42 U.S.C. § 1592c — Loans or grants for community facilities

Page 4850 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592b the locality has adopted a resolution approving use of such structures on the site. (c) Preference in admission to occupancy pend- ing ultimate disposition When the Secretary of Housing and Urban De- velopment determines that any housing pro- vided under this subchapter is no longer re- quired for persons engaged in national defense activities, preference in admission to occupancy thereof shall be given to veterans pending its ul- timate sale or disposition in accordance with the provisions of this subchapter. As among vet- erans, preference in admission to occupancy shall be given to disabled veterans whose dis- ability has been determined by the Secretary of Veterans Affairs to be service-connected. (Sept. 1, 1951, ch. 378, title III, § 302, 65 Stat. 303; July 14, 1952, ch. 723, § 5, 66 Stat. 602; Aug. 2, 1954, ch. 649, title VIII, § 806, 68 Stat. 645; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 102–54, § 13(q)(7)(A), June 13, 1991, 105 Stat. 281.) Editorial Notes CODIFICATION In subsec. (b), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. AMENDMENTS 1991—Subsecs. (a), (c). Pub. L. 102–54 substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Veterans’ Admin- istration’’. 1954—Subsec. (b). Act Aug. 2, 1954, in second sentence, substituted provisions prescribing the disposition pro- cedure, for former provisions that the housing should ‘‘be disposed of by the Administrator not later than the date, and subject to the conditions and requirements, hereafter prescribed by the Congress: Provided, That nothing in this sentence shall be construed as prohib- iting the Administrator from removing any such hous- ing by demolition or otherwise prior to the enactment of such legislation’’. 1952—Subsec. (b). Act July 14, 1952, inserted ‘‘or exist- ing housing built or acquired by the United States under authority of any other law’’ after ‘‘for reuse at other locations’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592b. Maximum construction costs; determina- tions by Secretary in certain condemnation proceedings The cost per family dwelling unit for any housing project constructed under the authority of this subchapter shall not exceed an average of $9,000 for two-bedroom units in such project, $10,000 for three-bedroom units in such project, and $11,000 for four-bedroom units in such project: Provided, That the Secretary of Housing and Urban Development may increase any such dollar limitation by not exceeding $1,000 in any geographical area where he finds that cost levels so require: Provided further, That in the Terri- tories and possessions of the United States the Secretary of Housing and Urban Development may increase any such dollar limitation by 50 per centum: And provided further, That for the purposes of this section the cost of any land ac- quired by the Secretary of Housing and Urban Development upon the filing of a declaration of taking in proceedings for the condemnation of fee title shall be considered to be the amount de- termined by the Secretary of Housing and Urban Development upon the basis of competent ap- praisal, to be the value thereof. (Sept. 1, 1951, ch. 378, title III, § 303, 65 Stat. 305; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592c. Loans or grants for community facilities or services; conditions; maximum amounts; annual adjustments In furtherance of the purposes of this sub- chapter and subject to the provisions hereof, the Secretary of Housing and Urban Development may make loans or grants, or other payments, to public and nonprofit agencies for the provi- sion, or for the operation and maintenance, of community facilities and equipment therefor, or for the provision of community services, upon such terms and in such amounts as the Sec- retary of Housing and Urban Development may consider to be in the public interest: Provided, That grants under this subchapter to any local agency for hospital construction may be made only after such action by the local agency to se- cure assistance under Public Law 725, Seventy- ninth Congress, approved August 13, 1946, as amended, or Public Law 380, Eighty-first Con- gress, approved October 25, 1949, as is determined to be reasonable under the circumstances, and only to the extent that the required assistance is not available to such local agency under said Public Law 725, or said Public Law 380, as the case may be: Provided further, That grants or payments for the provision, or for the mainte- nance and operation, of community facilities or services under this section shall not exceed the portion of the cost of the provision, or the main- tenance and operation, of such facilities or serv- ices which the Secretary of Housing and Urban Development estimates to be attributable to the national defense activities in the area and not to be recovered by the public or nonprofit agen- cy from other sources, including payments by the United States under any other provisions of this Act or any other law: And provided further, That any such continuing grant or payment shall be reexamined and adjusted annually upon the basis of the ability of the agency to bear a greater portion of the cost of such maintenance, operation, or services as a result of increased revenues made possible by such facility or by such defense activities. (Sept. 1, 1951, ch. 378, title III, § 304, 65 Stat. 305; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Page 4851 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592d 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT Public Law 725, Seventy-ninth Congress, approved Aug. 13, 1946, as amended, referred to in text, means act Aug. 13, 1946, ch. 958, 60 Stat. 1041, known as the Hos- pital Survey and Construction Act. For complete clas- sification of this Act to the Code, see Tables. Public Law 380, Eighty-first Congress, approved Oct. 25, 1949, referred to in text, means act Oct. 25, 1949, ch. 722, 63 Stat. 898, known as the Hospital Survey and Con- struction Amendments of 1949, which amended sections 291, 291d, 291f, 291g, 291h, 291i, 291j, 291n, and enacted provisions set out as notes under section 291 of this title. For complete classification of this Act to the Code, see Tables. This Act, referred to in text, means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under sec- tion 1501 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. HOSPITAL CONSTRUCTION; REVIVAL AND EXTENSION OF LOAN AND GRANT AUTHORITY; EXPIRATION DATE; AP- PROPRIATION Act Aug. 7, 1956, ch. 1029, § 605, 70 Stat. 1114, as amend- ed by Pub. L. 86–372, title VIII, § 804, Sept. 23, 1959, 73 Stat. 687; Pub. L. 87–70, title IX, § 906, June 30, 1961, 75 Stat. 191, provided that notwithstanding section 1591c of this title, the authority under this section to make loans or grants, or other payments to public and non- profit agencies for the construction of hospitals was re- vived and extended with respect to public and nonprofit agencies which had, prior to June 30, 1953, applied under this section, for such loans or grants, or other payments for the construction of hospitals, and had been denied such loans or grants, or other payments solely because of the unavailability of funds for such purpose, provided that the authority granted by this section was to expire June 30, 1962, and authorized ap- propriations for fiscal years ending June 30, 1962. § 1592d. Secretary’s powers with respect to hous- ing, facilities, and services (a) Planning, acquisition, construction, etc. With respect to any housing or community fa- cilities or services which the Secretary of Hous- ing and Urban Development is authorized to pro- vide, or any property which he is authorized to acquire, under this Act, the Secretary of Hous- ing and Urban Development is authorized by contract or otherwise (without regard to section 6101 of title 41, section 322 of the Act of June 30, 1932 (47 Stat. 412), as amended,1 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub- title I of title 41, and prior to the approval of the Attorney General) to make plans, surveys, and investigations; to acquire (by purchase, dona- tion, condemnation or otherwise), construct, erect, extend, remodel, operate, rent, lease, ex- change, repair, deal with, insure, maintain, con- vey, sell for cash or credit, demolish, or other- wise dispose of any property, land, improve- ment, or interest therein; to provide approaches, utilities, and transportation facilities; to pro- cure necessary materials, supplies, articles, equipment, and machinery; to make advance payments for leased property; to pursue to final disposition by way of compromise or otherwise, claims both for and against the United States (exclusive of claims in excess of $5,000 arising out of contracts for construction, repairs, and the purchase of supplies and materials, and claims involving administrative expenses) which are not in litigation and which have not been re- ferred to the Department of Justice; and to con- vey without cost to States and political subdivi- sions and instrumentalities thereof property for streets and other public thoroughfares and ease- ments for public purposes: Provided, That any instrument executed by the Secretary of Hous- ing and Urban Development and purporting to convey any right, title or interest in any prop- erty acquired pursuant to this subchapter or subchapter X of this chapter shall be conclusive evidence of compliance with the provisions thereof insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned. Notwithstanding any provisions of this Act, housing or commu- nity facilities constructed by the United States pursuant to the authority contained herein shall conform to the requirements of State and local laws, ordinances, rules, or regulations relating to health and sanitation, and, to the maximum extent practicable, taking into consideration the availability of materials and the require- ments of national defense, any housing or com- munity facilities, except housing or community facilities of a temporary character, constructed by the United States pursuant to the authority contained herein shall conform to the require- ments of State or local laws, ordinances, rules, or regulations relating to building codes. (b) Condemnation Before condemnation proceedings are insti- tuted pursuant to this subchapter or subchapter X an effort shall be made to acquire the prop- erty involved by negotiation unless, because of reasonable doubt as to the identity of the owner or owners, because of the large number of per- sons with whom it would be necessary to nego- tiate, or for other reasons, the effort to acquire by negotiation would involve, in the judgment of the Secretary of Housing and Urban Develop- ment, such delay in acquiring the property as to be contrary to the interest of national defense. In any condemnation proceeding instituted pur- suant to this subchapter or subchapter X, the court shall not order the party in possession to surrender possession in advance of final judg- ment unless a declaration of taking has been filed, and a deposit of the amount estimated to be just compensation has been made, under sec- tion 3114(a) to (d) of title 40, providing for such declarations. Unless title is in dispute, the court, upon application, shall promptly pay to the owner at least 75 per centum of the amount so deposited, but such payment shall be made without prejudice to any party to the pro- ceeding. (c) Return to original owner in certain cases If any real property acquired under this sub- chapter or subchapter X is retained after June