Sec. 5302.* General provisions [* Section 102 of the Act]


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From the U.S. Code
[Laws in effect as of January 20, 1999]
[CITE: 42USC5302]

  1. 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; the District of Columbia; and the Trust Territory of the Pacific Islands. Such term also includes a State or a local public body or agency (as defined in section 4512 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 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
    1. 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

       
    2. 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

  1. the amount of the grant to such city shall be 50 percent of the amount calculated under section 5306(b) of this title; and

     
  2. 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.

  1. The term "city" means
    1. any unit of general local government which is classified as a municipality by the United States Bureau of the Census or

       
    2. any other unit of general local government which is a town or township and which, in the determination of the Secretary,
      1. possesses powers and performs functions comparable to these associated with municipalities,

         
      2. is closely settled, and

         
      3. 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.
    1. The term "urban county" means any county within a metropolitan area which--
      1. 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

         
      2. either--
        1. 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)
          1. 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

             
          2. 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

             
        2. 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

           
    2. 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.

       
    3. 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--
      1. complies with all other requirements set forth in the first sentence;

         
      2. 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;

         
      3. had a population growth rate of not less than 15 percent during the most recent 10-year period measured by applicable censuses; and

         
      4. 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.

         
    4. Such term also includes a county that--
      1. 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;

         
      2. 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;

         
      3. 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;

         
      4. 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
        1. the county must have a combined population of not less than 195,000,

           
        2. 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),

           
        3. 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

           
        4. not less than 40 percent of the land within the county shall be publicly owned and not subject to property tax levies

           
        1. has a population of 175,000 or more (including the population of metropolitan cities therein),

           
        2. 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

           
        3. has located therein not less than 1 unit of general local government that was classified as a metropolitan city and
          1. 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 for

             
          2. 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;

             
      5. has entered into a local cooperation agreement with a metropolitan city that received assistance under section 5306 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--
        1. 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;

           
        2. 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

           
        3. 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 the Internal Revenue Code of 1986, 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

         
        1. has consolidated its government with one or more municipal governments, such that within the county boundaries there are no unincorporated areas;

           
        2. has a population of not less than 650,000;

           
        3. for more than 10 years, has been classified as a metropolitan city for purposes of allocating and distributing funds under section 106; and

           
        4. as of the date of enactment of this clause, has over 90 percent of the county's population within the jurisdiction of the consolidated government; or

           
      6. 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.

         
    5. 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
      1. 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

         
      2. 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.
  1. 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.

     
  2. 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.

     
  3. 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.

     
  4. 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.

     
  5. 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.

     
  6. 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.

     
  7. 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.

     
  8. 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.

     
  9. 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.

     
  10. 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.

     
  11. 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.

     
  12. 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.

     
  13. The term "Secretary" means the Secretary of Housing and Urban Development.

     
    1. 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.

       
    2. 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.

       
  14. 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.

     
  15. The term "microenterprise" means a commercial enterprise that has 5 or fewer employees, 1 or more of whom owns the enterprise.

     
  16. The term "small business" means a business that meets the criteria set forth in section 632(a) of title 15.
     

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.
 

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.
 

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.
 

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.

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(Pub. L. 93-383, title I, Sec. 102, Aug. 22, 1974, 88 Stat. 635;
Pub. L. 95-128, title I, Sec. 102, Oct. 12, 1977, 91 Stat. 1111;
Pub. L. 96-153, title I, Sec. 103(f), Dec. 21, 1979, 93 Stat. 1102;
Pub. L. 96-399, title I, Secs. 101(a), (b)(1), (c), 111(a), Oct. 8, 1980, 94 Stat. 1614, 1620;
Pub. L. 97-35, title III, Secs. 309(a)-(c), 310, Aug. 13, 1981, 95 Stat. 396, 397;
Pub. L. 97-289, Sec. 5, Oct. 6, 1982, 96 Stat. 1231;
Pub. L. 98-181, title I, Sec. 102, Nov. 30, 1983, 97 Stat. 1159;
Pub. L. 98-479, title I, Sec. 101(a)(1)-(4), title II, Sec. 203(l)(1), Oct. 17, 1984, 98 Stat. 2218, 2219, 2231;
Pub. L. 99-120, Sec. 5(a), Oct. 8, 1985, 99 Stat. 504;
Pub. L. 99-156, Sec. 5(a), Nov. 15, 1985, 99 Stat. 816;
Pub. L. 99-219, Sec. 5(a), Dec. 26, 1985, 99 Stat. 1731;
Pub. L. 99-267, Sec. 5(a), Mar. 27, 1986, 100 Stat. 74;
Pub. L. 99-272, title III, Sec. 3011(a), title XIV, Sec. 14001(b)(3), Apr. 7, 1986, 100 Stat. 106, 328;
Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412;
Pub. L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673;
Pub. L. 99-430, Sept. 30, 1986, 100 Stat. 986;
Pub. L. 100-77, title IV, Sec. 442, July 22, 1987, 101 Stat. 509;
Pub. L. 100-122, Sec. 1, Sept. 30, 1987, 101 Stat. 793;
Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890;
Pub. L. 100-170, Nov. 17, 1987, 101 Stat. 914;
Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018;
Pub. L. 100-200, Dec. 21, 1987, 101 Stat. 1327;
Pub. L. 100-202, Sec. 101(f) [title I, Sec. 101], Dec. 22, 1987, 101 Stat. 1329-187, 1329-193;
Pub. L. 100-242, title V, Sec. 503, Feb. 5, 1988, 101 Stat. 1923;
Pub. L. 100-628, title X, Secs. 1081, 1082(a), Nov. 7, 1988, 102 Stat. 3276, 3277;
Pub. L. 101-235, title VII, Sec. 702(a), Dec. 15, 1989, 103 Stat. 2056;
Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1370;
Pub. L. 101-625, title IX, Secs. 903(a)-(c)(2), 904(a), Nov. 28, 1990, 104 Stat. 4385-4387;
Pub. L. 102-550, title VIII, Secs. 802(a), 803, 807(c)(2), Oct. 28, 1992, 106 Stat. 3845, 3849;
Pub. L. 104-204, title II, Sec. 216, Sept. 26, 1996, 110 Stat. 2904.)
Pub.L. 106-377, Sec. 217, Oct. 27, 2000, 114 Stat. 1441

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