the participating jurisdiction certifies that --
(i) the program of construction is needed to facilitate a
neighborhood revitalization program that emphasizes rehabilitation of
substandard housing for rental or homeownership opportunities by
low-income and moderate-income families in an area designated by the
jurisdiction;
(ii) the housing is located in a low- or moderate-income
neighborhood, as defined in section 1430(j)(13) of title 12;
(iii) the number of units to be constructed with assistance under
this part does not exceed 20 percent of the total number of units in the
neighborhood revitalization program that are assisted with funds under
this part; and
(iv) the housing is to be produced by a community housing development
organization, as defined in section 12704(6) of this title, or a public
agency.
(D) Applicability
Clause (iii) of subparagraph (C) shall not apply if the jurisdiction
certifies that --
(i) the housing is to be located in a severely distressed area with
large tracts of vacant land and abandoned buildings,
(ii) the housing is to be located in an area with an inadequate
supply of existing housing that can economically be rehabilitated to
meet identified housing needs, or
(iii) the new construction is required to accomplish the neighborhood
revitalization program.
(E) Special needs housing
Notwithstanding subparagraph (A), a participating jurisdiction may
use funds made available under this part for construction of --
(i) affordable housing for large families;
(ii) affordable housing for persons with disabilities;
(iii) single room occupancy housing; and
(iv) other categories of affordable housing for persons with special
needs that the Secretary may designate;
if the participating jurisdiction certifies on the basis of objective
data in its annual housing strategy that a high priority need for such
housing exists in the jurisdiction, and that there is not a supply of
vacant, habitable, public housing units in excess of normal vacancies
resulting from turnovers that could meet the specified need.
(4) Tenant-based rental assistance
(A) In general
A participating jurisdiction may use funds provided under this part
for tenant-based rental assistance only if --
(i) the jurisdiction certifies that the use of funds under this part
for tenant-based rental assistance is an essential element of the
jurisdiction's annual housing strategy for expanding the supply,
affordability, and availability of decent, safe, sanitary, and
affordable housing, and specifies the local market conditions that lead
to the choice of this option; and
(ii) the tenant-based rental assistance is provided to persons from
the waiting lists eligible for section 8 (42 U.S.C. 1437f) assistance in
accordance with the applicable preferences.
(B) Fair share not affected
A jurisdiction's section 8 (42 U.S.C. 1437f) fair share allocation
shall be unaffected by the use of assistance under this subchapter.
(C) 24-month contracts
Rental assistance contracts made available with assistance under this
subchapter shall be for not more than 24 months, except that assistance
to a family may be renewed.
(D) Use of section 1437f assistance
In any case where assistance under section 1437f of this title
becomes available to a participating jurisdiction, recipients of rental
assistance under this subchapter shall qualify for tenant selection
preferences to the same extent as when they received the rental
assistance under this subchapter. A rental assistance program under
this subchapter shall meet minimum criteria prescribed by the Secretary,
such as housing quality standards and standards regarding the
reasonableness of the rent.
(b) Investments
Participating jurisdictions shall have discretion to invest funds
made available under this part as equity investments, interest-bearing
loans or advances, noninterest-bearing loans or advances, interest
subsidies or other forms of assistance that the Secretary has determined
to be consistent with the purposes of this subchapter. Each
participating jurisdiction shall have the right to establish the terms
of assistance.
(c) Prohibited uses
Funds made available under this part may not be used to --
(1) defray any administrative cost of a participating jurisdiction,
(2) provide tenant-based rental assistance for the special purposes
of the existing section 8 (42 U.S.C. 1437f) program, including replacing
public housing that is demolished or disposed of, preserving federally
assisted housing, assisting in the disposition of housing owned or held
by the Secretary, preventing displacement from rental rehabilitation
projects, or extending or renewing tenant-based assistance under section
1437f of this title,
(3) provide non-Federal matching contributions required under any
other Federal program,
(4) provide assistance authorized under section 1437g of this title,
(5) carry out activities authorized under section 1437l /1/ of this
title, or
(6) provide assistance to eligible low-income housing under the
Emergency Low Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C.
4101 et seq.).
(d) Cost limits
(1) In general
The Secretary shall establish limits on the amount of funds under
this part that may be invested on a per unit basis. The limits shall be
established on a market-by-market basis, with adjustments made for
number of bedrooms, and shall reflect the actual cost of new
construction, reconstruction, or rehabilitation of housing that meets
applicable State and local housing and building codes and the cost of
land, including necessary site improvements. Adjustments shall be made
annually to reflect inflation. Separate limits may be set for different
eligible activities.
(2) Criteria
In calculating per unit limits, the Secretary shall take into account
that assistance under this subchapter is intended to --
(A) provide nonluxury housing with suitable amenities;
(B) operate effectively in all jurisdictions;
(C) facilitate mixed-income housing; and
(D) reflect the costs associated with meeting the special needs of
tenants or homeowners that the housing is designed to serve.
(3) Consultation
In calculating cost limits, the Secretary shall consult with
organizations that have expertise in the development of affordable
housing, including national nonprofit organizations and national
organizations representing private development firms and State and local
governments.
(e) Certification of compliance
The requirements of section 3545(d) of this title shall be satisfied
by a certification by a participating jurisdiction to the Secretary that
the combination of Federal assistance provided to any housing project
shall not be any more than is necessary to provide affordable housing.
(Pub. L. 101-625, title II, 212, Nov. 28, 1990, 104 Stat. 4097.)
Section 1437l of this title, referred to in subsec. (c)(5), was in
the original ''section 14 of the Housing Act of 1937'', and was
translated as reading ''section 14 of the United States Housing Act of
1937'', act Sept. 1, 1937, ch. 896, to reflect the probable intent of
Congress.
The Emergency Low Income Housing Preservation Act of 1987, referred
to in subsec. (c)(6), is title II of Pub. L. 100-242, Feb. 5, 1988,
102 Stat. 1877, as amended, which was classified principally as a note
under section 1715l of Title 12, Banks and Banking. Title II of Pub.
L. 100-242, was amended generally by Pub. L. 101-625, title VI,
601(a), Nov. 28, 1990, 104 Stat. 4249, and is now known as the
Low-Income Housing Preservation and Resident Homeownership Act of 1990,
which is classified principally to chapter 42 ( 4101 et seq.) of Title
12. For complete classification of this Act to the Code, see Short
Title note set out under section 4101 of Title 12 and Tables.
/1/ See References in Text note below.
42 USC -- 12743. Development of model programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall --
(1) in cooperation with participating jurisdictions,
government-sponsored mortgage finance corporations, nonprofit
organizations, the private sector, and other appropriate parties,
develop, test, evaluate, refine, and, as necessary, replace a selection
of model programs designed to carry out the purposes of this subchapter;
(2) make available to participating jurisdictions alternative model
programs, which shall include suggested guidelines, procedures, forms,
legal documents and such other elements as the Secretary determines to
be appropriate;
(3) assure, insofar as is feasible, the availability of an
appropriate variety of model programs designed for local market
conditions, housing problems, project characteristics, and managerial
capacities as they differ among participating jurisdictions;
(4) negotiate and enter into agreements with agencies of the Federal
Government, participating jurisdictions, private financial institutions,
government-sponsored mortgage finance corporations, nonprofit
organizations, and other entities to provide such services, products, or
financing as may be required for the implementation of a model program;
(5) provide detailed information on model programs as requested by
participating jurisdictions, private financial institutions, developers,
nonprofit organizations, and other interested parties; and
(6) encourage the use of such model programs to achieve efficiency,
economies of scale, and effectiveness in the investment of funds made
available under this part through third-party training, printed
materials, and such other means of support as the Secretary determines
will achieve the purpose of this subchapter.
(b) Adoption of programs
Except as provided in section 12753(2) of this title, each
participating jurisdiction shall have the discretion to adopt one or
more model programs, adapt one or more model programs to its own
requirements, design additional forms of assistance by itself or in
cooperation with other participating jurisdictions, and suggest
additional model programs for adoption by the Secretary as the
participating jurisdiction may deem appropriate, and the Secretary may
assist a participating jurisdiction in adopting, adapting, or designing
one or more model programs.
(c) Part D programs
The selection of model programs to be made available for adoption or
adaptation shall include programs meeting the criteria set forth in part
D of this subchapter.
(Pub. L. 101-625, title II, 213, Nov. 28, 1990, 104 Stat. 4100.)
42 USC -- 12744. Income targeting
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each participating jurisdiction shall invest funds made available
under this part within each fiscal year so that --
(1) with respect to rental assistance and rental units --
(A) not less than 90 percent of such funds are invested with respect
to dwelling units that are occupied by families whose incomes do not
exceed 60 percent of the median family income for the area, as
determined by the Secretary with adjustments for smaller and larger
families, (except that the Secretary may establish income ceilings
higher or lower than 60 percent of the median for the area on the basis
of the Secretary's findings that such variations are necessary because
of prevailing levels of construction cost or fair market rent, or
unusually high or low family income) at the time of occupancy or at the
time funds are invested, whichever is later, and
(B) the remainder of such funds are invested with respect to dwelling
units that are occupied by households that qualify as low-income
families (other than families described in subparagraph (A)) at the time
of occupancy or at the time funds are invested, whichever is later;
(2) with respect to homeownership assistance, 100 percent of such
funds are invested with respect to dwelling units that are occupied by
households that qualify as low-income families at the time of occupancy
or at the time funds are invested, whichever is later; and
(3) all such funds are invested with respect to housing that
qualifies as affordable housing under section 12745 of this title.
(Pub. L. 101-625, title II, 214, Nov. 28, 1990, 104 Stat. 4101.)
42 USC -- 12745. Qualification as affordable housing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Rental housing
(1) Qualification
Housing that is for rental shall qualify as affordable housing under
this subchapter only if the housing --
(A) bears rents not greater than the lesser of (i) the existing fair
market rent for comparable units in the area as established by the
Secretary under section 1437f of this title, or (ii) a rent that does
not exceed 30 percent of the adjusted income of a family whose income
equals 65 percent of the median income for the area, as determined by
the Secretary, with adjustment for smaller and larger families, except
that the Secretary may establish income ceilings higher or lower than 65
percent of the median for the area on the basis of the Secretary's
findings that such variations are necessary because of prevailing levels
of construction costs or fair market rents, or unusually high or low
family incomes;
(B) has not less than 20 percent of the units (i) occupied by very
low-income families who pay as a contribution toward rent (excluding any
Federal or State rental subsidy provided on behalf of the family) not
more than 30 percent of the family's monthly adjusted income as
determined by the Secretary, or (ii) occupied by very low-income
families and bearing rents not greater than the gross rent for
rent-restricted residential units as determined under section 42(g)(2)
of title 26;
(C) is occupied only by households that qualify as low-income
families;
(D) is not refused for leasing to a holder of a voucher or
certificate of eligibility under section 1437f of this title because of
the status of the prospective tenant as a holder of such voucher or
certificate of eligibility;
(E) will remain affordable, according to binding commitments
satisfactory to the Secretary, for the remaining useful life of the
property, as determined by the Secretary, without regard to the term of
the mortgage or to transfer of ownership, or for such other period that
the Secretary determines is the longest feasible period of time
consistent with sound economics and the purposes of this Act; and
(F) if newly constructed, meets the energy efficiency standards
promulgated by the Secretary in accordance with section 12709 of this
title.
(2) Adjustment of qualifying rent
The Secretary may adjust the qualifying rent established for a
project under subparagraph (A) of paragraph (1), only if the Secretary
finds that such adjustment is necessary to support the continued
financial viability of the project and only by such amount as the
Secretary determines is necessary to maintain continued financial
viability of the project.
(3) Increases in tenant income
Housing shall qualify as affordable housing despite a temporary
noncompliance with subparagraph (B) or (C) of paragraph (1) if such
noncompliance is caused by increases in the incomes of existing tenants
and if actions satisfactory to the Secretary are being taken to ensure
that all vacancies are filled in accordance with paragraph (1) until
such noncompliance is corrected. Tenants who no longer qualify as
low-income families shall pay as rent not less than 30 percent of the
family's adjusted monthly income, as recertified annually.
(4) Mixed-income project
Housing that accounts for less than 100 percent of the dwelling units
in a project shall qualify as affordable housing if such housing meets
the criteria of this section.
(5) Mixed-use project
Housing in a project that is designed in part for uses other than
residential use shall qualify as affordable housing if such housing
meets the criteria of this section.
(b) Homeownership
Housing that is for homeownership shall qualify as affordable housing
under this subchapter only if the housing --
(1) has an initial purchase price that does not exceed 95 percent of
the median purchase price for the area, as determined by the Secretary
with such adjustments for differences in structure, including whether
the housing is single-family or multifamily, and for new and old housing
as the Secretary determines to be appropriate;
(2) is the principal residence of an owner whose family qualifies as
a low-income family at the time of purchase;
(3) is made available for initial purchase only to first-time
homebuyers;
(4) is made available for subsequent purchase only --
(A) to persons who meet the qualifications specified under paragraph
(2), and
(B) at a price consistent with guidelines that are established by the
participating jurisdiction and determined by the Secretary to be
appropriate --
(i) to provide the owner with a fair return on investment, including
any improvements, and
(ii) to ensure that the housing will remain affordable to a
reasonable range of low income homebuyers; and
(5) if newly constructed, meets the energy efficiency standards
promulgated by the Secretary in accordance with section 12709 of this
title.
(Pub. L. 101-625, title II, 215, Nov. 28, 1990, 104 Stat. 4101.)
This Act, referred to in subsec. (a)(1)(E), is Pub. L. 101-625,
Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National
Affordable Housing Act. For complete classification of this Act to the
Code, see Short Title note set out under section 12701 of this title and
Tables.
42 USC -- 12746. Participation by States and local governments
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall designate a State or unit of general local
government to be a participating jurisdiction when it complies with
procedures that the Secretary shall establish by regulation, which
procedures shall only provide for the following:
(1) Allocation
Not later than 20 days after funds to carry out this part become
available (or, during the first year after November 28, 1990, not later
than 20 days after (A) funds to carry out this part are provided in an
appropriations Act, or (B) regulations to implement this part are
promulgated, whichever is later), the Secretary shall allocate funds in
accordance with section 12747 of this title and promptly notify each
jurisdiction receiving a formula allocation of its allocation amount.
If a jurisdiction is not already a participating jurisdiction, the
Secretary shall inform the jurisdiction in writing how the jurisdiction
may become a participating jurisdiction.
(2) Consortia
A consortium of geographically contiguous units of general local
government shall be deemed to be a unit of general local government for
purposes of this subchapter if the Secretary determines that the
consortium --
(A) has sufficient authority and administrative capability to carry
out the purposes of this subchapter on behalf of its member
jurisdictions, and
(B) will, according to a written certification by the State (or
States, if the consortium includes jurisdictions in more than one
State), direct its activities to alleviation of housing problems within
the State or States.
(3) Eligibility
(A) A jurisdiction receiving a formula allocation under section 12747
of this title shall be eligible to become a participating jurisdiction
if its formula allocation is $750,000 or greater, or if the Secretary
finds that --
(i) the jurisdiction has a local housing authority and has
demonstrated a capacity to carry out provisions of this part, and
(ii) the State has authorized the Secretary to transfer to the
jurisdiction a portion of the State's allocation that is equal to or
greater than the difference between the jurisdiction's formula
allocation and $750,000, or the State or jurisdiction has made available
from the State's or jurisdiction's own sources an equal amount for use
by the jurisdiction in conformance with the provisions of this part.
(B) If a jurisdiction has met the requirements of subparagraph (A),
the jurisdiction's formula allocation for a fiscal year shall
subsequently be deemed to equal the sum of the jurisdiction's allocation
under section 12747(a)(1) of this title and the amount made available to
the jurisdiction under subparagraph (A)(ii).
(4) Notification
If an eligible jurisdiction notifies the Secretary in writing, not
later than 30 days after receiving notification under paragraph (1), of
its intention to become a participating jurisdiction, the Secretary
shall reserve an amount equal to the jurisdiction's allocation (plus any
reallocations for which the jurisdiction is eligible under section
12747(d)(1) of this title) pending the jurisdiction's designation as a
participating jurisdiction. The Secretary shall reallocate, in
accordance with paragraph (6) of this section, any funds reserved under
the previous sentence if the Secretary determines that the jurisdiction
will not meet the requirements for designation as a participating
jurisdiction within a reasonable period of time.
(5) Submission of strategy
Not later than 90 days after providing notification under paragraph
(4), an eligible jurisdiction shall submit to the Secretary a
comprehensive housing affordability strategy in accordance with section
12705 of this title.
(6) Reallocation
If the Secretary determines that a jurisdiction has failed to meet
the requirements of the previous 3 paragraphs or if the Secretary, after
providing for amendments and resubmissions in accordance with section
12705(c)(3) of this title, disapproves the jurisdiction's comprehensive
housing affordability strategy, the Secretary shall reallocate any funds
reserved for the jurisdiction as follows:
(A) State
If a State has failed to meet the requirements, the Secretary shall
--
(i) make any funds reserved for the State available by direct
reallocation among applications submitted by units of general local
government within the State or consortia that include units of general
local government within the State, insofar as approvable applications
meeting the selection criteria under section 12747(c) of this title are
received within 12 months after the funds become available for the
direct reallocation, and
(ii) reallocate the remainder by formula in accordance with section
12747(b) of this title.
(B) Local
If a unit of general local government has failed to meet the
requirements and is located in a State that is a participating
jurisdiction, the Secretary shall reallocate to the State any funds
reserved for the locality, with preference going to the provision of
affordable housing within the locality.
(C) Direct reallocation
If a unit of general local government has failed to meet the
requirements and is located in a State that is not a participating
jurisdiction, the Secretary shall --
(i) make any funds reserved for the locality available for use within
the State by direct reallocation among units of general local government
and community housing development organizations, insofar as approvable
applications meeting the selection criteria under section 12747(c) of
this title are received within 12 months after the funds become
available for the direct reallocation with priority going to
applications for affordable housing within the locality, and
(ii) reallocate the remainder in accordance with section 12747(b) of
this title.
(D) Certain jurisdictions deemed to be participating jurisdictions
If a State or unit of general local government is meeting the
requirements of paragraphs (3), (4), and (5), it shall be deemed to be a
participating jurisdiction for purposes of reallocation under this
paragraph.
(7) Designation
The Secretary shall designate an eligible jurisdiction to be a
participating jurisdiction as soon as its comprehensive housing
affordability strategy is approved in accordance with section 12705 of
this title.
(8) Continuous designation
Once a State or unit of general local government is designated a
participating jurisdiction, it shall remain a participating jurisdiction
for subsequent fiscal years, except as provided in paragraph (9). The
provisions of paragraphs (3) through (6) shall not apply to
participating jurisdictions.
(9) Revocation
The Secretary may revoke a jurisdiction's designation as a
participating jurisdiction if --
(A) the Secretary finds, after reasonable notice and opportunity for
hearing, that the jurisdiction is unwilling or unable to carry out the
provisions of this subchapter, or
(B) the jurisdiction's allocation falls below $750,000 for 3
consecutive years, below $625,000 for 2 consecutive years, or the
jurisdiction does not receive a formula allocation of $500,000 or more
in any 1 year.
If a jurisdiction's designation as a participating jurisdiction is
revoked, any remaining line of credit in the jurisdiction's HOME
Investment Trust Fund established under section 12748 of this title
shall be reallocated in accordance with paragraph (6) of this section.
(Pub. L. 101-625, title II, 216, Nov. 28, 1990, 104 Stat. 4103.)
42 USC -- 12747. Allocation of resources
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) States and units of general local government
After reserving amounts for Indian tribes as required by paragraph
(2) of this subsection and after reserving amounts for the insular areas
under paragraph (3), the Secretary shall allocate funds approved in an
appropriations Act to carry out this subchapter by formula as provided
in subsection (b) of this section. Of the funds made available under
the preceding sentence, the Secretary shall initially allocate 60
percent among units of general local government and 40 percent among
States.
(2) Indian allocation
For each fiscal year, of the amount approved in an appropriations Act
to carry out this subchapter, the Secretary shall reserve for grants to
Indian tribes 1 percent of the amount appropriated under such section.
/1/ The Secretary shall provide for distribution of amounts under this
paragraph to Indian tribes on the basis of a competition conducted
pursuant to specific criteria for the selection of Indian tribes to
receive such amounts. The criteria shall be contained in a regulation
promulgated by the Secretary after notice and public comment.
(3) /2/ Insular areas
(A) In general
For each fiscal year, of any amount approved in an appropriations Act
to carry out this subchapter, the Secretary shall reserve for grants to
the insular areas an amount that reflects --
(i) their share of the total population of eligible jurisdictions;
and
(ii) any adjustments that the Secretary determines are reasonable in
light of available data that are related to factors set forth in
subsection (b)(1)(B) of this section.
(B) Specific criteria
The Secretary shall provide for the distribution of amounts reserved
under this paragraph among the insular areas in accordance with specific
criteria to be set forth in a regulation promulgated by the Secretary
after notice and public comment.
(C) Transitional provisions
For fiscal year 1992, the reservation for insular areas specified in
subparagraph (A) shall be made from any funds which become available for
reallocation in accordance with the provisions of section 12746(6)(A) of
this title.
(b) Formula allocation
(1) In general
(A) Rental housing production formula
(i) Of the funds made available under subsection (a)(1) of this
section, the Secretary shall designate 10 percent in fiscal year 1991,
and 15 percent in fiscal year 1992, for use only to produce affordable
rental housing through new construction or substantial rehabilitation.
Such funds shall be initially allocated by formula among jurisdictions
that, according to the determination of the Secretary under section
12742(a)(3)(B) of this title, have a housing supply sufficiently
inadequate to permit new construction. The allocation among States
shall reflect each State's share of the need in areas that meet the
criteria established by the Secretary under section 12742(a)(3)(B) of
this title. Such formula shall reflect each eligible jurisdiction's
share of the total need among all eligible jurisdictions for rental
housing production as identified by objective measures of inadequate
housing supply, including low vacancy rates, low turnover of units with
rents below fair market rents, a high proportion of substandard housing,
and other measures that the Secretary determines are appropriate under
section 12742(a)(3)(B) of this title. In no case may a jurisdiction's
total allocation under this subparagraph and subparagraph (B) exceed the
amount the jurisdiction would have received if its allocation were made
under subparagraph (B) alone.
(ii) Any amounts made available under clause (i) that are not
committed for new construction or substantial rehabilitation within a
period ending 12 months after they are deposited in a jurisdiction's
HOME Investment Trust Fund shall remain available only for such purposes
during a subsequent 12-month period, after which they shall be available
for other eligible uses in accordance with section 12742 of this title
for an additional period of not to exceed 12 months.
(B) Basic formula
The Secretary shall establish in /3/ regulation an allocation formula
that reflects each jurisdiction's share of total need among eligible
jurisdiction /4/ for an increased supply of affordable housing for very
low-income and low-income families of different size, as identified by
objective measures of inadequate housing supply, substandard housing,
the number of low-income families in housing likely to be in need of
rehabilitation, the costs of producing housing, poverty, and the
relative fiscal incapacity of the jurisdiction to carry out housing
activities eligible under section 12742 of this title without Federal
assistance. Allocation among units of general local government shall
take into account the housing needs of metropolitan cities, urban
counties, and approved consortia of units of general local government.
(C) Source of data
The data to be used for formula allocation of funds within a fiscal
year shall be data obtained from a standard source that are available to
the Secretary 90 days prior to the beginning of that fiscal year.
(D) Use of basic formula
Except as provided in subparagraph (A), the basic formula established
under subparagraph (B) shall be used for all formula allocations and
reallocations provided for in this part.
(E) Weights
When allocation is made among States, the Secretary shall apply the
formulas in subparagraph (B) giving 20 percent weight to measures of
need for the whole State and 80 percent weight to measures of need among
units of general local government that are not receiving an allocation
under section 12746(1) of this title.
(F) Adjustments
In developing the basic formula in subparagraph (B), the Secretary
shall (i) avoid the allocation of an excessively large share of amounts
made available under this part to any one State or unit of general local
government, and (ii) take into account the need for a geographic
distribution of amounts made available under this part that
appropriately reflects the housing need in each region of the Nation.
If a jurisdiction receives an allocation under subparagraph (A), the
Secretary shall make such adjustments in the jurisdiction's allocation
under the formula in subparagraph (B) as may be necessary to ensure that
the combined effect of the formulas in subparagraphs (A) and (B) does
not reduce the allocation of any jurisdiction below the allocation it
would receive if allocations were made according to the formula under
subparagraph (B) alone.
(G) Consultation
The Secretary shall develop the formulas in subparagraphs (A) and (B)
in ongoing consultation with (i) the Subcommittee on Housing and Urban
Affairs of the Committee on Banking, Housing, and Urban Affairs of the
Senate, (ii) the Subcommittee on Housing and Community Development of
the Committee on Banking, Finance and Urban Affairs of the House of
Representatives, and (iii) organizations representing States and units
of general local government. Not less than 60 days prior to publishing
a formula for comment, the Secretary shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Banking, Finance and Urban Affairs of the House of Representatives a
copy of the formula the Secretary intends to propose.
(2) Minimum State allocation
(A) In general
If the formula, when applied to funds approved under this section in
appropriations Acts for a fiscal year, would allocate less than
$3,000,000 to any State, the allocation for such State shall be
$3,000,000, and the increase shall be deducted pro rata from the
allocations of other States.
(B) Increased minimum allocation
If no unit of general local government within a State receives an
allocation under paragraph (3), the State's allocation shall be
increased by $500,000. Priority for use of such increased allocation
shall go to the provision of affordable housing within the boundaries of
metropolitan cities, urban counties, and approved consortia within the
State, based on the need for such funds. The increased allocation to a
State under the preceding sentence shall be derived by a pro rata
deduction from the allocations to units of general local government in
all States, except that such pro rata deduction shall not reduce the
allocation of any unit of general local government below $500,000.
(3) Minimum local allocation
The Secretary shall allocate funds available for formula allocation
to units of general local government that, as of the end of the previous
fiscal year, qualified as metropolitan cities, urban counties, and
consortia approved by the Secretary in accordance with section 12746(2)
of this title so that, when all such funds are initially allocated by
formula, only those jurisdictions that are allocated an amount of
$500,000 or greater shall receive an allocation. Prior to announcing
initial allocations, the Secretary shall successively recalculate the
allocations to jurisdictions under this subsection so that the maximum
number of such jurisdictions can receive initial allocations.
(c) Criteria for direct reallocation
The Secretary shall establish objective criteria for making direct
reallocations to any participating jurisdiction and other eligible
entities. A jurisdiction shall be eligible for a direct reallocation
under this subsection only if the jurisdiction, in a form acceptable to
the Secretary, submits an application that demonstrates to the
satisfaction of the Secretary that the jurisdiction is engaged, or has
made good faith efforts to engage, in cooperative efforts between the
State and appropriate participating jurisdictions within the State to
develop, coordinate, and implement housing strategies under this
subchapter. The Secretary shall by regulation establish objective
selection criteria for such direct reallocations, which criteria shall
take into account --
(1) the applicant's demonstrated commitment to expand the supply of
affordable rental housing, including units developed by public housing
agencies, as indicated by the additional number of units of affordable
housing made available through production or rehabilitation within the
previous 2 years, making adjustment for regional variations in
construction and rehabilitation costs and giving special consideration
to the number of additional units made available under this subchapter
through production or rehabilitation, including units developed by
public housing agencies, in relation to the amounts made available under
this program;
(2) the applicant's actions that --
(A) direct funds made available under this part to benefit very
low-income families, with a range of incomes, in amounts that exceed the
income targeting requirements of section 12744 of this title, with extra
consideration given for activities that expand the supply of affordable
housing for very low-income families whose incomes do not exceed 30
percent of the median family income for the area, as determined by the
Secretary;
(B) apply the tenant selection preference categories applicable under
section 1437f of this title to the selection of tenants for housing
assisted under this part;
(C) provide matching resources in excess of funds required under
section 12750 of this title; and
(D) stimulate a high degree of investment and participation in
development by the private sector, including nonprofit organizations;
and
(3) the degree to which the applicant is pursuing policies that --
(A) make existing housing more affordable;
(B) remove or ameliorate any negative effects that public policies
identified by the applicant pursuant to section 12705(b)(4) of this
title may have on the cost of housing or the incentives to develop,
maintain, or improve affordable housing in the jurisdiction;
(C) preserve the affordability of privately-owned housing that is
vulnerable to conversion, demolition, disinvestment, or abandonment;
(D) increase the supply of housing that is affordable to very
low-income and low-income persons, particularly in areas that are
accessible to expanding job opportunities; and
(E) remedy the effects of discrimination and improve housing
opportunities for disadvantaged minorities.
(d) Reallocations
(1) In general
The Secretary shall make any reallocations periodically throughout
each fiscal year so as to ensure that all funds to be reallocated are
made available to eligible jurisdictions as soon as possible, consistent
with orderly program administration. Jurisdictions eligible for such
reallocations shall include participating jurisdictions and
jurisdictions meeting the requirements of paragraphs (3), (4), and (5)
of section 12746 of this title.
(2) Commitments
The Secretary shall establish procedures according to which
participating jurisdictions may make commitments to invest funds made
available under this section. Such procedures shall provide for
appropriate stages of commitment of funds to a project from initial
reservation through binding commitment. Notwithstanding any other
provision of this subchapter, funds that the Secretary determines are
needed to fulfill binding commitments shall not be available for
reallocation.
(3) Limitation
Unless otherwise specified in this part, any reallocation of funds
from a State shall be made only among all participating States, and any
reallocation of funds from units of general local government shall be
made only among all participating units of general local government.
(Pub. L. 101-625, title II, 217, Nov. 28, 1990, 104 Stat. 4105;
Pub. L. 102-229, title I, Dec. 12, 1991, 105 Stat. 1709; Pub. L.
102-230, 1, Dec. 12, 1991, 105 Stat. 1720.)
1991 -- Subsec. (a)(1). Pub. L. 102-229 and Pub. L. 102-230, 1(1),
amended par. (1) identically, inserting before first comma ''and after
reserving amounts for the insular areas under paragraph (3)''.
Subsec. (a)(3). Pub. L. 102-229 and Pub. L. 102-230, 1(2), which
were enacted on the same day, both added new pars. (3) relating to
insular areas. The text reflects the par. (3) added by Pub. L.
102-230. The par. (3) added by Pub. L. 102-229 read as follows: ''For
each fiscal year, of any amounts approved in appropriations Acts to
carry out this subchapter, the Secretary shall reserve for grants to the
insular areas the greater of (A) $750,000, or (B) 0.5 percent of the
amounts appropriated under such Acts. The Secretary shall provide for
the distribution of amounts reserved under this paragraph among the
insular areas pursuant to specific criteria for such distribution. The
criteria shall be contained in a regulation promulgated by the Secretary
after notice and public comment.''
/1/ So in original. The words ''such section'' probably should be
''section 12724 of this title''.
/2/ See 1991 Amendment note below.
/3/ So in original. Probably should be ''by''.
/4/ So in original. Probably should be ''jurisdictions''.
42 USC -- 12748. HOME Investment Trust Funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish for each participating jurisdiction a
HOME Investment Trust Fund, which shall be an account (or accounts as
provided in section 12749(c) of this title) for use solely to invest in
affordable housing within the participating jurisdiction's boundaries in
accordance with the provisions of this part.
(b) Line of credit
The Secretary shall establish a line of credit in the HOME Investment
Trust Fund of each participating jurisdiction, which line of credit
shall include --
(1) funds allocated or reallocated to the participating jurisdiction
under section 12747 of this title, and
(2) any payment or repayment made pursuant to section 12749 of this
title.
(c) Reductions
A participating jurisdiction's line of credit shall be reduced by --
(1) funds drawn from the HOME Investment Trust Fund by the
participating jurisdiction,
(2) funds expiring under subsection (g) of this section, and
(3) any penalties assessed by the Secretary under section 12754 /1/
of this title.
(d) Certification
A participating jurisdiction may draw funds from its HOME Investment
Trust Fund, but not to exceed the remaining line of credit, only after
providing certification that the funds shall be used pursuant to the
participating jurisdiction's approved housing strategy and in compliance
with all requirements of this subchapter. When such certification is
received, the Secretary shall immediately disburse such funds in
accordance with the form of the assistance determined by the
participating jurisdiction.
(e) Investment within 15 days
The participating jurisdiction shall, not later than 15 days after
funds are drawn from the jurisdiction's HOME Investment Trust Fund,
invest such funds, together with any interest earned thereon, in the
affordable housing for which the funds were withdrawn.
(f) No interest or fees
The Secretary shall not charge any interest or levy any other fee
with regard to funds in a HOME Investment Trust Fund.
(g) Expiration of right to draw funds
Except as provided in section 12747(b)(1)(A)(ii) of this title, if
any funds becoming available to a participating jurisdiction under this
subchapter are not placed under binding commitment to affordable housing
within 24 months after the last day of the month in which such funds are
deposited in the jurisdiction's HOME Investment Trust Fund, the
jurisdiction's right to draw such funds from the HOME Investment Trust
Fund shall expire. The Secretary shall reduce the line of credit in the
participating jurisdiction's HOME Investment Trust Fund by the expiring
amount and shall reallocate the funds by formula in accordance with
section 12747(d) of this title.
(h) Administrative provision
The Secretary shall keep each participating jurisdiction informed of
the status of its HOME Investment Trust Fund, including the status of
amounts under various stages of commitment.
(Pub. L. 101-625, title II, 218, Nov. 28, 1990, 104 Stat. 4109.)
/1/ So in original. Probably should be section ''12753''.
42 USC -- 12749. Repayment of investment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Any repayment of funds drawn from a jurisdiction's HOME Investment
Trust Fund, and any payment of interest or other return on the
investment of such funds, shall be deposited in such jurisdiction's HOME
Investment Trust Fund, except that, if the jurisdiction is not a
participating jurisdiction when such payment or repayment is made, the
amount of such payment or repayment shall be reallocated in accordance
with section 12747(d) of this title.
(b) Assurance of repayment
Each participating jurisdiction shall enter into an agreement with
the Secretary ensuring that funds invested in affordable housing under
this part are repayable when the housing no longer qualifies as
affordable housing. Any repayment under the previous sentence shall be
for deposit in the HOME Investment Trust Fund of the jurisdiction making
the investment; except that if such jurisdiction is not a participating
jurisdiction when such repayment is made, the amount of such repayment
shall be reallocated in accordance with section 12747(d) of this title.
(c) Availability
The Secretary shall take such actions as are necessary to ensure that
any repayments deposited in a HOME Investment Trust Fund in accordance
with this section shall be immediately available to the participating
jurisdiction for investment subject to the provisions of this part that
apply to funds that are allocated under section 12747 of this title.
Actions authorized under the preceding sentence may include authorizing
the establishment for a participating jurisdiction of a HOME Investment
Trust Fund account outside of the Federal Government that, under
arrangements satisfactory to the Secretary, shall be used solely to
invest in affordable housing within the participating jurisdiction's
boundaries in accordance with the provisions of this subchapter. Such
accounts shall be established in such a manner that repayments are not
receipts or collections of the Federal Government.
(Pub. L. 101-625, title II, 219, Nov. 28, 1990, 104 Stat. 4110.)
42 USC -- 12750. Matching requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Contribution
Each participating jurisdiction shall make contributions to
affordable housing assisted under this subchapter that total, throughout
a fiscal year, not less than --
(1) 25 percent of the total funds drawn from the jurisdiction's HOME
Investment Trust Fund in that fiscal year with respect to rental
assistance and housing rehabilitation;
(2) 33 percent of the total funds drawn from the jurisdiction's HOME
Investment Trust Fund in that fiscal year with respect to substantial
rehabilitation; and
(3) 50 percent of the total funds drawn from the jurisdiction's HOME
Investment Trust Fund in that fiscal year with respect to new
construction.
Such contributions shall be in addition to any amounts made available
under section 12746(3)(A)(ii) of this title.
(b) Recognition
(1) In general
A contribution shall be recognized for purposes of subsection (a) of
this section only if it --
(A) is made with respect to housing that qualifies as affordable
housing under section 12745 of this title; or
(B) is made with respect to any portion of a project not less than 50
percent of the units of which qualify as affordable housing under
section 12745 of this title.
(2) Administrative expenses
Contributions for administrative expenses shall be recognized only up
to an amount equal to 7 percent of funds provided for investment under
this subchapter.
(c) Form
Such contributions may be in the form of --
(1) cash contributions from non-Federal resources, which may not
include funds from a grant made under section 5306(b) or section 5306(d)
of this title;
(2) payment of administrative expenses, as defined by the Secretary,
from non-Federal resources, which may include funds from a grant made
under section 5306(b) or section 5306(d) of this title;
(3) the value of taxes, fees, or other charges that are normally and
customarily imposed but are waived, foregone, or deferred in a manner
that achieves affordability of housing assisted under this subchapter;
(4) the value of land or other real property as appraised according
to procedures acceptable to the Secretary; and
(5) the value of investment in on-site and off-site infrastructure
directly required for affordable housing assisted under this subchapter.
(d) Reduction of requirement
If a jurisdiction demonstrates to the satisfaction of the Secretary
that a reduction of the matching requirement specified in subsection (a)
of this section is necessary to permit the jurisdiction to carry out the
purposes of this subchapter, the Secretary may reduce the matching
requirement during a period not to exceed 3 years after the jurisdiction
is first designated as a participating jurisdiction. Such reduction
shall be not more than 75 percent in the first year, not more than 50
percent in the second year, and not more than 25 percent in the third
year.
(Pub. L. 101-625, title II, 220, Nov. 28, 1990, 104 Stat. 4111.)
42 USC -- 12751. Private-public partnership
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Each participating jurisdiction shall make all reasonable efforts,
consistent with the purposes of this subchapter, to maximize
participation by the private sector, including nonprofit organizations
and for-profit entities, in the implementation of the jurisdiction's
housing strategy, including participation in the financing, development,
rehabilitation and management of affordable housing. Nothing in the
previous sentence shall preclude public housing authorities from fully
participating in the implementation of a jurisdiction's housing
strategy.
(Pub. L. 101-625, title II, 221, Nov. 28, 1990, 104 Stat. 4112.)
42 USC -- 12752. Distribution of assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Local
Each participating jurisdiction shall, insofar as is feasible,
distribute assistance under this part geographically within its
boundaries and among different categories of housing need, according to
the priorities of housing need identified in the jurisdiction's approved
housing strategy.
(b) State
Participating States shall be responsible for distributing assistance
throughout the State according to the State's assessment of the
geographical distribution of the housing need within the State, as
identified in the State's approved housing strategy. Participating
States shall distribute assistance to rural areas in amounts that take
into account the nonmetropolitan share of the State's total population
and objective measures of rural housing need, such as poverty and
substandard housing, as set forth in the State's housing strategy
approved under section 12705 of this title. To the extent the need is
within the boundaries of a participating unit of general local
government, the State and the unit of general local government shall
coordinate activities to address that need.
(Pub. L. 101-625, title II, 222, Nov. 28, 1990, 104 Stat. 4112.)
42 USC -- 12753. Penalties for misuse of funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
If the Secretary finds after reasonable notice and opportunity for
hearing that a participating jurisdiction has failed to comply
substantially with any provision of this part and until the Secretary is
satisfied that there is no longer any such failure to comply, the
Secretary shall reduce the line of credit in the participating
jurisdiction's HOME Investment Trust Fund by the amount of any
expenditures that were not in accordance with the requirements of this
subchapter, and the Secretary may --
(1) prevent withdrawals from the participating jurisdiction's HOME
Investment Trust Fund for activities affected by such failure to comply;
(2) restrict the participating jurisdiction's activities under this
subchapter to activities that conform to one or more model programs made
available under section 12743 of this title; or
(3) remove the participating jurisdiction from participation in
allocations or reallocations of funds made available under this part.
(Pub. L. 101-625, title II, 223, Nov. 28, 1990, 104 Stat. 4112.)
42 USC -- 12754. Limitation on jurisdictions under court order
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Notwithstanding any other provision of this Act, the Secretary shall
ensure that funds provided under this part are not employed to carry out
housing remedies or to pay fines, penalties, or costs associated with an
action in which --
(1) a participating jurisdiction has been adjudicated, by a Federal,
State, or local court, to be in violation of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Fair Housing Act (42
U.S.C. 3601 et seq.), or any other Federal, State, or local law
promoting fair housing or prohibiting discrimination, or
(2) a settlement has been entered into in any case where claims of
such violations have been asserted against a participating jurisdiction,
except to the extent permitted by subsection (b) of this section.
(b) Remedial use of funds permitted
In the case of settlement described in subsection (a)(2) of this
section, a jurisdiction may use funds provided under this Act to carry
out housing remedies with eligible activities.
(Pub. L. 101-625, title II, 224, Nov. 28, 1990, 104 Stat. 4113.)
This Act, referred to in text, is Pub. L. 101-625, Nov. 28, 1990,
104 Stat. 4079, known as the Cranston-Gonzalez National Affordable
Housing Act. For complete classification of this Act to the Code, see
Short Title note set out under section 12701 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
Act is classified generally to subchapter V ( 2000d et seq.) of chapter
21 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 2000a of this title and
Tables.
The Fair Housing Act, referred to in subsec. (a)(1), is title VIII
of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is
classified principally to subchapter I ( 3601 et seq.) of chapter 45 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of this title and Tables.
42 USC -- 12755. Tenant and participant protections
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Lease
The lease between a tenant and an owner of affordable housing
assisted under this subchapter for rental shall be for not less than one
year, unless by mutual agreement between the tenant and the owner, and
shall contain such terms and conditions as the Secretary shall determine
to be appropriate.
(b) Termination of tenancy
An owner shall not terminate the tenancy or refuse to renew the lease
of a tenant of rental housing assisted under this subchapter except for
serious or repeated violation of the terms and conditions of the lease,
for violation of applicable Federal, State, or local law, or for other
good cause. Any termination or refusal to renew must be preceded by not
less than 30 days by the owner's service upon the tenant of a written
notice specifying the grounds for the action.
(c) Maintenance and replacement
The owner of rental housing assisted under this subchapter shall
maintain the premises in compliance with all applicable housing quality
standards and local code requirements.
(d) Tenant selection
The owner of rental housing assisted under this subchapter shall
adopt written tenant selection policies and criteria that --
(1) are consistent with the purpose of providing housing for very
low-income and low-income families,
(2) are reasonably related to program eligibility and the applicant's
ability to perform the obligations of the lease,
(3) give reasonable consideration to the housing needs of families
that would have a preference under section 1437d(c)(4)(A) of this title,
and
(4) provide for (A) the selection of tenants from a written waiting
list in the chronological order of their application, insofar as is
practicable, and (B) for /1/ the prompt notification in writing of any
rejected applicant of the grounds for any rejection.
(Pub. L. 101-625, title II, 225, Nov. 28, 1990, 104 Stat. 4113.)
/1/ So in original. The word ''for'' probably should not appear.
42 USC -- 12756. Monitoring of compliance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Enforceable agreements
Each participating jurisdiction, through binding contractual
agreements with owners and otherwise, shall ensure long-term compliance
with the provisions of this subchapter. Such measures shall provide for
(1) enforcement of the provisions of this subchapter by the jurisdiction
or by the intended beneficiaries, and (2) remedies for the breach of
such provisions.
(b) Periodic monitoring
Each participating jurisdiction, not less frequently than annually,
shall review the activities of owners of affordable housing assisted
under this subchapter for rental to assess compliance with the
requirements of this subchapter. Such review shall include on-site
inspection to determine compliance with housing codes and other
applicable regulations. The results of each review shall be included in
the jurisdiction's performance report submitted to the Secretary under
section 12708(a) of this title and made available to the public.
(c) Special procedures for certain projects
In the case of small-scale or scattered site housing, the Secretary
may provide for such streamlined procedures for achieving the purposes
of this section as the Secretary determines to be appropriate.
(Pub. L. 101-625, title II, 226, Nov. 28, 1990, 104 Stat. 4114.)
42 USC -- Part B -- Community Housing Partnership
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12771. Set-aside for community housing development
organizations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
For a period of 18 months after funds under part A of this subchapter
are made available to a jurisdiction, the jurisdiction shall reserve not
less than 15 percent of such funds for investment only in housing to be
developed, sponsored, or owned by community housing development
organizations. Each participating jurisdiction shall make reasonable
efforts to identify community housing development organizations that are
capable or can reasonably be expected to become capable of carrying out
elements of the jurisdiction's housing strategy and to encourage such
community housing development organizations to do so. A participating
jurisdiction is authorized to enter into contracts with community
housing development organizations to carry out this section.
(b) Recapture and reuse
If any funds reserved under subsection (a) of this section remain
uninvested for a period of 18 months, then the Secretary shall deduct
such funds from the line of credit in the participating jurisdiction's
HOME Investment Trust Fund and make such funds available by direct
reallocation (1) to other participating jurisdictions for affordable
housing developed, sponsored or owned by community housing development
organizations, or (2) to nonprofit intermediary organizations to carry
out activities that develop the capacity of community housing
development organizations consistent with section 12773 of this title,
with preference to community housing development organizations serving
the jurisdiction from which the funds were recaptured.
(c) Direct reallocation criteria
Insofar as practicable, direct reallocations under this section shall
be made according to the selection criteria established under section
12747(c) of this title.
(Pub. L. 101-625, title II, 231, Nov. 28, 1990, 104 Stat. 4114.)
42 USC -- 12772. Project-specific assistance to community housing
development organizations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Amounts reserved under section 12771 of this title may be used for
activities eligible under section 12742 of this title and, in amounts
not to exceed 10 percent of the amounts so reserved, for other
activities specified under this section.
(b) Project-specific technical assistance and site control loans
(1) In general
Amounts reserved under section 12771 of this title may be used to
provide technical assistance and site control loans to community housing
development organizations in the early stages of site development for an
eligible project. Such loans shall not exceed amounts that the
jurisdiction determines to be customary and reasonable project
preparation costs allowable under paragraph (2).
(2) Allowable expenses
A loan under this subsection may be provided to cover project
expenses necessary to determine project feasibility (including costs of
an initial feasibility study), consulting fees, costs of preliminary
financial applications, legal fees, architectural fees, engineering
fees, engagement of a development team, site control and title
clearance.
(3) Repayment
A community housing development organization that receives a loan
under this subsection shall repay the loan to the participating
jurisdiction's HOME Investment Trust Fund from construction loan
proceeds or other project income. The participating jurisdiction may
waive repayment of the loan, in part or in whole, if there are
impediments to project development that the participating jurisdiction
determines are reasonably beyond the control of the borrower.
(c) Project-specific seed money loans
(1) In general
Amounts reserved under section 12771 of this title may be used to
provide loans to community housing development organizations to cover
preconstruction project costs that the jurisdiction determines to be
customary and reasonable, including, but not limited to the costs of
obtaining firm construction loan commitments, architectural plans and
specifications, zoning approvals, engineering studies and legal fees.
(2) Eligible sponsors
A loan under this subsection may be provided only to a community
housing development organization that has, with respect to the project
concerned, site control, a preliminary financial commitment, and a
capable development team.
(3) Repayment
A community housing development organization that receives a loan
under this subsection shall repay the loan to the jurisdiction's HOME
Investment Trust Fund from construction loan proceeds or other project
income. The participating jurisdiction may waive repayment of the loan,
in whole or in part, if there are impediments to project development
that the participating jurisdiction determines are reasonably beyond the
control of the borrower.
(Pub. L. 101-625, title II, 232, Nov. 28, 1990, 104 Stat. 4115.)
42 USC -- 12773. Housing education and organizational support
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary is authorized to provide education and organizational
support assistance, in conjunction with other assistance made available
under this part --
(1) to facilitate the education of low-income homeowners and tenants;
and
(2) to promote the ability of community housing development
organizations to maintain, rehabilitate and construct housing for
low-income and moderate-income families in conformance with the
requirements of this subchapter.
(b) Eligible activities
Assistance under this section may be used only for the following
eligible activities:
(1) Organizational support
Organizational support assistance may be made available to community
housing development organizations to cover operational expenses and to
cover expenses for training and technical, legal, engineering and other
assistance to the board of directors, staff, and members of the
community housing development organization.
(2) Housing education
Housing education assistance may be made available to community
housing development organizations to cover expenses for providing or
administering programs for educating, counseling, or organizing
homeowners and tenants who are eligible to receive assistance under
other provisions of this subchapter.
(3) Program-wide support of nonprofit development and management
Technical assistance, training, and continuing support may be made
available to eligible community housing development organizations for
managing and conserving properties developed under this subchapter.
(4) Benevolent loan funds
Technical assistance may be made available to increase the investment
of private capital in housing for very low-income families, particularly
by encouraging the establishment of benevolent loan funds through which
private financial institutions will accept deposits at below-market
interest rates and make those funds available at favorable rates to
developers of low-income housing and to low-income homebuyers.
(5) Community development banks and credit unions
Technical assistance may be made available to establish privately
owned, local community development banks and credit unions to finance
affordable housing.
(c) Delivery of assistance
The Secretary shall provide this assistance only through contract --
(1) with a nonprofit intermediary organization that, in the
determination of the Secretary --
(A) customarily provides, in more than one community, services
related to the provision of decent housing that is affordable to
low-income and moderate-income persons or the revitalization of
deteriorating neighborhoods;
(B) has demonstrated experience in providing a range of assistance
(such as financing, technical assistance, construction and property
management assistance, capacity building and training) to community
housing development organizations or similar organizations that engage
in community revitalization;
(C) has demonstrated the ability to provide technical assistance and
training for community-based developers of affordable housing; and
(D) has described the uses to which such assistance will be put and
the intended beneficiaries of the assistance; or
(2) with another organization, if a participating jurisdiction
demonstrates that the organization is qualified to carry out eligible
activities and that the jurisdiction would not be served in a timely
manner by intermediaries specified under paragraph (1).
Contracts under paragraph (2) shall be for activities specified in an
application from the participating jurisdiction, which application shall
include a certification that the activities are necessary to the
effective implementation of the participating jurisdiction's housing
strategy.
(d) Limitations
Contracts under this section with any one contractor for a fiscal
year may not --
(1) exceed 20 percent of the amount appropriated for this section for
such fiscal year; or
(2) provide more than 20 percent of the operating budget (which shall
not include funds that are passed through to community housing
development organizations) of the contracting organization for any one
year.
(e) Single-State contractors
Not less than 40 percent of the funds made available for this section
in an appropriations Act in any fiscal year shall be made available for
eligible contractors that have worked primarily in one State.
(Pub. L. 101-625, title II, 233, Nov. 28, 1990, 104 Stat. 4116.)
42 USC -- 12774. Other requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Tenant participation plan
A community housing development organization that receives assistance
under this part shall provide a plan for and follow a program of tenant
participation in management decisions and shall adhere to a fair lease
and grievance procedure approved by the participating jurisdiction.
(b) Limitation on assistance
A community housing development organization may not receive
assistance under this subchapter for any fiscal year in an amount that,
together with other Federal assistance, provides more than 50 percent of
the organization's total operating budget in the fiscal year.
(c) Adjustments of other assistance
The Secretary shall take account of assistance provided to a project
under this part when adjusting other assistance to be provided to the
project as required by section 3545(d) of this title.
(Pub. L. 101-625, title II, 234, Nov. 28, 1990, 104 Stat. 4117.)
42 USC -- Part C -- Other Support for State and Local Housing Strategies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12781. Authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall, insofar as is feasible through contract with
eligible organizations, develop the capacity of participating
jurisdictions, State and local housing finance agencies, nonprofit
organizations and for-profit corporations, working in partnership, to
identify and meet needs for an increased supply of decent, affordable
housing.
(Pub. L. 101-625, title II, 241, Nov. 28, 1990, 104 Stat. 4117.)
42 USC -- 12782. Priorities for capacity development
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To carry out section 12781 of this title, the Secretary shall provide
assistance under this part to --
(1) facilitate the exchange of information that would help
participating jurisdictions carry out the purposes of this subchapter,
including information on program design, housing finance, land use
controls, and building construction techniques;
(2) improve the ability of States and units of general local
government to design and implement comprehensive housing affordability
strategies, particularly those States and units of general local
government that are relatively inexperienced in the development of
affordable housing;
(3) encourage private lenders and for-profit developers of low-income
housing to participate in public-private partnerships to achieve the
purposes of this subchapter;
(4) improve the ability of States and units of general local
government, community housing development organizations, private
lenders, and for-profit developers of low-income housing to incorporate
energy efficiency into the planning, design, financing, construction,
and operation of affordable housing; and
(5) facilitate the establishment and efficient operation of
employer-assisted housing programs through research, technical
assistance and demonstration projects.
(Pub. L. 101-625, title II, 242, Nov. 28, 1990, 104 Stat. 4118.)
42 USC -- 12783. Conditions of contracts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Eligible organizations
The Secretary shall carry out this part insofar as is practicable
through contract with --
(1) a participating jurisdiction or agency thereof;
(2) a public purpose organization established pursuant to State or
local legislation and responsible to the chief elected official of a
participating jurisdiction;
(3) an agency or authority established by two or more participating
jurisdictions to carry out activities consistent with the purposes of
this subchapter;
(4) a national or regional nonprofit organization that has a
membership comprised predominantly of entities or officials of entities
that qualify under paragraph (1), (2), or (3); or
(5) a professional and technical services company or firm that has
demonstrated capacity to provide services under this part.
(b) Contract terms
Contracts under this part shall be for not more than 3 years and
shall provide not more than 20 percent of the operating budget of the
contracting organization in any one year. Within any fiscal year,
contracts with any one organization may not be entered into for a total
of more than 20 percent of the funds appropriated under this part in
that fiscal year.
(Pub. L. 101-625, title II, 243, Nov. 28, 1990, 104 Stat. 4118.)
42 USC -- 12784. Research in housing affordability
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary is authorized to support, through contracts with
eligible organizations and otherwise, such research and to publish such
reports as will assist in the achievement of the purposes of this
subchapter. Activities authorized by the previous sentence may include
an ongoing analysis of the impact of public policies at the Federal,
State, and local levels, both individually and in the aggregate, on the
incentives to expand and maintain the supply of energy-efficient
affordable housing in the United States, particularly in areas with
severe problems of housing affordability. For purposes of this section,
agencies of the United States, government-sponsored mortgage finance
corporations, and qualified research organizations shall be included as
eligible organizations in addition to eligible organizations specified
under section 12783 of this title.
(Pub. L. 101-625, title II, 244, Nov. 28, 1990, 104 Stat. 4118.)
42 USC -- 12785. REACH: asset recycling information dissemination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available upon request by any participating
jurisdiction a list of eligible properties that are located within the
jurisdiction and that are owned or controlled by the Department of
Housing and Urban Development to facilitate the purchase, development,
or rehabilitation of such properties with assistance made available
under this subchapter.
(b) Eligible properties
An eligible property under this section shall --
(1) be an unoccupied single-family or multifamily dwelling, such that
acquisition and rehabilitation of the dwelling would not result in the
displacement of any residents of the dwelling; and
(2) have an appraised value that does not exceed (A) in the case of a
1- to 4-family dwelling, 95 percent of the median purchase price for the
area for such dwellings, as determined by the Secretary, or (B) in the
case of a dwelling with more than 4 units, the applicable maximum dollar
amount limitation under section 1715l(d)(3)(ii) of title 12 for
elevator-type structures.
(Pub. L. 101-625, title II, 245, Nov. 28, 1990, 104 Stat. 4119.)
42 USC -- Part D -- Specified Model Programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12801. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Among the alternative model programs that the Secretary shall make
available for use by participating jurisdictions under the provisions of
section 12743 of this title shall be model programs specified in this
part. The Secretary shall keep these specified model programs under
review and submit to Congress such recommendations for change as the
Secretary determines to be appropriate.
(Pub. L. 101-625, title II, 251, Nov. 28, 1990, 104 Stat. 4119.)
42 USC -- 12802. Rental housing production
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Repayable advances
(1) In general
The Secretary shall make available a model program under which
repayable advances may be made to public and private project sponsors in
constructing, acquiring, or substantially rehabilitating projects to be
used as affordable rental housing, including limited equity cooperatives
and mutual housing.
(2) Maximum amount of advance
An advance under this model program shall not exceed 50 percent of
the total costs associated with the construction, acquisition, or
substantial rehabilitation of the project, as determined by the
participating jurisdiction.
(3) Terms of repayment
(A) Interest payments
(i) In general
Under the model program, advances shall be repaid with interest
calculated at a rate of not more than 3 percent per year, as determined
by the participating jurisdiction to be appropriate. Interest shall
begin to accrue 1 year after the completion of the construction,
acquisition, or substantial rehabilitation of the project and shall be
payable in annual installments.
(ii) Exception
Interest and any accrued interest shall be payable only from the
surplus cash flow of the project, after a minimum return on equity
determined by the participating jurisdiction to be appropriate. As used
in the previous sentence, the term ''surplus cash flow'' means the cash
flow of the project after the payment of all amounts due under the first
mortgage, operating expenses, and required replacement reserves, as
determined by the participating jurisdiction.
(B) Additional interest payments
Under the model program, for any year in which the sum of the surplus
cash flow of a project and the return on equity exceeds all interest
payments due under subparagraph (A), 50 percent of the excess surplus
cash flow shall be paid to the participating jurisdiction's HOME
Investment Trust Fund as additional interest.
(C) Principal and unpaid interest
The principal amount of an advance under the model program, and any
interest remaining unpaid pursuant to subparagraph (A)(ii) shall be
repayable when the housing no longer qualifies as affordable housing in
accordance with section 12749(b) of this title.
(b) Selection guidelines
(1) In general
The Secretary shall establish guidelines for the selection of
projects by participating jurisdictions for assistance under the model
program. Such guidelines shall be designed to select projects in areas
and for markets demonstrating the greatest need for the production of
affordable rental housing.
(2) Specific requirements
The selection guidelines may include --
(A) the extent of the shortage of rental housing in the area that is
available to low-income families;
(B) the extent large families with children will be served by the
project;
(C) the extent to which the project provides congregate facilities
and has available supportive services that will permit elderly or
handicapped residents who become frail and are in need of assistance in
living to continue to reside in the project;
(D) the extent of very low-income and low-income occupancy in excess
of the income targeting requirements in section 12744 of this title;
(E) the extent of the project sponsor's commitment of equity to the
project (except that this criterion shall not apply to or affect the
selection of applications submitted by public housing agencies and
nonprofit entities);
(F) the extent of the project sponsor's commitment of equity to the
project in comparison to the value of all public assistance for the
project, including assistance under this subchapter, other Federal
assistance and financing, and State and local government contributions
(except that this criterion shall not apply to or affect the selection
of applications submitted by public housing agencies and nonprofit
entities);
(G) the extent of non-Federal public or private assistance to the
project;
(H) the extent to which the project provides supportive services for
persons with disabilities; and
(I) any other factor determined by the Secretary to be appropriate.
(c) Guidelines
The Secretary shall publish guidelines for the model program under
this section not later than 180 days after November 28, 1990.
(Pub. L. 101-625, title II, 252, Nov. 28, 1990, 104 Stat. 4119.)
42 USC -- 12803. Rental rehabilitation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program to support the
rehabilitation of privately owned rental housing located in
neighborhoods where the median income does not exceed 80 percent of the
area median as determined by the Secretary and where rents can
reasonably be expected not to change materially over an extended period
of time.
(b) Amount of subsidy
The amount of the rehabilitation subsidy shall be moderate and shall
generally not exceed 50 percent of the total costs associated with the
rehabilitation of the housing.
(c) Additional restrictions
The guidelines of the model program shall generally comport with the
additional protections and restrictions specified under section 1437o(c)
/1/ of this title.
(Pub. L. 101-625, title II, 253, Nov. 28, 1990, 104 Stat. 4121.)
Section 1437o of this title, referred to in subsec. (c), was
repealed by Pub. L. 101-625, title II, 289(b), Nov. 28, 1990, 104
Stat. 4128.
/1/ See References in Text note below.
42 USC -- 12804. Rehabilitation loans
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program to provide direct
loans to finance the rehabilitation of low and moderate income single
family and multifamily residential properties.
(b) Condition of loans
The Secretary shall establish terms and conditions to ensure that
such loans are acceptable risks, taking into consideration the need for
rehabilitation, the security for the loan and the ability of the
borrower to repay the loan. The Secretary may establish the interest
rate for loans under the model program, which shall include special
interest rates for loans to borrowers with incomes below 80 percent of
the area median income.
(c) Additional restrictions
Guidelines for the model program may require that the property --
(1) be located in an area that contains a substantial number of
dwellings in need of rehabilitation;
(2) the property /1/ is residential and owner-occupied; and
(3) the property /1/ is in need of rehabilitation or concentrated
code enforcement within a reasonable time, and the rehabilitation of
such property is consistent with a local plan for rehabilitation or code
enforcement.
Additional guidelines for the model program shall generally comport
with the additional protections and restrictions specified under section
1452b /2/ of this title.
(Pub. L. 101-625, title II, 254, Nov. 28, 1990, 104 Stat. 4121.)
Section 1452b of this title, referred to in subsec. (c), was
repealed by Pub. L. 101-625, title II, 289(b)(1), Nov. 28, 1990, 104
Stat. 4128, which is classified to section 12839(b)(1) of this title.
/1/ So in original. The words ''the property'' probably should not
appear.
/2/ See References in Text note below.
42 USC -- 12805. Sweat equity model program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program to provide grants
to public and private nonprofit organizations and community housing
development organizations to provide technical and supervisory
assistance to low-income and very low-income families, including the
homeless, in acquiring, rehabilitating, and constructing housing by the
self-help housing method.
(b) Rehabilitation of properties
The program shall target for rehabilitation properties which have
been acquired by the Federal, State, or local governments.
(c) Homeownership opportunities through sweat equity
(1) The program shall utilize the skilled or unskilled labor of
eligible families in exchange for acquisition of the property.
(2) Training shall be provided to eligible families in building and
home maintenance skills.
(d) Rental opportunities through sweat equity
(1) The program shall include rental opportunities for eligible
families which will help expand the stock of affordable housing which is
most appropriate for the target group.
(2) The use of the tenant's skilled or unskilled labor shall be
encouraged in lieu of or as a supplement to rent payments by the tenant.
(e) ''Self-help housing'' defined
The term ''self-help housing'' means the same as in section 1490c of
this title.
(f) Additional restrictions
The guidelines for the model program shall generally comport with the
additional protections and restrictions specified under section 1490c of
this title.
(Pub. L. 101-625, title II, 255, Nov. 28, 1990, 104 Stat. 4121.)
42 USC -- 12806. Home repair services grants for older and disabled
homeowners
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program to provide home
repair services for older homeowners and disabled homeowners, including
such services as the examination of homes, repair services, and
follow-up to ensure the continued effectiveness of the repairs provided.
(b) Eligible recipients
Home repair services shall be provided to homeowners who --
(1) own and reside in the dwellings for which services are provided;
(2) are older or disabled; and
(3) are members of low-income families.
(c) Permitted restrictions
Guidelines for the model program shall require that --
(1) assisted dwelling units be the primary residence of the homeowner
for whom services are provided;
(2) preferences be provided for (A) very low-income families, and (B)
individuals with intense need characterized by noneconomic factors such
as physical and mental disabilities, language barriers, and cultural,
social, or geographical isolation caused by racial or ethnic status that
restricts the ability of an individual to perform normal daily tasks or
that threatens the capacity of the individual to live independently;
(3) any fees charged be based on the income of the individual
receiving the home repair services.
(Pub. L. 101-625, title II, 256, Nov. 28, 1990, 104 Stat. 4122.)
42 USC -- 12807. Low-income housing conservation and efficiency grant
programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program to provide safe,
energy-efficient affordable housing for low-income persons.
(b) Activities
The model program shall provide for --
(1) identification of housing that is --
(A) owned and occupied by low-income families who have received, are
currently receiving, or are scheduled to receive assistance under the
weatherization assistance for low-income persons program under part A of
title IV of the Energy Conservation and Production Act (42 U.S.C. 6861
et seq.) (or a comparable Federal or State program);
(B) in danger of becoming uninhabitable within a 5-year period
because of structural weaknesses or problems; and
(C) not sufficiently sound to permit energy conservation improvements
without other repair or rehabilitation measures to protect such energy
investments;
(2) repairs that will significantly prolong the habitability of units
identified under paragraph (1), including roofing, electrical, plumbing,
furnace, and foundation repairs or replacement that will prolong the use
of the unit as a safe and energy-efficient residence for low-income
persons; and
(3) reasonable steps to ensure that any units so repaired will remain
occupied by persons or families eligible for assistance under this
subchapter.
(Pub. L. 101-625, title II, 257, Nov. 28, 1990, 104 Stat. 4122.)
The Energy Conservation and Production Act, referred to in subsec.
(b)(1)(A), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1142, as
amended. Part A of title IV of the Act is classified generally to part
A ( 6861 et seq.) of subchapter III of chapter 81 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 6801 of this title and Tables.
42 USC -- 12808. Second mortgage assistance for first-time homebuyers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program under which units
of general local government provide loans (secured by second mortgages)
with deferred payment of interest and principal to first-time
homebuyers.
(b) Homeownership counseling
The program under this section shall provide for homeownership
counseling to first-time homebuyers assisted, which shall include --
(1) counseling before and after purchase of the property;
(2) assisting first-time homebuyers in identifying the most suitable
and affordable properties;
(3) providing homebuyers with financial management assistance;
(4) assisting homebuyers in understanding mortgage transactions and
home sales contracts; and
(5) assisting homebuyers with eliminating any credit problems that
may prevent the homebuyers from purchasing the property.
(c) Eligibility requirements
Deferred payment loans secured by second mortgages may be provided
under the model program under this section if --
(1) the homebuyer assisted is a first-time homebuyer;
(2) the property secured by the second mortgage is a single-family
residence and is the principal residence of the homebuyer; and
(3) the principal obligation of the deferred payment loan secured by
a second mortgage does not exceed 30 percent of the acquisition price of
the residence to the homebuyer.
(d) Payment terms
(1) Period of deferral
The payment of any principal and interest on a loan under this
section shall be deferred for not less than the 5-year period beginning
on the date of the acquisition of the residence by the homebuyer.
(2) Interest rate
The interest rate on the unpaid balance of a loan under this section
shall be at least 4 percent.
(3) Repayment period
A deferred payment loan secured by a second mortgage shall be
repayable over the 15-year period beginning at the end of the deferral
period.
(e) Security
A deferred payment loan assisted with amount /1/ provided under a
grant under this section shall be secured by a lien on the property
involved, which lien shall be subordinate to the first mortgage on the
property.
(Pub. L. 101-625, title II, 258, Nov. 28, 1990, 104 Stat. 4123.)
/1/ So in original. Probably should be ''amounts''.
42 USC -- 12809. Rehabilitation of State and local government in rem
properties
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make available a model program under which States
and units of general local government may convert in rem properties to
provide affordable permanent housing for the homeless by leasing such
properties to nonprofit organizations and permitting such organizations
to rehabilitate the properties.
(b) Target
The program shall target vacant properties for rehabilitation by
nonprofit organizations.
(Pub. L. 101-625, title II, 259, Nov. 28, 1990, 104 Stat. 4124.)
42 USC -- Part E -- Mortgage Credit Enhancement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12821. Report on credit enhancement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Comptroller General of the United States shall carry out a study
of ways in which financing for affordable housing may be made available
to assist in the most efficient implementation of comprehensive housing
affordability strategies of participating jurisdictions. In conducting
the study, the Comptroller General shall draw upon the expertise of such
representatives of State and local government, State and local housing
finance agencies, agencies of the United States, government-sponsored
mortgage finance corporations, for-profit and nonprofit housing
developers, private financial institutions, and sources of long-term
mortgage investment, as the Comptroller General determines to be
appropriate.
(b) Report
Not later than one year after November 28, 1990, the Comptroller
General shall submit to the Congress and the Secretary a report
containing any recommendations for legislative or administrative actions
needed to improve the availability of mortgage finance for affordable
housing. The report shall include, but need not be limited to, an
assessment of --
(1) the need for the Department of Housing and Urban Development or
other agencies of the United States to provide partial credit
enhancement to make financing for affordable housing available
efficiently and at the lowest possible cost; and
(2) alternative ways in which --
(A) the Department could provide any needed credit enhancement on a
one-stop basis for participating jurisdictions, in coordination with
other forms of assistance under this part;
(B) the Department or other agencies of the Federal Government could
assist government-sponsored mortgage finance corporations in the
financing of mortgages on affordable housing through the development of
mortgage-backed securities that are more standardized and readily traded
in the capital markets;
(C) the capacities of existing agencies of the United States could be
used to provide mortgage finance more efficiently for affordable housing
through government-sponsored mortgage finance corporations; and
(D) the interests of the Federal Government could be protected and
any risks of loss could be minimized through requirements for fees,
mortgage insurance, risk-sharing, secure collateral, and guarantees by
other parties, and through standards relating to minimum capital and
prior experience with underwriting, origination and servicing.
(Pub. L. 101-625, title II, 271, Nov. 28, 1990, 104 Stat. 4124.)
42 USC -- Part F -- General Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12831. Equal opportunity
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Solicitation of contracts
Each participating jurisdiction shall prescribe procedures acceptable
to the Secretary to establish and oversee a minority outreach program
within each such jurisdiction to ensure the inclusion, to the maximum
extent possible, of minorities and women, and entities owned by
minorities and women, including, without limitation, real estate firms,
construction firms, appraisal firms, management firms, financial
institutions, investment banking firms, underwriters, accountants, and
providers of legal services, in all contracts, entered into by the
participating jurisdiction with such persons or entities, public and
private, in order to facilitate the activities of the participating
jurisdiction to provide affordable housing authorized under this Act or
any other Federal housing law applicable to such jurisdiction.
(b) Report to Congress
Before the end of the 180-day period beginning on the date the first
allocation of funds is made under section 12747 of this title, the
Secretary shall submit to the Congress a report containing a description
of the actions taken by each participating jurisdiction pursuant to
subsection (a) of this section and such recommendations for
administrative and legislative action as the Secretary may determine to
be appropriate to carry out the purposes of such subsection.
(Pub. L. 101-625, title II, 281, Nov. 28, 1990, 104 Stat. 4125.)
This Act, referred to in subsec. (a), is Pub. L. 101-625, Nov. 28,
1990, 104 Stat. 4079, known as the Cranston-Gonzalez National
Affordable Housing Act. For complete classification of this Act to the
Code, see Short Title note set out under section 12701 of this title and
Tables.
42 USC -- 12832. Nondiscrimination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
No person in the United States shall on the grounds of race, color,
national origin, religion, or sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available
under this subchapter. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.) or with respect to an otherwise qualified handicapped individual
as provided in section 794 of title 29 shall also apply to any such
program or activity.
(Pub. L. 101-625, title II, 282, Nov. 28, 1990, 104 Stat. 4125.)
The Age Discrimination Act of 1975, referred to in text, is title III
of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, which is
classified generally to chapter 76 ( 6101 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 6101 of this title and Tables.
42 USC -- 12833. Annual audits and accountability
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Independent audits
The Secretary, except as provided in paragraph /1/ (b)(1), shall
contract annually with an independent accounting firm to provide for a
full financial audit of the records of the HOME Investment Partnerships
program for each fiscal year. Funds available for departmental
administration may be used to provide for such audits. Each audit shall
be performed as soon as practicable after the close of the fiscal year
and in accordance with generally accepted Government auditing standards
approved by the Comptroller General of the United States (hereinafter
referred to as the ''Comptroller General''), and shall be consistent
with the requirements of sections 9105 and 9106 of title 31. The
Secretary shall promptly submit the report of the independent accounting
firm to the Congress, consistent with the requirements of section 9106
of title 31, and such report shall be published. The requirement for an
audit under this section shall be in lieu of the requirement for an
audit by the Comptroller General under section 9105(a) of title 31.
(b) Audits by Comptroller General
(1) Audits of HOME Investment Partnerships program
The Comptroller General, when the Comptroller General deems it to be
appropriate or when requested by the Committee on Banking, Housing, and
Urban Affairs of the Senate or the Committee on Banking, Finance and
Urban Affairs of the House of Representatives, shall conduct a full
financial audit of the records of the HOME Investment Partnerships
program for any fiscal year. The initiation of an audit for a fiscal
year under the previous sentence shall obviate the requirement for an
audit by an independent accounting firm under paragraph /1/ (a) for that
fiscal year. The report of the Comptroller General shall be submitted
promptly to the Secretary and the Congress and shall be published.
(2) Audits of recipients
The financial transactions of participating jurisdictions and of
other recipients of funds provided under this subchapter may, insofar as
they relate to funds provided under this subchapter, be audited by the
General Accounting Office under such rules and regulations as may be
prescribed by the Comptroller General of the United States. The
representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, files, and other papers, things,
or property belonging to or in use by such recipients pertaining to such
financial transactions and necessary to facilitate the audit.
(Pub. L. 101-625, title II, 283, Nov. 28, 1990, 104 Stat. 4125.)
/1/ So in original. Probably should be ''subsection''.
42 USC -- 12834. Uniform recordkeeping and reports to Congress
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Uniform requirements
The Secretary shall develop and establish uniform recordkeeping,
performance reporting, and auditing requirements for use by
participating jurisdictions.
(b) Report to Congress
Not later than 120 days after the end of each fiscal year, the
Secretary shall make an annual report to the Congress that summarizes
and assesses the results of reports provided under this section. Such
report shall include a description of actions taken by each
participating jurisdiction pursuant to section 12831(a) of this title
and such recommendations for administrative and legislative action as
may be appropriate to carry out the purposes of such section.
(Pub. L. 101-625, title II, 284, Nov. 28, 1990, 104 Stat. 4126.)
42 USC -- 12835. Citizen participation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall ensure that each participating jurisdiction, and
each jurisdiction seeking to become a participating jurisdiction,
complies with the requirements of section 12707 of this title.
(Pub. L. 101-625, title II, 285, Nov. 28, 1990, 104 Stat. 4126.)
42 USC -- 12836. Labor
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Any contract for the construction of affordable housing with 12 or
more units assisted with funds made available under this part shall
contain a provision requiring that not less than the wages prevailing in
the locality, as predetermined by the Secretary of Labor pursuant to the
Davis-Bacon Act (40 U.S.C. 276a -- 276a-5), shall be paid to all
laborers and mechanics employed in the development of affordable housing
involved, and participating jurisdictions shall require certification as
to compliance with the provisions of this section prior to making any
payment under such contract.
(b) Waiver
Subsection (a) of this section shall not apply if the individual
receives no compensation or is paid expenses, reasonable benefits, or a
nominal fee to perform the services for which the individual volunteered
and such persons are not otherwise employed at any time in the
construction work.
(Pub. L. 101-625, title II, 286, Nov. 28, 1990, 104 Stat. 4126.)
The Davis-Bacon Act, referred to in subsec. (a), is act Mar. 3,
1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to sections 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
42 USC -- 12837. Interstate agreements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The consent of the Congress is hereby given to any two or more States
to enter into agreements or compacts, not in conflict with any law of
the United States, for cooperative efforts and mutual assistance in
support of activities authorized under this subchapter as they pertain
to interstate areas and to localities within such States, and to
establish such agencies, joint or otherwise, as they may deem desirable
for making such agreements and compacts effective.
(Pub. L. 101-625, title II, 287, Nov. 28, 1990, 104 Stat. 4127.)
42 USC -- 12838. Environmental review
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In order to assure that the policies of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law
which further the purposes of such Act (as specified in regulations
issued by the Secretary) are most effectively implemented in connection
with the expenditure of funds under this subchapter, and to assure to
the public undiminished protection of the environment, the Secretary, in
lieu of the environmental protection procedures otherwise applicable,
may under regulations provide for the release of funds for particular
projects to participating jurisdictions under this subchapter who assume
all of the responsibilities for environmental review, decisionmaking,
and action pursuant to such Act, and such other provisions of law as the
regulations of the Secretary specify, that would apply to the Secretary
were he to undertake such projects as Federal projects. The Secretary
shall issue regulations to carry out this section only after
consultation with the Council on Environmental Quality.
(b) Procedure
The Secretary shall approve the release of funds subject to the
procedures authorized by this section only if, at least 15 days prior to
such approval and prior to any commitment of funds to such projects /1/
the participating jurisdiction has submitted to the Secretary a request
for such release accompanied by a certification which meets the
requirements of subsection (c) of this section. The Secretary's
approval of any such certification shall be deemed to satisfy his
responsibilities under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and such other provisions of law as the regulations
of the Secretary specify insofar as those responsibilities relate to the
releases of funds for projects to be carried out pursuant thereto which
are covered by such certification.
(c) Certification
A certification under the procedures authorized by this section shall
--
(1) be in a form acceptable to the Secretary,
(2) be executed by the chief executive officer or other officer of
the recipient of assistance under this subchapter qualified under
regulations of the Secretary,
(3) specify that the recipient of assistance under this subchapter
has fully carried out its responsibilities as described under subsection
(a) of this section, and
(4) specify that the certifying officer (A) consents to assume the
status of a responsible Federal official under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and each
provision of law specified in regulations issued by the Secretary
insofar as the provisions of such Act or other such provision of law
apply pursuant to subsection (a) of this section, and (B) is authorized
and consents on behalf of the participating jurisdiction and himself to
accept the jurisdiction of the Federal courts for the purpose of
enforcement of his responsibilities as such an official.
(d) Assistance to a State
In the case of assistance to States, the State shall perform those
actions of the Secretary described in subsection (b) of this section and
the performance of such actions shall be deemed to satisfy the
Secretary's responsibilities referred to in the second sentence of such
subsection.
(Pub. L. 101-625, title II, 288, Nov. 28, 1990, 104 Stat. 4127.)
The National Environmental Policy Act of 1969, referred to in
subsecs. (a), (b), and (c)(4), is Pub. L. 91-190, Jan. 1, 1970, 83
Stat. 852, as amended, which is classified generally to chapter 55 (
4321 et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 4321 of this title
and Tables.
/1/ So in original. Probably should be followed by a comma.
42 USC -- 12839. Termination of existing housing programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Except with respect to projects and programs for which binding
commitments have been entered into prior to October 1, 1991, no new
grants or loans shall be made after October 1, 1991, under --
(1) section 17 of the United States Housing Act of 1937 (42 U.S.C.
1437o);
(2) section 312 of the Housing Act of 1964 (42 U.S.C. 1452b);
(3) title VI of the Housing and Community Development Act of 1987;
(4) section 8(e)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437f(e)(2)), except for funds allocated under such section for
single room occupancy dwellings as authorized by title IV of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.); and
(5) section 810 of the Housing and Community Development Act of 1974
(12 U.S.C. 1706e).
(b) Repeals
(1) In general
Except as provided in paragraph (2), effective on October 1, 1991,
the provisions of law referred to in subsection (a) of this section are
repealed.
(2) No effect on SRO program
The provision of law referred to in subsection (a)(4) of this section
shall remain in effect with respect to single room occupancy dwellings
as authorized by title IV of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11361 et seq.).
(c) Disposition of repayments
Any amounts received on or after October 1, 1991, as repayments or
recaptures in connection with the programs referred to in subsection (a)
of this section and any other amounts for such programs that remain or
become unobligated on or after such date, shall be paid into the general
fund of the Treasury.
(Pub. L. 101-625, title II, 289, Nov. 28, 1990, 104 Stat. 4128.)
Title VI of the Housing and Community Development Act of 1987 (Pub.
L. 100-242), referred to in subsec. (a)(3), is set out as a note under
section 1715l of Title 12, Banks and Banking.
The Stewart B. McKinney Homeless Assistance Act, referred to in
subsecs. (a)(4), (b)(2), is Pub. L. 100-77, July 22, 1987, 101 Stat.
482, as amended. Title IV of the Act is classified principally to
subchapter IV ( 11361 et seq.) of chapter 119 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 11301 of this title and Tables.
42 USC -- SUBCHAPTER III -- NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12851. National Homeownership Trust
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
There is established the National Homeownership Trust, which shall be
in the Department of Housing and Urban Development and shall provide
assistance to first-time homebuyers in accordance with this subchapter.
(b) Board of Directors
The Trust shall be governed by a Board of Directors, which shall be
composed of --
(1) the Secretary of Housing and Urban Development, who shall be the
chairperson of the Board;
(2) the Secretary of the Treasury;
(3) the chairperson of the Board of Directors of the Federal Deposit
Insurance Corporation;
(4) the chairperson of the Federal Housing Finance Board;
(5) the chairperson of the Board of Directors of the Federal National
Mortgage Association;
(6) the chairperson of the Board of Directors of the Federal Home
Loan Mortgage Corporation; and
(7) 1 individual representing consumer interests, who shall be
appointed by the President of the United States, by and with the advice
and consent of the Senate.
(c) Powers of Trust
The Trust shall have the same powers as the powers given the
Government National Mortgage Association in section 1723a(a) of title
12.
(d) Travel and per diem
Members of the Board of Directors shall receive no additional
compensation by reason of service on the Board, but shall be allowed
travel expenses, including per diem in lieu of subsistence, as provided
for employees of the Federal Government or in the same manner as persons
employed intermittently in the Government service are allowed under
section 5703 of title 5, as appropriate.
(e) Director and staff
(1) Director
The Board of Directors may appoint an executive director of the Trust
and fix the compensation of the executive director, which shall be paid
from amounts in the National Homeownership Trust Fund.
(2) Staff
Subject to such rules as the Board of Directors may prescribe, the
Trust may appoint and hire such staff and provide for offices as may be
necessary to carry out its duties. The Trust may fix the compensation
of the staff, which shall be paid from amounts in the National
Homeownership Trust Fund.
(Pub. L. 101-625, title III, 302, Nov. 28, 1990, 104 Stat. 4129.)
For short title of this subchapter as the ''National Homeownership
Trust Act'', see Short Title note set out under section 12701 of this
title.
42 USC -- 12852. Assistance for first-time homebuyers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Trust shall provide assistance payments for first-time homebuyers
(including homebuyers buying shares in limited equity cooperatives) in
the following manners:
(1) Interest rate buydowns
Assistance payments so that the rate of interest payable on the
mortgages by the homebuyers does not exceed 6 percent.
(2) Downpayment assistance
Assistance payments to provide amounts for downpayments (including
closing costs and other costs payable at the time of closing) on
mortgages for such homebuyers.
(b) Eligibility requirements
Assistance payments under this subchapter may be made only to
homebuyers and for mortgages meeting the following requirements:
(1) First-time homebuyer
The homebuyer is an individual who --
(A) (and whose spouse) has had no ownership in a principal residence
during the 3-year period ending on the date of purchase of the property
with respect to which assistance payments are made under this
subchapter;
(B) is a displaced homemaker who, except for owning a home with his
or her spouse or residing in a home owned by the spouse, meets the
requirements of subparagraph (A); or
(C) is a single parent who, except for owning a home with his or her
spouse or residing in a home owned by the spouse while married, meets
the requirements of subparagraph (A).
(2) Maximum income of homebuyer
The aggregate annual income of the homebuyer and the members of the
family of the homebuyer residing with the homebuyer, for the 12-month
period preceding the date of the application of the homebuyer for
assistance under this subchapter, does not exceed --
(A) 95 percent of the median income for a family of 4 persons
(adjusted by family size) in the applicable metropolitan statistical
area (or such other area that the Board of Directors determines for
areas outside of metropolitan statistical areas); or
(B) 115 percent of such median income (adjusted by family size) in
the case of an area that is subject to a high cost area mortgage limit
under title II of the National Housing Act (12 U.S.C. 1707 et seq.).
The Board of Directors shall provide for certification of such income
for purposes of initial eligibility for assistance payments under this
subchapter and shall provide for recertification of homebuyers (and
families of homebuyers) so assisted not less than every 2 years
thereafter.
(3) Certification
The homebuyer (and spouse, where applicable) shall certify that the
homebuyer has made a good faith effort to obtain a market rate mortgage
and has been denied because the annual income of the homebuyer and the
members of the family of the homebuyer residing with the homebuyer is
insufficient.
(4) Principal residence
The property securing the mortgage is a single-family residence or
unit in a cooperative and is the principal residence of the homebuyer.
(5) Maximum mortgage amount
The principal obligation of the mortgage does not exceed the
principal amount that could be insured with respect to the property
under the National Housing Act (12 U.S.C. 1701 et seq.).
(6) Maximum interest rate
The interest payable on the mortgage is established at a fixed rate
that does not exceed a maximum rate of interest established by the Trust
taking into consideration prevailing interest rates on similar
mortgages.
(7) Responsible mortgagee
The mortgage has been made to, and is held by, a mortgagee that is
federally insured or that is otherwise approved by the Trust as
responsible and able to service the mortgage properly.
(8) Minimum downpayment
For a first-time homebuyer to receive downpayment assistance under
subsection (a)(2) of this section, the homebuyer shall have paid not
less than 1 percent of the cost of acquisition of the property
(excluding any mortgage insurance premium paid at the time the mortgage
is insured), as such cost is estimated by the Board of Directors.
(c) Terms of assistance
(1) Security
Assistance payments under this subchapter shall be secured by a lien
on the property involved. The lien shall be subordinate to all
mortgages existing on the property on the date on which the first
assistance payment is made.
(2) Repayment upon sale
Assistance payments under this subchapter shall be repayable from the
net proceeds of the sale, without interest, upon the sale of the
property for which the assistance payments are made. If the sale
results in no net proceeds or the net proceeds are insufficient to repay
the amount of the assistance payments in full, the Board of Directors
shall release the lien to the extent that the debt secured by the lien
remains unpaid.
(3) Repayment upon increased income
If the aggregate annual income of the homebuyer (and family of the
homebuyer) assisted under this subchapter exceeds the applicable maximum
income allowable under subsection (b)(2) of this section for any 2-year
period after such assistance is provided, the Board of Directors may
provide for the repayment, on a monthly basis, of all or a portion of
such assistance payments, based on the amount of assistance provided and
the income of the homebuyer (and family of the homebuyer).
(4) Repayment if property ceases to be principal residence
If the property for which assistance payments are made ceases to be
the principal residence of the first-time homebuyer (or the family of
the homebuyer), the Board of Directors may provide for the repayment of
all or a portion of the assistance payments.
(5) Available assistance
The Trust may make assistance payments under paragraphs (1) and (2)
of subsection (a) of this section with respect to a single mortgage of
an eligible homebuyer.
(d) Allocation formula
Amounts available in any fiscal year for assistance under this
subchapter shall be allocated for homebuyers in each State on the basis
of the need of eligible first-time homebuyers in each State for such
assistance in comparison with the need of eligible first-time homebuyers
for such assistance among all States.
(Pub. L. 101-625, title III, 303, Nov. 28, 1990, 104 Stat. 4130.)
The National Housing Act, referred to in subsec. (b)(2)(B), (5), is
act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is
classified principally to chapter 13 ( 1701 et seq.) of Title 12, Banks
and Banking. Title II of the Act is classified principally to
subchapter II ( 1707 et seq.) of chapter 13 of Title 12. For complete
classification of this Act to the Code, see section 1701 of Title 12 and
Tables.
42 USC -- 12853. National Homeownership Trust Fund
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
There is established in the Treasury of the United States a revolving
fund, to be known as the National Homeownership Trust Fund.
(b) Assets
The Fund shall consist of --
(1) any amount approved in appropriation Acts under section 12857 of
this title for purposes of carrying out this subchapter;
(2) any amount received by the Trust as repayment for payments made
under this subchapter; and
(3) any amount received by the Trust under subsection (d) of this
section.
(c) Use of amounts
The Fund shall, to the extent approved in appropriations Acts, be
available to the Trust for purposes of carrying out this subchapter.
(d) Investment of excess amounts
Any amounts in the Fund determined by the Trust to be in excess of
the amounts currently required to carry out the provisions of this
subchapter shall be invested by the Trust in obligations of, or
obligations guaranteed as to both principal and interest by, the United
States or any agency of the United States.
(e) Demonstration programs
Using not more than $20,000,000 of any amounts appropriated for the
Fund under section 12857 of this title in fiscal year 1991, the
Secretary shall carry out demonstration programs for combining housing
activities and economic development activities, as follows:
(1) In Milwaukee, Wisconsin, in an amount not to exceed $4,200,000,
for development, rehabilitation, and revitalization of 2 vacant
structures in a blighted minority neighborhood.
(2) In Washington, District of Columbia, in an amount not to exceed
$10,000,000, for nonprofit neighborhood-based groups to acquire and
rehabilitate vacant public and private housing for resale or rent to
low- and moderate-income families and to the extent of and subject to
engage in neighborhood-based economic development activities.
(3) In Philadelphia, Pennsylvania, in an amount not to exceed
$1,000,000, for technical assistance and organizational support for a
community development corporation that is a city-wide public/private
partnership engaged in the provision of technical assistance to
neighborhood community development corporations.
(4) In other areas, as the Secretary may determine.
(Pub. L. 101-625, title III, 304, Nov. 28, 1990, 104 Stat. 4132.)
42 USC -- 12854. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this subchapter:
(1) Board of Directors
The term ''Board of Directors'' or ''Board'' means the Board of
Directors of the National Homeownership Trust under section 12851(b) of
this title.
(2) Displaced homemaker
The term ''displaced homemaker'' means an individual who --
(A) is an adult;
(B) has not worked full-time full-year in the labor force for a
number of years, but has during such years, worked primarily without
remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in
obtaining or upgrading employment.
(3) Fund
The term ''Fund'' means the National Homeownership Trust Fund
established in section 12853 of this title.
(4) Single parent
The term ''single parent'' means an individual who --
(A) is unmarried or legally separated from a spouse; and
(B)(i) has 1 or more minor children for whom the individual has
custody or joint custody; or
(ii) is pregnant.
(5) State
The term ''State'' means the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, Guam, the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
(6) Trust
The term ''Trust'' means the National Homeownership Trust established
in section 12851 of this title.
(Pub. L. 101-625, title III, 305, Nov. 28, 1990, 104 Stat. 4132.)
42 USC -- 12855. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Board of Directors shall issue any regulations necessary to carry
out this subchapter.
(Pub. L. 101-625, title III, 306, Nov. 28, 1990, 104 Stat. 4133.)
42 USC -- 12856. Report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Board of Directors shall submit to the Congress, not later than
the expiration of the 90-day period beginning on the date of the
termination of the Trust under section 12859 of this title, a report
containing a description of the activities of the Trust and an analysis
of the effectiveness of the Trust in assisting first-time homebuyers.
(Pub. L. 101-625, title III, 307, Nov. 28, 1990, 104 Stat. 4133.)
42 USC -- 12857. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this subchapter
$250,000,000 for fiscal year 1991 and $521,500,000 for fiscal year 1992.
Any amount appropriated under this section shall be deposited in the
Fund and remain available until expended, subject to the provisions of
section 12858 of this title.
(Pub. L. 101-625, title III, 308, Nov. 28, 1990, 104 Stat. 4133.)
42 USC -- 12858. Transition
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority of Secretary
Upon the termination of the Trust as provided in section 12859 of
this title, the Secretary of Housing and Urban Development shall
exercise any authority of the Board of Directors and the Trust in
accordance with the provisions of this subchapter as may be necessary to
provide for the conclusion of the outstanding affairs of the Trust.
(b) Applicability of Trust provisions
Any assistance under this subchapter shall, after termination of the
Trust, be subject to the provisions of this subchapter that would have
applied to such assistance if the termination had not occurred.
(c) Certification of Fund to Treasury
Upon a determination by the Secretary of Housing and Urban
Development that the National Homeownership Trust Fund is no longer
necessary, the Secretary shall certify any amounts remaining in the Fund
to the Secretary of the Treasury and the Secretary of the Treasury shall
deposit into the general fund of the Treasury as miscellaneous receipts
any amounts remaining in the Fund.
(Pub. L. 101-625, title III, 309, Nov. 28, 1990, 104 Stat. 4133.)
42 USC -- 12859. Termination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Trust shall terminate on September 30, 1993.
(Pub. L. 101-625, title III, 310, Nov. 28, 1990, 104 Stat. 4133.)
42 USC -- SUBCHAPTER IV -- HOPE FOR HOMEOWNERSHIP OF MULTIFAMILY AND
SINGLE FAMILY HOMES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- Part A -- HOPE for Homeownership of Multifamily Units
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12871. Program authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary is authorized to make --
(1) planning grants to enable applicants to develop homeownership
programs; and
(2) implementation grants to enable applicants to carry out
homeownership programs.
(b) Authority to reserve housing assistance
In connection with a grant under this part, the Secretary may reserve
authority to provide assistance under section 1437f of this title to the
extent necessary to provide rental assistance for a nonpurchasing tenant
who resides in the project on the date the Secretary approves the
application for an implementation grant, for use by the tenant in
another project.
(c) Authorization of appropriations
There is authorized to be appropriated for grants under this part
$51,000,000 for fiscal year 1991 and $280,000,000 for fiscal year 1992.
Any amounts appropriated pursuant to this subsection shall remain
available until expended.
(Pub. L. 101-625, title IV, 421, Nov. 28, 1990, 104 Stat. 4162.)
This part, referred to in subsecs. (b) and (c), was in the original
''this subtitle'', meaning subtitle B ( 421-431) of title IV of Pub.
L. 101-625, Nov. 28, 1990, 104 Stat. 4162, which enacted this part and
amended section 1709 of Title 12, Banks and Banking.
42 USC -- 12872. Planning grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants
The Secretary is authorized to make planning grants to applicants for
the purpose of developing homeownership programs under this part. The
amount of a planning grant under this section may not exceed $200,000,
except that the Secretary may for good cause approve a grant in a higher
amount.
(b) Eligible activities
Planning grants may be used for activities to develop homeownership
programs (which may include programs for cooperative ownership),
including --
(1) development of resident management corporations and resident
councils;
(2) training and technical assistance of applicants related to the
development of a specific homeownership program;
(3) studies of the feasibility of a homeownership program;
(4) preliminary architectural and engineering work;
(5) tenant and homebuyer counseling and training;
(6) planning for economic development, job training, and
self-sufficiency activities that promote economic self-sufficiency for
homebuyers and homeowners under the homeownership program;
(7) development of security plans; and
(8) preparation of an application for an implementation grant under
this part.
(c) Application
(1) Form and procedures
An application for a planning grant shall be submitted by an
applicant in such form and in accordance with such procedures as the
Secretary shall establish.
(2) Minimum requirements
The Secretary shall require that an application contain at a minimum
--
(A) a request for a planning grant, specifying the activities
proposed to be carried out, the schedule for completing the activities,
the personnel necessary to complete the activities, and the amount of
the grant requested;
(B) a description of the applicant and a statement of its
qualifications;
(C) identification and description of the eligible property involved,
and a description of the composition of the tenants, including family
size and income;
(D) a certification by the public official responsible for submitting
the comprehensive housing affordability strategy under section 12705 of
this title that the proposed activities are consistent with the approved
housing strategy of the State or unit of general local government within
which the project is located (or, during the first 12 months after
November 28, 1990, that the application is consistent with such other
existing State or local housing plan or strategy that the Secretary
shall determine to be appropriate); and
(E) a certification that the applicant will comply with the
requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.), title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and will
affirmatively further fair housing.
(d) Selection criteria
The Secretary shall, by regulation, establish selection criteria for
a national competition for assistance under this section, which shall
include --
(1) the qualifications or potential capabilities of the applicant;
(2) the extent of tenant interest in the development of a
homeownership program for the property;
(3) the potential of the applicant for developing a successful and
affordable homeownership program and the suitability of the property for
homeownership;
(4) national geographic diversity among housing for which applicants
are selected to receive assistance; and
(5) such other factors that the Secretary shall require that (in the
determination of the Secretary) are appropriate for purposes of carrying
out the program established by this part in an effective and efficient
manner.
(Pub. L. 101-625, title IV, 422, Nov. 28, 1990, 104 Stat. 4162.)
The Fair Housing Act, referred to in subsec. (c)(2)(E), is title
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which
is classified principally to subchapter I ( 3601 et seq.) of chapter 45
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (c)(2)(E), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Act is classified generally to subchapter V ( 2000d et seq.) of
chapter 21 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 2000a of this title
and Tables.
The Age Discrimination Act of 1975, referred to in subsec.
(c)(2)(E), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.
728, as amended, which is classified generally to chapter 76 ( 6101 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of this title and
Tables.
42 USC -- 12873. Implementation grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants
The Secretary is authorized to make implementation grants to
applicants for the purpose of carrying out homeownership programs
approved under this part.
(b) Eligible activities
Implementation grants may be used for activities to carry out
homeownership programs (including programs for cooperative ownership),
including the following activities:
(1) Architectural and engineering work.
(2) Acquisition of the eligible property for the purpose of
transferring ownership to eligible families in accordance with a
homeownership program that meets the requirements under this part.
(3) Rehabilitation of any property covered by the homeownership
program, in accordance with standards established by the Secretary.
(4) Administrative costs of the applicant, which may not exceed 15
percent of the amount of the assistance provided under this section.
(5) Development of resident management corporations and resident
management councils, but only if the applicant has not received
assistance under section 12872 /1/ of this title for such activities.
(6) Counseling and training of homebuyers and homeowners under the
homeownership program.
(7) Relocation of tenants who elect to move.
(8) Any necessary temporary relocation of tenants during
rehabilitation.
(9) Planning for establishment of for- or not-for-profit small
businesses by or on behalf of residents, job training, and other
activities that promote economic self-sufficiency of homebuyers and
homeowners of the property covered by the homeownership program and
economic development of the neighborhood.
(10) Funding of operating expenses and replacement reserves of the
property covered by the homeownership program.
(11) Legal fees.
(12) Defraying costs for the ongoing training needs of the recipient
that are related to developing and carrying out the homeownership
program.
(13) Economic development activities that promote economic
self-sufficiency of homebuyers, residents, and homeowners under the
homeownership program.
(c) Matching funding
(1) In general
Each recipient shall assure that contributions equal to not less than
33 percent of the grant amounts made available under this section,
excluding any amounts provided for post-sale operating expense, shall be
provided from non-Federal sources to carry out the homeownership
program.
(2) Form
Such contributions may be in the form of --
(A) cash contributions from non-Federal resources, which may not
include funds from a grant made under section 5306(b) or section 5306(d)
of this title;
(B) payment of administrative expenses, as defined by the Secretary,
from non-Federal resources, including funds from a grant made under
section 5306(b) or section 5306(d) of this title;
(C) the value of taxes, fees, or other charges that are normally and
customarily imposed but are waived, foregone, or deferred in a manner
that facilitates the implementation of a homeownership program assisted
under this part;
(D) the value of land or other real property as appraised according
to procedures acceptable to the Secretary;
(E) the value of investment in on-site and off-site infrastructure
required for a homeownership program assisted under this part; or
(F) such other in-kind contributions as the Secretary may approve.
Contributions for administrative expenses shall be recognized only up
to an amount equal to 7 percent of the total amount of grants made
available under this section.
(d) /2/ Application
(1) Form and procedure
An application for an implementation grant shall be submitted by an
applicant in such form and in accordance with such procedures as the
Secretary shall establish.
(2) Minimum requirements
The Secretary shall require that an application contain at a minimum
--
(A) a request for an implementation grant, specifying the amount of
the grant requested and its proposed uses;
(B) if applicable, an application for assistance under section 1437f
of this title, specifying the proposed uses of such assistance and the
period during which the assistance will be needed;
(C) a description of the qualifications and experience of the
applicant in providing low-income housing;
(D) a description of the proposed homeownership program, consistent
with section 12874 /3/ of this title and the other requirements of this
part, specifying the activities proposed to be carried out and their
estimated costs, identifying reasonable schedules for carrying it out,
and demonstrating the program will comply with the affordability
requirements under section 12874(b) /3/
of this title;
(E) identification and description of the property involved, and a
description of the composition of the tenants, including family size and
income;
(F) a description of and commitment for the resources that are
expected to be made available to provide the matching funding required
under subsection (c) of this section and of other resources that are
expected to be made available in support of the homeownership program;
(G) identification and description of the financing proposed for any
(i) rehabilitation and (ii) acquisition (I) of the property, by an
entity for transfer to eligible families, and (II) by eligible families
of ownership interests in, or shares representing, units in the project;
(H) the proposed sales price, the basis for such price determination,
and terms to an entity, if any, that will purchase the property for
resale to eligible families;
(I) the proposed sales prices, if any, and terms to eligible
families;
(J) any proposed restrictions on the resale of units under a
homeownership program;
(K) identification and description of the entity that will operate
and manage the property;
(L) a certification by the public official responsible for submitting
the comprehensive housing affordability strategy under section 12705 of
this title that the proposed activities are consistent with the approved
housing strategy of the State or unit of general local government within
which the project is located (or, during the first 12 months after
November 28, 1990, that the application is consistent with such other
existing State or local housing plan or strategy that the Secretary
shall determine to be appropriate); and
(M) a certification that the applicant will comply with the
requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.), title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and will
affirmatively further fair housing.
(d) /4/ Selection criteria
The Secretary shall establish selection criteria for assistance under
this section, which shall include --
(1) the qualifications or potential capabilities of the applicant;
(2) the feasibility of the homeownership program;
(3) the extent of tenant interest in the development of a
homeownership program for the property;
(4) the potential for developing an affordable homeownership program
and the suitability of the property for homeownership;
(5) national geographic diversity among housing for which applicants
are selected to receive assistance;
(6) the extent to which a sufficient supply of affordable rental
housing of the type assisted under this title /5/ exists in the
locality, so that the implementation of the homeownership program will
not appreciably reduce the number of such rental units available to
residents currently residing in such units or eligible for residency in
such units; and
(7) such other factors as the Secretary determines to be appropriate
for purposes of carrying out the program established by the /6/ part in
an effective and efficient manner.
(e) Approval
The Secretary shall notify each applicant, not later than 6 months
after the date of the submission of the application, whether the
application is approved or not approved. The Secretary may approve the
application for an implementation grant with a statement that the
application for the section 8 (42 U.S.C. 1437f) assistance for residents
of the project not purchasing units is conditionally approved, subject
to the availability of appropriations in subsequent fiscal years.
(Pub. L. 101-625, title IV, 423, Nov. 28, 1990, 104 Stat. 4163.)
Section 12872 of this title, referred to in subsec. (b)(5), was in
the original ''section 322'' and was translated as reading ''section
422'', meaning section 422 of Pub. L. 101-625, to reflect the probable
intent of Congress. Section 322 of Pub. L. 101-625 amended section
1708 of Title 12, Banks and Banking.
Section 12874 of this title and section 12874(b) of this title,
referred to in subsec. (d)(2)(D), were in the original ''section 324''
and ''section 324(b)'', respectively, and were translated as reading
''section 424'' and ''section 424(b)'', respectively, meaning section
424 of Pub. L. 101-625, to reflect the probable intent of Congress.
Section 324 of Pub. L. 101-625, which proposed an amendment to section
1709 of Title 12, never took effect pursuant to section 351 of Pub. L.
101-625. Such section 324 did not contain a subsec. (b).
The Fair Housing Act, referred to in subsec. (d)(2)(M), is title
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which
is classified principally to subchapter I ( 3601 et seq.) of chapter 45
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(2)(M), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Act is classified generally to subchapter V ( 2000d et seq.) of
chapter 21 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 2000a of this title
and Tables.
The Age Discrimination Act of 1975, referred to in subsec.
(d)(2)(M), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.
728, as amended, which is classified generally to chapter 76 ( 6101 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of this title and
Tables.
This title, referred to in subsec. (d)(6), means title IV of Pub.
L. 101-625, known as the Homeownership and Opportunity Through HOPE Act,
and probably should have been ''this subtitle'', meaning subtitle B (
421-431) of title IV of Pub. L. 101-625, which is classified
principally to this part. For complete classification of title IV of
Pub. L. 101-625 to the Code, see Short Title note set out under section
1437aaa of this title and Tables.
/1/ See References in Text note below.
/2/ So in original. Two subsecs. (d) have been enacted.
/3/ See References in Text note below.
/4/ So in original. Two subsecs. (d) have been enacted.
/5/ See References in Text note below.
/6/ So in original. Probably should be ''this''.
42 USC -- 12874. Homeownership program requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
A homeownership program under this part shall provide for acquisition
by eligible families of ownership interest in, or shares representing,
the units in an eligible property under any arrangement determined by
the Secretary to be appropriate, such as cooperative ownership
(including limited equity cooperative ownership) and fee simple
ownership (including condominium ownership), for occupancy by the
eligible families.
(b) Affordability
A homeownership program under this part shall provide for the
establishment of sales prices (including principal, insurance, taxes,
and interest and closing costs) for initial acquisition of the property,
and for sales to eligible families, such that the eligible family shall
not be required to expend more than 30 percent of the adjusted income of
the family per month to complete a sale under the homeownership program.
(c) Plan
A homeownership program under this part shall provide, and include a
plan, for --
(1) identifying and selecting eligible families to participate in the
homeownership program;
(2) providing relocation assistance to families who elect to move;
(3) ensuring continued affordability by tenants, homebuyers, and
homeowners in the property; and
(4) providing ongoing training and counseling for homebuyers and
homeowners.
(d) Acquisition and rehabilitation limitation
Acquisition or rehabilitation of a property under a homeownership
program under this part may not consist of acquisition or rehabilitation
of less than all of the units in the property. The provisions of this
subsection may be waived upon a finding by the Secretary that the sale
of less than all the buildings in a project is feasible and will not
result in a hardship to any tenants of the project who are not included
in the homeownership program.
(e) Financing
(1) In general
The application shall identify and describe the proposed financing
for (A) any rehabilitation, and (B) acquisition (i) of the project,
where applicable, by an entity for transfer to eligible families, and
(ii) by eligible families of ownership interests in, or shares
representing, units in the project. Financing may include use of the
implementation grant, sale for cash, or other sources of financing
(subject to applicable requirements), including conventional mortgage
loans and mortgage loans insured under title II of the National Housing
Act (12 U.S.C. 1707 et seq.).
(2) Prohibition against pledges
Property transferred under this part shall not be pledged as
collateral for debt or otherwise encumbered except when the Secretary
determines that --
(A) such encumbrance will not threaten the long-term availability of
the property for occupancy by low-income families;
(B) neither the Federal Government nor the public housing agency will
be exposed to undue risks related to action that may have to be taken
pursuant to paragraph (3);
(C) any debt obligation can be serviced from project income,
including operating assistance; and
(D) the proceeds of such encumbrance will be used only to meet
housing standards in accordance with subsection (f) of this section or
to make such additional capital improvements as the Secretary determines
to be consistent with the purposes of this part.
(3) Opportunity to cure
Any lender that provides financing in connection with a homeownership
program under this part shall give the public housing agency, resident
management corporation, individual owner, or other appropriate entity a
reasonable opportunity to cure a financial default before foreclosing on
the property, or taking other action as a result of the default.
(f) Housing quality standards
The application shall include a plan ensuring that the unit --
(1) will be free from any defects that pose a danger to health or
safety before transfer of an ownership interest in, or shares
representing, a unit to an eligible family; and
(2) will, not later than 2 years after the transfer to an eligible
family, meet minimum housing standards established by the Secretary for
the purpose of this title. /1/
(g) Protection of nonpurchasing families
(1) In general
No tenant residing in a dwelling unit in a property on the date the
Secretary approves an application for an implementation grant may be
evicted by reason of a homeownership program approved under this part.
(2) Rental assistance
If a tenant decides not to purchase a unit, or is not qualified to do
so, the Secretary shall, subject to the availability of appropriations,
ensure that rental assistance under section 1437f of this title is
available for use by each otherwise qualified tenant in that or another
property.
(3) Relocation assistance
The recipient shall also inform each such tenant that if the tenant
chooses to move, the recipient will pay relocation assistance in
accordance with the approved homeownership program.
(Pub. L. 101-625, title IV, 424, Nov. 28, 1990, 104 Stat. 4166.)
The National Housing Act, referred to in subsec. (e)(1), is act June
27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of the Act is
classified principally to subchapter II ( 1707 et seq.) of chapter 13 of
Title 12, Banks and Banking. For complete classification of this Act to
the Code, see section 1701 of Title 12 and Tables.
This title, referred to in subsec. (f)(2), is title IV of Pub. L.
101-625, Nov. 28, 1990, 104 Stat. 4148, known as the Homeownership and
Opportunity Through HOPE Act, which enacted this subchapter and
subchapter II-A ( 1437aaa et seq.) of chapter 8 of this title, amended
sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and
section 1709 of Title 12, and enacted provisions set out as notes under
sections 1437c, 1437aa, and 1437aaa of this title. For complete
classification of title IV to the Code, see Short Title note set out
under section 1437aaa of this title and Tables.
Section 1437f of this title, referred to in subsec. (g)(2), was in
the original ''section 8'', and was translated as reading ''section 8 of
the United States Housing Act of 1937'' to reflect the probable intent
of Congress.
/1/ See References in Text note below.
42 USC -- 12875. Other program requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Preferences
In selecting eligible families for homeownership, the recipient shall
give a first preference to otherwise qualified current tenants and a
second preference to otherwise qualified eligible families who have
completed participation in an economic self-sufficiency program
specified by the Secretary.
(b) Cost limitations
The Secretary may establish cost limitations on eligible activities
under this part, subject to the provisions of this part.
(c) Use of proceeds from sales to eligible families
The entity that transfers ownership interests in, or shares
representing, units to eligible families, or another entity specified in
the approved application, shall use the proceeds, if any, from the
initial sale for costs of the homeownership program, including operating
expenses, improvements to the project, business opportunities for
low-income families, supportive services related to the homeownership
program, additional homeownership opportunities, and other activities
approved by the Secretary.
(d) Restrictions on resale by homeowners
(1) In general
(A) Transfer permitted
A homeowner under a homeownership program may transfer the
homeowner's ownership interest in, or shares representing, the unit,
except that a homeownership program may establish restrictions on the
resale of units under the program.
(B) Right to purchase
Where a resident management corporation, resident council, or
cooperative has jurisdiction over the unit, the corporation, council, or
cooperative shall have the right to purchase the ownership interest in,
or shares representing, the unit from the homeowner for the amount
specified in a firm contract between the homeowner and a prospective
buyer. If such an entity does not have jurisdiction over the unit or
elects not to purchase and if the prospective buyer is not a low-income
family, the public housing agency or the implementation grant recipient
shall have the right to purchase the ownership interest in, or shares
representing, the unit for the same amount.
(C) Promissory note required
The homeowner shall execute a promissory note equal to the difference
between the market value and the purchase price, payable to the public
housing agency or other entity designated in the homeownership plan,
together with a mortgage securing the obligation of the note.
(2) 6 years or less
In the case of a transfer within 6 years of the acquisition under the
program, the homeownership program shall provide for appropriate
restrictions to assure that an eligible family may not receive any undue
profit. The plan shall provide for limiting the family's consideration
for its interest in the property to the total of --
(A) the contribution to equity paid by the family;
(B) the value, as determined by such means as the Secretary shall
determine through regulation, of any improvements installed at the
expense of the family during the family's tenure as owner; and
(C) the appreciated value determined by an inflation allowance at a
rate which may be based on a cost-of-living index, an income index, or
market index as determined by the Secretary through regulation and
agreed to by the purchaser and the entity that transfers ownership
interests in, or shares representing, units to eligible families (or
another entity specified in the approved application), at the time of
initial sale, and applied against the contribution to equity.
Such an entity may, at the time of initial sale, enter into an
agreement with the family to set a maximum amount which this
appreciation may not exceed.
(3) 6-20 years
In the case of a transfer during the period beginning 6 years after
the acquisition and ending 20 years after the acquisition, the
homeownership program shall provide for the recapture by the Secretary
or the program of an amount equal to the amount of the declining balance
on the note described in paragraph (1)(C).
(4) Use of recaptured funds
Fifty percent of any portion of the net sales proceeds that may not
be retained by the homeowner under the plan approved pursuant to this
subsection shall be paid to the entity that transferred ownership
interests in, or shares representing, units to eligible families, or
another entity specified in the approved application, for use for
improvements to the project, business opportunities for low-income
families, supportive services related to the homeownership program,
additional homeownership opportunities, and other activities approved by
the Secretary. The remaining 50 percent shall be returned to the
Secretary for use under this part, subject to limitations contained in
appropriations Acts. Such entity shall keep and make available to the
Secretary all records necessary to calculate accurately payments due the
Secretary under this subsection.
(e) Third party rights
The requirements under this part regarding quality standards, resale,
or transfer of the ownership interest of a homeowner shall be judicially
enforceable against the grant recipient with respect to actions
involving rehabilitation, and against purchasers of property under this
subsection or their successors in interest with respect to other actions
by affected low-income families, resident management corporations,
resident councils, public housing agencies, and any agency, corporation,
or authority of the United States Government. The parties specified in
the preceding sentence shall be entitled to reasonable attorney fees
upon prevailing in any such judicial action.
(f) Dollar limitation on economic development activities
Not more than an aggregate of $250,000 from amounts made available
under sections 12872 and 12873 of this title may be used for economic
development activities under sections 12872(b)(6) and 12873(b)(9) of
this title for any project.
(g) Timely homeownership
Recipients shall transfer ownership of the property to tenants within
a specified period of time that the Secretary determines to be
reasonable. During the interim period when the property continues to be
operated and managed as rental housing, the recipient shall utilize
written tenant selection policies and criteria that are approved by the
Secretary as consistent with the purpose of improving housing
opportunities for low-income families. The recipient shall promptly
notify in writing any rejected applicant of the grounds for any
rejection.
(h) Records and audit of recipients of assistance
(1) In general
Each recipient shall keep such records as may be reasonably necessary
to fully disclose the amount and the disposition by such recipient of
the proceeds of assistance received under this part (and any proceeds
from financing obtained or sales under subsections (c) and (d) of this
section), the total cost of the homeownership program in connection with
which such assistance is given or used, and the amount and nature of
that portion of the program supplied by other sources, and such other
sources as will facilitate an effective audit.
(2) Access by Secretary
The Secretary shall have access for the purpose of audit and
examination to any books, documents, papers, and records of the
recipient that are pertinent to assistance received under this part.
(3) Access by Comptroller General
The Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall also have
access for the purpose of audit and examination to any books, documents,
papers, and records of the recipient that are pertinent to assistance
received under this part.
(i) Certain entities not eligible
Any entity that assumes, as determined by the Secretary, a mortgage
covering eligible property in connection with the acquisition of the
property from an owner under this section must comply with any
low-income affordability restrictions for the remaining term of the
mortgage. This requirement shall only apply to an entity, such as a
cooperative association, that, as determined by the Secretary, intends
to own the housing on a permanent basis.
(Pub. L. 101-625, title IV, 425, Nov. 28, 1990, 104 Stat. 4168.)
42 USC -- 12876. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) The term ''applicant'' means the following entities that may
represent the tenants of the housing:
(A) A resident management corporation established in accordance with
the requirements of the Secretary under section 1437r of this title.
(B) A resident council.
(C) A cooperative association.
(D) A public or private nonprofit organization.
(E) A public body (including an agency or instrumentality thereof).
(F) A public housing agency (including an Indian housing authority).
(2) The term ''eligible family'' means a family or individual --
(A) who is a tenant of the eligible property on the date the
Secretary approves an implementation grant; or
(B) whose income does not exceed 80 percent of the median income for
the area, as determined by the Secretary with adjustments for smaller
and larger families.
(3) The term ''eligible property'' means a multifamily rental
property, containing 5 or more units, that is --
(A) owned or held by the Secretary;
(B) financed by a loan or mortgage held by the Secretary or insured
by the Secretary;
(C) determined by the Secretary to have serious physical or financial
problems under the terms of an insurance or loan program administered by
the Secretary; or
(D) owned or held by the Secretary of Agriculture, the Resolution
Trust Corporation, or a State or local government.
(4) The term ''homeownership program'' means a program for
homeownership under this part.
(5) The term ''Indian housing authority'' has the meaning given such
term in section 1437a(b)(11) of this title.
(6) The term ''low-income family'' has the meaning given such term in
section 1437a(b)(2) of this title.
(7) The term ''public housing agency'' has the meaning given such
term in section 1437a(b)(6) of this title.
(8) The term ''recipient'' means an applicant approved to receive a
grant under this title /1/ or such other entity specified in the
approved application that will assume the obligations of the recipient
under this part.
(9) The term ''resident council'' means any incorporated nonprofit
organization or association that --
(A) is representative of the tenants of the housing;
(B) adopts written procedures providing for the election of officers
on a regular basis; and
(C) has a democratically elected governing board, elected by the
tenants of the housing.
(10) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(Pub. L. 101-625, title IV, 426, Nov. 28, 1990, 104 Stat. 4170.)
This title, referred to in par. (8), means title IV of Pub. L.
101-625, known as the Homeownership and Opportunity Through HOPE Act,
and probably should have been ''this subtitle'', meaning subtitle B (
421-431) of title IV of Pub. L. 101-625, which is classified
principally to this part. For complete classification of title IV of
Pub. L. 101-625 to the Code, see Short Title note set out under section
1437aaa of this title and Tables.
/1/ See References in Text note below.
42 USC -- 12877. Exemption
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Eligible property covered by a homeownership program approved under
this part shall not be subject to --
(1) the Low-Income Housing Preservation and Resident Homeownership
Act of 1990 (12 U.S.C. 4101 et seq.), or
(2) the requirements of section 1701z-11 of title 12 applicable to
the sale of projects either at foreclosure or after acquisition by the
Secretary.
(Pub. L. 101-625, title IV, 427, Nov. 28, 1990, 104 Stat. 4171.)
The Low-Income Housing Preservation and Resident Homeownership Act of
1990, referred to in par. (1), is title II of Pub. L. 100-242, as
amended by Pub. L. 101-625, title VI, 601(a), Nov. 28, 1990, 104
Stat. 4249, which is classified principally to chapter 42 ( 4101 et
seq.) of Title 12, Banks and Banking. For complete classification of
this Act to the Code, see Short Title note set out under section 4101 of
Title 12 and Tables.
42 USC -- 12878. Limitation on selection criteria
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In establishing criteria for selecting applicants to receive
assistance under this part, the Secretary may not establish any
selection criterion or criteria that grant or deny such assistance to an
applicant (or have the effect of granting or denying assistance) based
on the implementation, continuation, or discontinuation of any public
policy, regulation, or law of any jurisdiction in which the applicant or
project is located.
(Pub. L. 101-625, title IV, 428, Nov. 28, 1990, 104 Stat. 4171.)
42 USC -- 12879. Implementation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than the expiration of the 180-day period beginning on the
date that funds authorized under this part first become available for
obligation, the Secretary shall by notice establish such requirements as
may be necessary to carry out the provisions of this part. Such
requirements shall be subject to section 553 of title 5. The Secretary
shall issue regulations based on the initial notice before the
expiration of the 8-month period beginning on the date of the notice.
(Pub. L. 101-625, title IV, 430, Nov. 28, 1990, 104 Stat. 4172.)
42 USC -- 12880. Annual report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall annually submit to the Congress a report setting
forth --
(1) the number, type and cost of eligible properties transferred
pursuant to this part;
(2) the income, race, gender, children and other characteristics of
families participating (or not participating) in homeownership programs
funded under this part;
(3) the amount and type of financial assistance provided under and in
conjunction with this part;
(4) the amount of financial assistance provided under this part that
was needed to ensure continued affordability and meet future maintenance
and repair costs; and
(5) the recommendations of the Secretary for statutory and regulatory
improvements to the program.
(Pub. L. 101-625, title IV, 431, Nov. 28, 1990, 104 Stat. 4172.)
42 USC -- Part B -- HOPE for Homeownership of Single Family Homes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 12891. Program authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary is authorized to make --
(1) planning grants to help applicants develop homeownership programs
in accordance with this part; and
(2) implementation grants to enable applicants to carry out
homeownership programs in accordance with this part.
(b) Authorization of appropriations
There are authorized to be appropriated for grants under this part
$36,000,000 for fiscal year 1991, and $195,000,000 for fiscal year 1992.
Any amounts appropriated pursuant to this subsection shall remain
available until expended.
(Pub. L. 101-625, title IV, 441, Nov. 28, 1990, 104 Stat. 4172.)
42 USC -- 12892. Planning grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants
The Secretary is authorized to make planning grants to applicants for
the purpose of developing homeownership programs under this part. The
amount of a planning grant under this section may not exceed $200,000,
except that the Secretary may for good cause approve a grant in a higher
amount.
(b) Eligible activities
Planning grants may be used for activities to develop homeownership
programs (which may include programs for cooperative ownership),
including --
(1) identifying eligible properties;
(2) training and technical assistance of applicants related to the
development of a specific homeownership program;
(3) studies of the feasibility of specific homeownership programs;
(4) preliminary architectural and engineering work;
(5) homebuyer counseling and training;
(6) planning for economic development, job training, and
self-sufficiency activities that promote economic self-sufficiency for
homebuyers and homeowners under the homeownership program;
(7) development of security plans; and
(8) preparation of an application for an implementation grant under
this part.
(c) Application
(1) Form and procedures
An application for a planning grant shall be submitted by an
applicant in such form and in accordance with such procedures as the
Secretary shall establish.
(2) Minimum requirements
The Secretary shall require that an application contain at a minimum
--
(A) a request for a planning grant, specifying the activities
proposed to be carried out, the schedule for completing the activities,
the personnel necessary to complete the activities, and the amount of
the grant requested;
(B) a description of the applicant and a statement of its
qualifications;
(C) identification and description of the eligible properties likely
to be involved, and a description of the composition of the potential
homebuyers and residents of the areas in which such eligible properties
are located, including family size and income;
(D) a certification by the public official responsible for submitting
the comprehensive housing affordability strategy under section 12705 of
this title that the proposed activities are consistent with the approved
housing strategy of the State or unit of general local government within
which the project is located (or, during the first 12 months after
November 28, 1990, that the application is consistent with such other
existing State or local housing plan or strategy that the Secretary
shall determine to be appropriate); and
(E) a certification that the applicant will comply with the
requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.), title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and will
affirmatively further fair housing.
(d) Selection criteria
The Secretary shall, by regulation, establish selection criteria for
a national competition for assistance under this section, which shall
include --
(1) the qualifications or potential capabilities of the applicant;
(2) the extent of interest in the development of a homeownership
program;
(3) the potential of the applicant for developing a successful and
affordable homeownership program and the availability and suitability of
eligible properties in the applicable geographic area with respect to
the application;
(4) national geographic diversity among housing for which applicants
are selected to receive assistance; and
(5) such other factors that the Secretary shall require that (in the
determination of the Secretary) are appropriate for purposes of carrying
out the program established by this part in an effective and efficient
manner.
(Pub. L. 101-625, title IV, 442, Nov. 28, 1990, 104 Stat. 4172.)
The Fair Housing Act, referred to in subsec. (c)(2)(E), is title
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which
is classified principally to subchapter I ( 3601 et seq.) of chapter 45
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (c)(2)(E), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Act is classified generally to subchapter V ( 2000d et seq.) of
chapter 21 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 2000a of this title
and Tables.
The Age Discrimination Act of 1975, referred to in subsec.
(c)(2)(E), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.
728, as amended, which is classified generally to chapter 76 ( 6101 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of this title and
Tables.
42 USC -- 12893. Implementation grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants
The Secretary is authorized to make implementation grants to
applicants for the purpose of carrying out homeownership programs
approved under this part.
(b) Eligible activities
Implementation grants may be used for activities to carry out
homeownership programs (which may include programs for cooperative
ownership), including the following activities:
(1) Architectural and engineering work.
(2) Acquisition of the property for the purpose of transferring
ownership to eligible families in accordance with a homeownership
program meeting the requirements of this part.
(3) Rehabilitation of the property covered by the homeownership
program, in accordance with standards established by the Secretary.
(4) Administrative costs of the applicant, which may not exceed 15
percent of the amount of assistance provided under this section.
(5) Counseling and training of homebuyers and homeowners under the
homeownership program.
(6) Relocation of eligible families who elect to move.
(7) Any necessary temporary relocation of homebuyers during
rehabilitation.
(8) Legal fees.
(9) Defraying costs for the ongoing training needs of the recipient
that are related to developing and carrying out the homeownership
program.
(10) Economic development activities that promote economic
self-sufficiency of homebuyers and homeowners under the homeownership
program.
(c) Matching funding
(1) In general
Each recipient shall assure that contributions equal to not less than
33 percent of the grant amounts under this section are provided from
non-Federal sources to carry out the homeownership program.
(2) Form
Such contributions may be in the form of --
(A) cash contributions from non-Federal resources which may not
include funds from a grant made under section 5306(b) or section 5306(d)
of this title;
(B) payment of administrative expenses, as defined by the Secretary,
from non-Federal resources, including funds from a grant made under
section 5306(b) or section 5306(d) of this title;
(C) the value of taxes, fees, or other charges that are normally and
customarily imposed but are waived, foregone, or deferred in a manner
that facilitates the implementation of a homeownership program assisted
under this part;
(D) the value of investment in on-site and off-site infrastructure
required for a homeownership program assisted under this part; or
(E) such other in-kind contributions as the Secretary may approve.
Contributions for administrative expenses shall be recognized only up
to an amount equal to 7 percent of the total amount of grants made
available under this section.
(d) Application
(1) Form and procedure
An application for an implementation grant shall be submitted by an
applicant in such form and in accordance with such procedures as the
Secretary shall establish.
(2) Minimum requirements
The Secretary shall require that an application contain at a minimum
--
(A) a request for an implementation grant, specifying the amount of
the grant requested and its proposed uses;
(B) a description of the qualifications and experience of the
applicant in providing low-income housing;
(C) a description of the proposed homeownership program, consistent
with section 12894 of this title and the other requirements of this part
specifying the activities proposed to be carried out and their estimated
costs, identifying reasonable schedules for carrying it out, and
demonstrating that the program will comply with the affordability
requirements under section 12894(b) of this title;
(D) an identification and description of the properties to be
acquired under the homeownership program and a description of the
composition of potential eligible families, including family size and
income;
(E) a description of and commitment for the resources that are
expected to be made available to provide the matching funding required
under subsection (c) of this section and of other resources that are
expected to be made available in support of the homeownership program;
(F) identification and description of the financing proposed for any
(i) rehabilitation and (ii) acquisition (I) of the project, where
applicable, by an entity for transfer to eligible families, and (II) by
eligible families of ownership interests in, or shares representing,
units in the project;
(G) the proposed sales prices for the properties, the basis for such
price determinations, and terms to an entity, if any, that will purchase
that property for resale to eligible families;
(H) the proposed sales prices, if any, and terms to eligible
families;
(I) identification and description of the entity that will operate
and manage the property;
(J) a certification by the public official responsible for submitting
the comprehensive housing affordability strategy under section 12705 of
this title that the proposed activities are consistent with the approved
housing strategy of the State or unit of general local government within
which the project is located (or, during the first 12 months after
November 28, 1990, that the application is consistent with such other
existing State or local housing plan or strategy that the Secretary
shall determine to be appropriate); and
(K) a certification that the applicant will comply with the
requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.), title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and will
affirmatively further fair housing.
(e) Selection criteria
The Secretary shall establish selection criteria for assistance under
this part, which shall include --
(1) the ability of the applicant to develop and carry out the
proposed homeownership program, taking into account the qualifications
and experience of the applicant and the quality of any related ongoing
program of the applicant;
(2) the feasibility of the homeownership program;
(3) the quality and viability of the proposed homeownership program;
(4) the extent to which suitable eligible property is available for
use under the program in the area to be served, and the extent to which
the types of property expected to be covered by the proposed
homeownership program are federally owned;
(5) whether the approved comprehensive housing affordability strategy
for the jurisdiction within which the eligible property is located
includes the proposed homeownership program as one of the general
priorities identified pursuant to section 12705(b)(7) of this title;
(6) national geographic diversity among housing for which applicants
are selected to receive assistance; and
(7) the extent to which a sufficient supply of affordable rental
housing of the type assisted under this part exists in the locality, so
that the implementation of the homeownership program will not
appreciably reduce the number of such rental units available to
residents currently residing in such units or eligible for residency in
such units.
(f) Approval
The Secretary shall notify each applicant, not later than 6 months
after the date of the submission of the application, whether the
application is approved or not approved.
(Pub. L. 101-625, title IV, 443, Nov. 28, 1990, 104 Stat. 4174.)
The Fair Housing Act, referred to in subsec. (d)(2)(K), is title
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which
is classified principally to subchapter I ( 3601 et seq.) of chapter 45
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3601 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(2)(K), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Act is classified generally to subchapter V ( 2000d et seq.) of
chapter 21 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 2000a of this title
and Tables.
The Age Discrimination Act of 1975, referred to in subsec.
(d)(2)(K), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.
728, as amended, which is classified generally to chapter 76 ( 6101 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of this title and
Tables.
42 USC -- 12894. Homeownership program requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
A homeownership program under this part shall provide for acquisition
by eligible families of ownership interests in, or shares representing,
units in an eligible property under any arrangement determined by the
Secretary to be appropriate, such as cooperative ownership (including
limited equity cooperative ownership) and fee simple ownership
(including condominium ownership), for occupancy by the eligible
families.
(b) Affordability
A homeownership program under this part shall provide for the
establishment of sales prices (including principal, insurance, taxes,
and interest and closing costs) for initial acquisition of the property,
and for sales to eligible families, such that the eligible family shall
not be required to expend more than 30 percent of the adjusted income of
the family per month to complete a sale under the homeownership program.
(c) Eligible property
A property may not participate in a homeownership program under this
part unless all tenants or occupants of the property (at the time of /1/
the application for the implementation grant covering the property is
filed with the Secretary) participate in the homeownership program.
(d) Plan
A homeownership program under this part shall provide, and include a
plan, for --
(1) identifying and selecting eligible families to participate in the
homeownership program;
(2) providing relocation assistance to families who elect to move;
and
(3) ensuring continued affordability of the property to homebuyers
and homeowners.
(e) Housing quality standards
The application shall include a plan ensuring that the unit --
(1) will be free from any defects that pose a danger to health or
safety before transfer of an ownership interest in, or shares
representing, a unit to an eligible family; and
(2) will, not later than 2 years after the transfer to an eligible
family, meet minimum housing standards established by the Secretary for
the purpose of this title. /2/
(Pub. L. 101-625, title IV, 444, Nov. 28, 1990, 104 Stat. 4176.)
This title, referred to in subsec. (e)(2), is title IV of Pub. L.
101-625, Nov. 28, 1990, 104 Stat. 4148, known as the Homeownership and
Opportunity Through HOPE Act, which enacted this subchapter and
subchapter II-A ( 1437aaa et seq.) of chapter 8 of this title, amended
sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and
section 1709 of Title 12, Banks and Banking, and enacted provisions set
out as notes under sections 1437c, 1437aa, and 1437aaa of this title.
For complete classification of title IV to the Code, see Short Title
note set out under section 1437aaa of this title and Tables.
/1/ So in original. The word ''of'' probably should not appear.
/2/ So in original. See References in Text note below.
42 USC -- 12895. Other program requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Cost limitations
The Secretary may establish cost limitations on eligible activities
under this part, subject to the provisions of this part.
(b) Use of proceeds from sales to eligible families
Any entity that transfers ownership interests in, or shares
representing, units to eligible families, or another entity specified in
the approved application, may use the proceeds, if any, from the initial
sale for costs of the homeownership program, including operating
expenses, improvements to the project, business opportunities for
low-income families, supportive services related to the homeownership
program, additional homeownership opportunities, and other activities
approved by the Secretary.
(c) Restrictions on resale by homeowners
(1) In general
(A) Transfer permitted
A homeowner under a homeownership program may transfer the
homeowner's ownership interest in, or shares representing, the unit,
except that a homeownership program may establish restrictions on the
resale of units under the program.
(B) Right to purchase
Where a resident management corporation, resident council, or
cooperative has jurisdiction over the unit, the corporation, council, or
cooperative shall have the right to purchase the ownership interest in,
or shares representing, the unit from the homeowner for the amount
specified in a firm contract between the homeowner and a prospective
buyer. If such an entity does not have jurisdiction over the unit or
elects not to purchase and if the prospective buyer is not a low-income
family, the public housing agency or the implementation grant recipient
shall have the right to purchase the ownership interest in, or shares
representing, the unit for the same amount.
(C) Promissory note required
The homeowner shall execute a promissory note equal to the difference
between the market value and the purchase price, payable to the public
housing agency or other entity designated in the homeownership plan,
together with a mortgage securing the obligation of the note.
(2) 6 years or less
In the case of a transfer within 6 years of the acquisition under the
program, the homeownership program shall provide for appropriate
restrictions to assure that an eligible family may not receive any undue
profit. The plan shall provide for limiting the family's consideration
for its interest in the property to the total of --
(A) the contribution to equity paid by the family;
(B) the value, as determined by such means as the Secretary shall
determine through regulation, of any improvements installed at the
expense of the family during the family's tenure as owner; and
(C) the appreciated value determined by an inflation allowance at a
rate which may be based on a cost-of-living index, an income index, or
market index as determined by the Secretary through regulation and
agreed to by the purchaser and the entity that transfers ownership
interests in, or shares representing, units to eligible families (or
another entity specified in the approved application), at the time of
initial sale, and applied against the contribution to equity.
Such an entity may, at the time of initial sale, enter into an
agreement with the family to set a maximum amount which this
appreciation may not exceed.
(3) 6-20 years
In the case of a transfer during the period beginning 6 years after
the acquisition and ending 20 years after the acquisition, the
homeownership program shall provide for the recapture by the Secretary
or the program of an amount equal to the amount of the declining balance
on the note described in paragraph (1)(C).
(4) Use of recaptured funds
Fifty percent of any portion of the net sales proceeds that may not
be retained by the homeowner under the plan approved pursuant to this
subsection shall be paid to the entity that transferred ownership
interests in, or shares representing, units to eligible families, or
another entity specified in the approved application, for use for
improvements to the project, business opportunities for low-income
families, supportive services related to the homeownership program,
additional homeownership opportunities, and other activities approved by
the Secretary. The remaining 50 percent shall be returned to the
Secretary for use under this part, subject to limitations contained in
appropriations Acts. Such entity shall keep and make available to the
Secretary all records necessary to calculate accurately payments due the
Secretary under this subsection.
(d) Third party rights
The requirements under this part regarding quality standards, resale,
or transfer of the ownership interest of a homeowner shall be judicially
enforceable against the grant recipient with respect to actions
involving rehabilitation, and against purchasers of property under this
subsection or their successors in interest with respect to other actions
by affected low-income families, resident management corporations,
resident councils, public housing agencies, and any agency, corporation,
or authority of the United States Government. The parties specified in
the preceding sentence shall be entitled to reasonable attorney fees
upon prevailing in any such judicial action.
(e) Protection of nonpurchasing families
No tenant residing in a dwelling unit in a property on the date the
Secretary approves an application for an implementation grant may be
evicted by reason of a homeownership program approved under this part.
(h) /1/ Records and audit of recipients of assistance
(1) In general
Each recipient shall keep such records as may be reasonably necessary
to fully disclose the amount and the disposition by such recipient of
the proceeds of assistance received under this part (and any proceeds
from financing obtained or sales under subsections (b) and (c) of this
section), the total cost of the homeownership program in connection with
which such assistance is given or used, and the amount and nature of
that portion of the program supplied by other sources, and such other
sources as will facilitate an effective audit.
(2) Access by Secretary
The Secretary shall have access for the purpose of audit and
examination to any books, documents, papers, and records of the
recipient that are pertinent to assistance received under this part.
(3) Access by Comptroller General
The Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall also have
access for the purpose of audit and examination to any books, documents,
papers, and records of the recipient that are pertinent to assistance
received under this part.
(Pub. L. 101-625, title IV, 445, Nov. 28, 1990, 104 Stat. 4177.)
/1/ So in original. Probably should be ''(f)''.
42 USC -- 12896. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) The term ''applicant'' means a private nonprofit organization,
cooperative association, or a public agency (including an agency or
instrumentality thereof) in cooperation with a private nonprofit
organization.
(2) The term ''displaced homemaker'' has the same meaning as in
section 12704 of this title.
(3) The term ''eligible family'' means a family or individual who --
(A) has an income that does not exceed 80 percent of the median
income for the area, as determined by the Secretary with adjustments for
smaller and larger families; and
(B) is a first-time homebuyer.
(4) The term ''eligible property'' means a single family property,
containing no more than four units, that is owned or held by the
Secretary, the Secretary of Veterans Affairs, the Secretary of
Agriculture, the Resolution Trust Corporation, a State or local
government (including any in rem property), or a public housing agency
or an Indian housing authority (including scattered site single family
properties, and properties held by institutions within the jurisdiction
of the Resolution Trust Corporation).
(5) The term ''first-time homebuyer'' has the same meaning as in
section 12704 of this title.
(6) The term ''homeownership program'' means a program for
homeownership under this part.
(7) The term ''Indian housing authority'' has the meaning given such
term in section 1437a(b)(11) of this title.
(8) The term ''low-income family'' has the meaning given such term in
section 1437a(b)(2) of this title.
(9) The term ''public housing agency'' has the meaning given such
term in section 1437a(b)(6) of this title.
(10) The term ''recipient'' means an applicant approved to receive a
grant under this part or such other entity specified in the approved
application that will assume the obligations of the recipient under this
part.
(11) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(12) The term ''single parent'' means an individual who --
(A) is unmarried or legally separated from a spouse; and
(B)(i) has 1 or more minor children for whom the individual has
custody or joint custody; or
(ii) is pregnant.
(Pub. L. 101-625, title IV, 446, Nov. 28, 1990, 104 Stat. 4179.)
42 USC -- 12897. Limitation on selection criteria
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In establishing criteria for selecting applicants to receive
assistance under this part, the Secretary may not establish any
selection criterion or criteria that grant or deny such assistance to an
applicant (or have the effect of granting or denying assistance) based
on the implementation, continuation, or discontinuation of any public
policy, regulation, or law of any jurisdiction in which the applicant or
project is located.
(Pub. L. 101-625, title IV, 447, Nov. 28, 1990, 104 Stat. 4180.)
42 USC -- 12898. Implementation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than the expiration of the 180-day period beginning on the
date funds authorized under this part first become available for
obligation, the Secretary shall by notice establish such requirements as
may be necessary to carry out the provisions of this part. Such
requirements shall be subject to section 553 of title 5. The Secretary
shall issue regulations based on the initial notice before the
expiration of the 8-month period beginning on the date of the notice.
(Pub. L. 101-625, title IV, 448, Nov. 28, 1990, 104 Stat. 4180.)
42 USC -- CHAPTER 131 -- HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
12901. Purpose.
12902. Definitions.
12903. General authority.
(a) Grants authorized.
(b) Eligibility.
(c) Allocation of resources.
(d) Applications.
(e) Additional requirement for metropolitan areas.
12904. Eligible activities.
12905. Responsibilities of grantees.
(a) Prohibition of substitution of funds.
(b) Capability.
(c) Cooperation.
(d) No fee.
(e) Confidentiality.
(f) Financial records.
12906. Grants for AIDS housing information and coordination
services.
12907. AIDS short-term supported housing and services.
(a) Use of grants.
(b) Program requirements.
12908. Short-term rental assistance.
(a) Use of funds.
(b) Limitations.
12909. Single room occupancy dwellings.
(a) Use of grants.
(b) Limitation.
12910. Grants for community residences and services.
(a) Grant authority.
(b) Community residences and services.
(c) Use of grants.
(d) Limitations on use of grants.
12911. Report.
12912. Authorization of appropriations.
42 USC -- 12901. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of this chapter /1/ is to provide States and localities
with the resources and incentives to devise long-term comprehensive
strategies for meeting the housing needs of persons with acquired
immunodeficiency syndrome.
(Pub. L. 101-625, title VIII, 852, Nov. 28, 1990, 104 Stat. 4375.)
This chapter, referred to in text, was in the original ''this
title'', and was translated as reading ''this subtitle'', meaning
subtitle D ( 851-863) of title VIII of Pub. L. 101-625, to reflect the
probable intent of Congress.
Section 851 of Pub. L. 101-625 provided that: ''This subtitle
(subtitle D ( 851-863) of title VIII of Pub. L. 101-625, enacting this
chapter) may be cited as the 'AIDS Housing Opportunity Act'.''
/1/ See References in Text note below.
42 USC -- 12902. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this chapter:
(1) The term ''acquired immunodeficiency syndrome and related
diseases'' means the disease of acquired immunodeficiency syndrome or
any conditions arising from the etiologic agent for acquired
immunodeficiency syndrome.
(2) The term ''applicant'' means a State, a unit of general local
government, or a nonprofit sponsor receiving assistance from a grantee.
(3) The term ''low-income individual'' means any individual or family
whose incomes do not exceed 80 percent of the median income for the
area, as determined by the Secretary of Housing and Urban Development,
with adjustments for smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 80 percent
of the median income for the area if the Secretary finds that such
variations are necessary because of prevailing levels of construction
costs or unusually high or low family incomes.
(4) The term ''grantee'' means a State or unit of general local
government receiving grants from the Secretary under this chapter.
(5) The term ''metropolitan area'' means a metropolitan statistical
area as established by the Office of Management and Budget. Such term
includes the District of Columbia.
(6) The term ''locality'' means the geographical area within the
jurisdiction of a local government.
(7) The term ''recipient'' means a grantee or other applicant
receiving funds under this chapter. /1/
(8) The term ''Secretary'' means the Secretary of Housing and Urban
Development.
(9) The term ''State'' means a State of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico, or any agency
or instrumentality thereof that is established pursuant to legislation
and designated by the chief executive to act on behalf of the
jurisdiction with regard to provisions of this chapter.
(10) The term ''unit of general local government'' has the same
meaning as in section 12704 of this title.
(Pub. L. 101-625, title VIII, 853, Nov. 28, 1990, 104 Stat. 4375.)
This chapter, referred to in par. (7), was in the original ''this
title'', and was translated as reading ''this subtitle'', meaning
subtitle D ( 851-863) of title VIII of Pub. L. 101-625, to reflect the
probable intent of Congress.
/1/ See References in Text note below.
42 USC -- 12903. General authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants authorized
The Secretary shall, to the extent of amounts approved in
appropriations Acts under section 12912 of this title, make grants to
States and units of general local government.
(b) Eligibility
A jurisdiction shall be eligible to receive a grant only if it has
obtained an approved housing strategy (or an approved abbreviated
housing strategy) in accordance with section 12705 of this title. A
grantee shall carry out activities authorized under this chapter through
contracts with project sponsors, except that a grantee that is a State
shall obtain the approval of the unit of general local government for
the locality in which a project is to be located prior to entering into
such contracts.
(c) Allocation of resources
(1) In general
90 percent of the amounts approved in appropriations Acts under
section 12912 of this title shall be allocated among eligible grantees
on the basis of the incidence of acquired immunodeficiency syndrome. Of
the amounts made available under the previous sentence, the Secretary
shall allocate --
(A) 75 percent among units of general local government located in
metropolitan statistical areas with populations in excess of 500,000 and
more than 1,500 cases of acquired immunodeficiency syndrome and States
with more than 1,500 cases of acquired immunodeficiency syndrome outside
of metropolitan statistical areas described in subparagraph (A), and
(B) 25 percent among units of general local government in
metropolitan statistical areas with populations in excess of 500,000 and
more than 1,500 cases of acquired immunodeficiency syndrome, that have a
higher than average per capita incidence of acquired immunodeficiency
syndrome.
(2) Minimum grant
Subject only to the availability of amounts pursuant to
appropriations Acts under section 12912 of this title, for each fiscal
year each eligible grantee under paragraph (1) shall receive funding
according to its proportionate share of the total, except that each
entity shall receive a minimum allocation of $200,000 from subparagraphs
(A) and (B) of paragraph (1) combined, and any increase this entails
from the formula amount will be deducted from all other allocations
exceeding $200,000 on a pro rata basis. If allocation under
subparagraph (A) of paragraph (1) would allocate less than $200,000 for
any State, the allocation for such State shall be $200,000 and the
amount of the increase under this sentence shall be deducted on a pro
rata basis from the allocations of the other States, except that a
reduction under this subparagraph may not reduce the amount allocated to
any eligible entity to less than $200,000.
(3) Noneligible grantees
(A) In general
10 percent of the amounts appropriated under section 12912 of this
title shall be distributed to grantees and recipients by the Secretary
--
(i) to meet housing needs in States and localities that do not
qualify under paragraph (1), or that do qualify under paragraph (1) but
do not have an approved housing strategy under section 12705 of this
title, and
(ii) to fund special projects of national significance.
(B) Selection
In selecting projects under this paragraph, the Secretary shall
consider (i) relative numbers of acquired immunodeficiency syndrome
cases and per capita acquired immunodeficiency syndrome incidence; (ii)
housing needs of persons with acquired immunodeficiency syndrome in the
community; (iii) extent of local planning and coordination of housing
programs for persons with acquired immunodeficiency syndrome; and (iv)
the likelihood of the continuation of State and local efforts.
(C) National significance projects
For the purpose of subparagraph (A)(ii), in selecting projects of
national significance the Secretary shall consider (i) the need to
assess the effectiveness of a particular model for providing supportive
housing for persons with acquired immunodeficiency syndrome; (ii) the
innovative nature of the proposed activity; and (iii) the potential
replicability of the proposed activity in other similar localities or
nationally.
(d) Applications
Funds made available under this section shall be allocated among
approvable applications submitted by eligible applicants. Applications
for assistance under this section shall be submitted by an applicant in
such form and in accordance with such procedures as the Secretary shall
establish. Such applications shall contain --
(1) a description of the proposed activities;
(2) a description of the size and characteristics of the population
that would be served by the proposed activities;
(3) a description of the public and private resources that are
expected to be made available in connection with the proposed
activities;
(4) assurances satisfactory to the Secretary that any property
purchased, leased, rehabilitated, renovated, or converted with
assistance under this section shall be operated for not less than 10
years for the purpose specified in the application, except as otherwise
specified in this chapter;
(5) evidence in a form acceptable to the Secretary that the proposed
activities will meet urgent needs that are not being met by available
public and private sources; and
(6) such other information or certifications that the Secretary
determines to be necessary to achieve the purposes of this section.
(e) Additional requirement for metropolitan areas
In addition to the requirements of subsection (b) of this section, to
be eligible for a grant to a metropolitan area under this section, the
major city, urban county, and any city with a population of 50,000 or
more in that metropolitan area shall establish or designate a
governmental agency or organization for receipt and use of amounts
received from a grant under this section and shall submit to the
Secretary, together with the application under subsection (d) of this
section a proposal for the operation of such agency or organization.
(Pub. L. 101-625, title VIII, 854, Nov. 28, 1990, 104 Stat. 4376.)
42 USC -- 12904. Eligible activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Grants allocated under this chapter shall be available only for
approved activities to carry out strategies designed to prevent
homelessness among such persons with acquired immunodeficiency syndrome.
Approved activities shall include activities that --
(1) enable public and nonprofit organizations or agencies to provide
housing information to such persons and coordinate efforts to expand
housing assistance resources for such persons under section 12906 of
this title;
(2) facilitate the development and operation of shelter and services
for such persons under section 12907 of this title;
(3) provide short-term rental assistance to such persons under
section 12908 of this title;
(4) facilitate (through project-based rental assistance or other
means) the moderate rehabilitation of single room occupancy dwellings
(SROs) that would be made available only to such persons under section
12909 of this title;
(5) facilitate the development of community residences for eligible
persons with acquired immunodeficiency syndrome under section 12910 of
this title;
(6) carry out other activities that the Secretary develops in
cooperation with eligible States and localities.
The Secretary shall establish standards and guidelines for approved
activities. The Secretary shall permit grantees to refine and adapt
such standards and guidelines for individual projects, where such
refinements and adaptations are made necessary by local circumstances.
(Pub. L. 101-625, title VIII, 855, Nov. 28, 1990, 104 Stat. 4378.)
42 USC -- 12905. Responsibilities of grantees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Prohibition of substitution of funds
Amounts received from grants under this chapter may not be used to
replace other amounts made available or designated by State or local
governments for use for the purposes under this chapter.
(b) Capability
The recipient shall have, in the determination of the grantee or the
Secretary, the capacity and capability to effectively administer a grant
under this chapter.
(c) Cooperation
The recipient shall agree to cooperate and coordinate in providing
assistance under this chapter with the agencies of the relevant State
and local governments responsible for services in the area served by the
applicant for individuals with acquired immunodeficiency syndrome or
related diseases and other public and private organizations and agencies
providing services for such individuals.
(d) No fee
The recipient shall agree that no fee will be charged of any
low-income individual for any services provided with amounts from a
grant under this chapter and that if fees are charged of any other
individuals, the fees will be based on the income and resources of the
individual.
(e) Confidentiality
The recipient shall agree to ensure the confidentiality of the name
of any individual assisted with amounts from a grant under this chapter
and any other information regarding individuals receiving such
assistance.
(f) Financial records
The recipient shall agree to maintain and provide the grantee or the
Secretary with financial records sufficient, in the determination of the
Secretary, to ensure proper accounting and disbursing of amounts
received from a grant under this chapter.
(Pub. L. 101-625, title VIII, 856, Nov. 28, 1990, 104 Stat. 4378.)
42 USC -- 12906. Grants for AIDS housing information and coordination
services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Grants under this section may only be used for the following
activities:
(1) Housing information services
To provide (or contract to provide) counseling, information, and
referral services to assist individuals with acquired immunodeficiency
syndrome or related diseases to locate, acquire, finance, and maintain
housing and meet their housing needs.
(2) Resource identification
To identify, coordinate, and develop housing assistance resources
(including conducting preliminary research and making expenditures
necessary to determine the feasibility of specific housing-related
initiatives) for individuals with acquired immunodeficiency syndrome or
related diseases.
(Pub. L. 101-625, title VIII, 857, Nov. 28, 1990, 104 Stat. 4379.)
42 USC -- 12907. AIDS short-term supported housing and services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Use of grants
Any amounts received from grants under this section may only be used
to carry out a program to provide (or contract to provide) assistance to
individuals with acquired immunodeficiency syndrome or related diseases
who are homeless or in need of housing assistance to prevent
homelessness, which may include the following activities:
(1) Short-term supported housing
Purchasing, leasing, renovating, repairing, and converting facilities
to provide short-term shelter and services.
(2) Short-term housing payments assistance
Providing rent assistance payments for short-term supported housing
and rent, mortgage, and utilities payments to prevent homelessness of
the tenant or mortgagor of a dwelling.
(3) Supportive services
Providing supportive services, to individuals assisted under
paragraphs (1) and (2), including health, mental health, assessment,
permanent housing placement, drug and alcohol abuse treatment and
counseling, day care, and nutritional services.
(4) Maintenance and administration
Providing for maintenance, administration, security, operation,
insurance, utilities, furnishings, equipment, supplies, and other
incidental costs relating to any short-term supported housing provided
under the demonstration program under this section.
(5) Technical assistance
Providing technical assistance to such individuals to provide
assistance in gaining access to benefits and services for homeless
individuals provided by the Federal Government and State and local
governments.
(b) Program requirements
(1) Minimum use period for structures
(A) In general
Any building or structure assisted with amounts from a grant under
this section shall be maintained as a facility to provide short-term
supported housing or assistance for individuals with acquired
immunodeficiency syndrome or related diseases --
(i) in the case of assistance involving substantial rehabilitation or
acquisition of the building, for a period of not less than 10 years;
and
(ii) in the case of assistance under paragraph (1), (3), or (4) of
subsection (a) of this section, for a period of not less than 3 years.
(B) Waiver
The Secretary may waive the requirement under subparagraph (A) with
respect to any building or structure if the organization or agency that
received the grant under which the building was assisted demonstrates,
to the satisfaction of the Secretary, that --
(i) the structure is no longer needed to provide short-term supported
housing or assistance or the continued operation of the structure for
such purposes is no longer feasible; and
(ii) the structure will be used to benefit individuals or families
whose incomes do not exceed 80 percent of the median income for the
area, as determined by the Secretary, with adjustments for smaller and
larger families, except that the Secretary may establish income ceilings
higher or lower than 80 percent of the median income for the area if the
Secretary finds that such variations are necessary because of prevailing
levels of construction costs or unusually high or low family incomes.
(2) Residency and location limitations on short-term supported
housing
(A) Residency
A short-term supported housing facility assisted with amounts from a
grant under this section may not provide shelter or housing at any
single time for more than 50 families or individuals.
(B) Location
A facility for short-term supported housing assisted with amounts
from a grant under this section may not be located in or contiguous to
any other facility for emergency or short-term housing that is not
limited to use by individuals with acquired immunodeficiency syndrome or
related diseases.
(C) Waiver
The Secretary may, as the Secretary determines appropriate, waive the
limitations under subparagraphs (A) and (B) for any program or
short-term supported housing facility.
(3) Term of assistance
(A) Supported housing assistance
A program assisted under this section may not provide residence in a
short-term housing facility assisted under this section to any
individual for a sum of more than 60 days during any 6-month period.
(B) Housing payments assistance
A program assisted under this section may not provide assistance for
rent, mortgage, or utilities payments to any individual for rent,
mortgage, or utilities costs accruing over a period of more than 21
weeks of any 52-week period.
(4) Placement
A program assisted under this section shall provide for any
individual who has remained in short-term supported housing assisted
under the demonstration program, to the maximum extent practicable, the
opportunity for placement in permanent housing or an environment
appropriate to the health and social needs of the individual.
(5) Presumption for independent living
In providing assistance under this section in any case in which the
residence of an individual is appropriate to the needs of the
individual, a program assisted under this section shall, when
reasonable, provide for assistance in a manner appropriate to maintain
the individual in such residence.
(6) Case management services
A program assisted under this section shall provide each individual
assisted under the program with an opportunity, if eligible, to receive
case management services available from the appropriate social service
agencies.
(Pub. L. 101-625, title VIII, 858, Nov. 28, 1990, 104 Stat. 4379.)
42 USC -- 12908. Short-term rental assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Use of funds
(1) In general
Grants under this section may be used only for assistance to provide
short-term rental assistance for low-income individuals with acquired
immunodeficiency syndrome or related diseases. Such assistance may be
project based or tenant based and shall be provided to the extent
practicable in the manner provided for under section 1437f of this
title. Grantees shall ensure that the housing provided is decent, safe,
and sanitary.
(2) Shared housing arrangements
Grants under this section may be used to assist individuals who elect
to reside in shared housing arrangements in the manner provided under
section 1437f(p) of this title, except that, notwithstanding such
section, assistance under this section may be made available to
nonelderly individuals. The Secretary shall issue any standards for
shared housing under this paragraph that vary from standards issued
under section 1437f(p) of this title only to the extent necessary to
provide for circumstances of shared housing arrangements under this
paragraph that differ from circumstances of shared housing arrangements
for elderly families under section 1437f(p) of this title.
(b) Limitations
A recipient under this section shall comply with the following
requirements:
(1) Services
The recipient shall provide for qualified service providers in the
area to provide appropriate services to the individuals assisted under
this section.
(2) Intensive assistance
For any individual who requires more care than can be provided in
housing assisted under this section, the recipient shall provide for the
locating of a care provider who can appropriately care for the
individual and referral of the individual to the care provider.
(Pub. L. 101-625, title VIII, 859, Nov. 28, 1990, 104 Stat. 4381.)
42 USC -- 12909. Single room occupancy dwellings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Use of grants
Grants under this section may be used to provide project-based rental
assistance or grants to facilitate the development of single room
occupancy dwellings. To the extent practicable, a program under this
section shall be carried out in the manner provided for under section
1437f(n) of this title.
(b) Limitation
Recipients under this section shall require the provision to
individuals assisted under this section of the following assistance:
(1) Services
Appropriate services provided by qualified service providers in the
area.
(2) Intensive assistance
For any individual who requires more care than can be provided in
housing assisted under this section, locating a care provider who can
appropriately care for the individual and referral of the individual to
the care provider.
(Pub. L. 101-625, title VIII, 860, Nov. 28, 1990, 104 Stat. 4381.)
42 USC -- 12910. Grants for community residences and services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grant authority
The Secretary of Housing and Urban Development may make grants to
States and metropolitan areas to develop and operate community
residences and provide services for persons with acquired
immunodeficiency syndrome or related diseases.
(b) Community residences and services
(1) Community residences
(A) In general
A community residence under this section shall be a multiunit
residence designed for individuals with acquired immunodeficiency
syndrome or related diseases for the following purposes:
(i) To provide a lower cost residential alternative to institutional
care and to prevent or delay the need for institutional care.
(ii) To provide a permanent or transitional residential setting with
appropriate services that enhances the quality of life for individuals
who are unable to live independently.
(iii) To prevent homelessness among individuals with acquired
immunodeficiency syndrome or related diseases by increasing available
suitable housing resources.
(iv) To integrate individuals with acquired immunodeficiency syndrome
or related diseases into local communities and provide services to
maintain the abilities of such individuals to participate as fully as
possible in community life.
(B) Rent
Except to the extent that the costs of providing residence are
reimbursed or provided by any other assistance from Federal or
non-Federal public sources, each resident in a community residence shall
pay as rent for a dwelling unit an amount equal to the following:
(i) For low-income individuals, the amount of rent paid under section
3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) by a
low-income family (as the term is defined in section 3(b)(2) of such Act
(42 U.S.C. 1437a(b)(2))) for a dwelling unit assisted under such Act (42
U.S.C. 1437 et seq.).
(ii) For any resident that is not a low-income resident, an amount
based on a formula, which shall be determined by the Secretary, under
which rent is determined by the income and resources of the resident.
(C) Fees
Fees may be charged for any services provided under subsection (c)(2)
of this section to residents of a community residence, except that any
fees charged shall be based on the income and resources of the resident
and the provision of services to any resident of a community residence
may not be withheld because of an inability of the resident to pay such
fee.
(D) Section 1437f assistance
Assistance made available under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) may be used in conjunction with a
community residence under this subsection for tenant-based certificates
or vouchers.
(2) Services
Services provided with a grant under this section shall consist of
services appropriate in assisting individuals with acquired
immunodeficiency syndrome and related diseases to enhance their quality
of life, enable such individuals to more fully participate in community
life, and delay or prevent the placement of such individuals in
hospitals or other institutions.
(c) Use of grants
Any amounts received from a grant under this section may be used only
as follows:
(1) Community residences
For providing assistance in connection with community residences
under subsection (b)(1) of this section for the following activities:
(A) Physical improvements
Construction, acquisition, rehabilitation, conversion, retrofitting,
and other physical improvements necessary to make a structure suitable
for use as a community residence.
(B) Operating costs
Operating costs for a community residence.
(C) Technical assistance
Technical assistance in establishing and operating a community
residence, which may include planning and other predevelopment or
preconstruction expenses.
(D) In-house services
Services appropriate for individuals residing in a community
residence, which may include staff training and recruitment.
(2) Services
For providing services under subsection (b)(2) of this section to any
individuals assisted under this chapter.
(3) Administrative expenses
For administrative expenses related to the planning and execution of
activities under this section, except that a jurisdiction that receives
a grant under this section may expend not more than 10 percent of the
amount received under the grant for such administrative expenses.
Administrative expenses under this paragraph may include expenses
relating to community outreach and educational activities regarding
acquired immunodeficiency syndrome and related diseases, for staff
carrying out activities assisted with a grant under this section and for
individuals who reside in proximity of individuals assisted under this
chapter.
(d) Limitations on use of grants
(1) Community residences
Any jurisdiction that receives a grant under this section may not use
any amounts received under the grant for the purposes under subsection
(c)(1) of this section, except for planning and other expenses
preliminary to construction or other physical improvement under
subsection (c)(1)(A) of this section, unless the jurisdiction certifies
to the Secretary, as the Secretary shall require, the following:
(A) Service agreement
That the jurisdiction has entered into a written agreement with
service providers qualified to deliver any services included in the
proposal under subsection (c) of this section to provide such services
to individuals assisted by the community residence.
(B) Funding and capability
That the jurisdiction will have sufficient funding for such services
and the service providers are qualified to assist individuals with
acquired immunodeficiency syndrome and related diseases.
(C) Zoning and building codes
That any construction or physical improvements carried out with
amounts received from the grant will comply with any applicable State
and local housing codes and licensing requirements in the jurisdiction
in which the building or structure is located.
(D) Intensive assistance
That, for any individual who resides in a community residence
assisted under the grant and who requires more intensive care than can
be provided by the community residence, the jurisdiction will locate for
and refer the individual to a service provider who can appropriately
care for the individual.
(2) Services
Any jurisdiction that receives a grant under this section may use any
amounts received under the grant for the purposes under subsection
(c)(2) of this section only for the provision of services by service
providers qualified to provide such services to individuals with
acquired immunodeficiency syndrome and related diseases.
(Pub. L. 101-625, title VIII, 861, Nov. 28, 1990, 104 Stat. 4382.)
The United States Housing Act of 1937, referred to in subsec.
(b)(1)(B)(i), is act Sept. 1, 1937, ch. 896, as revised generally by
Pub. L. 93-383, title II, 201(a), Aug. 22, 1974, 88 Stat. 653, and
amended, which is classified generally to chapter 8 ( 1437 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1437 of this title and Tables.
42 USC -- 12911. Report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Any organization or agency that receives a grant under this chapter
shall submit to the Secretary, for any fiscal year in which the
organization or agency receives a grant under this chapter, a report
describing the use of the amounts received, which shall include the
number of individuals assisted, the types of assistance provided, and
any other information that the Secretary determines to be appropriate.
(Pub. L. 101-625, title VIII, 862, Nov. 28, 1990, 104 Stat. 4384.)
42 USC -- 12912. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated to carry out this chapter
$75,000,000 for fiscal year 1991, and $156,500,000 for fiscal year 1992.
(Pub. L. 101-625, title VIII, 863, Nov. 28, 1990, 104 Stat. 4384.)
42 USC -- CHAPTER 132 -- VICTIMS OF CHILD ABUSE
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
13001. Findings.
13002. Authority of Director to make grants.
(a) In general.
(b) Grant criteria.
(c) Distribution of grants.
13003. Grants for specialized technical assistance and training
programs.
(a) In general.
(b) Grantee organizations.
(c) Grant criteria.
13004. Authorization of appropriations.
(a) In general.
(b) Use of funds.
13011. Findings.
13012. Purpose.
13013. Strengthening of court-appointed special advocate program.
(a) In general.
(b) Grantee organizations.
(c) Grant criteria.
13014. Authorization of appropriations.
(a) Authorization.
(b) Limitation.
13021. Findings and purpose.
(a) Findings.
(b) Purpose.
13022. Grants for juvenile and family court personnel.
13023. Specialized technical assistance and training programs.
(a) Grants to develop model programs.
(b) Grants to juvenile and family courts.
(c) Grant criteria.
13024. Authorization of appropriations.
(a) In general.
(b) Use of funds.
(c) Limitation.
13031. Child abuse reporting.
(a) In general.
(b) Covered professionals.
(c) Definitions.
(d) Agency designated to receive report and action to be taken.
(e) Reporting form.
(f) Immunity for good faith reporting and associated actions.
(g) Omitted.
(h) Training of prospective reporters.
13041. Requirement for background checks.
(a) In general.
(b) Criminal history check.
(c) Applicable criminal histories.
(d) Employment applications.
(e) Encouragement of voluntary criminal history checks for others who
may have contact with children.
13051. Authority to make grants.
13052. Administrative requirements.
13053. Priority.
13054. Authorization of appropriations.
(a) Authorization.
(b) Condition on authorization.
(c) Use of appropriations.
13055. Definitions.
42 USC -- SUBCHAPTER I -- IMPROVING INVESTIGATION AND PROSECUTION OF
CHILD ABUSE CASES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 13001. Findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Congress finds that --
(1) over 2,000,000 reports of suspected child abuse and neglect are
made each year, and drug abuse is associated with a significant portion
of these;
(2) the investigation and prosecution of child abuse cases is
extremely complex, involving numerous agencies and dozens of personnel;
(3) in such cases, too often the system does not pay sufficient
attention to the needs and welfare of the child victim, aggravating the
trauma that the child victim has already experienced;
(4) multidisciplinary child abuse investigation and prosecution
programs have been developed that increase the reporting of child abuse
cases, reduce the trauma to the child victim, and increase the
successful prosecution of child abuse offenders; and
(5) such programs have proven effective, and with targeted Federal
assistance, could be duplicated in many jurisdictions throughout the
country.
(Pub. L. 101-647, title II, 211, Nov. 29, 1990, 104 Stat. 4792.)
Section 201 of title II of Pub. L. 101-647 provided that: ''This
title (enacting this chapter, sections 3796aa to 3796aa-8 of this title,
and sections 403, 2258, and 3509 of Title 18, Crimes and Criminal
Procedure, and amending sections 3742, 3782, 3783, 3789, 3793, and 3797
of this title) may be cited as the 'Victims of Child Abuse Act of
1990'.''
42 USC -- 13002. Authority of Director to make grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Director of the Office of Victims of Crime (hereinafter in this
subchapter referred to as the ''Director''), in consultation with
officials of the Department of Health and Human Services, shall make
grants to develop and implement multidisciplinary child abuse
investigation and prosecution programs.
(b) Grant criteria
(1) The Director shall establish the criteria to be used in
evaluating applications for grants under this section consistent with
sections 5665a, 5673, and 5676 of this title.
(2) In general, the grant criteria established pursuant to paragraph
(1) may require that a program include any of the following elements:
(A) A written agreement between local law enforcement, social
service, health, and other related agencies to coordinate child abuse
investigation, prosecution, treatment, and counseling services.
(B) An appropriate site for referring, interviewing, treating, and
counseling child victims of sexual and serious physical abuse and
neglect (referred to as the ''counseling center'').
(C) Referral of all sexual and serious physical abuse and neglect
cases to the counseling center not later than 24 hours after
notification of an incident of abuse.
(D) Joint initial investigative interviews of child victims by
personnel from law enforcement, health, and social service agencies.
(E) A requirement that, to the extent practicable, the same agency
representative who conducts an initial interview conduct all subsequent
interviews.
(F) A requirement that, to the extent practicable, all interviews and
meetings with a child victim occur at the counseling center.
(G) Coordination of each step of the investigation process to
minimize the number of interviews that a child victim must attend.
(H) Designation of a director for the multidisciplinary program.
(I) Assignment of a volunteer or staff advocate to each child in
order to assist the child and, when appropriate, the child's family,
throughout each step of judicial proceedings.
(J) Such other criteria as the Director shall establish by
regulation.
(c) Distribution of grants
In awarding grants under this section, the Director shall ensure that
grants are distributed to both large and small States and to rural,
suburban, and urban jurisdictions.
(Pub. L. 101-647, title II, 212, Nov. 29, 1990, 104 Stat. 4793.)
42 USC -- 13003. Grants for specialized technical assistance and
training programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Director shall make grants to national organizations to provide
technical assistance and training to attorneys and others instrumental
to the criminal prosecution of child abuse cases in State or Federal
courts, for the purpose of improving the quality of criminal prosecution
of such cases.
(b) Grantee organizations
An organization to which a grant is made pursuant to subsection (a)
of this section shall be one that has, or is affiliated with one that
has, broad membership among attorneys who prosecute criminal cases in
State courts and has demonstrated experience in providing training and
technical assistance for prosecutors.
(c) Grant criteria
(1) The Director shall establish the criteria to be used for
evaluating applications for grants under this section, consistent with
sections 5665a, 5673, and 5676 of this title.
(2) The grant criteria established pursuant to paragraph (1) shall
require that a program provide training and technical assistance that
includes information regarding improved child interview techniques,
thorough investigative methods, interagency coordination and effective
presentation of evidence in court, including the use of alternative
courtroom procedures described in this title. /1/
(Pub. L. 101-647, title II, 213, Nov. 29, 1990, 104 Stat. 4793.)
This title, referred to in subsec. (c)(2), means title II of Pub.
L. 101-647, known as the Victims of Child Abuse Act of 1990, which is
classified principally to this subchapter. For complete classification
of title II to the Code, see Short Title note set out under section
13001 of this title and Tables.
/1/ See References in Text note below.
42 USC -- 13004. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
There are authorized to be appropriated to carry out this subchapter
-- /1/
(1) $20,000,000 in fiscal year 1991; and
(2) such sums as may be necessary to carry out this subchapter /1/ in
each of fiscal years 1992 and 1993.
(b) Use of funds
Of the amounts appropriated under subsection (a) of this section, not
less than 90 percent shall be used for grants under section 13002 of
this title.
(Pub. L. 101-647, title II, 214, Nov. 29, 1990, 104 Stat. 4794.)
This subchapter, referred to in subsec. (a), was in the original
''this chapter'' and was translated as reading ''this subtitle'',
meaning subtitle A ( 211-214) of title II of Pub. L. 101-647, to
reflect the probable intent of Congress, because title II of Pub. L.
101-647 does not contain chapters.
/1/ See References in Text note below.
42 USC -- SUBCHAPTER II -- COURT-APPOINTED SPECIAL ADVOCATE PROGRAM
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 13011. Findings
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Congress finds that --
(1) the National Court-Appointed Special Advocate provides training
and technical assistance to a network of 13,000 volunteers in 377
programs operating in 47 States; and
(2) in 1988, these volunteers represented 40,000 children,
representing approximately 15 percent of the estimated 270,000 cases of
child abuse and neglect in juvenile and family courts.
(Pub. L. 101-647, title II, 215, Nov. 29, 1990, 104 Stat. 4794.)
42 USC -- 13012. Purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of this subchapter /1/ is to ensure that by January 1,
1995, a court-appointed special advocate shall be available to every
victim of child abuse or neglect in the United States that needs such an
advocate.
(Pub. L. 101-647, title II, 216, Nov. 29, 1990, 104 Stat. 4794.)
This subchapter, referred to in text, was in the original ''this
chapter'' and was translated as reading ''this subtitle'', meaning
subtitle B ( 215-218) of title II of Pub. L. 101-647, to reflect the
probable intent of Congress, because title II of Pub. L. 101-647 does
not contain chapters.
/1/ See References in Text note below.
42 USC -- 13013. Strengthening of court-appointed special advocate
program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Administrator of the Office of Juvenile Justice and Delinquency
Prevention shall make grants to expand the court-appointed special
advocate program.
(b) Grantee organizations
(1) An organization to which a grant is made pursuant to subsection
(a) of this section shall be a national organization that has broad
membership among court-appointed special advocates and has demonstrated
experience in grant administration of court-appointed special advocate
programs and in providing training and technical assistance to
court-appointed special advocate program; or (2) may be a local public
or not-for-profit agency that has demonstrated the willingness to
initiate or expand a court-appointed special advocate program.
(2) An organization described in paragraph (1)(a) that receives a
grant may be authorized to make subgrants and enter into contracts with
public and not-for-profit agencies to initiate and to expand the
court-appointed special advocate program. Should a grant be made to a
national organization for this purpose, the Administrator shall specify
an amount not exceeding 5 percent that can be used for administrative
purposes by the national organization.
(c) Grant criteria
(1) The Administrator shall establish criteria to be used in
evaluating applications for grants under this section, consistent with
sections 5665a, 5673, and 5676 of this title.
(2) In general, the grant criteria established pursuant to paragraph
(1) shall require that a court-appointed special advocate program
provide screening, training, and supervision of court-appointed special
advocates in accordance with standards developed by the National
Court-Appointed Special Advocate Association. Such criteria may include
the requirements that --
(A) a court-appointed special advocate association program have a
mission and purpose in keeping with the mission and purpose of the
National Court-Appointed Special Advocate Association and that it abide
by the National Court-Appointed Special Advocate Association Code of
Ethics;
(B) a court-appointed special advocate association program operate
with access to legal counsel;
(C) the management and operation of a court-appointed special
advocate program assure adequate supervision of court-appointed special
advocate volunteers;
(D) a court-appointed special advocate program keep written records
on the operation of the program in general and on each applicant,
volunteer, and case;
(E) a court-appointed special advocate program have written
management and personnel policies and procedures, screening
requirements, and training curriculum;
(F) a court-appointed special advocate program not accept volunteers
who have been convicted of, have charges pending for, or have in the
past been charged with, a felony or misdemeanor involving a sex offense,
violent act, child abuse or neglect, or related acts that would pose
risks to children or to the court-appointed special advocate program's
credibility;
(G) a court-appointed special advocate program have an established
procedure to allow the immediate reporting to a court or appropriate
agency of a situation in which a court-appointed special advocate
volunteer has reason to believe that a child is in imminent danger;
(H) a court-appointed special advocate volunteer be an individual who
has been screened and trained by a recognized court-appointed special
advocate program and appointed by the court to advocate for children who
come into the court system primarily as a result of abuse or neglect;
and
(I) a court-appointed special advocate volunteer serve the function
of reviewing records, facilitating prompt, thorough review of cases, and
interviewing appropriate parties in order to make recommendations on
what would be in the best interests of the child.
(3) In awarding grants under this section, the Administrator shall
ensure that grants are distributed to localities that have no existing
court-appointed special advocate program and to programs in need of
expansion.
(Pub. L. 101-647, title II, 217, Nov. 29, 1990, 104 Stat. 4794.)
42 USC -- 13014. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization
There are authorized to be appropriated to carry out this subchapter
-- /1/
(1) $5,000,000 in fiscal year 1991; and
(2) such sums as may be necessary to carry out this subchapter in
each of fiscal years 1992, 1993, and 1994.
(b) Limitation
No funds are authorized to be appropriated for a fiscal year to carry
out this subchapter unless the aggregate amount appropriated to carry
out title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) for such fiscal year is not less than the
aggregate amount appropriated to carry out such title for the preceding
fiscal year.
(Pub. L. 101-647, title II, 218, Nov. 29, 1990, 104 Stat. 4796.)
This subchapter, referred to in introductory provisions of subsec.
(a), was in the original ''this chapter'' and was translated as reading
''this subtitle'', meaning subtitle B ( 215-218) of title II of Pub.
L. 101-647, to reflect the probable intent of Congress, because title II
of Pub. L. 101-647 does not contain chapters.
The Juvenile Justice and Delinquency Prevention Act of 1974, referred
to in subsec. (b), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109,
as amended. Title II of the Act is classified principally to subchapter
II ( 5611 et seq.) of chapter 72 of this title. For complete
classification of this Act to the Code, see Tables.
/1/ See References in Text note below.
42 USC -- SUBCHAPTER III -- CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 13021. Findings and purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
The Congress finds that --
(1) a large number of juvenile and family courts are inundated with
increasing numbers of cases due to increased reports of abuse and
neglect, increasing drug-related maltreatment, and insufficient court
resources;
(2) the amendments made to the Social Security Act (42 U.S.C. 301 et
seq.) by the Adoption Assistance and Child Welfare Act of 1980 make
substantial demands on the courts handling abuse and neglect cases, but
provide no assistance to the courts to meet those demands;
(3) the Adoption /1/ and Child Welfare Act of 1980 requires courts to
--
(A) determine whether the agency made reasonable efforts to prevent
foster care placement;
(B) approve voluntary nonjudicial placement; and
(C) provide procedural safeguards for parents when their parent-child
relationship is affected;
(4) social welfare agencies press the courts to meet such
requirements, yet scarce resources often dictate that courts comply pro
forma without undertaking the meaningful judicial inquiry contemplated
by Congress in the Adoption /1/ and Child Welfare Act of 1980;
(5) compliance with the Adoption /1/ and Child Welfare Act of 1980
and overall improvements in the judicial response to abuse and neglect
cases can best come about through action by top level court
administrators and judges with administrative functions who understand
the unique aspects of decisions required in child abuse and neglect
cases; and
(6) the Adoption /1/ and Child Welfare Act of 1980 provides financial
incentives to train welfare agency staff to meet the requirements, but
provides no resources to train judges.
(b) Purpose
The purpose of this subchapter /2/ is to provide expanded technical
assistance and training to judicial personnel and attorneys,
particularly personnel and practitioners in juvenile and family courts,
to improve the judicial system's handling of child abuse and neglect
cases with specific emphasis on the role of the courts in addressing
reasonable efforts that can safely avoid unnecessary and unnecessarily
prolonged foster care placement.
(Pub. L. 101-647, title II, 221, Nov. 29, 1990, 104 Stat. 4796.)
The Social Security Act, referred to in subsec. (a)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 ( 301 et seq.) of this title. For complete
classification of this Act to the Code, see section 1305 of this title
and Tables.
The Adoption Assistance and Child Welfare Act of 1980, referred to in
subsec. (a), is Pub. L. 96-272, June 17, 1980, 94 Stat. 500, as
amended. For complete classification of this Act to the Code, see Short
Title of 1980 Amendments note set out under section 1305 of this title
and Tables.
This subchapter, referred to in subsec. (b), was in the original
''this chapter'' and was translated as reading ''this subtitle'',
meaning subtitle C ( 221-224) of title II of Pub. L. 101-647, to
reflect the probable intent of Congress, because title II of Pub. L.
101-647 does not contain chapters.
/1/ So in original. Probably should be ''Adoption Assistance''.
/2/ See References in Text note below.
42 USC -- 13022. Grants for juvenile and family court personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In order to improve the judicial system's handling of child abuse and
neglect cases, the Administrator of the Office of Juvenile Justice and
Delinquency Prevention shall make grants for the purpose of providing --
(1) technical assistance and training to judicial personnel and
attorneys, particularly personnel and practitioners in juvenile and
family courts; and
(2) administrative reform in juvenile and family courts.
(Pub. L. 101-647, title II, 222, Nov. 29, 1990, 104 Stat. 4797.)
42 USC -- 13023. Specialized technical assistance and training
programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants to develop model programs
(1) The Administrator shall make grants to national organizations to
develop 1 or more model technical assistance and training programs to
improve the judicial system's handling of child abuse and neglect cases.
(2) An organization to which a grant is made pursuant to paragraph
(1) shall be one that has broad membership among juvenile and family
court judges and has demonstrated experience in providing training and
technical assistance for judges, attorneys, child welfare personnel, and
lay child advocates.
(b) Grants to juvenile and family courts
(1) In order to improve the judicial system's handling of child abuse
and neglect cases, the Administrator shall make grants to State courts
or judicial administrators for programs that provide or contract for,
the implementation of --
(A) training and technical assistance to judicial personnel and
attorneys in juvenile and family courts; and
(B) administrative reform in juvenile and family courts.
(2) The criteria established for the making of grants pursuant to
paragraph (1) shall give priority to programs that improve --
(A) procedures for determining whether child service agencies have
made reasonable efforts to prevent placement of children in foster care;
(B) procedures for determining whether child service agencies have,
after placement of children in foster care, made reasonable efforts to
reunite the family; and
(C) procedures for coordinating information and services among health
professionals, social workers, law enforcement professionals,
prosecutors, defense attorneys, and juvenile and family court personnel,
consistent with subchapter I of this chapter.
(c) Grant criteria
The Administrator shall make grants under subsections (a) and (b) of
this section consistent with section /1/ 5665a, 5673, and 5676 of this
title.
(Pub. L. 101-647, title II, 223, Nov. 29, 1990, 104 Stat. 4797.)
/1/ So in original. Probably should be ''sections''.
42 USC -- 13024. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
There are authorized to be appropriated to carry out this subchapter
-- /1/
(1) $10,000,000 in fiscal year 1991; and
(2) such sums as may be necessary to carry out this subchapter /1/ in
each of fiscal years 1992, 1993, and 1994.
(b) Use of funds
Of the amounts appropriated in subsection (a) of this section, not
less than 80 percent shall be used for grants under section 13023(b) of
this title.
(c) Limitation
No funds are authorized to be appropriated for a fiscal year to carry
out this subchapter unless the aggregate amount appropriated to carry
out title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) for such fiscal year is not less than the
aggregate amount appropriated to carry out such title for the preceding
fiscal year.
(Pub. L. 101-647, title II, 224, Nov. 29, 1990, 104 Stat. 4798.)
This subchapter, referred to in subsec. (a), was in the original
''this chapter'' and was translated as reading ''this subtitle'',
meaning subtitle C ( 221-224) of title II of Pub. L. 101-647, to
reflect the probable intent of Congress, because title II of Pub. L.
101-647 does not contain chapters.
The Juvenile Justice and Delinquency Prevention Act of 1974, referred
to in subsec. (c), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109,
as amended. Title II of the Act is classified principally to subchapter
II ( 5611 et seq.) of chapter 72 of this title. For complete
classification of this Act to the Code, see Tables.
/1/ See References in Text note below.
42 USC -- SUBCHAPTER IV -- FEDERAL VICTIMS' PROTECTIONS AND RIGHTS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 13031. Child abuse reporting
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
A person who, while engaged in a professional capacity or activity
described in subsection (b) of this section on Federal land or in a
federally operated (or contracted) facility, learns of facts that give
reason to suspect that a child has suffered an incident of child abuse,
shall as soon as possible make a report of the suspected abuse to the
agency designated under subsection (d) of this section.
(b) Covered professionals
Persons engaged in the following professions and activities are
subject to the requirements of subsection (a) of this section:
(1) Physicians, dentists, medical residents or interns, hospital
personnel and administrators, nurses, health care practitioners,
chiropractors, osteopaths, pharmacists, optometrists, podiatrists,
emergency medical technicians, ambulance drivers, undertakers, coroners,
medical examiners, alcohol or drug treatment personnel, and persons
performing a healing role or practicing the healing arts.
(2) Psychologists, psychiatrists, and mental health professionals.
(3) Social workers, licensed or unlicensed marriage, family, and
individual counselors.
(4) Teachers, teacher's aides or assistants, school counselors and
guidance personnel, school officials, and school administrators.
(5) Child care workers and administrators.
(6) Law enforcement personnel, probation officers, criminal
prosecutors, and juvenile rehabilitation or detention facility
employees.
(7) Foster parents.
(8) Commercial film and photo processors.
(c) Definitions
For the purposes of this section --
(1) the term ''child abuse'' means the physical or mental injury,
sexual abuse or exploitation, or negligent treatment of a child;
(2) the term ''physical injury'' includes but is not limited to
lacerations, fractured bones, burns, internal injuries, severe bruising
or serious bodily harm;
(3) the term ''mental injury'' means harm to a child's psychological
or intellectual functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior, or a combination
of those behaviors, which may be demonstrated by a change in behavior,
emotional response or cognition;
(4) the term ''sexual abuse'' includes the employment, use,
persuasion, inducement, enticement, or coercion of a child to engage in,
or assist another person to engage in, sexually explicit conduct or the
rape, molestation, prostitution, or other form of sexual exploitation of
children, or incest with children;
(5) the term ''sexually explicit conduct'' means actual or simulated
--
(A) sexual intercourse, including sexual contact in the manner of
genital-genital, oral-genital, anal-genital, or oral-anal contact,
whether between persons of the same or of opposite sex; sexual contact
means the intentional touching, either directly or through clothing, of
the genitalia, anus, groin, breast, inner thigh, or buttocks of any
person with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify sexual desire of any person;
(B) bestiality;
(C) masturbation;
(D) lascivious exhibition of the genitals or pubic area of a person
or animal; or
(E) sadistic or masochistic abuse;
(6) the term ''exploitation'' means child pornography or child
prostitution;
(7) the term ''negligent treatment'' means the failure to provide,
for reasons other than poverty, adequate food, clothing, shelter, or
medical care so as to seriously endanger the physical health of the
child; and
(8) the term ''child abuse'' shall not include discipline
administered by a parent or legal guardian to his or her child provided
it is reasonable in manner and moderate in degree and otherwise does not
constitute cruelty.
(d) Agency designated to receive report and action to be taken
For all Federal lands and all federally operated (or contracted)
facilities in which children are cared for or reside, the Attorney
General shall designate an agency to receive and investigate the reports
described in subsection (a) of this section. By formal written
agreement, the designated agency may be a non-Federal agency. When such
reports are received by social services or health care agencies, and
involve allegations of sexual abuse, serious physical injury, or
life-threatening neglect of a child, there shall be an immediate
referral of the report to a law enforcement agency with authority to
take emergency action to protect the child. All reports received shall
be promptly investigated, and whenever appropriate, investigations shall
be conducted jointly by social services and law enforcement personnel,
with a view toward avoiding unnecessary multiple interviews with the
child.
(e) Reporting form
In every federally operated (or contracted) facility, and on all
Federal lands, a standard written reporting form, with instructions,
shall be disseminated to all mandated reporter groups. Use of the form
shall be encouraged, but its use shall not take the place of the
immediate making of oral reports, telephonically or otherwise, when
circumstances dictate.
(f) Immunity for good faith reporting and associated actions
All persons who, acting in good faith, make a report by subsection
(a) of this section, or otherwise provide information or assistance in
connection with a report, investigation, or legal intervention pursuant
to a report, shall be immune from civil and criminal liability arising
out of such actions. There shall be a presumption that any such persons
acted in good faith. If a person is sued because of the person's
performance of one of the above functions, and the defendant prevails in
the litigation, the court may order that the plaintiff pay the
defendant's legal expenses. Immunity shall not be accorded to persons
acting in bad faith.
(g) Omitted
(h) Training of prospective reporters
All individuals in the occupations listed in subsection (b)(1) of
this section who work on Federal lands, or are employed in federally
operated (or contracted) facilities, shall receive periodic training in
the obligation to report, as well as in the identification of abused and
neglected children.
(Pub. L. 101-647, title II, 226, Nov. 29, 1990, 104 Stat. 4806.)
Section is comprised of section 226 of Pub. L. 101-647. Subsec. (g)
of section 226 of Pub. L. 101-647 enacted section 2258 of Title 18,
Crimes and Criminal Procedure.
42 USC -- SUBCHAPTER V -- CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 13041. Requirement for background checks
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) Each agency of the Federal Government, and every facility
operated by the Federal Government (or operated under contract with the
Federal Government), that hires (or contracts for hire) individuals
involved with the provision to children under the age of 18 of child
care services shall assure that all existing and newly-hired employees
undergo a criminal history background check. All existing staff shall
receive such checks not later than May 29, 1991. Except as provided in
subsection (b)(3) of this section, no additional staff shall be hired
without a check having been completed.
(2) For the purposes of this section, the term ''child care
services'' means child protective services (including the investigation
of child abuse and neglect reports), social services, health and mental
health care, child (day) care, education (whether or not directly
involved in teaching), foster care, residential care, recreational or
rehabilitative programs, and detention, correctional, or treatment
services.
(b) Criminal history check
(1) A background check required by subsection (a) of this section
shall be --
(A) based on a set of the employee's fingerprints obtained by a law
enforcement officer and on other identifying information;
(B) conducted through the Identification Division of the Federal
Bureau of Investigation and through the State criminal history
repositories of all States that an employee or prospective employee
lists as current and former residences in an employment application;
and
(C) initiated through the personnel programs of the applicable
Federal agencies.
(2) The results of the background check shall be communicated to the
employing agency.
(3) An agency or facility described in subsection (a)(1) of this
section may hire a staff person provisionally prior to the completion of
a background check if, at all times prior to receipt of the background
check during which children are in the care of the person, the person is
within the sight and under the supervision of a staff person with
respect to whom a background check has been completed.
(c) Applicable criminal histories
Any conviction for a sex crime, an offense involving a child victim,
or a drug felony, may be ground for denying employment or for dismissal
of an employee in any of the positions listed in subsection (a)(2) of
this section. In the case of an incident in which an individual has
been charged with one of those offenses, when the charge has not yet
been disposed of, an employer may suspend an employee from having any
contact with children while on the job until the case is resolved.
Conviction of a crime other than a sex crime may be considered if it
bears on an individual's fitness to have responsibility for the safety
and well-being of children.
(d) Employment applications
(1) Employment applications for individuals who are seeking work for
an agency of the Federal Government, or for a facility or program
operated by (or through contract with) the Federal Government, in any of
the positions listed in subsection (a)(1) of this section, shall contain
a question asking whether the individual has ever been arrested for or
charged with a crime involving a child, and if so requiring a
description of the disposition of the arrest or charge. An application
shall state that it is being signed under penalty of perjury, with the
applicable Federal punishment for perjury stated on the application.
(2) A Federal agency seeking a criminal history record check shall
first obtain the signature of the employee or prospective employee
indicating that the employee or prospective employee has been notified
of the employer's obligation to require a record check as a condition of
employment and the employee's right to obtain a copy of the criminal
history report made available to the employing Federal agency and the
right to challenge the accuracy and completeness of any information
contained in the report.
(e) Encouragement of voluntary criminal history checks for others who
may have contact with children
Federal agencies and facilities are encouraged to submit identifying
information for criminal history checks on volunteers working in any of
the positions listed in subsection (a) of this section and on adult
household members in places where child care or foster care services are
being provided in a home.
(Pub. L. 101-647, title II, 231, Nov. 29, 1990, 104 Stat. 4808;
Pub. L. 102-190, div. A, title X, 1094(a), Dec. 5, 1991, 105 Stat.
1488.)
1991 -- Subsec. (a)(1). Pub. L. 102-190, 1094(a)(1), substituted
''May 29, 1991. Except as provided in subsection (b)(3) of this
section, no additional staff'' for ''6 months after November 29, 1990,
and no additional staff''.
Subsec. (b)(3). Pub. L. 102-190, 1094(a)(2), added par. (3).
42 USC -- SUBCHAPTER VI -- TREATMENT FOR JUVENILE OFFENDERS WHO ARE
VICTIMS OF CHILD ABUSE OR NEGLECT
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC -- 13051. Authority to make grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Administrator, in consultation with the Secretary of Health and
Human Services, shall make grants to public and nonprofit private
organizations to develop, establish, and support projects which --
(1) provide treatment to juvenile offenders who are victims of child
abuse or neglect, and to their families so as to reduce the likelihood
that such juvenile offenders will commit subsequent violations of law;
(2) based upon the best interests of juvenile offenders who receive
treatment for abuse or neglect, provide transitional services (including
individual, group, and family counseling) to such juvenile offenders --
(A) to strengthen the relationships of such juvenile offenders with
their families and to encourage the resolution of intrafamily problems
related to the abuse or neglect;
(B) to facilitate their alternative placement; or
(C) to prepare juveniles aged 16 years of age and older to live
independently; or
(3) carry out research, including surveys of existing transitional
services, identification of exemplary treatment modalities, and
evaluation of treatment and transitional services provided with grants
made under this section.
(Pub. L. 101-647, title II, 251, Nov. 29, 1990, 104 Stat. 4814.)
42 USC -- 13052. Administrative requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Administrator shall administer this subchapter subject to the
requirements of sections 5665a, 5673, and 5676 of this title.
(Pub. L. 101-647, title II, 252, Nov. 29, 1990, 104 Stat. 4815.)
42 USC -- 13053. Priority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In making grants under section 13051 /1/ of this title, the
Administrator --
(1) shall give priority to applicants that have experience in
treating juveniles who are the victims of abuse or neglect; and
(2) may not disapprove an application solely because the applicant
proposes to provide treatment or transitional services to juveniles who
are adjudicated delinquent for having committed offenses which are not
serious crimes.
(Pub. L. 101-647, title II, 253, Nov. 29, 1990, 104 Stat. 4815.)
Section 13051 of this title, referred to in text, was in the original
''section 690'', and was translated as reading ''section 251'', meaning
section 251 of Pub. L. 101-647 which is classified to section 13051 of
this title, to reflect the probable intent of Congress, because Pub. L.
101-647 does not contain a section 690.
/1/ See References in Text note below.
42 USC -- 13054. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization
Subject to subsection (b) of this section, there are authorized to be
appropriated to carry out this subchapter --
(1) $15,000,000 for fiscal year 1991; and
(2) such sums as may be necessary for fiscal years 1992 and 1993.
(b) Condition on authorization
No amount is authorized to be appropriated for a fiscal year to carry
out this subchapter unless the aggregate amount appropriated to carry
out title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611-5676) for such fiscal year is not less than the
aggregate amount appropriated to carry out such title for the preceding
fiscal year.
(c) Use of appropriations
From the amount appropriated to carry out this subchapter in any
fiscal year, the Administrator shall use --
(1) not less than 85 percent to make grants under section 13051 /1/
of this title for treatment and transitional services;
(2) not to exceed 10 percent for grants under section 13051 /1/ of
this title for research; and
(3) not to exceed 5 percent for salaries and expenses of the Office
of Juvenile Justice and Delinquency Prevention related to administering
this subchapter.
(Pub. L. 101-647, title II, 254, Nov. 29, 1990, 104 Stat. 4815.)
The Juvenile Justice and Delinquency Prevention Act of 1974, referred
to in subsec. (b), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109,
as amended. Title II of the Act is classified principally to subchapter
II ( 5611 et seq.) of chapter 72 of this title. For complete
classification of this Act to the Code, see Tables.
Section 13051 of this title, referred to in subsec. (c)(1), (2), was
in the original ''section 731'', and was translated as reading ''section
251'', meaning section 251 of Pub. L. 101-647 which is classified to
section 13051 of this title, to reflect the probable intent of Congress,
because Pub. L. 101-647 does not contain a section 731.
/1/ See References in Text note below.
42 USC -- 13055. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of this subchapter --
(1) the term ''Administrator'' means the Administrator of the Office
of Juvenile Justice and Delinquency Prevention; and
(2) the term ''juvenile'' means an individual who is less than 18
years of age.
(Pub. L. 101-647, title II, 255, Nov. 29, 1990, 104 Stat. 4815.)
42 USC -- CHAPTER 133 -- POLLUTION PREVENTION
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Sec.
13101. Findings and policy.
(a) Findings.
(b) Policy.
13102. Definitions.
13103. EPA activities.
(a) Authorities.
(b) Functions.
13104. Grants to States for State technical assistance programs.
(a) General authority.
(b) Criteria.
(c) Matching funds.
(d) Effectiveness.
(e) Information.
13105. Source Reduction Clearinghouse.
(a) Authority.
(b) Public availability.
13106. Source reduction and recycling data collection.
(a) Reporting requirements.
(b) Items included in report.
(c) SARA provisions.
(d) Additional optional information.
(e) Availability of data.
13107. EPA report.
(a) Biennial reports.
(b) Subsequent reports.
13108. Savings provisions.
13109. Authorization of appropriations.
42 USC -- 13101. Findings and policy
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Findings
The Congress finds that:
(1) The United States of America annually produces millions of tons
of pollution and spends tens of billions of dollars per year controlling
this pollution.
(2) There are significant opportunities for industry to reduce or
prevent pollution at the source through cost-effective changes in
production, operation, and raw materials use. Such changes offer
industry substantial savings in reduced raw material, pollution control,
and liability costs as well as help protect the environment and reduce
risks to worker health and safety.
(3) The opportunities for source reduction are often not realized
because existing regulations, and the industrial resources they require
for compliance, focus upon treatment and disposal, rather than source
reduction; existing regulations do not emphasize multi-media management
of pollution; and businesses need information and technical assistance
to overcome institutional barriers to the adoption of source reduction
practices.
(4) Source reduction is fundamentally different and more desirable
than waste management and pollution control. The Environmental
Protection Agency needs to address the historical lack of attention to
source reduction.
(5) As a first step in preventing pollution through source reduction,
the Environmental Protection Agency must establish a source reduction
program which collects and disseminates information, provides financial
assistance to States, and implements the other activities provided for
in this chapter.
(b) Policy
The Congress hereby declares it to be the national policy of the
United States that pollution should be prevented or reduced at the
source whenever feasible; pollution that cannot be prevented should be
recycled in an environmentally safe manner, whenever feasible;
pollution that cannot be prevented or recycled should be treated in an
environmentally safe manner whenever feasible; and disposal or other
release into the environment should be employed only as a last resort
and should be conducted in an environmentally safe manner.
(Pub. L. 101-508, title VI, 6602, Nov. 5, 1990, 104 Stat.
1388-321.)
This chapter, referred to in subsec. (a)(5), was in the original
''this subtitle'', meaning subtitle F ( 6501, 6601-6610) of title VI,
Pub. L. 101-508, which is classified generally to this chapter. For
complete classification of subtitle F to the Code, see Short Title note
below and Tables.
Section 6601 of Pub. L. 101-508 provided that: ''This subtitle
(subtitle F ( 6501, 6601-6610) of title VI of Pub. L. 101-508, enacting
this chapter and section 4370c of this title) may be cited as the
'Pollution Prevention Act of 1990'.''
42 USC -- 13102. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this chapter --
(1) The term ''Administrator'' means the Administrator of the
Environmental Protection Agency.
(2) The term ''Agency'' means the Environmental Protection Agency.
(3) The term ''toxic chemical'' means any substance on the list
described in section 11023(c) of this title.
(4) The term ''release'' has the same meaning as provided by section
11049(8) of this title.
(5)(A) The term ''source reduction'' means any practice which --
(i) reduces the amount of any hazardous substance, pollutant, or
contaminant entering any waste stream or otherwise released into the
environment (including fugitive emissions) prior to recycling,
treatment, or disposal; and
(ii) reduces the hazards to public health and the environment
associated with the release of such substances, pollutants, or
contaminants.
The term includes equipment or technology modifications, process or
procedure modifications, reformulation or redesign of products,
substitution of raw materials, and improvements in housekeeping,
maintenance, training, or inventory control.
(B) The term ''source reduction'' does not include any practice which
alters the physical, chemical, or biological characteristics or the
volume of a hazardous substance, pollutant, or contaminant through a
process or activity which itself is not integral to and necessary for
the production of a product or the providing of a service.
(6) The term ''multi-media'' means water, air, and land.
(7) The term ''SIC codes'' refers to the 2-digit code numbers used
for classification of economic activity in the Standard Industrial
Classification Manual.
(Pub. L. 101-508, title VI, 6603, Nov. 5, 1990, 104 Stat.
1388-321.)
42 USC -- 13103. EPA activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorities
The Administrator shall establish in the Agency an office to carry
out the functions of the Administrator under this chapter. The office
shall be independent of the Agency's single-medium program offices but
shall have the authority to review and advise such offices on their
activities to promote a multi-media approach to source reduction. The
office shall be under the direction of such officer of the Agency as the
Administrator shall designate.
(b) Functions
The Administrator shall develop and implement a strategy to promote
source reduction. As part of the strategy, the Administrator shall --
(1) establish standard methods of measurement of source reduction;
(2) ensure that the Agency considers the effect of its existing and
proposed programs on source reduction efforts and shall review
regulations of the Agency prior and subsequent to their proposal to
determine their effect on source reduction;
(3) coordinate source reduction activities in each Agency Office /1/
and coordinate with appropriate offices to promote source reduction
practices in other Federal agencies, and generic research and
development on techniques and processes which have broad applicability;
(4) develop improved methods of coordinating, streamlining and
assuring public access to data collected under Federal environmental
statutes;
(5) facilitate the adoption of source reduction techniques by
businesses. This strategy shall include the use of the Source Reduction
Clearinghouse and State matching grants provided in this chapter to
foster the exchange of information regarding source reduction
techniques, the dissemination of such information to businesses, and the
provision of technical assistance to businesses. The strategy shall
also consider the capabilities of various businesses to make use of
source reduction techniques;
(6) identify, where appropriate, measurable goals which reflect the
policy of this chapter, the tasks necessary to achieve the goals, dates
at which the principal tasks are to be accomplished, required resources,
organizational responsibilities, and the means by which progress in
meeting the goals will be measured;
(8) /2/ establish an advisory panel of technical experts comprised of
representatives from industry, the States, and public interest groups,
to advise the Administrator on ways to improve collection and
dissemination of data;
(9) establish a training program on source reduction opportunities,
including workshops and guidance documents, for State and Federal permit
issuance, enforcement, and inspection officials working within all
agency program offices. /3/
(10) identify and make recommendations to Congress to eliminate
barriers to source reduction including the use of incentives and
disincentives;
(11) identify opportunities to use Federal procurement to encourage
source reduction;
(12) develop, test and disseminate model source reduction auditing
procedures designed to highlight source reduction opportunities; and
(13) establish an annual award program to recognize a company or
companies which operate outstanding or innovative source reduction
programs.
(Pub. L. 101-508, title VI, 6604, Nov. 5, 1990, 104 Stat.
1388-322.)
/1/ So in original. Probably should not be capitalized.
/2/ So in original. Subsec. (b) enacted without a par. (7).
/3/ So in original. The period probably should be a semicolon.
42 USC -- 13104. Grants to States for State technical assistance
programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) General authority
The Administrator shall make matching grants to States for programs
to promote the use of source reduction techniques by businesses.
(b) Criteria
When evaluating the requests for grants under this section, the
Administrator shall consider, among other things, whether the proposed
State program would accomplish the following:
(1) Make specific technical assistance available to businesses
seeking information about source reduction opportunities, including
funding for experts to provide onsite technical advice to business /1/
seeking assistance and to assist in the development of source reduction
plans.
(2) Target assistance to businesses for whom lack of information is
an impediment to source reduction.
(3) Provide training in source reduction techniques. Such training
may be provided through local engineering schools or any other
appropriate means.
(c) Matching funds
Federal funds used in any State program under this section shall
provide no more than 50 per centum of the funds made available to a
State in each year of that State's participation in the program.
(d) Effectiveness
The Administrator shall establish appropriate means for measuring the
effectiveness of the State grants made under this section in promoting
the use of source reduction techniques by businesses.
(e) Information
States receiving grants under this section shall make information
generated under the grants available to the Administrator.
(Pub. L. 101-508, title VI, 6605, Nov. 5, 1990, 104 Stat.
1388-323.)
/1/ So in original. Probably should be ''businesses''.
42 USC -- 13105. Source Reduction Clearinghouse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority
The Administrator shall establish a Source Reduction Clearinghouse to
compile information including a computer data base which contains
information on management, technical, and operational approaches to
source reduction. The Administrator shall use the clearinghouse to --
(1) serve as a center for source reduction technology transfer;
(2) mount active outreach and education programs by the States to
further the adoption of source reduction technologies; and
(3) collect and compile information reported by States receiving
grants under section 13104 of this title on the operation and success of
State source reduction programs.
(b) Public availability
The Administrator shall make available to the public such information
on source reduction as is gathered pursuant to this chapter and such
other pertinent information and analysis regarding source reduction as
may be available to the Administrator. The data base shall permit entry
and retrieval of information to any person.
(Pub. L. 101-508, title VI, 6606, Nov. 5, 1990, 104 Stat.
1388-324.)
42 USC -- 13106. Source reduction and recycling data collection
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Reporting requirements
Each owner or operator of a facility required to file an annual toxic
chemical release form under section 11023 of this title for any toxic
chemical shall include with each such annual filing a toxic chemical
source reduction and recycling report for the preceeding /1/
calendar year. The toxic chemical source reduction and recycling
report shall cover each toxic chemical required to be reported in the
annual toxic chemical release form filed by the owner or operator under
section 11023(c) of this title. This section shall take effect with the
annual report filed under section 11023 of this title for the first full
calendar year beginning after November 5, 1990.
(b) Items included in report
The toxic chemical source reduction and recycling report required
under subsection (a) of this section shall set forth each of the
following on a facility-by-facility basis for each toxic chemical:
(1) The quantity of the chemical entering any waste stream (or
otherwise released into the environment) prior to recycling, treatment,
or disposal during the calendar year for which the report is filed and
the percentage change from the previous year. The quantity reported
shall not include any amount reported under paragraph (7). When actual
measurements of the quantity of a toxic chemical entering the waste
streams are not readily available, reasonable estimates should be made
based on best engineering judgment.
(2) The amount of the chemical from the facility which is recycled
(at the facility or elsewhere) during such calendar year, the percentage
change from the previous year, and the process of recycling used.
(3) The source reduction practices used with respect to that chemical
during such year at the facility. Such practices shall be reported in
accordance with the following categories unless the Administrator finds
other categories to be more appropriate.
(A) Equipment, technology, process, or procedure modifications.
(B) Reformulation or redesign of products.
(C) Substitution of raw materials.
(D) Improvement in management, training, inventory control, materials
handling, or other general operational phases of industrial facilities.
(4) The amount expected to be reported under paragraph /2/ (1) and
(2) for the two calendar years immediately following the calendar year
for which the report is filed. Such amount shall be expressed as a
percentage change from the amount reported in paragraphs (1) and (2).
(5) A ratio of production in the reporting year to production in the
previous year. The ratio should be calculated to most closely reflect
all activities involving the toxic chemical. In specific industrial
classifications subject to this section, where a feedstock or some
variable other than production is the primary influence on waste
characteristics or volumes, the report may provide an index based on
that primary variable for each toxic chemical. The Administrator is
encouraged to develop production indexes to accommodate individual
industries for use on a voluntary basis.
(6) The techniques which were used to identify source reduction
opportunities. Techniques listed should include, but are not limited
to, employee recommendations, external and internal audits,
participative team management, and material balance audits. Each type
of source reduction listed under paragraph (3) should be associated with
the techniques or multiples of techniques used to identify the source
reduction technique.
(7) The amount of any toxic chemical released into the environment
which resulted from a catastrophic event, remedial action, or other
one-time event, and is not associated with production processes during
the reporting year.
(8) The amount of the chemical from the facility which is treated (at
the facility or elsewhere) during such calendar year and the percentage
change from the previous year. For the first year of reporting under
this subsection, comparison with the previous year is required only to
the extent such information is available.
(c) SARA provisions
The provisions of sections 11042, 11045(c), and 11046 of this title
shall apply to the reporting requirements of this section in the same
manner as to the reports required under section 11023 of this title.
The Administrator may modify the form required for purposes of reporting
information under section 11023 of this title to the extent he deems
necessary to include the additional information required under this
section.
(d) Additional optional information
Any person filing a report under this section for any year may
include with the report additional information regarding source
reduction, recycling, and other pollution control techniques in earlier
years.
(e) Availability of data
Subject to section 11042 of this title, the Administrator shall make
data collected under this section publicly available in the same manner
as the data collected under section 11023 of this title.
(Pub. L. 101-508, title VI, 6607, Nov. 5, 1990, 104 Stat.
1388-324.)
SARA, referred to in the heading of subsec. (c), means the Superfund
Amendments and Reauthorization Act of 1986, Pub. L. 99-499, Oct. 17,
1986, 100 Stat. 1613, as amended. For complete classification of this
Act to the Code, see Short Title of 1986 Amendment note set out under
section 9601 of this title and Tables.
/1/ So in original. Probably should be ''preceding''.
/2/ So in original. Probably should be ''paragraphs''.
42 USC -- 13107. EPA report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Biennial reports
The Administrator shall provide Congress with a report within
eighteen months after November 5, 1990, and biennially thereafter,
containing a detailed description of the actions taken to implement the
strategy to promote source reduction developed under section 13103(b)
/1/ of this title and of the results of such actions. The report shall
include an assessment of the effectiveness of the clearinghouse and
grant program established under this chapter in promoting the goals of
the strategy, and shall evaluate data gaps and data duplication with
respect to data collected under Federal environmental statutes.
(b) Subsequent reports
Each biennial report submitted under subsection (a) of this section
after the first report shall contain each of the following:
(1) An analysis of the data collected under section 13106 of this
title on an industry-by-industry basis for not less than five SIC codes
or other categories as the Administrator deems appropriate. The
analysis shall begin with those SIC codes or other categories of
facilities which generate the largest quantities of toxic chemical
waste. The analysis shall include an evaluation of trends in source
reduction by industry, firm size, production, or other useful means.
Each such subsequent report shall cover five SIC codes or other
categories which were not covered in a prior report until all SIC codes
or other categories have been covered.
(2) An analysis of the usefulness and validity of the data collected
under section 13106 of this title for measuring trends in source
reduction and the adoption of source reduction by business.
(3) Identification of regulatory and nonregulatory barriers to source
reduction, and of opportunities for using existing regulatory programs,
and incentives and disincentives to promote and assist source reduction.
(4) Identification of industries and pollutants that require priority
assistance in multi-media source reduction /2/
(5) Recommendations as to incentives needed to encourage investment
and research and development in source reduction.
(6) Identification of opportunities and development of priorities for
research and development in source reduction methods and techniques.
(7) An evaluation of the cost and technical feasibility, by industry
and processes, of source reduction opportunities and current activities
and an identification of any industries for which there are significant
barriers to source reduction with an analysis of the basis of this
identification.
(8) An evaluation of methods of coordinating, streamlining, and
improving public access to data collected under Federal environmental
statutes.
(9) An evaluation of data gaps and data duplication with respect to
data collected under Federal environmental statutes.
In the report following the first biennial report provided for under
this subsection, paragraphs (3) through (9) may be included at the
discretion of the Administrator.
(Pub. L. 101-508, title VI, 6608, Nov. 5, 1990, 104 Stat.
1388-326.)
Section 13103(b) of this title, referred to in subsec. (a), was in
the original ''section 4(b)'' and was translated as reading ''section
6604(b)'', meaning section 6604(b) of Pub. L. 101-508, because Pub. L.
101-508 has no section 4 but section 6604(b) of Pub. L. 101-508 relates
to development of a strategy to promote source reduction.
/1/ See References in Text note below.
/2/ So in original. Probably should be followed by a period.
42 USC -- 13108. Savings provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Nothing in this chapter shall be construed to modify or interfere
with the implementation of title III of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.).
(b) Nothing contained in this chapter shall be construed, interpreted
or applied to supplant, displace, preempt or otherwise diminish the
responsibilities and liabilities under other State or Federal law,
whether statutory or common.
(Pub. L. 101-508, title VI, 6609, Nov. 5, 1990, 104 Stat.
1388-327.)
Title III of the Superfund Amendments and Reauthorization Act of
1986, referred to in subsec. (a), is title III of Pub. L. 99-499, Oct.
17, 1986, 100 Stat. 1728, known as the Emergency Planning and
Community Right-To-Know Act of 1986, which is classified generally to
chapter 116 ( 11001 et seq.) of this title. For complete classification
of title III to the Code, see Short Title note set out under section
11001 of this title and Tables.
42 USC -- 13109. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There is authorized to be appropriated to the Administrator
$8,000,000 for each of the fiscal years 1991, 1992, and 1993 for
functions carried out under this chapter (other than State Grants), /1/
and $8,000,000 for each of the fiscal years 1991, 1992, and 1993, for
grant programs to States issued pursuant to section 13104 of this title.
(Pub. L. 101-508, title VI, 6610, Nov. 5, 1990, 104 Stat.
1388-327.)
/1/ So in original. Probably should not be capitalized.
43 USC
TITLE 43 -- PUBLIC LANDS
43 USC TITLE 43 -- PUBLIC LANDS
TITLE 43 -- PUBLIC LANDS
Chap. Sec.
1. Bureau of Land Management 1
2. United States Geological Survey 31
3. Surveys 51
4. District Land Offices 70
5 Land Districts 121
6. Withdrawal from Settlement, Location, Sale, or Entry 141
7. Homesteads 161
8. Timber and Stone Lands (Repealed) 311
8A. Grazing Lands 315
9. Desert-Land Entries 321
10. Underground-Water Reclamation Grants (Repealed) 351
11. Discovery, Development, and Marking of Water Holes, etc., by
Government 361
11A. Board on Geographic Names 364
12. Reclamation and Irrigation of Lands by Federal Government 371
12A. Boulder Canyon Project 617
12B. Colorado River Storage Project 620
13. Federal Lands Included in State Irrigation Districts 621
14. Grants of Desert Lands to States for Reclamation 641
15. Appropriation of Waters; Reservoir Sites 661
16. Sale and Disposal of Public Lands 671
17. Reservation and Sale of Town Sites on Public Lands 711
18. Survey of Public Lands 751
19. Bounty Lands (Repealed) 781
20. Reservations and Grants to States for Public Purposes 851
21. Grants in Aid of Railroads and Wagon Roads 881
21A. Forfeiture of Northern Pacific Railroad Indemnity Land Grants
(Omitted) 921
22. Rights-of-way and Other Easements in Public Lands 931
23. Grants of Swamp and Overflowed Lands 981
24. Drainage Under State Laws (Repealed) 1021
25. Unlawful Inclosures or Occupancy; Obstructing Settlement or
Transit 1061
25A. Lands Held Under Color of Title 1068
26. Abandoned Military Reservations (Repealed) 1071
27. Public Lands in Oklahoma 1091
28. Miscellaneous Provisions Relating to Public Lands 1151
29. Submerged Lands 1301
30. Administration of Public Lands (Repealed or Omitted) 1361
31. Department of the Interior 1451
32. Colorado River Basin Project 1501
32A. Colorado River Basin Salinity Control 1571
32B. Colorado River Floodway 1600
33. Alaska Native Claims Settlement 1601
33A. Implementation of Alaska Native Claims Settlement and Alaska
Statehood 1631
34. Trans-Alaska Pipeline 1651
35. Federal Land Policy and Management 1701
36. Outer Continental Shelf Resource Management 1801
37. Public Rangelands Improvement 1901
38. Crude Oil Transportation Systems 2001
39. Abandoned Shipwrecks 2101
Mineral lands, see Title 30, Mineral Lands and Mining.
Protection of timber on public lands from fire, disease or insect
ravages, see section 594 of Title 16, Conservation.
Right of action for death or personal injury within national park or
other place under exclusive jurisdiction of United States as governed by
State laws, see section 457 of Title 16.
43 USC CHAPTER 1 -- BUREAU OF LAND MANAGEMENT
TITLE 43 -- PUBLIC LANDS
Sec.
1. Repealed.
2. Duties concerning public lands.
3 to 5. Repealed or Omitted.
6. Duties of employees to certify, record, etc., patents.
7 to 10. Repealed or Omitted.
11. Restriction on officers, clerks, and employees.
12. Seal, books, and records.
13. Original papers on file as evidence.
14. Returns relative to lands.
15. Issuance and signing of patents by Secretary of the Interior;
delegation of authority; notice.
16. Engrossing and recording patents.
17. Plats of land surveyed.
18. Copies of papers filed.
19 to 25b. Repealed.
43 USC 1. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 632
TITLE 43 -- PUBLIC LANDS
Section, R.S. 446; 1946 Reorg. Plan No. 3, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100, provided that there shall be in the
Department of the Interior a Director of the Bureau of Land Management.
Provision for a Bureau of Land Management in the Department of the
Interior and for the structure of such Bureau is contained in section
403 of the 1946 Reorg. Plan No. 3, which is set out below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
For transfer of records, property, personnel, and funds, see sections
1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16, 1946, 11
F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title 5,
Government Organization and Employees.
Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, provided:
''(a) The functions of the General Land Office and of the Grazing
Service in the Department of the Interior are hereby consolidated to
form a new agency in the Department of the Interior to be known as the
Bureau of Land Management. The functions of the other agencies named in
subsection (d) of this section are hereby transferred to the Secretary
of the Interior.
''(b) There shall be at the head of such Bureau a Director of the
Bureau of Land Management, who shall be appointed by the Secretary of
the Interior under the classified civil service, who shall receive a
salary at the rate of $10,000 per annum, and who shall perform such
duties as the Secretary of the Interior shall designate.
''(c) There shall be in the Bureau of Land Management an Associate
Director of the Bureau of Land Management and so many Assistant
Directors of the Bureau of Land Management as may be necessary, who
shall be appointed by the Secretary of the Interior under the classified
civil service and subject to the Classification Act of 1923, as amended,
and who shall perform such duties as the Secretary of the Interior may
prescribe.
''(d) The General Land Office, the Grazing Service, the offices of
Commissioner of the General Land Office, Assistant Commissioner of the
General Land Office, Director of the Grazing Service, all Assistant
Directors of the Grazing Service, all registers of the district land
offices, and United States Supervisor of Surveys, together with the
Field Surveying Service now known as the Cadastral Engineering Service,
are hereby abolished.
''(e) The Bureau of Land Management and its functions shall be
administered subject to the direction and control of the Secretary of
the Interior, and the functions transferred to the Secretary by
subsection (a) of this section shall be performed by the Secretary or,
subject to his direction and control, by such officers and agencies of
the Department of the Interior as he may designate.''
Bureau of Land Management, administrative provisions, see section
1731 of this title.
43 USC 2. Duties concerning public lands
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior or such officer as he may designate
shall perform all executive duties appertaining to the surveying and
sale of the public lands of the United States, or in anywise respecting
such public lands, and, also, such as relate to private claims of land,
and the issuing of patents for all grants of land under the authority of
the Government.
(R.S. 453; Feb. 18, 1875, ch. 80, 1, 18 Stat. 317; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
R.S. 453 derived from acts Apr. 25, 1812, ch. 68, 1, 2 Stat. 716;
July 4, 1836, ch. 352, 1, 5 Stat. 107; June 6, 1874, ch. 223, 18
Stat. 62; Feb. 18, 1875, ch. 80, 1, 18 Stat. 317.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''The Secretary of the Interior or such officer as he may designate
shall perform'' substituted for ''The Commissioner of the General Land
Office shall perform, under the direction of the Secretary of the
Interior,'' on authority of section 403 of Reorg. Plan No. 3 of 1946.
See note set out under section 1 of this title.
Pub. L. 99-570, title V, subtitle C, as added by Pub. L. 100-690,
title VII, 6254(d)(3), Nov. 18, 1988, 102 Stat. 4365, provided that:
''SEC. 5061. SHORT TITLE.
''This subtitle may be cited as the 'Bureau of Land Management Drug
Enforcement Supplemental Authority Act'.
''SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION.
''In order to improve Federal law enforcement activities relating to
the use and production of narcotics and controlled substances on Bureau
of Land Management public lands, from amounts appropriated there are
made available to the Secretary of the Interior, in addition to sums
made available under other authority of law, $1,500,000 for fiscal year
1989, and for each fiscal year thereafter, to be used for the employment
and training of additional and existing personnel, for equipment and
facilities to be used by such personnel, and for expenses related to
such employment, training, equipment, and facilities.''
43 USC 3. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 636
TITLE 43 -- PUBLIC LANDS
Section, acts July 11, 1890, ch. 667, 1, 26 Stat. 257; June 17,
1910, ch. 297, 36 Stat. 512, provided for the office of an assistant
commissioner of the General Land Office, which was subsequently
abolished by Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100. That Plan provided for a Bureau of Land
Management, including an Associate Director and as many Assistant
Directors as the Secretary of the Interior may find necessary. See note
set out under section 1 of this title.
43 USC 3a. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act June 5, 1942, ch. 336, 1, 56 Stat. 312, provided for
assistant or deputy commissioners of the General Land Office and Bureau
of Indian Affairs. Insofar as it related to the General Land Office it
was superseded by Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this
title. Provisions unaffected by the Plan relating to the Bureau of
Indian Affairs are set out as section 2a of Title 25, Indians.
43 USC 4, 5. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 641
TITLE 43 -- PUBLIC LANDS
Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which provided
for a temporary assistant commissioner of the General Land Office, was
superseded by Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this
title.
Section 5, R.S. 447, provided for a recorder of the former General
Land Office.
43 USC 6. Duties of employees to certify, record, etc., patents
TITLE 43 -- PUBLIC LANDS
It shall be the duty of such officers or employees of the Bureau of
Land Management as may be designated by the Secretary of the Interior,
in pursuance of instructions from the Secretary of the Interior or such
officer as he may designate, to certify and affix the seal of the office
to all patents for public lands, and to attend to the correct
engrossing, recording, and transmission of such patents. They shall
prepare alphabetical indexes of the names of patentees, and of persons
entitled to patents; and shall prepare such copies and exemplifications
of matters on file or recorded in the Bureau of Land Management as the
Secretary or such officer may from time to time direct.
(R.S. 459; 1940 Reorg. Plan No. III, 4, eff. June 30, 1940, 5 F.
R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
R.S. 459 derived from acts Apr. 25, 1812, ch. 68, 8, 2 Stat. 717;
July 4, 1836, ch. 352, 4, 5 Stat. 111.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
and references to the Commissioner were changed to Secretary of the
Interior or such officer as he may designate on authority of section 403
of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
Office of Recorder of General Land Office abolished and functions of
recorder directed to be exercised under direction and supervision of
Secretary of the Interior, through such officers or employees of General
Land Office as he may designate, on authority of section 4 of Reorg.
Plan No. III of 1940, set out in the Appendix to Title 5, Government
Organization and Employees. See also sections 8 and 9 of Reorg. Plan
No. III of 1940 for provisions relating to transfer of records,
property, personnel, and funds.
43 USC 7. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 641
TITLE 43 -- PUBLIC LANDS
Section, act May 22, 1908, ch. 186, 35 Stat. 225, authorized
Secretary of the Interior to designate a temporary recorder for former
General Land Office in certain cases. Reorg. Plan No. III of 1940, 4,
eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the
Appendix to Title 5, Government Organization and Employees, abolished
office of Recorder of former General Land Office and provided that his
functions should be exercised under direction and supervision of
Secretary of the Interior through those officers or employees of former
General Land Office as he might designate.
43 USC 8. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act June 29, 1948, ch. 754, 62 Stat. 1114, provided for
one clerk in the Bureau of Land Management to sign land patents, was
from the Department of Interior Appropriation Act, 1949, and was not
repeated in subsequent appropriation acts.
A prior section 8, R.S. 450; acts June 19, 1878, ch. 329, 20 Stat.
183; May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch. 42,
42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3, 1925,
ch. 462, 43 Stat. 1142; May 10, 1926, ch. 277, 44 Stat. 456; Jan.
12, 1927, ch. 27, 44 Stat. 937; Mar. 7, 1928, ch. 137, 45 Stat.
202; Mar. 4, 1929, ch. 705, 45 Stat. 1564; May 14, 1930, ch. 273,
46 Stat. 281; Feb. 14, 1931, ch. 187, 46 Stat. 1117; Apr. 22, 1932,
ch. 125, 47 Stat. 92; Feb. 17, 1933, ch. 98, 47 Stat. 822; Mar. 2,
1934, ch. 38, 48 Stat. 364; May 9, 1935, ch. 101, 49 Stat. 180;
June 22, 1936, ch. 691, 49 Stat. 1761; Aug. 9, 1937, ch. 570, 50
Stat. 568; May 9, 1938, ch. 187, 52 Stat. 295; May 10, 1939, ch.
119, 53 Stat. 691; June 18, 1940, ch. 395, 54 Stat. 411; June 28,
1941, ch. 259, 55 Stat. 309; July 2, 1942, ch. 473, 56 Stat. 511;
July 12, 1943, ch. 219, 57 Stat. 455; June 28, 1944, ch. 298, 58
Stat. 468; July 3, 1945, ch. 262, 59 Stat. 322; July 1, 1946, ch.
529, 60 Stat. 352; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100; July 25, 1947, ch. 337, 61 Stat. 460,
was repealed by act June 17, 1948, ch. 496, 2(a), (d), 62 Stat. 476.
43 USC 9. Repealed. June 17, 1948, ch. 496, 2(b), 62 Stat. 476
TITLE 43 -- PUBLIC LANDS
Section, R.S. 451; act June 19, 1878, ch. 329, 20 Stat. 183,
provided for an assistant to sign land patents. See section 15 of this
title.
43 USC 10. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 645
TITLE 43 -- PUBLIC LANDS
Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923,
ch. 42, 42 Stat. 1177, related to depositary acting for commissioner
as receiver of public moneys.
43 USC 11. Restriction on officers, clerks, and employees
TITLE 43 -- PUBLIC LANDS
The officers, clerks, and employees in the Bureau of Land Management
are prohibited from directly or indirectly purchasing or becoming
interested in the purchase of any of the public land; and any person
who violates this section shall forthwith be removed from his office.
(R.S. 452; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 452 derived from acts Apr. 25, 1812, ch. 68, 10, 2 Stat.
717; July 4, 1836, ch. 352, 14, 5 Stat. 112.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
set out under section 1 of this title.
43 USC 12. Seal, books, and records
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior or such officer as he may designate
shall retain the charge of the seal adopted for the Bureau of Land
Management which may continue to be used, and of the records, books,
papers, and other property appertaining to the Bureau of Land
Management.
(R.S. 454; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 454 derived from act Apr. 25, 1812, ch. 68, 4, 5, 2 Stat.
717.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
set out under section 1 of this title.
43 USC 13. Original papers on file as evidence
TITLE 43 -- PUBLIC LANDS
Whenever the officer, as the Secretary of the Interior may designate,
of any United States land office shall be served with a subpoena duces
tecum or other valid legal process requiring him to produce, in any
United States court or in any court of record of any State, the original
application for entry of public lands or the final proof of residence
and cultivation or any other original papers on file in the Bureau of
Land Management of the United States on which a patent to land has been
issued or which furnish the basis for such patent, it shall be the duty
of such officer to at once notify the Secretary of the Interior, or such
officer as he may designate, of the service of such process, specifying
the particular papers he is required to produce, and upon receipt of
such notice from any such officer of a United States land office the
Secretary or such officer designated by him shall at once transmit to
the officer of such land office the original papers specified in such
notice, and which such officer is required to produce, and to attach to
such papers a certificate, under seal of his office, properly
authenticating them as the original papers upon which patent was issued;
and such papers so authenticated shall be received in evidence in all
courts of the United States and in the several State courts of the
States of the Union: Provided, That the Secretary of the Interior shall
make rules and regulations to secure the return of such documents to the
Bureau of Land Management, after use in evidence, without cost to the
United States.
(Apr. 19, 1904, ch. 1398, 33 Stat. 186; 1946 Reorg. Plan No. 3, 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
References to Commissioner of General Land Office and registers of
United States Land Offices changed to Secretary of the Interior or such
officer as he may designate and ''Bureau of Land Management''
substituted for ''General Land Office'' on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Government records and papers; copies, see section 1733 of Title 28,
Judiciary and Judicial Procedure.
43 USC 14. Returns relative to lands
TITLE 43 -- PUBLIC LANDS
All returns relative to the public lands shall be made to the
Secretary of the Interior or such officer as he may designate.
(R.S. 456; July 31, 1894, ch. 174, 7, 28 Stat. 207; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
R.S. 456 derived from act Apr. 25, 1812, ch. 68, 9, 2 Stat. 717.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Commissioner of the General Land Office'' on authority
of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
43 USC 15. Issuance and signing of patents by Secretary of the
Interior; delegation of authority; notice
TITLE 43 -- PUBLIC LANDS
All patents for public lands shall be issued and signed by the
Secretary of the Interior in the name of the United States: Provided,
That the Secretary may delegate his authority under this section to
officers or employees of the Department of the Interior, but notice of
any such delegation shall be given by publication in the Federal
Register.
(June 17, 1948, ch. 496, 1, 62 Stat. 476.)
A prior section 15, R.S. 458; 1940 Reorg. Plan No. III, 4 eff.
June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, which related to
the issuance of patents, was repealed by section 2(c) of act June 17,
1948.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Documents required by act of Congress to be published in the Federal
Register, see section 1505 of Title 44, Public Printing and Documents.
43 USC 16. Engrossing and recording patents
TITLE 43 -- PUBLIC LANDS
The engrossing and recording of patents for public lands may be done
by means of typewriters or other machines, under regulations to be made
by the Secretary of the Interior and approved by the President.
(Mar. 2, 1895, ch. 177, 3, 28 Stat. 807.)
43 USC 17. Plats of land surveyed
TITLE 43 -- PUBLIC LANDS
The Secretary of of the Interior or such officer as he may designate
shall, when required by the President or either House of Congress, make
a plat of any land surveyed under the authority of the United States,
and give such information respecting the public lands and concerning the
business of the Bureau of Land Management as shall be directed.
(R.S. 455; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 455 derived from act Apr. 25, 1812, ch. 68, 6, 2 Stat. 717.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Commissioner of the General Land Office'' and ''Bureau
of Land Management'' for ''his office'' on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
43 USC 18. Copies of papers filed
TITLE 43 -- PUBLIC LANDS
Whenever any person claiming to be interested in or entitled to land,
under any grant or patent from the United States, applies to the
Department of the Interior for copies of papers filed and remaining
therein, in anywise affecting the title to such land, it shall be the
duty of the Secretary of the Interior to cause such copies to be made
out and authenticated, under his hand and the seal of the Bureau of Land
Management, for the person so applying.
(R.S. 460; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 460 derived from acts Jan. 23, 1823, ch. 6, 3 Stat. 721;
July 4, 1836, ch. 352, 7, 5 Stat. 111.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
set out under section 1 of this title.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Authenticated copies of official papers to be furnished, on request
and on payment of a fee, by Secretary of Interior or other department
head, see sections 1460, 1461, and 1462 of this title and section 1733
of Title 28, Judiciary and Judicial Procedure.
Government records and papers; copies, see section 1733 of Title 28.
43 USC 19 to 21. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1029
TITLE 43 -- PUBLIC LANDS
Section 19, R.S. 2469, related to certified copies of records of the
General Land Office.
Section 20, R.S. 2470, related to exemplification of the records of
the General Land Office as evidence.
Section 21, R.S. 461; acts Apr. 2, 1888, ch. 54, 25 Stat. 76;
Oct. 12, 1888, ch. 1098, 25 Stat. 557; May 29, 1908, ch. 220, 15, 35
Stat. 469; June 5, 1920, ch. 235, 1, 41 Stat. 908, related to fees
for exemplifications.
For Department of the Interior record provisions and Government
records and papers, see section 1460 et seq. of this title, and section
1733 of Title 28, Judiciary and Judicial Procedure.
43 USC 22. Repealed. July 30, 1947, ch. 354, 2, 61 Stat. 522
TITLE 43 -- PUBLIC LANDS
Section, act June 5, 1920, ch. 235, 41 Stat. 908, related to cost
of photolithographic copies of plats. See section 1460 of this title.
43 USC 23. Repealed. Pub. L. 86-649, title II, 202(b), July 14, 1960,
74 Stat. 507
TITLE 43 -- PUBLIC LANDS
Section, act Feb. 14, 1931, ch. 187, 46 Stat. 1118, prescribed
fees for depositions in hearings in Bureau of Land Management. See
section 1371 of this title.
Similar provisions were contained in the following prior
appropriation acts:
Mar. 3, 1925, ch. 462, 43 Stat. 1145.
June 5, 1924, ch. 264, 43 Stat. 395.
Jan. 24, 1923, ch. 42, 42 Stat. 1179.
May 24, 1922, ch. 199, 42 Stat. 558.
Mar. 3, 1915, ch. 75, 38 Stat. 855.
43 USC 24. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 646, 647
TITLE 43 -- PUBLIC LANDS
Section, acts May 10, 1926, ch. 277, 44 Stat. 456; Jan 12, 1927,
ch. 27, 44 Stat. 938; 1946 Reorg. Plan No. 3, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100, authorized payment of mileage for
automobile travel.
43 USC 25 to 25b. Repealed. Oct. 25, 1951, ch. 562, 1(25), 65 Stat.
639
TITLE 43 -- PUBLIC LANDS
Section 25, act May 28, 1926, ch. 415, 1, 44 Stat. 672, related to
transfer of records of United States land office to any State upon
closing of last United States land office in that State.
Section 25a, act May 28, 1926, ch. 415, 2, 44 Stat. 673, related to
transfer of field notes and maps of United States land office to any
State upon closing of last United States land office in that State.
Section 25b, act May 28, 1926, ch. 415, 3, 44 Stat. 673, related to
requirement that State provide by law for preservation and access of
records, field notes, and maps.
See section 3301 et seq. of Title 44, Public Printing and Documents.
43 USC CHAPTER 2 -- UNITED STATES GEOLOGICAL SURVEY
TITLE 43 -- PUBLIC LANDS
Sec.
31. Director of United States Geological Survey.
(a) Establishment of office; appointment and duties; examination of
geological structure, mineral resources, and products of national
domain; prohibitions in respect to lands and surveys.
(b) Examination of geological structure, mineral resources, and
products outside national domain.
(c) Annual report to Congress.
32. Acting Director.
33. Repealed.
34. Scientific employees.
35. Repealed.
36. Purchase of books.
36a. Acquisition of scientific or technical books, maps, etc., for
library.
36b. Acquisition of lands or interests therein for use in gaging
streams or underground water resources.
36c. Acceptance of contributions from public and private sources;
cooperation with other agencies in prosecution of projects.
37. Omitted.
38. Topographic surveys; marking elevations.
39, 40. Omitted.
41. Publications and reports; preparation and sale.
42. Distribution of maps and atlases, etc.
42a. Use of receipts from sale of maps for map printing and
distribution.
43. Copies to Senators, Representatives, and Delegates.
44. Sale of transfers or copies of data.
45. Production and sale of copies of photographs and records;
disposition of receipts.
46 to 48. Omitted or Repealed.
49. Extension of cooperative work to Puerto Rico.
50. Survey's share of cost of topographic mapping or water resources
investigations carried on with States.
50-1. Funds for mappings and investigations considered
intragovernmental funds.
50a. Working capital fund for United States Geological Survey.
50b. Recording of obligations against accounts receivable and
crediting of amounts received; work involving cooperation with State,
Territory, etc.
50c. Payment of costs incidental to utilization of services of
volunteers.
43 USC 31. Director of United States Geological Survey
TITLE 43 -- PUBLIC LANDS
(a) Establishment of office; appointment and duties; examination of
geological structure, mineral resources, and products of national
domain; prohibitions in respect to lands and surveys
The Director of the United States Geological Survey, which office is
established, under the Interior Department, shall be appointed by the
President by and with the advice and consent of the Senate. This
officer shall have the direction of the United States Geological Survey,
and the classification of the public lands and examination of the
geological structure, mineral resources, and products of the national
domain. The Director and members of the United States Geological Survey
shall have no personal or private interests in the lands or mineral
wealth of the region under survey, and shall execute no surveys or
examinations for private parties or corporations.
(b) Examination of geological structure, mineral resources, and
products outside national domain
The authority of the Secretary of the Interior, exercised through the
United States Geological Survey of the Department of the Interior, to
examine the geological structure, mineral resources, and products of the
national domain, is expanded to authorize such examinations outside the
national domain where determined by the Secretary to be in the national
interest.
(c) Annual report to Congress
The Secretary of the Interior shall report to the Speaker of the
House of Representatives and the President of the Senate on January 31
of each year on all actions taken pursuant to subsection (b) of this
section during the year ending on the December 31 immediately preceding
the reporting date and on the results of such actions.
(Mar. 3, 1879, ch. 182, 20 Stat. 394; Sept. 5, 1962, Pub. L.
87-626, 1, 2, 76 Stat. 427; Jan. 2, 1975, Pub. L. 93-608, 2(6), 88
Stat. 1971; Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat. 1000.)
Subsec. (a) of this section is from act Mar. 3, 1879. Subsecs. (b)
and (c) of this section are sections 1 and 2, respectively, of Pub. L.
87-626.
Provisions of subsec. (a) of this section which limited the salary
of the Director of the Geological Survey to $6,000 a year were omitted
as obsolete. See section 5316 of Title 5, Government Organization and
Employees.
1975 -- Subsec. (c). Pub. L. 93-608 substituted requirement of an
annual report for requirement of a semiannual report.
''United States Geological Survey'' substituted for ''Geological
Survey'' in subsecs. (a) and (b) pursuant to provision of title I of
Pub. L. 102-154, which provided: ''That the Geological Survey (43 U.
S.C. 31(a)) shall hereafter (on and after Nov. 13, 1991) be designated
the United States Geological Survey.''
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Pub. L. 100-441, Sept. 22, 1988, 102 Stat. 1760, provided: ''That
this Act may be cited as the 'Continental Scientific Drilling and
Exploration Act'.
''SEC. 2. PURPOSES.
''The purpose of this Act is to --
''(1) implement section 323 of the joint resolution entitled 'Joint
Resolution making continuing appropriations for the fiscal year 1985,
and for other purposes', approved October 12, 1984 (Public Law 98-473;
98 Stat. 1875) (set out below) which supports and encourages the
development of a national Continental Scientific Drilling Program;
''(2) enhance fundamental understanding of the composition,
structure, dynamics, and evolution of the continental crust, and how
such processes affect natural phenomena such as earthquakes, volcanic
eruptions, transfer of geothermal energy, distribution of mineral
deposits, the occurrence of fossil fuels, and the nature and extent of
aquifers;
''(3) advance basic earth sciences research and technological
development;
''(4) obtain critical data regarding the earth's crust relating to
isolation of hazardous wastes; and
''(5) develop a long-range plan for implementation of the Continental
Scientific Drilling Program.
''SEC. 3. FINDINGS.
''Congress finds that --
''(1) because the earth provides energy, minerals, and water, and is
used as a storage medium for municipal, chemical, and nuclear waste, an
understanding of the processes and structures in the earth's crust is
essential to the well being of the United States;
''(2) there is a need for developing long-range plans for a United
States Continental Scientific Drilling Program; and
''(3) the Continental Scientific Drilling Program would enhance --
''(A) understanding of the crustal evolution of the earth and the
mountain building processes;
''(B) understanding of the mechanisms of earthquakes and volcanic
eruptions and the development of improved techniques for prediction;
''(C) understanding of the development and utilization of geothermal
and other energy sources and the formation of and occurrence of mineral
deposits;
''(D) understanding of the migration of fluids in the earth's crust
for evaluation of waste contamination and the development of more
effective techniques for the safe subsurface disposal of hazardous
wastes;
''(E) understanding and definition of the size, source, and more
effective use of aquifers and other water resources; and
''(F) evaluation and verification of surface geophysical techniques
needed for exploring and monitoring the earth's crust.
''SEC. 4. IMPLEMENTATION OF CONTINENTAL SCIENTIFIC DRILLING PROGRAM.
''The Secretary of the Department of Energy, the Secretary of the
Department of the Interior through the United States Geological Survey,
and the Director of the National Science Foundation shall implement the
policies of section 323 of the joint resolution entitled 'Joint
Resolution making continuing appropriations for the fiscal year 1985,
and for other purposes', approved October 12, 1984 (Public Law 98-473;
98 Stat. 1875) (set out below) by --
''(1) taking such action as necessary to assure an effective,
cooperative effort in furtherance of the Continental Scientific Drilling
Program of the United States;
''(2) taking all reasonable administrative and financial measures to
assure that the Interagency Accord on Continental Scientific Drilling
continues to function effectively in support of such program;
''(3) assuring the continuing effective operation of the Interagency
Coordinating Group to further the objectives of such program;
''(4) taking such action to assure that the Interagency Coordinating
Group receives appropriate cooperation from any Federal agency that can
contribute to the objectives of such program, without adversely
affecting any program or activity of such agency;
''(5) acting through the Interagency Coordinating Group, preparing
and submitting to the Congress, within one hundred and eighty days after
the enactment of this Act (Sept. 22, 1988) a report describing --
''(A) long and short-term policy objectives and goals of the United
States Continental Scientific Drilling Program;
''(B) projected schedules of desirable scientific and engineering
events that would advance United States objectives in the Continental
Scientific Drilling Program;
''(C) the levels of resources and funding for fiscal year 1989 that
would be required by each participating Federal agency to carry out
events pursuant to subparagraphs (A) and (B);
''(D) the scientific, economic, technological, and social benefits
expected to be realized through the implementation of such program at
each level described in subparagraph (C);
''(E) a recommended course for interaction with the international
community in a cooperative effort to achieve the goals and purposes of
this Act;
''(F) the extent of participation or interest shown to date in the
Continental Scientific Drilling Program by --
''(i) any other governmental agency;
''(ii) any academic institution;
''(iii) any organization in the private sector; and
''(iv) any governmental or other entity in the international
community;
''(G) a plan to develop beneficial cooperative relationships among
the entities mentioned in subparagraph (F), to the extent that the
Interagency Coordinating Group deems practicable; and
''(H) any other information or recommendations that the Interagency
Coordinating Group deems appropriate; and
''(6) submitting to the Congress annually, beginning one year after
the submission of a report under paragraph (5), a report describing the
levels of resources and funding that would be required by each
participating Federal agency for the next fiscal year to carry out
events pursuant to paragraph (5)(A) and (B).''
Pub. L. 98-473, title I, 101(c) (title III, 323), Oct. 12, 1984, 98
Stat. 1837, 1875, provided that: ''It is the sense of the Congress
that the Continental Scientific Drilling Program is an important
national scientific endeavor, benefiting the commerce of the Nation,
which should be vigorously pursued by Government and the private sector.
The Continental Scientific Drilling Program is an important national
scientific endeavor that is vital to the understanding of the geologic
evolution of the Earth and the economic value of its resources; the
most effective and efficient means of realizing the fullest potential in
the Continental Scientific Drilling Program is through a cooperative
effort by the Department of Energy, the National Science Foundation, and
the United States Geological Survey; many important commercial and
scientific advances may result from the Continental Scientific Drilling
Program; and many foreign nations are engaged in a comparable deep
drilling program, and cooperation and coordination would be beneficial
to United States efforts. It is the sense of the Congress that --
''(1) the Continental Scientific Drilling Program is an important
national scientific endeavor by the United States which should be
enthusiastically implemented through a joint cooperative effort among
the United States Department of Energy, the National Science Foundation,
and the United States Geological Survey;
''(2) the private sector should be encouraged to support the
Continental Scientific Drilling Program and the participating agencies
should solicit appropriate private sector participation in such program;
and
''(3) the United States Government should cooperate to the extent
practicable with the international community in developing this
important scientific and technical activity.''
43 USC 32. Acting Director
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may authorize one of the geologists to
act as Director of the United States Geological Survey in the absence of
that officer.
(July 31, 1894, ch. 174, 1, 28 Stat. 197; Nov. 13, 1991, Pub. L.
102-154, title I, 105 Stat. 1000.)
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 33. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 43 -- PUBLIC LANDS
Section, act June 16, 1880, ch. 235, 21 Stat. 274, authorized
Secretary of War to detail officers of Ordnance Corps to serve with
Geological Survey.
43 USC 34. Scientific employees
TITLE 43 -- PUBLIC LANDS
The scientific employees of the United States Geological Survey shall
be selected by the Director, subject to the approval of the Secretary of
the Interior exclusively for their qualifications as professional
experts.
(July 7, 1884, ch. 332, 23 Stat. 212; Nov. 13, 1991, Pub. L.
102-154, title I, 105 Stat. 1000.)
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 35. Repealed. Pub. L. 87-304, 9(a)(2), Sept. 26, 1961, 75 Stat.
664
TITLE 43 -- PUBLIC LANDS
Section, act June 30, 1906, ch. 3914, 1, 34 Stat. 727, authorized
scientific and other employees of the United States Geological Survey
employed in the field to make assignments of pay, and that they be
reimbursed for expenses incurred in the discharge of duty in the field
and paid from personal funds. See section 5525 of Title 5, Government
Organization and Employees.
43 USC 36. Purchase of books
TITLE 43 -- PUBLIC LANDS
The purchase of professional and scientific books and periodicals
needed for statistical purposes by the scientific divisions of the
United States Geological Survey is authorized to be made and paid for
out of appropriations made for the said Survey.
(June 28, 1902, ch. 1301, 1, 32 Stat. 455.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 36a. Acquisition of scientific or technical books, maps, etc.,
for library
TITLE 43 -- PUBLIC LANDS
The Director of the United States Geological Survey, under the
general supervision of the Secretary of the Interior, is authorized to
acquire for the United States, by gift or devise, scientific or
technical books, manuscripts, maps, and related materials, and to
deposit the same in the library of the United States Geological Survey
for reference and use as authorized by law.
(May 14, 1940, ch. 190, 54 Stat. 212; Nov. 13, 1991, Pub. L.
102-154, title I, 105 Stat. 1000.)
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 36b. Acquisition of lands or interests therein for use in gaging
streams or underground water resources
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may, on behalf of the United States and
for use by the United States Geological Survey in gaging streams and
underground water resources, acquire lands by donation or when funds
have been appropriated by Congress by purchase or condemnation, but not
in excess of ten acres for any one stream gaging station or observation
well site. For the same purpose the Secretary of the Interior may
obtain easements, licenses, rights-of-way, and leases limited to run for
such a period of time or term of years as may be required for the
effective performance of the function of gaging streams and underground
water resources: Provided, That nothing in this section shall be
construed as affecting or intended to affect or in any way to interfere
with the laws of any State or Territory relating to the control,
appropriation, use, or distribution of water used in irrigation, or any
vested right acquired thereunder, and the Secretary of the Interior, in
carrying out the provisions of this section, shall proceed in conformity
with such laws, and nothing in this section shall in any way affect any
right of any State or of the Federal Government or of any landowner,
appropriator, or user of water, in, to, or from any interstate stream or
the waters thereof.
(Dec. 24, 1942, ch. 822, 56 Stat. 1086; Apr. 4, 1960, Pub. L.
86-406, 74 Stat. 14; Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat.
1000.)
1960 -- Pub. L. 86-406 authorized Secretary of the Interior to
acquire lands and interests in lands for observation well sites to gage
underground water resources.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
43 USC 36c. Acceptance of contributions from public and private
sources; cooperation with other agencies in prosecution of projects
TITLE 43 -- PUBLIC LANDS
In fiscal year 1987 and thereafter the United States Geological
Survey is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private.
(Pub. L. 99-500, 101(h) (title I), Oct. 18, 1986, 100 Stat.
1783-242, 1783-252, and Pub. L. 99-591, 101(h) (title I), Oct. 30, 1986,
100 Stat. 3341-242, 3341-252; Pub. L. 102-154, title I, Nov. 13, 1991,
105 Stat. 1000.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
43 USC 37. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act June 12, 1917, ch. 27, 40 Stat. 144, related to
purchases or services for the Geological Survey, was omitted as
superseded. See sections 471 et seq. and 751 et seq. of Title 40,
Public Buildings, Property, and Works, section 201 et seq. of Title 41,
Public Contracts, and sections 2101 et seq., 2501 et seq., 2901 et seq.,
and 3101 et seq. of Title 44, Public Printing and Documents.
43 USC 38. Topographic surveys; marking elevations
TITLE 43 -- PUBLIC LANDS
In making topographic surveys west of the ninety-fifth meridian
elevations above a base level located in each area under survey shall be
determined and marked on the ground by iron or stone posts or permanent
bench marks, at least two such posts or bench marks to be established in
each township, or equivalent area, except in the forest-clad and
mountain areas, where at least one shall be established, and these shall
be placed, whenever practicable, near the township corners of the
public-land surveys; and in the areas east of the ninety-fifth meridian
at least one such post or bench mark shall be similarly established in
each area equivalent to the area of a township of the public land
surveys.
(June 11, 1896, ch. 420, 29 Stat. 435.)
43 USC 39, 40. Omitted
TITLE 43 -- PUBLIC LANDS
Section 39, act Feb. 27, 1925, ch. 360, 1, 43 Stat. 1011,
authorized the President to complete a general utility topographical
survey of the territory of the United States within a period of twenty
years from Feb. 27, 1925.
Section 40, act Feb. 27, 1925, ch. 360, 2, 43 Stat. 1011, related
to cooperative agreements with States to expedite completion of
topographical survey.
43 USC 41. Publications and reports; preparation and sale
TITLE 43 -- PUBLIC LANDS
Except as otherwise provided in section 1318 of title 44, the
publications of the United States Geological Survey shall consist of
geological and economic maps, illustrating the resources and
classification of the lands, and reports upon general and economic
geology and paleontology. All special memoirs and reports of said
survey shall be issued in uniform quarto series if deemed necessary by
the director, but otherwise in ordinary octavos. Three thousand copies
of each shall be published for scientific exchanges and for sale at the
price of publication, and all literary and cartographic materials
received in exchange shall be the property of the United States and form
a part of the library of the organization; and the money resulting from
the sale of such publications shall be covered into the Treasury of the
United States, under the direction of the Secretary of the Interior.
(Mar. 3, 1879, ch. 182, 20 Stat. 394; Aug. 7, 1946, ch. 770, 1( 10),
60 Stat. 867; Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat.
1000.)
''Section 1318 of title 44'' substituted in text for ''section 260 of
title 44'' on authority of Pub. L. 90-620, 2(b), Oct. 22, 1968, 82
Stat. 1238, the first section of which enacted Title 44, Public
Printing and Documents.
The words ''Except as otherwise provided in section 260 of title 44''
were originally inserted in text to avoid conflict with the provisions
of such section 260 of title 44, as set out prior to the general
revision of title 44 by Pub. L. 90-620, derived from Joint Res. May
16, 1902, No. 22.
1946 -- Act Aug. 7, 1946, repealed all provisions requiring
preparation, and transmission by Secretary of the Interior, of an annual
report of operations.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 42. Distribution of maps and atlases, etc.
TITLE 43 -- PUBLIC LANDS
The Director of the United States Geological Survey is authorized and
directed, on the approval of the Secretary of the Interior, to dispose
of the topographic and geologic maps and atlases of the United States,
made and published by the United States Geological Survey, at such
prices and under such regulations as may from time to time be fixed by
him and approved by the Secretary of the Interior; and a number of
copies of each map or atlas, not exceeding five hundred, shall be
distributed gratuitously among foreign governments and departments of
our own Government to literary and scientific associations, and to such
educational institutions or libraries as may be designated by the
Director of the Survey and approved by the Secretary of the Interior.
On and after June 7, 1924, the distribution of geological publications
to libraries designated as special depositaries of such publications
shall be discontinued.
(Feb. 18, 1897, No. 13, 1, 29 Stat. 701; June 7, 1924, ch. 303, 43
Stat. 592; Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat. 1000.)
The first sentence is from Joint Res. Feb. 18, 1897; the second
sentence is from act June 7, 1924.
Joint Res. Feb. 18, 1897 superseded a provision contained in act
June 11, 1896, ch. 420, 29 Stat. 436, authorizing the sale of
topographical maps with text at cost and ten per centum added.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Prices for sales copies of Government publications, see section 1708
of Title 44, Public Printing and Documents.
43 USC 42a. Use of receipts from sale of maps for map printing and
distribution
TITLE 43 -- PUBLIC LANDS
In fiscal year 1984 and thereafter, all receipts from the sale of
maps sold or stored by the United States Geological Survey shall be
available for map printing and distribution to supplement funds
otherwise available, to remain available until expended.
(Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 926; Pub. L.
102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
43 USC 43. Copies to Senators, Representatives, and Delegates
TITLE 43 -- PUBLIC LANDS
One copy of each map and atlas shall be sent to each Senator and each
Representative and Delegate in Congress, if published within his term;
and a second copy shall be placed at the disposal of each such Senator,
Representative and Delegate
(Feb. 18, 1897, No. 13, 2, 29 Stat. 701.)
43 USC 44. Sale of transfers or copies of data
TITLE 43 -- PUBLIC LANDS
The Director of the United States Geological Survey shall, if the
regular map work of the Survey is in no wise interfered with thereby,
furnish to any person, concern, institution, State or foreign
government, that shall pay in advance the whole cost thereof with 10 per
centum added, transfers or copies of any cartographic or other engraved
or lithographic data in the division of engraving and printing of the
Survey, and the moneys received by the Director for such transfers or
copies shall be deposited in the Treasury.
(June 30, 1906, ch. 3914, 34 Stat. 727; Nov. 13, 1991, Pub. L.
102-154, title I, 105 Stat. 1000.)
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 45. Production and sale of copies of photographs and records;
disposition of receipts
TITLE 43 -- PUBLIC LANDS
The Director of the United States Geological Survey on and after
March 4, 1909 may produce and sell on a reimbursable basis to interested
persons, concerns, and institutions, copies of aerial or other
photographs and mosaics that have been obtained in connection with the
authorized work of the United States Geological Survey and photographic
or photostatic reproductions of records in the official custody of the
Director at such prices (not less than the estimated cost of furnishing
such copies or reproductions) as the Director, with the approval of the
Secretary of the Interior, may determine, the money received from such
sales to be deposited in the Treasury to the credit of the appropriation
then current and chargeable for the cost of furnishing copies or
reproductions as herein authorized.
(Mar. 4, 1909, ch. 299, 35 Stat. 989; July 21, 1947, ch. 273, 61
Stat. 398.)
1947 -- Act July 21, 1947, authorized production and sale of aerial
or other photographs and reproductions of records on a reimbursement of
appropriations basis.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 46. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 785,
related to exchange of old freight carrying vehicles as part payment for
new, was from the Interior Department Appropriation Act, 1950, and was
not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior
appropriation acts:
June 29, 1948, ch. 754, 62 Stat. 1133.
July 25, 1947, ch. 337, 61 Stat. 477.
July 1, 1946, ch. 529, 60 Stat. 369.
July 3, 1945, ch. 262, 59 Stat. 343.
June 28, 1944, ch. 298, 58 Stat. 491.
July 12, 1943, ch. 219, 57 Stat. 477.
July 2, 1942, ch. 473, 56 Stat. 537.
June 28, 1941, ch. 259, 55 Stat. 339.
June 18, 1940, ch. 395, 54 Stat. 439.
May 10, 1939, ch. 119, 53 Stat. 719.
May 9, 1938, ch. 187, 52 Stat. 325.
Aug. 9, 1937, ch. 570, 50 Stat. 598.
June 22, 1936, ch. 691, 49 Stat. 1785.
May 9, 1935, ch. 101, 49 Stat. 200.
Mar. 2, 1934, ch. 38, 48 Stat. 382.
Feb. 17, 1933, ch. 98, 47 Stat. 846.
Apr. 22, 1932, ch. 125, 47 Stat. 118.
Feb. 14, 1931, ch. 187, 46 Stat. 1147.
May 14, 1930, ch. 273, 46 Stat. 310.
Mar. 4, 1929, ch. 705, 45 Stat. 1594.
Mar. 7, 1928, ch. 137, 45 Stat. 231.
Jan. 12, 1927, ch. 27, 44 Stat. 961.
May 10, 1926, ch. 277, 44 Stat. 486.
Mar. 3, 1925, ch. 462, 43 Stat. 1172.
June 5, 1924, ch. 264, 43 Stat. 419.
Jan. 24, 1923, ch. 42, 42 Stat. 1208.
May 24, 1922, ch. 199, 42 Stat. 586.
43 USC 47. Repealed. Aug. 7, 1946, ch. 770, 1(11), 60 Stat. 867
TITLE 43 -- PUBLIC LANDS
Section, act May 10, 1926, ch. 277, 44 Stat. 487, required annual
statements and reports of expenditures for the benefit of Indians
relating to the operation of oil and gas leases, and the mining of other
minerals, on Indian lands.
43 USC 48. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act Jan. 12, 1927, ch. 27, 44 Stat. 963, required amounts
received by the Geological Survey from any State, Territory or political
subdivision thereof in carrying on work involving cooperation to be used
in reimbursing the appropriation from which the expense of such work was
paid, was from the act making appropriations for the Department of the
Interior for the fiscal year ending June 30, 1928 and for other
purposes, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following act: May 10,
1926, ch. 277, 44 Stat. 487.
43 USC 49. Extension of cooperative work to Puerto Rico
TITLE 43 -- PUBLIC LANDS
The provisions of law authorizing the making of topographic and
geological surveys and conducting investigations relating to mineral and
water resources by the United States Geological Survey in various
portions of the United States be, and the same are, extended to
authorize such surveys and investigations in Puerto Rico.
(June 17, 1935, ch. 268, 49 Stat. 386.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 50. Survey's share of cost of topographic mapping or water
resources investigations carried on with States
TITLE 43 -- PUBLIC LANDS
The share of the United States Geological Survey in any topographic
mapping or water resources investigations carried on in cooperation with
any State or municipality shall not exceed 50 per centum of the cost
thereof.
(Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat. 1000.)
Section text is based on act July 31, 1953, ch. 298, title I, 1, 67
Stat. 269, as continued for the fiscal year covered by the
appropriation act cited as the credit to this section.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
Similar provisions were contained in the following prior
appropriation acts:
Nov. 5, 1990, Pub. L. 101-512, title I, 104 Stat. 1924.
Oct. 23, 1989, Pub. L. 101-121, title I, 103 Stat. 710.
Sept. 27, 1988, Pub. L. 100-446, title I, 102 Stat. 1790.
Dec. 22, 1987, Pub. L. 100-202, 101(g) (title I), 101 Stat.
1329-213, 1329-224.
Oct. 18, 1986, Pub. L. 99-500, 101(h) (title I), 100 Stat.
1783-242, 1783-252, and Oct. 30, 1986, Pub. L. 99-591, 101(h) (title
I), 100 Stat. 3341-242, 3341-252.
Dec. 19, 1985, Pub. L. 99-190, 101(d) (title I), 99 Stat. 1224,
1231.
Oct. 12, 1984, Pub. L. 98-473, title I, 101(c) (title I), 98 Stat.
1837, 1845.
Nov. 4, 1983, Pub. L. 98-146, title I, 97 Stat. 926.
Dec. 30, 1982, Pub. L. 97-394, title I, 96 Stat. 1972.
Dec. 23, 1981, Pub. L. 97-100, title I, 95 Stat. 1397.
Dec. 12, 1980, Pub. L. 96-514, title I, 94 Stat. 2963.
Nov. 27, 1979, Pub. L. 96-126, title I, 93 Stat. 961.
Oct. 17, 1978, Pub. L. 95-465, title I, 92 Stat. 1285.
July 26, 1977, Pub. L. 95-74, title I, 91 Stat. 290.
July 31, 1976, Pub. L. 94-373, title I, 90 Stat. 1048.
Dec. 23, 1975, Pub. L. 94-165, title I, 89 Stat. 983.
Aug. 31, 1974, Pub. L. 93-404, title I, 88 Stat. 808.
Oct. 4, 1973, Pub. L. 93-120, title I, 87 Stat. 434.
Aug. 10, 1972, Pub. L. 92-369, title I, 86 Stat. 513.
Aug. 10, 1971, Pub. L. 92-76, title I, 85 Stat. 234.
July 31, 1970, Pub. L. 91-361, title I, 84 Stat. 674.
Oct. 29, 1969, Pub. L. 91-98, title I, 83 Stat. 152.
July 26, 1968, Pub. L. 90-425, title I, 82 Stat. 431.
June 24, 1967, Pub. L. 90-28, title I, 81 Stat. 64.
May 31, 1966, Pub. L. 89-435, title I, 80 Stat. 175.
June 28, 1965, Pub. L. 89-52, title I, 79 Stat. 181.
July 7, 1964, Pub. L. 88-356, title I, 78 Stat. 280.
July 26, 1963, Pub. L. 88-79, title I, 77 Stat. 103.
Aug. 9, 1962, Pub. L. 87-578, title I, 76 Stat. 341.
Aug. 3, 1961, Pub. L. 87-122, title I, 75 Stat. 252.
May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 108.
June 23, 1959, Pub. L. 86-60, title I, 73 Stat. 96.
June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 159.
July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 261.
June 13, 1956, ch. 380, title I, 70 Stat. 261.
June 16, 1955, ch. 147, title I, 69 Stat. 145.
July 1, 1954, ch. 446, title I, 68 Stat. 368.
July 31, 1953, ch. 298, title I, 67 Stat. 269.
July 9, 1952, ch. 597, title I, 66 Stat. 454.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 259.
Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 690.
43 USC 50-1. Funds for mappings and investigations considered
intragovernmental funds
TITLE 43 -- PUBLIC LANDS
Beginning October 1, 1990, and thereafter, funds received from any
State, territory, possession, country, international organization, or
political subdivision thereof, for topographic, geologic, or water
resources mapping or investigations involving cooperation with such an
entity shall be considered as intragovernmental funds as defined in the
publication titled ''A Glossary of Terms Used in the Federal Budget
Process''.
(Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1924.)
43 USC 50a. Working capital fund for United States Geological Survey
TITLE 43 -- PUBLIC LANDS
There is hereby established in the Treasury of the United States a
working capital fund to assist in the management of certain support
activities of the United States Geological Survey (hereafter referred to
as the ''Survey''), Department of the Interior. The fund shall be
available on and after November 5, 1990, without fiscal year limitation
for expenses necessary for furnishing materials, supplies, equipment,
work, and services in support of Survey programs, and, as authorized by
law, to agencies of the Federal Government and others. Such expenses may
include computer operations and telecommunications services;
requirements definition, systems analysis, and design services;
acquisition or development of software; systems support services such
as implementation assistance, training, and maintenance; acquisition
and replacement of computer, telecommunications, and related automatic
data processing equipment; and, such other activities as may be
approved by the Secretary of the Interior.
There are authorized to be transferred to the fund, at fair and
reasonable values at the time of transfer, inventories, equipment,
receivables, and other assets, less liabilities, related to the
functions to be financed by the fund as determined by the Secretary of
the Interior: Provided, That the fund shall be credited with
appropriations and other funds of the Survey, and other agencies of the
Department of the Interior, other Federal agencies, and other sources,
for providing materials, supplies, equipment, work, and services as
authorized by law and such payments may be made in advance or upon
performance: Provided further, That charges to users will be at rates
approximately equal to the costs of furnishing the materials, supplies,
equipment, facilities, and services, including such items as
depreciation of equipment and accrued annual leave: Provided further,
That all existing balances as of November 5, 1990, from amortization
fees resulting from the Survey providing telecommunications services and
deposited in a special fund established on the books of the Treasury and
available for payment of replacement or expansion of telecommunications
services as authorized by Public Law 99-190, are hereby transferred to
and merged with the working capital fund, to be used for the same
purposes as originally authorized: Provided further, That funds that
are not necessary to carry out the activities to be financed by the
fund, as determined by the Secretary, shall be covered into
miscellaneous receipts of the Treasury.
(Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L.
102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)
Provisions relating to the special fund authorized by Public Law
99-190, referred to in text, were formerly classified to this section.
See Prior Provisions note below.
A prior section 50a, Pub. L. 99-190, 101(d) (title I), Dec. 19,
1985, 99 Stat. 1224, 1231, related to deposit of amortization fees from
Geological Survey providing telecommunications services.
''United States Geological Survey'' substituted for ''Geological
Survey'' in first undesignated paragraph pursuant to provision of title
I of Pub. L. 102-154, set out as a note under section 31 of this title.
43 USC 50b. Recording of obligations against accounts receivable and
crediting of amounts received; work involving cooperation with State,
Territory, etc.
TITLE 43 -- PUBLIC LANDS
Before, on, and after October 18, 1986, in carrying out work
involving cooperation with any State, Territory, possession, or
political subdivision thereof, the United States Geological Survey may,
notwithstanding any other provision of law, record obligations against
accounts receivable from any such entities and shall credit amounts
received from such entities to this appropriation.
(Pub. L. 99-500, 101(h) (title I), Oct. 18, 1986, 100 Stat.
1783-242, 1783-252, and Pub. L. 99-591, 101(h) (title I), Oct. 30, 1986,
100 Stat. 3341-242, 3341-252; Pub. L. 102-154, title I, Nov. 13, 1991,
105 Stat. 1000.)
This appropriation, referred to in text, probably means
appropriations under the headings ''Geological Survey'' and ''surveys,
investigations, and research'' of the annual Department of the Interior
and Related Agencies Appropriations Act.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
In text, ''Before, on, and after October 18, 1986'' substituted for
''heretofore and hereafter''.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
43 USC 50c. Payment of costs incidental to utilization of services of
volunteers
TITLE 43 -- PUBLIC LANDS
Appropriations herein and on and after December 22, 1987, made shall
be available for paying costs incidental to the utilization of services
contributed by individuals who serve without compensation as volunteers
in aid of work of the United States Geological Survey, and that within
appropriations herein and on and after December 22, 1987, provided,
United States Geological Survey officials may authorize either direct
procurement of or reimbursement for expenses incidental to the effective
use of volunteers such as, but not limited to, training, transportation,
lodging, subsistence, equipment, and supplies: Provided further, That
provision for such expenses or services is in accord with volunteer or
cooperative agreements made with such individuals, private
organizations, educational institutions, or State or local government.
(Pub. L. 100-202, 101(g) (title I), Dec. 22, 1987, 101 Stat.
1329-213, 1329-224; Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat.
1000.)
Appropriations herein, referred to in text, probably means
appropriations under the headings ''Geological Survey'', ''surveys,
investigations, and research'' and ''administrative provisions'', of the
annual Department of the Interior and Related Agencies Appropriations
Act.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of this title.
43 USC CHAPTER 3 -- SURVEYS
TITLE 43 -- PUBLIC LANDS
Sec.
51. Omitted.
52. Surveying duties.
53. Powers devolved on Secretary of the Interior on turning over of
papers to States.
54. Completion of surveys; delivery to States.
55. Field notes delivered to States; access to.
56. Conditions of delivery to States.
57. Authenticated copies or extracts from records as evidence.
58. Transcripts from records of Louisiana.
59. Official papers in office of surveyor general in California;
copies.
60. Stationery for mineral surveys.
61 to 63. Repealed.
43 USC 51. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, which abolished
office of surveyor general and transferred its functions to Field
Surveying Service under Supervisor of Surveys, was superseded by Reorg.
Plan No. 3 of 1946, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100. See note set out under section 1 of this title.
The office of surveyor general abolished in certain States by acts
July 31, 1876, ch. 246, 19 Stat. 121, and Oct. 2, 1888, ch. 1069, 25
Stat. 525, and discontinued in others pursuant to R.S. 2218.
So far as they were not already superseded or obsolete by reason of
abolition or discontinuance of the office, or otherwise, the following
provisions were superseded by former provisions of this section:
R.S. 2207, providing for appointment of surveyors general in States
and territories therein named, and acts Apr. 10, 1890, ch. 77, 1, 26
Stat. 53, and July 24, 1897, ch. 14, 2, 30 Stat. 215, providing for
surveyors general in North and South Dakota and Alaska;
R.S. 2208 to 2211; acts Apr. 10, 1890, ch. 77, 2, 26 Stat. 53;
July 24, 1897, ch. 14, 3, 30 Stat. 215, concerning salaries of
particular surveyors general;
R.S. 2212 to 2214, concerning number and location, of offices, and
place of residence, of surveyors general.
R.S. 2215 and 2216, concerning bonds of surveyors general;
R.S. 2217, concerning duration of term of office of surveyors
general;
R.S. 2226 and 2227, concerning allowances for clerk hire and office
expenses;
Act Mar. 3, 1893, ch. 211, 27 Stat. 709, relative to consolidation
of offices of two or more surveyors general; and provisions of act May
24, 1922, ch. 199, 42 Stat. 556, and prior acts concerning detail of
clerks from office of one surveyor general to another.
43 USC 52. Surveying duties
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior or such officer as he may designate
shall engage a sufficient number of skillful surveyors as his deputies,
to whom he is authorized to administer the necessary oaths upon their
appointments. He shall have authority to frame regulations for their
direction, not inconsistent with law or the instructions of the Bureau
of Land Management, and to remove them for negligence or misconduct in
office.
Second. He shall cause to be surveyed, measured, and marked, without
delay, all base and meridian lines through such points and perpetuated
by such monuments, and such other correction parallels and meridians as
may be prescribed by law or by instructions from the Bureau of Land
Management, in respect to the public lands to which the Indian title has
been or may be extinguished.
Third. He shall cause to be surveyed all private land claims after
they have been confirmed by authority of Congress, so far as may be
necessary to complete the survey of the public lands.
Fourth. He shall transmit to the officer, as the Secretary of the
Interior may designate, of the respective land offices general and
particular plats of all lands surveyed by him for each land district;
and he shall forward copies of such plats to such officer as the
Secretary may designate.
Fifth. He shall, so far as is compatible with the desk duties of his
office, occasionally inspect the surveying operations while in progress
in the field, sufficiently to satisfy himself of the fidelity of the
execution of the work according to contract, and the actual and
necessary expenses incurred by him while so engaged shall be allowed;
and where it is incompatible with his other duties for the Secretary of
the Interior or such officer as he may designate to devote the time
necessary to make a personal inspection of the work in progress, then he
is authorized to depute a confidential agent to make such examination;
and the actual and necessary expenses of such person shall be allowed
and paid for that service, and $5 a day during the examination in the
field; but such examination shall not be protracted beyond thirty days;
and in no case longer than is actually necessary; and when the
Secretary or such officer, or any person employed in his office at a
regular salary, is engaged in such special service, he shall receive
only his necessary expenses in addition to his regular salary.
(R.S. 2223; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
Provisions different from those of the fifth paragraph of this
section, for inspection of surveying operations, were made by several
Sundry Civil Appropriation Acts, in connection with the appropriations
for surveys and resurveys, and limited to the expenditure of the
particular appropriation.
R.S. 2223 derived from acts May 18, 1796, ch. 29, 1, 1 Stat. 464;
Apr. 29, 1816, ch. 151, 1, 3 Stat. 325; Mar. 3, 1831, ch. 116, 1, 4
Stat. 492; Mar. 3, 1853, ch. 145, 3, 10, 10 Stat. 245, 247; Apr.
24, 1874, ch. 127, 18 Stat. 34; Aug. 9, 1876, ch. 256, 19 Stat. 126.
References to Supervisor of Surveys and Commissioner of General Land
Office changed to Secretary of the Interior or such officer as he may
designate, reference to manager changed to officer designated by
Secretary of the Interior, and ''Bureau of Land Management'' substituted
for ''General Land Office'' on authority of section 403 of Reorg. Plan
No. 3 of 1946. See note set out under section 1 of this title.
Previously, references to surveyors general were changed to
supervisor of surveys and provisions limiting application of section to
points ''within his surveying district'' were omitted on authority of
act Mar. 3, 1925, which abolished office of surveyor general and
transferred its activities to Field Surveying Service under jurisdiction
of United States Supervisor of Surveys.
43 USC 53. Powers devolved on Secretary of the Interior on turning over
of papers to States
TITLE 43 -- PUBLIC LANDS
In all cases where, as provided in section 54 of this title, the
field notes, maps, records, and other papers appertaining to land titles
in any State are turned over to the authorities of such State, the same
authority, powers, and duties in relation to the survey, resurvey, or
subdivision of the lands therein, and all matters and things connected
therewith, as previously exercised by the surveyor general, whose
district included such State, shall be vested in, and devolved upon, the
Secretary of the Interior or such officer as he may designate.
(R.S. 2219; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 2219 derived from act Jan. 22, 1853, ch. 24, 1, 10 Stat.
152.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Commissioner of the General Land Office'' on authority
of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
Abolition of office of surveyor general, see note set out under
section 51 of this title.
43 USC 54. Completion of surveys; delivery to States
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior shall take all the necessary measures
for the completion of the surveys in the several surveying districts, at
the earliest periods compatible with the purposes contemplated by law;
and whenever the surveys and records of any such district are completed,
the Secretary of the Interior or such officer as he may designate shall
deliver over to the secretary of state of the respective States,
including such surveys, or to such other officer as may be authorized to
receive them, all the field notes, maps, records, and other papers
appertaining to land titles within the same.
(R.S. 2218; June 5, 1924, ch. 264, 43 Stat. 394; Mar. 3, 1925, ch.
462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100.)
The original text of R.S. 2218 provided for completion of surveys
''in the several surveying-districts for which surveyors general have
been, or may be, appointed'' and also provided that ''the surveyor
general thereof shall be required to deliver over'' all papers
appertaining to land titles within the district, ''and the office of
surveyor general in every such district shall thereafter cease and be
discontinued.'' The references to the surveyors general were omitted in
view of act Mar. 3, 1925 (classified to section 51 of this title)
abolishing office of surveyor general and transferring its activities to
the Field Surveying Service, under the jurisdiction of the U.S.
Supervisor of Surveys. See, also, Transfer of Functions note below.
R.S. 2207, formerly cited as a credit to this section, which
provided for appointment of surveyors general, was superseded by act
Mar. 3, 1925 (classified to section 51 of this title) and repealed by
act Mar. 3, 1933, ch. 202, 1, 47 Stat. 1429.
Act June 5, 1924, appropriated funds for use in making the surveys in
twelve districts.
Act May 25, 1906, ch. 2554, 34 Stat. 199, provided for a survey,
pursuant to R.S. 2218, of unsurveyed lands in Louisiana, and was
omitted.
Provisions of act Oct. 2, 1888, ch. 1069, 25 Stat. 525, which
provided for transfer to State officials of field notes, maps, records
and other papers appertaining to land surveys in Nebraska and Iowa, were
omitted.
All records, etc., belonging to office of recorder of land titles for
Missouri were delivered to State upon discontinuance of office, by
provisions of act June 6, 1874, ch. 223, 3, and act July 31, 1876, ch.
246.
R.S. 2218 derived from acts June 12, 1840, ch. 36, 1, 5 Stat. 384;
July 31, 1876, ch. 246, 19 Stat. 121.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Supervisor of Surveys'' on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
43 USC 55. Field notes delivered to States; access to
TITLE 43 -- PUBLIC LANDS
Under the authority and direction of the Secretary of the Interior or
such officer as he may designate, any deputy surveyor or other agent of
the United States shall have free access to any field notes, maps,
records, and other papers, mentioned in section 53 of this title, for
the purpose of taking extracts therefrom, or making copies thereof,
without charge of any kind.
(R.S. 2220; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
The word ''such'' before ''field notes'' was omitted and the words
''mentioned in section 53 of this title'' were inserted after
''papers,''.
R.S. 2220 derived from act Jan. 22, 1853, ch. 24, 2, 10 Stat.
152.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Commissioner of the General Land Office'' on authority
of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
43 USC 56. Conditions of delivery to States
TITLE 43 -- PUBLIC LANDS
The field notes, maps, records, and other papers mentioned in section
53 of this title, shall in no case be turned over to the authorities of
any State, until such State has provided by law for the reception and
safe-keeping of the same as public records, and for the allowance of
free access to the same by the authorities of the United States.
(R.S. 2221.)
R.S. 2221 derived from acts Jan. 22, 1853, ch. 24, 3, 10 Stat.
152; June 6, 1874, ch. 223, 3, 18 Stat. 62.
43 USC 57. Authenticated copies or extracts from records as evidence
TITLE 43 -- PUBLIC LANDS
Any copy of or extract from the plats, field notes, records, or other
papers of the offices of the former surveyors general for the districts
of Oregon and California, when authenticated by the seal and signature
of the Secretary of the Interior or such officer as he may designate,
shall be evidence in all cases in which the original would be evidence.
(R.S. 2224; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section is from a part of R.S. 2224, as affected by act Mar.
3, 1925. The original text provided for the continuation of the use of
the official seals authorized for the offices of the surveyors general
of Oregon, California, and Louisiana. This provision was superseded by
act Mar. 3, 1925 (classified to section 51 of this title), abolishing
the office of surveyor-general. The rest of the section became
inapplicable to Louisiana upon the discontinuance of the office of
surveyor general of Louisiana pursuant to R.S. 2218. The text of this
section was changed to provide for authentication by the supervisor of
surveys, instead of a surveyor-general, in view of act Mar. 3, 1925
(classified to section 51 of this title) abolishing the office of
surveyor general and transferring its activities to the Field Surveying
Service, under the jurisdiction of the U.S. Supervisor of Surveys. See,
also, Transfer of Functions note below.
R.S. 2224 derived from act Mar. 3, 1853, ch. 145, 2, 11, 10 Stat.
245, 248.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Supervisor of Surveys'' on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Effect of rule 44 on this section, see note by Advisory Committee set
out under that rule.
43 USC 58. Transcripts from records of Louisiana
TITLE 43 -- PUBLIC LANDS
Any copy of a plat of survey, or transcript from the records of the
office of the former surveyor general of Louisiana, duly certified,
shall be admitted as evidence in all the courts of the United States and
the Territories thereof.
(R.S. 2225.)
The word ''former'' was inserted in text before ''surveyor general''
because of the discontinuance of the office of surveyor general in
Louisiana.
R.S. 2225 derived from act Mar. 3, 1831, ch. 116, 5, 4 Stat. 493.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Effect of rule 44 on this section, see note by Advisory Committee set
out under that rule.
43 USC 59. Official papers in office of surveyor general in California;
copies
TITLE 43 -- PUBLIC LANDS
All official books, papers, instruments of writing, documents,
archives, official seals, stamps, or dies, which have been authorized by
law to be collected and deposited in the surveyor general's office in
California, shall be safely and securely kept by the Secretary of the
Interior, or such officer as he may designate, in the archives of his
office until disposed of as provided by law; and copies thereof,
authenticated by the Secretary or such officer under his seal of office,
shall be evidence in all cases where the originals would be evidence.
(R.S. 2229; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct.
25, 1951, ch. 562, 3(3), 65 Stat. 639.)
R.S. 2229 derived from act May 18, 1858, ch. 39, 1, 11 Stat. 289.
1951 -- Act Oct. 25, 1951, inserted ''until disposed of as provided
by law''.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Supervisor of Surveys'' on authority on section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
Previously, ''Supervisor of Surveys'' was substituted for ''surveyor
general'' by act Mar. 3, 1925.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Effect of rule 44 on this section, see note by Advisory Committee set
out under that rule.
Management and disposition of records, see sections 2901 et seq. and
3101 et seq. of Title 44, Public Printing and Documents.
43 USC 60. Stationery for mineral surveys
TITLE 43 -- PUBLIC LANDS
The stationery and drafting instruments purchased on and after March
3, 1901, for exclusive use of the Secretary of the Interior or such
officers as he may designate in the preparation of plats and field notes
of mineral surveys, as also the rent of additional quarters that may be
necessary for the execution of such work, shall be paid for out of the
fund created by deposits made by individuals to the credit of the United
States to cover the cost of office work on such mineral surveys.
(Mar. 3, 1901, ch. 830, 1, 31 Stat. 1003; Mar. 3, 1925, ch. 462, 43
Stat. 1144; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F. R.
7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Field Surveying Service'' on authority of section 403
of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
Previously, ''Field Surveying Service'' substituted for
''surveyors-general'' on authority of act Mar. 3, 1925, which abolished
office of surveyor general and transferred its activities to Field
Surveying Service.
43 USC 61 to 63. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1029
TITLE 43 -- PUBLIC LANDS
Section 61, R.S. 2230; act Mar. 3, 1925, ch. 462, 43 Stat. 1144,
related to bonds for deputy surveyors.
Section 62, R.S. 2231, act Mar. 3, 1925, ch. 462, 43 Stat. 1144,
related to oath of deputy surveyors.
Section 63, R.S. 2232; act Mar. 3, 1925, ch. 462, 43 Stat. 1144,
related to suits on bond of deputy surveyors.
43 USC CHAPTER 4 -- DISTRICT LAND OFFICES
TITLE 43 -- PUBLIC LANDS
Sec.
70 to 74. Repealed or Omitted.
75. Administration of oaths.
75a to 79b. Repealed.
79c. Payment of fees, commissions, etc.; deposit in Treasury.
79d. Alaska land claimant liable for fees, commissions or purchase
money; deposit in Treasury.
80 to 82. Repealed.
83. Transcripts of records as evidence.
84, 85. Repealed or Omitted.
86. Accounting for fees for notices of cancellation of entries.
87, 88. Repealed.
89. Monthly returns of district land offices.
90. Omitted.
91. Deposit in Treasury of unearned fees and unofficial moneys.
92. Lists furnished with deposits.
93. Deposit of moneys deposited by unknown parties.
94. Reimbursement of sums disbursed as special disbursing agents.
95 to 98a. Repealed.
99. Repayment of moneys deposited and covered into Treasury.
100. Disqualification.
101. Report of disqualification; designation of officer to act.
102. Attendance of witnesses.
103. Witnesses' fees.
104. Disobedience to subpoena.
105. Depositions of witnesses residing outside county.
106. Continuing taking of depositions in behalf of opposite party.
107. Penalty for false information.
43 USC 70 to 73. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 632, 638, 645, 646
TITLE 43 -- PUBLIC LANDS
Section 70, act Oct. 28, 1921, ch. 114, 1, 42 Stat. 208,
consolidated offices of register and receiver.
Section 71, act Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for
consolidation of offices of register and receiver, effective July 1,
1925.
Section 72, R.S. 2334; acts Jan. 27, 1898, ch. 10, 30 Stat. 234;
Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
Stat. 1145; 1946 Reorg. Plan No. 3, 403, 11 F.R. 7876, 60 Stat.
1100, related to duties of Secretary of the Interior concerning sale of
public lands.
Section 73, act Oct. 28, 1921, ch. 114, 2, 42 Stat. 208, related
to designation of chief clerk to act in case of death, resignation,
removal, or disability of register.
Provisions similar to section 71 of this title were contained in the
following prior appropriation acts:
Jan. 24, 1923, ch. 42, 42 Stat. 1179.
June 30, 1922, ch. 255, 1, 42 Stat. 766.
May 24, 1922, ch. 199, 42 Stat. 557.
Mar. 24, 1921, ch. 161, 41 Stat. 1397.
June 5, 1920, ch. 235, 41 Stat. 907.
July 19, 1919, ch. 24, 41 Stat. 194.
Act May 24, 1922, ch. 199, 42 Stat. 557, abolished land office at
Springfield and offices of register and receiver thereat.
Act May 2, 1914, ch. 74, 1, 2, 38 Stat. 371, 372, abolished office
of receiver of public moneys at Springfield, Mo., transferred his duties
and custody of books, records, etc., to register, and contained other
provisions concerning register's duties.
Act. Mar. 2, 1895, ch. 177, 3, 28 Stat. 807, required duplication
of reports and returns of registers and receivers to be prevented by
regulations.
Act. Oct. 1, 1890, ch. 1269, 2, 26 Stat. 657, concerned taking of
final proofs by remaining officer in case of a vacancy in office of
register or receiver.
43 USC 74. Omitted
TITLE 43 -- PUBLIC LANDS
Section, R.S. 2228, acts Oct. 28, 1921, ch. 114, 1, 42 Stat. 208;
Mar. 3, 1925, ch. 462, 43 Stat. 1145, which authorized President to
transfer duties of register in any district to Supervisor of Surveys,
was omitted pursuant to Reorg. Plan No. 3 of 1946, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1 of
this title.
43 USC 75. Administration of oaths
TITLE 43 -- PUBLIC LANDS
The officer designated by the Secretary of the Interior is
authorized, and it shall be his duty, to administer any oath required by
law or the instructions of the Bureau of Land Management, in connection
with the entry or purchase of any tract of the public lands; but he
shall not charge or receive, directly or indirectly, any compensation
for administering such oath.
(R.S. 2246; Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925,
ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
The words ''or receiver'' which followed ''register'' in the original
text were omitted, in view of act Mar. 3, 1925 (classified to section
71 of this title), providing for the consolidation of the offices of
register and receiver. See, also, Transfer of Functions note below.
R.S. 2246 derived from act June 12, 1840, ch. 35, 5 Stat. 384.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Reference to ''register'' changed to ''officer designated by the
Secretary of the Interior'' and ''Bureau of Land Management''
substituted for ''General Land Office'' on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
43 USC 75a to 79b. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80
Stat. 632, 645, 646, 652
TITLE 43 -- PUBLIC LANDS
Section 75a, act May 17, 1926, ch. 303, 44 Stat. 558, authorized
administration of oaths by an employee of Department of Interior
designated to act as register.
Section 76, R.S. 2244; acts Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to term of office
of registers.
Section 77, R.S. 2222; acts Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for continuation
of duties and bond of register after expiration of his commission.
Section 78, R.S. 2235; acts Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required register to
reside at place where land office was located.
Section 79, R.S. 2236; acts Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required registers to give
bond in the penal sum of $10,000.
Section 79a, act Apr. 24, 1944, ch. 177, 1, 58 Stat. 215, related
to bond for registers.
Section 79b, act Apr. 24, 1944, ch. 177, 2, 58 Stat. 215, related
to compensation for registers.
43 USC 79c. Payment of fees, commissions, etc.; deposit in Treasury
TITLE 43 -- PUBLIC LANDS
No provision of this Act shall relieve any public land applicant or
claimant from the necessity of making payment of fees, commissions, or
other moneys required by law or regulation. Commencing sixty days after
April 24, 1944, the officials of district land offices shall not receive
any compensation based on fees, commissions, or other receipts and all
amounts collected by them shall be covered into the Treasury of the
United States.
(Apr. 24, 1944, ch. 177, 3, 58 Stat. 215; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This Act, referred to in text, is act Apr. 24, 1944, ch. 177, 58
Stat. 215, as amended, which enacted sections 79a to 79c of this title,
repealed sections 80 and 80a of this title, and enacted provisions set
out as notes under this section. For complete classification of this
Act to the Code, see Tables.
Section 4 of act Apr. 24, 1944, provided: ''Sections 2237 and 2240
of the Revised Statutes and the act of May 21, 1928 (45 Stat. 684; 43
U.S.C., sec. 80), as amended (sections 80 and 80a of this title), are
hereby repealed, and all other provisions of law inconsistent with this
Act (See References in Text note above) are repealed to the extent of
such inconsistency.''
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''officials of district land offices'' substituted for
''registers'' on authority of section 403 of Reorg. Plan No. 3 of
1946. See note set out under section 1 of this title.
Section 5 of act Apr. 24, 1944, provided that the provisions of this
Act (see References in Text note above) not extend to the territory of
Alaska.
43 USC 79d. Alaska land claimant liable for fees, commissions or
purchase money; deposit in Treasury
TITLE 43 -- PUBLIC LANDS
No provision of this Act shall relieve any public land claimant from
the necessity of making payment of fees, commissions, or purchase money
required by law or regulation in connection with an application,
selection, location, or lease of public lands in Alaska, and all such
payments, when made, shall be covered into the Treasury of the United
States.
(Oct. 9, 1942, ch. 584, 5, 56 Stat. 779.)
This Act, referred to in text, is act Oct. 9, 1942, ch. 584, 56
Stat. 778, which enacted sections 79d and 123a of this title and
sections 366 and 367 of Title 48, Territories and Insular Possessions,
amended sections 80 and 751b of this title, repealed sections 366 and
367 of Title 48, and enacted provisions formerly set out as notes under
section 366 of Title 48. For complete classification of this Act to the
Code, see Tables.
Section was formerly classified to section 367a of Title 48,
Territories and Insular Possessions.
43 USC 80, 80a. Repealed. Apr. 24, 1944, ch. 177, 4, 58 Stat. 215
TITLE 43 -- PUBLIC LANDS
Section 80, R.S. 2237, 2240; acts Oct. 28, 1921, ch. 114, 1, 42
Stat. 208; May 21, 1928, ch. 661, 45 Stat. 684; Aug. 22, 1935, ch.
602, 49 Stat. 680; Oct. 9, 1942, ch. 584, 7, 56 Stat. 779, provided
that from and after Sept. 1, 1935, registers should be paid $2,000 per
annum together with fees and commissions limited to $3,600 per annum.
See section 79c of this title.
Section 80a, R.S. 2237, 2240, provided that receivers should be paid
$500 per annum together with fees and commissions limited to $3,000 per
annum. See section 79c of this title.
43 USC 81. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 645, 646
TITLE 43 -- PUBLIC LANDS
Section, R.S. 2243; acts Oct. 28, 1921, ch. 115, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to commencement of
compensation of registers.
43 USC 82. Repealed. Pub. L. 86-649, title II, 202(b), July 14, 1960,
74 Stat. 507
TITLE 43 -- PUBLIC LANDS
Section, R.S. 2238; acts May 14, 1880, ch. 89, 2, 21 Stat. 141;
Dec. 17, 1880, ch. 2, 21 Stat. 311; July 26, 1892, ch. 251, 27 Stat.
270; Mar. 22, 1904, ch. 748, 33 Stat. 144; May 29, 1908, ch. 220,
14, 35 Stat. 468; Jan. 24, 1923, ch. 42, 42 Stat. 1179; June 5,
1924, ch. 264, 43 Stat. 395; Mar. 3, 1925, ch. 462, 43 Stat. 1145,
related to fees and commissions required to be collected by district
land offices. See section 1734 of this title.
43 USC 83. Transcripts of records as evidence
TITLE 43 -- PUBLIC LANDS
Transcripts of the records in the district land offices, when made
and duly certified to by the Secretary of the Interior or such officers
as he may designate for individuals, shall be admitted as evidence in
all courts of the United States and the Territories thereof, and before
all officials authorized to receive evidence, with the same force and
effect as the original records.
(Mar. 22, 1904, ch. 748, 33 Stat. 144; Oct. 28, 1921, ch. 114, 1, 42
Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No.
3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
The words ''and receivers'' which followed ''registers'' in the
original text were omitted as superseded by acts Oct. 28, 1921, and
Mar. 3, 1925, providing for consolidation of the two offices. See,
also, Transfer of Functions note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''district land offices'' substituted for ''offices of
registers'' and ''the Secretary of the Interior or such officers as he
may designate'' substituted for ''them'' on authority of section 403 of
1946 Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Effect of rule 44 on this section, see note by Advisory Committee set
out under that rule.
Government records and papers; copies, see section 1733 of Title 28,
Judiciary and Judicial Procedure.
43 USC 84. Repealed. Pub. L. 86-649, title II, 202(b), July 14, 1960,
74 Stat. 507
TITLE 43 -- PUBLIC LANDS
Section, R.S. 2239; acts Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees for
consolidated land offices. See section 1734 of this title.
43 USC 85. Omitted
TITLE 43 -- PUBLIC LANDS
Section, acts Mar. 3, 1887, ch. 362, 24 Stat. 526; Oct. 28, 1921,
ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
May 21, 1928, ch. 661, 45 Stat. 684, which required all fees collected
by registers which would increase their salaries beyond a certain amount
to be covered into the Treasury, except for certain clerical fees, was
superseded by sections 79c and 79d of this title, which require all fees
to be covered into the Treasury.
43 USC 86. Accounting for fees for notices of cancellation of entries
TITLE 43 -- PUBLIC LANDS
On and after March 4, 1911, all money or fees received or collected
by the Secretary of the Interior or such officers as he may designate of
United States land offices for issuing notices of cancellation of
entries shall be reported and accounted for by the Secretary or such
officers in the same manner as other fees or moneys received or
collected.
(Mar. 4, 1911, ch. 261, 1, 2, 36 Stat. 1352; 1946 Reorg. Plan No.
3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
References to ''registers of United States land offices'' and ''such
registers'' changed to ''Secretary of the Interior or such officers as
he may designate'' and ''the Secretary or such officers'', respectively,
on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
set out under section 1 of this title.
43 USC 87, 88. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632, 634, 645, 646
TITLE 43 -- PUBLIC LANDS
Section 87, acts Mar. 3, 1883, ch. 101, 2, 22 Stat. 484; Oct.
28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145; 1946 Reorg. Plan No. 3, 403, 11 F.R. 7876, 60 Stat. 1100,
related to plats of townships and lists of lands sold.
Section 88, R.S. 2242; acts Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to receipt of
illegal fees by registers.
43 USC 89. Monthly returns of district land offices
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior or such officer as he may designate
shall make to the Secretary of the Treasury monthly returns of the
moneys received in district land offices, and pay over such money
pursuant to his instructions.
(R.S. 2245; Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925,
ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100.)
The office of receiver consolidated with that of register by act Mar.
3, 1925, under a register only, the office of receiver being abolished.
See, also, Transfer of Functions note below.
R.S. 2245 derived from act July 4, 1836, ch. 352, 9, 5 Stat. 111.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''registers'', ''district land offices'' substituted for
''their several offices'', and former last sentence relating to returns
to Commissioner of the General Land Office omitted on authority of
section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
43 USC 90. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act July 1, 1946, ch. 529, 60 Stat. 352, which required
authorization of Commissioner of the General Land Office for expenses
chargeable to the Government incurred by registers, was omitted pursuant
to Reorg. Plan No. 3 of 1946, 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, set out as a note under section 1 of this title, which
abolished the offices of registers and Commissioner of the General Land
Office. Section was not repeated in the Interior Department
Appropriation Act, 1948, act July 25, 1947, ch. 337, 61 Stat. 460.
Similar provisions were contained in the following prior
appropriation acts:
July 3, 1945, ch. 262, 59 Stat. 323.
June 28, 1944, ch. 298, 58 Stat. 468.
July 12, 1943, ch. 219, 57 Stat. 455.
July 2, 1942, ch. 473, 56 Stat. 511.
June 28, 1941, ch. 259, 55 Stat. 310.
June 18, 1940, ch. 395, 54 Stat. 412.
May 10, 1939, ch. 119, 53 Stat. 692.
May 9, 1938, ch. 187, 52 Stat. 297.
Aug. 9, 1937, ch. 570, 50 Stat. 569.
June 22, 1936, ch. 691, 49 Stat. 1762.
May 9, 1935, ch. 101, 49 Stat. 180.
Mar. 2, 1934, ch. 38, 48 Stat. 366.
Feb. 17, 1933, ch. 98, 47 Stat. 823.
Apr. 22, 1932, ch. 125, 47 Stat. 93.
Feb. 14, 1931, ch. 187, 46 Stat. 1117.
May 14, 1930, ch. 273, 46 Stat. 283.
Mar. 4, 1929, ch. 705, 45 Stat. 1565.
Mar. 7, 1938, ch. 137, 45 Stat. 203.
Jan. 12, 1927, ch. 27, 44 Stat. 938.
May 10, 1926, ch. 277, 44 Stat. 457.
June 5, 1924, ch. 264, 43 Stat. 395.
Jan. 24, 1923, ch. 42, 42 Stat. 1179.
May 24, 1922, ch. 199, 42 Stat. 557.
June 12, 1917, ch. 27, 40 Stat. 142.
Mar. 3, 1915, ch. 75, 38 Stat. 855.
43 USC 91. Deposit in Treasury of unearned fees and unofficial moneys
TITLE 43 -- PUBLIC LANDS
Officers of district land officers, as designated by the Secretary of
the Interior are authorized, under the direction of the Secretary of the
Interior or such officer as he may designate, to deposit to the credit
of the Treasurer of the United States all unearned fees and unofficial
moneys that have been carried upon the books of their respective offices
for a period of five years or more, which sums shall be covered into the
Treasury by warrant and carried to the credit of the parties from whom
such fees or moneys were received, and into an appropriation account to
be denominated ''Outstanding liabilities.''
(Mar. 2, 1907, ch. 2562, 1, 34 Stat. 1245; Oct. 28, 1921, ch. 114,
1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section, as originally enacted, related to receivers of public
moneys for land districts. The office of receiver was consolidated with
that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which
the office of receiver was abolished. See, also, Transfer of Functions
note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officers of district land offices, as designated by the Secretary
of the Interior,'' substituted for ''registers'' and ''Secretary of the
Interior or such officer as he may designate'' substituted for
''Commissioner of the General Land Office'' on authority of section 403
of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
Effective July 1, 1935, the appropriation provided for in this
section was repealed and provision was made for annual appropriations of
sums necessary to meet expenditures by act June 26, 1934, ch. 756, 17,
48 Stat. 1230, which was repealed by Pub. L. 97-258, 5(b), Sept. 13,
1982, 96 Stat. 1074. See section 1322 of Title 31, Money and Finance.
43 USC 92. Lists furnished with deposits
TITLE 43 -- PUBLIC LANDS
At the time of making such deposit the officer designated by the
Secretary of the Interior shall furnish a list showing the date when the
money was paid to him or to his predecessor; the names and residences
of the parties; the purposes of the payments and the amounts thereof,
which list shall bear the certificate of the officer that the same is
correct; that the amounts are due and payable; that diligence has been
exercised to return the same, and that the sums specified have remained
unclaimed for a period of five years or more.
(Mar. 2, 1907, ch. 2562, 2, 34 Stat. 1245; Oct. 28, 1921, ch. 114,
1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section, as originally enacted, related to receivers of public
moneys for land districts. The office of receiver was consolidated with
that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which
the office of receiver was abolished. See, also, Transfer of Functions
note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''officer designated by the Secretary of the Interior'' and
''officer'' substituted for ''register'' on authority of section 403 of
Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
title.
43 USC 93. Deposit of moneys deposited by unknown parties
TITLE 43 -- PUBLIC LANDS
Amounts that appear in the accounts of a district land office as
''Moneys deposited by unknown parties'' shall also be deposited to the
credit of the Treasurer of the United States, accompanied by a list
showing the amount and, if possible, the date of the receipt of each
item; which list shall bear the certificate of the officer designated
by the Secretary of the Interior that, after careful investigation, the
ownership of said moneys could not be determined, and that they have
been reported in the unearned fees and unofficial moneys accounts for
five years or more.
(Mar. 2, 1907, ch. 2562, 3, 34 Stat. 1245; Oct. 28, 1921, ch. 114,
1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section, as originally enacted, related to receivers of public
moneys for land districts. The office of receiver was consolidated with
that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which
the office of receiver was abolished. See, also, Transfer of Functions
note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''the accounts of a district land office'' substituted for ''a
register's accounts'' and ''officer designated by the Secretary of the
Interior'' substituted for ''register'' on authority of section 403 of
1946 Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
43 USC 94. Reimbursement of sums disbursed as special disbursing agents
TITLE 43 -- PUBLIC LANDS
The Secretary of the Treasury is authorized and directed to pay, out
of any unexpended balances of appropriations for contingent expenses of
land offices, for the expenses of hearings in land entries and the
expenses of depositing public moneys, such sums as have been or may be
disbursed by officers designated by the Secretary of the Interior acting
as special disbursing agents at United States land offices, before the
receipt of Government funds: Provided, That no payment shall be made
under this section in excess of the amount appropriated by the Congress
for the particular purpose in each instance and for the fiscal year in
which such disbursements were made: Provided, That all such
disbursements shall have been or shall be made in pursuance of law in
carrying out departmental regulations or to meet authorizations by the
Secretary of the Interior or such officer as he may designate: Provided
further, That the accounts containing such items shall have been duly
approved by the Secretary of the Interior or such officer as he may
designate.
(Mar. 2, 1907, ch. 2563, 34 Stat. 1245; Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section, as originally enacted, referred to receivers of public
moneys. The office of receiver was consolidated with that of register
by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of
receiver was abolished. See, also, Transfer of Functions note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officers designated by the Secretary of the Interior'' substituted
for ''registers'' and ''Secretary of the Interior or such officer as he
may designate'' substituted for ''Commissioner of the General Land
Office'' on authority of section 403 of Reorg. Plan No. 3 of 1946. See
note set out under section 1 of this title.
43 USC 95 to 98a. Repealed. Pub. L. 86-649, title II, 204(b), July 14,
1960, 74 Stat. 507
TITLE 43 -- PUBLIC LANDS
Section 95, acts Mar. 26, 1908, ch. 102, 1, 35 Stat. 48; Dec.
11, 1919, ch. 5, 41 Stat. 366, related to repayment of purchase moneys
paid under applications rejected.
Section 96, acts Mar. 26, 1908, ch. 102, 2, 35 Stat. 48; Dec.
11, 1919, ch. 5, 41 Stat. 366, related to repayment of excess
payments.
Section 97, acts Mar. 26, 1908, ch. 102, 3, 35 Stat. 48; Dec.
11, 1919, ch. 5, 41 Stat. 366; 1946 Reorg. Plan No. 3, 403, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to certification of
amount of excess moneys and repayment.
Section 98, act Mar. 26, 1908, ch. 102, 4, as added Dec. 11, 1919,
ch. 5, 41 Stat. 367, related to rules and regulations.
Section 98a, act June 27, 1930, ch. 642, 46 Stat. 822, made
sections 95 to 98 of this title applicable to all payments in excess of
lawful requirements made under statutes relating to disposition of
public lands.
43 USC 99. Repayment of moneys deposited and covered into Treasury
TITLE 43 -- PUBLIC LANDS
Any person or persons who shall have made payment to an officer
designated by the Secretary of the Interior or to his predecessor, and
the money shall have been covered into the Treasury pursuant to section
91 or 93 of this title, shall, on presenting satisfactory evidence of
such payment to the General Accounting Office, be entitled to have the
same returned by the settlement of an account and the issuing of a
warrant in his favor according to the practice in other cases of
authorized and liquidated claims against the United States: Provided,
That when such moneys shall remain unclaimed in the Treasury for more
than five years the right to recover the same shall be barred:
Provided, That no homestead entryman shall be required to make payment
of the purchase money on any application to make a cash entry until the
same shall have been approved by the officer designated by the Secretary
of the Interior, but such payment shall be made within ten days after
notice of such approval.
(Mar. 2, 1907, ch. 2562, 4, 34 Stat. 1245; June 10, 1921, ch. 18,
title III, 304, 42 Stat. 24; Oct. 28, 1921, ch. 114, 1, 42 Stat. 208;
Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section, as originally enacted, related to receivers of public
moneys for land districts. The office of receiver was consolidated with
that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which
the office of receiver was abolished. See, also, Transfer of Functions
note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''officer designated by the Secretary of the Interior''
substituted for ''register'' on authority of section 403 of Reorg. Plan
No. 3 of 1946. See note set out under section 1 of this title.
''General Accounting Office'' substituted for ''proper officer of the
Treasury Department'' pursuant to act June 10, 1921, which transferred
all powers and duties of the Comptroller, six auditors, and certain
other employees of the Treasury to the General Accounting Office. See
section 701 et seq. of Title 31, Money and Finance.
Moneys received as ''unearned moneys, lands,'' to be deposited into
Treasury and be available for refunds, see section 1323 of Title 31,
Money and Finance.
Unobligated balances under account for ''outstanding liabilities,''
to be covered into trust fund receipt account in Treasury designated as
''Unclaimed Moneys of Individuals Whose Whereabouts Are Unknown,'' see
section 1322 of Title 31.
43 USC 100. Disqualification
TITLE 43 -- PUBLIC LANDS
No officer shall receive evidence in, hear, or determine any cause
pending in any district land office in which cause he is interested
directly or indirectly, or has been of counsel, or where he is related
to any of the parties in interest by consanguinity or affinity within
the fourth degree, computing by the rules adopted by the common law.
(Jan. 11, 1894, ch. 10, 1, 28 Stat. 26; Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
This section, as originally enacted, was applicable to both registers
and receivers. The office of receiver was abolished by acts Oct. 28,
1921, and Mar. 3, 1925, which consolidated the two offices. See, also,
Transfer of Functions note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Word ''officer'' substituted for ''register'' on authority of section
403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
43 USC 101. Report of disqualification; designation of officer to act
TITLE 43 -- PUBLIC LANDS
It shall be the duty of every officer so disqualified to report the
fact of his disqualification to the Secretary of the Interior or such
officer as he may designate as soon as he shall ascertain it, and before
the hearing of such cause, who thereupon, with the approval of the
Secretary of the Interior, shall designate some other officer or special
agent of the Land Department to act in the place of the disqualified
officer, and the same authority is conferred on the officer so
designated which such officer would otherwise have possessed to act in
such case.
(Jan. 11, 1894, ch. 10, 2, 28 Stat. 26; Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Word ''officer'' substituted for ''register'' and ''Secretary of the
Interior or such officer as he may designate'' substituted for
''Commissioner of the General Land Office'' on authority of section 403
of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United States
Supervisor of Surveys.
43 USC 102. Attendance of witnesses
TITLE 43 -- PUBLIC LANDS
Officers of district land offices designated by the Secretary of the
Interior in all matters requiring a hearing before them are authorized
and empowered to issue subpoenas directing the attendance of witnesses,
which subpoenas may be served by any person by delivering a true copy
thereof to such witness, and when served, witnesses shall be required to
attend in obedience thereto: Provided, That if any subpoena be served
under the provisions of this section by any person other than an officer
authorized by the laws of the United States, or of the State or
Territory in which the depositions are taken, the service thereof shall
be proved by the affidavit of the person serving the same: Provided
further, That said subpoenas shall be served within the county in which
attendance is required, and at least five days before attendance is
required.
(Jan. 31, 1903, ch. 344, 1, 32 Stat. 790; Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
The original text of this section referred to both registers and
receivers, but reference to the latter was omitted in view of the
abolition of such office under acts Oct. 28, 1921, and Mar. 3, 1925,
which provided for the consolidation of the two offices under a register
only. See, also, Transfer of Functions note below.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officers of district land offices designated by the Secretary of
the Interior'' substituted for ''Registers of the land office, or either
of them,'' on authority of section 403 of Reorg. Plan No. 3 of 1946.
See note set out under section 1 of this title.
43 USC 103. Witnesses' fees
TITLE 43 -- PUBLIC LANDS
Witnesses shall have the right to receive their fee for one day's
attendance and mileage in advance. The fees and mileage of witnesses
shall be the same as that provided by law in the district courts of the
United States in the district in which such land offices are situated;
and the witness shall be entitled to receive his fee for attendance in
advance from day to day during the hearing.
(Jan. 31, 1903, ch. 344, 2, 32 Stat. 790.)
Evidence; witnesses, see section 1821 et seq. of Title 28,
Judiciary and Judicial Procedure.
43 USC 104. Disobedience to subpoena
TITLE 43 -- PUBLIC LANDS
Any person willfully neglecting or refusing obedience to such
subpoena, or neglecting or refusing to appear and testify when
subpoenaed, his fees having been paid if demanded, shall be deemed
guilty of a misdemeanor, for which he shall be punished by indictment in
the district court of the United States or in the district courts of the
Territories exercising the jurisdiction of district courts of the United
States. The punishment for such offense, upon conviction, shall be a
fine of not more than $200, or imprisonment not to exceed ninety days,
or both, at the discretion of the court: Provided, That if such witness
has been prevented from obeying such subpoena without fault upon his
part he shall not be punished under the provisions of this section.
(Jan. 31, 1903, ch. 344, 3, 32 Stat. 790; Mar. 3, 1911, ch. 231,
291, 36 Stat. 1167.)
Act Mar. 3, 1911, conferred the powers and duties of the former
circuit courts upon the district courts.
43 USC 105. Depositions of witnesses residing outside county
TITLE 43 -- PUBLIC LANDS
Whenever the witness resides outside the county in which the hearing
occurs any party to the proceeding may take the testimony of such
witness in the county of such witness's residence in the form of
depositions by giving ten days' written notice of the time and place of
taking such depositions to the opposite party or parties. The
depositions may be taken before any United States magistrate judge,
notary public, judge, or clerk of a court of record. Subpoenas for
witnesses before the officer taking depositions may issue from the
office of the officer designated by the Secretary of the Interior or may
be issued by the officer taking the depositions, and disobedience
thereof, as defined in section 104 of this title, shall also be
punished; and the witness shall receive the same fees and mileage and
be subject to the same penalties in all respects as in case of violation
of a subpoena to appear before the officer designated by the Secretary
of the Interior and subject to the same limitations. The fees of the
officer taking the depositions shall be the same as those allowed in the
State or Territorial courts, and shall be paid by the party taking the
deposition, and an itemized account of the fees shall be made by the
officer taking the depositions and attached to the depositions.
(Jan. 31, 1903, ch. 344, 4, 32 Stat. 790; Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L.
90-578, title IV, 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Dec. 1,
1990, Pub. L. 101-650, title III, 321, 104 Stat. 5117.)
The original text of this section referred to both registers and
receivers, but reference to the latter was omitted in view of the
abolition of such office under acts Mar. 3, 1925, and Oct. 28, 1921,
which provided for the consolidation of the two offices under a register
only. See, also, Transfer of Functions note below.
''United States magistrate judge'' substituted in text for ''United
States magistrate'' pursuant to section 321 of Pub. L. 101-650, set out
as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ''United States magistrate'' substituted for
''United States commissioner'' pursuant to Pub. L. 90-578. See chapter
43 ( 631 et seq.) of Title 28.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''officer designated by the Secretary of the Interior''
substituted for ''register'' on authority of section 403 of Reorg. Plan
No. 3 of 1946. See note set out under section 1 of this title.
43 USC 106. Continuing taking of depositions in behalf of opposite
party
TITLE 43 -- PUBLIC LANDS
Whenever the taking of any depositions taken in pursuance of section
105 of this title is concluded the opposite party may proceed at once at
his own expense to take depositions in his own behalf, at the same time
and place and before the same officer: Provided, That he shall, before
taking of the depositions in the first instance is entered upon, give
notice to the opposing party, or any agent or attorney representing him
in the taking of said depositions of his intention to do so.
(Jan. 31, 1903, ch. 344, 5, 32 Stat. 791.)
43 USC 107. Penalty for false information
TITLE 43 -- PUBLIC LANDS
If any person applies to any officer designated by the Secretary of
the Interior to enter any land whatever, and the officer knowingly and
falsely informs the person so applying that the same has already been
entered, and refuses to permit the person so applying to enter the same,
such officer shall be liable therefor, to the person so applying, for $5
for each acre of land which the person so applying offered to enter, to
be recovered by action of debt in any court of record having
jurisdiction of the amount.
(R.S. 2247; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 2247 derived from act July 4, 1836, ch. 352, 13, 5 Stat. 112.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
References to ''register'' changed to ''officer designated by the
Secretary of the Interior'' and ''officer'' on authority of section 403
of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
this title.
43 USC CHAPTER 5 -- LAND DISTRICTS
TITLE 43 -- PUBLIC LANDS
Sec.
121. Discontinuance of land offices by President.
122. Discontinuance of land offices by Secretary of the Interior.
123. Continuance of land offices when required by public
convenience.
123a. Continuation of existing land districts and offices in Alaska;
change of district boundaries, or discontinuance of districts;
designation and location of land offices.
124. Consolidation of land offices.
125. Annexation of discontinued district to adjacent district.
126. Change of location of land offices.
127. Change of boundaries of land districts.
128. Division or change of boundaries; continuance of business of
original district.
129. Office rent and clerk hire for consolidated land offices.
130. Entry of public lands in States where no land offices exist.
43 USC 121. Discontinuance of land offices by President
TITLE 43 -- PUBLIC LANDS
Upon the recommendation of the Secretary of the Interior, the
President may order the discontinuance of any land office and the
transfer of any of its business and archives to any other land office
within the same State or Territory.
(R.S. 2252; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
R.S. 2252 derived from act May 30, 1862, ch. 86, 5, 12 Stat. 409.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''the Commissioner of the General Land Office, approved by''
omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See
note set out under section 1 of this title.
For delegation to Secretary of the Interior of authority vested in
President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.
R. 5385, set out as a note under section 301 of Title 3, The President.
Consolidation of land offices by Secretary of the Interior where
practicable and consistent with public interest, see section 124 of this
title.
43 USC 122. Discontinuance of land offices by Secretary of the Interior
TITLE 43 -- PUBLIC LANDS
Whenever the quantity of public land remaining unsold in any land
district is reduced to a number of acres less than one hundred thousand,
it shall be the duty of the Secretary of the Interior to discontinue the
land office of such district; and if any land in any such district
remains unsold at the time of the discontinuance of a land office, the
same shall be subject to sale at some one of the existing land offices
most convenient to the district in which the land office has been
discontinued, of which the Secretary of the Interior shall give notice.
(R.S. 2248.)
R.S. 2248 derived from act June 12, 1840, ch. 36, 2, 5 Stat. 385.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Annexation of district in which land office discontinued because of
excessive costs to some other adjoining district, see section 125 of
this title.
Consolidation of land offices by Secretary of the Interior where
practicable and consistent with public interest, see section 124 of this
title.
43 USC 123. Continuance of land offices when required by public
convenience
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may continue any land district in which
is situated the seat of government of any one of the States, and may
continue the land office in such district, notwithstanding the quantity
of land unsold in such district may not amount to one hundred thousand
acres, when, in his opinion, such continuance is required by public
convenience, or in order to close the land system in such State.
(R.S. 2249.)
R.S. 2249 derived from act Sept. 4, 1841, ch. 16, 7, 5 Stat. 455.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 123a. Continuation of existing land districts and offices in
Alaska; change of district boundaries, or discontinuance of districts;
designation and location of land offices
TITLE 43 -- PUBLIC LANDS
Subject to the authority conferred upon the Secretary of the Interior
by this section, the land districts and land offices existing in Alaska
on October 9, 1942 are continued. The Secretary of the Interior is
authorized and empowered in his discretion to change the boundaries of,
or discontinue, any land district in Alaska, and in lieu thereof to
designate such land district, or land region, as, in his opinion, is
necessary for the transaction of the business relating to the public
lands in the Territory and to designate or change the location of any
land office for such land district or land region.
(Oct. 9, 1942, ch. 584, 6, 56 Stat. 779.)
Section was formerly classified to section 365 of Title 48,
Territories and Insular Possessions.
Provisions of acts Feb. 14, 1902, ch. 17, 1, 32 Stat. 20; Mar.
2, 1907, ch. 2537, 1, 34 Stat. 1232, which constituted former section
365 of Title 48, Territories and Insular Possessions, and were repealed
by section 7 of Act Oct. 9, 1942, which enacted this section, read as
follows: ''There shall be two land districts in Alaska, the boundaries
of which shall be designated by the President, to be known as the Nome
land district and the Fairbanks land district, with the land offices
located, respectively, at Nome, Alaska, and Fairbanks, Alaska, and one
other land district and land office, the location of which shall be
fixed by the President.''
43 USC 124. Consolidation of land offices
TITLE 43 -- PUBLIC LANDS
It shall be the duty of the Secretary of the Interior to consolidate
the district land offices where practicable and consistent with the
public interests.
(Aug. 5, 1892, ch. 380, 1, 27 Stat. 368.)
The Secretary of the Interior was required to consolidate the
district land offices so as to bring the total compensation of the
registers and receivers for the fiscal year 1894, within the
appropriation made therefor by the sundry Civil Appropriation Act for
that year, act Mar. 3, 1893, ch. 208, 27 Stat. 591, which was fixed
at $520,000.
43 USC 125. Annexation of discontinued district to adjacent district
TITLE 43 -- PUBLIC LANDS
Whenever the cost of collecting the revenue from the sales of the
public lands in any land district is as much as one-third of the whole
amount of revenue collected in such district, it may be lawful for the
President, if, in his opinion, not incompatible with the public
interest, to discontinue the land office in such district, and to annex
the same to some other adjoining land district.
(R.S. 2250.)
R.S. 2250 derived from act Mar. 3, 1853, ch. 97, 1, 10 Stat. 189,
194.
For delegation to Secretary of the Interior of authority vested in
President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.
R. 5385, set out as a note under section 301 of Title 3, The President.
Consolidation of land offices by Secretary of the Interior where
practicable and consistent with public interest, see section 124 of this
title.
43 USC 126. Change of location of land offices
TITLE 43 -- PUBLIC LANDS
The President is authorized to change the location of the land
offices in the several land districts established by law, and to
relocate the same from time to time at such point in the district as he
deems expedient.
(R.S. 2251.)
R.S. 2251 derived from acts Mar. 3, 1853, ch. 97, 1, 10 Stat.
204; Mar. 3, 1853, ch. 144, 10 Stat. 244.
For delegation to Secretary of the Interior of authority vested in
President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.
R. 5385, set out as a note under section 301 of Title 3, The President.
43 USC 127. Change of boundaries of land districts
TITLE 43 -- PUBLIC LANDS
The President is authorized to change and reestablish the boundaries
of land districts whenever, in his opinion, the public interests will be
subserved thereby, without authority to increase the number of land
offices or land districts.
(R.S. 2253.)
R.S. 2253 derived from act June 29, 1870, ch. 171, 16 Stat. 171.
For delegation to Secretary of the Interior of authority vested in
President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.
R. 5385, set out as a note under section 301 of Title 3, The President.
43 USC 128. Division or change of boundaries; continuance of business
of original district
TITLE 43 -- PUBLIC LANDS
In case of the division of existing land districts by the erection of
new ones, or by a change of boundaries by the President, all business in
such original districts shall be entertained and transacted without
prejudice or change, until the offices in the new districts are duly
opened by public announcement under the direction of the Secretary of
the Interior. All sales or disposals of the public lands heretofore
regularly made at any land office, after such lands have been made part
of another district by any Act of Congress, or by any act of the
President, are confirmed, provided the same are free from conflict with
prior valid rights.
(R.S. 2254.)
R.S. 2254 derived from act May 31, 1872, ch. 241, 17 Stat. 192.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 129. Office rent and clerk hire for consolidated land offices
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to make a reasonable
allowance for office rent for each consolidated land office; and when
satisfied of the necessity therefor, to approve the employment of one or
more clerks, at a reasonable per diem compensation, for such time as
such clerical force is absolutely required to keep up the current public
business, which clerical force shall be paid out of the surplus fees
authorized to be charged by section 84 /1/ of this title, if any, and if
no surplus exists, then out of the appropriation for incidental expenses
of district land offices; but no clerk shall be so paid unless his
employment has been first sanctioned by the Secretary of the Interior.
(R.S. 2255; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100.)
Section 84 of this title, referred to in text, was repealed by Pub.
L. 86-649, title II, 202(b), July 14, 1960, 74 Stat. 507. See section
1734 of this title.
R.S. 2255 derived from act Feb. 18, 1861, ch. 38, 2, 12 Stat.
131.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''by the register'' following ''to approve the employment''
omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See
note set out under section 1 of this title.
/1/ See References in Text note below.
43 USC 130. Entry of public lands in States where no land offices exist
TITLE 43 -- PUBLIC LANDS
Public lands situated in States in which there are no land offices
may be entered at the Bureau of Land Management, subject to the
provisions of law touching the entry of public lands; and the necessary
proofs and affidavits required in such cases may be made before some
officer competent to administer oaths, whose official character shall be
duly certified by the clerk of a court of record. And moneys received
by the Secretary of the Interior, or such officer as he may designate,
for lands entered by cash entry shall be covered into the Treasury.
(Mar. 3, 1877, ch. 102, 1, 19 Stat. 315; June 19, 1878, ch. 329, 1,
20 Stat. 201; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
and ''Secretary of the Interior, or such officer as he may designate,''
substituted for ''Commissioner of the General Land Office'' on authority
of section 403 of Reorg. Plan No. 3 of 1946. See note set out under
section 1 of this title.
43 USC CHAPTER 6 -- WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY
TITLE 43 -- PUBLIC LANDS
Sec.
141. Repealed.
142. Rights of occupants or claimants of oil- or gas-bearing lands;
exceptions to withdrawals.
143. Repealed.
144. Entries on land withdrawn as valuable for oil or gas validated.
145. Sale of lands withdrawn.
146. Patents to purchasers of lands withdrawn.
147. Disposition of proceeds of sale of withdrawn lands.
148. Repealed.
149. Exchange of private lands included in Indian reservation for
other lands.
150. Withdrawals of land for Indian reservations prohibited.
151. Opening of lands restored to entry after withdrawals.
152. Restoration of lands previously withdrawn.
153. Reservation of lands in North Dakota.
154. Vacation of withdrawals under reclamation law; lands valuable
for minerals; reservation of rights, ways, and easements; rules and
regulations.
155. Withdrawal, reservation, or restriction of public lands for
defense purposes; ''public lands'' defined; exception.
156. Approval by Congress necessary for withdrawal, reservation, or
restriction of over 5,000 acres for any Department of Defense project or
facility.
157. Application for withdrawal, reservation, or restriction;
specifications.
158. Mineral resources on withdrawn lands; disposition and
exploration.
43 USC 141. Repealed. Pub. L. 94-579, title VII, 704(a), Oct. 21, 1976,
90 Stat. 2792
TITLE 43 -- PUBLIC LANDS
Section, act June 25, 1910, ch. 421, 1, 36 Stat. 847, authorized
the withdrawal and reservation of lands for water-power sites and other
purposes.
Section 704(a) of Pub. L. 94-579 provided that this section is
repealed effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended by
Pub. L. 101-509, title V, 529 (title I, 112(c)), Nov. 5, 1990, 104
Stat. 1427, 1454, provided:
Section 1. (a) Subject to the provisions of subsections (b), (c),
and (d) of this section, I hereby delegate to the Secretary of the
Interior the authority vested in the President by section 1 of the act
of June 25, 1910, ch. 421, 36 Stat. 847 (this section), and the
authority otherwise vested in him to withdraw or reserve lands of the
public domain and other lands owned or controlled by the United States
in the continental United States or Alaska for public purposes,
including the authority to modify or revoke withdrawals and reservations
of such lands heretofore or hereafter made.
(b) All orders issued by the Secretary of the Interior under the
authority of this order shall be designated as public land orders and
shall be submitted to the Division of the Federal Register, General
Services Administration, for filing and for publication in the Federal
Register.
(c) No order affecting land under the administrative jurisdiction of
any executive department or agency of the Government other than the
Department of the Interior shall be issued by the Secretary of the
Interior under the authority of this order without the prior approval or
concurrence, so far as the order affects such land, of the head of the
department or agency concerned, or of such officer of the department or
agency concerned as the head thereof may designate for such purpose:
Provided, that such officer is required to be appointed by the President
by and with the advice and consent of the Senate.
(d) Any disagreement between two or more executive departments or
agencies with respect to any proposed withdrawal or reservation shall be
referred to the Director of the Bureau of the Budget (now Office of
Management and Budget) for consideration and adjustment. The Director
may, in his discretion, submit the matter to the President for his
determination.
Sec. 2. The Secretary of the Interior is authorized to issue such
rules and regulations, and to prescribe such procedures, as he may from
time to time deem necessary or desirable for the exercise of the
authority delegated to him by this order.
Sec. 3. The Secretary of the Interior is authorized to redelegate the
authority delegated to him by this order to one or more of the
following-designated officers: the Deputy Secretary of the Interior and
the Assistant Secretaries of the Interior.
Sec. 4. This order supersedes Executive Order No. 9337 of April 24,
1943, entitled ''Authorizing the Secretary of the Interior to Withdraw
and Reserve Lands of the Public Domain and Other Lands Owned or
Controlled by the United States''.
Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including Pub. L. No. 668, 76th
Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that excess property
under the control of the Department of Defense within and adjacent to
the Choctawhatchee National Forest, Florida, is transferred to the
Department of Agriculture for inclusion in the National Forest, it is
hereby ordered as follows:
The Secretary of Defense is hereby delegated the President's
authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655
(1940), to transfer such property within or adjacent to the boundaries
of Choctawhatchee National Forest, Florida, that is no longer required
for military purposes, to the Secretary of Agriculture to be restored to
national forest status. To the extent this order delegates the
President's authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54
Stat. 655 (1940), to the Secretary of Defense, it supersedes Executive
Order No. 10355 (set out as a note above), which delegates the
President's authority to revoke withdrawals and reservations of public
lands to the Secretary of the Interior. The Secretary of Defense will
document the transaction by letter of transfer between the Departments.
The Secretary of Defense, 30 days prior to taking any action to transfer
property pursuant to this order, shall notify the Secretary of the
Interior of the effective date and time for ''opening'' of the lands to
relevant land laws. The authority delegated by this order may be
further redelegated within the Department of Defense.
George Bush.
43 USC 142. Rights of occupants or claimants of oil- or gas-bearing
lands; exceptions to withdrawals
TITLE 43 -- PUBLIC LANDS
This section and section 141 /1/ of this title shall not be construed
as a recognition, abridgment, or enlargement of any asserted rights or
claims initiated upon any oil- or gas-bearing lands after any withdrawal
of such lands made prior to June 25, 1910: And provided further, That
there shall be excepted from the force and effect of any withdrawal made
under the provisions of this section and section 141 /1/ of this title
all lands which are, on the date of such withdrawal, embraced in any
lawful homestead or desert-land entry theretofore made, or upon which
any valid settlement has been made and is at said date being maintained
and perfected pursuant to law; but the terms of this proviso shall not
continue to apply to any particular tract of land unless the entryman or
settler shall continue to comply with the law under which the entry or
settlement was made.
(June 25, 1910, ch. 421, 2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37
Stat. 497; Oct. 21, 1976, Pub. L. 94-579, title VII, 704(a), 90 Stat.
2792.)
Section 141 of this title, referred to in text, was repealed by Pub.
L. 94-579, title VII, 704(a), Oct. 21, 1976, 90 Stat. 2792.
Act Aug. 24, 1912, substituted ''metalliferous minerals'' for
''minerals other than coal, oil, gas, and phosphates'' in the first
clause of this section, and ''June 25, 1910'' for ''the passage of this
Act'' in the second proviso of this section.
In the last proviso of this section, ''national forest'' substituted
for ''forest reserve'', in view of act Mar. 4, 1907, ch. 2907, 34 Stat.
1269, providing that forest reserves should be known as national
forests.
The provisions of the last proviso of this section were also
classified to section 471 of Title 16, Conservation.
1976 -- Pub. L. 94-579 struck out provisions that all lands
withdrawn under the act of June 25, 1910, be open to exploration,
occupation, and purchase under the mineral laws of the United States in
respect to minerals other than coal, oil, gas, and phosphates and that
no national forest be created or additions thereto made to those created
before Aug. 24, 1912, in Oregon, Washington, Idaho, Montana, Colorado,
or Wyoming, except by Act of Congress.
Section 704(a) of Pub. L. 94-579 provided that the amendment made by
that section is effective on and after Oct. 21, 1976.
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
/1/ See References in Text note below.
43 USC 143. Repealed. Pub. L. 86-533, 1(14), June 29, 1960, 74 Stat.
248
TITLE 43 -- PUBLIC LANDS
Section, act June 25, 1910, ch. 421, 3, 36 Stat. 848, required
Secretary of the Interior to report withdrawals to Congress.
43 USC 144. Entries on land withdrawn as valuable for oil or gas
validated
TITLE 43 -- PUBLIC LANDS
Entries existing on February 7, 1925, and allowed prior to April 1,
1924, under the Stock Raising Homestead Act of December 29, 1916
(Thirty-ninth Statutes at Large, page 862) (43 U.S.C. 291 et seq.), for
land withdrawn as valuable for oil or gas, but not otherwise reserved or
withdrawn, are validated, if otherwise regular: Provided, That at date
of entry the land was not within the limits of the geologic structure of
a producing oil or gas field.
(Feb. 7, 1925, ch. 147, 12, 43 Stat. 812.)
The Stock Raising Homestead Act of December 29, 1916, referred to in
text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, as amended, which
was classified generally to subchapter X ( 291 et seq.) of chapter 7 of
this title and was repealed by Pub. L. 94-579, title VII, 702, 704( a),
Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which
are classified to sections 299 and 301, respectively, of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 291 of this title and Tables.
43 USC 145. Sale of lands withdrawn
TITLE 43 -- PUBLIC LANDS
Whenever in the opinion of the Secretary of the Interior any lands
which have been withdrawn under the provisions of sections 141 /1/ and
142 of this title for the purpose of exploratory drilling to discover
water supplies for irrigation or other purposes, and which have had
wells or other permanent improvements placed thereon by and at the
expense of the United States are no longer needed for the purpose for
which they were withdrawn and improved, the Secretary of the Interior
may appraise the lands, together with the improvements thereon, and
thereafter sell the same to a citizen of the United States for not less
than the appraised value at public auction to the highest bidder, after
giving public notice of the time and place of sale by posting upon the
land and publication for not less than thirty days in a newspaper of
general circulation in the vicinity of the land.
(Jan. 26, 1921, ch. 27, 1, 41 Stat. 1089.)
Section 141 of this title, referred to in text, was repealed by Pub.
L. 94-579, title VII, 704(a), Oct. 21, 1976, 90 Stat. 2792.
/1/ See References in Text note below.
43 USC 146. Patents to purchasers of lands withdrawn
TITLE 43 -- PUBLIC LANDS
Upon payment of the purchase price the Secretary of the Interior is
authorized by appropriate patent to convey all the right, title, and
interest in and to said lands to the purchaser at said sale, subject,
however, to such reservations, limitations, or conditions as said
Secretary may deem proper: Provided, That not over one hundred and
sixty acres shall be sold to any one person: Provided further, That any
patent issued hereunder shall contain a reservation to the United States
of all oil, gas, coal, and other mineral.
(Jan. 26, 1921, ch. 27, 2, 41 Stat. 1089.)
43 USC 147. Disposition of proceeds of sale of withdrawn lands
TITLE 43 -- PUBLIC LANDS
The moneys derived from the sale of such lands and improvements shall
be disposed of as are other receipts from the sale and disposal of
public lands.
(Jan. 26, 1921, ch. 27, 3, 41 Stat. 1090.)
43 USC 148. Repealed. Pub. L. 94-579, title VII, 704(a), Oct. 21, 1976,
90 Stat. 2792
TITLE 43 -- PUBLIC LANDS
Section, acts June 25, 1910, ch. 431, 13, 36 Stat. 858; June 29,
1960, Pub. L. 86-533, 1(13), 74 Stat. 248, authorized withdrawal of
lands in Indian reservations for power or reservation sites.
Section 704(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 149. Exchange of private lands included in Indian reservation
for other lands
TITLE 43 -- PUBLIC LANDS
Any private land over which an Indian reservation has been extended
by Executive order, may be exchanged at the discretion of the Secretary
of the Interior and at the expense of the owner thereof and under such
rules and regulations as may be prescribed by the Secretary of the
Interior, for vacant, nonmineral, nontimbered, surveyed public lands of
equal area and value and situated in the same State or Territory.
(Apr. 21, 1904, ch. 1402, 1, 33 Stat. 211.)
43 USC 150. Withdrawals of land for Indian reservations prohibited
TITLE 43 -- PUBLIC LANDS
No public lands of the United States shall be withdrawn by Executive
Order, proclamation, or otherwise, for or as an Indian reservation
except by act of Congress.
(June 30, 1919, ch. 4, 27, 41 Stat. 34.)
43 USC 151. Opening of lands restored to entry after withdrawals
TITLE 43 -- PUBLIC LANDS
When public lands are excluded from national forests or released from
withdrawals the President may, whenever in his judgment it is proper or
necessary, provide for the opening of the lands by settlement in advance
of entry, by drawing, or by such other method as he may deem advisable
in the interest of equal opportunity and good administration, and in
doing so may provide that lands so opened shall be subject only to
homestead entry by actual settlers only or to entry under the
desert-land laws for a period not exceeding ninety days, the unentered
lands to be thereafter subject to disposition under the public-land laws
applicable thereto.
(Sept. 30, 1913, ch. 15, 1, 38 Stat. 113.)
The public-land laws, referred to in text, are classified generally
to this title.
Desert-land entries, see section 321 et seq. of this title.
43 USC 152. Restoration of lands previously withdrawn
TITLE 43 -- PUBLIC LANDS
Where under the law the Secretary of the Interior is authorized or
directed to make restoration of lands previously withdrawn he may also
restrict the restoration as prescribed in section 151 of this title.
(Sept. 30, 1913, ch. 15, 2, 38 Stat. 114.)
43 USC 153. Reservation of lands in North Dakota
TITLE 43 -- PUBLIC LANDS
Upon receipt of a proper deed from the State of North Dakota,
executed under authority of the act of its legislative assembly,
approved February 5, 1915, reconveying to the United States title to
section 16, township 138 north, range 81 west, fifth principal meridian,
the Secretary of the Interior is authorized to issue patents to said
State for such vacant, surveyed, unreserved, unoccupied, nonmineral
public lands as may be selected by said State within its boundaries, not
exceeding one thousand two hundred and eighty acres in aggregate area,
and said section when so reconveyed shall not be subject to settlement,
location, entry, or selection under the public land laws, but shall be
reserved for the use of the Department of Agriculture in carrying on
experiments in dry-land agriculture at the Northern Great Plains Field
Station, Mandan, North Dakota.
(July 3, 1916, ch. 219, 39 Stat. 344.)
The public land laws, referred to in text, are classified generally
to this title.
43 USC 154. Vacation of withdrawals under reclamation law; lands
valuable for minerals; reservation of rights, ways, and easements;
rules and regulations
TITLE 43 -- PUBLIC LANDS
Where public lands of the United States have been withdrawn for
possible use for construction purposes under the Federal reclamation
laws, and are known or believed to be valuable for minerals and would,
if not so withdrawn, be subject to location and patent under the general
mining laws, the Secretary of the Interior, when in his opinion the
rights of the United States will not be prejudiced thereby, may, in his
discretion, open the land to location, entry, and patent under the
general mining laws, reserving such ways, rights, and easements over or
to such lands as may be prescribed by him and as may be deemed necessary
or appropriate, including the right to take and remove from such lands
construction materials for use in the construction of irrigation works,
and/or the said Secretary may require the execution of a contract by the
intending locator or entryman as a condition precedent to the vesting of
any rights in him, when in the opinion of the Secretary same may be
necessary for the protection of the irrigation interests. Such
reservations or contract rights may be in favor of the United States or
irrigation concerns cooperating or contracting with the United States
and operating in the vicinity of such lands. The Secretary may
prescribe the form of such contract which shall be executed and
acknowledged and recorded in the county records and United States local
land office by any locator or entryman of such land before any rights in
their favor attach thereto, and the locator or entryman executing such
contract shall undertake such indemnifying covenants and shall grant
such rights over such lands as in the opinion of the Secretary may be
necessary for the protection of Federal or private irrigation in the
vicinity. Notice of such reservation or of the necessity of executing
such prescribed contract shall be filed in the Bureau of Land Management
and in the appropriate local land office, and notations thereof shall be
made upon the appropriate tract books, and any location or entry
thereafter made upon or for such lands, and any patent therefor shall be
subject to the terms of such contract and/or to such reserved ways,
rights, or easements and such entry or patent shall contain a reference
thereto.
The Secretary of the Interior may prescribe such rules and
regulations as may be necessary to enable him to enforce the provisions
of this section.
(Apr. 23, 1932, ch. 134, 1, 2, 47 Stat. 136, 137; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
The Federal reclamation laws, referred to in text, are classified
generally to chapter 12 ( 371 et seq.) of this title.
The general mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
set out under section 1 of this title.
43 USC 155. Withdrawal, reservation, or restriction of public lands for
defense purposes; ''public lands'' defined; exception
TITLE 43 -- PUBLIC LANDS
Notwithstanding any other provisions of law, except in time of war or
national emergency hereafter declared by the President or the Congress,
on and after February 28, 1958 the provisions hereof shall apply to the
withdrawal and reservation for, restriction of, and utilization by, the
Department of Defense for defense purposes of the public lands of the
United States, including public lands in the Territories of Alaska and
Hawaii: Provided, That --
(1) for the purposes of this Act, the term ''public lands'' shall be
deemed to include, without limiting the meaning thereof, Federal lands
and waters of the Outer Continental Shelf, as defined in section 1331 of
this title, and Federal lands and waters off the coast of the
Territories of Alaska and Hawaii;
(2) nothing in this Act shall be deemed to be applicable to the
withdrawal or reservation of public lands specifically as naval
petroleum, naval oil shale, or naval coal reserves;
(3) nothing in this Act shall be deemed to be applicable to the
warning areas over the Federal lands and waters of the Outer Continental
Shelf and Federal lands and waters off the coast of the Territory of
Alaska reserved for use of the military departments prior to August 7,
1953, and
(4) nothing in this section, section 156, or section 157 of this
title shall be deemed to be applicable either to those reservations or
withdrawals which expired due to the ending of the unlimited national
emergency of May 27, 1941, and which subsequent to such expiration have
been and are now used by the military departments with the concurrence
of the Department of the Interior, or to the withdrawal of public domain
lands of the Marine Corps Training Center, Twentynine Palms, California,
and the naval gunnery ranges in the State of Nevada designated as Basic
Black Rock and Basic Sahwave Mountain.
(Pub. L. 85-337, 1, Feb. 28, 1958, 72 Stat. 27.)
This Act, referred to in pars. (1), (2), and (3), is Pub. L.
85-337, Feb. 28, 1958, 72 Stat. 27, which enacted sections 155 to 158
of this title and section 2671 of Title 10, Armed Forces, and amended
section 472 of Title 40, Public Buildings, Property, and Works. For
complete classification of this Act to the Code, see Tables.
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of
Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii
was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No.
3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood
Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note
preceding section 21 of Title 48, Territories and Insular Possessions.
For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat.
4, set out as a note preceding section 491 of Title 48.
43 USC 156. Approval by Congress necessary for withdrawal, reservation,
or restriction of over 5,000 acres for any Department of Defense project
or facility
TITLE 43 -- PUBLIC LANDS
No public land, water, or land and water area shall, except by Act of
Congress, on and after February 28, 1958 be (1) withdrawn from
settlement, location, sale, or entry for the use of the Department of
Defense for defense purposes; (2) reserved for such use; or (3)
restricted from operation of the mineral leasing provisions of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), if such
withdrawal, reservation, or restriction would result in the withdrawal,
reservation, or restriction of more than five thousand acres in the
aggregate for any one defense project or facility of the Department of
Defense since February 28, 1958, or since the last previous Act of
Congress which withdrew, reserved, or restricted public land, water, or
land and water area for that project or facility, whichever is later.
(Pub. L. 85-337, 2, Feb. 28, 1958, 72 Stat. 28.)
The Outer Continental Shelf Lands Act, referred to in text, is act
Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified
generally to subchapter III ( 1331 et seq.) of chapter 29 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1331 of this title and Tables.
43 USC 157. Applications for withdrawal, reservation, or restriction;
specifications
TITLE 43 -- PUBLIC LANDS
Any application filed on and after February 28, 1958 for a
withdrawal, reservation, or restriction, the approval of which will,
under section 156 of this title, require an Act of Congress, shall
specify --
(1) the name of the requesting agency and intended using agency;
(2) location of the area involved, to include a detailed description
of the exterior boundaries and excepted areas, if any, within such
proposed withdrawal, reservation, or restriction;
(3) gross land and water acreage within the exterior boundaries of
the requested withdrawal, reservation, or restriction, and net public
land, water, or public land and water acreage covered by the
application;
(4) the purpose or purposes for which the area is proposed to be
withdrawn, reserved, or restricted, or if the purpose or purposes are
classified for national security reasons, a statement to that effect;
(5) whether the proposed use will result in contamination of any or
all of the requested withdrawal, reservation, or restriction area, and
if so, whether such contamination will be permanent or temporary;
(6) the period during which the proposed withdrawal, reservation, or
restriction will continue in effect;
(7) whether, and if so to what extent, the proposed use will affect
continuing full operation of the public land laws and Federal
regulations relating to conservation, utilization, and development of
mineral resources, timber and other material resources, grazing
resources, fish and wildlife resources, water resources, and scenic,
wilderness, and recreation and other values; and
(8) if effecting the purpose for which the area is proposed to be
withdrawn, reserved, or restricted, will involve the use of water in any
State, whether, subject to existing rights under law, the intended using
agency has acquired, or proposes to acquire, rights to the use thereof
in conformity with State laws and procedures relating to the control,
appropriation, use, and distribution of water.
(Pub. L. 85-337, 3, Feb. 28, 1958, 72 Stat. 28.)
43 USC 158. Mineral resources on withdrawn lands; disposition and
exploration
TITLE 43 -- PUBLIC LANDS
All withdrawals or reservations of public lands for the use of any
agency of the Department of Defense, except lands withdrawn or reserved
specifically as naval petroleum, naval oil shale, or naval coal
reserves, heretofore or hereafter made by the United States, shall be
deemed to be subject to the condition that all minerals, including oil
and gas, in the lands so withdrawn or reserved are under the
jurisdiction of the Secretary of the Interior and there shall be no
disposition of, or exploration for, any minerals in such lands except
under the applicable public land mining and mineral leasing laws:
Provided, That no disposition of, or exploration for, any minerals in
such lands shall be made where the Secretary of Defense, after
consultation with the Secretary of the Interior, determines that such
disposition or exploration is inconsistent with the military use of the
lands so withdrawn or reserved.
(Pub. L. 85-337, 6, Feb. 28, 1958, 72 Stat. 30.)
The mining laws, referred to in text, are classified generally to
Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in text, have been defined in
sections 351, 505, 530, and 541e of Title 30 to mean acts Oct. 20,
1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437;
Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L.
86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is
known as the Mineral Leasing Act and is classified generally to chapter
3A ( 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified
generally to subchapter VIII ( 271 et seq.) of chapter 3A of Title 30.
The act of Feb. 7, 1927, is classified principally to subchapter IX (
281 et seq.) of chapter 3A of Title 30. For complete classification of
these Acts to the Code, see Tables.
43 USC CHAPTER 7 -- HOMESTEADS
TITLE 43 -- PUBLIC LANDS
Sec.
161 to 176. Repealed or Transferred.
177. Patents for lands in New Mexico held under color of title.
178. Patents for lands in New Mexico; lands contiguous to Spanish
or Mexican land grants.
179, 180. Repealed.
181 to 191. Repealed.
201 to 208. Repealed.
209. Extension of public-land laws to certain lands in Oklahoma.
210. Recognition of equitable claims on certain lands in Oklahoma;
validation of homestead entries.
211 to 224. Repealed.
231 to 243a. Repealed.
251 to 256b. Repealed.
261 to 263. Repealed.
270 to 270-11. Repealed.
270-12. Disposal by United States of coal, oil, or gas deposits
reserved to United States; entry, reentry, etc., on lands for
prospecting, mining, and removal.
270-13 to 270-17. Repealed.
271 to 284. Repealed.
291 to 298. Repealed.
299. Reservation of coal and mineral rights.
300. Repealed.
301. Rules and regulations.
302. Repealed.
43 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 43 -- PUBLIC LANDS
43 USC 161 to 164. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 161, R.S. 2289; Mar. 3, 1891, ch. 561, 5, 26 Stat. 1097,
related to entry of unappropriated public lands.
Section 162, R.S. 2290; Mar. 3, 1891, ch. 561, 5, 26 Stat. 1097;
Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100, related to application for entry on public
lands, and contents for affidavit for application.
Section 163, R.S. 2295; 1946 Reorg. Plan No. 3, 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record of
application, registration, and return to Bureau of Land Management.
Section 164, R.S. 2291; June 6, 1912, ch. 153, 37 Stat. 123,
related to issuance, etc., of certificate or patent for entered lands.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 165. Transferred
TITLE 43 -- PUBLIC LANDS
Section, act Mar. 3, 1891, ch. 561, 7, 26 Stat. 1098, which
related to suspension of entries for correction of clerical errors, was
transferred to section 1165 of this title.
43 USC 166 to 175. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 166, acts May 14, 1880, ch. 89, 3, 21 Stat. 141; June 6,
1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267,
related to time for settlers to file application and for perfection of
entry, marriage of entrywoman, and preferential right of entry.
Section 167, acts Apr. 6, 1914, ch. 51, 38 Stat. 312; Mar. 1,
1921, ch. 90, 41 Stat. 1193, related to marriage of entryman to
entrywoman.
Section 168, act Oct. 17, 1914, ch. 325, 38 Stat. 740, related to
marriage of entrywoman to alien.
Section 169, R.S. 2297; Mar. 3, 1881, ch. 153, 21 Stat. 511;
June 6, 1912, ch. 153, 37 Stat. 124; 1946 Reorg. Plan No. 3, 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to failure to
establish residence and reversion of entered lands to Federal
Government.
Section 170, act Oct. 22, 1914, ch. 335, 38 Stat. 766, related to
rights of wife on abandonment by husband.
Section 171, R.S. 2292, related to rights inuring to infant children
on death of both mother and father.
Section 172, act June 8, 1880, ch. 136, 21 Stat. 166; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
related to effect of insanity of settlers upon claims.
Section 173, R.S. 2301; Mar. 3, 1891, ch. 561, 6, 26 Stat. 1098;
June 3, 1896, ch. 312, 2, 29 Stat. 197, related to commutations of
entries after 14 months from date of settlement.
Section 174, R.S. 2288; Mar. 3, 1891, ch. 561, 3, 4, 26 Stat.
1097; Mar. 3, 1905, ch. 1424, 33 Stat. 991, related to right to
transfer claims.
Section 175, R.S. 2296; Apr. 28, 1922, ch. 155, 42 Stat. 502,
related to exemption from execution of homestead land.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 176. Repealed. Pub. L. 94-579, title VII, 705(a), Oct. 21, 1976,
90 Stat. 2792
TITLE 43 -- PUBLIC LANDS
Section, act Mar. 2, 1895, ch. 174, 1-3, 28 Stat. 744, provided
for appointment of court commissioners for certain Territories.
Section 705(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 177. Patents for lands in New Mexico held under color of title
TITLE 43 -- PUBLIC LANDS
Whenever it shall be shown to the satisfaction of the Secretary of
the Interior that a tract or tracts of public land, not known to be
mineral, in the State of New Mexico, not exceeding in the aggregate one
hundred and sixty acres, has or have been held in good faith and in
peaceful, adverse possession by a citizen of the United States, his
ancestors or grantors, for more than twenty years under claim or color
of title, and that valuable improvements have been placed on such land,
or some part thereof has been reduced to cultivation, the Secretary may,
in his discretion, upon the payment of $1.25 per acre, cause a patent or
patents to issue for such land to any such citizen: Provided, That
where the area or areas so held by any such citizen is in excess of one
hundred and sixty acres the Secretary may determine what particular
subdivisions, not exceeding one hundred and sixty acres in the
aggregate, to any such citizen may be patented under this section:
Provided further, That the term ''citizen'' as used in this section
shall be held to include a corporation organized under the laws of the
United States or any State or Territory thereof.
(June 8, 1926, ch. 501, 44 Stat. 709.)
43 USC 178. Patents for lands in New Mexico; lands contiguous to
Spanish or Mexican land grants
TITLE 43 -- PUBLIC LANDS
Whenever it shall be shown to the satisfaction of the Secretary of
the Interior that a tract or tracts of public land, contiguous to a
Spanish or Mexican land grant, in the State of New Mexico, not exceeding
in the aggregate one hundred and sixty acres, has or have been held in
good faith and in peaceful, adverse possession by a citizen of the
United States, his ancestors or grantors, for more than twenty years
under claim or color of title, and that valuable improvements have been
placed on such land, or some part thereof has been reduced to
cultivation, the Secretary may, in his discretion, upon the payment of
$1.25 per acre, cause a patent or patents to issue for such land to any
such citizens: Provided, That where the area or areas so held by any
such citizen is in excess of one hundred and sixty acres the Secretary
may determine what particular subdivisions, not exceeding one hundred
and sixty acres in the aggregate, to any such citizen may be patented
hereunder: Provided further, That coal and all other minerals contained
therein are reserved to the United States; that said coal and other
minerals shall be subject to sale or disposal by the United States under
applicable leasing and mineral land laws, and permittees, lessees, or
grantees of the United States shall have the right to enter upon said
lands for the purpose of prospecting for and mining such deposits:
Provided further, That the term ''citizen'', as used in this section,
shall be held to include a corporation organized under the laws of the
United States or any State or Territory thereof.
(Feb. 23, 1932, ch. 52, 47 Stat. 53.)
The leasing and mineral land laws, referred to in text, probably mean
the mineral leasing laws, which have been defined in sections 351, 505,
530, and 541e of Title 30, Mineral Lands and Mining, to mean acts Oct.
20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat.
437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch.
66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L.
86-252, 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is
known as the Mineral Leasing Act and is classified generally to chapter
3A ( 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified
generally to subchapter VIII ( 271 et seq.) of chapter 3A of Title 30.
The act of Feb. 7, 1927, is classified principally to subchapter IX (
281 et seq.) of chapter 3A of Title 30. For complete classification of
these Acts to the Code, see Tables.
43 USC 179, 180. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 179, act May 17, 1900, ch. 479, 1, 31 Stat. 179, related to
free homesteads to settlers, commutation rights, and payment to Indians.
Section 180, act Jan. 26, 1901, ch. 180, 31 Stat. 740, related to
extension of right of settlers to commute entry.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER II -- RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY
TITLE 43 -- PUBLIC LANDS
43 USC 181. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1029
TITLE 43 -- PUBLIC LANDS
Section, act June 5, 1900, ch. 716, 3, 31 Stat. 270, provided that
a person making an entry which was lost or forfeited should be entitled
to benefits of homestead laws as though the former entry had not been
made. See section 182 of this title.
43 USC 182 to 191. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 182, act Sept. 5, 1914, ch. 294, 38 Stat. 712, related to
entry after forfeiture of prior entry without fault.
Section 183, R.S. 2300; Aug. 31, 1918, ch. 166, 8, 40 Stat. 957;
Sept. 13, 1918, ch. 173, 40 Stat. 960, related to minor veterans,
service in military establishment, and relinquishment of entries.
Section 184, R.S. 2302, prohibited discrimination based on race or
color in construction or execution of certain laws.
Section 185, acts May 14, 1880, ch. 89, 2, 21 Stat. 141; Mar. 3,
1891, ch. 561, 4, 26 Stat. 1097; July 26, 1892, ch. 251, 27 Stat.
270; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, related to preference right of entry of successful
contestants.
Sections 186, acts Feb. 14, 1920, ch. 76, 1, 2, 41 Stat. 434, 435;
Jan. 21, 1922, ch. 32, 1, 2, 42 Stat. 358; Dec. 28, 1922, ch. 19,
42 Stat. 1067; June 12, 1930, ch. 471, 46 Stat. 580, related to
preference right of entry of veterans, and promulgation of rules and
regulations.
Section 187, act Feb. 25, 1925, ch. 326, 43 Stat. 981, related to
entrants on ceded Indian reservations.
Section 187a, act June 21, 1934, ch. 690, 48 Stat. 1185, related to
new homestead entry on ceded Indian reservations.
Section 187b, act May 22, 1902, ch. 821, 2, 32 Stat. 203, related
to second homestead entry by certain settlers.
Section 188, act June 5, 1900, ch. 716, 3, 31 Stat. 270, related to
purchaser of Flathead Indian land, Montana.
Section 189, act Mar. 3, 1875, ch. 131, 15, 18 Stat. 420, related
to Indians abandoning tribal relations and consequences thereof.
Section 190, act July 4, 1884, ch. 180, 1, 23 Stat. 96, related to
patents for Indians located on public lands.
Section 190a, act Mar. 1, 1933, ch. 160, 1, 47 Stat. 1418, related
to Indian allotments or homesteads in San Juan County, Utah.
Section 191, R.S. 2310, 2311, related to entry, etc., rights, of
Stockbridge Munsee Indians.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER III -- LANDS SUBJECT TO ENTRY
TITLE 43 -- PUBLIC LANDS
43 USC 201 to 208. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 201, R.S. 2302, prohibited entry and settlement of mineral
lands under this chapter.
Section 202, acts May 14, 1880, ch. 89, 1, 21 Stat. 140; Mar. 3,
1891, ch. 561, 4, 26 Stat. 1097; Mar. 3, 1893, ch. 208, 27 Stat.
593; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100, related to relinquished entries.
Section 203, acts June 13, 1902, ch. 1080, 1-3, 32 Stat. 384; Mar.
4, 1907, ch. 2907, 34 Stat. 1269, related to applicability of
homestead laws to Ute Indian Reservation in Colorado.
Section 204, act Mar. 3, 1879, ch. 191, 20 Stat. 472, related to
entries on even sections within railroad and other grants.
Section 205, act July 1, 1879, ch. 60, 21 Stat. 46, related to
entries on odd sections within railroad and other grants in Missouri and
Arkansas.
Section 206, act May 6, 1886, ch. 88, 24 Stat. 22, related to
patents for additional entries within railway limits.
Section 207, act Aug. 21, 1916, ch. 361, 39 Stat. 518, authorized
disposition of all agricultural lands within military reservations in
Nevada under homestead and desert-land laws.
Section 208, act June 3, 1924, ch. 240, 43 Stat. 357, authorized
acquisition of all unreserved public lands within the Columbia or Moses
Reserve in Washington to be acquired under laws applicable to public
domain.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 209. Extension of public-land laws to certain lands in Oklahoma
TITLE 43 -- PUBLIC LANDS
The public-land laws of the United States be, and the same are,
extended to the public lands in that part of the Red River between the
medial line and the south bank of the river, in Oklahoma, between the
ninety-eighth meridian and the east boundary of the territory
established as Greer County by the Act of May 4, 1896 (29 Stat. 113):
Provided, That such lands shall not be subject to disposition,
settlement, or occupation until after the same have been classified and
opened to entry, and other disposal by the Secretary of the Interior
according to law.
(June 22, 1948, ch. 605, 1, 62 Stat. 576.)
The public-land laws of the United States, referred to in text, are
classified generally to this title.
Act of May 4, 1896, referred to in text, is act May 4, 1896, ch.
155, 29 Stat. 113, which is not classified to the Code.
43 USC 210. Recognition of equitable claims on certain lands in
Oklahoma; validation of homestead entries
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized and directed to recognize
equitable claims to such lands based on settlement made prior to January
1, 1934, and all homestead entries of such lands, the allowance of which
was erroneous because the lands were not subject to entry, and all
suspended entries and applications to make final proof, are validated if
otherwise regular, as of the date of the regular application.
(June 22, 1948, ch. 605, 2, 62 Stat. 576.)
43 USC SUBCHAPTER IV -- LIMITATION AS TO AMOUNT AND ADDITIONAL AND
ENLARGED ENTRIES
TITLE 43 -- PUBLIC LANDS
43 USC 211 to 224. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 211, R.S. 2298, related to limitation of amount of homestead
entry.
Section 212, acts Aug. 30, 1890, ch. 837, 1, 26 Stat. 391; Mar.
3, 1891, ch. 561, 17, 26 Stat. 1101, related to limitation of
aggregate amount of entries.
Section 213, acts Apr. 28, 1904, ch. 1776, 2, 3, 33 Stat. 527;
Aug. 3, 1950, ch. 521, 64 Stat. 398, related to additional entry on
land contiguous to former entry of less than quarter section.
Section 214, acts Mar. 2, 1889, ch. 381, 6, 25 Stat. 854; Oct.
28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, related to additional entry after final proof on
entry on less than quarter section.
Section 215, act Feb. 20, 1917, ch. 98, 39 Stat. 925, related to
additional entry after patent on entry for less than quarter section.
Section 216, act Mar. 4, 1921, ch. 162, 1, 41 Stat. 1433, related
to validation of additional entry after patent.
Section 217, act June 5, 1900, ch. 716, 2, 31 Stat. 269, related to
additional entry after commutation of former entry.
Section 218, acts Feb. 19, 1909, ch. 160, 1-6, 35 Stat. 639; June
6, 1912, ch. 153, 37 Stat. 123; June 13, 1912, ch. 166, 37 Stat.
132; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch. 84, 38
Stat. 953; Mar. 3, 1915, ch. 91, 38 Stat. 957; Mar. 4, 1915, ch.
150, 2, 38 Stat. 1163; July 3, 1916, ch. 220, 39 Stat. 344, set
forth provisions relating to enlarged entries on specified nonmineral,
nonirrigable lands in certain States.
Section 219, acts June 17, 1910, ch. 298, 1-6, 36 Stat. 531, 532;
Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch. 91, 38 Stat.
957; Sept. 5, 1916, ch. 440, 39 Stat. 724; Aug. 10, 1917, ch. 52,
10, 40 Stat. 275, set forth provisions relating to enlarged entries on
specified nonmineral, nonirrigable lands in Idaho.
Section 220, act Mar. 4, 1915, ch. 150, 1, 38 Stat. 1162, 1163;
1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60
Stat. 1100, set forth procedures for applications for entries under
sections 218 and 219 of this title.
Section 221, act Mar. 4, 1915, ch. 150, 2, 38 Stat. 1163, was
transferred to part of section 218 of this title, and subsequently
repealed.
Section 222, act Mar. 4, 1923, ch. 245, 1, 42 Stat. 1445,
authorized additional entries by homestead entrymen on lands in national
forests in the States covered by former sections 218 and 219 of this
title.
Section 223, acts May 14, 1880, ch. 89, 3, 21 Stat. 141; June 6,
1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267,
authorized preference of settlers to entries under Enlarged Homestead
Act for lands covered by former sections 218 and 219 of this title.
Section 224, acts Apr. 28, 1904, ch. 1801, 1-3, 33 Stat. 547, 548;
Mar. 2, 1907, ch. 2527, 1-3, 34 Stat. 1224; May 29, 1908, ch. 220,
7, 35 Stat. 466; Aug. 24, 1912, ch. 371, 37 Stat. 499, extended
limitation on entries within certain boundaries in Nebraska.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER V -- LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
NONCULTIVATION
TITLE 43 -- PUBLIC LANDS
43 USC 231 to 240. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 231, acts Aug. 22, 1914, ch. 270, 38 Stat. 704; Feb. 25,
1919, ch. 21, 40 Stat. 1153; Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
optional leaves of absence and proof of commutation.
Section 232, act July 3, 1916, ch. 214, 39 Stat. 341, related to
settlers on unsurveyed land.
Section 233, acts Sept. 29, 1919, ch. 64, 41 Stat. 288; Apr. 6,
1922, ch. 122, 2, 42 Stat. 491, related to residence of persons
receiving treatment for wounds.
Section 234, acts Mar. 2, 1889, ch. 381, 3, 25 Stat. 854; Dec.
29, 1894, ch. 14, 28 Stat. 599; Oct. 28, 1921, ch. 114, 1, 42 Stat.
208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
destruction or failure of crops, sickness, or unavoidable casualty.
Section 235, act July 1, 1879, ch. 63, 1, 21 Stat. 48; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
related to destruction or injury to crops by grasshoppers.
Section 236, act Dec. 20, 1917, ch. 6, 40 Stat. 430, allowed
persons who filed applications for homestead entry prior to Dec. 20,
1917, a leave of absence from their land during pendency of war with
Germany for purpose of performing farm labor.
Section 237, act July 24, 1919, ch. 26, 41 Stat. 271, excused
entrymen from residence during drought in 1919.
Section 237a, act Mar. 2, 1932, ch. 69, 47 Stat. 59, excused
entrymen from residence during drought period of 1929 to 1932.
Section 237b, act May 21, 1934, ch. 320, 48 Stat. 787, excused
entrymen from compliance with requirements of homestead laws as to
residence, cultivation, improvements, expenditures or purchase money
where absence was due to economic conditions in 1932, 1933 or 1934.
Section 237c, act May 22, 1935, ch. 135, 49 Stat. 286, excused
entrymen from compliance with requirements of homestead laws as to
residence, cultivation, improvements, expenditures or purchase money
where absence was due to economic conditions in 1935.
Section 237d, acts Aug. 19, 1935, ch. 560, 49 Stat. 659; Mar.
31, 1938, ch. 57, 52 Stat. 149, related to cultivation requirement for
entered lands.
Section 237e, act Apr. 20, 1936, ch. 239, 1, 49 Stat. 1235,
excused entrymen from compliance with requirements of homestead laws as
to residence, cultivation, improvements, expenditures or purchase money
where absence was due to economic conditions in 1936.
Section 237f, act July 30, 1956, ch. 778, 1, 70 Stat. 715, related
to absence during 1956 to 1959 due to economic conditions and protection
of rights of entryman.
Section 237g, act July 30, 1956, ch. 778, 2, 70 Stat. 716, related
to homestead or desert land applications on file as of Mar. 1, 1956, and
entries and rights of United States.
Section 237h, act July 30, 1956, ch. 778, 4, 70 Stat. 716, set
forth lands subject to protection of rights of entryman.
Section 238, acts Mar. 1, 1921, ch. 102, 1, 41 Stat. 1202; Apr.
7, 1922, ch. 125, 42 Stat. 492, related to excusing residence and
cultivation, etc., requirements for disabled veterans.
Section 239, R.S. 2308, related to service in Army, Navy, etc., as
equivalent to residence.
Section 240, acts June 16, 1898, ch. 458, 30 Stat. 473; Aug. 29,
1916, ch. 420, 39 Stat. 671, related to service in time of war as
equivalent to residence and cultivation.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 241, 242. Repealed. Oct. 17, 1940, ch. 888, article V, 503( 3),
54 Stat. 1187
TITLE 43 -- PUBLIC LANDS
Section 241, act July 28, 1917, ch. 44, 1, 40 Stat. 248, related to
residence requirements of entrymen in military service during war.
Section 242, act July 28, 1917, ch. 44, 2, 40 Stat. 248, related to
widows and children of entrymen who died in military service during war.
43 USC 243, 243a. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 243, act Apr. 7, 1930, ch. 108, 46 Stat. 144, related to
military service in certain Indian wars as equivalent to residence and
cultivation.
Section 243a, act Mar. 3, 1933, ch. 198, 47 Stat. 1424, related to
extension of credits for military service in certain Indian wars to
widows and issuance of patents to minor children on death of mother.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER VI -- FINAL PROOF GENERALLY
TITLE 43 -- PUBLIC LANDS
43 USC 251 to 256b. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 251, act Mar. 3, 1879, ch. 192, 20 Stat. 472; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
related to notice of intention to make final proof.
Section 252, act Mar. 2, 1889, ch. 381, 7, 25 Stat. 855, related
to time of taking testimony for final proof in case of unavoidable
delay.
Section 253, act June 3, 1878, ch. 152, 20 Stat. 91, related to
publication of notice of contest.
Section 254, R.S. 2294; May 26, 1890, ch. 355, 26 Stat. 121;
Mar. 3, 1893, ch. 208, 27 Stat. 593; Mar. 11, 1902, ch. 182, 32
Stat. 63; Mar. 4, 1904, ch. 394, 33 Stat. 59; Oct. 28, 1921, ch.
114, 1, 42 Stat. 208; Feb. 23, 1923, ch. 105, 42 Stat. 1281; Mar.
3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 17, 1968, Pub. L.
90-578, title IV, 402(b)(2), 82 Stat. 1118, related to officers before
whom affidavits or proofs may be made, perjury, and fees.
Section 255, R.S. 2293; Oct. 6, 1917, ch. 86, 40 Stat. 391; 1946
Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100, related to affidavits taken by commanding officer for person in
military or naval service.
Section 256, act Mar. 4, 1913, ch. 149, 1, 37 Stat. 925, related
to election as to law under which final proof may be made.
Section 256a, acts May 13, 1932, ch. 178, 1, 2, 47 Stat. 153; June
16, 1933, ch. 99, 48 Stat. 274; July 26, 1935, ch. 419, 49 Stat.
504; June 16, 1937, ch. 361, 50 Stat. 303, related to extension of
time for offering final proof, and promulgation of rules and
regulations.
Section 256b, act Aug. 27, 1935, ch. 770, 49 Stat. 909, related to
final proof by disabled World War I veterans.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER VII -- PAYMENTS AND REFUNDS
TITLE 43 -- PUBLIC LANDS
43 USC 261. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21, 1976,
90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section, acts Sept. 30, 1890, No. 59, 26 Stat. 684; Oct. 28,
1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, related to time for payments and extension of
time.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 262. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1029
TITLE 43 -- PUBLIC LANDS
Section, act Mar. 2, 1907, ch. 2568, 34 Stat. 1248, provided for
refund of excess payments. See section 1374 of this title.
43 USC 263. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21, 1976,
90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section, acts June 16, 1880, ch. 244, 1-4, 21 Stat. 287; Apr. 18,
1904, No. 25, 33 Stat. 589; 1946 Reorg. Plan No. 3, 403, eff. July
16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to cancellation of
entries and repayment of fees.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER VIII -- ALASKA HOMESTEADS
TITLE 43 -- PUBLIC LANDS
43 USC 270. Repealed. Pub. L. 94-579, title VII, 703(a), Oct. 21, 1976,
90 Stat. 2789
TITLE 43 -- PUBLIC LANDS
Section, acts May 14, 1898, ch. 299, 1, 30 Stat. 409; Mar. 3,
1903, ch. 1002, 32 Stat. 1028; Aug. 24, 1912, ch. 387, 1, 37 Stat.
512; Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch.
462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100; Apr. 29, 1950, ch. 137, 1, 64 Stat. 94;
Aug. 3, 1955, ch. 496, 1, 69 Stat. 444, set forth provisions relating
to applicability of homestead laws to Alaska. Section was formerly
classified to section 371 of Title 48, Territories and Insular
Possessions.
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 270-1 to 270-3. Repealed. Pub. L. 92-203, 18(a), Dec. 18, 1971,
85 Stat. 710
TITLE 43 -- PUBLIC LANDS
Section 270-1, acts May 17, 1906, ch. 2469, 1, 34 Stat. 197; Aug.
2, 1956, ch. 891, 1(a)-(d), 70 Stat. 954, authorized making of
homestead allotments to native Indians, Aleuts, or Eskimos and provided
for conveyance of allotted lands. Section was formerly classified to
section 357 of Title 48, Territories and Insular Possessions.
Section 270-2, act May 17, 1906, ch. 2469, 2, as added Aug. 2,
1956, ch. 891, 1(e), 70 Stat. 954, permitted allotments of land in
national forests if land was certified as chiefly valuable for
agricultural or grazing uses. Section was formerly classified to
section 357a of Title 48.
Section 270-3, act May 27, 1906, ch. 2469, 3, as added Aug. 2,
1956, ch. 891, 1(e), 70 Stat. 954, prohibited making of an allotment
unless person made satisfactory proof of substantially continuous use
and occupancy of land for five years. Section was formerly classified
to section 357b of Title 48.
43 USC 270-4. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21, 1976,
90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section, acts May 14, 1898, ch. 299, 10, 30 Stat. 413; Oct. 28,
1921, ch. 114 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1144; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, related to affidavits, and filing, publishing, and
posting proof of claims.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 270-5 to 270-10. Repealed. Pub. L. 94-579, title VII, 703( a),
Oct. 21, 1976, 90 Stat. 2789
TITLE 43 -- PUBLIC LANDS
Section 270-5, act Apr. 29, 1950, ch. 137, 2, 64 Stat. 95,
required filing of notice of location of settlement claims for public
lands in Alaska. Section was formerly classified to section 371a of
Title 48, Territories and Insular Possessions.
Section 270-6, act Apr. 29, 1950, ch. 137, 3, 64 Stat. 95, set
forth effects of failure to file notice of settlement claim. Section
was formerly classified to section 371b of Title 48.
Section 270-7, acts Apr. 29, 1950, ch. 137, 4, 64 Stat. 95; July
11, 1956, ch. 571, 2, 70 Stat. 529, required final or commutation
proof on unsurveyed land as basis for free survey. Section was formerly
classified to section 371c of Title 48.
Section 270-8, acts July 8, 1916, ch. 228, 1, 39 Stat. 352; June
28, 1918, ch. 110, 40 Stat. 632, set forth the amount of homestead
entries for every qualified person. Section was formerly classified to
section 373 of Title 48.
Section 270-9, acts July 8, 1916, ch. 228, 1, 39 Stat. 352; June
28, 1918, ch. 110, 40 Stat. 632, removed bar of former entry in any
other State or Territory as bar to homestead entry in Alaska. Section
was formerly classified to section 374 of Title 48.
Section 270-10, act July 8, 1916, ch. 228, 2, as added June 28,
1918, ch. 110, 40 Stat. 633, and amended Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100;
July 11, 1956, ch. 571, 1, 70 Stat. 528, set forth requirements for
entry on unsurveyed lands. Section was formerly classified to section
375 of Title 48.
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 270-11. Repealed. Pub. L. 94-579, title VII, 703(a), Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section, acts Mar. 8, 1922, ch. 96, 1, 42 Stat. 415; Aug. 23,
1958, Pub. L. 85-725, 1, 72 Stat. 730, related to entry on land
containing coal, oil, or gas.
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after tenth anniversary of date of
approval of this Act, Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 270-12. Disposal by United States of coal, oil, or gas deposits
reserved to United States; entry, reentry, etc., on lands for
prospecting, mining, and removal
TITLE 43 -- PUBLIC LANDS
The coal, oil, or gas deposits reserved to the United States in
accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C.
270-11 et seq.), as added to by the Act of August 17, 1961 (75 Stat.
384; 43 U.S.C. 270-13), and amended by the Act of October 3, 1962 (76
Stat. 740; 43 U.S.C. 270-13), shall be subject to disposal by the
United States in accordance with the provisions of the laws applicable
to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in
force at the time of such disposal. Any person qualified to acquire
coal, oil, or gas deposits, or the right to mine or remove the coal or
to drill for and remove the oil or gas under the laws of the United
States shall have the right at all times to enter upon the lands
patented under the Act of March 8, 1922, as amended, and in accordance
with the provisions hereof, for the purpose of prospecting for coal,
oil, or gas therein, upon the approval by the Secretary of the Interior
of a bond or undertaking to be filed with him as security for the
payment of all damages to the crops and improvements on such lands by
reason of such prospecting. Any person who has acquired from the United
States the coal, oil, or gas deposits in any such land, or the right to
mine, drill for, or remove the same, may reenter and occupy so much of
the surface thereof incident to the mining and removal of the coal, oil,
or gas therefrom, and mine and remove the coal or drill for and remove
oil and gas upon payment of the damages caused thereby to the owner
thereof, or upon giving a good and sufficient bond or undertaking in an
action instituted in any competent court to ascertain and fix said
damages: Provided, That the owner under such limited patent shall have
the right to mine the coal for use on the land for domestic purposes at
any time prior to the disposal by the United States of the coal
deposits: Provided further, That nothing in this Act shall be construed
as authorizing the exploration upon or entry of any coal deposits
withdrawn from such exploration and purchase.
(Mar. 8, 1922, ch. 96, 2, 42 Stat. 416; Aug. 23, 1958, Pub. L.
85-725, 2, 72 Stat. 730; Oct. 21, 1976, Pub. L. 94-579, title VII,
703(c), 90 Stat. 2791.)
Act of March 8, 1922 and this Act, referred to in text, is act Mar.
8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified to
sections 270-11 to 270-13 of this title. The provisions added by the
act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962 were
classified to section 270-13 of this title. Sections 270-11 and 270-13
of this title were repealed by section 703(a) of Pub. L. 94-579. For
complete classification of this Act to the Code, see Tables.
Section was formerly classified to section 377 of Title 48,
Territories and Insular Possessions.
1976 -- Pub. L. 94-579 substituted provisions relating to disposal
by United States of coal, oil, or gas deposits reserved to the United
States, applicability of statutory provisions to such disposal, and
entry, reentry, etc., on lands for prospecting, mining, and removal of
deposits, for provisions relating to patent for land entered under
section 270-11 of this title, reservation to the patented land, disposal
of reserved coal, oil, or gas deposits, and entry, reentry, etc., on
lands for prospecting, mining, and removal of deposits.
1958 -- Pub. L. 85-725 struck out ''And provided further, That
nothing herein contained shall be held or construed to authorize the
entry or disposition, under section 274 of this title, or under Acts
amendatory thereof or supplemental thereto, of withdrawn or classified
coal, oil, or gas lands or of lands valuable for coal, oil, or gas''.
Section 703(c) of Pub. L. 94-579 provided that the amendment made by
that section is effective on and after tenth anniversary of date of
approval of this Act, Oct. 21, 1976.
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 270-13 to 270-17. Repealed. Pub. L. 94-579, title VII, 703( a),
Oct. 21, 1976, 90 Stat. 2789
TITLE 43 -- PUBLIC LANDS
Section 270-13, act Mar. 8, 1922, ch. 96, 3, as added Aug. 17,
1961, Pub. L. 87-147, 75 Stat. 384, and amended Oct. 3, 1962, Pub.
L. 87-742, 76 Stat. 740, authorized sale or other disposition of
Alaskan lands containing coal, oil, or gas deposits. Section was
formerly classified to section 377a of Title 48, Territories and Insular
Possessions.
Section 270-14, act July 8, 1916, ch. 228, 3, formerly 2, 39 Stat.
352, renumbered June 28, 1918, ch. 110, 40 Stat. 633, excepted certain
lands in Alaska from homestead entry and settlement. Section was
formerly classified to section 378 of Title 48.
Section 270-15, acts Apr. 13, 1926, ch. 121, 1, 44 Stat. 243;
Apr. 29, 1950, ch. 134, 3, 64 Stat. 93, related to claims and
rectangular system of surveys and departure for local or topographic
conditions.
Section 270-16, acts Oct. 28, 1921, ch. 114, 1, 42 Stat. 208;
Mar. 3, 1925, ch. 462, 43 Stat. 1145; Apr. 13, 1926, ch. 121, 2, 44
Stat. 244; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.
R. 7876, 60 Stat. 1100, related to additional entries by soldiers.
Section 270-17, act Apr. 13, 1926, ch. 121, 3, 44 Stat. 244,
related to disposition of deposit of estimated cost of work incident to
survey, and promulgation of rules and regulations.
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after tenth anniversary of date of
approval of this Act, Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER IX -- SOLDIERS' AND SAILORS' HOMESTEAD
TITLE 43 -- PUBLIC LANDS
43 USC 271 to 284. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 271, R.S. 2304; Mar. 1, 1901, ch. 674, 31 Stat. 847,
related to soldiers and sailors entitled to make entry.
Section 272, R.S. 2305; Mar. 1, 1901, ch. 674, 31 Stat. 847;
Apr. 6, 1922, ch. 122, 1, 42 Stat. 491, related to deduction of
military and naval service from time required to perfect title, and
rights of widows and children of veterans.
Section 272a, acts Feb. 25, 1919, ch. 37, 40 Stat. 1161; Dec.
28, 1922, ch. 19, 42 Stat. 1067, related to applicability of sections
271 and 272 of this title to military and naval operations on Mexican
border or in World War I.
Section 273, act Apr. 6, 1922, ch. 122, 1, 42 Stat. 491, related
to veterans receiving compensation for wounds or disability.
Section 274, R.S. 2306, related to additional entry by veteran.
Section 275, act Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg.
Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
related to invalidity of additional entries, and commutation.
Section 276, act Aug. 18, 1894, ch. 301, 1, 28 Stat. 397, related
to issuance of additional homestead certificates.
Section 277, R.S. 2309, related to additional entry by agent.
Section 278, R.S. 2307; Feb. 25, 1919, ch. 37, 40 Stat. 1161;
Sept. 21, 1922, ch. 357, 42 Stat. 990, set forth rights of veteran's
widow to make entry, and rights of children upon her death.
Section 279, acts Sept. 27, 1944, ch. 421, 1, 58 Stat. 747; June
25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, 1, 61 Stat.
123; June 18, 1954, ch. 306, 1(a), (b), 68 Stat. 253, set forth
preference rights of entry of World War II or Korean conflict veterans.
Section 280, acts Sept. 27, 1944, ch. 421, 2, 58 Stat. 748; May
31, 1947, ch. 88, 2, 61 Stat. 123, related to rights of dependents of
World War II or Korean conflict veterans.
Section 281, act Sept. 27, 1944, ch. 421, 3, 58 Stat. 748, related
to death of World War II or Korean conflict veteran as affecting patent
rights of minor children.
Section 282, acts Sept. 27, 1944, ch. 421, 4, 58 Stat. 748; May
31, 1947, ch. 88, 3, 61 Stat. 124; June 18, 1954, ch. 306, 1(c), 68
Stat. 254, related to rights of World War II or Korean conflict veteran
on revocation of withdrawal order.
Section 283, acts Sept. 27, 1944, ch. 421, 6, formerly 5, 58 Stat.
748, renumbered 6, June 3, 1948, ch. 399, 62 Stat. 305, related to
promulgation of rules and regulations respecting preference right of
entry of World War II or Korean conflict veteran.
Section 284, act Sept. 27, 1944, ch. 421, 5, as added June 3, 1948,
ch. 399, 62 Stat. 305, defined ''homestead'' for purposes of
preference right of entry of World War II or Korean conflict veteran.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC SUBCHAPTER X -- STOCK-RAISING HOMESTEAD
TITLE 43 -- PUBLIC LANDS
43 USC 291 to 298. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 291, acts Dec. 29, 1916, ch. 9, 1, 39 Stat. 862; Feb.
28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53, 48 Stat.
119, related to entry on unappropriated, unreserved lands, and lands
excepted from entry.
Section 292, acts Dec. 29, 1916, ch. 9, 2, 39 Stat. 862; Oct.
28, 1921, ch. 114, 1, 42 Stat. 208; June 6, 1924, ch. 274, 43 Stat.
469; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
designation of lands subject to entry, and application thereof.
Section 293, acts Dec. 29, 1916, ch. 9, 3, 39 Stat. 863; Oct.
25, 1918, ch. 195, 40 Stat. 1016, related to persons entitled to make
entries and effect of entries.
Section 294, acts Dec. 29, 1916, ch. 9, 4, 39 Stat. 863; Sept.
29, 1919, ch. 63, 41 Stat. 287, related to additional entries and
amount of entry.
Section 295, acts Dec. 29, 1916, ch. 9, 5, 39 Stat. 863; Sept.
29, 1919, ch. 63, 41 Stat. 287, related to persons entitled to make
additional entries.
Section 296, act Dec. 29, 1916, ch. 9, 6, 39 Stat. 863, related to
heads of families, etc., and relinquishment or reconveyance of land.
Section 297, act Dec. 29, 1916, ch. 9, 7, 39 Stat. 864, related to
applicability of commutation provisions to entries.
Section 298, act Dec. 29, 1916, ch. 9, 8, 39 Stat. 864, set forth
provisions relating to additional entries and preferential rights.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 299. Reservation of coal and mineral rights
TITLE 43 -- PUBLIC LANDS
All entries made and patents issued under the provisions of this
subchapter shall be subject to and contain a reservation to the United
States of all the coal and other minerals in the lands so entered and
patented, together with the right to prospect for, mine, and remove the
same. The coal and other mineral deposits in such lands shall be
subject to disposal by the United States in accordance with the
provisions of the coal and mineral land laws in force at the time of
such disposal. Any person qualified to locate and enter the coal or
other mineral deposits, or having the right to mine and remove the same
under the laws of the United States, shall have the right at all times
to enter upon the lands entered or patented, as provided by this
subchapter, for the purpose of prospecting for coal or other mineral
therein, provided he shall not injure, damage, or destroy the permanent
improvements of the entryman or patentee, and shall be liable to and
shall compensate the entryman or patentee for all damages to the crops
on such lands by reason of such prospecting. Any person who has
acquired from the United States the coal or other mineral deposits in
any such land, or the right to mine and remove the same, may reenter and
occupy so much of the surface thereof as may be required for all
purposes reasonably incident to the mining or removal of the coal or
other minerals, first, upon securing the written consent or waiver of
the homestead entryman or patentee; second, upon payment of the damages
to crops or other tangible improvements to the owner thereof, where
agreement may be had as to the amount thereof; or, third, in lieu of
either of the foregoing provisions, upon the execution of a good and
sufficient bond or undertaking to the United States for the use and
benefit of the entryman or owner of the land, to secure the payment of
such damages to the crops or tangible improvements of the entryman or
owner, as may be determined and fixed in an action brought upon the bond
or undertaking in a court of competent jurisdiction against the
principal and sureties thereon, such bond or undertaking to be in form
and in accordance with rules and regulations prescribed by the Secretary
of the Interior and to be filed with and approved by the officer
designated by the Secretary of the Interior of the local land office of
the district wherein the land is situate, subject to appeal to the
Secretary of the Interior or such officer as he may designate:
Provided, That all patents issued for the coal or other mineral deposits
herein reserved shall contain appropriate notations declaring them to be
subject to the provisions of this subchapter with reference to the
disposition, occupancy, and use of the land as permitted to an entryman
under this subchapter.
(Dec. 29, 1916, ch. 9, 9, 39 Stat. 864; Oct. 28, 1921, ch. 114, 1,
42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''officer designated by the Secretary of the Interior''
substituted for ''register'' and ''Secretary of the Interior or such
officer as he may designate'' substituted for ''Commissioner of the
General Land Office'' on authority of section 403 of Reorg. Plan No. 3
of 1946. See note set out under section 1 of this title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United States
Supervisor of Surveys.
43 USC 300. Repealed. Pub. L. 94-579, title VII, 704(a), Oct. 21, 1976,
90 Stat. 2792
TITLE 43 -- PUBLIC LANDS
Section, acts Dec. 29, 1916, ch. 9, 10, 39 Stat. 865; Jan. 29,
1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing
reservation of land containing water holes.
Section 704(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 301. Rules and regulations
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to make all necessary
rules and regulations in harmony with the provisions and purposes of
this subchapter for the purpose of carrying the same into effect.
(Dec. 29, 1916, ch. 9, 11, 39 Stat. 865.)
43 USC 302. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21, 1976,
90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section, act Mar. 4, 1923, ch. 245, 2, 42 Stat. 1445, related to
additional entries, and lands in national forests.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC CHAPTER 8 -- TIMBER AND STONE LANDS
TITLE 43 -- PUBLIC LANDS
43 USC 311 to 313. Repealed. Aug. 1, 1955, ch. 448, 69 Stat. 434
TITLE 43 -- PUBLIC LANDS
Section 311, acts June 3, 1878, ch. 151, 1, 20 Stat. 89; Aug. 4,
1892, ch. 375, 2, 27 Stat. 348; May 18, 1898, ch. 344, 1, 30 Stat.
418, authorized sale of public lands valuable chiefly for timber or
stone.
Section 312, acts June 3, 1878, ch. 151, 2, 20 Stat. 89; Oct. 28,
1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145, provided for applications for purchase of timber and stone lands.
Section 313, act June 3, 1878, ch. 151, 3, 20 Stat. 90, provided
for publication of applications to purchase timber and stone lands,
patent and entry.
Act Aug. 1, 1955, provided that the repeal of sections 311 to 313 is
subject to valid existing rights and claims.
43 USC CHAPTER 8A -- GRAZING LANDS
TITLE 43 -- PUBLIC LANDS
Sec.
315. Grazing districts; establishment; restrictions; prior
rights; rights-of-way; hearing and notice; hunting or fishing rights.
315a. Protection, administration, regulation, and improvement of
districts; rules and regulations; study of erosion and flood control;
offenses.
315b. Grazing permits; fees; vested water rights; permits not to
create right in land.
315c. Fences, wells, reservoirs, and other improvements;
construction; permits; partition fences.
315d. Grazing stock for domestic purposes; use of natural
resources.
315e. Rights of way; development of mineral resources.
315f. Homestead entry within district or withdrawn lands;
classification; preferences.
315g, 315g-1. Repealed.
315h. Cooperation with associations, land officials, and agencies
engaged in conservation or propagation of wildlife; local hearings on
appeals; acceptance and use of contributions.
315i. Disposition of moneys received; availability for
improvements.
315j. Appropriation of moneys received; application of public-land
laws to Indian ceded lands; application for mineral title to lands.
315k. Cooperation with governmental departments; coordination of
range administration.
315l. Lands under national-forest administration.
315m. Lease of isolated or disconnected tracts for grazing;
preferences.
315m-1. Lease of State, county, or privately owned lands; period of
lease; rental.
315m-2. Administration of leased lands.
315m-3. Availability of contributions received.
315m-4. Disposition of receipts; availability for leasing of land.
315n. State police power not abridged.
315o. Repealed.
315o-1. Board of grazing district advisers; composition; meetings;
duties.
315o-2. Animals and equipment for field employees.
315p. Repealed.
315q. Withdrawal of lands for war or national defense purposes;
payment for cancellation of permits or licenses.
315r. Rental payments in advance in case of withdrawal of lands for
war or national defense purposes.
316. Declaration of policy.
316a. Definitions.
316b. Grazing districts.
316c. Alteration of grazing districts.
316d. Notice of establishment and alteration of grazing district;
hearings.
316e. Preferences.
316f. Terms and conditions of lease.
(a) Period of lease.
(b) Size of leasehold.
(c) Terms for surrender of lease.
(d) Terms for renewal of lease.
316g. Grazing fees.
316h. Dispositions of receipts.
316i. Assignment of leases.
316j. Improvements to leasehold.
(a) Authorization.
(b) Removal of improvement upon termination of lease.
(c) Payment for improvement upon termination of lease.
316k. Penalties.
316l. Stock driveways and free grazing.
(a) Establishment, maintenance and regulation.
(b) Grazing of livestock free of charge.
(c) Grazing allotments to Eskimos or other native or half-breed.
316m. Hearing and appeals.
316n. Administration.
316o. Laws applicable.
43 USC SUBCHAPTER I -- GENERALLY
TITLE 43 -- PUBLIC LANDS
title 30 section 601; title 50 App. section 561.
43 USC 315. Grazing districts; establishment; restrictions; prior
rights; rights-of-way; hearing and notice; hunting or fishing rights
TITLE 43 -- PUBLIC LANDS
In order to promote the highest use of the public lands pending its
final disposal, the Secretary of the Interior is authorized, in his
discretion, by order to establish grazing districts or additions thereto
and/or to modify the boundaries thereof, of vacant, unappropriated, and
unreserved lands from any part of the public domain of the United States
(exclusive of Alaska), which are not in national forests, national parks
and monuments, Indian reservations, revested Oregon and California
Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and
which in his opinion are chiefly valuable for grazing and raising forage
crops: Provided, That no lands withdrawn or reserved for any other
purpose shall be included in any such district except with the approval
of the head of the department having jurisdiction thereof. Nothing in
this subchapter shall be construed in any way to diminish, restrict, or
impair any right which has been heretofore or may be hereafter initiated
under existing law validly affecting the public lands, and which is
maintained pursuant to such law except as otherwise expressly provided
in this subchapter nor to affect any land heretofore or hereafter
surveyed which, except for the provisions of this subchapter, would be a
part of any grant to any State, nor as limiting or restricting the power
or authority of any State as to matters within its jurisdiction.
Whenever any grazing district is established pursuant to this
subchapter, the Secretary shall grant to owners of land adjacent to such
district, upon application of any such owner, such rights-of-way over
the lands included in such district for stock-driving purposes as may be
necessary for the convenient access by any such owner to marketing
facilities or to lands not within such district owned by such person or
upon which such person has stock-grazing rights. Neither this subchapter
nor the Act of December 29, 1916 (39 Stat. 862; U.S.C., title 43, secs.
291 and following), commonly known as the ''Stock Raising Homestead
Act'', shall be construed as limiting the authority or policy of
Congress or the President to include in national forests public lands of
the character described in section 471 /1/ of title 16, for the purposes
set forth in section 475 of title 16, or such other purposes as Congress
may specify. Before grazing districts are created in any State as
herein provided, a hearing shall be held in the State, after public
notice thereof shall have been given, at such location convenient for
the attendance of State officials, and the settlers, residents, and
livestock owners of the vicinity, as may be determined by the Secretary
of the Interior. No such district shall be established until the
expiration of ninety days after such notice shall have been given, nor
until twenty days after such hearing shall be held: Provided, however,
That the publication of such notice shall have the effect of withdrawing
all public lands within the exterior boundary of such proposed grazing
districts from all forms of entry of settlement. Nothing in this
subchapter shall be construed as in any way altering or restricting the
right to hunt or fish within a grazing district in accordance with the
laws of the United States or of any State, or as vesting in any
permittee any right whatsoever to interfere with hunting or fishing
within a grazing district.
(June 28, 1934, ch. 865, 1, 48 Stat. 1269; June 26, 1936, ch. 842,
title I, 1, 49 Stat. 1976; May 28, 1954, ch. 243, 2, 68 Stat. 151.)
The Stock Raising Homestead Act, referred to in text, is act Dec.
29, 1916, ch. 9, 39 Stat. 862, as amended, which was classified
generally to subchapter X ( 291 et seq.) of chapter 7 of this title and
was repealed by Pub. L. 94-579, title VII, 702, 704(a), Oct. 21, 1976,
90 Stat. 2787, 2792, except for sections 9 and 11 which are classified
to sections 299 and 301, respectively, of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 291 of this title and Tables.
Section 471 of title 16, referred to in text, was repealed by Pub.
L. 94-579, title VII, 704(a), Oct. 21, 1976, 90 Stat. 2792.
1954 -- Act May 28, 1954, struck out of first sentence provision
limiting to one hundred and forty-two million acres the area which might
be included in grazing districts.
1936 -- Act June 26, 1936, increased acreage which could be included
in grazing districts from 80 million to 142 million acres.
Act June 28, 1934, which enacted this subchapter, is popularly known
as the ''Taylor Grazing Act''.
/1/ See References in Text note below.
43 USC 315a. Protection, administration, regulation, and improvement of
districts; rules and regulations; study of erosion and flood control;
offenses
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior shall make provision for the
protection, administration, regulation, and improvement of such grazing
districts as may be created under the authority of section 315 of this
title, and he shall make such rules and regulations and establish such
service, enter into such cooperative agreements, and do any and all
things necessary to accomplish the purposes of this subchapter and to
insure the objects of such grazing districts, namely, to regulate their
occupancy and use, to preserve the land and its resources from
destruction or unnecessary injury, to provide for the orderly use,
improvement, and development of the range; and the Secretary of the
Interior is authorized to continue the study of erosion and flood
control and to perform such work as may be necessary amply to protect
and rehabilitate the areas subject to the provisions of this subchapter,
through such funds as may be made available for that purpose, and any
willful violation of the provisions of this subchapter or of such rules
and regulations thereunder after actual notice thereof shall be
punishable by a fine of not more than $500.
(June 28, 1934, ch. 865, 2, 48 Stat. 1270.)
43 USC 315b. Grazing permits; fees; vested water rights; permits not
to create right in land
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to issue or cause to be
issued permits to graze livestock on such grazing districts to such bona
fide settlers, residents, and other stock owners as under his rules and
regulations are entitled to participate in the use of the range, upon
the payment annually of reasonable fees in each case to be fixed or
determined from time to time in accordance with governing law. Grazing
permits shall be issued only to citizens of the United States or to
those who have filed the necessary declarations of intention to become
such, as required by the naturalization laws, and to groups,
associations, or corporations authorized to conduct business under the
laws of the State in which the grazing district is located. Preference
shall be given in the issuance of grazing permits to those within or
near a district who are landowners engaged in the livestock business,
bona fide occupants or settlers, or owners of water or water rights, as
may be necessary to permit the proper use of lands, water or water
rights owned, occupied, or leased by them, except that until July 1,
1935, no preference shall be given in the issuance of such permits to
any such owner, occupant, or settler, whose rights were acquired between
January 1, 1934, and December 31, 1934, both dates, inclusive, except
that no permittee complying with the rules and regulations laid down by
the Secretary of the Interior shall be denied the renewal of such
permit, if such denial will impair the value of the grazing unit of the
permittee, when such unit is pledged as security for any bona fide loan.
Such permits shall be for a period of not more than ten years, subject
to the preference right of the permittees to renewal in the discretion
of the Secretary of the Interior, who shall specify from time to time
numbers of stock and seasons of use. During periods of range depletion
due to severe drought or other natural causes, or in case of a general
epidemic of disease, during the life of the permit, the Secretary of the
Interior is authorized, in his discretion to remit, reduce, refund in
whole or in part, or authorize postponement of payment of grazing fees
for such depletion period so long as the emergency exists: Provided
further, That nothing in this subchapter shall be construed or
administered in any way to diminish or impair any right to the
possession and use of water for mining, agriculture, manufacture, or
other purposes which has heretofore vested or accrued under existing law
validly affecting the public lands or which may be hereafter initiated
or acquired and maintained in accordance with such law. So far as
consistent with the purposes and provisions of this subchapter, grazing
privileges recognized and acknowledged shall be adequately safeguarded,
but the creation of a grazing district or the issuance of a permit
pursuant to the provisions of this subchapter shall not create any
right, title, interest, or estate in or to the lands.
(June 28, 1934, ch. 865, 3, 48 Stat. 1270; Aug. 6, 1947, ch. 507, 1,
61 Stat. 790; Oct. 21, 1976, Pub. L. 94-579, title IV, 401(b)(3), 90
Stat. 2773.)
1976 -- Pub. L. 94-579 substituted provisions authorizing fees to be
fixed in accordance with governing law, for provisions authorizing fees
to take into account public benefits to users of grazing districts over
and above benefits accruing to users of forage resources and provisions
requiring fees to consist of a grazing fee and a range-improvement fee.
1947 -- Act Aug. 6, 1947, provided for method to be used by
Secretary of the Interior in fixing amount of grazing fees and by
assessing a separate grazing fee and a range-improvement fee.
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 315c. Fences, wells, reservoirs, and other improvements;
construction; permits; partition fences
TITLE 43 -- PUBLIC LANDS
Fences, wells, reservoirs, and other improvements necessary to the
care and management of the permitted livestock may be constructed on the
public lands within such grazing districts under permit issued by the
authority of the Secretary, or under such cooperative arrangement as the
Secretary may approve. Permittees shall be required by the Secretary of
the Interior to comply with the provisions of law of the State within
which the grazing district is located with respect to the cost and
maintenance of partition fences. No permit shall be issued which shall
entitle the permittee to the use of such improvements constructed and
owned by a prior occupant until the applicant has paid to such prior
occupant the reasonable value of such improvements to be determined
under rules and regulations of the Secretary of the Interior. The
decision of the Secretary in such cases is to be final and conclusive.
(June 28, 1934, ch. 865, 4, 48 Stat. 1271.)
43 USC 315d. Grazing stock for domestic purposes; use of natural
resources
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior shall permit, under regulations to be
prescribed by him, the free grazing within such districts of livestock
kept for domestic purposes; and provided that so far as authorized by
existing law or laws hereinafter enacted, nothing contained in this
subchapter shall prevent the use of timber, stone, gravel, clay, coal,
and other deposits by miners, prospectors for mineral, bona fide
settlers and residents, for firewood, fencing, buildings, mining,
prospecting, and domestic purposes within areas subject to the
provisions of this subchapter.
(June 28, 1934, ch. 865, 5, 48 Stat. 1271.)
43 USC 315e. Rights of way; development of mineral resources
TITLE 43 -- PUBLIC LANDS
Nothing contained in this subchapter shall restrict the acquisition,
granting or use of permits or rights of way within grazing districts
under existing law; or ingress or egress over the public lands in such
districts for all proper and lawful purposes; and nothing contained in
this subchapter shall restrict prospecting, locating, developing,
mining, entering, leasing, or patenting the mineral resources of such
districts under law applicable thereto.
(June 28, 1934, ch. 865, 6, 48 Stat. 1272.)
43 USC 315f. Homestead entry within district or withdrawn lands;
classification; preferences
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized, in his discretion, to
examine and classify any lands withdrawn or reserved by Executive order
of November 26, 1934 (numbered 6910), and amendments thereto, and
Executive order of February 5, 1935 (numbered 6964), or within a grazing
district, which are more valuable or suitable for the production of
agricultural crops than for the production of native grasses and forage
plants, or more valuable or suitable for any other use than for the use
provided for under this subchapter or proper for acquisition in
satisfaction of any outstanding lieu, exchange or script /1/ rights or
land grant, and to open such lands to entry, selection, or location for
disposal in accordance with such classification under applicable
public-land laws, except that homestead entries shall not be allowed for
tracts exceeding three hundred and twenty acres in area. Such lands
shall not be subject to disposition, settlement, or occupation until
after the same have been classified and opened to entry: Provided, That
locations and entries under the mining laws including the Act of
February 25, 1920, as amended (30 U.S.C. 181 et seq.), may be made upon
such withdrawn and reserved areas without regard to classification and
without restrictions or limitation by any provision of this subchapter.
Where such lands are located within grazing districts reasonable notice
shall be given by the Secretary of the Interior to any grazing permittee
of such lands. The applicant, after his entry, selection, or location
is allowed, shall be entitled to the possession and use of such lands:
Provided, That upon the application of any applicant qualified to make
entry, selection, or location, under the public-land laws, filed in the
land office of the proper district, the Secretary of the Interior shall
cause any tract to be classified, and such application, if allowed by
the Secretary of the Interior, shall entitle the applicant to a
preference right to enter, select, or locate such lands if opened to
entry as herein provided.
(June 28, 1934, ch. 865, 7, 48 Stat. 1272; June 26, 1936, ch. 842,
title I, 2, 49 Stat. 1976.)
The mining laws, referred to in text, are classified generally to
Title 30, Mineral Lands and Mining.
Act of February 25, 1920, as amended, referred to in text, is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
Leasing Act, which is classified generally to chapter 3A ( 181 et seq.)
of Title 30. For complete classification of this Act to the Code, see
Short Title note set out under section 181 of Title 30 and Tables.
The public-land laws, referred to in text, are classified generally
to this title.
1936 -- Act June 26, 1936, amended section generally.
/1/ So in original. Probably should be ''scrip''.
43 USC 315g, 315g-1. Repealed. Pub. L. 94-579, title VII, 705(a), Oct.
21, 1976, 90 Stat. 2792
TITLE 43 -- PUBLIC LANDS
Section 315g, acts June 28, 1934, ch. 865, 8, 48 Stat. 1272; June
26, 1936, ch. 842, title I, 3, 49 Stat. 1976; June 19, 1948, ch.
548, 1, 62 Stat. 533, related to acceptance of donations of grazing
lands.
Section 315g-1, Pub. L. 87-524, July 9, 1962, 76 Stat. 140,
authorized lands acquired under former section 315g of this title which
were parts of national forests to be continued in such status.
Section 705(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 315h. Cooperation with associations, land officials, and
agencies engaged in conservation or propagation of wildlife; local
hearings on appeals; acceptance and use of contributions
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior shall provide, by suitable rules and
regulations, for cooperation with local associations of stockmen, State
land officials, and official State agencies engaged in conservation or
propagation of wildlife interested in the use of the grazing districts.
The Secretary of the Interior shall provide by appropriate rules and
regulations for local hearings on appeals from the decisions of the
administrative officer in charge in a manner similar to the procedure in
the land department. The Secretary of the Interior shall also be
empowered to accept contributions toward the administration, protection,
and improvement of lands within or without the exterior boundaries of a
grazing district, moneys, so received to be covered into the Treasury as
a special fund, which is appropriated and made available until expended,
as the Secretary of the Interior may direct, for payment of expenses
incident to said administration, protection, and improvement, and for
refunds to depositors of amounts contributed by them in excess of their
share of the cost.
(June 28, 1934, ch. 865, 9, 48 Stat. 1273; June 19, 1948, ch. 548,
2, 62 Stat. 533.)
1948 -- Act June 19, 1948, substituted ''lands within or without the
external boundaries of a grazing district'' for ''the district'' in
third sentence, in order to permit acceptance of lands without
boundaries of grazing district.
43 USC 315i. Disposition of moneys received; availability for
improvements
TITLE 43 -- PUBLIC LANDS
Except as provided in sections 315h and 315j of this title, all
moneys received under the authority of this subchapter shall be
deposited in the Treasury of the United States as miscellaneous
receipts, but the following proportions of the moneys so received shall
be distributed as follows: (a) 12 1/2 per centum of the moneys
collected as grazing fees under section 315b of this title during any
fiscal year shall be paid at the end thereof by the Secretary of the
Treasury to the State in which the grazing districts producing such
moneys are situated, to be expended as the State legislature of such
State may prescribe for the benefit of the county or counties in which
the grazing districts producing such moneys are situated: Provided,
That if any grazing district is in more than one State or county, the
distributive share to each from the proceeds of said district shall be
proportional to its area in said district; (b) 50 per centum of all
moneys collected under section 315m of this title 1 during any fiscal
year shall be paid at the end thereof by the Secretary of the Treasury
to the State in which the lands producing such moneys are located, to be
expended as the State legislature of such State may prescribe for the
benefit of the county or counties in which the lands producing such
moneys are located: Provided, That if any leased tract is in more than
one State or county, the distributive share to each from the proceeds of
said leased tract shall be proportional to its area in said leased
tract.
(June 28, 1934, ch. 865, 10, 48 Stat. 1273; June 26, 1936, ch. 842,
title I, 4, 49 Stat. 1978; Aug. 6, 1947, ch. 507, 2, 61 Stat. 790;
Oct. 21, 1976, Pub. L. 94-579, title IV, 401(b)(2), 90 Stat. 2773.)
Section 315m of this title, referred to in text, was in the original
''said section'', referring back to section 315m cited in a preceding
provision which was deleted by Pub. L. 94-579 without correction to
phrase ''said section''.
1976 -- Pub. L. 94-579 in cl. (b) struck out authorization of
availability of 25 per centum of all moneys collected under section 315m
of this title during any fiscal year for construction, etc., of range
improvements.
1947 -- Act Aug. 6, 1947, reduced States' share of grazing fees
collected under section 315b of this title from 50 to 12 1/2 per centum
and provided for distribution of grazing fees collected under section
315m of this title with 25 per centum available for range improvements
and 50 per centum paid to the State.
1936 -- Act June 26, 1936, substituted ''under this subchapter during
any fiscal year'' for ''from each grazing district during any fiscal
year'', wherever appearing, ''in which the grazing districts or lands
producing such moneys are situated'' for ''in which said grazing
district is situated'' wherever appearing, and inserted in proviso ''or
leased tract'' after ''grazing district'' wherever appearing.
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
Receipts from administration of lands leased from State, county, or
private owner, see section 315m-4 of this title.
/1/ See References in Text note below.
43 USC 315j. Appropriation of moneys received; application of
public-land laws to Indian ceded lands; application for mineral title
to lands
TITLE 43 -- PUBLIC LANDS
When appropriated by Congress, 33 1/3 per centum of all grazing fees
received from each grazing district on Indian lands ceded to the United
States for disposition under the public-land laws during any fiscal year
shall be paid at the end thereof by the Secretary of the Treasury to the
State in which said lands are situated, to be expended as the State
legislature may prescribe for the benefit of public schools and public
roads of the county or counties in which such grazing lands are
situated. And the remaining 66 2/3 per centum of all grazing fees
received from such grazing lands shall be deposited to the credit of the
Indians pending final disposition under applicable laws, treaties, or
agreements. The applicable public land laws as to said Indian ceded
lands within a district created under this subchapter shall continue in
operation, except that each and every application for nonmineral title
to said lands in a district created under this subchapter shall be
allowed only if in the opinion of the Secretary of the Interior the land
is of the character suited to disposal through the Act under which
application is made and such entry and disposal will not affect
adversely the best public interest, but no settlement or occupation of
such lands shall be permitted until ninety days after allowance of an
application.
(June 28, 1934, ch. 865, 11, 48 Stat. 1273; Aug. 6, 1947, ch. 507,
3, 61 Stat. 791.)
The public land laws, referred to in text, are classified generally
to this title.
1947 -- Act Aug. 6, 1947, provided that 33 1/3 per centum of grazing
fees on certain Indian lands be paid to the States and the remaining 66
2/3 per centum of such fees be credited to the Indians.
Receipts from administration of lands leased from State, county, or
private owner, see section 315m-4 of this title.
Ute Indians, division of trust funds deposited in Treasury pursuant
to this section, see section 672 of Title 25, Indians.
43 USC 315k. Cooperation with governmental departments; coordination
of range administration
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to cooperate with any
department of the Government in carrying out the purposes of this
subchapter and in the coordination of range administration, particularly
where the same stock grazes part time in a grazing district and part
time in a national forest or other reservation.
(June 28, 1934, ch. 865, 12, 48 Stat. 1274.)
43 USC 315l. Lands under national-forest administration
TITLE 43 -- PUBLIC LANDS
The President of the United States is authorized to reserve by
proclamation and place under national-forest administration in any State
where national forests may be created or enlarged by Executive order any
unappropriated public lands lying within watersheds forming a part of
the national forests which, in his opinion, can best be administered in
connection with existing national-forest administration units, and to
place under the Interior Department administration any lands within
national forests, principally valuable for grazing, which, in his
opinion, can best be administered under the provisions of this
subchapter: Provided, That such reservations or transfers shall not
interfere with legal rights acquired under any public-land laws so long
as such rights are legally maintained. Lands placed under the
national-forest administration under the authority of this subchapter
shall be subject to all the laws and regulations relating to national
forests, and lands placed under the Interior Department administration
shall be subject to all public-land laws and regulations applicable to
grazing districts created under authority of this subchapter. Nothing
in this section shall be construed so as to limit the powers of the
President (relating to reorganizations in the executive departments)
granted by sections 124 to 132 of title 5. /1/
(June 28, 1934, ch. 865, 13, 48 Stat. 1274.)
The public-land laws, referred to in text, are classified generally
to this title.
Sections 124 to 132 of title 5, referred to in text, was in the
original ''title 4 of the Act entitled 'An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes', approved March 3, 1933'', meaning
Title IV of Part II ( 401-409) of the Legislative Appropriation Act,
fiscal year 1933, as amended generally by section 16 of act Mar. 3,
1933, ch. 212, 47 Stat. 1517, which was classified to sections 124 to
132 of former Title 5, Executive Departments and Government Officers and
Employees. Sections 124 to 131 of former Title 5 were repealed by Pub.
L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 632, the first section of which
enacted Title 5, Government Organization and Employees, and section 132
of former Title 5 was omitted as executed pursuant to its own terms.
/1/ See References in Text note below.
43 USC 315m. Lease of isolated or disconnected tracts for grazing;
preferences
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is further authorized, in his
discretion, where vacant, unappropriated, and unreserved lands of the
public domain are so situated as not to justify their inclusion in any
grazing district to be established pursuant to this subchapter, to lease
any such lands for grazing purposes, upon such terms and conditions as
the Secretary may prescribe: Provided, That preference shall be given
to owners, homesteaders, lessees, or other lawful occupants of
contiguous lands to the extent necessary to permit proper use of such
contiguous lands, except, that when such isolated or disconnected tracts
embrace seven hundred and sixty acres or less, the owners, homesteaders,
lessees, or other lawful occupants of lands contiguous thereto or
cornering thereon shall have a preference right to lease the whole of
such tract, during a period of ninety days after such tract is offered
for lease, upon the terms and conditions prescribed by the Secretary:
Provided further, That when public lands are restored from a withdrawal,
the Secretary may grant an appropriate preference right for a grazing
lease, license, or permit to users of the land for grazing purposes
under authority of the agency which had jurisdiction over the lands
immediately prior to the time of their restoration.
(June 28, 1934, ch. 865, 15, 48 Stat. 1275; June 26, 1936, ch. 842,
title I, 5, 49 Stat. 1978; May 28, 1954, ch. 243, 1, 68 Stat. 151.)
1954 -- Act May 28, 1954, inserted proviso authorizing Secretary to
grant a preference right to users of withdrawn public lands for grazing
purposes when lands are restored from withdrawal.
1936 -- Act June 26, 1936, inserted first proviso.
43 USC 315m-1. Lease of State, county, or privately owned lands;
period of lease; rental
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior in his discretion is authorized to
lease at rates to be determined by him any State, county, or privately
owned lands chiefly valuable for grazing purposes and lying within the
exterior boundaries of a grazing district when, in his judgment, the
leasing of such lands will promote the orderly use of the district and
aid in conserving the forage resources of the public lands therein:
Provided, That no such leases shall run for a period of more than ten
years and in no event shall the grazing fees paid the United States for
the grazing privileges on any of the lands leased under the provisions
of this section be less than the rental paid by the United States for
any of such lands: Provided further, That nothing in this section shall
be construed as authorizing the appropriation of any moneys except that
moneys heretofore or hereafter appropriated for construction, purchase,
and maintenance of range improvements within grazing districts, pursuant
to the provisions of sections 315i and 315j of this title, may be made
additionally available by Congress for the leasing of land under this
section and sections 315m-2 to 315m-4 of this title.
(June 23, 1938, ch. 603, 1, 52 Stat. 1033.)
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
43 USC 315m-2. Administration of leased lands
TITLE 43 -- PUBLIC LANDS
The lands leased under sections 315m-1 to 315m-4 of this title shall
be administered under the provisions of the Act of June 28, 1934 (48
Stat. 1269), as amended June 26, 1936 (49 Stat. 1976), commonly known as
the Taylor Grazing Act.
(June 23, 1938, ch. 603, 2, 52 Stat. 1033.)
Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936 (49
Stat. 1976), referred to in text, is act June 28, 1934, ch. 865, 48
Stat. 1269, as amended, known as the Taylor Grazing Act, which is
classified principally to this subchapter ( 315 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
under section 315 of this title and Tables.
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
43 USC 315m-3. Availability of contributions received
TITLE 43 -- PUBLIC LANDS
Contributions received by the Secretary of the Interior under section
315h of this title, toward the administration, protection, and
improvement of any district shall be additionally available for the
leasing of lands under sections 315m-1 to 315m-4 of this title.
(June 23, 1938, ch. 603, 3, 52 Stat. 1033.)
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
43 USC 315m-4. Disposition of receipts; availability for leasing of
land
TITLE 43 -- PUBLIC LANDS
All moneys received by the Secretary of the Interior in the
administration of leased lands as provided in section 315m-2 of this
title shall be deposited in the Treasury of the United States as
miscellaneous receipts, but are made available, when appropriated by the
Congress, for the leasing of lands under sections 315m-1 to 315m-4 of
this title and shall not be distributed as provided under sections 315i
and 315j of this title.
(June 23, 1938, ch. 603, 4, 52 Stat. 1033.)
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
43 USC 315n. State police power not abridged
TITLE 43 -- PUBLIC LANDS
Nothing in this subchapter shall be construed as restricting the
respective States from enforcing any and all statutes enacted for police
regulation, nor shall the police power of the respective States be, by
this subchapter, impaired or restricted, and all laws heretofore enacted
by the respective States or any thereof, or that may hereafter be
enacted as regards public health or public welfare, shall at all times
be in full force and effect: Provided, however, That nothing in this
section shall be construed as limiting or restricting the power and
authority of the United States.
(June 28, 1934, ch. 865, 16, 48 Stat. 1275.)
43 USC 315o. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
649
TITLE 43 -- PUBLIC LANDS
Section, act June 28, 1934, ch. 865, 17, as added June 26, 1936, ch.
842, 6, 49 Stat. 1978, authorized the President to select a Director
of Grazing and the Secretary of the Interior to appoint assistant
directors and employees.
43 USC 315o-1. Board of grazing district advisers; composition;
meetings; duties
TITLE 43 -- PUBLIC LANDS
(a) In order that the Secretary of the Interior may have the benefit
of the fullest information and advice concerning physical, economic, and
other local conditions in the several grazing districts, there shall be
an advisory board of local stockmen in each such district, the members
of which shall be known as grazing district advisers. Each such board
shall consist of not less than five nor more than twelve members,
exclusive of wildlife representatives, one such representative to be
appointed by the Secretary, in his discretion, to membership on each
such board. Except for such wildlife representatives, the names of the
members of each district advisory board shall be recommended to the
Secretary by the users of the range in that district through an election
conducted under rules and regulations prescribed by the Secretary. No
grazing district adviser so recommended, however, shall assume office
until he has been appointed by the Secretary and has taken an oath of
office. The Secretary may, after due notice, remove any grazing
district adviser from office if in his opinion such removal would be for
the good of the service.
(b) Each district advisory board shall meet at least once annually at
a time to be fixed by the Secretary of the Interior, or by such other
officer to whom the Secretary may delegate the function of issuing
grazing permits, and at such other times as its members may be called by
such officer. Each board shall offer advice and make a recommendation
on each application for such a grazing permit within its district:
Provided, That in no case shall any grazing district adviser participate
in any advice or recommendation concerning a permit, or an application
therefor, in which he is directly or indirectly interested. Each board
shall further offer advice or make recommendations concerning rules and
regulations for the administration of this subchapter, the establishment
of grazing districts and the modification of the boundaries thereof, the
seasons of use and carrying capacity of the range, and any other matters
affecting the administration of this subchapter within the district.
Except in a case where in the judgment of the Secretary an emergency
shall exist, the Secretary shall request the advice of the advisory
board in advance of the promulgation of any rules and regulations
affecting the district.
(June 28, 1934, ch. 865, 18, as added July 14, 1939, ch. 270, 53
Stat. 1002, and amended 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100.)
''Secretary of the Interior'' substituted for ''Director of Grazing''
in subsec. (b) on authority of section 403 of Reorg. Plan No. 3 of
1946, which abolished Grazing Service and transferred functions of
Grazing Service to a new agency in Department of the Interior to be
known as Bureau of Land Management. See section 403 of Reorg. Plan No.
3 of 1946, set out as a note under section 1 of this title.
Advisory boards in existence on Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a board established by the President or an
officer of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the case of
a board established by the Congress, its duration is otherwise provided
by law. Advisory boards established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the date
of their establishment, unless, in the case of a board established by
the President or an officer of the Federal Government, such board is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a board established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
43 USC 315o-2. Animals and equipment for field employees
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may require field employees of the
Bureau of Land Management to furnish horses and miscellaneous equipment
necessary for the performance of their official work and may provide at
Government expense forage, care, and housing for such animals and
equipment.
(Dec. 18, 1942, ch. 769, 56 Stat. 1067; 1946 Reorg. Plan No. 3, 403,
eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
''Bureau of Land Management'' substituted for ''Grazing Service'' on
authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished
Grazing Service and transferred functions of Grazing Service to a new
agency to be known as Bureau of Land Management. See section 403 of
Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this
title.
43 USC 315p. Repealed. Pub. L. 94-579, title VII, 705(a), Oct. 21,
1976, 90 Stat. 2792
TITLE 43 -- PUBLIC LANDS
Section, act Aug. 24, 1937, ch. 744, 50 Stat. 748, authorized
issuance of patents for lands acquired under exchange provisions of
former section 315g of this title.
Section 705(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 315q. Withdrawal of lands for war or national defense purposes;
payment for cancellation of permits or licenses
TITLE 43 -- PUBLIC LANDS
Whenever use for war or national defense purposes of the public
domain or other property owned by or under the control of the United
States prevents its use for grazing, persons holding grazing permits or
licenses and persons whose grazing permits or licenses have been or will
be canceled because of such use shall be paid out of the funds
appropriated or allocated for such project such amounts as the head of
the department or agency so using the lands shall determine to be fair
and reasonable for the losses suffered by such persons as a result of
the use of such lands for war or national defense purposes. Such
payments shall be deemed payment in full for such losses. Nothing
contained in this section shall be construed to create any liability not
now existing against the United States.
(July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, 1, 62
Stat. 277.)
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
1948 -- Act May 28, 1948, inserted ''or national defense'' between
''war'' and ''purposes'' wherever appearing.
Section 2 of act May 28, 1948, provided that: ''This amendment
(amending this section) is to take effect as of July 25, 1947.''
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on September 8, 1939, and May 27, 1941.
43 USC 315r. Rental payments in advance in case of withdrawal of lands
for war or national defense purposes
TITLE 43 -- PUBLIC LANDS
In administering the provisions of section 315q of this title,
payments of rentals may be made in advance.
(Oct. 29, 1949, ch. 787, title III, 301, 63 Stat. 996.)
Section was not enacted as a part of act June 28, 1934, known as the
Taylor Grazing Act, which comprises this subchapter.
43 USC SUBCHAPTER II -- ALASKA
TITLE 43 -- PUBLIC LANDS
43 USC 316. Declaration of policy
TITLE 43 -- PUBLIC LANDS
It is declared to be the policy of Congress in promoting the
conservation of the natural resources of Alaska to provide for the
protection and development of forage plants and for the beneficial
utilization thereof for grazing by livestock under such regulations as
may be considered necessary and consistent with the purposes and
provisions of this subchapter. In effectuating this policy the use of
these lands for grazing shall be subordinated (a) to the development of
their mineral resources, (b) to the protection, development, and
utilization of their forests, (c) to the protection, development, and
utilization of their water resources, (d) to their use for agriculture,
and (e) to the protection, development, and utilization of such other
resources as may be of greater benefit to the public.
(Mar. 4, 1927, ch. 513, 1, 44 Stat. 1452.)
Section was formerly classified to section 471 of Title 48,
Territories and Insular Possessions.
Act Mar. 4, 1927, ch. 513, which is classified to this subchapter,
is popularly known as the ''Alaska Livestock Grazing Act''.
43 USC 316a. Definitions
TITLE 43 -- PUBLIC LANDS
As used in this subchapter --
(1) The term ''person'' means individual, partnership, corporation,
or association.
(2) The term ''district'' means any grazing district established
under the provisions of section 316b of this title.
(3) The term ''Secretary'' means the Secretary of the Interior.
(4) The term ''lessee'' means the holder of any lease.
(Mar. 4, 1927, ch. 513, 2, 44 Stat. 1452.)
Section was formerly classified to section 471a of Title 48,
Territories and Insular Possessions.
43 USC 316b. Grazing districts
TITLE 43 -- PUBLIC LANDS
(a) The Secretary may establish grazing districts upon any public
lands outside of the Aleutian Islands Reservation, national forests, and
other reservations administered by the Secretary of Agriculture and
outside of national parks and monuments which, in his opinion, are
valuable for the grazing of livestock. Such districts may include such
areas of surveyed and unsurveyed lands as he determines may be
conveniently administered as a unit, even if such areas are neither
contiguous nor adjacent.
(b) The Secretary, after the establishment of a district, is
authorized to lease the grazing privileges therein in accordance with
the provisions of this subchapter. /1/
(Mar. 4, 1927, ch. 513, 3, 44 Stat. 1452.)
This subchapter, referred to in subsec. (b), was in the original
''this title'' and has been translated as if the reference was to ''this
Act'' to reflect the probable intent of Congress inasmuch as the act of
Mar. 4, 1927, was not divided into titles.
Section was formerly classified to section 471b of Title 48,
Territories and Insular Possessions.
/1/ See References in Text note below.
43 USC 316c. Alteration of grazing districts
TITLE 43 -- PUBLIC LANDS
After any district is established the area embraced therein may be
altered in any of the following ways:
(1) The Secretary may add to such districts any public lands which,
in his opinion, should be made a part of the district.
(2) The Secretary, subject to existing rights of any lessee, may
exclude from such district any lands which he determines are no longer
valuable for grazing purposes or are more valuable for other purposes.
(3) The Secretary may enter into cooperative agreement with any
person, in respect of the administration, as a part of a district, of
lands owned by such person which are contiguous or adjacent to such
district or any part thereof.
(Mar. 4, 1927, ch. 513, 4, 44 Stat. 1452.)
Section was formerly classified to section 471c of Title 48,
Territories and Insular Possessions.
43 USC 316d. Notice of establishment and alteration of grazing
district; hearings
TITLE 43 -- PUBLIC LANDS
Before establishing or altering a district the Secretary shall
publish once a week for a period of six consecutive weeks in a newspaper
of general circulation in each judicial division in which the district
proposed to be established or altered is located, a notice describing
the boundaries of the proposed district or the proposed alteration,
announcing the date on which he proposes to establish such district or
make such alteration and the location and date of hearings required
under this section. No such alteration shall be made until after public
hearings are held with respect to such alteration in each such judicial
division after the publishing of such notice.
(Mar. 4, 1927, ch. 513, 5, 44 Stat. 1453; July 18, 1968, Pub. L.
90-403, 1, 82 Stat. 358.)
Section was formerly classified to section 471d of Title 48,
Territories and Insular Possessions.
1968 -- Pub. L. 90-403 required publication of notice of alteration
of a grazing district in each judicial division in which the district
proposed to be altered is located, the notice to describe the boundaries
of the proposed alteration and location and date of requisite hearings,
and also public hearings with respect to the alteration to be held in
each such judicial division prior to making the alteration.
43 USC 316e. Preferences
TITLE 43 -- PUBLIC LANDS
In considering applications to lease grazing privileges the Secretary
shall, as far as is consistent with the efficient administration of the
grazing district, prefer (1) natives, (2) other occupants of the range,
and (3) settlers over all other applicants.
(Mar. 4, 1927, ch. 513, 6, 44 Stat. 1453.)
Section was formerly classified to section 471e of Title 48,
Territories and Insular Possessions.
43 USC 316f. Terms and conditions of lease
TITLE 43 -- PUBLIC LANDS
(a) Period of lease
A lease may be made for such term as the Secretary deems reasonable,
but not to exceed fifty-five years, taking into consideration all
factors that are relevant to the exercise of the grazing privileges
conferred.
(b) Size of leasehold
Leases shall be made for grazing on a definite area except where
local conditions or the administration of grazing privileges makes more
practicable a lease based on the number of stock to be grazed.
(c) Terms for surrender of lease
Each lease shall provide that the lessee may surrender his lease,
and, if he has complied with the terms and conditions of the lease to
the time of surrender, may avoid further liability for fees thereunder
by giving written notice to the Secretary of such surrender. The lease
shall specify the length of time of notice, which shall not exceed one
year.
(d) Terms for renewal of lease
Each lease shall provide that the lessee may negotiate for renewal of
such lease, subject to the provisions of this subchapter, at any time
during the final five years of the term of such lease.
(Mar. 4, 1927, ch. 513, 7, 44 Stat. 1453; July 18, 1968, Pub. L.
90-403, 2, 82 Stat. 358.)
Section was formerly classified to section 471f of Title 48,
Territories and Insular Possessions.
1968 -- Subsec. (a). Pub. L. 90-403, 2(a), substituted provisions
for reasonable term of leases, limited to fifty-five years, and based on
all factors relevant to exercise of grazing privileges for prior
provisions for twenty year leases, except where land may be required for
other than grazing purposes within a ten year period, and for shorter
term leases as desired by applicant.
Subsec. (d). Pub. L. 90-403, 2(b), added subsec. (d).
43 USC 316g. Grazing fees
TITLE 43 -- PUBLIC LANDS
(a) The Secretary shall determine for each lease the grazing fee to
be paid. Such fee shall --
(1) Be fixed on the basis of the area leased or on the basis of the
number and kind of stock permitted to be grazed;
(2) Be fixed, for the period of the lease, as a seasonal or annual
fee, payable annually or semi-annually on the date specified in the
lease;
(3) Be fixed with due regard to the general economic value of the
grazing privileges, and in no case shall exceed such value; and
(4) Be moderate.
(b) If the Secretary determines such action to be for the public
interest by reason of (1) depletion or destruction of the range by any
cause beyond the control of the lessee, or (2) calamity or disease
causing wholesale destruction of or injury to livestock, he may grant an
extension of time for making payment of any grazing fee undue any lease,
reduce the amount of any such payment, or release or discharge the
lessee from making such payment.
(Mar. 4, 1927, ch. 513, 8, 44 Stat. 1453.)
Section was formerly classified to section 471g of Title 48,
Territories and Insular Possessions.
43 USC 316h. Dispositions of receipts
TITLE 43 -- PUBLIC LANDS
All moneys received during any fiscal year on account of such fees in
excess of the actual cost of administration of this subchapter shall be
paid at the end thereof by the Secretary of the Treasury to the
Territory of Alaska, to be expended in such manner as the Legislature of
the Territory may direct for the benefit of public education and roads.
(Mar. 4, 1927, ch. 513, 9, 44 Stat. 1453.)
Section was formerly classified to section 471h of Title 48,
Territories and Insular Possessions.
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
43 USC 316i. Assignment of leases
TITLE 43 -- PUBLIC LANDS
The lessee may, with the approval of the Secretary, assign in whole
or in part any lease, and to the extent of such assignment be relieved
from any liability in respect of such lease, accruing subsequent to the
effective date of such assignment.
(Mar. 4, 1927, ch. 513, 10, 44 Stat. 1453.)
Section was formerly classified to section 471i of Title 48,
Territories and Insular Possessions.
43 USC 316j. Improvements to leasehold
TITLE 43 -- PUBLIC LANDS
(a) Authorization
The Secretary may authorize a lessee to construct and/or maintain and
utilize upon any area included within the provisions of his lease any
fence, building, corral, reservoir, well or other improvements needed
for the exercise of the grazing privileges of the lessee within such
area; but any such fence shall be constructed as to permit the ingress
and egress of miners, prospectors for minerals, and other persons
entitled to enter such area for lawful purposes.
(b) Removal of improvement upon termination of lease
The lessee shall be given ninety days from the date of termination of
his lease for any cause to remove from the area included within the
provisions of his lease any fence, building, corral, or other removable
range improvement owned or controlled by him.
(c) Payment for improvement upon termination of lease
If such lessee notifies the Secretary on or before the termination of
his lease of his determination to leave on the land any improvements the
construction or maintenance of which has been authorized by the
Secretary, no other person shall use or occupy under any grazing lease,
or entry under any public land law, the land on which any such
improvements are located until there has been paid to the person
entitled thereto the value of such improvements as determined by the
Secretary.
(Mar. 4, 1927, ch. 513, 11, 44 Stat. 1454.)
The public land laws, referred to in subsec. (c), are classified
generally to this title.
Section was formerly classified to section 471j of Title 48,
Territories and Insular Possessions.
43 USC 316k. Penalties
TITLE 43 -- PUBLIC LANDS
Within one year from the date of the establishment of any district
the Secretary shall give notice by publication in one or more newspapers
of general circulation in each judicial division in which such district
or any part thereof is located that after the date specified in such
notice it shall be unlawful for any person to graze any class of
livestock on lands in such district except under authority of a lease
made or permission granted by the Secretary; and any person who
willfully grazes livestock on such lands after such date and without
such authority shall, upon conviction, be punished by a fine of not more
than $500.
(Mar. 4, 1927, ch. 513, 12, 44 Stat. 1454.)
Section was formerly classified to section 471k of Title 48,
Territories and Insular Possessions.
43 USC 316l. Stock driveways and free grazing
TITLE 43 -- PUBLIC LANDS
(a) Establishment, maintenance and regulation
The Secretary may establish and maintain, and regulate the use of,
stock driveways in districts and may charge a fee for or permit the free
use of such driveways.
(b) Grazing of livestock free of charge
The Secretary may permit any person, including prospectors and
miners, to graze free of charge a small number of livestock upon any
land included within any grazing district.
(c) Grazing allotments to Eskimos or other native or half-breed
The Secretary may in his discretion grant a permit or lease for a
grazing allotment without charge on unallotted public lands to any
Eskimo or other native or half-breed. Whenever such native or
half-breed grazes his livestock through cooperative agreement on
allotment held by other lessee or permittee, any grazing fees charged
for said allotment shall be reduced in proportion to the relative number
of such native owned livestock to the total number on said allotment.
(Mar. 4, 1927, ch. 513, 13, 44 Stat. 1454.)
Section was formerly classified to section 471l of Title 48,
Territories and Insular Possessions.
43 USC 316m. Hearing and appeals
TITLE 43 -- PUBLIC LANDS
(a) Any lessee of or applicant for grazing privileges, including any
person described in subsection (c) of section 316l of this title, may
procure a review of any action or decision of any officer or employee of
the Interior Department in respect of such privileges, by filing with
such officer as the Secretary of the Interior may designate of the local
land office an application for a hearing, stating the nature of the
action or decision complained of and the grounds of complaint. Upon the
filing of any such application such officer of such land office shall
proceed to review such action or decision as nearly as may be in
accordance with the rules of practice then applicable to applications to
contest entries under the public land law. Subject to such rules of
practice, appeals may be taken by any party in interest from the
decision of such officer to the Secretary.
(b) The Secretary shall take no action which will adversely affect
rights under any lease pursuant to this subchapter until notifying the
holder of such lease that such action is proposed and giving such holder
an opportunity for a hearing.
(Mar. 4, 1927, ch. 513, 14, 44 Stat. 1454; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; July 18, 1968,
Pub. L. 90-403, 3, 82 Stat. 358.)
The public land law, referred to in subsec. (a), is classified
generally to this title.
Section was formerly classified to section 471m of Title 48,
Territories and Insular Possessions.
1968 -- Pub. L. 90-403 designated existing provisions as subsec.
(a) and added subsec. (b).
''Secretary'' substituted for ''Commissioner of the General Land
Office'' and ''such officer as the Secretary of the Interior may
designate'' and ''such officer'' substituted for ''register'' on
authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished
General Land Office and Commissioner thereof and transferred functions
of General Land Office to a new agency in Department of the Interior to
be known as Bureau of Land Management, and functions of Commissioner of
General Land Office to Secretary of the Interior. See section 403 of
Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this
title.
43 USC 316n. Administration
TITLE 43 -- PUBLIC LANDS
(a) The Secretary shall promulgate all rules and regulations
necessary to the administration of this subchapter, /1/ shall execute
its provisions, and may (1) in accordance with the civil service laws
appoint such employees and in accordance with chapter 51 and subchapter
III of chapter 53 of title 5 fix their compensation, and (2) make such
expenditures (including expenditures for personal service and rent at
the seat of government and elsewhere, for law books, books of reference,
periodicals, and for printing and binding) as may be necessary
efficiently to execute the provisions of this subchapter. /1/
(b) The Secretary of Agriculture is authorized to continue
investigations, experiments and demonstrations for the welfare,
improvement, and increase of the reindeer industry in Alaska, and upon
the request of the Secretary of the Interior to cooperate in matters
pertaining to the care of plant and animal life, including reindeer.
(Mar. 4, 1927, ch. 513, 15, 44 Stat. 1455; Oct. 28, 1949, ch. 782,
title XI, 1106(a), 63 Stat. 972.)
This subchapter, referred to in subsec. (a), was in the original
''this title'' and has been translated as if the reference was to ''this
Act'' to reflect the probable intent of Congress inasmuch as the act of
Mar. 4, 1927, was not divided into titles.
The civil service laws, referred to in subsec. (a), are set out in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
In subsec. (a), ''chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ''the Classification act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
Section was formerly classified to section 471n of Title 48,
Territories and Insular Possessions.
1949 -- Subsec. (a). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act of 1923''.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, 8, Sept. 6,
1966, 80 Stat. 632, 655.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
/1/ See References in Text note below.
43 USC 316o. Laws applicable
TITLE 43 -- PUBLIC LANDS
Laws now applicable to lands or resources in the Territory of Alaska
shall continue in force and effect to the same extent and in the same
manner after March 4, 1927, as before, and nothing in this subchapter
shall preclude or prevent ingress or egress upon the lands in districts
for any purpose authorized by any such law, including prospecting for
and extraction of minerals.
(Mar. 4, 1927, ch. 513, 16, 44 Stat. 1455.)
Section was formerly classified to section 471o of Title 48,
Territories and Insular Possessions.
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
43 USC CHAPTER 9 -- DESERT-LAND ENTRIES
TITLE 43 -- PUBLIC LANDS
Sec.
321. Entry right generally; extent of right to appropriate waters.
322. Desert lands defined; question how determined.
323. Application to certain States.
324. Assignment of entries.
325. Resident citizenship of State as qualification for entry.
326. Unsurveyed lands not subject to entry; preferential right of
entry after survey.
327. Filing irrigation plan; association of entrymen.
328. Expenditures and cultivation requirements.
329. Issue of patent on final proof; citizenship requirement as to
patentee; limit as to amount of holding.
330. Desert-land entry in addition to homestead entry.
331. Reclamation requirements waived in favor of disabled soldiers,
etc.
332. Omitted.
333. Extension of time for completion of irrigation works.
334. Further extension of time for final proofs.
335. Further extension in cases not covered by sections 333 and 334
of this title.
336. Further extension in addition to that authorized by sections
333 to 335 of this title.
336a to 336d. Repealed or Omitted.
337. Entry, after expenditures, perfected as homestead entry.
338. Election to perfect entry; final proof.
339. Perfection of title to entry; supplementary provisions to
sections 335, 337, and 338.
43 USC 321. Entry right generally; extent of right to appropriate
waters
TITLE 43 -- PUBLIC LANDS
It shall be lawful for any citizen of the United States, or any
person of requisite age ''who may be entitled to become a citizen, and
who has filed his declaration to become such'' and upon payment of 25
cents per acre -- to file a declaration under oath with the officer
designated by the Secretary of the Interior of the land district in
which any desert land is situated, that he intends to reclaim a tract of
desert land not exceeding one-half section, by conducting water upon the
same, within the period of three years thereafter: Provided, however,
That the right to the use of water by the person so conducting the same,
on or to any tract of desert land of three hundred and twenty acres
shall depend upon bona fide prior appropriation; and such right shall
not exceed the amount of water actually appropriated, and necessarily
used for the purpose of irrigation and reclamation; and all surplus
water over and above such actual appropriation and use, together with
the water of all lakes, rivers, and other sources of water supply upon
the public lands and not navigable, shall remain and be held free for
the appropriation and use of the public for irrigation, mining, and
manufacturing purposes subject to existing rights. Said declaration
shall describe particularly said one-half section of land if surveyed,
and, if unsurveyed, shall describe the same as nearly as possible
without a survey. At any time within the period of three years after
filing said declaration, upon making satisfactory proof to the officer
designated by the Secretary of the Interior of the reclamation of said
tract of land in the manner aforesaid, and upon the payment to such
officer of the additional sum of $1 per acre for a tract of land not
exceeding three hundred and twenty acres to any one person, a patent for
the same shall be issued to him. Except as provided in section 3 of the
Act of June 16, 1955, as amended, no person may make more than one entry
under sections 321 to 323, 325, and 327 to 329 of this title. However,
in that entry one or more tracts may be included, and the tracts so
entered need not be contiguous. The aggregate acreage of desert land
which may be entered by any one person under this section shall not
exceed three hundred and twenty acres, and all the tracts entered by one
person shall be sufficiently close to each other to be managed
satisfactorily as an economic unit, as determined under rules and
regulations issued by the Secretary of the Interior.
(Mar. 3, 1877, ch. 107, 1, 19 Stat. 377; Aug. 30, 1890, ch. 837, 1,
26 Stat. 391; Mar. 3, 1891, ch. 561, 2, 26 Stat. 1096; Oct. 28, 1921,
ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946
Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100; Aug. 14, 1958, Pub. L. 85-641, 1, 72 Stat. 596.)
Section 3 of the Act of June 16, 1955, referred to in text, is
section 3 of act June 16, 1955, ch. 145, 69 Stat. 138, as amended,
which is set out as an Additional Desert-Land Entry note under section
83 of Title 30, Mineral Lands and Mining.
The original text provided for the sale of 640 acres. The aggregate
quantity which any person could acquire under all the land laws was
limited, however, to 320 acres by act Aug. 30, 1890 (set out as section
212 of this title) except in the case of mineral lands.
1958 -- Pub. L. 85-641 permitted entry on one or more tracts, not
contiguous, but sufficiently close to each other to be managed
satisfactorily as an economic unit.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officer designated by the Secretary of the Interior'' and ''such
officer'' substituted for ''register'' on authority of section 403 of
Reorg. Plan No. 3 of 1946, which abolished all registers of district
land offices and transferred functions of district land offices to
Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of
1946, set out as a note under section 1 of this title.
Previously, references to register and receiver changed to register
by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated offices of
register and receiver and provided for a single officer to be known as
register.
Act Aug. 4, 1955, ch. 548, 69 Stat. 491, provided: ''The
requirement of section 1 of the Desert Land Act of March 3, 1877 (19
Stat. 377) (this section), that the right to the use of water by a
desert land entryman 'shall depend upon bona fide prior appropriation'
shall be waived in the case of all desert land entries which have
heretofore been allowed and are subsisting on the effective date of this
Act (Aug. 4, 1955) which are dependent upon percolating waters for their
reclamation, and which are situated in the State of Arizona under the
laws of which the percolating waters upon which the entries are
dependent are not subject to the doctrine of prior appropriation but are
usable under State law for irrigation and reclamation purposes.''
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Final proofs at any time within 4 years, see section 329 of this
title.
No person to hold by assignment or otherwise prior to issue of patent
more than 320 acres of arid or desert land, see section 329 of this
title.
Unsurveyed lands not subject to entry, see section 326 of this title.
43 USC 322. Desert lands defined; question how determined
TITLE 43 -- PUBLIC LANDS
All lands exclusive of timber lands and mineral lands which will not,
without irrigation, produce some agricultural crop, shall be deemed
desert lands, within the meaning of sections 321 to 323, 325, and 327 to
329 of this title, which fact shall be ascertained by proof of two or
more credible witnesses under oath, whose affidavits shall be filed in
the land office in which said tract of land may be situated.
The determination of what may be considered desert land shall be
subject to the decision and regulation of the Secretary of the Interior
or such officer as he may designate.
(Mar. 3, 1877, ch. 107, 2, 3, 19 Stat. 377; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
The first paragraph of this section is from section 2 of act Mar. 3,
1877.
The second paragraph of this section is from the last clause of
section 3 of act Mar. 3, 1877. The first clause of section 3 is
incorporated in section 323 of this title.
''Secretary of the Interior or such officer as he may designate''
substituted for ''Commissioner of the General Land Office'' on authority
of section 403 of Reorg. Plan No. 3 of 1946, which abolished General
Land Office and Commissioner thereof and transferred functions of
General Land Office to a new agency in Department of the Interior to be
known as Bureau of Land Management. See section 403 of Reorg. Plan No.
3 of 1946, set out as a note under section 1 of this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 323. Application to certain States
TITLE 43 -- PUBLIC LANDS
Sections 321 to 323, 325, and 327 to 329 of this title shall only
apply to and take effect in the States of California, Colorado, Oregon,
Nevada, Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico,
and North and South Dakota.
(Mar. 3, 1877, ch. 107, 3, 8, 19 Stat. 377; Mar. 3, 1891, ch. 561,
2, 26 Stat. 1097; Jan. 6, 1921, ch. 12, 41 Stat. 1086.)
Section is from the first clause of section 3 of act Mar. 3, 1877,
and the first clause of section 8 of act Mar. 3, 1877, as added by act
Mar. 3, 1891.
The second clauses of section 3 and 8 of act Mar. 3, 1877, are
incorporated in the second paragraph of section 322 and section 325 of
this title, respectively.
The first clause of section 3 of act Mar. 3, 1877, provided that
''this act shall only apply to and take effect in the States of
California, Oregon and Nevada, and the Territories of Washington, Idaho,
Montana, Utah, Wyoming, Arizona, New Mexico and Dakota''.
The first clause of section 8 of act Mar. 3, 1877, as added by act
Mar. 3, 1891, provided for the inclusion of Colorado.
The Territories of Washington, Idaho, Montana, Utah, Wyoming,
Arizona, New Mexico and Dakota have become States since the enactment of
act Mar. 3, 1877, the Territory of Dakota being divided, to form the
States of North and South Dakota.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 324. Assignment of entries
TITLE 43 -- PUBLIC LANDS
No assignment after March 28, 1908, of an entry made under sections
321 to 323, 325, and 327 to 329 of this title shall be allowed or
recognized, except it be to an individual who is shown to be qualified
to make entry under said sections of the land covered by the assigned
entry, and such assignments may include all or part of an entry; but no
assignment to or for the benefit of any corporation or association shall
be authorized or recognized.
(Mar. 28, 1908, ch. 112, 2, 35 Stat. 52.)
43 USC 325. Resident citizenship of State as qualification for entry
TITLE 43 -- PUBLIC LANDS
Excepting in the State of Nevada, no person shall be entitled to make
entry of desert lands unless he be a resident citizen of the State or
Territory in which the land sought to be entered is located.
(Mar. 3, 1877, ch. 107, 8, as added Mar. 3, 1891, ch. 561, 2, 26
Stat. 1097, and amended Jan. 6, 1921, ch. 12, 41 Stat. 1086.)
Section is comprised of the second clause of section 8 of act Mar.
3, 1877, as added by act Mar. 3, 1891. The first clause of section 8
of act Mar. 3, 1877, is incorporated in section 323 of this title.
Act Jan. 6, 1921, inserted introductory exception phrase.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 326. Unsurveyed lands not subject to entry; preferential right
of entry after survey
TITLE 43 -- PUBLIC LANDS
From and after March 28, 1908, the right to make entry of desert
lands under the provisions of sections 321 to 323, 325, and 327 to 329
of this title, shall be restricted to surveyed public lands of the
character contemplated by said sections, and no such entries of
unsurveyed lands shall be allowed or made of record: Provided, however,
That any individual qualified to make entry of desert lands under said
sections who has, prior to survey, taken possession of a tract of
unsurveyed desert land not exceeding in area three hundred and twenty
acres in compact form, and has reclaimed or has in good faith commenced
the work of reclaiming the same, shall have the preference right to make
entry of such tract under said sections, in conformity with the public
land surveys, within ninety days after the filing of the approved plat
of survey in the district land office.
(Mar. 28, 1908, ch. 112, 1, 35 Stat. 52.)
43 USC 327. Filing irrigation plan; association of entrymen
TITLE 43 -- PUBLIC LANDS
At the time of filing the declaration required in section 321 of this
title the party shall also file a map of said land, which shall exhibit
a plan showing the mode of contemplated irrigation, and which plan shall
be sufficient to thoroughly irrigate and reclaim said land, and prepare
it to raise ordinary agricultural corps, and shall also show the source
of the water to be used for irrigation and reclamation. Persons
entering or proposing to enter separate sections, or fractional parts of
sections, of desert lands, may associate together in the construction of
canals and ditches for irrigating and reclaiming all of said tracts, and
may file a joint map or maps showing their plan of internal
improvements.
(Mar. 3, 1877, ch. 107, 4, as added Mar. 3, 1891, ch. 561, 2, 26
Stat. 1096.)
Section 6 of act Mar. 3, 1877, as added by act Mar. 3, 1891, 2,
provided that existing claims should not be affected by act Mar. 3,
1891, but might be perfected under sections 321 to 323 of this title, or
under sections 325 and 327 to 329 of this title, at the option of the
claimant, and also repealed all acts and parts of acts in conflict with
act Mar. 3, 1891.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 328. Expenditures and cultivation requirements
TITLE 43 -- PUBLIC LANDS
No land shall be patented to any person under sections 321 to 323,
325, and 327 to 329 of this title unless he or his assignors shall have
expended in the necessary irrigation, reclamation, and cultivation
thereof, by means of main canals and branch ditches, and in permanent
improvements upon the land, and in the purchase of water rights for the
irrigation of the same, at least $3 per acre of whole tract reclaimed
and patented in the manner following: Within one year after making
entry for such tract of desert land as aforesaid the party so entering
shall expend not less than $1 per acre for the purposes aforesaid; and
he shall in like manner expend the sum of $1 per acre during the second
and also during the third year thereafter, until the full sum of $3 per
acre is so expended. Said party shall file during each year with the
officer designated by the Secretary of the Interior proof, by the
affidavits of two or more credible witnesses, that the full sum of $1
per acre has been expended in such necessary improvements during such
year, and the manner in which expended, and at the expiration of the
third year a map or plan showing the character and extent of such
improvements. If any party who has made such application shall fail
during any year to file the testimony aforesaid the lands shall revert
to the United States, and the 25 cents advanced payment shall be
forfeited to the United States, and the entry shall be canceled.
Nothing herein contained shall prevent a claimant from making his final
entry and receiving his patent at an earlier date than hereinbefore
prescribed, provided that he then makes the required proof of
reclamation to the aggregate extent of $3 per acre: Provided, That
proof be further required of the cultivation of one-eighth of the land.
(Mar. 3, 1877, ch. 107, 5, as added Mar. 3, 1891, ch. 561, 2, 26
Stat. 1096, and amended 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946,
11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officer designated by the Secretary of the Interior'' substituted
for ''register'' on authority of section 403 of Reorg. Plan No. 3 of
1946, which abolished all registers of district land offices and
transferred functions of district land offices to Secretary of the
Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a
note under section 1 of this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 329. Issue of patent on final proof; citizenship requirement as
to patentee; limit as to amount of holding
TITLE 43 -- PUBLIC LANDS
At any time after filing the declaration, and within the period of
four years thereafter, upon making satisfactory proof to the officer
designated by the Secretary of the Interior of the reclamation and
cultivation of said land to the extent and cost and in the manner
aforesaid, and substantially in accordance with the plans herein
provided for, and that he or she is a citizen of the United States, and
upon payment to such officer of the additional sum of $1 per acre for
said land, a patent shall issue therefor to the applicant or his
assigns; but no person or association of persons shall hold by
assignment or otherwise prior to the issue of patent, more than three
hundred and twenty acres of such arid or desert lands, but this section
shall not apply to entries made or initiated prior to March 3, 1891:
Provided, however, That additional proofs may be required at any time
within the period prescribed by law, and that the claims or entries made
under sections 321 to 323, 325, and 327 to 329 of this title shall be
subject to contest, as provided by the law, relating to homestead cases,
for illegal inception, abandonment, or failure to comply with the
requirements of law, and upon satisfactory proof thereof shall be
canceled, and the lands, and moneys paid therefor, shall be forfeited to
the United States.
(Mar. 3, 1877, ch. 107, 7, as added Mar. 3, 1891, ch. 561, 2, 26
Stat. 1097, and amended Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar.
3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff.
July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officer designated by the Secretary of the Interior'' substituted
for ''register'' on authority of section 403 of Reorg. Plan No. 3 of
1946, which abolished all registers of district land offices and
transferred functions of register of district land offices to Secretary
of the Interior. See section 403 of Reorg. Plan No. 3, 1946, set out
as a note under section 1 of this title.
Previously, references to register and receiver changed to register
by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated offices of
register and receiver and provided for a single officer to be known as
register.
The period of four years prescribed by this section was extended to
five years as to pending entries where the time for final proof had not
expired prior to Jan. 1, 1894, by act Aug. 4, 1894, ch. 208, 28 Stat.
226.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Extension of time for final proofs, see sections 333, 334 of this
title.
43 USC 330. Desert-land entry in addition to homestead entry
TITLE 43 -- PUBLIC LANDS
The right to make a desert-land entry shall not be denied to any
applicant therefor who has already made an enlarged homestead entry of
three hundred and twenty acres: Provided, That said applicant is a duly
qualified entryman and the whole area to be acquired as an enlarged
homestead entry and under the provisions of this section does not exceed
four hundred and eighty acres.
(Feb. 27, 1917, ch. 134, 39 Stat. 946.)
43 USC 331. Reclamation requirements waived in favor of disabled
soldiers, etc.
TITLE 43 -- PUBLIC LANDS
Any entryman under the desert-land laws, or any person entitled to
preference right of entry under section 326 of this title, who after
application or entry for surveyed lands or legal initiation of claim for
unsurveyed lands, and prior to November 11, 1918, enlisted or was
actually engaged in the United States Army, Navy, or Marine Corps during
the war with Germany, who has been honorably discharged and because of
physical incapacities due to service is unable to accomplish reclamation
of and payment for the land, may make proof without further reclamation
thereof or payments thereon under such rules and regulations as may be
prescribed by the Secretary of the Interior, and receive patent for the
land by him so entered or claimed, if found entitled thereto: Provided,
That no such patent shall issue prior to the survey of the land.
(Mar. 1, 1921, ch. 102, 2, as added Dec. 15, 1921, ch. 3, 42 Stat.
348.)
Disabled veterans excused from fulfilling residence and cultivation
requirements, see section 238 of this title.
43 USC 332. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act Aug. 7, 1917, ch. 48, 40 Stat. 250, suspended
expenditure and cultivation requirements during World War I.
43 USC 333. Extension of time for completion of irrigation works
TITLE 43 -- PUBLIC LANDS
Any entryman under sections 321 to 323, 325, and 327 to 329 of this
title who shall show to the satisfaction of the Secretary of the
Interior or such officer as he may designate that he has in good faith
complied with the terms, requirements, and provisions of said sections,
but that because of some unavoidable delay in the construction of the
irrigating works intended to convey water to the said lands, he is,
without fault on his part, unable to make proof of the reclamation and
cultivation of said land, as required by said sections, shall, upon
filing his corroborated affidavit with the land office in which said
land is located, setting forth said facts, be allowed an additional
period of not to exceed three years, within the discretion of the
Secretary or such officer, within which to furnish proof as required by
said sections of the completion of said work.
(Mar. 28, 1908, ch. 112, 3, 35 Stat. 52; 1946 Reorg. Plan No. 3,
403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Secretary of the Interior or such officer as he may designate'' and
''Secretary or such officer'' substituted for ''Commissioner of the
General Land Office'' on authority of section 403 of Reorg. Plan No. 3
of 1946, which abolished General Land Offices and Commissioner thereof
and transferred function of General Land Office to a new agency in
Department of the Interior to be known as Bureau of Land Management.
See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under
section 1 of this title.
Act June 24, 1921, ch. 28, 42 Stat. 66, provided that desert-land
entries in certain townships in Riverside County, California, should not
be canceled prior to May 1, 1923, for failure to make annual or final
proof, that the requirements of the law should become operative from
that date, and that a further extension might be granted.
A further extension of time to make final proof on desert-land
entries in the counties of Benton, Yakima, and Klickitat, in the State
of Washington, was authorized by act Feb. 28, 1911, ch. 180, 36 Stat.
960.
Previous provisions for extension of time for making final proofs
under entries of desert lands in certain cases were made by act Aug. 4,
1894, ch. 208, 28 Stat. 226.
43 USC 334. Further extension of time for final proofs
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may, in his discretion, in addition to
the extension authorized by section 333 of this title or other law
existing prior to April 30, 1912, grant to any entryman under the
desert-land laws a further extension of the time within which he is
required to make final proof: Provided, That such entryman shall, by
his corroborated affidavit filed in the land office of the district
where such land is located, show to the satisfaction of the Secretary
that because of unavoidable delay in the construction of irrigation
works intended to convey water to the land embraced in his entry he is,
without fault on his part, unable to make proof of the reclamation and
cultivation of said lands as required by law within the time limited
therefor; but such extension shall not be granted for a period of more
than three years, and this section shall not affect contests initiated
for a valid existing reason: Provided, That the total extension of the
statutory period for making final proof that may be allowed in any one
case under this section, and any other statutes existing prior to April
30, 1912, of either general or local application, shall be limited to
six years in the aggregate.
(Apr. 30, 1912, ch. 101, 37 Stat. 106.)
43 USC 335. Further extension in cases not covered by sections 333 and
334 of this title
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may, in his discretion, extend the time
within which final proof is required to be submitted upon any lawful
pending desert-land entry made prior to March 4, 1915, such extension
not to exceed three years from the date of allowance thereof: Provided,
That the entryman or his duly qualified assignee has, in good faith,
complied with the requirements of law as to yearly expenditures and
proof thereof, and shall show, under rules and regulations to be
prescribed by the Secretary of the Interior, that there is a reasonable
prospect that, if the extension is granted, he will be able to make the
final proof of reclamation, irrigation, and cultivation required by law:
Provided further, That the foregoing shall apply only to cases wherein
an extension or further extension of time may not properly be allowed
under sections 333 and 334 of this title or other law existing prior to
March 4, 1915: Provided further, That in cases where such entries have
been assigned prior to March 4, 1915, the assignees shall, if otherwise
qualified, be entitled to the benefit hereof.
(Mar. 4, 1915, ch. 147, 5, 38 Stat. 1161; Mar. 21, 1918, ch. 26, 40
Stat. 458.)
Section is comprised of second paragraph of section 5 of act Mar. 4,
1915. First paragraph of such section 5 was classified to section 26 of
Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288,
title VI, 602(a)(20), 63 Stat. 401, eff. July 1, 1949, renumbered
Sept. 5, 1950, ch. 849, 6(a), (b), 64 Stat. 583, and is covered by
section 481 of Title 40, Public Buildings, Property, and Works; third
and fourth paragraphs of such section 5 are classified to sections 337
and 338 of this title, respectively.
Act Mar. 21, 1918 extended provisions to include entries made prior
to Mar. 4, 1915, and added the last proviso. Act Mar. 4, 1915,
related to entries made prior to July 1, 1914.
43 USC 336. Further extension in addition to that authorized by
sections 333 to 335 of this title
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may, in his discretion, in addition to
the extensions authorized by sections 333 to 335 of this title or other
law existing prior to February 25, 1925, grant to any entryman under the
desert-land laws of the United States a further extension of time of not
to exceed three years within which to make final proof: Provided, That
such entryman shall, by his corroborated affidavit, filed in the land
office of the district where such land is located, show to the
satisfaction of the Secretary that because of unavoidable delay in the
construction of the irrigation works intended to convey water to the
land embraced in his entry, he is, without fault on his part, unable to
make proof of the reclamation and cultivation of said lands as required
by law within the time limited therefor: And provided further, That the
entryman, his heirs, or his duly qualified assignee, has in good faith
complied with the requirements of law as to yearly expenditures and
proof thereof, and shall show, under rules and regulations to be
prescribed by the Secretary of the Interior, that there is a reasonable
prospect that if the extension is granted he will be able to make the
final proof of reclamation, irrigation, and cultivation required by law.
(Feb. 25, 1925, ch. 329, 43 Stat. 982.)
43 USC 336a, 336b. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21,
1976, 90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section 336a, act July 30, 1956, ch. 778, 1, 70 Stat. 715, related
to absence during 1956 to 1959 due to economic conditions and protection
of rights of entryman.
Section 336b, act July 30, 1956, ch. 778, 2, 70 Stat. 716, related
to homestead or desert land applications on file as of Mar. 1, 1956, and
entries and rights of United States.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 336c. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act July 30, 1956, ch. 778, 3, 70 Stat. 716, provided that
property rights of an entryman making an election under section 336a of
this title or whose entry is allowed under section 336b of this title
was a personal right, inheritable but not assignable.
43 USC 336d. Repealed. Pub. L. 94-579, title VII, 702, Oct. 21, 1976,
90 Stat. 2787
TITLE 43 -- PUBLIC LANDS
Section, act July 30, 1956, ch. 778, 4, 70 Stat. 716, set forth
lands subject to protection of rights of entryman.
Section 702 of Pub. L. 94-579 provided that the repeal made by that
section is effective on and after Oct. 21, 1976, except such effective
date to be on and after tenth anniversary of date of approval of this
Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in
Alaska.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 337. Entry, after expenditures, perfected as homestead entry
TITLE 43 -- PUBLIC LANDS
Where it shall be made to appear to the satisfaction of the Secretary
of the Interior, under rules and regulations to be prescribed by him,
with reference to any lawful pending desert-land entry made prior to
March 4, 1915, under which the entryman or his duly qualified assignee
under an assignment made prior to March 4, 1915, has, in good faith,
expended the sum of $3 per acre in the attempt to effect reclamation of
the land, that there is no reasonable prospect that, if the extension
allowed by section 335 of this title or any law existing prior to March
4, 1915, were granted, he would be able to secure water sufficient to
effect reclamation of the irrigable land in his entry or any legal
subdivision thereof, the Secretary of the Interior may, in his
discretion, allow such entryman or assignee five years from notice
within which to perfect the entry in the manner required of a homestead
entryman: Provided, That in cases where such entries have been assigned
prior to March 4, 1915, the assignees shall, if otherwise qualified, be
entitled to the benefit hereof.
(Mar. 4, 1915, ch. 147, 5, 38 Stat. 1161; Mar. 21, 1918, ch. 26, 40
Stat. 458.)
Section is comprised of third paragraph of section 5 of act Mar. 4,
1915. First paragraph of such section 5 was classified to section 26 of
Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288,
title VI, 602(a)(20), 63 Stat. 401, eff. July 1, 1949, renumbered
Sept. 5, 1950, ch. 849, 6(a), (b), 64 Stat. 583, and is covered by
section 481 of Title 40, Public Buildings, Property, and Works; second
and fourth pars. of such section 5 are classified to sections 335 and
338 of this title, respectively.
Act Mar. 21, 1918 extended the provisions to include entries made
prior to Mar. 4, 1915 and added the last proviso. Act Mar. 4, 1915
related to entries made prior to July 1, 1914.
43 USC 338. Election to perfect entry; final proof
TITLE 43 -- PUBLIC LANDS
Any desert-land entryman or his assignee entitled to the benefit of
section 337 of this title may, if he shall so elect within sixty days
from the notice therein provided, pay to the officer designated by the
Secretary of the Interior of the local land office the sum of 50 cents
per acre for each acre embraced in the entry, and thereafter perfect
such entry upon proof that he has upon the tract permanent improvements
conducive to the agricultural development thereof of the value of not
less than $1.25 per acre, and that he has, in good faith, used the land
for agricultural purposes for three years and the payment to the
officer, at the time of final proof, of the sum of 75 cents per acre:
Provided, That in such case final proof may be submitted at any time
within five years from the date of the entryman's election to proceed as
provided in this section, and in the event of failure to perfect the
entry as herein provided, all moneys theretofore paid shall be forfeited
and the entry canceled: Provided, That in cases where such entries have
been assigned prior to March 4, 1915, the assignees shall, if otherwise
qualified, be entitled to the benefit hereof.
(Mar. 4, 1915, ch. 147, 5, 38 Stat. 1162; Mar. 21, 1918, ch. 26, 40
Stat. 458; Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch.
462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100.)
Section is comprised of fourth paragraph of section 5 of act Mar. 4,
1915. First paragraph of such section 5 was classified to, section 26
of Title 41, Public Contracts, was repealed by act June 30, 1949, ch.
288, title VI, 602(a)(20), 63 Stat. 401, eff. July 1, 1949, renumbered
Sept. 5, 1950, ch. 849, 6(a), (b), 64 Stat. 583, and is covered by
section 481 of Title 40, Public Buildings, Property, and Works; second
and third paragraphs of such section 5 are classified to sections 335
and 337 of this title, respectively.
Act Mar. 21, 1918 added the last proviso.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officer designated by the Secretary of the Interior'' substituted
for ''register'' on authority of section 403 of Reorg. Plan No. 3 of
1946, which abolished all registers of district land offices and
transferred functions of register of district land offices to Secretary
of the Interior. See section 403 of Reorg. Plan No. 3, of 1946, set
out as a note under section 1 of this title.
Previously, references to ''receiver'' changed to ''register'' by
acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated offices of
register and receiver and provided for a single officer to be known as
register.
43 USC 339. Perfection of title to entry; supplementary provisions to
sections 335, 337, and 338
TITLE 43 -- PUBLIC LANDS
Where it shall be made to appear to the satisfaction of the Secretary
of the Interior with reference to any lawful pending desert-land entry
made prior to July 1, 1925, under which the entryman or his duly
qualified assignee under an assignment made prior to March 4, 1929, has
in good faith expended the sum of $3 per acre in the attempt to effect
reclamation of the land, that there is no reasonable prospect that he
would be able to secure water sufficient to effect reclamation of the
irrigable land in his entry or any legal subdivision thereof, the
Secretary of the Interior may, in his discretion, allow such entryman or
assignee ninety days from notice within which to pay to the officer
designated by the Secretary of the Interior of the United States land
office 25 cents an acre for the land embraced in the entry and to file
an election to perfect title to the entry under the provisions of this
section, and thereafter within one year from the date of filing of such
election to pay to such officer the additional amount of 75 cents an
acre, which shall entitle him to a patent for the land: Provided, That
in case the final payment be not made within the time prescribed the
entry shall be canceled and all money theretofore paid shall be
forfeited.
(Mar. 4, 1929, ch. 687, 45 Stat. 1548; Feb. 14, 1934, ch. 9, 48
Stat. 349; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Officer designated by the Secretary of the Interior'' and ''such
officer'' substituted for ''register'' on authority of section 403 of
Reorg. Plan No. 3 of 1946, which abolished all registers of district
land offices and transferred functions of register of district land
offices to Secretary of the Interior. See section 403 of Reorg. Plan
No. 3 of 1946, set out as a note under section 1 of this title.
43 USC CHAPTER 10 -- UNDERGROUND-WATER RECLAMATION GRANTS
TITLE 43 -- PUBLIC LANDS
43 USC 351 to 355. Repealed. Pub. L. 88-417, 1, Aug. 11, 1964, 78
Stat. 389
TITLE 43 -- PUBLIC LANDS
Section 351, act Oct. 22, 1919, ch. 77, 1, 41 Stat. 293,
authorized Secretary of the Interior to grant permits to explore for
underground water.
Section 352, acts Oct. 22, 1919, ch. 77, 2, 41 Stat. 294; Oct.
28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, related to designation by Secretary of lands
subject to disposal.
Section 353, acts Oct. 22, 1919, ch. 77, 3, 41 Stat. 294; Oct.
28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, related to application for permit to explore for
under-ground water.
Section 354, act Oct. 22, 1919, ch. 77, 4, 41 Stat. 294, related
to conditions of permit and its cancellation for failure to meet them.
Section 355, act Oct. 22, 1919, ch. 77, 5, 41 Stat. 294, related
to issuance of a patent to land on the development of a water supply.
Section 1 of Pub. L. 88-417 provided: ''That, subject to any valid
rights and obligations existing on the date of approval of this Act
(Aug. 11, 1964), the Act of October 22, 1919 (41 Stat. 293; 43 U.S.C.
351-355, 357-360), is hereby repealed.''
Section 2 of Pub. L. 88-417 provided that: ''Any valid application
for permit under that Act (this chapter), on file with the Secretary of
the Interior on the effective date of this Act (Aug. 11, 1964), may be
processed in the same manner as if this Act (repealing sections 351 to
355 and 357 to 360 of this title) had not been enacted.''
43 USC 356. Repealed. Pub. L. 94-579, title VII, 703(a), Oct. 21, 1976,
90 Stat. 2789
TITLE 43 -- PUBLIC LANDS
Section, act Sept. 22, 1922, ch. 400, 42 Stat. 1012, extended time
for development of underground water supplies with reclamation grants.
Section 703(a) of Pub. L. 94-579 provided that the repeal made by
that section is effective on and after Oct. 21, 1976.
Repeal by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
43 USC 357 to 360. Repealed. Pub. L. 88-417, 1, Aug. 11, 1964, 78
Stat. 389
TITLE 43 -- PUBLIC LANDS
Section 357, act Oct. 22, 1919, ch. 77, 6, 41 Stat. 294, provided
for disposition of land not included in patents.
Section 358, act Oct. 22, 1919, ch. 77, 7, 41 Stat. 295, provided
for payment of proceeds of land sales into reclamation fund.
Section 359, acts Oct. 22, 1919, ch. 77, 8, 41 Stat. 295; Oct.
28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145; 1946 Reorg. Plan No. 3, 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100, provided for reservation to the United States of
coal and mineral rights, and for disposition of such reserved rights.
Section 360, act Oct. 22, 1919, ch. 77, 9, 41 Stat. 295,
authorized Secretary to prescribe rules and regulations.
Sections repealed subject to valid rights and obligations existing on
Aug. 11, 1964, see section 1 of Pub. L. 88-417, set out as a note
under sections 351 to 355 of this title.
Processing of applications filed prior to Aug. 11, 1964, to be in
same manner as if Pub. L. 88-417 had not been enacted, see section 2 of
Pub. L. 88-417, set out as a note under sections 351 to 355 of this
title.
43 USC CHAPTER 11 -- DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES,
ETC., BY GOVERNMENT
TITLE 43 -- PUBLIC LANDS
Sec.
361. Authority to explore for, develop, and mark water holes, etc.
362. Injury to signposts and filling up or fouling water supply.
363. Rules and regulations by Secretary.
43 USC 361. Authority to explore for, develop, and mark water holes,
etc.
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized and empowered, in his
discretion in so far as the authorization made herein will permit, to
discover, develop, protect, and render more accessible for the benefit
of the general public, springs, streams, and water holes on arid public
lands of the United States; and in connection therewith to erect and
maintain suitable and durable monuments and signboards at proper places
and intervals along and near the accustomed lines of travel and over the
general area of said desert lands, containing information and directions
as to the location and nature of said springs, streams, and water holes,
to the end that the same may be more readily traced and found by persons
in search or need thereof; also to provide convenient and ready means,
apparatus, and appliances by which water may be brought to the earth's
surface at said water holes for the use of such persons; also to
prepare and distribute suitable maps, reports, and general information
relating to said springs, streams, and water holes, and their specific
location with reference to lines of travel.
(Aug. 21, 1916, ch. 360, 1, 39 Stat. 518.)
43 USC 362. Injury to signposts and filling up or fouling water supply
TITLE 43 -- PUBLIC LANDS
Whoever shall willfully or maliciously injure, destroy, deface, or
remove any of said monuments or signposts, or shall willfully or
maliciously fill up, render foul, or in anywise destroy or impair the
utility of said springs, streams, or water holes, or shall willfully or
maliciously interfere with said monuments, signposts, streams, springs,
or water holes, or the purposes for which they are maintained and used,
shall be fined not more than $1,000 or imprisoned not more than three
years, or both.
(Aug. 21, 1916, ch. 360, 3, 39 Stat. 518.)
43 USC 363. Rules and regulations by Secretary
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to perform any and all
acts and make such rules and regulations as may be necessary for the
purpose of carrying the provisions of this chapter into full force and
effect.
(Aug. 21, 1916, ch. 360, 4, 39 Stat. 518.)
43 USC CHAPTER 11A -- BOARD ON GEOGRAPHIC NAMES
TITLE 43 -- PUBLIC LANDS
Sec.
364. Uniformity in geographic nomenclature and orthography;
exercise of functions of Secretary of the Interior.
364a. Board on Geographic Names; establishment and membership;
appointment and term of office.
364b. Formulation of principles, policies and procedures; action by
Secretary; recommendations of Board.
364c. Studies, investigations, and records; staff assistance;
advisory committees.
364d. Promulgation of decisions; furnishing information.
364e. Standardization of geographic names; abolition of United
States Board on Geographical Names in Department of the Interior;
transfer of duties.
364f. Application to naming of offices or establishments.
43 USC 364. Uniformity in geographic nomenclature and orthography;
exercise of functions of Secretary of the Interior
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior, hereinafter called the Secretary,
conjointly with the Board on Geographic Names, as hereinafter provided,
shall provide for uniformity in geographic nomenclature and orthography
throughout the Federal Government. The Secretary may exercise his
functions through such officials as he may designate, except that such
authority as relates to the final approval or review of actions of the
Board on Geographic Names shall be exercised by him, or his Under or
Assistant Secretaries.
(July 25, 1947, ch. 330, 1, 61 Stat. 456.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Section 8 of act July 25, 1947, authorized appropriation of such sums
as might be necessary to carry out the purposes of this chapter.
43 USC 364a. Board on Geographic Names; establishment and membership;
appointment and term of office
TITLE 43 -- PUBLIC LANDS
There is established a Board on Geographic Names, hereinafter called
the Board. The membership of the Board shall include one representative
from each of the Departments of State, Defense, Interior, Agriculture,
and Commerce, and from the Government Printing Office, the United States
Postal Service, and the Library of Congress. The Board may also include
representatives from such Federal agencies as the Secretary, upon
recommendation of the Board, shall from time to time find desirable,
even though these agencies are in the departments otherwise represented
on the Board. The members of the Board shall be appointed by the
respective heads of the departments or independent agencies that they
represent. Each member shall be appointed for a two-year term but may
be reappointed to successive terms. The members of the Board shall
serve without additional compensation. The Board shall nominate a
Chairman to be appointed by the Secretary, and shall establish such
working committees as are found desirable.
(July 25, 1947, ch. 330, 2, 61 Stat. 456; Aug. 10, 1949, ch. 412, 4,
63 Stat. 579; Aug. 12, 1970, Pub. L. 91-375, 4(a), 6(o), 84 Stat. 773,
783.)
1949 -- Act Aug. 10, 1949, established Department of Defense as an
Executive Department and reduced Departments of the Army, Navy, and Air
Force to status of military departments in Department of Defense.
''United States Postal Service'' substituted in text for ''Post
Office Department'' pursuant to Pub. L. 91-375, 4(a), 6(o), Aug. 12,
1970, 84 Stat. 773, 783, which are set out as notes preceding section
101 of Title 39, Postal Service, and under section 201 of Title 39,
respectively, which abolished Post Office Department, transferred its
functions to United States Postal Service, and provided that references
in other laws to Post Office Department be considered a reference to
United States Postal Service.
43 USC 364b. Formulation of principles, policies and procedures;
action by Secretary; recommendations of Board
TITLE 43 -- PUBLIC LANDS
The Board, subject to the approval of the Secretary, shall formulate
principles, policies, and procedures to be followed with reference to
both domestic and foreign geographic names; and shall decide the
standard names and their orthography for official use. The principles,
policies, and procedures formulated hereunder shall be designed to serve
the interests of the Federal Government and the general public, to
enlist the effective cooperation of the Federal departments and agencies
most concerned, and to give full consideration to the specific interests
of particular Federal and State agencies. Action may be taken by the
Secretary in any matter wherein the Board does not act within a
reasonable time. The Board may make such recommendations to the
Secretary as it finds appropriate in connection with this chapter.
(July 25, 1947, ch. 330, 3, 61 Stat. 456.)
43 USC 364c. Studies, investigations, and records; staff assistance;
advisory committees
TITLE 43 -- PUBLIC LANDS
The Secretary shall cause such studies and investigations to be made
and such records to be kept as may be necessary or desirable in carrying
out the purposes of this chapter, and he shall provide a place of
meeting and staff assistance to the Board. The staff shall be
responsible to the Secretary, who shall prescribe its relations to the
Board and the committees of the Board. The Secretary may establish from
time to time, upon recommendation of the Board, advisory committees of
United States citizens who are recognized experts in their respective
fields to assist in the solution of special problems arising under this
chapter.
(July 25, 1947, ch. 330, 4, 61 Stat. 456.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. Advisory committees established after Jan.
5, 1973, to terminate not later than the expiration of the 2-year period
beginning on the date of their establishment, unless, in the case of a
committee established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior to the
expiration of such 2-year period, or in the case of a committee
established by the Congress, its duration is otherwise provided by law.
See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
in the Appendix to Title 5, Government Organization and Employees.
43 USC 364d. Promulgation of decisions; furnishing information
TITLE 43 -- PUBLIC LANDS
For the guidance of the Federal Government, the Secretary shall
promulgate in the name of the Board, from time to time and in such form
as will carry out the purposes of this chapter, decisions with respect
to geographic names and principles of geographic nomenclature and
orthography. The Secretary shall also furnish such additional
information with respect to geographic names as will assist in carrying
out the purposes of this chapter.
(July 25, 1947, ch. 330, 5, 61 Stat. 457.)
43 USC 364e. Standardization of geographic names; abolition of United
States Board on Geographical Names in Department of the Interior;
transfer of duties
TITLE 43 -- PUBLIC LANDS
With respect to geographic names the pertinent decisions and
principles issued by the Secretary shall be standard for all material
published by the Federal Government. The United States Board on
Geographical Names in the Department of the Interior created by
Executive order, is abolished, and the duties of said Board are
transferred to the Board herein created, and all departments, bureaus,
and agencies of the Federal Government shall refer all geographic names
and problems to the said Board for the purpose of eliminating
duplication of work, personnel, and authority.
(July 25, 1947, ch. 330, 6, 61 Stat. 457.)
43 USC 364f. Application to naming of offices or establishments
TITLE 43 -- PUBLIC LANDS
Nothing in this chapter shall be construed as applying to the naming
of the offices or establishments of any Federal agency.
(July 25, 1947, ch. 330, 7, 61 Stat. 457.)
43 USC
TITLE 43 -- PUBLIC LANDS
43 USC CHAPTER 12 -- RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
GOVERNMENT
TITLE 43 -- PUBLIC LANDS
Sec.
371. Definitions.
372. Water right as appurtenant to land and extent of right.
373. General authority of Secretary of the Interior.
373a. Commissioner of Reclamation; appointment.
373a-1. Repealed.
374. Sale of lands acquired in connection with irrigation project.
375. Sale of land improved at expense of reclamation fund.
375a. Sale under sections 374 and 375 of lands appraised at not
exceeding $300.
375b. Disposal of tracts too small to be classed farm units.
375c. Sales of small tracts to resident farm owners and entrymen;
price; terms; acreage purchasable.
375d. Issuance of patent for small tracts; reservations.
375e. Moneys from sale of small tracts covered into reclamation
fund; credit.
375f. Rules and regulations.
376. Return of land donations not needed.
377. General expenses of Bureau of Reclamation chargeable to general
reclamation fund.
377a. Limitation on use of funds where organizations or individuals
are in arrears on contract charges.
378. Omitted.
379. Purchase of scientific books, law books, etc.
380 to 382. Repealed or Omitted.
383. Vested rights and State laws unaffected.
384. Extension of time for payment of charges accrued prior to March
2, 1924, and January 1, 1925.
385. Repealed.
385a. Payments to school districts for education of dependents of
construction personnel; cooperative arrangements; chargeable to
project.
385b, 385c. Repealed or Omitted.
386. Application of excess-land provisions of reclamation laws to
certain lands.
387. Removal of sand, gravel, etc.; leases, easements, etc.
388. Contracts for materials; liability of United States.
389. Relocation of highways, railroads, transmission lines, etc.,
exchange of water, water rights or electric energy.
390. Utilization of dams and reservoir projects for irrigation
purposes; additional construction; necessity of authorization;
apportionment of cost; limitation.
390a. Conditions precedent for construction of dams, reservoir, or
water supply.
390b. Development of water supplies for domestic, municipal,
industrial, and other purposes.
(a) Declaration of policy.
(b) Storage in reservoir projects; agreements for payment of cost of
construction or modification of projects.
(c) Application to other laws.
(d) Approval of Congress of modifications of reservoir projects.
390c. Water reservoirs; interests of States and local agencies in
storage space.
390d. Dams and reservoirs wherein costs thereof, or rights thereto,
have been acquired by local interests.
390e. Rights, acquisition and availability of; obligation for
operation and maintenance; costs for reconstruction, rehabilitation, or
replacement; use during Government operation or by contract.
390f. Revision of leases or agreements to evidence conversion of
rights to use of storage rights.
390g. Groundwater recharge of aquifers; demonstration program.
390g-1. Phase I of groundwater recharge demonstration program.
(a) Development of detailed plan of demonstration projects;
requisite features of plan.
(b) Recommendation of demonstration projects.
(c) Preliminary selection of projects.
(d) Report to Congress.
390g-2. Phase II of groundwater recharge demonstration program.
(a) Design, construction, and operation of projects.
(b) Alternative means of cost allocation; economic feasibility of
projects.
(c) Reports to Congress.
390g-3. Evaluation of water quality impacts.
390g-4. Authorization of appropriations to carry out phase I.
390g-5. Authorization of appropriations to carry out phase II.
390g-6. Matching basis for funding phase II from non-Federal
sources.
390g-7. New spending authority.
390g-8. Interstate transfer of water from Arkansas.
390aa. Congressional declaration of purpose; short title.
390bb. Definitions.
390cc. New or amended contracts.
(a) Generally.
(b) Amendment of existing contracts.
(c) Election by qualified or limited recipients in absence of
amendment to contract.
(d) Consent of non-Federal party.
390dd. Limitation on ownership.
390ee. Pricing.
(a) Delivery of irrigation water at full cost.
(b) Delivery of irrigation water at prior terms and conditions.
(c) Delivery of irrigation water to lands under recordable contracts.
390ff. Certification of compliance.
390gg. Equivalency.
390hh. Operation and maintenance charges.
(a) Price adequate to recover charges.
(b) Modification of price.
(c) Districts not operating from Federal funds.
390ii. Disposition of excess lands.
(a) Disposal of lands in excess of ownership limitations within
reasonable time.
(b) Continued delivery of irrigation water to lands held in excess of
ownership limitations.
(c) Amendment of existing recordable contracts.
(d) Power of attorney requirement in contracts; exercise of power by
Secretary.
(e) Extension of time for disposal of excess lands.
(f) Eligibility of excess lands for irrigation water after
disposition.
390jj. Water conservation.
(a) Implementation of program by non-Federal recipients.
(b) Development of plan.
(c) Coordination of ongoing programs; full public participation.
390kk. Residency not required.
390ll. Corps of Engineers projects.
(a) Applicability of Federal reclamation laws.
(b) Payment of construction, operation, maintenance and
administrative costs allocated to conservation or irrigation storage.
390mm. Repayment of construction charges.
(a) Ownership and pricing limitations inapplicable when repayment
obligation has been discharged.
(b) Certification of freedom from ownership and pricing limitations.
(c) Lump sum or accelerated repayment of construction costs.
390nn. Trusts.
390oo. Temporary supplies of water.
(a) Limitations inapplicable.
(b) Waiver of payment for temporary water supplies.
390pp. Involuntary foreclosure.
390qq. Isolated tracts.
390rr. Central Arizona Project.
390ss. Religious or charitable organizations.
390tt. Contract required.
390uu. Waiver of sovereign immunity.
390vv. Excess crop restrictions.
(a) Report to Congress on production of surplus crops on acreage
served by irrigation water.
(b) Restrictions prohibiting delivery of irrigation water for
production of excess basic agricultural commodities.
390ww. Administrative provisions.
(a) Existing Federal reclamation law.
(b) Existing statutory exemptions from ownership or pricing
limitations of Federal reclamation law.
(c) Regulations; collection of necessary data.
(d) Omitted.
(e) Sale of nonexcess land acquired into excess status pursuant to
involuntary process of law, etc.
(f) Omitted.
(g) Annual audit of compliance with reclamation laws.
(h) Recordable contracts executed prior to October 12, 1982.
(i) Collection of underpayment with interest for irrigation water.
390xx. Validation of contracts entered into prior to October 1,
1981.
390yy. Leasing requirements.
390zz. Reporting.
390zz-1. Severability.
391. Establishment of ''reclamation fund''.
391a. Advances to reclamation fund.
391a-1. Increase in reclamation fund; reimbursement of advances
from Treasury.
391b. Omitted.
392. Payments into reclamation fund of moneys received from entrymen
and water right applicants.
392a. Payment into reclamation fund of receipts from irrigation
projects; transfer of power revenues to General Treasury after
repayment of construction costs.
393. Proceeds from sale of materials, etc.
394. Proceeds from sale of products of or leases of withdrawn or
reserved lands.
395. Contributions by State, municipality, etc.
396. Return of contributions to cooperative investigations of
projects.
397. Advances by Government for completion of projects initiated
prior to June 25, 1910.
397a. Advances for operation and maintenance of projects.
398. Sales of Government certificates to obtain funds for advances.
399. Omitted.
400. Advances as item of cost of construction and maintenance of
project.
401. Amounts collected from defaulting contractors and their
sureties.
402 to 404. Omitted or Repealed.
411. Surveys for, location, and construction of irrigation works
generally.
411a. Repealed.
411a-1. Authorization of appropriations for investigations of
feasibility of reclamation projects.
411b. Employment of engineers, geologists, appraisers and economists
for reclamation consultation work; compensation; retired Army and Navy
officers as consulting engineers.
412. Prerequisites to initiation of project or division of project.
413. Approval of project by President.
414. Appropriation for projects essential.
415. Receipts applicable to project generally.
416. Laws applicable to withdrawn lands; restoration to entry.
417. Reservation of easements in public lands for reclamation
projects.
418. Private lands within project; agreement as to disposal of
excess over farm unit.
419. Contract for irrigation project; notice as to lands irrigable,
unit of entry, and construction charges.
420. Use of earth, timber, etc., from other public lands.
421. Acquisition of lands for irrigation project; eminent domain.
421a. Construction of distribution and drainage systems by
irrigation districts or public agencies.
421b. Loans for construction of distribution and drainage systems;
repayment contract; time period for repayment of loan; ''irrigation
district or other public agency'' defined.
421c. Conditions of loan for distribution and drainage systems;
reconveyance by Secretary of lands, interests in lands, and distribution
works heretofore conveyed to the United States; conditions of
reconveyance; rights of way.
421d. Effect on existing laws.
421e. Municipal and industrial water supply delivery and
distribution; allocation of loan funds; loan repayment contract
requirements; rate of interest.
421f. Existing loan contracts; negotiation by Secretary of
amendments.
421g. Existing rights unaffected.
421h. Procedural and substantive requirements applicable to works
financed by loans pursuant to sections 421a to 421h of this title.
422. Construction of dams across Yellowstone River.
422a. Declaration of purpose.
422b. Definitions.
422c. Proposals; submission; payment for cost of examination.
422d. Contents of proposals.
(a) Plans and estimates; review by States; allocation of capital
costs.
(b) Lands and water rights; ownership; financing.
(c) Transmittal of findings and approval to Congress; certification
of soil survey; reservation of land.
(d) Amount of loan and/or grant; increase by Secretary.
(e) Appropriation; nonapplicability.
(f) Consideration of financial feasibility, emergency, or urgent
need; jurisdiction and control of project works and facilities.
422e. Contract requirements.
422f. Proposals for projects previously authorized; waiver of
requirements; approval; negotiation of contract.
422g. Information from Federal agencies; costs.
422h. Planning and construction; transfer of funds.
422i. Rules and regulations.
422j. Appropriations; notice to Congress of receipt of proposal;
funds to initiate proposal; availability of appropriations;
reimbursement; limitations on expenditures in any single State;
waiver.
422k. Supplement to Federal reclamation laws; short title.
422k-1. Loan contracts for deferment of repayment installments;
amendment or supplementation.
422l. Application of this subchapter to Hawaii.
423. Permanently unproductive lands; exclusion from project;
disposition of water right.
423a. Construction charges on permanently unproductive lands already
paid; disposition.
423b. Suspension of payment of construction charges against areas
temporarily unproductive.
423c. Exchange of unpatented entries; entries, farms or private
lands, eliminated from project; rights not assignable; rights of
lienholders; preference to ex-service men.
423d. Amendment of existing water right contracts by Secretary of
the Interior.
423e. Completion of new projects or new division; execution of
contract with district as condition precedent to delivery of water;
contents of contract; cooperation of States with United States;
limitations on sale of land.
423f. Purpose of sections 423 to 423g and 610.
423g. Adjustment of water right charges as final adjudication on
projects and divisions named.
423h. Delivery of water to excess lands upon death of spouse.
424. Disposal of lands classified as temporarily or permanently
unproductive; persons who may take.
424a. Sale of unproductive lands; terms; area purchasable; tracts
included.
424b. Application of certain statutes to lands sold.
424c. Issuance of patents; recitals in patents; reservations.
424d. Use of moneys collected from sales, project construction
charges and water rentals respecting unproductive lands.
424e. Authority of Secretary of the Interior; rules and
regulations.
425. Exemption of lands owned by States, etc., from acreage
limitation on receipt of irrigation benefits; determination of exempt
status.
425a. Eligibility of transferred lands owned by States, etc., for
receipt of water from a Federal reclamation project, division, or unit;
conditions of eligibility; purchase price.
425b. Receipt of project water by lessees of irrigable lands owned
by States, etc.; time limitation; applicability of acreage limitations.
431. Limitation as to amount of water; qualifications of applicant.
432. Entry under homestead laws generally.
433. Character and capital qualification of entrymen.
433a. Preference of needy families.
434. Amount of land for which entry may be made; farm unit;
subdivision of lands.
435. Entries in excess of farm unit.
436. Time when entry may be made generally.
437. Lands as to which entries made prior to June 25, 1910, have
been relinquished.
438. Repealed.
439. Cultivation requirement as to entrymen.
440. Regulations as to use of water and requirements as to
cultivation and reclamation of land; cancellation for noncompliance
with requirements.
441. Assignment of entries generally.
442. Assignment between June 23, 1910, and January 1, 1913,
confirmed.
443. Limitation of amount of land holdable under assignment of
entry.
444, 445. Omitted.
446. Right to make entry on relinquishment of former entry under
land laws.
447. Relinquishment of homestead entry and making new entry.
448. Desert-land entries within reclamation project generally.
449. Assignment of desert-land entry within project.
451. Conditions necessary for exchange; terms; credits; rights
nonassignable.
451a. Persons eligible for benefits.
451b. Irrigation construction charges.
(a) Credits to entryman.
(b) Credits to district; reduction of costs.
(c) Extension of benefits to districts.
451c. Cancellation of charges or liens; credits.
451d. Disposal of improvements; water rights; revertibility of
relinquished land.
451e. Amendment of farm unit; application; amount of land;
exchange; waiver.
451f. Exchanges subject to mortgage contracts.
451g. Preferences; veterans; timely applicants.
451h. Establishment of farm units; size; contiguous or
noncontiguous.
451i. ''Federal irrigation project'' defined.
451j. Rules and regulations.
451k. Availability of appropriations; expenses as nonreimbursable.
455. State taxation; lands of homestead entryman.
455a. State taxation; lands of desert-land entryman.
455b. State tax as lien upon lands; prior lien of United States;
rights of holder of tax title.
455c. Extinguishment of liens and tax titles on reversion of lands
to United States.
461. Determination of construction charges generally.
462. Classification of irrigable lands and equitable apportionment
of charges.
463. Repealed.
464. Increases of charges on failure to make water-right
application.
465. Charges for water service prior to notice of construction
charge.
466. Surveys to correct errors or inequalities in original basis of
project.
467. Repealed.
468. Withdrawal of notice given and modification of applications and
contracts made prior to February 13, 1911.
469. Increase in construction charges.
470. When work increasing construction charge may be undertaken.
471. Initial payment and annual installments of charges generally.
472. Installments on entries or applications made after August 13,
1914, and prior to December 5, 1924.
473, 474. Repealed.
475. Annual installments on entries and contracts prior to August
13, 1914.
476. Repealed.
477. Association or irrigation district as fiscal agent of
Government.
478. Pecuniary penalty for nonpayment of installments of
construction charges.
479. Shutting off water for nonpayment of construction charge.
480. Cancellation of water right or entry for nonpayment of
construction charge.
481. Action to recover construction charges and penalties.
482. Omitted.
485. Declaration of policy.
485a. Definitions.
485b. Amendment of existing repayment contracts.
485b-1. Deferment of installments under repayment contracts;
determination of undue burden; conditions; supplemental contract;
report to Congress.
485c. Repealed.
485d. Time of payments to the United States.
485e. Maintenance and operation of project works; delinquency
penalties.
485f. Negotiation of equitable contracts by Secretary.
(a) Existing project contract unit.
(b) New projects or projects under construction; public lands;
development periods.
(c) Report of proposed contracts to Congress; approval; amendment
after approval.
485g. Classification of lands.
(a) Generally.
(b) Necessity for request.
(c) Furnishing data.
(d) Primary determination.
(e) Probable justification.
(f) Expenses.
(g) Classification as prerequisite to contract.
(h) Modification of existing obligations.
485h. New projects; sale of water and electric power; lease of
power privileges.
(a) Findings of Secretary.
(b) Allocation of part of cost to flood control or navigation.
(c) Furnishing water to municipalities; sale of electric power;
lease of power privileges.
(d) Delivery of water for irrigation; repayment contract
prerequisites.
(e) Contracts to furnish water.
(f) Public participation.
485h-1. Administration of repayment contracts and long-term
contracts to furnish water; renewal and conversion; credit for
payments; right to available water supply; rates; construction
component.
485h-2. Amendments to existing contracts.
485h-3. ''Long-term contract'' defined.
485h-4. Application of State laws.
485h-5. Supplement to Federal reclamation laws.
485h-6. Repayment contracts; amendment for provision, addition or
modification of irrigation blocks.
485h-7. Amendment of repayment contract for payment of annual
installments in two parts.
485i. Rules and regulations.
485j. Effect on existing laws.
485k. Short title.
491. Authority of Secretary to operate works.
492. Operation and maintenance charges generally.
493. Operation charges; date of payment; discount; advance
payment.
493a. Omitted.
494. Pecuniary penalty for nonpayment of operation charge.
495. Shutting off water for nonpayment of operation charge.
496. Cancellation of entry or water right for nonpayment of
operation charge.
497. Action to recover operation charge and penalty.
498. Transfer of management and operation of works to water users
generally.
499. Discretionary power to transfer management.
499a. Transfer of title to movable property; use of appropriations.
499b. Transfer to municipal corporations or other organizations of
care, operation, and maintenance of work supplying water for municipal,
domestic, or industrial use.
500. Duty of association or district to take over management.
501. Disposition of profits of project taken over by water users.
502. Emergency fund to assure continuous operation of projects and
project facilities governed by Federal reclamation law.
503. ''Unusual or emergency conditions'' defined.
504. Rehabilitation and betterment of Federal reclamation projects,
including small reclamation projects; return of costs; interest;
definitions; performance of work.
505. Drainage facilities and minor construction in irrigation works;
contracts with repayment organizations; limitation on costs;
submission of contract to Congress.
506. Authority of Secretary to make modifications.
507. Construction for dam safety.
508. Costs incurred in the modification of structures.
(a) Costs resulting from age and normal deterioration or lack of
maintenance of structures.
(b) Nonreimbursable costs resulting from new hydrologic or seismic
data or changes in criteria.
(c) Reimbursable costs resulting from new hydrologic or seismic data
or changes in criteria.
(d) Contracts for return of costs.
509. Authorization of appropriations; report to Congress.
511. Authority to contract with irrigation district.
512. Release of Government liens after contract with irrigation
districts.
513. Lands in project subject to provisions of chapter; after
contract with irrigation district.
521. Sale of surplus waters generally.
522. Lease of water power.
523. Storage and transportation of water for irrigation districts,
etc.
524. Cooperation with irrigation districts, etc., in construction of
reservoirs and canals.
525. Covering proceeds into reclamation fund.
526. Credit of proceeds to particular project.
541. When patent or final certificate issued.
542. Reservation of lien for charges; enforcement of lien;
redemption.
543. Certificate of final payment and release of lien.
544. Limitation as to holdings prior to final payment of charges;
forfeiture of excess holding.
545. Appointment of agents to receive payments; record of payments
and amounts owing.
546. Jurisdiction of district court for enforcement of this
subchapter.
547. Patent to desert-land entryman.
561. Survey and subdivision of land for town sites; reservation for
public purposes.
562. Appraisal and sale of town lots.
563. Disposal of town sites set apart prior to June 27, 1906.
564. Reappraisal of town lots for sale.
565. Terms of sale of town lots; installments of price.
566. Maintenance of public reservations and conveyance to
municipality.
567. Water rights for towns and cities; charges.
568. Use of reclamation fund for expenses of and disposal of
proceeds of sale of town sites.
569. Reservation of land for park, playground, or community center.
(a) Repealed.
(b) Water service.
(c) Contract for maintenance and use.
(d) Disposition of land not contracted for.
569a. Extension of section 569 to tract of land in Idaho.
570. Conveyance of land to school district.
571. Sale of unplatted portions of Government town sites;
authorization.
572. Disposition of net proceeds; fixing project construction
charges.
573. Expenses of appraisement and sale; rules and regulations.
581 to 586. Omitted.
591. Omitted.
591a. Boise project, Idaho; Arrowrock Dam; installment payments of
costs of repairs, resurfacing, improvement, etc.
592. Omitted.
593. Flathead irrigation project, Montana.
593a. Construction, operation, and maintenance of Hungry Horse Dam.
593b. Construction of additional works for irrigation purposes.
594. Omitted.
595. King Hill project, Idaho.
596. Omitted.
597. Riverton project, Wyoming.
597a. Easements for Bull Lake Dam and Reservoir.
597b. Compensation for easements.
597c. Reservation of Indians' right to use lands.
597d. Regulations.
598. Salt River project, Arizona; sale of water power.
599. Omitted.
600. Minidoka project, Idaho; sales of water from American Falls
Reservoir.
600a. Arch Hurley Conservancy District project, New Mexico.
600b. Canadian River project, Texas.
600c. Nonreimbursable costs.
(a) Construction, operation, and maintenance costs.
(b) Conditions precedent to construction.
(c) Repayment contract.
600d. Sanford Reservoir recreation facilities; allocation of water,
reservoir capacity, or joint project costs of Canadian River project;
municipal water use priorities; agreements for operation, maintenance,
or additional development of project lands or facilities; disposal of
project lands or facilities; nonreimbursable costs; cognizance of
effect of fish and wildlife plan.
600e. Authorization of appropriations for public recreation
facilities.
600f to 600f-4. Omitted.
600g to 600g-4. Omitted.
601 to 612. Omitted or Repealed.
613 to 613e. Omitted.
614 to 614d. Omitted.
615 to 615e. Omitted.
615f to 615j-1. Omitted.
615k to 615n. Omitted.
615o to 615r. Omitted.
615s to 615u. Omitted.
615v to 615x. Omitted.
615aa to 615hh. Omitted.
615ii to 615zz. Omitted.
VALLEY PROJECT, COLORADO
615aaa to 615iii. Omitted.
615jjj to 615ooo. Omitted.
615ppp to 615www. Omitted.
615xxx to 615cccc. Omitted.
615dddd to 615jjjj. Omitted.
615kkkk to 615kkkk-6. Omitted or Repealed.
615llll to 615llll-6. Omitted or Repealed.
616 to 616f. Omitted.
616g to 616j. Omitted.
616k to 616s. Omitted.
616t to 616w. Omitted.
616aa to 616hh. Omitted.
PROJECTS, COLORADO
616ii to 616mm. Omitted.
616nn to 616rr. Omitted.
616ss to 616vv-5. Omitted.
616ww to 616ww-5. Omitted.
DIVISION: CENTRAL VALLEY PROJECT, CALIFORNIA
616aaa to 616fff-7. Omitted.
616ggg to 616mmm. Omitted.
616nnn to 616sss. Omitted.
616ttt to 616yyy. Omitted.
616aaaa to 616ffff-1. Omitted.
616gggg to 616llll. Omitted.
PROJECT, OREGON
616mmmm to 616ssss. Omitted.
OREGON-WASHINGTON
616tttt to 616yyyy. Omitted.
43 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 43 -- PUBLIC LANDS
43 USC 371. Definitions
TITLE 43 -- PUBLIC LANDS
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478,
493, 494, 500, 501, and 526 of this title --
(a) The word ''Secretary'' means the Secretary of the Interior.
(b) The words ''reclamation law'' mean the Act of June 17, 1902 (32
Stat. 388), and all Acts amendatory thereof or supplementary thereto.
(c) The words ''reclamation fund'' mean the fund provided by the
reclamation law.
(d) The word ''project'' means a Federal irrigation project
authorized by the reclamation law.
(e) The words ''division of a project'' mean a substantial irrigable
area of a project designated as a division by order of the Secretary.
(Dec. 5, 1924, ch. 4, 4, subsec. A, 43 Stat. 701.)
Act June 17, 1902, referred to in par. (b), is popularly known as
the Reclamation Act or National Irrigation Act of 1902, which is
classified generally to this chapter. For complete classification of
this Act to the Code, see Short Title note below and Tables.
For short title of Pub. L. 98-434 as the ''High Plains States
Groundwater Demonstration Program Act of 1983'', see section 1 of Pub.
L. 98-434, set out as a Short Title note under section 390g of this
title.
For short title of Pub. L. 98-404 as ''The Reclamation Safety of
Dams Act Amendments of 1984'', see section 1 of Pub. L. 98-404, set out
as a note under section 506 of this title.
For short title of Pub. L. 95-578 as the ''Reclamation Safety of
Dams Act of 1978'', see section 1 of Pub. L. 95-578, set out as a note
under section 506 of this title.
For short title of title III of Pub. L. 85-500, which enacted
section 390b of this title, as the ''Water Supply Act of 1958'', see
section 302 of Pub. L. 85-500, set out as a Short Title note under
section 390b of this title.
Act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which
enacted sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421, 431,
432, 434, 439, 461, 476, 491, and 498 of this title, is popularly known
as the ''Reclamation Act'' or ''National Irrigation Act of 1902''.
Act Dec. 5, 1924, ch. 4, 4, 43 Stat. 701, as amended, which
enacted sections 371, 376, 377, 412, 417, 433, 438, 462, 463, 466, 467,
473, 474, 478, 493, 494, 500, 501, and 526 of this title, is popularly
known as the ''Fact Finders' Act''.
section 1860; title 16 sections 406d-5, 460l-18 to
460l-20, 590z-8, 590z-11; title 25 section 382;
title 30 sections 83, 84, 125, 191; title 50 App.
section 568.
43 USC 372. Water right as appurtenant to land and extent of right
TITLE 43 -- PUBLIC LANDS
The right to the use of water acquired under the provisions of this
Act shall be appurtenant to the land irrigated, and beneficial use shall
be the basis, the measure, and the limit of the right.
(June 17, 1902, ch. 1093, 8, 32 Stat. 390.)
This Act, referred to in text, is act June 17, 1902, popularly known
as the Reclamation Act, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 371 of this title and Tables.
Section is comprised of the proviso in section 8 of act June 17,
1902. Remainder of section 8 is classified to section 383 of this
title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
Reclamation law defined, see section 371 of this title.
43 USC 373. General authority of Secretary of the Interior
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to perform any and all
acts and to make such rules and regulations as may be necessary and
proper for the purpose of carrying out the provisions of this Act into
full force and effect.
(June 17, 1902, ch. 1093, 10, 32 Stat. 390; Aug. 13, 1914, ch. 247,
15, 38 Stat. 690.)
This Act, referred to in text, refers both to act June 17, 1902,
popularly known as the Reclamation Act, and to act Aug. 13, 1914. See
Codification note set out below. For classification of act June 17,
1902 to the Code, see Short Title note set out under section 371 of this
title and Tables. Act Aug. 13, 1914, is classified to sections 373,
414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to
481, 492, 493, 494 to 497, and 499 of this title.
Act Aug. 13, 1914, cited as a credit to this section, did not amend
act July 17, 1902, but contained identical provisions.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Delegation of powers and duties of Secretary of Interior under
reclamation laws, see section 590z-11 of Title 16, Conservation.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16.
43 USC 373a. Commissioner of Reclamation; appointment
TITLE 43 -- PUBLIC LANDS
Under the supervision and direction of the Secretary of the Interior,
the reclamation of arid lands, under the Act of June 17, 1902, and Acts
amendatory thereof and supplementary thereto, shall be administered by a
Commissioner of Reclamation who shall be appointed by the President by
and with the advice and consent of the Senate.
(May 26, 1926, ch. 401, 44 Stat. 657; Oct. 12, 1982, Pub. L.
97-293, title II, 229, 96 Stat. 1274.)
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch.
1093, 32 Stat. 388, as amended, popularly known as the Reclamation Act,
which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 371 of this title and Tables.
Provisions of this section which prescribed the basic compensation of
Commissioner were omitted to conform to the provisions of the Executive
Schedule. See section 5316 of Title 5, Government Organization and
Employees.
1982 -- Pub. L. 97-293 inserted requirement that Commissioner of
Reclamation be appointed by and with advice and consent of Senate.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Compensation of Commissioner, see section 5316 of Title 5, Government
Organization and Employees.
43 USC 373a-1. Repealed. Pub. L. 88-426, title III, 305(35), Aug. 14,
1964, 78 Stat. 426
TITLE 43 -- PUBLIC LANDS
Section, Pub. L. 87-880, title II, 200, Oct. 24, 1962, 76 Stat.
1223, prescribed compensation of Commissioner of Reclamation. See
section 5316 of Title 5, Government Organization and Employees.
Repeal effective on first day of first pay period which begins on or
after July 1, 1964, see section 501 of Pub. L. 88-426.
43 USC 374. Sale of lands acquired in connection with irrigation
project
TITLE 43 -- PUBLIC LANDS
Whenever in the opinion of the Secretary of the Interior any lands
which have been acquired under the provisions of the Act of June 17,
1902 (32 Stat. 388), commonly called the ''Reclamation Act'' or under
the provisions of any act amendatory thereof or supplementary thereto,
for any irrigation works contemplated by the reclamation law, are not
needed for the purposes for which they were acquired, said Secretary of
the Interior may cause said lands, together with the improvements
thereon, to be appraised by three disinterested persons, to be appointed
by him, and thereafter to sell the same for not less than the appraised
value at public auction to the highest bidder, after giving public
notice of the time and place of sale by posting upon the land and by
publication for not less than thirty days in a newspaper of general
circulation in the vicinity of the land.
Upon payment of the purchase price, the Secretary of the Interior is
authorized by appropriate deed to convey all the right, title, and
interest of the United States of, in, and to said lands to the purchaser
at said sale, subject, however, to such reservations, limitations, or
conditions as said Secretary may deem proper: Provided, That not over
one hundred and sixty acres shall be sold to any one person.
The moneys derived from the sale of such lands shall be covered into
the reclamation fund and be placed to the credit of the project for
which such lands had been acquired.
(Feb. 2, 1911, ch. 32, 1-3, 36 Stat. 895.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
Sale of lands appraised at not exceeding $300, see section 375a of
this title.
43 USC 375. Sale of land improved at expense of reclamation fund
TITLE 43 -- PUBLIC LANDS
Whenever in the opinion of the Secretary of the Interior any public
lands which have been withdrawn for or in connection with construction
or operation of reclamation projects under the provisions of the Act of
June 17, 1902, known as the Reclamation Act, and acts amendatory thereof
and supplementary thereto, which are not otherwise reserved and which
have been improved by and at the expense of the reclamation fund for
administration or other like purposes, are no longer needed for the
purposes for which they were withdrawn and improved, the Secretary of
the Interior may cause said lands, together with the improvements
thereon, to be appraised by three disinterested persons to be appointed
by him, and thereafter sell the same, for not less than the appraised
value, at public auction to the highest bidder, after giving public
notice of the time and place of sale by posting upon the land and by
publication for not less than thirty days in a newspaper of general
circulation in the vicinity of the land; not less than one-fifth the
purchase price shall be paid at the time of sale, and the remainder in
not more than four annual payments with interest at 6 per centum per
annum, payable annually, on deferred payments.
Upon payment of the purchase price the Secretary of the Interior is
authorized, by appropriate patent, to convey all the right, title, and
interest of the United States in and to said lands to the purchaser at
said sale, subject, however, to such reservations, limitations, or
conditions as said Secretary may deem proper: Provided, That not over
one hundred and sixty acres shall be sold to any one person, and if said
lands are irrigable under the project in which located they shall be
sold subject to compliance by the purchaser with all the terms,
conditions, and limitations of the reclamation law applicable to lands
of that character: Provided, That the accepted bidder must, prior to
issuance of patent, furnish satisfactory evidence that he or she is a
citizen of the United States.
The moneys derived from the sale of such lands shall be covered into
the reclamation fund and be placed to the credit of the project for
which such lands had been withdrawn.
(May 20, 1920, ch. 192, 1-3, 41 Stat. 605, 606.)
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch.
1093, 32 Stat. 388, as amended, popularly known as the Reclamation Act,
which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 371 of this title and Tables.
43 USC 375a. Sale under sections 374 and 375 of lands appraised at not
exceeding $300
TITLE 43 -- PUBLIC LANDS
The Secretary in his discretion, in any instances where property to
be sold under section 374 or 375 of this title, is appraised at not to
exceed $300, may sell said property at public or private sale without
complying with the provisions of said sections as to notice,
publication, and mode of sale.
(Aug. 4, 1939, ch. 418, 11, 53 Stat. 1197.)
Section was enacted as part of the Reclamation Project Act of 1939.
See sections 387 to 389 and 485 et seq. of this title.
43 USC 375b. Disposal of tracts too small to be classed farm units
TITLE 43 -- PUBLIC LANDS
In accordance with the provisions of sections 375b to 375f of this
title and notwithstanding the provisions of any other law, the Secretary
of the Interior, hereinafter styled the Secretary, is authorized, in
connection with any Federal irrigation project for which water is
available, and after finding that such action will be in furtherance of
the irrigation project and the Act of June 17, 1902 (32 Stat. 388), and
Acts amendatory thereof or supplemental thereto, hereinafter styled the
Reclamation Act, to dispose of any tract of withdrawn public land which,
in the opinion of the Secretary, has less than sufficient acreage
reasonably required for the support of a family and is too small to be
opened to homestead entry and classed as a farm unit under the
Reclamation Act.
(Mar. 31, 1950, ch. 78, 1, 64 Stat. 39.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 375c. Sales of small tracts to resident farm owners and
entrymen; price; terms; acreage purchasable
TITLE 43 -- PUBLIC LANDS
The Secretary is authorized to sell such land to resident farm owners
or resident entrymen, on the project upon which such land is located, at
prices not less than that fixed by independent appraisal approved by the
Secretary, and upon such terms and at private sale or at public auction
as he may prescribe: Provided, That such resident farm landowner or
resident entryman shall be permitted to purchase under sections 375b to
375f of this title not more than one hundred and sixty acres of such
land, or an area which, together with land already owned or entered on
such project shall not exceed one hundred and sixty irrigable acres.
(Mar. 31, 1950, ch. 78, 2, 64 Stat. 39.)
43 USC 375d. Issuance of patent for small tracts; reservations
TITLE 43 -- PUBLIC LANDS
After the purchaser has paid to the United States all the amount on
the purchase price of such land, a patent shall be issued. Such patents
shall contain a reservation of a lien for water charges when deemed
appropriate by the Secretary, and reservations of coal or other mineral
rights to the same extent as patents issued under the homestead laws and
also other reservations, limitations, or conditions as now provided by
law.
(Mar. 31, 1950, ch. 78, 3, 64 Stat. 40.)
43 USC 375e. Moneys from sale of small tracts covered into reclamation
fund; credit
TITLE 43 -- PUBLIC LANDS
The moneys derived from the sale of such lands shall be covered into
the reclamation fund and be placed to the credit of the project on which
such lands are located.
(Mar. 31, 1950, ch. 78, 4, 64 Stat. 40.)
43 USC 375f. Rules and regulations
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to perform any and all
acts and to make rules and regulations necessary and proper for carrying
out the purposes of sections 375b to 375f of this title.
(Mar. 31, 1950, ch. 78, 5, 64 Stat. 40.)
title.
43 USC 376. Return of land donations not needed
TITLE 43 -- PUBLIC LANDS
Where real property or any interest therein heretofore has been, or
hereafter shall be, donated and conveyed to the United States for use in
connection with a project, and the Secretary decides not to utilize the
donation, he is authorized without charge to reconvey such property or
any part thereof to the donating grantor, or to the heirs, successors,
or assigns of such grantor.
(Dec. 5, 1924, ch. 4, 4, subsec. Q, 43 Stat. 704.)
The definitions in section 371 of this title apply to this section.
43 USC 377. General expenses of Bureau of Reclamation chargeable to
general reclamation fund
TITLE 43 -- PUBLIC LANDS
The cost and expense after June 30, 1945, of the office of the
Commissioner in the District of Columbia, and, except for such cost and
expense as are incurred on behalf of specific projects, of general
investigations and of nonproject offices outside the District of
Columbia, shall be charged to the reclamation fund and shall not be
charged as a part of the reimbursable construction or operation and
maintenance costs.
(Dec. 5, 1924, ch. 4, 4, subsec. O, 43 Stat. 704; Apr. 19, 1945, ch.
80, 59 Stat. 54.)
1945 -- Act Apr. 19, 1945, amended section generally and made it
applicable after June 30, 1945.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
The definitions in section 371 of this title apply to this section.
43 USC 377a. Limitation on use of funds where organizations or
individuals are in arrears on contract charges
TITLE 43 -- PUBLIC LANDS
No funds appropriated to the Bureau of Reclamation for operation and
maintenance, except those derived from advances by water users, shall be
used for the particular benefits of lands (a) within the boundaries of
an irrigation district, (b) of any member of a water users'
organization, or (c) of any individual when such district, organization,
or individual is in arrears for more than twelve months in the payment
of charges due under a contract entered into with the United States
pursuant to laws administered by the Bureau of Reclamation.
(Aug. 17, 1991, Pub. L. 102-104, title II, 105 Stat. 525.)
Section is from the appropriation act cited as the credit to this
section.
Similar provisions were contained in the following prior
appropriation acts:
Nov. 5, 1990, Pub. L. 101-514, title II, 104 Stat. 2086.
Sept. 29, 1989, Pub. L. 101-101, title II, 103 Stat. 655.
July 19, 1988, Pub. L. 100-371, title II, 102 Stat. 865.
Dec. 22, 1987, Pub. L. 100-202, 101(d) (title II), 101 Stat.
1329-104, 1329-117.
Oct. 18, 1986, Pub. L. 99-500, 101(e) (title II), 100 Stat.
1783-194, 1783-203, and Oct. 30, 1986, Pub. L. 99-591, 101(e) (title
II), 100 Stat. 3341-194, 3341-203.
Nov. 1, 1985, Pub. L. 99-141, title II, 99 Stat. 570.
July 16, 1984, Pub. L. 98-360, title II, 98 Stat. 410.
July 14, 1983, Pub. L. 98-50, title II, 97 Stat. 253.
Dec. 4, 1981, Pub. L. 97-88, title II, 95 Stat. 1140.
Oct. 1, 1980, Pub. L. 96-367, title III, 94 Stat. 1342.
Sept. 25, 1979, Pub. L. 96-69, title III, 93 Stat. 447.
Aug. 7, 1977, Pub. L. 95-96, title III, 91 Stat. 804.
July 12, 1976, Pub. L. 94-355, title III, 90 Stat. 896.
Dec. 26, 1975, Pub. L. 94-180, title III, 89 Stat. 1043.
Aug. 28, 1974, Pub. L. 93-393, title III, 88 Stat. 788.
Aug. 16, 1973, Pub. L. 93-97, title III, 87 Stat. 324.
Aug. 25, 1972, Pub. L. 92-405, title III, 86 Stat. 627.
Oct. 5, 1971, Pub. L. 92-134, title III, 85 Stat. 371.
Oct. 7, 1970, Pub. L. 91-349, title III, 84 Stat. 899.
Dec. 11, 1969, Pub. L. 91-144, title III, 83 Stat. 332.
Aug. 12, 1968, Pub. L. 90-479, title II, 82 Stat. 711.
Nov. 20, 1967, Pub. L. 90-147, title II, 81 Stat. 478.
Oct. 15, 1966, Pub. L. 89-689, title II, 80 Stat. 1009.
Oct. 28, 1965, Pub. L. 89-299, title II, 79 Stat. 1104.
Aug. 30, 1964, Pub. L. 88-511, title II, 78 Stat. 689.
Dec. 31, 1963, Pub. L. 88-257, title II, 77 Stat. 850.
Oct. 24, 1962, Pub. L. 87-880, title II, 76 Stat. 1222.
Sept. 30, 1961, Pub. L. 87-330, title II, 75 Stat. 727.
Sept. 2, 1960, Pub. L. 86-700, title II, 74 Stat. 748.
Sept. 10, 1959, Pub. L. 86-254, title II, 73 Stat. 497.
Sept. 2, 1958, Pub. L. 85-863, title II, 72 Stat. 1577.
Aug. 26, 1957, Pub. L. 85-167, title II, 71 Stat. 421.
July 2, 1956, ch. 490, title II, 70 Stat. 478.
July 15, 1955, ch. 370, title II, 69 Stat. 359.
July 1, 1954, ch. 446, title I, 68 Stat. 368.
July 31, 1953, ch. 298, title I, 67 Stat. 268.
July 9, 1952, ch. 597, title I, 66 Stat. 453.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 258.
Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 688.
43 USC 378. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act June 30, 1906, ch. 3912, 34 Stat. 663, authorized
Secretary of the Interior to contract for office accommodations for
Bureau of Reclamation in city of Washington. Construction of a building
to afford office space for the bureau was authorized by act Mar. 4,
1913, ch. 147, 9, 37 Stat. 880.
43 USC 379. Purchase of scientific books, law books, etc.
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior may authorize the purchase of such law
books, books of reference, periodicals, engineering and statistical
publications as are needed in carrying out the surveys and examinations
authorized by the reclamation law.
(May 27, 1908, ch. 200, 35 Stat. 350.)
The reclamation law, referred to in text, means act June 17, 1902,
ch. 1093, 32 Stat. 388, as amended, popularly known as the Reclamation
Act, which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 371 of this title and Tables.
43 USC 380. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1029
TITLE 43 -- PUBLIC LANDS
Section, act July 1, 1918, ch. 113, 40 Stat. 675, authorized
purchases and procurement of services without advertising and formal
contract. See sections 5 and 252 of Title 41, Public Contracts.
43 USC 380a, 380b. Omitted
TITLE 43 -- PUBLIC LANDS
Section 380a, acts Aug. 4, 1939, ch. 418, 13, 53 Stat. 1197; Oct.
10, 1940, ch. 851, 4, 54 Stat. 1111, authorized purchases by Bureau of
Reclamation without compliance with former section 16 of Title 41,
Public Contracts.
Section 380b, act July 9, 1952, ch. 597, title I, 66 Stat. 453,
which authorized transfer of surplus aircraft parts and equipment to
Bureau of Reclamation was from the Interior Department Appropriation
Act, 1953, and was not repeated in subsequent appropriation acts.
A prior section 380b, act Aug. 31, 1951, ch. 375, title I, 65 Stat.
257, contained provisions similar to section 380b.
43 USC 381. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
639
TITLE 43 -- PUBLIC LANDS
Section, acts June 17, 1902, ch. 1093, 5, 32 Stat. 389; Oct. 28,
1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
1145, provided for commissions of registers and receivers of land
offices.
43 USC 382. Repealed. Pub. L. 87-304, 9(a)(3), Sept. 26, 1961, 75
Stat. 664
TITLE 43 -- PUBLIC LANDS
Section, act May 27, 1908, ch. 200, 35 Stat. 350, related to
assignment of pay by employees of Bureau of Reclamation. See section
5525 of Title 5, Government Organization and Employees.
43 USC 383. Vested rights and State laws unaffected
TITLE 43 -- PUBLIC LANDS
Nothing in this Act shall be construed as affecting or intended to
affect or to in any way interfere with the laws of any State or
Territory relating to the control, appropriation, use, or distribution
of water used in irrigation, or any vested right acquired thereunder,
and the Secretary of the Interior, in carrying out the provisions of
this Act, shall proceed in conformity with such laws, and nothing herein
shall in any way affect any right of any State or of the Federal
Government or of any landowner, appropriator, or user of water in, to,
or from any interstate stream or the waters thereof.
(June 17, 1902, ch. 1093, 8, 32 Stat. 390.)
This Act, referred to in text, is act June 17, 1902, popularly known
as the Reclamation Act, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 371 of this title and Tables.
Section is comprised of section 8 (less proviso) of act June 17,
1902. The remainder of section 8 is classified to section 372 of this
title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
43 USC 384. Extension of time for payment of charges accrued prior to
March 2, 1924, and January 1, 1925
TITLE 43 -- PUBLIC LANDS
(a) The Secretary of the Interior is authorized and empowered, in his
discretion, to defer the dates of payments of any charges, rentals, and
penalties which have accrued prior to the 2d day of March, 1924, under
the Act of June 17, 1902 (32 Stat. 388), and amendatory and supplemental
acts or prior to that date, as against water users on any irrigation
project being constructed or operated and maintained under the direction
of the Commissioner of Indian Affairs, as may, in his judgment, be
necessary in or concerning any irrigation project existing on May 9,
1924, under said act: Provided, That no payment shall be deferred under
this section in any particular case beyond March 1, 1927: Provided,
That upon such adjustment being made, any penalties or interest which
may have accrued in connection with such unpaid construction and
operation and maintenance charges shall be canceled, and in lieu thereof
the amount so due, and the payment of which is hereby extended, shall
draw interest at the rate of 5 per centum per annum, paid annually from
the time said amount became due to date of payment: And provided
further, That in case the principal and interest herein provided for are
not paid in the manner and at the time provided by this section, any
penalty provided by the law in effect on May 9, 1924, shall thereupon
attach from the date of such default.
(b) Where an individual water user, or individual applicant for a
water right under a Federal irrigation project constructed or being
constructed under the Act of June 17, 1902 (32 Stat. 388), or any act
amendatory thereof or supplementary thereto, makes application prior to
January 1, 1925, alleging that he will be unable to make the payments as
required in subsection (a) of this section, the Secretary of the
Interior is authorized in his discretion prior to March 1, 1925, to add
such accrued and unpaid charges to the construction charge of the land
of such water user or applicant, and to distribute such accumulated
charges equally over each of the subsequent years, beginning with the
year 1925, or, in the discretion of the Secretary, distribute a total of
one-fourth over the first half of the remaining years of the 20-year
period beginning with the year 1925, and three-fourths over the second
half of such period, so as to complete the payment during the remaining
years of the 20-year period of payment of the original construction
charge: Provided, That upon such adjustment being made, any penalties
or interest which may have accrued in connection with such unpaid
construction and operation and maintenance charges shall be canceled,
and in lieu thereof the amount so due, and the payment of which is
extended, shall draw interest at the rate of 5 per centum per annum,
paid annually from the time said amount became due to the date of
payment: Provided further, That the applicant for the extension shall
first show to the satisfaction of the Secretary of the Interior detailed
statement of his assets and liabilities and probable inability to make
payment at the time required in subsection (a) of this section: And
provided further, That in case the principal and interest herein
provided for are not paid in the manner and at the time provided by this
section, any penalty provided by law, prior to May 9, 1924, shall
thereupon attach from the date of such default: And provided further,
That similar relief in whole or in part may be extended by the Secretary
of the Interior to a legally organized group of water users of a
project, upon presentation of a sufficient number of individual showings
made in accordance with the foregoing proviso to satisfy the Secretary
of the Interior that such extension is necessary.
(May 9, 1924, ch. 150, 1, 2, 43 Stat. 116.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 385. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
649
TITLE 43 -- PUBLIC LANDS
Section, act Aug. 9, 1937, ch. 570, 1, 50 Stat. 592, related to
contracts for medical attention and service for employees.
Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 647 to 649, also
repealed acts Jan. 12, 1927, ch. 27, 44 Stat. 957; Mar. 7, 1928, ch.
137, 45 Stat. 227; Mar. 4, 1929, ch. 705, 1, 45 Stat. 1589; May
14, 1930, ch. 273, 1, 46 Stat. 306; Feb. 14, 1931, ch. 187, 1, 46
Stat. 1142; Apr. 22, 1932, ch. 125, 1, 47 Stat. 114; Feb. 17, 1933,
ch. 98, 1, 47 Stat. 842; Mar. 2, 1934, ch. 38, 1, 48 Stat. 380;
May 9, 1935, ch. 101, 1, 49 Stat. 197, and June 22, 1936, ch. 691, 1,
49 Stat. 1781, which contained similar provisions.
43 USC 385a. Payments to school districts for education of dependents
of construction personnel; cooperative arrangements; chargeable to
project
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior, giving due consideration to the
temporary nature of the requirements therefor, is authorized to make
such provision as he deems to be necessary and in the public interest
for the education of dependents of persons employed on the actual
construction of projects or features of projects, by the Bureau of
Reclamation, in any cases in which he finds that by reason of such
construction activity, an undue burden is, or will be cast upon the
facilities of the public-school districts serving the areas in which
construction is being undertaken, and to pay for the same from any funds
available for the construction of said projects: Provided, That the
Secretary of the Interior shall enter into cooperative arrangements with
local school districts wherein such features are situated to contribute
toward covering the cost of furnishing the educational services required
for such dependents, or for the operation by those school districts of
Government facilities, or for the expansion of local school facilities.
Such cost incurred hereunder shall be charged to the project concerned
and shall be repayable in the same manner and to the same extent as are
its other costs of construction.
(June 29, 1948, ch. 733, 1, 62 Stat. 1108.)
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 385b. Repealed. Pub. L. 86-533, 1(18), June 29, 1960, 74 Stat.
248
TITLE 43 -- PUBLIC LANDS
Section, act June 29, 1948, ch. 733, 2, 62 Stat. 1108, related to
reports to Congress of all activities undertaken pursuant to provisions
of section 385a of this title.
43 USC 385c. Omitted
TITLE 43 -- PUBLIC LANDS
Section, which related to tuition charge per pupil, was from the
Interior Department Appropriation Act, 1949, act June 29, 1948, ch.
754, 62 Stat. 1125, and was not repeated in subsequent appropriation
acts.
43 USC 386. Application of excess-land provisions of reclamation laws
to certain lands
TITLE 43 -- PUBLIC LANDS
The excess-land provisions of the Federal reclamation laws shall not
be applicable to lands which on June 16, 1938, had an irrigation water
supply from sources other than a Federal reclamation project and which
will receive a supplemental supply from the Colorado-Big Thompson
project.
(June 16, 1938, ch. 485, 52 Stat. 764.)
The Federal reclamation laws, referred to in text, include the act of
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to this chapter. For complete classification of
act June 17, 1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.
43 USC 387. Removal of sand, gravel, etc.; leases, easements, etc.
TITLE 43 -- PUBLIC LANDS
The Secretary, in his discretion, may (a) permit the removal, from
lands or interests in lands withdrawn or acquired and being administered
under the Federal reclamation laws in connection with the construction
or operation and maintenance of any project, of sand, gravel, and other
minerals and building materials with or without competitive bidding:
Provided, That removals may be permitted without charge if for use by a
public agency in the construction of public roads or streets within any
project or in its immediate vicinity; and (b) grant leases and licenses
for periods not to exceed fifty years, and easements or rights-of-way
with or without limitation as to period of time affecting lands or
interest in lands withdrawn or acquired and being administered under the
Federal reclamation laws in connection with the construction or
operation and maintenance of any project: Provided, That, if a water
users' organization is under contract obligation for repayment on
account of the project or division involved, easements or rights-of-way
for periods in excess of twenty-five years shall be granted only upon
prior written approval of the governing board of such organization.
Such permits or grants shall be made only when, in the judgment of the
Secretary, their exercise will not be incompatible with the purposes for
which the lands or interests in lands are being administered, and shall
be on such terms and conditions as in his judgment will adequately
protect the interests of the United States and the project for which
said lands or interests in lands are being administered.
(Aug. 4, 1939, ch. 418, 10, 53 Stat. 1196; Aug. 18, 1950, ch. 752,
64 Stat. 463.)
The Federal reclamation laws, referred to in text, include the act of
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to this chapter. For complete classification of
act June 17, 1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.
1950 -- Act Aug. 18, 1950, permitted Secretary to grant permanent
easements or rights-of-way provided that no easement or right-of-way in
excess of 25 years be granted unless there has been prior written
approval by the governing board of that water users' organization as may
be under contract obligation for repayment on account of the project
involved.
sections 460q-5, 460dd-2, 460mm-4.
43 USC 388. Contracts for materials; liability of United States
TITLE 43 -- PUBLIC LANDS
When appropriations have been made for the commencement or
continuation of construction or operation and maintenance of any
project, the Secretary may, in connection with such construction or
operation and maintenance, enter into contracts for miscellaneous
services, for materials and supplies, as well as for construction, which
may cover such periods of time as the Secretary may consider necessary
but in which the liability of the United States shall be contingent upon
appropriations being made therefor.
(Aug. 4, 1939, ch. 418, 12, 53 Stat. 1197.)
43 USC 389. Relocation of highways, railroads, transmission lines,
etc., exchange of water, water rights or electric energy
TITLE 43 -- PUBLIC LANDS
The Secretary is authorized, in connection with the construction or
operation and maintenance of any project, (a) to purchase or condemn
suitable lands or interests in lands for relocation of highways,
roadways, railroads, telegraph, telephone, or electric transmission
lines, or any other properties whatsoever, the relocation of which in
the judgment of the Secretary is necessitated by said construction or
operation and maintenance, and to perform any or all work involved in
said relocations on said lands or interests in lands, other lands or
interests in lands owned and held by the United States in connection
with the construction or operation and maintenance of said project, or
properties not owned by the United States; (b) to enter into contracts
with the owners of said properties whereby they undertake to acquire any
or all property needed for said relocation, or to perform any or all
work involved in said relocations; and (c) for the purpose of effecting
completely said relocations, to convey or exchange Government properties
acquired or improved under (a) above, with or without improvements, or
other properties owned and held by the United States in connection with
the construction or operation and maintenance of said project, or to
grant perpetual easements therein or thereover. Grants or conveyances
hereunder shall be by instruments executed by the Secretary without
regard to provisions of law governing the patenting of public lands.
The Secretary is further authorized, for the purpose of orderly and
economical construction or operation and maintenance of any project, to
enter into such contracts for exchange or replacement of water, water
rights, or electric energy or for the adjustment of water rights, as in
his judgment are necessary and in the interests of the United States and
the project.
(Aug. 4, 1939, ch. 418, 14, 53 Stat. 1197.)
43 USC 390. Utilization of dams and reservoir projects for irrigation
purposes; additional construction; necessity of authorization;
apportionment of cost; limitation
TITLE 43 -- PUBLIC LANDS
On and after December 22, 1944, whenever the Secretary of the Army
determines, upon recommendation by the Secretary of the Interior that
any dam and reservoir project operated under the direction of the
Secretary of the Army may be utilized for irrigation purposes, the
Secretary of the Interior is authorized to construct, operate, and
maintain, under the provisions of the Federal reclamation laws (Act of
June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or
supplementary thereto), such additional works in connection therewith as
he may deem necessary for irrigation purposes. Such irrigation works
may be undertaken only after a report and findings thereon have been
made by the Secretary of the Interior as provided in said Federal
reclamation laws and after subsequent specific authorization of the
Congress by an authorization Act; and, within the limits of the water
users' repayment ability such report may be predicated on the allocation
to irrigation of an appropriate portion of the cost of structures and
facilities used for irrigation and other purposes. Dams and reservoirs
operated under the direction of the Secretary of the Army may be
utilized after December 22, 1944, for irrigation purposes only in
conformity with the provisions of this section, but the foregoing
requirement shall not prejudice lawful uses now existing: Provided,
That this section shall not apply to any dam or reservoir heretofore
constructed in whole or in part by the Army engineers, which provides
conservation storage of water for irrigation purposes. In the case of
any reservoir project constructed and operated by the Corps of
Engineers, the Secretary of the Army is authorized to allocate water
which was allocated in the project purpose for municipal and industrial
water supply and which is not under contract for delivery, for such
periods as he may deem reasonable, for the interim use for irrigation
purposes of such storage until such storage is required for municipal
and industrial water supply. No contracts for the interim use of such
storage shall be entered into which would significantly affect
then-existing uses of such storage.
(Dec. 22, 1944, ch. 665, 8, 58 Stat. 891; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Nov. 17, 1986, Pub. L. 99-662, title
IX, 931, 100 Stat. 4196.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
1986 -- Pub. L. 99-662 inserted at end ''In the case of any
reservoir project constructed and operated by the Corps of Engineers,
the Secretary of the Army is authorized to allocate water which was
allocated in the project purpose for municipal and industrial water
supply and which is not under contract for delivery, for such periods as
he may deem reasonable, for the interim use for irrigation purposes of
such storage until such storage is required for municipal and industrial
water supply. No contracts for the interim use of such storage shall be
entered into which would significantly affect then-existing uses of such
storage.''
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
For transfer of certain real property and functions relating to real
property, insofar as they pertain to Air Force, from Secretary of the
Army and Department of the Army to Secretary of the Air Force and
Department of the Air Force, see Secretary of Defense Transfer Order
Nos. 14, eff. July 1, 1948, and 40 (App. B(133)), July 22, 1949.
Authority of Secretary to extend benefits of variable payment plan to
organizations with which he contracts or has contracted for the
repayment of construction costs allocated to irrigation on any project
undertaken by the United States, including contracts for the storage of
water or for the use of stored water under this section, see section 2
of Pub. L. 85-611, Aug. 8, 1958, 72 Stat. 542, set out as a note
under section 485h of this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 390a. Conditions precedent for construction of dams, reservoir,
or water supply
TITLE 43 -- PUBLIC LANDS
No part of any appropriation shall be available for the initiation of
construction under the terms of reclamation law of any dam or reservoir
or water supply, or any tunnel, canal or conduit for water, or water
distribution system related to such dam or reservoir until the Secretary
shall certify to the Congress that an adequate soil survey and land
classification has been made and that the lands to be irrigated are
susceptible to the production of agricultural crops by means of
irrigation or that the successful irrigability of those lands and their
susceptibility to sustained production of agricultural crops by means of
irrigation has been demonstrated in practice. Such surveys shall
include an investigation of soil characteristics which might result in
toxic or hazardous irrigation return flows.
(July 31, 1953, ch. 298, title I, 67 Stat. 266; May 12, 1986, Pub.
L. 99-294, 10, 100 Stat. 426.)
Reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
1986 -- Pub. L. 99-294 inserted provision that soil survey include
an investigation of soil characteristics which might result in toxic or
hazardous irrigation return flow.
The text of this section was taken from the Interior Department
Appropriation Act, 1954. Similar provisions were contained in act July
9, 1952, ch. 597, title I, 66 Stat. 451.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
43 USC 390b. Development of water supplies for domestic, municipal,
industrial, and other purposes
TITLE 43 -- PUBLIC LANDS
(a) Declaration of policy
It is declared to be the policy of the Congress to recognize the
primary responsibilities of the States and local interests in developing
water supplies for domestic, municipal, industrial, and other purposes
and that the Federal Government should participate and cooperate with
States and local interests in developing such water supplies in
connection with the construction, maintenance, and operation of Federal
navigation, flood control, irrigation, or multiple purpose projects.
(b) Storage in reservoir projects; agreements for payment of cost of
construction or modification of projects
In carrying out the policy set forth in this section, it is provided
that storage may be included in any reservoir project surveyed, planned,
constructed or to be planned, surveyed and/or constructed by the Corps
of Engineers or the Bureau of Reclamation to impound water for present
or anticipated future demand or need for municipal or industrial water,
and the reasonable value thereof may be taken into account in estimating
the economic value of the entire project: Provided, That the cost of
any construction or modification authorized under the provisions of this
section shall be determined on the basis that all authorized purposes
served by the project shall share equitably in the benefits of multiple
purpose construction, as determined by the Secretary of the Army or the
Secretary of the Interior, as the case may be: Provided further, That
before construction or modification of any project including water
supply provisions for present demand is initiated, State or local
interests shall agree to pay for the cost of such provisions in
accordance with the provisions of this section: And provided further,
That (1) for Corps of Engineers projects, not to exceed 30 percent of
the total estimated cost of any project may be allocated to anticipated
future demands, and, (2) for Bureau of Reclamation projects, not to
exceed 30 per centum of the total estimated cost of any project may be
allocated to anticipated future demands where State or local interests
give reasonable assurances, and there is reasonable evidence, that such
demands for the use of such storage will be made within a period of time
which will permit paying out the costs allocated to water supply within
the life of the project: And provided further, That for Corps of
Engineers projects, the Secretary of the Army may permit the full
non-Federal contribution to be made, without interest, during
construction of the project, or, with interest, over a period of not
more than thirty years from the date of completion, with repayment
contracts providing for recalculation of the interest rate at, five-year
intervals, and for Bureau of Reclamation projects, the entire amount of
the construction costs, including interest during construction,
allocated to water supply shall be repaid within the life of the project
but in no event to exceed fifty years after the project is first used
for the storage of water for water supply purposes, except that (1) no
payment need be made with respect to storage for future water supply
until such supply is first used, and (2) no interest shall be charged on
such cost until such supply is first used, but in no case shall the
interest-free period exceed ten years. For Corps of Engineers projects,
all annual operation, maintenance, and replacement costs for municipal
and industrial water supply storage under the provisions of this section
shall be reimbursed from State or local interests on an annual basis.
For Corps of Engineers projects, any repayment by a State or local
interest shall be made with interest at a rate to be determined by the
Secretary of the Treasury, taking into consideration the average market
yields on outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the reimbursement period,
during the month preceding the fiscal year in which costs for the
construction of the project are first incurred (or, when a recalculation
is made), plus a premium of one-eighth of one percentage point for
transaction costs. For Bureau of Reclamation projects, the interest
rate used for purposes of computing interest during construction and
interest on the unpaid balance shall be determined by the Secretary of
the Treasury, as of the beginning of the fiscal year in which
construction is initiated, on the basis of the computed average interest
rate payable by the Treasury upon its outstanding marketable public
obligations, which are neither due nor callable for redemption for
fifteen years from date of issue. The provisions of this subsection
insofar as they relate to the Bureau of Reclamation and the Secretary of
the Interior shall be alternative to and not a substitute for the
provisions of the Reclamation Projects Act of 1939 (53 Stat. 1187) (43
U.S.C. 485 et seq.) relating to the same subject.
(c) Application to other laws
The provisions of this section shall not be construed to modify the
provisions of section 701-1 of title 33 and section 390 of this title,
as amended and extended, or the provisions of sections 372 and 383 of
this title.
(d) Approval of Congress of modifications of reservoir projects
Modifications of a reservoir project heretofore authorized, surveyed,
planned, or constructed to include storage as provided in subsection (b)
of this section which would seriously affect the purposes for which the
project was authorized, surveyed, planned, or constructed, or which
would involve major structural or operational changes shall be made only
upon the approval of Congress as now provided by law.
(Pub. L. 85-500, title III, 301, July 3, 1958, 72 Stat. 319; Pub.
L. 87-88, 10, July 20, 1961, 75 Stat. 210; Pub. L. 99-662, title IX,
932(a), Nov. 17, 1986, 100 Stat. 4196.)
The Reclamation Projects Act of 1939, referred to in subsec. (b), is
act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is
classified principally to subchapter X ( 485 et seq.) of this chapter.
For complete classification of this Act to the Code, see section 485k of
this title and Tables.
1986 -- Subsec. (b). Pub. L. 99-662 inserted in third proviso ''(1)
for Corps of Engineers projects, not to exceed 30 percent of the total
estimated cost of any project may be allocated to anticipated future
demands, and, (2) for Bureau of Reclamation projects,'', inserted in
fourth proviso ''for Corps of Engineers projects, the Secretary of the
Army may permit the full non-Federal contribution to be made, without
interest, during construction of the project, or, with interest, over a
period of not more than thirty years from the date of completion, with
repayment contracts providing for recalculation of the interest rate at,
five-year intervals, and for Bureau of Reclamation projects,'', inserted
after first sentence ''For Corps of Engineers projects, all annual
operation, maintenance, and replacement costs for municipal and
industrial water supply storage under the provisions of this section
shall be reimbursed from State or local interests on an annual basis.
For Corps of Engineers projects, any repayment by a State or local
interest shall be made with interest at a rate to be determined by the
Secretary of the Treasury, taking into consideration the average market
yields on outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the reimbursement period,
during the month preceding the fiscal year in which costs for the
construction of the project are first incurred (or, when a recalculation
is made), plus a premium of one-eighth of one percentage point for
transaction costs.'', and substituted ''For Bureau of Reclamation
projects, the interest rate used'' for ''The interest rate used''.
1961 -- Subsec. (b). Pub. L. 87-88 substituted provisions permitting
not more than 30 per centum of the total estimated cost of any project
to be allocated to anticipated future demands where State or local
interests give reasonable assurances, and there is reasonable evidence,
that such demands for the use of such storage will be made within a
period of time which will permit paying out the costs allocated to water
supply within the life of the project for provisions which permitted not
more than 30 per centum of the total estimated cost of any project to be
allocated to anticipated future demands where States or local interests
give reasonable assurance that they will contract for the use of storage
for anticipated future demands within a period of time which will permit
paying out the costs allocated to water supply within the life of the
project.
Section 11 of Pub. L. 87-88 provided that: ''This Act (amending
this section, and sections 1151, 1153 to 1155, 1157 to 1160, 1171 to
1173 of Title 33, Navigation and Navigable Waters, and enacting
provisions set out as notes under sections 1151, 1157, and 1159 of Title
33) may be cited as the 'Federal Water Pollution Control Act Amendments
of 1961'.''
Section 302 of Pub. L. 85-500 provided that: ''Title III of this
Act (enacting this section) may be cited as the 'Water Supply Act of
1958'.''
Section 932(b) of Pub. L. 99-662 provided that: ''Nothing in this
section (amending this section) shall be deemed to amend or require
amendment of any valid contract entered into pursuant to the Water
Supply Act of 1958 (this section), or Federal reclamation law (see 43
U.S.C. 371 and notes) and approved by the Secretary of the Army or the
Secretary of the Interior prior to the date of enactment of this Act
(Nov. 17, 1986).''
43 USC 390c. Water reservoirs; interests of States and local agencies
in storage space
TITLE 43 -- PUBLIC LANDS
Cognizant that many States and local interests have in the past
contributed to the Government, or have contracted to pay to the
Government over a specified period of years, money equivalent to the
cost of providing for them water storage space at Government-owned dams
and reservoirs, constructed by the Corps of Engineers of the United
States Army, and that such practices will continue, and, that no law
defines the duration of their interest in such storage space, and
realizing that such States and local interests assume the obligation of
paying substantially their portion of the cost of providing such
facilities, their right to use may be continued during the existence of
the facility as hereinafter provided.
(Pub. L. 88-140, 1, Oct. 16, 1963, 77 Stat. 249.)
43 USC 390d. Dams and reservoirs wherein costs thereof, or rights
thereto, have been acquired by local interests
TITLE 43 -- PUBLIC LANDS
Sections 390c to 390f of this title are applicable to all dams and
reservoirs heretofore or hereafter constructed by the United States
Government (acting through the Corps of Engineers of the United States
Army) wherein either a part of the construction cost thereof shall have
been contributed or may be contributed by States or local interests
(hereinafter called ''local interests'') or local interests have
acquired or may acquire rights to utilize certain storage space thereof
by making payments during the period of such use as specified in the
agreement with the Government and wherein the amount of money paid,
exclusive of interest, is equivalent to the cost of providing that part
of such dam and reservoir which is allocated to such use, whether such
share of cost shall have been determined by the ''incremental cost''
method or by the ''separable costs-remaining benefits'' method or by any
other method. Included among the dams and reservoirs affected by
sections 390c to 390f of this title are those constructed by the Corps
of Engineers of the Department of the Army, but nothing in sections 390c
to 390f of this title shall be construed to affect or modify section 390
of this title.
(Pub. L. 88-140, 2, Oct. 16, 1963, 77 Stat. 249.)
43 USC 390e. Rights, acquisition and availability of; obligation for
operation and maintenance; costs for reconstruction, rehabilitation, or
replacement; use during Government operation or by contract
TITLE 43 -- PUBLIC LANDS
The right thus acquired by any such local interest is declared to be
available to the local interest so long as the space designated for that
purpose may be physically available, taking into account such equitable
reallocation of reservoir storage capacities among the purposes served
by the project as may be necessary due to sedimentation, and not limited
to the term of years which may be prescribed in any lease agreement or
other agreement with the Government, but the enjoyment of such right
will remain subject to performance of its obligations prescribed in such
lease agreement or agreement executed in reference thereto. Such
obligations will include continued payment of annual operation and
maintenance costs allocated to water supply. In addition, local
interests shall bear the costs allocated to the water supply of any
necessary reconstruction, rehabilitation, or replacement of project
features which may be required to continue satisfactory operation of the
project. Any affected local interest may utilize such facility so long
as it is operated by the Government. In the event that the Government
concludes that it can no longer usefully and economically maintain and
operate such facility, the responsible department or agency of the
Government is authorized to negotiate a contract with the affected local
interest under which the local interest may continue to operate such
part of the facility as is necessary for utilization of the storage
space allocated to it, under terms which will protect the public
interest and provided that the Government is effectively absolved from
all liability in connection with such operation.
(Pub. L. 88-140, 3, Oct. 16, 1963, 77 Stat. 249.)
43 USC 390f. Revision of leases or agreements to evidence conversion of
rights to use of storage rights
TITLE 43 -- PUBLIC LANDS
Upon application of any affected local interest its existing lease or
agreement with the Government will be revised to evidence the conversion
of its rights to the use of the storage as prescribed in sections 390c
to 390f of this title.
(Pub. L. 88-140, 4, Oct. 16, 1963, 77 Stat. 250.)
43 USC 390g. Groundwater recharge of aquifers; demonstration program
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior (hereinafter referred to as the
''Secretary''), acting through the Bureau of Reclamation (hereinafter
referred to as the ''Bureau''), shall, in two phases, conduct an
investigation of and establish demonstration projects for groundwater
recharge of aquifers in the States of Colorado, Kansas, Nebraska, New
Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be
hereinafter referred to as the ''High Plains States'') and in the other
States referred to in section 391 of this title (hereinafter referred to
as ''other Reclamation Act States''), as provided by sections 390g to
390g-8 of this title: Provided, That funds made available pursuant to
sections 390g to 390g-8 of this title shall not be used for the study or
construction of groundwater recharge demonstration projects in the High
Plains States and other Reclamation Act States which would utilize water
originating in the drainage basin of the Great Lakes. The Bureau shall
consult with the United States Geological Survey and other appropriate
agencies and departments of the United States and of the High Plains
States and other Reclamation Act States in order to carry out sections
390g to 390g-8 of this title.
(Pub. L. 98-434, 2, Sept. 28, 1984, 98 Stat. 1675.)
Section 1 of Pub. L. 98-434 provided: ''That this Act (enacting
sections 390g to 390g-8 of this title) may be cited as the 'High Plains
States Groundwater Demonstration Program Act of 1983'.''
43 USC 390g-1. Phase I of groundwater recharge demonstration program
TITLE 43 -- PUBLIC LANDS
(a) Development of detailed plan of demonstration projects;
requisite features of plan
During phase I, the Bureau, in consultation with the High Plains
States and other Reclamation Act States and other appropriate
departments and agencies of the United States, including the United
States Geological Survey, shall develop a detailed plan of demonstration
projects the purpose of which is to determine whether various recharge
technologies may be applied to diverse geologic and hydrologic
conditions represented in the High Plains States and other Reclamation
Act States. In the preparation and development of such plan, the Bureau
shall make maximum use of data, planning studies and other technical
resources and assistance available from State and local entities:
Provided, That contributions of such technical resources and assistance
may be counted as part of the inkind services or other State
contribution, but shall otherwise be provided without compensation to
the State or local entity. This plan shall contain the selection of not
less than a total of twelve demonstration project sites in High Plains
States and not less than a total of nine demonstration project sites in
other Reclamation Act States. Demonstration project sites shall be
confined to areas having a declining water table, an available surface
water supply, and a high probability of physical, chemical, and economic
feasibility for recharge of the groundwater reservoir. The plan shall
provide for demonstration of the application of recharge technology and
the selection of water sources, determination of necessary physical
works and the operation of water replacement systems, formulation of a
monitoring program, identification of any economic, legal,
intergovernmental, and environmental issues and projection of planning
problems associated with such systems, and recommendation of legislative
and administrative actions as may be necessary to carry out phase II.
(b) Recommendation of demonstration projects
During phase I the Bureau is authorized and directed to recommend
demonstration projects to be designed, constructed, and operated during
phase II.
(c) Preliminary selection of projects
Within six months, after the enactment of an appropriation Act to
carry out phase I, the Secretary shall make a preliminary selection of
projects to receive further planning and development and shall initiate
such further planning and development for those selected projects.
(d) Report to Congress
Within twenty-four months after the date of enactment of an
appropriation Act to carry out phase I, the Secretary shall transmit a
report to Congress containing the recommendations made pursuant to
subsection (b) of this section and a detailed statement of his findings
and conclusions.
(Pub. L. 98-434, 3, Sept. 28, 1984, 98 Stat. 1675.)
43 USC 390g-2. Phase II of groundwater recharge demonstration program
TITLE 43 -- PUBLIC LANDS
(a) Design, construction, and operation of projects
During phase II, and subject to State water laws and interstate water
compacts, the Bureau is authorized and directed to design, construct,
and operate demonstration projects in the High Plains States and other
Reclamation Act States to recharge groundwater systems as recommended in
the report referred to in subsection (c) of this section.
(b) Alternative means of cost allocation; economic feasibility of
projects
During phase II the Secretary, acting through the Bureau, shall
contract with the various High Plains States and other Reclamation Act
States to conduct a study to identify and evaluate alternative means by
which the costs of groundwater recharge projects could be allocated
among the beneficiaries of the projects within the respective States and
identify and evaluate the economic feasibility of and the legal
authority for utilizing groundwater recharge in water resource
development projects.
(c) Reports to Congress
(1) Within twelve months after the initiation of phase II, and at
annual intervals thereafter, the Secretary shall submit interim reports
to Congress. Each report shall contain a detailed statement of his
findings and progress respecting the design, construction, and operation
of the demonstration projects referred to in subsection (a) of this
section and the study referred to in subsection (b) of this section.
(2) Within five years after the initiation of phase II, the Secretary
shall submit a final report to Congress. The final report shall contain
--
(A) a detailed evaluation of the demonstration projects referred to
in subsection (a) of this section;
(B) the results of the studies referred to in subsection (b) of this
section;
(C) specific recommendations regarding the location, scope, and
feasibility of operational groundwater recharge projects to be
constructed and maintained by the Bureau; and
(D) an evaluation of the feasibility of integrating these groundwater
recharge projects into existing reclamation projects.
(Pub. L. 98-434, 4, Sept. 28, 1984, 98 Stat. 1676.)
43 USC 390g-3. Evaluation of water quality impacts
TITLE 43 -- PUBLIC LANDS
The Secretary, acting through the Bureau, and the Administrator of
the Environmental Protection Agency (hereinafter referred to as the
''Administrator'') shall enter into a memorandum-of-understanding to
provide for an evaluation of the impacts to surface water and
groundwater quality resulting from the groundwater recharge
demonstration projects constructed pursuant to sections 390g to 390g-8
of this title. The Administrator shall consult with the United States
Geological Survey and shall make maximum use of data, studies, and other
technical resources and assistance available from State and local
entities in conducting the evaluation. The evaluation of water quality
impacts shall be completed so as to be included in the Secretary's final
report to the Congress referred to in section 390g-2(c)(2) of this
title.
(Pub. L. 98-434, 5, Sept. 28, 1984, 98 Stat. 1676.)
43 USC 390g-4. Authorization of appropriations to carry out phase I
TITLE 43 -- PUBLIC LANDS
There is authorized to be appropriated $500,000 for fiscal years
beginning after September 30, 1983, to carry out phase I. Amounts shall
be made available pursuant to the authorization contained in this
section in a single sum for all demonstration project sites, and it
shall be within the discretion of the Secretary to apportion such sum
among such sites.
(Pub. L. 98-434, 6, Sept. 28, 1984, 98 Stat. 1677.)
43 USC 390g-5. Authorization of appropriations to carry out phase II
TITLE 43 -- PUBLIC LANDS
There is authorized to be appropriated for fiscal years beginning
after September 30, 1983, $20,000,000 (October 1983 price levels) to
carry out phase II. Amounts shall be made available pursuant to the
authorization contained in this section in sums for individual projects
based on findings of feasibility by the Secretary.
(Pub. L. 98-434, 7, Sept. 28, 1984, 98 Stat. 1677.)
43 USC 390g-6. Matching basis for funding phase II from non-Federal
sources
TITLE 43 -- PUBLIC LANDS
The funds authorized to be appropriated pursuant to section 390g-5 of
this title shall match on a four-to-one basis funds made available by
the States, their political subdivisions, or other non-Federal entities
to meet the cost of phase II: Provided, That, inkind services or other
contributions by the States, their political subdivisions, or other
non-Federal entities shall be considered in the determination of the
matching non-Federal share. The Secretary is authorized to enter into
memoranda of agreement with any appropriate agencies or departments of
the High Plains States and other Reclamation Act States to share the
costs of phase II.
(Pub. L. 98-434, 8, Sept. 28, 1984, 98 Stat. 1677.)
43 USC 390g-7. New spending authority
TITLE 43 -- PUBLIC LANDS
Any new spending authority described in subsection (c)(2)(A) or (B)
of section 651 of title 2 which is provided under sections 390g to
390g-8 of this title (or under any amendment made by sections 390g to
390g-8 of this title) shall be effective for any fiscal year only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
(Pub. L. 98-434, 9, Sept. 28, 1984, 98 Stat. 1677.)
43 USC 390g-8. Interstate transfer of water from Arkansas
TITLE 43 -- PUBLIC LANDS
No funds authorized to be appropriated by sections 390g to 390g-8 of
this title shall be used for any activities associated with:
(1) the interstate transfer of water from the State of Arkansas; or
(2) the study or demonstration of the potential for the interstate
transfer of water from the State of Arkansas.
(Pub. L. 98-434, 10, Sept. 28, 1984, 98 Stat. 1677.)
43 USC SUBCHAPTER I-A -- RECLAMATION REFORM
TITLE 43 -- PUBLIC LANDS
43 USC 390aa. Congressional declaration of purpose; short title
TITLE 43 -- PUBLIC LANDS
This subchapter shall amend and supplement the Act of June 17, 1902,
and Acts supplementary thereto and amendatory thereof (43 U.S.C. 371)
(43 U.S.C. 371 et seq.), hereinafter referred to as ''Federal
reclamation law''. This subchapter may be referred to as the
''Reclamation Reform Act of 1982''.
(Pub. L. 97-293, title II, 201, Oct. 12, 1982, 96 Stat. 1263.)
This subchapter, referred to in text, was in the original ''this
title'', meaning title II ( 201-230) of Pub. L. 97-293, Oct. 12, 1982,
96 Stat. 1263, known as the Reclamation Reform Act of 1982, which
enacted this subchapter, amended sections 373a, 422e, 425b, and 485h of
this title, and repealed section 383 of Title 25, Indians. For complete
classification of title II to the Code, see Tables.
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch.
1093, 32 Stat. 388, as amended, popularly known as the Reclamation Act,
which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 371 of this title and Tables.
43 USC 390bb. Definitions
TITLE 43 -- PUBLIC LANDS
As used in this subchapter:
(1) The term ''contract'' means any repayment or water service
contract between the United States and a district providing for the
payment of construction charges to the United States including normal
operation, maintenance, and replacement costs pursuant to Federal
reclamation law.
(2) The term ''district'' means any individual or any legal entity
established under State law which has entered into a contract or is
eligible to contract with the Secretary for irrigation water.
(3)(A) The term ''full cost'' means an annual rate as determined by
the Secretary that shall amortize the expenditures for construction
properly allocable to irrigation facilities in service, including all
operation and maintenance deficits funded, less payments, over such
periods as may be required under Federal reclamation law or applicable
contract provisions, with interest on both accruing from October 12,
1982, on costs outstanding at that date, or from the date incurred in
the case of costs arising subsequent to October 12, 1982: Provided,
That operation, maintenance, and replacement charges required under
Federal reclamation law, including this subchapter, shall be collected
in addition to the full cost charge.
(B) The interest rate used for expenditures made on or before October
12, 1982, shall be determined by the Secretary of the Treasury on the
basis of the weighted average yield of all interest bearing, marketable
issues sold by the Treasury during the fiscal year in which the
expenditures by the United States were made, but shall not be less than
7 1/2 per centum per annum.
(C) The interest rate used for expenditures made after October 12,
1982, shall be determined by the Secretary of the Treasury on the basis
of the arithmetic average of --
(i) the rate as of the beginning of the fiscal year in which
expenditures are made on the basis of the computed average interest rate
payable by the Treasury upon its outstanding marketable public
obligations which are neither due nor callable for redemption for
fifteen years from the date of issuance; and
(ii) the weighted average yield on all interest-bearing, marketable
issues sold by the Treasury during the fiscal year preceding the fiscal
year in which the expenditures are made.
(4) The term ''individual'' means any natural person, including his
or her spouse, and including other dependents thereof within the meaning
of the Internal Revenue Code of 1986 (26 U.S.C. 152).
(5) The term ''irrigation water'' means water made available for
agricultural purposes from the operation of reclamation project
facilities pursuant to a contract with the Secretary.
(6) The term ''landholding'' means total irrigable acreage of one or
more tracts of land situated in one or more districts owned or operated
under a lease which is served with irrigation water pursuant to a
contract with the Secretary. In determining the extent of a landholding
the Secretary shall add to any landholding held directly by a qualified
or limited recipient that portion of any landholding held indirectly by
such qualified or limited recipient which benefits that qualified or
limited recipient in proportion to that landholding.
(7) The term ''limited recipient'' means any legal entity established
under State or Federal law benefiting more than twenty-five natural
persons.
(8) The term ''project'' means any reclamation or irrigation project,
including incidental features thereof, authorized by Federal reclamation
law, or constructed by the United States pursuant to such law, or in
connection with which there is a repayment or water service contract
executed by the United States pursuant to such law, or any project
constructed by the Secretary through the Bureau of Reclamation for the
reclamation of lands.
(9) The term ''qualified recipient'' means an individual who is a
citizen of the United States or a resident alien thereof or any legal
entity established under State or Federal law which benefits twenty-five
natural persons or less.
(10) The term ''recordable contract'' means a contract between the
Secretary and a landowner in writing capable of being recorded under
State law providing for the sale or disposition of lands held in excess
of the ownership limitations of Federal reclamation law including this
subchapter.
(11) The term ''Secretary'' means the Secretary of the Interior.
(Pub. L. 97-293, title II, 202, Oct. 12, 1982, 96 Stat. 1263; Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
Federal reclamation law, referred to in pars. (1), (3)(A), (8), and
(10), is defined in section 390aa of this title.
1986 -- Par. (4). Pub. L. 99-514 substituted ''Internal Revenue Code
of 1986'' for ''Internal Revenue Code of 1954''.
43 USC 390cc. New or amended contracts
TITLE 43 -- PUBLIC LANDS
(a) Generally
The provisions of this subchapter shall be applicable to any district
which --
(1) enters into a contract with the Secretary subsequent to October
12, 1982;
(2) enters into any amendment of its contract with the Secretary
subsequent to October 12, 1982, which enables the district to receive
supplemental or additional benefits; or
(3) which amends its contract for the purpose of conforming to the
provisions of this subchapter.
(b) Amendment of existing contracts
Any district which has an existing contract with the Secretary as of
October 12, 1982, which does not enter into an amendment of such
contract as specified in subsection (a) of this section shall be subject
to Federal reclamation law in effect immediately prior to October 12,
1982, as that law is amended or supplemented by sections 209 through 230
of this title (43 U.S.C. 390ii -- 390zz-1, 373a, 422e, 425b, 485h).
Within a district that does not enter into an amendment of its contract
with the Secretary within four and one-half years of October 12, 1982,
irrigation water may be delivered to lands leased in excess of a
landholding of one hundred and sixty acres only if full cost, as defined
in section 390bb(3)(A) of this title, is paid for such water as is
assignable to those lands leased in excess of such landholding of one
hundred and sixty acres: Provided, That the interest rate used in
computing full cost under this subsection shall be the same as provided
in section 390ee(a)(3) of this title.
(c) Election by qualified or limited recipients in absence of
amendment to contract
In the absence of an amendment to a contract, as specified in
subsection (a) of this section, a qualified recipient or limited
recipient may elect to be subject to the provisions of this subchapter
by executing an irrevocable election in a form approved by the Secretary
to comply with this subchapter. The district shall thereupon deliver
irrigation water to and collect from such recipient, for the credit of
the United States, the additional charges required by this subchapter
and assignable to the recipient making the election.
(d) Consent of non-Federal party
Amendments to contracts which are not required by the provisions of
this subchapter shall not be made without the consent of the non-Federal
party.
(Pub. L. 97-293, title II, 203, Oct. 12, 1982, 96 Stat. 1264.)
Federal reclamation law, referred to in subsec. (b), is defined in
section 390aa of this title.
Sections 209 through 230 of this title, referred to in subsec. (b),
are sections 209 through 230 of title II of Pub. L. 97-293, which
enacted sections 390ii through 390zz-1 of this title, amended sections
373a, 422e, 425b, and 485h of this title, and repealed section 383 of
Title 25, Indians.
43 USC 390dd. Limitation on ownership
TITLE 43 -- PUBLIC LANDS
Except as provided in section 390ii of this title, irrigation water
may not be delivered to --
(1) a qualified recipient for use in the irrigation of lands owned by
such qualified recipient in excess of nine hundred and sixty acres of
class I lands or the equivalent thereof; or
(2) a limited recipient for the use in the irrigation of lands owned
by such limited recipient in excess of six hundred and forty acres of
class I lands or the equivalent thereof;
whether situated in one or more districts.
(Pub. L. 97-293, title II, 204, Oct. 12, 1982, 96 Stat. 1265.)
43 USC 390ee. Pricing
TITLE 43 -- PUBLIC LANDS
(a) Delivery of irrigation water at full cost
Notwithstanding any other provision of law, any contract with a
district entered into by the Secretary as specified in section 390cc of
this title, shall provide for the delivery of irrigation water at full
cost as defined in section 390bb(3) of this title to:
(1) a landholding in excess of nine hundred and sixty acres of class
I lands or the equivalent thereof for a qualified recipient, /1/
(2) a landholding in excess of three hundred and twenty acres of
class I land or the equivalent thereof for a limited recipient receiving
irrigation water on or before October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving
irrigation water on or before October 1, 1981: Provided, That the
interest rate used in computing full cost under this paragraph shall be
determined by the Secretary of the Treasury on the basis of the
arithmetic average of --
(A) the computed average interest rate payable by the Treasury upon
its outstanding marketable public obligations which are neither due nor
callable for redemption for fifteen years from the date of issuance;
and
(B) the weighted average of market yields on all interest-bearing,
marketable issues sold by the Treasury
during the fiscal year preceding the fiscal year in which the
expenditures are made, or October 12, 1982, for expenditures made before
October 12, 1982.
(b) Delivery of irrigation water at prior terms and conditions
Any contract with a district entered into by the Secretary as
specified in section 390cc of this title, shall provide for the delivery
of irrigation water to lands not in excess of the landholdings described
in subsection (a) of this section upon terms and conditions related to
pricing established by the Secretary pursuant to Federal reclamation law
in effect immediately prior to October 12, 1982, or, in the case of an
amended contract, upon the terms and conditions established by such
contract prior to the date of its amendment. However, the portion of
any price established under this subsection which relates to operation
and maintenance charges shall be established pursuant to section 390hh
of this title.
(c) Delivery of irrigation water to lands under recordable contracts
Notwithstanding any extension of time of any recordable contract as
provided in section 390ii(e) of this title, lands under recordable
contract shall be eligible to receive irrigation water at less than full
cost for a period not to exceed ten years from the date such recordable
contract was executed by the Secretary in the case of contracts existing
prior to October 12, 1982, or five years from the date such recordable
contract was executed by the Secretary in the case of contracts entered
into subsequent to October 12, 1982, or the time specified in section
390rr of this title for lands described in that section: Provided, That
in no case shall the right to receive water at less than full cost under
this subsection terminate sooner than eighteen months after the date on
which the Secretary again commences the processing or the approval of
the disposition of such lands.
(Pub. L. 97-293, title II, 205, Oct. 12, 1982, 96 Stat. 1265.)
Federal reclamation law, referred to in subsec. (b), is defined in
section 390aa of this title.
/1/ So in original. The comma probably should be a semicolon.
43 USC 390ff. Certification of compliance
TITLE 43 -- PUBLIC LANDS
As a condition to the receipt of irrigation water for lands in a
district which has a contract as specified in section 390cc of this
title, each landowner and lessee within such district shall furnish the
district, in a form prescribed by the Secretary, a certificate that they
are in compliance with the provisions of this subchapter including a
statement of the number of acres leased, the term of any lease, and a
certification that the rent paid reflects the reasonable value of the
irrigation water to the productivity of the land. The Secretary may
require any lessee to submit to him, for his examination, a complete
copy of any such lease executed by each of the parties thereto.
(Pub. L. 97-293, title II, 206, Oct. 12, 1982, 96 Stat. 1266.)
43 USC 390gg. Equivalency
TITLE 43 -- PUBLIC LANDS
Upon the request of any district, the ownership and pricing
limitations imposed by this subchapter shall apply to the irrigable
lands classified within such district by the Secretary as having class I
productive potential or the equivalent thereof in larger acreage of less
productive potential, as determined by the Secretary, taking into
account all factors which significantly affect productivity, including
but not limited to topography, soil characteristics, length of growing
season, elevation, adequacy of water supply, and crop adaptability.
(Pub. L. 97-293, title II, 207, Oct. 12, 1982, 96 Stat. 1266.)
43 USC 390hh. Operation and maintenance charges
TITLE 43 -- PUBLIC LANDS
(a) Price adequate to recover charges
The price of irrigation water delivered by the Secretary pursuant to
a contract or an amendment to a contract with a district, as specified
in section 390cc of this title, shall be at least sufficient to recover
all operation and maintenance charges which the district is obligated to
pay to the United States.
(b) Modification of price
Whenever a district enters into a contract or requests that its
contract be amended as specified in section 390cc of this title, and
each year thereafter, the Secretary shall calculate such operation and
maintenance charges and shall modify the price of irrigation water
delivered under the contract as necessary to reflect any changes in such
costs by amending the district's contract accordingly.
(c) Districts not operating from Federal funds
This section shall not apply to districts which operate and maintain
project facilities and finance the operation and maintenance thereof
from non-Federal funds.
(Pub. L. 97-293, title II, 208, Oct. 12, 1982, 96 Stat. 1267.)
43 USC 390ii. Disposition of excess lands
TITLE 43 -- PUBLIC LANDS
(a) Disposal of lands in excess of ownership limitations within
reasonable time
Irrigation water made available in the operation of reclamation
project facilities may not be delivered for use in the irrigation of
lands held in excess of the ownership limitations imposed by Federal
reclamation law, including this subchapter, unless and until the owners
thereof shall have executed a recordable contract with the Secretary, in
accordance with the terms and conditions required by Federal reclamation
law, requiring the disposal of their interest in such excess lands
within a reasonable time to be established by the Secretary. In the
case of recordable contracts entered into prior to October 12, 1982,
such reasonable time shall not exceed ten years after the recordable
contract is executed by the Secretary. In the case of recordable
contracts entered into after October 12, 1982, except as provided in
section 390rr of this title, such reasonable time shall not exceed five
years after the recordable contract is executed by the Secretary.
(b) Continued delivery of irrigation water to lands held in excess of
ownership limitations
Lands held in excess of the ownership limitations imposed by Federal
reclamation law, including this subchapter, which, on October 12, 1982,
are, or are capable of, receiving delivery of irrigation water made
available by the operation of existing reclamation project facilities
may receive such deliveries only --
(1) if the disposal of the owner's interest in such lands is required
by an existing recordable contract with the Secretary, or
(2) if the owners of such lands have requested that a recordable
contract be executed by the Secretary.
(c) Amendment of existing recordable contracts
Recordable contracts existing on October 12, 1982, shall be amended
at the request of the landowner to conform with the ownership
limitations contained in this subchapter: Provided, That the time
period for disposal of excess lands specified in the existing recordable
contract shall not be extended except as provided in subsection (e) of
this section.
(d) Power of attorney requirement in contracts; exercise of power by
Secretary
Any recordable contract covering excess lands sales shall provide
that a power of attorney shall vest in the Secretary to sell any excess
lands not disposed of by the owners thereof within the period of time
specified in the recordable contract. In the exercise of that power,
the Secretary shall sell such lands through an impartial selection
process only to qualified purchasers according to such reasonable rules
and regulations as the Secretary may establish: Provided, That the
Secretary shall recover for the owner the fair market value of the land
unrelated to irrigation water deliveries plus the fair market value of
improvements thereon.
(e) Extension of time for disposal of excess lands
In the event that the owner of any lands in excess of the ownership
limitations of Federal reclamation law has heretofore entered into a
recordable contract with the Secretary for the disposition of such
excess lands and has been prevented from disposing of them because the
Secretary may have withheld the processing or approval of the
disposition of the lands (whether he may have been compelled to do so by
court order or for other reasons), the period of time for the disposal
of such lands by the owner thereof pursuant to the contract shall be
extended from the date on which the Secretary again commences the
processing or the approval of the disposition of such lands for a period
which shall be equal to the remaining period of time under the
recordable contract for the disposal thereof by the owner at the time
the decision of the Secretary to withhold the processing or approval of
such disposition first became effective.
(f) Eligibility of excess lands for irrigation water after
disposition
Excess lands which have been or may be disposed of in compliance with
Federal reclamation law, including this subchapter, shall not be
considered eligible to receive irrigation water unless --
(1) they are held by nonexcess owners; and
(2) in the case of disposals made after October 12, 1982, their title
is burdened by a covenant prohibiting their sale, for a period of ten
years after their original disposal to comply with Federal reclamation
law, including this subchapter, for values exceeding the sum of the
value of newly added improvements and the value of the land as increased
by market appreciation unrelated to the delivery of irrigation water.
Upon expiration of the terms of such covenant, the title to such lands
shall be freed of the burden of any limitations on subsequent sale
values which might otherwise be imposed by the operation of section 423e
of this title.
(Pub. L. 97-293, title II, 209, Oct. 12, 1982, 96 Stat. 1267.)
Federal reclamation law, referred to in subsecs. (a), (b), (e), and
(f), is defined in section 390aa of this title.
43 USC 390jj. Water conservation
TITLE 43 -- PUBLIC LANDS
(a) Implementation of program by non-Federal recipients
The Secretary shall, pursuant to his authorities under otherwise
existing Federal reclamation law, encourage the full consideration and
incorporation of prudent and responsible water conservation measures in
the operations of non-Federal recipients of irrigation water from
Federal reclamation projects, where such measures are shown to be
economically feasible for such non-Federal recipients.
(b) Development of plan
Each district that has entered into a repayment contract or water
service contract pursuant to Federal reclamation law or the Water Supply
Act of 1958, as amended (43 U.S.C. 390b), shall develop a water
conservation plan which shall contain definite goals, appropriate water
conservation measures, and a time schedule for meeting the water
conservation objectives.
(c) Coordination of ongoing programs; full public participation
The Secretary is authorized and directed to enter into memorandums of
agreement with those Federal agencies having capability to assist in
implementing water conservation measures to assure coordination of
ongoing programs. Such memorandums should provide for involvement of
non-Federal entities such as States, Indian tribes, and water user
organizations to assure full public participation in water conservation
efforts.
(Pub. L. 97-293, title II, 210, Oct. 12, 1982, 96 Stat. 1268.)
Federal reclamation law, referred to in subsecs. (a) and (b), is
defined in section 390aa of this title.
The Water Supply Act of 1958, as amended, referred to in subsec.
(b), is title III of Pub. L. 85-500, July 3, 1958, 72 Stat. 319, as
amended, which enacted section 390b of this title and enacted a
provision set out as a note under section 390b of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 390b of this title and Tables.
43 USC 390kk. Residency not required
TITLE 43 -- PUBLIC LANDS
Notwithstanding any other provision of law, irrigation water made
available from the operation of reclamation project facilities shall not
be withheld from delivery to any project lands for the reason that the
owners, lessees, or operators do not live on or near them.
(Pub. L. 97-293, title II, 211, Oct. 12, 1982, 96 Stat. 1269.)
43 USC 390ll. Corps of Engineers projects
TITLE 43 -- PUBLIC LANDS
(a) Applicability of Federal reclamation laws
Notwithstanding any other provision of law, neither the ownership or
pricing limitation provisions nor the other provisions of Federal
reclamation law, including this subchapter, shall be applicable to lands
receiving benefits from Federal water resources projects constructed by
the United States Army Corps of Engineers, unless --
(1) the project has, by Federal statute, explicitly been designated,
made a part of, or integrated with a Federal reclamation project; or
(2) the Secretary, pursuant to his authority under Federal
reclamation law, has provided project works for the control or
conveyance of an agricultural water supply for the lands involved.
(b) Payment of construction, operation, maintenance and
administrative costs allocated to conservation or irrigation storage
Notwithstanding any other provision of this section to the contrary,
obligations that require water users, pursuant to contracts with the
Secretary, to repay the share of construction costs and to pay the share
of the operation and maintenance and contract administrative costs of a
Corps of Engineers project which are allocated to conservation storage
or irrigation storage shall remain in effect.
(Pub. L. 97-293, title II, 212, Oct. 12, 1982, 96 Stat. 1269.)
Federal reclamation law, referred to in subsec. (a), is defined in
section 390aa of this title.
43 USC 390mm. Repayment of construction charges
TITLE 43 -- PUBLIC LANDS
(a) Ownership and pricing limitations inapplicable when repayment
obligation has been discharged
The ownership and full cost pricing limitations of this subchapter
and the ownership limitations provided in any other provision of Federal
reclamation law shall not apply to lands in a district after the
obligation of a district for the repayment of the construction costs of
the project facilities used to make project water available for delivery
to such lands shall have been discharged by a district (or by a person
within the district pursuant to a contract existing on October 12,
1982), by payment of periodic installments throughout a specified
contract term, including individual or district accelerated payments
where so provided in contracts existing on October 12, 1982.
(b) Certification of freedom from ownership and pricing limitations
(1) The Secretary shall provide, upon request of any owner of a
landholding for which repayment has occurred, a certificate
acknowledging that the landholding is free of the ownership or full cost
pricing limitation of Federal reclamation law. Such certificate shall
be in a form suitable for entry in the land records of the county in
which such landholding is located.
(2) Any certificate issued by the Secretary prior to October 12,
1982, acknowledging that the landholding is free of the acreage
limitation of Federal reclamation law is hereby ratified.
(c) Lump sum or accelerated repayment of construction costs
Nothing in this subchapter shall be construed as authorizing or
permitting lump sum or accelerated repayment of construction costs,
except in the case of a repayment contract which is in effect upon
October 12, 1982, and which provides for such lump sum or accelerated
repayment by an individual or district.
(Pub. L. 97-293, title II, 213, Oct. 12, 1982, 96 Stat. 1269.)
Federal reclamation law, referred to in subsecs. (a) and (b), is
defined in section 390aa of this title.
43 USC 390nn. Trusts
TITLE 43 -- PUBLIC LANDS
(a) The ownership and full cost pricing limitations of this
subchapter and the ownership limitations provided in any other provision
of Federal reclamation law shall not apply to lands in a district which
are held by an individual or corporate trustee in a fiduciary capacity
for a beneficiary or beneficiaries whose interests in the lands served
do not exceed the ownership and pricing limitations imposed by Federal
reclamation law, including this subchapter.
(b) Lands placed in a revocable trust shall be attributable to the
grantor if --
(1) the trust is revocable at the discretion of the grantor and
revocation results in the title to such lands reverting either directly
or indirectly to the grantor; or
(2) the trust is revoked or terminated by its terms upon the
expiration of a specified period of time and the revocation or
termination results in the title to such lands reverting either directly
or indirectly to the grantor.
(Pub. L. 97-293, title II, 214, Oct. 12, 1982, 96 Stat. 1270; Pub.
L. 100-203, title V, 5302(b), Dec. 22, 1987, 101 Stat. 1330-269.)
Federal reclamation law, referred to in subsec. (a), is defined in
section 390aa of this title.
1987 -- Pub. L. 100-203 designated existing provisions as subsec.
(a) and added subsec. (b).
43 USC 390oo. Temporary supplies of water
TITLE 43 -- PUBLIC LANDS
(a) Limitations inapplicable
Neither the ownership limitations of this subchapter nor the
ownership limitations of any other provision of Federal reclamation law
shall apply to lands which receive only a temporary, not to exceed one
year, supply of water made possible as a result of --
(1) an unusually large water supply not otherwise storable for
project purposes; or
(2) infrequent and otherwise unmanaged flood flows of short duration.
(b) Waiver of payment for temporary water supplies
The Secretary shall have the authority to waive payments for a supply
of water described in subsection (a) of this section.
(Pub. L. 97-293, title II, 215, Oct. 12, 1982, 96 Stat. 1270.)
Federal reclamation law, referred to in subsec. (a), is defined in
section 390aa of this title.
43 USC 390pp. Involuntary foreclosure
TITLE 43 -- PUBLIC LANDS
Neither the ownership limitations of this subchapter nor the
ownership limitations of any other provision of Federal reclamation law
shall apply to lands when the lands are acquired by involuntary
foreclosure, or similar involuntary process of law, by bona fide
conveyance in satisfaction of a debt (including, but not limited to, a
mortgage, real estate contract, or deed of trust), by inheritance, or by
devise: Provided, That such lands were eligible to receive irrigation
water prior to such transfer of title or the mortgaged lands became
ineligible to receive water after the mortgage is recorded but before it
is acquired by involuntary foreclosure or similar involuntary process of
law or by bona fide conveyance in satisfaction of mortgage: Provided
further, That if, after acquisition, such lands are not qualified under
Federal reclamation law, including this subchapter, they shall be
furnished temporarily with an irrigation water supply for a period not
exceeding five years from the effective date of such an acquisition,
delivery of irrigation water thereafter ceasing until the transfer
thereof to a landowner qualified under such laws: Provided further,
That the provisions of section 390ee of this title shall be applicable
separately to each acquisition under this section if the lands are
otherwise subject to the provisions of section 390ee of this title.
(Pub. L. 97-293, title II, 216, Oct. 12, 1982, 96 Stat. 1270.)
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390qq. Isolated tracts
TITLE 43 -- PUBLIC LANDS
Neither the ownership limitations of this subchapter nor the
ownership limitations of any other provision of Federal reclamation law
shall apply to lands which are isolated tracts found by the Secretary to
be economically farmable only if they are included in a larger farming
operation but which may, as a result of their inclusion in that
operation, cause it to exceed such ownership limitations.
(Pub. L. 97-293, title II, 217, Oct. 12, 1982, 96 Stat. 1270.)
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390rr. Central Arizona Project
TITLE 43 -- PUBLIC LANDS
Lands receiving irrigation water pursuant to a contract with the
Secretary as authorized under title III of the Colorado River Basin
Project Act (82 Stat. 887; 43 U.S.C. 1521 et seq.) which are placed
under recordable contract shall be eligible to receive irrigation water
upon terms and conditions related to pricing established by the
Secretary pursuant to Federal reclamation law in effect immediately
prior to October 12, 1982, for a period of time not to exceed ten years
from the date such lands are capable of being served with irrigation
water, as determined by the Secretary.
(Pub. L. 97-293, title II, 218, Oct. 12, 1982, 96 Stat. 1271.)
The Colorado River Basin Project Act, referred to in text, is Pub.
L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended. Title III of the
Colorado River Basin Project Act is classified generally to subchapter
III ( 1521 et seq.) of chapter 32 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1501 of this title and Tables.
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390ss. Religious or charitable organizations
TITLE 43 -- PUBLIC LANDS
An individual religious or charitable entity or organization
(including but not limited to a congregation, parish, school, ward, or
chapter) which is exempt from taxation under section 501 of the Internal
Revenue Code of 1986, as amended (26 U.S.C. 501), and which owns,
operates, or leases any lands within a district shall be treated as an
individual under the provisions of this subchapter regardless of such
entity or organization's affiliation with a central organization or its
subjugation to a hierarchical authority of the same faith and regardless
of whether or not the individual entity is the owner of record if --
(1) the agricultural produce and the proceeds of sales of such
produce are directly used only for charitable purposes;
(2) said land is operated by said individual religious or charitable
entity or organization (or subdivisions thereof); and
(3) no part of the net earnings of such religious or charitable
entity or organization (or subdivision thereof) shall inure to the
benefit of any private shareholder or individual.
(Pub. L. 97-293, title II, 219, Oct. 12, 1982, 96 Stat. 1271; Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
1986 -- Pub. L. 99-514 substituted ''Internal Revenue Code of 1986''
for ''Internal Revenue Code of 1954''.
43 USC 390tt. Contract required
TITLE 43 -- PUBLIC LANDS
Irrigation water temporarily made available from reclamation
facilities in excess of ordinary quantities not otherwise storable for
project purposes or at times when such irrigation water would not have
been available without the operations of those facilities, may be used
for irrigation, municipal, or industrial purposes only to the extent
covered by a contract requiring payment for the use of such irrigation
water, executed in accordance with the Reclamation Project Act of 1939
(43 U.S.C. 485 et seq.), or other applicable provisions of Federal
reclamation law.
(Pub. L. 97-293, title II, 220, Oct. 12, 1982, 96 Stat. 1271.)
The Reclamation Project Act of 1939, referred to in text, is act Aug.
4, 1939, ch. 418, 53 Stat. 1187, as amended, which is classified
principally to subchapter X ( 485 et seq.) of this chapter. For
complete classification of this Act to the Code, see section 485k of
this title and Tables.
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390uu. Waiver of sovereign immunity
TITLE 43 -- PUBLIC LANDS
Consent is given to join the United States as a necessary party
defendant in any suit to adjudicate, confirm, validate, or decree the
contractual rights of a contracting entity and the United States
regarding any contract executed pursuant to Federal reclamation law.
The United States, when a party to any suit, shall be deemed to have
waived any right to plead that it is not amenable thereto by reason of
its sovereignty, and shall be subject to judgments, orders, and decrees
of the court having jurisdiction, and may obtain review thereof, in the
same manner and to the same extent as a private individual under like
circumstances. Any suit pursuant to this section may be brought in any
United States district court in the State in which the land involved is
situated.
(Pub. L. 97-293, title II, 221, Oct. 12, 1982, 96 Stat. 1271.)
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390vv. Excess crop restrictions
TITLE 43 -- PUBLIC LANDS
(a) Report to Congress on production of surplus crops on acreage
served by irrigation water
Within one year of October 12, 1982, the Secretary of Agriculture,
with the cooperation of the Secretary of the Interior, shall transmit to
the Congress a report on the production of surplus crops on acreage
served by irrigation water. The report shall include --
(1) data delineating the production of surplus crops on lands served
by irrigation water;
(2) the percentage of participation of farms served by irrigation
water in set-aside programs, by acreage, crop, and State;
(3) the feasibility and appropriateness of requiring the
participation in acreage set-aside programs of farms served by
irrigation water and the costs of such a requirement; and
(4) any recommendations concerning how to coordinate national
reclamation policy with agriculture policy to help alleviate recurring
problems of surplus crops and low commodity prices.
(b) Restrictions prohibiting delivery of irrigation water for
production of excess basic agricultural commodities
In addition, notwithstanding any other provision of law, in the case
of any Federal reclamation project authorized before October 12, 1982,
any restriction prohibiting the delivery of irrigation water for the
production of excess basic agricultural commodities shall extend for a
period no longer than ten years after the date of the initial
authorization of such project.
(Pub. L. 97-293, title II, 222, Oct. 12, 1982, 96 Stat. 1272.)
43 USC 390ww. Administrative provisions
TITLE 43 -- PUBLIC LANDS
(a) Existing Federal reclamation law
The provisions of Federal reclamation law shall remain in full force
and effect, except to the extent such law is amended by, or is
inconsistent with, this subchapter.
(b) Existing statutory exemptions from ownership or pricing
limitations of Federal reclamation law
Nothing in this subchapter shall repeal or amend any existing
statutory exemptions from the ownership or pricing limitations of
Federal reclamation law.
(c) Regulations; collection of necessary data
The Secretary may prescribe regulations and shall collect all data
necessary to carry out the provisions of this subchapter and other
provisions of Federal reclamation law.
(d) Omitted
(e) Sale of nonexcess land acquired into excess status pursuant to
involuntary process of law, etc.
Any nonexcess land which is acquired into excess status pursuant to
involuntary foreclosure or similar involuntary process of law,
conveyance in satisfaction of a debt (including, but not limited to, a
mortgage, real estate contract, or deed of trust), inheritance, or
devise, may be sold at its fair market value without regard to any other
provision of this subchapter or to section 423e of this title:
Provided, That if the status of mortgaged land changes from nonexcess
into excess after the mortgage is recorded and is subsequently acquired
by the lender by involuntary foreclosure or similar involuntary process
of law, by bona fide conveyance in satisfaction of the mortgage, such
land may be sold at its fair market value.
(f) Omitted
(g) Annual audit of compliance with reclamation laws
In addition to any other audit or compliance activities which may
otherwise be undertaken, the Secretary of the Interior, or his designee,
shall conduct a thorough audit of the compliance with the reclamation
law of the United States, specifically including this subchapter, by
legal entities and individuals subject to such law. At a minimum, the
Secretary shall complete audits of those legal entities and individuals
whose landholdings or operations exceed 960 acres within 3 years. The
Secretary shall submit an annual written report to the Senate Committee
on Energy and Natural Resources and the House Committee on Interior and
Insular Affairs. Such report shall summarize the legal entities and
individuals audited, the results of such audits, and the actions taken
by the Secretary to correct any instances of noncompliance with the
reclamation law.
(h) Recordable contracts executed prior to October 12, 1982
The provisions of section 390ee(c) of this title are and have been
applicable to all recordable contracts executed prior to October 12,
1982, and any decision, rule, or regulation promulgated by the
Department of the Interior to the contrary is hereby revoked: Provided,
That notwithstanding the provisions of subsection (i) of this section,
the Secretary shall not seek reimbursement for any amounts due under
this subsection or section 390ee(c) of this title which was due prior to
December 22, 1987.
(i) Collection of underpayment with interest for irrigation water
When the Secretary finds that any individual or legal entity subject
to reclamation law, including this subchapter, has not paid the required
amount for irrigation water delivered to a landholding pursuant to
reclamation law, including this subchapter, he shall collect the amount
of any underpayment with interest accruing from the date the required
payment was due until paid. The interest rate shall be determined by
the Secretary of the Treasury on the basis of the weighted average yield
of all interest bearing marketable issues sold by the Treasury during
the period of underpayment.
(Pub. L. 97-293, title II, 224, Oct. 12, 1982, 96 Stat. 1272; Pub.
L. 100-203, title V, 5302(a), Dec. 22, 1987, 101 Stat. 1330-268.)
The Federal reclamation law, referred to in subsecs. (a) to (c), is
defined in section 390aa of this title.
The reclamation law of the United States and the reclamation law,
referred to in subsecs. (g) and (i), probably means Federal reclamation
law which is defined in section 390aa of this title.
This subchapter, referred to in subsecs. (a) to (c) and (e), was in
the original ''this title'', meaning title II ( 201-230) of Pub. L.
97-293, Oct. 12, 1982, 96 Stat. 1263, known as the Reclamation Reform
Act of 1982, which enacted this subchapter, amended sections 373a, 422e,
425b, and 485h of this title, and repealed section 383 of Title 25,
Indians. For complete classification of title II to the Code, see
Tables.
This subchapter, referred to in subsecs. (g) and (i), was in the
original ''this Act'' and was translated as reading ''this title''. See
note above.
Section is comprised of section 224 of Pub. L. 97-293. Subsec. (d)
of section 224 amended section 425 of this title. Subsec. (f) of
section 224 repealed section 383 of Title 25, Indians, and amended
section 385 of Title 25.
1987 -- Subsecs. (g) to (i). Pub. L. 100-203 added subsecs. (g) to
(i).
43 USC 390xx. Validation of contracts entered into prior to October 1,
1981
TITLE 43 -- PUBLIC LANDS
The provisions of any contract entered into prior to October 1, 1981,
by the Secretary with a district, which define project or nonproject
water, or describe the delivery of project water through nonproject
facilities or nonproject water through project facilities to lands
within the district, are hereby authorized and validated on the part of
the United States.
(Pub. L. 97-293, title II, 225, Oct. 12, 1982, 96 Stat. 1273.)
43 USC 390yy. Leasing requirements
TITLE 43 -- PUBLIC LANDS
Notwithstanding any other provision of Federal reclamation law,
including this subchapter, lands which receive irrigation water may be
leased only if the lease instrument is --
(1) written; and
(2) for a term not to exceed ten years, including any exercisable
options: Provided, however, That leases of lands for the production of
perennial crops having an average life of more than ten years may be for
periods of time equal to the average life of the perennial crop but in
any event not to exceed twenty-five years.
(Pub. L. 97-293, title II, 227, Oct. 12, 1982, 96 Stat. 1273.)
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390zz. Reporting
TITLE 43 -- PUBLIC LANDS
Any contracting entity subject to the ownership or pricing
limitations of Federal reclamation law shall compile and maintain such
records and information as the Secretary deems reasonably necessary to
implement this subchapter and Federal reclamation law. On a date set by
the Secretary following October 12, 1982, and annually thereafter, every
such contracting entity shall provide in a form suitable to the
Secretary such reports on the above matters as the Secretary may
require.
(Pub. L. 97-293, title II, 228, Oct. 12, 1982, 96 Stat. 1274.)
Federal reclamation law, referred to in text, is defined in section
390aa of this title.
43 USC 390zz-1. Severability
TITLE 43 -- PUBLIC LANDS
If any provision of this subchapter or the applicability thereof to
any person or circumstances is held invalid, the remainder of this
subchapter and the application of such provision to other persons or
circumstances shall not be affected thereby.
(Pub. L. 97-293, title II, 230, Oct. 12, 1982, 96 Stat. 1274.)
This subchapter, referred to in text, was in the original ''this
title'', meaning title II ( 201-230) of Pub. L. 97-293, Oct. 12, 1982,
96 Stat. 1263, known as the Reclamation Reform Act of 1982, which
enacted this subchapter, amended sections 373a, 422e, 425b, and 485h of
this title, and repealed section 383 of Title 25, Indians. For complete
classification of title II to the Code, see Tables.
43 USC SUBCHAPTER II -- RECLAMATION FUND GENERALLY
TITLE 43 -- PUBLIC LANDS
43 USC 391. Establishment of ''reclamation fund''
TITLE 43 -- PUBLIC LANDS
All moneys received from the sale and disposal of public lands in
Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah,
Washington, and Wyoming, beginning with the fiscal year ending June 30,
1901, including the surplus of fees and commissions in excess of
allowances to officers designated by the Secretary of the Interior, and
excepting the 5 per centum of the proceeds of the sales of public lands
in the above States set aside by law for educational and other purposes,
shall be, and the same are, reserved, set aside, and appropriated as a
special fund in the Treasury to be known as the ''reclamation fund'', to
be used in the examination and survey for and the construction and
maintenance of irrigation works for the storage, diversion, and
development of waters for the reclamation of arid and semiarid lands in
the said States and Territories, and for the payment of all other
expenditures provided for in this Act.
The provisions of the Act entitled ''An Act appropriating the
receipts from the sale and disposal of public lands in certain States
and Territories to the construction of irrigation works for the
reclamation of arid lands,'' approved June seventeenth, nineteen hundred
and two, be, and the same are hereby, extended so as to include and
apply to the State of Texas, American Samoa, Guam, the Northern Mariana
Islands and the Virgin Islands.. /1/
(June 17, 1902, ch. 1093, 1, 32 Stat. 388; June 12, 1906, ch. 3288,
34 Stat. 259; Oct. 28, 1921, ch. 114, 1, 42 Stat. 208; Mar. 3, 1925,
ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, 403, eff. July 16,
1946, 11 F.R. 7876, 60 Stat. 1100; Aug. 27, 1986, Pub. L. 99-396, 17,
100 Stat. 843.)
This Act, referred to in first par., and the Act entitled ''An Act
appropriating the receipts from the sale and disposal of public lands in
certain States and Territories to the construction of irrigation works
for the reclamation of arid lands,'' approved June seventeenth, nineteen
hundred and two, referred to in second par., are act June 17, 1902,
popularly known as the Reclamation Act, which is classified generally to
this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 371 of this Title and Tables.
The first paragraph of this section is comprised of act June 17,
1902, and the second paragraph is comprised of act June 12, 1906, as
amended.
1986 -- Pub. L. 99-396 inserted reference to American Samoa, Guam,
the Northern Mariana Islands, and the Virgin Islands in second par.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Words ''officers designated by the Secretary of the Interior''
substituted for ''registers'' on authority of section 403 of Reorg.
Plan No. 3 of 1946, set out as a note under section 1 of this title.
Previously, references to register and receiver changed to register
by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated offices of
register and receiver and provided for a single officer to be known as
register.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
All fees and commissions to be covered into the Treasury, see section
79c of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
/1/ So in original.
43 USC 391a. Advances to reclamation fund
TITLE 43 -- PUBLIC LANDS
The Secretary of the Treasury is authorized, upon request of the
Secretary of the Interior and upon approval of the President, to
transfer from time to time to the credit of the reclamation fund created
by section 391 of this title, such sum or sums, not exceeding in the
aggregate $5,000,000, as the Secretary of the Interior may deem
necessary for the construction and operation of reclamation projects
authorized under the Act of June 17, 1902 (32 Stat. 388), and under way
on March 3, 1931, and Acts amendatory thereof or supplementary thereto.
(Mar. 3, 1931, ch. 435, 1, 46 Stat. 1507.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 391a-1. Increase in reclamation fund; reimbursement of advances
from Treasury
TITLE 43 -- PUBLIC LANDS
The Secretary of the Treasury is authorized and directed to transfer
to the credit of the reclamation fund, created by section 391 of this
title, a sum equal to the difference between (1) 52 1/2 per centum of
the moneys which the Secretary of the Treasury shall determine to have
accrued to the United States from lands within the naval petroleum
reserves, except those in Alaska, from February 25, 1920, to June 30,
1938, inclusive, and (2) the total of all sums advanced to the
reclamation fund under the provisions of sections 397 and 398 to 400 of
this title, and under the provisions of sections 391a and 391b of this
title, and not reimbursed by transfer from the reclamation fund to the
general funds in the Treasury. The transaction provided for in this
section shall be deemed to have effected a complete reimbursement to the
general funds in the Treasury of all sums advanced to the reclamation
fund under the provisions of such sections 391a, 391b, 397, and 398 to
400 of this title.
(May 9, 1938, ch. 187, 52 Stat. 322.)
Sections 391b and 399 of this title, referred to in text, contained
provisions similar to those comprising this section, and were omitted
from the Code.
43 USC 391b. Omitted
TITLE 43 -- PUBLIC LANDS
Section, act Mar. 3, 1931, ch. 435, 2, 46 Stat. 1507, related to
reimbursement of general fund for moneys advanced under section 391a of
this title. See section 391a-1 of this title.
43 USC 392. Payments into reclamation fund of moneys received from
entrymen and water right applicants
TITLE 43 -- PUBLIC LANDS
All moneys received from entrymen or applicants for water rights
shall be paid into the reclamation fund.
(June 17, 1902, ch. 1093, 5, 32 Stat. 389.)
Section is comprised of fourth sentence of section 5 of act June 17,
1902. First, second and fifth sentences of such section 5 were
classified to sections 439, 431 and 381 of this title, respectively;
part of third sentence was classified to section 476 of this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
43 USC 392a. Payment into reclamation fund of receipts from irrigation
projects; transfer of power revenues to General Treasury after
repayment of construction costs
TITLE 43 -- PUBLIC LANDS
All moneys received by the United States in connection with any
irrigation projects, including the incidental power features thereof,
constructed by the Secretary of the Interior through the Bureau of
Reclamation, and financed in whole or in part with moneys heretofore or
hereafter appropriated or allocated therefor by the Federal Government,
shall be covered into the reclamation fund, except in cases where
provision has been made by law or contract for the use of such revenues
for the benefit of users of water from such project: Provided, That
after the net revenues derived from the sale of power developed in
connection with any of said projects shall have repaid those
construction costs of such project allocated to power to be repaid by
power revenues therefrom and shall no longer be required to meet the
contractual obligations of the United States, then said net revenues
derived from the sale of power developed in connection with such project
shall, after the close of each fiscal year, be transferred to and
covered into the General Treasury as ''miscellaneous receipts'':
Provided further, That nothing in this section shall be construed to
amend the Boulder Canyon Project Act (45 Stat. 1057), as amended (43 U.
S.C. 617 et seq.), or to apply to irrigation projects of the Office of
Indian Affairs.
(May 9, 1938, ch. 187, 52 Stat. 322.)
The Boulder Canyon Project Act (45 Stat. 1057), as amended, referred
to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended,
which is classified generally to subchapter I ( 617 et seq.) of chapter
12A of this title. For complete classification of this Act to the Code,
see section 617t of this title and Tables.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 393. Proceeds from sale of materials, etc.
TITLE 43 -- PUBLIC LANDS
There shall be covered into the reclamation fund the proceeds of the
sales of material utilized for temporary work and structures in
connection with the operations under the Act of June 17, 1902, known as
the reclamation Act, as well as of the sales of all other condemned
property which had been purchased under the provisions thereof, and also
any moneys refunded in connection with the operations under said
reclamation Act.
(Mar. 3, 1905, ch. 1459, 33 Stat. 1032.)
Act of June 17, 1902, known as the reclamation Act, referred to in
text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which
is classified generally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 371 of
this title and Tables.
43 USC 394. Proceeds from sale of products of or leases of withdrawn or
reserved lands
TITLE 43 -- PUBLIC LANDS
The proceeds heretofore or hereafter received from the lease of any
lands reserved or withdrawn under the reclamation law or from the sale
of the products therefrom shall be covered into the reclamation fund;
and where such lands are affected by a reservation or withdrawal under
some other law, the proceeds from the lease of land and the sale of
products therefrom shall likewise be covered into the reclamation fund
in all cases where such lands are needed for the protection or operation
of any reservoir or other works constructed under the reclamation law,
and such lands shall be and remain under the jurisdiction of the
Secretary of the Interior.
(July 19, 1919, ch. 24, 1, 41 Stat. 202.)
The reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 395. Contributions by State, municipality, etc.
TITLE 43 -- PUBLIC LANDS
All moneys received after March 4, 1921, from any State,
municipality, corporation, association, firm, district, or individual
for investigations, surveys, construction work, or any other development
work incident thereto involving operations similar to those provided for
by the reclamation law shall be covered into the reclamation fund and
shall be available for expenditure for the purposes for which
contributed in like manner as if said sums had been specifically
appropriated for said purposes.
(Mar. 4, 1921, ch. 161, 1, 41 Stat. 1404.)
The reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 396. Return of contributions to cooperative investigations of
projects
TITLE 43 -- PUBLIC LANDS
On and after December 25, 1924, the Secretary of the Interior is
authorized to receive moneys from any State, municipality, irrigation
district, individual, or other interest, public or private, expend the
same in connection with moneys appropriated by the United States for any
cooperative investigation of the feasibility of reclamation projects,
and return to the contributor any moneys so contributed in excess of the
actual cost of that portion of the work properly chargeable to the
contribution.
(Dec. 5, 1924, ch. 4, 1, 43 Stat. 685.)
43 USC 397. Advances by Government for completion of projects initiated
prior to June 25, 1910
TITLE 43 -- PUBLIC LANDS
To enable the Secretary of the Interior to complete Government
reclamation projects begun prior to June 25, 1910, the Secretary of the
Treasury is authorized, as of June 25, 1910, upon request of the
Secretary of the Interior, to transfer from time to time to the credit
of the reclamation fund created by section 391 of this title, such sum
or sums, not exceeding in the aggregate $20,000,000, as the Secretary of
the Interior may deem necessary to complete the said reclamation
projects, and such extensions thereof as he may deem proper and
necessary to the successful and profitable operation and maintenance
thereof or to protect water rights pertaining thereto claimed by the
United States, provided the same shall be approved by the President of
the United States; and such sum or sums as may be required to comply
with the foregoing authority are appropriated, as of June 25, 1910, out
of any money in the Treasury not otherwise appropriated: Provided, That
the sums authorized to be transferred to the reclamation fund shall be
so transferred only as such sums shall be actually needed to meet
payments for work performed under existing law: And provided further,
That all sums so transferred shall be reimbursed to the Treasury from
the reclamation fund, as hereinafter provided: And provided further,
That no part of this appropriation shall be expended upon any project
existing June 25, 1910, until it shall have been examined and reported
upon by a board of engineer officers of the Army, designated by the
President of the United States, and until it shall be approved by the
President as feasible and practicable and worthy of such expenditure;
nor shall any portion of this appropriation be expended upon any project
initiated after June 25, 1910.
(June 25, 1910, ch. 407, 1, 36 Stat. 835.)
43 USC 397a. Advances for operation and maintenance of projects
TITLE 43 -- PUBLIC LANDS
Any moneys which may have been heretofore or may be hereafter
advanced for operation and maintenance of any project or any division of
a project shall be covered into the reclamation fund and shall be
available for expenditure for the purposes for which advanced in like
manner as if said funds had been specifically appropriated for said
purposes.
(Jan. 12, 1927, ch. 27, 44 Stat. 957.)
43 USC 398. Sales of Government certificates to obtain funds for
advances
TITLE 43 -- PUBLIC LANDS
For the purpose of providing the Treasury with funds for the advances
to the reclamation fund, provided for in section 397 of this title, the
Secretary of the Treasury is authorized to issue certificates of
indebtedness of the United States in such form as he may prescribe and
in denominations of $50, or multiples of that sum; said certificates to
be redeemable at the option of the United States at any time after three
years from the date of their issue and to be payable five years after
such date, and to bear interest, payable semiannually, at not exceeding
3 per centum per annum; the principal and interest to be payable in
gold coin of the United States. The certificates of indebtedness herein
authorized may be disposed of by the Secretary of the Treasury at not
less than par, under such rules and regulations as he may prescribe,
giving all citizens of the United States an equal opportunity to
subscribe therefor, but no commission shall be allowed and the aggregate
issue of such certificates shall not exceed the amount of all advances
made to said reclamation fund, and in no event shall the same exceed the
sum of $20,000,000. The certificates of indebtedness herein authorized
shall be exempt from taxes or duties of the United States as well as
from taxation in any form by or under State, municipal, or local
authority; and a sum not exceeding one-tenth of 1 per centum of the
amount of the certificates of indebtedness issued under this section is
appropriated, out of any money in the Treasury not otherwise
appropriated, to pay the expense of preparing, advertising, and issuing
the same.
(June 25, 1910, ch. 407, 2, 36 Stat. 835.)
Gold coinage discontinued and gold coin withdrawn from circulation,
see section 5118 of Title 31, Money and Finance.
Provisions for payment in gold declared against public policy, and
all obligations to be discharged upon payment, dollar for dollar, in any
coin or currency which is legal tender for payment of debts, see section
5118 of Title 31.
43 USC 399. Omitted
TITLE 43 -- PUBLIC LANDS
Section, acts June 25, 1910, ch. 407, 3, 36 Stat. 836; June 12,
1917, ch. 27, 40 Stat. 149, related to repayment of advances made
under sections 397 and 398 of this title. See section 391a-1 of this
title.
43 USC 400. Advances as item of cost of construction and maintenance of
project
TITLE 43 -- PUBLIC LANDS
All money placed to the credit of the reclamation fund in pursuance
of sections 397 and 398 to 400, of this title shall be devoted
exclusively to the completion of work on reclamation projects begun
prior to June 25, 1910, as hereinbefore provided, and the same shall be
included with all other expenses in future estimates of construction,
operation, or maintenance.
(June 25, 1910, ch. 407, 4, 36 Stat. 836.)
Section 399 of this title, included within reference in text to
sections 398 to 400, was omitted from the Code. See section 391a-1 of
this title.
Section is comprised of first clause of section 4 of act June 25,
1910. Second clause of such section 4 is classified to section 413 of
this title.
43 USC 401. Amounts collected from defaulting contractors and their
sureties
TITLE 43 -- PUBLIC LANDS
Any amounts collected from defaulting contractors or their sureties,
including collections heretofore made, in connection with contracts
entered into under the reclamation law, either collected in cash or by
deduction from amounts otherwise due such contractors, shall be covered
into the reclamation fund and shall be credited to the project or
operation for or on account of which such contract was made.
(June 6, 1930, ch. 410, 46 Stat. 522.)
The reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 402. Omitted
TITLE 43 -- PUBLIC LANDS
Section, acts Apr. 1, 1932, ch. 95, 10, 47 Stat. 78; Mar. 3,
1933, ch. 200, 2, 47 Stat. 1427, related to repayment of advances
under sections 391a and 397 of this title. See section 391a-1 of this
title.
43 USC 403, 404. Repealed. June 30, 1947, ch. 166, title II, 206( c),
61 Stat. 208
TITLE 43 -- PUBLIC LANDS
Section 403, acts May 12, 1933, ch. 25, title II, 36, 48 Stat. 49;
June 16, 1933, ch. 101, 19, 48 Stat. 308; June 19, 1934, ch. 653, 11,
48 Stat. 1110; June 27, 1934, ch. 851, 48 Stat. 1269, related to
refinancing agricultural improvement districts.
Section 404, act May 12, 1933, ch. 25, title II, 37, 48 Stat. 50,
related to advances by the former Reconstruction Finance Corporation.
43 USC SUBCHAPTER III -- INSTITUTION AND CONSTRUCTION OF PROJECTS
TITLE 43 -- PUBLIC LANDS
43 USC 411. Surveys for, location, and construction of irrigation works
generally
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized and directed to make
examinations and surveys for, and to locate and construct, as herein
provided, irrigation works for the storage, diversion, and development
of waters, including artesian wells.
(June 17, 1902, ch. 1093, 2, 32 Stat. 388; Aug. 7, 1946, ch. 770,
1(7), 60 Stat. 867.)
Herein, referred to in text, means in act June 17, 1902, popularly
known as the Reclamation Act, which is classified generally to this
chapter. For complete classification of act June 17, 1902, to the Code,
see Short Title note set out under section 371 of this title and Tables.
Prior similar provisions for investigations and surveys by the
Geological Survey and for reports thereof by the Director of the
Geological Survey were contained in acts Mar. 2, 1889, ch. 411, 1, 25
Stat. 960; Oct. 2, 1888, ch. 1069, 1, 25 Stat. 526.
1946 -- Act Aug. 7, 1946, struck out provisions requiring annual
reports to Congress as to results of those examinations and surveys.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
43 USC 411a. Repealed. Feb. 28, 1929, ch. 374, 2, 45 Stat. 1406
TITLE 43 -- PUBLIC LANDS
Section, act June 28, 1926, ch. 704, 44 Stat. 776, authorized
employment of engineers for consultation.
43 USC 411a-1. Authorization of appropriations for investigations of
feasibility of reclamation projects
TITLE 43 -- PUBLIC LANDS
The sum of $125,000 annually is authorized to be appropriated for
cooperative and miscellaneous investigations of the feasibility of
reclamation projects.
(Feb. 21, 1923, ch. 101, 42 Stat. 1281.)
43 USC 411b. Employment of engineers, geologists, appraisers and
economists for reclamation consultation work; compensation; retired
Army and Navy officers as consulting engineers
TITLE 43 -- PUBLIC LANDS
The Secretary of Interior is authorized, in his judgment and
discretion, to employ for consultation purposes on important reclamation
work ten consulting engineers, geologists, appraisers, and economists,
at rates of compensation to be fixed by him, but not to exceed $50 per
day for any engineer, geologist, appraiser, or economist so employed:
Provided, That the total compensation paid to any engineer, geologist,
appraiser, or economist during any fiscal year shall not exceed $5,000:
Provided further, That notwithstanding the provisions of any other Act,
retired officers of the Army or Navy may be employed by the Secretary of
the Interior as consulting engineers in accordance with the provisions
of this section.
(Feb. 28, 1929, ch. 374, 1, 45 Stat. 1406; Apr. 22, 1940, ch. 125,
54 Stat. 148; Dec. 23, 1944, ch. 708, 58 Stat. 915; Sept. 6, 1966,
Pub. L. 89-554, 8(a), 80 Stat. 652.)
1966 -- Pub. L. 89-554 struck out provisions which authorized
employment of retired personnel of the Department of Interior as
consultants.
1944 -- Act Dec. 23, 1944, inserted third proviso.
1940 -- Act Apr. 22, 1940, provided for employment of appraisers and
increased the number to be employed from five to ten.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
43 USC 412. Prerequisites to initiation of project or division of
project
TITLE 43 -- PUBLIC LANDS
After December 5, 1924, no new project or new division of a project
shall be approved for construction or estimates submitted therefor by
the Secretary until information in detail shall be secured by him
concerning the water supply, the engineering features, the cost of
construction, land prices, and the probable cost of development, and he
shall have made a finding in writing that it is feasible, that it is
adaptable for actual settlement and farm homes, and that it will
probably return the cost thereof to the United States.
(Dec. 5, 1924, ch. 4, 4, subsec. B, 43 Stat. 702.)
The definitions in section 371 of this title apply to this section.
43 USC 413. Approval of project by President
TITLE 43 -- PUBLIC LANDS
After June 25, 1910, no irrigation project contemplated by the Act of
June 17, 1902, shall be begun unless and until the same shall have been
recommended by the Secretary of the Interior and approved by the direct
order of the President of the United States.
(June 25, 1910, ch. 407, 4, 36 Stat. 836.)
Act of June 17, 1902, referred to in text, is act June 17, 1902, ch.
1093, 32 Stat. 388, as amended, popularly known as the Reclamation Act,
which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 371 of this title and Tables.
Section is comprised of second clause of section 4 of act June 25,
1910. First clause of such section 4 is classified to section 400 of
this title.
43 USC 414. Appropriation for projects essential
TITLE 43 -- PUBLIC LANDS
Expenditures shall not be made for carrying out the purposes of the
reclamation law except out of appropriations made annually by Congress
therefor, and there shall annually, in the Budget, be submitted to
Congress estimates of the amount of money necessary to be expended for
carrying out any or all of the purposes authorized by the reclamation
law, including the extension and completion of existing projects and
units thereof and the construction of new projects. The annual
appropriations made hereunder by Congress for such purposes shall be
paid out of the reclamation fund provided for by the reclamation law.
(Aug. 13, 1914, ch. 247, 16, 38 Stat. 690.)
The reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
Words ''there shall annually, in the Budget, be submitted to
Congress'' substituted for ''the Secretary of the Interior shall
annually in the regular Book of Estimates, submit to Congress'' in view
of the Budget and Accounting Act, 1921, act June 10, 1921, ch. 18, 42
Stat. 20, as amended. See sections 1104 and 1105 of Title 31, Money
and Finance.
43 USC 415. Receipts applicable to project generally
TITLE 43 -- PUBLIC LANDS
All moneys heretofore or hereafter refunded or received in connection
with operations under the reclamation law, except repayments of
construction and operation and maintenance charges, shall be a credit to
the appropriation for the project or operation from or on account of
which the collection is made and shall be available for expenditure in
like manner as if said sum had been specifically appropriated for said
project or operation.
(June 12, 1917, ch. 27, 40 Stat. 149.)
The reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 416. Laws applicable to withdrawn lands; restoration to entry
TITLE 43 -- PUBLIC LANDS
All lands entered and entries made under the homestead laws within
areas so withdrawn during such withdrawal shall be subject to all the
provisions, limitations, charges, terms, and conditions of this Act;
that said surveys shall be prosecuted diligently to completion, and upon
the completion thereof, and of the necessary maps, plans, and estimates
of cost, the Secretary of the Interior shall determine whether or not
said project is practicable and advisable, and if determined to be
impracticable or unadvisable he shall thereupon restore said lands to
entry.
(June 17, 1902, ch. 1093, 3, 32 Stat. 388; Oct. 21, 1976, Pub. L.
94-579, title VII, 704(a), 90 Stat. 2792.)
This Act, referred to in text, is act June 17, 1902, popularly known
as the Reclamation Act, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 371 of this title and Tables.
Said surveys, referred to in text, mean the surveys for contemplated
irrigation works authorized by section 411 of this title.
Section is comprised of part of section 3 of act June 17, 1902.
Remainder of such section 3 is classified to sections 432 and 434 of
this title.
1976 -- Pub. L. 94-579 struck out provisions that the Secretary of
the Interior withdraw from public entry lands required for irrigation
works contemplated under the Act of June 17, 1902, prior to the giving
of the public notice provided for in section 419 of this title, that he
restore such withdrawn lands to public entry when he deemed such lands
unnecessary for the purposes of such Act, and that he withdraw from
entry, except under the homestead laws, any public lands believed to be
susceptible of irrigation from said works prior to the beginning of
surveys for any contemplated irrigation works.
Section 704(a) of Pub. L. 94-579 provided that the amendment made by
such section 704(a) is effective on and after Oct. 21, 1976.
Amendment by Pub. L. 94-579 not to be construed as terminating any
valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
section 701 of Pub. L. 94-579, set out as a note under section 1701 of
this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Entry on unreserved public lands withdrawn or classified as coal
lands or valuable as coal, see section 83 of Title 30, Mineral Lands and
Mining.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
Lands improved at expense of reclamation fund and not needed for
reclamation projects to be appraised and sold at public auction for not
less than appraised value, see section 375 of this title.
section 406d-5; title 30 sections 83, 84,
125.
43 USC 417. Reservation of easements in public lands for reclamation
projects
TITLE 43 -- PUBLIC LANDS
Where, in the opinion of the Secretary, a right of way or easement of
any kind over public land is required in connection with a project the
Secretary may reserve the same to the United States by filing in the
Bureau of Land Management and in the appropriate local land office
copies of an instrument giving a description of the right of way or
easement and notice that the same is reserved to the United States for
Federal irrigation purposes under sections 371, 376, 377, 412, 417, 433,
438, /1/ 462, 463, /1/ 466, 473, /1/ 474, /1/ 478, 493, 494, 500, 501,
and 526 of this title, in which event entry for such land and the patent
issued therefor shall be subject to the right of way or easement so
described in such instrument; and reference to each such instrument
shall be made in the appropriate tract books and also in the patent.
(Dec. 5, 1924, ch. 4, 4, subsec. P, 43 Stat. 704; 1946 Reorg. Plan
No. 3, 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
Section 438 of this title, referred to in text, was repealed by act
Aug. 13, 1953, ch. 428, 10, 67 Stat. 568.
Sections 463, 473, and 474 of this title, referred to in text, were
repealed by act May 25, 1926, ch. 383, 47, 44 Stat. 650.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
''Bureau of Land Management'' substituted for ''General Land Office''
on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a
note under section 1 of this title.
The definitions in section 371 of this title apply to this section.
/1/ See References in Text note below.
43 USC 418. Private lands within project; agreement as to disposal of
excess over farm unit
TITLE 43 -- PUBLIC LANDS
Before any contract is let or work begun for the construction of any
reclamation project adopted after August 13, 1914, the Secretary of the
Interior shall require the owners of private lands thereunder to agree
to dispose of all lands in excess of the area which he shall deem
sufficient for the support of a family upon the land in question, upon
such terms and at not to exceed such price as the Secretary of the
Interior may designate; and if any landowner shall refuse to agree to
the requirements fixed by the Secretary of the Interior, his land shall
not be included within the project if adopted for construction.
(Aug. 13, 1914, ch. 247, 12, 38 Stat. 689.)
43 USC 419. Contract for irrigation project; notice as to lands
irrigable, unit of entry, and construction charges
TITLE 43 -- PUBLIC LANDS
Upon the determination that any irrigation project is practicable,
the Secretary of the Interior may cause to be let contracts for the
construction of the same, in such portions or sections as it may be
practicable to construct and complete as parts of the whole project,
providing the necessary funds for such portions or sections are
available, and thereupon he shall give public notice of the lands
irrigable under such project, and limit of area per entry, which limit
shall represent the acreage which, in the opinion of the Secretary, may
be reasonably required for the support of a family upon the lands in
question; also of the charges which shall be made per acre upon the
said entries, and upon lands in private ownership which may be irrigated
by the waters of the said irrigation project, and the number of annual
installments in which such charges shall be paid and the time when such
payments shall commence: Provided, That in all construction work eight
hours shall constitute a day's work.
(June 17, 1902, ch. 1093, 4, 32 Stat. 389; May 10, 1956, ch. 256, 70
Stat. 151.)
Section is comprised of part of section 4 of act June 17, 1902.
Remainder of such section 4 is classified to section 461 of this title.
1956 -- Act May 10, 1956, substituted a period for the comma after
''work'' in proviso, and struck out ''and no Mongolian labor shall be
employed thereon.''
Provisions of this section as not amended, modified, or repealed by
the Submerged Lands Act, see section 1303 of this title.
Construction charges to be paid in annual installments, see section
461 et seq. of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
43 USC 420. Use of earth, timber, etc., from other public lands
TITLE 43 -- PUBLIC LANDS
In carrying out the provisions of the national irrigation law
approved June 17, 1902, and in constructing works thereunder, the
Secretary of the Interior is authorized to use and to permit the use by
those engaged in the construction of works under said law, under rules
and regulations to be prescribed by him, such earth, stone, and timber
from the public lands of the United States as may be required in the
construction of such works, and the Secretary of Agriculture is
authorized to permit the use of earth, stone, and timber from the
national forests of the United States for the same purpose, under rules
and regulations to be prescribed by him.
(Feb. 8, 1905, ch. 552, 33 Stat. 706; Mar. 4, 1907, ch. 2907, 34
Stat. 1269.)
The national irrigation law approved June 17, 1902, referred to in
text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
popularly known as the Reclamation Act, which is classified generally to
this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 371 of this title and Tables.
Act Mar. 4, 1907 redesignated ''forest reserves'' as ''national
forests''.
43 USC 421. Acquisition of lands for irrigation project; eminent
domain
TITLE 43 -- PUBLIC LANDS
Where, in carrying out the provisions of this Act, it becomes
necessary to acquire any rights or property, the Secretary of the
Interior is authorized to acquire the same for the United States by
purchase or by condemnation under judicial process, and to pay from the
reclamation fund the sums which may be needed for that purpose, and it
shall be the duty of the Attorney General of the United States upon
every application of the Secretary of the Interior, under this Act, to
cause proceedings to be commenced for condemnation within thirty days
from the receipt of the application at the Department of Justice.
(June 17, 1902, ch. 1093, 7, 32 Stat. 389.)
This Act, referred to in text, is act June 17, 1902, popularly known
as the Reclamation Act, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 371 of this Title and Tables.
Provisions of this section as not amended, modified, or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
43 USC 421a. Construction of distribution and drainage systems by
irrigation districts or public agencies
TITLE 43 -- PUBLIC LANDS
Distribution and drainage systems authorized to be constructed under
the Federal reclamation laws may, in lieu of construction by the
Secretary of the Interior (referred to in sections 421a to 421h of this
title as the ''Secretary''), be constructed by irrigation districts or
other public agencies according to plans and specifications approved by
the Secretary as provided in sections 421a to 421h of this title. The
drainage systems referred to in sections 421a to 421h of this title are
those required for collection and removal of excess irrigation water,
either on or below the surface of the ground and do not include
enlargement or alteration of existing waterways for disposition or
natural runoff.
(July 4, 1955, ch. 271, 1, 69 Stat. 244; Oct. 13, 1972, Pub. L.
92-487, 86 Stat. 804.)
The Federal reclamation laws, referred to in text, include the act of
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to this chapter. For complete classification of
act June 17, 1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.
1972 -- Pub. L. 92-487 substituted provisions relating to
construction of distribution and drainage systems, for provisions
relating to construction of irrigation systems, and inserted provisions
setting forth the type of drainage systems subject to coverage of
sections 421a to 421h of this title.
43 USC 421b. Loans for construction of distribution and drainage
systems; repayment contract; time period for repayment of loan;
''irrigation district or other public agency'' defined
TITLE 43 -- PUBLIC LANDS
To assist financially in the construction of the aforesaid local
distribution and drainage systems by irrigation districts and other
public agencies the Secretary is authorized, on application therefor by
such irrigation districts or other public agencies, to make funds
available on a loan basis from moneys appropriated for the construction
of such distribution and drainage systems to any irrigation district or
other public agency in an amount equal to the estimated construction
cost of such system, contingent upon a finding by the Secretary that the
loan can be returned to the United States in accordance with the general
repayment provisions of sections 485a(d) and 485h(d) of this title and
upon a showing that such district or agency already holds or can acquire
all lands and interests in land (except public and other lands or
interests in land owned by the United States which are within the
administrative jurisdiction of the Secretary and subject to disposition
by him) necessary for the construction, operation, and maintenance of
the project. The Secretary shall, upon approval of a loan, including
any loan for a distribution and drainage system receiving water from the
San Luis unit, Central Valley project, authorized by the Act of June 3,
1960 (74 Stat. 156), enter into a repayment contract which includes such
provisions as the Secretary shall deem necessary and proper to provide
assurance of prompt repayment of the loan within not to exceed forty
years plus a development period not to exceed ten years. The term
''irrigation district or other public agency'' shall for the purposes of
sections 421a to 421h of this title mean any conservancy district,
irrigation district, water users' organization, or other organization,
which is organized under State law and which has capacity to enter into
contracts with the United States pursuant to the Federal reclamation
laws.
(July 4, 1955, ch. 271, 2, 69 Stat. 245; Oct. 13, 1972, Pub. L.
92-487, 86 Stat. 804.)
Act of June 3, 1960, referred to in text, is Pub. L. 86-488, June 3,
1960, 74 Stat. 156, which is not classified to the Code.
The Federal reclamation laws, referred to in text, include the act of
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to this chapter. For complete classification of
act June 17, 1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.
1972 -- Pub. L. 92-487 substituted provisions relating to financial
assistance in the construction of local distribution and drainage
systems, for provisions relating to financial assistance in the
construction of local irrigation distribution systems, and inserted
provisions relating to loans for a distribution and drainage system
receiving water from the San Luis unit, Central Valley project, and
provisions setting forth a specified time period for repayment of loans.
Pub. L. 100-203, title V, 5301, Dec. 22, 1987, 101 Stat. 1330-268,
provided that:
''(a) Sale. -- The Secretary of the Interior (hereinafter in this
section referred to as the 'Secretary'), under such terms as the
Secretary shall prescribe, shall sell or otherwise dispose of loans made
pursuant to the Distribution System Loans Act (43 U.S.C. 421a-421d) (43
U.S.C. 421a to 421h), the Small Reclamation Projects Act (of 1956) (43
U.S.C. 422a-422l) (43 U.S.C. 422a et seq.), and the Rehabilitation and
Betterment Act (43 U.S.C. 504-505) (43 U.S.C. 504 and note) in such
amounts as to realize net proceeds to the Federal Government of not less
than $130,000,000 in the fiscal year ending September 30, 1988. In the
conduct of such sales, the Secretary shall take such actions as he deems
appropriate to accommodate, effectuate, and otherwise protect the rights
and obligations of the United States and the borrowers under the
contracts executed to provide for repayment of such loans.
''(b) Savings Provisions. -- Nothing in this section, including the
prepayment or other disposition of any loan or loans, shall --
''(1) except to the extent that prepayment may have been authorized
heretofore, relieve the borrower from the application of the provisions
of Federal Reclamation law (Act of June 17, 1902, and Acts amendatory
thereof or supplementary thereto (43 U.S.C. 371 et seq.), including the
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.)), including
acreage limitations, to the extent such provisions would apply absent
such prepayment, or
''(2) authorize the transfer of title to any federally owned
facilities funded by the loans specified in subsection (a) of this
section without a specific Act of Congress.
''(c) Fees and Expenses of Program. -- Proceeds from the conduct of
the program authorized by this section shall be first used to pay the
fees and expenses of such program and the net proceeds shall be
deposited in the Treasury of the United States as miscellaneous
receipts.
''(d) Termination. -- The authority granted by this section to sell
or otherwise dispose of loans shall terminate on December 31, 1988.''
43 USC 421c. Conditions of loan for distribution and drainage systems;
reconveyance by Secretary of lands, interests in lands, and distribution
works heretofore conveyed to the United States; conditions of
reconveyance; rights of way
TITLE 43 -- PUBLIC LANDS
The Secretary shall require, as conditions to any such loan, that the
borrower contribute in money or materials, labor, lands, or interests in
land, computed at their reasonable value, a portion not in excess of 10
per centum, of the construction cost of the distribution and drainage
system (including all costs of acquiring lands and interests in land),
that the plans for the system be in accord with sound engineering
practices and be such as will achieve the purposes for which the system
was authorized, and that the borrower agree to account in full in regard
to all disbursements of borrowed funds and to return at once for
application toward amortization of the loan all funds which are not
expended in the construction of the distribution and drainage system.
Every organization contracting for repayment of a loan under sections
421a to 421h of this title shall operate and maintain its distribution
and drainage works in conformity with reasonable contractual
requirements determined to be appropriate for the protection of the
United States. The Secretary is hereby authorized to reconvey to
borrowers all lands or interests in lands and distribution works
transferred to the United States under the provisions of sections 421a
to 421h of this title: Provided, That any reconveyance shall be upon
the condition that the repayment contract of the borrower be amended to
include such provisions as the Secretary shall deem necessary or proper
to provide assurance of and security for prompt repayment of the loan.
The head of any department or agency of the Government within whose
administrative jurisdiction are lands owned by the United States the use
of which is reasonably necessary for the construction, operation, and
maintenance of distribution and drainage works under sections 421a to
421h of this title may grant to a borrower or prospective borrower under
sections 421a to 421h of this title revocable permission for the use
thereof in like manner as under sections 79 and 524 of title 16,
sections 323 to 328 of title 25, section 8124 of title 38, or sections
931a to 931d, 946 to 950, 956, and 959 of this title, or any other
similar Act which is applicable to the lands involved: Provided, That
no such permission shall be granted in the case of lands being
administered for national park, national monument, or wildlife purposes.
(July 4, 1955, ch. 271, 3, 69 Stat. 245; May 14, 1956, ch. 268, 70
Stat. 155; Oct. 13, 1972, Pub. L. 92-487, 86 Stat. 804; May 7, 1991,
Pub. L. 102-40, title IV, 402(d)(2), 105 Stat. 239.)
''Section 8124 of title 38'' substituted in text (see 1991 Amendment
note below) for ''section 5024 of title 38'', which previously had been
substituted for ''section 5014 of title 38'' as the probable intent of
Congress in view of the renumbering of section 5014 of title 38 as
section 5024 by Pub. L. 96-22, title III, 301(b)(1), June 13, 1979, 93
Stat. 61. Previously, ''section 5014 of title 38'' had been substituted
for ''section 11i of title 38'' on authority of Pub. L. 85-857, 5(a),
Sept. 2, 1958, 72 Stat. 1281, the first section of which enacted Title
38, Veterans' Benefits.
1991 -- Pub. L. 102-40 substituted ''section 8124 of title 38'' for
''section 5024 of title 38''. See Codification note above.
1972 -- Pub. L. 92-487 inserted provision subjecting drainage
systems to the requirements of this section, substituted provisions
authorizing the Secretary to reconvey to borrowers all land or interests
in land and distribution works transferred to the United States under
the provisions of sections 421a to 421h of this title, with the proviso
relating to the amendment of the repayment contract, for provisions
requiring borrowers, prior to the consummation of any loan, to transfer
to the United States any lands or interests in lands presently held or
acquired in the future which the Secretary finds necessary for the
construction, operation, or maintenance of distribution systems, with
title to all such lands, etc., subject to retransfer to the borrower by
the Secretary upon repayment of the loan, to remain in the United
States, and struck out provisions which restricted applicability of
provisions to provisions relating to Federal reclamation laws.
1956 -- Act May 14, 1956, provided that the Secretary, as conditions
to loan, require borrower to account for disbursements of borrowed funds
and return for application toward amortization of the loan all funds not
expended in the construction of the distribution system, required, prior
to the consummation of any loan, the transfer to the United States of
titles to lands or interests in lands held by the borrower, and that
titles to such lands, interests, and distribution works remain in United
States until repayment, and provided for issuance of revocable permits
for the use of lands owned by United States, in lieu of the formerly
authorized actual conveyance to the districts of the rights-of-way.
43 USC 421d. Effect on existing laws
TITLE 43 -- PUBLIC LANDS
Except as otherwise provided in sections 421a to 421h of this title,
the provisions of the Federal reclamation laws, and Acts amendatory
thereto, are continued in full force and effect.
(July 4, 1955, ch. 271, 4, 69 Stat. 245; Oct. 13, 1972, Pub. L.
92-487, 86 Stat. 805.)
The Federal reclamation laws, referred to in text, include the act of
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to this chapter. For complete classification of
act June 17, 1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.
1972 -- Pub. L. 92-487 reenacted section without change.
43 USC 421e. Municipal and industrial water supply delivery and
distribution; allocation of loan funds; loan repayment contract
requirements; rate of interest
TITLE 43 -- PUBLIC LANDS
Unless otherwise provided in the Act authorizing construction of the
project, the delivery and distribution of municipal and industrial water
supplies shall be deemed to be an authorized project purpose under
sections 421a to 421h of this title, and where appropriate, an
allocation of loan funds acceptable to the Secretary shall be made
between irrigation and municipal and industrial purposes. Loan
repayment contracts shall require that the borrower pay interest on that
portion of the unamortized loan obligation (including interest during
construction) allocated in each year to municipal and industrial
purposes at the rate provided in the Act authorizing the project, or
absent such an authorized rate, at a rate determined by the Secretary of
the Treasury as of the beginning of the fiscal year in which the
contract, or contract amendment entered into pursuant to section 421f of
this title, is executed, on the basis of the computed average interest
rate payable by the Treasury upon its outstanding marketable public
obligations which are neither due nor callable for redemption for
fifteen years from date of issue, and by adjusting such average rate to
the nearest one-eighth of 1 per centum.
(July 4, 1955, ch. 271, 5, as added Oct. 3, 1972, Pub. L. 92-487, 86
Stat. 805.)
43 USC 421f. Existing loan contracts; negotiation by Secretary of
amendments
TITLE 43 -- PUBLIC LANDS
The Secretary is hereby authorized to negotiate amendments to
existing water service and irrigation distribution system loan contracts
to conform said contracts to the provisions of sections 421a to 421h of
this title.
(July 4, 1955, ch. 271, 6, as added Oct. 13, 1972, Pub. L. 92-487, 86
Stat. 805.)
43 USC 421g. Existing rights unaffected
TITLE 43 -- PUBLIC LANDS
Nothing in sections 421a to 421h of this title shall be construed to
repeal or limit the procedural and substantive requirements of sections
372 and 383 of this title.
(July 4, 1955, ch. 271, 7, as added Oct. 13, 1972, Pub. L. 92-487, 86
Stat. 806.)
43 USC 421h. Procedural and substantive requirements applicable to
works financed by loans pursuant to sections 421a to 421h of this title
TITLE 43 -- PUBLIC LANDS
Works financed by loans made under sections 421a to 421h of this
title shall be subject to all procedural and substantive requirements of
the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(July 4, 1955, ch. 271, 8, as added Oct. 13, 1972, Pub. L. 92-487, 86
Stat. 806.)
The Fish and Wildlife Coordination Act, referred to in text, is act
Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is classified
generally to sections 661 to 666c of Title 16, Conservation. For
complete classification of this Act to the Code, see Short Title note
set under section 661 of Title 16 and Tables.
The Federal Water Pollution Control Act, as amended, referred to in
text, is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally
to chapter 26 ( 1251 et seq.) of Title 33, Navigation and Navigable
Waters. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of Title 33 and Tables.
The National Environmental Policy Act of 1969, referred to in text,
is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 ( 4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
43 USC 422. Construction of dams across Yellowstone River
TITLE 43 -- PUBLIC LANDS
Where, in carrying out projects under the provisions of the national
reclamation Act it shall be necessary to construct dams in or across the
Yellowstone River in the State of Montana, the Secretary of the Interior
is hereby authorized to construct and use and operate the same in the
manner and for the purposes contemplated by said reclamation Act.
(Mar. 3, 1905, ch. 1476, 33 Stat. 1045.)
The national reclamation Act, referred to in text, probably means act
June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
the Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC SUBCHAPTER IV -- CONSTRUCTION OF SMALL PROJECTS
TITLE 43 -- PUBLIC LANDS
43 USC 422a. Declaration of purpose
TITLE 43 -- PUBLIC LANDS
The purpose of this subchapter is to encourage State and local
participation in the development of projects under the Federal
reclamation laws, with emphasis on rehabilitation and betterment of
existing projects for purposes of significant conservation of water,
energy and the environment and for purpose of water quality control, and
to provide for Federal assistance in the development of similar projects
in the seventeen western reclamation States by non-Federal
organizations.
(Aug. 6, 1956, ch. 972, 1, 70 Stat. 1044; Oct. 27, 1986, Pub. L.
99-546, title III, 302, 100 Stat. 3053.)
The Federal reclamation laws, referred to in text, are defined in
section 422b of this title.
1986 -- Pub. L. 99-546 inserted '', with emphasis on rehabilitation
and betterment of existing projects for purposes of significant
conservation of water, energy and the environment and for purpose of
water quality control,'' after ''laws''.
Section 310 of title III of Pub. L. 99-546 provided that: ''The
provisions of Sections 303 and 308 of this title (amending sections 422c
and 422h of this title) shall take effect upon enactment of this title
(Oct. 27, 1986). The provisions of sections 304(a) and 305 of this
title (amending section 422d of this title) shall be applicable to all
proposals for which final applications are received by the Secretary
after January 1, 1986. The provisions of Sections 302, 304( b), 306,
and 307 (amending sections 422a, 422d, and 422e of this title) shall be
applicable to all proposals for which draft applications are received by
the Secretary after Auguest (sic) 15, 1986.''
Section 12 of act Aug. 6, 1956, provided that: ''If any provisions
of this Act (enacting this subchapter) or the application of such
provision to any person, organization, or circumstance shall be held
invalid, the remainder of the Act and the application of such provision
to persons, organizations, or circumstances other than those as to which
it is held invalid shall not be affected thereby.''
43 USC 422b. Definitions
TITLE 43 -- PUBLIC LANDS
As used in this subchapter --
(a) The term ''construction'' shall include rehabilitation and
betterment.
(b) The term ''Federal reclamation laws'' shall mean the Act of June
17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary
thereto.
(c) The term ''organization'' shall mean a State or a department,
agency, or political subdivision thereof or a conservancy district,
irrigation district, water users' association, an agency created by
interstate compact, or similar organization which has capacity to
contract with the United States under the Federal reclamation laws.
(d) The term ''project'' shall mean (i) any complete irrigation
project, or (ii) any multiple-purpose water resource project that is
authorized or is eligible for authorization under the Federal
reclamation laws, or (iii) any distinct unit of a project described in
clause (i) and (ii) or (iv) any project for the drainage of irrigated
lands, without regard to whether such lands are irrigated with water
supplies developed pursuant to the Federal reclamation laws, or (v) any
project for the rehabilitation and betterment of a project or distinct
unit described in clauses (i), (ii), (iii), and (iv): Provided, That
the estimated total cost of the project described in clause (i), (ii),
(iii), (iv), or (v) does not exceed the maximum allowable estimated
total project cost as determined by subsection (f) hereof: Provided
further, That a project described in clause (i), (ii), or (iii) may
consist of existing facilities as distinct from newly constructed
facilities, and funds made available pursuant to this subchapter may be
utilized to acquire such facilities subject to a determination by the
Secretary that such facilities meet standards of design and construction
which he shall promulgate and that the cost of such existing facilities
represent less than fifty per centum of the cost of the project.
Nothing contained in this subchapter shall preclude the making of more
than one loan or grant, or combined loan and grant, to an organization
so long as no two such loans or grants, or combinations thereof, are for
the same project, as herein defined.
(e) The term ''Secretary'' shall mean the Secretary of the Interior.
(f) The maximum allowable estimated total project cost of a proposal
submitted during any given calendar year shall be determined by the
Secretary using the Bureau of Reclamation composite construction cost
index for January of that year with $15,000,000 as the January 1971
base.
(Aug. 6, 1956, ch. 972, 2, 70 Stat. 1044; Sept. 2, 1966, Pub. L.
89-553, 1(1), 80 Stat. 376; Nov. 24, 1971, Pub. L. 92-167, 1(1), 85
Stat. 488; Dec. 27, 1975, Pub. L. 94-181, 1(a), (b), 89 Stat. 1049.)
Act of June 17, 1902, referred to in par. (b), is popularly known as
the Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
1975 -- Subsec. (d). Pub. L. 94-181, 1(a), substituted provisions
limiting the estimated cost of the project described in cls. (i), (ii),
(iii), (iv), and (v) to the maximum allowable estimated total project
cost as determined by subsection (f) of this section, for provisions
limiting the estimated cost of such projects to $15,000,000, and
inserted proviso relating to a project described in cl. (i), (ii), or
(iii).
Subsec. (f). Pub. L. 94-181, 1(b), added subsec. (f).
1971 -- Subsec. (d). Pub. L. 92-167 redefined the size and character
of projects which are eligible for approval under the program,
increasing money limitation from $1,000,000 to $15,000,000 and making
projects eligible, without being only for irrigation, for single purpose
irrigation, single purpose drainage, multiple purpose, a distinct unit
of the foregoing, or rehabilitation of any of the foregoing.
1966 -- Subsec. (d). Pub. L. 89-553 raised from $5,000,000 to
$6,500,000 the maximum amount for a loan or grant for a particular
project.
Section 2 of Pub. L. 89-553 provided that: ''Nothing contained in
this Act (amending this section and sections 422d, 422e, 422h, and 422j
of this title) shall be applicable to or affect in any way the terms on
which any loan or grant has been made prior to the effective date of
this Act (Sept. 2, 1966).''
43 USC 422c. Proposals; submission; payment for cost of examination
TITLE 43 -- PUBLIC LANDS
Any organization desiring to avail itself of the benefits provided in
this subchapter shall submit a proposal therefor to the Secretary in
such form and manner as he shall prescribe. Each such proposal shall be
accompanied by a payment of $5,000 to defray, in part, the cost of
examining the proposal.
(Aug. 6, 1956, ch. 972, 3, 70 Stat. 1044; Oct. 27, 1986, Pub. L.
99-546, title III, 303, 100 Stat. 3053.)
1986 -- Pub. L. 99-546 substituted ''$5,000'' for ''$1,000''.
43 USC 422d. Contents of proposals
TITLE 43 -- PUBLIC LANDS
(a) Plans and estimates; review by States; allocation of capital
costs
Any proposal with respect to the construction of a project which has
not theretofore been authorized for construction under the Federal
reclamation laws shall set forth, among other things, a plan and
estimated cost in detail comparable to those included in
preauthorization reports required for a Federal reclamation project;
shall have been submitted for review by the States of the drainage basin
in which the project is located in like manner as provided in section
701-1(c) of title 33, except that the review may be limited to the State
or States in which the project is located if the proposal is one solely
for rehabilitation and betterment of an existing project; and shall
include a proposed allocation of capital costs to functions such that
costs for facilities used for a single purpose shall be allocated to
that purpose and costs for facilities used for more than one purpose
shall be so allocated among the purposes served that each purpose will
share equitably in the costs of such joint facilities. The costs of
means and measures to prevent loss of and damage to fish and wildlife
resources shall be considered as project costs and allocated as may be
appropriate among project functions.
(b) Lands and water rights; ownership; financing
(1) Every such proposal shall include a showing that the organization
already holds or can acquire all lands and interests in land (except
public and other lands and interests in land owned by the United States
which are within the administrative jurisdiction of the Secretary and
subject to disposition by him) and rights, pursuant to applicable State
law, to the use of water necessary for the successful construction,
operation, and maintenance of the project and that it is ready, able,
and willing to finance otherwise than by loan and grant of Federal funds
such portion of the cost of the project (which portion shall include all
costs of acquiring lands, interests in land, and rights to the use of
water), except as provided in section 422e(b)(2) of this title as the
Secretary shall have advised is proper in the circumstances.
(2) The Secretary shall require each organization to contribute
toward the cost of the project (other than by loan and/or grant of
Federal funds) an amount equal to 25 percent or more of the allowable
estimated cost of the project: Provided, That the Secretary, at his
discretion, may reduce the amount of such contribution to the extent
that he determines that the organization is unable to secure financing
from other sources under reasonable terms and conditions, and shall
include letters from lenders or other written evidence in support of any
funding of an applicant's inability to secure such financing in any
project proposal transmitted to the Congress: Provided further, That
under no circumstances shall the Secretary reduce the amount of such
contribution to less than 10 percent of the allowable estimated total
project costs. In determining the amount of the contribution as
required by this paragraph, the Secretary shall credit toward that
amount the cost of investigations, surveys, engineering, and other
services necessary to the preparation of proposals and plans for the
project as required by the Secretary, and the costs of lands and
rights-of-way required for the project, and the $5,000 fee described in
section 422c of this title. In determining the allowable estimated cost
of the project, the Secretary shall not include the amount of grants
accorded to the organization under section 422e(b) of this title.
(c) Transmittal of findings and approval to Congress; certification
of soil survey; reservation of land
At such time as a project is found by the Secretary and the Governor
of the State in which it is located (or an appropriate State agency
designated by him) to be financially feasible, is determined by the
Secretary to constitute a reasonable risk under the provisions of this
subchapter, and is approved by the Secretary, such findings and approval
shall be transmitted to the Congress. Each project proposal transmitted
by the Secretary to the Congress shall include a certification by the
Secretary that an adequate soil survey and land classification has been
made, or that the successful irrigability of those lands and their
susceptibility to sustained production of agricultural crops by means of
irrigation has been demonstrated in practice. Such proposal shall also
include an investigation of soil characteristics which might result in
toxic or hazardous irrigation return flows. The Secretary, at the time
of submitting the project proposal to Congress or at the time of his
determination that the requested project constitutes a reasonable risk
under the provisions of this subchapter, may reserve from use or
disposition inimical to the project any lands and interests in land
owned by the United States which are within his administrative
jurisdiction and subject to disposition by him and which are required
for use by the project. Any such reservation shall expire at the end of
two years unless the contract provided for in section 422e of this title
shall have been executed.
(d) Amount of loan and/or grant; increase by Secretary
At the time of his submitting the project proposal to the Congress,
or at any subsequent time prior to completion of construction of the
project, including projects heretofore approved, the Secretary may
increase the amount of the requested loan and/or grant to an amount
within the maximum allowed by section 422e(a) of this title, as amended
by Pub. L. 94-181, to compensate for increases in construction costs
due to price escalation.
(e) Appropriation; nonapplicability
No appropriation shall be made for financial participation in any
such project prior to sixty calendar days (which sixty days, however,
shall not include days on which either the House of Representatives or
the Senate is not in session because of an adjournment of more than
three calendar days to a day certain) from the date on which the
Secretary's findings and approval are submitted to the Congress and then
only if, within said sixty days, neither the House nor the Senate
Interior and Insular Affairs Committee disapproves the project proposal
by committee resolution. The provisions of this subsection (e) shall
not be applicable to proposals made under section 422f of this title.
(f) Consideration of financial feasibility, emergency, or urgent
need; jurisdiction and control of project works and facilities
The Secretary shall give due consideration to financial feasibility,
emergency, or urgent need for the project. All project works and
facilities constructed under this subchapter shall remain under the
jurisdiction and control of the local contracting organization subject
to the terms of the repayment contract.
(Aug. 6, 1956, ch. 972, 4, 70 Stat. 1044; June 5, 1957, Pub. L.
85-47, 1(a), (b), 71 Stat. 48; Sept. 2, 1966, Pub. L. 89-553, 1(2),
(3), 80 Stat. 376; Nov. 24, 1971, Pub. L. 92-167, 1(2), 85 Stat. 488;
Dec. 27, 1975, Pub. L. 94-181, 1(c)-(e), 89 Stat. 1049, 1050; Oct. 27,
1986, Pub. L. 99-546, title III, 304, 305, 100 Stat. 3053, 3054.)
The Federal reclamation laws, referred to in subsec. (a), are
defined in section 422b of this title.
For the amendment of section 422e(a) of this title by Pub. L.
94-181, referred to in subsec. (d), see 1975 Amendment note set out
under section 422e of this title.
1986 -- Subsec. (b)(1). Pub. L. 99-546, 304(a), designated existing
provisions as par. (1) and substituted ''grant of Federal funds'' for
''grant under this subchapter''.
Subsec. (b)(2). Pub. L. 99-546, 304(b), added par. (2).
Subsec. (c). Pub. L. 99-546, 305, inserted provisions which required
certification by Secretary relating to soil survey, land classification,
or successful irrigability, and investigation of soil for toxic or
hazardous irrigation return flows.
1975 -- Subsec. (d). Pub. L. 94-181, 1(c), (d), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 94-181, 1(d), (e), redesignated former
subsec. (d) as (e), substituted ''(e)'' for ''(d)'', and redesignated
former subsec. (e) as (f).
1971 -- Subsec. (e). Pub. L. 92-167 substituted in first sentence
''project'' for ''project, whether the proposal involves furnishing
supplemental irrigation water for an existing irrigation project,
whether the proposal involves rehabilitation of existing irrigation
project works, and whether the proposed project is primarily for
irrigation''.
1966 -- Subsec. (a). Pub. L. 89-553, 1(2), extended project costs to
include the cost of means and measures to prevent loss of and damage to
fish and wildlife resources and authorized allocation of such costs as
may be appropriate among project functions.
Subsec. (b). Pub. L. 89-553, 1(3), substituted ''cost of the
project'' for ''cost of construction'' in provision requiring that the
organization be ready, able, and willing to finance by other than loan
or grant whatever costs the Secretary advises, inserted reference to
section 422e(b)(2) of this title as an exception to the costs which the
organization must be able to finance other than by loan or grant, and
struck out proviso that the contribution by the applicant organization
shall not be required in excess of 25 per centum of the costs of the
project which, if it were being constructed as a Federal reclamation
project, would be properly allocable to reimbursable functions under
general provisions of law applicable to such projects.
1957 -- Subsec. (c). Pub. L. 85-47, 1(a), changed language
generally, and struck out provisions which authorized Secretary to
negotiate a contract as provided in section 422e of this title, with the
provision that no such contract be executed by him prior to sixty days
from date project proposal was submitted to both branches of Congress
for committee consideration, and then only if neither committee
disapproved proposal within the period, but that if both committees
approved he could execute contract, and that if either committee
disapproved, he could not proceed unless Congress approved.
Subsecs. (d), (e). Pub. L. 85-47, 1(b), added subsec. (d) and
redesignated former subsec. (d) as (e).
Committee on Interior and Insular Affairs of the Senate, referred to
in subsec. (e), abolished and replaced by Committee on Energy and
Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV
of Standing Rules of the Senate, as amended by Senate Resolution 4
(popularly cited as the ''Committee System Reorganization Amendments of
1977''), approved Feb. 4, 1977.
Amendment by sections 304(a) and 305 of Pub. L. 99-546 applicable to
all proposals for which final applications are received by Secretary
after Jan. 1, 1986, and amendment by section 304(b) of Pub. L. 99-546
applicable to all proposals for which draft applications are received by
Secretary after Aug. 15, 1986, see section 310 of Pub. L. 99-546, set
out as a note under section 422a of this title.
Amendment by Pub. L. 89-553 not to be applicable to or affect in any
way the terms on which any loan or grant was made prior to the effective
date of Pub. L. 89-553, Sept. 2, 1966, see section 2 of Pub. L.
89-553, set out as a note under section 422b of this title.
43 USC 422e. Contract requirements
TITLE 43 -- PUBLIC LANDS
Upon approval of any project proposal by the Secretary under the
provisions of section 422d of this title, he may negotiate a contract
which shall set out, among other things --
(a) the maximum amount of any loan to be made to the organization and
the time and method of making the same available to the organization.
Said loan shall not exceed the lesser of (1) two-thirds of the maximum
allowable estimated total project cost as determined by section 422b(f)
of this title, or (2) the estimated total cost of the project minus the
contribution of the local organization as provided in section 422d(b) of
this title and the amount of the grant approved;
(b) the maximum amount of any grant to be accorded the organization.
Said grant shall not exceed the sum of the following: (1) the costs of
investigations, surveys, and engineering and other services necessary to
the preparation of proposals and plans for the project allocable to fish
and wildlife enhancement or public recreation; (2) one-half the costs
of acquiring lands or interests therein to serve exclusively the
purposes of fish and wildlife enhancement or public recreation, plus the
costs of acquiring joint use lands and interests therein properly
allocable to fish and wildlife enhancement and public recreation; (3)
one-half the costs of basic public outdoor recreation facilities or
facilities serving fish and wildlife enhancement purposes exclusively;
(4) one-half the costs of construction of joint use facilities properly
allocable to fish and wildlife enhancement or public recreation; (5)
that portion of the estimated cost of constructing the project which, if
it were constructed as a Federal reclamation project, would be properly
allocable to functions, other than recreation and fish and wildlife
enhancement and flood control, which are nonreimbursable under general
provisions of law applicable to such projects; and (6) that portion of
the estimated cost of constructing the project which is allocable to
flood control and which would be nonreimbursable under general
provisions of law applicable to projects constructed by the Secretary of
the Army. /1/
(c) a plan of repayment by the organization of (1) the sums lent to
it in not more than forty years from the date when the principal
benefits of the project first become available; (2) interest, as
determined by the Secretary of the Treasury, as of the beginning of the
fiscal year in which the contract is executed, on the basis of the
average market yields on outstanding marketable obligations of the
United States with remaining periods of maturity comparable to the
applicable reimbursement period of the project, adjusted to the nearest
one-eighth of 1 percent on the unamortized balance of any portion of the
loan --
(A) which is attributable to furnishing irrigation benefits in each
particular year to land held in private ownership by a qualified
recipient or by a limited recipient, as such terms are defined in
section 390bb of this title, in excess of three hundred and twenty
irrigable acres; or,
(B) which is allocated to domestic, industrial, or municipal water
supply, commercial power, fish and wildlife enhancement, or public
recreation except that portion of such allocation attributable to
furnishing benefits to a facility operated by an agency of the United
States, which portion shall bear no interest. /1/
(d) provision for operation of the project, if a grant predicated
upon its performance of nonreimbursable functions is made, in accordance
with regulations with respect thereto prescribed by the head of the
Federal department or agency primarily concerned with those functions
and, in the event of noncompliance with such regulations, for operation
by the United States or for repayment to the United States of the amount
of any such grant;
(e) such provisions as the Secretary shall deem necessary or proper
to provide assurance of and security for prompt repayment of the loan
and interest as aforesaid. The liability of the United States under any
contract entered into pursuant to this subchapter shall be contingent
upon the availability of appropriations to carry out the same, and every
such contract shall so recite; and
(f) provisions conforming to the preference requirements contained in
the proviso to section 485h(c) of this title, if the project produces
electric power for sale.
(Aug. 6, 1956, ch. 972, 5, 70 Stat. 1046; June 5, 1957, Pub. L.
85-47, 1(c), 71 Stat. 49; Sept. 2, 1966, Pub. L. 89-553, 1(4), 80 Stat.
376; Nov. 24, 1971, Pub. L. 92-167, 1(3)-(6), 85 Stat. 488; Dec. 27,
1975, Pub. L. 94-181, 1(f), 89 Stat. 1050; Sept. 4, 1980, Pub. L.
96-336, 8(b), 94 Stat. 1065; Oct. 12, 1982, Pub. L. 97-293, title II,
223, 96 Stat. 1272; Oct. 27, 1986, Pub. L. 99-546, title III, 306, 307,
100 Stat. 3054.)
1986 -- Subsec. (b). Pub. L. 99-546, 306, struck out ''and'' before
''(5)'' and substituted ''and flood control, which are nonreimbursable
under general provisions of law applicable to such projects; and (6)
that portion of the estimated cost of constructing the project which is
allocable to flood control and which would be nonreimbursable under
general provisions of law applicable to projects constructed by the
Secretary of the Army.'' for '', which are nonreimbursable under general
provisions of law applicable to such projects: Provided, That the cost
of constructing the project as used in this subsection shall be
exclusive of the cost of lands and interests in land;''.
Subsec. (c)(1). Pub. L. 99-546, 307(a), substituted ''forty'' for
''fifty''.
Subsec. (c)(2). Pub. L. 99-546, 307(b), amended cl. (2) generally.
Prior to amendment, cl. (2) read as follows: ''interest, as determined
by the Secretary of the Treasury, as of the beginning of the fiscal year
in which the contract is executed, on the basis of the computed average
interest rate payable by the Treasury upon its outstanding marketable
public obligations, which are neither due nor callable for redemption
for fifteen years from date of issue, and by adjusting such average rate
to the nearest one-eighth of 1 per centum, on that portion of the loan
which is attributable to furnishing irrigation benefits in each
particular year to land held in private ownership by a qualified
recipient, as such term is defined in section 390bb of this title, in
excess of nine hundred and sixty irrigable acres, or by a limited
recipient, as such term is defined in section 390bb of this title, in
excess of three hundred and twenty irrigable acres; and''.
Subsec. (c)(3). Pub. L. 99-546, 307(c), struck out cl. (3) which
read as follows: ''in the case of any project involving an allocation
to domestic, industrial, or municipal water supply, commercial power,
fish and wildlife enhancement, or public recreation, interest on the
unamortized balance of an appropriate portion of the loan at a rate as
determined in (2) above; Except that portion of said allocation
attributable to furnishing benefits to a facility operated by an agency
of the United States, which portion shall bear no interest;''.
1982 -- Subsec. (c)(2). Pub. L. 97-293 substituted ''by a qualified
recipient, as such term is defined in section 390bb of this title, in
excess of nine hundred and sixty irrigable acres, or by a limited
recipient, as such term is defined in section 390bb of this title, in
excess of three hundred and twenty irrigable acres'' for ''by any one
owner in excess of one hundred and sixty irrigable acres''.
1980 -- Subsec. (c). Pub. L. 96-336 inserted ''Except that portion
of said allocation attributable to furnishing benefits to a facility
operated by an agency of the United States, which portion shall bear no
interest;'' at end of subsec. (c).
1975 -- Subsec. (a)(1). Pub. L. 94-181 substituted ''two-thirds of
the maximum allowable estimated total project cost as determined by
section 422b(f) of this title,'' for ''$10,000,000''.
1971 -- Subsec. (a)(1). Pub. L. 92-167, 1(3), substituted
''$10,000,000'' for ''$6,500,000''.
Subsec. (b)(2). Pub. L. 92-167, 1(4), substituted provision for
inclusion of one-half of land acquisition costs to serve exclusively the
purposes of fish and wildlife enhancement and public recreation, for
prior inclusion of such costs for a reservoir or other area to be
operated for fish and wildlife enhancement and public recreation
purposes and provided for inclusion of costs of acquiring joint use
lands and interests therein properly allocable to fish and wildlife
enhancement and public recreation.
Subsec. (b)(5). Pub. L. 92-167, 1(5), inserted proviso excluding from
cost of constructing projects, as used in this subsection, cost of lands
and interests in land.
Subsec. (c)(3). Pub. L. 92-167, 1(6), required reimbursable fish and
wildlife and recreation costs to be repaid with interest at rate
determined by formula set forth in subsec. (c)(2) of this section.
1966 -- Pub. L. 89-553 substituted the lesser of $6,500,000 or the
estimated total cost of the project minus the contribution of the local
organization as provided in section 422d(b) of this title and the amount
of the grant for the portion of the estimated cost of constructing the
project which, if it were being constructed as a Federal reclamation
project, would be properly allocable to reimbursable functions under
general provisions of law applicable to such projects as the maximum
amount of the loan, struck out the time and method of paying a grant to
an organization from the list of contract terms, added factors involving
fish and wildlife enhancement and public recreation to the factors
adding up to the figure comprising the maximum allowable grant, and
altered the requirements of the interest term by substituting the
computed average interest rate payable by the Treasury upon its
outstanding marketable public obligations which are neither due nor
callable for redemption for fifteen years from date of issue for the
estimate of the average annual yield to maturity, on the basis of daily
closing market bid quotations or prices during the month of May
preceding the fiscal year in which the loan is made, on all outstanding
marketable obligations of the United States having a maturity date of
fifteen or more years from May 1 of the year.
1957 -- Pub. L. 85-47 substituted ''Upon approval of any project
proposal by the Secretary under the provisions of section 422d of this
title, he may negotiate a contract which'' for ''Any contract authorized
to be negotiated under the provisions of subsection (c) of section 422d
of this title''.
Amendment by Pub. L. 99-546 applicable to all proposals for which
draft applications are received by Secretary after Aug. 15, 1986, see
section 310 of Pub. L. 99-546, set out as a note under section 422a of
this title.
Amendment by Pub. L. 89-553 not to be applicable to or affect in any
way the terms on which any loan or grant was made prior to the effective
date of Pub. L. 89-553, Sept. 2, 1966, see section 2 of Pub. L.
89-553, set out as a note under section 422b of this title.
/1/ So in original. The period probably should be a semicolon.
43 USC 422f. Proposals for projects previously authorized; waiver of
requirements; approval; negotiation of contract
TITLE 43 -- PUBLIC LANDS
Any proposal with respect to the construction of a project which has
theretofore been authorized for construction under the Federal
reclamation laws shall be made in like manner as a proposal under
section 422d of this title, but the Secretary may waive such
requirements of subsections (a) and (b) of section 422d of this title as
he finds to be duplicative of, or rendered unnecessary or impossible by,
action already taken by the United States. Upon approval of any such
proposal by the Secretary he may negotiate and execute a contract which
conforms, as nearly as may be, to the provisions of section 422e of this
title.
(Aug. 6, 1956, ch. 972, 6, 70 Stat. 1046.)
The Federal reclamation laws, referred to in text, are defined in
section 422b of this title.
43 USC 422g. Information from Federal agencies; costs
TITLE 43 -- PUBLIC LANDS
Upon request of an organization which has made or intends to make a
proposal under this subchapter, the head of any Federal department or
agency may make available to the organization any existing engineering,
economic, or hydrologic information and printed material that it may
have and that will be useful in connection with the planning, design,
construction, or operation and maintenance of the project concerned.
The reasonable cost of any plans, specifications, and other unpublished
material furnished by the Secretary pursuant to this section and the
cost of making and administering any loan under this subchapter shall,
to the extent that they would not be nonreimbursable in the case of a
project constructed under the Federal reclamation laws, be treated as a
loan and covered in the provisions of the contract entered into under
section 422e of this title unless they are otherwise paid for by the
organization.
(Aug. 6, 1956, ch. 972, 7, 70 Stat. 1047.)
The Federal reclamation laws, referred to in text, are defined in
section 422b of this title.
43 USC 422h. Planning and construction; transfer of funds
TITLE 43 -- PUBLIC LANDS
The planning and construction of projects undertaken pursuant to this
subchapter shall be subject to all procedural requirements and other
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401), as
amended (16 U.S.C. 661 et seq.). The Secretary shall transfer to the
Fish and Wildlife Service or to the National Marine Fisheries Service,
out of appropriations or other funds made available under this
subchapter, such funds as may be necessary to conduct the investigations
required to carry out the purposes of this section.
(Aug. 6, 1956, ch. 972, 8, 70 Stat. 1047; Sept. 2, 1966, Pub. L.
89-553, 1(5), 80 Stat. 377; Oct. 27, 1986, Pub. L. 99-546, title III,
308, 100 Stat. 3055.)
The Fish and Wildlife Coordination Act (48 U.S.C. 401), as amended,
referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as
amended, which is classified generally to sections 661 to 666c of Title
16, Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 661 of Title 16 and Tables.
1986 -- Pub. L. 99-546 inserted provisions which related to transfer
of funds for conduct of investigations to Fish and Wildlife Service or
to National Marine Fisheries Service.
1966 -- Pub. L. 89-553 substituted ''the Fish and Wildlife
Coordination Act, as amended'' for ''the Act of Aug. 14, 1946 (60 Stat.
1080)''.
43 USC 422i. Rules and regulations
TITLE 43 -- PUBLIC LANDS
The Secretary is authorized to perform any and all acts and to make
such rules and regulations as may be necessary or proper in carrying out
the provisions of this subchapter.
(Aug. 6, 1956, ch. 972, 9, 70 Stat. 1047.)
43 USC 422j. Appropriations; notice to Congress of receipt of
proposal; funds to initiate proposal; availability of appropriations;
reimbursement; limitations on expenditures in any single State; waiver
TITLE 43 -- PUBLIC LANDS
There are authorized to be appropriated, such sums as may be
necessary, but not to exceed $600,000,000, to carry out the provisions
of this subchapter and, effective October 1, 1986, not to exceed an
additional $600,000,000: Provided, That the Secretary shall advise the
Congress promptly on the receipt of each proposal referred to in section
422c of this title, and no contract shall become effective until
appropriated funds are available to initiate the specific proposal
covered by each contract. All such appropriations shall remain
available until expended and shall, insofar as they are used to finance
loans made under this subchapter, be reimbursable in the manner
hereinabove provided. Not more than 20 percent of the total amount of
additional funds authorized to be appropriated effective October 1,
1986, for loans and grants pursuant to this subchapter shall be for
projects in any single State: Provided, That beginning five years after
October 27, 1986, the Secretary is authorized to waive the 20 percent
limitation for loans and grants which meet the purposes set forth in
section 422a of this title: Provided further, That the decision of the
Secretary to waive the limitation shall be submitted to the Congress
together with the project proposal pursuant to section 422d(c) of this
title and shall become effective only if the Congress has not, within 60
legislative days, passed a joint resolution of disapproval for such a
waiver.
(Aug. 6, 1956, ch. 972, 10, 70 Stat. 1047; Sept. 2, 1966, Pub. L.
89-553, 1(6), 80 Stat. 377; Nov. 24, 1971, Pub. L. 92-167, 1(7), 85
Stat. 488; Dec. 27, 1975, Pub. L. 94-181, 1(g), 89 Stat. 1050; Sept.
4, 1980, Pub. L. 96-336, 8(a), 94 Stat. 1065; Oct. 27, 1986, Pub. L.
99-546, title III, 309, 100 Stat. 3055.)
''October 27, 1986,'' substituted in text for ''the date of enactment
of this Act'', meaning the date of enactment of Pub. L. 99-546, which
amended this section, rather than August 6, 1956, the date of enactment
of this section, as the probable intent of Congress.
1986 -- Pub. L. 99-546 inserted ''and effective October 1, 1986, not
to exceed an additional $600,000,000'' and inserted provisions at end
limiting allocation for projects in any single State to 20 percent of
additional funds authorized to be appropriated effective Oct. 1, 1986,
authorizing waiver of that limitation, and requiring submission of
waiver decision to Congress.
1980 -- Pub. L. 96-336 substituted ''$600,000,000'' for
''$400,000,000''.
1975 -- Pub. L. 94-181 substituted ''$400,000,000'' for
''$300,000,000''.
1971 -- Pub. L. 92-167 substituted ''$300,000,000'' for
''$200,000,000''.
1966 -- Pub. L. 89-553 substituted ''$200,000,000'' for
''$100,000,000''.
Section 8(a) of Pub. L. 96-336 provided that the amendment made by
such section 8(a) is effective Oct. 1, 1980.
43 USC 422k. Supplement to Federal reclamation laws; short title
TITLE 43 -- PUBLIC LANDS
This subchapter shall be a supplement to the Federal reclamation laws
and may be cited as the Small Reclamation Projects Act of 1956.
(Aug. 6, 1956, ch. 972, 11, 70 Stat. 1047.)
The Federal reclamation laws, referred to in text, are defined in
section 422b of this title.
43 USC 422k-1. Loan contracts for deferment of repayment installments;
amendment or supplementation
TITLE 43 -- PUBLIC LANDS
A loan contract negotiated and executed pursuant to this subchapter
may be amended or supplemented for the purpose of deferring repayment
installments in accordance with the provisions of section 485b-1(b) of
this title.
(Aug. 6, 1956, ch. 972, 13, as added Nov. 24, 1971, Pub. L. 92-167,
1(8), 85 Stat. 488.)
43 USC 422l. Application of this subchapter to Hawaii
TITLE 43 -- PUBLIC LANDS
This subchapter as heretofore and hereafter amended, shall apply to
the State of Hawaii.
(Pub. L. 86-624, 31, July 12, 1960, 74 Stat. 421.)
Section was enacted as a part of the Hawaii Omnibus Act, and not as a
part of the Small Reclamation Projects Act of 1956 which comprises this
subchapter.
43 USC SUBCHAPTER V -- ADMINISTRATION OF EXISTING PROJECTS
TITLE 43 -- PUBLIC LANDS
43 USC 423. Permanently unproductive lands; exclusion from project;
disposition of water right
TITLE 43 -- PUBLIC LANDS
All lands found by the classification made under the supervision of
the Board of Survey and Adjustments (House Document 201, 69th Congress,
1st Session, checked and modified as outlined in General Recommendations
numbered 2 and 4, Page 60 of said document), to be permanently
unproductive shall be excluded from the project and no water shall be
delivered to them after the date of such exclusion unless and until they
are restored to the project. Except as herein otherwise provided, the
water right formerly appurtenant to such permanently unproductive lands
shall be disposed of by the United States under the reclamation law:
Provided, That the water users on the projects shall have a preference
right to the use of the water: And provided further, That any surplus
water temporarily available may be furnished upon a rental basis for use
on lands excluded from the project under this section, on terms and
conditions to be approved by the Secretary of the Interior.
(May 25, 1926, ch. 383, 40, 41, 44 Stat. 647.)
Section 10 of act Aug. 13, 1953, ch. 428, 67 Stat. 568, provided
in part that: ''Nothing contained in this Act (enacting sections 451 to
451k of this title) shall be held to repeal, supersede, or supplement
the provisions for exchange and matters related thereto contained in the
Act of May 25, 1926 (44 Stat. 636), as amended and supplemented
(sections 423 to 423g and 610 of this title).''
43 USC 423a. Construction charges on permanently unproductive lands
already paid; disposition
TITLE 43 -- PUBLIC LANDS
The construction charges prior to May 25, 1926, paid on permanently
unproductive lands excluded from the project shall be applied as a
credit on charges due or to become due on any remaining irrigable land
covered by the same water-right contract or land taken in exchange as
provided in section 423c of this title. If the charges so paid exceed
the amount of all water-right charges due and unpaid, plus the
construction charges not yet due, the balance shall be paid in cash to
the holder of the water-right contract covering the land so excluded or
to the irrigation district affected; which in turn shall be charged
with the responsibility of making suitable adjustment with the
landowners involved. Should all the irrigable lands of a water-right
applicant be excluded from the project as permanently unproductive, and
no exchange be made as provided in said section, the total construction
charges paid before May 25, 1926, less any accrued charges on account of
operation and maintenance, shall be refunded in cash, the water-right
contract shall be canceled, and all liens on account of water-right
charges shall be released.
(May 25, 1926, ch. 383, 42, 44 Stat. 647.)
43 USC 423b. Suspension of payment of construction charges against
areas temporarily unproductive
TITLE 43 -- PUBLIC LANDS
The payment of all construction charges against said areas
temporarily unproductive shall remain suspended until the Secretary of
the Interior shall declare them to be possessed of sufficient productive
power properly to be placed in a paying class, whereupon payment of
construction charges against such areas shall be resumed or shall begin,
as the case may be. Any payments made on such areas shall be credited
to the unpaid balance of the construction charge on the productive area
of each unit. Such credit shall be applied on and after April 23, 1930,
which shall not be construed to require revision of accounts adjusted
before April 23, 1930, under the provisions of this section as
originally enacted. While said lands so classified as temporarily
unproductive and the construction charges against them are suspended,
water for irrigation purposes may be furnished upon payment of the usual
operation and maintenance charges, or such other charges as may be fixed
by the Secretary of the Interior the advance payment of which may be
required, in the discretion of the said Secretary. Should said lands
temporarily classed as unproductive, or any of them, in the future be
found by the Secretary of the Interior to be permanently unproductive,
the charges against them shall be charged off as a permanent loss to the
reclamation fund and they shall thereupon be treated in the same manner
as other permanently unproductive lands as provided in sections 423 to
423g and 610 of this title except that no refund shall be made of the
construction charges paid on such unproductive areas and applied as a
credit on productive areas as herein authorized.
(May 25, 1926, ch. 383, 43, 44 Stat. 647; Apr. 23, 1930, ch. 205, 46
Stat. 249.)
Section 610 of this title, referred to in text, was omitted from the
Code.
1930 -- Act Apr. 23, 1930, provided that the credit shall be applied
on or after April 23, 1930, and was not to be construed as requiring
revision of accounts adjusted before such date, and that no refund shall
be made of the charges on unproductive areas and applied as a credit on
productive areas.
43 USC 423c. Exchange of unpatented entries; entries, farms or private
lands, eliminated from project; rights not assignable; rights of
lienholders; preference to ex-service men
TITLE 43 -- PUBLIC LANDS
Settlers who have unpatented entries under any of the public land
laws embracing lands which have been eliminated from the project, or
whose entries under water rights have been so reduced that the remaining
area is insufficient to support a family, shall be entitled to exchange
their entries for other public lands within the same project or any
other existing Federal reclamation project, with credit under the
homestead laws for residence, improvement, and cultivation made or
performed by them upon their original entries and with credit upon the
new entry for any construction charges paid upon or in connection with
the original entry: Provided, That when satisfactory final proof has
been made on the original entry it shall not be necessary to submit
final proof upon the lieu entry. Any entryman whose entry or farm unit
is reduced by the elimination of permanently unproductive land shall be
entitled to enter an equal amount of available public land on the same
project contiguous to or in the vicinity of the farm unit reduced by
elimination, with all credits in this section hereinbefore specified in
lieu of the lands eliminated. Owners of private lands so eliminated
from the project may, subject to the approval of the Secretary of the
Interior, and free from all encumbrances, relinquish and convey to the
United States lands so owned and held by them, not exceeding an area of
one hundred and sixty acres, and select an equal area of vacant public
land within the irrigable area of the same or any other Federal
reclamation project, with credit upon the construction costs of the
lands selected to the extent and in the amount paid upon or in
connection with their relinquished lands, and the Secretary of the
Interior is authorized to revise and consolidate farm units, so far as
this may be made necessary or advisable, with a view to carrying out the
provisions of this section: Provided further, That the rights extended
under this section shall not be assignable: And provided further, That
in administering the provisions of this section and section 423a of this
title, the Secretary of the Interior shall take into consideration the
rights and interests of lien holders, as to him may seem just and
equitable: Provided further, That where two entrymen apply for the same
farm unit under the exchange provisions of this section, only one whom
/1/ is an ex-service man, as defined by section 438 /2/ of this title,
the ex-service man shall have a preference in making such exchange.
(May 25, 1926, ch. 383, 44, 44 Stat. 648.)
The public land laws, referred to in text, are classified generally
to this title.
Section 438 of this title, referred to in text, was repealed by act
Aug. 13, 1953, ch. 428, 10, 67 Stat. 568. For provisions giving
preference to ex-servicemen, see section 451g of this title.
Exchange provisions of this section not applicable to land purchased
under section 424a of this title, see section 424b of this title.
/1/ So in original. Probably should be ''one of whom''.
/2/ See References in Text note below.
43 USC 423d. Amendment of existing water right contracts by Secretary
of the Interior
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized, in his discretion, to
amend any existing water-right contract to the extent necessary to carry
out the provisions of sections 423 to 423g and 610 of this title, upon
request of the holder of such contract. The Secretary of the Interior,
as a condition precedent to the amendment of any existing water-right
contract, shall require the execution of a contract by a water-users'
association or irrigation district whereby such association or
irrigation district shall be required to pay to the United States,
without regard to default in the payment of charges against any
individual farm unit or tract of irrigable land, the entire charges
against all productive lands remaining in the project after the
permanently unproductive lands shall have been eliminated and the
charges against temporarily unproductive areas shall have been suspended
in the manner and to the extent authorized and directed by sections 423
to 423g and 610 of this title.
The Secretary is authorized, in his discretion, upon request of
individual water users or districts, and upon performance of the
condition precedent above set forth, to amend any existing water-right
contract to provide for increase in the time for payment of construction
charges, which have not been accrued, to the extent that may be
necessary under the conditions in each case, subject to the limitation
that there shall be allowed for repayment not more than forty years from
the date the first payment matured under the original contract, and also
to extend the time for payment of operation and maintenance or
water-rental charges due and unpaid for such period as in his judgment
may be necessary not exceeding five years, the charges so extended to
bear interest payable annually at the rate of 6 per centum per annum
until paid, and to contract for the payment of the construction charges
then due and unpaid within such term of years as the Secretary may find
to be necessary, with interest payable annually at the rate of 6 per
centum per annum until paid.
The Secretary of the Interior is authorized to complete and execute
the supplemental contract, being negotiated on May 25, 1926, and which
had, on that date, been approved as to form by the Secretary, between
the United States and the Belle Fourche Irrigation District and at the
expiration of said supplemental contract to enter into a permanent
contract on behalf of the United States with said District in accordance
with the terms of said supplemental contract.
(May 25, 1926, ch. 383, 45, 44 Stat. 648.)
Section 610 of this title, referred to in text, was omitted from the
Code.
Section constitutes a part of section 45 of act May 25, 1926. The
remainder of said section 45 (the third par. and the fourth par., except
the final proviso, which is classified as the last par. of this section)
has been omitted.
43 USC 423e. Completion of new projects or new division; execution of
contract with district as condition precedent to delivery of water;
contents of contract; cooperation of States with United States;
limitations on sale of land
TITLE 43 -- PUBLIC LANDS
No water shall be delivered upon the completion of any new project or
new division of a project until a contract or contracts in form approved
by the Secretary of the Interior shall have been made with an irrigation
district or irrigation districts organized under State law providing for
payment by the district or districts of the cost of constructing,
operating, and maintaining the works during the time they are in control
of the United States, such cost of constructing to be repaid within such
terms of years as the Secretary may find to be necessary, in any event
not more than forty years from the date of public notice hereinafter
referred to, and the execution of said contract or contracts shall have
been confirmed by a decree of a court of competent jurisdiction. Prior
to or in connection with the settlement and development of each of these
projects, the Secretary of the Interior is authorized in his discretion
to enter into agreement with the proper authorities of the State or
States wherein said projects or divisions are located whereby such State
or States shall cooperate with the United States in promoting the
settlement of the projects or divisions after completion and in the
securing and selecting of settlers. Such contract or contracts with
irrigation districts hereinbefore referred to shall further provide that
all irrigable land held in private ownership by any one owner in excess
of one hundred and sixty irrigable acres shall be appraised in a manner
to be prescribed by the Secretary of the Interior and the sale prices
thereof fixed by the Secretary on the basis of its actual bona fide
value at the date of appraisal without reference to the proposed
construction of the irrigation works; and that no such excess lands so
held shall receive water from any project or division if the owners
thereof shall refuse to execute valid recordable contracts for the sale
of such lands under terms and conditions satisfactory to the Secretary
of the Interior and at prices not to exceed those fixed by the Secretary
of the Interior; and that until one-half the construction charges
against said lands shall have been fully paid no sale of any such lands
shall carry the right to receive water unless and until the purchase
price involved in such sale is approved by the Secretary of the Interior
and that upon proof of fraudulent representation as to the true
consideration involved in such sales the Secretary of the Interior is
authorized to cancel the water right attaching to the land involved in
such fraudulent sales: Provided, however, That if excess land is
acquired by foreclosure or other process of law, by conveyance in
satisfaction of mortgages, by inheritance, or by devise, water therefor
may be furnished temporarily for a period not exceeding five years from
the effective date of such acquisition, delivery of water thereafter
ceasing until the transfer thereof to a landowner duly qualified to
secure water therefor: Provided further, That the operation and
maintenance charges on account of lands in said projects and divisions
shall be paid annually in advance not later than March 1. It shall be
the duty of the Secretary of the Interior to give public notice when
water is actually available, and the operation and maintenance charges
payable to the United States for the first year after such public notice
shall be transferred to and paid as a part of the construction payment.
(May 25, 1926, ch. 383, 46, 44 Stat. 649; July 11, 1956, ch. 563, 1,
70 Stat. 524.)
1956 -- Act July 11, 1956, authorized delivery of water for not more
than five years to excess lands acquired by foreclosure or other process
of law, by conveyance in satisfaction of mortgages, by inheritance, or
by devise.
Pub. L. 96-570, 4, Dec. 22, 1980, 94 Stat. 3340, provided that:
''The following provisions of the Federal reclamation laws shall not
apply to lands within the Imperial Irrigation District of California
after the date of enactment of this Act (Dec. 22, 1980):
''(a) section 5 of the Act entitled 'An Act appropriating the
receipts from the sale and disposal of public lands in certain States
and Territories to the construction of irrigation works for the
reclamation of arid lands', approved June 17, 1902 (43 U.S.C. 431);
''(b) section 46 of the Act entitled 'An Act to adjust water-right
charges, to grant certain other relief on the Federal irrigation
projects, and for other purposes', approved May 25, 1926 (42 U.S.C.
423e) (this section); and
''(c) any other provision of law amendatory or supplementary to
either of such sections.''
Section 3 of act July 11, 1956, provided that: ''The Secretary of
the Interior is authorized, upon request of any holder of an existing
contract under the Federal reclamation laws (Act of June 17, 1902, 32
Stat. 388, and Acts amendatory thereof or supplementary thereto), to
amend the contract to conform to the provisions of sections 1 and 2 of
this Act (amending sections 423e and 544 of this title).''
43 USC 423f. Purpose of sections 423 to 423g and 610
TITLE 43 -- PUBLIC LANDS
The purpose of sections 423 to 423g and 610 of this title is the
rehabilitation of the several reclamation projects and the insuring of
their future success by placing them upon a sound operative and business
basis, and the Secretary of the Interior is directed to administer said
sections to those ends.
(May 25, 1926, ch. 383, 48, 44 Stat. 650.)
Section 610 of this title, referred to in text, was omitted from the
Code.
43 USC 423g. Adjustment of water right charges as final adjudication on
projects and divisions named
TITLE 43 -- PUBLIC LANDS
The adjustments under sections 1 to 40, inclusive, of the Act of
Congress of May 25, 1926, 44 Statutes 636, are declared to be an
incident of the operation of the ''reclamation law,'' a final
adjudication on the projects and divisions named in such sections under
the authority contained in section 466 of this title, and shall not
after May 25, 1926, be construed to be the basis of reimbursement to the
''reclamation fund'' from the general fund of the Treasury or by the
diversion to the ''reclamation fund'' of revenue of the United States
not on May 25, 1926, required by law to be credited to such
''reclamation fund.''
(May 25, 1926, ch. 383, 50, 44 Stat. 650.)
Sections 1 to 40 of the Act of May 25, 1926, referred to in text, are
not classified to the Code.
The reclamation law, referred to in text, probably means act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 423h. Delivery of water to excess lands upon death of spouse
TITLE 43 -- PUBLIC LANDS
Where the death of a husband or wife causes lands in private
ownership to become excess lands, as that term is used in section 423e
of this title, and those lands had theretofore been eligible to receive
water from a project under the Federal reclamation laws (Act of June 17,
1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a
recordable contract under section 423e of this title, the Secretary of
the Interior is authorized to furnish water to them, without requiring
execution of such a contract, so long as they remain in the ownership of
the surviving spouse: Provided, That in the event of the remarriage of
the surviving spouse, such lands shall be governed by applicable law
without regard to the provisions of this section.
(Pub. L. 86-684, Sept. 2, 1960, 74 Stat. 732.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 424. Disposal of lands classified as temporarily or permanently
unproductive; persons who may take
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior, hereinafter styled the Secretary, is
authorized in connection with Federal irrigation projects to dispose of
vacant public lands designated under sections 423 and 423b of this
title, as temporarily unproductive or permanently unproductive to
resident farm owners, and resident entrymen on Federal irrigation
projects, in accordance with the provisions of sections 424 to 424e of
this title.
(May 16, 1930, ch. 292, 1, 46 Stat. 367.)
Hereinafter, referred to in text, means in sections 424a to 424d of
this title.
43 USC 424a. Sale of unproductive lands; terms; area purchasable;
tracts included
TITLE 43 -- PUBLIC LANDS
The Secretary is authorized to sell such lands to resident farm
owners or resident entrymen, on the project upon which such land is
located, at prices not less than that fixed by independent appraisal
approved by the Secretary, and upon such terms and at private sale or at
public auction as he may prescribe: Provided, That no such resident
farm owner or resident entryman shall be permitted to purchase under
sections 424 to 424e of this title more than one hundred and sixty acres
of such land, or an area which, together with land already owned on such
Federal irrigation project, shall exceed three hundred and twenty acres:
And provided further, That the authority given hereunder shall apply
not only to tracts wholly classified as temporarily or permanently
unproductive, but also to all tracts of public lands within Federal
irrigation projects which by reason of the inclusion of lands classified
as temporarily or permanently unproductive are found by the Secretary to
be insufficient to support a family and to pay water charges.
(May 16, 1930, ch. 292, 2, 46 Stat. 367.)
43 USC 424b. Application of certain statutes to lands sold
TITLE 43 -- PUBLIC LANDS
All ''permanently unproductive'' and ''temporarily unproductive''
land now or hereafter designated under sections 423 to 423g and 610 of
this title, shall, when sold, remain subject to sections 423 and 423b of
this title. The exchange provisions of section 423c of this title,
shall not be applicable to the land purchased under sections 424 to 424e
of this title.
(May 16, 1930, ch. 292, 3, 46 Stat. 367.)
Section 610 of this title, referred to in text, was omitted from the
Code.
43 USC 424c. Issuance of patents; recitals in patents; reservations
TITLE 43 -- PUBLIC LANDS
After the purchaser has paid to the United States all amounts due on
the purchase price of said land, a patent shall issue which shall recite
that the lands so patented have been classified in whole or in part as
temporarily or permanently unproductive, as the case may be, under
sections 423 to 423g and 610 of this title. Such patents shall also
contain a reservation of a lien for water charges when deemed
appropriate by the Secretary and reservations of coal or other mineral
rights to the same extent as patents issued under the homestead laws.
(May 16, 1930, ch. 292, 4, 46 Stat. 367.)
Section 610 of this title, referred to in text, was omitted from the
Code.
43 USC 424d. Use of moneys collected from sales, project construction
charges and water rentals respecting unproductive lands
TITLE 43 -- PUBLIC LANDS
In the absence of a contrary requirement in the contracts between the
United States and the water users organization or district assuming
liability for the payment of project construction charges, all sums
collected under sections 424 to 424e this title from the sale of lands,
from the payment of project construction charges on ''temporarily
unproductive'' or ''permanently unproductive'' lands so sold, and
(except as stated in this section) from water rentals, shall inure to
the Reclamation Fund as a credit to the construction charge payable on
May 16, 1930, by the water users under their present contracts, to the
extent of the additional expense, if any, incurred by such water users
in furnishing water to the unproductive area, while still in that
status, as approved by the Commissioner of Reclamation and the balance
as a credit to the sums heretofore written off in accordance with
sections 423 to 423g and 610 of this title. Where water rental
collections under sections 424 to 424e of this title are in excess of
the current operation and maintenance charges, the excess as determined
by the Secretary, shall, in the absence of such contrary contract
provision, inure to the Reclamation Fund as above provided, but in all
other cases the water rentals collected under sections 424 to 424e of
this title shall be turned over to or retained by the operating district
or association, where the project or part of the project from which the
water rentals were collected is being operated and maintained by an
irrigation district or water users association under contract with the
United States.
(May 16, 1930, ch. 292, 5, 46 Stat. 368.)
Section 610 of this title, referred to in text, was omitted from the
Code.
43 USC 424e. Authority of Secretary of the Interior; rules and
regulations
TITLE 43 -- PUBLIC LANDS
The Secretary of the Interior is authorized to perform any and all
acts and to make all rules and regulations necessary and proper for
carrying out the purposes of sections 424 to 424e of this title.
(May 16, 1930, ch. 292, 6, 46 Stat. 368.)
43 USC 425. Exemption of lands owned by States, etc., from acreage
limitation on receipt of irrigation benefits; determination of exempt
status
TITLE 43 -- PUBLIC LANDS
The provisions of Federal reclamation laws (Act of June 17, 1902, 32
Stat. 388, and Acts amendatory thereof and supplemental thereto) which
limit the acreage of irrigable land which may receive irrigation
benefits from, through, or by means of Federal reclamation works, shall
not be applicable to lands owned by States, political subdivisions, and
agencies thereof, so long as such lands are farmed, primarily in the
direct furtherance of a non-revenue-producing public function, as
determined by the Secretary of the Interior; and to the extent that
such lands continue to qualify for the exempted status afforded by this
section they shall not be deemed to be excess lands for any purposes
whatsoever under said reclamation laws.
(Pub. L. 91-310, 1, July 7, 1970, 84 Stat. 411.)
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
43 USC 425a. Eligibility of transferred lands owned by States, etc.,
for receipt of water from a Federal reclamation project, division, or
unit; conditions of eligibility; purchase price
TITLE 43 -- PUBLIC LANDS
Irrigable lands owned by States, political subdivisions, and agencies
thereof which do not fall within the provisions of section 425 of this
title may receive water from a Federal reclamation project, division, or
unit if a valid recordable contract for the sale of such lands within
ten years of the date of said contract has been executed under terms and
conditions satisfactory to the Secretary of the Interior but without
limitation upon selling price.
The purchasers of lands sold under the provisions of this section, or
the heirs and devisees of such purchasers, if otherwise eligible under
reclamation law to receive project water for the lands purchased, shall
not be disqualified for delivery of water by reason of the amount of the
purchase price paid for said lands.
(Pub. L. 91-310, 2, July 7, 1970, 84 Stat. 411.)
The reclamation law, referred to in text, includes the act of June
17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation
Act, and Acts amendatory thereof and supplementary thereto, classified
generally to this chapter. For complete classification of act June 17,
1902, to the Code, see Short Title note set out under section 371 of
this title and Tables.
43 USC 425b. Receipt of project water by lessees of irrigable lands
owned by States, etc.; time limitation; applicability of acreage
limitations
TITLE 43 -- PUBLIC LANDS
Lessees of irrigable lands owned by States, political subdivisions,
and agencies thereof which are held to be subject to the acreage
limitation provisions of Federal reclamation law and for which
recordable contracts to sell have not been made may receive project
water from July 7, 1970, subject to the same acreage limitation
provisions of Federal reclamation law as private landowners.
(Pub. L. 91-310, 3, July 7, 1970, 84 Stat. 411; Pub. L. 97-293,
title II, 224(d), Oct. 12, 1982, 96 Stat. 1272.)
The Federal reclamation law, referred to in text, includes the act of
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to this chapter. For complete classification of
act June 17, 1902, to the Code, see Short Title note set out under
section 371 of this title and Tables.
1982 -- Pub. L. 97-293 struck out ''for a period not to exceed
twenty-five years'' after ''may receive project water''.
43 USC SUBCHAPTER VI -- WATER RIGHT APPLICATIONS AND LAND ENTRIES
TITLE 43 -- PUBLIC LANDS
43 USC 431. Limitation as to amount of water; qualifications of
applicant
TITLE 43 -- PUBLIC LANDS
No right to the use of water for land in private ownership shall be
sold for a tract exceeding one hundred and sixty acres to any one
landowner, and no such sale shall be made to any landowner unless he be
an actual bona fide resident on such land, or occupant thereof residing
in the neighborhood of said land, and no such right shall permanently
attach until all payments therefor are made.
(June 17, 1902, ch. 1093, 5, 32 Stat. 389.)
Nonapplicability of Federal reclamation laws to lands within Imperial
Irrigation District of California, see section 4 of Pub. L. 96-570,
set out as a note under section 423e of this title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.
568.
43 USC 432. Entry under homestead laws generally
TITLE 43 -- PUBLIC LANDS
Public lands which it is proposed to irrigate by means of any
contemplated works shall be subject to entry only under the provisions
of the homestead laws, and shall be subject to the limitations, charges,
terms, and conditions herein provided: Provided, That the commutation
provisions of the homestead laws shall not apply to entries made under
this Act.
(June 17, 1902, ch. 1093, 3, 32 Stat. 388.)
This Act, referred to in text, is act June 17, 1902, popularly known
as the Reclamation Act, which is classified generally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 371 of this title and Tables.
Section is comprised of part of section 3 of act June 17, 1902.
Remainder of section 3 is classified to sections 416 and 434 of this
title.
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Grand Teton National Park, withdrawn lands within exterior boundary,
use for reclamation purposes, see section 406d-5 of Title 16,
Conservation.