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(2) The Secretary shall file in the court the record of the proceeding on which he based his action, as provided in section 2112 of title 28 of the United States Code. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.
(3) The court shall have jurisdiction to affirm of modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendations, if any, for the modification or setting aside of his original action.
(4) Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28 of the United States Code.
SEC. 111. Shared revenues under this title shall be considered as Federal financial assistance within the meaning of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d).
RELOCATION COSTS Sec. 112. Notwithstanding section 211 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601), no Federal contribution in addition to shared revenues under this title shall be made to recipients for costs incurred in providing relocation payments and assistance for those displaced by community development activities assisted under this title.
SEC. 113. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with revenues shared under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a276a-5): Provided ,That this section shall apply to the construction of residential property only if such residential property is designed for residential use for twelve or more families. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276 (c)).
SEC. 114. The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative effort and mutual assistance in support of community development activities assisted under this title as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for making such agreements and compacts effective.
SEC. 115. Shared revenues under this title may be used by a recipient as matching shares for Federal grant programs which provide assistance for community development activities.
SEC. 116. (a) The Secretary shall prescribe such rules, regulations, and standards as may be necessary to carry out the purposes and conditions of this title.
(b) The Secretary shall include an evaluation of the effectiveness of this title in his annual report to the President on departmental activities required by section 8 of the Department of Housing and Urban Development Act.
Sec. 117. The provisions of this title shall be effective on January 1, 1972. After such effective date, no new grants or loans may be made pursuant to title I of the Housing Act of 1949, section 312 of the Housing Act of 1964, section 703 703 of the Housing and Urban Development Act of 1965, or title I of the Demonstration Cities and Metropolitan Development Act of 1966, except with respect to projects or programs for which funds have been committed on or before December 31, 1971.
APPROPRIATION FOR LIQUIDATION OF URBAN RENEWAL CONTRACTS Sec. 118. Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is further amended by adding the following new paragraph at the end thereof:
“(22) For payments required from time to time under contracts entered into pursuant to section 103(b) of the Housing Act of 1949, as amended, with respect to projects or programs for which funds have been committed on or before December 31, 1971, and for which funds have not previously been appropriated.”.
CONFORMING AND TECHNICAL AMENDMENTS
SEC. 119. (a) Section 217 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 is amended
(1) by striking out “or” after “Housing Act of 1949, as amended," and
(2) by adding after “Demonstration Cities and Metropolitan Development Act of 1966" the following:“, or as a direct result of any community development activity assisted under the Urban Community Development Revenue Sharing Act of 1971”. (b) The Secretary is authorized to transfer the assets and liabilities of any superseded or nonactive program of housing'or urban development to the revolving fund for liquidating programs established pursuant to title II of the Independent Offices Appropriation Act of 1955 (Public Law 81-428; 68 Stat., 272, 295). TITLE II-STATE AND LOCAL PLANNING AND MANAGEMENT
STATEMENT OF FINDINGS AND PURPOSES
Sec. 201. (a) The Congress hereby finds and declares
(1) that the ability of our federal system of government to respond effectively to the needs of all citizens depends upon the strength and capabilities of Federal, State, and local governments;
(2) that the Federal aid system has not given sufficient recognition to the need to work through and to strengthen elected official of State and local general-purpose governments and regional combinations thereof:
(3) that State and local governments must be aided in developing their planning and management capabilities if they are to assume their proper responsibilities in the federal system and if the fullest effectiveness of Federal funds expended through revenue sharing is to be achieved;
(4) that previous Federal programs to improve State and local government capabilities have tended to be limited to specific functional areas and individual agencies and have not been directed at strengthening the overall capability of State and local officials to plan and make decisions and to manage their affairs; and
(5) that basic reliance should be placed on State and local resources to support the improvement of State and local planning, decision making, and management capabilities, but the Federal Government should provide additional assistance in order to strengthen the federal system and promote the
welfare of all citizens. (b) It is therefore the purpose of this title to strengthen general purpose units of government and regional combinations thereof at the State and local levels to enable them to use their own and shared revenues more effectively to cope with complex problems in a manner responsive to the economic and social needs and desires of all affected citizens. To promote this purpose Federal assistance will be provided to States and localities undertaking planning and management programs which lead to more effective resource allocation.
SEC. 202. As used in this title
(1) "Secretary” means the Secretary of Housing and Urban Development;
(2) “State” means any State of the United States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands;
(3) “locality” includes any city, county, or other unit of general local government, the District of Columbia, any territory or possessio of the United States, or any metropolitan or other multijurisdictional area which the Secretary, guided by any criteria in an applicable State planning and management program, determines forms an economic and socially related development region, taking into account such factors as present and future population trends and patterns of urban growth, location of transportation corridors, facilities, and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities; and
(4) "governmental agency” means (A) an Indian tribe or organization determined by the Secretary to have governmental characteristics and (B) an organization, including a nonprofit organization composed or predominantly composed of elected public officials, which meets State standards and criteria prescribed pursuant to section 204 or, in the absence of such standards and criteria, an areawide agency, designated pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 or title IV of the Intergovernmental Cooperation Act of 1968, which is organized to deal with matters of governmental concern to two or more public bodies or units of government.
PLANNING AND MANAGEMENT PROGRAMS GENERALLY
Sec. 203. (a) Planning and management programs assisted under this title shall be designed by the State or locality to meet its own particular needs and to improve capabilities of elected officials for developing, implementing, and evaluating policies, programs, and projects in a balanced manner that will further the purpose of this title. Activities which may be sup rted under this title are those which (1) will aid in the attainment of specific State or local objectives relating to governmental operation, land use, housing development, resource management, or areawide and intergovernmental coordination and (2) are carried out in a manner which assures periodic examination by States or localities of methods and objectives as information becomes available on the social, economic, and environmental consequences of program activities.
(b) The authorities provided in this title shall be administered in such a manner as (1) to recognize fully the rights, powers, and responsibilities of State and local governments, and (2) to allow for innovation and diversity on the part of State and local governments in the design and implementation of their planning and management programs.
STATE PLANNING AND MANAGEMENT PROGRAMS
SEC. 204. (a) State planning and management programs shall be consistent with the provisions of section 203 and, in addition to the activities specified in section 205 may include (1) a statewide development plan which seeks to integrate all important elements of community development (including land use) and which may include designation of potential growth areas and new community development sites, and (2) standards for determining which communities, or groups of communities, should be considered together as a single locality for purposes of establishing and carrying out local and areawide programs in support of the purpose of this title together with criteria and procedures for measuring the adequacy of those programs and for determining whether they, and other significant local actions and projects, are consistent with the State program as developed pursuant to this section.
(b) States may undertake the activities set forth in section 205 with respect to State governments or on behalf of localities or groups of localities, including areawide agencies, within the State. States also may make grants to localities or groups of localities, including areawide agencies, to support activities set forth in section 203, using funds received under this title.
Sec. 205. Activities which are carried on in formulating, or as part of, a planning and management program, and which may qualify for assistance as provided in this title, include the following:
(1) improving govermental systems and operations including revenue and resource allocation systems and methods for obtaining effective public participation in policy decisions;
(2) improving governmental structures, authorities, and coordinating mechanisms for dealing with the economic, social, and environmental complexities of modern society, including expansion of the role of elected executive officials and general units of government;
(3) establishing objectives, evaluating programs for achieving these objectives, and providing for program balance and coordination in response to State and local needs and priorities;
(4) formulating policies and plans governing the use, development, and conservation of land, and developing and carrying out supporting or implementing procedures;
(5) identifying and evaluating needs for housing, facilities, and services, and formulating specific programs for meeting the needs so identified;
(6) providing (directly or through grants or contracts) planning, technical assistance, information, or advisory services to communities and agencies needing such assistance or services in connection with activities related to the purpose of this title;
(7) participating in organizations for joint or common governmental or governmental and private action, in solving problems of community revitalization and growth; and
(8) other activities or projects, consistent with the purpose of this title, which pertain to the coordination, regulation, modernization, or improved implementation, management, or control of governmental functions.
Sec. 206. (a) The Secretary may make grants, as provided in this section, to assist States and localities in formulating and carrying out the activities set forth in section 205. In making the initial distribution of funds among States and localities, the Secretary should take into consideration such factors as the applicant's population, social and economic conditions, special opportunities to improve the workings of government, unique developmental problems, and other factors consistent with the purposes of this title. In determining whether and on what conditions to continue assistance to any program initially approved, the Secretary shall consider the degree to which previous assistance has been effectively used by the applicant State or local government.
(b) Grants may be made under this title to States, cities, and, where consistent with the provisions of State planning and management programs or where the Secretary finds it necessary for carrying out the purposes of this title, to other governmental subdivisions, and to metropolitan, regional, or other governmental agencies.
(c) The Secretary shall not require any matching or other expenditure of State or local funds as a condition to making grants under this title.
CONDITIONS AND ADMINISTRATION OF GRANTS
Sec. 207. Grants made under this title may be used, subject to regulations and conditions prescribed by the Secretary, for any activities made eligible by the provisions of this title; but such regulations shall provide that grant assistance not be used to defray the cost of the acquisition, construction, repair, or rehabilitation of, or the preparation of engineering drawings or similar detailed specifications for, specific housing, capital facilities, or public works projects.
Sec. 208. The consent of the Congress is hereby given to any two or more States to enter into agreement or compacts, not in conflict with any law of the United States, for cooperative effort and mutual assistance in support of planning and management programs adopted under this title as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deemn desirable for making such agreement and compacts effective.
FEDERAL CONSULTATION AND COOPERATION
Sec. 209. (a) The Secretary shall consult with the heads of other Federal Departments and agencies having responsibilities related to the purpose of this title, including responsibilities connected with the economic development of rural and depressed areas, and the protection and enhancement of the Nation's natural environment, with respect to (1) general standards, policies, and procedures to be followed in its administration; and (2) particular grant actions or approvals which the Secretary believes to be of special interest or concern to one or more of such departments and agencies.
(b) Funds made available under any Federal assistance program for projects or activities approved as part of, or in furtherance of, a planning and management program assisted under this title may be used jointly with funds made available for such projects or activities under any other Federal assistance program, subject to regulations prescribed by the President. Such regulations may include provisions for common technical or administrative requirements where varying or conflicting provisions of law or regulations would otherwise apply, for establishing joint management funds and common non-Federal shares, and for special agreements, or delegations of authority, among different Federal agencies in connection with the supervision or administration of assistance. Such regulations shall in any case include appropriate criteria and procedures to assure that any special authorities conferred, which are not otherwise provided for by law, shall be employed only as necessary to promote effective and efficient administration and in a manner consistent with the protection of the Federal interest and program purposes or statutory requirements of a substantive nature. For purposes of this section, the term “Federal assistance program” shall have the same meaning as under the Intergovernmental Cooperation Act of 1968.
(c) The Secretary may, as necessary or appropriate and with the approval of the President, delegate any of his powers under this title to the heads of other Federal agencies and authorize the redelegation thereof, subject to such conditions or provisions as may be appropriated to assure effective coordination between the powers so delegated and other powers or functions retained by the Secretary.
Sec. 210. (a) The Secretary may provide, directly or through contracts, grants, or other arrangements, technical assistance in the formulation or implementation of planning and mangement programs.
(b) Grant funds made available under this title may be used, subject to such limitations as the Secretary may prescribe, for the purpose of procuring specialized or technical services available pursuant to section 302 of the Intergovernmental Cooperation Act of 1968, and the Secretary is authorized directly to procure such services on behalf of any State or political subdivision which could receive or participate in assistance provided under this title, and the heads of other Federal agencies are suthorized to provide such services.
SEC. 211. For the purpose of carrying out this title, there are hereby authorized to be appropriated without fiscal year limitation such sums as may be necessary.
REPEALING AND TRANSITION PROVISIONS
SEC. 212. (a) In addition to amounts authorized and appropriated under section 211, appropriations available for carrying out section 701 of the Housing Act of 1954 shall be available until expended for the purpose of carrying out this title. The provisions of this title shall be effective, in whole or in part, at such date or dates as the Secretary of Housing and Urban Development shall prescribe and the Secretary shall establish procedures for the orderly transfer of Federal assistance activities from the authority of section 701 of the Housing Act of 1954.
(b) Title IX of the Demonstration Cities and Metropolitan Development Act of 1966 is hereby repealed.