42 U.S.C. § 5302 : US Code - Section 5302: General provisions

Search 42 U.S.C. § 5302 : US Code - Section 5302: General provisions

(a) Definitions
As used in this chapter -
(1) The term "unit of general local government" means any city,
county, town, township, parish, village, or other general purpose
political subdivision of a State; Guam, the Northern Mariana
Islands, the Virgin Islands, and American Samoa, or a general
purpose political subdivision thereof; a combination of such
political subdivisions that, except as provided in section
5306(d)(4) of this title, is recognized by the Secretary; and the
District of Columbia. Such term also includes a State or a local
public body or agency (as defined in section 4512 (!1) of this
title), community association, or other entity, which is approved
by the Secretary for the purpose of providing public facilities
or services to a new community as part of a program meeting the
eligibility standards of section 4513 (!1) of this title or title
IV of the Housing and Urban Development Act of 1968 [42 U.S.C.
3901 et seq.].
(2) The term "State" means any State of the United States, or
any instrumentality thereof approved by the Governor; and the
Commonwealth of Puerto Rico.
(3) The term "metropolitan area" means a standard metropolitan
statistical area as established by the Office of Management and
Budget.
(4) The term "metropolitan city" means (A) a city within a
metropolitan area which is the central city of such area, as
defined and used by the Office of Management and Budget, or (B)
any other city, within a metropolitan area, which has a
population of fifty thousand or more. Any city that was
classified as a metropolitan city for at least 2 years pursuant
to the first sentence of this paragraph shall remain classified
as a metropolitan city. Any unit of general local government that
becomes eligible to be classified as a metropolitan city, and was
not classified as a metropolitan city in the immediately
preceding fiscal year, may, upon submission of written
notification to the Secretary, defer its classification as a
metropolitan city for all purposes under this chapter, if it
elects to have its population included in an urban county under
subsection (d) of this section. Notwithstanding the second
sentence of this paragraph, a city may elect not to retain its
classification as a metropolitan city. Any city classified as a
metropolitan city pursuant to this paragraph, and that no longer
qualifies as a metropolitan city in a fiscal year beginning after
fiscal year 1989, shall retain its classification as a
metropolitan city for such fiscal year and the succeeding fiscal
year, except that in such succeeding fiscal year (A) the amount
of the grant to such city shall be 50 percent of the amount
calculated under section 5306(b) of this title; and (B) the
remaining 50 percent shall be added to the amount allocated under
section 5306(d) of this title to the State in which the city is
located and the city shall be eligible in such succeeding fiscal
year to receive a distribution from the State allocation under
section 5306(d) of this title as increased by this sentence. Any
unit of general local government that was classified as a
metropolitan city in any fiscal year, may, upon submission of
written notification to the Secretary, relinquish such
classification for all purposes under this chapter if it elects
to have its population included with the population of a county
for purposes of qualifying for assistance (for such following
fiscal year) under section 5306 of this title as an urban county
under paragraph (6)(D). Any metropolitan city that elects to
relinquish its classification under the preceding sentence and
whose port authority shipped at least 35,000,000 tons of cargo in
1988, of which iron ore made up at least half, shall not receive,
in any fiscal year, a total amount of assistance under section
5306 of this title from the urban county recipient that is less
than the city would have received if it had not relinquished the
classification under the preceding sentence.
(5) The term "city" means (A) any unit of general local
government which is classified as a municipality by the United
States Bureau of the Census or (B) any other unit of general
local government which is a town or township and which, in the
determination of the Secretary, (i) possesses powers and performs
functions comparable to these associated with municipalities,
(ii) is closely settled, and (iii) contains within its boundaries
no incorporated places as defined by the United States Bureau of
the Census which have not entered into cooperation agreements
with such town or township to undertake or to assist in the
undertaking of essential community development and housing
assistance activities.
(6)(A) The term "urban county" means any county within a
metropolitan area which -
(i) is authorized under State law to undertake essential
community development and housing assistance activities in its
unincorporated areas, if any, which are not units of general
local government; and
(ii) either -
(I) has a population of 200,000 or more (excluding the
population of metropolitan cities therein) and has a combined
population of 100,000 or more (excluding the population of
metropolitan cities therein) in such unincorporated areas and
in its included units of general local government (and in the
case of counties having a combined population of less than
200,000, the areas and units of general local government must
include the areas and units of general local government which
in the aggregate have the preponderance of the persons of low
and moderate income who reside in the county) (a) in which it
has authority to undertake essential community development
and housing assistance activities and which do not elect to
have their population excluded, or (b) with which it has
entered into cooperation agreements to undertake or to assist
in the undertaking of essential community development and
housing assistance activities; or
(II) has a population in excess of 100,000, a population
density of at least 5,000 persons per square mile, and
contains within its boundaries no incorporated places as
defined by the United States Bureau of the Census.
(B) Any county that was classified as an urban county for at
least 2 years pursuant to subparagraph (A), (C), or (D) shall
remain classified as an urban county, unless it fails to qualify
as an urban county pursuant to subparagraph (A) by reason of the
election of any unit of general local government included in such
county to have its population excluded under clause (ii)(I)(a) of
subparagraph (A) or not to renew a cooperation agreement under
clause (ii)(I)(b) of such subparagraph.
(C) Notwithstanding the combined population amount set forth in
clause (ii) of subparagraph (A), a county shall also qualify as
an urban county for purposes of assistance under section 5306 of
this title if such county -
(i) complies with all other requirements set forth in the
first sentence;
(ii) has, according to the most recent available decennial
census data, a combined population between 190,000 and 199,999,
inclusive (excluding the population of metropolitan cities
therein) in all its unincorporated areas that are not units of
general local government and in all units of general local
government located within such county;
(iii) had a population growth rate of not less than 15
percent during the most recent 10-year period measured by
applicable censuses; and
(iv) has submitted data satisfactory to the Secretary that it
has a combined population of not less than 200,000 (excluding
the population of metropolitan cities therein) in all its
unincorporated areas that are not units of general local
government and in all units of general local government located
within such county.
(D) Such term also includes a county that -
(i) has a combined population in excess of 175,000, has more
than 50 percent of the housing units of the area unsewered, and
has an aquifer that was designated before March 1, 1987, a sole
source aquifer by the Environmental Protection Agency;
(ii) has taken steps, which include at least one public
referendum, to consolidate substantial public services with an
adjoining metropolitan city, and in the opinion of the
Secretary, has consolidated these services with the city in an
effort that is expected to result in the unification of the two
governments within 6 years of February 5, 1988;
(iii) had a population between 180,000 and 200,000 on October
1, 1987, was eligible for assistance under section 5318 of this
title in fiscal year 1986, and does not contain any
metropolitan cities;
(iv) has entered into a local cooperation agreement with a
metropolitan city that received assistance under section 5306
of this title because of such classification, and has elected
under paragraph (4) to have its population included with the
population of the county for purposes of qualifying as an urban
county; except that to qualify as an urban county under this
clause (I) the county must have a combined population of not
less than 195,000, (II) more than 15 percent of the residents
of the county shall be 60 years of age or older (according to
the most recent decennial census data), (III) not less than 20
percent of the total personal income in the county shall be
from pensions, social security, disability, and other transfer
programs, and (IV) not less than 40 percent of the land within
the county shall be publicly owned and not subject to property
tax levies;
(v)(I) has a population of 175,000 or more (including the
population of metropolitan cities therein), (II) before January
1, 1975, was designated by the Secretary of Defense pursuant to
section 608 of the Military Construction Authorization Act,
1975 (Public Law 93-552; 88 Stat. 1763), as a Trident Defense
Impact Area, and (III) has located therein not less than 1 unit
of general local government that was classified as a
metropolitan city and (a) for which county each such unit of
general local government therein has relinquished its
classification as a metropolitan city under the 6th sentence of
paragraph (4), or (b) that has entered into cooperative
agreements with each metropolitan city therein to undertake or
to assist in the undertaking of essential community development
and housing assistance activities;
(vi) has entered into a local cooperation agreement with a
metropolitan city that received assistance under section 5306
of this title because of such classification, and has elected
under paragraph (4) to have its population included with the
population of the county for the purposes of qualifying as an
urban county, except that to qualify as an urban county under
this clause, the county must -
(I) have a combined population of not less than 210,000,
excluding any metropolitan city located in the county that is
not relinquishing its metropolitan city classification,
according to the 1990 decennial census of the Bureau of the
Census of the Department of Commerce;
(II) including any metropolitan cities located in the
county, have had a decrease in population of 10,061 from 1992
to 1994, according to the estimates of the Bureau of the
Census of the Department of Commerce; and
(III) have had a Federal naval installation that was more
than 100 years old closed by action of the Base Closure and
Realignment Commission appointed for 1993 under the Base
Closure and Realignment Act of 1990, directly resulting in a
loss of employment by more than 7,000 Federal Government
civilian employees and more than 15,000 active duty military
personnel, which naval installation was located within one
mile of an enterprise community designated by the Secretary
pursuant to section 1391 of title 26, which enterprise
community has a population of not less than 20,000, according
to the 1990 decennial census of the Bureau of the Census of
the Department of Commerce (!2)
(vii)(I) has consolidated its government with one or more
municipal governments, such that within the county boundaries
there are no unincorporated areas; (II) has a population of not
less than 650,000; (III) for more than 10 years, has been
classified as a metropolitan city for purposes of allocating
and distributing funds under section 5306 of this title; and
(IV) as of October 27, 2000, has over 90 percent of the
county's population within the jurisdiction of the consolidated
government; or
(viii) notwithstanding any other provision of this section,
any county that was classified as an urban county pursuant to
subparagraph (A) for fiscal year 1999, at the option of the
county, may hereafter remain classified as an urban county for
purposes of this Act.
(E) Any county classified as an urban county pursuant to
subparagraph (A), (B), or (C) of this paragraph, and that no
longer qualifies as an urban county under such subparagraph in a
fiscal year beginning after fiscal year 1989, shall retain its
classification as an urban county for such fiscal year and the
succeeding fiscal year, except that in such succeeding fiscal
year (i) the amount of the grant to such an urban county shall be
50 percent of the amount calculated under section 5306(b) of this
title; and (ii) the remaining 50 percent shall be added to the
amount allocated under section 5306(d) of this title to the State
in which the urban county is located and the urban county shall
be eligible in such succeeding fiscal year to receive a
distribution from the State allocation under section 5306(d) of
this title as increased by this sentence.
(7) The term "nonentitlement area" means an area which is not a
metropolitan city or part of an urban county and does not include
Indian tribes.
(8) The term "population" means total resident population based
on data compiled by the United States Bureau of the Census and
referable to the same point or period in time.
(9) The term "extent of poverty" means the number of persons
whose incomes are below the poverty level. Poverty levels shall
be determined by the Secretary pursuant to criteria provided by
the Office of Management and Budget, taking into account and
making adjustments, if feasible and appropriate and in the sole
discretion of the Secretary, for regional or area variations in
income and cost of living, and shall be based on data referable
to the same point or period in time.
(10) The term "extent of housing overcrowding" means the number
of housing units with 1.01 or more persons per room based on data
compiled by the United States Bureau of the Census and referable
to the same point or period in time.
(11) The term "age of housing" means the number of existing
housing units constructed in 1939 or earlier based on data
compiled by the United States Bureau of the Census and referable
to the same point or period in time.
(12) The term "extent of growth lag" means the number of
persons who would have been residents in a metropolitan city or
urban county, in excess of the current population of such
metropolitan city or urban county, if such metropolitan city or
urban county had had a population growth rate between 1960 and
the date of the most recent population count referable to the
same point or period in time equal to the population growth rate
for such period of all metropolitan cities. Where the boundaries
for a metropolitan city or urban county used for the 1980 census
have changed as a result of annexation, the current population
used to compute extent of growth lag shall be adjusted by
multiplying the current population by the ratio of the population
based on the 1980 census within the boundaries used for the 1980
census to the population based on the 1980 census within the
current boundaries.
(13) The term "housing stock" means the number of existing
housing units based on data compiled by the United States Bureau
of the Census and referable to the same point or period in time.
(14) The term "adjustment factor" means the ratio between the
age of housing in the metropolitan city or urban county and the
predicted age of housing in such city or county.
(15) The term "predicted age of housing" means the arithmetic
product of the housing stock in the metropolitan city or urban
county multiplied times the ratio between the age of housing in
all metropolitan areas and the housing stock in all metropolitan
areas.
(16) The term "adjusted age of housing" means the arithmetic
product of the age of housing in the metropolitan city or urban
county multiplied times the adjustment factor.
(17) The term "Indian tribe" means any Indian tribe, band,
group, and nation, including Alaska Indians, Aleuts, and Eskimos,
and any Alaskan Native Village, of the United States, which is
considered an eligible recipient under the Indian Self-
Determination and Education Assistance Act (Public Law 93-638)
[25 U.S.C. 450 et seq.] or was considered an eligible recipient
under chapter 67 of title 31 prior to the repeal of such chapter.
(18) The term "Federal grant-in-aid program" means a program of
Federal financial assistance other than loans and other than the
assistance provided by this chapter.
(19) The term "Secretary" means the Secretary of Housing and
Urban Development.
(20)(A) The terms "persons of low and moderate income" and "low-
and moderate-income persons" mean families and individuals
whose incomes do not exceed 80 percent of the median income of
the area involved, as determined by the Secretary with
adjustments for smaller and larger families. The term "persons of
low income" means families and individuals whose incomes do not
exceed 50 percent of the median income of the area involved, as
determined by the Secretary with adjustments for smaller and
larger families. The term "persons of moderate income" means
families and individuals whose incomes exceed 50 percent, but do
not exceed 80 percent, of the median income of the area involved,
as determined by the Secretary with adjustments for smaller and
larger families. For purposes of such terms, the area involved
shall be determined in the same manner as such area is determined
for purposes of assistance under section 1437f of this title.
(B) The Secretary may establish percentages of median income
for any area that are higher or lower than the percentages set
forth in subparagraph (A), if the Secretary finds such variations
to be necessary because of unusually high or low family incomes
in such area.
(21) The term "buildings for the general conduct of government"
means city halls, county administrative buildings, State capitol
or office buildings, or other facilities in which the legislative
or general administrative affairs of the government are
conducted. Such term does not include such facilities as
neighborhood service centers or special purpose buildings located
in low- and moderate-income areas that house various
nonlegislative functions or services provided by government at
decentralized locations.
(22) The term "microenterprise" means a commercial enterprise
that has 5 or fewer employees, 1 or more of whom owns the
enterprise.
(23) The term "small business" means a business that meets the
criteria set forth in section 632(a) of title 15.
(24) The term "insular area" means each of Guam, the Northern
Mariana Islands, the Virgin Islands, and American Samoa.
(b) Basis and modification of definitions
Where appropriate, the definitions in subsection (a) of this
section shall be based, with respect to any fiscal year, on the
most recent data compiled by the United States Bureau of the Census
and the latest published reports of the Office of Management and
Budget available ninety days prior to the beginning of such fiscal
year. The Secretary may by regulation change or otherwise modify
the meaning of the terms defined in subsection (a) of this section
in order to reflect any technical change or modification thereof
made subsequent to such date by the United States Bureau of the
Census or the Office of Management and Budget.
(c) Designation of public agencies
One or more public agencies, including existing local public
agencies, may be designated by the chief executive officer of a
State or a unit of general local government to undertake activities
assisted under this chapter.
(d) Local governments, inclusion in urban county population
With respect to program years beginning with the program year for
which grants are made available from amounts appropriated for
fiscal year 1982 under section 5303 of this title, the population
of any unit of general local government which is included in that
of an urban county as provided in subparagraph (A)(ii) or (D) of
subsection (a)(6) of this section shall be included in the
population of such urban county for three program years beginning
with the program year in which its population was first so included
and shall not otherwise be eligible for a grant under section 5306
of this title as a separate entity, unless the urban county does
not receive a grant for any year during such three-year period.
(e) Exclusion of local governments from urban county population;
notification of election
Any county seeking qualification as an urban county, including
any urban county seeking to continue such qualification, shall
notify, as provided in this subsection, each unit of general local
government, which is included therein and is eligible to elect to
have its population excluded from that of an urban county under
subsection (a)(6)(A)(ii)(I)(a) of this section, of its opportunity
to make such an election. Such notification shall, at a time and in
a manner prescribed by the Secretary, be provided so as to provide
a reasonable period for response prior to the period for which such
qualification is sought. The population of any unit of general
local government which is provided such notification and which does
not inform, at a time and in a manner prescribed by the Secretary,
the county of its election to exclude its population from that of
the county shall, if the county qualifies as an urban county, be
included in the population of such urban county as provided in
subsection (d) of this section.