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1757

authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber. MINIMUM STANDARDS FOR RESIDENTIAL STRUCTURE RESTORATION

SEC. 243. No loan or grant made by any relief organization operating under the supervision of the Director, for the repair, restoration, reconstruction, or replacement of any residential structure located in a major disaster area shall be made unless such structure will be repaired, restored, reconstructed, or replaced in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable building codes and specifications. FEDERAL FACILITIES

SEC. 251. The President may authoiize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed b j any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes. I n order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropiiated to that agency for another purpose, STATE A N D LOCAL GOVERNMENT F A C I L I T I E S

SEC. 252. (a) The President is authorized to make contributions to Federal comriState or local governments to repair, restore, reconstruct, or replace ^"*^°"^public facilities belonging to such State or local governments which were damaged or destroyed by a major disaster, except that the Federal contribution therefor shall not exceed 100 per centum of the net cost of repairing, restoring, reconstructing, or replacing any such facility on the basis of the design of such facility as it existed immediately prior to such disaster and in conformity with applicable codes, specifications, and standards. (b) I n the case of any such public facilities which were in the Limitation. process of construction when damaged or destroyed by a major disaster, the Federal contribution shall not exceed 50 per centum of the net costs of restoring such facilities substantially to their prior to such disaster condition and of completing construction not performed prior to the major disaster to the extent the increase of such cost over the original construction cost is attributable to changed conditions resulting from a major disaster. " (c) For the purposes of this section "public facility" includes any l t y.P"u b l i c f a c u flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility, any non-Federal-aid street, road, or highway, and any other public building, structure, or system, other than one used exclusively for recreation purposes.

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Rh with him and asked him who he was, Arthur replied that he was King of Britain, and had been sent to the King by his brother King Gargol, in order that the King might explain to him a matter, his ignorance of which had obliged him to approach the royal presence.

Torleil. What is it?

Arthur. I have applied my mind to investigate the heart, the nature, and the ways of women, and have been unable to find anyone to tell me what they are. Do you therefore, to whom I have been sent, instruct me in these matters, and if they are known to you, do not keep them back from me.

Torleil. Yours is a weighty question, Arthur, and there are few who know how to answer it. Wherefore, as this is not the time to discuss such matters, dismount and eat, and rest to-day, and to-morrow I will tell you what I know about them.

Arthur replied, "I shall be able to eat enough by-and-by. By my faith, I will never eat until I have learned that which I am in search of." Pressed, however, by the King and by those who were sitting at table with him, he at length reluctantly consented to dismount, and sat down at the table opposite the King. But in the morning he came to King Torleil and began to ask him to tell what he had promised. Torleil confessed that he knew absolutely nothing about the matter, and directed Arthur to his third brother. King Gorlagon, who was older than himself, telling him that he had no doubt that Gorlagon was mighty in the knowledge of the things he was inquiring into, if indeed it was certain that anyone had any knowledge of them. (5) So Arthur hastened without delay to his destined goal, and after two days reached the city where King Gorlagon dwelt, and, as it chanced, found him at dinner, as he had found the others.

After greetings had been exchanged Arthur made known who he was and why he had come, and as he kept on asking

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[84 STAT.

PRIORITY TO CERTAIN APPLICATION S FOR P U B L I C F A C I L I T Y A N D H O U S I N G ASSISTANCE

75^sta[^'i7?^' 42 USC IVQI. 42 USC Moi*. not ^'^'L^^^^' 78 Stat. 799. 40 USC 462. 79 Stat. 490; ^^42 USC 3I02. 80 Stat. 1318. 7 u Stat. 1926. 75 s e 308;

Post, p. 1903.

PUBLIC

SEC. 253. In the processing of applications for assistance, priority and immediate consideration may be given, during such period, not to exceed six months, as the President shall prescribe by proclamation, to applications from public bodies situated in major disaster areas, under the following Acts: ^^^ *^^!® -^^ °* *^^ Housing Amendments of 1955, or any other ^^^ providing assistance for repair, construction, or extension of public facilities; (^) ^^® United States Housing Act of 1937 for the provision of low-rent housing; (3) section 702 of the Housing Act of 1954 for assistance in ^ •,. i i • '^ public works planning; (4) section 702 of the Housing and Urban Development Act of 1965 providing for grants for public facilities; or (^) section 306 of the Consolidated Farmers Home Administration Act. RELOCATION

ASSISTANCE

SEC. 254. Notwithstanding any other provision of law, no person otherwise eligible for any kind of relocation assistance payment authorized under section 114 of the Housing Act of 1949 shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to reoccupy property from which he was displaced by such disaster. TITLE III—MISCELLANEOUS TECHNICAL

82 Stat. 526.

67 Stat. 121.

68 Stat. 592;

80 Stat. 1317.

AMENDMENTS

SEC. 301. (a) Section 701(a)(3)(B) (ii) of the Housing Act of 1954 (40 U.S.C. 461(a)(3)(B) (ii)) is amended to read as follows: "(ii) have suffered substantial damage as a result of a major disaster as determined by the President pursuant to the Disaster Relief Act of 1970". (b) Section 8(b)(2) of the National Housing Act (12 U.S.C. 1706c (b)(2)) is amended by striking out of the last proviso "section 2(a) of the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes' (Public Law 875, Eighty-first Congress, approved September 30, 1950)" and inseiting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (c) Section 203(h) of the National Housing Act (12 U.S.C. 1709(h)) is amended by striking out "section 2(a) of the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters and for other purposes' (Public Law 875, Eighty-first Congress, approved September 30, 1950), as amended" and inserting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (d) Section 221(f) of the National Housing Act (12 U.S.C. 17151(f)) is amended by striking out of the last paragraph "the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes', approved September 30, 1950, as amended (42 U.S.C. 1855-1855g)" and inserting in lieu thereof "the Disaster Relief Act of 1970".

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(e) Section 7(a)(1)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress, as amended; 20 U.S.C. 241-1 (a)(1) (A)), is amended by striking out "pursuant to section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a))" and inserting in lieu thereof "pursuant to section 102(1) of the Disaster Relief Act of 1970". (f) Section 16(a) of the Act of September 23, 1950 (79 Stat. 1158; 20 U.S.C. 646(a)) is amended by striking out "section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a))" and inserting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (g) Section 408(a) of the Higher Education Facilities Act of 1963 (20 U.S.C. 758(a)) is amended by striking out "section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a))" and inserting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (h) Section 165(h)(2) of the Internal Revenue Code of 1954, relating to disaster losses (26 U.S.C. 165(h)(2)) is amended to read as follows: "(2) occurring in an area subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Disaster Relief Act of 1970,". (i) Section 5064(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5064(a)), relating to losses caused by disaster, is amended by striking out "the Act of September 30, 1950 (42 U.S.C. 1855)" and inserting in lieu thereof "the Disaster Relief Act of 1970". (j) Section 5708(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5708(a)), relating to losses caused by disaster, is amended by striking out "the Act of September 30, 1950 (42 U.S.C. 1855)" and inserting in lieu thereof "the Disaster Relief Act of 1970". (k) Section 3 of the Act of June 30, 1954 (68 Stat. 330; 48 U.S.C. 1681), is amended by striking out of the last sentence "section 2 of the Act of September 30, 1950 (64 Stat. 1109), as amended (42 U.S.C. 1855a)" and inserting in lieu thereof "section 102(1) of the Disaster Relief Act of 1970". (1) Whenever reference is made in any provision of law (other than this Act), regulation, rule, record, or document of the United States to the Act of September 30, 1950 (64 Stat. 1109), or any provision of such Act, such reference shall be deemed to be a reference to the Disaster Relief Act of 1970 or to the appropriate provision of the Disaster Relief Act of 1970 unless no such provision is included therein.

1759

^i Stat. a n.

so Stat. 1318.

76 Stat. 51.

72 Stat. 1337.

^^ Stat. 1420..

^2 Stat. 1213.

REPEAL OF EXISTING LAW

SEC. 302. The following Acts are hereby repealed: (1) the Act of September 30, 1950 (64 Stat. 1109); (2) the Disaster Relief Act of 1966, except section 7 (80 Stat. 1316); and (3) the Disaster Relief Act of 1969 (83 Stat. 125). PRIOR ALLOCATION OF FUNDS

SEC. 303. Funds allocated before the date of enactment of this Act under a Federal-State Disaster Agreement for the relief of a major disaster as defined in the Act of September 30, 1950 (Public Law 875, Eighty-first Congress), and not expended on the date of enactment of this Act may be used by the State to make payments to any person for reimbursement of expenses actually incurred by such person in the removal of debris from community areas, but not to exceed the amount that such expenses exceed the salvage value of such debris, or in other-

42 USC 1855. 42 USC 1855aa note. 42 USC 1855aaa note.

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 1760 It fl A ^^°^" r^ * u s e 1855.

PUBLIC LAW 91-607-DEC. 31, 1970

[84 STAT.

^^^^ carrying out the purposes of such Act of September 30, 1950, or ^j^.g j ^ ^ ^ EFFECTIVE DATE

SEC. 304. This Act shall take effect immediately upon its enactment, except that sections 226(b), 237, 241, 252(a), and 254 shall take effect as of August 1, 1969, and sections 231,232, and 233 shall take effect as of April 1, 1970. Approved December 31, 1970.

Public Law 91-607 December 31, 1970 —[H. R. 6778]

c^"^n" Act"^ Amendments of

AN ACT rj^Q amend the Bank Holding Company Act of 1956, and for other purposes.

Be it enacted by the Senate and House of Representatives of the r'n//^efi? States of America in Congress assembled, That this Act may be citcd as the "Bank Holding Company Act Amendments of 1970".

1970.

TITLE I—BANK H O L D I N G C O M P A N I E S o*r?an''."°^'^'"^ 80 Stat. 236.

SEC. 101. (R) Section 2(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)) is amended to read as follows: "SEC. 2. (a)(1) Except as provided in paragraph (5) of this subsection, 'bank holding company' means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this Act. " (2) Any company has control over a bank or over any company if— " (A) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 per centum or more of any class of voting securities of the bank or company; " (B) the company controls in any manner the election of a majority of the directors or trustees of the bank or company; or

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PUBLIC LAW 91-607-DEC. 31, 1970

" (C) the Board determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company. "(3) For the purposes of any proceeding under paragraph (2)(C) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than 5 per centum of any class of voting securities of a given bank or company does not have control over that bank or company. "(4) I n any administrative or judicial proceeding under this Act, other than a proceeding under paragraph (2)(C) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote 5 per centum or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under paragraph (2)(C). " (5) Notwithstanding any other provision of this subsection— " (A) No bank and no company owning or controlling voting shares of a bank is a bank holding company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in paragraphs (2) and (3) of subsection (g) of this section. For the purpose of the preceding sentence, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; except that this limitation is applicable in the case of a bank or company acxiuiring such shares prior to the date of enactment of the Bank Holding Company Act Amendments of 1970 only if the bank or company has the right consistent with its obligations under the instrument, agreement, or other arrangement establishing the fiduciary relationship to divest itself of such voting rights and fails to exercise that right to divest within a reasonable period not to exceed one year after the date of enactment of the Bank Holding Company Act Amendments of 1970.

1761

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 1762

PUBLIC LAW 91-607-DEC. 31, 1970

[84 STAT.

" (B) No company is a bank holding company by virtue of its ownership or control of shares acquired by it in connection with its underwriting of securities if such shares are held only for such period of time as will permit the sale thereof on a reasonable basis. "(C) No company formed for the sole purpose of participating in a proxy solicitation is a bank holding company by virtue of its control of voting rights of shares acquired in the course of such solicitation. " (D) No company is a bank holding company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith, until two years after the date of acquisition. " (E) No company is a bank holding company by virtue of its ownership or control of any State chartered bank or trust company which is wholly owned by thrift institutions and which restricts itself to the acceptance of deposits from thrift institutions, deposits arising out of the corporate business of its owners, and deposits of public moneys. " (F) No trust company or mutual savings bank which is an 12 USC'fsu note iusured bank under the Federal Deposit Insurance Act is a bank holding company by virtue of its direct or indirect ownership or control of one bank located in the same State, if (i) such ownership or control existed on the date of enactment of the Bank Holding Company Act Amendments of 1970 and is specifically authorized by applicable State law, and (ii) the trust company or mutual savings bank does not after that date acquire an interest in any company that, together with any other interest it holds in that company, will exceed 5 per centum of any class of the voting shares of that company, except that this limitation shall not be applicable to investments of the trust company or mutual savings bank, direct and indirect, which are otherwise in accordance with the limitations applicable to national banks under section 5136 of the Revised Statutes (12 U.S.C. 24). "(6) For the purposes of this Act, any successor to a bank holding company shall be deemed to be a bank holding company from the date on which the predecessor company became a bank holding company." 80 Stat. 236. (b) Section 2(b) of such Act is amended— 12 USC 1841. (1) by inserting "partnership" after "corporation"; (2) by striking out " (1) "; (3) by striking out", or (2) any partnership"; and (4) by adding after the period a new sentence as follows: "Company cov« 'Company covcred in 1970' means a company which becomes a bank holding company as a result of the enactment of the Bank Holding Company Act Amendments of 1970 and which would have been a bank holding company on June 30, 1968, if those amendments had been enacted on that date." (c) The first sentence of section 2(c) of such Act is amended to read "Bank." f^g follows: " 'Bank' means any institution organized under the laws of the United States, any State of the United States, the District of Columbia, any territory of the Ignited States, Puerto Rico, Guam, American Samoa, or the Virgin Islands which (1) accepts deposits that the depositor has a legal right to withdraw on demand, and (2) engages in the business of making commercial loans. Such term does not include any organization operating under section 25 or section 4i^stfu*378l^' 25(a) of the Federal Reserve Act, or any organization which does not 80 Stat. 241.' do busiuess within the United States except as an incident to its activ12 USC 601-631. j^jeg outside the United States."

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PUBLIC LAW 91-607-DEC. 31, 1970

(d) Section 2(d) of such Act is amended— (1) by striking out "or (2)'' and inserting in lieu thereof " (2) ": and (2) by striking out the period and inserting in lieu thereof the following:"; or (3) any company with respect to the management or policies of which such bank holding company has the power, directly or indirectly, to exercise a controlling influence, as determined by the Board, after notice and opportunity for hearing." (e) Section 2 of such Act is further amended by adding at the end thereof a new subsection as follows: " (i) The term 'thrift institution' means (1) a domestic building and loan or savings and loan association, (2) a cooperative bank without capital stock organized and operated for mutual purposes and without profit, or (3) a mutual savings bank not having capital stock represented by shares." S E ( \ 102. Section 3 of the Bank Holding Company Act of 1956 (12 U.S.C. 1812) is amended— (1) by adding at the end of subsection (a) a new sentence as follows: "For the purpose of the preceding sentence, bank shares acquired after the date of enactment of the Bank Holding Company Act Amendments of 1970 shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto, but in such instances acquisitions may be made without prior approval of the l^oard if the Board, upon application filed within ninety days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval."; (2) by adding at the end of subsection (b) a new sentence as follows: "In the event of the failure of the Board to act on any application for approval under this section within the ninety-oneday period which begins on the date of submission to the Board of the complete record on that application, the application shall be deemed to have been granted."; and (3) by adding at the end thereof the following new subsection: "(e) Every bank that is a holding company and every bank that is a supsidiary of such a company shall become and remain an insured bank as such term is defined in section 3(h) of the Federal Deposit Insurance Act.'' SKC. 103. Section -t of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended— (1) by striking out paragraph (2) of subjection (a) and inserting in lieu thereof the following: " (2) after two years from the date as of which it becomes a bank holding company, or in the case of a company which has been continuously affiliated since May 15, 1955, with a company which was registered under the Investment Company Act of 1940, prior to May 15. 1955. in such a manner as to constitute an affiliated company within the meaning of that Act, after December 31, 1978, or, in the case of any company which becomes, as a result of the enactment of the Bank Holding Company Act Amendments of 1970, a bank holding company on the date of such enactment, after December 31, 1980, retain direct or indirect ownership or control of any voting shares of any company which is not a bank or bank holding company or engage in any activities other than (A) those of banking or of managing or controlling banks and other subsidiaries 47-348 O - 72 - 28 (Pt. 2)

1763 Subsidiary. 80 Stat. 236. 12 USC 1841.

"Thrift institution."

Bank s h a r e s, acquisition. 70 Stat. 134.

64 Stat. 873; 80 Stat. 2 3 8. 12 USC 1813. I n t e r e s t s in nonbanking organizations.

54 Stat. 789. 15 USC 8 0 a - 5 1,

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 1764

Post,

PUBLIC LAW 91-^07-DEC. 31, 1970

p. 1765.

80 Stat. 238. 12 USC 1843.

Exemption.

68A Stat. 163;
 * 26 USC 5o'i. *

[84 STAT.

authorized under this Act or of furnishing services to or performing services for its subsidiaries, and (B) those permitted under paragraph (8) of subsection (c) of this section subject to all the conditions specified in such paragraph or in any order or regulation issued by the Board under such paragraph: Provided, That a company covered in 1970 may also engage in those activities in which directly or through a subsidiary (i) it was lawfully engaged on June 30, 1968 (or on a date subsequent to June 30, 1968 in the case of activities carried on as the result of the acc^uisition by such company or subsidiary, pursuant to a binding written contract entered into on or before June 30, 1968, of another company engaged in such activities at the time of the acquisition), and (ii) it has been continuously engaged since June 30, 1968 (or such subsequent date). The Board by order, after opportunity for hearing, may terminate the authority conferred by the preceding proviso on any company to engage directly or through a subsidiary in any activity otherwise permitted by that proviso if it determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and in the case of any such company controlling a bank having bank assets in excess of $60,000,000 on or after the date of enactment of the Bank Holding Company Act Amendments of 1970 the Board shall determine, wnthin two years after such date (or, if later, within two years after the date on which the bank assets first exceed $60,000,000), whether the authority conferred by the preceding proviso with respect to such company should be terminated as provided in this sentence. Nothing in this paragraph shall be construed to authorize any bank holding company referred to in the preceding proviso, or any subsidiary thereof, to engage in activities authorized by that proviso through the acquisition, pursuant to a contract entered into after June 30, 1968, of any interest in or the assets of a going concern engaged in such activities. Any company which is authorized to engage in any activity pursuant to the preceding proviso or subsection (d) of this section but, as a result of action of the Board, is required to terminate such activity may (notwithstanding any otherwise applicable time limit prescribed in this paragraph) retain the ownership or control of shares in any company carrying on such activity for a period of ten years from the date on which its authority was so terminated by the Board."; z^) by strikinff out "period" in the last sentence of subsection (a) \ •'

''^,•

•

1-

xi,^

au

•

JV

and inserting m lieu thereoi "two-year period; (3) by Striking out that part of the text of subsection (c) which precedes the first numbered paragraph and inserting in lieu thereof the following: "The prohibitions in this section shall not apply to any bank holding company which is (i) a labor, agricultural, or horticultural organization and which is exempt from taxation under section 501 of the Internal Revenue Code of 1954, or (ii) a company covered in 1970 more than 85 per centum of the voting stock of which was collectively owned on June 30, 1968, and continuously thereafter, directly or indirectly, by or for members of the same family, or their spouses, who are lineal descendants of common ancestors; and such prohibitions shall not, with respect to any other bank holding company, apply to—"; (4) by striking out paragraph (8) of subsection (c) and inserting in lieu thereof the following:

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 84 STAT. ]

1765

PUBLIC LAW 91-607-DEC. 31, 1970

after due notice and opportunity for hearing has determined (by order or regulation) to be so closely related to banking or managing or controlling banks as to be a proper incident thereto. I n determining whether a particular activity is a proper incident to banking or managing or controlling banks the Board shall consider whether its performance by an affiliate of a holding company can reasonably be expected to produce benefits to the public, such as greater convenience, increased competition, or gains in efficiency, that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. In orders and regulations under this subsection, the Board may differentiate between activities commenced de novo and activities commenced by the acquisition, in whole or in part, of a going concern;"; (5) by striking out paragraph (9) of subsection (c) and inserting in lieu thereof the following: "(9) shares held or activities conducted by any company organized under the laws of a foreign country the greater part of whose business is conducted outside the United States, if the Board by regulation or order determines that, under the circumstances and subject to the conditions set forth in the regulation or order, the exemption would not be substantially at variance with the purposes of this Act and would be in the public interest;"; (6) by striking out the period at the end of paragraph (10) and inserting in lieu thereof a semicolon, and by addnig after paragraph (10) the following: ''(11) shares owned directly or indirectly by a company covered in 1970 in a company which does not engage in any activities other than those in which the bank holding company, or its subsidiaries, may engage by virtue of this section, but nothing in this paragraph authorizes any bank holding company, or subsidiary thereof, to acquire any interest in or the assets of any going concern (except pursuant to a binding written contract entered into before June 80, 1968, or pursuant to another provision of this Act) other than one which was a subsidiary on June 30, 1968; "'(12) shares retained or acquired, or activities engaged in, by any company which becomes, as a result of the enactment of the Bank Holding Company Act Amendments of 1970, a bank holding company on the date of such enactment, or by any subsidiary thereof, if such company— " (A) within the applicable time limits prescribed in subsection (a)(2) of this section (i) ceases to be a bank holding company, or (ii) ceases to retain direct or indirect ownership or control of those shares and to engage in those activities not authorized under this section; and " (B) complies wath such other conditions as the Board may by regulation or order prescribe; or "(13) shares of, or activities conducted by, any company which does no business in the United States except as an incident to its international or foreign business, if the Board by regulation or order determines that, under the circumstances and subject to the conditions set forth in the regulation or order, the exemption would not be substantially at variance with the purposes of this Act and would be in the public interest. In the event of the failure of the Board to act on any application for an order under paragraph (8) of this subsection within the ninety-oneday period which begins on the date of submission to the Board of the complete record on that af)plication, the application shall be deemed
 * '(8) shares of any company the activities of which the Board

Certain shares, acquisition or re;tention.

Foreign corporations, exemption. 80 Stat. 239. 12 USC 1843.

Exemptions.

Supra.

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44 for information on the matters about which he had come, King Gorlagon answered, "Yours is a weighty question. Dismount and eat: and to-morrow I will tell you what you wish to know."

But Arthur said he would by no means do that, and when again requested to dismount, he swore by an oath that he would yield to no entreaties until he had learned what he was in search of. So when King Gorlagon saw that he could not by any means prevail upon him to dismount, he said, "Arthur, since you persist in your resolve to take no food until you know what you ask of me, although the labour of telling you the tale be great, and there is little use in telling it, yet I will relate to you what happened to a certain king, and thereby you will be able to test the heart, the nature, and the ways of women. Yet, Arthur, I beg you, dismount and eat, for yours is a weighty question and few there are who know how to answer it, and when I have told you my tale you will be but little the wiser.

Arthur. Tell on as you have proposed, and speak no more of my eating.

Gorlagon. Well, let your companions dismount and eat.

Arthur. Very well, let them do so.

So when they had seated themselves at table, King Gorlagon said, "Arthur, since you are so eager to hear this business, give ear, and keep in mind what I am about to tell you."

(6) (Here begins about the wolf.)

There was a king well known to me, noble, accomplished, rich, and far-famed for justice and for truth. He had provided for himself a delightful garden which had no equal, and in it he had caused to be sown and planted all kinds of trees and fruits, and spices of different sorts: and among the other shrubs which grew in the garden there


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 1766 Annual report to Congress.

PUBLIC LAW 91-607-DEC. 31, 1970

[84 STAT.

to have been granted. The Board shall include in its annual report to the (>)ngress a description and a statement of the reasons for approval of each activity approved by it by order or regulation under such paragraph during the period covered by the report."; and 80 Stat. 240. (7) by redesignating subsection (d) as subsection (e), and by 12 USC 1843. adding after subsection (c) a new subsection as follows: " (d) To the extent that such action would not be substantially at variance with the purposes of this Act and subject to such conditions as it considers necessary to protect the public interest, the Board by order, after opportunity for hearing, may grant exemptions from the provisions of this section to any bank liolding company which controlled one bank prior to July 1. 1968, and has not thereafter acquired the control of any other bank in order (1) to avoid disrupting business relationships that have existed over a long period of years without adversely affecting the banks or communities involved, or (2) to avoid forced sales of small locall}' owned banks to purchasers not similarly representative of community interests, or (3) to allow retention of banks that are so small in relation to the holding company's total interests and so small in relation to the banking market to be served as to minimize the likelihood that the bank's powers to grant or deny credit may be influenced by a desire to further the holding company's other interests." SEC. 104. (a) Section 11(b) of the Bank Holding Company Act of 1956 (12 U.S.C. 1849(b)) is amended— (1) by striking out ''this Act" the first two times it appears and inserting in lieu thereof ''section 3 "; (2) by inserting "approved under section 3'" in the second sentence immediately before "shall be commenced"; and (3) by inserting "approved under section 3" in the last sentence immediately before "in compliance with this Act". (b) Section 11(c) of such Act (12 U.S.C. 1849(c)) is amended by striking out "pursuant to" and inserting in lieu thereof "under section 3 of". Judicial review. SEC. 105. With respect to any proceeding before the Federal Reserve Board wherein an applicant seeks authority to acqviire a subsidiary which is a bank under section 3 of the Bank Holding Company Act Ante, p. 1763. of 1956, to engage directly or indirectly in a nonbanking activity pursuant to section 4 of such Act, or to engage in an activity otherwise prohibited under section 106 of this Act, a party who would become a competitor of the applicant or subsidiary thereof by virtue of the applicant's or its subsidiary's acquisition, entry into the business involved, or activity, shall have the right to be a party in interest in the proceeding and, in the event of an adverse order of the Board, shall have the right as an aggrieved party to obtain judicial review 70 Stat. 138; thereof as provided in section 9 of such Act of 1956 or as otherwise 80 Stat. 240. provided by law. 12 USC 1848. Definitions. SEC. 106. (a) As used in this section, the terms "bank", "bank holding company", "subsidiary'', and "Board" have the meaning ascribed Ante, p. 1760. to such terms in section 2 of the Bank Holding Company Act of 1956. For purposes of this section only, the term "company", as used in section 2 of the Bank Holding Compan}- Act of 1956, means any person, estate, trust, partnership, corporation, association, or similar organization, but does not include any corporation the majority of the shares of which are owned by the United States or by any State. The term "trust service" means any service customarily performed by a bank trust department. Certain arrange(b) A bank shall not in any manner extend credit, lease or sell ments, prohibition. property of any kind, or furnish any service, or fix or vary the consideration for any of the foregoing, on the condition or requirement—

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 84

STAT.]

PUBLIC LAW 91-607-DEC. 31, 1970

(1) that the customer shall obtain some additional credit, property, or service from such bank other than a loan, discount, deposit, or trust service; (2) that the customer shall obtain some additional credit, property, or service from a bank holding company of such bank, or from any other subsidiary of such bank holding company; (3) that the customer provide some additional credit, property, or service to such bank, other than those related to and usually provided in connection with a loan, discount, deposit, or trust service; (4) that the customer provide s(mie additional credit, property, or service to a bank holding company of such bank, or to any other subsidiary of such bank liolding company; or (5) that the customer shall not obtain some other credit, property, or service from a competitor of such bank, a bank holding company of such bank, or any subsidiary of such bank holding company, other than a condition or requirement that such bank shall reasonably impose in a credit transaction to assure the soundness of the credit. The Board may by regulation or order permit such exceptions to the foregoing prohibition as it considers will not be contrary to the purposes of this section. (c) The district courts of the United States have jurisdiction to prevent and restrain violations of subsection (b) of this section and it is the duty of the United States attorneys, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. The proceedings may be by way of a petition setting forth the case and praying that the violation be enjoined or otherwise prohibited. When the parties complained of have been duly notified of the petition, the court shall proceed, as soon as possible, to the hearing and determination of the case. While the petition is pending, and before final decree, the court may at any time make such temporary restraining order or prohibition as it deems just. Whenever it appears to the court that the ends of justice require that other parties be brought before it, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and subpenas to that end may be served in any district by the marshal thereof. (d) In any action brought by or on behalf of the United States under subsection (b), subpenas for witnesses may run into any district, but no writ of subpena may issue for witnesses living out of the district in which the court is held at a greater distance than one hundred miles from the place of liolding the same without the prior permission of the trial court upon proper application and cause shown. (e) Any person who is injured in his business or property by reason of anything forbidden in subsection (b) may sue therefor in any district court of the United States in which the defendant resides or is found or has an agent, without regard to the amount in controversy, and shall be entitled to recover three times the amount of the damages sustained by him, and the cost of suit, including a reasonable attorney's fee. (f) Any person may sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by reason of a violation of subsection (b), under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity and under the rules governing such proceedings. Upon the exscution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue.

1767

Exceptions.

U.S. district courts, jurisdiction.

Subpena power.

Territorial limits.

Treble damage suits.

Injunctive relief.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/438

 1768 statute of limitations.

PUBLIC LAW 91-607-DEC. 31, 1970

[84 STAT.

(g)(1) Subject to paragraph (2), any action to enforce any cause of action under this section shall be forever barred unless commenced within four years after the cause of action accrued. (2) Whenever any enforcement action is instituted by or on behalf of the United States with respect to any matter which is or could be the subject of a private right of action under this section, the running of the statute of limitations in respect of every private right of action arising under this section and based in whole or m part on such matter shall be suspended during the pendency of the enforcement action so instituted and for one year thereafter: Provided, That whenever the running of the statute of limitations in respect of a cause of action arising under this section is suspended under this paragraph, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within the four-year period referred to in paragraph (1). (h) Nothing contained in this section shall be construed as affecting in any manner the right of the United States or any other party to bring an action under any other law of the United States or of any State, including any right which may exist in addition to specific statutory authority, challenging the legality of any act or practice which may be proscribed by this section. No regulation or order issued by the Board under this siection shall in any manner constitute a defense to such action. TITLE II—PROVISIONS RELATING TO COINAGE

?rstai! 2M?^'

/-rrealuT"^^^'^

60 Stat. 596.

SEC. 201. Section 101 of the Coinage Act of 1965 (31 U.S.C. 391) is amended to read as follows: "SEC. 101. (a) The Secretary may mint and issue coins of the denominations set forth in subsection (c) in such quantities as he determines to be necessary to meet national needs. "(b) Any coin minted under authority of subsection (a) shall be a clad coin. The cladding shall be an alloy of 75 per centum copper and 25 per centum nickel, and shall weigh not less than 30 per centum of the weight of the whole coin. The core shall be copper. "(c)(1) The dollar shall be 1.500 inches in diameter and weigh 22.68 grams. "(2) The half dollar shall be 1.205 inches in diameter and weigh 11.34 grams. "(3) The quarter dollar shall be 0.955 inch in diameter and weigh 5.67 grams. " (4) The dime shall be 0.705 inch in diameter and weigh 2.268 grams. " (d) Notwithstanding the foregoing, the Secretary is authorized to mint and issue not more than one hundred and fifty million one-dollar pieces which shall have— "(1) a diameter of 1.500 inches; " (2) a cladding of an alloy of eight hundred parts of silver and two hundred parts of copper; and "(3) a core of an alloy of silver and copper such that the whole coin weighs 24.592 grams and contains 9.837 grams of silver and 14.755 grams of copper." ^^'^- ^^^- ^^^ ^^^ purposes of this title, the Administrator of General Services shall transfer to the Secretary of the Treasury twenty-five million five hundred thousand fine troy ounces of silver now held in the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h) which is excess to strategic needs. Such transfer shall be made at the value of $1.292929292 for each fine troy ounce of silver so transferred. Such silver shall be

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Rh was a beautiful slender sapling of exactly the same height as the King himself, which broke forth from the ground and began to grow on the same night and at the same hour as the King was born. Now concerning this sapling, it had been decreed by fate that whoever should cut it down, and striking his head with the slenderer part of it, should say, "Be a wolf and have the understanding of a wolf," he would at once become a wolf, and have the understanding of a wolf. And for this reason the King watched the sapling with great care and with great diligence, for he had no doubt that his safety depended upon it. So he surrounded the garden with a strong and steep wall, and allowed no one but the guardian, who was a trusted friend of his own, to be admitted into it; and it was his custom to visit that sapling three or four times a day, and to partake of no food until he had visited it, even though he should fast until the evening. So it was that he alone understood this matter thoroughly.

(7) Now this king had a very beautiful wife, but though fair to look upon she did not prove chaste, and her beauty was the cause of her undoing. For she loved a youth, the son of a certain pagan king; and preferring his love to that of her lord, she had taken great pains to involve her husband in some danger so that the youth might be able lawfully to enjoy the embraces for which he longed. And observing that the King entered the garden so many times a day, and desiring to know the reason, she often purposed to question him on the subject, but never dared to do so. But at last one day, when the King had returned from hunting later than usual, and according to his wont had entered the plantation alone, the Queen, in her thirst for information, and unable to endure that the thing should be concealed from her any longer (as it is customary for a woman to wish to know everything), when her husband had returned and was seated at table, asked him with a treacherous smile why he went to the garden so many times a day, and had


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Page:United States Statutes at Large Volume 84 Part 2.djvu/439

 84 STAT. ]

PUBLIC LAW 91-^08-DEC. 31, 1970

used exclusively to coin one-dollar pieces authorized in section 101(d) of the Coinage Act of 1965, as amended by this Act. SEC. 203. The dollars initially minted under authority of section 101 of the Coinage Act of 1965 shall bear the likeness of the late President of the Ignited States, Dwight David Eisenhower, and on the other side thereof a design which is emblematic of the symbolic eagle of Apollo 11 landing on the moon. SEC. 204. Half dollars, as authorized under section 101(a)(1) of the Coinage Act of 1965, as in effect prior to the enactment of this Act may, in the discretion of the Secretary of the Treasury, continue to be minted until January 1, 1971. SEC. 205. (a) The Secretary of the Treasury is authorized to transfer, as an accountable advance and at their face value, the approximately three million silver dollars now held in the Treasury to the Administrator of General Services. The Administrator is authorized to offer these coins to the public in the manner recommended by the Joint Commission on the Coinage at its meeting on May 12, 1969. The Administrator shall repay the accountable advance in the amount of that face value out of the proceeds of and at the time of the public sale of the silver dollars. Any proceeds received as a result of the public sale in excess of the face value of these coins shall be covered into the Treasury as miscellaneous receipts. (b) There are authorized to be appropriated, to remain available until expended, such amounts as may be necessary to carry out the purposes of this section. SEC. 206. The last sentence of section 3517 of the Revised Statutes, as amended (31 U.S.C. 324), is amended by striking the following: '', except that coins produced under authority of sections 101(a)(1), 101 (a)(2), and 101(a)(3) of the Coinage Act of 1965 shall not be dated earlier than 1965". SEC. 207. Section 4 of the Act of June 24, 1967 (Public Law 90-29; 31 L'i.S.C. 405a-l note), is amended by adding at the end thereof the following new sentence: "Out of the proceeds of and at the time of any sale of silver transferred pursuant to this Act, the Treasury Department shall he paid $1.292929292 for each fine troy ounce."' SEC. 208. Section 3513 of the Revised Statutes (31 U.S.C. 316) and the first section of the Act of February 28, 1878 (20 Stat. 25; 31 U.S.C. 316,458) are repealed. SEC. 209. Coins produced under the authority of section 101(d) of the Coinage Act of 1965, as amended by this Act, shall bear such date as the Secretary of the Treasury determines. Approved December 31, 1970.

1769 Ante, p. 1768,, Eisenhower silver d o l l a r s.

Silver halfd o l l a r s, time limitation.

Silver d o l l a r s, transfer to GSA..

Appropriation.

81 Stat. 77.

Repeals.

Ei s enho wer silver d o l l a r s, date determination.

Public Law 91-608 AN ACT To rename a lock of the Cross-Florida Barge Canal the "Henry Holland Buckman lock." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Saint Johns lock of the Cross-Florida Barge Canal is hereby renamed the "Henry Holland Buckman Lock." Any law, regulation, map, document, record, or other paper of the United States in which such lock is referred to shall be held to refer to such lock as the Henry Holland Buckman Lock. Approved December 31, 1970.

December S l, 1970 [H. R. 9 5 6 ]

Henry Holland Buckman Lock. Re designation.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/440

 1770

PUBLIC LAW 91^09-DEC. 31, 1970

[84 STAT.

Public Law 91-609 December 31, 1970

—LH. R. 19436]

AN ACT

rp^ provide for the establishment of a national urban growth policy, to encourage and support the proper growth and development of our States, metropolitan areas, cities, counties, and towns with emphasis upon new community and inner city development, to extend and amend laws relating to housing and urban development, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Housing and United States of America in Congress assembled, That this Act may ActTf 1970.°^"^" he cited as the "Housing and Urban Development Act of 1970''. TITLE I—MORTGAGE C R E D I T EXTENSION o r

Ante, p. 1384.

83 Stat. 3 7 9. 12 USC 1715Z. 12 USC 171SZ-1.

PROGRAMS

gj,(. ]^oi. (a) Section 2(a) of the National Housing Act is amended by striking out "January 1, 1971" in the first sentence and inserting in lieu thereof "October 1, 1972". (b) Section 217 of such Act is amended by striking out "January 1, 1971" and inserting in lieu thereof "October 1, 1972". (c) Section 221(f) of such Act is amended by striking out "January 1, 1971" in the fifth sentence and inserting in lieu thereof "October 1, 1972". (d) Section 235(m) of such Act is amended by striking out "October 1, 1971" and inserting in lieu thereof "October 1, 1972". (e) Section 236(n) of such Act is amended by striking out "October 1, 1971" and inserting in lieu thereof "October 1, 1972". (f) Section 809(f) of such Act is amended by striking out "January 1, 1971" in the second sentence and inserting in lieu thereof "October 1, 1972". (g) Section 810(k) of such Act is amended by striking out "January 1, 1971" in the second sentence and inserting in lieu thereof "October 1, 1972". (h) Section 1002(a) of such Act is amended by striking out "January 1, 1971" in the second sentence and inserting in lieu thereof "October 1, 1972". (i) Section 1101(a) of such Act is amended by striking out "January 1, 1971" in the second sentence and inserting in lieu thereof "October 1, 1972". AUTHORIZATION FOR ASSISTANCE P A Y M E N T S U N D E R SECTIONS 2 3 5 AND 23(5

82 Stat. 4 7 9; 83 Stat. 3 8 1.

SEC. 102, (a) The second sentence of section 235(h)(1) of the National Housing Act is amended— (1) by inserting "outstanding" before "contracts" the first place the term appears; and (2) by striking out "by $125,000,000 on July 1, 1970, and by $170,000,000 on July 1, 1971" and inserting in lieu thereof "by $150,000,000 on July 1, 1970, and by $200,000,000 on July 1, 1971''. (b) The second sentence of section 2 3 6 (i)(l) of such Act is amended— (1) by inserting "outstanding" before "contracts" the first place the term appears; and (2) by striking out "by $125,000,000 on July 1, 1970, and by $170,000,000 on July 1, 1971" and inserting in lieu thereof "by $150,000,000 on July 1, 1970, and by $200,000,000 on July 1, 1971".

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 84 STAT. ]

PUBLIC LAW 91-609-DEC. 31, 1970 RENT SUPPLEMENT

1771

PAYMENTS

SEC. 103. Section 101(a) of the Housing and Urban Development Act of 1965 is amended by striking out "and by $100,000,000 on July 1, 1970" and inserting in lieu thereof "by $100,000,000 on July 1, 1970, and by $40,000,000 on July 1, 1971".

^2 stau so^3^.^

C O M P E N S A T I O N FOR DEFECTS I N SECTION 2 3 5 E X I S T I N G H O U S I N G

SEC. 104. Section 518 of the National Housing Act is amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) a new subsection as follows: "(b) The Secretary is authorized to make expenditures to correct, or to compensate the owner for, structural or other defects which seriously affect the use and livability of any single-family dwelling which is covered by a mortgage insured under section 235 of this Act and is more than one year old on the date of the issuance of the insurance commitment, if (1) the owner requests assistance from the Secretary not later than one year after the insurance of the mortgage, or, in the case of a dwelling covered by a mortgage which was insured prior to the date of enactment of this subsection, one year after the date of enactment of this subsection, and (2) the defect is one that existed on the date of the issuance of the insurance commitment and is one that a proper inspection could reasonably be expected to disclose. The Secretary may require from the seller of any such dwelling an agreement to reimburse him for any payments made pursuant to this subsection with resj^ect to such dwelling."

78 Stat. 7 8 3. 12 USC 1735b.

U S E OF E X I S T I N G H O U S I N G UNDER SECTION 2 3 5 PROGRAM

SEC. 105. Section 235(h) of the National Housing Act is amended— (1) by striking out "July 1, 1971" in subparagraph (B) of paragraph (3) and inserting in lieu thereof "July 1, 1972"; and (2) by adding at the end thereof the following new paragraph: "(4) At least 10 per centum of the total amount of contracts for assistance payments authorized by appropriation Acts to be made after June 30, 1971, shall be available for use only with respect to dwellings, or dwelling units in projects, which are approved by the Secretary prior to substantial rehabilitation." MORTGAGE INSURANCE UNDER SECTION 2 3 5 (1) FOR R E H A B I L I T A T I O N OF DUPLEXES

SEC. 106. Section 2 3 5 (i)(3)(A) of the National Housing Act is amended by striking out "if the dwelling is purchased with the assistance of a nonprofit organization and is" and inserting in lieu thereof "and which is". ASSISTANCE U N D E R SECTION 2 3 5 PROGRAM FOR COOPERATIVE PROJECTS F I N A N C E D UNDER CERTAIN STATE OR LOCAL PROGRAMS

SEC. 107. Section 235(b)(2) of the National Housing Act is amended by inserting " (A) " after "the cooperative association of which the family is a member shall operate", and by inserting before the period at the end thereof the following: "; or (B) a housing project which is financed under a State or local program providing assistance through loans, loan insurance, or tax abatements, and which prior to completion of construction or rehabilitation is approved for receiving the benefits of this section".

as^tau^su' 12 USC I7*I5J

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 1772

PUBLIC LAW 91-609-DEC. 31, 1970

[84

STAT.

I N C L U S I O N OF CERTAIN COSTS I N SECTION 2 3 (J PROJECTS 82 Stat. 499. 12 USC 1715Z-1. "Mortgage insurance premium.'

SEC. 108. Section 236(b) of the National Housing Act is amended by adding- at the end thereof the following new sentence: "The term 'mortgage insurance premium', when used in this section in relation to a project financed by a loan under a State or local program, means such fees and charges, approved by the Secretary, as are payable by the mortgagor to the State or local agency mortgagee to meet reserve requirements and administrative expenses of such agency.-' MAXIMUM A M O U N T OF F H A - I N S U R E D H O S P I T A L MORTGAGE

82 Stat. 599. 12 USC 17152-7.

SEC. 109. Section 242(d)(2) of the National Housing Act is amended by striking out "$25,000,000-' and inserting in lieu thereof '•$50,000,000''. MORTGAGE INSURANCE FOR PROPRIETARY H O S P I T A L S

SEC. 110. (a) Section 242(b)(1)(C) of the National Housing Act is amended to read as follows: " (C) which is a proprietary facility, or facility of a private nonprofit corporation or association, licensed or regulated by the State (or, if there is no State law providing for such licensing or regulation by the State, by the municipality or other political subdivision in which the facility is located); and". (b) The heading of section 242 of such Act is amended by striking out "NONPROFIT". 82 Stat. 600. 12 USC 17 15 c.

(c) The sixth sentence of section 212(a) of such Act is amended by striking out "or association" and inserting in lieu thereof ", association, or other organization". F H A S U P P L E M E N T A L LOANS FOR M U L T I F A M I L Y PROJECTS

82 Stat. 508. 12 USC 17152-6.

SEC. 111. Section 241 of the National Housing Act is amended— (1) by inserting "or covered by a mortgage held by the Secretary" immediately after "this Act" in the first sentence of subsection (a); (2) by striking out the proviso in subsection (a) and inserting in lieu thereof the following: ": Provided., That a loan involving a nursing home or a group practice facility may also be made for the purpose of financing equipment to be used in the operation of such nursing home or facility"; (3) by inserting "or an amount acceptable to the Secretary"' before the semicolon at the end of subsection (b)(1); and (4) by inserting "or pursuant to which the original mortgage covering the project or facility was insured'' before "; and" at the end of subsection (b)(5). MORTGAGES FOR C IV I L I A N P E R S O N N E L AT M I L I T A R Y I N S T A L L A T I O N S

70 Stat. 273. 12 USC 1748h-l.

SEC. 112. Section 809(b) of the National Housing Act is amended by inserting before the period at the end of the second sentence the following: ": Provided., That the Secretary shall relieve the Secretary of Defense from any obligation to guarantee the General Insurance Fund from loss with respect to a mortgage assumed by a person ineligible to receive a certificate under subsection (a), if the original mortgagor is issued another certificate with respect to a mortgage insured under this section on property which the Secretary determines is not an acceptable risk".

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/60

46 been there even then late in the evening before taking food. The King answered that that was a matter which did not concern her, and that he was under no obligation to divulge it to her; whereupon she became furious, and improperly suspecting that he was in the habit of consorting with an adulteress in the garden, cried out, "I call all the gods of heaven to witness that I will never eat with you henceforth until you tell me the reason." And rising suddenly from the table she went to her bedchamber, cunningly feigning sickness, and lay in bed for three days without taking any food.

(8) On the third day, the King, perceiving her obstinacy and fearing that her life might be endangered in consequence, began to beg and exhort her with gentle words to rise and eat, telling her that the thing she wished to know was a secret which he would never dare to tell anyone. To which she replied, "You ought to have no secrets from your wife, and you must know for certain that I would rather die than live, so long as I feel that I am so little loved by you," and he could not by any means persuade her to take refreshment. Then the King, in too changeable and irresolute a mood and too devoted in his affection for his wife, explained to her how the matter stood, having first exacted an oath from her that she would never betray the secret to anyone, and would keep the sapling as sacred as her own life.

The Queen, however, having got from him that which she had so dearly wished and prayed for, began to promise him greater devotion and love, although she had already conceived in her mind a device by which she might bring about the crime she had been so long deliberating. So on the following day, when the King had gone to the woods to hunt, she seized an axe, and secretly entering the garden, cut down the sapling to the ground, and carried it away with her. When, however, she found that the King was returning, she concealed the sapling under her sleeve, which


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PUBLIC LAW 91-609-DEC. 31, 1970

1773

MOBILE HOME LOANS UNDER TITLE I

SEC. 113. Section 2(b) of the National Housing Act is amended— (1) by inserting in clause (1) after "$10,000" the following: "($15,000 in the case of a mobile home composed of two or more modules)"; and (2) by inserting in the proviso of clause (2) after "days" the following: "(fifteen years and thirty-two days in the case of a mobile home composed of two or more modules)". U S E OF CERTAIN H O U S I N G F A C I L I T I E S U N D E R S E C T I O N 2 2 1 AND

^^ ^*^** ^°^' 12 USC 17*03.

SECTION 2 36

FOR CLASSROOM PURPOSES

SEC. 114. (a) Section 221(f) of the National Housing Act is amended go^stat^'ne^s^' by adding at the end of the second paragraph the following new sen- 12 USC 171*5/. tence: "In any case in which it is determined in accordance with regulations of the Secretary that facilities in existence or under construction on the date of enactment of the Housing and Urban Development Act of 1970 which could appropriately be used for classroom purposes are available in any such property or project and that public schools in the community are overcrowded due in part to the attendance at such schools of residents of the property or project, such facilities may be used for such purposes to the extent permitted in such regulations (without being subject to any of the requirements of the proviso in section 220(d)(3) (B^ (iv) except the requirement that the project be 79 Stat. 470. 12 USC 1715k. predominantly residential)." (b) Section 236(j)(5) of such Act is amended by adding at the end. ^2 stau sou 12 USC 1 7 1 5 J > 1. thereof (after and below subparagraph (C)) the following new sentence: "In any case in which it is determined in accordance with regulations of the Secretary that facilities in existence or under construction on the date of enactment of the Housing and Urban Development Act of 1970 which could appropriately be used for classroom purposes are available in any such property or project and that public schools in the community are overcrowded due m part to the attendance at such schools or residents of the property or project, such facilities may be used for such purposes to the extent permitted in such regulations (without being subject to any of the requirements of the first proviso in subparagraph (A) except the requirement that the project be predominantly residential)." CONGREGATE HOUSING FOR THE DISPLACED, ELDERLY, AND HANDICAPPED

SEC. 114. (a)(1) Section 221(f) of the National Housing Act is amended by inserting before the period at the end of the first sentence of the second paragraph of the following: ": Provided, That such units, in the case of a project designed primarily for occupancy by displaced, elderly, or handicapped families, need not, with the approval of the Secretary, contain kitchen facilitieSj and such projects may include central dining and other shared facilities." (2) Section 221(f) of such Act is further amended— (A) by inserting "or who is a displaced person," immediately after "Housing Act of 1959," in the fifth sentence of the second paragraph; and (B) by striking out "the terms 'displaced family' and 'displaced families' shall mean a family or families" in the third paragraph and inserting in lieu thereof "the terms 'displaced family', 'displaced families', and 'displaced person' shall mean a family or families, or a person,".

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 1774 82 Stat. 5 0 1. 12 USC 1715Z-1.

79 Stat. 451: 82 Stat. 5 0 3. 12 USC 1 7 0 1 s.

PUBLIC LAW 91-609-DEC. 31, 1970

[84 STAT.

(b)(1) Section 236(j)(5)(B) of such Act is amended by inserting immediately after "units" the following: ", but such units, in the case of a project designed primarily for occupancy by displaced, elderly, or handicapped families, need not, with the approval of the Secretary, contain kitchen facilities'*. (2) Section 236(i) of such Act is amended by adding at the end thereof the following new paragraph: "(3) Not more than 10 per centum of the total amount of interest reduction payments authorized to be contracted to be made pursuant to appropriation Acts as provided in paragraph (1) after the date of the enactment of the Housing and Urban Development Act of 1970 shall be contracted to be made with respect to projects in which all or part of the dwelling units do not contain kitchen facilities." (c) Section 101(b) of the Housing and Urban Development Act of 1965 is amended by adding at the end thereof the following newsentence: "Nothing in this section shall be construed as preventing payments to a housing owner with respect to projects in which all or part of the dwelling units do not contain kitchen facilities; but of the total amount of contracts to make annual payments approved in appropriation Acts pursuant to subsection (a) after the date of the enactment of the Housing and Urban Development Act of 1970, not more than 10 per centum in the aggregate shall be made with respect to such projects.-F H A R E H A B I L I T A T I O N STANDARDS FOR H O U S I N G I N U R B A N R E N E W A L AREAS

12 USC 1731a.

SEC. 116. Title V of the National Housing Act is amended by adding at the end thereof the following new section: " F H A R E H A B I L I T A T I O N STANDARDS FOR H O U S I N G I N URBAN R E N E W A L AREAS

12 USC 1707.

"SEC. 524. In determining whether properties should be approved by the Secretary prior to rehabilitation and covered by mortgages insured under title II of this Act, the Secretary shall apply uniform property standards as between properties located outside urban renewal areas and those located within urban renewal areas." INVESTMENT OF F H A RESERVE

52 Stat. 16. 12 USC 1712.

79 Stat. 469; 12 USC 1715e.
 * 2 Stat. 610.

FUNDS

SEC. 117. (a) Section 206 of the National Housing Act is amended by inserting before the period at the end of the first sentence the following: "or any agency of the United States: Provided, That such moneys shall to the maximum extent feasible be invested in such bonds or other obligations the proceeds of wdiich will be used to directly support the residential mortgage market". (b) Section 213(o) of such Act is amended by inserting before the period at the end of the second sentence the following: "or any agency of the United States: Provided, That such moneys shall to the maximum extent feasible be invested in such bonds or other obligations the proceeds of which will be used to directly support the residential mortgage market". (c) Section 236(g) of such Act is amended by inserting before the period at the end of the third sentence the following: "or any agency of the United States: Provided, That such moneys shall to the maximum extent feasible be invested in such bonds or other obligations the proceeds of which will be used to directly support the residential mortgage market".

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(d) Section 238(b) of such Act is amended by inserting before the period at the end of the sixth sentence the following: "or any agency of the United States: Provided, That such moneys shall to the maximum extent feasible be invested in such bonds or other obligations the proceeds of which will be used to directly support the residential mortgage market". (e) Section 519(c) of such Act is amended by inserting before the period at the end of the first sentence the following: "or any agency of the United States: Provided, That such moneys shall to the maximum extent feasible be invested in such bonds or other obligations the proceeds of which will be used to directly support the residential mortgage market".

1775 82 Stat. 4 8 7. 12 USC 17152-3.

79 Stat. 4 7 1. 12 USC 173SC.

ASSISTANCE U N D E R SECTION 2 3 6 A N D R E N T S U P P L E M E N T PROGRAMS FOR E X I S T I N G P R O J E C T S F I N A N C E D U N D E R CERTAIN STATE OR LOCAL PROGRAMS

SEC. 118. (a) Section 236(b) of the National Housing Act is amended by striking out "which prior to completion of construction or rehabilitation is approved for receiving the benefits of this section" and inserting in lieu thereof the following: "which may involve either new or existing construction and which is approved for receiving the benefits of this section". (b) The second sentence of section 101(b) of the Housing and Urban Development Act of 1965 is amended by striking out "which prior to completion of construction or rehabilitation is approved for receiving the benefits of this section" and inserting in lieu thereof the following: "which may involve either new or existing construction and which is approved for receiving the benefits of this section". LAND DEVELOPMENT

^n'e. p. 1772.

82 Stat. 503. ^^ ^^^ 1701 s.

PLANNING

SEC. 119. Section 1003(b)(3) of the National Housing Act is amended by inserting before the period at the end thereof the following: "; except that, in the case of land development covered by a mortgage with respect to which an insurance commitment is issued under this title before the expiration of one year after the date of enactment of the Housing and Urban Development Act of 1970, the requirement of this paragraph shall be applicable only if there is actually in existence on the date the commitment is issued a comprehensive plan which covers, or comprehensive planning being carried on for, the area in which the land is situated".

Jsulcmgcc

OCCUPANCY P R E F E R E N C E I N F H A R E N T A L H O U S I N G FOR M I L I T A R Y PERSONNEL

S E C 120. (a) Section 101(c)(2) of the Housing and Urban Devel- 79 Stat. 451. opment Act of 1965 is amended by (1) striking out the word "or" between paragraphs (D) and (E), (2) striking out the period at the end of paragraph (E) and inserting in lieu thereof "; or", and (.3) adding after paragraph (E) the following: " (F) a family whose head, or spouse, is a member of the Armed Forces of the United States who is serving on active duty." (b) Paragraph (B) of section 101(e)(1) of such Act is amended by striking out the period and inserting in lieu thereof the following: "or is a member of the Armed Forces of the United States serving on active duty." (c) Section 7 of the Department of Housing and Urban Development Act (as amended by section 905 of this Act) is amended by ^^f ^544^^' adding at the end thereof the following new subsection: ^^42 USC 35*35..

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12 u*^c' 1 * 7 ^0 79 Stat. 451.' 12 USC 1701s.

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[84 STAT.

other considerations, any rental housing project assisted under title II ^^ *^^^ National Housing Act or title I of the Housing and Urban Development Act of 1965 could ordinarily be expected substantially to serve the family housing needs of lower income military personnel serving on active duty, the Secretary is authorized to provide for or approve such preference or priority of occupancy of such project by such military personnel as he shall determine is appropriate to assure that the project will serve their needs on a continuing basis notwithstanding the frequency with which individual members of such personnel may be transferred or reassigned to new duty stations." STATE F U N D I N G OF SECTION
 * '(m) Whenever he shall determine that, because of location or

2 3 6 I N T E R E S T REDUCTION

PAYMENTS

82 Stat. 498; SEC. 121. (a) Section 236 of the National Housing Act is amended Tusc^msz-i. ^y adding at the end thereof the following new subsection: " (n) The Secretary is authorized to enter into agreements with any State or agency thereof under which such State or agency thereof contracts to make interest reduction payments, subject to all the terms and conditions specified in this section and in rules, regulations and procedures adopted by the Secretary under this section, with respect to all or a part of a project covered by a mortgage insured under this section. Any funds provided by a State or agency thereof for the purpose of making interest reduction payments shall be administered, disbursed and accounted for by the Secretary in accordance with the agreements entered into by the Secretary with the State or agency thereof and for such fees as shall be specified therein. Before entering into any agreements pursuant to this subsection the Secretary shall require assurances satisfactory to him that the State or agency thereof is able to provide sufficient funds for the making of interest reduction payments for the full period specified in the interest reduction contract." (b) The first sentence of section 236(i)(1) of such Act is amended by inserting "by the Secretary" immediately following "entered into". TITLE II—URBAN RENEWAL AND HOUSING ASSISTANCE PROGRAMS U R B A N R E N E W A L GRANT AUTHORITY

63 Stat. 416; ^'4 USC''i453.

SEC. 201. Section 103(b) of the Housing Act of 1949 is amended— (1) by striking out "and by $1,700,000,000 on July 1, 1970" in the first sentence and inserting in lieu thereof "by $1,700,000,000 on July 1, 1970, and by $1,500,000,000 on July 1, 1971"; and (2) by striking out "beginning July 1, 1969, and July 1, 1970" in the second sentence and inserting in lieu thereof "commencing after June 30, 1969 and ending prior to July 1, 1974". PUBLIC HOUSING A N N U A L

CONTRIBUTIONS

SEC. 202. The first sentence of section 10(e) of the United States 83 Stat. 388. use 1410.

Housing Act of 1937 is amended by striking o u t " and $170,000,000 on j ^ j y ^^ ^g^Q„ ^ ^ ^ inserting i n lieu thereof "$320,000,000 o n July 1, 1970, and $225,000,000 on July 1, 1971 ".

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U S E OF P U B L I C H O U S I N G CONTRACT AUTHORITY FOR L O W - R E N T H O U S I N G I N PRIVATE ACCOMMODATIONS

SEC. 203. The first sentence of section 10(e) of the United States Housing Act of 1937 is amended by striking out '"'•Provided further' and inserting in lieu thereof '•'•Provided further, That at least 30 per centum of the total amount of contracts for annual contributions entered into in any fiscal year pursuant to the new authority granted under section 202 of the Housing and Urban Development Act of 1970 or under any law subsequently enacted shall be entered into with respect to units of low-rent housing in private accommodations provided under section 23: And provided further\

52 Stat. 820; 79 Stat. 487. 42 USC 1410.

T E R M A N D R E N E W A L O F CONTRACTS FOR L O W - R E N T H O U S I N G I N PRIVATE ACCOMMODATIONS

SEC. 204. (a)(1) Section 23(a)(3) of the United States Housing Act of 1937 is amended by striking out "an existing" and inserting in lieu thereof "a". (2) Section 10(c) of such Act is amended by striking out "existing" in the last proviso. (b) The last sentence of section 23(d) of such Act is amended— (1) by striking out "not less than twelve months nor more than sixty months" and inserting in lieu thereof "not less than twelve months nor more than one hundred and twenty months"; and (2) by inserting before the period at the end thereof the following: ": Provided, That no renewal of such a contract shall result in a total term exceeding two hundred and forty months (or one hundred and eighty months in the case of an existing structure)".

79 Stat. 4 5 5. 42 USC 1421b. 50 Stat. 892; 79 Stat. 487. 82 Stat. 5 0 5.

AUTHORIZATION FOR COLLEGE H O U S I N G DEBT SERVICE GRANTS

SEC. 205. Section 401(f)(2) of the Housing Act of 1950 is amended by inserting before the period at the end thereof the following: ", and by $12,000,000 on July 1, 1971". EXPENSES IN

^^^fj^*- ^°^' 12 us'c 1749.

C O N N E C T I O N W I T H THE SALE OF S U R P L U S FEDERAL LANDS TO LOCAL U R B A N R E N E W A L AGENCIES

SEC. 206. The last sentence of section 108 of the Housing Act of 1949 is amended by inserting "net" immediately before "proceeds".

63 Stat. 4 1 9. 42 USC 1458.

CONGREGATE H O U S I N G FOR THE DISPLACED, ELDERLY, AND H A N D I C A P P E D

SEC. 207. Section 15 of the United States Housing Act of 1937 is amended by adding at the end thereof a new paragraph as follows: "(12) The Secretary shall encourage public housing agencies, in providing housing predominantly for displaced, elderly, or handicapped families, to design, develop, or otherwise acquire such housing to meet the special needs of the occupants and, wherever practicable, for use in whole or in part as congregate housing: Provided, That not more than 10 per centum of the total amount of contracts for annual contributions entered into in any fiscal year pursuant to the new authority granted under section 202 of the Housing and Urban Development Act of 1970 or under any law subsequently enacted shall be entered into with respect to units in congregate housing. As used in this paragraph, the term 'congregate housing' means low-rent housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly families

50 Stat. 8 9 5; 82 Stat. 504. 42 USC 1415.

"eongregate housing."

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[84 STAT.

under terms and conditions prescribed b}^ the public housing agency to permit a generally self-supporting operation. Expenditures incurred by a public agency in the operation of a central dining facility in connection with congregate housing (other than the cost of providing food and service) shall be considered one of the costs of administration of the project." PUBLIC HOUSING RENT

73 Stat. 680; ^^^u^^sc^14*02.

Effective date.

REQUIREMENTS

SEC. 208. (a) Section 2(1) of the United States Housing Act of 1937 is amended by adding at the end of the second paragraph the following: " I n defining income for purposes of applying the onefourth of family income limitation set forth above, the Secretary shall consider income from all sources of each member of the family residing in the household who is at least eighteen years of age; except that (A) nonrecurring income, as determined by the Secretary, and the income of full-time students shall be excluded; (B) an amount equal to the sum of (i) $300 for each dependent, (ii) $300 for each secondary wage earner, (iii) 5 per centum of the family's gross income (10 per centum in the case of elderly families), and (iv) those medical expenses of the family properly considered extraordinary shall be deducted; and (C) the Secretary may allow further deductions in recognition of unusual circumstances." (b) The iucome definition contained in the last sentence of the second paragraph of section 2(1) of the Housing Act of 1937, as added by subsection (a) of this section, shall be effective at the first annual rexamination of the tenant's income subsequent to March 24, 1971. P U B L I C H O U S I N (COST L I M I T S

SEC. 209. (a) The first sentence of section 15(5) of the United States 63 Stat. 424; Housing Act of 1937 is amended by striking out all that follows 83 Stat! 389! "based" and inserting in lieu thereof the following: "shall not exceed 42 USC 1415. by more than 10 per centum the appropriate prototype cost for the area. Prototype costs shall be determined at least annually by the Secretary on the basis of his estimate of the construction and equipment costs of new dwelling units of various sizes and types in the area suitable for occupancy by persons assisted under this Act. The Secretary in determining the area's prototype costs shall take into account the extra durability required for economical maintenance of assisted housing, and the provision of amenities designed to guarantee safe and healthy family life and neighborhood environment. Futher, in developing such prototypes, emphasis should be given to encouraging good design as an essential component of such housing and to producing housing which will be of such quality as to reflect the archipubiication in tectural standards of the neighborhood and community. The protoype Federal Register. pQg^g ^QJ..^j^y ^^j-gj^ shall becoiiie effective upon the date of publication in the Federal Register." Effective date. (^]^^ This section becouies effecti^'e on such date as the Secretary of Housing and Urban Development prescribes, but not later than one hundred and twenty days following the date of enactment of this Act. AMENDMENT OF CONTRACTS TO ASSURE L O W - R E N T CIIARACIT.R OF PROJECTS

63 stat^.^430;

82 Stat. 505 42 USC 1410.

SEC. 210. The third sentence of section 10(a) of the United States Housing Act of 1937 is amended by striking out the period and inserting in lieu thereof the following: ": Provided further, That the Authority is authorized to amend or supersede annual contributions contracts to provide payments annually (within the limitations prescribed by this Act) which the Authority determines are required (1) to assure the low-rent character of the projects involved, and (2) to

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achieve and maintain adequate operating and maintenance services and reserve funds including payment of outstanding debts." POLICy

STATEMENT

SEC. 211. Section 1 of the United States Housing Act of 1937 is so Stat. sss; amended by adding at the end thereof the following: " I t is the sense ^^4fuse^1401. of the Congress that no person should be barred from serving on the board of directors or similar governing body of a local public housing agency because of his tenancy in a low-rent housing project." RELOCATION PAYMENTS

SEC. 212. (a) Section 114(b)(1) of the Housing Act of 1949 is amended by inserting before the semicolon the following: ": Provided further, That the Secretary may authorize payment to displaced business concerns of fixed amounts in lieu of their total certified actual moving expenses where he determines that it is impractical for a displaced business concern to calculate the amount of such expenses". (b) The last sentence of section 114(b) of such Act is amended by striking out "certified actual". EARLY CLOSEOUT OF URBAN R E N E W A L

78 Stat. 788. '^^ ^^^ ^'^^^'

PROJECTS

SEC. 213. (a) Section 106(i) of the Housing Act of 1949 is amended to read as follows: "(i) Upon determination of the Secretary that the local public agency does not expect to be able in the reasonably near future, due to circumstances beyond its control, to dispose of urban renewal project land acquired in accordance with the urban renewal plan and that all other project activities are completed except local grant-in-aid activities designated in the third proviso to section 110(d) under the conditions specified therein, and that a closeout of the urban renewal project pursuant to this subsection would be in the financial interest of the Federal Government, the urban renewal project may be deemed completed, net project cost may be computed, and the capital grant paid. To facilitate these actions, the Secretary may pay to the local public agency a grant, in addition to the capital grant otherwise payable, equal to one-third (or one-fourth in the case of projects funded on the three-fourths capital grant basis) of the estimated disposition proceeds of such land as accepted by the Secretary. No local grant-inaid shall be required on account of this additional grant. The approval of the Secretary shall be obtained prior to the disposition of such land by the local public agency and net proceeds realized from the disposition of such land after project closeout shall be paid to the Secretary by the local public agency." (b) Section 110(f) of such Act is amended by striking out "or for subsequent disposition or retention as provided under section 106(i)".

82 Stat. 522. " ^ "^'^ ^'*^^* ^

42 USC i46o.

RELEASE FROM CERTAIN PROJECT OBLIGATIONS

SEC. 214. Notwithstanding any other provision of this Act or title I of the Housing Act of 1949, as amended, the Secretary of Housing 63 Stat. 414; and Urban Development is authorized and directed to release the City H stat! sis! of Stanton, Texas, and the Urban Kenewal Agency of the City of 42 USC 1450. Stanton, Texas, from the obligations of their agreement with the Department of Housing and Urban Development entered into in connection with the closeout of projects numbered Tex. E-45 and Tex.

47-348 O - 72 - 29 (Pt. 2)

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STAT.

R-81 and to close out those projects, effective as of the original date of closeout, on the basis of the authority granted under section 213 of this Act. U R B A N R E N E W A L P R O J E C T I N MONROE,

68 Stat. 6 2 2. 42 USC 1450.

WISCONSIN

SEC. 215. Notwithstanding the date of commencement of construction of streets and highways in the tornado urban renewal area in Monroe, Wisconsin, local expenditures made in connection therewith shall, to the extent otherwise eligible, be counted as a local grant-inaid to the tornado urban renewal project (Wisconsin R-27) in accordance with the provisions of title I of the Housing Act of 1949. TITLE III—MODEL CITIES AND METROPOLITAN DEVELOPMENT PROGRAMS AUTHORIZATION FOR MODEL CITIES PROGRAM

80 Stat. 1260; 83 Stat. 3 9 1. 42 USC 3 3 1 1.

SEC. 301. (a) Section 111(b) of the Demonstration Cities and Metropolitan Development Act of 1966 is amended— (1) by striking out "and" thie third time it appears; and (2) by inserting before the period at the end thereof the following: ", and not to exceed $200,000,000 for the fiscal year ending June 30, 1972". (b) Section 111(c) of such Act is amended by striking out "1971" and inserting in lieu thereof "1972". (c) Section 111 of such Act is further amended by striking out "and administrative expenses" each place it appears. AUTHORIZATION FOR COMPREHENSIVE! P L A N N I N G

82 Stat. 5 29; 83 Stat. 3 9 1. 40 USC 4 6 1.

SEC. 302. The fifth sentence of section 701(b) of the Housing Act of 1954 is amended by striking out "and not to exceed $390,000,000 prior to July 1, 1971" and inserting in lieu thereof "and not to exceed $420,000,000 prior to July 1, 1972". N E W COMMUNITY LAND

82 Stat. 516. 42 USC 3906. 83 Stat. 3 9 1. 42 USC 3 9 1 1. 42 USC 3907.

DEVELOPMENT

SEC. 303. (a) Section 407(d) of the Housing and Urban Development Act of 19'68 is amended by striking out "$250,000,000" and inserting in lieu thereof "$500,000,000". (b) Section 412(d) of such Act is amended by striking out "July 1, 1971" and inserting in lieu thereof "July 1, 1974". (c) Section 408 of such Act is amended— (1) by striking out "qualified"; and (2) by striking out all that follows "guaranteed obligation" and inserting in lieu thereof a period. COMMUNITY F A C I L I T I E S

Ante, p. 886.

GRANTS

GRANTS

SEC. 304. (a) Section 708(a) of the Housing and Urban Development Act of 1965 is amended by adding at the end thereof the following new sentence: " I n addition, there is authorized to be appropriated for the fiscal year commencing July 1, 1971, not to exceed $50,000,000 for grants under section 703." (b) Section 708(b) of such Act is amended by striking out "1971" and inserting in lieu thereof "1972".

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1781

EXTENSION OF URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES AUTHORIZATION

SEC. 305. Section 906 of the Demonstration Cities and Metropolitan Development Act of 1966 is amended by striking out "July 1, 1971" and inserting in lieu thereof "July 1, 1972''. TITLE

lY—CONSOLIDATION OF PKOGKAMS

OPEN-SPACE

^3 stat^-394^.^

LAND

SEC. 401. Effective July 1, 1971, title VII of the Housing Act of 1961 is amended to read as follows:

Effective date. ^s Stat. iss. 42 USC 1500.

"TITLE VII—OPEN-SPACE LAND " F I N D I N G S AND

PURPOSE

"SEC. 701. (a) The Congress finds that the rapid expansion of the Nation's urban areas and the rapid growth of population within such areas has resulted in severe problems of urban and suburban living for the preponderant majority of the Nation's present and future population, including the lack of valuable open-space land for recreational and other purposes. "(b) The Congress further finds that there is a need for the additional provision of parks and other open space in the built-up portions of urban areas especially in low income neighborhoods and communities and a need for greater and better coordinated State and local efforts to make available and improve open-space land throughout entire urban areas. "(c) The Congress further finds that there is a need for timely action to preserve and restore areas, sites, and structures of historic or achitectural value in order that these remaining evidences of our history and heritage shall not be lost or destroyed through the expansion and development of the Nation's urban areas. " (d) I t is the purpose of this title to help curb urban sprawl and prevent the spread of urban blight and deterioration, to encourage more economic and desirable urban development, to assist in preserving areas and properties of historic or architectural value, and to help provide necessary recreational, conservation, and scenic areas by assisting State and local public bodies in taking prompt action to (1) provide, preserve, and develop open-space land in a manner consistent with the planned long-range development of the Nation's urban areas, (2) acquire, improve, and restore areas, sites, and structures of historic or architectural vahie, and (3) develop and improve open space and other public urban land, in accordance with programs to encourage and coordinate local public and private efforts toward this end. " G R A N T S FOR ACQUISITION AND FOR DEVELOPMENT OF OPEN-SPACE LAND

"SEC. 702. (a) The Secretary is authorized to make grants to States and local public bodies to help finance (1) the acquisition of title to, or other interest in, open-space land in urban areas and (2) the development of open-space or other land in urban areas for open-space uses. The amount of any such grant shall not exceed 50 per centum of the eligible project cost, as approved by the Secretary, of such acquisition or development. Not more than 50 per centum of the non-Federal share of such eligible project cost may, to the extent authorized in regulations established by the Secretary, be made up by donations of land or materials.

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[84 STAT.

" (b) Xo grants under this title shall be made to (1) defray ordinary State or local governmental expenses, (2) help finance the acquisition by a public body of land located outside the urban area for which it exercises (or participates in the exercise of) responsibilities consistent with the purpose of this title, (3) acquire and clear developed land in built-up urban areas unless the local governing body determines that adequate open-space land cannot be effectively provided through the use of existing undeveloped land, or (4) provide assistance for historic and architectural preservation purposes, except for districts, sites, buildings, structures, and objects which the Secretary of the Interior determines meet the criteria used in establishing the National Register. "(c) The Secretary may set such further terms and conditions for assistance under this title as he determines to be desirable. "(d) The Secretary shall consult with the Secretary of the Interior on the general policies to be followed in reviewing applications for grants under this title. To assist the Secretary in such review, the Secretary of the Interior shall furnish him (1) appropriate information on the status of national and statewide recreation and historic preservation planning as it affects the areas to be assisted with such grants, and (2) the current listing of any districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture which may be contained on a National Register maintained by the Secretary of the Interior pursuant to other provisions of law. The Secretary shall provide current information to the Secretary of the Interior from time to time on significant program developments. "(e) The Secretary may provide such technical assistance to States and locjil public bodies as may be required to effectively carry out activities under this section, "PLANNING REQUIREMENTS

"SEC. 703. The Secretary shall make grants under section 702 only if he finds that such assistance is needed for carrying out a unified or officially coordinated program, meeting criteria established by him, for the provision and development of open-space land which is a part of, or is consistent with, the comprehensively planned development of the urban area. "CONVERSIONS TO OTHER USES

"SEC. 704. No open-space land for the acquisition of which a grant has been made under section 702 shall be converted to uses not originally approved by the Secretary without his prior approval. Prior approval will be granted only upon satisfactory compliance with regulations established by the Secretary. Such regulations shall require findings that (1) there is adequate assurance of the sub",titution of other open-space land of as nearly as feasible equivalent usefulness, location, and fair market value at the time of the conversion; (2) the conversion and substitution are needed for orderly growth and development; and (3) the proposed uses of the converted and substituted land are in accord with the then applicable comprehensive plan for the urban area, meeting criteria established by the Secretary. "CONVERSIONS OF LAND INVOLVING HISTORIC OR ARCHITECTURAL PURPOSES

"SEC. 705. No open-space land involving historic or architectural purposes for which assistance has been granted under this title shall be converted to use for any other purpose without the prior approval of the Secretary of the Interior.

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"ACQUISITION or INTERESTS TO GUIDE URBAN DEVELOPMENT

"SEC. 706. In order to encourage the acquisition of interests in undeveloped or predominantly undeveloped land which, if withheld from commercial, industrial, and residential development, would have special significance in helping to shape economic and desirable patterns of urban growth (including growth outside of existing urban areas which is directly related to the development of new communities or the expansion and revitalization of existing communities), the Secretary may make grants to State and local public bodies for the acquisition oi such interests in an amount not to exceed 75 per centum of the cost of such acquisition. In the case of any interests acquired pursuant to this section, the Secretary may approve the subsequent conversion or disposition of the land involved without regard to other requirements of this title but subject to such terms and conditions as he determines equitable and appropriate with respect to the control of future use and the application or sharing of the proceeds or value realized upon sale or disposition. "LABOR STANDARDS

"SEC. 707. (a) The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of grants under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as deteiTnined by the Secretary of Labor in accordance with the DavisBacon Act, as amended. The Secretary shall not approve any such grant without first obtaining adequate assurance 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 U.S.C. 133z-15), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c). ((AUraORIZATION "SEC. 708. There are authorized to be appropriated for pi^rposes of making grants under this title not to exceed $560,000,000 prior to July 1, 1972. Any amounts appropriated under this section shall remain available until expended. "DEFINI-nONS

"SEC. 709. As used in this title— " (1) The term 'open-space land' means any land located in an urban area which has value for (A) park and recreational purposes, (B) conservation of land and other natural resources, or (C) historic, architectural, or scenic purposes. "(2) The term 'urban area' means any area which is urban in character, including those surrounding areas which, in the judgment of the Secretary, form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities. " (3) The term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States.

49 Stat. 1011. 40 USC 276a.

s use app. " Stat. los.

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