42 U.S.C. § 3102 — Untitled legal text

Page 5834 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 3061 to 3067 (C) when the older individual is competent to make the decision; (2) is set forth prior to the occurrence of the illness or injury in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or (3) may be unambiguously deduced from the older individual’s life history. (Pub. L. 89–73, title VII, § 765, as added Pub. L. 109–365, title VII, § 705, Oct. 17, 2006, 120 Stat. 2594.) CHAPTER 35A—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS §§ 3061 to 3067. Repealed. Pub. L. 94–135, title I, § 113(b), Nov. 28, 1975, 89 Stat. 725 Section 3061, Pub. L. 93–29, title IX, § 902, May 3, 1973, 87 Stat. 60, related to establishment of Older American Community Service Employment Program authority of Secretary, execution of agreements with terms and conditions for furthering purposes and goals of pro- gram, and regulations for execution of chapter provi- sions and costs and non-Federal share. Section 3062, Pub. L. 93–29, title IX, § 903, May 3, 1973, 87 Stat. 62, related to administration of community service projects: consideration of needs of localities, employment situation and skills of eligible partici- pants, and potential projects and number and percent- age of eligible individuals in local population; agency cooperation, community service projects as part of gen- eral manpower programs, expenditure of project appro- priations for manpower programs prohibited; use of services, equipment, personnel, facilities of Federal and other agencies, and cooperation with other public and private agencies in such use; community service projects: criteria for equitable participation in admin- istration of such projects; payments, advances, reim- bursement, and installments; and prohibition of delega- tion of functions and duties. Section 3063, Pub. L. 93–29, title IX, § 904, May 3, 1973, 87 Stat. 63, related to participants without status of Federal employees; contractual requirement of work- men’s compensation coverage and severance benefits. Section 3064, Pub. L. 93–29, title IX, § 905, May 3, 1973, 87 Stat. 63, related to interagency cooperation. Section 3065, Pub. L. 93–29, title IX, § 906, May 3, 1973, 87 Stat. 63, related to allotment for projects: allotment formula, reallotments, and equitable distribution of as- sistance. Section 3066, Pub. L. 93–29, title IX, § 907, May 3, 1973, 87 Stat. 64, related to definitions. Section 3067, Pub. L. 93–29, title IX, § 908, May 8, 1973, 87 Stat. 64; Pub. L. 93–113, title VI, § 604(b), Oct. 1, 1973, 87 Stat. 417, related to authorization of appropriations. Subject matter is covered by section 3056 et seq. of this title. CHAPTER 36—COMPENSATION OF CON- DEMNEES IN DEVELOPMENT PROGRAMS §§ 3071 to 3074. Repealed. Pub. L. 91–646, title II, § 220(a)(8), title III, § 306, Jan. 2, 1971, 84 Stat. 1903, 1907 Section 3071, Pub. L. 89–117, title IV, § 401, Aug. 10, 1965, 79 Stat. 485; Pub. L. 90–19, § 22(f), May 25, 1967, 81 Stat. 27, related to definitions. Section 3072, Pub. L. 89–117, title IV, § 402, Aug. 10, 1965, 79 Stat. 485; Pub. L. 90–19, § 22(a), May 25, 1967, 81 Stat. 26, related to acquisition of realty by eminent do- main. Section 3073, Pub. L. 89–117, title IV, § 403, Aug. 10, 1965, 79 Stat. 485, related to financing of payments in eminent domain where amount is in dispute. Section 3074, Pub. L. 89–117, title IV, § 404(a), Aug. 10, 1965, 79 Stat. 485; Pub. L. 90–19, § 22(a), May 25, 1967, 81 Stat. 26, related to relocation payments under federally assisted development programs. Subject matter is covered by section 4601 et seq. of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal not applicable to any State so long as sections 4630 and 4655 of this title are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91–646, set out as an Effective Date note under section 4601 of this title. SAVINGS PROVISION Any rights or liabilities existing under sections 3071 to 3074 as not affected by such repeal, see sections 220(b) and 306 of Pub. L. 91–646, set out as Savings Pro- vision notes under sections 4621 and 4651 of this title. CHAPTER 37—COMMUNITY FACILITIES AND ADVANCE LAND ACQUISITION Sec. 3101. Congressional declaration of purpose. 3102, 3103. Omitted. 3104. Advance acquisition of land for public pur- poses. 3105. Powers and duties of Secretary. 3106. Definitions. 3107. Labor standards. 3108. Authorization of appropriations. § 3101. Congressional declaration of purpose The purpose of this chapter is to assist and en- courage 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 pro- mote the efficient and orderly growth and devel- opment 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 fash- ion, land to be utilized in the future for public purposes. (Pub. L. 89–117, title VII, § 701, Aug. 10, 1965, 79 Stat. 489; Pub. L. 90–448, title VI, § 603(a), Aug. 1, 1968, 82 Stat. 533.) Editorial Notes 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). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–431, § 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 ‘Emer- gency Community Facilities Act of 1970’.’’ §§ 3102, 3103. Omitted Editorial Notes CODIFICATION Section 3102, Pub. L. 89–117, title VII, § 702, Aug. 10, 1965, 79 Stat. 490; 1966 Reorg. Plan No. 2, eff. May 10, Page 5835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3104 1966, 31 F.R. 6857, 80 Stat. 1608; Pub. L. 90–19, § 22(b), (g), May 25, 1967, 81 Stat. 26, 27; Pub. L. 90–448, title VI, § 604, Aug. 1, 1968, 82 Stat. 534; Pub. L. 91–152, title III, § 305(a), Dec. 24, 1969, 83 Stat. 391; Pub. L. 91–431, § 3(c), Oct. 6, 1970, 84 Stat. 886; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087; Pub. L. 92–213, § 6, Dec. 22, 1971, 85 Stat. 776; Pub. L. 92–335, § 7, July 1, 1972, 86 Stat. 405; Pub. L. 93–117, § 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, § 703, Aug. 10, 1965, 79 Stat. 491; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26; Pub. L. 98–181, title I [title I, § 126(b)(2)], Nov. 30, 1983, 97 Stat. 1175, which authorized grants for neighborhood facilities, was omitted pursuant to sec- tion 5316 of this title which terminated the authority to make grants or loans under this section after Jan. 1, 1975. § 3104. Advance acquisition of land for public purposes (a) Authority to make grants In order to encourage and assist the timely ac- quisition of land planned to be utilized in the fu- ture for public purposes, the Secretary is au- thorized to make grants to States and local pub- lic bodies and agencies to assist in financing the acquisition of a fee simple estate or other inter- est in such land. (b) Maximum amount of grants The amount of any grant made under this sec- tion 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 pur- pose 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 un- less the Secretary determines that the land will be utilized for a public purpose within a reason- able period of time and that such utilization will contribute to economy, efficiency, and the com- prehensively 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 pur- pose within five years after the date on which a contract to make such grant is entered into, un- less the Secretary determines that due to un- usual 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 ap- proved. The Secretary shall approve no such di- version 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 substi- tution of land of approximately equal fair mar- ket 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 assist- ance under this section shall, solely as a result of such advance acquisition, be considered ineli- gible for the purpose of any other Federal loan or grant program, and the amount of the pur- chase 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 Fed- eral loan or grant program. (Pub. L. 89–117, title VII, § 704, Aug. 10, 1965, 79 Stat. 491; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26; Pub. L. 90–448, title VI, § 603(b), Aug. 1, 1968, 82 Stat. 533; Pub. L. 96–470, title I, § 107(c), Oct. 19, 1980, 94 Stat. 2238.) Editorial Notes AMENDMENTS 1980—Subsec. (c). Pub. L. 96–470 substituted ‘‘unless the Secretary determines that due to unusual cir- cumstances a longer period of time is necessary and in the public interest’’ for ‘‘unless the Secretary (1) deter- mines that due to unusual circumstances a longer pe- riod of time is necessary and in the public interest, and (2) reports such determination promptly to the Com- mittees 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 in- curred, or (2) the period of time between the date such loan was made or such financial obligation was in- curred 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 requir- ing 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 deter- mines would have been required. Subsec. (c). Pub. L. 90–448 substituted provisions re- quiring the Secretary to determine that the land will be utilized for a public purpose within a reasonable pe- riod of time, for provisions which required a determina- tion that the public work or facility for which the land is to be utilized is planned to be constructed or initi- ated 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 prohib- iting diversion of land without approval of the Sec- retary, directing the Secretary to disapprove any diver-