-CITE-

40 USC CHAPTER 35 - NON-FEDERAL PUBLIC WORKS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-MISC1-

Sec.

3501. Definitions.

3502. Planned public works.

3503. Revolving fund.

3504. Surveys of public works planning.

3505. Forgiveness of outstanding advances.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 12 section 1749d.

-End-

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40 USC Sec. 3501 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-

Sec. 3501. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Public agency. - The term "public agency" means a State or

a public agency or political subdivision of a State.

(2) Public works. - The term "public works" includes any public

works other than housing.

(3) State. - The term "State" means a State of the United

States, the District of Columbia, Puerto Rico, Guam, the Virgin

Islands, the Northern Mariana Islands, the Federated States of

Micronesia, the Marshall Islands, Palau, and any territory or

possession of the United States.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3501 40:460. Aug. 2, 1954, ch. 649, title

VII, Sec. 703, 68 Stat. 641;

Pub. L. 90-19, Sec. 10(d),

May 25, 1967, 81 Stat. 22;

Pub. L. 93-383, title IV,

Sec. 401(c), Aug. 22, 1974,

88 Stat. 691.

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In this section, the text of 40:460(2) is omitted as unnecessary

because the complete name of the Secretary of Housing and Urban

Development is used the first time the term appears in a section.

In clause (1), the words "or 'public agencies' " are omitted as

unnecessary because of 1:1.

In clause (3), the words "Guam, the Virgin Islands" are added to

clarify that the provisions of the source law apply to those

jurisdictions. The words "the Northern Mariana Islands, the

Federated States of Micronesia, the Marshall Islands, Palau" are

substituted for "the Trust Territory of the Pacific Islands"

because of the termination of the Trust Territory of the Pacific

Islands. See 48:1681 note prec.

-End-

-CITE-

40 USC Sec. 3502 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-

Sec. 3502. Planned public works

-STATUTE-

(a) Advances To Ensure Planning. - Notwithstanding section

3324(a) and (b) of title 31, the Secretary of Housing and Urban

Development may make advances to public agencies and Indian tribes

-

(1) to encourage public agencies and Indian tribes to maintain

at all times a current and adequate reserve of planned public

works the construction of which can rapidly be commenced,

particularly when the national or local economic situation makes

that action desirable; and

(2) to help attain maximum economy and efficiency in the

planning and construction of public works.

(b) Uses of Advances. - A public agency or Indian tribe shall use

an advance under subsection (a) to aid in financing the cost of

feasibility studies, engineering and architectural surveys,

designs, plans, working drawings, specifications, or other action

preliminary to and in preparation for the construction of public

works, and for construction in connection with the development of a

medical center, a general plan for the development of the center.

(c) No Future Commitment. - An advance under subsection (a) does

not commit the Congress to appropriate amounts to assist in

financing the construction of any public works planned with the aid

of that advance. Outstanding advances to public agencies and Indian

tribes in a State shall not exceed 12.5 percent of the aggregate

then authorized to be appropriated to the revolving fund

established under section 3503 of this title.

(d) Requirements for Advances. - An advance shall not be made

under subsection (a) for an individual project (including a

regional, metropolitan, or other areawide project) unless -

(1) the project is planned to be constructed within or over a

reasonable period of time considering the nature of the project;

(2) the project conforms to an overall state, local, or

regional plan approved by a competent state, local, or regional

authority; and

(3) the public agency or Indian tribe formally contracts with

the Federal Government to complete the plan preparation promptly

and to repay part or all of the advance when due.

(e) Regulations. - The Secretary may prescribe regulations to

carry out this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3502 40:462(a), (b), (d). Aug. 2, 1954, ch. 649, title

VII, Sec. 702(a), (b), (d),

68 Stat. 641; Aug. 11, 1955,

ch. 783, title I, Sec. 112,

69 Stat. 641; Pub. L. 87-70,

title V, Sec. 502(1), (2),

June 30, 1961, 75 Stat. 175;

Pub. L. 88-560, title VI,

Sec. 602(a)-(c), (e), (f),

Sept. 2, 1964, 78 Stat. 799;

Pub. L. 90-19, Sec. 10(a)

(related to 40:462), May 25,

1967, 81 Stat. 22; Pub. L.

90-448, title VI, Sec. 607,

Aug. 1, 1968, 82 Stat. 534;

Pub. L. 100-242, title V,

Sec. 524(1), Feb. 5, 1988,

101 Stat. 1939.

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In subsection (a), the words "section 3324(a) and (b) of title

31" are substituted for "section 3648 of the Revised Statutes, as

amended" in section 702(a) of the Housing Act of 1954 (ch. 649, 68

Stat. 641) because of section 4(b) of the Act of September 13, 1982

(Public Law 97-258, 96 Stat. 1067), the first section of which

enacted Title 31, United States Code. The words "municipalities and

other" are omitted as being included in "public agencies".

In subsection (c), the words "in any way" are omitted as

unnecessary.

In subsection (e), the word "rules" is omitted as being included

in "regulations".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 5153.

-End-

-CITE-

40 USC Sec. 3503 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-

Sec. 3503. Revolving fund

-STATUTE-

(a) Establishment. - There is a revolving fund established by the

Secretary of Housing and Urban Development to provide amounts for

advances under this chapter. The fund comprises amounts

appropriated under this chapter and all repayments and other

receipts received in connection with advances made under this

chapter.

(b) Authorizations. - Not more than $70,000,000 may be

appropriated to the revolving fund as necessary to carry out the

purposes of this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3503 40:462(e). Aug. 2, 1954, ch. 649, title

VII, Sec. 702(e), 68 Stat.

641; Aug. 11, 1955, ch. 783,

title I, Sec. 112, 69 Stat.

641; Pub. L. 87-70, title V,

Sec. 502(3), (4), June 30,

1961, 75 Stat. 175; Pub. L.

88-560, title VI, Sec.

602(a), Sept. 2, 1964, 78

Stat. 799; Pub. L. 89-117,

title XI, Sec. 1104, Aug.

10, 1965, 79 Stat. 503; Pub.

L. 90-19, Sec. 10(a)

(related to 40:462), May 25,

1967, 81 Stat. 22.

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In subsection (a), the words "heretofore or hereafter" are

omitted as unnecessary. The text of 40:462(e)(2) is omitted as

obsolete. Title V of the War Mobilization and Reconversion Act of

1944 (50 App.:1671) terminated on June 30, 1947. The Act of October

13, 1949 (40:451 et seq.) authorized the Housing and Home Finance

Administrator to make certain loans and advances for the 2-year

period immediately following October 13, 1951.

In subsection (b), the words "in addition to amounts authorized

to be appropriated for the purposes of this section before

September 2, 1964" are omitted as executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3502, 3504 of this title;

title 42 section 5153.

-End-

-CITE-

40 USC Sec. 3504 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-

Sec. 3504. Surveys of public works planning

-STATUTE-

The Secretary of Housing and Urban Development may use during a

fiscal year not more than $100,000 of the amount in the revolving

fund established under section 3503 of this title to conduct

surveys of the status and current volume of state and local public

works planning and surveys of estimated requirements for state and

local public works. In conducting a survey, the Secretary, may use

or act through any department or agency of the Federal Government,

with the consent of the department or agency.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3504 40:462(f). Aug. 2, 1954, ch. 649, title

VII, Sec. 702(f), as added

Pub. L. 86-372, title VIII,

Sec. 801, Sept. 23, 1959, 73

Stat. 686; Pub. L. 88-560,

title VI, Sec. 602(d), Sept.

2, 1964, 78 Stat. 799; Pub.

L. 90-19, Sec. 10(a)

(related to 40:462), May 25,

1967, 81 Stat. 22.

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-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 5153.

-End-

-CITE-

40 USC Sec. 3505 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

-HEAD-

Sec. 3505. Forgiveness of outstanding advances

-STATUTE-

In accordance with accounting and other procedures the Secretary

of Housing and Urban Development prescribes, each advance made by

the Secretary under this chapter that had any principal amount

outstanding on February 5, 1988, was forgiven. The terms and

conditions of any contract, or any amendment to a contract, for

that advance with respect to any promise to repay the advance were

canceled.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3505 40:462(g). Aug. 2, 1954, ch. 649, title

VII, Sec. 702(g), as added

Pub. L. 87-658, Sec. 6,

Sept. 14, 1962, 76 Stat.

544; Pub. L. 100-242, title

V, Sec. 524(2), Feb. 5,

1988, 101 Stat. 1939.

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-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 5153.

-End-