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OTHER LEGISLATION RELATED TO FISH AND WILDLIFE
1. Intergovernmental Coordination
42 U.S.C. 4201-4244
SUBCHAPTER I.-GENERAL PROVISIONS Sec. 4201. Definitions.
SUBCHAPTER II.-GRANTS-IN-AID TO THE STATES;
IMPROVED ADMINISTRATION 4211. Full information on funds received. 4212. Deposit of grants-in-aid. 4213. Scheduling of Federal transfers to the States. 4214. Eligible State agency. SUBCHAPTER III.-SPECIAL OR TECHNICAL SERV
ICES PROVIDED FOR STATE AND LOCAL UNITS OF GOVERNMENT BY FEDERAL DEPARTMENTS AND
AGENCIES 4221. Statement of purpose. 4222. Authority to provide service. 4223. Reimbursement of appropriation. 4224. Reports to Congress. 4225. Reservation of existing authority. SUBCHAPTER IV.-DEVELOPMENT ASSISTANCE PRO
GRAMS; COORDINATED INTERGOVERNMENTAL
POLICY AND ADMINISTRATION 4231. Declaration of development assistance policy. 4232. Favoring units of general local government. 4233. Rules and regulations. SUBCHAPTER 1.-REVIEW OF FEDERAL GRANT-IN
AID PROGRAMS 4241. Congressional review of grant-in-aid programs. 4242. Studies by Comptroller General of Federal grant
in-aid programs; reports to Congress. 4243. Studies by Advisory Commission on Intergovern
mental Relations; report to Congress. 4244. Preservation of House and Senate committee
CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 38 section 1820.
city, county, town, parish, village, or other general purpose political subdivision of a State.
(5) "Special-purpose unit of local government" means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district.
(6) The term "grant" or "grant-in-aid" means money, or property provided in lieu of money, paid or furnished by the United States under a fixed annual or aggregate authorization
(A) to a State; or
(C) to a beneficiary under a plan or program, administered by a State or a political subdivision of a State, which is subject to approval by a Fed
eral agency; if such authorization either (i) requires the States or political subdivisions to expend non-Federal funds as a condition for the receipt of money or property from the United States; or (ii) specifies directly, or establishes by means of a formula, the amounts which may be paid or furnished to States or political subdivisions, or the amounts to be allotted for use in each of the States by the States, political subdivisions, or other beneficiaries. The term also includes money, or property provided in lieu of money, paid and furnished by the United States to any community action agency under the Economic Opportunity Act of 1964, as amended. The term does not include (1) shared revenues; (2) payments of taxes; (3) payments in lieu of taxes; (4) loans or repayable advances; (5) surplus property or surplus agricultural commodities furnished as such; (6) payments under research and development contracts or grants which are awarded directly and on similar terms to all qualifying organizations, whether public or private; or (7) payments to States or political subdivisions as full reimbursement for the costs incurred in paying benefits or furnishing services to persons entitled thereto under Federal laws.
(7) The term "Federal assistance", "Federal financial assistance", "Federal assistance programs”, or "federally assisted programs”, means programs that provide assistance through grant or contractual arrangements, and includes technical assistance programs or programs providing assistance in the form of loans, loan guarantees, or insurance. The term does not include any annual payment by the United States to the District of Columbia authorized by article VI of the District of Columbia Revenue Act of 1947 (D.C. Code secs. 47–2501a and 47-2501b).
(8) "Specialized or technical services" means statistical and other studies and compilations, de
SUBCHAPTER 1.-GENERAL PROVISIONS
When used in this chapter
(1) The term “Federal agency" means any department, agency, or instrumentality in the executive branch of the Government and any wholly owned Government corporation.
(2) The term "State" means any of the several States of the United States, the District of Columbia, Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, but does not include the governments of the political subdivisions of the State.
(3) The term “political subdivision" or "local government” means a local unit of government, including specifically a county, municipality, city, town, township, or a school or other special district created by or pursuant to State law.
(4) “Unit of general local government" means any
velopment projects, technical tests and evaluations, technical information, training activities, surveys, reports, documents, and any other similar service functions which any department or agency of the executive branch of the Federal Government is especially equipped and authorized by law to perform.
(9) “Comprehensive planning" includes the following, to the extent directly related to area needs or needs of a unit of general local government: (A) preparation, as a guide for governmental policies and action, of general plans with respect to (i) the pattern and intensity of land use, (ii) the provision of public facilities (including transportation facilities) and other government services, and (iii) the effective development and utilization of human and natural resources; (B) long-range physical and fiscal plans for such action; (C) programing of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program; (D) coordination of all related plans and activities of the State and local governments and agencies concerned; and (E) preparation of regulatory and administrative measures in support of the foregoing.
(10) The term "head of a Federal agency" or "head of a State agency" includes a duly designated delegate of such agency head. (Pub. L. 90-577, title I, $ $ 101-110, Oct. 16, 1968, 82 Stat. 1098-1101.)
funds administered by the State. All Federal grantin-aid funds made available to the States shall be properly accounted for as Federal funds in the accounts of the State. In each case the State agency concerned shall render regular authenticated reports to the appropriate Federal agency covering the status and the application of the funds, the liabilities and obligations on hand, and such other facts as may be required by said Federal agency. The head of the Federal agency and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to the grantin-aid received by the States. (Pub. L. 90-577, title II, § 202, Oct. 16, 1968, 82 Stat. 1101.)
§ 4213. Scheduling of Federal transfers to the States.
Heads of Federal departments and agencies responsible for administering grant-in-aid programs shall schedule the transfer of grant-in-aid funds consistent with program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by a State, whether such disbursement occurs prior to or subsequent to such transfer of funds, or subsequent to such transfer of funds.' States shall not be held accountable for interest earned on grantin-aid funds, pending their disbursement for program purposes. (Pub. L. 90-577, title II, § 203, Oct. 16, 1968, 82 Stat. 1101.)
REFERENCES IN TEXT
"This chapter", referred to in the introductory text, read in the original "this Act", meaning Pub. L. 90-577, which is classified to this chapter and sections 531-535 of Title 40. Public Buildings, Property and Works.
The Economic Opportunity Act of 1964, as amended, referred to in subd. (6), is classified to chapter 34 of this title.
CODIFICATION Section is comprised of sections 101-110 of Pub. L. 90577, constituting subds. (1)-(10), respectively, of this section
SHORT TITLE Section 1 of Pub. L. 90–577 provided: “That this Act (which enacted this chapter and sections 531-535 of Title 40, Public Buildings, Property, and Works] be cited as the 'Intergovernmental Cooperation Act of 1968'."
§ 4214. Eligible State agency.
Notwithstanding any other Federal law which provides that a single State agency or multimember board or commission must be established or designated to administer or supervise the administration of any grant-in-aid program, the head of any Federal department or agency administering such program may, upon request of the Governor or other appropriate executive or legislative authority of the State responsible for determining or revising the organizational structure of State government, waive the single State agency or multimember board or commission provision upon adequate showing that such provision prevents the establishment of the most effective and efficient organizational arrangements within the State government and approve other State administrative structure or arrangements: Provided, That the head of the Federal department or agency determines that the objectives of the Federal statute authorizing the grant-in-aid program will not be endangered by the use of such other State structure or arrangements. (Pub. L. 90577, title II, $ 204, Oct. 16, 1968, 82 Stat. 1101.)
SUBCHAPTER II.-GRANTS-IN-AID TO THE
STATES; IMPROVED ADMINISTRATION
§ 4211. Full information on funds received.
Any department or agency of the United States Government which administers a program of grantsin-aid to any of the State governments of the United States or to their political subdivisions shall, upon request, notify in writing the Governor, the State legislature, or other official designated by either, of the purpose and amounts of actual grants-in-aid to the State or to its political subdivisions. In each instance, a copy of requested information shall be furnished the State legislature or the Governor depending upon the original request for such data. (Pub. L. 90-577, title II, $ 201, Oct. 16, 1968, 82 Stat. 1101.)
SUBCHAPTER III.-SPECIAL OR TECHNICAL SERVICES PROVIDED FOR STATE AND LOCAL UNITS OF GOVERNMENT BY FEDERAL DEPARTMENTS AND AGENCIES
§ 4212. Deposit of grants-in-aid.
No grant-in-aid to a State shall be required by Federal law or administrative regulation to be deposited in a separate bank account apart from other
$ 4221. Statement of purpose.
It is the purpose of this subchapter to encourage intergovernmental cooperation in the conduct of
1 So in original.
under the administration of this subchapter. (Pub. L. 90-577, title III, § 304, Oct. 16, 1968, 82 Stat. 1102.)
specialized or technical services and provision of facilities essential to the administration of State or local governmental activities, many of which are nationwide in scope and financed in part by Federal funds; to enable State or local governments to avoid unnecessary duplication of special service functions; and to authorize all departments and agencies of the executive branch of the Federal Government which do not have such authority to provide reimbursable specialized or technical services to State and local governments. (Pub. L. 90-577, title III, § 301, Oct. 16, 1968, 82 Stat. 1102.)
& 4225. Reservation of existing authority.
This subchapter is in addition to and does not supersede any existing authority now possessed by any Federal department or agency with respect to furnishing services, whether on a reimbursable or nonreimbursable basis, to State and local units of government. (Pub. L. 90-577, title III, $ 305, Oct. 16, 1968, 82 Stat. 1103.)
SUBCHAPTER IV.-DEVELOPMENT ASSISTANCE PROGRAMS; COORDINATED INTERGOVERNMENTAL POLICY AND ADMINISTRATION
§ 1222. Authority to provide service.
The head of any Federal department or agency is authorized within his discretion, upon written request from a State or political subdivision thereof, to provide specialized or technical services, upon payment, to the department or agency by the unit of government making the request, of salaries and all other identifiable direct or indirect costs of performing such services: Provided, however, That such services shall include only those which the Director of the Office of Management and Budget through rules and regulations determines Federal departments and agencies have special competence to provide. Such rules and regulations shall be consistent with and in furtherance of the Government's policy of relying on the private enterprise system to provide those services which are reasonably and expeditiously available through ordinary business channels. (Pub. L. 90-577, title III, § 302, Oct. 16, 1968, 82 Stat. 1102; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. -)
CHANGE OF NAME The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Omce of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.
$ 4231. Declaration of development assistance policy.
(a) The economic and social development of the Nation and the achievement of satisfactory levels of living depend upon the sound and orderly development of all areas, both urban and rural, Moreover, in a time of rapid urbanization, the sound and orderly development of urban communities depends to a large degree upon the social and economic health and the sound development of smaller communities and rural areas. The President shall, therefore, establish rules and regulations governing the formulation, evaluation, and review of Federal programs and projects having a significant impact on area and community development, including programs providing Federal assistance to the States and localities, to the end that they shall most effectively serve these basic objectives. Such rules and regulations shall provide for full consideration of the concurrent achievement of the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between such objectives when they conflict:
(1) Appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes;
(2) Wise development and conservation of natural resources, including land, water, minerals, wildlife, and others;
(3) Balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other modes for the movement of people and goods;
(4) Adequate outdoor recreation and open space;
(5) Protection of areas of unique natural beauty, historical and scientific interest;
(6) Properly planned community facilities, including utilities for the supply of power, water, and communications, for the safe disposal of wastes, and for other purposes; and
(7) Concern for high standards of design. (b) All viewpoints-national, regional, State, and local-shall, to the extent possible, be fully considered and taken into account in planning Federal or federally assisted development programs and projects. State and local government objectives, together with the objectives of regional organizations shall be considered and evaluated within a framework of national public objectives, as expressed in Federal law, and available projections of future national conditions and needs of regions, States, and
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4223 of this title.
$ 1223. Reimbursement of appropriation.
All inoneys received by any department or agency of the executive branch of the Federal Government, or any bureau or other administrative division tinereof, in payment for furnishing specialized or technical services as authorized under section 4222 of this title shall be deposited to the credit of the principal appropriation from which the cost of providing such services has been paid or is to be charged. (Pub. L. 30-577, title III, § 303, Oct. 16, 1968, 82 Stat. 1102.) 8 4224. Reports to Congress.
The Secretary of any department or the administrative head of any agency of the executive branch of the Federal Government shall furnish annually to the respective Committees on Government Operations of the Senate and House of Representatives a summary report on the scope of the services provided
localities shall be considered in plan formulation, evaluation, and review.
(c) To the maximum extent possible, consistent with national objectives, all Federal aid for development purposes shall be consistent with and further the objectives of State, regional, and local comprehensive planning. Consideration shall be given to all developmental aspects of our total national community, including but not limited to housing, transportation, economic development, natural and human resources development, community facilities, and the general improvement of living environments.
(d) Each Federal department and agency administering a development assistance program shall, to the maximum extent practicable, consult with and seek advice from all other significantly affected Federal departments and agencies in an effort to assure fully coordinated programs.
(e) Insofar as possible, systematic planning required by individual Federal programs (such as highway constuction, urban renewal, and open space) shall be coordinated with and, to the extent authorized by law, made part of comprehensive local and areawide development planning. (Pub. L. 90-577, title IV, § 401, Oct. 16, 1968, 82 Stat. 1103.)
Senate and the House having legislative jurisdiction over such grants-in-aid shall, separately or jointly, conduct studies of the program under which such grants-in-aid are made and advise their respective Houses of the results of their findings with special attention to
(1) The extent to which the purposes for which the grants-in-aid are authorized have been met;
(2) The extent to which the objectives of such programs can be carried on without further financial assistance from the United States;
(3) Whether or not any changes in purpose, direction or administration of the original program, or in procedures and requirements applicable thereto, shall be made; and
(4) The extent to which such grant-in-aid programs are adequate to meet the growing and changing needs which they were designed to support.
(b) (1) A study of a grant-in-aid program to which subsection (a) of this section applies and which is authorized by an Act of Congress enacted before October 16, 1968, shall be conducted prior to the expiration of the fourth calendar year beginning after October 16, 1968, and thereafter prior to the expiration of the fourth calendar year following the year during which a study of such program was last conducted under this paragraph.
(2) A study of a grant-in-aid program to which subsection (a) of this section applies and which is authorized by an Act of Congress enacted after October 16, 1968, shall be conducted prior to the expiration of the fourth calendar year following the year of enactment of such Act, and prior to the expiration of each fourth calendar year thereafter. (Pub. L. 90-577, title VI, $ 601, Oct. 16, 1968, 82 Stat. 1106.)
$ 4232. Favoring units of general local government.
Where Federal law provides that both specialpurpose units of local government and units of general local government are eligible to receive loans or grants-in-aid, heads of Federal departments and agencies shall, in the absence of substantial reasons to the contrary, make such loans or grants-in-aid to units of general local government rather than to special-purpose units of local government. (Pub. L. 90-577, title IV, § 402, Oct. 16, 1968, 82 Stat. 1104.)
& 4233. Rules and regulations,
The Office of Management and Budget or such other agency as may be designated by the President is hereby authorized to prescribe such rules and regulations as are deemed appropriate for the effective administration of this subchapter. (Pub. L. 90577, title IV, $ 403, Oct. 16, 1968, 82 Stat. 1104; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. —.)
CHANGE OF NAME The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.
§ 4242. Studies by Comptroller General of Federal
grant-in-aid programs; reports to Congress. (a) Upon request of any committee having jurisdiction over a grant-in-aid program, the Comptroller General shall make a study of such program to determine among other relevant matters, the extent to which
(1) such program conflicts with or duplicates other grant-in-aid programs; and
(2) more effective, efficient, economical, and uniform administration of such program can be achieved by changing certain requirements and procedures applicable thereto.
(b) In reviewing grant-in-aid programs the Comptroller General shall consider, among other relevant matters, and the budgetary, accounting, reporting and administrative procedures applicable to such programs. Reports on such studies, together with recommendations, shall be submitted by the Comptroller General to the Congress. Reports on expiring programs should, to the extent practicable, be submitted in the year prior to the date set for their expiration. (Pub. L. 90-577, title VI, $ 602, Oct. 16. 1968, 82 Stat. 1107.)
SUBCHAPTER V.-REVIEW OF FEDERAL
§ 4241. Congressional review of grant-in-aid programs.
(a) Where any Act of Congress authorizes the making of grants-in-aid and no expiration date for such authority has been specified by law, then prior to the expiration of each period specified in subsection (b) of this section the Committees of the
§ 4243. Studies by Advisory Commission on Inter
governmental Relations; report to Congress. Upon request of any committee having jurisdiction over a grant-in-aid program, the Advisory Commis
sion on Intergovernmental Relations (established by Public Law 86-380, as amended) shall conduct studies of the intergovernmental relations aspects of such program including (1) the impact of such program, if any, on the structural organization of State and local governments and on Federal-State-local fiscal relations, and (2) the coordination of Federal administration of such program with State and local administration thereof, and shall report its findings and recommendations to such committee and to the Congress. (Pub. L. 90–577, title VI, $ 603, Oct. 16, 1968, 82 Stat. 1107.)
REFERENCES IN TEXT Public Law 86-380, as amended, referred to in the text, is classified to chapter 53 of this title. $ 4244. Preservation of House and Senate committee
jurisdiction. Nothing in this chapter shall be construed to affect the jurisdiction of committees under the rules of the Senate and the House of Representatives. (Pub. L. 90-577, title VI, § 604, Oct. 16, 1968, 82 Stat. 1107.)
REFERENCES IN TEXT "This chapter", referred to in the text. read in the original "this Act", meaning Pub. L. 90-577, which is classified to this chapter and sections 531-535 of Title 40, Public Buildings, Property and Works.
2. Highway Beautification
23 U.S.C. 131, 136, 319
$ 131. Control of outdoor advertising.
(a) The Congress hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.
(b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State.
(c) Effective control means that after January 1, 1968, such signs, displays, and devices shall, pursuant to this section, be limited to (1) directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, which shall conform to national standards hereby authorized to be promulgated by the Secretary hereunder, which standards shall contain provisions concerning the lighting, size, number, and spacing of signs, and such other requirements as may be appropriate to implement this section, (2) signs, displays, and devices advertising the sale or lease of property upon which they are located, and (3) signs, displays, and devices advertising activities conducted on the property on which they are located.
(d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with customary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hundred and sixty feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and primary systems which are zoned Industrial or commercial under authority of State law, or in unzoned commercial or industrial areas as may be determined by agreement between the several States and the Secretary. The States shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes, and the actions of the States in this regard will be accepted for the purposes of this Act. Whenever a bona fide State, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. Nothing in this subsection shall apply to signs, displays, and devices referred to in clauses (2) and (3) of subsection (c) of this section.
(e) Any sign, display, or device lawfully in existence along the Interstate System or the Federal-aid primary system on September 1, 1965, which does not conform to this section shall not be required to be removed until July 1, 1970. Any other sign, display, or device lawfully erected which does not conform to this section shall not be required to be removed until the end of the fifth year after it becomes nonconforming.
(f) The Secretary shall, in consultation with the States, provide within the rights-of-way for areas at appropriate distances from interchanges on the Interstate System, on which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards to be promulgated by the Secretary.
(g) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays, and devices