1. U.S. Code
  2. title 42
  3. chapter 90
  4. subchapter III
  5. § 8141

Collapse to view only § 8141. Congressional findings

§ 8141. Congressional findings
The Congress finds and declares—
(1) that artistic, cultural, and historic resources, including urban design, constitute an integral part of a suitable living environment for the residents of the Nation’s urban areas, and should be available to all residents of such areas, regardless of income;
(2) that the development or preservation of such resources is a significant and necessary factor in restoring and maintaining the vitality of the urban environment, and can serve as a catalyst for improving decaying or deteriorated urban communities and expanding economic opportunities, and for creating a sense of community identity, spirit, and pride; and
(3) that the encouragement and support of local initiatives to develop or preserve such resources, particularly in connection with federally assisted housing or community development activities or in communities with a high proportion of low-income residents, is an appropriate function of the Federal Government.
(Pub. L. 95–557, title VIII, § 802, Oct. 31, 1978, 92 Stat. 2122.)

CITE AS: 42 USC 8141

§ 8142. Statement of purpose

The primary purpose of this subchapter is to assist the efforts of States, local governments, neighborhood and other organizations to provide a more suitable living environment, expand cultural opportunities, and to the extent practicable, stimulate economic opportunities, primarily for the low and moderate income residents of communities and neighborhoods in need of conservation and revitalization, through the utilization, design or development of artistic, cultural, or historic resources.

(Pub. L. 95–557, title VIII, § 803, Oct. 31, 1978, 92 Stat. 2122.)

CITE AS: 42 USC 8142

§ 8143. Definitions
For the purpose of this subchapter—
(1) the terms “art” and “arts” include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications media and film, as well as other similar activities which reflect the cultural heritage of the Nation’s communities and their citizens;
(2) the term “nonprofit organization” means an organization in which no part of its net earnings inures to the benefit of any private stockholder or stockholders, individual or individuals and, if a private entity, which is not disqualified for tax exemption under section 501(c)(3) of title 26 by reason of attempting to influence legislation and does not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office; such organizations may include States and units of local government (including public agencies or special authorities thereof), regional organizations of local governments and nonprofit societies, neighborhood groups, institutions, organizations, associations or museums;
(3) the term “project” means a program or activity intended to carry out the purposes of this subchapter, including programs for neighborhood and community-based arts programs, urban design, user needs design, and the encouragement of the preservation of historic or other structures which have neighborhood or community significance;
(4) the term “Secretary” means the Secretary of Housing and Urban Development;
(5) the term “Chairman” means the Chairman of the National Endowment for the Arts;
(6) the term “Department” means the Department of Housing and Urban Development; and
(7) the term “Endowment” means the National Endowment for the Arts.
(Pub. L. 95–557, title VIII, § 804, Oct. 31, 1978, 92 Stat. 2122; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

CITE AS: 42 USC 8143

§ 8144. Grants to or contracts with organizations
(a) Authorization; purposes
The Secretary is authorized to make grants to, or enter into contracts with, nonprofit organizations for the purpose of enabling such organizations to undertake or support in cities, urban communities, or neighborhoods, projects which the Secretary, in consultation with the Chairman, determines will carry out the purposes of this subchapter and which—
(1) have substantial artistic, cultural, historical, or design merit,
(2) represent community or neighborhood initiatives which have a significant potential for conserving or revitalizing communities or neighborhoods, and for enhancing community or neighborhood identity and pride, and
(3) meet the criteria established jointly by the Secretary and the Chairman pursuant to this section.
(b) Establishment of criteria and procedures for evaluation and selection of projects; scope of criteria
The Secretary and the Chairman shall establish jointly criteria and procedures for evaluating and selecting projects to be assisted under this subchapter. Such criteria shall address, but need not be limited to—
(1) artistic, cultural, historical, or design quality;
(2) the degree of broadly based, active involvement of neighborhood residents, community groups, local officials, and persons with expertise in the arts with the proposed proj­ect;
(3) the degree of or the potential for utilization or stimulation of assistance or cooperation from other Federal, State, and local public and private sources, including arts organizations;
(4) the feasibility of project implementation, including the capability of the sponsor organization;
(5) the potential contribution to neighborhood revitalization and the creation of a sense of community identity and pride;
(6) the potential for stimulating neighborhood economic and community development, particularly for the benefit of persons of low and moderate income; and
(7) the potential of utilization of the project by neighborhood residents, particularly residents of low and moderate income, senior citizens, and handicapped persons.
(c) Application requirements
(d) Consultation requirements
(e) Regulations respecting matching requirements; waiver, etc.
(f) Certification of application
(g) Available funds not to supplant other public or private funds
(h) Availability of funds for administrative expenses
(Pub. L. 95–557, title VIII, § 805, Oct. 31, 1978, 92 Stat. 2123.)

CITE AS: 42 USC 8144

§ 8145. Coordination and development of program with other Federal and non-Federal programs

The Secretary shall coordinate the administration of the provisions of this subchapter in cooperation with other Federal agencies and assure that projects assisted under this subchapter are coordinated with efforts undertaken by State and local public and private entities, including arts organizations.

(Pub. L. 95–557, title VIII, § 806, Oct. 31, 1978, 92 Stat. 2124.)

CITE AS: 42 USC 8145

§ 8146. Authorization of appropriations

There are authorized to be appropriated for carrying out the purposes of this subchapter not to exceed $5,000,000 for fiscal year 1979, and not to exceed $5,000,000 for fiscal year 1980. Any amounts appropriated under this section shall remain available until expended.

(Pub. L. 95–557, title VIII, § 807, Oct. 31, 1978, 92 Stat. 2124; Pub. L. 96–153, title I, § 108, Dec. 21, 1979, 93 Stat. 1105.)

CITE AS: 42 USC 8146