US (United States) Code. Title 42. Chapter 37: Community facilities and advance land acquisition

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND

ACQUISITION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-MISC1-

Sec.

3101. Congressional declaration of purpose.

3102, 3103. Omitted.

3104. Advance acquisition of land for public purposes.

(a) Authority to make grants.

(b) Maximum amount of grants.

(c) Utilization of land for public purpose within

reasonable period of time.

(d) Diversion of land; repayment; interim use.

(e) Eligibility for other Federal loans or grant

programs.

3105. Powers and duties of Secretary.

3106. Definitions.

3107. Labor standards.

3108. Authorization of appropriations.

-End-

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42 USC Sec. 3101 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Sec. 3101. Congressional declaration of purpose

-STATUTE-

The purpose of this chapter is to assist and encourage the

communities of the Nation fully to meet the needs of their citizens

by making it possible, with Federal grant assistance, for their

governmental bodies (1) to construct adequate basic water and sewer

facilities needed to promote the efficient and orderly growth and

development of our communities, (2) to construct neighborhood

facilities needed to enable them to carry on programs of necessary

social services, and (3) to acquire, in a planned and orderly

fashion, land to be utilized in the future for public purposes.

-SOURCE-

(Pub. L. 89-117, title VII, Sec. 701, Aug. 10, 1965, 79 Stat. 489;

Pub. L. 90-448, title VI, Sec. 603(a), Aug. 1, 1968, 82 Stat. 533.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-448 substituted "in the future for public

purposes" for "in connection with the future construction of public

works and facilities" in cl. (3).

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-431, Sec. 1, Oct. 6, 1970, 84 Stat. 886, provided:

"That this Act [amending sections 3102 and 3108 of this title and

enacting provisions set out as a note under section 3108 of this

title] may be cited as the 'Emergency Community Facilities Act of

1970'."

-End-

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42 USC Secs. 3102, 3103 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Secs. 3102, 3103. Omitted

-COD-

CODIFICATION

Section 3102, Pub. L. 89-117, title VII, Sec. 702, Aug. 10, 1965,

79 Stat. 490; 1966 Reorg. Plan No. 2, eff. May 10, 1966, 31 F.R.

6857, 80 Stat. 1608; Pub. L. 90-19, Sec. 22(b), (g), May 25, 1967,

81 Stat. 26, 27; Pub. L. 90-448, title VI, Sec. 604, Aug. 1, 1968,

82 Stat. 534; Pub. L. 91-152, title III, Sec. 305(a), Dec. 24,

1969, 83 Stat. 391; Pub. L. 91-431, Sec. 3(c), Oct. 6, 1970, 84

Stat. 886; 1970 Reorg. Plan No. 3, Sec. 2(a)(1), eff. Dec. 2, 1970,

35 F.R. 15623, 84 Stat. 2087; Pub. L. 92-213, Sec. 6, Dec. 22,

1971, 85 Stat. 776; Pub. L. 92-335, Sec. 7, July 1, 1972, 86 Stat.

405; Pub. L. 93-117, Sec. 9, Oct. 2, 1973, 87 Stat. 423, which

authorized grants for basic water and sewer facilities, was omitted

pursuant to section 5316 of this title which terminated the

authority to make grants or loans under this section after Jan. 1,

1975.

Section 3103, Pub. L. 89-117, title VII, Sec. 703, Aug. 10, 1965,

79 Stat. 491; Pub. L. 90-19, Sec. 22(b), May 25, 1967, 81 Stat. 26;

Pub. L. 98-181, title I, Sec. 126(b)(2), Nov. 30, 1983, 97 Stat.

1175, which authorized grants for neighborhood facilities, was

omitted pursuant to section 5316 of this title which terminated the

authority to make grants or loans under this section after Jan. 1,

1975.

-End-

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42 USC Sec. 3104 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Sec. 3104. Advance acquisition of land for public purposes

-STATUTE-

(a) Authority to make grants

In order to encourage and assist the timely acquisition of land

planned to be utilized in the future for public purposes, the

Secretary is authorized to make grants to States and local public

bodies and agencies to assist in financing the acquisition of a fee

simple estate or other interest in such land.

(b) Maximum amount of grants

The amount of any grant made under this section shall not exceed

the aggregate amount of reasonable interest charges on the loans or

other financial obligations incurred to finance the acquisition of

such land for a period not in excess of the lesser of (1) five

years from the date of acquisition of such land or (2) the period

of time between the date on which the land was acquired and the

date its use began for the purpose for which it was acquired:

Provided, That where all or any portion of the cost of such land is

not financed through borrowings, the amount of the grant shall be

computed on the basis of the aggregate amount of reasonable

interest charges that the Secretary determines would have been

required.

(c) Utilization of land for public purpose within reasonable period

of time

No grant shall be made under this section unless the Secretary

determines that the land will be utilized for a public purpose

within a reasonable period of time and that such utilization will

contribute to economy, efficiency, and the comprehensively planned

development of the area. The Secretary shall in all cases require

that land acquired with the assistance of a grant under this

section be utilized for a public purpose within five years after

the date on which a contract to make such grant is entered into,

unless the Secretary determines that due to unusual circumstances a

longer period of time is necessary and in the public interest.

(d) Diversion of land; repayment; interim use

No land acquired with assistance under this section shall,

without approval of the Secretary, be diverted from the purpose

originally approved. The Secretary shall approve no such diversion

unless he finds that the diversion is in accord with the then

applicable comprehensive plan for the area. In cases of a diversion

of land to other than a public purpose, the Secretary may require

repayment of the grant, or substitution of land of approximately

equal fair market value, whichever he deems appropriate. An interim

use of the land for a public or private purpose in accordance with

standards prescribed by the Secretary, or approved by him, shall

not constitute a diversion within the meaning of this subsection.

(e) Eligibility for other Federal loans or grant programs

Notwithstanding any other provision of law, no project for which

land is acquired with assistance under this section shall, solely

as a result of such advance acquisition, be considered ineligible

for the purpose of any other Federal loan or grant program, and the

amount of the purchase price paid for the land by the recipient of

a grant under this section may be considered an eligible cost for

the purpose of such other Federal loan or grant program.

-SOURCE-

(Pub. L. 89-117, title VII, Sec. 704, Aug. 10, 1965, 79 Stat. 491;

Pub. L. 90-19, Sec. 22(b), May 25, 1967, 81 Stat. 26; Pub. L.

90-448, title VI, Sec. 603(b), Aug. 1, 1968, 82 Stat. 533; Pub. L.

96-470, title I, Sec. 107(c), Oct. 19, 1980, 94 Stat. 2238.)

-MISC1-

AMENDMENTS

1980 - Subsec. (c). Pub. L. 96-470 substituted "unless the

Secretary determines that due to unusual circumstances a longer

period of time is necessary and in the public interest" for "unless

the Secretary (1) determines that due to unusual circumstances a

longer period of time is necessary and in the public interest, and

(2) reports such determination promptly to the Committees on

Banking and Currency of the Senate and House of Representatives".

1968 - Subsec. (a). Pub. L. 90-448 substituted "to be utilized in

the future for public purposes" for "to be utilized in connection

with the future construction of public works or facilities".

Subsec. (b). Pub. L. 90-448 changed the period from not more than

the lesser of (1) five years from the date such loan was made or

such financial obligation was incurred, or (2) the period of time

between the date such loan was made or such financial obligation

was incurred and the date construction is begun on the public work

or facility, to not more than the lesser of (1) five years from the

date of acquisition of such land, or (2) the period of time between

the date on which the land was acquired and the date its use began

for the purpose for which it was acquired, and inserted proviso

requiring the amount of the grant, where all or any portion of the

cost of land is not financed through borrowings, to be computed on

the basis of the aggregate amount of reasonable interest charges

that the Secretary determines would have been required.

Subsec. (c). Pub. L. 90-448 substituted provisions requiring the

Secretary to determine that the land will be utilized for a public

purpose within a reasonable period of time, for provisions which

required a determination that the public work or facility for which

the land is to be utilized is planned to be constructed or

initiated within a reasonable period of time, empowered the

Secretary to extend the time if he determines that due to unusual

circumstances a longer period of time is necessary and in the

public interest, and required a prompt report of such determination

to Congressional Committees.

Subsec. (d). Pub. L. 90-448 inserted provisions prohibiting

diversion of land without approval of the Secretary, directing the

Secretary to disapprove any diversion unless he finds that the

diversion is in accord with the then applicable comprehensive plan

for the area, authorizing the Secretary to accept, in cases of

repayment, substitution of land of approximately equal fair market

value, and stating that an interim use of land for a public or

private purpose in accordance with prescribed standards shall not

constitute a diversion, and eliminated provisions which required

repayment if the land purchased with assistance is not utilized

within five years after the agreement is entered into in connection

with the construction of the public work or facility for which the

land was acquired.

Subsec. (e). Pub. L. 90-448 added subsec. (e).

1967 - Subsecs. (a), (c), (d). Pub. L. 90-19 substituted

"Secretary" for "Administrator" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3108 of this title.

-End-

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42 USC Sec. 3105 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Sec. 3105. Powers and duties of Secretary

-STATUTE-

(a) In the performance of, and with respect to, the functions,

powers, and duties vested in him by this chapter, the Secretary

shall (in addition to any authority otherwise vested in him) have

the functions, powers, and duties set forth in section 1749a (!1)

of title 12, except subsections (a), (c)(2), and (f) thereof.

(b) The Secretary is authorized, notwithstanding the provisions

of section 3324(a) and (b) of title 31, to make advance or progress

payments on account of any grant made pursuant to this chapter. No

part of any grant authorized to be made by the provisions of this

chapter shall be used for the payment of ordinary governmental

operating expenses.

-SOURCE-

(Pub. L. 89-117, title VII, Sec. 705, Aug. 10, 1965, 79 Stat. 492;

Pub. L. 90-19, Sec. 22(b), May 25, 1967, 81 Stat. 26.)

-REFTEXT-

REFERENCES IN TEXT

Section 1749a of title 12, referred to in subsec. (a), was

repealed by Pub. L. 99-498, title VII, Sec. 702, Oct. 17, 1986, 100

Stat. 1545.

-COD-

CODIFICATION

In subsec. (b), "section 3324(a) and (b) of title 31" substituted

for "section 3648 of the Revised Statutes [31 U.S.C. 529]" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-19 substituted "Secretary" for "Administrator"

wherever appearing.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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42 USC Sec. 3106 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Sec. 3106. Definitions

-STATUTE-

As used in this chapter -

(a) The term "State" means the several States, the District of

Columbia, the Commonwealth of Puerto Rico, and the territories and

possessions of the United States.

(b) The term "local public bodies and agencies" includes public

corporate bodies or political subdivisions; public agencies or

instrumentalities of one or more States, municipalities, or

political subdivisions of one or more States (including public

agencies and instrumentalities of one or more municipalities or

other political subdivisions of one or more States); Indian tribes;

and boards or commissions established under the laws of any State

to finance specific capital improvement projects.

(c) The term "development cost" means the cost of constructing

the facility and of acquiring the land on which it is located,

including necessary site improvements to permit its use as a site

for the facility.

-SOURCE-

(Pub. L. 89-117, title VII, Sec. 706, Aug. 10, 1965, 79 Stat. 492.)

-End-

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42 USC Sec. 3107 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Sec. 3107. Labor standards

-STATUTE-

All laborers and mechanics employed by contractors or

subcontractors on projects assisted under sections 3102 and 3103 of

this title shall be paid wages at rates not less than those

prevailing on similar construction in the locality as determined by

the Secretary of Labor in accordance with sections 3141-3144, 3146,

and 3147 of title 40. No such project shall be approved without

first obtaining adequate assurance that these labor standards will

be maintained upon the construction work. The Secretary of Labor

shall have, with respect to the labor standards specified in this

section, the authority and functions set forth in Reorganization

Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section

3145 of title 40.

-SOURCE-

(Pub. L. 89-117, title VII, Sec. 707, Aug. 10, 1965, 79 Stat. 492.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3102 and 3103 of this title, referred to in text, were

omitted from the Code pursuant to section 5316 of this title which

terminated the authority to make grants or loans under those

sections after Jan. 1, 1975.

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a -

276a-5)" and "section 3145 of title 40" substituted "section 2 of

the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C.

276c)", on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-End-

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42 USC Sec. 3108 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 37 - COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION

-HEAD-

Sec. 3108. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated for each fiscal year

commencing after June 30, 1965, and ending prior to July 1, 1969,

not to exceed (1) $200,000,000 (or $350,000,000 in the case of the

fiscal year commencing July 1, 1968) for grants under section 3102

of this title, (2) $50,000,000 for grants under section 3103 of

this title, and (3) $25,000,000 for grants under section 3104 of

this title. In addition, there is authorized to be appropriated for

grants under section 3102 of this title not to exceed $115,000,000

for the fiscal year commencing July 1, 1969, and not to exceed

$100,000,000 for the fiscal year commencing July 1, 1970. In

addition, upon the enactment of the Emergency Community Facilities

Act of 1970, there is authorized to be appropriated for grants

under section 3102 of this title not to exceed $1,000,000,000 for

the fiscal year commencing July 1, 1970. In addition, there is

authorized to be appropriated for the fiscal year commencing July

1, 1971, not to exceed $50,000,000 for grants under section 3103 of

this title. In addition, there are authorized to be appropriated

for the fiscal year commencing July 1, 1973, not to exceed

$40,000,000 for grants under section 3103 of this title.

(b) Any amounts appropriated under this section shall remain

available until expended, and any amounts authorized for any fiscal

year under this section but not appropriated may be appropriated

for any succeeding fiscal year commencing prior to July 1, 1974.

-SOURCE-

(Pub. L. 89-117, title VII, Sec. 708, Aug. 10, 1965, 79 Stat. 493;

Pub. L. 90-448, title VI, Sec. 605, Aug. 1, 1968, 82 Stat. 534;

Pub. L. 91-152, title III, Sec. 305(b), (c), Dec. 24, 1969, 83

Stat. 391; Pub. L. 91-431, Sec. 3(a), (b), Oct. 6, 1970, 84 Stat.

886; Pub. L. 91-609, title III, Sec. 304, Dec. 31, 1970, 84 Stat.

1780; Pub. L. 92-335, Sec. 3, July 1, 1972, 86 Stat. 405; Pub. L.

93-117, Sec. 8, Oct. 2, 1973, 87 Stat. 422.)

-REFTEXT-

REFERENCES IN TEXT

Sections 3102 and 3103 of this title, referred to in subsec. (a),

were omitted from the Code pursuant to section 5316 of this title

which terminated the authority to make grants or loans under those

sections after Jan. 1, 1975.

The Emergency Community Facilities Act of 1970, referred to in

subsec. (a), is Pub. L. 91-431, Oct. 6, 1970, 84 Stat. 886, which

amended sections 3102 and 3108 of this title, and enacted a

provision set out as a note under this section. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-MISC1-

AMENDMENTS

1973 - Subsec. (a). Pub. L. 93-117, Sec. 8(a), provided for

neighborhood facility grant authorization of $40,000,000 for fiscal

year commencing July 1, 1973.

Subsec. (b). Pub. L. 93-117, Sec. 8(b), substituted "July 1,

1974" for "September 30, 1972".

1972 - Subsec. (b). Pub. L. 92-335 substituted "September 30,

1972" for "July 1, 1972".

1970 - Subsec. (a). Pub. L. 91-609, Sec. 304(a), authorized

appropriation of $50,000,000 for fiscal year commencing July 1,

1971, for grants under section 3103 of this title.

Pub. L. 91-431, Sec. 3(a), authorized appropriations for grants

under section 3102 of this title of not to exceed $1,000,000,000

for fiscal year commencing July 1, 1970.

Subsec. (b). Pub. L. 91-609, Sec. 304(b), substituted "July 1,

1972" for "July 1, 1971".

Pub. L. 91-431, Sec. 3(b), substituted "July 1, 1972" for "July

1, 1971".

1969 - Subsec. (a). Pub. L. 91-152, Sec. 305(c), authorized

appropriations of not more than $100,000,000 for fiscal year

commencing July 1, 1970.

Subsec. (b). Pub. L. 91-152, Sec. 305(b), substituted "July 1,

1971" for "July 1, 1970".

1968 - Subsec. (a). Pub. L. 90-448, Sec. 605(b), authorized

appropriations of not more than $350,000,000 for fiscal year

commencing July 1, 1968, and not more than $115,000,000 for fiscal

year commencing July 1, 1969.

Subsec. (b). Pub. L. 90-448, Sec. 605(a), substituted "July 1,

1970" for "July 1, 1969".

CONGRESSIONAL STATEMENT OF FINDINGS

Section 2 of Pub. L. 91-431 provided that:

"(a) The Congress finds that a large number of municipalities and

other entities of local government throughout the Nation are unable

to finance construction of vital and urgently needed public

facilities because of the shortage of funds for long-term

borrowing.

"(b) The Congress further finds that there is an immediate need

for such facilities in order to provide basic safeguards for the

health and well-being of the people of the United States, to check

widespread pollution of irreplaceable water sources, and to provide

an effective and practical method of combating rising

unemployment."

ADMINISTRATIVE PRIORITY FOR APPLICATIONS RELATING TO ACTIVITIES IN

AREAS AFFECTED BY BASE CLOSINGS

State or unit of local government or agency thereof affected by

reduction in level of expenditure or employment at Department of

Defense installation located in or near such State or unit of local

government, priority in processing applications for assistance

under this section, see section 1453a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453a of this title.

-End-