arrange for other agencies to perform such activities, with respect to projects or classes of projects-funded under the terms of this Act. Delegations under this section shall be made only on such conditions as may be appropriate to assure that the powers and functions delegated are exercised in full conformity with applicable statutory provisions and policies, and shall not relieve agency heads of responsibility for the proper and efficient management of projects funded by their agencies. FUNDING ARRANGEMENTS AND PROCEDURES SEC. 8. (a) In order to provide for the more effective administration of funds drawn from more than one Federal program or appropriation in support of projects under this Act, there may be established joint management funds with respect to such projects. There shall be transferred to the joint management fund from each affected program or appropriation, from time to time, its proportionate share of amounts needed for payment to the grantee. Any unexpended amounts shall be returned to the joint management fund by the grantee at the completion of the project. (b) Any account in a joint mangagement fund shall be subject to such agreements, not inconsistent with this section and other applicable law, as may be entered into by the Federal agencies concerned with respect to the discharge of the responsibilities of those agencies and shall assure the availability of necessary information to those agencies and to the Congress. These agreements shall also provide that the agency administering a joint management fund shall be responsible and accountable by program and appropriation for the amounts provided for the purposes of each account established in the fund; and shall include procedures for determining, from time to time, whether amounts in the account are in excess of the amounts required, and for returning that excess to the participating Federal agencies according to the applicable appropriations, subject to fiscal year limitations. Excess amounts applicable to expired appropriations will be lapsed from that fund. (c) For each project financed through an account in a joint management fund established pursuant to this section, the recipients of moneys drawn from the fund shall keep such records as the head of the Federal agency responsible for administering the fund will prescribe. Such records shall, as a minimum, fully disclose the amount and disposition by such recipient of Federal assistance received under each program and appropriation, the total cost of the project in connection with which such Federal assistance was given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (d) The head of the Federal agency responsible for administering such joint management fund 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 of such recipients that are pertinent to the moneys received from such fund. (e) In the case of any project covered in a joint management fund, a single non-Federal share may be established according to the Federal share ratios applicable to the several Federal assistance programs involved and the proportion of funds transferred to the project account from each of those programs. AUXILIARY PROVISIONS SEC. 9. Appropriations available to any Federal assistance program for technical assistance or the training of personnel may be made. available for the provision of technical assistance and training in connection with projects proposed or approved for joint funding involving that program and any other Federal assistance program. FEDERAL-STATE ASSISTANCE AND AGREEMENTS SEC. 10. Subject to such regulations as the President may prescribe, Federal agencies may enter into agreements with States as appropriate to extend the benefits of this Act to projects involving assistance from one or more Federal agencies and one or more State agencies. These agreements may include arrangements for the processing of requests for, or the administration of, assistance to such projects on a joint basis. REPORTING SEC. 11. At least one year prior to the expiration of this Act, the President shall submit a comprehensive report to the Congress on actions taken under this Act, and make recommendations for its continuation, modification, or termination. The report shall provide a detailed evaluation of the functioning of this Act, including information regarding the benefits and costs of jointly funded projects accruing to the participating State and local governments and private, nonprofit organizations, and to the Federal Government. DEFINITIONS SEC. 12. As used in this Act (1) the term "Federal assistance programs" means programs that provide assistance through grant or contractual arrangements, but does not include assistance in the form of revenue sharing, loans, loan guarantees, or insurance; (2) the term "applicant" means any State or local government or private, nonprofit organization acting separately or together in seeking assistance with respect to a single project; (3) the term "project" means any undertaking, whether of a temporary or continuing nature that includes components proposed or approved for assistance under more than one Federal program, or one or more Federal and one or more State programs, if each of those components contributes materially to the accomplishment of a single purpose or closely related purposes; (4) the term "Federal agency" means any agency, department, corporation, independent establishment, or other entity of the executive branch of the Government of the United States; (5) the term "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, and any tribe as defined in section 3 (c) of the Indian Financing Act (88 Stat. 77) ; (6) the term "local government" means a local unit of government including a city, county, parish, town, township, village, school district, council of governments, or other agency or instrumentality of a local unit of government. EFFECTIVE DATE AND EXPIRATION SEC. 13. This Act shall become effective sixty days following the date of enactment, and shall expire five years following the date upon which it becomes effective; except that the expiration of this Act shall not affect the status of any project approved prior to the date of such expiration. Approved December 5, 1974. § 1 COUNCIL FOR URBAN AFFAIRS1 Executive Order 11452 [34 Fed. Reg. 1223] ESTABLISHING THE COUNCIL FOR URBAN AFFAIRS By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Council. (a) There is hereby established the Council for Urban Affairs (hereinafter referred to as "the Council"). (b) The President of the United States shall preside over meetings of the Council. The Vice President shall preside in the absence of the President. (c) The Council shall be composed of the following: The Vice President of the United States The Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Chairman of the Council of Economic Advisers and such other heads of departments and agencies and others 2 as the President may from time to time direct. SEC. 2. Functions of the Council. The Council shall advise and assist the President with respect to urban affairs and shall perform such other duties as the President may from time to time prescribe. In addition to such duties, the Council is directed to: (1) Assist the President in the development of a national urban policy, having regard both to immediate and to long-range concerns, and to priorities among them. (2) Promote the coordination of Federal programs in urban areas. (3) Encourage the fullest cooperation between Federal, State, and city governments, with special concern for the maintenance of local initiative and local decision making. (4) Ensure that policies concerning urban affairs shall extend to the relations of urban, suburban, and rural areas, to programs affecting them, and to the movement of population between them. (5) Seek constant improvement in the actual delivery of public services to citizens. 1 Executive Order 11541 of July 1, 1970, 35 Fed. Reg. 10737 terminated the Council for Urban Affairs and provided that the functions heretofore assigned to that Council shall be performed by the Domestic Council in the Executive Office of the President. 'Executive Order 11500 of December 12, 1969, 34 Fed. Reg. 19701, inserted "and others." 81-793 - 77 - 6 (6) Foster the decentralization of government with the object that program responsibilities will be vested to the greatest possible extent in state and local government. (7) Encourage the most effective role possible for voluntary organizations in dealing with urban concerns. (8) Meet with and advise the President on the occasion of emergency situations, or conditions threatening the maintenance of civil order or civil rights. SEC. 3. Administrative Arrangements. (a) A person designated by the President shall serve as Executive Secretary of the Council. The Executive Secretary shall perform such duties as the President may from time to time direct. (b) In compliance with provisions of applicable law, and as-necessary to effectuate the purposes of this order, (1) the White House Office shall provide or arrange for supporting clerical administrative and other staff services for the Council, and (2) each Federal department and agency which is represented on the Council shall furnish the Council such information and other assistance as may be available. SEC. 4. Construction. Nothing in this order shall be construed as subjecting any department, establishment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner. THE WHITE HOUSE, January 23, 1969 RICHARD NIXON. |