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that have agreements with him entered into under section 867, for use by such schools for payments to undergraduate students for the nursing educational opportunity grants awarded to them under this part. Sums appropriated pursuant to this subsection for any fiscal year shall be available for payment to institutions until the close of the fiscal year succeeding the fiscal year for which they were appropriated. " A M O U N To r NURSING EDUCATIONAL OPrORTUNITY GRANT DETERMINATION

ANNUAL

"SEC. 862. From the funds received by it for such purpose under this part, a school of nursing which awards a nursing educational opportunity grant to a student under this part shall, for the duration of the grant, pay to that student for each academic year during which he is in need of grant aid to pursue a course of study at such school, an amount determined by the institution for such student with respect to that year, which amount shall not exceed— "(1) the lesser of $800 or one-half of the sum of the amount of student financial aid (including assistance under title IV of the Higher Education Act of 1965,hut excluding assistance under ^o us^c mi^work-study programs) provided such student by such school and loss. any assistance provided such student under any scholarship program established by a State or a private institution or organization, as determined in accordance with regulations of the Secretary, or "(2) in the case of a student who during the preceding academic year at a school of nursing received grades placing him in the upper half of his class, the amount determined under paragraph (1) plus $200. If the amount of the payment, determined pursuant to this section, for an academic year is less than $200 for any student, no payment shall be made under this part to such student for such year. The Secretary shall, subject to the foregoing limitation, prescribe for the guidance of participating institutions basic criteria or schedules (or both) for the determination of the amount of any such nursing educational opportunity grant, taking into account the objective of limiting grant aid under this part to students of exceptional financial need and such other factors, including the number of dependents in the family, as the Secretary may deem relevant. a DURATION OF NURSING EDUCATIONAL OPrORTUNlTT GRANT

"SEC. 863. The duration of a nursing educa-tional opportunity grant awarded under this part shall be the period required for completion by the recipient of his undergraduate course of study in the nursing school from which he received such grant, except that such period shall not exceed four academic years less any such period with respect to which the recipient has previously received payments under this part pursuant to a prior nursing educational opportunity grant (whether made by the same or another school of nursing). An educational opportunity grant awarded under this part shall entitle the recipient to payments only if he (1) is maintaming satisfactory progress in the course of nurse training which he is pursuing, according to the regularly prescribed standards and practices of the school of nursing from which he received the grant, and (2) is devoting essentially full time to such course of study, during the academic year, in attendance at such school. Failure to be in attendance at the school of nursing during vacation periods or periods of military service, or during other periods during which the Secretary determines in accordance with regulations that there is good cause for his nonattendance

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(during which periods he shall receive no payments) shall not be deemed contrary to clause (2) of the preceding sentence. "SELECTION OF RECIPIENTS OF NURSING EDUCATIONAL OPPORTUNITY GRANTS

"SEC. 864. (a) A n individual shall be eligible for the award of a nursing educational opportunity grant under this part at any school of nursing which has made an agreement with the Secretary pursuant to section 867 (which school is hereinafter in this part referred to as an 'eligible school'), if the individual makes application at the time and in the manner prescribed by such school. "(b) From among those eligible for nursing educational opportunity grants from a school of nursing for each fiscal year, such school shall, in accordance with the provisions of its agreement with the Secretary under section 867 and within the amounts allocated to the school for that purpose for such year under section 866, select individuals who are to be awarded such grants and determine, pursuant to section 862, the amounts to be paid to them. A school of nursing shall not award a nursing educational opportunity grant to an individual unless it determines that— " (1) he has been accepted for enrollment as a full-time student at such school or, in the case of a student already attending such school, is in good standing and in full-time attendance there as an undergraduate student; "(2) he shows evidence of academic or creative promise and capability of maintaining good standing in his course of study; "(3) he is of exceptional financial need; and "(4) he would not, but for a nursing educational opportunity grant, be financially able to pursue a course of study at such school. " A L IX) T M ENT OF N U R S I N G E D U C A T I O N A L OPPORTUNII'y GRANT FUNDS

AMONG STATES

"SEC. 865. (a) From the sums appropriated pursuant to the first sentence of section 861(b) for any fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to the amount so appropriated as the number of persons enrolled on a full-time basis in schools of nursing in such State bears to the total number of persons enrolled on a full-time basis in schools of nursing in all the States. The number of persons enrolled on a full-time basis in schools of nursing for purposes of this section shall be determined by the Secretary for the most recent year for which satisfactory data are available to him. " (b) If the total of the sums determined by the Secretary to be required under section 866 for any fiscal year for eligible schools of nursing in a State is less than the amount of the allotment to that State under paragraph (1) for that year, the Secretary may reallot the remaining amount from time to time, on such date or dates as he may fix, to other States in such manner as he determines will best assist in achieving the purposes of this part. a ALliOCATION OF ALLOTTED FUNDS TO SCHOOLS OF NURSING

"SEC. 866. (a) The Secretary shall from time to time set dates by which eligible schools of nursing in any State must file applications for allocation to such schools of nursing educational opportunity grant funds from the allotment to that State (including any reallotment thereto) for any fiscal year pursuant to section 865(a), to be used for

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the purposes specified in the first sentence of section 861(b). Such allocations shall be made in accordance with equitable criteria which the Secretary shall establish and which shall be designed to achieve such distribution of such funds among eligible schools of nursing within a State as will most effectively carry out the purposes of this part. " (b) Payment shall be made from allocations under this section to schools of nursing as needed. u AGREEMENTS WITH SCHOOLS OF NURSING

CONDITIONS

"SEC. 867. A school of nursing, which desires to obtain funds for nursing education opportunity grants under this part, shall enter into an agreement with the Secretary. Such agreement shall— " (1) provide that funds received by the school under this part will be used by it only for the purposes specified in, and in accordance with, the provisions of this part; "(2) provide that in determining whether an individual meets the requirements of section 864(b)(3) the school will (A) consider the source of such individual's income and that of any individual or individuals upon whom the student relies primarily for support, and (B) make an appropriate review of the assets of the student and of such individuals; "(8) provide that the school, in cooperation with other schools of nursing where appropriate, wnll make vigorous efforts to identify qualified youth of exceptional financial need and to encourage them to continue their education in the field of nursing beyond the secondary school through programs and activities such as— " (A) establishing or strengthening close working relationships with secondary-school principals and guidance counseling personnel with a view toward motivating studies to complete secondary school and pursue post-secondary-school nursing educational opportunities, and " (B) making, to the extent feasible, conditional commitments for nursing educational opportunity grants to qualified secondary school students with special emphasis on students enrolled in grade 11 or lower grades who show evidences of academic or creative promise; "(4) provide assurance that the school wnll continue to spend in its own scholarship and student-aid program, from sources other than funds received under this part, not less than the average expenditure per year made for that purpose during the most recent period of three fiscal years preceding the effective date of the agreement; "(5) include provisions designed to make nursing educational opportunity grants under this part reasonably available (to the extent of available funds) to all eligible students in the school in need thereof; and "(6) include such other provisions as may be necessary to protect the financial interest of the United States and promote the purposes of this part. " CONTRACTS TO E N C O U R A G E F U L L UTILIZATION OF NURSING EDUCATIONAL

TALENT

"SEC. 868. (a) To assist in achieving the purposes of this part the Secretary is authorized (without regard to section 3709 of the Revised Statutes (41 U.S.C. 5)) to enter into contracts, not to exceed $100,000

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per year, with State and local educational agencies and other public or nonprofit organizations and institutions for the purpose of— " (1) identifying qualified youths of exceptional financial need and encouraging them to complete secondary school and undertake post-secondary educational training in the field of nursing, or "(2) publicizing existing forms of financial aid for nursing students, including aid furnished under this part. " (b) There are h e r ^ y authorized to be appropriated such sums as may be necessary to carry out this section. uDEFINITION

OF ACADEMIC YEAR

"SEC. 869. As used in this part, the term 'academic year' means an academic year or its equivalent as defined in regulations of the Secretary." REORGANIZATION P L A N N U M B E R E D 3 OF 1966 Post,

p. 1610.

SEC. 9. The amendments made by this Act shall be subject to the provisions of Reorganization Plan Numbered 3 of 1966. Approved November 3, 1966, 12:19 p.m. Public Law 89-752

November 3, 1966 [H. R. 14644]

Higher Education Amendments of 1966.

AN ACT To amend the Higher Education Facilities Act of 1963, the Higher Education Act of 1965, and the National Defense Education Act of 1958.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited,as the "Higher Education Amendments of 1966". E X T E N S I O N OF GRANTS FOR CONSTRUCTION OF UNDERGRADUATE ACADEMIC F A C I L I T I E S

77 Stat. 364. 20 USC 7 1 1.

SEC. 2. (a) Section 101(a) of the Higher Education Facilities Act of 1963 is amended by striking out "four succeeding fiscal years" and inserting in lieu thereof "seven succeeding fiscal years". (b) Section 101(b) of such Act is amended to read as follows: " (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $230,000,000 for the fiscal year ending June 30, 1964, and for the succeeding fiscal year, $460,000,000 for the fiscal year ending June 30, 1966, $475,000,000 for the fiscal year ending June 30, 1967, $728,000,000 for the fiscal year ending June 30, 1968, and $936,000,000 for the fiscal year ending June 30, 1969; but for the fiscal year ending June 30, 1970, and the succeeding fiscal year, only such sums may be appropriated as Congress may hereafter authorize by law. I n addition to the sums authorized to be appropriated for each fiscal year for which an appropriation is authorized by the preceding sentence, there is hereby authorized to be appropriated for that fiscal year for making such grants the difference (if any) between any specific sums authorized to be appro-

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priated under the preceding sentence for the preceding fiscal year and the sums which were appropriated for such preceding year under such sentence." (c) Section 102 of such Act is amended to read as follows:

1241

20 USC 712.

"ALLOTMENTS

"SEC. 102. The following percentage of the funds appropriated pursuant to section 101 for a fiscal year shall be allotted among the States in the manner prescribed by section 103 for use in providing academic facilities for public community colleges and public technical institutes: "(1) In the case of fiscal years ending before July 1, 1967, 22 per centum. "(2) In the case of the fiscal year ending June 30, 1968, 23 per centum. "(3) I n the case of fiscal years ending after June 30, 1968, 24 per centum. The remainder of the funds so appropriated for any fiscal year shall be allotted among the States in the manner as prescribed in section 104 for use in providing academic facilities for institutions of higher education other than public community colleges and public technical institutes." (d) Sections 103(c) and 104(c) of such Act (re]a,ting to the reallotment of appropriations) are each amended by striking out "for the fiscal j e a r ending June 30, 1965, and the succeeding fiscal year," and inserting in lieu mereof "for any fiscal year".

20 USC 713,714.

P A Y M E N T S FOR ADMINISTRATIVE E X P E N S E S A N D FOR P L A N N I N G

SEC. 3. (a) Subsection (b) of section 105 of the Higher Education Facilities Act of 1963 is amended to read as follows: ^^ ^*|^- ^ej. " (b) The Commissioner is authorized to expend not exceeding $3,000,000 during the fiscal years ending June 30, 1965, and June 30, 1966, and not exceeding $7,000,000 for the fiscal year ending June 30, 1967, and each of the two succeeding fiscal years, in such amounts as he may consider necessary (1) for the proper and efficient administration of the State plans approved under this title, and under part A of title VI of the Higher Education Act of 1965, including expenses which ^^ ^^^ ^^^ei. he determines were necessary for the preparation of such plans, and 1129. (2) for grants, upon such terms and conditions as the Commissioner determines will best further the purposes of this Act, to State commissions for conducting, either directly or through other appropriate «gencies and institutions, comprehensive planning to determine the construction needs of institutions (and particularly combinations and regional groupings of institutions) of higher education. Not more than $3,000,000 may be expended in any fiscal year for the purposes set forth in clause (1). For the fiscal year ending June 30, 1970, and the succeeding fiscal year, the Commissioner may expend for purposes of this subsection only such sums as Congress may hereafter authorize by law." (b) Section 601 of the Higher Education Act of 1965 is amended (1) by striking out subsection (d) thereof and by redesignating subsection (e) as subsection (d), and (2) by striking out "subsections (b), (c), and (d) " in the subsection redesignated as subsection (d) and inserting in lieu thereof "subsections (b) and (c)".

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EXTENSION OF GRANTS FOR CONSTRUCTION OF GRADUATE ACADEMIC F A C I L I T I E S; E X T E N D I N G A V A I L A B I L I T Y O F APPROPRIATIONS

20 USC 731.

SJ,^^ 4^ Section 201 of the Higher Education Facilities Act of 1963 is amended to read as follows: a APPROPRIATIONS AUTHORIZED

"SEC. 201. I n order to increase the supply of highly qualified personnel critically needed by the community, industry, government, research, and teaching, the Commissioner shall, during the fiscal year ending June 30, 1964, and each of the seven succeeding fiscal years, make construction grants to assist institutions of higher education to improve existing graduate schools and cooperative graduate centers, and to assist in the establishment of graduate schools and cooperative graduate centers of excellence. For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $25,000,000 for the fiscal year ending June 30, 1964, the sum of $60,000,000 for the fiscal year ending June 30, 1965, the mm of $120,000,000 for the fiscal year ending June 30, 1966, the sum of $60,000,000 for the fiscal year ending June 30, 1967, and the sum of $120,000,000 for the fiscal year ending June 30, 1968, and for the succeeding fiscal year; but for the fiscal year ending June 30, 1970, and the succeeding fiscal year, only such sums may be appropriated as Congress may hereafter authorize by law. I n addition to the sums authorized to be appropriated for each fiscal year for which an appropriation is authorized by the preceding sentence, there is hereby authorized to be appropriated for that fiscal year for making such, grants the difference (if any) between any specific sums authorized to be appropriated under the preceding sentence for the preceding fiscal year and the sums which were appropriated for such preceding year under such sentence. Sums appropriated pursuant to this title for any fiscal year shall remain available for grants under this title until expended." EXTENSION OF LOANS FOR CONSTRUCTION OF ACADEMIC FACILITIES

7/sta;^\268^' 20 USC 743'.

SEC. 5. Section 303(c) of the Higher Education Facilities Act of 1963 Is amended— (1) by striking out "four" in the first sentence and inserting "seven"; (2) by striking out in the second sentence "; but for the fiscal year ending June 30, 1967," and inserting in lieu thereof ", the sum of $200,000,000 for the fiscal year ending June 30, 1967, and the sum of $400,000,000 for the fiscal year ending June 30, 1968, and for the succeeding fiscal year; but for the fiscal year ending June 30, 1970,"; and (3) by amending the third and fourth sentences to read as follows: " I n addition to the sums authorized to be appropriated for each fiscal year for which an appropriation is authorized by the preceding sentence, there is hereby authorized to be appropriated for that fiscal year, for making such loans, the difference (if any) between any specific sums authorized to be appropriated under the preceding sentence for the preceding fiscal year and the sums which were appropriated for such preceding year under such sentence. Sums appropriated pursuant to this subsection for any fiscal year shall be available without fiscal-year limitations for loans under this title."

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AMENDMENT TO DEFINITION OF DEVELOPMENT COST

SEC. 6. Subsection (c) of section 401 of the Higher Education Facilities Act of 1963 is amended (1) by inserting " (1) " immediately after " (c) ", (2) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively, (3) by redesignating subclauses (A) and (B) as subclauses (i) and (ii), respectively, and (4) by adding at the end thereof the following new paragraph: "(2) I n determining the development cost with respect to an aca,demic facility, the Commissioner may include expenditures for works of art for the facility of not to exceed 1 per centum of the total cost (including such expenditures) to the applicant of construction of, and land acquisition and site improvements for, such facility."

20 USC 751.

REPEAL OF AUTHORITY TO PRESCRIBE A S C H E D U L E OF FEES FOR CERTAIN INSPECTIONS AND RELATED ACTIVITIES

S E C 7. The Higher Education Facilities Act of 1963 is amended by striking out subsection (b) of section 304 and by redesignating subsection (c) and references thereto as subsection (b).

20 USC 744.

P R O V r o i N G T H A T ACADEMIC F A C I L I T I E S W I L L BE USABLE BY H A N D I C A P P E D PERSONS

SEC. 8. Section 401(a)(1) of the Higher Education Facilities Act of 1963 is amended by inserting after the period at the end thereof the following: "Plans for such facilities shall be in compliance with such standards as the Secretary of Health, Education, and Welfare may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this Act shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons.". REVISION OF M A I N T E N A N C E OF EFFORT REQUIREMENT FOR COLLEGE LIBRARY ASSISTANCE

SEC. 9. Effective for fiscal years beginning after June 30, 1966, clauses (a) and (b) of section 202 of the Higher Education Act of 1965 are each amended by inserting after "June 30, 1965" the following: ", or during the two fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser". TWO-YEAR E X T E N S I O N OF ASSISTANCE TO DEVELOPING

79 Stat. 1224. 20 USC 1022.

INSTITUTIONS

SEC. 10. Paragraph (1) of section 301(b) of the Higher Education Act of 1965 is amended by inserting after "June 30, 1966," the following: "the sum of $30,000,000 for the fiscal year ending June 30, 1967, and the sum of $55,000,000 for the fiscal year ending June 30, 1968,".

20 USC losi.

I N C R E A S E I N MINIMUM ADVANCES FOR RESERVE F U N D S FOR I N S U R E D LOAN PROGRAM

SEC. 11. The second sentence of section 422(b) of the Higher Education Act of 1965 is amended to read as follows: "The amount available, however, for advances to any State for each fiscal year ending prior to July 1, 1968, shall not be less than $25,000, and any additional funds

20 USC 1072.

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needed to meet this requirement shall be derived by proportionately reducing (but not below $25,000 per year) the amount available for advances to each of the remaining States." AMENDMENT TO H I G H E R EDUCATION ACT OF 1965 TO A U T H O R I Z E THE DISTRICT o r COLUMBIA TO E S T A B L I S H A LOAN INSURANCE PROGRAM FOR THE PURPOSES OF S U C H ACT A N D THE N A T I O N A L VOCATIONAL S T U D E N T LOAN INSURANCE ACT OF 1965

20 USC 1085.

SEC. 12. The Higher Education Act of 1965 is further amended by inserting after section 435 a new section as follows: " DISTRICT OF COLUMBIA S T U D E N T LOAN INSURANCE PROGRAM

79 Stat. 1037. 20 USC 981 note.

"SEC. 436. (a) The Board of Commissioners of the District of Columbia is authorized (1) to establish a student loan insurance program which meets the requirements of this title and the National Vocational Student Loan Insurance Act of 1965 for a State loan insurance program in order to enter into agreements with the Commissioner for the l)urposes of this title and such Act, (2) to enter into such agreements with the Commissioner, (3) to use amounts appropriated to such Board for the purposes of this section to establish a fund for such purposes and for expenses in connection therewith, and (4) to accept and use donations for the purposes of this section. " (b) Notwithstanding the provisions of any applicable law, if the borrower, on any loan insured under the program established pursuant to this section, is a minor, any otherwise valid note or other written agreement executed by him for the purposes of such loan shall create a binding obligation. "(c) There are authorized to be appropriated to such Board such amounts as may be necessary for the purposes of this section." STUDY TO DETERMINE M E A N S OF I M P R O VI N G LOAN INSURANCE PROGRAM

SEC. 13. The Commissioner of Education shall make an investigation and study to determine means of improving the loan insurance program pursuant to part B of title IV of the Higher Education Act of 20 USC 1^7^!^-' 1965, particularly for the purpose of making loans insured under such 1085. " program more readily available to students. The Commissioner shall Report to Pre si- report the results of such investigation and study, together with his ongress. j-Qcommendations for any legislation necessary to carry out such improvements, to the President and the Congress no later than January 1, 1968. REVISION OF M A I N ' r E N A N C E OF EFFORT REQUIREMENT FOR COLLEGE EQUIPMENT PROGRAM

20 USC 1124.

SEC. 14. Effective with respect to applications filed after December ?,o, 1966, section 604(b) of the Higher Education Act of 1965 is amended by striking out the second sentence and inserting in lieu thereof the following: "An institution of higher education shall be eligible for a grant for a project pursuant to this part in any fiscal year only if such institution will expend from current funds for instructional and library purposes, other than personnel costs, during

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such fiscal year an amount not less than the amount expended by such institution from current funds for such purposes during the previous fiscal year." INCREASE I N AUTHORIZATIONS FOR I^EDERAL C A P I T A L CONTRIBUTIONS FOR N A T I O N A L D E F E N S E S T U D E N T LOANS

S E C 15. Section 201 of the National Defense Education Act of 1958 is amended by striking out "and $195,000,000 for the fiscal year ending June 30, 1968'' and inserting in lieu thereof "and $225,000,000 for the fiscal year ending June 30, 1968".

78 Stat. noo.

LOAN C A N C E L L A T I O N FOR T E A C H I N G H A N D I C A P P E D C H I L D R E N, A N D FOR T E A C H I N G I N THE TRUST TERRITORY OF THE P A C I F I C ISLANDS

SEC. 16. (a) Section 205(b)(3) of the National Defense Education Act of 1958 is amended by striking out "and (B) for the purposes of any cancellation pursuant to clause (A) " and inserting in lieu thereof the following: " (B) such rate shall be 15 per centum for each complete academic year or its equivalent (as so determined by regulations) of service as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed or other health impaired children who by reason thereof require special education) in a public or other nonprofit elementary or secondary school system, and (C) for (he purposes of any cancellation pursuant to clause (A) or (B) ". (b) Section 103(a) of such Act is amended by inserting after "except that" the following: "(1) as used in section 205(b)(3) such term includes the Trust Territory of the Pacific Islands, and (2)". (c) The amendments made by this section shall apply with respect to teaching service performed during academic years beginning after the date of enactment of this Act, whether the loan was made before or after such enactment.

Jo us^'425^^'

^2 sta^. ^1^582. Effective date.

ASSISTANCE I N I N D U S T R I A L ARTS ADDED TO TITLE III OF N A T I O N A L D E F E N S E EDUCATION ACT OF 1958

SEC. 17. (a) Effective for fiscal years beginning after June 30, 1967, clauses (1) and (5) of section 303(a) of the National Defense Education Act of 1958 are each amended by inserting "industrial arts," after "economics,". (b) Section 301 of such Act is amended by striking out "and $100,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years" and inserting in lieu thereof "$100,000,000 for the fiscal year ending June 30, 1966, and for the succeeding fiscal year and $110,000,000 for the fiscal year ending June 30, 1968". Approved November 3, 1966.

65-300 0-67—81

^° "^^ '*'*^" ^9 Stat. 1254. ^° '^'^^^

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Public Law 89-753 November 3, 1966

[S.2947]

Clean Water Restoration Act

oTi9"66." " ""'

AN

ACT

rj^^y amend the Federal Water Pollution Control Act in order to improve and make more effective certain programs pursuant to such Act. Be it enacted by the Senate and House of Representatives of the United States of A^nerlca in Congress assembled, That this Act may be cited as the "Clean Water Restoration Act of 1966". TITLE I

75^star'2o'*4^*' 79 Stat! 903! 33 USC 466a.

"Basin."

II f^al'?P.^',

SEC. 101. Section 3 of the Federal Water Polhition Control Act, as amended, is amended by adding at the end thereof the following: "(c)(1) The Secretary shall, at the request of the Governor of a State, or a majority of the governors when more than one State is involved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a planning agency for a period not to exceed 3 years, if such agency provides for adequate representation of appropriate State, interstate, local, or (when appropriate) international, interests in the basin or portion thereof involved and is capable of developing an effective, comprehensive water quality control and abatement plan for a basin. "(2) Each planning agency receiving a grant under this subsection shall develop a comprehensive pollution control and abatement plan for the basin which— " (A) is consistent with any applicable water quality standards established pursuant to current law within the basin; " (B) recommends such treatment works and sewer systems as will provide the most effective and economical means of collection, storage, treatment, and purification of wastes and recommends means to encourage both municipal and industrial use of such works and systems; and " (C) recommends maintenance and improvement of water quality standards within the basin or portion thereof and recommends methods of adequately financing those facilities as may be necessary to implement the plan. u^g^ YoT the purposes of this subsection the term 'basin' includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof, as well as the lands drained thereby." TITLE II SEC. 201. (a) Section 6 of the Federal Water Pollution Control Act is amended to read as follows:

33 UbC 460C-1.

"GRANTS FOR RESEARCH AND DEVELOPMENT

"SEC. 6. (a) The Secretary is authorized to make grants to any State, municipality, or intermunicipal ox interstate agency for the purpose of— "(1) assisting in the development of any project which will demonstate a new or improved method of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from sewers which carry storm water or both storm water and sewage or other wastes, or "(2).assisting in the development of any project which will demonstrate advanced waste treatment and water purification methods (including the temporary use of new or improved chemical additives which provide substantial immediate improvement

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to existing treatment processes) or new or improved methods of joint treatment systems for municipal and industrial wastes, and for the purpose of reports, pLans, and specifications in connection therewith. " (b) The Secretary is authorized to make grants to persons for research and demonstration projects for prevention of pollution of waters by industry including, but not limited to, treatment of industrial waste. "(c) Federal grants under subsection (a) of this section shall be Limitations, subject to the following limitations: "(1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by the appropriate State water pollution control agency or agencies and by the Secretary; "(2) No grant shall be made for any project in an amount exceeding 75 per centum of the estimated reasonable cost thereof as determined by the Secretary; and "(8) No grant shall be made for any project under this section unless the Secretary determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a). " (d) Federal grants under susbection (b) of this section shall be subject to the following limitations: "(1) No grant shall be made under this section in excess of $1,000,000; " (2) No grant shall be made for more than 70 per centum of the cost of the project; and "(3) No grant shall be made for any project unless the Secretary determines that such project will serve a useful purpose in the development or demonstration of a new or improved method of treating industrial wastes or otherwise preventing pollution of waters by industry, which method shall have industry-wide application. "(e) For the purposes of this section there are authorized to be Appropriation. appropriated— "(1) for the fiscal year ending June 30, 1966, and for each of the next three succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purposes set forth in subsections (a) and (b) of this section, including contracts pursuant to such subsections for such purposes; "(2) for the fiscal year ending June 30, 1967, and for each of the next two succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in clause (2) of subsection (a); and "(3) for the fiscal year ending June 30, 1967, and for each of the next two succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in subsection (b)." (b) Section 5 of such Act is amended by adding at the end thereof Estuarine zones, J.1

!• n

•

1

j^'

pollution study.

the Tollowing new subsections: 7o Stat. 499; " (g)(1) The Secretary shall^ in cooperation with the Secretary of 75 Stat. 205; the Army, the Secretary of Agriculture, the Water Resources Council, ^^sl^usc °4e'ec, and with other appropriate Federal, State, interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions to, a comprehensive study of the effects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and commercial fishing, on recreation, on water supply and water power, and on other beneficial purposes. Such study shall also consider the effect of demographic trends, the exploitation of mineral

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 1248

Report to Congress.

Appropriation.

"Estuarine zones."

"Estuary."

Appropriation.

75 Stat. 205; 79 Stat. 903. 33 USC 466c.

Program g r a n t s. 33 USC 466d.

Construction grants. 70 Stat. 502; 79 Stat. 903. 33 USC 466e.

PUBLIC LAW 89-753-NOV. 3, 1966

[so STAT.

resources and fossil fuels, land and industrial development, navigation, flood and erosion control, and other uses of estuaries and estuarine zones upon the pollution of the waters therein. "(2) I n conducting the above study, the Secretary shall assemble, coordinate, and organize all existing pertinent information on the Nation's estuaries and estuarine zones; carry out a program of investigations and surveys to supplement existing information in representative estuaries and estuarine zones; and identify the problems and areas where further research and study are required. "(3) The Secretary shall submit to the Congress a final report of the study authorized by this subsection not later than three years after the date of enactment of this subsection. Copies of the report shall be made available to all interested parties, public and private. The report shall include, but not be limited to— " (A) an analysis of the importance of estuaries to the economic and social well-being of the people of the United States and of the effects of pollution upon the use and enjoyment of such estuaries; " (B) a discussion of the major economic, social, and ecological trends occurring in the estuarine zones of the Nation; " (C) recommendations for a comprehensive national program for the preservation, study, use, and development of estuaries of the Nation, and the respective responsibilities which should be assumed by Federal, State, and local governments and by public and private interests. "(4) There is authorized to be appropriated the sum of $1,000,000 per fiscal year for the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, to carry out the purposes of this subsection. "(5) For the purpose of this subsection, the term 'estuarine zones' means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and the term 'estuary' means all or part of the mouth of a navigable or interstate river or stream or other body of water having unimpaired natural connection with open sea and within which the sea water is measurably diluted with fresh water derived from land drainage. " (h) There is authorized to be appropriated to carry out this section, other than subsection (g), not to exceed $60,000,000 for the fiscal year ending June 30, 1968, and $65,00,(X)0 for the fiscal year ending June 30, 1969. Sums so appropriated shall remain available until expended.'' (c)(1) Subsection (d) of section 5 of the Federal Water Pollution Control Act is amended by striking o u t " (1) " and by striking out all of paragraph (2) of such subsection. (2) The amendment made by this subsection shall take effec^t July 1, 1967. SEC. 202. (a) Subsection (a) of section 7 of the Federal Water Pollution Control Act is amended by Striking out "and for each succeeding fiscal year to and including the fiscal year ending June 30', 1968, $5,000,000'' and inserting in lieu thereof "for each succeeding fiscal year to and including the fiscal year ending June 30, 1967, $5,000,000, and for each succeeding fiscal year to and including the fiscal year ending June 30, 1971, $10,000,000". (b) Subsection (a) of section 7 of the Federal Water Pollution Control Act is further amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "including the training of personnel of public agencies." SEC. 203. (a) Subsection (b) of section 8 of the Federal Water Pollution Control Act is amended to read as follows: " (b) Federal grants under this section shall be subject to the following limitations: (1) No grant shall be made for any project pursuant

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to this section unless such project sluill luive been approved by the appropriate State water pollution control agency or agencies and by the Secretary and unless such project is included in a comprehensive program developed pursuant to this Act; (2) no grant shall be made for any project in an amount exceeding 30 per centum of the estimated reasonable cost thereof as determined by the Secretary; (3) no grant shall be made unless the grantee agrees to pay the remaining cost; (4) no grant shall be made for any project under this section until the applicant has made provision satisfactory to the Secretary for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; and (5) no grant shall be made for any project under this section unless such project is in conformity with the State water pollution control plan submitted pursuant to the provisions of section 7 and has been certified by the y/stat^^goa^^' appropriate State water pollution control agency as entitled to priority 33 USC 466d. over other eligible projects on the basis of financial as well as water pollution control needs; (6) the percentage limitation of 30 per centum imposed by clause (2) of this subsection shall be increased to a maximum of 40 per centum in the case of grants made under this section from funds allocated for a fiscal year to a State under subsection (c) of this section if the State agrees to pay not less than 30 per centum of the estimated reasonable cost (as determined by the Secretary) of all projects for which Federal grants are to be made under this section from such allocation; (7) the percentage limitations imposed by clause (2) of this subsection shall be nicreased to a maximum of 50 per centum in the case of grants made under this section from funds allocated for a fiscal year to a State under subsection (c) of this section if the State agrees to pay not less than 25 per centum of the estimated reasonable costs (as determined by the Secretary) of all projects for which Federal grants are to be made under this section from such allocation and if enforceable water quality standards have been established for the waters into which the project discharges, in accordance with section 10(c) of this Act in the case of interstate waters, and under State law ^^^ ^*^'- ^°^' in the case of intrastate waters. 33 USC 466g. (b) The amendment made by subsection (a) of this section shall Effective date. take effect July 1, 1967. SEC. 204. The next to the last sentence of subsection (c) of section 8 of the Federal Water Pollution Control Act is amended by striking y/stat^gos"^' out the period at the end thereof and inserting in lieu thereof a comma 33 USC 466e. and the following: "except that in the case of any project on which construction was initiated in such State after June 30, 1966, which was approved by the appropriate State water pollution control agency and which the Secretary finds meets the requirements of this section but was constructed without such assistance, such allotments for any fiscal year ending prior to July 1, 1971, shall also be available for payments in reimbursement of State or local funds used for such project prior to July 1, 1971, to the extent that assistance could have been provided under this section if such project had been approved pursuant to this section and adequate funds had been available. In the case of any project on which construction was initiated in such State after June 30, 1966, and which was constructed with assistance pursuant to this section but the amount of such assistance was a lesser per centum of the cost of construction than was allowable pursuant to this section, such allotments shall also be available for payments in reimbursement of State or local funds used for such project prior to July Ij 1971, to the extent that assistance could have been provided under this section if adequate funds had been available. Neither a finding by the Secretary that a project meets the requirements of this subsection, nor any other provision of this subsection, shall be con-

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79 Stat. 903, 907. 33 USC 466e.

Enforcement provisions. 70 Stat. 504; 79 Stat. 9 0 3, 9 0 7. 33 USC 466g.

36 Stat. 2448.

62 Stat. 791.

PUBLIC LAW 89-753-NOV. 3, 1966

[80 STAT.

.strued to constitute a coniniitment or obligation of the United States to provide funds to make or pay any grant for such project." SEC. 205. Subsection (d) of section 8 of the Federal Water Pollution Control Act is amended by striking out "and $150,000,000 for the fiscal year ending Jmie 30, 1967." and inserting in lieu thereof the following: "$150,(X)0,000 for the fiscal year ending June 30, 1967; $450,000,000 for the fiscal year ending June 30, 1968; $700,000,000 for the fiscal year ending June 30, 1969; $1,000,000,000 for the fiscal year ending June 30, 1970; and $1,250,(K)0,000 for the fiscal year ending June 3 0, 197L" SEC. 206. Set-tion 10(d) of the Federal Water Pollution Control Act is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respective'ly, and by inserting immediately after paragraph (1) the following new paragraph: "(2) Whenever the Secretary, upon receipt of reports, surveys, or studies from any duly constituted international agency, has reason to believe that any pollution referred to in subsection (a) of this section which endangers the health or welfare of persons in a foreign country is occurring, and the Secretary of State requests him to abate such pollution, he shall give formal notification thereof to the State water pollution control agency of the State in which such discharge or discharges originate and to the interstate water pollution control agency, if any, and shall call promptly a conference of such agency or agencies, if he believes that such pollution is occurring in sufficient quantity to warrant such action. The Secretary, through the Secretary of State, shall invite the foreign country which may be advereely affected by the pollution to attend and participate in the conference, and the representative of such country shall, for the jmrpose of the conference and any further proceeding resulting from such conference, have all the rights of a State water pollution control agency. This paragraph shall apply only to a foreign country which the Secretary determines has given the United States essentially the same rights with respect to the prevention and control of water pollution occurring in that country as is given that country by this paragraph. Nothing in this paragraph shall be construed to modify, amend, repeal, or otherwise affect the provisions of the 1909 Boundary Waters Treaty between Canada and the United States or the Water Utilization Treaty of 1944 between Mexico and the United States (59 Stat. 1219), relative to the control and abatement of water pollution in waters covered by those treaties." SEC. 207. Section l(d)(3) of the Federal Water Pollution Control Act (as redesignated by this Act) is amended by inserting after the first sentence thereof the following: "In addition, it shall be the responsibility of the chairman of the conference to give every person contributing to the alleged pollution or affected by it an opportunity to make a full statement of his views to the conference." SEC. 208. (a) Section 10 of the Federal Water Pollution Control Act is further amended by adding at the end thereof the following new subsection: " (k)(1) At the request of a majority of the conferees in any conference called under this section the Secretary is authorized to request any person whose alleged activities result in discharges causing or contributing to water pollution, to file with him a report (in such form as may be prescribed in regulations promulgated by him) based on existing data, furnishing such information as may reasonably be requested as to the character, kind, and quantity of such discharges and the use of facilities or other means to prevent or reduce such discharges by the person filing such a report. No person shall be required in such report to divulge trade secrets or secret processes, and all information reported shall be considered confidential for the purposes of section 1905 of title 18 of the United States Code.

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. "(2) If any person required to iile any report under this subsection shall fail to do so within the time fixed by regulations for tiling the same, and such failure shall continue for thirty days after notice of such default, such person may, by order of a majority of the conferees, be subject to a forfeiture of $100 for each and every day of the continuance of such failure which forfeiture shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States brought in the district where such person has his principal oiRce or in any district in which he does business. The Secretary may upon application therefor remit or mitigate any forfeiture provided for under this subsection and he shall have authority to determine the facts upon all such applications. "(3) I t shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures." (b) Subsection (f) of section 10 of the Federal Water Pollution Control Act is amended (1) by striking out " (f) " and inserting in 7/staS^903°907 lieu thereof "(f)(1)", (2) by inserting immediately after the third 33 USC 46'6g. sentence thereof the following: " I t shall be the responsibility of the Hearing Board to give every person contributing to the alleged pollution or affected by it an opportunity to make a full statement of his views to the Hearing Board.", and (3) by adding at the end thereof the following new paragraphs: "(2) I n connection with any hearing called under this section the Secretary is authorized to require any person whose alleged activities result in discharges causing or contributing to water pollution to file with him, in such form as he may prescribe, a report based on existing data, furnishing such information as may reasonably be required as to the character, kind, and quantity of such discharges and the use of facilities or other means to prevent or reduce such discharges by the person filing such a report. Such report shall be made under oath or otherwise, as the Secretary may prescribe, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe, unless additional time be granted by the Secretary. No person shall be required in such report to divulge trade secrets or secret processes, and all information reported shall be considered confidential for the purposes of section 1905 of title 18 of the United States Code. 62stat. 791. "(3) If any person required to file any report under paragraph (2) of this subsection shall fail to do so within the time fixed by the Secretary for filing the same, and such failure shall continue for thirty days after notice of such default, such person shall forefeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where such person has his principal office or in any district in which he does business. The Secretary may upon application therefor remit or mitigate any forfeiture provided for under this paragraph and he shallhave authority to determine the facts upon all such applications. "(4) I t shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to l^rosecute for the recovery of such forfeitures." SEC. 209. Paragraph (f) of section 13 of the Federal Water Pollution Control Act is amended by striking out the period at the end 7o^o.f!Qn^,°^' thereoi and inserting in lieu thereof a comma and the following: "and 33 USC 466j. an Indian tril>e or an authorized Indian tribal organization."

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 1252 70 Stat. 507; 79 Stat. Q03. 33 USC 466 note. Cost e s t i m a t e s.

Report to Congress.

P e r s o n n e l requirements.

Report to P r e s i dent and Congress, Watercraft pollution study.

Report to Congress. Incentive assistance to industries.

Report to Congress. Oil Pollution Act, 1924, revision. Definitions.

PUBLIC LAW 89-753-NOV. 3, 1966

[80 STAT.

SEC. 210. The Federal Water Pollution Control Act, as amended, is amended by renumbering existing section 16 as section 19 and by adding immediately after section 15 the following new sections: "SEC. 16. (a) In order to provide the basis for evaluating programs authorized by this Act, the development of new programs, and to furnish the Congress with the information necessary for authorization of appropriations for fiscal years beginning after June 30, 1968, the Secretary, in cooperation with State water pollution control agencies and other water pollution control planning agencies, shall make a detailed estimate of the cost of carrying out the provisions of this Act; a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment facilities; and a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other effluent to attain such water quality standards as established pursuant to this Act or applicable State law. The Secretary shall submit such detailed estimate and such comprehensive study of such cost for the five-year period beginning July 1, 1968, to the Congress no later than January 10, 1968, such study to be updated each year thereafter. " (b) The Secretary shall also make a complete investigation and study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this Act and other programs for the same purpose as this Act, and (2) means of using existing Federal training programs to train such personnel. He shall report the results of such investigation and study to the President and the Congress not later than July 1, 1967. "SEC. 17. The Secretary of the Interior shall, in consultation with the Secretary of the Army, the Secretary of the department in which the Coast Guard is operating, the Secretary of Health, Education, and Welfare, and the Secretary of Commerce, conduct a full and complete investigation and study of the extent of the pollution of all navigable waters of the United States from litter and sewage discharged, dumped, or otherwise deposited into such waters from watercraft using such waters, and methods of abating either in whole or in part such pollution. The Secretary shall submit a report of such investigation to Congress, together with his recommendations for any necessary legislation, not later than July 1, 1967. "SEC. 18. The Secretary of the Interior shall conduct a full and complete investigation and study of methods for providing incentives designed to assist in the construction of facilities and works by industry designed to reduce or abate water pollution. Such study shall include, but not be limited to, the possible use of tax incentives as well as other methods of financial assistance. In carrying out this study the Secretary shall consult with the Secretary of the Treasury as well as the head of any other appropriate department or agency of the Federal Government. The Secretary shall report the results of such investigation and study, together with his recommendations, to the Congress not later than January 30, 1968." SEC. 211. (a) The Oil Pollution Act, 1924 (43 Stat. 604; 33 U.S.C. 431 et seq.), is amended to read as follows: "That this Act may be cited as the 'Oil Pollution Act, 1924'. "SEC. 2. When used in this Act, unless the context otherwise requires— "(1) 'oil* means oil of any kind or in any fonn, including fuel oil, sludge, and oil refuse; " (2) 'person' means an individual, company, parthership, corporation, or association; any owner, operator, master, officer, or employee of a vessel; and any officer, agent or employee of the United States;

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"(3) 'discharge- means any grossly negligent, or willful spilling, leaking, pumping, pouring, emitting, or emptying of oil; "(4) 'navigable waters of the United States' means all portions of the sea within the territorial jurisdiction of the United States, and all inland waters navigable in fact; and "(6) 'Secretary' means the Secretary of the Interior. "SEC. 3. (a) Except in case of emergency imperiling life or property. or unavoidable accident, collision, or stranding, and except as otherwise permitted by regulations prescribed by the Secretary as hereinafter authorized, it is unlawful for any person to discharge or permit the discharge from any boat or vessel of oil by any method, means, or manner into or upon the navigable waters of the United States, and adjoining shorelines of the United States. " (b) Any person discharging or permitting the discharge of oil from any boat or vessel, into or upon the navigable waters of the United States shall remove the same from the navigable waters of the United States, and.adjoining shorelines immediately. If such person fails to do so, the Secretary may remove the oil or may arrange for its removal, and such person shall be liable to the United States, in addition to the penalties prescribed in section 4 of this Act, for all costs and expenses reasonably incurred by the Secretary in removing the oil from the navigable waters of the United States, and adjoining shorelines of the United States. These costs and expenses shall constitute a lien on such boat or vessel which may be recovered in proceedings by libel in rem. " (c) The Secretary may prescribe regulations which— "(1) permit the discharge of oil from boats or vessels in such quantities under such conditions, and at such times and places as in his opinion will not be deleterious to health or marine life or a menace to navigation, or dangerous to persons or property engaged in commerce on navigable waters of the United States; and "(2) relate to the removal or cost of removal, or both, of oil from the navigable waters of the United States, and adjoining shorelines of the United States. "SEC. 4. (a) Any person who violates section 3(a) of this Act shall, upon conviction thereof, be punished by a fine not exceeding $2,500, or by imprisonment not exceeding one year, or by both such fine and imprisonment for each offense. "(b) Any boat or vessel other than a boat or vessel owmed and operated by the United States from which oil is discharged in violation of section 3(a) of this Act shall be liable for a penalty of not more than $10,000. Clearance of a boat or vessel liable for this penalty from a port of the United States may be withheld until the penalty is paid. The penalty shall constitute a lien on such boat or vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which such boat or vessel may be.

1253

Prohibitions.

Penalties.

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Enforcement provisions.

Effective date.

PUBLIC LAW 89-753-NOV. 3, 1966

[80 STAT.

"SEC. 5. The Commandant of the Coast Guard may, subject to the provisions of section 4450 of the Revised Statutes, as amended (46 TJ.S.C. 239), suspend or revoke a license issued to the master or other licensed officer of.any boat or vessel found violating the provisions of section 3 of this Act. "SEC. 6. In the administration of this Act the Secretary may, with the consent of the Commandant of the Coast Guard or the Secretary of the Army, make use of the organization, equipment, and agencies, including engineering, clerical, and other personnel, employed by the Coast Guard or the Department of the Army, respectively, for the preservation and protection of navigable waters of the United States. For the better enforcement of the provisions of this Act, the officers and agents of the United States in charge of river and harbor improvements and persons employed under them by authority of the Secretary of the Army, and persons employed by the Secretary, and officers of the Customs and Coast Guard of the United States shall have the power and authority and it shall be their duty to swear out process and to arrest and take into custody, with or without process, any person who may violate any of such provisions, except that no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid persons. Whenever any arrest is made under the provisions of this Act the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him, and such commissioner, judge or court shall proceed in respect thereto as authorized by law in oases of crimes against the United States. "SEC. 7. This Act shall be in addition to other laws for the preservation and protection of navigable waters of the United States and shall not be construed as repealing, modifying, or in any manner affecting the provisions of such laws." (b) The amendment made by subsection (a) of this section shall take effect on the thirtieth day which begins after the date of enactment of this Act. Approved November 3, 1966.

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1255

Public Law 89-754 AN ACT

November 3, 1966

To assist comprehensive city demonstration programs for rebuilding slum and blighted areas and for providing the public facilities and services necessary to improve the general welfare of the people who live in those areas, to assist and encourage planned metropolitan development, and for other purposes.

1 ^ ^^^^^ ^-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may C iDemonstration t i e s and Metbe cited as the "Demonstration Cities and Metropolitan Development ropoirta^nce Act of 1966". ''f \Tf/"* ^""^ of 1966.

TITLE I—COMPREHENSIVE CITY DEMONSTRATION PROGRAMS FINDINGS AND DECLARATION OF PURPOSE

SEC. 101. The Congress hereby finds and declares that improving the quality of urban life is the most critical domestic problem facing the United States. The persistence of widespread urban slums and blight, the concentration of persons of low income in older urban areas, and the unmet needs for additional housing and community facilities and services arising from rapid expansion of our urban population have resulted in a marked deterioration in the quality of the environment and the lives of large numbers of our people while the Nation as a whole prospers. The Congress further finds and declares that cities, of all sizes, do not have adequate resources to deal effectively with the critical problems facing them, and that Federal assistance in addition to that now authorized by the urban renewal program and other existing Federal grant-in-aid programs is essential to enable cities to plan, develop, and conduct programs to improve their physical environment, increase their supply of adequate housing for low- and moderateincome people, and provide educational and social services vital to health and welfare. The purposes of this title are to provide additional financial and technical assistance to enable cities of all sizes (with equal regard to the problems of small as well as large cities) to plan, develop, and carry out locally prepared and scheduled comprehensive city demonstration programs containing new and imaginative proposals to rebuild or revitalize large slum and blighted areas; to expand housing, job, and income opportunities; to reduce dependence on welfare payments; to improve educational facilities and programs; to combat disease and ill health; to reduce the incidence of crime and delinq^uency; to enhance recreational and cultural opportunities; to establish better access between homes and jobs; and generally to improve living conditions for the people who live in such areas, and to accomplish these objectives through the most effective and economical concentration and coordination of Federal, State, and local public and private efforts to improve the quality of urban life. BASIC AUTHORITY

SEC. 102. The Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") is authorized to make grants and provide technical assistance, as provided by this title, to enable city demonstration agencies (as defined in section 112(2)) to plan, develop, and carry out comprehensive city demonstration programs in accordance with the purposes of this title.

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PUBLIC LAW 89-754-NOV. 3, 1966

[80 STAT.

E L I G I B I L I T Y FOR ASSISTANCE

SEC. 103. (a) A comprehensive city demonstration program is eligible for assistance under sections 105 and 107 only if— (1) physical and social problems in the area of the city covered by the program are such that a comprehensive city demonstration program is necessary to carry out the policy of the Congress as expressed in section 101; (2) the program is of sufficient magnitude to make a substantial impact on the physical and social problems and to remove or arrest blight and decay in entire sections or neighborhoods; to contribute to the sound development of the entire city; to make marked progress in reducing social and educational disadvantages, ill health, underemployment, and enforced idleness; and to provide educational, health, and social services necessary to serve the poor and disadvantaged in the area, widespread citizen participation in the program, maximum opportunities for employing residents of the area in all phases of the program, and enlarged opportunities for work and training; (3) the program, including rebuilding or restoration, will contribute to a well-balanced city with a substantial increase in the supply of standard housing of low and moderate cost, maximum opportunities in the choice of housing accommodations for all citizens of all income levels, adequate public facilities (including those needed for education, health and social services, transportation, and recreation), commercial facilities adequate to serve the residential areas, and ease of access between the residential areas and centers of employment; (4) the various projects and activities to be undertaken in connection with such programs are scheduled to be initiated within a reasonably short period of time; adequate local resources are, or will be, available for the completion of the program as scheduled, and, in the carrying out of the program, the fullest utilization possible will be made of private initiative and enterprise; administrative machinery is available at the local level for carrying out the program on a consolidated and coordinated basis; substantive local laws, regulations, and other requirements are, or can be expected to be, consistent with the objectives of the program; there exists a relocation plan meeting the requirements of the regulations referred to in section 107; the local governing body has approved the program and, where appropriate, applications for assistance under the program; agencies whose cooperation is necessary to the success of the program have indicated their intent to furnish such cooperation; the program is consistent with comprehensive planning for the entire urban or metropolitan area; and the locality will maintain, during the period an approved comprehensive city demonstration program is being carried out, a level of aggregate expenditures for activities similar to those being assisted under this title which is not less than the level of aggregate expenditures for such activities prior to initiation of the comprehensive city demonstration program; and (5) the program meets such additional requirements as the Secretary may establish to carry out the purposes of this title: Provided, That the authority of the Secretary under this paragraph shall not be used to impose criteria or establish requirements except those which are related and essential to the specific provisions of this title.

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(b) 111 implementing this title the Secretary shall— (1) emphasize local initiative in the planning, development, and implementation of comprehensive city demonstration programs; (2) insure, in conjunction with other appropriate Federal departments and agencies and at the direction of the President, maximum coordination of Federal assistance provided in connection with this title, prompt response to local initiative, and maximum flexibility in programing, consistent with the requirements of law and sound administrative practice; and (3) encourage city demonstration agencies to (A) enhance neighborhoods by applying a high standard of design, (B) maintain, as appropriate, natural and historic sites and distinctive neighborhood characteristics, and (C) make maximum possible use of new and improved technology and design, including cost reduction techniques. (c) The preparation of demonstration city programs should include to the maximum extent feasible (1) the performance of analyses that provide explicit and systematic comparisons of the costs and benefits, financial and otherwise, of alternative possible actions or courses of action designed to fulfill urban needs; and (2) the establishment of programing systems designed to assure effective use of such analyses by city demonstration agencies and by other government bodies. (d) Nothing in this section shall authorize the Secretary to require (or condition the availability or amount of financial assistance authorized to be provided under this title upon) the adoption by any community of a program (1) by which pupils now resident in a school district not within the confines of the area covered by the city demonstration program shall be transferred to a school or school district including all or part of such area, or (2) by which pupils now resident in a school district within the confines of the area covered by the city demonstration program shall be transferred to a school or school district not including a part of such area. FINANCIAL

ASSISTANCE FOR P L A N N I N G C O M P R E H E N S IV E C I T Y DEMONSTRATION PROGRAMS

SEC. 104. (a) The Secretary is authorized to make grants to, and to contract with, city demonstration agencies to pay 80 per centum of the costs of planning and developing comprehensive city demonstration programs. (b) P'inancial assistance will be provided under this section only if (1) the application for such assistance has been approved by the local governing body of the city, and (2) the Secretary has determined that there exist (A) administrative machinery through which coordination of all related planning activities of local agencies can be achieved, and (B) evidence that necessary cooperation of agencies engaged in related local planning can be obtained. F I N A N C I A L A S S I S T A N C E FOR APPROVED C O M P R E H E N S IV E DEMONSTRATION PROGRAMS

CITY

SEC. 105. (a) The Secretary is authorized to approve comprehensive city demonstration programs if, after review of the plans, he determines that such plans satisfy the criteria for such programs set forth in section 103.

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PUBLIC LAW 89-754-NOV. 3, 1966

[SO STAT.

(b) The Secretary is authorized to make grants to, and to contract with, city demonstration agencies to pay 80 per centum of the cost of administering approved comprehensive city demonstration programs, but not the cost of administering any project or activity assisted under a Federal grant-in-aid program. (c) To assist the city to carry out the projects or activities included within an approved comprehensive city demonstration program, the Secretary is authorized to make grants to the city demonstration agency of not to exceed 80 per centum of the aggregate amount of non-Federal contributions otherwise required to be made to all projects or activities assisted by Federal grant-in-aid programs (as defined in section 112(1)) which are carried out in connection with such demonstration program: Provided, That no Federal grant-inaid program shall be considered to be carried out in connection with such demonstration program unless it is closely related to the physical and social problems in the area of the city covered by the program and unless it can reasonably be expected to have a noticeable effect upon such problems. The specific amount of any such grant shall take into account the number and intensity of the economic and social pressures in the sections or neighborhoods involved, such as those involving or resulting from population density, poverty levels, unemployment rate, public welfare participation, educational levels, health and disease characteristics, crime and delinquency rate, and degree of substandard and dilapidated housing. The amount of non-Federal contribution required for each project in a Federal grant-in-aid program shall be certified to the Secretary by the Federal department or agency (other than the Department of Housing and Urban Development) administering such program, and the Secretary shall accept such certification in computing the grants hereunder. (d) Grant funds provided to assist projects and activities included within an approved comprehensive city demonstration program pursuant to subsection (c) of this section shall be made available to assist new and additional projects and activities not assisted under a Federal grant-in-aid program. To the extent such funds are not necessary to support fully such new and additional projects and activities, they may be used and credited as part or all of the required non-Federal contribution to projects or activities, assisted under a Federal grantin-aid program, which are part of an approved comprehensive city demonstration program. Such grant funds, however, shall not be used— (1) for the general administration of local governments; or (2) to replace non-Federal contributions in any federally aided project or activity included in an approved comprehensive city demonstration program, if prior to the filing of an application for assistance under section 104 an agreement has been entered into with any Federal agency obligating such non-Federal contributions with respect to such project or activity. TECHNICAL

ASSISTANCE

SEC. 106. The Secretary is authorized to undertake such activities as he determines to be desirable to provide, either directly or by contracts or other arrangements, technical assistance to city demonstration agencies to assist such agencies in planning, developing, and administering comprehensive city demonstration programs.

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PUBLIC LAW 89-754-NOV. 3, 1966 RELOCATION REQUIREMENTS AND

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PAYMENTS

SEC. 107. (a) A comprehensive city demonstration program shall include a plan for the relocation of individuals, families, business concerns, and nonprofit organizations displaced or to be displaced in the carrying out of such program. The relocation plan shall be consistent with regulations prescribed by the Secretary to assure that (1) the provisions and procedures included in the plan meet relocation standards equivalent to those prescribed under section 105(c) of the Housing Act of 1949 with respect to urban renewal projects assisted ^^ ^^^ f^^^ under title I of that Act, and (2) relocation activities are coordinated to the maximum extent feasible with the increase in the supply of decent, safe, and sanitary housing for families and individuals of low or moderate income, as provided under the comprehensive city demonstration program, or otherwise, in order to best maintain the available supply of housing for all such families and individuals throughout the city. (b)(1) To the extent not otherwise authorized under any Federal law, financial assistance extended to a city demonstration agency under section 105 shall include grants to cover the full cost of relocation payments, as herein defined. Such grants shall be in addition to other financial assistance extended to such agency under section 105. o (2) The term "relocation payments" means payments by a city p a"yR eel n csa.t"i o n m t demonstration agency to a displaced individual, family, business concern, or nonprofit organization which are made on such terms and conditions and subject to such limitations (to the extent applicable, but not including the date of displacement) as are provided for relocation payments, at the time such payments are approved, by section 114 (b), (c), (d), and (e) of the Housing Act of 1949 with respect to jgl^H^^^J^^^' projects assisted under title I thereof. 42 USC MM (c) Subsection (b) shall not be applicable with respect to any displacement occurring prior to the date of the enactment of this Act. C O N T I N U E D AVAILABILITY OF FEDERAL G R A N T - I N - A I D PROGRAM F U N D S

SEC. 108. Notwithstanding any other provision of law% unless hereafter enacted expressly in limitation of the provisions of this section, funds appropriated for a Federal grant-in-aid program which are reserved for any projects or activities assisted under such grant-in-aid program and undertaken in connection with an approved comprehensive city demonstration program shall remain available until expended. CONSULTATION

SEC. 109. I n carrying out the provisions of this title, including the issuance of regulations, the Secretary shall consult with other Federal departments and agencies administering Federal grant-in-aid programs. The Secretary shall consult with each Federal department and agency affected by each comprehensive city demonstration program before entering into a commitment to make grants for such program under section 105, LABOR STANDARDS

SEC. 110. (a) All laborers and mechanics employed by contractors or subcontractors in the construction, rehabilitation, alteration, or repair of projects which— (1) are federally assisted in whole or in part under this title and

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 1260 12 USC" fmc 63 Stat. 430."' 42 USC 1416. 68 Stat. 626. 42 USC 1459.

78*sta!°'238°^^'

40 USC 327.

63 Stat. 108.

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(2) are not otherwise subject to section 212 of the National Housing Act, section 16(2) of the United States Housing Act of 1937, section 109 of the Housing Act of 1949, or any other provision of Federal law imposing labor standards on federally • j_ i ^ j.' assisted construction, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 LT.S.C. 276a—276a-5): Provided. That this section shall apply to the construction, rehabilitation, alteration, or repair of residential property only if such residential property is designed for residential use for eight or more families. No financial assistance shall be extended to any such projects unless adeqviate assurance is first obtained that these labor standards will be maintained upon the construction work. (b) The Secretary of Labor shall have, with respect to the labor standards specified in subsection (a), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267; 5 ILS.C. 133z-15), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c), and the Contract Work Hours Standards Act (76 Stat. 357). APPROPRIATIONS

SEC. 111. (a) There are authorized to be appropriated, for the purpose of financial assistance and administrative expenses under sections 104 and 106, not to exceed $12,000,000 for the fiscal year ending June 30, 1967, and not to exceed $12,000,000 for the fiscal year ending June 30, 1968. (b) There are authorized to be appropriated, for the purpose of financial assistance and administrative expenses under sections 105, 106, and 107, not to exceed $400,000,000 for the fiscal year ending June 30, 1968, and not to exceed $500,000,000 for the fiscal year ending June 30, 1969. (c) Appropriations authorized under this section shall remain available until expended. DEFINITIONS

SEC. 112. As used in this title— (1) "Federal grant-in-aid program" means a program of Federal financial assistance other than loans and other than the assistance provided by this title. (2) "City demonstration agency" means the city, the county, or any local public agency established or designated by the local governing body of such city or county to administer the comprehensive city demonstration program. (3) "City" means any municipality (or two or more municipalities acting jointly) or any county or other public body (or two or more acting jointly) having general governmental powers. (4) "Local" agencies include State agencies and instrumentalities providing services or resources to a city or locality, and "local" resources include those provided to a city or locality by a State or its agency or instrumentality. GRANT AUTHORITY FOR U R B A N R E N E W A L PROJECTS W H I C H ARE PART OF APPROVED C O M P R E H E N S IV E CITY DEMONSTRATION PROGRAMS

42 vsciisi

S E C 113. Section 103(b) of the Housing Act of 1949 is amended by inserting after the first sentence the following new sentence: "In addition to the authority to make grants provided in the first sentence of this subsection, the Secretary may contract to make grants under

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this title, on or after July 1, 1967, in an amount not to exceed $250,000,000: Provided, That the authority to contract to make grants provided by this sentence shall be exercised only with respect to an urban renewal project which is identified and scheduled to be carried out as one of the projects or activities included within an approved comprehensive city demonstration program assisted under the provisions of section 105(c) of the Demonstration Cities and Metropolitan Development Act of 1966." ^"'^' P- ^^SS. STATE

LIMIT

SEC. 114. Grants made under section 105 for projects in any one State shall not exceed in the aggregate 15 per centum of the aggregate amount of funds authorized to be appropriated under section 111.

TITLE II—PLANNED METROPOLITAN DEVELOPMENT F I N D I N G S AND DECLARATION OF PURPOSE

SEC. 201. (a) The Congress hereby finds that the welfare of the Nation and of its people is directly dependent upon the sound and orderly development and the effective organization and functioning of the metropolitan areas in which two-thirds of its people live and work. I t further finds that the continuing rapid growth of these areas makes it essential that they prepare, keep current, and carry out comprehensive plans and programs for their orderly physical development with a view to meeting efficiently all their economic and social needs. I t further finds that metropolitan areas are especially handicapped in this task by the complexity and scope of governmental services required in such rapidly growing areas, the multiplicity of political jurisdictions and agencies involved, and the inadequacy of the operational and administrative arrangements available for cooperation among them. I t further finds that present requirements for areawide planning and programing in connection with various Federal programs have materially assisted in the solution of metropolitan problems, but that greater coordination of Federal programs and additional participation and cooperation are needed from the States and localities in perfecting and carrying out such efforts. (b) I t is the purpose of this title to provide, through greater coordination of Federal programs and through supplementary grants for certain federally assisted development projects, additional encouragement and assistance to States and localities for making comprehensive metropolitan planning and programing effective. COOPERATION BETWEEN FEDERAL AGENCIES

SEC. 202. In order to insure that all Federal programs related to metropolitan development are carried out in a coordinated manner— (1) the Secretary is authorized to call upon other Federal agencies to supply such statistical data, program reports, and other materials as he deems necessary to discharge his responsibilities for metropolitan development, and to assist the President in coordinating the metropolitan development efforts of all Federal agencies; and (2) all Federal agencies which are engaged in administering programs related to metropolitan development, or which otherwise perform functions relating thereto, shallj to the maximum extent practicable, consult with and seek advice from all other 65-300 0-67—82

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significantly affected Federal departments and agencies in an effort to assure fully coordinated programs. METROPOLITAN

EXPEDITERS

SEC. 203. Upon the request of the duly authorized local officials of the central city in any metropolitan area, and after consultation with local governmental authorities throughout the metropolitan area with respect to whether or not the Secretary should make an appointment under this section (and with respect to the individuals who might be so appointed), the Secretary may appoint a metropolitan expediter for such area whenever he finds a need for the services specified in this section. The metropolitan expediter shall provide information, data, and assistance to local authorities and private individuals and entities within the metropolitan area, and to all relevant Federal departments and agencies, with respect to all programs and activities conducted within such metropolitan area by the Department of Housing and Urban Development, and with respect to other public and private activities and needs within such metropolitan area which relate to the programs and activities of the Department. COORDINATION OF FEDERAL AIDS I N METROPOLITAN AREAS

SEC. 204. (a) All applications made after June 30, 1967, for Federal loans or grants to assist in carrying out open-space land projects or for the planning or construction of hospitals, airports, libraries, water supply and distribution facilities, sewerage facilities and waste treatment works, highways, transportation facilities, and water development and land conservation projects within any metropolitan area shall be submitted for review— (1) to any areawide agency which is designated to perform metropolitan or regional planning for the area within which the assistance is to be used, and which is, to the greatest practicable extent, composed of or responsible to the elected officials of a unit of areawide government or of the units of general local government within whose jurisdiction such agency is authorized to engage in such planning, and (2) if made by a special purpose unit of local government, to the unit or units of general local government with authority to operate in the area within which the project is to be located. (b)(1) Except as provided in paragraph (2) of this subsection, each application shall be accompanied (A) by the comments and recommendations with respect to the project involved by the areawide agency and governing bodies of the units of general local government (o which the application has been submitted for review, and (B) by a statement by the applicant that such comments and recommendations have been considered prior to formal submission of the application. Such comments shall include information concerning the extent to which the project is consistent with comprehensive planning developed or in the process of development for the metropolitan area or the unit of general local government, as the case may be, and the extent to which such project contributes to the fulfillment of such planning. The comments and recommendations and the statement referred to in this paragraph shall, except in the case referred to in paragraph (2) of this subsection, be reviewed by the agency of the Federal Government to which such application is submitted for the sole purpose of assisting it in determining whether the application is in accordance with the provisions of Federal law which govern the making of the Joans or grants.

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(2) An application for a Federal loan or grant need not be accompanied by the comments and recommendations and the statements referred to in paragraph (1) of this subsection, if the applicant certifies that a plan or description of the project, meeting the requirements of such rules and regulations as may be prescribed under subsection (c), or such application, has lain before an appropriate areawide agency or instrumentality or unit of general local government for a period of sixty days without comments or recommendations thereon being made by such agency or instrumentality. (3) The requirements of paragraphs (1) and (2) shall also apply to any amendment of the application which, in light of the purposes of this title, involves a major change in the project covered by the application prior to such amendment. (c) The Bureau of the Budget, or such other agency as may be designated by the President, is hereby authorized to prescribe such rules and regulations as are deemed appropriate for the effective administration of this section. GRANTS TO ASSIST I N P L A N N E D METROPOLITAN

DEVELOPMENT

SEC. 205. (a) The Secretary is authorized to make supplementary grants to applicant State and local public bodies and agencies carrying out, or assisting in carrying out, metropolitan development projects meeting the requirements of this section. (b) Grants may be made under this section only for metropolitan development projects in metropolitan areas for which it has been demonstrated, to the satisfaction of the Secretary, that— (1) metropolitanwide comprehensive planning and programing provide an adequate basis for evaluating (A) the location, financing, and scheduling of individual public facility projects (including but not limited to hospitals and libraries; sewer, water, and sewage treatment facilities; highway, mass transit, airport, and other transportation facilities; and recreation and other open-space areas) whether or not federally assisted; and (B) other proposed land development or uses, which projects or uses, because of their size, density, type, or location, have public metropolitanwide or interjurisdictional significance; (2) adequate metropolitanwide institutional or other arrangements exist for coordinating, on the basis of such metropolitanwide comprehensive planning and programing, local public policies and activities affecting the development of the area; and (3) public facility projects and other land development or uses which have a major impact on the development of the area are, in fact, being carried out in accord with such metropolitanwide comprehensive planning and programing. (c)(1) Where the applicant for a grant under this section is a unit of general local government, it must demonstrate to the satisfaction of the Secretary that, taking into consideration the scope of its authorit;^ and responsibilities, it is adequately assuring that public facility projects and other land development or uses of public metropolitanwide or interjurisdictional significance are being, and will be, carried out in accord with metropolitan planning and programing meeting the requirements of subsection (b). In making this determination the Secretary shall ^ive special consideration to whether the applicant is effectively assisting in, and conforming to, metropolitan planning and programing through (A) the location and scheduling of public facility projects, whether or not federally assisted; and (B) the establishment and consistent administration of zoning codes, subdivision regulations, and similar land-use and density controls.

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[80 STAT.

(2) Where the applicant for a jjiaiit under this section is not a unit of general local government, both it and the tniit of general local government having jurisdiction over the location of the project must meet the requirements of this subsection. (d) In making the determinations required under this section, the Secretary shall obtain, and give full consideration to, the comments of the body or bodies (State or local) responsible for comprehensive l)lanning and programing for the metropolitan area. (e) No grant shall be made under this section with respect to a metropolitan development project for which a Federal grant has been made, or a contract of assistance has been entered into, under the legislation referred to in paragraph (2) of section 208, prior to February 21, 1966, or more than one year prior to the date on which the Secretary has made the determmations required under this section with respect to the applicant and to the area in which the project is located: Provided. That in the case of a project for which a contract of assistance under the legislation referred to in paragraph (2) of section 208 has been entered into after June 30, 1967, no grant shall be made under this section unless an application for such grant has been made on or before the date of such contract. (f) Nothing in this section shall authorize the Secretary to require (or condition the availability or amount of financial assistance authorized to be provided under this title upon) the adoption by any community of a program to achieve a racial balance or to eliminate racial imbalance within school districts within the metropolitanwide area. E X T E N To r GRANT

Restriction. Ante. p. 1258.

SEC. 206. (a) A grant under section 205 shall not exceed (1) 20 per centum of the cost of the project for which the grant is made; nor (2) the Federal grant made with respect to the project under the legislation referred to in paragraph (2) of section 208. In no case shall the total Federal contributions to the cost of such project be more than 80 per centum. Notwithstanding any other provision of law, including requirements with respect to non-Federal contributions, grants under section 205 shall be eligible for inclusion (directly or through refunds or credits) as part of the financing for such projects: Provided, That projects or activities on the basis of which assistance jg provided under section 105(c) shall not be eligible for assistance under section 205. (b) There are authorized to be appropriated for grants under section 205 not to exceed $25,000,000 for the fiscal year ending June 30, 1967, and not to exceed $50,000,000 for the fiscal year ending June 30, 1968. Appropriations authorized under this section shall remain available until expended. CONSULTATION

AND CEKTlP^lCA'l ION

SEC. 207. In carrying out his authority under section 205, including the issuance of regulations, the Secretary shall consult with the Department of the Interior; the Department of Health, Education, and Welfare; the Department of Commerce; and the Federal Aviation Agency with respect to metropolitan development projects assisted by those departments and agencies; and he shall, for the purpose of section 206, accept their respective certifications as to the cost of those projects and the amount of the non-Federal contribution paid or to be paid to that cost.

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DEFINI'nONS

SEC. 208. As used in this title— (1) "Metropolitan development" means all projects or programs for the acquisition, use, and development of open-space land; and the planning and construction of hospitals, libraries, airports, water supply and distribution facilities, sewerage facilities and waste treatment works, transportation facilities, highways, water development and land conservation, and other public works facilities. (2) "Metropolitan development project" means a project assisted or to be assisted under section 702 of the Housing and Urban Development Act of 1965; title II of the Library Services and Construction ^2 USC 3102. Act; section 606 of the Public Health Service Act; section 8 of the ssal. Federal Water Pollution Control Act; section 120(a) of title 23, 42 USC 29if. United States Code; section 12 of the Federal Airport Act; section 3 49 y^^ 1111! of the Urban Mass Transportation Act of 1964; title VII of the Hous- 49 USC 1602. ing Act of 1961; or section 5(e) of the Land and Water Conservation i6^sc46ol°8 Fund Act of 1965; or under section 101(a)(1) of the Public Works 42 USC 3131.' and Economic Development Act of 1965 (for a project of a type which the Secretary determines to be eligible fpr assistanqe under any of the other provisions listed above). (3) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or an agency or instrumentality of any of the foregoing. (4) "Metropolitan area" means a standard metropolitan statistical area as established by the Bureau of the Budget, subject however to such modifications and extensions as the Secretary may determine to be appropriate for the purposes of this title. (5) "Comprehensive planning" includes the following, to the extent directly related to area needs or needs of a unit of general local government: (A) preparation, as a guide for long-range development, of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities; (B) programing of capital improvements based on a determination of relative urgency; (C) long-range fiscal plans for implementing such plans and programs; and (D) proposed regulatory and administrative measures which aid in achieving coordination of all related plans of the departments or subdivisions of the governments concerned and intergovernmental coordination of related planned activities among the State and local governmental agencies concerned. (6) "Hospital" means any public health center or general, tuberculosis, mental, chronic disease, or other type of hospital and related facilities, such as laboratories, outpatient departments, nurses' home and training facilities, and central service facilities normally operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. (7) "Areawide agency" means an official State or metropolitan or regional agency empowered under State or local laws or under an interstate compact or agreement to perform comprehensive planning in an area; an organization of the type referred to in section 701(g) of the Housing Act of 1954; or such other agency or instrumental it v '^^ ^*^*- ^^'^• as may be designated by the (jovernor (or, in the case of metropolitan 40 USC 461. areas crossing State lines, any one or more of such agencies or instrumentalities as may be designated by the Governors of the States involved) to perform such planning.

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