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EXCERPT FROM HOUSING AND COMMUNITY DEVELOPMENT
[Public Law 95-557; 92 Stat. 2122; 42 U.S.C. 8141]
TITLE VIII-LIVABLE CITIES
SEC. 801. This title may be cited as the "Livable Cities Act of 1978."
SEC. 802. The Congress finds and declares
(1) that artistic, cultural, and historic resources, including urban design, constitute an integral part of a suitable living environment for the residents of the Nation's urban areas, and should be available to all residents of such areas, regardless of income;
(2) that the development or preservation of such resources is a significant and necessary factor in restoring and maintaining the vitality of the urban environment, and can serve as a catalyst for improving decaying or deteriorated urban communities and expanding economic opportunities, and for creating a sense of community identity, spirit, and pride; and
(3) that the encouragement and support of local initiatives to develop or preserve such resources, particularly in connection with federally assisted housing or community development activities or in communities with a high proportion of low-income residents, is an appropriate function of the Federal Government.
SEC. 803. The primary purpose of this title is to assist the efforts of States, local governments, neighborhood and other organizations to provide a more suitable living environment, expand cultural opportunities, and to the extent practicable, stimulate economic opportunities, primarily for the low and moderate income residents of communities and neighborhoods in need of conservation and revitalization, through the utilization, design or development or artistic, cultural, or historic resources.
SEC. 804. For the purpose of this title
(1) the terms "art" and "arts" include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications, media and film, as well as other similar activities which reflect the cultural heritage of the Nation's communities and their citizens;
(2) the term "nonprofit organization" means an organization in which no part of its net earnings inures to the benefit of any private stockholder or stockholders, individual or individ
uals and, if a private entity, which is not disqualified for tax exemption under section 501(c)(3) of the Internal Revenue Code of 1954 by reason of attempting to influence legislation and does not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office; such organizations may include States and units of local government (including public agencies or special authorities thereof), regional organizations of local governments and nonprofit societies, neighborhood groups, institutions, organizations, associations or museums;
(3) the term "project" means a program or activity intended to carry out the purposes of this title, including programs for neighborhood and community-based arts programs, urban design, user needs design, and the encouragement of the preservation of historic or other structures which have neighborhood or community significance;
(4) the term "Secretary" means the Secretary of Housing and Urban Development;
(5) the term "Chairman" means the Chairman of the National Endowment for the Arts;
(6) the term "Department" means the Department of Housing and Urban Development; and
(7) the term "Endowment" means the National Endowment for the Arts.
GRANTS TO OR CONTRACTS WITH ORGANIZATIONS
SEC. 805. (a) The Secretary is authorized to make grants to, or enter into contracts with, nonprofit organizations for the purpose of enabling such organizations to undertake or support in cities, urban communities, or neighborhoods, projects which the Secretary, in consultation with the Chairman, determines will carry out the purpose of this title and which
(1) have substantial artistic, cultural, historical, or design merit,
(2) represent community or neighborhood initiatives which have a significant potential for conserving or revitalizing communities or neighborhoods, and for enhancing community or neighborhood identity and pride, and
(3) meet the criteria established jointly by the Secretary and the Chairman pursuant to this section.
(b) The Secretary and the Chairman shall establish jointly crite ria and procedures for evaluating and selecting projects to be assisted under this title. Such criteria shall address, but need not be limited to
(1) artistic, cultural, historical, or design quality;
(2) the degree of broadly based, active involvement of neighborhood residents, community groups, local officals, and persons with expertise in the arts with the proposed project;
(3) the degree of or the potential for utilization or stimulation of assistance or cooperation from other Federal, State, and local public and private sources, including arts organizations;
(4) the feasibility of project implementation, including the capability of the sponsor organization;
(5) the potential contribution to neighborhood revitalization and the creation of a sense of community identity and pride; (6) the potential for stimulating neighborhood economic and community development, particularly for the benefit of persons of low and moderate income; and
(7) the potential of utilization of the project by neighborhood residents, particularly residents of low and moderate income, senior citizens, and handicapped persons.
(c) No assistance shall be made under this title except upon application therefor submitted to the Secretary in accordance with regulations and procedures established jointly by the Secretary and the Chairman.
(d) Prior to the approval of any application for assistance under this title, the Secretary shall consult with the Chairman and, in accordance with regulations and procedures established jointly by the Secretary and the Chairman, seek the recommendations of State and local officials and private citizens who have broad knowledge of, or experience or expertise in, community and economic development and revitalization, and of such officials and citizens who have broad knowledge of, or expertise in, the arts.
(e) The Secretary, in cooperation with the Chairman, shall prescribe regulations which require that specific portions of the cost of any projects assisted under this title shall be provided from sources other than funds made available under this title. Such matching requirements may vary depending on the type of applicant, and the Secretary may reduce or waive such requirements solely in order to take account of the financial capacity of the applicant.
(f) Grants and other assistance may be made available under this title only if the application contains a certification by the unit of general local government in which the project will be located that the project is consistent with and supportive of the objective of that government for the area in which the project is located.
(g) Funds made available under this title shall not be used to supplant other public or private funds.
(h) No more than 10 per centum of the funds appropriated for any fiscal year under section 807 shall be available for administrative expenses.
COORDINATION AND DEVELOPMENT OF PROGRAM WITH OTHER FEDERAL AND NONFEDERAL PROGRAMS
SEC. 806. The Secretary shall coordinate the administration of the provisions of this title in cooperation with other Federal agencies and assure that projects assisted under this title are coordinated with efforts undertaken by State and local public and private entities, including arts organizations.
AUTHORIZATION OF APPROPRIATIONS
SEC. 807. There are authorized to be appropriated for carrying out the purposes of this title not to exceed $5,000,000 for fiscal year 1979, and not to exceed $5,000,000 for fiscal year 1980. Any
amounts appropriated under this section shall remain available until expended.
Approved October 31, 1978.
NATIONAL URBAN POLICY
EXCERPT FROM HOUSING AND URBAN DEVELOPMENT ACT OF 1970
[Public Law 91-609; 84 Stat. 1791; 42 U.S.C. 4501]
TITLE VII-NATIONAL URBAN POLICY AND NEW
SHORT TITLE AND STATEMENT OF PURPOSE
SEC. 701. (a) This title may be cited as "National Urban Policy and New Community Development Act of 1970".
(b) It is the policy of the Congress and the purpose of this title to provide for the development of a national urban policy and to encourage the rational, orderly, efficient, and economic growth, development, and redevelopment of our States, metropolitan areas, cities, counties, towns, and communities in predominantly rural areas which demonstrate a special potential for accelerated growth; to encourage the prudent use and conservation of energy and our natural resources; and to encourage and support development which will assure our communities and their residents of adequate tax bases, community services, job opportunities, and good housing in well-balanced neighborhoods in socially, economically, and physically attractive living environments.
PART A-DEVELOPMENT OF A NATIONAL URBAN POLICY
FINDINGS AND DECLARATION OF POLICY
SEC. 702. (a) The Congress finds that rapid changes in patterns of urban settlement, including change in population distribution and economic bases of urban areas, have created an imbalance between the Nation's needs and resources and seriously threaten our physical and social environment, and the financial viability of our cities, and that the economic and social development of the Nation, the proper conservation of our energy and other natural resources, and the achievement of satisfactory living standards depend upon the sound, orderly, and more balanced development of all areas of the Nation.
(b) The Congress further finds that Federal programs affect the location of population, economic growth, and the character of urban development; that such programs frequently conflict and result in undesirable and costly patterns of urban development and redevelopment which adversely affect the environment and wastefully use energy and other natural resources; and that existing and future programs must be interrelated and coordinated within a system of orderly development and established priorities consistent with a national urban policy.
(c) To promote the general welfare and properly apply the resources of the Federal Government in strengthening the economic and social health of all areas of the Nation and more adequately protect the physical environment and conserve energy and other natural resources, the Congress declares that the Federal Government, consistent with the responsibilities of State and local government and the private sector, must assume responsibility for the de